BOOK 50 Page 22143 12/03/01 6:00 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF DECEMBER 3, 2001, AT 6:00 P.M. PRESENT: Vice Mayor Mary J. Quillin, Commissioners Richard F. Martin, Lou Ann R. Palmer, and Mary Anne Servian, City Manager Designate Michael A. McNees, City Auditor and Clerk Billy E. Robinson, and City Attorney Richard J. Taylor ABSENT: Mayor Carolyn J. Mason PRESIDING: Vice Mayor Quillin The meeting was called to order in accordance with Article III, Section 9(a) of the City of Sarasota Charter at 6:02 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. PRESENTATION RE: EMPLOYEE OF THE MONTH FOR NOVEMBER 2001, POLICE OFFICER 197 CLASS DEBRA A. ROSSNAGLE, POLICE DEPARTMENT, / CRIME PREVENTION UNIT #1 (0070) through (0205) CD 6:01 through 6:03 Vice Mayor Quillin requested that City Manager Designate McNees, Gordon Jolly, Chief of Police, and Debra Rossnagle, Police Officer 1st Class, Sarasota Police Department (SPD), and Employee of the Month for November 2001, join her and the Commission at the Commission table for the presentation. Vice Mayor Quillin stated that presenting the Employee of the Month award is always a pleasure; that the Employee of the Month Award highlights the accomplishments of City employees; that positive contact has been established with Officer Rossnagle in working with the Neighborhood Watch Program. Chief Jolly stated that Officer Rossnagle has a very professional approach to crime prevention duties which include overseeing the Trespass Enforcement Program, conducting security surveys, handling community sexual predator notifications, conducting streetlight reviews, convenience store inspections, and representing the SPD as a member of the Development Review Committee; that Officer Rossnagle is an authority on the Crime Prevention Through Environmental Design (CPTED) Program which is a proactive strategy to prevent crime through prior planning of building designs; that numerous presentations concerning crime prevention programs are made to various groups; that the work product produced is careful and complete; that contacts with the public are always positive; that quality customer service is provided to co-workers, citizens, and other law enforcement officers; that letters of appreciation and commendation to Officer Rossnagle for the crime prevention presentations are frequently received; that the City is a safer place due to her professional work in the Crime Prevention Unit which reflects great credit upon the City and SPD as well as herself. City Manager Designate McNees stated that recognition of City employees who understand the mission of the City is a pleasure; that the crime prevention efforts are appreciated. Vice Mayor Quillin stated that working with Officer Rossnagle on neighborhood programs over the years has been a pleasure; that Officer Rossnagle has a good rapport with the community; that questions and concerns from the community elicit a quick response. Vice Mayor Quillin presented Officer Rossnagle with a City-logo watch, a plaque, and a certificate as the November 2001 Employee of the Month in appreciation of her unique performance with the City of Sarasota; and congratulated her for her outstanding efforts. 2. PRESENTATION RE: MAYOR' S CITATION PRESENTED TO JENNIFER WILSON, NEIGHBORHOOD COORDINATOR OF THE GREATER DOWNTOWN SARASOTA ACTION TEAM, FOR HER EFFORTS AND THE GREATER DOWNTOWN SARASOTA ACTION TEAM FOR THE ORGANIZATION' S INITIATIVES IN SUPPORTING SARASOTA MEMORIAL HOSPITAL/: S RECENTLY ESTABLISHED COMMUNITY OUTREACH PROGRAM WITH THE THEME, I "GET BETTER SARASOTA THROUGH PREVENTION AND EDUCATION" #1 (0205) through (0340) CD 6:06 through 6:17 Vice Mayor Quillin requested that Commissioner Servian join her for the presentation. Commissioner Servian requested that Jennifer Wilson, Neighborhood Coordinator, Greater Downtown Sarasota Action Team (GDSAT), join her and the Commission before the Commission table. BOOK 50 Page 22144 12/03/01 6:00 P.M. BOOK 50 Page 22145 12/03/01 6:00 P.M. Commissioner Servian read in its entirety the Mayor's Citation to Ms. Wilson indicating that her efforts with the recently established Sarasota Memorial Health Care System community outreach initiative with the overall theme, "Get Better Sarasota through Prevention and Education" are appreciated; that the long-term goal of the initiative is to improve health indicators for the citizens of the City and County in the areas of cardiovascular disease, cancer, and diabetes; that a consortium of the downtown Sarasota communities of Gillespie Park, the Rosemary District, and Park East comprise one of five community partners selected by Sarasota Memorial Hospital (SMH) to participate in the outreach initiative; that Ms. Wilson served as the downtown communities' sponsor for the SMH program; that SMH recently recognized the efforts of Ms. Wilson and the involvement of GSDAT as instrumental in the success of the initiative's first year, particularly with two recent community events, Creating Green Links through Trails: A design Charrette and the Tenth Annual Brush Up Sarasota program. Commissioner Servian stated that working with Ms. Wilson on several committees has been a pleasure; that Ms. Wilson is both a hard worker and a friend. Ms. Wilson stated that the efforts of many went into the success of the community outreach initiative; that the vision, volunteers, and dedication of the Executive Board of the Sarasota Memorial Healthcare System as well as the City's financial and Staff support were important in providing the community outreach initiative to the community; that gratitude is extended to family, friends, and Leigh Wilcox, SMH Community Relations Coordinator, who displayed dedication to the neighborhood during the Tenth Annual Brush Up Sarasota program; that Duncan Finlay, M.D., President and CEO, Mary Lou Proch, Manager, Community Health Education, and John Yoder, COO, SMH, were equally committed to the success of the community outreach initiative; that gratitude to the community is extended. 3. PRESENTATION RE: : REPORT REGARDING KEY CHORALE - S CONCERT TOUR OF CENTRAL EUROPE LAST JUNE, 1 PERFORMING IN PRAGUE, VIENNA AND BUDAPEST #1 (0340) through (0550) CD 6:10 through 6:17 Richard Storm, President, John Ames, Vice President, and Daniel Moe, Conductor, Key Chorale, came before the Commission. Mr. Storm stated that Key Chorale did a concert tour of central Europe in June 2001; that performances were held in Prague, Czech Republic, Vienna, Austria, and Budapest, Hungary, that letters of greeting and items documenting the background of Sarasota's cultural richness were provided by former Mayor and Commissioner Albert Hogle for presentation to officials in the visited cities; that two concerts were held in both Prague and Vienna; that a concert was also held in the Parliament Building in Budapest; that the officials from the visited cities responded with pleasure. Mr. Storm presented the Commission with information regarding the Key Chorale concert tour and the following items for display at City Hall: 1. A framed poster advertising the concert held at the Saint Nicolai Church, a proclamation signed by the elders of the Saint Nicolai Church thanking the Key Chorale for the performance and the support of the humanitarian activities of the Church, a replica of the medal from the Papal Year of the Millennium, and a copy of a book entitled "The Holy Infant of Prague" dedicated by the Father of the Maria Victoria Church in which mass was sung and home of the Holy Infant of Prague which is an effigy dressed in robes received in Prague, Czech Republic. 2. A compact disc recording entitled "An Evening At Rosenburg Castle, Key Chorale of Sarasota, Florida, and Capella Istropolitana Chamber Orchestra of Bratislava, Slovakia, Conducted by Daniel Moe,' a a program from the concert at Rosenburg Castle which gives a history of Key Chorale and of Mr. Moe, and a framed poster advertising the performance from the Musikverein Concert Hall which is the concert hall seen every year on public television's broadcast of the Vienna Philharmonic's New Year's Day concert received in Vienna, Austria. 3. A poster advertising the Mathias Church concert and a video of the performance at the Budapest Parliament Building received in Budapest, Hungary. Mr. Storm continued that the opportunity to showcase Sarasota and American culture and meet with the people of the European cities visited was an honor; that the support of Key Chorale by BOOK 50 Page 22146 12/03/01 6:00 P.M. BOOK 50 Page 22147 12/03/01 6:00 P.M. the City is appreciated; that an invitation to Key Chorale concerts is extended to the community. Vice Mayor Quillin stated that appreciation is extended for the ambassador service rendered to the City. 4. CHANGES TO THE ORDERS OF THE DAY - APPROVED #1 (0550) through (0725) CD 6:17 through 6:22 City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Remove under Unfinished Business, Item No. VI-1, Approval Re: Proposed Medical and Dental Benefits for all non-represented employees and represented general employees of the City, effective January 1, 2002, along with employee premiums and additional funding from the City to supplement the budgeted City Contribution, per the request of City Manager Designate McNees. B. Remove under Unfinished Business, Item No. VI-2, Adoption Re: Proposed Resolution No. 02R-1448, appropriating $328,000 from the unappropriated fund balance of the General Fund to provide $88,000 to share in the increase in health insurance premiums for active employees, and $240,000 for the full cost of the Dental Plan for active employees, per the request of City Manager Designate McNees. D. Remove under Unfinished Business, Item No. VI-4, Approval Re: Request for funding assistance for Court Watch, Inc., in the amount of $98,451 for Fiscal Year 2001/02 per the request of Deputy City Manager Schneider. E. Remove under Unfinished Business, Item No. VI-8, concerning the Florida Department of Transportation (FDOT) design on the U.S. 301 Project Development and Environmental Study (PD&E), per the request of City Manager Designate McNees and reschedule for the December 17, 2001, Regular City Commission Meeting. F. Add under Unfinished Business, Item No. VI-9, Adoption Re: Proposed Resolution No. 02R-1450, appropriating $18,834 from the Unappropriated Fund Balance of the General Fund to provide funding to complete the Ken Thompson Memorial reflecting pool at City Hall. G. Add under New Business, Item No. VII-2, Approval Re: Potential appeal of ruling by Judge Goldman regarding State of Florida V. Barbara A. Strauss = noise ordinance violation-Blues Fest, per the request of Commissioner Martin. On motion of Commissioner Palmer and second of Commissioner Martin, it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (4 to 0): Martin, yes; Palmer, yesi Servian, yes; Quillin, yes. City Manager Designate McNees stated that the discussion concerning healthcare premiums has been delayed to the December 17, 2001, Regular Commission meeting; that a request to bargain was received from the Citrus, Cannery, Food Processing and Allied Workers, Drivers, Warehouseman, and Helpers Affiliated with International Brotherhood of Teamsters, Local Union No. 173 (Teamsters) late this afternoon; that a bargaining session with the Police Benevolent Association (PBA) is scheduled for December 4, 2001; that discussions concerning healthcare premiums should not be held until after bargaining sessions are completed; that the changes regarding the retiree healthcare premiums is not on the current Agenda and will not be discussed until February 2002. Vice Mayor Quillin stated that the December 17, 2001, meeting