MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF DECEMBER 15, 1997, AT 6:00 P.M. PRESENT: Mayor Gene Pillot, Vice Mayor Jerome Dupree, Commissioners Mollie Cardamone, David Merrill, and Nora Patterson, city Manager David Sollenberger, city Auditor and Clerk Billy Robinson, and City Attorney Richard Taylor ABSENT: None PRESIDING: Mayor Gene Pillot The meeting was called to order in accordance with Article III, Section 9(a) of the Charter of the City of Sarasota at 6:01 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. Mayor Pillot stated that the greater Sarasota community suffered a tremendous loss during Thanksgiving week; that the City has the opportunity to give thanks for the lives of two community leaders. 1. ADOPTION RE: MEMORIAL RESOLUTION NO. 98R-1034, RECOGNIZING THE PASSING OF ANDREW "SANDY" SANDEGREN, WHOSE IMMEASURABLE CONTRIBUTIONS TO THE COMMUNITY ARE APPRECIATED: ETC. #1 (0042) through (0184) Mayor Pillot stated that the active life of Andrew "Sandy" Sandegren came to a close on November 26, 1997, and read in its entirety Memorial Resolution No. 98R-1034, which detailed Mr. Sandegren's service in the U.S. Army during World War I, educational background including a degree in civil engineering from Northwestern University, retirement to Sarasota in 1953 after a career as a construction engineer, and service to the community as a charter member of the Field Club, Chairman of Sarasota County's first zoning commission, and member of the Sarasota Board of County Commissioners from 1972 to 1980. On motion of Commissioner Merrill and second of Vice Mayor Dupree, it was moved to adopt Memorial Resolution No. 98R-1034. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. Mayor Pillot stated that Sandy and Annamae Sandegren have been personal friends for many years; that he spoke with Mr. Sandegren shortly before going on vacation and returned to hear with sadness of his passing; that the community will always owe a debt of gratitude. for Mr. Sandegren's contributions to the City. BOOK 43 Page 15732 12/15/97 6:00 P.M. BOOK 43 Page 15733 12/15/97 6:00 P.M. Mayor Pillot presented Mr. Sandegren's daughter and son-in-law, Ann and Steven Judd, with a plaque of the memorial resolution. 2. ADOPTION RE: MEMORIAL RESOLUTION NO. 98R-1035, RECOGNIZING THE PASSING OF ROBERT PERKINS, WHOSE IMMEASURABLE CONTRIBUTIONS TO THE COMMUNITY ARE APPRECIATED: ETC. #1 (0192) through (0357) Mayor Pillot stated that the active life of Dr. Robert Perkins came to a close on November 25, 1997, and read in its entirety Memorial Resolution No. 98R-1035, which detailed Dr. Perkin's educational background including a Bachelor of Arts degree from Sioux Falls College, a Master of Arts from Columbia University, post-graduate work at the University of South Dakota, and three honorary doctorates, his move to Sarasota in 1971 from Sioux Falls, South Dakota, to become the first President of the Ringling School of Art and Design, and his service to the community as Executive Director of the Selby, Cordelia Lee Beattie, Sarasota County, Posey, and Paddock Charitable Foundations, Administrator and Secretary of the Goldsmith-Green Foundation, past District Governor of Rotary and past President of the Rotary Club of Sarasota, his many distinctive honors including the Spirit of Honor in the U.S. Army during the Korean War and the International Rotary Distinguished Service Award, and his musical background as Director-in-Chiet of the Norwegian Singers of America and past Minister of Music at the First Presbyterian Church of Sarasota. Mayor Pillot stated that the community received tremendous benefits from Dr. Perkin's leadership; that the funds which Dr. Perkins was responsible for distributing and his personal love for everyone will continue to have a fantastic impact on the community. On motion of Vice Mayor Dupree and second of Commissioner Cardamone, it was moved to adopt Memorial Resolution No. 98R-1035. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. Mayor Pillot presented Dr. Perkin's wife, Cheryl, his mother, Gladys, and daughter, Kimberly Perkins Rabell, with a plaque of the memorial resolution. 3. PRESENTATION RE: MAYOR'S CITATION RECOGNIZING THE CONTRIBUTIONS OF BART COTTEN TO THE INDIAN BEACH/SAPPHIRE SHORES ASSOCIATION AND THE CITY OF SARASOTA #1 (0395) through (0535) Mayor Pillot stated that Bart Cotton has resigned as President of the Indian Beach/Sapphire Shores Neighborhood Association, a position held for the past six years; and read in its entirety a Mayor's Citation summarizing Mr. Cotten's contributions to the neighborhood association, the membership of which has grown from approximately 250 to more than 550 families, including initiation of the neighborhood newsletter News & Views, the successful fund-raising campaign to beautify Sapphire Shores Park, expansion of the Indian Beach/Sapphire Shores annual picnic into a neighborhood institution, and community involvement including service on the Parks, Recreation, and Environmental Protection Advisory Board, the Charter Review Board, and Gateway 2000. Mayor Pillot presented Mr. Cotten with the Mayor's Citation framed on a plaque and extended, . on behalf of the City Commission and citizens in the community, an expression of appreciation and a sincere wish for continued success in his future endeavors. Mr. Cotten expressed appreciation to the Commission and the Administration for their assistance to the Indian Beach/Sapphire Shores Neighborhood Association and introduced his wife Mariana, and daughter, Alexandra. 4. PRESENTATION RE: MAYOR'S CITATION RECOGNIZING THE RESIGNATION OF LAWRENCE J. "LARRY" ROBINSON AFTER HAVING SERVED AS SPECIAL MASTER APPOINTED BY THE CITY COMMISSION TO ENFORCE THE CITY'S TECHNICAL CODES SINCE FEBRUARY 18, 1992 #1 (0552) through (0762) Mayor Pillot stated that six years ago, after recognizing the increasing complexity of the city's code violation process, the Commission decided to appoint a Special Master; that Lawrence Robinson, appointed on February 18, 1992, is resigning on December 31, 1997, after successfully resolving the 2,820 cases brought before him over the past six years. Timothy Litchet, Manager of Building, Zoning, and Code Enforcement, came before the Commission and stated that serving with Mr. Robinson has been a privilege and an honor; that Mr. Robinson professionalized the code enforcement process, training Staff to interact with citizens in the proper way; and expressed appreciation for Mr. Robinson's contributions. Mayor Pillot read in its entirety a Mayor' Citation which detailed Mr. Robinson's involvement in civic affairs including service as Past President of the United Way of Sarasota County, Past President of the Rotary Club of Sarasota Bay, Past President of the Rotary Club of Sarasota Bay Foundation, Hearing Officer for the Sarasota County School Board and the Manatee Memorial Hospital, appointment by the Governor of Florida to serve on the Sarasota County Local Government Study Commission, a Sarasota City Commissioner including terms as Vice Mayor and Acting Mayor, BOOK 43 Page 15734 12/15/97 6:00 P.M. BOOK 43 Page 15735 12/15/97 6:00 P.M. City Commissioner including terms as Vice Mayor and Acting Mayor, and membership on The Florida Bar for which he served on the Appellate Rules Committee, the Civil Procedure Rules Committee, the Sarasota County Bar Association, the Continuing Legal Education Committee, the Medical-Legal Committee, and as Chairman of the Ethics Committee, draftsman of the County Law Library Act, and participant in the Florida Supreme Court Advisory Committee on Appellate Rules. Mayor Pillot presented Mr. Robinson with the Mayor's Citation framed on a plaque and extended, on behalf of the City Commission and citizens in the community, an expression of appreciation and a sincere wish for continued success in his future endeavors. Mr. Robinson expressed appreciation to the Commission and the Administration for providing the opportunity to serve as Special Master; and stated that the experience has been unique and unforgettable and that every minute of working with Staff has been enjoyable. 5. PRESENTATION RE: TOPICS OF INTEREST AND CURRENT EVENTS OF PARTICULAR CONCERN TO THE RESIDENTS OF THE CITY OF SARASOTA POSTPONED TO THE JANUARY 19, 1998, REGULAR COMMISSION MEETING The city Commission recessed at 6:27 p.m. into the special session of the Community Redevelopment Agency and reconvened as the City Commission at 6:31 p.m. 6. CHANGES TO THE ORDERS OF THE DAY - APPROVED #1 (0791) through (0890) City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Add Consent Agenda No. 1, Item No. III A-5, Approval Re: Community Housing Corporations' (CHC's) request that the City of Sarasota provide a $40,000 CDBG loan to allow CHC to acquire and demolish a house located at 1646 7th Street, per the request of Housing and Community Development Director Hadsell B. Add Consent Agenda No. 1, Item No. III A-6, Approval Re: Advertised CDBG Amendment and authorize the Mayor and City Auditor and Clerk to execute the Loan Agreement between the City of Sarasota and Daniel Patrick Ball and Judith Ball, in the amount of $175,000, to acquire and renovate the properties located at 1364, 1370, and 1376 Fifth Way, per the request of Housing and Community Development Director Hadsell C. Add Scheduled Presentations, Item No. V-1, Presentation Re: Request for the City to purchase the building located at 1809 Dr. Martin Luther King, Jr. Way to house the Home Work Assistance Program currently housed in the Police Resource Center, with the permission of Vice Mayor Dupree D. Add Unfinished Business, Item No. VII-3, Approval RE: Authorize the Mayor and City Auditor and Clerk to execute the Settlement Agreement, Release, Discharge and Termination for settlement of the John Ringling Centre Foundation, Inc., (Foundation) V. C. Robert Buford (Buford V. City of Sarasota, Case No. 96-1611 pending in the United States District Court Middle District of Florida, Tampa Division, Case No. 96-1611-CIV--235, per the request of City Attorney Taylor E. Add Unfinished Business, Item No. VII-4, Discussion Re: Request for financial assistance from the Greater Newtown Community Redevelopment Corporation, per the request of City Manager Sollenberger F. Add New Business, Item No. VIII-6, Approval Re: Stormwater Drainage Capital Improvement Project Goldenrod Street and Hibiscus Street, with the permission of Commissioner Cardamone G. Add New Business, Item No. VIII-7, Discussion Re: Constitution Revision Issues, per the request of Commissioner Patterson On motion of Commissioner Cardamone and second of Vice Mayor Dupree, it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. $7 7. APPROVAL OF MINUTES RE: MINUTES OF THE JOINT SPECIAL CITY *. AND COUNTY COMMISSION MEETING OF NOVEMBER 10, 1997, SPECIAL MEETING OF NOVEMBER 24, 1997, AND REGULAR MEETING OF DECEMBER 1, 1997 = APPROVED (AGENDA ITEM I) #1 (0893) through (0912) Mayor Pillot asked if the Commission had any changes to the minutes. Mayor Pillot stated that hearing no changes, the minutes of the joint special City and County Commission meeting of November 10, 1997, the special meeting of November 24, 1997, and the regular meeting of December 1, 1997, are approved by unanimous consent. 8. BOARD ACTIONS: REPORT RE: CITIZENS WITH DISABILITIES ADVISORY BOARD'S REGULAR MEETING OF NOVEMBER 21, 1997 - RECEIVED REPORT; APPROVED: 1) USING AS MUCH OF THE $21,560 IN HANDICAPPED PARKING FINES MONIES AS NECESSARY AFTER THE BOOK 43 Page 15736 12/15/97 6:00 P.M. BOOK 43 Page 15737 12/15/97 6:00 P.M. RECEIVED REPORT; APPROVED: 1) USING AS MUCH OF THE $21,560 IN HANDICAPPED PARKING FINES MONIES AS NECESSARY AFTER THE FINAL MASTER LANDSCAPE PLAN HAS BEEN APPROVED, AND 2) PRESENTING TO THE ADVISORY BOARD THE SUGGESTION TO IMPROVE AND INCREASE HANDICAPPED ACCESS TO THE MAIN BUILDING AND ANNEX OF CITY HALL FROM SECOND STREET AND ELIMINATE THE PROPOSED RECONSTRUCTION OF THE HANDICAPPED RAMP ON FIRST STREET (AGENDA ITEM II) #1 (0912) through (1300) Donald Hadsell, Director of Housing and Community Development, came before the Commission. Mr. Hadsell presented the following items from the November 21, 1997, meeting of the Citizens With Disabilities Advisory Board: A. Handicapped ramps at City Hall Mr. Hadsell stated that the Advisory Board provided input regarding the recommended disability improvements included in the Master Landscape Plan for City Hall and recommended approval of $21,560 from Handicapped Parking Fines monies to fund the handicapped ramps/Sidewalks portion of the landscape renovations. Commissioner Patterson stated that a handicapped ramp was constructed on the First Street side of City Hall a few years ago; that the original Master Landscape Plan for City Hall was presented to the Commission previously and referred back for cost reductions; and requested clarification of the proposed use of Handicapped Parking Fines monies. Duane Mountain, Streets, Landscape Maintenance and Solid Waste Manager, came before the Commission, displayed on the overhead projector the Master Landscape Plan for City Hall, and stated that the landscape renovation project was presented to the Citizens With Disabilities Advisory Board for input regarding the proposed handicapped ramps/sidewalks; that the existing handicapped ramp, which barely meets the requirements of the Americans with Disabilities Act (ADA), accesses City Hall from First Street where three or four handicapped parking spaces exist; that the Advisory Board recommended a reduction in the grade of the rampi that the proposed resconstruction will reconfigure the straight ramp into a longer, curved sidewalk/ramp and include a seating or resting area. Commissioner Patterson asked if the grade of the existing ramp is considered too steep by the Citizens With Disabilities Advisory Board? Mr. Mountain stated yes; that the proposed sidewalk/ramp is longer and less steep; that the existing ramp on First Street is the only persons; that two handicapped sidewalks/ramps from Second Street and between the Annex and main building of City Hall are proposed in addition to reconstruction of the existing First Street ramp; that currently, the physically challenged can access the Annex only by using the existing handicapped ramp from First Street and traveling through City Hall to the Annex; that an existing ramp, currently used for loading and unloading, would be reconstructed to ADA requirements and handicapped parking spaces added to the one- hour parking area on the Second Street side of City Hall. Commissioner Cardamone asked the total number of proposed new handicapped parking spaces? Mr. Mountain stated that two handicapped parking spaces will be added to the existing parking lots on Second Street. Commissioner Cardamone stated that the existing handicapped parking spaces on First Street are rarely used and could be reduced in number if access to City Hall from Second Street is improved. Mr. Mountain stated that the Advisory Board indicated the proposed accesses to the main building and the Annex from Second Street would be more accommodating to the physically challenged. Commissioner Cardamone stated that parking on First Street is extremely restricted; that providing better access from Second Street may eliminate having to reconstruct the existing handicapped ramp on First Street; and asked if Commission support exists to return the suggestion to the Citizens With Disabilities Advisory Board? Mayor Pillot stated yes; that presenting the suggestion to the Advisory Board could be recommended as part of a motion. On motion of Commissioner Patterson and second of Commissioner Merrill, it was moved to approve: 1) using as much of the $21,560 in Handicapped Parking Fines monies as necessary after the final 3 Master Landscape Plan has been approved, and 2) presenting to the Citizens With Disabilities Advisory Board the suggestion to improve and increase handicapped access to the main building and Annex of City Hall from Second street and eliminate the proposed reconstruction of the handicapped ramp on First Street. Commissioner Cardamone asked if the motion to approve the $21,560 in Handicapped Parking Fines monies implies the amount is the maximum and should be reduced if the proposed renovations to the existing First Street handicapped ramp are eliminated from the final Master Landscape Plan? Commissioner Patterson stated yes. Commissioner Merrill stated that a seating or resting area could be included along the existing First Street access without reconstructing the entire ramp. BOOK 43 Page 15738 12/15/97 6:00 P.M. BOOK 43 Page 15739 12/15/97 6:00 P.M. Commissioner Merrill stated that a seating or resting area could be included along the existing First Street access without reconstructing the entire ramp. Commissioner Patterson stated that the total cost of the Master Landscape Plan for City Hall is a concerni that the funds may be better used to beautify other Downtown locations as City Hall is already attractively landscaped. Mayor Pillot called for a vote on the motion. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. On motion of Commissioner Cardamone and second of Vice Mayor Dupree, it was moved to receive the Board report of the Citizens With Disabilities Advisory Board meeting of November 21, 1997. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 9. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 3, 4, 5 AND 6 - APPROVED (AGENDA ITEM III-A) #1 (1301) through (2245) Commissioner Merrill requested that Item Nos. 5 and 6 be removed for discussion. 1. Approval Re: Set for public hearing proposed Ordinance No. 97-4022, amending Chapter 2, Sarasota City Code, relating to nuisance abatement; setting a maximum amount for the imposition of civil fines; allowing for the recovery of reasonable attorney fees; clarifying the jurisdiction of the Nuisance Abatement Board; providing for the severability of the parts hereof; repealing ordinances in conflict; etc. 2. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Interlocal Agreement between the City of Sarasota and the Housing Authority of the City of Sarasota, to provide the city of Sarasota with $168,300, ($7,012.50 monthly for 24 consecutive months), with the City agreeing to provide four Police Officers to be assigned full-time, during the terms of this Agreement, to Police substations located within public housing facilities in the City 3. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the 1997 Community Development Block Grant Subrecipient Agreement between the City of Sarasota and Sarasota County, in the amount of $11,250, for basketball court lights located in Pioneer, Orange and Gillespie Parks for thé construction of City wide traffic calming speed humps, striping and signage, on an "as needed" basis for a one year period On motion of Commissioner Cardamone and second of Vice Mayor Dupree, it was moved to approve Consent Agenda No. 1, Item Nos. 1 through 4, inclusive. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 5. Approval Re: Community Housing Corporation's (CHC's) request that the City of Sarasota provide a $40,000 CDBG loan to allow CHC to acquire and demolish a house located at 1646 7th Street Commissioner Merrill requested clarifiçation of the evaluation process used to determine how Community Development Block Grant (CDBG) funds are distributed. Donald Hadsell, Director of Housing and Community Development, came before the Commission and stated that the $40,000 loan was granted at the request of the Community Housing Corporation (CHC) with which the city has an ongoing public/private partnership; that the CHC has implemented improvement projects in Gillespie Park for the past six years, had the opportunity to acquire a property with numerous code violations, and will demolish the existing structure and construct two new homes; that other non-profit organizations including Habitat for Humanity and the Hispanic American Alliance have received assistance from the City. Commissioner Merrill asked if other proposals competing for the $40,000 in CDBG funds were rejected by the City? Mr. Hadsell stated no. Commissioner Merrill asked if a shortage of low-income housing proposals exists? Mr. Hadsell stated no; that the Department of Housing and Community Development is publicizing newly available funds from the Share Housing Initiative Partnership (SHIP); that three applicants, one in Venice, one in unincorporated Sarasota County, and one in the city, have presented proposals for SHIP funds; that CDBG funds have been used exclusively by the CHC through an agreement supported by the Commission in the past. Commissioner Merrill asked if all CDBG funds are used exclusively by the CHC? Mr. Hadsell stated that although not specifically allocated or restricted to the CHC, CDBG funds have been used exclusively by CHC. BOOK 43 Page 15740 12/15/97 6:00 P.M. BOOK 43 Page 15741 12/15/97 6:00 P.M. Commissioner Merrill asked if all CDBG funds are used exclusively by the CHC? Mr. Hadsell stated that although not specifically allocated or restricted to the CHC, CDBG funds have been used exclusively by CHC. Commissioner Merrill asked if applications from other non-profit organizations are excluded? Mr. Hadsell stated no. On motion of Commissioner Merrill and second of Commissioner Cardamone, it was moved to approve Consent Agenda No. 1, Item No. 5. Commissioner Merrill stated that a list of alternative projects for which CDBG funds could be allocated should be presented to the Commission; that inadequate marketing of public funds available for housing redevelopment is a concern; that although the proposed projects by CHC may be excellent, the continued, exclusive use of CDBG funds by a single applicant is a concern; that other groups should be made aware that $40,000 to develop low-income housing projects is available; that the next time CDBG funds become available, several different proposals and a recommendation for selecting one should be presented. Commissioner Patterson asked if the $40,000 is provided through SHIP funds? Mr. Hadsell stated no; that the $40,000 has been allocated from CDBG funds under the Affordable Housing Program for the construction of new homes. Commissioner Patterson stated that for several years, CDBG funds were made available to City property owners with code violations issued by the Code Enforcement Department in an effort to upgrade the housing stock in the City; that many code violators lacked the private funds to make the renovations required to comply with the City's codes; that the Department of Housing and Community Development accepts applications from property owners for CDBG funds only once a year and does not coordinate the allocation of those funds with the Code Enforcement Department; that a mechanism should be developed by the Administration to assist city property owners required to comply with code violations; that people should be made aware of the availability of CDBG funds through the Department of Housing and Community Development. Mr. Hadsell stated that the City is required by State law to allocate CDBG funds on a first-come, first-served basis; that applications are accepted once a year. Commissioner Patterson stated that the Administration should study the possible benefits of accepting applications once a month; that constituents have been informed that under City policy, CDBG funds are provided to lower-income residents to improve the housing stock only to discover that adherence to the existing policy does not exist. Commissioner Cardamone asked the procedure for making the CDBG funds available? Mr. Hadsell stated that many code violators do not qualify for assistance; that. a property owner will not receive assistance if the house has deteriorated beyond allowable parameters; that continuances are often granted to property owners by the Code Enforcement Department until assistance from the Department of Housing and Community Development becomes available. Commissioner Patterson stated that a property owner could be required to wait eleven months for CDBG funds if applications are taken only once a year. Mr. Hadsell stated that each year, the City determines the amount of CDBG funds available for distribution and estimates the number of cases which can be funded by that amount; that applications are accepted until that number is met; that this year, the CDBG funds were advertised a second time as the available funds exceeded the number of applications. Commissioner Patterson stated that the issue should be agendaed at a future regular Commission meeting for disçussion. Mayor Pillot requested clarification of CDBG and SHIP funds. Mr. Hadsell stated that the Community Development Block Grant (CDBG) is a Federal grant received by the City on an annual basis to assist the housing needs of lower-income individuals or families or to eliminate slums and/or blight; that the Share Housing Initiative Partnership (SHIP) is a State housing program received by Sarasota County on behalf of the City; that SHIP funds are pooled and allocated on a first-come, first-served basis to assist housing needs in Sarasota County. Vice Mayor Dupree asked how the City determines a structure has deteriorated to the extent that CDBG funds will not be allocated for rehabilitation. Mr. Hadsell stated that two limits have been established beyond which CDBG funds will not be allocated: 1) three times the current value of the home, or 2) an amount no more than 120 percent of the assessed value after rehabilitation; that a CDBG loan of up to $30,000 can be provided on a structure valued at no more than $10,000 by the Property Tax Appraiser. BOOK 43 Page 15742 12/15/97 6:00 P.M. BOOK 43 Page 15743 12/15/97 6:00 P.M. Mayor Pillot called for a vote on the motion to approve Consent Agenda No. 1, Item No. 5. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 6. Approval Re: Advertised CDBG Amendment and authorize the Mayor and City Auditor and Clerk to execute the Loan Agreement between the City of Sarasota and Daniel Patrick Ball and Judith Ball, in the amount of $175,000 to acquire and renovate the properties located at 1364, 1370, and 1376 Fifth Way Commissioner Merrill asked if the loan agreement between the City and Mr. and Mrs. Ball is the best use of CDBG funds? Mr. Hadsell stated yes; that the Rosemary District Advisory Board has identified properties which should be renovated; that twice as much in public funds would be expended if the city purchased the property located at 1364, 1370, and 1376 Fifth Wayi that lending CDBG funds to private sector interests will retain the property on the tax rolls, eliminate undesirable uses, and result in rehabilitation of the property. On motion of Commissioner Merrill and second of Commissioner Cardamone, it was moved to approve Consent Agenda No. 1, Item No. 6. Commissioner Merrill stated that he met with Mr. Ball, the petitioner; that the loan agreement between the City and the petitioner would have appeared questionable if executed in the private sector; that allocation of public funds should be determined through a competitive process; that the presentation of four or five alternate proposals for the use of the $175,000 in CDBG funds would provide the opportunity to choose a project based on merit; that publicizing the availability of public funds and encouraging people to submit applications will ensure the opportunity to choose the best of many competing projects. Mr. Hadsell stated that a publicly advertised, competitive process is conducted annually; that submittals are competitively judged and approved by the Commission; that the loan agreement between the City and the petitioner to provide $175,000 in CDBG funds to acquire and renovate the properties located at 1364, 1370, and 1376 Fifth Way was developed on the basis of a recommendation by the Rosemary District Redevelopment Advisory Board; that other project proposals in the Central Avenue area were not evaluated as appropriate competitors for CDBG funds; that the - opportunity to remedy an inappropriate use has been provided. Commissioner Merrill stated that different developers should be provided the opportunity to present a proposal even when a specific goal has been targeted; that the loan agreement is extremely favorable to the recipient; that public funds should be distributed with prudence. Commissioner Patterson agreed. Commissioner Cardamone stated that although the proposed policy is understood, presenting alternatives to a project recommended by an individual with a sound proposal is not always possible; that the Rosemary District Redevelopment Advisory Board may not be reviewing alternate projects; that a policy which could delay sound projects in the hope of receiving alternate proposals is a concern; that although the presentation of competitive proposals is preferred, the existence of one proposal is not perceived as a problem. Commissioner Patterson stated that the general public is unaware of both the availability of public funds and the opportunity to qualify for those funds by presenting proposals to the City; that the loan agreement with the petitioner is supported; however, competing proposals are never presented; that proposals for the use of public funds are always presented one at a time to the Commission. Commissioner Cardamone stated that extremely large advertisements are run in the newspaper by the City; that the public is made aware of the availability of funds; that the availability of CDBG or SHIP funds is not a surprise to anyone living or working in a redevelopment area; and asked if the city runs large advertisements emblazoned with the City logo and in which redevelopment funds are specified and the qualification requirements explained? Mr. Hadsell stated that is correct. Commissioner Merrill stated that the Administration has been directed to conduct appraisals of any property proposed for purchase by the City; that most people reading goverment-sponsored advertisements assume the public funds will be presented to individuals well-connected to city Hall and that members of the general public have little or no opportunity to access those funds; that - proposals should not be accepted exclusively from people who are "regulars" at City Hall; that two or three proposals should be submitted for each project; that Staff should take a pro-active stance to seek alternate proposals if a sufficient number of applications are not submitted; that the perception exists that proposals presented by people close to Staff or elected leaders receive the highest priority; that such a reputation should be avoided. Commissioner Merrill continued that the City should not pay more than the appraised value of a property or sell for less than the appraised value; that no policy exists to ensure the negotiated deals submitted for Commission approval are good deals; that the Administration is relied upon to present good deals; that some BOOK 43 Page 15744 12/15/97 6:00 P.M. BOOK 43 Page 15745 12/15/97 6:00 P.M. cases have been questionable in the past; that the City has overpaid for some properties; that $50,000 was paid for a liquor license which is worth nothing; that competing proposals should be presented for public funds and projects; that errors of judgment could be eliminated if several proposals are competing for the funds. Vice Mayor Dupree stated that policies for the allocation of public funds should be established; that the necessity at each meeting to request clarification of Administration recommendations could be eliminated if policies understood by the Commission are established. Mr. Hadsell stated that economic development deals are usually tailored on an individual basis; that the CDBG funds for redevelopment projects in the Rosemary District have been available for a year and a half; that the public was apprised of the funds through discussions at Rosemary District Redevelopment Advisory Board meetings and advertisements in the Sarasota Herald-Tribune; that Staff evaluates the feasibility of all proposals which are reviewed on a first-come, first-served basis; that every feasible proposal has been presented to the Commission. Commissioner Cardamone stated that projects which are not feasible are not presented to the Commission. Mr. Hadsell stated that a proposal by someone lacking clear title to a property is not presented. Commissioner Cardamone stated that bringing inappropriate proposals to the Commission will provide the public the opportunity to see which projects are rejected and may result in the overall conclusion that the interests of the public are best served by presentation only of feasible projects. Commissioner Merrill stated that a list of projects declined by Staff should be provided. Mayor Pillot stated that he has had no contact with Mr. Ball and has received no information except through the proper channels of the Administration; that although the recent purchase by the City of an establishment on Central Avenue with a non-transferable liquor license has been less than satisfactory, he is convinced the fault rests with the State of Florida Business and Professional Regulations Department, Alcohol, Beverages, and Tobacco Division; that every effort was made by Staff to receive assurance from the State regarding the transferability of the license; that the city was assured the license, valued at approximately $50,000, could be sold to recover the purchase cost of the establishment; that the information provided by the State was incorrect. Commissioner Cardamone stated that the mistake regarding the liquor license has been the subject of widespread discussion; that although the information provided to the city was incorrect, the name of the State employee who provided the information was not noted nor was any assurance from the State requested in writing to confirm the assumed $50,000 potential sale price of the liquor license; that the City is expected to learn from the error; however, the learning experience has been expensive; that the State should accept an obligation to correct the error; that hopefully, Staff and the City Attorney's Office will seek at least a written apology if not reimbursement for the error. Commissioner Patterson stated that part of the discussion at the Commission table focused on the assumption that the subject liquor license was the type issued to restaurants; that the City Attorney's Office could have been requested to determine if a restaurant liquor license is transferable; that an accurate legal interpretation would have nullified the City's assumption; that a Staff member newly hired who makes an error should not be faulted; however, the State employee should also be exempted from fault; that reimbursement from the State should not be expected. Mayor Pillot called for a vote on the motion to approve Consent Agenda No. 1, Item No. 6. Motion carried unanimously (5 'to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 10. CONSENT AGENDA NO. 2: ITEM 1 (ORDINANCE NO. 97-4024) ADOPTED (AGENDA ITEM III-B) #1 (2247) through (2288) Vice Mayor Dupree requested that Item No. 1 be removed for discussion. Vice Mayor Dupree requested clarification of the language in proposed Ordinance No. 97-4024. City Attorney Taylor stated that proposed Ordinance Nos. 97-4019 and 97-4024 relating to noise regulations were addressed at the December 8, 1997, special Commission meeting; that proposed Ordinance No. 97-4019 amends the Zoning Code and proposed Ordinance No. 97-4024 amends the Sarasota city Code; that a more involved and lengthy process is required to adopt amendments to the Zoning Code than those relating to the Sarasota City Code. City Attorney Taylor continued that proposed Ordinance 97-4024 has been revised with strike-outs, indicating deletions, and underlines, indicating new material adopted into the Sarasota City Code such definitions of holidays and references to emergency signaling devices. BOOK 43 Page 15746 12/15/97 6:00 P.M. BOOK 43 Page 15747 12/15/97 6:00 P.M. Vice Mayor Dupree requested clarification of the deletion of language regarding the prohibition of amplified music not within a completely enclosed structure in the Commercial, Central Business District (C-CBD) Zone District. City Attorney Taylor stated that many of the deletions in proposed Ordinance No. 97-4024 are of regulations moved from the Sarasota City Code to the Zoning Code through proposed Ordinance No. 97-4019 which addresses specific zone districts. Mark Singer, City Attorney's Office, came before the Commission and stated that every one of the definitions and prohibitions deleted from proposed Ordinance No. 97-4024 will be adopted as amendments to the Zoning Code. City Auditor and Clerk Robinson read proposed Ordinance No. 97-4024 by title only. 1. Adoption Re: Second reading of proposed Ordinance No. 97-4024, amending Chapter 20, Sarasota City Code; deleting the prohibition of amplified music not within a completely enclosed structure in the C-CBD Zoning District during certain hours; deleting the maximum permissible sound level in the C-CBD Zoning District; deleting certain definition pertaining to amplified music and sound level measurements; changing the definition of noise-sensitive area; deleting mandatory penalties for a subsequent violation of this chapter; adding the definition for holiday; repealing ordinances in conflict; providing for the severability of parts hereof; etc. (Title Only) On motion of Vice Mayor Dupree and second of Commissioner Merrill, it was moved to adopt Consent Agenda No. 2, Item No. 1. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Merrill, yes; Patterson, yes; Pillot, yes Cardamone, yes; Dupree, yes. Mayor Pillot requested City Auditor and Clerk Robinson to explain the public hearing process. city Auditor and Clerk Robinson stated that at this time petitioners have 15 minutes to address the Commission and 5 minutes for rebuttal; that any citizen who has signed up to speak has 5 minutes. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by city Auditor and Clerk Robinson. 11. PUBLIC HEARING RE: PROPOSED RESOLUTION NO. 98R-1030, AUTHORIZING THE CITY OF MEXICO BEACH, FLORIDA, TO OPERATE WITHIN THE BOUNDARIES OF THE CITY OF SARASOTA; AUTHORIZING THE EXECUTION AND DELIVERY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF MEXICO. BEACH, FLORIDA, WITH RESPECT TO THE ISSUANCE OF REVENUE BONDS OF THE CITY OF MEXICO BEACH TO FINANCE A CAPITAL PROJECT WITHIN THE CITY LIMITS OF THE CITY OF SARASOTA FOR HERITAGE CARE OF SARASOTA, INC.; AND GRANTING APPROVALS OF SUCH REVENUE BONDS PURSUANT TO SECTION 147(F) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED; ETC. (TITLE ONLY) - ADOPTED (AGENDA ITEM IV-1) #1 (2589) through #2 (0330) Gibson Mitchell, Director of Finance, Duane Draper, Law Firm of Bryant, Miller, and Olive, P.A., bond counsel to the City of Sarasota, Patricia Lott, Law Firm of Miller, Canfield, Paddock and Stone, bond counsel to the City of Mexico Beach, and Phyllis Cobb, Director of Development for Heritage Care of Sarasota, Inc., (Heritage Care), came before the Commission. Mr. Mitchell stated that the. Commission has been requested to hold a Tax Equity and Fiscal Responsibility Act (TEFRA) hearing to consider the proposal by the City of Mexico Beach to issue revenue bonds designated "City of Mexico Beach, Florida Public Service Facilities Revenue Bonds (Multi-Jurisdictional Non-Profit Series - Heritage House of Florida Project)," not to exceed $17,000,000. Attorney Draper stated that the Commission is requested to approve the form and authorize the execution of an interlocal agreement conferring on the City of Mexico Beach the authority to issue bonds on behalf of a Florida non-profit corporation located within the City of Sarasota; that the proceeds of the bonds which will be loaned to Heritage Care of Sarasota, Inc., the non-profit entity, will be used to acquire and/or construct a health-care facility within the City of Sarasota limits to provide Alzheimer's services; that the interlocal agreement makes a statutorily required finding that such a capital project and the financing thereof are appropriate to the needs of the community and serve the public purpose by advancing the public health within the geographical boundaries of the City of Sarasota and makes certain other statutorily required findings regarding the impact of the project on the City's infrastructure; that the interlocal agreement states that the City of Sarasota will incur no financial liability regarding the payment of principal and interest on the. bonds and contains indemnification language more than adequate to protect the City of Sarasota; that the City of Sarasota will not be required to pay any expenses relating to the transaction; that the city of Mexico Beach is required to state, in the official statement distributed when the bond issue is marketed, that the bond owners may not seek payment of principal and/or interest on the bonds from the City of Sarasota. BOOK 43 Page 15748 12/15/97 6:00 P.M. BOOK 43 Page 15749 12/15/97 6:00 P.M. Attorney Draper continued that Commission approval of the bond issue is required as a condition of the Federal subsidy known as Tax Exempt Financing; that proposed Resolution No. 98R-1030 states the principal and interest on the bonds will be paid solely by the city of Mexico Beach from monies derived from the non-profit entity; that adoption of the resolution and execution of the interlocal agreement will allow the transaction to close by the end of the year. Mr. Mitchell stated that the words "and obligation" have been deleted from Section 2 of Resolution No. 98R-1030; that the third line previously read ". ..the Local Agency (City of Sarasota) retains and reserves its right and obligation to require reasonable reporting... ."; that the revised text reads: '.. .the Local Agency retains and reserves its right to require reasonable reporting. - Attorney Lott stated that the Law Firm of Miller; Canfield, Paddock and Stone serves as counsel to the City of Mexico Beach which has undertaken a program to issue bonds to finance loans to non-profit corporations as defined in Chapter 159, Florida Statues; that the City of Mexico Beach was approached by Heritage Care of Sarasota, Inc., to issue bonds for a project located in the City of Sarasota; that the original of the affidavit of publication is presented to the City Auditor and Clerk for the record; that the notice of public hearing, published in the Sarasota Herald-Tribune on December 1, 1997, indicates the proceeds of the bonds will be used to refinance debts accrued by the acquisition of the old Doctor's Hospital located at 2750 Bahia Vista Street at which an Alzheimer's care facility will be developed; that the bonds were validated by the Circuit Court for the 11th Judicial Circuit of Florida in and for Bay County on November 26, 1997; that the interlocal agreement specifies the City of Sarasota has no obligation relating to the program, the facility, or the 1997 series bonds. Attorney Lott continued that approval of the interlocal agreement does not constitute endorsement of the bonds, the purchasers, the facility, or the creditworthiness of the corporation; that the preliminary official statement contains the financial and market feasibility studies confirming the project would serve a needed purpose and that the borrower would be able to fulfill the loan agreement obligations; that Heritagè Care of Sarasota, Inc., a 501(c)3 corporation will be the principal owner and user of the project. Ms. Cobb stated that Heritage Care of Sarasota, Inc., will totally renovate the old Doctor's Hospital building as a 150-bed, Alzheimer's assisted living facility, the first in the City; that the services will include counseling, evaluation, and day, respite, and night care; that Heritage Care will participate in research and. teaching programs with the University of South Florida; that the health caré of the community will be advanced; that the City's existing sewer and water infrastructure will not be impacted. Commissioner Merrill stated that the Commission is not required to determine if Heritage Care of Sarasota, Inc., is financially solid but if a need exists for an Alzheimer's facility in the City; and asked if a report confirming the' need for such a facility has been presented to the Commission? Mr. Mitchell stated that an analysis is included in the market study provided to the City Auditor and Clerk. Commissioner Merrill asked if Staff is satisfied that a need exists? Mr. Mitchell stated yes. Commissioner Merrill asked why the City of Sarasota does not issue conduit bonds? Mr. Mitchell stated that the Commission directed the Administration in August 1996 to refrain from encouraging conduit financing. Commissioner Merrill asked why the City of Mexico Beach, located in the Florida Panhandle, is issuing bonds? Attorney Lott stated that the City of