MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF MAY 6, 2002, AT 6:00 P.M. PRESENT: Mayor Carolyn J. Mason, Vice Mayor Lou Ann R. Palmer, Commissioners Richard F. Martin, Mary J. Quillin, and Mary Anne Servian, City Manager Michael A. McNees, City Auditor and Clerk Billy E. Robinson, and City Attorney Richard J. Taylor ABSENT: None PRESIDING: Mayor Mason The meeting was called to order in accordance with Article III, Section 9(a) of the City of Sarasota Charter at 6:00 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. PRESENTATION RE: EMPLOYEES OF THE MONTH FOR APRIL 2002, PATTY PROCTOR AND JEAN DOWDEN, LANDSCAPE MAINTENANCE SPECIALISTS CD 6:01 through 6:07 Mayor Mason requested that William Hallisey, Director of Public Works, Patty Proctor and Jean Dowden, Landscape Maintenance Specialists and Employees of the Month for April 2002, join her and the Commission at the Commission table for the presentation. City Manager McNees stated that recognizing a Team of the Month instead of an Employee of the Month makes the award unique; that the job could not be realized without both members of the team. Mr. Hallisey stated that many positive comments have been received from the City Manager, the public, and fellow employees regarding the beauty of the City Hall grounds; that the Garden Club has bestowed the Civic Beautification Award upon the City as a result of the fine efforts of Ms. Proctor and Ms. Dowden and the other crews working for the City. Mayor Mason presented Patty Proctor and Jean Dowden with City- logo watches, plaques, and certificates as the April 2002 Employees of the Month in appreciation of their unique performance with the City; congratulated them for outstanding efforts; and stated that the team spirit is evident by the other crew members present in the audience. BOOK 51 Page 23152 05/06/02 6:00 P.M. BOOK 51 Page 23153 05/06/02 6:00 P.M. Ms. Proctor stated that the presence of the other team members, including James West, Landscape Maintenance Supervisor, Matt Bartlett, Senior Foreman, Alan Kehrer, Foreman, and Butch Farrand, Foreman, is appreciated; that the job could not have been done without these individuals. City Manager McNees requested that Mr. West join him and the Commission before the Commission table and requested that the other members of the landscape maintenance crew present in the audience stand to be recognized; and stated that in February 2002 the City received Civic Beautification Awards from the Sarasota Garden Club for Herald Square, Hillview Street and Links Plaza; that recently, the City was awarded the Civic Beautification Award by the Sarasota Garden Club for a significant contribution to the beauty of the area through excellence in landscaping of civic property, specifically City Hall; that presenting this award to the Mayor, with the people responsible present in the Chambers, is an honor; that the efforts of the landscape maintenance crew are appreciated; and presented the Civic Beautification Award to the Mayor. 2. PRESENTATION RE: PROCLAIMING THE MONTH OF MAY 2002 AS CIVILITY MONTH IN THE CITY OF SARASOTA CD 6:08 through 6:11 Mayor Mason requested that Dan Bailey, initiator of the effort to adopt the City's Pledge of Conduct, join her and the Commission before the Commission table; and read in its entirety the Proclamation declaring the month of May 2002 as Civility Month in the City of Sarasota; and indicating that the open exchange of public discourse is essential to the democratic system of government; that as a cornerstone of democracy, Americans have observed certain rules of behavior generally known as civility; that civility, derived from the Latin words "civitas" meaning city and "civis" meaning citizen is behavior worthy of citizens living in a community or in common with others; that displays of anger, rudeness, ridicule, impatience, and a lack of respect and personal attacks detract from the open exchange of ideas, prevent fair discussion of issues, and can discourage individuals from participation in government; that civility can assist in reaching consensus on diverse issues and developing mutually respectful ongoing relationships; that civility can uplift everyone's daily life and make living in an organized society more pleasant; and presented Mr. Bailey the Proclamation. Mr. Bailey thanked the Commission for the opportunity to participate in the Civility Week celebration; and stated that four years ago a group of citizens in the community gathered together to create Civility Week; that the focal point is the Pledge of Conduct referenced by the Mayor, which encourages displaying courtesy, observing the etiquette of democracy, recognizing the importance of listening, and believing in the possibility of the other person's being correct; that later in the meeting, Sarasota County Open Plans for Excellence (SCOPE), one of the most eloquent voices of civility in the community, will be making a presentation; that the Commission is thanked for the commitment to civility and for being good role models in the community. 3. PROCLAMATION RE : PROCLAIMING MAY 4 THROUGH 11, 2002, AS SAFE KIDS WEEK CD 6:15 through 6:20 Mayor Mason requested that Commissioner Quillin join her at the Commission table to make the presentation. Commissioner Quillin requested that Debbie Casper, Detective, Sarasota County Sheriff's Department, Barbara Page, Coordinator of Epilepsy Services, and Jean Shoemaker, Safe Kids Coalition Coordinator, join her at the Commission table and read the Proclamation declaring the week of May 4 through 11, 2002, as Safe Kids Week; and indicating that brain injury is the leading killer and disabler of children, resulting in 3,000 deaths of children and serious injury to another 29,000 who survive but may face devastating and lifelong consequences; that nearly half of the children hospitalized for injuries related to activities on wheels suffer from a traumatic brain injury; that the use of protective headgear by children on bicycles, skateboards, scooters or skates reduces the risk of head injury by 85 percent and brain injury by 88 percent; that more than three-quarters of children surveyed between the ages of 8 and 12 recognized a brain injury could occur as a result of a wheel-related crash; however, less than a third of children surveyed wear a helmet while riding scooters, skateboards, or in-line skates; that Section 316.2065(d), Florida Statutes, requires all bicycle riders or passengers under the age of 16 must wear a bicycle helmet which is properly fitted, fastened securely by a strap, and meets the standards of the American National Standards Institute; that the City joins the National Safe Kids campaign BOOK 51 Page 23154 05/06/02 6:00 P.M. BOOK 51 Page 23155 05/06/02 6:00 P.M. in sending a simple message to parents and kids when on any kind of wheels: be safe and wear a helmet, it's the Law; and presented Ms. Page and Ms. Shoemaker and Detective Casper the Proclamation. Ms. Shoemaker stated that car seats and helmets are provided at no cost to the recipient if an unsafe car seat or helmet is discovered during safety check-ups; that the goal of the car seat check-up event is for the child to depart in a environment safer than upon arrival; that at the event, the child's car seat is checked and replaced if not considered crashworthy; that the car seats are obtained through General Motors, which partnered with the National Safe Kids Campaign, and through grants from the Florida Department of Transportation (FDOT), the Sarasota SALT (Seniors in Law Enforcement) group, the Sarasota Foundation, and other groups; that car seats deemed uncrashworthy are removed with the parents' permission and destroyed to prevent being utilized by another child; that bicycle rodeos consist of teaching children correct highway bicycle maneuvering; that sound, correctly-fitted bicycle helmets are ensured; that the helmet of a bicycle rodeo attendee which is not good or age-appropriate is replaced at no cost to the child; that the Safe Kids Coalition is sponsored by All Children's Hospital in St. Petersburg, with councils in Sarasota, Manatee and Pinellas Counties; that two of the most outstanding Safe Kids members are present: Ms. Page from the Epilepsy Foundation Services and Detective Casper from the Sarasota County Sheriff's Department; that prior to Safe Kids Week, both worked 8 a.m. to 5 p.m. most weekdays at Lakeview, Gulfgate and Wilkinson Elementary Schools providing bicycle safety presentations and conducting a safety-in-che-bag contest with bags provided by Publix supermarkets; that second- through fifth-graders at the three elementary schools decorated the bags with bicycle safety information; and displayed the winning bags for the benefit of the Commission and the public. Ms. Shoemaker continued that on Saturday, May 11 between 9 a.m. and 12 noon, the primary contest winner will be announced at Wilkinson Elementary School, the site of the bicycle rodeo and safety seat check-up event; that the prize is a BMX bicycle; that the Safe Kids Coalition, comprised of private citizens and partnerships between various agencies and organizations in Sarasota County, has been developed to promote safe practices by children; that flyers for the events are available for interested parties and distributed packets of information to the Commissioners. Commissioner Quillin expressed appreciation for the excellent efforts of all involved in the Safe Kids Coalition. 4. PROCLAMATION RE: : PROCLAIMING "FALUN DAFA WEEK" AND "WORLD FALUN DAFA DAY" IN THE CITY OF SARASOTA, THE TENTH ANNIVERSARY WHEREIN FALUN DAFA WAS INTRODUCED TO THE PUBLIC CD 6:21 through 6:23 Mayor Mason requested that Jared Pearman, May Jang, and Sherwood Lin join her and the Commission at the Commission table and read in its entirety the Proclamation declaring the week of May 13 through 19, 2002, Falun Dafa Week; and indicating that Falun Gong, more formally called Falun Dafa, is an ancient system of qigong gentle movement and meditation first taught publicly in China; that Falun Dafa is now the most popular qigong system in the world, with over 100 million practitioners in more than 50 countries worldwide; that Falun Dafa is based on the principles of truth, compassion, and tolerance; that practitioners learn to let go of negative thoughts and behaviors; that conflicts are viewed not as difficulties but as opportunities to grow; that Falun Gong emphasizes one must be a better person, a better worker, a better family member, and a better citizen to improve health and to increase wisdom; and presented the Proclamation. 5. CHANGES TO THE ORDERS OF THE DAY = APPROVED CD 6:23 through 6:25 City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Remove under Consent Agenda No. 1, Item III.A.6, Approval Re: Authorize the City Attorney to prepare the Mayor and City and Auditor and Clerk to execute the First Amendment to the Agreement between the City of Sarasota and David W. Johnston Associates, Inc. and Kimberley-Horn and Associates, Inc., (RFP #99-49H) for the 2nd renewal extension of the agreement for Landscape Architectural Services on as "as needed" basis per the request of William Hallisey, Director of Public Works. B. Add under Consent Agenda No. 1, Item III.A.11, Approval Re: Lido Key Beach Sediment Aesthetic Enrichment, "white sand, 1 Project and a Memorandum of Agreement BOOK 51 Page 23156 05/06/02 6:00 P.M. BOOK 51 Page 23157 05/06/02 6:00 P.M. with the Department of the Army per the request of Dennis Daughters, Director of Engineering/City Engineer. On motion of Vice Mayor Palmer and second of Commissioner Quillin, it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. 6. APPROVAL RE: MINUTES OF THE STATUTORY SARASOTA CITY COMMISSION MEETING OF APRIL 12, 2002, AND THE REGULAR MEETING OF APRIL 15, 2002 = APPROVED (AGENDA ITEM I-1 AND -2) CD 6:25 through 6:26 Mayor Mason asked if the Commission had any changes to the minutes? Mayor Mason stated that hearing no changes, the minutes of the April 12, 2002, Statutory, and the April 15, 2002, Regular Commission meeting are approved by unanimous consent. 7. BOARD ACTIONS RE : REPORT RE: : PLANNING BOARD/LOCAL PLANNING AGENCY'S REGULAR MEETING OF APRIL 3, 2002 = SET PROPOSED ORDINANCE NO. 02-4375 FOR PUBLIC HEARING; REFERRED THE RECOMMENDATION TO DEVELOP A PUBLIC SAFETY CHAPTER AND A BARRIER ISLAND CHAPTER TO THE CITY'S COMPREHENSIVE PLAN TO THE ADMINISTRATION RECEIVED REPORT (AGENDA ITEM II-1) CD 6:26 through 6:32 Sandra Vaughn, Vice Chair of the Planning Board/Local Planning Agency (PBLP), and Jane Robinson, Director of Planning, came before the Commission. Ms. Vaughn presented the following items from the April 3, 2002, Regular PBLP meeting: A. Major Conditional Use Application No. 02-CU-03 and -04 Site Plan Application No. 02-SP-16 Republic Bank, 3201 North Tamiami Trail Ms. Vaughn stated that Major Conditional Use Application Nos. 02-CU-03 and -04 along with Site Plan Application No. 02-SP-16 as incorporated in proposed Resolution 02R-1489 is for approval to construct an additional drive-through lane and 24-hour automatic teller machine (ATM) on the south side of the existing bank building at 3201 North Tamiami Trail; that at its April 3, 2002, Regular meeting, the PBLP held a public hearing and found 4 to 0, Major Conditional Use Application Nos. 02-CU-03 and -04 and Site Plan Application No. 02-SP-16 consistent with the City's Comprehensive Plan, also called the Sarasota City Plan (1998) (City's Comprehensive Plan), the Tree Protection Ordinance, and applicable standards for review, and recommended Commission approval subject to the following condition: The site plan and all related development and construction plans shall be in compliance with those labeled Additions at Republic Bank received by the Planning Department on March 20, 2002. All final construction plans shall be subject to a full review for compliance with applicable codes and Staff development approvals. Ms. Vaughn stated that the Commission can confirm the PBLP's action by adopting proposed Resolution No. 02R-1489 under Consent Agenda 2, Item No. 1, or set proposed Resolution No. 02R-1489 for public hearing. B. Major Conditional Use Application No. 02-CU-05 Site Plan Application No. 02-SP-15 Bird Key Yacht Club, 301 Bird Key Drive Ms. Vaughn stated that Major Conditional Use Application No. 02- CU-05 and Site Plan Application No. 02-SP-15 as incorporated in proposed Resolution 02R-1490 is for approval to construct t 350 additional square feet of dining space and to replace an existing awning at Bird Key Yacht Club at 301 Bird Key Drive; that at its April 3, 2002, Regular meeting, the PBLP held a public hearing and found 4 to 0, Major Conditional Use Application No. 02-CU-05 and Site Plan Application No. 02-SP-15 consistent with the City's Comprehensive Plan, the Tree Protection Ordinance, and applicable standards for review, and recommended Commission approval subject to the following condition: Site, development, and construction plans shall be in conformity with the plans labeled Bird Key Yacht Club received by the Planning Department on March 20, 2002. All final building or construction plans shall be subject to a full review for compliance with applicable codes and Staff development approvals. Ms. Vaughn stated that the Commission can confirm the PBLP's action by adopting proposed Resolution No. 02R-1490 under BOOK 51 Page 23158 05/06/02 6:00 P.M. BOOK 51 Page 23159 05/06/02 6:00 P.M. Consent Agenda 2, Item No. 2, or set proposed Resolution No. 02R-1489 for public hearing. C. Zoning Text Amendment Application No. 02-ZTA-03 Tie Votes of the Public Art Committee Ms. Vaughn stated that Zoning Text Amendment No. 02-ZTA-03 as incorporated in proposed Ordinance No. 02-4375 is to amend Section III-503(c), Meetings, quorum and required vote, to provide as follows: For purposes of these regulations, a tie vote on any matter appealable to the City Commission shall be deemed no action and the matter shall be submitted to the City Commission for a final decision in the same manner as if an appeal had been taken. In all other matters a tie vote shall be deemed a denial of the measure voted upon, however, such denial shall be reported to the City Commission by the Public Art Committee. Ms. Vaughn stated that at its April 3, 2002, meeting, the PBLP held a public hearing and found 4 to 0, Zoning Text Amendment Application No. 02-ZTA-03 consistent with the City's Comprehensive Plan, and applicable standards for review, and recommended Commission approval. On motion of Vice Mayor Palmer second of Commissioner Martin, it was moved to set proposed Ordinance No. 02-4375 for public hearing. Motion carried unanimously (5to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. D. Public Safety Chapter and Barrier Island Chapter, City's Comprehensive Plan Ms. Vaughn stated that that the PBLP voted 4 to 0 to request the Commission move forward with the development of a Public Safety Chapter and a Barrier Island Chapter for the City's Comprehensive Plan. Commissioner Servian stated that the PBLP's recommendation to develop a Public Safety Chapter and a Barrier Island Chapter for the City's Comprehensive Plan could be considered during the Commission's annual goal-setting workshop; that a determination as to Staff allocation is required; that the Public Safety Chapter and the Barrier Island Chapter have not been completed due to staffing constraints. Vice Mayor Palmer stated that a number of initiatives were included in the Financial Sustainability Study and the update of the City's Comprehensive Plan in 1998, including the Barrier Island Master Plan, the Public Safety Chapter, the North Trail Master Plan, etc.; that a reevaluation of priorities is required; that considering a prioritization of the initiatives during the annual goal-setting workshop is an excellent idea and should be referred to the Administration. Ms. Robinson stated that a report will be prepared for the Administration; that many studies have come to the attention of the Commission such as the Newtown Redevelopment Plan, the Cultural District Plan, etc.; that all the suggested studies should be reevaluated and reprioritized. Commissioner Martin asked if the Commission has consensus concerning consideration of the PBLP's recommendation? Mayor Mason stated that the Commission's consensus is all the plans discussed will be reviewed and prioritized during the annual goal-setting workshop. On motion of Vice Mayor Palmer and second of Commissioner Martin, it was moved to receive the board report of the April 3, 2002, Regular meeting of the Planning Board/Local Planning Agency. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yesi Quillin, yes; Servian, yes; Mason, yes. Vice Mayor Palmer stated that the efforts of Chair Robert Lindsay and Vice Chair Sandra Vaughn on the PBLP are appreciated that both are leaving the PBLP in May 2002; that the hours contributed to the City have been significant; that the PBLP has considered land development regulations, regulatory planning, etc.; that the efforts of Chair Lindsay and Vice Chair Vaughn will be missed. 