Agenda is full; and asked if the discussions concerning healthcare premiums should be scheduled for a Special Commission meeting in December 2001? City Manager Designate McNees stated that guidance is requested on notice requirements. City Auditor and Clerk Robinson stated that ample time for notification of a Special Commission meeting exists. Commissioner Martin stated that time for proper bargaining and formulation of new information must be provided; that bargaining may be expected to take two weeks or longer. Commissioner Servian stated that individual schedules may be full due to the holiday season; and asked if additional time could be added to the December 17, 2001, Regular Commission meeting to discuss healthcare premiums. BOOK 50 Page 22148 12/03/01 6:00 P.M. BOOK 50 Page 22149 12/03/01 6:00 P.M. Vice Mayor Quillin asked if a Workshop is scheduled for December 17, 2001? City Auditor and Clerk Robinson stated no. Vice Mayor Quillin stated that a Special Commission meeting can be scheduled to discuss healthcare premiums. Commissioner Palmer stated that individuals usually work during the day and may not be able to attend a meeting scheduled for daytime hours; that the Commission must assure the time chosen is amenable to the persons who may wish to speak to the issue of healthcare premiums; that an afternoon meeting may not be possible for most people to attend; and asked the deadline for the advertisement of a Special Commission meeting? City Auditor and Clerk Robinson stated that a Special Commission meeting held on December 17, 2001, would require notice by December 12, 2001. Commissioner Palmer stated that a decision concerning the scheduling of a Special Commission meeting on December 17, 2001, could be made in the next couple of days. City Manager Designate McNees stated that a decision regarding a meeting date to discuss healthcare premiums should be made at the current meeting. City Auditor and Clerk Robinson stated that two public hearings are scheduled for the December 17, 2001, Regular Commission meeting. Commissioner Martin stated that the length of the December 17, 2001, Regular Commission meeting Agenda is unknown, and asked if the Agenda is full? City Auditor and Clerk Robinson stated that two public hearings are scheduled; that the Planning Board/Local Planning Agency (PBLP) will be providing a report concerning the megahouse issue. Commissioner Martin stated that the December 17, 2001, Regular Commission meeting Agenda does not appear too full to schedule the discussion concerning healthcare premiums; that scheduling an evening meeting to discuss the healthcare premiums may be preferable to encourage participation by the concerned public. Commissioner Servian stated that beginning the December 17, 2001, Regular Commission meeting at 5 p.m. rather than 6 p.m. may be a compromise; that regularly scheduled items could be completed beginning at 5 p.m.i that healthcare premiums could be addressed as the public arrives from work. City Auditor and Clerk Robinson stated that the City Manager Designate requested a decision regarding the scheduling of a discussion concerning healthcare premiums at the current meeting. Commissioner Martin asked if a bargaining agreement is required for the Commission to address health care premiums? City Manager Designate McNees stated that a decision concerning healthcare premiums is required for calendar year 2002 which is three weeks awayi that the opportunity to enroll employees in a healthcare plan is required. Commissioner Palmer stated that the discussion concerning healthcare premiums should be scheduled for the December 17, 2001, Regular Commission meeting. City Auditor and Clerk Robinson stated that the Agenda for the December 17, 2001, Regular Commission meeting can be refined to accommodate the discussion regarding healthcare premiums. Commissioner Palmer stated that beginning the December 17, 2001, Regular Commission meeting at 5 p.m. may be a viable option. Mayor Quillin stated that consensus is to address healthcare premiums at the December 17, 2001, Regular Commission meeting; that personal meetings with the public between the current and the December 17, 2001, Regular Commission meeting is encouraged; that healthcare premium concerns involve all City employees. 5. APPROVAL RE: : MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF NOVEMBER 19, 2001, AND THE SPECIAL SARASOTA CITY COMMISSION MEETING OF NOVEMBER 21, 2001 APPROVED (AGENDA ITEMS I-1 AND -2) #1 (0930) through (0970) CD 6:28 through 6:37 Vice Mayor Quillin asked if the Commission had any changes to the minutes? Vice Mayor Quillin stated that hearing no changes, the minutes of the November 19, 2001, Regular and the BOOK 50 Page 22150 12/03/01 6:00 P.M. BOOK 50 Page 22151 12/03/01 6:00 P.M. November 21, 2001, Special Commission meetings are approved by unanimous consent. The Commission recessed at 6:29 p.m. and reconvened at 6:37 p.m. 6. BOARD ACTIONS RE: REPORT RE: PLANNING BOARD/LOCAL PLANNING AGENCY' S REGULAR MEETING OF NOVEMBER 7, 2001, AND SPECIAL MEETING OF NOVEMBER 14, 2001 - RECEIVED REPORT (AGENDA ITEM II-1 AND -2) #1 (0985) through (1120) CD 6:37 through 6:42 Robert Lindsay, Chair, Planning Board/Local Planning Agency (PBLP), and Michael Taylor, Deputy Director of Planning, came before the Commission. Mr. Lindsay presented the following item from the November 7, 2001, Regular PBLP meeting: Major Conditional Use Application No. 01-CU-15 Site Plan Application No. 01-SP-29 Re: Roy McBean Charter School 1790 21st Street Mr. Lindsay stated that Major Conditional Use Application No. 01-CU-15 is a request to operate a charter elementary school within the existing Roy McBean Boys & Girls Club on a 2.4-acre site at 1790 21st Street; that the property is a leasehold in the Governmental Use (G) Zone District; that the construction will be in conformity with Site Plan Application No. 01-SP-29; that the two associated Governmental Zone Waiver Application Nos. 01-GW-01 and 01-GW-03 are requests for waivers of the Zoning Code (1998) requirements for required parking and required landscaping on the site. Mr. Lindsay continued that at its November 7, 2001, Regular meeting, the PBLP found Major Conditional Use Application No. 01-CU-15 and Site Plan Application No. 01-SP-29 consistent the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), the Tree Protection Ordinance, and the Standards for Review set forth in Section IV-904 (B) (1), Zoning Code (1998), and by a unanimous 4-to-0 vote recommended Commission approval subject to the following conditions: 1. The Roy McBean Charter School shall be constructed in conformity with Site Plan Application No. 01-SP-29 2. Final Approval by the Commission of Governmental Zone Waiver Application Nos. 01-GZW-01 and 01-GZW-03. 3. Enrollment in the child care center shall be limited to no more than 100 children and the use of the outdoor play area shall be limited as prescribed by Section VII-602 (G) (5) (a), Zoning Code (1998). 4. If determined by the Engineering Department that congestion or traffic circulation is no longer safe and efficient, a traffic study may be conducted by the Engineering Department and the Applicant will be responsible for any cost associated with the study. 5. Prior to the issuance of the first certificate of occupancy for the project depicted in Site Plan Application No. 01-SP-29, the Applicant shall submit to the City Attorney's Office and Department of Building, Zoning and Code Enforcement the following: a) A letter signed by the Sarasota Housing Authority providing either written approval for the proposed improvements depicted- on the site plan or stating the right of such approval has been waived as required by Section 8 of the Lease Agreement between the Applicant and the Sarasota Housing Authority. b) A document from the United States Department of Housing and Urban Development (HUD) recorded in the Public Records formally releasing the Leasehold from the two Declarations of Trust or waiving any rights HUD may have had under the Declarations of Trust to object to the leasing of the subject real property to the Applicant. Mr. Lindsay stated that the Commission may set this item for public hearing or affirm the PBLP recommendation without public hearing by adopting proposed Resolution No. 02R-1444 under Consent Agenda No. 2, Item No. III-B-1. Mr. Lindsay presented the following item from the November 14, 2001, Special PBLP meeting: Major Conditional Use Application No. 01-CU-16 Site Plan Application No. 01-SP-32 Re: Eirst Presbyterian Daycare 2036 Oak Street BOOK 50 Page 22152 12/03/01 6:00 P.M. BOOK 50 Page 22153 12/03/01 6:00 P.M. Mr. Lindsay stated that Major Conditional Use Application No. 01-CU-16 is a request to allow the operation of a child day care center on the property located at 2036 Oak Street in the Multi-Family Residential-3 (RMF-3) Zone District; that Site Plan Application No. 01-SP-32 is to approve renovation and conversion of the existing single-family residence and detached building and construction of a screen enclosure between the residence and detached building for use of the site as a child daycare facility. Mr. Lindsay continued that at its November 14, 2001, Special meeting, the PBLP found Major Conditional Use Application No. 01-CU-16 and Site Plan Application No. 01-SP-32 consistent the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), the Tree Protection Ordinance, and the Standards for Review set forth in Section IV-904 (B) (1), Zoning Code (1998), and voted unanimously to recommend Commission approval subject to the following conditions: 1. . the site plan and all related development and construction plans shall be in compliance with those labeled Infant Care Center, received by the Planning Department on October 19, 2001. All final construction plans shall be subject to a full review for compliance with applicable codes and development approvals by the Director of the Department of Building, Zoning and Code Enforcement. 