MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF NOVEMBER 20, 1995, AT 6:00 P.M. PRESENT: Mayor David Merrill, Vice Mayor Mollie Cardamone, Commissioners Nora Patterson (arrived at 6:10 p.m.), and Gene Pillot, City Manager David Sollenberger, City Auditor and Clerk Billy Robinson, and City Attorney Richard Taylor ABSENT: Commissioner Delores Dry 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 6:00 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. PRESENTATION RE: EMPLOYEE OF THE MONTH FOR OCTOBER, 1995 - GERALDINE T. RIVERS, ADMINISTRATIVE ASSISTANT, UTILITIES BILLING OFFICE, PUBLIC HORKS/UTILITIES DEPARTMENT #1 (0030) through (0115) William Hallisey, Facilities Operations Manager, and Geraldine Rivers, Administrative Assistant, Public Works/Utilities Department, came before the Commission. City Manager Sollenberger stated that Geraldine Rivers has been a steady and positive influence as an employee of the City's Utilities Billing Office for more than twenty years; that Ms. Rivers carries out all her tasks in a caring and cheerful manner and works well with Billing Office customers and fellow employees; that Ms. Rivers' participation in the Total Quality Performance (TQP) program, specifically the Quality in Daily Work program implemented in the Billing Office, has contributed to the overall efficiency and effectiveness of the office; that Ms. Rivers is equally busy after work providing guidance to her nine grandchildren, teaching Sunday school at her church, and volunteering time to a local prison ministryi that Ms. Rivers continually demonstrates a willingness and ability to serve her City and community with excellence and pride. Mayor Merrill presented Ms. Rivers with the Employee of the Month Award for October 1995 in appreciation of her contribution to the City of Sarasota and congratulated her for outstanding performance. Mayor Merrill stated that Boy Scout Troop No. 24 from the Church of the Redeemer is in attendance; that the Troop is observing good government in action in conjunction with earning their community citizen merit badges. Book 39 Page 12544 11/20/95 6:00 P.M. Book 39 Page 12545 11/20/95 6:00 P.M. 2. CHANGES TO THE ORDERS OF THE DAY - APPROVED #1 (0140) through (0159) City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Move under Unfinished Business, Item No. VII-2, Adoption Re: Second reading of proposed Ordinance No. 96-3912, to immediately precede Item No. VII-1. Mayor Merrill asked if the Commission has 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 SPECIAL CITY COMMISSION MEETINGS OF OCTOBER 23, 1995 AND OCTOBER 30, 1995 AND MINUTES OF THE REGULAR CITY COMMISSION MEETING OF NOVEMBER 6, 1995 - APPROVED (AGENDA ITEM I) #1 (0162) through (0166) Mayor Merrill asked if the Commission has any changes to the minutes. Mayor Merrill stated that hearing no changes, the minutes of the special City Commission meetings of October 23, 1995, and October 30, 1995, and the regular City Commission meeting of November 6, 1995, are approved by unanimous consent. 4. BOARD ACTIONS: : REPORT RE: NUISANCE ABATEMENT BOARD APPROVED REMOVAL OF MARY OUILLIN FROM THE NUISANCE ABATEMENT BOARD (AGENDA ITEM II-1) #1 (0172) through (0654) Jack Gurney, Chairman, Nuisance Abatement Board (NAB), and John Lewis, Director of Public Safety, came before the Commission and presented the following items: A. Explicit language during testimony Director Lewis stated that based on the nature of the crimes that are covered by the Nuisance Abatement Ordinance, explicit testimony will be presented to the NAB by police officers, civilians and defendants; that people who might be offended by the subject matter and language should be prepared betorehand. B. Protecting the identity of police officers who testify Director Lewis stated that procedures are necessary to protect the identity of undercover officers who testify before the NAB, especially if the proceedings are televised; that St. Petersburg adopted a method whereby any officer who testifies does so from an adjoining room or in an enclosed area; that protecting the identity of officers is a safety issue about which the Board wanted the Commission to be aware. Commission Pillot asked if action by the Commission is required to insure that the identity of undercover officers is protected? Mr. Gurney stated no. C. Proposed Ordinance No. 96-3911 Mr. Gurney stated that proposed Ordinance No. 96-3911 has been placed on this meeting's agenda under Consent Agenda No. 1. Director Lewis stated that proposed Ordinance No. 96-3911 provides authority for the NAB to impose civil fines up to $500 against property owners whose place or premise is declared a public nuisance in accordance with the provisions of the Nuisance Abatement Ordinance. D. Request for removal of a board member Mr. Gurney stated that the first NAB hearings are anticipated in January 1996; that seeking removal of a board member is a difficult issue to bring before the Commission; that the NAB unanimously passed a motion to request the Commission remove Mary Quillin from the NAB; that Ms. Quillin has been extremely argumentative and has treated City Staff members rudely; that an inordinate amount of time is spent trying to resolve issues which seem to concern only Ms. Quillin; that an urgency to proceed with the tasks for which the NAB was established was expressed by members; that retaining an objective Board capable of carrying out the Commission's mandate is crucial; that the actions of the NAB will be scrutinized by the Commission, City residents, and the attorneys representing defendants; that an adversarial situation among Board members jeopardizes the NAB's ability to accomplish effectively the difficult tasks assigned. Mr. Gurney continued that Ms. Quillin was not present when the vote was taken, which was a concern to some Board members; however, a sense of urgency in resolving this matter prior to the hearings scheduled for early 1996 is apparent. Commissioner Pillot asked if the Commission has the authority to remove a member of the NAB? City Attorney Taylor stated yes. On motion of Commissioner Pillot and second of Vice Mayor Cardamone, it was moved to remove Mary Quillin from the Nuisance Abatement Board. Book 39 Page 12546 11/20/95 6:00 P.M. Book 39 Page 12547 11/20/95 6:00 P.M. Commissioner Patterson asked if public input is permitted on this agenda item? City Auditor and Clerk Robinson stated yes; however, the Agenda states public input is not permitted under Board Actions; that supplemental information for the NAB report was received after the Agenda was distributed; that public input is permitted under Board Actions for substantive issues such as a request for removal of a board member. Commissioner Patterson asked if anyone has signed up to speak? City Auditor and Clerk Robinson stated no. Commissioner Patterson asked if Ms. Quillin was apprised that public input would be allowed on this item? City Auditor and Clerk Robinson stated that he has not spoken with Ms. Quillin. Mayor Merrill stated that the Agenda reads, "Citizens' comments not permitted on Item No. 1." Commissioner Patterson stated that taking action tonight is a concern considering the confusing manner in which the removal of a board member has been presented; that the issue of removing a board member is difficult to address; that the Commission has never been asked to remove a member from a City board; that the vote by the NAB requesting removal of Ms. Quillin was unanimous and must be taken seriously; that the Commission chose the members of the NAB and must rely on their good judgment; however, Ms. Quillin was not present and could not speak for herself at the NAB meeting prior to the vote being taken; that Ms. Quillin was also advised no public input would be allowed on this agenda item; that the format being followed is unfair and she is uncomfortable voting on this issue tonight without affording Ms. Quillin an opportunity to speak. On motion of Commissioner Patterson, it was moved to postpone a decision on this item until New Business to provide Ms. Quillin an opportunity to address the Commission. Motion died for lack of a second. Vice Mayor Cardamone stated that Ms. Quillin could be allowed to address the Commission at this time. Mayor Merrill stated that hearing no objections, Ms. Quillin may come forward to address the Commission. Ms. Quillin, who was present in the Commission Chambers, did not come forward. Mayor Merrill stated that this specific situation is a direct result of a failure to follow Robert's Rules of Order; that a stricter adherence to Robert's Rules of Order would have prevented the situation from escalating; that advisory board members should appeal to the chairman for adherence to the rules if proper parliamentary procedures are not being followed. Mayor Merrill called for the vote on the motion to remove Mary Quillin from the NAB. Motion carried (3 to 1): Cardamone, yes; Patterson, yes; Pillot, yes; Merrill, no. 5. BOARD ACTIONS: REPORT RE: POLICE OFFICERS' PENSION BOARD - MOTION FAILED TO SET PROPOSED ORDINANCE NO. 96-3917 FOR PUBLIC HEARING (AGENDA ITEM II-2) #1 (0659) through (0988) John Schultz, Chairman, Al Hogle, Vice Chairman, and Roy McBean, Trustee, Police Officers' Pension Board came before the Commission. Mr. McBean stated that proposed Ordinance No. 96-3917 amends Chapter 24, Section 24-83, of the Code of Ordinances of the City of Sarasota by simplifying and clarifying the language that provides for the cost-of-living adjustment (COLA) to retired police officers; that currently, police officers are not eligible to receive a COLA until age 55, although normal retirement is at age 50 with 25 years of service; that the proposed ordinance also provides for issuance of a 13th check each February to retired police officers not eligible for the regular COLA increase; that the 13th check is an annual lump sum calculated in the same manner as the regular COLA increase; however, unlike the regular COLA, the increase is not added into the base pay of the monthly retirement check; that the provision will be funded from the Reserve Fund for Future Benefit Improvements which was established two years ago from excess earnings in the Pension Fund; that the benefit will not result in an increased contribution from the City; that approximately eight retirees are eligible for the benefit; that the proposed ordinance guarantees perpetuity by providing that the 13th check be reduced proportionately if the sum total of the checks to be issued exceeds 3.5% of the Reserve Fund balance; that the 13th check will be eliminated if the Pension Fund becomes jeopardized. Mr. McBean continued that the Board requests proposed Ordinance No. 96-3917 be set for public hearing. Mayor Merrill asked for the Administration's recommendation. Mr. Sollenberger stated that the Administration recommends the Commission refer the proposed amendment to the collective bargaining process and meet "Out of the Sunshine" to confer with City negotiators as to strategy, rather than setting the issue for public hearing. Book 39 Page 12548 11/20/95 6:00 P.M. Book 39 Page 12549 11/20/95 6:00 P.M. Mr. Schultz stated that the Police Officers' Pension Board represents police officers, command staff and retirees; that bargaining with the Police Benevolent Association (PBA) may not cover all the affected people. Commissioner Pillot asked if bargaining on this issue is required by the Public Employees Relations Commission? William Davenport, Director of Human Resources, came before the Commission and stated that the proposed COLA benefit is a mandatory subject for collective bargaining for those people represented by the PBA; however, not everyone in the pension plan is represented by the PBA. Commissioner Patterson asked if the Police Officers' Pension Board has the legal authority to set reserves aside for a future benefit? Mr. McBean stated yes. Commissioner Patterson asked if the Board has the ability to use reserves to enlarge the future-benefit account? Mr. McBean stated that the Board always has the ability to increase reserves for a future benefit; however, the 13th check is for a specified amount. Commissioner Pillot requested that the President of the local chapter of the Police Benevolent Association (PBA) be allowed to join the discussion. Mayor Merrill asked if the Commission has any objections. Mayor Merrill stated that hearing no objections, the President of the local chapter of the PBA may address the Commission. Robert Gorevan, President of the Southwest Florida Chapter of the PBA, came before the Commission, presented a letter to the Commission and stated that the by-laws of the PBA grant him complete authority to speak on behalf of the association; that the PBA is waiving all collective bargaining rights on the proposed amendment. Mayor Merrill asked for an interpretation. Mr. Davenport stated that the PBA has waived their right to collective bargaining; that the Commission will be waiving its right to collective bargaining on this issue if the Pension Board's recommendation is approved. On motion of Commissioner Pillot and second of Vice Mayor Cardamone, it was moved to set proposed Ordinance No. 96-3917 for public hearing. Motion failed (2 to 2): : Cardamone, yes; Patterson, no; Pillot, yes; Merrill, no. 6. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 4, AND 6 - APPROVED: ITEM NOS. 3 AND 5 APPROVED (AGENDA ITEM III-A) #1 (0990) through (1135) Commissioner Patterson requested that Items Nos. 3 and 5 be removed for discussion. 1. Approval Re: Set for Public Hearing proposed Ordinance No. 96-3911, amending Chapter 2, relating to Nuisance Abatement; allowing for the imposition of Civil fines against property owners creating a nuisance, by the Nuisance Abatement Board, in the amounts provided herein providing for the severability of the parts hereof; repealing ordinances and conflicts; etc. 2. Approval Re: Agreement between the City of Sarasota and the University of Florida, Institute of Food and Agricultural Sciences (IFAS), Educational Media and Services to develop the Florida Yards and Neighborhoods Program Video and Public Outreach strategies 4. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the final amendment to Nutri-Source, Inc. Contract, extending the agreement for one (1) ad- ditional year 6. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a professional services contract with George Palermo Architect, Inc., for a Turf Care and Maintenance Facility at the Bobby Jones Golf Complex On motion of Vice Mayor Cardamone and second of Commissioner Patterson, it was moved to approve Consent Agenda No. 1, Items 1, 2, 4, and 6. Motion carried unanimously (4 to 0): Cardamone, yes; Patterson, yes; Pillot, yes; Merrill, yes. 3. Approval Re: Authorize the Administration to negotiate and the Mayor and City Auditor and Clerk to execute a professional services contract with Boyle Engineering Corporation, (RFP # 96-3) for the Water Supply and Treatment System Improvements 5. Approval Re: Authorize the City Attorney to prepare and the Mayor and City Auditor and Clerk to execute a third amendment to the professional services contract with Post, Buckley, Schuh & Jernigan, Inc., (RFP #92-62) in the amount of $57,000 for the Citywide Sanitary Sewer Rehabilitation Project Book 39 Page 12550 11/20/95 6:00 P.M. Book 39 Page 12551 11/20/95 6:00 P.M. Commissioner Patterson stated that Item Nos. 3 and 5 can be discussed jointly; that the total amount of the project on Item No. 5 is not known; however, Item No. 3 is for approval of an amount equal to 20% of the entire project, which is a particularly high percentage; and asked for clarification from Staff. William Hallisey, Facilities Operations Manager, Public Works Department, came before the Commission and stated that Item No. 3 is for authorization to negotiate a contract for water system improvements, primarily to the water treatment area; that the dollar figure is high because the capital improvement program budget encompasses a five-year plan; that part of the five-year plan is a two-phase improvement to the water treatment facility; that the initial phase addresses approximately $1.5 million in immediate improvements to the water treatment facility; that the second phase focuses on developing a blueprint to address the entire water supply and treatment system; that a comprehensive planning document in addition to engineering services will be received. On motion of Commissioner Patterson and second of Vice Mayor Cardamone, it was moved to approve Consent Agenda No. 1, Item Nos. 3 and 5. Motion carried unanimously (4 to 0): Cardamone, yes; Patterson, yes; Pillot, yes; Merrill, yes. 7. CONSENT AGENDA NO. 2: ITEM 1 (ORDINANCE NO. 96-3615) ADOPTED; ITEM 2 (ORDINANCE NO. 96-3616) - ADOPTED (AGENDA ITEM III-B) #1 (1136) through (1261) Vice Mayor Cardamone requested that Item No. 2 be removed for discussion. City Auditor and Clerk Robinson read proposed Ordinance No. 96-3915 by title only. 1. Adoption Re: Second reading of proposed Ordinance No. 96-3915, amending the Ken Thompson Park Master Plan so as to allow for a minor expansion of the leasehold of Robert M. Weeks, New Wave Communications, L.P., sublessee; said expansion being necessary to allow for the paving of parking area and construction of an entrance ramp to meet requirements of the Americans with Disabilities Act; repealing ordinances in conflict; providing for the severability of parts hereof if declared invalid; providing for reading by title only; and providing an effective date. On motion of Vice Mayor Cardamone and second of Commissioner Patterson, it was moved to adopt proposed Ordinance No. 96-3915. Mayor Merrill requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0) : Cardamone, yes; Patterson, yes; Pillot, yes; Merrill, yes. City Auditor and Clerk Robinson read proposed Ordinance No. 96-3916 by title only. 2. Adoption Re: Second reading of proposed Ordinance No. 96-3916, pertaining to the attendance of Board Members at Board Meetings and the automatic removal of a member whose absences exceed twenty-five percent of all scheduled Board Meetings, including Workshop Meetings, in a given year; repealing ordinances in conflict; providing for the severability of parts hereof if declared invalid; providing for reading by title only; and providing an effective date. Vice Mayor Cardamone stated that the same comment is made now as at the time proposed Ordinance No. 96-3916 was first read; that advisory boards generally meet six times a year, every other month; that calculating 25% of six meetings is more cumbersome than the current method, which is that a board member will be removed after three consecutive, unexcused absences. On motion of Commissioner Pillot and second of Commissioner Patterson, it was moved to adopt proposed Ordinance No. 96-3916. Commissioner Patterson stated that the policy will be administered by the City Auditor and Clerk and asked for comment. City Auditor and Clerk Robinson stated that proposed Ordinance No. 96-3916 was amended between the first and second reading; that a Clause was added to permit an absence to be excused by a majority vote, plus one. Commissioner Pillot stated that the Vice Mayor's point is valid; that calculating 25% of an even number cannot be done; however, the ordinance refers to meetings missed in excess of 25%, which means that a board member is subject to removal after being absent from two meetings, if a board meets 6 times in 12 months. Mayor Merrill requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Cardamone, yes; Patterson, yes; Pillot, yes; Merrill, yes. Mayor Merrill requested City Auditor and Clerk Robinson to explain the public hearing process. City Auditor and Clerk Robinson stated that at this time petitioners have 15 minutes to address the Commission and 5 minutes for rebuttal; that any citizen who has signed up to speak has 5 minutes. Book 39 Page 12552 11/20/95 6:00 P.M. Book 39 Page 12553 11/20/95 6:00 P.M. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. 8. PUBLIC HEARING RE: PROPOSED PRELIMINARY SITE AND DEVELOPMENT PLAN 95-PSD-0 TO PERMIT THE CONSTRUCTION OF A BUILDING TO BE KNOWN AS THE DANTO CENTER FOR USE AS AN ADMINISTRATION AND REHEARSAL STUDIO FACILITY FOR THE SARASOTA BALLET OF FLORIDA ON PROPERTY LEASED FROM THE CITY OF SARASOTA; THE PROPOSED BUILDING WILL BE LOCATED ON THE WEST SIDE OF VAN WEZEL WAY AND BOUTH OF THE WEST COAST SYMPHONY BUILDING WITHIN THE CIVIC CENTER COMPLEX ON NORTH TAMIAMI TRAIL (U.S. 41), IN A GOVERNMENT (G) ZONE DISTRICT = APPROVED WITH THREE CONDITIONS: REFERRED TO THE ADMINISTRATION THE ISSUE OF COMMISSION APPROVAL OF BUILDING DESIGN ON CITY-OWNED PROPERTY (AGENDA ITEM IV-1) #1 (1310) through (3092) Jane Robinson, Director of Planning and Development, came before the Commission and stated that approval of proposed Preliminary Site and Development Plan 95-PSD-0 will permit the construction of a building to be known as The Danto Center for use as an administration and rehearsal studio facility for the Sarasota Ballet of Florida; that a Special Exception to permit construction of the facility on City property, which is in a Government (G) zone district, was approved in March 1991; that a preliminary site and development plan, 91-PSD-I, was approved in April 1991; that the site was included in the Civic Center Master Plan in 1992. Ms. Robinson continued that the Planning Board/Local Planning Agency (PBLP) found 95-PSD-0 consistent with the Sarasota City Plan and the Tree Protection Ordinance at its meeting of October 10, 1995 and recommends approval, subject to the following three conditions: 1. The oak trees on the south side of the building will be saved, with the exception of the oak trees located directly in the drive lane. 2. The petitioner will modify the site grading to preserve the oak trees and avoid filling around the oak trees in a manner that would kill the trees. 3. The petitioner will relocate all of the sabal palms on site or on the Symphony site next door. Commissioner Pillot asked if the conditions with respect to trees present a problem for the Ballet? Ms. Robinson stated no. City Manager Sollenberger stated that the Administration recommends approving 95-PSD-0 subject to the three conditions recommended by the PBLP. Richard Trumpler, 7601 Weeping Willow Boulevard (34241), President of the Board of the Sarasota Ballet of Florida, Joel Freedman, Bishop & Associates, and Gary Hoyt, Gary B. Hoyt Architects, came before the Commission. Mr. Trumpler recognized Jean Weidner, Founder of the Sarasota Ballet of Florida, Ken Weidner, Chairman of the Building Committee, Robert de Warren, Artistic Director, and Susan Lagg, Executive Director, who were present in the audience; and requested that members of the board and staff as well as dancers with the Ballet stand to demonstrate their support of the proposal. Mr. Trumpler stated that a new facility was first envisioned in 1990; that a preliminary site and development plan was approved in 1991; that funds for construction have been raised and a construction loan secured; that 95-PSD-0 for a 32,000 square-foot building, which was recently presented to and approved by the PBLP, is recommended for approval. Commissioner Patterson stated 95-PSD-0 is not a reactivation of the original site plan; that the plan has been changed substantially; and asked for clarification of the changes made. Mr. Freedman distributed a location plan, a proposed site plan dated March 1992, and ground level and second level floor plans and stated that his involvement with the project began in 1990; that the original site plan, 91-PSD-I, was developed in conjunction with approval of a Special Exception; that a lease with the City was secured after a year of negotiations; that refinements to the original plan were made and submitted to the Commission; that a workshop with the Commission and an extensive site visit occurred on July 16, 1992. Mr. Freedman continued that permitting the Ballet facility to be built next to the Symphony building was a sound concept when the Civic Center Master Plan was developed since the Ballet has an endowment fund which permits the Symphony to play at ballet pertormances; that the lease originally signed with the City allowed three years for the Ballet to raise building funds of approximately $2.5 million; therefore, an assumption was made that 91-PSD-I would also be in effect for three years; however, 91-PSD-I expired after one year; that the Ballet should not have to present another preliminary site and development plan as the original plan should not have become inactive; that the Ballet was informed of the expiration while in the process of submitting an application for a building permit. Book 39 Page 12554 11/20/95 6:00 P.M. Book 39 Page 12555 11/20/95 6:00 P.M. Commissioner Patterson asked if 95-PSD-0 is identical to the plan of March 1992? Mr. Freedman stated that the site plan is not identical; however, the building is the same building. Commissioner Patterson stated that the facility has been enlarged substantially. Mr. Freedman stated that is correct; that one of the conditions in the lease and the Special Exception required final site plan approval by the Commission; that the Commission was aware refinements to the plan would be made. Commission Patterson asked if 95-PSD-0 had previously been approved by the Commission or if the plan had been approved as part of the lease? Mr. Freedman stated that 91-PSD-I was approved by the Commission on April 1, 1991; that the Commission reviewed the refinements to the building plan in 1992 during the site visit; that subsequently 91-PSD-I expired; that 95-PSD-0 illustrates the building with refinements; that the lease does not state a specific footprint of the building but does include a legal description of the property. Commissioner Patterson asked if the lease approved by the Commission granted the Ballet the right to construct a building of undetermined size as long as the building is on the property? Mr. Freedman stated that the Commission has final site plan approval rights. Commissioner Patterson asked if the Commission is expected to grant final site plan approval at this meeting? Mr. Freedman stated no; that approval is requested for 95-PSD-O; that the Ballet wants to ensure that the proposed facility is in compliance with the wishes of the Commission; that refinements to the plan have been made to meet the Ballet's present needs for administrative offices and rehearsal facilities; that the Ballet has grown since 91-PSD-I which was for a 17,000 square-foot building was approved. Commissioner Patterson stated that the size of the building is difficult to determine since the building has two levels. Mr. Freedman stated that 95-PSD-0 reflects the building size required to meet the Ballet's anticipated needs which will eliminate the need to return to the Commission with revisions in the future; that the building proposed is larger than the one originally approved but will be appropriate for the site. Mr. Freedman continued that the Ballet should be making a presentation at this meeting for final site plan approval as a preliminary site plan was already approved. Commissioner Patterson stated that the Commission is supposed to judge the merits of the plan submitted at this meeting; however, a statement was made that a presentation at this meeting would be unnecessary since approval for the facility had already been given; that the PBLP minutes indicate a concern about tree preservation; that many of the trees on the property are located exactly where the building will be constructed; that a concern about the proximity of the building to the lagoon was raised when 91-PSD-I was submitted; that 95-PSD-0 shows the building even closer to the lagoon; that according to the meeting minutes, the PBLP was concerned it did not have the prerogative to address the issue of proximity to the lagoon; that now a statement has been made that the Commission does not have the prerogative to address the issue of proximity to the lagoon. Mr. Freedman stated that the Commission had 91-PSD-I when the workshop and site visit took place in 1992; that refinements were made to the plan between the time 91-PSD-I was approved and the site visit in July 1992. Commissioner Patterson asked if a Commission vote was taken to approve the plan in July 1992? Mr. Freedman stated that the Commission approved the lease after the site visit in 1992. Commissioner Patterson asked if the site plan was attached to the lease? Mr. Freedman stated that no site plan was attached to the lease. Mr. Freedman referred to a general site and utility plan displayed on the overhead projector to explain the proposal and stated that the PBLP was concerned about the oak trees on the site; that one oak tree in the middle of the site will not be preserved; that some oak trees on the edge of the retention pond and in the parking lot will be preserved; that all the palm trees will be relocated either to another location on the site or given to an organization which expressed interest in receiving the sabal palms; that a bridge over the lagoon to connect The Danto Center to the main area of the Van Wezel Performing Arts Hall (VWPAH), which is referenced in the Civic Center Master Plan, has been included; that the Symphony building and The Danto Center will share a patron drop-off area; that one box office serving the Symphony and The Danto Center is a possibility in the future; that the administration area and some studios will be located on the first floor; that studios, locker rooms, etc., will be located on the second floor; that The Danto Book 39 Page 12556 11/20/95 6:00 P.M. Book 39 Page 12557 11/20/95 6:00 P.M. Center's service drive will be connected to the Symphony building's service drive. Mr. Trumpler stated that the Ballet has grown tremendously over the last few years; that the Ballet employs more than forty people and has a budget in excess of $1.6 million; that the Ballet's artistic capabilities, as evidenced by the recent production of Sleeping Beauty, have also increased tremendously; that affiliates are proud of the Ballet's progress. Mr. Hoyt referred to a board display and the floor plans previously distributed to explain the structure of the building, which will be divided into two sections, and stated that one section will be a service area where sets will be created and stored; that the other side is for studios, etc.; that the front of the building includes the shared drop-off area, the box office, and the administration area; that four rehearsal studios are located on the first floor; that the dancers rehearsing in the grand studio will be visible as patrons enter the building to purchase tickets; that The Danto Center will be a working building for dancers, administrative staff, and volunteers; that the second floor includes classrooms, two additional studios, and rooms in which the dancers can relax; that the views from the building will overlook Sarasota Bay. Vice Mayor Cardamone asked if the main studio on the first floor can be viewed from the second floor? Mr. Hoyt stated that a viewing area overlooking the grand studio was originally planned; however, cost is a consideration; that every attempt will be made to include a viewing area. Mr. Freedman stated that the concern regarding proximity to the water is understood; however, one section of the Selby Library is set back 30 inches from the water; that a precedence exists to construct buildings in the Civic Center area close to the water; that The Danto Center will be no closer to the water than 7 feet; that the mangroves will not be disturbed; that the building will be raised to the required floor elevation to prevent flooding; that the view overlooking the Bay will be spectacular; that everyone associated with the Ballet is looking forward to approval of 95-PSD-0. Mayor Merrill opened the public hearing. There was no one signed up to speak, and Mayor