BOOK 50 Page 21843 09/17/01 6:00 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF SEPEMBER 17, 2001, AT 6:00 P.M. PRESENT: Mayor Carolyn J. Mason, Vice Mayor Mary J. Quillin, Commissioners Richard F. Martin and Lou Ann R. Palmer, City Manager David R. Sollenberger, City Auditor and Clerk Billy E. Robinson, and City Attorney Richard J. Taylor ABSENT: None PRESIDING: Mayor Mason The meeting was called to order in accordance with Article III, Section 9(a) of the City of Sarasota Charter at 6:03 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. PRESENTATION RE: PLAQUE OF APPRECIATION TO FORMER MAYOR AND COMMISSIONER ALBERT F. HOGLE Tape #1 (0040) through (0143) CD 6:03 through 6:07 Mayor Mason requested that former Mayor and Commissioner Albert Hogle and wife Leslie Hogle join her and the Commission before the commission table and stated that on behalf of the Commission, Staff, and the citizens of the City a plaque is presented with recognition and appreciation for service as Mayor in 2001 and Commissioner from 1998 to 2001. Vice Mayor Quillin presented a bag of chocolate chip cookies and a policeman cookie jar signed by Commissioners and City Staff in honor of his appointment to the position as Chief of Police for the City of Bradenton. Former Mayor and Commissioner Hogle stated that serving the City and working with the various memorable Commissions has been an honor; that appreciation is extended to the City for the opportunities afforded. 2. PRESENTATION RE: PLAQUE OF RECOGNITION TO DAVID R. SOLLENBERGER UPON HIS RETIREMENT Tape #1 (0143) through (0247) CD 6:07 through 6:10 Mayor Mason requested that City Manager Sollenberger join her and the Commission before the commission table and presented a plaque on behalf of the Commission, Staff, and the citizens of the City upon his retirement and in recognition of service to the City with excellence and pride. City Manager Sollenberger stated that the recognition is appreciated; that 30 years serving as City Manager in several cities is almost completed; that following the footsteps of former Sarasota City Managers Ross Windom and Ken Thompson, retirement will be taken in Sarasota as home and family are in Sarasota; that serving the people of the City as the City Manager has been a pleasure and an honor; that gratitude is extended to the Commissioners who have been supportive through the years and to the community for active involvement in the City; that gratitude is extended to City Staff for the efforts over the years; that a considerable number of the telephone calls and letters regarding Staff to the City Manager's office are complimentary and expressions of gratitude; that personal gratitude is also extended to his wife, Elise, for the support shown. 3. STATUS REPORT RE: TROPICAL STORM GABRIELLE - REPORT GIVEN Tape #1 (0282) through (1830) CD 6:10 through 6:53 City Manager Sollenberger stated that City employees perform excellent work; that the vehicle escort provided to President George W. Bush is a tribute to the excellence with which City employees serve; that the Police Chief coordinated the prevention and safety efforts for Tropical Storm (TS) Gabrielle very well; that TS Gabrielle moved quickly; that City employees reacted and performed well; that a meeting was held immediately after TS Gabrielle to assign tasks to City employees; that Staff met during the morning of September 17, 2001, to review the action taken thus far; that service improvement concerning electricity, etc., is required in many City areas; that City Hall lost electricity and did not have a generator available to restore electricity; that a portable generator was obtained from the Sarasota Police Department (SPD) for City Hall to assure the continuation of computer services; that a generator should be procured prior to the next major weather event; that a critique of City areas requiring service improvement will be made on September 21, 2001. Gordon Jolly, Chief, Sarasota Police Department (SPD), William Hallisey, Director, Public Works Department, Dennis Daughters, BOOK 50 Page 21844 09/17/01 6:00 P.M. BOOK 50 Page 21845 09/17/01 6:00 P.M. Director, Engineering Department, Nancy Carolan, Director of the Department of General Services, Tomara Kafka, Communication Specialist, Department of Neighborhoods, and Sandra Newell, Stormwater Division Manager, Sarasota County, came before the Commission. Chief Jolly recognized the employees of the SPD and the Public Works Department for the excellent work performed prior to and after TS Gabrielle, and stated that the opportunity to provide a preliminary report is appreciated; that TS Gabrielle moved quickly and landed between the cities of Sarasota and Venice, Florida; that the City sustained worse weather than anticipated; that TS Gabrielle was strange and unpredictable; that the Emergency Operation Center (EOC) was immediately staffed with City and County employees upon notification of opening; that traffic control points were established throughout the City; that access to Lido and St. Armands Keys was completely shut during periods of TS Gabrielle due to high winds, high tides, and the amount of debris in the streets; that traffic control points around. St. Armands Circle were maintained due to the flooding; that traffic was re-routed; that winds exceeded 45 miles per hour (mph) on several occasions * during TS Gabrielle; that all City employees were instructed to seek shelter for safety if winds exceeded 45 mph; that 45 intersections with traffic signals were non-functioning due to TS Gabrielle; that traffic control was provided at major intersections while the City and Florida Power and Light (FPL) attempted to restore power to the non-functioning traffic signals; that government offices and schools were closed September 14, 2001. Mr. Hallisey stated that preparations for TS Gabrielle began September 13, 2001, and included the filling of fuel tanks, positioning of barricades, placing of pumps and emergency generators in appropriate places, and preparing personnel for the cleanup effort; that the damage created by TS Gabrielle is manageable; that utility systems and the wastewater treatment plant functioned properly and did not sustain damage; that the level of water treatment was reduced as is protocol during a major storm event; that the diminished level of water treatment meets all Federal drinking water standards rather than both Federal and aesthetic drinking water standards; that many trees fell during TS Gabrielle damaging infrastructure and underground utilities; that six water mains broke during TS Gabrielle and were immediately repaired; that 25 service lines broke due to TS Gabrielle which were repaired from September 15 to 16, 2001; that the Verna Wellfield (Verna) sustained some power damage during TS Gabrielle; that power systems at Verna are currently being installed underground which will resist failure in future weather events. Mr. Hallisey continued that a major concern is the power outages prompted by TS Gabrielle; that reinstating power in the City has been difficult and challenging; that power for residential use requires less energy than commercial uses; therefore, running emergency generators was necessary even after residential areas had power restored; that all intersections with non-functioning traffic signals have been repaired; that lightheads are being repaired; that two weeks will be required to return the City back to the original state of continuous power; that many overhead traffic lights were significantly damaged during TS Gabrielle and will be replaced; that many roads were blocked due to the significant amount of debris and have since been cleared; that debris removal is on-going; that solid waste collection services were suspended September 14, 2001, and reinstated September 15, 2001; that supplemental crews began collecting yard waste and debris September 15, 2001; that several neighborhoods were Elooded during TS Gabrielle; that yard debris was immediately collected; that neighborhoods will be monitored for further assistance. Mr. Hallisey stated further that City landscaping was significantly damaged during TS Gabrielle; that many valuable trees were lost and a damage assessment is being prepared; that the Tony Saprito Fishing Pier will be closed through the previously scheduled repairs which will begin October 2001; that debris removal is costly; that a special appropriation will be requested during the October 1, 2001, Regular Commission meeting; that the clean-up costs are currently estimated at $300,000 for debris disposal and an additional $150,000 to $200,000 for supplemental staffing; that the Public Works Department is committed to cleaning the City as quickly as possible; that the employees of the City and FPL are thanked for the excellent effort to return the City to working order exhibited in the aftermath of TS Gabrielle. Mr. Daughters stated that the fishing piers in Ken Thompson Park will require repair; that the Indian Beach Restoration Project was under construction prior to TS Gabrielle and sustained significant losses; that the Lido Key Restoration Project sustained only minor damage; that SPD has submitted a preliminary damage assessment of $1.1 million for the City; that the preliminary damage assessment includes the estimated debris removal cost indicated by Public Works. BOOK 50 Page 21846 09/17/01 6:00 P.M. BOOK 50 Page 21847 09/17/01 6:00 P.M. Ms. Carolan stated that City Hall sustained minor damage; that trees have fallen and landscaping has been torn upi that a minor leak was discovered over the lobby speaker which broadcasts meetings held in the Chambers; that the brick pavers outside the employee lounge sustained minor damage from falling trees; that the Department of Human Resources discovered a minor leak; that a portable generator was secured for the Information Systems and Technology (IST) Department to provide power to the computer servers and reinstate electronic mail for communication; that City Hall does not have a generator to provide power for air conditioning, heating, lights, or personal computer systems in the event of power loss; that a small generator is located in the basement of City. Hall ensuring the sub pumps will run and preventing leakage in the basement; that the Sarasota Mobile Home Park (SMHP) sustained damage to three carports and two light poles; that four trees were lost in the SMHP; that the Municipal Auditorium sustained multiple roof leaks in the main auditorium area, conference room, electrical room, and the main lobby; that the hardwood floors sustained water damage from the leaks; that the valance on the stage of the main auditorium and the recently installed curtains were damaged from the water leaks; that multiple levels of ceiling tile were also damaged from the water leaks. Ms. Carolan continued that the Federal Building sustained minor flooding in the boiler room; that the Ed Smith Sports Complex Major League Clubhouse office window was destroyed during TS Gabrielle; that 41 trees located on the Ed Smith Sports Complex were damaged or destroyed; that 12 trees were damaged or destroyed along the right-of-way on 12th Street; that a 20-foot section of the 8-foot fence in the picnic area of the Ed Smith Sports Complex was destroyed; that damage was sustained in Fields 2, 3, and 4 and the dugout roofs and bench sections; that four light fixtures and the batting-cage cable support were destroyed; that the signage behind first base and the Field 4 backstop were damaged. Ms. Carolan stated further that the Bobby Jones Golf Complex (BJGC) sustained damage to 40 trees, ten sections of fence, the driving range netting, and the pump house roof; that leaks developed in the clubhouse; that play was suspended through September 16, 2001; that the public safety building sustained minor roof leaks and damage to carport roofs; that the generator failed for an hour on September 16, 2001; that the SPD records system lost power the morning of September 17, 2001; that the Van Wezel Performing Arts Hall (VWPAH) reported flooding in the lower level causing short circuits in the fire alarm system; that the east lobby entrance canopy sustained damage and an exhaust fan was blown off. of the roof; that six trees were damaged and debris from Sarasota Bay littered the parking lot; that the VWPAH immediately contacted Dooley and Mack, the contractor responsible for the renovation project, to assess damage. Vice Mayor Quillin stated that the Municipal Auditorium roof is new. Ms. Carolan stated that the Municipal Auditorium roof is several years old; however, the warranty is still valid; that the roof will be repaired under the warranty. Vice Mayor Quillin stated that the warranty on the Municipal Auditorium roof will cover the expense of most of the required repairs; that the VWPAH has a similar policy with the contractor. Ms. Carolan concurred. Ms. Kafka stated that the EOC in the County Administration Building was open as of September 13, 2001, in preparation for TS Gabrielle; that TS Gabrielle landed very early the morning of September 14, 2001; that government offices and schools were closed; that press releases issued indicating the closing of government offices by 7 a.m., September 14, 2001; that local television station WWSB Channel 40 lost power during TS Gabrielle; that Accesssarasota, Channel 19 AccessSarasota), broadcast live at 11 a.m., September 14, 2001, providing the weather report received at EOC for public information; that AccessSarasota continued to run a live broadcast with weather and TS Gabrielle updates from 1 p.m. to 5 p.m.i that the EOC closed at 5 p.m. for the evening and opened again September 15, 2001, due to flooding concerns; that press releases were regularly released to and telephone calls were received from the media; that a mass paging system was previously engaged for emergency situations; that the mass paging system has been in development stages for SPD and the County Fire Department; that the media purchases electronic equipment and has a service agreement with Verizon Wireless Services LLC (Verizon) for the mass paging system; that a limited number of words can be sent through a computer to an alpha pager for the immediate receipt of emergency information by emergency personnel. Ms. Kafka continued that residents without cable services were unable to receive information; that the situation is being BOOK 50 Page 21848 09/17/01 6:00 P.M. BOOK 50 Page 21849 09/17/01 6:00 P.M. addressed for future major weather events; that she and the Public Information Officer (PIO) from the SPD are developing a contact with local radio stations to disseminate information to the public in a timely manner; that up-to-date information is vital to the public during major weather events; that press information is continuously released as yard waste and debris collection and tropical storm cleanup occurs. Vice Mayor Quillin stated that the Accesssarasota live broadcast was excellent; that unfortunately, many residents did not see the broadcast; that many residents experienced flooding after TS Gabrielle, had no access to information, and lost telephone and electrical services; that cellular phones were a blessing as a means of communication for many residents after TS Gabrielle; that City and County Staff provided excellent services to the community in the aftermath of TS Gabrielle; that lack of communication is a concern; that alternate methods of communication during emergencies should be developed. Ms. Kafka stated that the AccessSarasota live broadcast was a test; that the test went well; that the decision was made for AccessSarasota to provide a live broadcast during all emergency situations if possible. Vice Mayor Quillin stated that the public expects live broadcasts from AccessSarasota in emergency events; that AccessSarasota has previously provided live broadcasts during rainstorms. Mayor Mason stated that Clear Channel Communications, Inc., operates five local radio stations which may be contacted for possible local contacts during emergency situations. Ms. Newell stated that the County Public Works Staff fortified known flood problem areas prior to TS Gabrielle; that Staff immediately acted to Clean up and assess damage after TS Gabrielle passed; that telephone calls are still being received concerning individual flood problems; that the County Property Appraiser is assessing residential flood damage; that sufficient time is required to resolve all situations; that current flood damage in the County is similar to flood damage incurred during El Nino; that the Automated Rainfall Monitoring System (ARMS) was fully operational; that the Phillippi Creek neighborhood received eight inches of rain in ten hours which is very significant rainfall; that the other neighborhoods received 6 to 6.5 inches to 8 inches of rainfall in the same ten-hour period; that the rainfall was heavy and very significant; that the rainfall information is valuable; that crews assessing lood damage have marked areas of high water to collect high-water data at a later date; that the complaints of the public will be addressed and cleanup projects will be geared towards the complaints received; that homes experiencing flooding are receiving one-on-one contact. Vice Mayor Quillin stated that residents of the Phillippi Creek neighborhood were not warned of flood conditions; that homes which flooded for the first time have been visited; that the flooding happened within one hour with no warning; that a liaison should be appointed for the Phillippi Creek neighborhood to contact residents at times rainfall is high and flooding is a possibility; that the flooding was very similar to flash-flooding; that TS Gabrielle was an unusual storm; that rain gauges around the County in some instances registered over 10 inches of rain. Ms. Newell stated that the ARMS will be automated and linked to the internet during the next year. Vice Mayor Quillin stated that the berm in the Phillippi Creek is planned for construction soon; that a joint meeting should be scheduled with the Phillippi Creek neighborhood to discuss the recent flooding and the construction of the berm. Ms. Newell stated that a public meeting is scheduled in Phillippi Creek neighborhood concerning the construction of the berm which is anticipated to begin October 2001 and should be substantially completed by September 2002. Vice Mayor Quillin stated that information concerning the upcoming Phillippi Creek neighborhood meeting is desired as personal attendance is anticipated. Commissioner Martin stated that City and County Staff are complimented for the manner in which the aftermath. of TS Gabrielle was handled; that non-functioning traffic lights are a concern; that many responsible citizens assisted with the cleanup effort. Mayor Mason stated that City Staff is thanked for the excellent manner in which the aftermath of TS Gabrielle was handled; that the Public Works Department worked diligently and with excellence; that the County and FPL provided excellent services to the City; that the County was blessed and fared very well; that TS Gabrielle could have been significantly damaging. BOOK 50 Page 21850 09/17/01 6:00 P.M. BOOK 50 Page 21851 09/17/01 6:00 P.M. Commissioner Palmer stated that she stayed at her daughter's house in Venice during TS Gabrielle; that many trees fell and electricity was lost; that the lack of a back-up generator in City Hall is a concern; that the downed power lines at Verna Wellfield are a concern; that withstanding a major weather event is a learning experience every time; that the problems and concerns of TS Gabrielle will be addressed and better handled during the next major weather event; that City Staff is thanked for the excellent manner in which the aftermath of TS Gabrielle was handled. City Manager Sollenberger stated that quality lies in continuous improvement; that City Staff is excellent; that Ms. Newell is thanked for providing a report to the Commission for the County; and distributed a summary report of the initial damage assessment. City Manager Sollenberger stated that for the information of the Commission and the public, the VWPAH opened the 2001-2002 season with TapDogs which did very well financially at the box office. Vice Mayor Quillin stated that the $7 million fiscal year (FY) 2001/02 budget carryover includes an excessive allocation for a back-up generator; that information was previously obtained in North Carolina. concerning purchasing surplus generators from the Federal Government; that a spare generator was borrowed from SPD; that an inventory should be completed to assess the number of generators in the City. 4. CHANGE TO THE ORDERS OF THE DAY - APPROVED Tape #1 (1840) through (1870) CD 6:53 through 6:54 City Auditor and Clerk Robinson presented the following Change to the Orders of the Day: A. Add under Consent Agenda No. 1, Item No. III A-10, Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Agreements for Neighborhood Grants awarded per the August 6, 2001, City Commission meeting, per the request of Acting Neighborhood Development Director Barbone On motion of Commissioner Palmer and second of Commissioner Martin, it was moved to approve the Change to the Orders of the Day. Motion carried unanimously (4 to 0): Martin, yesi Palmer, yes; Quillin, yes; Mason, yes. 5. APPROVAL RE: MINUTES OF THE REGULAR SARASOTA CITY COMMIS SSION MEETING OF SEPTEMBER 4, 2001 APPROVED (AGENDA ITEM I) Tape #1 (1870) through (1885) CD 6:54 through 6:55 Mayor Mason asked if the Commission had any changes to the minutes? Mayor Mason stated that hearing no changes, the minutes of the September 4, 2.001, Regular Commission meeting are approved by unanimous consent. 6. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 3, 4, 5, 6, 7, 8, AND 9 APPROVED; ITEM NO. 10 - AGREED TO PLACE ON THE AGENDA FOR THE OCTOBER. 1, 2001, REGULAR COMMISSION MEETING (AGENDA ITEM III-A) Tape #1 (1885) through (2810) CD 6:55 through 7:14 Commissioner Quillin requested that Items No. 1 and 10 be removed for discussion. 2. Approval Re: Revised Policy for the installation of Multi-way Stop Signs 3. Approval Re: Expenditures for memorabilia for the Sister Cities trip to Scotland in August 2001 in the amount of $988.86 4. Approval Re: Ratification of Memorandum of Understanding between the City of Sarasota and the Citrus, Cannery, Food Processing & Allied Workers, Drivers, Warehousemen & Helpers Affiliated with International Brotherhood of Teamsters, Local Union No. 173 dated September 10, 2001, to amend and modify the existing Contract Agreement between the City of Sarasota and Teamster Local No. 173; the City of Sarasota and Teamster Local No. 173 agree that the base rate of pay for represented employees shall be increased by 3.5 percent effective October 3, 2001 5. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Project Grant Agreement between the City of Sarasota and the Florida Department of Environmental Protection for the Florida Recreation Development Assistance Program in the amount of $200,000 BOOK 50 Page 21852 09/17/01 6:00 P.M. BOOK 50 Page 21853 09/17/01 6:00 P.M. 6. Approval Re: Settlement of pending litigation involving Agnes Torres (Case No. 2000-4501-CA), Rita Goins (Case No. 99-13700), and Dorothy Kutz (Case No. 1999-CA-013699) and authorize payment subject to execution of releases and dismissals by Plaintiffs 7. Report Re: Monthly report on the activities at the Urbaculture site 8. Report Re: Monthly activities report from the Downtown Association 9. Report Re: Monthly activities report from the Greater Downtown Action Team On motion of Commissioner Martin and second of Commissioner Palmer, it was moved to approve Consent Agenda No. 1, Items No. 2, 3, 4, 5, 6, 7, 8, and 9. Motion carried unanimously (4 to 0) : Martin, yes; Palmer, yes; Quillin, yes; Mason, yes. 1. Approval Re: Refer to the Administration the request for funding made by Martin Rappaport, Executive Director of the St. Armands Commercial Landowners Association, at the September 4, 2001, Regular Commission meeting, to install additional median neck- outs on St. Armands Circle Vice Mayor Quillin stated that Consent Agenda No. 1, Item No. 1, regarding funding for St. Armands Circle median neck-outs should be addressed during Agenda Item IV-A-1(a) and (b), the public hearing regarding the budget; that the median neck-outs represent a budget concern and would be appropriately addressed during consideration of the fiscal year (FY) 2001/02 budget. Commissioner Palmer stated that the St. Armands Circle median neck-outs were addressed at the first public hearing for the budget at the September 4, 2001, Regular Commission meetingi that the St. Armands Circle median neck-outs were not at that time but should be referred to the Administration to examine if funding is available; that funding in the FY 2001/02 budget for St. Armands Circle median néck-outs is not being requested; that the Sarasota/Manatee Metropolitan Planning Organization (MPO) has funding for two of the three requested neck-out medians in the MPO Enhancement Program; that safety at St. Armands Circle is of concern; that the recent installation of one median neck-out at St. Armands Circle has considerably improved safety; that the Executive Director of the St. Armands Commercial Landowners Association requested the Commission direct the Administration to examine if funding is available; that no commitment for action is being requested; that the request for funding should be referred to the Administration for review. Commissioner Martin stated that the Administration should examine the request for funding and provide a realistic projection of a date funding could be obtained. Mayor Mason asked if direction concerning funding for the St. Armands median neck-outs was provided previously? City Manager Sollenberger stated that the Commission provided no direction to the Administration concerning funding for the St. Armands Circle median neck-outs at the time the request was presented at the September 4, 2001, Regular Commission meeting. Vice Mayor Quillin stated that MPO funding is not available in the foreseeable future; that Federal and State funding available to the MPO for required community projects is limited; that the Executive Director of the St. Armands Commercial Landowner Association was requested to conduct research concerning possible funding sources; that historically, items sent to Administration are placed on a fast track ahead of other items which is the reason for suggesting discussion concerning the St. Armands Circle median neck-outs during consideration of the FY 2001/02 budget; that a balanced budget is being approved; that the stormwater concerns at 15th Street, the Phillippi Creek Basin, and 8th Street should be addressed if extra funds are available; that the St. Armands Circle median neck-outs should be addréssed during the public hearing concerning the budget and not during Consent Agenda No. 1. Mayor Mason asked the wishes of the Commission? Commissioner Palmer stated that issue of flooding on 15th Street was previously referred to the Administration for review. Vice Mayor Quillin stated that the concern regarding flooding on 15th Street was referred to the Administration many times but has not been resolved. Commissioner Palmer stated that safety at St. Armands Circle is of concerni that the Administration is being asked to look for funding only; that the St. Armands Commercial Landowners BOOK 50 Page 21854 09/17/01 6:00 P.M. BOOK 50 Page 21855 09/17/01 6:00 P.M. Association has provided some funding for improvements; that a commitment for action is not being requested. Vice Mayor Quillin asked the reason the St. Armands Circle median neck-outs cannot be discussed during consideration of the budget? Commissioner Palmer stated that the request was to place the item on the Consent Agenda; that not referring the request for funding to the Administration at the September 4, 2001, Regular Commission meeting was an oversight. Commissioner Martin stated that safety and emergency issues prompt the referral of the St. Armands Circle median neck-outs to the Administration; that direction is not being given to the Administration to place the St. Armands Circle median neck-outs ahead of other projects but rather to examine the feasibility of obtaining funding. Mayor Mason stated that the Administration should be requested to examine if funding can be obtained for the project without placing the St. Armands Circle median neck-outs before other projects. George Peter Ryan, 241 Garfield Drive, (34246), President, Lido Key Residents Association, came before the Commission, referred to a letter dated September 13, 2001, previously distributed to the Commission, and stated that the proposed St. Armands Circle median neck-outs are an etfective safety measure; that traffic flow has improved since the installation of the first median neck-out at St. Armands Circle; that the September 13, 2001, letter was to inform the Commission of the benefits of the St. Armands Circle median neck-outs and not to request funding; that the St. Armands Circle median neck-outs are a worthwhile project but not at the expense of other necessary projects. On motion of Commissioner Martin and second of Commissioner Palmer, it was moved to approve Consent Agenda No. 1, Item No. 1. Commissioner Palmer stated that the St. Armands Circle median neck-outs project should not be advanced ahead of other projects but rather the Administration should determine if funding is available; that funding for other projects should be considered; that severe and significant safety issues are associated with St. Armands Circle; that safety at St. Armands Circle deserves attention. Vice Mayor Quillin stated that severe and significant safety issues are prevalent throughout the community; that a telephone call concerning pedestrian safety was received from a resident on Siesta Drive in the Southgate Plaza area; that, the traffic problems on Siesta Drive have been discussed since the early 1990s; that residents crossing the street to a bus stop are in danger; that consideration of the St. Armands Circle median neck- outs is inappropriate for the Consent Agenda; that the St. Armands Circle median neçk-outs are important; however, other projects are just as important; that the planned stormwater project on St. Armands Circle is more important than the median neck-outs; that all projects cannot be constructed at the same time; that street restriping at St. Armands Circle may be a solution until funding for the median neck-outs can be obtained; that $300,000 in funding for the planned stormwater project at St. Armands Circle has not yet been obtained; that Staff should not waste time rèviewing the St. Armands Circle median neck-outs ahead of other projects; that the stormwater project is of greater, concern; that priorities must be established. Mayor Mason called for a vote on the motion. Motion carried (3 to 1): Martin, yes; Palmer, yes; Quillin, no; Mason, yes. City Manager Sollenberger stated that a report will be provided by the Engineering Department regarding the flooding problems at. 15th Street at the October 1, 2001, Regular Commission meeting. 10. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Agreements for Neighborhood Grants awarded per the August 6, 2001, City Commission meeting Vice Mayor Quillin stated that the information regarding Consent Agenda No. 1, Item No. 10, concerning the Agreements for Neighborhood Association Grants (Grant Agreements) was not received until immediately prior to the meeting; that the Grant Agreements do not provide for an accountability of grant fund spending; that Exhibits A and B referenced in the Grant Agreements are not included in the Agenda backup material, which is incomplete; that consideration of the Grant Agreements should be delayed to the October 1, 2001, Regular Commission meeting. Commissioner Martin stated that the language of the Grant Agreements and lack of exhibits are concerns and requested clarification. BOOK 50 Page 21856 09/17/01 6:00 P.M. BOOK 50 Page 21857 09/17/01 6:00 P.M. City Manager Sollenberger stated that the Acting Director of the Neighborhood Department, who submitted the request to approve the Grant Agreements, has resigned and will therefore not be available for possible questions at the October 1, 2001, Regular Commission meeting; that the Commission may wish to pose any questions concerning the Grant Agreements at this time. Mayor Mason stated that the opportunity to read the information was not previously available due to the late receipt; therefore, appropriate questions are not known. Vice Mayor Quillin stated that legal documents lacking attachments or other backup material will not be personally approved. Commissioner Martin asked if the City Attorney has reviewed the Grant Agreements? City Attorney Taylor stated no. Commissioner Palmer asked Staff's response to the Commission's questions. Patrizia Barbone, Acting Director of the Neighborhood Department, came before the Commission and stated that an effort was made to strengthen the Grant Agreements previously utilized for neighborhood grants; that the previous Grant Agreements were modified and sent to the City Attorney's Office for review; that the signatures of the City Auditor and Clerk and Mayor were added for formality; that the exhibits were not included at the time of submission as the necessity for Commission approval was not known; that the goal is to issue checks for the neighborhood grants as soon as possible; that the Neighborhood Coordinator for the Department of Neighborhoods can resubmit the request for the October 1, 2001, Regular Commission meeting if desired. City Attorney Taylor stated that no agreement should be brought before the Commission without all necessary exhibits; that the final product was not viewed. Mayor Mason stated that Consent Agenda No. 1, Item No. 10, concerning the Grant Agreements should be brought back at the October 1, 2001, Regular Commission Meeting. On motion of Commissioner Palmer and second of Commissioner Martin, it was moved to bring back Consent Agenda No. 1, Item No. 10, concerning the Grant Agreements at the October 1, 2001, Regular Commission meeting. Motion carried unanimously (4 to 0) : Martin, yes; Palmer, yes; Quillin, yes; Mason, yes. 7. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 01R-1419) - ADOPTED; ITEM 2 (ORDINANCE NO. 01-4334) - ADOPTED; ITEM (ORDINANCE NO. 01-4336) - ADOPTED; ITEM 4 (ORDINANCE NO. 01-4355) - CONTINUED SECOND READING TO THE DECEMBER 17, 2001, REGULAR COMMISSION MEETING (AGENDA ITEM III-B) Tape #1 (2810). through #2 (0698) CD 7:14 through 7:51 Commissioner Martin requested that Item No. 4 be removed for discussion. 1. Adoption Re: : Proposed Resolution No. 01R-1419, appropriating $51,000 from the special Law Enforcement Trust Fund (forfeitures) to provide funds to cover the cost of rental vehicles for the vice/narcotics unit of the Sarasota Police Department, etc. 2. Adoption Re: Proposed Ordinance No. 01-4334 to vacate that certain 15-foot-wide alley commencing at ninth street and extending northward for approximately 141 feet lying between lot 5 and lots 10, 11 and 12, John May's Subdivision of lots 3 and 5, block Y, plat of Sarasota and that certain portion of a reciprocal easement described in deed book 381 at page 415 commencing at the southeast corner of the intersection of Central Avenue and Tenth Street extending generally eastward adjacent to the southerly right-of-way line of tenth street for approximately 296 feet, all as is more particularly described herein; repealing ordinances in conflict (Title Only) (Application Nos. 01-SV-03 and 01- SV-04, Applicant Charles D. Bailey, Jr., law firm of Williams, Parker, Harrison, Dietz and Getzen, as agent for the Salvation Army, as owner) 3. Adoption Re: Proposed Ordinance No. 01-4336 to update and modify projects related to level of service standards in the Capital Improvements Plan of the Comprehensive Plan. of the City of Sarasota (a/k/a the Sarasota City Plan [1998]); stating findings of fact; adopting by reference an updated schedule of level of service projects by reference into the Capital Improvements Plan of the Sarasota City Plan (1998) ; repealing ordinances in conflict; providing for the severability of the parts hereof (Title Only) BOOK 50 Page 21858 09/17/01 6:00 P.M. BOOK 50 Page 21859 09/17/01 6:00 P.M. City Auditor and Clerk Robinson read proposed Resolution No. 01R-1419 in its entirety and proposed Ordinance Nos. 01-4334 and 01-4336 by title only. On motion of Commissioner Palmer and second of Commissioner Martin, it was moved to adopt proposed Resolution No. 01R-1419 and proposed Ordinance Nos. 01-4334 and 01-4336. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): : Martin, yes; Mason, yes; Palmer, yes; Quillin, yes. 4. Adoption Re: Proposed Ordinance No. 01-4355 amending the Zoning Code (1998 ed.) regarding regulations pertaining to the height of single-family dwellings and their accessory structures; amending regulations as to the repair or restoration of nonconforming structures, nonconforming accessory uses and nonconforming accessory structures; setting forth findings as to intent and purposei amending Article II, Definitions and Rules of Construction; Division 2, Definitions; Section II-201, Definitions; to revise the definition of "height" so as to provide the following two (2) new definitions: "height, single- family dwellings and their accessory structures" and "height, buildings other than single-family dwellings and their accessory structures"; specifically the height. for single-family dwelling units and their accessory structures would be calculated as the vertical distance above natural grade to a specified point, rather than from finished grade; the provision in the existing definition of "height" allowing measurement of height in flood prone areas to be measured from the required minimum floor elevation is deleted; Article V, Vested Rights and Nonconformities; Division 1, Nonconformities; Section V-103, Noncontorming Structures; Subparagraph e, is amended as to regulations for the repair or restoration of nonconforming structures which have been destroyed or damaged; Section V-105, Nonconforming Accessory Uses and Accessory Structures, Subparagraph d is amended regarding regulations for the repair or restoration of nonconforming accessory uses and nonconforming accessory structures which have been destroyed or damaged; amending Article I, General Provisions; Section I-105, Transitional Rules; Subparagraph a to add a new Subsection 1 to address the processing of complete applications for development approval pending on the effective date of this ordinance; repealing ordinances in conflict; providing for the severability of the parts hereof (Title Only) (Application No. 01- ZTA-03, Applicant City of Sarasota) Commissioner Martin stated that Consent Agenda No. 2, Item No. 4, regarding proposed Ordinance No. 01-4355 establishes regulations concerning the height of houses in the City; that public input is still being received; that personal concerns are a factor also; that conversation and correspondence have been received concerning both sides of the mega-house issue; that the possible unintended consequences of proposed Ordinance No. 01-4355 are of concern; that input has been received from Staff and professionals in the community; that answers received have allayed personal concerns regarding the negative consequences of proposed Ordinance No. 01-4355; that all public concerns may not have been addressed; that the feeling of surprise from the public regarding proposed Ordinance No. 01-4355 is astonishing as concerns regarding mega- houses have been discussed for three to four years; that the concern is to assure that the public has been adequately heard. On motion of Commissioner Martin and : second of Commissioner Palmer, it was, moved to continue second reading of proposed Ordinance No. 01-4355, address the issue at a workshop with the date established at the current meeting, and discuss appointing a task force of stakeholders at the workshop. Commissioner Palmer stated that the debate surrounding proposed Ordinance No. 01-4355 has been significant; that regulations concerning mega-houses have been discussed for years and have come before the Planning Board/Local Planning Agency (PBLP) several times in different permutations; that the community is divided concerning mega-house regulations; that a resolution must be determined; that proposed Ordinance No. 01-4355 is one of the better solutions provided; however, public opinion is still divided; that a personal concern is the timeliness of adopting proposed Ordinance No. 01-4355; that a solution must be achieved; that historically, the issue of mega-houses was dropped until the Neighborhood Associations raised the issue again; that proposed Ordinance No. 01-4355 is not perfect; that other issues should be addressed prior to adopting proposed Ordinance No. 01-4355; that for example, side-yard setbacks should be discussed; that Longboat Key has an ordinance concerning impervious surfaces; that tremendous frustration is BOOK 50 Page 21860 09/17/01 6:00- P.M. BOOK 50 Page 21861 09/17/01 6:00 P.M. being expressed by the community due to lack of action by the Commission; that the frustration is personally echoed; that the mutual frustration has been discussed with the public who have complained about proposed Ordinance No. 01-4355; that the public has offered complaints but no positive, creative methods to deal with mega-houses; that negativity is the only feedback heard; that the two concerns are: 1) the timeframe for bringing back proposed Ordinance No. 01-4355, and 2) the effect on Staff which is overworked with Phase II of the Zoning Code (1998), the City of Sarasota SmartCode, Draft, January 2001 (SmartCode), amendments to the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), etc; that the issues involving mega-houses should be resolved and not continued forever; that the community is owed swift resolution; that promises have been made regarding regulations concerning mega -houses; that allowing an indefinite continuation of consideration of proposed Ordinance No. 01-4355 is not appropriate. Vice Mayor Quillin stated that waiting is not a personal option; that numerous telephone calls regarding proposed Ordinance No. 01-4355 have been received; that most callers did not appreciate the answers given as many callers did not wish to assist in finding a compromise; that the community must come together; that a Siesta Key resident called to indicate property rights were taken awayi that the resident had mega-houses on both sides of the property which would not be available for sale as a site on which to build a mega-house if proposed Ordinance No. 01-4355 is adopted; that the resident was informed a good architect could design a home compatible with the neighborhood; that the resident indicated two homes on the street would be impacted by proposed Ordinance No. 01-4355; that the resident was informed a request could be made to the City for an overlay district, which would probably be granted; that the composition of the street would meet the requirements of the City's Comprehensive Plan; that the public will not be concerned if the City has a street with only mega-houses; that the concern is for old, established neighborhoods which never previously had but currently have stormwater problems due to the construction of mega-houses in the neighborhood; that an eight-foot setback on one side of a residential property is ridiculous; that no positive feedback was received from the public opposed to proposed Ordinance No. 01-4355; that the community must work together; that while growing up in the City, the community worked together; that while serving as Commissioner, community involvement will be required; that proposed Ordinance No. 01-4355 should be adopted at the current meeting. Vice Mayor Quillin continued that action is necessaryi that finding solutions to preserve neighborhoods is also necessaryi that 45-foot houses are not a concern; that exceptions can be granted to build mega-houses; that solutions can be found in the City codes to accomplish building the type of home sought; that proposed Ordinance No. 01-4355 should be adopted at the current meeting; that a committee should be assembled on September 18, 2001, comprised of people on both sides of the issue to assure the enhâncement of proposed Ordinance No. 01-4355 for the community; that the motion will not be supported. Mayor Mason stated that a timeframe of six months should be imposed to adopt proposed Ordinance No. 01-4355; that input has been received from the City Attorney and the Planning Director; that the taxpayers elected the Commission to set policy for the City; that the insulting telephone calls and correspondence received are appalling; that inappropriate behavior is not the method to accomplish common goals; that postponing adoption of proposed Ordinance No. 01-4355 for six months would give Staff time to further address mega-houses. Commissioner Palmer stated that Commission discussion regarding proposed Ordinance No. 01-4355 is helpful; however, the tragic events over the past week have demonstrated the community should work together to accomplish - goals beneficial to the entire community; that the tone of telephone calls and correspondence received is unsettling; that public officials are not currently being treated well; that respect for public officials has decreased in the community; that lack of respect for public officials is. a right of the public; however, the amount of anger expressed over proposed Ordinance No. 01-4355 is the most personally ever seen; that a six-month postponement to adopt proposed Ordinance No. 01-4355 is inappropriate; that the community opposing adoption of proposed Ordinance No. 01-4355 should establish a task force; that the contacting public has been informed of the necessity of resolution and working together as a community instead of expressing negativity; that stakeholders should attempt to resolve the issues involved in proposed Ordinance No. 01-4355 instead of having dichotomy and division; that the solution which may be developed may not be perfect but neither is proposed Ordinance No. 01-4355, which is an attempt to deal with the issue of house height in a beneficial manner but has some problems; that the question is if to adopt proposed Ordinance No. 01-4355 and then resolve BOOK 50 Page 21862 09/17/01 6:00 P.M. BOOK 50 Page 21863 09/17/01 6:00 P.M. concerns or if to resolve concerns and then adopt proposed Ordinance No. 01-4355; that the stakeholders are passionate and frustrated regarding the issues associated with proposed Ordinance No. 01-4355; that other members of the public are becoming aware proposed Ordinance No. 01-4355 is an issue requiring attention; that proposed Ordinance No. 01-4355 should be adopted in 90 days at the December 17, 2001, Regular Commission meeting, unless a comprehensive viable solution is submitted by the community; that the community is on notice to produce a solution within 90 days or proposed Ordinance No. 01-4355 will be adopted. Commissioner Martin stated that proposed Ordinance No. 01-4355 has captured community attention; that a request for a workshop was included in the motion as the issues involved with proposed Ordinance No. 01-4355 require resolution; that