2. Enrollment in the proposed Infant Care Enter shall be limited to 16 children. Mr. Lindsay stated that the Commission may set this item for public hearing or affirm the PBLP recommendation without public hearing by adopting proposed Resolution No. 02R-1445 under Consent Agenda No. 2, Item No. III-B-2. On motion of Commissioner Palmer and second of Commissioner Martin, it was moved to receive the report of the November 7, 2001, Regular and November 14, 2001, Special meetings of the Planning Board/Local Planning Agency. Motion carried unanimously (4 to 0): Martin, yes; Palmer, yes; Servian, yes; Quillin, yes. 7. BOARD ACTIONS RE: : REPORT RE: PUBLIC ART COMMITTEE REPORTS OF OCTOBER 3, AND NOVEMBER 14, 2001 RECEIVED REPORT (AGENDA ITEM II-3) #1 (1120) through (1255) CD 6:42 through 6:59 Pamela Sumner, Chair, Public Art Committee (PAC), and John Burg, Chief Planner, Planning Department, came before the Commission. Ms. Sumner displayed photographs on the overhead projector depicting the installation and dedication of the sculptures entitled "Runners" by Jorge Blanco on the median strip of US 41 and stated that the efforts of those who assisted in the installation, particularly Luther Rosebaro, Infrastructure Maintenance Supervisor, Public Works, and Lisa Arcabella, Administrative Senior Secretary, Planning Department, are appreciated. Ms. Sumner presented the following item from the October 3, 2001, PAC meeting: - Sculpture Mr. Red - New Site Location and Repairs Ms. Sumner displayed slides on the overhead projector of the sculpture entitled "Mr. Red" by artist David Langley and the proposed new site and stated that on April 11, 2001, "Mr. Red" was damaged and removed from the right-of-way at Main Street and Mira Mar Court; that the artist was notified and provided the opportunity to perform the repair work but remained unresponsive; that several new sites were considered for relocation of the sculpture; that bids for the necessary repairs were reviewed; that at its October 3, 2001, Regular meeting, the PAC voted unanimously to recommend approval of the site located at Gulf Stream and Palm Avenues for the relocation of "Mr. Red" and to accept the bid from artist John Dehn for the repairs. On motion of Commissioner Palmer and second of Commissioner Martin, it was moved to approve the new site for the sculpture entitled "Mr. Red" which will be located in the right-of-way located at Gulf Stream and Palm Avenues and award the bid for the necessary repairs in the amount of $775 to artist John Dehn. Motion carried unanimously (4 to 0): Martin, yes; Palmer, yesi Servian, yes; Quillin, yes. Ms. Sumner presented the following item from the November 14, 2001, PAC meeting: BOOK 50 Page 22154 12/03/01 6:00 P.M. BOOK 50 Page 22155 12/03/01 6:00 P.M. Proposed September 11, 2001, Memorial Ms. Sumner stated that at the September 17, 2001, Regular Commission meeting, a citizen, James Dion, proposed a memorial be constructed to honor the victims of September 11, 2001, terrorist attacks; that the effort of Mr. Dion to establish a memorial is commended; that at its October 3, 2001, Regular meeting, the timing and permanency, meaning and imagery, design process, funding, and other pragmatic issues related to the site, parking, utilities, design, construction management, and on-going maintenance of the proposed September 11, 2001, Memorial were discussed; that the questions considered by the PAC are: 1. To what degree should the view of the memorial be local, national or global? 2. What are the broader meanings? 3. What are the symbolic meanings of various design elements? 4. How should the public be invited to interact with the memorial? 5. Should funding be private or public? Ms. Sumner continued that a policy was developed and is presented for Commission approval based on Staff's recommendation as follows: 1. In the short-term, the City should encourage private parties who wish to contribute to a permanent, public memorial related to the September 11, 2001, events to direct efforts toward: a. Holding events or developing non-permanent programs which commemorate the events of September 11, 2001; and/or, b. Fund raising for a memorial conceptualized, designed and built at a later date. 2. In the long term and at a time following adequate reflection, the City should consider the creation of a memorial commemorating the events beginning on September 11, 2001, to include an open, competitive design selection process. On motion of Commissioner Martin and second of Commissioner Servian, it was moved to approve the policy recommended by Staff and presented by the Public Art Committee. Commissioner Martin stated that the passion and willingness of Mr. Dion to bring the idea of a memorial of the September 11, 2001, events to the City is impressive; that a policy for memorials or any art displayed in the City should come before the PAC; that a public process is important; that the work of the PAC is well considered. Commissioner Servian stated that the enthusiasm of Mr. Dion is appreciated; that the country is at the beginning of changes resulting from the events on September 11, 2001; that the outcome of the events is unknown; that a memorial at this time is premature; that the effort to develop a long-term policy regarding memorials is appreciated. Commissioner Palmer concurred and asked if PAC's recommendations are also Staff's recommendations? Ms. Sumner stated that the policy was developed based on Staff's recommendations. Vice Mayor Quillin stated that procedures to develop a fund-raising committee are required; that the general public may be unsure of committee requirements; that procedures regarding methods of working with the City or working as an organization to raise funding is required. Mr. Burg stated that detailed and methodical procedures for calls-to-artists for normal artwork is currently in place; that a memorial would follow a different procedure than normal artwork; that a procedure to develop fund raising for a memorial may be developed at the appropriate time. City Manager Designate McNees stated that PAC's recommendations regarding memorials is supported; that developing new City policies based on the September 11, 2001, events is not supported; that public art policies are in place; that PAC's recommendations should be accepted. Vice Mayor Quillin stated that individuals will contact various departments at City Hall as fund-raising procedural questions arise; that a brochure explaining the procedure of working with the City on fund raising may be helpful. BOOK 50 Page 22156 12/03/01 6:00 P.M. BOOK 50 Page 22157 12/03/01 6:00 P.M. Vice Mayor Quillin called for a vote on the motion. Motion carried unanimously (4 to 0): Martin, yesi Palmer, yes; Servian, yes; Quillin, yes. Ms. Sumner presented the following item from the November 14, 2001, PAC meeting: Proposed Palm Avenue Public Art Pilot Program Ms. Sumner stated that the proposed Palm Avenue Public Art Pilot Program (Pilot Program) is to increase the visual and artistic quality of the Palm Avenue District and the City by facilitating the placement of appropriate works of art by art galleries on the public rights-of-way within the District; that the Pilot Program is a one-year program; that the art galleries will be allowed to place a piece of art for a period no shorter than three months and no longer than the one year of the Pilot Program; that legal counsel assisted in establishing the guidelines; that at its November 14, 2001, Regular meeting, the PAC voted unanimously to accept the proposed Pilot Program with the exception of adding criteria for sculptures being placed in rights-of-way not fronting a gallery. On motion of Commissioner Palmer and second of Commissioner Servian, it was moved to refer the Palm Avenue Public Art Pilot Program to the Administration for implementation. Commissioner Palmer stated that the Pilot Program is pleasing and supported, particularly considering the timing during City's Centennial year. Commissioner Servian quoted from the Palm Avenue Public Art Program included in the Agenda backup material as follows: 4( (C) Works of Art 2. Be appropriate for viewing by all citizens and visitors to the City. 3. Increase the visual and artistic quality of the Palm Avenue Art Gallery District. Commissioner Servian asked if criteria to determine the appropriateness and visual and artistic quality of artwork are in place? Ms. Sumner stated that the existing guidelines for the selection of all City artwork will be utilized. Vice Mayor Quillin called for a vote on the motion to refer the Palm Avenue Public Art Program to the Administration for implementation. Motion carried unanimously (4 to 0): Martin, yes; Palmer, yesi Servian, yes; Quillin, yes. On motion of Commissioner Palmer and second of Commissioner Martin, it was moved to receive the reports of October 3, and November 14, 2001, Public Art Committee meetings. Motion carried unanimously (4 to 0): : Martin, yes; Palmer, yes; Servian, yes; Quillin, yes. 8. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 3, 4,5,6, 7, 8, AND 9 = APPROVED (AGENDA ITEM III-A) #1 (0815) through (2360) CD 6:59 through 7:12 Commissioner Palmer requested that Item No. 2 be removed for discussion. Commissioner Martin requested that Item No. 3 be removed for discussion. 1. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Sovereignty Submerged Lands Modification from the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, relating to the Marina Jack. marina operations area 4. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Agreement between the City of Sarasota and Piano Distributors of Sarasota, Inc., to provide a Yamaha Grand Piano, an Auto Klavier Piano, and several upright pianos at no cost to the Van Wezel Performing Arts Hall (VWPAH) or the City of Sarasota, for the use of the VWPAH, its artists and performers 5. Approval Re: Proposed amendment to the City's Traffic Calming Policy 6. Approval Re: September 30, 2001, Carryover List to amend the Fiscal Year 2001/02 Budget 7. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Municipal Services and Pre- Annexation Agreement between the City of Sarasota and Bogey Free Investment, L.L.C., for water and sewer service for undeveloped lots located on Camino Real and Bay Road BOOK 50 Page 22158 12/03/01 6:00 P.M. BOOK 50 Page 22159 12/03/01 6:00 P.M. 8. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the contract between the City of Sarasota and Jon F. Swift, Inc., for the construction of the Gillespie Park Neighborhood Gateway Project 9. Approval. Re: Authorize the Mayor and City Auditor and Clerk to execute the Amendment to Urban Infill Grant Contract #01-II-07-09-09-68-02-002 between the City of Sarasota and the Department of Community Affairs, (DCA) for the Gillespie Park and Park East Neighborhood Gateway Project On motion of Commissioner Palmer and second of Commissioner Servian, it was moved to approve Consent Agenda No. 1, Item Nos. 1, 4, 5, 6, 7, 8, and 9. Motion carried unanimously (4 to 0): Martin, yes; Palmer, yes; Servian, yes; Quillin, yes. 2. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Boat Package Lease Agreement between the City of Sarasota and Wellcraft Marine Corporation, to lease a 35-foot Scarab Sport boat with trailer for $1 per year for five years Commissioner Palmer stated that the marine liability insurance premium for the lease of a 35-foot Scarab Sport (Scarab) boat from Wellcraft Marine Corp. is $6,075; and asked if the $6,075 is for the entire five years of the lease agreement? Chief Jolly stated no; that the insurance premium cost of $6,075 is annual. Commissioner Palmer asked if funding for the marine liability insurance premium would require annual appropriation? Chief Jolly stated that sufficient funding is already appropriated for the marine insurance liability premium in the Sarasota Police Department (SPD) insurance budget. Commissioner Palmer quoted the Boat Package Lease Agreement included in the Agenda backup material as follows: 1. Lease of Boat and Trailer; Engines - . The City of Sarasota has ordered equivalent engines from Mercury to be paid for by the City of Sarasota and will give these engines to Wellcraft as payment for the engines on the boat. Commissioner Palmer stated that the funding source of the engines is not indicated in the Boat Package Lease Agreement. Chief Jolly stated that the funding for the engines is currently included in the budget; that the current boat engines are scheduled for replacement in fiscal year 2001/02 and will be purchased; that a replacement engine will be installed on the Scarab. Commissioner Palmer asked if the two engines were ones identified for replacement in the carry-over budget? Chief Jolly stated yes. Commissioner Servian asked if additional quotes were received for the marine liability insurance? Chief Jolly stated that the belief is more than one quote was received; that an attempt to obtain insurance through Risk Management was evaluated; that insuring the Scarab for use by the SPD is the reason for the high cost of the marine liability insurance premium. Commissioner Servian asked if the marine liability insurance premium quoted was the lowest bid? Chief Jolly stated yes. Commissioner Servian stated that the facsimile transmittal memorandum quote sheet dated November 15, 2001, from Josephine Kenns, Brown & Brown, Inc., to