Merrill Closed the public hearing. Commissioner Patterson asked for clarification of the location of The Danto Center in relation to the Symphony building and the Selby Library. Mr. Hoyt stated that the Symphony building is to the right of The Danto Center; that the trees between the two buildings will be preserved; that the Library is on the other side of the lagoon; that the bridge connecting The Danto Center to the VWPAH area containing the sculpture is similar to the bridge near the Library; that the proposed bridge is an important aspect of the plan and will create a nice circulation pattern. Mayor Merrill asked if the bridge is part of 95-PSD-0? Mr. Hoyt stated that the plan for the bridge will be submitted at a future time. Commissioner Pillot stated that the City of Sarasota has had a long-standing reputation for excellence in the arts; that the Sarasota Ballet of Florida is a jewel which is becoming part of a crown of jewels. On motion of Commissioner Pillot and second of Commissioner Patterson, it. was moved to approve Preliminary Site and Development Plan No. 95-PSD-0, subject to the three conditions recommended by the PBLP; that a stipulation will be added to the third condition that the sabal palms can be donated to an off-site organization. Mr. Freedman stated that the Ballet will be glad to donate the sabal palms to any organization approved by the Commission. Mayor Merrill stated that hearing no objections, a stipulation will be added to the third condition stating: or any site approved by the City Manager. Vice Mayor Cardamone stated that she has some concern about the proximity to the water; that the PBLP minutes reflect similar concerns and asked the setback required from the water if the property were not City owned and in a G zone district? Ms. Robinson stated that no standards regarding setbacks, maximum lot coverage, or parking are established in a G zone district; that the decision not to set standards was intentional to allow flexibility; that the waterfront setback for residential and commercial buildings is usually 30 feet. Vice Mayor Cardamone stated that the minutes of the PBLP meeting indicate a Staff member commented that the Civic Center Master Site Plan is deficient and does not address some of the issues raised by the PBLP; and asked for clarification. Ms. Robinson displayed the Civic Center Master Site Plan on the overhead projector and stated that certain buildings will be part of the Civic Center; that a building footprint for the Ballet facility is part of the Plan; however, a building size is not specified; that one of the purposes of the Civic Center Master Site Plan is to improve drainage, parking, and circulation for the Book 39 Page 12558 11/20/95 6:00 P.M. Book 39 Page 12559 11/20/95 6:00 P.M. VWPAH; that certain uses, i.e., the tennis courts, will be eliminated; that the Staff member probably meant that a 17,000 or 32,000 square-foot building definition was not indicated in the Plan. Vice Mayor Cardamone stated that constructing a building 7 feet from the water is of concern to her. Commissioner Pillot stated that the waterway in question is a small lagoon, not Sarasota Bay. Vice Mayor Cardamone stated that the site on which the building will be constructed is beautiful; that the proposed building will, no doubt, be gorgeousi; however, the adjacent waterway is tidal and rising water could be a serious problem; that tides over 10 feet have not occurred in many years; that nevertheless, rising water is a serious concern. Timothy Litchet, Acting Director of Building, Zoning, and Code Enforcement, came before the Commission and stated that the requirement for a 30-foot setback from the water is primarily to assure visibility of the waterway by adjacent property owners; that the setback with regard to The Danto Center is not a major consideration. Vice Mayor Cardamone stated that the explanation is helpful. Commissioner Patterson stated that The Danto Center comes Closest to the water at the narrowest section of the waterway; that she shares concern about the ecological considerations; however, the nicest view of the water is at the widest section; that funds were expended to restore the lagoon; that concern about the public's ability to walk around the building and enjoy the beautiful vista has been allayed since studying the drawing; that the building is sufficiently set back to allow for the public to enjoy the views; that concern is expressed regarding the mangroves; and asked if the mangroves will have to be cut to allow for construction? Mr. Litchet stated the mangroves will not be disturbed. Mr. Sollenberger stated that during the 1992 site visit by the Commission, the building footprint was plotted and the Engineering Department had the corners of the building staked out; that the Commission had a major concern regarding whether the location of the building would impede the public's ability to walk around the building at the water's edge; that the footprint has not been altered; that The Danto Center will not be closer to the water than originally planned. Vice Mayor Cardamone stated that some of her questions world have been answered had she been a member of the Commission in 1 92 when the site visit took place. Mayor Merrill restated the motion as to approve 95-PSD-0, subject to the three conditions recommended by the PBLP, with No. 3 being slightly modified, as follows: 1. The oak trees on the south side of the building are to be saved, with the exception of the oak trees located directly in the drive lane. 2. The petitioner will modify the site grading to preserve the oak trees and avoid filling around the oak trees in a manner that would kill the trees. 3. The petitioner will relocate all of the sabal palms on site, on the Symphony site next door, or on any site approved by the City Manager. Motion carried unanimously (4 to 0): Cardamone, yes; Patterson, yes; Pillot, yes; Merrill, yes. Vice Mayor Cardamone stated that approval of building designs should be included in the lease-granting process for construction on City-owned property; that building footprints and architectural styles are two aspects which should be reviewed by the Commission prior to signing a lease; that the worst-case scenario would be an unwanted building on City-owned property; that an organization may not be able to maintain a building after construction; that a building may have no value to the City because of its design; that the Commission should have the right to study the design of all buildings planned for construction on City-owned land before agreeing to sign a lease. Commissioner Patterson stated that she agrees; that the standard City lease should be modified to assure the Commission the right to approve building designs. Commission Patterson continued that the distance of The Danto Center from the water is still a concern; that 7 feet may not be enough space for the public to walk around the building near the water's edge; that the final plan may answer the question of public access to the waterway; that a very serious concern is the PBLP was given the impression that it did not have any prerogatives with regard to the site plan; that the PBLP did have prerogatives; that the true opinions of the PBLP are difficult to perceive from the result of the vote on 95-PSD-O; that one wonders what the PBLP vote would have been if the Board's true opinions were expressed; that nevertheless, support is given for 95-PSD-0 with the hope that Book 39 Page 12560 11/20/95 6:00 P.M. Book 39 Page 12561 11/20/95 6:00 P.M. public access to the waterway will be assured before the final plan is approved. Mayor Merrill stated that there is a consensus to refer to the Administration the issue of providing the Commission the right to review the design of all buildings planned for construction on City-owned property prior to the signing of a lease. 9. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 96-3918, AN ORDINANCE OF THE CITY OF SARASOTA TO APPROVE PETITION 95-CA-01 REQUESTING AN AMENDMENT TO THE ZONING CODE OF THE CITY OF SARASOTA, ARTICLE VII, DIVISION 9, SECTION 8-96, PERTAINING TO SIGN REGULATIONS IN THE COMMERCIAL, TOURIST (CT) ZONE DISTRICT; SAID PROPOSED AMENDMENT WOULD PERMIT A DIRECTORY SIGN FOR BUSINESSES TO BE PLACED IN THE PUBLIC RIGHT-OF-WAY ALONG ST. ARMANDS CIRCLE UPON THE ISSUANCE OF AN ENCROACHMENT PERMIT; THE ZONING CODE CURRENTLY PROHIBITS SIGNS IN THE PUBLIC RIGHT-OF-WAY: MORE PARTICULARLY DESCRIBED HEREIN; ETC. (TITLE ONLY) PETITION NO. 95-CA-01 - PASSED ON FIRST READING WITH AMENDMENT TO SECTION 8-96 (E) SUB-PARAGRAPK (2) (AGENDA ITEM IV-2) #1 (3100) through #2 (0643) Jane Robinson, Director of Planning and Development, came before the Commission and stated that proposed Ordinance No. 96-3918 amends the Zoning Code pertaining to sign regulations in the Commercial Tourist (CT) zone district; that the proposed, privately initiated amendment will permit, upon issuance of an encroachment permit, placement of a directory sign for businesses in the public right-of-way along St. Armands Circle; that the Planning Board/Local Planning Agency (PBLP), at its meeting of October 10, 1995, recommended approval of Petition No. 95-CA-01, exempting wood and combustible signs from the prohibitions in the CT district. Vice Mayor Cardamone asked for an explanation of a privately initiated code amendment. Ms. Robinson stated that the proprietors on Fillmore Drive hired a consultant who prepared a code amendment which Staff modified; that Staff did not initiate the code amendment, which is subject to the billable fee system. Bruce Franklin, Land Resource Strategies, Inc.. 149 Cocoanut Avenue (34236), representing the petitioners who are the merchants in the Old Colony Building on Fillmore Drive, came before the Commission, distributed a computer-generated photograph of an existing sign located at the intersection of St. Armands Circle and Fillmore Drive and stated that the proposed ordinance will permit the existing sign to remain; that the following proprietors are in attendance: Sydney Hauser of The Tabby Cat, Mike Jeffreys of Uniquity; Jim Condrack of Little Bo-Tique, and Jack Bennington of Bennington Tobacco. Mr. Franklin continued that Fillmore Drive is the only street on the Circle which is not a prime artery street; that in 1993 Ms. Hauser asked the store owners whether there was an interest in having a sign erected on Fillmore Drive; that people who frequent the Circle do not always walk along Fillmore Drive since it is not part of the Circle itself; that, with unanimity, all the property owners and tenants signed a petition to proceed; that an encroachment permit was issued; that discussions were held with the attorney who represents William Carman, proprietor of Carman's Shoes; that the attorney appeared before the Planning Board/Local Planning Agency (PBLP) and expressed some concerns about the sign; that the limitations of the proposed ordinance should satisfy all relevant concerns; that the only alternative is to remove the sign completely; that the sign is in good taste; that business activity in the Old Colony Building has increased by 30% since the sign was erected. Mr. Franklin further stated that an encroachment permit was obtained for the sign in 1994; that the merchants were informed that the permit was issued improperly on the annual renewal date; that a determination was made that a private sign in the public right-of-way was not legal which was the catalyst for the proposed ordinance; that the City Manager has allowed the sign to remain in its present location until such time as the Commission takes action; that the PBLP unanimously recommended approval of the proposed code amendment. Commissioner Patterson asked if the size stated in the proposed ordinance corresponds with the size of the existing sign? Mr. Franklin stated yes. Mayor Merrill opened the public hearing. The following person came before the Commission: William Carman, proprietor of Carman's Shoe Store, 1150 Morningside Place (34236), distributed packets to the Commission containing photographs of the existing directory signs which are allowed by Special Exception and the Fillmore Drive sign and stated that a Special Exception has been in effect since the 1980s permitting directory signs along St. Armands Circle; that the sign erected by the Fillmore Drive merchants is not 40 inches by 40 inches; that the sign is illegal and should never have been erected; that a City employee in the Engineering Department who was unfamiliar with requirements. for signage approved the permit; that the responsibility for regulating signs should not have been transferred from the Building Department to the Engineering Book 39 Page 12562 11/20/95 6:00 P.M. Book 39 Page 12563 11/20/95 6:00 P.M. Department; that a newly constructed parking facility is now in use nearby; that the Administration stated the sign might be removed following the completion of the parking facility. There was no one else signed up to speak, and Mayor Merrill closed the public hearing. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 96-3918 on first reading. City Auditor and Clerk Robinson read proposed Ordinance No. 96-3918 by title only. Mr. Franklin stated that Mr. Carman has served the City well for many years; that the existing sign does not impede visibility of the Carman's Shoes sign; that a petition was signed by William Carman III and all the condominium owners; that the merchants on Fillmore Drive began the process of getting approval from the City based on the signed petition; that an encroachment permit was granted. Vice Mayor Cardamone asked if the existing sign met the measurement requirements? Mr. Franklin stated the sign including the posts is larger than 40 inches by 40 inches. Vice Mayor Cardamone asked why Carman's Shoes is not included on the sign? Mr. Franklin stated that Carman's Shoes is not located in the Old Colony Building. Commissioner Patterson stated the words "exclusive of posts" are necessary for the Fillmore Drive sign to conform to the proposed ordinance. On motion of Commissioner Pillot and second of Commissioner Patterson, it was moved to pass proposed Ordinance No. 96-3918 on first reading, with a change to the wording in Section 8-96 (e) sub-paragraph (2) to read: 40 inches in height and 40 inches in width exclusive of posts. Commissioner Patterson stated that allowing a sign which the Zoning Code does not permit is a concerni that Mr. Carman has been a major contributor to the City in the past; however, the Fillmore Drive sign does not detract from Carman's Shoes; that the Fillmore Drive sign may draw people's eyes naturally to the Carman's Shoes sign, which is far larger and more impressive than the Fillmore Drive sign; that Fillmore Drive is a dead-end street and, therefore, different from the other streets along St. Armands Circle; that other stores along the Circle do not require signs of the size required by the Fillmore Drive merchants in order to attract customers. Vice Mayor Cardamone stated that, as a retailer, she understands the importance of signage; that Mr. Carman's objection to this sign in front of his store window is understood; that the Fillmore Drive merchants would object to a similar sign placed in front of one of their store windows; that a more appropriate place for the sign may have been on the sidewalk at the corner of the street as a directional sign; that directory signs have been permitted; that the code amendment as proposed excludes the posts from the dimensions; that posts can be concrete blocks; that an all- inclusive amount of square footage is permitted for building signage; that the new parking lot will attract more people to Fillmore Drive making the existing Fillmore Drive sign of less importance than when originally erected; that amending the Zoning Code for one specific sign on one specific corner may not be appropriate. Mayor Merrill requested that City Auditor and Clerk Robinson proceed with the roll-call vote to pass proposed Ordinance No. 96-3918 on first reading, with a change to the wording in Section 8-96 (e) sub-paragraph (2) to read: 40 inches in height and 40 inches in width exclusive of posts. Motion carried unanimously (4 to 0) : Cardamone, yes; Patterson, yes; Pillot, yes; Merrill, yes. 10. PUBLIC HEARING RE: PROPOSED RESOLUTION NO. 96R-857, PERTAINING TO QUABI-JUDICIAL PROCEEDINGS AND EX-PARTE COMMUNICATIONS BY MEMBERS OF THE CITY COMMISSION, PLANNING BOARD OR BOARD OF ADJUSTMENT ON PENDING QUABI-JUDICIAL MATTERS; EXEMPTING EX-PARTE COMMUNICATIONS FROM A PRESUMPTION OF PREJUDICE: SETTING FORTH FINDINGS; PROVIDING FOR THE SEVERABILITY OF PARTS HEREOF IF DECLARED INVALID; PROVIDING FOR READING BY TITLE ONLY: AND PROVIDING AN EFFECTIVE DATE (TITLE ONLY) - ADOPTED (AGENDA ITEM IV-3) #2 (0645) through (0802) City Attorney Taylor stated that proposed Resolution No. 96R-857 will permit a member of the City Commission, Planning Board, or Board of Adjustment to discuss with any person the merits of any matter to be heard in a quasi-judicial setting; that the following four requirements shall apply to the Commissioners and board members: 1. Written communication - the written communication shall be provided to the City Auditor and Clerk and shall be made part of the record prior to final action. Book 39 Page 12564 11/20/95 6:00 P.M. Book 39 Page 12565 11/20/95 6:00 P.M. 2. Oral communication - the subject of the communication and identity of the person, group or entity with whom the communication took place shall be disclosed prior to final action. 