BOOK 58 Page 29943 09/19/05 2:30 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF SEPTEMBER 19, 2005, AT 2:30 P.M. PRESENT: Mayor Mary Anne Servian, presiding, Vice Mayor Fredd "Glossie" Atkins, Commissioners Danny Bilyeu, Lou Ann R. Palmer, and Ken Shelin, City Attorney Robert M. Fournier, City Manager Michael A. McNees, and City Auditor and Clerk Billy E. Robinson ABSENT: None The meeting was called to order by Mayor Servian at 2:30 p.m. INVOCATION: City Auditor and Clerk Robinson PLEDGE OF ALLEGIANCE: Riess Pellegrino, Sergeant First Class, who has served over 22 years in the U.S. Army and is currently serving as an Army Instructor at the Sarasota Military Academy. 1. CITIZENS' INPUT (AGENDA ITEM I) The following person spoke: Richard Clapp concerning the rescission of the vote regarding the Whitaker Views project and the rezoning of the Burns Court area. (FTR 2:33) 2. APPROVAL OF MINUTES (AGENDA ITEM II) Mayor Servian noted Commission consensus to approve the minutes of the Special Commission meetings of August 8 and 12, 2005, and September 7, 2005, and the minutes of the Regular Commission meetings of August 15 and September 6, 2005. (FTR 2:35) 3. CHANGE TO THE ORDER OF THE DAY/ITEMS ON THE CONSENT AGENDA Mayor Servian presented the following Change to the Order of the Day: A. Remove Consent Agenda No. 1, Item IV-A-3, Approval Re: Amendment 1 to the SHIP Local Housing Assistance Plans for Fiscal Years 2005-2006, 2006-2007, and 2007-2008 and amend the Housing Partnership Program, HOME, CHDO, down payment assistance, impact fee and housing rehabilitation program guidelines. Mayor Servian noted Commission consensus to approve the Change to the Order of the Day. Commissioner Palmer removed the following items from Consent Agenda No. 1 for discussion: A. Item IV-A-1, Approval Re: Set for public hearing proposed Ordinance No. 05-4644, amending Chapter 24, Personnel, Article II, Pensions, Division 4, General Employees, of the Code of Ordinances of the City of Sarasota, amending Section 21-96, definitions to amend the definitions of "Credited Service" and "Employee"; amending Section 24-97, Membership; amending Section 24-101, Credited Service; amending Section 24-104, Optional Forms of Pension; amending Section 24-108, Distribution of Benefits; amending Section 24-115, Direct Transfers of Eligible Rollover Distributions; amending Section 24-116, Reemployment after Retirement; amending Section 24-117, Deferred Retirement Option Plan; repealing all ordinances in conflict herewith; providing for severability of the parts hereof if declared invalid; etc. B. Item V-A-10, Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Temporary Parking Agreement between the City of Sarasota and Zenith Insurance Company for 50 parking spaces within the Van Wezel Performing Arts Hall Parking lot for a period of one year with an option to extend once for one year. City Auditor and Clerk Robinson stated that Item No. IV-A-1 will be heard under New Business as Item No. VII-1 and Item No. IV-A-10 will be heard under New Business as Item No. VII-2. 4. BOARD ACTIONS (AGENDA ITEM III) 1) REPORT RE: HISTORIC PRESERVATION BOARD'S REGULAR MEETING OF AUGUST 9, 2005 (AGENDA ITEM III-1) Historic Preservation Board Chair Carl Meyer and Senior Planner Harvey Hoglund, Planning and Redevelopment Department, presented the following item from the August 9, 2005, Regular meeting of the Historic Preservation Board: Brick Streets in Laurel Park A motion was made by Commissioner Palmer, seconded by Vice Mayor Atkins, and carried by a 5-0 vote to accept the recommendation of Staff and the Historic Preservation Board to forward the issue of saving brick streets in the City to the Administration for review and a recommendation back with consideration of the issues raised by the Commission. (FTR 2:45) A motion was made by Commissioner Shelin, seconded by Commissioner Bilyeu, and carried by a 5-0 vote to receive the report of the August 9, 2005, Regular meeting of the Historic Preservation Board. (FTR 2:46) 2) REPORT RE: PUBLIC ART COMMITTEE'S REGULAR MEETING OF AUGUST 10, 2005 (AGENDA ITEM III-2) Public Art Committee Chair Virginia Hoffman and Chief Planner John Burg, Planning and Redevelopment Department, presented the following tem from the August 10, 2005, Regular meeting of the Public Art Committee: "Memory Path" by Artist Athena Tacha A motion was made by Commissioner Bilyeu, seconded by Commissioner Shelin, and carried by a 4-1 vote with Vice Mayor Atkins voting no to accept Staff's recommendation for Staff to develop a proposal including cost for disassembling and storing of the artwork "Memory Path" located at Selby Five Points Park for reconstruction at a later date. (FTR 3:07) Mayor Servian noted Commission consensus to refer the requirement for artwork for the Plaza at Five Points back to the Public Art Committee. BOOK 58 Page 29944 09/19/05 2:30 P.M. BOOK 58 Page 29945 09/19/05 2:30 P.M. A motion was made by Commissioner