large houses in the wrong setting degrade the quality of public life in the community; that discussion concerning mega-houses is considerable at community forums; that individuals on the other side of the issue are realizing a solution is necessary; that proposed Ordinance No. 01-4355 will be supported the next time presented for adoption; that the focus should remain on proposed Ordinance No. 01-4355; that often an ordinance is passed knowing revision is necessary; that proposed Ordinance No. 01-4355 can be revised if adopted at the current meeting; that the best possible ordinance addressing all other concerns should be provided; that proposed Ordinance No. 01-4355 does not address the noise and view of air conditioning units which are significant concerns; that the issue of impervious surfaces is not addressed which is also a significant concern; that compatibility with surrounding structures is not addressed; that solutions to all concerns should be addressed; that the public's concerns should be revisited in a workshop format; that proposed Ordinance No. 01-4355 is the responsibility of the Commission and should not be the responsibility of a community task force; that the Commission should decide the composition of the task force. Mayor Mason restated the motion as to continue second reading of proposed Ordinance No. 01-4355, address the issue at a workshop with the date established at the current meeting, and discuss appointing a task force of stakeholders at the workshop. Commissioner Martin stated that the task force could be formed without Commission direction; that the motion will be withdrawn to provide an opportunity for a motion to establish a task force at this time. Commissioner Martin, as the maker of the motion, withdrew the motion. Mayor Mason asked for clarification. City Auditor and Clerk Robinson stated that the Commission's consensus is required to withdraw the motion as the Mayor has restated the motion and it is therefore before the Commission. Mayor Mason stated that hearing no objections, the motion is withdrawn by consensus. Vice Mayor Quillin stated that proposed Ordinance No. 01-4355 should be adopted at the current meeting; that a task force should be appointed by September 18, 2001; that the task force would have a tangible document to review if proposed Ordinance No. 01-4355 is adopted; that an initial report should be provided in 60 days; that changes or modifications to proposed Ordinance No. 01-4355 should be provided in 90 days; that personal concern regarding mega-houses spans many years; that all concerns cannot be addressed in one ordinance; that proposed Ordinance No. 01-4355 is a starting point for the regulation of house height in the City; that proposed Ordinance No. 01-4355 will not be the demise of the City or the cause of not building a mega-house in six months; that a workshop should be held with the task force after 60 days; that members of the audience who are on both sides of the issues surrounding proposed Ordinance No. 01-4355 would likely be willing to serve on the task force; that significant amounts of stormwater should not be draining onto private property due from a mega-house next door; that house height is a problem and should be solved as a community; that an overlay district in neighborhoods with mostly mega- houses can be requested; that buildings can be constructed to meet the compatibility of the neighborhood; that the City's Comprehensive Plan allows for an overlay district. On motion of Vice Mayor Quillin, it was moved to adopt proposed Ordinance No. 01-4355, establish a task force, and direct a report be provided back in 60 days with a final report in 90 days. Motion died for lack of a second. Mayor Mason asked the timeframe acceptable to Staff for developing a revised proposal? BOOK 50 Page 21864 09/17/01 6:00 P.M. BOOK 50 Page 21865 09/17/01 6:00 P.M. Commissioner Martin stated that proposed Ordinance No. 01-4355 should not be referred back to Staff for further review; that second reading of proposed Ordinance No. 01-4355 should be continued if a task force forms in the community and brings to the Commission changes which are acceptable to all parties. Mayor Mason stated that the task force must be overseen by Staff; that second reading of proposed Ordinance No. 01-4355 can be continued; however, Planning Staff input will be necessary. Vice Mayor Quillin stated that Planning Staff will be required to evaluate suggested changes if a task force is formed without adoption of proposed Ordinance No. 01-4355; that proposed Ordinance No. 01-4355 should be adopted, denied, or referred back to the PBLP, which are the only options available; that proposed Ordinance No. 01-4355 can be revoked or modified at a later date. Jane Robinson, Director of Planning, came before the Commission and statèd that Planning Staff will accomplish any project designated as a priority by the Commission; that the effect on other projects is unknown at this time; that changes suggested by a task force to proposed Ordinance No. 01-4355 will require review by the PBLP; that Planning Staff must manage the project and oversee the task force; that the task force may be of assistance in resolving the issues; that Planning Staff will try to accomplish the goals established by the Commission and will inform the Commission if a problem arises regarding other goals; that the Commission is aware of the projects currently in progress in the Planning Department. Commissioner Palmer stated that a broad overview concerning the issues surrounding proposed Ordinance No. 01-4355 as well as other issues was prepared by the Coalition of City Neighborhoods Associations (CCNA) ; that other members of the community have ideas and are willing to progress with suggestions for changes to proposed Ordinance No: 01-4355; that changes to proposed Ordinance No. 01-4355 must be reviewed by the PBLP; that any proposal should involve the entire community, including the neighborhoods; that input by the communities negatively affected by the issue of mega-houses must be provided to assure progress; that everyone in the community is a stakeholder; that the citizens who have come Eorward requesting additional time have the responsibility for developing alternative solutions; that a comprehensive overview proposal to deal with the issue of mega- = houses is required. On motion of Commissioner Palmer and second of Commissioner Martin, it was moved to continue second reading of proposed Ordinance No. 01-4355 to the December 17, 2001, Regular Commission meeting. Commissioner Palmer stated that the task force must be initiated by members of the community who believe proposed Ordinance No. 01-4355 should be modified; that a proposal would be reviewed by the PBLP and Staff; that the normal procedure will be followed; that the Commission should rot be the initiator of the task force; that Planning Staff is involved in many tasks and should not be responsible for the task force; that the impetus must be on the community to form a task force; that otherwise, proposed Ordinance No. 01-4355 will be supported and likely adopted at the December 17, 2001, Regular Commission meeting. Mayor Mason called for a vote on the motion. Motion carried (3 to 1): Martin, yes; Palmer, yes; Quillin, no; Mason, yesi. The Commission recessed at 7:51 p.m. and reconvened at 7:59 p.m. The Commission recessed at 7:50 p.m. and reconvened at 8:00 p.m. Mayor Mason requested that City Auditor and Clerk Robinson explain the public hearing sign-up process. City Auditor and Clerk Robinson stated that interested persons wishing to speak 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. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. 8. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED RESOLUTION NO. 01R-1394, CERTIFYING TO THE PROPERTY APPRAISER AND THE TAX COLLECTOR OF SARASOTA COUNTY THE RATES OF MILLAGE TO BE LEVIED BY THE CITY OF SARASOTA FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2001, ESTABLISHING THE GENERAL FUND OPERATING MILLAGE AT 2.4926 WHICH IS 8.09 PERCENT HIGHER THAN THE ROLLED-BACK MILLAGE RATE OF 2.3060, ESTABLISHING BOOK 50 Page 21866 09/17/01 6:00 P.M. BOOK 50 Page 21867 09/17/01 6:00 P.M. THE DEBT SERVICE MILLAGE AT 0.6787; ETC. (TITLE ONLY) ADOPTED (AGENDA ITEM IV-A-1(a)) AND NON QUASI-JUDICIAL SECOND PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 01-4328, ADOPTING A BUDGET FOR THE CITY OF SARASOTA FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2001, AND ENDING ON SEPTEMBER 30, 2002; ETC. (TITLE ONLY) - ADOPTED ON SECOND READING (AGENDA ITEM IV-A-1(b)) Tape #2 (0732) through (1159) CD 8:00 through 8:13 Gibson Mitchell, Director of Finance, came before the Commission and stated that proposed Resolution No. 01R-1394 certifying to the Property Appraiser and Tax Collector of the County the rates and millage to be levied by the City for the fiscal year beginning October 1, 2001, must be adopted prior to the final adoption of proposed Ordinance No. 01-4328 approving the budget; that the proposed millage rates are: Operating 2.4926 mills Debt Service 0.6787 mills 3.1713 mills Mr. Mitchell continued that the public hearing concerning proposed Ordinance No. 01-4328 is the second of two required public hearings for adoption of the City's budget for the fiscal year beginning October 1, 2001, and ending September 30, 2002; that at the September 4, 2001, Regular Commission meeting, the Commission passed proposed Ordinance No. 01-4328 on first reading; that after the public hearing, proposed Resolution No. 01R-1394 certifying to the Property Appraiser and the Tax Collector the millage rates should be adopted prior to final reading and adoption of proposed Ordinance No. 01-4328 concerning the budget; that the proposed budget does not require an increase in the current operating millage rate; that the Truth in Millage (TRIM) Bill requires the proposed operating millage rate for ad valorem taxes be measured in terms of the rolled-back rate, which is the millage rate necessary to yield the same ad valorem tax revenue as generated for the fiscal year (FY) 2000/01 budget; that the preliminary certification of taxable value is $4,211,056,131 or an 11.7 percent increase over the taxable value for FY 2000/01; therefore, the rolled-back rate is 2.306 mills; that the proposed operating millage of 2.4926 mills is an 8.09 percent increase over the rolled-back rate; that the proposed operating millage of 2.4926 mills will yield $9,238,383 in ad valorem tax revenues for the General Fund, which is an increase of $861,359 from FY 2000/01; that the debt service millage is proposed at 0.6787 mills, which is an 11.7 percent decrease from the current debt service millage of 0.7688 mills; that the total millage rate required to Einance the proposed FY 2001/02 budget is 3.1713 mills compared to 3.2614 mills for FY 2000/01, which is a decrease of 0.0901 mills or 2.76 percent; that the impact of the millage decrease to the average owner-occupied taxable home of $148,215 in the City, or $123,215 after the homestead exemption, is a reduction of $11.10. Vice Mayor Quillin stated that several telephone calls were received as a result of the advertised notice of proposed tax increase; that callers were told the City is not raising taxes; that the notice is required by the State; that the City is not increasing millage; however, increasing property values will result in an increase in taxes. Mr. Mitchell stated that is correct; that the City. is required to provide a clear explanation concerning the millage rate to the public; that the taxable values of property have increased; therefore, taxes will increase despite no change in the millage rate. Vice Mayor Quillin asked if last year's millage rate can be included in the required advertising concerning the budget? Christopher Lyons, Deputy Director of Finance, came before the Commission and stated that no explanation which conflicts with the requirements of the TRIM Bill can be included in the required notice concerning the budget; that the opportunity to include last year's millage rate is not specifically addressed in the regulations; that Staff would also like to publish last year's millage rate but has not done so due to the prohibition against conflicting explanations. Vice Mayor Quillin stated that the notice of proposed tax increase was confusing to many people; that many people were of the opinion the City was increasing taxes; that the personal explanation offered was property values increased. Mr. Lyons stated that the State's objective in the notice requirements may be to gain people's attention. BOOK 50 Page 21868 09/17/01 6:00 P.M. BOOK 50 Page 21869 09/17/01 6:00 P.M. Mayor Mason opened the public hearing. There was no one signed up to speak and Mayor Mason closed the public hearing. City Auditor and Clerk Robinson read proposed Resolution No. 01R-1394 by title only. City Manager Sollenberger stated that the Administration recommends adopting proposed Resolution No. 01R-1394. On motion of Vice Mayor Quillin and second of Commissioner Martin, it was moved to adopt proposed Resolution No. 01R-1394. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): : Mason, yes; Palmer, yes; Quillin, yes; Martin, yes. City Auditor and Clerk Robinson read proposed Ordinance No. 01-4328 by title only. City Manager Sollenberger stated that the Administration recommends adopting proposed Ordinance No. 01-4328 on second reading. On motion of Vice Mayor Quillin second of Commissioner Palmer, it was moved to adopt proposed Ordinance No. 01-4328 on second reading. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Palmer, yes; Quillin, yes; Martin, yes; Mason, yes. 9. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 01-4331, AMENDING THE SARASOTA CITY CODE, CHAPTER 21, OFFENSES, ARTICLE I, IN GENERAL, BY ADDING THERETO SECTION 2107, WATER RESTRICTIONS AND USAGE; AMENDING THE SARASOTA CITY CODE, CHAPTER 2, ADMINISTRATION, ARTICLE V, BOARDS, COMMISSIONS AND COMMITTEES, DIVISION V, CODE ENFORCEMENT SPECIAL MASTER, SECTION 2-309, JURISDICTION, BY PROVIDING THE CODE ENFORCEMENT SPECIAL MASTER JURISDICTION TO ENTERTAIN ACTIONS ASSERTING A VIOLATION OF SECTION 21-7; REPEALING ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR THE SEVERABILITY OF PARTS HEREOF; ETC. (TITLE ONLY) PASSED ON FIRST READING (AGENDA ITEM IV-A-2) Tape #2 (1160) through (1432) CD 8:13 through 8:20 William Hallisey, Director of Public Works, and Javier Vargas, Supervisor of Utility Operations, came before the Commission. Mr. Hallisey stated that proposed Ordinance No. 01-4331 establishes restrictions on residential and commercial lawn and landscape irrigation and provides penalties for violation of the restrictions; that proposed Ordinance No. 01-4331 will be in effect during periods of drought. Mr. Vargas stated that the Southwest Florida Water Management District (SWFWMD) has established certain water use restrictions through Executive Order; that by State Statute, cities and counties may assist in the governing of water management; that proposed Ordinance No. 01-4331 provides the necessary legal framework for the restrictions by adding Section 21-7, Sarasota City Code (1986 as amended) (City Code), "Water Restrictions and Usage,' " which establishes restrictions on irrigation, penalties, and variance procedures; that the proposed restrictions for irrigation of established lawns and landscape are the same as those of SWFWMD; that addresses with even numbers in the City may water on Tuesdays; that addresses with odd numbers in the City may water on Sundays; that irrigation must be performed prior to 10 a.m. or after 4 p.m. for residential and commercial properties; that penalties are the same as currently in effect for residents of the County and are: Fine First occurrence Warning Initial offense $100.00 Second offense $300.00 Third offense $500.00 Mr. Vargas continued that proposed Ordinance No. 01-4331 provides the Public Works Department with the tools required to enforce the water restrictions; that the Public Works Department has previously only been trained to educate customers regarding irrigation methods and water restrictions; that the Public Works Department will have the ability to penalize violators through proposed Ordinance No. 01-4331. Mr. Hallisey stated that jurisdiction will be through the Code Enforcement Special Master with enforcement by the Public Works Department, which will administer and monitor compliance with proposed Ordinance No. 01-4331. Commissioner Palmer stated that the Sarasota Board of County Commissioners (BCC) hired an expensive team to monitor and enforce BOOK 50 Page 21870 09/17/01 6:00 P.M. BOOK 50 Page 21871 09/17/01 6:00 P.M. County water restrictions; and asked the manner in which the Public Works Department will monitor and enforce proposed Ordinance No. 01-4331 without creating new positions or contracting for outside employees? Mr. Hallisey stated that Public Works Department Staff will be trained on the code enforcement aspect of the water restrictions; that the intention is to respond to complaints received from customers; that ensuring compliance after issuing a notice of violation of proposed Ordinance No. 01-4331 will be a priority; that many customers do not comply with water restrictions after receiving a notice of violation; that a more, complex method of enforcement of proposed Ordinance No. 01-4331 will be presented to the Commission at a later date if necessary. Vice, Mayor Quillin stated that enforcement of proposed Ordinance No. 01-4331 should be a joint effort with the Public Works Department, Sarasota Police Department (SPD), and Code Enforcement as Public Works and Code Enforcement Staffs are not available 24 hours a day, 7 days a week; that SPD can notify the Public Works Department of possible violations; that many complaints were received concerning water restriction violations during the recent drought; and asked if enforcement of proposed Ordinance No. 01-4331 will be a joint effort with the Public Works Department, SPD, and Code Enforcement? Mr. Hallisey stated. yes; that the difference in implementing programs in the City compared to the County is the City's jurisdiction is much smaller than the County's; that the City has a greater presence of public employees in its area than the County; that SPD will not issue citations for water restriction violations but rather will immediately notify the Public Works Department of water restriction violations; that the Public Works Department will dispatch Staff to issue citations on a 24-hour, 7-day basis. Mayor Mason opened the public hearing. There was no one signed up to speak and Mayor Mason closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 01-4331 by title only. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 01-4331 on first reading. On motion of Vice Mayor Quillin and second of Commissioner Palmer, it was moved to pass proposed Ordinance No. 01-4331 on first reading. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Quillin, yes; Martin, yes; Mason, yes; Palmer, yes. 10. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 01-4337, CALLING A REFERENDUM OF THE QUALIFIED ELECTORS OF THE CITY FOR THE PURPOSE OF DETERMINING WHETHER OR NOT THE CHARTER OF THE CITY OF SARASOTA SHALL BE AMENDED TO CHANGE THE FORM OF MUNICIPAL GOVERNMENT FROM A "COMMISSION- MANAGER" SYSTEM TO AN "ELECTED MAYOR- COMMISSION" SYSTEM IN WHICH A MAYOR WOULD BE ELECTED BY THE VOTERS IN ADDITION TO FIVE CITY COMMISSIONERS; AND IN WHICH THE ELECTED MAYOR WOULD BE THE CHIEF EXECUTIVE OFFICER OF THE CITY, EXERCISING ADMINISTRATIVE, SUPERVISORY AND BUDGETARY AUTHORITY PRESENTLY EXERCISED BY THE CITY MANAGER; AND IN WHICH THE MAYOR WOULD HAVE ADDITIONAL POWERS AND AUTHORITY AS MORE FULLY SET FORTH IN THE TEXT OF THE PROPOSED AMENDMENT; SCHEDULING SAID REFERENDUM FOR MARCH 12, 2002; SETTING FORTH THE TEXT OF THE PROPOSED CHARTER AMENDMENT AND STATING THE TITLE AND SUMMARY OF THE PROPOSED AMENDMENT AS IT WILL APPEAR ON THE BALLOT AT THE REFERENDUM; PROVIDING FOR AN EFFECTIVE DATE FOR THE CHARTER AMENDMENT, IF APPROVED; ETC. (TITLE ONLY) = CONTINUED PUBLIC HEARING TO THE OCTOBER 15, 2001, REGULAR COMMISSION MEETING (AGENDA ITEM IV-A-3) Tape #2 (1433) through (3179) CD 8:20 through 8:59 Robert Fournier, Attorney, City Attorney's Office, came before the Commission and stated that proposed Ordinance No. 01-4337 is to schedule the referendum date for March 12, 2002, for the electors of the City to vote on the amendment to the City of Sarasota Charter (1996) (City Charter) proposed in the petition presented by the Coalition for Sarasota's Future (CSF) and determine the ballot language for the title and summary of the proposed City Charter amendment; that a March 2003 election for a strong mayor will be held if the March 12, 2002, referendum prevails; that proposed Ordinance No. 01-4337 contains a summary and appends a copy of the full text of the proposed City Charter amendment. Attorney Fournier continued that format and content must be considered in developing the ballot language; that the recommendation for ballot language is to use the summary rather BOOK 50 Page 21872 09/17/01 6:00 P.M. BOOK 50 Page 21873 09/17/01 6:00 P.M. than the question format; that both the summary and the question formats are limited by State Statute to 75 words; that 15 words are allowed for the title; that words are wasted using the question format; that the summary format works well; that the title of the amendment indicated in Section 5, proposed Ordinance No. 01-4337, is: Charter Amendment to change the form of City Government: Mayor as Chief Executive Officer Attorney Fournier stated that the Mayor is referenced at least twice in the proposed City Charter amendment as the Chief Executive Officer (CEO); that the proposed title reflects the change in the form of government; that any charter amendment for a referendum must address only a single subject; that the single subject addressed in the proposed City Charter amendment is the form of government; that the 75-word summary limitation increases the difficulty in fully explaining an amendment; that three summary alternatives for the ballot language are provided as follows: : Alternative A: Amendment providing for an elected Mayor (along with five Commissioners); granting administrative authority to Mayor, including setting Commission agendas; line item veto over Commission decisions (except for land use) subject to override by four-fifths Commission vote, annual submission of operating budget and capital improvements program; appointing, removing, and supervising City Manager and City employees (except for the City Auditor and Clerk and City Attorney) and general authority to perform all duties now assigned to City Manager. Alternative B: Amendment to provide for a Mayor elected by the voters (in addition to five City Commissioners) ; to grant administrative authority to the Mayor; including authority to set Commission agendas; to exercise line- item veto over Commission decisions, subject to override by four-fifths Commission vote; to annually submit operating budget and capital improvements program; to appoint, remove and supervise City Manager and other City Employees, and to perform all duties now assigned to City Manager. Alternative C: Amendment to create new office of Mayor elected to four-year term by registered voters; Mayor would preside at City Commission meetings but have no vote except to break a tie; would have veto power over City Commission decisions (except quasi-judicial decisions); would have hiring, firing and supervisory authority over City Manager and other City employees; would prepare annual budget; would administer daily operations of City and perform