BOOK 52 Page 23889 09/16/02 6:00 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF SEPTEMBER 16, 2002, AT 6:00 P.M. PRESENT: Mayor Carolyn J. Mason (arrived at 6:31), 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: Vice Mayor Palmer The meeting was called to order in accordance with Article III, Section 9(a) of the City of Sarasota Charter at 6:00 p.m. City Auditor and Clerk Robinson gave the Invocation Eollowed by the Pledge of Allegiance. Vice Mayor Palmer stated that the Mayor is delayed due to participation in the Police Volunteer Program but will be arriving shortly. 1. PRESENTATION RE : RECOGNITION AND THANK YOU TO THE CITY FOR FUNDING OF GOODWILL/ S GOODHOMES PROGRAM FOR AFFORDABLE HOUSING CD 6:02 through 6:05 Vice Mayor Palmer requested that Peggy Roberts, President of Mission Services, Goodwill Industries of Manasota (Goodwill), Johnny Hunter, Member of the Board of Directors, and Laura Carter, Project Manager, GoodHomes of Manasota, Inc. (GoodHomes), join her and the Commission at the Commission table. Ms. Roberts requested that Donald Hadsell, Director of Housing and Community Development, and Jane Hindall, Program Manager for Housing and Community Development, join her and the Commission at the Commission table; and stated that Goodwill sponsors the GoodHomes Program; that the City has provided significant funding since July 2000; that the GoodHomes Program sponsors the building of new homes and rehabilitation of existing homes, many of which are in the City; that funding is received from the Office of Housing and Community Development, which provides a combination of City and County funds; that 13 homes have been built and 2 are in progress; that assistance may not be available immediately for many clients; however, education has been provided, resulting in the placement of five people in homes outside of the GoodHomes Program; that the hope is to increase production; that a significant difference has been made in the lives of numerous people in the last two years, which is a wonderful beginning. Ms. Roberts presented the Commissioners with a book depicting the homes built by the GoodHomes Program and the families who live in the homes; and stated that the City's assistance is greatly appreciated; that the hope is to construct many more homes for qualified families; that the Office of Housing and Community Development is important to the GoodHomes Program; that Staff of the Office of Housing and Community Development has been supportive and allowed time to learn the process of providing affordable housing; and presented a plaque to Mr. Hadsell in appreciation of his efforts and the efforts of departmental Staff in working with GoodHomes and for the contribution to affordable housing in the City. Mr. Hadsell stated that the work of GoodHomes and other partners in providing affordable housing is appreciated; that 3,600 families have been assisted since October 1, 1995; that the Office of Housing and Community Development does not build houses but rather works with programs which construct affordable housing; and recognized Ms. Hindall who coordinates the effort for the hard work. Mr. Hunt stated that the City has been supportive in assisting 20 families in obtaining affordable housing and thanked the City for the continued support. Ms. Roberts thanked V. Peter Schneider, Deputy City Manager, and Jerry Gray, Executive Director, Growth Management Business Center, Sarasota County, who comprise the management review team which reviews all applications and loans. Vice Mayor Palmer stated that the efforts of Ms. Roberts and the other good people at Goodwill and with the GoodHomes Program are appreciated. 2. PRESENTATION RE: : MAYOR'S CITATION RECOGNIZING THE CHAMBER OF COMMERCE OF GREATER SARASOTA FOR BEING NAMED FLORIDA CHAMBER OF THE YEAR CD 6:05 through 6:11 BOOK 52 Page 23890 09/16/02 6:00 P.M. BOOK 52 Page 23891 09/16/02 6:00 P.M. Vice Mayor Palmer requested that Vernon Buchanan, Chairman of the Board of Directors, Rex Richards, President, and Bill Couch, Senior Vice President, Greater Sarasota Chamber of Commerce, join her and the Commission at the Commission table. Vice Mayor Palmer stated that the City has recently received numerous awards including the best small city in the US and one of the best seven cities in the country for. retirement; that having the Greater Sarasota Chamber of Commerce recognized as the best Chamber in the State adds one more recognition to a wonderful record in the City; read in its entirety the Mayor's Citation recognizing the Greater Sarasota Chamber of Commerce as having been named "Outstanding Chamber of the Year" for 2002 by the Florida Association of Chamber Professionals; that the award is the highest recognition a Chamber can receive in Florida; that the Chamber received the award based on an outstanding record in economic development, membership recruitment and retention, committee activity, member services and programs, governmental relations, special events, and small business assistance; and extended congratulations and presented the Mayor's Citation to the representatives of the Greater Sarasota Chamber of Commerce. Mr. Buchanan stated that 30 volunteers from diverse areas of the community assist the Greater Sarasota Chamber of Commerce; that the efforts and dedication of the Board and Staff of 22 full-time people are appreciated; that many people from the community contribute and make a difference; that during the last two years as Chairman of the Board of Directors, the concept of good life and good business has been advocated; that the Greater Sarasota Chamber of Commerce is interested in achieving the best for the community; that the best place to live was sought in his moving to the City; that a wonderful community is good for business, which is the philosophy of the Greater Sarasota Chamber of Commerce; that the Chamber's website receives 450,000 visits monthly or 5 million annually, representing people looking at the City as a place to live, to do business, to vacation, etc.; that the focus is teamwork; that the interest is to work even more closely with the Commission to make the City the best place in the country in which to live; that continuous improvement is the objective; that the City has a wonderful balance between continuing and managing development; that the accomplishments of the past two years are exciting; that more work remains; and thanked the Commission for the leadership. Mr. Richards thanked the Commission for the recognition and stated that the Greater Sarasota Chamber of Commerce has worked hard to put the City on the national mapi that recent visitors from China indicated the City of Sarasota is recognized as a great City in the world; that the Commission is recognized for many years of activity which has built the City into a world-class city; that the accomplishments were not achieved overnight but rather through the commitment of present and former Commissioners, former City Managers, and many others who are proud to call the City home. Vice Mayor Palmer stated that the efforts of the Greater Sarasota Chamber of Commerce are greatly appreciated. 3. CHANGES TO THE ORDERS OF THE DAY - APPROVED CD 6:11 through 6:13 City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Remove under Consent Agenda No. 2, Item No. III.B.7, Adoption Re: Second reading of 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, per the request of Applicant Mikki Hartig, as agent representing Wanda Rayle, as Trustee under Trust dated February 22, 1998. B. Add under Unfinished Business, Item No. VII-4, Adoption Re: Proposed Resolution No. 02R-1529, pertaining to the Celebrate Sarasota 100th Year Anniversary; making findings; establishing a steering committee to assist the City Commission to provide structure for the 100th Year Anniversary Celebration and oversee expenditure of budgeted City funds; appointing members to the Steering Committee, per the request of City Manager McNees. Vice Mayor Palmer asked if the Commission had any objections to the Changes to the Orders of the Day? Vice Mayor Palmer stated that hearing no objections, the Changes to the Orders of the Day are approved by unanimous consent. BOOK 52 Page 23892 09/16/02 6:00 P.M. BOOK 52 Page 23893 09/16/02 6:00 P.M. 4. APPROVAL RE : MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF SEPTEMBER 3, 2002 = APPROVED (AGENDA ITEM I-1) CD 6:13 through 6:14 Vice Mayor Palmer asked if the Commission had any changes to the minutes? Vice Mayor Palmer stated that hearing no changes, the minutes of the September 3, 2002, Regular Commission meeting are approved by unanimous consent. 5. CONSENT AGENDA NO. 1: ITEM NOS. 2, 3, 4, 5, 6, AND 7 APPROVED ; ITEM NO. 1 - WILL BE CONSIDERED UNDER UNFINISHED BUSINESS AS AGENDA ITEM VIII-2 (AGENDA ITEM III-A) CD 6:14 through 6:15 Commissioner Martin requested that Item No. 1 be removed for discussion. 2. Approval Re: Authorize the Mayor And City Auditor and Clerk To Execute the Eminent Domain Funding Agreement For The Ritz-Carlton/Eminent Domain Project 3. Approval Re: Workers' Compensation Settlement Agreement between the City of Sarasota and Johnnie Jones, Jr., in the amount of $36,000. 4. Approval Re: Authorize the administration to negotiate and the Mayor and City Auditor and Clerk to execute a contract with the first ranked firm, Grubbs Emergency Management, Inc., (RFP #02-41M) for pre-event disaster recovery services. 5. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the First and Second Extension to Lease Agreement between the City of Sarasota and Monday Morning Corporation for the renewal of the Office of Housing and Community Development Lease at 1567 Main Street, Sarasota, Florida 34236. 6. Approval Re: Authorize the City Attorney to prepare a contract between the City of Sarasota and Jon F. Swift Inc. General Contractors, for the construction of new office space in the Martin Luther King Resource Center for the use of the City Neighborhood Redevelopment Office. 7. Approval Re: City Grant Funding: Monthly activities report from the Greater Downtown Sarasota Action Team (GDSAT). On motion of Commissioner Martin and second of Commissioner Quillin, it was moved to approve Consent Agenda No. 1, Item Nos. 2, 3, 4, 5, 6, and 7. Motion carried unanimously (4 to 0): Martin, yes; Palmer, yes; Quillin, yesi Servian, yes. City Auditor and Clerk Robinson stated that Consent Agenda No. 1, Item No. 1, will be considered under Unfinished Business as Agenda Item VIII-2. 6. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 02R-1527) ADOPTED; ITEM 2 (RESOLUTION NO. 02R-1533) = ADOPTED ; ITEM 3 (RESOLUTION NO. 02R-1534) - ADOPTED; ITEM 4 (ORDINANCE NO. 02-4376) -= ADOPTED i ITEM 5 (ORDINANCE NO. 02-4378) ADOPTED; ; ITEM 6 (ORDINANCE NO. 02-4390) - ADOPTED; ITEM 7 (ORDINANCE NO. 02-4396) - REMOVED UNDER CHANGES; ITEM 8 (ORDINANCE NO. 02-4397) - ADOPTED ; ITEM NO. 9 (ORDINANCE NO. 02-4399) = ADOPTED, ; AND ITEM 10 (ORDINANCE NO. 02-4402) - ADOPTED (AGENDA ITEM III-B) CD 6:15 through 6:22 1. Adoption Re: Proposed Resolution No. 02R-1527, accepting abatement of nuisance and cost reports pertaining to the removal of accumulations of junk, rubbish, trash or other offending matter; directing the assessment of a lien against all real or personal property owned by the violator for the amount stated therein; etc. (Title Only) 2. Adoption Re: Proposed Resolution No. 02R-1533, authorizing the salaries of the City Manager and City Auditor and Clerk, effective October 2, 2002, determining which officers shall give bond and the amounts thereof; providing additional compensation for longevity; etc. (Title Only) 3. Adoption Re: Proposed Resolution No. 02R-1534, adopting the revised Position Classification/ Compensation Plan; authorizing employees, for whom collective bargaining is not required, except provided herein, an increase in the rate of pay as provided herein, effective October 2, 2002, authorizing the BOOK 52 Page 23894 09/16/02 6:00 P.M. BOOK 52 Page 23895 09/16/02 6:00 P.M. City Manager and City Auditor and Clerk to continue to administer the revised Position Classification/ Compensation Plan requirements; providing compensation for longevity; etc. (Title Only) 4. Adoption Re: Proposed Ordinance No. 02-4376, amending the Sarasota City Code, Chapter 32, 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 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 percent of the municipal excise tax imposed on purchasers of electrical energy; repealing ordinances in conflict, etc. (Title Only) 5. Adoption 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 administrative 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, -10 and -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 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 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/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) 6. Adoption Re: Proposed Ordinance No. 02-4390, to rezone real property consisting of + 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 (US 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 subject 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 02-SP-19; repealing ordinances in conflict; etc. (Title Only) (Application Nos. 02-RE- 08, 02-SP-19 and 02-ROA-04, Applicant Joel Freedman, Freedman Consulting Group, Inc., as agent representing 1224 Holdings, Ltd., as owner) 8. Adoption Re: Proposed Ordinance No. 02-4397, providing for the designation of the structures BOOK 52 Page 23896 09/16/02 6:00 P.M. BOOK 52 Page 23897 09/16/02 6:00 P.M. located at 5050 Byrwill Circle, historically known as the Bryson-Crane House, as structures of historic significance pursuant to the Historic Preservation Ordinance of the City of Sarasota; more particularly described herein; etc. (Title Only) (Application No. 02-HD-02, Applicant Mikki Hartig, as agent representing Robert M. Casella and Paige McMichael as owners) 9. Adoption Re: Proposed Ordinance No. 02-4399, to rezone a + .15 acre site located west of South Links Avenue, a/k/a 238 South Links Avenue; 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 M. Sweet, as owner) 10. Adoption Re: Proposed Ordinance No. 02-4402, to update and modify projects related to level of service standards in the Capital Improvements Plan of the Comprehensive Plan of the City of Sarasota, also called the Sarasota City Plan, 1998 edition; 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; repealing ordinances in conflict; providing for the severability of the parts hereof; etc. (Title Only) City Auditor and Clerk Robinson read proposed Resolution Nos. 02R-1527, 02R-1533, 02R-1534, and proposed Ordinance Nos. 02-4376, 02-4378, 02-4390, 02-4397, 02-4399, 02-4402 by title only. On motion of Commissioner Servian and second of Commissioner Martin, it was moved to adopt Consent Agenda No. 2, Item Nos. 1, 2, 3, 4, 5, 6, 8, 9, and 10. 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. Vice Mayor Palmer 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. 