Shelin, seconded by Commissioner Bilyeu and carried by a 5-0 vote to accept the report of the August 9, 2005, Regular meeting of the Public Art Committee. (FTR 3:09) 3) REPORT RE: PARKS, RECREATION AND ENVIRONMENTAL PROTECTION BOARD'S MEETING OF JUNE 29, 2005 (AGENDA ITEM III-3) Vice Chair Millie Small and Capital Project Manager Duane Mountain, Public Works Department presented the following item from the June 29, 2005, meeting of the Parks, Recreation and Environmental Protection Board: County Ordinance No. 2001-84 Regulating Boat Speed Zones A motion was made by Commissioner Palmer, seconded by Commissioner Bilyeu, and carried by a 5-0 vote to recommend to Sarasota County to adopt Paragraphs 18 and 19 of County Ordinance 2001-84 concerning slow minimum wake and manatee zone signs at the Siesta Key bridge and not to adopt Paragraphs 16 and 17 of County Ordinance 2001- 84 concerning speed zones at the John Ringling Causeway bridge. (FTR 3:12) Pet-Free Areas in City Parks A motion was made by Commissioner Palmer, seconded by Commissioner Shelin, and carried by a 5-0 vote to approve the recommendation of Staff and the Parks, Recreation and Environmental Protection Advisory Board to direct Staff to draft an ordinance allowing designated pet-free areas within City parks provided the reason is warranted and support of the neighborhood is provided. (FTR 3:18) A motion was made by Commissioner Bilyeu, seconded by Shelin, and carried by a 5-0 vote to receive the report of the June 29, 2005, meeting of the Parks, Recreation and Environmental Protection Advisory Board. (FTR 3:19) in response to a comment by Commissioner Palmer concerning the effect of the use of fertilizers and pesticides on Sarasota Bay, Mayor Servian noted Commission consensus to refer to Parks, Recreation and Environmental Protection Board to consider possible regulations or methodologies for regulating fertilizers, pesticides, and various treatments of landscaping, lawn mowing, and agricultural uses. (FTR 3:20) 5. CONSENT AGENDA NO. 1 (AGENDA ITEM IV-A) A motion was made by Commissioner Palmer, seconded by Vice Mayor Atkins, and carried by a 5-0 vote to approve Item Nos. 2, 4, 5, 6, 7, 8, 9, and 11 on Consent Agenda No. 1 as follows: (FTR 3:23) 2) Approve to set for public hearing proposed Ordinance No. 05-4652, taxicab rate increase, etc. 4) Authorize the Mayor and City Auditor and Clerk to execute the Major Encroachment Agreement for foundation, canopies, and roof overhang extending into the right-of-ways of Central Avenue, Fifth Street, and the public alley for the Rizpoc Building located 1386 5th Street 5) Authorize the Mayor and City Auditor and Clerk to execute and award a formal contract to Utility Service Company, Incorporated for completion of the work in the amount of $213,900.00 specified to repair and repaint two steel elevated water storage tanks (Bid 05-24W) 6) Authorize the Administration to negotiate a professional services contract (RFP 05- 46K) with Ceres Environmental Services, Crowder-Gulf Joint Venture, Inc. and DRC Emergency Services, LLC for Disaster Recovery Assistance Services on an "as needed" basis and authorize the Mayor and City Auditor and Clerk to execute same 7) Authorize the Mayor and City Auditor and Clerk to execute an award contract to APAC-SOUTHEAST, Inc. in the amount of $1,544,877.75 for milling and resurfacing of 153,451 square yards of asphalted streets in the City 8) Authorize the Mayor and City Auditor and Clerk to execute the Local Agency Program (LAP) Agreement with the Florida Department of Transportation for Fruitville Road Medians 9) Authorize the Mayor and City Auditor and Clerk to execute the Second Amendment for drainage improvements to the Siesta Drive Agreement for Consulting Services 11) Approve an Amendment to Parking Agreement and License dated December 28, 2004 between the City of Sarasota and Casto-Zenith Venture, LLC, regarding the Whole Foods parking garage 6. CONSENT AGENDA NO. 2 (AGENDA ITEM IV-B) City Auditor and Clerk Robinson read the titles of proposed Resolution Nos. 05R-1849, 05R-1850, and 05R-1854 and proposed Ordinance Nos. 05-4625 and 05-4643. A motion was made by Commissioner Shelin, seconded by Bilyeu, and carried by a 5-0 vote to adopt Item Nos. 1 through 5, inclusive, on Consent Agenda No. 2 as follows: (FTR 3:26) 1) Proposed Resolution No. 05R-1849, Florida highway Beautification Council Grant Application; etc. (Title Only) 2) Proposed Resolution No. 05R-1850, authorizing the salary of the City Auditor and Clerk, effective October 5, 2004, determining which officers shall be set for surety bond and the amounts thereof; providing additional compensation for longevity; etc. (Title Only) 3) Proposed Resolution No. 05R-1854, indicating support for the Lido beach Erosion Control Project and ability to provide the necessary local fund match; setting forth findings; etc. (Title Only) 4) Proposed Ordinance No. 05-4625, to conditionally vacate that certain