MINUTES OF THE SPECIAL SARASOTA CITY COMMISSION MEETING OF JANUARY 8, 1998 AT 2:00 P.M. PRESENT : Mayor Gene Pillot (arrived at 2:47 p.m.), Vice Mayor Jerome Dupree, City Commissioners Mollie Cardamone, David Merrill, and Nora Patterson, City Manager David Sollenberger, City Attorney Richard Taylor, and City Auditor and Clerk Robinson ABSENT : None PRESIDING: Vice Mayor Dupree The meeting was called to order in accordance with Article III, Section 9(b) of the Charter of the City of Sarasota at 2:08 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. CHANGES TO THE ORDERS OF THE DAY- APPROVED #1 (0041) through (0077) City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Add as Item IV, Approval Re: City of Sarasota to serve as fiscal agent for the Sarasota North Area Plan (SNAP) Brownsfields project, with Doug Taylor, Environmental Resources Manager, as the project manager, as a means of qualifying for an Environmental Protection Agency (EPA) Grant in the amount of $192,000, per the request of Gibson Mitchell, Director of Finance B. Add as Item V, Report Re: Advance Report of the Planning Board/Local Planning Agency's regular meeting of January 7, 1998, regarding Final Plat approval for Petition 97-SUB-01, a 12-unit cluster housing development located at 523 South Palm Avenue, per the request of Jane Robinson, Director of Planning and Development On motion of Commissioner Cardamone and second of Commissioner Merrill, it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (4 to 0): Cardamone, yes; Merrill, yes; Patterson, yes; Dupree, yes. 2. APPROVAL RE: FINANCIAL SUSTAINABILITY STUDY REVISED SCOPE OF SERVICES (AGENDA ITEM I) - APPROVED AS AMENDED TO DELETE ALL COSTS ASSOCIATED WITH STUDYING THE SARASOTA COUNTY SCHOOL SYSTEM EXCEPT TO SECURE PERTINENT DATA #1 (0077) through #2 (0642) BOOK 43 Page 15982 01/08/98 2:00 P.M. BOOK 43 Page 15983 01/08/98 2:00 P.M. City Manager Sollenberger stated that the objective is to reach closure on the Scope of Services and the budget and for the Commission to approve finalization and execution of the agreement for the Financial Sustainability Study, which is scheduled for completion in November 1998; that Louis Berger and Associates, Inc., the consultants chosen for the project, are prepared to commence work this month to achieve the schedule; that at the Special City Commission Meeting of December 3, 1997, the Commission adopted the following motion: On motion of Commissioner Merrill and second of Commissioner Cardamone, it was moved to select Louis Berger & Associates, Inc., for further negotiations based on individual meetings with Commissioners and a possibly revised task, subject to a final Commission vote on the project. City Manager Sollenberger stated that consideration was given to revising the task after the consultants met with the Commissioners individually on December 11 and 12, 1997; that an initial Revised Scope of Services, which may exceed the Commission's expectations, was received, resulting in further discussions with the consultants; that the final Revised Scope of Services and the budget is slightly higher than originally proposed; however, the proposed work is anticipated to meet the Commission's expressed interest; that the original reason for the project was to review the socio-economic trends and affect on financial trends, particularly concerning the long-term capacity of the City to continue providing high-level services and facilities without increasing the millage; that another component is to identify programs to reduce costs and increase revenues if a gap exists; that the focus is to identify long-term strategic, programmatic policies and potential improvements in utilizing existing resources to shape a future assuring long-range sustainability, that other alternatives would have to be explored if policies and improvements cannot be identified; that the changes in the Scope of Services and the budget will be presented for discussion and final decision. Douglas James, Senior Planner II, and David Aimen, Project Director, Pierre Vilain, Project Manager, Jay Stein, Task Manager, Sherry Carter, Task Manager, and Gene Engman, Louis Berger & Associates, Inc., came before the Commission. Mr. James stated that the Internal Management Team, on which he serves, has spend a considerable amount of time reviewing the initial proposals and the proposed revisions to the October 1997 Scope of Services, referred to a memorandum from City Manager Sollenberger dated January 7, 1998 and stated that the proposed tasks are: Task #1 - Start Up Modifications to this task are recommended to include consultant research to determine the time and effort necessary for potential "crime-record" sub-task. The results will be presented to the Internal Management Team in a detailed "methodology memorandum" for review and comment. If approved, this sub-task would be presented for Commission approval with funding from Law Enforcement Trust Funds (LETF). The "methodology memorandum" will also validate the type and nature of socio-economic data available. Task #2 - Historical Research, Analysis, and Findings Additional post-1990 census data, including school- based information will be utilized if the "methodology memorandum" validates the usefulness of the data. The "crime-record" sub-task will be added to Task #2 if deemed warranted in Task #1. Task #3 - Assumptions, Socioeconomic and Fiscal Proiections. Case Studies, Analysis, Findings The case study research originally proposed in Task #4 will be completed during Task #3, assuring all the research, projections, analysis and findings, etc., including socio-economic data, demographic data, historical trends, projections, will be completed to serve as the focus for Task #4. Task #4 - Public Participation and Finalize Alternative Strategies, Programs, and Initiatives Expansion of Task #4 to go beyond focus group concepts embodied in the original Scope of Services to include workshops, a panel of experts, etc., is recommended. The findings of Task #3 and the public input from Task #4 will provide the basis for developing alternative strategies, programs and initiatives to address the problems and take advantage of the opportunities identified. Task #5 - Preparation of Draft/Final "White Paper" The draft "White Paper" will identify the alternative programs, action strategies and implementation methods, etc., and will be presented to the Commission for action. Commission final decisions will be incorporated in a final "White Paper. Task #6 - Preparation of Comprehensive Plan Chapter and Processing Through the Planning Board and City Commission This task will be eliminated from the Scope of Services as City Staff can prepare and process the appropriate Comprehensive Plan amendments subsequent to the completion of the study, allowing a shift of BOOK 43 Page 15984 01/08/98 2:00 P.M. BOOK 43 Page 15985 01/08/98 2:00 P.M. consultants' time and costs to Tasks #1 though 5 where the substantive work effort is required. Mr. James stated that the initial budget of the October 1997 Scope of Services was $164,000; that the suggested modifications, including the meetings with the Commissioners during the last month, result in a revised budget of $206,924, an increase of approximately $42,900 of which 50% has been expended during the last month; that during that time, the Commissioners provided their insights much earlier in the work effort, which is valuable; that the expenditure of the dollars will be beneficial to the project; that costs do not include an expert panel, estimated at a cost of $5,000 to $7,500, nor the "crime-record" sub-task, with funding from Law Enforcement Trust Funds (LETF); that the Administration and the Internal Management Team recommends the final Revised Scope of Services of December 19, 1997. Commissioner Cardamone referred to a memorandum from City Manager Sollenberger dated December 19, 1997, as follows: Chief Lewis believes that a portion of the work he wished to develop for his Law Enforcement Needs Assessment Study may be generated as part of the Financial Sustainability Study. That portion of the Financial Sustainability Study which would contribute directly to the Law Enforcement Needs Assessment Study may be paid for out of LETF. Commissioner Cardamone asked if the Law Enforcement Needs Assessment Study could be conducted and the data generated used in the Financial Sustainability Study? Mr. James stated that the Request for Proposal (RFP) for the Law Enforcement Needs Assessment Study is for a more extensive law entorcement needs analysis than just the socio-economic aspects. Commissioner Cardamone stated that the data from the Law Enforcement Needs Assessment Study could be extracted for the Financial Sustainability Study. Mr. James