BOOK 55 Page 26307 10/20/03 2:30 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF OCTOBER 20, 2003, AT 2:30 P.M. PRESENT: Mayor Lou Ann R. Palmer, 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: Mayor Palmer The meeting was called to order in accordance with Article III, Section 9(a) of the City of Sarasota Charter at 2:30 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. CHANGES TO THE ORDERS OF THE DAY CD 2:32 through 2:35 City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Remove Item No. XI-A-2, Public Hearing Re: Proposed Ordinance No. 03-4494, amending the Sarasota City Code, Chapter 2, Administration, Article I, in general, Section 2-5, Administrative Approval of Contracts, by the addition thereto of contractual matters which shall be exempt from the Charter requirement of City Commission approval, due to the Sarasota Herald-Tribune inadvertently not advertising the Notice of Public Hearing. City Auditor and Clerk Robinson stated that the item will be readvertised and placed on the Agenda of the November 3, 2003, Regular Commission meeting. B. Add under Commission Presentations, Item No. IX-3, Presentation Re: Hands of Heritage Festival events. Mayor Palmer asked if the Commission had any objections to the Changes to the Orders of the Day. Mayor Palmer stated that hearing no objections, the Changes to the Orders of the Day are approved by unanimous consent. Mayor Palmer asked if any Commissioner wished to remove any item from Consent Agenda No. 1 or 2; and hearing none, stated that Consent Agenda Nos. 1 and 2 will be heard as submitted. 2. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM I) CD 2:35 through 2:37 The following people came before the Commission: Patrick Calhoon, Manager, Sports Facilities, and Jeff Maultsby, Manager, Florida Operations, Cincinnati Reds. Mr. Calhoon stated that Mr. Maultsby came to Sarasota at the beginning of Spring Training in 2003 to fill the position of Florida Manager of Operations for the Cincinnati Reds; that the appointment demonstrates the commitment of the Cincinnati Reds to a long term relationship with the City and will enhance the relationship between the Cincinnati Reds and the City and the County; that Mr. Maultsby has ten years' experience with the New York Mets and Los Angeles Dodgers in St. Lucie and Vero Beach, Florida; that Mr. Maultsby has been actively going out to meet members of the community and will be an excellent asset to the City's relationship with the Cincinnati Reds and baseball in the community. Mr. Maultsby stated that representing the Cincinnati Reds is an honor and a pleasure; that working with Mr. Calhoon and Staff of the Ed Smith Sports Stadium since February 2003 has been a pleasure; that the Cincinnati Reds look forward to beginning talks and moving forward with a long term agreement between the City and the Cincinnati Reds. Mr. Calhoon stated that a conference was attended in Las Vegas, Nevada, representing the City in pursuit of the national Amateur Athletic Union (AAU) tournament, which was secured for the City for the next three years through July 2006; that the AAU tournament is the most coveted tournament in baseball; that the City competed against Fort Myers, Florida, Chickasha, Oklahoma, Kingston, Tennessee, Myrtle Beach, South Carolina, and Louisville, Kentucky; that the success in attracting the AAU tournament is the result of the support of the Commission, the volunteers, and the City's partner of the Snappers Baseball Club; that the AAU tournament will have a positive economic BOOK 55 Page 26308 10/20/03 2:30 P.M. BOOK 55 Page 26309 10/20/03 2:30 P.M. impact on the community amounting to approximately $6 million annually. 3. APPROVAL RE : MINUTES OF THE SPECIAL JOINT CITY AND COUNTY COMMISSION MEETING OF SEPTEMBER 15, 2003 = APPROVED; THE SPECIAL CITY COMMISSION MEETING OF SEPTEMBER 30, 2003 = APPROVED ; AND THE REGULAR CITY COMMISSION MEETING OF OCTOBER 6, 2003 = APPROVED AS REVISED (AGENDA ITEM II-1, 2, AND 3) CD 2:37 through 2:38 Mayor Palmer asked if the Commission had any changes to the minutes of the September 15, 2003, Special Joint City and Commission meeting? Mayor Palmer stated that hearing no changes, the minutes of the September 15, 2003, Special Joint City and County Commission meeting are approved by unanimous consent. Mayor Palmer asked if the Commission had any changes to the minutes of the September 30, 2003, Special Commission meeting? Mayor Palmer stated that hearing no changes, the minutes of the September 30, 2003, Special City Commission meeting are approved by unanimous consent. Mayor Palmer asked if the Commission had any changes to the minutes of the October 6, 2003, Regular City Commission meeting? Vice Mayor Martin stated that the name of one of the appointees to the Human Relations Board under Agenda Item V-1, Board Appointments, should be corrected from Silvia Taylor to Sylvia Taylor. Vice Mayor Martin referred to the following from Agenda Item IX-B-1, the Quasi-Judicial Public Hearing concerning proposed Resolution No. 03R-1634 regarding the Sarasota County Area Transit (SCAT) transfer facility: Vice Mayor Martin asked the projected number of additional buses coming into Downtown every hour in the next five years? Mr. Rees stated that the headways will be reduced from one hour to 30 minutes on the US 41 and Beneva Road routes. Vice Mayor Martin stated that the recollection is a response was provided indicating five additional buses per hour will be routed through Downtown in the next five years; that the minutes should be revised to include the response if the recollection is accurate. Mayor Palmer stated that hearing no other changes, the minutes of the October 6, 2003, Regular City Commission meeting are approved as revised by unanimous consent. 4. BOARD REPORT RE: PLANNING BOARD/LOCAL PLANNING AGENCY' S REGULAR MEETING OF SEPTEMBER 4, 2003 RECEIVED REPORT ; APPROVED FOR STAFF TO EVALUATE A SAMPLE OF ALLEYWAYS THROUGHOUT THE CITY AND PROVIDE A REPORT BACK CONCERNING THE CONDITION OF THE ALLEYWAYS (AGENDA ITEM III-1) CD 2:38 through 2:45 Michael Taylor, Deputy Director of Planning, came before the Commission; stated that the Chair of the Planning Board/Local Planning Agency (PBLP) is unable to attend; and presented the following item for the September 4, 2003, Regular PBLP meeting: Alleyway Inventory and Evaluation Mr. Taylor stated that the PBLP discussed the condition of alleyways throughout the City and voted 4 to 1 to recommend the Commission consider funding an item in the fiscal year (FY) 2004/05 budget to inventory alleyways and evaluate alley conditions to determine if improvements or repairs are required; that Staff recommends a sample of alleyways throughout the City be evaluated with a report back to the Commission to provide a better understanding of the condition of the alleyways; that the magnitude of the problem is not currently understood. Vice Mayor Martin asked the parameters of the perceived problem? Mr. Taylor stated that a variety of issues, including paving, the placement of dumpsters, trimming of vegetation, etc., are perceived as problematic; that some alleyways are not paved. Mayor Palmer stated that alleyways are vital to the future plans for the Downtown area and will provide access to significant Downtown development; that Staff's recommendation provides a good avenue to begin addressing the concern; and continued by requesting clarification regarding Staff's planned verification of conditions regarding approved site plans and development BOOK 55 Page 26310 10/20/03 2:30 P.M. BOOK 55 Page 26311 10/20/03 2:30 P.M. agreements at the time of issuance of a certification of occupancy. Timothy Litchet, Director of Building, Zoning and Code Enforcement, came before the Commission and stated that Staff previously met with members of the PBLP concerning verification of conditions and stipulations; that Staff has a good process for enforcing the conditions and stipulations placed on site plans, conditional uses, etc., through the issuance of a certificate of occupancy; that one area of possible concern is the number of conditional uses, site plans, etc., which were approved in the 1970s with 40 to 50 conditions; that indicating no violations have occurred is not possible; that a manual map has been developed including each property and the date any stipulations were approved; that information can be retrieved as questions arise or new building permits are requested; that the process is becoming more automated; that the Development Review Committee (DRC) process is also becoming more automated to provide better tracking; that the concern regarding possible violations of site plan conditions may be more of a perception than a reality; that violations can occur; however, issues of significant importance will generally be reported and resolved; that Planning Staff is developing a report concerning verification of conditions regarding development agreements. Mr. Taylor stated that Staff continually strives to enforce all stipulations to the extent possible; however, a violation will occasionally occur and will be corrected as soon as known. Mayor Palmer asked if the City Attorney's Office is involved in discussions concerning verification of development agreements? Mr. Taylor stated that all affected departments are included in the discussions. Mr. Litchet stated that enforceability is a concern in the consideration of site plan approval; that numerous stipulations are difficult to enforce; that the Commission is requested to give consideration to enforceability while approving site plans. Mayor Palmer stated that the suggestion is appreciated. Mr. Taylor stated that the recommendation concerning alleyways is to bring the proposal to the Commission as part of a budget issue for the FY 2004/05 budget; that in the interim, Staff will research a sampling of alleyways, identify the magnitude of the problem, and develop a recommended course of action. Commissioner Servian stated that other areas besides Downtown have alleyways and will be undergoing redevelopment and asked if areas other than the Downtown will be considered in the inventory? Mr. Taylor stated that the PBLP's intent is understood as Citywide; however, the focus will probably be on the Downtown and other areas of significant importance or need. Commissioner Servian referred to the Agenda Request in the Agenda backup material indicating the inventory will include a sampling of the "Downtown area.' - Mr. Taylor stated that Downtown is the more important area; however, other areas such as Newtown should be reviewed for possible recommendations. Mayor Palmer stated that Downtown may not be the most important but is a current priority. City Manager McNees stated that the PBLP's recommendation concerning alleyways is appreciated; however, caution should be exercised in allowing City advisory boards to establish new items in Staff's work program; that the City has approximately 30 advisory boards; that the budget process is completed for a forthcoming fiscal year, after which additional issues of concern are possibly identified by an advisory board and a new item for the work program is developed; that the condition of alleyways is the City's responsibility; that any issue concerning alleyways should be known; that Staff's recommendation to assess the issue is good; however, the Commission should be aware of a procedural issue as other advisory board recommendations are presented. Mr. Taylor stated that alleyways are important to the City's redevelopment plans for the Downtown and Newtown communities. On motion of Commissioner Servian and second of Commissioner Atkins, it was moved to receive the Planning Board/Local Planning Agency (PBLP) report of the September 4, 2003, meeting. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Martin, yes; Servian, yes; Palmer, yes. BOOK 55 Page 26312 10/20/03 2:30 P.M. BOOK 55 Page 26313 10/20/03 2:30 P.M. City Auditor and Clerk Robinson asked if the Commission wishes to take action concerning the PBLP's recommendation regarding alleyways? Mayor Palmer stated that the understanding is Staff will conduct a survey to develop a recommendation for the FY 2004/05 budget; that hearing the Commission's consensus, Staff's recommendation to evaluate a sample of alleyways throughout the City and provide a report back to the Commission for a better understanding of the condition of the alleyways is approved. 5. BOARD REPORT RE: : HISTORIC PRESERVATION BOARD', S REGULAR MEETING OF SEPTEMBER 9, 2003 - RECEIVED REPORT; SET HISTORIC DESIGNATION APPLICATION NO. 03-HD-03 FOR PUBLIC HEARING (AGENDA ITEM III-2) CD 2:45 through 2:47 Mayor Palmer stated that Historic Designation Application No. 03-HD-03 is for historic designation of the Orren and Allie Wells House at 1743 Bay Street. Tom Luzier, Chairman of the Historic Preservation Board, and Harvey Hoglund, Senior Planner, Planning and Redevelopment, came before the Commission. Mr. Luzier presented the following item from the September 9, 2003, Regular meeting of the Historic Preservation Board: The Orren and Allie Wells House 1743 Bay Street Mr. Luzier stated that Staff from the Sarasota County Department of Historical Resources determined that the structure located at 1743 Bay Street, known as the Orren and Allie Wells House, embodies the distinctive characteristics of the frame vernacular style of architecture; that the house was previously in deplorable condition; that the owners have done an excellent job in the restoration through desire and creativity and have developed the type of historic preservation project desired in the City; that the Historic Preservation Board unanimously voted to recommend historic designation of the structure located at 1743 Bay Street, which meets the following criteria listed under Section IV-806(A), Zoning Code (2002 Ed.): 4. Embodies distinctive visible characteristics of an architectural style/period, or method of construction On motion of Commissioner Atkins and second of Commissioner Servian, it was moved to set Historic Designation Application No. 03-HD-03 for public hearing. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Martin, yes; Servian, yes; Palmer, yes. On motion of Vice Mayor Martin and second of Commissioner Servian, it was moved to receive the report of the Historic Preservation Board of September 9, 2003. Motion carried unanimously (5 to 0): Atkins, yesi Bilyeu, yes; Martin, yes; Servian, yes; Palmer, yes. Vice Mayor Martin stated that the Luke Wood House and the Crocker Church are on the property in the area bounded by Sixth and Tenth Streets and Florida and Cocoanut Avenues which is being discussed for development as the Portofino project and asked if any discussion has occurred concerning possible relocation of the two historic structures? Mr. Hoglund stated that the Portofino project is in the preliminary stages of development; that discussions at the Staff level have been in general terms; that a meeting of the Development Review Committee was held the week of October 13, 2003; that the Portofino project and the future of the Luke Wood House and the Crocker Church were discussed; that thinking now about alternative locations for the two historic structures is a good idea; that several ideas have been presented; that the Project Team is aware of the necessity for finding a solution concerning the future of the Luke Wood House and the Crocker Church. Vice Mayor Martin stated that funding a Staff position for historic preservation was not possible in the FY 2003/04 budget; that Mr. Hoglund's efforts to assist in the area of historic preservation are appreciated; that the concern is to assure an opportunity for preservation of historic structures is not lost. Mr. Hoglund stated that the developers are aware of the City's interest and concern in reaching a good solution for the Luke Wood House and the Crocker Church; that reviewing other locations for possible relocation of the two historic structures may be required as part of the project review. Commissioner Bilyeu asked if the Crocker Church is for sale? BOOK 55 Page 26314 10/20/03 2:30 P.M. BOOK 55 Page 26315 10/20/03 2:30 P.M. Mr. Hoglund stated that a response is not known; that the site under discussion for the Portofino project includes property on which the Luke Wood House and the Crocker Church are located. Commissioner Servian stated that the developers are probably in negotiations with the owners. Mayor Palmer stated that the work of John Burg, Chief Planner, Planning and Redevelopment Department, who previously assisted with the Historic Preservation Board, is appreciated. 6. BOARD REPORT RE : CITIZENS WITH DISABILITIES ADVISORY BOARD' S REGULAR MEETING OF SEPTEMBER 19, 2003 - RECEIVED REPORT (AGENDA ITEM III-3) CD 2:48 through 2:53 Mary Ciner, Chair, Citizens with Disabilities Advisory Board, and Maggie Sumney, Manager of Employee Relations, came before the Commission. Ms. Ciner presented the following item from the September 19, 2003, Regular meeting of the Citizens with Disabilities Advisory Board: Audible Pedestrian Crossing Devices Ms. Ciner stated that approval of an amount not to exceed $5,000 is requested from the Handicap Parking Fine Fund to purchase eight audible pedestrian crossing devices for the intersection of Waldemere Street and Osprey Avenue; that a request for the devices was received from a resident in the area. Mayor Palmer stated that the difficulty of crossing the intersection at Waldemere Street and Osprey Avenue for a handicapped individual is understood; however, the cost is $5,000; that similar problems may exist elsewhere; and asked if the problem is also major for other visually impaired citizens and the reason the intersection of Waldemere Street and Osprey Avenue was selected rather than another location? Ms. Ciner stated that a resident requested the City install the devices; that Staff utilized the State guidelines in determining if the devices are warranted; that the resident has a seeing-eye dog; that the intersection may at times have no vehicles; that the resident assumes crossing the intersection is safe, reaches halfway to the other side, and vehicles begin approaching; that the devices will audibly indicate the traffic signal has changed, indicating crossing the intersection is safe. Ms. Sumney stated that the Florida Department of Transportation and Lighthouse for the Blind as well as County or City Engineering Staff, depending upon the location, must evaluate the necessity for audible devices; that the process to proceed with a request for audible devices is technical and detailed. Mayor Palmer stated that the intersection is near Sarasota Memorial Hospital so the requirement is understood; however, spending $5,000 on an intersection for one individual is a concern; that a need may justify the purchase; that the evaluation process assures the need exists, which was the reason for raising the concern. Ms. Ciner stated that frequently, no vehicles are in the area, followed shortly by a large number of vehicles, which causes the problem. Dennis Daughters, Director of Engineering/City Engineer, came before the Commission and stated that Staff had the same concern regarding the number of devices which may be required and the cost; that a detailed evaluation process was followed; that the need for the recommended audible devices meets every required criteria; that additional audible devices may be required elsewhere in the Cityi that the process was followed for the requested audible devices. Ms. Ciner stated that the resident lives two blocks from the intersection and utilizes the intersection frequently. Mayor Palmer stated that the rationale is understood. On motion of Vice Mayor Martin and second of Commissioner Servian, it was moved to receive the report of September 19, 2003, Regular meeting of the Citizens with Disabilities Advisory Board. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Martin, yesi Servian, yes; Palmer, yes. Mayor Palmer stated that the request to approve funding not to exceed $5,000 for audible pedestrian crossing devices for the intersection of Waldemere Street and Osprey Avenue will be presented under Consent Agenda No. 2, Item No. 2; therefore, BOOK 55 Page 26316 10/20/03 2:30 P.M. BOOK 55 Page 26317 10/20/03 2:30 P.M. action is not required at this time. City Auditor and Clerk Robinson stated that is correct. 7. BOARD REPORT RE: : CELEBRATE SARASOTA COMMITTEE MEETING OF OCTOBER 8, 2003 - ALLOCATED $275 FOR THE PHOTOGRAPHIC HISTORICAL EXHIBITION DOCUMENTING THE HISTORY OF SARASOTA FOR DISPLAY AT THE WESTFIELD PLAZA AND THE BALANCE OF $944.05 PLUS ANY FUNDS REMAINING FROM THE RELOCATION OF THE TIME CAPSULE TO THE HISTORICAL SOCIETY OF SARASOTA COUNTY FOR A KIOSK IN THE CITY OF SARASOTA FEDERAL BUILDING, UP TO THE COST OF THE KIOSK AND SUBJECT TO THE REAPPROPRIATION OF THE FUNDS (AGENDA ITEM III-4) CD 2:53 through 3:04 William Thorning Little, Chair, Celebrate Steering Committee (Committee), came before the Commission; stated that the Hands of Heritage Multicultural Festival culmination of events for the City's 100th Year Anniversary including the October 17, 2003, event at the Van Wezel Performing Arts Hall and the October 18, 2003, event at Robarts Arena was excellent; and presented the following item from the October 8, 2003, Celebrate Sarasota Committee meeting: Funding Recommendations Mr. Little stated that the Committee unanimously approved a funding request in the amount of $275 from the Historical Society of Sarasota County for a photographic historical exhibition documenting the history of Sarasota for display at the Westfield Plaza, formerly known as the Southgate Plaza; that additional requests were received for funding from the Celebrate Sarasota Fishing Tournament to help offset the charge for permit fees and from the Hands of Heritage Multicultural Festival to offset additional costs; that the Fishing Tournament previously received funding in the amount of $3,400; that the Hands of Heritage Multicultural Festival previously received funding in the amount of $31,000; that the Committee recommends funding be approved in the amount of $275 for the photographic historical exhibition, $500 for the Hands of Heritage Multicultural Festival, and $400 for the Fishing Tournament subject to reappropriation of the funds from fiscal year (FY) 2002/03 to FY 2003/04; that a balance of $1,219.05 currently remains prior to the additional expenditures; that the time capsule previously discussed for relocation to the City of Sarasota Federal Building has been located at the Phillippi Cemetery under a sidewalk; that the time capsule will be moved from the current site to the City of Sarasota Federal Building at a previously approved location with a plaque on the wall; that some funds should remain from the $2,500 allocated for the relocation of the time capsule; and quoted the minutes of the October 8, 2003, Committee meeting concerning the allocation of any remaining funds as follows: any funds remaining . will be split 60 percent to the Hands of Heritage Multicultural Festival and 40 percent to the Fishing Tournament. Mr. Little stated that the time capsule will be relocated in the next couple of months; that the funds will be returned to the City if not required by the Hands of Heritage Multicultural Festival or the Fishing Tournament. City Auditor and Clerk Robinson stated that Finance Staff will present to the Commission a proposed Resolution reappropriating unused FY 2002/03 funds for FY 2003/04; that any motion concerning use of the funds would be subject to the reappropriation. Commissioner Servian asked if the organizations which received funding will provide a report? City Auditor and Clerk Robinson stated that 50 percent of the reports have been received; that the reports will be furnished to the Commission once all are received. Commissioner Servian stated that the Hands of Heritage Multicultural Festival received significant funding from sponsors; that the concern is to assure an audit of the funding provided is conducted. City Auditor and Clerk Robinson stated that funds have already been distributed to Hands of Heritage and the Fishing Tournament; that the funded organizations are to provide an accounting of the use of the funds. Mayor Palmer stated that the amount of remaining funds is not significant; that the Historical Society of Sarasota County has a kiosk in the City of Sarasota Federal Building; that funds are not available to complete the project; that the hope was any remaining funds could be utilized to complete the kiosk project, which began as a project for the 100th Year Anniversary celebration; that the Historical Society of Sarasota County did BOOK 55 Page 26318 10/20/03 2:30 P.M. BOOK 55 Page 26319 10/20/03 2:30 P.M. not previously receive the full amount of funding requested for the kiosk; and asked if the Committee discussed allocating additional funds to the kiosk? Mr. Little stated that the kiosk was discussed at length at several meetings; that additional funding for the kiosk is personally supported; however, providing additional funding for the kiosk was not included in the vote concerning recommended use of the remaining funds. Mayor Palmer stated that approximately $900 will remain from the funding allocated for the 100th Year Anniversary celebration, would not be a significant amount for the