BOOK 46 Page 18613 09/07/99 6:00 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF SEPTEMBER 7, 1999, AT 6:00 P.M. PRESENT: . Mayor Mollie C. Cardamone, Commissioners Albert F. Hogle, Carolyn J. Mason and Mary J. Quillin, City Manager David R. Sollenberger, City Auditor and Clerk Billy E. Robinson, and City Attorney Richard J. Taylor ABSENT : Vice Mayor Gene M. Pillot PRESIDING: Mayor Cardamone The meeting was called to order in accordance with Article III, Section 9 (a) of the Charter of the City of Sarasota at 6:01 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. PRESENTATION RE: EMPLOYEE OF THE MONTH FOR AUGUST 1999, JONATHAN H. LANG, OPERATIONS ASSOCIATE, VAN WEZEL PERFORMING ARTS HALL #1 (0025) through (0145) William Mitchell, Executive Director of the Van Wezel Performing Arts Hall (VWPAH), came before the Commission and requested that Jonathan Lang, VWPAH Operations Associate, come forward. Mr. Mitchell stated that the Employee of the Month Program allows the City to celebrate the achievements of the City's most valuable resource, the employee; that Mr. Lang has served with excellence and pride as a City employee for two years and eight months; that Mr. Lang works directly with performers assuring payment and provisions of contracts are accurate, contributing to one of the City's goals: "To be a financially responsible City government providing high quality services and infrastructure. Mayor Cardamone stated that meeting Mr. Lang is a pleasure; and cited from the Employee of the Month/Year Nomination Criteria Form as follows: During the shifting of duties while the Van Wezel is under construction, Jonathan took the time to create charts and schedules for everyone to make the move easier. He prepared detail lists for every area of the Hall for the moving company to follow. He also created charts and schedules for the IST Department and the Van Wezel for an easy transition into the temporary trailers until construction is completed. Mayor Cardamone stated that Mr. Lang's contributions are impressive; presented Mr. Lang with a City-logo watch, a plaque, and a certificate as the August 1999, Employee of the Month in appreciation of his unique performance with the City; and congratulated Mr. Lang for his outstanding efforts. Mr. Lang accepted the awards and thanked the Commission. 2. PRESENTATION RE: : SPECIAL RECOGNITION AND APPRECIATION TO BETH MUNIZ, POLICE DEPARTMENT JANICE DOCKING, HUMAN RESOURCES DEPARTMENT: AND MAGGIE SUMNEY, TOP MANAGER WHO PREPARE THE SARASOTA SPIRIT, THE CITY EMPLOYEE NEWSLETTER #1 (0145) through (0207) Mayor Cardamone stated that the City Employee newsletter, the Sarasota Spirit, provides valuable information to City employees and the Commission; that the authors, editors, and publishers of the Sarasota Spirit are: Janice Docking, Assistant to the Director of Human Resources, Beth Muniz, Public Information Officer, and Maggie Sumney, Manager of Total Quality Performance; and requested that Ms. Docking come forward. Mayor Cardamone thanked Ms. Docking for her efforts, requested that appreciation be extended to Ms. Muniz and Ms. Sumney who are currently out of town, and stated that copies of the latest edition of the Sarasota Spirit will be distributed to the audience for information. 3. PRESENTATION RE: RECOGNIZING AND HONORING PATRICK CALHOON, SPORTS FACILITY MANAGER, UPON HIS SELECTION AS BIG BROTHER OF THE YEAR BY THE BIG BROTHERS BIG SISTERS ASSOCIATION OF THE SUN COAST, INC. #1 (0207) through (0430) Mayor Cardamone requested that Mr. Calhoon come forward; displayed a copy of the September 2, 1999, Pelican Press article entitled "Taking time to spend some time" featuring a picture of Pat Calhoon, Sports Facility Manager, and his Little Brother, Tony LePera; and stated that Mr. Calhoon was recently selected as Big Brother of the Year by the Big Brothers Big Sisters Association of the Sun Coast, Inc. (Big Brothers Big Sisters); that the selection is a wonderful honor. Mr. Calhoon stated that Big Brothers Big Sisters is an excellent program; that sharing with a Little Brother is rewarding; that the relationship with his Little Brother began two years ago and will continue throughout his life; that everyone is encouraged to volunteer as a Big Brother or Big Sister; and introduced Tony LePera, Darla Bakara, Tony's mother, and Joy Mahler, Executive Director of Big Brothers Big Sisters. BOOK 46 Page 18614 09/07/99 6:00 P.M. BOOK 46 Page 18615 09/07/99 6:00 P.M. Ms. Mahler stated that Mr. Calhoon has represented Big Brothers Big Sisters very well for 21 years; that the participation of other mentors would be welcomed. Mayor Cardamone read in its entirety the Mayor's Citation recognizing Mr. Calhoon's selection as Big Brother of the Year and presented Mr. Calhoon with the signed Mayor's Citation embossed with the City Seal and a laminated copy of the September 2, 1999, newspaper article. Mr. Calhoon accepted the award, thanked the Commission and recognized the following family members, friends and co-workers present in the audience: Kim Haynes, girlfriend, Chris Calhoon, sister, Joan Schwartz, sister, Richard Schwartz, brother-in-law, Raymond Grady, Manager of the Bobby Jones Golf Course (BJGC), Carole Favreau, BJGC Assistant Manager, Linda Needs, Accounting Technician of the Ed Smith Stadium, Francis Rackey, Foreman of the Ed Smith Stadium. 4. PRESENTATION RE: CERTIFICATE OF COMPLETION OF INSTRUCTION AT THE INSTITUTE FOR ELECTED MUNICIPAL OFFICIALS TO COMMISSIONERS HOGLE, MASON AND OUILLIN #1 (0431) through (0515) Mayor Cardamone stated that Commissioners Hogle, Mason and Quillin completed 18 hours of training at the Institute for Elected Municipal Officials sponsored by the Florida League of Cities, read in its entirety the Certificate of Completion, and presented Commissioners Hogle, Mason and Quillin with Certificates. Mayor Cardamone stated that the training will benefit the City; that interaction with other local public officials is most helpful. 5. CHANGES TO THE ORDERS OF THE DAY - APPROVED #1 (0545) through (0590) City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Remove New Business, Item No. VII-5, Discussion Re: Three-year funding request from Greater Newtown Community Redevelopment Corporation, per the request of Cynthia Porter, Executive Director, Greater Newtown Community Redevelopment Corporation. B. Add Consent Agenda No. 2, Item No. III B-10, Adoption Re: Proposed Resolution No. 99R-1216, authorizing the Executive Director of the Van Wezel Performing Arts Hall to sign the agreement between The State of Florida, Department of State and the City of Sarasota, Florida regarding Grant Number 2K-9004 for the project "] Renovation Phase I and II" in the amount of $500,000; etc. (Title Only), per the request of City Manager Sollenberger. C. Remove Consent Agenda No. 2, Item No. III B-5, Adoption Re: Proposed Resolution No. 99R-1210, appropriating $26,346 from the Unappropriated Fund Balance of the Information Systems and Technology (IST) Fund to fund a new internet web server in the IST Department to be used for the City of Sarasota internet, etc., per the request of City Manager Sollenberger. On motion of Commissioner Mason and second of Commissioner Hogle, it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (4 to 0): Hogle, yes; Mason, yes; Quillin, yes; Cardamone, yes. 6. APPROVAL RE: MINUTES OF THE SPECIAL COMMISSION MEETINGS OF DECEMBER 17, 1998, AND AUGUST 6, 1999 - APPROVED; MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF AUGUST 16, 1999 - APPROVED AS CORRECTED (AGENDA ITEMS I-1, 2 AND 3) #1 (0590) through (0644) Mayor Cardamone asked if the Commission had any changes to the minutes. Commissioner Quillin stated that the following change should be made to the minutes of the August 16, 1999, Regular Commission meeting: Item 9 The word "irrigation" should be changed to "aeration" to read as follows: a conversation took place concerning aeration of the proposed lake in the development. On motion of Commissioner Quillin and second of Commissioner Mason, it was moved to approve the minutes of the August 16, 1999, Regular Commission meeting as corrected. Motion carried unanimously (4 to 0): : Hogle, yes; Mason, yes; Quillin, yes; Cardamone, yes. Mayor Cardamone stated that hearing no other changes, the minutes of the Special December 17, 1998, and August 6, 1999, meeting are approved by unanimous consent. BOOK 46 Page 18616 09/07/99 6:00 P.M. BOOK 46 Page 18617 09/07/99 6:00 P.M. 7. BOARD ACTIONS: REPORT RE: HISTORIC PRESERVATION BOARD'S REGULAR MEETING OF AUGUST 10, 1999 - SET APPLICATION NOS. 99-HD-13, 99-HD-14 AND 99-HD-15 FOR PUBLIC HEARING; RECEIVED REPORT (AGENDA ITEM II-1) #1 (0644) through (0830) Jane Robinson, Director of Planning and Development, and Craig Holliday, Chairman of the Historic Preservation Board, came before the Commission. Mr. Holliday presented the following items from the August 10, 1999, Regular meeting of the Historic Preservation Board: A. Application No. 99-HD-13 Re: The Colonel Frederick and Jessie Byerly House 344 Monroe Drive Mr. Holliday stated that a review by Staff from the Sarasota County Department of Historical Resources determined the structure located at 344 Monroe Drive represents the work of the father and son architectural team of Ralph and William Zimmerman who are recognized as master builders and designers in the City; that other buildings by Ralph and William Zimmerman recognized for their historical and architectural significance include the National Register listed Kreissle Forge and the Alice Watters Beebee House which was recently listed on Sarasota County's local Register of Historic Places; that the Historic Preservation Board unanimously recommends historic designation of the structure known as the Colonel Frederick and Jessie Byerly House, which meets the following criteria listed under Section IV-806 (A) (5) of the Zoning Code (1998) : 5. Represents the work of a designer or builder whose work has been generally acknowledged On motion of Commissioner Quillin and second of Commissioner Mason, it was moved to set Application No. 99-HD-13 for public hearing. Motion carried unanimously (4 to 0): Hogle, yesi Mason, yes; Quillin, yes; Cardamone, yes. B. Application No. 99-HD-14 Re: The Joseph and Florence Glennon House 750 Hudson Drive Mr. Holliday stated that a review by Staff from the Sarasota County Department of Historical Resources determined the structure located at 750 Hudson Drive and built in 1936 is a representation of depression-era housing; that the Historic Preservation Board unanimously recommends historic designation of the structure known as the Joseph and Florence Glennon House, which meets the following criteria listed under Section IV-806 (A) of the Zoning Code (1998): 1. Exemplifies or reflects the broad cultural, political, economic or social history of the City of Sarasota, Sarasota County, the State of Florida, or the United States of America On motion of Commissioner Mason and second of Commissioner Hogle, it was moved to set Application No. 99-HD-14 for public hearing. Motion carried unanimously (4 to 0): Hogle, yes; Mason, yesi Quillin, yes; Cardamone, yes. C. Application No. 99-HD-15 Re: The Leonard Reid House 1435 Seventh Street Mr. Holliday stated that a review by Staff from the Sarasota County Department of Historical Resources determined the structure at its new location at 1435 Seventh Street is associated with the lives of the Reid family, who played a significant role in the City's early development and embodies the characteristics of the frame vernacular style of architecture; that the Historic Preservation Board unanimously recommends historic designation of the structure known as the Leonard Reid House, which meets the following criteria listed under Section IV-806 (A) of the Zoning Code (1998): 3. Is associated with the life of a person who has played a significant role in our local, state or national history; and 4. Embodies the distinctive visible characteristics of an architectural style or period, or a method of construction On motion of Commissioner Quillin and second of Commissioner Mason, it was moved to set Application No. 99-HD-15 for public hearing. Motion carried unanimously (4 to 0): Hogle, yes; Mason, yes; Quillin, yes; Cardamone, yes. Mayor Cardamone stated that the use of the Leonard Reid House as a nursery school will be pleasing. On motion of Commissioner Hogle and second of Commissioner Mason, it was moved to receive the report of the Regular August 10, 1999, Historic Preservation Board meeting. Motion carried unanimously (4 to 0) : Hogle, yes; Mason, yes; Quillin, yes; Cardamone, yes. BOOK 46 Page 18618 09/07/99 6:00 P.M. BOOK 46 Page 18619 09/07/99 6:00 P.M. 8. BOARD ACTIONS: REPORT RE: PUBLIC ART COMMITTEE'S REGULAR MEETING OF JULY 8, 1999 - ACCEPTED THE PUBLIC ART COMMITTEE REPORT CONCERNING PHOTON II PROJECT AND CONCURRED WITH THE RECOMMENDATION AND DIRECTION NOT TO SPEND ADDITIONAL RESOURCES PURSUING THE PROJECT; RECEIVED REPORT (AGENDA ITEM II-2) #1 (0830) through (1076) Jane Robinson, Director of Planning and Development, and George Haborak, Chairman of the Public Art Committee, came before the Commission. Mr. Haborak presented the following item from the July 8, 1999, Regular meeting of the Public Art Committee: Photo II: Funding and Location Mr. Haborak stated that at the September 21, 1998, Regular Commission meeting, the Commission took the following action: 1. accepted the public art sculpture Photon II and the proposed site at the terminus of the Boulevard of the Arts, and 2. referred the issue of funding to the Public Art Committee. Mr. Haborak stated that the Public Art Committee unsuccessfully applied for a State grant; that at the June 7, 1999, Regular Commission meeting, the Commission requested the Public Art Committee reconsider the site selection and examine and recommend alternative sites; that at its July 8, 1999, Regular meeting, the Public Art Committee discussed location and funding and voted unanimously to: 1. continue to value the aesthetic qualities of Photon II at the proposed site, but; 2. not spend additional resources pursuing the project due to the unavailability of funds at this time, the relatively small balance in the Public Art Fund, and the goals and guidelines recently adopted by the Committee. Mr. Haborak stated that the Public Art Committee does not intend to spend additional resources pursuing the project unless otherwise directed or until funds become available. Mayor Cardamone asked if the Public Art Committee continues to accept Photon II, and likes the proposed site but chooses to delay further consideration until grant funds or a donor are identified? Mr. Haborak stated that is correct. Commissioner Hogle stated that the Photon II is liked based on the model seen; that the proposed site has been viewed and seems a natural fit; that moving forward with efforts to secure grant funds is supported. Mayor Cardamone stated that hearing the Commission's agreement, the efforts of the Public Art Committee in seeking funding are supported by the Commission; and asked the funds required to construct the sculpture and base? Mr. Haborak stated the funds needed are approximately $70,000; that $30,000 is available in the public art fund for the year, leaving a.balance of $40,000. Commissioner Quillin asked if other grants are available or if the artist has made an effort to interest a group of citizens to raise funds? Mr. Haborak stated that the failure to obtain the State grant was a disappointment; that an effort to obtain additional private funding was discussed. Commissioner Quillin stated that making application for State grants in the forthcoming year is suggested. Mayor Cardamone stated that the Public Art Committee is no longer actively seeking funds. Mr. Haborak stated that the Public Art Committee has determined no additional resources will be expended on seeking funds. Mayor Cardamone asked if the Public Art Committee will be seeking works of public art to purchase with the funds available in the public art fund. Mr. Haborak stated that a call for artists has been issued. Commissioner Cardamone asked if the Public Art Committee will participate in any grant applications made by the artist? Mr. Haborak stated yes, with Staff's assistance. Ms. Robinson stated that several community foundations have been contacted; however, none have funds available for art; that the artist is contacting alternate sources. On motion of Commissioner Hogle and second of Commissioner Mason, it was moved to accept the Public Art Committee report concerning Photon II and concur with the Public Art Committee's recommendation and direction not to spend additional resources BOOK 46 Page 18620 09/07/99 6:00 P.M. BOOK 46 Page 18621 09/07/99 6:00 P.M. pursuing the project. Motion carried unanimously (4 to 0): Hogle, yes; Mason, yes; Quillin, yes; Cardamone, yes. On motion of Commissioner Hogle and second of Commissioner Mason, it was moved to receive the report of the July 8, 1999, Regular meeting of the Public Art Committee. Motion carried unanimously (4 to 0): Hogle, yes; Mason, yes; Quillin, yes; Cardamone, yes. 9. REPORT RE: 20-YEAR MASTER PLAN FOR AN INTERCONNECTED SYSTEM OF PARKS, OPEN SPACE, AND LANDSCAPE ELEMENTS - APPROVED THE CONCEPT OF THE RECOMMENDED 20-YEAR MASTER PLAN AND THE CONSULTANT SELECTION PROCESS (AGENDA II-3) #1 (1076) through (1830) Kenneth McMillen, Chairman of the Parks, Recreation, and Environmental Protection Advisory Board, Duane Mountain, Deputy Director of Public Works, and John Burg, Chief Planner, came before the Commission. Mr. Mountain stated that the program to develop a 20-year Master Plan was a group effort among the Planning, Engineering and Utilities Departments; that specialists from various disciplines are required; that the process for selecting a consultant to assist in developing the 20-year Master Plan has been developed and has been presented to the Parks, Recreation, and Environmental Protection Advisory Board, which concurs with the process developed. Mr. McMillen stated that a 20-year Master Plan is the core of the long-term planning concerning the City's existing parks and proposed new recreational areas; that the Board approves of the program developed to date and hopes the Commission will approve the consultant selection process. Mr. Burg gave a computer-generated slide presentation to indicate the project objectives and scope and the selection process; and stated that the 20-year Master Plan is a comprehensive plan for the entire City and involves an interconnected system of parks, open space and landscape elements; that the City has many resources which must be connected for safety and accessibility; that landscape element refers to traific calming devices, bicycle paths, etc., all of which contribute to the landscape; that the 20-year Master Plan will implement many elements of the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition. Mr. Burg stated that 20-year Master Plan will provide for coordination of current initiatives including: Payne Park Master Plan - North Water Tower Park Master Plan - East Sarasota Park Plan Bayfront Recreational Trail Bicycle Master Plan - Pedestrian Intersections Master Plan Signage & Graphics Master Plan Near North Side Revitalization Plan Hog Creek Revitalization North Trail Planning Mr. Burg continued that the major deliverables include: an inventory in an updateable GIS format; the 20-year Master Plan interconnecting the parks, open space and landscape elements; an implementable project list for the 20-year CIP; and support data and analyses. Mr. Burg stated further that the recommendation incorporates a thorough public process including two sets of workshops with: - Neighborhood Groups Parks, Recreation and Environmental Protection Board Planning Board/Local Planning Agency (PBLP) City Commission Mr. Burg stated further that the City Project Team will be comprised of: Jane Robinson, Director of Planning and Development, Dennis Daughters, Director of Engineering/City Engineer, Ellen Cranos, Transportation Planner, Gregory Horwedel, Director of Neighborhood Development, Patrizia Barbone, Neighborhood Planner, Duane Mountain, Deputy Director of Public Works, and John Burg, Chief Planner. Mr. Burg continued a consultant team will be required; that coordination with Sarasota County is important; that the next steps involve: Request for Qualifications (RFQ) and Request for Proposals (RFP) consultant selection process Recommendations from a consultant selection team Selection of consultant and contract Development of a schedule Commissioner Quillin stated that a 20-year Master Plan for parks is exciting; and asked if an inventory list of all City parks and amenities is available and the anticipated activities of a consultant? BOOK 46 Page 18622 09/07/99 6:00 P.M. BOOK 46 Page 18623 09/07/99 6:00 P.M. Mr. Mountain stated that limited funds are available; that City Staff can assemble a considerable amount of information for the selected consultant; that Staff will develop a list of deliverables which the City will provide the consultant. Mr. Burg stated that a relatively complete inventory is contained in the Recreation and Open Space Chapter of the City's Comprehensive Plan; that the consultant will perform the creative activity of determining the best method of connecting the various elements. Commissioner Quillin stated that two types of consultants may be necessary: a consultant to assist with technical data such as is incorporated in the Geographic Information System (GIS) and a planner for the other elements. Mr. Burg stated that at least two different disciplines within the team will be necessary. Commissioner Quillin asked the estimated cost. Mr. Mountain stated that $75,000 has been budgeted; that engineering consulting assistance will also be necessary to consider the effects of transportation; that landscape architectural consulting assistance may be necessary; that the primary concern is to identify qualified consulting teams which can fit the City's requirements; that City Staff will develop a scope of services to work within the budget. Mr. Mountain stated that Staff in the Neighborhood Development Department has done a significant amount of GIS work and can assist; that the goal is to develop a useful document which the Commission can use for planning and for the Capital Improvement Program (CIP) for the next 20 years within the allocated budget; that the plan is to go through an RFQ process prior to an RFP process. Commissioner Quillin asked if the County has incorporated the parks located in the City in a Countywide Master Plan or GIS system. Mr. Mountain stated that an answer is not immediately known; however, a determination will be made; that if available, the information would be valuable. On motion of Commissioner Hogle and second of Commissioner Mason, it was moved to approve the concept of the recommended 20-year Master Plan and the consultant selection process. Commissioner Hogle stated that having served two years on the Sarasota County Parks Advisory and Recreation Council (PARC), information concerning the availability of data from the County is not known; that working with the County is a good idea; that having the boat ramps, bicycle paths, parks, etc., interconnected is worth pursuing. Commissioner Quillin stated that the Master Plan for parks is enthusiastically supported; however, additional information would have been appreciated; that the specifics of the RFQ would be helpful, including a distribution list and the type of expertise sought; that additional funds may prove necessary; that phasing the project may be desirable; that obtaining more information prior to voting for conceptual approval is necessary. Mayor Cardamone stated that the recommendation is supported; that the hope is to obtain the desired result for the funds budgeted; that the RFQ could be helpful in developing a team; that coordinating with the Signage and Graphics Master Plan is pleasing; that the coordination of current initiatives proposed is a natural; that the City can be congratulated if able to develop the 20-year Master Plan for the funds proposed; that regular reports from Staff are requested. Mayor Cardamone restated and called for a vote on the motion to approve the concept of the recommended 20-year Master Plan and the consultant selection process. Motion carried (3 to 1): Hogle, yes; Mason, yes; Quillin, no; Cardamone, yes. Mayor Cardamone asked the anticipated timeframe. Mr. Burg stated that a report should be provided within approximately three months. 10. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 3, 4, 5, AND 6 APPROVED (AGENDA ITEM III-A) #1 (1830) through (1940) Commissioner Hogle requested that Item No. 6 be removed for discussion. 1. Approval Re: Set for public hearing proposed Ordinance No. 99-4157, pertaining to the fee charged for the demolition of any building or structure in the amount of the fee previously used to subsidize the fees and charges for processing a petition for historic designation; etc. 2. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Fourth Amendment to Lease Agreement between the City of Sarasota and Gulfcoast Wonder and Imagination Zone, Inc., concerning modification to BOOK 46 Page 18624 09/07/99 6:00 P.M. BOOK 46 Page 18625 09/07/99 6:00 P.M. paragraph 9 of the Lease to amend the Escrow of Construction Funds section. 3. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Funding Agreement between the City of Sarasota and Sarasota County to implement the Comprehensive Conservation and Management Plan (CCMP) for FY 99 4. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Funding Agreement between the City of Sarasota and Manatee County to implement the Comprehensive Conservation and Management Plan (CCMP) for FY 99 5. Approval Re: Award of contract and authorize the Mayor and City Auditor and Clerk to execute a contract with Caldwell Tanks, Inc., Louisville, KY, (Bid #99-68H) for the construction of the North Tower Park elevated tank. On motion of Commissioner Quillin and second of Commissioner Mason, it was moved to approve Consent Agenda No. 1, Item Nos. 1, 2, 3, 4, and 5, inclusive. Motion carried unanimously (4 to 0): Hogle, yes; Mason, yes; Quillin, yes; Cardamone, yes. 6. Approval Re: Award of contract and authorize the Mayor and City Auditor and Clerk to execute a contract with Frederick Derr & Company, Sarasota, FL, (Bid #99-70H) for the Citywide Traffic Calming Project. Commissioner Hogle asked if the contract approves any specific new devices or the opportunity to obtain bids if the Commission authorizes specific projects? Alexandrea Hay, Deputy Director of Engineering/Deputy City Engineer, came before the Commission and stated that the annual contract is for installation of speed humps or tables based on the Commission's approval on a neighborhood-by-neighborhood basis; that two projects have been approved by a prior Commission; that the Bird Key neighborhood requested two speed humps at the gate house; that the Sarasota South neighborhood requested eight speed humps or tables; that the EwO projects would be performed pursuant to the recommended contract; that Agenda Item VI-5 is for a discussion concerning asphalt speed humps and tables and concrete and brick speed tables for the approved locations and for future neighborhood requests. Commissioner Hogle asked if the projects involving the Bird Key and Sarasota South neighborhoods will be addressed later in the Agenda? Ms. Hay stated yes. Mayor Cardamone asked if the projects in the Bird Key and Sarasota South neighborhoods have already been approved by the Commission and a motion to rescind prior Commission action would be required to reverse the decision? City Auditor and Clerk Robinson stated yes, depending on the magnitude of the modification; that a recision of the previous vote to approve an action would be required. On motion of Commissioner Hogle and second of Commissioner Quillin, it was moved to approve Consent Agenda No. 1, Item No. 6. Motion carried unanimously (4 to 0): Hogle, yes; Mason, yes; Quillin, yes; Cardamone, yes. 11. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 99R-1195) ADOPTED; ITEM 2 (RESOLUTION NO. 99R-1203) - ADOPTED WITH AN INCREASE IN THE SURETY BOND FOR THE CITY AUDITOR AND CLERK TO $1 MILLION; ITEM 3 (RESOLUTION NO. 99R-1204) - ADOPTED; i ITEM 4 (RESOLUTION NO 99R-1208) ADOPTED; ITEM 5 (RESOLUTION NO. 99R-1210) - REMOVED UNDER CHANGES; ITEM 6 (RESOLUTION NO. 99R-1211) ADOPTED; ITEM 7 (RESOLUTION NO. 99R-1213) - ADOPTED; ITEM 8 (RESOLUTION NO. 99R-1214) - ADOPTED; ITEM 9 (ORDINANCE NO. 99-4162) - ADOPTED; ITEM 10 (RESOLUTION NO. 99R-1216) - ADOPTED (AGENDA ITEM III-B) #1 (1940) through (2500) Commissioner Hogle requested that Item No. 2 be removed for discussion. Commissioner Quillin requested that Item No. 8 be removed for discussion. 1. Adoption Re: Proposed Resolution No. 99R-1195, adopting an Equal Employment Opportunity Program; providing for a system for processing complaints and administrative reviews (Title Only). 3. Adoption Re: Proposed Resolution No. 99R-1204, adopting the revised position Classification/ Compensation Plan; authorizing employees, for whom collective bargaining is not required, except as provided herein, an increase in the base rate of pay as provided herein, effective September 29, 1999, authorizing the City, Manager to continue to administer the classification/compensation plan requirements; providing additional compensation for longevity (Title Only). 4. Adoption Re: Proposed Resolution No. 99R-1208, pertaining to the repair and renovation of boat ramps at Ken Thompson Park and the construction of new restroom facilities; authorizing a request for funding from the Florida Boating Improvement Program administered by Sarasota County; setting forth findings BOOK 46 Page 18626 09/07/99 6:00 P.M. BOOK 46 Page 18627 09/07/99 6:00 P.M. as to the need for the waterfront facilities (Title Only). 6. Adoption Re: : Proposed Resolution No. 99R-1211, appropriating $5,000 from the Unappropriated Fund Balance of the General Fund to provide a contribution to Solutions To Avoid Red Tide (S.T.A.R.T.) in order to further their efforts in fighting red tide, etc. 7. Adoption Re: Proposed Resolution No. 99R-1213, accepting reports of abatement of nuisances, and costs incurred, pertaining to the repair, securing, or demolition of buildings or structures in accordance with the Standard Unsafe Building Abatement Code as adopted by the City; directing the assessment of liens against the real property upon which such costs were incurred; providing for the recording of said assessments in the City's "Assessment Book For Local Improvements" and in the Official Records of the Clerk of Circuit Court in and for Sarasota County; providing for the accumulation of interest on said liens (Title Only). 9. Adoption Re: Proposed Ordinance No. 99-4162, to rezone approximately +/- 32 acres from the Single-Family- Residential-3 (RSF-3) Zone District to the Multiple- Family-Residential-3 (RMF-3) Zone District; said property being located within the southeast quadrant of 12th Street and Tuttle Avenue with a street address of 2950 12th Street, as more particularly described herein; providing for conditions of the rezoning, including construction of a proposed +/- 320-unit multiple-family dwelling apartment complex, including clubhouse, accessory recreational structures and facilities to be known as Tuttle Avenue Apartments in conformance with Site Plan Application No. 99-SP-N (Title Only). 10. Adoption Re: Proposed Resolution No. 99R-1216, authorizing the Executive Director of the Van Wezel Performing Arts Hall to sign the agreement between The State of Florida, Department of State, and the City of Sarasota, Florida, regarding Grant Number 2K-9004 for the project "Renovation - Phase I and II" in the amount of $500,000 (Title Only). City Auditor and Clerk Robinson read proposed Resolution Nos. 99R-1195, 99R-1204, 99R-1208, 99R-1213, and 99R-1216 and proposed Ordinance No. 99-4162 by title only and Resolution No. 99R-1211 in its entirety. On motion of Commissioner Hogle and second of Commissioner Mason, it was moved to adopt Consent Agenda No. 2, Item Nos. 1, 3, 4, 6, 7, 9 and 10. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Cardamone, yes, Hogle, yes; Mason, yes; Quillin, yes. 2. Adoption Re: Proposed Resolution No. 99R-1203, authorizing the salaries of the City Manager and City Auditor and Clerk, effective September 29, 1999, determining amounts of Surety Bonds to be given; providing additional compensation for longevity (Title Only). Commissioner Hogle stated that proposed Resolution No. 99R-1203 concerns the salary increases and a surety bond for the City Manager, City Auditor and Clerk and Finance Director; that the bond for the City Auditor and Clerk should be raised from $300,000 to $1 million as the City Auditor and Clerk has fiduciary responsibility for the Police, Fire and General Employees' pension funds, with a total approximate value of over $300 million; that increasing the surety bond to $1 million was discussed with the City Auditor and Clerk who believes the amount is appropriate. City Auditor and Clerk Robinson read proposed Resolution No. 99R-1203 by title only. On motion of Commissioner Hogle and second of Commissioner Mason, it was moved to adopt Consent Agenda No. 2, Item No. 2, with a change in the surety bond for the City Auditor and Clerk from $3,00.000 to $1 million. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Hogle, yes; Mason, yes; Quillin, yesi Cardamone, yes. Mayor Cardamone stated that Resolution No. 99R-1203 incorporates a 2.13 percent increase for the City Manager and the City Auditor and Clerk, which is consistent with the raises provided all non- represented City employees. 8. Adoption Re: Proposed Resolution No. 99R-1214, appropriating $29,000 from the Special Law Enforcement Trust Fund (forfeitures) to fund police officer training at law enforcement training institutes ($20,000) and continuation of the STTAR system ($9,000), etc. Commissioner Quillin stated that allocations were provided in the fiscal year (FY) 1999/2000 budget for training in the Police Department; that an additional $29,000 is now being requested; and asked for clarification. John Lewis, Chief of Police, and James Schultz, Lieutenant, Sarasota Police Department, came before the Commission. BOOK 46 Page 18628 09/07/99 6:00 P.M. BOOK 46 Page 18629 09/07/99 6:00 P.M. Chief Lewis stated that $20,000 is requested for police officer in-service training; that $9,000 is requested for the Specialized Training Testing And Record-keeping (STTAR) system training program, which is part of the 24-hour Law Enforcement Television Network library of over 1,000 training videos. Lieutenant Schultz stated that funds are allocated in the FY 1999/2000 budget for training; that the $20,000 requested is supplemental and is used to send police officers and supervisors to training programs to bring information back and train others in the Police Department. Commissioner Quillin stated that the request for an additional $29,000 is interesting, having just completed the FY 1999/2000 budget. Chief Lewis stated that past training requirements and specific programs were considered in preparing the FY 1999/2000 budget; that additional training opportunities are identified after the completion of the budget process; that supplemental training costs are Eunded by the Law Enforcement Trust Fund (L.E.T.F.); that the program offered by the Southern Police Institute, which is not always available, represents a $6,000 expenditure per person; that $6,000 is a significant portion of the FY 1999/2000 training budget; therefore, supplemental appropriations are requested from the L.E.T.F. if new training opportunities are identified. Commissioner Quillin stated that the STTAR program was not incorporated in the FY 1999/2000 budget. Lieutenant Schultz stated that the STTAR program is a supplement to the Law Institute Training; that the State mandates certain training requirements such as cultural diversity, domestic violence, first aid, defensive tactics, on a scheduled basis; that the STTAR program is utilized sO new hires, training officers, etc., remain current on such mandated training requirements; that the STTAR program works effectively for the continuing training and education of police officers. Commissioner Quillin stated that the allocation is to continue police officers' training and to add to the video library which is self taught. Lieutenant Schultz stated that is correct. City Auditor and Clerk Robinson read proposed Resolution No. 99R-1214 in its entirety. On motion of Commissioner Quillin and second of Commissioner Hogle, it was moved to adopt Consent Agenda No. 2, Item No. 8 Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Mason, yes; Quillin, yes; Cardamone, yes; Hogle, yes. Mayor Cardamone requested that City Auditor and Clerk Robinson explain the public hearing sign-up process. City Auditor and Clerk Robinson stated that individuals wishing to speak are requested to complete a Request to Speak form; that speakers will have 5 minutes to speak, will be timed and will be advised when 1 minute remains. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. 12. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED RESOLUTION NO. 99R-1199, AMENDING THE INFRASTRUCTURE SALES SURTAX TEN- YEAR EXTENSION EXPENDITURE PROJECT DETAIL LIST IN ACCORDANCE WITH THE PROCEDURES ESTABLISHED BY SARASOTA COUNTY ORDINANCE NO. 97-083 PERTAINING TO THE ONE PERCENT (1%) LOCAL GOVERNMENT INFRASTRUCTURE SALES SURTAX LEVY; ETC. (TITLE ONLY) - ADOPTED (AGENDA ITEM IV-A-1) #1 (2567) through (3124) Mayor Cardamone stated that proposed Resolution No. 99R-1199 concerns the ten-year Local Option Sales (L.O.S.T.) extension, also called the penny sales tax; that a telephone inquiry was received concerning the status of the Citizen Tax Oversight Committee. Gibson Mitchell, Director of Finance, came before the Commission and stated that the Citizen Tax Oversight Committee is in place but will not convene until after the fiscal year (FY) beginning October 1, 1999, and ending September 30, 2000; that shortly after passage of the L.O.S.T. extension on November 4, 1997, the Commission formed a ten-member Citizen Tax Oversight Committee to conduct an annual review of the City's expenditures from the L.O.S.T. extension; that proposed Resolution No. 99R-1199 provides for changes to the Infrastructure Sales Surtax Ten-Year Extension Project Detail List; that the City is required to hold a public hearing concerning any changes to the Project Detail List presented to voters on November 4, 1997; that the Ten-Year Capital Improvement Plan (CIP) for FY 1999/2000 includes an allocation of projects which is different from the allocation approved by the voters. Mr. Mitchell referred to a document included in the Agenda material indicating the previous and proposed list and timing of projects; and stated that the majority of the project amounts remain the same; that the changes are the years in which the project are scheduled; and referred to the March 18, 1999, memorandum from the City Attorney indicating the procedural requirements as follows: BOOK 46 Page 18630 09/07/99 6:00 P.M. BOOK 46 Page 18631 09/07/99 6:00 P.M. 1. The modification is made by resolution of the City Commission. 