3. Investigations investigations conducted, site visits made or expert opinions received shall be made part of the record prior to final action. 4. Disclosures disclosures are required and shall be made before or during the public meeting at which a vote is taken on the matter so that persons who have opinions contrary to those expressed in the ex-parte communication are given a reasonable opportunity to refute or respond to the communication. City Manager Sollenberger stated that the Administration recommends adopting proposed Resolution No. 96R-857. Mayor Merrill opened the public hearing. The following person came before the Commission. E.W. Babb, 1886 Bahia Vista Street (34239), stated that he urges the Commission to pass the proposed resolution; that the current regulations regarding ex-parte communications make proceedings difficult for quasi-judicial officers and affected property owners; that, for example, developers speak with Commissioners before filing petitions; that petitions are subsequently filed with the Office of the City Auditor and Clerk; that residents should have the opportunity to discuss important issues with the Commission after petitions are filed. There was no one else signed up to speak, and Mayor Merrill closed the public hearing. City Auditor and Clerk Robinson read proposed Resolution No. 96R-857 by title only. On motion of Vice Mayor Cardamone and second of Commissioner Pillot, it was moved to adopt proposed Resolution No. 96R-857. Vice Mayor Cardamone stated that maintaining records may be difficult; however, the Commission should undertake the burden of keeping records of ex-parte communications in order to have a relationship with the public, developers, and residents again. Mayor Merrill requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Cardamone, yes; Patterson, yes; Pillot, yes; Merrill, yes. 11. SCHEDULED PRESENTATION RE: REOUEST FOR A "PARTNERSHIP" RELATIONSHIP BETWEEN THE CITY OF TEL MOND, ISRAEL, AND THE CITY OF SARASOTA = APPROVED ESTABLISHMENT OF A PARTNERSHIP RELATIONSHIP AND DIRECTED ADMINISTRATION TO PREPARE A FORMAL RESOLUTION (AGENDA ITEM V) #2 (0808) through (1020) Howard G. Crowell, Jr., Vice President, Sarasota Sister Cities Association, came before the Commission and stated that adoption of a resolution to make Tel Mond, Israel, a special partner of the City of Sarasota is recommended. Mr. Crowell continued that Tel Mond, a very small city in Israel, was established in 1929 with forty inhabitants; that the city was named after Alfred Mond, who founded the Palestinian Plantation Company for the purpose of buying land from the Arabs to plant citrus groves; that Tel Mond is a suburb of Tel Aviv; that in 1979 Tel Mond was included in Israel's Project Renewal and in 1989 the Sarasota-Manatee Jewish Federation adopted Tel Mond as a Project Renewal City; that in 1989 a public library was constructed in Tel Mond with pledges from Alex and Betty Schoenbaum; that in 1991 a bequest from the wills of Selma and David Sheldon was made for the children of Tel Mond; that from 1989 to the present the Sarasota- Manatee Jewish Foundation has funded a learning center, summer community cultural programs, educational projects, and has provided scholarships and books for the people of Tel Mond; that representatives from Tel Mond traveled to Sarasota this year to work in a local Jewish Community Center. Mr. Crowell further stated that the Sarasota Sister Cities Association is not requesting that Tel Mond become a Sister City since Tel Mond does not meet the qualifications at this time; that a Special Partnership between Tel Mond and the City of Sarasota is requested; that Sarasota currently has three Sister Cities which are: Santo Domingo, Dominican Republic; Hamilton, Ontario, Canada; and Perpignan, France; that the City of Sarasota also has a Special Partnership with Vladimir, Russia. Vice Mayor Cardamone asked for clarification of a Special Partnership? Mr. Crowell stated that a Special Partnership entails cultural exchanges, special visitations, providing hospitality for visitors from Tel Mond to Sarasota and vice versa; that the relationship would essentially be the same as the relationship between the City of Sarasota and its Sister Cities. city Manager Sollenberger stated that the Administration recommends directing a formal resolution be prepared to establish a partnership relationship between the City of Tel Mond and the City of Sarasota. Book 39 Page 12566 11/20/95 6:00 P.M. Book 39 Page 12567 11/20/95 6:00 P.M. On motion of Commissioner Patterson and second of Commissioner Pillot, it was moved to establish a partnership relationship between the City of Tel Mond, Israel, and the City of Sarasota and to direct the Administration to prepare a formal resolution for City Commission approval. Motion carried unanimously (4 to 0): Cardamone, yes; Patterson, yes; Pillot, yes; Merrill, yes. 12. CITIZENS' INPUT CONCERNING CITY TOPICS - PROCLAIMED DECEMBER 12, 1995, THANK YoU TO THE SARASOTA CITY FIRE DEPARTMENT DAY AND DIRECTED A PROCLAMATION BE PREPARED AND TRANSMITTED (AGENDA ITEM VI) #2 (1027) through (1387) The following people came before the Commission: Ken Smiley, P.O. Box 2025 (34230), stated that toxins have polluted Florida waterways; that insecticides used to control mosquitos have been harmful to bird life; that elected officials should speak out in support of curbing the use of pollutants; that civilization is in decline, and referred to an editorial he wrote last September denouncing civilization. Mayor Merrill stated that the editorial will be given to the City Auditor and Clerk and entered into the public record. Melanie Eckstein, 1240 4th Street (34236), stated that street markings on the corners of Main Street and Osprey Avenue have become dull, creating a dangerous situation as the markings cannot be seen at night. Ms. Eckstein continued that the sidewalks on the north side of the block on which she resides have been replaced; that construction of a new sidewalk on her side of the street is favorably anticipated. Ms. Eckstein further stated that parking is allowed only on the south side of 4th Street; that numerous automobiles are parked in on the north side, facing west; that automobile owners who park their cars in the wrong direction should be warned, if not ticketed; that a dangerous situation exists since automobiles enter U.S. 41 and Cocoanut Avenue from the wrong direction. Mayor Merrill requested that the Administration respond to Ms. Eckstein on the three issues raised. Mr. Sollenberger stated that the Administration will respond. Paul N. Thorpe, representing The Downtown Association of Sarasota 47 South Palm Avenue (34236), stated that the Commission's recent efforts on behalf of the proposed library are appreciated; that the First Annual Downtown Christmas Parade sponsored by The Downtown Association will take place on December 2, 1995; that the occasion will provide an opportunity to thank the City of Sarasota Fire Department for 85 years of quality and faithful service; that a request is being made that the Commission proclaim December 2, 1995, as Thank You to the Sarasota City Fire Department Dayi that Fire Chief Julius Halas will be honored as the Grand Marshal of the Parade and will be accompanied by past Fire Chiefs Tom Fields and Harold Stinchcomb. Mayor Merrill stated that, hearing no objections, December 2, 1995, is proclaimed Thank You to the Sarasota City Fire Department Day; that a formal proclamation will be prepared and forwarded. 13. UNFINISHED BUSINESS: ADOPTION RE: SECOND READING OF PROPOSED ORDINANCE NO. 96-3912, AMENDING CHAPTER 24, PERSONNEL, ARTICLE II, PENSIONS, DIVISION 2, FIRE, OF THE CODE OF DIVISIONS OF THE CITY OF SARASOTA; AMENDING AND RESTATING SECTIONS 24-21 THROUGH 24-51, INCLUSIVE; PROVIDING FOR THE PARTICIPATION OF THOSE FIREFIGHTERS WHO BECOME COUNTY EMPLOYEES; PROVIDING FOR THE PARTICIPATION OF PARAMEDICS AND EMERGENCY MEDICAL TECHNICIANS; PROVIDING FOR A DEFINITION OF CONSOLIDATION: PROVIDING FOR A DEFINITION OF RETIRE OR RETIREMENT; PROVIDING FOR THE ADOPTION OF RECENTLY ENACTED LEGISLATIVE PRESUMPTIONS RELATED TO DISABILITY; PROVIDING FOR A PROHIBITION ON A PARTICIPANT'S RECEIPT OF NORMAL OR EARLY RETIREMENT PENSION BENEFITS IN THE EVENT THAT THE PARTICIPANT IS EMPLOYED AS A FIREFIGHTER BY EITHER THE CITY OR THE COUNTY; PROVIDING FOR AN AMENDMENT TO SECTION 24-38 PERTAINING TO A PARTICIPANT'S OPTIONS UPON CONSOLIDATION: PROVIDING FOR AN AMENDMENT TO THE RULES RELATING TO RE-EMPLOXMENT AFTER SEPARATION: PROVIDING FOR AN AMENDMENT TO THE COST OF LIVING ADJUSTMENT PROVISIONS OF THE CODE; PROVIDING FOR THE SUSPENSION OF BENEFITS; PROVIDING FOR READING BY TITLE ONLY; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL DIVISIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE (TITLE ONLY)- ADOPTED (AGENDA ITEM VII-2) #2 (1398) through (1599) City Manager Sollenberger stated that the Administration recommends adoption of proposed Ordinance No. 96-3912. City Auditor and Clerk Robinson read proposed Ordinance No. 96-3912 by title only. Commissioner Pillot asked if the following provision is necessary for the Interlocal Agreement on Fire-Rescue Consolidation to be totally acceptable to the Board of County Commissioners: a prohibition on a participant's receipt of normal or early retirement pension benefits in the event that the Book 39 Page 12568 11/20/95 6:00 P.M. Book 39 Page 12569 11/20/95 6:00 P.M. participant is employed as a firefighter by either the City or the County. ? Mr. Sollenberger stated that the County Commission requested the provision be included in the Interlocal Agreement; that the Interlocal Agreement is being presented to the County Commission tomorrow with the understanding that proposed Ordinance No. 96-3912 will be approved at this meeting of the City Commission. Commissioner Pillot stated that anyone who has made a career of protecting the public cannot be paid enough for serving the community; that City firefighters, who as a result of consolidation will become County firefighters, should receive the maximum, legal compensation possible; however, the referenced provision is required for a successful consolidation; that support for the proposed Ordinance is given with a feeling of regret. On motion of Commissioner Patterson and second of Vice Mayor Cardamone, it was moved to adopt proposed Ordinance No. 96-3912 on second reading. Mayor Merrill requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Cardamone, yes; Patterson, yes; Pillot, yes; Merrill, yes. 14. UNFINISHED BUSINESS: APPROVAL RE: AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE THE FOLLOWING INTERLOCAL AGREEMENTS: (A) FIRE/RESCUE CONSOLIDATION: (B) VEHICULAR MAINTENANCE; (C) PINECRAFT FIRE CONTROL DISTRICT; AND (D) PUBLIC SAFETY COMMUNICATIONS = APPROVED; DIRECTED THE ADMINISTRATION TO TRANSMIT A COMMISSION POLICY-STATEMENT LETTER TO POLICE DEPARTMENT PERSONNEL (AGENDA ITEM VII-1) #2 (1585) through #3 (1043) City Manager Sollenberger stated that the Administration is requesting approval of four interlocal agreements which were presented and discussed in detail at the October 2, 1995, City Commission workshop and which concern: Fire and Emergency Medical Services, Emergency Vehicle Repair and Maintenance, Pinecraft Fire Control District, and Emergency Communications Services; that the City and County Administrations have discussed, explored, and negotiated the prospects of - the Interlocal Agreements and consolidation over the past five years; that the consolidations of Fire/Rescue and Public Safety communications are critical to the City's long-term, financial management strategy; that the Fire/Rescue and Public Safety consolidations will accomplish the following: 1) divest the City of operating expenditures which will ultimately exceed $10 million and equates to a 27% reduction in the 1995/96 General Fund expenditures of $37 million, 2) more evenly spread costs and benefits of Fire/Rescue and public safety communications through the urbanized area, 3) provide for greater efficiency in delivery of services with savings to both the City and the County, and 4) save City property owners approximately $7 million over the first five years and $3.3 million annually commencing in the year 2000. FIRE/RESCUE CONSOLIDATION Mr. Sollenberger stated that the Fire/Rescue consolidation will be phased in over a five-year period; that beginning in the year 2000, the total cost of the City's Fire Department, which would be approximately $10 million, will be borne through a Municipal Services Taxing Unit (MSTU) established by the County; that the City's operating millage is estimated to be reduced by 3 mills as a result; that the Fire/Rescue consolidation will take effect on January 1, 1996; that approximately 75% of the City's Fire Department operating budget will be transferred to the County for the balance of the 1995/96 fiscal year (FY); that the County will enact an MSTU ordinance to take effect in the City October 1, 1996; that an ordinance enacted by the City will also be required; that for FY 96/97, the City will contribute ad valorem taxes not to exceed $4,044,409, together with $161,477 for a Health Insurance Trust Fund and fire assessment fees of $4,473,833 collected by the County through the MSTU for a total of $8,679,719; that the City's ad valorem tax payment will decline by 70% and 48% respectively in each of the two succeeding years and by 100% in the fifth year; that City employees will be transferred to the County at no loss in payi that the term of the Interlocal Agreement is 20 years and can be cancelled by either party with 365 days notice. Mr. Sollenberger provided the following timeline: March 1994 City Commission and Board of County Commissioners approved a joint recommendation of the City Manager and the County Administrator to study Fire/Rescue consolidation. November 1, 1994 Prominent citizens' committee appointed to study consolidation presented a finding of feasibility and recommendations. May 31, 1995 - Joint meeting of City Commission and Board of County Commissioners at which both administrators were directed to proceed. October 2, 1995 - City Commission workshop at which asset distribution and an indemnification clause were raised as issues. Mr. Sollenberger stated that a satisfactory indemnification clause was negotiated; however, the best asset provision which could be negotiated in the event