platted but unimproved 13.8 foot wide alley bounded on the West by the East right of way line of Madison Court and bounded on the East by the West right of way line of Columbia Court located between 527 Madison Court and 524 Columbia Court on the South, all as more particularly described herein; providing for severability of the parts hereof; etc. (Title Only) 5) Proposed Ordinance No. 05-4643, to correct and modify projects related to level of service standards in the Capital Improvements Chapter of the Comprehensive Plan of the City of Sarasota (A/K/A the Sarasota City Plan [1998]); stating findings BOOK 58 Page 29946 09/19/05 2:30 P.M. BOOK 58 Page 29947 09/19/05 2:30 P.M. of fact; adopting by reference an updated schedule of level of service projects into the Capital Improvements Chapter of the Sarasota City Plan (1998); repealing ordinances in conflict; providing for the severability of the parts hereof; etc. (Title Only) 7. UNFINISHED BUSINESS (AGENDA ITEM V) 1) REPORT RE: PROJECT UPDATE FROM CITY STAFF AND WAL-MART REPRESENTATIVES (AGENDA ITEM V-1) Planning and Redevelopment Specialist John Hawthorne, Brenda Patten, Land Use Attorney with the law firm of Kirk Pinkerton, David C. Campbell, P.E., Kimley-Horn and Associates, Inc., Jonathan M. Dorman, P.E., Kimley-Horn and Associates, Inc., David Goldman, Associate Hydrogeologist, Kimley-Horn and Associates, Inc., and Stephen Hutchinson, President, ECDC Realty, provided an update of the proposal to construct a Wal-Mart at 2046 Dr. Martin Luther King, Jr. Way, commonly known as the Urbaculture site. In response to a question from Commissioner Palmer concerning the timeframe, Attorney Patten stated that a proposal concerning the project will be presented to the City in 30 to 60 days. In response to a comment from Commissioner Palmer concerning a neighborhood meeting, Mr. Hutchinson stated that another neighborhood meeting will be held to present the proposal to area residents. 2) ADOPTION RE: PROPOSED RESOLUTION NO. 05R-1844, AMENDING THE SCHEDULE OF FEES FOR DEVELOPMENT REVIEW ACTIVITIES; ETC (TITLE ONLY) (AGENDA ITEM V-2) Michael Taylor, Deputy Director of Planning and Redevelopment, gave a presentation. Mayor Servian noted Commission consensus for Staff to be reasonable with the billing of time for development review activities. A motion was made by Commissioner Palmer, seconded by Commissioner Shelin, and carried by a 5-0 vote to extend the afternoon session to 5:00 p.m. (FTR 4:30) Mayor Servian noted Commission consensus for Staff to bill for waiting time at Board or Commission meetings. City Auditor and Clerk Robinson read proposed Resolution No. 05R-1844 by title only. A motion was made by Commissioner Shelin, seconded by Commissioner Palmer, and carried by a 5-0 vote to adopt proposed Resolution No. 05R-1844 with the elimination of the annual renewal fee for sidewalk cafes and the following sentence: however, staff time will not be billed while waiting for applications to be heard at Board or Commission meetings. (FTR 4:32) Commissioner Palmer left the Chambers at 4:42 p.m. and returned at 4:44 p.m. 3) REPORT RE. RECOMMENDATION FOR CHANGES TO THE VENDING ORDINANCE (AGENDA ITEM V-3) Deputy City Manager V. Peter Schneider and Zoning and Code Compliance Manager Beverly Spangler gave a presentation. Mayor Servian noted Commission consensus to increase the vendor application fee from $50 to $150 rather than $250 as recommended by Staff. (FTR 4:39) Mayor Servian noted Commission consensus not to regulate the parking of the vendors, other than to require vendors to confirm to the regular parking regulations. Mayor Servian noted Commission consensus not to adopt a map specifying the locations at which vending will be allowed. In response to a request by Zoning and Code Compliance Manager Spangler, Mayor Servian noted Commission consensus not to require Staff to monitor the employees staffing the vending carts. A motion was made by Commissioner Palmer, seconded by Vice Mayor Atkins, and carried by 5-0 to direct the preparation of an ordinance concerning commercial vending and set the proposed ordinance for Public Hearing with the following changes in the regulations: 1. allow a chair for the vendor to sit in, 2. allow employees, 3. modify the definition of commercial vending, and 4. increase the vendor application fee from $50 to $150.