BOOK 51 Page 23265 05/20/02 6:00 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF MAY 20, 2002, AT 6:00 P.M. PRESENT: Mayor Carolyn J. Mason, Vice Mayor Lou Ann R. Palmer, Commissioners Richard F. Martin, Mary J. Quillin, and Mary Anne Servian, City Manager Michael A. McNees, City Auditor and Clerk Billy E. Robinson, and Attorney Michael A. Connolly, City Attorney's Office ABSENT: City Attorney Richard J. Taylor PRESIDING: Mayor Mason The meeting was called to order in accordance with Article III, Section 9(a) of the City of Sarasota Charter at 6:00 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. PRESENTATION RE: CERTIFICATES OF APPRECIATION TO A TEAM OF CITY OF SARASOTA EMPLOYEES ASSIGNED THE RESPONSIBILITY TO IMPLEMENT THE CITY'S SARASOTA MOBILE HOME PARK RELOCATION PLAN CD 6:00 through 6:06 Mayor Mason requested that the City employees who implemented the Sarasota Mobile Home Park (SMHP) Relocation Plan join her and the Commission before the Commission table and that City Manager McNees join her to make the presentation; and stated that in 1994, the Commission made a decision to close the SMHP and adopted a relocation plan to insure suitable housing for the residents. City Manager McNees stated that the team of City employees implemented the SMHP Relocation Plan to assist with the relocation of SMHP residents in an exemplary manner and helped every resident of the SMHP relocate successfully; that all the mobile homes were either moved or purchased by the City; that the SMHP was closed in early May 2002 with no remaining residents, no evictions, no lawsuits, and no problems; that residents moved cooperatively out of the SMHP; that the Staff team accomplished an amazing feat; and read the Certificate of Appreciation in its entirety and presented Certificates to the Staff team members as follows: V. Peter Schneider, Deputy City Manager; Nancy Carolan, Director of General Services, Donald Hadsell, Director of Housing and Community Development, Robert Schanley, General Services, Georgina Sancho, Office of Housing and Community Development, Michael Connolly, City Attorney's Office, Aurelio Vasquez, General Services, Francisco Rivera, General Services, Isidro Gomez, General Services, and Tony Tucci, General Services. City Manager McNees stated that the team's commitment to the City's SMHP Relocation Plan and the Commission's support are appreciated. 2. PRESENTATION RE: RECOGNITION OF JAY FRANK FOR BEING NAMED FLORIDA PUBLIC INFORMATION OFFICER (PIO) OF THE YEAR BY THE FLORIDA LAW ENFORCEMENT PUBLIC INFORMATION OFFICERS ASSOCIATION CD 6:07 through 6:08 Mayor Mason requested that Jay Frank, Public Information Officer, Sarasota Police Department (SPD), join her and the Commission at the Commission table; and stated that Officer Frank was named Florida Public Information Officer (PIO) of the Year for 2001 by the Florida Law Enforcement Public Information Officers Association; that the Public Information Officer of the Year award is presented to the PIO who demonstrates an outstanding public image through campaigns, programs, and ideas resulting in a positive public image for the nominee's agency; that the award represents the PIO's response to external situations such as crime scenes, natural disasters, or other community crises; that the award also represents the PIO's response to internal situations such as the use of deadly force, officers arrested, and sensitive internal investigations; and congratulated Officer Frank on the award. Officer Frank stated that the Florida Law Enforcement Public Information Officers Association is comprised of 160 PIOS from agencies across Florida; that each year a training conterence is held and awards presented; that appreciation is expressed to Vice Mayor Palmer for sponsoring the nomination letter and to the SPD for consistent support of officers; that the Public Information Officer of the Year award was presented at a banquet in Ft. Pierce on May 9, 2002, and is greatly appreciated. Mayor Mason stated that Officer Frank is a dedicated employee and an asset to the SPD. BOOK 51 Page 23266 05/20/02 6:00 P.M. BOOK 51 Page 23267 05/20/02 6:00 P.M. 3. PRESENTATION RE: : BRACHLE AWARD RECOGNIZING BOB BRACHLE, F DERRICK ROBBINS AND JACK KING FOR THE CITIZEN POLICE VOLUNTEER PROGRAM CD 6:08 through 6:16 Mayor Mason requested that William Wall III, Police Lieutenant, Sarasota Police Department (SPD), join her and the Commission before the Commission table and that Commissloner Servian join her to make the presentation. Commissioner Servian stated that the Brachle Award honors volunteers from the City's Citizen Police Volunteer Program; that the Bob Brachle award was initiated to honor one individual Citizen Volunteer who stood out above the rest; that the rest of the Citizen Volunteers are now being measured against this individual; and requested that Bob Brachle, Jack King, and Derrick Robbins join her, the Mayor, and the Commission at the Commission table. Lieutenant Wall stated that the Citizen Police Volunteer Program was started two years ago by the SPD, is an important part of the City policing strategy, and utilizes ordinary citizens to serve the community in various capacities such as patrolling the Downtown Business District and neighborhoods, performing traffic counts, and administrative tasks within the SPD; that the Citizen Police Volunteer Program is successful due to the people involved; that the people involved in the Citizen Police Volunteer Program represent all the neighborhoods in the City and a variety of professions; that the Citizen Volunteers have a commitment to making the community a better place to live; that the City is honoring the three hardest-working volunteers. Lieutenant Wall continued that the Citizen Volunteer award was named after Bob Brachle, who received the 2001 Citizen Volunteer Award; that Bob Brachle symbolizes hard work, dedication, and optimism and spent most of his volunteer time patrolling Downtown on Main Street in his wheelchair; that Bob Brachle sets a high measure for other Citizen Volunteers to achieve; that two other volunteers met the high standard established by Bob Brachle: Jack King and Derrick Robbins; that typically, the Bob Brachle award goes to one person; however, both Jack King and Derrick Robbins served admirably, are hard working, dedicated, and share the optimism of Bob Brachle; that the Citizen Volunteers are worthy recipients of the Bob Brachle award; that the City appreciates the efforts of the award recipients. Commissioner Servian read the Certificate of Appreciation to Bob Brachle indicating appreciation for exemplary service as a member of the Citizen Police Volunteer Program in the year 2000/01; and stated that the award was created in his honor; that future members of the Citizen Police Volunteer Program matching his dedication, work ethic, and energizing optimism will be eligible for the award; that the City extends sincere thanks for the performance of community volunteer service such an exemplary manner; presented the Certificate of Appreciation to Bob Brachle for his selection as the 2000/01 Police Volunteer of the Year Award on behalf of the Mayor and Commission; and congratulated Bob Brachle for having the award named in his honor. Commissioner Servian read the Brachle Certificates of Appreciation to Jack King and Derrick Robbins indicating outstanding service as members of the Citizen Police Volunteer; and stated that service was performed in such a manner as to embody the same dedication, work ethic and energizing optimism recognized by the Brachle Award; that people who visit, shop, and work in the City are fortunate to have dedicated volunteers who patrol regularly to help maintain the quality of life and public safety expected in the Cityi and presented Brachle Certificates of Appreciation to Jack King and Derrick Robbins on behalf of the Mayor and Commission to recognize the volunteer community service of Jack King and Derrick Robbins. 4. PRESENTATION RE: CERTIFICATES OF APPRECIATION TO FINANCIAL SUPPORTERS OF THE SOAR (SARASOTA OPENLY ADDRESSES RACISM) SYMPOSIUM HELD APRIL 20, 2002 CD 6:16 through 6:23 Mayor Mason requested that Mary Ann Andrews, Executive Director, Drug Free Communities, join her before the Commission to make the presentations. Mayor Mason stated that Certificates of Appreciation are being presented to the financial supporters of SOAR; that the second annual SOAR Symposium was held April 20, 2002; that SOAR provides a community-wide dialog concerning racism; that the City's SOAR partner, Drug Free Communities, created the awards; and requested the following individuals join her and the Commission before the Commission table for the presentations: BOOK 51 Page 23268 05/20/02 6:00 P.M. BOOK 51 Page 23269 05/20/02 6:00 P.M. Ed James, "Black Almanac," WWSB-TV Channel 40; John Nopper, Access 19; Access 19; Richard Cucarro, Study Circles; Peggy Roberts, the Goodwill Foundation; Yolanda Ryan, Innovative Health Care Systems; Henry Blyden, Kappa Alpha Psi; and J.H. Floyd Mayor Mason presented each supporter with a certificate. Ms. Andrews stated that a Certificate of Appreciation is also presented to the City of Sarasota for the involvement in and support of SOAR; that the 2002 SOAR Symposium attracted a 65 percent increase in attendance over the 2001 SOAR Symposium; that SOAR reaches a wide audience; that Discover Sarasota, a treasure hunt for the assets of cultural diversity in the City, will be launched in fall of 2002; that SOAR has been doing follow-ups on Live, Work, Play and Pray activities in the community; that SOAR initiatives for young people in the community are being planned; and presented a Certificate of Appreciation to the Mayor in recognition of the City's leadership regarding the SOAR program. Mayor Mason stated that Certificates of Appreciation are also awarded to the following groups and individuals not present: Booker High School; Sarasota Ford; Attorney David Band; The Harriet and Raymond Brush Charitable Foundation; The Tarr Family Charitable Family Foundation; The Florida National Guard Demand Reduction Program. Mayor Mason continued that the SOAR Program is important; that SOAR has many more people and groups to reach. 5. CHANGES TO THE ORDERS OF THE DAY = APPROVED CD 6:24 through 6:28 City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Add under Consent Agenda No.1, Item No. III.A.13, Approval Re: Lido Key Beach Sediment Aesthetic Enhancement ("White Sand") Project, and "Revised" Memorandum of Agreement with the Department of the Army, per the request of the City Engineer/Director Daughters. B. Add under Consent Agenda No.1, Item No. III.A.14, Approval Re: Letter of support for use FY03 Byrne grant funds by Sarasota County for the Juvenile Assessment Center and Mental Health Court, per the request of City Manager McNees. C. Remove under Consent Agenda No. 1, Item No. III-A-4, approval Re: Lido Beach Erosion Control for the Long- Range Budget Plan for Lido Beach for FY 2003-2013, per the request of Dennis Daughters, Director of Engineering/City Engineer. Vice Mayor Palmer asked the reasons Items A and B were added and could not be placed on the Agenda for the June 3, 2002, Regular Commission meeting? City Manager McNees stated that Staff requested adding Item A as the US Army Corps of Engineers (USACE) submitted the agreement with a short timeline; that the USACE requires an immediate response regarding the beach project; that Item B has a deadline of June 4, 2002, which could not be met if postponed until the June 3, 2002, Regular Commission meeting. Commissioner Quillin stated that the meeting concerning the Byrne Grant was held over a month ago and asked the reason the submission occurred at the last minute? City Manager McNees stated that source document may have been received by the City early enough to have made the Agenda deadline, which is the reason adding the item to the Agenda was considered appropriate; that the source document was probably received the day of the Agenda deadline. Commissioner Quillin asked the reason for the delay. City Manager McNees stated that no delay may have occurred; that the item was probably received the day after the Agenda deadline; that meetings had just been held concerning not adding items to the Agenda unless critical; that this item was carefully reviewed and considered important to add to the Agenda to be cooperative with the County. Vice Mayor Palmer stated that in the future, last-minute additions to the Agenda should be carefully scrutinized and must be critical for addition after the Agenda deadline. BOOK 51 Page 23270 05/20/02 6:00 P.M. BOOK 51 Page 23271 05/20/02 6:00 P.M. On motion of Vice Mayor Palmer and second of Commissioner Servian, it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. 