7. NON QUASI-JUDICIAL PUBLIC HEARING RE : PROPOSED RESOLUTION NO. 02R-1536, AMENDING THE ONE PERCENT LOCAL GOVERNMENT INFRA- STRUCTURE SALES SURTAX 10-YEAR EXTENSION EXPEND. ITURE PROJECT DETAIL LIST AS AUTHORIZED BY SARASOTA COUNTY ORDINANCE NO. 97-083; ADDING NEW PROJECTS; REALLOCATING FUNDING BETWEEN PROJECTS; REALLOCATING FUNDING BETWEEN FISCAL YEARS; ETC. (TITLE ONLY) - ADOPTED (AGENDA ITEM IV-A-1) CD 6:23 through 6:30 Vice Mayor Palmer stated that proposed Resolution No. 02R-1536 is to amend the Local Option Sales Tax (L.0.S.T.) extension, also called the penny sales tax. Gibson Mitchell, Director of Finance, came before the Commission and stated that the proposed fiscal year (FY) 2002/03 Capital Improvement Plan (CIP) has a different allocation of the L.O.S.T. projects as to spending amounts and timing of completion compared to the Sarasota County Ordinance 97-083 which the voters approved on November 4, 1997; that the City is required to hold a public hearing on proposals amending the L.O.S.T.i that the following hearings were held to amend the L.0.S.T.: April 5, 1999 Resolution No. 99R-1172 September 7, 1999 Resolution No. 99R-1199 September 5, 2000 Resolution No. O0R-1295 September 4, 2001 Resolution No. 01R-1401 BOOK 52 Page 23898 09/16/02 6:00 P.M. BOOK 52 Page 23899 09/16/02 6:00 P.M. April 1, 2002 Resolution No. 02R-1485 Mr. Mitchell referred to the L.0.S.T. project table included in the Agenda backup material and stated that all 40 projects indicated on the table were approved by the voters on the November 4, 1997, ballot; that the dollars spent on the projects will remain the same with the exception of the Curb and Gutter Placement program; that only the timing and amounts in a particular year have changed for the remaining projects; that Curb and Gutter Placement program was approved by the voters in 1997 for $3.5 million; that the Environmental Land Management Study (ELMS) Gas Tax will fund $2 million of the Curb and Gutter Placement program; that previous amendments to the L.O.S.T. have indicated the L.0.S.T. fund will repay the $2 million to the ELMS Gas Tax Fund; that the repayment is not occurring; that only $200,000 will be repaid to the ELMS Gas Tax; that $1.8 million of the $3.5 million will not be repaid by L.O.S.T.; that the funding from the L.0.S.T. will be utilized to fund new initiative projects; that the Administration recommends adopting proposed Resolution No. 02R-1536. Commissioner Quillin referred to the Contingency Reserve sections of the project table included in the Agenda backup material and asked for clarification of the decrease in the Contingency Reserves. Mr. Mitchell stated Contingency Reserves are comprised of two funds: 1) Contingency Reserves for Future Projects for all Neighborhoods, and 2) Contingency Reserves for Community Projects; that the following projects indicate the allocations of the Contingency Reserves: Future Projects for all Neighborhoods: Residential Traffic Calming $1,200,000 Community Projects: Seawall Reconstruction 450,000 Skateboard Park 400,000 Ringling Causeway Landscape 315,000 Federal Building Renovation 750,000 Newtown Recreation Center Pool Rehabilitation 407,000 Fredd Atkins Park Improvements 73,000 Commissioner Quillin stated that the allocation of funding to the projects as proposed will result in Contingency Reserve ending balances of $322,257 for Future Projects for all Neighborhoods and $846,743 for the Community Projects. Mr. Mitchell stated that is correct. Commissioner Martin asked the method of allocating Contingency Reserves to Future Projects for all Neighborhoods and Community Projects? Mr. Mitchell stated that the allocations are based on the direction of the Commission. Commissioner Martin stated that the allocation for Seawall Reconstruction is funded by the Contingency Reserves for Future Projects for all Neighborhoods; however, seawall reconstruction is not a future project in a neighborhood. Mr. Mitchell stated that the requests for funding certain projects are from the Commission; that the Commission directs Staff to attempt to identify funding; that achieving $58.4 million in revenue through the L.O.S.T. would have been difficult to believe in 1997; that actual revenues have exceeded the anticipated revenues every year for the last three years; therefore, recommending not dipping into reserves is difficult. Commissioner Servian stated that spending the Contingency Reserves and the possibility of running out of funding for ongoing projects are concerns of the public; and asked for clarification of funding for ongoing projects. Mr. Mitchell stated that anticipated L.0.S.T. revenues for the City have been exceeded; that recommending holding the revenue reserves for the future is difficult; that the goal is to meet the requests of the Commission, meet the needs of the community, and still be a responsible government. Commissioner Servian stated that projects could be accelerated due to the excess revenues. Vice Mayor Palmer opened the public hearing. There was no one signed up to speak and Vice Mayor Palmer closed the public hearing. City Auditor and Clerk Robinson read proposed Resolution No. 02R-1536 by title only. On motion of Commissioner Quillin and second of Commissioner Servian, it was moved to adopt proposed Resolution No. 02R-1536. BOOK 52 Page 23900 09/16/02 6:00 P.M. BOOK 52 Page 23901 09/16/02 6:00 P.M. Vice Mayor Palmer requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Palmer, yes; Quillin, yes; Servian, yes; Martin, yes. Commissioner Quillin asked the date of the next L.0.S.T. Citizens' Oversight Committee (Committee) meeting? Mr. Mitchell stated that the meeting is scheduled for December 5, 2002, at 2:00 p.m. Vice Mayor Palmer stated that several vacancies exist on the Committee. City Auditor and Clerk Robinson stated that a memorandum indicating the vacancies will be distributed September 17, 2002. 8. NON QUASI-JUDICIAL PROPOSED RESOLUTION NO. 02R-1537, CERTIFYING TO THE PROPERTY APPRAISER AND THE TAX COLLECTOR OF SARASOTA COUNTY, THE RATES OF MILLAGE TO BE LEVIED BY THE CITY OF SARASOTA FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2002; ESTABLISHING THE GENERAL FUND OPERATING MILLAGE AT 2.6917 WHICH IS 20.14 PERCENT HIGHER THAN THE ROLLED-BACK MILLAGE RATE OF 2.2404; ESTABLISHING THE DEBT SERVICE MILLAGE AT .5455; ETC. (TITLE ONLY) = ADOPTED AND NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 02-4410, APPROVING A BUDGET; AND MAKING APPROPRIATIONS OF SUMS OF MONEY FOR ALL EXPENDITURES OF THE CITY; FOR THE FISCAL YEAR BEGINNING ON OCTOBER 1, 2002, AND ENDING ON SEPTEMBER 30, 2003; PRESCRIBING THE TERMS CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATION AND THEIR PAYMENT; PROVIDING FOR SUPPLEMENTAL APPROPRIATIONS AND REAPPROPRIATIONS; PROVIDING FOR THE SEVERABILITY OF PARTS HEREOF IF DECLARED INVALID; ETC. (TITLE ONLY) ADOPTED ON SECOND READING (AGENDA ITEM IV-A-2) CD 6:30 through 6:40 Vice Mayor Palmer opened the public hearing and stated that proposed Resolution No.02R-1537 certifying to the Property Appraiser and the Tax Collector of Sarasota County the City's millage rates for the fiscal year beginning October 1, 2002, and proposed Ordinance No. 02-4410 to approve the budget will be heard together. Gibson Mitchell, Director of Finance, came before the Commission and stated that the public hearing concerning proposed Ordinance No. 02-4410 is second of two required public hearings for adoption of the City's budget for fiscal year (FY) 2002/03 beginning October 1, 2002, and ending September 30, 2003; that the Truth In Millage (TRIM) Bill must be discussed at the public hearing before entering into discussions regarding the budget; that the TRIM bill requires the proposed operating millage rate for the ad valorem taxes be measured in terms of the rolled-back rate; that the rolled-back rate is the millage rate necessary to yield the same ad valorem tax revenue as generated for the FY 2001/02 budget; that the preliminary certification of taxable value is 4,897,460,398 or a 16.3 percent increase over taxable value for FY 2001/02; therefore, the rolled-back rate is 2.2404 mills; that the proposed operating millage of 2.6917 mills is a 20.14 percent increase over the rolled-back rate of 2.2404; that the proposed General Fund budget requires an increase of 0.1991 mills from the current operating millage of 2.4926 mills to 2.6917 mills, an increase over the current rate of 7.99 percent. Mr. Mitchell continued that proposed Resolution No. 02R-1537 is to certify to the Property Appraiser and the Tax Collector of Sarasota County the City's millage rates; that the Commission is required to adopt proposed Resolution No. 02R-1537 prior to adopting proposed Ordinance No. 02-4410 approving the budget; that the proposed operating millage of 2.6917 mills will yield $11,011,244 in ad valorem tax revenue for the General Fund which is an increase of $1,772,861 or 19.19 percent over the FY 2001/02 budget; that the TRIM bill requires the identification of specific purposes for which the ad valorem taxes are increased which are as follows: Amount Mills Enhanced Street Patrol Newtown $373,148 0.0913 Police Internal Affairs Personnel 40,075 0.0098 Neighborhood Services Enhancements 79,592 0.0195 Health Insurance Contribution 987,190 0.2414 Salary Adjustments 896,850 0.1078 Mr. Mitchell further stated that the voted debt service millage is proposed at 0.5455 mills which is a 19.63 percent decrease from the current debt service of 0.6787 mills; therefore, the total millage required to finance the proposed budget is 3.2372 mills which is a 0.0659 mill or 2.08 percent increase over the current rate of 3.1713 mills; that the impact of the millage BOOK 52 Page 23902 09/16/02 6:00 P.M. BOOK 52 Page 23903 09/16/02 6:00 P.M. increase to the average owner-occupied taxable home of $149,292 after the homestead exemption of $25,000 for FY 2002/03 is as follows: Millage Rate Amount Change $149,262 Assessed Value - $124,262 Taxable Value Operating 2.6917 m $334.48 $24.74 Debt Service 0.5455 m 67.78 (16.56) TOTAL 3.2372 m $402.26 $8.18 Mary Ciner, 1714 Waldemere Street (34239), came before the Commission and stated that the Budget Workshops were viewed on AccessSarasota Channel 19; that the understanding is police officers are paid overtime to work at City-sponsored events; that the City should not sponsor any events for the next five years to reduce the cost of overtime and increase the savings in the budget. Mayor Mason arrived in the Chambers at 6:36 p.m. There was no one else signed up to speak and Vice Mayor Palmer closed the public hearing. City Auditor and Clerk Robinson read proposed Resolution No. 02R-1537 by title only. On motion of Commissioner Martin and second of Commissioner Servian, it was moved to adopt proposed Resolution No. 02R-1537. Commissioner Quillin stated that the FY 2002/03 budget is not supported; that complete information regarding the Sarasota Police Department (SPD) has not been provided; that the lack of continued support to the City by the County for nistoric preservation is a concerni that additionally, City funding for an historic preservation planner should be provided in the FY 2002/03 budget. Vice Mayor Palmer requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried (4 to 1): Quillin, no; Servian, yes; Martin, yesi Mason, yesi Palmer, yesi. City Auditor and Clerk Robinson read proposed Ordinance No. 02-4410 by title only. On motion of Commissioner Servian and second of Commissioner Martin, it was moved to adopt proposed Ordinance No. 02-4410 on second reading. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried (4 to 1): Servian, yes; Martin, yes; Mason, yes; Palmer, yes; Quillin, no. Vice Mayor Palmer passed the gavel to Mayor Mason. 9. NON QUASI-JUDICIAL PUBLIC HEARING RE: 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. (TITLE ONLY) PASSED ON FIRST READING (AGENDA ITEM IV-A-3) CD 6:40 through 6:50 Mayor Mason opened the public hearing. Brian Gorski, Sarasota County Fire Chief, David Harrawood, Executive Director for Emergency Services, and Robert Moore, Union/Labor Relations Manager, Sarasota County, came before the Commission. Fire Chief Gorski stated that proposed Ordinance No. 02-4411 is to delay the distribution of available funds under Section 175, Florida Statutes (175 funds), also known as the Share Distribution from September 30 to December 31, 2002, for active firefighters; that Sarasota County is negotiating with the International Association of Fire Fighters (IAFF), regarding the distribution for active firefighters; that the IAFF supports the delay. Vice Mayor Palmer stated that proposed Ordinance No. 02-4411 indicates the delay in distribution to the 31st of December of each year as opposed to just December 31, 2002; and asked the reason the delay in distribution will be on an annual basis. Fire Chief Gorski stated that the wording in proposed Ordinance No. 02-4411 indicates on an annual basis; however, the request is for a delay to December 31, 2002, while negotiations continue. BOOK 52 Page 23904 09/16/02 6:00 P.M. BOOK 52 Page 23905 09/16/02 6:00 P.M. City Auditor and Clerk Robinson stated that the wording becomes mute if negotiations result in a different outcome. Vice Mayor Palmer stated that the County is required to authorize changes to the pension plan prior to action by the City; and asked if the County has authorized the change? Fire Chief Gorski stated that proposed Ordinance 02-4411 is before the City Commission for first reading; that the next step will be to request the Sarasota Board of County Commissioners (BCC) to adopt a resolution consenting to the changes; that the last step is to bring the request back before the City Commission for second reading. Vice Mayor Palmer stated that the second reading of proposed Ordinance 02-4411 is scheduled for September 23, 2002; and asked if the County will have an opportunity to adopt a resolution consenting to the changes prior to September 23, 2002? Steve DeMarsh, Assistant County Attorney, Sarasota County, came before the Commission and stated that BCC approval is necessary for both proposed Ordinance Nos. 02-4411 and 02-4386; that two BCC meetings are scheduled for September 23 and 24, 2002; that the BBC will have the opportunity to adopt a resolution consenting to the changes to the pension plan during one of the two meetings; that the scheduling of second reading before the City Commission may be delayed by one day. City Auditor and Clerk Robinson stated that discussions were held with County Staff; that the understanding is a resolution would be brought before the County Commission on September 24, 2002; that a Special City Commission meeting is scheduled for September 23, 2002, at 2:00 p.m. for the second reading of proposed Ordinance Nos. 02-4411 and 02-4386; however, the City Commission cannot have a second reading until the County Commission adopts a resolution approving the changes; that the Special City Commission meeting will be canceled and rescheduled for after the BCC has adopted a consenting resolution. Fire Chief Gorski stated that minor changes to the proposed Ordinances were recently received; that the changes have been given to the Assistant County Attorney for review. Vice Mayor Palmer stated that the timing creates a scheduling problem for the City Commission. Mayor Mason stated that she will not be able to attend a City Commission meeting after 2:00 p.m. on September 18, 2002; that she will be out of town until September 22, 2002. Commissioner Quillin stated that the City Commission should be notified in advance if a similar situation occurs in the future; that the issue has caused confusion and anxiety for some City retired firefighters. The following person came before the Commission: Robert McLeod, representing the Retired City Firefighters Association (R.C.F.A), 1913 South Orange Avenue, (34239), stated that the City Commission's listening to the concerns of the R.C.F.A. is appreciated; that anxiety of the R.C.F.A. is an understatementz that last minute changes are a concerni that the Commission is urged to continue to support the position of the retired firefighters; that attendance at a recent R.C.F.A. meeting by the City Manager and the City Auditor and Clerk was appreciated; that both individuals were frank and open regarding the changes to the pension plan which resulted in renewed confidence in the City. There was no one else signed up to speak and Mayor Mason closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 02-4411 by title only. On motion of Commissioner Quillin and second of Commissioner Servian, it was moved to pass proposed Ordinance No. 02-4411 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. 