(FTR 4:49) 4) APPROVAL RE: AUTHORIZE THE MAYOR AND CITY AUDITOR TO EXECUTE THE CONTRACT WITH THE SARASOTA COUNTY EDUCATIONAL ASSISTANCE PROGRAM TO PURCHASE THE PROPERTY AT 2706 NORTH OSPREY AVENUE AND TO AUTHORIZE STAFF TO NEGOTIATE A CONTRACT WITH THE YMCA TO LEASE THE PROPERTY AT 2706 NORTH OSPREY FOR A PERIOD NOT TO EXCEED 5 YEARS AT $10 PER YEAR PROVIDED THE YMCA ADMINISTERS AN AFTER SCHOOL PROGRAM AT THE SITE (AGENDA ITEM V-4) Housing and Community Development Director Donald Hadsell gave a presentation, and stated that the Community Foundation of Sarasota County would approve the scholarship guidelines rather than the City Manager as indicated in the Agenda backup material. (FTR 4:50) In response to a comment by Commissioner Palmer, Mayor Servian noted Commission consensus to make the scholarship available to all residents of Newtown. In response to a comment by Vice Mayor Atkins, Carl Weinrich, Executive Director of the YMCA, stated that a contract for a period of three years with a renewal of two years would be acceptable to the YMCA. BOOK 58 Page 29948 09/19/05 2:30 P.M. BOOK 58 Page 29949 09/19/05 2:30 P.M. A motion was made by Commissioner Palmer, seconded by Commissioner Shelin, and carried by a 5-0 vote to accept the Administration's recommendation to authorize the Mayor to execute the contract with the Sarasota County Educational Assistance Program to purchase the property at 2706 North Osprey Avenue and to authorize Staff to negotiate a contract with the YMCA to lease the property for a period not to exceed three years with two one-year renewals at $10 per year provided the YMCA administers an after- school care program at the site and the change indicating all residents in Newtown would be eligible for the scholarship. (FTR 5:00) The Commission recessed at 5:00 p.m. and reconvened at 6:00 p.m., with Commissioner Palmer absent. 8. COMMISSION PRESENTATIONS (AGENDA ITEM XII) 1) PRESENTATION RE: PROCLAMATION TO SAFE PLACE AND RAPE CRISIS CENTER (SPARCC) DECLARING OCTOBER AS DOMESTIC VIOLENCE AWARENESS MONTH. (XII-1) - Presented to Stephanie Woods, Executive Director of Safe Place and Rape Crisis Center (SPARCC) 9. SCHEDULED PRESENTATIONS (AGENDA ITEM XIII) Commissioner Palmer arrived in the Chambers at 6:17 p.m. 1) PRESENTATION RE: INSTANT RUNOFF VOTING (AGENDA ITEM XIII-1) Anthony Lorenzo, Coalition for Instant Runoff Voting in Florida, Heidi Neale, and Nick Manolukas, Board Members for the Coalition for Instant Runoff Voting in Florida, gave a presentation. (FTR 6:34) 10. NON QUASI-JUDICIAL PUBLIC HEARING (AGENDA ITEM XIV) Deputy City Auditor and Clerk Karen McGowan repeated the Commission's Pledge of Public Conduct and administered an oath to all individuals wishing to speak during the public hearings. 1) SECOND PUBLIC HEARING RE: PROPOSED RESOLUTION NO. 05R-1848, APPROVING A BUDGET; AND MAKING APPROPRIATIONS OF SUMS OF MONEY FOR ALL EXPENDITURES OF THE CITY OF SARASOTA AND THE ST. ARMANDS SPECIAL BUSINESS NEIGHBORHOOD IMPROVEMENT DISTRICT FOR THE FISCAL YEAR BEGINNING ON OCTOBER 1, 2005, AND ENDING ON SEPTEMBER 30, 2006; PRESCRIBING THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND EAPPROPHIATIONS: PROVIDING FOR THE SEVERABILITY OF PARTS HEREOF IF DECLARED INVALID; ETC. (TITLE ONLY) AND PROPOSED RESOLUTION NO. 05R-1847, CERTIFYING TO THE PROPERTY APPRAISER AND THE TAX COLLECTOR OF SARASOTA COUNTY, THE RATES OF MILLAGE TO BE LEVIED BY THE CITY OF SARASOTA AND THE ST. ARMANDS SPECIAL BUSINESS NEIGHBORHOOD MPROVEMENT DISTRICT, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2005; ESTABLISHING THE CITY OF SARASOTA'S GENERAL FUND OPERATING MILLAGE AT 2.8393 AND THE ST. ARMANDS SPECIAL BUSINESS NEIGHBORHOOD IMPROVEMENT DISTRICT OPERATING MILLAGE AT 2.000 WHICH IS 22.9574 PERCENT HIGHER THAN THE AGGREGATE ROLLED-BACK MILLAGE RATE OF 2.3365; ESTABLISHING THE CITY OF SARASOTA'S DEBT SERVICE MILLAGE AT 1694; ETC. (TITLE ONLY) (AGENDA ITEM XIV-A-1) A presentation was given by Finance Director Gibson Mitchell. The following person spoke: Jeffery Steinwachs regarding his property taxes. Deputy City Auditor and Clerk McGowan read proposed Resolution No. 05R-1847 by title only. A motion was made by Commissioner Shelin, seconded by Vice Mayor Atkins, and carried by a 5-0 vote to adopt proposed Resolution No. 05R-1847. (FTR 6:50) Deputy City Auditor and Clerk McGowan read proposed Resolution No. 05R-1848 by title only. A motion was made by Commissioner Shelin, seconded by Commissioner Bilyeu, and carried by a 5-0 vote to adopt proposed Resolution No. 05R-1848. (FTR 6:51) 2) SECOND PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 05-4645, AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2004 BY PROVIDING FOR SUPPLEMENTAL APPROPRIATIONS IN THE AMOUNTS IDENTIFIED IN EXHIBIT A; PROVIDING FOR SEVERABILITY IF ANY OF THE PARTS HEREOF ARE DECLARED INVALID; ETC. (TITLE ONLY) (AGENDA ITEM XIV-A-2) Ap presentation was given by Finance Director Gibson Mitchell. Deputy City Auditor and Clerk McGowan read proposed Ordinance No. 05-4645 by title only. A motion was made by Commissioner Vice Mayor Atkins, seconded by Commissioner Shelin, and carried by a 5-0 vote to adopt proposed Ordinance No. 05-4645 on second reading. (FTR 6:54) 3) PUBLIC HEARING RE: PROPOSED BELLEVUE TERRACE TRAFFIC CALMING MASTER PLAN FOR THE CONSTRUCTION OF SPEED TABLES ON COURTLAND STREET BETWEEN TUTTLE AVENUE AND BRINK AVENUE, GREENBRIAR STREET BETWEEN TUTTLE AVENUE AND BRINK AVENUE, IRVING STREET BETWEEN CONRAD AVENUE AND LOCKWOOD RIDGE ROAD, LOCKWOOD RIDGE ROAD BETWEEN NOVUS COURT AND IRVING STREET AND A