MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF FEBRUARY 20, 1996, AT 6:00 P.M. PRESENT: Mayor David Merrill, Vice Mayor Mollie Cardamone, Commissioners Jerome Dupree and Nora Patterson, City Manager David Sollenberger, City Auditor and Clerk Billy Robinson, and City Attorney Richard Taylor ABSENT: Commissioner Gene Pillot PRESIDING: Mayor David Merrill The meeting was called to order in accordance with Article III, Section 9 of the Charter of the City of Sarasota at 6:02 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. PRESENTATION RE: MAYOR/S CITATION TO FIREFIGHTER DARRYL TOKARSKI FOR HIS EXEMPLARY PERFORMANCE IN DISASTER RESPONSE DURING 1995 #1 (0037) through (0217) Julius Halas, Deputy Fire Chief, and Darryl Tokarski, Firefighter, Sarasota County Fire Department, came before the Commission. Deputy Fire Chief Halas stated that although the City's Fire-Rescue Bureau has been consolidated with Sarasota County, many of the same Fire-Rescue personnel continue to serve the City of Sarasota and the State of Florida; that Firefighter Tokarski is the only non- officer ranked firefighter serving on the State Division of Forestry Incident Command Teams which are comprised of Division of Forestry personnel and people from other agencies throughout the State who have excelled in the area of incident command; that after hurricanes Erin and Opal struck North Florida last fall, Firefighter Tokarski was dispatched by the State Emergency Operations Center (EOC) to act as Liaison Officer and to assist under adverse conditions in managing the Walton County EOC during emergency assistance efforts; that in October 1995, Firefighter Tokarski received a letter of commendation from the Incident Commander of the hurricane Opal deployment; that on January 3, 1996, the members of the "Green Team" were awarded the 1995 Outstanding Team Performance Award by the Department of Agriculture and Consumer Services for efforts put forth in assisting the citizens impacted by hurricanes Erin and Opal. Deputy Fire Chief Halas requested that Darryl Tokarski join him before the Commission; and recognized District Chief Thomas Chase, Lieutenant Ernest Cave, and Captain Charles Johnston, members of the Incident Command Teams who were present in the audience. Book 39 Page 12834 02/20/96 6:00 P.M. Book 39 Page 12835 02/20/96 6:00 P.M. Mayor Merrill read in its entirety and presented Firefighter Tokarski with a Mayor's Citation recognizing his exemplary performance in disaster response during 1995. 2. CHANGES TO THE ORDERS OF THE DAY - APPROVED #1 (0217) through (0233) City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Remove under Special Presentations, Item No. 1, Presentation Re: Employee of the Month for January 1996, Diane Liermann, Administrative Assistant, General Services Department, per the request of Robert Gerkin, Director of General Services. B. Add under New Business, Item No. VIII-2, Discussion Re: Absenteeism of Charter Review Committee Member, per the request of the City Auditor and Clerk. Mayor Merrill asked if the Commission had any objections to the Changes to the Orders of the Day. Mayor Merrill stated that hearing no objections, the Changes to the Orders of the Day are approved by unanimous consent. 3. APPROVAL OF MINUTES RE: MINUTES OF THE REGULAR CITY COMMISSION MEETING OF FEBRUARY 5, 1996 - APPROVED AS CORRECTED (AGENDA ITEM I) #1 (0233) through (0260) Mayor Merrill asked if the Commission had any changes to the minutes. Vice Mayor Cardamone referred to draft page 6 of the minutes; and stated that the following correction is necessary: Mr. Quinn stated that Florida Power & Light is using requesting the use of orimulsion at its Parrish, Florida, facility; Mayor Merrill stated that hearing no additional changes, the minutes of the regular City Commission meeting of February 5, 1996, are approved as corrected by unanimous consent. 4. BOARD ACTIONS: REPORT RE: SARASOTA HOUSING AUTHORITY BOARD - BUDGET PACKAGE, TABLE OF ORGANIZATION, AND AUDIT FINDINGS TO BE FORWARDED TO THE COMMISSION (AGENDA ITEM II-1) #1 (0254) through (0691) Wallace Murray, Chairman of the Sarasota Housing Authority (SHA) Board; Rhonda Pierce, Executive Director of the SHA; and Jacqueline Rivera, Assistant Director of the SHA, came before the Commission. Mr. Murray detailed the following items: A. Administrative Changes Mr. Murray stated that the SHA has undergone administrative changes during the past six months; that Walter Brown, former Executive Director, has left the agency and has been replaced by Rhonda Pierce; that Ms. Pierce served as Interim Director for approximately four months and has been in the permanent position of Executive Director since January 1996; that Jacqueline Rivera has been hired as Assistant Director. B. McCown Towers Bond Refinancing Mr. Murray stated that the SHA is reviewing the potential of refinancing bonds which were issued under the Section 8, New Construction Program for the McCown Towers Annex; that a formidable amount of discretionary funds will be acquired if the bonds are successfully refinanced, which will allow the SHA to enter into ventures such as creating affordable housing and home ownership opportunities for low-income families in Sarasota; that a specific amount of the potential funds will be allotted for future maintenance rehabilitation work required on the McCown Towers Annex; that a portion of the funds will be used to purchase office space for the SHA administrative offices. C. McCown Towers - Rehabilitation Mr. Murray stated that, currently, major rehabilitation efforts are taking place in Courts 8-2 of the McCown Towers, which includes replacement of exterior doors and frames, aluminum windows, reroofing, replacement of kitchen cabinets and ceramic floor tiles; that elevators in McCown Towers will be modified to comply with 504 Handicap Accessibility requirements; that replacement of heating, ventilation, and air conditioning units in the McCown Towers Annex will also be completed. D. Resident Involvement Mr. Murray stated that a meeting is scheduled for March 20, 1996, to provide an opportunity for all the SHA residents to meet with the Executive Director and SHA Staff; that Ms. Pierce will solicit suggestions and ideas from residents on programs and activities to be implemented during the upcoming fiscal year; that Ms. Pierce is also investigating the possibility of developing a Resident- Business Program for SHA residents; that plans are being developed to revitalize resident councils at the SHA properties; that the SHA Book 39 Page 12836 02/20/96 6:00 P.M. Book 39 Page 12837 02/20/96 6:00 P.M. is on an upswing and is working diligently to increase community awareness and involvement in order to provide more opportunities for residents in terms of home ownership, jobs, job training, and education. E. Reorganization Mr. Murray stated that a minor reorganization will take place during the upcoming fiscal year; that the reorganization is being structured to group like functions under one department and eliminate duplication of services and functions where possible, which will help streamline responsibilities and provide for increased accountability; that included in the reorganization will be a Resident Activities Coordinator to coordinate programs for the families, elderly, and youth residing at SHA properties. F. Meetings Mr. Murray stated that the SHA Board recently held a workshop to identify goals and strategies; that meetings have been held with John Wesley White, County Administrator, David Sollenberger, City Manager, and Jack Conway, Community Housing Corporation in an effort to develop better opportunities for affordable housing through a cooperative effort between local agencies and governments. Ms. Pierce stated that her goals as Executive Director of the SHA include generating resident involvement, assisting residents in becoming economically self-sufficient, arranging job opportunities for residents with SHA vendors and local businesses and agencies, encouraging home ownership, and promoting a view of the SHA as a stepping stone as opposed to a permanent dwelling. Commissioner Patterson stated that the SHA's plans are exciting and match the Commission's goals for the City; and requested that more frequent status reports from the SHA Board be provided to the Commission. Mr. Murray stated that the administrative changes in the SHA should allow a firmer relationship with the Commission than has been experienced in the past; that many of the SHA's plans will require a cooperative effort with the City; that more frequent reports to the Commission are anticipated. Vice Mayor Cardamone stated that last year, the City assisted the SHA by preparing Crime Prevention Through Environmental Design (CPTED) reports on the various SHA properties; that she hopes Ms. Pierce will consider implementing some of the recommendations included in those reports. Commissioner Patterson stated that crime prevention is a common goal of the City and the SHA; that the CPTED program has received national awards; that serious thought should be given to implementing the recommendations. Ms. Pierce stated that a copy of the CPTED report has been received; that the recommendations will be reviewed for potential implementation. Ms. Pierce invited the Commission to schedule a tour of the SHA properties to view the rehabilitation efforts. Vice Mayor Cardamone stated that more frequent status reports will be welcomed; and requested that the SHA's budget package, table of organization, and audit findings be forwarded to the Commission for reference while reading the minutes of the SHA Board meetings. Mr. Murray stated that audit findings will be presented at the next SHA Board meeting after which copies of the documentation requested can be forwarded to the Commission. Commissioner Dupree stated that the report is impressive; that frequent status reports from the SHA Board will be appreciated; that touring the SHA properties will provide the Commission with a greater insight of the SHA's plans. 