10. PUBLIC HEARING RE : PROPOSED ORDINANCE NO. 02-4386, AMENDING CHAPTER 24, PERSONNEL, ARTICLE II, PENSIONS, DIVISION 2, FIRE, I 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 BENEI EFICIARIES; PROVIDING FOR COMPLIANCE WITH CHAPTER 175 OF THE FLORIDA BOOK 52 Page 23906 09/16/02 6:00 P.M. BOOK 52 Page 23907 09/16/02 6:00 P.M. STATUTES AND THE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT CONCERNING CREDITED SERVICE FOR MILITARY SERVICE; PROVIDING FOR SEVERABILITY OF THE PARTS HEREOF IF DECLARED INVALID; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT, ETC. (TITLE ONLY) - PASSED ON FIRST READING (AGENDA ITEM IV-A-4) CD 6:50 through 6:56 Mayor Mason opened the public hearing. Benita Saldutti, Pension Plans Administrator, came before the Commission on behalf of the Firefighters' Pension Board of Trustees and stated that the State requires the Firefighters' Pension Plan to comply with the minimum standards provided in Chapter 175, Florida Statutes; that proposed Ordinance No. 02-4386 is to amend Section 24-43(c), Article II, Division 2, City Code, to: 1. Remove the remarriage penalty to allow widows to remarry without loss of benefits. Ms. Saldutti stated that one section of the current plan terminates the benefit of a surviving widow if the widow remarries; that Section 175.171, Florida Statutes, specifies the benefit shall be payable for the lifetime of the survivor; 2. Delete the requirement for firefighters called into active military duty to make contributions to the fund to receive credit for service time. Ms. Saldutti that the Firetighters' Pension Plan currently requires an active firefighter who returns to work after serving in the military to make contributions to the fund to receive credit for the military time; that Section 175.032, Florida Statutes, does not allow the pension plan to require contributions from the firefighters; that at the beginning of 2002, a firefighter was called into active military service; that the firefighter is serving in the Middle East and will be directly impacted by the amendment upon his return; 3. Allow retired firefighters to serve as trustee and to vote in trustee election when active membership falls below ten. If no active or retired firefighter is capable of serving, then the remaining board members may elect an individual to serve in the active firefighter seat. Ms. Saldutti stated that in accordance with State law, the current plan provides for two trustees of the Pension Board be active firefighters who are elected by other active firefighters; that Section 175.061, Florida Statutes, was amended to allow retired firefighters to vote in trustee elections and serve as trustees when active membership falls below ten; that the remaining board members may elect an individual to serve in seats for active firefighters if no active or retired firefighter is capable of serving on the board. Ms. Saldutti continued that the amendments set forth in proposed Ordinance No. 02-4386 are required to bring the Firefighters' Pension Plan into compliance with State Statutes; that the State Division of Retirement has written twice to remind the City of its violation of the State Statutes and the requirement to amend the plan; that Gabriel, Roeder, Smith and Company (GRS), I Consultants and Actuaries to the Pension Plan, have furnished a statement included in the Agenda backup material indicating no actuarial impact to the plan; that the IAFF has waived collective bargaining on the proposed Ordinance; that the proposed Ordinance and Agenda backup material was supplied to Sarasota County in June 2002; that a previous speaker incorrectly indicated additional changes were made and only recently provided to the Countyi that the last change to the plan was made on September 12, 2002, at the request of the Countyi that Staff recommends passing proposed Ordinance 02-4386 on first reading. The following person came before the Commission: Steve DeMarsh, Assistant County Attorney, Sarasota County, 1660 Ringling Boulevard, (34236), stated that a presentation will not be provided; that he is available to answer questions on behalf of the County if desired. Vice Mayor Palmer asked for clarification regarding changes recently received. Mr. DeMarsh stated that the comment regarding recently received changes was from another speaker; that he received the changes on September 12, 2002. BOOK 52 Page 23908 09/16/02 6:00 P.M. BOOK 52 Page 23909 09/16/02 6:00 P.M. There was no one else signed up to speak and Mayor Mason closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 02-4386 by title only. On motion of Commissioner Martin and second of Commissioner Quillin, it was moved to pass proposed Ordinance No. 02-4386 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, yes; Palmer, yesi Quillin, yes; Servian, yes; Martin, yes. 11. CITIZENS' INPUT CONCERNING CITY TOPIS (AGENDA ITEM VI) CD 6:56 through 6:57 William Whetzel, Coordinator for St. John's Cemetery, 2805 Mayflower Street, (34231), came before the Commission and stated that five years ago, he volunteered to rejuvenate the St. John's Cemetery; that the City's removal of the ninety-nine, 10-cubic yard loads of rubbish from the cemetery is appreciated; that a cost of $5,000 for the removal would have been incurred by the cemetery; that a four-year clean-up project for the cemetery is nearing completion; that the removal of two trees on the property is necessary; that the weeds from the existing ditch will be removed and replaced with fresh grass; that new grass has been installed in the rest of the cemetery; that Kentucky blue grass will be visible on the property by October 2002; that the City's removal of the rubbish is appreciated. 12. UNFINISHED BUSINESS: PRESENTATION RE: FINAL REPORT FROM THE FLORIDA HOUSE INSTITUTE REGARDING THE LEASE WITH THE CITY FOR THE URBACULTURE SITE - RECEIVED THE FINAL REPORT FROM THE FLORIDA HOUSING INSTITUTE FOR SUSTAINABLE DEVELOPMENT (AGENDA ITEM VII-1) CD 6:57 through 7:15 John Lambie, Director, Florida House Institute (FHI) for Sustainable Development, came before the Commission and thanked the Commission for the opportunity to present the Economic Redevelopment Project regarding the urbaculture project in Newtown. Mr. Lambie stated that the Economic Redevelopment Project begun under a prior Commission; that like the Commission, the current urbaculture project has changed. Mr. Lambie further stated that various groups and people have been working hard on the urbaculture project for a long time; that the project should be dedicated to the late Ray Burton, known as "Big Daddy," who set the tone for the first portion of his work in the Newtown community; that the following organizations and individuals are acknowledged for assistance generated in the first year and a half of the urbaculture project: The Florida Gulf Coast Chapter of the American Institute of Architects, Accurate Irrigation, Asinamali, Ardamon and Associates, the Bayou Oaks Neighborhood Association, Big Daddy's Rib Shack, Bruderly Engineering, the City of Sarasota, the County of Sarasota, Frederick Derr and Company, Inc., Energy Conservation Products, Inc., the Florida State Department of Community Affairs, the Greater Newtown Redevelopment Corporation, Steve Hazeltine, HG & LL, Inc., Sarasota County Cooperative Extension Service, the Indian Beach/Sapphire Shores Neighborhood Association, Lagasse Plumbing, Meyer & Gabbert Excavating, Michael Saunders and Company, Mote Marine Laboratory and Aquarium, Inc., Sarasota Bay National Estuaries Program, New College of the University of South Florida, Osborn Sharp Associates, Pools by Lagasse, the Resource Management Group, the Ringling School of Art and Design, William G. and Marie Selby Foundation, the Southwest Florida Water Management District, Sustainable Energy Systems, Inc., the US Department of Energy, and Zoller Associates Architects Mr. Lambie referred to computer-generated slides displayed on the Chamber monitors throughout the presentation regarding the urbaculture project in Newtown and stated that the urbaculture site was a community dump from 1940 to the mid 1960s which was never officially opened or Closed; that the site was vacant and is still vacant; that from 1988 through 1996 various entities and the City came forward with various initiatives to develop/redevelop the site; that problems existed with the site due to the nature of material dumped on the site; that in 1996, the area was reviewed to identify a location for an urban agriculture demonstration project; that the former dump emerged as a prime candidate for the urban agriculture demonstration BOOK 52 Page 23910 09/16/02 6:00 P.M. BOOK 52 Page 23911 09/16/02 6:00 P.M. project; that a year later, the FHI signed a lease with the City to do the project. Mr. Lambie distributed information to the Commission regarding the urban agriculture demonstration project and stated that the project included an agriculture component which is a demonstration learning center for urban agriculture which is the Urbaculture/Florida Farm Learning Center; that FHI believes the Urbaculture/Florida Farm Learning Center is a good idea; that 30 percent of the world's food is grown in urban agriculture; that FHI was requested to build on the front side of the site a Community Marketplace and Learning Center which was to act as an economic incubator within the community. Mr. Lambie continued that within the first year FHI did considerable site clearing and held volunteer and coalition building meetings; that FHI had an urbaculture groundbreaking ceremony which was excellent and the enthusiasm was remarkable; that the FHI applied for many grants and raised $150,000 in grants within the first year of the project; that the FHI did considerable planning and permitting for the project. Mr. Lambie further stated that the FHI was at the end of the permitting process for the Phase I development portion of the project for the City at the time the Florida Department of Environmental Protection (FDEP) established new standards for former dumps and landfills; that the Southwest Florida Water Management District (SWFWMD) which was normally empowered to give the FHI the stormwater permit was asked by FDEP to stop the process while new brownfield regulations for community dumps such as the urbaculture site were completed. Mayor Mason reterred to the section of the presentation handout which indicated the FDEP requires brownfield assessment, and stated that the urbaculture site was never declared a brownfield. Mr. Lambie stated that is correct; that the language of the Environmental Protection Agency (EPA) for targeted brownfield assessment grants do not require designation of a site as a brownfield to qualify for funding; that the State has brownfield regulations which act as incentives to declare a site a brownfield; however, the urbaculture site has never been declared a brownfield; that nevertheless, the urbaculture site still qualifies for funding; that immediately following the FDEP order, FHI wrote and submitted through the City an application for an EPA targeted brownfield assessment grant of $50,000 for testing and went back to work on the urbaculture site; however, FDEP indicated the amount was not adequate and suggested application be made for a full EPA targeted brownfield assessment grant, which was done; that FHI received $200,000 through the City for the EPA targeted brownfield assessment grant; that the EPA targeted brownfield assessment grant process is very complex and requires significant testing of wells, surface water, and radiometric levels; that FHI has considerable knowledge about the urbaculture site, which contains significant amounts of arsenic, lead, and some polychlorinated biphenyls (PCBs) ; that the hope is no ground water pollution will be found at the urbaculture site; that certain toxins are found in the surface at the site; however, the substances are not leaching into the water; that the urbaculture site is not a deeply contagious site. Mr. Lambie continued that the next brownfield process is called a Remediation Action Plan, which is a generic plan indicating one of the following will be done with the site: 1) the site will be covered with two feet of fill, 2) the most toxic substances such as the PCBS will be dug up, and/or 3) the site will be remediated; that an example is placing roads, a parking lot, or a building slab on the site to sequester the toxic substances in the surface, preventing people and weather from reaching the toxic elements; that an Remediation Action Plan should be in concert with a development plan so the development plan shapes the RAP and vice versa. Mr. Lambie further stated that at minimum two feet of fill will be installed over the entire urbaculture site unless some special remediation work is done, which is the next requirement; that the expected cost of the remediation work is $650,000 to $1.23 million. Commissioner Servian asked if paving over the urbaculture site drives the contaminants further into the ground to perhaps contaminant the water source? BOOK 52 Page 23912 09/16/02 6:00 P.M. BOOK 52 Page 23913 09/16/02 6:00 P.M. Mr. Lambie stated that rain percolates through the contaminates and carries the contaminants into the ground water; that any toxic substances on the site have been at the site for the past 35 years and are still not showing up in the water wells and sources; that the FDEP was more concerned with preventing more toxic substances from leaching rather than other problems caused with paving. Mr. Lambie continued that FHI is currently seeking $1 million in funding for remediation; that no grants exist today; that a $200,000 Environmental Protection Agency (EPA) brownfield remediation grant exists but is a question regarding if the EPA brownfield remediation grant is to be Eunded or not for the present year is in question; that redevelopment loans from the Department of Housing and Urban Development (HUD) for brownfields exist but must be paid back; that the HUD redevelopment loans are laborious to obtain. Mr. Lambie referred to architectural schematic drawings of various views of suggested development on the site displayed on the Chamber monitors and stated that FHI considered methods to develop the urbaculture site privately in partnership with the City and other community partners to redevelop the site for the market place; that new ideas came into focus, particularly as an industrial park and a commercial liner building; that the idea is to develop and sell an industrial park of perhaps ten acres at the rear of the property to pay the remediation costs for the entire site; that the front five acres would be retained; that FHI is exploring partnerships with other entities in the Newtown community; that commercial enterprise would pay for the remediation of the entire site with the sale of the rear portion into the market place; that the front portion of the site would be developed as an interactive community project embodying old and new ideas as a public/private partnership in the spirit of the original urbaculture project. Mr. Lambie continued that a liner building would be developed along the front of the site in accordance with the economic development strategy resulting from the EPA browntield work in interactions with the Newtown community, which indicated a community market place is nice and a good thing; however, the site is the gateway into the central business district of the Newtown community at which a high quality commercial building should be developed; that a community open-air marketplace is wrapped around the rear of the two-story commercial liner building which has on-street parking; that the suggested development acts as a two-tier economic incubator; that FHI could construct the building as a demonstration project similar to the Florida House with appropriate partners, perhaps below market price or through contributions and donations; that community entrepreneurs could start a business in the open-air marketplace for approximately $20 weekly and segwaying into office or commercial space on the Dr. Martin Luther King Jr., Way corridor in the commercial building at the front of the site; that to summarize, a commercial building with on-street parking which is consistent with the new urbanist paradigm and the proposed Newtown Comprehensive Redevelopment Plan would be constructed on the site frontage with industrial use at the rear of the site. Mr. Lambie further stated that the next step is to take the new ideas and revisit potential community partners; that the project is a work in progress; that an appropriate coalition in the neighborhood must be built; that a new project which is consistent with the Newtown Comprehensive Redevelopment Plan is required; that partnerships and development agreements with the City and FDEP must be created; that a Remediation Action Plan is required for FDEP approval of any project; that the end result will be to develop the site. Commissioner Martin stated that the excitement earlier in the project is recalled; that the project came to a stand-still which was a disappointment, that the last few years have been laborious; that as hard as the project has been for FHI, the project has been a continued labor of love. Mr. Lambie stated that FHI had hoped to come before the Commission with a development proposal and new partners in the community in the near future; that after the Commission has approved the Newtown Comprehensive Redevelopment Plan 2020, FHI would like to come back and have another chance at the project. On motion of Vice Mayor Palmer and second of Commissioner Martin, it was moved to receive the final report from the Florida Housing Institute for Sustainable Development. Motion BOOK 52 Page 23914 09/16/02 6:00 P.M. BOOK 52 Page 23915 09/16/02 6:00 P.M. carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. 