MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF SEPTEMBER 3, 1997, AT 6:00 P.M. PRESENT: Mayor Gene Pillot, Vice Mayor Jerome Dupree, Commissioners Mollie Cardamone, David Merrill, and Nora Patterson, City Manager David Sollenberger, City Auditor and Clerk Billy Robinson, and City Attorney Richard Taylor ABSENT: None PRESIDING: Mayor Gene Pillot The meeting was called to order in accordance with Article III, Section 9 of the Charter of the City of Sarasota at 6:00 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. Mayor Pillot stated that a vehicular accident on the John Ringling Causeway Bridge has delayed the arrival of citizens residing on the Keys, including members of the family to whom the Commission will be presenting a memorial resolution; therefore, hearing no objections, adoption of Memorial Resolution No. 97R-1001 will be delayed pending the arrival of Mrs. Carol Robbins. 1. CHANGES TO THE ORDERS OF THE DAY - APPROVED #1 (0020) through (0096) City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Add under Scheduled Presentations, with the consent of Commissioner Cardamone, Item No. V-2, Presentation Re: Request for the City Commission to forward a letter to the Governor and Cabinet opposing Florida Power & Light Company's Use of Orimulsion, presented by Audrey Lucker, President, Lido Key Residents Association B. Add under Scheduled Presentations, with the consent of Commissioner Cardamone, Item No. V-3, Presentation Re: The use of Orimulsion by Florida Power & Light Company (FPL), presented by Ed Rathke and R.C. Chalker C. Add under New Business, Item No VIII-2, Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the City/County, Interlocal Agreement for the Library Strestscape/Parking Project, per the request of Dennis Daughters, Director of Engineering/City Engineer D. Add under New Business, Item No VIII-3, Approval Re: Grant a 10-foot utility easement to FPL and authorize the Mayor and City Auditor and Clerk to execute an BOOK 42 Page 15156 09/03/97 6:00 P.M. BOOK 42 Page 15157 09/03/97 6:00 P.M. agreement between Mote Marine Laboratory and the City of Sarasota, per the request of City Manager Sollenberger On motion of Commissioner Cardamone and second of Vice Mayor Dupree, it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 2. APPROVAL RE: MINUTES OF THE JOINT MEETING OF THE SARASOTA CITY COMMISSION AND THE SARASOTA HOUSING AUTHORITY BOARD OF JULY 10, 1997,>> SPECIAL SARASOTA CITY COMMISSION MEETING OF JULY 22, 1997, REGULAR SARASOTA CITY COMMISSION MEETING OF AUGUST 18, 1997, AND SPECIAL SARASOTA CITY COMMISSION MEETING OF AUGUST 25, 1997 - APPROVED (AGENDA ITEM I-1-2,-3,-4) #1 (0096) through (0103) Mayor Pillot asked if the Commission had any changes to the minutes. Mayor Pillot stated that hearing no changes, the minutes of the joint meeting of the Sarasota City Commission and the Sarasota Housing Authority Board of July 10, 1997, the special City Commission meetings of July 22, 1997, and August 25, 1997, and the regular City Commission meeting of August 18, 1997, are approved by unanimous consent. 3. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, AND 3 - APPROVED (AGENDA ITEM III-A) #1 (0106) through (0117) 1. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Temporary Parking Agreement between the City of Sarasota and Water Club II Development, Inc. for temporary parking of construction workers of Water Club II at Ken Thompson Park 2. Approval Re: Award of contract and authorize the Mayor and City Auditor and Clerk to execute a contract with Jon F. Swift, Inc., Sarasota, Florida, (Bid #97-83) in the amount of $165,900 for the installation of Bird Key replacement street lighting 3. Approval Re: Contract for sale of Real Estate between the City of Sarasota and Betty Gillespie in the amount of $27,200 for the sale and rehabilitation of City- owned property located at 2919 Noble Avenue On motion of Commissioner Patterson and second of Commissioner Cardamone, it was moved to approve Consent Agenda No. 1, Item Nos. 1 through 3 inclusive. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 4. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 97R-1002) - ADOPTED; ITEM 2 (RESOLUTION NO. 97R-1003) = ADOPTED; ITEM 3 (ORDINANCE NO. 97-4009) - ADOPTED; ITEM 4 (ORDINANCE NO. 97-4014) - ADOPTED (AGENDA ITEM III-B) #1 (0117) through (0210) City Auditor and Clerk Robinson read proposed Resolution Nos. 97R-1002 and 97R-1003 in their entirety and proposed Ordinance Nos. 97-4009 and 97-4014 by title only. 1. Adoption Re: Proposed Resolution No. 97R-1002, appropriating $20,000 from the Special Law Enforcement Trust Fund (Forfeitures) to continue to fund the D.A.R.E. Program; etc. 2. Adoption Re: Proposed Resolution No. 97R-1003, appropriating $30,030 from the Unappropriated Fund Balance of the L.0.S.T. Fund to provide funds to reimburse Theatre Associates, Ltd., for the installation of the nine (9) pedestrian street lights along U.S. 301, from Main Street to the Mid-Block Driveway, etc. 3. Adoption Re: Second reading of proposed Ordinance No. 97-4009, to amend and restate Ordinance No. 95-3840 pertaining to the rezoning of the subject site to the Commercial Office Park (COP) Zone District; said amendment consists of the substitution of Development Plan Petition 97-DPR-11 to permit the construction of commercial retail stores to be known as Walgreens Plaza in lieu of the previously approved Site and Development Plan 94-PSD-K; approving said Development Plan 97-DPR-11 pertaining to property located on the west side of South Tamiami Trail between Prospect Street and Bahia Vista Street in a COP Zone District, as more particularly described herein; providing for conditions; etc. (Title Only) (Petition Nos. 97-CO-09 and 97-DPR-11, Petitioner William W. Merrill, III, Esq., representing BVP Assoclates/Olympia Development Group) 4. Adoption Re: Second reading of proposed Ordinance No. 97-4014, providing for the designation of the structure located at 507 Jackson Drive as a structure of historic significance pursuant to the Historic Preservation Ordinance of the City of Sarasota; etc. (Title Only) (Petition No. 97-HD-01, Petitioner Mikki Hartig) On motion of Vice Mayor Dupree and second of Commissioner Cardamone, it was moved to adopt Consent Agenda No. 2, Item Nos. 1 through 4, inclusive. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion BOOK 42 Page 15158 09/03/97 6:00 P.M. BOOK 42 Page 15159 09/03/97 6:00 P.M. carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. Mayor Pillot requested City Auditor and Clerk Robinson to explain the public hearing process. City Auditor and Clerk Robinson stated that at this time petitioners have 15 minutes to address the Commission and 5 minutes for rebuttal; that any citizen who has signed up to speak has 5 minutes. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. 5. FIRST PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 97-4018, ADOPTING A BUDGET FOR THE CITY OF SARASOTA FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1997 AND ENDING ON SEPTEMBER 30, 1998; SAID BUDGET TO INCLUDE THE GENERAL FUND, SPECIAL REVENUE FUNDS, DEBT SERVICE FUNDS, ENTERPRISE FUNDS, INTERNAL SERVICE FUNDS, THE CAPITAL IMPROVEMENT PLAN: PROVIDING FOR CURRENT EXPENSES AND CAPITAL EXPENDITURES OF THE WATER AND SEWER UTILITY SYSTEM OF THE CITY OF SARASOTA, EACH BEING SPECIFICALLY IDENTIFIED HEREIN; ASSESSING AND LEVYING AD VALOREM TAXES FOR CALENDAR YEAR 1997; SPECIFYING THE AD VALOREM TAX MILLS TO BE LEVIED AND ASSESSED FOR PURPOSES OTHER THAN BONDED-DEBT SERVICE; SPECIFYING THE AD VALOREM TAX MILLS LEVIED AND ASSESSED FOR BONDED-DEBT SERVICE; MAKING APPROPRIATIONS FROM THE AD VALOREM TAX REVENUES COLLECTED; IDENTIFYING THE BUDGETS AND AMOUNT OF THE AD VALOREM TAX REVENUES WHICH ARE APPROPRIATED FOR THE PURPOSES ENUMERATED HEREIN; APPROPRIATING MISCELLANEOUS REVENUES AND SURPLUS REVENUES FOR THE PURPOSES STATED; INSTRUCTING THE FINANCE DIRECTOR TO KEEP ACCOUNTS sO AS TO ASSURE THE PROPER UTILIZATION OF FUNDS APPROPRIATED TO A PARTICULAR USE OR PURPOSE; APPROPRIATING FUNDS FOR OTHER EXPENSES AND EXPENDITURES; PROVIDING FOR THE DESIGNATION OF A RESERVATION OF FUND BALANCE FOR ENCUMBRANCES AND THE REAPPORTIONING OF FUNDS AT THE END OF FISCAL YEAR 1997-98; PROVIDING THAT A NET SURPLUS, AFTER REAPPORTIONING OF FUNDS, SHALL BE AVAILABLE FOR APPROPRIATION FOR THE ENSUING FISCAL YEAR: APPROPRIATING ALL FUNDS RECEIVED FROM THE STATE OR FEDERAL GOVERNMENT FOR USES AUTHORIZED BY APPLICABLE LAW: APPROPRIATING ALL MISCELLANEOUS REVENUES NOT OTHERWISE IDENTIFIED IN THIS ORDINANCE AND SURPLUS REVENUES FROM EACH REVENUE SOURCE FOR OPERATING EXPENSES OF THE CITY OF SARASOTA UP TO AND INCLUDING THE TOTAL AMOUNTS APPROPRIATED HEREBY OR AS MAY BE SUBSEQUENTLY PROVIDED BY THE CITY COMMISSION: RESTRICTING THE USE OF DEBT SERVICE TAXES ONLY FOR THE PURPOSES FOR WHICH APPROPRIATED: INSTRUCTING THE FINANCE DIRECTOR TO PROCEED TO COLLECT ALL REVENUES DUE THE CITY OF SARASOTA, INCLUDING AD VALOREM TAXES LEVIED HEREBY AND INITIALLY COLLECTED BY THE TAX COLLECTOR FOR SARASOTA COUNTY, FLORIDA; AUTHORIZING THE FINANCE DIRECTOR TO PAY OUT MONIES COLLECTED PURSUANT TO THIS ORDINANCE FOR THE PURPOSES STATED; REQUIRING PAYMENTS ON WARRANT OF THE CITY AUDITOR AND CLERK, COUNTERSIGNED BY THE CITY MANAGER, WHEN REQUIRED BY THE CHARTER OF THE CITY OF SARASOTA; APPROPRIATING FUNDS RECEIVED FROM THE TREASURER OF THE UNITED STATES AND ANY BALANCE REMAINING AT THE END OF ANY FISCAL YEAR AS FUNDING UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF IF DECLARED INVALID; ETC. (TITLE ONLY) - PASSED ON FIRST READING (AGENDA ITEM IV-1) #1 (0210) through (0562) Gibson Mitchell, Director of Finance, came before the Commission and stated that this is the first of two required public hearings for the adoption of the budget; that proposed Ordinance No. 97-4018 adopts a budget for the City of Sarasota for the fiscal year (FY) beginning October 1, 1997, and ending on September 30, 1998; that the current operating millage of 3.7105 mills will be reduced by 13.9 percent to 3.1949 mills, which will yield a net ad valorem tax revenue for the General Fund of $8,934,975; that the operating millage of 3.1949 mills is used to fund the following: City Operations $5,914,760 County Fire Subsidy $3,020,215 Mr. Mitchell continued that the voted debt service millage is calculated at 1.0388 mills, a 4.17 percent decrease from the current level of 1.084 mills; that the total millage required to finance the FY 97/98 budget is 4.2337; that the effect of the millage reduction to an owner of property with a taxable value of $82,087, the average taxable value in the City including the $25,000 Homestead Exemption, would be a decrease in taxes of $46.03 or a reduction of 11.7 percent. Mr. Mitchell further stated that the Truth in Millage Bill requires the City to state the proposed operating millage rate for ad valorem taxes in terms of an increase or decrease from 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 prior year, FY 96/97; that the Preliminary Certification of Taxable Value in the City received from the Sarasota County Property Appraiser is $3,072,674,536; that the rolled-back rate is 3.4796 mills; that the proposed millage rate of 3.1949 mills for FY 97/98 is an 8.18 percent decrease from the rolled-back rate. Mr. Mitchell stated further that General Fund expenditures for FY 97/98 total $32,765,351, which is an increase of $131,000 compared to FY 96/97. Mayor Pillot stated that the City's millage rate will decrease; however, a property owner may not experience an 11.7 percent BOOK 42 Page 15160 09/03/97 6:00 P.M. BOOK 42 Page 15161 09/03/97 6:00 P.M. reduction in City taxes if, for example, the non-exempt valuation of their property has increased. Mr. Mitchell stated that is correct. Mayor Pillot opened the public hearing. There was no one signed up to speak and Mayor Pillot closed the public hearing. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 97-4018 on first reading. City Auditor and Clerk Robinson read proposed Ordinance No. 97-4018 by title only. Mayor Pillot stated that the Administration provided a detailed presentation of the proposed FY 97/98 budget during the Budget Workshops which were held by the Commission on July 22, 23, and 24, 1997. On motion of Commissioner Merrill and second of Commissioner Cardamone, it was moved to pass proposed Ordinance No. 97-4018 on first reading. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. Mayor Pillot stated that hearing no objections, the public hearing on proposed Ordinance No. 97-4010 will be delayed pending the arrival of John Patterson, the attorney representing the petitioner. 6. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 97-4012, AMENDING CHAPTER 37 OF THE SARASOTA CITY CODE, WATER AND SEWERS, BY CREATING A RATE STRUCTURE FOR RECLAIMED WATER CONSUMED FOR THE PURPOSE OF EXPANDING, REPAIRING, OPERATING AND MAINTAINING THE RECLAIMED WATER SYSTEM OF THE CITY OF SARASOTA; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF IF DECLARED INVALID; PROVIDING FOR REPEALING ORDINANCES IN CONFLICT; ETC. (TITLE ONLY) - PASSED ON FIRST READING (AGENDA ITEM IV-3) #1 (0560). through (1399) William Hallisey, Acting Director of Public Works, and Douglas Taylor, Environmental Resources Manager, came before the Commission. Mr. Hallisey stated that proposed Ordinance No. 97-4012 amends Chapter 37 of the Sarasota City Code to create a rate structure for all reclaimed water consumed except bulk service; that the proposed rate is based on recommendations contained in the Interim Reuse Rate Study prepared by Post, Buckley, Schuh & Jernigan, Inc., the City's Water and Sewer Engineer of Record; that a reclaimed water system has been developed to ease the demand on the City's potable system and to provide for a beneficial use of treatment plant effluent; that the initial phase of development focused on meeting wastewater disposal needs, which have been met; that the second phase focused on constructing a transmission main loop to provide the backbone for an urban reuse system; that development of the $6 million reclaimed water system was funded by leveraging local funds to achieve $3.3 million in matching grant funds from the Southwest Florida Water Management District (SWFWMD) - , the Department of Environmental Protection (DEP) and the Environmental Protection Agency (EPA). Mr. Hallisey continued that construction of the transmission main loop for the urban reuse system is complete; that many issues will have to be addressed and policy decisions made before reclaimed water service is expanded into City neighborhoods; that a proposal regarding expansion of the urban reuse system is being developed; that the proposed rate structure presents a reasoned approach which will allow the City to make reclaimed water service available to customers adjacent to the existing transmission main loop in the interim. Mr. Taylor referred to and explained the following components of the Interim Reuse Rate, which were displayed on the overhead projector: FIXED FEE $7.15 per month VOLUME FEE to 15,000 gallons $0.50 per 1,000 gallons 15,000 to 100,000 gallons $0.25 per 1,000 gallons more than 100,000 gallons $0.10 per 1,000 gallons CONNECTION FEE two-inch meter or less $275.00 Larger than two inches Actual cost Mr. Taylor stated that the fixed fee proposed for reclaimed water is the same as the