BOOK 58 Page 29983 11/07/05 2:30 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF NOVEMBER 7, 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/ PLEDGE OF ALLEGIANCE: City Auditor and Clerk Robinson 1. CITIZENS' INPUT (AGENDA ITEM I) The following people spoke: Stan Zimmerman, Chair of the Alta Vista Neighborhood Association (AVNA), indicating the AVNA was grateful for the Commission's decision to fund approximately $7 million to fund the first phase of Payne Park and the AVNA voted unanimously to purchase a brick for the Fredd "Glossie" Atkins Park; gave $100 to the City for the brick; and encouraged everyone to vote at the November 8, 2005, referendum. Mark Herrli concerning the Consent Order from the Florida Department of Environmental Protection as a result of the sewage spills at Lift Station No. 7 and other locations throughout the City. Charles Kevin Senf recommending the City develop a comprehensive database of the City's real property assets, congratulating the City for holding the Citizens Academy, and submitting an application to attend the Citizens Academy. (FTR2:41) 2. CHANGES TO THE ORDER OF THE DAY City Auditor and Clerk Robinson presented the following Change to the Order of the Day: A. Add under Unfinished Business, as Item VI-6, Approval Re: Appropriation of $13,000 to undertake a real estate appraisal of the Verna Well Field and the Pond as well as determining the value of their associated development rights per the request of Director of Planning and Redevelopment Robinson. Mayor Servian presented the following Change to the Order of the Day: A. Change New Business Agenda Item No. XVII-4 to New Business Agenda Item No. XVII 1 and reorder the balance of the New Business Agenda items. Mayor Servian noted Commission consensus to approve the Changes to the Order of the Day. (FTR 2:46) 3. APPROVAL OF MINUTES (AGENDA ITEM II) Mayor Servian noted Commission consensus to approve the minutes of the Special Sarasota City Commission meeting of October 11, 2005, the Regular Sarasota City meeting of October 17, 2005, and the Sarasota City Commission Emergency meeting of October 20, 2005. (FTR2 2:46) 4. 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. 1, 2, 3, 4, 5, and 6 on Consent Agenda No. 1 as follows: (FTR 2:47) 1) Authorize the Mayor and City Auditor and Clerk to execute Municipal Services and Pre- Annexation Agreement for Mark R. Caruso for sanitary sewer service for a developed site located at 3920/22 and 3924/26 Freedom Avenue 2) Florida Department of Environmental Protection Land and Water Conservation Fund Program Project Agreement for Development of the West Bayfront Multi-Use Recreational Trail Bird Key/Coon Key Phase I Bird Key Park 3) Approve the Neighborhood Grant Review Committee's recommendation for funding allocation, authorize the Administration to disburse $6,739.83 of funding allocated for the Neighborhood Grant Program (NGP) with $4,239.83 awarded for non crime-related projects, $2,500 for crime-related projects and authorize the Administration to execute an Agreement for Neighborhood Grant Funding" with each association awarded funding 4) Authorize the Mayor and City Auditor and Clerk to execute the Sarasota Memorial Hospital (SMH) Major Encroachment Agreement 5) Award for Bid No. 05-50K to Tampa Contracting Services, Inc., in the amount of $1,014,094.66 for the Fredd "Glossie" Atkins Park Landscape Development Project 6) Delegate approval of the subleaselsubagremen: between the Fraternal Order of Police and Tip Top Tree of Sarasota, Inc., to the City Manager 5. CONSENT AGENDA NO. 2 (AGENDA ITEM IV-B) In response to a point of information raised by Commissioner Palmer concerning clarification of Item No. 1, City Manager McNees stated that all the supplemental appropriations