8. BOARD ACTIONS RE: : REPORT RE: HISTORIC PRESERVATION BOARD' S REGULAR MEETING OF APRIL 9, 2002 = APPROVED THE NOMINATION OF ROSEMARY CEMETERY TO THE NATIONAL REGISTER OF HISTORIC PLACES, : APPROVED THE EXPENDITURE OF $2,240.70 FROM THE DEMOLITION FUND FOR A BROCHURE CONCERNING THE ROSEMARY CEMETERY, ; RECEIVED REPORT (AGENDA ITEM II-2) CD 6:33 through 6:38 BOOK 51 Page 23160 05/06/02 6:00 P.M. BOOK 51 Page 23161 05/06/02 6:00 P.M. Christopher Wenzel, Chair of the Historic Preservation Board, and John Burg, Chief Planner, Planning Department, came before the Commission. Mr. Wenzel presented the following item from the April 9, 2002, Regular meeting of the Historic Preservation Board: A. National Register of Historic Places Mr. Wenzel stated that the Rosemary Cemetery Committee requested the Historic Preservation Board recommend to the Commission a nomination of the Rosemary Cemetery to the National Register of Historic Places; that the Historic Preservation Board voted unanimously to recommend Commission approved of the nomination. On motion of Vice Mayor Palmer second of Commissioner Servian, it was moved to approve the submission of the nomination of the Rosemary Cemetery to the National Register of Historic Places. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. B. Request for Demolition Fund Expenditure Mr. Wenzel stated that the Rosemary Cemetery Committee completed significant documentation of the Rosemary Cemetery as an historic resource of the City; that students from the University of South Florida/New College compiled significant historic information; that a web site was created including a database of the property's assets, maps marked with gravestones, etc.; that the Rosemary Cemetery Committee approached the Historic Preservation Board with a request to fund a brochure with $2,240.70 from the Historic Preservation Demolition Fund; that the brochure will be used to educate and inform the public concerning the Rosemary Cemetery, the City's historic pioneer burial ground platted in 1886; that the Historic Preservation Board voted unanimously to recommend Commission approval of the request. On motion of Vice Mayor Palmer second of Commissioner Servian, it was moved to approve the expenditure of $2,240.70 from the Historic Preservation Demolition Fund for printing projects to educate the public concerning the Rosemary Cemetery. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. Commissioner Quillin stated that having the brochures available at City Hall would be beneficial; that the web site could be linked to the City's web site. Mr. Wenzel stated that the brochures will be available in public places, including City Hall. Commissioner Quillin stated that a rack for brochures at Rosemary Cemetery was previously discussed; that visitors to the Rosemary Cemetery should be able to obtain a brochure on site. On motion of Commissioner Martin and second of Commissioner Quillin, it was moved to receive the board report of the April 6, 2002, Regular meeting of the Historic Preservation Board. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yesi Mason, yes. Commissioner Martin stated that a curriculum for middle school students has been developed and is available on a compact disk (CD); that receiving a copy of the CD for the Commission Office would be appreciated. Vice Mayor Palmer stated that a synopsis of the events scheduled for Historic Preservation Recognition Week would be appreciated. Mr. Burg stated that a reception and program is scheduled for 5:30 to 7:00 p.m., May 15, 2002, at the Christie Payne Mansion at Selby Gardens. 9. BOARD ACTIONS REPORT RE: : PUBLIC ART COMMITTEE' S REGULAR MEETING OF APRIL 10, 2002 - APPROVED PUBLIC ART DONATION PROGRAM; APPROVED THE DEVELOPMENT OF AN AGREEMENT FOR THE LOAN OF PHOTON II; RECEIVED REPORT (AGENDA ITEM II-3) CD 6:39 through 6:43 Bonnie Lancaster, Chair of the Public Art Committee, and John Burg, Chief Planner, Planning Department, came before the Commission. Ms. Lancaster presented the following items from the April 10, 2002, Regular meeting of the Public Art Committee: A. Public Art Donation Program Ms. Lancaster referred to the proposed Public Art Donation Program in the Agenda backup material and stated that the Public BOOK 51 Page 23162 05/06/02 6:00 P.M. BOOK 51 Page 23163 05/06/02 6:00 P.M. Art Committee voted unanimously to recommend Commission approval of the Public Art Donation Program, which was developed to encourage and welcome donations of works of art for display in the City. On motion of Vice Mayor Palmer and second of Commissioner Servian, it was moved to approve the Public Art Donation Program. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. B. Loan of Photon II by artist Dennis Kowal Ms. Lancaster stated that artist Dennis Kowal has proposed loaning the sculpture Photon II to the City with placement on a site on the Bayfront southwest of the Van Wezel Performing Arts Hall (VWPAH) ; that the Public Art Committee voted 4 to 1 to accept the loan subject to the following conditions: the sculpture be located at the southwest corner of the VWPAH near the water; the art work be loaned to the City for a minimum of 1.5 years; the design of the concrete base be coordinated with the City; and the cost of the concrete base not exceed $2,000. Ms. Lancaster stated that the cost of the concrete base will be funded by the Public Art Fund. City Attorney Taylor stated that preparing an agreement between the City and the artist is required. On motion of Vice Mayor Palmer second of Commissioner Servian, it was moved to direct Staff to prepare an agreement to accept the loan of Photon II subject to the conditions recommended by the Public Art Committee. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. On motion of Vice Mayor Palmer and second of Commissioner Martin, it was moved to receive the board report of the April 10, 2002, Regular meeting of the Public Art Committee. Motion carried unanimously (5 to 0) : Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. 10. BOARD ACTIONS REPORT RE : NUISANCE ABATEMENT BOARD QUARTERLY STATUS REPORT FOR THE PERIOD ENDING MARCH 31, 2002 = RECEIVED REPORT (AGENDA ITEM II-4) CD 6:43 through 6:45 Ronald Spangler, Chair of the Nuisance Abatement Board (NAB), and James Siegfreid, Attorney, City Attorney's Office, came before the Commission. Mr. Spangler stated that during the quarter ending March 31, 2002, 21 status update reports were received, including 17 for narcotic sales and 4 for prostitution; that three hearings were held, all of which were for narcotic sales; that a recent court case may affect the City and the NAB; therefore, the NAB is recommending a workshop be scheduled to consider to discuss the effect of the court case; that a possible date could be July 25, 2002, by which time decisions concerning other court challenges may have been received; that the workshop would allow the NAB to interact with the Commission; that the hope is the NAB can continue as a positive force in the neighborhoods. On motion of Commissioner Martin second of Commissioner Servian, it was moved to receive the Quarterly Status Report of the Nuisance Abatement Board. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. Commissioner Quillin stated that receiving attendance reports at the same time as a board report would be appreciated; that attendance reports of the advisory boards to the Metropolitan Planning Organization (MPO) are received at the time reports are provided. Commissioner Martin stated that an annual report is received. Commissioner Quillin stated that an attendance report should be provided at least quarterly. City Auditor and Clerk Robinson stated that a May 8, 2002, Commission Workshop is scheduled to discuss City advisory board; that attendance is one item on the Agenda; that the discussion could be held at that time. Commissioner Quillin agreed. BOOK 51 Page 23164 05/06/02 6:00 P.M. BOOK 51 Page 23165 05/06/02 6:00 P.M. 11. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 5, 7, 8, 10, AND 11 APPROVED; ITEMS 3, 4, AND 9 = CONSIDERED UNDER NEW BUSINESS; ITEM NO. 6 = REMOVED UNDER CHANGES (AGENDA ITEM III-B) CD 6:46 through 6:47 Commissioner Quillin requested that Item Nos. 3, 4, and 9 be removed for discussion. City Auditor and Clerk Robinson stated that the items will be considered under New Business as Agenda Items VIII-1, -2 and -3. 1. Approval Re: Parks + Connectivity Master Plan Issues Matrix 2. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the First Extension to License Agreement between the City of Sarasota and Metric- Dooley and Mack Construction to allow for temporary parking of a construction trailer at the Sarasota Mobile Home Park 5. Approval Re: Authorize the City Attorney to prepare and the Mayor and City Auditor and Clerk to execute the Fifth Amendment to Agreement for Engineering Services between the City of Sarasota and Boyle Engineering Corp., (RFP #96-3) in the amount of $25,056 for modifications to the overall project scope and provides for additional assistance from the consultant during the construction phase of the reverse osmosis plant retrofit currently underway 7. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Second Renewal to the Agreement between the City of Sarasota and Post, Buckley, Schuh & Jernigan, Inc., (RFP #00-25H) for consultant engineering services relative to the City's Reclaimed Water Reuse Program for an additional one-year period 8. Approval Re: Award of contract and authorize the Mayor and City Auditor and Clerk to execute a contract between the City of Sarasota and Jon F. Swift, Inc., (Bid #01-54M) in the amount of $358,649.72 for the construction of the Neighborhood Gateway Projects 10. Approval Re: Award of contract and authorize the Mayor and City Auditor and Clerk to execute a contract between the City of Sarasota and Jack J. Clancy and Associates, Fair Oaks, CA, (Bid #02-30N) in the amount of $26,800 to develop and administer promotional examinations for the ranks of Police Sergeant and Police Lieutenant positions for the City of Sarasota Police Department 11. Approval Re: Lido Key Beach Sediment Aesthetic Enrichment, "white sand,' 1 Project and a Memorandum of Agreement with the Department of the Army. On motion of Commissioner Martin and second of Commissioner Quillin, it was moved to approve Consent Agenda No. 1, Item Nos. 1, 2, 5, 7, 8, 10, and 11. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. 12. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 02R-1489) - ADOPTED; ITEM 2 (RESOLUTION NO. 02R-1490) - ADOPTED; ITEM 3 (RESOLUTION NO. 02R-1497) = ADOPTED; ITEM 4 (RESOLUTION NO. 02R-1498) - ADOPTED; ITEM 5 (RESOLUTION NO. 02R-1500) = CONSIDERED UNDER UNFINISHED BUSINESS; ITEM 6 (ORDINANCE NO. 02-4370) - CONSIDERED UNDER UNFINISHED BUSINESS; ITEM 7 (ORDINANCE NO. 02-4371) ADOPTED; ITEM 8 (ORDINANCE NO. 02-4372) - ADOPTED (AGENDA ITEM III-B) CD 6:48 through 6:53 Commissioner Quillin requested that Item Nos. 5 and 6 be removed for discussion. City Auditor and Clerk Robinson stated the items will be considered under Unfinished Business as Agenda Items VII-5 and -6. 1. Adoption Re: : Proposed Resolution No. 02R-1489 approving Major Conditional Use Application 02-CU-03 to allow a drive-through facility as an accessory use to a bank in the North Trail (NT) Zone District; said major conditional use is proposed to be located on the south side of the existing bank, A/K/A Republic Bank, at 3201 BOOK 51 Page 23166 05/06/02 6:00 P.M. BOOK 51 Page 23167 05/06/02 6:00 P.M. North Tamiami Trail, as more particularly described herein; approving Major Conditional Use Application 02- CU-04 to allow the operation of the drive-through facility on a 24 hour basis (beyond the otherwise permitted hours of operation in the North Trail (NT) Zoned District); requiring the drive-through facility to be constructed in accordance with approved Site Plan Application 02-SP-16; etc. (Title Only) (Application Nos. 02-CU-02, 02-CU-04 and 02-SP-16, Applicant Jay F. Myers, Myers and Associates Architecture, AIA, P.A., as agent representing the Republic Bank, as owner) 2. Adoption Re: Proposed Resolution No. 02R-1490 approving Major Conditional Use Application 02-CU-05 to allow an expansion of an existing private club A/K/A the Bird Key Yacht Club, in the Single-Family Residential-1 (RSF-1) Zone District; said major conditional use is proposed to be located on property at 301 Bird Key Drive, as more particularly described herein; said major conditional use is required to be constructed in accordance with approved Site Plan Application 02-2P-15; etc. (Title Only) Application Nos. 02-CU-05 and 02-SP-15, Applicant James F. Soller, James F. Soller and Associates, Inc. as agent representing The Bird Key Yacht Club, Inc., as owner) 3. Adoption Re: Proposed Resolution No. 02R-1497 appropriating $50,000 from the Special Law Entorcement Trust Fund (110-082) to provide funds to pay for the investigative expenses to support activities calculated to enhance future drug trafficking investigations, etc. 4. Adoption Re: Proposed Resolution No. 02R-1498 appropriating $1,994,358 from the unappropriated fund balance of the SHIP Program, and appropriating $1,116,996 from the unappropriated fund balance of the HOME Program, to fund eligible activities as directed by both the City and County Commissions in the 2000-05 Consolidated Plan, etc. 7. Adoption Re: Proposed Ordinance No. 02-4371, amending Chapter 23 of the Sarasota City Code pertaining to peddlers and solicitors; to prohibit panhandling in certain places at all times and generally from sunset to sunrise and at all times at certain places; to prohibit aggressive panhandling; providing for definitions; repealing ordinances in conflict; providing for the severability of the parts hereof; etc. (Title Only) 8. Adoption Re: Proposed Ordinance No. 02-4372, amending Chapter 30, Streets, Sidewalks and Other Public Places, to create Section 30-12 prohibiting urination and defecation in any public place, or at any place where such conduct may reasonably be expected to be viewed by others, in other than a toilet; providing for the severability in parts hereof; repealing ordinances in conflict; etc. (Title Only) City Auditor and Clerk Robinson read proposed Resolution Nos. 02R-1489 and 02R-1490 and proposed Ordinance Nos. 02-4371, 02-4372 by title only and proposed Resolution Nos. 02R-1497 and 02R-1498 in their entirety. On motion of Commissioner Martin, it was moved to adopt Consent Agenda No. 2, Item Nos. 1, 2, 3, 4, 7, and 8. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Martin, yes; Mason, yes; Palmer, yes; Quillin, yes; Servian, yes. Mayor Mason requested that City Auditor and Clerk Robinson explain the public hearing sign-up process. City Auditor and Clerk Robinson stated that three public hearings are scheduled on the Agenda, one non quasi-judicial and two quasi-judicial public hearings; 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. BOOK 51 Page 23168 05/06/02 6:00 P.M. BOOK 51 Page 23169 05/06/02 6:00 P.M. 13. NON QUASI-JUDICIAL PUBLIC HEARING RE : PROPOSED ORDINANCE NO. 02-4374, AMENDING THE ZONING CODE (1998 ED.) TO ADD A STUDENT YOUTH REPRESENTATIVE FROM THE STAR PROGRAM TO THE MEMBERSHIP OF THE PUBLIC ART COMMITTEE; SETTING FORTH FINDINGS; REPEALING ORDINANCES IN CONFLICT; ETC. (TITLE ONLY) (APPLICATION NO. 02-ZTA-02, APPLICANT CITY OF SARASOTA) - PASSED ON FIRST READING (AGENDA ITEM IV-A-1) CD 6:53 through 6:56 Jane Robinson, Director of Planning, came before the Commission and stated that the Commission amended the Sarasota City Code (1986 as amended) (City Code) by the adoption of Ordinance No. 02-4367 on March 4, 2002, to provide for the appointment of a student youth representative from the STAR (Students Taking Active Roles in Government) Program to various City advisory boards, including the Public Art Committee (PAC); that Zoning Text Amendment Application No. 02-ZTA-02 as incorporated in proposed Ordinance No. 02-4374 amends the Zoning Code (1998 ed.) to allow a STAR student youth representative to serve as one member of the PAC; that the specifics regarding the STAR student youth representative are set forth in previously adopted Ordinance No. 02-4367; that at its April 3, 2002, meeting, the Planning Board/Local Planning Agency (PBLP) held a public hearing and found 4 to 0, Zoning Text Amendment Application No. 02-ZTA-02 as incorporated in proposed Ordinance No. 02-4374 consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition, and the standards set forth for review in Zoning Code (1998 ed.), and recommended Commission approval. Mayor Mason opened the public hearing. There was no one signed up to speak and Mayor Mason closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 02-4374 by title only. On motion of Vice Mayor Palmer and second of Commissioner Martin, it was moved to pass proposed Ordinance No. 02-4374 on first reading. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Mason, yes; Palmer, yes; Quillin, yes; Servian, yesi Martin, yes. Mayor Mason requested that City Attorney Taylor explain the quasi-judicial public hearing process. City Attorney Taylor stated that the requirements of quasi-judicial public hearings were defined by the judicial processi that during quasi-judicial public hearings, the Commission will be required to base any decision on competent, substantial evidence; that prior to opening the public hearing, Commissioners will be requested to disclose any ex parte communications concerning the subject property; that the recommendation is to allow seven minutes for the Applicant's and the City's presentations and five minutes for rebuttal; that Affected Persons are individuals especially interested in the proceedings due to proximity to or other special interest in the subject property; however, no one has filed for certification as an Affected Person; that other interested persons will have five minutes to speak; that speakers may request additional time which, if granted, will be determined at the discretion of the Commission; that Applicants and the City will be afforded the opportunity to present evidence and expert witnesses and for cross-examination. Mayor Mason stated that hearing the Commission's consensus, the timelimits are approved. 