David Harrington, Sergeant, SPD, in the Agenda backup material indicates the policy excludes coverage for the crew; that the City's worker's compensation carrier should be notified to have an "Admiralty Endorsement" added to the policyi and asked if the City's worker's compensation carrier has been notified? Chief Jolly stated that the notification of the City's worker's compensation carrier is unknown; that Risk Management will be contacted to obtain the information. Commissioner Palmer stated that the engine purchased by the City for the Scarab will be given to Wellcraft Marine Corporation (Wellcraft) at the end of the lease period; and asked if the engines would be worth keeping after five years? Chief Jolly stated that an accurate answer will be obtained for the Commission. BOOK 50 Page 22160 12/03/01 6:00 P.M. BOOK 50 Page 22161 12/03/01 6:00 P.M. Commissioner Palmer stated that the Boat Package Lease Agreement is pleasing; that the details must be refined. Vice Mayor Quillin asked if the Scarab is a replacement for the Boston Whaler? Chief Jolly stated yes. Vice Mayor Quillin asked if the Boston Whaler has been appraised? Chief Jolly stated that the Boston Whaler is not the City's property; that the Boston Whaler will be returned to the West Coast Inland Navigation District (WCIND). Vice Mayor Quillin asked if the other Marine Patrol boat belongs to the City? Chief Jolly stated yes. Vice Mayor Quillin asked if the other Marine Patrol boat would require replacement. Chief Jolly stated that the other Marine Patrol boat would require replacement in a few years; that the hull is approximately nine years old as of 2001. Vice Mayor Quillin asked the age of the Boston Whaler? Chief Jolly stated that the Boston Whaler is approximately 11 years old. Vice Mayor Quillin asked if the Boston Whaler has the original engine? Chief Jolly stated no; that the Marine Patrol boat engines are replaced every four to five years. Vice Mayor Quillin asked the amount of hours logged on the engines? Chief Jolly stated that the amount of hours on the engines are unknown. Vice Mayor Quillin stated that finding a company which produces engines which would enter into an agreement similar to the Wellcraft agreement would be pleasing. On motion of Commissioner Palmer and second of Commissioner Servian, it was moved to approve Consent Agenda No. 1, Item No. 2. Motion carried unanimously (4 to 0): Martin, yes; Palmer, yes; Servian, yes; Quillin, yes. 3. Approval Re: Acceptance of bid for removal of derelict and abandoned vessels in Sarasota Bay Commissioner Martin stated that telephone calls regarding the time between Tropical Storm Gabrielle and the removal of the derelict vessels have been received; that the bid process has been time consuming; that the derelict vessels will be removed within two weeks of the bid approval by the Commission; that the vessels will be removed prior to January 1, 2002, at the latest; that addressing emergencies such as the derelict vessels with expediency should be evaluated; that mooring deficiencies should also be addressed. City Manager Designate McNees stated that a plan to establish a program with a regular contractor will be established; that the pre-selection of a contractor who has pre-bid and can begin removal immediately after a storm event is under consideration. Commissioner Servian quoted from a memorandum dated November 29, 2001, to the Commission from Nancy Carolan, Director of General Services, in the Agenda backup material regarding the bidding for derelict vessel removal as follows: Coastal Marine Construction, Inc. (Coastal), is unable to comply with the minority participation program due to the nature of the project. Commissioner Servian stated that the indication on the Bid Opening Tabulation Sheet is Coastal can comply with the minority participation program; and asked the reason for the discrepancy? City Manager Designate McNees stated that the indication of the Bid Opening Tabulation Sheet is yes, Coastal filled out the proper forms which indicates no, Coastal, is not a minority business enterprise. Vice Mayor Quillin stated that $110,000 was appropriated for the derelict vessel removal; and asked if the funding sources to recoup the costs have changed? BOOK 50 Page 22162 12/03/01 6:00 P.M. BOOK 50 Page 22163 12/03/01 6:00 P.M. City Manager Designate McNees stated that half of the appropriated $110,000 fund for removal of the derelict vessels will now become unencumbered and returned to the Unappropriated Fund Balance; that the remainder will be spent on the derelict vessel removal; that the Federal Emergency Management Agency (FEMA) will probably reimburse 80 percent. Vice Mayor Quillin asked if the 80 percent reimbursement is for the $26,538.68 amount? Chief Jolly stated that the FEMA indicated reimbursement would be provided only as other funding sources are depleted; that the $18,111.32 amount should be eligible for reimbursement from FEMA. Vice Mayor Quillin asked if the 80 percent is for the entire $44,650 amount? Chief Jolly stated that 80 percent reimbursement is $18,111.32 amount; that $26,538.68 is not reimbursable. On motion of Commissioner Servian and second of Commissioner Martin, it was moved to approve Consent Agenda No. 1, Item No. 3. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Servian, yes; Quillin, yes. 9. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 02R-1444) - ADOPTED, ; ITEM 2 (RESOLUTION NO. 02R-1445) = ADOPTED; ; ITEM 3 (RESOLUTION NO. 02R-1446) ADOPTED, ; ITEM 4 (ORDINANCE NO. 00-4258) - ADOPTED; ITEM 5 (ORDINANCE NO. 02-4344) = ADOPTED, : AND ITEM 6 (ORDINANCE NO. 02-4348) ADOPTED (AGENDA ITEM III-B) #1 (2360) through (2615) CD 7:12 through 7:17 1. Adoption Re: Proposed Resolution No. 02R-1444 to approve Major Conditional Use Application No. 01-CU-15 and Site Plan Application No. 01-SP-29 to allow a leasehold use in the Governmental Use (G) Zone District consisting of a Charter Elementary School T/B/A the Roy McBean Charter School to operate in the existing structure currently known as the Roy McBean Girls and Boys Club, located at the leasehold at 1790 21st Street; said Major Conditional Use is to be located on a parcel of property owned by the Sarasota Housing Authority and leased to the Boys and Girls Club of Sarasota County, Inc., a Florida not-for-profit corporation; said property being generally located on t 2.4 acres at the southwest corner of 21st Street and Osprey Avenue; said Major Conditional Use is required to be constructed in accordance with Site Plan Application No. 01-SP-29; setting for the terms and conditions of this conditional use; etc. (Title Only) (Application Nos. 01-CU-15 and 01-SP-29, Applicant the Boys and Girls Club of Sarasota County, Inc., as tenant of real property owned by the Sarasota Housing Authority, as Applicant) 2. Adoption Re: Proposed Resolution No. 01R-1445 approving Major Conditional Use Application No. 01-CU-16 and Site Plan Application No. 01-SP-32 to allow a child care center in the Multiple Family Residential-3 (RMF-3) Zone District; said Major Conditional Use is to be located on a +.53 acre parcel at the southeast corner of Oak Street and Payne Parkway, with a street address of 2036 Oak Street, as more particularly described herein; said Major Conditional Use is required to be constructed in accordance with Site Plan Application No. 01-SP-32; etc. (Title Only) (Application Nos. 01-CU-16 and 01-SP-32, Applicant Charles D. Bailey, Jr., Esq-, and Nancy Lindsley, representing the First Presbyterian Church). 3. Adoption Re: Proposed Resolution No. 02R-1446 to approve G Zone Waiver Application Nos. 01-GZW-01 and 01-GZW-03 applicable to required on-site parking and landscaping requirements for a charter school to be operated upon property owned by the Sarasota Housing Authority and leased to the Boys and Girls Club of Sarasota County, Inc., in the Governmental Use (G) Zone District, as described in Site Plan Application No. 01-SP-29; approving waivers from: (I) the provision of 49 on-site parking spaces upon the leasehold out of a total of 66 parking spaces required by the Zoning Code (1998 ed.); and (II) the provision of a portion of the landscaping required by the Zoning Code (1998 ed.); setting forth terms and conditions for the two approved G Zone Waivers; etc. (Title Only) (Application Nos. 01-GZW-01, 01-GZW-03, and 01-SP-29, Applicant The Boys and Girls Club of Sarasota County, Inc., as tenant of real property owned by the Sarasota Housing Authority, as Applicant). 4. Adoption Re: Proposed Ordinance No. 00-4258 amending the code of the City of Sarasota, Chapter 29.5, Site Improvements Engineering Design Criteria, Section BOOK 50 Page 22164 12/03/01 6:00 P.M. BOOK 50 Page 22165 12/03/01 6:00 P.M. 29.5-4 (C) (2) in order to clarify those circumstances when new developments and additions or alterations to existing developments will be subject to review by the City Engineer for compliance with the requirements of the City Code and with the Engineering Design Criteria Manual and those circumstances when minor additions or alterations to existing developed property will be exempt from such review; providing for the severability of the parts hereof; etc. (Title Only). 5. Adoption Re: Proposed Ordinance No. 02-4344 amending Chapter 24, Personnel, Article II, Pensions, Division 3, Police; amending Section 24-76, Credited Service for Military Service Prior to Employment;, repealing all ordinances in conflict herewith; etc. (Title Only). 6. Adoption Re: Proposed Ordinance No. 02-4348 amending the Engineering Design Criteria Manual as adopted by reference in Chapter 29.5, Sarasota City Code, sO as to amend and restate the City of Sarasota subdivision regulations; setting forth findings of fact; amending Chapter 31, Sarasota City Code, to repeal Sections 31-2 through 31-9 inclusive, regarding subdivision regulations, said regulations having been amended and restated in the Engineering Design Criteria Manual; providing for definitions; repealing ordinances in conflict; providing for the severability of the parts hereof; etc. (Title Only) City Auditor and Clerk Robinson read proposed Resolution Nos. 02R-1444, 02R-1445, and 02R-1446, and Ordinance Nos. 00-4258, 02-4348, and 02-4344 by title only. On motion of Commissioner Martin and second of Commissioner Palmer, it was moved to adopt Consent Agenda No. 2, Item Nos. 1, 2, 3, 4, 5, and 6. Vice Mayor Quillin requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes. 10. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM V) #1 (2615) through #2 (1875) CD 7:17 through 8:30 City Auditor and Clerk Robinson stated that any person wishing to speak to any topic during Citizens' Input is requested to complete a Request to Speak Form; that speakers will have three minutes to speak; that speakers will be timed and will be advised when one minute remains. The following people came before the Commission: Joan Donnelly, 1290 Palm Avenue (34236), was no longer present in the Chambers. Benita Saldutti, 510 DeNarvaez Drive, Longboat Key (34228), 19-year City Employee, read from a prepared statement indicating that the Commission originally scheduled consideration of the healthcare benefits provided to active City General Employees for the current meeting; that the City. planned to initiate negotiations with the Police Benevolent Association (PBA) concerning the healthcare benefits provided to Sarasota Police Department (SPD) Officers and other represented employees after a decision was reached concerning the healthcare benefits provided to City General Employees; that the City also planned to delay consideration of the healthcare benefits provided to retired City employees; that the consideration of the healthcare benefits of active City General Employees was removed from the Agenda to initiate negotiations with the International Brotherhood of the Teamsters, Local No. 173 (Teamsters), who represent a portion of active City General Employees; that the healthcare benefits provided to City employees should not be segregated based upon active or retired status or position; that the City maintains a single Medical and Dental Insurance Program which provides healthcare benefits for all City employees, including all SPD Officers, former City firefighters, active and retired General Employees represented by the Teamsters, and all non-represented General Employeesi; that all City employees should be treated equallyi that insufficient time has been allowed to negotiate any change to the Medical and Dental Insurance Program with non-represented General Employees as well as active employees represented by the Teamsters or the PBA and retired employees. Ms. Saldutti continued that the Administration held a meeting with City Department heads on November 16, 2001, and indicated all active and retired City employees were "in it together"; that all active and retired City employees have pledged to work together; that the City should not segregate the healthcare benefits provided to employees based upon active or retired status or position; that significant funds are required to BOOK 50 Page 22166 12/03/01 6:00 P.M. BOOK 50 Page 22167 12/03/01 6:00 P.M. operate the Cityi that the City consists of many operations including police protection, streets, sidewalks, landscaped medians, a performing arts hall, a baseball stadium, a golf course, gar rbage collection, water and sewer service, neighborhood development, an estuary program, storm cleanup, and many other activities which provide a plethora of amenities and services to citizens; that the City's departments cannot operate without the required capital equipment, gasoline, electricity, telephone service, legal services, office supplies, and most importantly, employees; that all aforementioned activities and resources constitute the general cost to operate the City; that providing healthcare benefits to employees is not the sole reason the City's operating costs increased; that the Administration should negotiate will all active and retired City employees simultaneously. Peter Branning, 240 South Pineapple (34236), law firm of Branning and Harrison, representing the PBA, stated that consideration of the healthcare benefits provided to General Employees was removed from the current Agenda; that the action was appropriate as many important issues have not yet been considered by the Administration or the Commission; that the recommendation was to delay consideration of proposed revisions to the Medical and Dental Insurance Program for General Employees and SPD Officers to the December 17, 2001, Regular Commission meeting; however, two weeks is not sufficient time to conduct negotiations; that the Commission should consider several important legal issues in developing a solution to the current problem; that Resolution No. 93R-674 was adopted in 1993 and promises healthcare benefits to all City employees hired before October 1, 1993, throughout retirement; that at the September 20, 1993, Special Commission meeting, former Mayor and Commissioner Pillot indicated the City had a moral and ethical obligation to provide healthcare benefits for then-current employees who were hired with the understanding the benefits would be provided at no cost throughout retirement; that the City's provision of healthcare benefits is a bargaining issue; that the provision of healthcare benefits must be properly negotiated with employees' bargaining units prior to approving any change to the Medical and Dental Insurance Program; that the AON Consulting Medical and Dental Benefit Plan Review (AON Report) improperly interpreted the requirements of Chapter 112, Public Officers and Employees: General Provisions, Florida Statutes, concerning the continuation of benefits for public employees; that many recommendations of the AON Report blatantly disregard many provisions of the Florida Statutes governing the treatment of public employees. Attorney Banning continued that the Commission must also consider a number of logical issues; that additional time must be allowed to receive public input from affected persons including citizens and employees; that all affected parties must be consulted and provided an opportunity to provide input to the Administration and the Commission; that all bargaining units should be treated equally and not subjected to separate negotiations; that the Commission must also consider a number of moral issues; that employees assume many rigors and burdens during employment with the City; that in particular, SPD Officers are subjected to shift work, 24-hour availability, and life-threatening situations; that the rigors and dangers of working for the City are accepted in exchange for the promise of a secure retirement; that the City promised to provide healthcare benefits throughout retirement to all employees hired before October 1, 1993, in recognition of the lifetime of sacrifices endured by employees; that rescinding a promise is unfair and a fundamental moral issue; that former Mayor and Commissioner Hogle previously suggested forming a joint committee of active and retire SPD Officers, former City Firefighters, and General Employees; that a solution should not be rushed; that the City should fully fund any deficit in healthcare costs from the General Fund until an appropriate solution is attained. Joseph Munyak, 349 South Shore Drive (34229), retired SPD Officer, representing the Sarasota Municipal Retired Employees Association (SMREA), stated that the retirement benefits provided to City employees also includes a pension benefit; that currently, many retired City employees are on the verge of poverty; that the pension multiplier has steadily increased for more recent retirees and current employees in the previous decade; that many retired employees only receive a 1.5 percent multiplier while more current employees are entitled to a 2.0 to 3.0 percent multiplier; that the multiplier should have been increased equally for all employees, whether active or retired; that some retirees receive a pension benefit of 60 percent of annual salary and retired at a annual salary between $5,000 and $6,000; that many retirees will not be able to pay all costs for healthcare; that the pension multiplier should be increased for many retirees. Robert McLeod, 1913 South Orange Avenue (34239), retired City Firefighter and City resident, representing the Retired City BOOK 50 Page 22168 12/03/01 6:00 P.M. BOOK 50 Page 22169 12/03/01 6:00 P.M. Firefighters Association (RCFA), read from a prepared statement indicating that he retired from the City 17 years ago; that the Administration promised to facilitate several meetings with retired City employees to discuss healthcare benefits as soon as possible; however, the meetings have been delayed; that many rumors concerning the status of the Medical and Dental Insurance Program have been circulating among retired and active City employees; that the City promised healthcare benefits would be provided without cost to employees hired before October 1, 1993; that breaking a promise is immoral; that the City experienced financial difficulties with the Medical and Dental Insurance Program in 1993, 1996, and since 1999; that despite the financial difficulties, the City continued to promise healthcare benefits would be provided free of charge to each retired employee hired before October 1, 1993; that providing healthcare benefits to retired employees is a recognized past policy of the City as established in Resolution No. 93R-683; that at the September 20, 1993, Regular Commission meeting, the City decided to discontinue the provision of healthcare benefits during retirement for employees hired on or after October 1, 1993. Mr. McLeod continued that the Administration recently indicated the increased healthcare costs to the City were due primarily to a number of catastrophic illnesses and injuries incurred during the previous three years; however, the City has been aware of the financial difficulties of remaining self-insured and the potential for significant increases in healthcare costs since 1993; that the RCFA opposes any decision which requires retired employees and active employees promised the benefit to pay increased costs due to poor management of the Medical and Dental Insurance Program; that previous City Administrations are responsible for not exercising the appropriate oversight of and ensuring proper funding of the Medical and Dental Insurance Program; that employees should not be responsible for the mistakes of previous Administrations and managers of the Medical and Dental Insurance Program; that the RCFA will negotiate in solidarity with active and retired SPD Officers and General Employees; that the City should continue to provide free healthcare benefits to retired employees; that the RCFA has and will continue to negotiate in good faith with the Administration and the Commission and acknowledges the current Administration and Commissioners are not directly responsible for the current status of the Medical and Dental Insurance Program; however, the current Administration and Commission will be held accountable to honor the promises of previous Administrations and Commissions; that RCFA will utilize every available means to ensure healthcare benefits are provided free of charge to entitled retired employees; that the City should honor the promises made to active and retired employees. Mel Walp, 4135 Deerfield Drive (34233), retired City Fire Captain, Chairman, Sarasota Municipal Retired Employees Association (SMREA), stated that approximately 300 General Employees, SPD Officers, and Firefighters and spouses are SMREA members; that SMREA was formed to protect and preserve the retirement benefits provided by the City to employees; that the City promised to provide healthcare benefits throughout retirement to employees hired before October 1, 1993; that SMREA supports the statements of the previous speakers. John Agen, 5902 Tidewood Avenue (34231), retired SPD Officer, President, Fraternal Order of Police (FOP), and Board Member, Sarasota Municipal Employees Retired Association (SMREA), stated that he served the City for 26 years and retired five years ago; that retirees live on an established budget; that a retirement budget is planned based upon the healthcare and pension benefits promised by the City; that retired and active employees work hard to fulfill a commitment promised to the Cityi that the City should fulfill the promises and commitments made to employees; that the Administration indicated the item previously placed on but removed from the Agenda did not concern retired employees; however, the City's provision of healthcare benefits equally concerns active and retired employees, who have pledged to negotiate in solidarity. David Morse, was no longer present in the Chambers. Michael McHale, Sarasota Police Department (SPD) Officer, President, Southwest Florida Chapter of the Police Benevolent Association (PBA), stated that the PBA is concerned not only with the City's provision of healthcare benefits to active SPD Officers but also to all active and retired City employees who will be negatively affected by the proposed changes to the Medical and Dental Insurance Program; that the City previously promised to provide healthcare benefits to SPD Officers at little or no cost as part of the compensation for assuming