2. The requirements of the Charter pertaining to the adoption of a resolution must be followed. 3. A public hearing must be held. 4. A notice must be published in a newspaper of general circulation at least ten (10) days prior to the public hearing. 5. The notice must state the date, time and place of the public hearing, the title of the resolution, and the place where the proposed resolution may be inspected by the public. The notice must also advise that interested parties may appear at the public hearing and be heard with respect to the proposed resolution. Mr. Mitchell stated that the public hearing being held meets all the procedural requirements and the requirements of City Ordinance No. 98-4037 and County Ordinance 97-083. Mayor Cardamone asked the reason the Citizen Tax Oversight Committee is not involved at this time? Mr. Mitchell stated that the Citizen Tax Oversight Committee was established to insure City government followed appropriate procedures in deviating from the established Project Detail List. City Manager Sollenberger stated that some concerns existed Sarasota County did not live up to the commitments on the use of the original L.O.S.T.; that the public was concerned governments would not perform as promised; that the County had previously placed a referendum on the ballot for an extension of the L.O.S.T. which was unsuccessful due to inadequate data; that the purpose of the Citizen Tax Oversight Committee is not to provide advice on use of the funds but rather to determine if the process was followed; that no penalty results from not following the procedure; however, the Commission must live with the consequences if the procedures are not followed; that the function of the Citizen Tax Oversight Committee is much like a year-end audit. Mayor Cardamone asked for legal clarification. City Attorney Taylor stated that the Citizen Tax Oversight Committee does not function as an advisory committee; that the type of changes currently recommended are simple; that the fiscal year in which the funds will be spent has been changed; that a public hearing may not be necessary; however, the Administration determined the procedure being followed would best establish the record. City Manager Sollenberger stated that reallocation of funds from one year to another is a political matter; that the community may be concerned about the timing of a project; that a public hearing concerning the timing as well as the funding level of projects is believed in the best interest of the City. Mr. Mitchell stated that the first report of the Citizen Tax Oversight Committee is due April 1, 2001. Mayor Cardamone asked if any project amounts have changed? Mr. Mitchell stated that the Commission previously approved reducing the approximately $5.7 million contingency reserve for community projects by approximately $2.5 million to fund the renovation project at the Van Wezel Performing Arts Hall (VWPAH) . Mayor Cardamone opened the public hearing. There was no one signed up to speak and Mayor Cardamone Closed the public hearing. City Auditor and Clerk Robinson read proposed Resolution No. 99R-1199 by title only. City Manager Sollenberger stated that the Administration recommends adopting proposed Resolution No. 99R-1199. On motion of Commissioner Hogle and second of Commissioner Mason, it was moved to adopt proposed Resolution No. 99R-1199. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0) : Quillin, yes; Cardamone, yes; Hogle, yes; Mason, yes. 13. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 99-4145, AMENDING THE SARASOTA CITY CODE, CHAPTER 24, RELATING TO PERSONNEL TO ESTABLISH A GENERAL PERSONNEL BOARD AND A CIVIL SERVICE BOARD; ETC. (TITLE ONLY) - PASSED ON FIRST READING (AGENDA ITEM IV-A-2) #1 (3124) through (3335) Mark Singer, Attorney, City Attorney's Office, and Larry Lovejoy, Director of Employee Services, came before the Commission. Attorney Singer stated that currently, the General Personnel System and General Personnel and Civil Service Boards are incorporated in Chapter 31, Sarasota City Code, 1971, the provisions of which were saved from repeal upon adoption of a new Sarasota City Code, 1986, pursuant to Section 24-1, Sarasota City Code, 1986, as a large portion concerns pension issues; that subsequent to the most recent change in the Charter of the City of Sarasota, 1996, most of the Personnel Rules and Regulations were updated and are incorporated in Chapter 24, Sarasota City BOOK 46 Page 18632 09/07/99 6:00 P.M. BOOK 46 Page 18633 09/07/99 6:00 P.M. Code, 1986; that proposed Ordinance No. 99-4145 completes the process by repealing all portions of Chapter 31, Sarasota City Code, 1971, relating to the General Personnel System and the General Personnel and Civil Service Boards and incorporating the provisions in Chapter 24, Personnel, Sarasota City Code, 1986; that the provisions are updated and clarified for consistency with the current operation of the General Personnel System; that the changes are technical and procedural rather than substantive; that most importantly, the manner in which the members of the General Personnel and Civil Service Boards are appointed does not change. Mayor Cardamone opened the public hearing. There was no one signed up to speak and Mayor Cardamone closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 99-4145 by title only. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 99-4145 on first reading. On motion of Commissioner Mason and second of Commissioner Quillin, it was moved to pass proposed Ordinance No. 99-4145 on first reading. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): : Cardamone, yes; Hogle, yes; Mason, yes; Quillin, yes. 14. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 99-4158, ANNEXING CERTAIN REAL PROPERTY LYING CONTIGUOUS TO THE CITY LIMITS INTO THE CORPORATE LIMITS OF THE CITY OF SARASOTA AS REQUESTED BY JEROME A. CAROSELLA AS ATTORNEY-I-FACT FOR JOHN J. NEVINS, AS BISHOP OF THE DIOCESE OF VENICE, A CORPORATION SOLE; SAID REAL PROPERTY BEING GENERALLY DESCRIBED AS THE SOUTHWEST CORNER OF MCINTOSH ROAD AND FRUITVILLE ROAD, CONSISTING OF APPROXIMATELY +/- 8.54 ACRES; ETC. (TITLE ONLY) (APPLICATION NO. 99-ANX-01, APPLICANT JEROME A. CAROSELLA AS ATTORNEY- IN-FACT FOR JOHN J. NEVINS, AS BISHOP OF THE DIOCESES OF VENICE, HIS SUCCESSORS IN OFFICE, A CORPORATION SOLE, AS OWNER OF THE REAL PROPERTY) PASSED ON FIRST READING (AGENDA ITEM IV-A-3) #1 (3137) through (3800) Mark Hess, Senior Planner II, came before the Commission and stated that proposed Ordinance No. 99-4158 is to approve Annexation Application No. 99-ANX-01 to voluntarily annex property of approximately 8.54 acres located at the southwest corner of Fruitville and McIntosh Roads into the City corporate limits; that the Development and Review Committee (DRC) reviewed the proposal and found the City can logically extend services to the site; that part of the purpose of the annexation is to obtain City services; and displayed on the overhead projector a transparency of the property indicating the portion of the property presently in the City limits and the eastern portion of the property outside the City limits. Bruce Franklin, President, Land Resource Strategies, Inc. (LRS), representing the Applicant, Bishop John Nevins and the Diocese of Venice (Diocese), came before the Commission and stated that the property is an approximately 16-acre parcel under unified ownership by the Diocese; that the Diocese plans to build an elementary school which will ultimately replace St. Martha 's Elementary School; and referred to a transparency. of the Annexation Map displayed on the overhead projector indicating the current City/County boundaries which transverses north to south cutting the property almost in half. Mr. Franklin continued that bringing the rest of the property into the City is very important as the school is a City school; that the annexation is one of a number of steps; that an amendment to the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition, has been compiled so property can be included in the Future Land Use Mapi that a neighborhood meeting was conducted; that vacating designated but undeveloped streets will be requested as part of a Site Plan and Minor Conditional Use Application; that a conceptual plan is being developed. Commissioner Quillin asked the size of the proposed school? Mr. Franklin stated that the school will be approximately 79,000 square feet and is planned in modules, allowing for expansion; that Kindergarten through Grade 8 is planned for 800 students. Mayor Cardamone asked if the project will be phased? Mr. Franklin stated yes. Commissioner Quillin asked for clarification of the anticipated school population. Mr. Franklin stated that 800 students could be accommodated if the school expands over time; that six acres are left undeveloped for Euture expansion or possibly a chapel. Mayor Cardamone stated that a major benefit not previously mentioned is the availability of centralized water and sewer. BOOK 46 Page 18634 09/07/99 6:00 P.M. BOOK 46 Page 18635 09/07/99 6:00 P.M. Mr. Franklin stated that water and sewer service is the primary reason for annexing; that the County can provide the utilities; however, working with the City is more comfortable. Mayor Cardamone opened the public hearing. There was no one signed up to speak and Mayor Cardamone closed the public hearing. Commissioner Mason left the Chambers at 7:29 p.m. City Auditor and Clerk Robinson stated that the following documents are made part of the record: The Notice of the Public Hearing for Annexation Application No. 99-ANX-01 published August 29, 1999, and September 5, 1999. Letter dated August 27, 1999 sent via Certified Mail from Mayor Molly C. Cardamone to Chairman Shannon Staub, Sarasota Board of County Commissioners. Certification dated August 12, 1999 by Billy E. Robinson, City Auditor and Clerk regarding Application No. 99-ANX-01 and the Urban Service Boundary. A copy of Proposed Ordinance No. 99-4158 and the Annexation Application No. 99-ANX-01. Memorandum dated August 30, 1999 from Mark Hess, AICP, Senior Planner II, to David R. Sollenberger, City Manager. City Auditor and Clerk Robinson read proposed Ordinance No. 99-4158 by title only. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 99-4158 on first reading. On motion of Commissioner Hogle and second of Commissioner Quillin, it was moved to pass proposed Ordinance No. 99-4158 on first reading. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (3 to 0): Hogle, yesi Quillin, yes; Cardamone, yes. Commissioner Mason returned to the Chambers at 7:35 p.m. 15. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 99-4160, ADOPTING A BUDGET FOR THE CITY OF SARASOTA FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1999, AND ENDING SEPTEMBER 30, 2000; ETC. (TITLE ONLY) = PASSED ON FIRST READING (AGENDA ITEM IV-A-4) #1 (3843) through #2 (0383) Gibson Mitchell, Director of Finance, came before the Commission and stated that this is the first of two required Public Hearings for the adoption of the City's budget for the fiscal year (FY) beginning October 1, 1999, and ending on September 30, 2000; that the proposed budget represents a decrease in the current operating millage of 2.6624 mills to 2.1051 mills, which is a reduction of almost 21 percent; that the Truth in Millage (TRIM) Bill requires the proposed operating millage rate for ad valorem taxes be measured in terms of the roll-back rate, which is the millage rate necessary to yield the same ad valorem tax revenue as generated for the prior year's budget; that the preliminary certification of taxable value from the Property Appraiser is $3,514,833,240, an increase of $268,904,516 or 8.28 percent over last year's taxable value; that the roll-back rate is 2.5020 mills; that the proposed operating millage is 2.1051 mills and is almost a 16 percent decrease from the roll-back rate; that the proposed operating millage of 2.1051 mills will yield $6,520,340 in ad valorem tax revenue for the General Fund, which is a decrease of $1,269,753 in ad valorem taxes from last year's budget; that the debt service millage would be .8550 mills, a 9.7 percent decrease from the current debt service millage of .9486 mills; that the total millage required to finance the proposed budget is 2.9601 mills versus 3.6110 mills last yeari that the effect of the millage on the average taxable house in the City, which is $98,643 as of October 1998, would be a decrease in taxes of $64.21, or an 18 percent reduction. City Manager Sollenberger requested the millage reduction be repeated. Mr. Mitchell stated that a 21 percent decrease in the operating millage and an almost 10 percent decrease in the debt service millage results in an overall decrease of 18 percent. City Manager Sollenberger stated'that the City has attained the target commitment of reducing millage as was projected at the time of consolidation of Fire/Rescue operations with Sarasota County. Mr. Mitchell stated that brochures are available outlining the FY 1999/2000 budget. Mayor Cardamone stated that the prochure is an excellent document; that the budget workshops were excellent and appreciated. Commissioner Quillin stated that although taxes have decreased, property values are increasing, which indicates Sarasota is very healthy; that the City Manager, Mr. Mitchell and Staff did an excellent job of presenting the FY 1999/2000 budget. Mayor Cardamone opened the public hearing. There was no one signed up to speak and Mayor Cardamone closed the public hearing. BOOK 46 Page 18636 09/07/99 6:00 P.M. BOOK 46 Page 18637 09/07/99 6:00 P.M. City Auditor and Clerk Robinson read proposed Ordinance No. 99-4160 by title only. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 99-4160 on first reading. On motion of Commissioner Mason and second of Commissioner Hogle, it was moved to pass proposed Ordinance No. 99-4160 on first reading. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Mason, yesi Quillin, yes; Cardamone, yes; Hogle, yes. 16. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 99-4164, AMENDING CHAPTER 37, WATER AND SEWERS, ARTICLE III, INDUSTRIAL PRETREATMENT PROGRAM, BY MODIFYING THE TITLE OF SAID ARTICLE III; ADDING AND AMENDING DEFINITIONS IN SAID ARTICLE III; PROHIBITING INFILTRATION AND INFLOW FROM PRIVATE BUILDING SEWERS OR BUILDING DRAINS INTO THE CITY'S SANITARY SEWER; REQUIRING A USER TO REPAIR OR REPLACE HIS BUILDING SEWER OR BUILDING DRAIN TO PREVENT INFILTRATION AND INFLOW; PROVIDING FOR AN ADMINISTRATIVE HEARING; AUTHORIZING THE CITY TO PERFORM REPAIRS OR REPLACEMENTS WITH REGARD TO PRIVATE BUILDING SEWERS OR BUILDING DRAINS AND TO ASSESS THE COST THEREOF OR, ALTERNATIVELY, AUTHORIZING DISCONNECTION FROM THE CITY'S SANITARY SEWER; ETC. (TITLE ONLY) - PASSED ON FIRST READING (AGENDA ITEM IV-A-5) #2 (0385) through (1604) City Manager Sollenberger stated that proposed Ordinance No. 99-4164 is the result of the August 16, 1999, Commission workshop concerning the City's water and sewer system; that a program of an advanced method of handling a serious problem municipalities and utility providers experience with sanitary sewers is presented in proposed Ordinance No. 99-4164. William Hallisey, Director of Public Works, and Elliot Groush, P.E., Water and Sewer Engineer, Post, Buckley, Schuh and Jernigan (PBS&J), came before the Commission. Mr. Hallisey stated that proposed Ordinance No. 99-4164, with companion Resolution No. 99R-1212, which will be presented in the future, establishes the legal authority for the City to undertake the repair or replacement of private building sewers and building drains which contribute to inflow and/or infiltration of groundwater into the sanitary sewer system served by Lift Stations (LS) 1 and 5; that the public health, safety and welfare purposes of the proposed ordinance and resolution were established at the August 16, 1999, Commission workshop; and referred to an August 18, 1999, memorandum from Michael Connolly, City Attorney's Office, to Dan Castorani, Manager of the Wastewater Program, providing a discussion of the construction of the legal authority to establish the program. Mr. Hallisey further stated that inflow and infiltration are caused by groundwater and rainwater entering the sewer system during wet weather conditions which creates a potential to overload the system and decrease capacity and efficiency; that the City has invested heavily in correcting the problem; however, a large amount of the flow comes into the system from building sewers, which are the connections from private residences to the City's system; that the necessity to address the problem was demonstrated through a technical presentation at the August 16, 1999, Commission workshop; that public health and safety requires correction of the system; that proposed Ordinance No. 99-4164 amends Chapter 37, Sarasota City Code, 1986, and prohibits infiltration and inflow from private building sewers into the City's system; that users would be required to perform necessary repairs to existing systems; that an administrative hearing process has been developed to hear challenges; that proposed Ordinance No. 99-4164 authorizes the City to make repairs and assess costs or authorize disconnection; that a pilot program will be established in which the City would fund the repair of lines at no cost to the homeowner. Mr. Groush stated that the City and PBS&J have been working to improve the southwest collection system since 1996; that the area generally includes Siesta Key and the mainland area from Bay Road to Fruitville Road; that reports have been prepared identifying defects and repair priorities; that plans and specifications have been prepared for a sewer rehabilitation project; that between 1997 and 1999, over three miles of sewers were repaired and additional lift stations and some new sewers were constructed; that during the study phase, the City has been observing lift station flows from the southwest collection system; that after the previously completed rehabilitation project, studies indicate LS 1 on the mainland and LS 5 at Siesta Key have periods of high flows which correlate directly with rainfall events and high groundwater; that lift station flows were found to increase when groundwater rises above the private sewers. Mr. Groush