MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF APRIL 15, 2002, AT 6:00 P.M. PRESENT: Mayor Carolyn J. Mason, Vice Mayor Lou Ann R. Palmer, Commissioners, Mary J. Quillin and Mary Anne Servian, City Manager Michael A. McNees, Deputy City Auditor and Clerk Karen D. McGowan, and City Attorney Richard J. Taylor ABSENT: Commissioner Richard F. Martin and City Auditor and Clerk Billy E. Robinson PRESIDING: Mayor Mason The meeting was called to order in accordance with Article III, Section 9 (a) of the City of Sarasota Charter at 5:59 p.m. Deputy City Auditor and Clerk McGowan gave the Invocation followed by the Pledge of Allegiance. 1. PRESENTATION RE : EMPLOYEE OF THE MONTH FOR MARCH 2002, MILES R. LARSEN, / GOVERNMENT ACCESS PROGRAM COORDINATOR CD 6:00 through 6:05 Mayor Mason requested that Deputy City Auditor and Clerk McGowan and Miles Larsen, Government Access Program Coordinator, Office of the City Auditor and Clerk and Employee of the Month for March 2002, join her at the Commission table to make the presentation. Deputy City Auditor and Clerk McGowan stated that on behalf of City Auditor and Clerk Robinson, who unfortunately could not be at the meeting, and the entire Staff, congratulations are extended to Mr. Larsen for his selection as Employee of the Month for March 2002; that Mr. Larsen holds the position of the City's Government Access Program Coordinator and is a courteous, knowledgeable, creative, and reliable employee; that Mr. Larsen works with members of the City Auditor and Clerk's Office and other Staff members to conceptualize, videotape, edit, and produce many programs aired on the Public Access Channel; that his work on the high quality "City Life" showcases his many abilities and contributed significantly to the recognition the City received in being honored by the receipt of two prestigious awards: BOOK 51 Page 23048 04/15/02 6:00 P.M. BOOK 51 PAGE 23049 04/15/02 6:00 P.M. The 2001 Crystal Award by the Florida Government Communicators Association for first place for the best video series Honorable Mention for the National 2001 Communicator Award for the best regular program Deputy City Auditor and Clerk McGowan continued that Mr. Larsen also videotapes Commission meetings and enthusiastically accepts many after-hours assignments videotaping special events such as the Employee of the Month also to air on Channel 19, AccessSarasota AccessSarasota) and requested that William Hallisey, Director of Public Works, who nominated Mr. Larsen as Employee of the Month, join her at the Commission table. William Hallisey, Director of Public Works, came before the Commission and stated that the work on Accesssarasota indicates the reason Mr. Larsen deserves the award; that Mr. Larsen does high quality work, enjoys his job, and is an exemplary employee. Mayor Mason stated that Mr. Larsen is a special employee; presented Mr. Larsen with a City-logo watch, a plaque, a certificate as the March 2002 Employee of the Month in appreciation of his unique performance with the City of Sarasota, and a congratulatory letter from City Auditor and Clerk Billy Robinson; and congratulated him for his outstanding efforts. Mr. Larsen stated that the nomination by Mr. Hallisey is appreciated; that being selected as Employee of the Month is an honor; that City Auditor and Clerk Billy Robinson and Shawn Fulker, Assistant City Auditor and Clerk, Multi-Media Operations, are thanked for the support offered; that one of his favorite job duties is to prepare a videotape of the Employee of the Month; that the dedication and quality of the Employees of the Month are impressive; that being a member of the Employee of the Month group is a source of pride. 2. CHANGES TO THE ORDERS OF THE DAY - APPROVED CD 6:06 through 6:07 Deputy City Auditor and Clerk McGowan presented the following Changes to the Orders of the Day: A. Add under Consent Agenda No. 1, Item No. III-A-22, Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Agreement between the City of Sarasota, Red Sox of Florida, Inc., and Stonebridge Entertainment, Inc. to provide for the concert promotion services relative to the Beach Boys Concert per the request of Sports Facilities Manager Calhoon. B. Remove under Consent Agenda No. 1, Item No. III-A-18, Approval Re: Status report regarding the Sarasota Mobile Home Park and remaining tenants, per the request of General Services Director Carolan. On motion of Vice Mayor Palmer and second of Commissioner Servian, it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (4 to 0): Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. 3. APPROVAL RE: : MINUTES OF THE SPECIAL SARASOTA CITY COMMISSION MEETINGS OF FEBRUARY 11 AND MARCH 11, 2002, AND THE REGULAR SARASOTA CITY COMMISSION MEETING OF APRIL 1, 2002 = APPROVED (AGENDA ITEMS I-1, -2, AND -3) CD 6:07 through 6:08 Mayor Mason asked if the Commission had any changes to the minutes? Mayor Mason stated that hearing no changes, the minutes of the February 11 and March 11, 2002, Special Commission meetings and the April 1, 2002, Regular Commission meeting are approved by unanimous consent. 4. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17, AND 22 = APPROVED (AGENDA ITEM III-A) CD 6:08 through 6:10 Commissioner Quillin requested that Item Nos. 9, 19, 20, and 21 be removed for discussion. Mayor Mason requested that Deputy City Auditor and Clerk McGowan explain the process for considering items removed from the consent Agenda. Deputy City Auditor and Clerk McGowan stated that Consent Agenda No. 1, Item No. 9, will be considered under New Business as Agenda Item VIII-3; that Consent Agenda No. 1, Item Nos. 19, 20, and 21, will be considered under Unfinished Business as Agenda Items VII-6, -7, and -8. 1. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Funding Agreement between Manatee BOOK 51 Page 23050 04/15/02 6:00 P.M. BOOK 51 PAGE 23051 04/15/02 6:00 P.M. County and the City of Sarasota for Manatee County's annual contribution to the Sarasota Bay National Estuary Program 2. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Funding Agreement between Sarasota County and the City of Sarasota for Sarasota County's annual contribution to the Sarasota Bay National Estuary Program 3. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Agreement between the Southwest Florida Management District and the City of Sarasota for the Sarasota Bay National Estuary Program to fund three (3) technical projects under the FY 2002 Annual Workplan (W601) 4. Approval Re: Palm Avenue Public Art Program 5. Approval Re: Sarasota Transportation Management Organization's (TMO) Quarterly Status Report 6. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Agreement between the City of Sarasota and Baskerville-Donovan, Inc., (RFP #01-31M) in the amount of $597,292.55 for both phases for the 17th Street Extension Project 7. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Agreement between the City of Sarasota and Howard D. Marlowe in the maximum amount of $100,800 for Professional Lobbyist Services for Lido Beach Projects 8. Approval Re: Award of contract and authorize the Mayor and City Auditor and Clerk to execute a contract between the City of Sarasota and Center Line Construction Corp., (Bid #02-31M) in the amount of $93,699 for the sanitary sewer replacement on Golf Street 10. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Municipal Services and Pre- Annexation Agreement between the City of Sarasota and Michael H. Howell and Judy L. Howell for sewer service for a developed site located at 1393 and 1395 40th Street 11. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Donation Agreement between the City of Sarasota and the Estate of Harry J. Allen for a children's play area (Allen Play Area) to be constructed next to the children's fountain at Bayfront Park 12. Approval Re: Amendment to the Community Development Block Grant in the amount of $85,000 to fund ADA renovations to the Newtown Community Center 13. Approval Re: Award of contract and authorize the Mayor and City Auditor and Clerk to execute a contract between the City of Sarasota and Jon F. Swift, Inc., in the amount of $118,405 for the renovation of the Newtown Community Center restrooms 14. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Department of Juvenile Justice Civil Citation Grant and Agreement between the City of Sarasota and The Substance Abuse Prevention Coalition of Sarasota County, Inc., in the amount of $49,247 to develop a restorative system in neighborhoods highest in juvenile delinquency 15. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Agreement for Engineering Services between the City of Sarasota and askerville-Donovan, Inc., (R.F.P. #02-02M) in the amount of $57,698 for the Gillespie Avenue Improvement Project 16. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Joint Project Agreement between Sarasota County and the City of Sarasota regarding the Lockwood Ridge Road Drainage Enclosure for additional work to the Bahia Vista/Lockwood Ridge Floodplain Reclamation Project in the amount of $353,766 17. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the First Amendment to Lease Agreement between the City of Sarasota and Donald Wallace to allow the historic Leonard Reid House to continue use as a day care facility under the new management of Lesa Snipes- Williams 22. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Agreement between the City of Sarasota, Red Sox of Florida, Inc., and Stonebridge Entertainment, Inc. to provide for the concert promotion services relative to the Beach Boys Concert On motion of Commissioner Servian and second of Vice Mayor Palmer, it was moved to approve Consent Agenda No. 1, Item Nos. 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17, and 22. Motion carried unanimously (4 to 0): Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. BOOK 51 Page 23052 04/15/02 6:00 P.M. BOOK 51 PAGE 23053 04/15/02 6:00 P.M. 5. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 02R-1491) ADOPTED ; ITEM 2 (RESOLUTION NO. 02R-1496) = ADOPTED ; ITEM 3 (ORDINANCE NO. 02-4361) ADOPTED ; ITEM 4 (ORDINANCE NO. 02-4373) = ADOPTED; ; (AGENDA ITEM III-B) CD 6:10 through 6:14 1. Adoption Re: Proposed Resolution No. 02R-1491, appropriating $28,000 from the Unapproriated Fund Balance of the Tourist Development Tax Fund to provide funds, for the period, March 1 through September 30, 2002, to finance the Howard Marlowe contract on the April 15, 2002, Commission Agenda, etc. 2. Adoption Re: Proposed Resolution No. 02R-1496, amending the City's Formal Rules of Procedure for City Commission meetings, adopted by Resolution No. 96R-936 and amended by Resolution Nos. 97R-959, 97R-1010, 99R-1191 and 02R- 1471, by renaming "Public Petitions" to "Scheduled Presentations" on the Agenda order of business, as indicated in Exhibit A; etc. (Title Only) 3. Adoption Re: Proposed Ordinance No. 02-4361, providing for the designation of the structures located at 634 Gillespie Avenue, historically known as the Lewinson House, as structures of historic significance pursuant to the historic preservation ordinance of the City of Sarasota; more particularly described herein; etc. (Title Only) 4. Adoption Re: Proposed Ordinance No. 02-4373, amending Ordinance No. 98-4038 by the substitution of Site Plan 02-SP-10 for the previously approved site plan submitted with application 97-PSD-27 pertaining to the construction of an assisted living facility located at 1301 North Tamiami Trail, a/k/a The Sarasota Bay Club; said property being zoned Residential Multiple Family-5 (RMF-5) located on t 10 acres, as more particularly described herein; approving the substituted Site Plan Application 02-SP-10 depicting an increase in the number of parking spaces in the Phase II of the project from 65 to 81; providing for conditions; repealing ordinances in conflict; etc. (Title Only) Deputy City Auditor and Clerk McGowan read proposed Resolution No. 02R-1491 in its entirety and proposed Resolution No. 02R-1496 and Ordinance Nos. 01-4361 and 02-4373 by title only. On motion of Commissioner Quillin and second of Vice Mayor Palmer, it was moved to adopt Consent Agenda No. 2, Item Nos. 1 through 4, inclusive. Mayor Mason requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. Motion carried unanimously (5 to 0): Mason, yes; Palmer, yes; Quillin, yes; Servian, yes. Mayor Mason requested that Deputy City Auditor and Clerk McGowan explain the public hearing sign-up process. Deputy City Auditor and Clerk McGowan stated that all persons wishing to speak at the public hearings are requested to complete a Request to Speak form; that speakers at the non quasi-judicial public hearings will have five minutes to speak; that speakers will be timed and will be advised when one minute remains; and repeated for the benefit of those present in the Chambers the Pledge of Public Conduct as adopted by the Commission as follows: We may disagree, but we will be respectful to one another. We will direct all comments to issues. We will avoid personal attacks. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by Deputy City Auditor and Clerk McGowan. 6. NON QUASI-JUDICIAL PUBLIC HEARING RE : PROPOSED ORDINANCE NO. 02-4370, AMENDING CHAPTER 34, TRAILERS, TENTS, ETC. ARTICLE II. TRAILERS, SECTIONS 34-17 AND 34-18 TO PROHIBIT THE USE OF MOTOR VEHICLES FOR HUMAN HABITATION, ; CREATING CHAPTER 34, ARTICLE IV. TO PROHIBIT CAMPING; SETTING FORTH FINDINGS AS TO INTENT AND PURPOSE; PROVIDING DEFINITIONS; ; PROHIBITING CAMPING GENERALLY; SETTING FORTH EXCEPTIONS; AMENDING CHAPTER 10, BEACHES AND WATERWAYS, ARTICLE I. GENERAL, SECTION 10-10 OVERNIGHT CAMPING PROHIBITED EXCEPT IN DESIGNATED AREAS TO CONFORM TO CHAPTER 34, ARTICLE IV, SECTION 34-40; ETC. (TITLE ONLY) = PASSED ON FIRST READING (AGENDA ITEM IV-A-1) AND NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 02-4371, AMENDING CHAPTER 23 OF THE SARASOTA CITY CODE PERTAINING TO PEDDLERS AND SOLICITORS ; TO PROHIBIT PANHANDLING IN CERTAIN PLACES AT ALL TIMES AND GENERALLY FROM SUNSET TO SUNRISE AND AT ALL TIMES AT CERTAIN PLACES i TO PROHIBIT AGGRESSIVE PANHANDLING; ETC. (TITLE ONLY) - PASSED ON FIRST READING (AGENDA ITEM IV-A-2) BOOK 51 Page 23054 04/15/02 6:00 P.M. BOOK 51 PAGE 23055 04/15/02 6:00 P.M. AND NON QUASI-JUDICIAL PUBLIC HEARING RE: : PROPOSED ORDINANCE NO. 02-4372, AMENDING CHAPTER 30, STREETS, SIDEWALKS AND OTHER PUBLIC PLACES, TO CREATE SECTION 30-12 PROHIBITING URINATION AND DEFECATION IN ANY PUBLIC PLACE / OR AT ANY PLACE WHERE SUCH CONDUCT MAY REASONABLY BE EXPECTED TO BE VIEWED BY OTHERS, IN OTHER THAN A TOILET ; ETC. (TITLE ONLY) - PASSED ON FIRST READING (AGENDA ITEM IV-A-3) CD 6:14 through 10:06 City Attorney Taylor stated that the proposed ordinances interrelate; that individuals signed up to speak may wish to speak to all the ordinances scheduled for public hearing; that all three proposed ordinances may be addressed at one public hearing; however, separate votes will be required. Mayor Mason stated that hearing no objections, the proposed ordinances will be considered at one public hearing and voted on separately. Gordon Jolly, Chief of Police, Sarasota Police Department (SPD), and Mark Singer, Attorney, City Attorney's Office came before the Commission. Chief Jolly stated that proposed Ordinance No. 02-4370 amends Chapter 34, Article II, Trailers, to clarify Sections 34-17 and -18, Sarasota City Code (1986 as amended), by prohibiting camping within the City limits; that proposed Ordinance No. 02-4371 creates Article III, Chapter 23, Sarasota City Code (1986 as amended) (City Code), which prohibits panhandling within the City limits; that proposed Ordinance No. 02-4372 creates Section 30-12, Public Urination or Defecation, Chapter 30, Streets and Sidewalks, Sarasota City Code (1986 as amended) (City Code), to prohibit urination and defecation within public areas of the City. Chief Jolly continued that objection has been expressed to the proposed ordinances as legislating against a class of people; that the proposed ordinances legislate certain behaviors rather than a class of people. Attorney Singer stated that in the last 20 years cities have attempted to update old or pass new regulations pertaining to begging; that some cities have attempted to narrowly tailor ordinances to target the most bothersome types of street solicitations and to provide police officers with another tool in an effort to make public areas, particularly Downtown areas, safe and inviting; that proposed Ordinance No. 02-4370 bans panhandling on streets and beaches as well as in public places and parks, in the following circumstances: 1. Any nighttime panhandling is prohibited. 2. At all times, day or night, panhandling in specified places is prohibited. 