the rigorous and dangerous duties as local law enforcement officers; that the provision of healthcare benefits to SPD Officers is an important element of the City's efforts to recruit law enforcement officers; that the Administration has indicated the Medical and Dental Insurance Program is in financial jeopardy; that ensuring the fiscal solvency of the Medical and Dental BOOK 50 Page 22170 12/03/01 6:00 P.M. BOOK 50 Page 22171 12/03/01 6:00 P.M. Insurance Program is not the responsibility of SPD Officers or other active or retired City employees, who should not be forced to pay for the mistakes of previous Administrations or managers of the Medical and Dental Insurance Program; that active and retired employees entrust the management and solvency of the Medical and Dental Insurance Program to the Administration; that the majority of retired employees live on a small, fixed income and should not be forced to bear a significant portion of the City's mismanagement of the Medical and Dental Insurance Program. Officer McHale continued that the Administration has not explored all potential options for ensuring the solvency of the Medical and Dental Insurance Program and did not properly inform employees of the proposed changes; that the PBA has and will never waive the right to negotiate any change to the healthcare benefits provided to active and retired SPD Officers; that the PBA recently concluded 11-month negotiations for a new contract for active SPD Officers but was never informed of the current problems with the Medical and Dental Insurance Program during the negotiations; that significant time is required to consider and negotiate any proposed changes to the healthcare benefits provided to active and retired employees; that thousands of people may be negatively affected by the proposed change to the Medical and Dental Insurance Program; that the City must work and cooperate with active and retired employees to ensure employees do not bear the majority of the burden for funding the Medical and Dental Insurance Program; that at the September 20, 1993, Regular Commission meeting, the Commission promised to ensure employees hired before October 1, 1993, would be provided healthcare benefits free of charge throughout retirement; that during negotiations conducted during the previous three years, the PBA presented to the Administration various programs which could further conserve City funds for the Medical and Dental Insurance Program. Officer McHale further stated that an independent investigation of the management of the Medical and Dental Insurance Program should be conducted; that the employees and the public have a right to know the responsible parties for the mismanagement of and increased costs to the Medical and Dental Insurance Program; that the Commission should explore all alternatives to providing healthcare benefits prior to imposing a significant financial burden upon active and retired employees; that approximately 320,000 United States (US) Veterans also faced the potential elimination of healthcare benefits recently; that thankfully, US President George W. Bush decided to appropriate sufficient funding to ensure US Veterans continue to receive proper healthcare benefits; that. the Commission should follow the example of President Bush and ensure proper funding is provided for the Medical and Dental Insurance Program. Mary Breen, 1520 Glen Oaks Drive (34232), was no longer present in the Chambers. John Lewis, retired City Chief of Police and Director of Public Safety, stated that as former Director of Public Safety, he had the honor to supervise Sarasota Police Department (SPD) Officers, City Firefighters, and General Employees; that active and retired City employees should receive equal healthcare benefits and are directly responsible for the City's prosperity and popular public perception; that the City promised to provide healthcare benefits to active employees throughout retirement if hired before October 1, 1993; that the City's promises should be fulfilled; that many active and all retired employees relied upon the City's promises to plan retirement; that providing healthcare benefits to employees may not be legally binding but is morally binding upon the Commission; that the City spent approximately $750,000 to oppose the construction of the John Ringling Replacement Bridge by the Florida Department of Transportation (FDOT) and over millions of dollars to fund renovations to the Van Wezel Performing Arts Hall (VWPAH) and the Bobby Jones Golf Course; that the obligation to fund renovations of City amenities does not compare to the obligation to ensure proper healthcare benefits are provided to City employees. Chief Lewis continued that the AON Report indicated providing healthcare benefits to active and retired employees is a "burden" upon the City; that providing healthcare benefits to employees is not a burden; that a burden is working for a City one loves, at a job of which one is proud, but working a second or third job to earn sufficient income to meet living expenses and remain a City employee; that a burden is wearing 30 or 40 pounds of firefighting equipment and running into a burning building to save the life of a small child or a 200-pound adult; that a burden is standing under a hot sun for many hours and wearing Special Weapons and Tactics (S.W.A.T.) equipment while awaiting the right moment to save a life; that a burden is working on Christmas, Thanksgiving, and other holidays throughout one's career; that using the term "burden" to describe the City's commitment to providing healthcare benefits to the men and women who faithfully serve the City for BOOK 50 Page 22172 12/03/01 6:00 P.M. BOOK 50 Page 22173 12/03/01 6:00 P.M. the majority of a lifetime is inappropriate and disgraceful; that providing healthcare benefits to City employees should be considered not a burden but a duty, a responsibility, and an honor. Russ Pillifant, retired Sarasota Police Department (SPD) Deputy Chief of Police, stated that he served the City as an SPD Officer for 26 years and joined SPD during 1974; that he previously served as a local law enforcement officer in the State of Ohio but decided to work for the City based upon the pension and healthcare benefits provided SPD Officers during retirement; that beginning in 1979, he supervised the City's training and recruitment efforts; that new SPD Officers were personally recruited Statewide, representing the finest local law enforcement officers in Florida, and were personally promised the provision of healthcare benefits throughout retirement; that the personal promises to current SPD Officers will not be fulfilled if the City does not Eulfill the promised commitment to provide healthcare benefits throughout retirement to SPD Officers hired before October 1, 1993; that he also served on the Police Officers' Pension Board of T'rustees and has alternately represented employees and the City during contract negotiations with the PBA; that during 1993, the City promised employees hired prior October 1, 1993, would be provided paid healthcare benefits throughout retirement; that the PBA was informed the provision of paid healthcare benefits constituted a legally binding past practice, was guaranteed for the future, and therefore a written provision in the City's contract was not required. Deputy Chief Pillifant continued that during 1996, the City attempted to eliminate healthcare benefits for retired SPD Officers at age 65 who would be required to enroll in Medicare; that the PBA informed the City SPD Officers hired prior to 1986 would not be fully covered by Medicare; that SPD Officers hired prior to 1986 have no other alternatives to the Medical and Dental Insurance Program; that the Medical and Dental Insurance Program is also considered a retirement benefit and should be managed by the City's pension advisory boards; that the City would receive proper public input if a similar controversial issue affected residents; that a formalized Request For Proposal (RFP) seeking private health insurance bids was never issued; that the Administration lacks the appropriate data and information to recommend the City stay self-insured; that the City obtained quotes from insurance providers; however, quotes always indicate a higher cost than competitive bids; that during the previous decade, the City also discussed implementing a graduated scale for providing healthcare benefits for dependents of employees; that action was never taken despite increasing costs; that an employee with six dependents should pay more than an employee with only one or two dependents; that the burden for funding the Medical and Dental Insurance Program should not be placed upon retired employees; that the City also lowered the deductible for the Medical and Dental Insurance Program from $300 to $100 two years ago; that as a result, a portion of the City's costs increased; that the Medical and Dental Insurance Program has been poorly managed; that the City should not provide mixed messages to employees. Rick Lewis, Sarasota Police Department (SPD) Officer, stated that he has served the City for 20 years and is a veteran of the Vietnam War; that the meeting was opened with the Pledge of Allegiance; that the last three words of the Pledge of Allegiance are "justice for all"; that the City must ensure justice is provided for all active and retired employees; that the productivity of employees significantly decreased recently as employees continue to struggle to cope with the proposed change to the Medical and Dental Insurance Program; that some employees have discussed searching for employment elsewhere; that the City must maintain the commitments previously made to employees; that employees will utilize every means available to ensure the City's promises are fulfilled; that he recently received the Employee of the Month Award for July 2001 but is now being rewarded with an increase in the costs for healthcare benefits as an active employee and the potential elimination of healthcare benefits upon retirement; that the proposed increase of employees' costs for participation in the Medical and Dental Insurance Program has united all active and retired employees in opposition against the proposal. Officer Lewis continued that the active and retired employees are responsible for Money Magazine's designation of Sarasota as the Best Small City and the sixth Best City in which to live in the US; that the City did not attain a level of excellence alone but was propelled to such a status by the excellence and dedication of City employees; that the current Administration and Commissioners are not personally responsible for the previous poor management of the Medical and Dental Insurance Program but will be held accountable to ensure the City's previous promises to employees are fulfilled; that the Administration has not proposed raising the millage rate to compensate for the increased costs to the Medical and Dental BOOK 50 Page 22174 12/03/01 6:00 P.M. BOOK 50 Page 22175 12/03/01 6:00 P.M. Insurance Program; that a potential increase in the millage rate should be examined; that the exact cost of an increase in the millage rate per taxpayer should be examined; that previous Commissions decreased the millage rate several times but utilized the City's reserves to fund any shortcomings; that the City's reserves are now deficient to fund the poor management of the Medical and Dental Insurance Program; that employees should not be required to fund poor management practices, which should be investigated; that negotiating a solution to the current problem will require significantly more time than two weeks; that