listed on Exhibit A of proposed Resolution No. 06R-1863 were included in the fiscal year 2004/05 budget but additional clarification concerning the supplemental appropriations for the Community Redevelopment Area liner building, the optional liner building in the Rosemary District, and funding for Downtown transportation will be provided. City Auditor and Clerk Robinson read the titles of proposed Resolution Nos. 06R-1863, 06R-1864 and proposed Ordinance Nos. 05-4637 and 05-4653. A motion was made by Commissioner Shelin, seconded by Vice Mayor Atkins, and carried by 5-0 vote to adopt Item Nos. 1, 2, 3, and 4 on Consent Agenda No. 2 as follows with the condition the clarification requested for Item No. 1 will be provided: (FTR 2:51) 1) Proposed Resolution No. 06R-1863, amending the budget for the fiscal year beginning October 1, 2005 by appropriating funds to provide for the re-appropriation of the funding for projects that were budgeted in the previous fiscal year but not completed and a contract or purchase order had not been issued as of September 30, 2005, and to provide for supplemental appropriations in the amounts identified in Exhibit A; etc. (Title Only) 2) Proposed Resolution No. 06R-1864, designating to polling place for the Golden Gate Point Streetscape Special District Bond Referendum to be held on December 13, 2005; appointing the Clerk, Inspectors and Officer for said election; etc. (Title Only) 3) Proposed Ordinance No. 05-4637, amending the City of Sarasota Administrative Amendments to the Florida Building Code, section 104.6.1(6) as adopted by reference in Chapter 11, Article II, Sarasota City Code to increase the maximum amount for a zoning fee; repealing ordinances in conflict; providing for severability if any of the parts hereof are declared invalid; etc. (Title Only) 4) Proposed Ordinance No. 05-4653, providing for the designation of the structure located at 1905 Alta Vista Street, historically known as the Pearsall House, as a structure of historic significance pursuant to the historic designation regulations of the City found in Article IV, Division 8 of the Zoning Code (2002 Edition) all as more particularly described BOOK 58 Page 29984 11/07/05 2:30 P.M. BOOK 58 Page 29985 11/07/05 2:30 P.M. herein; etc. (Title Only)(Application NO. 05-HD-02, Applicant Mikki Hartig, as agent representing Carolyn Van Helden, Trustee of the Carolyn Jones Van Helden Trust, as owner) 6. UNFINISHED BUSINESS (AGENDA ITEM VI) 1) ADOPTION RE: SECOND READING OF 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"; 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 TRANSFER OF ELIGIBLE ROLLOVER DISTRIBUTIONS; AMENDING SECTION24-116, 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. (TITLE ONLY) (AGENDA ITEM VI-1) Vice Mayor Atkins and Commissioner Palmer announced a potential conflict of interest regarding proposed Ordinance No. 05-4644 as the proposed Ordinance could result in a special private gain since both have the required ten years of service for vesting in the pension plan. (FTR 2:51) City Auditor and Clerk Robinson read proposed Ordinance No. 05-4644 by title only. A motion was made by Commissioner Shelin, seconded by Commissioner Bilyeu, and carried by a 3-0 vote with Vice Mayor Atkins and Commissioner Palmer abstaining to adopt proposed Ordinance No. 05-4644 on second reading. (FTR 2:53) 2) WITHDRAWAL OF REQUEST FOR AUTHORIZATION TO PURSUE LIDO BEACH FEDERAL PROJECT VIA SECTION 206 OF WRDA-92 AND REQUEST THE USACE TO PREPARE A PRECONSTRUCTION ENGINEERING AND DESIGN (PED) COST- SHARING AGREEMENT AND THEN BEGIN DESIGN OF THE PROJECT (AGENDA ITEM VI-2) Following a presentation by City Engineer/Engineering Director Dennis Daughters, a motion was made by Commissioner Palmer, seconded by Commissioner