3. At all times aggressive panhandling is prohibited. Attorney Singer continued that proposed Ordinance No. 02-4370 allows a great deal of solicitation including passive panhandling which does not include a vocal appeal and also allows street performances, legitimate sales transactions, and requests for donations other than in person such as by telephone; that under proposed Ordinance No. 02-4370, an individual could lawfully hold up a sign which indicates "give me money" or sing "I am cold and starving" as long as an individual does not voice words to the effect of "give me money." Attorney Singer further stated that the US Supreme Court has not directly resolved the constitutional limitations on panhandling laws as to individual panhandlers but has for organized charities, not-for-profit groups, and political groupsi that the US Supreme Court has determined solicitations by organized charities are entitled to the protection of the First Amendment to the US Constitution (First Amendment); that the Eleventh Circuit Court of Appeals (Eleventh Circuit) in upholding a regulation in Fort Lauderdale, Florida, prohibited begging at the beach; that the Eleventh Circuit has determined the distinction between panhandling for one's self and a charity is not significant for purposes of the First Amendment; that First Amendment protection is afforded as beggars at times may communicate important political or social messages while appealing for money; that panhandlers may explain the condition related to homelessness, unemployment, or disability; that the messages relayed by panhandlers may not be separated from the need for money. Attorney Singer stated further that the courts may construe begging as a form of commercial speech which can be subject to greater regulation or as a form of free speech which receives greater protection than commercial speech; that the courts have applied intermediate First Amendment scrutiny to panhandling regulations which means proposed Ordinance No. 02-4370 must be content neutral, narrowly tailored to serve a significant BOOK 51 Page 23056 04/15/02 6:00 P.M. BOOK 51 PAGE 2305'7 04/15/02 6:00 P.M. government interest, and leave available ample alternative channels of communications. Attorney Singer stated that asking for money is different than asking for a signature; that the content of the speech must therefore be determined; nevertheless, the proposed ordinance is content neutral as all forms of solicitation for donations or money are prohibited; that the reason for the speech need not be determined; that any request for money or a donation is considered panhandling and is prohibited; that court decisions do not require literal or absolute content neutrality but rather require only the regulation be justified by legitimate concerns unrelated to any disagreement with the message conveyed by the speech; that a restriction is content neutral even if containing an incidental effect on some speakers or containing some messages but not others; that the request for a donation is neutral as all forms of requests for donations or money are included in the prohibitions. Attorney Singer continued that no dispute existed in the principle cases concerning panhandling regulations, the regulations were content neutral and the government had a legitimate interest in regulating the conduct; that the focus was upon the question of if the ordinance was narrowly enough tailored to pass Constitutional muster. Attorney Singer further stated that proposed Ordinance No. 02-4370 is narrowly tailored and regulates time, manner, and place; that the goal of proposed Ordinance No. 02-4370 is a legitimate interest in promoting the safety and convenience of the City's citizens on the public streets; that a regulation is considered narrowly tailored if the regulation promotes a substantial government interest which would be achieved less effectively absent the regulation; that the regulation need not be a perfect fit for the government's interest but cannot burden substantially more speech than necessary; that a time, manner, and place restriction need not be the least restrictive means of achieving the government's purpose sO long as considered narrowly tailored for the purpose. Attorney Singer stated further that vocal requests for money create a threatening environment or at least a nuisance for some citizens; that the restriction in proposed Ordinance No. 02-4370 restricts panhandling in circumstances considered especially unwanted or bothersome, i.e., at night, around banks, bus stops, etc.; that proposed Ordinance No. 02-4370 regulates situations in which individuals may feel a heightened sense of fear or alarm; that the prohibition against panhandling applies at the times and places citizens naturally feel the most insecure; that the City has a legitimate interest in protecting the citizens; that proposed Ordinance No. 02-4370 effectively narrows the application of the law necessary to promote the government's legitimate interest in protecting the citizens. Attorney Singer stated that alternative channels of communication are left open; that adequate alternatives may not be the speaker's first and best choice; that panhandlers may panhandle vocally or in any manner deemed fit during the day unless exhibiting aggressive behavior in any public place; that solicitation except for vocal requests for money, may occur at other times; that a person could hold up signs or engage in street performances such as playing music with an implicit appeal for support. Attorney Singer continued that proposed Ordinance No. 02-4370 is not vague; that an ordinance must provide adequate notice concerning the behavior prohibited to persons of common understanding, specific intent, and provide citizens, police officers and courts alike with sufficient guidelines to prevent arbitrary enforcement; that proposed Ordinance No. 02-4370 defines the term panhandling" and distinguishes between mere panhandling and aggressive panhandling; that the list of the behavior which constitutes aggressive panhandling in proposed Ordinance No. 02-4370 is not vague; that a reasonable person standard is used to define communication causing a person to feel fearful or feel compelled; that proposed Ordinance No. 02-4370 does not pose a danger of arbitrary enforcement. Attorney Singer stated that a camping ordinance was upheld in Joel V. City of Orlando in November 2000; that proposed Ordinance No. 02-4371 is modeled after the Orlando, Florida, ordinance but is more restrictive as the Orlando ordinance does not prohibit merely sleeping out of doors; that proposed Ordinance No. 02-4371 is straightforward; that camping is considered as the following: 1. Sleeping or in a temporary shelter out-of-doors, 2. Sleeping out of doors inside a sleeping bag, 3. Sleeping atop or covered by materials such as a bedroll, cardboard or newspapers, or 4. Cooking over an open flame out-of doors. BOOK 51 Page 23058 04/15/02 6:00 P.M. BOOK 51 PAGE 23059 04/15/02 6:00 P.M. Attorney Singer continued that camping is prohibited in the City any time after sunset and before sunrise or without the permission of the property owner. Attorney Singer further stated that the Eleventh Circuit held the ordinance did not infringe upon a fundamental right or target a protected class and thus the constitutionality is judged under a rational basis test in the Orlando case; that the ordinance must be rationally related to the achievement of a legitimate government purpose. Attorney Singer stated further that the Orlando case seeks to promote public health, sanitation, aesthetics, and safety to prevent the camping out of doors at night on public and private property; that the Eleventh Circuit has held the prohibition against the use of vehicles as dwellings furthers the legitimate purpose of sanitation and safety. Attorney Singer stated that some may argue the regulation will have a disproportionate impact on the homeless; that the Eleventh Circuit has ruled a disproportionate impact is permissible if no discriminatory purpose exists; that no discriminatory purpose exists in proposed Ordinance No. 02-4371; that alternative places to sleep exist in the City; that proposed Ordinance No. 02-4371 will apply equally to the homeless and individuals who are not homeless; that potential violators may have homes elsewhere and choose to reside in vehicles or camp on the beach rather than rent a room at a hotel or motel; that lodging can be obtained at no charge from local social service agencies for the impoverished. Attorney Singer stated that proposed Ordinance No. 02-4371 does not completely outlaw sleeping; that an individual can sleep on a park bench at night without violating the ordinance; that the violation occurs if the person utilizes the shelter of a sleeping bag or some other material; that proposed Ordinance No. 02-4371 only prohibits camping after sunset and prior to sunrise. Attorney Singer stated that proposed Ordinance No. 02-4372 prohibits public urination and defecation; that cases for indecent exposure have been previously brought against individuals urinating in public; however, the local courts have dismissed cases or found persons not guilty of indecent exposure due to insufficient evidence of indecency of the exposure; that many cities around the Country and the State have ordinances which prohibit public urination and defecation; that proposed Ordinance No. 02-4372 is not directed at a specific group of people; that some of the issues addressed in relation to camping arise with a defecation problem; that the City believes legitimate purpose exists in limiting the activity of public urination and defecation. Commissioner Servian stated that the indication is the Orlando ordinance against camping does not cover the scope of the problem; and asked for clarification regarding proposed Ordinance No. 02-4370? Chief Jolly stated that completely prohibiting out-of-doors sleeping was discussed but not recommended; that a specific description of the unwanted behavior was utilized in proposed Ordinance No. 02-4370; that health and sanitation issues are the reason for the prohibition; that the camping on private or public property without the permission of the property owner is a problem; that the Public Works Department recently cleaned an area of public property at a cost of $3,500 in one instance. Commissioner Servian asked if proposed Ordinance No. 02-4370 pertains to vessels? Chief Jolly stated no. Commissioner Servian asked if proposed Ordinance No. 02-4370 could be expanded to include vessels? Attorney Singer stated that Staff's recommendation is an ordinance to prohibit camping on vessels should be separate; that Staff can prepare separate recommendations for Commission approval. Commissioner Quillin asked for clarification regarding a campground in the City? Chief Jolly stated that the closest campground in Sarasota is east of US 301 on University Parkway just outside the City limits. Commissioner Quillin stated that incidents of panhandling are occurring at City bus stops; that incidents mentioned have occurred during daylight hours; that an incident recently occurred to her on private property during daylight hours; that the regulation of panhandling from sunset to sunrise is a conçern due to the activity of panhandlers at bus stops during the daylight hours; and asked if complaints regarding solicitation have occurred in daytime hours? Chief Jolly stated that proposed Ordinance No. 02-4371 prohibits panhandling from sunset to sunrise and also prohibits aggressive panhandling and panhandling at specific locations as follows: BOOK 51 Page 23060 04/15/02 6:00 P.M. BOOK 51 PAGE 23061 04/15/02 6:00 P.M. 1. A bus stop 2. In any public transportation vehicle or public transportation facility 3. At a vehicle which is parked or stopped on a public right- of-way except upon permit by the City Manager. 4. In a sidewalk café 5. On private property, unless the panhandler has permission from the owner or occupant. 6. In a parking lot or garage owned or operated by the city, including entryways or exits and pay stations connected therewith 7. In a public park, beach, fairground, or sporting facility including entryways or exits thereto 8. Within 20 feet in any direction from an automatic teller machine or an entrance to a bank Commissioner Quillin asked the alternative locations available for sleeping purposes? Chief Jolly stated that the Salvation Army is available and has a new facility under construction; that some homeless service providers will provide vouchers for hotels for the homeless. Commissioner Quillin asked if the homeless services can be accessed by SPD Police Officers at night? Chief Jolly stated that the access to homeless services at night are unknown. Commissioner Quillin asked if an arrangement through the SPD is available? Chief Jolly stated that SPD Police Officers have been able to bring the homeless to the Salvation Army. Vice Mayor Palmer asked if all individuals identified by the SPD as camping would be placed in a public facility? Chief Jolly stated no; that many individuals identified as camping do not want to use the homeless services available; that several homeless camps have been identified and individuals have been asked if a shelter can be provided; that many individuals express a desire not to use the homeless services; that the individuals are making a choice to camp instead of using the homeless services available; that providing additional services to the homeless is continually under discussion; that the Sarasota County Coalition for the Homeless, the Homeless Continuing Care Leadership Council, and the SPD are meeting to identify homeless services in the north Sarasota County area; that the public safety needs of the citizens and the visitors of the City as well as the needs of the indigent and homeless are being addressed. Vice Mayor Palmer asked if cooking outside could be prohibited? Attorney Singer stated that camping regulations apply only without the permission of the property owner. Vice Mayor Palmer asked if the concerns of the individuals signed up to speak could be addressed by Staff after the presentation? Mayor Mason agreed and asked if tents could be erected on private property for camping purposes? Attorney Singer stated that a tent could be erected on private property with the permission of the property owner. Deputy City Auditor and Clerk McGowan stated that 30 persons have signed up to speak. City Attorney Taylor stated that the Commission's Rules of Procedure allow a speaker to address the Commission for five minutes on each ordinance; that many persons have signed up to speak for all three ordinances which would allow fifteen minutes per speaker; that the recommendation is to allow speakers five minutes to speak with additional time on an as-needed basis if the speaker requires additional time. Commissioner Quillin stated that some individuals signed up to speak may require the 15 minutes. Mayor Mason stated that hearing the Commission's consensus, speaker will be allowed five minutes to speak but may request additional time if required. Mayor Mason opened the public hearing. The following people came before the Commission: Paul Mercier, 935 Indian Beach Drive (34234), representing the Public Safety Coordination Council, stated that the Public Safety Coordination Council includes the State Attorney, all BOOK 51 Page 23062 04/15/02 6:00 P.M. BOOK 51 PAGE 23063 04/15/02 6:00 P.M. municipal police chiefs, the County Sheriff, the Chief County Judge, the Chief Correctional Officer, the Clerk of Courts, the State Probation Circuit Administrator, and the Director of Substance Abuse Treatments and representative of other provider organizations; that the vote on proposed ordinances should be postponed; that a meeting of the Public Safety Coordination Council is scheduled for April 17, 2002; that the Public Safety Coordination Council will evaluate the impact of the proposed ordinances on the judicial system and report to the Commission; that the additional paperwork required may be of concern; that 600 misdemeanor cases occur in the County per month; that methods of reducing the number of misdemeanor cases are being studied; that a Drug Court was previously established; that a Mental Health Court was established on March 1, 2002; that postponement of the vote on the proposed ordinances is requested. Christopher Cosden, Post Office Box 2419 (34230), stated that as an attorney and public defender, the proposed ordinances represent a concern; that proposed Ordinance No. 02-4370 is unclear as to the impact on any vehicle or only a vehicle used for human habitation; that the two-hour time limit for sitting in a vehicle will have broader implications than intended; that an elderly individual waiting for a spouse at a physician's office may be in a vehicle for more than two hours; that the intent of proposed Ordinance No. 02-4370 would not be to target elderly individuals. Attorney Cosden continued that proposed Ordinance No. 02-4371 is vague; that a Jacksonville, Florida, ordinance concerning panhandling was found unconstitutional due to vagueness; that standards governing the exercise of discretion granted by the ordinance are not provided; that Staff indicated property is destroyed by campers; that destruction of property is already punishable by State law; that the description of the act of camping is also vague; that the phrase "covered by material" included in proposed Ordinance No. 02-4370 is vague; that a person who falls asleep on a park bench with a folder on his chest is technically covered with material; that concern has been expressed by the Commission regarding camping on private property; that consent of the property owner is required for camping to occur; that a child's sleepover in the backyard without a parent's permission would technically be unlawful according to proposed Ordinance No. 02-4370. Attorney Cosden further stated that the restriction against panhandling at bus stops in proposed Ordinance No. 02-4371 is vague; that the potential exists for arbitrary and discriminatory enforcement; that the restriction of panhandling by two or more persons would impact the constitutional right of free association; that the touching of a solicited person is prohibited; that unpermitted touching is already a criminal act in the State; that an ordinance similar to proposed Ordinance No. 02-4371 was addressed by the Second District Court of Appeals, which held panhandling is entitled to some constitutional protection; that enacting the proposed ordinances would open the City to protracted and expensive litigation; that litigation is pleasing to attorneys; however, City funds should not be utilized in unnecessary litigation. Tom Trend, Vice Chair, Sarasota County Coalition for the Homeless, 1601 Robbins Road, Nokomis (34275), stated that a meeting of the Downtown Association of Sarasota concerning the issue of homelessness in the Downtown area was recently attended; that a representative of the City Attorney's Office explained sufficient shelter beds would be required to pass a camping ordinance; that the Sarasota Consortium 2000-2005 Consolidated Plan approved by both the City and County Commissions indicates an unmet need of shelter beds in the community; that none of the $.5 million of Community Development Block Grant (CDBG) funds meant for the community's poorest citizens has been allocated for the homelessi that homeless families are forced to live daily in cars due to financial hardships and the inability to find affordable housing or available shelter space; that an attempt to criminalize the behavior of the homeless is an embarrassment to the City's awareness of the most needy citizens; that the proposed ordinances were not discussed with the Sarasota Coalition for the Homeless, the Continuing to Care Leadership Council, or the Public Safety Coordination Council; that the proposed ordinances should not be supported. Dan Dunn, President, Sarasota County Coalition for the Homeless, 644 Tanager Road, Venice (34293), stated that the legal aspects of the proposed ordinances have been discussed; that many restrictions in the ordinances are already in place; that the appearance is the homeless population is being targeted with the proposed ordinances even though Staff assures otherwise; that an open-air shelter for individuals not served by the Salvation Army has been proposed; that 100 to 150 homeless individuals do not seek assistance; that 1,200 to 1,400 homeless individuals are in the community daily; that the homeless individuals are transient; that the City does not know the manner in which to handle the homeless; that great communities know the manner to BOOK 51 Page 23064 04/15/02 6:00 P.M. BOOK 51 PAGE 23065 04/15/02 6:00 P.M. handle the homeless and solve problems; that the Orlando, Florida, ordinance was mentioned several times; that Orlando has an open-air shelter; that the police have a place for the homeless other than jail; that the ordinances should be tabled until the problem of the homeless can be further addressed and an open-air shelter constructed; that the proposed ordinances will assist in the arrest of individuals and the filling of the jails; that the community is growing and changing; that the community should address the issues of homelessness and try not to move the homeless to other