5. BOARD ACTIONS: REPORT RE: SOUTH SARASOTA TRAFFIC ABATEMENT TASK FORCE = DIRECTED THE ADMINISTRATION TO CONDUCT A STUDY TO INVESTIGATE THE FUTURE ROLE OF OSPREY AVENUE IN THE CITY'S TRANSPORTATION NETWORK AS PART OF THE CITY'S ONGOING COMPREHENSIVE PLAN UPDATE(AGENDA ITEM II-2) #1 (0691) through (0944) Dennis Daughters, Director of Engineering/City Engineer, and Asim Mohammed, Assistant City Engineer, came before the Commission. Mr. Daughters stated that the South Sarasota Traffic Abatement Task Force has been meeting for the past five months and has worked with Staff and residents in the south Sarasota area to develop a Traffic Abatement Plan. Mr. Mohammed stated that at the February 7, 1996, Task Force meeting, Phase I, Phase II, and Phase III of the proposed South Sarasota Traffic Abatement Plan, was approved subject to the following conditions: 1. Residents on the flower streets be provided with flexibility to choose which of the four potential, solutions for abatement are implemented. Book 39 Page 12838 02/20/96 6:00 P.M. Book 39 Page 12839 02/20/96 6:00 P.M. 2. Signage, medians, etc., at Osprey Avenue and Lincoln Drive be further reviewed. 3. The medians at Wisteria and Datura Streets be modified and residents be provided flexibility to choose a preferred method. Mr. Mohammed stated that the Task Force also requested that Staff from the City's Planning and Engineering Departments come forward by the February 21, 1996, Task Force meeting, with the advantages and disadvantages of removing Osprey Avenue from the Thoroughfare Plan; that the future role of Osprey Avenue in the City's transportation network warrants a thorough investigation; that such a study would require analysis of Osprey Avenue with respect to impact upon adjacent land uses, vehicular access, the surrounding roadway network, adjoining residential neighborhoods, Level of Service on U.S. 41, access to Siesta Key, etc.; that the Task Force was informed that two weeks was not sufficient time in which to study the issues at the level of detail required. City Manager Sollenberger stated that the Administration recommends directing the Administration to conduct a study to investigate the future role of Osprey Avenue in the City's transportation network as part of the City's ongoing Comprehensive Plan update. Mr. Mohammed stated that individual meetings with the Commissioners will be scheduled to discuss in detail the phases of the proposed Traffic Abatement Plan. Commissioner Patterson referred to the Traffic Abatement Implementation Methods data sheet for Phase II; and asked if the proposed "Slow" neighborhood sign and median will be placed on Osprey Avenue or Lincoln Drive? Mr. Mohammed stated that a final decision has not be made on that particular item; that placement on Osprey Avenue is proposed; however, further discussions with the Avondale Neighborhood Association and residents will be pursued to determine the neighborhood's preference. Commissioner Patterson asked on which street the proposed neck-out at Mietaw Drive and Hyde Park Street will be placed? Mr. Mohammed stated Hyde Park Street. Mayor Merrill asked if the Osprey Avenue study will be limited? Mr. Mohammed stated that the Task Force requested a study of Osprey Avenue south of Mound Street to Siesta Drive; however, Staff will conduct a study on the entire length of Osprey Avenue. On motion of Vice Mayor Cardamone and second of Commissioner Dupree, it was moved to approve the Administration's recommendation. Commissioner Patterson stated that Item 24, which proposes less green time on Siesta Drive, and Item 2, which proposes installation of signage prior to the Orange Avenue/Mound Street intersection stating "Siesta Key, Sarasota Memorial Hospital Traffic Use U.S. 41," will have a potential impact to traffic on Siesta Drive; that substantial traffic congestion already occurs on Siesta Drive during season; that the potential of worsening that traffic congestion should be quantified and considered prior to a final recommendation on the Traffic Abatement Plan being brought to the Commission for a decision. Mr. Mohammed stated that will be done. Mayor Merrill called for the vote on the motion. Motion carried unanimously (4 to 0): Dupree, yes; Cardamone, yes; Patterson, yes; Merrill, yes. 6. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, AND 3 - APPROVED (AGENDA ITEM III-A) #1 (0944) through (0961) 1. Approval Re: Set for public hearing proposed Ordinance No. 95-3900, amending Chapter 5, Sarasota City Code, regulating the consumption of alcoholic beverages or possession of an open container within the city by expanding the area of regulation to include all publicly owned property and any other property generally accessible to the public; providing exemptions; setting forth findings; providing for the severability of the parts hereof; repealing ordinances in conflict; etc. 2. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Amendment to the Interagency Agreement between the University of Florida, Institute of Food and Agricultural Sciences (IFAS) and the City of Sarasota for the Florida Yards and Neighborhoods Program Video Production and Public Outreach Activities 3. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the First Amendment to the Agreement between the Southwest Florida Water Management District and the City of Sarasota, Florida for the Interpretive Signage and Trail Brochure for Downtown Bay Walk (6th Street Habitat Restoration site) On motion of Vice Mayor Cardamone and second of Commissioner Patterson, it was moved to approve Consent Agenda No. 1, Items 1 through 3 inclusive. Motion carried unanimously (4 to 0): Dupree, yes; Cardamone, yes; Patterson, yes; Merrill, yes. Book 39 Page 12840 02/20/96 6:00 P.M. Book 39 Page 12841 02/20/96 6:00 P.M. 7. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 96R-871) - ADOPTED; ITEM 2 (ORDINANCE NO. 96-3909) = ADOPTED; ITEM 3 (ORDINANCE NO. 96-3927) - ADOPTED (AGENDA ITEM III-B) #1 (0962) through (1027) City Auditor and Clerk Robinson read proposed Resolution No. 96R-871 and proposed Ordinance Nos. 96-3909 and 96-3927 by title only. 1. Adoption Re: Proposed Resolution No. 96R-871, authorizing the execution of a contract renewal for a highway Maintenance Agreement with the Florida Department of Transportation on behalf of the City of Sarasota; etc. (Title Only) 2. Adoption Re: Second reading of proposed Ordinance No. 96-3909, to vacate a portion of Briggs Avenue (said Briggs Avenue runs north and south). The portion to be considered for vacation lies west of Lyle Street, south of Hatton Street and north of Alta Vista Street; more particularly described herein; etc. (Title Only) (Petition No. 95-SV-04, Dr. John E. Syster, First Congregational Church of Sarasota, Inc.) 3. Adoption Re: Second reading of proposed Ordinance No. 96-3927, amending the Comprehensive Plan in compliance with the Local Government Comprehensive Planning and Land Development Regulation Act; adopting by reference an amendment to the Comprehensive Plan designated 95-PA-05, which amends the land use element of the Comprehensive Plan pertaining to Policy 1.3, as more particularly described herein; said amendment pertains to properties for which a site and development plan was approved as part of a conditional rezoning ordinance prior to March 13, 1989 and reverted to their former zone district classification due to an expired site and development plan; stating various findings of fact concerning the preparation and adoption of the amendment to the Compre- hensive Plan; repealing ordinances in conflict; providing for the severability of the parts hereof; etc. (Title Only) (Petition No. 95-PA-05) On motion of Commissioner Patterson and second of Vice Mayor Cardamone, it was moved to adopt Consent Agenda No. 2, Items 1 through 3 inclusive. Mayor Merrill requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Dupree, yes; Cardamone, yes; Patterson, yes; Merrill, yes. 