Shelin, and carried by a 5-0 vote to approve Staff's recommendation to withdraw the March 20, 2003, request for authorization to pursue the Lido Beach Federal Project via Section 206 of the Water Resources Development Act of 1992; and request the United States Army Corps of Engineers prepare a Preconstruction Engineering and Design cost-sharing agreement and begin design of the project. (FTR 3:12) 3) EXPANSION OF CURRENT DESIGNATED COMMUNITY REDEVELOPMENT AREA TO INCLUDE THE AREA SUBJECT TO THE NEWTOWN REDEVELOPMENT PLAN (I.E. THE GEOGRAPHIÇAL AREA BOUNDED ON THE NORTH BY MYRTLE STREET; ON THE SOUTH BY 17'H STREET, ON THE WEST BY THE NORTH TAMIAMI TRAIL (U.S. 41) AND ON THE EAST BY WASHINGTON BOULEVARD (U.S. 301) (AGENDA ITEM VI-3) City Attorney Fournier gave a presentation and requested the Commission authorize the preparation of a Resolution for a finding of blight supported by data and analysis to expand the boundaries of the Community Redevelopment Area and an Interlocal Agreement with Sarasota County concerning the County's share of the funds paid into the Redevelopment Trust Fund and providing for the termination of the Downtown Community Redevelopment Area in 2016 and the continuation of the Newtown Community Redevelopment Area through 2036. A motion was made by Commissioner Palmer, seconded by Commissioner Shelin, and carried by a 5-0 vote to accept Staff's recommendation to authorize the City Attorney to work with the Planning and Redevelopment Department and Attorney David Cardwell to prepare a Resolution to expand the boundaries of the Community Redevelopment Area and an Interlocal Agreement with Sarasota County. (FTR 3:33) 4) DISASSEMBLY OF MEMORY PATH" PUBLIC ART TO BE PLACED IN STORAGE FOR RECONSTRUCTION AT A FUTURE DATE (AGENDA ITEM VI-4) Chief Planner John Burg, Planning and Redevelopment Department, gave a presentation concerning the artist's response to the Commission's action at the September 19, 2005, Regular Commission meeting to direct the disassembly and storage of the artwork entitled "Memory Path" located at Selby Five Points Park and stated that the artist indicated the proposed disassembly and storage was unacceptable and legally actionable. City Attorney Fournier gave a presentation concerning the Visual Artists Rights Act (VARA) of 1990 and stated that the artist objected to the disassembly and storage without a guarantee the artwork would be repaired and the Commission would commit to the future display of the artwork but also offered to release her rights in exchange for a payment of $75,000. A motion was made by Commissioner Palmer, seconded by Commissioner Shelin, and carried by a 4-1 vote with Vice Mayor Atkins voting no to commit to the restoration and future public display of the sculpture "Memory Path" and to decide as to the future location of "Memory Path" after the finalization of the Selby Five Points Park Plan. (FTR 3:45) 5) RESULTS OF THE 2005 CITIZEN SATISFACTION SURVEY (AGENDA ITEM VI-5) Debra Figueroa, Assistant to the City Manager, gave a presentation concerning the results of the Citizen Satisfaction Survey conducted of 3,000 households including 1,500 single-tamily units and 1,500 multi-family units selected using a stratified systematic sampling method which had a return rate of 35% compared to an average return rate of 20 to 40%. 