referred to a schematic depicting the high water ground flows which rise above the building sewer lines periodically and stated that television inspections indicate old building sewer lines constructed with clay, cast iron or orangeburg pipes have cracks and breaks allowing groundwater to infiltrate; that older homes have older pipes, often of BOOK 46 Page 18638 09/07/99 6:00 P.M. BOOK 46 Page 18639 09/07/99 6:00 P.M. substandard materials; that sewer lines are submerged due to low- lying land in the area. Mr. Groush referred to a map indicating the pilot project area in which the City plans to make repairs on private property; and stated that the repairs will benefit all sewer customers as preventing sewer backups from overloaded lift stations decreases the potential threat to the public health, safety and welfare; that the City's responsibility for compliance with the State's Department of Environmental Protection (DEP) and the Federal Environmental Protection Agency (EPA) regulations dictates overflows should not be allowed and existing wastewater treatment capacity should be maintained; that trenchless construction involving a pipe-splitting technique and insertion of a new polyethylene pipe is proposed to avoid destructive open-cut construction. Mr. Groush referred to a transparency depicting the project area and the associated costs and stated that 99 service connections in the LS 5 area and 411 in the LS 1 area will be television inspected; that the estimated number of service connections requiring rehabilitation will result in a cost of approximately $172,000 for the LS 5 area and $715,000 for the LS 1 area for a total estimate project cost of $887,000; that Phase 1 of the project is expected to start shortly and continue through the beginning of the Year 2000; that Phase 2 to perform the recommended repairs and post-construction and monitoring will commence in 2000 and extend into 2001; that the pilot project is in the public interest as defective sewers allow rain and groundwater into the City's collection system, resulting in potential backups and overflows and possible fines and non- conformance with the Clean Water Act; that the project will help reduce the unwanted flows to the wastewater treatment plant, restoring capacity and accommodating City growth. Mr. Hallisey stated that proposed Ordinance No. 99-4164 along with companion proposed Resolution No. 99R-1212 which will be presented at the September 20, 1999, Regular Commission meeting are to approve the project; that funding is available; that the project will be effectuated through a contract available for bid after the beginning of the Year 2000; that upon approval, a community awareness program will be conducted to notify citizens in the pilot area. Commissioner Quillin asked if the criteria for new construction are consistent with the criteria of the proposed program? Mr. Hallisey stated that current construction criteria, which have been in place for some time, prevent the possibility of infiltration in the future; that the material being utilized in the replacement is of superior grade sO infiltration will not reoccur. Mayor Cardamone opened the public hearing. The following people came before the Commission: Randy Ragan, Randy's Plumbing, 2895 Poplar Street (34237), stated that two concerns are: 1) the City will be competing against the private sector doing work which should be performed by licensed plumbers on private property and 2) plumbers are not familiar with the technology, and proper materials may not be available to plumbers for any post-construction tie-ins or repairs. Jon Wolf, 6251 Mandarin Lane (34238), stated that the plumbing industry sympathizes with the City's infrastructure problem; that the industry is willing and able to help; that the City's Department of Building, Zoning and Code Enforcement licenses people to perform plumbing work in the City; that bids are being requested from non-plumbing contractors and by a non-plumbing division of the City, i.e., the Utilities Department; that plumbers' and utilities' regulations, materials, etc. are different; that the program presented refers to material and equipment used in the utility industry which work well and are cost effective in many instances of relining projects involving infiltration or cracks or breaks without tearing up streets, intersections, etc.; that providing new sewers to individuals with defective sewers is wonderful; that the City's engineers have incurred some expense already in determining the location and cause of the infiltration; that the cost of additional sewage treatment plants is extremely high; that controlling the existing infiltration is very expensive; that the City is going on private property; that public utilities should not be working on private property; that the engineers mentioned DEP regulations; that EAP and the Department of Agriculture, which have control over utilities in the State, do not allow the proposed program; that the plumbing codes define the work as plumbing if on private property; that the proposed program will result in more disruptions to property than conventional plumbing; that the products for breaking and lining do not meet the requirements of the Plumbing Code the City has approved and adopted from the State; that although installations will be trenchless, disruptions will still occur; that by law, the City does not have the right to allow the Utility Department to go on private property; and cited a phrase from the title of proposed Ordinance No. 99-4164 as follows: regard to private building sewers or drains and to assess the cost thereof or, alternatively, authorizing disconnection from the City's sanitary sewer Mr. Wolf continued that the phrase should be the City's conclusion; that all the prior language should be stricken before BOOK 46 Page 18640 09/07/99 6:00 P.M. BOOK 46 Page 18641 09/07/99 6:00 P.M. a Commission vote; that otherwise, the City is violating the State Plumbing and Utilities Codes and is encroaching on private property; that a lawsuit will be instituted by the State through the EPA. Donald White, 3631 County Place Boulevard (34231), stated that proposed Ordinance No. 99-4164 is illegal as written according to the State. There was no one else signed up to speak and Mayor Cardamone closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 99-4164 by title only. Mayor Cardamone requested that Staff address the citizens' concerns. Mr. Hallisey stated that the questions posed are good and typical for similar programs; that regarding legal authority, the program has been reviewed by the City Attorney's Office; that upon approval of proposed Ordinance No. 99-4164, the Commission has the legal authority to undertake the proposed program; that repairs will be made utilizing trenchless technology rather than digging; that utilities throughout the Country are recognizing the necessity of addressing private building sewer problems; that significant taxpayer dollars have been spent; that utility funds were previously spent to correct problems in the rights-of-way; that correction of the problems on private property is required; that the program will provide a benefit to all utility customers; that minimizing the necessity for wastewater treatment plant improvements or upgrades is the reason for the project which will forestall and eliminate capacity upgrade requirements for the wastewater treatment plant and the City's collection and transmission mains; that the project was explained in detail at the August 16, 1999, Commission workshop; that engineering data supports the necessity and benefits of the project; that 20 or 30 years ago, the utility business was the first to use PVC pipe, which has now become the standard for private property; that the pipe which will be used for relining pipes in utility systems for the proposed program will someday be used for relining plumbing systems on private property; that a presentation was made to the Building Board of Rules and Appeals which conceptually agreed with and will authorize the project if approved by the Commission. Commissioner Quillin asked for clarification of the language in the proposed ordinance granting permission to perform work on private property. Mr. Hallisey stated that the City will hire a contractor to perform repairs; that a requirement to utilize a licensed plumber will be included in the contract to provide an open and competitive bid opportunity; that the pilot program involves only 500 to 600 service lines; however, an entrepreneur may see a good business investment for the future; that the program's success could afford many opportunities. Commissioner Hogle asked the source of funds for the project? Mr. Hallisey stated that funds of approximately $2 million are available from the 1995 Bond Issue for the southwest collection system and from ongoing budgeted funds available for improvements to the system. Commissioner Quillin stated that the proposed program is for the connection from the City sewer system to the drip line; that the City is not pertorming work on individual plumbing systems. Mr. Hallisey stated that a plumber would assert the drip line is part of the private plumbing system; that traditionally the connection to the drip line is considered part of the private property plumbing system; that the program is innovative; that the City is taking the responsibility for the connection to the drip line and re-plumbing the service line; that the City will not go in the residence, in the slab, etc. Commissioner Quillin asked if any additional connection would be made prior to the drip line or in the vicinity of the drip line? Mr. Hallisey stated that any additional connection required will be determined through a television inspection prior to relining; that the City recently conducted a demonstration project; that an extra connection was found required and repairs made. Commissioner Quillin stated the question concerns future connections. Mr. Hallisey stated that a connection could be made in a manner similar to pipes constructed of other materials; that material is available to make a connection if a house is replumbed or an additional connection is required. Mayor Cardamone stated that two speakers spoke of the plumbing codes and requested additional Staff response. Mr. Hallisey stated that the Building Board of Rules and Appeals has reviewed material concerning the project and he anticipates approval if the Commission approves proposed Ordinance No. 99-4164; that the legislative authority is established by the Commission. BOOK 46 Page 18642 09/07/99 6:00 P.M. BOOK 46 Page 18643 09/07/99 6:00 P.M. Mayor Cardamone asked if the Building Board of Rules and Appeals is a City Board? Mr. Hallisey stated yes. Mayor Cardamone asked for legal clarification of the private property issue. City Attorney Taylor stated that the program is structured considering the interest of the public health, safety and welfare; that infiltration increases operating cost and is using system capacity; that the public health, safety and welfare requires implementation of the program; that potential conflicts are always possible; that the sufficiency of the public purpose supporting the project could be raised; that the City Attorney's Office has rendered an opinion the public purpose is sufficient; that an administrative appeal process and a judicial process is available if a property owner does not wish the City on the private property; that an in-depth legal review of the program was conducted; that the City can support the legality of the program; that the proposed ordinance requires the property owner to participate; that the pilot program is being performed at the City's expense to determine its success. Mayor Cardamone stated that the City is seeking to avoid the treatment of rainwater and stormwater entering into the system by broken or damaged house connections; that large sums of money are expended treating unnecessary water in the system which affects capacity; that the information presented at the August 16, 1999, Commission workshop was impressive; that utilizing a pilot program is commendable; that the program is beneficial to the entire City; that the City is very innovative in launching such an environmentally sensitive project. Commissioner Mason asked for clarification of the position of the EPA and DEP. Mr. Hallisey stated that the regulatory agencies with regulatory purview over the City utilities would be favorable to such a project; that Mr. Wolf was indicating other State agencies could preclude the City from proceeding; that the Commission's legislative authority can establish the legality of the program. Commissioner Quillin stated that the opinion of the plumbing industry representatives is highly respected; however, Staff's report regarding the project indicates infiltration still occurs in the system although repairs have been made; that copies of Staff's report should be made available to those interested; that Staff's recommendation is for a pilot program; that other areas in the City will require the same repairs; that the plumbing industry should inform customers the proposed ordinance will stop infiltration; that expanding the wastewater treatment plant is very expensive; that everyone should participate and cooperate in the endeavor, which will provide for more efficient use of existing facilities; that Staff's presentation concerning the program was impressive; that Staff selected a difficult area in the City to determine if the program will be successful; that success can be determined upon completion of the pilot program; that the City should share information with the plumbers and assist in helping the plumbers understand the program and the benefits to the City. Mr. Hallisey stated that the plumbers' input is welcomed; that information will be provided to the plumbers and any other interested parties. Mayor Cardamone stated that the City has 18,000 water hook-ups, of which the City will repair approximately 450; that a large number of necessary connection line repairs will remain, affording many opportunities for the plumbers who have served the City well over the years. City Manager Sollenberger stated that approximately $30 to $40 million was invested the last time the City made major investments in the wastewater treatment plant; that the speakers were correct in indicating investment in the wastewater treatment plant is extremely expensive, not only in terms of investment of hardware but also in permitting, engineering, etc.; that the Commission is requested to adopt proposed Ordinance No. 99-4164 providing the City legal authority to proceed; that a companion resolution will be provided for the pilot program concurrent with adoption on second reading of proposed Ordinance No. 99-4164, which the Administration recommends passing on first reading. On motion of Commissioner Quillin and second of Commissioner Mason, it was moved to pass proposed Ordinance No. 99-4164 on first reading. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Quillin, yes; Cardamone, yes; Hogle, yes; Mason, yes. 17. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM V) #2 (1604) There was no one signed up to speak. 18. UNFINISHED BUSINESS: DISCUSSION RE: LEGAL FEES AND COSTS BILLING FROM DAVID LEVIN, SPECIAL LEGAL COUNSEL - APPROVED THE PAYMENT OF LEGAL FEES TO ATTORNEY LEVIN (AGENDA ITEM VI-1) #2 (1634) through (2520) City Attorney Taylor stated that Special Legal Counsel, David Levin, has presented a final bill of $133,364.29 for the Administrative challenge to the decision of the Florida BOOK 46 Page 18644 09/07/99 6:00 P.M. BOOK 46 Page 18645 09/07/99 6:00 P.M. Department of Transportation (FDOT) concerning the John Ringling Causeway Bridge replacement; that the City has authorized increments of funding based upon cost estimates, the last of which was approved in December 1998 for a supplemental amount of $110,000 which was exhausted with a bill submitted in March 1999; that funding was not available to pay the entire bill; therefore, a portion was carried forward to the final bill; that the City is awaiting the results of the litigation; however, the services have been performed and completed. Mayor Cardamone stated that the services have been rendered and the bill should be paid. Commissioner Mason stated that payment should be made for the services rendered; that a Commission discussion and development of a plan in anticipation of the court ruling is suggested. Mayor Cardamone asked the issues for consideration Commissioner Mason stated that development of a future course of action should be considered. Mayor Cardamone stated that a favorable decision is strongly anticipated. City Attorney Taylor stated that a decision can be made to appeal the case and continue to litigate or to drop the case due to lack of funding if the final ruling is unfavorable. Commissioner Hogle stated that the Commission met with Attorney Levin after a motion was filed to delay the original hearing; that the rationale for the delay was explained; however, the Commission instructed not delaying the litigation further or spending additional funds without prior consent; that additional funding is now being requested in arrears. City Attorney Taylor stated that the Commission met with Attorney Levin at a February 24, 1999, out-of-che-sunehine attorney/client session to discuss potential settlement options and the costs of litigation; that at the time, the State had filed a lengthy motion; that concern existed regarding the state's tactics; that Attorney Levin indicates the belief the Commission was informed the $110,000 estimate would be exceeded due to matters beyond his control. Mayor Cardamone stated that her personal recollection is Attorney Levin was spending a considerable amount of time providing a substantial amount of information to FDOT, which had not done its homework. City Attorney Taylor stated that the litigation required considerable discovery; that the final bill is significantly higher than the funding already provided; that Attorney Levin is willing to justify the time which was necessitated by the manner in which the litigation was progressing with strong opposition from FDOT; that FDOT hired new attorneys in the final hours of the litigation; that Attorney Levin was required to start at the beginning again. Richard Storm, 707 South Gulf Stream Avenue (34236), representing the Bridge Too High Committee, came before the Commission and stated that members of the Bridge Too High Committee are in the audience to support the Commission's position; that the Commission is commended for the investment in the future of the City; that the Committee feels strongly the case will be won and will be a landmark case in terms of the ways in which citizens can work with elected officials to prevent mistakes; that the cost is substantial; that the Committee has spent a considerable amount of money as an intervenor in the litigation; however, the issue is very important; that recently FDOT agreed to rehabilitate the Bridge of Lions in St. Augustine, Florida, after previously indicating rehabilitation was not possible; that two eastcoast communities have won the right to have bridges rehabilitated; that