BOOK 54 Page 26001 08/08/03 2:00 P.M. MINUTES OF THE SPECIAL SARASOTA CITY COMMISSION MEETING OF AUGUST 8, 2003, IMMEDIATELY FOLLOWING THE 2:00 P.M. CITY COMMISSION WORKSHOP PRESENT: Mayor Lou Ann R. Palmer, Vice Mayor Richard F. Martin, Commissioners Fredd "Glossie" Atkins, Danny Bilyeu, and Mary Anne Servian, City Manager Michael A. McNees, City Auditor and Clerk Billy E. Robinson, and City Attorney Richard J. Taylor ABSENT: None PRESIDING: Mayor Palmer The meeting was called to order in accordance with Article III, Section 9(a) of the City of Sarasota Charter at 3:55 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. ADOPTION RE: SECOND READING OF PROPOSED ORDINANCE NO. 03- 4462, AMENDING CHAPTER 18, HUMAN RELATIONS OF THE SARASOTA CITY CODE TO IMPLEMENT ARTICLE I, SECTION 5, OF THE CHARTER OF THE CITY OF SARASOTA PROHIBITING DISCRIMINATION ON THE BASIS OF AGE, COLOR, DISABILITY, GENDER, MARITAL STATUS, NATIONAL ORIGIN, RACE, RELIGION, SEXUAL ORIENTATION OR VETERANS STATUS IN THE AREAS OF HOUSING, EMPLOYMENT AND PUBLIC ACCOMMODATIONI TO PROVIDE FOR A DECLARATION OF POLICY; TO PROVIDE FOR DEFINITIONS TO CREATE A HUMAN RELATIONS BOARD AND TO PROVIDE FOR ITS COMPOSITION, FUNCTION AND JURISDICTION: TO SET FORTH THOSE ACTS WHICH CONSTITUTE UNLAWFUL EMPLOYMENT PRACTICES; TO PROVIDE FOR EXCEPTIONS THERETO; TO PROHIBIT DISCRIMINATION IN THE SALE OR RENTAL OF HOUSING; TO PROHIBIT DISCRIMINATION IN THE PROVISION OF BROKERAGE SERVICES; TO PROHIBIT DISCRIMINATION IN THE FINANCING OF HOUSING OR IN RESIDENTIAL REAL ESTATE TRANSACTIONS TO PROHIBIT DISCRIMINATION IN LAND USE DECISIONS AND IN PERMITTING OF DEVELOPMENTI TO PROVIDE FOR EXEMPTIONS; TO PROHIBIT DISCRIMINATION IN THE PROVISION OF PUBLIC ACCOMMODATIONS, TO PROVIDE FOR EXEMPTIONS; TO ADOPT THE AMERICANS WITH DISABILITIES ACT OF 1990, THE REGULATIONS ADOPTED THEREUNDER AND THE FLORIDA AMERICANS WITH DISABILITIES ACCESSIBILITY IMPLEMENTATION ACT BY REFERENCE; TO PROVIDE THAT ANY VIOLATION OF SUCH ACTS SHALL BE A DISCRIMINATORY PRACTICE; TO MAKE UNLAWFUL CERTAIN DISCRIMINATORY PRACTICES; PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR THE SEVERABILITY OF PARTS HEREOF IF DECLARED INVALID OR UNENFORCEABLEI ETC. (TITLE ONLY) = ADOPTED (AGENDA ITEM I) CD 3:56 through 3:58 City Auditor and Clerk Robinson read proposed Ordinance No. 03-4462 by title only. On motion of Commissioner Servian and second of Commissioner Servian, it was moved to adopt proposed Ordinance No. 03-4462 on second reading. Commissioner Servian stated that everything required was said at first reading of proposed Ordinance No. 03-4462 at the August 4, 2003, Regular Commission meeting; that seeing the City move into the modern age with the adoption of proposed Ordinance No. 03-4462 is pleasing. Commissioner Bilyeu stated that he does not personally require an ordinance to be non-discriminatory which is pleasing; however, the City apparently required an ordinance; that the progress of proposed Ordinance No. 03-4462 is pleasing; and distributed the following newspaper articles: August 5, 2003, Sarasota Herald-Tribune article with the headline "City OKs ordinance prohibiting antigay bias" August 7, 2003, Pelican Press article with the headline "Civil rights ordinance goes for low-key approach" Commissioner Bilyeu stated that the headline of the Sarasota Herald-Tribune article was disappointing; that adoption of proposed Ordinance No. 03-4462 is not due to a gay issue; that Diane McFarlin, Publisher of the Sarasota Herald-Tribune, returned his call from the Tampa International Airport, which was appreciated; that adequate room did not exist to include the word "anti-discrimination" in the headline; that the headline of the Pelican Press article was preferred; that the content of the Sarasota Herald-Tribune article which was written by Lisa Rab, Reporter, was liked; that concerns regarding proposed Ordinance BOOK 54 Page 26002 08/08/03 2:00 P.M. BOOK 54 Page 26003 08/08/03 2:00 P.M. No. 03-4462 were previously expressed; and quoted Section 18-2, Definitions of proposed Ordinance No. 03-4462 as follows: Sexual orientation means having an orientation, or being identified as having an orientation, for male or female homosexuality, heterosexuality, or bisexuality. Commissioner Bilyeu continued that proposed Ordinance No. 03- 4462 is to prohibit discrimination against anyone; that speakers at the public hearing at the August 4, 2003, Regular Commission meeting indicated Christians should be on the Human Relations Board, which is important; that the Human Relations Board should have representatives of the gay and lesbian, the African- American, and the Jewish communities and well as representatives of other groups; that a good mix of people should be appointed to the Human Relations Board, which will shine in educating people concerning the issues; that increasing the number of members on the Human Relations Board may be necessary; that a charge and challenge are issued to the Commission to present the applications of good people to serve on the Human Relations Board, so the Human Relations Board will work and not be trivial; that the work of everyone who invested time and effort in the development of proposed Ordinance No. 03-4462 is appreciated. Vice Mayor Martin stated that the comments are appreciated; that the Commission has always looked and will continue to look for a fair representation of people to serve on the City's advisory boards; that members of the community from diverse backgrounds should be encouraged to apply for the Human Relations Board. Commissioner Atkins stated that nothing further need be added as the City's residents spoke when they voted. Mayor Palmer stated that the Commission spoke at the public hearing for proposed Ordinance No. 03-4462 at the August 4, 2003, Regular Commission meeting. Mayor Palmer called for a vote on the motion to adopt proposed Ordinance No. 03-4462 on second reading and requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yesi Martin, yes; Palmer, yes; Servian, yes. 2. REPORT RE : PRESERVING THE EASTERN PORTION OF THE JOHN RINGLING CAUSEWAY BRIDGE FOR USE AS A FISHING PIER APPROVED TO: 1) HONOR THE PREVIOUS COMMISSION'S ACTION NOT TO RETAIN A PORTION OF THE EXISTING JOHN RINGLING CAUSEWAY BRIDGE TAKEN AT THE NOVEMBER 6, 2000, REGULAR COMMISSION MEETING AND 2) ESTABLISH A TASK FORCE TO DISCUSS AND STUDY THE AMENITIES AT THE TONY SAPRITO PIER (AGENDA ITEM II) CD 3:58 through 4:29 Mayor Palmer stated that Dennis Hart, representing Hart's Landing, is present in the audience and will speak to the Commission concerning the possible retention of the eastern portion of the existing John Ringling Causeway Bridge for use as a fishing pier; that Mr. Hart played a major role in previous discussions concerning the issue before the Commission and probably has the most expertise concerning the area; that hearing no objections, Mr. Hart is requested to address the Commission at the appropriate time . City Manager McNees stated that Engineering Staff worked with PCL Civil Contractors, Inc. (PCL), and the Florida Department of Transportation to obtain current cost estimates to retain a portion of the existing John Ringling Causeway Bridge and did an excellent job; and referred to a chart dated August 7, 2003, previously distributed to the Commission of estimated costs to retain a portion of the existing Ringling Causeway indicating the costs of two retention options as follows: Initial Cost Annual Maintenance 400 foot long portion $1,857,000 $52,200 1,200 foot long portion 4,173,000 316,200 City Manager McNees stated that the chart provides cost estimates which were quickly developed and therefore do not have the high degree of precision of more thorough and lengthy analysis; that nevertheless, the cost estimates provide general estimates based on previously developed