6) APPROPRIATION OF $13,000 TO UNDERTAKE A REAL ESTATE APPRAISAL OF THE VERNA WELL FIELD AND THE POND AS WELL AS DETERMINING THE VALUE OF THEIR ASSOCIATED DEVELOPMENT RIGHTS. (AGENDA ITEM VI-6) A presentation by Planning and Redevelopment Director Jane Robinson. A motion was made by Commissioner Palmer, seconded by Vice Mayor Atkins, and carried by a 5-0 vote to approve the Administration's recommendation to have a real estate appraisal of the Verna Well Field and the pond as well as the value of associated development rights conducted at a cost of $13,000, with the cost of the City's appraisal paid by Indian Creek L.L.C. (FTR4:28) In response to a comment by Rod Krebs, representing Indian Creek L.L.C., City Manager McNees stated that Indian Creek L.L.C. would pay the cost of the appraisal and the City could reimburse Indian Creek L.L.C. if the development rights are sold to someone else. The Commission recessed at 4:29 p.m. and reconvened at 6:00 p.m. 7. COMMISSION PRESENTATIONS (AGENDA ITEM XII) 1) PRESENTATION RE: EMPLOYEE OF THE MONTH FOR OCTOBER 2005, CAROL KARR, PERSONNEL PAYROLL SPECIALIST (AGENDA ITEM XII-1) - Presented to Carol Karr (FTR 6:07) BOOK 58 Page 29986 11/07/05 2:30 P.M. BOOK 58 Page 29987 11/07/05 2:30 P.M. 2) PROCLAMATION RE: PROCLAIMING THE MONTH OF NOVEMBER NATIONAL HOME CARE MONTH, IN THE CITY OF SARASOTA (AGENDA ITEM XII-2) - Presented to Fay Williams, Director of Sarasota Memorial Home Care Services, Patty Robacker, Registered Nurse Case Manager, Vito Amato, Occupational Therapist, Tom Kocourek, Physical Therapist, Marnie Horn, Home House Aid, Nancy Wright, Director of Clinical Service, and Dawn Marie Panarella, Home House Aid for Sarasota Memorial Home Care Services. 3) ADOPTION RE: MEMORIAL RESOLUTION NO. 06R-1862 REÇOGNIZING THE PASSING OF FORMER CITY COMMISSIONER ROBERT ANSON (AGENDA ITEM XII-3) Mayor Servian read proposed Resolution No. 06R-1862 in its entirety. A motion was made by Commissioner Palmer, seconded by Commissioner Shelin, and carried by a 5-0 vote to adopt Memorial Resolution No. 06R-1862. (FTR 6:15) Memorial Resolution No. 06R-1862 was presented to Edie Anson, widow and David Anson, son. 8. SCHEDULED PRESENTATIONS (AGENDA ITEM XIII) 1) PRESENTATION RE: IMPACT OF BIG BROTHERSIBIG SISTERS ON THE CITY (AGENDA ITEM XIII-1) Following an introduction by Commissioner Palmer, Joy Mahler, President and Chief Executive Officer, Rich Puckett, Corporate Board Chair, Big Brothers Big Sisters, and Kevin Callahan, Managing Director, MetLife Financial, gave a presentation concerning the impact of the Big Brothers/Big Sisters on the City and requesting the City appoint a liaison to the organization. 9. NON QUASI-JUDICIAL PUBLIC HEARING (AGENDA ITEM XIV-A) City Auditor and Clerk Robinson repeated the Commission's Pledge of Public Conduct and administered an oath to all individuals wishing to speak during the public hearings. 1) PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 05-4654, AN ORDINANCE OF THE CITY OF SARASOTA, FLORIDA, AMENDING THE SARASOTA CITY CODE, CHAPTER 23, PEDDLERS AND SOLICITORS, ARTICLE I, IN GENERAL, SECTION 23-3.6, COMMERCIAL VENDING ON PUBLIC PROPERTY AND PUBLIC RIGHT OF WAY sO AS TO LIMIT COMMERCIAL VENDING TO FOODSTUFFS AND BEVERAGES, RAISE THE APPLICATION FEE TO ONE HUNDRED FIFTY DOLLARS ($150.00) AND ALLOW VENDORS TO HAVE A CHAIR AND EMPLOYEES; REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR THE SEVERABILITY IF ANY OF THE PARTS HEREOF ARE DECLARED INVALID; ETC. (TITLE ONLY/(AGENDA ITEM XIV-A-1) Following a presentation by Director Timothy Litchet, Building, Zoning, and Code Compliance Department, City Auditor and Clerk Robinson read proposed Ordinance No. 05-4654 by title only. A motion was made by Commissioner Shelin, seconded by Commissioner Bilyeu, and carried by 5-0 vote to pass proposed Ordinance 05-4654 on first reading. (FTR 6:34) 2) PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 06-4659, OPTING OUT OF EARLY VOTING FOR THE DECEMBER 13, 2005 BOND REFERENDUM OF THE QUALIFIED ELECTORS WITHIN THE GOLDEN GATE POINT STREETSCAPE SPECIAL DISTRICT; REPEALING ORDINANCES IN CONFLICT; ETC. (TITLE ONLY/(AGENDA ITEM XIV-A-2) City Auditor and Clerk Robinson gave a presentation and read proposed Ordinance No. 06-4659 by title only. A motion was made by Vice Mayor Atkins, seconded by Commissioner Shelin, and carried by 5-0 vote to pass proposed Ordinance No. 06-4659 on first reading (FTR 6:34) 10. QUASI-JUDICIAL PUBLIC HEARING (AGENDA ITEM XIV-B) City Attorney Fournier explained the quasi-judicial public hearing process. 