the City should fulfill the commitments promised to employees. David Deyo, 5604 43rd Street East, Bradenton (34203), was no longer present in the Chambers. Peter Gurda, 4636 Naomi Lane (34233), was no longer present in the Chambers. David Harrington, Sergeant, Sarasota Police Department (SPD), stated that he has served as an SPD Officer for over 25 years; that the Administration's discussion with employees concerning the proposed changes to the Medical and Dental Insurance Program was sometimes met with antagonism and hostility; that the City's promises must be fulfilled; that SPD Officers and City Firefighters do contribute to Social Security; that SPD Officers and City Firefighters hired after 1986 only contribute to Medicare; therefore, the City has benefited from not paying the matching contribution to Social Security for many City employees; that the conserved contributions should have been deposited to the Medical and Dental Insurance Program instead of being utilized for other projects; that many former SPD Officers and City Firefighters will not qualify to receive Social Security and Medicare benefits. Sergeant Harrington continued that the City should negotiate with all employees equally; that the same healthcare benefits should be provided to all active and retired City employees; that the City was aware of financial problems of the Medical and Dental Insurance Program at least two years ago; that the problems should have been addressed immediately; that: employees were informed sufficient time would be allowed to discuss the proposed changes to the Medical and Dental Insurance Program; that a week was not a sufficient period of time to discuss the proposed changes; that the City's Quality Improvement Program (QIP) should have been utilized two years ago to examine any deficiencies in the management of the Medical and Dental Insurance Program; that the previous Administration ignored the input and recommendations of current employees and hired an independent consulting firm to prepare a report which ultimately indicated providing healthcare benefits for employees was a burden upon the City; that the City has intelligent and capable employees which could have developed more practical recommendations for the Administration and Commission; that the previous Administration ignored the established QIP process in favor of developing an administrative recommendation which did not include significant input from City employees; that the previous management of the Medical and Dental Insurance Program is not acceptable and should not be the responsibility of employees. Lee Kovacs, 2876 Poplar Street (34237), was no longer present in the Chambers. Ricardo Del Vizo, Sarasota Police Department (SPD) Officer and City resident, stated that he has served as an SPD Officer for 6 years and owns a home in the Cityi that the City has known about the financial difficulties with the Medical and Dental Insurance Program for over two years; however, no action to resolve the financial difficulties was determined or taken; that increasing employees' costs for healthcare benefits is not appropriate immediately prior to the Christmas holiday season; that the US is currently in a recession and war; that the general anxiety of employees has increased significantly, that the Commission should delay consideration of the Administration's proposal until further input is received from employees and alternative proposals are developed and examined; that as a City resident and homeowner, an increase in the millage rate to fund the deficit of the Medical and Dental Insurance Program would be personally welcomed; that other City residents also indicated support for raising the millage rate to ensure proper healthcare benefits are provided to City employeesi that the necessary increase in the millage rate would not constitute a significant burden to taxpayers; that an advisory committee could have been formed to examine the increasing costs to the Medical and Dental Insurance Program; however, a solution is required as soon as possible; that two weeks is not sufficient time to negotiate a solution. Officer Del Vizo continued that employees' morale will be negatively affected; that the quality of service provided to citizens will probably decrease; that many employees will be BOOK 50 Page 22176 12/03/01 6:00 P.M. BOOK 50 Page 22177 12/03/01 6:00 P.M. required to find part-time employment; that the liability insurance costs to the City may increase if employees take additional part-time positions; that a major portion of the increased costs to the Medical and Dental Insurance Program has been attributed specifically to providing healthcare benefits for retired employees; that the City promised to provide healthcare benefits throughout retirement to employees hired prior to October 1, 1993; that the City should fulfill the commitments promised to employees; that many other jurisdictions are able to fund healthcare benefits for retired employees without significant difficulty; that many current City employees are not eligible to receive free healthcare benefits throughout retirement; that employees hired after September 30, 1993, will begin to retire during 2013; that the existing retirees will pass away eventually; that in the future, the City will not be required to fund healthcare benefits for any retired employees. Ken Henderson, 1479 Bay Point Drive (34236), City resident of 44 years, read from a prepared statement indicating that all active and retired employees are united in opposition to the proposed changes to the Medical and Dental Insurance Program; that the problems and difficulties posed to employees by the proposed changes to the Medical and Dental Insurance Program may serve to increase morale if resolved in a positive manner; that the primary concern of most citizens is the City's costs for operation; that the City's Fire Department, Emergency Services, and the Communications Center were consolidated with County operations to conserve operating costs and lower the millage rate; however, the property taxes paid by City residents increased; that the County millage rate was increased to fund the services consolidated from the Cityi that the quality of fire protection services subsequently decreased; that City residents' insurance rates have increased significantly due to the decreased quality of fire protection services; that the Consolidated Communications Center only recently began providing quality service to City residents; that City residents generally have not benefited from the consolidation. Mr. Henderson continued that he has served in a volunteer capacity on the Police Officers' Pension Board of Trustees and has ridden with Police Officers on patrol; that many SPD Officers and former City Firefighters are personally known; that SPD Officers and Firefighters are public safety employees and are taught to regard every service call as average, non- controversial, and non-life threatening; however, public safety employees face many life-threatening situations; that other City employees may not face ife-threatening situations but are just as important to the effective functioning of the City; however, public safety employees are placed in danger and must ensure the safety of all citizens 24 hours of every day of every week; that the City's public safety employees serve with excellence and pride and are extremely effective; that in return for excellent service, the City through the citizens' taxes provides public safety employees and all City employees with a secure retirement to offset the burdens faced during active employment; that the majority of City residents are willing to pay increased taxes to ensure the retirement of City employees; that the City should ensure the quality of life for City residents does not decrease further; that citizens do not have a right but a responsibility to criticize the services and operations of the City; that the City did not properly estimate the impact of the increased costs to the Medical and Dental Insurance Program; that the City must fulfill any moral or financial obligations promised to active and retired employees. James Henderson, Sarasota Police Department (SPD) Officer, stated that during recent meetings with employees to discuss the proposed changes to the Medical and Dental Insurance Program, the Administration indicated a desire for employees to elect participation in the TeamHealth Health Maintenance Organization (HMO) or the Exclusive Provider Organization (EPO) healthcare plans instead of the Preferred Provider Organization (PPO) healthcare plan; that the quality of medical benefits varies according to the healthcare plan; that the PPO provides the greatest quality of healthcare benefits to employees but is the most expensive to the Cityi that during 1997, he was involved in a serious accident which resulted in a broken back; that he was taken to the nearest hospital; that the doctors at the hospital performed x-rays of his back and, after an initial analysis, informed his family he would no longer be able to walk; however, the doctors at the hospital contacted other specialists to examine his condition; that the PPO provides the greatest flexibility to employees in choosing doctors and specialists; that the PPO allowed the doctors at the hospital to seek the advice and services of the best specialists for back injuries; that he endured many surgeries but recovered due to the efforts of the specialists; that he resumed part-time duties with SPD during November 1997 and full-time duties during February 1998; that he continues to serve the City with excellence and pride; that a Federal grant was personally written recently to secure $45,000 for the City; that the City should ensure employees are provided the best healthcare benefits; that providing employees BOOK 50 Page 22178 12/03/01 6:00 P.M. BOOK 50 Page 22179 12/03/01 6:00 P.M. the best healthcare benefits reduces other costs for the City which have not been examined or measured by the Administration; that his surgeries and rehabilitation cost the City less than hiring and training a replacement employee; that employee participation in the TeamHealth HMO or the EPO healthcare plans may increase other costs for the City. Charles K. Senf, 2346 Pelican Drive North (34237), displayed slides of the proposed increased costs for the Medical and Dental Insurance Program and the relative costs to retired employees, active employees, and the Administration, and stated that during the December 3, 2001, Commission Workshop, the Administration indicated the City does not currently have a pay and benefits strategy for employees; that the Administration also indicated discussion of a potential pay and benefits strategy should be postponed to February 2002; that any proposed changes to the Medical and Dental Insurance Program should be postponed until a pay and benefits strategy is adopted; that the City should fulfill the commitments promised to employees; that during her recent electoral campaign, Commissioner Palmer identified many promises the City had not yet fulfilled; that providing free healthcare benefits throughout retirement to employees hired before October 1, 1993, is a promise which must be kept; that the employees have always supported the City despite receiving less compensation than comparable private sector positions; that the Administration's schedule for negotiating with active and retired employees could appear a conspiracy; that the Administration recommended imposing increased healthcare costs on General Employees not represented by a union immediately; that the Administration recommended delaying consideration