the John Ringling Causeway Bridge is not an historic bridge but does represent the City's scale and beauty; that the Committee strongly suggests the Commission proceed and pay for the extraordinary work of Attorney Levin and the legal team. Mayor Cardamone asked the Administration's recommendation. City Manager Sollenberger stated that the Administration did not make a recommendation as the Commission is the client; that a resolution appropriating the funds will be presented to the Commission at the September 20, 1999, Regular Commission meeting if payment is approved. On motion of Commissioner Mason and second of Mayor Cardamone who passed the gavel to Commissioner Hogle, it was moved to approve the payment of legal fees to Attorney Levin. Commissioner Mason stated that the services were rendered; that the bill for services should be paid. Mayor Cardamone stated that the previous Commission believed very strongly in the issue, decided to proceed with litigation, and hired the best attorney for the case; that Attorney Levin has had past experience in successfully litigating against FDOT; that the Commission is now honor bound to pay for the legal services. Commissioner Quillin stated that strong personal involvement has occurred regarding the bridge issue; that a bridge should be constructed to Longboat Key to help eliminate the traffic impact BOOK 46 Page 18646 09/07/99 6:00 P.M. BOOK 46 Page 18647 09/07/99 6:00 P.M. on Sarasota and Manatee counties; that the actions of the previous Commission concerning the John Ringling Causeway Bridge replacement are fully supported; that elected officials should challenge and assure home rule and the health and welfare of the community is maintained at a level of utmost importance; that no agency should have the authority to dictate to a community without the consensus of the public; that information has been manipulated, swaying certain people; that aiter discussion, many began to understand the purpose of the Administrative hearing; that Attorney Levin's efforts are applauded; that not having a method of facilitating knowing the costs during the course of the litigation is disappointing; that knowing the costs to the State, which is more than has been communicated, is desired; that approving the payment for legal fees is supported; that the decision concerning the John Ringling Causeway Bridge replacement is one of the most important decisions for the City's future as no agency should be able to dictate and impose its wishes; that home rule provides local governments will govern local matters; that the fortitude of prior Commissioners to proceed is applauded; that the legal brief has been read and is excellent. On motion of Commissioner Quillin and second of Mayor Cardamone, it was moved to call the question. Motion carried: (3 to 1): Cardamone, yes; Mason, yes; Quillin, yesi Hogle, no. Mayor Cardamone called for a vote on the motion to approve the payment of legal fees to Attorney Levin. Motion carried: (3 to 1): Cardamone, yes; Mason, yes; Quillin, yes; Hogle, no. Commissioner Hogle stated that the quality of the service is excellent and should be applauded; that Attorney Levin is the premier legal counsel concerning bridge litigation in the State; that he was not on the Commission at the time the decisions were made; that the decisions may have been different otherwise; that a personal effort was made to facilitate a compromise but was unsuccessful; that agreement is expressed with the comments concerning home rule; that having the transcripts for the February 24, 1999, out-of-the-sunehine attorney/client session would have been preferred prior to a vote. City Auditor and Clerk stated that the transcripts must remain sealed until the court ruling. City Attorney Taylor stated that the transcripts will be made public once the court rules. Mayor Cardamone stated that the cost is a relatively small price to pay to avoid a $30 million mistake, which the high bridge would be; that the citizens' support is appreciated. 19. UNFINISHED BUSINESS: REPORT RE: : STATUS REGARDING MEMORY PATH - APPROVED TO CONTINUE THE ENHANCEMENT PROJECT WITH REGULAR ROUTINE MAINTENANCE IN CONJUNCTION WITH THE ARTIST'S ADVICE AND NOT TAKE ANY FURTHER ACTION REGARDING MEMORY PATH (AGENDA ITEM VI-2) #2 (2520) through (3510) Mark Singer, Attorney, City Attorney's Office, came before the Commission and stated that after Commission discussion but no vote on the possibility of dismantling the artwork entitled Memory Path, a letter was received from the attorney representing the artist, Athena Tacha, indicating movement or removal of the sculpture would be in violation of 1991 Visual Artists' Rights Act (VARA) and removal would make the City liable for damages of $100,000 or actual damages to the extent proven; that the potential for litigation exists; that the City should consider the legal ramifications and the potential exposure for costs and fees in litigating; that the City has limited resources; that as an example, considerable funds were spent in litigating the John Ringling Causeway Bridge replacement issue. Attorney Singer continued that VARA protects the integrity of artists' work which may be compromised if a change is made to the artwork by moving or enhancing the artwork; that protection of the integrity of artists' work is a long-term international concern which was raised almost 100 years ago at the Berne Convention; that the international community has recognized the existence of certain moral rights protecting artists; that VARA established the moral right as a legal right; that the case law concerning VARA is minimal; that guidance is not available; therefore, the outcome in court is not known; that the City entered into an agreement with the artist in July 1991 for Memory Path at a cost of $71,000; that the agreement provides for a transfer of ownership to the City with the artist's retaining the copyrights; that the City retained licenses to use the images for governmental purposesi that the agreement also provides for maintenance or steps the City would be required to take in altering the artwork; that the artist has certain rights under the agreement which were expressed in the letter from the artist's attorney; that information concerning maintenance of the artwork has been sent to the artist; that a proposal by Jack Dowd, well-known local artist of national reputation, for enhancing the images has been forwarded to the artist, who communicated another type of enhancing material is preferred; that the material has been ordered by the City; that two images were enhanced by Mr. Dowd at no city cost using the material; that pictures will be taken and forwarded to the artist for review; that the 1991 agreement requires consultation with the artist which has occurred; that the artist considers Memory Path an important piece of personal artwork. BOOK 46 Page 18648 09/07/99 6:00 P.M. BOOK 46 Page 18649 09/07/99 6:00 P.M. City Attorney Taylor stated that all artists' work does not qualify under VARA. Attorney Singer stated that VARA prohibits the destruction of an artwork of recognized stature; that only one court case has provided any interpretation of VARA since the statute's enactment in 1991; that the courts will probably consider the reputation of the artist, the amount of publicity surrounding the artwork, etc., to determine if VARA applies; that the courts have not yet been requested for a ruling concerning removal and storage of artwork; that one question is if the City should request such a ruling; that several options concerning Memory Path were considered including: removal, storage, relocation or sale; that the artist responded removal/relocation is the best option; however, several practical difficulties arise due to the site typography which is not flat but curvilinear; that the artist indicated exactly matching the topography would be required; that the cost to remove Memory Lane has been estimated at $70,000; that the recommendation is to continue enhancement of the artwork and continue communication with the artist. Commissioner Hogle asked if artists' rights can be eliminated from future agreements? Attorney Singer stated that VARA provides for an artist's waiver; however, requiring a waiver may limit the artists who wish to provide artwork to the City. Commissioner Quillin stated that the artist may not realize the changes in the area in which the artwork is located; that the artist could be invited to the City to see the changes and may have a suggestion as to an appropriate location. City Attorney Taylor stated that the recommendation is not to remove the artwork at this time. Attorney Singer stated that the recommendation of the City Attorney's Office is to continue the enhancement project with regular routine maintenance in conjunction with the artist's advice and not take any further action regarding Memory Path. On motion of Commissioner Hogle and second of Commissioner Mason, it was moved to continue the enhancement project with regular routine maintenance in conjunction with the artist's advice and not take any further action regarding Memory Path. Motion carried unanimously (4 to 0): Hogle, yes; Mason, yes; Quillin, yes; Cardamone, yes. City Manager Sollenberger stated that the artist has provided a video tape of the development of the artwork which is available for viewing if desired; that the cost of restoration of the artwork is under $1000. 20. UNFINISHED BUSINESS: APPROVAL RE: AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE THE FIRST AMENDMENT TO THE AGREEMENT FOR CONSULTING SERVICES WITH BISHOP & ASSOCIATES, INC. FOR THE SIESTA DRIVE DRAINAGE PROJECT - ACCEPTED THE PRELIMINARY REPORT AND APPROVED EXECUTING THE FIRST AMENDMENT FOR THE BICYCLE TRAIL DESIGN AND HAVING STAFF RETURN TO THE COMMISSION TO PRESENT THE BICYCLE TRAIL AGREEMENT (AGENDA ITEM VI-3) #2 (3510) through #3 (0345) Alexandrea Hay, Deputy Director of Engineering/Deputy City Engineer, came before the Commission and stated that the Siesta Drive drainage project began in 1994; that the Siesta Key/Bay Island Association requested the Florida Department of Transportation (FDOT) review the drainage conditions on Siesta Drive; that FDOT believed the funding to correct the drainage problem would be years in the future based on anticipated cost; that City Engineering Staff believes some improvements can be made for $500,000 using swale treatments; that FDOT has been notified and will provide $500,000 in funding for the project. Russell Klier, M.S., P.E., Vice President, Bishop & Associates, Inc., came before the Commission and stated that the proposed project has some constraints; that the area is relatively narrow; that a significant amount of design involvement will be required from FDOT; that completion of the project within the established budget is possible; and referred to a board display indicating the project limits from the western end of the bridge across Roberts Bay to the eastern end of the bridge across Hanson Bayou extending the entire length of Siesta Drive along Bay Island. Mr. Klier stated that the proposal consists of improvements to enhance the drainage on Siesta Drive; that the proposal consists of a 10-foot-wide swale extending along the property lines of the north side of the Siesta Drive and a 5-foot-wide swale along the south side; that relocation of the sidewalk closer to the property line will be required; that the County is considering installing a bicycle path along the roadway which should be accomplished at the same time; that the proposed project will take drainage along the length of Siesta Drive encompassed by the project for discharge into Hanson Bayou; that the proposal includes a treatment pond on the eastern end of the project; that a meeting was held with area residents; that another meeting is planned in the future. Ms. Hay stated that preliminary negotiations have been conducted with the County; that the estimated cost for the bicycle path is acceptable to the County; that a draft agreement has been BOOK 46 Page 18650 09/07/99 6:00 P.M. BOOK 46 Page 18651 09/07/99 6:00 P.M. forwarded to the County for review; that once returned, the agreement will be presented to the Commission for approval. Commissioner Quillin asked the proposed location and size of the stormwater retention pond? Mr. Klier stated that the retention pond will be located on the northeast end of the project in the small park; that the pond will take most of the green space in the center of the park. Commissioner Quillin asked if the stormwater pond will be landscaped? Mr. Klier stated that the hope is to construct a dry pond accessible during dry periods. Mayor Cardamone asked the manner in which the stormwater will be directed into Sarasota Bay? Mr. Klier stated that currently the water goes into the bay untreated; that treatment by percolation from the swales and the pond will significantly correct the stormwater drainage problem. Mayor Cardamone asked if the permits can be obtained? Mr. Klier stated yes; that both FDOT and the Southwest Florida Water Management District (SWFWMD) have been consulted; that the amount of required treatment is possible; however, the proposed system cannot handle major storm events any more than at present; that a similar project was installed on Bay Road and Osprey Avenue; that the permits were obtained. Mayor Cardamone asked the manner in which the project will affect the water problem on Freeling Drive? Ms. Hay stated that a substantial amount of the water problem will be alleviated; however, the proposed system will not solve all major problems. Mayor Cardamone stated that the partnership with the County is liked. Commissioner Quillin asked if street flooding in surrounding areas can be addressed through the project? Mr. Klier stated that the State funding is relatively specific for the State highway system; that Siesta Drive is higher than the surrounding land; that the project will alleviate water running off Siesta Drive onto the surrounding areas. City Manager Sollenberger stated that Administration recommends accepting the preliminary report, approving execution of the First Amendment for the bicycle trail design, and having Staff return to the Commission to present the bicycle trail agreement. On motion of Commissioner Mason and second of Commissioner Hogle, it was moved to approve the Administration's recommendation. Motion carried unanimously (4 to 0): Hogle, yes; Mason, yes; Quillin, yes; Cardamone, yes. 21. UNFINISHED BUSINESS: DISCUSSION RE: TUTTLE AVENUE MEDIAN CLOSING AT WOOD STREET ACCEPTED STAFF'S REPORT AND RECOMMENDATION: NOT TO CLOSE THE TUTTLE AVENUE MEDIAN (AGENDA ITEM VI-4) #3 (0345) through (1620) Alexandrea Hay, Deputy Director of Engineering/Deputy City Engineer, came before the Commission and stated that the Wood Street Neighborhood Association requested the County close the median opening on Tuttle Avenue at Wood Street; that the County forwarded the request to the City; that on August 18, 1999, the City held a neighborhood meeting to discuss the proposal and review Staff's recommendation; that Staff recommends not closing the median opening on Tuttle Avenue at Wood Street as other residential streets in the area would be negatively impacted; that if the County decides to Close the median, Staff recommends closing the median on Tuttle Avenue at Ringling Boulevard and reevaluating the situation in six months; that the Wood Street Neighborhood Association should work with the County on traffic- calming solutions; that the speed humps on Wood Street will be replaced as the lawsuit concerning tratic-controlling devices has now been settled. Commissioner Quillin stated that the majority of residents who attended the neighborhood meeting voted not to close the median opening on Tuttle Avenue at Wood Street and Ringling Boulevard. Ms. Hay stated that Staff's primary recommendation is to leave both medians open; however, the median opening at Ringling Boulevard should be closed temporarily if the County decides to close the median opening at Wood Street. Commissioner Quillin stated that the City Commission should communicate to the Sarasota County Board of County Commissioners that the City does not wish the median opening on Tuttle Avenue at Wood Street closed after holding a neighborhood meeting; that the speed limit on Wood Street is 25 miles per hour; and referred to the traffic impact study included in the Agenda materials indicating the following: BOOK 46 Page 18652 09/07/99 6:00 P.M. BOOK 46 Page 18653 09/07/99 6:00 P.M. Year Traffic Count Number at/above 85th percentile 1999 1911 34 1998 1864 32 1997 2250 34 1996 2555 39 Commissioner Quillin stated that additional law enforcement is needed; that the speed of traific has not been controlled; that better enforcement should be provided; that the City's Comprehensive Plan requires keeping a grid traffic system open; that Wood Street has always been an important east-west street; that residents indicated at the neighborhood meeting Sarasota Ford Dealership has been using Wood Street extensively; that Sarasota Ford was personally contacted and is now changing traffic patterns sO as not to impact Wood Street; that the City can contact employers as necessary to reduce traffic congestion; that the County requested the City's input; that the City should indicate Closure of the median opening on Tuttle Avenue at Wood Street, which is part of the City's primary grid system, is not recommended; that Staff's recommendation concerning the median opening on Tuttle Avenue at Ringling Boulevard should not be presented to the County; that speed humps were not referenced at the neighborhood meeting; that a committee should be established to determine a course of action in the neighborhood; that actions on one street impact other streets; that the repercussions should be considered; that some people on Wood Street do not wish the speed humps replaced. Mayor Cardamone asked for clarification of the speed humps previously installed on Wood Street. Ms. Hay stated that the speed humps were installed; however, the road was subsequently resurfaced which diminished the size of the speed humps from four to two inches; that due to a lawsuit, the speed humps were not replaced; however, the speed humps can be now be replaced as the lawsuit is concluded. Mayor Cardamone stated that the City had many complaints from the residents on Wood Street; that a public hearing was held to consider installing the speed humps; that Wood Street is highly impacted by cut-through traffic; that returning the speed humps is highly recommended; that another public hearing should be held if a disagreement exists at the Commission table. Mary Ann Schumacher, PO Box 1213, (34230), came before the Commission and stated that the Wood Street residents are totally exhausted with the speed hump issue; that Staff's report recommends not closing Wood Street; that at the neighborhood meeting, 63 people indicated the median opening on Tuttle Avenue at Wood Street should not be Closed and 81 indicated the median opening should be closed; however, many wishing to Close the median opening do not live on Wood Street and are not impacted; that the issue is serious; that Engineering Staff has not