communities; that moving the homeless out of the City limits is not the way to address the issue of the homeless; that individuals born in the world to compete, win, and earn a daily living have an obligation to individuals who struggle with mental illness; that the homeless struggle with mental illness; that homeless people were once the hopes and dreams of parents. Jeremy Duncan, Post Office Box 398 (34230), stated that the City became home due to the availability of opportunity; that the state of Ohio was his birthplace; that his dream is to attend the Ringling School of Art even as a high school dropout; that a Graduate Equivalency Diploma or additional education has not been obtained; however, goals have been set; that camping is done regularly; that the Salvation Army does allow individuals in after 9 p.m.; that he works at night; that occasionally the weather is cold and camping requires covering with material; that the homeless will in a vehicle if stable enough to own one; that sleeping in a vehicle would be safer than camping and should therefore be allowed; that the possibility of being robbed by other homeless individuals during sleep while camping is a worryi that homelessness is not easy; that stabilizing an individual requires time; that being jailed for camping will not be helpful; that panhandling is a common occurrence; that avoiding jail for misdemeanor crimes is a goal. Daniel Clarke, 800 Hudson Harbor (34236), stated that fine individuals are drawn to the City; that many business persons have invested in the City; that dealing with situations created by the homeless is unfair; that three types of homeless individuals are found in the City: freeloaders, individuals who espouse homelessness as a lifestyle, and the mentally ill; that the three types of individuals should be considered separately; that law enforcement is highly respected; that the resistance of the mentally i1l to assistance by law enforcement may lead to problems; that both sides of the homeless issue should be addressed; that a vote concerning the proposed ordinances should be postponed to allow additional study. Major Bert Tanner, 1701 Tuttle Avenue (34231), representing the Salvation Army, Sarasota Corps, stated that speaking to the issue of homelessness creates a dilemma; that the issues of homelessness require addressing by concerned citizens; that Staff is making a bold attempt at dealing with the issues of the homeless; that the proposed ordinances have some mistakes; that the proposed ordinances infringe on the basic rights of some individuals within the community; that Staff indicated the proposed ordinances do not target a specific groupi however, any reasonable person would understand the group affected by the ordinances will be the homeless; that the concern is for the civil liberties guaranteed to all individuals; that the consequences for the removal of civil liberties are significant; that a delay in the decision regarding the proposed ordinances is requested; that the City has enforcement power but must also extend a hand in comfort; that provisions must be made sO people can follow the restrictions in the proposed ordinances; that appropriate public restrooms should be provided throughout the City to accommodate the homeless; that shelters must be provided; that the capacity of the Salvation Army at the present time is 112 beds; that the Salvation Army is at 138 percent capacity nightlyi that individuals sleep on the floor each night; that 200 individuals sleep on the floor on a rainy or cold night; that individuals with anti-social behavior are turned away due to the obligation to protect other individuals in the Salvation Army shelter; that individuals who are a danger to themselves or others are not allowed; that additional shelter beds are required in the community; that a new facility on Tenth Street will provide approximately 300 beds; that the new facility will not solve the homeless problem in the community; however, the new facility will help. Major Tanner continued that noontime meals are now being provided at the Salvation Army; that the noontime meals may assist with the issue of panhandling; that all who need shelter cannot be accommodated; that individuals may be homeless due to addictions and choose to exercise the addiction in the extreme, which prohibits the company of others; that the homelessness due to addiction is a life choice but must be handled compassionately; that the City should not exclude citizens who do not have the mental capacity or have physical and mental illness; that the needs of the Downtown merchants are respected and must also be met. Commissioner Quillin stated that the Salvation Army has 120 beds and is at 138 percent capacity nightly; that service will be BOOK 51 Page 23066 04/15/02 6:00 P.M. BOOK 51 PAGE 23067 04/15/02 6:00 P.M. lacking even with 300 beds; and asked if the Salvation Army or the Sarasota County Coalition for the Homeless has conducted a study of the realistic needs of beds for the homeless? Major Tanner stated that many individuals are sleeping in vehicles and backyards of relatives; that the individuals are not currently viewed as homeless; that the proposed ordinances may put the individuals on the street; that the number of individuals unsheltered on the streets is approximately 200 to 250 at maximum peak; that the problem is with individuals who will not go to a sheltered environment. Commissioner Quillin asked the manner in which the needs of the unpredictable individuals are met? Major Tanner stated that separate shelter for individuals who exhibit unpredictable behavior is not available unless the individual is in a crisis situation; that links with other agencies are present and are improving; that a study regarding the condition and the number of homeless in the community is currently being conducted by the Sarasota County Coalition for the Homeless. Commissioner Quillin asked the date the study will be published? Major Tanner stated that the study will be available in June 2002. Tom Wood, 1401 Second Street (34236), stated that two parcels of property in the City are owned; that considerable compassion for his fellow man is felt; that many homeless individuals sleep on his property in the bushes and flowerbeds; that bottles, cigarette butts, and trash are left on the property; that customers are accosted by panhandlers; that fortunately, no safety issues have occurred but continue as a concern; that the homeless frequently urinate in an alcove on the Central Avenue portion of the building; that a pay toilet facility was considered for the alcove; that defecation has occurred one foot from the front door of the property; that adoption of the proposed ordinances is requested. Glenn Patrick, 1508 Dolphin Street, Number Eight (34236), stated that any of the homeless could be relatives; that he is still the hopes and dreams of his family and is worthy of consideration; that his father is a police captain and his grandmother is deputy mayor of her town; that the Commission appears to have many questions regarding the proposed ordinances; that the City should work with the Salvation Army prior to the adoption of the proposed ordinances; that proposed Ordinance No. 02-4371 which pertains to panhandling is a concern; that dialogue concerning panhandling should occur; that many individuals do not want to carry signs indicating homelessness; that personal assistance is provided to the homeless; that the vote on the proposed ordinances should be delayed. Marcia Wood, 1401 Second Street (34236), stated that the Board of Directors of the Downtown Association of Sarasota have been actively involved with the Sarasota County Homeless Coalition; that the Downtown Association is not opposed to services for the homeless; that the City must show confidence in the Sarasota Police Department and the City Attorney's Office; that the proposed ordinances have been researched and deserve the respect and attention of the Commission; that endless court battles will not ensue due to the research by Staff; that the content of the proposed ordinances does not indicate a homeless issue; that the City is endangered; that economic development and marketing have been personal pursuits; that the viability of a neighborhood is governed by the appearance; that the economic development of the City will be severely impacted if steps are not taken to change negative behavior; that homelessness has been an issue in the City for some time and is a growing problem; that delaying the adoption of the proposed ordinances will not help the problem; that the community is growing; that homelessness is growing also; that the proposed ordinances do not concern homelessness; that homelessness will continue; that community agencies will continue to assist the homeless; that funding and countless hours have been spent adopting a master plan to take the City into the future with defined goals for the growth of the City; that visitors and potential developers do not wish to see individuals urinating in the streets; that the master plan and image of the City are lost if allure, safety, and security are not provided; that Commission must have the courage to adopt the proposed ordinances. Cathryn Girard, 1501 Main Street (34236), representing the Cobblestone Gallery and Tea Room, was no longer present in the Chambers. Troy Vinson, no address, stated that he is homeless but does not consider himself a danger to anyone or anything; that homelessness is not pleasing; that proposed Ordinance No. 02-4372 is supported; that he camps in a number of places; that messes made by others have been cleaned; that camping is not a BOOK 51 Page 23068 04/15/02 6:00 P.M. BOOK 51 PAGE 23069 04/15/02 6:00 P.M. problem; that Bayfront Park is open 24 hours per day, 7 days per week; that Bayfront Park has been utilized for sleeping; however, he was harassed by police officers; that he sleeps on top of a blanket due to problems with ants; that being devoured by ants is not pleasant; that most states do not allow sleeping on the sidewalk; that the sidewalk will be utilized if sleeping on the grass on a blanket is not allowed; that viewing proposed ordinances through the eyes of the homeless is requested. Sherman Newell, 507 Kumquat Court (34236), stated that the City would like to empower the SPD to police the areas most likely to be campsites of the homeless which is an invasion of privacy; that proposed Ordinance No. 02-4370 provides for taxation without representation as well as false arrest and imprisonment and restriction of freedom of speech and movement without proper authorization; that the complaints by Gillespie Park residents of singing, praising, and celebrating fellowship are unfounded; that the Gifts from God Ministry is comprised of Christian people attending to the needs of individuals less fortunate than others who have new houses or fancy cars; that Jesus did not require permission to preach, heal, or feed the multitudes; that the City does not have the right to overpower the will of God; that everyone's ancestors slept outside to stay alive; that the distance panhandlers should be restricted from Automated Teller Machines (ATMs) should be increased from 20 feet to 100 to 500 feet; that a Personal Identification Number (PIN) should be protected; that panhandling near an ATM should be categorized as attempted strong-arm robbery. Mr. Newell continued that public restrooms are not available at City parks such as Gillespie Park; that along Market Street in San Francisco, California, the city has placed at intervals pay restrooms which provide needed services and revenue for the cityi that the homeless utilize tokens to pay for the restroom and the tourists utilize quarters; that the Salvation Army and Sarasota Coalition for the Homeless cannot do enough; that affordable housing does not exist in the City; that the homeless are human beings and deserve humane treatment; that the Commission and the homeless are both human and both should be heard. William Nobles, 1424 Fourth Street (34236), stated that portions of the proposed ordinances are disagreeable; that the camping provision restricts sleeping in a recreational vehicle; that the Commission cannot prohibit sleeping in a personally bought and paid for vehicle; that proposed Ordinance No. 02-4372 is pleasing; that unfortunately, individuals do urinate and defecate in public; that access to public restrooms is not always available; that the distance a panhandler must stay away from an ATM should be increased from 20 feet. Jeremy Owens, no address, stated that funding is being wasted on landscaping at City Hall; that $1,000 was spent on one Royal Palm tree; that the City has hundreds of Royal Palm trees; that trees which produce fruit should be planted and shrubbery removed; that $1,000 could feed a homeless person for six months; that the decision regarding the proposed ordinances should be delayed; that Jesus was a homeless man. Tina Riggle, 1743 Eighth Street (34236), stated that homelessness is a personal decision; that the SPD should be commended for the work with the homeless; that the proposed ordinances are good for the neighborhoods as well as Downtown; that individuals have been observed unzipping pants to urinate or defecate on the side of her office building on a Sunday afternoon; that the SPD has performed sting operations in the Gillespie Park area, the first netting five arrests for public urination violations and one open container violation; that the second sting operation netted four open container violations and one public urination violation; that one individual arrested for an open container violation was on probation for Driving-Under- the-Influence (DUI) manslaughter in California; that defecation is found on the side of her office building; that the neighborhoods order portable toilets if a function is held; that the Gifts from God Ministry should provide portable toilets for the Sunday ministry. Lloyd Carlinsky, Post Office Box 48626 (34230-5626), stated that the use of portable toilets is not supported; that homelessness is not a personal decision for some of the homeless population; that a portion of the homeless population is rude; disgusting, and obnoxious; that tourists who visit the City can also be rude and obnoxious; that the type of person and background dictate the manners of an individual; that personal homelessness is due to illegal eviction proceedings; that job problems caused an inability to pay rent; that retrieving all personal belongings took one year; that communication with his family is severed; that an uncle is worth $5 billion and owns property at Five Points and the Lemon Avenue parking lot; that the uncle wished to help the homeless and was told a need was for 300 beds for the homeless; that the uncle wished to build 350 to 400 beds for the homeless; that the City lied to his uncle regarding the amount of services required by the homeless; that discrimination by perspective employers is perceived; that none of the typical homeless stereotypes personally fit; that crimes or panhandling BOOK 51 Page 23070 04/15/02 6:00 P.M. BOOK 51 PAGE 23071 04/15/02 6:00 P.M. are not personally committed; however, sleeping on the street is the only option available. Paul Thorpe, 1818 Main Street (34236), representing the Downtown Association of Sarasota, stated that congratulations are extended to Mayor Mason and Vice Mayor Palmer for their selection as Mayor and Vice Mayor; that solutions to the problems addressed in the proposed ordinances have been proposed for years; that the SPD and the Downtown Association of Sarasota have worked together on the issue of homelessness for yearsi that problems addressed by the proposed ordinances, negatively affect the entire community, business owners, and the economic development of the City; and distributed a petition signed by 140 members of the Downtown community. Mr. Thorpe quoted to a letter dated April 15, 2002, from Josette Muscatell, owner of the Gourmet Market, regarding the proposed ordinances, as follows: To whom it may concern: I am a business owner downtown and although I am unable to make the meeting, I feel the three named ordinances are of the utmost importance to the growth of Downtown Sarasota. There are many mornings when we encounter feces on our steps, urine stains in many areas, and the panhandling is out of control. Our cardboard boxes, if left only for a day, are used as sleeping quarters. Our garbage cans are searched daily for food and many enter our store just to get out of the rain or heat; that the Gourmet Market has been here for six years and loves being Downtown. However, we are recently considering the fact of moving out of the area due to the prior mentioned problems. Sarasota needs to be cleaned up and this is the first step to begin the cleanup. Mr. Thorpe stated that the City's economic development which is critical to assisting services such as the Salvation Army is being impacted by the problems addressed in the proposed ordinances; that the business owners in the Downtown area request the Commission's assistance. Peg Cavanaugh, 1818 Main Street (34236), representing the Downtown Association of Sarasota, stated that the fact the proposed ordinances have become an issue of the homeless is sad; that the community is willing to help individuals who are downtrodden and require assistance; that individuals who have spoken at the current meeting may require more assistance than is currently being obtained; that the City has a reputation for helpfulness; and quoted a homeless person from California as follows: I moved to the area because the services are good in Sarasota, Florida. Ms. Cavanaugh stated that an individual from Toledo, Ohio, indicated similar sentiments in January 2002; that additional services are obviously required based on the pleas of the homeless speakers; however, a decision not to adopt the proposed ordinances will not provide additional services for the homeless; that the proposed ordinances can be adopted, then the community can get busy providing additional services for the homeless; that public records indicate two individuals were outside of the Resurrection House having a beer while Clothes were being washed inside; that many individuals would like to enjoy a beer while clothes are being washed; that allowing the proposed ordinances to become an issue of the homeless is wrong; that the proposed ordinances will provide necessary direction to the SPD to keep the community as lovely as is deserved; that delaying the adoption of proposed Ordinance Nos. 02-4370, 02- 4371, and 02-4372 does not make sense; that the Commission is urged to adopt the proposed ordinances. Sandy Baar, 1533 Shadow Ridge Circle (34240), Executive Director, Sarasota County Coalition for the Homeless, stated that many thoughts relating to the proposed ordinances have been expressed at the current meeting; that good, open communication is required; that the City, the community, and various organizations are missing good