BOOK 50 Page 22085 11/19/01 6:00 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF NOVEMBER 19, 2001, AT 6:00 P.M. PRESENT: Mayor Carolyn J. Mason, Vice Mayor Mary J. Quillin, Commissioners Richard F. Martin, Lou Ann R. Palmer, and Mary Anne Servian, City Manager Designate Michael A. McNees, City Auditor and Clerk Billy E. Robinson, and City Attorney Richard J. Taylor ABSENT: None PRESIDING: Mayor Mason The meeting was called to order in accordance with Article III, Section 9(a) of the City of Sarasota Charter at 6:03 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. PRESENTATION RE: : 2001 FLORIDA GOVERNMENT COMMUNICATOR ASSOCIATION (FGCA) ÇRYSTAL AWARDS FOR THE "CITY LIFE" AND "ON PATROL' " TELEVISION SHOWS #1 (0000) through (0130) CD 6:01 through 6:06 Mayor Mason requested that Billy Robinson, City Auditor and Clerk, Shawn Fulker, Assistant City Auditor and Clerk Media Operations, John Nopper, Government Access Production Specialist, and Miles Larsen, Government Access Program Coordinator, City Auditor and Clerk's Office and Jay Frank, Public Information Officer, Sarasota Police Department, join her and the Commission before the Commission table and stated that the City Auditor and Clerk's Office produces a variety of television programming for broadcast on AccessSarasota, Channel 19, the government access channel; that the City Auditor and Clerk's Office produces three, 30-minute magazine-style programs which focus on the work of City government and topics of interest around the City as well as broadcasting City Commission and Planning Board/Local Planning Agency meetings; that recently a City Life and an On Patrol show with the Sarasota Police Department, were entered into a Statewide competition sponsored by the Florida Government Communicator's Association (FGCA) ; that the awards are competitive as smaller cities compete with larger cities and counties many of which maintain more extensive and expensive government access television operations; that the awards were presented at the recent FGCA annual conference in Ft. Lauderdale, Florida; that announcing the City Life show for the first place award and the On Patrol show for the second place award is a pleasure; that congratulations are extended to the City Auditor and Clerk's Office and Mr. Frank on the achievement. 2. PRESENTATION RE: : MAYOR'S CITATION RECOGNIZING CAROL KOPECK AND MARTIE LIEBERMAN, CO-CHAIRS OF THE TOUR AND SYMPOSIUM ENTITLED "AN AMERICAN LEGACY: : 2001 SARASOTA SCHOOL OF ARCHITECTUREY HELD FROM NOVEMBER 1 THROUGH 5, 2001, CELEBRATING THIS IMPORTANT PERIOD OF SARASOTA'S HISTORY #1 (0130) through (0350) CD 6:06 through 6:13 Mayor Mason requested that Carol Kopeck and Martie Lieberman CO- Chairs of the Steering Committee for the Tour and Symposium entitled "An American Legacy: The Sarasota School of Architecture" (2001 Tour and Symposium) join her and the Commission before the Commission table. Mayor Mason read in its entirety the Mayor's Citation indicating that Carol Kopeck and Martie Lieberman co-chaired the Steering Committee Tour and Symposium held in Sarasota from November 1 through 5, 2001, celebrating the architects who developed a style known as the Sarasota School of Architecture in the 1940s, 1950s, and 1960s; that the goals of the 2001 Tour and Symposium were to educate and inform the public concerning the Sarasota School of Architecture which has been identified as a high point in mid-century modern architecture and to begin and encourage preservation efforts of examples of the style in the community. Mayor Mason requested that Vice Mayor Quillin complete the presentation. Vice Mayor Quillin stated that the 2001 Tour and Symposium was sponsored by the Fine Arts Society of Sarasota with funding provided by numerous grants from Northern Trust Bank of Florida, the University of Florida, and other local businesses as well as various local, state, and national agencies; that the success of the 2001 Tour and Symposium was also due to the donations of numerous in-kind services and the efforts of volunteers who devoted hundreds of hours to the event; that Ms. Kopeck and Ms. Lieberman worked tirelessly to coordinate the unique event to showcase Sarasota as the birthplace of the Sarasota School of Architecture and to allow others to experience the distinctiveness of the City which sparked the phenomenon known worldwide as the Sarasota School of Architecture; that the City BOOK 50 Page 22086 11/19/01 6:00 P.M. BOOK 50 Page 22087 11/19/01 6:00 P.M. and the citizens of the community take great pride in recognizing the efforts and work of Ms. Kopeck and Ms. Lieberman to arrange and facilitate the 2001 Tour and Symposium and to promote the City as a great place in which to work and live; and presented Ms. Kopeck and Ms. Lieberman with the Mayor's Citation. Ms. Kopeck stated that the efforts of the advisors, steering committee members, John Howey, author of the book entitled The Sarasota School of Architecture: 1941-1966, volunteers, and the City are appreciated; that the enthusiasm of Staff was appreciated; and distributed to the Commission tote bags containing a video and information related to the 2001 Tour and Symposium. Ms. Lieberman stated that gratitude is extended for the award; that buying a structure designed in the Sarasota School of Architecture style is encouraged. 3. PRESENTATION RE: : MAYOR' S CITATION TO JOHN HOWEY, AUTHOR OF THE BOOK ENTITLED THE SARASOTA SCHOOL OF ARCHITECTURE : 1941-1966 WHICH PROVIDED THE FIRST SOLID DOCUMENTATION OF THE SARASOTA GROUP'S DESIGNS AND THEORIES AND HELPED REÇOGNIZE THE STYLE AS AN IMPORTANT CHAPTER IN AMERICAN MODERNISM #1 (0350) through (0500) CD 6:13 through 6:17 Vice Mayor Quillin requested that Mr. John Howey join her and the Commission before the Commission table and read in its entirety the Mayor's Citation indicating that in 1995, John Howey published a book entitled The Sarasota School of Architecture: 1941 1966, providing the first solid documentation of the designs and theories of a group of architects who developed a style which became known as the Sarasota School of Architecture (Sarasota School) and identified the style as a high point in the development of modernism in American architecture; that in his book, Mr. Howey investigates the early influences on the Sarasota School, chronicles the pivotal events affecting the Sarasota architects, traces the effect of changing economic, social, and political agendas on Sarasota's culture, and documents the philosophy and results of the Sarasota School; that Mr. Howey included in the book a rich archive of photographs, sketches, designs, and plans which provide the historical perspective of the fresh, innovative work of a group of architects who congregated in Sarasota and were influenced by the local climate, construction practices, regional culture, and Florida lifestyle, capturing the imagination of the international community in the late 1940s, 1950s, and into the 1960s; that through the book, Mr. Howey helped preserve and celebrate a bygone era in Sarasota's history of hazy days on sun-drenched beaches, sultry sunsets, and tropical breezes, inspiring the Sarasota School structures which embody a philosophy and way of life and which are as timeless and as of-the-time; that interest in the Sarasota School was energized by Mr. Howey's book and reached a new level with the Tour and Symposium entitled "An American Legacy: The Sarasota School of Architecture" held November 1 through 5, 2001, in which Mr. Howey played a significant role; and presented Mr. Howey with the Mayor's Citation. Mr. Howey stated that a lack of job opportunities in the 1960s prevented living in Sarasota; that Tampa is home; however, Sarasota is considered a second home; that gratitude is extended for the honor. 4. CHANGES TO THE ORDERS OF THE DAY = APPROVED #1 (0500) through (0555) CD 6:17 through 6:19 City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Remove under Consent Agenda No. 1, Item No. III A-1, Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Sovereignty Submerged Lands Modification from the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, relating to Marina Jack marina operations area, per the request of City Attorney Taylor B. Add under Unfinished Business, Item No. VI-3, Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Grant Agreement between the City of Sarasota and Court Watch, from the City's Neighborhood Grant Program, per the request of City Manager Designate McNees. On motion of Commissioner Palmer and second of Commissioner Martin, it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (5 to 0): Martin, yesi Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. BOOK 50 Page 22088 11/19/01 6:00 P.M. BOOK 50 Page 22089 11/19/01 6:00 P.M. 5. APPROVAL RE: : MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF NOVEMBER 5, 2001, THE STATUTORY SARASOTA CITY COMMISSION MEETING OF NOVEMBER 7, 2001, AND THE SPECIAL SARASOTA CITY COMMISSION MEETING OF NOVEMBER 13, 2001 = APPROVED (AGENDA ITEM I-1, -2, AND -3) #1 (0555) through (0610) CD 6:19 through 6:19 Mayor Mason asked if the Commission had any changes to the minutes? Mayor Mason stated that hearing no changes, the minutes of the November 5, 2001, Regular Commission meeting, the November 7, 2001, Statutory Commission meeting, and the November 13, 2001, Special Commission meeting are approved by unanimous consent. 6. CONSENT AGENDA NO. 1: ITEM NOS. 2, 3, 4, 5, 6, 7,8, 9, 10, AND 11 = APPROVED (AGENDA ITEM III-A) #1 (0610) through (0780) CD 6:19 through 6:25 Commissioner Servian requested that Item No. 6 be removed for discussion. 2. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a contract between the City of Sarasota and Dufrense-Henry Consulting, Inc., (RFP 01- 71M), for Engineering Consultant Services for the Payne Park Reuse Transmission 3. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Cooperative Funding Agreement between the City of Sarasota and Southwest Florida Water Management District, for the City of Sarasota Toilet Rebate Project (K593) 4. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Cooperative Funding Agreement between the City of Sarasota and Southwest Florida Water Management District, for the City of Sarasota Payne Park Reuse Project (K589) 5. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Agreement between the City of Sarasota and the State of Florida Department of Environmental Protection, for the New Pass Maintenance Dredging Project with Florida Department of Environmental Protection for the Marine Turtle Protection on Lido Beach 7. Approval Re: Award of contract and authorize the Mayor and City Auditor and Clerk to execute a contract between the City of Sarasota and Jon F. Swift, Inc., for the construction of the extension of the left turn lane on west bound Fruitville Road just east of U.S. 41, for an amount not to exceed $65,000 8. Approval Re: Authorize the Mayor and City Auditor and Clerk the execute the Municipal Services and Pre- Annexation Agreement between the City of Sarasota and Greg Wahl for water service for a developed site located at 2910 Hawthorne Street 9. Approval Re: Monthly activities report from the Downtown Association 10. Approval Re: Monthly activities report from the Greater Downtown Action Team (GDSAT) 11. Approval Re: Monthly report on the activities at the Urbaculture site On motion of Vice Mayor Quillin and second of Commissioner Martin, it was moved to approve Consent Agenda No. 1, Item Nos. 2, 3, 4, 5, 7, 8, 9, 10, and 11. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. 6. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the License Agreement between the City of Sarasota and Central Parking Systems of Florida, Inc., to use the Van Wezel Performing Arts Hall parking lot for valet parking commencing on October 19, 2001, and terminating on October 18, 2002 Commissioner Servian stated that retroactively authorizing the License Agreement between the City and Central Parking Systems (License Agreement) which has not been noticed to the public is a concern; that the License Agreement does not indicate reduced rates for handicapped parking. City Manager Designate McNees stated that the previous parking vendor notified the City of a rate increase; that the City had no recourse under the contract the parking vendor held with the City; that the City contracted with the only other vendor who bid to provide the service; that an agreement was reached with Central Parking Systems for a discounted rate for handicapped parking subsequent to the development of the draft License BOOK 50 Page 22090 11/19/01 6:00 P.M. BOOK 50 Page 22091 11/19/01 6:00 P.M. Agreement included in the Agenda backup material; that handicapped patrons will utilize the existing $2 discount and park for $5 instead of $7. John Wilkes, Executive Director, and Casey Humpert, Finance Manager, Van Wezel Performing Arts Hall (VWPAH), came before the Commission. Mr. Wilkes stated that two companies previously indicated interest in providing the parking service to the VWPAH; that the selected parking vendor indicated the parking rates would be increased; that the second company, Central Parking, was interested in providing the service and quoted the same increased rate but was chosen as better service will be provided. Commissioner Martin asked if the parking rate increase would provide an increase in income for the VWPAH? Mr. Wilkes stated yesi that in fiscal year (FY) 2000/01, the net profit was $1,196 for the entire season; that the increase in parking prices will approximately triple the net profit; that the VWPAH goal is to maintain the parking service and provide equitability for the VWPAH and the City. Commissioner Martin stated that attempting to find additional revenue is appreciated. On motion of Commissioner Palmer and second of Commissioner Servian, it was moved to approve Consent Agenda No. 1, Item No. 6 with an amendment regarding reduced handicapped parking fees. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yesi Mason, yes. 7. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 01R-1409) ADOPTED; ; ITEM 2 (RESOLUTION NO. 01R-1420) = ADOPTED; and ITEM 3 (RESOLUTION NO. 01R-1442) ADOPTED (AGENDA ITEM III-B) #1 (0780) through (0960) CD 6:25 through 6:31 Vice Mayor Quillin requested that Item No. 1 be removed for discussion. 2. Adoption Re: Proposed Resolution No. 01R-1420, approving Major Conditional Use Application 01-CU-17 and Site Plan Application 01-SP-35 to allow a garden and special events terrace as a Major Conditional Use accessory to a hotel on property having a street address of 140 Sunset Drive; providing for conditions of approval and provisions that said garden and special events terrace are required to be constructed and located in accordance with the Site Plan submitted with Application 01-SP-35; (Title Only) (Applicant Brenda Patten, Esq., as agent representing Core Development, Inc., a Kansas corporation, as owner) 3. Adoption Re: Proposed Resolution No. 02R-1442, appropriating $450,000 from the Water and Sewer Bond Construction Fund #400 to provide funds for the cooperative funding agreement between the Southwest Florida Water Management District and the City of Sarasota for the City of Sarasota Payne Park Reuse Project (K589). City Auditor and Clerk Robinson read proposed Resolution No. 01R-1442 in its entirety and proposed Resolution No. 01R-1420 by title only. On motion of Commissioner Martin and second of Commissioner Palmer, it was moved to adopt Consent Agenda No. 2, Item Nos. 2 and 3. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Martin, yesi Mason, yes; Palmer, yes; Quillin, yes; Servian, yes. 1. Adoption Re: Proposed Resolution No. 01R-1409, appropriating $300,000 from the Unappropriated Fund Balance of the General Fund to fund the Special Legal Counsel for the litigation involving the Van Wezel Performing Arts Hall (VWPAH), etc. Vice Mayor Quillin stated that a November 21, 2001, out-of-the- sunshine meeting regarding the VWPAH litigation is scheduled; and asked if appropriating funds for Special Legal Counsel for the VWPAH litigation prior to the out-of-the-sunshine meeting to discuss strategy is required? City Attorney Taylor that the out-of-the-sunshine meeting is an opportunity for the litigating attorney to discuss various strategies which may be employed and parties who may be BOOK 50 Page 22092 11/19/01 6:00 P.M. BOOK 50 Page 22093 11/19/01 6:00 P.M. encountered during litigation; that funding may be discussed; however, the funding requested in proposed Resolution No. 01R-1409 will require appropriation even though the out-of- the-sunshine meeting is being held. Vice Mayor Quillin asked if a portion of the expenses for litigation is the responsibility of the insurance company? City Attorney Taylor stated that litigation expenses will be covered by an order of the court if the litigation comes to a successful completion and the City is the prevailing partyi that recovering a significant portion of the legal expenses is expected if the City prevails. City Auditor and Clerk Robinson read proposed Resolution No. 01R-1409 in its entirety. On motion of Commissioner Palmer and second of Commissioner Martin, it was moved to adopt Consent Agenda No. 2, Item No. 6. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Mason, yes; Palmer, yes; Quillin, yes; Servian, yes; Martin, yes. Mayor Mason requested that City Auditor and Clerk Robinson explain the public hearing sign-up process. City Auditor and Clerk Robinson stated that all persons wishing to speak at the public hearings are requested to complete a Request to Speak form; that speakers at the non quasi-judicial public hearings will have five minutes to speak; that speakers will be timed and will be advised when one minute remains; however, no one has signed up to speak at this time; that Staff is not required to take an oath to present non-quasi judicial matters. 8. NON QUASI-JUDICIAL PUBLIC HEARING RE: : PROPOSED ORDINANCE NO. 00-4258, AMENDING THE CODE OF THE CITY OF SARASOTA, CHAPTER 29.5, SITE IMPROVEMENTS ENGINEERING DESIGN CRITERIA, SECTION 29.5-4 (C) (2) IN ORDER TO CLARIFY THOSE CIRCUMSTANCES WHEN NEW DEVELOPMENTS AND ADDITIONS OR ALTERATIONS TO EXISTING DEVELOPMENTS WILL BE SUBJECT TO REVIEW BY THE CITY ENGINEER FOR COMPLIANCE WITH THE REQUIREMENTS OF THE CITY CODE AND WITH THE ENGINEERING DESIGN CRITERIA MANUAL AND THOSE CIRCUMSTANCES WHEN MINOR ADDITIONS OR ALTERATIONS TO EXISTING DEVELOPED PROPERTY WILL BE EXEMPT FROM SUCH REVIEW; ; ETC. (TITLE ONLY) PASSED ON FIRST READING (AGENDA ITEM IV-A-2) #1 (0960) through (1175). CD 6:31 through 6:37 Dennis Daughters, Director of Engineering/City Engineer, and Richard Winters, Project Manager, Engineering Department, came before the Commission. Mr. Daughters stated that proposed Ordinance No. 00-4258 is to clarify development requirements of the Engineering Design Criteria Manuel (EDCM) to indicate which additions or alterations to existing developed property will be subject to EDCM compliance review by the City Engineer; that the Engineering Department reviews certain new developments for compliance with the EDCM; that proposed Ordinance No. 00-4258 includes a comprehensive explanation for the EDCM compliance review of single-family dwellings; that certain single-family dwellings were exempt in the past; that any structure, including single-family dwellings within a new sub-division, will be included in the EDCM compliance review under proposed Ordinance No. 00-4258; that any new residential units including single-family dwellings which result in a cumulative amount of eight or more units would also be subject to the EDCM compliance review. Vice Mayor Quillin asked if proposed Ordinance No. 00-4258 would affect property currently under development? City Attorney Taylor stated that proposed. Ordinance No. 00-4258 will not affect property currently under development. Vice Mayor Quillin asked if the Habitat for Humanity International (HFH) project (HFH Project) located northeast of Tuttle Avenue on Fruitville Road would be affected by proposed Ordinance No. 00-4258. Mr. Daughters stated that the HFH Project was previously reviewed and will not be affected by proposed Ordinance No. 00-4258. City Attorney Taylor asked if the current review standards were utilized on the HFH Project? Mr. Daughters stated yes. Vice Mayor Quillin asked if the HFH Project was reviewed for compliance and approved? Mr. Daughters stated yes. BOOK 50 Page 22094 11/19/01 6:00 P.M. BOOK 50 Page 22095 11/19/01 6:00 P.M. Mayor Mason opened the public hearing. There was no one signed up to speak and Mayor Mason closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 00-4258 by title only. On motion of Commissioner Palmer and second of Commissioner Martin, it was moved to pass proposed Ordinance No. 00-4258 on first reading. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Palmer, yes; Quillin, yes; Servian, yes Martin, yes; Mason, yes. Mayor Mason requested that City Auditor and Clerk Robinson explain the public hearing sign-up process. City Auditor and Clerk Robinson stated that all persons wishing to speak at the public hearings are requested to complete a Request to Speak form and will be required to take an oath; that speakers at the non quasi-judicial public hearings will have five minutes to speak; that speakers will be timed and will be advised when one minute remains; however, no one has signed up to speak at this time; that Staff is not required to take an oath to present non-quasi judicial matters. 9. NON-QUASI JUDICIAL PUBLIC HEARING RE : PROPOSED ORDINANCE NO. 00-4258, AMENDING THE CODE OF THE CITY OF SARASOTA, CHAPTER 29.5, SITE IMPROVEMENTS, ENGINEERING DESIGN CRITERIA MANUAL, SECTION 29.5-4 (C) (2), TO CLARIFY THOSE CIRCUMSTANCES WHEN NEW DEVELOPMENTS AND ADDITIONS OR ALTERATIONS TO EXISTING DEVELOPMENTS WILL BE SUBJECT TO REVIEW BY THE CITY ENGINEER FOR COMPLIANCE WITH THE REQUIREMENTS OF THE CITY CODE AND WITH THE ENGINEERING DESIGN CRITERIA MANUAL AND THOSE CIRCUMSTANCES WHEN MINOR ADDITIONS OR ALTERATIONS TO EXISTING DEVELOPED PROPERTY WILL BE EXEMPT FROM SUCH REVIEW; ETC. (TITLE ONLY) - PASSED ON FIRST READING (AGENDA ITEM IV-A-2) #1 (1002) through (1185) CD 6:31 through 6:37 Dennis Daughters, Director of Engineering/City Engineer, and Richard Winters, Project Manager, Engineering Department, came before the Commission. Mr. Daughters stated that proposed Ordinance No. 00-4258 clarifies the requirements of the Engineering Design Criteria Manual (EDCM) as to which additions or alterations to existing developed property will be subject to EDCM compliance review by the City Engineer; that the Engineering Department reviews certain new developments for compliance with the EDCM as incorporated in the Sarasota City Code (1986 as amended) (City Code); that proposed Ordinance No. 00-4258 explains the requirements for review and provides a better explanation for the review of single-family dwellings; that previously single-family dwellings were exempted from review; however, proposed Ordinance No. 00-4258 provides for the review of any structure, including all single-family dwellings, in new subdivisions and new residential units including single-family dwellings which result in a cumulative amount of eight or more dwelling units. Vice Mayor Quillin stated that proposed Ordinance No. 00-4258 will likely be formally adopted on second reading at a future Commission meeting; and asked if developments for which an application has already been filed will be subject to review? City Attorney Taylor stated that developments for which application was made prior to second reading of proposed Ordinance No. 00-4258 will not be subject to the requirements of proposed Ordinance No. 00-4258. Vice Mayor asked if the Habitat for Humanity project located to the northeast of Tuttle and Fruitville Roads will be affected by proposed Ordinance No. 00-4258. Mr. Daughters stated that the Habitat for Humanity project was already reviewed for compliance with the EDCM. City Attorney Taylor stated that the Habitat for Humanity project is beyond the review stage and therefore was reviewed according to then-existing requirements of the EDCM. Mr. Daughters agreed. Vice Mayor Quillin asked if the Habitat for Humanity project has already received the necessary reviews and approvals? Mr. Daughters stated yes. Mayor Mason opened the public hearing. BOOK 50 Page 22096 11/19/01 6:00 P.M. BOOK 50 Page 22097 11/19/01 6:00 P.M. There was no one signed up to speak and Mayor Mason closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 00-4258 by title only. On motion of Commissioner Palmer and second of Commissioner Martin, it was moved to pass proposed Ordinance No. 00-4258 on first reading. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Martin, yes; Mason, yes; Palmer, yes; Quillin, yes; Servian, yes. 10. NON-QUASI JUDICIAL PUBLIC HEARING RE: : PROPOSED RESOLUTION NO. 01R-1423, ACKNOWLEDGING THAT THE SARASOTA COUNTY, / CITY OF SARASOTA ENTERPRISE ZONE DEVELOPMENT AGENCY SHALL HAVE THE POWER TO FUNCTION WITHIN THE CORPORATE LIMITS OF THE CITY OF SARASOTA; CONCURRING IN AND ADOPTING THE SARASOTA COUNTY/CITY OF SARASOTA ENTERPRISE ZONE STRATEGIC PLAN; i ETC. (TITLE ONLY) = ADOPTED (AGENDA ITEM IV-A-1) #1 (1186) through (1627) CD 6:37 through 6:48 Mayor Mason read into the record a November 19, 2001, letter to her from Donna Clarke, District 69 State Representative, Florida House of Representatives, indicating that the City of Sarasota and Sarasota County Enterprise Zone Plan Application (Enterprise Zone Application) was supported at the State Legislature; that the Department of Downtown Redevelopment worked tirelessly in preparing the Enterprise Zone Application utilizing input from the City, the County, and area residents; that the Enterprise Zone will provide the northern section of the City with an opportunity for revitalization. Karen Hartman, Director of Downtown Redevelopment, Department of Redevelopment and Development Services, came before the Commission and' stated that Representative Clarke has offered significant support for the Enterprise Zone. Ms. Hartman referred to Attachment A, the Percent Poverty in Census Block Groups map, included in the Enterprise Zone Application in the Agenda backup material, and stated that the City was required to meet certain criteria in order to submit an Enterprise Zone Application; that a required criteria was all the census blocks in the Enterprise Zone area must exceed a 20 percent poverty level with. half of the census blocks exceeding a 30 percent poverty level; that Attachment A indicates the census blocks with poverty levels of 25, 25, 26, 31, 44, and 44 percents; that the Enterprise Zone encompasses 1.44 square miles with 25 acres located in the County and over 900 acres located in the City. Ms. Hartman continued that the Enterprise Zone Application is included in the Agenda backup material; that loss of the Housing Opportunities for People Everywhere (HOPE) -VI grant funding sought by the Sarasota Housing Authority does not impact the Enterprise Zone Application; that funding resources allocated to the City for the implementation of the Enterprise Zone over a five- to ten-year period are indicated in the Agenda backup material. Ms. Hartman referred to the Enterprise Zone Implementation Plan Human Services Baselines and Benchmarks section of the Enterprise Zone Application included in the Agenda backup material and stated that the baselines and benchmarks will be utilized as an implementation plan for the Enterprise Zone; that an Enterprise Zone Development Agency will be working to achieve the benchmarks indicated; that implementation of the Enterprise Zone will be adjusted to the anticipated fluctuation of the needs of and funding for the Enterprise Zone. Commissioner Palmer stated that the benchmarks indicated in the Agenda backup material are the goals of the Enterprise Zone Development Agency rather than absolutes which much be achieved. Ms. Hartman stated that is correct. Commissioner Martin asked if the census blocks indicated on Attachment A are the only census blocks in the Enterprise Zone area which include 20 percent or higher levels of poverty? Ms. Hartman stated that is correct. Commissioner Palmer stated that the Enterprise Zone Application and Plan are supported; that questions concerning the Enterprise Zone Application have been asked of and satisfactorily answered by Staff. Vice Mayor Quillin thanked Ms. Hartman, other participating Staff, and citizens for the significant efforts devoted to completing the Enterprise Zone Application as well as the overlapping Comprehensive Newtown Redevelopment Plan; that Ms. Hartman has been a City employee for only a few months and has BOOK 50 Page 22098 11/19/01 6:00 P.M. BOOK 50 Page 22099 11/19/01 6:00 P.M. shouldered significant responsibility; that Ms. Hartman has proven talented employees are key to in-house success. Mayor Mason opened the public hearing. There was no one signed up to speak and Mayor Mason closed the public hearing. City Auditor and Clerk Robinson read proposed Resolution No. 01R-1423 by title only. On motion of Vice Mayor Quillin and second of Commissioner Servian, it was moved to adopt proposed Resolution No. 01R-1423. Commissioner Palmer thanked Ms. Hartman and other participating Staff for the significant efforts devoted to completing the Enterprise Zone Application and asked the number of public hearings held during the completion of the Enterprise Zone Application? Ms. Hartman stated that 13 public hearings have been held, including the current public hearing, in completing the Enterprise Zone Application. Commissioner Palmer stated that Representative Clarke has been supportive of legislation concerning the Enterprise Zone; that the Commission and the Administration highly anticipate the implementation of the Enterprise Zone as well as the overlaying Comprehensive Newtown Redevelopment Plan. Commissioner Martin thanked Ms. Hartman for the significant efforts devoted to completing the Enterprise Zone Application; and asked if a presentation has been made to the Sarasota Board of County Commissioners concerning the Enterprise Zone Application? Ms. Hartman stated yes. Mayor Mason stated that many conversations have been held with Ms. Hartman concerning the Enterprise Zone which is a personal priority; that County Staff has been helpful in completing the Enterprise Zone Application; and thanked Ms. Hartman for the significant efforts devoted to completing the Enterprise Zone Application. Vice Mayor Quillin thanked City Manager Designate McNees for the assistance provided in completing the Enterprise Zone Application. Ms. Hartman thanked the Commission for assistance provided in completing the Enterprise Zone Application. City Manager Designate thanked the Commission for the support and assistance provided during the completion of the Enterprise Zone Application. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote to adopt proposed Resolution No. 01R-1423. Motion carried unanimously (5 to 0): Quillin, yesi Servian, yes; Martin, yes; Mason, yes; Palmer, yes. 11. NON-QUASI JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 02-4344, AMENDING CHAPTER 24, PERSONNEL, ARTICLE II, PENSIONS, DIVISION 3, POLICE, ; AMENDING SECTION 24-76, CREDITED SERVICE FOR MILITARY SERVICE PRIOR TO EMPLOYMENT i REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; ETC. PASSED ON FIRST READING (AGENDA ITEM IV-A-3) #1 (1628) through (1889) CD 6:49 through 6:55 Benita Saldutti, Pension Plans Administrator, Office of the City Auditor and Clerk, came before the Commission and stated that she is presenting on behalf of the Police Pension Board of Trustees; that proposed Ordinance No. 02-4344 amends Chapter 24, Personnel, Article II, Pensions, Division 3, Police, and Section 24-76, Credited Service for Military Service prior to Employment, by removing the time restriction for purchasing military service earned prior to becoming a Sarasota Police Officer; that the employee will bear 100 percent of the cost of purchasing the military service time; therefore, no cost results to the Police Pension Plan; that the Southwest Florida Chapter of the Florida Police Benevolent Association, Inc., submitted a waiver of bargaining rights on November 1, 2001. Mayor Mason opened the public hearing. The following person came before the Commission: Charles Senf, 2346 Pelican Drive (34237), stated that several presentations have been made to the Commission concerning equal status for all City employees; that a disparity exists between general and civil service employees; that he is a veteran who would have qualified to purchase military service earned prior BOOK 50 Page 22100 11/19/01 6:00 P.M. BOOK 50 Page 22101 11/19/01 6:00 P.M. to becoming a City employee; however, prior to retirement, he served as a general employee rather than a civil servant and therefore would have been unable to purchase military time; that the City should be able to provide equal treatment for all employees; that the same benefits should be granted to all employees rather than employees of certain Classes; that City employees are trusted to make decisions and carry out the work of the government providing valuable services and contributions to City residents; that all City jobs are important; that the Charter Review Committee made a recommendation to adopt a policy prohibiting discrimination on the basis of age, race, gender, religion, national origin, disability, veterans status, or sexual orientation; that all City employees should be treated equally; that the City's employment policy should be reviewed. There was no one else signed up to speak and Mayor Mason closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 02-4344 by title only. On motion of Commissioner Palmer and second of Vice Mayor Quillin, it was moved to pass proposed Ordinance No. 01-4344 on first reading. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Servian, yes; Martin, yes; Mason, yesi Palmer, yes; Quillin, yes. 12. NON-QUASI JUDICIAL PUBLIC HEARING RE : PROPOSED ORDINANCE NO. 02-4348, AMENDING THE ENGINEERING DESIGN CRITERIA MANUAL AS ADOPTED BY REFERENCE IN CHAPTER 29.5, SARASOTA CITY CODE, sO AS TO AMEND AND RESTATE THE CITY OF SARASOTA SUBDIVISION REGULATIONS; SETTING FORTH FINDINGS OF FACT : AMENDING CHAPTER 31, SARASOTA CITY CODE, TO REPEAL SECTIONS 31-2 HROUGH 31-9 INCLUSIVE, REGARDING SUBDIVISION REGULATIONS, SAID REGULATIONS HAVING BEEN AMENDED AND RESTATED IN THE ENGINEERING DESIGN CRITERIA MANUAL; i PROVIDING FOR DEFINITIONS ; REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF; ; ETC. (TITLE ONLY) PASSED ON FIRST READING (AGENDA ITEM IV-A-4) #1 (1890) through (2411) CD 6:55 through 7:07 Dennis Daughters, Director of Engineering/City Engineer, and Richard Winters, Project Manager, Engineering, came before the Commission. Mr. Daughters stated that proposed Ordinance No. 02-4348 is to remove subdivision regulations from Chapter 31, Subdivisions, Sarasota City Code (1986 as amended) (City Code), by repeal of Sections 31-2 through 31-9, City Code, and to update and include the technical requirements of the subdivision regulations in the new Part 6 of the Engineering Design Criteria Manuel (EDCM) ; that at the April 5, 2000, Planning Board/Local Planning Agency (PBLP) meeting, a public hearing concerning multiple revisions to the EDCM inclusive of subdivision regulations was held; that the PBLP voted 3 to 1 to find the proposed revisions consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), and recommended approval of the subdivision regulations to the Commission; that proposed Ordinance No. 02-4348 will provide consistency among the Zoning Code (1998), the EDCM, and the City Code; that the recommended subdivision regulations are not significantly different from the existing subdivision regulations. Commissioner Martin stated that the City still has a contract with Hall Planning and Engineering (HP&E) for work associated with the City of Sarasota Downtown Master Plan 2020 (Downtown Master Plan 2020) and asked for clarification concerning the relationship with proposed Ordinance No. 02-4348. Mr. Daughters stated that proposed Ordinance No. 02-4348 concerns subdivision regulations only; that HP&E's work will provide information concerning engineering criteria in the Downtown area which will be incorporated in the EDCM in the future; that HP&E has encountered some difficulties, resulting in a delay of several months; that HP&E's recommendations. will be presented to the Planning Board/Local Planning Agency (PBLP) tentatively in January 2002, after which a presentation will be made to the Commission. Commissioner Martin asked if Rick Hall of HP&E continues as the project manager? Mr. Daughters stated yes. Commissioner Palmer stated that the April 5, 2001, PBLP minutes included in the Agenda backup material refer to many issues not being considered currently. Vice Mayor Quillin stated that the Agenda backup material indicates proposed Ordinance No. 02-4348 will not have an impact BOOK 50 Page 22102 11/19/01 6:00 P.M. BOOK 50 Page 22103 11/19/01 6:00 P.M. on affordable housing in the City; and referred to Exhibit A, Part 6, Paragraph 5.b, EDCM, as follows: Delivery of a faithful performance guarantee in the amount of one hundred fifteen percent (1158) of the Engineer's estimate of the cost of any site development shall be issued to the City, to assure completion of all required site development. Vice Mayor Quillin stated that Paragraph 5.b has a significant impact on affordable housing. Mr. Daughters stated that the requirement for a 115 percent bond is included in the current City Code; that all technical aspects of subdivision requirements are being inserted into the EDCM for consistency purposesi that the Agenda backup material is intended to indicate no additional impact to affordable housing will result due to adoption of proposed Ordinance No. 02-4348. Vice Mayor Quillin stated that proposed Ordinance No. 02-4348 will have an effect on affordable housing; and asked if a waiver can be approved by the Commission? Mr. Daughters stated yes; that providing bonding as assurance certain infrastructure will be constructed is required for consideration of development requests; that obtaining a bond assures developments will be constructed as promised. Vice Mayor Quillin stated that the bond is required on 115 percent of the engineer's estimate rather than the developer's estimate; that the two estimates may be different. Mr. Daughters stated that the developer's engineer provides the estimate; that construction of the building or bonding equivalent to 115 percent of the cost of the building is required. Vice Mayor Quillin asked if a waiver can be requested? Sarah Schenk, Attorney, City Attorney's Office, came before the Commission and stated that the Commission has final plat approval; however, no mechanism is provided for applying for a waiver; that the Florida Statutes indicate the City must pay for infrastructure improvements intended for a building if the bond requirement is waived and the improvements are not constructed. Vice Mayor Quillin stated that proposed Ordinance No. 02-4348 will prohibit private enterprise from requesting a bond waiver for a replatting; that affordable housing is affected by proposed Ordinance No. 02-4348. Attorney Schenk stated that the water, sewer, and road costs associated with replatting may be expensive; that grant funding may be available to fund the water, sewer, and road requirements. Vice Mayor Quillin stated that proposed Ordinance No. 02-4348 will prohibit private enterprise from attempting to revitalize the northern section of the City. Commissioner Palmer stated that affordable housing is a significant issue in the City. Vice Mayor Quillin concurred and stated that the EDCM should be reviewed to avoid confusing prospective developers. City Attorney Taylor stated that the EDCM is applicable Citywide; that protecting the City from unintended infrastructure liability is the main interest of proposed Ordinance No. 02-4348; that recommendations can be provided for affordable housing at a later date in a separate document. City Manager Designate McNees stated that developers will be required to post a bond on an amount equivalent to 115 percent of the engineer's estimated cost of construction; that the City should not grant development approval to a company which is not bondable. Commissioner Servian stated that the bond requirement in proposed Ordinance No. 02-4348 is currently in the City Code and is not new. Mr. Daughters stated that is correct. Vice Mayor Quillin referred to Question I, Administration Regulation No. 039.A005.1298, Impact of Ordinances on Affordable Housing, included in the Agenda backup material, as follows: I. Does the attached ordinance or ordinance amendment have any impact on the affordability of housing? No: The ordinance is a housekeeping measure to provide consistency between the Zoning Code, the EDCM, and the City Code. BOOK 50 Page 22104 11/19/01 6:00 P.M. BOOK 50 Page 22105 11/19/01 6:00 P.M. Vice Mayor Quillin continued that proposed Ordinance No. 02-4348 impacts affordable housing. Mayor Mason opened the public hearing. There was no one signed up to speak and Mayor Mason closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 02-4348 by title only. On motion of Commissioner Palmer and second of Commissioner Servian, it was moved to pass proposed Ordinance No. 02-0348 on first reading. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Martin, yes; Mason, yes; Palmer, yesi Quillin, yesi Servian, yes. 13. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM V) #1 (2412) through #2 (0093) CD 7:07 through 7:33 The following people came before the Commission: Michael Ellegion, 7350 South Tamiami Trail (34231), representing the Citizens League for Environmental Awareness and Response (C.L.E.A.R.), stated that he and his wife are investigative reporters; that personal research has indicated the presence of chemtrails in the City; that chemtrails are the remnants of chemical spraying left in the skyi that petrochemical poisons are being sprayed over the City; that chemtrails have been investigated, studied, and documented in other cities; that the chemicals being sprayed over the. City can cause illness and death; that the Commission must be aware of any airplanes which are dispersing chemicals over the City; that the Commission should be aware of and direct an investigation be conducted concerning the chemtrails; that a report of the findings should be provided during the December 17, 2001, Regular Commission meeting; that many groups have been formed in the United States to combat spraying chemicals over cities; that all citizens concerned with health and environmental issues should become involved in the campaign against chemtrails; that unmarked C-5 Galaxy transport military aircraft flying grid patterns over the City have been personally documented; that concerned citizens should contact C.L.E.A.R. for further information. Bob Gorevan, 2050 Ringling Boulevard (34237), stated that he has been a City employee for 20 years; that rumored changes in City health plan benefits are a concern; that the City provided him with medical/dental benefits for life as a condition of his employment; that financial shortfalls in the City have resulted in the decision to increase the cost of active and retired employee health care; that the cost to employees will be significant; that retired employees and active employees close to retirement have depended on the City's provision of lifetime medical/dental benefits; that most retirees live on a very fixed budget currently; that health care costs should not be the burden of the employees; that other avenues for repairing the financial loss should be explored. City Manager Designate McNees stated that funding for health care benefits is a concerni that the City's health care fund has a severe shortfall; that meetings have been scheduled with all employees during the week of November 26 to November 30, 2001, to determine a mutually beneficial solution; that the Commission has already transferred $750,000 from the self-insurance property fund to the self-insurance health care fund; that a difficult decision must be made. Kevin Stiff, 2050 Ringling Boulevard (34237), stated that changes to the health plan are a concern; that he is the Vice President of the Southwest Florida Police Benevolent Association, Inc. (PBA), as well as a City employee; that the changes - to the health care plan which are being considered by the Administration have not been disclosed to City employees; that William Campbell, Director of Human Resources, indicated during a previous meeting the changes to and financial ramifications of the health care plan had not been determined; that cost estimates and a preliminary list of changes to the health care plan have been formulated by the Administration; that the cost estimates indicate employees will be asked to spend two to three times the amount spent currently per month for health care; that an additional $300 a month required to cover health care costs cannot be personally covered; that the City should provide