fixed fee currently charged for potable water irrigation service; that a declining block volume fee is proposed which will provide substantial savings to the customer currently using potable water for irrigation but will also be attractive to the large volume user relying on well water; that the connection fee proposed is comparable to the minimum connection fee charged for potable water irrigation service. Mayor Pillot asked the size of the typical residential meter? Mr. Taylor stated that one inch is the standard size established for residential reclaimed water meters. BOOK 42 Page 15162 09/03/97 6:00 P.M. BOOK 42 Page 15163 09/03/97 6:00 P.M. Mr. Taylor referred to and explained the following Monthly Bill Comparison, which was displayed on the overhead projector: Reclaimed Potable 10,000 gallons (Residential User) 12.15 36.70 500,000 gallons (Selby Gardens) 75.90 1,120.00 1 million gallons (Bayfront) 125.90 3,434.05 2 million gallons (Ed Smith Stadium) 225.90 4,480.00 Mr. Taylor stated that the potable costs displayed are exclusive of sewer charges as customers with irrigation meters are not assessed sewer rates. Mr. Taylor referred to and explained the following Price Comparison for residential use of 10,000 gallons of reclaimed water monthly, which was displayed on the overhead projector: City of Clearwater $18.00 City of Dunedin $14.50 City of Sarasota $12.15 Manatee County $11.25 City of St. Petersburg $10.36 city of Tarpon Springs $9.50 City of Largo $7.00 City of Cape Coral $6.80 City of Venice $6.25 Mr. Taylor stated that the entities with residential monthly rates above $10.00 are primarily user-fee based; that the entities with rates under $7.00 require all water/sewer customers to subsidize the reclaimed water service whether or not the service is being received. Commissioner Cardamone stated that the cost for connecting two adjacent properties to the urban reuse system was raised as an issue in a recent Letter to the Editor in the Sarasota Herald- Tribune; and asked if the potential exists to provide a single connection for two or more adjacent properties under common ownership? Mr. Hallisey stated that the intent is to entice customers to use the reuse system for irrigation purposes; that room for negotiation exists for reclaimed water service to adjacent lots under common ownership; that the City could provide one service connection for reclaimed water, off of which the property owner could run pipes on the private property. Mr. Taylor stated that currently DEP regulations require the installation of back-flow prevention devices on potable service connections when a property is connected to reclaimed water service; that the DEP requirement could increase the cost for connection to the urban reuse system by approximately $300; however, the State is considering a change in the regulation which will require all potable water connections to be retrofitted over a ten-year period commencing in 1998. Commissioner Patterson asked the fee charged to existing large volume users of reclaimed water? Mr. Taylor stated that the High Hat Ranch is the major agricultural site to which reclaimed water is pumped for wastewater disposal; that the High Hat Ranch is under contract to receive service from the City at no charge for 20 years; that service is provided to other agricultural lands or golf courses outside the urban area, e.g., Oak Ford Golf Club, The Meadows Country Club, Britt Grove, at a rate of $0.055 per 1,000 gallons per contracts which include a provision for the city to raise the rate commensurate with rates charged in the region. Commissioner Patterson stated that the reuse system which initially established a venue for disposal of wastewater to agricultural lands and golf courses located outside the City and which was subsequently expanded to include an urban reuse transmission loop was paid for by in-City rate payers; that many residential customers use wells for irrigation; that developing an extremely low rate for residential users versus bulk users should be the focus to make the provision of reclaimed water a positive benefit to living in the City. Mayor Pillot stated that residents using well water must adhere to the water use restrictions in effect, e.g., which limit irrigation to twice weekly during certain hours of the day; however, water use restrictions would not apply to reclaimed water. Mr. Taylor stated that is correct. Commissioner Patterson stated that one service connection for reclaimed water, off of which the property owner could run pipes on the private property would limit the cost for connection; that a policy applied throughout the City for property owners who have two or more adjacent facilities on properties requiring only one reclaimed water meter should be considered. Mr. Hallisey stated that a proposal for expansion of the urban reuse system is being developed for future presentation to the Commission; that the Commission's desire to provide in-city rate payers the best service at the lowest charge is recognized; that capital financing and consumer acceptability are issues which will have to be addressed before the urban reuse system is expanded. Commissioner Cardamone stated that the provision of reclaimed water is viewed as a benefit to City residents; that she agrees enticing rates should be developed for residential users. BOOK 42 Page 15164 09/03/97 6:00 P.M. BOOK 42 Page 15165 09/03/97 6:00 P.M. Commissioner Merrill asked the extent to which service would be available to potential users? Mr. Taylor stated that many of the potential users impacted by the construction associated with installation of reuse transmission mains on Osprey and Orange Avenues and along North Tamiami Trail have contacted the City for service; that during construction, provisions for future connections were made in areas where potable irrigation service is provided; that existing potable irrigation customers will be transferred to the reuse system but will not be charged a connection fee. Commissioner Merrill asked if provision for future connections in the single-family residential areas of Glen Oaks has been provided and to whom inquiries regarding requests for service should be directed? Mr. Taylor stated that service to the condominium areas of Glen Oaks is currently provided off an existing low-pressure reuse line which transports reclaimed water to the east; that a private pump was installed to pressurize the water for irrigation; that the urban reuse system provides irrigation pressure at the curb; that installation of reuse pipes on 12th Street and Tuttle Avenue was performed in conjunction with the road improvement projects; that an extension of the urban reuse system to the Glen Oaks neighborhood is planned when 12th Street is improved east of Tuttle Avenue; that public inquiries regarding the urban reuse system can be directed to him. Mayor Pillot opened the public hearing. There was no one signed up to speak and Mayor Pillot closed the public hearing. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 97-4012 on first reading. City Auditor and Clerk Robinson read proposed Ordinance No. 97-4012 by title only. On motion of Commissioner Cardamone and second of Vice Mayor Dupree, it was moved to pass proposed Ordinance No. 97-4012 on first reading. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes; Dupree, yes. 7. ADOPTION RE: MEMORIAL RESOLUTION NO. 97R-1001, RECOGNIZING THE PASSING OF GERALD "JERRY" ROBBINS WHOSE CONTRIBUTIONS TO CITY GOVERNMENT AND TO THE COMMUNITY ARE APPRECIATED, ETC. - ADOPTED #1 (1399) through (1618) Mayor Pillot stated that Memorial Resolution No. 97R-1001 recognizes the May 24, 1997, passing of former Board of Adjustment member Gerald "Jerry" Robbins, an outstanding citizen of Sarasota. Mayor Pillot read Memorial Resolution No. 97R-1001 in its entirety. On motion of Commissioner Patterson and second of Commissioner Cardamone, it was moved to adopt Memorial Resolution No. 97R-1001. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Patterson, yes; Pillot, yes; Cardamone, yes; Dupree, yes; Merrill, yes; Mayor. Pillot presented the Robbins family with a framed plaque of the memorial resolution. Mrs. Robbins introduced her daughter, Ruth, son-in-law, Richard, and granddaughter Rachel Shapiro; and stated that the Commission's recognition of her husband's service to City government and the community is appreciated. 8. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 97-4010, TO AMEND AND RESTATE ORDINANCE NO. 96-3923 PERTAINING TO THE REZONING OF THE SUBJECT SITE TO THE COMMERCIAL RESIDENTIAL TRANSITION (CRT) ZONE DISTRICT; APPROVING AN AMENDMENT TO THE PREVIOUSLY APPROVED DEVELOPMENT PLAN 95-DPR-01 TO INCORPORATE OPEN-AIR DINING IN CONNECTION WITH AN EXISTING RESTAURANT ON PROPERTY CURRENTLY ZONED CRT AS PART OF THE TOWLES COURT PROJECT AS MORE SPECIFICALLY DEPICTED IN DEVELOPMENT PLAN PETITION 97-DPR-12; SETTING FORTH CONDITIONS FOR THE OPERATION OF THE OPEN-AIR DINING FACILITY; SAID DEVELOPMENT PLAN PERTAINING TO PROPERTY BEING LOCATED BETWEEN ADAMS LANE, LINKS AVENUE, MORRILL STREET AND SOUTH WASHINGTON BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN; ETC. (TITLE ONLY) (PETITION NOS. 97-DPR-12 AND 97-CO-10, PETITIONER RUSSELL MOORE, DESIGN STUDIOS WEST, AS AGENT FOR BEVERLY HILLS ASSOCIATES) - PASSED ON FIRST READING WITH REFERENCE TO "OPEN-AIR SEATING" CHANGED TO "OPEN-AIR DINING" AND THE PROHIBITION ON OUTDOOR RECORDED OR LIVE MUSIC DELETED (AGENDA ITEM IV-2) #1 (1618) through (3670) BOOK 42 Page 15166 09/03/97 6:00 P.M. BOOK 42 Page 15167 09/03/97 6:00 P.M. Commissioner Patterson stated that her husband is representing the petitioner; therefore, she is declaring a conflict of interest and will not vote on this item. Jane Robinson, Director of Planning and Development, came before the Commission, referred to a site plan displayed on the overhead projector, and stated that proposed Ordinance No. 97-4010 modifies previously approved Conditional Rezoning Ordinance No. 96-2923 by amending the site plan submitted with the original request to allow up to 30 seats for open-air dining in the structure at 1938 Adams Lane located in Towles Court; that Towles Court is bounded by U.S. 301 to the east, Links Avenue to the west, Adams Lane to the north, and Morrill Street to the south; that on July 2, 1997, the Planning Board/Local Planning Agency (PBLP) found proposed Conditional Rezoning Petition 97-CO-10 and Development Plan Petition 97-DPR-12 consistent with the Sarasota City Plan and the City's Tree Protection Ordinance and recommended approval to the City Commission subject to the following six conditions: 1. The restaurant shall cease service of food and beverages to patrons in the open-air seating area at 10 p.m. Sunday through Thursday and at 11 p.m. on Friday and Saturday. 2. There shall be no outdoor live or recorded music. 3. The capacity of the open-air seating shall not exceed 30 seats. 4. The open-air seating shall only be located on the wood deck portion of the porch that is under roof cover. 5. No bright lights shall shine directly into other building structures on other parcels or the walkway. 6. The open-air seating shall be buffered on the sides with either a part of the principal structure or by an enclosure of at least two feet in height, which may consist of plants, planters, and/or fences or walls. City Attorney Taylor briefly explained the fact-finding process followed during quasi-judicial public hearings; and stated that an Administration's recommendation on land use matters is not customary and, therefore, has not been provided for proposed Ordinance No. 97-4010. Commissioner Cardamone stated that she has had ex parte communications regarding the issue of an open-air dining facility for Jeff's Desserts. John Patterson, Attorney, Law Firm of Livingston, Patterson, Strickland & Weiner, P.A., and N.J. Oliveri, representing Beverly Hills Associates, came before the Commission. Attorney Patterson stated that the Towles Court project originated in 1994 with a petition to conditionally rezone the property to the Commercial, Residential Transition (CRT) Zone District; that the minutes of the June 5, 1994, regular City Commission meeting reflect comments by Tina Taylor Little, on behalf of the Laurel Park Neighborhood Association (LPNA), regarding the problems generated by the property on which the Towles Court development was proposed and a statement that their worst nightmare could become their dream; that the worst nightmare of the LPNA has become a terrific successi that the City has contributed to the success of the Towles Court development; that the site plan originally submitted and approved contemplated a land condominium development with certain conditions; that subsequently the ordinance was amended to allow for the development of an Association of Owners with covenants and restrictions approved by the City Attorney as opposed to a land condominium; that the original conditional rezoning ordinance permitted all uses allowed in the CRT Zone District but prohibited specific uses; that outdoor dining was not listed as a prohibited use; that Timothy Litchet, Manager of Zoning and Code Enforcement, took the position that outdoor dining was not a part of the original ordinance and issued a code violation citation to Jeff's Desserts; that an appeal to the Board of Adjustment regarding Mr. Litchet's decision resulted in a 2 to 2 vote; that the tie vote essentially affirmed Mr. Litchet's decision; that a lawsuit was filed to maintain status quo of the operation at Jeff's Desserts; that the litigation is pending; that in an attempt to resolve the situation in the interim, meetings were held with the residents of Towles Court to develop restrictions amenable to the residents and the owners regarding outdoor dining; that the conditions recommended by the PBLP are acceptable to the petitioner with the exception of the following: 6. The open-air seating shall be buffered on the sides with either a part of the principal structure or by an enclosure of at least two feet in height, which may consist of plants, planters, and/or fences or walls. Attorney Patterson stated that Item #6 refers to a requirement of the CRT Zone District; that at the PBLP public hearing, Sarah Schenk, City Attorney's Office, agreed the language was redundant and should not be incorporated into the proposed ordinance. 