14. QUASI-JUDICIAL PUBLIC HEARING RE: : PROPOSED ORDINANCE NO. 02-4362, TO AMEND ORDINANCE NO. 00-4234 BY THE SUBSTITUTION OF SITE PLAN 02-SP-11 FOR THE PREVIOUSLY APPROVED SITE PLAN SUBMITTED WITH APPLICATION 00-SP-14 PERTAINING TO THE CONSTRUCTION OF OFFICES LOCATED AT 3277 FRUITVILLE ROAD ; SAID PROPERTY BEING ZONED OFFICE PROFESSIONAL BUSINESS (OPB) AND LOCATED ON t 2.6 ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN; APPROVING THE SUBSTITUTED SITE PLAN APPLICATION 02-SP-11 DEPICTING SIX OFFICE BUILDINGS CONSISTING OF t 24,000 SQUARE FEET IN LIEU OF THE PREVIOUSLY APPROVED TWO-STORY OFFICE BUILDING CONSISTING OF + 31,200 SQUARE FEET; AMENDING THE CONDITIONS OF APPROVAL; REPEALING ORDINANCES IN CONFLICT; ETC. (TITLE ONLY) (APPLICATION NOS. 02-ROA-02 AND 02-SP-11, APPLICANT JOEL J. FREEDMAN, AICP, FREEDMAN CONSULTING GROUP, INC., AS AGENT REPRESENTING LARRY E. SEWELL AND JAMES C. RUTLEDGE L CO-TRUSTEES OF THE FRUITVILLE LAND TRUST, AS OWNERS) - PASSED ON FIRST READING (AGENDA ITEM I-B-1) CD 6:56 through 7:22 Mayor Mason referred to the Agenda Request Form indicating proposed Ordinance No. 00-4362 is to amend previously adopted Ordinance No. 00-4243 by the substitution of Site Plan BOOK 51 Page 23170 05/06/02 6:00 P.M. BOOK 51 Page 23171 05/06/02 6:00 P.M. Application No. 02-SP-11 for the previously approved Site Plan No. 00-SP-14 for the construction of offices located at 3277 Fruitville Road which is in the Office Professional Business (OPB) Zone District and located on + 2.6 acres; that the Applicant is Joel Freedman, AICP, Freedman Consulting Group, Inc., agent for Larry Sewell and James Rutledge, co-trustees of the Fruitville Land Trust, as owners. Mayor Mason requested that Commissioner ex parte communications, if any, be disclosed. Mayor Mason, Vice Mayor Palmer, and Commissioners Martin, Quillin, and Servian stated that no ex parte communications have occurred. Mayor Mason opened the public hearing and requested that the Applicant come forward. Joel Freedman, AICP, Freedman Consulting Group, came before the Commission and stated that Freedman Consulting Group represents Larry Sewell and James Rutledge, Trustees of the Fruitville Land Trust, owners of the property; that the project Civil Engineer and the Landscape Architect are available in the audience for questions if necessary; that several years ago the property was rezoned to the OPB Zone District, at which time a two-story, 1,000-sguare-foot building was approved; that the market has changed; that a two-story, 31,000-square-foot building is no longer viable in the proposed location; that the project has been divided into smaller, free-standing buildings to achieve a campus atmosphere; that the reception to the new project has been good; that all but one of the new buildings will be occupied immediately; that the other building is for sale; that the Applicant agrees with all the conditions of the Staff report as recommended by the Planning Board/Local Planning Agency (PBLP); that the Commission will be hearing modified language regarding the transportation conditions from Staff related to the length of time funds will be in escrow for the improvements; that the funds should be returned to the Applicant if the City does not use the funds within a specified period. Mr. Freedman referred to the Fruitville Office Park Turning Guide Plan map included in the Agenda backup material and displayed on the Chamber monitors and stated that the buildings have the appearance of single-family structures with shingle roofs; that the Applicant will maintain all the conditions of the original rezoning including the 50-foot setback, retention areas, and landscaping buffers to minimize any potential impact of the one- story buildings. Vice Mayor Palmer referred to the May 2, 2002, memorandum to Dennis Daughters, Director of Engineering/City Engineer, from Sarah Schenk, Attorney, City Attorney's Office, including new language for inclusion in the proposed ordinance as follows: In the event the Intersection Improvements proposed for the intersection of Fruitville Road and Beneva Road, described in subparagraph (i) or the access improvements for the Oakwood Manor Mobile Home Park, described in subparagraph (ii), have not been completed or under actual construction three (3) years after issuance of the last certificate of occupancy for the Project described in Site Plan Application 02-SP-11, then the City shall refund the escrowed funds in the amount of $7,652 Vice Mayor Palmer asked if the new language is acceptable? Mr. Freedman stated yes. Mayor Mason requested that Staff come forward for the City's presentation. Allen Parsons, Senior Planner II, Planning and Development Department, came before the Commission and stated that proposed Ordinance No. 02-4362 pertains to Rezone Ordinance Amendment Application No. 02-ROA-02 and revised Site Plan Application No. 02-SP-11 for t 2.6 acres of property located at 3277 Fruitville Road; that Rezone Ordinance Amendment Application No. 02-ROA-02 is to amend the previously approved Ordinance No. 00-4234 by the substitution of Site Plan Application No. 02-SP-11 for the site plan previously approved by the Commission on June 19, 2000; that the modifications to the site plan are: 1. Substitution of a proposal to construct six one-story office buildings comprising a total of 24,000 square feet rather than the previously approved two-story building consisting of + 31,200 square feet. 2. Modification of the conditions proffered with the initial rezoning and the addition of further restrictions as detailed in proposed Ordinance No. 02-4362. BOOK 51 Page 23172 05/06/02 6:00 P.M. BOOK 51 Page 23173 05/06/02 6:00 P.M. Mr. Parsons referred to the original approved site plan and the amended site plan displayed on the Chamber monitors to indicate the differences and stated that the original site plan had one building directly in the center of the property surrounded on all sides by parking; that the entrance to the facility was to the east; that Lockwood Ridge Road is to the west; that two buildings are moved in the amended site plan as far forward to Fruitville Road as the OPB Zone District allows with a 20-foot setback; that parking has been moved to the rear of the buildings; that a sidewalk connection has been provided from Fruitville Road into the buildings; that building size has been reduced by 7,200 square feet; that Staff's report includes an analysis for consistency with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 edition (City's Comprehensive Plan) and an analysis regarding the rezoning standards; that Staff recommends the proposal with the following conditions be found consistent with the City's Comprehensive Plan and the standards for review in the Zoning Code (1998 ed.): 1. Applicant shall provide an enhanced landscaped buffer with a minimum width of fifty feet, inclusive of the utility easement to the City, along the northern boundary of the rezoned property as depicted on Site Plan Application No. 02-SP-11. 2. The Applicant's proportionate share of the cost of improvements to the intersection of Fruitville and Beneva Roads is 15.38 percent to a maximum of $7,692. 3. The funds due from the Applicant shall be utilized for access improvements for the Oakwood Manor Mobile Home Park. 4. The property shall remain in common ownership and no subdivision of the property shall occur. 5. Exterior lighting shall be installed behind the buildings depicted on Site Plan Application No. 02-SP-11. Mr. Parsons referred to Section IV-506, Standards for Review, Zoning Code (1998 ed.), as follows: (5) Whether the proposed development, design and layout has made adequate provisions for vehicular access and traffic circulation (both internal and external to the Project), in addition to the requirements of Section IV-203 pertaining to concurrency certificates. Mr. Parsons stated that certain transportation improvements were required at the intersection of Fruitville and Beneva Roads for the original project to achieve concurrency in accordance with Section IV-506(5); that the Applicant's fair share of the transportation improvements was determined as 20 percent or a maximum of $10,000; that the structure size was reduced overall in square footage; therefore, the Applicant's fair share should be reduced proportionally; that the amount was determined as a maximum of $7,692 rather than $10,000; that the May 2, 2002, memorandum includes the new language for the proposed ordinance to indicate improvements must be completed or under construction within three years of issuance of the Certificate of Occupancy or the escrowed funds will be returned to the Applicant. Commissioner Quillin stated that the Sarasota/Manatee Metropolitan Planning Organization (MPO) has no funds allocated for any improvements to the intersection of Fruitville and Beneva Roads; that improvements are included in the Commission's long range plans; however, longer than three years is required for the City to accumulate funds for an intersection improvement; and asked if the City is limited by the State to holding funds in escrow for three years? City Attorney Taylor stated that the improvements are not significant; that the Applicant has escrowed $7,692. Commissioner Quillin agreed and stated that the funds are for intersection improvements. City Attorney Taylor stated that the Applicant wishes the funds be returned if the City has not expended the funds within three years. Commissioner Quillin stated that improvements to the intersection are on the City's long-range plan but may not be accomplished for another eight years; that Engineering Staff is not present to speak; that the intersections at Beneva and Fruitville Roads and Lockwood Ridge and Fruitville Roads are two key intersections which will have improvements constructed through funding by the MPO; however, improvements must be in the MPO's program for funding; that three years is not reasonable. BOOK 51 Page 23174 05/06/02 6:00 P.M. BOOK 51 Page 23175 05/06/02 6:00 P.M. Vice Mayor Palmer agreed; but stated that the understanding was the State assumed authority for development agreements; and asked if three years is a State legal requirement? Sarah Schenk, Attorney, City Attorney's Office, came before the Commission and stated that improvements to satisfy concurrency must be in place or under construction within three years after the issuance of the Certificate of Occupancy; that the improvements are not in the City's Capital Improvement Program (CIP); that a number of projects involving traffic signal timing are in progress or under design; that the developer is contributing a pro rata share, which is not adequate to construct the improvements; that the funds will be aggregated; that a plan for traffic signal timing will be developed to assure completion of the improvements in a timely manneri that the specifics are not known at the present time; that the development agreements for the Renaissance and the Ritz-Carlton Hotel include provisions for substantial traffic circulation improvements, which were in the City's CIP sO the City had control over construction dates; that the traffic signal timing project near the proposed development is not scheduled yet nor has specific funding been identified. Commissioner Quillin stated that the MPO is looking at another program concerning fiber optic technology; that verification concerning any State statutory provision requiring refunding of a pro rata share three years after the Certificate of Occupancy is requested; that the funds can be aggregated and used for the intersections at Beneva and Fruitville Roads or Lockwood Ridge and Fruitville Roads. Attorney Schenk stated that Staff is working on a plan to aggregate funds for the intersections; that the smaller projects are not contributing enough to fund the entire project. Commissioner Quillin stated that MPO funds are necessary; that the MPO has not allowed adding any new orojects to the MPO list for the last three years. Attorney Schenk stated that traffic signal timing and optimization rather than reconstruction of lanes might only be required for the proposed project; that the aggregate of a number of projects, some already built, is causing the deficiency at the intersections of Beneva and Fruitville Roads and Lockwood Ridge and Fruitville Roads. Commissioner Quillin stated that all available funds are required. Commissioner Martin asked if the funds can be spent within the three years in some minor ways such as resignalization? Attorney Schenk stated yes; that one proposed project is traffic signal timing optimization or improved access to Oakwood Manor Mobile Home Park. Vice Mayor Palmer stated that the City's policy is the developer must participate in the improvement if a project results in an increase in traffic; that some improvements may not happen; however, the traffic is still present; that other mechanisms should be developed to which the developer contributes, but are not time sensitive. Attorney Schenk stated that the proposed ordinance is being considered at first reading; that Staff can provide the Commission a memorandum explaining the process to complete the projects in a timely fashion prior to second reading if desired. Commissioner Quillin stated that the language concerning the three-year provision was not included in the prior site plan and rezoning approval. Attorney Schenk agreed and stated that the new language was prepared at the request of the developer, who is interested in having the improvements completed in a reasonable period of time; that the time frame was determined based on the State Statutes. Commissioner Quillin stated that the proposal is not supported; that three years is unreasonable; that the developer could proffer to place the funds in a pool with no time limit which would be acceptable; that the MPO has not accepted new projects for the last three years; that the MPO is in the process of re-timing traffic signals. City Attorney Taylor stated that as part of the concurrency review, the Engineering Department requested the developer to escrow the $7,692; that Engineering Staff is not present to explain further; that action concerning proposed Ordinance No. 02- 4362 could be delayed or a response obtained prior to second reading. Mr. Parsons referred to Section IV-506, Standards for Review, Zoning Code (1998 ed.) as follows: BOOK 51 Page 23176 05/06/02 6:00 P.M. BOOK 51 Page 23177 05/06/02 6:00 P.M. (8) Whether the proposed development, design and layout has preserved the natural features and characteristics of the land; including but not limited to the regard given to existing large trees, natural groves, watercourses, and similar natural features that would add attractiveness to the property and environs if they were preserved, natural drainage systems, natural buffering, and the use of other techniques for the preservation and enhancement of the physical environment. Mr. Parsons stated that the site is undeveloped and heavily treed; that the landscape plans indicates the contractor must review the plans with the Building Department prior to commencing any construction, which may result in saving some additional trees, furthering the objective of Section IV-506(8). Mr. Parsons continued that at its April 3, 2002, meeting, the PBLP held a public hearing and found 4 to 0, Rezone Ordinance Amendment Application No. 02-ROA-02 and Site Plan Application No. 02-SP-11 as incorporated in proposed Ordinance No. 02-4362 consistent with the City's Comprehensive Plan, the standards set forth for review in the Zoning Code (1998 ed.), and the Tree Protection Ordinance, and recommended Commission approval of proposed Ordinance No. 02-4362 subject to the indicated conditions. Mayor Mason stated that no interested persons have signed up to speak and requested that the Applicant come forward for rebuttal. Mr. Freedman came before the Commission and stated that no time limit was considered for the original site plan and rezoning approval; that the Applicant has not seen any improvements in progress and is concerned about providing the City the funds when not seeing improvements being made; that the Applicant will not jeopardize the project for $7,962; that the City should implement a system which is fair but which also relates to traffic concurrency, which is the limit of the City's review; that the Applicant will withdraw the request for the modified language SO the project is not jeopardized. Commissioner Martin stated that the statutory requirement is a concern whether the language is withdrawn or not. Vice Mayor Palmer stated that the statutory requirement is not a concern if a proffer is made. Mayor Mason stated that the City has no rebuttal and closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 02-4362 by title only. On motion of Commissioner Quillin and second of Commissioner Servian, it was moved to pass proposed Ordinance No. 02-4362 including the Applicant's withdrawal of the request for language related to the escrow funds on first reading. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Palmer, yes; Quillin, yes; Servian, yes Martin, yes; Mason, yes. Commissioner Quillin stated that the MPO will not accept new projects in 2002; that MPO funding is required on most projects; that some traffic improvements are being made in the vicinity of Oakwood Manor Mobile Home Park. Vice Mayor Palmer stated that the Commission should recommend Staff develop a proposal or policy agreeable to the development community and the City regarding escrowing funds over a certain period of time for traffic improvements requiring more than three years. Mayor Mason stated that the Commission's consensus is for Staff to develop a proposal or policy agreeable to the development community and the City regarding escrowing funds over a certain period of time for traffic improvements requiring more than three years. 15. QUASI-JUDICIAL PUBLIC HEARING RE: : PROPOSED ORDINANCE NO. 02-4377, TO REZONE A t .24 ACRE SITE LOCATED t 100 FEET NORTH OF THE INTERSECTION OF TUTTLE AVENUE AND BAHIA VISTA STREET FROM THE SINGLE -FAMILY RESIDENTIAL-4 (RSF-4) ZONE DISTRICT TO THE OFFICE, PROFESSIONAL BUSINESS (OPB) ZONE DISTRICT, I AS MORE PARTICULARLY SET FORTH HEREIN; SAID PROPERTY BEING LOCATED AT 1117 SOUTH TUTTLE AVENUE ; PROVIDING FOR CONDITIONS OF THE REZONING; ETC. (TITLE ONLY) (APPLICATION NO. 02-RE-05, APPLICANT BRUCE FRANKLIN, LAND RESOURCES STRATEGIES, INC. AS AGENT REPRESENTING CHINA HEALING CENTER, INC., AS CONTRACT VENDEE, AND MARY J. BOOK 51 Page 23178 05/06/02 6:00 P.M. BOOK 51 Page 23179 05/06/02 6:00 P.M. EMBRY , AS OWNER) PASSED ON FIRST READING WITH THE STIPULATION THE TRAFFIC ANALYSIS WILL BE CORRECTED PRIOR TO SECOND READING (AGENDA ITEM IV-B-2) CD 7:22: through 7:35 Mayor Mason referred to the Agenda Request Form indicating that proposed Ordinance No. 02-4377 is to rezone a t .24 acre site located t 100 feet north of the intersection of Tuttle Avenue and Bahia Vista Street with an address of 1117 South Tuttle Avenue from the Single-Family Residential-4 (RSF-4) Zone District to the Office, Professional Business (OPB) Zone District; that the Applicant is Bruce Franklin, Land Resources Strategies, Inc., agent for China Healing Center, Inc., as contract vendee, and Mary Embry, as owner. Mayor Mason requested that Commissioner ex parte communications, if any, be disclosed. Mayor Mason, Vice Mayor Palmer, and Commissioners Martin, Quillin, and Servian stated that no ex parte communications have occurred. Mayor Mason opened the public hearing and requested that the Applicant come forward. Bruce Franklin, President, Land Resource Strategies, Inc. representing the property owner, Mary Embry and the Contract purchasers Dr. and Mrs. Frank Shao, came before the Commission and stated that the property located at 1117 South Tuttle Avenue is in the RSF-4 Zone District; that the request is to rezone to the OPB Zone District; that the existing zoning is an enclave under the City's Comprehensive Plan, also called the Sarasota City Plan (City's Comprehensive Plan) ; that the enclave is being eliminated; that the OPB Zone District is an implementing zone district for the Community Office Institute Land Use Classification; that no site plan is proffered; that some uses normally permitted in the OPB Zone District were proffered out as follows: adult day-care, family day-care centers, financial institutions, and radio and television stations. Mr. Franklin referred to a zoning subdivision map included in the Agenda backup material and displayed on the Chamber monitors and stated that the project will involve an administrative site plan review as the project is under 3,000 square feet; that the property is .24 acres which will only sustain a 1,600-square- foot building due to parking limitations; that one