BOOK 52 Page 23765 09/03/02 6:00 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF SEPTEMBER 3, 2002, AT 6:00 P.M. PRESENT: Mayor Carolyn J. Mason, Vice Mayor Lou Ann R. Palmer, Commissioners Richard F. Martin, Mary J. Quillin, and Mary Anne Servian, City Manager Michael A. McNees, City Auditor and Clerk Billy E. Robinson, and City Attorney Richard J. Taylor ABSENT: None PRESIDING: Mayor Mason The meeting was called to order in accordance with Article III, Section 9(a) of the City of Sarasota Charter at 6:01 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. PRESENTATION RE: EMPLOYEE OF THE MONTH FOR AUGUST 2002, AUDREY MONROE, SENIOR PROCUREMENT TECHNICIAN, GENERAL SERVICES DEPARTMENT, /1 PURCHASING DIVISION CD 6:02 through 6:06 Mayor Mason requested that City Manager McNees, Nancy Carolan, Director of General Services, and Audrey Monroe, Senior Procurement Technician, General Services Department/Purchasing Division, and Employee of the Month for August 2002, join her and the Commission at the Commission table for the presentation. Ms. Carolan stated that during the presentation of Employee of the Month, the City has the opportunity to honor employees; that Ms. Monroe has worked in Purchasing Division of the City's General Services Department for two years; that Ms. Monroe's expertise in processing Request for Proposals (RFP) as part of her duties has greatly enhanced the flow RFPS from departments to vendors; that the Purchasing Division processes a large amount of bids over the period of a year; that some bids are very complicated; that the process entails planning and coordination; that Ms. Monroe is currently attending Manatee Community College and pursuing majors for an Associate's Degree in civil engineering and building construction technology, which is important to the City as Ms. Monroe is the specialist in the City's construction bids and RFPS; that Ms. Monroe is also a member of Florida Women in Government, Inc. (FWG), which is supported by the City; that presenting Ms. Monroe the award for Employee of the Month for August 2002 is an honor. Mayor Mason stated that Ms. Monroe has served the City with excellence and pride; read the Employee of the Month plaque in its entirety, presented Ms. Monroe with a City-logo watch, a plaque, and a certificate as the August 2002 Employee of the Month in appreciation of her unique performance with the City of Sarasota; and congratulated her for an outstanding effort. Ms. Monroe thanked the City for the recognition; stated that many wonderful people work for the City; that FWG is a wonderful organization; and recognized her husband, John, and mother-in-law, Rose, present in the audience. 2. PRESENTATION RE: AMERICAN MEMBRANE TECHNOLOGY ASSOCIATION 2002 ROBERT VERNON AWARD PRESENTED TO JOHN MORTON, WATER TREATMENT PLANT LEAD OPERATOR CD 6:06 through 6:09 Mayor Mason requested that William Hallisey, Director of Public Works, Steve Duranceau, PhD, Boyle Engineering, representative from the Southeast Desalting Association for the American Membrane Technology Association (AMTA), and John Morton, Water Treatment Plant Lead Operator, Public Works, join her and the Commission at the Commission table for the presentation. Mr. Hallisey stated that Mr. Morton is the recipient of the prestigious 2002 Robert Vernon Award which was initially awarded on August 8, 2002, at the AMTA Biennial Conference and Exposition in Palm Harbor, Florida. Mr. Duranceau stated that the AMTA, an international organization which promotes the improvements of water supplies through desalting, reuse, and other sciences, recognizes outstanding performances by individuals and companies furthering the understanding and use of membrane technology to treat municipal, industrial, commercial, agricultural, and wastewaters; that each year, the Robert Vernon Award is presented to an outstanding water treatment operator to acknowledge excellence in being a lead operator in drinking water plant operations; that the Mr. Morton received the 2002 Robert Vernon Award for his outstanding accomplishments and contributions to water supply improvement; that operators protect the public health by being a barrier to water-borne disease; that the City has an innovative program and is a leader for water treatment in the use of advanced technology in the State; that Mr. Morton has been a water BOOK 52 Page 23766 09/03/02 6:00 P.M. BOOK 52 Page 23767 09/03/02 6:00 P.M. treatment operator for 29 years and the Water Treatment Plant Lead Operator for the City since 1988; that AMTA also provides broad opportunities for the exchange of technical, operational, and financial information among individuals and organizations interested in membrane technologies; and presented Mr. Morton with the 2002 Robert Vernon Award for outstanding accomplishments in water supply improvement. Mr. Morton thanked the Staff of the Utilities Department, especially the City Staff who decided 20 years ago to utilize membrane technology and build a reverse-osmosis water treatment plant. Mayor Mason stated that Mr. Morton is a source of pride for the City and is encouraged to keep up the good work; and congratulated Mr. Morton on behalf of the Commission for achieving the outstanding award. 3. PRESENTATION RE: RECOGNITION OF PAM INMAN, PHOTOGRAPHY INSTRUCTION, AND BOOKER HIGH SCHOOL STUDENTS FOR THEIR PHOTOGRAPHY EXHIBIT CELEBRATING THE SARASOTA SCHOOL OF ARCHITECTURE CD 6:09 through 6:14 Mayor Mason requested that Martie Lieberman and Carol Kopek, Co Chairs of the 2001 American Legacy Seminar sponsored by the Sarasota Fine Arts Society, and Pam Inman, Photography Instructor, Booker High School, and Juanita Charez, Photography Student at Booker High School, join her and the Commission at the Commission table for the presentation. Ms. Lieberman referred to the photographic collage artwork from the Sarasota School of Architecture displayed in the City Hall lobby and stated that in November of 2001, the Fine Arts Society held an American Legacy Seminar featuring the Sarasota School of Architecture; that as a result, Pam Inman and Booker High School students undertook a project to photograph key structures in the City which were developed by practionners of the Sarasota School of Architecture, including City Hall. Ms. Inman stated that Booker High School began the photography program three years agoi that all students, whether owning a camera or not, could enroll; that half the students did not own camerasi that the cameras were obtained through grants or donations from the community; that the photography project was inspired by noted artist and photographer David Hockney, who is renowned for his eclectic style; that the students were also interested in the Sarasota School of Architecture as the Fine Arts Society provided bus tours during the American Legacy Seminar. Ms. Inman continued that she recognized the following photography students from Booker High School present in the audience: Crystal Adair, Norma Coronado, Nalley Garcia, Weston Hooks, Catherine Hough, Amber Knowles, Sara Moon Ms. Charez stated that the project was based on Mr. Hockney's method of photography; that many photographs from different perspectives were taken of one subject; that the subject was based on Sarasota School of Architecture sites; that the photographs were assembled into one image, which is a unique method of displaying the subject; that the image showed a story of time progression and the art of architecture; that the students used the cameras donated to Booker High School; that the donations of the cameras are appreciated; that the hope is the community will enjoy the images taken by the students. Mayor Mason stated that the artwork is exceptional; that the students are encouraged to further their creative abilities; and on behalf of the Commission, congratulated Ms. Inman and the students for their talent. 4. ADOPTION RE: MEMORIAL RESOLUTION NO. 02R-1535, RECOGNIZING THE PASSING OF EARL WATTS, LONGTIME RESPECTED EDUCATOR IN THE COMMUNITY = ADOPTED AND 5. ADOPTION RE: MEMORIAL RESOLUTION NO. 02R-1532, RECOGNIZING THE PASSING OF MARY WATTS, LONGTIME RESPECTED EDUCATOR IN THE COMMUNITY - ADOPTED CD 6:14 through 6:21 Mayor Mason requested that Vice Mayor Palmer join her at the table for the presentation. Mayor Mason stated that Memorial Resolution No. 02R-1535, recognizes the August 25, 2002, passing of Earl Watts, longtime respected educator in the Community, and read Memorial Resolution No. 02R-1535 in its entirety. On the motion of Vice Mayor Palmer second of Commissioner Quillin, it was moved to adopt Memorial Resolution No. 02R-1535. BOOK 52 Page 23768 09/03/02 6:00 P.M. BOOK 52 Page 23769 09/03/02 6:00 P.M. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Martin, yes; Mason, yes; Palmer, yesi Quillin, yes; Servian, yes. Mayor Mason stated that Memorial Resolution No. 02R-1532, recognizes the August 25, 2002, passing of Mary Watts, longtime respected educator in the Community, and read Memorial Resolution No. 02R-1532 in its entirety. On motion of Vice Mayor Palmer and second of Commissioner Quillin, it was moved to adopt Memorial Resolution No. 02R-1532. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Mason, yes; Palmer, yes; Quillin, yes; Servian, yes; Martin, yes. The following representatives of the Watts family came forward and were presented with a copy of the memorial resolutions appropriately framed on plaques: Constance White-Davis and Peggy Wiggins. Mayor Mason stated that Mary and Earl Watts served the community with an unfailing commitment to educate children; that the loss is deeply felt; and asked Ms. White-Davis and Wiggins to extend the Commission's condolences to the family. 6. APPROVAL RE: MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF AUGUST 5, 2002 = APPROVED AS REVISED i MINUTES OF THE SPECIAL SARASOTA CITY COMMISSION MEETING OF AUGUST 12, 2002 = APPROVED (AGENDA ITEM I-1 AND -2) CD 6:21 through 6:23 Mayor Mason asked if the Commission had any changes to the minutes of the Regular Commission meeting of August 5, 2002? Commissioner Quillin stated that the minutes indicate Mayor Mason adjourned the meeting; however, Mayor Mason had left the meeting and Vice Mayor Palmer adjourned the meeting. City Auditor and Clerk Robinson stated that the correction has already been noted and the minutes revised. Mayor Mason stated that hearing no other changes, the minutes of the Regular Commission meeting of August 5, 2002, as revised are approved by unanimous consent. Mayor Mason asked if the Commission had any changes to the minutes Special Commission meeting of August 12, 2002? Mayor Mason stated that hearing no changes, the minutes of the Special Commission meeting of August 12, 2002, are approved by unanimous consent. 7. BOARD ACTIONS RE : REPORT RE : PLANNING BOARD/LOCAL PLANNING AGENCY' S REGULAR MEETING OF AUGUST 7, 2002 RECEIVED REPORT (AGENDA ITEM II-1) CD 6:24 through 6:26 Ken Shelin, Chair of the Planning Board/Local Planning Agency (PBLP), and Jane Robinson, Director of Planning, came before the Commission. Mr. Shelin presented the following item from the August 7, 2002, Regular PBLP meeting: Newtown Redevelopment Plan (Plan) Mr. Shelin stated that the PBLP, by verbal consensus, voted to move the Plan forward for consideration by the Commission; that the PBLP expressed positive feelings and general support toward the Plan; however, the PBLP did not feel comfortable making specific recommendations given the limited experience with the Plan and the subject matter; that the PBLB suggested the Commission consider: Encouraging the preservation of the historical character, especially of the homes, in the Newtown area; - Funding for increased level of code enforcement in the neighborhood within the first five years of the Plan's implementation; - Evaluating the housing needs of the lowest income residents; Preserving and creating a gathering space, other than a suburban strip commercial center, to serve as a civic "heart" of the community; and Ensuring the Plan is coordinated with other City plans including the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's BOOK 52 Page 23770 09/03/02 6:00 P.M. BOOK 52 Page 23771 09/03/02 6:00 P.M. Comprehensive Plan), the Newtown Enterprise Zone and the Parks + Connectivity Master Plan. On motion of Vice Mayor Palmer and second of Commissioner Servian, it was moved to receive the board report of the August 7, 2002, Regular Planning Board/Local Planning Agency meeting. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. 8. BOARD ACTIONS RE : REPORT RE: BOARD OF ADJUSTMENT SPECIAL MEETING OF JULY 16, 2002 APPROVED TO DRAFT AN ORDINANCE TO AMEND THE ZONING CODE TO ESTABLISH A REQUIREMENT FOR THREE AFFIRMATIVE VOTES TO TAKE ACTION, TO CONTINUE CONSIDERATION OF A PETITION OR APPEAL TO THE NEXT REGULAR OR SPECIAL MEETING IN THE EVENT OF A TIE, AND REFER TO A SPECIAL MASTER IF THE SECOND VOTE RESULTS IN A TIE : RECEIVED REPORT (AGENDA ITEM II-2) CD 6:27 through 6:34 Elmer Berkel, Chair of the Board of Adjustment (Board), Mark Singer, Attorney, City Attorney's Office, and Timothy Litchet, Director of Building, Zoning and Code Enforcement, came before the Commission. Mr. Berkel stated that the Commission directed the Board to discuss expanding the Board to seven members; that the event of a tie vote is the underlying issue; that the City of Dallas, Texas, uses a system of an alternative member to vote only in the event of a tie vote; that the Board has recommended amending the Zoning Code (2002 Ed.) to appoint an alternate Board member; that the Board would be comprised of five members and one alternate; that the alternate would attend all meetings and participate in all matters but would only vote in the event of a tie vote; that the Board also recommended amending the Zoning Code (2002 Ed.) to clarify three affirmative votes would be required for the Board to make a final decision granting or denying any petition for a variance or appeal of a decision of the Director of Building, Zoning and Code Enforcement; that the Board's rules of procedure concerning a tie vote have been amended on an interim basis; that the proposed changes to the Zoning Code (2002 Ed.) and the revised rules of procedure are: included in the Agenda backup material. Commissioner Quillin stated that the Board discussed the idea of a decision being forwarded to a Special Master. Mr. Berkel stated that a Special Master as an alternative was discussed; that a Special Master could make a final decision in the event of a tie vote granting or denying any petition for a variance or appeal; that the City of Bradenton, Florida, uses a Special Master. Commissioner Quillin stated that Hillsborough County as well as other communities use a Special Master. Commissioner Quillin stated that a tie vote being forwarded to a Special Master is a good alternative and is supported; that the Special Master could listen to tapes and ask for presentations; that a Special Master is utilized for code enforcement citations. Mr. Berkel stated that a Special Master may find an audio tape difficult to follow especially if visual presentations were made; that a videotape would be preferred. Commissioner Quillin stated that the Board meetings should be videotaped. City Auditor and Clerk Robinson stated that videotaping and broadcasting the Board Meetings was discussed at the last Access Sarasota, Channel 19, (AccessSarasota) meeting; that the Board meetings should be videotaped beginning in October 2002. Commissioner Quillin stated that the Board meetings should be video taped even if not broadcast on AccessSarasota. On motion of Vice Mayor Palmer and second of Commissioner Quillin it was moved to draft an Ordinance to amend the Zoning Code to establish a requirement for three affirmative votes to take action, to continue consideration of a petition or appeal to the next regular or special meeting in the event of a tie, and refer to a Special Master if the second vote results in a tie. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. Commissioner Martin stated that an alternate member is, therefore, not required. On motion of Vice Mayor Palmer and second of Commission Quillin, it was moved to receive the board report of the July 16, 2002, Special Board of Adjustment meeting. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. BOOK 52 Page 23772 09/03/02 6:00 P.M. BOOK 52 Page 23773 09/03/02 6:00 P.M. 9. BOARD ACTIONS RE: REPORT RE : CELEBRATE SARASOTA COMMITTEE = ACCEPTED THE LOGO WITH THE WORDING n CELEBRATE SARASOTA" AS THE OFFICIAL LOGO FOR CELEBRATE SARASOTA INCLUDING AUTHORIZATION OF USE OF THE CITY SEAL; APPOINTED DAVE LABELLE, THORNING LITTLE, REVEREND JEROME DUPREE, DR. ROBERT WINDOM, GEORGE "PETE" ESTHUS, BARBARA THOMPSON, PAUL THORPE, JAMES COONEY, DIANA CORRIGAN, AND BOB JOHNSON TO THE COMMISSION'S STEERING COMMITTEE FOR THE CELEBRATE SARASOTA ACTIVITIES; ; AGREED A RESOLUTION FORMALIZING THE DUTIES AND CHARGE OF THE COMMISSION'S STEERING COMMITTEE WILL BE PRESENTED AT THE SEPTEMBER 17, 2002, REGULAR COMMISSION MEETING (AGENDA ITEM II-3) CD 6:34 through 7:30 George "Pete" Esthus, Executive Board Member, Christopher Wenzel, Public Relations Co-Chair, Jeanne Kipp and Elaines Karins, Finance Committee Co-Chairs, and Linda Post, aucational/sehools Committee Co-Chair, Celebrate Sarasota Committee, came before the Commission. Mr. Esthus stated that he was born in Sarasota in 1929; that in 1945, the voters of Sarasota elected to change the City government to an elected Commission with a hired, professional City Manager; that his father, Arthur Esthus, was elected to serve on the first Commission; that in 1946, the Commission hired Colonel Ross Windom as the first City Manager; that Colonel Windom was the father of Dr. Robert Windom who is also an Executive Board Member on the Celebrate Sarasota Committee; that the City voters have managed to elect the right people for the right job for the last 99 years; that the City is about to celebrate 100 years; that the City is most often found in the top ten on lists of "best cities in which to live"; that for the past two months he has been a member of the Executive Board of the Celebrate Sarasota Committee; that the mission statement of the Celebrate Sarasota Committee is: To celebrate the 100th Anniversary of incorporation, while educating citizens on the history of the City of Sarasota, through a focus on the early developmental years of the city, the evolution of the arts within the community, and the contributions from culturally diverse citizenry of Sarasota; all of which have led to the creation of the best small city in these United States. Mr. Esthus continued that the Celebrate Sarasota Committee is comprised of approximately 100 hard working individuals working on ten major committees and ten sub-committees to plan events for the City 100th Year Anniversary Celebration which will be known collectively as Celebrate Sarasota; that additional volunteers keep coming in with new and innovative ways to benefit the celebration; that the hope is the year-long anniversary festivities are a rich and rewarding experience for "Ladies and Gentlemen and Children of All Ages,' I to quote from the Ringmaster's opening introduction at the circus; that the Commission and the Celebrate Sarasota Committee can work together to assure a year-long Celebrate Sarasota event for all to remember; that the Celebrate Sarasota Committee looks forward to the Commission's guidance; that representatives of the Celebrate Sarasota Committee are present in the audience and available to answer questions if desired. Mayor Mason requested that representatives of the Celebrate Sarasota Committee stand for recognition. Commissioner Martin stated that the August 27, 2002, Celebrate Sarasota Committee meeting minutes indicate an artist was contracted through the City to develop artwork for Celebrate Sarasota; that the artist is now requesting $2,300 for a licensing fee and $7,000 for licensing, copyright, and art; that the artist would personally benefit; that for clarification, the Celebrate Sarasota Committee members agreed to recommend not utilizing the artist's work. Commissioner Quillin stated that the issue regarding the artist's work on a poster previously approved by the Commission was brought back to the Celebrate Sarasota Committee; that providing the Celebrate Sarasota Committee with the status of the negotiations was appropriate; that conversations with the artist have been amiable; that the artist is very busyi that the Celebrate Sarasota Committee decided not to pursue utilizing the artist's work. Commissioner Martin stated that the Celebrate Sarasota Committee decided not to contract with the artist for a poster for the Celebrate Sarasota events. Commissioner Quillin stated that is correct. City Auditor and Clerk Robinson stated that clarification on items previously discussed is requested; and distributed a copy BOOK 52 Page 23774 09/03/02 6:00 P.M. BOOK 52 Page 23775 09/03/02 6:00 P.M. of the motion from the August 12, 2002, Special Commission meeting as follows: Mayor Mason called for a vote on the motion as revised to officially create a Celebrate Sarasota Committee (Committee) and to charge the Committee to: appoint a Chair, make recommendations concerning all licensing agreements, make recommendations to the Commission regarding expenditures of City budgeted funds, oversee all other related negotiations and transactions, and provide a written report to the Commission at the second meeting of every month, and furthermore to indicate Commissioners are not eligible members of the Board, although any Commissioner or community member group may submit event ideas to the committee requesting sanctioning and funding, and to direct the City Manager to appoint a Staff member as liaison to work with the Committee and inform the Administration and Commissioners to further the goals of the Anniversary Celebration. Motion carried (4 to 1): Martin, yes; Palmer, yes; Quillin, no; Servian, yes; Mason, yes. City Auditor and Clerk Robinson referred to displayed logos entitled Logo A and B on the Chamber monitors and stated that the motion indicates some action should be taken to approve an official logo; that Logo A is the City seal with the words "City of Sarasota" above and the words "100th Anniversary" below and Logo B is the City seal with the words "Celebrate Sarasota, I which is the theme for the celebration throughout the year, above; that the Celebrate Sarasota Committee requested Logo A be changed to the wording in Logo B; that if desired, Logo A could be utilized by the City for official recognitions such as plaques and Logo B could be utilized for events associated with the celebration. Commissioner Quillin stated that the Celebrate Sarasota Committee discussed the change; that Logo B would be utilized for all events and would carry through the theme of Celebrate Sarasota; that the theme is not the City of Sarasota; that historians indicated the 1902 seal is for the Town of Sarasota; that the Celebrate Sarasota Committee would like approval from the Commission to use the wording "Celebrate Sarasota" above the City logo; that Logo B would be used throughout the advertising of Celebrate Sarasota; that Logo A could be used by the City for gifts, plaques, etc. Mayor Mason passed the gavel to Vice Mayor Palmer and left the Chambers at 6:42 p.m. On motion of Commission Servian and second of Commissioner Martin, it was moved accept Logo B as the official logo for Celebrate Sarasota. Mayor Mason returned to the Chambers at 6:44 p.m. Mayor Mason stated that the understanding is Logo B would be used for events associated with the celebration and Logo A would be used for plaques, etc. Vice Mayor Palmer stated that the understanding is Logo B would be used for events associated with the Celebrate Sarasota festivities and not other activities associated with the Cityi that the City's logo would not be changed; and asked the intent of the motion. Commissioner Servian stated that the understanding was not Logo A would be used for plaques and Logo B would be used for events; that the understanding was Logo B would be utilized for all activities associated with the Celebrate Sarasota festivities throughout the year, including plaques, events, etc. City Auditor and Clerk Robinson stated that Logo A was suggested, for example, for recognitions such as Employee of the Month to specifically indicate City of Sarasota; that the City could utilize only one logo, i.e., Logo B, if desired. Commissioner Servian stated that the wording "City of Sarasota" should not be utilized if the 100th Anniversary is indicated as the City was a town 100 years ago. City Auditor and Clerk Robinson stated that some confusion is also caused by the existence of both a City and County of Sarasota. City Attorney Taylor stated that a State statute prohibits the unauthorized use of a municipal seal, the violation of which is a crime; that the City seal is reproduced in Logos A and B; therefore, any motion should contain Clear language the City is authorizing the use of the City seal to the extent represented; that the City's seal is a portion of Logos A and B. BOOK 52 Page 23776 09/03/02 6:00 P.M. BOOK 52 Page 23777 09/03/02 6:00 P.M. Vice Mayor Palmer stated that the intent was not to misrepresent the use of the City seal. Commissioner Servian, as the maker of the motion, with the approval of Commissioner Martin, as the seconder, amended the motion to include authorization of the use of the City seal. Commissioner Quillin stated that the City should have latitude; that Logo B will be the theme and logo of Celebrate Sarasota. Commissioner Servian stated that Logo B will be used for any and all events associated with Celebrate Sarasota; that Staff can make modification for internal and official use if deemed appropriate. Vice Mayor Palmer called for a vote on the motion to accept Logo B as the official logo for Celebrate Sarasota as amended to include authorization of use of the City seal in Logo B. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. Vice Mayor Palmer passed the gavel to Mayor Mason. City Auditor and Clerk Robinson stated that the second action indicated in the August 12, 2002, motion concerns licensing and fees associated with the use of the logo; that the August 27, 2002, Celebrate Sarasota Committee meeting minutes indicate approval to charge a one-time fee of $25 to each organization to use the logo throughout the year. Commissioner Quillin stated that anyone can use or copy the logo; that the Celebrate Sarasota Committee had considerable discussion concerning the fee; that for example, the Downtown Association will have many events during the year; that the fee is a fundraiser which will be charged each organization one time only; that the Finance Committee made the recommendation to charge a fee as a fundraiser to fund Celebrate Sarasota events; that the Celebrate Sarasota Committee agreed the event must be family oriented and open to all age groupsi that an admission fee will be charged for some Celebrate Sarasota events and not others. Vice Mayor Palmer stated that charging a fee if everyone can utilize the logo is a concern; that the logo is in the public domain; that the ability to deny the use of the logo is not known; that the motion from the August 12, 2002, Special Commission meeting includes a reference to licensing; that a recommendation could be received from the Commission's committee which will be appointed. City Attorney Taylor stated that the terminology is causing some discomfort; that the City seal cannot be utilized or reproduced without authorization as a matter of law; that the logo is more than just the City seal; however, the City seal is included in the logo; that a broad statement anyone can use the City seal for any purpose should not be made; that use of the City seal must be authorized. Mayor Mason stated that the indication is a fee will be charged and asked the controls imposed? Commissioner Quillin stated that the Celebrate Sarasota Committee will give approval for use of the logo; that anyone interested in using the logo would be required to make a presentation to the Celebrate Sarasota Committee; that the criteria adopted by the Celebrate Sarasota Committee to use the logo was for a family-oriented event open to all age groups; that the Celebrate Sarasota Committee is attempting to reserve the logo for community- and family-oriented events. Commissioner Servian asked the use of the fee? Commissioner Quillin stated that the Celebrate Sarasota Committee would be authorized to charge a fee for use of the logo as a fundraiser and has established an account at Peoples Community Bank; that the checkbook would be held at the Sarasota Municipal Employees Credit Union (SMECU); that any funds dispersed would be approved by the Executive Board; that the Historical Society of Sarasota County will allow use of the 501 (c) (3) designation by the Celebrate Sarasota Committee. Mayor Mason stated that the City's system of checks and balances should be assured. Commissioner Quillin stated that maintaining the funds at the SMECU was discussed but not possible; that Peoples Community Bank will provide a free account; that a monthly accounting will be provided; that the Historical Society will assure a proper accounting of the funds; that the Celebrate Sarasota Committee decided any funds remaining at the end of the year will be donated two-thirds to the Historical Society for the campaign BOOK 52 Page 23778 09/03/02 6:00 P.M. BOOK 52 Page 23779 09/03/02 6:00 P.M. for an historic museum and one-third to the City's Public Art Program; that the Finance Committee has developed checks and balances; that the City requires three bids for any expenditure over $500, which will not be required if approval of expenditures is through the Finance Committee; that the Celebrate Sarasota Committee will provide an accounting which will be public; that corporate sponsors will require an accounting of the funds. Mayor Mason stated that the explanation is appreciated but still a concern. City Attorney Taylor stated that the mechanism relating to funding could be referred to the Administration and the City Attorney's Office for review; that the concern is a possible non-intended consequence related to Celebrate Sarasota; that more structure may be required. Vice Mayor Palmer stated that the Commission should appoint a committee to begin working with the Administration which should appoint a liaison to the committee; that the Commission's committee can begin a review and bring back appropriate recommendations which is the intent of the motion passed at the August 12, 2002, Special Commission meeting; that the City has allocated a significant amount of funding to Celebrate Sarasota without having a budget as to expenditures; that the Commission should appoint a committee at the present time and move forward. Mayor Mason asked if the City Attorney's recommendation has been considered? Vice Mayor Palmer stated yesi however, the Commission should appoint a committee to work with the Administration. Commissioner Quillin stated that the Celebrate Sarasota Committee planned to make a report to the Commission but was concerned after the motion was passed at the August 12, 2002, Special Commission meeting; that the Commission is requested to recognize the Celebrate Sarasota Committee, which is ever changing and will continue to grow; that the Executive Board and Co-Chairs of the committees have worked hard to become organized and would like to proceed with the work; that the Celebrate Sarasota Committee made an effort at this meeting to present the work accomplished; that volunteers continue to come forward; that the Commission is requested to recognize the Celebrate Sarasota Committee, which can begin working with the Administration to develop an agreement as to the manner in which to proceed; that the funds allocated by the City are similar to funds allocated for the Millennium Celebration; that the City had significant expenses related to the Millennium Celebration; that the City's funding for the 100th Year Anniversary Celebration is not for the Celebrate Sarasota Committee. Vice Mayor Palmer stated that a decision concerning use of the funding has not been made. Commissioner Quillin stated that the intent of the $25,000 included in the budget for the current fiscal year (FY) 2001/02 was for internal expenses such as honoring City employees, families, businesses, and neighborhoods and not to fund Celebrate Sarasota; that $100,000, which was the same amount budgeted for the Millennium, was personally requested for inclusion in the FY 2002/03 budget for the 100th Year Anniversary Celebration; that remaining Millennium funds were utilized to purchase the artwork in the City Hall lobby; that no portion of the funds budgeted was intended to fund Celebrate Sarasota. Vice Mayor Palmer stated that the Commission should make the decision regarding the expenditure; that a committee should be appointed by the Commission to work with the Celebrate Sarasota Committee. Commissioner Quillin stated that a committee already exists. Vice Mayor Palmer stated that other individuals should also be appointed to serve on the Commission's committee. Mayor Mason stated that the August 12, 2002, motion does not discount the Celebrate Sarasota Committee; that the intent of the motion was to assure appropriate reporting mechanisms; that the Commission should be kept informed. City Auditor and Clerk Robinson stated that the Office of the City Auditor and Clerk consulted with the City Attorney's Office regarding the Commission's committee; that based on the motion and the indicated duties, the Commission's committee will be subject to Florida's Government-in-the-Sunshine Laws; that all meetings must be noticed and allow public attendance; that minutes must be kept for all meetings. BOOK 52 Page 23780 09/03/02 6:00 P.M. BOOK 52 Page 23781 09/03/02 6:00 P.M. City Manager McNees stated that procedures for Celebrate Sarasota should be more clearly defined; that direction from the Commission is requested; that the Celebrate Sarasota Committee has been doing a considerable amount of good work but is not officially an agency of the City government; that any fundraising or expenditures under the umbrella of the Historical Society is of interest to the City but not City business; that a significant amount of funding has been set aside which must be appropriated under existing City policies; that an oversight agency should be created to guide the Commission concerning official coordination of Celebrate Sarasota events; that the Commission is requested to officially form a committee at the present time; that the Celebrate Sarasota Committee can be officially designated as the Commission's committee if desired. Commissioner Quillin referred to the list of the Celebrate Sarasota 100th Anniversary Executive Board and Committees included in the Agenda backup material and stated that the Celebrate Sarasota Committee has been meeting at will; that the City in partnership with the Celebrate Sarasota Committee can achieve significant results; that the intent was always for a separate committee working with the City; that a separate committee would not be subject to City confines such as bidding, etc.; that the Millennium committee, for example, was separate from the Cityi that the Commission is requested to recognize the following as the Celebrate Sarasota C committee: From the Executive Board of the Celebrate Sarasota Committee: Dr. Bob Windom Reverend Jerome Dupree Barbara Thompson George "Pete" Esthus From the Committees of the Celebrate Sarasota Committee: Finance Jeanne Kipp Elaines Karins Fundraising Amy Funk Chris Romine Public Relations Chris Wenzel Marketing Lisa Matthews Calendar Events Beverly Hunter Volunteer Coordinator Cherub Madden Speakers' Bureau Carol Morrison From the Events Subcommittee: Circus Parade Pedro Murillo ducational/Sehoo.s Linda Post Art/Memorabilia George Haborak Project Paint Mary Quillin Historic Committee Thorning Little Linda Turner Downtown Association Events Paul Thorpe St. Armands Circle Association Events Diana Corrigan Multi Cultural Diversification Stephania Feltz Tom Pfaff Special Projects Brian Boyle On motion of Commissioner Quillin, it was moved to recognize the members of the Celebrate Sarasota Committee as presented as the Commission's committee. Commissioner Martin asked for clarification of the composition of the committee. Commissioner Quillin stated that the Commission's committee would be comprised of the Executive Board and the Co-Chairs of the Committees of Celebrate Sarasota which are ever changing. Commissioner Martin stated that the ever changing nature of the membership is a concern and is frustrating; that a constantly changing committee is not a stable environment and is not desirable. Commissioner Quillin stated that the Celebrate Sarasota Committee began with three groups, each of which divided into two groupsi that the Public Relations and Marketing Committee is possibly taking over the responsibilities of the Calendar Committee to avoid duplication of effort; that the same individuals are involved; that the Executive Board may add or consolidate committees; that the organization of the committees is basic. Commissioner Servian stated that four individuals are indicated as the Executive Board; that numerous individuals are indicated as members of the committees; and asked the members of the Celebrate Sarasota Committee for which Commission recognition is requested? Commissioner Quillin stated that the Celebrate Sarasota Committee is comprised of the Executive Board and the Co-Chairs of the committees; that the committees are Finance, Fundraising, Public Relations and Marketing, Calendar, Events, Volunteer BOOK 52 Page 23782 09/03/02 6:00 P.M. BOOK 52 Page 23783 09/03/02 6:00 P.M. Coordinator, and Speakers' Bureau; that replacements would be included if any individuals were to resign from the committees. Commissioner Servian stated that specific names of individuals rather than committees are requested. Commissioner Quillin stated that the committees are established by the Executive Board; that committee members could resign and new appointments could be made by the Executive Board; that the committees rather than the individuals should be recognized; that other individuals recommended by the Commission could be added. Mayor Mason requested that Commissioner Quillin restate the motion. On motion of Commissioner Quillin, it was moved to recognize the members of the Celebrate Sarasota Committee as presented as the Commission's committee. Motion died for lack of a second. Mayor Mason stated that a committee should be appointed at the present time. Commissioner Martin stated that Reverend Dupree and Mr. Esthus have recently indicated a willingness to serve on the Commission's committee; that Dr. Windom previously indicated a willingness to serve; however, the interest of Ms. Thompson is not known. Commissioner Quillin stated that Ms. Thompson is currently out of town, but indicated her willingness to serve. Commissioner Martin nominated Dr. Robert Windom, Reverend Jerome Dupree, Barbara Thompson, and George "Pete" Esthus, Thorning Little, Dave Labelle, and Diana Corrigan. Vice Mayor Palmer nominated Paul Thorpe, Bob Johnson, and James Cooney. Commissioner Servian stated that ten individuals are suggested to serve on the Commission's committee for Celebrate Sarasota. Commissioner Quillin stated that the four members of the Executive Board of Celebrate Sarasota are not part of the activities associated with Celebrate Sarasota; that the effort was to have individuals on the Executive Board who do not have a vested interest in any event; that the purpose of the Executive Board is to evaluate recommendations brought forward by the committees; that appointing individuals without a vested interest and who are unbiased was the original intent and is more appropriate. City Manager McNees stated that to avoid confusion, the committee could be named the Commission's Steering Committee for the Celebrate Sarasota Activities. Mayor Mason called for a vote on the nominations of the following individuals to the Commission's Steering Committee for the Celebrate Sarasota Activities: Dave Labelle, Thorning Little, Reverend Jerome Dupree, Dr. Robert Windom, George "Pete" Esthus, Barbara Thompson, Paul Thorpe, James Cooney, Diana Corrigan, and Bob Johnson: Martin, yes; Palmer, yes; Servian, yes; Mason, yes. Mayor Mason announced the appointment of Dave Labelle, Thorning Little, Reverend Jerome Dupree, Dr. Robert Windom, George "Pete" Esthus,. Barbara Thompson, Paul Thorpe, James Cooney, Diana Corrigan, and Bob Johnson to the Commission's Steering Committee for the Celebrate Sarasota Activities (Steering Committee). Vice Mayor Palmer stated that the responsibilities of the individuals on the Steering Committee would be the following previously identified charges: 1) appoint a chair, 2) make recommendations concerning licensing agreements, 3) make recommendations concerning expenditure of City budgeted funds, 4) oversee all other related negotiations and transactions, and 5) provide a written report at second meeting of month; that no City funds would be spent without the authorization of the Commission; that the expenditure of City funds would follow normal City procedures through the Finance Department and not through separate bank accounts; that other groups can expend non-City funds in any manner desired. Gibson Mitchell, Finance Director came before the Commission and stated that the Finance Department will account for any funds given to the City; that State and City rules will apply; that any committee will be severely hindered in the process; that a committee could be allowed to raise and expend funds separately from the City which was the reason understood for changing the logo from the wording "City of Sarasota" to "Celebrate Sarasota" and identifying the organization separately from the Cityi that the Commission's action will require all funds be directed through the City. BOOK 52 Page 23784 09/03/02 6:00 P.M. BOOK 52 Page 23785 09/03/02 6:00 P.M. City Manager McNees stated that only City funds are the focus; that City purchasing thresholds should be consistent for City Celebrate Sarasota expenditures as for any other purpose. Vice Mayor Palmer stated that a budget should be presented to the Commission to authorize allocations; that the funds would be authorized by budgetary processes as is normally done in the course of business; that petty cash allowances could be part of the budget; that in general, all expenditures of funds should come through the Commission for approval. City Manager McNees stated that the $100,000 will be authorized as part of the proposed FY 2002/03 budget; that individual expenditures will be consistent with the City's purchasing policy. Commissioner Quillin stated that the understanding from the appointment of the Steering Committee was any activities associated with Celebrate Sarasota must be directed through the City; that the Celebrate Sarasota Committee has worked hard, has raised funds to pay for a circus parade, and will probably be diminished as a result of the appointment of the Steering Committee; that many people have worked hard independently on various activities. Vice Mayor Palmer stated that no effort is being made to interfere with independent activities; that the effort is to address the City funds allocated to the 100th Year Anniversary Celebration. Commissioner Quillin stated that the Celebrate Sarasota Committee will not be the official City committee; that apologies are offered to the people who worked hard on the various activities; that confusion has resulted. Commissioner Servian stated that no confusion has resulted; that structure has been placed in the Celebrate Sarasota activities; that the four individuals identified as the Executive Committee have been appointed to the Steering Committee; that additional resources have been included; that funds will not be mixed; that the intent of the motion is the $100,000 budgeted for Celebrate Sarasota events should be approved by the Commission as are all other budgetary items; that the Commission does not diminish anything the Celebrate Sarasota Committee has done; that the Celebrate Sarasota Committee is doing a wonderful job; that the intent of the Commission is to help by providing structure sO the Steering Committee can feel comfortable going forward with the Commission's support. Vice Mayor Palmer stated that the intent is for the Commission to feel comfortable going forward as well. Mayor Mason stated that the charge to the Steering Committee should be determined. City Auditor and Clerk Robinson stated that a resolution formalizing the duties and charge of the Steering Committee for could be presented at the September 17, 2002, Regular Commission meeting; that the City Manager, the City Attorney, and the City Auditor and Clerk will work together to develop the resolution. Mayor Mason stated that returning a resolution is acceptable; that the discussion was lengthy as the Commission collectively required some clarity regarding Celebrate Sarasota activities; that adding structure provides the Commission as well as the volunteers additional clarity. 10. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 3, 4, 5,6, 7,8,9, 10, 11, 12, 13, 14, AND 15 - APPROVED (AGENDA ITEM III-B) CD 7:30 through 7:31 1. Approval Re: Set for public hearing proposed Resolution No. 02R-1529, to allow the construction of a commercial wireless telecommunications facility as a leasehold use to be operated by Voice Stream Tampa/Orlando, Inc., as lessee of property owned by the City of Sarasota within a portion of the Bobby Jones Golf Course (Application Nos. 02-CU-02 and 02-SP-12, Attorney Jamie Ebling, as agent representing VoiceStream Tampa/Orlando, Inc., as Applicant). 2. Approval Re: Assignment of Lease Agreement with Four Winds Associates d/b/a Gulfwind Marine to MarineMax of Sarasota LLC. 3. Approval Re: Revision of the City of Sarasota's Traffic Calming Program. 4. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Agreement between the City of Sarasota and WilsonMiller, Inc., (RFP #01-67M) in the amount of $199,996.16 for the Bayfront Multi-Use Recreational Trail. BOOK 52 Page 23786 09/03/02 6:00 P.M. BOOK 52 Page 23787 09/03/02 6:00 P.M. 5. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Oak Ford Road Easement to allow the fee simple owners of property to the south of Oak Ford to use the City's Oak Ford Road. 6. Approval Re: Award of contract and authorize the Mayor and City Auditor and Clerk to execute the contract for the City-Wide Sewer Rehabilitation Project 2002 (Bid #02-32M). 7. Approval Re: Award of contract and authorize the Mayor and City Auditor and Clerk to execute the contract between the City of Sarasota and PDG Electric Company, (Bid #02-52M) in the amount of $39,017.00 to provide lighting for sculptures along Bayfront Park. 8. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the proposed one acre Conservation Easement Deed within Arlington Park. 9. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Partial Release of Easement for Lincoln Park Subdivision. 10. Approval Re: City Grant Funding: Monthly activities report from The Downtown Association of Sarasota. 11. Approval Re: City Grant Funding: Monthly activities report from Sarasota Court Watch, Inc. 12. Approval Re: City Grant Funding: Monthly activities report from the Greater Downtown Sarasota Action Team (GDSAT). 13. Approval Re: Recommend motion to approve the emergency procurement procedure for The Mercer Group, Inc., for the recruitment for the position of Director of Human Resources. 14. Approval Re: Set for public hearing, Proposed Ordinance 02-4386, amending Chapter 24, Personnel, Article II, Pension, Division 2, Fire, of the Code of Sarasota; providing for compliance with Chapter 175 of the Florida statutes by clarification of elected trustee eligibility and member rights to vote; providing for the deletion of a remarriage benefit termination for vested members and beneficiaries; providing for compliance with Chapter 175 of the Florida statutes and the Uniformed Services Employment and Reemployment Rights act concerning credited serviced for military service; providing for severability of the parts hereof if declared invalid; etc. 15. Approval Re: Set for public hearing Proposed Ordinance No. 02-4411, amending Chapter 24, Article II, Division 2, Section 24-43(c) of the Code of Sarasota, pertaining to Available Funds, Definitions and Allocations to amend the date of Allocation and Distribution of Available Funds; providing for the repeal of Ordinances in conflict; providing for the severability of parts hereof if declared invalid or unenforceable; etc. - City Attorney Singer On motion of Commissioner Martin and second of Commissioner Servian, it was moved to approve Consent Agenda No. 1, Items Nos. 1 through 15, inclusive. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yesi Quillin, yes; Servian, yes; Mason, yes,. 11. CONSENT AGENDA NO. 2:ITEM 1 (RESOLUTION NO. 02R-1528) - ADOPTED ; ITEM 2 (RESOLUTION NO. 02R-1531) - ADOPTED ; ITEM 3 (ORDINANCE NO. 02-4389) - ADOPTED; AND ITEM 4 (ORDINANCE NO. 02-4400) = ADOPTED (AGENDA ITEM III-B) CD 7:31 through 7:35 1. Adoption Re: Proposed Resolution No. 02R-1528, appropriating $14,771.00 from the Special Law Enforcement Trust Fund (110-080) to provide funds to reimburse the Sarasota County Fire Department for the training of S.W.A.T. Paramedic Rodney Van Orsdol. 2. Adoption Re: Resolution No. 02R-1531, appropriating $41,000 from the unappropriated fund balance of the penny sales tax fund to provide funding for the Season of Sculpture Lighting Project located at the Bayfront. On June 3, 2002, the Commission authorized the bidding of the project with the expectation that a contract would be awarded in August. 3. Adoption Re: Proposed Ordinance No. 02-4389, to conditionally vacate that certain portion of the 60 foot wide South Palm Avenue right-of-way generally described as bounded on the north by the south right-of-way line of Mound Street (S.R. 45, U.S. 41) and extending up to approximately 873 feet southward and bounded on the south by the waters of Hudson Bayou; etc., (Title Only) BOOK 52 Page 23788 09/03/02 6:00 P.M. BOOK 52 Page 23789 09/03/02 6:00 P.M. Application No. 02-SV-03, Applicant Charles Bailey, Jr. Esquire, as agent representing the Marie Selby Botanical Gardens, Inc.).. 4. Adoption Re: Ordinance No. 02-4400, to rezone a +.25 acre site from the Multiple Family Residential 2 (RMF-2) Zone District to the Office Professional Business (OPB) Zone District to allow a + 2,921 sq. ft. office building generally located on the northeast corner of Pompano Avenue and Fruitville Road, a/k/a 3103 Fruitville Road, as more particularly described herein; approving Site Plan Application No. 02-SP-25, which has been proffered as a condition of this rezoning; etc., (Title Only) (Application Nos. 02-RE-09 and 02-SP-25, Applicant Bruce Franklin, Land Resources Strategies, Inc., as agent representing Stephen LeBlanc, as contract vendee, and Michael J. Garvey and J. Donald Wallace, as Trustees of the Michael J. Garvey Trust, as owner) Commissioner Servian left the Chambers at 7:32 p.m. City Auditor and Clerk Robinson read proposed Resolution Nos. 02R-1528 and 02R-1531 in their entirety and proposed Ordinance Nos. 02-4389 and 02-4400 by title only. Commissioner Servian returned to the Chambers at 7:34 p.m. On motion of Vice Mayor Palmer and second of Commissioner Martin, it was moved to adopt Consent Agenda No. 2, Item Nos. 1 through 4, inclusive. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Palmer, yes; Quillin, yes; Servian, yes; Martin, yes; Mason, yes. Commissioner Quillin asked the status of scheduling the joint meeting with the School Board of Sarasota County. City Manager McNees stated that the School Board has asked that a meeting not be scheduled until after the November 2002 elections. Mayor Mason requested that City Auditor and Clerk Robinson explain the public hearing sign-up process. City Auditor and Clerk Robinson stated that all persons wishing to speak at the public hearings are requested to complete a Request to Speak form; that speakers at the non quasi-judicial public hearings will have five minutes to speak; that speakers will be timed and will be advised when one minute remains; and repeated for the benefit of those present in the Chambers the Pledge of Public Conduct as adopted by the Commission as follows: We may disagree, but we will be respectful to one another. We will direct all comments to issues. We will avoid personal attacks. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. 12. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED RESOLUTION NO. 02R-1526, ADOPTING A MASTER PLAN TO GUIDE THE CITY IN MEETING THE RECREATION NEEDS OF ITS CITIZENS AND TO SERVE AS A GUIDE FOR FUTURE DEVELOPMENT OF THE CITY'S PARKS AND CONNECTIVITY SYSTEM KNOWN AS : "THE PARKS + CONNECTIVITY MASTER PLAN, JULY 2002"; APPROVING THE SUPPORT DOCUMENT OF THE PARKS + CONNECTIVITY MASTER PLAN; SETTING FORTH FINDINGS; PROVIDING THAT THE PARKS + CONNECTIVITY MASTER PLAN WITH SUPPORT DOCUMENT (JULY 2002) SHALL SERVE AS THE PARKS AND RECREATION RECOVERY ACTION PLAN OF THE CITY OF SARASOTA, IN ACCORDANCE WITH THE URBAN PARK AND RECREATION RECOVERY ACT OF 1978; AUTHORIZING IMPLEMENTATION OF THE PLAN; ETC. (TITLE ONLY) - ADOPTED WITH THE INCORPORATION OF THE RECOMMENDATIONS OF THE PLANNING BOARD/LOCAL PLANNING AGENCY (AGENDA ITEM IV-A-1) CD 7:35 through 8:28 Mayor Mason opened the public hearing. John Burg, Chief Planner, Planning Department, came before the Commission, referred to computer-generated slides throughout the presentation, and stated that the development of the Parks + Connectivity Master Plan (Master Plan) has been coordinated by a project team consisting of City Staff, County Staff, the National Parks Service, a representative of the Parks, Recreation and Environmental Protection Advisory Board (PREPAB), and EDAW, Inc. (EDAW), a consulting firm; that the City requested EDAW work within the demographics of the City, respond to the physical environment and be fiscally responsible in developing the Master Plan; that EDAW developed and incorporated the following seven principles of park planning and design by BOOK 52 Page 23790 09/03/02 6:00 P.M. BOOK 52 Page 23791 09/03/02 6:00 P.M. Fredrick Law Olmstead, a noted landscape architect and American's founding father of parks' system design, in the Master Plan: 1. Build community. 2. Respect the local landscape. 3. Enjoy scenery. 4. Integrate built elements into the park plan. 5. Define the city. 6. Increase property values. 