8. SCHEDULED PRESENTATION RE: REQUEST FOR AN ADVANCED PLANNING BOARD/LOCAL PLANNING AGENCY REPORT RELATIVE TO THE ADDITIONAL STREET VACATION REQUEST (PETITION NO. 96-8V-04) ASSOCIATED WITH THE DOWNTOWN HOLLYWOOD 18 COBB THEATRE COMPLEX = APPROVED (AGENDA ITEM V) #1 (1027) through (1162) City Auditor and Clerk Robinson distributed to the Commission and entered into the record a letter received by Stephen Rees, Attorney representing the Sarasota Film Society, Inc., which expressed opposition to the Administration's recommendation for approval of an advanced Planning Board/Local Planning Agency (PBLP) report. Joel Freedman, AICP, Bishop & Associates, representing the Theatre Associates BBK, came before the Commission and requested that the City Commission authorize an advanced Planning Board/Local Planning Agency (PBLP) report of the March 6; 1996, meeting be provided at the Commission meeting of March 18, 1996, to allow for a public hearing on proposed Street Vacation Petition 96-SV-04 to be set and advertised for April 1, 1996, with the potential of second reading occurring on April 15, 1996. Mr. Freedman stated that Theatre Associates BBK previously requested a street vacation to construct a Hollywood 18 Cobb Theatre Complex in the downtown; that difficulty was experienced in reaching an agreement with abutting property owners for the air rights above the alley adjacent to the proposed parking structure, originally designed to extend over the alley and abut structures facing Main Street; that concerns previously raised by the Commission, specifically related to the setback off of U.S. 301 and a redesign of the Links Avenue/Main Street intersection, have been addressed in a revised site and development plan; that based on the revisions made, Staff recommended a new petition be filed and the entire process be undertaken again. Mr. Freedman continued that opening of new Cobb Theatres are limited to April and October; that construction of the proposed project will take approximately one year; that a six-month delay will result if final approval for the street vacation cannot be obtained in April 1996; that the petitioner is requesting an advance PBLP report to avoid the hardship of a six-month delay. City Manager Sollenberger stated that the Administration recommends approving the request, subject to the PBLP taking action at its March 6, 1996, meeting based on a finding by the Commission that the advance report is necessary to prevent an inequitable or unjust hardship. On motion of Vice Mayor Cardamone and second of Commissioner Patterson, it was moved to approve the Administration's recommendation. Motion carried unanimously (4 to 0): Dupree, yes; Cardamone, yes; Patterson, yes; Merrill, yes. Book 39 Page 12842 02/20/96 6:00 P.M. dii Book 39 Page 12843 02/20/96 6:00 P.M. 9. CITIZENS' INPUT CONCERNING CITY TOPICS - DIRECTED STAFF TO ASSIST THE JOINT VENTURE IN OBTAINING OUTSIDE FUNDING FOR THE HUDSON BAYOU DREDGING PROJECT; DIRECTED THE ADMINISTRATION TO DRAFT A LETTER TO THE GOVERNOR AND THE CABINET REGARDING ORIMULSION: SUPPORTED THE CONCERNS RAISED BY THE LPNA AND DIRECTED STAFF AND THE LEGAL DEPARTMENT TO PURSUE BRINGING RAPID CLOSURE TO THE COASTAL RECOVERY, INC. ISSUE (AGENDA ITEM VI) #1 (1166) through #2 (1072) The following people came before the Commission: Woody Levy, 770 South Palm Avenue #1004 (34236), stated that the Agenda indicates a regular City Commission meeting, thus public input should have been allowed prior to the Commission taking action on Agenda Item V, which pertained to a subject not previously heard by the Commission or advertised for a public hearing; that Theatre Associates BBK should not be provided special treatment; that Theatre Associates BBK requested that the Planning Board/Local Planning, Agency (PBLP) public hearing scheduled for February 7, 1996, be postponed until March 6, 1996; that the 30-day delay was initiated by the petitioner; therefore, the request for an advanced PBLP report should have been denied. Mayor Merrill requested that the Administration respond in writing to Mr. Levy regarding the Administration's recommendation on Agenda Item V; and requested City Auditor and Clerk Robinson to explain the process followed for public input. City Auditor and Clerk Robinson stated that public hearings for adoption of ordinances are legally advertised; that the Commission receives public input on first reading of an ordinance; that the Commission previously passed an ordinance which requires the swearing in of citizens prior to speaking at a public hearing; that public input is not permitted on second reading unless substantial changes are made to an ordinance on first reading and the public hearing is readvertised; that public input on other items on the Agenda follow the rules of procedure established by the Commission, which does not permit public input under Scheduled Presentations; that citizens have an opportunity to speak at regular Commission meetings under Citizens' Input Concerning City Topics. Jim Toale, 1605 Main Street, Suite 205 (34236), representing the Hudson Bayou Joint Venture, stated the Joint Venture, consisting of the neighborhood adjoining Hudson Bayou between Osprey Avenue and U.S. 41, has been working with the City to have a portion of the Bayou dredged; that the Joint Venture collected and deposited with the City sufficient funds to pay for the necessary engineering and other soft costs required to obtain permitting for the project; that the final cost analysis received for the project is more than twice the cost originally estimated; that the special assessment on a 100-foot-wide property will be approximately $2,000 annually for 10 years; that elements of the project can be scaled back to reduce a portion of the cost; that the Joint Venture Agreement authorizes the City to act as an agent for purposes of applying for alternative funding sources. Mr. Toale continued that an article in the February 15, 1996, edition of the Pelican Press quoted the Director of the West Coast Inland Navigation District (WCIND) as stating: Neighborhoods can't do significant dredging projects because of permitting difficulties, so Counties or Cities are the only realistic option. The District could help arrange permits, find spoiled disposal sites, and provide some funding. Mr. Toale stated that WCIND has expressed a willingness to provide funding for projects such as the Hudson Bayou Dredging Project; that although the adjoining neighborhood will derive benefit from the dredging, the material being dredged from the Bayou came from up stream; therefore, pursing general funding sources to fund a portion of the project would be appropriate; that high concentrations of heavy metal have been detected in the sediment; that Mark Alderson, Sarasota Bay National Estuary Program, indicated that funding resources may be available through the Department of Environmental Protection Resource Recovery Trust Fund; that City Staff has indicated direction from the Commission is necessary prior to alternative funding being pursued. Commissioner Patterson stated that she understood WCIND previously denied a request for funding put forth by the Joint Venture. Mr. Toale stated that the neighborhood requested funding from WCIND prior to entering into an agreement with the City; that a change in philosophy at WCIND has occurred; that a request coming from City Staff could achieve better results. On motion of Commissioner Patterson and second of Vice Mayor Cardamone, it was moved to direct Staff to assist the Joint Venture in obtaining outside funding for the Hudson Bayou Dredging Project. Vice Mayor Cardamone asked if the motion implies assistance in obtaining any and all available funding sources? Commissioner Patterson stated that is correct. Vice Mayor Cardamone stated that the Administration should consider making the Hudson Bayou Dredging Project a City project. Commissioner Dupree asked if the motion is specific to the Hudson Bayou Dredging Project. Book 39 Page 12844 02/20/96 6:00 P.M. Book 39 Page 12845 02/20/96 6:00 P.M. Commissioner Patterson stated yes; that the adjoining neighborhood volunteered to fund the project through the creation of a special assessment district; that the cost for the project is substantially greater than first anticipated; therefore, City assistance is being requested to solicit grants. Mayor Merrill called for the vote on the motion. Motion carried unanimously (4 to 0): Dupree, yes; Cardamone, yes; Patterson, yes; Merrill, yes. Larry Button, 801 South Boulevard of the Presidents (34236), requested that the City Commission draft and forward a letter to Governor Chiles urging the proposed burning of orimulsion at the Florida Power & Light Company (FPL) Parrish facility be delayed until further information is available; that disastrous results were experienced in England when orimulsion was used without stacking controls; that Denmark and Japan have used