driveway is on Tuttle Avenue with a small building and retention area in the rear; that the building has been shifted to the south to save existing trees which were surveyed; that the Applicants agree with the stipulations. Commissioner Martin referred to the Zoning/Subdivision Map and asked the status of the small parcel on the northwest boundary of the property. Mr. Franklin stated that attempts have been made to contact the landowners to purchase the small parcel but have been unsuccessful; that a wooden fence was constructed to make the building less obtrusive to the residential property further north and west. Mayor Mason requested that Staff come forward for the City's presentation. Allen Parsons, Senior Planner II, Planning Department, came before the Commission; referred to the Zoning/Subdivision Map displayed on the Chamber monitors and indicated the small parcel on the northwest boundary of the property; and stated that the small parcel is a substandard size for residential development or even office use if rezoned and has access issues at the corner of Tuttle Avenue and Bahia Vista Street; that Rezoning Application No. 02-RE-05 is to approve a rezoning of t 24 acres located + 100 feet north of the intersection of Tuttle Avenue and Bahia Vista Street from the RSF-4 Zone District to the OPB Zone District; that no site plan has been proffered; that the Applicant has proffered use restrictions and a limitation upon the maximum size of the proposed structures; that at its April 3, 2002, meeting, the Planning Board/Local Planning Agency (PBLP) held a public hearing and found 4 to 0, Rezoning Application No. 02-RE-05 as incorporated in proposed Ordinance No. 02-4377 consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition, the standards set forth for review in the Zoning Code (1998 ed.), and the Tree Protection Ordinance, and recommended Commission approval of proposed Ordinance No. 02-4377 subject to the following conditions: 1) the use of the rezoned property will be limited to uses allowed in the OPB Zone District except those proffered out, 2) the cumulative maximum size the structures shall be less than 3,000 square feet. BOOK 51 Page 23180 05/06/02 6:00 P.M. BOOK 51 Page 23181 05/06/02 6:00 P.M. Commissioner Quillin asked if placement of the building toward the street and the parking and retention pond toward the rear is at the discretion of the developer? Mr. Parsons stated that the placement is an option; however, the OPB Zone District has a 20-foot setback requirement; that the site is small; that relocating the bullding back further would be difficult. Commissioner Quillin stated that a building instead of a parking area is more consistent with existing buildings on Tuttle Avenue. Mr. Parsons stated that the OPB Zone District forces the 20-foot setback requirement; that the new Zoning Code (2002 ed.) adopted last week eliminates the OPB Zone District; that selection of a new office district would be required to allow moving the building forward if the proposed parcel were rezoned after June 28, 2002. Commissioner Quillin referred to the memorandum from Sam Freija, Traffic Engineer, to Jane Robinson, Director of Planning, regarding Transportation Concurrency Analysis and Traffic Circulation Review, dated October 26, 2001, included in the Agenda backup material and asked for clarification as the memorandum indicates the property reviewed is on Cocoanut Avenue rather than on Tuttle Avenue. Mr. Parsons stated that the location indicated in the memorandum is a mistake. Commissioner Quillin stated that the Commission does not have competent or substantial evidence to indicate the correct location was reviewed; that the subject property is only 200 feet from a major intersection. Vice Mayor Palmer stated that the address on the Traffic Concurrency Analysis is the Applicant's Agent. Commissioner Quillin agreed but stated that the Traffic Concurrency Analysis is evidence concerning traffic concurrency for the quasi-judicial public hearing; that evidence as to the impact on Tuttle Avenue is not before the Commission. Sarah Schenk, Attorney, City Attorney's Office, came before the Commission; referred to the Traffic Concurrency Analysis; and stated that the address of the subject property is correctly indicated as the northeast corner of Tuttle Avenue and Bahia Vista Street. Commissioner Quillin referred to the Traffic Concurrency Analysis and stated that Cocoanut Avenue is indicated as the location. Mr. Parsons stated that a response should be provided by Engineering Staff. Commissioner Quillin stated that the Commission must have competent and substantial evidence. Attorney Schenk referred to the October 26, 2001 memorandum and stated that the subject line indicates the northeast corner of Tuttle Avenue and Bahia Vista Street. Vice Mayor Palmer stated that the body of the memorandum indicates Cocoanut Avenue. Commissioner Quillin concurred. Mr. Franklin referred to the Traffic Concurrency Analysis and stated that the subject property address is correct; that the analysis was completed at the correct location. Commissioner Quillin stated that the memorandum indicates Cocoanut Avenue. City Attorney Taylor stated that the proposal can be postponed to another meeting or corrected by the Engineering Department prior to second reading. City Auditor and Clerk Robinson stated that no interested persons have signed up to speak. Mayor Mason stated that neither the Applicant nor the City has any rebuttal; and closed the public hearing. Mayor Mason closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 02-4377 by title only. On motion of Vice Mayor Palmer and second of Commissioner Servian, it was moved to pass proposed Ordinance No. 02-4377 on first reading with the stipulation the Traffic Concurrency Analysis will be corrected prior to second reading. Mayor Mason BOOK 51 Page 23182 05/06/02 6:00 P.M. BOOK 51 Page 23183 05/06/02 6:00 P.M. requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Quillin, yes; Servian, yes, Martin, yes; Mason, yes; Palmer, yes. 16. PRESENTATION RE : REPORT REGARDING SCOPE (SARASOTA COUNTY OPENLY PLANS FOR EXCELLENCE) CD 7:36 through 7:49 Timothy Dutton, Executive Director of Sarasota County Openly Plans for Excellence (SCOPE), came before the Commission and stated that the Community Report Card with indicators concerning the community will be presented; that the Community Report Card is one of three major SCOPE projects annually; that Traffic Flow and Congestion, and Affordable Housing are the remaining two; that 101 indicators are in the Community Report Card; that the Community Report Card elicits action and questions from the public regarding community issues. Mr. Dutton referred to graphs representing the results of key indicators from the Community Report Card displayed on the Chamber monitors and stated that County-level indicators are presented; that neigabornod-Dased indicators are being developed for future review; that eight key topic areas were reviewed: 1) Civic Participation, 2) Culture and Recreation, 3) Economy, 4) Health, 5) Learning 6) Natural Environment, 7) Social Environment and 8) Transportation and Mobility. Mr. Dutton stated that an indicator for Civic Participation is the percentage of voting age population registered; that Sarasota is above the State and National average for the percentage of voting age population registered; that an indicator for Culture and Recreation is County Park attendance per capita for the past five years; that park attendance is calculated by counting cars in parking lots and park sign-in sheets; that a decrease in attendance at beaches occurred in 2001 due to cold weather and shark scares; that library usage in Sarasota is high; that library operating income per capita is competitive in the State; that a review of the indicators for the Economy indicates differences between per capita income for people with unearned income compared to jobs with salaries; that new construction in the community has experienced a 60 percent growth over the past five years; that jobs increased in the service sector and decreased in the government sector from 1995 through 2000.; that race and income levels affect the indicators of Health; that the Hispanic population across the Country has low birth-weight babies due to lifestyle and diet; that the low birth-weight rates worsen the longer an immigrant remains in the Countryi that Florida has one of the highest number of HIV cases per 100,000 people in the Nation; that the County compares favorably to the State in the number of HIV cases per 100,000 people; that the number of newly reported HIV cases has increased during 1999 and 2000 and should be carefully monitored; that the number of HIV cases also has a disproportionate impact on the African-American community; that adult learning opportunity data was difficult to obtain; that data concerning the number of general equivalency diplomas (GED) awarded is unavailable. Commissioner Quillin stated that GEDS are issued through the Adult Education Program, which should be able to provide the information. Mr. Dutton stated that the Adult Education Program cannot provide the number of GEDs granted each year; that the data is not available at the local level; and continued that in 1999 a different formula was used at the local level to calculate school absenteeism, which is the reason for the significant change in the absenteeism rate for 1999-2000; that in 2000-01, 15.7 percent of local children were absent a month or more during the school year; that the minimum number of days reported absent is 21; that Law Enforcement was unaware of the number of truancies in the Sarasota area; that the high school dropout rate is good compared to the State; that African-American and Hispanic dropout rates decreased but are nevertheless two to three times higher than the dropout rate for whites; that due to slow change in the indicators for Natural Environment, data is difficult to calculate over a five-year period; that an indicator of the Natural Environment is the number of manatees which has increased over the past six years. Mr. Dutton continued that the indicators for Social Environment indicates a significant amount of alcohol is purchased in Sarasota; that Sarasota has a high alcohol sales per capita which is increasing faster than the State; that the number of youth alcohol offenses per 1,000 is also much higher and increasing faster than the State; that weekday ridership on the Sarasota County Area Transit (SCAT) is stable; that a decline occurred from 1997 to 1998 due to the increase in fare from $.25 to $.50; that gasoline consumption per gallon increased and exceeded the State and National averages in 2000; that the Commission is encouraged to read the Community Report Card. BOOK 51 Page 23184 05/06/02 6:00 P.M. BOOK 51 Page 23185 05/06/02 6:00 P.M. Mayor Mason stated that the presentation was interesting and educational and thanked Mr. Dutton for the presentation. The Commission recessed at 7:50 p.m. and reconvened at 8:02 p.m. 17. CITIZENS' INPUT CONCERNING CITY TOPICS CD 8:02 through 8:08 The following people came before the Commission: John Fulton, P.O. Box 48478, (34230), stated that the Commission is complimented for investigating the Sarasota Police Department (SPD) Officers and insisting on replacing the Chief of Police; that attempts have been made to contact SPD concerning personal matters to no avail; that the Commission should review the State Statutes prior to implementing the ordinances concerning panhandling and camping; that he has been arrested several times and been to court since his last appearance before the Commission; that community service is being performed; that probation is currently being served; that an investigation should have affected the court's decisions regarding personal foreclosure, divorce and custody problems; that an attorney generally represents the City in court; that the attorney may work at the will of the Commission; that the hope is the attorney does not represent directly the Commission's views; that the proceedings in court were disappointing; that a more positive attitude from the attorneys representing the Commission was anticipated. Commissioner Servian stated that a change to the Orders of the Day is requested; that an item to which Edward Whitehead, Deputy Chief, Sarasota Police Department, is to respond was removed from the Consent Agenda; that the Deputy Chief has been up since the middle of the night due to a Police emergency. City Manager McNees stated that several items on the Agenda will require a response from the Deputy Chief; that the Deputy Chief will remain for the entire meeting; that suggesting a change to the Orders of the Day is nevertheless appreciated. 18. UNFINISHED BUSINESS : DISCUSSION RE : REQUEST FROM A CONSULTANT TO REFINANCE THE DEBT OF COASTAL BEHAVIORAL HEALTHCARE, INC. FORMERLY COASTAL RECOVERY CENTERS, INC. ON THE CITY-OWNED PROPERTY ON TENTH STREET - APPROVED THE ADMINISTRATION'S RECOMMENDATION TO DISCUSS RENEGOTIATION OF THE LEASE AGREEMENT AND PURCHASE OF THE CITY-OWNED PROPERTY AT TENTH STREET WITH COASTAL BEHAVIORAL HEALTHCARE, INC., IF THE INTENT OF THE 1991 COMMISSION CONCERNING THE SERVICES PROVIDED CAN BE FULFILLED (AGENDA ITEM VII-1) CD 8:08 through 8:26 V. Peter Schneider, Deputy City Manager, came before the Commission and stated that Coastal Behavioral Healthcare, Inc. (CBH), formerly Coastal Recovery Centers, Inc., currently leases and is interested in refinancing the debt on the facilities on City-owned property on Tenth Street; that to accomplish the refinancing, CBH is interested in purchasing the City-owned property on which the facilities are located; and referred to an April 16, 2002, letter included in the Agenda backup material from City Manager McNees to Deborah Golden-Gestner, CBH's funding consultant, indicating the sale of the property is not supported due to the existing restrictions in the Lease Agreement as to use. Mr. Schneider stated that in response to a request from CBH in 1997, the Commission approved the Addendum to Lease and Agreement (Addendum), which is included in the Agenda backup material; that the Addendum indicates CBH cannot request any further modifications to the lease, tri-party agreement, or Addendum for the remaining balance of the lease term; that based on the Commission's action, the Administration is of the opinion no authorization exists for Staff to discuss or negotiate any modifications with CBH. The following people came before the Commission: Dr. Christine Cauffield, President and Chief Executive Officer, Coastal Behavioral Healthcare, Inc., 3830 Bee Ridge Road, (34233), Deborah S. Golden-Gestner, Consultant, 12227 Summer Meadow Drive, Lakewood Ranch, Bradenton (34202), and Dan Bailey, Esquire, of Williams, Parker, Harrison, et al. Ms. Golden-Gestner stated that CBH has a variety of properties in various locations and has negotiated and renegotiated contracts to expand services with the State including additional services in the City; that CBH is required to provide services in the City due to the closure of the G. Pierce Wood facility in Arcadia; that grants from the State and Federal government cannot be obtained until CBH's financial situation is restructured; that a financing commitment has been obtained from Provident Bank; however, the terms of the commitment must change BOOK 51 Page 23186 05/06/02 6:00 P.M. BOOK 51 Page 23187 05/06/02 6:00 P.M. due to the Lease Agreement with the City; that the funding amount must also change. Ms. Golden-Gestner continued that in 1991, the City assisted in the development of the homeless complex on Tenth Street; that two parcels of land were bound together through a purchase; that CBH had the use of one parcel; that the City had the use of the other parcel; that CBH entered into the Lease Agreement with the City and built the present facility; that in 1997, CBH renegotiated the lease on the property; that the City changed a section of the lease allowing the City to sell the remaining property and eventually sold the property to WWSB-TV, Channel 40; that CBH would like to discuss purchasing the property on which CBH's facility is located; that a short-term solution is for the Commission to amend the Lease Agreement to allow CBH to refinance; that a long-term relationship is necessary with the City. Dr. Cauffield referred to computer-generated slides concerning the Kreisman Center Crisis Stabilization Unit (CSU) of Coastal Behavioral Heathcare, Inc., displayed on the Chamber monitors throughout the presentation and stated that 90 percent of the people served at the CSU are low income and below poverty guidelines; that CSU provides brief intensive mental health services to children and adults experiencing acute psychiatric crisis otherwise requiring hospitalization; that the goal of the CSU is to stabilize patients presenting an imminent danger to themselves or others and then refer the patients to another facility with a reduction in symptoms; that the average length of stay at the CSU is five days; that the Children's Crisis Stabilization Unit (CCSU) is comprised of 15 beds, five of which accommodate both mental health patients hospitalized under the State's Baker Act and children suffering from addictions; that the services primarily support children from Sarasota County including the City of Sarasota; that children from surrounding counties, i.e., DeSoto, Charlotte, Hendry, Glades, Lee, and Collier Counties, are supported by State funding; that the Adult Crisis Stabilization Unit (ACSU) is comprised of 20 beds; that adults must come from either Sarasota or Desoto County to receive ACSU services; that State funds cover patients from Sarasota and Desoto Counties; that the ACSU receives involuntary and voluntary referrals from five hospitals, i.e., Sarasota Memorial, Doctors Hospital, Venice Hospital, Englewood Hospital, and Desoto Memorial; that three law enforcement agencies work closely with the ACSU: Sarasota Police Department, Sarasota County Sheriff's Department and DeSoto County Sheriff's Department; that patients are also referred to the CSU by mental health practitioners and social service agencies; that the services provided by the CSU are: 1) emergency screening, 2) mediation management, 3) individual, group and family therapy, 4) referrals to extended treatment, 5) discharge planning, and 6) Baker Act training to local law enforcement agents and other community service providers; that the admission criteria is someone in distress due to mental illness; that two categories of individuals are admitted to the CSU: 1) a person who, without care or treatment, will likely suffer from neglect or who refuses to care for themselves, posing a real and present threat of harm to well-being, and 2) a person who, without care or treatment, will cause serious bodily harm to himself or others in the future as evidenced by recent behavior; that from 1998 through 2001, CCSU admissions have declined; that due to the G. Pierce Woods Closure, more funding has been received to perform diversionary treatment, providing other available options; that from 1998 through 2001, ACSU admissions declined as three teams serviced 100 patients each reducing the log jam at the ACSU; that CBH is working closely with Sarasota Memorial Hospital and other service providers to fulfill all the