MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF JULY 6, 2004, AT 2:30 P.M. PRESENT: Mayor Richard F. Martin, Vice Mayor Mary Anne Servian, Commissioners Fredd "Glossie" Atkins, Danny Bilyeu, and Lou Ann R. Palmer, City Manager Michael A. McNees, City Auditor and Clerk Billy E. Robinson, and City Attorney Richard J. Taylor ABSENT: None PRESIDING: Mayor Martin The meeting was called to order in accordance with Article III, Section 9(a) of the City of Sarasota Charter at 2:30 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. CHANGES TO THE ORDERS OF THE DAY - APPROVED CD 2:34 through 2:35 Commissioner Palmer presented the following Change to the Orders of the Day: A. Move Unfinished Business, Item No. VI-4, Approval Re: Strategic and Operational Objectives for the Charter Officials for the balance of fiscal year 2003-2004 per the request of City Manager McNees, City Auditor and Clerk Robinson and City Attorney Taylor, and place under Unfinished Business as Item No. VI-6, following Item No. VI-5, Discussion Re: Appointment of Robert M. Fournier as the Assistant City Attorney. City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: B. Remove Agenda Item No. XII-3, Adoption Re: Memorial Resolution No. 04R-1772, recognizing the passing of Bishop James C. Elliott, Senior Bishop and Chief Overseer of The House of God Church and place on the August 2, 2004, Regular Commission meeting Agenda sO the Elliott family can be in attendance. C. Add Commission Presentation of representatives from Tel Mond, Israel, at the evening session as Item No. XIII-1. BOOK 56 Page 28252 07/06/04 2:30 P.M. BOOK 56 Page 28253 07/06/04 2:30 P.M. Mayor Martin asked if the Commission has any objections to the Changes to the Orders of the Day. Mayor Martin stated that hearing no objections, the Changes to the Orders of the Day are approved by unanimous consent. Mayor Martin asked if any Commissioner wished to remove an item from Consent Agenda No. 1 or 2; and hearing none, stated that Consent Agenda Nos. 1 and 2 will be heard as presented. 2. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM I) CD 2:35 through 2:36 There was no one signed up to speak. 3. APPROVAL RE: MINUTES OF THE SPECIAL CITY COMMISSION MEETING OF MAY 24, 2004, AND THE REGULAR CITY COMMISSION MEETINGS OF JUNE 7, 2004, AND CONTINUED TO JUNE 8, 2004 = APPROVED, ; MINUTES OF THE JUNE 21, 2004, REGULAR COMMISSION MEETING = APPROVED AS REVISED (AGENDA ITEM II) CD 2:36 through 2:39 Mayor Martin asked if the Commission had any changes to the minutes? Vice Mayor Servian referred to the following from Agenda Item XVI-1 regarding the Cultural District Concept Plan of the minutes of the June 21, 2004, Regular Commission meeting: Vice Mayor Servian stated that a green lawn is not the desire. Vice Mayor Servian stated that the statement should be: "Just a green lawn is not the desire. 17 Mayor Martin stated that hearing no other changes, the minutes of the Special City Commission meeting of May 24, 2004, and the Regular Commission meetings of June 7, 2004, and continued to June 8, 2004, are approved and the minutes of the June 21, 2004, Regular Commission meeting as revised are approved by unanimous consent. 4. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2,3,4,5,6 7 AND 8 - APPROVED (AGENDA ITEM IV-A) CD 2:39 through 2:40 1. Approval Re: Authorize staff to begin negotiations with D.E. Murphy Constructors, Inc. for Phase I of the City Hall/Annex Renovation Project in an amount not to exceed $823,879.00. 2. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Pre-Annexation Agreement between the City of Sarasota and Geyer-Dickinson, a Florida general partnership, pertaining to annexation of platted lots located on the block between East Avenue and Dearborn Avenue south of the Coast Cadillac-Volvo dealership. 3. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the School Impact Fee Interlocal Agreement between the City of Sarasota and the School Board of Sarasota County concerning the granting of exemptions pursuant to Sarasota County Ordinance No. 2004-028 (Educational Impact Fees). 4. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute all documents necessary for the submittal of the U.S. Department of Housing and Urban Development Grant Application FY 2004-2005 Action Plan. 5. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Agreement for Engineering Services between the City of Sarasota and Dufresne- Henry, Inc., (RFP #04-10W) for the sanitary sewer collection/transmission system continuing engineering services on an as needed basis not to exceed $150,000 annually. 6. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute an Agreement for Construction Services between the City of Sarasota and Kraft Construction Company, Inc. for the First Street Streetscape Project 7. Approval Re: Authorize the Neighborhood Partnership Office to use $4,710 from the Neighborhood Grant Program to fund the cost of 15 scholarships in the amount of $315 each to the Florida Neighborhoods Conference in Jacksonville, Florida, September 16 through 18, 2004. BOOK 56 Page 28254 07/06/04 2:30 P.M. BOOK 56 Page 28255 07/06/04 2:30 P.M. 8. Approval Re: Authorize the transfer of up to $32,500 from the Public Arts Fund to the Lemon Avenue Streetscape Project (Bid #03-44M) and a change order to Jon F. Swift, Inc. on the final design by the artist and his engineer. On motion of Commissioner Palmer and second of Commissioner Bilyeu, it was moved to approve Consent Agenda No. 1, Item Nos. 1 through 8, inclusive. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Palmer, yes; Servian, yes; Martin, yes. 5. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 04R-1778) ADOPTED (AGENDA ITEM IV-B) CD 2:40 1. Adoption Re: Proposed Resolution No. 04R-1778, appropriating $16,000 from the Law Enforcement Trust Fund (110-070) to fund the purchase of a Krimesite Imager for the Police Department Crime Scene Unit, etc. City Auditor and Clerk Robinson read proposed Resolution No. 04R-1778 in its entirety. On motion of Vice Mayor Servian and second of Commissioner Bilyeu, it was moved to adopt Consent Agenda No. 2, Item No. 1. Mayor Martin requested that the City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Martin, yes; Palmer, yes; Servian, yes. 6. UNFINISHED BUSINESS: APPROVAL RE: : PASS ON FIRST READING PROPOSED ORDINANCE NO. 04-4557, AMENDING THE SARASOTA CITY CODE AMENDING CHAPTER 23, SARASOTA CITY CODE, SECTION 23- 3.5, COMMERCIAL VENDING DURING SPECIAL EVENTS TO CORRECT SCRIVENER ERRORS, i AMENDING SECTION 23-3.6, COMMERCIAL VENDING ON PUBLIC PROPERTY AND PUBLIC RIGHT-OF-WAY ; TO AMEND THE LIST OF ZONE DISTRICTS WHERE COMMERCIAL VENDING UPON THE RIGHT-OF-WAY IS PROHIBITED TO INCLUDE THE RSM-9 ZONE DISTRICT; TO PROVIDE FOR AN INCREASE IN INSURANCE REQUIREMENTS FOR VENDING PERMITS; TO DESIGNATE CENTENNIAL PARK AS A PARK WHERE COMMERCIAL VENDING MAY TAKE PLACE WITH A PERMIT; SETTING FORTH FINDINGS OF FACT; : REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF; ; ETC. (TITLE ONLY) PASSED ON FIRST READING (AGENDA ITEM VI-1): CD 2:40 through 2:44 Mayor Martin stated that a public hearing was held at the June 21, 2004, Regular Commission meeting; that the Commission vote was a tie; that under the new Commission Rules of Procedure, the matter is therefore placed on the Agenda of the July 6, 2004, Regular meeting at which a full Commission is present; and requested Staff come forward. Timothy Litchet, Director of Building, Zoning and Code Enforcement, came before the Commission and stated that the public hearing was closed; that any remaining questions will be answered. Mayor Martin stated that the matter before the Commission is to amend the Sarasota City Code (1986 as amended) regarding vending in Centennial Park. Mr. Litchet stated that the vote at the June 21, 2004, Regular Commission meeting was a 2 to 2 tie; that the attempt was to add Centennial Park as a venue at which commercial vending would be allowed to the appropriate section of the Sarasota City Code (1986 as amended) ; that the Commission is requested to approve the scrivener corrections if adding Centennial Park to the Sarasota City Code (1986) as amended is not supported. On motion of Commissioner Bilyeu and second of Vice Mayor Servian, it was moved to pass proposed Ordinance No. 04-4557 on first reading. Commissioner Palmer stated that the videotape and minutes of the June 21, 2004, Regular Commission meeting have been reviewed; that prior Commission discussions have been held regarding the vendors not having a permanent status based on the Cultural District Concept Plan; that no grandfathering Clause would be recognized based on the vendor's permit for Centennial Park. Mr. Litchet stated that language to assure no grandfathering of any permit could be added into any contract; that a Request for Proposals (RFP) would be issued; that the necessary provisions would be added to the RFP. Commissioner Palmer stated that the Administrative Regulations probably include the necessary language; that the City should ensure no individual feels the right has been granted to vend on BOOK 56 Page 28256 07/06/04 2:30 P.M. BOOK 56 Page 28257 07/06/04 2:30 P.M. the property for an unlimited time period due to an existing contract on the site. Mayor Martin stated that similar information is in the proposed Ordinance. Commissioner Palmer stated that the information is not in the proposed Ordinance and is the reason for the question. Mayor Martin called for the vote on the motion to pass proposed Ordinance 04-4557 on first reading and requested City Auditor and Clerk Robinson to proceed with the roll-call vote. Motion carried (3 to 2): Bilyeu, yes; Martin, no; Palmer, yes; Servian, yes; Atkins, no. 7. UNFINISHED BUSINESS: DISCUSSION AND APPROVAL RE : IMPLICATIONS OF THE SARASOTA 2050 PLAN'S TRANSFER OF DEVELOPMENT RIGHTS (TDR) PROGRAM ON CITY OWNED PROPERTY WITHIN UNINCORPORATED SARASOTA COUNTY (LAND PURCHASED FROM THE HI HAT RANCH AND THE VERNA WELL FIELD) AND APPROVE INVITING COUNTY STAFF TO PROVIDE A PRESENTATION CONCERNING THE SARASOTA 2050 PLAN -= APPROVED TO NOTIFY THE COUNTY OF THE CITY' 'S CONCERN OF THE STATUS OF THE TRANSFER OF DEVELOPMENT RIGHTS FOR CITY-OWNED PROPERTIES AND TO REQUEST DIALOG WITH COUNTY STAFF REGARDING THE IMPLICATION OF THE TRANSFER OF DEVELOPMENT RIGHTS PROGRAM OF THE SARASOTA 2050 PLAN (AGENDA ITEM VI-2) CD 2:44 through 3:16 Douglas James, Chief Planner, Planning and Redevelopment Department, came before the Commission and referred to the Future Use Map from Apoxsee: the Sarasota County Comprehensive Plan (Apoxsee) indicating the acreage near the Hi Hat Ranch and the Verna Well Field displayed on the Chamber monitors; and stated that part of the property, or approximately 5,000 acres, is indicated in Apoxsee in a Governmental Use Zone District, which is consistent with the use but which does not allow any development potential; that part of the property is located in two Zone Districts which allow development of one unit per five acres and one unit per 10 acres; that the total of the property involved is approximately 5,700 acres; that the figures were verified with the Geographic Information System (GIS) utilizing a land use map the County created in 1995 which is being updated. Mr. James continued that under Apoxsee, a public agency owning property in the unincorporated area can participate in the County's ordinance concerning the Transfer of Development Rights (TDRs); that between 700 to 1,000 units of development rights could be generated for development on the property or transfer; that the TDRs and the ability to participate in the TDR Program remain in the County's Sarasota 2050 Plan; that TDRS have not been compromised, modified, deleted, etc.; that the Sarasota 2050 Plan is a voluntary amendment to Apoxsee; that another TDR program was created pursuant to the voluntary program of the Sarasota 2050 Plan; that an attempt was made in the Sarasota 2050 Plan to balance the number of TDRS within environmentally sensitive areas with the need for additional densities within villages. Mr. James stated further that the acreage owned by the City at the Verna Well Field and near the Hi Hat Ranch has been classified as a Greenway Resource Management Area (GRMA); that several tracts of land owned by the State, County, and the City throughout the unincorporated area are included in the GRMA designation; that the documents associated with the Sarasota 2050 Plan indicating the number of areas which require protection as part of the Village/ Open Space concept do not account for publicly owned lands; that the likely assumption by the County is publicly owned lands are protected; that the remaining GMRA was utilized to calculate potential development rights which could be moved from the areas to development patterns of the village and the hamlets east of Interstate 75 which represents the basis of the Sarasota 2050 Plan; that the number of development units which are moved into the village and hamlets based on housing and population projections and a series of other estimates did not include the publicly owned GMRA acreage; that the publicly owned land was assumed protected; that the privately owned acreage was considered; that a calculation was attempted regarding the number of acres which could be protected while making the village and hamlet system work. Mr. James further stated that multiple documents were reviewed which revealed the difficulty of the exercise; that Henry Fishkind, Ph.D., President, Fishkind and Associates, a well-known economist, explained the balance in various documents; that the explanations were difficult to understand; that a significant foundation of the success of the Sarasota 2050 Plan depends on the balance of supply and demand; that theoretically, the transfer of 7,000 development rights of the City's property would result in an approximate 15 percent increase to the supply equation; that the supply equation at the present time is 45,000 dwelling units; that the supply would BOOK 56 Page 28258 07/06/04 2:30 P.M. BOOK 56 Page 28259 07/06/04 2:30 P.M. increase if more dwelling units were added; that the value of development rights would decrease if the supply increases; that the cost of buying development rights would increase at a less expensive rate for developers; that the people with the supply would likely wonder the reason development rights would be sold or transferred at a different price than if only 45,000 units of development rights were available; that the manner of determining the value of development rights is not known; that Lakewood Ranch and the County recently transferred development rights at a cost of approximately $2,000 to $3,000 per unit; that the manner of determining the cost is unknown; that modifying the equation in a manner satisfying the County while assuring the foundation of the Village/Open Space concept remains intact will be difficult; that the current status report is to determine any action the City should take concerning the treatment of public TDRS in the Sarasota 2050 Plan. Mr. James referred to his June 24, 2004, memorandum to the Commission included in the Agenda backup material and to the four suggestions for Commission action as follows: 1. Recognize that the City's TDR related property rights under Apoxsee have not been extinguished or modified with the development of the alternative TDR program under the Sarasota 2050 Plan and proceed no further in attempting to modify the 2050 version. 2. Prepare for the Mayor's signature and presentation to the BCC a written request for the BCC to (a) re-examine the rationale for excluding publicly owned properties from the TDR program, (b) consider the possibility of allowing municipally owned properties to participate in the Sarasota 2050 Plan's TDR program, and (c) authorize County Staff to proceed with an amendment to the Sarasota 2050 Plan and the Sarasota 2050 Implementation document to achieve this objective. 3. Direct Staff to continue background work to more fully understand the nature of the "supply and demand" rationale of the Sarasota 2050 Plan's TDR program and brief the Commission as to whether this rationale can be logically modified to support an amendment to the Sarasota 2050 Plan without compromising the Village/Open Space concept. 