MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF JULY 21, 2003, AT 2:30 P.M. PRESENT: Mayor Lou Ann R. Palmer, Vice Mayor Richard F. Martin, Commissioners Fredd "Glossie" Atkins, Danny Bilyeu, and Mary Anne Servian, City Manager Michael A. McNees, City Auditor and Clerk Billy E. Robinson, and City Attorney Richard J. Taylor ABSENT: None PRESIDING: Mayor Palmer The meeting was called to order in accordance with Article III, Section 9(a) of the City of Sarasota Charter at 2:30 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. CHANGES TO THE ORDERS OF THE DAY = APPROVED CD 2:30 City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Add Consent Agenda No. 1, Item No. IV-A-14, Approval Re: Set for public hearing proposed 2003 Local Law Enforcement Block Grant for the Regular City Commission Meeting of August 4, 2003, per the request of Police Lieutenant Lacertosa. B. Remove Consent Agenda No. 1, Item No. IV-A-12, Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Sarasota County Florida Boating Improvement Contract between the City of Sarasota and Sarasota County for the construction of restrooms at Centennial Park, per the request of Capital Projects Manager Mountain. Mayor Palmer stated that hearing no objections, the Changes to the Orders of the Day are approved. 2. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM I) CD 2:30 through 2:31 The following person came before the Commission: BOOK 54 Page 25872 07/21/03 2:30 P.M. BOOK 54 Page 258'73 07/21/03 2:30 P.M. Mary Ciner, Chair of the Citizens with Disabilities Advisory Board, 1714 Waldemere Street (34239), stated that the Commission is requested to reconsider obtaining closed captioning for AccessSarasota, Channel 19, AccessSarasota) that a request is for the City to identify funds for a partially used captioning system which is possible by only encoding the taped versions for reruns at a later date; that the tapes, including the pre-taped City shows, can be sent out for encoding; that no setup costs would be incurred; that reading lips and gaining an understanding of discussions is difficult; that reading lips from a distance is even more challenging if the Chambers camera is viewing the Commission from a distance; that sometimes the speaker is not facing the audience, or someone speaks with their head down, or sideways or lips are covered by hands. 3. APPROVAL RE: MINUTES OF THE SPECIAL JOINT MEETING OF THE CITY COMMISSION AND THE PUBLIC ART COMMITTEE OF JUNE 19, 2003, AND THE MINUTES OF THE REGULAR CITY COMMISSION MEETING OF JULY 7, 2003 - APPROVED (AGENDA ITEM II) CD 2:31 through 2:32 Mayor Palmer asked if the Commission had any changes to the minutes? Mayor Palmer stated that hearing no changes, the minutes of the Special Joint City Commission and Public Art Committee meeting of June 19, 2003, and the Reguar City Commission meeting of July 7, 2003, are approved as submitted by unanimous consent. 4. BOARD ACTIONS: REPORT RE: : CELEBRATE SARASOTA COMMITTEE MEETING OF JULY 9, 2003 = RECEIVED REPORT (AGENDA ITEM III) CD 2:32 through 2:43 Thorning Little, Chair, and Paul Thorpe, Vice Chair, Celebrate Sarasota Steering Committee (Committee), came before the Commission. Mr. Little presented the following items from the July 9, 2003, Committee meeting: A. Hands of Heritage Multicultural Festival Mr. Little stated that Stephania Feltz, Chair, Multicultural Committee, presented a status report on the Hands of Heritage Multicultural Festival, included in the Agenda Backup material, which will be held on October 17 and 18, 2003; that an overview of the festival events which begin on October 17, 2003, was presented; that the Commission previously expressed a desire for the Hands of Heritage Committee to provide an extensive report regarding the status of the festival; that the Hands of Heritage Committee is extremely organized and is now conducting broad reaching fund raising activities as well as continuing with organizational activity; that the grant application award for the Hands of Heritage Festival is $31,000; that the total budget for the festival is $63,705; that the budget detail is provided in the Agenda Backup material; that some of the activities indicated in the budget could be trimmed or activities could be added; that the Hands of Heritage Committee desires to raise an additional $30,000; that some of the funds will be received from merchants renting booths; that a sponsorship pledge form is included in the Agenda Backup material for groups desiring to make a donation toward the event; that an information package including festival events, program rates, sponsorship and vendor forms, and telephone numbers is also available in the City Auditor and Clerk's Office. B. Tartan Day Committee Mr. Little referred to a financial report of Celebrate Sarasota expenditures displayed on the Chamber monitors also included in the Agenda Backup material; and stated that $6,373.97 remains in the account; that Bill Wallace, representing the Tartan Day Committee and Sarasota Sister Cities Association (Sister Cities), came before the Committee on June 11, 2003, and indicated the Tartan Day Committee is prepared to refund approximately $3,500 to the City from the grant issued for the Strathspey Reel Society performance; that a refund check has since been received from the Tartan Day Committee in the amount of $4,380.11; that the amount represents funds which were not needed for lodging expenses; that in the June 11, 2003, meeting, Mr. Wallace requested authorization to use the $3,500 to purchase a run of fabric for the Sarasota Tartan; that the Commission recently authorized and selected fabric for the Sarasota Tartan; that Mr. Wallace also requested an additional $1,800 for a total amount of $5,300 necessary to complete the purchase; that a request of the Tartan Day Committee to use the $3,500 for the Sarasota Tartan was presented to the Commission at the June 16, 2003, Regular meeting; that the City Commission was requested to authorize the additional $1,800 be taken from funds which the Commission allocates to Sister Cities if the Sister Cities Board had no objection; that the Commission approved both of the Committee's requests; that subsequently, BOOK 54 Page 25874 07/21/03 2:30 P.M. BOOK 54 Page 25875 07/21/03 2:30 P.M. Mr. Wallace has indicated a price increase for the fabric run is possible; that the entire $4,380.11 may be required to purchase the fabric in addition to the $1,800 from Sister Cities; that Mr. Wallace was informed the request would be presented to the Committee and the Commission since $3,500 was the amount authorized; that Mr. Wallace could not be present at this time; that the final cost to purchase the fabric has not been determined. C. Historical Society of Sarasota County (Historic Society) Mr. Little continued that the Committee was requested to reconsider funds supporting the Historic Society's office at the Federal Building; that consideration of the request has been delayed until the final budget has been determined in October 2003. D. Time Capsule Mr. Little further stated that the City's time capsule has been located through the diligence of the City Auditor and Clerk; that the time capsule is at Sarasota Memorial Park and is not buried at this time; that the time capsule is well contained in a bronze capsule; that Sarasota Memorial Park will turn over the time capsule for relocation with proper City authorization; that $2,500 is budgeted in the Celebrate Sarasota account toward placement of the time capsule in the Federal Building, potentially under the stairway landing. Mayor Palmer stated that the Sister Cities Board approved allocating the additional $1,800 to complete the purchase of the Sarasota Tartan; that further action cannot be taken at this time until final information concerning costs for the Sarasota Tartan is received. Mayor Palmer stated that the City's existing time capsule is prominently displayed at Sarasota Memorial Park; and hearing no objections, the time capsule will be relocated to the Federal Building. Mayor Palmer continued that the grand opening of the John Ringling Causeway Bridge (Ringling Bridge) will be held on August 30, 2003; that Les McCurdy of McCurdy's Comedy Club has suggested the grand opening is a perfect connection with the celebration of the City's 100th Anniversary. Mr. Thorpe stated that meetings have taken place with Mr. McCurdyi that the Mayor was provided with an August 2003, letter from Ms. Feltz to fellow Sarasotans regarding the Hands of Heritage Multicultural Festival; that the letter indicates Mr. McCurdy will emcee the event; that Mr. McCurdy is extremely enthusiastic; that the desire is to promote the last event of the entire celebration of the City's 100th Anniversary; that a special event will be held Downtown; that Paul Mattison, Owner, and executive Chef of Mattison's City Grille will be holding an event on October 14, 2003; that events are being planned in concert with the Ringling Bridge Grand Opening; that a large crowd is anticipated; that a spectacular finish is planned; that the Hands of Heritage Committee has been working diligently. Mayor Palmer stated that the support and enthusiasm shown is appreciated. Commissioner Bilyeu stated that Mr. McCurdy emceeing the Hands of Heritage Multicultural Festival event is exciting; that two weeks were spent in his home town of Assumption, Illinois; that the town's sesquicentennial [150th anniversary] was celebrated during his visit; that town anniversaries are special events; that a beard contest was held; that historical clothing was worn by town residents; that historic families were recognized; that tee shirts displaying historic families were available which is a great idea; that the ideas are brought forth as suggestions for the celebration of the City's 100th Anniversary; that fellow Commissioners will likely not be present for Sarasota's sesquicentennial celebration; that he will be 97 years old at the time of the City's 150th anniversary; that a suggestion is for a Mr. and Mrs. Centennial; that couples should be involved; that the event should be fun; that a parade was held in his home town which had over 150 units; that traditional tractors and wagons were included; that celebration of the City's 100th Anniversary should include people and families having resided in Sarasota all or most of their lives; that the events should be exciting; that a City sponsored event should be held during or in between the grand opening of the Ringling Bridge and the Hands of Heritage Multicultural Festival; that the City's 100th Anniversary is a once in a lifetime event; that he will be happy to volunteer to coordinate the event. Mr. Thorpe stated that the support is appreciated; that the coordination of celebrating the City's 100th Anniversary began BOOK 54 Page 25876 07/21/03 2:30 P.M. BOOK 54 Page 25877 07/21/03 2:30 P.M. with a slow start but will end in a blaze of glory; that a fishing contest is planned during the month of July 2003; that a photographic art exhibit is also taking place. Mayor Palmer stated that the Deputy City Manager will be providing a report regarding the status of the Ringling Bridge opening at a later date. Mr. Thorpe stated that Mr. McCurdy also indicated businesses throughout the City should hold parties during the year to celebrate the birthday of their business; that the celebrations could tie into the celebration of the City's 100th Anniversary, that businesses in the City are a part of the community. On motion of Commissioner Bilyeu and second of Commissioner Atkins it was moved to receive the report of the Celebrate Sarasota Committee Meeting Of July 9, 2003. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Martin, yes; Servian, yes; Palmer, yes. 5. CONSENT AGENDA NO. 1 : ITEM NOS. 1, 2, 3, 4, 5,6, - 7, 8, 9, 10, 11, 13, AND 14 = APPROVED (AGENDA ITEM IV-A) CD 2:43 through 2:43 1. Approval Re: Set for public hearing proposed Ordinance No. 03-4462, amending Chapter 18, Human Relations of the Sarasota City Code to implement Article I, Section 5, of the Charter of the City of Sarasota prohibiting discrimination on the basis of age, color, disability, gender, martial status, national origin, race, religion, sexual orientation or veterans status in the areas of housing, employment and public accommodation; to provide for a declaration of policy; to provide for definitions; to create a Human Relations Board and to provide for its composition, function and jurisdiction; to set forth those acts which constitute unlawful employment practices; to provide for exceptions thereto; to prohibit discrimination in the sale or rental of housing; to prohibit discrimination in the provision of brokerage services; to prohibit discrimination in the financing of housing or in residential real estate transactions; to prohibit discrimination in land use decisions and in permitting of development; to provide for exemptions; to prohibit discrimination in the provision of public accommodations; to provide for exemptions; to adopt the Americans with Disabilities Act of 1990, the regulations adopted thereunder and the Florida Americans with Disabilities Accessibility Implementation Act by reference; to provide that any violation of such acts shall be a discriminatory practice; to make unlawful certain discriminatory practices; providing for the repeal of ordinances in conflict; providing for the severability of parts hereof if declared invalid or unenforceable; etc. 2. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a Temporary Parking Agreement between the City of Sarasota and Casto-Zenith Venture LLC for temporary parking and construction staging for the Whole Foods Project for one year starting August 1, 2003 and ending July 31, 2004 with a monthly rental fee of $1200.00. 3. Approval Re: Reject the offer of SunTrust to settle the Code Enforcement and Nuisance Abatement liens against Maple Manor Property for $1,000.00. 4. Approval Re: Authorize staff to send a letter to the Florida Department of Transportation (FDOT) requesting removal of pedestrian traffic signal on U.S. 41 near Patterson Drive. 5. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Municipal Services and Pre- Annexation Agreement between the City of Sarasota and Timothy Romero, Jr. for potable water service for a developed site located at 3030 Arlington Street. 6. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Municipal Services and Pre- Annexation Agreement between the City of Sarasota and H & M Homes, LLC, a Florida Limited Liability Corporation for the purpose of obtaining potable water and sewer service for an undeveloped site located at 1400 Myrtle Street. 7. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the 2003-2004 Action Plan for submission to the U.S. Department of Housing and Urban Development (HUD). 8. Approval Re: Authorize the revised Housing Partnership Program Guidelines to incorporate changes recommended by non-profit housing providers and staff; and the revised Water/Sewer Connection Program Guidelines to increase BOOK 54 Page 25878 07/21/03 2:30 P.M. BOOK 54 Page 25879 07/21/03 2:30 P.M. income limits in order to assist residents of private utility franchise areas that are assisted by Community Development Block Grant (CDBG) water and sewer projects. 9. Approval Re: Revised 2003-2004 Regional Bond Policy Guidelines. 10.Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Tunnel Removal and Reimbursement Agreement, between the City of Sarasota and Five Points Sarasota Investors, LLC, subject to approval of Resolution No. 03R-1626. 11.Approval Re: Authorize the Mayor and City Auditor and Clerk to execute an Interlocal Agreement between the City of Sarasota and Sarasota County for the administration of the County's Brownfield Program within the City limits. 13.Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the First Amendment to the Agreement for Disaster Recovery Services to set forth the name change of the contractor from Grubbs Emergency Services, Inc. to Grubbs Emergency Services, LLC, applicable to the original agreement of September 20, 2002. 14.Approval Re: Set for public hearing proposed 2003 Local Law Enforcement Block Grant for August 4, 2003. On motion of Commissioner Servian and second of Commissioner Atkins, it was moved to approve Consent Agenda No. 1, Item Nos. 1 through 11, 13 and 14. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Martin, yes; Servian, yesi Palmer, yes. 6. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 03R-1626) - ADOPTED; ITEM 2 (RESOLUTION NO. 03R-1631) = ADOPTED; ITEM 3 (ORDINANCE NO. 03-4460) ADOPTED ; ITEM 4 (ORDINANCE NO. 03-4465) = ADOPTED ; ITEM 5 (ORDINANCE NO. 03-4479) - ADOPTED; ITEM 6 (ORDINANCE NO. 03-4482) = ADOPTED (AGENDA ITEM IV-B) CD 2:43 through 2:47 1. Adoption Re: Proposed Resolution No. 03R-1626, appropriating $75,000 from the unappropriated fund balance of the gas tax fund to provide funding for the removal of the tunnel between the old Palmer Bank, located at Five Points, to its remote drive-through facilities located on the north side of First Street. 2. Adoption Re: Proposed Resolution No. 03R-1631, accepting abatement of nuisance and cost reports pertaining to the removal of accumulations of junk, rubbish, trash or other offending matter; directing the assessment of a lien against all real or personal property owned by the violator for the amount stated therein etc., (Title Only). 3. Adoption Re: Proposed Ordinance No. 03-4460, to conditionally vacate that certain approximately 20 foot wide alley that runs approximately 100 feet in length from north to south from First Street connecting to that certain 20 foot wide alley that runs east to west through the center of block 8, plat of Sarasota as well as to conditionally vacate the northerly 10 feet of that certain 20 foot wide alley that runs east to west located to the north of lots 8 and 10, block 8, plat of Sarasota plus the entire 20 foot width of said east to west alley where it adjoins the easterly 9.15 feet of Lot 6, Block 8, Plat of Sarasota, all as is more particularly described herein; etc., (Title Only). (Application No. 03-SV-02, Applicant Bruce E. Franklin, President, Land Resource Strategies, Inc., as agent representing Hel-Mar Sarasota Investors, LLC, n/k/a/ Five Points Sarasota Investors, LLC, as owners). 4. Adoption Re: Proposed Ordinance No. 03-4465 amending the Sarasota City Code, Chapter 33, Traffic and Motor Vehicles, Article VII, Schedules, Section 33-249, Schedule II: One-Way Streets and Alleys by changing the direction of traffic flow for the alley between Main Street and First Street from First Street to Lemon Avenue; repealing ordinances in conflict; providing for severability if any of the parts hereof are declared invalid; etc., (Title Only). 