orimulsion; however, the only orimulsion burned in America has been in conjunction with a small pilot project at FPL's Sanford Plant; that Florida has a fragile ecological environment; that the fuel should be tested in a more stable environment. Mr. Button continued that the Lido Key Residents Association held a symposium at which representatives from FPL, Sarasota County, and the sierra Club gave presentations; that no facts were presented to indicate that FPL could not burn the fuel safely; however, the benefits citizens will derive by the use of orimulsion being permitted have not been fully explained; that an experiment on orimulsion should occur in an ecologically stable environment prior to its being permitted for use in fragile ecological environment. City Manager Sollenberger stated that the reports issued by Sarasota County do not indicate any adverse effects locally from the use of orimulsion by FPL; however, City Administration has not performed in-depth research; that the Parks, Recreation, and Environmental Protection Advisory Board indicated adequate data was not available on which to base a recommendation; therefore, he recommends the Commission not take a position on the issue of orimulsion. On motion of Vice Mayor Cardamone and second of Commissioner Dupree, it was moved to direct the Administration to draft a letter for the Mayor's signature to the Governor of the State of Florida outlining the concerns of the Commission. Vice Mayor Cardamone stated that she attended the symposium held by the Lido Key Residents Association; that various entities have not taken a position on the use of orimulsion because adverse impacts have not been identified; that benefits to the community, other than a small reduction in FPL charges, have not been identified; that FPL is pursuing the use of orimulsion, which is an inexpensive fuel, to remain competitive in the market if potential deregulation of power plants occurs in Florida; that deregulation has not occurred and no effective date in the future has been established for deregulation; however, other power plants could choose to burn orimulsion if deregulation does occur; that orimulsion is not an OPEC (Organization of Petroleum Exporting Countries) controlled commodity so the price could elevate based on demand. Commissioner Patterson stated that taking a position or succinctly outlining concerns about something which has not been thoroughly studied is difficult; that adequate information has not been presented on which the Commission could itemize concerns; therefore, a letter should be drafted indicating that although the orimulsion issue has not been thoroughly studied, the Sarasota City Commission, in hearing a great deal of citizen concern, is concerned about the environment locally and Statewide; that the letter should be sent to both Governor Chiles and the Cabinet requesting they be thoroughly satisfied that the use of orimulsion will not adversely impact Florida's fragile ecology prior to granting a permit. Vice Mayor Cardamone stated that the language suggested by Commissioner Patterson is acceptable. Mayor Merrill restated the motion as to direct the Administration to draft a letter to the Governor and the Cabinet stating that although the Sarasota City Commission has not studied the issue of orimulsion in great depth, there is a great deal of citizen concern, and the Governor and the Cabinet should be thoroughly satisfied with the environmental safety of orimulsion before a permit is granted. Ed Rathke, P.0. Box 1119 (34230), representing FPL, stated that FPL intends to increase use of the Parrish facility, in Manatee County, from the current 30% utilization up to 87%, but an overall reduction in air emissions will be realized because of the pollution control equipment which will be installed; that competition generated by potential deregulation is not the only reason FPL is requesting a permit to use orimulsion; that the oil embargo imposed by OPEC during the 1970s had a substantial impact on the nation; that gasoline at the service stations was rationed; that the average monthly FPL bill increased to $200 or $300; that FPL began investigating a variety of alternative fuel sources to help Florida and the nation reduce dependence on oil as a boiler fuel for generating electricity; that the conversion to orimulsion at the Manatee Plant will reduce FPL's dependence on oil and increase fuel diversity on its system; that oil is an expensive fuel which is subject to dramatic price fluctuations; that a diversified fuel mix will help FPL ensure stable electric rates; that cost savings and fuel diversity can be accomplished in an environmentally sensitive way by using orimulsion; that electric Book 39 Page 12846 02/20/96 6:00 P.M. Book 39 Page 12847 02/20/96 6:00 P.M. rates for residential users will be reduced by approximately 5%; that based on the way FPL will operate its power plant system, air pollution will be reduced throughout FPL's State and regional service territory; that by keeping electric rates competitive, FPL will be able to compete successfully with other utilities in the southeastern United States that may seek to expand into Florida; and protect jobs, earnings, and tax revenues generated by the electricity business from being lost to neighboring states. Mr. Rathke further stated that FPL has attempted to permit the Manatee Orimulsion Conversion Project through the Florida Electrical Power Siting Act processi that various State, regional, and local agencies have reviewed FPL's application, asked questions, and made recommendations; that the three-week hearing required before an administrative officer has concluded; that the hearing officer considered facts only and rejected the issues raised by the environmental community opposed to the project; that the hearing officer has rendered a recommended order be forwarded to the Governor and the Cabinet stating the FPL project protects and betters the public interest and should go forward. Mr. Rathke requested that the Commission reconsider the motion on the table; and stated that although the Commission is not taking a position, a letter expressing concerns could be interpreted as opposition to the project by an elected body. Commissioner Patterson stated that she also attended the symposium held by the Lido Key Residents Association at which a presentation was made by FPL representatives indicating the overall emission of nitrogen oxide (NOx) would be lowered; that however, the newspaper has indicated the opposite. Mr. Rathke stated that the Manatee Plant will be running more with a NOx rate of 0.23 or lower; that other plants within FPL's system with less effective pollution control equipment will be running less; therefore, all pollutants, including NOx, will be lowered on a Statewide basis; that the Department of Environmental Protection has determined the Best Available Control Technology (BACT) rate for NOx emissions is 0.27; that although an increase in NOX emissions over historical levels at the Manatee Plant will be realized, the amount of NOX emitted will be well below existing permitted limits; that based on testimony and studies performed by a variety of scientists and experts, the hearing officer has concluded the increase in nitrogen loading to Tampa Bay from the conversion will be undetectable in the water and plant life of Tampa Bay. Mayor Merrill stated that significant quantities of bitumen, the heavy hydrocarbon mixed with water to create orimulsion, have been found in Venezuela; and asked if FPL has taken measures to ensure the price of bitumen does not substantially increase over time? Mr. Rathke stated that the projection studies indicate the prices of natural gas and oil will increase more rapidly than the price of coal, which should remain stable; therefore, FPL has negotiated a 20-year contract with Bitor America Corporation to have the price of orimulsion tracked by the price of coal. Commissioner Patterson stated that the proposed letter does not indicate the Commission is opposed to orimulsion; and asked for clarification of Mr. Rathke's request for the Commission not to send a letter to the Governor and the Cabinet. Mr. Rathke stated that the Power Plant Siting Act establishes time frames in which State, regional, and local agencies make recommendations; that the facts of issue and other input are sought and considered by the hearing officer during the public hearing proceedings; that the public hearings have concluded and the hearing officer has rendered a recommendation; that an elected body expressing concern in a letter to the Governor and the Cabinet could be misinterpreted. Mayor Merrill stated that the letter proposed does not indicate opposition to the project; however, a similar letter which was sent to the State by the Commission expressing concern with mass transit implications was inaccurately interpreted as opposition to the Rails to Trails Program. Vice Mayor Cardamone stated that