community's needs. Dr. Cauffield continued that the following are reasons to purchase the Tenth Street property: 1) CBH has grown from a $10 to $20 million agency from 1990 to 2002, 2) the current lease limits the ability to conduct good business and to expand operations on the property to meet the State's suggested number of beds 3) a balloon loan is due July 2002 and must be refinanced, 4) the current balloon loan is fully supported by CBH without City assistance, 5) the debt is currently being consolidated to take advantage of a lower interest rate, to remove current and future banking complexities, and to redirect saving through the purchase of the CBH building to support the growing operations; that by refinancing, CBH will have a lower payment and additional funds to provide more services; that the benefit of purchase is CBH's investment in the City and the Tenth Street property with the CSU facility; that CBH provides support and maintenance to the building; that the purchase will allow for a possible expansion of the CSU and for easier financing for future growth; that CBH recommends the funds from the sale be used in the City's new Enterprise Zone for revitalization efforts. Dr. Cauffield stated further that CBH's commitment to the City is: 1) an initial construction of a building currently valued at $2.4 million dollars, 2) an expansion of services including children's detoxification services, 3) charity care services annually at CSU BOOK 51 Page 23188 05/06/02 6:00 P.M. BOOK 51 Page 23189 05/06/02 6:00 P.M. valued at approximately $2.2 million, 4) continued building improvements, and 5) possible future expansion of the building and programs. Attorney Bailey stated the Administration's recommendation is for the Commission to authorize Staff to open discussions with CBH regarding revisions to the Lease Agreement and possible purchase of the property is appreciated; that the Commission is requested to authorize the Administration to receive information concerning the possible purchase of the property and identification of issues to assure the City's goal of continuing the CSU services is met; that the CSU's services are dictated by grant conditions which funded the CSU construction; that the concerns of the Administration must be addressed; that the Addendum to the Lease Agreement executed between the City and CBH in 1997 leaves little room for discussion; that the Commission is requested to allow the Administration to discuss amending the Lease Agreement to authorize a refinancing and hear a proposal for purchase of the property. Commissioner Martin asked for comment from the Administration in view of the April 16, 2002, letter indicating a sale of the property is not supported. City Manager McNees stated that a prior Commission inserted specific language in the Lease Agreement indicating no further negotiations would be allowed; that negotiations with CBH can begin upon direction of the present Commission; that the prior Commission was interested in assurances the use would be protected; that all issues regarding renegotiating the Lease Agreement or purchasing the property should be discussed with permission from the Commission. Commissioner Servian stated that the Administration is supported; that the best benefit to the City should be the guiding factor; that any contingencies of the sale should result in the continued operation of CBH at the Tenth Street location. Commissioner Quillin stated that the CBH is not located in the Enterprise Zone; that the City should not be limited to the use of the funds if the City sells the property; that discussions between the City and CBH are supported; that the Administration should make a recommendation to the Commission; that discussions should be completed in a timely manner as the balloon loan is due July 2002; that the recommendation should be provided at the May 20, 2002, Regular Commission meeting. On motion of Vice Mayor Palmer and second of Commissioner Quillin, it was moved to approve the Administration's recommendation to discuss renegotiation of the Lease Agreement and purchase of the City-owned property at Tenth Street with Coastal Behavioral Healthcare, Inc., if the intent of the 1991 Commission concerning the services provided can be fulfilled. City Manager McNees stated the City Attorney should be involved; that approval to provide a recommendation at the June 3 rather than the May 20, 2002, Regular Commission meeting would be appreciated. Mayor Mason stated that hearing no objections, the recommendation can be presented at the June 3, 2002, Regular Commission meeting. Commissioner Martin stated that concern for the City's interest is shared; that CBH is providing a service to the community and has a new burden due to the closing of G. Pierce Woods; that CBH should be as efficient in the use of grant funding and providing services in the community as possible. Mayor Mason called for a vote on the motion. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. 19. UNFINISHED BUSINESS: APPROVAL RE: : IN-KIND SERVICES FOR THE 2002 BICYCLE STREET FEST AND SUNDOWN CRITERIUM ON MAY 18, 2002 - APPROVED THE REQUEST FOR FUNDING $9,391 OF IN-KIND SERVICES WITH THE FOLLOWING STIPULATIONS : THE COUNTY WILL PROVIDE ALL BARRICADES AND PROTECTIVE FENCING, VOLUNTEERS WILL BE PROVIDED TO STAFF PEDESTRIAN CROSSINGS, THE COUNTY WILL DEMONSTRATE EQUIVALENT FINANCIAL PARTICIPATION TO THE CITY, A FINANCIAL REPORT WILL BE MADE BY THE COMMITTEE AND BROUGHT BACK TO THE COMMISSION, AND THE CITY WILL CONDUCT A TOTAL ANALYSIS OF CITY STAFF TIME AND COSTS (AGENDA ITEM VII-2) CD 8:26 through 9:13 V. Peter Schneider, Deputy City Manager, came before the Commission and stated that the 2002 Bicycle Street Fest and Sundown Criterium (Fest and Criterium) will be held on May 18, 2002, in Downtown; that bicycle races will take place from 2 to 11 p.m.; that streets will be closed to accommodate the races beginning at 12 noon; that streets will reopen between 11 p.m. BOOK 51 Page 23190 05/06/02 6:00 P.M. BOOK 51 Page 23191 05/06/02 6:00 P.M. and 12:00 midnight; that access to the area within the race course will be controlled and restricted to pedestrians only; that pedestrian crossing points will be staffed by race volunteers. Mr. Schneider continued that the Street Fest portion of the event will be held on Lemon Avenue between First and State Streets and at Five Points Park; that the County requested the City provide the necessary City services at no cost to the event; that the County provided the City with an estimated County financial participation to the event; that the amount of the County's contribution was obtained today and was distributed to the Commission; that the estimated cost of the services from the City is $2,975 for Public Works and $6,416 for the Sarasota Police Department; that a special appropriation of $9,391 is required if the Commission approves providing the services. Vice Mayor Palmer referred to correspondence dated May 6, 2002, to V. Peter Schneider, Deputy City Manager, from Alexander Boudreau, P.E., Engineer for Sarasota County, regarding the Fest and Criterium and the County's financial participation and asked for an overview. Mr. Schneider stated that a County representative is present to clarify the correspondence and can respond if desired. The following people came before the Commission: Philip Dasher, 929 Boulevard of the Arts, (34236), Chairman of the Sarasota County Bicycle Pedestrian Committee, Jean Andre Vallery, 4250 Brackenwood Court, (34232), active cyclist and webmaster for the Fest and Criterium, Judy Dean, 2680 Aspinwall Street, (34237), President of The Finer Places Media Group and a volunteer for the Criterium Task Force, Rand Carter, 505 Beatrice, Venice, (34285), Race Director for the Fest and Criterium, and Bill Wetherington, 1626 Ringling Boulevard, (34236). Ms. Dean distributed 2002 Bicycle Street Fest and Sarasota Sundown Criterium packets and stated that The Finer Places focuses on tourist locally and globally; that a weekly tourism radio show is produced; that involvement in the Fest and Criterium promotes tourism, benefits charitable organizations, and increases business during off tourism season. Mayor Mason stated that a presentation of only the highlights of the Fest and Criterium would be appreciated. Ms. Dean stated that May was selected due to off season tourism; that Downtown businesses have provided input regarding the event; that consensus proved the event would bring families to Downtown at a time street traffic would be minimal; that the City verified the Criterium Task Force (Task Force) sign-off sheets which indicated support of the local business community; that meetings were held with local businesses regarding concerns; that golf carts were donated to Patrick's Restaurant to accommodate valet parking concernsi that the City has been promoted in all publicity materials; that the Fest and Criterium website promotes the City; that the event is expected to grow in future years; that a similar event in Altona, Pennsylvania, generates $5 million to the economy annually; that cyclists are energetic and have significant funds to spend. Mr. Vallery stated that bicycling is the best method of creating a community without automobiles; that the bicycling community donates time and money to local and national non-profit groups to assist children and adults. Mr. Carter stated that the event will promote cycling in the City; that responsibilities include safety at the event. Mr. Dasher stated that child safety is an aspect of bicycle street fests; that helmets, parental information, and participation in schools programs have been provided; that safe cycling is promoted. Jack Fehily, Co-owner of Patrick's Restaurant (Patrick's), 2000 Tanglewood Drive, (34239), stated that the race begins at 12 noon; that no cars will be allowed into the perimeter of the area of the race which is the Downtown area until 12 midnight; that the Downtown businesses are being quarantined from vehicular traffic; that an estimated 6,000 people are anticipated; that the valet parking at Patrick's cannot be utilized; that Saturday night is Patrick's busiest night; that Pineapple Avenue will be barricaded from First Street to Ringling Boulevard; that valets will have to pick up and drop off customers three blocks awayi that the First United Methodist Church parking lot will be blocked; that an unexpected funeral may be a concern; that several parking lots are affected; that Downtown businesses will be financially affected; that 24 of the 57 employees on the night shift crew at Patrick's will not be able to park; that Patrick's closes at 12 midnight; that staff BOOK 51 Page 23192 05/06/02 6:00 P.M. BOOK 51 Page 23193 05/06/02 6:00 P.M. will have to walk four or five blocks to vehicles; that the event will deny access to regular Patrick's customers; that Patrick's has supported several events in the Downtown area for the past 17 years; that businesses will suffer financial disaster due to the Fest and Criterium. Commissioner Quillin stated that a response from the County would be appreciated. Alexander Boudreau came before the Commission and stated that responsibilities include coordinating the Fest and Criterium and working with the Task Force. Commissioner Quillin asked for clarification regarding the County's participation. Mr. Boudreau stated that the County will provide a total of $12,200 for in-kind and direct services. Commissioner Quillin asked for clarification. Mr. Boudreau stated that the contribution is for Staff, supplies, printing, permitting fees, and Sarasota County stage and barricades; that a detailed list is not available at the present time. City Manager McNees stated that the marketing of the Fest and Criterium was successful with 40 sponsorships for the event; that good brochures have been produced; that marketing should not be sO far in advance of permitting if the Fest and Criterium will be a traditional event; that the Commission is placed in a position of supporting the event or disappointing many people. Mr. Boudreau stated that members of the Task Force are presenti that the concern is understood. Commissioner Quillin asked the reason the race could not have been on a Sunday? Mr. Boudreau stated that a bicycle event can be held at any time; however, a family event centered around cycling should be in an area with additional outside interests; that nine races will take place; that a person may watch one race and may window shop while waiting for the next race. Vice Mayor Palmer asked if a representative of the Downtown Association could address the concerns regarding parking. Commissioner Quillin stated that the Task Force sign-off sheets provide support of the local business community. Vice Mayor Palmer stated that clarification of the Downtown Association's support for the event taking place on a Saturday and cutting off parking to the Downtown area is requested. Paul Thorpe, Executive Director, Downtown Association of Sarasota County, Inc., came before the Commission and stated that the Downtown Association is aware of the problems; that the guidelines of the special events permits have been followed; that the Downtown Association requested the Task Force to obtain the required number of signatures; that 70 percent of the signoffs were obtained. Vice Mayor Palmer asked if the City obtained the signoffs. Commissioner Quillin stated no. Mr. Thorpe stated that parking is available on First Street in the City parking lots; that a suggestion was for the trolley to make runs to the County garage; that future events should take place on a Sunday. Vice Mayor Palmer stated that problems will be created for the Downtown churches on a Sunday. Commissioner Quillin stated that problems will not be created in the afternoon. Mr. Thorpe stated that Saturdays are a problem for the Farmers Market. Vice Mayor Palmer stated that the Commission is supportive of the event; however, the concerns and conflicts are being presented late; that flyers concerning the event are all over town; that the Commission does not have a choice at this time; that the amount of staff, money, and time indicated in the County's correspondence does not include City Staff time; that an equitable cost analysis to determine City and County contribution is not established in the correspondence provided. BOOK 51 Page 23194 05/06/02 6:00 P.M. BOOK 51 Page 23195 05/06/02 6:00 P.M. Commissioner Quillin stated that County funds are contributed by City taxpayers; that the Task Force obtained the necessary signoffs; that the signoffs were brought to the City; that the City decided to send City Staff to clarify the signoffs; and continued that a full rate is being charged for Police Officers; that the event could fall under the Extra Duty Employment Program at a lower rate; that originally nine to ten police officers were indicated as being required; that the Police Citizen Volunteer Program is also available to assist; that alternatives can be considered to assist with the event; that the $6,416 for Police assistance could be less; that 19 to 20 Police Officers are not necessary for a bicycle race; that the event is supported; however, the timing in the presentation to the Commission causes reservations. Mr. Boudreau stated that the Task Force is aware of the Commission's concerns and will address the concerns prior to next year's event. Commissioner Quillin stated that next year the City will be involved in the City's 100th Anniversary Celebration. Commissioner Servian stated that the participants in the Police Citizen Volunteer Program are not trained for traffic control; that the Volunteers would be putting themselves and possibly other people at risk and asked for clarification of the chronology of events leading to the Fest and Criterium request and the number of Police Officers and funds allocated. Mr. Schneider stated that the initial list of street closure signatures submitted was not on a City form; that the City form has a space for agreement or disagreement and any comments; that the initial list contained only names, addresses, and signatures with a number of lines with no addresses or no signatures and repeat signatures; therefore, City Staff verified the signatures; that the result was 70 percent in favor of the event and 30 percent against the event; that the street closure criteria had been met; that the event is of a magnitude the City has not seen in the Downtown area in the past; that the Sarasota Police Department (SPD) and the Public Works Department estimate the cost of a special event by factoring in time, length of the event, area to be covered, and the estimated number of people as well as if alcohol is served. Commissioner Quillin stated that alcohol is usually available at other Downtown events. Mr. Thorpe stated that is correct. Commissioner Quillin stated that the City has allowed alcohol at other events; therefore, a history is available to determine the cost; that the indication is three police officers will be assigned to relief and towing, which is a concern; and asked if the relief and towing start at the beginning of the event at approximately 12 noon? Mr. Boudreau stated that an answer is not known. Commissioner Quillin asked the time towing will begin? Mr. Boudreau stated that closure of the streets on the south section will begin at 10 a.m. and move north to closure at Main Street by 2 p.m. Commissioner Quillin stated that the Farmers Market is busy at 10 a.m.; that the City does not want angry vendors or marketers. Commissioner Martin stated that some confidence in the volunteers working the event, the volunteers' training and commitment, and consideration of unintended consequences is desired. Mr. Carter stated that the race course will be defined; that no vehicles except emergency vehicles will be permitted in the race course; that hay bales will be set up at major intersections; that riders who do not make the corner will not slide into traffic; that snow fencing will be set upi that the accidents which usually happen are skin abrasions; that all the cyclist wear helmets; that swing gates will be set up in alleys for rescue vehicles; that not many police officers are required once the course is locked down. Commissioner Martin asked the number of race volunteers required, the number signed up, and the type of safety training required? Mr. Carter stated that 20 volunteers are on the course at all times which is more then adequate; that 10 volunteers would be sufficient; that the Bicycle Club will also be producing volunteers; that a lack of volunteers is not a problem. Commissioner Quillin asked if the 20 volunteers are signed up and if training has been scheduled? BOOK 51 Page 23196 05/06/02 6:00 P.M. BOOK 51 Page 23197 05/06/02 6:00 P.M. Mr. Carter stated that extensive training is not required; that training can take place a couple days prior to the event. Commissioner Martin stated that information concerning the number of volunteers is helpful in determining the number of police officers required; that the event is a first for Downtown; that the City must be protected; that the SPD should plan for all circumstances; that the number of police officers assigned provides confidence; that surprises could happen; that the City should not underestimated the need for safety. Mayor Mason stated that the SPD determines the staffing necessary