5. Adoption Re: Proposed Ordinance No. 03-4479, amending the Sarasota City Code, Chapter 30, Streets, Sidewalks and Other Public Places, Article I, In General, Section 30-4 aerial structures across streets by modifying the minimum height for such structures; and Section 30-10 by adding thereto a new subsection authorizing the City Manager, in certain circumstances, to waive all or a portion of right-ot-way permit and inspection fees, and by adding thereto a new subsection specifying that permits issued pursuant to Section 30-10 shall expire BOOK 54 Page 25880 07/21/03 2:30 P.M. BOOK 54 Page 25881 07/21/03 2:30 P.M. six months from the date of issuance; amending Article II, Construction and Repair of Sidewalks, by deleting therefrom Sections 30-26 through 30-33 inclusive; repealing ordinances in conflict; providing for severability if any of the parts hereof are declared invalid; etc., (Title Only). 6. Adoption Re: Proposed Ordinance No. 03-4482, amending the Sarasota City Code (1986) Chapter 2, Administration Article V, Boards, Commissions and Committees, Division 3, the Van Wezel Performing Arts Hall Board, as amended by Ordinance No. 03-4421 to add one member to said Board; specifying that the additional member shall be a resident of Sarasota Countyi three members shall be residents of Sarasota County, but not the City of Sarasota; setting forth findings; repealing ordinances in conflict; etc., (Title Only). City Auditor and Clerk Robinson read proposed Resolution No. 03R-1626 in its entirety, proposed Resolution No. 03R-1631 by title only and proposed Ordinance Nos. 03-4460, 03-4465, 03-4479, and 03-4482 by title only. On motion of Vice Mayor Martin and second of Commissioner Servian, it was moved to adopt Consent Agenda No. 2, Item Nos. 1 through 6. Mayor Palmer requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yesi Martin, yes; Palmer, yesi Servian, yes. 7. BOARD APPOINTMENTS : APPOINTMENT RE : BOARD OF RULES AND APPEALS = APPOINTED BRIAN DUFFY (AGENDA ITEM V) CD 2:47 through 2:48 City Auditor and Clerk Robinson stated that the seat designa ted for a Licensed Mechanical Contractor on the Board of Rules and Appeals is vacant due to the resignation of Charles Riedinger; that one application has been received. On motion of Vice Mayor Martin and second of Commissioner Bilyeu, it was moved to appoint Brian Duffy to the seat for a Licensed Mechanical Contractor on the Board of Rules and Appeals. Commissioner Bilyeu stated that thanks are extended to the individuals responsible for the application. Mayor Palmer called for a vote on the motion. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Martin, yes; Palmer, yes; Servian, yes. Mayor Palmer announced the appointment of Brian Duffy to the Board of Rules and Appeals. 8. UNFINISHED BUSINESS: STATUS REPORT RE : DESIGN/BUILD PROPOSALS LIDO BEACH FOR SWIMMING POOL = REPORT PROVIDED (AGENDA ITEM VI) CD 2:48 through 3:00 William Hallisey, Director of Public Works, and Duane Mountain, Public Works Capital Projects Manager, came before the Commission. Mr. Hallisey stated that the City sought proposals from qualified firms for a design/build renovation of the Lido Beach Swimming Pool; that proposals were received; that three high quality proposals were submitted; that the lowest responsive proposal was submitted in the amount of $386,218 by Tampa Contracting, Inc.; that available funding for the project is $296,000 from the following sources: City park impact fees $135,000 Radisson parking fees $ 36,000 County $125,000 Mr. Hallisey continued that the funding gap including a 10 percent contingency is $128,839. Mr. Mountain stated that the renovation project is fairly simple; that the pool will have five lap lanes; that filtration will be achieved by working with the depth of the pool; that minimum depth of the pool will be three feet, four inches with a maximum depth of five feet, six inches; that the pool will have new decking and a new fence; that new equipment including a heater and filtration system will be encapsulated in a new building; that the site will basically remain the same; that the existing diving platform will be saved; that the diving platform will be hauled to a designated site either for storage or future use. Vice Mayor Martin asked the material to be used for the fence surrounding the pool? BOOK 54 Page 25882 07/21/03 2:30 P.M. BOOK 54 Page 25883 07/21/03 2:30 P.M. Mr. Mountain stated that the material used for the fence will be black vinyl Clad chain link which will blend into the environment. Commissioner Bilyeu asked for clarification of the plans for the diving board. Mr. Mountain stated that the renovated pool will be too shallow for diving; that the existing diving platform will be saved as previously requested by the Commission; that the diving platform will either be hauled away for storage or will be utilized on site for historical purposes or some other use. Mayor Palmer asked for clarification of the location of the maximum depth in the pool. Mr. Mountain stated that the maximum depth is located in the far south end of the pool; that the majority of the pool will have depth sufficient for water aerobics and similar uses. Mayor Palmer asked the manner in which the funding gap of $128,839 will be raised? Mr. Hallisey stated that neither funding nor programs for funding has yet been identified; that proceeds may be available through the Local Option Sales Tax (L.0.S.T.) extension, also called the penny sales tax, as projects are completed; however, at the current stage, the projects under construction require all the funding; that available proceeds which may become available from future projects depend upon bidding; that the potential for raising funds throughout the community was discussed; that someone is needed to take a lead role. Mayor Palmer stated that a number of people have previously indicated a desire to contribute to the renovation of the pool. Commissioner Servian stated that specifics concerning individuals willing to contribute are not known; that the individuals previously indicating interest in holding a fundraiser will be contacted; that Sarasota County should contribute funds toward the renovation of the pool since County funds normally expended for maintenance have not been spent over the last two years; that the funds should be available for renovation of the pool. Mr. Hallisey stated that Sarasota County was contacted; that the County did not carry forward previously budgeted funding for maintenance of the pool since the pool was not operational; that the County indicated funding would have to come from some other identified County project within the City if additional funding from the County is desired; that the only project Staff has identified is Payne Park; however, the Commission is aware a funding issue exists regarding Payne Park. Mayor Palmer stated that the community should be contacted. Commissioner Servian agreed; and stated that the individuals in the community previously indicating interest will be contacted; that the Commission and Staff will be updated as soon as information is received. Mayor Palmer stated that Staff is requesting direction; that funding for the entire renovation of the pool is not presently available; that providing appropriate direction to Staff is a concerni that clarification of the desired direction is requested. City Manager McNees requested that Staff indicate the length of time the Design/Build Proposals for the project will remain valid? Mr. Mountain stated that the Design/Build Proposals are valid for 90 days. City Manager McNees stated that a suggestion for appropriate direction is to determine over the next 60 days if a true public interest exists to raise the funds; that Staff can bring back the Design/Build Proposal for approval during the remaining 30 days. Mayor Palmer stated that any fellow Commissioners having a connection with individuals interested in pursuing the renovation of the pool should be contacted for contributions; that one contribution was made for $1,000 by the Historical Society of Sarasota County; that the amount may be small but is a commitment; that the necessary funding will be available if 128 people contributed $1,000. Vice Mayor Martin asked for clarification of the functioning of the new equipment in the event of hurricanes and storms. Mr. Mountain stated that the amount of the storm surge will determine the extent of damage to the equipment; that the electrical equipment will no longer be located below ground; that the new building to house the equipment will allow the water to BOOK 54 Page 25884 07/21/03 2:30 P.M. BOOK 54 Page 25885 07/21/03 2:30 P.M. flow through the building rather than building up inside; that all effective measures for protecting the new equipment will be taken; that a storm surge of 8 to 10 feet will destroy the new equipment; that storms are always an issue on the beach. Vice Mayor Martin stated that many multi-family projects have a generator room and a pump room; that the rooms are sealed by doorways; and asked if the new equipment will be sealed through use of a door? Mr. Mountain stated that sealing the new equipment with doorways will be researched; that the motor which operates the pump rather than the physical pump would be the issue during a storm; that the new equipment will be mounted as high as possible. Mr. Hallisey stated that the previous storm damage to the equipment facility only totaled $7,000 which was mainly due to having the electric installed below grade; that above grade electrical installations can handle significant weather; that newer electrical equipment can be disassembled and cleaned if submerged due to storm surge; that damage to electrical equipment is not considered a high risk. Commissioner Bilyeu asked the responsible party for maintaining the pool once renovated? Mr. Hallisey stated that Sarasota County is responsible. Mayor Palmer stated that Sarasota County has not budgeted any maintenance fees for the pool for fiscal year (FY) 2003/04; that the County should be reminded the pool will hopefully be completed prior to the end of FY 2003/04. Mr. Hallisey stated that Sarasota County is well aware of the status of the project; that the County participated in the evaluation of the bids; that the County realizes the responsibility for maintenance and staffing of the pool once the pool is operational. Mayor Palmer asked the length of time necessary for construction of the pool once the contract is awarded? Mr. Mountain stated that projections for opening of the pool were based on funding being available at this time; that 90 days is potentially added to the projection making June of 2004 an estimated opening date. Mayor Palmer stated that work to obtain funding through the community should begin immediately to move construction and opening of the pool forward. Mayor Palmer further stated that the presentation by Staff is appreciated; that the efforts of the Ad Hoc Citizens Committee for the Lido Pool and the community to move the project forward is also appreciated. 9. ADDITIONAL CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM VII) CD 3:00 There was no one signed up to speak. The Commission recessed at 3:00 p.m. and reconvened at 6:00 p.m. 10. COMMISSION PRESENTATION RE: PROCLAMATION FOR THE 13"E ANNIVERSARY OF THE AMERICANS WITH DISABILITIES ACT (AGENDA ITEM VIII-2) CD 6:00 through 6:04 Mayor Palmer requested that Pamela Dorwarth, former Member of the Citizens with Disabilities Advisory Board, come before the Commission; and stated that Ms. Dorwarth is the Americans with Disabilities Act liaison for the State of Florida, is a resident of Sarasota, and has been an advisor to the City concerning disability issues for a long time; and read in its entirety the Proclamation for the 13th Anniversary of the Americans with Disabilities Act. Ms. Dorwarth, Donita "Maggie" Sumney, Manager, Employee Relations/Americans with Disabilities Act Coordinator, and Mary Ciner, Chair, Citizens with Disabilities Advisory Board, came before the Commission. Ms. Dorwarth stated that the City's six days of celebration recognizing the tenth anniversary of the Americans With Disabilities Act represented a landmark; that the Governor of Florida is now acknowledging the anniversary of the Americans With Disabilities Act every year; that the anniversary is named and designated as "Take a Disability to Work or Play Day"; that the Governor presents a proclamation on the anniversary of the passage of the Americans with Disabilities Act; that people who BOOK 54 Page 25886 07/21/03 2:30 P.M. BOOK 54 Page 25887 07/21/03 2:30 P.M. are strong proponents of the Americans With Disabilities Act are now attempting to persuade President George W. Bush to also acknowledge July 26, 2003, the anniversary as "Take a Disability to Work or Play Day," which was Sarasota's idea; that the proclamation is being presented to Ms. Ciner and the City's Citizens with Disabilities Advisory Board for display and to share with the rest of the community; that the proclamation is for everyone not just the disabled; and thanked the Commission for the honor. Ms. Ciner stated that being a member of the Citizens with Disabilities Advisory Board is a learning experience and continues as such; that she has been working with the Citizens with Disabilities Advisory Board since 1994 as a facilitator and coordinator to focus on the issues of disability; that subsequently, she has been promoted to a permanent facilitator with the Citizens with Disabilities Advisory Board; that the Citizens with Disabilities Advisory Board is fascinating; that working on the Board provides an opportunity for continual research; that questions are always being raised; that visits to the library are ongoing; that the opportunity to learn is appreciated. Mayor Palmer stated that Ms. Ciner has held a seat on the Board for quite a while and is a very strong advocate for citizens with disabilities. 11. COMMISSION PRESENTATION RE : MAYOR' S CITATION PRESENTED TO THE SNAPPERS BASEBALL CLUB, INC. REPRESENTED BY MR. RALPH BODZIAK, PRESIDENT, 1 AND MR. RON KOZLOWSKI (AGENDA ITEM VIII-1) CD 6:04 through 6:13 Pat Calhoon, Sports Facilities Manager, Mr. Ralph Bodziak, President, and Mr. Ron Kozlowski, Vice President, Snappers Baseball Club, Inc., came before the Commission. Mr. Calhoon stated that Mayor Palmer previously indicated to him the importance of recognizing the role the Snappers Baseball Club, Inc., a local Amateur Athletic Union Baseball Club, has played in partnering with the City in securing and hosting National, Regional, and State Baseball Championships for the past eight years; that the Snappers Baseball Club, Inc. and many volunteers have assisted in bringing Amateur Athletic Union tournaments to Sarasota resulting in a significant economic impact to the community; that the Snappers Baseball Club, Inc. have coached over 500 youth baseball players and contributed significantly to more than 20 individuals who have gone on to secure National Collegiate Athletic Association (NCAA) baseball scholarships; that Mr. Bodziak has been a leader in baseball and in the community for many years; that Mr. Bodziak has been involved in the Sarasota Little League since 1979; that people like Mr. Bodziak are needed in the community to assist in developing the community's youth; that Mr. Bodziak's efforts not only helps to develop good baseball players but also assists in providing youth healthy alternative activities; that Mr. Kozlowski has been heavily involved in baseball as well and is now Chairman of the Sarasota County Sports Commission; that the economic impact to the community has been approximately $54 million during the past seven years in which he has worked with Mr. Bodziak and Mr. Kozlowski, which is significant as most of the tournaments occur during the non-tourist season; that honoring Mr. Bodziak and Mr. Kozlowski is a wonderful idea; that on July 25, 2003, 56 teams from approximately 30 states will be registering, resulting in approximately 2,500 people coming into Sarasota for eight to ten days to play in and attend baseball tournaments; that the economic impact will be $5 to $6 million. Mayor Palmer read in its entirety the Mayor's Citation recognizing the major role of the Snappers Baseball Club, Inc., in partnering with the City in securing many baseball tournaments during the past eight years, promoting and providing a vehicle for the advancement of the local highly proficient baseball youth by participation in the Amateur Athletic Union statewide and national programs; and presented the Mayor's Citation to Mr. Bodziak and Mr. Kozlowski; that the efforts extended to the community and to the community's youth are appreciated. Mr. Bodziak stated that the support from the City has been fantastic; that eight years ago, the first Amateur Athletic Union team traveled to Cocoa Beach, Florida, for an Amateur Athletic Union National Championship and learned Amateur Athletic Union baseball is tough; that Amateur Athletic Union baseball was considered exciting; that the Snappers Baseball Club, Inc., is the first Amateur Athletic Union team formed in the area; that Amateur Athletic Union National Baseball Championships generate income from commissions; that it was felt Sarasota could benefit from holding local American Athletic Union National Baseball Championships; that the Snappers Baseball Club, Inc., went to the 2000 Amateur Athletic Union National Baseball Championship in Reno, Nevada, and assisted BOOK 54 Page 25888 07/21/03 2:30 P.M. BOOK 54 Page 25889 07/21/03 2:30 P.M. with the presentation supporting the award of the current Amateur Athletic Union National Baseball Championship invitational tournament; that all the tournament sites, facilities, and host groups throughout the Country were rated; that Sarasota was rated number one; that the Snappers Baseball Club, Inc. was awarded an additional two year invitational; that the success could not have been achieved without the support and partnership with City and Staff; that bidding for tournaments will continue. Mayor Palmer stated that the success achieved is due to people like Mr. Bodziak and Mr. Kozlowski supporting the young people in the community; that the tournaments are brought to Sarasota to support the young people; that Sarasota is the City of baseball champions which is due to the efforts of Mr. Bodziak and Mr. Kozlowski. 