of termination of the Interlocal Agreement was for the City to be allowed to purchase any fire equipment Book 39 Page 12570 11/20/95 6:00 P.M. Book 39 Page 12571 11/20/95 6:00 P.M. replaced by the County at the depreciated value, less an amount equal to the percentage contributed by City property owners through the MSTU. VEHICULAR MAINTENANCE Mr. Sollenberger stated that the Emergency Vehicle Repair and Maintenance Interlocal Agreement commences on January 1, 1996, and expires on September 30, 1996; that County vehicles will be maintained by the City for nine months; that the County will pay the City $115,500 for labor, plus parts and a service charge on parts. PINECRAFT FIRE CONTROL DISTRICT Mr. Sollenberger stated that the Pinecraft Fire Control District Interlocal Agreement is similar to the agreement approved last year; that the Agreement will be assigned by the City to the County effective January 1, 1996; that the Pinecraft district has agreed to the assignment. EMERGENCY COMMUNICATIONS SERVICES Mr. Sollenberger stated that the City and County have been working for more than five years for the consolidation of Public Safety communications; that the County agrees to hire all City employees at no loss in wages; that fire controllers will be transferred to the County January 1, 1996; that the City will fund 50% of the County's cost for employing transferred fire controllers until January 1, 1997, at which time the County will assume 100% of the cost; that police dispatchers will be transferred to the County on April 1, 1996; that the City will fund 50% of the cost for 12 months after which time the County will assume 100% of the cost; that in addition, the City will pay the County $38,873 for fire communications equipment maintenance and up to $100,000 for telephone lines and other modifications of equipment required to transfer the communications system from the city to the County. Mr. Sollenberger continued that police and fire communications currently cost the City $1,288,976 annually; that the Interlocal Agreement allows those costs to be phased over the first twelve months; that the City will realize a savings of $1,288,976 annually beginning July 1, 1997; that the initial savings realized from the communication merger will be applied to the acquisition of equipment for the police department to be compatible with the 800 megahertz (MHz) system; that the term of the agreement is 20 years but may be terminated by either party with at least 365 days advance notice. Mr. Sollenberger stated that the Administration recommends authorizing the Mayor to execute and the City Auditor and Clerk to attest the following interlocal agreements: Fire and Emergency Medical Services, Emergency Vehicle Repair and Maintenance, Pinecraft Fire Control District, and Emergency Communications Services. Commissioner Patterson cited the following from the Agreement between the City of Sarasota and Sarasota County for Fire and Emergency Medical Services: - : the ISO Rating shall be maintained by the County at a 3 or higher for all areas located within the City. Provided, however, that if the ISO Rating standards are materially adjusted, then the minimum ISO Rating required herein shall be that which most closely conforms to the "3" ISO Rating in effect on December 31, 1995. Commissioner Patterson stated that the language is ambiguous since a higher Insurance Services Office (ISO) rating is worst and a lower ISO rating is better. Mark Singer, City Attorney's office, and Julius Halas, Chief of Fire-Rescue Bureau, Public Safety Department, came before the Commission. City Attorney Taylor stated that he had conferred with Steve DeMarsh, Assistant County Attorney, who was present in the audience; that the term "higher" will be changed to "better" and presented as such to the County Commission for approval tomorrow. Vice Mayor Cardamone asked for the methods which will be used to evaluate and assure the consolidations are working as anticipated? Mr. Sollenberger stated that the ISO rating to be maintained is a 3 or better; that an evaluation by the ISO can be requested if problems are perceived; that the Emergency Communications Services agreement includes a provision for a policy committee comprised of representatives of the parties to the agreement and the Sheriff of Sarasota County; that the Police Chief or designee will be assigned to the policy committee and will keep the City apprised of issues; that a similar committee has been established and has worked well for the 911 emergency services operation. Commissioner Pillot stated that the Agreement between the City of Sarasota and Sarasota County for Emergency Communications Services refers to the intent of the County to assign the transferred employees to the Sarasota County Sheriff or to another Administrative Agency as follows: In the event County assigns the transterred employees or some of them to the Sheriff of Sarasota County or to another Administrative Agency, as provided for in paragraph 7.2 Book 39 Page 12572 11/20/95 6:00 P.M. Book 39 Page 12573 11/20/95 6:00 P.M. herein, and paragraph 6.3 notwithstanding, the County agrees that the transferred employees shall have the same rights and responsibilities as is applicable to other similarly situated employees of the Sheriff of Sarasota county or of the Administrative Agency to which such employees are assigned. County further agrees to ensure that the Sheriff of Sarasota County or the Administrative Agency to which such employees are assigned is bound by and otherwise complies with the provisions of Articles 6 and 15 herein. Commissioner Pillot stated that the Sheriff is an autonomous, elected official who does not require authorization from the County Commission to make personnel decisions or even to develop a budget; that City employees could be transferred to the Sheriff and peremptorily dismissed; that the provision is inadequate protection for transferred City employees; therefore, he cannot support the Emergency Communications Services Interlocal Agreement. Commissioner Pillot stated that a separate vote should be taken on the Emergency Communications Services Interlocal Agreement to provide him an opportunity to vote in support of the other three interlocal agreements. Mayor Merrill asked if the Commission has any objections to taking separate votes. Mayor Merrill stated that hearing no objections, a separate vote will be taken on the Emergency Communications Services Interlocal Agreement. Vice Mayor Cardamone requested comment by the Administration. Mr. Singer stated that the County Commission is meeting tomorrow to approve the four interlocal agreements being considered by the City Commission as well as an interlocal agreement between the County and the Sheriff; that the County/Sheriff interlocal agreement should provide for protection against peremptory employee dismissal; that the purpose of the provision in the City/County interlocal agreement is to ensure transferred City employees are treated the same as those employees currently employed by the Sheriff; that transferred employees will be bound by the same personnel rules and regulations and will have the same rights as Sheriff's employees regarding disciplinary actions, etc.; that the procedures followed by the Sheriff to terminate transferred employees will be the same as followed for current personnel of the Sheriff's Office. Commissioner Pillot stated that he does not have confidence an autonomous, elected official, specifically the current Sheriff, will carry out the intent of the provision or that transferred City employees will be adequately protected; that the City Commission cannot vote to bind future Commissions; that a future Sheriff may choose not to be bound by an agreement between the current Sheriff and the County Commission. Mr. Singer stated that making the Sheriff a signatory to the Agreement for Emergency Communications Services between the City and the County could satisfy these concerns; however, the County does not want a three-agency agreement; that the County is ultimately responsible for the transferred employees; that the County/Sherifr agreement will have to include the provisions contained in the City/County agreement relative to the protection for transferred employees. Vice Mayor Cardamone stated that concern was previously raised regarding a communications system being operated under the control of an elected official who in the future may or may not have any expertise in the field of communications; that her concern was satisfied by consolidating the City communications system with the County, who in turn will transfer departmental operations .to the Sheriff. Mr. Singer stated that under the City/County agreement, the County is ultimately responsible for providing the communication services; that the agreement allows the County to assign the staffing and management of the Consolidated Communications Center (CCC) to the Sheriff; however, establishing standard operating procedures and supervising proper implementation of the procedures is the responsibility of the County; that changes in the standard operating procedures are recommended not to the Sheriff but to the County Commission for approval. Commissioner Patterson stated that the City's transferring the responsibility for communication services to the County, who in turn assigns the operations to the Sheriff, binds the County Commission to enforce the provisions of the Interlocal Agreement; that the County would be obligated to remove the assignment of the operation if the provision, which is a part of the City/County agreement, is not fulfilled. Mr. Singer stated that he agrees. Commissioner Pillot asked if the County Commission currently has ultimate authority over existing employees of the Sheriff? Steve DeMarsh, Assistant County Attorney, came before the Commission and stated that the Sheriff has authority over his own employees; that the County/Sheriff interlocal agreement to be presented at the November 21, 1995, County Commission meeting provides authority for operations of the CCC differently from other operations under the Sheriff, i.e., the County Commission will have ultimate authority over the CCC budget; that he is not familiar with the particular provisions in the County/Sherift interlocal agreement regarding personnel. Book 39 Page 12574 11/20/95 6:00 P.M. Book 39 Page 12575 11/20/95 6:00 P.M. Commissioner Pillot stated that the content of the County/Sheriff interlocal agreement is not known to the City Commission; that the agreement has not yet been approved by the County Commission; that an approval based on faith is being requested from the City Commission; that the answer to his question is that the County Commission does not have authority over similarly situated employees of the Sheriff; that the language included in the Agreement to protect transferred employees is unacceptable to him; that as an elected official, the Sheriff enjoys autonomy similar to the Property Appraiser, the Tax Collector, and the Supervisor of Elections, whose employees the County Commission does not manage. City Attorney Taylor stated that is correct; that in accordance with the City/County interlocal agreement, the County is responsible for achieving the specified personnel provisions through an interlocal agreement with the Sheriff; that the County/Sheriff interlocal agreement has not been signed and the contents are presumed; however, the concept of the County/Sheriff interlocal agreement has been to provide a limited amount of control by the County Commission over the communications service assigned to the Sheriff; that Attorney DeMarsh is not the attorney who has worked on preparing the County/Sheriff interlocal agreement. Commissioner Patterson asked if a proposal can be made which will resolve the concern? Commissioner Pillot stated that the Commission could vote tonight only on the interlocal agreements about which the Commission has no concerns; that the interlocal agreements about which concerns are raised could be delayed until additional documentation is presented; that the Commission should not vote on a critical issue such as the future welfare of City employees based on blind faith. Robert Gorevan, President, and George (Bo) Potter, Vice President, representing the Southwest Florida Chapter of the Police Benevolent Association (PBA), came before the Commission. Mr. Gorevan stated that the police communications division is a vital and necessary function of every police department; that the removal of this function will in the long run negatively impact the entire operation of the Sarasota Police Department (SPD) ; that police officers require open access to the services provided by dispatchers; that many operations which take place on the streets during stressful encounters reach favorable conclusions due to the dedication of dispatchers to their own department and officers; that many times officers from SPD have sought assistance from County dispatchers only to be given a back seat and told to wait because County deputies' needs took priority; that supervisors on the street need direct control over communications in order to improvise or to give direction when an incident mandates changes in policy; that the City's control and ability to respond effectively will be lost since County dispatchers do not work for the City and will not be required to take direction from City supervisors; that the proposal is not a true consolidation; that all City communications personnel are required to fill out applications, take polygraph examinations and drug tests without just cause, and are being subjected to background investigations in which family, friends, and neighbors will be contacted; that employees who have been dedicated and loyal to the city and citizens are being humiliated and treated like second-class citizens; that employees who have been working for the City and have achieved the level of expertise and efficiency the City has set and are now being told to reapply for acceptance; that in contrast, the SPD is accepting sight unseen County dispatchers who will be responsible for the safety of City police officers and City of Sarasota citizens. Mr. Gorevan continued that countywide communications is a concept which has been determined to be ineffective in certain areas; that many police departments in Broward and Dade Counties which adapted countywide communications during the 1980s are now bearing the cost of restarting individual centers; that the proposed CCC cannot be perceived as beneficial by the Venice and North Port police departments and the Florida Highway Patrol, since all declined participation; that the Sheriff's Office declined when first approached with the idea of allowing the County to operate the CCC until an agreement was reached to provide the Sheriff with total control. Mr. Gorevan further stated that the merger and the installation of the 800 MHz radio system are not a joint effort; that the 800 MHz system is designed to provide the ability for agencies to communicate with each other by turning on a switch; that the Venice Police Department, which chose not to participate in the CCC, will still reap the benefits of the new radio system while retaining an individual communications center; that Manatee County adapted the 800 MHz system many years ago; that Manatee County agencies have the ability to link together in a matter of moments, yet each agency maintains a separate dispatch center; that towns such as Longboat Key, Bradenton Beach, and Holmes Beach bear the cost of operating communications centers rather than contracting with Manatee County; that the City of Sarasota will be the only department of its size in the State of Florida without a self- operated communications center. Mr. Gorevan presented a petition board display signed by numerous police officers requesting the Commission to reconsider approving the Emergency Communications Services Interlocal Agreement. Mr. Gorevan