6. APPROVAL RE: MINUTES OF THE JOINT SPECIAL SARASOTA CITY COMMISSION AND COMMERCIAL VEHICLE AD HOC COMMITTEE OF APRIL 1, 2002, REGULAR SARASOTA CITY COMMISSION MEETING OF MAY 6, 2002, AND SPECIAL SARASOTA CITY COMMISSION MEETING OF MAY 8, 2002 - APPROVED (AGENDA ITEMS I-1, -2, -3) CD 6:29 through 6:29 Mayor Mason asked if the Commission had any changes to the minutes? Mayor Mason stated that hearing no changes, the minutes of the Joint Special City Commission and Commercial Vehicle Ad Hoc Committee of April 1, 2002, the Regular Sarasota City Commission Meeting of May 6, 2002, and the Special Sarasota City Commission Meeting of May 8, 2002, are approved by unanimous consent. 7. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13 AND 14 - APPROVED; ITEM NO. 4 - REMOVED UNDER CHANGES (AGENDA ITEM III-A) CD 6:29 through 6:30 1. Approval Re: Expenditure for the Florida Historical Committee Meeting Reception 2. Approval Re: Authorize the Mayor to execute a letter of consent regarding the merger of Comcast Corporation and AT&T Broadband 3. Approval Re: Authorize the Mayor to execute the Memorandum of Agreement between the City of Sarasota and Florida Department of Transportation (FDOT) for the First Amendment to FDOT Agreement for the Downtown Sarasota Mobility 5. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Interagency Agreement between the University of Florida and the City of Sarasota for the Sarasota Bay National Estuary Program, (SBNEP) for continuing Florida Yards and Neighborhoods Research to be performed by the University of Florida 6. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the revised Performance Agreement between the City of Sarasota and BellSouth Mobility,. LLC, for a commercial wireless telecommunication facility to be located at 1801 North Washington Boulevard (Barry's Trailers) 7. Approval Re: Award of contract and authorize the Mayor and City Auditor and Clerk to execute a contract between the City of Sarasota and Vanasse Hangen Brustlin, Inc., in the amount of $13,745 for professional environmental consulting services 8. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Second Amendment Extension to the Agreement between the City of Sarasota and Nutri- Source, Inc., (Bid #00-23H) for the sale of compost 9. Approval Re: Award of contract and authorize the Mayor and City Auditor and Clerk to execute a contract between the City of Sarasota and Kuxhausen Construction, Inc., (Bid #02-35M) in the amount of $349,969.50 for the replacement of an 8-inch gravity sewer with associated manholes and services and construction of a new 6-inch water main, also with associates services on Adelia Avenue from Main Street to Fruitville Road 10. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a contract between the City of Sarasota and Kimley-Horn and Associates, Inc. (R.F.P. #49H) for the Second Extension of the Agreement for Landscape Architectural Services 11. Approval Re: Authorize the Administration to negotiate and the Mayor and City Auditor and Clerk to execute a contract between the City of Sarasota and Bellomo-Herbert and Company, Inc., (R.F.P. #02-29M) to provide consultant services for development of Payne Park 12. Approval Re: Authorize the advertisement of the draft 2002-2003 Action Plan 13. Approval Re: Lido Key Beach Sediment Aesthetic Enhancement ("White Sand") Project, and "Revised" Memorandum of Agreement with the Department of the Army, per the request of the City Engineer/Director Daughters. 14. Approval Re: Letter of support for use FY03 Byrne grant funds by Sarasota County for the Juvenile Assessment BOOK 51 Page 23272 05/20/02 6:00 P.M. BOOK 51 Page 23273 05/20/02 6:00 P.M. Center and Mental Health Court, per the request of City Manager McNees. On motion of Commissioner Quillin and second of Commissioner Servian, it was moved to approve Consent Agenda No. 1, Items Nos. 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, and 14. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. 8. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 02R-1502) ADOPTED ; ITEM 2 (RESOLUTION NO. 02R-1503) - ADOPTED ; ITEM 3 (RESOLUTION NO. 02R-1504) - ADOPTED ; ITEM 4 (ORDINANCE NO. 02-4346) = ADOPTED; ITEM 5 (ORDINANCE NO. 02-4362) ADOPTED ; ITEM 6 (ORDINANCE NO. 02-4374) ADOPTED; AND ITEM 7 (ORDINANCE NO. 02-4377) ADOPTED (AGENDA ITEM III-B) CD 6:30 through 6:35 1. Adoption Re: Proposed Resolution No. 02R-1502, appropriating $250,000 from the unappropriated fund balance of the Penny Sales Tax Fund to advance fund $250,000 of the $1,000,000 allocated in the Penny Sales Tax Fund scheduled in the Fiscal Year 2002/03, in order to fund the planning and development expenses plus landscape and engineering services for development of Payne Park; etc. 2. Adoption Re: Proposed Resolution No. 02R-1503, indicating support for the Lido Beach Erosion Control Project and willingness to provide the necessary local fund match; setting forth findings; etc. (Title Only) 3. Adoption Re: Proposed Resolution No. 02R-1504, supporting Federal funding of coastal projects; setting forth findings; etc. (Title Only) 4. Adoption Re: Proposed Ordinance No. 02-4346, to rezone a parcel of real property consisting of + .29 acres located generally at the southwest corner of Fruitville Road and Lockwood Ridge Road with a street address of 3192 Fruitville Road from the Multiple-Family Residential-2 (RMF-2) Zone District to the Office Professional Business (OPB) Zone District, as more particularly described herein; approving Site Plan Application No. 01-SP-20 to allow an office building to be constructed upon the above-described rezoned property; providing for conditions of this rezoning, inclusive of a proffered site plan; etc. (Title Only) (Application Nos. 01-RE-08 and 01-SP-20, Applicant Jessie Cristello and Gail Cristello, as owners) 5. Adoption Re: Proposed Ordinance no. 02-4362, to amend Ordinance No. 00-4234 by the substitution of Site Plan Application No. 02-SP-11 for the previously approved site plan submitted with Application No. 00-SP-14 pertaining to the construction of offices located at 3277 Fruitville Road; said property being zoned Office Professional Business (OPB) and located on t 2.6 acres, as more particularly described herein; approving the substituted Site Plan Application No. 02-SP-11 depicting six office buildings consisting of + 24,000 square feet in lieu of the previously approved two-story office building consisting of t 31,200 square feet; amending the conditions of approval; repealing ordinances in conflict; etc. (Title Only) (Application Nos. 02-ROA-02 and 02-SP-11, Applicant Joel J. Freedman, AICP, Freedman Consulting Group, Inc., as agent representing Larry E. Sewell and James C. Rutledge, co-trustees of the Fruitville Land Trust, as owners) 6. Adoption Re: : Proposed Ordinance No. 02-4374, amending the Zoning Code (1998 ed.) to add a student youth representative from the STAR Program to the membership of the Public Art Committee; setting forth findings; repealing ordinances in conflict; etc. (Title Only) (Application No. 02-ZTA-02, Applicant City of Sarasota) 7. Adoption Re: Proposed Ordinance No. 02-4377, to rezone a t .24 acre site located + 100 feet north of the intersection of Tuttle Avenue and Bahia Vista Street from the Single-Family Residential-4 (RSF-4) Zone District to the Office, Professional Business (OPB) Zone District, as more particularly set forth herein; said property being located at 1117 South Tuttle Avenue; providing for conditions of the rezoning; etc. (Title Only) (Applicant Bruce Franklin, Land Resources Strategies, Inc., as agent representing China Healing Center, Inc., as contract vendee, and Mary J. Embry, as owner) City Auditor and Clerk Robinson read proposed Resolution No. 02R-1502 in its entirety and proposed Resolution Nos. 02R-1503 and 02R-1504 and proposed Ordinance Nos. 02-4346, 02-4362, 02-4374, and 02-4377 by title only. BOOK 51 Page 23274 05/20/02 6:00 P.M. BOOK 51 Page 23275 05/20/02 6:00 P.M. On motion of Commissioner Martin and second of Commissioner Servian, it was moved to adopt Consent Agenda No. 2, Item Nos. 1 through 7, inclusive. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0) : Martin, yes; Mason, yes; Palmer, yes; Quillin, yes; Servian, yes. Mayor Mason requested that City Auditor and Clerk Robinson explain the public hearing sign-up process. City Auditor and Clerk Robinson 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 City Auditor and Clerk Robinson. 9. NON QUASI-JUDICIAL PUBLIC HEARING RE : PROPOSED BAYOU OAKS AND POINSETTIA PARK TRAFFIC CALMING MASTER PLANS DEVELOPED BY TRAFFIC CONTROL TASK FORCE COMMITTEES - APPROVED THE BAYOU OAKS TRAFFIC CALMING MASTER PLAN AND AUTHORIZED THE CONSTRUCTION OF SPEED TABLES ON MECCA DRIVE AND 32nd STREET ONLY AND CONTINUED THE HYDE PARK STREET PORTION OF THE POINSETTIA PARK TRAFFIC CALMING MASTER PLAN FOR UP TO 30 DAYS (AGENDA ITEM IV-A-1) CD 6:36 through 7:08 Mayor Mason opened the public hearing. Alexandrea Hay, Deputy Director of Engineering/Deputy City Engineer, and Natalie Rush, Transportation Planner, Engineering Department, came before the Commission. Ms. Hay referred to a map of the area included in the Bayou Oaks Traffic Calming Master Plan displayed on the Chamber monitors and stated that the area is bound on the north by University Parkway, on the west by US 41, on the east by the City limits and Central Avenue and on the south by Dr. Martin Luther King, Jr. Wayi that the Bayou Oaks Traffic Calming Task Force (Task Force) identified several streets of concerni that evaluations were performed to determine which streets met the requirements for traffic calming measures; that 32nd Street and Mecca Drive met the traffic calming requirements; that four speed tables should be constructed on Mecca Drive between Bradenton Road and U.S. 41 and three speed tables on 32nd Street between Bradenton Road and Central Avenue; that notices of an open house to gather neighborhood input were mailed to residents; that at the open house, 16 responses were in favor of and one opposed to placing speed tables on 32nd Street; that 19 responses were in favor of and none opposed to placing speed tables on Mecca Drive. Ms. Hay referred to a map of the area included in the Poinsettia Park Traffic Calming Master Plan displayed on the Chamber monitors and stated that the area, is bounded on the north by Hyde Park Street, on the east by US 41, on the south by Jasmine and on the west by Osprey Avenue; that the Task Force identified several streets of concern; that evaluations were performed to determine which streets met the requirements for traffic calming measuresi that Hyde Park Street was determined eligible for traffic calming measures and two speed tables should be constructed; that notices concerning an open house held to gather neighborhood input were mailed to residents; that at the open house, 6 responses were in favor and none opposed placing speed tables on Hyde Park Street; therefore, based on the Task Force's recommendation, approval is requested to construct speed tables on Mecca Drive, 32nd Street and Hyde Park Street. Vice Mayor Palmer stated that the size of type of reports for the Chamber monitors should be increased in the future to allow for ease of viewing. The following people came before the Commission: Alexander Boudreau, 1123 Guilford Lane (34234), David Roth, 1147 Mecca Drive (34234), Secretary and Treasurer of the Bayou Oaks Neighborhood Association, and Dan Dolan, 5010 North Royal Palm Avenue (34234). Mr. Boudreau stated that Bayou Oaks is an economically and socially diverse neighborhood; that Bayou Oaks is age diverse with students through retirees; that affordable housing is offered with environmentally desired features such as tree BOOK 51 Page 23276 05/20/02 6:00 P.M. BOOK 51 Page 23277 05/20/02 6:00 P.M. canopies; that Bayou Oaks is convenient to Downtown; that gratitude is extended to the City for assistance in neighborhood improvements; that the Bayou Oaks Neighborhood Association is growing; that the Association is working with Code Enforcement and the Sarasota Police Department (SPD) to increase the enforcement presence in Bayou Oaks; that several neighbors rallied for the Traffic Calming Master Plan; that traffic circles are requested at the intersection of Mecca Drive and Royal Palm Avenue and 47th Street and Bradenton