13. UNFINISHED BUSINESS: : DISCUSSION RE: CITY-OWNED PROPERTY AT 2046 DR. MARTIN LUTHER KING JR. WAY - APPROVED TO RETAIN OWNERSHIP OF THE 18-ACRE SITE LOCATED AT 2046 DR. MARTIN LUTHER KING JR. WAY UNTIL ADOPTION OF THE NEWTOWN COMPREHENSIVE REDEVELOPMENT PLAN 2020 AND AUTHORIZED STAFF TO DEVELOP A REQUEST FOR PROPOSAL FOR DEVELOPMENT OPTIONS WHICH WILL BE CONSISTENT WITH THE ADOPTED NEWTOWN COMPREHENSIVE REDEVELOPMENT PLAN 2020 IN BOTH SUBSTANCE AND PROCESS, RECOGNIZING THE PROCESS CREATES AN ORGANIZATION WHICH SHOULD ADVISE CONCERNING THE DEVELOPMENT OF THE REQUEST FOR PROPOSAL (AGENDA ITEM VII-2) CD 7:15 through 7:45 Karen Hartman, Director of Downtown Redevelopment, came before the Commission; referred to a summary update concerning the City-owned property located at 2046 Dr. Martin Luther King, Jr. (MLK) Way included in the Agenda backup material; and stated that the lease between the City and the Florida House Institute (FHI) for Sustainable Development for the 18-acre parcel of land located at 2046 Dr. MLK Way expired on July 20, 2002; that earlier in the Agenda, the FHI provided a summary report regarding the lease between the City and FHI for the property for the last five years; that FHI discussed various problems encountered during the journey of trying to redevelop the property; that FHI has suggested a reuse plan which was previously presented to the Commission. Ms. Hartman continued that the property was appraised at $552,600 by the Sarasota County Property Appraiser; that the extent of contamination on the property is a detriment for future use; that the City's contractor, Professional Services Industries (PSI) completed a Site Assessment Report (SAR) which details the extent of contamination; that the SAR report was submitted to the Florida Department of Environmental Protection (FDEP) in March 2002; that FDEP requested additional information from the City which will require an amendment to the SAR; that PSI will prepare the amendment which is due to EDEP in September 2002. Ms. Hartman further stated that the City will advance to the next step in the FDEP process once the FDEP is satisfied with the SAR; that the next step is the preparation of a Remediation Action Plan (RAP), which will cost approximately $10,000 to $20,000; that the estimated annual maintenance cost is approximately $5,000; that Staff recommends installing a six- foot chain link fence with appropriate signage around the perimeter of the property to secure the site, prevent public contact with the contaminated soil, and reduce future illegal dumping; that the cost to install the fence is approximately $50,000. Commissioner Martin asked if the property appraisal is related to or recognizes the property is a contaminated site? Ms. Hartman stated that the property appraisal is probably based on the market value for a clean site. Commissioner Martin asked if the installation of a six-foot chain-link fence around the perimeter of the property with signage, etc., is being dictated by FDEP? Ms. Hartman stated that the City would want to ensure the safety of the property if the City were to take possession of the property; that the objective is to keep people out of the property to minimize maintenance costs and public exposure to contaminants; that the fence is for containment only and would assure people are not exposed to the contamination hot spots which are known to exist on the property; that the fence is not a requirement; that the only requirement is to post a sign indicating the site is contaminated and therefore entry is at one's own risk. Commissioner Martin stated that having driven through the area, the property is cleared now and visibility through the site is not a problem; that the property will have surveillance; and asked if a requirement to have a $50,000 six-foot chain-link fence around the property still exists? Ms. Hartman stated that the property is now clear and with good visibility throughout; that the property has surveillance; that the six-foot chain-link fence is to assure the City is doing everything possible to protect the site just like any other public/private contaminated property. Vice Mayor Palmer asked if a liability issue is involved with the site and if putting up a sign on the property is sufficient for the City to avoid liability? BOOK 52 Page 23916 09/16/02 6:00 P.M. BOOK 52 Page 23917 09/16/02 6:00 P.M. City Attorney Taylor stated that a sign is just a sign and is worth whatever the sign is worth; that having a sign on the site is better than nothing; however, a question is if the sign is really a defense against damages which might be caused; that the City Attorney's Office has not reviewed any questions which have arisen previously; that the amount of contaminants and any accompanying risk has not been reviewed by the City Attorney's Office; that the Commission could make an assignment to the City Attorney's Office to investigate the possible risk if desired. Commissioner Martin stated that the question was to clarify the cost and the reason for the fence; that further investigation is not required at this time. City Manager McNees stated that making a decision concerning the fence is not required at this time; that installing the fence is a recommendation from the Public Works Department which must maintain the site; that the Public Works Department recognizes access to the site has been problematic for the last few years; that people have camped at the site in the past; that the City should study the necessity to install a fence around the contaminated site further; however, no commitment is required at the present time; that the intent is to inform the Commission of the potential desirability of a fence if the City were to retain control of the property. Commissioner Quillin stated that the matter should be referred to the Administration for a recommendation; that the funds should be utilized to maintain the property rather than install a fence; that good surveillance is maintained on the property; that the neighborhood would benefit more from good property maintenance than anything else. Mayor Mason agreed; and stated that the property looks good now and has good visibility throughout; that many positive comments have been heard recently about the way the property looks. Commissioner Servian stated that additional police officers will be assigned to the area in the near future which will help with surveillance; that spending $50,000 to install a fence is not supported. Ms. Hartman stated that a ground water monitoring plan for the property required for FDEP approval will cost approximately $15,000 annually; that the total cost of the Remediation Action Plan (RAP) exclusive of the fence is approximately $40,000; that more importantly, the City had a lease with FHI for the last five years and has now developed the Newtown Comprehensive Redevelopment Plan 2020, which has not yet been adopted and concerning which two public hearings are scheduled before the Commission in October 2000; that Staff's recommendation is to wait until the public hearings are completed and the Newtown Comprehensive Redevelopment Plan 2020 is adopted; that by waiting, the community will have an opportunity to come forward and provide input as to the desired reuse of the property; that a Request for Proposal (RFP) could be developed which would allow not just for one entity to have the redevelopment project but also other public/private partnerships could be considered as was previously done with the Downtown area; that the community may wish an RFP include a public/private partnership process. Ms. Hartman continued that Staff is recommending the Commission wait until the Newtown Comprehensive Redevelopment Plan 2020 is adopted and to consider the possibility of public/private partnership or an RFP sO the community will have input concerning the development of the site; that the site will create the economic drive to establish an anchor at the eastern commercial boundary to complement the Ringling School of Art and Design at the western commercial boundary of the Newtown Comprehensive Redevelopment Plan 2020; that caution should be exercised concerning any development on the site; that another consideration is US 301 will be developed into a six-lane highway, which results in the question of the impact to any commercial core at the site as some of the property may be eliminated from the possibility of development; that the 18-acre site coupled with other property in the area for potential development could help assure the Newtown Comprehensive Redevelopment Plan 2020 become a reality. Mayor Mason referred to the Agenda request form indicating the Administration's recommendation is to develop an RFP for commercial development options; and stated that the word " commercial" should be eliminated; that the RFP should be for any development options as including the word "commercial" may be too limiting; that developing an RFP is supported if the word "commercial" is eliminated. Commissioner Martin asked if the first public hearing is scheduled for the October 7, 2002, Regular Commission meeting BOOK 52 Page 23918 09/16/02 6:00 P.M. BOOK 52 Page 23919 09/16/02 6:00 P.M. and if the second public hearing for adoption is scheduled for the October 21, 2002, Regular Commission meeting? Mayor Mason stated yes. Commissioner Martin referred to the Administration's recommendation on the Agenda request as: to authorize Staff to develop an RFP. Commissioner Martin stated for clarification, that Staff's recommendation is to go through the public hearing process for adoption of the Newtown Comprehensive Redevelopment Plan 2020 which makes sense, after which a decision will be made as to further action. Ms. Hartman stated that is correct.. Mayor Mason asked if Staff agrees with elimination of the word "commercial"? Ms. Hartman stated yes. City Manager McNees stated that the Commission could give consent for Staff to develop a consistent RFP once the Newtown Comprehensive Redevelopment Plan 2020 is adopted sO Staff would not have to return to the Commission to proceed. Mayor Mason stated for clarification, that the intent is work on the RFP will be completed after adoption of the Newtown Comprehensive Redevelopment Plan 2020 and based upon the Newtown community input received. Ms. Hartman stated that is correct. Commissioner Quillin stated that Staff's recommendation is supported as the property should be kept for land banking for future development opportunities; that Staff should begin work on a RAP to present to the Commission; that the Property Appraiser of Sarasota County has indicated the property is valued at over a half million dollars, which is likely the value of an uncontaminated site; that the site is not fully contaminated but only has certain hot spots of contamination; that application should be made for as many grants as possible for remediation. Vice Mayor Palmer agreed; and stated that the Newtown Comprehensive Redevelopment Plan 2020 is scheduled for a public hearing adoption process; that the Commission will be establishing a Newtown Redevelopment Agency, which is not a Community Redevelopment Agency; that the Newtown Redevelopment Agency will work with the Administration to advance the provisions of the Newtown Comprehensive Redevelopment Plan 2020; that progress in Newtown should not be delayed; that the creation of the Newtown Redevelopment Agency will only help; that the Newtown Redevelopment Agency should be formed quickly after the adoption of the Newtown Comprehensive Redevelopment Plan 2020, sO implementation can begin quickly; that the Newtown Redevelopment Agency could help develop the RFP. Mayor Mason stated that the wrong message should not be sent to the public and Staff; that the decision has not be made at present to form a Newtown Redevelopment Agency; that creating a Newtown Redevelopment Agency has been recommended. Vice Mayor Palmer agreed; and stated that creating a Newtown Redevelopment Agency is a recommendation included in the Newtown Comprehensive Redevelopment Plan 2020. Mayor Mason stated that receiving numerous telephone calls concerning a Newtown Redevelopment Agency at this time is not desired. Vice Mayor Palmer stated that the concern is understood; that one of the provisions of the Newtown Comprehensive Redevelopment Plan 2020 is developing a Newtown Redevelopment Agency could be considered; that if the Newtown Redevelopment Agency becomes a reality once the Newtown Comprehensive Redevelopment Plan 2020 is adopted, the Newtown Redevelopment Agency could act in an advisory capacity concerning the RFP. Commissioner Servian stated that the City should keep options open prior to adoption of the Newtown Comprehensive Redevelopment Plan 2020 rather than moving forward too hastily on other ideas; that the idea to utilize the site for land banking to have more options available is good. Commissioner Martin asked if an RFP is required for the disposition of land in the current situation? City Manager McNees stated that the City can probably proceed as desired, similar to the situation involving the Gifts from God BOOK 52 Page 23920 09/16/02 6:00 P.M. BOOK 52 Page 23921 09/16/02 6:00 P.M. lease; however, Staff will consistently recommend the development of an RFP or comparable process as the City deals with the disposition of public property to provide the Commission the opportunity to hear from all the interested parties rather than be locked into one proposal from an individual or group who happened to either be first in the door or have a particular historic connection to a piece of property; that in addition to FHI, at least one other group is very interested in the opportunity to develop the site. City Manager McNees continued that the Administration will develop a proposed RFP which will be discussed at great length and take into consideration the Commission's wishes regarding the goals for redevelopment of the site beyond the immediate economic benefit; that for example, the Commission may wish to give greater weight in the scoring to members of the Newtown community who are interested in being part of the development process, thus leveraging the benefit of the actual redevelopment; that the Administration will always recommend to the Commission a process to give everybody an opportunity for input; that for example, the Commission was presented three entirely different proposals for the City Waterworks building whereas the opportunity to redevelop the property could have been given to the first entity expressing interest. Commissioner Martin stated that clarification concerning proceeding with the RAP is necessary; that the logic of moving forward with the RAP is strong; that being aware of a few other brownfield projects, reaching a final decision too hastily is not a smart idea; that the most creative and effective way to develop a brownfield should be determined; that a decision is not necessary until the Commission is certain of the best development for the site; that a rash decision could result in throwing money away for no good reason. Commissioner Quillin stated that an RAP should be developed; that the process of redeveloping the site could take two to four years before a developer is identified; that the City could advise the developer as to the remediation required; that for example, potential developers may have been interested in the possible existence and level of asbestos in the City Waterworks building; that establishing the level of remediation required for the hot spots of contamination is necessary; that a full and complete remediation may not be necessary; that specific requirements could be identified in the RFP; that interested developers could review the site and determine viable uses; that remediating a particular area for an intense use may be financially feasible; that determining the remediation required was the intent of suggesting moving forward with the RAP. V. Peter Schneider, Deputy City Manager, came before the Commission and stated that the SAR was issued early in 2002 and required the City undertake additional monitoring which is being completed now; that the City is required by FDEP to have a RAP, which cannot be developed until the results of the additional testing is completed; that the results will be provided to the Commission as soon as completed. Commissioner Quillin asked the timeframe for issuance of the reports? Mr. Schneider stated that the testing is taking place during September 2002; that the results will be issued as soon as possible. City Manager McNees stated that the degree to which the City can continue to advance the issue without significant investment is a concerni that some remediation will be a relatively easy process; that for example, parking lots will likely be developed on the worst spots of contamination regardless of who develops the propertyi that sealing off the worst portions is the main objective; that continuing to move forward without making a significant investment until a redevelopment project is selected is an objective and option; that Staff is not interested in seeing the site sit idle with nothing happening to advance redevelopment; that the continued objective is for the City to make value out of contributions without a large investment. On motion of Vice Mayor Palmer and second of Commissioner Quillin, it was moved to retain ownership of the 18-acre site located at 2046 Dr. Martin Luther King Jr. Way until adoption of the Newtown Comprehensive Redevelopment Plan 2020 and authorize Staff to develop a Request for Proposal for development options which will be consistent with the adopted Newtown Comprehensive Redevelopment Plan 2020 in both substance and process, recognizing the process creates an organization