1) PUBLIC HEARING RE: PROPOSED RESOLUTION NO. 06R-1859, APPROVING APPLICATION NO. 05-SP-20 TO PERMIT CONSTRUCTION OF A TWO STORY APPROXIMATELY 32,138 SQUARE FOOT AIR CRAFT MAINTENANCE BUILDING ON PROPERTY LOCATED AT 5860 BRADENTON ROAD NEAR THE SOUTHEAST CORNER OF THE AIRPORT PROPERTY; SAID PROPERTY IS ZONED GOVERNMENTAL (G); SETTING FORTH CONDITIONS OF APPROVAL OF SAID SITE PLAN; ETC. (TITLE ONLY) (APPLICATION NO. 05-SP-20, APPLICANT POST, BUCKLEY, SCHUH & JERNIGAN, AS AGENT REPRESENTING THE SARASOTA MANATEE AIRPORT AUTHORITY, AS FEE SIMPLE OWNER)AGENDA ITEM XIV-B-1) Raymond White, AAE, AICP, Director of Engineering and Environmental Affairs, Sarasota Manatee Airport Authority, and Daniel Bourassam, R.A., Senior Architect III, Post, Buckley, Schuh & Jernigan (PBS&J), representing the applicant Sarasota Manatee Airport Authority, gave ap presentation. Senior Planner Harvey Hoglund, Planning and Development Department gave the Staff presentation. City Auditor and Clerk read proposed Resolution No. 06R-1859 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. 06R-1859 (FTR 6:41) 2) PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 06-4655, TO REZONE A PARCEL OF REAL PROPERTY LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF HAWTHORNE STREET AND EAST AVENUE HAVING A STREET ADDRESS OF 2088 HAWTHORNE STREET TO BE REZONED FROM THE RESIDENTIAL MULTIPLE FAMILY - 3 (RMF-3) ZONE DISTRICT WITH A SPECIAL EXCEPTION ALLOWING SPECIFIED LOW INTENSITY NON-RESIDENTIAL USES TO THE OFFICE NEIGHBORHOOD DISTRICT (OND) ZONE DISTRICT; ALL AS MORE PARTICULARLY SET FORTH HEREIN; ETC. (TITLE ONLY) (APPLICATION NO. 05- RE-19, APPLICANT EVA A. BERKES, AS AGENT REPRESENTING ANTIBODY INVESTMENTS, LLC) (AGENDA ITEM XIV-B-2) Eva Berkes, representing the applicant Antibody Investments, LLC., gave a presentation. Senior Planner Gretchen Schneider, Planning and Redevelopment Department, gave the Staff presentation. The following person spoke: Kafi Benz representing Sarasota Alliance for Historic Preservation Inc. concerning the historic designation of the structure located at 2088 Hawthorne Street. Ms. Berkes offered the applicant's rebuttal. BOOK 58 Page 29988 11/07/05 2:30 P.M. BOOK 58 Page 29989 11/07/05 2:30 P.M. City Auditor and Clerk Robinson read proposed Ordinance 06-4655 by title only. A motion was made by Commissioner Bilyeu, seconded by Commissioner Shelin, and carried by a5 5-0 vote to pass Ordinance No. 06-4655 on first reading. (FTR 7:00) 11. CITIZEN'S INPUT (AGENDA ITEM XV) No one signed up to speak. 12. NEW BUSINESS (AGENDA ITEM XVII) 1) APPROVAL RE: CREATE AND PROCESS A COMPREHENSIVE PLAN AMENDMENT THAT WILL FOCUS UPON ESTABLISHING A DENSITY BONUS" FOUNDATION FOR THE PROVISION OF ATTAINABLE HOUSING WITHIN THE EXISTING DOWNTOWN URBAN MIXED-USE LAND USE CLASSIFICATION AS WILL AS THAT AREA UNDER STUDY FOR POSSIBLY RECEIVING THIS CLASSIFICATION BASED UPON THE EAR AND PREPARE AND PRESENT A DRAFT ORDINANCE IMPLEMENTING THIS DENSITY BONUS INITIATIVE (AGENDA ITEM XVII-1) Chief Planner Douglas James and Senior Planner David Smith, Planning and Redevelopment Department, and City Engineer/Engineering Director Alexandrea Davis-Shaw, gave a presentation. In response to a comment by Mayor Servian, Senior Planner Smith stated that the scope of study is the Downtown Urban Mixed Used Land Use Classification, which has three implementing zoning districts, the Downtown Core (DTC), the Downtown Bayfront (DTB), and the Downtown Edge (DTE) Zone Districts; that the Rosemary District, the Park East Neighborhood, and the southside of Fourth Street were not included in the scope and additional funds would be required to include those areas in the scope of work. Mayor Servian stated that the Rosemary District, the Park East Neighborhood, and the southside of Fourth Street should be included in the scope of the study. Engineering Director Davis-Shaw stated that an approximate estimate for a traffic concurrency to include the Rosemary District and the Park East Neighborhood in the scope of work would be $20,000 to $25,000. The following people spoke: lan Black, Tony Souza, Bruce Franklin from the Downtown Partnership and Craig Colburn, member of the Sarasota Chamber of Commerce Board of Directors, indicating the Commission should not limit the proposed Comprehensive Plan Amendment to the Downtown Urban Mixed Use Land Use Classification but should expand the boundaries to include other areas in the City in the scope of work. Stephen Rees, Land Use Attorney, representing Ronald Burkes, Quincy Investments LLC., concerning the exclusion of the southeast quadrant of Ringling Boulevard and School Avenue from the scope of work. A motion was made by Commissioner Palmer, seconded by Commissioner Shelin, and carried by a 5-0 vote to authorize the expenditure of no more that $125,000 to Economics Research Associates for undertaking the scope of work to process a Comprehensive Plan Amendment focusing on a density bonus as a foundation for providing attainable housing with the authority for the City Manager and Mayor to add limited areas to the Downtown Urban Mixed Use Land Use Classification as the geographical area for the scope of work for the study. (FTR 7:52) The Commission recessed at 7:52 p.m. and reconvened at 8:05 p.m. 2) DISCUSSION RE: REDEVELOPMENT OF CITY OWNED 2.25 ACRE PARCEL OF PROPERTY WITH PRIMARY FRONTAGE ON PALM AVENUE SUBJECT TO PARKING EASEMENT TO THE SARASOTA OPERA ASSOCIATION (AGENDA ITEM XVII-2) Commissioner Shelin gave an introduction indicating agreement with resolving the issue of the parking easement with the Sarasota Opera Association prior to moving forward with the disposition of the City-owned Palm Avenue site; but stated that policy decisions concerning future development, the manner of disposition, and the use of the site could be discussed and some decisions made at this time. In response to a question by Mayor Servian as to if information concerning the parking easement will be provided by the week of December 5, 2005, City Attorney Fournier stated that information should be available prior to that time. The following people spoke: Carl Meyer regarding concerns about the lobbying efforts of the Ersa Grae Corporation representatives, the thought being a new Request for Proposal is the most efficient and fairest way to proceed. Christopher Brown and Robert Lincoln, representing Sarasota Main Street Realty, indicating a new Request for Proposal should be issued for the Palm Avenue Site. Ali Ebrahimi, Andy Dorr, Bruce Franklin, representing the Ersa Grae Corporation, indicating a willingness to move forward with the development of the Palm Avenue site and a belief an agreement can be reached with the Sarasota Opera Association. Mayor Servian noted Commission consensus to direct Staff to obtain a new property appraisal, which should include the value of the City-owned property with and without the encumbrance, to develop an analysis of direct sale versus issuing a Request for Proposal for the property, and begin discussion with the Community Housing Trust concerning interest in participating in developing the property. (FTR 8:43) 3) APPROVAL RE: REQUEST TO SET FOR PUBLIC HEARING PROPOSED ORDINANCE NO. 