information; that the initial costs involve rehabilitation of the columns and pilings of the existing John Ringling Causeway Bridge, etc., and are significant; that the superstructure, i.e., the upper deck, the roadway, and the railings, is in relatively good condition; however, the substructure, i.e., the pilings, etc., is in poor condition; that the substructure is more expensive to repair and maintain; that annual maintenance is not as much of an issue as BOOK 54 Page 26004 08/08/03 2:00 P.M. BOOK 54 Page 26005 08/08/03 2:00 P.M. the initial cost; that permitting work will likely be extensive; that the permitting agencies are concerned about the shadows from two bridges as a seagrass bed is in the area; that additionally, a scouring analysis will be required; that a scouring analysis concerns the hydraulics of the water flow past the substructure of the two bridges and the effect of the water flow on the Bay bottom; that the effort was to provide the most accurate estimate possible; that PCL suggested extending Tony Saprito Pier if the desire is for a pier which extends further into the Bay; that maintaining a 60 foot wide structure will be required to obtain fishing lanes on either edge of the structure if a portion of the existing John Ringling Bridge Causeway Bridge is retained; that a narrower fishing pier would require less maintenance and initial construction and provide the same benefit; that the design of the eastern side of the new John Ringling Causeway Bridge provides for the development of a significant City park; that the existing John Ringling Causeway Bridge is high on the approach ends; that a large handicap ramp would be required to traverse from the park level to the remaining portion of the existing John Ringling Causeway Bridge if retained and would utilize a significant amount of the proposed park; that park space would be traded for a handicap ramp if a portion of the existing John Ringling Causeway Bridge is retained. Mayor Palmer requested that a sketch of the handicap ramp be displayed on the Chamber monitors. City Manager McNees displayed a sketch of the possible design of the handicap ramp on the Chamber monitors; and stated that the design was prepared for previous Commission discussions; that a certain slope is required for a handicap ramp. Dennis Hart, representing Hart's Landing, came before the Commission and stated that the required handicap ramp is a major concern in retaining a portion of the existing John Ringling Causeway Bridge; that the handicap ramp would be located in the area required for the retention pond; that retaining a portion of the existing John Ringling Causeway Bridge for a fishing pier would require the Commission assume additional responsibility; that he has been involved with the fishing community in the City for many years; that portions of the existing John Ringling Causeway Bridge would be better utilized as an artificial reef offshore, which would benefit more people; that the site designated for renourishing by the debris from the existing John Ringling Causeway Bridge is the Lynn Silvertooth Reef site, which was originally developed in 1968 at the time the Siesta Key Bridge was rebuilt; that his background includes service as past Chair of the Artificial Reef Committee for four and a half years plus additional service as a member; that assistance was provided in the development of two thirds of the artificial reef sites in the Bayi that former Mayor and Commissioner Rita Roehr requested his involvement with the artificial reef program in 1982 or 1984; that the State provided $25,000 for artificial reefs in the Bay; that artificial reefs had been constructed off-shore previously but not in the bays in the State; that along with Biscayne Bay, the City of Sarasota took the lead in constructing artificial reefs in bay waters; that the evidence of the benefit of artificial reef projects in the Bay is Clear; that every dollar invested results in a $10 return; that funds generated by tourism in association with artificial reef projects is significant; that Scuba Quest conducts diving expeditions which bring people from Tampa, Brandon, etc.; that the diving expeditions include lodging at the Sarasota Hyatt Hotel and scuba and diving tours of the artificial reef sites in Sarasota Bay. Mr. Hart displayed photographs of the substructure of the existing John Ringling Causeway Bridge including the damage to the pilings; and continued that the State has tried to cap the damaged pilings in the past, which was only modestly successful; that approximately six years ago, significant funds were expended to place large boulders around the pilings mostly on the west side of the existing John Ringling Causeway Bridge; that PCL will remove the pilings completely or break the pilings which cannot be removed; that the remaining portion of the pilings will become artificial reefs; that. some artificial reefs which were created by the removal of the original John Ringling Causeway Bridge from Golden Gate Point to Bird Key still remain. Mr. Hart displayed photographs of the Tony Saprito Pier which indicate the deck is beginning to crack and stated that the fishing was excellent from the existing John Ringling Causeway Bridge in 1978 prior to the ban on fishing from the Bridge; that people believe the fishing would be as good again, which is not true; that the area has experienced too many red tides and too BOOK 54 Page 26006 08/08/03 2:00 P.M. BOOK 54 Page 26007 08/08/03 2:00 P.M. much development, both of which affect the fishing; however, fishing is still good from the Tony Saprito Pier. Mr. Hart displayed photographs of fish recently caught from the Tony Saprito Pier including a stripped bass which was recently featured in Florida Sportsmen Magazine and the Sarasota Herald- Tribune, a pompano caught on peewee shrimp, a 16-inch black drum, and other various fish; and further stated that a gentlemen who makes artificial lures which are sold at the Hart's Landing Bait Shop indicated the fishing for pompano is better from the Tony Saprito Pier than anywhere else locally at the present time, including the Fort DeSoto Pier and the Sunshine Skyway Pier. Mr. Hart displayed a photograph of a child in a wheelchair at the Tony Saprito Pier and stated that the railing was destroyed in years past; that discussions were held with City Staff to replace the railing at a lower level sO the handicapped confined to a wheelchair could see the Bay over the railing; that unfortunately, the railing was replaced at the original level of 46 inches; that many enhancements to the Tony Saprito Pier were considered at the November 6, 2000, Commission meeting at the time the previous Commission decided not to retain a portion of the existing John Ringling Causeway Bridge for a fishing pier; that fish which currently seek the existing John Ringling Causeway Bridge for shelter will move to the Tony Saprito Pier for shelter; that extending the length of the Tony Saprito Pier as suggested by PCL is an excellent idea; that people who fish regularly know the fishing is good during the feeding periods in the hot summer months; that the people who know fishing at the Tony Saprito Pier are doing well; that the Tony Saprito Pier is a safe, friendly environment; that a good activity is to drop bait in the water at the Tony Saprito Pier and watch the sun set or rise and the boats sail through the John Ringling Causeway. Mayor Palmer quoted the minutes of the November 6, 2000, Regular Commission meeting included in the Agenda backup material as follows: Mayor Pillot stated that Mr. Hart will be consulted at the time further enhancements to the Tony Saprito Pier are examined. City Manager Sollenberger stated that Staff will consult Mr. Hart at the appropriate time. Mayor Palmer asked if Mr. Hart has been consulted? Mr. Hart