7. Elevate the lives of citizens. Mr. Burg stated that parks are considered outdoor living rooms; that the City is familiar with the importance of views from the Gulf of Mexico and the Bayfront around the community; that parks create a major role in defining the City; that the Bayfront is important to the image of the City; that the development of Payne Park will contribute to the image; that a well connected park system enhances property values; that parks elevate the lives of citizens; that the project team developed an eighth principle: 8. To provide park accessibility to all Mr. Burg continued that process of developing the Master Plan included the following timeline: April 2, 2001: Commission approval of Contract with EDAW, Inc. September 24, 2001: Public information focusing on inventory and issues. September 25, 2001: Planning Board/Local Planning Agency (PBLP) and PREPAB joint workshop focusing on inventory and issues. September 28, 2001: Commission workshop focusing on inventory and issues. Mr. Burg stated that the September 28, 2001, Commission workshop resulted in several concerns and directions from the Commission; that EDAW produced a draft Master Plan in February 2002 which was distributed to the public and available on the City's web site; that EDAW presented the draft Master Plan to several organization as follows: February 2002: Draft Parks + Connectivity Plan with support document distributed and Community Forums advertised. February/March 2002: Presentation of draft Plan to: - Manasota Track Club; Coalition of City Neighborhood Associations (CCNA) ; - Sarasota County Master Trail Planning Committee; Citizens with Disabilities Advisory Board; Sarasota County Pedestrian Bicycle Committee; and St. Armand's Residents Association. Mr. Burg stated that three community forums and a presentation to the Development Review Committee occurred in March 2002 including: March 5, 2002: Community Forum at Newtown Community Center. March 6, 2002: Community Forum at Mote Marine Laboratory and Aquarium and presentation to the Development Review Committee. March 7, 2002: Community Forum at Sarasota Mobile Home Park Auditorium. Mr. Burg stated that a 26-page Issues Matrix was developed as a result of community feedback; that the project team and EDAW provided a recommendation for each issue and discussed at the following meetings: March 21, 2002: PREPAB preliminary recommendations in Issues Matrix. March 25, 2002: PBLP and PREPAB joint meeting to complete recommendations in Issues Matrix. April 4, 2002: City Commission Workshop to formulate direction using the Issues Matrix. Mr. Burg continued that at its May 6, 2002, Regular meeting, the Commission approved the Issues Matrix and provided direction to EDAW for preparation of the final Parks + Connectivity Master Plan; that EDAW has prepared the final Parks + Connectivity Master Plan; that EDAW indicated the following are national trends regarding parks: BOOK 52 Page 23792 09/03/02 6:00 P.M. BOOK 52 Page 23793 09/03/02 6:00 P.M. - Greenways and paths in the connectivity systems; Soccer fields; - Skate parks and roller hockey; Family aquatic centers including lap pools, zero entry pools and spraygrounds; Multi-generation recreational center. Mr. Burg stated that a multi-generation recreational center is a center which responds to the entire diversity of people in the community including teenagers; that the center would not include structured activities for teenagers but rather a place for teenagers to gather; that additional trends are: Partnerships with non-private organizations, the public sector and other government agencies such as Sarasota County; and Flexibility of a Parks + Connectivity Master Plan. Mr. Burg continued that a considerable amount of research and analysis was completed to determine the City's ranking in a variety of national standards for parks and recreational levels of service; that levels of service for parks and recreational facilities in Sarasota were compared with benchmark figures generated from the National Parks and Recreational Association and from a study of the three cities of Myrtle Beach, South Carolina, and Boca Raton, and Pensacola, Florida, which are similar in size and character to the City of Sarasota; that the National Parks and Recreational Association recommends approximately 10 acres of parks per 1,000 population; that City has 14.23 acres of parks per 1,000 population. Commissioner Martin asked if the Bobby Jones Golf Course is included in the 14.23-acre figure? Mr. Burg stated yes; that the Commission had previously requested a calculation with and without the inclusion of Bobby Jones Golf Course and the City ranked extremely well in both calculations. Commissioner Martin asked if the Ed Smith Sports Complex and the park part of the Van Wezel Performing Arts Hall (VWPAH) was included in the 14.23-acre figure? Mr. Burg stated yes. Mayor Mason left the Chambers at 7:42 p.m. Commissioner Quillin stated that some of the other comparable Cities do not have a municipal golf course; and asked if a calculation of determining a neutral number was found? Mr. Burg stated yes; that the supporting documentation included in the Agenda backup material indicates a comparison without the golf course. Commissioner Quillin stated that the presentation verses the realities of the ranking of Sarasota in relation to other cities with and without the Ed Smith Sports Complex and the VWPAH should be made Clear for the public. Mr. Burg stated that the information will be provided prior to the conclusion of the presentation and continued that City parks are in generally good condition with adequate facilities considering the population; however, connections are lacking; that the City should continue to preserve and enhance the environment; that the following recommendations were determined as a result of the research and analysis: - Creation of a new park to the east of Tuttle Avenue. Mr. Burg stated that the new park should be a minimum of 30 acres in size, include basketball courts, soccer fields, a playground, and a family aquatic center. New Facilities. Mr. Burg referred to a map of the City's existing baseball and soccer fields and stated that two new soccer fields were recommended to be located in the new park east of Tuttle Avenue; that the fields could be utilized for multi-purpose activities when not being utilized for soccer; that the map illustrates the number of 5 to 17 year Olds throughout the City who utilize the parks. Commissioner Quillin asked if the study includes the availability of fields owned by the school system which can be utilized by the public? Mr. Burg stated that the actual calculation does not consider fields owned by the school system; however, several discussions have occurred regarding the need to coordinate with the school system regarding the use; however, the understanding is a mechanism currently exists for organized groups to utilize school BOOK 52 Page 23794 09/03/02 6:00 P.M. BOOK 52 Page 23795 09/03/02 6:00 P.M. fields. Commissioner Quillin stated that the recommendation to develop two soccer fields is a concern as school fields can be utilized; that the possibility of interlocal agreements with the schools to utilize the fields should considered. Vice Mayor Palmer stated that the proposed Master Plan is for 20 years; that future interlocal agreements regarding growth management with the school system is anticipated; that the Secretary of the Department of Community Affairs recently stressed the importance of partnering with school systems and jointly utilizing City, County, and school facilities. Commissioner Quillin stated that the recommendation concerns creating a new park east of town; that the recommendation may not be good currently or in 20 years if the research did not consider utilizing the available school facilities; that some of the recommendations are concerning. Mayor Mason returned to the Chambers at 7:50 p.m. Commissioner Servian stated that the understanding is the Master Plan is a flexible document; that interlocal agreements could be developed for neighborhoods and organized groups to utilize school fields and eliminate the need for future fields. Mr. Burg stated that is correct; and continued that four new basketball courts were recommended; that three basketball courts should be located in the proposed new park east of Tuttle Avenue and one new basketball court added to the existing court in Gillespie Park; that a new sprayground in the Newtown area and a family aquatic center at the proposed new park east of Tuttle Avenue was also recommended. Mayor Mason asked the definition of a sprayground. Mr. Burg stated that a sprayground is similar to the Children's Fountain at Bayiront Park; that renovation or rebuilding the Newtown Community Center is the final recommendation for new facilities. A connectivity plan. Mr. Burg referred to the Master Plan map displayed on the Chamber monitors and stated that connectivity is critical to the City's park system; that the map includes the location of all the schools, parks, and recreation cènters in the City; that the map depicts a 20-year broad framework for connectivity; that the components of connectivity are: Blueways which include kayak trails and water taxi routes; - Greenways which include rails to trails and bicycle/Pedestrian pathways; Multi-use recreational trail (MURT); - Parkways which include places for pedestrians, bicyclists and cars; Landscaping highways which will require crossing; and; - Sleeves to provide a comfortable way to cross a highway. Mr. Burg stated that the Blueways consist of kayak trails which could stop at a variety of locations around the Bayfront and the Gulf of Mexico; that neighborhood coordination is necessary to provide launches for the kayaks; that a water taxi is an alternative form of transportation; that discussions have occurred with Mote Marine Laboratory and Aquarium, Marie Selby Botanical Gardens, John and Mable Ringling Museum of Art, and the University of South Florida (USF) regarding future participation in a water taxi system; that Staff has begun the process of amending the Sarasota City Code (1986 as amended) (City Code) to provide a regulatory framework for the water taxi system; that the rails to trails and the MURT are separated from roadways; that bicyclists, pedestrians and joggers share a path; that a depiction of the MURT extends along the northern Bayfront, under the new John Ringling Causeway Bridge, around the central Bayfront, to Palm Avenue and eventually south on Orange Avenue; that the parkways are basically traditional streets which include sidewalks on both sides of the roadway; that the map is a concept which will be refined over the 20 years of the project; that the Downtown section includes the MURT along the Bayfront with the addition of parkways on Orange and Cocoanut Avenues; that the parkways including sleeves recommended in the City of Sarasota Downtown Master Plan 2020 (Downtown Master Plan 2020) have been added to the Master Plan. Mr. Burg continued that the kayak route extends from Whitaker Bayou to University Parkwayi that the connections are logical and connect the parks and neighborhoods; that finding connections in the eastern part of the City is problematic; BOOK 52 Page 23796 09/03/02 6:00 P.M. BOOK 52 Page 23797 09/03/02 6:00 P.M. however, 12th Street is a good east/west connection; that Eighth Street is currently under construction for a parkway and part of a MURT extending from the Park East Neighborhood to Tuttle Elementary School; that a system of transportation throughout the City will be developed over a long period of time; that stopping the MURT at Grove Street for the south part of the City was previously discussed; that extending the MURT through the open ditch north of Grove Street to Datura Street and eliminating the East Avenue connection is the resulting recommendation; that a member of the PBLP recommended utilizing Hyde Park Street as a connection rather than Hillview Street; that the original recommendation from EDAW was to utilize Hillview Street due to lower vehicle traffic and the dead end into Arlington Park; that both Hyde Park Street and Hillview Street have low vehicle traffic; that both streets would be suitable connectors for the Master Plan; that little has changed regarding the connectivity system for the barrier islands. Commissioner Servian asked if the kayak station has been eliminated on St. Armand's Key? Mr. Burg stated yesi and continued that the consultant determined the City's management system for parks is lacking specificity; that expectations for the City and/or the County are not clear in terms of management, that the supporting documents included in the Agenda backup material provide a sample interlocal agreement which describes five levels of service and eleven regulations regarding expected maintenance from both the City and the County; that conceptual plans for different parks were developed; that the most utilized park in the City is Fredd Atkins Park which suffers from overusei that the grass is worn; that Fredd Atkins Park is not inviting to everyone in the community and should be updated with a harder surface and several amenities; that the conceptual plan for the North Water Tower Park includes an 18-hole disc golf course with major access on the north side of the park; that time-sharing of the North Water Tower Park is recommended to allow additional community activities and use. Mr. Burg further stated that the Master Plan includes three proposed plans for Payne Park; that one proposed plan is by a local landscape architect, David Johnston; that another proposed plan is by the Duany Plater-Zyberk & Company (DPZ); that a third proposed plan is by EDAW; that the three proposed plans will be provided to the designer of the Payne Park Master Plan; that an implementation matrix of the Plan is divided into five-year sections and should be considered in the City's budget on an annual basis. Commissioner Quillin referred to the implementation matrix and stated that the potential funding for development of Payne Park is indicated as from the Community Redevelopment Agency (CRA); that Payne Park is not part of the Tax Increment Financing (TIF) District; that TIF funds cannot be utilized outside of the Community Redevelopment Area. Mr. Burg stated that indicating the CRA as the potential funding source for Payne Park is an error and will be corrected. Vice Mayor Palmer stated that the City's contribution to the grant the Indian Beach Sapphire Shores Association (IBSSA) is attempting to receive should be moved to the 0 to 5 year implementation rather than the 5 to 10 year implementation on the implementation matrix. Mr. Burg stated that at its August 7, 2002, meeting, the PBLP recommended approval of the Master Plan with the stipulation the Master Plan be consistent with the Southeast Neighborhood Plan developed by neighborhood residents; that at its August 15, 2002, meeting, the PREPAB recommended the Commission adopt the Parks + Connectivity Master Plan dated July 2002 by resolution; that the Administration recommends adoption of Resolution No. 02R-1526 incorporating the recommendations from the PBLP with the corrections regarding the CRA funding and changes to the implementation matrix. City Manager McNees referred to the implementation matrix and stated that all the large funding items will be in the 0 to 5 year section if the IBSSA project is moved to the 0 to 5 year section; that the implementation matrix is essentially front-end loaded, although the plan is for 20 years. Mr. Burg stated that that the implementation matrix is just a section of a much larger document; that many projects exist further into the 20-year Plan. City Manager McNees stated that some large funding items are in the first 0 to 5 years. Vice Mayor Palmer stated that $100,000 has been allocated in the budget for assistance with the acquisition of the Indian Beach Sapphire Shores property; that the City has already made a commitment to the funding; that a suggestion is to leave the IBSSA BOOK 52 Page 23798 09/03/02 6:00 P.M. BOOK 52 Page 23799 09/03/02 6:00 P.M. project in both the 0 to 5 and 0 to 10 years sections. City Manager McNees stated that indicating the heavily front-end loaded implementation matrix is only for purposes of future discussions as opposed to the commitments the City has already made. The following people came before the Commission: Charles Bailey, Jr., Esquire, law firm of Williams, Parker, Harrison, Dietz & Getzen, representing The Selby Botanical Gardens, Inc. (Selby Gardens), 200 South Orange Avenue (34239) and Robert Scully, Chairman of the Selby Gardens' Board of Trustees, 6590 Wild Orchid Lane (34241). Attorney Bailey stated that the presentation evidences a tremendous amount of effort by citizens and City Staff and should be commended; that the connectivity portion of the Master Plan is a concern; that a discussion occurred at the August 12, 2002, Regular Commission meeting regarding the impact of the MURT on Selby Gardens; that a verbal agreement was reached with the City regarding continued discussions of the MURT; that Selby Gardens will work with the City to seek a resolution to the MURT issue which is mutually beneficial as the parties move through the Selby Gardens Master Plan and Site Plan process; that City Staff thoroughly explained the exact details of a MURT prior to the August 12, 2002, Regular Commission meeting; that the City Attorney indicated the MURT does not have any legal ethicality; however, the MURT will be a topic of discussion in the near future; that the hope is the action taken regarding the Master Plan will not result in a foregoing conclusion regarding the MURT discussion with Selby Gardens; that graphics displayed as part of the Master Plan indicated the placement of the MURT along the southside of Mound Street from the Bayfront to Orange Avenue; that the MURT becomes a parkway on Orange Avenue which is less intrusive; that the hope is approval of the Master Plan will not resolve the MURT issue before Selby Gardens has had an opportunity for discussions. Mr. Scully stated that Selby Gardens is prepared to cooperate with the City regarding the MURT. Fay Rice, Member of the Southeast Sarasota Neighborhood Association, 2266 Hawthorne Street (34239), and Mary Cooper, Southeast Sarasota Neighborhood Association, 1429 School Ave (34239). Ms. Rice started that a meeting was attended with other members from the Southeast Sarasota, Alta Vista, Ringling Park and Paver Park Neighborhoods; that several of the members reside along Shade Avenue from Webber Street to Ringling Boulevard; that discussion included views of a neighborhood through a windshield; that the greatest asset to the neighborhood is Shade Avenue; that many people travel Shade Avenue; that the request is for the Commission to address the needs of Shade Avenue first in the Master Plan such as the replacement of speed humps with brick speed tables and installing antique lamp posts; that the Commission is commended with moving forward with the Master Plan which will increase the value of the neighborhoods. Carl Abbott, 2846 Riverside Drive (34234), stated that the Commission should be congratulated for implementing the process of the Master Plan; that the result of the Master Plan will be wonderful; that some great parks exist in the City; that several people are unaware of the location of many City Parks; that the North Water Tower Park has a tiny gated egress which is sometimes closed; that the North Water Tower Park is a wonderful Park; that park connections are a major element of the Master Plan which adds to the safety and awareness of the parks; that the hope is native trees will be installed in the parks; that native trees are a major asset to the area; that the Blueways are wonderful for the community; that Boston, Massachusetts, currently provides transportation from downtown to the airport by boat; that people travel by boat in Vancouver, Canada; that the Commission and the City are commended for their efforts. Stan Zimmerman, 2469 Novus Street (34237), stated that the Commission, City Staff, and EDAW are commended for developing the Master Plan which is personally considered as a visionary plan for the City; that the Sarasota Sailing Squadron (SSS) is an ample host for kayaks and canoes and would welcome a water taxi; that approximately five water taxi companies currently exist in Annapolis, Maryland, and are busy all the time; that one water taxi existed in Sarasota and is no longer operating; that the implementation of a water taxi system will be challenging; that his current residence is a half of a block off Shade Avenue; that Shade Avenue has been the prototype and the pioneer for many of the City's attempts to make neighborhoods more people friendly; that the tree program and the speed control program are two examples of the City's efforts; that the request is for Shade Avenue to once again become the pioneer in the effort to improve the City through the Master Plan; that BOOK 52 Page 23800 09/03/02 6:00 P.M. BOOK 52 Page 23801 09/03/02 6:00 P.M. Shade Avenue is not included in the greenways program; that the City is in need of a north/south connector; that Payne Park will be a significant asset to the City similar to the asset Central Park is to New York City, New York; that Payne Park will be a major asset to the habitability of the City; that a connector to Payne Park is necessary; that the Master Plan should provide some type of connectivity to the future signature park of the City; that Shade Avenue should be utilized to pioneer the mechanisms and the techniques to make the greenways possible; and congratulated the Commission, City Staff, EDAW, and the public for furthering the progress of the City. Mr. Burg stated that in response to a previous question, the per acre per population information without the inclusion of the Ed Smith Sports Complex and the park part of the VWPAH is as follows: - Sarasota: 8.3 acres per 1,000 population; - Myrtle Beach: 14.3 acres per 1,000 population; - Pensacola: 8.4 acres per 1,000 population; and Boca Raton: 7.3 acres per 1,000 population. Mr. Burg continued that Shade Avenue is included in the Master Plan as an important parkway and MURT from 12th Street to the southern City limits; that Shade Avenue is an excellent candidate for a parkway and a major pedestrian bicycle way in the Plan; that the priority of Shade Avenue is a decision for the Commission. There was no one else signed up to speak and Mayor Mason closed the public hearing City Auditor and Clerk Robinson read proposed Resolution No. 02R-1526 by title only. On motion of Vice Mayor Palmer and second of Commissioner Quillin, it was moved to approve proposed Resolution No. 02R-1526 adopting the Parks + Connectivity Master Plan incorporating the recommendations by the Planning Board/Local Planning Agency. Vice Mayor Palmer stated that the misidentification of a funding source is a concern and an alternative should be substituted; that the change regarding the IBSSA project to both the 0 to 5 and 5 to 10-year time frame should be included. Commissioner Quillin stated that a 0 to 5-year time frame can be reevaluated in one year; that new recommendations will be presented; that the coming to fruition of the Master Plan is exciting; that the Master Plan has been discussed for a long time; that the Master Plan is pleasing. Commissioner Martin stated that he is proud to have been the Chair of the PREPAB during the initiation of the Master Plan; that the PREPAB should be commended for past work; that addressing the City's blueways and managing the ecology is exciting; that the Master Plan is more of a strategic plan verses an implementation plan in great detail; that the hard work is still to come; that finding funding will not be easyi however, the Master Plan is wonderful. Commissioner Servian stated that the City should be proud of its parks; that the connectivity idea for the Master Plan is remarkable; that the 20-year result and the blueways will be exciting; that having lived in Philadelphia, Pennsylvania, and traveled to Annapolis and Baltimore, Maryland, and to Boston, Massachusetts, bluesways are a way of life; that supporting the Master Plan is pleasing. Vice Mayor Palmer concurred; that the entire community is commended for their participation in the progress of the Master Plan. Mayor Mason concurred to all comments. Mayor Mason called for a vote on the motion to adopt proposed Resolution No. 02R-1526 adopting the Parks + Connectivity Plan incorporating recommendations by the Planning Board/Local Planning Agency. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Quillin, yesi Servian, yesi Martin, yes; Mason, yes; Palmer, yes. 13. NON QUASI-JUDICIAL PUBLIC HEARING RE : PROPOSED ORDINANCE NO. 02-4376, AMENDING THE SARASOTA CITY CODE, CHAPTER 32, TAXATION, ARTICLE II, PUBLIC SERVICE TAX, SECTION 32-17 SCHEDULES OF EXCISE TAXES, SCHEDULE A BY ADDING THERETO AN EXEMPTION FOR QUALIFIED BUSINESSES WITHIN THE SARASOTA COUNTY/CITY OF SARASOTA ENTERPRISE ZONE DEVELOPMENT AGENCY EQUAL TO FIFTY PERCENT OF THE MUNICIPAL EXCISE TAX IMPOSED ON PURCHASERS OF ELECTRICAL ENERGY OR, IF NO LESS THAN BOOK 52 Page 23802 09/03/02 6:00 P.M. BOOK 52 Page 23803 09/03/02 6:00 P.M. TWENTY PERCENT OF THE EMPLOYEES OF THE QUALIFIED BUSINESS ARE RESIDENTS OF AN ENTERPRISE ZONE, EXCLUDING TEMPORARY AND PART-TIME EMPLOYEES, THE EXEMPTION SHALL BE EQUAL TO ONE HUNDRED PERÇENT OF THE MUNICIPAL EXCISE TAX IMPOSED ON PURCHASERS OF ELECTRICAL ENERGY; ETC. (TITLE ONLY) = PASSED ON FIRST READING (AGENDA ITEM IV-A-2) CD 8:28 through 8:32 Mayor Mason opened the public hearing. Karen Hartman, Director of Downtown Redevelopment, came before the Commission, referred to computer-generated slides throughout the presentation and stated that the Commission can enact an Ordinance sO qualified businesses in the Enterprise Zone can take a 50 percent reduction of the municipal utility tax for the Sales Tax Exemption of Electrical Energy; and referred to the criteria for a "qualified Business" in Section 212.08 (15) (f), Florida Statutes, as follows: A business which occupies a new structure to which electrical service, other than that used for construction purposes, has not been previously provided or furnished; A business that has newly occupied an existing, remodeled, renovated, or rehabilitative structure of which electrical services, other than that used for remodeling, renovation, or rehabilitation of the structure, has not been provided or furnished in the three preceding billing periods; or A business that is occupying a new, remodeled, rebuilt, renovated or rehabilitated structure for which a refund has been granted pursuant to Section 212.08(5) (g), Florida Statutes (2001). Vice Mayor Palmer left the Chambers at 8:28 p.m. Ms. Hartman continued that existing businesses which have electric energy provided are not eligible for the credit; that the credit is for new construction in the Enterprise Zone to stimulate renovations and the development of new commercial venders; that if one out of ten employees reside in the Enterprise Zone, the business is eligible for a 50 percent credit; that if two out of ten employees reside in the Enterprise Zone, the business is eligible for a 100 percent credit; that the Administration recommends passing proposed Ordinance No. 02-4376 on first reading. Vice Mayor Palmer returned to the Chambers at 8:30 p.m. There was no one signed up to speak and Mayor Mason closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 02-4376 by title only. On motion of Commissioner Martin and second of Commissioner Quillin, it was moved to pass proposed Ordinance No. 02- 4376 on first reading. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Servian, yes, Martin, yes; Mason, yes; Palmer, yes; Quillin, yes. 14. NON QUASI-JUDICIAL PUBLIC HEARING RE : PROPOSED ORDINANCE NO. 02-4378, AMENDING CHAPTER 11, BUILDINGS AND BUILDING REGULATIONS, ARTICLE II, PERTAINING TO THE ADOPTION OF STANDARD BUILDING CONSTRUCTION CODES; REPEALING THE ADOPTION OF THE STANDARD BUILDING CODE, 1997 EDITION, THE STANDARD MECHANICAL CODE, 1997 EDITION, THE STANDARD GAS CODE, 1997 EDITION, THE STANDARD PLUMBING CODE, 1994 EDITION, AND THE NATIONAL ELECTRICAL CODE, 1990 EDITION, BY REFERENCE AND THE CITY OF SARASOTA AMENDMENTS TO SUCH CODES : ADOPTING BY REFERENCE CITY OF SARASOTA ADMINIS STRATIVE AMENDMENTS TO THE FLORIDA BUILDING CODE; ADOPTING THE STANDARD HOUSING CODE, 1997 EDITION AND THE CITY OF SARASOTA AMENDMENTS TO SUCH CODE; AMENDING ARTICLE II BOARD OF RULES AND APPEALS, / SECTION 11-3 sO AS TO ADD ADDITIONAL MEMBERS AND TO MODIFY MEMBERSHIP QUALIFICATIONS) : AMENDING SECTIONS 11-9, 11-10 AND 11-11, PERTAINING TO JURISDICTION, APPEALS AND VIOLATIONS; AMENDING SECTION 11- 12 TO REPEAL THE AUTHORITY OF THE BOARD OF RULES AND APPEALS TO CERTIFY CONTRACTORS ; AMENDING SECTION 11-13 sO AS TO BE IN CONFORMITY WITH FLORIDA LAW; AMENDING CHAPTER 14, FIRE AND PREVENTION AND PROTECTION, ARTICLE I, PERTAINING TO FIRE SAFETY CODES; REPEALING THE ADOPTION OF THE STANDARD FIRE PREVENTION CODE, 1994 EDITION, AND THE NATIONAL FIRE PROTECTION ASSOCIATION (NFPA) 101 LIFE SAFETY CODE, 1991 EDITION, BY REFERENCE AND THE CITY OF SARASOTA AMENDMENTS TO SUCH CODES; AMENDING ARTICLE I, TO PROVIDE BOOK 52 Page 23804 09/03/02 6:00 P.M. BOOK 52 Page 23805 09/03/02 6:00 P.M. FOR APPOINTMENT OF A FIRE OFFICIAL AND FOR APPEAL OF DECISIONS OF THE FIRE OFFICIAL TO THE BOARD OF RULES AND APPEALS; ; REPEALING ARTICLE II PERTAINING TO THE ESTABLISHMENT AND POWERS AND DUTIES OF THE FIRE BOARD ; REPEALING ARTICLE V. PERTAINING TO THE FIRE PROTECTION, /1 PUBLIC SAFETY ADVISORY COMMITTEE ; REPEALING ARTICLE VI. PERTAINING TO EMERGENCY RESCUE AND TRANSFER FEES; PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT; : PROVIDING FOR THE SEVERABILITY OF PARTS HEREOF IF DECLARED INVALID OR UNENFORCEABLE ; PROVIDING FOR A PENALTY FOR VIOLATIONS; ETC. (TITLE ONLY) - PASSED ON FIRST READING (AGENDA ITEM IV-A-3) CD 8:32 through 8:35 Mayor Mason opened the public hearing. Timothy Litchet, Director of Building, Zoning and Code Enforcement, and David Waugh, Deputy Director of Building, Zoning and Code Enforcement, and Mark Singer, City Attorney's Office, came before the Commission. Mr. Waugh stated that the new Florida Building Code became effective on March 1, 2002; that the State Statutes authorize local governments to adopt amendments to the administrative provisions of the Florida Building Code; that proposed Ordinance No. 02-4378 pertains to the local amendments, the wind-borne debris map, and the correction of scrivener's errors from the previously adopted fee schedule; that the amendments have been reviewed by the Board of Rules and Appeals; that the Administration recommends passing proposed Ordinance No. 02-4378 on first reading. There was no one signed up to speak and Mayor Mason closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 02-4378 by title only. On motion of Commissioner Martin and second of Commissioner Quillin, it was moved to pass proposed Ordinance No. 02-4378 on first reading. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Martin, yes; Mason, yes; Palmer, yes; Quillin, yes; Servian, yes. 15. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 02-4402, TO UPDATE AND MODIFY PROJECTS RELATED TO LEVEL OF SERVICE STANDARDS IN THE CAPITAL IMPROVEMENTS PLAN OF THE CITY'S COMPREHENSIVE PLAN, ALSO CALLED THE SARASOTA CITY PLAN, 1998 EDITION (CITY'S COMPREHENSIVE PLAN) i STATING FINDINGS OF FACT; ADOPTING BY REFERENCE AN UPDATED SCHEDULE OF LEVEL OF SERVICE PROJECTS BY REFERENCE INTO THE CAPITAL IMPROVEMENTS PLAN OF THE SARASOTA CITY PLAN (1998); ETC. (TITLE ONLY) = PASSED ON FIRST READING (AGENDA ITEM IV-A-4) CD 8:35 through 8:41 Mayor Mason opened the public hearing. David Smith, AICP, Senior Planner II, Planning Department, came before the Commission and stated that proposed Ordinance No. 02-4402 updates the Capital Improvements Chapter of the City's Comprehensive Plan City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan); ; that Attachment 1 of proposed Ordinance No. 02-5502 included in the Agenda backup material contains an updated Illustration CI- 7, Schedule of Level of Service Projects Excerpted from the Capital Improvements Program (Illustration CI-7); that Illustration CI-7 identifies projects from the Capital Improvements Program (CIP) which are related to level of service; that the level of service relationship requires the Illustration CI-7 be adopted as part of the City's Comprehensive Plan; that Section 163.3177(3) (b), Florida Statutes, allows local governments to update the Capital Improvements Chapter on an annual basis; that the Finance Department prepared Illustration CI-7; that the excerpted projects reflect projects included in the proposed 2002-2012 CIP; that the City's Comprehensive Plan was updated in 2000 and 2001 in a similar fashion; that the Administration recommends passing proposed Ordinance No. 02-4402 on first reading. Commissioner Quillin referred to the Bicycle Route Improvements section of Illustration CI-7 and asked if the Parks + Connectivity Master Plan could be added to the description. Mr. Smith stated yes, as long as the Parks + Connectivity Plan is related to level of service. Commissioner Quillin stated that the understanding is the study of the Parks + Connectivity Master Plan evaluated all the City plans BOOK 52 Page 23806 09/03/02 6:00 P.M. BOOK 52 Page 23807 09/03/02 6:00 P.M. which should be linked together. Mr. Smith stated that the Finance Department will be contacted regarding the change. Vice Mayor Palmer stated that the Newtown Redevelopment Plan has not been finalized regarding level of service; and asked if the level of service for the Newtown Redevelopment Plan should be included? Mr. Smith stated that the Newtown Redevelopment Plan will require an amendment to the City's Comprehensive Plan. There was no one signed up to speak and Mayor Mason closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 02-4402 by title only. On motion of Commissioner Martin and second of Commissioner Quillin, it was moved to pass proposed Ordinance No. 02-4402 on first reading. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Mason, yesi Palmer, yes; Quillin, yes; Servian, yesi Martin, yes. Mayor Mason requested that City Attorney Taylor explain the quasi-judicial public hearing process. City Attorney Taylor stated that the first quasi-judicial public hearing is a rezoning continued from the August 12, 2002, Regular Commission meeting; that the second quasi-judicial public hearing is a rezoning; that the last two quasi-judicial public hearings are historic designations; that the requirements of quasi-judicial public hearings were defined by the judicial process; that during quasi-judicial public hearings, the Commission will be required to base any decision on competent, substantial evidence; that prior to opening the public hearing, Commissioners will be requested to disclose any ex parte communications concerning the subject property; that one individual, Ernest Babb, has filed for certitication as an Affected Person for the second quasi-judicial public hearing regarding proposed Ordinance No. 02-4390; that Affected Persons are individuals especially interested in the proceedings due to proximity to or other special interest in the subject property; that speakers may request additional time which, if granted, will be determined at the discretion of the Commission; that Applicants, the City, and Affected Persons will be afforded the opportunity to present evidence and expert witnesses and for cross-examination; that Commission approval of time limits will be requested. 16. QUASI-JUDICIAL CONTINUED PUBLIC HEARING RE: : PROPOSED ORDINANCE NO. 02-4399, TO REZONE A 1 .15 ACRE SITE LOCATED WEST OF SOUTH LINKS AVENUE, A/K/A 238 SOUTH LINKS AVENUE i FROM THE MULTIPLE FAMILY RESIDENTIAL 4 (RMF-4) ZONE DISTRICT TO THE COMMERCIAL CENTRAL BUSINESS DISTRICT (C- CBD) ZONE DISTRICT, AS MORE PARTICULARLY SET FORTH HEREIN; : PROVIDING FOR CONDITIONS OF THIS REZONING; ETC. (TITLE ONLY) (APPLICATION NO. 02-RE-10, APPLICANT TODD SWEET, AS OWNER) PASSED ON FIRST READING WITH ADDITIONAL PROFFERS BY THE APPLICANT (AGENDA ITEM IV-B-1) CD 8:41 through 9:16 City Attorney Taylor stated that at its August 12, 2002, Regular meeting, the Commission continued the public hearing of proposed Ordinance No. 02-4399 at the request of the Applicant to enable the Applicant to meet with members of the Laurel Park Neighborhood Association (LPNA); ; that Rezoning Application No. 02-RE-10 as incorporated in proposed Ordinance No. 02-4399 is to rezone property located west of South Links Avenue with a street address of 238 South Links Avenue from the Residential Multiple Family 4 (RMF-4) to the Commercial Central Business District (CCBD) Zone District; that the Applicant is Todd Sweet, representing himself; that time limits were previously established; that the Commission should proceed as a public hearing in process. Mayor Mason requested that the Applicant come forward. Mr. Todd came before the Commission, and stated that he is an architect and owner of the subject property located at 238 South Links Avenue; that a neighborhood meeting was held on August 29, 2002, and attended by City Staff; that meeting minutes were drafted; that the LPNA unanimously supported the rezoning after several comments and questions; that preservation of the existing structure on the site was a concern of LPNA; that the hope is to preserve the structure; however, the future of the property is mixed-use; that limiting the building size on the property is an effort to preserve the existing structure; that the City of Sarasota Downtown Master Plan 2020 (Downtown Master BOOK 52 Page 23808 09/03/02 6:00 P.M. BOOK 52 Page 23809 09/03/02 6:00 P.M. Plan 2020) refers to mixed-use as two to four stories high; that limiting the building size on the property to 2,500 square feet creates an incentive for mixed-use for the existing structure rather than building a new structure; that the possibility of relocating the existing structure was discussed; that the existing structure is structurally sound and could possibly be relocated; that support of the CCBD verses Commercial Residential Transition (CRT) Zone District was discussed; that the CRT Zone District is not preferred for the site; that the CRT Zone District requires lot sizes of 20,000 square feet or more; that the site is 6,000 square feet; that a rezoning to the CRT Zone District would require variances for setbacks and minimum lot size; that rezoning to the CCBD Zone District would not require variances; that a proffer limiting the building size to 2,500 square feet and excluding certain uses which generate high volumes of traffic has been made in an effort for the rezoning to be similar to the CRT Zone District; that setting a precedent by supporting the rezoning is also a concern of the LPNA; that the area is considered mixed- use; that the property to the south of the site is in the RMF-4 Zone District; that rezoning could set a precedent for other owners to rezone or could be a hindrance due to the proffered limits. Mr. Sweet continued that he moved to the site seven years ago; that the neighborhood including Towles and Morrill Courts was zoned residential; that the past rezoning of much of the neighborhood was supported; that the rezoning helped to save several of the small cottages in the creation of the successful Towles Court; that the appropriate use for the site is mixed- use. Vice Mayor Palmer stated that the limited uses are a concerni and asked if additional changes or limited uses have been made? Mr. Sweet stated that a neighbor recently expressed a concern for the following uses: Club, private; - Newspaper, magazine or tobacco store; = Office or clinic, medical or dental; and Variety, sundry or candy store. Mr. Sweet stated that he is willing to proffer out all four of the uses from the proposal; however, a neighborhood candy store could be considered consistent with new urbanism principles. Mayor Mason requested that Staff come forward for the City's presentation. Allen Parsons, Senior Planner II, Planning and Development Department, came before the Commission, distributed a copy of the minutes from the August 29, 2002, neighborhood meeting with the LPNA and stated that repeating the information provided at the August 12, 2002, public hearing is not necessary; that the issue regarding the noticing of the LPNA for the August 12, 2002, public hearing was researched; that the LPNA was notified. Mr. Parsons distributed to the Commission a comparison table of the permitted uses between the CCBD and the CRT Zone Districts and continued that the CRT Zone District as a more appropriate Zone District for the site was discussed at the neighborhood meeting; that the range of the permitted uses for the CRT Zone District is very close to the uses allowed in the CCBD Zone District; that the comparison table also includes a listing of the uses proffered out by the Applicant. Mayor Mason requested that other interested persons come forward; and the following interested persons came before the Commission: Peter Delisser, President of the Laurel Park Neighborhood Association, 1562 South Drive (34239), stated that the previous two speakers mentioned minutes from the neighborhood meeting held on August 29, 2002; that the source of the minutes is unknown; that the LPNA has not approved its minutes for the August 29, 2002, meeting; that the information distributed may be notes; however, the official minutes have not been approved; that the proposed rezoning was thoroughly discussed; that the LPNA unanimously passed the following motion: We support Todd Sweet's application for rezoning with the noted proffers and with the understanding that the intent of the rezoning with the proffers essentially mirrors the intent of the CRT Zone District, and furthermore that CRT Zone Districts are appropriate for some areas within the entire Laurel Park Neighborhood. Mr. Delisser continued that the belief is the neighborhood meeting would have only lasted five minutes if the application was to rezone to the CRT Zone District; that several individuals were concerned the rezoning to the CCBD Zone District might set BOOK 52 Page 23810 09/03/02 6:00 P.M. BOOK 52 Page 23811 09/03/02 6:00 P.M. a precedent for the two adjacent properties currently in the RMF-4 Zone District; that the CRT Zone District is the appropriate Lone District for the site regardless of the required variances; however, the LPNA Board desires to save the existing structure on the site; that the application for the CCBD Zone District limited by the noted proffers may provide the best chance to preserve the structure; that conversions to mixed-use have been a successful solution to preserving historic residences; that the hope is the limited uses and the building size will set a precedent for other properties in the area; that supporting the application should not be interpreted as setting a precedent for supporting the CCBD Zone District for the area; that several uses are questionable; that the Club, private use should be Clarified; that LPNA supports the application; that similar situations exist in Laurel Park; that the property owners may be interested in a transitional type of rezoning; that the LPNA acknowledges a transitional type of rezoning may also be appropriate for the area. Diana Hamilton, 229 Osprey Avenue (34236), stated that continuing the public hearing to allow LPNA the opportunity to discuss the rezoning is appreciated; that the LPNA was first noticed to a past president rather than the current president; that the confusion has been corrected in the Office of the City Auditor and Clerk; that notices are now being received through the Post Office Box for the LPNA; that City Staff has provided a large amount of information regarding the rezoning; that the assistance by City Staff is appreciated; that the proposed rezoning makes sense and is supported. Robert Fletcher, Board Member of the Laurel Park Neighborhood Association, 651 Ohio Place (34236), stated that the application as submitted is supported; that no appropriate Zone District exists for the proposed site; that the Applicant had to choose between the CRT and the CCBD Zone Districts; that the CRT Zone District is not appropriate due to the minimum lot size requirement and setbacks; that the Applicant chose a creative route with the CCBD Zone District and extremely restrictive proffers; that the site will be rezoned to the CCBD Zone District on the map but will be a custom made zone district; that the area is intended for commercial use; however, the public purpose accomplished is preservation of the existing structure; that limiting the uses and restricting the building height limits future owners in redeveloping the site; that an economic incentive for a future owner is to adapt the existing historic structure to a commercial use as opposed to rebuilding; that the proposed rezoning is consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan) and has been unanimously approved by the Planning Board/Local Planning Agency (PBLP) and the LPNA as submitted without the additional proffers. Mark Kauffman, 455 Longboat Club Road, Longboat Key (34228), stated that he is the owner of two properties within 25 yards of the site; that the rezoning request is supported; that resistance to rezoning the site with the proffered-out uses and height limitation defies logic; that the existing RMF-4 Zone District is inappropriate for the site; that past Commissioners have wisely created the unique neighborhood of Towels Court and should rectify the unintended result of leaving islands of single-family housing surrounded by offices and commercial uses; that the proposed rezoning is supported. Adam Saah, 244 South Links Avenue (34236), stated that he resides south of the proposed site; that the rezoning is supported; that the restrictions proffered limit potential undesirable developments to the site. Commissioner Martin asked if Mr. Saah is an owner or renter of the property south of the proposed site? Mr. Saah stated that he is the owner of the property; that he has been a resident of the area longer than the Applicant and has watched the neighborhood develop into a wonderful area; that his and the Applicant's property are the only two properties in the entire neighborhood still in the RMF-4 Zone District. Dan McNicol, 1936 Morrill Street (34236), stated that he is an eight-year resident of the Laurel Park Neighborhood and a former Towles Court resident; that the application is supported; that caution by the Commission regarding the rezoning is appreciated; that the City has worked hard to maintain a delicate balance between the commercial and residential areasi that the rezoning is appropriate for north of Morrill Street. City Auditor and Clerk Robinson stated that no other interested persons have signed up to speak. Mayor Mason requested that the Applicant and the City come forward for rebuttal. Mr. Sweet stated that proffering out the use of Club, private, BOOK 52 Page 23812 09/03/02 6:00 P.M. BOOK 52 Page 23813 09/03/02 6:00 P.M. is acceptable. Mr. Parsons stated that the meeting minutes distributed to the Commission are meeting notes provided by the Neighborhood Department and not the official meeting minutes of the LPNA; that the definition of a Club, private can be provided by the Director of Building, Zoning and Code Enforcement; that the area is not a strictly commercial district; that the Central City Future Land Use Classification includes residential implementing Zone Districts of which the existing RMF-4 Zone District is one; that the area is a residential, mixed-use, and commercial area of town; that the CRT Zone District is no longer an implementing Zone District for the Central City Future Land Use Classification; that the CRT Zone District is no longer a choice for an applicant. Vice Mayor Palmer asked if any of the remaining allowable uses should be eliminated; that the Applicant has indicated a willingness to eliminate additional uses. Mr. Parsons stated that the decision is up to the Commission. Commissioner Quillin stated that proftering out the additional uses is supported; that the CCBD Zone District is not desired; that the CRT Zone District was a wonderful way of transitioning from residential to commercial or mixed-used; that the legacy being left for future Commissioners by approving the CCBD Zone District is an intent for large buildings in the area; that rezoning to the CCBD Zone District as an infill is not desired; that a transitioning Zone District similar to the CRT Zone District is necessary if the CRT Zone District is no longer an implementing district for the Central City Future Land Use Classification. Mr. Parsons stated that the CCBD Zone District is the only implementing Zone District similar to the CRT Lone District for the Central City Future Land Use Classification; that the comparison list for CCBD and CRT Zone Districts depicts the similarities of permitted uses between the two Zone Districts; that the distinction is larger sites are required for the CRT Zone District. Commissioner Quillin stated that several smaller sites exist and should be mixed-use. Mr. Parsons stated that the hope is the City's Comprehensive Plan and the future Downtown Code will correct the problem; that the CCDB Zone District is the only other mixed-used implementing Zone District for the Central City Future Land Use Classification. Vice Mayor Palmer stated that rezoning to the CCBD Zone District is temporary; that a Downtown Code will be adopted; that different legislation will be reviewed; that rezoning to the CCBD Zone District in certain areas is not appropriate. Mayor Mason requested Commissioner supplemental remarks, if any, and hearing none, closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 02-4399 by title only. On motion of Commissioner Martin and second of Vice Mayor Palmer, it was moved to pass proposed Ordinance No. 02-4399 on first reading. Vice Mayor Palmer asked if the additional proffered out uses are included in the motion? Commissioner Martin stated no. Vice Mayor Palmer stated that the understanding is the Applicant is willing to proffer out four additional uses; that the Newspaper, magazine, and tobacco store should be a proffered out use; that the Club, private use can either remain or be proffered out depending on the definition. Mayor Mason asked if the intent of the motion included the additional proffered out uses? Commissioner Martin stated no; that the motion did not include the additional proffers; that the belief is the additional proffers were requests from other individuals and not by the LPNA; and asked the definition of Club, private. Mayor Mason stated that the understanding is the Applicant and the speakers in support of the application agreed with the additional proffered out uses. Timothy Litchet, Director of Building, Zoning and Code Enforcement, came before the Commission and cited Division 3, Article II, of the Zoning Code (2002 Ed.) as follows: BOOK 52 Page 23814 09/03/02 6:00 P.M. BOOK 52 Page 23815 09/03/02 6:00 P.M. Club, private: A facility used by a group of people organized for a common purpose to pursue common goals, interest or activities and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings, and a constitution and bylaws. Mayor Mason asked if a private club could have a license to sell beer or alcohol. Mr. Litchet stated that some private clubs currently have a license to sell beer or alcohol. On motion of Commissioner Quillin and second of Commissioner Servian, it was moved to amend the motion to include the Applicant's offer to proffer out the following uses: Club, private; Newspaper, magazine or tobacco store; Office or clinic, medical or dental; and Variety, sundry or candy store. Commissioner Martin stated that the amendment is accepted as a friendly amendment without the requirement of a separate vote. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote pass proposed Ordinance No. 02- 4399 on first reading as amended to include the Applicant's offer to proffer out the following uses: Club, private; - Newspaper, magazine or tobacco store; Office or clinic, medical or dental; and Variety, sundry or candy store. Motion carried unanimously (5 to 0): Palmer, yes; Quillin, yes; Servian, yes; Martin, yes; Mason, yes. 17. QUASI-JUDICIAL PUBLIC HEARING RE : PROPOSED ORDINANCE NO. 02-4390, TO REZONE REAL PROPERTY CONSISTING OF t 2.84 ACRES FROM THE COMMERCIAL PARK (CP) ZONE DISTRICT (F/K/A COMMERCIAL OFFICE PARK (COP) ZONE DISTRICT) AND THE SINGLE FAMILY RESIDENTIAL 2 (RSF-2) ZONE DISTRICT TO THE OFFICE PROFESSIONAL AND BUSINESS (OPB) ZONE DISTRICT TO ALLOW AN OFFICE BUILDING GENERALLY LOCATED AT THE NORTHWEST CORNER OF PROSPECT STREET AND SOUTH TAMIAMI TRAIL (U.S. 41), A/K/A 1250 SOUTH TAMIAMI TRAIL, AS MORE PARTICULARLY DESCRIBED HEREIN; APPROVING SITE PLAN APPLICATION NO. 02-SP-19 WHICH HAS BEEN PROFFERED AS A CONDITION OF THIS REZONING; PROVIDING FOR CONDITIONS OF THIS REZONING; AMENDING REZONE ORDINANCE NOS. 95-3840 AND 97-4009 PREVIOUSLY APPLICABLE TO THE SUBJEÇT PROPERTY TO DELETE REFERENCE TO THE CONDITIONS REGARDING THE UNCONSTRUCTED PHASE II, INCLUSIVE OF THE REQUIREMENTS FOR LANDSCAPE BUFFERS AND A SITE LANDSCAPING PLAN; SAID CONDITIONS BEING NO LONGER APPLICABLE TO THE SUBJECT PROPERTY AND BEING SUPERSEDED BY SITE PLAN APPLICATION NO. 02-SP-19; ETC. (TITLE ONLY) (APPLICATION NOS. 02-RE-08,025P-19 AND 02-ROA-04, APPLICANT JOEL J. FREEDMAN, FREEDMAN CONSULTING GROUP, INC. / AS AGENT REPRESENTING 1224 HOLDINGS, LTD., AS OWNER) - PASSED ON FIRST READING WITH THE INCORPORATION OF THE ADDITIONAL PROFFERS BY SECOND READING (AGENDA ITEM IV-B-2) CD 9:16 through 9:40 City Attorney Taylor stated that the recommended time limits are to allow fifteen minutes for the Applicant's and the City's presentations and ten minutes for rebuttal; that the application for Affected Person status from Ernest Babb has been reviewed; that Mr. Babb qualifies as an owner/resident within 500 feet of the subject property and may be accepted as a party to the proceedings as an Affected Person; however, Mr. Babb is not present nor has he signed up to speak; that other interested persons will have five minutes to speak; that speakers may request additional time which, if granted, will be determined at the discretion of the Commission; that Commission approval of the time limits is requested. Mayor Mason stated that hearing no objections, the time limits are approved; and requested that Commissioner ex parte communications, if any, be disclosed. Mayor Mason, Vice Mayor Palmer, and Commissioners Martin, Quillin, and Servian stated that no ex parte communications have occurred. Mayor Mason opened the public hearing and requested that the Applicant come forward. Joel Freedman, AICP, Freedman Consulting Group, Inc., agent for 1224 Holdings, Ltd, Michael Gilkey, Jr., Project Manager, Michael A. Gilkey, Inc., and Douglas Watters, Architect, BOOK 52 Page 23816 09/03/02 6:00 P.M. BOOK 52 Page 23817 09/03/02 6:00 P.M. Tichenor Group Architects, came before the Commission. Mr. Freedman referred to an aerial site plan displayed on the Chamber monitors and stated that Rezoning Application No. 02-RE- 08 and Site Plan Application No. 02-SP-19 as incorporated in proposed Ordinance No. 02-4390 and related Rezone Ordinance Amendment Application No. 02-ROA-04 is to rezone property located at the northwest corner of Prospect Street and South Tamiami Trail with a street address of 1250 South Tamiami Trail from the Commercial Park (CP) Zone District and Residential Single Family 2 (RSF-2) Zone District to the Office, Professional and Business (OPB) Zone District; that on June 17, 2002, the Future Land Use Map was amended to reclassify the proposed property to the Community Office/Institutional Future Land Use Classification; that the Community Commercial Future Land Use Classification was the previous classification due to the intent of a proposed strip retail center for the property adjacent to the existing Walgreen Drug Store (Walgreen); ; that the property in the RSF-2 Zone District is a small parcel of land approximately 40 feet wide adjacent to the Mandarin Park subdivision; that the intent is to lower the intensity of the property by eliminating the commercial designation to allow for an office use and incorporate the 40-foot residential strip which is unbuildable. Mr. Freedman continued that at its June 3, 2002, meeting, the Planning Board/Local Planning Agency (PBLP) held a public hearing and unanimously approved the rezoning to the OPB Zone District; that a site plan is proffered as a condition of the rezoning depicting a + 44,075 square-foot, three-story office building with 131 parking spaces; that the intent of the rezoning is to minimize the impact to the neighborhood, address some of the new urbanism principles regarding bringing the building forward with parking in the rear, and saving the trees on the site; that the central access to the site is off of US 41 with a second access from Prospect Street; that a previously approved site plan indicated a third access midway in the property which was reduced and relocated for two reasons: 1. Ability to shift the parking to save additional trees; and 2. Opportunity to divert and slow the traffic. Mr. Freedman further stated that the proposal was previously before the Commission; however, the item was pulled from the Agenda as a result of a height problem; that the height limitation based on the adjacent zoning districts was missed during the approval process; that the zoning district of Midtown Plaza across US 41 is technically to the midpoint of US 41; that the intent of the zoning for the Midtown Plaza is to protect the residential neighborhoods from high structures; that at its July 31, 2002, regular meeting, the Board of Adjustment granted Variance Application No. 02-46; that the variance allows portions of the structure depicted on Site Plan Application No. 02-SP-19 to be 45 feet in height; that on June 24, 2002, a second neighborhood meeting was held; that exhaust fumes of cars backing into parking spaces is a concern to the neighbors to the west; that the Applicant has agreed to the following additional proffers: 1. Install parking signs in the rear-parking row which designate the prohibiting of backing into the spacesi 2. Limit the hours of delivery trucks to 7 a.m. to 7 p.m.i 3. Share in the cost of maintaining the Mandarin Park subdivision wall; and 4. Limit parking lot sweepers to operate prior to 10 p.m. Mr. Freedman stated that installing speed tables through the parking lot, motion detectors for the outdoor lighting, and 24-hour on-site security was also suggested at the neighborhood meeting; that speed tables are not necessary considering the design of the parking lot; that the outdoor lights are halide lights which take approximately 15 minutes to warm upi that motion detectors will not be feasible with the lights; that the halide lights will not impact the neighborhood to the west; that on-site security is not necessary. Mr. Gilkey referred to the aerial site plan displayed on the Chamber monitors and stated that the trees on the site have been categorized by species, size, and health; that the resulting information was overlaid onto the original site plan to determine which trees will be saved and which trees will be lost; that two of the three nicest oak tree groupings will be saved; that a meeting was held with City Staff to determine if the site plan could be modified to save the third grouping of trees; that 19 different oak species will be saved including the third oak tree grouping; that the saved trees will screen the proposed development from Mandarin Park; that the height of the older trees are equal to the height of the proposed development. Mr. Gilkey continued that the landscape plan depicts a park-like atmosphere with an oak canopyi that the existing Mandarin Park buffer includes Silver Buttonwoods and Shady Lady Black Olives; BOOK 52 Page 23818 09/03/02 6:00 P.M. BOOK 52 Page 23819 09/03/02 6:00 P.M. that the landscape plan mimics the buffer on the proposed development side of the property; that the parking lot lighting includes 12-foot fixtures which cause a shrouding effect to limit the intrusion into Mandarin Park. Mr. Watters referred to architectural renderings of the proposed structure displayed on the Chamber monitors and stated that the design of the building compliments the landscape plan; that the proposed structure is a curved three and four-story curtain wall design; that the structure will include green-reflective glass with a green marble base and cornersi that a reflective pond will be installed in the front of the building for artistic purposes only, not a drainage pond; that the west elevation which is the public entrance does not have a curved design; that the west elevation includes vertical and horizontal planes; that a proposed 50-foot wide atrium will be constructed inside the middle of the building. Mr. Freedman stated that the assistance from City Staff has been appreciated; that all the OPB Zone District requirements have been met; that the impact to the neighborhood is minimized; that the proposed development will be an outstanding addition to the area. Vice Mayor Palmer asked if the additional proffers have been included in the site plan or the proposed Ordinance? Sarah Schenk, Attorney, City Attorney's Office, came before the Commission and stated that the additional proffers will be added to the proposed Ordinance prior to second reading. Mayor Mason requested that Staff come forward for the City's presentation. Harvey Hoglund, AICP, Senior Planner II, Planning Department, came before the Commission and stated that the Applicant's presentation was very thorough; that the tree preservation includes the retention of 31 valuable trees; that the second neighborhood meeting held on June 24, 2002, was attended; that the meeting was not a City sponsored meeting; that the Applicant was responsible for noticing the meeting rather than the City; that approximately 10 to 12 individuals attended; that additional concerns from the attendees at the meeting were: 1. The placement of the trash receptacles at the Waffle House on US 41. Mr. Hoglund stated that the position of the trash receptacles is to allow ease of accessibility for the Public Works Department; that the trash receptacles of the Waffle House are not associated with the proposed development. 2. The addition of a right turn lane between the entrance of the parking lot and US 41 = City Staff indicated the addition of a right turn is not warranted by sufficient demand; and widening the intersection would be difficult for pedestrians to cross. Mr. Hoglund referred to the Zoning/Subdivision map displayed on the Chamber monitors and stated that in 1997, one of the requirements for the rezoning for the Walgreens was a 50-foot area between the Walgreens and the residential area for drainage retention; that the drainage retention area is visually open; that enclosing the drainage retention area was suggested; that City Staff discouraged enclosing the area; that the drainage retention area is not associated with the proposed development. City Auditor and Clerk Robinson stated that no Affected Person nor interested persons have signed up to speak; and that neither the Applicant nor the City has any rebuttal. Mayor Mason requested Commissioner supplemental remarks, if any, and hearing none, closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 02-4390 by title only. On motion of Vice Mayor Palmer and second of Commissioner Quillin, it was moved to pass proposed Ordinance No. 02-4390 on first reading with the incorporation of the additional proffers by second reading. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Quillin, yes; Servian, yes; Martin, yes; Mason, yesi Palmer, yes. City Attorney Taylor stated that next two quasi-judicial public hearings are regarding historic structure designations; that the recommendation is to allow five minutes for the Applicant's and the City's presentation and three minutes for rebuttal; that other interested persons will have five minutes to speak; that speakers may request additional time which, if granted, will be determined at the discretion of the Commission; that Commission BOOK 52 Page 23820 09/03/02 6:00 P.M. BOOK 52 Page 23821 09/03/02 6:00 P.M. approval of the time limits is requested. 18. QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 02-4396, PROVIDING FOR THE DESIGNATION OF A HISTORIC DISTRICT LOCATED AT 1757, 1759, 1761, 1763 AND 1765 ALTA VISTA STREET, HISTORICALLY KNOWN AS THE RIGBY/ROBINSON ALTA VISTA HISTORIC DISTRICT, AS A DISTRICT OF HISTORIC SIGNIFICANCE PURSUANT TO THE HISTORIC PRESERVATION ORDINANCE OF THE CITY OF SARASOTA; ETC. (TITLE ONLY) (APPLICATION NO. 02-HD-03, APPLICANT MIKKI HARTIG, AS AGENT REPRESENTING WANDA RAYLE, AS TRUSTEE UNDER TRUST DATED FEBRUARY 22, 1998) = PASSED ON FIRST READING (AGENDA ITEM IV-B-3) CD 9:40 through 9:53 City Attorney Taylor stated that proposed Ordinance No. 02-4396 provides for the designation of an historic district located on Alta Vista Street; that the Applicant is Mikki Hartig, agent for Wanda Rayle, as Trustee under Trust Dated February 22, 1998, as owner. Mayor Mason requested that Commissioner ex parte communications, if any, be disclosed. Mayor Mason, Vice Mayor Palmer, and Commissioners Martin, Quillin, and Servian stated that no ex parte communications have occurred. Vice Mayor Palmer left the Chambers at 9:40 p.m. Mayor Mason opened the public hearing and requested that the Applicant come forward. Mikki Hartig, agent for Wanda Rayle, as Trustee under Trust Dated February 22, 1998, as owner, came before the Commission and stated that Historic Designation Application No. 02-HD-03 as incorporated in proposed Ordinance No. 02-4396 provides for the designation of an historic district located between Orange and Osprey Avenue at 1757, 1759, 1761, 1763, and 1765 Alta Vista Street, historically known as The Rigby/Robinson Alta Vista Historic District, as structures of historic significance pursuant to the Historic Preservation Ordinance of the City; that the structures include four residential buildings and a detached garage located on the same parcel of property under the same ownership; that the parcel is unplatted; that the original parcel was a larger parcel owned by Harry Rigby; that Mr. Rigby's father was one of the pioneer builders of Sarasota; that all the Rigby sons were active in the building business during the 1920s; that Mr. Rigby owned a large parcel of property near Alta Vista Street; that in 1921, Mr. Rigby constructed a residence, a duplex for rental income and a storage facility; that in 1924, Mr. Rigby subdivided the parcel and constructed what is known today as the Rigby Plaza which consists of the Spanish homes along Osprey Avenue; that Mr. Rigby moved into the two-story residence and sold all of the structures and the other parcel of property to Almon and Clara Robinson; that initially three structures were owned by the Robinson; that Mr. Robinson later constructed another house and a garage. Ms. Hartig continued that the structures are simple framed vernacular dwellings which do not have architectural plans and were constructed by self taught builders with simple materials; that the architecture is similar to the structures of the Florida land boom period; that Mr. Rigby was considered an entrepreneur; that often, Mr. Rigby would sell relocating families a lot and then rent them a house until the new home was completed. Ms. Hartig referred to the survey map included in the Agenda backup material and stated that the larger structure is the Robinson residence; that the structure further set back on the parcel facing Alta Vista Street is the Rigby residence; that a garage is located in the center of the parcel; that two or more structures can be considered a district; that a historic district may include contributing and non-contributing structures; that all the residential structures are considered contributing to the historic district; that the garage has been altered with various additions and is considered non- contributing to a historic district; that the garage could be removed or altered in the Euture; that a deeded easement comprised of an unpaved driveway extends from Osprey Avenue along the rear of the property line. Ms. Hartig continued that meeting certain criteria is required to qualify as a historic district; that the buildings collectively possess a concentration and linkage through a unified identity; that the identity of the district results from the interrelationship of the buildings based on architectural style and the period of construction; that the structures qualify for historic designation under criteria contained in Section IV-806 (B), 1 and 2 of the Zoning Code (2000 ed.). Mayor Mason requested that Staff come forward for the City's BOOK 52 Page 23822 09/03/02 6:00 P.M. BOOK 52 Page 23823 09/03/02 6:00 P.M. presentation. Jane Robinson, Director of Planning, came before the Commission and stated that Staff from the Sarasota County Department of Historical Resources determined the structures located at 1757, 1759, 1761, 1763, and 1765 Alta Vista Street, historically known as The Rigby/Robinson Alta Vista Historic District, are of historical significance; that at its June 11, 2002, meeting, the Historic Preservation Board unanimously recommended the historic designation of the structures located at 1757, 1759, 1761, 1763, and 1765 Alta Vista Street; that the Administration recommends passing proposed Ordinance No. 02-4396 on first reading. Vice Mayor Palmer referred to the June 11, 2002, Minute Excerpts from the meeting of the Historic Preservation Board included in the Agenda backup material as follows: Discussion was held relative to the rezoning of the property for these structures to be sold as condominiums in order to preserve this historic district; and that this historic designation will be conditional based on the approval of the rezoning by the Board of Adjustment. Vice Mayor Palmer stated that the Board of Adjustment does not have the authority to rezone; and asked for clarification. Ms. Hartig stated that indicating the Board of Adjustment could approve a rezoning is a misstatement; that the Applicant could decide to pursue approval of a conditional use; that a conditional use for a designated historic structure can be allowed for certain conditions; that several past meetings have occurred with City Staff regarding single-family residential structures which were no longer practical as residential and have had conditional uses approved for office use; that a conditional use application to change from rental property to condominiums has not been filed; that the current owner has been approached by a prospective buyer; that the prospective buyer may or may not desire the historic designation; that a decision will be made over the next several days; that any conditional use would be brought before the Planning Board/Local Planning Agency (PBLP) if pursued. Vice Mayor Palmer asked if the proposal will continue to second reading if the Commission approves the historic designation? Ms. Hartig stated that a decision to move forward to second reading will be known in the next several days. Vice Mayor Palmer asked if the designation should be postponed based on some other possible action? Ms. Hartig stated no; that the prospective buyer may desire the historic designation. There was no one signed up to speak and Mayor Mason closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 02-4396 by title only. On motion of Commissioner Quillin and second of Commissioner Servian, it was moved to pass proposed Ordinance No. 02-4396 on first reading. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Servian, yes; Martin, yes; Mason, yes; Palmer, yes; Quillin, yes. 19. QUASI-JUDICIAL PUBLIC HEARING RE: : PROPOSED ORDINANCE NO. 02-4397, PROVIDING FOR THE DESIGNATION OF THE STRUCTURES LOCATED AT 5050 BRYWILL CIRCLE, / HISTORICALLY KNOWN AT THE BRYSON- - CRANE HOUSE, AS STRUCTURES OF HISTORIC SIGNIFICANCE PURSUANT TO THE HISTORIC PRESERVATION ORDINANCE OF THE CITY OF SARASOTA; ETC. (TITLE ONLY) (APPLICATION NO. 02-HD-02, APPLICANT MIKKI HARTIG, AS AGENT REPRESENTING ROBERT M. CASELLA AND PAIGE MCMICHAEL AS OWNERS) PASSED ON FIRST READING (AGENDA ITEM IV-B-4) CD 9:53 through 9:59 Mayor Mason stated that proposed Ordinance No. 02-4397 provides for the historic designation of a single-family residence located at 5050 Brywill Circle; that the Applicant is Mikki Hartig, agent for Robert Casella and Paige McMichael, as owners. Mayor Mason requested that Commissioner ex parte communications, if any, be disclosed. Mayor Mason, Vice Mayor Palmer, and Commissioners Martin, Quillin, and Servian stated that no ex parte communications have occurred. Mayor Mason opened the public hearing and requested that the Applicant come forward. BOOK 52 Page 23824 09/03/02 6:00 P.M. BOOK 52 Page 23825 09/03/02 6:00 P.M. Mikki Hartig, agent for Robert Casella and Paige McMichael, as owners, came before the Commission referred to a slide presentation and stated Historic Designation Application No. 02-HD-02 as incorporated in proposed Ordinance No. 02-4397 provides for the designation of a single-family residence with a detached garage located at 5050 Brywill Circle, historically known as The Bryson/Crane House, as a structure of historic significance pursuant to the Historic Preservation Ordinance of the City; that the structure is a one and two-story Mediterranean Rival residence; that the structure has had significant restoration and was included in the 2002 tour of historic homes; that the structure was completed in 1925, includes noteworthy well-preserved architectural details, a contributing historic one-story garage, a non-nistoric swimming pool, and newly constructed garage. Mayor Mason passed the gavel to Vice Mayor Palmer and left the Chambers at 9:56 p.m. Ms. Hartig continued that the windows installed in the 1950s have been replaced with the appropriate wood-casement windows by the current owners; that the front of the residence is oriented to the west; that the patio area consists of hollow clay construction with stucco applied to the exterior; that the Brywill subdivision was developed by the co-owned Brywill Reality Company; that the name is a combination of Walter Bryson who also owned Bryson Paving Company and J.Y. Wilson, both of Jacksonville; that the Bryson Paving Company was responsible for paving a large stretch of the northern portion of Tamiami Trial; that in 1925, Mr. Bryson sent his son and son-in-law to Sarasota to act as the on-site developers and to manage lot sales in the Sapphire Shores subdivision; that Mr. Bryson gave his son and daughter lots to construct new homes which eventually set the architectural tone of the neighborhood; that the children lived in the homes until the failure of the Florida land boom in 1929; that in 1930, the structure at 5050 Brywill Circle was purchased by Harley and Minnie Crane. Vice Mayor Palmer requested that Staff come forward for the City's presentation. Jane Robinson, Director of Planning, came before the Commission and stated that Staff from the Sarasota County Department of Historical Resources determined the structure located at 5050 Brywill Circle, historically known as Bryson/Crane House, is of historical significance; that at its June 11, 2002, meeting, the Historic Preservation Board unanimously recommended the historic designation; that the Administration recommends passing proposed Ordinance No. 02-4397 on first reading. There was no one signed up to speak and Vice Mayor Palmer closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 02-4397 by title only. On motion of Commissioner Quillin and second of Commissioner Servian, it was moved to pass proposed Ordinance No. 02-4397 on first reading. Vice Mayor Palmer requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0) : Martin, yes; Palmer, yes; Quillin, yes; Servian, yes. The Commission recessed at 9:59 p.m. and reconvened at 10:14 p.m. 20. PRESENTATION RE: REQUEST OF THE INDIAN BEACH SAPPHIRE SHORE NEIGHBORHOOD ASSOCIATION (IBSSA) TO ASSIST WITH THE PURCHASE OF PROPERTY FOR A NEIGHBORHOOD PARK = DIRECTED THE CITY MANAGER TO WORK WITH THE CITY ATTORNEY'S OFFICE AND TO SIGN AND SEND A LETTER TO MOVE THE GRANT APPLICATION FORWARD TO THE FLORIDA COMMUNITY TRUST NO LATER THAN THE CLOSE OF BUSINESS SEPTEMBER 4, 2002 (AGENDA ITEM V-1) CD 10:14 through 10:46 Charles Hegener, Director, Alan Lillie, Director, and Kafi Benz, Director, Indian Beach Sapphire Shore Neighborhood Association (IBSSA), and President of Friends of Seagate, came before the Commission. Mr. Hegener stated that the opportunity to speak before the Commission regarding the establishment of a new park on Bay Shore Road is a pleasure; that the proposal has been submitted to the Commission for review; that discussion will include a brief overview as well as pending issues regarding the project; that the key point is the unique opportunity to preserve one of the largest remaining undeveloped parcels of land in the City for public benefit; that the area is over seven acres on Bay Shore Road between Myrtle Street and the John and Mable Ringling Museum and was originally established as a private park by the Ziff family of the Ziff Davis publishing empire; that the area BOOK 52 Page 23826 09/03/02 6:00 P.M. BOOK 52 Page 23827 09/03/02 6:00 P.M. was named Rus in Ur'be, as is seen from the large granite gates to the property, which means "country in the city"; that open space in urban areas is an increasingly scarce commodity and could be a tremendous long-term asset for the City and the Indian Beach Sapphire Shores neighborhood; that the benefits of locating the park in the area are: Environmental protection - The site has a variety of habitats and could be a unique showplace of the original maritime upland environment which originally existed. Improvement of bay water quality - The site could improve currently unregulated water runoff into the Sarasota Bay. Community park use The IBSSA has been seeking to establish a community park in the center of the neighborhood for over a decade. Education New College and other educational institutions near the site, as well as the Florida Yards program, could utilize the site for instruction on environmental issues and habitat restoration. Neighborhood and historic preservation The development plans for the site call for 18 mega houses, which would compromise the integrity of the neighborhood. Connectivity - City plans call for the establishment of a Multi-use Recreation Trail (MURT) along Bay Shore Road and a blueway for canoeists and kayakers along the bayfront by the site. Canoeists and bicyclists and other pedestrian friendly users could access the site as part of the City's overall parks and connectivity plan. Development Plan The primary purpose of the acquisition effort is to land bank the site for future community benefit. If the site cedes to development, the opportunity is lost. Mr. Hegener continued that plans for the site call for a mostly passive use environmental park, with mulched walkways and community features such as park benches and playground areas for children along Bay Shore Road; that the balance of the site would be devoted to environmental protection and education, as well as stormwater mitigation; that the IBSSA through the Friends of Seagate, Inc., has applied for a grant from the Florida Communities Trust (FCT) for the acquisition of the strategically located site, which is on the route of the MURT between Selby Gardens and the new University of South Florida (USF) campus at Seagate. Mr. Hegener continued that the IBSSA would like to express appreciation for the support of the Commission particularly in the recent budget workshops; that the Commission is requested to formally endorse the commitment at the present time; that IBSSA has been seeking to acquire the property for over a decade; that the property was recently under agreement for development of approximately 20 building lots, as approved by the City Building Department; however, litigation between the developer and the owner created the opportunity for possible acquisition of the property; that the IBSSA enlisted Friends of Seagate as the environmental 501(c) (3) nonprofit corporation to apply for the State grant; that the President of Friends of Seagate is an IBSSA board member and has offered her nonprofit personal services to help forward the acquisition; that the IBSSA and Friends of Seagate have agreed Friends of Seagate will act in accordance with the wishes of the IBSSA regarding the park. Mr. Hegener further stated that the following individuals are acknowledged in appreciation for the support of the project as well as the IBSSA board members and all the neighbors who have participated over the years in the effort to preserve the strategic property: Jono Miller of New College; Mark Alderson of the Sarasota Bay National Estuaries Program; Ed Freeman of the Nature Conservancy; Ed Van Fleet of the County Storm Water Mitigation Program; Jaime Doubek-Racine of the National Parks Service Mr. Hegener distributed a proposed letter for the City to send to the FCT and stated further that a restatement of the City's commitment is being required by the FCT for the grant application which is intended to provide at least three quarters of the funding for the acquisition of the property; that the Commission is requested to focus on the benefits the project will provide to City residents in the future and demonstrate support by providing the requested letter to the FCT. BOOK 52 Page 23828 09/03/02 6:00 P.M. BOOK 52 Page 23829 09/03/02 6:00 P.M. Mr. Hegener stated that legalities concerning the matter have been questioned; that the version of the letter presented to the Commission at the present time is the version provided by the FCT; that the FCT has indicated other moderating language is available which is acceptable; that discussions concerning the legalities of the language can be held with the City Attorney's Office or City Manager to bring the matter to closure. Mr. Lillie stated that the Commission is reminded that the IBSSA has had a long association with the City dating back ten years with the first endeavor to create and improve a small park on the lagoon which John Ringling used to moor his boat; that funds were raised through the neighborhood and City matched the funds; that the Public Works Department proceeded to construct the park; that IBSSA solely constructed a right-of-way at 40th Street from Bay Shore Road down to the waterfront; that the City assisted only in permitting the right-of-way and hauling away the trash; that IBSSA provided and planted all of the plants; that the IBSSA continues to maintain the plants; that the IBSSA also constructed a 60-foot wide, 300-foot long greenway which is another City right-of-way; that the IBSSA constructed a butterfly garden and also a tot-lot; that the City supported the IBSSA with some of the work; that the IBSSA constructed several street triangles and provided and planted all the plants; that some plantings in the triangles are being maintained by the IBSSA; however, the more difficult plantings are being maintained by the City. Mr. Lillie continued that the FCT grant application is an urgent matter; that the City Manager's letter sent to the FCT indicating the City's commitment to the project is not considered adequate by FCT and has been referred to the FCT's legal department; that information received from the FCT indicates the legal department will most likely reject the City's letter; that time is of the essencei