provided a response as to a date by which the speed humps will be reinstalled; that more law enforcement is required; and referred to a document entitled Tuttle Avenue Median Closing at Wood Street which indicates the Police Department is not in favor of closing the median opening. Ms. Schumacher stated that the police are the worst offenders of speeding on Wood Street; that a temporary median closure to determine if the situation improves is acceptable; that a date by which the speed humps will be reinstalled would be appreciated; that efforts have continued for over two years to resolve the traffic problem; that two years ago extensive discussion occurred at the Commission table. Mayor Cardamone asked if the neighborhood requested closure of the Tuttle Avenue median as a result of the virtual elimination of the speed humps on Wood Street by the repaving. Ms. Schumacher stated yes. Mayor Cardamone asked if reinstalling the speed humps with the addition of a few more would be preferable to closure of the median? Ms. Schumacher stated yes; that the area is affected by cut- through traffic. Mayor Cardamone stated that the problem should be resolved; that resurfacing of areas with speed humps without replacement was not previously known; that the reason is understood; however, resurfacing the street prior to settlement of the lawsuit probably would not have been supported; and asked if Commission consensus exists to reinstall the speed humps? Commissioner Hogle stated that a public hearing will not be necessary; however, an opportunity to visit the area to determine the impact and meet with neighbors is desired. Mayor Cardamone stated that as having cast a previous vote in favor of the speed humps, reinstalling the speed humps is supported. Ms. Schumacher stated that many petitions have been presented requesting speed humps; that the Commission is requested to make a decision; that petitions have been gathered and presented for two years. Commissioner Quillin stated that closing the Tuttle Avenue median is controversial due to the negative impact on other streets in the area, which is the reason the possibility of establishing a committee was discussed at the neighborhood meeting; that trees will be planted in the neighborhood; that sidewalks are being BOOK 46 Page 18654 09/07/99 6:00 P.M. BOOK 46 Page 18655 09/07/99 6:00 P.M. considered; that a yellow traffic line prohibiting vehicle passing should be installed on Wood Street; that an island at the beginning of Wood Street off Tuttle Avenue may alleviate the traffic situation; that such traffic mitigation is better than installing speed humps/bumps which are incensing citizens; that better enforcement is required; that any speeding of police will be stopped if the vehicle numbers are provided; that Sarasota Ford was personally contacted and was pleased to remedy the problem; that School Avenue is closed during school hours contributing to the problem; that a committee should review the traffic pattern in the entire area; that her efforts will be contributed in any way the neighborhood wishes; that the traffic problem affects the entire area; that traffic should be controlled on Wood Street; that speed humps/bumps are not necessary in the community and will not be supported; that public safety officials do not support speed humps/bumps for the health and safety of the community; that everyone owns and has a right to use Wood Street; that a cooperative neighborhood effort is necessary; that complaints concerning the speed humps/bumps on Shade Avenue are received. Ms. Schumacher stated that another committee is not desired; that the neighborhood wishes the speed humps reinstalled. Mayor Cardamone stated that the speed humps should be reinstalled; that the neighborhood and the Commission worked hard to have the speed humps installed originally. Ms. Hay stated that the Commission previously discussed replacing all speed humps with speed tables; that reinstalling the speed humps was not thought prudent until Commission direction was received concerning speed tables; that a contractor is available to replace the two-inch speed humps with four-inch speed humps within approximately a week upon receiving direction from the Commission. Mayor Cardamone asked if Commission direction exists to reinstall the previously approved speed humps on Wood Street? Commissioner Mason stated that more information is desired. Commissioner Quillin stated that a personal suggestion during the neighborhood meeting was to form a committee or task force and to approach the problem from a neighborhood perspective; that a number of people volunteered; that historically, speed humps/bumps were intended as a temporary not permanent solution. Mayor Cardamone stated that personal support for speed humps was not on a temporary measure basis; that speed humps are too expensive for a temporary solution; that two speed humps on Bahia Vista Street have considerably reduced traffic speed and volume; that people do not like to travel on a neighborhood road with an impediment; that the City won a lawsuit and prevailed in a major battle; that the judge indicated driving on neighborhood streets with speed humps can be avoided if alternative routes are available; that a speed hump on Bahia Vista Street was removed due to a nearby development; that the expectation is the speed hump will be replaced upon resurfacing of the street; that reliability is important to maintain confidence in the system; that the present Commission cannot go back and undue carefully craited decisions of prior Commissions; that the decisions of prior Commissions were carefully made and should be respected; that the speed humps on Bahia Vista Street and on Wood Street were carefully considered. Commissioner Hogle stated that speed humps have not been considered by the Commission during his tenure; that traditionally law entorcement, medical and fire safety services do not support speed humps; that many other traffic calming techniques are available; that installing speed tables at each end of the street, reducing the speed limit and adding a yellow line may alleviate traffic violations; that speed humps may not be the solution and will not be supported until a personal evaluation of the area is conducted; that reinstalling the speed humps could be discussed at the September 20, 1999, Regular Commission meeting after a personal evaluation. Mayor Cardamone stated that no other recommendations were received from Engineering Staff. Commissioner Hogle stated that other recommendations are available from public safety officials; that other methods of traffic abatement can slow traffic. Mayor Cardamone stated that speed humps have never been installed on a neighborhood City street without approval from the fire department, emergency rescue and law enforcement; that speed humps were placed only on designated neighborhood streets with alternate routes available. Commissioner Quillin stated that property owners on Ringling Boulevard are reviewing options and have not considered speed humps/bumps; that innovative alternatives have been suggested. Steve Yenny, 3951 Sawyer Road (34233), came before the Commission and stated that citizens involved with the Wood Street project worked with Engineering Staff; that speed humps were approved by Staff and the Commission; that the street was repaved four months later; that the speed humps were scheduled for replacement which did not occur due to the lawsuit; that the Commission decided to spend funds to install the speed humps, so reinstallation should proceed; that speed humps are not placed on streets on a temporary basis. BOOK 46 Page 18656 09/07/99 6:00 P.M. BOOK 46 Page 18657 09/07/99 6:00 P.M. Mayor Cardamone stated that the understanding was repaving did not change street levels due to street milling; and asked the reason for increasing the street level in view of the existing curb and drainage problems. William Hallisey, Director of Public Works, came before the Commission and stated that the goal is to mill all streets; that installing the speed humps on Wood Street was accelerated due to the neighborhood's interest; that the street was subsequently repaved; that the timing to replace the speed humps was, unfortunately, coincidental with the lawsuit; therefore, the speed humps could not be immediately reinstalled. Kafi Benz, PO Box 2900 (34230), representing the Indian Beach/Sapphire Shore Neighborhood Association (IB/SSA), came before the Commission and stated that speed humps or speed tables are not desired; that several seminars concerning traffic calming conducted by prominent individuals in the field have been attended; that speed humps and speed tables are generally the last alternative; that many other traffic calming techniques, i.e., tree canopies, street narrowing, no-passing zones, street closure, etc. are available; that all citizens who pay for the streets should be able to use all City streets; that limiting use turns City streets into private streets; that areas utilizing speed humps have determined a passageway for emergency, fire, buses and law enforcement vehicles is required; that riding a bus travelling over a speed hump creates a physical trauma and can limit the opportunity to use public transportation; that speed humps should not be used to control traffic; that enforcement of the speed limit is essential; that the Commission is urged to consider alternatives. Commissioner Quillin stated that Agenda Item VI-5 concerns traffic calming; that speed humps/bumps have been tried; that the public does not like speed humps/bumps and has a right to use public streets; that the safety of streets for everyone should be assured; that replacing previously existing speed humps is not supported. On motion of Commissioner Quillin, it was moved to consider traffic calming on Wood Street under Agenda Item VI-5 during a policy discussion. Motion died for lack of a second. On motion of Commissioner Hogle and second of Commissioner Quillin, it was moved to accept: 1) the City Engineering Department's study and 2) the Engineering Department's recommendation not to Close the Tuttle Street median and refer the issue back to the Sarasota Board of County Commissioners with the indication the City does not support any other alternative. Motion carried unanimously (4 to 0): Hogle, yes; Mason, yes; Quillin, yes; Cardamone, yes. 22. UNFINISHED BUSINESS: DISCUSSION RE: : TRAFFIC CALMING: ASPHALT SPEED HUMPS, ASPHALT SPEED TABLES, CONCRETE AND BRICK SPEED TABLES AND APPROPRIATE SIGNAGE AND MARKINGS - APPROVED NOT TO CHANGE EXISTING SPEED HUMPS TO SPEED TABLES AND TO INSTALL BRICK AND CONCRETE SPEED TABLES WHERE APPROPRIATE AND ASPHALT SPEED HUMPS OR PLAIN ASPHALT SPEED TABLES WITHIN NEIGHBORHOODS IN FUTURE PROJECTS OR IF THE STREET IS RECONSTRUCTED OR RESURFACED (AGENDA ITEM VI-5) #3 (1620) through (3490) Alexandrea Hay, Deputy Director of Engineering/Deputy City Engineer, came before the Commission and stated that in the past traffic calming has been accomplished in many different ways such as medians, chicanes, street trees, four-way stops, and traffic circles depending on the width of the pavement, the right-of-way available, the configuration of the roadway, the traffic problems and the desires of the neighborhood; that many neighborhoods preferred speed humps; that only utilizing speed humps or speed tables is not advocated; however, Staff would like to determine the types of material which can be utilized if speed humps or speed tables are approved; that at the April 20, 1998, Regular Commission meeting, the Commission requested Staff consider changing all the existing speed humps to speed tables; that recently concrete and brick speed tables were constructed on McClellan Parkway and Orange Avenue; that the attractiveness of speed tables is generally preferred; that a textured asphalt resembling a brick pattern is new and available; that due to the lawsuit, replacing all speed humps with speed tables was delayed; that as the lawsuit has been concluded, the prices for replacing all speed humps with different types of speed tables have been obtained as follows: concrete and brick speed tables $667,120 textured asphalt speed tables 427,800 asphalt speed tables 397,420 Ms. Hay continued that textured asphalt has been installed in a few locations with high traffic density; that the textured asphalt is already wearing through the color coating which will result in ongoing maintenance costs and disruption; therefore, textured asphalt is not recommended at this time; that additionally, Staff does not recommend retrofitting the existing speed humps in the City at this time; that numerous requests are being received for traffic calming; that the City's Capital Improvement Program (CIP) provides for different types of traffic calming measures; that retrofitting all speed humps would consume all the CIP funds for the next the 12 years; that the installation of brick and concrete speed tables at gateway treatment locations is recommended; that Engineering Staff does BOOK 46 Page 18658 09/07/99 6:00 P.M. BOOK 46 Page 18659 09/07/99 6:00 P.M. not advocate either speed humps or speed tables; that the decision should be made by the neighborhoods and the Commission. Joe Moraca, 2163 Hibiscus Street (34239), came before the Commission and stated that the Southeast Sarasota Neighborhood Traffic Committee spent a considerable amount of time and effort considering traffic calming; that the Committee met every two weeks for approximately eight months; that often over 100 people attended the meetings, with an average attendance of 25 to 30 people; that the recommendations were the consensus of the neighborhood, which took the project seriously; that considerable discussion occurred; that the outcome of the many meetings was approved by the Commission; that the engineering firm which converted the conceptual plans to engineering drawings commended the Southeast Sarasota Neighborhood Committee project which includes speed humps, trees plantings, neckouts etc.i i that the entire project should be under construction in a few months; that neighborhoods should be able to develop traffic calming plans; that the neighborhood worked hard to develop the project. Commissioner Quillin stated that the project was developed for the entire neighborhood rather than just one street; that concerns regarding traffic abatement, stormwater, street lighting, etc., were addressed; that lessons have been learned from other traffic calming efforts such the neckouts on Hyde Park Avenue; that good input is received if a large area is involved. Mary Ann Schumacher, PO Box 1213 (34230), came before the Commission, referred to a petition signed by Wood Street residents which was included in the Agenda material requesting speed humps on Wood Street not be replaced with speed tables, and stated that the Wood Street residents do not want speed humps replaced with speed tables, which are not as effective; that speed humps should be reinstalled. Judd Schoenholtz 4689 Pine Harrier Drive (34231), student of Pine View School, came before the Commission and stated that a research project was conducted on pedestrian fatalities; that the claim was heard of children under the age of 18 dying on residential streets; that the suggestion was the only way to prevent the deaths is by installing speed humps; that City and County records have been researched; that 59 deaths occurred within the City limits since 1980, 8 of which involved children under the age of 18; that a 7 year old died on Central Avenue after failing to yield to a right-of-way; that Central Avenue is not considered a residential street; that a 13 year old was killed on Tuttle Avenue after riding his bicycle into oncoming traffic without looking; that a 16-year-old girl was struck by a drunk driver; that a 4 year old was killed in a driveway on a residential street; that none of the accidents could have been prevented by speed humps; that a 75 year old was killed in the County in the turning lane of US 41 and Stickney Point Road in 1998; that a 26 year old was struck by a motorist on Fruitville Road; however, an autopsy revealed the 26 year old was under the influence of narcotics; that a 41 year old was killed in a hit- and-run accident on Fruitville Road; that the average age of the victims is 52 years old; that the assumption that children are being killed in residential areas is not substantiated; that as policy makers, the Commission should consider the data before making a decision; that considering the data, no deaths of children could have been prevented by the installation of speed humps. Michael Hartenstine. 