2. There shall be no outdoor live or recorded music. Attorney Patterson stated that the desire of the developer and the intent of the Towles Court residents was not to prohibit BOOK 42 Page 15168 09/03/97 6:00 P.M. BOOK 42 Page 15169 09/03/97 6:00 P.M. outdoor music completely; that the soft, background music emanating from small speakers onto the porch at Jeff's Desserts is viewed as appropriate; that classical music is played in a non-intrusive manner and cannot be heard from the property line; that the petitioner desires the flexibility to have an acoustic guitarist play at scheduled events; that the property owners have the flexibility to manage the community and to adapt appropriate restrictions through the covenants and restrictions, reviewed by the City Attorney, without holding public hearings or consuming City Staff time; that self-management by the community would be more effective than micro-management of the community by the Commission. Attorney Patterson continued that the proposed conditional rezoning amendment applies only to the structure located at 1938 Adams Lane, where Jeff's Desserts is operated, and not to the entire Towles Court development. Commissioner Merrill asked the distance from the subject property to the Closest non-Towles Court residential property? Attorney Patterson stated that no residential properties exist on Adams Lane, the street on which the subject property fronts; that residential properties exist on Morrill Street, which is one block to the south; that two or three single-family, homes are located on Links Avenue; that the distance to the nearest residential property is approximately the depth of the block or 200 feet; that construction of the Towles Court development is complete; that buildings separate Jeff's Desserts from the residences on Morrill Street; that the likelihood of music played at Jeff's Desserts affecting residences outside of the Towles Court community is slim to none. Commissioner Cardamone stated that Jeff's Desserts currently plays soft, relaxing music; however, a future tenant may choose to play louder or an alternative style of music. Mr. Oliveri stated that the owners are concerned with the effects the music may have on the eight other artists who occupy 75 percent of the structure at 1938 Adams Lane; that the intent is to regulate the music through the covenants and restrictions which can be amended by the Association of Owners. Attorney Patterson stated that the Association of Owners have the ability to govern themselves through the land use provisions of the covenants and restrictions; that a self-policing system exists within the Towles Court community. Mayor Pillot asked if the City's general noise ordinance would apply to Towles Court? City Attorney Taylor stated yes. Mayor Pillot asked if Item #2 is redundant of the City's general noise ordinance? City Attorney Taylor stated no; that Item #2 is an absolute prohibition of outdoor music; that the general noise ordinance currently drafted applies a reasonable sensibilities standard to noise levels. Mayor Pillot asked if the City's general noise ordinance would provide controls as to volume or disturbing effects of the music played at Jeff's Desserts? City Attorney Taylor stated yes. Attorney Patterson submitted for the record a letter from Pat Gawle, 1950 Adams Lane, expressing support in favor of proposed Ordinance No. 97-4010. Mayor Pillot opened the public hearing. The following people came before the Commission: Kathleen Carillo, 1945 Morrill Street (34237), stated that she is on the Board of Directors of the Towles Court Artists Association and is under contract to purchase the property adjacent to the subject building; that she has been involved in the development of Towles Court and opened her gallery when numerous migrant workers were residing in the adjacent building; that Towles Court is a new and unique community of artists attempting to make a living in the community; that as an artists community, an ability to entertain visiting guests is an important aspect of achieving success; that the levels of music which will be allowed at the restaurant is of concern; however, those issues can be addressed by the property owners, who through selr-management, have contributed to the positive atmosphere which exists in Towles Court; that proposed Ordinance No. 97-4010 is supported with the deletion of Item #2. Elle Leonard, 1958 Adams Lane (34237), stated that she moved onto Adams Lane when the conditions were deplorable; that the City should be proud of the Towles Court development; that all of Towles Court can be viewed from the porch at Jeff's Desserts; that allowing outdoor seating at the restaurant will enhance the casual ambiance of Florida dining, is important to provide transition for the visitors dining and frequenting the businesses, and is supported. Daniel McNichol, 1919 Morrill Street (34236), stated that his family resides in Towles Court; that his wife operates a Yoga Studio; that the covenants and restrictions are binding by the ordinance which created Towles Court; that the ability for the Association to change those covenants and restrictions without amending the ordinance is questioned; that live music is appropriate in an artists community; that Jeff's Desserts has been conscientious in the use of live music; however, a BOOK 42 Page 15170 09/03/97 6:00 P.M. BOOK 42 Page 15171 09/03/97 6:00 P.M. subsequent vendor may not be as conscientious as Jeff's Desserts; that Mr. Oliveri has the subject property for sale; that a future owner may not have the same views as Mr. Oliveri; that the issue should be addressed. Mr. McNichol continued that recorded music or live music on occasion is appropriate; that proposed Ordinance No. 97-4010 is supported. Paul Thorpe, Executive Director, The Downtown Association of Sarasota, stated that the Towles Court development has enhanced the Downtown and spearheaded similar development in other City neighborhoods; that The Downtown Association supports proposed Ordinance No. 97-4010; that the City's general noise ordinance will address any adverse impacts experienced from music played at the subject property; that the real estate values in the Laurel Park Neighborhood have increased substantially; that the Commission should not attempt micro-manage the artists community which has been successful under self-management thus far. Maria Repas, 9830 Currie David Drive, Tampa (33713), representing Jeff's Desserts, stated that the owners of Jeff's Desserts are part of the Towles Court community and are members of the Towles Court Association; that the music played at Jeff's Desserts is background music; that outdoor dining is part of the ambiance at Jeff's Desserts, has received positive recognition, and is planned for incorporation at cafés operated in nine other locations; that Jeff's Desserts has, and will continue to operate in a neighborly and professional manner. There was no one else signed up to speak and Mayor Pillot closed the public hearing. Attorney Patterson and N.J. Oliveri came before the Commission. Attorney Patterson stated that Mr. McNichol questioned whether consent by the City is required to amend the covenants and restrictions for Towles Court; that as the author of the covenants and restrictions, he- does not view consent by the City as required. Mayor Pillot asked if the petitioner views the City's general noise ordinance as a satisfactory control over live or recorded music at the subject property? Attorney Patterson stated that the City's general noise ordinance would set the outside parameters; however, the Towles Court property owners have discussed the issue and plan to draft a second amendment to the covenants and restrictions which will establish more restrictive parameters regarding music. Mayor Pillot stated that the Towles Court property owners are likely to establish a decibel level significantly lower than the maximum sound level allowed by City ordinance if Item #2 is not included in the proposed Ordinance No. 97-4010? Attorney Patterson stated that is correct. Commissioner Merrill stated that Item #4 refers to "open-air seating"; that the language could potentially restrict seating for scheduled events; that reference to "open-air dining" may be more appropriate. Attorney Patterson stated that the proposed ordinance pertains only to the structure located at 1938 Adams Lane; that the open area to the south of the parking area is a common area being developed as a sculpture garden; that the common area is governed by the Association of Owners; that the proposed language would not restrict seating for an Art Walk or Stroll at Towles event; however, the proposed language would prohibit the tenant or owner of 1938 Adams Lane from having seating outside of the porch area. Mayor Pillot stated that he agrees reference to "open-air dining" may be more appropriate; and asked if City permits for special events at Towles Court are required? City Manager Sollenberger stated that the intent is to limit the number of seats on the porch for dining to 30; that the use of the park area is a separate issue. City Attorney Taylor stated that changing the reference from "seating" to "dining" in Item #4 would be appropriate and should be done. V. Peter Schneider, Deputy City Manager, came before the Commission and stated that the city's special event process usually applies to publicly-owned lands not to privately-owned land. Mayor Pillot asked if the petitioner is in favor of the proposed change in language under Item #4? Attorney Patterson stated yes; that precise wording is always useful in an ordinance. Vice Mayor Dupree asked if the conditions are supported and will be enforced by the Association? Attorney Patterson stated that with the exception of Item #2, the conditions will be incorporated verbatim into the Association of Owners declaration of covenants and restrictions; that detailed restrictions on outdoor, recorded or live music will also be incorporated; that the issuance of City code violation citations will not be required for enforcement. BOOK 42 Page 15172 09/03/97 6:00 P.M. BOOK 42 Page 15173 09/03/97 6:00 P.M. City Auditor and Clerk Robinson entered the following documents into the record: City of Sarasota Zoning Code Sarasota City Code City of Sarasota Comprehensive Plan (Sarasota City Plan) Engineering Design Criteria Manual Standard Building Code (1994 Edition) with Appendices A,D,F,H,J & M and City of Sarasota local amendments Planning Board/Local Planning Agency agenda packet and minutes of the July 2, 1997, PBLP meeting City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 97-4010 on first reading. City Auditor and Clerk Robinson read proposed Ordinance No. 97-4010 by title only. On motion of Commissioner Merrill and second of Vice Mayor Dupree, it was moved to pass proposed Ordinance No. 97-4010 on first reading with the following four conditions: The restaurant shall cease service of food and beverages to patrons in the open-air seating area at 10 p.m. Sunday through Thursday and at 11 p.m. on Friday and Saturday. The capacity of the open-air seating shall not exceed 30 seats. The open-air seating shall only be located on the wood deck portion of the porch that is under roof cover. No bright lights shall shine directly into other building structures on other parcels or the walkway. Commissioner Cardamone requested a response from Administration to Mr. McNichol's question regarding changes to the covenants and restrictions for Towles Court. Attorney Schenk came forward and stated that the City reviewed the Towles Court declaration of covenants for consistency when the initial ordinance was approved; that Attorney Patterson is correct; that the Association of Owners can amend the declaration of covenants to address the issue of music provided the restrictions are consistent with other provisions in the ordinance. City Attorney Taylor stated that the declaration of covenants adopted by the Association of Owners are not City but private regulations; that the covenants and restrictions are not part of the Sarasota City Code. Attorney Schenk stated that the enforcement section of the declaration of covenants provides the City with the option of enforcing the Association's regulations. Commissioner Cardamone stated the City would have the ability to enforce the Association's regulations if noise complaints are received from nearby or distant residences? City Attorney Taylor stated yes, if the problem is brought to the city's attention. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Pillot, yes; Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, abstained. 9. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 97-4016, AMENDING CHAPTER 32 OF THE SARASOTA CITY CODE, TAXATION, ARTICLE II, PUBLIC SERVICE TAX, BY ASSESSING INTEREST AND PENALTIES FOR FAILURE TO PAY AN EXCISE TAX WHEN DUE OR FILE ANY REQUIRED RETURN; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF IF DECLARED INVALID; PROVIDING FOR REPEALING OF ORDINANCES IN CONFLICT; ETC. (TITLE ONLY) = PASSED ON FIRST READING (AGENDA ITEM IV-4) #1 (3670) through (3801) Gibson Mitchell, Director of Finance, came before the Commission and stated that on May 29, 1997, the Florida Legislature adopted House Bill (HB) 1275, which addresses the municipal collection of Utility Excise Taxes; that HB 1275 requires language consistent with Section 166.23(7), Florida Statutes be included in the Sarasota City Code; that proposed Ordinance No. 97-4016 adds language to Section 32-17 of the City Code, which sets forth the excise taxes on every purchase of electricity, fuel oil, metered gas, bottle gas, and water service in the City. Mayor Pillot opened the public hearing. There was no one signed up to speak and Mayor Pillot closed the public hearing. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 97-4016 on first reading. City Auditor and Clerk Robinson read proposed Ordinance No. 97-4016 by title only. On motion of Commissioner Cardamone and second of Vice Mayor Dupree, it was moved to pass proposed Ordinance No. 97-4016 on first reading. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried BOOK 42 Page 15174 09/03/97 6:00 P.M. BOOK 42 Page 15175 09/03/97 6:00 P.M. unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 10. SCHEDULED PRESENTATIONS RE: REQUEST FOR WAIVER OF THE 30 DAY MINIMUM BETWEEN THE PLANNING BOARD/LOCAL PLANNING AGENCY'S REPORT OF ACTIONS TO THE CITY COMMISSION RELATIVE TO PETITION NO. 97-SE-11 = APPROVED (AGENDA ITEM V-1) #2 (0081) through (0180) Devin Rutkowski came before the Commission and stated that the Planning Board/Local Planning Agency (PBLP) public hearing for consideration of Petition No. 97-SE-11, a special exception to allow a child care facility on a portion of the property located at 1773 Morrill Street, is scheduled for Thursday, September 4, 1997; that the application packet for the petition was submitted in June for consideration at the August PBLP meeting; however, the petition was rescheduled to the September PBLP meeting because of questions from the departments and conflicting vacation schedules. Mr. Rutkowski continued that opening during the traditional "fall enrollment" cycle is critical to the success of the new school; that the delay in the planned September opening has caused concern on the part of the families waiting to enroll; that Section 3-13 of the Zoning Code requires a minimum of thirty days between PBLP action and a report to the City Commission; that waiver of the 30- day requirement and placement of the Board Report on the agenda for the September 15, 1997, regular City Commission meeting is requested. City Manager Sollenberger stated that the Administration recommends the Commission find a hardship does exist and waive the 30-day requirement. On motion of Commissioner Merrill and second of Vice Mayor Dupree, it was moved to find a hardship exists and to waive the 30-day minimum requirement between PBLP action and report to the Commission on Petition No. 97-SE-11. Commissioner Cardamone asked if Staff vacation schedules interfered with the processing of the petition? Mr. Rutkowski stated that the departmental questions were a greater issue; that the departmental concerns with the petition could have been addressed prior to the Development Review Committee (DRC) meeting had he and his wife been apprised the concerns existed. Mayor Pillot called for a vote on the motion. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. Mr. Rutkowski stated that the Commission's continual support of the Laurel Park neighborhood is appreciated. 11. SCHEDULED PRESENTATIONS RE: REQUEST FOR THE CITY COMMISSION TO FORWARD A LETTER TO THE GOVERNOR AND CABINET OPPOSING FLORIDA POWER AND LIGHT'S USE OF ORIMULSION - (SEE ITEM NO. 12) (AGENDA ITEM V-2) #2 (0187) through (0380) Audrey Lucker, President, Lido Key Residents Association, came before the Commission and stated that Florida Power & Light Company (FPL) proposes to burn Orimulsion at the Manatee Plant in Parrish, Florida; that last year the Governor and Cabinet of the State of Florida rejected a recommendation of a hearing officer and denied FPL's request to burn Orimulsion at the Manatee Plant; that FPL filed suit; that the court remanded FPL's request to the Cabinet to identify the factual findings in the record which served as a basis for their denial. Ms. Lucker continued that early in 1996, the Lido Key Residents Association held a symposium at which representatives of FPL, Sarasota County, the Sierra Club, and ManaSota 88 made presentations; that while no facts were presented to indicate FPL could not burn Orimulsion safely, the benefits to citizens were not and still have not been fully explained; that at the conclusion of the symposium, the Association voted to oppose FPL's proposal; that in February 1996, the City Commission, after hearing from a Lido Key resident, voted to send a letter requesting that the Governor and Cabinet be fully satisfied the use of Orimulsion will not adversely impact Florida's fragile ecology prior to granting approval; that assurance has yet to be demonstrated that the burning of Orimulsion will not harm the ecology which is vitally important to Florida's economy and the beauty of Sarasota's environment. Ms. Lucker requested that the City Commission once again forward a letter to the Governor and Cabinet reconfirming a desire for full and thorough investigation by the State prior to considering approval which would allow FPL to burn of Orimulsion at the Manatee Plant. Ms. Lucker stated that Florida and the surrounding local community are being used as "guinea pigs"; that requests to burn Orimulsion in other states in America have been denied; that Venezuela, the country from which the main components of the fuel originates, does not burn Orimulsion; that Denmark is discontinuing the use of Orimulsion; that Orimulsion is currently used only at one location in Canada; that a strong letter from the Commission to the Governor and Cabinet would be appreciated. Vice Mayor Dupree stated that information has been reviewed; however, sufficient knowledge has not been gained which would allow him to take a position on the issue of Orimulsion. BOOK 42 Page 15176 09/03/97 6:00 P.M. BOOK 42 Page 15177 09/03/97 6:00 P.M. Ms. Lucker stated that information prepared by Manasota 88 has been forwarded to the Commission; that she is not knowledgeable about the subject of Orimulsion but is protective of Florida's fragile ecology; that the ecological environment should be preserved for future generations. Mayor Pillot stated that potential Commission action should be delayed until the next presentation, provided by representatives of FPL, is heard. 12. SCHEDULED PRESENTATIONS RE: THE USE OF ORIMULSION BY FLORIDA POWER & LIGHT COMPANY - AUTHORIZED THE MAYOR TO SIGN A LETTER MODELED AFTER PARAGRAPHS 1 AND 3 OF THE FEBRUARY 22, 1996, LETTER (AGENDA ITEM V-3) #2 (0380) through (1337) Ed Rathke and R.C. Chalker, representing FPL, came before the Commission. Mr. Rathke stated that the Manatee Orimulsion Conversion Project as currently configured will bring cleaner air to Manatee County and the surrounding area; that the Manatee Plant will be running more; however, total air emissions will be reduced by 18 percent compared to current levels; that the reduction in air emissions will generate cleaner water; that the shipping safety plan, which is endorsed by the United States Coast Guard and which provides additional spill prevention measures, will reduce the probability of a spill in Tampa Bay or Manatee County by 75 percent; that a recent newspaper article referenced an environmental report prepared by a prominent scientist which stated the following: We are on the verge of doing the single most important thing for this region for years to come from an environmental standpoint. Mr. Rathke stated that lower electric rates will be realized by all FPL customers; that FPL is attempting to permit the Manatee Orimulsion Conversion Project through the Florida Electrical Power Siting Act process; that the siting of power plants is a "not in my back yard" issue; that the power plant is not in Sarasota County but in Manatee County; that last week, the Manatee Board of County Commissioners, the governing body of the host county, voted in favor of requesting the Governor and Cabinet to listen to the recommendations of the agencies, scientists, and engineers who have spent many months reviewing the project and to make a decision accordingly based on the facts presented; that FPL customers are not "guinea pigs"; that FPL is assuming the risk; that the issues are many; that real facts and technical answers to all of the complex issues have been submitted. Mr. Rathke continued that FPL is requesting that the Commission take no action and allow the power plant siting process to proceed with as little governmental and political influence as possible; that the Cabinet's decision should not be made based on politics or emotions but on the real facts, scientist peer reviews, and studies conducted. Mr. Chalker stated that the entire State of Florida will benefit from the Manatee Orimulsion Conversion Project; that air emissions will be reduced around the State by FPL's operating the Manatee Plant at higher levels as less burning of dirtier fuels will be required; that Orimulsion is being used in other countries; that the contracts in Denmark and Japan were recently extended. Commissioner Cardamone requested that the Mayor ask Dr. Kumar Mahadevan, who is present in the audience, to come forward and comment on the report entitled "Independent Review of Orimulsion Documentation Concerning Spills at Sea" which was prepared by Mote Environmental Services, Inc., and issued on August 20, 1997. Kumar Mahadevan, Ph.D.. Executive Director, Mote Marine Laboratory, came before the Commission and stated that Dr. Steve LeGore, President of Mote Environmental Services, Inc., was unable to attend this meeting; that Mote is a scientific organization which prides itself in providing independent, objective, scientific analysis; that he was not directly involved in the critical review; that the report was prepared by four preeminent scientists who analyzed the studies performed by FPL and identified areas in which questions seem to remain, e.g., spill dispersion, control or containment of an Orimulsion spill versus an oil spill, and the effects in shallow areas; that Mote Marine Laboratory is not taking a position on Orimulsion; that CSX Transportation, Inc., a railway company, initiated and funded the study to determine where the scientific gaps exist. Mayor Pillot stated that Mote Marine Laboratories has not taken a position in favor or against the use of Orimulsion and feels the Cabinet's decision should be based on scientific fact. Dr. Mahadevan stated that is correct. Commissioner Patterson asked if the report has been made available to the Cabinet officials? Dr. Mahadevan stated yes. Commissioner Patterson stated that the report appears to indicate potential consequences of a spill require further research. Dr. Mahadevan stated that is correct. Commissioner Cardamone cited the following from page 1 of the report: BOOK 42 Page 15178 09/03/97 6:00 P.M. BOOK 42 Page 15179 09/03/97 6:00 P.M. Since 1960, 592 oil spills greater than 10,000 gallons have been reported in the United States, representing 34.4 percent of the world's reported spills. Of these, 45.1 percent, or 267 spills, have occurred in the Gulf of Mexico . Commissioner Cardamone stated that the power plant may be sited in Manatee County; however, use of Orimulsion at FPL's Manatee Plant will affect Sarasota Bay and Sarasota County; that winds blow air emissions in all directions; that in February 1996, the City Commission did not take a position in favor or against the use of Orimulsion but forwarded a letter requesting the Governor and Cabinet to be cautious in deliberating the subject and to be thoroughly satisfied with the facts before making a decision; that a similar letter should be forwarded at this time. On motion of Commissioner Patterson and second of Commissioner Cardamone, it was moved to forward a letter to the Governor and Cabinet using the February 22, 1997, letter as a model but replacing the second paragraph with language emphasizing a concern for exploration of the potential consequences of a spill. Mayor Pillot stated that the report prepared by Mote Environmental Services, Inc., specifically stipulated that its staff and consultants will not participate in an adversarial or advocacy role on either side of the socio-political debate concerning Orimulsion; that although sending the type of letter referenced would seem to be potentially useful and not harmful, justified reasons for doing so are not apparent; that the Commission would be urging the Governor and Cabinet to perform in a manner which is self evident. Commissioner Merrill stated that he could easily support resending the February 22, 1996, letter if the second paragraph were completely eliminated. On motion of Commissioner Merrill and second of Commissioner Patterson, it was moved to amend the motion to delete reference to a second paragraph and to have a letter to the Governor and Cabinet read as follows: The Sarasota City Commission duly assembled on September 3, 1997, requested that I write you on its behalf regarding the proposed burning of Orimulsion at the Florida Power & Light Company's Manatee Plant in Parrish, Florida. The Sarasota City Commission is requesting that you and the Cabinet officials be thoroughly satisfied that the use of Orimulsion will not adversely impact Florida's fragile ecology prior to the approval for Florida Power & Light to proceed. Commissioner Merrill stated that the proposed letter will not be viewed as offensive; that the public expects the Governor and Cabinet officials to be thoroughly satisfied before taking action. Commissioner Merrill continued that burning fossil fuels creates more carbon in the atmosphere; that increased carbon dioxide levels are a contributing factor to the global warming being experienced; that the Manatee Orimulsion Conversion Project will create a plant which runs longer and generates more carbon dioxide. Commissioner Patterson stated that a conversation held previously with Mr. Chalker indicated that Environmental Protection Agency (EPA) guidelines would require levels of all air emissions except Carbon Monoxide to be below historical levels. Commissioner Patterson continued that the intent of the original motion was to delete the second paragraph of the February 22, 1996, letter; that reference to the potential consequences of a spill was included based on one particular concern noted; that other concerns more than likely exist; that she is comfortable with forwarding the letter as outlined by Commissioner Merrill. Mayor Pillot called for a vote on the amendment to the motion. Motion carried (4 to 1): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, no. Mayor Pillot stated that he does not find fault with the motion but cannot support sending a letter requesting the Governor and Cabinet to act in a manner consistent with their responsibility and in a manner which will occur anyway. Mayor Pillot called for a vote on the motion as amended. Motion carried (4 to 1): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, no. Mayor Pillot stated that the two paragraphs have one sentence each and should be combined into one paragraph for better use of the English language. Commissioner Cardamone stated that the letter should be forwarded no later than tomorrow afternoon. City Auditor and Clerk Robinson stated that letters to the Governor and each of the Cabinet officials will be prepared for the Mayor's signature and faxed. 13. UNFINISHED BUSINESS: STATUS REPORT RE: FINANCIAL SUSTAINABILITY REQUEST FOR PROPOSAL (RFP #97-81) = REFERRED TO THE ADMINISTRATION (AGENDA ITEM VII-1) #2 (1335) through (1750) BOOK 42 Page 15180 09/03/97 6:00 P.M. BOOK 42 Page 15181 09/03/97 6:00 P.M. City Manager Sollenberger stated that six responses to the Request for Proposals (RFP) to develop a Financial Sustainability Study have been received; that Task #3 of the Study requires preliminary analysis be undertaken to establish a trend line projection or graphic presentation of socioeconomic factors which may affect the City in the future; that input from City stakeholders including neighborhood and business groups as well as outside sources of information will be incorporated within Task #3 of the Financial Sustainability Study. City Manager Sollenberger continued that as indicated in the August 10, 1997, memorandum from Douglas James, Senior Planner II, the stakeholders will act as a think tank rather than an advisory committee; that a list of recommended stakeholders representing various entities and organizations accompanies the memorandum; that the Commission is requested to inform the Administration by September 9, 1997, if names should be added to or deleted from the list; that Staff will contact the stakeholders after a final list has been developed to explain the preliminary analysis required in Task #3, conduct a discussion meeting, and report back. Commissioner Patterson stated that 57 recommended stakeholders have been listed; and asked the expected size of the stakeholders' think tank? Douglas James, Senior Planner II, came before the Commission and stated that the analyses required to complete the Financial Sustainability Study will encompass geographical areas and social and political entities beyond the borders of the City; that the RFP describes Task #3 as a process in which Staff, residents, and business interests will work with the selected consultant to develop a trend line projection of fiscal and socioeconomic conditions and ascertain how the City can best survive in the future; that a list of approximately 60 citizens has been provided; that the stakeholders willing to serve will meet and discuss the socioeconomic factors most likely to impact the City in the future; that the results of the discussion meeting will be returned to the Commission. Commissioner Patterson asked if the Commission is expected to contribute names to the list of stakeholders? Mr. James stated yes. Commissioner Patterson asked the expected size of the stakeholders' think tank? Mr. James stated that the number of stakeholders required to conduct the preliminary analyses has not been determined; however, a group of 200 people would be unwieldy; that 60 to 70 people may be an appropriate number; that Commission input is requested. Commissioner Patterson stated that a list of 60 prominent citizens recommended to represent the City