that the IBSSA is requesting the Commission authorize the City Manager to immediately submit another letter to the FCT; that the IBSSA is providing a proposed letter with acceptable language for the City Manager to sign and submit to the FCT. Commissioner Quillin referred to the proposed letter provided by the IBSSA which contains the following italicized verbiage: ".. and is committed to fulfilling any commitments made in the grant application relative to the City's role," and asked if the italicized verbiage is significant? Ms. Benz stated no; that the City has no role in the grant application other than to partner. Commissioner Quillin stated that indicating the City is not involved in the grant application other than to partner is a contradiction. Commissioner Servian stated that the grant application indicates the City would accept ownership of the property; that no specific time or requirements for any commitments are indicated in the grant application; that the language in the proposed letter is a concerni that the grant application language indicates the City would take possession of the property and any future actions taken would be approved by the Commission; that the application does not state additional specifics other than the City will ac ccept ownership. Mr. Hegener stated that as a practical legal matter, the issue does not become serious for some period of time; that eventually plans will require refinement; however, at this stage, an appropriate descriptive term is "bookmark"; that the Commission can accept the language of the form letter or insert language which allows some latitude; that the City eventually will have to commit to accept the property with a more refined plan; however, at this point a bookmark simply says the City agrees with the proposal and will work with the IBSSA to carry the proposal forward; that the City has the option of withdrawing and can withdraw as a practical matter simply by not complying with some of the procedural requirements of the FCT such as updating a particular document or providing a conceptual plan; that legislation specifically indicates the City would effectively withdraw from the proposal if required documents were not provided to the FCT; that cities frequently withdraw proposals; that the FCT historically has never mandated a city buy a property; that additional sophisticated legal issues exist but are not being discussed in the interest of time. BOOK 52 Page 23830 09/03/02 6:00 P.M. BOOK 52 Page 23831 09/03/02 6:00 P.M. Ms. Benz stated that the FCT is requesting a commitment by the City indicating a willingness to assume the role of partner if the grant is approved and the property is acquired. Commissioner Servian stated that the language indicating the City is willing to assume the role of partner if the grant is approved and the property is acquired should be indicated in the City Manager's letter to the FCT if the language is acceptable to the FCT's legal staff; that the IBSSA is commended for the remarkable work in trying to acquire the property; that the property is beautiful and would be a wonderful addition to the City's parks; that the Commission supports the IBSSA. On motion of Commissioner Servian and second of Vice Mayor Palmer, it was moved to refer the development of an appropriate support letter to the Administration to work with the City Attorney's Office and the Friends of Seagate to craft the proper language required to move the application forward. City Manager McNees stated that the motion does not advance the issue; that further direction from the Commission is required; that the Administration does not have a letter to sign which represents the Commission's position on the issue and satisfies the FCT; that the City previously submitted a letter expressing the Commission's policy regarding the issue which was not sufficient for the FCT; that moderating language is appreciated; however, the letter presented to the Commission at the present time is relatively simple containing two short sentences; that the letter indicates in the second sentence: If the project is selected for funding, the City of Sarasota will assume the status of partner with Friends of Seagate Inc. and is committed to fulfilling any commitments made in the grant application relative to the City's role. City Manager McNees continued that the grant application has personally been reviewed for a only a few minutes; that all the commitments contained in the grant application are not known; that the grant application includes a commitment of City matched funds of $500,000 if the grant is awarded; that the Commission is committing the City as a partner to fulfill the commitments in the grant application; that the desire is to present the clear implications of the City's actions to the Commission; that other moderating language which may have been proposed is not present for review. City Attorney Taylor stated that the grant application has not been personally seen or reviewed. Ms. Benz stated that the application indicates fundraising is the responsibility of the Friends of Seagate; that no area is checked off on the application as being the responsibility of the City; that the letter is simple since the responsibility of the raising of the funds goes to the neighborhood and the Friends of Seagate; that the Friends of Seagate have an incredible history of being able to raise money. Mr. Hegener distributed a proposed second letter which includes moderating language as follows: - . however, the city's role as a partner will be limited to any funding the city commission voluntarily provides now, or in the future. Mr. Hegener stated that the moderating language proposed came from the City Attorney's Office; that the moderating language indicates a commitment to the partnership and to the commitments in the grant application; that the grant application contains concepts about wetlands restoration, park benches, etc.; that the grant applications does not contain budgets or engineering studies; that the only inference drawn in the application is the possible potential for the City to cover costs relating to the acquired property if the IBSSA or Friends of Seagate fail to achieve the fundraising objective; that the language has been presented to the FCT and correspondence has been received indicating the language would be acceptable. Commissioner Servian stated that the grant application is in the Commission Office; that the grant application does not contain any language which would hold the City accountable for the $500,000; that the grant application discusses the overall project which includes Friends of Seagate, IBSSA, and the City; that the grant application does not indicate funding must come from the City; that the revised proposed language is preferred. Commissioner Servian, as the maker of the motion, with the consent of Vice Mayor Palmer, as the seconder, restated the motion as to refer the preparation of a letter for the FCT with BOOK 52 Page 23832 09/03/02 6:00 P.M. BOOK 52 Page 23833 09/03/02 6:00 P.M. the revised proposed language to the Administration for completion as soon as possible. Commissioner Servian asked the timeframe for the FCT' to receive the letter? Mr. Hegener stated that the timeframe is immediate; that the letter must be in the mail by the close of business September 4, 2002. Commissioner Martin stated that prior discussions indicated the timeframe was passed and the letter was being rejected by the FCT. Mr. Hegener stated that the administrative regulations governing the FCT's decision making was researched on the FCT web site; that the regulations provide 21 days to amend or update information submitted following a request for clarification; that discussions were held with the FCT regarding their regulations; that the FTC indicated the regulations had been withdrawn by a legislative decision and are no longer applicable; however, the applicable legislation was not known by the FCT; that the regulations remain on the web site; that the web site accessed through the State does not reflect the updated version of the regulations; that the revised regulations supposedly indicate seven days is provided for amending or updating information submitted; that the FCT was informed seven days was insufficient for the City to administratively respond; that discussions were held with the FCT concerning the intent of the legislation which enables the FCT which is to support projects such as the ISSBA is submitting; that the FCT legal department is currently in the process of drafting a rejection letter and will be asked by the FCT staff to accommodate the IBSSA; that through cooperation between IBSSA and the City, a letter can be written, signed, and mailed by the Close of business September 4, 2002; that no substantive reason exists for the FCT to reject the letter. Commissioner Martin stated that the seven day deadline has passed; that the original letter was deficient; however, a reprieve may exist but only until September 4, 2002. Vice Mayor Palmer stated that the grant application has been reviewed; that the grant application is very thorough but includes no financial commitment; that the financial commitment is the concern; that proposed language originating from discussions with the City Attorney's Office which indicates the City will fulfill all commitments made in the grant application but only to the level the Commission will now or in the future fund the project; that significant latitude exists; that the grant acquisition no longer applies if the City chooses not to fund the project; that the Commission worked hard to ensure funding exists in the budget to assure the acquisition will take place if the grant is received; that a decision must be made at the present time. On motion of Commissioner Servian and second of Vice Mayor Palmer, it was moved to amend the motion to direct the City Manager to sign the second letter on behalf of the Commission and have the letter mailed on September 4, 2002. Vice Mayor Palmer asked if the City Manager or the Mayor should sign the letter? Ms. Benz stated that either the City Manager or the Mayor could sign the letter as confirmed with the FCT. City Attorney Taylor stated that the City Attorney's Office has not been involved in the process; that language may have been put together and submitted to the City Attorney's Office; however, neither the language nor the grant application has been reviewed; that the City Attorney's Office will work with the Administration to comply with the Commission's wishes to facilitate the processi that being ordered to sign the letter is uncomfortable as the consequences are not known; that hopefully, the consequences can be determined on September 4, 2002. Commissioner Quillin asked if the language in the second letter has been read? City Attorney stated yes; that the language in the second letter provides latitude; however, the language refers back to the grant application which has not been reviewed. Commissioner Martin asked if the revised language has been pre- approved by FCT and the FCT legal department? Mr. Hegener stated that the second letter was received from FCT staff as suggested language; that a review by the FTC legal department is not known. Mayor Mason asked for clarification of the status of the motion. BOOK 52 Page 23834 09/03/02 6:00 P.M. BOOK 52 Page 23835 09/03/02 6:00 P.M. City Auditor and Clerk Robinson stated that the amendment is a substitute for the main motion; that the recommendation is to withdraw the main motion; that the motion can be withdrawn with the Commission's consensus. Commissioner Quillin stated that both the main motion and the amendment should be withdrawn. Commissioner Martin agreed. Mayor Mason stated that hearing the Commission's consensus, both the main motion and the amendment are withdrawn. On motion of Commissioner Servian and second of Vice Mayor Palmer, it was moved to direct the City Manager to work with the City Attorney's Office and to sign and send the second letter to move the grant application forward to the FCT no later than the close of business September 4, 2002. City Manager McNees stated for clarification, that the motion refers to the second letter. City Attorney Taylor stated that the City Attorney's role is to review the second letter and inform the Commission of any potential major issues. City Manager McNees stated that the letter is written as a cover to the grant application which has already been submitted to the FCT; that the second letter indicates, '. : I am pleased to submit this letter as a portion of the grant application. - and should read, ".. I am pleased to submit this letter in support of the previously submitted grant application.. T Ms. Benz agreed. Ms. Benz stated that the new letter should contain the first paragraph from the first letter and the second paragraph from the second letter. Commissioner Servian stated that the intent of the motion is common sense would prevail in the development of the letter. Mayor Mason called for a vote on the motion. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yesi Servian, yes; Mason, yes. 21. PRESENTATION RE: PROPOSED ENABLING LEGISLATION FOR THE CHARTER AMENDMENT PROHIBITING DISCRIMINATION IN HOUSING, EMPLOYMENT AND PUBLIC ACCOMMODATIONS - PRESENTATION MADE (AGENDA ITEM V-2) CD 10:47 through 11:04 Reverend James Merritt, Chair, and Michael Shelton, Treasurer, Sarasota Equity Project, came before the Commission. Mr. Shelton stated that the presentation is being provided at the request of Vice Mayor Palmer who asked for an update concerning efforts in support of the Amendment to the City Charter concerning non-discrimination (Charter Amendment) and the information which will be provided to the public; that in August 2002, the Commission approved a Charter Amendment to present to the voters in November 2002; that suggestions concerning implementing legislation for the Charter Amendment if passed by the electorate in November 2002 will also be presented. Mr. Shelton distributed a packet of information concerning the Sarasota Equity Project (SEP), which is the result of a broad- based coalition of citizens and organizations united to assure the Charter Amendment is adopted and stated the packet provides basic information concerning the SEP; that the public can call the SEP to receive educational information; that a Speakers' Bureau has been assembled; that a website is being developed and will serve as another source of information concerning the Charter Amendment; that the Coalition is in the process of raising funds which will provide the ability to place print advertisements and make different types of information available to the public prior to the November 2002 referendum. Mr. Shelton referred to the working draft of the Human Rights Ordinance included in the packet of information and continued that the Coalition met several times regarding implementing legislation for the Charter Amendmenti that extensive research has been conducted; that numerous statutes throughout the country have been reviewed; that the result is the suggested Human Rights Ordinance which will accomplish the objectives of the Charter Amendment; that the suggested Human Rights Ordinance prohibits discrimination against the protected classes in the areas of public accommodations, housing, and employment; that the suggested Human Rights Ordinance may provide answers raised by members of the Commission and others; that the suggested BOOK 52 Page 23836 09/03/02 6:00 P.M. BOOK 52 Page 23837 09/03/02 6:00 P.M. Human Rights Ordinance provides a good idea of the requirements intended and not intended by the language in the Charter Amendment. Mr. Shelton referred to Section 7 of the suggested Human Rights Ordinance which includes a list of exceptions not covered; and stated that an effort was made to include all contingencies in the suggested Human Rights Ordinance; that any recommendations from the Commission are welcome; that the Coalition is in the process of simulating a much larger group of people and organizations representing a much broader spectrum of the community; that the Coalition will be working with those people collectively; that once the simulation of the larger group has been completed, the Coalition will come back to the Commission with a final recommendation and proceed to the public with the final recommendation. Mr. Shelton referred to Section 8 of the suggested Human Rights Ordinance concerning the Human Rights Board and stated that the suggested Human Rights Ordinance does not change significantly the current legislation of the City. Mr. Shelton referred to Chapter 18, Article II, Community Relations Board, and Article III, Housing Discrimination, Sarasota City Code, included in the packet of information and stated that the Coalition expanded the prohibition sections of Chapter 18, Article III, to bring to current standards; that the enforcement provisions in the suggested Human Rights Ordinance is almost identical to the enforcement provisions of Chapter 18, Articles II and III; that the City currently has a Community Relations Board which has powers to investigate discriminatory acts in housing; that procedures for the Community Relations Board are not particularly liked but can be accepted; however, the Coalition can accept them; that the current status of the Community Relations Board is not known. Commissioner Servian stated that the Community Relations Board no longer meets. Mr. Shelton stated that the belief is the provisions in the City Code concerning discriminatory acts in housing were passed in 1971. Commissioner Servian stated that the provisions concerning discriminatory acts and establishing the Community Relations Board were included in the City Code, 1971. Mr. Shelton stated that legislation currently exists; that at some point, the Commission's predecessors agreed the legislation was a reasonable mechanism by which to enforce prohibitions against housing discrimination; that the Community Relations Board is relatively a simplistic board and essentially provides for a group to mediate complaints of discrimination; that complainants have all the rights afforded them by the judicial process if the complaints are not successfully mediated; that the process is not expensive or complicated; that one goal of the Coalition was to create a simple process which is easy to administer without creating a lot of bureaucracy; that an important factor is also not to create a large tax bill for the taxpayers. Commissioner Martin asked if Section 8, Human Rights Board, of the suggested Human Rights Ordinance is the same as Chapter 18, Article II, Community Relations Board, City Code? Mr. Shelton stated that Section 8 of the suggested Human Rights Ordinance is almost verbatim from Chapter 18, Article II, Community Relations Board, City Code. Commissioner Martin asked if changes are required? Mr. Shelton stated that the Commission's comments are requested; that Section 8, Human Rights Board, can be refined and updated to current standards, which could be accomplished with the Enforcement Process as well; that a goal is to not cause any more difficulty than necessary. Commissioner Martin asked if the Coalition will be expanding to a larger group? Mr. Shelton stated that the expansion of the Coalition is already in process; that the Coalition has many groups. Commissioner Martin asked the organizations involved and asked for clarification concerning the process of involving other groups. Reverend Merritt stated that the Coalition has established a Steering Committee, the Chair of which will be the Vice Monitor of the Universal Fellowship of Metropolitan Community Churches; that the Universal Fellowship of Metropolitan Community Churches is a worldwide denomination; that the Vice Monitor is the number BOOK 52 Page 23838 09/03/02 6:00 P.M. BOOK 52 Page 23839 09/03/02 6:00 P.M. two elder in the denomination; that the Coalition has invited business leaders, including realtors and property management individuals, religious leaders from a variety of denominations, a representative from the Sarasota Chamber of Commerce, and community leaders from diverse backgrounds to join the Coalition; that the Coalition will have the newly formed Steering Committee organized and ready for the first meeting within a week. Commissioner Martin asked if the Steering Committee would be representative of different cultures, genders, and disability backgrounds? Mr. Shelton stated that every type of category will be covered, multiple times; that some difficulty has been encountered in attracting representatives of the Hispanic community; however, some contacts have been made; that other communities are currently well represented. Reverend Merritt stated that the people which have accepted sO far are a representative, diverse group. Commissioner Martin stated that two annual conferences called Sarasota Openly Addresses Racism (SOAR) have been held; that as a result, a committee has been formed to work on issues of racism and to see if the issue of discrimination in the community can be addressed better; that the community has people with experience in human rights commissions who have expressed an interest in assisting the City with the Charter Amendment. Mr. Shelton stated that receiving information concerning people with interest would be appreciated. Commissioner Martin stated that representatives of different backgrounds, cultures, disabilities, and genders should have a voice. Mr. Shelton stated that a goal of the Coalition is to be completely nondiscriminatory, that everyone is welcome to join; that the hope is everyone will join the group, especially those individuals with voting status. Commissioner Servian stated that including a member of City Staff would be helpful in the implementation of policies and procedures; that the Coalition is requested to keep the Commission updated concerning the newly formed Steering Committee as well as information related to the Charter Amendment. Reverend Merritt stated that a major public announcement will be released to the press; that the Commission will receive a copy of the public announcement along with the names of all of the individuals involved with the Coalition and the newly formed Steering Committee; that the Commission is welcome to join the Coalition and participate in the Steering Committee process; that the Commission is invited to attend meetings without being a member. Commissioner Servian stated that Commissioners cannot speak at the meetings if other Commissioners are present. Reverend Merritt stated that the Commission will be kept informed of all processes regarding the Coalition. Mr. Shelton stated that the Administration could volunteer a City Staff member to participate in the Coalition. Commissioner Quillin stated that a Staff member from the Human Resources Department would be a good candidate to participate. Commissioner Martin stated that a concern is going forward and addressing the enforcement issues; that the referendum should go before the voters in November 2002; that a concern was the possible appearance of going forward without hearing from the voters first; however, the presentation has provided a good understanding of the status of the projects; that the reasons for the discussions and completing the research prior to going before the voters is clearly understood; that having the information is beneficial regardless of the outcome of the referendum concerning the Charter Amendment; that no reason to delay the project is perceived; that appointing a Task Force was previously discussed by the Commission; that appointing a Staff liaison is now being discussed; and asked if the Commission wishes the Coalition to function as an Ad Hoc Committee for the Commission. Vice Mayor Palmer stated that appointing an Ad Hoc Committee for the Commission could invoke Florida's Government-in-the- Sunshine-Law (Sunshine Law). Commissioner Servian stated that the intent is not for an Ad Hoc Committee for the Commission. BOOK 52 Page 23840 09/03/02 6:00 P.M. BOOK 52 Page 23841 09/03/02 6:00 P.M. Reverend Merritt stated that the Coalition has filed for status as an official Political Action Committee (PAC), which is being called the Sarasota Equality Project; that the Steering Committee will provide the direction for the Sarasota Equality Project. Commissioner Servian stated that having documentation concerning the Charter Amendment is important and will provide a level of comfort to the community; that the voters are concerned about the meaning of the Charter Amendment; that the voters may not vote for the Charter Amendment if a significant amount of uncertainty exists; that having the discussion prior to the November 2002 election is important. Commissioner Martin agreed. Vice Mayor Palmer stated that the Coalition has accomplished the Commission's original intent, which was to develop a document to provide a concept of possible implementation mechanisms; that the suggested Human Rights Ordinance is a work in progress and is not a final product; that the information provides a clear indication of the implementation mechanisms desired by the proponents of the Charter Amendment; that the media has constantly requested information about the meaning of the Charter Amendment, the cost implications, the protected classes, etc.; that personal questions have been raised from the beginning; that the Coalition has provided good information about the implications sO the community will have a better understanding; that a Speakers' Bureau has been established; that interested organizations can contact the Coalition to have someone discuss the issue; that callers to the Commission Office can be provided contact information for the Coalition if desired; that the Coalition is commended for the job done and for expanding the group to assure all the various groups covered in the Charter Amendment are represented; that the documentation provided is excellent; that the Coalition is going in the right direction. Commissioner Quillin stated that appreciation is extended to the Coalition for recognizing the intent of a motion personally made at a previous Commission meeting to create a Task Force; that enabling legislation will be personally pursued regardless of the outcome of the vote concerning the Charter Amendment; that disseminating the information concerning the Charter Amendment to the public is importanti that creating the Coalition was good; that the Charter Amendment has raised significant concerni that establishing a relationship with the Chamber of Commerce is important to help disperse information; that some people have called with concern regarding the impact on churches; that the Coalition should provide recommendations concerning the Community Relations Board; that Section 18, Articles II and III, City Code should be updated and brought up to current standards; that not being well versed in some of the more recent laws concerning human rights, more clarity is requested; that a report from the Coalition concerning updating the provisions of the Community Relations Board would be appreciated. City Manager McNees stated that a suggestion was made to appoint a City Staff to the Coalition; that volunteers from qualified people to work with the Steering Committee can be solicited; that assigning a City Staff member to work on a private PAC on City time is not a good idea; that a volunteer is better suited to join the Steering Committee. Vice Mayor Palmer stated that the idea is good. Mr. Shelton and Reverend Merritt agreed. Mayor Mason thanked Mr. Shelton and Reverend Merritt for the presentation. 22. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM VI) CD 11:05 through 11:20 The following people came before the Commission: John Fulton, P.O. Box 48478 (34230), distributed a March 28, 2002, letter to Earl Moreland, State Attorney, and stated that the State Attorney has not responded to the letter. Vice Mayor Palmer stated that reading a letter addressed to the State Attorney is a concern and asked for legal clarification concerning the applicability to the City of correspondence to the State Attorney? City Attorney Taylor stated that Citizens' Input is to receive comments concerning matters which relate to City business; that the City has no jurisdiction or alignment with the State Attorney's Office; that the relevance to any possible action by the Commission is not known. BOOK 52 Page 23842 09/03/02 6:00 P.M. BOOK 52 Page 23843 09/03/02 6:00 P.M. Commissioner Quillin stated that the letter is not related to City business. Mr. Fulton stated that the letter will therefore not be read; however, the Commissioners are requested to read the letter individually as a request for support from a private citizen who is having difficulty having a crime investigated; that the reason for the failure of the State Attorney's Office to respond is not known; that the request is for the City to approach the State Attorney and determine the reason for the lack of response. City Attorney Taylor stated that the City has no jurisdiction over the State Attorney's Office; that the City Attorney has no authority to act in the situation. Mr. Fulton stated that the request is from a citizen as no one will acknowledge a crime has been committed in the City. Kim Alexander, 506 South Pineapple Avenue (34236), representing the Soap Box Derby, was no longer present in the Chambers. Robert McLeod, 1913 South Orange Avenue (34239), member of the Retired City Firefighters Association (RCFA), referred to a August 29, 2002, letter from the Fire Chief for Sarasota County requesting the Commission adopt an ordinance affecting the benefit of the City's retired firefighters; and stated that the presumed reference is to Section 24-43(c), Available funds, definition and allocation, City Code, as follows: the trustees - . shall determine the actuarial gain for the prior fiscal year which shall be added to the amount of money received by the city from the state for the prior calendar year : The sum of these amounts shall be known as the "available funds." The available funds shall first be allocated equally among all pension benefit recipients and active members, per capita. The amount of available funds allocated to benefit recipients shall be distributed to the benefit recipients on the thirtieth day of September each year. Mr. McLeod referred to Consent Agenda No. 1, Item 14, to set for public hearing proposed Ordinance No. 02-4411 to amend the date of distribution; and stated that an ordinance concerning the firefighter pension plan has been drafted; that the language in the August 29, 2002, letter is almost identical to a July 30, 2001, letter from the County Administration; that the July 30, 2001, letter was altered due to the protest of the retired firefighters; that at the time, a second letter was developed indicating only active firefighters would be affected; that the ara-nat#rdadete Professional Firefighters and Paramedics, Local 2546, International Association of Firefighters (IAFF) did not agree with the provision; therefore, the proposed ordinance was withdrawn; that the same proposal is being presented; that the County previously indicated the City would be requested to change the ordinance regulating the City's firefighter pension fund to minimize the County's fire assessment rate increases; that the County also previously indicated the City would be requested to direct the actuarial gain to fund reserves prior to any County contribution; that the firefighter pension plan is governed by Section 175.351(1), Florida Statutes, as follows: (a) - and shall be used to pay extra benefits to the firefighters included in the pension plan (b) Place the insurance tax in S. 175.101 in a separate supplemental plan to pay extra benefits Mr. McLeod stated that the State Statutes provide the funds shall be used to provide extra benefits to firefighters; that the State Statutes do not indicate the funds can be used to supplement and reduce the County's contribution but rather must be used for extra benefits for retired firefighters. James Frazier, 7211 32nd Avenue, East, Bradenton (34208), retired Division Chief for the Sarasota Fire-Rescue Department, with 25 years of continuous service to the City's citizens, stated that appearing before the Commission at this time to defend the firefighter's pension plan the Commission approved in 1998 is distressing; that his decision to retire in 1998 was based on the Commission's approval of the firefighter's pension plan; that the Fire Chief of Sarasota County has requested the City approve and the Commission apparently intends to bring to public hearing a delay of the distribution of the so-called Section 175 funds until December 31, 2002; that the Commission is requested to reject the County's request and cease all associated actions to amend the firefighter's pension plan, which would be unconscionable at the time the community and the nation are preparing to honor public service provided by firefighters and paramedics; that benefits should not be taken BOOK 52 Page 23844 09/03/02 6:00 P.M. BOOK 52 Page 23845 09/03/02 6:00 P.M. away from retired public servants, widows, or orphans; that the action would be amoral and legally ill-advised; that Section 24- 45, City Code, provides: no amendment or division shall be adopted by the city commission which shall have the effect of reducing the then accrued benefits of members or a member's spouse, issue or dependent parent. Mr. Frazier stated that to delay will reduce the accrued benefit; that the Commission would be violating the City Code if such action is taken; that some may argue delay is not a reduction; however, the request is clearly a disguised first step by the County to systematically dismantle the benefits defined in the firefighter's pension plan, which is without merit; that the Commission is urged not to take the first step, which will lead down a slippery slope. Stan Zimmerman, 2469 Novus Street (34237), stated that the City's fire rating has fallen and fire service has been degraded since the consolidation of the City's and the County's Fire Departments. Mr. Zimmerman continued that reservations were felt at the Charter Review Committee meeting at the time the proposed non- discrimination amendment to the City Charter, the so-called diversity amendment, was initially presented; that the specific concern regards veterans' preferences which were thought might be degraded; that subsequently, research was conducted; that confidence is felt the amendment will not degrade veterans' preferences; that the amendment is fully supported; that the desire is to change previous public statements indicating reservations concerning the amendment; that in contrition, a theme is suggested for the campaign for passage of the amendment; that every school child in the US recites the Pledge of Allegiance which concludes as follows: with liberty and justice for all. Mr. Zimmerman stated that the diversity amendment is to provide justice for all; that diversity will help the City by increasing the creativity of the people who live in the City; that diversity attracts creative people; that the Commission is commended for supporting the amendment to the City Charter; that the hope is the amendment will be passed by the voters. Tate Gabbert, 6431 Myakka Valley Trail, Vice Chair of the Firefighter's Pension Board of Trustees (Board), stated that at the time of appointment to the Board, the assumption was communication regarding any Commission action concerning the firefighter's pension plan would be received; that a reporter provided a copy of proposed Ordinance No. 02-4411 which was set for public hearing under Consent Agenda No. 1, Item 14; that the Board neither has knowledge of proposed Ordinance No. 02-4411 nor has information been presented at any meeting; that the duties as a member of the Board are confusing; that the hope is the Commission can provide guidance; that a meeting was held with the City Auditor and Clerk who informed as to some reasons the members of the Board received no notice; that a meeting of the Board was held on August 28, 2002; that the letter from the Fire Chief of Sarasota County was dated August 29, 2002; that as the City's previous Fire Marshall, the understanding was approximately one year was required to obtain approval of an ordinance; that proposed Ordinance No. 02-4411 was set for public hearing within a few days; that the action is confusing; that the hope is communication would be received in the future; that the City has always asked input of the retired firefighters toward a solution in the past; that no solution is possible at this time as proposed Ordinance No. 02-4411 was set for public hearing; that a response by the retired firetignters will be necessary. 23. UNFINISHED BUSINESS: APPROVED RE : DESIGNATE THE SCHOOL BOARD OF SARASOTA COUNTY AS THE LEAD AGENCY IN THE DEVELOPMENT OF AN INTERLOCAL AGREEMENT BETWEEN THE SCHOOL BOARD OF SARASOTA COUNTY, SARASOTA COUNTY, AND THE CITIES IN SARASOTA COUNTY AND DIRECT THE ADMINISTRATION TO DESIGNATE A REPRESENTATIVE (S) TO ACT AS LIAISON WITH THE COMMITTEE DEVELOPING THE INTERLOCAL AGREEMENT = APPROVED (AGENDA ITEM VII-1) CD 11:20 through 11:32 Vice Mayor Palmer stated that the item was placed on the Agenda at her request; that the Florida Department of Community Affairs (DCA) recently provided a presentation regarding the new requirements of the Growth Management Act to develop Interlocal Agreements between school boards, counties, and cities; that the request is to designate the School Board of Sarasota County as the lead agency in the development of an Interlocal Agreement between the School Board of Sarasota County, Sarasota County, and the Cities of Sarasota County and to direct the Administration to designate a representative to act as a liaison with the committee BOOK 52 Page 23846 09/03/02 6:00 P.M. BOOK 52 Page 23847 09/03/02 6:00 P.M. developing the Interlocal Agreement; that the committee has meetings scheduled for September 5 and November 22, 2002. Commissioner Quillin stated that developing an Interlocal Agreement is usually referred to the Administration; and asked the intent of the request? Vice Mayor Palmer stated that the DCA would prefer to have one agreement per county, which is the reason the School Board, Sarasota County, and the Cities of Sarasota County will be working together to draft the Interlocal Agreement; that nothing will be finalized until the process is completed and the governing boards approvei that the Interlocal Agreement developed in Lee County is being utilized as an example; that the City will have a liaison to keep the Commission updated; that Staff from the Planning Department and the City Attorney's Office also were in attendance at the presentation. On motion of Vice Mayor Palmer and second of Commissioner Servian, it was moved to designate the School Board of Sarasota County as the lead agency in the development of an Interlocal Agreement between the School Board of Sarasota County, Sarasota County, and the Cities in Sarasota County and for the Administration to designate a representative to act as a liaison with the committee to develop the Interlocal Agreement. Commissioner Quillin asked the effect of the Interlocal Agreement on the City? Vice Mayor Palmer stated that new State legislation requires the county, the municipalities in the county, and the school board enter into an Interlocal Agreement. Commissioner Servian stated that fulfilling the requirement of the State legislation can apparently be accomplished in two ways: 1) have a representative of the School Board sit on the Planning Board/Local Planning Agency or 2) provide the School Board copies of agendas from the municipalities; that the School Board will have an opportunity to review the Agendas and provide any comments concerning the impact of action on the School Board; that the intent is to assure the counties, cities, and school boards work together on growth management issues. Mayor Mason called for a vote on the motion. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. On motion of Vice Mayor Palmer and second of Commissioner Servian, it was moved to extend the Regular Commission meeting beyond 11:30 p.m. to complete the Agenda. Commissioner Martin stated that the remainder of the Agenda is lengthy; that the Commission may wish to delay consideration of some items. Commissioner Quillin stated that a September 4, 2002, Special Commission meeting is scheduled; that some items could be considered at that time; that people are present in the audience to hear the presentation of Agenda Item VIII-1 concerning the Newtown Comprehensive Redevelopment Plan; that the meeting could be extended to consider Agenda Item VIII-1; that the balance of the Agenda could be completed at the September 4, 2002, Special Commission meeting. Mayor Mason stated that completing the Agenda is preferred. City Auditor and Clerk Robinson stated that suspending the Commission's Rules of Procedure, which includes extending the meeting time, requires a two-thirds vote. Commissioner Martin stated that assessing the remaining items on the Agenda is desired; that further study is preferred. Commissioner Quillin stated that consideration of Agenda Items VII-2 concerning the strategic plan and VII-3 concerning the Legislative priorities can be delayed; that consideration of Agenda Items VIII-2 concerning the special events policy, VIII-4 concerning the contract for the City Waterworks Building, and VIII-5 concerning the sponsorship agreement can also be delayed; that Agenda Item IX-1 concerning Board Appointments to the Public Art Committee can be considered at the September 4, 2002, Special Commission meeting. City Manager McNees stated that Agenda Item VIII-6 concerning the traffic signal maintenance and compensation agreement must be transmitted by September 4, 2002, and therefore should be considered at this meeting. BOOK 52 Page 23848 09/03/02 6:00 P.M. BOOK 52 Page 23849 09/03/02 6:00 P.M. Mayor Mason called for a vote on the motion. Motion failed (3 to 2): Martin, no; Palmer, yes; Quillin, no; Servian, yes; Mason, yes. On motion of Commissioner Martin and second of Commissioner Quillin, it was moved to extend the meeting beyond 11:30 p.m. to consider the remaining items with the exception of Agenda Items VII-2, -3, VIII-2, -4, and -5, and IX-1 and to consider Agenda Item VIII-1 at this time. Mayor Mason requested that City Auditor and Clerk Robinson restate the motion. City Auditor and Clerk Robinson restated the motion as to extend the meeting beyond 11:30 p.m. to complete Agenda Items VIII-1, - 3, -6, and to continue Agenda Items VII-2, -3, VIII-2, -4, and -5, and IX-1 to the September 4, 2002, Special Commission meeting. Mayor Mason called for a vote on the motion. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. 24. NEW BUSINESS: PRESENTATION RE: : NEWTOWN COMPREHENSIVE REDEVELOPMENT PLAN 2020 - DIRECTED THE CITY ATTORNEY TO PREPARE AN ORDINANCE TO ADOPT THE NEWTOWN COMPREHENSIVE REDEVELOPMENT PLAN 2020 AND SET THE ORDINANCE FOR PUBLIC HEARING; APPROVED TO SEND A LETTER TO THE SARASOTA HOUSING AUTHORITY ASKING THE STATUS OF THE HOPE VI GRANT AND THE ALTERNATIVE PLANS IF HOPE VI IS NOT RECEIVED (AGENDA ITEM VIII-1) CD 11:32 through 12:20 Karen Hartman, Director of Downtown Redevelopment, and Robert Matatall, Senior Planner, of RMPK Group, Inc. (RMPK), a sub consultant of A.A. Baker and Associates, Inc. (Baker), Russell Moore, Urban Design, Consultant with RMPK, and Lonnie Ward, Housing Consultant and member of the African American Chamber of Commerce, and came before the Commission. Ms. Hartman stated that the Principal of A.A. Baker and Associates, Inc., could not be present; however, the presentation will proceed; that Newtown Comprehensive Redevelopment Plan 2020 (Plan) has been developed through a collaborative process with the Newtown community beginning in October 2001 to the present; that the team assembled to perform the study has worked very closely with the community and met on October 12, 2001, October 16, 2001, November 18, 2001, December 15, 2001, and June 20, 2002, to discuss the Plan; that some members of the community who worked with the team not only directly, but exhaustively and extensively to put before the Commission the Plan are present in the audience; that the presentation will provide the Commission information regarding the concerns the community has voiced over the last ten months; that the Plan is divided into three volumes as follows: Volume I: The Plan Volume II: Implementation Volume III: Background Data Ms. Hartman continued that Volume I is a vision plan and includes implementation strategy through the year 2020; that Volume II is the financial section indicating the fiscal elements related to each item identified in Volume I; that Volume III is the technical analysis and the compilation of the documents which were reviewed to support the findings in Volumes I and II; that the focus of the presentation will be Volumes I and II. Mr. Matatall displayed computer-generated slides throughout the presentation and stated that Commissioners have been shown the presentation individually; however, the current presentation is the first at a Commission meeting; that the Plan encompasses the entire Newtown area; that the team is comprised of the people before the Commission and others; that for the public record, the Plan is dedicated to Benjamin Withers who passed away prior to completion of the Plan; that the process was: Four community meetings were held; A series of interviews with both professionals and neighborhood people were conducted; Existing studies were reviewed as indicated in Volume III; - The draft plan was prepared; - A work session was conducted with City Staff; and A presentation was made to the community. Mr. Matatall stated that all the information collected is summarized in the Plan, which was distributed to everyone with interest in the community; that the City's Goal was to stimulate commercial and housing development, identify specific projects, and identify financial resources to complete the Plan; that the team's goal was to provide the best plan possible; that the Plan addresses the issues identified by the residents with realistic BOOK 52 Page 23850 09/03/02 6:00 P.M. BOOK 52 Page 23851 09/03/02 6:00 P.M. solutions to positively change the Newtown community; that the boundaries of the area considered in the Plan are approximately Myrtle Street to the north, 17th Street to the south, US 301 to the east, and US 41 to the west. Mayor Mason stated that US 301 is indicated as the east boundary; and asked if the urbaculture site and to the City limits is included? Mr. Matatall stated that the east boundary is actually the City limits and continued that the Plan with an implementation strategy was developed; that most of the background data was also documented sO reference could be made in the future; that Volume I includes a history of the neighborhood, community goal setting, and economic positioning; that Mr. Withers was the consultant for the project and did an excellent market study for the area; that Volume II is the implementation section and has specific strategies and includes a phasing plan; that the Plan is a 20-year plan divided into three separate time periods as follows: Phase I: Short-Term Actions Years 1 through 5 Phase II: Middle-Term Actions Years 6 through 10 Phase III: Long-Term Actions Years 1 through 20 Mr. Matatall continued that two specific strategies were the Capital Improvements Plan and a Projects Plan; that the Capital Improvements Plan includes the physical projects relating to the City; that different projects may relate to other community organizations such as churches, schools, etc.; that a community inventory was completed and is included in Volume III, which also includes an extensive review of all existing documents; that the Financial Sustainability Study, the application for the Housing Opportunities for People Everywhere (HOPE) VI grant sponsored by Department of Housing and Urban Development (HUD) and other documents were reviewed; that summaries of all documents reviewed are in the Plan to provide ease of access; that a community analysis was prepared by consultant professionals; that additional documentation such as the minutes of public meetings is included in the appendices; that summaries indicate opportunities for the private sector, investment market data design, design framework for new construction, and business clusters, which are the linkages between the activities and developing the area as a destination; that the public participation process was based on the meetings held and resulted in the organization of the document and was divided into eight categories: 1) administration, 2) economic development, 3) housing, 4) land use, 5) transportation, 6) community health, safety, and welfare, 7) infrastructure, and 8) urban design and parks. Mr. Matatall further stated that Newtown's economic decline was a major issue which is documented; that discussions were held concerning methods to reverse the problem; that to reverse the problem in the future, a commercial office strategy and a neighborhood building strategy were developed; that the effort was to address the physical, economic, and the social concerns identified; that elevating the quality of life of residents involves nurturing healthy, wealthy, and educated citizenry, which is the overall goal; that specific program examples include increased police presence, making access to healthcare more convenient with a clinic from the hospital, and encouraging more programs which already exist throughout the community such as adult and family literacy and making high school equivalency more convenient in the neighborhood; that an expansion of programs such as offered by churches and developing better communication concerning well functioning program is emphasized; that the concept included a proposed heart of Newtown, which is at the intersection of Orange Avenue and Dr. Martin Luther King, Jr. (MLK) Way; that the main idea is to reinvigorate MLK Way; that housing issues addressed include rehabilitation of existing buildings, in-fill construction, new construction, public housing site revitalization which involves the properties of the Sarasota Housing Authority (SHA), and creating live, work, and mixed-use opportunities; that the concept is to strengthen single-family areas, consolidate the multi-family areas, create a more pedestrian oriented street along MLK Way; that examples are to encourage the development of town homes, single-family homes, duplexes, new construction, etc.; that Habitat For Humanity, Sarasota, Inc. is already working in the area and continuation of the effort is encouraged. Mr. Matatall stated further that the emphasis of public housing site revitalization is to carry out the idea presented in the Hope VI grant application and expand the efforts even further by converting the Cohen Way public housing complex to a single-family residential area and move the multi-family residential to an area which supports higher densities along MLK Way; that an emphasis is placed on the concept of live, work, and mixed-use including home occupations, places where people can have businesses and be close thereby reducing transportation requirements, etc., all of which is consistent with the City of Sarasota Downtown Master Plan 2020 (Downtown Master Plan 2020) and the ideas for urbanism which have been discussed by the City over the last two years; that examples BOOK 52 Page 23852 09/03/02 6:00 P.M. BOOK 52 Page 23853 09/03/02 6:00 P.M. utilized are typical apartments instead of large complexes with 10 or 20 buildings, in-fill on City blocks with apartments and town homes, etc. Mr. Matatall referred to a map of the Newtown community; stated that a business cluster concept was developed and divided the neighborhood into three areas along MLK Way: 1) an arts and entertainment district, 2) a community commercial area, and 3) a neighborhood commercial area; and continued that the consultants were asked to consider several events which might help reinvigorate the area and create more of a destination; that a music festival was one possibility; that three locations which would allow three different scales and types of events as follows were identified: small-scale event which could be in front of a business or along the street, medium-scale event which could be in an existing park or open space or a parking lot in front of a business, and large-scale event which could be held at the Booker High School or a larger open area at which a larger crowd can be controlled. Mr. Matatall further stated that a second concept was a community market which resulted from the discussions concerning the urbaculture site and is a spin-off of the very successful Downtown market on Saturdays; that the idea is not to compete with the Downtown market but rather to take the concept into the community; that four possible locations are identified in the Plan; that some small-scale operations are already in existence throughout the neighborhood along some of the frontage area of US 301 and in some other locations; that the desire is to consolidate the activities; and continued by referring to a project plan map which includes a list of 30 to 40 projects which help implement the Plan's objectives including the goals for social, safety, recreation, physical, parks, etc. Mr. Matatall stated that Volume II includes: Part I: Implementation Strategies Part II: Phasing Plan Part III: Capital Projects and Improvement Plan Mr. Matatall continued that the Plan is flexible and can be modified; that projects are identified for a short-term 1 to 5 year period, middle-term 5 to 10 year period, and long-term 10 to 20 year period; that the document is a Elexible document which can be modified; that the Plan can be modified and updated; that the concept is to encompass a 20-year period. Mr. Matatall further stated that the major strategy in Year 1 is to establish a lead agency such as a Community Redevelopment Agency (CRA) or something similar with an advisory board similar to the CRA Advisory Board recently created for the Downtown area; that the intent is not to create an advisory board with any power beyond advising the Commission; that the group would advise the Commission regarding funding and recommendations; that the Commission would have the final decision; that the intent is to create a local entity comprised of different people in the community which would be familiar with all current activities in the Newtown area and be able to provide recommendations to the Commission; that the redevelopment of Fredd Atkins Park is already planned and should proceed; that improvements are planned for the Newtown Community Center; that the Chair of the Planning Board/Local Planning Agency PBLP) indicated a strategic code enforcement program should be implemented; that full-time Staff should be identified to carry the Plan forward. Mr. Matatall stated further that the strategies in Year 2 include creating a CRA ordinance and resolution, do a blight study as justification, and produce an economic base study; that the marketing study conducted by the consultants addressed primarily retail but indicated many people were interested in the best places for employment connections due to the number of industrial parks and the many manufacturing companies