1579 Eastbrook Drive (34231), came before the Commission and stated that the Commission is urged to recede from a misguided policy of the prior Commission; that the installation speed humps are not necessary to promote safety; that speed humps can delay emergency vehicles; that past Commissions have been fixated on speed humps even if other traffic techniques are available; that a speed limit sign placed in the middle of a street Slows traffic; that speed humps depend on making drivers uncomfortable; and displayed for Commission viewing a picture of a street with a speed limit sign place in the middle of the street. Mayor Cardamone stated that serious issue is taken with the statement that the previous Commission was fixated on speed humps; that other traffic calming devices have been installed in various neighborhoods. Sam Schackow, 2355 McClellan Parkway (34239), member of the Southeast Sarasota Neighborhood Traffic Committee, came before the Commission and stated that Sarasota was featured in USA Today as a model for traffic calming in the nation; that after the successful completion of the lawsuit, the City is now going to move away from using a successful tool; that the City should not take away previously installed traffic calming devices; that speed humps are a gentle reminder to speeders; that neighborhoods should be given the right to choose. Charles Kevin Senf, 2346 Pelican Drive (34237), resident of the Alta Vista Park neighborhood, came before the Commission and stated that the Alta Vista Park Neighborhood Association does not represent his position; that the Association's pronouncements should not be considered representative of the approximately 800 residents in the area; that discussions with Commissioner Quillin regarding his personal opposition to speed humps are recalled; that Commissioner Quillin may have listened to constituents and changed her previous support; that speed humps are planned for the area requested by the Southeast Sarasota Neighborhood Association and for Wood Street; that speed data for the Alta Vista neighborhood has been requested but not yet received; that the facts will possibly present a different picture; that the vehicle counts for Wood Street and Ringling Boulevard indicate BOOK 46 Page 18660 09/07/99 6:00 P.M. BOOK 46 Page 18661 09/07/99 6:00 P.M. the average speed is below the posted limits; that all the data has not been received; that 18 of the 37 members of the Southeast Sarasota Neighborhood Association live on Hillview Street; that the neighborhood associations are not necessarily representative of the residents. City Manager Sollenberger stated that the Administration recommends directing the Engineering Department not to change existing speed humps to speed tables and to install brick and concrete speed tables where appropriate and asphalt speed humps or plain asphalt speed tables within neighborhoods in future projects or if the street is reconstructed or resurfaced. On motion of Commissioner Hogle and second of Commissioner Mason, it was moved to approve the Administration's recommendation. Commissioner Hogle stated that flexibility, in types of traffic calming devices including speed ump/Pumps/cables was previously supported; that neighborhood traffic calming is supported; however, an opportunity to review plans is necessary prior to approving new projects; that upon review, projects may be personally supported. Mayor Cardamone stated that a public hearing provides a good opportunity to understand neighborhood traffic concerns. Commissioner Quillin stated that an allocation of $143,000 is incorporated in the motion to approve the Administration's recommendation. Commissioner Hogle stated that the understanding is a cost allocation for future projects. Commissioner Quillin stated that projects are in process at this time. Commissioner Hogle stated that supporting existing projects was not intended. Mayor Cardamone stated that the existing projects are approved. Commissioner Quillin stated that three of five Commissioners are new; that other alternatives for traffic abatement should be investigated to assure a small-town feeling; that enforcement should be enhanced; that last year two police officers were added to the Police Department for the purpose of writing traffic tickets; that community policing is necessary; that the neighbors should be involved; that other methods should be investigated rather than providing $143,000 for projects to install speed humps. Mayor Cardamone asked for clarification of the projects which have been delayed since the lawsuit. Ms. Hay stated that three neignborhoods came before the previous Commission and received project approval; that the Southeast Sarasota neighborhood project includes some speed tables, street lighting, a traffic circle and tree planting; that a project at Bird Key includes two concrete and brick speed tables at the entrance; that a project in South Sarasota involves only speed humps. Commissioner Hogle stated that the motion as presented does not include pending projects; and cited the Administration's recommendation as follows: in future projects or if the street is reconstructed/resurfaced Commissioner Hogle stated that specific projects may be supported but have not yet been reviewed; that projects will not be supported until reviewed. Mayor Cardamone stated that the three projects have already been approved. Commissioner Hogle stated that funding will not be supported until the projects are personally reviewed. Mayor Cardamone stated that the three neighborhoods could be invited to present the projects at the October 4, 1999, Regular Commission meeting. Commissioner Mason agreed. City Manager Sollenberger stated that the Administration's recommendation concerns the policy of speed humps and speed tables; that the projects previously approved involve placing speed humps in many locations; that the previous Commission indicated speed tables should be installed instead of speed humps; that the assumption was the projects would proceed once the lawsuit was resolved; that the recommended policy should be approved; that the plans and rationale for existing projects involving speed humps and tables can be brought back to the Commission at a future meeting. Commissioner Quillin stated that the Administration's recommendation includes funding; that bringing the issue forward at the October 4, 1999, Regular Commission meeting is supported; that a variety of traffic abatement methods are being considered by the Commission; that the public wishes a review of some proposed traffic abatement measures; that speed humps will not be supported; that some methods work better in some places than BOOK 46 Page 18662 09/07/99 6:00 P.M. BOOK 46 Page 18663 09/07/99 6:00 P.M. others; and asked for clarification of the conclusion of the lawsuit. City Attorney Taylor stated that the result of the lawsuit was the challenging parties did not have proper standing; that the possibility of another challenge under different circumstances exists. Mayor Cardamone called for a vote on the motion not to change existing speed humps to speed tables and to install brick and concrete speed tables where appropriate and asphalt speed humps or plain asphalt speed tables within neighborhoods in future projects or if the street is reconstructed or resurfaced. Motion carried (3 to 1): Hogle, yes; Mason, yesi Quillin, noi Cardamone, yes. Mayor Cardamone asked for clarification of the phrase "in future projects or if the street is reconstructed/resurfaced" in conjunction with the Wood Street project and the speed hump on Bahia Vista Street. City Manager Sollenberger stated that a division of Commission opinion exists; that the Administration should not proceed with installation of speed humps without majority Commission support; that the Commission's policy should be determined; that the assumption was of no change in policy, meaning the speed humps on Wood Street and Bahia Vista Street be reinstalled and the installations in the three neighborhoods would proceed; however, the projects should not proceed until discussed by the Commission. Mayor Cardamone stated that residents have worked for a number of years to implement neighborhood trafiic calming programs; that all three previously approved projects should be brought back to the Commission with a public hearing at the October 4, 1999, Regular Commission meeting; that the concern is an apparent lack of confidence in past decisions. 23. UNFINISHED BUSINESS: DISCUSSION RE: TEMPORARY CLOSING OF ORANGE AVENUE AT BOOKER HIGH SCHOOL DURING CERTAIN HOURS OF THE DAY FOR PUBLIC SAFETY PURPOSES - NO ACTION TAKEN (AGENDA ITEM VI-6) #3 (3490) through 4 (0500) Mayor Cardamone stated that the temporary closing of Orange Avenue at Booker High School during certain hours is being considered for public safety reasons. Commissioner Mason stated that Item VI-6 was placed on the Agenda to provide the Commission an opportunity to better understand the traffic situation at Booker High School; that a Commission decision is not required at this time. John Rivers, 1938 34th Street (34234), came before the Commission and stated that enough community discussion has not yet occurred to reach a decision concerning the closing of Orange Avenue; that currently Orange Avenue, 32nd, 33rd and 34th Street is a speedway at school dismissal time; that closing Orange Avenue could negatively impact the surrounding area; that a thorough investigation must be conducted; that a solution must be found; that students are turning off Myrtle Avenue onto Osprey Avenue or Orange Avenue; that a steady parade of vehicles occurs; that working with the community is desired; that a thorough investigation is necessary prior to spending taxpayers' money to assure the best solution has been reached. Commissioner Mason stated that Mr. Rivers lives east of Osprey Avenue near US 301; that the school traffic heavily impacts his neighborhood. Mr. Rivers stated that the Newtown Recreation Center has considerable activity; that parking overflows onto the side streets; that teenagers in vehicles stop on both sides of the street to talk blocking traffic; that a similar problem does not exist elsewhere; that more law enforcement is required for the area during ballgames at the Newtown Recreation Center. Verdya Bradley, Assistant Principal, and Dr. Jack McDonald, Assistant Principal of Booker High School, came before the Commission. Ms. Bradley stated that a video tape of the traffic during school hours is available for Commission viewing if desired; that the issue is safety; that three community meetings have been held; that at school dismissal time a parade of vehicles gathers in front of the school; that the majority are not students; that teenagers of the neighborhood form a parade, picking up students, throwing money out of cars, riding on top of cars and causing a serious traffic situation; that a suggestion is to close Orange Avenue sO parents picking up students would use one of two entrances to the school; and referred to a display board indicating the school campus and the pickup and dropoff points. Ms. Bradley continued that Engineering Staff recommended blocking off three or four streets surrounding the school, which is not recommended by school Staff; that the community is concerned blocking streets will impact the surrounding neighborhoods; that temporarily closing Orange Avenue to determine the neighborhood impact is recommended. Mayor Cardamone stated that the parade of vehicles is a form of recreation; and asked if a different activity would be found if the parade were stopped. BOOK 46 Page 18664 09/07/99 6:00 P.M. BOOK 46 Page 18665 09/07/99 6:00 P.M. Ms. Bradley stated that the parade would possibly continue on another street; that the parade would not continue on another street if no audience existed; that street Closure would be required for only a short period of time; that the school Closes at 1:50 p.m.i that the buses leave at 2:05 p.m.; that the comment was students from the Myrtle Street parking lot are going into the neighborhood; however, students are generally driving from Myrtle Street to US 301; that the traffic in the neighborhood is not created by Booker High School students. Mayor Cardamone stated that a Commission decision is not required at this time; that a presentation including the rationale can be made at a later time. Commissioner Quillin stated that a meeting was held with the Principal of Booker High School; that the parade of vehicles has been a problem for a couple of years; that sawhorses could be placed on each end of the street with a sign indicating the street is closed for a half hour in the morning and afternoon; that students cross the street every 80 minutes; that the crosswalk is brick and is personally liked; that the traffic signal could be changed to a manual operation so the school- crossing guard can change the light to red as necessary; that some good, easy solutions exist; that making some adjustments at the beginning of the school year would have been preferred. Commissioner Hogle asked if more law enforcement can be assigned to the area until a more permanent solution is found? City Manager Sollenberger stated yes. Ms. Bradley stated that law enforcement has been available since the beginning of the school year and has considerably helped the situation. Commissioner Mason stated that school traffic backs up at US 301 and affects the surrounding neighborhood; that another meeting should be held; that the main safety concern is on 32nd through 35th Streets; that senior citizens walk to the community center which is another safety concern due to the heavy traffic volume; that citizens living in the surrounding area should be invited to obtain information regarding the impact of school traffic. Commissioner Quillin stated that a traffic count may be helpful. Commissioner Mason agreed. Mayor Cardamone stated that the issue will be brought back to the Commission table. 24. NEW BUSINESS: APPROVAL RE: NEIGHBORHOOD GRANT PROGRAM FUNDING PROPOSALS APPROVED GRANTS FOR THE LIDO SHORES ASSOCIATION, THE ROSEMARY DISTRICT ASSOCIATION, THE BAYOU OAKS NEIGHBORHOOD ASSOCIATION AND THE GILLESPIE PARK NEIGHBORHOOD ASSOCIATION (AGENDA ITEM VII-1) # 4 (0503) through (0935) Deborah Marks, Neighborhood Coordinator, Neighborhood Development Department, and Rick Liberi, President, Laurel Park Neighborhood Association (LPNA), came before the Commission. Ms. Marks stated that four proposals for funding are presented for the first application period under the Neighborhood Grant Program (NGP); that 12 applications were received after the first notice; that the NGP committee members are Rick Liberi, Kafi Benz, and Jencie Davis, all members-at-large of the Coalition of City Neighborhoods Association (CCNA), along with Mikel Holloway, Captain, Sarasota Police Department and Patrizia Barbone, Neighborhood Planner, Neighborhood Development Department; that the committee reviewed the 12 applications; that during the screening process, the determination was made the questions on the grant applications were not explicit enough; therefore, adequate information to make a decision was not obtained on many of the applications; however, four applications did contain adequate information; that another meeting will be conducted with the committee to re-define and assure the criteria is more clear and concise prior to further advertising; that approximately $28,000 remains available in Eiscal year (FY) 1998/99. Mr. Liberi stated that four requests are recommended for approval as follows: 1. Lido Shores Association - $5,000 for a security gate at the beach access. 2. Rosemary District Association - $300 for distribution of crime watch material and soliciting volunteers via mail. 3. Bayou Oaks Neighborhood Association $856 for the purchase of bicycles for a citizens' mobile crime watch program. 4. Gillespie Park Neighborhood Association - $5,000 for partial funding of the administration costs of Court Watch activities. Mr. Liberi further stated that the City and Commission are applauded for making the NGP available; that the committee is just beginning to get off the ground; that the first round of grants has been reviewed; that the committee attempted to be strict in considering requests which would directly affect crime; that the future holds great potential in garnering ideas from residents for crime reduction in individual neighborhoods as residents are aware of problems of which Staff may not be aware; BOOK 46 Page 18666 09/07/99 6:00 P.M. BOOK 46 Page 18667 09/07/99 6:00 P.M. that the neighborhoods presented innovative and clever approaches to fight crime. Commissioner Hogle asked if any negatives were observed regarding the Lido Shores request? Mr. Liberi stated that the Lido Shores request was not personally supported as part of the minority of the vote; therefore, disputing the committee's action is uncomfortable. Commissioner Quillin asked for clarification of the NGP guidelines and criteria. Ms. Marks stated that the NGP proposal originally presented to the CCNA was broad-based and could be used for any neighborhood improvement from landscaping to crime prevention; that at the CCNA's suggestion, the program was scaled back to issues concerning neighborhood quality of life which also reduce crime or the fear and perception thereof such as signage, video cameras, crime watch items, etc. Commissioner Quillin asked if funding is provided from the Vehicle Impoundment Fund? Ms. Marks stated yes. Mayor Cardamone stated that the Commission can direct the manner in which funds are expended. Ms. Marks stated that is correct; however, expenditures must adhere to the NGP Administrative Regulation. Mayor Cardamone stated that a neighborhood with no crime will never be eligible for a grant. Ms. Marks stated that a neighborhood could be eligible for items such as signage, lighting, etc. Mayor Cardamone asked the manner in which signage prevents crime? Ms. Marks stated that signage defines boundaries and indicates residents are on the alert for crime. The following people came before the Commission: Larry Lieberman, Treasurer, Lido Shores Property Association (LSPA) (34239), stated that the LSPA thanks the Commission for the NGP; however, Staff had a concern with the requested grant, the amount of which seems inconsequential after the wonderful job the City has done with the budget; that the LSPA was approved for the grant by the committee as Lido Shores has a crime problem which emanates from the public park by the beach and which has existed for several years; that some trespassing has been eliminated at the beach area with the help of the Police Department; however, crime still exists in the neighborhood; that the residents are nervous as a gate was erected several years ago between the City park and the Lido Shores entrance but was not effective; that residents retained the gate keys after moving out of the community or gave them to other people; therefore, many people had access to the gate; that a resident sued LSPA due to the ineffectiveness of the gate; that the settlement of the lawsuit required LSPA to install new entry devices on the gate and to provide new entry device controls to current residents of Lido Shores; that the LSPA decided to install a new gate; that the cost of the gate not the entry devices is the basis for the request for the grant; that the entry devices are part of the court settlement; that the grant money is to control crime; that denying the grant due to a lawsuit within a community is no reason to prevent the community from deterring crime; that the grant is for the gate, not the entry devices. Commissioner Quillin asked the total cost of the gate and devices? Mr. Lieberman stated the cost is approximately $12,500. City Manager Sollenberger stated that the Administration recommends approval of the committee's recommendations with the exception of LSPA's request for the gate. Mayor Cardamone asked if the Administration believes the gate is court ordered and if the recommendation would be changed if the request was for a gate which was not court ordered? City Manager Sollenberger stated that the information presented concerning the gate was previously unknown; that the Administration can provide the benefit of the doubt and recommend approval of the committee's recommendation; that some criteria in the NGP should be reconsidered for clarification. On motion of Commissioner Hogle and second of Commissioner Mason, it was moved to approve the four recommendations of the NGP Committee as presented including: 1. Lido Shores Association - $5,000 for a security gate at the beach access. 2. Rosemary District Association $300 for distribution of crime watch material and soliciting volunteers via mail. 3. Bayou Oaks Neighborhood Association $856 for the purchase of bicycles for a citizens' mobile crime watch program. 4. Gillespie Park - $5,000 for partial funding of the administration costs of Court Watch activities. Motion carried unanimously (4 to 0): Hogle, yes; Mason, yes; Quillin, yes; Cardamone, yes. BOOK 46 Page 18668 09/07/99 6:00 P.M. BOOK 46 Page 18669 09/07/99 6:00 P.M. Mayor Cardamone stated that reviewing the applications and observing the wishes of individuals requesting funding was very interesting and enjoyable. Commissioner Quillin stated that as recommended, the grant criteria should be revisited as the process was somewhat confusing. 