12. PRESENTATION RE : SARASOTA SCHOOL OF ARTS AND SCIENCES (AGENDA ITEM IX-1) CD 6:13 through 6:25 Pepar Anspaugh, Executive Director, Sarasota School of Arts and Sciences, came before the Commission. Vice Mayor Martin stated that the charter school effort is relatively new and Sarasota School of Arts and Sciences was one of the first charter schools in the community; that the school's growing pains have been personally observed; that comments have been heard from the community indicating the excellent progress the Sarasota School of Arts and Sciences has made; that having a presentation regarding the achievements and plans of the school is a wonderful opportunity for the City and the Community; that Sarasota School of Arts and Sciences is a gem in the Rosemary District. Mr. Anspaugh stated that Sarasota School of Arts and Sciences is a public premier middle charter school which strives to educate the whole child; that a holistic approach is utilized giving attention to the school curriculum via multi-cultural and interdisciplinary methods to look at the cognitive, affective and psychomotor domains together as one; that he has been Executive Director for two and one-half years; that significant changes have been made; that the cognitive, affective and psychomotor approach to educating children is one of the keys to the optimum development of children, and is also the reason for the incredible success achieved by Sarasota School of Arts and Sciences; that Sarasota School of Arts and Sciences has been a state-recognized "A" school for two years; that Sarasota School of Arts and Sciences received the Federal government Best Practices award; that Sarasota School of Arts and Sciences is located in the historic Rosemary District; that the location affords easy access to Selby Public Library, Marie Selby Botanical Gardens, Mote Marine Laboratory and Aquarium, Van Wezel Performing Arts Hall, The Sarasota Opera House, Players Theater, Inc., Gulfcoast Wonder and Imagination Zone, Asolo Theatre Company, and many other cultural institutions facilitating the school's efforts to partner in educating Sarasota's most important resource, which is the children. Mr. Anspaugh continued that a strings program will commence in fall 2003; that a rumor has been heard indicating a symphony may be locating near Sarasota School of Arts and Sciences; that Sarasota School of Arts and Sciences has advanced in many ways and at warp speed; that research indicates approximately five years is required to achieve the desired direction of a school; that Sarasota School of Arts and Sciences has achieved many milestones in two and one-half years; that Sarasota School of Arts and Sciences has very high Florida Comprehensive Assessment Test scores; that exemplary results were received from the school audit conducted by Sarasota Countyi that Sarasota School of Arts and Sciences is one of the leading charter schools and middle schools in the City, County, and State; that in the spring of 2003, the charter for the Sarasota School of Arts and Sciences was scheduled for renewal by the Sarasota County School Board; that the charter was renewed for a 10-year period, which was a significant achievement; that Sarasota School of Arts and Sciences students participating in the inter-scholastic sports program were applauded and cheered; that Sarasota School of Arts and Sciences earned a Runner-up District Trophy for boys soccer; that several awards and trophies were earned by the Martial Arts Department. Mr. Anspaugh further stated that pride and excitement was experienced while witnessing the band concert's first-place finish in the Division and receiving the coveted High School- Middle School Esprit de Corps Award in Orlando, Florida; that the Esprit de Corps Award was given for outstanding behavior, attitude, tenacity, and school spirit; that the eighth grade participated in the Future City Engineering competition in Miami, Florida; that the students have received seven County Science Fair awards in 2003; that the performing arts BOOK 54 Page 25890 07/21/03 2:30 P.M. BOOK 54 Page 25891 07/21/03 2:30 P.M. presentations throughout the year, including the school's first musical and first dinner theater performance were watched in awe; that Sarasota School of Arts and Sciences is the first middle school in Sarasota County granted membership in the renowned International Thespian Society; that Sarasota School of Arts and Sciences is permitted to participate in a statewide Thespian competition in 2004; that Sarasota School of Arts and Sciences has been awarded a Leslie and Margaret Weller Arts Education Program of the Community Foundation of Sarasota "Arts Education for Everyone" Grant to construct a black box theater. Mr. Anspaugh stated further that the cheerleaders and dance team have been invited to the Orange Bowl festivities in January 2004 which will require significant funds; that two Odyssey of the Mind teams were fielded in 2003; that both teams reached the State competition; that the sixth grade team placed tenth in the State of Florida, which was outstanding; that the seventh and eighth grade team came away with first place; that subsequently, the same team was awarded the Odyssey of the Mind OMER Award for exceeding the goals of the Odyssey of the Mind creative problem solving competition; that the first place team went on to the University of Iowa and competed in world competition; that 33 countries were represented; that Sarasota School of Arts and Sciences came out in fourth place which was thrilling; that an annual auction and fundraiser is held to add funds to the budget allowing additional programs; that the Parent Teacher Student Society has added $17,000 in equipment and funding for teacher conferences during 2003; that Sarasota School of Arts and Sciences students are consistently accepted to various programs and honors, such as the International Baccalaureate Program, Math and Science Technology Research Program, and Math and Science Technology Medicine and Health Programs, Booker Visual and Performing Arts Program, the Booker Environmental Program, and the Booker Media Programs, as well as other specialty schools throughout the United States; that new honors classes and a gifted program will be the focus for the upcoming year; that contracts with Marie Selby Botanical Gardens and Mote Marine Laboratory and Aquarium continue allowing the students to learn science on site; that the awesome direction in which Sarasota School of Arts and Sciences is heading is exhilarating; that Sarasota School of Arts and Sciences has become a premier middle school of Sarasota and the State; that the theme for 2003/2004, "if a dream benefits our children the dream is made a reality," encompasses beliefs and expectations held for the yeari that the City's Building, Zoning and Code Enforcement Department assisted in expediting the school's Building Program; that the Building Program will be open in the Fall of 2003. Mr. Anspaugh stated that Sarasota School of Arts and Sciences continues to be sensitive to all groups and religions; that Sarasota School of Arts and Sciences realizes a great opportunity exists in promoting the ideals of tolerance in a Country celebrating such wonderful diversity; that Sarasota School of Arts and Sciences is an advocate of promoting tolerance throughout the world and the hope is other schools will follow suit and become multi-cultural in nature; that with sO much prejudice still left on Earth, if asked the manner in which to accomplish tolerance, the response is as Mother Teresa gave which is, "one child at a time"; that the City is the jewel of the State; that Sarasota School of Arts and Sciences is considered one of the jewels of Sarasota. Mayor Palmer stated that Sarasota School of Arts and Sciences is undoubtedly the jewel of Sarasota; that a charter school has made such an intense mark in the community is wonderful; that Sarasota School of Arts and Sciences is indicative of the significance of the charter school movement; and thanked Mr. Anspaugh, the students, and everyone involved for doing such an incredible job assisting the Rosemary District come alive. Vice Mayor Martin asked the number of students attending Sarasota School of Arts and Sciences? Mr. Anspaugh stated that approximately 400 students presently attend; that 50 students were enrolled six years agoi that more than 400 students can possibly be housed. 13. PRESENTATION RE: SAFE NAVIGATION OF BIG PASS, NEW PASS AND SURROUNDING WATERS - DIRECTED THE ADMINISTRATION TO PREPARE A LETTER TO THE UNITED STATES COAST GUARD REQUESTING AN INDEFINITE POSTPONEMENT OF FURTHER REMOVAL OF NAVIGATIONAL AIDS PENDING ADDITIONAL TIME FOR STUDY (AGENDA ITEM IX-2) CD 6:22 through 6:30 Chris Kofler, representing the Sarasota Boaters Coalition, Bill Glass, representing the National Boat Owners Association and the Greater Tampa Bay Marine Industries Association, and Bill Meyers, representing the United States Coast Guard Auxiliary Flotilla 82, which hails out of Mote Marine Laboratory and Aquarium, came before the Commission. BOOK 54 Page 25892 07/21/03 2:30 P.M. BOOK 54 Page 25893 07/21/03 2:30 P.M. Mr. Kofler stated that the Sarasota Boaters Coalition represents local private and commercial boaters, boating groups, and individuals working together to encourage safe navigation in local waters; that several of the organizations comprising the Sarasota Boaters Coalition include National Boat Owners Association, the United States Coast Guard Auxiliary Flotilla 82, the Sarasota Power Squadron, Marina Jack, Bird Key Yacht Club, the Field Club, and the Sarasota Yacht Club; that officers of many of the organizations are present in the Chambers and are recognized; that the immediate safety concerns relate to the pending removal of a series of aids to navigation of the inland waters adjacent to Big Pass by the United States Coast Guard (Coast Guard); that the aids to navigation have been removed in the past for shoaling reasons which is understood; that many of the adjacent markers depict navigable safe channels used by local boaters and transient boaters, especially around Siesta, Bird, and Lido Keys; that the removal as originally proposed in a publication by the Coast Guard would constitute a significant additional hazard, not only to local boaters, but especially to transient boaters who spend money in Sarasota and are more prone to running aground. Mr. Kofler continued that Sarasota has a well deserved reputation as one of the finest waterfront resort and recreation communities in the State of Florida; that boating and water sports in local waters maintain and expand the reputation; that issues such as navigation safety should be regarded by the City and County as a high priority due to frequent national and world class boating activities and the immense impact of boating on the local economy; that the Sarasota Boaters Coalition requests the Commission authorize the Mayor to communicate the concerns on behalf of the Coalition and the City to the Coast Guard requesting an indefinite postponement of further removal of navigational aids pending additional time for study; that the County has conducted recent conversations with the Coast Guard regarding a similar postponement request; that the Sarasota Boaters Coalition has prepared a draft letter to the Coast Guard addressing the issues which will be left with the Commission; that boating and related marine industries represent the largest single industry in the State. Mr. Glass stated that the National Boat Owners Association and the Greater Tampa Bay Marine Industries Association, represents the marine industry, and 22,000 registered boaters from Sarasota through Pasco Counties, that removal of the navigational aids will result in some serious consequences; that Sarasota presently has one of the lowest incidences of boating accidents in the State; that removal of the navigational aids will cause an increase in incidences; that the marine industry in the State generates $14.3 billion in revenues; that in addition to tourists, 22,000 registered boaters use the waters. Mr. Meyers stated that streets are marked with white and yellow lines; that signage indicates allowed speed, right or left turns, etc.; that a license is required to operate a vehicle; that Florida has the second largest boating population in the United States and is rated number one in boating accidents and fatalities, which is a distressing situation; that personally teaching a basic boating course reveals the lack of knowledge of a significant number of boaters; that the navigational aids are vital and are the signs on the waterways; that a vehicle can pull off the road or turn on windshield wipers and continue to travel if a thunderstorm developsi that the same possibilities do not exist for an open boat; that boats do not have brakes; that maintaining the navigational aids is vital; that any pressure the Commission can place upon the Coast Guard will be appreciated; that the transient boaters take away nothing, but rather, leave money; that Sarasota must be known as a friendly port; that otherwise, the transient boaters will bypass Sarasota; that a friendly port allows the ability to enter a mooring or wharf area comfortably, easily, and safely. Mayor Palmer stated that hearing no objection the Administration is requested to prepare a letter to the Coast Guard requesting an indefinite postponement of further removal of navigational aids pending additional time for study. 14. PRESENTATION RE: FLORIDA STUDIO THEATRE MASTER PLAN (AGENDA ITEM IX-3) CD 6:30 through 6:38 Vice Mayor Martin stated that he was employed as an usher at the Florida Studio Theatre in younger days; that the Florida Studio Theatre has expanded significantly; that the activities and number of people, including children, involved in Florida Studio Theatre programs are amazing; that Florida Studio Theatre is developing a master plan as well as an additional expansion; that the City is developing a Cultural District Master Plan which presents a good opportunity for a presentation of the Florida Studio Theatre Master Plan; that the Theater and Arts District Zone District is a partner to the Cultural District BOOK 54 Page 25894 07/21/03 2:30 P.M. BOOK 54 Page 25895 07/21/03 2:30 P.M. Master Plan; that a presentation being provided to the Commission is pleasing and appreciated. Richard Hopkins, Florida Studio Theatre Artistic Director, came before the Commission; and stated that Florida Studio Theatre is in the process of purchasing the Palm Tree Playhouse property, also known as Theatre Works, located at 1247 First Street; that the purchase will close on or before October 2003; that an intense urban development will occur on the property which will be artistic as well as multi-use. Mr. Hopkins continued that Florida Studio Theatre has been in the community since 1973; that Florida Studio Theatre was considered an alternative touring theater performing all over the State to people in prisons, migrant camps, and community centers who did not have an opportunity for theater; that the tradition continues; that Florida Studio Theatre's first mission is to make theater accessible and affordable to as many people as possible; that 9,500 people subscribe to Florida Studio Theatre which has the largest subscriber base of any theater in the State; that a second mission is to present challenging, entertaining theater with gusto which is fulfilled nightly on the Mainstage Theatre and at the Cabaret; that a third mission is for being a positive, vital change agent through the plays which are produced; that Florida Studio Theatre is committed to producing American contemporary work which speaks to a broad, diverse audience; that Florida Studio Theatre has presented a greater diversity of plays speaking to more ethnicity, gender issues, and breadth of thought, i.e., liberal-conservative, than any theater in the State; that the fourth mission is to operate within and for the public trust with fiscal responsibility. Mr. Hopkins further stated that Florida Studio Theatre operates five programs; that the Mainstage Theatre has 9,500 subscribers, that Florida Studio Theatre plays to capacity throughout the winter; that space exists during the summer months allowing tourists to attend; that the Cabaret Theatre opened to appeal to people not normally attending theater; that people are frequently too intimidated to purchase a theater ticket but will visit a restaurant; that the Cabaret Theatre has a subscriber base of 6,800; that the New Play Development Program has developed 33 world premiers in New York City, New York, Chicago, Illinois, Atlanta, Georgia, and more than 100 productions around the nation; that the Education Program serves 2,000 children, teenagers, and adult students on premises every year; that 60 full scholarships are provided to needy students; that the Write-a-Play program annually reaches 55,000 children; that children in Sarasota County schools are encouraged to write plays; that 5,000 plays are received from children annually; that the plays are professionally produced; that 10,000 children are bussed in to see the plays written by peers; that the Write- a-Play program is extraordinary and has been hosted for a decade. Mr. Hopkins stated further that the Florida Studio Theatre has operated without a deficit over the past 12 years, has an endowment of approximately $2 million, has three commercial facilities at the corner of Palm and Cocoanut Avenues which are not mortgaged, has six wholly owned residential facilities which house resident artists and interns; that 80 to 100 people are employed per week at peak season; that 30 people are employed year-round; that the net worth of the facilities of Florida Studio Theatre is approximately $6 million; that anticipated continued growth is the reason for purchasing the Palm Tree Playhouse property; that the 30th anniversary of Florida Studio Theatre is approaching; that the Palm Tree Playhouse will initially be used as rental space for Nate Jacobs and the West Coast Black Repertoire Theatre. Mr. Hopkins stated further that Florida Studio Theatre is completing an analysis to help determine the best future direction of the Palm Tree Playhouse to serve the public; that the analysis should be completed September 1, 2003; that the analysis was conducted with consultants from Arts Action Research of New York City, New York; that the master planning will commence in the fall of 2003 to determine required facilities on the Palm Tree Playhouse property; that design and construction will commence subsequent to the master planning; that Florida Studio Theatre will add 500 to 800 seats creating a thriving arts and theater district; that parking is a concern; that Florida Studio Theatre must introduce parking ideas to Staff for parking integration within the Cityi that aesthetics are an important aspect toward the creation of a shining example of urban development and art in Downtown Sarasota. Mayor Palmer stated that Florida Studio Theatre is becoming involved in the Downtown Parking Master Plan and the Cultural District Master Plan; that the presentation is appreciated. Mayor Palmer requested that City Auditor and Clerk Robinson explain the public hearing sign-up process. City Auditor and BOOK 54 Page 25896 07/21/03 2:30 P.M. BOOK 54 Page 25897 07/21/03 2:30 P.M. Clerk Robinson stated that all persons wishing to speak at the public hearings are requested to complete a Request to Speak form; that speakers at the non quasi-judicial public hearings will have five minutes to speak; that speakers will be timed and will be advised when one minute remains; and repeated for the benefit of those present in the Chambers the Pledge of Public Conduct as adopted by the Commission as follows: We may disagree, but we will be respectful to one another. We will direct all comments to issues. We will avoid personal attacks. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. 15. NON QUASI-JUDICIAL PUBLIC HEARING RE : PROPOSED ORDINANCE NO. 02-4401, AMENDING THE ZONING CODE (2002 ED.) TO SET FORTH REGULATIONS FOR THE PROTECTION OF TREES ; SETTING FORTH FINDINGS AS TO INTENT AND PURPOSE; AMENDING ARTICLE II, DEFINITIONS AND RULES OF CONSTRUCTION, DIVISION 2, DEFINITIONS; SEC. II-201, DEFINITIONS, TO DEFINE TERMS RELATED TO TREE PROTECTION; ; AMENDING ARTICLE VII, REGULATIONS OF GENERAL APPLICABILITY, TO CREATE A NEW DIVISION 3.1, TREE PROTECTION, CONTAINING: SEC. VII-309 ADMINISTRATION AND PURPOSE; SEC. VII-310, PROHIBITING REMOVAL OF A GRAND TREE ; PROVIDING FOR EXEMPTIONS ; SEC. . VII-311, PROHIBITING PURCHASE OR PLANTING OF PROHIBITED TREES; SEC. VII-312, PROTECTING TREES DURING DEVELOPMENT ; SEC. VII-313, TREES ABUTTING PUBLIC PROPERTY; SEC. VII-314, TREES PLANTED WITHIN UTILITY EASEMENTS; SEC. VII-315, SUSPENSION OF THESE REGULATIONS DURING EMERGENCIES; SEC. VII-316, REQUIRING A PERMIT PRIOR TO THE REMOVAL OF TREES; SEC. VII-317, LICENSES AND INSURANCE REQUIRED; SEC. VII- 318, EXEMPT TREES; SEC. VII-319, PROCEDURES FOR THE ISSUANCE OF TREE REMOVAL PERMITS; SEC. VII-320, CRITERIA FOR THE ISSUANCE OF TREE REMOVAL PERMITS ; SEC. VII-321, PROCEDURES FOR DENIAL OF TREE REMOVAL PERMITS; SEC. VII- 322, CONDITIONS OF TREE REMOVAL PERMITS: REQUIREMENT FOR REPLACEMENT TREES OR PAYMENT OF A MINIMUM FEE INTO A TREE REPLACEMENT FUND; SEC. VII-323, REVOCATION OF TREE REMOVAL PERMITS; SEC. VII-324, SCHEDULE OF FEES AND CHARGES; SEC. VII-325, FINES FOR THE UNLAWFUL REMOVAL OF TREES; SEC. VII- 326, ENFORCEMENT; SEC. VII-327, REMOVAL OF DAMAGED OR DEAD TREES; AMENDING ARTICLE IV, DEVELOPMENT REVIEW PROCEDURES, ; DIVISION 6, VARIANCES; SEC. IV-606, F, STANDARDS FOR REVIEW; ENABLES THE BOARD OF ADJUSTMENT TO GRANT VARIANCES AS INCENTIVE FOR TREE PRESERVATION; AMENDING ARTICLE IV, I DEVELOPMENT REVIEW PROCEDURES; DIVISION 7, ADMINISTRATIVE APPEALS; SEC. IV-702, C, APPIICATION/NOTICE OF APPEAL, PROCEDURES FOR THE FILING OF APPEALS TO THE BOARD OF ADJUSTMENT ; AMENDING ARTICLE III, DECISION MAKING AND ADMINISTRATIVE BODIES; DIVISION 2, PLANNING BOARD ; SEC. III-201, I, POWERS AND DUTIES; I, REVIEW OF SITE PLANS FOR TREE PROTECTION AND J, TREE PROTECTION AGREEMENTS; SETTING FORTH TRANSITIONAL RULES; REPEALING ORDINANCES IN CONFLICT ; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF ; ETC. . (TITLE ONLY) (APPLICATION NO. 03-ZTA-02, CITY OF SARASOTA) - PASSED ON FIRST READING WITH REVISIONS (AGENDA ITEM X-A-1) AND NON QUASI-JUDICIAL PUBLIC HEARING RE: : PROPOSED ORDINANCE NO. 03-4453, AMENDING THE SARASOTA CITY CODE BY THE REPEAL OF CHAPTER 35, VEGETATION; ARTICLE II, TREE PROTECTION, CONSISTING OF THE FOLLOWING SECTIONS: SEC. 35-21, DEFINITIONS; SEC. 35-22, TREE REMOVAL - PERMIT REQUIRED ; SEC. 35-23, SAME- -EXEMPTIONS; SEC. 35-24, SAME - PERMIT PROCEDURE; SEC. 35-25, SAME -CRITERIA FOR GRANTING PERMITS i SEC. 35-26, SAME-PERMIT CONDITIONS : SEC. 35-27, SAME - REVOCATION OF PERMITS; SEC. 35-28, SAME-APPEAL; SEC. 35-29, PROHIBITED TREES; SEC. 35-30, PROTECTION OF TREES DURING DEVELOPMENT ; SEC. 35-31, TREES ABUTTING PUBLIC PROPERTY, ; AND SEC. 35-32, EMERGENCY TREE REMOVAL; ; SETTING FORTH FINDINGS ; REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF; ETC. (TITLE ONLY) = PASSED ON FIRST READING (AGENDA ITEM X-A-2) CD 6:38 through 8:05 Mayor Palmer stated that the two ordinances relate to tree protection; that proposed Ordinance No. 02-4401 and proposed Ordinance No. 03-4453 will be addressed simultaneously, opened the public hearing on the two ordinances, and requested Staff to come forward. Timothy Litchet, Director of Building, Zoning and Code Enforcement, and Sarah Schenk, Attorney, City Attorney's Office, came before the Commission. Mr. Litchet referred to computer-generated slides displayed on the Chamber monitors regarding the proposed tree protection ordinance BOOK 54 Page 25898 07/21/03 2:30 P.M. BOOK 54 Page 25899 07/21/03 2:30 P.M. throughout the presentation; and stated that he and Attorney Schenk will be conducting the presentation; that Phil Smith, a licensed arborist with David W. Johnston and Associates, has performed substantial work on the proposed Ordinance and is present in the Chambers and available for technical questions, if necessary; that the presentation has been prepared by Attorney Schenk as part of a school project and at no cost to the City; that additional key points and issues which have been raised will be summarized after the presentation; that questions can be answered after the presentation. Attorney Schenk stated that proposed Ordinance No. 02-4401 amends the Zoning Code (2002 Ed.) and contains the new tree protection regulations recommended by the Planning Board/Local Planning Agency and the Parks, Recreation, and Environmental Protection Advisory Board (Parks Board); that proposed Ordinance No. 03-4453 repeals the existing tree protection regulations in the Sarasota City Code (1986 as amended) (City Code); that proposed Resolution No. 03-1628 setting forth fees for tree removal permits will be presented, is included for informational purposes in the Agenda Backup material, and will be proposed for adoption at the August 4, 2003, Regular Commission meeting simultaneously with second reading of proposed Ordinance No. 02-4401. Mr. Litchet stated that the heart of proposed Ordinance No. 02-4401 is the Grand Tree provision applying to Live Oak trees 24 inches or greater in diameter at breast height; that diameter at breast height is a standard measurement which is used to measure trees; that four reasons exist for limiting the diameter at breast height standard to Live Oak trees; that Staffing is a consideration for application of proposed Ordinance No. 02-4401; that protection of other trees such as pines, for example, may require a technical study and may require more room for protection than a Live Oak tree; that proposed Ordinance No. 02-4401 may work best in small steps; that impacts during application of proposed Ordinance No. 02-4401 must be evaluated; that a significant provision is Staff can consult with arborists to determine methods to protect the Grand Trees at the developer's cost which is a key point going forward in discussion of proposed Ordinance No. 02-4401. Attorney Schenk stated that new definitions have been added for Diseased and Prohibited Trees. Mr. Litchet referred to Section II-201, Definitions of proposed Ordinance No. 02-4401 included in the Agenda Backup material; and stated that a new definition for "Diseased Tree" is included as follows: A tree determined by the Director of Building, Zoning and Code Enforcement to be a hazard to people, buildings or other improvements on the subject real property or to other trees or which has a fifty percent greater crown loss. Mr. Litchet continued that Mayor Palmer suggested the definition include the word "existing" to read as follows: or other existing improvements on the subject real property.. Attorney Schenk referred to Section II-201, Definitions of proposed Ordinance No. 02-4401 included in the Agenda Backup material; and stated that the definition of the term "Removal" was revised as follows: The relocation, removal, cutting down, poisoning, topping, lolly popping, damaging or any other action that causes irreparable injury to a protected tree. Attorney Schenk continued that requirements have been expanded providing the individual responsible for the protection of trees during a development includes not only the property owner but also the contractor issued tree removal permits and the contractor issued building permits; that a revision was made regarding trees located in utility easements which now includes a Tree Protection Agreement; that details are provided in Section VII-314, Trees within Utility Easements, of proposed Ordinance No. 02-4401; that Mr. Litchet met with Florida Power and Light, other utility companies, and government agencies who indicated a desire for being exempt from the requirement to secure a tree removal permit for removal of each individual tree; that sample ordinances were reviewed; that a sample ordinance from Charleston, South Carolina, indicated a master agreement could be entered into with each entity to provide blanket protection as well as detailed mitigation measures unique to the type of tree removal; that proposed Ordinance No. 02-4401 indicates final approval of the agreement for exemption to the requirement to secure a tree removal permit for each individual tree would be by the Commission after receiving a recommendation from the Planning Board/Local Planning Agency. BOOK 54 Page 25900 07/21/03 2:30 P.M. BOOK 54 Page 25901 07/21/03 2:30 P.M. Mr. Litchet stated that the agreement for exemption to the requirement to secure a tree removal permit for each individual tree is not to exempt the various organizations from meeting the requirements of the Tree Protection Ordinance, but is rather for encouraging self-monitoring; that for exampie, Florida Power and Light Company removes or trims numerous trees throughout the City and has indicated coordinating tree removal permits for an entire block would cause difficulty in meeting schedules; that any type of tree removal agreement should be reviewed as appropriate prior to entering into an agreement to assure compliance with proposed Ordinance No. 02-4401. Attorney Schenk stated that additional exempt trees were added to include citrus trees, trees grown at commercial nurseries as part of their stock, trees not protected by any other ordinance or under four and one-half inches, and trees grown in institutional botanical gardens; that the Zoning Code (2002 Ed.) strictly requires botanical gardens be non-profit agencies. Mr. Litchet stated that citrus trees are a point of contention for many residents; that citrus trees are fragile and can freeze; that currently residents are offended by the requirement to pay for a permit for removal of citrus trees. Vice Mayor Martin asked if a permit is required for citrus trees? Mr. Litchet stated that a permit is presently required for removal of citrus trees; that the proposed Ordinance exempts citrus trees from the requirement of paying a fee for the permit; that a permit will still be required. Attorney Schenk stated that a tree removal permit is also required for removal of dead trees; however, no fee is payable; that the Parks Board recommended modification if the tree is currently used for the nesting of birds, unless Staff determines the tree is a hazard to the public health, safety, and welfare. Vice Mayor Martin stated that the understanding is a dead tree cannot be removed while occupied by nesting birds; that once the nesting birds have left the tree can be removed. Attorney Schenk stated that is correct. Attorney Schenk continued that proposed Ordinance No. 02-4401 includes a requirement for replacement trees for all new commercial construction, new residential dwellings, and substantially remodeled residential dwellings, which is a change from the proposed Ordinance as originally written; that the Planning Board/Local Planning Agency recommended specifications for replacement trees applicable to housing for low or moderate income families; that the difference is the size of the replacement trees are smaller; that details are provided in Section VII-322, Permit Conditions, of proposed Ordinance No. 02- 4401; that a major change to proposed Ordinance No. 02-4401 is the creation of a Replacement Tree Fund; that the preference is to relocate the existing trees on site; that a fee is imposed for payment to the Replacement Tree Fund to provide additional mitigation if the existing trees cannot be relocated and replacement trees cannot be located on site or in the vicinity of the project; that Section VII-324, Schedule of Fees and Charges, of proposed Ordinance No. 02-4401, indicates the fee schedule; that the Planning Board/Local Planning Agency also recommended reducing the payment to the Replacement Tree Fund for moderate to low income family housing. Attorney Schenk referred to Section VII-325, Penalty for Non- compliance, of proposed Ordinance No. 02-4401; and further stated that the penalties for non-compliance have been substantially strengthened; that maximum fines are $225 depending on the size of the diameter breast height of the tree removed; that the contractor and the property owner are liable for the fines; that an enforcement process is provided through a Special Master; that the City can withhold building permits, certificates of occupancy, or issue stop work orders as required; that the Board of Adjustment enters the process; that Section IV-606, Standards for Review, of proposed Ordinance No. 02-4401 indicates a procedure for granting of variances as follows: applicant to receive a variance equal to the decrease in the buildable area caused by the modification required to the structure to preserve trees Attorney Schenk stated further that during the permitting review process, Staff can require applicants for tree removal permits to seek a variance prior to issuing a permit; that the Board of Adjustment can consult with certified arborists at the cost of the applicant and attach any conditions deemed appropriate to the variance; that Transitional Rules are detailed in proposed Ordinance No. 02-4401; that a complete site plan must be signed off by the Development Review Committee prior to August 4, 2003, and the site plan approved within six months, to be vested under BOOK 54 Page 25902 07/21/03 2:30 P.M. BOOK 54 Page 25903 07/21/03 2:30 P.M. the prior regulations; that subsequent site plans will be required to comply with proposed Ordinance No. 02-4401. Mr. Litchet stated that Vice Mayor Martin previously requested information regarding the number of tree removal permits issued for the past two years; that 403 tree removal permits were issued in 2002; that 285 tree removal permits have been issued in 2003 to date; that an estimated 400 tree removal permits will likely be issued by the end of 2003; that permit fees in 2002 totaled $17,495; that 2003 permit fees to date total $14,413; that Vice Mayor Martin also requested information regarding the number of code enforcement cases cited for the past two years for tree removal without a permit; that 14 cases occurred in 2002; that 11 cases have occurred to date in 2003; that the specific types of trees for which the cases were cited is not known. Vice Mayor Martin asked the amount of the fines imposed? Mr. Litchet stated that sufficient time was not allowed to determine the amount; that the Special Master has taken tree removal seriously; that fines are imposed; that a recent case involved a contractor with repeat violations; that Staff took an additional unique step requiring the contractor to draft a business plan to educate new employees as to if a tree permit had been obtained from the City; that the contractor prepared a 14- point plan and was required to reduce and affix the plan to the dashboards of contractors' trucks to provide specific procedures; that the contractor later thanked Staff as significant turnover had made communication with employees difficult; that Staff is using creative methods to avoid losing trees; that halting the removal of a tree is more important than imposing fines; that education is important; that non-profit entities and builders of affordable housing have been notified of proposed Ordinance No. 02-4401; that lawn care and tree removal businesses were notified by conducting a search of occupational license businesses; that a copy of the proposed Ordinance was also sent to Florida Power and Light Company, Marie Selby Botanical Gardens, and Jay Brady, Executive Director, Gulfcoast Builders Exchange, Inc.; that planners conducting work with the City on a continual basis have also been notified; that extra steps have been taken to ensure all affected parties have been notified of proposed Ordinance No. 02-4401. Mr. Litchet continued that the concept is to begin with protection of the Live Oak due to staffing levels and to define the protection of other trees in the future. Vice Mayor Martin asked the number of Grand Trees removed under the City's permitting process in the last two years? Mr. Litchet stated that few Grand Trees have been removed; that a 60 foot Grand Tree was recently damaged in the vicinity of Bahia Vista Street and US 41; that a few 24 foot Live Oaks have been removed; that the exact number is not known; that approximately 10 to 20 Grand Trees have been removed in the last two years. Vice Mayor Martin stated that 10 to 20 Grand Trees will likely not be lost over the next two years. Mr. Litchet agreed; and stated that greater efforts will be made to save damaged Grand Trees; that Section II-201, Definitions, of proposed Ordinance No. 02-4401 includes a definition for topping or lolly popping as follows: Indiscriminate pruning of a tree irregardless of branch structure. Often circular to head back natural growth of a tree. Results in poor, potentially hazardous branch structure and abnormal growth. Mr. Litchet continued that a scrivener's error was identified in the definition; that the word "irregardless" will be replaced by "regardless" before second reading of the proposed Ordinance; that lolly popping is not a common term; that the trees are trimmed into a ball shape which destroys the canopy of a nice tree but is somewhat acceptable in the industry; that the Parks Board recommends lolly popping not be allowed, and Staff agrees. Mr. Litchet referred to Section VII-311, Prohibited Trees, of proposed Ordinance No. 02-4401 as follows: Purchasing or planting prohibited trees as defined in this Code for the purposes of planting upon private or public property shall be prohibited. Established prohibited trees are not required Mr. Litchet stated that Vice Mayor Martin suggested amending the first sentence of the definition to read as follows: The sale, purchase or planting of prohibited trees BOOK 54 Page 25904 07/21/03 2:30 P.M. BOOK 54 Page 25905 07/21/03 2:30 P.M. Commissioner Bilyeu asked if an incentive exists for residents to remove nuisance trees? Mr. Litchet stated that proposed Ordinance No. 02-4401 does not include an effort or requirement regarding removal of nuisance trees; that the Tree Replacement Fund may be a good use of some of the funds for removal of nuisance trees; that an administrative regulation or statute can be formulated to address the use of the funds. Commissioner