05-4651, THE CREATION OF THE CITY OF SARASOTA FLORIDA RESIDENTIAL SOLID WASTE SPECIAL DISTRICT (AGENDA ITEM XVII-3) Following a presentation by Finance Director Gibson Mitchell and Chief Financial Analyst Douglas Jeffcoat, Public Works Department, a motion was made by Commissioner Paimer, seconded by Commissioner Shelin, and carried by a 5-0 vote to set for public hearing proposed Ordinance No. 05-4651. (FTR 8:48) 4) APPROVAL RE: REVISED POLICY GUIDELINES FOR TRANSITIONAL HOUSING FOR HOMELESS PERSONS WITH SUBSTANCE ABUSE PROGRAM (AGENDA ITEM XVII-4) Following a presentation by Deputy Director Dan Schmelzinger, Office of Housing and Community Development, Bill Little, Executive Director, Health and Human Services, and Chip Taylor, Manager, Human Services of Sarasota County, a motion was made by Commissioner Shelin, seconded by Commission Bilyeu, and carried by a 5-0 vote to adopt revised policy guidelines for Transitional Housing for Homeless Persons with Substance Abuse Program. (FTR 8:52) BOOK 58 Page 29990 11/07/05 2:30 P.M. BOOK 58 Page 29991 11/07/05 2:30 P.M. 13. ADDITIONAL CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM VIII) No one signed up to speak. (FTR 8:52) 14. COMMISSION BOARD AND COMMITTEE REPORTS (AGENDA ITEM IX) A. Commissioner Shelin reported on the Citizens with Disability Advisory Board meeting. B. Commissioner Bilyeu reported on the meeting of the Suncoast Partnership to End Homelessness. C. Commissioner Palmer reported on the Manasota League of Cities upcoming meeting. D. Commissioner Palmer reported on the Legislative Committee on Intergovernmental Relations meeting. E. Commissioner Palmer with input from Jan Thornburg, Public Information Officer, reported on the meeting of the Youth Advisory Board. Vice Mayor Atkins stated that representatives of businesses which provide goods and services to young people should be included among the groups who will be presenting to the Youth Advisory Board. F. Mayor Servian reported on the City's Legislative Agenda presentation at the meeting of the Local Legislative Delegation. G. Mayor Servian reported on the Tourist and Economic Development Board. (FTR 9:03) 15. REMARKS OF COMMISSIONERS. ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA (AGENDA ITEM X) A. In response to a comment by Commissioner Palmer concerning the status of a City-owned property database, City Manager McNees stated that the status will be determined and forwarded to the Commission. B. In response to a comment by Commissioner Shelin concerning flooding at Golden Gate Point due to a blocked drain, City Manager McNees indicated that the problem with flooding will be investigated. C. In response to a comment by Commissioner Shelin concerning the landscape nodes and the bricks surrounding the trees on Main Street, City Manager McNees indicated that the irrigation system will be reviewed. D. In response to a comment by Commissioner Shelin regarding the 125 to 130 pre-annexation agreements with the City, City Manager McNees stated that the cost of the annexation process exceeds the value of executing the process sO the annexation process is not cost efficient until a significant contiguous number of pre-annexation agreements exist. E. In response to a comment by Mayor Servian concerning the purchase of new software for the Building, Zoning, and Code Enforcement Department, City Manager McNees indicated that an update will be provided the Commission. F. In response to a comment by Mayor Servian concerning the designation of scooter, segway, and motorcycle parking, City Manager McNees indicated the Engineering Department will investigate the possibility of specially designated parking spaces. (FTR 9:18) 16. OTHER MATTERS/ADMINISTRATIVE OFFICERS (AGENDA ITEM XI) A. City Attorney Fournier stated that summary judgment has been entered against one of the two sibling plaintiffs in the lawsuit involving the parcels acquired by the City from Nathan Coon for inclusion in Fredd "Glossie" Atkins Park and outside counsel has indicated a request for a second summary judgment is being prepared against the other co-plaintiff; therefore, the lawsuit is coming to a conclusion and the City should be awarded the parcels earlier than expected. 