stated that the crime records of the Police Department will be reviewed as part of Task #1 to determine if any portion can be incorporated into the Financial Sustainability Study. Commissioner Patterson asked if the cost will be reduced? John Lewis, Police Chief, came before the Commission and stated that the RFP for the Law Enforcement Needs Assessment Study is for $150,000 to $160,000 and is projected for an 18-month duration; that the Study is very detailed and will help determine the citizens' priorities for the Police Department over the next five to ten years; that the types of crime and calls for service are believed to correlate with the type of neighborhood, i.e., stable, declining, or revitalizing; that information could be extracted and analyzed from Police Department records and from other representative cities as a basis for projections; that the Financial Sustainability Study will be concluded in November 1998 and could be completed prior to the Law Enforcement Needs Assessment Study; that the information from the Financial Sustainability Study could be valuable in the Law Enforcement Needs Assessment Study, which could commence in January 1999. Commissioner Cardamone stated that the Law Enforcement Needs Assessment Study has been anticipated for a long time and should not be delayed; that both studies should be conducted coincidentally and the work effort coordinated. Chief Lewis stated that both studies could be done at the same time; that negotiations for the Law Enforcement Needs Assessment Study could commence and the study begin in three or four months; that a mechanism will have been placed in motion and $150,000 spent even if the Financial Sustainability Study demonstrates a poor projection of revenues and expenses; that the Financial Sustainability Study may provide information that the City will not have the resources to provide the services for which the citizens indicate a desire through the public participation during the Law Entorcement Needs Assessment Study; that money may have been spent on a study identifying needs for which funds are not available; that the delay will only be seven months; that fine tuning the Needs Assessment Study as the result of information gathered in the Financial Sustainability Study may be more important. Commissioner Patterson stated that the necessity to conduct both studies at once is not perceived; that the Administration's recommendation to delay the Law Enforcement Needs Assessment Study is acceptable; that savings will be realized no matter which study is conducted first as long as the studies are not duplicative; that LETF monies are often used to offset expenditures otherwise funded by the General Fund. Commissioner Cardamone stated that the negative approach that the Financial Sustainability Study may reveal the City has no future is a concern; that the study should reveal a picture of the future and provide recommendations to rectify identified problems. Commissioner Patterson stated that the Commission's expansion of the project scope, necessitating the consultants' meeting with each Commissioner, is recognized; however, a concern is the expenditure to date of half the additional cost. Mr. Aimen stated that thus far, 211 hours have been expended on defining the scope of the project, or pre-project scoping; that the 211 hours equates to approximately $19,000; that the consultants met individually with each of the Commissioners, BOOK 43 Page 15986 01/08/98 2:00 P.M. BOOK 43 Page 15987 01/08/98 2:00 P.M. discussed the results, reworked the work plan, submitted a December 19, 1997, initial Revised Scope of Services, and re- reviewed the proposal resulting in a final Revised Scope of Services with a budget of $206,294; that the conversations with the Commissioners were informative and valuable at such an early stage of the project; that as a result, a closer look has been given to neighborhood improvement strategies, schools, and housing; that the availability of post-1990 census data concerning migration patterns, poverty, and school enrollment issues was discussed; that efforts were made to locate such data sO a relevant and meaningful cost proposal and work plan could be developed; that the process has begun and the associated costs are included in the figures presented. Commissioner Patterson stated that work from which the City will benefit has started. Mr. Aimen stated that is correct. Commissioner Patterson asked if the December 19, 1997, initial Revised Scope of Services is the work product of the 211 hours? Mr. Aimen stated no; that discussions have been held with the Police Chief to determine if the Police Department data could be worked into the study; that developing an understanding of what should and should not be included in the study has been undertaken. Mayor Pillot arrived in the Chambers at 2:47 p.m. and requested that Vice Mayor Dupree retain the gavel until the conclusion of this Agenda Item. Mr. Aimen stated that the costs have been revised in reaction to the memorandum from City Manager Sollenberger dated January 7, 1998; that the previously submitted technical work plan will be revised; that an internal management review and then a Commission review of the project will occur; that a great deal of activity is necessary to revise the Scope of Services. Commissioner Patterson asked if an additional cost will be incurred if the "crime-record" sub-task is undertaken and if approval will be required at a later date? City Manager Sollenberger stated that is correct; that an addendum to the Scope of Services would be required; that shifting tasks to City Staff and eliminating unnecessary tasks have reduced some costs from the October 1997 Scope of Services. Mr. James stated that Task #6, the creation of a separate Chapter for the Comprehensive Plan, has been shifted from the consultants to City Staff; that the associated labor costs have been reallocated to Tasks #1 through #5. Commissioner Patterson asked if approval of the "crime-record" sub-task, which could reduce the cost of the Law Enforcement Needs Assessment Analysis, is an additional cost? City Manager Sollenberger stated that is correct; that following additional discussion, his initial comments concerning a possible reduction of the cost of the Law Enforcement Needs Assessment Analysis should be disregarded as the "crime-record" sub-task will be presented separately; that a determination of the relevancy of the crime factors statistics will be made in Task #1; that if recommended, the sub-task will be presented separately for Commission approval. Commissioner Patterson asked if the cost has been determined? City Manager Sollenberger stated no; that further evaluation is necessary. Mr. James stated that the possibility of a "crime-record" sub-task came to the attention of the Internal Management Team on December 22, 1998; that the Internal Management Team has not yet recommended a "crime-record" sub-task; that the Police Chief indicated crime statistics may be early indicators of neighborhood change, similar to school statistics; that incorporation into the Financial Sustainability Study may be beneficial. Commissioner Merrill asked the purpose of the Financial Sustainability Study? Mr. Aimen stated that the purpose is to examine the financial sustainability of the City of Sarasota in terms of changes in revenues and expenditures, land development patterns, migration patterns, economic trends, social changes, demographics and the implications of changing patterns and the effect on the financial future of the City; that the consideration will be at a City/County level and a Regional/City level as the City is in a competitive position for shared revenues; that the central analytical question as posed in the Request for Proposal (RFP) is whether the City's fiscal position is untenable or if millage should be raised considering the economic and demographic trends; that the question, after looking at numerous data sets is, "Can the City's financial future be sustained or do other alternatives have to be explored?"; that a second element of the study is strategies and actions, i.e., what actions can take place if the situation is untenable; that five principle areas have been identified in which to develop strategies and actions: City and County financial issues neighborhoods housing schools economic development BOOK 43 Page 15988 01/08/98 2:00 P.M. BOOK 43 Page 15989 01/08/98 2:00 P.M. Commissioner Merrill asked how much of the cost is associated with the first phase as contrasted with the second phase involving actions to address identified deficiencies? Mr. Vilain stated that his expertise is as an economist; that responding directly to the question is difficult as the costs have been categorized by