RAISED CROSSWALK AT THE INTERSECTION OF LOCKWOOD RIDGE ROAD AND WOOD STREET (AGENDA ITEM XIV-A-3) Transportation Planner Natalie Rush, Engineering Department, gave a presentation. In response to a comment by Vice Mayor Atkins, Mayor Servian noted Commission consensus to have a sample DuraTherm crosswalk installed in blue and white. BOOK 58 Page 29950 09/19/05 2:30 P.M. BOOK 58 Page 29951 09/19/05 2:30 P.M. The following person spoke: Mickey Emberton, representing the Bellevue Terrace Neighborhood Association, concerning the traffic calming devices necessary in the Bellevue Terrace Neighborhood. A motion was made by Commissioner Bilyeu, seconded by Commissioner Palmer, and carried by a 4-1 vote with Vice Mayor Atkins voting no to adopt the Bellevue Terrace Traffic Calming Master Plan and authorize Administration to implement. (FTR 7:06) 4) PUBLIC HEARING RE: PROPOSED NEWTOWN TRAFFIC CALMING MASTER PLAN FOR THE CONSTRUCTION OF SPEED TABLES ON 24TH STREET (BETWEEN OSPREY AVENUE AND US-301), GOODRICH AVENUE (BETWEEN DR. MARTIN LUTHER KING JR. WAY AND 36TH STREET), LEON AVENUE (BETWEEN 20TH STREET AND DR. MARTIN LUTHER KING JR. WAY) AND A TRAFFIC CIRCLE AT THE INTERSECTION OF 24TH STREET AND DIXIE AVENUE; ETC. (AGENDA ITEM XIV-A-4) Transportation Planner Natalie Rush, Engineering Department, gave a presentation. Vice Mayor Atkins stated that the traffic counts should be updated due to changing circulation patterns and increased police activity in the area. A motion was made by Commissioner Palmer, seconded by Vice Mayor Atkins, and carried by a 5-0 vote to continue consideration of the Newtown Traffic Calming Master Plan to an undetermined date and have Staff go back and meet with the neighborhood residents, conduct a re-count of the traffic, and re-evaluate the locations at which traffic tables are proposed. (FTR 7:19) 5) PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 05-4642, AMENDING THE FUTURE LAND USE CHAPTER OF THE COMPREHENSIVE PLAN OF THE CITY OF SARASOTA (A/K/A THE SARASOTA CITY PLAN 1998]) TO CHANGE THE FUTURE LAND USE CLASSIFICATION OF A 0.46+ ACRE PARCEL OF PROPERTY LOCATED ON THE SOUTH SIDE OF MAIN STREET BETWEEN LIME AVENUE AND SHADE AVENUE FROM THE COMMUNITY OFFICE/INSTITUTIONAL FUTURE LAND USE CLASSIFICATION TO THE MULTIPLE FAMILY (MEDIUM DENSITY)" FUTURE LAND USE CLASSIFICATION IN ACCORDANCE WITH COMPREHENSIVE PLAN AMENDMENT APPLICATION NO. 04-PA-02; SAID PROPERTY HAVING STREET ADDRESSES OF 2324 AND 2346 MAIN STREET; REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR THE SEVERABILITY OF PARTS HEREOF; ETC. (TITLE ONLY) (AGENDA ITEM XIV-A-5) Senior Planner David Smith, Planning and Redevelopment Department, gave a presentation. Bruce Franklin, President, Land Resource Strategies, Inc., gave a presentation on behalf of the Applicant, MMP Associates. The following person spoke: Alex Davis-Shaw, property owner on Main Street, concerning residential buffering for the property located at 2324 and 2346 Main Street. City Auditor and Clerk Robinson read proposed Ordinance No. 05-4642 by title only. A motion was made by Commissioner Bilyeu, seconded by Vice Mayor Atkins, and carried by a 4-1 vote with Commissioner Palmer voting no to pass proposed Ordinance No. 05- 4642 on first reading. (FTR 7:45) The Commission recessed at 7:46 p.m. and reconvened at 7:58 p.m. 11. QUASI-JUDICIAL PUBLIC HEARINGS (AGENDA ITEM XIV-B) 1) PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 05-4627, TO REZONE A PARCEL OF REAL PROPERTY LOCATE AT THE NORTHEAST CORNER OF FRUITVILLE ROAD AND JEFFERSON AVENUE WITH A STREET ADDRESS OF 138 NORTH JEFFERSON AVENUE FROM THE OFFICE PARK (OP) ZONE DISTRICT TO THE OFFICE COMMUNITY DISTRICT (OCD) ZONE DISTRICT; APPROVING SITE PLAN APPLICATION NO. 05-SP-14 TO ALLOW CONSTRUCTION OF A ONE STORY 3,600 SQUARE FOOT PROFESSIONAL OFFICE BUILDING AND ASSOCIATED SURFACE PARKING; ALL AS MORE PARTICULARLY SET FORTH HEREIN; ETC. (TITLE ONLY) (AGENDA ITEM XIV-B-1) Joel Freedman, Freedman Consulting and Development, LLC, representing the Applicants Joshua and Caterina Rosen, gave a presentation. Senior Planner Allen Parsons, Planning and Redevelopment Department, gave the Staff presentation. The following person spoke: Jon Susce, representing the Park East Neighborhood Association, regarding concerns related to the rezoning of 138 North Jefferson Avenue. Mr. Parsons offered Staff rebuttal. City Auditor and Clerk Robinson read proposed Ordinance No. 05-4627 by title only. A motion was made by Commissioner Bilyeu, seconded by Commissioner Palmer, and carried by a 5-0 vote to pass proposed Ordinance No. 05-4627 on first reading. (FTR 8:18) 2) PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 05-4635, AMENDING REZONING ORDINANCE NO. 03-4489 AND 04-4580 TO REFLECT THE APPROVAL AND SUBSTITUTION OF SITE PLAN 04-SP-31 PERTAINING TO A RESIDENTIAL CONDOMINIUM PROJECT KNOWN AS THE METROPOLITAN; INCREASING THE ENCLOSED PARKING FOR 65 ADDITIONAL VEHICLES AND PROVIDING A LARGER