stated that City Staff has not been in contact; that County Staff was in contact concerning the installation of approximately 140 artificial reef buoys around the Tony Saprito Pier; that a reef buoy is a concrete structure approximately 48 inches in size with ingress and egress holes and is placed approximately 18 inches off the Bay floor; that Sarasota Bay is a plateau from south of the John Ringling Causeway Bridge through the area offshore of the John and Mable Ringling Museum of Art; that the plateau is composed of hard lime rock seven feet below the surface of the Bay, which is part of the difficulty in keeping artificial reefs in the Bay; that installing artificial reefs in the hard lime rock in the Bay is costly. Mayor Palmer stated that the Commission's action at the November 6, 2000, Regular Commission meeting was to engage Mr. Hart in any discussions to improve the quality of and the amenities at the Tony Saprito Pier; and asked if the engagement has occurred? Mr. Hart stated that the engagement still needs to occur. Commissioner Bilyeu stated that the possibility of adding fingers to the Tony Saprito Pier was mentioned at the November 6, 2000, Regular Commission meeting; that the existing John Ringling Causeway Bridge was recently toured; that the problem with the substructure was viewed; that recently, a tour was also taken of Mote Marine Aquarium and Laboratory, Inc. (Mote Marine); that the pompano farms were viewed; that Mote Marine's plans for replenishment of the Bay at the aquaculture site were discussed; and asked if the under-lighting to attract fish which was previously discussed has been installed? Mr. Hart stated no; that the installation of spot lights underneath the Tony Saprito Pier for fishing enhancement has always been a desire; that bait fish know to come to lighting at dusk and become familiar with the safe environment; that bait fish attract big fish. BOOK 54 Page 26008 08/08/03 2:00 P.M. BOOK 54 Page 26009 08/08/03 2:00 P.M. Commissioner Bilyeu stated that retaining any portion of the existing John Ringling Causeway Bridge is not supported; that establishing a Task Force to consider the possibilities for enhancing the Tony Saprito Pier is supported; that enhancements such as installing lights underneath the pier and reinstalling the railing to enhance the view of the Bay for the handicapped are supported. Vice Mayor Martin stated that the information provided by Mr. . Hart concerning the Bay and fishing is appreciated. Mr. Hart stated that the first Commission meeting attended was at approximately the age of 12. Vice Mayor Martin stated that constituents have indicated concern because fishing is not allowed from the existing John Ringling Causeway Bridge, parking cannot be found at Centennial Park so a boat can be launched, and more places to access the Bay are required; and asked if people indicate space at the railing at the Tony Saprito Pier cannot be found during peak fishing times? Mr. Hart stated that the tide comes through the Tony Saprito Pier in certain directions, with the wind creating eddies underneath; that people familiar with the Tony Saprito Pier know how to fish the Tony Saprito Pier; that the fishing is better from some areas on the Tony Saprito Pier than others; that getting space at the better locations on the Tony Saprito Pier is difficult at times; that the County placed the artificial reef buoys in front of the light posts at the Tony Saprito Pier which was intelligent as access is not easily available to people fishing; that making the Tony Saprito Pier longer to reach further out into Sarasota Bay would be good as the water is only four feet deep at the end of the Tony Saprito Pier at low tide; that a number of sharks are caught at the end of Tony Saprito Pier at certain times of the year, particularly from September through November. Commissioner Atkins stated that the intormation is appreciated; that the possibility of extending the Tony Saprito Pier to create opportunities to fish is encouraging; that the cost of retaining a portion of the existing John Ringling Causeway Bridge is astounding; that a question is if the public is riding on a bridge which will fall down in the near future. Mayor Palmer stated that the condition of the existing John Ringling Causeway Bridge is a reason for the effort to complete the new John Ringling Causeway Bridge as soon as possible; that safety concerns exist. On motion of Commissioner Servian and second of Commissioner Bilyeu, it was moved to honor the previous Commission's action not to retain a portion of the existing John Ringling Causeway Bridge taken at the November 6, 2000, Regular Commission meeting. Commissioner Servian stated that retaining a portion of the existing John Ringling Causeway Bridge without knowing the source of funding for on-going maintenance would be foolish; that the idea to retain a portion of the existing John Ringling Causeway Bridge for pedestrians, street fairs, etc., is admirable; however, the existing John Ringling Causeway Bridge is unsafe; that the cost to renovate and maintain a portion of the existing John Ringling Bridge as a fishing pier is prohibitive. Mayor Palmer agreed and stated that previous conversations were held with Mr. Hart and City Engineering Staff; that the Administration was requested to provide information concerning the cost of retaining a portion of the existing John Ringling Causeway Bridge; that based on the information, justification to maintain a portion of the existing John Ringling Causeway Bridge as a fishing pier does not exist; that the permitting issues including the concern of shadows on the seagrass beds are significant; that PCL has a contract to remove the existing John Ringling Causeway Bridge; that the debris from the existing John Ringling Causeway Bridge will add to the artificial reef system by enriching the Lynn Silvertooth Reef as well as possibly other locations, thus increasing fishing opportunities; that moving forward with reviewing possible expansion to and enhanced amenities at the Tony Saprito Pier is strongly supported; that the hope is Mr. Hart will help with the effort. Mayor Palmer called for a vote on the motion. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Martin, yes; Servian, yes; Palmer, yes. BOOK 54 Page 26010 08/08/03 2:00 P.M. BOOK 54 Page 26011 08/08/03 2:00 P.M. On motion of Mayor Palmer who passed the gavel to Vice Mayor Martin and second of Commissioner Atkins, it was moved to establish a Task Force to discuss and study the amenities at the Tony Saprito Pier. Vice Mayor Martin called for a vote on the motion. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Palmer, yes; Servian, yes; Martin, yes. Mayor Palmer stated that having the discussion at the Commission table was important despite the prior two Commission discussions as members of the community had many questions and had expressed concern; that the information was requested and obtained; that a decision was made based on the information. 