tasks, some of which incorporate two different elements; that an approximation may be 40 percent programmatic versus 60 percent analytic; that the demographic and socio- economic analysis is a considerable amount of work and will affect the initiatives developed later in the study. Commissioner Merrill asked if the analytic portion will focus on whether the millage should be raised or portraying the statistical position of the City? Mr. Aiken stated that a match or a mismatch between revenues and expenditures will be identified; that the analytic portion is not simply a profiling of neighborhoods; that the proposal is to show the linkages to identify budgetary implications. Commissioner Merrill asked if sources and uses of tax dollars will be identified? Mr. Aimen stated that an opportunity will be provided to comment on data sets identifying geographic information; that using a tract-by-tract modeling was not anticipated and is beyond the Scope of Services; however, an opportunity will be provided to draw conclusions about the geographical locations of wealth and poverty. Commissioner Merrill stated that the areas generating tax dollars may not be the areas using the tax dollars; that conversely, the areas generating little tax dollars may use a considerable amount of tax dollars, particularly if the Police budget is included; that the issue of sources and uses of tax dollars was raised previously; that his understanding was this issue would be addressed in the Financial Sustainability Study; that his anticipation is for a map on which sources and uses of tax dollars can be demonstrated; that the more a neighborhood declines, the more tax money is utilized and the less generated; that such a demonstration would be very instructive; that Neal Peirce, syndicated columnist for the Washington Post Writers Group, recently wrote a newspaper article about the competitive advantages and weaknesses of cities, the greatest weakness of which is the schools; that the Wall Street Journal reported that house buyers are willing to pay for a good education, with proximity to schools often being the critical, deciding factor in the purchase of a house; that the article indicated the difference between a high-end and a mid-level community could be the quality of the school district; that his experience with development is consistent with this fact; that excellent schools are determined not just by the value of the building or the education of the teachers; and asked if a method will be developed to assure every City middle-income resident has access to an excellent school if schools are determined to be important to the City? Mr. Stein stated that the answer is difficult; that the only resolution to the problem may be Citywide busing and massive movement of students; that the approach anticipated will be a focus on: 1) models of intergovermmental agreements between cities and school boards in the State of Florida and nationally, 2) literature and studies on the relationships between the socio- economic conditions in neighborhoods and the schools, and 3) current best practices in the delivery of education ranging from vocational to magnet schools to introduce new ideas of raising the level of all schools. Commissioner Merrill stated that support is offered to raising the level of all schools; however, educators will say that test scores depend on the quality of the children's parental guidance; that children cannot be held accountable for parents who do not encourage homework; that the opportunity for change without spending massive dollars is not known; that approximately $1 billion was spent in Kansas City, Kansas, to do a remedial program which did not change test scores; that a recommendation to simply improve the school system in the City would not be acceptable; that a concrete recommendation to alleviate the worst problem affecting neighborhoods is anticipated; that prospective buyers should have confidence their children can go to a school with one of the highest test scores locally; that the question must be addressed as the decline of the middle-income neighborhoods will continue as long as the test scores in City schools are near the bottom of the larger community. Commissioner Merrill stated that another issue is housing stock; that a home owner must be convinced of an increase in property value to invest in improving their home; and asked if the attractive key features of existing housing stock and the percentage of homes meeting today's desired home will be identified? Mr. Aimen stated that the census data do a fairly nice job of providing such detail; that the intent is to provide such information; that detailing neighborhood by neighborhood the quality of the housing stock was part of the December 19, 1998, Scope of Services but was eliminated from the final Revised Scope of Services. Commissioner Merrill asked the cost of the neignborhood-by- neighborhood analysis and the amount of detail? Mr. Aimen stated about $17,000. BOOK 43 Page 15990 01/08/98 2:00 P.M. BOOK 43 Page 15991 01/08/98 2:00 P.M. Ms. Carter stated that as much detailed analysis as possible would be done, depending on the data obtained. Commissioner Patterson stated that about 200 hours were allocated. Ms. Carter stated that a multi-layer picture of Citywide characteristics would be obtained; that a method for transcending neighborhood boundaries would be developed; that identifying boundaries for the City's neighborhoods is difficult; that, for example, some neighborhoods are not organized, some include residential uses and a hospital; that the characteristics of the City's neighborhoods cannot be presumed; that methodology for not relying on a boundary to obtain an idea of what is happening in an area will be developed; that different layers of different kinds of information would be presented. Commissioner Merrill asked if neighborhood residents could obtain information about their neighborhood? Ms. Carter stated that the Citywide map would have patterns of characteristics and layers of information; that the characteristics of a particular area could be determined; that the data is an indicator; that part of the challenge is determining where to end the analysis; that the resolution is the combination of strategies addressing each characteristic; that one single picture of the City will not reveal everything. Commissioner Merrill asked if the programmatic plan will indicate if a particular area of the City should focus on particular elements? Ms. Carter stated that the perspective will be Citywide. Commissioner Merrill stated that information on housing will have to be identified by neighborhood to be meaningful. Ms. Carter stated that the census data provides the information for 1990, which can be updated with information from the City's parcel system. Commissioner Merrill stated that the results should be specific enough to provide guidance to middle income neighborhoods to assure sustainability. Ms. Carter stated that the level of detail requested may not be possible within the time constraints; that the type of data available is not known. Commissioner Merrill stated that data on the condition of individual neighborhoods such as curbs and gutters, housing stock, etc., is desired. Ms. Carter stated that the referenced level of detail is not in the final Revised Scope of Services. Commissioner Merrill asked if programs will be developed or identified for implementation to assist the City in encouraging attractive key housing features such as two car garages or a second bathroom? Mr. Aimen stated that expectations about housing stock can be described in the strategies and action portion of the study. Commissioner Merrill stated that middle-class neighborhoods in transition are seen every day; that the quantitative data must be presented to assure understanding; that in addition, programs to help reverse negative trends and keep neighborhoods attractive should be presented; that his expectation is to receive a program for implementation, specifically to keep middle-income areas attractive; that the primary areas threatened are in District 3; that for example, 90 percent of the students at Tuttle Elementary School are in the free-lunch program; that statistically, the neighborhood is middle income; however, the people moving in are not middle income according to the free-lunch statistics; that his view of the Financial Sustainability Study is not as a consolidation study; that programmatic recommendations should be the result of the study; that a good, solid program for implementation is expected. Commissioner Cardamone stated that her concern is not for the level of detail referenced; that support is offered to identifying a problem area, whether schools, crime, construction