duties now assigned to City Manager. Attorney Fournier continued that each : summary is composed in a slightly different manner; that Alternative A utilizes present participles; that Alternative B utilizes infinitives; that Alternative C utilizes the conditional format; that the Commission is requested to consider which Alternative is the most objective and the most easily understood by the voters; that the goal for the proposed summaries is to be objective and informative without indicating a preference; that the summaries are legally defensible; that a concern is the possibility the voters will misconstrue the facts of the amendment; that the Commission is the legislative entity charged with maintaining the integrity of the ballot language. Attorney Fournier stated Eurther that Alternative B is recommended with some modifications which will be presented after the public hearing; that some words have been deleted in favor of including more explanatory words; that Alternative B as indicated in proposed Ordinance No. 01-4337 includes the strong mayor's ability to veto but does not indicate the veto power does not extend to land use matters; that Alternative B indicates the strong mayor will be able to appoint, remove, and supervise employees which should be modified as to hire, fire, and supervise employees; that Alternative B does not indicate the strong mayor's hiring power does not include the Office of the City Auditor and Clerk and the City Attorney's Office; that the Commission is requested to determine the most important components of the amendment which warrant mention in the ballot summaryi that five components which should be indicated in the ballot summary have been identified by the City Attorney's Office including: The Mayor will be elected by voters and will serve in addition to the five Commissioners. The Mayor will have veto power and the power to set agendas. BOOK 50 Page 21874 09/17/01 6:00 P.M. BOOK 50 Page 21875 09/17/01 6:00 P.M. The Mayor will have budgetary authority. The Mayor will have hiring and firing capabilities. - The Mayor will have supervisory authority. Attorney Fournier continued that the three alternative summaries include these five components. Vice Mayor Quillin stated that the three alternative summaries are not pleasing; that portions of each summary should be incorporated in a different summary; that the beginning of the summary must include the phrase "amendment to create new office of mayor" as in Alternative C; that the creation of a new office is the most significant portion of the amendment. Attorney Fournier stated that the ballot language does not have to be finalized until December 2001; that the Commission is requested to offer direction concerning the components from each summary for use in development of a new summary. Vice Mayor Quillin stated that the proposed alternative summaries should have been received by the Commission prior to receipt of the Agenda backup material; that the inclusion of the word "strong" to modify mayor is desired in the title; that the title should read as follows: Charter amendment to completely change the form of City Government to a strong mayor Vice Mayor Quillin continued that the proposed City Charter amendment completely alters the form of government; that the public will encounter different types of mayors in conducting research concerning the form of government change and should be aware of which type of mayor will be elected; that as much information as possible should be offered to the public; that fully informing the public of the complete change in the form of government proposed by the amendment in 75 words is difficult. Attorney Fournier stated that time is available after the public hearing and in later meetings to discuss the ballot language further. Mayor Mason opened the public hearing and the following people came before the Commission: John Flaherty, 500 Royal Road, Longboat Key (34228), stated that the Commission has sufficient time to make suggestions and changes to the ballot language; that the discussion concerning the ballot title and summary at the current meeting is appreciated; that the ballot title should not indicate the mayor as a Chief Executive Officer (CEO); that the State Statutes do not reference a CEO in the context of government; that the title of CEO is used for businesses rather than government officials and has no political meaning; that the phrase "strong mayor" or "boss mayor" should be used in the ballot title; that a mayor is not a CEO; that the inclusion of the hiring and firing powers of the strong mayor in the ballot summary is a necessity; that a strong mayor will have the power to hire and fire the City Manager and the Police Chief among others; that control of the Police Chief is a very serious issue which decreases morale for career employees. Dick Sheldon, 526 South Osprey (34236), stated that indicating the significant change to the City Charter is important; that a strong mayor will have veto power; that the Commission/Manager form of government presently utilized in the City should be retained. There was no one else signed up to speak and Mayor Mason closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 01-4337 by title only. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 01-4337 on first reading and specifying the wording for the ballot language. Attorney Fournier stated that proposed Ordinance No. 01-4337 can be modified prior to and the wording for the ballot language can be specified at second reading providing the Commission offers direction to the City Attorney's Office for any desired changes; that the term CEO is generally associated with the corporate world; however, the proposed amendment as presented in the CSF's petition utilizes the title of CEO in Section 4, Article I, Form of Government, and in Section 8, Article III, Powers of the Mayor; that the title CEO is the most legally defensible term; that using the phrase "strong mayor" instead of Chief Executive Officer does not provide voters a tangible reference to the powers the mayor will hold; that the Commission can determine the ballot language and may change and modify the proposed ballot language as desired; that using the phrases "in addition BOOK 50 Page 21876 09/17/01 6:00 P.M. BOOK 50 Page 21877 09/17/01 6:00 P.M. to the five Commissioners" and "strong mayor form of government II are suggested if the Commission desires to use the phrase "strong mayor. - Vice Mayor Quillin stated that the Commission should determine the desired ballot language at this time rather than at second reading; that including the phrase "completely change" to describe the affect on the form of government is desired; that the prevalence of strikeouts, deletions, and additions to the City Charter indicated in the proposed City Charter amendment for which the ballot language is being determined is proof of a "complete change I in the City Charter; that the public commonly recognizes the proposed City Charter amendment as the strong mayor form of government; that many different types of mayors are utilized in local governments; that the public should be aware the elected mayor proposed is the strongest type of mayor possible; that the Commission must be fair and objective as well as candid with the public; that the public signed a petition concerning an elected mayor without knowledge of the powers of the elected mayor; that the proposed City Charter amendment will completely change the form of government the City has known for over 50 years if prevailing; that the five components identified by the City Attorney's Office for inclusion in the 75-word summary as well as the phrase "create new office of mayor" are important; that a desired title and summary were personally provided to the City Attorney's Office and rejected; that the Commission is responsible for ensuring the public is fully aware of the changes included in the proposed City Charter amendment; that the proposed City Charter amendment does not only include the election of a mayor but also a complete change in the current form of government. Commissioner Martin stated that using the word "completely" is a concerni that the City Charter is not completely changing; that the changes in the proposed City Charter amendment are substantial; however, the word completely" may be misleading. Attorney Fournier stated that use of the word "completely" could be easily disputed legally as the City Charter is not being completely changed; that the word "substantially" could be used as a substitute. Vice Mayor Quillin stated that the legality of the ballot language is the concern of the City Attorney's Office; that the proposed City Charter amendment modifies over 50 percent of the current City Charter which is personally considered a complete change; that the proposed City Charter amendment completely removes the powers of the City Manager. Commissioner Martin stated that confusing ballot language must be avoided; that the campaign concerning the proposed City Charter amendment will provide information concerning the amount of change in the City Charter; that the 75-word limitation creates difficulty in being fully explanatory; that the ballot language must be neutral; that the title should not be confusing; that the public may commonly know the proposed City Charter amendment as the strong mayor form of government. Attorney Fournier stated that the current proposed ballot title does not include the words " completely, 1 "strong, 1 or "substantially" to avoid reflecting value judgments; that the title and summary. format allows 15 words for the title and 75 words for the summaryi that the current title only uses 14 words; therefore, one word may be added if desired; that the recommendation is to use the proposed title; that using the phrase "strong mayor" is more desirable than using "completely change" to describe the proposed City Charter amendment as the phrase "strong mayor" is commonly recognized; that conflict concerning the ballot title should be avoided. Commissioner Palmer concurred with Commissioner Martin; and stated that the ballot language should be objective; that the City Attorney's Office should inform the Commission of the appropriateness of terminology for the ballot language. Attorney Fournier stated that the objectivity of the phrase "strong mayor" will be reviewed in greater detail; that the phrase "strong mayor" is more legally defensible than the phrase completely change" as the public commonly recognizes the proposed City Charter amendment as the election of a strong mayor; that the public also commonly recognizes the proposed City Charter amendment as a change in the form of government. Commissioner Palmer stated that the language in the referendum must be objective; that including the reference to the proposed full veto powers of the strong mayor in Alternative B is supported; however, the veto limitation for land use matters should also be incorporated; that the phrase "hire and fire" should replace the phrase "appoint and remove" in Alternative B; that the Commission should not compose the ballot language at the Table but rather should provide the City Attorney's Office BOOK 50 Page 21878 09/17/01 6:00 P.M. BOOK 50 Page 21879 09/17/01 6:00 P.M. with direction and be presented with modified ballot language at a later date. Attorney Fournier concurred; and stated that summary Alternative B has been amended from the current Alternative B included in the Agenda backup material in proposed Ordinance No. 01-4337, Section 5, as follows: Alternative B: Amendment to provide for a Mayor elected by the voters (in addition to five City Commissioners) i to grant administrative authority to Mayor including: set Commission agendas; exercise line-item veto over Commission decisions (except land use) subject to override by a four-fifths Commission vote; submit operating budget and capital improvements program; hire, fire and supervise City Manager and all other City Employees (except Clerk and Attorney's Offices); perform all duties now assigned to City Manager. Attorney Fournier continued that the amended Alternative B incorporates the recommended ballot language. Commissioner Palmer stated that a concern is in Section 6 of proposed Ordinance No. 01-4337 as follows: The term of Mayor so elected shall run four years sO as to coincide with the terms of the three district Commissioners. Commissioner Palmer continued that four members of the Commission would be elected simultaneously while the two at-large Commissioners would be elected two years later; that the language should be amended to read as follows: The term of the Mayor so elected shall run two years initially and then four years so as to coincide with the election of the two at-large Commissioners. Commissioner Palmer asked if proposed Ordinance No. 01-4337 can be amended to include the proposed language change? Attorney Fournier stated yesi that the Commission has the discretionary authority to amend the language in proposed Ordinance No. 01-4337; that the proposed City Charter amendment limits a mayor to no more than three consecutive four-year terms; that an elected strong mayor could theoretically hold office for fourteen years, beginning with - the two-year initial election term and then serving three additional four-year terms. Commissioner Palmer stated that the initial language of the proposed City Charter amendment developed by the CSF included reference to an initial three-year term and subsequent four-year terms to coincide with the election of the at-large Commissioners. Mayor Mason stated that the current title and the amended Alternative B are supported as the ballot language. Vice Mayor Quillin asked against whom will the City Attorney's Office be defending the ballot language? Attorney Fournier stated that any word or phrase included in the ballot language can be misconstrued by someone seeking a desired outcome; that the desire is to avoid confusion; that a sponsor or proponent of the proposed City Charter amendment claiming the City's choice of ballot language is pejorative is a concern. Vice Mayor Quillin stated that the Commission is responsible for ensuring the public is fully aware and completely understands the proposed City Charter amendment. Attorney Fournier concurred. Vice Mayor Quillin stated that the general public will research the ballot language to fully understand the proposed City Charter amendment; therefore, the phrase "strong mayor" must be included in the ballot language for the public's awareness of which type of mayor to research; that the phrase "create new office of mayor" is key and should be included in the ballot language. Attorney Fournier stated that a revised summary of the ballot language will be developed and presented to the Commission at the October 15, 2001, Regular Commission meeting? City Auditor and Clerk Robinson stated that the public hearing for first reading of proposed Ordinance No. 01-4337 can be re-opened and continued to the October 15, 2001, Regular Commission meeting if desired. BOOK 50 Page 21880 09/17/01 6:00 P.M. BOOK 50 Page 21881 09/17/01 6:00 P.M. Commissioner Palmer asked the Commission's preference concerning holding the initial strong mayor election for a two-year term and holding subsequent elections every four-years to coincide with the election of the at-large Commissioners? Mayor Mason stated that hearing the Commission's consensus, the phrase "create new office of mayor" and the amended term for the strong mayor will be included in a revised alternative for the ballot language for the proposed City Charter amendment. Commissioner Martin asked if different types of mayors can be referenced in the ballot title and if an indication of a strong mayor presiding over meetings with no vote can be included in the ballot summary? Attorney Fournier stated that the 75-word limitation of the ballot summary makes including every power held by a strong mayor difficult. Mayor Mason stated that hearing the Commission's consensus, the public hearing is re-opened and will be continued to the October 15, 2001, Regular Commission meeting. Commissioner Palmer stated that including the power of a strong mayor to preside over meetings is moot as the mayor currently presides over meetings; that the only difference is the mayor currently votes whereas an elected strong mayor will not; that the inclusion of a strong mayor's veto power is important. Attorney Fournier concurred. 11. NON QUASI- JUDICIAL PUBLIC HEARING RE: NEWTOWN TRAFFIC CALMING MASTER PLAN DEVELOPED BY THE TASK FORCE COMMITTEE - APPROVED NEWTOWN TRAFFIC CALMING MASTER PLAN AND AUTHORIZED THE CONSTRUCTION OF SPEED TABLES ON 19TH, 21ST, AND 29TH STREETS (AGENDA ITEM IV-A-4) Tape #2 (3183) through (3854) CD 8:59 through 9:10 Alexandrea Hay, Deputy Director of Enginering/Deputy City Engineer, came before the Commission and stated that the Newtown Traffic Calming Task Force (Newtown Task Force) was formed in the summer of 2000 and included citizens and residents as well as Sarasota Police Department (SPD) and Engineering Department Staff to evaluate the area bounded on the north by Myrtle Street, on the west by Central Avenue, on the east by US 301, and on the south by 17th Street; that regulatory signage and intersection visibility and parking concerns were reviewed by the Newtown Task Force; that service requests were issued to the appropriate government agency to resolve the findings of the review; that the Newtown Task Force reviewed cut-through traffic and speeding; that 18 locations were identified by the Newtown Task Force for traffic counts by Engineering Staff; that 6 of the 18 locations met the requirements of traffic calming warrants; that the Newtown Task Force identified the 4 most important of the 6 locations meeting traffic calming warrants, developed neighborhood identification to alert drivers of a residential area, and developed a Traffic Calming Master Plan (Master Plan) for the 4 locations which provides for the construction of two speed tables on each of the following streets: 29th Street between U.S. 301 and Osprey Avenue 21st Street between Osprey and Orange Avenues 19th Street between Orange and Central Avenues Ms. Hay continued that the Newtown Task Force also determined a neighborhood gateway should be installed at 17th Street and Orange Avenue to alert drivers to the presence of a residential area and for neighborhood identification; that the gateway treatment will be designed and constructed in conjunction with the 17th Street project; that a neighborhood meeting was held on July 18, 2001, to obtain input from the public concerning the installation of speed tables and the gateway treatment; that survey results from the neighborhood meeting indicate the majority of the neighborhood is in favor of the proposed speed tables and gateway treatment; that speed tables will be constructed in October 2001 or November 2001 if the Commission approves the Master Plan. Mayor Mason opened the public hearing. There was no one signed up to speak and Mayor Mason closed the public hearing. City Manager Sollenberger stated that the Administration recommends approving the Newtown Traffic Calming Master Plan and authorizing the construction of speed tables on 19th, 21st, and 29th Streets. On motion of Commissioner Palmer and second of Commissioner Martin, it was moved to approve the Newtown Traffic Calming Master Plan and to authorize the construction of speed tables on 19th, 21st and 29th Streets. BOOK 50 Page 21882 09/17/01 6:00 P.M. BOOK 50 Page 21883 09/17/01 6:00 P.M. Commissioner Martin stated that the word "hump" generally used to designate a speed table on roads has a negative connotation which citizens may not desire to use; that a different word should be determined to designate a speed table on roads; and asked if the Newtown Task Force discussed an alternate word to replace the word "hump" designating speed tables on the road? Ms. Hay stated no; that the Engineering Department is awaiting formal guidelines from the Manual of Minimum Standards for Design Construction and Maintenance for Streets and Highways, commonly known as Florida Green Book"; that the word "hump" has been typically used to designate speed tables on roads. Commissioner Martin stated that several private communities use the word "wave" to designate speed tables on roads; that the, word "hump" should be reviewed and changed. Vice Mayor Quillin stated that the supporting documents included in the Agenda backup material contain insufficient information; that insufficient neighborhood demographics are provided to the Commission; that the number of surveys distributed and returned is unknown; that no documentation or information concerning the Newtown Task Force is provided; that the number of citizens attending the neighborhood workshop is unknown; that no information can be provided to citizens requesting supplemental information regarding speed tables as no information is provided; that the Commission requires specific backup material at the time an ordinance or resolution is reviewed which has not been provided. Ms. Hay stated that the specific backup material requirements are unknown; that invitations were distributed for the neighborhood open-house; that a list of invitation recipients can be provided to the Commission; that neighborhood open-house attendees complete an information form during the open-house which can also be provided to the Commission. Vice Mayor Quillin stated that the property owners in the neighborhood were not surveyed. Ms. Hay stated that is correct; that a neighborhood open-house is generally held rather than conducting a door-to-door survey of property owners. Vice Mayor Quillin stated that regulations were established for door-to-door surveying of property owners in neighborhoods; that the survey findings should be reported to the Commission as speed tables have previously been installed on many roads in the. City regardless of citizen input. Mayor Mason stated that the Newtown Task Force members reviewed the suggested installation of speed tables. Ms. Hay stated that is correct. Mayor Mason stated that the Newtown Task Force included representatives from the SPD, Booker High School, the Sarasota Housing Authority, the Boys and Girls Club of Sarasota County, Inc., and Engineering Department Staff. Vice Mayor Quillin stated that the concern is not the Newtown Task Force but rather the other task forces currently meeting. Ms. Hay stated that the current method for identifying and installing speed-tables in areas of need can - be aménded as the Commission wishes; that surveying methods for installing speed tables can also be amended as the only known method is the neighborhood open-house. Mayor Mason called for a vote on the motion to approve the Newtown Traffic Calming Master Plan and to authorize the construction of speed tables on 19th, 21st, and 29th Streets. Motion carried unanimously (4 to 0): : Martin, yes; Mason, yes; Palmer, yes; Quillin, yes. The Commission recessed at 9:10 p.m. and reconvened at 9:16 p.m. 12. CITIZENS' INPUT CONCERNING CITY TOPICS REFERRED TO ADMINISTRATION THE ISSUE OF RECOMMENDING A LOCATION FOR A MEMORIAL FOR THE SEPTEMBER 11, 2001, TERRORIST ATTACKS (AGENDA ITEM V) Tape #3 (0136) through (1202) CD 9:16 through 9:48 The following persons came before the Commission: James Dion, 2350 19th Street (34234), distributed and displayed on the Chamber monitors a picture of a waving United States (US) flag with photographs of 911 employees and the slogan "America's Everyday Heroes I and stated that President Ronald Reagan proclaimed September 11, 1987, as "National 911 Day"; that on April 25, 2001, the Sarasota Board of County Commissioners (BCC) BOOK 