which should advise concerning the development of the Request for Proposal. Commissloner Quillin asked if the intent of the motion includes the continuation of the remediation efforts as indicated by the Administration? BOOK 52 Page 23922 09/16/02 6:00 P.M. BOOK 52 Page 23923 09/16/02 6:00 P.M. Vice Mayor Palmer stated yes. Commissioner Martin stated that the RFP will be very importanti that a generic RFP for everyone to come forth and provide a proposal is not desired; that a concern is the site may be developed as, for example, a large box building as opposed to an economic incubator and engine for the Newtown community; that the sense and logic is the big box building may create the jobs which will be beneficial to the community; however, the dollars tend to go out of and not back into the neighborhood and the City; that the key in the Newtown community and for redevelopment is to assure the development is entirely beneficial to the Newtown community and the dollars are utilized and recycled within the Newtown community. Vice Mayor Palmer stated that an RFP will not be issued until reviewed by the Commission nor until adoption of the Newtown Comprehensive Redevelopment Plan 2020 to assure the desired result is achieved. Commissioner Martin agreed; but stated that RFPs typically do not come back to the Commission; that the RFP should not be micro-managed. Commissioner Quillin stated that the Newtown Comprehensive Redevelopment Plan 2020 has not been approved yet. Mayor Mason stated that the Newtown Comprehensive Redevelopment Plan 2020 has not been approved; however, Staff's recommendation is supported for many reasons, primarily the RFP will be developed after the Newtown Comprehensive Redevelopment Plan 2020 is adopted; that the Commission will hear from the people in the Newtown community regarding their wants and feelings concerning the site; that after five years, the community is beginning to believe a bill of goods has been sold to Newtown; that the City must have the community's buy-in with the planning process; that listening to the people in the community is important; that the community's trust is required for the process. Commissioner Servian stated that the last thing the City wants at the site is a big box building which will destroy businesses in the City; that any such ideas should be discouraged; that the Commission should assure nothing happens at the site until all stakeholders in the community come forward; that the community should have input concerning any development of the site; that everyone concerned should be marching ahead in the same direction. Commissioner Quillin stated that coordination of the entire situation is necessary; and asked the date construction of the library in Newtown will begin? Mayor Mason stated that the groundbreaking of the library is in November 2002. Commissioner Quillin stated that many new things are taking place within the Newtown community; that a new library and elementary school will be built in the area; that the new development in the Newtown community should be coordinated; that the key issue after the adoption of the Newtown Comprehensive Redevelopment Plan 2020 is tying everything together because the property is at the border of the City and County line; that the border line between the City and County should be erased to assure a unified development. Mayor Mason stated that the community is working towards a unified project with the neighborhood initiative; that Staff is meeting with members of the Newtown community to make the transition seamless. Commissioner Quillin stated that the border line between the City and the County should be erased. Mayor Mason called for a vote on the motion to retain ownership of the 18-acre site located at 2046 Dr. Martin Luther King Jr. Way until adoption of the Newtown Comprehensive Redevelopment Plan 2020 and authorize Staff to develop a Request for Proposal for development options which will be consistent with the adopted Newtown Comprehensive Redevelopment Plan 2020 in both substance and process, recognizing the process creates an organization which should advise concerning the development of the Request for Proposal. Motion carried unanimously (5 to 0) : Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes 14. UNFINISHED BUSINESS: APPROVAL RE: AUTHORIZE THE ADMINISTRATION TO SOLICIT INPUT FROM THE PUBLIC REGARDING THE LIDO POOL RESTORATION/REPLACEMENT OPTIONS = RECEIVED THE REPORT AND AUTHORIZED THE ADMINISTRATION TO CONDUCT BOOK 52 Page 23924 09/16/02 6:00 P.M. BOOK 52 Page 23925 09/16/02 6:00 P.M. MEETINGS WITH THE PUBLIC TO SOLICIT INPUT REGARDING THE FUTURE OF THE LIDO POOL (AGENDA ITEM VII-3) CD 7:44 through 8:35 William Hallisey, Director of Public Works, and Duane Mountain, Public Works Capital Projects Manager, came before the Commission. Mr. Hallisey referred to computer-generated slides displayed on the Chamber monitors throughout the presentation and stated that the Sarasota County Parks and Recreation Division closed the Lido Pool for minor repairs in September 2001 following the flooding caused by Tropical Storm Gabrielle; that a major safety hazard is the main drain and pump, which as currently configured could produce enough suction to trap a small child on the drain; that at the time the pool was built, no other options for the main drain and pump suction were available; that new technology exists in the form of a collector tank to eliminate the possibility of hazardous suction; that the pool has been modified over the years; that the modifications have altered the original design of the pool; that the pool decking is new; that coping, or a pool border, has been added around the pool; that Staff's evaluation indicates the original configuration of the pool has the bottom of the pool below the water line; that the diving boards do not comply with current safety rules and cannot be placed in service even with allowed modifications to the pool. Mr. Hallisey continued that the original estimate to place the pool back in service with a minimum level of repair was approximately $250,000; that Staff examined additional options and estimated the cost to place the pool back in service at $216,000; however, the County Health Department will not support placing the pool back in service due to the main drain and pump suction hazard; that Staff recommends the pool not be placed back in service without addressing the main drain and pump suction hazard; that the County Health Department agreesi that a variance could be obtained at the State level to place the pool back in service as currently configured; however, a variance is not supported by the County Health Department. Mayor Mason left the Chambers at 7:48 p.m. Commissioner Quillin asked the reason the County Health Department did not shut the pool down years ago if concerned about the main drain and pump suction? Mr. Hallisey stated that the reason is not known; that the pool has been refurbished approximately every ten years for the last thirty years; that the pool was last refurbished ten years ago; that imposing a condition of correcting the main drain and pump suction to reopen the pool was only recently brought to Staff's attention. Commissioner Servian asked when the County Health Department warnings were issued? Mr. Hallisey stated that Staff researched and identified County Health Department warnings associated with various issues dating back two to three years; that the issue relating to the main drain and pump suction was not indicated in any of the warning letters. Commissioner Servian asked if the warnings indicated to the County necessary actions and costs associated with required remediations? Mr. Hallisey stated that the warnings contained clear direction concerning maintenance to the pool such as resurfacing the interior of the pool and issues concerning the deck; that the warnings did not contain costs associated with the repairs. Commissioner Servian asked if the County researched the costs of the repairs? Mr. Hallisey stated that the County prepared a draft report in December 2001 which indicated an estimate of $250,000 to $300,000 to repair the pool. Commissioner Servian asked if the County decided not to perform the repairs? Mr. Hallisey stated that the County was aware of the necessity of adding the required collector tank which would mitigate the main drain and pump suction hazard; that the draft report did not address the required collector tank. Vice Mayor Palmer stated that the pool was operational for years without a collector tank. Commissioner Quillin asked when the law which requires public pools to install collector tanks was changed? Mr. Hallisey stated that the date is not known. BOOK 52 Page 23926 09/16/02 6:00 P.M. BOOK 52 Page 23927 09/16/02 6:00 P.M. Commissioner Servian stated that the law was probably changed over the last five or six years as a result of several tragic instances of children being pulled to the bottom of commercial pools throughout the country. Vice Mayor Palmer stated that the City should adhere to the new regulations; that years were spent as a child in the pool; that not becoming a victim of drain suction was a matter of luck. Commissioner Quillin stated that many years were spent playing games involving diving down to the drain in the pool. Mr. Hallisey stated that Staff researched complete refurbishing of the pool which would cost approximately $480,000 and would trigger all current regulations in addition to addressing the main drain and pump suction; that a new equipment room would be required; that the bottom of the pool would be raised to address the main drain and pump suction hazard; that otherwise, the bottom of the pool must be jack-hammered to reconfigure the lines below the main drain line back to the equipment room; that diving is not currently allowed due to the depth of the water; that raising the bottom of the pool would make the pool two feet more shallow; that the diving boards have historical significance but could not be placed back in service without rebuilding the pool in the old configuration to the new standards; that additional Americans with Disabilities Act (ADA) requirements will be imposed. Mr. Hallisey continued that Staff is proposing to replace the pool, which is appropriate. Mayor Mason returned to the Chambers at 7:54 p.m. Mr. Mountain stated that options for replacing the pool are: Option I: cost $400,000 -new pool current location -six lane lap pool -three to four feet deep -no diving -no competition Option II: cost $1.0 to $1.5 million -larger facility -include a lap pool -activity pool -water slide -spray-ground Mr. Mountain further stated that Option II is similar to two pools which the City of Tampa has recently constructed, the Sulphur Springs pool and the Cyrus Green Pool; that the pools have received rave reviews from the community; however, higher costs are incurred with additional amenities. Commissioner Quillin asked if research has been conducted concerning spray-ground elements existing in a beach area? Mr. Mountain stated that the spray-ground elements constructed at Sulphur Springs Pool and the Cyrus Green Pool are unique; that the spray-ground elements are in the pool itself; that the pools are zero-entry; that a wheel chair can access the pool easily; that a mushroom sprayer as well as other spray jets are in the pools; that sand is not an issue since the spray-ground elements are on a solid pool deck within the confines of the pool area. Commissioner Martin asked if the proposals would be designed with zero-entry? Mr. Mountain stated that all proposals must be ADA compliant. Commissioner Martin asked if zero-entry is an ADA requirement? Mr. Mountain stated that ADA compliance requires an hydraulic lift; that a zero-entry pool would be preferred and is recommended. Mr. Mountain continued that funding opportunities should be explored in the public, private, and grant areas; that the County should participate in funding; that many funding opportunities can be explored depending on how the Commission chooses to move forward. Commissioner Servian stated that discussions should be held with the County at the September 17, 2002, joint meeting of the City Commission and the Sarasota Board of County Commissioners as to the costs attributable from the lack of maintenance over the last year; that remediations required by the County Health Department were not addressed; that the County should come forward with a large portion of funding; that the pool would not be in the BOOK 52 Page 23928 09/16/02 6:00 P.M. BOOK 52 Page 23929 09/16/02 6:00 P.M. current condition if the County conducted the appropriate maintenance over the last few years. Mr. Hallisey stated that support concerning funding can be suggested to the County; that the engineering evaluation identified the following maintenance issues: 1) the electrical system has deteriorated and should be upgraded, 2) the chemical feed system has deteriorated and should be upgraded, and 3) the interior of the pool should be resurfaced; that ADA compliance is an issue for the City to address due to the capital nature; that the pool is a public regional facility which is utilized by people living in and out of the City should be recognized; that County participation is warranted; that the Commission would not be addressing the problems with the pool and the County Health Department would not have become involved in the reopening of the pool had the County addressed some of the maintenance issues. Commissioner Servian asked the costs which would have been associated with the electrical and chemical feed system and the resurfacing of the interior of the pool? Mr. Hallisey stated that the costs associated with the repairs can be developed and provided to the Commission prior to the September 17, 2002, joint meeting of the City Commission and the Sarasota Board of County Commissioners. Commissioner Servian stated that maintenance costs over the past year have been approximately $100,000; that the County has saved the funds by not maintaining the pool for the year; that the County should be expected to generously donate $100,000 towards the project. Vice Mayor Palmer stated that the County has indicated funding of $125,000 is available for participation in the project. Mr. Hallisey stated that $125,000 was 50 percent of the initial estimate of $250,000 to place the pool back in service. Vice Mayor Palmer stated that the $250,000 estimate is now inaccurate since construction must include meeting the new standards and requirements. Vice Mayor Palmer stated that as a child, every weekend was spent in the pool and on the two diving boards; that not allowing diving boards any longer is frustrating; that the pool was the only one available for competitive swimming; that the Sarasota Swim and Dive Team practiced and competed at the pool; that no other public pools existed in Sarasota; that times have changed; that irritation and aggravation is felt by the community as well as the Commission; however, the project should go forward and the new standards met; that the recently adopted Parks + Connectivity Master Plan reveals the many different ways people are utilizing swimming facilities; that the Commission should hear from the public prior to making a final determination. Commissioner Quillin stated that as a former member of the swim team, the pool has provided a certain ambience; that a certain affinity exists since the Lido Casino is gone; that the Lido Casino and pool are a piece of the City's historyi that losing a piece of history is sad; however, times change; that discussions were held a few years ago concerning construction of a water park at the pool site; that input from the general public is appropriate; that a lap pool and perhaps more features for young people are suggested. Mr. Hallisey stated that a refurbished or new pool constructed correctly will last 40 or more years; that the existing pool could be replaced with a lap pool; that opportunities could be available for a long-term plan to expand the lap pool and to add other features; that many comments have been received from the public wishing to refurbish the existing pool; that comments have not been received in a formal setting to explain detailed options to the public; that Staff believes a workshop would be a good opportunity to obtain input to design the facility properly to maximize the recreational opportunities for everyone; that Sarasota County Parks and Recreations agrees with receiving public input to make a good decision. City Manager McNees stated that the Commission is reminded funds were not budgeted for the pool for fiscal year (FY) 2002/03. The following people came before the Commission: Suzette Blue, 2929 Bahia Vista Road, (34239), a native Sarasotan, a City resident, and Vice President the Historical