3. APPROVAL RE: RENEWAL OF CITY MANAGER'S EMPLOYMENT AGREEMENT APPROVED WITH THE FOLLOWING CHANGES : 1) REMOVAL OF THE TERM DATE IN SECTION 3, 2) REMOVAL OF THE 120 DAY TERMINATION NOTICE PERIOD IN SECTION 3 (B), 3) ADDITION OF ELIGIBILITY FOR THE GENERAL EMPLOYEES I LONGEVITY PLAN TO SECTION 8, AND 4) CLARIFICATION OF LANGUAGE AS RECOMMENDED BY THE CITY ATTORNEY (AGENDA ITEM III) CD 4:29 through 4:44 City Manager McNees referred to the draft Employment Agreement for the City Manager (Employment Agreement) included in the Agenda backup material and stated that the Employment Agreement was drafted by the City Attorney; that Section 8, Salary, does not include reference to City's longevity plan provided to the City's general employees; that the following is suggested for inclusion: Employee shall also be entitled to longevity benefits as provided to the City's general employees. City Manager McNees stated that additionally, the City Attorney recommended some clarifications which do not change the substance of the Employment Agreement; that the City Attorney is suggesting leeway for legal clarification if the Employment Agreement is approved. Commissioner Servian asked the reason for an Employment Agreement for the City Manager and not the other Charter Officials? City Manager McNees stated that the Employment Agreement for the City Manager is required by the City of Sarasota Charter (1996). Commissioner Servian asked if an Employment Agreement is only required for the City Manager? City Auditor and Clerk Robinson stated that City Charter was changed after the employment of the City Auditor and Clerk and the City Attorney; that an Employment Agreement was not required at the time of his appointment and the appointment of City Attorney Taylor. City Manager McNees referred to Section 1, Article V, of the City Charter as follows: The City Manager shall be employed by written contract.. Commissioner Servian referred to Section 3, Term, of the Employment Agreement as follows: a) Employee shall serve at the pleasure of the City Commission. Such employment shall continue until September 30, 2006, or until terminated Commissioner Servian that the language could include no finite date; that proposed language is suggested as follows: a) Employee shall serve at the pleasure of the City Commission and shall continue until terminated City Manager McNees stated that the proposed language is acceptable. Commissioner Servian stated that the proposed language is preferred. Mayor Palmer stated that hearing the Commission's agreement, the proposed language will be incorporated into the Employment Agreement. BOOK 54 Page 26012 08/08/03 2:00 P.M. BOOK 54 Page 26013 08/08/03 2:00 P.M. Commissioner Atkins stated that the City Manager can voluntarily leave the employ of the City. Mayor Palmer stated that is correct, with notice. Commissioner Servian referred to Section 11, Vacation and Sick Leave, which provides for three weeks' vacation annually; and stated that most Chief Executive Officers receive a minimum of four weeks' vacation; and asked the reason for providing three weeks' vacation? Mayor Palmer asked the amount of vacation provided general employees? City Manager McNees stated that three weeks' vacation is one week more than provided general employees in the first years of service; that having four weeks' vacation would be wonderful; however, three weeks' vacation is acceptable; that the thought is appreciated; that three weeks' vacation is a week more than provided general employees. Commissioner Servian stated that typically, Chief Executive Officers are provided a month's vacation from the beginning of employment due to the high level of responsibility: that some freedom to relax should be afforded. City Manager McNees stated that the City's run-walk-swim incentive program provides an opportunity to earn an additional week. Mayor Palmer referred to Section 3, Term, of the Employment Agreement as follows: b) Said agreement shall continue unless either party hereto gives written notice of intent to terminate to the other party at least 120 days prior to the termination date. Mayor Palmer stated that the annual performance evaluation should be scheduled prior to the 120 days notice period. City Attorney Taylor stated that the provision for the notice period was an area of suggested language clarification; that some of the termination language in the Employment Agreement is somewhat inconsistent with the fact the City Manager serves at the pleasure of the Commission; therefore, some suggestions are to make the language in the Employment Agreement consistent with the authority provided the Commission in the City Charter; that the provision requires 120 days notice except in instances of dismissal for criminal conduct. Mayor Palmer stated that the Employment Agreement provides for six months' salary in severance, plus earned and accrued leave; that the need for 120 days notice plus six months' severance pay is not understood; that the comments are not personal but in consideration of the development of a contract; that the Employment Agreement protects the City Manager in the event of termination and provides severance plus earned and accrued leave. City Attorney Taylor stated that the item is for negotiation. City Manager McNees stated that the requirement for the provision for the notice period changes since the term is changed; that the notice period is relative to the term and is prior to the expiration date if the Employment Agreement has a finite expiration date; that notice is required if the Commission is not going to renew the Employment Agreement at the expiration date; that the provision concerning the notice period is redundant to the severance provision if the term is eliminated; and asked if the Commission is suggesting a one- year, automatically renewable Employment Agreement or a perpetual Employment Agreement with termination provisions. Mayor Palmer stated that the Employment Agreement automatically continues until a termination or resignation occurs. City Manager McNees stated that the severance provision is effective unless he is convicted of a crime. Mayor Palmer stated that is correct, unless a voluntary resignation occurs. City Manager McNees stated that only eas rned and accrued leave would be paid in the event of a voluntary resignation. Mayor Palmer stated that is correct; that the provision concerning 120 days notice should be removed. BOOK 54 Page 26014 08/08/03 2:00 P.M. BOOK 54 Page 26015 08/08/03 2:00 P.M. City Manager McNees agreed and stated that the requirement for the provision concerning the notice period changed with the elimination of the term provision of the Employment Agreement. Mayor Palmer referred to Section 14, Deferred Compensation/ Pension Plan, of the Employment Agreement as follows: a) Annually, in addition to the base salary paid EMPLOYEE, CITY shall pay the maximum annual contribution allowed under Section 457 of the Internal Revenue Code into the aforementioned retirement plan, on EMPLOYEE'S behalf. Mayor Palmer stated that the provision is a concern due to the City's budgetary constraints; that the contribution to the deferred compensation plan should be increased over time; that the proposed increase is $4,500; that the increase should occur over the next two years, with 50 percent being paid in fiscal year (FY) 2003/04 and 50 percent being paid in FY 2004/05, sO the increase would be $2,250 each year; that the Commission recently eliminated $5,000 from the Commission's budget for FY 2003/04; that contributing the maximum allowed by the Internal Revenue Code is acceptable eventually; that employees are being asked to cut back; that the suggestion is to have the increase implemented over the course of two fiscal years; and asked if the City Manager has any objections? Commissioner Servian stated that the suggestion is not supported. City Manager McNees stated that the agreement of the majority of the Commission will be accepted; however, the provision should have been in the initial Employment Agreement; that the provision concerning the amount of the contribution was for a specific amount in the initial Employment Agreement rather than incorporating the phrase "the maximum annual contribution allowed under Section 457 of the Internal Revenue Code" as had been anticipated; that the initial Employment Agreement was presented with the indication further changes should not be requested; that his decision was to accept the specified amount and to raise the issue concerning the deferred compensation contribution during renewal of the Employment Agreement. On motion of Mayor Palmer who passed