Florida, surrounded by water on three sides, has a more fragile ecology than other states; that a letter expressing concerns heard by the citizens would be appropriate for the Commission, as representatives of the community, to send. Commissioner Dupree stated that a parenthetical expression could be placed in the letter indicating that although the Commission is concerned with whether orimulsion will adversely affect Florida's ecology, the project is not opposed. Mayor Merrill asked if the inclusion of such language would be acceptable. Vice Mayor Cardamone, as maker of the motion, stated no. Mayor Merrill called for a vote on the motion to direct the Administration to draft a letter to the Governor and the Cabinet stating that although the Sarasota City Commission has not studied the issue of orimulsion in great depth, there is a great deal of citizen concern, and the Governor and the Cabinet should be thoroughly satisfied with the environmental safety of orimulsion before a permit is granted. Motion carried (3 to 1): Dupree, yes; Cardamone, yes; Patterson, yes; Merrill, no. Book 39 Page 12848 02/20/96 6:00 P.M. Book 39 Page 12849 02/20/96 6:00 P.M. Paul Thorpe, 47 South Palm Avenue (34236), stated that the Downtown Association and the North Trail Association are meeting with three judges, the District Attorney, the Public Defender, and Sarasota police personnel for a round table discussion on strategies to deter crime in the community; that the meeting is scheduled for Wednesday, February 28, 1996, at 5 p.m., at the County Administration Building on Ringling Boulevard. Mr. Thorpe distributed copies of "The City" brochure; and stated that Mayor Merrill previously requested a response as to why the shopping area on Beneva Road was not included in the brochure; that authorized and business associations were contacted for input regarding the brochure; that the Sarasota Commons shopping center does not have a business association; that an attempt will be made to include those merchants if funding can be obtained to create another edition or a supplement to the brochure. Mr. Thorpe continued that several thousand brochures have been circulated nationwide and in other countries, i.e., Italy, Great Britain, Russia, and France, with excellent results; that the brochure won a gold award from the advertising industry. Mr. Thorpe presented the Gold Addy Award to the Commission for prominent display. Tina Taylor Little, President, 534 Columbia Court; Juliette Reynolds, Secretary, 534 Madison Court; Martha Hafner, Vice President, 534 Madison Court; and Devin Rutkowski, Past President, 1920 Laurel Street (34236), representing the Laurel Park Neighborhood Association (LPNA). Ms. Little stated that the LPNA has approximately 350 members who attend monthly neighborhood meetings and express concerns about the proposed Coastal Recovery Centers, Inc., (Coastal) facility in the neighborhood; that approximately one year ago, Coastal purchased the former Brandy Lee Apartments building, located at 1840 Morrill Street, for use as a 20-resident community home residential facility; that the LPNA has diligently pursued answers to questions regarding the use of the property as intended by Coastal; that various State agencies have been contacted, but LPNA's questions remain unanswered. Ms. Little continued that Coastal's request for a 20-resident facility in the Laurel Park Neighborhood has been denied based on zoning requirements; that Florida Statutes, Chapter 419, provides for people to make a transition from institutionalized living to neighborhoods; however, Chapter 419 specifically limits the number of residents at a community residential home on a multiple-family zoned parcel to no more than 14; that the majority of community residential homes in Sarasota County are single-family homes with less than 14 residents; that the character of the neighborhood in which they are placed is not impacted; that the LPNA is concerned with monitoring a facility based on the size of the structure; that, for example, Coastal could obtain a license to operate a 14- resident facility in the former Brandy Lee Apartments, but the structure can house 80 residents. Ms. Little distributed copies of a letter dated April 19, 1995, from LPNA to Cheryl Wilson, Executive Director, Coastal Recovery Centers, Inc., informing Coastal of the LPNA's concerns regarding the size and number of units at the Brandy Lee site and offering assistance in locating an alternative structure in the neighborhood for a smaller facility. Mr. Rutkowski stated that no response to the letter was received. Ms. Hafner stated that the LPNA is requesting assistance by the City to: 1) obtain answers to a myriad of unresolved issues raised by the LPNA, and 2) delay processing of applications for community residential homes within the City, specifically at 1840 Morrill Street, until the issues raised are resolved. Ms. Hafner submitted a' list entitled, Sarasota County Community Residential Homes; and stated that in accordance with Chapter 419, the Department of Health and Rehabilitative Services (HRS) District Administrator is required to provide to the City upon application the most recent list of community residential homes to ensure no two community residential homes are located within 1,200 feet of each other; that Coastal provided the City with the required list in 1991 when licensure for its 10-resident facility located at 500 Audobon Place was obtained; that according to the list, Senior Meadows, a community residential home, is located at 1685 Laurel Street; that the LPNA is questioning whether Senior Meadows is within 1,200 feet of 1840 Morrill Street. Ms. Reynolds stated that the second issue concerning the LPNA is the intended use for the remaining units at the former Brandy Lee Apartment building; that Coastal represents that the units, which can house approximately 65 people, will be leased as rental apartments to people who may consume services offered by Coastal; that Coastal also represents the Audobon Place facility as the model for the proposed facility at 1840 Morrill Street; that the facility at Audobon Place is licensed as a 10-resident community residential home; that the remaining apartments are rented to 10 other residents under a landlord-tenant relationship. Ms. Reynolds submitted a copy of a brochure listing adult supported living and adult residential treatment as the services provided by Coastal at 500 Audobon Place. Ms. Reynolds continued that LPNA researched the Florida Statutes and the Florida Administrative Code (FAC) seeking information regarding adult supported living services; that the definition of a Level V Residential Treatment Facility found under FAC Book 39 Page 12850 02/20/96 6:00 P.M. Book 39 Page 12851 02/20/96 6:00 P.M. 10E-4.016(4) (f) describes Coastal's adult supported living services. Ms. Reynolds submitted a copy of FAC 10E-4.016 from which the following was cited: (f) Level V. A Level V facility provides a semi- independent, minimally structured apartment setting for 1 to 4 clients who have attained adequate independent living skills and require minimal staff support. The apartments in this setting are owned or leased by the service provider and rented to clients. All apartments on this level that are operated by a service provider, regardless of location shall be considered the premises of the facility. Ms. Reynolds requested that the City assist the LPNA in finding out from the appropriate State agency whether adult supported living services are similar or the same as a Level V Residential Treatment facility, which requires a State license. Ms. Hainer requested that the Commission review the background materials previously submitted to Timothy Litchet, Manager of Building, Zoning, and Code Enforcement to gain a greater insight of the LPNA's concernsi and submitted copies of letters sent by the LPNA to the following agencies requesting answers to the questions raised: 07/15/95 Senator Katherine Harris 08/14/95 District 8, Health & Human Services Board 08/24/95 Kris Mennella, Division of Health Quality Assurance Mr. Rutkowski stated that the assistance provided by Mr. Litchet and Michael Connolly, City Attorney's Office, regarding the Coastal issue has been appreciated; that although a voluminous amount of correspondence has been generated between the City of Sarasota, Coastal Recovery, the State of Florida, and the LPNA, several, relevant issues have yet to be answered or addressed. Mr. Rutkowski continued that in 1991, HRS licensed the Coastal facility located at 500 Audobon Place; that legislation effective July 1, 1993, divested some of HRS's responsibilities to the Agency for Health Care Administration (AHCA) i that AHCA is now responsible for licensure of residential treatment facilities and community residential homes; however, HRS is still responsible for maintaining a list of the licensed homes and assuring the applications are filled-out properly; that the questions