criteria, sO the City can address the issue. Mayor Pillot stated that schools are important to the viability and desirability of neighborhoods; that his experience is the basis for his agreement with this premise; that two broad categories of Commission's concerns, with which he agrees, are inferred: 1) the strength of a school's output and the reasons and 2) parents' option to send their children to a school which produces better outputs, the concept of which he supports; and asked if any costs in the final Revised Scope of Services are directly or peripherally related to evaluation of the two broad categories? Mr. Aimen stated that an extensive audit of the school system is not part of the study; that proven successful practices may be discussed; that an effort will be made to analyze data such as utilization of free-lunch programs, test scores, changing minority enrollment, etc.; that an understanding of the schools in terms of the competitiveness of the City will be developed, i.e., the result of the schools' performance in terms of the viability of the City. BOOK 43 Page 15992 01/08/98 2:00 P.M. BOOK 43 Page 15993 01/08/98 2:00 P.M. Mayor Pillot asked if the answer is, therefore, yes? Mr. Aimen stated that the answer is yes, with respect to the implications of the school system to the competitiveness, livability, and viability of neighborhoods but not the operations of the schools. Mayor Pillot stated that his interest is not to support one cent of City money to study schools as: 1) the data already exists and can be obtained at no cost to the City and 2) agencies and personnel are available with better opportunities and perhaps better credentials to evaluate the school system; that his strong support is offered to obtaining demographics such as housing, etc.; however, his opposition is expressed to expending any money with relation to the school system. Mr. Aimen stated that school outputs are difficult to ignore; that part of the project is to identify the determinants of poverty, which was one of the Commission's prime concerns; that: the schools' outputs must be considered in evaluating past and future poverty patterns. Mayor Pillot stated that his privilege was to serve as Superintendent of Schools for Sarasota County for almost a decade; therefore, those processes are known as is the effect of poverty or other socio-economic status on the output of children; that his knowledge may be outdated but not lacking; that to study the effect of poverty on the outcome of children's education is non- sensical as the current Superintendent of Schools for Sarasota County will provide whatever information is desired to support individual intuition; that correlation of the relationship of socio-economic - status and the results of children's education is high but not one to one. Commissioner Cardamone stated that one Commissioner expressing a concern does not necessarily represent the majority view; that one Commissioner may be very knowledgeable about matters of the school system but another may not be; that the approach recommended may be a newer approach. Commissioner Patterson stated that entire programs of examination should not be added because one Commissioner has an interest; that the proposed study has expanded substantially from the initial plan; that as a realtor, an understanding of the housing stock exists; that enough dollars are not available to add all the attractive key features to all the housing stock; that the City's dollars should be made available to areas of poverty; that the objective is not an expensive study which will sit on a shelf because the economic means do not exist to rectify all the problems; that a temptation is to vote against the entire Financial Sustainability Study due to the apparent expansion of the study; and asked what Louis Berger and Associates, Inc., envisions the City's being able to do with the results that will be useful to the future of the City? Mr. Stein stated that his vision and reason for wanting to be involved is not just to make predictions about where the City is going in terms of revenues and expenditures but rather to move out the boundaries of the envelop to try to introduce ideas and concepts to make City neighborhoods, housing, schools, etc., better; that the City has unique as well as general problems faced by many cities; that an understanding of the uniqueness of Sarasota with the opportunities and challenges will be developed; that new ideas and approaches will be introduced where the projections and quality of life over the next decade can be improved; that other communities around the State and the country face similar challenges; that examples of other communities' experiences in improving the overall quality of life will be presented. City Manager Sollenberger stated that his expectation is for a recommendation as to what the City can do to make a difference with its limited resources; that the City has been very successful with the downtown because resources were allocated to make a difference; that something happened in the Laurel Park neighborhood to improve the area; that the area between North Tamiami Trail and Orange Avenue has improved considerably since he came to Sarasota; that a method of determining priorities must also be developed so the City and its property values can be upgraded one segment at a time; that anecdotal documentation of what other similar communities have done is anticipated. Commissioner Patterson asked if the demographics are necessary? City Manager Sollenberger stated that the demographics are an important part of the study; that a statistical base is necessary to assist the City's decision-making. Commissioner Cardamone stated that the Commission was unanimous in support of the study and the selection of a consultant. On motion of Commissioner Cardamone and second of Commissioner Merrill, it was moved to accept the October 1997 Scope of Services as modified by the City Manager's memorandum of January 7, 1997, entitled "Recommended Scope of Services for the Financial Feasibility Study," representing a final Revised Scope of Services. Commissioner Cardamone stated that the project is exciting; that her interest is in a big picture of the City; and asked for a clear understanding that the "crime record" sub-task will be funded by LETF dollars and used in the Law Entorcement Needs Assessment Study and that the necessary crime data for use in dealing with neighborhood issues will be available. BOOK 43 Page 15994 01/08/98 2:00 P.M. BOOK 43 Page 15995 01/08/98 2:00 P.M. City Manager Sollenberger stated that is correct; and asked if the intent of the motion includes the authority for the Mayor to sign the consulting services agreement? Commissioner Cardamone stated yes. Commissioner Merrill stated that a national magazine has ranked Sarasota County schools as the best in the State; that the excellence of the school system is not doubted; that his comments about the school system are made in the context of the competitiveness of the City, which affects City neighborhoods; that Neal Peirce discusses school vouchers and issues driving the middle class from cities in his newspaper article; that the middle class, which is not the most needy group, has always had the most difficult time in cities; that wealthy neighborhoods can take care of themselves; that the middle class used to live in the neighborhoods with homes having open carports, a single bathroom, and two bedrooms, but these neighborhoods now are not up to current middle-class standards; that the pattern of middle-class flight can be accepted, leaving a city with wealthy and low-income neighborhoods; that his district includes most of the City's middle-class neighborhoods; that most cities never respond to the problems which are not popular in other areas; that the City can avoid entering into the School Board's area, if desired, as to do so may anger some people; however, his interest is for the development of innovative ideas and plans; that the thought is to think to the next higher level and push the envelop to determine what can be done to make the areas viable; that methods should be identified to encourage homeowners to add two-car garages and second bathrooms; that the study is contemplated with great anticipation. Mayor Pillot stated that he once had the honor of debating Albert Shanker, former Executive Director of the American Federation of Teachers, now deceased, concerning school voucher; that his support was and is now given to school vouchers as competition is good for the private sector and also for public education; that his assessment was to judge the debate a tie; that the Administration has indicated its expectations for the study, with which he agrees; that the