4. Invite appropriate County Staff to discuss the "supply and demand" rationale with the City Commission and present its relationship to the Village/Open Space concept. Mr. James stated that of the four alternatives, Staff recommends No. 4; that County Staff is thanked for the courtesy and patience; that his June 24, 2004, memorandum to the Commission included in the Agenda backup material contains several errorsi that the existing TDR Program has been utilized nine times under Apoxsee rather than zero as indicated in his memorandum; that the County may not pursue an annual cycle to amend the Sarasota 2050 Plan in 2005, which was considered as one of the options; that the Sarasota Board of County Commissioners (BCC) has not made a determination at the present time sO the option may not be viable. Mayor Martin stated that the sense is the City may desire to sell the lands at a future time; that the lands are currently publicly owned; and asked for a summary of the City's stake, interest, and concern. Mr. James stated that the concern is the City should have the opportunity to sever some development rights in the future as Commissioners change and taxpayers pay more and more taxes; that the County may seek to purchase the development rights in the future; that immediate action is not necessaryi that the Sarasota 2050 Plan is a 50-year plan. Mayor Martin stated that more questions than answers seem to exist regarding the TDRs; that Staff's Recommendation No. 4 seems to seek a better understanding of the repercussions. Mr. James stated that more City resources, time, and effort would be necessary than is available to answer all the questions; that instead, the experts who understand the support documentation could come before the Commission to answer the questions. Commissioner Atkins asked if the City desires to do anything which will encourage the County to urbanize rather than for the City to continue infill and redevelopment for the next 50 years? Mr. James stated that infill and redevelopment is one of the major issues which will likely be developed from the City Evaluation and Appraisal Report (EAR) process; that the County also places an emphasis on infill and redevelopment as a primary BOOK 56 Page 28260 07/06/04 2:30 P.M. BOOK 56 Page 28261 07/06/04 2:30 P.M. issue; that infill and redevelopment can act in harmony with the Village/Open Space concept in the eastern part of the County; that infill and redevelopment as well as the Village/Open Space concept can be accomplished. Commissioner Atkins stated that additional leverage should not be given to the County to build large villages or more hamlets in the eastern part of the County until the responsibility for the urbanized areas are fulfilled responsibly; that the commitment to current residents should come before expansion into non-developed areas. Mr. James stated that in 1999, the Urban Land Institute suggested the first priority of the County should be infill and redevelopment in responding to a County request for guidance; that the clustering of new developments east of Interstate 75 was equal to or slightly below infill and redevelopment in importance. Mayor Martin stated that the TDRS have value and may provide further incentive for development in the village or hamlet. Commissioner Atkins stated that the incentive for development is the point of his comments. City Manager McNees stated that a landowner would have several concerns; that one concern is the development of the hamlet or village may be discouraged due to the negative effect of energies devoted to infill and redevelopment; that the other concern as a large property owner is the value of the City's asset and any potential to bring funds into the domain by selling development rights or to eventually surplus property for which the City has no use; that the issue at the present time is the concern the City's ability to utilize the TDRs may be written out of Apoxsee; that the objectives are conflicting; that policy direction from the Commission regarding approaching the County is sought; that Staff is attempting to protect the City's rights as a landowner absent direction from the Commission. Mayor Martin stated that the Verna Well Field will likely remain City property. City Manager McNees stated that development rights could be transferred to another property and have value. Commissioner Palmer stated that Staff is seeking direction from the Commission regarding TDRs; that Staff is thanked for bringing the issue to the Commission; that 54,000 people own the property in question; that the City has been eliminated from having similar rights to other property owners in the County as the property is owned publicly by 54,000 City residents; that a future Commission should not have to ask the reason the City's rights were not protected by the current Commission as stewards of the future of the City; that the City could build on the municipally owned properties under Apoxsee; however, the Sarasota 2050 Plan provides no rights for TDRs for the municipally owned property; that the TDRs under Apoxsee for the property in question is only 1,000 units but could be up to 7,000 units under the Sarasota 2050 Plan if treated the same as privately owned property, which will be of significant value in the future. Commissioner Palmer continued that the possible financial investment should be preserved for future Commissions and citizens; that time is not significant; that the City and County have significant responsibilities; that the City could establish a right of first refusal for the County for the environmentally sensitive lands if the City decides to sell the lands and the County does not want the lands developed; that much of the land would qualify for environmentally sensitive land purchasesi; that the City would benefit from the ownership of the land; that City Staff should continue the process; that County Staff could make a presentation to the City Commission; that the County could be requested to initiate an amendment to the Sarasota 2050 Plan on behalf of the Cityi that the Sarasota 2050 Plan could be changed in the future; that the process is complicated; that the contractual obligations with Hi Hat Ranch were raised as a concern to assure the City did not give away the development rights upon purchase of the land; that the Commission should provide Staff direction; that the rights of the current and future citizens of the City, the City as a property owner, and as stewards of the property are at issue. Mayor Martin stated that the right of first refusal could include the State as a potential purchaser due to the adjacency to Myakka State Park. Vice Mayor Servian stated that the City should not be foreclosed from rights in the future and should take a long-range look at the concept; that Recommendation No. 4 is to have County Staff BOOK 56 Page 28262 07/06/04 2:30 P.M. BOOK 56 Page 28263 07/06/04 2:30 P.M. make a presentation sO the Commission understands the options; that all the possibilities must be reviewed. City Manager McNees stated that the Commission's direction could be to work with the County with the intent to preserve the City's existing rights and options; that the City should not lose any of the value or the rights on the property at the present time; that work with the County by Staff will be required to provide more clarity to the issue. Mr. James stated that the County is about to embark on the EAR process for Apoxsee and is currently involved in the Apoxsee 2004 Annual Amendment cycle; that the Sarasota 2050 Plan Implementation Document and a zoning code for the entire County are being finalized; that the County should be allowed to finish all the projects currently being implemented and could be approached in July 2005 to meet with the City Commission and Staff; that County Staff could provide a better understanding of the complexities of the development rights issue necessary to achieve landowner needs in the future. Mayor Martin stated that doing sO is in accordance with Recommendation No. 4; that an amendment cycle to Apoxsee may not be available in 2005; that the County has not made a decision at the present time. City Manager McNees stated that Staff should be directed to take steps to assure the County is not eliminating any of the City's rights during the next year. Mayor Martin stated that the Sarasota 2050 Plan has been adopted; that an amendment would be required to the Sarasota 2050 Plan; that opportunities may arise involving development opportunities and rights in the next year. City Manager McNees stated that codes are being adopted at the present time; that Staff should ensure nothing detrimental to the City's development rights is developed. Mayor Martin stated that the City has concerns for the development rights of municipally owned propertyi that the development rights should be known and discussed; that the City's intentions should be made known to the Countyi that the City should be assured further adoption of codes which implement the existing Sarasota 2050 Plan will not adversely affect the City's development rights; that waiting a year for further codification in the same direction is not desired; that the City's intent should be communicated to the County. Mr. James stated that the Sarasota 2050 Implementation Code is being developed with the exact wording relative to TDRS as in the Sarasota 2050 Plan. Mayor Martin stated that adoption of the Sarasota 2050 Plan is happening at the present time; that the issue has been discovered in a rather untimely manner. Commissioner Palmer stated that the issue has been known. Mayor Martin stated that addressing the development rights in the code adoption process is important. Mr. James stated that the Sarasota 2050 Implementation Code must be consistent with the Sarasota 2050 Plan, which is already in effect. Mayor Martin stated that the recommendation is not to place consideration of TDRS in the Sarasota 2050 Implementation Code on hold. Mr. James stated that is correct. Commissioner Palmer stated that the City was not previously aware municipally owned property was not considered to have TDRs; that the issue was not being followed closely by the City; that the Sarasota 2050 Plan which affects State, County, and City properties was adopted; that Myakka State Park includes a significant amount of acreage; that the protection of City-owned property is the goal; that the County should be formally notified of the City's concern regarding the unequal rights compared to private property owners; that the City will continue working with the County to review the issue and provide direction; that the County should then come to the City and make a presentation. On motion of Commissioner Palmer and second of Commissioner Bilyeu, it was moved to notify the County of the City's concern of the status of the transfer of development rights for City-owned properties and to request dialog with County Staff regarding the implication of the Transfer of Development Rights Program of the Sarasota 2050 Plan. BOOK 56 Page 28264 07/06/04 2:30 P.M. BOOK 56 Page 28265 07/06/04 2:30 P.M. Vice Mayor Servian stated that over a year-and-a-half ago, the City was notified of the development rights issue; that the motion is supported. Commissioner Atkins stated that the original point relating to understanding the impact of development of an urbanized area to the east of Interstate 75 on the City's best interest should also be considered. Commissioner Palmer stated that County Staff should be requested to make a presentation concerning the issue to the Commission. Mayor Martin asked if the matter should be placed on the Agenda of a Regular Commission meeting scheduled as a workshop? Commissioner Palmer stated that Staff should come back with a proposal. Mayor Martin stated that the Commission should be kept informed of the development rights issue; that the proper forum can be determined at a later time. Mr. James stated that the decision will be easier to make once more information is obtained. Mayor Martin called for a vote on the motion to notify the County of the City's concern of the status of the transier of development rights for City-owned properties and to request dialog with County Staff regarding the implication of the Transfer of Development Rights Program of the Sarasota 2050 Plan. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Palmer, yes; Servian, yes; Martin, yes. 8. UNFINISHED BUSINESS: APPROVAL RE : 2004-2008 STRATEGIC PLAN APPROVED THE STRATEGIC PLAN AND IMPLEMENTATION STRATEGIES; DIRECTED THE CHARTER OFFICIALS TO REPORT BACK TO THE COMMISSION WITH SPECIFIC PLANS FOR REFINEMENT AND IMPROVEMENT AND WITH THE INCLUSION OF THE HISTORIC PRESERVATION SECTION (AGENDA ITEM VI-3) CD 3:16 through 3:27 Mayor Martin stated that the three Charter Officials will present the 2004-2008 Strategic Plan. City Manager McNees stated that the 2004-2008 Strategic Plan most likely has been reviewed since being redrafted; that final edits from the Commission will be incorporated into the document; that Commissioner Palmer has an item of concern regarding Historic Preservation which was inadvertently taken out of the document; that the Historic Preservation section will be incorporated into the document. Mayor Martin stated that the recollection is Historic Preservation was not identified as a strategic concern of the Cityi that Historic Preservation should be implemented as a strategy in the 2004-2008 Strategic Pan; that a Commission consensus exists to include the Historic Preservation section in the 2004-2008 Strategic Plan. Mayor Martin stated that the process has been lengthy; that many may think the 2004-2008 Strategic Plan is a work in progress; that strategic plans are intended as works in progressi that the Commission may make any edits, additions, etc., desired. Commissioner Palmer stated that no changes are necessary at the present time; that a significant amount of work on the 2004-2008 Strategic Plan is required; that work regarding the 2004-2008 Strategic Plan was done at the June 28, 2004, Commission Retreat; that issues regarding accountability, time frames, and performance standards should be continued; that a significant amount of work remains to develop the 2004-2008 Strategic Plan into the final form; that the 2004-2008 Strategic Plan can be adopted and subsequently taken to the next step; that the 2004-2008 Strategic Plan must be the basis for the budgeting, table of organization including the number of employees required, and the method the employees will use to execute the basic proposals; that the 2004-2008 Strategic Plan is a work in progress and should continue to progress; that the Charter Officials should indicate to the Commission the next step to refine the Strategic and Operational Objectives for the Charter Officials to make the document workable; that the process will evolve on an annual basis. City Manager McNees stated that the next step will be to incorporated the document into the operating budget; that the Commission adopted not only a plan but a process which defines a set of steps for review of projects; that the final document will be analyzed regarding the ongoing priorities; that the process which has been adopted will be utilized; that a facilitator would be useful while undertaking the steps; that the Charter Officials will utilize the steps from the adopted BOOK 56 Page 28266 07/06/04 2:30 P.M. BOOK 56 Page 28267 07/06/04 2:30 P.M. processes and determine schedules for the next activities; that the Decision Tree included in the Strategic Plan should be laminated and placed in the Agenda books for future use. Mayor Martin stated that the Decision Tree is a useful document for weighing and deciding issues. City Attorney Taylor stated that a list of the necessary steps is available; that the next step for the Charter Officials is to develop the Strategic and Operational Objectives for the Charter Officials; that the implementing steps for the plan are in place. City Auditor and Clerk Robinson agreed. Commissioner Bilyeu stated that the format requires clarification; that the ranking remains the same as previously seen at the beginning of the document; that the ranking system changes for the actual accountabillty, the task, and the indicators; that the Strategic Concern of Fiscal Responsibility is always ranked No. 1; that the Strategic Concern of Economic Development Strategies is No. 3 on the list and therefore should be Item C; that the Strategic Concern of Affordable Housing should be Item B; that the same issues are covered later in the document; that Items A through G on the section entitled Implementing This Strategic Plan are the same as Items I through P; that the same format should follow throughout the entire document. Mayor Martin stated that some issues received a tie vote and were subsequently reversed. Commissioner Bilyeu stated that the issues should be listed in the order in which ranked; that the Strategic Concern of Affordable Housing should be listed before Economic Development. Mayor Martin stated that such a change is supported; that hearing the Commission's agreement, the Strategic Plan will be revised to assure the ranking order is consistent from section to section. On motion of Commissioner Palmer and second of Commissioner Atkins, it was moved to approve the Strategic Plan for 2004-2008 and the implementation strategies, and direct the Charter Officials to report back to the Commission with specific plans for refinement and improvement. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yesi Palmer, yes; Servian, yes; Martin, yes. 9. UNFINISHED BUSINESS: DISCUSSION RE: APPOINTMENT OF ROBERT M. FOURNIER AS THE ASSISTANT CITY ATTORNEY AND TO PROVIDE FOR THE DETAILS OF THE APPOINTMENT OF ATTORNEY FOURNIER AS CITY ATTORNEY CONFIRMED THE APPOINTMENT OF ROBERT FOURNIER AS ASSISTANT CITY ATTORNEY AS INDICATED IN THE JUNE 25, 2004, MEMORANDUM PRESENTED BY CITY ATTORNEY TAYLOR; APPOINTED ATTORNEY FOURNIER AS THE CITY ATTORNEY EFFECTIVE OCTOBER 1, 2004 (AGENDA ITEM VI-5) CD 3:27 through 4:02 City Attorney Taylor stated that the appointment of an Assistant City Attorney and eventually a successor City Attorney is necessary according to discussions at the May 21, 2004, Commission Workshop regarding legal services for the City; that the process must go before the Commission for final approval; that the process has been ongoing for a significant period of time; that the Commission could take action at the current meeting if desired; that the matter was not placed on the Agenda to force a final action; that more discussion may be necessary; that Robert Fournier, Attorney, City Attorney's Office, is available for questions and comments concerning the proposal; that the plan is to appoint Attorney Fournier as Assistant City Attorney; that the title Deputy City Attorney could be utilized; however, the word "Assistant" is in the Language of the City of Sarasota Charter (1996) at the present time; that the proposal to the Commission is also to consider appointing Attorney Fournier as the City Attorney effective October 1, 2004, which is the beginning of fiscal year (FY) 2004/05; that sufficient time would therefore be available to make adjustments and changes necessary internally for providing services; that Attorney Fournier has a vacation he would like to take; that the October 1, 2004, date would provide time for the vacation. City Attorney Taylor continued that the Commission should understand the transition will not affect taking the appropriate steps to reduce legal costs for the City and to implement internally programs designed to reduce the amount of time in providing legal services and allow administrative Staff to perform more of the work; that the time for appointment of a permanent replacement is good as Attorney Fournier would have time to work with him to implement the cost savings which have been requested by the Commission. BOOK 56 Page 28268 07/06/04 2:30 P.M. BOOK 56 Page 28269 07/06/04 2:30 P.M. Robert Fournier, Attorney, City Attorney's Office, came before the Commission and stated that he is willing to accept the position of Assistant City Attorney offered by City Attorney Taylor and the position of City Attorney if the Commission determines making the appointment is appropriate; that he and City Attorney Taylor realize the decision is up to the Commission; that a brief personal background can be provided; that discussion of the position and the manner in which certain things will be accomplished can also be provided; that he is a graduate of the University of Florida Law School and has been a member of The Florida Bar since 1978 at the age of 24 years; that