raised by the LPNA have been transferred from one agency to the other; that the inability to communicate with the agencies has become very frustrating; that letters have been sent to the Governor, the District Administrator of ACHA, and the Director of HRS; that Senator Katherine Harris and Representative Shirley Brown have been requested to intervene on behalf of the LPNA; that Representative Brown was successful in obtaining some information; that Senator Harris forwarded to Tallahassee a letter from the LPNA which raised five specific questions; that no response has been received. Mr. Rutkowski submitted copies of a letter to him from Philip Dorsey, ACHA District Administrator, dated September 1, 1995, from which the following was cited: The Tallahassee AHCA office has recently issued a letter summarizing the agency's position on these issues. It is the HRS attorney's understanding that Mr. Devin Rutkowski will be receiving a copy of this letter. Mr. Rutkowski stated that a copy of the letter referenced was never received. Mr. Rutkowski submitted a copy of a letter dated January 10, 1996, from Mr. Dorsey to Kris MenNella, Program Administrator Field Operations, Division of Health Quality Assurance, ACHA, requesting assistance in responding to Mr. Rutkowski's questions. Mr. Rutkowski stated that a response has not been received. Mr. Rutkowski submitted an audio tape of a discussion held on May 23, 1995, between members of the LPNA and representatives of Coastal; and stated that listening to the tape will provide the Commission with an understanding of the neighborhood's concerns and the level of information received at the meeting in response to questions raised. Mr. Rutkowski stated that the LPNA is requesting assistance by the Commission to gain answers regarding the following issues: 1. Are adult supported living services similar or the same as a Level V Residential Treatment facility, which requires a State license? 2. Would the State require Coastal to obtain a license for a Level V Residential Treatment facility if apartments are rented to consumers? 3. Is Senior Meadows within 1,200 feet of the community residential home proposed at 1840 Morrill Street? Mayor Merrill asked if the Administration understands the issues? City Manager Sollenberger stated yes; that the issues have been discussed with Mr. Litchet, Mr. Connolly, and City Attorney Taylor; that Coastal has filed a complaint against the City, specifically the City Manager, with the Department of Housing and Urban Book 39 Page 12852 02/20/96 6:00 P.M. Book 39 Page 12853 02/20/96 6:00 P.M. Development for a fair housing law violation; therefore, the issue has been followed closely. Mayor Merrill asked if a conflict will be created if the Commission directs the Administration to assist the LPNA in obtaining information? City Attorney Taylor stated that the Administration is aware of the issues brought to the Commission by the LPNA; that the Administration has experienced similar difficulties in obtaining answers at the State level; that the Commission is not inhibited from referring the issue to the Administration to take action. City Attorney Taylor continued that early in the process, Coastal took the position that the State process for a Chapter 419 facility was not necessary and chose to follow the Federal Fair Housing Act requirements, which relate to a reasonable accommodation for handicapped persons irrespective of local laws; that the administrative review by the City of the proposed Coastal facility resulted in a letter of denial being issued by Mr. Litchet; that Coastal appealed Mr. Litchet's ruling to the Board of Adjustment and an administrative complaint was filed against the City; that after the Board of Adjustment upheld Mr. Litchet's interpretation, Coastal initiated the State process; that the City will require answers to the pertinent questions raised prior to granting local approval of the project; that Coastal has not yet obtained the required licensure to operate a Chapter 419 facility at 1840 Morrill Street; that the State contacted the City late last week requesting input as to whether the legal position of the City was not to allow facilities of the type proposed by Coastal in the Laurel Park neighborhood; that the State was informed the City was not taking that position on a facility which meets all the requirements of Florida law; that Coastal cannot legally occupy and operate a Chapter 419 facility at 1840 Morrill Street until and unless a license is obtained from the State. Commissioner Dupree stated that he has rendered his resignation, but is still employed by Coastal Recovery, Inc.; therefore, he declares a conflict of interest and will not vote on any motion made regarding this issue. Commissioner Patterson stated that the neighborhood is asking that two specific questions be answered as rapidly as possible; that City personnel has been addressing the issue; therefore, the endorsement by the Commission for Staff's pursuing the issue should be broad. On motion of Commissioner Patterson and second of Vice Mayor Cardamone, it was moved to support the neighborhood concerns and direct Staff and the legal department to pursue bringing rapid closure to the issue. Vice Mayor Cardamone stated that the Administration and the LPNA have been attempting to gain answers for over one year; that she is not opposed to someone going to Tallahassee and asking for an answer; that anyone travelling to Tallahassee on other business could present relevant correspondence, explain the difficulties experienced, and request answers and an explanation for the nonresponses received by the City and the neighborhood. Mayor Merrill stated that the State representatives, who are elected to represent the community at the State level, should be held accountable for a response; that Coastal has done a lot of good things for Sarasota; however, the opposite side of Coastal has been seen during the past year regarding this issue by their lack of cooperation and acting in a heavy handed manner toward the neighborhood, threatening lawsuits, and making maligning statements about individuals; that a public meeting was held at which Coastal requested the Commissioners be removed in accordance with the Synder ruling rather than making an attempt to amicably resolve the issue; that Coastal has acted with a complete lack of community spirit regarding this issue; that a group which receives substantial public funding should treat the public with greater respect. Commissioner Patterson stated that the City spent well over $1 million purchasing the site on which the main Coastal facility is located, which expresses City support for the agency; that hopefully, the issue will be brought to an amicable conclusion. Mayor Merrill called for the vote on the motion. Motion carried unanimously (3 to 0): Dupree, abstained; Cardamone, yes; Patterson, yes; Merrill, yes. The Commission recessed at 8:02 p.m. and reconvened at 8:16 p.m. 10. UNFINISHED BUSINESS: APPROVAL RE: POLICY RECOMMENDATIONB. REGIONAL ANCHORAGE MANAGEMENT PLAN = APPROVED: ADMINISTRATION TO DISCUSS THE ISSUE WITH O'LEARY'S (AGENDA ITEM VII-1) #2 (1098) through (1610) V. Peter Schneider, Deputy City Manager, referred to a memorandum dated February 8, 1996, which listed the following recommendations developed for Commission approval as a policy framework for the City in discussions with Boater's Information Action League, Inc. (BAIL) regarding the Regional Anchorage Management Plan: Recommendation 1 The shoreside facilities should be constructed within the existing footprint of the facility that currently contains the O'Leary's concessionaire. Should this area conflict with the terms of the lease agreement or with the concessionaire Book 39 Page 12854 02/20/96 6:00 P.M. Book 39 Page 12855 02/20/96 6:00 P.M. operations, a minimal expansion of the footprint should be considered, not to exceed 400 square feet. Recommendation 2 The City will not incur any capital costs or operating costs associated with the anchorage. As indicated in the anchorage plan, capital funding would be procured through other governmental agencies, and operating costs would be funded through the boats using the anchorage. Recommendation 3 The regional anchorage would have defined boundaries, approximating those shown in Exhibit "B" of the plan and which reflects the area where boats are currently moored. Once the mooring area is formally defined, only those boats within the defined anchorage will be exempted from enforcement of the City's 72-hour mooring provision as contained in Chapter 10 of the City Code and Section 8-197 of the Zoning Code. Recommendation 4 The City should be in a position where it assumes no responsibility or liability for the activities or operations of the anchorage. This protection to the City would ultimately be spelled out in an agreement that will be developed as part of the implementation process. Recommendation 5 These same policy positions would