City's limited resources should be used directly or as a catalyst to bring about changes to assure financial sustainability and a blight-free City, socially and physically; that spending money to study the school system is not required to accomplish that objective; that his conscience dictates proposing an amendment to the motion. On motion of Mayor Pillot and second of Commissioner Merrill, it was moved to amend the motion to delete from the study all costs directly related to any consideration of the Sarasota County school system except the necessary consultant Staff time to secure any pertinent data through the Superintendent of Schools for Sarasota County. Commissioner Merrill asked if other available data could be utilized? Mayor Pillot stated yes, that is the intent of the amendment. Commissioner Merrill stated that support is offered for the amendment as his expectation is not to study any school system other than to gather already existing data, i.e., information on poverty levels, test scores, etc.; that general issues affecting the middle class and schools should be presented with options as to how the City can be catalyst for improvement; that his interest is not to study the Sarasota County school system; that the effort is to assure the City's neighborhoods have attractive schools to keep the middle class form leaving. Commissioner Cardamone stated that a restriction to only data from the Superintendent of Schools for Sarasota County should not be imposed; therefore, the amendment will not be supported; that for example, comparable data may be desired from the State or other comparable cities elsewhere in the Country; that limitations on the study should not be imposed; and asked if the consultants will be collecting and analyzing data on various pieces of information rather than producing data for analysis? Mr. Stein stated that already existing school data sources will be used; that a preference is not to restrict the data to the Sarasota County schools; that the freedom to consider State and National data or other sources is appropriate. Commissioner Patterson stated that support is not offered to the amendment; that readily available sources would generally be consulted for already existing data; that the hope is not to enter into the realm of the school system unless found to be truly inspirational; that Florida has a unique tax structure which is different from many other states; that in many states, cities fund and are in charge of the school systems; that in many areas, cities fund and are in charge of the social service dollars; that a proclamation that the City could improve schools by establishing its own schools may be correct; however, anyone living in the City but not benefiting from that approach will be more reluctant to live in a city where the tax burden is large because of a double tax for school services; that a free reign will be supported as long as the context of money and expenditures driving whether cities are viable is considered. Mayor Pillot stated that the motion concerns costs associated with studying only the Sarasota County school system, which does not limit going to other geographic locations; that no better source of data for the Sarasota schools than the Superintendent of Schools for Sarasota County is available. BOOK 43 Page 15996 01/08/98 2:00 P.M. BOOK 43 Page 15997 01/08/98 2:00 P.M. Commissioner Merrill asked if data available through the Florida Statistical Abstract or any other publicly available data could be utilized? Mayor Pillot stated yes; that the limitation is on the Sarasota school system; that the Department of Education publishes a comprehensive booklet of data which can be obtained from the Superintendent of Schools for Sarasota County; that the amendment is to direct that time not be spent on studying the Sarasota school district. Commissioner Merrill stated that the amendment is not intended to restrict the use of any publicly available data. Commissioner Cardamone asked if studying Tuttle Elementary School would be prohibited? Mayor Pillot stated that voting for the amendment would prohibit such study; that the consultants are not as competent to study Tuttle Elementary School as Staff of the Sarasota County School Board. Commissioner Merrill stated that the consultants would not study the issue but rather the Superintendent of Schools for Sarasota County would be requested to study the issue. Mayor Pillot stated that is correct; that such requests would be directed to the Superintendent of Schools for Sarasota County. Vice Mayor Dupree called for the vote on the motion to amend the motion to delete from the study all costs directly related to any consideration of the Sarasota County school system except the necessary consultant Staff time to secure any pertinent data through the Superintendent of Schools for Sarasota County. Motion carried (3 to 2): Cardamone, no; Merrill, yes; Patterson, no; Pillot, yes; Dupree, yes. Commissioner Patterson stated that serious consideration had been given to voting against the Financial Sustainability Study for fear of: 1) getting carried away with solving all social ills of the City or 2) producing a study with which nothing will be done; however, sufficient interest exists to assure her favorable vote; that her hope is that her fears prove groundless and that practical, useful, and affordable recommendations are produced. Vice Mayor Dupree stated that practical, affordable and useful recommendations to benefit everyone in Sarasota are anticipated; that such a recommendation would be a great step forward; that caution not to become bogged down in trivialities should be exercised; that freedom is necessary to do the best job possible. Vice Mayor Dupree called for a vote on the motion to accept the October 1997 Scope of Services as modified by the City Manager's memorandum of January 7, 1997, entitled "Recommended Scope of Services for the Financial Feasibility Study, I representing a final Revised Scope of Services, as amended by the deletion of all costs directly related to studying the Sarasota school system with the exception of necessary consultant Staff time to secure any pertinent data through the Superintendent of Schools for Sarasota County. Motion carried unanimously (5 to 0): Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes; Dupree, yes. Vice Mayor Dupree passed the gavel to Mayor Pillot. 3. DISCUSSION RE : LEGISLATIVE PRIORITIES - ADOPTED PRIORITIES AND DIRECTED CITY AUDITOR AND CLERK TO PREPARE BROCHURE (AGENDA ITEM II) #2 (0642) through (1625) City Manager Sollenberger stated that the Legislative Delegation meets on Thursday, January 15, 1998; that draft recommendations for presentation to the Legislative Delegation were previously presented to the Commission; that one suggested additional item is as follows: Law Entorcement Request to Change Chapter 784.046, Florida Statutes: This statutes provides that an injunction may be issued for two incidents of violence. It is recommended to have an exception for law enforcement officers while performing their lawful duties added to this statute. City Manager Sollenberger stated that discussion of the message the Commission wishes to convey to the Legislative Delegation is desired. Commissioner Patterson distributed brochures prepared for the Manasota League of Cities (MSLC) i and stated that a bill is proposed at the State level initially allowing telecommunications providers to build telecommunication towers in the right-of-way; that this provision has been deleted due to enormous protest from local governments; that Sarasota's ordinance has been listed as one of the top three or four most onerous; that the proposed bill reduces the statutory ability of cities and counties to charge up to 1 percent franchise fee for the use of rights-of-way to only allow permitting fees and repair costs; that auditing the repairs costs would be expensive; that the proposed bill would reduce revenues to Cities. Commissioner Patterson continued that the State Legislature is proposing making all telecommunication franchise fees and utility taxes uniform, which would provide a new income source to counties; that the county would collect the cities' incomes for BOOK 43 Page 15998 01/08/98 2:00 P.M. BOOK 43 Page 15999 01/08/98 2:00 P.M. redistribution back to the cities; that redistribution back to the cities is always by population sO the City would lose a considerable amount; that the two items would cost the City several million dollars if passed; that an attorney with the Florida League of Cities (FLC) offered to send a representative to the meeting with the Legislative Delegation, which will increase the impact of the presentation. Mayor Pillot stated that he is unable to attend the Legislative