Bilyeu stated that trees should not be planted under utility lines; that seeing a beautiful Oak tree with a large hole cut out of the canopy to accommodate utility lines is unpleasant; that beautiful Magnolia trees were recently planted underneath utility lines and will eventually have holes cut in the canopy by Florida Power and Light Company. Mr. Litchet stated that Staff has coordinated with Florida Power and Light Company; that Florida Power and Light Company has provided Staff with brochures for distribution; that landscape plans requiring site development plan approval require a landscape architect to seal the plans; that landscape architects are aware of appropriate plantings near utility lines; that Staff has not reviewed locations of plantings in detail in the past; that certification of the plans by a landscape architect has been required since 1998; that Staff is now aware of the issue concerning the appropriate placement of plantings; that Staff coordinates with Florida Power and Light Company. Mr. Litchet continued that mandatory mitigation is another key point in proposed Ordinance No. 02-4401; that the current Tree Protection Ordinance does not require mandatory mitigation if trees are removed; that proposed Ordinance No. 02-4401 has a specific formula which is no longer subjective; that Staff indicates mitigation is currently occurring although not required by the City Code; that Staff is attempting to encourage developers to work with Staff; that the developers usually cooperate; that Section VII-322, Permit Conditions of proposed Ordinance No. 02- 4401 provides specific replacement ratios for trees to be removed; that Staff essentially formulated the ratios by observing many different ordinances and working with Phil Smith, of David W. Johnston and Associates; that the ratios are formulated to provide reasonable mitigation for the different type of trees removed; that the ratios are on a sliding scale; that a different scale is provided for low income housing as recommended by the Planning Board/Local Planning Agencyi that the requirements have been reduced in half in terms of the minimum size of replacement trees which can be used; that the policy decision was added to the proposed Ordinance to address the sensitive needs of low income housing. Commissioner Servian stated that the size requirement for low income housing is an issue of intense personal concern; that less trees being required on low income housing is fundamentally unfair; that an individual building an affordable house is just as deserving of a tree canopy as anyone else; that Replacement Tree Funds should be used to subsidize replacement trees at the same ratio and caliper. Vice Mayor Martin agreed. Mayor Palmer stated that the ratio of replacement trees to removed trees is not reduced; that the required replacement caliper minimum is reduced; that the consensus of the Commission is to request including language indicating use of Replacement Tree Funds to subsidize replacement trees for low income housing at the same ratio and caliper. Commissioner Atkins stated that trees are expensive; that the manner in which to subsidize replacement trees at the same ratio and caliper should be identified. Commissioner Servian stated that the Tree Replacement Fund should be used to mitigate the difference in the size of trees. Commissioner Atkins stated that utilizing funds in the Tree Replacement Fund to mitigate the difference in the size of the trees is supported if funding is available in the Tree Replacement Fund; that the proposed Ordinance should include a stipulation indicating the reduced required replacement caliper minimum applies if funding is not available in the Tree Replacement Fund. Commissioner Servian agreed. Commissioner Bilyeu asked if funds available in the Tree Replacement Fund could fund larger caliper trees for low income housing projects related to the Housing Opportunities for People Everywhere VI grant if awarded? BOOK 54 Page 25906 07/21/03 2:30 P.M. BOOK 54 Page 25907 07/21/03 2:30 P.M. Mr. Litchet stated that the Tree Replacement Fund can be used to purchase larger trees if a project requires removal of trees to rebuild new dwelling units with Housing Opportunities for People Everywhere VI grants; that funding can be contributed to the developer to upgrade the size of trees. Mayor Palmer stated that other funds are available; that the State Housing Initiatives Partnership program provides funds which could be utilized for infrastructure; that the belief is State Housing Initiàtives Partnership funds could offset the costs for landscaping for affordable housing; that the points raised by Commissioner Atkins are agreed with; that funds in the Tree Replacement Fund should be used to fund replacement trees at the larger caliper indicated; that the required replacement caliper minimum should remain if funds are not sufficient in the Tree Replacement Fund; that additional language should be included in proposed Ordinance No. 02-4401 indicating the reduced required replacement caliper minimum would apply if funds in the Tree Replacement Fund are not available for larger trees; that all housing should be treated equally. Attorney Schenk stated that the language can be included in proposed Ordinance No. 02-4401. Mayor Palmer stated that hearing no objections, additional language will be included in proposed Ordinance No. 02-4401 which indicates the reduced required replacement caliper minimum would apply if funds in the Tree Replacement Fund are not available for larger caliper trees. Mr. Litchet stated that Mayor Palmer's desire is to assure the understanding is clear the fee will be tripled if a tree is removed without a proper permit and the tree is not replaced with a tree with the required Diameter Breast Height; that a provision will be included to indicate a tree of like species must be installed in the same location if a tree is removed without a permit; that the following phrase will be added to Section VII-322(e) of proposed Ordinance No. 02-4401: and that the tree shall be replaced at the same location as the tree removed without permit in addition to paying any penalty as found in Section VII-325. Vice Mayor Martin stated that a tree of the same species must be installed. Mr. Litchet stated that is correct. Mayor Palmer stated that an individual could decide removing a tree without a permit and paying the fines without having to replace or redesign a building would be less expensive; that requiring replacement of a tree of the same species in the same location will be a deterrent. Commissioner Atkins asked if a tree of the same caliper must be replaced in the same location? Mr. Litchet stated that a replacement permit will require the tree has the required caliper; that removing a tree without a permit will result in tripled permit fees and the code enforcement penalties listed in Section VII-325 of proposed Ordinance No. 02-4401; that mitigating trees must be installed in the same location as any tree removed without a permit. Commissioner Atkins asked if removing trees without a permit and commencing construction has occurred in the past? Mr. Litchet stated that no one has been caught removing trees without a permit and commencing construction. Commissioner Atkins stated that the penalty seems severe. Mayor Palmer stated that a permit to remove a tree can be obtained if a hazard exists or if the building footprint requires removal 'of the tree; however, in some instances, removing the tree and paying all the fines may be less expensive than having to re-do the site and changing the building footprint. Commissioner Servian stated that requiring a replacement tree in the same location is a concern. Vice Mayor Martin stated that the requirement for a replacement tree is a concern; that the principle is supported; however, developing a project to save all trees possible could create a hardship. City Manager McNees stated that the issue is removing trees to avoid obtaining a permit; that a permit would be granted in certain circumstances if requested. Mayor Palmer stated that the Commission must make the decision. BOOK 54 Page 25908 07/21/03 2:30 P.M. BOOK 54 Page 25909 07/21/03 2:30 P.M. Vice Mayor Martin stated that an agreement in principle exists; that enforcement is necessaryi however, the enforcement should not be overly punitive; that an alternative method should be considered; that a fine is paid to the Tree Replacement Fund; that the replacement tree could be located on the property; that determining a solution is difficult. Commissioner Servian asked Staff to read back the proposed wording of the regulation. Mr. Litchet quoted Section VII-322 of the proposed Ordinance as revised as follows: (e) For a tree removed without proper permits the required D.B.H. or fee shall be tripled and that the same species tree shall be replaced at the same location as the tree removed without permit in addition to paying any penalties as found in SEC. VII-325. Commissioner Servian stated that removing the same location requirement is preferable; that the ability to enforce the regulation is unknown. Mayor Palmer stated that an individual could decide to ignore Staff's request to move the footprint of the building to save a tree and actually remove the tree; that the tree would no longer exist, eliminating the necessity of moving the footprint of the building; that language is required as a deterrent; that the Commission may be spending too much time discussing an issue which will not occur frequently; however, protecting trees and attempting to prevent individuals from removing trees without permits is the intent; that the penalty should be severe enough to be a disincentive; that restructuring the language in a manner satisfactory to the other Commissioners is necessary. Attorney Schenk stated that language could be revised to indicate replanting in close proximity to the removal site will be allowed if Staff determines the replacement tree cannot be planted on the removal site. Commissloner Servian stated that the suggestion for revised language is better. Commissioner Bilyeu stated that the suggested wording is good; that a tripled fine will be imposed if an individual removes a tree and is caught; that requiring planting close to the location from which the tree was removed is supported. Mayor Palmer asked the tree removal permit fee? Mr. Litchet stated that the standard tree removal permit is $30 plus $5 per tree. Vice Mayor Martin stated that a triple fee is $100. Mr. Litchet stated that is correct. Vice Mayor Martin stated that the triple fee is a mild reprimand. Mr. Litchet stated that proposed Ordinance No. 02-4401 includes additional penalties, which cause additional expense; that the penalty for removal of a Grand Tree is $100. Vice Mayor Martin stated that a tree with a diameter of 4 to 15 inches can be replaced with a 3-inch diameter tree. Mr. Litchet stated that is correct; that a replacement tree must be 15 inches of diameter if 15 inches of diameter is removed; however, five 3-inch trees will meet the requirement. Vice Mayor Martin stated that replacement of the required inches can be in multiple trees. Mr: Litchet stated that is correct. Vice Mayor Martin stated that the concern is requiring significant tree replacements may result in more trees on the site than is practical; that the trees will be unable to grow to provide full canopies. Mr. Litchet stated that contributing to the Tree Replacement Fund in lieu of planting trees will provide flexibility. Vice Mayor Martin stated that an option is to plant a reasonable number of trees on the property and to contribute money which would have been expended on required trees to the Tree Replacement Fund. Mr. Litchet stated that a reasonable replacement will be required; that a landscape architect can determine reasonable replacement; that replacing the required number of trees on a site in a reasonable manner may not be possible; that an option allows installing replacement trees on sites in close proximity or BOOK 54 Page 25910 07/21/03 2:30 P.M. BOOK 54 Page 25911 07/21/03 2:30 P.M. contributing to the Tree Replacement Fund; that Staff is attempting to provide flexibility to the developers; that either scenario will accomplish the goals of additional tree canopy. Attorney Schenk stated that close proximity could be in the public right-of-way if the City accepts the trees; that trees could be in a neighborhood park. Mayor Palmer stated that a provision to allow close proximity for tree replacement could be included in the proposed Ordinance as recommended by the PBLP. Vice Mayor Martin asked the definition of close proximity? Mr. Litchet stated that the PBLP liked the concept of close proximity as trees could be replaced adjacent to or in the right- of-way to improve the appearance in the development if all replacement trees will not fit on the site; that some adjacent residents may appreciate additional buffering provided by trees; that language providing flexibility is required; that decisions regarding placement of replacement trees may be required from the Commission; that allowing planting of replacement trees in close proximity provides administrative flexibility. Vice Mayor Martin stated that a determination would be made in the site plan process. Mr. Litchet stated that is correct. Mr. Litchet stated that Mayor Palmer suggested Section VII-323 (g), Credit for other plantings, of proposed Ordinance No. 02-4401 be revised to read as follows: Trees planted on-site in compliance with the landscaping requirements may be used in whole or part to Mr. Litchet continued that the suggested language goes against the concept of planting in close proximity. Mayor Palmer stated that is correct. Mr. Litchet further stated that Staff recommends the administration of the Tree Replacement Fund should be in an administrative regulation to allow for ease of administration and changesi; that the regulations for the Tree Replacement Fund could be drafted as an ordinance if the Commission desires; that the PBLP suggested having some input or at least the ability to comment on the administrative regulation is desired; that the assumption is the Commission would like the same ability; that an immediate decision is not necessary as Staff continues to discuss the manner in which to administer the Tree Replacement Fund; that a workshop could be conducted to determine priorities; that accumulating significant funds in the Tree Replacement Fund will take time; however, Staff would appreciate knowing if the Commission is not in agreement with the concept of an administrative regulation and desires the regulation in an ordinance form. Attorney Schenk stated that an administrative regulation would preserve flexibility to adjust the program through the process; that the process for adopting an ordinance takes many months. Vice Mayor Martin stated that the assumption is the permit fees pay the cost of the permitting process and Staff time involved. Mr. Litchet stated that is correct. Vice Mayor Martin stated that the understanding is fines go into the General Fund. Mr. Litchet stated that is correct. Vice Mayor Martin stated that a source of funding for the Replacement Tree Fund could be the tree removal fines. Mr. Litchet stated that is correct. Attorney Schenk stated that Staff may be currently counting on fine revenues for certain purposes. Vice Mayor Martin stated that considering fines as a funding possibility seems appropriate. Mr. Litchet stated that using fines for funding can be addressed as the Tree Replacement Fund is more specifically defined. City Manager McNees stated that a portion of the fines could be used to cover the costs of prosecution and administration; that the balance could go to the Tree Replacement Fund. Mayor Palmer stated that the suggestion is excellent. Mr. Litchet stated that building permit fees are monitored in a similar manner to an enterprise fund; that funds collected for tree permit fees probably most appropriately belong in the same fund as the funds are statutorily created to cover costs of BOOK 54 Page 25912 07/21/03 2:30 P.M. BOOK 54 Page 25913 07/21/03 2:30 P.M. administrating the actual permits, inspections, etc.; that including tree permit fees in the Tree Replacement Fund is not recommended. Mayor Palmer asked if the fees for replacement trees can be included in the Tree Replacement Fund? Mr. Litchet stated that the ability to include fees for replacement trees in Tree Replacement Fund is unknown; that a specific list for uses should be prepared; that Staff has not had the opportunity to prepare a list as ensuring proposed Ordinance No. 02-4401 is adopted is the priority. Mayor Palmer stated that the funds should be in the Tree Replacement Fund and not be utilized for any other General Fund purposes; that the funds would be related to tree replacement; that the funds should be placed in the General Fund in a category which cannot be utilized for anything else; that hearing no objections, use of the Tree Replacement Fund is for items related to tree replacement. Vice Mayor Martin stated that the fee for replacement trees should be included in the Tree Replacement Fund; that the general cost of trees is of interest; that a 24-inch tree can be removed and $600 paid into the fund for replacement; that a 24-inch tree cannot be purchased for $600; that being overly punitive is not desired; however, income for funding replacement trees is required; and asked if the replacement tree fees are aligned with the cost of trees being planted on a site? Mr. Litchet stated yesi that contributing to the Tree Replacement Fund rather than fully replacing trees on site is less expensive in some cases; that the intent is not to be overly punitive to some site developments; that the fees would benefit all the citizens if a site cannot accommodate all required replacement trees; that the fees can be debated; that fees were debated by the Parks, Recreation, and Environmental Protection Advisory Board; that the PBLP did not focus on fees. Vice Mayor Martin stated that the cost of a tree should be the cost of a tree; that if money is required to plant the tree on the site, a like amount of money should go into the Tree Replacement Fund, rather than a lesser amount. Phil Smith, a licensed arborist with David W. Johnston and Associates, came before the Commission and stated that the fees are on the low side; that the Parks, Recreation, and Environmental Protection Advisory Board indicated the fees were too high; however, the Planning Board/Local Planning Agency indicated the fees should be higher; that the fees do not reflect replacement costs; that a $600 fee to replace a 24-inch tree is inexpensive; that a 24-inch tree costs approximately $18,000. Vice Mayor Martin stated that the low fee is an incentive to not place trees on site but rather to elect to place