Road; that Bayou Oaks will work with Staff to implement construction; that support from the Commission and Staff is appreciated. Mr. Boudreau continued that improvements are anticipated for Water Tower Park; that local disc golfers are very satisfied and will continue the 18-hole tournament-quality course; that the Association is happy to have the disc golfers in the neighborhood. Mr. Roth stated that two houses were purchased in Bayou Oaks over six years ago; that traffic has always been an issue; that traffic uses Mecca Drive and Bradenton Road as a shortcut to the eastern portion of University Parkway to avoid the three traffic lights on the western portion of University Parkway during the morning and afternoon rush hours; that SPD has responded well to complaints; that any measures to abate traffic are supported; that a neighbor was unable to attend the meeting but requested consideration of a concern; that the neighbor operates an in- home daycare and walks several children to the bus stop in the morning; that the three-block walk is unsafe; therefore, the neighbor petitioned the School Board to relocate the bus stop; that the bus now stops in front of her house; that any additional assistance regarding traffic abatement from the City will be appreciated. Mr. Roth further stated that the Bayou Oaks Neighborhood Association general assembly was held last week; that a record 40 residents attended; that one-third of the attendees live on a portion of Central Avenue which is in the County; that Commissioner Martin attended the general assembly; that hopes are for Commissioner Martin to speak with the County regarding a joint effort for traffic abatement; that Central Avenue is also being used to shortcut through 46th Street to Bradenton Road. Mr. Dolan stated that he has been a resident on Royal Palm Avenue close to Mecca Drive for 37 years; that five to six school buses travel Mecca Drive daily with several stopping at the intersection of Royal Palm Avenue and Mecca Drive; that school buses transporting children should not be subjected to the jolting effect of speed tables; that the estimated cost of a speed table is $3,500 each; that the estimated cost of a 4-way stop sign is $500 to $600 for the intersection; that the cost of the Royal Palm Avenue and Mecca Drive intersection could be $500 to $600 rather than $12,000; that a sidewalk exists from Old Bradenton Road to University Parkway; that the City should consider saving several thousand dollars. Commissioner Quillin asked if Poinsettia Park is represented at the current meeting. Mayor Mason stated that no one signed up representing Poinsettia Park. Commissioner Quillin stated that considering speed tables on Hyde Park Street having 27 residents with the approval of only 6 residents is a concern. Ms. Hay distributed a petition signed by residents supporting the installation of speed tables on Hyde Park Street; and stated that all property owners on the streets involved were noticed by mail of the open house; that the mailing does not determine the number of residents who will actually attend the open house. Commissioner Martin asked the alternatives to speed tables on Mecca Drive such as stop signs and the standard used to make the decision. Ms. Hay stated that 4-way or multi-way stop signs are traffic control devices; that placement of stop signs are dictated by the Manual of Uniform Traffic Control; that multi-way stop signs should not be used to slow vehicular speed; that multi-way stop signs are used to control traffic flow and must meet a certain set of standards and warrants; that traffic calming measures are approved by the City for residential streets with a different set of standards and warrants outlined in the Traffic Calming Master Plan; that the Citywide Traffic Calming Master Plan includes speed tables, neck-outs, and small traffic circles; that measures are usually selected to fit within the existing curb line to avoid widening a roadway due to funding constraints; that sidewalks, plantings, and cars parking on the street assist to slow traffic down; that traffic control devices are not evaluated for traffic calming purposes. BOOK 51 Page 23278 05/20/02 6:00 P.M. BOOK 51 Page 23279 05/20/02 6:00 P.M. Commissioner Servian asked the safety of 4-way stop signs? Ms. Hay stated that a 4-way stop sign is not respected if placed in a location which does not meet warrants; that a false sense of security is provided if drivers are not treating the 4-way stop sign properly. Commissioner Servian asked if 4-way stop signs could cause additional accidents if placed in the wrong setting? Ms. Hay stated yes; that additional problems could occur if a pedestrian is expecting a driver to stop and the driver does not stop. Commissioner Quillin stated that upon review of the presented petition, only seven properties on Hyde Park Street are represented; that several residents from the same address signed the petition; that she is currently working with a neighborhood in which residents have gone door-to-door to solicit support; and asked the origin of the name Poinsettia Park? Ms. Hay stated that the Task Force indicated the name was already established. Commissioner Quillin asked if the Neighborhood Association made up the name? Ms. Hay stated that a response is not known. There was no one else signed up to speak and Mayor Mason Closed the public hearing. Commissioner Quillin stated that the City already has a Poinsettia Park; that the name causes confusion; that a concern is the same six people who signed the petition are the same who attended the noticed meeting; that additional data is necessary from the neighborhood for consensus; that several extensive petitions were signed in District 3 to obtain speed tables in the past; that many residents receive a notice by mail but throw the notice awayi that the Neighborhood Association has a responsibility to build consensus. Ms. Hay stated that criteria for future traffic calming plans can be changed if desired by the Commission; that a prior Commission approved the steps of the traffic calming program to hold an open house followed by a public hearing; that the steps have been followed; that the program can be modified to include obtaining a certain number of signatures on a petition if the Commission desires; however, petitions are not a requirement at the present time; that notices are sent out; that unfortunately, attendance at the open houses can be low. Commissioner Quillin stated that the program should be reevaluated and similar to the City's Sidewalk Program; that the information provided indicates 7 residents represent 27 properties on two blocks; that the information provided is not acceptable. Mayor Mason stated that a motion could be made as an alternative to the Staff's recommendation for Hyde Park Street. Commissioner Quillin stated that the study of Hyde Park Street is unacceptable; that the appropriate motion should be to approve the Bayou Oaks Calming Master Plan. On motion of Commissioner Quillin and second of Vice Mayor Palmer, it was moved to approve the recommended Bayou Oaks Traffic Calming Master Plan and authorize construction of speed tables on Mecca Drive and 32nd Street only. Commissioner Martin stated that the Bayou Oaks Neighborhood improvements are supported; that the number of City Departments in attendance at the general assembly was impressive; that the Planning, Code Enforcement, Engineering, and Neighborhood Departments attended; that several Central Avenue County residents were concerned and upset about not being in the City and would like to receive some City services; however, the Central Avenue residents are not interested in being annexed into the Cityi that the City is taking the lead with traffic calming, which is impressive. Vice Mayor Palmer stated that support and encouragement is provided to the Neighborhood Association regarding traffic circles; that the Neighborhood Association is encouraged to continue searching for funding to assist the City in helping the neighborhoods help themselves. Mayor Mason stated that the same showing of City Department support was apparent at an open house in Newtown; that residents can see the City is supportive of neighborhood concernsi that residents and bus drivers are grateful the traffic calming devices have slowed traffic on 19th and 21st Streets; that BOOK 51 Page 23280 05/20/02 6:00 P.M. BOOK 51 Page 23281 05/20/02 6:00 P.M. traffic calming devices cause drivers to seek alternative routes. Mayor Mason called for a vote on the motion to approve the recommended Bayou Oaks Traffic Calming Master Plan and authorize the construction of speed tables on Mecca Drive and 32nd Street only. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. Mayor Mason asked if any motion concerning Hyde Park Street is forthcoming? Commissioner Quillin stated that the Commission took no action. On motion of Vice Mayor Palmer and second of Commissioner Servian, it was moved to continue the Hyde Park Street portion of the Traffic Calming Master Plan for 30 days. Commissioner Quillin stated that approval from a high percentage of residents is necessary to assure her support. City Manager McNees stated that the Commission should provide specific instructions to include a petition percentage if desired; that the neighborhood followed the process approved by a prior Commission; that the rules are being changed; that direction should be provided to revise the process or the threshold of percentages if the rules are being changed. Vice Mayor Palmer stated that the Commission is not trying to change the rules; that the concern is the lack of representation from the neighborhood of Hyde Park Street; that evidence of strong support is not available; that the neighborhood should have the opportunity to present supporting evidence. Commissioner Martin stated that the motion is not supported; that approval of Traffic Calming for the neighborhood of Hyde Park Street is supported; that a procedure is in place; that residents on Hyde Park Street were notified; that some residents chose to speak up to make changes; that some residents do not care; that trouble occurs if the regulations regarding numbers or percentages of residence are required; that the request for traffic calming was initiated by the residents; that a process was followed; that residents signed a petition, attended an open house, and voted affirmatively to approve the Traffic Calming Master Plan. Commissioner Quillin stated that no percentage of residents is being sought; that Staff worked toward a consensus regarding Wood Street; that originally Wood Street was scheduled for closure; that the impact to the neighboring streets would have been devastating; that residents of some neighborhood streets would like to have traffic calming; however, the streets do not meet the warrantsi; that the City sends out Staff to perform studies if a few calls are received regarding traffic calming; that the Department of Neighborhood Development should obtain some consensus in the neighborhood; that not everyone shows up at noticed open houses; that the suggestion is not to change the program; that the City can improve the internal channeling process; that the City's Sidewalk Program requires a percentage consensus to construct the sidewalks; that some streets do not have sidewalks as standards were not met; that a representation of 7 of all property owners is a concern. City Auditor and Clerk Robinson stated that 30 days is not required if the intent of the motion is to renotice residents on Hyde Park Street; that renoticing can occur within the next couple of days; that the item can be brought back to the June 3; 2002, Regular Commission meeting if desired. Vice Mayor Palmer stated that the motion could be not to exceed 30 days. Commissioner Quillin concurred but stated some neighbors may not be able to attend June 3, 2002, Regular Commission meeting. Mayor Mason stated that noticing the Hyde Park residents is acceptable; that the motion is supported; however, the procedures should not be changed. Commissioner Quillin stated that the representatives of the Neighborhood Association should continue going door-to-door to build neighborhood support. Mayor Mason called for a vote on the motion to continue the study of the Hyde Park portion of Traffic Calming Master Plan for up to 30 days. Motion carried (4 to 1): Martin, no; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. 10. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 02-4375, AMENDING THE ZONING CODE (1998 ED .) WITH RESPECT TO THE PROCEDURES OF THE PUBLIC ART COMMITTEE RELATING TO TIE VOTES; SETTING FORTH FINDINGS; REPEALING BOOK 51 Page 23282 05/20/02 6:00 P.M. BOOK 51 Page 23283 05/20/02 6:00 P.M. ORDINANCES IN CONFLICT; ETC. (TITLE ONLY) (APPLICATION NO. 02-ZTA-03) - PASSED ON FIRST READING (AGENDA ITEM IV-A-2) CD 7:08 through 7:10 Mayor Mason opened the public hearing. Sarah Schenk, Attorney, City Attorney's Office, came before the Commission and stated that proposed Ordinance No. 02-4375 amends the procedures for addressing tie votes of the Public Art Committee; that Zoning Text Amendment Application No. 02-ZTA-03 as incorporated in proposed Ordinance No. 02-4375 is to amend Section III-503, Zoning Code (1998 ed.), to require if a tie vote occurs in a matter which would be otherwise appealable to the Commission then the matter would automatically be submitted to the Commission for a final decision as if an appeal were filed; that at its April 3, 2002, meeting, the Planning Board/Local Planning Agency (PBLP) held a public hearing and found Application No. 02-ZTA-03 consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 edition, and recommends Commission approval; that no member of the public spoke at the April 3, 2002, PBLP public hearing. There was no one signed up to speak and Mayor Mason closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 02-4375 by title only. On motion of Vice Mayor Palmer and second of Commissioner Martin, it was moved to pass proposed Ordinance No. 02-4375 on first reading. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Mason, yes; Palmer, yesi Quillin, yes; Servian, yes; Martin, yes. 11. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM VI) CD 7:10 through 7:14 The following person came before the Commission: John Fulton, Post Office Box 48478 (34230), stated that an application for employment was submitted for the City Chief of Police position; that a reply was received indicating the application was incomplete; that a process is suggested whereby an application for a position can be made by entering only the applicant's name and identification number into a computer; that the computer would search the available databases for the applicant's history; that the computer would gather the information rather than requiring the applicant to complete the application in full; that the Commission should waive the application requirements, accept the submitted application for City Chief of Police, and allow the interview process to begin; that 30 years of employment experience should count as the equivalent of a bachelor's degree; that 20 years of experience in the community should warrant the courtesy of an interview; that the Sarasota Police Department has not responded regarding the many problems and crimes committed against him personally; that a positive response from the Commission regarding an interview for City Chief of Police position is requested; that responses to prior applications for Police Officer would be appreciated; that homelessness is not desired; that employment and a home are desired. 12. UNFINISHED BUSINESS: INTRODUCTION RE: : PROPOSED ORDINANCE NO. 02-4379, WHICH WILL BE PROCESSED AS ZONING TEXT AMENDMENT APPLICATION NO. 02-ZTA-04 REGARDING COMMERCIAL VEHICLES IN RESIDENTIAL ZONE DISTRICTS; ETC REFERRED TO THE PLANNING BOARD/LOCAL PLANNING AGENCY WITH REVISIONS (AGENDA ITEM VII-1) CD 7:15 through 7:50 Timothy Litchet, Director of Building, Zoning and Code Enforcement, came before the Commission and referred to the document entitled Staff Recommendations Regarding Commercial Vehicles and the third draft of proposed Ordinance No. 02-4379 included in the Agenda Backup material and stated that Zoning Text Amendment Application No. 02-ZTA-04 as incorporated in proposed Ordinance No. 02-4379 concerns the parking of commercial vehicles in residentially zoned districts; that at the April 1, 2002, joint Workshop with the Commission and the Commercial Vehicle Ad Hoc Committee (CVACH), Staff agreed to present the revisions of proposed Ordinance No. 02-4379 to the Commission for review and comment prior to submission to the Planning Board/Local Planning Agency (PLBP) for a public hearing; that Staff recommends the Commission refer proposed Ordinance No. 02-4379 to the PBLP for a public hearing. Commissioner Servian referred to Section C(1) (a) of proposed Ordinance No. 02-4379 as follows: Maximum weight: The visible commercial vehicle is less than or equal to 7,000 pounds net vehicle weight. BOOK 51 Page 23284 05/20/02 6:00 P.M. BOOK 51 Page 23285 05/20/02 6:00 P.M. Commissioner Servian stated that the empty vehicle weight (EVW) and the gross vehicle weight (GVW) ratings were the weight measures used in the previous draft of proposed Ordinance No. 02-4379; and asked the equivalency of the net vehicle weight (NVW) measure? Mr. Litchet stated that the NVW is the same as the EVW; that the State uses the term " empty vehicle weight"; that Staff recommends using the NVW measure rather than the GVW; that the 7,000-pound EVW is approximately equivalent to the 12,000-pound GVW; that the NVW is available on the vehicle registration, in the National Auto Dealers Association (NADA) manual, and through the Tag Talk Service of the Sarasota County Tax Collector's Office. Commissioner Servian stated that the understanding is a 12,000- pound GVW is closer to a 7,500-pound NVW rather than a 7,000- pound NVW. Mr. Litchet stated that discussions with local automobile dealers confirmed the approximate equivalency between the 12,000-pound GVW and the 7,000-pound NVW; that the accessories on different vehicles can vary the actual NVW; that the 7,000- pound NVW is conservative and reflects the photographs representing acceptable vehicles presented at the April 1, 2002 joint Commission and CVAHC Workshop. Commissioner Servian referred to Section C(1) (c) of proposed Ordinance No. 02-4379 as follows: Signage: A maximum of two (2) signs shall be permitted on the visible commercial vehicle not to exceed a maximum area of four (4) square feet per sign. Each single display surface shall be considered one (1) sign. The surface area of a sign shall be the entire face of a sign, including any trim. A commercial vehicle with signage exceeding the above restrictions may meet this requirement by covering all of the signage on the commercial vehicle with magnetic sign blanks. No other temporary covering, other than magnetic sign blanks, shall be permitted. Commissioner Servian asked if the limit of four square feet for signage on commercial vehicles includes the professional license number? Mr. Litchet stated that any commercial lettering on a commercial vehicle is limited to four square feet; that the limit of four square feet applies to a visible commercial vehicle only while parked at the residence; that blank magnetic signs can be used to cover signage while a commercial vehicle is parked at a residence. Vice Mayor Palmer referred to Section C(1) (b) of proposed Ordinance No. 02-4379 as follows: Maximum height: The visible commercial vehicle, including all tools and ladder rack, is not over 8.5 feet in height. Vice Mayor Palmer asked the reason the recommended vehicle height of a visible commercial vehicle was increased from 8 to 8.5 feet? Mr. Litchet stated that the height of a visible commercial vehicle was increased to allow a ladder on top of a vehicle at the request of the Commission; that local contractors assisted in measuring a variety of commercial vehicles to determine a height which includes a ladder on the top of the vehicle; that 8.5 feet will accommodate a standard van or pickup truck with a ladder on top; that a ladder will not fit on top of a van or pickup truck within an 8-foot height limit. Vice Mayor Palmer stated that Section II-201(a), Definitions, Net Vehicle Weight, of proposed Ordinance No. 02-4379 includes the following language restricting signage on visible commercial vehicle parked in a residential area : Signage of a commercial, charitable, religious, or governmental nature. Such signs shall not include bumper stickers, decorative license plates or dealer stickers. Vice Mayor Palmer asked if restricting religious signage raises First Amendment issues? Mr. Litchet stated that a church van with the church name displayed would constitute commercial signage; that a religious BOOK 51 Page 23286 05/20/02 6:00 P.M. BOOK 51 Page 23287 05/20/02 6:00 P.M. statement displayed on a vehicle is not included in the signage restrictions. Vice Mayor Palmer stated that advertising the name of a church on a vehicle is referenced in the signage restriction; that statements of religious conviction are not included in the signage restriction. Mr. Litchet stated that is correct. Vice Mayor Palmer referred to Section D(1) (c) (i), Buffering Requirements, of Proposed Ordinance No. 02-4379 as follows: The buffered commercial vehicle is parked in a side or rear yard sO that the vehicle is buffered from abutting properties and the public right-of-way by a six (6) foot high fence or wall or an eighty percent (80%) opaque six (6) foot high hedge. Vice Mayor Palmer stated that a vehicle parked in a side or rear yard must be hidden by a 6-foot high wall or fence; however, the second vehicle can be up to 6.5 feet high. Mr. Litchet stated that 6 feet is a measure for standard fencing and was originally chosen; that the height of the fence can be increased to 6.5 feet in proposed Ordinance No. 02-4379 if the Commission wishes. Vice Mayor Palmer stated that limiting a required fence to .5 foot shorter than the allowed height of the buffered vehicle is inconsistent; that the height of the fence should match the height of the buffered vehicle to keep the entire vehicle concealed; and referred to Section E (1) (b) of proposed Ordinance No. 02-4379 as follows: Maximum trailer height: The height of the commercial trailer shall not exceed seven feet ten inches (7'10") measured from the ground to the top of the trailer, inclusive of any equipment attached to the roof. Vice Mayor Palmer stated that Section E(1) (b) specifies the maximum trailer height but does not require the trailer be completely enclosed. Mr. Litchet stated that Staff research indicates the majority of the trailers used by lawn service companies are 16 feet in length and 7 feet 10 inches high, allowing for 6 feet of clearance on the inside of the trailer; that requiring trailers be enclosed is a good idea. Vice Mayor Palmer referred to Section F of proposed Ordinance No. 02-4379 concerning the maximum number of buffered commercial vehicles/trailers permitted in a residential area as follows: In no event shall the maximum number of permitted buffered commercial vehicles and buffered commercial trailers exceed a total of: one (1) buffered commercial vehicle and one (1) buffered commercial trailer, in addition to one (1) visible commercial vehicle. Vice Mayor Palmer stated that Section F allows three vehicles on site; however, the understanding was two commercial vehicles would be the maximum number allowed. Mr. Litchet stated that two commercial vehicles plus a trailer was understood. Commissioner Martin referred to Section D(1) (c) (i) of proposed Ordinance No. 02-4379 as follows: The buffered commercial vehicle is parked in a side or rear yard . Commissioner Martin stated that proposed Ordinance No. 02-4379 disallows parking of commercial vehicles on front lawns, which is desirable. Mr. Litchet stated that proposed ordinance No. 02-4379 does not allow parking commercial vehicles in front yards. Commissioner Servian stated that buffered vehicles should be concealed; and asked the requirements of individuals who currently have a 6-foot-high fence and a 6.5-foot-high vehicle if proposed Ordinance No. 02-4379 increases the buffering requirement to 6.5 feet? Mr. Litchet stated that a 6-foot fence would require modification to increase the height to 6.5 feet. BOOK 51 Page 23288 05/20/02 6:00 P.M. BOOK 51 Page 23289 05/20/02 6:00 P.M. Commissioner Servian asked if landscaping can be used as a buffer? Mr. Litchet stated that hedging can be used if 6 feet high and 80-percent opaque; that landscaping is costly and probably will not be the buffer of choice. Commissioner Quillin stated that homes in Districts 1 and 3 are older and most have carports rather than garages; that hedges are uncommon; that fencing is standard fencing; that the objectionable commercial vehicles are tow-trucks, 18-wheelers, and flatbeds; that proposed Ordinance No. 02-4379 allows service professionals to park vehicles at home; that most service professionals with