communication; that the Sarasota County Coalition for the Homeless is a group of experts who can assist in solving the problems addressed in the proposed ordinances; that solutions can be found if the entire community, organizations, and the City work together; that the issue should not be a homeless, Downtown, or police issue but rather a community issue. Mary Magill, 1176 Tahiti Parkway (34236), stated that the City is beautiful; that the community wishes to keep the City beautiful; that the individuals who need assistance should be recognized; that the community should come together to discuss the issues of the homeless; that the issues addressed in the proposed ordinances concern the homeless; that the concept proposed by a speaker regarding pay public restrooms appears reasonable; that the City has wealth; that the community must work with the available wealth to assist the homeless; that the BOOK 51 Page 23072 04/15/02 6:00 P.M. BOOK 51 PAGE 23073 04/15/02 6:00 P.M. community is grateful to the wealthy individuals who provide assistance in the community. April Charney, 501 Kumquat Court (34236), Attorney, representing the Sarasota County Coalition for the Homeless, stated that her father indicated New York City provided comfort stations for individuals who were homeless during the Depression; that New York City provided for life-sustaining activities; that proposed Ordinance Nos. 02-4370, 02-4371, and 02-4372 criminalize homeless activities by repressing life-sustaining activities; that the City is repeating errors to regulate life-sustaining activities made recently and in the past by other cities; that the Public Safety Coordination Council and the Continuum of Care Leadership Council were not apprised nor were included in the process of developing proposed Ordinance Nos. 02-4370, 02-4371, and 02-4372; that the failure to include the service providers and other members of the community who have a strong interest in homeless issues in the development of the proposed ordinances was intentional; that a systemic failure of addressing individuals who have no source for services to have access to the necessities of life has occurred in the community; that a suggestion made by a speaker was the homeless are choosing a lifestyle; that the homeless for personal reasons lack the ability to make the voluntary choices others make; that the systemic failure is the result of lack of process. Attorney Charney continued that the systemic failure in the process should be addressed to assure facilities are provided for the homeless prior to adopting the proposed ordinances which seek to criminalize behavior engaged in by all individuals; that the atmosphere of division and hostility created among the population which seeks regulation, the service providers seeking to help the individuals requiring intensive services, and the business community is a shame; that the community can work together to create better processes and education in addressing the issues of the homeless; that the community's systemic failure causes the local business community to bear the risk of loss which is a shameful manner in which to treat the business community; that solutions can be found through discussion if the City retreats from the reactionary proposals of the proposed ordinances, evaluates the systemic failures, and addresses the aisproportionate risk of loss impacting one group of the population. Attorney Charney further stated that the City has a problem with affordable low-cost housing; that proposed Ordinance No. 02-4371 regarding panhandling cannot possibly be content neutral as speech must occur prior to deciding legality; that a decision from Orange County is a fact-based decision which references the opportunity and access to public shelter, not public shelter provided by an independent, non-profit, religious-based organization such as the Salvation Armyi that the case from the Eleventh Circuit is also fact-based; that the City is attempting to prohibit disseminating and conveying social or political messages; that the act of panhandling is a means of conveying social and political messages; that delaying a vote concerning proposed Ordinance Nos. 02-4370, 02-4371, and 02-4372 is requested; that the organizations and services providers should meet and discuss solutions to the issues addressed by the proposed ordinances. Barbara Brittingham, 1424 Fourth Street (34234), stated that most of the homeless population have a reason for being homeless; that the homeless do not choose the lifestyle; that the City would not have built condominiums without the assistance of the homeless; that rich grandchildren will not build the condominiums; that the homeless wish to remain untouched; that jail is not the answer. Joe Hembree, 1335 Second Street (34236), stated that the issues addressed by the proposed ordinances concern attitudes; that many committees have been served on; that property is owned Downtown; that the plight of the homeless is sad; that the community is doing the homeless an injustice by allowing the homeless to engage in the activities prohibited in the proposed ordinances; that sleeping behind an office with cardboard covering is not humane; that removing feces from an office doorway is also not humane; that the Salvation Army's efforts are a benefit to the community; that the proposed ordinances are the first step in addressing the issues of the homeless; that real solutions must be found; that the City must act appropriately; that a facility must be built in north Sarasota; that the proposed ordinances are a beginning to assist the homeless; that the City has good intentions; that funding will not be available for services to the homeless if the Downtown is destroyed. William Walch, 2121 Main Street (34237), representing the Association of Downtown Commercial Property Owners, that the issues surrounding the proposed ordinances are understood with compassion; however, compassion is difficult as some individuals visiting private property show no respect; that attempts have been made to work individually with the homeless; that compassion has led to additional problems and results in BOOK 51 Page 23074 04/15/02 6:00 P.M. BOOK 51 PAGE 23075 04/15/02 6:00 P.M. feelings of helplessness; that tenants are upset; that others do not wish to visit his Downtown property; that cleaning excrement from private property is tiring; that the homeless require assistance; that the proposed ordinances are the first step in addressing the issues of the business owners and the homeless; that the homeless come to the City and continue to come to the City as the City is soft on the issues addressed in the proposed ordinances. Alice DeLair, 1937 Eighth Street (34236), stated that proposed Ordinance Nos. 02-4370, 02-4371, and 02-4372 are fully supported; that the Commission's leadership and the hard work of the City Manager, the Police Chief and Staff is commended; that the citizens of the City are notably gracious in outreaching to the needy in the community; that the Sarasota County Coalition for the Homeless which advocates the homeless and on behalf of homeless issues throughout the County consists of approximately 120 agencies and is part of the Florida District 8 Homeless Coalition currently involving Charlotte, Collier, DeSoto, Glades, Hendry, Lee, and Sarasota Counties; that no irreverence to the highly respected dedication of all social organizations nor the people which are served is intended; however, the community is faced daily with the unfortunate realities of indecent behavior which can no longer be ignored or tolerated; that the proposed ordinances constitute common public propriety, serve the common good for a healthy community, and represent common sense; that many in the community struggle to survive but assist others in the community; that requesting and in some cases demanding private citizens and business owners to embrace the behavior of individuals who are destructive to the community and themselves is not supported; that a concern is the proposed ordinances will not be enforced Citywide and only in the Downtown area; that the difficulty of the Commission's decision is understood due to the stiff opposition from the various organizations as well as the obvious social-awareness crusade of the local Sarasota Herald-Tribune which has lost balance and sacrificed some integrity in the processi that the Sarasota Herald-Tribune constantly paints a picture of "victims and villains" and does not fairly report the facts which is disappointing; that certain minimal standards of public decency and public health must be enacted and enforced for the community as a whole; that the adoption of the proposed ordinances is supported. Linda Holland, 617 Gillespie Avenue (34236), distributed signatures in support of proposed Ordinance Nos. 02-4370, 02-4371, and 02-4372 and stated that residents of the Gillespie Park neighborhood sleep in appropriate places, provide for self and families without harassing others for money, and go to the bathroom in a toilet; that the Gillespie Park neighborhood has decent, caring, individuals who have done much to assist the less fortunate; that many people on the verge of homelessness have been personally assisted; that six personal rental units were leased to the Salvation Army for the transitional housing program, which is helpful to the community and is currently supported; that additional programs similar to the transitional housing program are required; that the community has attempted to address the issue of homelessness for many years; that an aggressive panhandler accosted her in the past; that persons covered with blankets who sleep in Gillespie Park all night long are often observed; that public urination in Gillespie Park and the neighborhood streets is a constant problem; that the issue of homelessness is a Citywide issue; that solutions to the issues of homelessness are long overdue; that the proposed ordinances provide some hope to resolve the issues of homelessness. Charles Kuykendall, 1130 Hampton Road (34236), representing the Downtown Association of Sarasota, stated that the proposed ordinances address acting in a civil manner; that almost every morning in the past winter individuals would be observed sleeping at both the back and front doors of an office building Downtown; that the individuals were awakened and asked to leave; that individuals use the building for a restroom; that the SPD has been contacted; however, the problem continues without resolution; that an individual was viewed relieving himself on a vacant lot on US 41; that the antisocial behaviors must be stopped; that laws must be enacted which protect the community from antisocial behaviors; that the proposed ordinances are not inhumane but will rather provide a tool to control the behavior; that the Commission is requested to support the proposed ordinances. Roger Hettema, 2121 Main Street, Suite A (34237), stated that office buildings have been owned in the City for 16 years; that compassion is felt for the homeless; that recently, a Sunday School class served at the Salvation Army which was a moving experience and will be repeated as a regular project; that over the years, the position taken was individuals who came into his buildings and slept in the hallways would not be harassed; however, invariably, tenants would indicate fear or the occurrence of a harassing situation; that in 16 years, the number of individuals who took refuge in his building and who showed respect for his property could be counted on one hand; BOOK 51 Page 23076 04/15/02 6:00 P.M. BOOK 51 PAGE 23077 04/15/02 6:00 P.M. that the pride of the homeless is understood; that pride is also felt for personal property and is taken in the care and cleanliness of the property; that the feeling of arriving at work to find a pile of feces on the step in the morning is indescribable; that the behavior has continued for 16 years; that police officers have been very helpful; that the trespass program was instituted; that the SPD is frustrated due to the lack of tools to enforce decent behavior; that the SPD will exercise compassionate judgment in enforcing the proposed ordinances; that some homeless are bright and hardworking if provided the opportunity; that some homeless have had hard breaks; that the proposed ordinances address a group of people who have no respect for property and the rights of others; that the homeless have spit while being requested in a nice manner to vacate the personal property; that additional facilities are required in the community; that an initial step is required to regulate behavior; that the proposed ordinances are the initial step; that the SPD must be provided with the ability to handle situations; that committees should be formed to address the issues of homelessness; that understanding for the property owners is also required; that Commission support of the proposed ordinances is requested. Ron Soto, 1383 Main Street (34236), stated that a personal business on Main Street has existed since 1949; that on a typical day, garbage from a waste can is found on the ground; that feces are found in the doorway; that panhandling is a constant source of irritation; that the City has embraced the Ritz-Carlton Hotel; that the clientele from the Ritz-Carlton Hotel will not tolerate the irritating behavior of panhandlers; that the problems of panhandling, camping, and public urination and defecation require immediate attention; that the problems are growing; that individuals urinate on the garbage cans in the middle of the day; that the indecent behavior should not be tolerated. R.K. Mattern, 2400 Wood Street (34237), stated that the legality of SPD's suggesting legislation is raised as a question; that the SPD rousted the homeless from campgrounds the evening before a homeless census was conducted; that the singularly outraged voice of the supporters of the draconian set of ordinances for adoption at the current meeting indicated concern regarding fecal and urine stained streets; that the installation of public facilities would benefit the community; that the Downtown Association of Sarasota has lobbied against the creation of public facilities as homeless individuals may be encouraged to remain on the public streets of the City; that any suggestion the proposed ordinances do not concern a homeless issue is surprising; that any legitimate argument cannot remain due to the number of individuals at the current meeting who consider the proposed ordinances as a homeless issue; that a concept is regarded as an issue by the majority in a democratic society is therefore an issue; that the motivation of removing the public benches from Main Street is not understood; that collusion between the Downtown Association of Sarasota, the Commission, and the SPD is suspected; that public property is owned by the public; that camping in the area parks will continue if personally desired. Jeff Oldenburg, 6240 Uplands Boulevard (34243), stated that at the beginning of 1979, he and his friend walked through the snow and elements from Wisconsin with less than $100 but a specific destination for the lovely City of Sarasota; that less than $50 was left upon arrival at Lido Beach; that sleeping was done discretely at South Lido Beach; that bathing was done at the Lido Beach pavilion; that employment was obtained the next day; that within a few weeks an automobile and a home were obtained without assistance; that in excess of 10,000 sandwiches have been personally provided to homeless facilities since 1997; that empathy for the homeless is not lacking; however, the City provides an astonishing amount of amenities to the homeless; that the Resurrection House provides breakfast and a mid-afternoon snack five days a week and bag lunches on weekends; that the Salvation Army provides seven lunches and evening meals; that St. Vincent DéPaul provides five lunches; that the Gifts from God Ministries provides a Sunday buffet; that the total is 25 meals and five snacks per week, which is an astonishing amount of amenities; that free clothing, laundry, medical, dental, counseling, legal fees, bus passes, and bicycles are provided; that the amount of amenities allows individuals to continue with destructive lifestyles; that a challenge is issued to compile a list of cities the size of Sarasota which offer the same amenities offered by the City of Sarasota; that the amenities draw the homeless; that the City delights in the recent recognition by the print media; that a second map not known to the City is the milk-the-systen mapi that the service agencies in the City attract individuals from all over the United States; that the City feeds individuals all dayi that the same individuals are let loose into the quiet, residential neighborhoods at night; that stepping in human feces while mowing grass is not pleasant; that the homeless should be allowed to exist; however, the taxpayers have a right to a quality of life which is currently being decimated; that a dialogue concerning amenities a city of 50,000 residents is BOOK 51 Page 23078 04/15/02 6:00 P.M. BOOK 51 PAGE 23079 04/15/02 6:00 P.M. required to supply is requested; that Commission support of the proposed ordinances is requested. Ernest Ritz, 1490 First Street (34236), stated that property is owned Downtown; that the amount of panhandling, urination, defecation being performed in the Downtown area is astonishing; that business owners are spending millions of dollars in an attempt to make a better Downtown; that taxes are being paid by the property owners; that the individuals who have spoken at the current meeting do not pay any taxes; however, the individuals feel urination and defecation in a public place is acceptable; that an ordinance regarding public urination and defecation should not be required; that common sense should dictate public urination and defecation are not acceptable behavior; that the homeless do not have common sense; that Commission support of the proposed ordinances is requested. Darryl Illeper, no address, was no longer present in the Chambers. Charles Senf, 2346 Pelican Drive (34237), stated that a home is owned in the City; that the issues of homelessness raised at the current meeting are known; that the wealth of the City is obvious; that the City wishes to condemn and arrest individuals as an initial step to addressing the issues of the homeless instead of providing assistance; that a law exists which prohibits indecent exposurei that an individual cannot urinate or defecate in public without exposing genitalia; that the behavior the City is attempting to restrict is already covered under statutes for indecent exposure; that individuals have not been seen defecating in public; that spending the evening or night at the beach was enjoyed years ago in Boca Raton, Florida; that eventually many restrictions were posted on the beach; that the community enjoys placing restrictions on behavior; that an individual's place of origin is immaterial; that most City residents