stated that the CCC will not be operational until January 1997; that the Commission should not rush a decision; that the Commission should postpone action on this item until the Book 39 Page 12576 11/20/95 6:00 P.M. Book 39 Page 12577 11/20/95 6:00 P.M. inconsistencies are resolved; that application packets will be distributed to City communications personnel tomorrow if the Commission approves the Interlocal Agreement tonight. Mr. Gorevan requested that the City's police dispatchers who have served the City for many years be included in the Downtown Association's planned commemoration of City's Fire Department if the Interlocal Agreement is approved. City Attorney Taylor stated that consideration of the County/Sheriff interlocal agreement will be before the County Commission tomorrow; that the City Commission has the option of delaying action on the Emergency Communications Services Interlocal Agreement until the signing of the County/Sheriff interlocal agreement, which could be presented to the City Commission for review at a subsequent meeting. City Auditor and Clerk Robinson stated that a special meeting could be scheduled prior to the City Commission workshop scheduled for November 27, 1995. Commissioner Patterson stated that the Interlocal Agreement provides that each transferred employee becomes an employee of the County regardless of the testing procedures conducted by the Sheriff; that a provision has been included in the Agreement in which the County places its full faith and credit behind enforcement of the protection for transferred employees. Mr. Sollenberger stated that is correct; that the County will offer employment at no loss in salary or benefits to transferred employees who are not accepted by the Sheriff; that the Emergency Communications Services Interlocal Agreement pertains not only to police dispatchers but also to fire controllers; that transfer of the fire controllers is scheduled for January 1, 1996; that a lay off of numerous City fire controllers without a function will be necessary if the Interlocal Agreement is not approved. Mayor Merrill requested that John Lewis, Director of Public Safety, and Russell Pillifant, Commander, Support Services Bureau, Public Safety Department, come before the Commission and respond to the comments made by Mr. Gorevan. Director Lewis stated that the SPD could continue to operate a communications center and participate in the 800 MHZ system through the County; that his former employment included 25 years at Metro-Dade Police Department which had 23 municipalities and the county participating in a consolidated communications center; that consolidated communications may not have been effective in other areas of the State; however, the Metro-Dade center which was in existence when he was hired in 1960 is still operating effectively. Director Lewis continued that he, Commander Pillifant, and Gordon Jolly, Chief of Police Services Bureau, Public Safety Department, actively opposed the application process required for City communications personnel, which is a condition of the agreement; that fire controllers have undergone the application process; that only one City fire controller was not accepted for transfer to the Sheriff; that the County has offered the individual employment at no loss in wages or benefits; that SPD conducts thorough background investigations prior to offering employmenti; that all police communications personnel should be accepted by the Sheriff. Commissioner Pillot stated that City employees should not be demeaned by undergoing a procedure set by someone whose department is inferior to that of the City. Director Lewis stated that the issue of the City's policies, procedures, and background investigations being performed as well as those of the Sheriff was raised; that another issue raised was that 15-year employees of the Sheriff should be required to submit applications prior to dispatching to the City if 15-year City employees are required to submit applications prior to dispatching through the Sheriff's Office; that the process included in the Interlocal Agreement regarding transferred personnel was insisted upon by the Sheriff. Commissioner Pillot stated that the Sheriff's behavior regarding this issue has been reprehensible. Commissioner Patterson stated that the County has the option of terminating the Agreement between the City of Sarasota and Sarasota County for Fire and Emergency Medical Services with at least 365 days notice; that the County could choose to terminate the agreement in three to four years just as the City is beginning to realize a savings; that the fire station buildings are retained by the City in the consolidation; however, the City's fire apparatus and equipment are being transferred to the Countyi that the City will require fire apparatus and equipment if the agreement is terminated; that the method by which the equipment will be repurchased from the County is based on the City's contribution to specific replacement purchases and the depreciated value; that the city will have also contributed dollars to purchase equipment throughout the County, in which the City retains no financial interest; that voting against the agreement could be detrimental to the City's future; however, the equity of this provision is of great concern to her. Mr. Singer came before the Commission and stated the following for clarification: 1. that written notice of termination is required; that the termination will not be effective until the beginning of Book 39 Page 12578 11/20/95 6:00 P.M. Book 39 Page 12579 11/20/95 6:00 P.M. the first fiscal year which is at least 365 days after receipt of written notice; that, for example, if written notice is given in November 1997, termination will not be effective until the fiscal year beginning October 1999 since the time period between November 1997 and October 1998 is less than 365 days. 2. that the capital assets transterred to the County which are still in service would be transferred back to the City upon termination of the agreement; that if the agreement were terminated after five years, the City would not be required but would have the option to purchase equipment which the County replaced; that the City would not be repurchasing all the equipment transferred to the County commencing January 1, 1996, but only those items of equipment which ended their useful life and were replaced by the County and are determined by the City to be essential for operations. Mr. Singer continued that the asset distribution issue was further negotiated with the County after the October 2, 1995, Commission workshop; that the provision included is the best which could be negotiated. Mr. Sollenberger stated that the controversy surrounds the communications agreement; that approval of the County/Sheriff interlocal agreement is anticipated tomorrow; that the Commission may want to review the County/Sheriff interlocal agreement prior to taking action on the Emergency Communications Services Interlocal Agreement; that a special meeting could be scheduled prior to the November 27 workshop. Vice Mayor Cardamone asked if delaying action on the Emergency Communication Services Interlocal Agreement will affect the transfer of fire personnel? Mr. Sollenberger stated no; however, the City's fire operations will transfer to the County on January 1, 1996; that a method to transfer the fire controllers is necessary. City Auditor and Clerk Robinson stated that representatives of the Florida Retirement System (FRS) will be meeting with Fire Department personnel next week. Commissioner Pillot stated that the fire controllers could be transferred in conjunction with the firefighters and be subject to the authority of the County Fire Chief. Mr. Sollenberger stated that the County intends to assign the operation of the CCC to the Sheriff; that Commissioner Pillot's proposal would not resolve the personnel issue raised. Commissioner Pillot stated that law enforcement, crime prevention, and other services of an excellent police department are major concerns of the public; that the SPD would be weakened by any removal of the present quantity and quality of personnel; that he will never vote to remove any part of the City of Sarasota Police Department from the City of Sarasota, which includes transferring police communications to operate under the control of the Sheriff. Commissioner Patterson stated that she disapproves of the Sheriff's statements regarding the transfer of City personnel; however, continued employment for transferred City personnel is protected by the Interlocal Agreement; that she could not in good conscious vote to jeopardize a communications agreement which will save the City $1.3 million annually in two years. On motion of Commissioner Patterson and second of Vice Mayor Cardamone, it was moved to authorize the Mayor to execute and the City Auditor and Clerk to attest the following interlocal agreements: Fire and Emergency Medical Services, Emergency Vehicle Repair and Maintenance, Pinecraft Fire Control District, and Emergency Communications Services. City Auditor and Clerk Robinson stated that the Commission consensus was to take a separate vote on the Emergency Communications Services. Mayor Merrill stated that the consensus was an option of separating the vote. Commissioner Pillot stated that a separation of the vote was requested to provide him the privilege of voting in favor of the fire consolidation which he feels is good; however, he respects the motion on the table and will vote no. Vice Mayor Cardamone stated that workshops, various discussions, and two public hearings have been held regarding the interlocal agreements for fire consolidation; that her concern about the County's retaining transferred personnel and the operation of the communications function if an elected official at some future time has no knowledge or interest in communications has been satisfied; that a provision has been included in the Interlocal Agreement for the establishment of a committee to monitor the communications operation; that periodic reports from the committee should be provided to the Commission to ensure that City residents are receiving better protection through the expanded system than is currently received through the existing system. Commissioner Pillot stated that he has full faith and confidence in the intentions of the Board of County Commissioners and the County Administrator; however, the Sheriff has shown his disrespectful regard for the City of Sarasota with the reprehensible act of Book 39 Page 12580 11/20/95 6:00 P.M. Book 39 Page 12581 11/20/95 6:00 P.M. demanding City personnel be subject to polygraph testing and background investigations. Commissioner Patterson stated that one major reluctance she has to transferring the City of Sarasota's Police Department at any time under any circumstances is that the department would be operated under an elected, totally independent Sheriff. On motion of Commissioner Pillot, it was moved to amend the motion to delay action on the Emergency Communications Services Interlocal Agreement until November 27, 1995. Motion died for lack of a second. Mayor Merrill called for the vote on the motion to approve the four interlocal agreements. Motion carried (3 to 1) : Cardamone, yes; Patterson, yes; Pillot, no; Merrill, yes. Vice Mayor Cardamone stated that the City Attorney and City Manager will make certain the County/Sheriff interlocal agreement satisfies the Commission's concerns; that the consolidation will be beneficial to both City and County residents. Commissioner Pillot stated that the people of the City of Sarasota have lost heavily in the strength of their police department. Commissioner Patterson stated that fire consolidation has been supported from the beginning as the substantial reduction in millage generated will assist in sustaining the luxury of having a City of Sarasota in the long term; that the Fire Department has served the City well; that a part of the City's identity will be lost with the transfer of employees and the loss of control over the operating level of service; however, she has faith the existing level of service will be continued under the consolidation; that although all her concerns have not been answered, the interlocal agreements have been well-prepared and will be beneficial for the financial future of the City. Mayor Merrill stated that the consolidation of the City and County Fire Departments is a momentous event; that the size of the City's budget will diminish, but the reduction of the City's involvement in the overall community is saddening; that the City of Sarasota has had a long history and should be today all of north County and adjacent urban areas; that additional efforts should be pursued to reduce costs without diminishing services. Mayor Merrill commended the following for their contributions to the fire consolidation effort: David Sollenberger, City Manager; John Lewis, Director of Public Safety; Julius Halas, Chief of Fire- Rescue Bureau, Public Safety Departmenti; David Stershic and Neil Elliot, representatives of the Sarasota-Manatee Professional Firefighters and Paramedics Union,i : Mark Singer, City Attorney's office; and the City's Finance Department. Mr. Sollenberger stated that William Davenport, Director of Human Resources, should also be commended for his efforts; that the consolidation has been a team effort by the City Staff. Mr. Sollenberger continued that the assumption of a potential police consolidation with the Sheriff's Office is affecting the morale of employees within the SPD; and recommended the City Commission make a policy statement regarding the issue. Vice Mayor Cardamone stated that concerns about a potential police consolidation have been expressed by the public; that consideration for consolidation between the SPD and the Sheriff's Office would not be supported by her vote. Commissioner Patterson stated that three Commissioners have made similar statements. Commissioner Pillot requested that the Administration be authorized to transmit a letter to Police Department personnel indicating the Commission's policy statement. Mayor Merrill asked if the Commission has any objections to Commissioner Pillot's proposal. Mayor Merrill stated that hearing no objections, the Administration is directed to transmit a letter indicating the Commission's policy statement. Mayor Merrill stated that no plan for future consolidation has been discussed; that fire consolidation was motivated by finances; that finances more so than an inherent logic for a higher level of performance will dictate Commission actions in the future; that the SPD and Sheriff's Office are excellent public service departments; that as a City Commissioner, making the SPD the best it can be is his intention; that future finances of the City may motivate the Commission to consider police consolidation; however, the day police consolidation occurs would most likely be the same day City and County governments consolidate; that he has no objection to transmitting a letter as proposed. Vice Mayor Cardamone asked if the Administration intends to bring forth additional issues for consolidation. Mr. Sollenberger stated no; that the Administration intends to focus on other means to improve the City's financial condition which include annexation and economic development activities to improve the City's tax base. Commissioner Pillot stated that for clarification his comments were not directed at and he has full respect and admiration for and Book 39 Page 12582 11/20/95 6:00 P.M. Book 39 Page 12583 11/20/95 6:00 P.M. confidence in the men and women who work for the Sheriff of Sarasota County. 