commercial service vehicles are responsible and good neighbors; that commercial service vehicles represent the livelihood of service professionals; that oversized commercial vehicles have caused the problems; that proposed Ordinance No. 02-4379 regulates prior abuse but allows service professionals to keep commercial service vehicles at home. Commissioner Servian stated that District 2 has a proliferation of commercial vehicles in the Indian Beach/Sapphire Shores neighborhood, as does Lido Keyi that the unintended consequence of increasing the buffering requirement to 6.5 feet would burden people with the necessity of buying additional fencing; that the additional .5 foot on top of an existing fence could be constructed of unattractive materials and make the situation worse; that the relief offered to service professionals with commercial service vehicles by proposed Ordinance No. 02-4379 is important. John Browning, 1376 Harbor Drive (34239), came before the Commission and stated that the most disturbing thought as a long-standing City resident is an ordinance is being considered in the City with the intent of reducing all neighborhoods to the lowest common denominator; that the ordinance creates a legal right to park and store commercial vehicles in plain sight in every residential area; that proposed Ordinance No. 02-4379 establishes a standard for the City below nearly all the cities in the State; that proposed Ordinance No. 02-4379 will not improve the quality of life in the City, property values, or the City's image; that the City is better off with the existing laws with individual neighborhoods retaining the right to determine if parking of commercial vehicles will be allowed; that any proposed legislation has a serious down-side; that the legislation is bad, has no place in the City's laws, and could degrade the City socially, economically, or otherwise; that proposed Ordinance No. 02-4379 may offer a solution to some; that the Commission is encouraged to oppose proposed Ordinance No. 02-4379; that instead, a strict enforcement standard should be established for Staff; that citizens, neighbors, and neighborhoods should have enforcement on demand for all unwanted commercial intrusions into specific neighborhoods; that mandating commercial intrusion is unfair and will force citizens to search for convoluted solutions to circumvent proposed Ordinance No. 02-4379 if adopted to maintain the value and quality of neighborhoods. On motion of Commissioner Quillin, it was moved to initiate Zoning Text Amendment Application No. 02-ZTA-04 as incorporated in proposed Ordinance No. 02-4379 and to refer to the Planning Board/Local Planning Agency for a public hearing. Motion died for lack of second. Commissioner Martin referred to Sections E(1) and F of proposed Ordinance No. 02-4379 as follows: E(1) In any residential zone district, the storage or overnight parking of one (1) commercial trailer per dwelling unit in addition to one (1) visible commercial vehicle shall be permitted F In no event shall the maximum number of permitted buffered commercial vehicles and buffered commercial trailers exceed a total of: one (1) buffered commercial vehicle and one (1) visible commercial vehicle. Commissioner Martin stated that Sections E(1) and F of proposed Ordinance No. 02-4379 allowing one visible vehicle and two buffered vehicles, for example, a vehicle and a trailer, is of concern; that one buffered vehicle is preferred. On motion of Vice Mayor Palmer and second of Commissioner Martin, it was moved to refer proposed Ordinance No. 02-4379 to the Planning Board/Local Planning Agency for a public hearing with the following revisions: BOOK 51 Page 23290 05/20/02 6:00 P.M. BOOK 51 Page 23291 05/20/02 6:00 P.M. Sections D(1) (c) (i) and E(1) (c) (ii) - height of the buffer requirement increased to 6.5 feet. Section E(1) (b) height of the commercial trailer would include language requiring the trailer be an enclosed trailer. Section F allowing a total of two vehicles, one visible and one buffered. Commissioner Quillin stated that an open process to which everyone has input will be beneficial. Commissioner Martin stated that the specified trailer height is of concern as the trailer will not be concealed behind a buffer; that enforcement has not been strict; that the concern about curb appeal regarding parked commercial vehicles is understood; however, people use commercial service vehicles to make a living in a service economy; that proposed Ordinance No. 02-4379 exercises some control while allowing real life to happen; that proposed Ordinance No. 02-4379 is controversial, that the public process is important; that proposed Ordinance No. 02-4379 is supported. Commissioner Quillin stated that the trailer height specification is reasonable; that properties have sheds in the yard which exceed the 6-foot fence height and are more visible than commercial vehicles; that the current law is enforced; that abuse of commercial vehicles in neighborhoods created the need for proposed Ordinance No. 02-4379; that any neighborhood or neighborhood association can create an overlay district which does not allow commercial vehicles; that proposed Ordinance No. 02-4379 provides relief to an important group of citizens. Commissioner Servian stated that proposed Ordinance No. 02-4379 suggests a compromise, which is the goal; that the Commission must try to find the best solution to a problem, demonstrate leadership, and make all people feel welcome in the City; that proposed Ordinance No. 02-4379 is supported. Mayor Mason called for a vote on the motion. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. Commissioner Quillin stated that businesses should be notified concerning proposed Ordinance No. 02-4379. 13. NEW BUSINESS : ADOPTION RE: PROPOSED RESOLUTION NO. 02R- 1501, ESTABLISHING ITS INTENT TO REIMBURSE CERTAIN CAPITAL EXPENDITURES INCURRED WITH PROCEEDS OF A FUTURE TAX- - EXEMPT FINANCING; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION THEREWITH; ETC. (TITLE ONLY) - ADOPTED (AGENDA ITEM VIII-1) CD 7:50 through 7:59 Gibson Mitchell, Director of Finance, came before the Commission and stated that proposed Resolution No. 02R-1501 is to establish the City's intent to reimburse the cost of capital expenditures incurred for the retrofit of the City's 4.5 million gallons per day (mgd) reverse osmosis (r/o) water treatment facility with proceeds of a future tax-exempt financing bond; that a revenue sufficiency rate analysis indicated a bond issuance, not to exceed $6 million, would be beneficial to fund the current construction of the facility and allocate the reserve funds to increase working capital; that the result provides for a continuance of "pay-as-you-go" rate adjustments and maintains a healthy fund balance; that adopting proposed Resolution No. 02R-1501 does not authorize the issuance of bonds; that the bond issue would also fund projects proposed. in the City of Sarasota Downtown Master Plan 2020 (Downtown Master Plan 2020); that road work can impact utility operations and require moving or replacing utility lines; that performing road work at the same time as making infrastructure improvements, which could be accomplished with the issuance of a bond, reduces cost; that interest rates are favorable for a bond issuance; that Staff recommends adopting proposed Resolution No. 02R-1501. Commissioner Servian asked the cost differential in issuing bonds compared with utilizing available capital? Mr. Mitchell referred to the Interoffice Memorandum of May 8, 2002, to the Commission concerning proposed Resolution No. 02R- 1501 contained in the Agenda Backup material indicating savings of between 1.5 to 2 percent and stated that a final review was completed prior to the meeting by Staff to verify the numbers; that a water and sewer rate increase of 2 percent will be recommended during the Commission Budget Workshops for fiscal year 2002/03. BOOK 51 Page 23292 05/20/02 6:00 P.M. BOOK 51 Page 23293 05/20/02 6:00 P.M. Commissioner Servian asked the financial gain to the City in issuing bonds compared with using available capital? Mr. Mitchell stated that the financial gain is an additional $5.5 million in available funds. Commissioner Quillin stated that water and sewer user fees and increases will be kept at a relatively level rate. Mr. Mitchell stated that increases for cost-of-living will be required; that water and sewer revenues are down due to water restrictions. City Manager McNees stated that the bond issuance creates more of a shift in the balance sheet than a significant financial gain; that although debt is increased, working capital is increased as well, which provides more flexibility for the future; that spreading payments for the retrofit of the City's r/o water treatment facility over many years enables future customers to contribute to the cost of the project; that the retrofitted r/o water treatment facility will have a 15- to 20- year useful life; that the costs will be stretched over the life of the facility. Commissioner Quillin stated that the bond issuance is supported but asked the impact on water and sewer rates if the bonds are not issued? Mr. Mitchell stated that rate increases will still occur; that the additional working capital would keep the rates relatively level and prevent a future spike in water and sewer rates as expenses naturally increase over time. City Auditor and Clerk Robinson read Resolution No. 02R-1501 by title only. On motion of Vice Mayor Palmer and second of Commissioner Quillin, it was moved to adopt proposed Resolution No. 02R-1501. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Palmer, yes; Quillin, yes; Servian, yes; Martin, yes; Mason, yes. 14. NEW BUSINESS: APPROVAL RE: : REQUEST FOR MODIFICATION TO THE THIRD AMENDMENT TO THE PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF SARASOTA AND RONALD AND CHARLES RIVERS ON MARCH 18, 2002 = APPROVED (AGENDA ITEM VIII-2) CD 7:79 through 8:05 Timothy Litchet, Director of Building, Zoning and Code Enforcement, Michael Shannon, P.E., General Manager of Banks Engineering, Inc., and Steve Titsworth, General Contractor and owner of STGC, came before the Commission. Mr. Litchet stated that Agenda Item VIII-2 involves the Monet Mews project located at the northwest corner of Fruitville Road and Cocoanut Avenue; that at the February 4, 2002, Regular Meeting, the Commission approved a Third Amendment to the Purchase and Sales Agreement which required the Buyers to apply for a building permit by February 19, 2002, and secure issuance of the building permit by May 19, 2002; that the Buyers applied for the building permit on February 14, 2002, which is ready to be issued pending the Southwest Florida Water Management District (SWFWMD) approval; that the General Contractor indicated approval from SWFWMD is anticipated within a couple of days; that the Buyers are requesting a Fourth Amendment to the Purchase and Sales Agreement to allow time and secure the required approval; that Staff recommends a motion to request the City Attorney to prepare a Fourth Amendment to the. Purchase and Sale Agreement requiring the applicant receive approval of a building permit no later than August 19, 2002; that the requirement to commence construction of the development within 90 days of the date of issuance of the building permit and to receive a Certificate of Occupancy within 18 months of the date the building permit is issued shall remain the same; that the building permit may be obtained prior to the August 19, 2002, deadline based on the General Contractors conversation with SWFWMD and the anticipated approval date. Commissioner Martin stated that the anticipated approval of SWFWMD is good news and asked for clarification of the assurance from SWFWMD. Mr. Shannon stated that SWFWMD indicated the permit is being written at this time and should be received within four to five days. Commissioner Servian asked the date the building permit should be issued once SWFWMD approval is received? BOOK 51 Page 23294 05/20/02 6:00 P.M. BOOK 51 Page 23295 05/20/02 6:00 P.M. Mr. Litchet stated that the building permit could be issued within a matter of days. Commissioner Servian stated that the building permit deadline should be advanced to June 15, 2002. Mr. Litchet stated that June 15, 2002, date is acceptable. Commissioner Martin stated that the commencement of construction and the Certificate of Occupancy dates should remain the same. Mr. Litchet stated that both dates will remain the same. On motion of Commissioner Servian and second of Commissioner