50 Page 21884 09/17/01 6:00 P.M. BOOK 50 Page 21885 09/17/01 6:00 P.M. proclaimed the week in which September 11 falls would be celebrated annually as "911 Week"; that Florida, Indiana, Arizona, Nebraska, Georgia, New Jersey, North Carolina, South Carolina, and West Virginia have proclaimed annual recognition of September 11 or the week in which September 11 falls as "911 Day" and/or "911 Week"; that a ceremony was personally prepared for Sarasota's "911 Week"; that President George W. Bush was invited to attend after the visit to Emma E. Booker Elementary School; that the ceremony was planned for national media broadcast to offer thanks to the everyday heroes of 911; that at 8:45 a.m. on September 11, 2001, the World Trade Center towers in New York City and the Pentagon in Washington, D.C., were attacked by terrorists; that the history of the US was forever changed as of that moment. Mr. Dion continued that a connection is felt with the tragedy as the President was in the City to visit Emma E. Booker Elementary School; that the Commission is requested to assist with the building of a memorial to honor those who lost lives during the terrorist attack; that the men and women in the airlines, the World Trade Center towers, the Pentagon, and especially those who lost lives in an attempt to rescue others after the terrorist attacks deserve remembrance as US heroes; that the proposed memorial will include a US Flag, an eternal light, a wall listing the names of the victims, and a wall of photographs; that-the terrorist attacks will be the Pearl Harbor for today's children; that a parking area should be available for those who wish to visit the memorial; that the memorial will be an example for other US cities to follow; that the US can be damaged but not destroyed; that US citizens will always recover from such an attack by becoming stronger and wiser. Mr. Dion stated further that Marina Jack is willirg to provide a nearby location away from marina traffic and close to the water; that the memorial will be developed and constructed personally; that the request is for the Commission to recommend and approve a site on which the memorial can be constructed. Vice Mayor Quillin stated that a remembrance of the terrorist attacks on September 11, 2001, is supported; that a memorial is worthy; that Payne Park would be an excellent location for a memorial. City Manager Sollenberger stated that the Commission can refer the issue of a memorial location to the Administration. On motion of - Vice Mayor Quillin and second of Commissioner Palmer, it was moved to refer the issue of a recommended memorial location to the Administration. Motion carried unanimously (4 to 0): Martin, yes; Palmer, yes; Quillin, yes; Mason, yes. George Peter Ryan, 241 Garfield Drive (34235), stated that several members of the audience attended the September 8, 2001, Neighborhood Conference in Orlando, Florida, Neighborhood Conference), which illustrated the importance of neighborhoods locally, in the state, and to the government; that neighbors joining to work for a common good helped to found the US; that every attendee of the Neighborhood Conference returned with a knowledge and awareness of neighborhoods and communities not previously understood; that new neighbors and friends were gained Statewide by Neighborhood Conference attendees; that the Commission should encourage City residents to become involved in City neighborhoods; and presented a shirt with the slogan "Celebrating Florida's Great Neighborhoods' " from the Neighborhood Conference to the Mayor on behalf of the City's delegation. Paul Thorpe, 1818 Main Street (34236), representing the Downtown Association of Sarasota, Inc. (Downtown Association), distributed a subtenant proposal submission provided to the Downtown Association by John Pérseo for the Main Street Station lease and stated that Mr. Dion's presentation was inspiring; that proposals have been reviewed and a vendor selected for the Main Street Station; that the vendor's business will open on a small scale on October 5, 2001, and be fully operational by November 2, 2001; that activities to bring excitement and vitality to Downtown will be planned on a regular basis; that the Commission will be pleased with the subtenant. Pam Lasota, 1602 W Sarasota Mobile Home Park (SMHP) (34237), stated that electricity was lost in her residence at the SMHP at 9:50 a.m. on September 14, 2001, during Tropical Storm (TS) Gabrielle; that information concerning TS Gabrielle was unavailable from television and radio prior to and after the loss of electricity; that information concerning the severity of TS Gabrielle and the recommended evacuation was unavailable; that an emergency radio channel should be provided for similar situations to provide better information to the public; that local television stations were unable to. operate; that information for the public was necessary but was not provided. BOOK 50 Page 21886 09/17/01 6:00 P.M. BOOK 50 Page 21887 09/17/01 6:00 P.M. Ms. Lasota continued that the closing of SMHP is a concern; that full-time residents are not being provided with sufficient time to find alternative housing; that the previous understanding was full-time residents would have one calendar year from the date of a Commission vote to close the SMHP to procure alternative housing; that the information currently provided indicates a six-month time period to procure alternative housing; that Staff has tried to assist with the search for alternative housing; however, the desire is to remain in the SMHP as the SMHP is home for her family. Kafi Benz, P.O. Box 2900 (34230), representing Indian Beach Sapphire Shores Neighborhood Association, Mary Anne Servian, 326 Arthur Drive (34236), representing. St. Armands Neighborhood Association, and George Peter Ryan, 241 Garfield Drive (34236). Ms. Benz stated that she, Ms. Servian, and Mr. Ryan will form the task force to gather information from stakeholders regarding proposed Ordinance No. 01-4355 concerning mega-houses; that use of the City post office box to receive public input from the stakeholders via mail is requested. Ms. Servian stated that the Commission determined a task force should be formed to gather information from the stakeholders regarding proposed Ordinance No. 01-4355; that all stakeholders will be invited to join the task force concerning mega-houses to develop a consensus to present to the Commission. Ms. Benz stated that the task force will be open to all stakeholders desiring to participate; that use of the City post office box is requested to receive public input from stakeholders. Vice Mayor Quillin stated that a concern is the misplacement of correspondence intended for the task force received through the City post office box. Ms. Benz stated that mail received at the City post office box for the task force will be personally collected daily. Vice Mayor Quillin stated that mail which is currently received through the City post office box is addressed to specific departments; that use of the City post office box should be discussed with the Administration; that correspondence which has been received to date in the City concerning mega-houses should be provided to the task force; that each person who previously sent correspondence concerning mega-houses should be contacted and invited to participate in the task force; that all correspondence received through the City post office box is specifically addressed to a recipient. City Attorney Taylor stated that the Commission has a decision concerning proposed Ordinance No. 01-4355 pending; that the Commission determined to make the decision at a later date pending information independently generated by community stakeholders; that community stakeholders are being offered sufficient time to resolve differences and reach a consensus; and asked if the Commission is now determining to consider the task force a City project and offer City resources? Vice Mayor Quillin stated that use of the City post office box should be referred to the Administration; that information received in the City to date concerning mega-houses should be provided to the task force. Ms. Benz stated that correspondence received through the City post office box will be collected daily if use by the task force is approved. Commissioner Palmer stated that the amount of citizen interest and participation is pleasing; that the intent is to reach a consensus and unite the community rather than remain divisive; that the proposal developed will likely be better than those developed thus far in the City; that the citizens are vitally important in the decision-making process; that all stakeholders should be involved; that a privately organized task force not utilizing City resources is preferred; that the City should avoid endorsing one aspect of the issue. Ms. Benz stated that use of City resources is not expected. Mr. Ryan concurred. Ms. Servian stated that the desire is to create a task force for the development community and homeowners to unite and reach a consensus. Commissioner Palmer stated that information received to date in the City concerning the mega-houses will be provided to the task force; that an expeditious resolution is anticipated. BOOK 50 Page 21888 09/17/01 6:00 P.M. BOOK 50 Page 21889 09/17/01 6:00 P.M. Commissioner Martin asked for clarification of the request to use the City post office box? Ms. Benz stated that the City post office box will be used to receive input concerning mega-houses from stakeholders. Mr. Ryan stated that the task force will continue regardless of the decision concerning use of the City post office box; that information will be gathered and a conclusion determined with or without the use of a post office box to receive correspondence. Commissioner Palmer stated that the Administration will provide the task force with the correspondence received in the City concerning mega-houses to date. Ernest Babb, 1886 Bahia Vista Road (34239), stated that proposed Ordinance No. 01-4355 concerning mega-houses is a concern; that the September 17, 2001, Regular Commission meeting Agenda indicates citizens' comments are not permitted concerning proposed Ordinance No. 01-4355; that citizens' comments are not permitted on the second reading of a proposed ordinance or resolution; that allowing citizens' to comment subsequent to the public hearing of proposed Ordinance No. 01-4355 is unfair to citizens' desiring to comment on - other ordinances; that the same allowances should be granted to all ordinances; that a standard policy should be developed; that proposed Ordinance No. 01-4355 should not have been passed on first reading if the Commission had concerns; that the City Attorney consistently indicates ordinances cannot be substantively modified after being passed on first reading; that previous discussions have indicated substantive changes will be made to proposed Ordinance No. 01-4355; that time is being wasted as the City Attorney's Office will likely be required to redraft proposed Ordinance No. 01-4355 and present an ordinance with substantive changes; that a decision cannot be made concerning proposed Ordinance No. 01-4355 as the ordinance will be substantially amended from the originally advertised ordinance; that the Commission cannot choose specific instances for citizens to provide comments and prohibit citizens from providing comments at other times under the same auspices; that standard and uniform policies should be adopted; that the Commission has the ability to deny an ordinance on first reading if the Commission desires rather than waste time, effort, and money by allowing inappropriate ordinances to pass on first reading and substantially amended prior to the second reading. John Flaherty, 500 Royal Road (34228), distributed a September 17, 2001, memorandum concerning the contract awarded to Project Development International (PDI) to the Commission, concurred with Mr. Babb, and stated that substantial changes to an ordinance after being passed on first reading does not allow for interested or affected citizens to provide comments which may be of relevance; that consistency is key; that a memorial commemorating the lives lost during the September 11, 2001, terrorist attacks is strongly supported. Mr. Flaherty continued that New Business Item No. VII-2 concerning the management of - an anchorage off of Bayfront Park by Marina Jack is a concern; that the proposal for Marina Jack to manage the anchorage is vague as the specific management is not indicated; that other interested parties should be invited to submit proposals for management of an anchorage; that Marina Jack should not be the only entity allowed to discuss proposals for management of an anchorage; that Marina Jack should not be allowed to monopolize the City's waterfront. Mr. Flaherty stated further that the City frequently awards contracts without issuing a Response For Proposal (RFP); that the City entered a contract on August 6, 2001, with PDI in the amount of $188,750 without issuing an RFP which is in violation of State Statutes; that State Statutes mandate any contract for over $25,000 requires an RFP; that other entities were not given the opportunity to submit bids for the contract awarded to PDI; that a concern is other entities will not be given the opportunity to submit a bid for management of an anchorage. 13. UNFINISHED BUSINESS: APPROVAL RE: : RECONSIDERATION OF DESIGNATING AS AVAILABLE FOR MEN AGAINST DESTRUCTION DEFENDING AGAINST DRUGS AND SOCIAL DISORDERS (MADDADS) PROPERTY OWNED ON DR. MARTIN LUTHER KING, JR. WAY AND COCOANUT AVENUE - RESCINDED THE GRANT OF USE OF THE PROPERTIES TO MADDADS AND DIRECTED THE ADMINISTRATION TO PROPOSE A CHANGE TO THE CITY'S COMPREHENSIVE PLAN, ALSO CALLED THE SARASOTA CITY PLAN, 1998 EDITION (CITY'S COMPREHENSIVE PLAN), AND THE FUTURE LAND USE MAP TO DESIGNATE THE PROPERTY IN THE OPEN SPACE- - RECREATIONAL CONSERVATION LAND USE CLASSIFICATION (AGENDA ITEM VI-1) Tape #3 (1215) through (1560) CD 9:48:55 through 9:57:55 City Manager Sollenberger stated that the Commission previously granted use of the City-owned properties located at 1322 Dr. BOOK 50 Page 21890 09/17/01 6:00 P.M. BOOK 50 Page 21891 09/17/01 6:00 P.M. Martin Luther King, Jr. (MLK), Way and 2524 Cocoanut Avenue to Men Against Destruction Defending Against Drugs and Social Disorders (MADDADS) for the development of a building facility; that Mayor Mason is requesting the Commission reconsider the previous approval to allow use of the properties as additional parking for MLK Park, which receives significant use by the public but does not have adequate parking; that a structure and concrete slab were previously located at the Cocoanut Avenue property prior to purchase by the City; that the City demolished the building and removed the concrete slab to provide additional parking for MLK Park; that the MLK Way property was previously owned by the Ivory family; that significant code enforcement violations previously occurred on the property; that the City purchased the property to alleviate the code enforcement violations and to provide further parking for MLK Park; that the Commission recently approved the appropriation of Local Options Sales Tax (L.O.S.T.) extension, also called the penny sales tax, revenues to fund the construction of restrooms, a pavilion, and other amenities at MLK Park; that the proposed improvements will increase the use; that additional parking will be required; that the Commission may decide to: 1. Maintain the status quo and allow MADDADS continued use of the properties or 2. Rescind the grant of use of the properties to MADDADS and direct the Administration to propose a change to the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), and the Future Land Use Map to designate the property in the Open space-Recreational Conservation Land Use Classification Mayor Mason stated that maintaining the status quo would potentially allow MADDADS to construct a building which may not correspond to the character of the surrounding neighborhood; that the proposed improvements will significantly increase use of MLK Park; that additional parking space will be required; that an increased number of vehicles will be parked on the small residential streets near MLK Park; that a dangerous situation may result; that the Commission did not previously consider all the potential ramifications of allowing MADDADS to construct a building in the neighborhood and reducing the potential parking for MLK Park; that rescinding the grant of use of the properties to MADDADS is supported. On motion of Vice Mayor Quillin and second of Commissioner Palmer, it was moved to rescind the grant of the use of the properties to MADDADS and direct the Administration to propose a chânge to the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), and the Future Land Use Map to designate the property in the Open Space- Recreational Conservation Land Use Classification. Vice Mayor Quillin stated that the original grant of the properties to MADDADS was not supported previously; that MLK Park is utilized by the public frequently; that many activities and events are held at MLK Park; that significant parking must be provided to ensure vehicles are not parked in the surrounding neighborhood; that traffic intrusion into the City's neighborhoods must be reduced if possible; that the City originally purchased the properties for use as additional parking for MLK Park; that Community Development Block Grant (CDBG) funds were utilized to acquire the properties; that additional parking should be provided for MLK Park. Commissioner Palmer stated that MADDADS is an - important community organization; that the City should provide MADDADS an alternate property if possible; that a representative of MADDADS is not present at the current meeting to voice opposition to or support for rescinding the grant of use of the properties; that a position from MADDADS is desired. Mayor Mason stated that a representative of MADDADS is present at the current meeting and previously indicated support for rescinding the grant of use of the properties. Commissioner Palmer stated that MADDADS is an important community organization and should be supported by the City; that an alternate property for MADDADS should be proposed if possible. Mayor Mason stated that MADDADS previously indicated a proposal would be provided to the Commission if an alternate property is desired. Commissioner Martin stated that the motion is supported; that additional parking is required at MLK Park; that MADDADS is an important community organization, should receive the support of the City as often as required, and will continue to provide valued service to the public if the grant of use of the properties is rescinded; that MADDADS has not opposed rescinding BOOK 50 Page 21892 09/17/01 6:00 P.M. BOOK 50 Page 21893 09/17/01 6:00 P.M. the grant of use of the properties; that renting or purchasing a facility may be a viable alternative for MADDADS. Mayor Mason called for a vote on the motion to rescind the grant of use of the properties to MADDADS and direct the Administration to propose a change to the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), and the Future Land Use Map to designate the property in the Open Space-Recreational Conservation Land Use Classification. Motion carried unanimously (4 to 0) : Martin, yes; Palmer, yes; Quillin, yes; Mason, yes. 14. UNFINISHED BUSINESS: APPROVAL RE: : SARASOTA MOBILE HOME PARK RELOCATION PLAN - APPROVED A BENEFITS PACKAGE FOR SEASONAL AND FULL-TIME RESIDENTS; ESTABLISHED DEFINITIONS OF A FULL-TIME RESIDENT AND SUITABLE ALTERNATIVE HOUS. ING; ESTABDISHED THE OFFICIAL CLOSURE DATE OF THE SARASOTA MOBILE HOME PARK AS APRIL 28, 2002; AUTHORIZED STAFF AND THE CITY ATTORNEY TO COMMENCE EVICTION PROCEEDINGS IN MAY 2002 FOR CASES IN WHICH TWO OR MORE ALTERNATIVE HOUSING SITES HAVE BEEN IDENTIFIED BY STAFF BUT NOT ACCEPTED BY RESIDENTS; DIRECTED STAFF TO PRESENT THE CIRCUMSTANCES OF RESIDENTS FOR WHOM SUITABLE ALTERNATIVE HOUSING HAS NOT BEEN IDENTIFIED; AND DIRECTED THE SARASOTA MOBILE HOME PARK BE FORMALLY CLOSED IN A MANNER CONSISTENT WITH STATE LAW (AGENDA ITEM VI-2) Tape #3 (1560) through (2620) CD 9:57 through 10:23 V. Peter Schneider, Deputy City Manager, came before the Commission, referred to the Sarasota Mobile Home Park (SMHP) Relocation Plan included in the Agenda backup material, and stated that Staff has prepared a thorough plan to relocate the remaining SMHP residents; that the directions and concerns of the Commission were carefully considered in preparing the SMHP Relocation Plan. Donald Hadsell, Director of Housing and Community Development, Nancy Carolan, Director of General Services, and Michael Connolly, Attorney, City Attorney's Office, came before the Commission. Ms. Carolan referred to the SMHP Relocation Plan included in the Agenda backup material and stated that 26 tenants remain at the SMHP; that the following actions should be considered: Establish a level of benefits to encourage full-time and seasonal residents to leave the SMHP voluntarily; Establish definitions for "full-time resident II and "suitable alternative housing"; Determine if a closing date should be established and, if sO, the date the SMHP should be closed; and Establish the conditions necessary to evict a resident. Ms. Carolan continued that Staff met with SMHP residents on September 8, 2001, to discuss the SMHP Relocation Plan; that Vice Mayor Quillin attended the meeting; that all SMHP residents received notice concerning the meeting; that the SMHP Relocation Plan was discussed with the residents attending the meeting; that residents were also informed the SMHP Relocation Plan would be presented to the Commission at the current meeting. Mr. Hadsell stated that the intent of the SMHP Relocation Plan is to treat SMHP residents fairly and assure the identification of suitable alternative housing; that the SMHP Relocation Plan will ensure no SMHP resident becomes homeless or transient; that the majority of the remaining SMHP residents will be provided either less expensive or more suitable housing; that the proposed levels of benefits are assigned according to a SMHP resident's status as full-time or seasonal; that seasonal residents will be provided the benefits required by the State; that full-time residents will be provided benefits in addition to the State's requirements; and referred to a September 7, 2001, memorandum to the Commission included in the Agenda backup material indicating Staff's recommendation for the benefits package for full-time residents is to: 1) pay the amount required by State law, or 2) at the option. of the mobile home's owner, pay the actual moving cost not to exceed $10,000 for a single-wide or $15,000 for a double- wide mobile home, and 3) continue to purchase mobile homes for the value * established by an independent appraiser, and 4) purchase replacement mobile homes at a cost up to $10,000 including actual moving costs, and 5) allow the City Manager or designee to provide alternative benefits in rare situations in an amount not to exceed $15,000. Mr. Hadsell continued that the phrase "where Staff cannot identify alternative suitable housing" was previously added to Recommendation No. 5; that the phrase was deleted after discussion with SMHP residents; that greater flexibility was desired to ensure the needs of a particular resident are satisfied; that a full-time resident is defined as an individual living in the SMHP BOOK 50 Page 21894 09/17/01 6:00 P.M. BOOK 50 Page 21895 09/17/01 6:00 P.M. for at least six months during each year, who is a legal resident of the United States and is in compliance with the rules of the SMHP; that the requirement of