he has been practicing law in the City since 1980 and is a member of the Sarasota County Bar Association and of the Environmental and Land Use Law Section; that hopefully a reputation for competency and integrity has been established; that he is Board Certified in City, County, and Local Government Law, has served as President of the Sarasota County Civic League for several years, and chaired the Sarasota County Bar Association's Committee on Professionalism; that his first term on the Board of Directors of the Sarasota County Bar Association will commence in the fall of 2004; that many Commission meetings have been attended over the years; that he has been counsel for the Board of Adjustments, both as regular counsel and most recently substituting for Mark Singer, Attorney, City Attorney's Office; that he has served as counsel for the Code Enforcement Special Master Process and the Historic Preservation Board. Attorney Fournier continued that the Commission has recognized the distinct advantage of the continuity of representation by counsel familiar with the City's activities; that significant projects are underway in the City; that the Renaissance, the Ritz-Carlton Hotel and Condominiums, the 1350 Main Street project, and the Whole Foods Market Centre are all projects in which he has been involved; that he has been involved with the preparation and drafting of the City of Sarasota Downtown Code (Downtown Code) and amendments to the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), which preceded the Downtown Code; that becoming informed of all the City's recent developments would take significant time; that the other attorneys in the firm are also knowledgeable in certain areas; that the continuity of representation is important; that concern has been expressed over the amount of the City's legal expenses in the past years; that the question could be asked if the legal expenses issue could be addressed directly by a member of the same law firm; that the answer is unequivocally yes; that the legal expenses issue will be addressed; that the reason is personal accountability, that the individual appointed to serve in the position is personally accountable; that a message has been given; that the responsibility will be accepted if given by the Commission. Attorney Fournier stated further he does not regard himself an impulsive decision maker; that immediate, radical changes would not be made; that time is necessary to assess the situation and observe the best manner in which to operate; that the first focus would be internally at the City Attorney's Office; that self-examination or introspection is beneficial from time to time; that the workload can be analyzed; that a cost-benefit analysis can be performed to assure the cost of a particular attorney to perform a certain function is not exceeding the benefit derived by the City; that questions will be answered such as if certain matters take too much time, if the paralegal is being used effectively, or if a second paralegal is necessaryi that personal experience is the more narrow the paralegal's focus, the more effective the paralegal; that a separate paralegal may be necessary to handle litigation only; that questions exist which could be answered; that proactive legal work may be necessary to reduce legal costs; that advice could be given to the Commission or Staff to perform activities in a certain sequence to save funds; that the advantage of the continuity of representation by a firm with the knowledge and experience the City needs and desires is being offered while providing a fresh perspective in the administrative and legal management area. Attorney Fournier further stated that working with the other Charter Officials has been indicated as a concerni that the relationships among the Charter Officials should be the best possible; that cooperation and coordination are required; that a synergy between the Charter Officials should be developed; that people in the business world work in concert for a successful business enterprise; that the City also should work in concert to have a successful Cityi that no apprehension exists regarding the ability to work effectively with the other Charter Officials; that experiences to date with the Charter Officials have been more than satisfactory from his personal perspective; that feelings of enthusiasm exist for the City; that the work is enjoyed; that the job can be done; that hard work will be performed for the City sO the Commission will not question the soundness of the decision in years to come if the Commission decides to honor him with the appointment. BOOK 56 Page 28270 07/06/04 2:30 P.M. BOOK 56 Page 28271 07/06/04 2:30 P.M. Vice Mayor Servian asked the latitude available within the firm to make the type of decisions required and the difference in moving from City Attorney Taylor to City Attorney Fournier in making personnel decisions as the firm is not under personal control? Attorney Fournier stated that as fourth in charge, the candid answer is not known; that the responsibility and authority will be exercised as the City is the firm's largest client; that all the attorneys in the firm acknowledge an accountability factor for whomever has the designation or appointment as the City Attorney; that the attorneys are willing to accept and acknowledge the person acting as City Attorney must make certain decisions which must be followed. City Attorney Taylor stated that part of the decision of the Commission during the May 21, 2004, Commission Workshop is the law firm should remain intact due to the history of performing the City's legal services; that discussions regarding necessary changes and the ability of the firm to remain intact have been held with Staff of the City Attorney's Office; that the proposal would not be given without prior discussion among the firm members; that a comfort level has been reached regarding the necessary changes; that Attorney Fournier is a partner, has always had a strong voice in the actions of the firm, and has performed a significant amount of hands-on work; that a fresh perspective can be offered; that Attorney Fournier will carry the necessary weight and will be given significant deference within the firm. Vice Mayor Servian asked if Attorney Fournier would be given the latitude necessary to perform the necessary changes determined after conducting a cost-benefit analysis of the attorneys versus the output, if additional paralegals and less legal counsel were deemed necessary? City Attorney Taylor stated yes. Vice Mayor Servian stated that having the latitude and the authority to deliver services to the City in the appropriate manner is important. Attorney Fournier stated that an entry level person who is an attorney rather than a paralegal and could perform work less expensively may be beneficial; that 25 years of experience is not necessary for every action. Commissioner Palmer stated that Attorney Fournier has been with the City for a considerable period of time; and asked if an Assistant City Attorney will be appointed if the position of City Attorney is received? Attorney Fournier stated that the desire of the Commission is for the appointment of an Assistant City Attorney; that the appointment would not happen immediately; that the appointment would most likely occur in approximately six months. Commissioner Palmer stated that appointing an Assistant City Attorney is important for the time the City Attorney is out of town; that the City Charter requires the City Attorney must reside within the City. Attorney Fournier stated that residency is not currently within the City limits; that residence within the City occurred for a period of approximately 10 years; that residency will be moved into the City limits if appointed City Attorney. Commissioner Palmer stated that an individual being hired internally would be provided a contract; that the Commission has previously discussed a contractual relationship with the City Attorney; that a contract is supported; that a contract may not be developed by October 1, 2004; that an assessment should be made subsequent to performing the function of the City Attorney for a certain amount of time; that a contract should be completed by January 1, 2005; and asked if any objection exists to having a contract completed by January 1, 2005? Attorney Fournier stated no; that a reasonable amount of time is necessary to draft the contract; that the contract would be a significant undertaking; that a reasonable period of time would be necessary such as six months, nine months, or a year; that he is more than agreeable to drafting a contract; however, drafting a contract at the present time is not practical. Commissioner Palmer stated that the opinions of the other Commissioners would be appreciated; that a contract is not required in the City Charter but should be initiated. Vice Mayor Servian stated that a contract is important; that the City Manager has a contract; however, the other two Charter Officials do not have contracts; that the Charter Officials are on equal footing, equal accountability is expected, and should be treated the same; that a contract was not required when the City Auditor and Clerk came to the City; that the hope is the BOOK 56 Page 28272 07/06/04 2:30 P.M. BOOK 56 Page 28273 07/06/04 2:30 P.M. City Auditor and Clerk will be here a long time and the Commission will not have to deal with the contract issue; that a contract should be initiated as the transition is made to level the playing field; that a six-month period of time is reasonable to ensure things are going as expected. Mayor Martin stated that the Commission has a commitment; that the accountability and expectations are included in the contract and make good sense; that the work initially would be looking internally and making changes; that the work being performed in-house would be communicated to the Commissioners; that the Commissioners should be apprised of the work performed on a regular basis; that significant work must be performed within the firm; that the Commission should be assured such work is taking place; that a good working relationship with the Commission should be established; that a good relationship has been important to all the Commissioners. Mayor Martin continued that Attorney Fournier's presence and performance at the June 8, 2004, Community Redevelopment Agency (CRA) meeting in negotiating the Term Sheet with the Ersa Grae Corporation was impressive; that Attorney Fournier's presence was strong; that the information was valuable; that the impression is Attorney Fournier works for the City and not sO much within the firm; that he feels confident with Attorney Fournier. Attorney Fournier stated that the comments are appreciated; that significant time was spent on the Term Sheet. Commissioner Palmer stated that the City Attorney should have an office at City Hall if space is available, to relate internally more easily with City Hall. Attorney Fournier stated that having an office at City Hall would be supported; that frequent travel is necessary between the City Attorney's Office and City Hall for meetings; that a computer with electronic mail (email) would be beneficial; that time and funds would be saved. Commissioner Palmer stated that a vacant space is available in the Commission Office at the present time; that the City Manager or the City Auditor and Clerk should attempt to determine the location of an office for the City Attorney. City Auditor and Clerk Robinson stated that certain rooms in the City Hall house air conditioning equipment; that one such room is located in the Office of the City Auditor and Clerk; that the air conditioning equipment will be transferred to the roof as part of the City Hall remodeling project allowing for use of the room as an office. On motion of Commissioner Palmer and second of Vice Mayor Servian, it was moved to confirm the appointment of Robert Fournier as Assistant City Attorney as indicated in the June 25, 2004, memorandum presented by City Attorney Taylor and to appoint Attorney Fournier as the City Attorney effective October 1, 2004. Commissioner Palmer thanked Attorney Fournier; and stated that City Attorney Taylor has provided excellent service to the City for many years; that City Attorney Taylor is coming up on a 25th anniversary with the Cityi that issues have arisen; however, City Attorney Taylor has always been extraordinarily respectful of the Commission and the entire community; that City Attorney Taylor has developed an extraordinarily beneficial solution and a proposal as to the transition; that an excellent job has been performed; that City Attorney Taylor is thanked very much. City Attorney Taylor stated that the remarks are appreciated. Vice Mayor Servian stated that City Attorney Taylor is thanked for the fine job which has been performed; that the last year has been difficult; that understanding the action of the Commission is not personal is appreciated; that the decision is a business decision necessary for the benefit of the City; that mutual respect exists for resolving the situation; that Attorney Fournier is welcomed; that Attorney Fournier and the Commission will work well together as a team; that thanks are expressed to City Attorney Taylor for all the work done for the City. Commissioner Bilyeu stated that no questions were necessary of Attorney Fournier; that Attorney Fournier has been known for a lengthy period of time; that Attorney Fournier's work ethic is known; that City Attorney Taylor is thanked for the level of service and the excellent attorneys who work for the City; that the decision became easier regarding who was desired as the Assistant City Attorney; that a good team of attorneys was BOOK 56 Page 28274 07/06/04 2:30 P.M. BOOK 56 Page 28275 07/06/04 2:30 P.M. assembled to represent the City well; that the situation is difficult; that City, Attorney Taylor will appreciate the circumstances while relaxing; that nothing occurred at the May 21, 2004, Commission Workshop to decide to bring the legal services in-house; that the Taylor, Lawless and Singer law firm has been doing a good job; that everyone can learn from the circumstances of the last year and a half; that all individuals can assist in keeping the legal fees and attorney costs down; that Attorney Fournier's role as Assistant City Attorney is favorably anticipated; that the necessary time will be given to draft the contract between the City and Attorney Fournier; that Attorney Fournier will be given a chance to move into the City. Commissioner Atkins asked the time of City Attorney Taylor's 25th anniversary date? City Attorney Taylor stated that approximately July 1, 2004, is the 25th anniversary. Commissioner Atkins stated that the struggle with Ken Thompson, former City Manager, is remembered; that Ken Thompson reached the 50th year of service which was sO vitally important to him; that a 25 year anniversary is probably just as important; that the lawsuit concerning the City's voting districts is recalled; that he was considered an expert researcher at the time; that the attorneys reached a compromise which is still not satistactory; that the legal services performed have been excellent; that the City has prevailed in most situations; that the attorneys may have been paid too much; that City Attorney Taylor is thanked for 25 years of service for the citizens of the City; that the knowledge, wisdom, and understanding of the community will continually be necessary; that City Attorney Taylor will be contributory to the process as the City moves on. Commissioner Palmer stated that the intent of the motion is to also include the contractual obligation within a reasonable period of time; that the hope is the contract will be available by January 1, 2005; that the thought is the Commission is willing to adjust the date; that all the other members of the law firm are thanked; that the firm has been in a turmoil for the last year; that settling the matter is appreciated; that the Taylor, Lawless and Singer law firm has done an excellent job; that the message should be communicated to the rest of the attorneys in the office. Mayor Martin stated that the Commission is also thanked; that Vice Mayor Servian led the way on the issue; that the process has been difficult; that a new course is being set for the future; that the work has been exemplary in the end. Mayor Martin called for a vote on the motion to confirm the appointment of Robert Fournier as Assistant City Attorney as indicated in the June 25, 2004, memorandum presented by City Attorney Taylor and appointing Attorney Fournier as the City Attorney effective October 1, 2004. Motion carried unanimously (5 to 0): Atkins, yesi Bilyeu, yes; Palmer, yes; Servian, yes; Martin, yes. 10. UNFINISHED BUSINESS: APPROVAL RE : STRATEGIC AND OPERATIONAL OBJECTIVES FOR THE CHARTER OFFICIALS FOR THE BALANCE OF FISCAL YEAR 2003-2004 - APPROVED WITH THE ADDITION OF A STRATEGIC OBJECTIVE FOR THE CITY AUDITOR AND CLERK, THE CITY ATTORNEY, AND THE CITY MANAGER TO WORK TOGETHER TO ACCOMPLISH THE STRATEGIC PLAN AND IMPLEMENT THE COMMISSION POLICIES AND DIRECTIVES (AGENDA ITEM VI-4) CD 4:02 through 4:37 Mayor Martin stated that the three Charter Officials will present the next item regarding Strategic and Operational Objectives for the Charter Officials for the balance of fiscal year (FY) 2003/04. City Manager McNees referred to a document entitled Charter Official Performance Evaluation included in the Agenda backup material and which includes the Strategic and Operational Objectives; and stated that any annotations or additions are welcomed; that the evaluations will take place in November 2004; that the fifth Strategic Objective should read as follows: Complete management Kills/attributes matrix for managing City operations, communicate to management, and identify the training programs necessary. Mayor Martin stated that further clarification of the objectives will be presented during the July 7 through 9, 2004, Budget Workshops. Commissioner Palmer stated that determining the result of certain objectives of the City Manager will be difficult; that an ability to measure the performance is given by the City Auditor and Clerk and City Attorney; that determining if a BOOK 56 Page 28276 07/06/04 2:30 P.M. BOOK 56 Page 28277 07/06/04 2:30 P.M. certain activity has occurred or not by the City Manager will be difficult; that the development of communications and public information