Martin, it was moved to approve Staff's recommendation to request the City Attorney to prepare a Fourth Amendment to the Purchase and Sale Agreement, which would provide for revising paragraph 9 of the Third Amendment to require the applicant receive approval of a building permit no later than June 15, 2002, with the requirement to commence construction of the development within 90 days of the date of issuance of the building permit and to receive a Certificate of Occupancy within 18 months of the date the building permit is issued shall remain the same. Vice Mayor Palmer stated that the motion is supported but asked if June 15, 2002, is a realistic date to receive approval for a building permit? Mr. Litchet stated that the SWFWMD permit will be received within the next four to five days; that June 15, 2002, is a realistic date for issuance of the building permit. Vice Mayor Palmer stated that another amendment to extend the building permit date should not be brought before the Commission; that support is offered if the June 15, 2002, date is a realistic date. Mr. Shannon stated that SWFWMD verbally confirmed the permit will be received within the next four to five days. Vice Mayor Palmer asked if Staff believes June 15, 2002, is sufficient time to obtain the building permit? Mr. Litchet stated that reliance is placed on SWFWMD's representation of receiving the necessary approvals within four to five days. Mayor Mason called for a vote on the motion to approve Staff's recommendation to request the City Attorney to prepare a Fourth Amendment to the Purchase and Sale Agreement which would provide for revising paragraph 9 of the Third Amendment to require the applicant receive approval of a building permit no later than June 15, 2002, with the requirement to commence construction of the development within 90 days of the date of issuance of the building permit, and to receive a Certificate of Occupancy within 18 months of the date the building permit is issued shall remain the same. Motion carried unanimously (5 to 0): Martin, yesi Palmer, yes; Quillin, yes; Servian, yesi Mason, yes. 15. NEW BUSINESS: APPROVAL RE : AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE THE PROPOSED PURCHASE AND SALES AGREEMENT BETWEEN THE CITY OF SARASOTA AND FRANK S. LAUDANO, HARRY E. ROBBINS AND LOYD M. ROBBINS FOR THE ACQUISITION OF PROPERTY IN THE PARK EAST NEIGHBORHOOD FOR THE DEVELOPMENT OF A PARK = APPROVED (AGENDA ITEM VIII-3) CD 8:05 through 8:11 William Hallisey, Director of Public Works, and Duane Mountain, Public Works Capital Projects Manager, came before the Commission. Mr. Hallisey stated that Capital Improvement Project RP-45.0 is for the acquisition of property in the Park East Neighborhood for development of a park; that the City of Sarasota Downtown Master Plan 2020 (Downtown Master Plan 2020) recommends the purchase of property of approximately 1/3 of an acre located on the west side of East Avenue between Seventh and Eighth Streets; that the City has received a grant which would match up to 50 percent of the acquisition cost of one lot; that the property is owned by a willing seller; that purchasing the property is Phase I of the project; that discussions will continue with the property Owners of the adjacent property for future acquisition; that the property is large enough to develop a nice park if the purchase of the adjacent property does not come to fruition. Mr. Mountain referred to a map of the property and surrounding area displayed on the Chamber monitors and stated that the property is south of Eighth Street, east of US 301, west of East BOOK 51 Page 23296 05/20/02 6:00 P.M. BOOK 51 Page 23297 05/20/02 6:00 P.M. Avenue and north of Seventh Street; that the physical address is 2072 Eighth Street; that a tree canopy is located on the property which would provide a nice pocket park for the Park East Neighborhood; that the purchase of the property and the two neighboring properties to the south is a Neighborhood Action Strategy for the Park East Neighborhood; that a purchase proposal is ready for submission. Commissioner Martin asked for clarification of the 50 percent matching grant relative to the $107,500 purchase price? Mr. Hallisey stated that initially the funding source was identified as the Local Option Sales Tax (L.0.S.T.) extension, also called the penny sales tax, due to a concern of not being able to acquire the property and property dedications under the grant; that now the City's commitment of L.O.S.T. funds will be half of the $107,500; that the grant will fund the balance. Vice Mayor Palmer asked if the remaining half of the L.O.S.T funds will be used for future acquisitions of the adjacent properties? Mr. Hallisey stated that active negotiations for acquisitions of the adjacent properties are in progress; that a purchase proposal has been offered; that the adjacent property owner is a church with a board of directors with whom the City is negotiating; that the hope is to conclude negotiations in June 2002. Vice Mayor Palmer asked if the funds are available? Mr. Hallisey stated yes. Jennifer Wilson, Park East Community Association, 435 Seeds Avenue (34237) and Sandy Vaughn, Park East Community Association, 2135 Fourth Street (34237) came before the Commission. Ms. Wilson expressed gratitude to Mr. Hallisey, Mr. Mountain and City Manager McNees; that hope was to include the properties located at 705 and 715 North East Avenue in the property purchase; that nevertheless beginning construction of a park at 2072 Eighth Street is exciting. Ms. Vaughn stated that funds are currently available for playground equipment; that a grant for $24,000 was received for the equipment purchase. Mayor Mason passed the gavel to the Vice Mayor Palmer. On motion of Mayor Mason and second of Commissioner Martin, it was moved to approve the proposed purchase and sales agreement and authorize the Mayor and City Auditor and Clerk to execute the same. Commissioner Martin stated that the purchase of the property is pleasing and congratulated Ms. Wilson and Ms. Vaughn for their efforts. Vice Mayor Palmer called for a vote on the motion. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. Vice Mayor Palmer returned the gavel to the Mayor Mason. The Commission recessed at 8:11 p.m. and reconvened at 8:19 p.m. 16. BOARD APPOINTMENTS: APPOINTMENT RE: : BOARD OF ADJUSTMENT APPOINTED ALLEN MCREYNOLDS (AGENDA ITEM IX-1) CD 8:19 through 8:21 Deputy City Auditor and Clerk McGowan stated that the term of Georgia Nicholson on the Board of Adjustment expires in May 2002; that Ms. Nicholson is not eligible for reappointment. Commissioner Servian nominated Allen McReynolds. Hearing no other nominations, Mayor Mason called for the vote on the nomination. Allen McReynolds received five votes: Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. Mayor Mason announced the appointment of Allen McReynolds to the Board of Adjustment. 17. BOARD APPOINTMENTS: APPOINTMENT RE: : CITIZENS WITH DISABILITIES ADVISORY BOARD - APPOINTED LORRIE FISHER (AGENDA ITEM IX-2) CD 8:21 through 8:22 City Auditor and Clerk Robinson stated that Robert Brachle has resigned from the Citizen with Disabilities Advisory Board, creating the current opening. BOOK 51 Page 23298 05/20/02 6:00 P.M. BOOK 51 Page 23299 05/20/02 6:00 P.M. Commissioner Quillin nominated Lorrie Fisher for appointment and stated that in prior years more applications were submitted from District 3; that the Commission should work on increasing recruitment of applicants. Hearing no other nominations, Mayor Mason called for a vote on the nomination. Lorrie Fisher received five votes: Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. Mayor Mason announced the appointment of Lorrie Fisher to the Citizens with Disabilities Advisory Board. 18. BOARD APPOINTMENTS: APPOINTMENT RE: NUISANCE ABATEMENT BOARD = REAPPOINTED TULLIO GIALOMAZZI, JULIAN SCOTT ELLER, REYNOLD SPANGLER, AND LINDA HOLLAND ; APPOINTED JOSEPH MICKO (AGENDA ITEM IX-3) CD 8:22 through 8:25 City Auditor and Clerk Robinson stated that the terms of Tullio Gialomazzi, Glenda Mock, Julian Scott Eller, Reynold Spangler, and Linda Holland on the Nuisance Abatement Board (NAB) have expired; that Ms. Mock has served two terms and is not eligible for reappointment; that Mr. Gialomazzi, Mr. Eller, Mr. Spangler and Ms. Holland are eligible for and have expressed an interest in reappointment; that Mr. Eller has applied for the Planning Board/Local Planning Agency and if appointed cannot also serve on the Nuisance Abatement Board; that two applications have been submitted; however, an additional application submitted by Joseph Micko was withdrawn. Commissioner Quillin stated that the withdrawal of Mr. Micko's application is disappointing. Vice Mayor Palmer stated that the Commission can still nominate Mr. Micko. Commissioner Quillin stated that a May 17, 2002, letter from Joseph Micko included in the Agenda backup material withdrawing his application was received today; that Mr. Micko is an excellent applicant demographically. Vice Mayor Palmer stated that a discussion was held with Mr. Micko on May 19, 2002; that the appointment of Mr. Micko is supported; that Mr. Micko can reapply; and asked if appointments to the Nuisance Abatement Board could be postponed? Commissioner Quillin stated that nominating Mr. Micko is supported; that Mr. Micko can notify the Commission if he does not wish to serve. Commissioner Quillin nominated Joseph Micko. Hearing no other nominations, Mayor Mason called for the vote on the nomination. Joseph Micko received five votes: Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. Mayor Mason announced the appointment of Joseph Micko. Commissioner Martin nominated Tullio Gialomazzi, Julian Scott, Reynold Spangler, and Linda Holland for reappointment. Mayor Mason called for the vote on the nominations. Mr. Gialomazzi received five votes: Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. Mr. Eller received five votes: Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. Mr. Spangler received five votes: Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. Ms. Holland received five votes: Martin, yes; Palmer, yes; Quillin, yes; Servian, yesi Mason, yes. Mayor Mason announced the reappointments of Tullio Gialomazzi, Julian Scott Eller, Ronald Spangler, and Linda Holland to the Nuisance Abatement Board. Commissioner Quillin stated that the background of applicant Lauren Jawer is excellent; that hope is Ms. Jawer will continue to stay interested in the Nuisance Abatement Board. Commissioner Martin stated that Ms. Jawer has applied for other advisory boards; that Ms. Jawer is urged to continue to apply for advisory boards in the future. BOOK 51 Page 23300 05/20/02 6:00 P.M. BOOK 51 Page 23301 05/20/02 6:00 P.M. 19. BOARD APPOINTMENTS: APPOINTMENT RE: PLANNING BOARD/LOCAL PLANNING AGENCY - REAPPOINTED KENNETH SHELIN; APPOINTED VICTOR SHANNON SNYDER, SAMUEL SCHACKOW, AND MICHAEL SHELTON (AGENDA ITEM IX-4) CD 8:25 through 8:36 City Auditor and Clerk Robinson stated that the terms of Donald Saba, Robert Lindsay, and Kenneth Shelin on the Planning Board/Local Planning Agency (PBLP) have expired; that Mr. Lindsay has served two terms and is not eligible for reappointment; that Mr. Saba and Mr. Shelin are eligible for and have expressed an interest in reappointment; that Sandra Vaughn has resigned from the PBLP effective May 31, 2002. Vice Mayor Palmer nominated Kenneth Shelin for reappointment. Commissioner Martin nominated Donald Saba for reappointment. Mayor Mason called for the vote on the nominations. Mr. Shelin received five votes: Martin, yes; Palmer, yesi Quillin, yes; Servian, yes; Mason, yes. Mayor Mason announced the reappointment of Mr. Shelin to the PBLP. Commissioner Martin stated that an observation heard is Mr. Saba may vote predictably in certain circumstances; that Mr. Saba has a stakeholder voice on the PBLP, which is helpful, and has significant relevant experience. Mr. Saba received two votes: Martin, yes; Mason, yes. Vice Mayor Palmer nominated Victor Shannon Snyder, Samuel Schackow, and Michael Shelton. Commissioner Quillin stated that Mr. Shelton is an excellent candidate. Commissioner Quillin nominated Victoria Dorothy Szurant and stated that Ms. Szurant is a resident of District 3 and has a business and planning background. Commissioner Quillin nominated Kelly LaBiche and stated that Ms. LaBiche is a certified public accountant, which would be excellent for a seat on the PBLP. Commissioner Quillin continued that identifying candidates with certain qualifications which