as stakeholders has already been developed and entered into the public record; that the Commission has been placed in a difficult position as more than half of the recommended stakeholders do not reside in or pay taxes to the City. Mr. James stated that the Financial Sustainability Study will address issues which expand across City borders. Commissioner Patterson stated that the Commissioners should have been provided the opportunity to independently and separately develop lists of recommended stakeholders and work together with Staff to determine a final list; that she is uncomfortable with a process which presents to the Commission a list of citizens and a recommendation that the current size of the list should be maintained. Mr. James stated that the list could be increased or decreased; that the citizens who come from different walks of life have been recommended as possible stakeholders to work with the selected consultant. Commissioner Cardamone stated that her initial reaction was annoyance that a list of citizens' names had been provided to the Commission as a virtual fait accompli; that embarrassment might be caused to people on the list whose names the Commission may wish to delete; that the Commission should have been provided with a list of entities and organizations considered essential to development of the Financial Sustainability Study; that removing the item from the agenda was considered; that Staff has probably worked hard to prepare the status report; however, the presentation of a list of recommended stakeholders is viewed as inappropriate; that although the Financial Sustainability Study may explore issues beyond city borders, Commissioners should have been provided the opportunity to independently develop lists of names from which a final list could be compiled. Commissioner Merrill agreed; and stated that the Financial Sustainability Study is being performed for City residents; that although the opinions of individuals outside the City may be requested, the Financial Sustainability Study will proceed only if a benefit to City residents can be ensured; that the Commission cannot revise the list; that Task #3 of the Study should not proceed; that other means to achieve the desired goal should be devised; that a private citizen would expect to be contacted in advance to determine the appropriateness of his/her name being entered into the public record. BOOK 42 Page 15182 09/03/97 6:00 P.M. BOOK 42 Page 15183 09/03/97 6:00 P.M. Mr. James stated that the recommended stakeholders have not been contacted. Commissioner Merrill stated that a lack of sensitivity exists; that the Financial Sustainability Study will directly address the City's existing problems; that sensitivity towards the residents to accomplish the desired goal is required; that Task #3 has been presented in a manner which could impede the progress of essential analysis required to determine the City's long-term economic viability. City Manager Sollenberger stated that the Administration recommends referring the Financial Sustainability Study to the Administration for a report back. On motion of Vice Mayor Dupree and second of Commissioner Merrill, it was moved to approve the Administration's recommendation. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 14. NEW BUSINESS: APPROVAL RE: DENY BID PROTEST OF TREBOR DEVELOPMENT CORPORATION, D/B/A PRINE LIMOUSINE FARMS, ON BID NO. 97-77 FOR LEASING OF LANDS AT VERNA WELLFIELDS FOR GRAZING - APPROVED (AGENDA ITEM VIII-1) #2 (1753) through #3 (0178) V. Peter Schneider, Deputy City Manager, came before the Commission and stated that Theodore Parker, Attorney, representing Trebor Development Corporation, d/b/a Prine Limousine Farms, has filed a protest on Sealed Bid No. 97-77 - Leasing of Verna Wellfieldss; that the bid was for the lease of lands for cattle grazing; that the bid protest was initially denied by the Temporary Purchasing Manager based on the failure of Prine Limousine Farms to attend a mandatory pre-bid conference on June 11, 1997; that Prine maintains attendance at the pre-bid conference was unnecessary due to their familiarity with the property and also that the City's authority to require mandatory attendance at pre-bid conferences is restricted to public works construction projects in excess of $10,000; that the Temporary Purchasing Manger's denial was subsequently appealed and upheld by the Deputy City Manager; that the appeal before the Commission is the final step in the protest process. Mayor Pillot asked if the appeal was denied because the petitioner did not adhere to the administrative guidelines for bidding? Mr. Schneider stated that is correct; that the bid specifications as well as a Notice to Bidders transmittal letter included in the agenda materials clearly state that the pre-bid conference is mandatory. Theodore Parker, P.A.. Attorney, 2033 Main Street (34237) and Robert Prine, President, Trebor Development Corporation d/b/a Prine Limousine Farms, came before the Commission. Attorney Parker stated that Administrative Regulation No. 024.A007.0195 addressing purchasing policies, requirements, and procedures for the City states that bid specifications for major public works construction projects in excess of $10,000 require the City to hold a mandatory or non-mandatory pre-bid conference at least five days prior to the scheduled time for receiving bids; that the requirements for a pre-bid conference may be waived by the Purchasing Manager with the approval of the City Manager or his/her designee. Mayor Pillot asked if the petitioner requested the Administration waive the pre-bid conference requirements? Attorney Parker stated no. Attorney Parker continued that Prine Limousine Farms has leased the Verna Wellfields for the past five years, investing approximately $50,000 to clear the site, plant grasses, and repair and install fences; that although Prine did not appear at the pre-bid conference, Prine did submit a bid prior to the call-for-bid date; that the Temporary Purchasing Manager refused to consider the Prine bid; that Prine feels excluded from the bidding process due to the unjustifiable criteria the Administration required for this bid; that the regulation should be amended if the Administration wants to apply mandatory pre-bid conference requirements to a bid which is not a major public works project in excess of $10,000; that the Administrative Regulation was arbitrarily modified. Mayor Pillot requested clarification. City Attorney Taylor stated that the Administrative Regulation addressing pre-bid conference requirements specifically applies to major public works construction projects in excess of $10,000; that the Regulation does not specify the requirement will be applied to a bid for the lease of grazing lands; that the petitioner asserts a mandatory pre-bid conference can be held only if language specifically providing the authority to do so is included in the regulation. City Attorney Taylor continued that the City is not obsessively micro-managed; that each and every regulation is not scrutinized to determine if Staff is specifically empowered to take whatever action is required to conduct the business of the City; that the city adheres to and enforces regulations written on the point; that nothing in the regulation prohibits the requirement of a mandatory pre-bid conference. BOOK 42 Page 15184 09/03/97 6:00 P.M. BOOK 42 Page 15185 09/03/97 6:00 P.M. City Attorney Taylor further stated that the bidders were notified that attendance at the pre-bid conference was mandatory, that non-attendance would result in the bid being considered unresponsive, and that tardiness exceeding ten minutes from the commencement of the meeting would be considered non-attendance; that the Commission should review the matter to determine if an injustice has occurred; that the Administration and the City Attorney's Office recommend the bid not be awarded to anyone at this time if the Commission determines an injustice has occurred; that the Commission has the right to reopen the bid. Mayor Pillot asked if attendance at the pre-bid conference was indicated as mandatory in the Notice to Bidders? City Attorney Taylor stated yes. Mayor Pillot asked if Staff is authorized to require attendance at a pre-bid conference in the absence of any regulation to the contrary? City Attorney Taylor stated yes. Mayor Pillot asked if the petitioner received the Notice to Bidders? Mr. Prine stated that he was out of town; that he called his office to check the mail and was informed a letter from the City had arrived; that an assumption was made that the letter had been sent to confirm discussions between himself and City Staff regarding the bid; that his staff was instructed to set aside the letter until his return; that the pre-bid conference occurred the day before his return; that attendance at a pre-bid conference was not required when Prine Limousine Farms first bid for the lease of lands at Verna Wellfields five years ago; that he did not know the City's procedures governing the bidding process would change. Mr. Prine continued that the City received little or nothing for the land at Verna Wellfields prior to his bid five years ago; that he raised the level of the bid amount and expended a great deal of money on the property; that 180 acres of palmettos and roots were cleared, new grass planted, and fencing installed; that not opening the letter was a mistake; however, a mandatory pre-bid conference was not required five years earlier; that the City would be justified in reopening the bidding as his bid was higher than the others. Mayor Pillot stated that the Notice to Bidders had been mailed in a timely manner; that Mr. Prine, who was out of town, mistakenly instructed his staff not to open the envelope; and asked if the City is justified in denying the bid by Prine Limousine Farms despite Mr. Prine's unfortunate mistake? City Attorney Taylor stated that two administrative reviews addressed the bid protest; and asked if the mistake regarding the mail was revealed during the appeal process? Mr. Schneider stated that this is the first time the information has been heard; that the Temporary Purchasing Manager indicated no awareness of Mr. Prine's absence or mistake. City Attorney Taylor stated that Mr. Prine's absence, the instructions to his staff to set the letter aside, and the fact that a pre-bid conference had not been required five years earlier may not have provided the Administration sufficient reason to overrule the Purchasing Manager's decision to deny the bid protest; that as a matter of law, the factors could be considered relevant to the appropriateness of the bid protest; however, as a matter of law, the city is not required to reopen the bid. Mayor Pillot asked if the City distributed the Notice to Bidders in a timely manner? City Attorney Taylor stated yes. Mayor Pillot asked if the bidder's unawareness of the mandatory pre-bid conference is sufficient grounds to reopen the bid? City Attorney Taylor stated that Mr. Prine's absence, the confusion over the mail, and the fact that a pre-bid conference was not held five years earlier could have provided the basis for an administrative decision to recommend to the Commission that all the bids be rejected and the bidding process reopened; however, the Administration was not obligated to make that decision. Mayor Pillot asked if a negative precedent will be set for future bidding processes if the request to reopen the bid is granted on the grounds that the petitioner was not aware of the mandatory pre-bid conference? City Attorney Taylor stated that a precedent would be set; that the language in the Notice to Bidders was recently amended to state that tardiness exceeding ten minutes from commencement of the meeting will be considered non-attendance; that the amendment was written in response to a previous protest from bidders who attended and participated in a pre-bid conference only to have the project awarded to a bidder who appeared in the last few minutes of the conference; that the Administrative Regulation would require additional revision to avoid the City's having to accept excuses similar to that of Prine Limousine Farms in the future. Commissioner Merrill stated that the Commission has the legal right to rebid the leasing of lands for grazing at Verna Wellfields; that finding a cause of injustice is not required; BOOK 42 Page 15186 09/03/97 6:00 P.M. BOOK 42 Page 15187 09/03/97 6:00 P.M. and asked if the Commission can simply rebid the project for any reason whatsoever? City Attorney Taylor stated that is correct; that the bidders would be provided the opportunity to submit another bid. Commissioner Merrill stated that minimal deliberation would be required to address a similar situation in the private sector; that a private business would reopen the bid if additional income could be generated by doing so; that the Commission is constrained by quasi-judicial and fairness issues; however, the Commission also has the legal right to reopen the bid process and receive a higher revenue; and asked if the City has ever rejected a high bid on the basis of a process violation? Mr. Schneider stated that he cannot recall if a high bid in a revenue-generating situation has ever been rejected. Commissioner Merrill stated that reopening the bid will not produce a negative impact on future bidding processesi that the possibility of setting a harmful precedent is not known; and asked if other issues such as a violation of a previous agreement determined the Administration's decision to deny the request to reopen the bid? Mr. Schneider stated no. Commissioner Patterson asked if a potential liability to the City could result if the Commission reopens the bid? City Attorney Taylor stated no; that the Administrative Regulation and the Notice to Bidders specifically indicate the City's right to reject all bids. Commissioner Patterson stated that in the past, the City's awarding of a contract to a bidder who attended only the last few minutes of the mandatory pre-bid conference resulted in a bid protest; that the bid protesters questioned the purpose of holding a pre-bid conference if the only requirement is to appear at the end of the meeting; that the process should have a necessary purpose. Commissioner Patterson continued that although the Notice to Bidders was revised to include the warning that tardiness of ten minutes constitutes non-attendance, Staff previously determined the pre-bid conference was not necessary or the project would not have been awarded to the bidder who appeared during the last few minutes; that the Commission must achieve the highest benefit to the City; that rejecting a higher bid from a tenant whose inclination is to improve City property and sending the message that leaseholders should not risk improving City property is inappropriate; that reopening the bidding process is preferred, however, she is uncomfortable with the situation. Commissioner Cardamone stated that the Deputy City Manager has stated he was unaware that Mr. Prine was out of town and did not read the Notice to Bidders until the day after the pre-bid conference; and asked if the information was revealed during the two administrative hearings? Mr. Prine stated yes; that he informed the Temporary Purchasing Manager that he had been out of town, did not