Society of Sarasota County, distributed and read a prepared statement indicating that Sarasotans who came of age during the BOOK 52 Page 23930 09/16/02 6:00 P.M. BOOK 52 Page 23931 09/16/02 6:00 P.M. decades of the 1940s, 1950s, and 1960s have first-hand knowledge and sweet memories of the Lido Casino; that those who arrived later and see photographs of the Lido Casino comment on the beauty and ask the reason the casino was demolished at the end of 1969; that many residents are still asking the same question; that some speculative answers are heard but clear-cut justifiable reasons are not given; that the Lido Casino was built with the assistance of Work Progress Administration money, designed by Ralph Twitchell, and finished in 1940; that national dignitaries were invited to the opening; that Rudy Bundy with his sizzling Clarinet and nationally recognized radio orchestra arrived to play in the ballroom; that the Lido Casino became the place to be for all ages of Sarasotans and drew visitors from everywhere; that the Lido Casino shone white on the Lido Beach sand and was an extraordinary example of Art Deco, displaying glass blocks, murals and decorative sea horses; that the Lido Casino contained not only the ballroom which was used for tea dances as well as celebrations, meetings and conventions, a snack bar, restaurant, bar, shops, cabanas, dressing rooms, and the pool; that the only freshwater pool on the beach was the focal point of the Lido Casino; that any overhead photographs display the Olympic sized pool in the center of the action; that swimmers from many Florida schools came to the City to train in the pool; that world class divers practiced their art from the dizzying height of the high board; that local children learned to swim in the pool and celebrities such as Esther Williams, in town to film a 1947 movie, made a memorable splash; that water carnivals were part of the annual Sara de Sota pageant and local bathing beauties usually seen in hats and white gloves on Sundays carefully walked in high heels around the pool deck clad in daring two-piece swim suits to vie for the title of Miss Pin Up during the World War II years. Ms. Blue continued that as time passed by, the Lido Casino began to show signs of wear and tear and needed some sprucing upi that Sarasota taxpayers were asked in 1964 if willing to support a bond issue amounting to $250,000 to renovate the Lido Casino; that citizens overwhelmingly approved but nothing was done; that the event which followed has all the makings of the plot line for a John Grisham novel; that one evening in February 1969 with no warning, bulldozers arrived at the Casino and began its destruction; that the next day smoke filled the air as the cedar beams of the lifeguard towers lay burning; that chunks of the casino lay scattered; however, the pool was still there; that the pool remains but has woefully been neglected; that the September 2001 flooding caused by Tropical Storm Gabrielle caused the County to place padlocks on the surrounding chain-link fence; that murky, mosquito breeding water stands in the deep end where Jack Betz, former high school diving champion and Sarasota Mayor, once plunged into the sparking water after a winning jack-knife. Ms. Blue further stated that separating history from sentiment is difficult but will, however, be attempted; that the City's historic designation requirements indicate the following: A structure must have integrity of location, design, setting, materials, workmanship and association to qualify as historic. Ms. Blue stated that one of the following criteria should be met: reflects the broad, cultural, economic or political history of the City, County, State, or country; is associated with significant events in State, local history or national history; displays visible characteristics of a distinctive style, period or method of construction; is the work of a generally recognized designer or builder. Ms. Blue continued that setting sweet sentiment aside, the Historical Society believes that the pool meets the qualifying requirements of the term, historical; that history is important; that the nation has become a throw-away society and yet children are expected to respect society's words, buildings, property and culture; that an example of caring should be set for future generations to believe in worthwhile endeavors and to reflect pride in the community; that history is not only found in textbooks; that history makes a community unique; that history depicts the past and predicts the direction of the future; that the Lido Pool is uniquely a part of Sarasota; that the pool belongs to the community and is in dire need of restoration; that the residents of Lido Key and all of Sarasota can benefit BOOK 52 Page 23932 09/16/02 6:00 P.M. BOOK 52 Page 23933 09/16/02 6:00 P.M. from the restoration of the pool and once again point to the spot on Lido Beach with a sense of pride. Arnold Burns, P.O. Box 20589, (34276), President, The Historical Society of Sarasota County, stated that he was previously asked the length of time he had resided in the City; that the reason for the question was not known at the time but was later realized; that the question was asked since nothing seems to remain the same in the City; that the longer a person resides in the City, the more things which become known and cherished seem to disappear; that buildings or businesses which are cherished disappear; that the reasons for the disappearances are not known or are too difficult to understand; that a lack of continuity exists and the reason is not understood; that a reason could be due to misunderstandings of the use of public funds for historical resources; that an Older wiser individual indicated those who do not know history are condemned to repeat its mistakes, which typifies the serious historical and preservation problems in the City; that the City has a rich cultural history; that some of the City's buildings are known nationwide but are slowly disappearing; that an observation is change seems to occur every 20 years beginning in 1905; that people coming to Sarasota do not see the things people saw in the past; that in 1995, the City drastically started to change; that people now live and work in Sarasota all year round; that these people care about what Sarasota was in the past as well as what is currently taking place; that many people care and do not understand the reason for the changes which are taking place; that people ask the reason parts of old Sarasota are not being saved and express concern of the disappearance of landmarks such as the Hoover Arcade, the Ringling Towers, and the Lido Casino; that the reason is not known and the disappearance is unfortunate; however, the future can be controlled. Mr. Burns continued that the historical community has brought concerns and desires to the City as well as the Sarasota Board of County Commissioners over the last five to seven years; that Sarasota is one community; that a public official indicated the pool is not historic since the tiles were changed; that the public official missed the point of the historic significance; which is the pool is the last remaining vestige of the grandeur of the Lido Casino; that the original diving boards remain and were loved; that the pool exists as originally constructed; that people came to Sarasota to swim in the ocean and then to bathe in the fresh water of the Lido Pool; that people learned to swim, date, and have fun at the Lido Pool; that the pool has been gravely neglected over the years; that the chain link fence around the pool is offensive; that the hazardous issue relating to small children being pulled down to the drain is not known and can be researched; that the pool has existed for 50 years and no one was ever pulled down to the drain; that ADA considerations should be addressed; that the area should be cleaned up; that tiles could be added for a walkway; that a nice pavilion exists not too far from the pool; that the pool could be extended to the pavilion creating a park in which children could play; that $1 million for a new pool is understandable, however, restoring the pool in the original place and in the original historical configuration is preferred; that history should not be about moneyi that history is about how people grew up, lived, and interacted; that the Commission is encouraged to reflect upon childhood years; that by forgetting or neglecting history, mistakes of the past can be continually repeated; that the Commission is requested to contemplate the issue and not to make a hasty decision; that the pool's historical significance should not be ignored due to changed tiles; that history is a part of the mind, the past, and reflections of childhood. George Peter Ryan 241 Garfield Drive, (34236) President, Lido Key Residents Association, stated that the Lido Casino would probably not have survived the loss of beach which has taken place over the past 40 years; that the loss of beach through the decades certainly would have removed the cabanas, the promenade, the towers on the beach and most likely would have threatened the primary structure of the Lido Casino; however, the pool did remain; that the idea of losing the Lido Casino is a moot point; that the Lido Casino was destroyed far too early; that many years of useful life were possible; however, the Lido Casino may not have survived to the present time even if not demolished; that personal reflections of the pool such as jumping off the high dive the first time and the many times the stairs were climbed to the high dive without actually jumping are shared; that diving contests were held in 12 feet of water; that the current regulation for diving is 14 feet; that the reason for the new regulation is not known; that new regulations are realities which must be accepted; that a change taking place for BOOK 52 Page 23934 09/16/02 6:00 P.M. BOOK 52 Page 23935 09/16/02 6:00 P.M. the Lido Pool is now known; that the pool will no longer sit empty; that action is being taken; that action being taken is personally pleasing; that the future should include consideration beyond the pool; that an opportunity currently exists not only to consider the swimming facility but also to consider the Lido Beach Municipal Facility; that the opportunity is on the table for possibilities to expand, enlarge, improve, and beautify the area the Lido Casino occupied; that the facility may be similar; however, the grandeur will not be the same; that the variety of offerings will not be the same as at the Lido Casino; that the focus of the facility should be to provide a community environment which is inviting to all visitors to the City's only beach; that the next step should be consideration of the entire picture; that the pool is being fixed, restored, and improved; that discussions have gone beyond improvements to only the pool; that identifying new ways to improve the whole public facility should be the focus; that the efforts of the Commission and Staff are appreciated and thanks are extended. Mayor Mason asked if Florida Historical Commission funding for the Lido Pool project could be researched? City Manager McNees stated yes. Mayor Mason stated that the Florida Historical Commission is suggested as a possible funding source; that the Lido Pool is just as much a part of the history of the community as the Overtown area; that discussions concerning the history should not indicate the pool and the casino existed for all the people of Sarasota; that segregation prohibited her parents from using the pool and casino; that the restoration of the pool is supported; that a personal goal is to work hard to obtain funding through the Florida Historical Commission for the project. Commissioner Servian stated that meetings were held with the City Manager, Staff, residents from Lido Key, and members of the Historical Society at the pool several weeks ago; that a padlock prohibited entry during prior visits; that the pool is truly a sad sight; that the facility once used and enjoyed by many people is truly now an eyesore and a mosquito pond; that the situation is awful; that the individuals who spoke representing the Historical Society are appreciated and are extended thanks; that everyone should be reminded of history; that the future is uncertain without history; that the facility must be a community facility; that utilization of the pool has been poor over the last few years due to improper maintenance, advertising, and landscaping; that a personal goal is to work as hard as possible to ensure the project is one of which the community can be proud as well as to honor historical features and location; that old philosophies and issues of segregation will not be tolerated; that the future holds a positive community spirit; that the input of the residents in the Lido area, the City, and the County is critical. Vice Mayor Palmer stated that the suggestion from Mr. Ryan to broaden the perspective is good; that the whole facility should be reviewed; that years were spent during childhood attending and performing dances and floor shows at the Lido Casino; that the memories are very strong; that the history is no longer evident in the area; that a broader perspective should be researched and the area developed sO the community as a whole could be proud; that the area could become a tourist destination but is currently disgraceful; that the restrooms do not function properly; that commercial operations have difficulty succeeding; that the totality of the situation should be addressed; that the pool is a major portion of the area; that Staff's recommendation to receive public input regarding the project is supported; that refurbishment of the entire facility should be addressed. Commission Quillin stated that years were spent at the pool and casino; that the area is currently very unfriendly; that friends have been taken to view the area and provided explanations of how the area was in the pasti that the hope is some of the history can be preserved; that some pictures of the casino could be displayed sO people can remember the grandeur; that the hope is the project will become part of the Downtown Master Plan 2020; that storms cause continual problems; that sea grass has been lost; that the hope is the Downtown Master Plan 2020 will address all of the restoration events. On motion of Vice Mayor Palmer and second of Commissioner Servian, it was moved to receive the report and authorize the Administration to conduct meetings with the public including residents from the City and County to solicit input regarding the future of the Lido Pool and the entire Lido Beach area. Commissioner Martin stated that the potential magnitude of the project is supported; however, the focus should be the BOOK 52 Page 23936 09/16/02 6:00 P.M. BOOK 52 Page 23937 09/16/02 6:00 P.M. restoration or creation of the pool at the cost of approximately $400,000; that funding issues can be discussed at the September 17, 2002, joint meeting of the City Commission and the Sarasota Board of County Commissioners; that the greater portion of the plan will require funding of $1 million to $1.5 million and will take more time, especially considering the possibility of construction of a new building; that the project should be undertaken in phases; that a proposal was submitted by a group for a public/private partnership three or four years ago to partner with the City to reproduce the Lido Casino on the same property; that a restaurant facility would be operated out of the casino as an exchange; that a review of the Commission meeting minutes revealed support for the proposal; however, no public purpose existed at the time to warrant use of the public land; that a public purpose may currently exist; that public/private partnerships are not necessarily supported but should not be discounted and may help the project come to fruition. Commissioner Servian stated that several members of the community have voiced a strong interest in coming forward with funding or assistance with fundraising for restoration of the area; that a ground swell of support exists; that many people have a new found sense of history; that people are holding on to memories. Vice Mayor Palmer stated that the intent of the motion is not to limit any vision; that all ideas and concepts for funding and construction of the area are encouraged; that the ideas and concepts can then be narrowed down; that setting limitations, however, may eliminate the best idea. Mayor Mason called for a vote on the motion to receive the report and authorize the Administration to conduct meetings with the public including residents from the City and County to solicit input regarding the future of the Lido Pool and the entire Lido Beach area. Motion carried unanimously (5 to 0): Martin, yesi Palmer, yes; Quillin, yes; Servian, yesi Mason, yes. 15. UNFINISHED BUSINESS: ADOPTION RE: : PROPOSED RESOLUTION NO. 02R-1539, PERTAINING TO THE CELEBRATE SARASOTA 100TH YEAR ANNIVERSARY; MAKING FINDINGS; ESTABLISHING A STEERING COMMITTEE TO ASSIST THE CITY COMMISSION TO PROVIDE STRUCTURE FOR THE 100TH YEAR ANNIVERSARY CELEBRATION AND OVERSEE EXPENDITURE OF BUDGETED CITY FUNDS; APPOINTING MEMBERS TO THE STEERING COMMITTEE = ADOPTED (AGENDA ITEM VII-4) CD 8:35 through 8:40 City Manager McNees stated that at the September 3, 2002, Commission meeting, the Commission requested a resolution formalizing the duties and charge of the Steering Committee be prepared by the Administration; that the Steering Committee appointed by the Commission had already begun meeting; that the process of merging efforts with the existing subcommittees is taking place; that the resolution outlines some of the Steering Committee's duties; that the Administration recommends the resolution be kept as simple and non-specific as possible which will allow the effort to move forward. City Auditor and Clerk Robinson read proposed Resolution No. 02R-1539 in its entirety. On motion of Vice Mayor Palmer and second of Commissioner Martin, it was moved to adopt proposed Resolution No. 02R-1539. 