the gavel to Vice Mayor Martin, it was moved to change the language in Section 14, Deferred Compensation/Pension Plan, of the Employment Agreement to indicate the increase to the deferred compensation plan to the maximum allowed by the Internal Revenue Code will occur over the next two years, with 50 percent being paid in fiscal year (FY) 2003/04 and 50 percent being paid in FY 2004/05. Motion died for lack of a second. On motion of Commissioner Servian and second of Vice Mayor Martin, it was moved to approve the Employment Agreement for City Manager Michael A. McNees with changes as follows: removal of the date in Section 3, Term, removal of the 120 termination notice period from Section 3(b), addition of eligibility for the general employees' longevity plan to Section 8, Salary; and clarification of language as recommended by the City Attorney. City Attorney Taylor stated that none of the legal language clarifications will change the substance; that for example, no prefacing clauses indicated a previous Employment Agreement existed; that the proposed Employment Agreement should indicate a previous Employment Agreement existed; that language in the Employment Agreement includes reference to the term "family" rather than "eligible dependents"; that the suggested clarifications change nothing in the substance of the Employment Agreement. City Manager McNees stated that the term of the Employment Agreement is being eliminated; therefore, reference to annual renewal will also be eliminated. Mayor Palmer stated that the provision concerning deferred compensation is not liked; however, a negative vote will not be cast on that basis. Mayor Palmer called for a vote on the motion. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yesi Martin, yes; Servian, yes; Palmer, yes. 4. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM IV) CD 4:44 through 4:53 The following person came before the Commission: BOOK 54 Page 26016 08/08/03 2:00 P.M. BOOK 54 Page 26017 08/08/03 2:00 P.M. Paul Thorpe, 157 Garden Lane (34242), stated that the dedication of the new John Ringling Causeway Bridge is scheduled for August 30, 2003; that on August 13, 2003, the Celebrate Sarasota Committee will be requested to allocate $3,000 to help defray some of the expenses for the dedication; that the fundraising for the fireworks, etc., began late; that funding help is needed; that the request is being presented to the Commission; that the request will be presented to the Celebrate Sarasota Committee on August 13, 2003; that the hope is the Commission will agree with the request; that most activities will be on private property; that the only in-kind services required will be extra Police protection; that plans are moving ahead quickly; that invitations will be mailed to all elected officials of the City, the County, and the State who may have an interest and an involvement; that the Sarasota High School (SHS) Mighty Sailor Band will lead a parade to include antique cars for the elected officials; that the SHS Band recently ordered new uniforms, which hopefully will be received for the dedication ceremony; that other entertainment is planned; that requests have been received from bicycle clubs to ride over the new John Ringling Causeway Bridge; that the schedule of events and activities is being planned. Mayor Palmer asked the type of action which can be taken under Citizens' Input? City Auditor and Clerk Robinson stated that the Commission Rules of Procedure will only allow referral to the Administration. Mayor Palmer stated that the Commission cannot take formal action concerning the request for funding based on the Commission Rules of Procedure. Mr. Thorpe stated that assistance was requested from the providers of the fireworks at Ed Smith Stadium, which works under a City contract; that the Celebrate Sarasota Committee could approve the request for funding; that the desire is to inform the Commission to assure no surprises; that generally, funding requests approved by the Celebrate Sarasota Committee are approved by the Commission; however, no commitment can be made at this time. Vice Mayor Martin stated that the Sarasota Bay National Estuary Program (SBNEP) sponsors an annual race entitled Clear View of the Bay; that the SBNEP was interested in being involved in the John Ringling Causeway 10K and 5K Dedication Races which are planned as part of the dedication of the new John Ringling Causeway Bridge and had budgeted funds for the event; that the current status of the participation of the SBNEP is not known. Mr. Thorpe stated that the Committee on which he sits to plan the dedication for the Commission has not been involved in the activities concerning the Dedication Races, which are separate events; that the promoters of the Dedication Races have numerous sponsors and have raised several thousand dollars for the Dedication Races which are scheduled from 7:30 to 8:30 a.m.; that his Committee is not participating in developing the plans for the Dedication Races; that area yacht clubs are sponsoring a boat parade with 150 boats at 1:30 p.m.i that efforts are being made to keep the drawbridge open for the boat parade; that three weeks remain to complete the plans. Mayor Palmer stated that a fundraiser for the City was previously suggested; that for example, a dunking booth with the Commissioners such as was held at the employees' picnic could be set upi that the hope is to raise funds for the reconstruction of the Lido Beach Pool. Mr. Thorpe stated that the amount of funds which could be raised from a dunking tank is not known. Mayor Palmer stated that the funds raised may be minimal; however, any funds raised would be helpful. Mr. Thorpe stated that the hope is funds will remain from the dedication ceremony and can be contributed to the City for the Lido Beach Pool; that the funds raised by the Dedication Racers will be contributed to the Young Men's Christian Association (YMCA). Mayor Palmer stated that any funds remaining after expenses will be given to the City for the Lido Beach Pool. Mr. Thorpe stated that is correct; that a short amount of time is available. City Manager McNees stated that a fundraiser for the City continues to be mentioned; that the best minds working on the dedication of the new John Ringling Causeway Bridge cannot identify an appropriate fundraiser surrounding the dedication; that ideas have not been forthcoming; that any funds generated from the current plans will be contributed for reconstruction of the Lido Beach Pool. BOOK 54 Page 26018 08/08/03 2:00 P.M. BOOK 54 Page 26019 08/08/03 2:00 P.M. Mayor Palmer stated that the efforts of the Committee are appreciated; that the Committee deserves significant credit for developing the plans sO quickly. City Manager McNees stated that Mr. Thorpe has stepped forward and taken the lead, which is much appreciated. Mayor Palmer stated that the dedication of the new John Ringling Causeway Bridge is scheduled for August 30, 2003. Mr. Thorpe stated that the parade will be at 5:30 p.m.; that the ribbon cutting will be at 6:00 p.m., followed by fireworks. 