be taken for the mooring area off Ken Thompson Park, which would be addressed separately. Mr. Schneider stated that the Administration recognizes a potential conflict with the O'Leary's lease as the Plan is proposed; that the issue will be addressed during discussions with BAIL. The following people came before the Commission: Lillian O'Leary, 7363 Periwinkle Drive (34231), representing O'Leary's Sailing School, requested that the Commission defer from taking action regarding the Regional Anchorage Management Plan until discussions between O'Leary's and the Administration take place. Ms. O'Leary stated that O'Leary's is in a position to monitor activities at the Bayfront and could facilitate as the harbor master if the anchorage is designated; that several captains with boats are employed by O'Leary's, radio equipment is available, and personnel are on site seven days per week from 8 a.m. to 10 p.m.i that monitoring should not be handled by an absentee organization; that immediate response should be available when a situation arises. Ms. O'Leary referred to photographs depicting an abundance of trash accumulated in the areas where boats are currently moored; and stated that a variety of problems need to be addressed; that she would appreciate an opportunity to review the Plan and discuss with the Administration manners in which O'Leary's could be utilized to improve the conditions at the Bayfront. Vice Mayor Cardamone asked if Ms. O'Leary is requesting an opportunity to work with the Administration and BAIL as a cooperative effort regarding the implementation of a Regional Anchorage Management Plan? Ms. O'Leary stated yes; that the requirements for management, i.e., providing bathrooms and showers, controlling the number and appropriately locating boats entering the anchorage, should be included in O'Leary's lease. Vice Mayor Cardamone asked if a cooperative effort with BAIL could be pursued as requested? Mr. Schneider stated that the existing lease with O'Leary's provides the City with an ability to manage the space in a more practical manner without using a new, nongovernmental organization; that O'Leary's proposal offers potential and discussions with the Administration should be scheduled. Mayor Merrill asked if approving the recommendation pre-empts additional discussions or further approvals? Mr. Schneider stated noi that the basic recommendations, which are guidelines for discussions with BAIL, would apply whether O'Leary's or another organization manages the space; that a series of administrative steps will be required to implement the Plan which will be brought back to the Commission for approval. Walt Stilley, P.O. Box 15014 (34277-1014). representing BAIL, stated that BAIL is one of the five members of a regional pilot program participating in developing the Regional Anchorage Management Plan; that the other members are: Florida Department of Environmental Protection, the Florida Sea Grant College Program, Southwest Florida Regional Planning Council, and West Coast Inland Navigation District (WCIND); that BAIL has been acting as a catalyst to resolve issues at the Bayfront; that the Plan is proposed to provide boaters with consistency, validity, and expected services as the regional waters of the southwest coast are transversed. Book 39 Page 12856 02/20/96 6:00 P.M. Book 39 Page 12857 02/20/96 6:00 P.M. City Manager Sollenberger stated that the Administration recommends adopting the five recommendations as outlined in Mr. Schneider's memorandum; that the O'Leary's lease contains a provision for operating in a harbor master capacity; that discussions regarding the relevant issues of the proposal will be explored with Ms. O'Leary. On motion of Vice Mayor Cardamone and second of Commissioner Dupree, it was moved to adopt the Administration's five recommendations as a policy framework for City discussions with BAIL regarding the Regional Anchorage Management Plan. Vice Mayor Cardamone referred to the Draft Sarasota Anchorage proposal dated July 3, 1995; and stated that the budget indicates a monthly fee for mooring boats at a rate of $20; that the rate is extremely low for the amenities which will be provided; that mooring fees at other harbors should be investigated; that the rates at other lands rented by the City, e.g., at Sarasota Mobile Home Park, should be considered. Vice Mayor Cardamone continued that the efforts of Mr. Stilley and the offer by Ms. O'Leary are appreciated. Mayor Merrill called for the vote on the motion. Motion carried unanimously (4 to 0): : Dupree, yes; Cardamone, yes; Patterson, yes; Merrill, yes. 11. UNFINISHED BUSINESS: ADOPTION RE: SECOND READING OF PROPOSED ORDINANCE NO. 96-3926, AMENDING THE COMPREHENBIVE PLAN IN ACCORDANCE WITH THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT: ADOPTING BY REFERENCE AN AMENDMENT TO THE COMPREHENSIVE PLAN DESIGNATED: 95-PA-08, PERTAINING TO REAL PROPERTY LOCATED AT 3638 FRUITVILLE ROAD AND 3, 15, 36 AND 44 GOLDEN SANDS DRIVE, AS MORE PARTICULARLY DESCRIBED HEREIN; STATING VARIOUS FINDINGS OF FACT CONCERNING THE PREPARATION AND ADOPTION OF THE AMENDMENT TO THE COMPREHENBIVE PLAN; REPEALING ORDINANCES IN CONFLICT: PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF; ETC. (TITLE ONLY) (PETITION NO. 95-PA-08, STEPHEN D. REES, ESOUIRE FOR SUCCESSOR TRUSTEE JOSEPH STEWARD STOTTLEMEYER) - ADOPTED (AGENDA ITEM VII-2) #2 (1613) through (1670) Commissioner Dupree stated that as he was not in attendance at previous quasi-judicial public hearings and the documentation had not been reviewed, he abstained from voting on first reading of this item; therefore, he will not vote tonight. City Auditor and Clerk Robinson read proposed Ordinance No. 96-3926 by title only. City Manager Sollenberger stated that the Administration recommends adopting proposed Ordinance No. 96-3926. On motion of Commissioner Patterson and second of Vice Mayor Cardamone, it was moved to adopt proposed Ordinance No. 96-3926. Mayor Merrill requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (3 to 0): Dupree, abstained; Cardamone, yes; Patterson, yes; Merrill, yes. 12. NEW BUSINESS: PRESENTATION RE: COMPREKENBIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 1995 - REPORT RECEIVED (AGENDA ITEM VIII) #2 (1675) through (1766) Gibson Mitchell, Director of Finance, came before the Commission and stated that the Finance Department has prepared the Comprehensive Annual Financial Report (CAFR) for the fiscal year ended September 30, 1995; that in addition to meeting legal requirements, the report continues to present the City's strong tradition of full financial disclosure; that the financial statements have been audited by the City's independent certified public accountants, Armstrong, Parent, Marlar & Company, whose unqualified opinion is found on page 1 of the report. Mr. Mitchell continued that three significant improvements are noted about this CAFR: 1) the report contains the Single Audit Section which, in the past, has been issued several months after the issuance of the CAFR, 2) the auditor's management letter and the Administration's responses were issued to the City Commission 5 months earlier than last year, and 3) this CAFR is being issued 1.5 months earlier than in any other fiscal year. Mr. Mitchell further stated that the City has received the Certificate of Achievement for Excellence in Financial Reporting for its CAFR for the past 14 consecutive years; that the Administration is confident the 1995 CAFR continues to meet the Program requirements and will be submitted to the Government Finance Officers Association for eligibility for the City to receive another certificate. Mayor Merrill stated that hearing no objections, the report is received by the Commission. 13. NEW BUSINESS: DISCUSSION RE: ABSENTEEISM OF CHARTER REVIEW COMMITTEE MEMBER = NO ACTION TAKEN (AGENDA ITEM VIII-2) #2 (1772) through (1895) City Auditor and Clerk Robinson stated that at its meeting of July 10, 1995, the Charter Review Committee (CRC) unanimously approved Book 39 Page 12858 02/20/96 6:00 P.M. Book 39 Page 12859 02/20/96 6:00 P.M. a motion to request of the Commission removal and replacement of any member who is absent, regardless of the reason, for three consecutive CRC meetings; that one of the members, Bruce Franklin, has been absent for three consecutive meetings; that approximately four scheduled meetings of the CRC remain; that the CRC requested that the matter be brought to the attention of the City Commission. Vice Mayor Cardamone- asked who made the motion to request removal by the Commission? City Auditor and Clerk Robinson stated that motion was made by Mr. Franklin and seconded by James Brown; that the actual subject was raised by Chairman Lou Ann Palmer. Vice Mayor Cardamone stated that each Commissioner appointed two members to the CRC; that the appointment of Mr. Franklin was made by former Commissioner Delores Dryi that comment by Commissioner Dupree would be appropriate. Commissioner Dupree stated that the reasons provided by Mr. Franklin for his absences, i.e., being ill and being out of town, are acceptable; however, Mr. Franklin should notify the CRC if a trip out of town is scheduled. 