come from different areas of the countryi that native Sarasotans are the exception rather than the rule; that a more humane approach to the issues of homelessness is encouraged. There was no one else signed up to speak and Mayor Mason closed the public hearing. The Commission recessed at 9:01 p.m. and reconvened at 9:16 p.m. Commissioner Servian asked the burden on the judicial system if the proposed ordinances are adopted. Chief Jolly stated that the burden on the judicial system will be minimal; that police officers will have a number of options in enforcing the provisions in the proposed ordinances; that the last option in any misdemeanor crime is arrest; that a warning will suffice if the police officer's opinion is the warning will stop the prohibited activity; that a police officer can issue a summons to appear rather than make a physical arrest; that a physical arrest can be made if deemed necessary by the police officer; that an expressed concern was the proposed ordinances were not brought before the Public Safety Coordinating Council; that proposed ordinances are not normally brought before the Public Safety Coordinating Council; that the City has an independent right and obligation to adopt ordinances to protect citizens and visitors independent of the County's desires to process individuals through the jail and the justice system. Commissioner Servian asked if screening and social service counseling will be offered to individuals arrested under the proposed ordinances? Chief Jolly stated that two new courts have recently been established; that a Drug Court which is an alternative to divert individuals out of the regular criminal justice system was established several years ago; that a Mental Health Court was recently established; that an initial case was heard last week; that the Mental Health Court is to divert individuals out of the criminal justice system and into a supervised program; that many individuals'arrested are dually diagnosed. Commissioner Servian stated that the unintended consequences of being in a vehicle for more than two hours was an expressed concern; and asked for clarification regarding the unintended consequences. Attorney Singer stated that the section regarding being in a vehicle for more than two hours was not addressed in proposed Ordinance No. 02-4370; that the regulation pertaining to two hours in a vehicle has been a law since at least 1971 and was not addressed in proposed Ordinance No. 02-4370. Commissioner Quillin stated that most Downtown businesses belong to the trespass program; that most provisions addressed in the proposed ordinances would fall under the trespass program. Chief Jolly stated that a person asleep on a public sidewalk but leaning against a private business doorway may not be covered under the trespass program; that the provisions in the proposed BOOK 51 Page 23080 04/15/02 6:00 P.M. BOOK 51 PAGE 23081 04/15/02 6:00 P.M. ordinances addresses very specific behaviors; that the greatest problem with public urination is not from individuals wandering Downtown but from activities such as teen night at the In Extremis nightclub; that the approximately 1200 individuals leaving the In Extremis nightclub at a late hour, cause problems in the El Vernona neighborhood resulting in complaints from the neighborhood; that the concern is not with a class of people but rather with behaviors. Commissioner Quillin stated that many activities not allowed by the trespass program are occurring; and asked the reason the trespass program is not working? Chief Jolly stated that the trespass program is working; that an incident occurred regarding a person camped out and cooking over an open flame in the Downtown area; that the responding police officer was informed the individual had permission from the property owner; that the police officer confirmed the permission. Commissioner Quillin stated that the property owner was violating the trespass program. Chief Jolly stated that the trespass program addresses being on property after the business hours without the permission of the property owner; that the trespass program does not address the panhandling issues which generally occurs on public property or an individual sleeping on a public sidewalk and leaning against a private business. Commissioner Quillin stated that public urination and defecation should fall under the provision for public indecent exposure; and asked the number of arrests made for public indecent exposure? Chief Jolly stated that the number of arrests for public indecent exposure is unknown; that many cases of public indecent exposure are lost in the courts; that public indecent exposure is not applicable if an individual who is urinating or defecating has a back to the responding police officer; that public indecent exposure requires the genitals be observed. Commissioner Quillin stated that the trespass program does not appear to address some issues included in the proposed ordinances. Chief Jolly stated that is correct; that the trespass program is effective but does not cover all situations. Commissioner Quillin asked the manner in which the Drug and Mental Health Courts work? Chief Jolly stated that the Drug and Mental Health Courts require an individual to report back on a regular basis; that an individual involved in Drug Court is required to submit to the care of a contracted service provider, drug screening, and report back to the judge on progress; that individuals involved in Mental Health Court are placed under the care and authority of a service provider, supervised, and on medications; that the service provider may place an individual in a residential facility until stabilization occurs and would be required to report the individual's progress back to the judge on a regular basis. Commissioner Quillin asked if individuals involved in Drug Court are offered a treatment program? Chief Jolly stated that an answer is not known. Commissioner Palmer asked if responses to the citizens' comments could be addressed by Staff? Chief Jolly stated that the proposed ordinances will be enforced Citywide; that the handling of the offense will be at the judgment of the police officer; that the proposed ordinances do not address a certain class of people; but are rather regulating behavior; that the proposed ordinances concern public safety issues. Chief Jolly continued that a request was made to delay the adoption of the proposed ordinances until some unmet services for the homeless are addressed; that the SPD has worked closely with service providers and Downtown residents to address homelessness; that funding has been leveraged to fill the gaps for some of the unmet need; that reality dictates unmet needs will always be a problem; that the proposed ordinances will never be adopted if the City waits until provisions are made for all unmet needs; that Staff will work collaboratively with service providers and the community to help solve the needs of the homeless in the community; that the issue of homelessness is as important as meeting the public safety needs of the citizens. BOOK 51 Page 23082 04/15/02 6:00 P.M. BOOK 51 PAGE 23083 04/15/02 6:00 P.M. Commissioner Quillin asked the means by which homelessness has been addressed in the City. Chief Jolly stated that the social services facilities and mental health facilities are located on City property; that the property which will be utilized by Gifts from God Ministry is City property; that the City invests a large amount of taxpayer funds to assisting service providers; that an assertion the City is not assisting the homeless is a ridiculous, uninformed statement. City Manager McNees stated that the proposed ordinances should be passed on first reading and input from the Public Safety Coordination Council provided prior to second reading of the mentioned ordinances. Chief Jolly stated that law enforcement officers have only four options in handling the impoverished mentally ill and substance abusers which are: 1. Arrest individuals who break the law, 2. Take into custody under the Baker Act individuals who are a danger to themselves or others, 3. Take into protective custody individuals who are too inebriated to care for themselves, or 4. Leave the individuals alone. Chief Jolly stated that the missing option is the capability to take into protective custody an individual who is not mentally ill to the extent of endangering themselves or others but too ill to care for themselves and place them in the custody of service providers; that the City should work with the legislative delegation to provide the missing option. Attorney Singer stated that the proposed ordinances will not cure all the problems of the homeless but are law enforcement tools; that the provision of social services is an issue; that communities providing good social services gain nationwide reputation resulting in more individuals coming to take advantage of the services; that individuals require a place to stay at night if fed during the afternoon and evening; that the lack of places for people who do not have homes to sleep is an expressed concern at the current meeting; that a suggestion was the failure to include the service providers in the preparation of the proposed ordinances was intentional which is far from true; that ordinances often originate out of the SPD, the City Manager's Office, the City's Advisory Boards, and the Commission; that the current review of the proposed ordinances arose from a Commission meeting considering Gifts from God Ministry and Gillespie Park; that the Commission's direction was for the City Attorney's Office and Chief of Police to provide ordinances for adoption at the current meeting. Attorney Singer continued that court challenges may arise from enforcement of the proposed ordinances; that court challenges occurred to the noise regulation and neighborhood speed restrictions; that grappling with the problems in the neighborhoods invites court challenges; that the potential for litigation is always a consideration; that the Commission often appoints special committees as public input is required; that committees can provide recommendations to the City; that a committee would not have been helpful in the creation of the proposed regulations; that a community dialogue cannot take place regarding panhandling; that either the City accepts panhandling or does not; that the proposed ordinances are separate from each other. Attorney Singer further stated that proposed Ordinance No. 02-4372 is an independent ordinance and should be adopted separately; that a legitimate government purpose exists in the prohibiting of public urination and defecation; that no legal requirement to have a certain number of public restroom facilities prior to the adoption of an ordinance prohibiting public - urination or defecation exists; that the community wishes enough restrooms were at various locations to accommodate various needs; that governments as well as the community are required to live within certain practicalities; that the expense of providing restroom services is significant; that the restrooms must not only be constructed but must also meet Zoning Code (1998 ed.) requirements, cleaned regularly, and be accessible to all individuals; that most of the community will agree urination and defecation in public is a sanitary hazard providing a legitimate basis to adopt proposed Ordinance No. 02-4372. Attorney Singer stated further that two parts exist to proposed Ordinance No. 02-4371 regarding panhandling; that the passive panhandler issue could be discussed by a committee; that the Commission could choose to only regulate the aggressive panhandler and leave the passive panhandler alone. Attorney Singer stated that sleeping in motor vehicles has always been prohibited; that proposed Ordinance No. 02-4370 is BOOK 51 Page 23084 04/15/02 6:00 P.M. BOOK 51 PAGE 23085 04/15/02 6:00 P.M. stressing the current implication regarding the prohibition of sleeping in vehicles; that camping has been limited to sleeping in a sleeping bag or covered with material; that proposed Ordinance No. 02-4370 only applies at night; that proposed Ordinance No. 02-4370 will not be enforced on an incidental person who fell asleep on a park bench in the evening with a file folder in the lap and therefore considered covered; that the camping issue a is social issue which a committee would not be able to make better; that a program to address the larger social issues relative to the homeless and the provision of services should not be at the expense of adopting the proposed ordinances, which are legal, constitutional, and will provide the SPD with tools to begin addressing the problems with camping, panhandling, and public urination and defecation; that the proposed ordinances will not solve all the neighborhood problems; however, the SPD will be able to provide some assistance to neighborhood residents. Commissioner Palmer asked the constitutional right to regulate speech during panhandling? Attorney Singer stated that any regulations impinging on First Amendment rights must be a time, manner, and place provision; that alternate avenues of communication must be provided; that panhandling can be performed during the daylight hours and is only prohibited at night; that donations can be requested non- verbally during the night; that alternate means of panhandling are offered. Commissioner Palmer stated that a concern expressed by the public is the proposed ordinances regulate life-sustaining activity. Attorney Singer stated that ordinances can address life-sustaining activities; that life-sustaining activities may still be conducted with certain provisions. Deputy City Auditor and Clerk McGowan read the proposed Ordinance Nos. 02-4370, 02-4371, and 02-4375 by title only. On motion of Commissioner Servian and second of Vice Mayor Palmer, it was moved to pass proposed Ordinance No. 02-4370 on first reading. Commissioner Servian stated that proposed Ordinance No. 02-4370 is not addressing the issue of homelessness but rather the issue of quality of life and safety for the entire community. Vice Mayor Palmer concurred. Commissioner Quillin stated that camping on private property is not supported; that camping in a vehicle or a recreational vehicle is supported; that the criminalization of traveling and sleeping in a car is not supported; that proposed Ordinance No. 02-4370 is not supported; that vehicles are usually parked on private or public land and can be moved; that the removal of individuals camping in the community is supported; that many constituents have contacted the City regarding camping issues; that a licensed vehicle should not be regulated by proposed Ordinance No. 02-4370. Mayor Mason stated that as policymakers, the Commission must work with agencies, neighborhood groups, and citizens to solve the community's problems; that the community must make the Commission aware of problems; that the policymakers are not providing for the interests of a select group of individuals in the City but rather are responsible for all the citizens in the City; that the issues addressed in proposed Ordinance No. 02-4370 are not easy; that the issue of homelessness is a community-wide concern; that dialogue has commenced regarding the homelessness issue and must continue to provide resolution; that proposed Ordinance No. 02-4370 is the initial step and is supported. Mayor Mason requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote to pass Ordinance No. 02-4370 on first reading. Motion carried (3 to 1): Palmer, yesi Quillin, no; Servian, yes; Mason, yes. On motion of Vice Mayor Palmer and second of Commissioner Servian, it was moved to pass proposed Ordinance No. 02-4371 on first reading. Vice Mayor Palmer stated that all the agencies concerned with homelessness must work together; that the City has done a great deal to assist the homeless; that most facilities to serve the homeless are located in the City limits; that action should be taken regarding homeless issues; that Staff has done an excellent job providing ordinances which will pass Constitutional muster; that the issues regarding panhandling, camping, and public urination and defecation have been dealt with all across the country, some successfully, some unsuccessfully. BOOK 51 Page 23086 04/15/02 6:00 P.M. BOOK 51 PAGE 23087 04/15/02 6:00 P.M. Commissioner Servian stated that panhandling has been debated in the public domain for a long time; that an Orlando, Florida, ordinance was obtained regarding the issue of panhandling; that the problem of aggressive panhandling exists in all areas of the City; that the majority of panhandling complaints are from the Downtown area; however, panhandling is happening Citywide; that the issue of economic redevelopment is critical to the City; that the City cannot redevelop if a hostile environment exists Downtown and throughout the City; that proposed Ordinance No. 02-4371 is supported. Commissioner Quillin stated that personal efforts have supported various organizations for a number of years; that the City has experienced serious situations concerning panhandling; that Downtown merchants have hired panhandlers to perform odd jobs which makes the City attractive for panhandling; that panhandlers do many projects; that Charleston, South Carolina, distributes cards indicating panhandling is not allowed in the Downtown area; that police departments and merchants hand out the cards with information regarding social services in the community; however, panhandling is not allowed in the Downtcwn Charleston area or in the community; that area merchants have resisted providing cards to panhandlers; that many services are available in the City; that panhandlers are asking for assistance; that a card could provide information to obtain services; that musicians who panhandle are supported due to the passiveness of the act; that the services for every person in the community require assistance; that proposed Ordinance No. 02-4371 is supported. Mayor Mason requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote to pass proposed Ordinance No. 02-4371 on first reading. Motion carried unanimously (4 to 0): Quillin, yes; Servian, yesi Mason, yesi Palmer, yes. On motion of Commissioner Palmer and second of Commissioner Servian, it was moved to pass proposed Ordinance No. 02-4372 on first reading. Commissioner Quillin stated that the necessity to adopt such detailed restrictions against public urination and defecation is unbelievable. Mayor Mason requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote to pass proposed Ordinance No. 02-4371. Motion carried unanimously (4 to 0): Servian, yesi Mason, yes; Palmer, yes; Quillin, yes. Commissioner Quillin stated that the City bares the brunt of the County in providing services for the community; that the 1990 census indicates 18 percent of City dwellers are paying more than 35 percent of income for housing versus 12 percent Countywide; that the City has more individuals one paycheck away from homelessness; that in 1995, 1,402 or 63 percent of the 2,205 subsidized housing units in the County were located in the City limits; that the entire County should be working to care for all the citizens; that the City cannot bear the entire burden. 7. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM VI) CD 10:07 through 10:14 The following people came before the Commission: Charles Senf, 2346 Pelican Drive (34237), stated that the Benefits Focus Group has not formulated a mission statement or established formal goals and objectives; that topics are discussed haphazardly; that presentations on wellness, laboratory benefits, and prescribed treatment for heart patients were provided; that the Chair indicated to the group the City Manager is requesting one plan; that the Chair is also a representative of retirees and is concerned by the request of the City Manager; that the initial formulation of the Benefits Focus Group is a concerni that the Benefits Focus Group is heavily weighted with non-represented employees; that the ration of active employee to retired employees is a concern; that the ratio is 10 to 3; that recognition of status as a pre- or post-1993 employee is not present; that representation is not provided if the group members are vague concerning represented constituents. George Ryan, 241 Garfield Drive (34231), representing the Lido Key Residents Association, stated that voters in the City recently provided overwhelming support for the Commissioner- Manager form of government; that the Commission has responsibility and accountability to the City; that Sarasota County is continuing in a dereliction to duty, responsibility, and legal obligation to maintain the historic Lido Casino swimming pool; that the pool has been closed since the middle of September of 2001; that no action has been taken to reopen the pool; that the pool issue was brought before the Commission months ago with no result; that the Commission indicated Federal Emergency Management Agency (FEMA) funds were available to repair the damage by Tropical Storm Gabrielle but nothing has BOOK 51 Page 23088 04/15/02 6:00 P.M. BOOK 51 PAGE 23089 04/15/02 6:00 P.M. been done; that Staff indicated the County Health Department will not allow the pool to reopen until the County performs the necessary maintenance work; that the pool has been ignored since becoming a County responsibility; that Staff also indicated the County has yet to schedule repairs despite continuing City demands and criticism; that the matter reflects directly on the Commission; that the questions requiring answers are: 1. Who will be held responsible and accountable for the unacceptable deaf ear to the wishes of the community? 2. Who will display the leadership the Strong-Mayor representatives indicated was missing from the Commission-Manager form of government? 3. Which Commissioner will lead? 4. When will the Commission take action? 5. Who is going to determine the future of the historic Lido Casino swimming pool? Will it be the County which has failed miserably in the obligation to the City? Will it be the current Commission and City Manager? Will it be the owners of the historic Lido Casino Community Pool, i.e., the people? Mr. Ryan continued that the pool is now filled with excuses, run-arounds, failed responsibility, and empty promises; that the failures are an embarrassment for the residents of the barrier islands and the entire City; that the community looks forward to the Commission's response with positive anticipation. 8. UNFINISHED BUSINESS: DISCUSSION RE: FUNDING REQUEST BY THE SARASOTA SEASON OF SCULPTURE THAT THE CITY CONSTRUCT LIGHTING AT THE BAYFRONT FOR THE PIECES OF SCULPTURES THAT ARE DISPLAYED BY THE SEASON OF SCULPTURE = APPROVED THE ALLOCATION OF $39,215; ADMINISTRATION TO BRING BACK A FUNDING SOURCE AT THE MAY 20, 2002, REGULAR COMMISSION MEETING AND A STAFF RECOMMENDATION CONCERNING THE COST OF THE PROJECT (AGENDA ITEM VII-1) CD 10:15 through 10:33 City Manager McNees stated that the Sarasota Season of Sculpture is requesting the City construct lighting at the Bayfront for the pieces of sculpture displayed by the Sarasota Season of Sculpture; that the Sarasota Season of Sculpture estimates the cost of the lighting at $63,850, which has been reduced by private contributions to $39,215; however, the Public Works Department estimates the remaining cost is $52,756; that the Downtown Association of Sarasota endorses the lighting project. Commissioner Quillin stated that lighting for the Sarasota Season of Sculpture was previously discussed and referred to Administration; that the utilization of Bayfront Improvement Funds was discussed. City Manager McNees stated that Staff's recommendation is the funding for the lighting for the Sarasota Season of Sculpture be considered during the fiscal year (FY) 2002/03 budget consideration. Jill Kaplan, Executive Director, and Charles Kuykendall, Representative, Sarasota Season of Sculpture, came before the Commission. Mr. Kuykendall stated that the Commission was approached in October 2001 with concepts for capital improvement along the Bayfront in the form of lighting to light the Bayfront sculptures during the Sarasota Season of Sculpture which could then be utilized to light landscaping at other times of the year; that the types of lighting fixtures were reviewed; that engineering drawings and specifications of the lighting required for the Bayfront were received; that a bid was received from a construction company of $74,000 for the lighting; that the lighting is for 21 locations and includes 42 light fixtures; that the bids were discussed with Staff, who indicated a contractor would not be required; that the price of the lighting has been lowered to $39,215 through donations. Mr. Kuykendall referred to a map of Bayfront Park displayed on the Chamber monitors indicating the locations for the lighting and stated that the recommendation is for 21 locations at the Bayfront to receive lighting; that one location which provides information regarding the Sarasota Season of Sculpture will receive a spotlight. Mr. Kuykendall referred to a photograph of the proposed lighting fixtures displayed on the Chamber monitors and stated that the photograph provides an example of the lighting which will highlight the sculptures; that the assistance of the City in funding the lighting for the Sarasota Season of Sculpture is requested. BOOK 51 Page 23090 04/15/02 6:00 P.M. BOOK 51 PAGE 23091 04/15/02 6:00 P.M. Commissioner Quillin stated that the proposed lighting will be permanent lighting for the Bayfront; and asked if Marina Jack is allowing the use of an electrical panel? Mr. Kuykendall stated that the City can tie the lighting to an electrical panel owned by Marina Jack; that the City will not be required to fund an electrical panel, saving approximately $2,000; that Marina Jack will pay for the power on the northern end of the Bayiront. Commissioner Quillin asked who will pay for the rest of the power required for the lighting? Mr. Kuykendall stated that the City would fund the power for the remaining lighting; that Florida Power and Light (FPL) has been requested to assist in funding the remaining power requirements; however, a commitment from FPL has not been received. Commissioner Quillin stated that permanent lighting is required on the Bayfront; that the additional lighting will provide a better ambiance at the Bayfront. City Manager McNees stated that Staff's recommendation for all individual requests for funding such as the Sarasota Season of Sculpture is to address the request during budget consideration; that funding for the lighting could be advanced if desired by the Commission. Mayor Mason asked for clarification regarding the use of Public Works in installing the lighting. William Hallisey, Director of Public Works, came before the Commission and stated that funding is not currently available to fund the lighting for the Sarasota Season of Sculpture. Commissioner Quillin stated that the Sarasota Season of Sculpture is tied into the City's 100th anniversary celebration; that the Sarasota Season of Sculpture is difficult to appreciate at night without lighting; that Sarasota Season of Sculpture is encouraged seek additional funding from donations. On motion of Commissioner Quillin and second of Commissioner Servian, it was moved to approve the appropriation of $39,000 for the lighting for the Sarasota Season of Sculpture and request information regarding the final cost if additional funding is obtained to lower the cost. Vice Mayor Palmer stated that the estimate by the Public Works Department for the lighting for the Sarasota Season of Sculpture is considerably more than $39,000 in terms of actual cost. Mr. Kuykendall stated that donations of materials have been received which make up the difference. Vice Mayor Palmer stated that the Public Works Department estimate is $52,756; that the $39,215 will not cover the expenses of the Public Works Department. Mr. Hallisey stated that the Public Works estimate is $52,756 if the lighting for the Sarasota Season of Sculpture is a standard contract and is bid through the City; that the Sarasota Season of Sculpture has obtained some in-kind services, donations, and a design; that the design has not been reviewed; that the ability to complete the lighting for $39,215 is not known. Commissioner Quillin as the maker of the motion with the approval of Commissioner Servian as the seconder, revised the motion to approve the allocation and for the Administration to bring back the item at the at the May 6, 2002, Regular Commission meeting after review by Staff and a verification as to cost. Mayor Mason asked the funding source of the lighting for the Sarasota Season of Sculpture? Commissioner Quillin stated that funding would come from reserves. City Manager McNees stated that Staff can recommend a funding source at a future date. Mr. Hallisey stated that returning with a recommendation at the May 6, 2002, Regular Commission meeting will be difficult; however, Staff can present a recommendation to the Commission at the May 20, 2002, Regular Commission meeting. Mayor Mason stated that the May 20, 2002, Regular Commission meeting is acceptable and requested that Deputy City Auditor and Clerk McGowan restate the motion. Deputy City Auditor and Clerk restated the motion as to approve the allocation of $39,215 and for the Administration to bring back a funding source and a Staff recommendation concerning the BOOK 51 Page 23092 04/15/02 6:00 P.M. BOOK 51 PAGE 23093 04/15/02 6:00 P.M. cost of the project at the May 20, 2002, Regular Commission meeting. Vice Mayor Palmer stated that the continuation of fund-raising by the Sarasota Season of Sculpture for the lighting is encouraged; that City funding is limited; that requests for City funding are plentiful; that lowering the cost of the lighting will be appreciated. Mayor Mason called for a vote on the motion. Motion carried unanimously (4 to 0): Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. 9. UNFINISHED BUSINESS: STATUS REPORT RE : FEDERAL BUILDING PROJECT INCLUDING THE BUDGET CONSTRUCTION SCHEDULE 1 GUARANTEED MAXIMUM PRICE (GMP) AND PROPOSED FUNDING APPROVED THE FIRST AMENDMENT TO THE CONSTRUCTION MANAGEMENT AGREEMENT WITH KRAFT CONSTRUCTION COMPANY, INC. / INCLUDING PHASE I AND PHASE II SCOPE OF SERVICES IN THE AMOUNT OF $2,977,043 AND THE OLD FASHIONED STREETLIGHTING PROJECT IN THE AMOUNT OF $110,500 (AGENDA ITEM VII-2) CD 10:33 through 10:59 Nancy Carolan, Director of General Services, Peter Horstman, AIA, Barger + Dean Architects, and Anthony Fico, Vice President, Project Development International (PDI), came before the Commission. Ms. Carolan stated that the First Amendment to the Agreement for Construction Manager and General Contractor Services (Amendment) with Kraft Construction is provided for Commission approval; that the Amendment provides for the Guaranteed Maximum Price (GMP) and authorizes Kraft Construction Company, Inc., (Kraft) to begin renovations on the Federal Building; that construction is scheduled to commence in April 2002 and last for 12 months; that the Federal Building will be ready for occupancy in May 2003; that the Federal Building will undergo a complete interior renovation including a new elevator, air conditioning and heating system, additional restrooms, and a new staircase leading to an expanded second floor; that the renovation will ensure the Federal Building complies with current Americans with Disabilities Act (ADA) requirements; that the historic elements located mostly in the lobby areas and the façade will be preserved; that finishes selected by the architect will complement the building style and period architecture. Ms. Carolan continued that the Federal building will provide ancillary office space for internal City departments, conference area space sufficient for large group public meetings, and will be equipped with the capability for live television broadcast as is currently available at City Hall; that the City could benefit from rental income from the Sarasota Bay National Estuary Program and the Department of Housing and Community Development to partially offset operating expenses if relocated to the Federal Building. Ms. Carolan further stated that the GMP is $2,672,865 for the base building project; that supplemental costs are $216,126 which are associated with the completion of the project and are outside the scope of the Construction Manager's contract; that the total base building cost with the supplemental costs is $2,888,991; that the Federal Building renovations will be totally funded if the historic grant in the amount of $350,000 is received; that the City applied for a Special Category Historic Grant (Historic Grant) in the amount of $450,000 to partially offset the historic restoration portion of the project; that the State Historic Preservation Board has provisionally approved the City for $350,000, subject to funding approval by the State Legislature which is pending; that the preliminary budget for the base building project included receipt of the $450,000 grant; that the construction team value engineered the Federal Building reconstruction to conform with the $350,000 grant parameters. Ms. Carolan stated further that up-front funding is requested to commence the base building portion of the renovation; that the funding would be returned to the City as the amount from the Historic Grant becomes known; however, whether the City will be receiving the provisionally granted $350,000 is unknown; that the City will award the contract to Kraft to commence the base building construction which will be fully funded if the $350,000 is appropriated by the Commission. Ms. Carolan stated that Staff will report back to the Commission once construction documents are developed and priced and the scope of Phase II improvements are defined. Mr. Horstman referred to a rendering displayed on the Chamber monitors indicating the proposed floor plan of the Federal Building and stated that the Federal Building has a two-story space with existing offices in the west wing; that the Commission requested a study to add second-floor space; that the study indicated 5,500 square feet can be added which would house an additional department in the building; that the budget approved in May 2001 included the construction for the second-floor space; BOOK 51 Page 23094 04/15/02 6:00 P.M. BOOK 51 PAGE 23095 04/15/02 6:00 P.M. that the Phase II improvements are the landscaping and site improvements; that the GMP is for the base improvements to the building but does not include the improvements around the building; that the proposal is to enhance the limited greenspace area with a public greenspace with a terrace and seating area as. well as improvements to security with additional site lighting and fencing; that the parking area will be more secure with the inclusion of fencing; that the Phase II improvements include benches and tables for the terrace. Mr. Horstman continued that Main Street Streetscape improvements will tie outside the property line to the improvements to Main Street; that a proposal to connect the Federal Building to Main Street with the lighting and landscaping is planned. Ms. Carolan stated that the work in the Phase II improvements includes new lighting and resurfacing the parking lot, fencing, irrigation, landscaping, new curbs and storm drains, an improved sidewalk at the corner of Orange Avenue and Golf Street, and improvements to the right-of-way; that Phase II has been defined and expanded to include recommendations by the Development Review Committee (DRC) and the Planning Board/Local Planning Agency and is budgeted for $304,178; that the improvements to enhance the site include development of a park on the north side of the Federal Building to provide greenspace and seating for passive enjoyment by both employees and the public; that Phase II, Streetscape/Urban Park, will cost $304,178 and will commence only if funded. Ms. Carolan continued that the Administration will propose to install ornamental pedestrian level lighting along Orange Avenue from Mound Street to Main Street in fiscal year (FY) 2002/03 as part of the Capital Improvement Program (CIP) ; that the project would help define the southern gateway to the Downtown area; that the installation of the lighting will create an attractive link of the Federal Building to Main Street; that savings will be realized if the lighting is installed as part of the project while the Federal Building is under construction and would ensure the building is not disturbed at the time the other project is constructed in the future; that the cost for completing the ornamental pedestrian lighting is $110,500 and is not included in the Kraft First Amendment. Ms. Carolan stated that the Amendment is included in the Agenda backup material for Commission review and has been reviewed and discussed by Staff and Mr. Fico. Mr. Fico stated that Kraft was forthcoming with information regarding received bids from vendors; that bids were received from approximately 140 separate contractors for 40 different elements of work; that the GMP is fair and reasonable; that the work schedule is preliminary but reasonable; that the renovation parameters have been established; that a renovation schedule with 150 to 350 separate items of work will be developed within two weeks of the notice to proceed; that PDI's responsibility is to ensure the project proceeds as contracted as well as to follow the contract PDI has with the City; that the contract PDI has with the City is a comprehensive owner/representative agreement; that Staff worked hard on the contract; that PDI, the construction manager, and the architect have reporting responsibilities; that overlap must be eliminated; that reporting protocol will be established. Mayor Mason asked the measures established to avoid cost overruns? Mr. Fico stated that PDI is the measure. Mayor Mason stated that PDI will be held as the measurei that monthly status reports will be provided to the Commission; and