the trees off site by paying into the fund; that the low fee is too much of an incentive. Mr. Smith stated that wholesale cost of a tree was discussed; however, feedback from various boards and people speaking regarding the proposed Ordinance resulted in reducing the fees; that the attempt is to assure affordability for developers to continue to develop. Mayor Palmer stated that including the fee schedule in proposed Ordinance No. 02-4401 is questioned; that a schedule is required as fees will continually change requiring an amendment to any adopted ordinance; that a schedule should be prepared referring to the fees; that a determination should be made that costs are reasonable; that amending an ordinance each time fees or costs increase is a concern. Vice Mayor Martin stated that an easy standard is the fee should be the current wholesale cost of the tree. Mr. Litchet stated that a schedule can be incorporated into a resolution which is easier to amend; that speaking on behalf of the required balancing, the objective is to replace as many replacement trees on the site as the site will accommodate; that funds for trees which will not fit on the site can be contributed to the Tree Replacement Fund; that the cost of development is a concern; that Staff recommends balancing and observing for one yeari that some unhappiness from the development community will be heard; that negatively impacting development is not desired. Vice Mayor Martin stated that a developer cannot elect to pay into the Tree Replacement Fund in lieu of planting trees if the trees can be planted on site. Mr. Litchet agreed. BOOK 54 Page 25914 07/21/03 2:30 P.M. BOOK 54 Page 25915 07/21/03 2:30 P.M. Mr. Smith stated that economies can be realized if larger trees than required for compliance with various codes are planted sO the larger trees can also be used for mitigation of replacement trees. Commissioner Servian stated that the Tree Replacement Fund fees are very low; however, maintaining a balance to replace and mitigate with future development is important; that the cost of development in the City should not become prohibitive; that replacing as many trees as possible on site is the best mitigation possible. Mayor Palmer asked if the fees can be reflected in an addendum rather than an ordinance to allow more ease in changing the fee structure? Attorney Schenk stated that the fees can be approved by adoption of a resolution. Mayor Palmer asked if the fees could be incorporated in a resolution rather than an ordinance? Attorney Schenk stated yes. Commissioner Bilyeu asked the reason the fees are not compared to the cost of replacement trees as indicated in Section VII-322(b) of proposed Ordinance No. 02-4401; and asked if a 24-inch tree must be replaced with approximately five 5-inch trees? Mr. Smith stated that the replacement requirement is two for one; that two 5-inch trees are required; that two 5-inch trees mitigate a 24-inch tree. Mayor Palmer asked for clarification. Commissioner Servian stated that two to one mitigation replacement is in the number of trees rather than the size. Commissioner Bilyeu stated that a 24-inch tree can be replaced by two 5-inch trees; that two 5-inch trees will not cost $600. Mr. Smith stated that 5-inch trees cost approximately $1,800. Mr. Litchet stated that Section VII-325, Penalty For Non- Compliance, of proposed Ordinance No. 02-4401, has been substantially changed; that Staff suggests a maximum fine of $225 per each inch of Diameter Breast Height of tree removed, if the tree is not a Grand Tree; that permit fees will be tripled if the illegally removed tree is a Grand Tree; that the words "shall be" are intentionally used as recommended by the Parks, Recreation, and Environmental Protection Advisory Board; that the fine of $225 for each inch Diameter Breast Height removed is mandatory; that flexibility can be allowed if a homeowner removes a tree without a permit not having knowledge of requirements; that Mayor Palmer suggested adding language regarding the replacement of a Grand Tree at the same location; that the issue was discussed; that agreement was reached to allow close proximity; that a suggestion was also made to triple the permit fees if a Grand Tree is removed, in the same manner as other trees; that the regulation will indicate clearly a triple permit fee will be imposed for either scenario. Mayor Palmer stated that the language will reflect the replacement tree may be installed in close proximity. Mr. Litchet stated that Staff will have more flexibility with granting variances; that mitigation for any trees as required by Section VII-322 of proposed Ordinance No. 02-4401 remains a requirement even if a variance is granted to an applicant; that mitigation for other trees is required even if relief not to replace a certain tree is provided; that the language in proposed Ordinance No. 02-4401 will be clarified to indicate the mitigation requirement. Commissioner Servian stated that changing the language will provide all other items are applicable even if a variance is received. Mr. Litchet stated that is correct. Mr. Litchet stated that once adopted on second reading, proposed Ordinance No. 02-4401 will apply to any projects which have not received final sign-offs by the Development Review Committee; that the projects which have current sign-off by the Development Review Committee will be vested under the existing Tree Protection Ordinance; however, the suggestion is any new projects or projects in the process of being filed are subject to the new regulations; that the attempt is to avoid negatively impacting developers with projects currently in the filing and application process; that Staff has heard valid concerns regarding the timing; that significant time is expended by Staff working up to a developer's preliminarily filing a site plan; that Staff visits sites with developers to make suggestions to conform with current regulations; that Staff has attempted to clarify the requirements of proposed Ordinance No. 02-4401; that a policy decision by the BOOK 54 Page 25916 07/21/03 2:30 P.M. BOOK 54 Page 25917 07/21/03 2:30 P.M. Commission for the effective date of proposed Ordinance No. 02- 4401 is required. Vice Mayor Martin stated that Staff recommends proposed Ordinance No. 02-4401 becomes effective upon adoption at second reading. Mr. Litchet stated that is correct; however, any project having final sign-off by the Development Review Committee will not be affected. Mayor Palmer stated that a project has been filed and has not gone through the sign-off process by the Development Review Committee will be regulated by proposed Ordinance No. 02-4401. Mr. Litchet stated that is correct; that Staff requested an exemption from fees for projects approved in the City's Capital Improvement Program (CIP); that an exemption from any of the rules is not being requested; however, significant time is expended transferring funds between departments to cover some of the permit fees in the CIP process; that exempting CIP projects may be advisable and help some projects. Vice Mayor Martin stated that an exhibit indicating a tree protective barrier requirement should be provided for the benefit of the public; that seeing the barriers installed and subsequently removed and heavy equipment parking under the shade of the tree is disturbing; that removing a barrier and heavy equipment under the canopy of a tree is an enforcement issue; that Staff should be more aware of the issue. Vice Mayor Martin continued that a debate is the standard of a 50 percent drip line is not sufficient to protect trees; that compaction is a problem; that Sarasota County's ordinance protecting Grand Trees specifies the 100 percent rule; the City should consider the 100 percent drip line rule for Grand Trees Mr. Smith stated that the larger the drip line, the better; that compaction affects the root system; that the top 18 inches contains the root system and is out to the drip line. Mayor Palmer asked the recommendation for the drip line? Mr. Smith stated that half the canopy of a Grand Tree could be 30 to 40 feet; that handwork can be performed within the drip line; that the recommended drip line is 50 percent. Vice Mayor Martin stated that Sarasota County requires a 100 percent drip line for Grand Trees which was heavily debated. Mr. Smith stated that a 100 percent drip line may prohibit development on many sites. Vice Mayor Martin stated that the City is a different entity than the County in redevelopment. The following person came before the Commission: Joel Freedman, AICP, President, Freedman Consulting Group, stated that generally speaking, Staff has done a good job of balancing regulations and development; that redeveloping the City is desired; however, protecting trees is also desired; that the Transition Rules in proposed Ordinance No. 02-4401 are different than any other process the City has ever adopted; that any project which has been formally filed should be grandfathered in to the existing Tree Protection Ordinance; that an immediate run of filings will not occur; that Staff is extensively consulted; that Staff is invited to visit sites with a landscape architect prior to filing; that a landscape architect is employed at the beginning of projects; that saving the trees is the intention; that the attempt is to adjust site plans and work with the proposed Ordinance; that the proposed Ordinance codifies Staff's past recommendations; that considering grandfathering any project submitted under the existing process is requested. Vice Mayor Martin stated that the request is understood; and asked if developments presently submitted already consider the requirements of proposed Ordinance No. 02-4401? Mr. Freedman stated yesi stated that in some cases a tree may have been removed which under proposed Ordinance No. 02-4401 might require extensive costs or mitigation; that fees or replacements are not a part of the existing Tree Protection Ordinance; that for example, the project at US 41 and Tenth Street will have replacement trees; however, smaller projects are a concern. Vice Mayor Martin asked if the request for the effective date of proposed Ordinance No. 02-4401 is as of today or as of second reading? BOOK 54 Page 25918 07/21/03 2:30 P.M. BOOK 54 Page 25919 07/21/03 2:30 P.M. Mr. Freedman stated that the request is to establish an effective date of today, July 21, 2003. Mayor Palmer stated referred to a letter from the past Chair of the Charlotte Tree Commission, concerning Charlotte County's ordinance which has been forwarded to the City Attorney's Office for consideration; and asked the number of filings which may be affected if the Transitional Rules are made effective as of July 21, 2003. Mr. Litchet stated that the Commission can adopt any specific date desired; that requiring a project which has been filed to adhere to regulations which did not exist at the time of filing raises a fairness issue; that the belief is few projects will be dramatically impacted; however, a policy choice is if to require previous filings to adhere to regulations of proposed Ordinance No. 02-4401; that Staff has informed many developers the proposed Ordinance may apply to previous filings; that the City Manager has a concern with an effective date of July 21, 2003. City Manager McNees stated that referencing July 21, 2003, as the effective date is a concern as proposed Ordinance No. 02-4401 is not adopted; that further changes will be made to the proposed Ordinance; that a rush of filing applications in advance of the effective date of the proposed Ordinance is not likely; that the effective date should be as of second reading of the proposed Ordinance. Mayor Palmer stated that second reading will be at the August 4, 2003, Regular Commission meeting. Commissioner Servian stated that adopting proposed Ordinance No. 02-4401 on second reading would be similar to the adoption of the ordinance concerning mega houses; and asked if projects already submitted would come under the existing regulations and the new regulations would apply upon adoption? Mr. Litchet stated yes. Commissioner Servian stated that consistency with previous actions should be considered. Attorney Schenk stated that a provision in the ordinance concerning mega houses required the building permit to be issued within six months of filing; that proposed Ordinance No. 02-4401 can require the pending application be advertised before the PBLP within six months of August 4, 2003, to proceed in good faith. Mr. Litchet stated that the building permit requirement will indicate a serious intent. Mayor Palmer stated that hearing no objections, the Commission's consensus is to make the Transitional Rules appropriate and consistent with the. ordinance concerning mega houses. Mayor Palmer stated that seven changes have been identified as follows: 1. Section II-201, Definitions 2. Section VII-311, Prohibited Trees 3. Section VII-322, Permit Conditions 4. Section VII-324 (A), Tree Removal Permit Fee 5. Section VII-324(B), Replacement Tree Fund 6. Section VII-325, Penalty for Non-Compliance 7. Section III-201, Transitional Rules There was no one else signed up to speak and Mayor Palmer closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 02-4401 by title only. On motion of Commissioner Servian and second of Vice Mayor Martin it was moved to pass proposed Ordinance 02-4401 on first reading subject to recommended changes. Commissioner Servian thanked Staff and the City Attorney's Office; and stated that the work on the regulations concerning trees is outstanding; that many people are looking forward to the adoption of the proposed Ordinance. Vice Mayor Martin acknowledged Millie Small present in the Chambers audience; and stated that Ms. Small continues to work with the Parks, Recreation, and Environmental Protection Advisory Board; that he was appointed to the Parks, Recreation, and Environmental Protection Advisory Board in 1993; that formulating an acceptable ordinance has been attempted for many years; that proposed Ordinance No. 02-4401 is a great step which addresses the many issues presented over the years; that significant discussion between the Parks, Recreation, and Environmental Protection Advisory Board and the PBLP have occurred; that the proposed BOOK 54 Page 25920 07/21/03 2:30 P.M. BOOK 54 Page 25921 07/21/03 2:30 P.M. Ordinance is a beginning; that not protecting certain pines is a personal difficulty; that the pine flatwoods of Florida cover 50 percent of the State which is more of a native habitat than Live Oaks; that the pine forests do not have open understories; that pine forests are home to cardinals; that the pine forests are a great wildlife environment with the production of pinecones, etc.; that the County has undertaken protection of more than a dozen species; that the beginning is good. Vice Mayor Martin continued that other opportunities are available to fund the Tree Replacement Fund; that the amount of funds raised from citations and fines over the past two years is of interest; that only 14 to 25 fines over the past two years would not generate significant funds; that any funding source is important; that the Tree Replacement Fund might be a means to fund arborists which is an imperative in the City; that Staff contracts with arborists since the arborist employed by the City left the City's employ; that Mr. Smith has performed significant work pro bono; that Mr. Smith's skill is admired and appreciated; that the Tree Replacement Fund could be used to fund some of the required removal of invasive prohibited species; that providing the same tree canopy on affordable housing sites as others sites is important; that finally adopting a tree ordinance is a source of pride. Mayor Palmer stated that the Commission has provided direction to Staff regarding the affordable housing issue; that replacement trees could be funded by the Tree Replacement Fund if the standards are unaffordable; that the use of SHIP funds or Community Development Block Grant funds may be appropriate; that Staff should be consulted regarding sources for funds. Vice Mayor Martin stated that funds from the Streetscape Program may be a source of funding; that ensuring sufficient funds exist is necessary. Commissioner Servian stated that everyone deserves a good tree canopy. Mayor Palmer agreed; and stated that alternative standards will apply if sufficient funds are not available in the Tree Replacement Fund; that the understanding is sources of funding will be identified in the revised ordinance the Commission will adopt at the August 4, 2003, Regular Commission meeting. Vice Mayor Martin stated that ensuring funds are available will provide personal comfort. Mayor Palmer stated that fining a significant number of people is not desired; that the Commission is proud of the proposed Ordinance; that the proposed Ordinance has been a long time in the making and now will become reality. Mayor Palmer called for a vote on the motion and requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Bilyeu, yes; Martin, yes; Servian, yesi Palmer, yes; Atkins, yes. City Auditor and Clerk Robinson read proposed Ordinance No. 03-4453 by title only. On motion of Commissioner Servian and second of Commissioner Bilyeu, it was moved to pass proposed Ordinance No. 03-4453 on first reading. Mayor Palmer requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Martin, yesi Palmer, yesi Servian, yes; Atkins, yesi Bilyeu, yes. The Commission recessed at 8:10 p.m. and reconvened at 8:20 p.m. 16. NON QUASI-JUDICIAL PUBLIC HEARING RE : PROPOSED ORDINANCE NO. 03-4443, AMENDING THE FUTURE LAND USE CHAPTER OF THE COMPREHENSIVE PLAN OF THE CITY OF SARASOTA [A/K/A THE SARASOTA CITY PLAN (1998)1 TO ALLOW SECONDARY SCHOOLS ON PROPERTIES CLASSIFIED ON THE FUTURE LAND USE MAP AS "MULTIPLE FAMILY- -MODERATE DENSITY," "MULTIPLE FAMILY-MEDIUM DENSITY" AND "MULTIPLE FAMILY-HIGH DENSITY" IN ACCORDANCE WITH COMPREHENSIVE PLAN AMENDMENT APPLICATION NO. 02-PA-09 AS MORE FULLY SPECIFIED HEREIN; REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF; ETC. (TITLE ONLY) (APPLICATION NO. 02-PA-09, CITY OF SARASOTA) - PASSED ON FIRST READING (AGENDA ITEM X-A-3) AND 17. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 03-4444, AMENDING THE RECREATION AND OPEN SPACE CHAPTER OF THE COMPREHENSIVE PLAN OF THE CITY OF SARASOTA IA/K/A THE SARASOTA CITY PLAN (1998)1 TO DELETE ACTION STRATEGIES 1.2 BOOK 54 Page 25922 07/21/03 2:30 P.M. BOOK 54 Page 25923 07/21/03 2:30 P.M. AND 1.4 AND TO ADD A NEW OBJECTIVE NO. 6 WITH TEN NEW IMPLEMENTING ACTION STRATEGIES PROVIDING THAT THE CITY SHALL DEVELOP, MAINTAIN, AND IMPROVE UPON ITS RECREATIONAL SYSTEM OF PARKS, TRAILS AND OPEN SPACES BY IMPLEMENTING THE PARKS + CONNECTIVITY MASTER PLAN; TO ADD A NEW MAP TO BE IDENTIFIED AS ILLUSTRATION R-6, PARKS + CONNECTIVITY MASTER PLAN; TO REVISE ACTION STRATEGY 1.5 TO REFLECT THE COMPLETION OF THE GULF COAST HERITAGE TRAIL SYSTEM AND TO EXPRESS SUPPORT FOR ITS CONTINUATION, TO ADD A NEW MAP DELINEATING THE GULF COAST HERITAGE TRAIL SYSTEM TO THE RECREATION AND OPEN SPACE SUPPORT DOCUMENT TO BE IDENTIFIED AS ILLUSTRATION R-7; IN ACCORDANCE WITH CITY INITIATED COMPREHENSIVE PLAN AMENDMENT APPLICATION NO. 02- PA-05 AS MORE FULLY SPECIFIED HEREIN; REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF; ETC. (TITLE ONLY) (APPLICATION NO. 02-PA-05, CITY OF SARASOTA) = PASSED ON FIRST READING (AGENDA ITEM X-A-4) AND 18. NON QUASI-JUDICIAL PUBLIC HEARING RE: : PROPOSED ORDINANCE NO. 03-4445, AMENDING THE FUTURE LAND USE CHAPTER OF THE COMPREHENSIVE PLAN OF THE CITY OF SARASOTA [A/K/A THE SARASOTA CITY PLAN (1998)1 TO UPDATE THE LIST OF IMPLEMENTING ZONE DISTRICTS FOR EACH OF THE FUTURE LAND USE CLASSIFICATIONS TO REFLECT THE NEW ZONE DISTRICTS THAT WERE ADOPTED BY ORDINANCE NO. 02-4357 IN ACCORDANCE WITH CITY INITIATED COMPREHENSIVE PLAN AMENDMENT APPLICATION NO. 02- PA-06 AS MORE FULLY SPECIFIED HEREIN; REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF; ETC. (TITLE ONLY) (APPLICATION NO. 02-PA-06, CITY OF SARASOTA) = PASSED ON FIRST READING (AGENDA ITEM X-A-5) AND 19. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 03-4446, AMENDING THE FUTURE LAND USE AND HOUSING CHAPTERS OF THE COMPREHENSIVE PLAN OF THE CITY OF SARASOTA IA/K/A THE SARASOTA CITY PLAN (1998)1 TO DELETE ACTION STRATEGIES PROVIDING FOR THE PREPARATION OF OPTIONAL PUBLIC SAFETY AND DESIGN CHAPTERS IN ACCORDANCE WITH CITY INITIATED COMPREHENSIVE PLAN AMENDMENT APPLICATION NO. 02- PA-07 AS MORE FULLY SPECIFIED HEREIN; REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF; ETC. (TITLE ONLY) (APPLICATION NO. 02-PA-07, CITY OF SARASOTA) = PASSED ON FIRST READING (AGENDA ITEM X-A-6) AND 20. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 03-4447, AMENDING THE ENVIRONMENTAL PROTECTION CHAPTER OF THE COMPREHENSIVE PLAN OF THE CITY OF SARASOTA [A/K/A THE SARASOTA CITY PLAN (1998)1 TO REVISE ACTION STRATEGY 3.4, "SHORELINE PEDESTRIAN ACCESS" AND ACTION STRATEGY 3.2, " SHORELINES;" AND ALSO AMENDING THE RECREATION AND OPEN SPACE CHAPTER OF THE COMPREHENSIVE PLAN TO REVISE ACTION STRATEGY 1.7, "GULF AND BAY ACCESS IN NON-RESIDENTIAL DEVELOPMENT" IN ACCORDANCE WITH CITY INITIATED COMPREHENSIVE PLAN AMENDMENT APPLICATION NO. 02-PA-08 AS MORE FULLY SPECIFIED HEREIN; REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF; ETC. (TITLE ONLY) (APPLICATION NO. 02-PA-08, CITY OF SARASOTA) = PASSED ON FIRST READING (AGENDA ITEM X-A-7) AND 21. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 03-4449, AMENDING THE FUTURE LAND USE CHAPTER OF THE COMPREHENSIVE PLAN OF THE CITY OF SARASOTA IA/K/A THE SARASOTA CITY PLAN (1998)1 TO CREATE THE DOWNTOWN RESIDENTIAL OVERLAY DISTRICT WHICH WILL ALLOW POTENTIAL DWELLING UNIT DENSITY INCREASES OF UP TO 200 UNITS PER ACRE FOR RESIDENTIAL MULTI- FAMILY DEVELOPMENTS WITHIN THE OVERLAY DISTRICT WHILE RETAINING A MAXIMUM DWELLING UNIT DENSITY OF 50 UNITS PER ACRE FOR THE ENTIRE OVERLAY DISTRICT IN ACCORDANCE WITH CITY INITIATED COMPREHENSIVE PLAN AMENDMENT APPLICATION NO. 02-PA-11 AS MORE FULLY SPECIFIED HEREIN; REPEALING ORDINANCES IN CONFLICTI PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF; ETC. (TITLE ONLY) (APPLICATION NO. 02-PA-11, CITY OF SARASOTA) PASSED ON FIRST READING (AGENDA ITEM X-A-8) AND BOOK 54 Page 25924 07/21/03 2:30 P.M. BOOK 54 Page 25925 07/21/03 2:30 P.M. 22. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 03-4451, AMENDING THE FUTURE LAND USE CHAPTER OF THE COMPREHENSIVE PLAN OF THE CITY OF SARASOTA (A/K/A THE SARASOTA CITY PLAN [1998]) TO CHANGE THE FUTURE LAND USE CLASSIFICATION OF A 0.80* ACRE PARCEL OF VACANT PROPERTY LOCATED ON THE WEST SIDE OF DEARBORN AVENUE AND HAVING A STREET ADDRESS OF 3924, 3928, 3936 AND 3944 DEARBORN AVENUE FROM THE SARASOTA COUNTY FUTURE LAND USE MAP CLASSIFICATION "MEDIUM DENSITY RESIDENTIAL" TO THE CITY OF SARASOTA "COMMUNITY COMMERCIAL" FUTURE LAND USE CLASSIFICATION IN ACCORDANCE WITH COMPREHENSIVE PLAN AMENDMENT APPLICATION NO. 02-PA-04; REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF; ETC. (TITLE ONLY) (APPLICATION NO. 02-PA-04, CITY OF SARASOTA) = PASSED ON FIRST READING (AGENDA ITEM X-A-9) CD 8:20 through 8:41 Mayor Palmer stated that the public hearings concerning Agenda Items X-A-3 through -10 will be consolidated; that separate votes will be taken on the proposed Ordinances; that the items are related to amending the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan); that the proposal recommendation includes proposed Ordinance Nos. 03-4443, 03-4444, 03-4445, 03-4446, 03- 4447, 03-4449, 03-4451, and 03-4452. Mayor Palmer opened the public hearing. David Smith, AICP, Senior Planner II, and Allen Parsons Jr., AICP, Senior Planner, Planning Department, came before the Commission. Mr. Smith stated that in March 2003, the Commission approved transmittal of the proposed Ordinances to the Florida Department of Community Affairs (DCA) for review and comment; that the DCA responded in June 2003 with no objections regarding the proposed Ordinances; that Application No. 02-PA-09 as incorporated in proposed Ordinance No. 03-4443 is a privately-initiated amendment proposal to allow secondary schools as a secondary use in each of the Multiple Family Future Land Use Map Classifications; that the proposal will allow secondary schools as a Planned Secondary Use in the Medium Density land use classification; that Staff is also suggesting secondary schools be allowed in the Multiple Family Moderate and High Density land use classifications. Mr. Smith continued that proposed Ordinance No. 03-4444 is to revise the text and maps of the Recreation and Open Space Chapter of the City's Comprehensive Plan to acknowledge the recently adopted Parks + Connectivity Master Plan and to demonstrate the City's continued support of the Gulf Coast Heritage Trail System. Mr. Smith referred to Proposed Revisions, Analysis, and Recommendation, Goal, Objectives and Action Strategies, Objective 1, A System Consistent with the Needs of the Population, from the City's Comprehensive Plan included in the Agenda backup material and stated that Action Strategies 1.2 and 1.4 are deleted; that a new Objective 6 consisting of ten Action Strategies is added; that Action Strategy 1.5 is revised. Mr. Smith further stated that proposed Ordinance No. 03-4445 is to update the implementing Zoning District for each of the Future Land Use Map Classifications to reflect the new districts approved by the Commission in April 2002. Mr. Smith stated further that proposed Ordinance No. 03-4446 would delete the requirement to incorporate optional Public Safety and Design chapters into the City's Comprehensive Plan; that the Agenda Request indicates the Planning Board/Local Planning Agency recommended adoption which is a misstatement; that the Planning Board/Local Planning Agency recommended denial; that the Commission removed the requirement for a Barrier Island Chapter in the City's Comprehensive Plan in March 2003 which generated significant discussion. Mr. Smith stated that proposed Ordinance No. 03-4447 provides Action Strategies related to pedestrian access to and along shorelines and performance standards for shoreline development; that proposed Ordinance No. 03-4449 is a privately-initiated text and Future Land Use Map series amendment; that proposed Ordinance No. 03-4449 proposes to include an area of +46.8 acres bounded by Fruitville Road to the north, Orange Avenue to the east, Ringling Boulevard to the southeast, Palm and Gulf Stream Avenues to the southwest, and Cocoanut Avenue to the west; that the Application is to allow for the potential density increase from a maximum of 50 dwelling units per acre to 200 dwelling units; that proposed Ordinance No. 03-4449 will require the average residential density not exceed 50 dwelling units per acre, resulting in a maximum build-out of 2,340 dwelling units; that currently 17 dwelling BOOK 54 Page 25926 07/21/03 2:30 P.M. BOOK 54 Page 25927 07/21/03 2:30 P.M. units exist on the property; that in March 2003, the Commission approved extending the area to Gulf Stream Avenue along Main Street. Mr. Parsons stated that proposed Ordinance No. 03-4451 is a privately-initiated request to change the Future Land Use Classification of four parcels along the west side of Dearborn Avenue from Sarasota County Future Land Use Classification of Medium Density Residential to the Community Commercial Future Land Use Classification; that proposed Ordinance No. 03-4451 was transmitted to the Florida Department of Community Affairs for review and comment; that the Florida Department of Community Affairs issued no objections or comments; that at the March 17, 2003, Regular Commission meeting, the Commission approved the annexation of the four parcels; that Staff recommends approval of proposed Ordinance No. 03-4451. Mr. Smith stated that proposed Ordinance No. 03-4452 is a privately-initiated request to amend a Future Land Use Map Classification for a t.49 acre site located at the northwest intersection of Cocoanut Avenue and Tenth Street; that AMC Properties, LLC, and the Cecil R. Whipple Trust are seeking to change the land use from Community Office/Institutional Future Land Use Classification to the Community Commercial Future Land Use Classification in order to relocate the Broadway Bar to the site in conjunction with the development of a mixed-use project; that a number of components in the City's Comprehensive Plan indicate proposed Ordinance No. 03-4452 will provide a public benefit; however, some components indicate a detriment to the public interest; that the balance of proposed Ordinance No. 03-4452 is in the public interest; that Staff recommends approval of proposed Ordinance No. 03-4452. Mayor Palmer referred to Section 2.15, Action Strategy, Downtown Residential Overlay District, City's Comprehensive Plan as follows: . Criteria for approval shall be incorporated into the City's land development regulations. Mayor Palmer stated that a discussion occurred with the owner of the property, Christopher J. Brown, Sarasota Main Street, LLC, regarding the requirement for a provision of moderate cost housing as a benefit for the increase in density; that the possibility of transit impact fees was discussed as concurrency issues regarding the density will exist; that Mr. Brown indicated discussion with the City can occur: and asked if providing moderate housing and addressing concurrency can be incorporated as the land development regulations are developed for the increase in density in the Downtown? Mr. Smith stated yes; that in March 2003, the Commission requested the language regarding the Action Strategy to be included in proposed Ordinance No. 03-4449. Mayor Palmer stated that moderate housing and transit issues are a concern. There was no one signed up to speak and Mayor Palmer closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 03-4443 by title only. On motion of Commissioner Servian and second of Commissioner Bilyeu, it was moved to pass proposed Ordinance No. 03-4443 on first reading. Mayor Palmer requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Palmer, yes; Servian, yes; Atkins, yes; Bilyeu, yes; Martin, yes. City Auditor and Clerk Robinson read proposed Ordinance No. 03-4444 by title only. On motion of Commissioner Bilyeu and second of Vice Mayor Martin, it was moved to pass proposed Ordinance No. 03-4444 on first reading. Mayor Palmer requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Servian, yes; Atkins, yes; Bilyeu, yes; Martin, yes; Palmer, yes. City Auditor and Clerk Robinson read proposed Ordinance No. 03-4445 by title only. On motion of Vice Mayor Martin and second of Commissioner Servian, it was moved to pass proposed Ordinance No. 03-4445 on first reading. BOOK 54 Page 25928 07/21/03 2:30 P.M. BOOK 54 Page 25929 07/21/03 2:30 P.M. Mayor Palmer requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Martin, yes; Palmer, yesi Servian, yes. City Auditor and Clerk Robinson read proposed Ordinance No. 03-4446 by title only. On motion of Commissioner Atkins and second of Vice Mayor Martin, it was moved to pass proposed Ordinance No. 03-4446 on first reading. Mayor Palmer requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Bilyeu, yes; Martin, yes; Palmer, yes; Servian, yes; Atkins, yes. City Auditor and Clerk Robinson read proposed Ordinance No. 03-4447 by title only. On motion of Commissioner Servian and second of Vice Mayor Martin, it was moved to pass proposed Ordinance No. 03-4447 on first reading. Mayor Palmer requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Servian, yes; Atkins, yes; Bilyeu, yes. City Auditor and Clerk Robinson read proposed Ordinance No. 03-4449 by title only. On motion of Commissioner Bilyeu and second of Commissioner Servian, it was moved to pass proposed Ordinance No. 03-4449 on first reading. Mayor Palmer requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Palmer, yes; Servian, yes; Atkins, yes; Bilyeu, yes; Martin, yes. City Auditor and Clerk Robinson read proposed Ordinance No. 03-4451 by title only. On motion of Vice Mayor Martin and second of Commissioner Servian, it was moved to pass proposed Ordinance No. 03-4451 on first reading. Mayor Palmer requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Servian, yes; Atkins, yes; Bilyeu, yesi Martin, yes; Palmer, yes. City Auditor and Clerk Robinson read proposed Ordinance No. 03-4452 by title only. On motion of Commissioner Atkins and second of Commissioner Servian, it was moved to pass proposed Ordinance No. 03-4452 on first reading. Mayor Palmer requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Martin, yes; Palmer, yesi Servian, yes. 23. CITIZENS' INPUT CONCERNING CITY TOPICS CD 8:41 There was no one signed up to speak. 24. NEW BUSINESS: APPROVAL RE: THE HOUSING AUTHORITY'S REQUEST FOR THE CITY OF SARASOTA TO FUND THE COST OF THE HOPE VI REVITALIZATION GRANT APPLICATION IN THE AMOUNT OF $12,384.09 = APPROVED (AGENDA ITEM XIII) CD 8:41 through 8:50 City Manager McNees stated that annually the Sarasota Housing Authority makes a payment in lieu of taxes to the City for properties not subject to property tax to cover City services; that the Sarasota Housing Authority requested $12,384.09 be given back to apply to the fees related to the HOPE (Housing Opportunities for People Everywhere) VI grant application. Vice Mayor Martin asked the cost of application for the HOPE VI Grant? Rudy Vazmina, Executive Director, Sarasota Housing Authority, came before the Commission and stated that the Sarasota Housing Authority hired consultants regarding a master revitalization plan BOOK 54 Page 25930 07/21/03 2:30 P.M. BOOK 54 Page 25931 07/21/03 2:30 P.M. for all of the public housing properties in inventory; that part of the master revitalization suggested by the consultants is the HOPE VI Grant revitalization application. Commissioner Servian asked if the cost of the application is approximately $100,000. Mr. Vazmina stated that the cost of the application is $240,000. Ed James, P.O. Box 160 (34230), came before the Commission and stated that the time has come for the community to address the real politic behind the rhetoric; that no matter how intellectually inviting, the bar must be raised on quality affordable housing for the residents of the Janie Poe housing complex and the redevelopment of the surrounding Newtown community which demands a practical algorithm of the surroundings, mirroring the idea Sarasota cannot and will not become the Sarasota desired to present to the outside world until decent, safe, and affordable housing exists for all; that the HOPE VI Grant offers the tenants of the Janie Poe public housing complex and the Newtown community the best and possibly the last chance opportunity for redevelopment of the area; that speaking in support of the Sarasota Housing Authority, requests for financial support for the HOPE VI Grant application should be no surprise; that the efforts of Katherine Harris, US House of Representatives, 13th Congressional District, and of farsighted community visionaries who are working in support of the HOPE VI Grant collectively represent the community's best chance to address a generation of problems; that the notion of entitlement alone as a method to change is wrong; that opportunities must be sought and seized; that further opportunities should not be missed; that the Sarasota Housing Authority will not have the funds necessary to repair and make livable the current housing stock without the HOPE VI Grant; that continuing as in the past is no more useful than divesting worldly goods for life in a monastery or giving cash to winos in the street to assuage the collective conscience; that the discussion of continuing Band-Aid repairs is a philosophical exercise and nothing more; that safe, clean, and affordable housing in Sarasota is not an abstract concept but rather a political manageable standard premised on clear objectives and defined sunset; that leveling the playing field for the residents of the Janie Poe public housing complex and all the other public housing properties requires far-reaching thought as well as coolly and calmly considering the socio-political chaos, bedlam, and turmoil invariably accompanying righteous black concerns along with self-serving accusations of racism and gentrification; that public housing residents are being intentionally misled into thinking the quest for clean, decent housing is somehow tied to keeping the area of the Janie Poe public housing complex poor, mostly black, and filled with single parent homes which is a lie promulgated by people who would have public housing tenants believe they must continue to live on the reservation in unsanitary and unhealthy conditions; that the Sarasota Housing Authority has a legal and moral obligation for developing a plan to ensure current tenants will be relocated to safe, clean, and affordable housing; that to continue to support the position the current residents of the Janie Poe public housing complex can only live at the current site in third world conditions and not have the opportunity to make choices as all other citizens can is not only irresponsible but un-American; that a disproportionate number of residents of the Janie Poe public housing complex are minorities; that in general, minorities are being misled into thinking civil rights aims are separate and distinguishable from economic rights; that in America, economic self interest is translatable into power then parodyi that the struggle for quality housing cannot be disconnected from the notion of full citizenship implying the latter subsume the former; that urban poverty at the Janie Poe public housing complex is largely responsible for racial isolation and an isolated community; that the context of the betterment of housing is a separate track from the struggle of economic parody; that the residents of the Janie Poe public housing complex are being kept on the plantation with the raw sewage, mold, rodents, and vermin and believe they will not be welcome or able to afford to live in a new and improved community; that assisting the residents to understand to do the same thing but expect different results is required; that to attempt to repair the current housing stock under the best of circumstances only nibbles at the edges; that now is time to replace the aging City albatross and integrate the community with decent, livable, and affordable housing; that the Sarasota Housing Authority and the Commission should grant the request. Mayor Palmer asked the Administration's recommendation? City Manager McNees stated that Administration does not have a recommendation as granting the request is at the Commission's discretion. On motion of Commissioner Servian and second of Commissioner Bilyeu, it was moved to approve funding the cost of the HOPE BOOK 54 Page 25932 07/21/03 2:30 P.M. BOOK 54 Page 25933 07/21/03 2:30 P.M. (Housing Opportunities for People Everywhere) VI Revitalization Grant Application in the amount of $12,384.09. Commissioner Servian stated that the time is long past to move forward on the HOPE VI application; that the hope is the current time will be the right time. Commissioner Bilyeu stated that the $240,000 would build significant affordable housing; that spending money to get money is disappointing. Mayor Palmer stated that the Commission is supportive of the HOPE VI Grant and working hard to obtain the grant; thanked the community for supporting the Sarasota Housing Authority; that the Commission will assist with the Sarasota Housing Authority and Congresswoman Harris and everyone involved; that the current HOPE VI Grant application may be the last chance. Mayor Palmer called for a vote on the motion to approve funding the cost of the Hope (Housing Opportunities for People Everywhere) VI Revitalization Grant Application in the amount of $12,384.09. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Martin, yes; Servian, yes; Palmer, yes. 25. COMMISSION BOARD AND COMMITTEE REPORTS (AGENDA ITEM XIV) CD 8:45 through 8:53 COMMISSIONER ATKINS: A. stated that his work continues with the Enterprise Zone Development Agency (EZDA) Advisory Committee; that a request for a list of anticipated needs in the Enterprise Zone area was received from Donna Clarke, House of Representatives, District 69; that some confusion concerning coordination of the request resulted; that the process is a concern; that as the Chair of the EZDA Advisory Committee, he requested the coordinator of the EZDA Advisory Committee to compile the information for the State Representative; and asked for clarification regarding the process for requests for information. City Manager McNees stated that passing along the request from the State Representative is not considered a concern. Commissioner Atkins stated that the EZDA Advisory Committee is considering many issues; that apparently, a report was made concerning his request on behalf of the State Representative; that the issue of requesting information is also a concern related to other City departments; however, remarks will be confined to Board Reports at this time. B. stated that the Board of Directors of the Sarasota Housing Authority is doing well; that Katherine Harris, US House of Representatives, 13th Congressional District, has been diligently working with the Sarasota Housing Authority concerning the HOPE (Housing Opportunities for People Everywhere) VI Grant; that representatives of the community as well as community organizations are encouraged to begin developing the level of anticipated financial commitment which can be used as leverage funds for the HOPE VI Grant application; that everyone is encouraged to make a commi tment; that everyone's support is vitally important; that the community should be prepared to support the HOPE VI Grant application; that community organizations should develop definite financial commitments for inclusion in the HOPE VI Grant application; that the Commission's support of the HOPE VI Grant application is appreciated; that the process for the HOPE VI Grant application should be monitored and continued support offered. Mayor Palmer stated that the week of July 14, 2003, she and the City Manager attended a meeting concerning the HOPE VI Grant application with County and other officials and requested that the City Manager provide an overview of the discussion at the meeting. City Manager McNees stated that the meeting was a brainstorming session; that the HOPE VI consultant hired by the Sarasota Housing Authority worked with City and County Staffs to identify the items already in place and items which could be put in place to satisfy the local fund matching requirement of the HOPE VI Grant application; that the HOPE VI Grant application has four local fund matching categories, which are weighted differently in the evaluation process; that a list of possible items for consideration as local fund matching was developed; that the exercise was beneficial; that developing the list was a starting point and valuable. BOOK 54 Page 25934 07/21/03 2:30 P.M. BOOK 54 Page 25935 07/21/03 2:30 P.M. MAYOR PALMER: A. stated that the loss of hotels and motels in the area was discussed at the recent meeting of the Tourist Development Council (TDC) and is being experienced throughout the County; that the impact of condominiums replacing the hotels and motels was discussed; that statistics from Pinellas County indicate the four percent tax being collected is not significantly different based on the number of condominiums in the area; however, jobs, eating establishments, and various types of local venues frequented by tourists are severely impacted; that more hotels and motels should be developed on US 301; that a recent article in the Sarasota Herald-Tribune correctly indicated the loss of hotels and motels is not just occurring in Sarasota and Manatee Counties but also throughout the State and the Country due, in large measure, to mortgage rates; that more money can be made through investments in condominiums rather than hotels or motels; that hopefully, a balancing will occur; that hotels and motels are being developed in Venice, Florida; that the hope is a motel will soon be developed near the intersection of Beneva and Fruitville Roads; that Clearwater, Florida, is requesting that hotels and motels going out of business provide a list of regular customers to the Sarasota County Visitors Bureau sO customers can be contacted to identify alternative locations in the community; that the problem of the loss of hotels and motels is serious; that no one has an answer. Commissioner Bilyeu stated that many purchasers of condominiums are not using the units as homesteads; therefore, the tax base may be enhanced as people are not using the homestead exemption for tax purposes, resulting in additional tax revenue. B. stated that the next meeting of the Florida League of Cities (FLC) is in Orlando, Florida, in August 2003; that Commissioners are encouraged to consider attending; that applications for various FLC boards are available for any Commissioner interested in serving. 26. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA (AGENDA ITEM XV) CD 8:53 through 9:08 COMMISSIONER ATKINS: A. stated that community people have provided information concerning problems requiring resolution in the Cityi that a question heard frequently is the entity responsible for fixing the problem; and asked the manner in which the problem should be communicated to City Staff? City Manager McNees stated that the question is understood; that two issues are presented; that the first issue concerns communication, which should be as easy as possible; that concerns expressed to Commissioners by constituents should be communicated to City Staff; that a meeting can be held with Commissioner Atkins to determine the details of the method of communication; that each Commissioner may have different requirements; that the second issue concerns Staff direction; that for exampe, a problem will be presented; that Staff is anxious to address the problem; however, a concern arises if Staff indicates Commission direction is being provided; that the same concern arises for the City Manager in communicating with Staff under the various department heads; that Staff is anxious to please; that the question is understood; that he will meet with Commissioner Atkins to work out the details. VICE MAYOR MARTIN: A. stated that the activity at the development at the corner of Fruitville Road and Cocoanut Avenue is pleasing; that the site is being cleared. B. stated that the dedication event at the City's Federal Building was excellent; that the building is beautiful; that the installation of the City logo in the terrazzo floor which was funded by the City's 100th Anniversary Celebration and Public Art Committee funds is excellent; that the dedication event was a good time and a wonderful success. Mayor Palmer stated that the idea for the installation of the City logo came from former Commissioner Mary Quillin; that the entire Commission may not have been initially supportive; however, BOOK 54 Page 25936 07/21/03 2:30 P.M. BOOK 54 Page 25937 07/21/03 2:30 P.M. Commissioner Quillin was correct; that the installation of the City logo is beautiful. COMMISSIONER SERVIAN: A. stated that a July 21, 2003, correspondence was received from the City Attorney's Office indicating In Extremis is closed; that many residents in the El Vernona Condominiums will be pleased; that likely, the Sarasota Police Department as well as the City Attorney's Office will also be pleased; that In Extremis has been a problem; that the criminal activity in the area during the weekends will likely diminish as a result. B. stated that the shooting death which occurred in the Newtown community during the week of July 14, 2003, is a concern and should be addressed; that the press focused on the Commission's budget workshops and seemed to indicate Commission approval of the recommended budget was in some manner related to the shooting; that a response should be provided; that City police officers continue to patrol the area; that the police units assigned the area have not been redirected; that no correlation exists between the shooting death and the decisions concerning the budget; that a manner in which to respond publicly is sought. Commissioner Atkins stated that the shooting death was terrible; that someone should provide the background of the event; that the process the City followed should be understood; that apparently, the City and the County were involved in previous situations involving the same parties; that the reasons the situation could not be diffused prior to reaching the magnitude of the tragic event should be investigated; that a public housing resident communicated concerns and was personally told to call the police; that a question is if a police report was filed and, if SO, the follow up action taken; that the situation could have been avoided if action had been taken in advance. City Manager McNees stated that the point and the goal of community policing is to be aware of potential problems in the community; that the goal and policy of the Sarasota Police Department (SPD) is to be as preventative as possible; that the information SPD has will be obtained and provided; that SPD's first priority after the shooting was to mitigate any further effects and to avoid additional responsesi; that the question regarding the information SPD had in advance is a good one; that the processes must be understood to assure lessons can be learned. City Manager McNees continued that a public response to the information reported by the press is necessary; that the appropriate forum has not yet been determined; that his approach to the budget is straight-forward and open; that his philosophy is to budget reality and to provide the Commission with as much information as possible about the City's financial position and the priority decisions required; that prominent citizens were quoted as indicating the City was engaging in a ploy to trick someone into something, which is not yet understood; that suggesting the Administration or the Police Chief would pull a trick concerning the budget, particularly concerning public safety, is a disservice to the community; that public safety is taken very seriously; that a full and public response must be provided to news articles to the contrary; that the response will be provided shortly. COMMISSIONER BILYEU: A. stated that the process of reviewing the budget for fiscal year (FY) 2003/04 was enlightening; that the Commissioners' and the Administration's leadership is appreciated; that the Staff presentations were good. B. stated that he had a tour of Mote Marine Laboratory and Aquarium on July 21, 2003, which was excellent; that the community has excellent amenities, including boating, the symphony, baseball, etc.; that Sarasota has been his home since 1979; that the last event celebrating the City's 100th Anniversary should be excellent; and displayed a tee-shirt with the phrase "Cherishing the old, living the new.' Commissioner Bilyeu stated that the sesquicentennial events in his home town were attended during his recent vacation; that a number of commemorative items such as the tee-shirt were purchased; that the organizers of the sesquicentennial developed a book for the event featuring 50 years of progress from 1953 to 2003; that the theme of the book is families, local businesses, etc.; that something special should be developed for Sarasota's 100th Anniversary Celebration; that he will volunteer to assist in any way possible for the City's 100th Anniversary Celebration. BOOK 54 Page 25938 07/21/03 2:30 P.M. BOOK 54 Page 25939 07/21/03 2:30 P.M. Mayor Palmer stated that the City has held numerous activities during the past year in celebration of the City's 100th Anniversary. Commissioner Bilyeu stated that the activities and events are recognized; that he has attended many of the activities and events, which have been excellent; however, the suggestion is to develop something special such as a book concerning the City's 100th Anniversary; that preserving the City's history at this important commemoration may be worthwhile. MAYOR PALMER: A. stated that the Administration was requested to provide a status report concerning the opening of the new John Ringling Causeway Bridge. V. Peter Schneider, Deputy City Manager, came before the Commission and stated that the types of activities previously discussed for the grand opening have been expanded; that the grand opening is scheduled for August 30, 2003, at which time the bridge will not actually be open; therefore, the events for the grand opening can span the entire day if desired; that scheduling the fire boat for a water display, developing commemorative tee- shirts, holding a fireworks display at the end of the day, arranging for specialty food booths from area restaurants, and scheduling live music have been discussed; that a festival from 2:00 to 9:00 p.m. followed by fireworks is currently contemplated; that a ribbon-cutting ceremony will be scheduled at approximately 6 p.m.; that a boat parade is currently scheduled for 10:00 a.m.; that an effort is being made to better coordinate the timing of the boat parade sO a crowd will be present; that a meeting of the coordinating committee was held at 4:00 p.m., July 21, 2003; that information from the meeting of the coordinating committee will be shared with the Commission as soon as available. Mayor Palmer stated that much intensity is being focused on efforts to plan the grand opening for the bridge, which is pleasing; that the City will have an excellent celebration; that the efforts of the members of the coordinating committee are appreciated and supported; that the grand opening will also be connected with the City's 100th Anniversary Celebration; that the new John Ringling Causeway Bridge is a type of birthday present for the City. Commissioner Servian asked the opening date for the bridge? Mr. Schneider stated that the hope was to open the bridge by August 30, 2003; however, a date certain has not been determined at this time; that the construction contract with the Florida Department of Transportation includes a substantial fine if the bridge is not open by a certain date and a bonus if the bridge is open prior to a certain date; therefore, the contractor is anxious to open the bridge. Mayor Palmer stated that the Commission will be notified of the opening date sO all the Commissioners can attend an appropriate ribbon cutting ceremony. Commissioner Servian stated that the Commissioners can be the first to drive over the new bridge. Mr. Schneider stated that the contractor has advised the bridge will definitely not be open by August 30, 2003. Mayor Palmer stated that the Commission will be present at the opening of the bridge; that the opening of the bridge is important to the community. 27. OTHER AITERSAIKDISTAITIVA OFFICERS (AGENDA ITEM XVI) CD 9:08 through 9:12 CITY AUDITOR AND CLERK ROBINSON: A. stated that the public hearing regarding the proposed Ordinance concerning non-discrimination is scheduled for the August 4, 2003, Regular Commission meeting; that the Commission previously requested an informational program be conducted prior to the public hearing; that the informational program was held in June 2003; that 5,300 citizens were notified by mail of the informational program which was held at the Municipal Auditorium in two identical sesslons, one at 12:00 noon and one at 6:00 p.m.i that the mailing list included holders of occupational licenses, business and neighborhood organizations, and other interested citizens; that 20 people attended one of the two identical sessions; and asked if renotifying the same people about the public hearing is necessary. Commissioners Atkins and Servian stated no. BOOK 54 Page 25940 07/21/03 2:30 P.M. BOOK 54 Page 25941 07/21/03 2:30 P.M. City Auditor and Clerk Robinson stated that the 20 people who attended the informational program will be notified about the public hearing; that an advertisement will be placed in the newspaper. Vice Mayor Martin stated that the notification and advertisement are sufficient. Commissioner Servian stated that the expense of notifying 5,300 people again is not necessary. Mayor Palmer stated that the Commission's consensus is not to send another letter to the mailing list of 5,300 people. 28. ADJOURN (AGENDA ITEM XVII) CD 9:12 There being no further business, Mayor Palmer adjourned the Regular meeting of the City Commission of July 21, 2003, at 9:12 p.m. - 244 L LOU ANN R. BALMER, MAYOR 4 ATTEST: SKE Rabenson BILLY 1. ROBINSON, CITY AUDITOR AND CLERK