Mexico Beach has discovered a need for Statewide financing for non-profit projects; that the City of Gulf Breeze, a suburb of Pensacola, has issued four series of pool bond issues totaling approximately $750 million since 1985 and has financed an extremely successful financing program for municipalities throughout the State; that the same program has been implemented by the City of Mexico Beach; that Heritage Care of Sarasota, Inc., which intends to develop Alzheimer's facilities throughout the State, requested the City of Mexico Beach release the bond issue; that two or three different non-profit corporations have already approached the City of Mexico Beach to finance 501(c)3 facilities. Commissioner Merrill asked if the taxpayers of the City of Mexico Beach are subjected to millions of dollars in risk? Attorney Lott stated that the taxpayers of the City of Mexico Beach are not at risk; that the bonds are obligations only to the non-profit corporations; that many public facilities are financed with tax-exempt bonds issued by cities and counties meeting a public need. Commissioner Merrill asked if the cities and counties are issuing bonds for facilities located in other communities? BOOK 43 Page 15750 12/15/97 6:00 P.M. -I BOOK 43 Page 15751 12/15/97 6:00 P.M. Attorney Lott stated yes; that pool bond issues which specialize in financing facilities in different areas exist throughout the State. Mr. Mitchell stated that the City of Gulf Breeze has financed projects from Pensacola to Miami. Attorney Lott stated that the City of Orlando has a pool bond issue called the Sunshine Pool. Commissioner Merrill asked if fees are generated by the cities? Attorney Lott stated yes; that the fees reimburse the cities for administrative and overhead costs attributable to the bond issues; that fees charged by financial professionals generate income to the benefit of the community. Commissioner Merrill stated that, i.e., the fees charged by the bond counsel from the City of Mexico Beach will circulate in that cityi and asked the amount charged by the City of Mexico Beach for facilitating the $17 million bond issue? Attorney Lott stated that the actual expected total is $12,305,000; that the city of Mexico Beach anticipates a fee of approximately $25,000 from which all expenses are deducted; that bond counsel and underwriters' fees are separate; that all professionals involved in the transaction charge separate fees. Vice Mayor Dupree asked if Heritage Care of Sarasota, Inc., has the risk? Attorney Lott stated yes; that the bonds are also secured by a mortgage on the facility. Commissioner Cardamone asked if the proposed facility will be a public facility caring for people with financial needs? Ms. Cobb stated that a fund assisting people with financial needs has been set aside; that although the Alzheimer's facility is a private, non-profit corporation, the rate is within the lower, competitive pricing range. Commissioner Cardamone asked if the old Doctor's Hospital will be removed from the City of Sarasota's tax rolls? Mr. Mitchell stated that the old Doctor's Hospital property will be removed from the tax rolls. in the future; however, at this time, the property is still on the tax rolls. Commissioner Cardamone asked the amount of the estimated tax base? Mr. Mitchell stated that the land is assessed at $1,315,000; that the buildings are currently assessed at zero value. Attorney Lott stated that the acquisition of the property by the 501(c)3 corporation has already occurred; that ownership will not be changed by approval of the bond issue; that an initial indigency fund will be established with the proceeds of the bonds and every effort possible made to keep in place residents admitted to the facility who may lose the ability to pay for services; that the Internal Revenue Service (IRS) will not provide the 501(c)3 designation unless a charitable and educational purpose is proven; that Heritage Care of Sarasota, Inc., will specialize in treatment of a disease affecting a substantial portion of the population. Commissioner Merrill asked if payment of the interest and principle on the bonds is guaranteed by Heritage Care of Sarasota, Inc.? Mr. Mitchell stated that is correct; that the bond issue is similar to the conduit bonds issued by the City of Sarasota for the Ringling School of Art and Design. Commissioner Merrill asked if Federal or State taxpayers' monies are at risk? Mr. Mitchell stated that a provision of the Federal law will be used to issue the bonds. Attorney Draper stated that no risk will accrue to the taxpayers of the Cities of Sarasota or Mexico Beach; that the risk will be assumed as a general obligation of the 501(c)3 corporation; that approval will make available tax-exempt interest financing provided by the Federal government not only to non-profit institutions but cities and counties as well. Mayor Pillot opened the public hearing. There was no one signed up to speak and Mayor Pillot closed the public hearing. City Manager Sollenberger stated that the Administration recommends adopting proposed Resolution No. 98R-1030 if the Commission finds the proposed Alzheimer's project an appropriate use and with the deletion of the words "and obligation" in Section 2 of the interlocal agreement. Commissioner Merrill asked if the Administration supports the proposed facility? City Manager Sollenberger stated yes. City Auditor and Clerk Robinson read proposed Resolution No. 98R-1030 by title only. BOOK 43 Page 15752 12/15/97 6:00 P.M. BOOK 43 Page 15753 12/15/97 6:00 P.M. On motion of Vice Mayor Dupree and second of Commissioner Merrill, it was moved to adopt proposed Resolution No. 98R-1030. Commissioner Patterson stated that material should be presented to the Commission verifying that a need for the facility requesting the bond issue actually exists when requests for conduit financing are presented again. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0) : Patterson, yes; Pillot, yes; Cardamone, yes Dupree, yes; Merrill, yes. Mayor Pillot stated that many children are present in the audience; and asked City Auditor and Clerk Robinson if the Commission could proceed to Unfinished Business, discussion regarding Gulf Coast World of Science proposed Selby Library Building lease under Agenda Item VII-1? City Auditor and Clerk Robinson stated that the Commission is required to finish the public hearings. 12. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 97-4023, AMENDING CHAPTER 2, ADMINISTRATION. ARTICLE V, BOARDS, COMMISSIONS AND COMMITTEES, DIVISION 3, PERFORMING ARTS HALL COMMITTEE BY CLARIFYING THE PURPOSE FOR SAID COMMITTEE AND SETTING FORTH THE PROCEDURE FOR APPOINTMENT TO SAID COMMITTEE: PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF IF DECLARED INVALID; REPEALING ORDINANCES IN CONFLICT; ETC. (TITLE ONLY) = PASSED ON FIRST READING, CHANGED THE NAME OF THE VWPAH COMMITTEE TO THE VWPAH BOARD, AND AGREED TO SEND A LETTER FROM THE COMMISSION SIGNED BY THE MAYOR EXPRESSING APPRECIATION TO THE VWPAH BOARD (AGENDA ITEM IV-2) #2 (0333) through (0655) city Manager Sollenberger stated that proposed Ordinance No. 97-4023 has been revised as requested by the Commission at the December 1, 1997, regular Commission meeting and outlined in the December 3, 1997, memorandum from Michael Connolly, City Attorney's Office. Harvey Rothenberg, Chairman, Van Wezel Performing Arts Hall (VWPAH) Committee, came before the Commission and stated that the original language in proposed Ordinance No. 97-4023 providing the Committee authority to advise the Commission on the selection of Committee members has been deleted; that the need to conduct orientation and education of new members during public. meetings to fulfill the Sunshine Law was discussed; that past members are not regulated under the Sunshine Law and can conduct orientations not necessarily limited to public sessions. Mr. Rothenberg continued that he has been involved in State, Federal, and municipal government service; that the Sunshine Law regulations relating to advisory committees is restrictive and counterproductive; that the law is meant to regulate potential actions - of dishonest people who can find a way to avoid the Sunshine Law; that the requirement to conduct orientation of advisory board members in the Sunshine has never before been encountered in 30 years of government service. Mayor Pillot opened the public hearing. There was no one signed up to speak and Mayor Pillot closed the public hearing. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 97-4023, on first reading. City Auditor and Clerk Robinson read proposed Ordinance No. 97-4023 by title only. On motion of Commissioner Patterson and second of Commissioner Merrill, it was moved to pass proposed Ordinance No. 97-4023, on first reading and send a letter expressing appreciation from the Commission signed by the Mayor for the constructive efforts of the VWPAH Advisory Committee. Commissioner Cardamone stated that the name of the VWPAH Committee should be changed to VWPAH "Board" consistent with the City's other advisory groups; that the following language in Sec. 2-282 is inconsistent with the Charter of the city of Sarasota: "The VWPAH Committee shall consist of six persons, all of whom shall be residents, of Sarasota County, and at least four of whom shall be residents of the City.' Commissioner Cardamone stated that the language should be revised to state that preference shall be given to City residents. Mr. Rothenberg stated that Sarasota County has agreed to contribute $3.5 million towards the cost of renovating the VWPAH and deserves representation on the VWPAH Committee; that although changing the name of the Committee for consistency with other advisory boards is not a significant concern, a difference exists between other groups and the VWPAH Committee which oversees a profit center attracting people into the City in a way unmatched by any other facility. Commissioner Cardamone stated that other advisory boards have equal stature; that the term "Board" exudes a more important connotation than "Committee" and is consistent with the Charter. BOOK 43 Page 15754 12/15/97 6:00 P.M. BOOK 43 Page 15755 12/15/97 6:00 P.M. Mayor Pillot asked if the other members of the VWPAH Committee should be consulted prior to the name change? Mr. Rothenberg stated no; that the name change is acceptable. Mayor Pillot asked if the maker and seconder agree to include in the motion changing the name of the "VWPAH Committee" to the "VWPAH Board"? Commissioners Patterson and Merrill agreed. Commissioner Cardamone stated that the motion should also include direction to revise the ordinance to give preference to City residents when new members are appointed. Commissioner Patterson stated that City residents are almost always given preference. Commissioner Cardamone stated that the existing language in the proposed ordinance, specifying that four of the members of the Committee shall be residents of the City, is not consistent with the Charter. Mayor Pillot stated that the Sarasota Board of County Commissioners has committed a significant amount of funds to renovate the VWPAH; that the majority of patrons live outside the City; that allowing appointment of two County residents to the Board will endorse the County's financial participation and recognize the right of representation by one or more County residents on the VWPAH Board. Mr. Rothenberg stated that 80 percent of the patrons live outside the City; that the County should be encouraged to continue their financial participation. Commissioner Cardamone stated that the City assumes the risk and ownership of the VWPAH which has broad public support even beyond Sarasota County; that City residents are members of the County also; that restricting the number of City residents on the Committee is a concern. Commissioner Patterson stated that the number of City residents will not be restricted by the proposed ordinance. City Attorney Taylor stated that proposed Ordinance No. 97-4023 is not inconsistent with the Charter; that the Commission must give preference to City residents if the Charter so indicates; that the proposed ordinance indicates only that four City residents must be appointed to the Committee; that appointment of County residents is not mandated. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote to pass proposed Ordinance No. 97-4023, on first reading, change the name of the VWPAH Committee to the VWPAH Board, and send a letter from the Commission signed by the Mayor expressing appreciation for the constructive efforts of the VWPAH Board. Motion carried unanimously (5 to 0): Pillot, yes; Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes. 13. SECOND PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 98-4030, AMENDING THE ZONING CODE BY SETTING FORTH REGULATIONS PERTAINING TO COMMERCIAL WIRELESS TELECOMMUNICATION FACILITIES, INCLUDING TOWERS AND ANTENNAS; SETTING FORTH FINDING AS TO INTENT AND PURPOSE; PROVIDING DEFINITIONS: REGULATING THE LOCATION OF COMMERCIAL WIRELESS FELPCOMAUNICATION FACILITIES, INCLUDING TOWERS AND ANTENNAS AS PERMITTED USES: ACCESSORY USES, CONDITIONAL USES OR PROHIBITED USES IN ZONE DISTRICTS; SETTING FORTH PROCEDURES FOR THE PROCESSING OF CONDITIONAL USES; PROVIDING FOR THE EXPIRATION AND REVOCATION OF CONDITIONAL USES; PROVIDING STANDARDS AND CONDITIONS PERTAINING TO COMMERCIAL WIRELESS TELECOMAUNICATION FACILITIES, INCLUDING TOWERS AND ANTENNAS; REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF; ETC. (TITLE ONLY) - ADOPTED ON SECOND READING; DIRECTED THE ADMINISTRATION TO RETURN A REPORT WITHIN 60 DAYS REGARDING THE PROGRESS OF THE MODEL ORDINANCE PROPOSED BY THE LEAGUE OF CITIES AND THE RESULTS OF A CONSULTATION BETWEEN THE CITY ATTORNEY'S OFFICE AND AN ATTORNEY SPECIALIZING IN FELECOAXUNICATIONS INDUSTRY REGULATIONS (AGENDA ITEM IV-3) #2 (0657) through (2863) Paul Costanzo, Chief Planner, and Sarah Schenk, city Attorney's Office, came before the Commission and stated that on July 21, 1997, the Commission adopted a six-month moratorium on the construction of commercial wireless telecommunication facilities which is due to expire on December 16, 1997; that proposed Ordinance No. 98-4030 amends the Zoning Code with regulations pertaining to commercial wireless telecommunication facilities; that the Planning Board/Local Planning Agency (PBLP) found proposed Ordinance No. 98-4030, as amended, consistent with the Sarasota City Plan and recommended approval to the Commission. Mr. Costanzo continued that at the December 1, 1997, regular Commission meeting, proposed Ordinance No. 98-4030 was passed on first reading with Commission direction to make the following four revisions to the draft regulations recommended by the PBLP: 1. Sec. 6-34. Siting Preferences Mr. Costanzo stated that the PBLP recommendation, also known as Option B, modified the draft ordinance presented by Staff by BOOK 43 Page 15756 12/15/97 6:00 P.M. BOOK 43 Page 15757 12/15/97 6:00 P.M. eliminating City-ownership preferences; that Option A, the Staff recommendation, requires an applicant to demonstrate that no suitable City-owned buildings or structure are available before being allowed to pursue privately owned sites; that Option B, the PBLP recommendation, has been overturned and replaced with the following five-step siting preferences designed to control antenna and tower locations as presented in the original Staff draft: Antennas on City-owned buildings Antennas on non-City-owned buildings Towers on City-owned property Towers on property zoned Industrial (I) and Industrial, Light and Warehousing (ILW) Towers on any other eligible property 2. Sec. 6-37. Additional Submittal Requirements, Subsection C-2 Mr. Costanzo stated that applicants are required to conduct a balloon test to determine the aesthetic impact of a tower in proximity to residential uses; that a provision has been provided to allow alternative dates due to inclement weather. 3. Sec. 6-37. Additional Submittal Requirements, Subsection D-1 and -2 Mr. Costanzo stated that the language specifically requires that drawings, plans, and/or other graphic representations shall be drawn to scale. 4. Sec. 6-49, Interference or Obstruction with Public Safety Telecommunications Mr. Costanzo stated that the time period during which Emergency Staffs of the City and County will be allowed to file objections to applications for new telecommunications facilities has been extended from 10 to 30 days. Attorney Schenk stated that the City Attorney's Office has been contacted by attorneys representing the telecommunications industry requesting an extension of the moratorium which expires on December 16, 1997; that six months is the longest a moratorium of this nature has been upheld by the courts; that extending the moratorium could result in legal challenges; that a new ordinance requiring two public hearings would be necessary to pass a new moratorium. Mayor Pillot requested the Administration's recommendation. City Manager Sollenberger stated that the Administration recommends adopting proposed Ordinance No. 98-4030 on second reading. Mayor Pillot opened the public hearing. The following people came before the commission: Brenda Patten, Land Use Attorney, Law Firm of Kirk Pinkerton, 720 South Orange Avenue (34236), representing Bell South Mobility, Russell Thomas, Attorney, Law Firm of Anderson & Orcutt, Suite 2400, SunTrust Financial Centre, Tampa (33802) representing SprintCom, Inc., and Michael Brooks, Attorney, Law Firm of Bricklemyer, Smolker, and Bolvus, 400 North Tampa Street, Suite 2400, Tampa (33611) representing LCC International. Inc. Attorney Patten stated that on December 17, 1997, an important conference of local governments will be held in Orlando to discuss a model ordinance governing the citing of telecommunications facilities and will be attended by representatives of the Community Affairs Committee of the Florida House of Representatives, the Florida League of Cities, the Florida Association of Counties, and representatives of the telecommunications industry; that the Florida Legislature is struggling to develop rules and regulations for the citing of telecommunications facilities which satisfy the needs of the industry and protect the interests of the public. Attorney Patten continued that industry representatives have discussed how a mechanism could be developed to allow the City to delay action on the proposed ordinance and provide the opportunity to study the results of the League of Cities conference; that the Commission could defer action this evening on proposed Ordinance No. 98-4030, relating to telecommunications facilities and instead, authorize Staff to advertise an ordinance extending the moratorium for an additional 60 to 90 days; that City regulations relating to telecommunications facilities existing prior to the moratorium would again take effect; that the City would face the risk of receiving applications from telecommunications providers under the old, inadequate regulations between the date the, existing moratorium expires and the date the new one will commence; however, the transitional time period would be relatively short. Attorney Patten further stated that the industry providers present this evening have agreed not to file applications for telecommunications facilities during the transitional time period; that few risks are associated with enactment of another moratorium; however, some tolecommunications providers are prepared to bring lawsuits on the basis of practical and legal issues if proposed Ordinance No. 98-4030 is adopted this evening; that adoption of a new moratorium is within the legal authority BOOK 43 Page 15758 12/15/97 6:00 P.M. BOOK 43 Page 15759 12/15/97 6:00 P.M. of the Commission and may eliminate the risk of protracted and expensive legal proceedings. Attorney Thomas stated that although practical and legal concerns with proposed Ordinance No. 98-4030 were articulated by representatives of the telecommunications industry, the current form of the proposed ordinance including: 1) the non-competitive City-ownership preferences, and 2) the requirement to submit a guarantee in the form of either a cashier's check or a letter of credit to ensure removal of abandoned towers, was passed at the December 1, 1997, regular Commission meeting. Attorney Thomas continued that earlier today, an 11-page memorandum developed by representatives of the telecommunications industry outlining legal deficiencies of the proposed ordinance was delivered to the City; that industry representatives are not suggesting that lawsuits will be filed, however, an ordinance capable of sustaining legal challenges should be developed; that existing precedents in State and Federal law render much of the proposed ordinance unlawful; that at the December 1, 1997, regular Commission meeting, the City Attorney's Office indicated the proposed ordinance including a series of highly technical telecommunications regulations has not been reviewed by outside counsel; that the Commission is requested to review the memorandum prepared by the representatives of the telecommunications industry who apologize for the unavoidably late delivery of the memorandum to the City; that the issues addressed in the memorandum have already been raised verbally either with the City Attorney or with the Commission at the last meeting; that the memorandum is a collective effort; that the City and the telecommunications industry might be better served by a delayed decision rather than enactment of an ordinance resulting in protracted litigation. Attorney Brooks stated that the memorandum prepared by the representatives of the telecommunications industry addresses serious concerns based on equal protection grounds and the Telecommunications Act of 1996. Commissioner Patterson stated that yesterday, Kelvin Robinson, the Legislative Director for the League of cities, requested the City delay passage of proposed Ordinance No. 98-4030, prophesying the same worst-case scenario presented by Attorney Patten; that the request was referred to the Administration. V. Peter Schneider, Deputy city Manager, came before the Commission and stated that the City will participate at the request of the League of Cities in the Orlando conference at which proposed Ordinance No. 98-4030 will be discussed; that the conference is the first step in development of a model telecommunications ordinance; that the League of Cities