compliance with SMHP rules is to ensure a resident adheres to the City's regulations until the SMHP is closed; that Staff also recommends establishing an official closure date of April 28, 2002, and authorizing the City Attorney to commence any necessary eviction proceedings during May 2002; that Staff would be required to provide a SMHP resident two suitable alternative housing sites prior to commencing eviction proceedings; that a suitable alternative housing site is defined as follows: : 1. Housing which costs no more than 30 percent of the resident's gross income as defined by the Federal Department of Housing and Urban Development (HUD) or 2. A mobile home site costing no more than $350 per month located within 20 miles of the SMHP. Vice Mayor Quillin asked if the City will negotiate with the lawful owner of each mobile home and not necessarily the SMHP resident? Mr. Hadsell stated yes. Vice Mayor Quillin asked the City's obligation to SMHP residents who do not own the mobile home? Attorney Connolly stated that only SMHP residents who comply with SMHP regulations are eligible for relocation benefits; that SMHP regulations do not allow the renting or subletting of mobile homes in the SMHP; that the City only allows the mobile home owners and family members to reside in the SMHP as tenants. Vice Mayor Quillin asked with whom the City is obligated to negotiate a relocation contract? Attorney Connolly stated that the City is only contractually obligated to negotiate and provide benefits to the title holder of the mobile home. Vice Mayor Quillin asked if the State provides a definition of full-time verses seasonal residents based upon an individual's declared domicile? Attorney Connolly stated no; that State law does not provide a definition of a full-time versus a seasonal resident in a mobile home park based upon declared domicile; that the matter is a policy decision for the Commission; that Staff recommends defining full-time residents as individuals who live in the SMHP more than six months a year. Vice Mayor Quillin stated that a tenant should be considered a full-time resident if the mobile home is the individual's declared domicile and the individual has paid all monthly rents for the year; that the concern is the well-being of the tenants; that the recommendation to define a full-time versus seasonal resident should be revised; that one tenant has a declared domicile in Massachusetts, resides in the SMHP only 3 months of the year, and should be considered a seasonal resident; that additional criteria should be developed for establishing a tenant as a full-time or seasonal resident. Commissioner Palmer asked the number of remaining tenants? Mr. Hadsell stated that 26 tenants, of whom 10 have been designated as seasonal by Staff, remain at the SMHP; that the City is only required to pay tenants the relocations benefits specified by' the State; that the SMHP Relocation Plan provides SMHP residents higher benefits than required by the State in certain circumstances; that the intent is treat SMHP residents fairly and generously; that the criteria for determining a full-time or seasonal resident can be revised if desired. Commissioner Palmer asked if the case of any tenant requiring additional benefits will be presented to * the Commission for consideration? Mr. Hadsell stated yes; that letters will be sent to the 10 tenants considered seasonal residents; that the tenants will be provided an opportunity to challenge the designation as a seasonal resident. Vice Mayor Quillin stated that SMHP residents should be informed of the proposed benefits and regulations and the City's intent to provide higher benefits than required by the State; that SMHP residents may sue the City if the treatment is considered unfair. Mr. Hadsell stated that the designation of full-time versus seasonal resident could be deleted from the SMHP Relocation Plan; that the level of benefits could be provided according to the number of months a year a tenant resides in the SMHP. BOOK 50 Page 21896 09/17/01 6:00 P.M. BOOK 50 Page 21897 09/17/01 6:00 P.M. Commissioner Palmer referred to Policy Issue No. 6 concerning commencement of eviction proceedings in the September 7, 2001, memorandum indicating the Sarasota Housing Authority (SHA) will be accepting applications for the Section 8 Voucher Program offéred by the Federal Department of Housing and Urban Development (HUD) during the week of September 10, 2001; and stated that the week of September 10, 2001, has passed; and asked for clarification of the ability of SMHP residents to apply for the Section 8 Voucher Program? Mr. Hadsell stated that Staff previously met individually with each SMHP resident to assist with the preparation of an application for the Section 8 Voucher Program; that applications were also provided to SMHP residents at the September 8, 2001, meeting with Staff; that eight SMHP residents completed applications for the Section 8 Voucher Program during the week of September 10, 2001. Commissioner Palmer stated that the concern was the Commission would adopt the SMHP Relocation Plan after the application deadline for the Section 8. Voucher Program and SMHP residents would not be allowed a potential benefit. Mr. Hadsell stated that all SMHP residents were notified of the opportunity to submit an application for the Section 8 Voucher Program. Pam Lasota, 1602 W SMHP (34237), deferred from speaking. City Manager Sollenberger stated that the Administration recommends approving the SMHP Relocation Plan. Deputy City Manager Schneider came before the Commission and stated that the Commission could approve the SMHP Relocation Plan in its entirety if desired; that another option is to approve the individual recommendations and elements of the SMHP Relocation Plan. Vice Mayor Quillin stated that approving the elements and recommendations of the SMHP Relocation Plan individually is supported. On motion of Vice Mayor Quillin and second of Commissioner Palmer, it was moved to approve the following benefits package for seasonal and full-time residents of the Sarasota Mobile Home Park (SMHP) : Seasonal Residents: 1. Pay the amount required by State law; or 2. Purchase the mobile home for the actual value up to $5,000 for a single wide and $10,000 for a doublewide. Full-time Residents: 1. Pay the amount as required by State law; or 2. Pay the actual cost to move the mobile home, not to exceed $10,000 for a single-wide or $15,000 for a double wide mobile home; 3. Purchase mobile homes for the value as established by an independent appraiser; 4. Purchase replacement mobile homes for full-time residents up to $10,000. to include moving costs with owner transfer of mobile home, title to the City; 5. Permit City Manager or designee provide alternative benefits in rare situations in a total amount not exceeding $15,000. Motion carried unanimously (4 to 0) : Martin, yes; Palmer, yes; Quillin, yes; Mason, yes. On motion of Vice Mayor Quillin and second of Commissioner Palmer, it was moved to define a full-time resident as an individual who lives at least 6 months per year in the Sarasota Mobile Home Park (SMHP), is a legal resident of the United States, and is in compliance with the rules of the SMHP, and to define the term suitable alternative housing as the greater of either: 1) housing which costs no more than 30 percent of the resident's gross income as defined by the Federal Department of Housing and Urban Development (HUD), or 2) a mobile home site costing no more than $350 per month located within 20 miles of the SMHP. Motion carried unanimously (4 to 0): Martin, yes; Palmer, yes; Quillin, yes; Mason, yes. On motion of Vice Mayor Quillin and second of Commissioner Martin, it was moved to establish the official Closure date of the Sarasota Mobile Home Park as April 28, 2002. Motion carried unanimously (4 to 0): Martin, yes; Palmer, yesi Quillin, yes; Mason, yes. BOOK 50 Page 21898 09/17/01 6:00 P.M. BOOK 50 Page 21899 09/17/01 6:00 P.M. On motion of Vice Mayor Quillin and second of Commissioner Martin, it was moved to authorize Staff and the City Attorney to commence eviction proceedings in May 2002 for cases in which two or more alternative housing sites have been identified by Staff but not accepted by the residents and to require Staff to present the circumstances of residents for whom suitable alternative housing has not been identified to the Commission. Motion carried unanimously (4 to 0): Martin, yes; Palmer, yes; Quillin, yes; Mason, yes. Vice Mayor Quillin stated that the September 8, 2001, meeting with SMHP residents was attended; that she has been personally involved with SMHP residents while serving as a Commissioner; that the efforts of Staff to' relocate and treat SMHP residents fairly are appreciated; that the SMHP Relocation Plan is supported; that significant efforts should be exerted to locate suitable alternative housing for SMHP residents; that the SMHP is not currently a safe area and is significantly exposed to dangerous weather events; that other mobile home parks in Sarasota County sustained significant damage due to Tropical Storm Gabrielle; that SMHP residents are encouraged to contact her if any problems are experienced in finding suitable alternative housing or during relocations. On motion of Commissioner Palmer and second of Vice Mayor Quillin, it was moved to formally close the Sarasota Mobile Home Park in a manner consistent with State law. Motion carried unanimously (4 to 0): : Martin, yes; Palmer, yes; Quillin, yes; Mason, yes. Commissioner Palmer stated that she was a Commissioner at the time the decision was initially made to close the SMHP; that closing the SMHP has been a difficult process; that the City carefully considered the needs of the SMHP residents; that the efforts of Staff to treat SMHP residents fairly and humanely are appreciated; that restoring Payne Park to greenspace is eagerly anticipated. 15. UNFINISHED BUSINESS: ADOPTION RE: : SECOND READING OF PROPOSED ORDINANCE NO. 01-4330, PROVIDING THE TERMS AND CONDITIONS FOR THE ERECTING, CONSTRUCTING, MAINTAINING AND OPERATING OF FACILITIES IN, ON, ACROSS, ABOVE OR IN ANY MANNER WHATSOEVER USING THE CITY'S PUBLIC RIGHTS OF WAY; PROVIDING ASSURANCES THAT THE CITY'S PUBLIC RIGHTS OF WAY ARE USED IN THE PUBLIC INTEREST; PROVIDING FOR CONFORMANCE WITH APPLICABLE LAW; PROVIDING FOR MUNICIPAL OWNERSHIP OF A TBLECOMMINICATIONS SYSTEM; REPEALING ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR SEVERABILITY; ETC. (TITLE ONLY) ADOPTED (AGENDA ITEM VI-3) Tape #3 (2620) through (2930) CD 10:23 through 10:28 Commissioner Palmer asked if any significant changes are proposed to Ordinance No. 01-4330 since passage on first reading at the August 20, 2001, Regular Commission meeting? Michael Connolly, Attorney, City Attorney's Office, stated that significant changes have not been made; that the City retained Special Legal Counsel to review proposed Ordinance No. 01-4330 regarding the City's regulatory authority over occupants of the public rights-of-way in the City; that Comcast Cablevision of West Florida, Inc. (Comcast), and Verizon Wireless Services, LLC (Verizon) previously indicated concerns regarding a number of provisions of proposed Ordinance No. 01-4330; that the City's Special Legal Counsel reviewed the concerns of Comcast and Verizon extensively; that several minor changes are proposed; that proposed Ordinance No. 01-4330 will provide the City significant regulatory authority over the public rights-of-wayi; that the City Attorney's Office recommends adopting proposed Ordinance No. 01-4330 as revised; that the State recently adopted new regulations concerning local telecommunications services which will result in the inability of the City to regulate the activities of utilities companies in the public rights-of-way if proposed Ordinance No. 01-4330 or a similar regulation is not adopted prior to October 1, 2001. Commissioner Palmer asked if the City Eollowed proper procedures by delaying second reading of and proposing changes to proposed Ordinance No. 01-4330? Attorney Connolly stated that no changes are proposed to the title of proposed Ordinance No. 01-4330; therefore, State advertising requirements for municipal ordinances have not been violated; that no substantive changes are proposed to the general regulations of proposed Ordinance No. 01-4330, which is to establish City right-of-way regulations in response to the Communications Services Tax Simplification Law (Tax Simplification Act); that significant changes were not made to proposed Ordinance No. 01-4330. Vice Mayor Quillin stated that a representative of Verizon recently indicated support for the proposed changes to proposed BOOK 50 Page 21900 09/17/01 6:00 P.M. BOOK 50 Page 21901 09/17/01 6:00 P.M. Ordinance No. 01-4330; however, representatives of Comcast indicated the City's Special Legal Counsel did not contact Comcast to discuss the concernsi and asked if the City's Special Legal Counsel contacted Comcast to discuss the concerns regarding proposed Ordinance No. 01-4330? Attorney Connolly stated yes. Vice Mayor Quillin stated that Staff should ensure the concerns of Comcast were alleviated. Attorney Connolly concurred. City Auditor and Clerk Robinson read proposed Ordinance No. 01-4330 by title only. City Manager Sollenberger stated that the Administration recommends adopting proposed Ordinance No. 01-4330. On motion of Commissioner Palmer and second of Vice Mayor Quillin, it was moved to adopt proposed Ordinance No. 01-4330. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0).: Mason, yes; Palmer, yes; Quillin, yes; Martin, yes. 16. NEW BUSINESS: APPROVAL RE: MODIFICATION TO SENIOR FRIENDSHIP CENTER SITE PLAN AND CONDITIONAL USE RESOLUTION NO. 01R-1315 - APPROVED SENIOR FRIENDSHIP CENTER TO PROCESS AN APPLICATION TO MODIFY RESOLUTION NO.. 01R-1315 AND REFERRED THE ISSUE OF CONSTRUCTION OF SIDEWALKS IN LUKE WOOD PARK TO THE ADMINISTRATION (AGENDA ITEM VII-1) Tape #3 (2930) through (3550) CD 10:28 through 10:39 John Cook, Attorney, law firm of Dent and Cook, representing the Senior Friendship Centers, Inc. (SFC), and George Palermo, Architect, George Palermo Architects, Inc., came before the Commission. Attorney Cook referred to an August 27, 2001, letter included in the Agenda backup material to the City Manager concerning SFC's request to amend Site Plan Application No. 00-SP-30 and Conditional Use Application No. 00-CU-07 and stated that SFC is requesting the City's permission to file an application to modify Site Plan Application No. 00-SP-30 and Conditional Use Application No. 00-CU-07 as approved through Resolution No. 01R-1315 for property located at the southwest corner of U.S. 301 and Brother Geenan Way; that the request for modification is to add an entrance at the northeast corner of the parking lot on Brother Geenan Wayi that SFC presented the proposed changes to the Development Review Committee (DRC) for Staff's consideration; that the SFC is required to obtain the permission of the Commission to file an application to amend Site Plan Application No. 00-SP-30 and Conditional Use Application No. 00-CU-07; that the Commission represents the City as the property owner; that the City's permission only allows SFC to file the appropriate applications and is not approval of the proposed entrance. Commissioner Palmer stated that SFC's request is supported; however, a concern is the construction of the sidewalks in Luke Wood Park which was proffered by SFC as condition of approval of Resolution No. 01R-1315 and the expansion of the SFC leasehold; that the proposed entrance would significantly affect the construction of the pathway. Attorney Cook stated that the construction of the sidewalks will not be significantly affected but was not a condition of Resolution No. 01R-1315. Commissioner Palmer stated that SFC proffered the construction of sidewalks through Luke Wood Park as a condition of approval of Resolution No. 01R-1315. Attorney Cook disagreed and stated that SFC proffered a 100-foot setback of greenspace between the public right-of-way and the proposed SFC building and parking lot; that the 100-foot setback will be maintained; that the Commission only indicated the 100-foot setback of greenspace was the important concern. Vice Mayor Quillin stated that the Commission's primary concern was to maintain the 100-foot setback of greenspace as a condition of approval of Resolution No. 01R-1315; however, the 100-foot setback was not the only concern or condition for approval of Resolution No. 01R-1315; that the Commission also indicated approval of Resolution No. 01R-1315 was conditioned upon the construction of sidewalks in Luke Wood Park; that the understanding was SFC would construct the sidewalks as desired by the Commission; that the sidewalks were indicated in all previous site plans for the SFC project; that the City may be willing to maintain the sidewalks if granted for public use; that conditions for approval of Resolution No. 01R-1315 were required at the time SFC revised the site plan to locate the BOOK 50 Page 21902 09/17/01 6:00 P.M. BOOK 50 Page 21903 09/17/01 6:00 P.M. proposed building closer to the public right-of-way resulting in the removal of a large oak tree. Attorney Cook concurred and stated that the requirements of Resolution No. 01R-1315 are very strict. Vice Mayor Quillin stated that the requirements are strict but should be maintained as SFC facilities are located at Luke Wood Park. Attorney Cook stated that the intent is not to withdraw any SFC proffer as a condition to Resolution No. 01R-1315; that the sidewalks will be constructed if desired; however, a portion of Luke Wood Park in which the sidewalks would be constructed is not located within the SFC leasehold; that an amendment to SFC's lease agreement with the City may be required. Vice Mayor Quillin stated that an amendment to SFC's lease agreement with the City will not be required; that the construction of the sidewalks in Luke Wood Park was a condition of Resolution No. 01R-1315. Commissioner Palmer concurred. Attorney Cook stated that the desire is for the City to initiate the construction of the sidewalks; that SFC would be willing to make a significant financial contribution for the construction costs; that the request is to receive permission to file an application to construct an entrance to SFC from Brother Geenan Way; that the sidewalks could still be constructed if the requested entrance is also constructed. Commissioner Palmer stated that an amendment to SFC's lease agreement with the City is not required; that an amendment to Resolution No. 01R-1315 may be required to clarify SFC's proffer to construct the sidewalks; that SFC's request for permission to file an application is supported. Commissioner Martin asked if SFC is indicating only a portion of the constructions costs for the sidewalks would be funded? Attorney Cook stated yes; that Resolution No. 01R-1315 indicates SFC is not allowed to construct any further improvements in Luke Wood Park; that the City is required to initiate the construction of the sidewalks; that SFC will fund a portion of the construction costs. City Manager Sollenberger stated that the Commission is indicating a desire to ensure the sidewalks are constructed in Luke Wood Park at SFC's expensei that the issue of the sidewalks should be referred to the Administration for negotiation with SFC; that any further action will be presented to the Commission for approval. Vice Mayor Quillin stated that SFC's lease agreement and the SFC leasehold should not be changed. City Manager Sollenberger concurred and stated that developers are frequently required to fund improvements for public use; that SFC's leasehold will not be expanded; that the sidewalks should be constructed as desired by the Commission. On motion of Commissioner Palmer and second of Commissioner Martin, it was moved to allow Senior Friendship Centers, Inc. (SFC), to process an application to modify Resolution No. 01R-1315 and to refer the issue of the construction of sidewalks in Luke Wood Park to the Administration. Motion carried unanimously (4 to 0): Martin, yes; Palmer, yes; Quillin, yes; Mason, yes. 17. NEW BUSINESS: APPROVAL RE: AUTHORIZE THE ADMINISTRATION TO ENTER INTO PRELIMINARY DISCUSSIONS WITH MARINA JACK ON THE MANAGEMENT AND OPERATION FOR ANCHORAGE AND TO CONTACT THE APPROPRIATE AGENCY OF THE STATE OF FLORIDA TO DISCUSS THE PROPOSAL - AUTHORIZED THE ADMINISTRATION TO ENTER INTO PRELIMINARY DISCUSSIONS WITH MARINA JACK CONCERNING THE MANAGEMENT AND OPERATION FOR ANCHORAGE AND TO CONTACT THE APPROPRIATE STATE AGENCY TO DISCUSS A MANAGEMENT PROPOSAL (AGENDA ITEM VII-2) Tape #3 (3550) through #4 (1275) CD 10:39 through 11:19 V. Peter Schneider, Deputy City Manager, came before the Commission, referred to an August 27, 2001, letter from Robert Soran, General Manager, Marina Jack, included in the Agenda backup material expressing interest in managing a mooring area in Sarasota Bay, and stated that the regulation and management of a mooring area at the Bayfront has been a concern of the City for many years; that the anchorage located at the - Bayfront is currently unregulated; that the costs to establish and manage a mooring area at the Bayfront were previously estimated as very. high and prevented the City from proceeding; that the City would BOOK 50 Page 21904 09/17/01 6:00 P.M. BOOK 50 Page 21905 09/17/01 6:00 P.M. also have been required to construct a number of capital improvements at Bayfront Park to manage the mooring area; that the capital improvements would probably obstruct the views of Sarasota Bay from Bayfront Park; that Marina Jack recently indicated an interest in managing a mooring area at the Bayfront; that the recommendation is to authorize the Administration to proceed with preliminary discussions with Marina Jack and thè State concerning the establishment and management of a mooring area at the Bayfront; that. the amenities required for a mooring area were examined in other municipalities in the State; that the City would be required to provide storage, laundry facilities, restroom and shower facilities, and post office boxes; that potential operating costs would include staffing; that certain municipalities were able to offset the costs by allowing a marina or private dock to manage the mooring area; that Marina Jack already provides the required facilities and is willing to manage a mooring area for the City. Commissioner Martin asked if the mooring area would be operated for profit by Marina Jack? Mr. Schneider stated no; that the State does not allow municipalities to operate a mooring area for profit and has indicated the mooring area should provide affordable anchorage to boaters; that municipalities are prohibited from earning a profit from the mooring area; that the intent is to provide affordable anchorage to boaters. Commissioner Martin asked if Marina Jack understands the mooring area cannot be operated at a profit? Mr. Schneider stated yes. Vice Mayor Quillin stated that other concerns must be resolved prior to entering a discussion with Marina Jack to manage the mooring area; that O'Leary's Coastal Rentals, Inc. (O'Leary's), may be interested in managing the mooring area; that shower facilities and other amenities are not required for a mooring area; that many boaters only desire a temporary mooring area and do not require such facilities; that the mooring area facilities should not be similar to Marina Jack; that a boat dock is not required; that O'Leary's could manage the mooring area successfully and should be encouraged to provide service at Bayfront Park as long as possible. Mr. Schneider stated that O'Leary's, could potentially manage a mooring area; however, the concern is