open the mail until the day after the pre-bid conference, and that a pre-bid conference had not been required five years earlier; that the Temporary Purchasing Manager denied the request to reopen the bid and forwarded the bid protest to the City Manager's Office. James Strickland, 24615 Oak Knoll Road, Myakka (34251), came before the Commission and stated that Staff was questioned at the pre-bid conference as to whether the individuals attending the conference would be the only ones whose bids would be accepted; that the requirement for attendance was confirmed by Staff; that Prine Limousine Farms has requested preferential treatment; that William Welch and Jim Strickland Ranch, which had leased the Verna Wellfields for ten years in the past, quietly vacated the property, leaving COW pens, fences, and other improvements when a higher bid was accepted five years ago. Mr. Strickland continued that the bid by William Welch and Jim Strickland Ranch is believed to be higher than the one submitted by Prine Limousine Farms; that he and Mr. Welch are cattlemen who have been awarded the lease for the lands for grazing and anticipate immediate use of the land; that no reasons exist to deny the lease to Mr. Welch and himself; that Staff has recommended denial of the protest; that a dangerous precedent would be set for future bids if the Commission does not adhere to Staff's recommendation; that the decision is not difficult when based upon the regulations and the requirements of the mandatory pre-bid conference. Mr. Strickland further stated that during a second pre-bid mandatory conference addressing a parcel on the east side of the property, Gary Scarpinato, one of the bidders, advised the existing fencing is inadequate and the property poorly maintained; that Staff advised the land would be leased in an "as is, where is" condition; that fencing must be replaced and the weeds cleared; that he and Mr. Welch, who have retained an attorney, adhered to the process and believe the bid amounts are highly comparable. Commissioner Cardamone asked for clarification of the bidding process and why Mr. Schneider was not apprised of the reasons for Mr. Prine's absence during the two administrative reviews? Mr. Schneider stated that sealed bids are publicly opened and recorded; that the bid tabulation listing the bidders is BOOK 42 Page 15188 09/03/97 6:00 P.M. BOOK 42 Page 15189 09/03/97 6:00 P.M. prepared; that an aggrieved bidder is able to file a bid protest which is initially heard by the Purchasing Manager who either rejects or supports the protest; that the next step is appeal of the Purchasing Manager's denial to the City Manager or his designee; that he conducted the second administrative review as City Manager Sollenberger was out of town; that the protest was denied based on information which included correspondence between Prine Limousine Farms and the Purchasing Department; that the matter was discussed with the Temporary Purchasing Manager; that presentation of the bid protest to the Commission is the final step. Commissioner Cardamone stated that Mr. Prine's reasons for non-attendance are not included in the agenda materials. Mr. Schneider stated that this evening was the first time the reasons were heard. Commissioner Merrill asked the dollar difference between the two bids? Mr. Schneider stated that the information will be forthcoming. Commissioner Merrill stated that the Commission has the authority to reopen the bid; and asked how Mr. Schneider, with full understanding of the Commission's authority to reopen the bid, decided to accept a bid providing less revenue to the City. Mr. Schneider stated that the decision to deny the request to reopen the bid was based on a desire to maintain integrity in the procurement process; that the bid amounts were not reviewed; that treating all bidders equally and within the rules will maintain integrity in the procurement process. Commissioner Merrill stated that the cost for reopening the bidding process and the cost of goodwill should be considered when a high bid is rejected; however, proponents of the principle that government should achieve the same standards expected in the private sector support the achievement of results rather than an overzealous concern with procedures. Mr. Schneider stated that bid protests are more commonly filed by individuals vying for City funds; that the cost, i.e., of a construction project is estimated before the bid is advertised; that the bids are rejected and the projects costs reevaluated if all the bids exceed the estimated budget. Commissioner Merrill asked how many times per year all bids for. a project are rejected? Mr. Schneider stated that rejection of all bids for a project occurs approximately 10 to 20 times per year. City Manager Sollenberger stated that the requirements were clearly stated regardless of the new information regarding Mr. Prine's absence; that the two bid amounts differ by $4,000 over a three-year period; that the bid amounts are not the primary issue; that the public should know the regulations in the bidding process will be supported. City Manager Sollenberger continued that the Administration recommends denying the protest of Trebor Development Corporation, d/b/a Prine Limousine Farms, on Bid No. 97-77 regarding the leasing of lands for grazing at Verna Wellfields. Commissioner Patterson asked if a pre-bid conference is always required? Mr. Schneider stated no. Commissioner Patterson asked if prospective bidders must deduce the City's requirements from the Notice to Bidders and cannot assume the City's requirements will remain consistent? Mr. Schneider stated that projects under $10,000 do not require a formal bidding process, i.e., bids on standard equipment or vehicles; that proposals having the potential to generate questions or uncertainty from prospective bidders require a mandatory pre-bid conference; that a proposal below $10,000 would also require a pre-bid conference if sufficient questions regarding the bid specifications exist. Commissioner Patterson stated that Staff cannot develop a cost estimate when the bids being submitted are for a proposal which generates revenues for the City. Mr. Schneider stated that is correct. Commissioner Patterson asked if the previous income generated from the leasing of lands for grazing at Verna Wellfields was approximately $10,000? William Hallisey, Facilities Operations Manager, came before the Commission and stated yes. Commissioner Patterson stated that Staff could have decided to forego the pre-bid conference; that the previous lease had only generated approximately $10,000, less than the amount indicated in the Administrative Regulation as requiring a mandatory pre-bid conference; and asked if that is correct? Mr. Schneider stated yes. On motion of Commissioner Cardamone and second of Vice Mayor Dupree, it was moved to approve the Administration's BOOK 42 Page 15190 09/03/97 6:00 P.M. BOOK 42 Page 15191 09/03/97 6:00 P.M. recommendation to deny the protest of Trebor Development Corporation, d/b/a Prine Limousine Farms, on Bid No. 97-77 regarding the leasing of lands for grazing at Verna Wellfields. Commissioner Cardamone stated that the bidder who adhered to the procedures and won the bid fairly should not be required to begin again; that the Commission sympathizes with individuals who feel aggrieved with the City's process; that the dollar amount of the bids is not the primary issue; that reopening the bid would be inappropriate. Commissioner Merrill stated that many people argue that government needs to operate by the standards of the private sector; that rejecting the bids is in no way. unethical; that a precedent will not be set; that a private business person would reject all the bids and reopen the bidding process if additional income could be generated by doing soi that the Administration's recommendation will be supported; however, the dollar amount of the highest bid should have been considered when the decision was made to deny the bid. Commissioner Patterson stated that the dollar amount of the bid is precisely the primary issue; that the entire purpose of a bid is to produce the highest economic benefit for the City; that the motion to approve the Administration's recommendation will not be supported; that she has never not supported the Administration regarding an appeal of an administrative decision; however, adherence to procedure appears to have superseded the objective of government which is to protect the best interests of the public. Commissioner Patterson continued that the process should be refined to ensure consistency; that a potential bidder should have advance knowledge of the information contained in a Notice to Bidders and be able to go out of town for three weeks and know with confidence whether or not a pre-bid conference is mandatory; that the Administration may not have decided incorrectly; however, the bidding process exists to enable the City to receive the best deal. Mayor Pillot stated that he agrees with Commissioner Cardamone and supports the motion; that fairness is the primary issue; that the integrity of the bid process should be upheld; that Mr. Prine was forthright in admitting the Notice to Bidders had been received and that he did not request the mail to be opened; that the City's requirements were specified in the Notice to Bidders; that Mr. Prine may be justified in assuming that a pre-bid conference would not be required because one was not required five years ago; however, the Notice to Bidders was properly delivered and the integrity of the bid process should not be set aside. Mayor Pillot called for a vote on the motion to deny the protest of Trebor Development Corporation d/b/a Prine Limousine Farms, on Bid No. 97-77 regarding the leasing of lands for grazing at Verna Wellfields. Motion carried (4 to 1): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, no; Pillot, yes. Mayor Pillot asked if the bid will be awarded to William Welch and Jim Strickland Ranch? Mr. Schneider stated yes; that the bid will be awarded at the next regular Commission meeting. 15. NEW BUSINESS: APPROVAL RE: AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE THE CITY/COUNTY INTERLOCAL AGREEMENT FOR THE LIBRARY STREETSCAPE/PARKING PROJECT - APPROVED THE INTERLOCAL AGREEMENT FOR THE LIBRARY STREETSCAPE/PARKING PROJECT, AUTHORIZED THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE THE INTERLOCAL AGREEMENT, REFERRED TO THE ADMINISTRATION TO INITIATE A THREE-WAY DISCUSSION BETWEEN THE CITY, COUNTY, AND FPL TO DETERMINE THE FEASIBILITY OF INSTALLING ALL DOWNTOWN UTILITY LINES UNDERGROUND, AND REQUESTED DEVELOPMENT OF A FIVE POINTS STREETSCAPING PROJECT (AGENDA ITEM VIII-2) #3 (0192) through (0988) Alexandrea Hay, Assistant City Engineer, came before the Commission and stated that the interlocal agreement between the City and the County addresses the Library Streetscape/Parking Project; that Stephen Hepfer, Construction Project Administrator, Sarasota County General Services Department, has requested that the interlocal agreement be revised to specify that the City's $145,000 contribution will fund construction costs only rather than both design and construction costs as indicated in the document before the Commission; that all design costs will be funded by the County. City Manager Sollenberger stated that the Administration recommends approving the interlocal agreement for the Library stretscape/Parking Project and authorizing the Mayor and City Auditor and Clerk to execute the interlocal agreement. On motion of Commissioner Cardamone and second of Vice Mayor Dupree, it was moved to: 1) approve the interlocal agreement for the Library stretacape/parking project, and 2) authorize the Mayor and City Auditor and Clerk to execute the interlocal agreement. Commissioner Cardamone stated that Commission support is requested to develop a streetscaped plaza in the area surrounding Selby Five Points Park and the proposed Selby Library; that the area should not be paved in black asphalt. BOOK 42 Page 15192 09/03/97 6:00 P.M. BOOK 42 Page 15193 09/03/97 6:00 P.M. Commissioner Merrill stated that developing a streetscaped plaza at Selby Five Points Park is strongly supported; that Ms. Hay's August 25, 1997, memorandum states the County is working with Florida Power and Light (FPL) to install all the overhead utility lines underground; that the overhead utility lines running across the front of the proposed library property at Five Points are extremely unattractive; that allowing the utility lines to remain would be a terrible mistake. City Manager Sollenberger stated that the County is addressing the issue; that the aesthetics of the proposed library would be destroyed if the existing overhead utility lines, located approximately 15 feet from the face of the building, are allowed to remain. R.C. Chalker, Major Accounts Manager, FPL, stated that FPL is working with the County and the architects for the proposed library to develop a plan to relocate or install underground the overhead utility lines surrounding the proposed library site. Commissioner Cardamone asked if the overhead utility lines will be moved or placed underground? Mr. Chalker stated that the cost of installing the utility lines underground must be funded by someone other than FPL. Mayor Pillot asked where the overhead utility lines would be relocated if the decision is made to move the lines to another location? Mr. Chalker stated that the overhead utility lines along First Street will be installed underground; that the utility lines along Pineapple Avenue could be installed on existing overhead utility lines on Cocoanut Avenue; that the overhead utility lines on Central Avenue would be installed on Lemon Avenue between First and Second Streets where no lines currently exist. Mayor Pillot asked the cost for underground installation of all existing overhead utility lines in the Five Points area? Mr. Chalker stated that a cost estimate is unavailable; that removing the overhead utility lines on First Street and Central Avenue will cost approximately $13,000; that installing the utility lines underground on First Street will cost approximately $55,000; that relocating the lines removed from Central Avenue to Lemon Avenue will cost approximately $15,000; that removing the overhead utility lines along Pineapple Avenue and reinstalling them on Cocoanut Avenue will cost approximately $10,000; that contingencies are estimated at $18,000; that it is recommended that the overhead utility lines along Lemon Avenue be installed underground; however, the $60,000 job cannot be funded by FPL; that the total cost of underground installation on First Street and relocation of the utility lines from Central and Pineapple Avenue is approximately $112,000. Mayor Pillot stated that $55,000 is required to install the utility lines underground on First Street; that the removal and relocation of utility lines currently existing on Central and Pineapple Avenues will cost approximately $40,000 each; that underground installation of all existing lines in the area surrounding Five Points will require $120,000 above the current estimate of $112,000. Mr. Chalker stated that is correct. Commissioner Patterson stated that utility lines in downtown Tallahassee as well as other cities are located underground; that underground installation of the utility lines in the alley opposite City Hall on First Street was estimated at $80,000; and asked why the City of Tallahassee is able to install all utility lines underground? Commissioner Cardamone stated that the City of Tallanassee owns its own power plant. Commissioner Patterson stated that although Tallahassee may own the power plant, the street excavation, installation, etc., are funded by that city; that FPL is requested to consider cost participation in Downtown Sarasota; and asked the cost of installing all utility lines in Downtown underground? Mr. Chalker stated that FPL is a regulated utility unable to negotiate under free, open-market conditions; that the Public Service Commission (PSC) rules and regulations govern utility rates; that customers who wish to relocate overhead utility lines underground must pay the difference in cost. Mayor Pillot asked if the PSC requires the customer to pay the cost difference? Mr. Chalker stated yes. Commissioner Patterson asked if the actual work is performed by FPL? Mr. Chalker stated that FPL either performs the work or hires outside contractors reporting directly to FPL. Commissioner Patterson asked if the contractors who install the utility lines are awarded the jobs through a bid process or is a contractor hired after the costs of the job have been estimated by FPL? Mr. Chalker stated that an estimate is developed by FPL and approved by the PSC based on known costs of previous projects; that underground installation of utilities is extremely expensive due to excavation and street repaving costs. BOOK 42 Page 15194 09/03/97 6:00 P.M. BOOK 42 Page 15195 09/03/97 6:00 P.M. Mayor Pillot asked if the City Manager could be requested to initiate a three-way discussion between the City, the County, and FPL to determine if the underground installation of all Downtown utility lines is feasible? On motion of Commissioner Patterson and second of Vice Mayor Dupree, it was moved to refer to the Administration to initiate a three-way discussion between the City, the County, and FPL to determine the feasibility of installing all Downtown utility lines underground. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. Mr. Chalker stated that a duct and manhole system requiring a great deal of space is used in cities with underground utility lines; that a comprehensive plan to tie all utility lines together is required; that FPL has developed a plan to install Downtown utilities underground; however, PSC guidelines require the City or County to fund the cost. Commissioner Patterson asked if gas tax monies could be allocated to develop a comprehensive plan. Mr. Chalker stated that the cost of installing all Downtown utility lines underground is estimated at approximately $25 to $50 million. Vice Mayor Dupree asked if the overhead utilities in front of the library should be removed before the proposed library is constructed? Mr. Chalker stated that the County's time frame for construction of the proposed library requires the overhead utility lines on Central Avenue be relocated within the next five to six weeks. City Manager Sollenberger stated that overhead utility lines do not exist in Washington, D.C.; that Pineapple Park is more attractive due to the absence of overhead utility lines; that specific Downtown locations with scenic views should be identified and the cost of installing the utility lines underground estimated. Mayor Pillot called for a vote on the motion to 1) approve the interlocal agreement for the Library stretscape/parking project and 2) authorize the Mayor and City Auditor and Clerk to execute the interlocal agreement. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. Commissioner Patterson stated that trees around utility lines are sometimes pruned excessively; that other cities have canopies of trees over streets where utility lines exist; and asked if FPL could use more sensitivity when pruning trees? Mr. Chalker stated that Occupational Safety and Health Administration (OSHA) requirements determine the clearance around trees; that clearances determined by the National Electric Safety Code are enforced under existing laws; that companies hired by FPL to trim trees are trained per the National Arbor Foundation Trimming Standards; that cities allowing tree growth around utility lines are in violation of Federal Law; that the FPL employee responsible for companywide tree trimming is based in Sarasota and available for meetings with Commissioners. Commissioner Cardamone asked if the Commission supports streetscaping around Five Points? Mayor Pillot stated there is a consensus of the Commission to support. development of a Five Points Streetscaping Project. Commissioner Cardamone stated that the streetscaping recently installed on Osprey Avenue in Laurel Park could be used as a model for Five Points. Mr. Chalker stated that utility lines should be installed underground when streets are excavated for other purposes. Mayor Pillot stated that years ago, a decision was made to install reclaimed water lines whenever a street was excavated; that installation of utility lines underground in the area surrounding Five Points can be discussed at the three-way discussion between the City, County, and FPL. 16. NEW BUSINESS: APPROVAL RE: GRANT OF EASEMENT TO FLORIDA UTILITY AND LIGHT COMPANY AND APPROVAL OF AGREEMENT WITH MOTE MARINE LABORATORY = GRANTED EASEMENT AND APPROVED AGREEMENT (AGENDA ITEM VIII-3) #3 (0989) through (1089) City Manager Sollenberger stated that Mote Marine Laboratory has requested the city grant a 10-foot utility easement to Florida Power and Light Company (FPL) along City property to the east of the existing leasehold in Ken Thompson Park to allow for the installation of electrical service to Mote's new administration building; that an agreement between Mote Marine Laboratory and the City holding Mote responsible for equipment or service costs has been prepared; that the item has been brought before the Commission on short notice to enable construction of the new administration building to proceed without delay. V. Peter Schneider, Deputy City Manager, came before the Commission and stated that this is a ten-foot, underground easement running along the border of the roadway into the proposed parking lot to be constructed by the Water Club II BOOK 42 Page 15196 09/03/97 6:00 P.M. BOOK 42 Page 15197 09/03/97 6:00 P.M. Development, Inc., east of the Mote Marine Laboratory's leasehold area; that the easement runs along the border of the roadway and continues west to the new Mote Marine Laboratory's administration building. Commissioner Patterson asked if Mote Marine Laboratory will be responsible for the roadway paving costs? Mr. Schneider stated yes. City Manager Sollenberger stated that the Administration recommends granting the easement to Florida Utility and Light Company and approval of the agreement with Mote Marine Laboratory. On motion of Commissioner Cardamone and second of Commissioner Merrill, it was moved to approve the Administration's recommendation. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 17. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA - REQUESTED ADMINISTRATION TO: REQUEST REPORT BY DAVID JOHNSTON AND ASSOCIATES AT SEPTEMBER 4, 1997, SPECIAL MEETING REGARDING THE REMOVAL BY FDOT OF OAK TREES ON BAY ROAD AT OSPREY AVENUE, PROVIDE REPORT FROM THE SCHOOL BOARD REGARDING DECREASING TEST SCORES AT CITY ELEMENTARY SCHOOLS, NOTIFY POLICE DEPARTMENT THAT COMMISSIONERS TESTIFYING AT SARASOTA MOBILE HOME PARK TRIAL MAY NOT BE ABLE TO PARTICIPATE IN VISIT TO ST. PETERSBURG POLICE SUBSTATIONS, & ASSESS THE NEGATIVE IMPACT OF INSUFFICIENT PUBLIC SPECTRUM ON PUBLIC SAFETY COMMUNICATIONS SYSTEMS AND REPORT BACK TO THE NATIONAL LEAGUE OF CITIES, AND CONTACT LANCE DEHAVEN-SMITH FOR INFORMATION REGARDING LOCAL GOVERNMENT STUDY COMMISSION II; SUPPORTED SCHEDULING A OUESTION AND ANSWER FORUM REGARDING THE RINGLING CAUSEWAY BRIDGE WITH REPRESENTATIVE SHIRLEY BROWN, L ATTORNEY DAVID LEVIN, AND SECRETARY TWIDDY, SUPPORTED APPOINTING COMMISSIONER CARDAMONE AND CITY MANAGER SOLLENBERGER AS LIAISONS TO THE COMMUNITY EDUCATION AND INFORMATION PROGRAM REGARDING THE RINGLING CAUSEWAY BRIDGE, SUPPORTED $5,800 CONTRIBUTION TO THE COUNTY COMMISBION'S INFORMATION EDUCATIONAL PROGRAM REGARDING THE L.O.S.T. EXTENSION (AGENDA ITEM X) #3 (1089) through (2123) COMMISSIONER CARDAMONE: A. stated that the Florida Department of Transportation (FDOT) intends to remove the oak trees located on the right-of-way on Osprey Avenue near Bay Road; and asked if a report on the condition of the oak trees has been received from David Johnston, Landscape Architect, David Johnston and Associates? City Manager Sollenberger stated no. Commissioner Cardamone stated that a letter from David Twiddy, District One Secretary, FDOT, indicates that although FDOT will try to save the oak trees, removal may be necessary. City Manager Sollenberger stated that FDOT promised to do their best to save the trees. Commissioner Cardamone asked for an Administration recommendation? City Manager Sollenberger stated FDOT has estimated $100,000 in engineering costs to shift the roadway eastward four feet to save the trees; that Dennis Daughters, Director of Engineering/City Engineer, believes the road can be realigned in the field without major engineering specifications; that an injunction has been discussed; however, the potential for success is minimal. Commissioner Patterson asked if the City is financing the street reconstruction project? City Manager Sollenberger stated that a portion of the project is funded by City impact fees. Commissioner Cardamone asked for clarification of a temporary injunction? City Attorney Taylor stated that a temporary injunction cannot be filed separately from a lawsuit; that a temporary injunction would be issued to preserve existing conditions and prevent any changes occurring while the litigation is proceeding; that the Judge must make a finding that the City has a high likelihood of succeeding on the merits of the basic claim; that the City Attorney would require expert testimony or evidence to provide a good, sufficient basis for filing the lawsuit necessary to allow issuance of a temporary injunction. Commissioner Cardamone stated that a report regarding the condition of the trees was expected from David Johnston, Landscape Architect, David Johnston and Associates; that although most oak trees on main roadways in the City may be slightly diseased, the trees could survive another 25 or more years; that 20 years ago, two diseased oak trees on Bahia Vista Street were marked for removal; however, the trees were saved and continue to flourish; and asked if existing regulations under the Tree Protection Ordinance could be applied to save the oak trees? City Manager Sollenberger stated that public rights of way are exempt from the Tree Protection Ordinance; that no permit is required to trim or remove trees in the right-of-way. BOOK 42 Page 15198 09/03/97 6:00 P.M. BOOK 42 Page 15199 09/03/97 6:00 P.M. Duane Mountain, Streets, Landscape Maintenance and Solid Waste Manager, stated that is correct. Commissioner Cardamone stated that the City should not allow the oak trees to be removed without a battle; that the oak trees are located along the frontage of an condominium complex which will be stripped bare of protection from the busy. street; that a decision regarding the oak trees should be reached by the Commission. City Auditor and Clerk Robinson stated that the Commission has a special meeting scheduled tomorrow at 3:30 p.m. Commissioner Cardamone asked if Mr. Johnston could be requested to inspect the trees and report back to the Commission at tomorrow's special meeting? City Manager Sollenberger stated that a report from Mr. Johnston will be requested. Commissioner Cardamone asked if a Court case to prevent the removal of the oak trees could be developed if Mr. Johnston produces concrete evidence? Commissioner Patterson stated that litigation would be more expensive than funding the $100,000 cost for the FDOT's engineering expenses; and asked if a breakdown of the FDOT's engineering costs to realign the roadway could be requested? Commissioner Cardamone stated that Mr. Daughters has indicated disbelief that any additional engineering costs are required as the length of the roadway will not be increased. Commissioner Patterson asked for clarification of FDOT'S report estimating $100,000 in engineering costs to realign the roadway? City Manager Sollenberger stated that the engineering costs were broken out in a letter from FDOT; that a private contractor hired by the FDOT estimated the engineering costs at $100,000 to shift the road four feet; however, the estimate by the FDOT contractor is not believable based on the City's experience on similar projects; that Mr. Daughters has written a letter to FDOT expressing concern regarding the contractor's estimate. Commissioner Cardamone asked if the matter could be addressed at the special meeting tomorrow at 3:30 p.m. Mayor Pillot and Vice Mayor Dupree stated that they must leave no later than 6 p.m. tomorrow. City Auditor and Clerk Robinson stated that the special meeting has been called only to announce an out-of-the sunshine attorney/client session; that the Commission will leave the Commission Chambers, conduct the attorney/client session, return to the Chambers, and reconvene the special meeting at which Citizens' Input has been scheduled; that the special meeting will be adjourned and the Commission will leave the Chambers to conduct an out-oF-the-sunahine meeting regarding Police Benevolent Association (PBA) collective bargaining negotiations. B. distributed a donation form developed by the PennyWise Committee, Inc., requesting financial and administrative support to promote the ten-year extension of the Local Option Sales Tax (L.0.S.T.); that the Commission should distribute the form which requests contributions of time or money to the campaign promoting passage of the L.O.S.T. extension on the November 1997 referendum. COMMISSIONER MERRILL: A. displayed on the overhead projector graphic representations of facts obtained from an article in the Sarasota Herald-Tribune regarding average achievement test scores in City and County elementary schools; that City schools have the lowest test scores; that test scores at Pine View Elementary School in the County are at approximately 96 percentile; however, Booker Middle and Alta Vista Elementary Schools have the lowest test scores in the area; that many problem children were transferred from Tuttle Elementary School to Alta Vista Elementary School as a result of the School Board's redistricting plan. Commissioner Cardamone asked if the facts have been confirmed? Commissioner Merrill stated yes; that redistricting occurred after the Tuttle Elementary School building was rehabilitated; that in 1994, the average test scores at Tuttle Elementary School were slightly above 50 percent and those at Alta Vista Elementary School in the low sixties; that in 1995, the test scores at Tuttle Elementary school dropped to 50 percent and Alta Vista Elementary School rose to 70 percent. Commissioner Merrill continued that the average test scores at Alta Vista Elementary School fell to below 50 percent after the School Board's redistricting plan was implemented; however, the