Hands of Heritage or the Fishing Tournament, but would represent a significant amount to complete the kiosk; that some of the funds should be allocated to the kiosk; that use of the funds is a Commission decision. On motion of Commissioner Bilyeu and second of Commissioner Atkins, it was moved to allocate any remaining funds to the Historical Society for Sarasota County to complete the kiosk project in the City of Sarasota Federal Building. Mayor Palmer stated that $275 is being requested for the photographic historical exhibition documenting the history of Sarasota for display at the Westfield Plaza; that the balance of $944.05 plus any funds remaining from the relocation of the time capsule up to the total cost of the kiosk would be allocated to the Historical Society of Sarasota County. Commissioners Bilyeu as the maker of the motion, with the approval of Commissioner Atkins as the seconder, stated that the allocation as indicated by the Mayor is the intent of the motion. City Auditor and Clerk Robinson stated that the allocation is subject to reappropriation of the funds. Mayor Palmer stated that is correct. Vice Mayor Martin asked if the Hands of Heritage and the Fishing Tournament are in debt and require the funds? Mr. Little stated that at the time of the Committee's vote, a question existed as to if the Hands of Heritage and the Fishing Tournament would meet established budgets; that a final tally would be required to make a determination but has not yet been received; that recently, considerable community financial support was received to assist both the Hands of Heritage and the Fishing Tournament; that the final costs have not yet been calculated. Commissioner Bilyeu asked the amount of remaining funds? Mayor Palmer stated that approximately $900 remains from the initial allocations plus any amount remaining from the relocation of the time capsule, which was allocated $2,500 but is not anticipated to cost the full amount. Commissioner Servian stated that changing the amount recommended by a committee which deliberated and reached a unanimous decision concerning allocation of funds is not comfortable; that reallocating the amount to an organization which did not request the funds is a concern. Mayor Palmer stated that the Historical Society of Sarasota County requested the funds. Commissioner Servian stated that the Historical Society of Sarasota County requested the funds earlier in the process; that a final tally should be received from Hands of Heritage and the Fishing Tournament prior to the Commission's taking any action. Vice Mayor Martin agreed; and stated that continuing a vote on the motion until a final tally is received would be best, with due respect to the Committee's action. Mayor Palmer restated the motion as to allocate $275 for the photographic historical exhibition documenting the history of Sarasota for display at the Westfield Plaza and the balance of $944.05 plus any funds remaining from the relocation of the time capsule to the Historical Society of Sarasota County for a kiosk in the City of Sarasota Federal Building, up to the cost of the kiosk and subject to the reappropriation of the funds and called for a vote on the motion. Motion carried (3 to 2): Atkins, yes; Bilyeu, yes; Martin, no; Servian, no; Palmer, yes. Mayor Palmer stated that the hard work of the Celebrate Sarasota Committee members is appreciated; that some difficulties were encountered in the beginning; however, the continuing work effort was extraordinary; that the efforts of Billy Robinson, City Auditor and Clerk, and Gail Loeffler, Administration BOOK 55 Page 26320 10/20/03 2:30 P.M. BOOK 55 Page 26321 10/20/03 2:30 P.M. Assistant, who were the key people on Staff, are also appreciated; that everyone in the Office of the City Auditor and Clerk who worked on the 100th Year Anniversary celebration did an excellent job. Mr. Little stated that on behalf of the Committee, the special honor to serve the Commission is appreciated. 8. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 3, 4, 5, AND 6 APPROVED (AGENDA ITEM IV-A) CD 3:04 through 3:05 1. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Release of reverter rights with regard to 650 Central Avenue 2. Approval Re: Authorize the administration to negotiate and the City Attorney to prepare a contract, for approval at a future date between the City of Sarasota and Kraft Construction for the design and construction of the City's portion of the First Street Streetscape 3. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Second Amendment to Agreement for Disaster Recovery Assistance between the City of Sarasota and Grubbs Emergency Services, LLC, to extend the term of the agreement for the first of two additional one year periods and modify the insurance language 4. Approval Re: Addition of a Plans Examiner position to the Building, Zoning and Code Enforcement Department Table of Organization 5. Approval Re: Authorize the City Auditor and Clerk to execute the First Amendment to Baseball Facility Lease Agreement between the City of Sarasota and The Cincinnati Reds, LLC, formerly The Cincinnati Reds L.P., which provides for the Reds to assume the landscape and mowing responsibilities at the Sports Complex and provide the procedure for the purchase of new grounds equipment 6. Approval Re: Settlement of pending litigation in the case of George Schwendeman, as personal representative of the Estate of Zoe Schwendeman, deceased, V. City of Sarasota, Florida, Circuit Court Case No. 2002 CA 11278 NC On motion of Vice Mayor Martin and second of Commissioner Servian, it was moved to approve Consent Agenda No. 1, Item Nos. 1 through 6, inclusive. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Martin, yes; Servian, yes; Palmer, yes. 9. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 03R-1660) ADOPTED; ITEM 2 (RESOLUTION NO. 03R-1663) = ADOPTED ; ITEM 3 (RESOLUTION NO. 03R-1665) = ADOPTED ; ITEM 4 (RESOLUTION NO. 03R-1666) = ADOPTED; ITEM 5 (RESOLUTION NO. 04R-1669) - ADOPTED; ITEM 6 (ORDINANCE NO. 03-4461) = ADOPTED; ITEM 7 (ORDINANCE NO. 03-4488) ADOPTED ; AND ITEM 8 (ORDINANCE NO. 03-4503) - ADOPTED (AGENDA ITEM IV-B) CD 3:05 through 3:10 1. Adoption Re: Proposed Resolution No. 03R-1660, accepting abatement of nuisance and cost reports pertaining to the removal of accumulations of junk, rubbish, trash or other offending matter; directing the assessment of a lien against all real or personal property owned by the violator for the amount stated therein; etc., (Title Only) 2. Adoption Re: Proposed Resolution No. 03R-1663, appropriating up to $5,000 from the unappropriated fund balance of the Handicap Parking Fine Fund (112) to fund the purchase of eight audible pedestrian crossing devices; etc. 3. Adoption Re: Proposed Resolution No. 04R-1665, appropriating up to $10,000 from the unappropriated fund balance of the General Fund to fund an appraisal and advertising of the Palm Avenue property for redevelopment. These funds will be repaid when the first ranked developer presents a non-refundable development deposit; etc. 4. Adoption Re: Proposed Resolution No. 04R-1666, appropriating up to $63,601 from the unappropriated fund balance of the General Fund to fund an additional plans examiner position in the Building, Zoning and Code Enforcement Department because the building permit fees for 2002-03 were $495,132 more than projected at the budget workshop in July 2003; etc. BOOK 55 Page 26322 10/20/03 2:30 P.M. BOOK 55 Page 26323 10/20/03 2:30 P.M. 5. Adoption Re: Proposed Resolution No. 04R-1669, amending the Personnel Rules and Regulations for the General Personnel System to provide for an updated Rule 8.12, Compensatory Time Off for Exempt Employees, to allow exempt employees to earn additional compensatory time during a fiscal year, as long as the total balance does not exceed 80 hours; etc., (Title Only) 6. Adoption Re: Proposed Ordinance No. 03-4461, amending Chapter 24, Article II, Division 2 of the Code of Sarasota; amending Section 24-48, Optional Forms of Benefits, to provide Firefighters the option to receive a partial lump sum distribution of benefits at the time of retirement; providing for severability of the parts hereof if declared invalid; providing for repeal of ordinances in conflict; etc., (Title Only) 7. Adoption Re: Proposed Ordinance No. 03-4488, amending Chapter 21, offenses, of the Sarasota City Code to create Section 21-7 regulating amateur boxing, kickboxing, or mixed martial arts events at premises that serve alcohol, are licensed to serve alcohol, or charge admission fees unless such events comply with specified rules and regulations; adopting by reference Sarasota County Ordinance No. 2003-064, as codified in Sections 10-1 through 10-11, inclusive, of the Sarasota County Code; providing for a finding that Sarasota County Ordinance No. 2003-064 is not in conflict with any City ordinance; providing for penalties; providing for the repeal of ordinances in conflict; providing for the severability of parts hereof if declared invalid or unenforceable; etc., (Title Only) 8. Adoption Re: : Proposed Ordinance No. 03-4503, amending previously adopted Ordinance No. 03-4442 which provided for the annexation of certain property located on the west side of Dearborn Avenue between Bee Ridge Road and Hansen Street into the corporate limits of the City of Sarasota, to provide that said Ordinance No. 03-4442 shall become effective and that said real property shall be annexed into the City of Sarasota upon the effective date of the ordinance which changes the Future Land Use Classification of the property to Community Commercial; etc., (Title Only) City Auditor and Clerk Robinson read proposed Resolution Nos. 03R-1660 and 04R-1669 and proposed Ordinance Nos. 03-4461, 03-4488, and 03-4503 by title only and proposed Resolution No. 03R-1663, 04R-1665, and 04R-1666 in their entirety. On motion of Vice Mayor Martin and second of Commissioner Bilyeu, it was moved to adopt Consent Agenda No. 2, Item Nos. 1 through 8, inclusive. Mayor Palmer requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Martin, yes; Palmer, yes; Servian, yes. 10. UNFINISHED BUSINESS: APPROVAL RE: AUTHORIZE THE CITY ATTORNEY TO PREPARE A LEASE AMENDMENT TO INCLUDE ANY POLICY DIRECTION (SPECIFIC REQUIREMENTS OR CONDITIONS) APPLICABLE TO THE PROPOSED ACCESSORY USES; THE FILING BY MOTE MARINE LABORATORY, INC. OF MAJOR CONDITIONAL USE, SITE PLAN AND G- ZONE WAIVER APPLICATIONS AND THE PREPARATION OF AN AMENDMENT TO DEVELOPMENT AGREEMENT FOR THE PROPOSED MARINE MAMMAL CENTER AND ADVERTISING OF A PUBLIC HEARING FOR DECEMBER 15, 2003, ON THE FOUR DEVELOPMENT APPROVAL APPLICATIONS AND LEASE AMENDMENT - DIRECTED THE ADMINISTRATION TO WORK WITH THE CITY ATTORNEY'S OFFICE TO DRAFT A LEASE AMENDMENT INCORPORATING CONCERNS OF THE COMMISSION, ; AUTHORIZED FILING THE MAJOR CONDITIONAL USE SITE PLAN, GOVERNMENTAL USE (G) ZONE DISTRICT WAIVER APPLICATIONS, AND PREPARATION OF AN AMENDMENT TO DEVELOPMENT AGREEMENT FOR THE PROPOSED MARINE MAMMAL CENTER, AND ADVERTISING A PUBLIC HEARING FOR DECEMBER 15, 2003, CONCERNING FOUR DEVELOPMENT APPROVAL APPLICATIONS (AGENDA ITEM VI-1) CD 3:15 through 4:03 Brenda Patten, Attorney, law firm of Kirk Pinkerton, came before the Commission and stated that on July 16, 2003, Mote Marine Laboratory, Inc. (Mote), submitted Development Approval Applications to the City to accommodate the expansion of the Ann and Alfred Goldstein Marine Mammal Center; that the Development Approval Applications were reviewed by the Development Review Committee (DRC) on October 15, 2003; that the Planning Board/Local Planning Agency (PBLP) will hold a public hearing concerning the Development Approval Applications on November 12, 2003; that the public hearing concerning the Development Approval Applications will be before the Commission at the BOOK 55 Page 26324 10/20/03 2:30 P.M. BOOK 55 Page 26325 10/20/03 2:30 P.M. December 15, 2003, Regular meeting; that approval of the expansion of the Marine Mammal Center or the accessory restaurant is not currently being requested; that Mote is requesting the City Attorney's Office prepare a draft amendment to the lease between Mote and the City; that the draft amendment will be presented to the Commission subsequent to the public hearings concerning the Development Approval Applications; that the Commission will receive a full presentation regarding the Mote Development Approval Applications, Staff comments, and public input on December 15, 2003; that the Commission will be in a better position to decide the terms of the lease amendment subsequent to the public hearing; that the reason for the current presentation is Sarah Schenk, Attorney, City Attorney's Office, determined the City should authorize the preparation of a lease amendment prior to public hearings; that Attorney Schenk's request can be satisfied by requesting the City Attorney's Office to prepare a draft lease amendment incorporating the conditions and approvals which have gone through the DRC processi that the Commission's authorization of the lease amendment between Mote and the City is necessary for presentation at the December 15, 2003, public hearing; that some speakers who signed up to speak indicated public comment will not be necessary as the presentation concerns only the request for the City Attorney's Office to prepare a draft lease amendment. Mayor Palmer stated that only a draft lease amendment will be addressed. Attorney Patten stated that is correct. The following people came before the Commission: Phillip Needs, owner, The Old Salty Dog restaurant, 7873 Saddle Creek Trail (34241), stated that Mote as a research facility is supported; however, allowing a restaurant on public property which does not generate tax revenue is unfair; that significant personal funds were expended to remodel The Old Salty Dog restaurant located on City Island; that the proposed Mote restaurant will have a full bar and 150 seats which will present difficult competition; that no objections would exist if Mote pays taxes and rent and does not compete with lunch traffic. Peter Smith, Vice President, Marine Max of Sarasota, LLC, (Marine Max), 1601 Ken Thompson Parkway (34236), stated that Marine Max of Sarasota is a tenant of the City; that The Old Salty Dog restaurant is a sub-tenant; that the proposed lease amendment imposes essentially no rent; that the understanding is Mote will be entitled to a total abatement of taxes associated with the property on which the restaurant will be operated; that Marine Max of Sarasota pays gross rent before credits for capital improvements of approximately $220,000 annually; that ad valorem taxes of approximately $71,000 are paid annually; that allowing an organization to compete without occupancy costs and real estate taxes is an unfair competitive advantage for The Old Salty Dog restaurant; that the City indicated evaluating future uses on City Island will be deliberate; therefore, the City should decide if another restaurant which will double the number of seats on City Island is appropriate; that the City should request bids if another restaurant is desired; that the City may reap the benefit of the value of the lease; that the City can make a financial contribution to Mote; that the value of the proposed lease with no rent at market base is approximately $2 to $3 million over the term of the lease, which is a significant amount of money to give awayi that Mote is sophisticated, talented, has a strong Board of Directors, many supporters, and a strong financial position; that the Commission is urged not to consider permitting a competitive advantage to an organization which is subsidized by taxes. V. Peter Schneider, Deputy City Manager, came before the Commission; referred to a September 23, 2003 memorandum, to the Administration included in the Agenda backup material and stated that the memorandum is to assist the Commission in providing Staff guidance in the manner to proceed with an amendment to the lease; that Mote has proffered to limit the use of the proposed restaurant to Mote members; that the hours of operation of the restaurant will be 9:00 a.m. to 6:00 p.m. on the days the aquarium is open. Vice Mayor Martin asked the lease terms with the Marina Jack restaurant (Marina Jack) to provide a comparison with the proposed Mote restaurant? City Attorney Taylor stated that the lease with Marina Jack is based on a. fair rate of return. Commissioner Servian asked if the lease with Marina Jack is based on gross receipts of the restaurant? City Attorney Taylor stated no; that basing the lease on gross receipts created auditing problems. BOOK 55 Page 26326 10/20/03 2:30 P.M. BOOK 55 Page 26327 10/20/03 2:30 P.M. Mayor Palmer stated that the Commission should decide if the City is interested in receiving remuneration from the Mote restaurant facility; that the direction to the City Attorney must be clear. Commissioner Atkins stated that a lease was negotiated with Marine Max which sublets property to The Old Salty Dog a restaurant less than one year ago with the understanding undue competition stress would not be created; that the lease is financially favorable to the City; that openly creating competition without some type of consideration for the previous lease agreement is unfair; that he is open to discussion regarding maintaining fairness. Commissioner Bilyeu stated that Downtown people approach him commenting negatively on Mattison's restaurant not paying rent; that Mote is a exceptional organization; that a restaurant would be a good asset and accessory use for Mote; however, fairness is important. Mayor Palmer stated that the Commission must make the policy decisions regarding remuneration; that details regarding remuneration must be worked out between Mote and the Cityi that a lease amendment is being addressed; that the quality of the Mote facility and the amenities Mote provides to the community is not being addressed. Mr. Schneider stated that Mote has proffered to limit the use of the restaurant to Mote members and guests; that various membership classifications allow admittance of various numbers of guests; that Staff can enforce the proffered restrictions regarding the number of guests. Mayor Palmer asked if a member is a person purchasing an admission ticket on a daily basis? Mr. Schneider stated that people can purchase a ticket on a daily basis; that people can purchase annual tickets; that the number of guests allowed is based on the contribution level. Commissioner Servian asked the maximum number of guests allowed? City Manager McNees stated that Mote Staff can best answer the Commission's questions. Mayor Palmer stated that Staff should investigate and negotiate the terms of the proposed lease amendment with regard to the restaurant. Vice Mayor Martin stated that the possibility of a loophole regarding membership is a concern; that, for example, a person hosted at an event in the Mote restaurant may be considered a member. Mayor Palmer stated that the understanding is the Commission's desire is to limit use of the proposed restaurant to Mote members and to clarify the definition of a member. City Manager McNees stated that policy direction concerning the Commission's limits for member use of the restaurant, if any, is requested. Mayor Palmer stated that membership requirements can be defined but can nevertheless be circumvented. Commissioner Atkins stated that the definition of a member can be provided but can easily be circumvented. Mayor Palmer stated that any restrictions on the hours of operation should be determined. Mr. Schneider stated that Mote has proffered limiting the hours of operation of the restaurant from 9:00 a.m. to 6:00 p.m. Mayor Palmer stated that special events are not included in the hours of operation for the restaurant proffered by Mote. Mayor Palmer stated that hearing the Commission's agreement, the proffer of the hours of operation for the restaurant from 9:00 a.m. to 6:00 p.m. is accepted. Mr. Schneider stated that the City partnered with the St. Armands Circle Association, the Commercial Landowners Association of St. Armands Circle, and the St. Armands Residents Association to develop special event guidelines for the use of St. Armands Circle and Ken Thompson Park at City Island; that Mote was included in the special event guidelines; that leaseholds on City Island are not included in the special event guidelines; that the Commission can determine if all events at City Island should be included in the special event guidelines. BOOK 55 Page 26328 10/20/03 2:30 P.M. BOOK 55 Page 26329 10/20/03 2:30 P.M. Vice Mayor Martin asked the specifics of the special event guidelines? Mr. Schneider stated that in January, February, March, and up through mid-April, no special events are allowed; that from mid- April through the end of May, one special event monthly is allowed; that no special event limit is imposed in June, July, August, and September; that one monthly special event is allowed in October, November, and December. Commissioner Servian stated that the intent is to prevent dramatic traffic bottlenecks; that the special event guidelines were developed as an outgrowth of the Landowners, Merchants, and Residents (LMR) Association; that all the leaseholders on City Island should be required to follow the special event guidelines; that all groups must be held to the same special event standards. Vice Mayor Martin stated that the view of requiring all leaseholders at City Island to follow the special event guidelines is understood; however, the concern is the possibility of limiting events historically held by the Sarasota Sailing Squadron, for example. Commissioner Servian stated that the Sarasota Sailing Squadron would not be impacted due to the time of year of the events sponsored. Mayor Palmer stated that any concerns or impact resulting from extending the special event guidelines to all leaseholders at City Island should be investigated. Mr. Schneider stated that the Sarasota Sailing Squadron holds two major events, which are believed to be over the Labor Day holiday and the Memorial Day holiday. Mayor Palmer stated that the possibility of extending the special events guidelines should be investigated. Attorney Patten raised a point of order from the audience, came forward, and stated that her previous comment indicating some speakers need not speak may have inadvertently deprived some individuals of due process rights; that the individuals have requested the opportunity to speak; that having inadvertently misled the individuals into not speaking is not a comfortable feeling. Mr. Schneider stated that the northern part of the Mote leasehold is near New Pass; that the proposed project will not involve construction all the way to the end of the leasehold; that a space of approximately 130 feet will exist between the end of construction and the seawall; that a question is if the open property should remain in the leasehold or revert to the City as part of Ken Thompson Park. Vice Mayor Martin asked for clarification of ownership of a ten- foot fenced-in area at the Mote facilities. Mr. Schneider stated that Staff is attempting to determine ownership of the ten-foot area and will have ownership information prior to executing a lease amendment. Commissioner Servian stated that the City should reclaim the open space. Mayor Palmer stated that parking elsewhere could be allowed by a variance to avoid covering additional green area with asphalt. Mr. Schneider stated that the purpose of requesting Mote to apply for a Governmental Use (G) Zone District waiver is to provide for parking in lieu of paving a portion of the leasehold; that adequate parking currently exists on the leasehold property; that Mote initially requested accommodations for additional surface parking; that unused green areas on the leasehold property should be returned to the control of the City. Vice Mayor Martin asked if existing parking at Ken Thompson Park will be shared? Mr. Schneider stated yes. Mayor Palmer stated that the Commission's consensus is to return control of unused property to the City. Timothy Litchet, Director of Building, Zoning and Code Enforcement, and Karin Murphy, Redevelopment Specialist, Planning and Redevelopment Department, came before the Commission. Mr. Litchet stated that Staff has been grappling with the issue of classifying the requested use; that the proffers of Mote render comfort in classifying the proposed restaurant as an accessory use; that a restaurant as a primary use would not be consistent with the current Future Land Use Classification. BOOK 55 Page 26330 10/20/03 2:30 P.M. BOOK 55 Page 26331 10/20/03 2:30 P.M. Ms. Murphy stated that Staff's intent is not to reduce open space; that the current parking lot on City Island is underutilized; that Mote has presented a master plan as part of a development agreement for long-term use. Mayor Palmer stated that with the Commission's agreement, the people who signed up to speak will be requested to come forward with comments, followed by comments by Attorney Patten. The following people came before the Commission: Forrest Rivinius, 3631 Bayou Circle (34228), deferred from speaking. Dr. Charles Manire, 4943 79th Avenue Drive East (34243), deferred from speaking. Julie Childers, Director of Education, Mote Marine Laboratory and Aquarium, 1600 Ken Thompson Parkway (34236), stated that the proposed restaurant is an educational forum to reach Mote visitors and not compete with other restaurants on City Island; that the restaurant will be correlated with Aquaculture and fisheries research. Dr. Randall Wells, Mote Marine Laboratory and Aquarium, 1600 Ken Thompson Parkway (34236), deferred from speaking. Attorney Patten came forward and stated that a concern is the comparison of restaurants; that The Old Salty Dog restaurant is a commercial restaurant operated under a commercial sublease from a commercial marina; that Mote is a not-for-profit marine science laboratory; that the rent paid by Mote is not dependent on restaurant receipts; that Mote will not sublease the restaurant, but rather hire an operator to run the restaurant; that proceeds of the restaurant after payment of operating costs will support Mote's scientific, academic, and educational programs; that for the City to take a portion of the proceeds for the operation of a not-for-profit organization will set a bad precedent; that the restaurant is an avenue to create a steady stream of income for Mote's not-for-profit activities. Vice Mayor Martin stated questions were raised requiring responses, that the desire is to assist Mote in becoming self- sufficient; that Mote is supported; that limitations on activities are a concern; that competition with private restaurants is also a concerni that generation of increased traffic is a concern; that a loophole in the definition of membership is a concern as a more intensive use may occur; that proposed language for a lease amendment would be required to alleviate concerns. Mayor Palmer stated that the Commission has provided good direction to the Administration concerning the several presented issues; that Mote is interested in moving the process forward; that delay at this time will create a problem for Mote; and asked if the Administration is comfortable with the direction provided, at least relating to the negotiations with Mote? Mr. Schneider stated yes; that the theme heard is the Commission is interested in assuring tight language without loopholes or unanticipated consequences in any lease amendment; that the Administration will keep the Commission's view in mind during negotiations. Mayor Palmer stated that all the issues presented were reviewed; that the Commission reached a consensus concerning the issues presented; that discussions can begin with Mote if the Administration is clear concerning the Commission's direction; and asked the Administration's recommendation. Mr. Schneider stated that the intent is to begin negotiations with Mote based on the direction provided by the Commission. Commissioner Servian stated that a fundamental concern is fairness; that one group should not have an advantage over others for special events; that an unfair competitive advantage of a restaurant of a leaseholder who will not pay rent or taxes over another leaseholder is a concern. On motion of Commissioner Servian and second of Commissioner Atkins, it was moved to direct the Administration to work with the City Attorney's Office to draft a lease amendment incorporating the expressed concerns of the Commission. Mayor Palmer stated that negotiations with Mote will be required; that no intent exists to undercut Mote; that the Mote organization is fabulous; that Mote provides wonderful amenities for the community. Vice Mayor Martin stated that Mote's proffer statement indicates Mote will furnish the City monthly a schedule of evening events; that an event of more than 400 people will require submission of BOOK 55 Page 26332 10/20/03 2:30 P.M. BOOK 55 Page 26333 10/20/03 2:30 P.M. a written request to the Administration; that 400 people is a large event; that the threshold should perhaps be lower. Mr. Schneider stated that the restaurant will seat 162 people; that the exhibit area will seat an additional 250 people; that a total of 412 people can be seated; that more people could be accommodated if seating is not provided in the exhibit area which is a concern of the Administration. Mayor Palmer stated that the terms of the lease amendment must be provided in writing for the Commission's consideration; that the legal representative for Mote indicated the Commission will likely be considering the Development Approval Applications at the December 15, 2003, Regular Commission meeting; and asked for clarification concerning the timing of the Commission's consideration of the Development Approval Applications and the lease amendment. Mr. Schneider stated that the legal representative for Mote indicated the intent is for the Commission to consider both the Development Approval Applications and the lease amendment at the December 15, 2003, Regular Commission meeting. Mayor Palmer called for a vote on the motion. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Martin, yes; Servian, yes; Palmer, yes. On motion of Commissioner Atkins and second of Commissioner Servian, it was moved to authorize filing the major conditional use, the site plan, the Governmental Use (G) Zone District waiver application, and preparation of an amendment to the Development Agreement for the proposed Marine Mammal Center, and advertise a public hearing for the December 15, 2003, Regular Commission meeting concerning the four Development Approval Applications. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Martin, yes; Servian, yes; Palmer, yes. 11. UNFINISHED BUSINESS: PRESENTATION RE: REQUEST FOR $20,000 TO HELP FUND THE FACILITATOR PROCESS TO FIND A FINANCIALLY FEASIBLE PROJECT (S) TO SUBMIT TO THE SARASOTA COUNTY SCHOOL BOARD FOR THE USE AND RENOVATION OF THE HISTORIC 1926 SARASOTA HIGH SCHOOL BUILDING DIRECTED THE ADMINISTRATION TO BRING BACK AN APPROPRIATION OF $20,000 FROM THE GENERAL FUND RESERVES TO SUPPORT THE EFFORTS OF THE SARASOTA HIGH SCHOOL NEW LIFE INITIATIVE FACILITATOR SELECTION COMMITTEE (AGENDA ITEM VI-2) CD 4:03 through 4:20 Mayor Palmer stated that the request is for $20,000 to help fund the facilitator process to find a financially feasible project or projects to submit to the Sarasota County School Board for the use and renovation of the historic 1926 Sarasota High School bullding. Charles Bailey, Jr., Chair, and Mollie Cardamone and Tom Luzier, Members, Community Foundation of Sarasota County, Sarasota High School New Life Initiative, came before the Commission. Attorney Bailey stated that a Facilitator Selection Committee is seeking to engage an architectural firm to act as a facilitator for a study of possible uses and renovations of the historic 1926 Sarasota High School building; that the request relates to the desire of the community to have a discussion regarding the future of the Sarasota High School building which is one of the most visible buildings in the City; that a first choice is for the Sarasota High School to remain as an educational venue; that an economic and viable use of the building must be determined; that the Sarasota County School District has seed funds for the purpose of hiring a facilitator and asked the Facilitator Selection Committee to formulate a process for selection of a facilitator; that the selected facilitator should have the qualifications of an architect due to the technical aspects of the evaluation; that substantial public input is anticipated; that a project budget is approximately $80,000; that a Request for Qualifications (RFQ) has been issued; that nine submittals of qualifications have been received from firms with historic preservation experience; that the selection of a firm will occur at the end of October 2003; that a diversity of funding is anticipated; that Sarasota County will be requested to contribute $20,000; that the William G. and Marie Selby Foundation (the Selby Foundation) will be requested to contribute $20,000; that a small request has been submitted to the National Trust for Historic Preservation; that significant public support is anticipated; that the hope is the City will participate by contributing; that the Sarasota High School building is deserving of preservation. Commissioner Servian asked if any universities with historic preservation majors were contacted? BOOK 55 Page 26334 10/20/03 2:30 P.M. BOOK 55 Page 26335 10/20/03 2:30 P.M. Attorney Bailey stated that a firm which has a sense of the community is preferred; that submissions were received from firms in Tampa and Fort Myers, Florida; that special emphasis was placed on local knowledge. Vice Mayor Martin stated that the University of Florida has an historical preservation program; that the local American Institute of Architects (AIA) may assist. Attorney Bailey stated that a firm can use a subcontractor out of the community for some element of the project; that avoiding the payment of travel expenses is a consideration. Mayor Palmer asked the AIA participation in the project? Attorney Bailey stated that free of charge services were received from Brad Gaubatz, President, of the local chapter of the AIA; that Mr. Gaubatz prepared the initial scope of the project and assisted with technical issues; that the project is a source of pride. Vice Mayor Martin asked the time the project will be presented to Sarasota County? Attorney Bailey stated the project will be presented to Sarasota County within the next two weeks. Vice Mayor Martin asked for clarification of the campaign to receive contributions from the public. Attorney Bailey stated that a fund was created at the Community Foundation of Sarasota; that a separate organization will not be created for thè project as the project will be completed in one year. Ms. Cardamone stated that the large network of Sarasota High School alumni, members of the Sarasota High School Foundation, and the individuals hosting the Grand Reunion for graduates of Sarasota High School through 1960 have been contacted; that members of the general public have been contacted; that Mayor Palmer has been very active in contacting individuals interested in preserving the City's heritage. Vice Mayor Martin asked if receiving a contribution from the Selby Foundation is anticipated? Attorney Bailey said yes. Vice Mayor Martin asked the source of funds if approved and if a conflict of interest exists as the Mayor is on the Facilitator Selection Committee? City Attorney Taylor stated that no conflict of interest exists. City Manager McNees stated that funds would be appropriated from the General Fund Reserves. On motion of Commissioner Servian and second of Commissioner Bilyeu it was moved to direct the Administration to draft an appropriation to be brought back for approval appropriating $20,000 from the General Fund Reserves to support the efforts of the Sarasota High School New Life Initiative Facilitator Selection Committee. Commissioner Servian stated that the efforts to preserve the Sarasota High School building are commended; that any opportunity to invest funds to preserve an historic building is good. Vice Mayor Martin stated that the motion is supported; however, during the fiscal year (FY) 2003/04 budget hearing, funds could not be allocated for an historic preservation Staff position; that the motion is supported as historic preservation is important. Mayor Palmer stated that the request is for a one-time expense; that the General Fund Reserves are for one-time non-recurring expensesi that a Staff member is an on-going expense; that the hope is in the future an historic preservation Staff position will exist. Mayor Palmer called for a vote on the motion. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yesi Martin, yes; Servian, yes; Palmer, yes. 12. UNFINISHED BUSINESS : REPORT RE: AUTHORIZE THE ADMINISTRATION TO INFORM FDOT THAT THE COMMISSION REQUESTS THE MID-BLOCK CROSSING ON U.S. 41 SOUTH OF PATTERSON DRIVE REMAIN, PENDING FDOT STUDY FOR APPROPRIATE RELOCATION AUTHORIZED THE ADMINISTRATION TO INFORM THE FDOT THE CITY DESIRES RETAINING THE TRAFFIC SIGNAL AT THE CURRENT MID- BLOCK LOCATION PENDING FDOT STUDIES FOR APPROPRIATE RELOCATION (AGENDA ITEM VI-3) CD 4:20 through 4:30 BOOK 55 Page 26336 10/20/03 2:30 P.M. BOOK 55 Page 26337 10/20/03 2:30 P.M. Mayor Palmer stated that the request is to authorize the Administration to inform the Florida Department of Transportation (FDOT) the Commission requests the mid-block crossing on US 41 south of Patterson Drive remain, pending FDOT study for appropriate relocation. Dennis Daughters, Director of Engineering/City Engineer, came before the Commission and stated that on July 21, 2003, at Staff's recommendation the Commission authorized Staff to send a letter to the FDOT requesting the removal of the traffic signal on US 41 south of Patterson Drive; that Staff received direction from FDOT on August 12, 2003 for "bagging", or covering, the signal lights and placing informational signage at the intersection; that after an evaluation period of 30 days, which includes public input, the FDOT will determine if the signal should be permanently removed; that to date two telephone calls, one e-mail, and three letters from the public have been received favoring retaining the signal; that a one-day, ten-hour pedestrian count was conducted on North Tamiami Trail from Dr. Martin Luther King, Jr., Way (Dr. MLK Way) to Myrtle Street indicated a total of 144 individuals crossed the intersection; that of the 144 individuals crossing, two adults crossed accompanying one child each; that only four bicycle accidents have occurred in the study area in the past five years. Mr. Daughters continued that based on the initial request to FDOT, the public input, the pedestrian count, and the accident count, Staff formulated four prioritized alternatives: 1. Move the signal to Patterson Drive and fully signalize the intersection; 2. Move the signal to 32nd Street and fully signalize the intersection; 3. Leave the signal at the current mid-block location pending FDOT study for appropriate relocation; and 4. Completely remove. Mr. Daughters further stated that Staff met with FDOT staff on October 9, 2003, to discuss the alternatives and FDOT offered the following: A. Alternatives 1 and 2 will only be viable if the traffic signal warrants are met; B. FDOT will perform a variety of studies evaluating the entire corridor from Dr. MLK Way to Myrtle Street on US 41 within the next 30 to 60, days prior to the end of December 2003. Mr. Daughters referred to a letter dated October 20, 2003, to Mr. Daughters from Donald Cashdollar, Jr., P.E., Assistant District Traffic Operations Engineer, Florida Department of Transportation (FDOT), indicating the FDOT will conduct the following: 1. A turning movement count and a delay study to determine if the intersections warrant the traffic signal; 2. A pedestrian gap analysis at the existing crosswalk location; 3. Pedestrian counts along US 41 from Dr. MLK Way to Myrtle Street; and 4. A spot speed study. Mr. Daughters stated that the FDOT discussed the possibility of highlighting the crosswalk with in-pavement lights; that the FDOT will give consideration to installing in-pavement lights. Mr. Daughters continued that the Administration recommends a motion to authorize the Administration inform the FDOT the City desires retaining the traffic signal at the current mid-block location pending FDOT studies for appropriate relocation. On motion of Commissioner Atkins and second of Commissioner Bilyeu, it was moved to authorize the Administration to inform the Florida Department of Transportation the City desires retaining the traffic signal at the current mid-block location pending FDOT studies for appropriate relocation. Vice Mayor Martin asked if the traffic signal must remain bagged? Mr. Daughters stated that the signal must remain bagged until a decision is made by the FDOT. Commissioner Servian stated the possibility of installing in- pavement lights is addressed; and asked if the FDOT or the City would install the lights? BOOK 55 Page 26338 10/20/03 2:30 P.M. BOOK 55 Page 26339 10/20/03 2:30 P.M. Mr. Daughters stated that the answer is not known; that Staff would encourage the FDOT to finance any pedestrian traffic signals. Commissioner Servian stated that many pedestrian locations exist which would benefit from in-pavement lighting. Vice Mayor Martin stated that the concern is the crosswalk is mid- block; that safety should be enhanced. Mayor Palmer stated that the City is looking for improved pedestrianization of the Cityi that future development on US 41 will result in more pedestrian-friendly access across US 41; that Staff's suggestion to retain the traffic signal is good. Vice Mayor Martin stated that the language on the bagged signals does not include a reference to a pubic comment or evaluation period. Mr. Daughters stated that is correct; that no official language is provided for signage for the bagged signals; that FDOT indicates the signage should indicate the reason for the bagged signals; that Staff did not think to add the time of the comment period. Vice Mayor Martin stated that indicating the evaluation period and the interest in public comment is important for future reference. Mr. Daughters stated that comments were not anticipated; therefore, Staff was surprised by the comments received; that the signal is for the benefit of the Bay Haven School of Basics Plus, which previously supported and continues to support removal of the signal; that Staff was of the opinion the procedure followed was correct but has since learned some residents are opposed to removal. Commissioner Bilyeu stated that perception is reality; that schools such as Bay Haven School of Basic Plus and Pine View Elementary School attract people into neighborhoods; that retaining the signal is supported. Mayor Palmer called for a vote on the motion to authorize the Administration to inform the Florida Department of Transportation the City desires to retain the traffic signal at the current mid-block location pending FDOT studies for appropriate relocation. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Martin, yesi Servian, yes; Palmer, yes. On motion of Commissioner Servian and second of Commissioner Atkins it was moved to extend the meeting beyond the 4:30 p.m. deadline to complete the Agenda. Motion carried (4 to 1): Atkins, yes; Bilyeu, yes; Martin, no; Servian, yes; Palmer, yes. 13. UNFINISHED BUSINESS : APPROVAL RE: AUTHORIZE STAFF TO PLACE THE CITY OWNED PROPERTIES IN CATEGORY 1 UNDER THE CONTROL OF THE SARASOTA HOUSING AUTHORITY AND TO NOTIFY THE HOUSING AUTHORITY THAT THE PROPERTIES IN CATEGORY 2 AND 3 WILL NOT BE TRANSFERRED TO THE HOUSING AUTHORITY - APPROVED (AGENDA ITEM VI-4) CD 4:30 through 4:38 Mayor Palmer stated that the request is to authorize Staff to place the City owned properties in Category 1 under the control of the Sarasota Housing Authority (SHA) and to notify the SHA the properties in Categories 2 and 3 will not be transferred to the SHA. City Manager McNees stated that the SHA requested a number of City owned properties be made available to the SHA for development purposes to allow leveraging for the Housing Opportunities for People Everywhere (HOPE) VI grant application; that Staff reviewed the properties and divided the properties into three categories as follows: Category 1 properties which can be placed under the control of the SHA immediately Category 2 properties which cannot be under the control of the SHA for reasons such as the existence of City wells and control of the wells cannot be relinquished Category 3 properties which could be made available to the SHA but are among the few City assets which could be utilized for the City of Sarasota-Newtown Comprehensive Redevelopment Plan Through 2020 (Newtown Plan) City Manager McNees referred to the October 20, 2003, memorandum in the Agenda backup material indicating the property classifications as follows: BOOK 55 Page 26340 10/20/03 2:30 P.M. BOOK 55 Page 26341 10/20/03 2:30 P.M. Category 1 Properties: 1563 23rd Street 1680 23rd Street 1577 24th Street 1865 24th Street 1543 25th Street 2425 Central Avenue 1384 Dr. Martin Luther King, Jr. (Dr. MLK) Way 2511 Links Avenue Category 2 Properties: 1750 17th Street Human Services Center 1461 21st Street Well #6 1339 23rd Street Well #5 1362 32nd Street water transmission and sewer line on lot 3530 Bradenton Road Fire Station #4 2726 Maple Avenue Under Contract to Greater Newtown 3403 Osprey Avenue Under Contract with GoodHomes 2011 Panama Drive Well #4 Category 3 Properties: 1174 Myrtle Street Potential stormwater retention site for Myrtle Street widening 1280 Myrtle Street Potential stormwater retention site for Myrtle Street widening 1742 Dr. MLK Way Helen R. Payne Daycare Center which has a lease through 2008 1782 Dr. MLK Way Newtown Substation and Redevelopment Office. Staff believes the property is important for the overall development of Dr. Martin Luther King, Way 1825 Dr. MLK Way Parking lot constructed three years ago with Community Development Block Grant (CDBG) funds. 2524 Cocoanut Avenue Purchased with CDBG funds for parking at the Dr. MLK Park transferring the property could result in a shortage of parking at the Park. City Manager McNees stated that the SHA is interested in the properties of the Helen R. Payne Daycare Center and the Newtown Substation and Redevelopment Office as a possible exchange; that Staff is recommending the City retain the parking at Dr. MLK Park; that the exact mechanism for transferring the properties to the SHA must be determined; that Staff recommends a reverter be built into the transfer to ensure the City will be protected if the SHA does not use the transferred properties as leverage for the HOPE VI grant application. Vice Mayor Martin asked the certainty the non-transferred properties could be used as leverage for the HOPE VI grant? City Manager McNees stated that the SHA is not necessarily considering all the Dr. MLK Way commercial properties as direct leveraging opportunities; that the SHA is more interested in Newtown redevelopment; that the commercial properties on Dr. MLK Way should be retained in the City's control; that receiving credit for some projects is anticipated. Vice Mayor Martin stated that a significant amount of leverage, good will, and capital is important for the HOPE VI grant application. City Manager McNees stated that the City will attempt to gain every possible leverage for the HOPE VI grant application. Commissioner Atkins asked the location of the property designated for additional parking at Dr. MLK Park? City Manager McNees stated that the existing parking lot is being addressed; that the recommendation is to retain the parking lot. Commissioner Atkins stated that a significant number of people have petitioned for the Dr. MLK Park parking lot; that ownership of the parking lot should not be transferred. Mayor Palmer stated that hearing no objections, the consensus is the property at Dr. MLK Park will not be transferred to the SHA. On motion of Commissioner Atkins and second of Commissioner Servian, it was moved to place, the City owned properties in Category 1 under the control of the Sarasota Housing Authority and to notify the Sarasota Housing Authority the properties in Categories 2 and 3 will not be transferred to the Sarasota Housing Authority. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Martin, yes; Servian, yesi Palmer, yes. 14. UNFINISHED BUSINESS: DISCUSSION RE : CAPITAL IMPROVEMENT BUDGET OF THE ST. ARMANDS CIRCLE BUSINESS IMPROVEMENT DISTRICT - DIRECTED THE ADMINISTRATION TO BRING THE REQUEST BOOK 55 Page 26342 10/20/03 2:30 P.M. BOOK 55 Page 26343 10/20/03 2:30 P.M. OF THE ST. ARMANDS BUSINESS NEIGHBORHOOD IMPROVEMENT DISTRICT FOR REIMBURSMENT OF $85,000 IN CAPITAL IMPROVEMENTS TO THE COMMISSION FOR CONSIDERATION DURING THE FISCAL YEAR 2004/05 BUDGET (AGENDA ITEM VI-5) CD 4:38 through 4:50 Mayor Palmer stated that the Board of Directors for the St. Armands Special Business Neighborhood Improvement District has requested the Commission consider paying back the St. Armands Special Business Neighborhood Improvement District $85,000 for certain capital expenditures. City Manager McNees stated that the Board of Directors for the St. Armands Special Business Neighborhood Improvement District has requested the Commission consider repaying $85,000, which represents reimbursement for one-half of the capital expenditures of $125,000 for the budgeted neckout at St. Armands Circle toward Lido Beach, engineering fees expended in fiscal year (FY) 2002/03, and a crosswalk at $45,000, which total $170,000; that the Board of Directors has requested repayment over two years at $42,500 per year beginning in FY 2004/05. City Manager McNees continued that a future Commission cannot be obligated financially; that the request must be deliberated during the FY 2005/06 budget hearings; that the Commission indicated the request will be placed on a future Agenda for discussion; that the Commission can only indicate philosophically a willingness to consider an allocation during the appropriate budget considerations. Commissioner Servian stated that the request is supported as significant discussion and verbal commitments were made to the merchants and landowners at St. Armands Circle regarding assistance with half the expenditures; however, City funds were not appropriated during the budget process; that the St. Armands Special Business Neighborhood Improvement District is requesting the City live up to the commitment by a repayment in as short a period of time as possible, which is only fair. Vice Mayor Martin stated that the City's advancing funds or the St. Armands Special Business Neighborhood Improvement District's borrowing funds creates a debt which will require repayment, reducing the opportunity to complete actual projects; that creating the requirement for debt service is a philosophical consideration; that the concern is borrowing in advance of receiving tax revenuesi that the assumption of debt results in the requirement to use future tax funds to service debt rather than to construct new projects; and asked the Administration's view? City Manager McNees stated that a concern was previously expressed to the Board of Directors of the St. Armands Special Business Neighborhood Improvement District and the Commission regarding the borrowing of funds for immediate use; that the result could be the St. Armands Special Business Neighborhood Improvement District is placed in the position of having no funds left after paying the debt service; that the Commission has already approved a portion of the assumption of debt; that the remaining question is if the Commission is willing to repay funds borrowed from the private sector on behalf of the St. Armands Special Business Neighborhood Improvement District over the next two years; that the Commission has already addressed the philosophical question. Vice Mayor Martin stated that the philosophical question continues as a concern; that the Commission will consider the request for repayment during the FY 2004/05 budget process. City Manager McNees stated that is correct; that the St. Armands Special Business Neighborhood Improvement District is indicating the Commission already promised FY 2004/05 budget consideration, which is arguable; that an affirmative answer to the request at this time should mean a near certainty for approval during FY 2004/05 budget consideration; that a negative response should be provided at this time if the Commission's preference. Vice Mayor Martin stated that the list of items considered during the FY 2003/04 budget process was lengthy; that many items were not funded. City Manager McNees stated that an argument is being made neither in favor nor against the request; however, an affirmative response at this time raises expectations. Mayor Palmer stated that a personal reluctance exists to making promises for expenditures in advance; however, the funds are being collected from property owners in the St. Armands Special Business Neighborhood Improvement District to pay for improvements; that a commitment was made to raise funds to offset costs for projects the City cannot fund; that a concern is subsequently returning to the City to partially fund the improvements; that the City encourages installation of neckouts BOOK 55 Page 26344 10/20/03 2:30 P.M. BOOK 55 Page 26345 10/20/03 2:30 P.M. for safety, which is the most significant issue; therefore, the request is supported; that the Commission must give direction indicating the request is being seriously considered, while recognizing an absolute commitment cannot be made. Commissioner Servian stated that during the FY 2003/04 budget process, the Commission allowed the St. Armands Special Business Neighborhood Improvement District to lend the Commission funds to construct the projects; that the Commission should indicate the intent to repay the St. Armands Special Business Neighborhood Improvement District; that not to do SO, would be operating in poor faith; that representing the Commission took action to make a commitment to install a neckout was not intended; that consideration of installing a neckout was the result of conversations with Staff, neighborhood residents, etc., over years; that a tacit understanding existed the capital improvements would be made. On motion of Commissioner Servian and second of Vice Mayor Martin, it was moved to direct the City Manager bring the request of the St. Armands Special Business Neighborhood Improvement District to the Commission for consideration during the fiscal year (FY) 2004/05 budget. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yesi Martin, yes; Servian, yes; Palmer, yes. 15. ADDITIONAL CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM VIII) CD 4:50 There was no one signed up to speak. The Commission recessed at 4:50 and reconvened at 6:00 p.m. 16. COMMISSION PRESENTATION RE: PROCLAMATION DECLARING OCTOBER 2003 AS SUBSTANCE ABUSE PREVENTION MONTH (AGENDA ITEM IX-1) CD 6:00 through 6:01 Mayor Palmer requested that Lisa Phillips, Acting Executive Director of the Sarasota Coalition on Substance Abuse (SCOSA), join her and the Commission at the Commission table for the presentation and read in its entirety the Proclamation declaring October 2003 as Substance Abuse Prevention Month in the City. Ms. Phillips stated that the support of the Commission is appreciated; that individual Commissioners provide support in unique ways; that substance abuse either indirectly or directly affects everyone through financial situations or emotional toll; that the affects of substance abuse cannot be measured; that substance abuse is preventable which is good news; that the community must work together to make changes; that SCOSC has actively promoted substance abuse free environments for the past three years; that a high quality of life in Sarasota is the goal of sCOSC. Mayor Palmer stated that Dr. Roland Liebert, the former Executive Director of SCOSA, who recently passed away, is remembered and honored; that the work performed by SCOSA is wonderful and is appreciated. 17. COMMISSION PRESENTATION RE: PROCLAMATION DECLARING OCTOBER 24, 2003, AS UNITED NATIONS DAY (AGENDA ITEM IX-2) CD 6:02 through 6:06 Mayor Palmer referred to a Model of the United Nations displayed on the Chamber monitors and requested that Robert Coppenrath, President of the United Nations Association, and Dorothy Watson, 1st Vice President and Chair of United Nations Day, and the following members of the United Nations Association join her and the Commission at the Commission table for the presentation: Shirley Barnes, Paul Byrnes, Thomas Carlson, Javed Hafees, Pattie Laneir, Dr. Mohinder Jain, Thelma Sachs, Adesh Seuray. Mayor Palmer read in its entirety the Proclamation recognizing October 24, 2003, as United Nations Day in the Cityi and stated that the Model United Nations Security Council Simulation event being held on October 24, 2003, will be a wonderful educational tool for young people and for the entire community; that some of the Commissioners will be participating. Mr. Coppenrath stated that receiving the Proclamation is an honor; that the opportunity for the exposure is appreciated; that the Model United Nations Security Council Simulation event will be held on October 24, 2003, at Sudakoff Hall on the campus of New College of Florida (New College); that everyone is welcome to attend. BOOK 55 Page 26346 10/20/03 2:30 P.M. BOOK 55 Page 26347 10/20/03 2:30 P.M. Ms. Watson stated that the Model United Nations Security Council Simulation event will be a security council simulation; that the topic will be the Israeli/Palestinian conflict; that all the players will be key individuals from the community including a Commissioner and professors from local universities who will play the role of ambassadors attempting to resolve the conflict; that the public is invited to attend; that the role of the United Nations Association is to educate the public as to the manner in which the United Nations operates. Mayor Palmer referred to the Model United Nations advertisement and flag displayed on the Chamber monitors; and stated that everyone is proud of the United Nations; and thanked the representatives of the United Nations Association. 18. COMMISSION PRESENTATION RE: : HANDS OF HERITAGE FESTIVAL COMMITTEE (AGENDA ITEM IX-3) CD 6:06 through 6:15 Mayor Palmer stated that the Hands of Heritage Multicultural Festival was held on October 17 and 18, 2003, which was the culminating event for the celebration of the City's 100th Year Anniversary; that the Hands of Heritage Multicultural Festival Committee (Committee) was co-chaired by Chaplain Tom Pfaff and Stephania Feltz; that the event was unbelievable; and requested that Chaplain Pfaff, Ms. Feltz, and the following members of the Executive Committee come before the Commission to provide an overview of the event: Jennifer Wilson, Vicki Rollo, Reina Hc Phair, Jolley Siegwald, Danielle Glaysher-Cobian. Chaplain Pfaff stated that the event was wonderful; that 80 different ethnic based organizations were involved; that over 8,800 people participated in the two events; that on October 17, 2003, approximately 1,800 people assembled at the 1,700 seat Van Wezel Performing Arts Hall (VWPAH); that an overflow room was available for people to sit and enjoy the event via AccessSarasota, Channel 19 AccessSarasota) that 313 children participated in the event; that a fire alarm was accidentally activated during Guitarist Esteban's ballad and tribute to Elvis Presley which was the second time in history a fire alarm has been activated at the VWPAH; that the Fire Department indicated the fire alarm was activated by someone pulling a fire alarm box in the Grand Foyer; that the evacuation occurred in less than four minutes; that the Fire Department is not charging the City for the emergency call, which is good news; that the privilege of having the trust and support of the Commission is appreciated; that the October 17, 2003, event was outstanding and was $6.48 under budget. Ms. Feltz stated that the Proclamation declaring October 24, 2003, United Nations Day is remarkable timing since at the October 18, 2003, Hands of Heritage Multicultural Festival event everyone held hands and sang the song, "Let There Be Peace on Earth"; that people from 60 countries sang the song together; that over 7,000 people attended the event on October 18, 2003; that approximately 60 booths were set up inside Robarts Arena; that 15 booths were set up outside; that incredible art work from the youth of the City's Sister Cities was displayed; that storytellers performed throughout the day; that entertainment was provided by Reina Hc Phair; that constant entertainment from throughout the World was provided; that 45 people volunteered; that one young boy from the Ukraine came to visit the displays; that the young boy was an amputee; that a wheel chair was provided so the boy could enjoy the event; that a family flew in from India to attend the event; that the history of Hungary was provided by a group of Hungarians; that the day was awesome; and displayed a finished quilt made for the event of 24 blocks of 18 by 18 inch squares. Ms. Siegwald stated that a significant amount of support was received from many organizations; that posters, programs, stationery, letterhead, and passports were provided for children to enter booths; that the location of each Country visited at the event was marked on a national map given to the children which provided a good learning experience; that Sarasota Magazine was a sponsor for the event and provided an advertising spread of a brief history of Sarasota in the October 2003 issue; that the history of Sarasota was part of the event; that the event was the culminating celebration of the City's 100th Year Anniversary; and referred to promotional and marketing elements produced by the marketing team to advertise the event displayed on the Chamber monitors. Ms. Glaysher- Cobian stated that the vision for the quilt was to have a permanent product symbolizing people coming together which could be enjoyed by all; that the quilt has 24 blocks; that each interested person was to create an 18 by 18 inch BOOK 55 Page 26348 10/20/03 2:30 P.M. BOOK 55 Page 26349 10/20/03 2:30 P.M. finished quilt piece; that everyone gathered together on two occasions to quilt; that one of the 18 by 18 inch blocks is a reproduction of the painting "Calusa" by Sarasota artist, Ted Morris, who gave permission for the reproduction; that the quilt also displays blocks picturing early Sarasota including a Cuban fishermen; that Cuban fisherman visited Sarasota seasonally to catch fish and return to Cuba to sell the fish after the fish had been salted; that farm workers are displayed on a block as well as some early depictions of Main Street and the building of the Sarasota railroad; that people in the community gave heart felt love by creating and providing the quilt to the City; that the gift will hopefully be displayed at the VWPAH, the Chamber of Commerce, and libraries sO people can receive joy and be inspired by the quilt. Ms. Feltz stated that the opportunity to come before the Commission is appreciated; that on October 21, 2003, at Girls, Inc., a debriefing meeting as well as a potluck dinner will be held; that everyone is invited to attend; that the meeting will be fun. Mayor Palmer stated that the efforts of the Committee and all the volunteers and children participating in the events are appreciated; that the events have been held throughout the year; that a Hands of Heritage Multicultural Festival will be held annually in the future; that support will be necessary from the community to ensure the event continues on an annual basis; that the event was magnificent. Mayor Palmer requested that Deputy City Auditor and Clerk McGowan explain the public hearing sign-up process. Deputy City Auditor and Clerk McGowan stated that all persons wishing to speak at the public hearings are requested to complete a Request to Speak form; that speakers at the non quasi-judicial public hearings will have five minutes to speak; that speakers will be timed and will be advised when one minute remains; and repeated for the benefit of those present in the Chambers the Pledge of Public Conduct as adopted by the Commission as follows: We may disagree, but we will be respectful to one another. We will direct all comments to issues. We will avoid personal attacks. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by Deputy City Auditor and Clerk McGowan. 19. NON QUASI-JUDICIAL PUBLIC HEARING RE: : PROPOSED ORDINANCE NO. 03-4493, TO CONDITIONALLY VACATE THAT CERTAIN 15 FOOT WIDE PLATTED ALLEY WHICH RUNS FROM NORTH TO SOUTH LOCATED BETWEEN LOTS 5, 7, 9, 11, 13, 15 AND A PORTION OF LOT 17 ON THE WEST AND LOTS 6, 8, 10, 12, 14, 16 AND A PORTION OF LOT 18 ON THE EAST ALL IN BLOCK "D", NORTH AUDUBON PLACE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 54 OF THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA, SAID ALLEY BEING LOCATED APPROXIMATELY 100 FEET EAST OF AND PARALLEL TO AUDUBON PLACE COMMENCING AT APPROXIMATELY 100 FEET SOUTH OF THE SOUTHERLY RIGHT OF WAY LINE OF SIXTH STREET, ALL AS MORE PARTICULARLY DESCRIBED HEREIN; REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY IF ANY OF THE PARTS HEREOF ARE DECLARED INVALID; ETC. (TITLE ONLY) (APPLICATION NO. 03-SV-07, APPLICANT JOEL J. FREEDMAN, AICP, OF FREEDMAN CONSULTING GROUP I AS AGENT REPRESENTING S. S. SASQUATCH, LLC, A FLORIDA LIMITED LIABILITY CORPORATION, AND MANUEL BORREGO, / AS OWNERS) - PASSED ON FIRST READING WITH THE CHANGE TO INCLUDE THE REVERTER CLAUSE BEFORE SECOND READING (AGENDA ITEM XI-A-1) CD 6:18 through 6:26 Mayor Palmer stated that proposed Ordinance No. 03-4493 pertains to Street Vacation Application No. 03-SV-07; opened the public hearing; and requested that the Applicant come forward. Joel Freedman, AICP, Freedman Consulting Group, as agent representing S.S. Sasquatch, LLC, and Manuel Borrego, as owners, and Doug Driscoll, Architect for the project, came before the Commission. Mr. Freedman referred to a site plan of the project displayed on the Chamber monitors; and stated that the request is for approval to vacate an unimproved 15-foot wide platted alley located 100 feet east of Audubon Place, south of Sixth Street; that the request is to consolidate ownership of adjacent properties and to permit development of a community theater; that proposed Street Vacation Application No. 03-SV-07 is conditioned upon the issuance of a building permit for the Back Lot Theater described in Site Plan Application No. 03-SP-34; that on September 10, BOOK 55 Page 26350 10/20/03 2:30 P.M. BOOK 55 Page 26351 10/20/03 2:30 P.M. 2003, the Planning Board/Local Planning Agency (PBLP) held a public hearing and voted unanimously 5 to 0 to find proposed Street Vacation Application No. 03-SV-07 as incorporated in proposed Ordinance 03-4493 satisfies the Standards for Review in Section IV-1306, Zoning Code (2002 Ed.); that approval is subject to conditions the Applicant shall execute and record in the Official Records of Sarasota County utility easements for the right-of-way as follows: for maintaining and repairing any existing potable water, sanitary sewer, reuse water or stormwater facilities; in favor of Florida Power and Light Company (FPL) for maintaining and repairing any existing electric facilities; in favor of Verizon Florida for maintaining and repairing any existing telephone facilities; in favor of Comcast Cablevision of West Florida for maintaining and repairing any existing cable facilities; in favor of TECO/Peoples Gas Company for maintaining and repairing any existing gas facilities. Mr. Freedman stated that another condition is the issuance by the City of a building permit for the Back Lot Theater described in Site Plan Application No. 03-SP-34 as a condition precedent to the effective date of the street vacation; and continued that the alley has never been paved or used which is a test for public purpose; that vacation of the alley adjacent to the Sasquatch property will facilitate redevelopment of the former Cox Lumber yard site to allow a mix of uses to include a community theater; that the redevelopment is in the public interest; that the community theater is an excellent enhancement to the overall project; that a neighborhood meeting was held on August 11, 2003; that the Park East Neighborhood residents support the project and previously wrote a supporting letter for the street vacation. Mayor Palmer stated that the Applicant has indicated construction will be completed in time to host the Sarasota Film Festival in January 2004, which is an aggressive schedule. Mr. Driscoll stated that the project will realistically be completed between June and August 2004. Mayor Palmer requested that Staff come forward for the presentation. Mark Hess, Chief Planner, Planning and Redevelopment Department, came before the Commission. Mayor Palmer stated that the City will be losing Mr. Hess to the employ of the City of St. Petersburg, Florida; that the Commission and the Administration will miss Mr. Hess; and extended thanks for the outstanding work conducted for the City. Mr. Hess stated that working for the Commission and with Staff and having an opportunity to make Sarasota a better place to live has been an honor and a privilege. Mr. Hess referred to Section B, Zoning Code Requirements, part I, of the Staff Report included in the Agenda backup material which indicates the criteria for street or alley vacations of Section IV-1306, Standard for Review, Zoning Code (2002 Ed.), as well as the analysis of the Development Review Committee (DRC) and the PBLP for the criteria; and continued that Staff recommends the Commission pass proposed Ordinance No. 03-4493 on first reading. Mayor Palmer referred to paragraph F of proposed Ordinance No. 03-4493 as follows: A condition precedent to the effective date of the street vacation of the area of right-of-way . . shall be issued by the City of Sarasota of a building permit for the Back Lot Theater described in Site Plan Application No. 03-SP-34 .The street vacation shall be final and the certain portion of right of way described shall be closed, discontinued and vacated as of the date of recording Mayor Palmer continued that the City loses control of the alley once the building permit is issued; that the City should be protected until the time the Certificate of Occupancy is issued; that language should be included to protect the City if the project is not completed. City Attorney Taylor stated that specific language is normally included to protect the Cityi that at the time proposed Ordinance No. 03-4493 was prepared, the language was not included for some reason. Mayor Palmer stated that language should be added if the Applicant agrees. BOOK 55 Page 26352 10/20/03 2:30 P.M. BOOK 55 Page 26353 10/20/03 2:30 P.M. City Attorney Taylor stated that reverter language is a normal safeguard and should be included in proposed Ordinance No. 03-4493; that the reverter language should be placed in the proposed Ordinance between first and second reading; that the Applicant should have no problem with reverter language since the language protects the City if the project fails. Mayor Palmer stated that hearing the agreement of the Applicant from the audience, Staff is requested to include the reverter clause in proposed Ordinance No. 03-4493 between first and second reading. There was no one signed up to speak and Mayor Palmer closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 03-4493 by title only. On motion of Vice Mayor Martin and second of Commissioner Atkins, it was moved to pass proposed Ordinance No. 03-4493 on first reading with the change to include the reverter clause. Mayor Palmer requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Bilyeu, yes; Martin, yes; Palmer, yes; Servian, yes; Atkins, yes. Mayor Palmer requested that City Attorney Taylor explain the quasi-judicial public hearing process. City Attorney Taylor stated that the requirements of quasi-judicial public hearings were defined by the judicial processi that during quasi-judicial public hearings, the Commission will be required to base any decisions on competent, substantial evidence; that prior to opening the public hearing, Commissioners will be requested to disclose any ex parte Communications concerning the subject propertyi; that time limits will be established; that speakers may request additional time which, if granted, will be determined at the discretion of the Commission; that Applicants and the City will be afforded the opportunity to present evidence and expert witnesses and for cross-examination. Mayor Palmer stated that the Applicant concerning the Quasi- Judicial Public Hearing concerning proposed Ordinance No. 03- 4485, Agenda Item XI-B-1, is not present in the Commission Chambers; that Agenda Item XI-B-2 will be heard at this time; that Agenda Item XI-B-1 will be heard after Agenda Item XI-B-3. 20. QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 03-4490, TO REZONE PROPERTY LOCATED AT 225 COCOANUT AVENUE, 1234, 1240, 1250, 1258, 1266, 1270 AND 1276 FRUITVILLE ROAD, FROM THE RESIDENTIAL MULTIPLE FAMILY-5 (RMF-5) ZONE DISTRICT TO THE COMMERCIAL CENTRAL BUSINESS DISTRICT (C- CBD) ZONE DISTRICT TO ALLOW A PROPOSED RESIDENTIAL DEVELOPMENT CONSISTING OF *29 CONDOMINIUM UNITS; SAID DEVELOPMENT IS PROPOSED TO BE LOCATED AT THE SOUTHWEST QUADRANT OF FRUITVILLE ROAD AND COCOANUT AVENUE; APPROVING SITE PLAN APPLICATION NO. 03-SP-29 WHICH HAS BEEN PROFFERED AS A CONDITION OF THIS REZONING; PROVIDING FOR CONDITIONS OF THIS REZONING; ETC. (TITLE ONLY) (APPLICATION NOS. 03-RE- 16 AND 03-SP-29, APPLICANTS JOEL J. FREEDMAN, AICP AND STEPHEN D. REES, ESQ., AS AGENTS REPRESENTING ENTERPRISE ASSOCIATES OF SARASOTA, LLC, AS OWNER) - PASSED ON FIRST READING (AGENDA ITEM XI-B-2) CD 6:30 through 6:55 Mayor Palmer stated that proposed Ordinance No. 03-4490 pertaining to Application Nos. 03-RE-16 and 03-SP-29 is to rezone 0.81 acres located at 235 Cocoanut Avenue and 1234 through 1276 Fruitville Road and approve the associated site plan; opened the public hearing and requested that the Applicants, Joel Freedman, AICP, Stephen Rees, Esquire, as agents for Enterprise Associates of Sarasota, LLC, and Gary Hoyt, Project Architect, come before the Commission. City Attorney Taylor stated that with the Applicant's approval, the recommended time limits are seven minutes for the Applicant's presentation and five minutes for rebuttal and five minutes for the City's presentation and three minutes for rebuttal; that no one has filed for certification as an Affected Person; that other interested persons will have three minutes to speak. Mayor Palmer stated that hearing no objections, the recommended time limits are approved and requested that Commissioner ex parte communications, if any, be disclosed. Mayor Palmer, Vice Mayor Martin, and Commissioners Atkins, Bilyeu, and Servian stated that no ex parte communications have occurred. BOOK 55 Page 26354 10/20/03 2:30 P.M. BOOK 55 Page 26355 10/20/03 2:30 P.M. Attorney Rees stated that on September 10, 2003, the Planning Board/Local Planning Agency (PBLP) held a public hearing to consider the proposed rezoning and proffered site plan for The Fruitville/Cocoanut Residences, a four story, 29 unit residential condominium project; that the PBLP found the proposal consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), and voted unanimously 5 to 0 to recommend approval of both the rezoning and the proffered site plan subject to the tollowing conditions which are acceptable to the Applicant: A. The site plan and all related development and construction plans of the proposed Project shall be in compliance with those labeled "Fruitville/Cocoanut Residential" B. Prior to the removal of any trees on the rezoned property, the Applicants shall obtain a tree removal permit C. The Applicants may, but are not required to, construct the project in two phases D. Applicants shall submit a construction staging plan to the Director of Building, Zoning and Code Enforcement for approval Attorney Rees continued that the City's professional Staff reviewed Rezone Application No. 03-RE-16 and Site Plan Application No. 03-SP-29 and made favorable findings concerning concurrency, the existence of all essential facilities, and compliance with the Tree Protection Ordinance; that Rezoning Application No. 03-RE- 16 as incorporated in proposed Ordinance No. 03-4490 is to rezone 0.81 acres located at 235 Cocoanut Avenue and 1234 through 1276 Fruitville Road from the Residential Multiple Family 5 (RMF-5) Zone District which allows 25 units per acre to the Commercial Central Business District (CCBD) Zone District; that based on the Transportation Concurrency Analysis, the traffic impact is de minimis; that the rezoning to the CCBD Zone District will also manifest implementation of important principles in the City of Sarasota Downtown Master Plan 2020 (Downtown Master Plan 2020); that many elements of the Downtown Master Plan 2020 are embodied in the project design; that the project is exciting. Mr. Freedman referred to the Site Plan/Landscape Plan for the project displayed on the Chamber monitors; and stated that 29 units are proposed at the corner of Fruitville Road and Cocoanut Avenue; that the goal is to create an urban street front along both streets without allowing access from Fruitville Road or Cocoanut Avenue; that access on and off the site is from the alley which is a principle included in the Downtown Master Plan 2020; that units front along Fruitville Road and the alley; that a common pool area is included; that the project includes several small buildings rather than one long building; that the structures are not tall; that three living units are over parking; that units along the alley have garages on the first floor; that the interior units along Cocoanut Avenue have entrances off the interior courtyard area; that the site plan was modified to save a large oak tree, which will be internalized as an amenity of the project; that excess public right-of-way on Cocoanut Avenue will be landscaped and maintained for the City which will provide a nice view. Mr. Hoyt referred to graphic images of the project at the corner of Fruitville Road and Cocoanut Avenue displayed on the Chamber monitors; and stated that the 29 unit residential project is clustered in five buildings; that as proposed, the three easternmost buildings will be constructed first; that the other two buildings may be constructed simultaneously or will follow in a subsequent phase of the project; that the ground area is pedestrian oriented; that every area has a personal special entrance; that the project includes a significant amount of landscaping to create a nice entrance; that each unit will have two floors which will include a significant amount of glass; that a sense of outdoor living will be created on the roof topi that the glass has been segmented into a curved section on the front area along the street which provides an opportunity to view the active Downtown from inside the building; that an outside fireplace could be included on the roof top; that the top floor will truly be an outside room which is exciting; that the buildings will provide a sense of individual, residential ownership; that an image down the center lane of the internal street will be highlighted with landscaping; that several trellises will mark the separate buildings which will provide a nice scale for the internal street. Attorney Rees stated that the building height permissible in the existing RMF-5 Zone District is 90 feet; that the density for the 0.81 acre parcel is 40 units; that the proffered site plan shows the elevations of the buildings at 48 feet with 29 units; that the CCBD Zone District is presently the only Zone District BOOK 55 Page 26356 10/20/03 2:30 P.M. BOOK 55 Page 26357 10/20/03 2:30 P.M. providing flexibility for including this type of design in the Downtown core which is the primary reason for bringing forth the request for rezoning; that the hope is the Commission will find the project desirable and unanimously pass proposed Ordinance No. 03-4490 on first reading. Commissioner Servian stated that a significant amount of construction is taking place in the Downtown; that parking in the Downtown is a problem; and asked if all the construction equipment will be on site? Mr. Freedman stated that construction vehicles will be on site; however, construction parking will be addressed off site. Commissioner Servian asked the managing partners or owners of Enterprise Associates of Sarasota? Mr. Freedman stated that the managing partners were indicated in the application as originally submitted; that the names of the managing partners were inadvertently not included in the Agenda backup material. Attorney Rees stated that Enterprise Associates of Sarasota is a Florida Limited Liability Company (LLC) ; that the Managing Partner is Geoffrey Pflugner, Attorney, law firm of Icard, Merrill, Cullis, Timm, Furen, and Ginsburg, P.A. Commissioner Servian stated that the information for Enterprise Associates of Sarasota is not available on the web site for the Florida Department of State, Division of Corporations, which is unusual. Vice Mayor Martin stated that the existing houses on the property will be demolished; and asked if the houses on the property have any potential market value? Mr. Freedman stated no; that the existing houses are in poor condition. Vice Mayor Martin asked the width of the sidewalk on Cocoanut Avenue? Mr. Hoyt stated that the sidewalk on Cocoanut Avenue is quite wide due to the right-of-way area; that a large green area is being created on Cocoanut Avenue which is similar to a front lawn. Mr. Freedman stated that an easement is being provided to ensure the minimum width of the sidewalk on Fruitville Road is eight feet; that the sidewalk on Cocoanut Avenue is wider at approximately 12 feet. Vice Mayor Martin stated that the Site Plan/Landscape Plan indicates more than one oak tree is being protected. Mr. Freedman stated that a couple of oak trees are close to the site but are not on the property; that the main oak tree being protected is in the center of the site. Mr. Hoyt stated that the oak tree is a wonderful amenity; that the site was planned around the oak tree; that a greater degree of flexibility is available if constructing townhouse units. Commissioner Bilyeu asked the location of the Weissgerber House? Attorney Rees stated that the Weissgerber House is to the south of the site on the other half block. Mayor Palmer asked for clarification regarding the encroachment agreement for landscaping of the City-owned plot. Mr. Freedman stated that a minor encroachment agreement is required since landscaping and groundcover will be located between the front door of the building and the sidewalk on Cocoanut Avenue. Mayor Palmer requested that Staff come forward. Harvey Hoglund, Senior Planner, Planning and Redevelopment Department, came before the Commission; referred to a Zoning/Subdivision Map of the area displayed on the Chamber monitors; and stated that the Applicant has discussed all the pertinent points in detail; that the pattern of zoning in the area is most of the land south of Fruitville Road is already in the CCBD Zone District since the area is part of the traditional Downtown of Sarasota; that the proposed rezoning to the CCBD Zone District afiects the allowed height and density; that the project is below the maximum height and density allowed by the CCBD Zone District; that the neighborhood meeting was held on June 10, 2003; that a number of issues were discussed; that the only issue surfacing during the PBLP public hearing related to the height of the building; that one person felt the building was too tall and should only have two stories rather than the BOOK 55 Page 26358 10/20/03 2:30 P.M. BOOK 55 Page 26359 10/20/03 2:30 P.M. proposed four stories; that the person was informed the present regulations allow a higher building height than being proposed; that the design of the building which is in units rather than being a single building with a single facade helps reduce the scale; that the roof top treatment also assists in reducing the scale and gives more the appearance of a three story building with an architectural feature on the roof; that the project has been well received by the neighborhood; that the project complies with the City's Comprehensive Plan; that one tree is completely in the right-of-way; that two others straddle the property line; that the concern was if the trees should remain in lieu of the proposed landscape plan which has the trees removed and replaced with palm trees; that Staff visited the site with the landscape consultant; that the conclusion was the trees should be forsaken for replacement trees; that the building and the landscape treatment will be an attractive addition to the highly visible location in the City. Vice Mayor Martin asked if Staff concurs with the condition of the existing houses on the site and the plans for demolition? Mr. Hoglund stated that the interior of the houses has not been examined; that moving two of the houses would not be cost effective; that one house could probably be salvaged; however, a determination cannot be made without further examination; that the house is not considered of outstanding architectural interest. Commissioner Servian referred to the Summary of Comments by the DRC included in the Agenda backup material; and stated that Public Works Technical Services indicated reclaimed water is not available to the site; that the proposed building would be connected to the City's centralized water and sanitary sewer systems; and asked if reclaimed water could be made available to the site and the nearest connection to the site? Mr. Hoglund stated that an answer cannot be provided; that the point is good; however, reclaimed water or a connection which can be extended to the site is likely not feasible if Public Works has determined reclaimed water is not available to the site. City Manager McNees stated that the project which is predominantly hardscape and will not be a significant user of reclaimed water; that providing a connection for reclaimed water to the site would not be cost effective; that connections for reclaimed water are attempted on sites with significant greenscape. Vice Mayor Martin stated that a map exists detailing all the reclaimed water sites in the City and should be distributed to the Commission. Mr. Hoglund stated that the project is envisioned as perfect for the Downtown; that the site is a wonderful location for new housing; that the design is beautiful; that Planning Staff recommends the Commission pass proposed Ordinance No. 03-4490 on first reading. Mayor Palmer referred to the Summary of Comments by the DRC included in the Agenda backup material; and stated that the summary was very helpful; that receiving a similar summary for each project going forward would be appreciated. Mayor Palmer referred to the July 10, 2003, Neighborhood Partnership Office minutes regarding the proposed rezone for the property; and stated that the minutes are exemplary; that the person responsible for preparing the minutes should be commended; that the names of the individuals asking the questions were identified; that the answers were provided; that a full understanding of the neighborhood meeting was provided in the minutes. Mr. Hoglund stated that the problem with writing a Staff report is to communicate all the different thoughts involved in a project; that the Neighborhood Partnership Office was informed the record for the neighborhood meetings should be clear. There was no one signed up to speak and Mayor Palmer closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 03-4490 by title only. On motion of Commissioner Servian and second of Commissioner Atkins, it was moved to pass proposed Ordinance No. 03-4490 on first reading. Commissioner Servian stated that the project is beautiful and exemplifies the type of project desired in the Downtown. Commissioner Bilyeu agreed. Mayor Palmer stated that the project is consistent with the Downtown Master Plan 2020 although the City of Sarasota Downtown BOOK 55 Page 26360 10/20/03 2:30 P.M. BOOK 55 Page 26361 10/20/03 2:30 P.M. Code (Downtown Code) is not yet in effect, which is appreciated; that the project is exacty the type desired in the Downtown; and extended congratulations to the Applicant for a beautiful project which will bring new residents into the Downtown. Mayor Palmer called for a vote on the motion and requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Palmer, yes; Servian, yes Atkins, yesi Bilyeu, yes; Martin, yes. 21. QUASI JUDICIAL PUBLIC HEARING RE: : PROPOSED ORDINANCE NO. 03-4495, TO REZONE A +.16 ACRE SITE LOCATED ON THE SOUTH SIDE OF FRUITVILLE ROAD BETWEEN LIME AVENUE AND SHADE AVENUE FROM THE RESIDENTIAL SINGLE FAMILY-2 (RSF-2) ZONE DISTRICT TO THE COMMERCIAL GENERAL DISTRICT (CGD) ZONE DISTRICT, AS MORE PARTICULARLY SET FORTH HEREIN; SAID PROPERTY BEING LOCATED AT 2344 FRUITVILLE ROAD; PROVIDING FOR CONDITIONS OF THIS REZONING; ETC. - PASSED ON FIRST READING (TITLE ONLY) AND 22. ADOPTION RE: PROPOSED ORDINANCE NO. 03-4496, TO REZONE A .24 ACRE SITE LOCATED ON THE SOUTH SIDE OF FRUITVILLE ROAD BETWEEN LIME AVENUE AND SHADE AVENUE FROM THE RESIDENTIAL SINGLE FAMILY-2 (RSF-2) ZONE DISTRICT TO THE OFFICE COMMUNITY DISTRICT (OCD) ZONE DISTRICT, AS MORE PARTICULARLY SET FORTH HEREIN; SAID PROPERTY BEING LOCATED AT 2352 FRUITVILLE ROAD; PROVIDING FOR CONDITIONS OF THIS REZONING; ETC. (TITLE ONLY) (APPLICATION NOS. 03-RE-06 AND 03-RE-07, APPLICANT BRUCE E. FRANKLIN, LAND RESOURCE STRATEGIES, INC., AS AGENT REPRESENTING THOMAS A. JACKSON AND NANCEE JACKSON, AS OWNERS) - PASSED ON FIRST READING (AGENDA ITEM XI-B-3) CD 6:55 through 7:03 Mayor Palmer stated that proposed Ordinance No. 03-4495 pertaining to Application No. 03-RE-06 is to rezone 0.16 acres located at 2344 Fruitville Road; that proposed Ordinance No. 03-4496 pertaining to Rezone Application No. 03-RE-07 is to rezone 0.24 acres located at 2352 Fruitville Road. City Attorney Taylor stated that the recommended time limits are seven minutes for the Applicant's presentation and five minutes for rebuttal and five minutes for the City's presentation and three minutes for rebuttal; that no one has filed for certification as an Affected Person; that other interested persons will have three minutes to speak. Mayor Palmer stated that hearing no objections, the recommended time limits are approved and requested that Commissioner ex parte communications, if any, be disclosed. Mayor Palmer, Vice Mayor Martin, and Commissioners Atkins, Bilyeu, and Servian stated that no ex parte communications have occurred. Mayor Palmer opened the public hearing and requested that the Applicant come forward. Bruce Franklin, Land Resource Strategies, Inc., as agent representing Thomas Jackson and Nancee Jackson as owners came before the Commission; referred to a site plan displayed on the Chamber monitors; and stated that Rezone Application No. 03-RE-06 requests approval of rezoning from the Residential Single Family 2 (RSF-2) Zone District to the Commercial General District (CGD) Zone District; that no site plan is attached to the proposed rezoning application; however, the desire of the property owner is to utilize the existing single-family residential structure for commercial use; that on September 10, 2003, the Planning Board/Local Planning Agency (PBLP) held a public hearing regarding the application; that the PBLP received the recommendation of Planning Staff to approve the application; that the PBLP found the application consistent with the City's Comprehensive Pan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), and satisfies the Standards for Review in Section IV-1306, Zoning Code (2002 Ed.), and recommends Commission approval. Mr. Franklin continued that the proposal is to rezone a 0.16 acre site on the south side of Fruitville Road between Lime and Shade Avenuesi; that the property is bordered on the north, across Fruitville Road, by retail and office uses in the Commercial Shopping Center Community (CSCC) and Office Professional Business (OPB) Zone Districts; that commercial uses predominate to the west and northwest along Fruitville Road; that residential, single-family houses abut the property immediately to the south; that office and institutional uses extend to the east along Fruitville Road; that a companion Rezone Application No. 03-RE-07 proposes a rezoning to the BOOK 55 Page 26362 10/20/03 2:30 P.M. BOOK 55 Page 26363 10/20/03 2:30 P.M. Office Community District (OCD) Zone District for the parcel immediately to the east; that the Future Land Use Classification is not being changed; that the Applicant will be requesting a change to consolidate the property into one Future Land Use Classification and into one Zone District during the update of the City's Comprehensive Plan and the Evaluation and Appraisal Report (EAR) process sO the property can ultimately be redeveloped; that reusing the properties in the interim is considered appropriate; that some variances from the Board of Adjustment were necessary and were granted; that one variance was for exceeding the maximum front yard setback on both parcels and permitting parking in the front yard for the easterly parcel; that agreement was reached for more substantial buffering and landscaping along the frontage. Mayor Palmer requested that Staff come forward for the presentation. Allen Parsons Jr., AICP, Senior Planner, Planning and Redevelopment Department, came before the Commission; and stated that a formal presentation will not be made since the Applicant has provided detailed information regarding the proposed rezoning. Mayor Palmer asked if Staff is supportive of the future amendment to the City's Comprehensive Plan? Mr. Parsons stated that a full review has not been conducted; that the EAR process will begin in the spring of 2004 at which time input will be received from the public. There was no one signed up to speak and Mayor Palmer closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 03-4495 by title only. On motion of Commissioner Atkins and second of Commissioner Bilyeu, it was moved to pass proposed Ordinance No. 03-4495 on first reading. Mayor Palmer requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Servian, yesi Atkins, yes; Bilyeu, yes; Martin, yes; Palmer, yes. City Auditor and Clerk Robinson read proposed Ordinance No. 03-4496 by title only. On motion of Commissioner Atkins and second of Commissioner Bilyeu, it was moved to pass proposed Ordinance No. 03-4496 on first reading. Mayor Palmer requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Martin, yesi Palmer, yes; Servian, yes. 23. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM XII) CD 7:03 There was no one signed up to speak. The Commission recessed at 7:03 p.m. and reconvened at 7:16 p.m. 24. QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 03-4485, TO REZONE A 1.14 ACRE SITE FROM THE RESIDENTIAL MULTIPLE FAMILY-1 (RMF-1) ZONE DISTRICT TO THE RESIDENTIAL MULTIPLE FAMILY-2 (RMF-2) ZONE DISTRICT, AS MORE PARTICULARLY SET FORTH HEREIN; SAID PROPERTY BEING GENERALLY BOUNDED ON THE EAST BY CENTRAL AVENUE AND ON THE WEST BY CLARK DRIVE WITH A STREET ADDRESS OF 3355 CENTRAL AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF THIS REZONING; ETC. (TITLE ONLY) (APPLICATION NO. 03-RE-09, APPLICANT PETER M. DAILEY, AICP, DAILEY DESIGN GROUP, INC., AS AGENT REPRESENTING FRANCES M. RICHEY AND MARGARET JONIKIAN, OWNERS) - PASSED ON FIRST READING (AGENDA ITEM XI-B-1) CD 7:16 through 7:23 Mayor Palmer stated that proposed Ordinance No. 03-4485 pertaining to Rezone Application No. 03-RE-09 is to rezone 1.14 acres located at 3355 Central Avenue from the Residential Multiple Family 1 (RMF-1) Zone District to the Residential Multiple Family 2 (RMF-2) Zone District. City Attorney Taylor stated that the recommended time limits are seven minutes for the Applicant's presentation and five minutes for rebuttal and five minutes for the City's presentation and three minutes for rebuttal; that no one has filed for certification as an Affected Person; that other interested persons will have three minutes to speak. BOOK 55 Page 26364 10/20/03 2:30 P.M. BOOK 55 Page 26365 10/20/03 2:30 P.M. Mayor Palmer stated that hearing no objections, the recommended time limits are approved and requested that Commissioner ex parte communications, if any, be disclosed. Mayor Palmer, Vice Mayor Martin, and Commissioners Atkins, Bilyeu, and Servian stated that no ex parte communications have occurred. Mayor Palmer opened the public hearing and requested that the Applicant come forward. Peter Dailey, Principal of the Dailey Design Group, came before the Commission and stated that he is representing the Owners, Frances Richey and Margaret Jonikian; that the proposal is to rezone a 1.14 acre site at 3355 Central Avenue from the Residential Multiple Family 1 (RMF-1) Zone District to the Residential Multiple Family 2 (RMF-2) Zone District to split off two lots which front on Clark Drive to the west and develop the lots as single-family affordable houses. Mayor Palmer requested that Staff come forward. Allen Parsons, Jr., AICP, Senior Planner, Planning and Redevelopment Department, came before the Commission; referred to the Proposal/Site Location in the Executive Summary included in the Agenda backup material; and stated that the parcel is unique; that the Applicant is proposing to change the zoning to allow for utilization of the two lots which front on Clark Drive as single family lots; that the differences between the RMF-1 and RMF-2 Zone Districts are density, minimum lot size area, and lot width; that the rezoning will allow for the construction of single family houses. Mayor Palmer asked if a stipulation has been made to keep the lots as single family use? Mr. Parsons stated yes; that the Planning Board/Local Planning Agency (PBLP) raised the concern the rezoning could allow for more intensive apartment type use; that the Applicant proffered the following condition which is included in proposed Ordinance No. 03-4485: (a) The two newly created zoning lots abutting Clark Drive to the west shall be limited to the construction of a detached single-family dwelling upon each lot. The following person came before the Commission: M. Frances Eckstein, 3606 Clark Drive (34234), stated that she has resided on Clark Drive since 1973; that the plans for construction on the lots were previously not known; that the possibility of removing additional trees from the neighborhood is a concern; that too many trees have been removed on Central Avenue to construct houses; that no trees should be removed on Clark Drive; that the architecture of the houses on the lots should be consistent with houses existing on the block which are constructed in the old Florida style. There was no one else signed up to speak. Mayor Palmer stated that neither the Applicant nor the City has any rebuttal and closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 03-4485 by title only. On motion of Commissioner Servian and second of Vice Mayor Martin, it was moved to pass proposed Ordinance No. 03-4485 on first reading. Commissioner Servian stated that a site plan has not been received from the Applicant; that proposed Ordinance No. 03-4485 only addresses the rezoning of the property; that a site plan, once received, will provide a sufficient understanding of the planned construction and landscaping of the site. Mayor Palmer stated that the City has adopted a new Tree Protection Ordinance; that a finding of consistency with the Tree Protection Ordinance will be necessary at the time the site plan is filed. Mayor Palmer called for a vote on the motion and requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes Servian, yes; Atkins, yes; Bilyeu, yes. 25. UNFINISHED BUSINESS: ADOPTION RE: PROPOSED RESOLUTION NO. 04R-1667, PERTAINING TO THE USA PATRIOT ACT, RELATED LEGISLATION, EXECUTIVE ORDERS, REGULATIONS AND ACTIONS ASSOCIATED THEREWITH; MAKING FINDINGS; REQUESTING THE FLORIDA LEGISLATIVE AND CONGRESSIONAL DELEGATIONS TO WORK TO REPEAL CERTAIN PROVISIONS OF THE USA PATRIOT ACT AND TO BOOK 55 Page 26366 10/20/03 2:30 P.M. BOOK 55 Page 26367 10/20/03 2:30 P.M. OPPOSE THE ADOPTION OF ANY NEW LAWS WHICH MAY LIMIT OR VIOLATE FUNDAMENTAL RIGHTS AND LIBERTIES; ETC. (TITLE ONLY) ADOPTED (AGENDA ITEM XIII-1) CD 7:23 through 8:51 Mayor Palmer stated that proposed Resolution No. 04R-1667 pertains to the Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT ACT) of 2001; and requested that everyone present in the Commission Chambers provide respect for each speaker and the Commissioners since the topic is controversial. Mayor Palmer requested that Staff come forward. Mark Singer, Attorney, City Attorney's Office, came before the Commission and stated that after a presentation on October 6, 2003, the Commission voted 3 to 2 to refer the draft Resolution prepared by the Sarasota Alliance for Voters Education (SAVE) to the City Manager, the