PEDESTAL TO ACCOMMODATE SAME AND INCREASED WIDTH THROUGH THE LATITUDINAL SECTION OF THE BUILDING TOWER THUS INCREASING THE GROSS COMMERCIAL CENTRAL BUSINESS DISTRICT (C-CBD) AND LOCATED AT ONE NORTH TAMIAMI TRAIL; SETTING FORTH CONDITIONS OF APPROVAL; ETC (TITLE ONLY) (AGENDA ITEM XIV-B-2) Attorney Michael Furen, law firm of Icard, Merrill, Cullis, Timm, Furen, and Ginsburg, Bruce Franklin, President, Land Resource Strategies, Inc., and Millard Yoder, P.E., WilsonMiller, representing the Applicant Kolter Property Company, gave a presentation. BOOK 58 Page 29952 09/19/05 2:30 P.M. BOOK 58 Page 29953 09/19/05 2:30 P.M. Attorney Furen presented the following revisions to proposed Ordinance No. 05-4635: 1) to include reference to the site plan submitted with the rezoning application, 2) to allow amendments pursuant to Section 5(c) of Ordinance No. 05-4631, and 3) to eliminate as redundant the following from Section 4: All conditions applicable to the prior rezoning of the subject properties depicted on Exhibit "A," and Exhibit "B" shall remain in effect unless in conflict with the provisions of this Ordinance. In the event of a conflict, the provisions of this Ordinance shall prevail. City Attorney Fournier stated that the proposed Ordinance was revised to include the revisions; however, the correct copy of the proposed Ordinance was not included in the Agenda backup material but will be provided for second reading. Senior Planner Harvey Hoglund, Planning and Redevelopment Department, gave the Staff presentation. The following Affected Person spoke: Elliot Silverman with his attorney, Richard Ulrecht, Esq., representing the One Watergate Condominium Association concerning water retention and water runoff which could occur with the development of the project located at One North Tamiami Trail. The following person spoke: Omar Said, representing the Ritz-Carlton Hotel and Condominiums regarding the traffic that would come along with the development of One North Tamiami Trail. Attorney Furen, Mr. Franklin, and Mr. Yoder offered rebuttal on behalf of the Applicant. Attorney Ulrecht offered rebuttal on behalf of the Affected Person City Auditor and Clerk Robinson read proposed Ordinance No. 05-4635 by title only. In response to a request for a point of information from Commissioner Palmer concerning the reference to the Commercial Central Business District (C-CBD) Zone District, City Attorney Fournier stated that the property was previously in the C-CBD Zone District but is now in the Downtown Bayfront Zone District and the proposed Ordinance will be revised prior to second reading to accurately reflect the current Zone District. A motion was made by Commissioner Bilyeu, seconded by Commissioner Palmer, and carried by a 5-0 vote to pass proposed Ordinance No. 05-4635 on first reading, with the revisions indicated by the City Attorney. (FTR 9:10) 12. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM XV) The following person spoke: Maria Gelinas concerning the Central/Coconut Neighborhood. (FTR 9:16) 13. UNFINISHED BUSINESS (AGENDA ITEM XVI) 1) PROPOSAL RE: EXPANSION OF THE BOUNDARIES OF THE CITY OF SARASOTA COMMUNITY REDEVELOPMENT AREA TO INCLUDE THE BOUNDARIES OF THE AREA STUDIES IN THE NEWTOWN COMPREHENSIVE REDEVELOPMENT PLAN PREPARED FOR THE CITY BY BAKER AND ASSOCIATES City Attorney Fournier, Planning and Redevelopment Director Jane Robinson, and Planning and Newtown Redevelopment Specialist John Hawthorne gave a presentation. In response to a question from Mayor Servian, City Attorney Fournier stated that the hope is David Cardwell, Attorney, The Cardwell Law Firm and Special Counsel to the Community Redevelopment Agency, will attend the October 3, 2005, or November 7, 2005, Regular Commission to respond to Commission questions. A motion was made by Commissioner Bilyeu, seconded by Vice Mayor Atkins and carried by a 5-0 vote to authorize the City Attorney to contact David Cardwell, Attorney, The Cardwell Law Firm, and Special Council for the Community Redevelopment Agency to assist in the preparation of a formal request to the Sarasota Board of County Commissioners for a delegation of authority to the Community to designate the Newtown Urban Infill and Redevelopment Area as part of the Community Redevelopment Area. (FTR 9:27) A motion was made by Commissioner Palmer, seconded by Commissioner Bilyeu, and carried by a 5-0 vote to consider Agenda Item No. XVII-2 concerning the Sarasota Outboard Club before Agenda Item No. XVII-1 and to extend the meeting until the end of the Agenda. (FTR 9:28) 14. NEW BUSINESS (AGENDA ITEM XVII) 1) APPROVAL RE: MONTH-TO-MONTH TENANCY WITH THE SARASOTA OUTBOARD CLUB TO ALLOW THE ADMINISTRATION TIME TO DETERMINE ALTERNATIVE USES FOR THE AREA INCLUDING ISSUING A REQUEST FOR PROPOSAL TO SOLICIT ALTERNATIVE USES, ETC. (AGENDA ITEM XVII-2) General Services Director Nancy Carolan gave a presentation. The following people spoke: Tonie Lovin, Andrew Owens, Becki