for special events during the permitting processing; that the SPD is included in the process to inform the applicant of staffing requirements. Mr. Schneider agreed and stated that the special events permit is disseminated to all City departments; that a determination is made as to the resources required from each department. Vice Mayor Palmer asked if the Administration wishes to make any changes in the Administration's recommendation? Mr. Schneider stated no; that the County has provided the requested information; that the recommendation is to approve the request with the stipulation the County provide the barricades and protective fences and volunteers are provided to staff the pedestrian crossings; that the event organizers intend to comply. Vice Mayor Palmer stated that the event organizers are coordinating the volunteers; that the County has demonstrated a minimum financial participation requested by the City. On motion of Vice Mayor Palmer and second of Commissioner Quillin, it was moved to the approve the Administration's recommendation to approve the request for $9,391 of in-kind services for the Bicycle Street Fest and Sundown Criterium with the stipulation the County provide all barricades and protective fencing, volunteers will be provided to staff pedestrian crossings, and the County demonstrates equivalent financial participation to the City's. City Manager McNees stated that as a last stipulation, a financial follow-up report on the event regarding revenue produced and the City's contribution should be provided to consider for any future events. Vice Mayor Palmer stated that a total evaluation of City Staff time in addition to Police and Public Works costs is also necessary; that the Commission is supportive of bicycles in the City; however, the Commission has a responsibility to know exactly the cost of such an event. Commissioner Quillin stated that police staffing should be through the Extra Duty Employment Program. Mayor Mason stated that the SPD should make the decision. Commissioner Quillin stated no; that the Commission should ma ke the decision; that the SPD made the recommendation; that the Administration has brought the recommendation to the Commission; that the Downtown Association uses the Extra Duty Employment Program. Mr. Thorpe stated that is correct; that the Downtown Association works closely with the SPD. Commissioner Quillin stated that the same police officers would be working; however, the City could save approximately $2,000. Vice Mayor Palmer stated that the Administration will save as much as possible. Edward Whitehead, SPD Deputy Chief, came before the Commission and stated that the Extra Duty Employment Program can be used if an organization contracts with the individual police officers for the lower rate; that the overtime rate must be paid under the Fair Labor Standards Act (FLSA) if the City assigns the SPD to work the event; that the rate for the Fest and Criterium is based on the City providing in-kind services and ordering the SPD to participate in the event; that otherwise the off-duty rate would be the responsibility of the race coordinators. Commissioner Quillin stated that therefore the City cannot benefit from the lower rate if the City is providing the in-kind services. Deputy Chief Whitehead stated that the City is required to abide by the FLSA. Commissioner Martin stated that the volunteers, police, the Downtown Association, and event coordinators must address the BOOK 51 Page 23198 05/06/02 6:00 P.M. BOOK 51 Page 23199 05/06/02 6:00 P.M. parking issue at the time of the event; that the volunteers should be aware of the location of parking and be placed at strategic locations to direct visitors; that the event will be negatively affected if parking is not handled well. Mayor Mason requested that City Auditor and Clerk Robinson restate the motion. City Auditor and Clerk Robinson restated the motion as to approve funding of $9,391 of in-kind services for the Bicycle Street Fest and Sundown Criterium with the stipulation the County will provide all barricades and protective fencing, volunteers to staff pedestrian crossings will be provided, the County will demonstrate equivalent financial participation to the City, a financial report will be made by the Committee and brought back to the Commission, and the City will conduct a total analysis of City Staff time and costs. Mayor Mason called for a vote on the motion. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. 20. UNFINISHED BUSINESS: ADOPTION RE: PROPOSED RESOLUTION NO. 02R-1499, APPROPRIATING $9,391 FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND TO FUND POLICE AND PUBLIC WORKS SERVICES FOR THE 2002 BICYCLE STREET FEST AND SUNDOWN CRITERIUM ON MAY 18, 2002; ETC. ADOPTED (AGENDA ITEM VII-3) CD 9:13 through 9:15 Mayor Mason referred to the Agenda Request Form included in the Agenda backup material indicating that proposed Resolution No. 02R-1499 is to appropriate $9,391 from the unappropriated fund balance of the General Fund to fund services for the 2002 Bicycle Street Fest and Sundown Criterium. City Auditor and Clerk Robinson read proposed Resolution No. 02R-1499 in its entirety. On motion of Commissioner Servian and second of Commissioner Quillin, it was moved to adopt proposed Resolution No. 02R-1499. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0) : Servian, yes; Martin, yes; Mason, yes; Palmer, yes; Quillin, yes. Commissioner Quillin stated that the hope is the Street Fest and Criterium will be a major success; that the City should be more involved in the planning; that the County indicated contributions equaling $12,200; however, a percent of the funds are City tax dollars; that the City taxpayers are now contributing an additional $9,391; that the funding should be more equitable; that the Sheriff's Department was interested in participating; however, other commitments preclude the participation of the Sheriff's Department; that best wishes are extended to the promoters of the Street Fest and Sundown Criterium. 21. UNFINISHED BUSINESS: REPORT RE: : PAYNE PARK SKATE PARK - APPROVED TO REJECT THE RESPONSE TO THE REQUEST FOR PROPOSALS FOR A SKATE PARK IN PAYNE PARK, AUTHORIZE THE ADMINISTRATION TO PROCEED WITH THE PROCESS RECOMMENDED BY STAFF I AND APPOINT SEVERAL PEOPLE SUCH AS RICHARD SHELDON AND PHILIP CHIOCCHIO AS WELL AS OTHER SKATERS WHO MAY BE RECOMMENDED TO THE CITY'S COMMITTEE TO PROVIDE INPUT TO THE PROCESS (AGENDA ITEM VII-4) CD 9:15 through 9:40 William Hallisey, Director of Public Works, Nancy Carolan, Director of General Services, and Duane Mountain, Capital Projects Manager, came before the Commission. Mr. Hallisey stated that the skate park at Payne Park is a unique project and involves the participation of an engineering firm, a general contractor, and a specialty contractor to construct the skating surfaces; that the City recenty issued a Request for Proposal (RFP) for a design-build option and a design-Puild-operate option for the skate park; that the hope was to receive broad-based and creative responses; that only one response was received from a team which could likely build the skate park; however, a RFP Review Committee comprised of City Staff, County Staff, a Parks Recreation and Environmental Protection Advisory Board (PREPAB) member and a knowledgeable ad-hoc member reviewed the proposal; that the RFP Review Committee was of the opinion the response could result in a skate park but included several features which are not appropriate for the City such as steel ramps which would limit future flexibility and increased maintenance costs; that the team did not demonstrate in the response prior experience in installation as a project team; therefore, the RFP Review BOOK 51 Page 23200 05/06/02 6:00 P.M. BOOK 51 Page 23201 05/06/02 6:00 P.M. Committee voted unanimously to reject the proposal; that a number of factors contributed to the less than optimal response. Ms. Carolan stated that the RFP was sent to 548 designers, contractors, and vendors; that 38 potential respondents picked up specifications; however, only one response was received; that a random sampling of the recipients of the RFP was conducted; that some recipients indicated time was not available due to other business commitments or lack of experience; that the architectural and engineering firms indicated difficulty in assembling qualified teams due to the specialized nature of the project; that parks and playground equipment vendors and skate board designers indicated other business precluded responding; that some skate park designers use plastics and modular components, which is not the type of skate park for which the City was soliciting; that Staff has developed a recommended process to allow the City to move forward with the design and construction of the skate park and maintaining the design-build element of the project. Mr. Mountain stated that the project can be completed in the same timeframe as indicated in the RFP following the process recommended by Staff; that Staff proposes to contract with a national engineering firm, Kimley-Horn and Associates, Inc. (Kimley-Horn), I with which the City has a continuing service contract and which has on staff the design engineer who helped design the skate park in North Port, Florida, and worked extensively with Team Pain, which was a subcontractor on the North Port project; that the City would enter into a contract with an existing City contractor already under contract with the City to perform the site work; that the skate surface is the most important element of the skate park; that Team Pain would be used to construct the skate suriace; that once the contractors are identified, Staff would seek approval for the design through the PREPAB; that the design would be brought to the Commission for final approval; that the plan is to have the skate park completed and operational by the spring of 2003. Mr. Hallisey stated that the key for a successful project is to assemble a construction-design-build team in addition to the Staff team to work with the designers to assure a successful project and to incorporate the knowledge of County Staff as well as the lessons learned in the construction of the North Port skate park; that the project is unique; therefore, the involvement of people with specific expertise is required sO a successful product can be delivered; that Staff is ready and willing to move forward if the recommended process is approved by the Commission. Rebecca Hale, 2713 Wisteria Place (34239), stated that as the parent of two students at Sarasota High School, a homeowner in the City, and mother of two skaters, a concern is the use of the term "skateboard" park; that two skate parks have been visited with her children, one in Clearwater and one in North Port; that the Clearwater park is an inside skateboard park, is inside a building, is designed of wood, is noisy with a loud speaker system, has no place for spectators, and has a heavy odor of perspiration; that the North Port park is a skate park and was busy with skateboarders and rollerbladers, had people of all ages from small children to grandmothers, was a family experience with picnic tables and benches for spectators, and was very impressive; that the prospect of having a skate park in the City is thrilling; that North Port had done a wonderful job with the skate park; that the hope is the park in Sarasota will be similar, i.e., outdoors, concrete, family-oriented; that the only change would be to add a pavilion for protection from the sun. Mayor Mason left the Chambers at 9:24 p.m. David Malinsky, 2050 61st Street (34243), stated that the City took the correct action by rejecting the one response to the RFP; that the action may have been a step back but was for the right reason; that the skate park must be done the right way, even if more time is necessary; that taking a couple of extra months for a project which will last years longer is a good idea; that the process is being narrowed more to the City's interests; that working with fewer companies may provide a better match with the City's objectives and a better result. Vice Mayor Palmer stated that Mr. Malinsky's work with the City's team is appreciated. Commissioner Martin stated that Team Pain built the North Port skate park; that some lessons could be learned from the construction of the North Port skate park; that some excellent reviews are heard; however, some criticisms have also been heard. Mr. Malinsky stated that some lessons could be learned; that other parks construction by Team Pain are more varied as to skill levels, types of obstacles, transitions, etc.; that some BOOK 51 Page 23202 05/06/02 6:00 P.M. BOOK 51 Page 23203 05/06/02 6:00 P.M. complaints have been heard about the obstacles at the North Port skate park; that Team Pain has the ability and the capacity to build a skate park which is suitable for everyone. Richard Sheldon, 526 South Osprey Avenue, stated that a proper skate park is capable of changing and adding and subtracting items; that an outside park which does not confine the noise is good; that the Commission is encouraged to move forward with the skate park; that nothing concerning funds has been heard at the current meeting; that the assumption is the Commission will be considering the funding aspect in the near future. Philip Chiocchio,460 South Shore Drive, (34234), stated that the progress on the skate park is exciting; that the skate park is exciting but should not be rushed; that a skate park was personally constructed and operated; that the project should be done right; that the skate surface should be done right; that Florida is hot and has significant rain; that some kind of covering, perhaps a circus tent for a circus town, should be considered; that the skate park should be distinguishable from other skate parks and should have an identity; that Sarasota is an art town; that the concrete is art and is a sculpture, which could look fabulous with different lighting if the time is taken to build the surface right; that the skate park must drain properly; that his skate park in Gainesville required filtering sO a pond was constructed with rectangles; that the skate park was the subject of an article in Roller Skating Magazine in 1980 indicating a family-recreation park oriented around rollerskating and skateboarding had been constructed; that the pond was stocked with fish; that barbecues were held; that Saturday Night Live did a parody on the skate park entitled "Ralph's Roller Disco Fish Farm"; that films were projected on the walls; that students in Sarasota are producing excellent videos and could participate; that not every skater is the best skater but many produce excellent videos which could be publicized; that the skate park at Payne Park should have a park-like atmosphere, including shade, trails, a pond, benches, etc.; that Florida Trend Magazine did an article on his skate park in which he was quoted as saying: Skaters dictate what a park will be like. The skaters do things unheard of two years ago and new parks must reflect that reality. Mr. Chiocchio stated that the article was written in 1978; that brooms were placed around the skate park as the skaters did not wish to wait for someone else to clean upi that the skaters swept and maintained the skate park; that the skaters are not criminals; that the skaters are only criminals in some places because the architecture in cities is attractive to skaters; that paths were constructed, back-yard games such as horseshoes and volleyball were held, pets were allowed; that his skate park was wonderful; that the hope is the City will allow dogs; that the City should be prepared for competitions; that parking will be a problem, not just for the skate park but also for other competitive events; that the City may wish to consider constructing a parking garage at Payne Park; that a crowd will be attracted; that his park was constructed in an industrial area sO noise was not a problem; that the loud speakers were faced towards the woods which continued for ten miles; that some current sound systems provide good fidelity with sound which does not travel far; that acoustics should be created for sound which does not travel throughout the neighborhood. Mayor Mason returned to the Chambers at 9:32 p.m. Commissioner Martin stated that the Commission previously discussed the creation of an ad-hoc committee to review the skate park and to take advantage of the special knowledge in the community; that the Commission's consensus was to appoint people to the ad-hoc committee to work with Staff; that releasing the RFP until the ad-hoc committee was formed and input provided was opposed; that Staff's recommended process is good; that the possible cost in the absence of a bid effort is a concern; that of greater concern is to assure some people who are knowledgeable about skating are involved in the process; that Staff cannot handle the process as well, as knowledgeably, or as thoroughly as if assisted by an ad-hoc committee on which skaters, people who have developed a skate park, and others serve; that additional members should be appointed to the City's committee to provide input. On motion of Commissioner Martin second of Vice Mayor Palmer, it was moved to reject the response to the Request for Proposals for a skate park in Payne Park, authorize the Administration to proceed with the process recommended by Staff, and appoint several people such as Richard Sheldon and Philip Chiocchio as well as other skaters who may be recommended to the City's committee to provide input to the process. BOOK 51 Page 23204 05/06/02 6:00 P.M. BOOK 51 Page 23205 05/06/02 6:00 P.M. Commissioner Martin stated that to move forward without using the expertise and knowledge of the people in the community would be a folly. Commissioner Quillin stated that Staff's recommendation concerning Team Pain is excellent; that Tim Payne, Owner and President of Team Pain, is known nationally; that his knowledge engenders a great deal of faith; that the skate park will not just be for skateboarders but will be available for in-line skaters, bicyclists, and others; that adding members to the ad- hoc committee is not a concern; that professionals should be employed; that Mr. Payne is one of the top professionals in the Country. Mayor Mason stated that Staff's recommendation of Team Pain is encouraging; that the intent of the motion to include interested people on the ad-hoc committee is also supported; that the motion is supported. City Manager McNees stated that Staff intends to involve many interested people and will not be designing a skate park in isolation; that hearing from the users is encouraged. Mayor Mason called for a vote on the motion. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yesi Servian, yes; Mason, yes. 22. UNFINISHED BUSINESS: ADOPTION RE: PROPOSED RESOLUTION NO. 02R-1500 APPROPRIATING $15,000 FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND TO FUND REQUIRED SPACE STUDY TO DETERMINE FUTURE OCCUPANTS FOR THE FEDERAL BUILDING AND TO PROVIDE SPACE STANDARDS FOR PLANNING FOR FUTURE CITY STAFF GROWTH PROJECTIONS, ETC. NO ACTION TAKEN (AGENDA ITEM VII-5) CD 9:40 through 9:49 City Auditor and Clerk Robinson stated that proposed Resolution No. 02R-1500 was removed from Consent Agenda No. 2 for discussion and is for approval of an appropriation of $15,000 from the unappropriated fund balance of the General Fund. for a space study for the Federal Building. Commissioner Quillin referred to the minutes of the April 15, 2002, Regular Commission meeting as follows: City Manager McNees stated that a formal analysis for the City's requirements over the next five years is being performed; that the growth of the departments is being evaluated; that a formal plan will be brought before the Commission. City Manager McNees stated that Staff will bring back a plan for Commission approval in approximately three weeks. Commissioner Quillin stated that the thought was the space study could be performed by City Staff; and asked if a consultant has been hired to perform the space study and funds have been encumbered? City Manager McNees stated that the plan was for City Staff to perform the space study; however, the Commission indicated a more sophisticated space study than could be conducted by Staff. Nancy Carolan, Director of General Services, came before the Commission and stated that Staff's understanding was a more professional and comprehensive space study was desired by the Commission to determine occupants in the Federal Building but also to provide space standards and growth projections for all City departments to assist the Administration in the planning process. Mayor Mason stated that a question was raised as to if a space study had been conducted as requested by a previous Commission. Commissioner Quillin referred to the minutes of the April 15, 2002, meeting as follows: Commissioner Quillin statéd that conducting a formal analysis of the City's requirements over the next five years is supported; that a comprehensive analysis should be performed to determine the best manner the facility can serve the public Commissioner Quillin stated that the intent was the space study would be conducted by City Staff; that the anticipated growth in City Staff is known; that the only possible future expansion in addition to the Federal Building is the City Hall Annex; that a study was previously conducted regarding expansion of the City Hall Annex. BOOK 51 Page 23206 05/06/02 6:00 P.M. BOOK 51 Page 23207 05/06/02 6:00 P.M. Commissioner Servian stated that no consensus is indicated in the minutes to fund a space studyi that a concern is statements are made and actions taken without the Commission's consensus. City Manager McNees stated that the summary minutes may not have captured the entire conversation; that the recollection is the discussion concerned the efforts of Staff to date regarding space allocation at the Federal Building; that the indication was the Commission had previously discussed a more sophisticated space study, which was not previously known; that the Administration indicated a recommendation could be returned in three weeks if the Commission was interested in a more sophisticated space study; that Staff's evaluation could not have been completed in three weeks as Staff had just begun the effort; that Staff can conduct some analysis if desired; that some benefit could be derived from sophisticated planning of setting standards for space allocations considering five-year projections; that Staff will perform the work if the Commission chooses not to approve the funding for a more sophisticated study. Mayor Mason stated that a previous space study is recalled. Commissioner Quillin stated that recommendations as to which departments would be located at the Federal Building were previously presented. Ms. Carolan stated that several previous analyses were performed; that one analysis was performed at the time of the renovation of the Chambers to determine if the Commissioners' Offices, the City Manager's Office, and the Office of the City Auditor and Clerk should move to the Federal Building; that the decision was the Chambers would remain at City Hall and be renovated; that an analysis was performed to determine the viability of relocating the Sarasota Bay Estuary Program and the Department of Housing and Community Development to the Federal Building as both entities pay rent for space; that finally, stand-alone groups without adjacency requirements were considered for relocation to the Federal Building; that the analyses were limited. City Manager McNees stated that the first priority in one analysis was the two agencies which could pay rent; however, the agencies can pay rent in any building; that a service delivery analysis seemed more appropriate; that citizen service access should be considered; that the Administration's recommendation for an appropriation is based on the perception the Commission wished to proceed with a sophisticated space study. Vice Mayor Palmer stated that the appropriation for a space study was discussed with Staff; that the City has short- and long-range requirements; that the immediate consideration is space allocation for existing Staff; that the City has not made determinations as to the programs which will be undertaken in the long-term, the staffing levels required, and the resulting space requirements; that a long-range space study may be premature; however, an analysis of current requirements is necessary; that an overall evaluation of long-term City programs is required prior to conducting a long-term space allocation study; that the preference is to manage the immediate requirements for the next 24 months. Commissioner Quillin agreed and stated that Staff can review the immediate requirements; that the City's long-terms requirements are unknown at this time; that some discussion has occurred concerning departments which will be relocated and the parking requirements. Mayor Mason asked the wishes of the Commission. Commissioners Servian stated that City Staff should perform the space analysis. Commissioner Quillin agreed and stated that therefore no action is necessary on proposed Resolution No. 02R-1500. 23. UNFINISHED BUSINESS: ADOPTION RE: ORDINANCE NO. 02-4370 AMENDING CHAPTER 34, TRAILERS, TENTS, ETC. ARTICLE II. TRAILERS, SECTION 34-17 AND 34-18 TO PROHIBIT THE USE OF MOTOR VEHICLES FOR HUMAN HABITATION, CREATING CHAPTER 34, ARTICLE IV. TO PROHIBIT CAMPING; SETTING FORTH FINDINGS AS TO INTENT AND PURPOSE; PROVIDING DEFINITIONSI PROHIBITING CAMPING GENERALLY SETTING FORTH EXCEPTIONS AMENDING CHAPTER 10, BEACHES AND WATERWAYS, ARTICLE I. GENERAL, SECTION 10-10 OVERNIGHT CAMPING PROHIBITED EXCEPT IN DESIGNATED AREAS TO CONFORM TO CHAPTER 34, ARTICLE IV, SECTION 34-40; REPEALING ORDINANCES IN CONFLICT PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOFI ETC. ADOPTED (AGENDA ITEM VII-6) CD 9:49 through 9:53 BOOK 51 Page 23208 05/06/02 6:00 P.M. BOOK 51 Page 23209 05/06/02 6:00 P.M. City Auditor and Clerk Robinson stated that second reading of proposed Ordinance No. 02-4370 concerning camping was removed from the Consent Agenda for discussion. Commissioner Quillin stated that the concern is the same as expressed at the April 15, 2002, Regular Commission meeting; that prohibiting sleeping in one's car is intrusionary, especially if the car is legally registered; that none of the other provisions of the proposed ordinance such as camping on private or public land causes concern; however, the prohibition against sleeping in one's car is not supported; therefore, proposed Ordinance No. 02- 4379 will not be supported. City Attorney Taylor stated that procedurally, an item for second reading which does not allow for public input was removed from the Consent Agenda; that a public hearing has been conducted and was previously closed; that two people signed up to speak to the item as an Unfinished Business item at the time the item was pulled from the Consent Agenda and placed for consideration under Unfinished Business; that allowing the public to speak would be inappropriate at this time; that the two people who signed up to speak were told public input would not be allowed; that the Commission would be required to reopen the entire public hearing process if wishing to hear from the public concerning second reading of the proposed ordinance. Commissioner Quillin stated that the Agendas should be revised to indicate public input will not be allowed. City Auditor and Clerk Robinson stated that the wording on the Agenda will be revised; and read proposed Ordinance No. 02-4370 by title only. On motion of Vice Mayor Palmer second of Commissioner Servian, it was moved to pass proposed Ordinance No. 02-4370 on second reading. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried (4 to 1): Martin, yes; Mason, yes; Palmer, yes; Quillin, no; Servian, yes. 24. NEW BUSINESS: APPROVAL RE: REQUEST FROM SARASOTA SISTER CITIES ASSOCIATION FOR THE CITY TO UPFRONT THE 100TH ANNIVERSARY RECEPTION IN CONJUNCTION WITH A SCHEDULED DUNFERMLINE, SCOTLAND, VISIT OF OCTOBER 12-17, 2002, IN THE AMOUNT OF APPROXIMATELY $8,406 TO INTERNATIONAL CATERING & BANQUET CENTER - APPROVED TO WAIVE THE REQUIREMENT FOR A CERTIFIED FINANCIAL REPORT FOR THIS EXPENDITURE AND AUTHORIZE THE EXPENDITURE OF UP TO $8,406 TO INTERNATIONAL CATERING AND BANQUET CENTER (AGENDA ITEM VIII-1) CD 9:53 through 10:05 City Auditor and Clerk Robinson stated that the request from the Sarasota Sister Cities Association (SSCA) to advance the funds for the cost of the 100th Anniversary Reception was removed from the Consent Agenda for discussion; that the reception is in conjunction with a scheduled visit by representatives of Sister City Dunfermline, Scotland, is for 300 people, and is estimated to cost $8,406; that the City would be reimbursed by SSCA through ticket sales. Commissioner Quillin stated that the item was removed for discussion as SSCA has requested the City provide the funding to make the deposit for the reception, which is 20 percent of the cost through the $10,000 budgeted for SSCA annually. Commissioner Quillin referred to Resolution No. 96R-873 included in the Agenda backup material and stated that the resolution concerns the Mayor's Feed-the-Hungry Program; that the SSCA was initiated in the 1970s; that the administration of the program was relatively informal; that the working relationship and the use of the City's name should be formalized; that the interpretation of use of the $10,000 budgeted for SSCA has been restricted; and referred to the Agenda Request Form from February 18, 1997, requesting financial support as follows: They [SSCA] are asking for funding to pay for costs of official foreign visitors including hotel costs, local transportation, official receptions involving foreign visitors and payment for memorabilia to present to foreign visitors. Commissioner Quillin stated that the reason for bringing approval of SSCA's request to the Commission is unknown as the reception is within the guidelines already approved; that a dinner is being held for foreign dignitaries prior to the reception; that the City should develop guidelines as to the use of the $10,000 to assist the Finance Department and SSCA sO problems of interpretation do not occur. BOOK 51 Page 23210 05/06/02 6:00 P.M. BOOK 51 Page 23211 05/06/02 6:00 P.M. Gibson Mitchell, Director of Finance, came before the Commission and stated that the request as presented is the request of SSCA; that the amount for the deposit is 25 percent; that SSCA wishes for the City to pay for the entire cost due to the City's tax exempt status; that Commission approval is required to spend the amount of funds involved. Vice Mayor Palmer stated that a financial report from SSCA was recently requested; that SSCA indicated the City had excused SSCA from issuing reports; and asked for clarification. Mr. Mitchell stated that no specific, definitive information is known. Vice Mayor Palmer stated that reinstituting some requirement is necessary. Mr. Mitchell stated that a certified financial report has not been required recently; that a certified financial report prepared by a Certified Public Accountant (CPA) will cost $400. Vice Mayor Palmer stated that the request is for a financial report, not necessarily a financial report certified by a CPA. Mr. Mitchell stated that the Commission's requirement is for a certified financial report. Vice Mayor Palmer stated that the Administration should make a recommendation; that the Commission should be provided a financial report, which should not be excused. City Manager McNees stated that SSCA should account for the funds provided by the City. Commissioner Quillin stated that a formal agreement should be developed with SSCA; that SSCA would like clarification on certain items sO Commission approval is not required each time for expenditures; that only a deposit is required for the reception at this time; that a final count has not yet been obtained and is not required until 14 days prior to the event. Mr. Mitchell stated that the potential for the expenditure is in excess of $8,000; that a check will be written for $2,002; however, the commitment is for $8,406. City Manager McNees stated that the issue is the expenditure is not being made to SSCA; that the Commission approved $10,000 for SSCA; that the current request is to write a check to a vendor to avoid the sales tax; that the Commission's approval is being requested to assure everyone is in agreement; that the suggestion for further formalization of the relationship with SSCA is also an excellent idea; that both the expenditure for the deposit and the formalization of the relationship can be accomplished. On motion of Vice Mayor Palmer second of Commissioner Servian, it was moved to approve the Administration's recommendation to: Waive the requirement for a certified annual report for this expenditure; and Authorize the expenditure of approximately $8,406 to International Catering and Banquet Center Vice Mayor Palmer stated that an expenditure of up to $8,406 will be approved; that the Administration is requested to return with a proposal to formalize the relationship with SSCA. Mr. Mitchell asked for clarification if the attendee count is more than 300 people. Commissioner Quillin stated that the reception is being held at the Van Wezel Performing Arts Hall grand foyer, which will not hold more than 300 people; that the maximum is 285 people. City Manager McNees stated that $8,406 of the $10,000 budgeted for SSCA will be paid to the vendor for the dinner; that any portion returned by SSCA through ticket sales will remain available to SSCA as currently authorized or as will be amended through any formalized program. Mayor Mason stated that the requirement for a certified financial report will be waived for the current expense only. Vice Mayor Palmer stated that is correct. BOOK 51 Page 23212 05/06/02 6:00 P.M. BOOK 51 Page 23213 05/06/02 6:00 P.M. Mayor Mason asked the time at which a requirement for a certified financial report will be discussed? Vice Mayor Palmer stated that an item concerning a requirement for a financial report, certified or otherwise, will be returned to the Commission at the time the Administration returns with a proposal to formalize the relationship with SSCA. Commissioner Quillin stated that the vendor only requires the deposit at this time; that the first check should only be for the deposit required. Mr. Mitchell stated that the first check will only be for the deposit, i.e., $2,002. Mayor Mason stated that approval of the $8,406 was requested sO additional Commission approval is not required. Mr. Mitchell stated that the next bill will be for the actual amount of the reception which is planned for October 2002. Commissioner Quillin stated that an additional 25 percent will be required 30 days in advance, after which the final bill will be paid. Mayor Mason requested that the City Auditor and Clerk restated the motion. City Auditor and Clerk Robinson restated the motion as to: Waive the requirement for a certified annual report for this expenditure; and Authorize the expenditure of up to $8,406 to International Catering and Banquet Center Mayor Mason called for a vote on the motion. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yesi Quillin, yes; Servian, yes; Mason, yes. Commissioner Quillin asked the time by which a formalized agreement with SSCA can be returned to the Commission? City Manager McNees stated that a proposal can probably be presented at the June 3, 2002, Regular Commission meeting. 25. NEW BUSINESS: APPROVAL RE: AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE THE AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF SARASOTA AND THE GEHRING GROUP, INC. FOR PLANNING AND DESIGNING EMPLOYEE BENEFIT PACKAGES FOR THE EMPLOYEES OF THE CITY OF SARASOTA APPROVED THE AGREEMENT FOR CONSULTANT SERVICES WITH THE GEHRING GROUP FOR PLANNING AND DESIGNING EMPLOYEE BENEFIT PACKAGES WITH AN AMOUNT NOT TO EXCEED $50,000, RETROACTIVE TO PAY TWO INVOICES ALREADY RECEIVED AND THROUGH THE END OF THE FISCAL YEAR (AGENDA ITEM VIII-2) CD 10:05 through 10:18 City Auditor and Clerk Robinson stated that the Agreement for Consultant Services with the Gehring Group for planning and designing employee benefit packages for City employees was removed from the Consent Agenda for discussion. Commissioner Quillin quoted the Agenda Request Form for the August 6, 2001, Regular Commission meeting for approval to engage the Gehring Group as follows: There will be no charge to the City for The Gehring Group's services. Any fees are paid by those vendors selected to provide insurance services. Vice Mayor Palmer stated that no vendor was selected. Commissioner Quillin stated that the City's not selecting a vendor is understood; that the continuation of the Gehring Group to provide services is not known; that the request is to approve up to $50,000; that expenses have already been incurred without the Commission's approval which is a concern. Gibson Mitchell, Director of Finance, and Linda McKinney, Acting Director of Human Resources, came before the Commission. Mr. Mitchell stated that the Gehring Group prepared and distributed the Request for Proposal; that the City decided not to utilize an outside company to provide medical insurance coverage to City employees; that the Gehring Group was requested to help develop a self-insurance package, make presentations to the focus group considering health insurance benefits, and negotiate with the unions; that under the original contract, the BOOK 51 Page 23214 05/06/02 6:00 P.M. BOOK 51 Page 23215 05/06/02 6:00 P.M. Gehring Group would not be compensated for the work; however, the City had continuously requested additional services; that a decision was made to develop a new contract and request Commission approval; that the services of the Gehring Group have been continuously used; that the City plans to continue using the services of the Gehring Group. Commissioner Quillin stated that funds have been expended with the Gehring Group. Mr. Mitchell stated that the Gehring Group has not been paid. Commissioner Quillin referred to a invoice for $9,500 for receipt and analysis of health insurance proposals and stated that the receipt and analysis of health insurance was not chargeable to the City under the original contract approved with the Gehring Group; that the next invoice is for $7,500 for computation of request for proposal for fully funded health insurance plan and submission to market; that both services should have been provided under the original contract which provided for no cost. Mr. Mitchell stated that is not correct. Commissioner Quillin asked for