15. UNFINISHED BUSINESS: APPROVAL RE: AUTHORIZE THE ADMINISTRATION TO ENTER INTO DISCUSSIONS WITH SARASOTA COUNTY GOVERNMENT FOR THE CITY TO ACCEPT FLOWS FOR WASTEWATER TREATMENT FOR PORTIONS OF UNINCORPORATED SARASOTA COUNTY = APPROVED; DIRECTED ADMINISTRATION TO CONDUCT A COMPREHENSIVE REVIEW OF AN INNOVATIVE APPROACH TO ANNEX THE ENTIRE PHILLIPPI CREEK BASIN AREA (AGENDA ITEM VII-3) #3 (1043) through (1256) City Manager Sollenberger stated that the City and County have recently completed feasibility studies which indicate providing central sewer service to developed areas surrounding the City currently served by septic tanks or package treatment plant connections will provide significant reductions in nutrient loading to the Sarasota Bay and its tributaries; that service areas to be addressed will include: the Phillippi Creek area, areas currently served by franchises, and other areas surrounding the City currently not served with central utilities; that the Administration intends to negotiate for the County's support and cooperation in the City's achieving annexation of the commercial areas south of the City along Bee Ridge Road and U.S. 41 as well as in enclave areas. Mr. Sollenberger stated that the Administration requests authorization to enter into negotiations with the County to reach a mutually satisfactory agreement on' total capacity, cost, points of connection, and other requirements for the City of Sarasota to provide wastewater treatment to a portion of the unincorporated Sarasota County. On motion of Vice Mayor Cardamone and second of Commissioner Pillot, it was moved to approve the Administration's recommendation. Commissioner Patterson stated that water and sewer departments in other cities have been turned into major assets and tools for annexation; that the Administration should be directed to make a more comprehensive review of the issue prior to beginning negotiations with the County; that innovative negotiations regarding the entire Phillippi Creek Basin area should be pursued; that an agreement which in the near future may be more costly could result in a substantially brighter future for the City in the long term; that Phillippi Creek Basin residents are distressed and upset with the provision for the sewer system which requires a $5,000 payment each; that the majority rules in large, delineated areas; that the City may be able to utilize impact fees, etc., to mitigate a portion of the required $5,000 payment and gain support from the majority of property owners in the area for annexation into the City. Mayor Merrill asked if the Commission has any. objections to Commissioner Patterson's proposal. Mayor Merrill stated that hearing no objections, the Commission directs the Administration to make a comprehensive review of an innovative approach to annex the entire Phillippi Basin area. Mr. Sollenberger stated that developing an innovative approach will be a challenge which the Administration gladly accepts. Mayor Merrill called for the vote on the motion to authorize the Administration to enter into discussions with the County regarding the City's accepting wastewater flows for treatment. Motion carried unanimously (4 to 0): Cardamone, yes; Patterson, yes; Pillot, yes; Merrill, yes. 16. UNFINISHED BUSINESS: DISCUSSION RE: NONCONFORMING MOTEL USE = 528 SOUTH POLK DRIVE = DIRECTED AN ORDINANCE BE PREPARED AND SET FOR PUBLIC HEARING TO EXEMPT THE PROPERTY FROM THE AMORTIZATION SCHEDULE AT ITS EXISTING INTENSITY OF USE WITH A BUFFERING REQUIREMENT INCLUDED (AGENDA ITEM VII-4) #3 (1263) through (1392) Michael Taylor, Deputy Director of Planning and Development, came before the Commission and stated that the Planning Board/Local Planning Agency (PBLP) and the Administration have recommended the motel at 528 South Polk Drive be exempted from the nonconforming uses amortization schedule at the existing intensity of use and restricted to the existing uses, building area, number of units, hours of operation, numbers of employees, and parking; that the City Commission, at its meeting of October 30, 1995, postponed action on the site pending a recommendation regarding buffering the motel use from the adjacent single-family homes. Mr. Taylor continued that he and Timothy Litchet, Acting Director of Building, Zoning, and Code Enforcement, inspected the site; that Staff, Linda Heveren, the property owner, and Tom Roland, the adjacent property owner who spoke at the October 30 meeting, are in agreement with the following recommendations for buffering: 1. The property owner must provide a 6-foot-high masonry wall, fence or landscaped hedge along both sides and the rear of the property. 2. Any hedge used must be at least 80% opaque between 2 and 6 feet above the average ground level when viewed horizontally. Book 39 Page 12584 11/20/95 6:00 P.M. Book 39 Page 12585 11/20/95 6:00 P.M. 3. The wall, fence or hedge may be reduced to 4 feet in height within 20 feet of the front lot line. City Manager Sollenberger stated that the Administration recommends allowing continuation of the nonconforming use at 528 South Polk Drive by directing the preparation of an ordinance to be set for public hearing exempting the site from the amortization schedule at its existing intensity and including the buffering requirement as indicated. On motion of Vice Mayor Cardamone and second of Commissioner Pillot, it was moved to approve the Administration's recommendation. Commissioner Patterson asked if the intent is for the buffering to be 80% opaque at planting? Mr. Taylor stated that the lattice fence with a vine concept the property owner is planning will meet the 80% opaque requirement. Mayor Merrill called for the vote on the motion. Motion carried unanimously (4 to 0): Cardamone, yes; Patterson, yes; Pillot, yes; Merrill, yes. 17. UNFINISHED BUSINESS: APPROVAL RE: ACQUISITION OF PROPERTY LOCATED AT 1677 SIXTH STREET - APPROVED A LOAN IN THE AMOUNT OF $40,000 TO THE CHC FOR THE SECOND PARCEL OF PROPERTY LOCATED AT 1677 SIXTH STREET; APPROVED FORGIVENESS OF THE LOAN IN THE AMOUNT OF $30,764; DIRECTED THE ADMINISTRATION PREPARE A WORKING PLAN BETWEEN THE CHC AND THE CITY (AGENDA ITEM VII-5) #3 (1392) through (2087) Donald Hadsell, Director of Housing and Community Development, came before the Commission and stated that on June 19, 1995, the City Commission approved a loan to the Community Housing Corporation (CHC) for a portion of the property at 1677 Sixth Street; that at the time of the CHC's original request, private financing was anticipated fund the purchase of the remaining property and to fund the construction costs of five homes on the site; that the City Manager, after a review of the proposed five-house plan, determined that one house would not have direct access to either Sixth Street or Goodrich Avenue and requested the CHC return with a plan containing only four houses; that the reduction in number increases the land costs per home; that the CHC is requesting: 1) a loan to purchase the remaining property at 1677 Sixth Street and 2) forgiveness of a portion of the loan as a writedown. Mr. Hadsell continued that the CHÇ purchased three vacant lots at 1677 Sixth Street; that the parcel for which a loan is being requested is an adjacent lot with the same address containing two buildings, a two-bedroom single-family unit and a four-unit apartment complex; that the complex will be demolished and three new single-family homes will be constructed; that the following formula is proposed to determine the costs of the writedown on the loan: The CHC will be paid for the cost of the land, the demolition of the structures, the soft costs necessary to acquire the property, e.g., appraisal, closing costs construction interest, and the hard cost of the building, and a developer's fee of 9.5%. The difference between the costs determined by the formula and the value of the property will be the amount of the City's buydown (writedown). Mr. Hadsell stated that the 9.5% developer's fee is based on fees paid in Tampa for similar projects; that implementing a policy using the formula described will assist non-profit developers in properly estimating development costs and continuing their efforts in the community. Jack Conway, President and CEO, 528 El Vernona Court, and Beverly Scott, Vice President, 1050 Hampton Road, representing the Community Housing Corporation, came before the Commission. Mr. Conway stated that confusion over funding sources has been experienced during the course of negotiations with Freddie Mac for the house at 1677 Sixth Street and in acquiring the lots at Sixth Street and Goodrich Avenue; that Freddie Mac contracts for disposition of foreclosed properties with a company in Colorado whose objective is to gain the maximum return by basing appraisals on potential cash flow; that the second Sixth Street parcel was appraised at $56,000 based on minor repairs being made to the four-unit apartment complex; that economics and impact fee transfers are considered in estimating development costs; that local control is lost and developers' estimates are affected when properties go into foreclosure which requires negotiations on the purchase price; that the CHC's estimates were based on a five-house plan which was rejected by the City; that various difficulties have been experienced between the CHC and the City as well as the County for lack of a working plan; that funds get tied up in escrow and potential buyers are lost; that a standard policy is necessary by which the CHC can adequately estimate costs and continue to strengthen communities by providing first-time buyers with home ownership opportunities, and by improving areas for families, the neighborhoods, and the community as a whole. Commissioner Patterson stated that the CHC's request for the Sixth Street parcel should be approved; however, the November 9, 1995, memorandum from Mr. Hadsell to the Commission is not comprehensible and merges two concepts: 1) the need for a writedown due to a reduction in buildable lots, and 2) the potential of the City's Book 39 Page 12586 11/20/95 6:00 P.M. Book 39 Page 12587 11/20/95 6:00 P.M. acting as a subsidy agent in the future; that action on a policy for future CHC projects should be delayed until a suggested, coherent policy is presented for Commission approval. Mr. Conway stated that ad hoc decisions on individual projects place the CHC in difficult positions; that the CHC is willing to work with the Office of Housing and Community Development to formulate a policy. Mr. Conway introduced Beverly Scott and explained her role as the Vice President of the CHC. Mr. Conway stated that the CHC is attempting to prepare for the time in the near future when federal funds for housing will stop flowing to the City; that a partnership between the CHC and the City has been established; that the City should treat the CHC as a partner. City Manager Sollenberger stated that the Administration recommends: 1) a loan in the amount of $40,000 to the CHC be approved for the second parcel of property located at 1677 Sixth Street, 2) the methodology described for the writedown be approved as a policy for this and Euture CHC projects, and 3) the loan in the amount of $30,764 be forgiven. On motion of Commissioner Pillot and second of Vice Mayor Cardamone, it was moved to approve the Administration's recommendation including an additional item: 4) the Administration to develop a working plan between the City and the CHC for Commission review. Commissioner Patterson stated that the writedown should be approved only for the Sixth Street project and a separate policy be brought back to the Commission for approval. Commissioner Pillot stated that as maker of the motion, he agrees to deleting #2 from the motion. Mayor Merrill asked if the Commission has any objections to the change? Mayor Merrill stated that hearing no objections, the following will be deleted from the motion with the understanding that the methodology will be presented with the working plan: 2) the methodology described for the writedown be approved as a policy for this and future CHC projects. Mayor Merrill called for the vote on the motion. Motion carried unanimously (4 to 0): Cardamone, yes; Patterson, yes; Pillot, yes; Merrill, yes. Vice Mayor Cardamone stated that the Administration should attempt to bring forth the policy for approval in January. 18. BOARD APPOINTMENTS: APPOINTMENT RE: CITIZENS WITH DISABILITIES ADVISORY BOARD REAPPOINTED CINDY HAMRICK; APPOINTED PAMELA DORWARTH (AGENDA ITEM IX-1) #3 (2087) through (2124) city Auditor and Clerk Robinson stated that the terms of Jack Shaw and Cindy Hamrick have expired; that Mr. Shaw has served two full, consecutive terms and is not eligible for reappointment; that Ms. Hamrick is eligible and has expressed an interest in reappointment. Mayor Merrill asked if the Commission has any objections to reappointing Ms. Hamrick. Mayor Merrill stated that hearing no objections, Ms. Hamrick is reappointed to the Citizens with Disabilities Advisory Board. Commissioner Pillot nominated Pamela Dorwarth for appointment. Hearing no other nominations, Mayor Merrill announced the appointment of Pamela Dorwarth to the Citizens with Disabilities Advisory Board. 19. BOARD APPOINTMENTS: APPOINTMENT RE: HISTORIC PRESERVATION BOARD = REAPPOINTED DON CHAPPELL; APPOINTED DANIEL DELAHAYE: APPOINTED NORMAN SHARRIT, JR. (AGENDA ITEM IX-2) #3 (2124) through (2305) City Auditor and Clerk Robinson stated that the terms of Daniel Ball, serving in the citizen-at-large seat, and Don Chappell, serving in the architect seat, have expired; that Deborah Dart, serving in the business community seat, and Mark Mumford, serving in the practicing professional historian seat, have resigned; that Mr. Ball has served two full, consecutive terms and is not eligible for reappointment; that Mr. Chappell is eligible and has expressed an interest in reappointment; that appointments to the following four seats are necessary: citizen at large, architect, business community, and practicing professional historian. Mayor Merrill asked if the Commission has any objections to reappointing Mr. Chappell. Mayor Merrill stated that hearing no objections, Mr. Chappell is reappointed to serve as the architect on the Historic Preservation Board. Commissioner Pillot nominated Craig Holliday for appointment to serve as the citizen at large. Hearing no other nominations, Mayor Merrill announced the appointment of Craig Holliday to serve as the citizen at large on the Historic Preservation Board. Commissioner Pillot nominated Daniel Delahaye for appointment to serve as the practicing professional historian. Book 39 Page 12588 11/20/95 6:00 P.M. Book 39 Page 12589 11/20/95 6:00 P.M. Vice Mayor Cardamone stated that Mr. Delahaye is the only applicant with the required expertise; however, he is not a City resident and has resided in the community for only one year. City Auditor and Clerk Robinson stated that finding a qualified applicant was difficult. Hearing no other nominations, Mayor Merrill announced the appointment of Daniel Delahaye to serve as the practicing professional historian on the Historic Preservation Board. Vice Mayor Cardamone nominated Norman Sharrit, Jr., for appointment to serve as the business community representative. Hearing no other nominations, Mayor Merrill announced the appointment of Norman Sharrit, Jr., to the business community seat on the Historic Preservation Board. 