test scores at Tuttle Elementary School rose; that existing problems at Tuttle Elementary School were transferred to Alta Vista Elementary School rather than solved by improving the school from within; that the neighborhood surrounding the Alta Vista Elementary school will deteriorate if the test scores remain low; that the school's current performance is totally unacceptable. BOOK 42 Page 15200 09/03/97 6:00 P.M. BOOK 42 Page 15201 09/03/97 6:00 P.M. Commissioner Merrill further stated that the book Metropolitics indicates that elementary schools are the best way to measure the health of a neighborhood; that nearly 90 percent of the student body at Tuttle Elémentary School participates in the free lunch program; that Tuttle Elementary School is located in District 3 and is not generally considered the poorest area in the City; that the people moving into the area are young, struggling families; that Gocio Elementary School has 75 percent and Southside Elementary School has 37 percent of the student body on the free lunch program; that schools with fewer lower-income children are thought to generate higher test scores; however, 37 percent of the students are on the free lunch program at Southside Elementary School whose test scores are the second highest in the Countyi that something special is occurring at Southside Elementary School to offset the disadvantages endured by lower income people; that the change in test scores at Alta Vista Elementary School has been significant. Mayor Pillot stated that the number of children on the special lunch program at Southside is surprising; however, the high test scores are not. Commissioner Cardamone stated that a report from the School Board should be requested. Commissioner Merrill stated that educational issues should be addressed in the Financial Sustainability Study. COMMISSIONER PATTERSON: A. stated that the August 27, 1997, memorandum from the City Manager included in the agenda material states that field trips to St. Petersburg to visit police substations are planned on September 16 and 23, 1997; that Commissioners Cardamone, Merrill, and herself will be called as witnesses in the Sarasota Mobile Home Park trial during those two weeks; that she would like to visit the St. Petersburg police substations; however, a conflict with the court dates may occur. Commissioner Cardamone stated that a memorandum from the City Attorney's Office indicates she will be called first on September 15, 1997, and Commissioner Patterson will be called in late morning on September 15, 1997 Commissioner Patterson stated that the Police Department should be advised that although Commissioners may agree to participate in the field trip, the trial may interfere. B. stated that at a League of Cities conference in Orlando on August 22, 1997, she became involved with a task force assembled to assist the campaign by the National League of Cities to reserve the necessary amount of public spectrum for future public safety communications; that the amount of public spectrum given by the United States (U.S.) Congress to television stations will negatively impact public safety; that the head of the National League of Cities and their lobbying attorneys indicated public safety throughout the country will suffer from the failure of the U.S. Congress to reserve the necessary amount of public spectrum between Channels 60 and 69 to accommodate the new 800 Megahertz (MHz) conversions; that the City has been requested to assess how an insufficient amount of public spectrum would impact public safety in Sarasota and report back to the National League of Cities; that the City should lobby the local Federal legislators; that fire and police communications will suffer; that although the City has just expended $1.5 million on the 800 MHZ conversion system, the public spectrum necessary to operate the new system may not be available in the future. Mayor Pillot stated that the insufficient amount of public spectrum for public safety communications systems is a significant issue and should be addressed. C. stated that Lance deHaven-Smith, who heads the Florida Institute of Government's support of the Florida Legislature's Commission on Local Government II, spoke at the Florida League of Cities Conference on August 22, 1997; that the Commission on Local Government II will probably propose to the Florida Constitutional Revision Commission that each local government have the ability to assemble a blue ribbon commission to study duplication of services, who should provide what type of service such as police and fire, who should provide certain services within specific geographical boundaries, and the establishment of specific geographic areas which would receive city services and which would be annexable at will. Commissioner Patterson continued if the Commission on Local Government II makes the recommendation to the Constitutional Revision Commission, that the City should carefully study the proposal and decide whether to lobby for adoption; that 17 to 20 elections for consolidation of cities and counties have occurred in the last 30 years and all but one were defeated; that the vote to consolidate Jacksonville with the surrounding county, which occurred in the 1960s, was the only successful consolidation election in the State; that the Commission on Local Government II is not just composed of local government representatives but primarily of State Legislators as well as city and county representatives; that the Administration is requested to contact Mr. deHaven-smith for additional information; that the City may BOOK 42 Page 15202 09/03/97 6:00 P.M. BOOK 42 Page 15203 09/03/97 6:00 P.M. wish to request Mr. delaven-Smith's assistance with the City's Financial Sustainability Study and to fund his expenses. Commissioner Merrill agreed. VICE MAYOR DUPREE: A. stated that at the August 18, 1997, regular Commission meeting, he requested the Administration review existing conditions on City streets; that he and the City Manager drove around the City; that streets requiring improvements include East Avenue north of Fruitville Road, and Lime and Brink Avenues; that Staff members have reviewed the condition of and possible traffic calming measures for City streets; that Staff recommendations to improve the streets will be returned. 18. OTHER MATTERS /ADMINISTRATIVE OFFICERS (AGENDA ITEM XI) #3 (2124) through (2698) CITY MANAGER SOLLENBERGER: A. stated that he accepts full responsibility for including the names of prominent citizens in the list of recommended stakeholders under Agenda Item VII-1, Unfinished Business regarding the Financial Sustainability Study; that the Commission discussion will help improve his judgment in approving items on future agendas; that Task #3 in the Financial Sustainability Study regarding the analysis of socioeconomic factors impacting the City's future will be reviewed and a report returned. B. stated that his August 27, 1997, memorandum to the Commission references the Ringling Causeway Bridge Replacement; that he and Commissioner Cardamone have met with Richard Storm of the Bridge Too High Committee and David Levin, Attorney, Law Firm, Icard, Merrill, Cullis, Timm, Furen, and Ginsburg, P.A., representing the City's legal battle against the Florida Department of Transportation (FDOT) i that Mr. Storm is coordinating a Community Education and Information Program concerning the bridge issue; that the City should be represented in the Program through communications with Mr. Storm; that Commissioner Cardamone has expressed interest in representing the Commission; that he would represent the Administration; that the Commission is requested to approve Commissioner Cardamone and himself as liaisons to the Community Education and Information Program regarding the Ringling Causeway Bridge Replacement. C. stated that State Representative Shirley Brown has indicated interest in conducting a forum regarding the Ringling Causeway Bridge Replacement; that State Representative Brown would moderate the forum at which David Twiddy, District One Secretary, FDOT, would respond to a list of questions submitted in advance; that Attorney Levin, who would ask the questions, has indicated the forum would be helpful; that the FDOT will not respond to questions from the City outside the procedural legal process after litigation is filed; that the Commission could provide input to the questions formulated by Attorney Levin; that State Representative Brown has suggested the forum be scheduled in late September. Mayor Pillot stated there is a consensus of the Commission to support scheduling a question and answer forum regarding the Ringling Causeway Bridge Replacement with Representative Shirley Brown, Attorney David Levin, and FDOT Secretary Twiddy as the participants. Commissioner Cardamone asked if the forum could be televised? City Auditor and Clerk Robinson stated that Comcast will be requested to televise the forum. Mayor Pillot stated there is a consensus to support Commissioner Cardamone and City Manager Sollenberger as liaisons to the Community Education and Information Program coordinated by Richard Storm to address issues related to the Ringling Causeway Bridge Replacement. D. stated that he and Mayor Pillot attended the Council of Governments meeting last week; that Robert Anderson, Commissioner, Sarasota Board of County Commissioners, and James Ley, Sarasota County Administrator, advised a proposal for funding an information educational program regarding the proposed L.O.S.T. extension referendum will be brought to the September 2, 1997, County Commission meeting; that the representatives of the municipalities and the School board agreed to request approval for funding from their respective government bodies. Mayor Pillot stated that the funding from each municipality and the School Board will be based on one one-hundredth of one percent of the estimated proceeds from the one-cent sales tax; that the City will contribute approximately $5,800 or one one-hundredth of one percent of the City's estimated $58 million in L.0.S.T. funds expected over ten years. Commissioner Cardamone stated that the amount is acceptable. BOOK 42 Page 15204 09/03/97 6:00 P.M. BOOK 42 Page 15205 09/03/97 6:00 P.M. City Manager Sollenberger stated that the County Commission intends to develop a brochure to be distributed throughout the County as well as promotional signs; that the signs will be similar to those designed by the PennyWise Committee, Inc., and placed at facilities constructed from L.0.S.T. funds; that the County Administrator will coordinate the information educational program with the Administrators from each of the municipalities and the School Board; that a breakfast meeting has been scheduled on September 11, 1997. City Manager Sollenberger continued that an inexpensive brochure should be produced by the City similar to the one produced by the City of North Port; that voters may react negatively if public funds are used to produce a slick, glossy brochure; that Commissioners and Staff should speak to neighborhood groups regarding the proposed projects funded by the L.O.S.T. extension; that the Van Wezel Performing Arts Hall Advisory Board will assume an active role; that the Commission is requested to approve allocating approximately $5,800 to the County Commission's L.0.S.T. promotional campaign. Commissioner Merrill stated that contributing funds to the County Commission is not supported; that the City has disseminated information regarding the November 1997 referendum on the L.0.S.T. extension in water bills; that lobbying efforts by governments are opposed. Mayor Pillot stated there is a consensus of the Commission to contribute approximately $5,800 to the County Commission's information educational program regarding the November 1997 referendum on the L.0.S.T. extension. Commissioner Patterson stated that the funds should be used to provide a factual representation of proposed L.O.S.T. expenditures; that the funds should not be expended to develop a video promoting the L.O.S.T. extension. Mayor Pillot stated that the promotional literature will be factual rather than proselytizing in nature; that the money will be used to educate the public objectively rather than encouraging them to vote "yes." Commissioner Cardamone stated that the PennyWise Committee, Inc., has projected a goal to raise $85,000 to encourage voters to support the tax; that the funding of the Pennywise Committee, Inc., is private rather than government money; that the $5,800 in funds allocated by the City to the County will be used to develop factual information. Mayor Pillot stated that all the municipalities in the County agreed to present the proposal to their governing entities. 19. ADJOURN (AGENDA ITEM XII) #3 (2700) There being no further business, Mayor Pillot adjourned the regular meeting of September 3, 1997, at 10:15 p.m. - - - - S Biel GENE PILLOT, MAYOR AITESPRTA - : A e &: Rol C A BIELY-E. ROBINSON, CITY AUDITOR AND CLERK 3 TE BOOK 42 Page 15206 09/03/97 6:00 P.M. FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE PATTERSON, NORA Sarasota City Commission MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE ON 707 Freeling Drive WHICH I SERVE IS A UNIT OF: XX CITY COUNTY 11 OTHER L.OCAL AGENCY CITY COUNTY NAME OF POLITICAL SUBDIVISION: Sarasota, Sarasota City of Sarasota DATE ON W'HICH VOTE OCCURRED September 3, 1997 MY. POSITION IS: XXELECTIVE :I APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay ciose attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal fother than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. A copy of the form should be provided immediately to the other members of the agency. The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. CEH FORM KB I0-K6 IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: You should disclose orally the nature of your conflict in the measure before participating. Yous should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST 1, Nora Patterson hereby disclose that on September 3, 19. 97 (a) A measure came or will come before my agency which (check one) XX inured to my special private gain; or inured to the special gain of by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: Public Hearings, Item IV-2, Proposed Ordinance No. 97-4010, to amend and restate Ordinance No. 96-3923 pertaining to the rezoning of the subject site to the commercial residential transition (CRT) zone district; approving an amendment to the previously approved development plan 95-DPR-01 to incorporate open-air dining in connection with an existing restaurant on property currently zoned CRT as part of the Towles Court project as more specifically depicted in development plan petition 97-DPR-12; setting forth conditions for the operation of the open-air dining facility; said development plan pertaining to property being located between. Adams Lane, Links Avenue, Morrill Street. and South Washington Boulevard, as more particularly described herein; etc. (Title only)(Petition Nos. 97-DPR-12 and 97-C0-10, Petitioner Russell Moore, Design Studios West, as agent for Beverly Hills Associates). My husband is the attorney representing the petitioner. Septber 151997 loro biiren Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES $112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CF FORMRR 1A-X6 -