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. 16. NEW BUSINESS: APPROVAL RE: AUTHORIZE THE EXPENDITURE OF $3,800 FOR FIREWORKS FROM THE 100TH ANNIVERSARY FUND AND REFER THE REQUEST FOR $12,460 FOR BANNERS BACK TO THE CELEBRATE SARASOTA STEERING COMMITTEE APPROVED (AGENDA ITEM VIII-1) CD 8:40 through 8:43 City Manager McNees stated that a fireworks display and banners are being proposed for the Celebrate Sarasota events; that fireworks will follow the event at the Van Wezel Performing Arts Hall (VWPAH) on October 14, 2002; that the fireworks would be either fired from a barge off shore near the VWPAH or from the area near the location of the Photon II sculpture if staged on land; that the cost of the fireworks is $3,500 and $300 for the permit; that banners will be placed at various locations in the City and will recognize the City's 100th Anniversary; that the cost of procuring the 100 banners, brackets, installation, and maintenance is $12,460; that the recommendation is to approve the expenditure of $3,800 for the fireworks from the 100th Anniversary BOOK 52 Page 23938 09/16/02 6:00 P.M. BOOK 52 Page 23939 09/16/02 6:00 P.M. Fund and refer the request for $12,460 for banners back to the Celebrate Sarasota Steering Committee. On motion of Vice Mayor Palmer and second of Commissioner Martin, it was moved to approve the expenditure of $3,800 for the fireworks from the 100th Anniversary Fund and refer the request for $12,460 for banners back to the Celebrate Sarasota Steering Committee. Commissioner Servian stated that information concerning the fireworks performance received from Zambelli Fireworks International (Zambelli) does not indicate the length of time of the performance. Commissioner Quillin stated that Zambelli provides the fireworks performance at Ed Smith Stadium which is approximately 12 to 15 minutes long; that the pertormance for the City's 100th Anniversary is equal to the performance at Ed Smith Stadium. 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. 17. NEW BUSINESS: APPROVAL RE: WAIVER OF TREE REMOVAL PERMIT FEE OF $40 FOR ST. JOHN'S CEMETERY AND GIVE THE CITY MANAGER DISCRETION TO WAIVE SIMILAR TYPES OF REQUESTS IN CEMETERIES FOR PERMITS UP TO $100 = APPROVED TO FIND $40 IN CITY BUDGETED FUNDS TO PAY THE COST OF THE TREE REMOVAL PERMIT; ADMINISTRATION WILL REPORT BACK EXPENDITURES IN PAST YEARS CONCERNING THE CEMETERIES AND PROVIDE RECOMMENDATIONS INCLUDING THE POSSIBILITY OF A PROGRAM TO PROVIDE ASSISTANCE UNTIL THE GROUPS MAINTAINING THE CEMETERIES ARE SELF SUPPORTING (AGENDA ITEM VIII-2) CD 8:44 through 9:05 City Auditor and Clerk Robinson stated that Commissioner Martin removed the item from the Consent Agenda for discussion as Agenda Item VIII-2. City Manager McNees stated that the concern heard is if the trees should be removed; that Commission approval is requested only for a waiver of the fees; that the permit to remove the trees must still be obtained; that the permit will not be issued until a review of the appropriateness of removing the trees is completed by Staff; that waiving the fees does not grant the permit. Commissioner Martin stated that Staff does remarkable work in enforcing the City's Tree Protection Ordinance; that the trees should be removed if dying or dangerous without paying the fees; that the concern is if trees which do not require removal are being removed; that the City is reviewing the Tree Protection Ordinance at the present time but is somewhat lenient about removing trees, which is supported if on private property or near a house; that buildings are not affected in a cemetery; however, public safety may be a concern; that removing live, healthy trees is a concerni that Staff will review the necessity of removing the trees; however, the concern is approving the waiver of fees may result in the removal of trees which do not require removal. Commissioner Quillin stated that removing trees is always a concern; that the applicant indicated the trees are crowding out other trees and may present a hazard in the future unless removed; that the Administration was personally requested to have the City's arborist conduct a site visit; that St. John's Cemetery is one of four cemeteries in the City being actively maintained by private groups; that for years, no one was aware of the existence of St. John's Cemetery due to the overgrowth; that the work to clear the cemetery has been exceptional; that the hope is the City will participate in landscaping; that Woodlawn Cemetery has beautiful trees which require trimming but also has peppertrees which should be removed; that the Public Works Department will normally haul away debris once or twice a year; that the cemeteries are private propertyi however, the funds are being expended from the budget of the Public Works Department; that a policy should be developed and guidelines established sO the City can become proactive in assisting the groups maintaining the cemeteries; that volunteers mostly maintain the cemeteries; that the City should assist in creating a viable foundation for perpetual support in the future; that the City should be able to assist with trimming the trees to ensure trees remain healthy. Vice Mayor Palmer stated that the problem is finding the funds privately to maintain St. John's Cemetery; that maintaining St. John's Cemetery has been a labor of love; that no funding is provided to maintain the cemeteryi that the volunteers maintaining St. John's Cemetery have been paying the costs personally; that the previous removal of exotic trees in the BOOK 52 Page 23940 09/16/02 6:00 P.M. BOOK 52 Page 23941 09/16/02 6:00 P.M. cemetery did not require permits and was therefore accomplished at no cost; that the assumption was removal of the trees was already approved by Staff and the permits would not be granted unless the validity of removing the trees was confirmed; however, the issue is if the City will provide assistance to the individuals caring for the cemeteries in the absence of funding; that the Administration was personally requested to consider the request to waive the fee which is the reason the item is on the Agenda. Timothy Litchet, Director, Building, Zoning, and Code Enforcement, came before the Commission and stated that the application for the permit to remove the trees has been received; that a site visit was conducted; that all the trees on the site are live trees; that the specific trees designated for removal are not Clear on the site plan; that the applicant indicated some trees for removal are exotic trees; that one tree is crowding another tree; that the City arborist and a County tree specialist visited the site a few years ago and had recommended removing certain trees; that City Staff will meet the applicant on site to inspect the specific trees designated for removal and will decide if a reason to remove the trees exists under the Tree Protection Ordinance. Commissioner Martin asked the criteria for limiting removal of trees on a similar site? Mr. Litchet stated that the general standard is if the trees are within a buildable footprint for a building; that the general standard does not apply; that the next criterion would be if the trees, which includes non-native trees, pose any danger or hazard; that an exemption allows for removal of trees if at least one tree exists for every 2,500 square feet of land area; that the hope is the exemption is removed from the Tree Protection Ordinance at some point; that the exemption is not utilized frequently. Commissioner Martin stated that numerous trees could be removed based on the exemption. Mr. Litchet stated that is correct. Commissioner Martin stated that the exemption is a concern and has not been addressed in the Tree Protection Ordinance; that removing trees is expensive; therefore, trees are not removed without good reason; that having to pay a fee is an incentive not to remove a tree; that removing trees without good reason should not be encouraged; that the first two provisions are good reasons to remove trees; that the exemption is not a good reason to remove trees and could result in extensive removal of live trees, which is a concerni and asked since he removed the item from the Consent Agenda, if any Commissioner could make a motion concerning the requested waiver. City Auditor and Clerk Robinson stated yes. Vice Mayor Palmer stated that Staff could be allowed to conduct the investigation necessary; that the issue concerns a broader perspective, which is to allow the City Manager discretion to waive permit fees up to $100; that the current request could be granted if falling within the allowable discretion once Staff has investigated. Commissioner Quillin stated that waiving fees is not personally supported; that funds should be budgeted to pay the fees if necessary; that constant requests to waive fees are received; that waiving fees is not a good policy to establish; and referred to the Administration's recommendation on the Agenda request form as to: : Give the City Manager the discretion for similar types of requests in cemeteries for permits up to $100. Commissioner Quillin stated that the recommendation was not initially a concern as similar situations can occur and the City Manager should have discretion to make decisions; however, a policy for waiving fees for cemeteries is not in the City's best interest; that the preference is for the Administration to develop a policy to allocate funds which will be available for groups maintaining cemeteries; that the City is already spending the funds; that the Public Works Department currently provides services for at least four cemeteries; that City employees volunteer to help clean up cemeteries; that the City budgets funds for the Rosemary Cemetery which is City owned; that the item should be referred to the Administration to develop a policy for establishing a means of budgeting funds to meet the requirements of cemeteries in the City; that a program can be developed sO the cemeteries can be self supportive. Vice Mayor Palmer stated that the Administration has provided a recommended policy; and asked if the Administration's recommendation will change if the item is referred back? BOOK 52 Page 23942 09/16/02 6:00 P.M. BOOK 52 Page 23943 09/16/02 6:00 P.M. City Manager McNees stated that the suggestion is to set aside funds in the budget process rather than waive the fees, which is different than the Administration's current recommendation; that deciding which fees to waive is not desired; that the effort is to provide for a fee waiver in limited circumstances, only related to cemeteries and minor permits as many people are working to maintain the cemeteries to the City's benefit; that the amount of money is barely material; that the Commission's direction will be accepted; that the Administration can budget funds; that the development of a significant program should not be considered until the next fiscal year; that the suggestion is not to consider significant new programs for (FY) 2002/03 at the present time. Commissioner Quillin stated that the funds are already being expended but are not a line item in the budget; that some information from the Public Works Department and other departments which have participated would provide an idea of the amount of services provided; that the preference is for the Administration to develop a policy to allocate funds which will be available for groups maintaining cemeteries; that the City is already spending the funds. On motion of Vice Mayor Palmer and second of Commissioner Martin, it was moved to refer to the Administration the issue of a policy to allocate funds available for groups maintaining cemeteries for a recommendation back. Vice Mayor Palmer stated that the applicant presented the request; that an allocation of funds may be deemed appropriate after Staff evaluates the request. City Manager McNees stated that if the matter is referred back to the Administration, the recommendation will be to waive the fee which is currently on the table; that Commission guidance concerning the applicant's request to waive the $40 fee is sought. Commissioner Servian stated that the fee should be waived. Vice Mayor Palmer agreed, if removal of the trees is deemed appropriate. City Manager McNees stated that the question is not to approve the removal of the trees; that Staff will make the decision regardless of the outcome of discussions concerning the waiver of fees; that the question is if the $40 fee for the permits should be allocated from City funds, be waived, or neither. Mayor Mason stated that the motion does not address waiving the tree removal permit fee of $40 for St. John's Cemetery. Vice Mayor Palmer, with the approval of Commissioner Martin, as the seconder, stated that the motion is withdrawn. On motion of Commissioner Quillin and second of Commissioner Servian, it was moved for the Administration to find City funds of $40 for the tree removal permit fee for St. John's Cemetery if removing the trees is deemed appropriate by Staff. City Manager McNees stated that the motion on the table indicates the Administration should find the money if appropriate to remove the trees; that the issue is paying the $40 for the tree removal permit regardless of the appropriateness of removing the trees. Commissioner Quillin stated that the intent of the motion is to pay the $40 fee with City funds; that waiving fees is not supported. Mayor Mason requested that City Auditor and Clerk Robinson restate the motion. City Auditor and Clerk Robinson restated the motion as to find $40 in the City budgeted funds to pay the cost of the $40 tree removal permit. Mayor Mason called for a vote on the motion. Motion carried (3 to 2): Martin, no; Palmer, yes; Quillin, yes; Servian, yes; Mason, no. Commissioner Quillin stated that Commission consensus for the Administration to report back regarding recommendations including expenditures in past years concerning the cemeteries and the possibility of a program to assist the groups maintaining the cemeteries until self supporting is requested. Mayor Mason stated that the Administration can be requested to create a program to assist groups maintaining cemeteries located in the City. BOOK 52 Page 23944 09/16/02 6:00 P.M. BOOK 52 Page 23945 09/16/02 6:00 P.M. Commissioner Quillin stated that the request is for the Administration to report back recommendations since more than one alternative may be available. Mayor Mason stated that the Commission must be clear concerning requests to the Administration and should specifically indicate the expectations of the Administration. Commissioner Quillin stated that funds are currently being expended; that the Administration should report back the funds expended in previous years and make a recommendation concerning a program which will provide assistance until the cemeteries can be self supporting. Commissioner Martin stated that funds could be allocated in the FY 2003/04 budget after the Administration provides the information and a work program has been developed. Commissioner Quillin agreed. Mayor Mason stated that the Commission must be Clear in its direction to the Administration and asked if the Commission's consensus is for the Administration to report back expenditures in past years concerning the cemeteries and provide recommendations including the possibility of a program to provide assistance until the groups maintaining the cemeteries are self supporting. Commissioner Quillin stated yes. Vice Mayor Palmer and Commissioners Martin and Servian agreed. Mayor Mason asked if the Commission's direction is clear? City Manager McNees stated yes. 18. BOARD APPOINTMENTS: APPOINTMENT RE: CITIZENS WITH DISABILITIES ADVISORY BOARD = RESCHEDULED TO THE OCTOBER 7, 2002, REGULAR COMMISSION MEETING (AGENDA ITEM IX-1) CD 9:06 through 9:06 City Auditor and Clerk Robinson stated that a vacancy exists on the Citizens with Disabilities Advisory Board due to the death of James Spreitzer; that one application for the vacancy has been received from Joseph Miller; that a resume from Mr. Miller has was requested but not received; that a resume from Mr. Miller could be obtained prior to the Commission taking action if desired. Commissioner Quillin stated that Mr. Miller is a representative from District 3 which will balance the Citizens with Disabilities Advisory Board with representation from each voting district. Mayor Mason stated that hearing no objections, the appointment to the Citizens with Disabilities Advisory Board will be rescheduled for the October 7, 2002, Regular Commission meeting. 