Dillon, and Sandy Baar, representing the Sarasota Outboard Club, concerning the interest in a renewal of the lease for the Sarasota Outboard Club. A motion was made by Commissioner Shelin, seconded by Commissioner Bilyeu, and carried by a 5-0 vote to extend the lease of the Sarasota Outboard Club for 5 years. (FTR 10:02) 2) PRESENTATION RE: FIVE POINTS PARK SHORT AND LONG-TERM PLANS (AGENDA ITEM XVII-1) Chief Planner John Burg, Deputy Director/Assistant City Engineer Alexandrea Davis- Shaw, and Deputy Director of Public Works Todd Kucharski gave a presentation. A motion was made by Commissioner Palmer, seconded by Commissioner Bilyeu, and carried by a 4-1 vote, with Vice Mayor Atkins voting no to accept Staff's recommendation to BOOK 58 Page 29954 09/19/05 2:30 P.M. BOOK 58 Page 29955 09/19/05 2:30 P.M. authorize the Administration to proceed with planning for the renovation of the Five Points Park and adjacent rights-of-way to determine whether the Park should be active or passive in character and to develop a general concept consistent with the desired character. (FTR 10:16) 3) APPROVAL RE: SET FOR PUBLIC HEARING PROPOSED ORDINANCE NO. 05-4644, AMENDING CHAPTER 24, PERSONNEL, ARTICLE I, PENSION, DIVISION 4, GENERAL EMPLOYEES, OF THE CODE OF ORDINANCES OF THE CITY OF SARASOTA, AMENDING SECTION 21-96, DEFINITIONS TO AMEND THE DEFINITIONS OF "CREDITED SERVICE" AND "EMPLOYEE"; AMENDING SECTION 24-97, MEMBERSHIP; AMENDING SECTION 24-101, CREDITED SERVICE; AMENDING SECTION 24-104, OPTIONAL FORMS OF PENSION; AMENDING SECTION24-108, DISTRIBUTION OF BENEFITS; AMENDING SECTION 24-115, DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS; AMENDING SECTION 24-116, REEMPLOYMENT AFTER RETIREMENT; AMENDING SECTION 24- 117, DEFERRED RETIREMENT OPTION PLAN; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY OF THE PARTS HEREOF IF DECLARED INVALID; ETC. In response to a comment from Commissioner Palmer, City Attorney Fournier stated that a vote in favor of the proposed Ordinance could result in a special private gain to a Commissioner; that Vice Mayor Atkins and Commissioner Palmer have the required ten years of service for vesting in the pension plan and could, therefore, be favorably affected by the provisions of the proposed Ordinance; that the legal interpretation being offered is extremely conservative. Vice Mayor Atkins and Commissioner Palmer announced a conflict of interest regarding proposed Ordinance No. 05-4644 for the legal reasons offered. (FTR 10:17) A motion was made by Commissioner Shelin, seconded by Commissioner Bilyeu, and carried by 3-0 vote with Vice Mayor Atkins and Commissioner Palmer abstaining to set proposed Ordinance No. 05-4644 for Public Hearing. (FTR 10:20) 4) APPROVAL RE: AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE THE TEMPORARY PARKING AGREEMENT BETWEEN THE CITY OF SARASOTA AND ZENITH INSURANCE COMPANY FOR 50 PARKING SPACES WITHIN THE VAN WEZEL PERFORMING ARTS HALL PARKING LOT FOR A PERIOD OF ONE YEAR WITH AN OPTION TO EXTEND ONCE FOR ONE YEAR. A motion was made by Commissioner Palmer, seconded by Commissioner Shelin, and carried by a 5-0 vote to approve the lease agreement with Zenith Corporation for 50 parking spaces in the parking lot of the Van Wezel Performing Arts Hall. (FTR 10:23) 15. COMMISSION BOARD AND COMMITTEE REPORTS (AGENDA ITEM XVIII) A. Commissioner Shelin reported on the meeting of Public Art Committee (FTR 10:24) B. Commissioner Palmer reported on information received from the Intergovernmental Relations Committee of the Florida League of Cities. C. Mayor Servian reported on the meeting of the Tourist and Economic Development Board. (FTR 10:30) 16. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA (AGENDA ITEM XIX) A. In response to a comment by Commissioner Palmer concerning a procedure for rescissions, City Attorney stated that information will be presented for discussion at the October 3, 2005, Regular Commission meeting. B. In response to a question by Commissioner Shelin, City Manager McNees stated that the Police Chief is investigating the possibility of loaning police cars to the City of New Orleans. C. In response to a question by Commissioner Shelin concerning night construction at 1350 Main Street, City Manager McNees stated that a report will be provided the Commission. D. In response to a comment by Mayor Servian concerning the Insurance Service Organization (ISO) study and rating, City Manager McNees stated that a response will be obtained from the Fire Chief for Sarasota County. 17. OTHER MAITERSADMINISTRATVE OFFICERS (AGENDA ITEM XX) A. City Attorney Fournier stated that two new attorneys have been hired and will start in October 2005. 