in the immediate area; that the neighborhood plans should be completed; that the Whitaker Bayou Greenway Plan should be developed as well as the Rails-to- Trails applications; that implementation of some projects identified should begin. Commissioner Quillin stated that a key strategy indicated in Year 2 is to adopt a CRA ordinance; that a blight study must be completed prior to adopting a CRA ordinance; that the County's permission is required to establish a CRA; that developing a CRA should be in Year 1 due to the time involved; that a CRA could be the basis for implementation and could be a catalyst for redevelopment; and asked for clarification as to the placement in Year 2 rather than Year 1. Mr. Matatall stated that creating a governing agency was considered most important and would take approximately a yeari that communication concerning the ordinance would probably occur in Year 1; however, the actual adoption of the CRA ordinance would probably not occur until Year 2; that the idea was the CRA could happen regardless of the existence of certain funding mechanisms; BOOK 52 Page 23854 09/03/02 6:00 P.M. BOOK 52 Page 23855 09/03/02 6:00 P.M. that the actual estaplishment of an agency was considered most important. Commissioner Quillin stated that an advisory board would not be governed under Section 163, Intergovernment Programs, Florida Statutes; that appointing an advisory board is an excellent idea; that the City has tried many different approaches; that the concern is to assure proper implementation; that considering the establishment of a CRA in the Newtown area could be one of the first action items; that an advisory board could be appointed to begin the process of implementing some of the Plan's concepts; that adhering to a plan was a reason appointing an advisory board for the existing CRA was personally advocated. Mayor Mason referred to the strategy in Year 1 of hiring a full- time Staff member which is indicated as for the Newtown Community Center and asked for clarification. Mr. Moore stated that the recommendation is for a full-time Staff member as an executive director for the umbrella organization. Mayor Mason stated that strategy should be corrected. Mr. Matatall stated that the wording will be corrected. Vice Mayor Palmer stated that the full-time Staff is for the organization which will oversee implementation of the Plan. Mr. Ward stated that is correct. Vice Mayor Palmer stated that the term "CRA" should be eliminated to avoid confusion unless a CRA is developed; that the organization could be called the Newtown Redevelopment Agency. Commissioner Quillin agreed and stated that the term "CRA" is currently applied to the existing Tax Increment Financing (TIF) district. Vice Mayor Palmer stated that the area may become a TIF district; however, until that time, the term "CRA" should not be used. Commissioner Quillin stated that the possibilities of establishing a CRA and TIE district should be considered; that the area is an Enterprise Zone; that creating a CRA could make the area more attractive. Mayor Mason stated that the right terms should be used. Mr. Matatall stated that the Plan will be changed to indicate an umbrella organization; that the term CRA can be used in the future if established. Vice Mayor Palmer asked if the strategy indicated as Newtown Community Center improvements concerns the physical improvements currently underway? Mayor Mason stated yes. Commissioner Quillin stated that the City's fiscal year (FY) 2002/03 budget includes additional Staff to have responsibility for the Enterprise Zone; that the Enterprise Zone and the activities associated with the Plan are interrelated. Mayor Mason stated that the additional Staff is the Staff already included in the FY 2002/03 budget. Ms. Hartman stated that the presentation focuses on Years 1 and 2; however, the Plan is flexible and fluid; that strategies identified in Year 1 could become strategies of Year 2 and vise versa. Mayor Mason stated that questions are being asked as the presentation is the Commission's first opportunity collectively to review and discuss the Plan. Mr. Moore stated that the first important strategy is to establish the organization and to identify an executive director who can work with the Enterprise Zone. Mr. Matatall stated that the Plan is one of the first comprehensive studies of the area; that additional studies are recommended as part of implementation of the Plan; that the development of urban design plans for the MLK Way corridor, neighborhood traffic calming, street-tree additions, design and build of gateway treatments, etc., are recommended in the Euture; that the implementation schedule indicates projects already budgeted for FY 2002/03 and suggestions for the next five years. Vice Mayor Palmer stated that the consulting agreement included revision of the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), to include the Plan; however, a cost of $75,000 is indicated in the BOOK 52 Page 23856 09/03/02 6:00 P.M. BOOK 52 Page 23857 09/03/02 6:00 P.M. implementation schedule to revise the City's Comprehensive Plan, which is a concern. Mr. Matatall stated that the amount has been reduced to $30,000; that much of land use impacts in the Plan must be clarified at the time the amendments to the City's Comprehensive Plan are prepared; that the Commission will be required to make many decisions to implement the Plan; that the result of the decisions cannot be assumed. Commissioner Quillin stated that the CRA ordinance is indicated in FY 2003/04; that much of the documentation in the Plan could be utilized to establishing slum and blight to allow the development of the CRA; that the implementation schedule indicates a cost of $150,000 to the consultant for the finding of necessity, i.e., the finding of slum and blight; and asked for clarification. Ms. Hartman stated that the every possible item requiring consideration is included in the Plan; that the implementation schedule includes suggestions rather than definitive costs. Mr. Matatall stated that the costs could be associated with City Staff time and not necessarily the hiring of consultants; that the indicated cost is an estimate only. Commissioner Quillin stated that certain items should be implemented; that the concern is the funding for the strategies identified in Years 2, 3, and 4; that the economy is not good at the present time; that establishing a CRA could be beneficial in attracting development; that taking pro-active steps in implementation is desired; and asked if more realistic figures can be developed. Mayor Mason stated that a means to identify more realistic figures is not known. Mr. Matatall stated that the figures can be lowered if desired; that the Commission will refine the figures. Commissioner Quillin stated that accurate figures are not known; that for example, a strategic plan will be required to assure implementation is on schedule; that assuring the funds are available is required to allow appropriate budgeting; that realistic cost estimates are required. Mayor Mason stated that the consultants may not be able to provide exact figures. Mr. Moore stated that the figures can be reviewed if desired. Mr. Ward stated that the cost estimates will still be a guess. Commissioner Quillin stated that the costs associated with the CRA and the amendments to the City's Comprehensive Plan are the primary concern and are required prior to implementing the community's first dream for the area; that the desire is to have as accurate figures as possible; that the desire is to be realistic and proactive. Mr. Matatall stated that the Plan is the community's request to the Commission; that high rather than low numbers are presented to assure no surprises develop in the future; that the hope is all the costs will be less than presented. Mr. Matatall continued that the Plan is based on the following principles: Vision, Change, and Resources. Commissioner Martin asked if Whitaker Bayou Greenway Plan includes the blueway. Mr. Matatall stated that the Whitaker Bayou Plan has two pieces: the blueway and the surrounding greenway, including trails and parks, etc. Mayor Mason read into the record two letters: 1. A September 3, 2002, letter from Michael Saunders supporting the Newtown Comprehensive Redevelopment Plan 2020. 2. A September 3, 2002, letter from Melanie Eckstein supporting the Newtown Comprehensive Redevelopment Plan 2020. The following people came before the Commission: Tom Baur, 2427 Walker Circle (34234), stated that as a Newtown resident, most of the meetings concerning the Newtown Comprehensive Redevelopment Plan 2020 have been attended; that he and his wife have been on/off residents and business Owners in Sarasota since 1983; that both of them have lived in different sections of Sarasota over several years time; that both of them BOOK 52 Page 23858 09/03/02 6:00 P.M. BOOK 52 Page 23859 09/03/02 6:00 P.M. have found a beautiful community in the Newtown vicinity and are getting to know the area; that for years, the Newtown area has required the attention of the City and County of Sarasota; that saving the redevelopment of the Newtown Community until last may be a positive as the area is one of the City's greatest treasures; that the Newtown community has an excellent culture; that everyone is welcome to visit the Newtown community and to visit Dr. Martin Luther King, Jr., Park; that the Newtown community has a wonderful culture and heart; that unfortunately, problems exist which must be addressed such as the crime in the Newtown community; that the crime discourages visitors to the Newtown community; that drugs are sold on MLK Way any time of the day or night. Mr. Bauer continued that seeing the City is investing significant funds amounts into the Newtown community is pleasing; that four new police officers are proposed in the fiscal year 2002/03 budget for the Newtown community; that the plans for redeveloping the Newtown Community are moving in a very positive direction; that the FY 2002/03 budget is strong and calls for $12 million in the Capital Improvement Plan for the first five years; that as a taxpayer in the City, he is willing to support the effort; that obtaining the Commission's support of the Newtown Comprehensive Redevelopment Plan 2020 is important; that Mr. Baker has done an excellent job in the presentations; that Ms. Hartman has done a excellent job at all the meetings and has encouraged even the most reluctant members of the community to speak and take part; that the Newtown Comprehensive Redevelopment Plan 2020 is a good strong plan with the support of many other neighborhoods in the City; that the Newtown Comprehensive Redevelopment Plan 2020 has his vote of confidence; that the Commission is requested to adopt the Newtown Comprehensive Redevelopment Plan 2020. Valerie Buchand, 2562 Janie Poe Drive (34234), distributed an article entitled "Housing Matters" in the July 2002 edition of the newsletter of Enphront and an article entitled "The Future of HOPE VI" from the July 17, 2001, edition of Housing News Highlights; and stated that she is before the Commission to represent the residents of the SHA public housing complexes and also as a resident within the Newtown community; that seeing the Newtown community coming together is pleasing; that redevelopment should not be just for individuals which own businesses; that people should not be forced to sell or take a loan on property which is debt-free because society wants the people to get in debt with loans which the people may not live to repay. Ms. Buchand referred to Volume II of the Newtown Comprehensive Redevelopment Plan 2020 which includes information concerning the HOPE VI grant and indicates the variety of housing for mixed- income people should be expanded; that a question is the number of housing units which will be available for low-income people, i.e., those individuals earning below 80 percent of the area median income, and very-low income people, i.e., those individuals earning below 50 percent of the area median income; that redevelopment means a new community, new opportunities, new responsibilities, a new environment, and new tax reform, which is good; however, the very-low to low-income people who are often forgotten must be remembered; that all low-income people are not welcome in all communities; that racism still exists in Sarasota and Manatee Counties; that people such as the people living in public housing cannot just live anywhere; that decisions as always are being made by those who make money, have the money, and can force the issues of redevelopment for the Newtown community. Ms. Buchand continued that programs are in place; however, the question is if the programs are working or are the programs just for show; that another question is the outcome if low-income residents are removed from their homes and the programs fail; that meaningful programs for low- to very-low income residents should be included in the Newtown Comprehensive Redevelopment Plan 2020; that the first and last months' rent and a security deposit are required to rent an apartment or a house; that home ownership programs for low-income residents have happened; however, the people do not own the property because the property goes back to the financial institution at the time a crisis arises and/or the person passes away; that the Newtown community consists of low- to very-low income residents; that a meaningful program must be included in the Newtown Comprehensive Redevelopment Plan 2020 for these residents. Ms. Buchand further stated that the article "The Future of HOPE VI" presents the facts about the status of the Hope VI grant program sponsored by Department of Housing and Urban Development (HUD) of which everyone may not be aware; that the Commission should deal with the facts if the Hope VI grant application is not approved for the Newtown community; that the question is the manner in which the City will help low-income residents in Newtown if the Hope VI grant application fails. Commissioner Quillin stated that a weak portion of the Plan is the Sarasota Housing Authority (SHA) which is one of the largest property owners in the north part of the City; that a discussion of the HOPE VI is included in the Plan; that the strategy if HOPE BOOK 52 Page 23860 09/03/02 6:00 P.M. BOOK 52 Page 23861 09/03/02 6:00 P.M. VI is not obtained is not known; that the Commission has not received any information from the SHA; that any developer will be interesting in knowing the plans for the entire area; that the alternatives should be known if HOPE VI is not received. Vice Mayor Palmer stated that the City should be working with the SHA concerning the Plan, the Enterprise Zone, the suggested Front Porch Initiative, etc.; that the SHA must be involved. Mayor Mason stated that the SHA has been involved. Mr. Ward stated that the work on the Plan was coordinated with the SHA. Vice Mayor Palmer stated that the SHA has not been before the Commission concerning the Plan; that the SHA was previously requested to come before the Commission to provide a status of the HOPE VI grant; that the concern is just to assure all the pieces of the puzzle are coordinated. Mayor Mason stated that a letter should be sent to the SHA outlining the concerns and requesting answers if HOPE VI is a question; that the SHA Executive Director has been at every meeting concerning the Plan; that HOPE VI is related to but separate from the Plan; that the request to the SHA should be formalized in letter form. Commissioner Quillin stated that the SHA is one of the largest property owners in the area; that the alternatives should be known if HOPE VI is not received; that all entities should be proceeding in the same direction. On motion of Vice Mayor Palmer and second of Commissioner Servian, it was moved to direct the City Attorney to prepare an ordinance to.adopt the Newtown Redevelopment Comprehensive Plan 2020 and set the ordinance for public hearing. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. Mayor Mason stated that the Commission can take formal action concerning the SHA if desired and asked the wishes of the Commission. On motion of Commissioner Quillin and second of Vice Mayor Palmer, it was moved to send a letter to the Sarasota Housing Authority asking the status of the HOPE VI grant and the alternative plans if HOPE VI is not received. Commissioner Martin asked if a presentation from the SHA could be requested? Vice Mayor Palmer stated that a presentation can be scheduled as convenient. Mayor Mason called for a vote on the motion. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. 25. NEW BUSINESS: APPROVAL RE: DENY REQUEST OF THE OAKWOOD MANOR HOMEOWNER'S ASSOCIATION, INC. / FOR THE STREET TREE PROGRAM - APPROVED TO PURCHASE 10 LIVE OAKS AND 4 CREPE MYRTLES (AGENDA ITEM VIII-3) CD 12:25 through 12:35 William Hallisey, Director of Public Works, came before the Commission, displayed a map of Oakwood Manor and the surrounding area on the Chamber monitors, and stated that Oakwood Manor is a resident-owned, 55 and older community of 647 mobile homes on the southside of Fruitville Road, west of Beneva Road; that at the July 15, 2002, meeting, the Board of Directors of the Oakwood Manor Homeowners Association (Board) voted unanimously to participate in the City's Green Canopy Partnership; that the Board has requested the City plant 400 Queen Palm, 10 Live Oaks and 4 Crepe Myrtles over a three-year period along the roadway within the Oakwood Manor community; that the cost to install the number of trees requested is estimated to be $54,000; that $150,000 is budgeted annually for street trees; that the project generally meets the guidelines of the City's Green Canopy Partnership; however, two major issues are presented; that the first issue is the proposed tree planting would be on private property; that to date, the City has not planted trees along private roadways; therefore, Commission authorization is necessary to move forward with the program; that the second issue is the City generally does not plant such a large number of palm trees; that generally palm trees are considered as fill- in or to carry out a particular theme; that generally, the effort is to create a tree canopyi that the Board has agreed to indemnify the City, sign a hold harmless agreement with the City, and to maintain the trees; that the presentation is to allow representatives of the Board to explain the proposed program and respond to questions; however, the Administration recommends a motion to deny the request. BOOK 52 Page 23862 09/03/02 6:00 P.M. BOOK 52 Page 23863 09/03/02 6:00 P.M. Commissioner Martin stated that planting trees on private property in the City is not necessarily objectionable, particularly if the trees add to the City's tree canopy; that the community is deed restricted; that palm trees do not add significantly to the tree canopy; that some compromise may be possible. Commissioner Quillin referred to the map and stated that the community has some older oak trees and asked the reason for selecting palm trees? Mr. Hallisey stated that the Board requested palm trees. Bryan Zuerner, 3722 Oakwood Boulevard South, President of the Oakwood Manor Homeowners Association, came before the Commission and stated that public events are held in Oakwood Manor; that the clubhouse is the voting location for Precinct 100; that public social events are held; that residents pay approximately $323,500 in gross taxes; that almost $10,000 in taxes is paid on the common ground; that the community is responsible for the aesthetics; that constant attrition of the trees and landscaping occurs; that being made aware of the City's Green Canopy Partnership was thrilling. Commissioner Martin asked the placement of the 400 palm trees and if other trees could be utilized? Mr. Hallisey stated that the palm trees would be planted along roadways; that the Queen Palm is the specific tree requested. Commissioner Quillin stated that a list of available trees is generally provided to participating neighborhoods; and asked if the Queen Palm is already existent in the community? Mr. Hallisey stated that the community originally had Queen Palms; that the Board was interested in reestablishing the palm canopy. Commissioner Quillin asked if Queen Palms still exist in the community? Mr. Hallisey stated that a few Queen Palms are left; that a windshield survey of the area was conducted; that a fill-in number and reestablishment was determined based on the planting guidelines; that most of the Queen Palms were taken out or lost to storm, damage, or disease. Commissioner Martin asked if Queen Palms are generally offered on the street-tree program? Mr. Hallisey stated that palm trees are offered but generally not Queen Palms; that Cabbage or Sable Palms are generally used; that Queen Palms are comparable in cost; that Queen Palms are generally not installed due to the high maintenance. Mr. Zuerner referred to the map and indicated that some areas for the tree planting have public street exposure, specifically on Fruitville Road and Oakwood Boulevard at the approach to the clubhouse at which public events are held. Commissioner Martin asked if the requested trees with public street exposure are the Live Oaks and the Crepe Myrtles? Mr. Zuerner stated yes. Commissioner Quillin stated that the community is deed restricted, a few of which exist in the City; that Oakwood Manor is beautifully maintained; that the shuffleboard association contacted her during the completion of the Parks + Connectivity Master Plan; that the City removed shuffleboards from the area near the Municipal Auditorium a number of years ago; that Oakwood Manor agreed shuffleboard competitions could be held on the community property. Commissioner Quillin referred to the flyer concerning the Green Canopy Partnership and stated that the program is for City residents with no indicated restrictions concerning public or private property; and asked if the City performs streetsweeping in the community? Mr. Hallisey stated no. Commissioner Quillin stated that the garbage is collected. Mr. Hallisey stated that is correct; that the City also owns the water and sewer utilities in the community; that none of the streets or infrastructure is maintained. Commissioner Quillin stated that the Board has indicated the trees will be maintained. BOOK 52 Page 23864 09/03/02 6:00 P.M. BOOK 52 Page 23865 09/03/02 6:00 P.M. On motion of Commissioner Quillin, it was moved to approve the request of Oakwood Manor Homeowners Association to plant 400 Queen Palm, 10 Live Oaks and 4 Crepe Myrtles. Motion died for lack of a second. On motion of Commissioner Martin and second of Commissioner Servian, it was moved to approve the request of the Oakwood Manor Homeowners Association to plant 10 Live Oaks and 4 Crepe Myrtles. Commissioner Martin stated that a request for 400 Queen Palms is a significant request; that the Queen Palm does not help create the canopy; that planting trees on private property could be supported if the tree canopy is improved; that Queen Palms require a high level of maintenance; that the Board may choose to carefully consider planting Queen Palms; that the request for the Live Oaks and the Crepe Myrtles, which would beautify the entrance to Oakwood Manor and benefit the City, is easily supported; that the Board is encouraged to consider alternative requests, including a cost-matching program. Vice Mayor Palmer asked if any program may be established for private property owners to purchase trees from the City at cost or other alternative programs? Mr. Hallisey stated that no plans currently exist for such program. Vice Mayor Palmer referred to the flyer concerning the Green Canopy Partnership and stated that no limitation to public property was indicated as no plans ever existed to plant trees on private property; that the motion would be supported if the trees would only be planted on streets with access to public corridors such as Fruitville Road or on public streets; however, planting trees on non-public areas cannot be supported; that the City would be in competition with commercial ventures for installing trees or other landscaping; that planting the trees along Fruitville Road is supported. Commissioner Quillin stated that the Crepe Myrtles will be in the center median. Vice Mayor Palmer stated yes; that the street is a public access street; that the entrance to Oakwood Manor has a guardhouse; however, the guardhouse is not staffed. Commissioner Quillin stated that the guardhouse has never been staffed during her trips to Oakwood Manor. Mr. Hallisey stated that the row of Live Oaks will face Fruitville Road and is adjacent to the right-of-way; that the entrance road is private property. Vice Mayor Palmer stated that the Crepe Myrtles will be on private property. Commissioner Quillin stated that the Crepe Myrtles will be planted near the clubhouse which is the voting location for Precinct 100. Mayor Mason returned to the Chambers at 12:35 a.m. Vice Mayor Palmer called for a vote on the motion. Motion carried unanimously (4 to 1): Martin, yes; Palmer, no; Quillin, yes; Servian, yes; Mason, yes. 26. NEW BUSINESS: ADOPTION RE: PROPOSED RESOLUTION NO. 02R- 1524, AUTHORIZING THE MAYOR ON BEHALF OF THE CITY OF SARASOTA, FLORIDA TO EXECUTE THE AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND THE CITY OF SARASOTA FOR THE TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT; ETC. (TITLE ONLY) = ADOPTED (AGENDA ITEM VIII-6) CD 12:35 through 12:38 Dennis Daughters, Director of Engineering/City Engineer, came before the Commission and stated that the City has had an agreement with the Florida Department of Transportation (FDOT) for 22 years to maintain traffic signals on State highways; that the FDOT submitted a proposed agreement for the City to continue the maintenance and in addition provided funds; that the proposed agreement had a provision regarding indemnification which was not acceptable to the City Attorney's Office or Engineering Staff; that negotiations continued with the FDOT; that an agreement was reached late on September 3, 2002; that the FDOT has agreed to remove the provision and modified some other provisions at the City's request; that the efforts of Michael Connolly, Attorney, City Attorney's Office are appreciated to finalize the Traffic Signal Maintenance Agreement between the FDOT and the City. BOOK 52 Page 23866 09/03/02 6:00 P.M. BOOK 52 Page 23867 09/03/02 6:00 P.M. Mr. Daughters distributed the Traffic Signal Maintenance Agreement and stated that Staff recommends Commission approval of the Traffic Signal Maintenance and Compensation Agreement and Resolution No. 02R-1524 authorizing the Mayor to execute and the City Auditor and Clerk to attest to same. Vice Mayor Palmer stated that the provision regarding indemnification was vehemently opposed; that the efforts of Engineering Staff and the City Attorney's Office are appreciated; that the Traffic Signal Maintenance Agreement is acceptable as presented and will be supported. City Auditor and Clerk Robinson read proposed Resolution No. 02R-1524 by title only. On motion of Vice Mayor Palmer and second of Commissioner Quillin, it was moved to approve the Traffic Signal Maintenance and Compensation Agreement and Resolution No. 02R-1524 authorizing the Mayor to execute and the City Auditor and Clerk to attest to same. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): : Mason, yes; Palmer, yesi Quillin, yesi Servian, yes; Martin, yes. 27. ADJOURN (AGENDA ITEM XII) CD 12:38 There being no further business, Mayor Mason adjourned the Regular meeting of September 3, 2002, at 12:38 a.m. ashhg CAROLYN J. MASON, MAYOR ATTEST: BL ERaluns LEY E9 RO INSON, CITY AUDITOR AND CLERK