O'Leary's could not currently provide the required onshore facilities to boaters. Vice Mayor Quillin stated that onshore facilities are not required to manage a mooring area. Mr. Schneider stated that is not correct; that the State requires municipalities provide onshore facilities; that the City would be required to construct an additional structure at Bayfront Park to provide the required facilities; however, Marina Jack already possesses the required facilities and indicated a willingness to allow anchored boaters use of the facilities; that no additional construction would be required if Marina Jack manages the mooring area. The following people came before the Commission: Donald Chaney, (34236), stated that Marina Jack should not automatically be allowed to manage a potential mooring area without receiving proposals from other local businesses; that O'Leary's could manage a mooring area; that public restrooms are already located near O'Leary's which could be remodeled to provide any other required facilities; that the majority of boaters desiring use of a mooring area could not afford the expensive fees which Marina Jack will probably charge; that a friend currently utilizes an anchorage at the Bayfront; is a disabled American veteran with a small income, and could not afford to pay $100 per month for an anchorage; that the current mooring area should be regulated by the City; that a number of derelict boats are anchored in the current mooring area, are not aesthetically pleasing, and should be removed; that $10 or $15 per month would be an affordable expense; that approximately 70 boats are anchored in the Bayfront mooring area; that charging each boater $100 per month for an anchorage would result in $7,000 of revenue each month which is significant; that Marina Jaçk cannot be trusted to ensure the mooring area is not operated for profit; that only the City should manage the mooring area; that the construction of additional docks at the Bayfront should be prohibited; that further development on the Bayfront should not be allowed. John Strickland, 46 North Washington Boulevard (34231), representing Jack Graham, Inc., stated that Marina Jack is interested in initiating preliminary discussions concerning the management and operation of a mooring area at the Bayfront; that managing a mooring area involves many complex issues; that a BOOK 50 Page 21906 09/17/01 6:00 P.M. BOOK 50 Page 21907 09/17/01 6:00 P.M. significant number of onshore facilities and amenities are required to operate a mooring area; that the City previously examined the potential to manage a mooring area in 1998 but decided not to proceed due to the significant estimated operating costs; that the State does not allow the operation of mooring areas for profit; that operating a mooring area for profit requires a State Marina Lease, which typically costs several hundreds of thousands of dollars; that the primary concern is providing adequate liability insurance; that in 1998, the cost to provide liability insurance for 149 moorings was estimated at $249,000 annually; that Marina Jack is interested in entering into preliminary discussions with the City. - Phil Dasher, 926 Boulevard of the Arts (34236), President, Bayfront Condominium Association, and Chairman, Sarasota County Bicycle - Pedestrian Committee, stated that providing a mooring area involves many complex issues; that Bayfront Park is a wonderful, aesthetically pleasing area; however, a significant number of transient individuals inhabit Bayfront Park at night; that transients begin to arrive at Bayfront Park at approximately 6:30 p.m. each evening and frequently do not leave until 10:00 a.m. the next morning; that many citizens are afraid to visit Bayrront Park if the transients are present; that the Sarasota Police Department (SPD) determined a significant number of the transients have criminal history records, abuse drugs, or have a mental illness; that a number of the transients inhabit the derelict boats anchored at the Bayfront; that extensive boating experience is personally held; that the City should actively regulate the current mooring area at the Bayfront; that the public safety must be protected; that many harbors in the Northeast do not provide any onshore facilities or amenities; that the State does not require onshore facilities; that many harbors construct a matrix of anchorages to establish a mooring area; that the anchorages are numbered; that boaters are charged to utilize an anchorage; that boaters are not required to utilize the provided anchorage equipment if an appropriate personal anchor can be utilized; and asked if further time could be provided to speak to the Commission? Mayor Mason stated that hearing no objections, the consensus of the Commission is to allow Mr. Dasher additional time to speak. Mr. Dasher stated that the municipality is responsible for placing the appropriate anchorage equipment to allow safe distances between moored boats; that the municipality must ensure boats do not collide with one another; that the City has a scarcity of moorings and dock space; that many boats have broken free of the anchorages provided at the current unregulated mooring area; that as a result, many people are afraid to anchor at the mooring area for fear of collision with another boat; that many of the boats are in poor physical condition; that one boat has been underwater for more than three weeks; that another boat has a broken mast, which is a hazard for neighboring boats; that some boaters are discharging waste into Sarasota Bay; that SPD should enforce the applicable City, State, and Federal boating regulations in the City; that many boats do not have the required waste holding tanks; that the City does not have an ordinance which comprehensively regulates boating; that the SPD Marine Patrol should be provided increased authority to enforce the applicable City, State, and Federal boating regulations; that the City should develop an ordinance to regulate boating comprehensively. Mr. Dasher continued that the State is not actively enforcing State regulations concerning boating and noise disturbances in Sarasota Bayi that a boat producing sound levels greater than 90 decibels at a distance of 50 feet or less is illegal and should be cited; that many boats exceed the State noise requirements; that a public facility should not be managed by a private organization; that Marina Jack does not possess sufficient enforcement authority to regulate boating and anchorage at the Bayfront; that the City has already granted authority to manage the Bayfront docks to Marina Jack; that Marina Jack's control of municipal facilities should not be expanded; that the City should determine the desired use of the mooring area prior to entering discussions with Marina Jack; that boaters should not be allowed to anchor at the Bayfront indefinitely without charge; that many municipalities provide temporary. anchorage free of charge; however, boaters should not be allowed to remain indefinitely without charge. Ernest Babb, 1886 Bahia Vista (34239), stated that the City is not actively enforcing ordinances; that many ordinances are developed to resolve a particular problem but are not enforced after time passes; that Section 10-20 et seq-, Sarasota City Code (1986 as amended), currently regulates the mooring of boats in the City but does not assign enforcement authority to a particular City department; that every City ordinance should specifically assign enforcement authority to a City department or Staff; that the City's ordinances regulating vehicular traffic assign enforcement authority to the Sarasota Police Department; however, the City's ordinances pertaining to boating do not assign enforcement authority to a City department; that Staff does not actively enforce City's ordinances for which an enforcement responsibility BOOK 50 Page 21908 09/17/01 6:00 P.M. BOOK 50 Page 21909 09/17/01 6:00 P.M. is not held; that the Section 10-28, City Code, regulates the launching of boats from public property; that the public can only launch a boat from the Tenth Street boat ramps at Centennial Park or Ken Thompson Park; that a public launching facility is not offered at the Bayfront; that boaters launch small boats or dinghies from Bayfront Park to transit between the shore and anchored boats; that the appropriate administrative procedures must be developed at the time an ordinance is adopted to ensure enforcement occurs; that boaters are required to utilize a holding tank to store waste; therefore, facilities should be provided at which boaters can dump the contents of the holding tank; that otherwise, boaters will continue to dump waste in Sarasota Bay; that the City could establish an administrative procedure to monitor the status of the holding tanks of anchored boats; that the City should be responsible for regulating boats currently anchored at the Bayfront prior to allowing a private organization to manage the mooring area. Vice Mayor Quillin asked if a designated public launching facility is provided in the City? Mr. Babb stated no; that a designated public launching facility in the City is not indicated in any of the City's codes; that the Section 10-28, City Code, indicates boats must be launched from a dèsignated public launching facility which does not exist. City Manager Sollenberger asked if boats are being launched from O'Leary's? Mr. Babb stated yes; that boaters are launching small boats and dinghies at Bayfront Park near O'Leary's. City Manager Sollenberger stated that a boater is not considered to launch a boat if only a small boat or dinghy is utilized to transit to a boat properly anchored at the Bayfront; that the concern is the launching of larger boats or jetskis. Mr. Babb stated that many of the small boats and dinghies are not aesthetically pleasing and detract from the public view at Bayfront Park; that the City should provide a common launching place for the small boats and dinghies sO the aesthetics of Bayfront Park are not diminished. City Manager Sollenberger stated that the concern is managing a problem through regulatory enforcement; that SPD is not properly equipped to manage the mooring area at the Bayfront; that SPD Officers are not allowed to enter a boat unless the. permission of the boat's owner is obtained; that a discussion concerning the enforcement of City regulations regarding the anchorage at the Bayfront could occur at a future meeting after the Administration has prepared a report; that managing the mooring area at the Bayfront is a separate issue; that the City does not currently possess the resources to manage the mooring area; that SPD can only enforce the City's regulations. Vice Mayor Quillin stated that the City's ordinances concerning mooring and boating should be examined prior to allowing the Administration to discuss the management of the Bayfront mooring area with Marina Jack or the State; that the SPD Marine Patrol has significant resources. to enforce the City's ordinances; that O'Leary's could manage the mooring area; which is located near Bayfront Park; that small boats or dinghies are utilized to transit between the anchored boats and the shore and trequently accumulate near O'Leary's; that onshore facilities are not currently provided for anchored boats; that the number of anchored boats in Sarasota Bay should be limited; that the applicable State regulations and requirements should also be reviewed prior to approving discussions with Marina Jack and the State. City Manager Sollenberger stated that Staff previously contacted O'Leary's to determine interest in managing the mooring area; that O'Leary's indicated no desire to manage the mooring area. Commissioner Palmer concurred and stated that O'Leary's was approached several times previously to determine interest in managing the mooring area but declined repeatedly; that the number of derelict boats and transient individuals at the Bayfront is untenable and should be resolved immediately; that Marina Jack would not own but only manage the mooring area under the supervision of the City; that allowing the Administration to negotiate a management contract with Marina Jack is supported; however, the Administration is. only requesting permission to enter into preliminary discussions with Marina Jack and the State; that the Administration's request is supported. Mr. Schneider stated that the City will not relinquish control of the mooring area to Marina Jack; that the management agreement for the mooring area will be contracted between the City and the State; that the City would enter into a separate management contract with Marina Jack according to the rules and regulations established in the City's management agreement with the State; BOOK 50 Page 21910 09/17/01 6:00 P.M. BOOK 50 Page 21911 09/17/01 6:00 P.M. that the City. will maintain ultimate control over the management of the mooring area. Vice Mayor Quillin stated that further documentation and public input should be provided prior to allowing the Administration to enter into preliminary discussions with Marina Jack or the State; that the City recently received a number of complaints concerning the services provided by Marina Jack; that the concerns should be examined by Staff; that O'Leary's may be interested in managing the mooring area due to the recent improvements to Bayfront Park; that further documentation and evidence is required prior to allowing the Administration to enter into preliminary discussions with Marina Jack and the State; that the City should proceed with improving the existing mooring area by enforcing the applicable regulations. Mayor Mason stated that the Administration's recommendation is to authorize only preliminary discussions with Marina Jack and the State and not the negotiation of an agreement; that sufficient time will be available to examine the requested documentation prior to developing and approving a formal management agreement. Vice Mayor Quillin stated that the Commission should provide input and direction to the Administration prior to authorizing even preliminary discussions; that the requested documentation should be provided and reviewed prior to approving the requested preliminary discussions with Marina Jack and the State. Mayor Mason stated that the Administration is not requesting the Commission authorize the negotiation of an agreement; that allowing the Administration to contact the appropriate State agencies to obtain an understanding of the requirements to manage a mooring area is supported; that the Administration should be allowed to enter into preliminary discussions with Marina Jack. On motion of Commissioner Martin and second of Commissioner Palmer, it was moved to authorize the Administration to enter into preliminary discussions with Marina Jack concerning the management and operation for anchorage and to contact the appropriate State agency to discuss a management proposal. Commissioner Martin stated that Marina Jack has the facilities required by the State for a mooring area at the Bayfront; that adequate onshore facilities should be provided for the mooring area; that increased management and oversight of the mooring area are required; that Marina Jack has indicated a willingness to manage the mooring area at cost and not for profit; that the Administration should be allowed to enter into preliminary discussions with Marina Jack; that a primary concern is maintaining affordable anchorage. Commissioner Palmer concurred and stated that Marina Jack would not own the mooring area if a management agreement is developed; that the City has experienced a signifiçant number of problems with the mooring area; that the Administration should be allowed to discuss the management of the mooring area with Marina Jack; that the Commission's approval will be required to execute a management agreement; that the Commission can debate the merits of a management agreement after the agreement is developed; that the applicable City and State regulations should be provided to the Commission for review; that allowing the Administration to enter into preliminary discussions with Marina Jack and the State does not constitute approval to negotiate and execute a formal management agreement. Vice Mayor Quillin stated that the motion is not supported; that preliminary discussions have previously become an executed contract without the Commission's approval; that preliminary discussions will not be pèrsonally authorized until the appropriate City and State regulations have been reviewed; that the Commission should examine all potential alternatives prior to approving preliminary discussions with a particular organization to manage the mooring area; that the Commission should review the applicable City and State regulations to establish criteria upon which the Administration could base discussions and negotiations; that the City should also determine if long-term or short-term anchorage is desired; that anrual moorings could be allowed but are not desired; that the mooring area could be relocated to another area in Sarasota Bay. Mayor Mason asked if the Administration could provide a separate report concerning Section 10-20 et seq., City Code, as part of a report concerning the preliminary discussions with the State and Marina Jack? City Manager Sollenberger stated yes. Vice Mayor Quillin stated that a report concerning Section 10-20 et seq. City Code, should be provided as soon as possible. City Manager Sollenberger stated that a report concerning Section 10-20, et seg., City Code, will be provided as soon as possible. BOOK 50 Page 21912 09/17/01 6:00 P.M. BOOK 50 Page 21913 09/17/01 6:00 P.M. Mayor Mason called for a vote on the motion to authorize the Administration to enter into preliminary discussions with Marina Jack concerning the management and operation for anchorage and to contact the appropriate State agency to discuss a management proposal. Motion carried (3 to 1): Martin, yes; Palmer, yes; Quillin, no; Mason, yes. 18. BOARD APPOINTMENTS: : APPOINTMENT RE: PARKS, RECREATION, AND ENVIRONMENTAL PROTECTION ADVISORY BOARD APPOINTED KATHERINE KELLY (AGENDA ITEM VIII-1) Tape #4 (1275) through (1500) CD 11:19 through 11:26 City Auditor and Clerk Robinson stated that a vacancy exists on the Parks, Recreation, and Environmental Protection Advisory Board (PREPAB); that Richard Ratner, Charles Senf, Wendy Cudzilo, and Katherine Kelly have expressed an interest in appointment to and filed an application for the PREPAB. Vice Mayor Quillin nominated Katherine Kelly for appointment and stated that the City's advisory boards should have representatives from each electoral district; that not all City advisory boards are representative; that Ms. Kelly lives in District 1, which is not well represented on the City's advisory boards; that the City is currently constructing a significant number of capital and aesthetic improvements in District 1; that the residents of District 1 should serve on the City's advisory boards to provide input on current and future improvements to the Cityi that Ms. Kelly has been a City resident for many years and has positively contributed to the community on several occasions including the renovation of a former drug house; that Ms. Kelly would represent District 1 and the City well on the PREPAB. Commissioner Martin stated that the nomination of Ms. Kelly is supported; that Ms. Cudzilo would also serve the City well on the PREPAB; that Mr. Ratner. was personally encouraged to apply for service on a City advisory board; that Ms. Kelly is an ideal candidate for the PREPAB; that the City's advisory boards should be representative of the City's electoral districts; that District 1 is not well represented on the City's advisory boards; that Ms. Kelly is a master gardener and possesses an excellent knowledge of the Florida Yards and Neighborhoods Program and native flora. Commissioner Palmer stated that the intent was to nominate Ms. Cudzilo; however, Ms. Kelly would serve the City well on the PREPAB; that the concern is incorporating younger citizens into the City's advisory boards; that Ms. Cudzilo is a. talented young lady who is very active with the Leadership Sarasota Program sponsored by the Greater Sarasota Chamber of Commerce; that Ms. Cudzilo was personally encouraged to apply for membership on a City advisory board; that the City should encourage. younger citizens to serve on the City's advisory boards. Vice Mayor Quillin stated that two seats will be vacant on the PREPAB during November 2001; that the current applicants should be encouraged to reapply; that many vacancies on the City's advisory boards occur annually during November; that a report should be provided to the Commission concerning the vacancies which will occur during November 2001. Mayor Mason called for the vote on the nomination. Ms. Kelly received 4 votes: Martin, yes; Palmer, yes; Quillin, yes; Mason, yes. Mayor Mason announced the appointment of Katherine Kelly to the Parks, Recreation, and Environmental Protection Advisory Board. Commissioner Martin stated that applicants who are not appointed to a City advisory board should receive a letter of appreciation for applying. City Auditor and Clerk Robinson stated that a letter of appreciation is sent to each applicant who is not appointed to a City advisory board. Commissioner Martin stated that applicants should also be. notified of future vacancies on City advisory boards for which the applicant may be eligible; that finding suitable applicants for the City's advisory boards is difficult; that the applicants for appointment to the PREPAB are of an excellent quality and should be encouraged to reapply for other City advisory boards. Commissioner Palmer concurred. 19. BOARD APPOINTMENTS: APPOINTMENT RE: METROPOLITAN PLANNING ORGANIZATION CITIZENS 1 ADVISORY COMMITTEE REAPPOINTED JOHN TERAN AND TOLLYN TWITCHELL (AGENDA ITEM VIII-2) Tape #4 (1500) through (1565) ÇD 11:25 through 11:26 BOOK 50 Page 21914 09/17/01 6:00 P.M. BOOK 50 Page 21915 09/17/01 6:00 P.M. City Auditor and Clerk Robinson stated that the terms of John Teran and Tollyn Twitchell expired in May 2001; that Messrs. Teran and Twitchell are eligible for and interested in reappointment. On motion of Commissioner Palmer and second of Vice Mayor Quillin, it was moved to reappoint John Teran and Tollyn Twitchell to. the Metropolitan Planning Organization Citizens' Advisory Committee. Motion carried unanimously (4 to 0) : Martin, yes; Palmer, yes; Quillin, yes; Mason, yes. Mayor Mason announced the reappointment of John Teran and Tollyn Twitchell to the Metropolitan Planning Organization Citizens' Advisory Committee. On motion of Vice Mayor Quillin and second of Commissioner Palmer, it was moved to extend the current meeting beyond the 11:30 p.m. deadline to complete the Agenda. Motion carried unanimously (4 to 0) : Martin, yes; Palmer, yes; Quillin, yes; Mason, yes. 20. COMMISSION BOARD AND COMMITTEE REPORTS (AGENDA ITEM IX) Tape #4 (1565) through (1595) CD 11:26 through 11:27 Commissioner Palmer stated that attendance at the September 20, 2001, meeting of the Tourist Development Council (TDC) is not possible; that Commissioner Martin serves as the alternate for the TDC and should attend if possible. Commissioner Martin stated that the next meeting of the TDC will be attended as the alternate for Commissioner Palmer. 21. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA DIRECTED THE ADMINISTRATION AND CITY ATTORNEY TO PREPARE A REPORT CONCERNING THE CITY' S CAR LEASE AGREEMENT WITH GETTEL TOYOTA FOR PRESENTATION AT THE OCTOBER 1, 2001, REGULAR COMMISSION MEETING; AND DIRECTED THE ADMINISTRATION TO PLANT A TREE AT CITY HALL IN HONOR OF FORMER COMMISSIONER DELORES DRY (AGENDA ITEM X) Tape #4 (1595) through (3010) CD 11:27 through 11:58 COMMISSIONER MARTIN: A. stated that the Commission approved the closure of the Sarasota Mobile Home Park at the current meeting; that the City should proceed to develop a conceptual plan for the' restoration of Payne Park; that in particular, a conceptual plan for a skateboard park should be developed as soon as possible; that a skateboard park is required for the children of the City; that former Commissioner and Mayor Albert Hogle will be requested to continue fund-raising efforts for a skateboard park; that designing a skateboard park may not be possible without an overall conceptual plan for Payne Park; that the City should fund the required costs for the skateboard park if necessary; that restoring Payne Park should. proceed as quickly as possible. Vice Mayor Quillin stated that a Commission Workshop is scheduled for September 28, 2001, to discuss a master plan for the City's parks; that Andres Duany, Principal, FAIA, Duany Plater-Zyberk & Company, (DPZ)., recently indicated a skateboard park should not be constructed in Payne Park, which should remain a passive recreational park as proposed in the City of Sarasota, Downtown Master Plan 2020 (Downtown Master Plan 2020); that a skateboard park is desperately required for the City's children; that the City could prefund or fund the construction of a skateboard park, which could be finished prior to January 2002 if desired by the Commission; that alternate locations for a skateboard park should be examined. Commissioner Martin stated that the Administration should prepare a report concerning the restoration of Payne Park and the construction of a skateboard park. B. stated that Devin Rutkowski, a former member of the Planning Board/Local Planning Agency (PBLP), was recently cleared of any ethics violations by the State Commission on Ethics (COE) ; that the City should proceed with selling the property to Mr. Rutkowski as soon as possible. City Manager Sollenberger stated that the sale of the City property was referred to Staff for a report; that the value of the property was re-appraised during January 2001; that Staff should negotiate the sale of the property to Mr. Rutkowski at the current value; that a report will be presented to the Commission during October 2001. BOOK 50 Page 21916 09/17/01 6:00 P.M. BOOK 50 Page 21917 09/17/01 6:00 P.M. C. stated that a personal opinion of the car rental agreement between the Van Wezel Performing Arts Hall (VWPAH) and Gettel Toyota was recently reported by the local media but was not reported in the proper context; that an apology is offered to John Wilkes, Executive Director of the VWPAH, if the comments appeared too critical; that the car lease agreement was not an improper action; that the only concern was ensuring a positive public perception of the VWPAH; that the City must ensure the public does not perceive any improper actions are taken by VWPAH Staff. Mayor Mason stated that the concern was the public perception of the actions of City Staff; however, after discussing the matter with the Administration and the City Attorney, the concerns were alleviated; that the City should develop an administrative regulation concerning car lease agreements for Staff; that the public must not perceive the VWPAH negatively; that the Bobby Jones Golf Complex and Ed Smith Stadium may receive similar corporate sponsorships; that the City should ensure all corporate sponsorships are appropriate. Commissioner Palmer stated that the City Attorney and the Administration recommended a change to Mr. Wilkes employment agreement; and asked for clarification of the proposed change. City Manager Sollenberger stated that the Administration and the City Attorney met with Mr. Wilkes to discuss a change to his employment agreement on September 13, 2001; that the car lease agreement with Gettel Toyota will be restructured to comply with the City's policies concerning use of public vehicles; that Gettel Toyota will provide a car as a corporate sponsorship for the VWPAH. to Mr. Wilkes for business and limited personal use; that the City will provide the insurance and gasoline for the cari that the car lease agreement will be a similar arrangement to providing a City- owned vehicle except Gettel Toyota will also provide for the maintenance of the vehicle. Commissioner Palmer asked if use of the car will be limited to business use only? City Manager Sollenberger stated that some limited personal use will be allowed due to the responsibilities of the Executive Director of the VWPAH; that Mr. Wilkes is frequently required to work long hours at differing times during each day due to scheduled performances; that an example of an allowed personal use would be driving to a doctor's appointment; that additional gasoline would be consumed and further mileage added if Mr. Wilkes were required to drive home to pick up his personal vehicle; that other City Staff are allowed similar usage of public vehicles. Vice Mayor Quillin referred to the September 17, 2001, memorandum from City Attorney Taylor concerning the car lease agreement between the City and Gettel Toyota and stated that Mr. Wilkes has taken positive steps to restore the public's confidence in the VWPAH; however, the proposed car lease agreement is considered personally disappointing; that the, situation was handled poorly; that significant personal experience is held in marketing and advertising; that proposing a similar car lease agreement would have resulted in being terminated as an employee; that the proposed car lease agreement is not satistactory and was discussed with Mr. Wilkes, the Administration, and the City Attorney prior to the current meeting; that the proposed car lease agreement was not revised as indicated in meetings with the Administration and the City Attorney; that the primary responsibility as a Commissioner is to represent District 3 citizens; that a personal pledge during the campaign was to ensure the City was fiscally responsible; that the proposed car lease agreement is not fiscally responsible; that Staff is allowed to utilize public vehicles for personal use too frequently; that the administrative regulations governing car use are inappropriate and outdated. Vice Mayor Quillin continued that personal confidence is not held in the current Administration; that many City administrative regulations have not been updated routinely and are not enforced by the Administration; that a personal recommendation would be to place City Manager Sollenberger on administrative leave indefinitely if not retiring soon; that the City is currently not well managed; that other Commissioners are not willing to criticize the Administration; however, poor management of the City will not be personally allowed; that the Administration is not fiscally responsible and has executed too many inappropriate agreements on behalf of the City; that City department heads have executed contracts without the approval or knowledge of the Administration; that management of Staff is currently poor; that the performance of the City Attorney is also disappointing; that the poor management practices of the Administration were known to the City Attorney but were not reported to the Commission; that the City Attorney is responsible as a Charter Official to report any concerns to the Commission. BOOK 50 Page 21918 09/17/01 6:00 P.M. BOOK 50 Page 21919 09/17/01 6:00 P.M. Vice Mayor Quillin further stated that the car lease agreement should have been presented to the Commission for initial approval; that a value for the services provided the VWPAH by Gettel Toyota and to Gettel Toyota by VWPAH should have been estimated and included in the proposed car lease agreement; that a value for the provided services must be estimated if the City is to provide insurance for the vehicle; that the concern is the current vehicle provided to Mr. Wilkes by Gettel Toyota is registered to Gettel Toyota and not the City; that determining the liable party for the vehicle is difficult; that the actions of the Administration provide a negative example for Staff; that the City should not provide special benefits to any individual; that the proposed car lease agreement could have been utilized to promote public interest in supporting the VWPAH but is now considered a public fiasco; that the actions of the Administration and City Attorney are personally upsetting. Commissioner Palmer asked if the car lease agreement has been revised? City Attorney Taylor stated yes; that the Administration distributed a September 17, 2001, memorandum concerning the proposed car lease agreement to Commissioners which indicated the Administration had requested the City Attorney's Office to restructure the car lease agreement with Gettel Toyota; that the initial car lease agreement was not supported and required significant revision; that the initial car lease agreement was reviewed immediately prior to the terrorist attacks in New York, New York, and Washington, D.C.; that the Administration also requested revisions to Mr. Wilkes' employment agreement on the evening of September 13, 2001; that City offices were closed on September 14, 2001, due to Tropical Storm Gabrielle; that Mr. Wilkes' employment agreement will be revised as desired by Vice Mayor Quillin. City Attorney Taylor continued that the September 17, 2001, memorandum from the City Attorney's Office to Commissioners concerning the proposed car lease agreement and the revision of Mr. Wilkes' employment agreement indicated a number of concerns regarding the proposed car lease agreement and the recommended potential revisions; that the administrative regulations concerning City car usage by Staff should be revised; that the desire is not to allow similar situations to occur in the future; that the direction and input of the Commission is required to revise the proposed car lease agreement and applicable administrative regulations; that exchanging public services for corporate sponsorships is appropriate in certain circumstances; however, the concern with the car lease agreement is the City's provision of liability insurance for the vehicle provided by Gettel Toyota; that Mr. Wilkes will be utilizing the vehicle for business and limited personal use; that the business relationship between the City and Gettel Toyota resulting from the proposed car lease agreement is complex and involves significant liability issues; that the registration of the vehicle is a legal issue of particular concern which requires immediate resolution; that sufficient time has not been allowed to remedy all concerns prior to the current meeting; that a revised car lease agreement will be presented to the Commission at the October 1, 2001, Regular Commission meeting; that input is required from all Commissioners prior to producing a final car lease agreement; that administrative regulations must also be developed to ensure a complication does not occur in the future. Commissioner Palmer stated that the September 17, 2001, memoranda from the Administration and the City Attorney's Office to the Commission concerning the proposed car lease agreement were not received or reviewed prior to the current meeting; that additional time should be afforded to the City Attorney's Office and the Administration to prepare revisions to the car lease agreement; and asked if the revise car lease agreement could be presented at the October 1, 2001, Regular Commission meeting? City Attorney Taylor stated yes. Commissioner Palmer stated that any additional information or documentation concerning the car lease agreement should be provided to facilitate a decision of the Commission concerning the appropriate revisions to the applicable administrative regulations. Mayor Mason concurred and stated that the car lease agreement was discussed with the City Attorney; that personal concerns for the proposed car lease agreement were discussed with the City Attorney and were alleviated. Vice Mayor Quillin stated Michael McNees will assume duties as the City Manager at the October 1, 2001, Regular Commission meeting and should be informed of the proposed car lease agreement and the required revisions to the administrative regulations. BOOK 50 Page 21920 09/17/01 6:00 P.M. BOOK 50 Page 21921 09/17/01 6:00 P.M. COMMISSIONER PALMER: : A. stated that a Commission Workshop is scheduled for 2 p.m., September 18, 2001, to discuss the design of the John Ringling Causeway Replacement Bridge. B. stated that apologies are offered to the Coalition of City Neighborhoods Associations (CCNA); ; that during consideration of proposed Ordinance No. 01-4355, individuals were criticized for making malicious and hurtful statements to Commissioners; that the statements were not made by the CCNA. C. stated that the efforts of Kafi Benz, Mary Anne Servian, and George Peter Ryan to develop a task force to examine proposed Ordinance No. 01-4355 and to unite the community are appreciated; that the task force is encouraged to produce recommendations which are supported by the entire community. D. stated that during consideration of proposed Ordinance No. 01-4355, the Commission decided to delay further consideration until the December 17, 2001, Regular Commission meeting; that the intent of the decision was not to allow further public input or changes to proposed Ordinance No. 01-4355; that the intent of the decision is to allow a task force to recommend a new ordinance to replace proposed Ordinance No. 01-4355 or to adopt proposed Ordinance No. 01-4355 on second reading if the recommendations of the task force are not sufficient; that a new ordinance would completely replace proposed Ordinance No. 01-4355 and would be submitted to the entire development review process including review by the Development Review Committee (DRC), Planning Department Staff, the PLBP, and the Commission; that intent is not to allow any changes to proposed Ordinance No. 01-4355; that additional public input has not been and will not be allowed during the second reading of proposed Ordinance No. 01-4355. E. stated that many difficult and complex issues were addressed at the current meeting; that the contributions of citizens at the current meeting are appreciated; that in light of tragedies which occurred on September 11, 2001, unity is needed in the local and as well as the national community; that the efforts of Commissioners and the Administration to cooperate are appreciated. F. stated that the dedication and many years of service to the City by City Manager Sollenberger are greatly appreciated; that City Manager Sollenberger has served the City with excellence and pride as City Manager for 14 years; that the City Manager's actions have been supported and also challenged at times; however, City Manager Sollenberger has always exhibited honor and integrity and has made many significant contributions to the community and the City; that the service of City Manager Sollenberger is appreciated. City Manager Sollenberger stated that Commissioner Palmer's kind words are appreciated. VICE MAYOR QUILLIN: : A. stated that the 2001 Florida Neighborhoods Conference was well attended by City residents; that the majority of funds from the Neighborhood Grant Program should be utilized to send City neighborhood residents to important neighborhoods conferences; that important neighborhood and community issues are discussed and debated at neighborhoods conferences;. that City neighborhood residents who attended the 2000 and 2001 Florida Neighborhoods Conferences indicated important issues had been addressed; that attendance at neighborhoods conferences promotes interest in preserving a resident's neighborhood. B. stated that the County is currently updating the Emergency Management System; that County Commissioner Jon Thaxton recenty indicated the City and County had lost a significant number of trees due to Tropical Storm Gabrielle; that the trees were probably lost due to the significant amount a rainfall which occurred and saturated the ground; that particular species of trees were more affected than others; that an example is a large Silk Oak tree which was lost near her home; that many non-native trees were lost; that the City's Tree Ordinance should be revised to recommend the planting of trees which will withstand significant damage from tropical storms and hurricanes; that Florida Power and Light (FPL) will air a program entitled "Managing Ecosystems" concerning the planting of trees repeatedly on AccessSarasota, Channel 19, in the BOOK 50 Page 21922 09/17/01 6:00 P.M. BOOK 50 Page 21923 09/17/01 6:00 P.M. future; that the City lost many of the trees which were planted as part of the goal to plant 2000 trees to commemorate the new millennium. Commissioner Palmer stated that County Commissioner Nora Patterson also recently indicated concern for many of the trees the City recently planted on Orange and Osprey Avenues; that County Commissioner Patterson specifically indicated many of the newly planted trees on Orange and Osprey Avenues had died; that the majority of the trees were crape myrtle; that the Administration should contact County Commissioner Patterson to learn exactly which trees died; that any dead trees should be replaced with more appropriate trees. C. stated that former Commissioner Delores Dry passed away in 1995 whilé serving in office;. that immediately following Commissioner Dry's passing, the Commission and the public pledged to plant a tree in her honor; however, a tree was never planted; that many suitable locations exist at City Hall to plant a tree in Commissioner Dry's honor; that a tree should be planted in Commissioner Dry's honor as soon as possible. Mayor Mason stated that hearing no objections, the consensus of the Commission is to direct the Administration to plant a tree at City Hall in honor of Commissioner Delores Dry. MAYOR MASON: A. stated that the National League Of Cities is promoting September 19, 2001, as Race Equality Day; that a press release will be developed in conjunction with the Office of the City Auditor and Clerk and the Communications Specialist expressing support for promoting September 19, 2001, as Race Equality Day and to announce the date of the next Sarasota Openly Addresses Racism (SOAR) Symposium. 22. OTHER MATTERS/ADMINISTRATIVE OFFICERS DIRECTED THE COMMUNITY REDEVELOPMENT AGENCY TO SCHEDULE A SPECIAL MEETING FOR SEPTEMBER 28, 2001, TO RECEIVE A PRESENTATION CONCERNING A PROPOSAL FOR A MARKET PROJECT (AGENDA ITEM XI) Tape #4 (3010) through (3590) CD 11:58 through 12:06 CITY MANAGER SOLLENBERGER: A. stated that Staff and the Administration recently examined the Whole Foods Market in Winter Park, Florida; that the Don M. Casto Organization (Casto) has approached the Administration with a proposal to construct a Whole Foods Market at the property recommended in the City of Sarasota, Downtown Master Plan 2020 (Downtown Master Plan 2020) for a market; that the current owners , of the property have expressed an interest in selling the property for use as a market; that otherwise, the owners have indicated the property will be sold for other purposes; that a representative from Casto met with Staff and the Administration on September 13, 2001, to discuss the proposed market and expressed interest in forming a public-private partnership which would include the investments from the Community Redevelopment Agency (CRA) for the market; that the CRA has not engaged in a public-private partnership previously; however, many CRAs in the State have engaged in similar public-private partnerships; that the Commission should direct the CRA to schedule a Special meeting on Friday, Séptember 28, 2001, immediately following the Commission Workshop to discuss the master plan for the City's parks; that the Casto proposal will be presented at the Special CRA meeting; that the Administration will request authorization to commence preliminary discussions with Casto concerning the proposed market and to perform a market test; that a real estate economist would be hired to evaluate the proposal and to perform the market test; that the CRA and Commission should consider two important issues prior to entering a public-private partnership; that the first issue concerns developing a City policy specifying the allowed types of public-private partnerships; that the recommendations of the Downtown Master Plan 2020 could be examined to develop a City policy for public- private partnerships; that the impact of the proposed market on the potential for other future developments such as condominiums and family housing near the property should also be examined during the market test; that the second issue concerns conducting a financial test to examine if the proposed market project could proceed without an investment from the City; that David Cardwell, Special Legal Counsel to the CRA, would attènd the Special meeting to provide legal advice to the CRA concerning the proposed market project; that the BOOK 50 Page 21924 09/17/01 6:00 P.M. BOOK 50 Page 21925 09/17/01 6:00 P.M. services of Attorney Cardwell will also be reviewed and a contract for future service will be presented to the CRA after review by the City Attorney's Office; that the proposed market project represents a significant opportunity for the City. Mayor Mason asked the proposed time for the CRA Special meeting? City Auditor and Clerk Robinson stated that the CRA Special meeting would follow Commission Workshop scheduled for 9 a.m., September 28, 2001. Commissioner Palmer asked if the CRA Special meeting could be advertised to follow the 9 a.m. Commission Workshop immediately? City Auditor and Clerk Robinson stated yes. Mayor Mason stated that lunch should be provided for the Commission if possible. Commissioner Palmer asked the time required for the CRA Special meeting? City Manager Sollenberger stated that approximately one hour will be required; that the purpose of the CRA Special meeting will be to examine the financial potential and interest of the CRA in pursuing the market project; that Staff was directed to prepare cost estimates for the proposed market project. Mayor Mason asked if the desire of the Commission is to direct the CRA to schedule a Special meeting on September 28, 2001? Commissioners Palmer and Martin stated yes. Vice Mayor Quillin stated noi that the proposed market project was discussed with the City Manager; that consideration of the proposed market project should be delayed until after City Manager Sollenberger's retirement. Mayor Mason stated that the proposed CRA Special meeting is supported; that the wishes of the majority of the Commission is to direct the CRA to schedule a Special meeting on September 28, 2001. B. stated that the criticisms of his management of the City were not appreciated at the current meeting; that the City has generated significant revenues in the form of corporate sponsorships to: reduce the subsidy of the Van Wezel Performing Arts Hall (VWPAH); that the efforts of John Wilkes, Executive Director of the VWPAH, to increase public pride and confidence in the VWPAH are appreciated; that the efforts of City Attorney Taylor to identify and remedy the concerns regarding the proposed car lease agreement with Gettel Toyota are appreciated. C. stated that the current meeting is his last Regular Commission meeting as City Manager; that warm wishes for the future are extended to all current and former Commissioners. 23. ADJOURN (AGENDA ITEM XII) Tape #4 (3590) CD 12:06 There being no further business, Mayor Mason adjourned the Regular meeting of September 17, 2001, at 12:06 p.m. Cadwg, Masn CAROLYNI J. MASON; MAYOR ATTEST: SSOTA > 2 A Billy EA /, BILLY. E. ROBINSON, CITY AUDITOR AND CLERK BOOK 50 Page 21926 09/17/01 6:00 P.M.