employees with more than two weeks notice of such a substantial change; that the financial ramifications to the employees of such a substantial change to the health care plan will be significant; that employees have not been granted the right to discuss and provide input to the decision process prior to presentation to the Commission. City Manager Designate McNees stated that meetings have been scheduled with all City employees; that no permanent decisions BOOK 50 Page 22106 11/19/01 6:00 P.M. BOOK 50 Page 22107 11/19/01 6:00 P.M. have been made to date; that meetings have also been scheduled with union representatives; that input from employees is desired; that the desire is to determine a mutually beneficial change to the health care plan. Mayor Mason asked if meetings will be scheduled with retired employees as well? City Manager Designate McNees stated yes. Mr. Stiff stated that former City Manager Sollenberger held a meeting previously with retirees indicating a committee would be formed to cover the possible changes in the retiree contribution to the health care plan; that the employees are incurring the same personal financial difficulties as the City; that changing the health care plan with such short notice to employees is not supported. City Manager Designate McNees stated that cost estimates will be discussed during the November 26 through November 30, 2001, scheduled meetings with employees to determine the actual amounts which are being considered rather than relying on rumor and discussing the amounts during the present meeting. Mr. Stiff stated that meeting with the Administration for accurate information is preferable to the rumors being discussed; however, the Administration must truthfully provide the information to assure competent and reasonable discussion. Michael McHale, 2050 Ringling Boulevard (34237), stated that he is President of the Southwest Florida Police Benevolent Association, Inc. (PBA), and referred to Resolution No. 93R-674 as follows: Amending, by reference, a current practice for civil service and general employees of the City of Sarasota, Florida (except as is required to be negotiated by the City Manager for employees for whom collective bargaining is required) ; pertaining to discontinuation of the paid lifetime medical/dental benefits coverage upon an employee's qualified retirement from service with the City of Sarasota, Mr. McHale continued that the phrases "except as is required to be negotiated" and "lifetime" are key; that a successful conclusion has recently been reached between the lengthy Southwest Florida PBA and City negotiations; that the Sarasota Police Department (SPD) provides an excellent level of coverage and protection to the residents of the City; that SPD officers are proud to protect the City; that the Southwest Florida PBA was not informed during the lengthy negotiations of a financial problem with the health care fund; that knowledge of the health care fund financial problems and the suggested changes to the health care plan were brought to his attention this afternoon; that William Campbell, Director of Human Resources, has previously indicated direct instruction was given not to discuss the financial problems of the health care plan during the Southwest Florida PBA negotiations; that such direction should never have been given; that the Commission was probably unaware of such direction; that general counsel for the Southwest Florida PBA will review the situation and take appropriate action; that retired SPD officers spent an entire career serving and protecting the residents of the City and depend on the guaranteed lifetime medical/dental benefits; that insurance premiums are expensive; that the Southwest Florida PBA has previously worked well with the City during financial crises; that SPD officers have previously accepted pay raises which were less than the equivalent of the cost-of-living increase in an effort to assist the City; that the City is treating employees in an unfair and devious manner; that the bargaining practices of the City are unacceptable; that the Southwest Florida PBA will not accept the bargaining practices of the City if the bargaining practices include deceit. Mayor Mason stated that Mr. McHale is an undercover SPD officer and is presenting remarks to the Commission from. a room separate from the Chambers. Robert McLeod, 1913 South Orange Avenue (34239), stated that he is a member of the Retired City Firefighter's Association (RCFA) ; that the current situation concerning changes to the health care plan is distressing; that addressing the Commission is uncomfortable due to the situation; that he was employed by and served the City for 28 years; that certain benefits, including lifetime medical/dental benefits, were guaranteed to him upon retirement; that the source of personal discomfort is not entirely due to the health care situation but rather the prevalence of rumors; that he and other retired City employees were invited to a November 27, 2001, meeting to discuss proposed changes to the health care plan which will be presented to the Commission during the December 3, 2001, Regular Commission meeting; that one week is insufficient time to absorb, discuss, and determine a mutually beneficial solution to the health care situation; that over 30 electronic mail messages and telephone calls concerning the rumors regarding the health care situation BOOK 50 Page 22108 11/19/01 6:00 P.M. BOOK 50 Page 22109 11/19/01 6:00 P.M. were received; that respect for and trust in the Administration and elected officials were personally developed during employment with the City; that confidence has always been held in the Administration and elected officials; that the current rumors indicate spousal insurance coverage will be raised to as much as $900 a month; that honest and truthful information should be provided to active and retired employees concerning the proposed health care changes; however, the rumors persist as the City has not been forthright or expedient in providing actual cost estimates; that the City should allow sufficient time for active and retired employees to participate in, discuss, and provide solutions for the current health care crisis; that the benefits of retired City firefighters as well as all active and retired employees should be protected. Charles Senf, 2346 Pelican Drive (34237), stated that the cost estimates for the proposed changes to the health care plan are available; that City Manager Designate McNees held a November 16, 2001, meeting with City Department Heads to provide the cost estimates; that William Campbell, Director of Human Resources, has been aware of the financial shortfall and the cost estimates of the changes since April 2001; that the Commission was informed of the financial problems with the health care fund during the July 2001 Budget workshops; that the suggestion employees should cover the costs of the financial shortfall is not supported; that the health care fund is a self-insurance fund which has been mismanaged by the Finance Department; that the Administration has been aware of the impending financial shortfall since 1993 at the time Resolution No. 93R-674 was adopted; that the decision to adopt Resolution No. 93R-674 proved the City's commitment to employees by allowing all employees hired prior to the adoption date to retain lifetime medical/dental benefits; that the Commission should support City employees now. Mr. Senf continued that the facts and cost estimates are available but have not been properly communicated; that Mr. Campbell previously indicated a solution would be determined by September 2001; that the cost for spousal and family coverage in the Exclusive Provider Organization (EPO) health care plan will increase significantly; that co-pay and deductible increases are expected; that all active and retired employees will be affected; that many affected employees have trusted the City for guaranteed lifetime medical/dental benefits for over 30 years; that active and retired employees have depended on and budgeted for the guaranteed lifetime medical/dental benefits. Mr. Senf stated further that the Commission was previously addressed personally concerning imminent health care changes; that former Mayor Hogle promised significant changes would not be made; that someone should stand up for the rights of active and retired employees. City Manager Designate McNees stated that the cost estimates provided to City Department Heads during the November 16, 2001, meeting are hypothetical; that meetings have been scheduled with all active and retired employees to discuss options and possibilities for health care plan changes. Stan Carter, 3760 Maple Hollow Court (34243), stated that he is a retired Sarasota Police Department Captain with 27 years of service to the City; that the Administration had eight months to prepare the fiscal year budget for presentation to the Commission; that providing employees with only two weeks to allow input on the health care changes is unconscionable; that retired City employees with current employment elsewhere have not been provided with sufficient time to rearrange personal and professional schedules to attend the meetings with Administration; that changes to the health care plan will be significant; that the situation is critical; that the rumored cost impact on personal employee budgets is $2,000 to $4,000 a year which is significant; that the Commission should respect all employees enough : at least to provide sufficient notice of meetings as well as sufficient time to inspect, review, discuss, and provide suggestions concerning the health care changes; that an intelligent decision should be made. The Commission recessed from 7:33 p.m. to 7:49 p.m. 14. UNFINISHED BUSINESS: APPROVAL RE: AUTHORIZATION TO SUBMIT THE SARASOTA COUNTY/CITY OF SARASOTA JOINT ENTERPRISE ZONE PLAN APPLICATION BY DECEMBER 31, 2001 APPROVED (AGENDA ITEM VI-1) #2 (0100) through (0160) CD 7:49 through 7:51 Karen Hartman, Director of Downtown Redevelopment, Department of Redevelopment and Development Services, came before the Commission and stated that the Commission's authorization is requested to submit a joint City/County application to the Executive Office of the Governor, Office of Tourism, Trade, and BOOK 50 Page 22110 11/19/01 6:00 P.M. BOOK 50 Page 22111 11/19/01 6:00 P.M. Economic Development for The City of Sarasota and Sarasota County Enterprise Zone Plan. On motion of Commissioner Palmer and second of Vice Mayor Quillin, it was moved to authorize submission of a joint City/County application to the Executive Office of the Governor, Office of Tourism, Trade, and Economic Development, for The City of Sarasota and Sarasota County Enterprise Zone Plan by December 31, 2001. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. 15. UNFINISHED BUSINESS: APPROVAL RE: AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE THE INTERLOCAL AGREEMENT REGARDING SARASOTA COUNTY/CITY OF SARASOTA ENTERPRISE ZONE AND ENTERPRISE ZONE DEVELOPMENT AGENCY APPROVED (AGENDA ITEM VI-2) #2 2 (0160) through (0275) CD 7:51 through 7:55 Karen Hartman, Director of Downtown Redevelopment, Department of Redevelopment and Development Services, and Michael Connolly, Attorney, City Attorney's Office, came before the Commission. Ms. Hartman stated that the proposed Interlocal Agreement is required to define the responsibilities and powers of the City and County concerning the City of Sarasota and Sarasota County Enterprise Zone Plan Enterprise Zone Plan) and establishes the following regulatory authorities for the Enterprise Zone Plan: The City shall be solely responsible for funding and implementation of the Enterprise Zone Plan and the Enterprise Zone work program. - The City shall provide staffing for the Enterprise Zone Development Agency (EZDA). The EZDA powers and responsibilities are specifically defined. The reporting requirements, fiscal responsibilities, legal responsibilities, or other obligations regarding the Enterprise Zone are defined. Ms. Hartman continued that the powers and responsibillties of the EZDA could be similar to the Community Redevelopment Agency (CRA); however, Staff and the County Attorney's Office agreed the EZDA's powers should be limited; that the EZDA will serve as an advisory board only; that any financial obligations or changes to the Enterprise Zone Plan will require the approval of the Commission and the Sarasota Board of County Commissioners (BCC). Vice Mayor Quillin asked if the proposed Interlocal Agreement was approved by the BCC? Ms. Hartman stated yes; that the Chairman of the BCC signed the Interlocal Agreement, which is currently on file with the Office of the City Auditor and Clerk and awaiting execution by the City after approval by the Commission. On motion of Vice Mayor Quillin and second of Commissioner Martin, it was moved to approve the Interlocal Agreement regarding the City of Sarasota and Sarasota County Enterprise Zone Plan and Enterprise Zone Development Agency. Commissioner Palmer stated that a concern is the powers of the County to financially obligate the City for projects in the Enterprise Zone; that the City and County will be responsible for establishing and implementing a joint work plan in the Enterprise Zone; however, according to the proposed Interlocal Agreement, only the City is providing funding for any projects and the work program within the Enterprise Zone; that the County may have powers to obligate the City without providing any financial contributions. City Manager Designate McNees stated that the County will serve only as a volunteer participant in the Enterprise Zone and will not have the authority or power to financially obligate the City for any project or other commitment. Mayor Mason called for a vote on the motion to approve the Interlocal Agreement regarding the Sarasota County/City of Sarasota Enterprise Zone and Enterprise Zone Development Agency. Motion carried unanimously (5 to 0): Martin, yesi Palmer, yes; Quillin, yesi Servian, yes; Mason, yes. 16. APPROVAL RE: AUTHORIZE THE MAYOR AND THE CITY AUDITOR AND CLERK TO EXECUTE THE GRANT AGREEMENT BETWEEN THE CITY OF SARASOTA AND COURT WATCH, FROM THE CITY'S NEIGHBORHOOD GRANT PROGRAM - APPROVED (AGENDA ITEM VI-3) #2 (0275) through (0315) CD 7:55 through 7:56 BOOK 50 Page 22112 11/19/01 6:00 P.M. BOOK 50 Page 22113 11/19/01 6:00 P.M. City Manager Designate McNees stated that Commission previously approved a grant to Sarasota Court Watch in the amount of $3,815 from the Neighborhood Grant Program funds; that the funding award was contingent upon the development of the proposed grant agreement with Sarasota Court Watch; that the Administration recommends approving the proposed grant agreement to allow the disbursement of $3,815 to Sarasota Court Watch from the Neighborhood Grant Program. On motion of Vice Mayor Quillin and second of Commissioner Palmer, it was moved to approve the grant agreement to allow the disbursement of $3,815 to Sarasota Court Watch from the Neighborhood Grant Program. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yesi Quillin, yes; Servian, yes; Mason, yes. 17. NEW BUSINESS: APPROVAL RE: AUTHORIZE THE CITY AUDITOR AND CLERK TO NOTIFY THE ATTORNEY FOR THE ESTATE OF HARRY J. ALLEN OF THE CITY OF SARASOTA'S ACCEPTANCE OF THE BEQUEST OF $250,000 FOR A PLAYGROUND AREA APPROVED (AGENDA ITEM VII-1) #2 (0315) through (0520) CD 7:56 through 8:02 City Manager Designate McNees stated that the City has been named in the will of Harry J. Allen as the beneficiary of a gift of $250,000 for the use of constructing a children's playground adjacent to the teigerwalt-Jockey Fountain, also called the children's fountain, in Bayfront Park; that the conditions of the bequest are as follows: The City accepts the bequest within six months. The playground will be constructed adjacent to the children's fountain. The playground is named The Allen Play Area. City Manager Designate McNees continued that an appropriate formal ceremony will be held to thank the Allen family; that the current item is to approve notifying the estate of Mr. Allen of acceptance of the gift and the proposed conditions. On motion of Commissioner Palmer and second of Commissioner Martin, it was moved to accept the bequest of $250,000 for the playground area and to refer the matter to the Parks, Recreation, and Environmental Protection Advisory Board (PREPAB) to prepare a preliminary design for the playground for submission to the Commission by February 15, 2002. Commissioner Martin stated that the gift to the City is very generous; that a playground will significantly enhance the quality of children's activities at Bayfront Park and in the Cityi however, a concern is the current design of Bayfront Park, the general aesthetics of which should not be changed if possible; that many people from different age groups visit and utilize Bayfront Park; that the existing sightlines from Bayfront Park and from the Bayfront must be maintained; that Bayfront Park must be preserved for the enjoyment of all citizens and visitors; that the children's fountain was installed in an unobtrusive manner at Bayfront Park and did not alter the existing sightlines; that the aesthetics of Bayfront Park should be preserved for all visitors and citizens. Vice Mayor Quillin concurred and stated that the gift to the City is very generous and is appreciated; however, a concern is the location of a playground at Bayfront Park; that another concern is the safety of the children using the proposed playground; that the City was required to install fencing around the perimeter of the children's fountain to ensure the safety of children playing at Bayfront Park; that many different people utilize and visit Bayfront Park; that a site-specific requirement should not be a condition to acceptance of a gift to the City; that large populations of children are concentrated in other areas of the City lacking a suitable playground; that the City is also currently developing a Parks Master Plan; that the proposed playground and any required changes to Bayfront Park should be incorporated into the Parks Master Plan; that the proposed playground may impact the City's current plans for Bayfront Park or the Bayfront; that many people from different age groups patronize Bayfront Park. Commissioner Palmer concurred but stated that the PREPAB will be responsible for preparing a preliminary design for the proposed playground; that the PREPAB has significant knowledge of the Parks Master Plan; that the PREPAB has the ability to prepare an appropriate preliminary design which addresses the concerns of the Commission and the public. Mayor Mason concurred and stated that the PREPAB can alleviate any public concerns regarding the construction of a playground at Bayfront Park; that the gift is very generous; that the proposed playground must be carefully designed to ensure BOOK 50 Page 22114 11/19/01 6:00 P.M. BOOK 50 Page 22115 11/19/01 6:00 P.M. compatibility with the children's fountain and the existing aesthetics of Bayfront Park. Commissioner Servian stated that the gift is very generous; that the opportunity to receive funds and not spend City funds is appreciated; that the PREPAB has the ability to prepare an appropriate preliminary design which is compatible with the children's fountain and Bayfront Park. Mayor Mason called for a vote on the motion to accept the bequest of $250,000 for the playground area and to refer the matter to the Parks, Recreation, and Environmental Protection Advisory Board (PREPAB) to prepare a preliminary design for the playground for submission to the Commission by February 15, 2002. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. 18. NEW - BUSINESS: REQUEST RE: : APPEAL OF THE DECISION OF THE PLANNING BOARD /LOCAL PLANNING AGENCY TO APPROVE SITE PLAN APPLICATION NO. 01-SP-34, TO ALLOW AN 11-STORY CONDOMINIUM BUILDING CONSISTING OF 24 RESIDENTIAL DWELLING UNITS, - APPROXIMATELY 142,272 SQUARE FEET AND IN-S STRUCTURE PARKING IN THE MULTI- - FAMILY RESIDENTIAL-5 (RMF-5) ZONE DISTRICT LOCATED AT 401 AND 427 SOUTH PALM AVENUE ACCEPTED JURISDICTION OVER THE APPEAL FILED IN SITE PLAN APPLICATION NO. 01-SP-34 WITH DIRECTION THAT THE CITY AUDITOR AND CLERK NOT SET THE APPEAL FOR HEARING BEFORE THE COMMISSION UNTIL REQUESTED TO DO sO IN WRITING BY THE CITY ATTORNEY'S OFFICE (AGENDA ITEM VII-2) #2 (0520) through (1375) CD 8:02 through 8:26 Robert Fournier, Attorney, City Attorney's Office, came before the Commission and stated that the Zoning Code (1998) delegates the authority to approve Site Plan Applications to the Planning Board/Local Planning Agency (PBLP) if the property is appropriately zoned for a proposed development; that Section IV-505, City Commission Review, Zoning Code (1998), also delegates the authority to the Commission to hear an appeal of the PBLP's decision provided the appeal is filed by the aggrieved party within 10 days after the PBLP public hearing; that a Commission supermajority vote is required to hear the appeal of the PBLP's decision for a public hearing; that the recommendation of the City's Attorney's Office is only for the Commission to accept jurisdiction over the appeal but not to grant a hearing to consider the appeal; that accepting jurisdiction over the appeal is different than granting a hearing to consider the PBLP's action regarding Site Plan Application No. 01-SP-34; that on November 9 and 16, 2001, letters were submitted to the City from William Fuller, III, Attorney, representing Martha Nikla, 423 Burns Court, requesting the Commission hear the appeal and are included in the Agenda backup material; that a November 19, 2001, letter to the Commission from Michael Furen, Attorney, law firm of Icard, Merrill, Cullis, Timm, Furen, and Ginsburg, representing the applicants for the proposed condominium at 401 and 427 Palm Avenue, is appropriate for consideration in determining to accept jurisdiction over the appeal and is also included in the Agenda backup material; however, the November 19, 2001, letter from the Historic Preservation Board was received concerning the appeal but should not be considered as the letter was composed by neither the aggrieved party nor the applicant; that a question concerning the status of Attorney Euller as the authorized legal representative of Ms. Nikla was raised at the November 7, 2001, PBLP public hearing to approve Site Plan Application No. 01-SP-34; that the City Attorney's Office was appropriately notified Attorney Fuller serves as the authorized legal representative for Ms. Nikla. Attorney Fournier continued that three appropriate legal bases exist to consider accepting jurisdiction over the appeal; that the first legal basis concerns a determination if the PBLP's decision was supported. by competent, substantial evidence; that the record of the November 7, 2001, PBLP public hearing demonstrates competent, substantial evidence supported the PBLP's approval of Site Plan Application No. 01-SP-34; therefore, accepting jurisdiction over the appeal should not be granted on the first legal basis; that the second legal basis concerns if the PBLP applied the appropriate criteria or the correct interpretation of existing laws to reach a decision; that the criteria indicated in Section IV-506, Standards for Review, Zoning Code (1998), were appropriately applied; that the PBLP applied the correct interpretation of the existing laws; therefore, accepting jurisdiction over the appeal should not be granted on the second legal basis; that the third legal basis concerns if the participants at the November 7, 2001, PBLP public hearing were provided proper due process of law. Attorney Fournier further stated that providing participants due process of law consists of two separate actions; that the first action concerns the procedural conduct of the November 7, 2001, PBLP public hearing; that nume: rous objections concerning the BOOK 50 Page 22116 11/19/01 6:00 P.M. BOOK 50 Page 22117 11/19/01 6:00 P.M. procedural conduct of the November 7, 2001, PBLP public hearing were voiced by participants; however, the November 7, 2001, PBLP public hearing was appropriately conducted; that the second action to provide participants due process of law concerns providing participants proper notice of a public hearing or completed development application; that the November 16, 2001, letter from Attorney Fuller to the Commission indicated a neighborhood workshop to discuss Site Plan Application No. 00-SP-34 should have been but was not held; however, Section IV-201 (b), Neighborhood Workshops, Zoning Code (1998), does not require the City to hold a neighborhood workshop for PBLP approval of Site Plan Applications for proposed developments already possessing the appropriate zoning designation; that the Zoning Code (1998) only requires neighborhood workshops for amendments to the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), Rezone Applications, and Major and Minor Conditional Use Applications but not for approval of Site Plan Applications; that a second concern indicated in the November 16, 2001; letter was the failure of the PBLP to append conditions to approval of Site Plan Application No. 01-SP-34; that the PBLP does possess the authority to append certain conditions to approval of a Site Plan Application; however, the PBLP's failure to append certain conditions to approval of Site Plan Application No. 01-SP-34 is not an appropriate basis upon which to accept jurisdiction over the appeal. Attorney Fournier stated further that appropriate justification for accepting jurisdiction over the appeal concerns the notifications provided to persons affected by the proposed development to ensure due procedure of the law was granted; that three notifications were mailed; that Sections IV-201, Applications and Administrative Review, and IV-202 (d), Notice of Public Hearing, Zoning Code (1998), concern the criteria for providing notice of public hearings regarding development applications; that Section IV-201(e), Determination of Completeness of Review, Zoning Code (1998), concerns the criteria for providing notice a particular development application is complete; that the first two notifications were to provide notice of the November 7, 2001, PBLP public hearing and- notification a development application is complete to persons attected by the proposed development and were properly provided by the Office of the City Auditor and Clerk. Attorney Fournier stated that approval of Site Plan Application No. 01-SP-34 was based upon a July 24, 2001, opinion of the Director of Building, Zoning, and Code Enforcement concerning an administrative interpretation of the application of the additional setback requirements for residential structures in Multi-Family, Residential Zone Districts for the proposed condominium which is included in the Agenda backup material; that Section III-903 (e), Jurisdiction, Authority, and Duties, Zoning Code (1998), requires the Director of Building, Zoning, and Code Enforcement to provide notice of such an opinion to owners of properties located within 500 feet of a proposed development or to persons registered with the Office of the City Auditor and Clerk to receive such notice; that an appeal of an administrative interpretation of the Zoning Code (1998) must be filed to the. Board of Adjustment (BOA) either after the date the written notice was mailed to the appropriate persons or the date a development application is filed which incorporates the administrative interpretation; that the opinion of the Director of Building, Zoning, and Code Enforcement was made on July 24, 2001; that the development application was filed with the City on August 24, 2001; that a written notice of the development application was mailed by the Office of the City Auditor and Clerk on August 27, 2001, to persons affected by the proposed development or desiring such notice. Attorney Fournier continued that the City cannot conclusively establish notice of the July 24, 2001, opinion of the Director of Building, Zoning, and Code Enforcement was provided to all owners of property within 500 feet of the proposed development or to all persons registered with - the Office of the City Auditor and Clerk as of July 2001 to receive such notices; therefore, a window of time for allowing the appeal cannot be specifically determined as the City cannot establish all notices were properly mailed; that the Commission should accept jurisdiction over the appeal but should not set the appeal for a hearing to allow the Director of Building, Zoning, and Code Enforcement to mail the proper notification of the July 24, 2001, opinion to all affected property owners and to persons registered with the Office of the City Auditor and Clerk to receive notice; that an appeal could be properly filed with the BOA after the notice of the opinion is mailed; that the result of the BOA's adjudication of the appeal of the July 24, 2001, opinion will then be reported to the Commission. Attorney Fournier further stated that the City Attorney's Office recommends a motion to accept jurisdiction over the appeal concerning the PBLP's decision regarding Site Plan Application No. 01-SP-34 as the City is unable to establish written notice of opinion dated July 24, 2001, was given to property owners and BOOK 50 Page 22118 11/19/01 6:00 P.M. BOOK 50 Page 22119 11/19/01 6:00 P.M. persons registered to receive notice as required by Section III-903(e), Zoning Code (1998), with direction that the City Auditor and Clerk not set the appeal for hearing before the Commission until requested to do sO by the City Attorney's Office. Vice Mayor Quillin asked if accepting jurisdiction of the appeal will enable the Director of Building, Zoning, and Code Enforcement to mail proper notification of the July 24, 2001, opinion to all owners of property within 500 feet of the proposed development and to persons registered with the Office of the City Auditor and Clerk. Attorney Fournier stated yes. Vice Mayor Quillin asked the time persons will be allowed to file an appeal after the notification is mailed? Attorney Fournier stated that any aggrieved