5. OTHER MATTERS ADMINISTRATION WILL WORK WITH THE CITY ATTORNEY'S OFFICE TO BRING THE COMMISSION A PACKAGE OF ANALYSIS INFORMATION SO THE COMMISSION CAN CONSIDER THE ISSUE OF IN-HOUSE VERSUS OUTSIDE LEGAL COUNSEL; A WORKSHOP CONCERNING THE BOBBY JONES GOLF COMPLEX WILL BE SCHEDULED WITH INFORMATION PROVIDED BY THE ADMINISTRATION (AGENDA ITEM V) CD 4:53 through 5:25 MAYOR PALMER: A. stated that the Commission has previously discussed the status of the City Attorney's Office, i.e., in-house versus outside legal counsel; that the authority has been given to the Charter Officials to return with a recommendation; that an item to determine the process for making a decision should be placed on the Agenda for the September 15, 2003, Regular Commission meeting; that an objective process as to the manner in which to review the rationale and the options to bring the City Attorney's Office or part thereof in-house or alternative proposals based on a factual analysis of current and future needs of the City should be developed; that the issue should be reviewed holistically; that the Commission is requested to allow placing an item concerning the process of the decision making on the Agenda of the September 15, 2003, Regular Commission meeting for further discussion. Commissioner Servian stated that the thought was Commission agreement had been reached to hold a workshop, which is preferred sO an opportunity is available to explore the issue in a lengthy fashion; that a question which was going to be presented at the current meeting is if a workshop had been scheduled; that during the Budget Workshops, reviewing the City Attorney's Office was discussed; that the thought was Commission consensus had been reached to schedule a workshop; that holding a workshop is preferred to placing an item to take action on an Agenda for a Regular Commission meeting; that the workshop will lead to an Agenda item for a Regular Commission meeting; that the ability to obtain enough information to take action during a Regular Commission meeting is not known. Mayor Palmer stated that the request is not for an item to make a decision concerning the City Attorney's Office but rather to determine the process to follow to make a decision; that the analysis should be completed by an outside source and an objective party; that the Charter Officials should bring forward a process; that enough objective, evaluative information is not currently available to make decisions, which is the reason for suggesting the process to follow to obtain the information necessary to make wise decisions concerning the alternatives be determined. Vice Mayor Martin stated that considerable discussion has previously occurred; that the Commission should reach a decision as to a future direction; that obtaining a consultant's study may be helpful and would be reviewed; however, the City Finance Staff recently conducted an in-house study of the Sarasota Police Department (SPD) and was able to access information about other cities of like size regarding the number of police officers, crime statistics, etc.; that the study was very helpful in the reviewing the SPD and focusing the decision making; that Finance Staff is very capable of conducting a similar review concerning legal services provided in other cities; that additionally, the understanding is the City Manager has issued directives to departments as to access to the City Attorney's Office for legal advice; that the City Attorney has communicated with City Staff concerning requests of the City Attorney's Office; that the suggestion is to: 1) review City Staff's use of the City Attorney's Office and 2) conduct an in-house study through Finance Staff, which is the simplest, cheapest, and fastest manner in which to obtain the information; that the question of legal services has been brought to the forefront for Staff, the Commission, and the community; that Clarity is required to move forward. Mayor Palmer stated that the suggestion is for the Charter Officials to recommend a process for reviewing the issue; that BOOK 54 Page 26020 08/08/03 2:00 P.M. BOOK 54 Page 26021 08/08/03 2:00 P.M. enough information is not currently available to even provide guidance as to a direction at a workshop; that professional expertise is required and could be obtained in house; that the issue has been referred to the Charter Officials; that apparently, some unease exists as to follow through; that the desire is for the Charter Officials to bring forward a process, which could be a study conducted by in-house Staff or an outside consultant. Commissioner Bilyeu stated that the suggestion to have Finance Staff obtain information is good as a first stepi that the issue should be moved forward; that the issue is complex; that the Commission should not proceed too quickly; that a good possibility is for Finance Staff to conduct a study similar to the study conducted of the SPD, quickly with little cost and not a great deal of Staff time; that a workshop could be scheduled once the information is obtained; that not moving forward keeps certain people anxious; that the process should be moved forward. Commissioner Atkins stated that the struggle is deciding which should come first, the workshop or the process; that a workshop could be held but no process decided, which will mean the process will require definition after the workshop; that determining the process should probably come first; that the belief was the Charter Officials had been directed to define the process. Commissioner Servian agreed. Commissioner Atkins stated that the Charter Officials should have returned to the Commission if the Charter Officials had some uneasiness concerning the process; that the process for decision making can be moving in another direction if the Charter Officials do not want to move the process forward; that in-house review presents certain concernsi that a process should be developed; that the Commission should determine the process if the Charter Officials do not determine the process. Mayor Palmer stated that some unease probably exists as to the actual work required rather than the process; that a process should be determined; that the issue will not be resolved in a short time period; that the issue is not new but rather is coming to the forefront; that the Commission has a difference of opinion as to the manner in which to proceed, which has been part of the problem in the past; that good direction as to the manner in which the Commission wishes to proceed may not have been provided. Commissioner Bilyeu asked if Sarasota County previously obtained legal services through outside legal counsel and changed to in- house legal counsel? Commissioner Servian stated yes. Commissioner Bilyeu stated that Sarasota County likely has a procedure concerning the process; that as much information as possible should be obtained; that information concerning the process followed by Sarasota County would be helpful. Commissioner Servian stated that placing an item concerning the manner in which to proceed on the Agenda is acceptable; that engaging a consultant to conduct a study is not desired; that the suggestion to utilize Finance Staff, who can be objective, to gather information from other cities of similar population concerning staffing levels, rates of pay, etc., is good; that for the Charter Officials to work together concerning this type of issue is difficult; that an item concerning the process can be placed on the Agenda of a Regular Commission meeting if necessary. Mayor Palmer stated that the suggestion is for the Charter Officials to present the process; that utilizing Finance Staff to conduct an in-house study may make sense; that the Charter Officials can work together to determine the processi and asked the recommendations of the Charter Officials? City Attorney Taylor stated that bringing something back is difficult as an easily accessible repository of information is not available from which to obtain the data; that one idea discussed with the City Manager involving Finance Staff was to develop a hypothetical with a scenario of a certain number of attorneys in house; that the cost to the City could be determined; that another method is for some department to devote the time and effort to research the information; that the City Attorney's Office is not equipped to research the information and is too busy conducting the City's on-going legal business to try to organize a Statewide search of legal services provided comparable jurisdictions; that the Florida League of Cities was contacted