clarification. Mr. Mitchell stated that the invoices are for different expenses; that one invoice is for preparing the RFP; that the other invoice is for the analysis. Commissioner Quillin stated that the presentation to the Commission was the work would be performed at no cost, which was approved; and asked at which point the service became a cost and the reason the cost was not returned to the Commission. Ms. McKinney stated that a cost became involved at the time no third party was brought in for the City's health insurance plan and the City remained fully funded; that the original proposal assumed the cost would be assumed as part of the cost of utilizing a third party, which was the presumption; that the presumption was erroneous; that the Gehring Group was therefore incurring costs with the City's not having an avenue to address the cost while still utilizing the expertise of the Gehring Group; that the Gehring Group was very helpful with the negotiations with the unions and with the discussions with the benefits focus groupi that cost estimates for the various proposals were irequired and performed by the Gehring Group; that the City has not used the Gehring Group since that time and until a contract could be approved by the Commission; that the City would like to but cannot use the Gehring Group until the contract is approved. Commissioner Quillin stated that the Gehring Group is returning to the City with a request for payments of $9,500 and $7,500 as no third-party was identified to handle the City's health insurance. Mr. Mitchell stated that three parties were identified who were willing to handle the City's health insurance; however, the City chose not select any of the three. Commissioner Quillin stated that only certain insurance companies will insure municipalities. Mr. Mitchell stated that no proposals were received after the Request for Proposals was initially distributed; that the Gehring Group proactively solicited responses from vendors; that Staff could not have solicited responses. City Manager McNees stated that no mechanism was available to pay the bills; that the Administration is recommending paying the bills for the following reasons : 1. The Gehring Group entered into the arrangement in good faith and conducted a legitimate analysis. The City made the decision not to select any of the respondents to the RFP. 2. Staff continued to request additional work during negotiations with the unions. The Gehring Group at the City's request conducted sensitivity analysis and performed a substantial amount of work related to the City's decision to remain self funded, which was work beyond the original proposal. BOOK 51 Page 23216 05/06/02 6:00 P.M. BOOK 51 Page 23217 05/06/02 6:00 P.M. City Manager McNees stated that the Gehring Group performed the work at a risk in the absence of a contract providing for payment; that legally, the City could take the position of not paying anything; however, such position may not be right; that no additional work was undertaken until Staff presented a proposal for a contractual relationship establishing the ability to pay. Commissioner Martin stated that the funding amount of not to exceed $50,000 includes the two invoices and future services; and asked if the anticipation is the required services will cost $50,000. Ms. McKinney stated yes, if the services are utilized to the extent of $50,000; that the contract was drafted with the assistance of the City Attorney's Office with the review of the Finance and General Services Departments; that Staff did not wish be required to obtain additional Commission approval after the two invoices were paid; therefore, the suggestion was to develop the contract for up to $50,000; that the entire $50,000 may not be required. Commissioner Martin stated that the amount is dependent upon a scope of services. Ms. McKinney stated that is correct; that the scope of services includes having the Gehring Group do a cost analysis of various recommendations from the benefits focus group or Staff as the benefits issues continue being addressed; that the expertise of the Gehring Group is required for the cost analysis. Vice Mayor Palmer stated that the agreement is through the end of fiscal year (FY) 2001/02. Mr. Mitchell stated that is correct. Vice Mayor Palmer asked if the services of the Gehring Group will be required in FY 2002/03 or if the issues will be resolved? Ms. McKinney stated that the contract has a provision for renewal; that the anticipation is the City will have continued benefits issues requiring resolution. Vice Mayor Palmer asked if the benefits issues require the services of a consultant as the City does not have the expertise? City Manager McNees stated that either the services of a consultant or additional Staff with specialized expertise will be required; that consultant services are less expensive than adding full-time Staff. On motion of Vice Mayor Palmer second of Commissioner Martin, it was moved to approve the Administration's recommendation to approve the Agreement for Consultant Services with the Gehring Group for planning and designing employee benefit packages with costs not to exceed $50,000, retroactive to pay the two invoices already received and through the end of the fiscal year. Commissioner Quillin stated that situations such as the current situation are disturbing; that the Commission encumbers funds; that the agreement should have been presented and explained to the Commission; that seven insurance licenses are held; that family is in the insurance business; that the initial agreement was a surprise as the proposal was to undertake the work at no cost to the City; that hopefully, the Administration will assure better controls are in place; that approving already encumbered funds is a concern; that all agreements should be in the open; that good talent is necessary; however, approving services after the services are rendered is a concern. Mr. Mitchell stated that the situation was not intentional; that the City was in a crisis situation; that decisions and actions were required within 48 to 96 hours. City Manager McNees stated that the invoices could probably have been paid administratively: however, the preference was to obtain the Commission's approval; that obtaining approvals after services are performed is not preferred; that the Commission's concerns are heard. Mayor Mason called for a vote on the motion. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yesi Servian, yes; Mason, yes. 26. NEW BUSINESS: APPROVAL RE: AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE THE AGREEMENT FOR MEDICAL REVIEW OFFICER SERVICES BETWEEN THE CITY OF SARASOTA AND BOOK 51 Page 23218 05/06/02 6:00 P.M. BOOK 51 Page 23219 05/06/02 6:00 P.M. EMERGENCY MEDICINE OF FLORIDA, P.A., D/B/A MEDICAL TOXICOLOGY CONSULTANTS TO PROVIDE MEDICAL REVIEW OFFICER SERVICES AND WILL MEET SPECIFICATIONS REQUIRED FOR THE CITY, AS WELL AS THE POLICIES AND PROCEDURES AS DESCRIBED IN THE CITY'S DRUG-FREE WORKPLACE POLICY = APPROVED (AGENDA ITEM VIII-3) CD 10:18 through 10:21 City Auditor and Clerk Robinson stated that the Agreement for Medical Review Officer Services with Emergency Medicine of Florida, P.A., d/b/a Medical Toxicology Consultants (MTC) to provide medical review officer services was removed from the Consent Agenda for discussion. Commissioner Quillin stated that the City is a drug-free workplace; and asked if the City has established a program for random testing of City employees? Edward Whitehead, Deputy Chief of Police, Sarasota Police Department, came before the Commission and stated that the program was a subject of bargaining in the last union negotiations; that the Southwest Florida Police Benevolent Association (PBA) agreed to the program; that the program administered by MTC at the SPD is the only program other than required testing of employees at the Public Works Department to maintain the Commercial Drivers License being conducted by the City. City Manager McNees stated that the MTC program is specifically tied to employees represented by the PBA. Commissioner Quillin stated that the program should be extended throughout the City to set the standard in the community; that the City is a drug-free workplace. Commissioner Servian stated that funding for the program is required. Mayor Mason stated that expanding the program Citywide could be considered during the budgeting process. Commissioner Quillin stated that the City's budgeting process will begin shortly; that MTC or another organization could be used for a Citywide program; that a Citywide program is desired. On motion of Vice Mayor Palmer second of Commissioner Martin, it was moved to approve the agreement between Emergency Medicine of Florida, P.A., d/b/a Medical Toxicology Consultants and the City. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yesi Mason, yes. 27. APPOINTMENT RE: CITY COMMISSION REPRESENTATION ON BOARDS AND COMMITTEES = COMMISSIONER SERVIAN WILL SERVE AS THE ALTERNATE ON THE TOURIST DEVELOPMENT COUNCIL; COMMISSIONER MARTIN WILL SERVE AS AN ELECTED OFFICIAL ON THE HEALTHY START COALITION OF SARASOTA COUNTY, INC. (AGENDA ITEM IX-1) CD 10:21 through 10:30 City Auditor and Clerk Robinson stated that Commissioner representation on Boards and Committees was last considered in April 2001; that Commissioner Quillin vacated her seat on the Economic Development Board sO Commissioner Servian could assume the seat; that the Commission may wish to reorganize the representation. Commissioner Martin asked if the positions are officially for a Commissioner? City Auditor and Clerk Robinson stated yes. Commissioner Martin stated that the Children and Youth Services Advisory Council (CAYSAC) no longer exists; that a study of the grants-in-aid program for the County was conducted; that a children's and an adults' advisory committee was established, which has been combined into the Human Services Advisory Committee; that a specific seat is not identified for the City; that a number of seats are for citizens-at-large or consumer- client advocate representatives; that the City does not currently have a seat on the Human Services Advisory Committee; that four or five of the 17 members are City residents; that a request to sit on the Healthy Start Coalition of Sarasota, Inc., which has two seats for elected officials, was received; that the Commission is requested to approve his sitting on the Healthy Start Coalition of Sarasota County, Inc. Commissioner Quillin stated that the Healthy Start Coalition of Sarasota County, Inc., should be added to the list of boards and committees on which Commissioners serve. Vice Mayor Palmer asked if Commissioner Martin is officially representing the Commission? BOOK 51 Page 23220 05/06/02 6:00 P.M. BOOK 51 Page 23221 05/06/02 6:00 P.M. Commissioner Martin stated that the seat is for an elected official; therefore, he will be representing the City as an elected official. Vice Mayor Palmer stated that a request is made for Commissioner Servian to serve as the alternate on the Tourist Development Council (TDC). Mayor Mason stated that Commissioner Servian's serving as the alternate on the TDC is acceptable. Commissioner Servian stated that serving as the alternate on the TDC would be agreeable. Commissioner Quillin stated that a meeting of the 21st Century Challenge Program sponsored by Habitat for Humanity was attended as the Commission's liaison; that the Commission should remain informed of the progress of the Program; that local governments should not have voting powers regarding the 21st Century Challenge Program; that local governments have agencies which should be involved. Vice Mayor Palmer stated that a representative of the Housing and Community Development Department was in attendance. Commissioner Quillin stated that more representation from the development community is necessary; that an effort is being made to identify a representative of the Home Builders Association to become involved in the 21st Century Challenge Program; that elected officials can assist by recruiting people to serve; that continued representation of the Commission at the 21st Century Challenge Program is agreeable; that other Commissioners can attend if she is unavailable. Mayor Mason stated that the intent at the April 15, 2002, Regular Commission meeting was for Commissioner Quillin to represent the Commission. Commissioner Quillin stated that other Commissioners may also wish to participate; that the 21st Century Challenge Program is exciting. Commissioner Martin asked if the 21st Century Challenge Program has a designated seat for a Commissioner? Commissioner Quillin stated no. Commissioner Martin stated that the list of Commission Boards and Committees should be limited to boards and committees which have officially designated seats for Commissioners. Commissioner Quillin stated that the 21st Century Challenge Program is just organizing; that some seats may be designated for elected officials. City Auditor and Clerk Robinson stated that to summarize, Commissioner Servian will serve as the alternate to the TDC; that the City no longer has a seat on the CAYSAC; that Commissioner Martin will become one of two elected officials on the Healthy Start Coalition of Sarasota County, Inc.; that no other changes were made. 28. COMMISSION BOARD AND COMMITTEE REPORTS (AGENDA ITEM IX) CD 10:25 There were no Commission Board or Committee reports. 29. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA = (AGENDA ITEM X) CD 10:25 through 10:40 COMMISSIONER SERVIAN: A. stated that the concern is taking items off the Consent Agendas sO Staff must remain at the Commission meeting for the discussion; that no intent probably existed to require Staff, who had been up for a long time due to an emergency, to remain at the Commission meeting; that the Commission could advise if Staff's presence is not required for the discussion. B. stated that the past two weeks have been difficult for the City; that the Commission fought long and hard to keep the Commission-Manager form of government, which is supported; that the City has been the subject of some high profile media attention, particularly concerning the Police Chief; that the City Manager is supported in the most difficult time since joining the City; that City Manager McNees is commended for the job done. BOOK 51 Page 23222 05/06/02 6:00 P.M. BOOK 51 Page 23223 05/06/02 6:00 P.M. Vice Mayor Palmer agreed; and referred to an article in the May 5, 2002, Sarasota Herald-Tribune with the headline: McNees will help in hiring new chief Vice Mayor Palmer stated that several people were concerned about the choice of the word "help"; that the City Manager will not help but will rather make the choice of a new Police Chief, hopefully with community input; that the City Manager hires and fires everyone except himself and the other two Charter Officials and their employees; that Commissioners may have opinions which can be shared with the City Manager; however, the Commission will not make the decision as to who is chosen as Police Chief or any other department head; that the City Manager's moving forward with a program to select key department heads is supported; that the City Auditor and Clerk and the City Attorney have the same responsibility for their respective areas. Mayor Mason stated that the Commission cannot control the press. Commissioner Martin stated that the comments concerning the City Manager's performance are supported; that the City Manager is supported; that the refreshing of government in some key areas is positively anticipated. VICE MAYOR PALMER: A. stated that Michael Taylor, Deputy Director of Planning, is thanked for his efforts and the tremendous amount of work in developing the Phase II Amendments to the Zoning Code (1998 ed.). B. referred to the May 3, 2002, Commission Intormation Memorandum and stated that the information is appreciated and was helpful. 30. OTHER MATTERS/ADMINISTRATIVE OFFICERS - CONSENSUS FOR THE CITY ATTORNEY TO FILE FOR AN INJUNCTION AGAINST EXTREMIS NIGHT CLUB IF NECESSARY (AGENDA ITEM XI) CD 10:35 through 10:40 CITY ATTORNEY TAYLOR: : A. stated that State Statutes require the City Attorney to announce a request for the Commission's advice in an attorney-client session; that for the record, the advice of the Commission is officially requested concerning the litigation involving the Van Wezel Performing Arts Hall (VWPAH); that the attorney-client session is scheduled for 1 p.m., May 8, 2002. B. stated that the City previously encountered difficulties concerning the In Extremis Night Club and sought to identify remedies; that a fire recently occurred which has stopped the club's activities for the present; however, the activities will likely resume once repairs are completed; that one step available to the City is to take advantage of a State Statute allowing a City Attorney to abate a nuisance in Circuit Court; that the plan was the City Attorney would file an injunction action against the In Extremis Night Club as the City Attorney on behalf of the State if the problematic activities continue; that the authorization of the Commission is requested if the action becomes necessary. Commissioner Servian stated that the neighbors of the In Extremis Night Club will be happy to have the problems eliminated. Mayor Mason stated that hearing the Commission's agreement, the City Attorney is authorized to file an injunction action against the In Extremis Night Club if necessary. CITY AUDITOR AND CLERK ROBINSON: A. stated that the Agenda backup material for the May 7, 2002, joint City/County Commission meeting was received late today and has been distributed. B. stated that the Agenda backup material for the May 8, 2002, Commission Workshop concerning advisory boards was distributed late todayi that an excerpt of the section in the Zoning Code (1998 ed.) or the City Code, as appropriate, which creates the board or committee, is included in the Agenda backup material for the Commission's information; that an item concerning expanding the Van Wezel Performing Arts Hall Board is included on the Agenda. C. stated that the June 5, 2002, Commission Workshop concerning the Noise Ordinances has been cancelled; that the hope is to schedule a Commission workshop concerning the State's Sunshine Laws to include advisory board BOOK 51 Page 23224 05/06/02 6:00 P.M. BOOK 51 Page 23225 05/06/02 6:00 P.M. members and department heads for June 5, 2002, or another time convenient for the presenter; that a workshop concerning the Sarasota Housing Authority will be scheduled for June 5, 2002, if the workshop concerning the State's Sunshine Laws cannot be scheduled at that time. Vice Mayor Palmer asked the rescheduled date for the workshop concerning the Noise Ordinances? City Auditor and Clerk Robinson stated that a date has not yet been determined. Vice Mayor Palmer stated that the workshop should be scheduled as soon as possible; that people should be advised the workshop concerning the Noise Ordinances has been cancelled as significant interest in the topic has been generated. CITY MANAGER MCNEES: A. stated that the Commission's support is appreciated. 31. ADJOURN (AGENDA ITEM XII) CD 10:40 There being no further business, Mayor Mason adjourned the Regular meeting of May 6, 2002, at 10:40 p.m. * Caslia CAROLYN MASON, MAYOR ATTEST: pIA ABe o " L 0 - BINSON, CITY AUDITOR AND CLERK