Delegation meeting. City Manager Sollenberger stated that he will attend the meeting. Vice Mayor Dupree stated that he will rearrange his schedule to attend. City Auditor and Clerk Robinson stated that a pamphlet similar to the MSLC pamphlet can be prepared for the City. Mayor Pillot asked about the statement in the pamphlet concerning the police and fire pension plans? Commissioner Patterson stated that bills concerning police and fire pension plans have been filed almost every year; that typically, the proposals include provisions already included in the City's pension plans; however, municipalities generally do not favor State mandates for pension plans as cities provide the funding. City Auditor and Clerk Robinson stated that the City's pension plans receive State excise monies on insurance premiums; therefore, the City must adhere to State mandates; that legislation on police and fire pension plans comes up each yeari that the statement in the MSLC brochure is very general; that the City and the MSLC generally oppose any mandate on local pension plans, preferring municipal choice. Commissioner Patterson stated that the proposed State mandate for police and fire pension plans is opposed, which should be supported by the City; that last year an initiative was put forth that any police officer or firefighter developing cancer would be presumed to have developed the illness in the line of duty; that some of the proposals can be far fetched. Mayor Pillot stated that the statement in the MSLC brochure is very general; that a reduction of local control and an increase of State control is opposed; however, the MSCL brochure states as follows: House Bill (HB) 3075 and Senate Bill (SB) 270 impose increased retirement benefits, reduce city control over expenditures of the pension boards, and increase city funding responsibility for pensions under Chapter 175 and 185, Florida Statutes. Local governments must keep pension plans solvent through taxpayer funded contributions and should have more, not less control of these funds. Mayor Pillot stated that increasing retirement benefits for police and fire is strongly favored; therefore, he will not vote to oppose the State's proposal concerning police and fire pension plans. City Auditor and Clerk Robinson stated that the wording can be changed to reflect the City's opposition to State mandates. Gibson Mitchell, Director of Finance, came before the Commission and stated that the reference is to State mandates without requisite funding to cover the cost. Mayor Pillot stated that his vote will not support anything that opposes improved police and fire pensions, within reason; that his vote will not favor any statement giving the impression of opposing improvements for police and fire pensions. On motion of Commissioner Patterson and second of Vice Mayor Dupree, it was moved to accept the MSLC brochure as written with adaptation to the City of Sarasota and the addition concerning injunctions proposed by the Administration. On motion of Commissioner Merrill and second of Mayor Pillot, it was moved to amend the motion to delete the support for the internet access tax and the partial year ad valorem property assessment. Commissioner Merrill stated that the internet and the increased communications ability provides a competitive advantage; that the technology is new; that initial reaction is to vote against any tax on the internet as its use should be encouraged and the costs should not go up; that the partial year ad valorem property assessment is an easy tax as no effect is felt by existing owners of property; however, prospective new property buyers are always looking for a tax break, for example, the developers of the Hollywood 20 Theatre; that the additional cost must be built into the price if a partial year assessment had been imposed; that if contemplated, partial year assessments should be imposed on all property value increases in the City, resulting in a twice-a-year assessment; that redevelopment is being encouraged and passage of the partial year ad valorem property assessment will be a major negative. City Auditor and Clerk Robinson stated that the internet access tax is a tax on the monthly internet access fee at the utility tax rate. BOOK 43 Page 16000 01/08/98 2:00 P.M. BOOK 43 Page 16001 01/08/98 2:00 P.M. Commissioner Merrill stated that support will not be forthcoming for any tax on the internet. Commissioner Cardamone stated that some measure of comfort is taken from the fact that the MSLC and the FLC has studied the issues and determined the advantages and disadvantages; that unless the Commission desires a workshop, support is offered the program as presented and not the amendments. Mayor Pillot called for a vote on the motion to amend the motion to delete support for the internet access tax and the partial year ad valorem property assessment. Motion failed (3 to 2): Cardamone, no; Dupree, no; Merrill, yes; Patterson, no; Pillot, yes. On motion of Mayor Pillot, it was moved to amend the motion to delete the opposition HB 3075 and SB 270 concerning police and fire pension plans. Motion to amend died for lack of a second. Mayor Pillot called for a vote on the motion to accept the MSLC brochure as written with adaptation to the City of Sarasota and the addition concerning injunctions proposed by the Administration. Motion carried (3 to 2): Cardamone, yes; Dupree, yes; Merrill, no; Patterson, yes; Pillot, no. Mayor Pillot asked how the City's brochure is presented to the Legislative Delegation? Commissioner Patterson stated that the brochure is given to the Legislative Delegation; that a verbal presentation is also given; that her hope is the unified telecommunications tax would be presented first. Mayor Pillot stated that his concern about the police and fire pension plans will not be voiced to the Legislative Delegation or the public; however, his view and vote will be communicated if asked by representatives of the police and fire. City Manager Sollenberger stated that another suggestion is general opposition to measures reducing municipal revenues as follows: : The City requests the Legislative Delegation to oppose measures which erode local revenue sources. Last year, for example, the State grant for recycling was reduced by $54,311 which accounted for 14 cents of a City solid waste rate increase. The reduction in the grant was due to reallocation of solid waste management trust funds to control aquatic weeds. City Manager Sollenberger stated that local governments must increase the cost to local taxpayers when such reductions occur; that the hope is to add language concerning this issue. Commissioner Patterson stated that the telecommunications issues are similar; that the general presentation can be given using the reduction in the State recycling grant as an example of past occurrences. On motion of Commissioner Cardamone and second Commissioner Vice Mayor Dupree, it was moved to integrate in the conversation with the Legislative Delegation opposition to measures which erode local revenue sources. Motion carried unanimously: (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. Commissioner Patterson stated that the City obtains $1.1 million in revenue sharing tied to tobacco taxes, which are decreasing; that the County's revenue sharing is tied to the intangibles tax, which is increasing; that the City should support the Legislature's considering attaching the City's revenue sharing to a source with growth potential. City Auditor and Clerk Robinson stated that the suggestion was for wireless communications services. Commissioner Patterson stated that wireless communications services was one suggestion but doing so raises another tax issue; that enough is not known about the State budget to make a recommendation; that the point should be made to the Legislative Delegation that the City's revenue source is shrinking and the County's expanding; that the issue is already included in the MSLC brochure and asked if a vote is necessary. Mayor Pillot stated that hearing no objections, the issue of exploring sources of substitute City revenue sources to the tobacco tax will be presented to the Legislative Delegation. 