but unable to provide comparative data; that no additional sources of information are known; that no knowledge exists as to any additional activity which can be done at this time, other than obtaining statistics over which the City Attorney has control and can obtain. City Auditor and Clerk Robinson stated that he is at a disadvantage as the inquiry was not known in advance; that a process is required; that the process could simply be for Finance BOOK 54 Page 26022 08/08/03 2:00 P.M. BOOK 54 Page 26023 08/08/03 2:00 P.M. Staff to determine if the analysis desired can be performed and a report returned; that Finance Staff reports to the City Manager. Mayor Palmer stated that the agreement of the Charter Officials is required if departmental Staff will be undertaking the study. City Manager McNees stated that no unease about doing the requested work exists; that a lack of clarity may exist; that the issue was most recently discussed after the City Attorney issued the July 11, 2003, report; that the need for any additional information was not Clear; that the Commission seemed to accept the City Attorney's report; that the understanding from the discussions at the Budget Workshops was to gather the available information and schedule a workshop; that no effort is being made to avoid requests for information; that a combination of everything discussed sO far may be the best approach; that Finance Staff can work with the City Attorney's Office to develop a pro- forma for options of an in-house presence and the cost, either entirely in-house or a hybrid; that comparative information similar to the information obtained for the SPD would be simple to gather; that different cities may have different organizational structures; that Budget Staff can obtain the information and provide the Commission with an understanding of the meaning of the information; that Finance Staff can prepare such a review if desired with a report back; that the information developed by Finance Staff in addition to the analysis of the City Attorney's Office already presented by the City Attorney could be brought back to the Commission in either a Regular or Special Commission meeting or a workshop; that the Commission could decide on a direction in which to proceed. Mayor Palmer stated that the Commission must proceed; that the conversation has been helpful. Commissioner Servian stated that the July 16, 2003, memorandum from the City Attorney to the Commission indicated the staffing level of six attorneys and a paralegal, the number of hours worked, and the cost; that the cost of duplicating the staffing levels in house could be determined; that the average cost was approximately $124.50 per hour, equating to an average annual salary of approximately $259,000, which is not accurate; that the numbers are only averages; that the number of attorneys or paralegals who could be brought in house could be compared to the current salary paid each individual at the City Attorney's Office for City services only, not private services, which seems the simplest approach; that the issue is becoming too complicated for the requirement for initial consideration. Mayor Palmer stated that the hope is to uncomplicate the information required. Commissioner Bilyeu stated that the information from other similarly sized cities and perhaps Sarasota County is necessary to make a good decision; that other jurisdictions must have followed a process; that the City should be able to obtain information from other jurisdictions; that contact can be made with cities of 50,000 to 75,000 residents with basic questions concerning legal services; that the situation of the City Attorney is understood; that companies send Staff to train employees in other countries who then take Staff's jobs; that the anxiousness and anxiety of the City Attorney's Office are appreciated; that as much information as possible should be obtained; that a workshop may be the appropriate venue; that alternatively, an item concerning the process could be placed on the Agenda of a Regular Commission meeting. Mayor Palmer asked if the City Manager is comfortable with the direction provided? City Manager McNees stated that a direction will be suggested; that the problem is an attempt to invent a process which is Staff's job; that the Commission can indicate the City Manager has the Budget Staff, is the budget expert, and should work with the Staff expertise and information of the City Attorney's Office to bring the Commission a package of analysis information sO the Commission can consider the issue of in-house versus outside legal counsel, which will be done; that the process may be sensitive but is not complicated; that the Administration will undertake the task if directed by the Commission and bring the information to the Commission in any format desired. Mayor Palmer stated that the suggestion is exacty as desired and read a prepared statement of the request as follows: Recommendation by Charter Officials of a process of reviewing rationale and options regarding bringing the City Attorney's Office in house or alternative proposals based on a factual analysis of current and future needs of the City. Commissioner Servian stated that the City Manager is not making the same recommendation. BOOK 54 Page 26024 08/08/03 2:00 P.M. BOOK 54 Page 26025 08/08/03 2:00 P.M. Mayor Palmer stated that the City Manager indicated a process would be put in place and the information brought back, which is exactly as desired; and stated that hearing no objections, the suggestion made by the City Manager is the direction by which to proceed. COMMISSIONER SERVIAN: A. asked if a proposed date for the workshop concerning the Bobby Jones Golf Complex (BJGC) as requested during the Budget Workshops has been determined? City Auditor and Clerk stated that the dates for some workshops have been scheduled; that the date for the workshop concerning the BJGC has not been scheduled; however, a workshop concerning the BJGC is on the list for scheduling. City Manager McNees stated that the Commission could determine the priority for a workshop concerning the BJGC, i.e., immediately or in six months; that knowing the Commission's priority concerning the BJGC would be helpful. Commissioner Servian stated that ideally, the workshop should be scheduled within the next three months. City Auditor and Clerk Robinson stated that the timeframe currently under consideration is October or November 2003. Commissioner Servian stated that the timeframe is acceptable. Mayor Palmer stated that clarification of the purpose of the workshop concerning the BJGC would be appreciated. Commissioner Servian stated that the Commission's discussion involved a review of the possibility of an outside vendor managing the BJGC and returning a revenue source to the City, which is done in many municipalities throughout the County, consideration of utilizing portions of the golf course for affordable housing, which would result in increased ad valorem taxes, a park in East Sarasota, or other options, etc.; that the nine hole Executive Course of the BJGC loses money; that sensitivity to the original 18 holes of the BJGC is required. Mayor Palmer asked if Commission consensus exists? Commissioner Servian stated that the Commission reached a consensus at the Budget Workshops. Mayor Palmer stated that Commission consensus was reached to consider use of some of the BJGC property for other purposes; that she previously indicated reducing the number of holes below 36 was not supported. Commissioner Servian stated that 45 holes currently exist. Mayor Palmer stated that her reference is to the 36 holes at the BJGC, not including the Executive Course; that considering the possibility of developing a park for East Sarasota is supported; that the concern is the extent to which the review