party will be allowed 60 days from the date the opinion is mailed to file an appeal. Vice Mayor Quillin asked if the appeal of the July 24, 2001, opinion is filed with the BOA? Attorney Fournier stated yes; that further action will not be required of the Commission until the BOA provides a decision concerning any appeal; that the November 16, 2001, letter from Attorney Fuller indicates an appeal to the BOA is desired and will be filed if allowed. Vice Mayor Quillin stated that the Commission should not hear the appeal until the BOA considers the appeal; that special external legal counsel should be hired for the BOA to consider the appeal to prevent any conflict of interests. Commissioner Palmer asked the time required for the BOA to reach a decision? Attorney Fournier stated that many potential actions could result; that the first potential action is if an appeal is not filed; that the second potential action is the filing of an appeal and a decision of the BOA which is acceptable to the applicant and the aggrieved partyi that the third potential action is an appeal of the BOA's decision by either the aggrieved party or the applicant; that the BOA's decision could be appealed to the Circuit Court; that the Commission must wait until either the allowed period to file an appeal lapses or a final decision is obtained from the BOA or the Circuit Court; that the City Attorney's Office will report the result of any appeal as soon as possible. Commissioner Palmer stated that the recommendation is the Commission should not decide to accept jurisdiction over the appeal based upon the competent, substantial evidence considered at the November 7, 2001, PBLP public hearing and the PBLP's application of the appropriate criteria or laws. Attorney Fournier stated that is correct. Commissioner Palmer stated that the recommendation is also the Commission should accept jurisdiction over the appeal due to the lack of notice of the July 24, 2001, opinion of the Director of Building, Zoning, and Code Enforcement concerning the setback requirements for residential structures in Multi-Family, Residential Zone Districts and the appeal of the opinion would be heard by the BOA. Attorney Fournier stated that is correct. Commissioner Palmer asked the Commission's responsibilities after a final decision concerning an appeal is obtained? Attorney Fournier stated that further Commission action would not be required; that accepting jurisdiction over the appeal allows the Director of Building, Zoning, and Code Enforcement to provide the proper due process of law to persons affected by the July 24, 2001, opinion; that the BOA or the Circuit Court will be responsible for providing a decision concerning the substantive issues voiced in the appeal; that the Commission's action will allow filing an appeal of the July 24, 2001, opinion with the BOA. Commissioner Palmer asked if only a report of the final outcome of the appeal will be provided to the Commission? Attorney Fournier stated yes; that the report will indicate the decision of the BOA or the Circuit Court. City Attorney Taylor asked if the Commission will be requested to make a finding concerning the decision of the BOA or the Circuit and the provision of proper procedural due process of law to all affected persons? Attorney Fournier stated yes. Commissioner Palmer stated that the concern is to ensure the public clearly understands the actions and responsibilities of the Commission concerning any appeal. Attorney Fournier stated that the finding would consist of the Commission's statement which either affirms the decision of the PBLP or the BOA. BOOK 50 Page 22120 11/19/01 6:00 P.M. BOOK 50 Page 22121 11/19/01 6:00 P.M. Commissioner Palmer stated that special external legal counsel should be hired to pursue the matter further; that the Sarasota County Attorney's Office recently experienced a conflict of interest with a decision of the County Board of Adjustments and Appeals; that a conflict of interests should be avoided if possible. City Attorney Taylor stated that the City Attorney's Office has previously hired special external legal counsel to avoid any conflict of interests or improprieties if the BOA requires certain legal advice which contradict a previous position of the City; that special external legal counsel will be hired if necessary. Commissioner Palmer stated that the City should be sure a conflict of interests is avoided. Vice Mayor Quillin concurred. On motion of Commissioner Palmer and second of Vice Mayor Quillin, it was moved to accept jurisdiction over the appeal filed in Site Plan Application No. 01-SP-34 based upon the report from the City Attorney's Office that the City is unable to establish that written notice of code interpretation dated July 24, 2001, was given to property owners and persons registered to receive notice with the Office of the City Auditor and Clerk as required by Section III-903(e), Zoning Code (1998), with direction that the City Auditor and Clerk not set the appeal for hearing before the Commission until requested to do sO in writing by the City Attorney's Office. Vice Mayor Quillin stated that the motion indicates a written notice of the interpretation of the Zoning Code (1998) will be provided to persons registered with the Office of the City Auditor and Clerk; that the Office of the City Auditor and Clerk is not responsible for mailing the required notices. Commissioner Palmer stated that the Office of the City Auditor and Clerk maintains a list of persons desiring to receive such notices. Attorney Fournier stated that the motion only indicates the proper notice should be provided to persons registered with the Officer of the City Auditor and Clerk to receive such notices; that the Office of the City Auditor and Clerk will not be responsible for the mailing the written notices of the July 24, 2001, opinion. Commissioner Palmer stated that the intent of the motion is only to indicate the affected persons to whom the written notice should be mailed. Attorney Fournier stated that written notice will be mailed to the appropriate persons by the Department of Building, Zoning, and Code Enforcement; that persons desiring to receive certain notices are allowed to register with the Office of the City Auditor and Clerk to receive such notices. Commissioner Palmer asked the action which will prompt the City Attorney's Office to notify the Office of the City Auditor and Clerk and provide a report to the Commission? City Attorney Taylor stated that the City Attorney's Office will notify the Office of the City Auditor and Clerk and will commence the preparation of a report to the Commission after a decision is made by the BOA regarding the appeal. Commissioner Servian stated that the City should be held accountable to a higher standard than the private sector; that all persons affected by a proposed development must be properly notified and should have an opportunity to file an appeal with the appropriate authority if desired. Commissioner Martin concurred and stated that the City should have mailed a written notice of the July 24, 2001, opinion to all persons affected by the administrative interpretation and the proposed development; that the delay is unfortunate; that the motion is supported. Mayor Mason called for a vote on the motion to accept jurisdiction over the appeal filed in Site Plan Application No. 01-SP-34 based upon the report from the City Attorney's Office that the City is unable to establish that written notice of code interpretation of the Zoning Code (1998) dated July 24, 2001, was given to property owners and persons registered to receive notice in the Office of the City Auditor and Clerk as required by Section III-903 (e), Zoning Code (1998), with direction that the City Auditor and Clerk not set the appeal for hearing before the Commission until requested to do sO in writing by the City Attorney's Office. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. BOOK 50 Page 22122 11/19/01 6:00 P.M. BOOK 50 Page 22123 11/19/01 6:00 P.M. 19. NEW BUSINESS: APPROVAL RE: : AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE THE THIRD AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF SARASOTA AND THE FLORIDA WEST COAST SYMPHONY, INC., / EXTENDING THE DEADLINE FOR COMMENCEMENT OF CONSTRUCTION OF THE PHASE I EDUCATION WING TO APRIL 16, 2003, AND THE PHASE II CONCERT HALL TO NOVEMBER 19, 2006, - DELAYED TO DECEMBER 3, 2001, REGULAR COMMISSION MEETING (AGENDA ITEM VII-3) AND NEW BUSINESS: ADOPTION RE : PROPOSED RESOLUTION NO. 02R-1440, TO EXTEND THE APPROVAL OF THE CITY COMMISSION OF G ZONE WAIVER APPLICATION 00-GZW-01 FOR A PERIOD OF ONE (1) YEAR FROM THE FUTURE EXPIRATION OF SAID APPROVAL; G ZONE WAIVER APPLICATION 00-GZW-01 WAS APPROVED BY THE ADOPTION OF RESOLUTION NO. 01R-1346 TO WAIVE A PORTION OF THE REQUIRED ON-SITE PARKING SPACES FOR A PROJECT PROPOSED TO BE CONSTRUCTED UPON CITY OWNED PROPERTY WITHIN THE CIVIC CENTER COMPLEX LEASED TO THE FLORIDA WEST COAST SYMPHONY ; SAID PROJECT BEING GENERALLY DESCRIBED AS THE CONSTRUCTION OF PHASE I IMPROVEMENTS (EDUCATION WING) A/K/A "THE WELLER CENTER FOR MUSIC EDUCATION" AND THE CONSTRUCTION OF THE PROPOSED PHASE II (CONCERT HALL) / AS MORE SPECIFICALLY DESCRIBED IN SITE PLAN APPLICATION 00-SP-13; SETTING FORTH TERMS AND CONDITIONS FOR THIS G ZONE WAIVER EXTENSION; ETC. (TITLE ONLY) (APPLICATION NO. 00-GZW-01, APPLICANT THE FLORIDA WEST COAST SYMPHONY, INC., AS TENANT OF PROPERTY OWNED BY THE CITY OF SARASOTA, AS APPLICANT) = DELAYED TO DECEMBER 3, 2001, REGULAR COMMISSION MEETING (AGENDA ITEM VII-4) # 2 (1375) through (2980) CD 8:26 through 9:03 Karin Murphy, Senior Planner II, Planning Department, and Sarah Schenk, Attorney, City Attorney's Office, came before the Commission. Ms. Murphy stated that the City must fulfill the roles of both landlord and regulator; that the City leases the subject property to the Florida West Coast Symphony (FWCS); that a third amendment is requested to the FWCS Lease Agreement. Attorney Schenk stated that the EWCS project consists of two construction phases; that Phase I is to construct the FWCS Education Wing (Phase I); that Phase II is to construct the FWCS Concert Hall (Phase II); that the Zoning Code (1998) allows an initial two-year period prior to the expiration of approved Site Plan and Conditional Use Applications; that EWCS received approval of Site Plan No. 00-SP-13 and Major Conditional Use No. 00-CU-03, which allow the construction of Phases I and II; however, the approvals of which expire on April 16, 2003; that FWCS also obtained approval of Governmental Use (G) Zone District Waiver No. 00-GZW-01 to allow parking at the Civic Center as indicated in Shared Parking Agreement No. 00-SPA-01 but which expires on April 16, 2002; that the Zoning Code (1998) only allows an extension of Site Plans, Conditional Uses and G Zone District Waivers for a period of one year; that FWCS can only request an extension of G Zone District Waiver No. 00-GZW-01 to April 16, 2003; that proposed Resolution No. 02-1440 is to allow the requested extension; that FWCS is requesting an extension of the deadline to commence construction of Phase I on or before April 16, 2003, to coincide with the expiration of approval of Site Plan No. 00-SP-13 and Major Conditional Use No. 00-CU-03 and the extended G Zone District Waiver No. 00-GZW-01; that the FWCS Lease Agreement was originally executed on May 28, 1997, and provided a deadline to commence construction of Phases I and II by May 28, 2002; that FWCS has not previously requested an extension of G Zone District Waiver No. 00-GZW-01; that the Administration recommends extending the deadline for commencing construction of Phase II to November 16, 2006; that FWCS is requesting an extension of the deadline to commence construction of Phase II beyond November 16, 2006. Charles Bailey, Attorney, law firm of Williams, Parker, Harrison, Dietz & Getzen, representing FWCS, Joe McKenna, Executive Director, FWCS, and Jack Jost, President, FWCS, came before the Commission. Attorney Bailey referred to the October 22, 2001, letter to the Mayor and the November 7, 2001, letter to the Administration concerning the request to extent the commencement date for building expansion included in the Agenda backup material and stated that the Administration recommends the Commission approve the one-year extension of G Zone District Waiver No. 00-GZW-01 to correspond to the expiration of Site Plan No. 00-SP-13 and Major Conditional Use No. 00-CU-03; that the Administration is also recommending a deadline of November 16, 2006, to commence construction of Phase II; that FWCS was originally allowed 60 months to commence construction of Phases I and II; however, a specific date was not previously indicated in the FWCS Lease Agreement; that the Administration is recommending a deadline of April 16, 2003, to commence construction of Phase I, and a BOOK 50 Page 22124 11/19/01 6:00 P.M. BOOK 50 Page 22125 11/19/01 6:00 P.M. deadline of November 19, 2006, to commence construction of Phase II; that a further extension of the deadline for Phase II is requested; that FWCS recently experienced a number of events which may interfere with achieving the previous deadlines; that a new FWCS executive director was hired; that the September 11, 2001, terrorist attacks on the United States resulted in increased funding for organizations assisting the relief efforts but a significant decrease in funding for other non-profit organizations such as FWCS. Mr. McKenna stated that he was hired as the FWCS Executive Director during March 2001; that the FWCS operating budget increased 40 percent during the previous four years; that the increase in the FWCS operating budget resulted in a significant increase in operational capabilities; that the proposed designs of the Education Wing and Concert Hall were also increased; that a delay of the proposed construction was requested during May 2001 to allow an institutional analysis to examine the operational needs of FWCS relating to the construction of the proposed Phase I Education Wing and Phase II Concert Hall; that the concern is constructing ppropriately-sized facilities which are financially sustainable; that the institutional analysis was recently presented to the FWCS Board of Directors; that additional time is required to hire a consultant to verify the findings reported in the institutional analysis concerning the financial sustainability and future performance of FWCS; that the original FWCS Lease Agreement had a 60-month deadline for commencing construction of Phases I and II; that the hiring of a new executive director and the additional time required to obtain development approval from the City necessitated the request to extend the deadline beyond the original 60 months; that only a one-year extension is requested for commencement of construction of Phase I; that the requested deadline for Phase I is April 16, 2003. Mr. McKenna continued that a second request is to extend the deadline for commencement of Phase II beyond 2006; that the fundraising ability of