20. * BOARD APPOINTMENTS: APPOINTMENT RE: PLANNING BOARD/LOCAL PLANNING AGENCY = APPOINTED EDWARD VAN WERT (AGENDA ITEM IX-3) #3 (2305) through (2421) City Auditor and Clerk Robinson stated that the term of Marion Almy has expired; that Ms. Almy has served two full, consecutive terms and is not eligible for reappointment. Commissioner Pillot nominated Ernest Babb for appointment. Mayor Merrill nominated Edward Van Wert for appointment; and stated that Mr. Van Wert's qualifications are impressive; that Mr. Van Wert is past president and current vice president of the Oakwood Manor Homeowners Association, is familiar with the eastern portion of the City, and his appointment would contribute toward the Commission's desire for a broader distribution of the membership on the Planning Board/Local Planning Agency (PBLP). Commissioner Patterson stated that broader distribution on the City boards, specifically, the lack of a District #2 representative on the PBLP, was discussed at the City's goal setting session; that an hour-long discussion was held with Mr. Van Wert during which he was found to be bright and perceptive; that she hopes Mr. Babb's interest in a position on the PBLP will continue; that the nomination of Mr. Van Wert will be supported. Mayor Merrill called for a vote on the nominations. Ernest Babb received two votes: Cardamone, yes; Pillot, yes. Edward Van Wert received two votes: Patterson, yes; Merrill, yes. Commissioner Pillot changed his vote to support the nomination of Mr. Van Wert. Commissioner Cardamone agreed to support the nomination of Mr. Van Wert for unanimity of the Commission's appointment. Mayor Merrill announced the appointment of Edward Van Wert to the Planning Board/Local Planning Agency. 21. BOARD APPOINTMENTS: APPOINTMENT RE: PUBLIC ART COMMITTEE REAPPOINTED DENNIS KOWAL; POSTPONED APPOINTMENT FOR AN ART EXPERT UNTIL A MEETING AT WHICH A FULL COMMISSION IS PRESENT; APPOINTMENT TO THE NUISANCE ABATEMENT BOARD TO BE SCHEDULED FOR THE NEXT REGULAR COMMISSION MEETING (AGENDA ITEM IX-4) #3 (2429) through (2532) City Auditor and Clerk Robinson stated that the term of Dennis Kowal, serving in the citizen-at-large seat, has expired; that Leslie Ahlander, serving in the art expert seat, has resigned; that Mr. Kowal is eligible and has expressed an interest in reappointment; that two appointments are required. Mayor Merrill asked if the Commission has any objections to reappointing Mr. Kowal. Mayor Merrill stated that hearing no objections, Mr. Kowal is reappointed to serve as the citizen at large on the Public Art Committee. Vice Mayor Cardamone nominated Pamela Holladay for appointment to serve as the art expert; and stated that Ms. Holladay, an Interior Designer/Teacher at the Ringling School of Art and Design, showed great enthusiasm for the position. Commissioner Patterson nominated George Haborak for appointment to serve as the art expert; and stated that two strong recommendations for Mr. Haborak were received from individuals knowledgeable in the field of art. Mayor Merrill called for the vote on nominations. Ms. Holladay received two votes: Cardamone, yes; Pillot, yes. Mr. Haborak received two votes: Patterson, yes; Merrill, yes. The consensus of the Commission was to postpone a decision on the appointment of an art expert to the Public Art Committee until Commissioner Dry is in attendance. 22. BOARD APPOINTMENTS: APPOINTMENT RE: VAN WEZEL PERFORMING ARTS COMMITTEE = REAPPOINTED HARVEY ROTHENBERG: APPOINTED JOSEPH ANGELERI; APPOINTED E.A. TED ROGERS (AGENDA ITEM IX-5) #3 (2532) through (2684) City Auditor and Clerk Robinson stated that the terms of George Dietz, Harvey Rothenberg, and Katherine Schersten have expired; that Mr. Dietz and Ms. Schersten have served two, full consecutive terms and are not eligible for reappointment; that Mr. Rothenberg Book 39 Page 12590 11/20/95 6:00 P.M. Book 39 Page 12591 11/20/95 6:00 P.M. is eligible and has expressed an interest in reappointment; that three appointments are required. Mayor Merrill asked if the Commission has any objections to reappointing Mr. Rothenberg. Mayor Merrill stated that hearing no objections, Mr. Rothenberg is reappointed to the Van Wezel Performing Arts Committee. Commissioner Pillot nominated Joseph Angeleri for appointment. Vice Mayor Cardamone nominated Isabel Scott Norton for appointment. Commissioner Pillot nominated E.A. Ted Rogers for appointment; and stated that Mr. Rogers, who has served two previous terms on the Van Wezel Performing Arts Committee in the past, has an excellent background and knowledge about the theater which will be beneficial to the Committee as the proposed renovations to the Van Wezel Performing Arts Hall are being considered. Commissioner Patterson stated that Mr. Angeleri was sought to fill the particular need expressed by the Van Wezel Performing Arts Committee for a member with building or architectural expertise; that Mr. Angeleri is a past president of the Home Builders Association of Sarasota, was recently named the Florida Home Builders Association's 1995 Remodeler of the Year, and is also a talented musician. Mayor Merrill called for the vote on nominations. Mr. Angeleri received four votes: Cardamone, yes; Patterson, yes; Pillot, yes; Merrill, yes. Ms. Norton received one vote: Cardamone, yes. Mr. Rogers received three votes: Patterson, yes; Pillot, yes; Merrill, yes. Vice Mayor Cardamone changed her vote to support the nomination of Mr. Rogers. Mayor Merrill announced the appointments of Joseph Angeleri and E.A. Ted Rogers to the Van Wezel Performing Arts Committee. Vice Mayor Cardamone asked for Commission consensus to discuss nominations for the vacancy on the Nuisance Abatement Board. Commissioner Patterson stated that the format under which the member was removed was disturbing to her; that discussing the reappointment tonight would add to her discomfort. Mayor Merrill stated that applicants should be provided an opportunity to solicit the Commissioner's votes; and requested the item be agendaed for the next meeting. City Auditor and Clerk Robinson stated that the item will be agendaed for the next regularly scheduled Commission meeting. 23. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA - DIRECTED ADMINISTRATION. TO PREPARE CRITERIA AND DIRECTIVES FOR THE HOUSING AUTHORITY BOARD (AGENDA ITEM X) #3 (2726) through #4 (0253) COMMISSIONER PATTERSON: A. stated that direct use of water and sewer facilities, favorable rates, and expertise in rapidly issuing building permits, etc., attributed to the massive annexation in and around Orlando; that copies of an article on the City of Orlando in the current edition of the Florida Trend will be distributed for Commission review. VICE MAYOR CARDAMONE: A. stated that a brunch with the Mayor and other delegates from the Sister City of Perpignan, France, was recently attended; that former Senator Bob Johnson provided a report on the enormous success of this year's French Film Festival. MAYOR MERRILL: A. stated that the term of a Housing Authority Board member has expired; that prior to bringing an appointment to the Commission, consensus is requested to direct the Administration to develop criteria based on the Commission's goals and directives for the Housing Authority Board against which a candidate's interests and abilities can be evaluated. Mayor Merrill stated that hearing no objections, the Administration is directed to proceed with development of the document. B. stated that the results of the two-year battery of reading, writing, and math test scores for Sarasota County schools which were recently published in the Sarasota Herald-Tribune were disturbing; that critically low scores were noted for many of the schools located in the City, especially the schools serving District #3; that the quality of district schools is a priority to families purchasing homes; that improving the quality of City schools should be addressed by the Commission. Commissioner Patterson stated that a substantial number of the residents in District #2 are retirees; however, many families also reside in the District; that buyers of expensive homes may choose not to purchase a home in the City because of a concern about a specific school, which may depress property values in areas where Book 39 Page 12592 11/20/95 6:00 P.M. Book 39 Page 12593 11/20/95 6:00 P.M. home sales could benefit the property owners and the City's tax base. Mayor Merrill stated that the school options available to higher- income and lower-income families are not the same; that enrolling children in private schools is not a feasible option for lower- income families; that parents who perceive a better education can be obtained from the schools in the Sarasota or Manatee Counties will not purchase homes in the City; that the Commission should focus on a solution to assure that an education thought to be the best by parents is achievable for children moving into City neighborhoods; that the redevelopment occurring in the eastern portions of the City targets families; that improvements, i.e., sidewalks, pale in comparison to the school issue when a family is considering purchasing a house; that City neighborhoods will continue to be the neighborhood of choice for the lowest of low-income people unless the school issue is successfully addressed; that a concentration of low-income neighborhoods will not make the City economically viable; that public school choice is the only feasible solution for the City; therefore, the City Commission should take a strong position in support of public school choice. Commissioner Patterson stated that a resolution in favor of public school choice would gladly be supported; that the timing is right; that an editorial supporting public school choice was recently published in the Sarasota Herald-Tribune reminding the new Sarasota County School Board members of their campaign promises made to support public school choice. Mayor Merrill asked for Commission consensus to have the City Manager review the benefits of promoting public school choice. Commissioner Pillot stated that public school choice could be supported; that the school system will be properly adjusted in the long term through internal and external pressures against a school which loses students; however, ramifications which will result in the short term, e.g., transportation, funding, and other immediate situations, have yet to be considered. Commissioner Pillot continued that the published test results could affect a family's desire to reside in the City; however, people should understand that a school's failure rate does not reflect the educational opportunities which exist at a school but the extent to which those opportunities are realized by the students. Vice Mayor Cardamone stated that an opinion on the issue of public school choice has not been formed; however, she has been a strong advocate for neighborhood schools; that public school choice is intriguing, but walking to school is part of living in a City neighborhood; that the merits of public school choice would have be presented for review prior to her taking a position. Mayor Merrill stated that schools have a major impact on the attractiveness of a neighborhood; that the demographics, not the school facilities, caused the low test results reflected in some City schools; that action is necessary to prevent a downward spiral; that as a certain school develops a negative stigma, no one who can afford to live elsewhere will purchase homes in the areas districted for that particular school; that the number one variable of successful schooling is family background; that statistically, children from higher-income, two-parent families have values and education emphasized and do far better in school than children from lower-income, single-parent families; that the school issue, more so than sidewalks, code enforcement or taxation, is deteriorating the. neighborhoods in the eastern portion of the City; that many families moved out of the neighborhoods affected by the school redistricting which occurred when Sarasota Middle School was closed; that U.S. Homes experienced difficulty selling properties in the newly developed Longwood Run subdivision when the area was redistricted to Booker Middle School; that middle-income families who cannot afford private schooling will not purchase or retain homes in a school district with poor schools; that the City will experience a slow decline of middle-income neighborhoods resulting in a City comprised of neighborhoods with low-income families who are willing to accept the school district in order to purchase a home and neighborhoods with higher-income families who can afford to send their children to private schools. Commissioner Patterson stated that she agrees; that speaking as a realtor, school districts have always been a priority to clients with school-aged children; that the three schools to which a particular property is districted are listed on the standard property information form; that the situation arising as a result of the perception of City schools is difficult to counteract; that public school choice is supported; however, funding the transportation is not; that those parents who are motivated to make a choice of housing based on a school district will also be motivated to provide transportation for their children to attend a chosen school; that another consideration is the amount of special resources targeted to schools; that neighborhood schools, i.e., Booker Middle School, around which many families with children requiring special services reside, require a greater proportion of special resources; that the situation arising from the perception of City schools is difficult to counteract, but may be overcome with some innovation and specific targeting of resources; that the City should take a strong position in support of public school choice. Vice Mayor Cardamone stated that elementary and high schools located in the City are doing well; however, the loss of Sarasota Book 39 Page 12594 11/20/95 6:00 P.M. SX Book 39 Page 12595 11/20/95 6:00 P.M. Middle School has been detrimental to the City; that the Commission's position should focus on the dissatisfaction of having most of the children residing in the City bused to a middle school not located in the center of the City. Commissioner Pillot stated that he agrees; that the Commission should delay taking a position until a new Superintendent of Schools is hired and has an opportunity to develop recommendations for presentation to the Sarasota County School Board; that the Commission's taking a position at this point would be premature. Vice Mayor Cardamone stated that a meeting could be held with the individual hired as Superintendent to express the Commission's desire for a middle school. Commissioner Patterson stated that having a middle school sited in the center of the City will be more difficult to achieve than the option of public school choice. Commissioner Pillot stated that a direct correlation between economic privilege and achievement in schools exists; however, some of the minority groups, i.e., Asians, whose income may be in the lower brackets, are very concerned with instilling values and emphasizing education. Mayor Merrill stated that public school choice was the intent behind his advocating City neighborhoods be reviewed from a marketing perspective; that a new Superintendent may be hired shortly, but Staff time will be required to gather information individual Commissioners have indicated is necessary prior to taking a position; that the Commission should be prepared to provide input to the new Superintendent when asked. Vice Mayor Cardamone stated that she will be proactive for improving neighborhood schools; that transportation, specifically the potential of generating cross-traffic busing, is one of the main concerns she has with supporting public school choice. Mayor Merrill stated that Commissioner Patterson's proposal on transportation is supported. Commissioner Pillot stated that his statements did not indicate the school system should fund transportation for public school choice; that public school choice is supported; however, he will not take a formal position until a new Superintendent has been hired. 24. OTHER MATTERS /ADMINISTRATIVE OFFICERS (AGENDA ITEM X) #4 (0253) through (0253) CITY MANAGER SOLLENBERGER: A. stated that the signing of the Interlocal Agreements by the Board of County Commissioners is scheduled tomorrow at noon on the sixth floor of the former GTE building located on Ringling Boulevard. 25. ADJOURN (AGENDA ITEM XII) #4 (0280) There, being no further business, Mayor Merrill adjourned the regular meeting of November 20, 1995, at 10:46 p.m. DAVID MERRILL, MAYOR ATTEST: Bally E Robensek BILLY EC7 ROBINSON, CITY AUDITOR AND CLERK Book 39 Page 12596 11/20/95 6:00 P.M.