strategies is ongoing; that the advancement of the review of City/County interlocal agreements will not be finalized in a few months; that the employment policies and philosophies will be incorporated in a written document; that the manner by which to measure the objectives in October 2004 is a concern; and asked which item will be determinable by an affirmative or negative response? Mayor Martin stated that one objective is developing a Neighborhood Academy Program; that the items must be viable objectives. City Manager McNees stated that Strategic Objectives do not require an affirmative or negative response; that the development of overall employment policies and philosophies would require the Commission evaluate the performance of the prior year after the Commission receives a report of accomplishments; that the Commission would make a judgment of whether satisfactory progress has been accomplished toward the Strategic Objectives; that any quantification which the Commission would desire will be happily accepted; that a portion of the subjectivity would be taken out of the evaluation; that suggestions are appreciated. Vice Mayor Servian stated that the progress of the objectives will be difficult to ascertain due to not knowing the current status of the project; that evaluating any improvement at the end of the fiscal year will be difficult; that the quantification is the area of difficulty. City Manager McNees stated that the document of Strategic and Operational Objectives included in the Agenda backup material is directly associated with the workshop which will be scheduled before the end of the summer of 2004; that the policies and philosophies do not actually exist at the present time as a coherent set of policies. Mayor Martin stated that one of the performance measurements would be the Commission workshop and the definition of the policies and philosophies. Vice Mayor Servian stated that the objectives should be more detailed sO the Commission will know the manner in which to measure the accomplishment of the objectives at the appropriate period of time. City Manager McNees stated that an attempt can be made to do sO; that the objectives were being defined for the purpose of working on the objectives. Commissioner Palmer stated that the Commission will require a method for making the determination; that Vice Mayor Servian stated the situation well; that something must happen in the next three months which is different than the present time; that the Commission is attempting to evaluate the Charter Officials in an objective manner; that the standards must remain objective to determine if the Charter Officials meet or do not meet the objectives; that accountability cannot be determined if the accounting is not included. City Manager McNees stated that the City is currently at the step of determining the objectives; that the manner in which to quantify the objectives will come after the objectives are determined. Commissioner Palmer stated that making a determination without clarity is not supported; that one objective is to complete the collective bargaining process with the Citrus, Cannery, Food Processing & Allied Workers, Drivers, Warehousemen & Helpers Affiliated with International Brotherhood of Teamsters, Local Union No. 173 (Teamsters) and the Southwest Florida Police Benevolent Association, Inc. (PBA); that the bargaining process will either be a success or not; that the next objective is to advance the objectives of the City of Sarasota-Newcown Comprehensive Redevelopment Plan through 2020 (Newtown Redevelopment Plan) and City of Sarasota Downtown Master Plan 2020; that the process is already underway; and asked the occurrence in three months which is different? City Manager McNees stated that the assumption is the task currently underway is good; that the desire is for the Commission to ratify the tasks as important by the Commission; that the Commission may not think conducting a management retreat with department heads is important at all; that the item will not be measured; that the categories were invented personally; that the desire from the Commission is either an agreement, amendment, or an addition to the Strategic and Operational Objectives for achlevement; that measures of the objectives can be determined after the objectives are indicated; BOOK 56 Page 28278 07/06/04 2:30 P.M. BOOK 56 Page 28279 07/06/04 2:30 P.M. that very few categories will simply be positive or negative indications such as the Teamsters and PBA contracts. Mayor Martin stated that the newly confirmed Assistant City Attorney has been requested to readdress the position of City Attorney and report back to the Commission; that the categories listed are the main tasks on which to focus during the time period; that a significant amount of other work is being performed simultaneously; that the manner in which to perform the tasks would then be determined to the satisfaction of the Commission; that the details would be forthcoming once the objectives are adopted. Commissioner Palmer stated that the learning process extends to everyone; that clarification is necessary before any evaluation; that the desire for more detailed Performance Evaluations is supported. Mayor Martin stated that the objectives are acceptable; that the Administration will be empowered to perform the objectives; that the Commission can then perform an evaluation with the expectation of the correct objectives being performed; that ongoing communication is necessary. Commissioner Bilyeu stated that the Performance Evaluation should be performed after October 1, 2004; that the Strategic Objectives are developed to help prepare the FY 2004/05 budget; that the evaluation period is from May to September 2004; that the evaluation process is behind schedule; that the retreat was also behind schedule; that the matter is somewhat confusing; that the goal is to learn from the process. Mayor Martin stated that the idea is for the Performance Evaluation to take place subsequent to the end of fiscal year (FY) 2003/04, allowing approximately a month or sO for review; that the Commission identifies the objectives; that the Administration determines the manner in which to complete the task; that reporting back to the Commission regarding the completion and the manner of completion of the tasks is also necessary. Commissioner Palmer stated that the Commission should move forward if a consensus has been reached. Commissioner Atkins stated that the City Manager identified the work plan for the next several months; that the process necessary to accomplish the objectives will be indicated; that the Performance Evaluation would then occur; that the expectation was not to identify the process; however, the other Charter Officials' Strategic and Operational Objectives are more detailed. Commissioner Palmer stated that the following is an item to add to all three Strategic and Operational Objectives: Work with the City Auditor and Clerk, the City Attorney, and the City Manager to establish clear Charter Official Policies and Procedures for accomplishing the Strategic Plan and carrying out the Commission Policies and Directives. Commissioner Palmer continued that the Charter Officials agreed with the Commission at the June 28, 2004, Commission Retreat to work out the details; that the item is not in the objectives for any of the Charter Officials and the item specifically was addressed at the retreat. Mayor Martin asked for clarification. Commissioner Palmer stated that three Charter Officials should meet to determine the manner in which policies and procedures will be established to accomplish the Strategic Plan and implement the policies and directives of the Commission; that the language is not detailed; that the concern is an overall working relationship and the manner in which the Charter Officials will work together to accomplish the directives of the Commission. Mayor Martin stated that the sense of the language is understood. Vice Mayor Servian stated that objectively measuring the Charter Officials' ability to work together is a concern. Commissioner Palmer stated that clear policies and procedures are necessary to accomplish the Strategic Plan and implement the policies and directives; that an agreement should be reached by the Commission to hold all three Charter Officials accountable for accomplishing the Strategic Plan. BOOK 56 Page 28280 07/06/04 2:30 P.M. BOOK 56 Page 28281 07/06/04 2:30 P.M. Mayor Martin stated that the sentiment is understood; that defining the specific policies and procedures would be difficult. Commissioner Palmer stated that the language indicates the manner to accomplish the Strategic Plan as well as the directives and policies adopted, passed, or given to the Charter Officials by the Commission; that the language indicates the Charter Officials will be pertorming the usual job while cooperating with the other Charter Officials. Mayor Martin stated that the thought was the Charter Officials should develop policies and procedures to accomplish the Strategic Plan. Commissioner Palmer stated that the Charter Officials should have some type of policy, whether written or oral. Mayor Martin stated that the sentiment is understood; that the issue was significant at the June 28, 2004, Commission Retreat. City Attorney Taylor stated that policies and procedures will be addressed but cannot be addressed at the current meeting. Mayor Martin stated that the three Charter Officials are being requested to add an Operational Objective; that defining the Operational Objective would be beneficial. Commissioner Atkins stated that the Commission indicated the necessity of the additional Operational Objective; that the Charter Officials offered to bring the item back to the Commission; that the Charter Officials can work out the details and bring the item back to the Commission. Mayor Martin stated that the desire is to bring the item back before the Commission as an Operational Objective. City Auditor and Clerk Robinson stated that the document of the Charter Official Strategic and Operational Objectives is a work plan for the City Auditor and Clerk until the end of FY 2003/04; that the measurement of accomplishment should be easy to determine at the end of FY 2003/04; that the Office of the City Auditor and Clerk has been working towards the objectives since the document was prepared approximately one month ago. City Auditor and Clerk Robinson continued that the first objective is an Audit Charter and an Audit Plan; that a change was made in the Auditing Department a year ago; that a new Auditor was hired in the late fall of 2003; that the results have likely been noticed; that audits are actively being pursued within the City; that the City Manager will indicate the entire area has changed; that a follow-up audit of the Parking Collections is currently underway; that the audits are essentially focusing on the revenue aspects rather than the expense aspects. Mayor Martin asked if the strategy is to continue to make the revenue analysis fund by fund? City Auditor and Clerk Robinson stated yes. Mayor Martin stated that the schedule of audits and the manner in which the audits will occur would be beneficial. City Auditor and Clerk Robinson stated that the second objective is to increase the efficiency of the Development Application process which developed as a result of the billable fee audit; that a number of people were not entering the time worked on development applications; that an outdated software program is being utilized and requires significant enhancement applications; that the Information Technology (IT) Department is attempting to upgrade the software; that a new software program will be implemented in the future; that he sits on a committee regarding building permitting; that a Request for Proposals (RFPs) is being sent out for an entire building permitting process; that the City Auditor and Clerk's position can provide an outlook from the perspective of the entire City; that the building permitting process should be integrated in the future with many other City applications; that another Strategic Objective is to hire a Public Information Officer which was discussed at the June 28, 2004, Commission Retreat; that the process will begin; that the position is already in the budget; that a position vacated by a person entering the military has been changed to a Public Information Officer; that four candidates were interviewed; that no office operational expenses existed except for salary; that some operational expenses were added sO the Public Information Officer position can work. Mayor Martin asked if the issue was a salary issue to obtain the qualified candidates or an operational issue? BOOK 56 Page 28282 07/06/04 2:30 P.M. BOOK 56 Page 28283 07/06/04 2:30 P.M. City Auditor and Clerk Robinson stated that the salary is adequate; that the issue was operational; that AccessSarasota Channel 19 will continue showcasing the City through the two shows which are broadcast; that the third show is City Focus; that the Public Information Officer will be able to help the City Manager schedule the City Focus program more frequently; that an Ordinance for the creation of a Youth Advisory Board is on the Agenda of the current meeting; that a training program for the Advisory Boards is being implemented and will include parliamentary procedure, Florida's oeNEe-mmae law, gift law, etc.; that the City Attorney and the City Auditor and Clerk will be working together on the implementation of a training program. Mayor Martin asked if the plan would be to implement the training program by the end of FY 2003/04? City Auditor and Clerk Robinson stated yes. Vice Mayor Servian stated that a question exists regarding automating access to the Commission Agendas; and asked if the Commission can put the Agendas and backup material on a laptop computer rather than carrying the books around? City Auditor and Clerk Robinson stated yesi that the electronic Agenda Request Forms will originate in each department; that the information will be submitted to himself and the City Manager; that electronic creation of all the Agenda backup material will be encouraged; that material which cannot be created electronically will be scanned into the computer; that the Commission will ultimately be able to access the Agenda and backup material utilizing a laptop computer. Vice Mayor Servian stated that training on the manner in which to underline and make notes on the electronic documents would be beneficial; that the technology is available; that carrying a laptop computer rather than the Agenda book is supported. City Auditor and Clerk Robinson stated that the system is 95 percent complete; that a Staff meeting was dedicated to the process; that the process was reviewed with Staff. Mayor Martin stated that IT can provide the support; that large site plans would be problematic; and asked if a site plan can be scanned? City Auditor and Clerk Robinson stated that the site plans can be scanned; that many applicants will scan the site plan or the site plan will be submitted separately; that the preference is personal. On motion of Commissioner Bilyeu and second of Vice Mayor Servian, it was moved to continue the meeting through the consideration of the Strategic and Operational Objectives for the Charter Officials. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Palmer, yes; Servian, yes; Martin, yes. City Attorney Taylor stated that the Strategic Objectives will sound similar; that a significant amount of time has been spent creating the Strategic Objectives; that the appointment of one or more Assistant City Attorneys also requires a transition plan; that a transition plan has been created; that implementation of controls over expenses within the City Attorney's Office has been accomplished; that a demonstration of the controls with the detail necessary which indicates the results will be available; that a reporting process will keep the Commission and Charter Officials apprised of requests for services from Staff; that communication with the Commissioners individually will occur on a regular basis; that a free, quick flow of information will always be available; that the training programs referenced by the City Auditor and Clerk will be developed for City boards and committees as well as City Staff; that a training element on all the issues relating to Staff exists for document production, etc.; that the assignment was not totally understood; that the objectives went further than necessaryi that with the addition of the item of working with the other Charter Officials brought up by Commissioner Palmer, the items presented at' the present time will extend through FY 2003/04; that adjustments likely will be made for the future fiscal year. Mayor Martin stated that the information concerning the City Attorney Strategic and Operational Objectives includes two fiscal years. Commissioner Palmer stated that under the Operational Objectives FY 2003/04, the second objective is to prepare and submit to the Commission a transition plan for the permanent transfer of the position of City Attorney; that the formal action should be placed on the Agenda of the September 7, 2004, Regular Commission meeting, for the Assistant City to take the position as City Attorney on October 1, 2004; that the second meeting in September BOOK 56 Page 28284 07/06/04 2:30 P.M. BOOK 56 Page 28285 07/06/04 2:30 P.M. 2004 is close to the time of the formal takeover by the Assistant City Attorney; and asked if placing the plan on the Agenda of the September 7, 2004, Regular Commission meeting is a problem? City Attorney Taylor stated no. Mayor Martin stated that the matter may not necessarily require being presented at a Commission meeting. City Attorney Taylor stated that his June 25, 2004, memorandum indicated the necessary accomplishments; that the votes taken at the current meeting made the appointment of a new City Attorney. Commissioner Palmer stated that the matter should be placed on the Agenda of the September 7, 2004, Regular Commission meeting unless formal action is not necessary at a Commission meeting. Mayor Martin stated that the presented objectives have a date certain of September 30, 2004. Commissioner Palmer stated that September 30, 2004, is too late for the Commission to take action; that the takeover is scheduled for October 1, 2004; that the point has been made. Vice Mayor Servian stated that Attorney Fournier was requested to present a report to the Commission of the manner in which he expected to proceed. Commissioner Atkins asked the significance of the September 30, 2004, date? Commissioner Palmer stated that the Assistant City Attorney will become the City Attorney on October 1, 2004. Mayor Martin stated that the presented objectives are for the FY 2003/04 and will be realized by September 30, 2004; that the transition plan will have been implemented; that the change will be made as of October 1, 2004. Commissioner Palmer stated that the matter does not require being placed on the Agenda if a definitive document is not necessary for approval by the Commission. City Attorney Taylor stated that he was appointed City Attorney only by vote of the Commission at the table. Vice Mayor Servian stated that the Commission acted on the appointment of a new City Attorney earlier in the meeting. Commissioner Atkins stated that the personal perception is difterent. Vice Mayor Servian stated that the understanding of the motion at the current meeting is City Attorney Taylor will retire September 30, 2004; that Robert Fournier, Assistant City Attorney, will become the City Attorney effective October 1, 2004; that a contract will be entered into by January 1, 2005, if all parties are agreeable. Commissioner Atkins stated that the thought was the contract made the appointment happen rather than the date; that the action is understood. On motion of Vice Mayor Servian and second of Commissioner Bilyeu, it was moved to approve the Strategic and Operational Objectives for the Charter Officials for the balance of the FY 2003/04 with the addition of a Strategic Objective for the City Auditor and Clerk, the City Attorney, and the City Manager to work together to accomplish the Strategic Plan and implement the Commission Policies and Directives. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yesi Palmer, yes; Servian, yes; Martin, yes. The Commission recessed at 4:38 and reconvened at 6:00 p.m. 11. PRESENTATION RE: GIFT OF APPRECIATION FROM SHAI GERSHON REPRESENTING SISTER CITY TEL MOND, ISRAEL CD 6:00 through 6:10 Mayor Martin requested that Shai Gershon, resident of and representing Sister City Tel Mond, Israel, and Alice Cotman, Sarasota City Director for Tel Mond, come before the Commission, and stated that Linda Rosenbluth, President, Sarasota Sister Cities Association, is present in the Chambers audience. Ms. Gershon stated that on behalf of the people and the Mayor of Tel Mond, the City is presented the symbol of Tel Mond; and also presented each Commissioner a symbol of good luck made by her two daughters. Mayor Martin presented gifts to Ms. Gershon from the City to Tel Mond and stated that the understanding is Ms. Gershon is a BOOK 56 Page 28286 07/06/04 2:30 P.M. BOOK 56 Page 28287 07/06/04 2:30 P.M. computer specialist who coordinates student activities with the Sister Cities program. Ms. Gershon stated that is correct; that a process began a year ago; that children from Tel Mond communicate via electronic mail (email) with children from Sarasota; that she visited Sarasota approximately 20 years ago at age 16; that she is returning today with her daughters; and thanked the Commission for the hospitalities. 12. COMMISSION PRESENTATION RE: EMPLOYEE OF THE MONTH FOR JUNE 2004, CINDY CUMBIE, DUPLICATING EQUIPMENT OPERATOR, GENERAL SERVICES (AGENDA ITEM XII-1) CD 6:10 through 6:15 Mayor Martin requested that City Manager McNees, Nancy Carolan, Director of General Services, and Cindy Cumbie, Employee of the Month for June 2004, join him and the Commission at the Commission table. Ms. Carolan stated that a special note is Ms. Cumbie's two biggest customers in the duplicating department are the two departments nominating Ms. Cumbie, specifically the Office of the City Auditor and Clerk and the Planning and Redevelopment Department which provide the most opportunity for service involving the development of the Commission Agenda books for regular and special Commission meetings and duplication for the Planning and Redevelopment Department; that Staff of the Office of the City Auditor and Clerk is especially grateful for Ms. Cumbie's expertise with the duplicating equipment and dedication and attention to detail; that prior to Ms. Cumbie's employment, significant duplicating was outsourced; that a good choice was made in hiring Ms. Cumbie. City Manager McNees stated that for the Commission to recognize Ms. Cumbie as Employee of the Month for June 2004 is pleasing; that three years ago the in-house print shop was not working well; that outsourcing all duplicating work was contemplated; that City Auditor and Clerk Robinson and Gibson Mitchell, Finance Director, are happy with Ms. Cumbie's performance; and thanked her for the good work. Mayor Martin presented Ms. Cumbie with a City-logo watch, a plaque, and a certificate as the June 2004 Employee of the Month in appreciation of her unique performance with the City of Sarasota; and congratulated her for her outstanding efforts and for serving with excellence and pride. Ms. Cumbie thanked the Office of the City Auditor and Clerk and the Planning and Redevelopment Department for the nomination and all the City departments for the support. 13. COMMISSION PRESENTATION RE: RECOGNITION OF BILLY E. ROBINSON AS CITY CLERK OF THE YEAR BY THE FLORIDA LEAGUE OF CITIES (AGENDA ITEM XII-2) CD 6:15 through 6:20 Mayor Martin stated that City Auditor and Clerk Robinson was selected by the Florida League of Cities as City Clerk of the Year in the first annual Florida Cities of Excellence Program in recognition of his commitment to excellence in areas such as judgment, initiative, integrity, innovation, and professionalism; that City Auditor and Clerk Robinson has earned the respect of elected officials, the public, the business and educational communities and representatives of civic organizations and governments at the local, state, and national levels; that in addition to his duties as a Charter Official of the City, City Auditor and Clerk Robinson serves as Administrative Coordinator of the Manasota League of Cities, serves as Parliamentarian for the National League of Cities, and is a past President of the Florida Association of City Clerks, which recognized him with the prestigious Robert N. Clark Memorial Award, a lifetime award given annually to a city Clerk for having promoted and advanced the ideals and goals of the city clerk profession by actively participating in the improvement of municipal government. Mayor Martin continued that in 1994, City Auditor and Clerk Robinson was recognized by the International Institute of Municipal Clerks with an award for the best Records Management Program throughout the world in cities with a population of 2,501 to 100,000; that City Auditor and Clerk Robinson is a former Chair of the Manatee Community College Institute of Government Steering Committee, was appointed by the Florida State Chancellor of Education to serve on the State Institute of Government Policy Committee, and served on the Florida League of Cities League of Criminal Justice Ethics and Personal Policy Committee; that City Auditor and Clerk Robinson is the City's official liaison to the Sarasota Sister Cities Association and, as Secretary to the Community Redevelopment Agency, works closely with the Sarasota Housing Authority Board; that the Commission is very proud to recognize City Auditor and Clerk BOOK 56 Page 28288 07/06/04 2:30 P.M. BOOK 56 Page 28289 07/06/04 2:30 P.M. Robinson for being named City Clerk of the Year by the Florida League of Cities; that the Commission extends its sincere appreciation for City Auditor and Clerk Robinson's dedication to the City of Sarasota over many years. Mayor Martin presented City Auditor and Clerk Robinson a plaque which included a July 3, 2004, Sarasota Herald-Tribune editorial recognizing the contribution of City Auditor and Clerk Robinson to the citizens of the community. City Auditor and Clerk Robinson stated that receiving the award from the Florida League of Cities is an honor; that the award was received due to the support of the current Commission, past Commissions, and Staff; that the award belongs to the City of Sarasota. 14. SCHEDULED PRESENTATION : PRESENTATION RE: : SARASOTA COUNTY OPENLY PLANS FOR EXCELLENCE (SCOPE) (AGENDA ITEM XIII-1) CD 6:20 through 6:33 Sarah Pappas, Chair, Sarasota County Openly Plans For Excellence (SCOPE), Karen Rushing, Clerk of Courts and Chair of the Community Change: Redevelopment and Infill Study (Study), Lawrence Culder, Vice Chair of the Study, Dr. Lawrence Swier, Chair of the Family Violence Study Group, and Marylee Bussard and Suzanne Gregory, SCOPE Staff members, came before the Commission. Ms. Pappas stated that the participation of many City employees in the Study regarding redevelopment and infill is appreciated; that portions of two of the 2003/2004 SCOPE reports will be presented. Ms. Rushing stated that the Study focused on improving communities through redevelopment and infill and fulfilling the vision of the neighborhoods and the vision of the greater community; that the Study group recognized redevelopment and infill are essential to creating vibrant communities; that the community including residents, businesses, developers, and local government must maximize the potential of redevelopment and infill; that the Study process captured the energy of many people during a six and one- half month process; that the first key issue identified by the Study group is the community requires a better understanding of the benefits and challenges of redevelopment and infill; that more information and better communication between the local community and the developers are necessaryi that early involvement of a redevelopment project by the community is critical; that the neighborhoods and businesses must help create a redevelopment and infill plan; that neighborhood participation must increase at the project level; that regulations must improve and use incentives are required to make redevelopment and infill more attractive to investors; that some residential and commercial areas which have declined are on the tipping point, or the cusp, of moving toward improvement or continuing to decline; that investing in the areas is required to ensure the tipping point is in the proper direction. Ms. Rushing continued that ideas for change from the Study include involving the community in creating a redevelopment and infill plan; that the plan should include a database of properties which meet the redevelopment and infill goals and identification of areas which are at the tipping point; that the City has a good Neighborhood Partnership Office; that an idea is to create a tool kit to assist neighborhoods and commercial areas in developing vision or improvement plans; that local governments should work together to complete a Countywide mapping database of community characteristics which would include the location of historic and significant structures; that data collection should be ongoing to maintain current information; that the information will assist the residents and developers in understanding the areas. Ms. Pappas stated that Kathy Baylis, Dr. Kay Glasser, and Janice Mee, members of the SCOPE Board of Directors, as well : as other Study group members are present in the Chambers audience; that their support is appreciated. Dr. Swier thanked Wendy Fishman, Vice Chair, SCOPE, and the wonderful people who pàrticipated in the Family Violence Study; that conducting the Family Violence Study was very emotional; that everyone learned the importance of responding to and preventing family violence; that the Sarasota Police Department is an excellent police force and acts as the ambulance; that one person is arrested and the other person is taken to a shelter for protection which acts as an emergency room; that the Safe Place And Rape Crisis Center of Sarasota, Inc. (SPARCC) which is a short-term facility performs wonderful work; that a long-term 12-bed facility called Domestic Abuse Shelter Homes (DASH) is available; that the Sarasota Police Department is doing an excellent job; that the police officers, the City, the County, and the State are sensitive to domestic violence issues; that the State of Florida is one of the more progressive states in the US regarding family violence; that the individual, the BOOK 56 Page 28290 07/06/04 2:30 P.M. BOOK 56 Page 28291 07/06/04 2:30 P.M. family, the neighborhood, the faith based community, and the health giving community are important in preventing violence; that any violence is evil; however, family violence is particularly evil. Dr. Swier continued that an example of overcoming adversity is a story of a young man whose mother was involved in a tumultuous relationship with a man who was not his father; that a child was born of the relationship; that the mother left and found a boyfriend with whom she had two children while still married; that a nasty divorce caused the family to become destitute; that the mother started a small business attempting to make ends meet; that the children helped with the business; that the mother died when the young man was 13 years of age; that the father successfully sued the mother's estate; that the destitute young man immigrated to the US; that the young man was Alexander Hamilton, Aide de Camp to General George Washington, creator of the Federalist Papers with John and James Madison; that hope resides with the individual; that helping people to understand violence is wrong is important. Mayor Martin asked for clarification regarding implementation of the two studies. Ms. Pappas stated that SCOPE will be raising community awareness, collaborating with decision makers responsible for implementation, and tracking changes to measure the impact of the studies; that two subject matters for 2005 are Race and Cultural Relations in Sarasota County and the Graying of Sarasota; that SCOPE will examine the University of Florida experiment, Smart Home, which uses computer and sensor technology to provide automatically the assistance at home which many aging people require to live more independently; that all the new inventions and technologies to help the senior population will be considered; that studying such facilities is appropriate as Sarasota has a large senior population; that an attempt for future studies will be to approach a business which cannot allow employees time off from work to attend meetings and establish a focus study group at the business site to achieve input from a wider group of citizens; that SCOPE will consult with Peter Block who is an author and consultant regarding empowerment, stewardship, chosen accountability, and the reconciliation of community. Mayor Martin stated that the caliber of the people attending the study groups and the leadership is remarkable; that the hard work of the SCOPE Staff is excellent and appreciated. Dr. Swier stated that the excellent work of Stanley Duncan, Captain, Sarasota Police Department, in supporting SCOPE's efforts is appreciated. Mayor Martin requested that City Auditor and Clerk Robinson explain the public hearing sign-up process. City Auditor and Clerk Robinson stated that all persons wishing to speak at the public hearings are requested to complete a Request to Speak form; that speakers at the non quasi-judicial public hearings will have five minutes to speak; that speakers will be timed and will be advised when one minute remains; and repeated for the benefit of those present in the Chambers the Pledge of Public Conduct as adopted by the Commission as follows: We may disagree, but we will be respectful to one another. We will direct all comments to issues. We will avoid personal attacks. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. 15. NON QUASI-JUDICIAL PUBLIC HEARING RE: : PUBLIC HEARING RE : PROPOSED ORDINANCE NO. 04-4554, AMENDING CHAPTER 2, ADMINISTRATION, OF THE SARASOTA CITY CODE, ARTICLE V, BOARDS, COMMISSIONS AND COMMITTEES, BY ADDING THERETO A NEW DIVISION 2.5, YOUTH ADVISORY BOARD ; PROVIDING FOR THE CREATION OF THE YOUTH ADVISORY BOARD AS AN ADVISORY BOARD TO THE CITY COMMISSION; PROVIDING THE MEMBERSHIP REQUIREMENTS, APPOINTMENT PROCEDURES AND DUTIES OF THE YOUTH ADVISORY BOARD ; REPEALING ORDINANCES IN CONFLICT : PROVIDING FOR SEVERABILITY IF ANY OF THE PARTS HEREOF ARE DECLARED INVALID; ETC. (TITLE ONLY) PASSED ON FIRST READING (AGENDA ITEM XIV-A-1) CD 6:33 through 6:40 Mayor Martin opened the public hearing concerning proposed Ordinance No. 04-4554 to amend Chapter 2, Administration of the Sarasota City Code, Article V, Boards, Commissions, and Committees to create a new Youth Advisory Board. City Auditor and Clerk Robinson stated that proposed Ordinance No. 04-4554 creates a Youth Advisory Board for the Cityi; that the BOOK 56 Page 28292 07/06/04 2:30 P.M. BOOK 56 Page 28293 07/06/04 2:30 P.M. Youth Advisory Board will consist of 11 members and can provide the Commission with a youth perspective concerning issues regarding City government and can educate youth regarding City matters; that the appointment procedure is a student selection committee will be established to interview each applicant who applies through the regular City application process; that the student selection committee will also create an application process which will require an essayi that the applications will be submitted to the Office of the City Auditor and Clerk and subsequently forwarded to the student selection committee, which will recommend six members for selection by the Commission; that the six members will be representatives of Booker, Cardinal Mooney, West Coast High Schools, the Center for Human Development, Sarasota Military Academy, and any at-large high school City resident student not attending the indicated schools, allowing eligibility for a home-schooled student or a student of Riverview High School; that five members of the Youth Advisory Board will be appointed individually by the Commissioners from the applications submitted. The following people came before the Commission: Justin Collins, Chairperson, Samantha Smith, Vice Chairperson, and Melissa Reese, Secretary, Committee to Establish a Youth Advisory Board (Committee). Mr. Collins thanked the Commission for the honor to come before the Commission; that the Committee has been working diligently for the past seven months; that the goal of the Youth Advisory Board is to educate the City and the Commission concerning the youth perspective affecting the City and also to educate the youth of the City concerning government issues and the manner in which government runs; that the members of the Committee have received a significant education regarding government business; that City Auditor and Clerk Robinson provided significant assistance. There was no one else signed up to speak and Mayor Martin closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 04-4554 by title only. On motion of Commissioner Palmer and second of Vice Mayor Servian, it was moved to pass proposed Ordinance No. 04-4554 on first reading. Commissioner Palmer thanked Mr. Collins, Ms. Smith, and Ms. Reese for the excellent job; that the formation of the Youth Advisory Board was the result of collaboration with the Office of the City Auditor and Clerk and hard work; that the Commission is proud of the effort of the three members of the Committee to Establish a Youth Advisory Board. Vice Mayor Servian stated that she spoke at Sarasota High School on Thursday, July 1, 2004; that seeing the large number of students in attendance was unexpected; that the large number of students interested in learning about government and becoming involved was surprising; that - the establishment of the Youth Advisory Board is pleasantly anticipated; and thanked the students for all the hard work. Mayor Martin stated that Commissioner Palmer provided the impetus for the Youth Advisory Board, which is appreciated. Mayor Martin called for a vote on the motion and requested that City Auditor and Clerk Robinson proceed with the roll-call vote to pass proposed Ordinance No. 04-4554 on first reading. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Servian, yes; Atkins, yes; Bilyeu, yes. Commissioner Palmer thanked Sharon Farley, the teacher at Sarasota High School who cooperated with the formation of the Committee to Establish Youth Advisory Board. 16. NON QUASI-JUDICIAL PUBLIC HEARING RE: PUBLIC HEARING PROPOSED ORDINANCE NO. 04-4534, CREATING THE CITY OF SARASOTA AFFORDABLE HOUSING TRUST FUND; STATING THE PURPOSES FOR WHICH MONIES IN THE AFFORDABLE HOUSING TRUST FUND MAY BE EXPENDED AND THE MANNER IN WHICH EXPENDITURES FROM THE FUND SHALL BE AUTHORIZED; ; PROVIDING DEFINITIONS, : PROVIDING FOR SEVERABILITY OF THE PARTS HEREOF IF DECLARED INVALID; ETC. (TITLE ONLY) = PASSED ON FIRST READING WITH INDICATED CHANGES (AGENDA ITEM XIV-A-2) CD 6:40 through 7:23 Mayor Martin stated that proposed Ordinance No. 04-4534 creates the City of Sarasota Affordable Housing Trust Fund and opened the public hearing. Robert Fournier, Assistant City Attorney, City Attorney's Office, came before the Commission and stated that the initial draft of proposed Ordinance No. 04-4534 was reviewed and discussed at the BOOK 56 Page 28294 07/06/04 2:30 P.M. BOOK 56 Page 28295 07/06/04 2:30 P.M. May 3, 2004, Regular Commission meeting, prior to scheduling a public hearing; that the following three concerns were expressed regarding the draft of the proposed Ordinance: 1. The proposed ordinance did not include provisions setting income qualifications for the prospective occupants of affordable housing funded in whole or in part from the monies in the trust fund. Assistant City Attorney Fournier stated that definitions for extremely low income households, low income households, and moderate income households were included in the text of the proposed Ordinance which provided the occupants of any affordable housing receiving all or a portion of the housing funds from the Affordable Housing Trust Fund must be in one of the three categories; that the language in Section 2, Definitions (f) of proposed Ordinance No. 04-4534 should be amended to include the following language: A household in which the annual income is greater than 50 percent but no more than 80 percent of the median family income for Sarasota County, . Assistant City Attorney Fournier stated that the next concern is: 2. The proposed ordinance does not include provisions which require owner occupancy of affordable homes funded in whole or in part from monies in the trust fund. Assistant City Attorney Fournier stated that Section 3 of proposed Ordinance No. 04-4534 establishes the parameters for the expenditure of funds; that the requirement for owner occupancy was added for all expenditures; that the Commission may consider removing the owner occupancy requirement from Section 3 (g) of the proposed Ordinance to allow affordable housing for renters; that the word "can" in Section 3(c) and (d) of the proposed Ordinance regarding rehabilitation, preservation, maintenance, repair of substandard housing, and purchasing vacant land should be replaced with the word "will"; and continued that the next concern is: 3. The definition of "affordable housing" is difficult. Assistant Attorney Fournier stated that a definition was tied to median home value; that the median home value in the City in the year 2000 was $96,000; that the concern was for an automatic adjustment for inflation or deflation or changes in the cost of living sO proposed Ordinance No. 04-4534 will not require future amendments; that the Bureau of Economic and Business Research (BEBR) at the University of Florida was contacted to determine if median home values were updated by the US Census Bureau or by BEBR at periodic intervals during the decade between each Census; that the information is not updated; that BEBR does maintain updated data regarding the median value of homes bought and sold annually by jurisdiction, as distinguished from the median value of all homes; that the information is not especially helpful for the purpose of defining an affordable home; that consequently, the revised draft of proposed Ordinance 04-4534 does not incorporate median home value into the definition of affordable housing; that using median household income presented problems as the number is typically adjusted to family size for a more useful indicator; that a definition was devised which incorporates average annual per capita income in the jurisdiction which is updated periodically; that the most current figures are from two years subsequent to the 2002 Census; that a 2.5 multiplier was incorporated to utilize average annual per capita income. Assistant City Attorney Fournier continued that a concern was expressed indicating $96,000 is too expensive for many people; that $96,000 is a maximum; that funds can be approved for repairs, rehabilitation, etc.; that the purpose of proposed Ordinance No. 04-4534 is to establish the Affordable Housing Trust Fund and parameters for expenditures from the fund; that currently the only source for funds is from projects approved for increased density in the Downtown Residential Overlay District (DROD) in the amount of $2,500 per unit above the allowable maximum density of 50 units per acre. Assistant City Attorney Fournier continued that the proposed Ordinance does not include any provisions to assure the units remain affordable; that the proposed Ordinance is not tied directly to any development or development approvals such as those incorporated in the DROD Ordinance; that the increased density is provided if the criteria in the DROD Ordinance are met; that the DROD Ordinance was intended to increase the number of residents in the Downtown and provide a broader range of housing types; that a copy of proposed Ordinance No. 04-4534 was provided to Staff for comment. BOOK 56 Page 28296 07/06/04 2:30 P.M. BOOK 56 Page 28297 07/06/04 2:30 P.M. Vice Mayor Servian asked the manner in which an individual would apply for funds? Assistant City Attorney Fournier stated that the Commission must approve every expenditure from the Affordable Housing Trust Fund; that a Commissioner may place an application on an Agenda; that a group or citizen may make a direct request to the Commission; that the proposed Ordinance does not provide an administrative process. Mayor Martin stated that the Commission can be proactive and request proposals. Commissioner Atkins stated that for-profit and not-for-profit developers in the community are developing low and moderate income housing and can refer potential applicants; that City Hall is an intimidating place for many people; that a builder may recommend a person who would otherwise never attempt to approach the Commission; that other housing agencies can refer people to apply for funds. The following person came before the Commission: Stephen Rees, Attorney, law firm of Icard, Merrill, Cullis, Timm, Furen, and Ginsburg, 2033 Main Street, Sarasota (34237), stated that he is a Land Use Attorney and had the privilege to speak in favor of the DROD Ordinance at the public hearing; that the Commission constructively and favorably considered many comments; that Sarasota Main Street, LLC, is the first and only developer who has had a project approved under the DROD designation; that consideration must be given to the good consequences or the practical problems of the proposed Ordinance; that Sarasota Main Street, LLC, will contribute $252,500 as required by the applicable section of the Zoning Code (2002 Ed.) to the Affordable Housing Trust Fund; that the genesis of the DROD concept was a recommendation by the developer- applicant; that the deyeloper-applicant is unable to appear at the current meeting and requested he indicate the strong support for adoption of the proposed Ordinance and the ability upon completion of construction and issuance of Certificate of Occupancy to provide contributions to both the Affordable Housing Trust Fund and the companion Transit Development Trust Fund; that the Transit Development Trust Fund requires a contribution of $101,000 by Sarasota Main Street, LLC; that receiving significant contributions into the Affordable Housing Trust Fund will be somewhat lengthy and sporadic due to the unknown origin of the funds; that as development and redevelopment opportunities occur within the DROD, more funding will occur on a more regular basis; that the Sarasota Main Street, LLC, project is an initial step and a small contribution to a large problem; however, providing some assistance is pleasing; that the City's strong endorsement of the concepts embodied in proposed Ordinance Nos. 04-4534 and 04-4535 is appreciated. There was no one else signed up to speak and Mayor Martin closed the public hearing. City Manager McNees stated that an option to have a defined competitive process for the use of the funds is good; that care should be taken if no administrative guidelines exist; that the suggestion is a process be established for the determination of allocating or awarding funds. Mayor Martin stated that a concern is if the Commission should be arbiters; that an administrative process with proper criteria is necessaryi that the Commission can be proactive in issuing a call for proposals to use the funds; that an administrative review will eliminate a political process; that the proposed Ordinance empowers the Commission as the arbiters. Commissioner Bilyeu agreed and stated that $252,000 could provide two and one-half homes leaving a zero balance in the Affordable Housing Trust Fund; that Staff currently works with administration of grants; that administrative rules and guidelines will assist Staff in the implementation of the proposed Ordinance. Mayor Martin stated that the Commission may proactively initiate a call for proposals. Vice Mayor Servian stated that the preference is the Commission not make the decisions; that the Commission will be in a difficult position to place one applicant in opposition to another; that proper criteria should be established for an administrative process; however, being precluded from issuing a call for proposals or a Request for Proposals is not desired; that $252,000 should be utilized by numerous people for down payment assistance or rehabilitation assistance, rather than building a home; that the intent of the proposed Ordinance is not for new construction. City Manager McNees stated that the determination of the recipient of the funds should rest with the Commission; that the process BOOK 56 Page 28298 07/06/04 2:30 P.M. BOOK 56 Page 28299 07/06/04 2:30 P.M. included in the proposed Ordinance is similar to the neighborhood grant process which provides clear criteria; that Staff performs an evaluation and brings recommendations to the Commission; that the Commission decides the recipient of funds; that criteria should be established for Staff review to assist the Commission in decision making. Assistant City Attorney Fournier agreed and stated that the manner of decision making is at the will of the Commission; that preparing administrative procedures or standards is not the role of the City Attorney's Office; that Staff should develop procedures; that the proposed Ordinance can be passed in the current form and administrative procedures subsequently established; that the proposed Ordinance can be revised prior to second reading to provide the decisions are made administratively, that direction is required to know specifically the entity which will be the decision maker. Commissioner Atkins stated that every request should not come before the Commission; that the Administration or its designee can establish criteria; that the understanding was the funds were to support people buying houses and not necessarily the construction of houses; that not requiring people to come before the Commission is preferred; however, people should know support is available. Mayor Martin stated that a suggestion was to set a Lower monetary limit; however, the attempt is to provide a wide-range option due to the current uncertainty regarding Federal grants and funding; that funds from the Affordable Housing Trust Fund are not supplemental to the current programs such as down payment assistance or mini loans which is good; that the vision was development in the DROD would include affordable housingi that consideration should be given to innovative methods of providing affordable housing; that the wide range of options for use of the funds will allow the Commission to issue Requests for Proposals. City Manager McNees stated that Staff has considered innovative methods for providing affordable housing and will continue to do sO. Commissioner Palmer stated that the manner in which the proposed Ordinance is worded regarding rehabilitation, preservation, maintenance, repair, purchase price, purchase of vacant property, etc., provides significant variety and flexibility; that the decision should not be made by the Commission; that administrative regulations or guidelines should be established; that the Commission can issue a Request for Proposals for a specific project; that $252,000 is not significant considering the necessity for affordable housing; that funds from additional sources other than the DROD may be used to increase the Affordable Housing Trust Fund; that other types of housing developed in the Downtown or elsewhere may contribute to the Affordable Housing Trust Fund; that funds from the Affordable Housing Trust Fund are not limited to the Community Redevelopment Area; that opportunities for improvement and expansion of the fund exist in the future; that programs from the Office of Housing and Community Development, the Community Development Block Grant Program, and several other programs, including the Section 8 Program of the United States Department of Housing and Urban Development, provide rental assistance; that funds should be reserved for owner occupied homes. Assistant City Attorney Fournier stated that the suggestion was to remove the owner occupied provision in Section 3(g) of proposed Ordinance No. 04-4534, which is at the Commission's discretion. Commissioner Palmer stated that the proposed Ordinance could be amended in the future; that the preference is to maintain the owner occupied provision. Mayor Martin stated that the flexibility to allow use of the funds for rentals is preferred due to the current difficulties with Section 8 vouchers and the diminishing funds from the Federal government; that the opportunity is to use the funds in any manner which most meets the requirements of the community, including rental assistance. Vice Mayor Servian stated that an opportunity should be provided for someone to receive assistance to purchase property for affordable rentals; that proposed Ordinance No. 04-4534 as written prevents the purchase for rental property; that a provision in the proposed Ordinance should allow the purchase of real property if the owner's intent is to provide affordable rental units; that affordable rental units are a significant necessity. Assistant City Attorney Fournier stated that eliminating the word "owner" in Sections 3(d) and (g) of proposed Ordinance No. 04-4534 would accommodate the use of funds for rental units. Vice Mayor Servian stated that precluding uses prior to knowing the nature of requests is not desired. BOOK 56 Page 28300 07/06/04 2:30 P.M. BOOK 56 Page 28301 07/06/04 2:30 P.M. Mayor Martin stated that proposed Ordinance No. 04-4534 could be incorporated in the update of the Sarasota Consortium 2000-2005 Consolidated Plan (Consolidated Plan) currently being drafted. City Manager McNees stated that flexibility is good; that the Affordable Housing Trust Fund provides the only source of funds immediately available which is solely under the Commission's control; that incorporation in the Consolidated Plan would require the County's approval to make a change. Mayor Martin stated that proposed Ordinance No. 04-4534 references the Consolidated Plan; that the Consolidated Plan must validate the proposed Ordinance. Assistant City Attorney Fournier stated that the understanding is the activities of the Office of Housing and Community Development would be in furtherance of the Consolidated Plan; that the Affordable Housing Trust Fund could be utilized to assist in implementation of the Consolidated Plan. Vice Mayor Servian asked the frequency of updating the data regarding median household income and average annual per capita income? Assistant City Attorney Fournier stated that the data is updated every five years; that the most current data available is four years old. Vice Mayor Servian stated that the statistics are shocking; that a question is the ability of a household of six to survive on a $16,000 income. Commissioner Atkins stated that survival is not possible with a $16,000 income. Vice Mayor Servian asked if the data would be updated? Assistant City Attorney Fournier stated that