25. NEW BUSINESS: REPORT RE: TRANSPORTATION: MANAGEMENT ORGANIZATION (TMO) APPROVED TASKS 1 AND 2 WITH A DIRECTION FOR THE ADMINISTRATION TO PREPARE A STATUS REPORT IN NOVEMBER 1999 WITH A RECOMMENDATION AS TO PROCEED OR NOT (AGENDA ITEM VII-2) #4 (0952) through (1580) Charles Pagen, Transportation Engineer, Engineering Department, Pam Truitt, Board Member and Tom Nunan, President of the Downtown Association of Sarasota Inc. (Downtown Association) and Peter Lupia, Research Associate of the Center for Urban Transportation Research (CUTR), came before the Commission. Mr. Pagen stated that CUTR wrote the State's manuals for traffic management, including the handbook concerning Transportation Management Organizations (TMOs), Commuting Alternative Systems and the Transportation Management Associations (TMAs); that TMOS, TMAs, and Transportation Management Initiatives (TMIs) are essentially the same; that a TMO is a non-profit, public/private partnership comprised of public officials, major downtown employers, citizens, and transit officials; that the Florida Department of Transportation (FDOT), the various Metropolitan Planning Organizations (MPOs), CUTR and others are involved in the TMO program to cooperatively promote transportation programs. Mr. Pagen referred to transparencies displayed on the overhead projector during the presentation and stated that TMIs are designed to reduce traffic congestion by moving people rather than vehicles; that assisting commuters improves the air quality by reducing emissions and promotes urban redevelopment; that urban redevelopment is often cited as the primary reason for adopting a Transportation Concurrency Exception Area (TCEA) and referred to a table from the Florida Department of Community Affairs (DCA) indicating 16 of 21 local governments adopt TCEAS primarily for urban redevelopment as follows: : Adopted a TCEA Primarily for Urban Redevelopment Broward County Yes Dade County Yes Coral Gables Yes Daytona Beach Delray Beach Yes David Yes Ft. Lauderdale Yes Hallandale Yes Lauderdale Lakes Yes Miami Springs Yes New Port Richie Ocala Yes Orlando Yes Pensacola Yes Pompano Beach Safety Harbor Yes Sarasota Yes South Miami Tallahassee Tampa Yes West Palm Beach Yes Mr. Pagen continued that the TMI program provides transit bicycle and pedestrian alternatives; that having a TMO serves as a forum and action group for the private sector and public officials to jointly solve current and future transportation problems; that the TMO is a component of the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition; and referred to Illustration T-12A from the City's Comprehensive Plan, a map indicating the TCEA is identical to the Community Redevelopment Area (CRA). Mr. Pagen stated that a TMO has the ability to obtain State funds and Federal funds pursuant to the Transportation Equity Act of the 21st Century Enhancement Act (TEA21) to help solve the City's transportation problems; that TMOS are part of the State and Federal plan to reduce traffic congestion, protect the environment by reducing emissions, and promote growth management and in-fill of redevelopment areas. Ms. Truitt stated that members of the Downtown Association desire to Eunction as partners in the creation of a TMO, which is a means of reducing the necessity for speed humps in area neighborhoods and is a mobility initiative with many different methods for addressing transportation problems; that members of the TMO, a non-profit corporation not controlled by the City, would consist of the following: BOOK 46 Page 18670 09/07/99 6:00 P.M. BOOK 46 Page 18671 09/07/99 6:00 P.M. Developers Major Employers Downtown Association Representatives Citizens Public Officials Representatives from neighborhoods in the affected area Others interested in the issue Mr. Lupia stated that some TMO services typically are: : Assistance to employers and employees assisting in rearranging commuting patterns, including forming vanpools and carpools, using ridematching techniques in cooperation with MPO A Guaranteed Ride Home Program Parking incentives, i.e. reduced rates for high- occupancy vehicles that come into downtown. Mr. Lupia stated that a TMO could provide valuable input from a commuter's perspective regarding the proposed City's 20-Year Master Plan for parks, recreation, and bicycle and pedestrian facilities; that a TMO can provide advice on telecommuting or alternative work schedules and flex time. Mr. Lupia referred to a document entitled the Transportation Management Organization (TMO) Kick-Off Presentation to the City Commission dated September 7, 1999, containing a synopsis of TMOS and a schedule of required events for a definitive determination as to whether a TMO is necessary in the described area; and stated that CUTR has a contract with the FDOT to provide the initial phases of technical assistance in assessing the need for a TMO and subsequently to assist in following up in initiating the TMO; and referred to four required tasks as follows: Task 1 Needs Assessment The interested parties would meet to discuss the transportation needs and priorities for the area. A subset, although not typically done, could be developed involving the general public. Task 2 Creative Problem Solving Workshop to take issues identified in the first meeting and to the next level to arrive at solutions A report of the findings and the viability of a TMO would be provided to the Commission. Tasks 3 and 4 Dependent on the Commission's decision to move forward - Funding would be required from the City or FDOT. Mr. Lupia stated that under CUTR's contract with FDOT, Tasks 1 and 2 will be funded by FDOT with no expense to the City except for time contributed to coordinate meetings. Mr. Nunan stated that studies such as SEMCOM, the annual seminar/conference sponsored by the Downtown Association, have been conducted in the past; that the Downtown Association is willing to devote time to undertake Task 1 to initiate the study; that the TCEA adopted in fiscal year (FY) 1998/99 identifies the Downtown Association as one of the major players depending upon the City's decisions and implementation strategies; that the City may be required to assist in funding, although funding may be obtained from Federal and FDOT sources. Mr. Pagen stated that CUTR will perform Tasks 1 and 2 under the existing contract with FDOT; that Staff time of the Downtown Association and the City's Engineering Department will be required to provide a status report and approval of Tasks 3 and 4; that Mr. Lupia is very experienced being from an area, i.e., Tampa, which has four active TMO-type organizations. Commissioner Quillin asked the location of the TMOS? Mr. Lupia stated that one TMO is in downtown Tampa, one in the Westshore Business District, one at the University of South Florida (USF) north area, and one in downtown St. Petersburg; that four TMO's are in place in south Florida including: downtown Miami, South Beach, downtown Fort Lauderdale and the South Florida Education Center. Commissioner Quillin asked the current status of the St. Petersburg and Tampa TMOS? Mr. Lupia stated that all are well-established; that the youngest, St. Petersburg, is four years old. City Manager Sollenberger stated that the Administration recommends authorizing Tasks 1 and 2 with a status report in November 1999 providing recommendations to continue or not. On motion of Commissioner Quillin and second of Commissioner Mason, it was moved to authorize approval of Tasks 1 and 2 with a direction for the Administration to prepare a status report in November 1999 with a recommendation as to proceed or not. Motion carried unanimously (4 to 0): Hogle, yes; Mason, yesi Quillin, yes; Cardamone, yes. 26. NEW BUSINESS: REPORT RE: GREATER NEWTOWN COMMUNITY REDEVELOPMENT CORPORATION ANNUAL REPORT - RECEIVED REPORT (AGENDA ITEM VII-4) #4 (1585) through (1668) BOOK 46 Page 18672 09/07/99 6:00 P.M. BOOK 46 Page 18673 09/07/99 6:00 P.M. Cynthia Porter, Executive Director, Greater Newtown Community Redevelopment Corporation (GNCRC) came before the Commission, distributed a report detailing GNCRC's contract activities over the past 14 months and work related to the deliverables specified in the initial contract work plan submitted by the GNCRC to the City, and stated that the deliverables have been accomplished. Commissioner Mason stated that the report is well prepared. Mayor Cardamone stated that hearing the Commission's agreement, the GNCRC report is received. Mayor Cardamone stated that the time is 11:30 p.m.i that the meeting will be adjourned unless a vote is made to extend. On motion of Commissioner Mason and second of Commissioner Hogle, it was moved to extend the meeting to complete the Agenda. Motion carried unanimously (4 to 0) : Hogle, yes; Mason, yes; Quillin, yes; Cardamone, yes. 27. NEW BUSINESS: DISCUSSION RE: DESIGNATION OF AREAS FOR APPLICATION SUBMITTAL AS A "FRONT PORCH FLORIDA # NEIGHBORHOODS IDENTIFIED NEWTOWN AS AN APPLICANT FOR DESIGNATION AS A FRONT PORCH NEIGHBORHOOD (AGENDA ITEM VII-3) #4 (1668) through (2028) Gregory Horwedel, Director of Neighborhood Development, came before the Commission, referred to an August 6, 1999, letter from Patrick Hadley, Director of the Office of Urban Opportunity, a new State office proposing the designation of three areas throughout the State as Front Porch communities, and stated that the Front Porch community program is the Governor's initiative to bring together a variety of different programs and funding mechanisms intended to improve the quality of life in neighborhoods; that the City's millennium neighborhoods program targeted for Gillespie Park, Park East and the Rosemary District is similar to the Front Porch community program, placing the City at the forefront of the State in initiating programs for neighborhood improvements; that the State is requesting areas for designation in which the Front Porch initiative can be used most effectively; that the City does not submit the application but rather provides the information required for application to a non-profit sponsor; that the Front Porch initiative is a bottom- up rather than a top-down approach; that the Commission may wish to determine which areas to support for designation as a Front Porch community as the City will be presented a plan and requested to fund a number of components; that an area should be designated immediately as the deadline is September 15, 1999; that the application is simple; that only one area should be submitted although three areas will be designated throughout the State in 1999; that submitting a number of applications would not be productive. Commissioner Mason stated that ten applications will probably be approved in the second year of the program. Commissioner Quillin stated that the Front Porch program is exciting; that a report was distributed in Agenda Item VII-4 which contained the background data necessary to make an impressive first application; that brownfield/urbaculture and storefront programs are being implemented in Newtown which would tie in with the Front Porch program; that chances of being selected are excellent as the State can be shown investments have already been made; that additional information concerning the program is necessary. Commissioner Mason concurred. Commissioner Quillin stated that a non-profit organization is in place in Newtown; that all the elements are together to make an impressive application. Commissioner Hogle stated that an initial inclination was toward Gillespie Park, which is a great neighborhood; however, plans are already in place for Gillespie Park, the Rosemary District and Park East; that the Front Porch program could bolster an additional neighborhood, i.e., Newtown. Mr. Horwedel stated that the application is relatively simple; that much of the information had been gathered through the neighborhood action strategies effort; that the application can be easily submitted with the support of an organization designated by the Commission. Commissioner Quillin asked if the Front Porch program can be tied in with Newtown's brownfield/urbaculture and Storefront programs? Mr. Horwedel stated that the linkages exist; that other funding sources are available for the Gillespie Park, Rosemary District and Park East neignborhoods; that updating the redevelopment plan of the Community Redevelopment Agency (CRA) with the possible expansion of the geographic area encompassed is yet to be resolved; that the recently enacted growth management policy act, called the In-Fill Redevelopment Act, has a number of incentives which may be more effective in the Gillespie Park, Rosemary District, Park East neighborhoods; that designating Newtown for the Front Porch application is supported. On motion of Commissioner Mason and second of Commissioner Quillin, it was moved to identify Newtown as an applicant for designation as a Front Porch neighborhood. BOOK 46 Page 18674 09/07/99 6:00 P.M. BOOK 46 Page 18675 09/07/99 6:00 P.M. Commissioner Quillin asked if application can also be made for designation of Newtown as an Enterprise Zone? Mr. Horwedel stated that discussions regarding designation of an Enterprise Zone are being conducted with the State; that in 1998, only a two-day window for application was available; that the State advised the program was frozen and no Enterprise Zones were being designated; however, Bradenton received designation as an Enterprise Zone toward the end of the State legislative session through the efforts of John McKay, State Senator for District 26; that the City is ideally positioned to submit an application for an Enterprise Zone as much of the information is gathered; that support of local legislators is required to bring the application to the legislature; that an effort was made to meet with Lisa Carlton, State Senator for District 24; however, she was out of town; that every avenue will be pursued; that an Enterprise Zone has specific benefits which can be used in Newtown and other areas in the City. Mayor Cardamone asked if applying for the Front Porch designation eliminates the opportunity to apply for an Enterprise Zone. Mr. Horwedel stated no. Mayor Cardamone called for a vote on the motion to identify Newtown as an applicant for designation as a Front Porch neighborhood. Motion carried unanimously (4 to 0): Hogle, yes; Mason, yes; Quillin, yes; Cardamone, yes. 28. BOARD APPOINTMENT RE: : BOARD OF ADJUSTMENT - REAPPOINTED GEORGIA NICHOLSON AND APPOINTED RICK LIBERI (AGENDA ITEM VIII-1) #4 (2030) through (2100) Mayor Cardamone stated that Ernest Babb has resigned from the Board of Adjustment. City Auditor and Clerk Robinson that the term of Georgia Nicholson has expired; that Ms. Nicholson has expressed an interest in and is eligible for reappointment. On motion of Commissioner Hogle and second of Commissioner Mason, it was moved to appoint Mr. Liberi to the unexpired term of Mr. Babb and to reappoint Ms. Nicholson to a second term on the Board of Adjustment. Commissioner Hogle stated that Mr. Liberi has given the City considerable time in the neighborhoods and will make an excellent member of the Board of Adjustment; that Mr. Liberi has tried to educate the Commission on different views, which is appreciated. Commissioner Hogle stated that reappointing Georgia Nicholson is highly recommended; that Ms. Nicholson has been performing an excellent job and is wonderful for the City. Mayor Cardamone asked the length of the unexpired term? City Auditor and Clerk Robinson stated that the term expires in May 2000. Mayor Cardamone called for a vote on the motion. Motion carried unanimously (4 to 0): Hogle, yes; Mason, yes; Quillin, yes; Cardamone, yes. Mayor Cardamone announced the reappointment of Georgia Nicholson and appointment of Rick Liberi to the Board of Adjustment. 29. BOARD APPOINTMENT RE: COMMUNITY DEVELOPMENT ADVISORY COMMITTEE - DELAYED APPOINTMENTS (AGENDA ITEM VIII-2) #4 (2100) through (2188) Mayor Cardamone stated that Resolution No. 99R-1185 established a new board, the Community Development Advisory Committee; that the Commission is to appoint three members with the following qualifications: 1. one citizen who is actively engaged in the banking or mortgage banking industry in connection with affordable housing, 2. one citizen who is actively engaged as an advocate for low-income persons in connection with affordable housing, and 3. one citizen at large. Commissioner Quillin stated that citizens have indicated an interest in applying for the Community Development Advisory Committee; however, the deadline was not previously known; that the citizens have not yet submitted applications; that the Commission's approval to bring the appointments back at another meeting is requested. Commissioner Hogle agreed. Commissioner Quillin stated that the Community Development Advisory Committee will be making important decisions concerning Community Development Block Grant (CDBG) funds, etc. Mayor Cardamone asked if a particular seat is of interest? Commissioner Quillin stated that one seat is designated for a citizen who is a banker; that another seat is designated for an advocate for low-income housing. BOOK 46 Page 18676 09/07/99 6:00 P.M. BOOK 46 Page 18677 09/07/99 6:00 P.M. Mayor Cardamone stated that not having a Newtown resident who has applied is a concern; that the active participation of Commissioners in identifying interested citizens would be appreciated; that other good applications have been received. Commissioner Quillin stated that one individual from each of the Commission districts should be identified. Mayor Cardamone asked if the appointments should be delayed to the September 20, 1999, Regular Commission meeting. City Auditor and Clerk Robinson stated that the Mayor will not be present at the September 20, 1999, Regular Commission meeting; that the appointments could be delayed to the October 4, 1999, Regular Commission meeting, depending upon the number of applications received. 30. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA (AGENDA ITEM X) #4 (2188) through (2235) COMMISSIONER QUILLIN: A. stated that the City has proclaimed September 12 through 18, 1999 as "No Barriers Week"; that HealthSouth Rehabilitation Hospital of Sarasota is sponsoring the event; that the primary focus is to educate the community and the City's youth concerning the challenges faced by citizens with disabilities; that many activities such as golf tournaments are being conducted; that Commissioner Mason and V. Peter Schneider, Deputy City Manager, will join her in wheelchairs on September 17, 1999. Mayor Cardamone stated that Commissioner Quillin will present the proclamation. 31. OTHER MATTERS/ADMINISTRATIVE OFFICERS (AGENDA ITEM XI) #4 (2235) through (2285) CITY AUDITOR AND CLERK ROBINSON: : A. stated that the Community Redevelopment Agency (CRA) will hold a workshop meeting on September 14, 1999, at 6 p.m. concerning the proposed Ringling Park development; that the meeting will be televised on government access television Channel 52; that citizens' input is not allowed at workshop meetings. Mayor Cardamone stated that all the Commission meetings are not listed in the government schedule in the newspaper, for example, the September 7, 1999, 2 p.m. Commission workshop. City Auditor and Clerk Robinson stated that the newspaper will be advised. 32. ADJOURN (AGENDA ITEM XII) #4 (2285) There being no further business, Mayor Cardamone adjourned the Regular meeting of September 7, 1999, at 11:45 p.m. a Ca he SATA MOLLIE C. CARDAMONE, MAYOR EST 4 ctw E Rebensori BILEY EFROBINSON, CITY AUDITOR AND CLERK BOOK 46 Page 18678 09/07/99 6:00 P.M.