asked the departments which will occupy the Federal Building? City Manager McNees stated that a formal analysis for the City's requirements over the next five years is being performed; that the growth of the departments is béing evaluated; that a formal plan will be brought before the Commission. Mayor Mason stated that the previous Commission discussed a space plan. City Manager McNees stated that Staff will bring back a plan for Commission approval in approximately three weeks. Commissioner Quillin stated that conducting a formal analysis of the City's requirements over the next five years is supported; that a comprehensive analysis should be performed to determine the best manner the facility can serve the public best; that the Federal Building is a $3 million investment. Vice Mayor Palmer stated that the original cost estimate for the Federal Building renovation was approximately $3.339 million; that the cost estimate has now been established at $2.888 million due to value engineering; and asked the costs cut. BOOK 51 Page 23096 04/15/02 6:00 P.M. BOOK 51 PAGE 23097 04/15/02 6:00 P.M. Ms. Carolan stated that the project was value engineered; that Kraft was helpful in the value engineering. Mr. Horstman stated that the original cost estimate of $3.339 million was on target during the design/development stage; however, value engineering without effecting the overall project was studied with the possible reduction of the State Historic Grant; that changes to the heating, ventilation and air conditioning (HVAC) system saved $31,000 without changing the basic type of HVAC system; that the quality of finishes and extent of quality finishes was reduced in certain areas, particularly the ceilings. Vice Mayor Palmer asked if the quality of materials was reduced? Mr. Horstman stated no; that care was taken not to lower the quality of materials. Commissioner Quillin stated that the indication is the quality of the ceiling will be reduced. Mr. Horstman stated that the detail of the ceiling will be changed. Commission Quillin stated that part of the charm of the Federal Building is in the detail of the ceiling. Mr. Horstman stated that the detail of the ceiling is still in the project; that terrazzo flooring will still be included; that value engineering does not necessarily lower the quality; that cuts in the lighting package did not occur due to the future cost-saving features; that approximately $8,800 per year will be saved in energy cost with the proposed lighting package; that possible savings of $15,000 in lighting fixtures were. not taken due to the potential long-term savings in energy costs. Vice Mayor Palmer asked if the owner's contingency of $62,500 is a realistic figure for the Phase I project? Mr. Fico stated yes; that the owner's contingency of 2 percent is usual and customary. Vice Mayor Palmer stated that the owner's contingency appears low. Mr. Fico stated that the percentage is not too low; that the architect and construction manager have gone beyond the contractual commitment to the City to date; that the figure of $62,500 is supported with a portion possibly returned to the City. Vice Mayor Palmer stated that the ornamental pedestrian-level lighting is part of a project which will be addressed by the Commission at the May 29, 2002, CIP Workshop; and asked if approval for the ornamental pedestrian-level lighting should be postponed until the May 29, 2002, Workshop. Mr. Horstman stated that the installation of three lighting fixtures in front of the Federal Building could be postponed; that the lighting fixtures would require attachment to the front of the Federal Building as the power source; that the plan for the three fixtures was to connect to other City power sources; that the street would not require construction during the Main Street Streetscape as the lighting fixtures will be completed if installation occurs during the Federal Building renovations. Vice Mayor Palmer agreed. City Manager McNees stated that the Federal Building renovation will be the most closely scrutinized $3 million project in the history of the City; that the Federal Building will be a show-piece project; that Kraft is committed to quality renovations; that surprises may occur but will be swiftly addressed by Staff. Mayor Mason stated that monthiy status reports will be provided. City Manager McNees stated that is correct. On motion of Commissioner Quillin and second of Vice Mayor Palmer, it was moved to approve the First Amendment to the Construction Management Agreement with Kraft Construction Company, Inc., including Phase I and Phase II scope of services in the amount of $2,977,043 and the old fashioned streetlighting project in the amount of $110,500. Motion carried unanimously (4 to 0): Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. 10. UNFINISHED BUSINESS: ADOPTION RE : PROPOSED RESOLUTION NO. 02R-1495, APPROPRIATING $753,397 FROM THE UNAPPROPRIATED FUND BALANCE OF THE PENNY SALES TAX FUND TO PROVIDE ADDITIONAL FUNDING FOR THE LACK OF STATE GRANT FUNDS, AS WELL AS FUNDS FOR PHASE II AND OLD FASHION STREET LIGHTING BOOK 51 Page 23098 04/15/02 6:00 P.M. BOOK 51 PAGE 23099 04/15/02 6:00 P.M. FOR THE FEDERAL BUILDING RENOVATION PROJECT ADOPTED (AGENDA ITEM VII-3) CD 10:59 through 11:02 Deputy City Auditor and Clerk McGowan read proposed Resolution No. 02R-1495 by title only. On motion of Commissioner Quillin and second of Commissioner Servian, it was moved to adopt proposed Resolution No. 02R-1495. Vice Mayor Palmer asked the status of the Special Category Historic Grant? Mayor Mason stated that the Legislature did not address the budget during the previous Legislative Session will during the upcoming Special Legislative Session. Mayor Mason requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. Motion carried unanimously (4 to 0): Mason, yes; Palmer, yes; Quillin, yes; Servian, yes. 11. UNFINISHED BUSINESS: APPROVAL RE: OSPREY AVENUE MID-BLOCK CROSSWALK ALTERNATIVES APPROVED RECOMMENDED PHASE I, ALTERNATIVE 3, AND DIRECTED STAFF TO IMPLEMENT PHASE I, ALTERNATE 3 (AGENDA ITEM VII-4) CD 11:02 through 11:17 Dennis Daughters, Director of Engineering/City Engineer, Osama Freija, Traffic Engineer I, and Natalie Rush, Transportation Planner, Engineering Department, came before the Commission. Mr. Daughters stated that at the February 4, 2002, Regular meeting, the Commission requested the Engineering Department develop alternatives to improve upon the safety for both pedestrians and motorists at the Osprey Avenue mid-block crosswalk located between Hillview and Hyde Park Streets (crosswalk); and referred to the report entitled Osprey Avenue Mid-Block Crosswalk Report (Crosswalk Report) included in the Agenda backup material indicating that the crosswalk was striped as part of the Florida Department of Transportation (FDOT) Southside Village beautification project in 1997; that in January 2000, the Commission established a 15-mile-per-hour (mph) speed limit for the area to slow traffic at the pedestrian crossing; that the crosswalk was not in alignment after the refurbishment of Morton's Market nor fully compliant with the Americans with Disabilities Act (ADA); that in the latter part of 2001, Morton's Market funded the redesign and reconstruction of the crosswalk. Mr. Freija referred to diagrams of the crosswalk if the proposed alternatives are adopted which were displayed on the Chamber monitors as follows: Alternative 1 Take no action and leave the crosswalk as is 2 Retain diagonal parking on the east side, remove parking spaces next to the neckouts, extend the neckouts on both sides of the crosswalk to ensure bollards are set back from crosswalk entrances 3 Change diagonal to parallel parking on the east side of Osprey Avenue between Hillview and Hyde Park Streets and extend the neckouts on both sides of the crosswalk to ensure bollards are set back from crosswalk entrances 4 Construct a roundabout at the intersection of Osprey Avenue and Hillview Street Mr. Freija stated that currently, 11 diagonal parking spaces are located on the east and 6 parallel parking spaces on the west side of Osprey Avenue for a total of 17 parking spaces; that in-ground lighting and traffic sensors are located in the crosswalk; that Alternative 1 is to make no changes to the crosswalk; that three additional alternatives were developed to improve the safety and traffic flow of the crosswalk; that Alternative 2 eliminates two parking spaces on the east and two parking spaces on the west side of Osprey Avenue for a total four parking spaces, improving pedestrian visibility of traffic and narrowing the vehicle traffic lane; that pedestrian visibility is currently poori that Alternative 3 replaces the diagonal parking on the east side of Osprey Avenue with parallel parking, resulting in the loss of seven parking spaces, and extends the neckouts on both sides to improve pedestrian visibility; that Alternative 4 includes the construction of a roundabout at the intersection of Osprey Avenue and Hillview Street allowing continuous flow of traffic after stopping for pedestrians; that currently, most vehicular traffic loses green- light time stopping for pedestrian traffic. Mr. Freija continued that Staff's recommendation is to implement Alternatives 3 and 4 in phases; that Phase I is the implementation of Alternative 3 by creating parallel rather than BOOK 51 Page 23100 04/15/02 6:00 P.M. BOOK 51 PAGE 23101 04/15/02 6:00 P.M. diagonal parking on the east side of Osprey Avenue and extending the neckouts on both sides of Osprey Avenue which will narrow the travel lane to help slow the vehicles to 15 mph; that Phase II is to implement Alternative 4 by creating a roundabout at the intersection of Osprey Avenue and Hillview Street, allowing for continuous flow of traffic. Mr. Freija further stated that Staff previously recommended removing the crosswalk which is another alternative the Commission may consider; however, the Commission previously rejected Staff's recommendation and directed Staff to improve the safety of the crosswalk; that the current crosswalk is the result of recommendations from a task force previously formed to consider the problem of pedestrian crossing at Osprey Avenue; that currently, pedestrians enter the crosswalk directly from the diagonal parking spaces sO visibility is poor and traffic is backing up into the crosswalk; that a compromise between traffic and pedestrian movement should be reached. Vice Mayor Palmer stated that the crosswalk was a decision by another Commission; that the current crosswalk is a natural location; that pedestrians will not walk to the traffic signal and will cross Osprey Avenue mid-block even if the crosswalk is eliminated; that the area neighborhood is concerned about the possibility of losing parking spaces on Osprey Avenue as the parking will shift to neighborhood streets; and asked the relief for the neighborhood, if any, to the loss of parking spaces? Mr. Daughters stated that Alternative 2 results in the loss of four parking spacesi that Alternative 3 results in the loss of seven parking spaces; that Alternative 3 is recommended due to a higher safety factor than Alternative 2; however, Alternative 2 is safer than the currently existing Alternative 1; that changing the diagonal parking to parallel parking makes Osprey Avenue safer. Commissioner Quillin stated that the diagonal parking spaces will be eliminated if a roundabout is installed. Mr. Daughters stated that is correct. Commissioner Quillin stated that the parking spaces will either be lost now or at the time the roundabout is installed. Mr. Freija stated that a consultant engaged by the Sarasota/Manatee Metropolitan Planning Organization (MPO) will be studying the use of roundabouts in the City; that the intersection of Osprey Avenue and Hillview Street is one intersection which will be studied; that Staff developed the conceptual drawings presented and believes a roundabout can be located at the intersection; however, the input of the MPO's consultant is necessary. Commissioner Quillin stated that construction of a roundabout at the location would significantly improve vehicular and pedestrian traffic in the area. Commissioner Servian asked the anticipated construction date for the roundabout if approved? Mr. Daughters stated that construction of a roundabout will be several years into the future at least; that Staff's recommendation is to proceed with Phase I, Alternative 3 only; that construction of a roundabout would be dependent upon receiving funding as a capital improvement; that much study is still required. Commissioner Servian asked if only the diagonal parking north of the crosswalk could be eliminated until the roundabout is constructed? Mr. Daughters stated that only eliminating the diagonal parking north of the crosswalk is another alternative which can be considered; that pedestrians are hidden from northbound vehicles if a large vehicle is parked in the first space south of the neckout, which is the reason for recommending replacement of all diagonal parking with parallel parking; that the same rationale applies on the west side of Osprey Avenue, which currently has parallel parking. Mr. Freija stated that extending the neckout provides more visibility for pedestrians. Commissioner Servian stated that safety must come first. On motion of Commissioner Servian and second of Commissioner Quillin, it was moved to approve the recommended Phase I, Alternative 3, and direct Staff to implement Phase I, Alternative 3. Vice Mayor Palmer asked the number of lost parking spaces? Mr. Daughters stated that seven parking spaces would be lost. BOOK 51 Page 23102 04/15/02 6:00 P.M. BOOK 51 PAGE 23103 04/15/02 6:00 P.M. Vice Mayor Palmer stated that parking in the neighborhood is a concern; and asked if the impact to the neighborhood can be lessened? Commissioner Servian stated that parking in the neighborhood is a significant issue. Commissioner Quillin stated that public safety must be addressed first. Vice Mayor Palmer stated that the concern for public safety is understood; however, the impact of the loss of parking spaces on the neighborhood should also be addressed. City Manager McNees stated that the neighborhood's parking issues will be addressed by the parking plan in the Capital Improvement Program (CIP) for fiscal year 2002/03; that Sarasota Memorial Hospital is planning a large-scale parking structure for the area also. Mr. Frieja asked if approval of Phase II is included in the motion? City Manager McNees stated no. Mayor Mason called for a vote on the motion. Motion carried unanimously (4 to 0): Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. On motion of Commissioner Quillin and second of Commissioner Servian, it was moved to extend the meeting beyond the 11:30 p.m. deadline to complete the Agenda. Motion carried unanimously (4 to 0): Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. 12. UNFINISHED BUSINESS : APPROVAL RE : LIDO KEY BEACH SEDIMENT AESTHETIC ENHANCEMENT ("WHITE SAND") PROJECT APPROVED THE REPORT FROM COASTAL PLANNING & ENGINEERING, INC., APPROVED PLACEMENT OF THE "WHITE SAND" AS A TWO-FOOT LAYER FROM THE EXTENSION OF JOHN RINGLING BOULEVARD TO THE SOUTH END OF THE ISLAND IF SUFFICIENT SAND IS PROVIDED, AND AUTHORI: ZED THE ADMINISTRATION TO PURSUE THE HYDRAULIC PLACEMENT METHOD WITH THE UNITED STATES ARMY CORPS OF ENGINEERS (AGENDA ITEM VII-5) CD 11:17 through 11:29 Dennis Daughters, Director of Engineering/City Engineer, and Richard Spadoni, Senior Vice President, Coastal Planning & Engineering, Inc. (CPE), came before the Commission. Mr. Daughters stated that at the September 4, 2001, Regular meeting, the Commission approved an agreement with CPE to study alternatives for and recommend placement of white sand from the United States Army Corps of Engineers (USACE) New Pass Maintenance Dredging Project; that he met with United States Representative Dan Miller, House of Representatives, Congressional District 13, and staff on April 11, 2002, in Washington D.C.; that Representative Miller has included the City's request for $300,000 in General Construction Funds for the design of the 2004 Federal Nourishment Project in funding legislation for Federal projects for the next year; that the request must be submitted to the appropriate Congressional committees and subsequently to Congress for approval; that having the request included in the legislation pursuant to the Commission's request is a significant step; that Representative Miller agreed to initiate the process to fund a study to determine a permanent location for the channel at New Pass for future dredging projects; that the County requested the study as a condition of the County's approval of the straight-out direction for the current dredging; that the North Lido Shores Association is concerned about not receiving sand from the New Pass dredging; that a permit has not been obtained to place the sand on the north end of Lido Keyi that obtaining a permit takes one yeari that the sand from New Pass is light in color but is also fine and will not stay in place; that the USACE will be required to study the impacts on Lido Beach and the Town of Longboat Key if the funding request for the USACE study of the New Pass location is approved by Congress; that the study will provide recommendations for the location of the channel and recommendations for mitigating the effect the channel has on North Lido and the Lido Key Beach Sediment Aesthetic Enhancement Project (Lido Key Project); ; that the study should help resolve the erosion problem on the north end of Lido Key; that if approved, the study would be approximately three years in the future but would provide some hope in finally resolving the erosion problem. Mr. Spadoni stated that the USACE is anticipating dredging New Pass in July 2002; that the permitting situation was evaluated to determine if sand could be placed on the Lido Key beach; that permits drive projects as the time element is critical; that the permit is still active for the 2001 project which placed 360,000 cubic yards of sand on Lido Keyi therefore, the permitting BOOK 51 Page 23104 04/15/02 6:00 P.M. BOOK 51 PAGE 23105 04/15/02 6:00 P.M. agencies indicate the permit process could be expedited ahead of a normal permit process sO the sand dredged from New Pass could be placed on the Lido Key beach. Mr. Spadoni referred to drawings displayed on the Chamber monitors indicating the area proposed for scraping at New Pass and : stated that the project area extends from the middle to the southern end of Lido Key; that a cross-section of the beach was built one year ago; that the beach is at an elevation of five feet and will be scraped with bulldozers to a three-toot elevation; that the sand would be pushed offshore to recreate the beach width allowed in the permits; that the same beach width will be created as was constructed in 2001 but at a three-foot elevation; that the sand will be placed on top of the widened beach to rebuild the beach to a five-foot elevation; that the beach will then be racked; that the white sand will be maintained; that two methods of sand placement can be employed; that the first method is to truck the sand to the designated location; that the USACE has designated a stockpile for the sand if trucked; that the stockpile would be 3,000 feet long and 7 feet high; that trucking would require 10,000 truck-trips to move the sand down the coastline; that 4,000 truck-trips would be required if a scraper is utilized; that the trucking and scraping method is problematic due to the disruption; that the second method of sand placement is hydraulic; that the USACE was approached concerning the possibility of pumping the sand down the coastline to Lido Key beach, which would be less disruptive and similar to the disruption of the 2001 project; that trucking the sand would take approximately 100 workdays if dump trucks are utilized; that the USACE has tentatively agreed to proceed with the pumping or hydraulic method. Mr. Daughters stated that the USACE is willing to work with the City to help obtain a good price for the City for the Lido Key Project; and referred to Staff's recommendations from the Agenda request form as to: 1. Accept the report from CPE, 2. Approve placement of the white sand as a two-foot layer from the extension of John Ringling Boulevard to the south end of Lido Key, if sufficient sand is provided, and 3. Authorize the Administration to pursue the hydraulic placement method with USACE. Vice Mayor Palmer asked if the available permits will allow the placement of sand to marker R44, which is at the southern end of Lido Key? Mr. Daughters stated yes. Commissioner Servian asked if the Commission can assist in encouraging Congress to approve the necessary funding source? Mr. Daughters stated that written correspondence and telephone calls have been helpful in the past. On motion of Commissioner Servian and second of Vice Mayor Palmer, it was moved to accept the report from Coastal Planning & Engineering, Inc., approve the placement of the white sand as a two-foot layer from the extension of John Ringling Boulevard to the south end of the island if sufficient sand is provided, and authorize the Administration to pursue the hydraulic placement method with United States Army Corps of Engineers. Motion carried unanimously (4 to 0): Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. 