17. ADJOURN (AGENDA ITEM XVIII) Mayor Seryian. adjourned the meeting at 9:19 p.m. a M aeris * ARANVENIAYOR A a a a BLLY BWSON; CITY AUDITOR AND CLERK tit aw - BOOK 58 Page 29992 11/07/05 2:30 P.M. FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Palmer Lou Ann R. City Commission MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICHIS SERVE IS AUNIT OF: 4160 Fruitville Road #75 A CITY OCOUNTY DOTHERLOCALAGENCY CITY COUNTY NAME OF POLITICAL SUBDIMISION: Sarasota Sarasota City of Sarasota DATE ON WHICH VOTE OCCURRED MYI POSITIONIS: November 7, 2005 ELECTIVE o 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); to 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: 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 oft 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 oft the agency. Thei 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. Your 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 I, Lou Ann R. Palmer hereby disclose that on_ November. 7 20_05: (a) A measure came or' will come before my agency which (check one) % 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 pass on second reading propose Ordinance No. 05-4644, amending Chapter 24, Personnel, Article II, Pension, Division 4, General Employees, of the Code of Ordinance 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 transfer of eligible rollover distributions; amending Section 24-116, reemployment after re- tirement; amending Section 24-117, deferred 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. - AL 2 E Date Filed Signature wafos 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 PENALTYI 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 LAST! NAME--FIRST NAME--MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Atkins Fredd "Glossie" City Commission. MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICHI SERVE IS AUNIT OF: 1598 29th_Street a CITY OCOUNTY AGENCY CITY COUNTY DOTHERLOCAL NAME OF POLITICAL SUBDIMISION: Sarasota Sarasota Ci ty of Sarasota. DATE ON WHICH VOTE OCCURRED MY POSITIONIS: November 7, 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 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: 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 of 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) Ad copy of the form must be provided immediately to the other members of the agency. Thei 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 int the measure before participating. Your 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 oft the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Fredd "Glossie" Atkins hereby disclose that on_ November 7 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 pass on second reading 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; amending SeCtion 24-101, credited service; amending Section 24-104, optional forms of pension; amending Section 24-108, distribution of benéfits; amending Section 24-115, direct transfer of eligible rollover distributions; amending Section 24-116, reemploy- ment after retirement; amending Section 24-117, deferred retirement option plan- I have the reqired ten years of service for vesting in the pension plan and could, there- fore, be foavorably affected by the provisions of the proposed Ordinance. 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