would be of assistance to the PBLP was a personal goal, especially considering the work associated with the recently adopted City of Sarasota Downtown Master Plan 2020; that good representation from all the voting districts should be achieved; that a good geographical representation is important for the PBLP; that no candidates were identified from District 1, which is unfortunate. Commissioner Martin stated that J. Scott Eller would also be an excellent candidate to serve on the PBLP but serves on the Nuisance Abatement Board; that the PBLP may be increased by two additional members in the future, which would provide opportunities for more candidates to serve. Vice Mayor Palmer stated that Mr. Shelton is an attorney and has been involved with real estate and land use; that Mr. Schackow is an appraiser, is therefore involved with property values, has been involved in the neighborhoods and economic development in the area for a long time, and would be an excellent candidate in regards to Downtown development and neighborhood issues; that Mr. Snyder works with the County Sheriff's Department, has a public safety background, has been involved in the community for a long time, and previously served on the now defunct Transportation Advisory Board for the City; that all the candidates are well qualified. Commissioner Servian stated that two candidates, Mr. Shelton and Mr. Schackow, are known personally; that both will serve the community and the Commission well; that Mr. Snyder is only known peripherally but will also serve well. Commissioner Quillin stated that Mr. Schackow has also applied for the Community Redevelopment Agency (CRA) Advisory Board and would be an excellent at-large candidate for the CRA Advisory Board due to the diversity of his background; that excellent candidates applied for the PBLP and are the best group to apply since her tenure on the Commission; that the Commission is BOOK 51 Page 23302 05/20/02 6:00 P.M. BOOK 51 Page 23303 05/20/02 6:00 P.M. thanked for the efforts to convince good people to apply; that the PBLP should have a good diversity of members. Mayor Mason called for the vote on the nominations. Victor Shannon Snyder received four votes: Martin, yesi Palmer, yes; Servian, yes; Mason, yes. Samuel Schackow received four votes: Martin, yes; Palmer, yes; Servian, yesi Mason, yes. Michael Shelton received five votes: Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. City Auditor and Clerk Robinson stated that the terms of the members will vary; that the terms are as follows: Currently Held By Term Expiration Date Donald Saba November 2004 Sandra Vaughn May 2003 Robert Lindsay May 2005 Vice Mayor Palmer stated that the appointees could be placed in the terms in the order just cited. Commissioners Martin, Quillin, and Servian agreed. Mayor Mason stated that hearing the Commission's agreement, the terms of the appointees to the Planning Board/Local Planning agency are: Member Term Expiration Date Victor Shannon Snyder November 2004 Samuel Schackow May 2003 Michael Shelton May 2005 Commissioner Quillin stated that her vote will be changed to support Mr. Snyder and Mr. Schackow sO the members are appointed unanimously; that the two people personally requested to apply and nominated are from an area which is not well represented on the PBLP; that all the candidates are excellent. Commissioner Servian asked if Ms. LaBiche would be interested in serving on the CRA Advisory Board to fill the seat for an individual with a financial background? Commissioner Quillin stated that Ms. LaBiche may not be eligible for the CRA Advisory Board; and asked her place of employment? City Auditor and Clerk Robinson stated that Ms. LaBiche works at the County Sheriff's Department; that Ms. LaBiche will be notified if eligible to apply for the CRA Advisory Board. Mayor Mason announced the appointments of Victor Shannon Snyder, Samuel Schackow, and Michael Shelton. 20. BOARD APPOINTMENTS: APPOINTMENT RE: : PUBLIC ART COMMITTEE REAPPOINTED GEORGE HABORAK AND PAMELA SUMNER (AGENDA ITEM XI-5) CD 8:36 through 8:37 City Auditor and Clerk Robinson stated that the terms of George Haborak and Pamela Sumner on the Public Art Committee have expired; that Mr. Haborak and Ms. Sumner are eligible for and have expressed an interest in reappointment; that no other current applications are on file. Vice Mayor Palmer nominated George Haborak and Pamela Sumner for reappointment. Mayor Mason called for the vote on the nominations. George Haborak received five votes: Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. Pamela Sumner received five votes: Martin, yes; Palmer, yesi Quillin, yes; Servian, yes; Mason, yes. Mayor Mason announced the reappointments of Mr. Haborak and Ms. Sumner, to the Public Art Committee. 21. COMMISSION BOARD AND COMMITTEE REPORTS APPOINTED COMMISSIONER SERVIAN AS AN ALTERNATE ON THE PUBLIC SAFETY COORDINATING COUNCIL (AGENDA ITEM IX) CD 8:36 through 9:24 BOOK 51 Page 23304 05/20/02 6:00 P.M. BOOK 51 Page 23305 05/20/02 6:00 P.M. COMMISSIONER QUILLIN: A. stated that the Community Action Agency Board (CAAB) held a Workshop the week of May 13, 2002, which was attended and at which valuable information was provided; that the CAAB is administered by the County; that at one time, the possibility of eliminating the CAAB was discussed; that the CAAB provides a valuable function of serving the community for emergency rent and mortgage payments to keep people from becoming homeless due to health reasons, unemployment, etc.; that the work of the CAAB is pleasing. COMMISSIONER MARTIN: A. stated that the Public Safety Coordinating Council (Council) meeting was recently attended; that a suggestion is for Commissioner Servian to serve as an alternate on the Council; that the Council is important; that a Commissioner should be in attendance at all Council meetings. Vice Mayor Palmer stated that appointing Commissioner Servian as the alternate on the Council is supported. Mayor Mason stated that hearing the Commission's consensus, Commissioner Servian is appointed as the alternate to the Public Safety Coordinating Council. Commissioner Martin stated that the Council provides recommendations for the Byrne grants; that several applications were received and reviewed for Byrne grants, including applications from the Juvenile Assessment Center, the Mental Health Court, the City and County jointly for equipment for anti- terrorism and security, Drug Free Communities, and Court Watch; that the applications from the City and County jointly and Drug Free Communities were not approved for grant funding; however, the Court Administrator indicated the Juvenile Assessment Center and the Mental Health Court could be funded through filing fee increases in the future which could make available funds for the joint City/County and the Drug Free Communities applications; that Court Watch was not considered an appropriate recipient of Byrne grant funding; that the criteria for Byrne grant funding was requested; that a meeting is anticipated with the Sarasota County Government Criminal Justice Policy Coordinator the first week of June 2002 to obtain additional information. VICE MAYOR PALMER: A. stated that a meeting of the Sarasota/Manatee Metropolitan Planning Organization (MPO) was attended; that the MPO approved the US 301/Wood Street to University Parkway final report; that a proposal to conduct a study concerning roundabouts for Sarasota and Manatee County is expected in July or August 2002. Commissioner Quillin stated that the MPO meeting was also attended; that the MPO is providing the consultant who is anticipated to conduct the roundabout study with information; that the proposal to conduct a study concerning roundabouts is expected in July or August 2002; that the City offered to host a Town Hall meeting concerning roundabouts; that the MPO would like the proposal back in time to have a kick off with the City at the Town Hall meeting. COMMISSIONER SERVIAN: A. stated that the Manasota Basin Board meeting was attended to plead for additional funding for the St. Armands Drainage Project; that the Manasota Basin Board was sympathetic to the prospect of tourists being stranded; however, the application was filed incorrectly by the County; that the application did not address the issue of water quality; therefore, no funding will be provided to the project; that funding can be acquired in time for construction if the City reapplies and provides data to indicate the project will improve water quality. 22. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA - AGREED THE RULES OF PROCEDURE SHOULD BE REVISED TO REFLECT THE PUBLIC HEARING DEADLINES AND OTHER REVISIONS AS NECESSARY (AGENDA ITEM X) CD 8:36 through 9:15 COMMISSIONER QUILLIN: A. stated that the City of Sarasota verses Sarasota Sheriff's Office (SSO) softball game. held on May 18, 2002, was not a shutout; that the SSO players were kind to the City players; that the City should be very proud of the players; that the SSO did not have a cheerleading squad as did the City; that City Manager McNees was BOOK 51 Page 23306 05/20/02 6:00 P.M. BOOK 51 Page 23307 05/20/02 6:00 P.M. powerful and got a hit but did not score; that the hope is to organize a City Softball Team and Bowling Team in the future. B. stated that advisory board attendance records should be organized and asked for clarification concerning excused absences. City Auditor and Clerk Robinson stated that the City Code (1986 as amended) allows for excused absences; however, absences must be excused by the advisory board. Commissioner Quillin stated that excused absences should be included in the advisory board's minutes. City Auditor and Clerk Robinson stated that excused absences require approval of a motion or a unanimous consent by the advisory board members and should be reflected in the minutes. Commissioner Quillin stated that attendance records should be reviewed prior to reappointments; that several advisory board members have good attendance. C. stated that the Changes in the Order of the Day procedures should be followed; that last minute changes cause chaos in the City Auditor and Clerk's Office; that an item should wait for the next Agenda if not time sensitive and the Agenda deadline is missed; that the Charter Officials should discuss the procedures and deadlines; that changes on the current Agenda from the City Manager were time sensitive; however, the Commission should stay mindful of the deadlines. Vice Mayor Palmer stated that Agenda deadlines should be established by the Charter Officials; that department heads and the Commission should be aware of the deadlines for the Agenda and public hearings; that a discussion was held with the Charter Officials regarding realistic deadlines; that items for Changes to the Order of the Day must be an absolute necessity to eliminate constant changes; that a formal written procedure regarding deadlines for the Agenda for Regular Commission meetings, public hearings, and items for Changes to the Order of the Day should be established. Commissioner Quillin stated that procedures regarding deadlines are established. City Auditor and Clerk Robinson stated that the Commission's Rules of Procedure include a section regarding due dates for Agenda items which could be expanded to include public hearings and other revisions if desired; that revisions to the Commission's Rules of Procedure must be adopted by resolution. Mayor Mason stated that hearing the Commission's agreement, the Rules of Procedure should be revised to reflect the public hearing deadlines and other revisions as necessary. Commissioner Quillin stated that the chaos resulting from Changes to the Orders of the Day should not continue. D. stated that she was unaware of the Brachle Citizen Police Volunteer Award; that the Commissioners should be made aware of awards and recognitions sO the public can be informed; that standardization of awards is required; that the Brachle Award was signed by the Mayor and only one other Commissioner; that all Commissioners should have signed the Brachle Award; that establishment of the City's Citizen Police Volunteer Program was actively supported. E. stated that the reception at the Federal Building for Historic Preservation Week is scheduled from 7 to 9 p.m. on June 4, 2002, which is a hot time of the year and asked if air conditioning is being provided? Mayor Mason stated that the reception will be held outside under a tent; that the time coincides with the schedule of the Florida Historical Commission meeting which is a two and a half day