updated statistics are available; that utilizing median family income is not appropriate, as statistics are adjusted for family size; that the average individual per capita is a more useful number to utilize. Mayor Martin asked for clarification regarding maintaining affordability. Assistant City Attorney Fournier stated that approving variances for land use allows for an ordinance requiring units to remain affordable for the long term; that proposed Ordinance No. 04-4534 was developed due to the DROD Ordinance, which was not conceived as an affordable housing ordinance but rather was designed to encourage more people to live Downtown; that the Commission has a broad range of discretion as to specific requirements such as maintaining affordable rates for a certain period of time. There was no one signed up to speak and Mayor Martin closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 04-4534 by title only. On motion of Commissioner Atkins and second of Vice Mayor Servian, it was moved to pass proposed Ordinance No. 04-4534 on first reading. Commissioner Atkins stated that the City is headed in the right direction; that the possibility for remedying some of the City's problems is pleasing; that the statistics related to the percentage of people in poverty in Census Tracts 2, 3, and 10 are appalling; that some problems do not relate to the average per capita income; that the possibilities are unlimited as the City moves forward in the adoption of proposed Ordinance No. 04-4534; that adoption of the proposed Ordinance is appreciated. Vice Mayor Servian stated that the adoption of proposed Ordinance No. 04-4534 is pleasing; that the proposed Ordinance is long overdue and is one tool of many to encourage home ownership and affordable rentals and to make a community in which all people can live. Commissioner Palmer stated that proposed Ordinance No. 04-4534 is strongly supported; that the entire Commission is attempting to provide for the lack of affordable housing, which is pleasing; that the Commission discussion convinced her the proposed Ordinance should be open and flexible to allow rental housing; that the changes recommended by Assistant City Attorney Fournier should be incorporated in the motion. Commissioner Atkins stated that the basis of the motion was to include the recommended changes. BOOK 56 Page 28302 07/06/04 2:30 P.M. BOOK 56 Page 28303 07/06/04 2:30 P.M. Mayor Martin stated that the understanding is proposed Ordinance No. 04-4534 would be amended as follows: The language in Section 2, Definitions (f) of proposed Ordinance No. 04-4534 will be amended to read: A household in which the annual income is greater than 50 percent but no more than 80 percent of the median family income for Sarasota County, The language in Section (c) will be amended by changing the word "can" to "will". The language in Section (d) will be amended by changing the word "can" to "will" and the word "owner" eliminated. The language in Section (g) will be amended by eliminating the owner occupied provision. Mayor Martin called for a vote on the motion and requested that City Auditor and Clerk Robinson proceed with the roll-call vote to pass proposed Ordinance No. 04-4534 with indicated changes on first reading. Motion carried unanimously (5 to 0): Palmer, yes; Servian, yes; Atkins, yes; Bilyeu, yes; Martin, yes. 17. NON QUASI-JUDICIAL PUBLIC HEARING RE: : PROPOSED ORDINANCE NO. 04-4535, CREATING THE CITY OF SARASOTA TRANSIT DEVELOPMENT TRUST FUND : STATING THE PURPOSES FOR WHICH MONIES IN THE TRANSIT DEVELOPMENT TRUST FUND MAY BE EXPENDED AND THE MANNER IN WHICH EXPENDITURES FROM THE FUND SHALL BE AUTHORIZED; ; PROVIDING DEFINITIONS, ; PROVIDING FOR SEVERABILITY OF THE PARTS HEREOF IF DECLARED INVALID; ETC. (TITLE ONLY) PASSED PROPOSED ORDINANCE NO. 04-4535 ON FIRST READING WITH A REVISED FOURTH WHEREAS CLAUSE AND A REVISED SECTION 3 (AGENDA ITEM XIV-A-3) CD 7:23 through 7:50 Mayor Martin stated that proposed Ordinance No. 04-4535 creates the City of Sarasota Transit Development Trust Fund and opened the public hearing. Robert Fournier, Assistant City Attorney, City Attorney's Office, came before the Commission and stated that the proposed Transit Development Trust Fund is funded by contributions from projects in the Downtown Residential Overlay District (DROD) which are awarded more density than allowed by the Zoning Code (2002 Ed.); that the developers are required to pay a fee of $1,000 for each unit which exceeds the maximum density of 50 units per acre for the project; that the Transit Development Trust Fund fee is similar to an impact fee which requires the funds be used for capital projects in the Community Redevelopment Area; that the funds must be expended within a reasonable time subsequent to collection; that the funds must benefit the people or entities paying the fee; that two changes to the proposed Ordinance are recommended; that the fourth Whereas clause should be amended to read: Whereas, the underlying philosophy of the Downtown Master Plan 2020 is that downtown Sarasota, as an urban center, must be revitalized by being made more urban; and, Assistant City Attorney Fournier continued that Section 3, Expenditures of Funds of the proposed Ordinance, indicates funds will be expended only for purchase or construction of transit facilities which will primarily or exclusively be used by residents of and visitors to the Community Redevelopment Area; that primary or exclusive use is not appropriate; that a substantial benefit should accrue; that Section 3 should be amended to read as follows: Monies deposited in the City of Sarasota Transit Development Trust Fund shall thereafter be expended only for the purchase or construction of public transit facilities, which will substantially or exclusively benefit residents of and visitors to the Community Redevelopment Area. Mayor Martin stated that a shuttle or trolley system, which serves the north City neighborhoods and provides for convenient travel Downtown, would substantially benefit the Downtown as less congestion would occur. Assistant City Attorney Fournier agreed. Mayor Martin stated that a legal mandate is expenditure of funds must benefit residents and visitors. Assistant City Attorney Fournier stated that the legal mandate is expenditure of funds must be of a substantial or real benefit rather than a primary benefit. Commissioner Palmer asked the reason the word "exclusively" is retained in Section 3 of the proposed Ordinance? BOOK 56 Page 28304 07/06/04 2:30 P.M. BOOK 56 Page 28305 07/06/04 2:30 P.M. Assistant City Attorney Fournier stated that a shuttle exclusively within the Community Redevelopment Area will meet the test of substantial benefit. Commissioner Palmer asked the impact on the proposed Ordinance at the time the Community Redevelopment Agency sunsets? Assistant City Attorney Fournier stated that the boundaries will remain the same although a Community Redevelopment Agency or Area will not exist; that the current boundaries will continue for the expenditures of funds. Commissioner Palmer asked if requiring a transit contribution for development in the Community Redevelopment Area can continue? Assistant City Attorney Fournier stated that the contribution would come from projects in the DROD; that proposed Ordinance Nos. 04-4534 and 04-4535 provide an opportunity for the Commission by Ordinance to obtain funds from alternative sources if appropriate. Commissioner Palmer asked if requiring contributions can continue subsequent to the expiration of the Community Redevelopment Agency? Assistant City Attorney Fournier stated that the DROD Ordinance expires in two yearsi however, the Transit Development Trust Fund does not expire. There was no one signed up to speak and Mayor Martin closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 04-4535 by title only. On motion of Commissioner Palmer and second of Vice Mayor Servian, it was moved to pass proposed Ordinance No. 04-4535 on first reading, with a revised fourth whereas Clause and a revised Section 3. Mayor Martin requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Servian, yes; Martin, yes; Atkins, yes; Bilyeu, yes Palmer, yesi. 18. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM XV) CD 7:50 through 7:57 Lisa Wilson, 2718 Bayshore Road (34234), Matthew Reynolds, 4201 Bayshore Road (34234), H. Bruce Rinker, Ph.D., 375 Herons Run, #909 (34232, Mary Anne Bowie, 1093 Central Avenue (34236), representing Bowie Urban Planners, Neal Henegar, 4201 Bayshore Drive (33778), and Martin Urka, 668 Sawgrass Bridge Road, Venice, Florida (34292), came before the Commission. Ms. Wilson stated that a presentation will be made concerning community urban ecology; that a six-minute video will substitute for the speaking time for Mr. Reynolds and her. Ms. Wilson presented a video on community urban ecology on the Chamber monitors. Mayor Martin asked the status of time remaining to speak? City Auditor and Clerk Robinson stated that the length of the video presentation was eight minutes and 19 seconds. City Attorney Taylor stated that the presentation began innocently as a citizen presentation; however, an application for the Houses of Indian Beach project is pending and is part of a quasi-judicial process; that a proceeding outside of the quasi-judicial public hearing process is totally inappropriate; that the presentation is considered an ex parte communication and must be disclosed at the time of the quasi-judicial public hearing; that absolutely no interaction should continue on the subject; that the propriety of continuing the presentation which is beyond established rules is questioned; that the recommendation is to thank the group for making the presentation and remind the group a public hearing will be held regarding the subject at which time public input can be taken in a process which allows the applicant an opportunity to hear and respond to a presentation. Mayor Martin stated that citizens are precluded from speaking to the Commission regarding items on the Agenda; that the Houses of Indian Beach project is not on the current Agenda but will come before the Commission in August or September 2004; that the Houses of Indian Beach project is an active application; that the quasi-judicial process requires all communication be on the record; that the Commission functions not as mere Commissioners BOOK 56 Page 28306 07/06/04 2:30 P.M. BOOK 56 Page 28307 07/06/04 2:30 P.M. but as judges in a quasi-judicial process; that an opportunity will be provided for a presentation during the public hearing of the Houses of Indian Beach project application with appropriate time to speak. City Attorney Taylor stated that the time to speak would be established by the Commission. Mayor Martin thanked the group for coming before the Commission; and stated that the situation is precarious; that bringing the same presentation at the appropriate time is pleasantly anticipated. Ms. Wilson asked if the ex parte communication can be disclosed and public input time still be available to discuss an important matter in the City? City Attorney Taylor stated that the time to make a presentation is in the presence of the people who have a contrary opinion to afford a due process of law regarding the right to be heard; that the law does not preclude an ex parte communication which normally is a letter, a telephone call, or a conversation on the street; that making an organized presentation without knowing the limits is inappropriate. Ms. Wilson stated that the presentation is the only manner in which to obtain time to speak. City Attorney Taylor stated that a presentation may be made during the public hearing process. Ms. Wilson stated that the next public hearing will be too late; that the desire is to indicate the current situation. Mayor Martin stated that discussion cannot continue; that an opportunity exists for a future presentation. Mr. Henegar stated that he was invited to attend as an individual; and asked if he is precluded from speaking due to being included in the group? Mayor Martin stated additional input is precluded if speaking regarding the Houses of Indian Beach project; that the video presentation began regarding the overall environmental stewardship in the community; that focusing on one specific project which is an active application to the City crossed a line; that the recommendation is to attend a future Commission meeting to speak generally to stewardship of environmental issues, not specifically to one particular development project. Mr. Henegar stated that the interest is to recommend establishing an environmental advisory board and is not specific to the Houses of Indian Beach project; that an environmental advisory board should be an important component in the community; that a Youth Advisory Board was established earlier in the meeting; that the environment is of enough importance to establish an environmental advisory board. Mayor Martin stated that making an appointment to meet with any Commissioner regarding the Houses of Indian Beach project is encouraged. Mr. Henegar asked if an opportunity will exist to speak regarding establishing an environmental advisory board? Mayor Martin stated that every regular Commission meeting provides opportunities for citizens' input; that the Commissioners are open to individual appointments and receiving electronic mail and telephone calls; that environmental issues were included in the City's Strategic Plan. City Attorney Taylor stated that the public hearing concerning the Houses of Indian Beach project is not necessarily imminent; that an application will be on a future Commission Agenda; that other Commission meetings will occur allowing citizens' input for generalized topics of concerni that indicating an opportunity does not exist to speak to the Commission is incorrect; that a presentation may be made at the next Commission meeting. Mayor Martin stated that the recommendation is to prepare a presentation for the August 2, 2004, Commission meeting. Commissioner Bilyeu stated that speaking globally regarding an environmental advisory board for three minutes and not specifically mentioning Emerald Forest or the Houses of Indian Beach project should be acceptable. Mayor Martin stated that the situation is difficult; that speaking is acceptable if remarks are made in a manner which will provide a comfort level. BOOK 56 Page 28308 07/06/04 2:30 P.M. BOOK 56 Page 28309 07/06/04 2:30 P.M. City Auditor and Clerk Robinson agreed and stated that the remainder of the group should leave the Commission table. Mr. Urka stated that the same opportunity to speak would be appreciated. Mr. Henegar stated that he has been a Sarasota resident for over ten years; that he is active in issues related to sustainable development; that he is designing a holistic retreat center in Costa Rica which involves local businesses and community individuals of Sarasota; that Sarasota has grown sufficiently to have an environmental advisory board; that an environmental advisory board is important to operate as a community; that significant emphasis concerning the environment exists in Costa Rica with extensive research being conducted not just in particular seasons but including full scale research involving all the bio diversity found in a seasonal time in a particular piece of property which is important; that only 15 percent of Sarasota's tree canopy remains; that the alarming rate at which the City is growing impacts stormwater runoff; that the wetland areas include prime considerations for research; that a question is the ability to value what the City has before it is gone without an environmental advisory board; that as a person of and for the community, the arts, sustainable development, and the environment, the Commission is encouraged to adopt an environmental advisory board as part of the process for qualifying development properties. Mr. Urka stated that he is a retired soils scientist; that he has worked in Michigan, South Dakota, Nevada, Utah, Arizona, and Idaho and, therefore, has a good soil resource background; that the information used in soils survey reports for Sarasota County was originally published in 1959; that a subsequent soils survey report was published in 1991; that the reason for the update is additional technology and resources have been gained; that the report concerns more than soil and covers the environment, the ecology, engineering aspects, and proper and improper land use, etc. Mr. Urka distributed copies of the soils survey report and stated that some information is misused or improperly interpreted; that he is available to provide clarification of the information if desired. Commissioner Bilyeu stated that the manner in which Mayor Martin chairs meetings is appreciated; that allowing Mr. Henegar and Mr. Urka to speak is appreciated; and asked if the video presentation is public record? City Attorney Taylor stated yes. Mayor Martin asked City Auditor and Clerk Robinson if the ex parte discussion will be noted at the time the Houses of Indian Beach project is presented for public hearing? City Auditor and Clerk Robinson stated yes. 19. NEW BUSINESS: : DISCUSSION RE: AMOUNT OF THE CONTRIBUTION TO THE AFFORDABLE HOUSING AND THE TRANSIT DEVELOPMENT TRUST FUNDS REQUIRED FROM DEVELOPERS OF PROJECTS RECEIVING APPROVAL FOR ADDITIONAL DWELLING UNITS AS ALLOWED WITHIN THE DOWNTOWN RESIDENTIAL OVERLAY DISTRICT = DIRECTED THE ADMINISTRATION TO RESEARCH A RATIONAL INCREASE IN THE AMOUNT OF THE CONTRIBUTION TO THE AFFORDABLE HOUSING AND TRANSIT DEVELOPMENT TRUST FUNDS FOR DEVELOPMENT WITH INCREASED DENSITY IN THE DOWNTOWN RESIDENTIAL OVERLAY DISTRICT (AGENDA ITEM XVII-1) CD 7:57 through 8:13 Mayor Martin stated that the item concerns the contribution to the Affordable Housing and Transit Development Trust Funds required from developers of projects receiving approval for additional dwelling units as allowed within the Downtown Residential Overlay District (DROD). Vice Mayor Servian stated that the current meeting provides a good opportunity to discuss the amount required for the contribution to the Affordable Housing and Transit Development Trust Funds; that the current contribution is significantly low considering the large density bonuses available in the DROD; and asked if the Commissioners are willing to refer the amount of the contribution to the Administration to determine an appropriate amount * which is not onerous to the developer and provides sufficient funds to perform