non-profit organizations can vary significantly from one year to the next; that requiring simultaneous commencement of Phases I and II may be a too burdensome for FWCS; that a consultant to verify the results of the institutional analysis must still be hired; that insufficient time will be allowed to propose any possible revisions to: Site Plan No. 00-SP-13 if recommended and to commence construction of Phases I and II simultaneously; that at least one year will be required to commence construction of Phase I; that an additional three years should be allowed to raise sufficient funds to commence construction of Phase II; that FWCS has experienced a significant decrease in funds since the September 11, 2001, terrorist attacks on the United States. Attorney Bailey stated that the request is to revise Paragraph 8 of the FWCS Lease Agreement to read as follows: 8. Commencement of Construction: TENANT [FWCS] shall obtain required development permits, including building permits, and shall commence construction of the proposed Phase I Education Wing as depicted on Site Plan No. 00-SP-13 (date stamped as received by the Planning Department on January 23, 2001) on or before April 16, 2003. TENANT shall obtain required development permits, including building permits, and shall commence construction of the proposed Phase II Concert Hall as depicted on Site Plan No. 00-SP-13 (date stamped as received by the Planning Department on January 23, 2001) on or before November 19, 2008. Attorney Bailey continued that FWCS will surrender all rights to construct Phases I and II and the additional land added to the leasehold for Phases I and II if construction of Phase I does not commence by April 16, 2003; that FWCS will surrender the right to construct Phase II and the additional land for Phase II if Phase II does not commence as scheduled but Phase I is completed; that FWCS would still retain the rights to the additional land added to the leasehold for Phase I; that the efforts of the City Attorney's Office to draft the proposed language are appreciated; that additional revisions to the FWCS Lease Agreement may be required; that the Administration also indicated the November 19, 2006, date was proposed to coincide with the completion of a Master Plan for the Civic Center; that the intent is to coordinate the construction of Phase II with the goals of a Master Plan for the Civic Center; that the request is to extend the deadline for commencement of the construction of Phase II to November 19, 2008. Mr. McKenna stated that the intent is to allow a full five-year period from the deadline for the commencement of the construction of Phase I for fund raising, planning, and construction of Phase II; that the proposed November 19, 2008, deadline will allow FWCS sufficient time to commence construction of Phase II. Mr. Jost stated that the FWCS Lease Agreement does not currently require FWCS to commence construction of Phase II on any particular date but only stipulates construction of the proposed improvements must commence within 60 months from the execution of the original Lease Agreement; that FWCS is offering a deadline for BOOK 50 Page 22126 11/19/01 6:00 P.M. BOOK 50 Page 22127 11/19/01 6:00 P.M. commencing construction of Phase II as a condition to obtaining approval of the requested one-year extension for commencing construction of Phase I; that the request also includes a deadline of November 19, 2008, for commencing construction of Phase II. Attorney Bailey stated that EWCS always indicated five years would be required between the commencement of construction for Phases I and II; however, many delays occurred during the attempt to obtain the City approval of the FWCS development applications; that a five-year period is requested between the deadlines to commence construction of Phases I and II; that a three-year period is insufficient to raise the required funds and to finalize a design for Phase II. City Manager Designate McNees stated that the City originally granted the property to FWCS in 1995; that 11 years should be a sufficient period of time to construct Phases I and II. Attorney Bailey stated that 11 years is an insignificant period of time as the FWCS Lease Agreement is effective for 100 years. Vice Mayor Quillin asked the date funds will be available to commence preparation of a Master Plan for the Civic Center? City Manager Designate McNees stated that funds are allocated to commence preparation of a Master Plan for the Civic Center during fiscal year (FY) 2003/04. Vice Mayor Quillin stated that the exact design for Phase II should be incorporated into a Master Plan for the Civic Center; that a completely new design or location for Phase II may be desired after a Master Plan for the Civic Center is completed; that the intent is to complete a Master Plan for the Civic Center 12 months after commencement; that FWCS should participate in the preparation of a Master Plan for the Civic Center; and asked the required process to change the design of Phase II to correspond to a Master Plan for the Civic Center if desired by FWCS and the City? Ms. Murphy stated that a significant partnership during preparation of a Master Plan for the Civic Center will be required between Staff and FWCS to ensure consistency with a final design for Phase II; that a three-year period is sufficient to obtain all approvals for a new design for Phase II after a Master Plan for the Civic Center is completed; that a final design for Phase II should be coordinated with the preparation and approval of a Master Plan for the Civic Center. Vice Mayor Quillin stated that coordinating the preparation of the final design for Phase II and a Master Plan for the Civic Center was discussed with representatives of FWCS, who indicated support of the concept; that a significant concern is the financial sustainability of the Van Wezel Performing Arts Hall (VWPAH) ; that significant time is currently allotted to local performing arts groups to utilize the VWPAH at reduced rates; that extending the deadline for construction of the Phase II Concert Hall to November 19, 2008, will result in two additional years of lost revenues for the VWPAH; that additional performance dates for local performing arts groups will not be allowed at the VWPAH. Mr. Jost stated that the desire is to construct the Phase II Concert Hall as soon as possible; however, significant time for fundraising will be required; that the Phase II Concert Hall should be a major facility which is properly constructed; that initial estimates to construct the Phase II Concert Hall vary between $25 and $30 million. Vice Mayor Quillin stated that the view corridor easement and significant height limitations will be proposed in any Master Plan for the Civic Center and will significantly affect the construction of Phases I and II; that a deadline to commence construction will be supported if FWCS prepares a final design for Phase II which corresponds to a Màster Plan for the Civic Center. Commissioner Servian asked if the institutional analyses conducted by FWCS were examined by Staff or the Administration? Mr. McKenna stated no; that the institutional analyses concern only the current management, operation, and programming of EWCS and not construction of Phases I and II. Mr. Jost stated that FWCS cooperated extensively with Staff to prepare the current designs for Phases I and II; that regular communications with Staff occurred during the development permitting process. Mayor Mason stated that the request to extend the deadline to commence construction of Phases I and II will be supported; however, the request is also considered personally disappointing; that leasing additional property at the Civic Center to FWCS and approving the construction of Phases I and II were previously very controversial issues which divided the community. BOOK 50 Page 22128 11/19/01 6:00 P.M. BOOK 50 Page 22129 11/19/01 6:00 P.M. Commissioner Palmer stated that the proposed 2008 deadline will be the last extension allowed to FWCS if approved; that FWCS is encouraged to raise the required funds and to commence construction of Phases I and II as soon as possible; that the financial sustainability of the VWPAH is a significant concern; that many performance dates are allotted to local performing arts groups, including FWCS, at reduced rates; that offering performance dates at reduced rates significantly reduces the financial sustainability of the VWPAH; that the Phase II Concert Hall should be constructed as soon as possible to allow the VWPAH additional performance dates at the full rate; that the requested deadline of November 19, 2008, will be supported if FWCS agrees to coordinate the final design of Phase II with a Master Plan for the Civic Center; that changes to the design of Phase II may be required; that FWCS will always be personally supported; however, as a Commissioner, the interests of all citizens must be protected. City Manager Designate McNees stated that the Commission is indicating FWCS should coordinate the preparation of a final design for Phase II with Staff as part of the City's effort to prepare a Master Plan for the Civic Center; however, the proposed amendment to the FWCS Lease Agreement concerns an extension of a deadline to comence construction of an existing design for a specific area of the leasehold; that the desire of the Commission and the current requested action may not be compatible. Commissioner Palmer stated that the appropriate language could be drafted and incorporated into the FWCS Lease Agreement to allow FWCS to coordinate the preparation of a final design for Phase II with Staff as part of the preparation of a Master Plan for the Civic Center. Vice Mayor Quillin stated that either FWCS or Staff can draft the required language; that the Administration recommends a deadline of November 19, 2006, to commence construction of Phase II; that language could be incorporated into the FWCS Lease Agreement which stipulates the November 19, 2008, deadline will be observed if FWCS coordinates the preparation of the final design for Phase II with the preparation of a Master Plan for the Civic Center; that otherwise, the November 19, 2006, deadline will be required; that the expansion of the FWCS leasehold at the Civic Center was a very controversial and divisive issue; that a fiscal responsibility is held to the taxpayers of the City; that the City is currently subsidizing the VWPAH; that the subsidy should be reduced as much as possible; that the VWPAH does not receive significant revenues for performance dates allotted to local performing arts groups. City Manager Designate McNees stated that FWCS could be allowed to choose the November 19, 2006, deadline proposed by the Administration or to pledge future cooperation with Staff to modify the final design of Phase II to correspond with a Master Plan for the Civic Center to allow the November 19, 2008, deadline to commence construction; that cooperating with Staff during preparation of a Master Plan for the Civic Center would also allow FWCS further time to complete institutional and operational analyses. Mr. Jost stated that FWCS is willing to cooperate with Staff to coordinate a final design for Phase II with the preparation of a Master Plan for the Civic Center. Mr. McKenna concurred and stated that the City will not commence preparation of a Master Plan for the Civic Center until October 2003; that establishing a deadline of November 19, 2008, to commence construction of Phase II is preferred. City Manager Designate McNees stated that FWCS will have additional time to conduct further institutional analyses before October 2003. Attorney Schenk stated that a status report concerning the preparation of a final design for Phase II in coordination with the preparation of a Master Plan for the Civic Center could be required of FWCS and Staff by November 19, 2006; that the Commission could then be allowed to decide to extend the deadline to November 19, 2008, after the status report is considered. Vice Mayor Quillin concurred. City Manager Designate McNees stated that definite and specific language must be developed to define the required level of cooperation between FWCS and Staff to prepare a final design for Phase II which corresponds to a Master Plan for the Civic Center; that the existing footprint for the Phase II Concert Hall may require significant revision. Vice Mayor Quillin stated that an additional revision may be required to the proposed height of the Phase II Concert Hall; that the view corridor easement may be revoked and applied to another future development at the Civic Center; that an ad hoc committee should be established to discuss and coordinate the City's preparation of a Master Plan for the Civic Center; that BOOK 50 Page 22130 11/19/01 6:00 P.M. BOOK 50 Page 22131 11/19/01 6:00 P.M. representatives of the local pertorming arts groups could designate a delegate to the ad hoc committee, which could develop specific concepts for incorporation into a Master Plan for the Civic Center. City Manager Designate McNees stated that establishing an ad hoc committee is not required; that Staff is already overburdened and does not possess additional time to facilitate an additional ad hoc committee; that the City's effort to prepare a Master Plan for the Civic Center should be measured and conservative and should be commenced as scheduled during October 2003. Vice Mayor Quillin stated that an ad hoc committee of organizations specifically affected by a Master Plan for the Civic Center should be established. City Manager Designate McNees stated that an ad hoc committee could be established independent of Staff assistance but is not recommended; that preparing a Master Plan for the Civic Center should be carefully and conservatively developed with Staff assistance; however, Staff is already overburdened; that the preparation of a Master Plan for the Civic Center should commence as scheduled during October 2003. Commissioner Palmer asked if the Commission should delay consideration of any amenaments to the FWCS Lease Agreement until the proper language can be developed? Attorney Schenk stated yes; that time should be allowed to discuss and coordinate any further revisions to the FWCS Lease Agreement between FWCS, the City Attorney's Office, and the Administration. Attorney Bailey concurred and stated that FWCS is not willing to surrender any rights to the current footprint proposed for Phase II prior to November 19, 2006; that the proposed design of the Phase II Concert Hall is contingent upon the view corridor easement. Commissioner Palmer stated that the required language should be developed and presented for approval at the December 3, 2001, Regular Commission meeting. Attorney Schenk stated that the recommendation is to delay consideration of the Third Amendment to the FWCS Lease Agreement and proposed Resolution No. 02R-1440 to the December 3, 2001, Regular Commission meeting. On motion of Commissioner Palmer and second of Vice Mayor Quillin, it was moved to delay consideration of the Third Amendment to the FWCS Lease Agreement and proposed Resolution No. 02R-1440 to the December 3, 2001, Regular Commission meeting. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yesi Quillin, yes; Servian, yes; Mason, yes. 20. NEW BUSINESS: REPORT RE: : REDISTRICTING AND POPUILATION OF CITY COMMISSION DISTRICTS AS REQUIRED BY CITY CHARTER - RECEIVED REPORT (AGENDA ITEM VII-5) #2 (2900) through (3460) CD 9:03 through 9:11 Robert Fournier, Attorney, City Attorney's Office, came before the Commission, referred to a November 7, 2001, memorandum to the Commission from the City Attorney's Office concerning redistricting in the City included in the Agenda backup material, displayed computer-generated slides of the current populations of each Commission District included in the Agenda backup material, and stated that Section 1, Composition and District Boundaries; Eligibility, Election and Term of Members, Article III, City of Sarasota Charter (1996) (City Charter) requires: within one year after publication of each decennial census, the City Commission shall consider the number of residents in each of the three districts and if necessary, cause the boundaries of the districts to be redrawn in order to conform to Constitutional standards and other applicable requirements of law. Attorney Fournier continued that the 2000 United States Census was released to the public during April 2001; that the Commission is required to consider redistricting within one year after the decennial census information is released to the public; that a report is presented at the current meeting; however, action is not recommended; that the County Supervisor of Elections recommends postponing any Commission redistricting until the State Legislature votes to redistrict State electoral districts during 2002; that the Commission Districts currently possess the following populations: BOOK 50 Page 22132 11/19/01 6:00 P.M. BOOK 50 Page 22133 11/19/01 6:00 P.M. District No. Population 1 16,813 2 17,080 3 18,335 Attorney Fournier further stated that the total population of the City during 2000 was 52,228; that the ideal district average population is obtained by dividing the total population by three which equals 17,409; that the US Supreme Court allows a gross deviation of 10 percent from the ideal district for state and local legislative electoral districts; that the gross deviation refers to the sum of the percentage difference of the most and least populous districts from the ideal district; that current gross deviation for the City from the ideal district average if 17,409 is calculated as follows: District No. Population Difference Percent Difference 1 16,813 -596 -3.42 2 17,080 -329 -1.89 3 18.335 +926 +5.32 Gross Deviation: 3.42 + 5.32 = 8.74 Attorney Fournier stated further that the total gross deviation for the City is 8.74 percent which is below the 10 percent standard established by the US Supreme Court; that redistricting is not currently required but could be pursued if desired for other reasons; that minor redistricting such as ensuring a particular neighborhood is located entirely in a particular Commission District could occur if desired; that Commission Districts could be redistricted to correspond to more logical boundaries such as a roadway or waterway; that the County Supervisor of Elections requests the City wait to take any final action concerning redistricting until a decision concerning Statewide redistricting is reached by the State Legislature; that the County Supervisor of Elections also agreed to allow Staff to utilize the materials and computer software of the Office of the County Supervisor of Elections to facilitate redistricting if the Commission postpones action until a decision is reached by the State Legislature; that significant City funds would be conserved if the County's materials and software are utilized rather than purchasing the required materials and software; that the City's electoral precincts should be redistricted to correspond with County and State electoral precincts and districts; that a decision should be reached by the State Legislature by July 2002. Commissioner Palmer stated that the Commission should postpone action until a decision is reached by the State Legislature; that the City's electoral districts and precincts should correspond to Congressional, State, and County electoral districts and precincts. On motion of Commissioner Palmer and second of Commissioner Servian, it was moved to receive the initial report regarding the population of Commission districts per the 2000 US Census and to direct Staff to provide a report to the Commission within 60 days after the State Legislature has taken final action to redraw State Legislative and United States Congressional districts. Vice Mayor Quillin stated that Commission District No. 3 is the fastest growing area in the Cityi that representing Commission District 3 is challenging but is considered an honor; that the Commission should postpone further action on redistricting until the State Legislature reaches a decision. Commissioner Palmer stated that the population of Commission District No. 2 decreased during the previous ten years which was unanticipated; that the perception was Commission District No. 2 was growing the fastest as many new developments were constructed along the Bayfront; that the results of the 2000 US Census are interesting. Vice Mayor Quillin stated that the majority of the residents in Commission District No. 2 are only part-time or seasonal residents. Mayor Mason called for a vote on the motion. Motion carried unanimously (5 to 0): Martin, yesi Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. 21. COMMISSION BOARD AND COMMITTEE REPORTS (AGENDA ITEM IX) #2 (3460) CD 9:11 There were no Commission Board or Committee reports. 22. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA - REFERRED TO THE ADMINISTRATION THE CITY'S ROAD IMPACT FEE INTERLOCAL AGREEMENT WITH THE COUNTY TO CONSIDER IN RELATION TO THE RECENT INTERLOCAL AGREEMENT CONCLUDED BOOK 50 Page 22134 11/19/01 6:00 P.M. BOOK 50 Page 22135 11/19/01 6:00 P.M. BETWEEN THE CITY OF NORTH PORT AND THE COUNTY AND REFERRED THE SCHEDULING AND PLANNING OF A COMMISSION RETREAT TO THE ADMINISTRATION (AGENDA ITEM X) #2 (3460) through #3 (0320) CD 9:11 through 9:24 COMMISSIONER PALMER: A. stated that the Taxi Watch Program represents an excellent collaboration between the Sarasota Police Department, the Sarasota County Sheriff's Office, and local vehicles-for-hire businesses and is encouraged to continue; that local businesses and citizens should be utilized as much as possible to assist law enforcement efforts; that the Taxi Watch Program utilizes vehicles- for-hire drivers to report any criminal or otherwise suspicious activity to local law enforcement agencies. Vice Mayor Quillin stated that the Taxi Watch Program represents an excellent collaboration between local law enforcement agencies and important local businesses and is encouraged; that other jurisdictions and communities have similar programs; that the Taxi Watch Program should be advertised on City vehicles and participating vehicles for hire. B. stated that Mayor Mason recently received a November 9, 2001, letter from J. Thompson Cochran, representing the United States Conference of Mayors, concerning intelligence sharing for homeland security purposes among local, State, and Federal governments; that the letter indicates the US Attorney General is seeking local and State support for Congressional legislation to enable intelligence sharing for homeland security among all US governments and law enforcement agencies; that the Mayor should write a letter to Bob Graham (D) and Bill Nelson (D), US Senators from Florida, and to Dan Miller (R), US Representative, Florida, 13th Congressional District, to urge support for current Congressional legislation allowing intelligence sharing among local, State, and Federal governments and law enforcement agencies. Mayor Mason stated that the appropriate letters to Senators Graham and Nelson and Representative Miller have already been drafted. C. stated that the County and the City of North Port recently executed an Interlocal Agreement regarding the collection and expenditure of Road Impact Fees; that the Interlocal Agreement allows the City of North Port to collect all Road Impact Fees and to retain approximately 75 percent of the collected revenues for expenditure on the appropriate programs or projects in the City of North Port; that the City Attorney's Office should contact the City of North Port to obtain the specific details of the Interlocal Agreementi that the City's Interlocal Agreement with the County concerning the collection and expenditure of Road Impact Fees should be revised to correspond to the recent Interlocal Agreement between the City of North Port and the County; that the Administration and the City Attorney indicated support to do SO. Mayor Mason stated that the consensus of the Commission is to refer the issue of revising to the City's Interlocal Agreement with the County concerning the collection and expenditure of Road Impact Fees similar to the recent Interlocal Agreement concluded between the City of North Port and the County to the Administration. D. asked the scheduled time for the November 21, 2001, Special Out-of-the-sunanine Commission Meeting to hold an attorney-client session? City Attorney Taylor stated that the 3:00 p.m., November 21, 2001, Special Out-of-the-Sunshine Commission Meeting, will be called to order in the Commission Chambers and adjourned to City Hall Room 109 for the attorney-client session. VICE MAYOR QUILLIN: A. stated that the thermostat for the Commission Chambers is currently located in the control room but should be relocated; that the control room is located in an enclosed area; that Lemperature between the control room and the audience and Commission Table differs significantly; that the thermostat should have been relocated over two months ago; that the Commission Chambers are frequently very warm while the control room is very cold; that the thermostat should be relocated as soon as possible. BOOK 50 Page 22136 11/19/01 6:00 P.M. BOOK 50 Page 22137 11/19/01 6:00 P.M. City Manager Designate McNees stated that the thermostat will be relocated as soon as possible and will not be accessible to the public. B. stated that parking is a significant problem in the City and also for many other jurisdictions nationwide; that many potential parking solutions exist; that a few jurisdictions have established a parking authority to focus on providing a solution to management of parking issues; that a parking authority is usually responsible for managing parking and for planning long-term solutions to parking shortages; that the City should examine establishing a parking authority. Mayor Mason stated that establishing a City parking authority is not required or necessary at this time. City Manager Designate McNees stated that the Administration and Staff recently discussed the shortage of public parking Downtown and in the City; that the City will continue to pursue short- and long-term solutions to the shortage of public parking; however, a specific outcome to manage parking should not be established until the issues and all potential solutions are examined further; that the shortage of public parking is an important issue and an important priority for the Administration. C. stated that the past weekend was very exciting; that sculptures entitled "The Runners" by artist Jorge Blanco were recently installed in the median of US 41 in front of the Municipal Auditorium; that a celebration was held over the weekend to welcome the opening of the ABC Channel 40 station to the Rosemary District. D. stated that a Commission Retreat should be scheduled as five Commission seats are once again filled. Mayor Mason concurred and stated that scheduling a Commission Retreat was not previously supported; however, a Commission Retreat should be scheduled to further develop positive relationships among Commissioners and with the new Administration. Commissioner Palmer concurred and stated that a definite program for the Commission Retreat should be developed and approved by a Commission consensus. Mayor Mason stated that a consultant should not be hired to facilitate the Commission Retreat; that hearing the Commission's consensus, the scheduling and planning of a Commission Retreat is referred to the Administration. COMMISSIONER SERVIAN: A. stated that her first week as a Commissioner was a wonderful experience; that the Administration and Staff were very helpful and welcoming. B. stated that the Rosemary District celebration over the weekend was a wonderful experience and appropriately represented the spirit of the City's neighborhoods. Mayor Mason concurred and stated that the shortage of public parking was also clearly evident during the recent Rosemary District celebration; that the City previously promised additional public parking space to Rosemary District businesses; that the City's promises must be fulfilled; that the City purchased property in the Rosemary District to provide public parking but has not yet converted the property to public parking; that the Rosemary District celebration was a wonderful experience and was well attended; that an annual celebration is planned in the Rosemary District for the future. 23. OTHER ATTERS/ABKDNISTATVA OFFICERS (AGENDA ITEM XI) #3 (0320) through (0475) CD 9:24 through 9:28 CITY MANAGER DESIGNATE MCNEES: A. stated that the City recently adopted watering restrictions which correspond to the watering restrictions proposed by Southwest Florida Water Management District (SWFWMD); ; however, SWFWMD recently. rescinded the current watering restricts to allow watering twice per week instead of only once per week; that the County decided to maintain the current water restrictions of allowing watering once per week and has requested the City also maintain the current watering restrictions; that the City's current watering restrictions of once per week should be maintained; that the City's current watering restrictions will remain in effect through 2003 if no action is taken by the Commission. BOOK 50 Page 22138 11/19/01 6:00 P.M. BOOK 50 Page 22139 11/19/01 6:00 P.M. CITY AUDITOR AND CLERK ROBINSON: A. stated that John "Jack" Martin was nominated to the Local Option Sales Tax (L.0.S.T.) Citizens Tax Oversight Committee (CTOC) to replace Jose Garnham, who recently resigned due to a scheduling conflict which would not allow attendance at the December 6, 2001, L.O.S.T. CTOC meeting; that Mr. Martin will serve as a citizen representative from Commission District No. 2. CITY ATTORNEY TAYLOR: A. stated that Commissioners, the Administration, Staff, and the City Auditor and Clerk are wished a happy Thanksgiving. 24. ADJOURN (AGENDA ITEM XII) #3 (0475) CD 9:28 There being no further business, Mayor Mason adjourned the Regular meeting of November 19, 2001, at 9:28 p.m. - Camg - CAROLYN J. MASON, MAYOR ATTEST: Br4E Rabensen BILLY E. ROBINSON, CITY AUDITOR AND CLERK 3