13. UNFINISHED BUSINESS: APPROVAL RE: : CITY GRANT FUNDING: MONTHLY ACTIVITIES REPORT FROM THE GREATER DOWNTOWN SARASOTA ACTION TEAM (GDSAT) APPROVED (AGENDA ITEM VII-6) AND 14. UNFINISHED BUSINESS : APPROVAL RE : CITY GRANT FUNDING : MONTHLY ACTIVITIES REPORT FROM THE DOWNTOWN ASSOCIATION OF SARASOTA APPROVED (AGENDA ITEM VII-7) AND 15. UNFINISHED BUSINESS: : APPROVAL RE: CITY GRANT FUNDING: : MONTHLY ACTIVITIES REPORT FROM SARASOTA COURT WATCH, INC. APPROVED (AGENDA ITEM VII-8) CD 11:30 through 11:32 Commissioner Quillin stated that the monthly reports of the Greater Downtown Sarasota Action Team, the Downtown Association of Sarasota (Downtown Association), and Sarasota Court Watch, Inc. (Court Watch), were removed from Consent Agenda No. 1 for discussion as a request was previously made for the organizations to provide more substantial information in the monthly reports; that Court Watch does a good job of keeping the Commission up to date on the organization's various activities and the time devoted to each; that the questions which should be provided are the who, what, where, when, and why. BOOK 51 Page 23106 04/15/02 6:00 P.M. BOOK 51 PAGE 23107 04/15/02 6:00 P.M. City Manager McNees stated that the organizations' representatives can best respond to the questions and referred to the Agenda request form for Agenda Item VII-7 concerning the monthly report of the Downtown Association as follows: Due to prior commitments required in meeting the April 15, 2002, Internal Revenue Service tax filing deadline, the Downtown Association's accountant was unable to prepare the cost analysis of their scope of services for submittal with this monthly report. City Manager McNees stated that the Downtown Association has assured the information in which the Commission is interested will be provided next month. Commissioner Quillin stated that information concerning grant expenditures and funds remaining would be appreciated in the next monthly report. City Manager McNees stated that the information will be provided. On motion of Commissioner Quillin and second of Commissioner Servian, it was moved to approve, Agenda Item Nos. -6, -7, and 8 to approve the reports of the Greater Downtown Sarasota Action Team, the Downtown Association of Sarasota, and Sarasota Court Watch, Inc. Motion carried unanimously (4 to 0): Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. 16. NEW BUSINESS: APPROVAL RE: TRANSPORTATION IMPACT FEE PROJECT PRIORITY LIST FOR 2002, AND DIRECT STAFF TO WORK WITH SARASOTA COUNTY AND THE METROPOLITAN PLANNING ORGANIZATION TO EXPEDITE 17"H STREET AND MYRTLE STREET AS FUNDING PERMITS - APPROVED (AGENDA ITEM VIII-1) CD 11:32 through 11:34 Dennis Daughters, Director of Engineering/City Engineer, and Alexandrea Hay, Deputy Director of Engineering/Deputy City Engineer, came before the Commission. Mr. Daughters stated that the Engineering Department submits the City-requested Transportation Impact Fee Project Priority List (Priority List) together with suggested modifications annually; that Staff forwards the project priority list to the County to request concurrence upon receiving Commission approval of the Priority List. Ms. Hay stated that the modifications to the 2001 Priority List are: Item Action US 41 Fruitville Road Move remaining funds to the intersection westbound to 17th Street Improvement southbound left turn lane Project 17th Street Improvement Place all available funding Project into this Project. Move the construction funds to fiscal year (FY) 2004/05 Ms. Hay stated that the funds from the US 41/Fruitville Road Project should be moved to the 17th Street Improvement Project as the US 41/Fruitville Road project has been completed; that income from transportation impact fees for the fiscal year (FY) 2000/01 was greater than estimated sO funding for the 17th Street Improvement Project can be increased; that the funds for the 17th Street Improvement Project have been moved to FY 2004/05 to better coincide with the funding requested through the Sarasota/Manatee Metropolitan Planning Organization (MPO). On motion of Commission Quillin and second of Commissioner Servian, it was moved to approve the Transportation Impact Fee Project Priority List for 2002 and direct Staff to work with the County and the Sarasota/Manatee Metropolitan Planning Organization (MPO) to expedite the 17th Street Improvement Project as funding permits. Motion carried unanimously (4 to 0): Palmer, yesi Quillin, yes; Servian, yes; Mason, yes. Deputy City Auditor and Clerk McGowan stated that the following persons were signed up to speak to Agenda Item No VII-5 but may no longer be present in the Chambers; that with the permission of the Commission, the speakers will be called if anyone is still present wishes to speak. Mayor Mason requested that Deputy City Auditor and Clerk McGowan proceed. Mr. Daughters stated that the speakers are known and were pleased with the Commission's vote. Deputy City Auditor and Clerk McGowan called the following persons who had signed up to speak but were no longer present in the Chambers: BOOK 51 Page 23108 04/15/02 6:00 P.M. BOOK 51 PAGE 23109 04/15/02 6:00 P.M. Greg Colby, 1927 Pebble Beach Court, Venice (34293), representing First Lido Condominiums. John Kirker, 1706 Ben Franklin Drive (34236), representing the South Lido Coalition and the Lido Key Residents Association. George Ryan, 241 Garfield Drive (3.4231), representing the Lido Key Residents Association. Jim Cooney, 720 Garfield Drive (34236), representing the Lido Key Residents Association. 17. NEW BUSINESS: APPROVAL RE: : AUTHORIZE THE ADMINISTRATION TO UNDERTAKE THE UNPAVED RIGHT OF WAYS PAVING PROJECT AND NEGOTIATE A CHANGE ORDER WITH THE 2001 PAVEMENT RESURFACING PROJECT, I (BID #01-72M) IN THE AMOUNT OF $175,000 TO IMMEDIATELY PAVE ONE MILE OF THESE UNPAVED TRAVELED RIGHTS OF WAYS = APPROVED (AGENDA ITEM VIII-2) CD 11:35 through 11:37 City Manager McNees stated that the Unpaved Right-Of-Way Project is pleasing; that Staff has saved funds on the work plan for 2002; that the Unpaved Right-Of-Way Project is a good way to spend the saved funds. William Hallisey, Director of Public Works, and Richard Meier, P.E., Public Works Department, came before the Commission. Mr. Hallisey stated that approximately 1.5 miles of unpaved traveled rights-of-way exist in the Cityi that a project to pave approximately one mile of the rights-of-way is scheduled for fiscal year (FY) 2007/08 as part of the adopted Capital Improvement Program; that the City received favorable bids for the annual 2001 Pavement Resurfacing Project sO the planned 13.5 miles of streets can be repaved for $870,000 rather than the $1.4 million originally budgeted; that the Administration proposes to utilize $175,000 of the now available funding to immediately pave one mile of the City's unpaved traveled rights-of-way; that the shell streets will be paved; that the paving will not include curb, gutter, and sidewalks; that the streets will be paved at the level of 30 to 40 percent of the other City streets. On motion of Vice Mayor Palmer and second of Commissioner Quillin, it was moved to authorize the Administration to undertake the Unpaved Right-of-Way Paving Project and negotiate a change order with the 2001 Pavement Resurfacing Project (Bid No. 01-72M, contractor to pave streets prepared for paving by the City). Commissioner Servian stated that the project is pleasing. Commissioner Quillin stated that the neighborhood on 15th Street is now not required to wait until the year 2007 to have the street paved which is pleasing. Mayor Mason called for a vote on the motion. Motion carried unanimously (4 to 0): Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. 18. NEW BUSINESS: APPROVAL RE: AUTHORIZE THE CITY ATTORNEY TO PREPARE AND AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE THE SECOND EXTENSION TO THE AGREEMENT FOR LANDSCAPE SERVICES BETWEEN THE CITY OF SARASOTA AND DAVID W. JOHNSTON ASSOCIATES, INC. AND KIMLEY-HORN AND ASSOCIATES, INC., (R.F.P. #99-49H) TO EXERCISE THE 2ND AND FINAL RENEWAL EXTENSION OF THE AGREEMENT (AGENDA ITEM VIII- 3) CD 11:37 through 11:38 Commissioner Quillin stated that communications have been received from Gillespie Park residents who expressed concern regarding the neighborhood improvement project in progress in Gillespie Park. On motion of Commissioner Quillin and second of Commissioner Servian, it was moved to delay consideration of Agenda Item VIII-3 until the May 6, 2002, Regular Commission meeting sO Staff can meet with the Gillespie Park residents and the landscape architect to resolve any issues prior to approving an extension to the Agreement for Landscape Services. Motion carried unanimously (5 to 0): Palmer, yes; Quillin, yesi Servian, yes; Mason, yes. 19. APPOINTMENT RE : NUISANCE ABATEMENT BOARD APPOINTED STEVEN HOLMES, JR. (AGENDA ITEM XI) CD 11:38 through 11:40 On motion of Commissioner Quillin and second of Vice Mayor Palmer, it was moved to appoint Steven Holmes to the Nuisance Abatement Board. BOOK 51 Page 23110 04/15/02 6:00 P.M. BOOK 51 PAGE 23111 04/15/02 6:00 P.M. Vice Mayor Palmer stated that another vacancy will occur on the Nuisance Abatement Board in the near future; and asked if two appointments can be made at this time. Commissioner Quillin stated that the vacancy must exist prior to appointment. Deputy City Auditor and Clerk McGowan stated that one vacancy was advertised; however, the applications of the other candidates can be held for consideration at the time the vacancy occurs. Mayor Mason called for a vote on the motion. Motion carried unanimously (4 to 0): Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. 20. COMMISSION BOARD AND COMMITTEE REPORTS (AGENDA ITEM IX) CD 11:40 through 11:45 COMMISSIONER QUILLIN: A. stated that Sarasota County is revising the Grants-in- Aid Program; that she serves on the Community Action Board (CAB) of the Community Action Agency (CAA); that the CAA was established in 1998 and administers the Community Service Block Grant (CSBG) funds, which are available to low-income families; that the CAA in Sarasota County decided to make the funds available for emergency rent or mortgage payments to keep people from being displaced from their homes; that by State Statute, the CAB is comprised of five elected officials, five representatives of the service community, and five neighborhood representatives; that the County gave a presentation at CAB's last meeting indicating administration of the CSBG funds would fall under the auspices of the Steering Committee of the Community Alliance of Sarasota County; that the County has a population of over 300,000; that the County has three social workers to administer the CSBG and other social services programs; that 20 percent of the population in the County is below the poverty level; that the Steering Committee is newly formed and is comprised of 41 members; that local government has only one seat which is being filled by the Sarasota Council of Governments; that the City bears the brunt of the social services and has the greatest population of low-income individuals; that the CAB will be holding a workshop in the near future; that the County is making an effort to eliminate the CAA due to the expense of administration; that the City of Sarasota is the largest incorporated city in the County; that each one of the incorporated cities should have a representative on the Steering Committee. Mayor Mason stated that copies of information concerning the CAB and the Steering Committee could be distributed to each Commissioner. Commissioner Quillin stated that copies will be provided; that the Steering Committee could work out well; however, the cities in the County, particular the City of Sarasota, should have better representation on the Steering Committee. 21. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA - AGREED COMMISSIONER QUILLIN WILL REPRESENT THE CITY FOR THE 21ST CENTURY CHALLENGE PROGRAM (AGENDA ITEM X) CD 11:45 through 11:54 COMMISSIONER QUILLIN: A. stated that the recent 21st Century Challenge meeting held by Habitat for Humanity International was attended; that a representative of the Department of Housing and Community Development also attended; that another meeting is scheduled for 8:30 a.m., May 2, 2002; that she is willing to represent the Commission if desired; that the hope is the Home Builders Association and area realtors will become involved. Mayor Mason stated that hearing the Commission's agreement, Commissioner Quillin will represent the City for the 21st Century Challenge program. B. stated that complaints have been received from the public concerning the need for tree trimming on Main Street; that some streetlights are not working; that the public does not know who to call for requests for service; that a telephone number should be provided sO the public can call if a streetlight is not working. Mayor Mason stated that the information was distributed with the utility bills in 2001. Commissioner Quillin agreed but stated that everyone does not receive a utility bill. BOOK 51 Page 23112 04/15/02 6:00 P.M. BOOK 51 PAGE 23113 04/15/02 6:00 P.M. Mayor Mason stated that the police should report any streetlights which are not working. Commissioner Servian stated that the police volunteers are also supposed to report any streetlights which are not working. Commissioner Quillin stated that the City should have one telephone number with an answering machine; that calls for service should be tracked. C. stated that receiving a report concerning police activity by Commission District would be appreciated; that having statistical information available would be helpful; that she prepared and distributed a newsletter which included crime statistics in the early 1990s for the neighborhood watches in the north Downtown area. MAYOR MASON: A. stated that the Agenda for the June 3 through 5, 2002, Florida Historical Commission meeting, which will be held in Sarasota, will be provided the Commission; that a reception should be sponsored for the Florida Historical Commission members; that the Florida Historical Commission will be taking a tour of historical sites in the City; that any Commissioners wishing to attend are invited. VICE MAYOR PALMER: A. stated that an April 14, 2002, reception to honor the volunteers at the Van Wezel Performing Arts Hall (VWPAH) was attended; that the VWPAH Executive Director indicated revenues are higher and expenses are lower than fiscal year 2000/01, which the volunteers helped make possible. B. stated that the Sarasota Story produced by the Sarasota Concert Band was attended and was wonderful; that the Sarasota Concert Band is complimented for a wonderful job. COMMISSIONER SERVIAN: A. stated that a pamphlet regarding the City's ban on panhandling should be developed for merchants to provide customers; that a list of social services could be included in the pamphlet; that the information should be disseminated to the people on the street. B. stated that two events which epitomize the heart and soul of the City were recenty attended: an event at the Senior Friendship Center and the reception for the VWPAH volunteers; that the City benefits greatly from the amount of volunteerism in the City. C. stated that the Community Redevelopment Agency (CRA) voted to terminate the Agreement for the Disposition and Development of Property for the Palm Walk Project (Agreement) on April 8, 2002; that subsequently, meetings were personally held with the developer; that the developer should have been invited to the Commission table to provide a status report concerning the project. Commissioner Quillin stated that the CRA took the action concerning the Agreement; that the current meeting is of the Commission rather than the CRA; that the CRA can consider the Agreement. Commissioner Servian stated that the request is to determine if consensus exists to allow the developer to speak at the May 6, 2002,. Special CRA meeting; that the CRA will be discussing alternatives for the site. Mayor Mason stated that the current meeting is of the Commission; that any action concerning the Palm Walk Project must be considered by the CRA. Commissioner Quillin stated that a request for the developer to speak to the CRA can be discussed at the May 6, 2002, Special CRA meeting. Vice Mayor Palmer stated that any CRA Board member can place an item on the Agenda for the board. BOOK 51 Page 23114 04/15/02 6:00 P.M. BOOK 51 PAGE 23115 04/15/02 6:00 P.M. 22. ADJOURN (AGENDA ITEM XII) CD 11:54 There being no further business, Mayor Mason adjourned the Regular meeting of April, 15, 2002, at 11:54 p.m. Cankg Mase CAROLYN J. MASON, MAYOR ATTEST: ceb MCEEWAN, DEFUTY CITY AUDITOR AND CLERK à 90 2