more of the good work required? Commissioner Palmer stated yes; that the Administration should consider an economic analysis for a fair determination; that a suggestion is to hire a consultant; that Economics Research Associates is currently performing similar work for the City. Vice Mayor Servian stated that Economics Research Associates would be a perfect partner. BOOK 56 Page 28310 07/06/04 2:30 P.M. BOOK 56 Page 28311 07/06/04 2:30 P.M. Mayor Martin stated that a windfall of additional development opportunity and real property value which can be computed has occurred as a result of the increased density allowed in the DROD; that one benefit is the ability to establish the Affordable Housing and Transit Development Trust Funds; that a consultant should be retained. City Manager McNees stated that the Commission should not specify a vendor; that the Administration will determine the appropriate vendor. Vice Mayor Servian stated that the City should acknowledge receiving a benefit of increased density from the DROD is occurring; therefore, the new residential units will be developed more rapidly; that more financial remuneration to the City is required. Commissioner Bilyeu stated that the DROD expires in two yearsi however, the DROD can be extended if the maximum density has not been achieved. Commissioner Palmer stated that the DROD and the requests for Tax Increment Financing (TIF) funds are of concern; that a development which is allowed additional density should not be allowed to apply for TIF funds; that developers are given the opportunity to realize additional revenue with the additional density; that the issue deals with affordable housing. Mayor Martin stated that Staff is currently addressing the issue. Commissioner Palmer stated that a concern is a project must provide a percentage of below market, owner occupied or rental units if additional density is granted as were the developers of the Plaza Verdi and 1350 Main Street projects; that a problem is no procedure exists to ensure people who could only afford below market housing are the people purchasing the properties. City Manager McNees stated that the affordable units would be smaller sO the price would be below the average sales price of units Downtown; that the market rate for an 800 square foot unit is less than the market rate for a 2,500 square foot unit; that the cost is limited by limiting the size. Robert Fournier, Assistant City Attorney, City Attorney's Office, came before the Commission; agreed; and stated that the language in the Request for Proposals for the Plaza Verdi project provides the requirement for including in the project some housing at a lower cost to users than is currently offered Downtown; that the developer is not required to provide units at below market rates but rather units at a lower cost than the general average cost per unit Downtown; that the DROD was not predicated on providing affordable housing but rather on providing lower prices than the high end units dominating the market. Commissioner Palmer stated that the term "affordable housing" causes confusion; that the developer of the 1350 Main Street project indicated units will be available for less money regardless of the size; that the difficulty is ensuring people with lower incomes have the ability to purchase the smaller units; that workforce housing is necessary in the Downtown. Assistant City Attorney Fournier stated that development under the DROD will be on an ad hoc basis; that generalized criteria are provided in the DROD Ordinance to require a certain amount of lower cost units; that the terminology of "below market" is not appropriate. Mayor Martin stated that a joint workshop concerning affordable housing joint workshop should be held with the County. V. Peter Schneider, Deputy City Manager, came before the Commission and stated that the per square foot costs have been the same for each size unit of the residential components of the mixed-use projects approved Downtown to date; therefore, a smaller unit will generate a lower sales price; however, the per square foot cost is the same as the larger units. Mayor Martin asked if a workshop can be scheduled in the near future? City Auditor and Clerk Robinson stated that a tentative date may be in August 2004. Mayor Martin stated that the Commission's consensus is to direct the Administration to research a rational increase in the amount of the contribution to the Affordable Housing and Transit Development Trust Funds for development with increased density in the Downtown Residential Overlay District. 20. NEW BUSINESS: : APPROVAL RE: AUTHORIZE THE MAYOR TO SIGN A LETTER OF ADVISORY COMMENTS TO THE SARASOTA BOARD OF COUNTY BOOK 56 Page 28312 07/06/04 2:30 P.M. BOOK 56 Page 28313 07/06/04 2:30 P.M. COMMISSIONERS REGARDING LITTLE FIVE POINTS (HERALD SQUARE) STORMWATER DRAINAGE = APPROVED (AGENDA ITEM XVII-2) CD 8:13 through 8:24 Mayor Martin stated that authorization is requested for the Mayor to sign a Letter of Advisory Comments to the Sarasota Board of County Commissioners (BCC) regarding Little Five Points, also called Herald Square, stormwater drainage. Richard Winters, Manager of Engineering Projects, Engineering Department, came before the Commission and stated that the Commission is requested to notify or provide the BCC with the City's recommendation regarding moving forward with a drainage project which has languished for two years; that stormwater runoff has caused extensive damage to older buildings in an important part of the Downtown; that the project must proceed to relieve the drainage problems; that an Interlocal Agreement provides for consolidating stormwater management with the County; that the City has the authority to make recommendations or to provide advisories; that the City can make recommendations for projects for consideration; that the recommendation is the Commission provide an advisory to the County to move forward expeditiously concerning a stormwater drainage project at Herald Square. Mayor Martin stated that the recommendation should be to conclude a project. Mr. Winters stated that during a meeting in 2002, the owners of businesses in the area of Herald Square convinced County Staff to shelve the project due to the fear of loss of business during construction; that City Staff believes the project can be built without extensive business disruption as evidenced by the current Downtown construction during which businesses are surviving; that the project can be completed with a cooperative effort between the property owners, the County and City Staff, and the business owners. Vice Mayor Servian asked if any property claims have been made in the area against property owners or flood insurance? Mr. Winters stated no; that the attempt is to define to the County a significant difference between structure flooding in an urban area and flooding in a residential area; that the flooding of the structure does not necessarily mean the water is running in the door and across the floor; that the damage in the Herald Square area is to the footers and under the floor systems of structures; that the damages are mold, mildew, and rot; that insurance claims would not likely occur until failure of a substructure; that accurate information regarding insurance claims is not known. Vice Mayor Servian stated that other stormwater projects consider the number of claims and the dollar amount of losses prior to proceeding with a project; and asked if discussion regarding insurance claims has occurred with the County and whether any interest exists in moving forward if financial damages have not been claimed? Mr. Winters referred to pictures of the flooding problems included in the Agenda backup material; and stated that the problems are self-evident; that the City's best interest is to resolve problems prior to redevelopment rather after the fact. Vice Mayor Servian stated that she is not suggesting the work not be performed; that the question is the level of cooperation from the County without damage claims to support the losses. Mr. Winters stated that the City should seek cooperation with the County. Mayor Martin stated that the project will be funded by Hudson Bayou Basin Capital Improvements Assessments. Mr. Winters stated that is correct. Mayor Martin stated that the property owners pay taxes which is the funding source for improvements in the area; that the degradation of the structural integrity has not been analyzed; however, logic would indicate flooding will be a significant factor in degrading some of the structural integrity of the buildings and foundations over time. City Manager McNees stated that the engineering which led to the decision to design and schedule the project was completed some years agoi that the project was derailed by one meeting of property ownersi that obtaining the County's interest in resurrecting the project has been difficult; that the effort of the Commission to advance the necessity of a stormwater project is required; that the County previously recognized the problem. Mr. Winters stated that the design for the project is completed; that the Southwest Florida Water Management District has issued BOOK 56 Page 28314 07/06/04 2:30 P.M. BOOK 56 Page 28315 07/06/04 2:30 P.M. the permits for the project; that the project is ready to go to bid and construction. Mayor Martin stated that funds are available for the project. Mr. Winters stated that some of the funds have been transferred out of the project. On motion of Commissioner Palmer and second of Commissioner Bilyeu, it was moved to approve and authorize the Mayor to sign a Letter of Advisory Comments to the Sarasota Board of County Commissioners regarding Little Five Points, also called Herald Square, stormwater drainage. Commissioner Palmer stated that the BCC previously approved the drainage project; that the reason for a problem resurrecting the project is not understood; that the funds are coming from the people who pay taxes into the drainage basin area; that the City and County should move forward with the project. Mayor Martin called for a vote on the motion to approve and authorize the Mayor to sign a Letter of Advisory Comments to the BCC regarding Little Five Points, also called Herald Square, stormwater drainage. Motion carried unanimously (5 to 0): Atkins, yesi Bilyeu, yesi Palmer, yes; Servian, yes; Martin, yes. Vice Mayor Servian stated that clarification of the status of the St. Armands Stormwater Project would be appreciated; that a significant number of telephone calls and emails have been received; that a greater problem currently exists than thought a month ago; and asked if Staff is receiving emails from people working on the project from the residents' perspective? Mr. Winters stated yes; that Spencer Anderson, the manager for the St. Armands Stormwater Project, indicated the Florida Department of Environmental Protection 319 Grant Application has been resurrected; that the original grant writer has agreed to become involved again at a nominal fee. Vice Mayor Servian stated that a panic has suddenly occurred as the project is not in progress in the current year; that the project should already be underway sO the impact would occur during the summer prior to the tourist season. Mr. Winters stated that a meeting is scheduled for July 19, 2004, with the Landowners, Merchants, and Residents (LMR) Association and the City and County Staff. Vice Mayor Servian stated that Mr. Anderson was invited to the meeting. Mr. Winters stated that is correct; that Mr. Anderson will attend the meeting. Mayor Martin stated that the St. Armands Stormwater Project has suffered numerous setbacks. 21. COMMISSION BOARD AND COMMITTEE REPORTS (AGENDA ITEM IX) CD. 8:24 through 8:26 COMMISSIONER PALMER: A. stated that the Manasota League of Cities is meeting at 9:30 p.m. Thursday, July 8, 2004, in the Commission Chambers. VICE MAYOR SERVIAN: A. stated that the Board of the Sarasota Housing Authority held a meeting and adopted a budget which included severe cutbacks in the maintenance staff, pest control, etc.; that some people in the community have come forward through a third party and are interested in donating services to perform pest control for a year to assist in the situation; that a representative from United States Department of Housing and Urban Development (HUD) will tour the property July 9 and 10, 2004, and provide a de-briefing regarding the failure to receive the HOPE (Housing Opportunities for People Everywhere) VI Grant; that the Commission will receive a report. Mayor Martin stated that the Commission is provided confidence with Vice Mayor Servian on the front line of a difficult, challenging project. MAYOR MARTIN: A. stated that he will be attending the Council of Governments meeting on July 8, 2004. BOOK 56 Page 28316 07/06/04 2:30 P.M. BOOK 56 Page 28317 07/06/04 2:30 P.M. 22. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA - DIRECTED THE ADMINISTRATION TO DISCUSS A CELEBRATION EVENT FOR THE FARMERS MARKET WITH THE DOWNTOWN PARTNERSHIP OF SARASOTA (AGENDA ITEM X) CD 8:26 through 8:40 COMMISSIONER BILYEU: A. stated that he will attend the first meeting at the Payne Park Auditorium July 8, 2004, for a Neighborhood Association; that Staff's efficient completion of making the Payne Park Auditorium is appreciated. B. stated that the Farmers Market celebrated its 25th year of service in the community in the spring of 2004; that an appreciation celebratory event is suggested as the previous negative controversy has subsided; that the Commission could direct the Administration to discuss a celebration with the Downtown Partnership of Sarasota. Mayor Martin stated that he previously had discussions with vendors and John Tylee, President of the Downtown Partnership of Sarasota; that the decision was to wait until the fall of 2004 for an event due to the controversy at the time; that the Commission should demonstrate appreciation for the Farmers Market. Commissioner Bilyeu stated that the Commission should direct the Administration to discuss an event with The Downtown Partnership of Sarasota. Mayor Martin stated that the Commission's consensus is to direct the Administration to discuss a celebration event for the Farmers Market with the Downtown Partnership. VICE MAYOR SERVIAN: A. thanked Mayor Martin and Commissioner Palmer for arranging the June 28, 2004, Commission retreat which was productive; that the Commission has clear goals on which to move forward. B. stated that a joint meeting with the Van Wezel Performing Arts Hall (VWPAH) Board was discussed; and asked the status? City Auditor and Clerk Robinson stated that a meeting will be scheduled as soon as possible. Mayor Martin stated that the idea is to discuss the future of the VWPAH and/or another performing arts hall. City Auditor and Clerk Robinson stated that the VWPAH Board does not meet during the summer months; therefore, a meeting cannot be scheduled until September or October 2004. Vice Mayor Servian stated that John Wilkes, Executive Director of the VWPAH, mentioned the possibility of partnering with the Van Wezel Foundation Board which may assist in funding a study to determine the future requirements of the VWPAH; that the City should take advantage of the offer. Commissioner Palmer stated that a joint meeting should be with the Van Wezel Foundation Board, the VWPAH Board, and the Commission. C. thanked WWSB-TV Channel 40 and the City for sponsoring the Fourth of July fireworks; and stated that the display was superb. COMMISSIONER PALMER: A. stated that a joint meeting with the Commission of the Town of Longboat Key was previously discussed and should be scheduled. B. stated that the Charter Officials Evaluations should be scheduled for an appropriate time subsequent to September. 30, 2004. C. stated that a six month follow-up of the recent Commission retreat should be scheduled to ensure following up on the Commissioners' and Charter Officials' commitments to each other. D. stated that a joint City and County Commission meeting should be scheduled. E. stated that the Fourth of July fireworks display was wonderful; that Staff was cleaning up the streets five minutes subsequent to the completion of the Fourth of July parade. Vice Mayor Servian congratulated Staff for the good cleanup work. BOOK 56 Page 28318 07/06/04 2:30 P.M. BOOK 56 Page 28319 07/06/04 2:30 P.M. Mayor Martin stated that the cleanup work is appreciated. MAYOR MARTIN: A. stated that Vice Mayor Servian's remarks regarding the retreat are appreciated; that the recent retreat was successful; that the agreement was retreats will be conducted twice annually. B. stated that the Commission conducts informal meetings on a monthly basis which are important to assure continued discussion of issues. C. stated that he was contacted by Linda Rosenbluth, President, and Laura Flesch, City Director for Vladimir, Russia, Sarasota Sister Cities Association; that an invitation has been extended to the Mayor to visit Vladimir in September 2004; that due to the nature of procuring visas and prices of tickets, September 2004 is not far away; that Vladimir has not been visited by a City Commissioner since 1993; that sufficient funds exist in the Sarasota Sister Cities fund for another Commissioner to take the trip; that Dunfermline, Scotland, and Hamilton, Ontario, Canada, will be visited in 2005; that discussion has occurred regarding the participation of Cameroon, Africa, in the Sister Cities Association. D. stated that City Manager McNees and Administration Staff rose early in the morning on the Fourth of July for a special reason; and asked City Manager McNees to share his reason for an early morning occasion. City Manager McNees stated that Staff of the Solid Waste Department only receives four holidays annually due to the level of service offered by the City; that Staff appreciates the overtime payi that since the Fourth of July holiday occurred on a Monday, Staff had to work on Monday; that he and other Administrative Staff provided coffee and donuts for Staff of the Solid Waste Department to indicate appreciation for working on a holiday. Mayor Martin stated that the gesture is appreciated. 23. ADJOURN (AGENDA ITEM XVIII) CD 8:40 There being no further business, Mayor Martin adjourned the Regular meeting of the City Commission of July 6, 2004, at 8:40 p.m. - drtr Reas RICHARD F. MARTIN, MAYOR ATTEST: I34E Roteneen BILLY EPROBINSON, CITY AUDITOR AND CLERK BOOK 56 Page 28320 07/06/04 2:30 P.M.