event. Commissioner Quillin stated that 7 to 9 p.m. is actually dinner time and asked if dinner will be provided? Mayor Mason stated that heavy hors d'oeuvre will be served. Commissioner Quillin stated that holding the reception outside in the heat is a concern. Mayor Mason stated that the Florida Historical Commission will be happy to be at the Sarasota Federal Building; that the building BOOK 51 Page 23308 05/20/02 6:00 P.M. BOOK 51 Page 23309 05/20/02 6:00 P.M. was renamed the Sarasota Federal Building by the State legislature. F. stated that she will be traveling to Texas and Louisiana and attending a conference in Arizona but will be back for the June 3, 2002, Regular Commission meeting. G. stated that she recently participated in a Sarasota Police Department (SPD) ride-along; that other Commissioners are encouraged to participate; that a dog was saved on US 41 during her ride-along. Commissioner Servian stated that a ride-along with the SPD Marine Patrol is desired. Commissioner Quillin stated that a ride-along with the SPD Marine Patrol would be between 8 a.m. to 4 p.m. as the Marine Patrol does not patrol after 4 p.m. COMMISSIONER MARTIN: A. stated that a summit was suggested to coordinate best practices regarding housing during the May 17, 2002, Commission goal-setting Workshop; that the Department of Housing and Community Development Organization (CHDO) held a housing summit in 2001 and plans an annual summit; that the suggestion is to coordinate with the annual summit and to focus the summit on the Sarasota County Openly Plans for Excellence (SCOPE) program and best practice initiatives; that the City and County should both participate; that the Florida Housing Coalition (FHC) is holding a summit in the City in October 2002; that the FHC might address design and building issues. B. stated that the Commission should consider taking a vacation and not meeting the first week in August 2002; that Staff would benefit from a break after the July 2002 Budget Workshops; that the County does not meet the entire month of August; that the Administration should determine if a vacation is feasible based on the Commission's Agenda. Vice Mayor Palmer stated that the prior Commission took a vacation in August; that the workload was enormous upon return; that the Administration should review the Agenda and make a recommendation. Commissioner Martin asked if the entire month or just the first meeting of August was taken off? Vice Mayor Palmer stated that the first meeting August was taken off. C. asked the status of the Advisory Board Appreciation Event. City Auditor and Clerk Robinson stated that the event is scheduled tentatively for the fall of 2002. Vice Mayor Palmer stated that no decision has been made regarding appreciation to the members leaving advisory boards. City Auditor and Clerk Robinson stated that Certificates of Appreciation will be presented at the June 3, 2002, Regular Commission meeting. VICE MAYOR PALMER: A. stated that the Commission should reconsider expanding the membership of the Board of Adjustment and Planning Board/Local Planning Agency (PBLP) : that the Administration should review the budgetary implications; that tie votes and absenteeism will not be corrected by expanding the advisory boards; that absenteeism will be addressed with new rules; that quantity does not improve the quality of decision making or attendance; that serious implications will occur with expansion of membership of advisory boards. Mayor Mason asked if a Workshop is being considered to discuss expansion of the advisory boards? City Auditor and Clerk Robinson stated that the Commission directed Staff to review membership expansion of the Board of Adjustment and the PBLP; that expanding the advisory boards requires a public hearing as the Zoning Code will be amended. Commissioner Quillin stated that the possibility of a requirement for representation of the schools on the PBLP was being reviewed. BOOK 51 Page 23310 05/20/02 6:00 P.M. BOOK 51 Page 23311 05/20/02 6:00 P.M. City Auditor and Clerk Robinson stated that a report is expected from the City Attorney's Office. City Manager McNees stated that Staff will advise of budget implications regarding expansion of advisory boards. Commissioner Martin stated that Staff and the advisory boards were to review possible expansion. Commissioner Quillin stated that the report from the City Attorney's Office is important to the consideration of expanding the PBLP. Vice Mayor Palmer stated that knowing expansion of the advisory board is not automatically being approved is a relief. B. stated that the lawsuit filed by the City Attorney's Office against In Extremis and the Quay is appreciated; that positive results are hopeful. Commissioner Servian stated that positive feedback has been received as a result of the filing of the In Extremis lawsuit. C. stated that a letter to the editor of the Sarasota Herald-Tribune was written but not published as follows: Regardless of the comments of the City Commissioners as to our opinions on the selection of a new Police Chief, the "vote" that counts according to the City Charter is that of City Manager McNees. In addition to the Commissioners, Mr. McNees is seeking input from the community and the Southwest Florida Police Benevolent Association, Inc. (PBA) throughout the process, and the final analysis of whether to promote from within or hire the new Chief from outside the Sarasota Police Department is entirely the decision of the City Manager. COMMISSIONER SERVIAN: A. stated that three weeks ago, a male prostitution undercover story at the Tenth Street boat ramp surfaced in the news media; that the story discussed the parks being closed at night; that the parks should be closed at night; that the City is not but should be enforcing the park closure ordinance. B. stated that the rule boats cannot be moored in Sarasota Bay for more than 72 hours is not being enforced; that the problem of boats mooring in Sarasota Bay for long periods of time continues to worsen. C. stated that a report from the County regarding the minimal cost to reopen the Lido Pool has not been received. V. Peter Schneider, Deputy City Manager, came before the Commission and stated that Staff requested the report from the County prior to the May 6, 2002, joint City/County Special meeting; that no report has been received; that the County will be contacted for follow-up as to the report. Vice Mayor Palmer stated that County Staff indicated the report is in progress. Commissioner Quillin stated that a written report should be received. MAYOR MASON: A. stated that increased pricing and homeownership changes for the condominium section of the Cohen Way public housing complex, which will be called Rosemary Park, is a concern of several people in the community; that the Sarasota Housing Authority (SHA) will be meeting to discuss comments received from the US Department of Housing and Urban Development (HUD); that her travel schedule precludes attendance at the next SHA Board meeting; that another Commissioner should attend if possible. Commissioner Quillin stated that the construction site of Rosemary Park should be toured. Mayor Mason stated that the site has been toured. Commissioner Quillin stated that the $70,000 to $80,000 purchase price is unrealistic even with grants and down payment assistance; that prior residents with priority may not be able to return due to income and cannot qualify or afford a $500 per month payment and condominium fees. BOOK 51 Page 23312 05/20/02 6:00 P.M. BOOK 51 Page 23313 05/20/02 6:00 P.M. Mayor Mason stated that the Cohen Way neighborhood is concerned; that Commissioner Martin can attend the next SHA Board meeting; that she will notify Commissioner Martin of the SHA meeting date. Commissioner Martin stated that the SHA is able to take back a third mortgage to assist monthly payment affordability; that other options are available. B. stated that the Sarasota Bike Fest and Sundown Criterium was a successi that the event coordinator praised City Staff for the efforts contributed; that the City can be proud of participating in the event; that the public should be more aware of a Criterium event; that the Sarasota Police Department (SPD) had trouble keeping the public out of the bike path. 23. OTHER MATTERS/ADMINISTRATIVE OFFICERS (AGENDA ITEM XI) CD 9:15 through 9:24 ATTORNEY CONNOLLY: A. stated that an out-of-the-sunshine meeting is requested to discuss settlement negotiations and strategies relative to litigation expenditures regarding the Dr. Klauber versus the City of Sarasota lawsuit; that the matter is not time sensitive; that June 5, 2002, is a tentative date. City Auditor and Clerk Robinson stated that a time will be established. CITY AUDITOR AND CLERK ROBINSON: A. stated that the Workshop concerning the noise ordinance scheduled for June 5, 2002, has been canceled; that a representative from Tallahassee to discuss the State's Sunshine Laws was a possible replacement for the canceled workshop; however, the representative was unable to come on June 5, 2002; that the St. Armands Improvement Business District ballots have been mailed out the week of May 13, 2002; that the ballots are due back on July 2, 2002, by 7 p.m.i that the City will have five days from July 2, 2002, to hold a special meeting to certify the ballots; that the St. Armands Commercial Landowners Association has requested a Workshop prior to the return of the-ballots. Commissioner Quillin stated that a Workshop should not be held prior to receipt of the ballots. Commissioner Servian stated that having a Workshop is premature. Commissioner Martin stated that the Workshop would be inappropriate. Commissioner Quillin stated that having a Workshop while the ballots are out is not supported. V. Peter Schneider, Deputy City Manager, came before the Commission and stated that the hope of the St. Armands Commercial Landowners Association hope for the Workshop is to review the powers which would be proposed for the district. Commissioner Servian stated that the Workshop would influence the vote. City Auditor and Clerk Robinson stated that the Commission's agreement is not to hold a Workshop. B. stated that the Sarasota Housing Authority (SHA) has requested a Workshop with the Commission and was advised June 5, 2002, may be a possible date for a Workshop. Commissioner Martin asked if the Workshop concerning the noise ordinance has been rescheduled? City Auditor and Clerk Robinson stated that the Workshop concerning the noise ordinance is in the process of being rescheduled. CITY MANAGER MCNEES: : A. stated that the weight of additions to the Agenda are determined by time sensitivity and if the item could have been reasonably scheduled prior to the deadline; that telling the Commission no is difficult; that requests for additional Agenda backup material require a formal Change to the Orders of the Day. Commissioner Quillin stated that requesting additional Agenda backup material is not a formal Change to the Order of the Day. BOOK 51 Page 23314 05/20/02 6:00 P.M. BOOK 51 Page 23315 05/20/02 6:00 P.M. City Auditor and Clerk Robinson stated that the memorandum indicates Changes to the Orders of the Dayi however; additional Agenda backup material is distributed at the same time. City Manager McNees stated that the paper process for additional information is handled the same as a formal Change to the Order of the Day; that the requested information could be handled with a cover letter to eliminate the large amount of work for the City Auditor and Clerk's Office; that Staff requests leeway from the Commission regarding additional Agenda backup information requests. Commissioner Quillin stated that all Agenda backup material should be distributed through the City Auditor and Clerk to assure the integrity of the public record; that a telephone call could be placed to the Office of the City Auditor and Clerk to advise of late material; that timing and communication should improve. City Auditor and Clerk Robinson stated that the entire process is problematic; that numerous elements are involved in additional backup material and additions to the Agenda including scanning documents for the public, copying, Staff's time, etc.; that a rèvised procedure will be discussed with the other Charter Officials; that exceptions will always exist. 24. ADJOURN (AGENDA ITEM XII) CD 9:24 There being no further business, Mayor Mason adjourned the Regular meeting of May 20, 2002, at 9:24 p.m. AIlAA ao 50 T CAROLYN! J. MASON, MAYOR 6 cl Robenson BILE BINSON, CITY AUDITOR AND CLERK 9,0.