14. BOARD APPOINTMENTS RE: SARASOTA COUNTY BICYCIE/PEDEBTRIAN COMMITTEE - REAPPOINTED ALEXANDER BOUDREAU (AGENDA ITEM IX-1) #2 (1895) through (1899) Mayor Merrill stated that the term of Alexander Boudreau, the City of Sarasota representative on the Sarasota County Bicycle/ Pedestrian Committee, expires on March 24, 1996; that Mr. Boudreau has expressed an interest in reappointment. Mayor Merrill stated that hearing no objections, Alexander Boudreau is reappointed to the Sarasota County Bicycle/Pedestrian Committee. 15. BOARD APPOINTMENTS RE: SARASOTA COUNTY STORMWATER ENVIRONMENTAL UILITY ADVISORY COMMITTEE - REAPPOINTED EVA SMITH (AGENDA ITEM IX-2) #2 (1901) through (1912) Mayor Merrill stated that the term of Eva Smith, a City of Sarasota resident on the Sarasota County Stormwater Environmental Utility Advisory Committee, expires on March 1, 1996; that Ms. Smith has expressed an interest in reappointment. Mayor Merrill stated that hearing no objections, Eva Smith is reappointed to the Sarasota County Stormwater Environmental Utility Advisory Committee. Vice Mayor Cardamone stated that Ms. Smith has served the Stormwater Environmental Utility Advisory Committee well; that in addition, Ms. Smith was a diligent member of the forum to study Little Sarasota Bay. 16. REMARKS OF COMMIBBIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA: (AGENDA ITEM X) #2 (1933) through (2713) VICE MAYOR CARDAMONE: A. stated that a report of a sunken sailboat on a sandbar in Sarasota Bay has been received; that the City previously incurred a substantial expense removing sunken sailboats from the same mooring area; that the owner of one of the removed sailboats has moored another boat in Sarasota Bay; that these situations indicate the need for regulating the City's harbor. Commissioner Patterson stated that the $20 monthly fee indicated in the draft Sarasota Anchorage proposal for mooring boats in Sarasota Bay will not be received by the City but by the organization funding the harbor master; that the fees collected will not be adequate to fund items such as removal of sailboats from the bottom of the Bay; that providing showers, dinghies, other attractive amenities, etc., and being advertised as a mooring facility, could attract numerous people, not who will moor in the harbor for three or four days, spend money in the City, and grace Sarasota Bay, but who will take up long-term residence and because of a limited budget may have boats which are not well-maintained and will sink; that she is concerned implementing an anchorage plan could create more problems for the City than are currently experienced with the mooring area. Commissioner Patterson continued that Walter Stilley, President, Boater's Information Action League, Inc. (BAIL), indicated funding is available from the West Coast Inland Navigation District (WCIND) for the removal of sunken boats in public waters; that the Administration should explore such funding and report back to the Commission. V. Peter Schneider, Deputy City Manager, stated that Federal funding is available to remove a sunken boat which is obstructing navigation; that the criteria for WCIND funding may be similar; that the issue will be reviewed and a report provided. B. stated that she and Commissioner Patterson represent the City on the Metropolitan Planning Organization (MPO) i that no alternates have been appointed. Commissioner Patterson stated that State Statute prohibits alternates on the MPO from voting; that a procedure should be established whereby a letter is delivered to the MPO indicating Book 39 Page 12860 02/20/96 6:00 P.M. Book 39 Page 12861 02/20/96 6:00 P.M. removal and replacement of a City representative who will be absent from an MPO meeting with another representative and changing the replacement immediately after the absence occurs; that the County Commission follows a similar procedure. C. stated that the intersection at Tuttle Avenue/Bahia Vista Street has been torn up since construction began to widen Tuttle Avenue; that traffic is continually backed up in that area; and requested Commission support to direct the Administration to contact the County regarding the lack of progress on the east and west corners of Bahia Vista Street at the intersection. Mayor Merrill stated that hearing no objections, the Administration is directed to contact the County as requested. D. stated that on February 13, 1996, the Commission received a letter from George Dietz, Attorney representing BVP Associates, requesting a meeting either collectively or one-on-one to discuss the possibility of effectuating a settlement of litigation (City of Sarasota VS. BVP Associates appealing the judge's ruling regarding Petition No. 94-C0-06); and asked if the Commission is amenable to having a workshop not only to discuss the litigation but also to invite representatives from the affected neighborhood to discuss other elements for the development of the property on the corner of Bahia Vista Street and U.S. 41? Mayor Merrill stated that the Mayor or two Commissioners can call a workshop. Commissioner Patterson stated that she does not object to having a workshop; however, when she met with Mr. Dietz several months ago, no offer of any significance was being proposed. Vice Mayor Cardamone stated that she was remiss in not responding to BVP Associates' previous request for a meeting; that a second request has been received; that the intentions of BVP Associates for the subject property are not clear. Mayor Merrill stated that he could support a settlement if BVP Associates agrees to meet the landscaping requirements of the Commercial Office Park (COP) zone district; that holding a workshop to discuss the issue would not be worthwhile if neither side has changed positions. Vice Mayor Cardamone stated that the Commission should delay considering a workshop until after the judge rules on the appeal. COMMISSIONER PATTERSON: A. stated that the Pelican Press article referenced earlier by Jim Toale regarding the Hudson Bayou Dredging project also indicated the County's desire to explore possible use of public funds to conduct dredging; that city bayous and canals should be included in the County's plans if City taxpayers will. contribute to the public funds which will be utilized. Mayor Merrill stated that hearing no objections, the Administration is directed to follow-up on the County's plans for dredging and assure City areas will be included if public funds are to be used. B. stated that the Theatre Associates BBK's revised proposal for a movie theater which includes an 8-foot setback to allow for future beautification on U.S. 301 raises the issue of the setbacks of properties immediately contiguous; that properties on U.S. 301 from Adams Lane to Fruitville Road are zoned Commercial, Central Business (C-CBD); ; that the C-CBD zone district, which requires no setbacks, does require a certain amount of open space depending on the size of the project; and requested Commission support to direct the Administration to explore during the Land Development Regulations (LDRs) process incorporation of setbacks for properties in the C-CBD zone district along major thoroughfares. City Manager Sollenberger stated that Staff has been directed to meet concerning Commissioner Patterson's suggestion. Commissioner Patterson stated that the setback could be deducted from the open space requirement, therefore, development of the properties would not be impacted. C. stated that she was informed that Dennis Daughters, Director of Engineering/City Engineer recently received an award as "Engineer of the Year"; and asked if the award is in addition to the one previously received? Mr. Daughters came before the Commission and stated that he previously received the award as "Government Engineer of the Year" throughout the State of Florida; that on February 16, 1996, he was honored as "Engineer of the Year" in the Myakka Chapter; that both awards were received from the Florida Engineering Society. The Commission extended congratulations to Mr. Daughters. 17. OTHER MATTERS/ADMINISTRATIVE OFFICERS (AGENDA ITEM XI) #2 (2713) through (2740) CITY AUDITOR AND CLERK ROBINSON: Book 39 Page 12862 02/20/96 6:00 P.M. Book 39 Page 12863 02/20/96 6:00 P.M. A. stated that the Robert Fournier, Esquire, will make a presentation regarding reapportioning of districts and an elected mayor form of government at the Charter Review Meeting scheduled on February 29, 1996, from 4 p.m. to 6 p.m.; that the Commission may wish to attend the presentation. 18. ADJOURN (AGENDA ITEM XII) #2 (2743) There being no further business, Mayor Merrill adjourned the regular meeting of February 20, 1996, at 8:55 p.m. Assc Caree DAVID MERRILL, MAYOR ATTEST: 13. L E Robensoi BILLY E.CROBINSON, CITY AUDITOR AND CLERK