19. COMMISSION BOARD AND COMMITTEE REPORTS APPOINTED VICE MAYOR PALMER AS SECOND ALTERNATE AND COMMISSIONER MARTIN APPOINTED AS THIRD ALTERNATE FOR THE TRANSI PORTATION POLICY COMMITTEE OF THE SARASOTA/MANATEE METROPOLITAN PLANNING ORGANIZATION (AGENDA ITEM X) CD 9:06 through 9:12 COMMISSIONER QUILLIN: A. stated that the first meeting of the Public Transportation Policy Committee of the Sarasota/Manatee Metropolitan Planning Organization (MPO) was held September 16, 2002; that she was appointed Chair; that a second and third alternate to the committee is necessaryi that Vice Mayor Palmer and Commissioner Martin are recommended as second and third alternates respectively. Mayor Mason stated that hearing no objections, Vice Mayor Palmer will serve as the second alternate and Commissioner Martin will serve as third alternate for the Public Transportation Policy Committee of the MPO. Commissioner Quillin stated that the Chattanooga Tour scheduled for October 1 and 2, 2002, regarding transit and urban community design was discussed at the meeting; that the understanding is Commissioner Martin, City Manager McNees, and John Tylee, Executive Director of the Transportation Management Organization will be attending the tour. Commissioner Martin stated that additional information will be provided to the Commission during his remarks. BOOK 52 Page 23946 09/16/02 6:00 P.M. BOOK 52 Page 23947 09/16/02 6:00 P.M. Commissioner Quillin stated that the intent is to advise the Commission of upcoming trips; that a future trip to Lee County involving the MPO will be attended to evaluate various programsi that the next Public Transportation Policy Committee meeting is scheduled for November 8, 2002. VICE MAYOR PALMER: A. stated that attendance by officials at the September 12, 2002, ManaSota League of Cities (MLC) luncheon was appreciated; that the event was excellent; that the hope is additional State legislators will attend the 2003 MLC luncheon; that a large number of elected and charter officials were present; that the MLC is hosting a dinner at the Beachhouse restaurant in Bradenton on October 9, 2002; that several officials have already received invitations; that a MLC Special meeting will be held on October 10, 2002, at 9:00 a.m. in the Commission Chambers to interview candidates for the State Legislature and for the District 13 Congressional Seat; that attendance by fellow Commissioners would be appreciated; that the attendance of elected officials displaying a united front may impact the decisions of the future elected legislative delegation. B. stated that a meeting with the City, Sarasota County, and the School Board of Sarasota County will be held on November 22, 2002, regarding the interlocal agreement concerning growth management issues. 20. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA = THE ADMINSTRATION WILL PROVIDE A REPORT BACK TO THE COMMISSION REGARDING MEETING DAYS AND TIMES (AGENDA ITEM XI) CD 9:12 through 9:36 COMMISSIONER SERVIAN: A. stated that a television program was recently broadcast regarding changes in certain cities to provide additional livable conditions; that a copy of the program will hopefully be obtained; that an ordinance in the City of Orlando, Florida, specifically restricts park uses; that the information may be useful concerning the feedings of the homeless which occur in Gillispie Park; that a public urination incident recently occurred in Gillispie Park. B. stated that several Staff members and officials recently attended the 2002 Neighborhood Conference in Tampa, Florida; that late registrations and tour problems occurred; that the City will be hosting the 2003 Neighborhood Conference in 2003; that several problematic issues regarding the conference were noted in an effort to avoid similar problems when hosting the event; that 1,100 individuals attended the conference; that the City should prepare for a large attendance. C. stated that police enforcement of speeding has increased on the John Ringling Causeway; that reconfiguring the eastern end of the John Ringling Causeway Bridge has cause a sharp serpentine in the road which is dangerous if speeding; that speed blitzes are also occurring on St. Armands Circle in an effort to stop motorists from speeding through pedestrian cross-walks. D. distributed a copy of an electronic mail from Deputy City Manager Schneider dated September 16, 2002; referred to a memorandum dated August 2, 2002, from John Perseo, operator of the Main Street Station; and stated that the Main Street Station situation appears near resolution; that the Commissioners had received a memorandum from Marcia Wood explaining the problems of the Main Street Station; however, the Commissioners did not receive the memorandum from Mr. Perseo regarding problems he encountered with working with the Downtown Association of Sarasota, Inc. (Downtown Association) F and the reasons he believes the Main Street Station failed; that both sides of all issues should be reviewed. Commissioner Quillin stated that contracts with the Downtown Association and new tenants should be reviewed by the Commission; that the contract was a significant problem for the Main Street Station; that Mr. Perseo did an excellent job in opening the establishment. Commissioner Servian concurred. BOOK 52 Page 23948 09/16/02 6:00 P.M. BOOK 52 Page 23949 09/16/02 6:00 P.M. City Manager McNees stated that changes to a lease between the Downtown Association and a sub-lessee require approval by the City Manager. Commissioner Quillin stated that a copy the contract is desired. Vice Mayor Palmer stated that having Paul Mattison open Mattison's City Grill at the Main Street Depot location will be wonderful for the City. VICE MAYOR PALMER: A. stated that the 2002 Neighborhood Conference in Tampa was excellent; however, some organizational problems occurred; that the hope is the City can avoid similar problems when hosting the 2003 Neighborhood Conference; that she was recently a guess speaker at the Coalition of Neighborhood Associations for the County; that partnering with the City was the topic of discussion; that the County and several neighborhoods are very enthusiastic about the 2003 Neighborhood Conference. B. stated that several ofiicials attended the recent Annual Neighborhood Conference in Tampa, Florida, at which going beyond the normal code entorcement to improve neighborhoods was discussed; that a letter was received from the Development Services Director of the City of Clearwater, Florida, regarding a residential rental ordinance to decrease the City's problem with single- family rental housing in residential neighborhoods; that a group of Clearwater citizens, civic organization, and the Board of Realtors formed a coalition to develop a proposal which was acceptable to all concerning the rental issue; that the information received from Clearwater will be duplicated and distributed to the Commission; that copies have been provided to Staff; that the request is to place the item on the Agenda for future discussions. Commissioner Quillin asked if the item could be discussed during discussion concerning Strategic Planning? Vice Mayor Palmer stated yes. MAYOR MASON: A. stated that the reason for being late to the Commission meeting was due to her attendance at a Citizen Police Volunteer Patrol Meeting to swear in the new recruits of the Citizen Police Volunteer Patrol, including herself; that community participation in the program is outstanding; that the Citizen Police Volunteer Patrol is two years old and a wonderful program. B. stated that a leadership training through the National League of Cities will be attended from September 18 through September 22, 2002. COMMISSIONER MARTIN: A. stated that the Chattanooga Tour on October 1 and 2, 2002, will be attended; that Chattanooga, Tennessee, is successful in dealing with transit; that Solid Resources Inc., has organized the tour; that 15 individuals representing the MPO, Sarasota County Area Transit (SCAT), Manatee County Area Transit (MCAT), the City Manager, Commissioner Paul Mercier, Sarasota Board of County Commissioners, the County Planner, and several others will travel to Chattanooga for the tour; that a report will be brought back to the Commission; that Chattanooga has a very successful trolley system; that Chattanooga funded the company which built the electric transit system and now builds electric transit systems for areas all over the world. Commissioner Quillin stated that receiving information regarding the funding of the trolley system would be appreciated; that a large amount of the City's transit funding is through State and Federal funding which is allocated to the MPO. Commissioner Martin stated information concerning funding will be brought to the Commission. B. stated that funding positions for historic preservation was discussed at the fiscal year (FY) 2002/03 Budget Workshops; that the City did not fund the positions as the work now being performed is accomplished by the Countyi that the County has been providing 12 to 18 BOOK 52 Page 23950 09/16/02 6:00 P.M. BOOK 52 Page 23951 09/16/02 6:00 P.M. hours per month of consultation regarding historic preservation to the City; that the consultation is crucial to the City's efforts for historic preservation; that the County has notified the City the 12 to 18 hours of consultation will be eliminated; that the elimination of the consultation places historic preservation in a bad position; that not funding the positions and being surprised by County with the elimination of the service is a significant concern; that historic preservation is now unfunded and in great need; that the City will now have to determine a way to meet the need. City Manager McNees stated that a meeting will be held with the County Administrator regarding the elimination of the County service; that City residents still pay County taxes which fund the program; that further discussions will be held. Vice Mayor Palmer stated that discussions regarding historic preservation are supported; that taxes are being paid for the service; that she was not aware the County was eliminating the service. Commissioner Quillin stated that the County has threaten to withdraw historic preservation services for years; that County taxes are being paid by City residents for services; that discussions should be held with the County as soon as possible; that the County has previously requested additional City Staff to assist with the historic preservation workload. C. stated that Commission consensus to place a discussion regarding meeting days and times on the Agenda for the October 7, 2002, Regular Commission meeting is requested; that meeting past 11:30 p.m. will not be supported in the future; that the Commission does not service the citizenry past 11:30 p.m.i that the Commission meets at night to allow the citizenry the opportunity to observe and participate in the meetings; that meeting one night and one day for the two monthly meetings should be considered; that the City Commission of the City of Bradenton meets one night and one day for the two monthly meetings which is believed to involve more citizenry than two night meetings; that many citizens do not go out at night; that starting the meeting earlier or placing Citizens' Input first on the Agenda are other suggestions; that the City Manager and the City Auditor and Clerk should consider the logistics of changing the times. Mayor Mason concurred. Commissioner Quillin stated that the Commission should discuss the meeting days and times at an upcoming Workshop instead of placing an item on the Agenda of a Regular Commission meeting; that a number of items scheduled on the September 3, 2002, Agenda were not time sensitive and could have been placed on the September 16, 2002, Agenda; that internal scheduling should be evaluated; that a decision to end at 11:30 p.m. on September 3, 2002, could have been made early in the meeting to allow Staff to go home; that discussions regarding days and times of meeting can take place at up coming Workshop rather than an item on the October 7, 2002, Regular Commission meeting Agenda; that the Administration should provide a report back to the Commission regarding suggestions to control the meetings. Mayor Mason stated that the Commissioners should be aware of their own verboseness; that the Administration is overburdened; that the discussions regarding days and times of a meeting should be placed as an item on the Agenda of a Regular Commission meeting. Commissioner Servian stated that the Commission is not doing a favor to the citizenry by making decisions at 1:00 a.m.; that the goal of engaging the public is not accomplished at 1:00 a.m.; that most people watch the news from 11:00 to 11:30 p.m.. then go to bed; that meeting one night and one day for the two monthly meetings is a good idea; that rules were set at a previous Workshop regarding the number of times a Commissioner can speak to a given issue; that the Commission is not adhering to the rules; that at times, one Commissioner speaks four or five times to one issue; that the Commissioners should examine their own behavior to be more efficient. City Auditor and Clerk Robinson stated that the rule is a Commissioner can speak twice after a motion is made; however, Commissioners are speaking before a motion is made. Commissioner Martin stated that the rule includes asking only questions before a motion is made. City Auditor and Clerk Robinson stated that the conversation is no longer in the form of questions prior to a motion. BOOK 52 Page 23952 09/16/02 6:00 P.M. BOOK 52 Page 23953 09/16/02 6:00 P.M. Mayor Mason stated that the issue will not be settled at this time. Commissioner Servian stated that a discussion concerning days and times of Commission meetings should be scheduled on the next Agenda. Commissioner Quillin stated that the Administration should provide report back to the Commission. City Manager McNees stated that the Charter Orticlals will provide a report to the Commission; that three items were scheduled on the Agenda in which lengthy discussions unrelated to the item occurred; that discipline is the key to controlling the length of time required to compete the Agenda; that the Commission should apply the same discipline required of public speakers to themselves; that new programs and ideas should be discussed during planning sessions and workshops rather than during scheduled Agenda items. Commissioner Quillin asked the time in which planning sessions and workshops to develop new programs and discuss ideas are schedule. City Manager McNees stated that the Administration will find time for planning sessions and workshops. 21. OTHER MATTERS/ADMINISTRATIVE OFFICERS (AGENDA ITEM XII) CD 9:36 through 9:38 CITY AUDITOR AND CLERK ROBINSON: A. stated that following is the upcoming Commission meeting schedule: 2 p.m., September 17, 2002 City/County Joint meeting 2 p.m., September 23, 2002, Workshop regarding the Trolley 6 p.m., September 24, 2002 Joint meeting with the Planning Board/Local Planning Agency regarding the preliminary draft of the Downtown Code 3:30 to 4:30 p.m., Joint meeting of the Community September 24, 2002 Redevelopment Agency (CRA) and CRA Advisory Board B. stated that the City Commission Special meeting currently scheduled for September 23, 2002, regarding second reading of proposed Ordinance Nos. 02-4411 and 02-4386 will be rescheduled. C. stated that a Regular meeting of the CRA Advisory Board is scheduled from 4:30 to 5:30 p.m. immediately following the joint meeting with the CRA. 22. ADJOURN (AGENDA ITEM XIII) CD 9:38 There being no further business, Mayor Mason adjourned the Regular meeting of September 16, 2002, at 9:40 p.m. 1 M.( dlp A CAROLYN . MASON, MAYOR ATTEST: Bully Rolenson BILLY EO ROBINSON, CITY AUDITOR AND CLERK BOOK 52 Page 23954 09/16/02 6:00 P.M.