Sarasota Police Department (SPD), and the City Attorney's Office for revision and consideration at various levels; that the City Manager and the SPD raised concerns regarding provisions in the draft Resolution which pertain to the SPD; that the City Attorney's Office raised concern regarding the format for the draft Resolution; that the goal was to ensure the draft Resolution met the same standards as other Resolutions presented to the Commission; that the draft Resolution was revised and is before the Commission at this time as proposed Resolution No. 04R-1667; that proposed Resolution No. 04R-1667 and copies of resolutions adopted by Broward County and Alachua County, Florida, Orange County, North Carolina, and the City of Greensboro, North Carolina, are included in the Agenda backup material for informational purposesi that attachments to proposed Resolution No. 04R-1667 are also included which were originally attached to the draft Resolution; that a listing of approximately 180 different communities around the Country which passed similar Resolutions is also included; that a meeting was held between City Attorney's Office Staff and the presenters of the draft Resolution to review proposed Resolution No. 04R-1667; that proposed Resolution No. 04R-1667 has been circulated to the presenters separately from the normal manner in which Agenda materials are distributed and available to the general public. Attorney Singer continued that some changes to the draft Resolution were made, in particular, striking the provision relating to the SPD; that some additional paragraphs were added after reviewing similar Resolutions passed by other jurisdictions; however, the substance was not significantly altered in any material wayi that the Administration is not providing the Commission with any recommendation. Mayor Palmer stated that citizens signed up to speak will have three minutes to speak and will be notified by the City Auditor and Clerk when one minute remains; that 19 people have signed up to speak; and requested that the following people come before the Commission. Viola Bernstein, 1301 Tallywood Drive (34237), representing the Sarasota Alliance for Voter Education (SAVE), stated that proposed Resolution No. 04R-1667 is supported; that the process of creating a resolution began in February 2003, continuing work initiated by the Sarasota County Green Party; that Grissim Walker, Jason Beck, Wade Matthews, Jim Theriault and Pat Liebert are on the SAVE Steering Committee; that having the opportunity to work with the best, brightest, and most committed people concerning the draft Resolution is a privilege; that the SAVE Steering Committee is appreciative of the respect and courtesy displayed by members of the Commission, City Staff, and Attorney Singer; that Attorney Singer met with the SAVE Steering Committee to review proposed Resolution No. 04R-1667 before the Commission at this time; that Mayor Palmer has reserved the right to dissent but has been courteous and has listened to ar rguments in favor of proposed Resolution No. 04R-1667; that Resolutions concerning the USA PATRIOT ACT presented in other jurisdictions have support across political lines encompassing all shades of political opinion; that proposed Resolution No. 04R-1667 shifts responsibility and the request for action to the legislative bodies of Florida and the Federal Government from the City Commission, calls upon elimination of the sections of the USA PATRIOT ACT concerning searches of records of libraries, book and video stores, and omits mention of police department actions within the USA PATRIOT ACT provisions; that local libraries all carry ACLU posters warning of USA PATRIOT ACT searches which can easily be extended to book and video stores; that the police department omission is unfortunate; however, that the Commission is requested to adopt proposed Resolution No. 04R-1667 as presented at this time. BOOK 55 Page 26368 10/20/03 2:30 P.M. BOOK 55 Page 26369 10/20/03 2:30 P.M. Ken Shelin, President, 770 South Palm Avenue, No. 1104, (34236), representing the Democratic Club of Sarasota County, stated that the Democratic Club of Sarasota County is the largest Democratic club in the State and is rapidly growing; that the City Commission is the appropriate forum for a Resolution regarding the USA PATRIOT ACT; that the Commissioners are elected to represented the interests of the citizens; that Commissioners and City Staff can and do at times lobby on the behalf of citizens with the Sarasota Board of County Commissioners (BCC), Florida State Legislators, and members of the United States Congress; that upon assuming office, the Commission takes an oath to uphold the United States Constitution; that the Commission pledges Allegiance to the United States Flag at the beginning of each Commission meeting; that the USA PATRIOT ACT contains a number of provisions which may require citizens to respond to a variety of intrusive requirements which result in the restriction and abrogation of rights and freedoms guaranteed to every citizen by the United States Constitution; that the United States Government can rifle through much personal information such as financial records held at a person's bank, by an accountant, or broker, all medical records, purchases of reading material, documentation of internet usage, airlines flown including destinations, dates and times, college courses taken, training activities, records of store purchases, lists of members and attendees at religious institutions, and any activity which leaves a record of any kind including the record on a person's home computer, without notice, probable cause, search warrants, judicial oversight, or unchecked power. Mr. Shelin continued that with unchecked power, the Federal Government can break into a person's home, rifle through dresser drawers, take photographs, and seize personal property without providing any notification the home was entered which is clearly overly aggressive surveillance of ordinary law abiding citizens without judicial oversight and is considered Government sponsored and executed domestic terrorism; that the Commission should be strong and brave Americans and adopt proposed Resolution No. 04R-1667 to curb the excessive power of the USA PATRIOT ACT and uphold the United States Constitution as each Commissioner has pledged; that the Commission is requested to adopt proposed Resolution No. 04R-1667 on behalf of the citizens of Sarasota and on behalf of the Commission. Jason Boehk, 629 Payne Parkway (34237), representing Sarasota County Green Party and the Sarasota Alliance for Voter Education (SAVE), stated that sincere thanks are extended to the Commission; that individual Commissioners have been extremely generous with personal time and have thoughtfully considered the merits of proposed Resolution No. 04R-1667 which affirms civil liberties and opposes portions of the USA PATRIOT ACT; that the Commission is urged to vote in favor of proposed Resolution No. 04R-1667; that an experience will be shared which underscores the nonpartisan, bipartisan nature of the grass roots movement; that he attended the first National Grass Roots Conference on Defending Civil Liberties (Conference) at the Hilton Hotel in Silver Spring, Maryland; that more than 200 people from all over the United States representing non-profit organizations and political parties across the political spectrum attended the Conference; that the consensus from both sides of the political spectrum was the United States Congress, in enacting the USA PATRIOT ACT, overstepped its bounds in imposing draconian restrictions on civil liberties in the well intentioned effort to protect citizens from terrorism; that the United States Congress should hear from communities through locally elected officials; that citizens understand the United States Congress was attempting to protect citizens; however, the USA PATRIOT ACT must be revisited; that some parts of the USA PATRIOT ACT must be repealed; that Attachment A of proposed Resolution No. 04R-1667 indicating threatened rights and liberties will contribute to the National discussion by referring to specifically cited problematic portions of the USA PATRIOT ACT; that the highlight of the Conference was a plenary lunch called "Strange Bed Fellows"; that the panel consisted of individuals from both sides of the political spectrum and included Grover Norquist, President of Americans for Tax Reform, also reputedly, the architect of the Bush Administration Tax Policy, David Keene, President of the American Conservative Union, and a representative from People for the United Way and the Center for Democracy and Technology; that the panel spoke in front of 200 people and television cameras; and quoted the following from Mr. Norquist: This is now an opportunity with this growing recognition that there was some overstepping. Let's take another look at the USA PATRIOT ACT Let's certainly not do USA PATRIOT ACT II, III, IV, and V with the same alacrity that we did USA PATRIOT ACT one Jeff Bell, 3244 Pine Valley Drive (34239), stated that proposed Resolution No. 04R-1667 is disappointing; however, the efforts BOOK 55 Page 26370 10/20/03 2:30 P.M. BOOK 55 Page 26371 10/20/03 2:30 P.M. of the groups expressing a desire to adopt proposed Resolution No. 04R-1667 are understood and applauded; that the group has strayed from the mission of protecting and advocating the rights of citizens of the United States; that the USA PATRIOT ACT addresses terrorism by targeting groups with a desire to come into public spaces to kill Americans; that the groups will conspire with others to kill Americans; that conspiracies could include blowing up schools, libraries, and government buildings simply to witness death; that the language may be harsh and the belief may be the discussion is too extreme; however, the situation is possible; that individuals or groups who do not care about the rights of United States citizens or the Country's judicial system will have an open avenue to come into the City's buildings to use computers or other forms of communication to conspire against and kill United States citizens if the City adopts proposed Resolution No. 04R-1667; that elected Congressional representatives should amend portions of the USA PATRIOT ACT, if deemed appropriate; that the Federal Government will protect the United States; that the City's time should not be wasted on discussing proposed Resolution No. 04R-1667; that time would be better spent discussing schools, community issues, and identifying additional funding for the Sarasota Police Department to protect the citizens of the community; that 179 communities have adopted similar Resolutions out of approximately 18,000 to 20,000 municipalities in the Country which is not sO impressive and should not be considered as a reason to adopt proposed Resolution No. 04R-1667; that the USA PATRIOT ACT is comprised of 262 pages; that citizens should read the entire 262 pages to gain a full understanding of the USA PATRIOT ACT rather than picking and choosing certain portions which are problematic; that the Federal Government rather than local Commissioners should determine the manner in which to address the problematic portions of the USA PATRIOT ACT; that the Commissioners are respected and do an excellent job; that everyone has a responsibility to protect their family; that any repeal of the USA PATRIOT ACT will hurt the rights to protect families as well as violate civil rights. Zeeshan Javed Hafees, 5700 North Tamiami Trail (34243) representing New College Muslim Student Association, stated that the foundations of American Democracy are studied; that the foundations of American Democracy began at the local level; that the manner in which to frame the Country's National Government began at the local level at local town meetings in New England; that the same process is taking place at this time; that people from the community are becoming involved in a National issue through a local issue; that the Commission is requested to adopt proposed Resolution No. 04R-1667; that local issues have been discussed during the meeting such as rezoning ordinances which is an excellent topic; that National issues have also been discussed at the meeting; that the Commission spoke up against substance abuse; that the Commission proclaimed October 2003 as Substance Abuse Prevention Month in the City; that International issues have also been discussed during the meeting; that many people have indicated the USA PATRIOT ACT is a National issue and should not be addressed by the Commission; that the USA PATRIOT ACT is a local, National, and International issue. Mr. Hafees continued that the United States must respect civil rights, liberties, and freedom enjoyed by citizens; that the USA PATRIOT ACT jeopardizes civil rights, liberties, and freedom; that everyone in the community is affected; that people in the Muslim community have been targeted in Sarasota; that people have been taken away by authorities as a result of the USA PATRIOT ACT which is a fact learned through the local mosquei that the Commission must respond to the concerns of hundreds of Muslims living in Sarasota who are vehemently against the USA PATRIOT ACT; that the Commission must respond to the concerns of many other responsible citizens who care about civil rights; that the Commission must speak out against discrimination and not allow the sentiment of the 1960s to return; that the Country has grown concerning civil rights but is returning to discrimination against certain groups; that the USA PATRIOT ACT affects every group and discriminates against individuals, especially minorities such as the Muslim community and takes rights away from everyonei that adopting proposed Resolution No. 04R-1667 is appropriate; that the voice of the people should be heard at the local level; that on behalf of the New College Muslim Student Association and the Greater Muslim Community of Sarasota, the Commission is requested to not vote against civil rights, personal freedom, and liberties but rather to vote against government abuse and the USA PATRIOT ACT; that the Commission is requested to vote in favor of proposed Resolution No. 04R-1667. Mr. Hafees further stated that people are afraid which is the reason for passing the USA PATRIOT ACT; that people were afraid in the 1930s in Germany which led to Nazism; that people were afraid in the United States in the 1940s which led to McCarthyism; that BOOK 55 Page 26372 10/20/03 2:30 P.M. BOOK 55 Page 26373 10/20/03 2:30 P.M. fear led to the Salem Witch Trials; that certain individuals should not be targeted; that citizens should not give up the Bill of Rights. R.K. Mattern, 2400 Wood Street (34237), stated that he is a homeowner and has lived in the City most of his life; that he is present before Commission to register a strong opinion in opposition to the USA PATRIOT ACT and to request the Commission adopt proposed Resolution No. 04R-1667 for the people of the City of Sarasota, the State of Florida, and the United States of America; that the grossly and inaccurately named Federal legislation or Presidential decree is an accursed attempt to curtail the inviolate liberty obtained by citizens inalienably by right, not privilege, through furious struggle over two centuries of vigilance and purposeful proscription by Congress of the behavioral parameters of the Federal Bureau of Investigation (FBI) regarding the rights of all Americans which had criminally and unconstitutionally been repeatedly violated, in such instances as Watergate, President Richard Nixon, J. Edgar Hoover's legacy of unconstitutional impurities, and the persecution of Martin Luther King, Jr., among others. Mr. Mattern continued that the current disregard by the Bush Administration and certain members of Congress for the protective measures adopted by Congress to shield Americans from this invasion of civil liberty is an unconscionable infringement upon the body politic as a whole and should not be tolerated. Betty Milan, 6710 Anchor Way (34232), stated that the victims of the September 11, 2001, terrorist attacks are remembered; that the victims would likely tell the United States Government to do anything possible to stop terrorism; that the United States is at war; that the war is silent and did not end on September 11, 2001; that the United States must do everything possible to stop terrorism; that the impingement of rights is not the desire, however, the United States Government must be allowed to do whatever possible to stop terrorism; that some people rather than all the people support proposed Resolution No. 04R-1667; that many people not supporting proposed Resolution No. 04R-1667 are known; that her husband grew up in a communist country and indicates the situation is deja vu; that the Commission is requested to think about the victims of September 11, 2001, who cannot speak; that the victims had one decision which was to die in a fire or to jump off the building; that similar attacks could repeatedly take place; that concerns have been raised regarding rights; that an individual's rights are gone at death; that life is over after death; that the hope is the Commission will think hard before making a decision regarding proposed Resolution No. 04R-1667. Ester Rachwal, 4975 Southern Wood Drive, (34241), stated that she belongs to the Florida Family Association which has 500 members; that proposed Resolution No. 04R-1667 is not supported; that the World has changed since the terrorist attacks of September 11, 2001; that the United States must do whatever possible to avoid having another terrorist attack on this Country; that civil liberties will not be lost due to the USA PATRIOT ACT. Ms. Rachwal distributed an October 13, 2003, Sarasota Herald-Tribune article by Rod Thompson entitled " Some criticism of Patriot Act is political partisanship and hysteria"; and continued that the article indicates enemy terrorists have been arrested in Portland, Oregon, Seattle, Washington, Detroit, Michigan, Chicago, Illinois, Buffalo, New York, Baltimore, Maryland, Alexandria, Virginla, and elsewhere; that terrorist cells have been disrupted and prevented from launching further attacks; that no further terrorist attacks have occurred on American soil; that the success has come from somewhere; that credit for some of the success is due to US Attorney General John Ashcroft and probably the USA PATRIOT ACT. Ms. Rachwal distributed an. October 8, 2003, Sarasota Herald-Tribune article from the business section entitled "Patriot Act Increases Security at Banks"; and further stated that the article indicates the USA PATRIOT ACT increases security at banks; that under new provisions of the USA PATRIOT ACT, the terrorists would have been forced to provide personal identification which could have alerted the Government to the intended activities; that most people expect a bank to request information concerning identity and should be pleased a bank is requesting verification; that bankers also say the rules may serve as a deterrent to money laundering and identify theft; that under the new rules, a consumer who opens a new bank or brokerage account will be requested to show Government issued photograph identification such as a drivers license or a passport; that the institution can also request a copy of a BOOK 55 Page 26374 10/20/03 2:30 P.M. BOOK 55 Page 26375 10/20/03 2:30 P.M. utility bill or a lease to prove residency; that the requests are not considered intrusive especially considering the reason is to provide security; that polls indicate the majority of Americans support the USA PATRIOT ACT; that the Commission is requested to not support proposed Resolution No. 04R-1667; that the USA PATRIOT ACT provides citizens with protection and comfort. Henry Bright, 2307 Bayshore Road, Nokomis (34275), representing Sarasota Alliance for Voter Education (SAVE), and the Venice Peace Coalition, stated that proposed Resolution No. 04R-1667 is supported; that the USA PATRIOT ACT is not a partisan issue; that the USA PATRIOT ACT has been opposed by many conservative Republicans; that many Republicans have expressed opposition to the USA PATRIOT ACT; that the Bush Administration and the US Justice Department already have adequate tools for combating terrorism; that existing laws can be used to enforce terror related activity, if administered; that existing laws without all the provisions included in the USA PATRIOT ACT have protected Americans in the past which will continue; that the USA PATRIOT ACT was passed barely 30 days after September 11, 2001; that the Country was in a state of panic; that most members of Congress had not read the USA PATRIOT ACT; that the USA PATRIOT ACT was passed in an atmosphere of panic and fear; that the USA PATRIOT ACT itself creates fear among ordinary citizens; that several personal acquaintances have been deterred from perfectly legitimate activities due to the USA PATRIOT ACT, which is not right; that the combination of the USA PATRIOT ACT and the actions and regulations issued by the Justice Department give far too much power to one branch of Government; that the power cannot be overseen, changed, or combated by the other branches of Government, which is not right; that concentrated power in one branch of Government is a characteristic of police states and dictatorships; that the Administration has the power under the USA PATRIOT ACT to indefinitely lock away United States citizens without bringing charges and without providing access to attorneys or allowing any outside communication which means citizens are no longer living in a free state. Mr. Bright continued that the Bush Administration may be trusted by some but future Administrations may not be trusted; that the only change to the USA PATRIOT ACT will come from the Grass Roots movement, SAVE, other groups, and local Government; that the Commission is requested to support proposed Resolution No. 04R-1667. Walt Augustinowicz, 770 Buckskin Court, Englewood (34223), representing the Libertarian Part of Sarasota, stated that the chance to come before the Commission to speak is appreciated; that the Country is at a crossroads; that the United States Government is telling citizens to choose between security and freedom; that the decision weighs heavily on the citizens of the United States; that no one has a desire to live in fear or without freedom; that people drive vehicles every day with the knowledge accidents occur which could cause death; however, people do not give up driving vehicles for the purpose of remaining safe; that a choice is made to continue to drive; that people fly in airplanes across the Country with the knowledge a mechanical failure could abruptly end the trip but people do not stop flying to ensure safety; that people have a choice whether or not to fly; that people live in Florida with the knowledge a dangerous hurricane could be imminent; that people living in Florida do not move to ensure safety from a hurricane; that people choose to remain in Florida; that Americans enjoy freedom and make decisions based on quality of life rather than life itself; that people are living in a world in which terrorists could strike again; that a question is should citizens sacrifice the Bill of Rights, freedom, and liberties to feel slightly more protected from terrorists; 'that the USA PATRIOT ACT does not provide a choice; that everyone lives with the knowledge the World is not completely safe; that creating a completely safe World would be impossible; that people would likely not abandon freedoms if a guarantee for complete safety were provided; that a vote in support of proposed Resolution No. 04R-1667 is requested; that people are upset which is the reason for coming before the Commission at this time; that the issue is emotional; that freedom is the reason people live in the United States; that security without freedom can be found in China. Julia Aires, P.O. Box 32108 (34239), stated that the time and consideration afforded by the Commission is appreciated; that she has lived in Sarasota since the age of 11 and has never felt unsafe or worried about civil liberties; that proposed Resolution No. 04R-1667 is non-binding and symbolic; that the USA PATRIOT ACT creates a climate of fear in the United States which is disturbing; that people in Sarasota and in the entire Country should not have to live under the USA PATRIOT ACT; that BOOK 55 Page 26376 10/20/03 2:30 P.M. BOOK 55 Page 26377 10/20/03 2:30 P.M. proposed Resolution No. 04R-1667 will make a statement; that the City of Sarasota is not a community built on fear of neighbors, being investigated, or having homes entered and searched; that she has grandchildren attending Southside Elementary School; that she is not concerned terrorists will create a violent situation at the school; that having her children and grandchildren losing civil rights and basic freedom is more of a concern; that losing civil rights and freedom is more of a concern than an act of terror; that suicide bombers cannot be stopped by the USA PATRIOT ACT; that terror can stopped by building a community of trust; that Sarasota has been a community of trust which should continue; that creating an atmosphere of fear is not the desire; that Sarasota should stand up in a symbolic way. Jim Theriault, 3621 Webber Street (34232), representing SAVE, and the Libertarian Party of Sarasota, stated that a list has been compiled of 20 resolutions addressed and adopted by the Commission which are not related to the Commission's local responsibilities, which sets a precedent; that previous speakers have eloquently spoken to his concerns; that the Commission solemnly swears in the oath upon taking office to support, protect, and defend the United States Constitution, the United States Government, the State of Florida, and the Charter of the City of Sarasota; that the hierarchy of the oath begins with the United States Constitution; that in 10 or 20 years, the Commission will be proud of the stand taken regarding proposed Resolution No. 04R-1667; that the United States Constitution has been violated many times in the history of the Nation; that recovery was long; that the Grass Roots Conference on Defending Civil Liberties (Conference) at the Hilton Hotel in Silver Spring, Maryland, was also intended; that the following quote by David Keene, President of the American Conservative Union and a representative from People for the United Way and the Center for Democracy and Technology, speaks to the point which many of those in opposition to proposed Resolution No. 04R-1667 have raised: The fact is that on many of these issues we do have to stick together because we all recognize the values at stake. When I was a young conservative growing up, one of the documents I read was a tract by a fellow named William Graham Sumner called, "The Conquest of the United States by Spain." Mr. Theriault continued that the point to consider is the value of going to war against an external enemyi that people give up certain internal freedoms by going to war over freedom and become transformed, which is not the desire; that the job of the terrorist has then been accomplished; and quoted the following by the founding fathers of the United States: Thomas Jefferson The price of freedom is eternal vigilance. Alexander Hamilton No legislative act contrary to the United States Constitution can be valid. If there should happen to be an irreconcilable variance between the two, the United States Constitution is to be preferred to the Statute. James Madison I believe there are more instances of the abridgement of the freedom of the people by gradual and silent encroachments of those in power than by violent and sudden usurpations. George Washington Government is not reason. It is not eloquence. It is a force, like fire: a dangerous servant and a terrible master. Mr. Theriault further stated that the Country's founding fathers are depending on current citizens to carry the torch. Wayne Gunthaner, 629 Payne Parkway (34232), stated that he has been a City resident for approximately five years but has lived in Sarasota for over 20 years; that proposed Resolution No. 04R-1667 is supported; that he is a Charter Boat Captain; that ship Captains have a similar oath to the oath sworn by the Commission as public servants, which is to uphold the United States Constitution, to be a conservator of the values explicit within the United States Constitution, and to be a conservator of the Bill of Rights; that the opportunity before the Commission at this time is fantastic; that the Commission can act as a conservator of the Bill of Rights; that he was viscerally affected upon witnessing the second World Trade Center Building fall on September 11, 2001; that the sight caused extreme pain and difficulty; that witnessing the Country's Bill of Rights slowly erode due to paranoia is far more difficult; that the Nation was not built upon a foundation of fear but can be taken down by paranoia; that citizens should BOOK 55 Page 26378 10/20/03 2:30 P.M. BOOK 55 Page 26379 10/20/03 2:30 P.M. be firm indicating the desire to live in an open society; that freedom differentiates this Nation from others; that the Commission is requested to take the issue to heart and adopt proposed Resolution No. 04R-1667. Roy Ingram, 230 Southwinds Drive (34231), stated that everyone present in the Commission Chambers is presumed a citizen of the United States; that everyone present in the Commission Chambers cherishes democracy; that the suggestion is democracy may be in peril; that an article by a Princeton University Professor indicated the USA PATRIOT ACT is one piece of a sequence of events and actions which may be fostering a kind of fascism, replacing democracy; that the article indicated September 11, 2001, hastens a significant shift in the Nation's self understanding; that referring to the United States as an "American empire" and the World's only superpower becomes commonplace; that formulations such as "superpower democracy" or imperial democracy" should be considered; that the formulations seem contradictory but are opposed to basic assumptions which Americans hold regarding the politic system; that supposedly, the United States Government is a Government of constitutionally limited powers; that no one can assume a superpower welcomes legal limits than believe an empire finds democratic participation congenial; that an elected legislature is being retained; however, a system of corruption, lobbyists, campaign contributors, and payoffs to powerful interests short circuits the connection between voters and their legislative representatives; that the system responds primarily to corporate interests and voters become cynical, resigned, and opposing; that a number of things are occurring in society signifying a chift, one of which ic the USA PATRIOT ACT. Grissim Walker, Jr., P.O. Box 15726, Sarasota (34277), representing Sarasota/Manatee Chapter of ACLU of Florida, stated that most of the provisions of the USA PATRIOT ACT affect the rights and liberties of ordinary Americans; that Timothy McVeigh, who was responsible for the April 19, 1995, bombing of the Alfred P. Murrah Federal Building in Oklahoma City, Oklahoma, which killed 168 people, appeared as an everyday ordinary American; that acts of terrorism are not only committed by people dressing or talking differently; that the USA PATRIOT ACT applies to everyone; that the possibility of terrorism comes from everyone; that the solution and the problem must be equally and fairly applied to all; that the USA PATRIOT ACT results in a significant change in the concentration of power in the hands of the Executive Branch at the expense of the Judiciary and Legislative Branches; that taking a search warrant under a traditional standard of probable cause to a Federal Judge is appropriate, if grounds exist; that no reference to identification provisions for bank accounts is included in Appendix A of proposed Resolution No. 04R-1667; that proposed Resolution No. 04R-1667 is a moderate and balanced proposal in which particular aspects of the USA PATRIOT ACT are addressed; that the issue is nonpartisan; that Congress has begun to make motions; that certain provisions included in the Total Information Awareness Program are being addressed; that 300 United States House of Representative members including Katherine Harris, US House of Representatives, 13th Congressional District, voted not to allow the use of funding for Section 213 of the USA PATRIOT ACT, which is a good start; that the USA PATRIOT ACT has a significant number of problematic administrative actions. Mr. Walker distributed, and referred to a list of 20 Resolutions approved by the Commission displayed on the Chamber monitors; and continued that some of the resolutions are concerning beach renourishment, however, one resolution is addressing casino gambling, the strong Mayor, supporting the Nation's armed forces serving in the Persian Gulf, supporting policy positions adopted by the Florida League of Cities, and widening a State Road in Manatee County; that the resolutions indicate a position as to if the future of the City of Sarasota should be to make a practice of having resolutions on policy matters which are not strictly within the Commission's poweri that proposed Resolution No. 04R-1667 is appropriate and is a serious matter. Bill Van Allen, 2503 Java Plum Avenue (34232), representing the Libertarian Party of Sarasota County, stated that proposed Resolution No. 04R-1667 is supported; that Libertarians are opposed to the USA PATRIOT ACT; that the USA PATRIOT ACT does not make reference to President George Bush or US Attorney General John Ashcroft; that the reference is only to the President and the Attorney General; that Libertarians object to the USA PATRIOT ACT on the principle the Act further degrades Constitutional protections from an all powerful Federal Government; that the following provision is included as an objection in Attachment A of proposed Resolution No. 04R-1667: BOOK 55 Page 26380 10/20/03 2:30 P.M. BOOK 55 Page 26381 10/20/03 2:30 P.M. Chill constitutionally protected speech through the over broad definition of the new crime of "domestic terrorism" to include l"acts dangerous to human life which are a violation of the criminal laws of the United States or of any State" which "appear to be intended, " among other things, "to influence the policy of a government by intimidation or coercion. Mr. Van Allen continued that attempting to influence government policy by a large rally in which someone may get into a fight or possess illegal drugs is now considered an act of domestic terrorism; that the provision is in direct violation of the First Amendment, which seeks to protect political speech. Mr. Van Allen further stated that the following provision is included as an objection in Attachment A of proposed Resolution No. 04R-1667: Grant the Federal Bureau of Investigation (FBI) the power to compel libraries and book and video stores to produce patrons' circulation or purchase records, and grant the FBI access to sensitive medical, mental health, financial and educational records or other customer data about individuals, all without having to show evidence of a crime and while forbidding disclosure such records have been requested and produced. Mr. Van Allen stated further that inspections of private data no longer require a warrant issued only upon probably cause as required by the Fourth Amendment; that anyone disclosing to a customer the FBI has collected records is now guilty of a Federal crime; that the following provision is included as an objection in Attachment A of proposed Resolution No. 04R-1667: Reduce judicial supervision of telephone and internet surveillance while expanding the scope of such surveillance. Mr. Van Allen stated that warrants for ordinary citizens are now obtainable from a special court created by the Foreign Intelligence Surveillance Act rather than a criminal court judge; that the United States Supreme Court has seven Constitutional requirements for such eavesdropping, given the tenancy of those who execute the criminal laws to obtain convictions by means of unlawful seizures; that the provision in the USA PATRIOT ACT indicates the Federal Government now assumes all citizens are foreign agents rather than American citizens; that opposing the USA PATRIOT ACT and defending the United States Constitution are acts of patriotism; that citizens only have rights which citizens are willing and able to defend; that in haste and without reading the entire USA PATRIOT ACT, Federal legislators have violated the oath to defend the United States Constitution; that the United States Constitution only allows the Federal Government limited powers; that standing up against the USA PATRIOT ACT is the responsibility of each citizen; that citizens must raise voices before objecting to Federal control over every move becomes itself illegal; that the Commission is urged to adopt proposed Resolution No. 04R-1667. James Keeney, 100 Wallace Avenue, No. 210 (34237), stated that he is a lawyer practicing from an office in the City which he owns; that for the past 25 years, his legal career has been predominantly in law enforcement; that he began as an Assistant Attorney General in the Commonwealth of Pennsylvania; that white collar criminals in the insurance industry were prosecuted; that he worked in a Federal Government Agency and with representatives of the United States Justice Department; that his primary responsibilities were related to law enforcement; that he is not against law enforcement but is in favor of the United States Constitution; that the possibility is law enforcement officials can become overzealous and go beyond which should be addressed by judges; that otherwise, everyone will lose liberty; that the problem with the USA PATRIOT ACT is too much judicial responsibility is removed and given to law enforcement; that law enforcement needs restraint; that the Commission is requested to vote in favor of proposed Resolution No. 04R-1667. Michael Yoder, 1732 Racine Drive (34240), stated that he is a student at the Ringling School of Art and Design; that terrorism is a terrible problem being faced by the entire International community; that realistically, in the United States, terrorism physically affects a very small number of people, a very small amount of the time; that the loss of freedom represented in the USA PATRIOT ACT will affect every citizen, every day of the year; that President Bush has indicated the terrorists hate Americans because Americans are free; that the loss of rights represented in the USA PATRIOT ACT is a concession to the terrorists; that the World can only be different if changed by BOOK 55 Page 26382 10/20/03 2:30 P.M. BOOK 55 Page 26383 10/20/03 2:30 P.M. citizens; that enough fences and walls exist in landscaping; that additional fences and walls should not be in the hearts and minds of citizens. Joseph Jacco, 4032 North Prairie View Drive (34232), stated that the Commission is not wasting time by addressing proposed Resolution No. 04R-1667; that proposed Resolution No. 04R-1667 is supported; that the original intent was only to listen; that taking a stand and being seen and heard by people in the City in which he does business was considered scary; that the fear was people with whom he does business may regard him as a wild eyed, fringe lunatic; that the realization was he must speak since America was built upon principles which allow him to speak without fear of reprisal, even if appearing as a fool; that the business of the people does and should begin at the local level; that the times are extraordinary; that extraordinary measures are often required during extraordinary times; that limits must be established for extraordinary measuresi that liberties must be maintained; and quoted Benjamin Franklin as follows: Those who are willing to sacrifice essential liberties for a little temporary safety deserve neither liberty nor safety. Daniel Furtado, 7205 Linger Lodge Road, Bradenton (34204), stated that he is speaking before the Commission to provide moral support; that he represents his entire family; that he is proud of his family; that he moved to Sarasota from Broward County, Florida; that he lived in Broward County for 30 years; that he moved to Sarasota since living in Broward County did not provide a feeling of pride; that he is now proud to have lived in Broward County since Broward County passed a Resolution against portions of the USA PATRIOT ACT; that he paid for civil rights by serving in World War II at Pearl Harbor; that the situation is emotional; that the American Flag is displayed in the Chambers which contributes to the emotion; that the United States Flag provides a feeling of pride. Mr. Furtado referred to an old United States Flag with 13 stars displayed in the Chambers audience and continued that in 1776, citizens met in town halls, pubs and houses to choose the people to provide representation in Philadelphia to show resistance to the leader of the time, who was the King of England; that the Grass Roots campaign begins with the Commission; that America is about Americans having the freedom of speech; that America is about Americans not worrying a soldier or any representative of any Government will enter a person's home without due process; that the hope is the Commission will join with everyday Americans with families; that two Pearl Harbors existed in his lifetime; and quoted Franklin Roosevelt as follows: the only thing we have to fear is fear itself. Mr. Furtado continued that people should not be afraid to stand up for existing rights; that laws exist which can address terrorism; that America needs people with courage to enforce existing laws; that libraries and book stores were recently visited; that a copy of the USA PATRIOT ACT cannot be purchased; that the USA PATRIOT ACT is out of print and is not available; that the book store requested his name, which he fearlessly provided. There was no one else signed up to speak. City Auditor and Clerk Robinson read proposed Resolution No. 04R-1667 by title only. On motion of Commissioner Bilyeu and second of Commissioner Servian, it was moved to adopt proposed Resolution No. 04R-1667. Commissioner Bilyeu stated that the efforts of the City Attorney's Office Staff, and representatives from SAVE are appreciated; that different opinions make the Country great; that the willingness of the speakers to come before the Commission is appreciated; that proposed Resolution No. 04R-1667 includes the following language: WHEREAS, the City Commission believes those constitutionally guaranteed fundamental rights may be threatened by the USA PATRIOT ACT Commissioner Bilyeu continued that no one present in the Commission Chambers understands the possibility of being threatened unless the USA PATRIOT ACT has been read; that he has a copy of the USA PATRIOT ACT which was difficult to obtain; that the USA PATRIOT ACT as a whole is not opposed; that certain sections pertaining to the Bill of Rights are problematic; that without sufficient limitations, law abiding citizens will be subject to certain sections of the USA PATRIOT ACT which has been seen in the past and is the reason for supporting proposed Resolution No. 04R-1667; that proposed Resolution No. 04R-1667 BOOK 55 Page 26384 10/20/03 2:30 P.M. BOOK 55 Page 26385 10/20/03 2:30 P.M. is good; that fellow Commissioners are respected and have displayed courtesy, which is appreciated. Commissioner Bilyeu further stated that overreactions to situations at the Federal, State, and local level occur; that situations are revisited; that prior legislators may act on issues emotionally; that the issues could become problematic in the future; that a local example is the site view corridor regarding the Florida West Coast Symphony; that proposed Resolution No. 04R-1667 simply sends a message to the Federal Government to review problematic sections of the USA PATRIOT ACT; that most everyone agrees, including the local Statesman of the year, Elliot Metcalfe, Public Defender, Twelfth Judicial Circuit, State of Florida; that parts of the USA PATRIOT ACT are not good; that fellow Commissioners are requested to unanimously vote in favor of proposed Resolution No. 04R-1667. Commissioner Servian stated that a main issue is if the City Commission should debate the issue and bring forward a Resolution opposing legislation which has taken place at the Federal level; that all Government is local; that everyone is affected by the actions of the Federal Government which makes the issue local; that Bill Nelson, US Senator, State of Florida, recently visited Sarasota and is also opposed to certain sections of the USA PATRIOT ACT; that Senator Nelson was asked if the Commission's action in adopting a Resolution opposing certain portions of the USA PATRIOT ACT would have an impact; that Senator Nelson stated yes; that Senator Nelson indicated a desire to hear from constituents; that the responsibility of the Commission is to lobby for the citizens; that many citizens are continually in touch with State and Federal legislators; that having the backing of a local governing body carries weight; that the debate concerning the USA PATRIOT ACT should take place at the Commission table. Commissioner Servian continued that some of the most conservative members of Congress have recently spoken out against certain portions of the USA PATRIOT ACT; that living in a Country in which liberties are threatened every day is not the desire; that the terrorists will have won if the rights of Americans are taken awayi that the reduction of judicial supervision is a critical portion of the USA PATRIOT ACT; that the judicial system currently in place has worked for over 200 years; that a need to change the system is not seen; that the provision for indefinite detention and deportation of individuals even if not convicted of a crime is problematic as well as the provision for access to sensitive records without any evidence of a crime; that the Federal Government would have the right to review medical and financial records and internet activities with absolutely no justification; that every citizen should be appalled by the provisions; that citizens want terrorism to stop; that citizens want the Country protected; that Israel has some of the most invasive opportunities to spy on Israeli citizens; that spying on Israeli citizens has not stopped terrorism; that the Pledge of Allegiance ends with the pledge for liberty and justice for all; that proposed Resolution No. 04R-1667 is supported. Commissioner Atkins stated that personal opinions regarding the USA PATRIOT ACT have not been expressed; that freedom is supported; that the provisions in the USA PATRIOT ACT are understood; that the problems regarding freedom and justice for all people have continued for yearsi that citizens must continue to fight for freedom and justice for all people; that his mother indicated to him during his youth he was lucky to stay alive; that his mother was informed death would be preferred rather than not being allowed to speak up for freedom and justice; that his mother is 85 years old and still raises concerns over his actions; that proposed Resolution No. 04R-1667 is supported which provides a feeling of pride; that freedom and justice for all is better than giving up freedom. Vice Mayor Martin stated that the position taken by fellow Commissioners is appreciated; however, proposed Resolution No. 04R-1667 is not supported; that the concerns raised are respected and shared; that speakers on both sides of the issue have been eloquent, emotional, and sincere; that speaking to issues is very important; that issues which come before the Commission are embedded with numerous principles; that his vote is based on the principle as to the types of issues which should come to the Commission table; that the issue regarding the USA PATRIOT ACT should not be at the Commission table; that issues may be brought to the Commission table which are at the expense of the work the Commission should be performing; that the Commission has engaged in numerous tangents; that a sense of the community forum is strongly supported; that a town hall forum series would be supported; that an organization such as Sarasota County Openly Plans for Excellence (SCOPE) would be appropriate to hold and oversee town hall forums; that debate in the community is supported; that democracy is resilient which is evidenced by the citizens present in the Chambers audience; that at least two amendments to the USA PATRIOT ACT have been filed BOOK 55 Page 26386 10/20/03 2:30 P.M. BOOK 55 Page 26387 10/20/03 2:30 P.M. and passed to soften some graver concerns; that several other amendments have recently been filed; that some are partisan and some are bipartisan; that the resiliency of democracy at work is seen; that the Commission took a closer look at the draft Resolution as originally presented which is appreciated; that his record as a Commissioner provides a feeling of pride; that support for civil rights and social justice has always been shown; that the Commission has always led the way in holding and upholding civil rights; that citizens are encouraged to remain involved with the issue. Mayor Palmer stated that proposed Resolution No. 04R-1667 is not supported; that addressing legislation such as the USA PATRIOT ACT at the Commission table is not supported; that a number of the concerns raised are undoubtedly legitimate; that the concerns must be broadcast loudly to 535 members of Congress; that the State of Florida has more than two dozen representatives and two senators which is the direction in which the Grass Roots message must travel; that discussions were held with many people; that the interest is appreciated; that one of the sessions concerning the USA PATRIOT ACT conducted by SAVE was attended; that an education of certain provisions was provided; that a great deal of language was changed; that only the Mayor's signature will be included on proposed Resolution No. 04R-1667, if passed; that her signature will proudly represent the majority of the Commission. Mayor Palmer called for a vote on the motion to adopt proposed Resolution No. 04R-1667. Motion carried (3 to 2): Bilyeu, yes; Martin, no; Palmer, no; Servian, yes; Atkins, yes. The Commission recessed at 8:50 p.m. and reconvened at 9:00 p.m. Commissioner Servian left the meeting at 8:50 p.m. 26. COMMISSION BOARD AND COMMITTEE REPORTS (AGENDA ITEM XV) CD 9:00 through 9:05 COMMISSIONER ATKINS: A. stated that citizens have requested information regarding the 2004 Newtown Easter Parade and asked if any information has been received from the organizers? City Manager McNees stated that no specific information concerning the Newtown Easter Parade has been received. Commissioner Atkins stated that the organizers of the 2003 Newtown Easter Parade will be contacted to ensure adequate plans are in place. V. Peter Schneider, Deputy City Manager, came before the Commission stated that the issue will be researched; that any information received will be communicated. VICE MAYOR MARTIN: A. stated that he was appointed as a representative of the Water Planning Alliance, which consists of representatives of four counties including Charlotte, Desoto, Manatee, and Sarasota Counties; that all the municipalities as well as the Englewood Water District are represented; that the group is voluntary and is responsible for assessing existing supplies of the regional water system; that a Phase 1 study has been completed; that a Phase 2 study is being undertaken to review the supply assessment and prioritize water sources which should be developed; that an Executive Summary of the results of the Phase 1 study is available and will be distributed to the Commission; that continued reports will be provided as the process evolves; that a report by the Florida Council of 100 discusses Statewide water resources and use; that a number of recommendations are included in the report; that one recommendation is to possibly centralize a water authority at the State level; that some grave concerns have been raised regarding the recommendation; that he is also a member of the Environmental Quality Committee for the Florida League of Cities which ties into the work being conducted with the Water Planning Alliance; that centralizing a water authority at the State level is one of the main concerns of the Environmental Quality Committee and with the Florida League of Cities. MAYOR PALMER: A. stated that the Manasota League of Cities has had a change of leadership; that City of Bradenton, Mayor, Wayne Poston is now the President and Barbara Gross, Chair of the Commission in North Port, Florida, is the BOOK 55 Page 26388 10/20/03 2:30 P.M. BOOK 55 Page 26389 10/20/03 2:30 P.M. Vice President; that advocacy work will strongly continue in 2004; that she has been requested to speak on behalf of the City and the County at the Florida Redevelopment Association meeting on October 23, 2003; that the topic is Interlocal Agreements on Community Redevelopment Agencies and the manner in which Counties and Cities can work together; that she will also speak on the topic at the Florida League of Cities legislative conference. 27. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA -ADMINISTRATION WILL DISCUSS THE IDENTIFICATION OF ENVIROMMENTALLY SENSITIVE LANDS IN THE CITY WITH SARASOTA COUNTY; DIRECTED THE ADMINISTRATION, THE CITY AUDITOR AND CLERK, AND THE CITY ATTORNEY I S OFFICE TO SCHEDULE A COMMISSION RETREAT (AGENDA ITEM XVI) CD 9:05 through 9:31 VICE MAYOR MARTIN: A. stated that at one time the Commission considered scheduling a Commission retreat; that some preparation for a retreat took place; however, a retreat has not been scheduled; that the suggestion is to reconsider scheduling a retreat; that a retreat is considered appropriate to discuss protocol, procedures, and the City's form of governance; that previous plans to schedule a retreat seem to have fallen through, which is a concern; that the Commission has developed some bad habits of bringing forth brand new issues and trumping the existing work plan and/or projects; that doings sO causes problems with Staff time and morale; that the Commission goes off on tangents; that a retreat is typically held annually; that the existing Commission has not had an opportunity to have a retreat; that the issue could be placed on a meeting Agenda for consideration. Mayor Palmer asked for clarification regarding the issue of a Commission retreat raised by Vice Mayor Martin. Vice Mayor Martin stated that a Commission retreat which addresses the City's form of governance and the manner in which the Commission functions at the table did not occur which is considered a missed opportunity; that the understanding was the scheduling of a Commission retreat with a facilitator was being pursued; that nothing further was heard. Commissioner Bilyeu asked if Commission retreats are scheduled for discussing the City's budget? Vice Mayor Martin stated no. City Auditor and Clerk Robinson stated that a community forum is scheduled each November in advance of the budget process. Commissioner Bilyeu stated that scheduling a Commission retreat with a facilitator is supported. Mayor Palmer asked if returning to the original proposal is supported? City Auditor and Clerk Robinson stated that presenting the original proposal for a Commission retreat may be helpful. Mayor Palmer stated that the proposal for a Commission retreat was based on a workshop attended at the National League of Cities Leadership Conference in Kansas City, Kansas; that materials from the workshop were brought back; that the City Manager, the City Auditor and Clerk, and the City Attorney were to hire a facilitator to work the Commission through the workshop material; that former Mayor Carolyn Mason attended the workshop in 2002 and was also very impressed; that the workshop was well structured; that hiring a local facilitator at a reasonable cost was the desire; that a facilitator from outside City Government would review the relationship and operations among the Commissioners and the Charter Officials and identify improvements; that the direction of the plans for the retreat went by the wayside; and asked if the Commission is willing to go back to the original proposal for the Commission retreat? Vice Mayor Martin and Commissioner Bilyeu stated yes. Commissioner Atkins stated that the original proposal for the Commission retreat is not recalled. Mayor Palmer stated that proceeding with only three Commissioners in agreement is not a good idea. City Manager McNees stated that the Commission can provide direction to the City Manager, the City Auditor and Clerk, and the City Attorney to schedule a Commission retreat concerning roles, BOOK 55 Page 26390 10/20/03 2:30 P.M. BOOK 55 Page 26391 10/20/03 2:30 P.M. interpersonal action, etc.; that additional formal action is not necessary. Vice Mayor Martin stated that the recollection is the Commission previously provided direction to schedule a retreat. Commissioner Atkins stated that providing direction to schedule a Commission retreat at this time is supported. Vice Mayor Martin stated that a retreat will serve the Commission well. B. stated that during the discussion of the Agenda Item concerning the design and construction proposal for City Hall and the Annex space at the October 6, 2003, Regular meeting, an issue concerning funding for the homeless coalition was raised; that approving funding for renovations inside City Hall two months after the fiscal year (FY) 2003/04 budget workshop sessions was not considered appropriate, especially if the City cannot come up with $10,000 or $20,000 to assist with the homeless effort; that to clarify, a request for an appropriation for the Manatee/Sarasota Continuum of Care which is a homeless service and serves as a coordination umbrella for Sarasota and Manatee Counties has never come before the Commission. C. referred to an October 20, 2003, letter to the Mayor from Michael Furen, Law Firm of Icard, Merrill, Cullis, Timm, Furen & Ginsburg, P.A., regarding the Request by Sarasota County for Reconsideration of Site Plan Application No. 03-SP-11 as incorporated in Resolution No. 03R-1634 for the Proposed SCAT Bus Transier Facility on Site Located on Northeast Corner of Lemon Avenue and First Street, and an October 15, 2003, letter to the Mayor from James Ley, Sarasota County Administrator, regarding the Sarasota County Area Transit (SCAT) transfer facility; and asked the status of the SCAT transfer facility and if discussions are ongoing with Sarasota County? Mayor Palmer stated that City Manager McNees was requested to provide an update concerning the status of the SCAT transfer facility which will be provided later in the meeting. D. stated that a significant number of discussions regarding use of the City Attorney's Office have taken place at the Commission table; that a report previously provided by the Finance Director raised questions as to external versus internal legal costs; that the report was good; that the efforts of the Finance Director and Staff are appreciated; that the report regarding possible efficiencies and reorganization to achieve cost savings identified by the City Attorney's Office is also appreciated; that the information provided has addressed some concerns raised by the Commission. COMMISSIONER BILYEU: A. stated that bringing forth a request for an appropriation for the Manatee/Sarasota Continuum of Care to fund the homeless coalition is encouraged. B. stated that the Elected Municipal Officers Seminar in Orlando, Florida, was attended the weekend of October 18, 2003; that many other Commissioners around the State were met; that many small cities exist in the State; that the advanced class will be held in December 2003; that attendance is anticipated; that the seminar was enjoyable and provided an excellent learning experience. C. asked the status of the ordinance for the additional homestead exemption for qualified citizens? City Manager McNees stated that the intention of the Finance Director is to have an ordinance prepared before December 2003; that the Administration will verify the status of the ordinance. MAYOR PALMER: A. stated that four Commissioners attended the opening of the Chandler Funeral Home on Dr. Martin Luther King, Jr., Way (Dr. MLK Way) on Sunday, October 19, 2003; that Commissioner Bilyeu was enrolled in the Elected Municipal Officers Seminar and could not attend; that the opening was wonderful; that the Chandler Funeral Home is the first business completed in the Enterprise Zone; that Commissioner Atkins did an excellent job introducing the Chandler Funeral Home to the community- BOOK 55 Page 26392 10/20/03 2:30 P.M. BOOK 55 Page 26393 10/20/03 2:30 P.M. B. stated that the Administration has been requested to provide information concerning the SCAT transfer facility; that the Administration has also been requested to address the Environmentally Sensitive Lands program; that the County put before the voters a referendum concerning the issuance of a bond to purchase and preserve environmentally sensitive lands on March 9, 1999; that the referendum was approved by the voters, which included voters from the City; that the City has not identified any property within the City which comes close to meeting the Environmentally Sensitive Lands criteria; that the City should identify any private properties within the City which may come close or meet the criteria; that the City should conduct an analysis; that the City Manager previously indicated an analysis may be in process. Citv Manager McNees stated that the recollection is the Commission previously discussed identifying City property which may qualify as Environmentally Sensitive Lands; that a master list of City property which may qualify as Environmentally Sensitive Lands has not been compiled to his knowledge; that the City has a relatively small amount of property which has never been developed; that Staff could attempt to identify if any of the property could meet the criteria. Mayor Palmer stated that basic information may be available through historic evaluations and surveys; that the opportunity to qualify for the acquisition of City property as Environmentally Sensitive Lands should not be missed. City Manager McNees stated that the terms historic, archeological, and environmentally sensitive are very different; that a level of scientific sophistication exists if identifying properties for acquisition for environmental preservation; that the City does not have Staff with environmental expertise; that Staff could be approached regarding an analysis to identify City properties; that The Nature Conservancy, which has been employed by Sarasota County as the acquisition agent to negotiate with property owners to acquire environmentally sensitive lands, may be able to assist the City in identifying environmentally sensitive lands within the City limits; that other resources with environmental expertise are available in the City to provide assistance. Mayor Palmer stated that placing more responsibility on Staff is not a desire; that Staff is overworked in many instances. Commissioner Atkins stated that Sarasota County may have a list of Sarasota County properties which qualify as Environmentally Sensitive Lands; that City property could possibly abut some of the Sarasota County property. Mayor Palmer stated that Sarasota County has a list in the unincorporated area; that hearing no objections, the Administration should discuss with Staff if the City has a way of identifying City property which may qualify for acquisition as Environmentally Sensitive Lands. Commissioner Bilyeu stated that the recollection was the issue was discussed and a representative of Sarasota County indicated a willingness to help. Vice Mayor Martin stated that clear direction to pursue the identification of Environmentally Sensitive Lands in the City was previously given to the Administration; that nothing has happened which is another example of stalling; that The Nature Conservancy was discussed; that The Nature Conservancy is in the Rosemary District on Fifth Street; that The Nature Conservancy is willing to contract with the City to perform the work; that the Commission discusses environmental issues; however, the work is never conducted; that environmental issues are being developed as a strategy in the Strategic Plan which will provide a method; that Environmentally Sensitive Lands as currently defined will not be found within the City limits which is a concern; that the issue which was previously raised was to change the criteria for Environmentally Sensitive Lands; that changing the criteria will allow the City to receive funding and will assist in restoring lands to a more natural condition; that the City should pursue changing the criteria; that discussions have been held with Sarasota County and City Staff and are ongoing; that a willingness to review and redefine the criteria for Environmentally Sensitive Lands will exist once some major portions of the acquisition program for Environmentally Sensitive lands are established. Mayor Palmer stated that the criteria being used for Environmentally Sensitive Lands is a problem since the City does not likely have too many environmentally sensitive sites; that the Administration should investigate the manner in which to work with Sarasota County to identify any possible environmentally sensitive lands in the City and changing the criteria. BOOK 55 Page 26394 10/20/03 2:30 P.M. BOOK 55 Page 26395 10/20/03 2:30 P.M. City Manager McNees stated that contracting with The Nature Conservancy will cost money and funding has not been set aside; that the program must be administered; that Sarasota County may be open to allowing the City to use some administrative funding for the City's program since the City provides major funding toward the Environmentally Sensitive Lands program; that he will work with Sarasota County. Mayor Palmer requested that the City Manager provide a report concerning the status of the SCAT transfer facility. City Manager McNees stated that the City should follow the City's administrative processes and maintain the integrity of the City's land development regulations; that a challenge to the issue regarding the SCAT transfer facility is probable regardless of the outcome of the situation. City Attorney Taylor stated that he met with the City Manager, the City Auditor and Clerk, and other members of the administrative Staff to review the procedures under the Zoning Code (2002 Ed.) which could be applicable to Sarasota County's request for the Commission to reconsider its action on the site plan for the SCAT transfer facility; that the public hearing process was quasi- judicial in nature and has been held and closed; that deliberations were conducted by the Commission, resulting in a vote; that the Applicant's remedy, at this point in time, is to appeal the decision of the Commission under the Rules of Appellate Procedure; that the Zoning Code (2002 Ed.) provides a process for a rehearing, which must be based upon fraud, mistake, or a misrepresentation, with the determination of the Commission on the matter of the rehearing being required within ten days of the public hearing; that no other process is provided in the Zoning Code (2002 Ed.) to reopen the matter; that the time for a rehearing has expired; that no impediment exists under the terms of the Zoning Code (2002 Ed.) which would prohibit the filing of a new site plan; however, the review and approval process would begin anew. Mayor Palmer stated that the understanding is Sarasota County has developed possible alterations to the original site plan; that Sarasota County has plans to file an altered site plan; that the difficulty regarding the issue at this time is the grant from the State; that the grant will perhaps be lost by the end of 2003, if development does not commence. City Attorney Taylor stated that issues concerning the grant are not known; that the issue was examined from the perspective of the integrity of the City's processi that the grant issue has nothing to do with the standards by which the City judges the site plan; that affected persons who also have rights were involved in the process; that any discussion concerning the issue is a matter of due process and should involve all parties; that the belief is the City does not have a process which can be followed at this time. Mayor Palmer stated that a re-filing by Sarasota County will be necessary. Vice Mayor Martin stated that the Commission has no information concerning a proposed re-filing by Sarasota County; and asked if Staff is aware of any proposed action by Sarasota County? V. Peter Schneider, Deputy City Manager, came before the Commission and stated that Sarasota County would be required to submit a site plan which would reinitiate the process with the City; that no one in the City's Staff has seen a revised site plan. Mayor Palmer stated that the October 15, 2003, letter to her from County Administrator James Ley requests the Commission reconsider the denial of the site plan at the November 3, 2003, Regular meeting; that Staff has indicated a reconsideration is not possible. City Manager McNees stated that Sarasota County's intent is to either redesign or reconfigure the existing site plan as proposed to overcome the technical objections which were raised. Vice Mayor Martin asked if concerns regarding grant funding were raised by Sarasota County? City Manager McNees stated that concerns regarding grant funding were not raised with him personally. Mayor Palmer stated that the site plan was denied; that a new site plan would be required to go through the City's processi that the Commission did not deny the actual site; that other issues are involved in terms of the agreements with Sarasota County; that the issues continue as a part of the conversation concerning the SCAT transfer facility; that discussing the issues in detail should not continue since the issue is quasi-judicial in nature; that the City is communicating with Sarasota County to identify ways to work cooperatively to overcome difficulties. BOOK 55 Page 26396 10/20/03 2:30 P.M. BOOK 55 Page 26397 10/20/03 2:30 P.M. City Manager McNees stated that the Administration will be responding to the October 15, 2003, letter from County Administrator Ley by October 21, 2003; that the first step was to discuss the issue with the Commission. On motion of Commissioner Atkins and second of Commissioner Bilyeu, it was moved to extend the meeting beyond the scheduled time of 9:30 p.m. to complete the Agenda. Motion carried unanimously (5 to 0): Bilyeu, yes; Martin, yes; Palmer, yes; Servian, yes; Atkins, yes. Commissioner Atkins stated that a willingness exists to review a site plan in another location. Mayor Palmer stated that discussions have taken place regarding the possibility of other locations for the SCAT transfer facility within the Downtown core; that the out.come of the discussions is not known. City Manager McNees stated that County Staff has not expressed any interest in submitting a site plan for another location. Mayor Palmer stated that discussions have been held with some of the Sarasota Board of County Commissioners (BCC); that an open mind to consider a site plan for a new location was indicated. C. stated that the report provided by the City Attorney based on information from the Finance Director regarding a change in the requirements for outside counsel and an attempt to reduce internal attorney costs is a step in the right direction; that the efforts of City Attorney Taylor are appreciated; that the City should do anything possible to reduce legal costs; that costs for outside counsel and the amount of time charged is a concern; that the amount of money is not the only concerni that the level of service being received is also a concern; that the goal is to reduce costs and have oversight regarding costs for outside counsel; that the City depends on the City Attorney's Office to ensure outside counsel costs are kept at a minimum; that outside counsel is sometimes not hired through the City Attorney's Office which is a problem; that the process for hiring outside counsel and the manner in which outside counsel reports to the City should be researched; that sufficient information is not available to make a final decision; that the City should continue as suggested by the City's Attorney's Office which is to continue with measures to attempt to reduce costs and to review the costs associated with outside counsel; that costs can be reviewed during the fiscal year (FY) 2004/05 budget process; that another evaluation concerning costs and level of service will be performed. City Attorney Taylor stated that tracking the costs is a time consuming project and is having an impact on the operations of the City Attorney's Office and at City Hall due to the concern for the level of service; that some important things have been done; that some in-depth information will be provided to the Commission; that a suggestion is to continue as usual and to review the progress made during FY 2004/05 budget process; that statistics will indicate the reason if progress has not been made. Vice Mayor Martin stated that the direction seems deliberative and sensible. Mayor Palmer stated that the City Attorney's Office is requested to continue with measures to attempt to reduce costs and to review the costs associated with outside counsel; that outside counsel costs is an important issue. 28. OTHER ATTIRSAIMDESTANTIVI OFFICERS (AGENDA ITEM XVII) CD 9:31 through 9:42 CITY MANAGER MCNEES: : A. stated that the Commission authorized the Administration to develop a park improvement plan based on the concept plan for the first phase of improvements to Fredd Atkins Park, not to exceed $73,000; that keeping the promise to build the park while meeting the will of the community is difficult; that Staff of the Newtown Redevelopment Office is requesting the Commission provide leeway concerning the imposed December 2003 deadline; that Staff is requesting the project be slightly broadened; that Staff is also requesting permission to advertise some modification to the Community Development Block Grant (CDBG) funding which make some funds available for the park; that details are not available at this time and can be available as an Agenda Item at the November 3, 2003, Regular meeting, if the Commission agrees; that the BOOK 55 Page 26398 10/20/03 2:30 P.M. BOOK 55 Page 26399 10/20/03 2:30 P.M. request at this time is only to allow Staff to run an advertisement; that the goal is to keep the process moving forward. Commissioner Atkins stated that the suggestions for broadening the project by Staff will slightly delay the processi however, the resulting product will satisfy the community; that the community supports the improvements. Mayor Palmer stated that the citizens were adamant the park be completed by December 25, 2003; that Commissioner Atkins will be responsible for informing the citizens of the slight delay. Commissioner Atkins stated that he will be happy to inform the citizens. Vice Mayor Martin stated that he was requested by the Coalition of African American Leadership to include a scheduled presentation on the Agenda of the November 3, 2003, Commission meeting; that the request was communicated to the City Auditor and Clerk. B. stated that V. Peter Schneider, Deputy City Manager, will remain with the City which is appreciated; that Mr. Schneider has done some excellent work for the City; that the responsibilities of Mr. Schneider will be broadened to provide a challenge. 29. ADJOURN (AGENDA ITEM XVIII) CD 9:42 There being no further business, Mayor Palmer adjourned the Regular meeting of the City Commission of October 20, 2003, at 9:42 p.m. - a 41 LOu ANN R. PALMER, MAYOR a 2 ATTEST: 3 aWs Rebenoon 8 BILLY BC ROBINSON, CITY AUDITOR AND CLERK