indicated a lengthy time frame is expected to develop such an ordinance. Commissioner Patterson stated that the Legislature is addressing the prerogatives of local governments during the current session. Attorney Thomas stated that is correct. City Attorney Taylor stated that the 11-page memorandum received earlier today has not been sufficiently reviewed; that adoption of a new moratorium will take at least one month; that the memorandum indicates proposed Ordinance No. 98-4030 requires a preferential priority towards Gity-owned property regardless of whether or not the City will be reasonable or unreasonable in negotiating lease terms with the telecommunications industry; that although the language in the ordinance could be interpreted in such a way, the City has never intended to mandate the industry to research City-owned sites and then adhere to lease terms demanded by the City; that language can be drafted as part of the proposed ordinance to provide assurance that the industry has the ability to find a privately owned site if an agreement between the city and the applicant cannot be satisfactorily negotiated. Commissioner Merrill asked why a continued moratorium during which no towers could be built is preferable to an ordinance which allows development of telecommunications facilities. Attorney Thomas stated that the representatives of the telecommunications industry have reached consensus that a lawful and justifiable ordinance which provides equitable treatment to the industry should be developed; that modifying the proposed ordinance to replace the City-ownership preferences with Option B, the PBLP recommendation, would have provided fair treatment to the telecommunications industry; that the industry hopes the issues can be resolved quickly; however, Sprint intends to operate in Sarasota for a long time and looks forward to a long and prosperous relationship with the community; that the Sprint's willingness to agree to an extended moratorium is precedent setting; however, the industry prefers that a good ordinance remaining in effect for many years be adopted and would agree to an extended moratorium rather than adoption of an illegal ordinance inevitably resulting in litigation, the expenditure of a substantially greater amount of funds, and an adverse relationship with the City. Commissioner Merrill stated that Staff has indicated a new moratorium would be illegal; that the final draft or revisions based on the model ordinance proposed by the Florida League of Cities could be adopted by the Commission in the future. Attorney Patten stated that waiting for final draft of the model ordinance proposed by the Florida League of Cities may not be BOOK 43 Page 15760 12/15/97 6:00 P.M. BOOK 43 Page 15761 12/15/97 6:00 P.M. necessaryi that critical issues may be adequately resolved within 30 to 60 days and recommended revisions returned to the Commission; that some of the options under consideration may address the existing problems inherent with proposed Ordinance 98-4030; that although extending the existing moratorium may be a problem, many issues could be resolved by taking no action on the proposed ordinance and begin instead the process of advertising a second moratorium; that few providers are anticipated to apply for permits for telecommunications facilities during the relatively short transitional period and many substantial concerns could be addressed in a more comprehensive manner to better accommodate the needs of the telecommunications industry as well as the City. Commissioner Cardamone stated that proposed Ordinance No. 98-4030 has been drafted at the Commission's direction based on the desire to protect City residents from a proliferation of telecommunications facilities; that although the industry is objecting to the restrictive nature of the proposed ordinance and few members of the public are openly supporting the restrictions, most neighborhood residents do not want unattractive towers throughout the community; and asked if proposed Ordinance No. 98-4030 can be adopted and later amended with language more tolerable to the telecommunications industry based upon the findings of the Florida League of Cities? City Attorney Taylor stated that Ordinance No. 98-4030 should be adopted and amended if necessary in the future; that actions occurring during the transitional period may not be avoidable as a telecommunications provider may wish to challenge the regulations; however, litigation is a time-consuming process not expected to occur immediately; that participation in the development of the model telecommunications ordinance proposed by the Florida League of Cities will be a learning experience; that no unwillingness has existed on the part of the City Attorney's Office to work and be as reasonable as possible with the telecommunications industry; that a new moratorium could not be adopted before the first regular Commission meeting in February. Commissioner Patterson asked when the existing moratorium expires? Mayor Pillot stated tomorrow. Vice Mayor Dupree asked why the 11-page memorandum and analysis from the telecommunications industry was not received until today? Attorney Thomas stated that at the December 1, 1997, regular Commission meeting, the absence of any review of the proposed ordinance by outside counsel was discussed; that the telecommunications industry decided to analyze the legal issues in a detailed memorandum requiring a substantial amount of time to complete; that the legal issues addressed in the memorandum have been discussed repeatedly before the Commission and the PBLP during workshops and public hearings; that nothing addressed in the memorandum, a written codification of the legal issues, should come as a surprise to the City Attorney or Staff. Vice Mayor Dupree stated * that representatives of the telecommunications industry were advised to provide written recommendations prior to the December 1, 1997, regular Commission meeting. Commissioner Patterson stated that references in the proposed ordinance to the long-term bond requirement and the City-ownership preferencé is the most objectionable to the telecommunications industry; that although the City Attorney has indicated the bond fee would be reasonable and the preference for City sites not prohibitive, the specific language providing satisfaction to the telecommunications industry has not been included in the proposed ordinance requested for adoption this evening; that the prospect of a transitional time period between the existing and a new moratorium is undesirable; however, the proposed ordinance could be adopted with revision to the two troublesome sections. Attorney Thomas stated that the proposed ordinance could be revised to replace the City-ownership preference requirement with Option B, the PBLP's recommendation eliminating siting preferences in favor of City-owned property. Mark Fore, Law Firm of Frank and Gramling, 100 North Tampa Street, Tampa (33602), representing AT&T Wireless Services of Florida, Inc., and Frank Stanonis, Attorney, 501 East Kennedy Boulevard, (33602) representing Aerial Communications. Attorney Fore stated that the Commission may consider adopting the recommendation of the PBLP eliminating City-ownership preferences for potential sites if an extended moratorium is opposed; that mechanisms included in the Building Code rather than a long-term bond are available to address the problem of abandoned towers; that although other issues in the proposed ordinance are a concern, the City-ownership preferences and the long-term bond requirement are the two items of greatest concern to the telecommunications industry; that the proposed ordinance could be easily revised by adopting the language recommended by the PBLP. Attorney Stanonis stated that the procedure required to obtain a Federal Communications Commission (FCC) license is extremely expensive; that telecommunications providers understand that no site or zoning approval is guaranteed; however, the major problem with the proposed ordinance, which could be resolved by replacing the existing language with Option B recommended by the PBLP, is the process the City intends to use to decide whether a provider BOOK 43 Page 15762 12/15/97 6:00 P.M. BOOK 43 Page 15763 12/15/97 6:00 P.M. will be allowed to site on City-owned land; that he is responsible for the portion of the 11-page memorandum detailing decisional criteria; that although the City Attorney has indicated the City intends to negotiate in good faith, the intent to deal in good faith is not the test for whether or not an ordinance is valid; that a market participant can make properties available on a master siting map and provide a pricing structure as an incentive to providers; that telecommunications providers can be encouraged to site on City-owned land under the same methods used by any other institutional or industrial land owner. Attorney Stanonis continued that providers must always demonstrate the need for a tower; however, the proposed ordinance lacks any criteria for making the prioritization decision; that an ordinance lacking specific criteria will be arbitrary and perhaps unlawful; that the telecommunications industry cannot discern from the existing language in proposed Ordinance No. 98-4030 how the City will decide whether a facility will be allowed to locate on City-owned land. Attorney Stanonis further stated that the City would be allowed to act as a market participant under the PBLP recommendation; that wanting to control siting as a market participant is perfectly legitimate; however, a major problem exists in the City's attempt to control where a facility is developed not by the usual criteria of the appropriateness and location of the property but by the ownership of the property; that the Commission would perceive severe constitutional and legal flaws in any request made by a business person petitioning the City for the authority to make his/her sites the only ones available for telecommunication towers. Attorney Stanonis stated further that government has authority to take certain actions prohibited to private entities such as franchising water and sewer utilities; however, a major difference exists in respect to wireless telecommunication; that the FCC reserves the preempted right to address how the public spectrum is allocated through the franchising process and is the only entity with authority to award franchises; that the telecommunications industry is not a franchise but an oligopoly, a market situation in which each of a few producers affects but does not control the market; that every aspect of the process including siting is supposed to be competitive. Attorney Stanonis continued that the Commission is requested to adopt Option B, recommended by the PBLP; that the opportunity to review actions by other municipalities will be provided at the Orlando conference at which a model ordinance will be developed by the Florida League of cities; that he has been involved in ordinances developed by several other municipalities and is unfamiliar with any city or county which has mandated preferential siting on public land. Vice Mayor Dupree asked if the Commission is requested to adopt proposed Ordinance No. 98-4030 modified with the language in Option B as recommended by the PBLP rather than the language proposed by Staff? Attorney Stanonis stated yes; that the industry's recommendation is to allow siting based on the principles of the free market. Commissioner Cardamone stated that the City of Tampa has developed siting regulations and has made available to the telecommunications industry publicly owned property; and asked if any difference exists between the ordinances drafted by the two cities? Attorney Fore stated that the City of Tampa provided incentives to the telecommunications industry to locate on City-owned property; that the City of Sarasota is - providing a mandate rather than an incentive by requiring the telecommunications provider to first review City-owned land; that the provider will be allowed to pursue siting on privately owned property only after incurring the expense required to prove the inapproprlateness of available City-owned sites; that the difference is critical; that Tampa is offering the carrot; that Sarasota is offering the stick. Commissioner Cardamone asked if proposed Ordinance No. 98-4030 could be modified to state that the City invites the telecommunications industry to consider siting on City property and will provide incentives for such sitings? Attorney Fore stated yesi that the ordinance could be modified with Option B, recommended by the PBLP. Commissioner Cardamone stated that she contacted and has asked the Administration to contact an employee of the City of Tampa; that although no action can be taken this evening to change the proposed ordinance, information regarding the Tampa ordinance will be sent to the Administration; that telecommunications providers in Tampa have been required to build a facility and transfer ownership of that facility to the City of Tampa. Commissioner Patterson asked if the bonding issue is as great a concern as the siting issue? Attorney Fore stated that Attorney Brooks is the principal author of the language in the memorandum referencing the bonding issue. Yohannah Armes, 1677 Sixth Street' (34236), stated that the location of the towers is a concerni that the issue has been addressed by the City rather than the County Commission; and asked if telecommunications facilities will be located exclusively in Downtown rather than the County? BOOK 43 Page 15764 12/15/97 6:00 P.M. BOOK 43 Page 15765 12/15/97 6:00 P.M. Mayor Pillot stated that the County is drafting a separate ordinance. Ms. Armes stated that the impact on the health of the citizenry and the environment from electromagnetic fields from telecommunications facilities is a concern; and asked if studies regarding electromagnetic fields generated by the telecommunications towers have been conducted? Commissioner Patterson stated that Federal legislation absolutely prohibits local governments referencing electromagnetic fields as criteria for denying the siting of telecommunications facilities. City Attorney Taylor stated that is correct. Mayor Pillot stated that legally, the Commission cannot discuss the issue; that siting the telecommunications towers on City-owned property will provide a better opportunity to locate the facilities in the least obtrusive way. Ms. Armes asked how to obtain information regarding electromagnetic fields? Deputy City Manager Schneider stated that the Federal government would be the appropriate source of information. City Attorney Taylor stated that although the issue is continually raised by the public, no provable or justified basis has been found to allow objections on those grounds to the siting of towers. Ms. Armes stated that studies regarding the harmful effects of electromagnetic fields are available. Attorney Brooks returned to the Commission table. Commissioner Patterson asked if the long-term bond requirement is a concern to the telecommunications industry? Attorney Brooks stated yes. Commissioner Patterson asked if any mechanism can be recommended to allow the city protection from hundreds of abandoned towers 50 years from now when the current technology has become outdated? Attorney Brooks stated that demolition and removal of abandoned or unsafe towers would be appropriately resolved by the City's code enforcement mechanisms. Commissioner Patterson stated that the code enforcement regulations are inadequate; that code enforcement liens take last position to all other liens on a property; that the City would be required to purchase the dominant liens to enforce the code violation; that some other means of protection is, required. Attorney Brooks stated that proposed Ordinance No. 98-4030 will require the telecommunications industry to provide cashier's checks of unstated amounts into a registry of the City for an indefinite period of time; that the long-term bond is not believed to be lawful under principles of equal protection. Commissioner Patterson asked if any alternative method exists? Attorney Brooks stated that Orange County offers exceptions; that an applicant who can provide a copy of an FCC license is exempt from regulation regarding the demolition and removal of abandoned towers; that the applicant will have spent a tremendous amount of money on the Federal license and is required as a condition of that license to provide continuos service. There was no one else signed up to speak and Mayor Pillot closed the public hearing. City Auditor and Clerk - Robinson entered the following documents into the record: Memorandum from Paul Costanzo to PBLP members dated October 24, 1997, regarding consistency of proposed Ordinance No. 98-4030 with the Sarasota City Plan Minutes of the special PBLP meeting of November 6, 1997 regarding the public hearing on proposed Ordinance No. 98-4030 PBLP report of actions taken at November 6, 1997, PBLP meeting, reported to the City Commission on November 17, 1997 Minutes of the November 17, 1997 City Commission meeting The following three unofficial zoning maps of the City of Sarasota denoting the following: a) Approximate eligible areas for new telecommunication towers based on a 35-foot tower height b) Approximate eligible areas for new telecommunications towers based on a 100-foot tower height c) Approximate eligible areas for new telecommunication towers based on a 200-foot tower height city Manager Sollenberger stated that the Administration recommends adopting proposed Ordinance No. 98-4030, on second reading as presented; that not adopting the proposed ordinance would be a major mistake; that the objections raised by the telecommunications: industry relating to City-ownership preferences for siting and the long-term bond requirement can be BOOK 43 Page 15766 12/15/97 6:00 P.M. BOOK 43 Page 15767 12/15/97 6:00 P.M. addressed with appropriate amendments after the model ordinance has been drafted by the Florida League of Cities; that the ability of the telecommunications industry to site facilities is adequately addressed under Sec. 6-34; that existing language under Sec. 6-50, Subsection A-6, allows the City the choice to exempt a provider from a performance agreement or guarantee if the facility is located on City-owned property; that the telecommunications industry is provided an incentive and the City the ability to determine how an abandoned tower would be removed. City Auditor and Clerk Robinson read proposed Ordinance No. 98-4030 by title only. On motion of Commissioner Merrill and second of Commissioner Cardamone, it was moved to adopt proposed Ordinance No. 98-4030, on second reading. Commissioner Merrill stated that proposed Ordinance No. 98-4030 may not be perfect; however, a recent magazine article reported that cities and counties throughout the country are grappling with the same problem; that some cities are trying to design the telecommunications facilities; that an unattractive tower should not be imposed on any neighborhood; that designing and locating attractive towers on large parcels of City-owned land such as Bobby Jones Golf Complex would be appropriate; that the Florida League of Cities is proposing to draft a model ordinance; that a method to modify the proposed ordinance this evening to provide satisfaction to the telecommunications industry and protection to the neighborhoods is not known; that Staff and representatives of the telecommunications industry are trusted to provide the city adequate information and ensure the legal propriety of the proposed ordinance. Commissioner Cardamone stated that extensive discussions regarding telecommunications facilities have been conducted; that a City six miles wide and seven miles long should not have telecommunication facilities on every corner; that large cities such as Tampa have other problems due to the large land area; that the industry is indicating the proposed ordinance is extremely restrictive; however, the city is extremely protective of neighborhoods which could be negatively impacted by unattractive towers; that proposed Ordinance No. 98-4030 should be adopted, the Florida League of Cities' meeting attended by Staff, and a report returned at the January 5, 1998, regular Commission meeting; that the Commission would be open to recommendations making the ordinance more practical and reasonable without elimination of the protective restrictions; that patience is requested from the telecommunications industry. Commissioner Patterson stated that the City is among the first of Florida cities to pass an ordinance regulating the siting of telecommunications facilities; that proposed Ordinance No. 98-4030 is one of the most restrictive; that the City may become a target for legal challenges by the telecommunications industry; that the drafting of an ordinance in the absence of legal expertise specializing in telecommunications regulations is a concern; and asked if the proposed ordinance can stand up to a legal challenge. City Attorney Taylor stated that the concerns raised by the telecommunications industry can be addressed in a reasonable fashion and the worst-case scenarios relating to siting preferences avoided; that the telecommunications providers have many options to site facilities on privately owned property; that an attorney specializing in telecommunications regulations was not consulted; however, the City relied on the expertise of Jean Rice of Rice Williams Associates, Inc., an outside consultant with extensive experience in the telecommunications field who consulted an attorney with similar expertise to help draft this ordinance. City Attorney Taylor continued that the City does not wish to become the first jurisdiction in Florida facing legal challenge to their telecommunications ordinance; that the proposed ordinance will be reviewed by an attorney specializing in telecommunications regulations if the Commission so directs and a report returned at the January 5, 1998, regular Commission meeting. On motion of Commissioner Patterson and second of Commissioner Merrill, it was moved to amend the main motion to return to the Commission within 60 days a report regarding the progress of the model ordinance proposed by the Florida League of Cities and results of a consultation with an attorney specializing in telecommunications industry regulations. Commissioner Patterson stated that the Commission should be apprised of recommendations developed by the Florida League of Cities which could be incorporated into proposed Ordinance No. 98-4030; however, the City may face a legal challenge in the interim period; that - consulting an attorney specializing in telecommunications industry regulations will provide an advantage; that the participating in the Florida League of Cities conference to develop a model ordinance and providing a clear indication that the Commission has an open mind will be important; that the telecommunications industry is currently seeking relief from the Florida Legislature which has the power to render proposed Ordinance No. 98-4030 invalid. Commissioner Cardamone stated that a report should be returned in less than 60 days. Mayor Pillot stated that a report could be returned in 10, 20, or 30 days. BOOK 43 Page 15768 12/15/97 6:00 P.M. BOOK 43 Page 15769 12/15/97 6:00 P.M. Mayor Pillot restated the motion to amend the main motion. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote on the motion to adopt proposed Ordinance No. 98-4030, on second reading, and within 60 days, report to the Commission regarding the progress of the model ordinance proposed by the League of Cities and the results of a consultation with an attorney specializing in telecommunications industry regulations. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 14. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 98-4034, AMENDING THE CITY OF SARASOTA LOCAL AMENDMENTS TO THE STANDARD UNSAFE BUILDING ABATEMENT CODE, 1985 EDITION, AS ADOPTED BY REFERENCE IN CHAPTER 11, ARTICLE II, SARASOTA CITY CODE; SETTING FORTH PROCEDURES FOR THE DEMOLITION OR REMOVAL OF ABANDONED, , UNSAFE OR UNUSED COMMERCIAL WIRELESS TELECOMAUNICATION TOWERS AS SET FORTH HEREIN; SETTING FORTH FINDINGS AS TO INTENT AND PURPOSE; PROVIDING DEFINITIONS: REPEALING ORDINANCES IN CONFLICT; ETC. (TITLE ONLY) - PASSED ON FIRST READING (AGENDA ITEM IV-4) #2 (2865) through (2977) Sarah Schenk, City Attorney's Office, came before the Commission and stated that proposed Ordinance No. 98-4034 amends the City of Sarasota Local Amendments to the Standard Unsafe Building Abatement Code, 1985 Edition, as adopted by reference in Chapter 11, Article II, Sarasota City Code, to authorize the city to order the demolition and removal of abandoned, unused, and unsafe commercial wireless telecommunication towers consistent with the provisions of the pending Zoning Code amendment; that proposed Ordinance No. 98-4034 is a companion ordinance to Ordinance No. 98-4030 adopted under Public Hearing, Agenda Item IV-3. Mayor Pillot opened the public hearing. There was no one signed up to speak and Mayor Pillot closed the public hearing. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 98-4034, on first reading. City Auditor and Clerk Robinson read proposed Ordinance No. 98-4034 by title only. On motion, of Vice Mayor Dupree and second of Commissioner Merrill, it was moved to pass proposed Ordinance No. 98-4034, on first reading. Mayor Pillot requested - that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. Mayor Pillot stated there is a consensus of the Commission to address Unfinished Business, Agenda Item VII-1, discussion regarding the Gulf Coast World of Science proposed Selby Library building lease as the next item on the Agenda. The Commission recessed at 8:55 p.m. and reconvened at 9:05 p.m. 15. UNFINISHED BUSINESS: DISCUSSION RE: GULF COAST WORLD OF SCIENCE PROPOSED SELBY LIBRARY BUILDING LEASE - DIRECTED THE ADMINISTRATION TO DRAFT A 20-YEAR LEASE WITH THE GULF COAST WORLD OF SCIENCE INCLUDING THE FOLLOWING STIPULATIONS: 1) DIRECT STAFF TO NEGOTIATE NECESSARY CHANGES IN THE LEASE 2) REPLACE THE RECAPTURE CLAUSE WITH LANGUAGE STIPULATING THE MUSEUM WILL BE REIMBURSED THE FULL RENOVATION COST IF THE CITY RESUMES POSSESSION OF THE PROPERTY OR ELIMINATE THE CLAUSE ALTOGETHER, AND 3) MAKE THE SIGNING OF THE LEASE CONTINGENT TO THE LETTER OF CREDIT REFLECTING: A) THE $50,000 DONATION WILL BE RELEASED UPON THE MUSEUM'S POSSESSION OF THE LEASEHOLD AND, & 2) THE EXISTING STIPULATION REGARDING THE LEASE TERM WILL BE SATISFIED BY COMMISSION APPROVAL OF A 20-YEAR LEASE (AGENDA ITEM VII-1) #2 (3012) through #3 (1037) City Manager Sollenberger stated that the 1994 draft lease agreement negotiated between the Gulf Coast World of Science and the city contains a provision for a five-year term renewable upon meeting specific conditions; that a $50,000 pledge from Donald Blivas contingent on the museum's receiving a 20-year lease has been discussed at previous meetings. Commissioner Cardamone asked when the existing lease agreement was drafted? City Manager Sollenberger stated that the draft lease agreement was prepared and presented to the Commission in March 1994. Commissioner Merrill asked if . the Administration has a recommendation regarding the term of the proposed lease? City Manager Sollenberger stated that no Administration recommendation has been presented; that a 20-year lease term will facilitate the ability of the Gulf Coast World of Science to solicit long-term capital funding; however, a five-year lease term was originally specified as a way to evaluate the museums - operation; that the City could find the Selby Library building occupied by a mediocre institution if the museum's financial BOOK 43 Page 15770 12/15/97 6:00 P.M. BOOK 43 Page 15771 12/15/97 6:00 P.M. requirements were met on a merely marginal basis; however, the quality of a number of institutions has improved after moving into long-term facilities; that the City's primary risk centers on whether the quality of the museum will improve. Commissioner Merrill stated that the Gulf Coast World of Science has been required to provide $100,000 in cash operating reserves as a condition of receiving a five-year lease term and has indicated a fund-raising goal of $1 million; and asked if a 20-year lease could be negotiated after the projected $1 million has been raised? City Manager Sollenberger stated that the requirement attached to the five-year lease of $100,000 in cash operating reserves was based on an estimate that $400,000 annually would be required to operate the facility; that the city determined three month's cash operating reserves should be raised before the leasehold is granted; that the amount was based on costs estimated in 1994, more than three years ago; that inflation has since occurred; however, the Commission decided against adjusting the amount to inflation and the requirement remained at $100,000. Commissioner Merrill asked if the five-year lease could remain in place but upgraded to a 20-year term if the $1 million fund-raising goal is achieved? City Manager Sollenberger stated that the suggestion is interesting. Vice Mayor Dupree asked if the $100,000 required for cash operating reserves has been raised by the Gulf Coast World of Science? City Manager Sollenberger stated that $50,000 in cash has been raised; that the donor, Mr. Blivas has provided a letter of credit for $50,000. Gibson Mitchell, Director of Finance, came before the Commission and stated that on January 21, 1997, the Commission voted to require the Gulf Coast World of Science to show $100,000 in cash operating reserves and provide evidence of an upswing in their 1996 financial statements; that the financial statements have been produced and show the museum on the upswing; that a deposit of $50,000 in a cash reserve account has been confirmed by SunTrust Bank; that the museum has supplied the City with a copy of a $50,000 letter of credit with three conditions: 1) the term of the lease for the Selby Library building must be acceptable to Gulf Coast World of Science, to Mr. Blivas, the maker of the letter of credit, and to the City, 2) the funds will not be released until a Certificate of Occupancy for the building is granted, and 3) the letter of credit expires three years from December 8, 1997; that the first, informal letter of credit indicated a four-year term. Vice Mayor Dupree asked if the cash operating reserves including the $50,000 pledged in the letter of credit satisfy the City's requirements? Mr. Mitchell stated that the museum can be considered to have $100,000 if the conditions included in the letter of credit are accepted; however, he has reservations with a letter of credit which has been drafted to the benefit of the Gulf Coast World of Science rather than the City. city Manager Sollenberger stated that the $100,000 in operating cash reserves was supposed to be in cash and with no strings attached; that the letter of credit should be unrestricted to provide $100,000 as agreed. Vice Mayor Dupree asked if the agreement indicates the $100,000 requirement would be in cash? Mr. Mitchell stated that the agreement implies the $100,000 should be provided in cash. Commissioner Patterson stated that the stipulation in the letter of credit indicating the lease must be of a term satisfactory to all parties is somewhat disturbing; however, the issue may be resolved this evening; that approval of a 20-year lease term could include a stipulation that the condition regarding the terms of the lease be deleted and the letter of credit revert to cash on the day the museum takes occupancy of the Selby Library building. City Manager Sollenberger stated that the terminology referring to "Certificate of Occupancy," a Building Code term, should be changed to indicate the funds would be released on the date the museum assumes tenancy under a lease; that the terminology "Certificate of Occupancy" relates to the inspection certificate provided by the Building Department following the renovation of a structure; that the completion of the renovated project could occur after the expiration date of the letter of credit; that the letter of credit is believed to imply the museum must take possession of the building rather than receive a Certificate of Occupancyi however, the subject has not been discussed with Mr. Blivas. Commissioner Patterson asked if both issues could be addressed this evening with Mr. Blivas and the City Attorney. City Attorney Taylor stated yes. The following people came before the Commission: Sol Levites, 501 Longboat Club Road, Longboat Key (34228), was no longer in the Commission Chambers. Sandra Gilchrist, 566 Edwards Drive (34243), past President of the Board of Directors of Gulf Coast World of Science, stated that she BOOK 43 Page 15772 12/15/97 6:00 P.M. BOOK 43 Page 15773 12/15/97 6:00 P.M. is representing herself this evening; that the Commission is requested to provide a long-term lease important to fund-raising necessary to develop a quality museum; that the five-year lease was discussed in 1994 and was to have been further discussed by the museum and the City Attorney's Office; however, further discussion did not occur; that raising funds for a quality museum will be extremely difficult without a long-term lease. Ms. Gilchrist continued that expecting major donations with no strings attached is not reasonable; that hopefully, the donor will eliminate the stipulations in the letter of credit and the Commission will realize the amount of trust placed in the museum by the donor; that the Commission is requested to support the use of the Selby Library building by the Gulf Coast World of Science. Dr. Elva Farrell, PhD, 5281 15th Street (34243), Director of the Gulf Coast World of Science, stated that the conditions required by the City that the finances of the museum be on the upswing and that $100,000 in cash operating reserves be raised have been met; that the Commission's original requirement that the museum have $100,000 in cash operating reserves at the time of occupancy was changed last year to require the $100,000 raised by January 1998; that the donor, who wants the funds used for operating rather than capital expenses, has indicated the money will be available when a lease agreeable to everyone has been signed and a Certificate of Occupancy granted to the museum. Dr. Farrell continued that although the five-year lease was initially approved in 1994, the renovation costs and sources of funding have since been researched; that many people are willing to donate money for a permanent location; that the State of Florida, Division of Cultural Affairs, Cultural Facilities Grants, requires a minimum 20-year lease; that the museum would be ineligible for many sources of funding without a longer-term lease. Clarence Brien, 419 West Cornelius Circle (34232), stated that an article in a local newspaper reported the museum has received a "brush-off" from the Commission which is requested not to allow such a thing to happen; that local children, who should not be forced to go to Venice to ice skate or Manatee County to use skateboards, need the Gulf Coast World of Science; that local children should be able to grow up knowing that this Commission did the right thing; that a 20-year lease term is requested. Dr. Warren Silver, 3834 Mira Lago Drive (34238), stated that as a volunteer at the Gulf Coast World of Science, the progress observed at the museum has been amazing; that a stable facility is extremely important and obtaining funding with a short-term lease would be extremely difficult; that although the Commission must be concerned with financial obligations, generations of children would receive education in science and technology; that the Commission is urged to extend the lease term to allow development of a first-class facility. Dr. Farrell returned to the Commission table and stated that a member of the audience just handed her a check for $10,000; that since November 1997, when $50,000 was deposited in the bank, an additional $3,500 in cash and a donation of stock has been donated and designated to operating expenses for the Selby Library building. Mayor Pillot requested clarification of the State grant. Dr. Farrell continued that the State of Florida Cultural Facilities Grant is available specifically for building or renovation of facilities; however, a 20-year lease is the minimum required by the State. Mayor Pillot requested specifics regarding the grant? Dr. Farrell stated that although the grant is extremely competitive, the museum is already receiving funding from the Division of Cultural Affairs in the Science Museum category and has been informed that current recipients of State funding have a greater opportunity to qualify for future grants; that the museum will probably apply for $100,000 of the $250,000 in available funds allocated on the basis of project size. Mayor Pillot asked if the grant would be used to fund the renovations costs? Dr. Farrell stated yes. Commissioner Cardamone asked the amount the museum anticipates raising through the capital campaign? Dr. Farrell stated that the renovation costs have been estimated at $620,000; however, based on previous experiences with capital improvement projects, renovation of the Selby Library building will probably cost between $1 and $1.25 million; that additional funds will be raised to provide first-class exhibits; that the goal of the capital campaign will be approximately $2 million. Commissioner Cardamone asked if $2. million is sufficient to renovate and provide the necessary exhibits to open the museum to the public? Dr. Farrell stated yes. Commissioner Cardamone asked the status of Dr. Farrell's PhD program? Dr. Farrell stated that the PhD program at the University of South Florida has been completed. Commissioner Patterson asked if Mr. Blivas, the donor is willing to delete from the letter of credit the stipulations including the BOOK 43. Page 15774 12/15/97 6:00 P.M. BOOK 43 Page 15775 12/15/97 6:00 P.M. Certificate of Occupancy and release the $50,000 as soon as the museum takes possession of the leasehold? Dr. Farrell stated that the Board of Directors of the Gulf Coast World of Science recently voted to allocate the $100,000 for operating expenses. Commissioner Patterson asked if the museum would be amenable to the donor revising the letter of credit to indicate the funds will be released when the lease is finalized? Dr. Farrell stated yes. City Manager Sollenberger stated that a decision is required as to whether the lease term should be five or 20 years; that a legitimate case has been made to grant a 20-year lease to allow the museum to qualify for the grant offered by the State Cultural Facilities Grant; that the lease originally indicated five-year terms renewable at the museum's request provided certain financial solvency criteria were met; that the donor should be requested to revise the letter of credit to indicate the $50,000 in escrow will be transferred to the museum when a 20-year lease is finalized; that the leasehold would commence upon the museum's receiving a letter from the Administration indicating the building has been vacated by the County; that the City would expect the $50,000 donation transferred to the museum at that time. City Attorney Taylor stated that the existing lease agreement was prepared in 1994 and has not been brought up to date; that additional negotiation will be required; however, the option to renew was based on criteria relating to financial solvency; that the City will no longer have any option to refuse renewal if the 20-year lease is granted; that originally, the conditions for meeting financial criteria were placed in the document to ensure the museum's financial solvency not only at the outset but also after each 5-year lease term expired. city Auditor and Clerk Robinson stated that at the December 1, 1997, regular Commission meeting, on motion of Commissioner Patterson and second of Commissioner Merrill, it was moved to direct the Administration that any lease drafted with the Gulf Coast World of Science be for a minimum of 20 years; that the motion was later postponed and is now back on the table. Commissioner Patterson stated that the existing lease agreement indicates the City could recapture possession of the Selby Library building by determining better use of the building for a public purpose. city Attorney Taylor stated that the existing lease agreement drafted in 1994 provides the City both the right to recapture the property for a public purpose and the right to define the public purposej that the City could recapture the building at no expense. Commissioner Patterson stated that no organization would invest substantial funds to renovate a facility with a non-reimbursing recapture clause included in the lease; that the clause should not be included in any lease agreement or the language should be revised to state the museum would be reimbursed for capital improvements if the city recaptures the building for a public purpose. Donald Blivas, the maker of the $50,000 letter of credit,. came before the Commission and stated that the letter of credit was issued not by Donald Blivas but by Nations Bank on his behalf. Commissioner Patterson stated that the Commission is requesting the letter of credit be converted into cash on the day the Gulf Coast World of Science takes possession of the leasehold rather than the day the renovations are inspected and a Certificate of Occupancy granted; and asked if Mr. Blivas would be willing to make the letter of credit unconditional and convertible into cash on the day the museum receives the leasehold if the Commission approves a 20-year lease with reasonable stipulations? Mr. Blivas stated that the condition referencing the lease in the letter of credit would automatically be removed as soon as a 20-year lease is approved; that the letter of credit was originally drafted to reflect the Commission's will; that defining "occupancy" as an : action achievable by taking possession of the leasehold is acceptable; that the term "occupancy" would be changed to "possession." Commissioner Patterson asked if the funds would convert to cash in the bank accruing interest to the museum on the day of possession? Mr. Blivas stated yes; that the funds will be transferred after the museum takes possession of a 20-year lease; that $50,000 has already been deposited at Nations Bank; that the letter of credit is irrevocable and beyond his control; that the $50,000 belongs to the museum today. Mayor Pillot asked if the stipulation requiring the lease term be satisfactory to the museum, to Mr. Blivas, and the City would be deleted by approval of a 20-year lease this evening? Mr. Blivas stated yes. Mr. Mitchell returned to the Commission table and stated that deletion of the stipulation regarding the lease . term and the revision of the term "occupancy" to "possession" will satisfy the Administration's concerns. Commissioner Cardamone stated that Mr. Blivas's donation to the Gulf Coast World of Science is extremely generous. BOOK 43 Page 15776 12/15/97 6:00 P.M. BOOK 43 Page 15777 12/15/97 6:00 P.M. City Auditor and Clerk Robinson restated the motion as to direct the Administration that any lease drafted with the Gulf Coast World of Science be for a minimum of 20 years. Commissioner Patterson asked if the existing motion requires amending? city Attorney Taylor stated that the document, drafted several years ago, requires renegotiation; that the Commission can adopt the motion as presented and provide the Administration further instruction with a second motion if so desired. Commissioner Cardamone stated that she has been quoted in the Sarasota Herald-Tribune as lukewarm to providing the Selby Library building to the Gulf Coast World of Science; that she was part of a commitment made to the museum. in 1994 and at no time would she renege from that commitment. Commissioner Patterson stated that the museum should be provided security; that the city should not be able to simply recapture the property after the museum has invested in capital improvements; that eliminating any reference to recapture would be appropriate. Mayor Pillot stated that the language is in the lease agreement under Item 27, Recapture for Public Purposes. On motion of Commissioner Patterson and second of Commissioner Merrill, it was moved to amend the main motion to: 1) Direct Staff to negotiate necessary changes in the lease, 2) Replace the recapture clause with language stating that the city would reclaim the property only by reimbursing the Gulf Coast World of Science for the amount invested in capital improvements or eliminate the clause altogether, and 3) make the signing of the lease contingent to the letter of credit reflecting: a) the $50,000 donation will be released upon the museum taking possession of the leasehold, and b) the stipulation regarding the lease term will be satisfied by Commission approval of a 20-year lease. Mayor Pillot called for a vote on the amendment. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. Mayor Pillot stated that the 5-year renewable lease term recommended for valid reasons has been discussed with the Administration; that this evening's discussion presented equally valid reasons to approve a 20-year lease term; that providing unanimous Commission approval will enable museum supporters to conduct a successful $2 million capital campaign. Mayor Pillot called for a vote on the motion to direct the Administration to draft a lease for a minimum of 20 years incorporating the conditions included in the amendment. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. Commissioner Cardamone stated that the city Manager was requested at the December 1, 1997, regular Commission meeting to contact the County regarding the deplorable condition of the exterior of the Selby Library building; and requested a status report. City Manager Sollenberger stated that the County has agreed to pressure-clean the exterior of the building and will repaint the side of the building closest to the Van Wezel Performing Arts Hall. 16. SCHEDULED PRESENTATIONS: PRESENTATION RE: REOUEST FOR THE CITY TO PURCHASE THE BUILDING LOCATED AT 1809 DR. MARTIN LUTHER KING, JR. WAY TO HOUSE THE HOME WORK ASSISTANCE PROGRAM CURRENTLY HOUSED IN THE POLICE RESOURCE CENTER - REFER TO THE ADMINISTRATION THE REOUEST FOR FUNDING TO PURCHASE THE BUILDING AT 2706 NORTH OSPREY AVENUE AND DIRECT THE ADMINISTRATION TO: 1) EXAMINE THE CURRENT APPRAISAL AND ORDER A NEW ONE IF NECESSARY, 2) EXAMINE THE CITY'S RESOURCES AND IF APPROPRIATE, RECOMMEND FUNDING SOURCES SUFFICIENT TO MEET THE APPRAISED VALUE OF THE PROPERTY, 3) RECOMMEND A MECHANISM WITH WHICH THE CITY COULD ASSIST THE SARASOTA COUNTY EDUCATIONAL ASSISTANCE PROGRAM TO FIND ADDITIONAL FUNDING (AGENDA ITEM V) #3 (1040) through (3312) City Manager Sollenberger stated that Willie Mae Sheffield, Volunteer Director of the Sarasota County Educational Assistance Program (SCEAP) has requested the City purchase a building to support the after-school tutorial program. Vice Mayor Dupree stated that in the past, representatives of SCEAP came before the Commission and requested an extension of time for use of the police resource substation located at 2706 North Osprey Avenue on the southwest corner of Dr. Martin Luther King, Jr. Way and Osprey Avenue; that Dr. Thomas Gaul, Superintendent of Sarasota County Schools, was contacted and requested for funds for additional space due to the number of students requiring assistance; however, the request was not granted. Vice Mayor Dupree continued that the building at 2706 North Osprey Avenue, known as the Elks Hall, has been refurbished in an ideal way for use by the SCEAP; that the building has been inspected by himself, the City Manager, and the new Director of Neighborhoods and Redevelopment. BOOK 43 Page 15778 12/15/97 6:00 P.M. BOOK 43 Page 15779 12/15/97 6:00 P.M. Willie Mae Sheffield, Volunteer Director of the Sarasota County Educational Assistance Program (SCEAP) Judith Feldman, Chairman of the Social Action Committee affiliated with Temple Israel on Longboat Key, and Chris Cox, Board Member and Accountant for SCEAP, came before the Commission. Ms. Sheffield distributed materials relating to the Sarasota County Educational Assistance Program (SCEAP) and stated that the Commission is requested to purchase the building at 2706 North Osprey Avenue across from the police resource substation; that the Homework Assistance Program, begun eight years ago to assist children with homework after school, has grown from 15 to over 500 children; that the SCEAP grew to the extent that grants were sought and awarded to pay 16 certified school teachers; that Dr. Gaul, the program's liaison to the Sarasota County School Board, supports the SCEAP 100 percent. Ms. Sheffield stated that the Homework Assistance Program, one of many programs conducted by the SCEAP, will guarantee the following to the City: 1. 90 percent of the students will remain in school 2. 70 percent will obtain a comprehensive score in reading comprehension and math 3. 95 percent will be promoted to the next grade (the percentage of students who have actually been promoted is 100 percent) 4. 85 percent will improve their Grade Point Average (GPA) by 0.5 on a 4.0 scale 5. 90 percent will not be suspended, expelled, or get into trouble 6. 95 percent of the female students between the ages of 11 and 15 will not give birth Ms. Sheffield stated that for the past eight years, the Homework Assistance Program has provided a safe haven for students, many of whom have made the honor roll; that a facility larger than the police resource substation is required to accommodate the increased number of students participating in the Program. Mr. Cox stated that the number of children enrolled in the Homework Assistance Program is limited to 500, the maximum which can be served on the current $70,000 annual budget derived from private and public grants; that private foundations have promised funds if a larger facility is provided; that the current budget does not provide mortgage expenses for a new building; that the SCEAP is operating in three centers, all of which are full; that a GED program should be established; that mentoring and parenting classes are currently provided. Ms. Sheffield stated that Boy Scout Troop 888 is extremely successful. Ms. Feldman stated that she lives on Longboat Key; however, many members of her Social Action Committee are City taxpayers; that the Social Action Committee toured Newtown and were especially impressed with the Homework Assistance Program; that more room is needed as young children should not be in the same classroom as middle and high-school age children; that the Social Action Committee feels that saving even one child is an accomplishment; that although unable to provide large sums of money, the Committee has provided equipment, copying machines, and snacks; that a larger building should be provided to allow the important work to continue. Mayor Pillot asked if the SCEAP is currently limited to 500 children? Ms. Sheffield stated yes. Mayor Pillot asked if enough teachers and tutors will be available to handle the proposed expansion? Ms. Sheffield stated yes. Mr. Cox stated that interested teachers have been turned away due to the lack of funds; that additional grant funding to increase staff can be solicited when a larger building is provided. Vice Mayor Dupree requested clarification of the number and qualifications of current Staff? Ms. Sheffield stated that 16 certified teachers are paid staff members; that eight more teachers are needed. Commissioner Cardamone asked the current operating budget. Mr. Cox stated approximately $70,000. Commissioner Cardamone stated that the SCEAP operates from four other locations; and asked if all four locations would be consolidated into the proposed facility at 2706 North Osprey Avenue? Ms. Sheffield stated no; that the building proposed for purchase would not be large enough to hold the children enrolled in all current facilities; that the SCEAP at Newtown Estates is at full capacity with 150 students from Emma E. Booker Elementary School; that every child at the Boys and Girls Club is required to attend the SCEAP located at that facility for 30 to 35 minutes each day. Commissioner Cardamone asked if the SCEAP would still require use of the police substation? Ms. Sheffield stated yes. BOOK 43 Page 15780 12/15/97 6:00 P.M. BOOK 43 Page 15781 12/15/97 6:00 P.M. Commissioner Cardamone asked how the building proposed for purchase would be used during the hours the Homework Assistance Program is not operated? Ms. Sheffield stated that a broadcasting program and cooking classes will be conducted by the SCEAP during the day; that one goal is to attract children standing on street corners during the day into the program. Vice Mayor Dupree asked when the GED class would be held? Ms. Sheffield stated that daytime and evening GED classes will be held; that the Boy Scouts will meet every Monday evening after six; that the building will be utilized day and night. Vice Mayor Dupree stated that the classes were observed in session by Congressman Dan Miller who was greatly impressed. Ms. Sheffield stated that the SCEAP is currently servicing kindergarten through 12th grade in the same room. Commissioner Merrill asked the ages of the 500 children currently attending the SCEAP? Ms. Sheffield stated kindergarten through 12th grade. Commissioner Merrill asked if most activities are conducted from 4 to 6 p.m. Ms. Sheffield stated yes. Commissioner Merrill asked if most of the activities are educationally related such as tutoring, or related to after-school child care? Ms. Sheffield stated that the SCEAP focuses on academic activities such as homework assistance and tutoring. Mr. Cox stated that over 35 computers have been donated; that SCEAP programs are task oriented. Ms. Sheffield stated that students receive certificates in the computer classes. Commissioner Merrill asked why the School Board has not offered the SCEAP use of school facilities during after-school hours and why the City is requested to support an educational activity. Ms. Sheffield stated that the SCEAP provides more assistance than is offered in school; that students are more open-minded and willing to work in a different environment; that no problems occur even with extremely emotionally disturbed children; that children from Oak Park School flourish in the Homework Assistance Program. Commissioner Merrill stated that educational enhancement is the role of the School Board; that City elementary schools have the worst test scores in the entire County; that support from the School Board should be requested as the SCEAP is an educational program rather than after-school daycare; that all City residents should demand establishment of programs such as the Homework Assistance Program by the School Board which is currently failing the City. Ms. Sheffield stated that students making straight Fs before enrolling in the SCEAP now make straight As. Commissioner Merrill asked if the School Board has been petitioned for the funds necessary to purchase the building at 2706 North Osprey Avenue? Ms. Sheffield stated that the School Board was previously requested to fund portable classrooms at the police resource substation; however, the portables were too costly and further action was postponed. Commissioner Merrill asked if the School Board has been approached to fund the purchase of the building at 2706 North Osprey Avenue? Ms. Sheffield stated no. Commissioner Patterson stated that a contract for sale of real estate has been included - in the materials presented to the Commission; that no down payment is indicated in the contract signed by all parties; that Ms. Sheffield appears to have assumed an obligation; that the purchase price is fixed at $375,000; that the source of City funds for such a purchase is not known.; and asked if an appraisal has been performed? Ms. Sheffield stated yes; that an appraisal has been performed; that the city is expeçted to have an independent appraisal performed. Commissioner Patterson asked if the property has been valued at $375,000 in the appraisal commissioned by the SCEAP. Ms. Sheffield stated that the building is 3,165.06 square feet and the land is 10,688.458 square feet; that the purchase price is $375,000 or $118.49 per square foot. Commissioner Patterson stated that an attorney's office building in Downtown could not realize such a high price. Ms. Sheffield stated that the price is not high when considered in the context of assisting 500 children who could otherwise cause problems in the Newtown neighborhood; that the children are removed from the streets, placed into a safe haven, and taught the BOOK 43 Page 15782 12/15/97 6:00 P.M. BOOK 43 Page 15783 12/15/97 6:00 P.M. difference between right and wrong; that the purchase price may - be high and negotiation may be necessary; however, the purpose for purchasing the building is worth such negotiations. Commissioner Patterson stated that no one questions the worth of the SCEAP; however, a price greater than market value should not be paid. Mr. Cox stated that the owner is expected to be willing to negotiate. Commissioner Patterson asked why a sales contract with the price and signatures was attached to the presentation materials. Ms. Sheffield stated that the owner is indicating the site will be reserved for the SCEAP; that she, the teachers, and the students have begged him to reserve the building. Commissioner Cardamone stated that the proposed purchase requires a partnership with the School Board; that the SCEAP is beneficial to the community; that she was present the day a shelf fell and all the computers fell on the floor; that $375,000 in city funds is a great deal of money; that the School Board should be petitioned to form a partnership; that the SCEAP has a $70,000 budget and is requesting funds to purchase a $375,000 building; that the City should support the program and request money from the School Board to accomplish the purchase; that an appraisal is required; that the purchase price of $375,000 makes the building the most expensive piece of real estate in Newtown. Mayor Pillot asked the proposed funding source if the request receives Commission approval? City Manager Sollenberger stated that Community Development Block Grant (CDBG) monies may be reallocated from existing proposals; that a report could be returned in the future; however, a specific recommendation cannot be provided at this time. Mayor Pillot stated that a proper appraisal should be conducted; that a partnership with the School Board and/or Sarasota County would be beneficial; that he supports a one-third contribution from the city contingent on receiving matching grants from the Sarasota Board of County Commissioners and the School Board to fund an appropriate purchase price determined by an accurate appraisal. Ms. Sheffield stated that partnering with the school system would be reasonable; that the SCEAP plans to conduct a Suspension Program, a program designed in concert with the School System to place suspended, students in a wholesome environment and provide tasks to enable students to remain at the same level as other students. On motion of Commissioner Patterson and second of Commissioner Merrill, it was moved to refer to the Administration the request by the Sarasota County Educational Assistance Program (SCEAP) for funding to purchase the building at 2706 North Osprey Avenue and direct the Administration to: 1) examine the current appraisal and order a new one if necessary, 2) examine the City's resources and if appropriate, recommend funding sources sufficient to meet the appraised value of the property, 3) recommend a mechanism with which the City could assist the Sarasota County Educational Assistance Program to find additional funding. Commissioner Merrill stated that schools such as Alta Vista and Emma E. Booker Elementary Schools have the lowest test scores in Sarasota County; that attracting people of middle-income means to neighborhoods with poor-quality schools is difficult; that assistance to the Charter Middle School for Arts and Sciences should be considered by the City; that programs with merit work in all neighborhoods and not just Newtown. Commissioner Merrill continued that the, School Board should be made aware of the City Commission's dissatisfaction with the low test scores in city schools; that the City Commission will have to assume the role of a School Board if conditions do not improve; that the City should initiate alternative Charter schools as a means of attracting middle-income residents to City neighborhoods if the test scores in City schools do not improve; that the schools east of U.S. 41 are the worst schools in the County. Vice Mayor Dupree asked if the SCEAP is available to any child wishing to participate? Ms. Sheffield stated that the SCEAP is open to all ages races, and ethnic backgrounds; that parents, grandparents, and former high school graduates have sought assistance. Vice Mayor Dupree asked if the City would receive periodic reports if City funds are provided to purchase the building? Ms. Sheffield stated yes. Vice Mayor Dupree stated that a time frame for the Administration to report back should be included in the motion. Ms. Feldman stated that she is a former education expert and college professor; that although the School Board should provide more assistance, all children are expected to complete homework; that homework cannot be included with general school work during the day; that some children have no place to do homework and some parents cannot help with the new math. Commissioner Merrill stated that the family unit has changed and BOOK 43 Page 15784 12/15/97 6:00 P.M. BOOK 43 Page 15785 12/15/97 6:00 P.M. mothers are no longer present when children come home from school; that certified school teachers employed by the SCEAP to conduct the Homework Assistance Program should be employed by the School Board to conduct homework sessions after school hours in existing school facilities. City Manager Sollenberger asked if the property appraisal commissioned by the SCEAP has been completed? Mr. Cox stated that an appraisal is currently underway. city Manager Sollenberger stated that a report will be returned at the February 2, 1998, regular Commission meeting; that an independent appraisal may not be completed; however, a report providing the remaining information requested by the Commission could be presented at that time. Mayor Pillot asked if the motion includes providing the Administration authority to conduct an independent appraisal. Commissioner Patterson stated yes. Commissioner Patterson continued that the Booker High School facility should be made available for after-school tutoring if the Homework Assistance Program is overcrowded at the police resource substation. Ms. Sheffield stated that Booker High School currently has an after-school program. Commissioner Patterson stated that the facility is large. Ms. Sheffield stated that, i.e., people working on a job all day do not want to go back to their workplace for extracurricular activities; that the students are in school all day; that going to a different facility is a refreshing break; that the students participate in the SCEAP with fresh minds; that after-school programs offered in County schools have not been totally successful. Commissioner Patterson stated that she was a school teacher for several years and tutored many students after school; that many teachers are willing to contribute extra time and effort to assist students. Commissioner Patterson continued that the City should not initiate the business of providing facilities to the School System including charter schools; that the SCEAP is a special program; that the students residing west of U.S. 41 are districted into the same schools as those living east of U.S. 41; that Bird Key and Longboat Key students are districted to Booker High School; that no east or west division exists. Commissioner Patterson further stated that the School Board is aware of the low test scores in City schools; that a joint meeting between the city Commission and the School Board should be scheduled to address pertinent issues. Vice Mayor Dupree stated that when he was in the School System, the teachers were willing to spend extra hours tutoring students after school; that the commitment of teachers today is not known; that although some school teachers are committed, times are different. Mayor Pillot stated that the SCEAP has presented tangible evidence of past results and specific measurable objectives for the future; that the Homework Assistance Program could serve school-age children in any neighborhood; however, the greatest need is in the Newtown area in which children can walk to the proposed facility at 2706 North Osprey Avenue;. that the SCEAP would provide a positive influence on Dr. Martin Luther King, Jr. Way; that nothing is more important for the entire community than to have 500 students enrolled in the SCEAP rather than engaging in drug-related activity on the street. On motion of Mayor Pillot and second of Vice Mayor Dupree, it was moved to amend the motion to direct the Administration that it is the Commission's intent to provide a one-third matching grant with the Sarasota County School Board and the Sarasota Board of County Commissioners to accumulate sufficient funds to meet the purchase price of the building at 2706 North Osprey Avenue after an appraisal satisfactory to the City Manager has been conducted. Commissioner Patterson stated that the amendment will not be supported; that the main motion refers the purchase of the building to the Administration for a recommendation; that funding sources must be researched; . that the Commission may be voting to eliminate funding from programs or projects to which funds have already been committed; that the City's portion could be reduced if funding from the Selby Foundation is available; that. the Administration should research all possible options before predetermining the amount the City will contribute. Mayor Pillot stated that private foundations are an excellent source of funding; however, the leadership of the Selby Foundation will be uncertain until a successor to the recently deceased Executive Director, Dr. Robert Perkins, has been appointed; that projects to which City funds have been committed should not be denied the funding; however, the total City contribution would be no more than approximately $100,000 even if the current purchase price of $375,000 is accepted. Mayor Pillot continued that the social behavior of young people is one of the greatest concerns in the City; that crime and drug usage is concentrated more in Newtown than in other parts of the BOOK 43 Page 15786 12/15/97 6:00 P.M. BOOK 43 Page 15787 12/15/97 6:00 P.M. city; that the $100,000 would be extremely well spent if several hundred children can be helped academically; that he would support authorizing the City Manager to allocate the funds necessary to provide the City's portion of the purchase price from the contingency reserve fund; that although the Commission cannot consistently drain the reserves throughout the remainder of the fiscal year, the funding should not be denied to a program which has a record of accomplishing as much social good as the SCEAP. Commissioner Cardamone stated that the amendment will not be supported; however, the main motion is supported; that the Commission should wait to hear the Administration's recommendation before specifically allocating funds. On motion of Commissioner Cardamone and second of Commissioner Patterson, it was moved to call the question. Motion carried (4 to 1): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, no. Vice Mayor Dupree called for a vote on the motion to amend the main motion. Motion failed (3 to 2): Cardamone, no; Dupree, no; Merrill, yes; Patterson, no; Pillot, yes. Vice Mayor Dupree called for vote on the motion to refer to the Administration the request for funding to purchase the building at 2706 North Osprey Avenue and direct the Administration to: 1) examine the current appraisal and order a new one if necessary, 2) examine the City's resources and if appropriate, recommend funding sources sufficient to meet the appraised value of the property, 3) recommend a mechanism with which the City could assist the Sarasota County Educational Assistance Program to find additional funding. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 17. CITIZENS . INPUT CONCERNING CITY TOPICS: (AGENDA ITEM VI) #3 (3315) through #4 (0225) The following people came before the Commission: Philip Dasher, 926 Boulevard of the Arts (34236), President of Marina Suites Association, stated that Ordinance No. 97-4024, passed on December 8, 1997, increased the decibel level from 70 decibels as measured on the A-weighted scale (dBA) to 75 dBA; that an increase in the allowable . decibel levels throughout the entire City is a concern; that at the August 4, 1997, regular Commission meeting, the Commission was requested to regulate the Quay Basin separately and to set the distance requirement from the middle of the Basin with a resultant increase or decrease in decibel levels; and read the following passages from that meeting: Commissioner Merrill: "that water causes a refraction of sound; that establishing separate standards for land areas and water areas is supported; that establishing standards for water areas would allow the standards to apply in areas other than just the Quay Basin; that applying the noise ordinance to St. Armands Key should be considered." Vice Mayor Dupree stated agreement with Commissioner Merrill. Ian Caddie, the sound specialist hired by the City: "that the preliminary report issued in October 1996 which recommended a maximum sound level of 70 dBA covered various areas with different circumstances; that the field studies included measurements taken at the Sarasota Quay where the sources of sound and the resonances are closer in proximity than in the Commercial-Central, Business District (C-CBD) Zone District; that a maximum sound level of 70 dBA was recommended on the basis of the total study; that more recent study focusing on only the sound levels in the Downtown indicates that ambient level exceeded 70 dBA on several occasions.. . that different sound levels could be applied to noise sensitive areas; that the maximum sound levels could be based on unique sets of circumstance, i.e., one level could be applied for the C-CBD Zone District and another level at the Sarasota Quay." Mayor Pillot: "that establishing regulations in the ordinances specific to different parts of the City is supported; that the water at the Quay creates a circumstance diffèrent than other parts of the City; that differences exist in Downtown compared to St. Armands Key; that criteria should be established based on specific circumstances and the ordinance applied Citywide; that an Administration recommendation should be brought back before the Commission considers a change in maximum sound levels." Commissioner Cardamone: "that the Zoning Code amendment process should be initiated with regulations specific to the Downtown, St. Armands Key, and Sarasota Quay, the areas where problems with noise have been identified." Motion: On motion of Commissioner Patterson and second of Commissioner Cardamone, it was moved to refer to the Administration for a report back as soon as possible with recommendations on the following issue(s): c) a noise sensitive area for the Sarasota Quay." Mr. Dasher stated that the Commission is requested to review the minutes of the August 4, 1997, regular Commission meeting before addressing the noise ordinance again. BOOK 43 Page 15788 12/15/97 6:00 P.M. BOOK 43 Page 15789 12/15/97 6:00 P.M. Commissioner Cardamone asked if the issues raised by Mr. Dasher should be referred to the Administration? V. Peter Schneider, Deputy City Manager, came before the Commission and stated that the Administration and the City Attorney's Office will work together to resolve noise issues in the City. Jessie Johnson, 919 Goodrich Avenue (34236), stated that representatives of the Sarasota County Educational Assistance Program (SCEAP), under Scheduled Presentations, Agenda Item V, requested the Commission to fund the purchase of a building at 2706 North Osprey Avenue to house programs conducted by the SCEAP including the Homework Assistance Program; that the proposed building is located in the heart of the Newtown neighborhood in which drug dealers operate; that although a plan has been developed to help the youth, the Commission is suggesting the funds required to purchase the building should be solicited from the County and the School Board; that the School System has failed the children; that many 11- and 12-year-old minority children are not in school; that proper education discourages drug use; that children are told by drug dealers that selling drugs is acceptable and that going to school is unnecessary; that the Commission should walk the streets of Newtown to determine the conditions firsthand. Ernest Dubose, 2721 22nd Street (34234), stated that humanity should be mixed with business; that the mountain will not come to Mohammed; that Mohammed must go to the mountain; that a mountain of crime exists in Newtown; that he contributes time and effort to community service; that the building at 2706 North Osprey Avenue could potentially be converted into a nightclub for which the City probably would be required to hire three police officers with salaries averaging $39,000 per year or approximately $90,000; that the cost over five years would be approximately $450,000. Mr. Dubose continued that an appraisal should be performed to determine the value of the building at 2706 North Osprey Avenue; that the City should not depend on the Sarasota Board of County Commissioners and/or the Sarasota County School Board to provide funds; that the SCEAP is proposing establishment of an educational facility in the highest-crime rate neighborhood in the City; that petitioning the School Board could cause delays in the funding of the purchase and result in more children ending up in the streets; that 500 students could be taught the correct way to live by participation in the Homework Assistance Program; that funds for the building should be allocated from city resources as the crime rate is concentrated in the City; that saving the expense of having to pay one police officer by renovating the building into an educational facility would make the purchase worthwhile. 18. UNFINISHED BUSINESS: APPROVAL RE: AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE THE SETTLEMENT AGREEMENT, RELEASE, DISCHARGE AND TERMINATION FOR SETTLEMENT OF THE JOHN RINGLING CENTRE FOUNDATION, INC., (FOUNDATION) V. C. ROBERT BUFORD (BUFORD) V. CITY OF SARASOTA, CASE NO. 96- 1611 PENDING IN THE UNITED STATES DISTRICT COURT, MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION, CASE NO. 96-1611-CIV- T-23E - APPROVED (AGENDA ITEM VII-3) #4 (0240) through (0420) Mark Singer, City Attorney's Office, came before the Commission and stated that the John Ringling Centre Foundation, Inc., C. Robert Buford, and the City of Sarasota have negotiated a mediated settlement agreement; that approval of the Settlement Agreement, Release, Discharge, and Termination, which has been executed by the Foundation and Mr. Buford, will resolve the pending litigation and result in a termination of the Three-Party Agreement, thè Security Agreement, and the Subordination Agreement; that approval and exeçution by all three parties is required; that one change has been made to the final document; that the phrase "or will be" has been deleted from the following paragraph since the Foundation and Mr. Buford have entered into a separate confidential settlement agreement in which disputed claims to the 11.27 acres on which the John Ringling Towers and Bickel House are located have been fully resolved: Page 2: Whereas, the Foundation and Buford have entered into a separate agreement between themselves under which their disputed claims to the property have been or will be amicably and fully resolved and settled, and unified title to the property has been transferred to Buford. City Manager Sollenberger stated that the Administration recommends approving the Settlement Agreement, Release, Discharge and Termination, and authorizing the Mayor to execute same. Mayor Pillot asked the definition of "settlement agreement" in the Administration's recommendation. Attorney Singer stated that the reference is to the public document in which the parties have agreed to settle various claims which have been or could be brought in the litigation in Federal District Court; that by executing the document, the attorneys will have the authority to execute a stipulation for final dismissal with prejudice and to submit same to the Court for final execution. Mayor Pillot stated that the Commission is not being asked to comment on the confidential settlement agreement entered into solely by the Foundation and Mr. Buford. Attorney Singer stated that is correct. On motion of Commissioner Çardamone and second of Commissioner BOOK 43 Page 15790 12/15/97 6:00 P.M. BOOK 43 Page 15791 12/15/97 6:00 P.M. Patterson, it was moved to approve the Settlement Agreement, Release, Discharge and Termination and to authorize the Mayor to execute the same. Motion carried unanimously (5 to 0) : Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. Mayor Pillot stated that hearing no objections, the Commission will proceed with the agenda items which members of the public have been waiting in the audience to address. 19. UNFINISHED BUSINESS: DISCUSSION RE: REQUEST FOR FINANCIAL ASSISTANCE FROM THE GREATER NEWTOWN COMMUNITY REDEVELOPMENT ÇORPORATION - AUTHORIZED AN ALLOCATION OF $128,000; ADMINISTRATION TO PREPARE AN APPROPRIATION AND A SCHEDULE FOR FUNDS DISBURSEMENT (AGENDA ITEM VII-4) #4 (0450) through (3044) Jetson Grimes, President, and Fredd Atkins, former City Commissioner and Mayor, and Dorothy Clark, President, Leon Neighborhood Association, representing The Greater Newtown Community Redevelopment Corporation, came before the Commission. Mr. Grimes stated that a request for financial assistance for The Greater Newtown Community Redevelopment Corporation was made to the Commission on October 6, 1997, at which time the matter was referred to the Administration; that on October 27, 1997, he and Mr. Atkins met with City Manager Sollenberger to discuss the issue; that the Corporation subsequently responded to a letter from the city Manager requesting further clarification. Mr. Atkins read the following from page 11 of the first draft of the Neighborhood Element for the Comprehensive Plan Update: First, is a recognition that a "one-size-fits-all" approach to addressing neighborhood issues, concerns, problems, and opportunities must yield to new programs and initiatives that are customized and sensitive to the uniqueness of each neighborhood within the City. Mr. Atkins stated that the Greater Newtown Community Redevelopment Corporation brings uniqueness to the City. Ms. Clark stated that redevelopment of Newtown has been a long- term goal; that a program to rebuild the Greater Newtown economy has been developed; that the Corporation has established a Board of Directors; that many community members are willing to put forth the effort necessary to make the Corporation's program a successi that City efforts have focused primarily on the Rosemary District; that the Newtown community deserves consideration; that the City has funds available to assist the Corporation; that City officials should attend the Corporation's Board meetings to gain insight on the needs in Newtown; that the Commission is requested to cease delay tactics and to work with the Corporation in redèveloping the Newtown community. City Manager Sollenberger stated that the Commission previously indicated a desire to provide support to the Corporation through the City's Department of Neighborhoods and Redevelopment; that the Corporation would prefer a contractual basis with the City and to act as an independent agent in undertaking economic development activities in Newtown; that the contract initiated between the Community Redevelopment Agency of the City of Tampa and the Ybor City Development Corporation, which has been reviewed, includes specific guidelines; that although the Corporation's response letter provided greater clarification than the original request, the information provided was not specific enough to incorporate into the type of contract necessary to provide accountability for expenditure of public funds. City Manager Sollenberger continued that the following alternatives are available if the Commission is to provide financial assistance to the Newtown Community Redevelopment Corporation: 1) through the Department of Neighborhoods and Redevelopment similar to the City's approach with the Rosemary District or 2) through a contractual mechanism, as requested by the Corporation, with the amount of funding determined based on specific activities to be performed. Vice Mayor Dupree stated that the Corporation is requesting $200,000 to fund the positions of an Executive Director, an Assistant Director, an Administrative Assistant, and consultants fees; that the question is whether the Commission supports providing the funds to the Corporation on a contractual basis. Mayor Pillot asked the funding source which would be utilized if the Commission approves the request? City Manager Sollenberger stated that the expenditure may qualify for Community Development Block Grant (CDBG) funds; however, the maximum amount allowed for administrative costs out of CDBG funds has already been expended by the City; therefore, the funds would have to be allocated from the General Fund Balance. Mr. Atkins stated that other funding sources could be evaluated, e.g., the Law Enforcement Trust Funds or the community contribution offered by Wynnton Group, Inc., in conjunction with the Renaissance Project proposed on the former Mission Harbor site; that the CDBG funds allocated for a storefront program and to purchase a parking lot on Dr. Martin Luther King, Jr., (MLK) Way could potentially be used; that the $200,000 requested would enhance the Corporation's ability to move forward with plans and programs developed; that a community-based organization can best accomplish the in-depth assessments necessary; that improvements to Newtown are vital to the redevelopment of the entire Sarasota BOOK 43 Page 15792 12/15/97 6:00 P.M. BOOK 43 Page 15793 12/15/97 6:00 P.M. North area. Commissioner Cardamone stated that the City's new Director of Neighborhoods and Redevelopment has been hired; and asked if the Director could be assigned to work with the Corporation? Mr. Grimes stated that assistance from city Staff and others will be beneficial and accepted; however, the Corporation, which has the expertise and sensitivity to deal with issues unique to Newtown, should act as an independent agent. Commissioner Patterson asked if Law Enforcement Trust Fund dollars or the funds allocated for parking areas are available funding sources? City Manager Sollenberger stated that the City's 1996 CDBG program includes funds to purchase land for a parking lot on Dr. MLK Way; however, the Corporation would be performing planning activities categorized as an administrative cost; therefore, the CDBG funds could not be used; that the potential use of Law Enforcement Trust Fund dollars could be researched. Commissioner Cardamone asked if the community contribution funds associated with the Renaissance Project could be used? City Manager Sollenberger stated that a portion of the $1 million community contribution is designated for specific uses; that the remaining funds will be allocated at the discretion of Wynnton Group, Inc.; that the Commission could request a portion of the funds be designated to the Greater Newtown Community Redevelopment Corporation but Wynnton would not be obligated to honor the request. Commissioner Cardamone asked how the City of Tampa funded the Ybor City Development Corporation? City Manager Sollenberger stated that an agreement was developed under which the Tampa Community Redevelopment Agency contributed $100,000 annually to the Ybor City Development Corporation in exchange for specific activities performed. Commissioner Cardamone stated that an advisory board similar to the City's Rosemary District Redevelopment Advisory Board was also established to enhance redevelopment of Ybor City. Vice Mayor Dupree stated that the Commission has allocated $1 million for capital improvements, $200,000 for a storefront program, and $100,000 for off-street parking on Dr. MLK Way; that the Corporation is attempting to facilitate additional capital improvements through networking and creating alliances with other organizations; that transferring a portion of previously allocated funds toward the Corporation's efforts should be considered. On motion of Mayor Pillot and second of Vice Mayor Dupree, it was moved to authorize an allocation of $128,000 to the Greater Newtown Community Redevelopment Corporation with the remaining $72,000 of the $200,000 request to be released when more specific plans for the consultants have been submitted to the Administration. Mayor Pillot stated that the motion makes a commitment to the Newtown community and entrusts the Corporation to accomplish the goals discussed; that requiring additional information regarding how the consultants will be used before allocating funds for the fees is reasonable; that the community leaders before the Commission and others involved with the Corporation understand the needs in Newtown and are best qualified to achieve the changes desired; that independence is necessary for the Corporation to operate successfully. Commissioner Cardamone stated that the endeavor is supported; however, she agrees the proposed consulting services should be clarified; that an expenditure of public funds belonging to all citizens of the City of Sarasota has been requested; that the Corporation should utilize the expertise of the newly hired Director of Neighborhood and Redevelopment, who comes to the City from another State and could provide a fresh perspective on the needs of the north and east sections of the City; that the Corporation plans to target a large geographic area; that the Corporation's Board should be expanded to include representatives from Bayou Oaks, Indian Beach/Sapphire Shores, and other neighborhoods affected by activities within the defined boundaries of the Greater Newtown area. city Auditor and Clerk Robinson stated that the time is 11:30 p.m.; that the Commission's Rules of Procedure require a motion to extend the meeting past 11:30 p.m. On motion of Mayor Pillot (who passed the gavel to Vice Mayor Dupree) and second of Commissioner Cardamone, it was moved to extend the meeting to complete the following items: Unfinished Business, Item VII-3, currently under discussion New Business, Item VIII-3, regarding proposed Ordinance No. 98-4037 New Business, Item VIII-4, regarding appointment of new Code Enforcement Special Master New Business, Item VIII-6, regarding a stormwater drainage project for Goldenrod and Hibiscus Streets Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; BOOK 43 Page 15794 12/15/97 6:00 P.M. BOOK 43 Page 15795 12/15/97 6:00 P.M. Merrill, yes; Patterson, yes; Pillot, yes. Commissioner Cardamone stated that consideration should be given to providing the constituency of Newtown an opportunity to elect certain members to the Corporation's Board; that an election process would add more credibility to the organization and provide for broader community representation. Commissioner Patterson stated that the Corporation's efforts are supported; that the $1 million allocation from the L.O.S.T. extension for infrastructure improvements on Dr. MLK Way was made at her initiative; however, other neighborhood associations in District 1, which also have limited resources and members who volunteer time and effort to community service, are not provided public funds for salaries; that allocating funds to the Corporation for staff salaries cannot be supported; that the cities which have provided funds to community redevelopment corporations are much larger than the City of Sarasota; that the City of Tampa has allocated funding for a similar purpose; however, the Ybor City Development Corporation is required to perform specific activities, e.g., assist in clearing of building sites, not simply to develop a plan; that other advisory boards and neighborhood associations have assisted the City in developing plans; that City resources and funds are limited and should be allocated evenly throughout the City. Commissioner Patterson continued that an elective process has been used in other cities which have established redevelopment boards; that those elected board members were instrumental in selecting and hiring salaried personnel; that the Corporation's Board will be comprised of the same people who want to create and assume the salary positions and whose board member positions will be renewed by decisions of that Board; that appointing community leaders to a non-salaried advisory board which would develop a plan and subsequently provide input on the hiring of specific personnel to implement that plan could be supported; however, the proposal as presented tonight cannot. Commissioner Merrill stated that the Commission has allocated $1 million for infrastructure