will extend; that no conversation concerning an outside versus an inside vendor is recalled at the Budget Workshops; that the possibility of an outside vendor was brought up at the August 4, 2003, Regular Commission meeting by Commissioner Servian in the discussion concerning the lease for the restaurant at the BJGC; and asked the wishes of the Commission? Commissioner Atkins stated that a workshop concerning the BJGC should be scheduled. Mayor Palmer asked if all the issues mentioned should be discussed? Commissioner Atkins stated yes. Vice Mayor Martin stated that scheduling a discussion is of interest; however, information and analysis are required; that holding a workshop without the necessary information and analysis is not desired; that a presentation concerning available information would be beneficial; that identifying the questions would also be beneficial; however, the likelihood is the questions are already known; that more in-depth analysis is required; that otherwise, the benefit of a workshop is not perceived. Commissioner Atkins stated that the workshop will allow the Commission's expression of knowledge, information, and opinions sO Commission consensus can be reached as to a future direction; that no final decisions will be made; that a workshop will allow the consolidation of the various Commissioners thinking into one direction which can then be communicated to the Administration. Mayor Palmer stated that all the issues will be presented sO the Commission's consensus as to a direction concerning all the issues BOOK 54 Page 26026 08/08/03 2:00 P.M. BOOK 54 Page 26027 08/08/03 2:00 P.M. can be provided to the Administration in a formal fashion; however, additional information is necessary; that discussing the issues without information is difficult. City Manager McNees stated that Staff work will be required prior to the workshop; that the ideal review is to consider the highest and best uses if the City were to develop the BJGC once again; that Staff has work to do to prepare information concerning existing constraints, historical issues, past neighborhood issues, etc., for the Commission; that Staff will develop a presentation to walk the Commission through all the issues; that the Commission can discuss the various issues and make decisions as to a future direction. Mayor Palmer stated that the feeling was adequate Commission direction had not been provided Staff; however, the Administration can proceed if comfortable with the direction provided. Vice Mayor Martin stated that the suggested October 2003 timeframe seems short; that the timeframe should be realistic; and asked the time required by the Administration to develop the necessary information. Commissioner Servian stated that the November 2003 timeframe which is just prior to year end seems good; that no specific urgency exists; however, the City has certain needs, including affordable housing which has been identified as a Commission priority; that the opportunity to explore the possibility of developing affordable housing and a 30-acre park in East Sarasota as well as outside management should be taken. City Auditor and Clerk Robinson stated that consideration is being given to scheduling Commission workshops in October and November 2003; that the City Manager will be consulted to assure any selected date is convenient for Staff. Mayor Palmer stated that hearing the Commission's consensus, a workshop concerning the BJGC will be scheduled with information provided by the Administration. COMMISSIONER BILYEU: A. referred to the August 5, 2003, article in the Sarasota Herald-Tribune entitled "City OKs ordinance prohibiting antigay bias" distributed earlier in the meeting and stated that the Reporter, Lisa Rab, did not write the headline; that Ms. Rab wrote an anti-bias headline which was changed by the Editor; that Ms. Rab is doing a good job as the City's Reporter. B. quoted the August 8, 2003, editorial in the Sarasota Herald-Tribune entitled "A Guide to Inclusiveness: Anti-discrimination ordinance marks a promising new era" as follows: as City Commissioner Danny Bilyeu commented Monday [August 4, 2003], it [new City Ordinance No. 03-44621 does nothing to diminish bias against the rich, the poor, the homeless or the unfashionable Commissioner Bilyeu stated that the reference to the unfashionable is not recalled; however, for the record, all the Commissioners are fashionably dressed. VICE MAYOR MARTIN: A. stated that the willingness of the Commission to be progressive and activist concerning certain topics is impressive; that serving with his fellow Commissioners is an honor. B. stated that City Manager McNees is wished a safe journey on his vacation; that work will be left for his return. COMMISSIONER ATKINS: A. stated that the Sixth Annual Florida Brownfields Conference 2003 sponsored by the Tampa Bay Regional Planning Council will be attended from August 11 through 13, 2003; that the Commissioners can advise as to any pertinent information prior to his departure. B. stated that the fence at the Urbaculture site is still in the same position as previously reported; that concerns regarding the limitations imposed by the State statutory regulations for brownfields will be raised at the Brownfields Conference. City Manager McNees stated that installation of the fence is at the mercy of the rainy weather at the present time. BOOK 54 Page 26028 08/08/03 2:00 P.M. BOOK 54 Page 26029 08/08/03 2:00 P.M. MAYOR PALMER: A. stated that the August 7, 2003, memorandum from City Manager McNees and County Administrator James Ley to the City and County Commissions concerning cooperative efforts is one of the best initiatives in a long time; that the City and County are cooperating well on transportation signalization on Fruitville Road, the HOPE (Housing Opportunities for People Everywhere) VI grant effort, and the Brownfields Interlocal Agreement; that the expectation is to see more cooperation of this type between the City and County Administrations and the City and County Commissions. City Manager McNees stated the credit for the August 7, 2003, memorandum belongs to County Administrator Ley. Mayor Palmer stated that the August 7, 2003, memorandum was from both the City and the County Administrators and represents an impressive effort. B. stated that a couple of dates for the Brownfield Mitigation Meeting which will be held in Newtown have been considered; however, the meeting date has not yet been finalized; that the meeting should be held shortly. Commissioner Atkins stated that the dates should be discussed with him as the representative for the District; that some activities may be planned for the community which could conflict with the considered dates; that the dates should be discussed with someone in the community. City Manager McNees stated that the date of receipt of the scientific information is still uncertain; that Staff does not wish to finalize a date until the scientific information is received; that once the scientific information is received, a final date for the meeting will be scheduled. C. stated that a community meeting concerning the City's and the County's consideration of a possible expansion of the Enterprise Zone was held on August 7, 2003; that another meeting is scheduled for 7 p.m., September 4, 2003, at the Boys and Girls Club for any members of the public who may be interested. D. stated that a good vacation is anticipated; that the Commission will next assemble at the opening of the new John Ringling Causeway Bridge on August 30, 2003. 6. ADJOURN (AGENDA ITEM VI) CD 5:25 There being no further business, Mayor Palmer adjourned the Special meeting of the City Commission of August 8, 2003, at 5:25 p.m. Bh LOU ANN R. PALMER, MAYOR C ( es % € * BILLY EX ROBINSON, CITY AUDITOR AND CLERK BOOK 54 Page 26030 08/08/03 2:00 P.M.