4. ADOPTION RE: PROPOSED RESOLUTION NO. 98R-1037 SUPPORTING POLICY POSITIONS ADOPTED BY THE FLORIDA LEAGUE OF CITIES, INC. CONCERNING THE REVISIONS TO THE FLORIDA CONSTITUTION FOR CONSIDERATION BY THE 1998 CONSTITUTION REVISION COMMISSION RESCHEDULED TO JANUARY 20, 1998, REGULAR COMMISSION MEETING; ADMINISTRATION TO DRAFT A LETTER TO THE 1998 CONSTITUTIONAL REVISION COMMISSION OPPOSING A CHANGE IN THE CAP ON MUNICIPAL LIABILITY (AGENDA ITEM III) #2 (1625) through (1941) Commissioner Patterson stated that a resolution was adopted by the Florida League of Cities (FLC) supporting consideration of certain revisions to the Florida Constitution by the 1998 Constitution BOOK 43 Page 16002 01/08/98 2:00 P.M. BOOK 43 Page 16003 01/08/98 2:00 P.M. Revision Commission; that the anticipation is the City would support most of the proposed revisions; that two of the proposals to the 1998 Constitution Revision Commission would exempt the Van Wezel Performing Arts Hall (VWPAH) from charging sales tax, which is fair as not-for-profits are not required to charge sales tax for tickets whereas the VWPAH currently charges sales tax; that the FLC added the provision, which has been offered as an amendment by members of the Commission, specifically as a courtesy to the City; that a proposed City resolution has been developed paralleling the FLC resolution. Commissioner Cardamone asked if consideration could be delayed until the proposed resolution is thoroughly reviewed. Commissioner Patterson stated yes, if resolution is placed on the January 20, 1998, regularly scheduled Commission meeting. Commissioner Cardamone asked the total revenue and the City's portion from the sales tax on ticket sales at the VWPAH and Ed Smith Sports Stadium? City Manager Sollenberger stated that VWPAH sales are approximately $4 million annually; that the 7 percent sales tax is $280,000, of which the City receives approximately 14 to 15 percent. Commissioner Patterson stated that rates could be raised to compensat for the revenue loss if desired. Commissioner Cardamone stated that the City benefits from the collection of the sales tax as does the rest of the State. City Manager Sollenberger stated that the concern is that sales tax is not charged on tickets sold by other nonprofit, 501(3) (c) corporations. Commissioner Cardamone stated that patrons may not share the concern; that the City will not raise ticket prices by 7 percent if the sales tax is eliminated. Commissioner Patterson stated that the City receives a relatively small amount of the total 7 percent sales tax. Commissioner Patterson continued that the 1998 Constitutional Revision Commission is also considering the issue of municipal liability; that a cap of $100,000 per person and $200,000 per incident on municipal and county legal liability, which can be exceeded by State Legislative vote if a hardship exists, has been in place for a number of years; that the trial attorneys would like the cap eliminated; that two proposals have been developed: 1) no cap and 2) increase the current cap to $250,000 per person and $500,000 per incident and add a cost-of-living provision; that the current system works well in most minor cases; that the State Legislature can be petitioned to raise the cap in major cases; that sending a letter to the 1988 Constitutional Review Commission would be helpful as the proposal would cause problems for the City; that this proposal could be the most expensive of any facing the City. Mayor Pillot stated that such a letter would gladly be signed; that hearing no objections, the Administration should draft a letter for the Mayor's signature. 5. APPROVAL RE: CITY OF SARASOTA TO SERVE AS FISCAL AGENT FOR THE SARASOTA NORTH AREA PLAN (SNAP) BROWNSFIELD PROJECTS, WITH DOUG TAYLOR, ENVIRONMENTAL RESOURCES MANAGER, AS THE PROJECT MANAGER, AS A MEANS OF QUALIFYING FOR AN ENVIRONMENTAL PROTECTION AGENCY (EPA) GRANT IN THE AMOUNT OF $192,000 - APPROVED (AGENDA ITEM IV) #2 (1941) through (2417) City Manager Sollenberger stated that support is requested by the Florida House Institute (FHI) for an Environmental Protection Agency (EPA) project to conduct a survey of brownfields in north Sarasota; that FHI has submitted the application to the EPA; that the City has sent a letter to the EPA indicating the City would handle the fiscal responsibilities subject to Commission approval; that the EPA indicated that the City must act as fiscal agent for the EPA to consider the application; that the EPA will provide funding only to a general purpose government entity not a nonprofit entity; that the EPA desires a stronger commitment from the City as the applicants will be ranked shortly; that the EPA does not want to eliminate a proposal, fund the brownfields project, and subsequently determine the Commission will not agree; that whether the EPA will approve the FHI proposal is not known; however, Commission support is necessary sO the FHI proposal will not be eliminated from consideration. Commissioner Patterson asked if a local match is required for the grant? City Manager Sollenberger stated no; however, the costs will be borne by the City and then reimbursed sO interest earnings will be lost; that some administrative costs are reimbursed; however, all the costs may not be received; that Doug Taylor, Environmental Resources Manager, is very knowledgeable in environmental matters and will act as the City's project manager; that the project is consistent with the City's goals and objectives of the economic development of the north end of Sarasota; that the Administration recommends approval. Commissioner Patterson asked the time frame for reimbursement? BOOK 43 Page 16004 01/08/98 2:00 P.M. BOOK 43 Page 16005 01/08/98 2:00 P.M. Gibson Mitchell, Director of Finance, came before the Commission and stated that reimbursement is on a cost basis; that EPA has advised reimbursements for this type of grant move more quickly than other grants such as water and sewer projects; however, some costs may be questioned; therefore, no direct answer can be given as to the reimbursement time frame; that the outside potential cost to the City is the interest on $100,000 over the two-year period. Commissioner Patterson asked the definition of a brownfield? Dr. Richard Hailer, representative for FHI, came before the Commission and stated that a commonly accepted definition is: "sites that are abandoned or underused because of real or suspected contamination", that the definition is open-ended; that the number of brownfields in north Sarasota is not known but may be quite high if City-owned as well as privately owned land which is or is perceived to be contaminated is included; that the site being used for the urbaculture project is a good example of a large tract of land defined as a brownfield; that the guess is 30 to 40 sites could be classified as brownfields in the area. Commissioner Patterson asked if grant monies are available to deal with the problem once brownfields are identified? Dr. Hailer stated yes; that State legislation has been proposed to help remediate the problems; that requesting EPA funds to inventory and assess the sites is wise; that State and EPA funds would be requested to partnership with the City or private developers to clean up the sites. Commissioner Patterson stated that support of new State legislation for brownfields remediation is a possible addition to the City's legislative priorities. Dr. Hailer stated that legislative initiatives for brownfield clean-up is to the City's advantage; that intormation will be provided to the City Auditor and Clerk. Vice Mayor Dupree stated that the main focus of brownfields redevelopment is neighborhood sustainability. Dr. Hailer stated that is correct; that several years ago a confusion was that EPA was perceived as the enforcer against contaminators, which is still the case; however, public policy has not worked to redevelop existing brownfields; therefore, EPA' 's strategy is to work with communities and private developers who want to follow the rules; that a convent is required with the EPA, which may even provide seed money to turn sites from unsustainable to sustainable, tax-roll, job-creating activities. On motion of Commissioner Cardamone and second of Vice Mayor Dupree, it was moved to: approve the Administration's recommendation for the City to act as fiscal agent for the brownfields project. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 6. REPORT RE: ADVANCE REPORT OF THE PLANNING BOARD/LOCAL PLANNING AGENCY'S REGULAR MEETING OF JANUARY 7, 1998, REGARDING FINAL PLAT APPROVAL FOR PETITION 97-SUB-01, A 12- UNIT CLUSTER DEVELOPMENT LOCATED AT 523 SOUTH PALM AVENUE - GRANTED FINAL PLAT APPROVAL FOR PETITION 97-SUB-01 (AGENDA ITEM V) #2 (2417) through (2675) Jane Robinson, Director of Planning and Development, came before the Commission and stated that Petition No. 97-SUB-01 is for final plat approval for the Palm Avenue Villas Subdivision; that the Planning Board/Local Planning Agency (PBLP) met on January 7, 1998, to affirm: 1) final plat approval and 2) all conditions have been met; that the Director of Engineering/City Engineer confirms that the final plat is substantially the same as the preliminary plat; that two conditions were added by the PBLP: 1) recording of the easement agreement regarding the petitioner's obligation to accommodate stormwater runoff from the property owned by the Sarasota Film Society and 2) correcting the Declaration of Restrictive Covenants to change references from Sarasota County to the City of Sarasota, where appropriate. City Attorney Taylor stated that the City does not receive many plat approvals due to the City's built-out nature; that final plat approval is a technical process; that a preliminary approval has been obtained; that final approval means the legally required documents have been presented for recording, which has occurred, and the City's technical departments have confirmed the final plat complies with all the reviews; that the site and development plan for this project was approved some time ago; that the structures are being built; that the properties be sold cannot be closed until the process is finished; that formally, the Commission must grant final approval according to the City's ordinances; that administrative and legal Staff has reviewed and approved the final plat. On motion of Commissioner Cardamone and second of Commissioner Patterson, it was moved to approval the final plat plan for Petition No. 97-SUB-01. Commissioner Cardamone asked if the City caused a problem in the approval process? Ms. Robinson stated no; that the developer was told the petition could be processed without waiting for final plat plan approval. BOOK 43 Page 16006 01/08/98 2:00 P.M. BOOK 43 Page 16007 01/08/98 2:00 P.M. Commissioner Cardamone asked if the process being followed is the result of an advance agreement? Ms. Robinson stated yes. Vice Mayor Dupree asked if this process is always followed? City Attorney Taylor stated yes, except the request is coming to the Commission on an expedited basis, which is not a requirement. Ms. Robinson stated that the City has few final plat approvals. Commissioner Merrill asked if the Administration supports the request. City Manager Sollenberger stated yes. Mayor Pillot called for a vote on the motion. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yesi Merrill, yes; Patterson, yes; Pillot, yes. 7. CITIZENS - INPUT CONCERNING CITY TOPICS - (AGENDA ITEM IV) #2 (2675) through (3211) Dr. George Reid, 1870 Irving Street (34236) representing the Performance Design Group (PDG) stated that PDG was the successful bidder on the Request for Proposal (RFP) to perform the Law Enforcement Needs Assessment; that waiting a year to perform the study is not in the City's best interest; that PDG's recommendation is that the two studies, the Financial Sustainability Study and the Law Enforcement Needs Assessment, be conducted parallel; that PDG is anxious to move forward and get started sO the two studies could complement each other; that some of the data on crime statistics, citizens' perceptions, etc., could be part of the formula of looking at trends; that the results of the first study will be forthcoming fairly quickly at which time the second study will only be about half completed; that the two sets of data would be of more value if considered coincidentally rather than sequentially; that reconsideration of the earlier Commission discussion and the benefits of the two studies is urged. City Manager Sollenberger stated that a report could be prepared, if desired by the Commission. Commissioner Cardamone stated that the City is involved in numerous projects, i.e., the Land Development Regulations (LDRs), rewriting the Comprehensive Plan, and various studies; and asked the amount of Staff and Commission time involved in the study? John Lewis, Chief of Police, came before the Commission and stated that the amount of Police Staff time could be considerable; that the seven month delay to have a better understanding of the City's position will be worthwhile. Commissioner Patterson stated that deference should be given the Administration's recommendation. City Manager Sollenberger stated that obtaining the Financial Sustainability Study data first to assure consistency of data would be preferable; that conducting two parallel consultants' studies is a good concept but may not actually happen; that a review of the request could be conducted; that his recommendation is to delay the Law Enforcement Needs Assessment. Commissioner Patterson stated that countermanding the Administration's recommendation is difficult; however, other consideration may be afforded if the selected consultant has suffered a financial hardship as a result of the City's delay. Chief Lewis stated that three responses were received to the RFP; that the selected respondent expended no additional effort and should have experienced no additional financial burden than the other respondents. Vice Mayor Dupree asked if any part of the Law Enforcement Needs Assessment can be done simultaneously without duplication? Chief Lewis stated that a definitive answer cannot be given; however, no duplication of costs will occur. Mayor Pillot stated that hearing no objections, the consensus of the Commission is to follow the Administration's recommendation to conduct the Financial Sustainability Study first, followed by the Law Enforcement Needs Assessment. Dr. Reid stated that working with the City is contemplated with great anticipation. 8. REMARKS OF COMMISSIONERS -ADMINISTRATION TO REPORT CONCERNING THE FLOODING AT THE SARASOTA DAY NURSERY #2 (3211) through (3693) COMMISSIONER CARDAMONE : A. stated that the Sarasota Day Nursery flooded again today even though the amount of rain was not significant; that the problem is apparently constant and should be addressed. City Manager Sollenberger stated that Engineering Department Staff will inspect the area today; that a report will be prepared for the Commission; that Sarasota County's Stormwater Environmental Utility (SEU) will have to be contacted to resolve the issue. Vice Mayor Dupree stated that the Sarasota Day Nursery nearly flooded during heavy rains about a month ago; that an inspection BOOK 43 Page 16008 01/08/98 2:00 P.M. BOOK 43 Page 16009 01/08/98 2:00 P.M. with the Administration was conducted at that time; that a railroad cross-tie, which has since been removed, and trash seemed to block the culvert under the road; that additional blockage may have occurred. B. stated that she has been invited to attend the Leadership Florida Program for Elected Officials, which has a registration fee of approximately $900; therefore, her budgeted travel allowance may be exceeded by a small amount. Commissioner Patterson stated that the $900 registration fee is supplemented by the Florida League of Cities (FLC) and the State of Florida; that the conference is wonderful and worthwhile. Commissioner Merrill stated that his budgeted travel allowance may be reallocated. Mayor Pillot stated that hearing no objections, budgeted travel allowances will be reallocated to provide the necessary funds. MAYOR PILLOT: A. stated that the National Mayors' Conference in Washington, D.C., will be attended January 27 through 30, 1998, at personal expense. Commissioner Cardamone stated that the expense should not be borne personally. Mayor Pillot stated that a former colleague expressed the view, with which he concurs, that personal payment results in a certain freedom of action. 9. OTHER MATTERS ADMINISTRATIVE OFFICERS = CITY COMMISSION WILL COMPLETE PERFORMANCE EVALUATIONS OF THE CITY MANAGER AND WILL TURN IN ALONG WITH THE PERFORMANCE EVALUATIONS OF THE CITY ATTORNEY AND THE CITY AUDITOR AND CLERK BY FEBRUARY 13, 1998 (AGENDA ITEM V) #2 (3211) through (3693) CITY MANAGER SOLLENBERGER: : A. stated that the Wynnton Group, Inc., submitted the proposed site plan for the Renaissance of Sarasota to the City today. B. stated that the Commission previously decided to complete performance evaluations of the City Attorney and the City Auditor and Clerk by January 30, 1998; that the Commission may also complete the performance evaluation of the City Manager during the same time frame using the same method as last year, i.e., either the instrument already developed or a narrative format; that the individual performance evaluations could be compiled and distributed and a workshop scheduled. Commissioner Cardamone asked if the same deadline should apply? Mayor Pillot stated that all performance evaluations could be turned in no later than Friday, February 13, 1998; that hearing no objections, a pertormance evaluation of the City Manager will be conducted and all performance evaluations will be turned in to the Director of Human Resources by February 13, 1998. 10. ADJOURN (AGENDA ITEM VI) #2 (3695) There being no further business, Mayor Pillot adjourned the special meeting of January 8, 1998, at 5:06 p.m. a i6 GENE M. PILLOT, MAYOR ATTEST; C T.1 B3itlss 6 Re CeN BILLY ER ROBINSON, CITY AUDITOR AND CLERK BOOK 43 Page 16010 01/08/98 2:00 P.M.