improvements in the Newtown community, $200,000 for improvements to Dr. Martin Luther King, Jr. Park, $100,000 for a storefront program, and $200,000 for a parking lot on Dr. MLK Wayi that a request for an additional $375,000 for a program targeted in the Newtown area was reviewed earlier in the meeting; that similar levels of funding have not been allocated in other parts of the City; that the City's resources are not unlimited; that public funds should not be expended without knowing the specific activities for which the funds will be used; that the Corporation is requesting independence; that providing financial assistance under City direction would be preferred; that previous requests to provide funding for presidents of neighborhood associations, whose efforts benefit the City, have not been supported; that those leaders continue to work in the community; - that many of the successes in City neighborhoods have been achieved through the efforts of volunteers; that absent an Administration's recommendation that a clèar plan has been developed, including controls, procedures, and policies outlining the specific use of the public funds, an allocation of funds to the Corporation in addition to the $1.5 million allocated to provide economic incentives in the Newtown area cannot be supported; that volunteers should develop a plan and advise the City as to how the $1 million reserved for infrastructure improvements would best benefit the Greater Newtown community. Commissioner Cardamone stated that the concerns raised by Commissioners Patterson and Merrill are valid; that the Corporation will be assuming a tremendous burden and be held accountable for the public funds provided; that the benefits which could be achieved through the program proposed by the Corporation are greatly desired; that an allocation of $100,000 would be preferred but the motion will be supported with the hope the Corporation will utilize the expertise of the City's new Department of Neighborhoods and Redevelopment and not request additional funding for consultants; that an annual allocation of City funding to the Corporation is not envisioned. Mayor Pillot stated that other City neighborhoods have leaders who have stepped forward without receiving compensation through public funds for their efforts; that the results have been substantial; however, after living in Sarasota for 34 years and being employed by the Sarasota County School Board, he is convinced the concerns and social needs in the Newtown community are greater than anywhere elsé in the City of Sarasota; that anything which happens positively or negatively in the Greater Newtown area affects the entire City; that an allocation of $128,000 or $200,000, if the specific purpose for consulting fees is submitted to the Administration, is a bargain based on the benefits the City will receive; that volunteerism is essential, but the full scope of concerns cannot be addressed by volunteers alone. Commissioner Cardamone asked if the intent of the motion is to refer the authorization for funding to the Administration for development of a more specific plan? Mayor Pillot stated that the motion authorizes an allocation of $128,000 based on the Organizational and Planning budget presented by the Corporation with the additional $72,000 for consultant fees to be withheld subject to submittal of specific plans approved by the City Manager; that the source of funding will be left to the discretion of the Administration; however, the Administration will have no involvement in directing the use of the funds. BOOK 43 Page 15796 12/15/97 6:00 P.M. BOOK 43 Page 15797 12/15/97 6:00 P.M. Commissioner Cardamone asked if the Corporation would work with the City's Director of Neighborhoods and Redevelopment? Mr. Grimes stated that the Corporation would not have a problem working with the Director of Neighborhoods and Redevelopment. Commissioner Cardamone asked if the Corporation's Board will be expanded to include representatives from other neighborhoods affected by activities within the boundaries of the Greater Newtown area? Mr. Atkins stated that the report submitted to the Commission references the Corporation's intent to expand membership on the Board. Commissioner Cardamone stated that the report indicates the Board will consist of 9 to 25 members; that electing a substantial number of the members would ensure community support for the Corporation's endeavors; and asked if a process by which a certain number of members would be elected to the Board will be pursued? Mr. Grimes stated that numerous organizations operating in the Greater Newtown area are working to achieve similar results; that the Corporation's Board will be comprised of representatives from each of those organizations. Commissioner Cardamone stated that representatives elected by the organizations would provide a broad perspective of the community on the Corporation's Board; and asked if the organizations will be requested to elect representatives? Mr. Grimes stated yes; that diversity on the Board is desired; that periodic Board reports will be provided to the City Commission. Ms. Clark stated that Greater Newtown Community Redevelopment Corporation meetings are held weekly on Tuesdays at 7:30 a.m.; that Sarasota North Action Plan (SNAP) meetings begin at 11 a.m.i that the meetings are open to the public and the Commissioners are welcome to attend. Commissioner Patterson asked the number of members currently serving on the Corporation's Board and when personnel for the three salaried positions will be selected? Mr. Grimes stated that nine members currently serve on the Board; that personnel will be selected once funding becomes available. Commissioner Patterson asked if nine Board members will select personnel for the three salaried positions? Mr. Grimes stated that the Board will receive community input on the selection of the three salaried positions. Commissioner Patterson asked if a Board member's assuming a salaried position is addressed in the Corporation's by-laws? Mr. Grimes stated that personnel holding salaried positions will not be allowed to serve on the Board. Commissioner Patterson stated that board members traditionally cannot become salaried personnel. Commissioner Cardamone stated that a Board member's voting to hire himself for a salaried position could be viewed as a conflict of interest. Mayor Pillot stated that he is aware of at least one instance in which a strong leader in the community served on the board of directors and then was hired as the salaried executive director. Commissioner Cardamone asked if the intent of the motion is to have the Administration report back to the Commission before the additional $72,000 for consultant fees are released? Mayor Pillot stated yes. Commissioner Merrill stated that the funds will be allocated from the General Fund Reserves; that authorizing an expenditure of $128,000 for unspecified purposes and an additional $72,000 for undefined consulting services without identifying an available funding source is irresponsible; that arbitrarily allocating funding for projects which the Commission likes sends the wrong message to community organizations, who will continue seeking funds the City does not have available. Mayor Pillot stated that respectful disagreement on the Commission benefits the community; however, he does not appreciate being labeled irresponsible. Commissioner Merrill stated that the action, not the person making the motion, was labeled as irresponsible. Commissioner Cardamone stated that Commissioner Merrill's issue of expending funds without an identified funding source is valid; that an expenditure of $72,000 for consultant fees may not be supported when the item is returned to the Commission; however, the City annually expends $390,000 for street sweeping, policing, etc., on Dr. MLK Way from U.S. 301 to U.S. 41, which is only one portion of the Greater Newtown area; that the funds are expended to maintain the current conditions, which are not acceptable; that a $128,000 investment in the Corporation could save City funds and resources in the future. BOOK 43 Page 15798 12/15/97 6:00 P.M. BOOK 43 Page 15799 12/15/97 6:00 P.M. Vice Mayor Dupree stated that City funds belong to all taxpayers; that Commissioners consistently raise the question of accountability when organizations from District 1 request public funding, which bothers him; that substantial funding is expended to decorate, maintain, and stripe the streets in the Downtown area; that areas north of 10th Street do not resemble the Downtown area; that the streets are not striped with bicycle lanes, etc.; that allocating funds to projects which will benefit the community is not an irresponsible act; that funding should be identified for projects requested in the Gillespie Park and Park East neighborhoods as well as other individual neighborhoods; that tonight the Commission is considering a request to assist the Greater Newtown area. Commissioner Merrill stated that most people compare the differences north of 10th Street to the Downtown; however, the City is not just north of 10th Street and Downtown but also includes areas east of Tuttle Avenue, south of Ringling Boulevard, and other neighborhoods in District 3; that the tax base has increased and the City is receiving a return on the investment made Downtown; that infrastructure improvements throughout the City generally have been supported; that the City has a Planning Department and recently established a new Department of Neighborhoods and Redevelopment to address revitalization and redevelopment in the City; that the Corporation's request is viewed as a duplicative effort; that the Commission assumes the funds will be spent on salaries as presented in the Corporation's budget, but the motion does not stipulate the funds be expended according to the budget; that the existing conditions in Newtown are not acceptable; however, the problems will not be solved by writing a check for $128,000 and hoping the problem goes away; that a clear plan developed with involvement from the City's Planning Staff, Redevelopment Director, and people in the neighborhood is necessaryi that efforts pursued and projects funded in the past have not resolved the problems on Dr. MLK Way; that an accountable plan outlining how results will be achieved should be presented before additional public funds are allocated; that the proposal set forth would not be supported by personal finances absent a clear funding source or the use for the funds identified; that allocating public funds for the proposal as presented is an irresponsible act. Commissioner Patterson agreed; and stated that the streets north of 10th Street may not have striping for bicycle lanes but neither do streets in other neighborhoods with insufficient width; that the Administration developed and the Commission adopted Citywide plans for the installation of sidewalks and bicycle lanes; that the Commission did not specifically choose or exclude areas; that the plans were based on criteria determined and field studies conducted by Staff; that substantial funds have been allocated to the Downtown area with the sense that the majority of citizens derive enjoyment from the Downtown; that the Commission has allocated at least $2 million for projects on Dr. MLK Way, which is an amount substantially greater than that allocated for any other commercial area in the city, except the Downtown; that initiatives in the Newtown community have generally been supported; that hopefully the votes which will carry the motion will produce something meaningful; however, she will not support an expenditure of public funds to salary the community leaders of one. neighborhood. Commissioner Patterson continued that the ease with which the Commission expends the city's reserve funds, without even asking for the current Fund Balance or a comparative analysis to prior years, worries her; that salaries are a recurring expense; that I if the motion passes, the Commission will have difficulty denying a similar request from the Corporation next year or from other neighborhoods whose leaders are struggling to make a living while representing the community. Commissioner Cardamone stated : that the motion creates a real burden for the Corporation to succeed and achieve results, without which she will not support a request for funding next year. Vice Mayor Dupree called for a vote on the motion to authorize an allocation of $128,000 to the Gréater Newtown Community Redevelopment Corporation with 'the remaining $72,000 of the $200,000 request to be considered when more specific plans for the consultants have been submitted to and are recommended by the Administration. Motion carried (3 to 2): Cardamone, yes; Merrill, no; Patterson, no; Pillot, yes; Dupree, yes. City Manager Sollenberger stated that an appropriation from the General Fund Balance will be prepared and brought back to the Commission for approval with an agreement mutually acceptable to both parties drafted for disbursement of the funds; that the Corporation should be scheduled to report back to the Commission on a monthly basis. Commissioner Patterson stated that $128,000 has just been allocated for the Corporation to provide a plan for Newtown; that the Commission previously allocated $10,000 to SNAP to provide a plan for north Sarasota; that SNAP intended to seek funding from Sarasota County and to apply for a $90,000 grant from the Environmental Protection Agency (EPA) ; that a report from SNAP representatives should also be scheduled. 20. NEW BUSINESS: APPROVAL RE: SET FOR PUBLIC HEARING PROPOSED ORDINANCE NO. 98-4037, AMENDING THE SARASOTA CITY CODE, CHAPTER 2, ARTICLE V, RELATING TO BOARDS TO ESTABLISH A CITIZEN'S TAX OVERSIGHT COMMITTEE: SETTING FORTH FINDINGS BOOK 43 Page 15800 12/15/97 6:00 P.M. BOOK 43 Page 15801 12/15/97 6:00 P.M. TO JUSTIFY THE CREATION OF SAID BOARD: STATING THE PURPOSE AND RESPONBIBILITIES FOR SUCH BOARD: PROVIDING FOR THE COMPOSITION, APPOINTMENTS, TERMS OF OFFICE AND PROCEDURES OF THE BOARD; AMENDING CHAPTER 2, ARTICLE VI, RELATING TO FINANCE, PURCHASING AND SALES TO PROVIDE A PROCEDURE FOR MODIFYING THE CITY OF SARASOTA PROJECT LIST FOR THE INPRASTRUCTURE SURTAX FOR PROJECT LIST OR ALLOCATION OF PROCEEDS; REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR THE SEVERABILITY OF PARTS HEREOF; ETC. - REVISED; SET FOR PUBLIC HEARING ON JANUARY 5, 1998 (AGENDA ITEM VIII-3) #4 (3044) through (3396) City Manager Sollenberger stated that Sarasota County Ordinance No. 97-083 extends the Local Government Infrastructure Sales Tax of one percent for a period of ten years commencing September 1, 1999, and provides for the establishment of Citizen Tax Oversight Committees by each local governing body located within Sarasota County, as set forth in a referendum approved by a majority of the electors on November 4, 1997; that proposed Ordinance No. 98-4037 establishes the Citizen Tax Oversight Committee for the City of Sarasota, as required within ninety days of voter approval. city Attorney Taylor referred to Section 2-298(a); and stated that an ambiguity exists in the language as currently drafted; that the language implies each at-large commissioner will appoint two members; that the intent is for each of the five Commissioners to appoint one member; that the language will be revised accordingly. Commissioner Cardamone stated that each Commissioner should appoint two member to the Committee to provide for additional oversight and dialog. On motion of Commissioner Cardamone and second of Vice Mayor Dupree, it was moved to set proposed Ordinance No. 98-4037 for public hearing on January 5, 1998, with Section 2-298(a) revised to provide for a Citizen Tax Oversight Committee comprised of 10 members and two members appointed by each of the five Commissioners. Commissioner Patterson stated that the responsibility of the Committee is limited; that the Committee does not have the option of suggesting changes or providing input on changes in allocations made by the Commission; that finding citizens who are willing to serve on the Committee may be difficult; that, additionally, the ordinance as drafted requires District Commissioners to appoint from within their district. On motion of Commissioner Patterson and second of Commissioner Merrill, it was moved to amend the motion to further revise Section 2-298(a) by. deleting the requirement for District Commissioners to appoint from within their District. Motion carried unanimously (5 to. 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. Mayor Pillot called for a vote on the motion to set proposed Ordinance No. 98-4037 for public hearing on January 5, 1998, with Section 2-298(a) revised to provide for a Citizen Tax Oversight Committee comprised of 10 members with two members from any city District appointed by each of the five Commissioners. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 21. NEW BUSINESS: APPROVAL RE: APPOINTMENT OF NEW CODE ENFORCEMENT SPECIAL MASTER = APPOINTED RICHARD ELLIS AS THE NEW CODE ENFORCEMENT SPECIAL MASTER; AUTHORIZED ADMINISTRATION TO ADVERTISE FOR APPLICANTS FOR THE ALTERNATE CODE ENFORCEMENT SPECIAL MASTER POSITION AND TO ESTABLISH A SCREENING PANEL TO PRESENT THE TOP THREE OUALIFIED CANDIDATES (AGENDA ITEM VIII-4) #4 (3390) through (3446) Timothy Litchet, Manager of Building, Zoning, and Code Enforcement, came before the Commission and stated that the Code Enforcement Special Master, Lawrence Robinson, has announced his retirement effective December 31,, 1997; that appointment of a new Code Enforcement Special Master and an alternate Code Enforcement Special Master is required by the City Commission. City Manager Sollenberger stated that the Administration recommends appointing Richard Ellis, the current alternate, as the new Code Enforcement Special Master effective January 1, 1998, and authorizing the Administration to advertise for applicants for the alternate Code Entorcement Special Master position and to establish a screening panel to present the top three qualified candidates to the Commission for consideration. On motion of Commissioner Patterson and second of Commissioner Cardamone, it was moved to approve the Administration's recommendation. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. Commissioner Cardamone asked if delaying consideration of Unfinished Business, Item No. VII-2, will in any way negatively affect the time frame for the Renaissance Project? City Manager Sollenberger stated no. 22. NEW BUSINESS: DISCUSSION RE: STORMWATER DRAINAGE CAPITAL IMPROVEMENT PROJECT FOR HIBISCUS / GOLDENROD STREET (AGENDA ITEM VIII-6) #4 (3446) through #5 (0225) BOOK 43 Page 15802 12/15/97 6:00 P.M. BOOK 43 Page 15803 12/15/97 6:00 P.M. V. Peter Schneider, Deputy City Manager, stated that the Hibiscus/Coldenrod Street capital improvement project was initiated by Sarasota County in July 1997; that several completion dates have been promised, but the project has not been completed; that a meeting was held with County representatives on Friday, December 12, 1997; that assurance was received the piping construction work would be completed in a timely manner; that the County's Transportation Director has requested an opportunity to address the Commission. Commissioner Cardamone distributed photographs depicting the conditions existing on Hibiscus/Soldenrod Streets since July 1997; and stated that numerous complaints have been received; that the conditions are deplorable and unacceptable and will remain as such through the Christmas holiday. Commissioner Cardamone stated that a letter dated December 11, 1997, from Jo Walter Spear Jr., Engineer II, Sarasota County Government, to Duane Mountain, Streets, Landscape Maintenance & Solid Waste Manager, city of Sarasota, indicates work on the project will begin on December 15, 1997, and be completed by January 12, 1998; and cited the following from the letter: I appreciate the City's patience and generosity with the complications that have arisen with this project due to poor communication on the part of Sarasota County. Commissioner Cardamone stated that the subject project is another example of the failure of the Interlocal Agreement for Consolidated Stormwater Management. John Goodknight, Transportation Director, and William Nichols, Deputy Director of Operations, Transportation Department, Sarasota County Government, came before the Commission. Mr. Goodknight stated that Mr. Nichols recently assumed responsibility for overseeing the ibiscus/Coldenrod Street project; that the work to date has not been performed to the standards expected, regardless of the extenuating circumstances which may have arisen; that the County acknowledges the work performed has not been satisfactory and the residents have been inconvenienced; that steps have been identified to correct and prevent similar situations from occurring in the future. Mr. Nichols stated that several instances occurred which did not enhance conclusion of the project; however, no excuses are offered. Commissioner Patterson stated that the letter to Mr. Mountain indicates the project will be completed on or before January 12, 1998. Commissioner Cardamone asked if the project will be completed by January 12, 1998? Mr. Goodknight stated that absent catastrophic acts of nature, the project will be completed as scheduled; that the storm activity over the past three months required rescheduling of work crews for emergency response to system failures; however, the Hibiscus/Coldenrod Street project should have been completed long ago. Commissioner Patterson stated that the personal appearance and response by the County's Transportation Director has been appreciated. City Auditor and Clerk Robinson reminded the Commission that the public hearings on the proposed Sidewalk Cafe and Open-Air Dining ordinances will be held at a special City Commission meeting scheduled on December 17, 1997, at 6 p.m. Mayor Pillot stated that hearing no objections, the remaining items from the December 15, 1997, regular City Commission meeting shall be placed on the agenda for the December 17, 1997, special City Commission and considered as time permits. 23. ADJOURN (AGENDA ITEM XII) #5 (0225) There being no further business, Mayor Pillot adjourned the regular meeting of December 15, 1997, at 12:30 a.m. 5n2 26 507 GENE PILLOT, MAYOR 7 98 BIILY ROBINSON, CITY AUDITOR AND CLERK BOOK 43 Page 15804 12/15/97 6:00 P.M.