18. ADJOURN (AGENDA ITEM XXI) Mayor Servian adjourned the meeting at 10:55 p.m. hn L a MARY APNE SERVIAN, MAYOR à 66 07 BHLYE, BOBNSON/CITY AUDITOR AND CLERK 907 84R BOOK 58 Page 29956 09/19/05 2:30 P.M. FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LASJ NAME-FIRSTAAME- NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Palmer Lou AMOPVENA Ann City Commission THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON MAHT8dPPES Fruitville Road #75 WHICHI SERVE ISA AUNIT OF: X CITY OCOUNTY D0THERLOCALAGENCY CITY COUNTY Sarasota Sarasota NAME OF POLITIÇAL SUBDIMISION: City of Sarasota DATE ON WHIÇHVOTE OCCURRED MY POSITION IS: September 19, 2005 % ELECTIVE a APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a govemment agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the speciai private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from. voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes oft the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT' WHICH THE VOTE WILL BE TAKEN: You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) A copy of the form must be provided immediately to the other members of the agency. Thef form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: Your must disclose orally the nature of your conflict in the measure before participating. You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes oft the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST , Lou Ann R. Palmer hereby disclose that on September 19 20 05 (a). A measure came or will come before my agency which (check one) X inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of by whom I am retained; or inured to the special gain or loss of which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest int the measure is as follows: Approval to set for public hearing proposed Ordinance No. 05-4644 amending Chapter 24 Personnel, Article II, Pension, Division 4, General Employees, of the Code of Ordinances of the City of Sarasota, Amending Section 21-96, Definitions to amend the definitions of "credited service" and 'employee' - ; amending section 24-97, Membership; amending Section 24-101, credited service; amending Section 24-104, optional forms of pension; amending Section 24-108, distribution of benefits; amending Section 24-115, direct transfers of eligible rollover distributions; amending Section 24-116, reemployment after retirement amending Section 24-117, dererred retirement option plan - I have the required ten years of service for vesting in the pension plan and could, therefore, be favorably affected by the provisions of the proposed Ordinance. 1 LA - - Date s/aglas Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES $112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B EFF. 1/2000 PAGE 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS FIRSTNAMEMIPPLEA NAME NAME OF BOARD, ÇOUNÇIL, COMMISSION, AUTHORITY, OR COMMITTEE VAEEKMSS Fredd" GIossie' 1 City Commission MAILNGADPRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 1598 29th Street WHICHIS SERVE ISA AU UNIT OF: d CITY OCOUNTY 00 OTHERLOCAL/ AGENCY CITY COUNTY Sarasota Sarasota NAMEOFF POLIICAL SUBDMISION: City of Sarasota DATE ON WHICHVOTEG OCCURRED MY POSITION IS: September 19, 2005 K ELECTIVE a APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict ofi interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); toi the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: Ina addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes oft the meeting, who should incorporate the form int the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) A copy of the form must be provided mmediately to the other members of the agency. The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO NFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: Your must disclose orally the nature of your conflict in the measure before participating. You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST Fredd "Glossie" Atkins 19 , hereby disclose that on September 20 05 (a) A measure came or will come before my agency which (check one) X inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of by whom I am retained; or inured to the special gain or loss of which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Approval to set for public hearing proposed Ordinance No. 05-4644 amending Chapter 24, Personnel, Article II, Pension, Division 4, General Employees, of the Code of Ord- inances of the City of Sarasota, Amending Section 21-96, Definitions to amend the def- initions of "credited service" and "employee"; amending section 24-97, Membership; amend- ing Section 24-101, credited service; amending Section 24-104, optional forms of pension; amending Section 24-108, distribution of benefits; amending Section 24-115, direct trans- fer of eligible rollover distributions; amending Section 24-116, reemployment after re- tirement; amending Section 24-117, deferred retirement option plan- I have required ten years of service for vesting in the pension plan and could, therefore, be favorably affected by the provisions of the proposed Ordinance. g/aalos Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES $112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B EFF. 1/2000 PAGE 2