of increasing healthcare costs for retired employees until January 2002; that the Federal Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) only requires the City offer retirees the same healthcare benefits as active employees; that retired employees would be required to pay the full costs of participation in the Medical and Dental Insurance Program if active employees are also required to do so; that the City should not negatively treat employees who provided a lifetime of faithful service and hard work. Mr. Senf continued that the City's Charter Officials and Department. Heads average $100,000 in annual compensation and can easily afford increased premiums for healthcare benefits; however, the average active employee makes significantly less than the City's Charter Officials and Department Heads; that increasing the average active employee's costs for participation in the Medical and Dental Insurance Program is tantamount to a significant pay cut; that retired employees will be affected most negatively; that the average retired employee earns even less than the average active employeei that the AON Report indicated the City could eventually increase the salaries offered to active employees to reduce the impact of the increased premiums for healthcare benefits; however, retired employees will not receive an increase in compensation; that the AON Report also indicated providing healthcare benefits to active and retired employees was an "undue burden" upon the Cityi that the July 6, 2001, letter to the Commission from former City Manager David Sollenberger concerning the proposed fiscal year (FY) 2001/02 budget indicates the "City has shouldered the burden of employee healthcare costs"; that the Administration also recently indicated the City should not place an undue burden upon taxpayers for the increased costs to the Medical and Dental Insurance Program and any possible means should be utilized to unburden the City from funding healthcare benefits for retired employees. Alfred Mayberry, 1813 North Lime Avenue (34234), was no longer present in the Chambers. Karen McGowan, Deputy City Auditor and Clerk, read from a prepared statement indicating that she came to work for the City during 1989 and. is therefore one of. the active employees negatively affected by the proposed changes to the Medical and Dental Insurance Program; that the decision to delay consideration of the proposed changes to the Medical: and Dental Insurance Program was appropriate sO further discussions with employees can occur; that Police Officers, former City now County firefighters, and all General Employees have always been offered the same healthcare benefits; that the only difference has been City employees hired after September 30, 1993, are required to pay the full costs for participation in the Medical and Dental Insurance Program during retirement; that active employees hired prior to October 1, 1993, had the same expectations concerning healthcare benefits as current retired employees; that the hope is the City will continue to take steps to assure the concerns of all employees for their health insurance upon retirement are addressed; that the City is urged to continue the dialog sO the concerns of all employees, including those hired prior to October 1, 1993, are addressed. BOOK 50 Page 22180 12/03/01 6:00 P.M. BOOK 50 Page 22181 12/03/01 6:00 P.M. Bill Spitler, Lieutenant, Sarasota Police Department (SPD), stated that determining any change to the Medical and Dental Insurance Program requires a difficult decision; that the majority of employees acknowledge the new Administration is not responsible for the financial problems with the Medical and Dental Insurance Program; however, many employees from different City departments attended the current Commission meeting to express a united opposition to the proposed changes to the Medical and Dental Insurance Program; that Police Officers who have been engaged in gun battles and lived are present in the Chambers; that former City and now County firefighters who have rescued citizens from burning buildings and lived are also present in the Chambers; that retired SPD Olficers directly responsible for training current SPD Officers to serve with excellence and pride are also present in the Chambers; that retired employees, active General Employees, SPD : Officers, and former City and now County Firefighters should not be segregated during negotiations to change the Medical and Dental Insurance Program; that Joan Auxier, Budget Analyst, was a dedicated General Employee who worked diligently for SPD but passed away recently; that former SPD Officer Arthur Walls did not serve in a dangerous position but provided important services to the City, and passed away recently of a heart-related disease; that all SPD Officers and Staff serve in stressful positions; that the majority of SPD Officers do not live well into retirement due to a stress-filled career. Mr. Spitler continued that the September 11, 2001, terrorist attacks reaffirmed the importance of law enforcement officers and firefighters as local heroes; that many SPD Officers were personally involved in coordinating the safety of US President George W. Bush's recent visit to the City; that the City should ensure the commitment to provide healthcare benefits is fulfilled; that many employees are upset with rumors concerning the discontinuation of healthcare benefits during retirement; that his position as an SPD Lieutenant is not particularly dangerous but is very stressful; that City employees have earned the right to healthcare benefits; that the City promised to provide healthcare benefits free of charge throughout retirement to employees hired before October 1, 1993; that the City's promises must be fulfilled; that he has earned a right to free healthcare benefits during retirement; that during his career, many criminals were apprehended for the City at a great personal risk; that other SPD Officers are currently responsible for conducting many of the more dangerous positions which directly affect the quality of life in the City and have also earned the right to healthcare benefits. John Fulton, P.O. Box 48478 (34230), stated that a personal issue concerning a communication with the City must be addressed by the Commission; that the previous speakers referred to ensuring the City's promises are fulfilled and the City's provision of justice to and communication with employees; that moral issues and the right to benefits were also addressed; that he and his family previously lived in the City for over 20 years; that at the August 27, 2001, Special Commission meeting, a list of concerns regarding a series of personal problems was provided to the Commission for resolution; however, his queries were not answered; that an investigation was also requested of a personal criminal persecution by local governments but has not occurred; that recently, he was struck by an automobile while trying to cross Main Street and filed an aggravated battery charge against the offender with the Sarasota Police Department (SPD); that the charge is not being actively investigated; that his private retirement benefits have been stripped away; that reason for the personal persecution must be discovered; that he will continue to address the Commission until an answer is provided; that many SPD Officers are aware of his current residence and can contact him if required; that three traffic citations were recently received; that community service is being provided to Mote Marine Aquarium and Laboratory; that he has been a City resident for many years and has never been arrested for any unusual crime. John Flaherty, 500 Royal Road, Longboat Key (34228), stated that Commissioner Servian is personally congratulated for her election to the Commission; that City employees are provided less compensation as compared to private sector employees; that employment with the City is usually a stable profession which provides a secure retirement; that the City should not force City employees to fund the poor management of the Medical and Dental Insurance Program while millions of dollars are spent hiring consultants for a plethora of unnecessary projects and amenities; that approximately $180,000 was spent to fund a owner's representative to supervise the renovation of the Federal Building; that Staff should be utilized to supervise the renovation of the Federal Building sO the $180,000 could instead be utilized to fund a portion of the deficit of the Medical and Dental Insurance Program. Jim Schultz, Captain, Sarasota Police Department (SPD), stated that he has served as a City employee for 27.5 years; that BOOK 50 Page 22182 12/03/01 6:00 P.M. BOOK 50 Page 22183 12/03/01 6:00 P.M. during his tenure, he served as the Vice President and President of the PBA for several years; that many contracts were negotiated with the City for SPD Officers; that the benefits for active and retired employees were usually a primary subject of contract negotiations; that contract negotiations always required significant time to analyze, evaluate; and study any issue regardless of the complexity of a subject; that during the previous two years while serving as a Captain, the City was personally represented during contract negotiations with the PBA; that many issues could easily be solved; however, significant time is required during negotiations to ensure employees, the public, and the Administration are provided ample opportunity to provide input and to examine and evaluate all potential alternatives; that reaching a decision concerning the proposed change to the Medical and Dental Insurance Program is not appropriate in two weeks. Captain Schultz continued that only the Administration was provided the opportunity to examine all potential alternatives to propose a solution; that employees and the public must be allowed significant time to provide input, examine alternatives, and develop a proposal; that the Commission could mandate the payment of any deficit in the Medical and Dental Insurance Program at the December 17, 2001, Regular Commission meeting; that any other course of action would not be appropriate or acceptable to employees; that the current Commission must uphold and fulfill the promises of previous Commissions; that all relevant information concerning the management of and proposed changes to the Medical and Dental Insurance Program should be provided to active and retired employees and the public as soon as available; that an opportunity to examine all information concerning the management of the Medical and Dental Insurance Program has not been provided to employees; that sufficient time must be provided to allow all affected parties to examine the pertinent issues and information to develop a solution supported by all active and retired employees. 11. UNFINISHED BUSINESS: APPROVAL RE: : FUNDING PROPOSAL FOR CITY HALL ATRIUM REFLECTING POOL TO BE NAMED IN HONOR OF FORMER CITY MANAGER KEN THOMPSON APPROVED (AGENDA ITEM VI-3) #2 (1875) through (2280) CD 8:46 through 8:55 City Manager Designate McNees stated that presenting the current item is considered a personal honor; that the Commission previously approved and funded the installation of a suspended sculpture entitled "Luma Cloud" by sculptor Ray King in the City Hall atrium; that the installation of the sculpture is scheduled for February 2002; that the original concept for the project included conversion of the old atrium fountain into a reflecting pool to enhance the aesthetic appearance of the suspended sculpture in the City Hall atrium; that the City received preliminary cost estimates for the reflecting pool in excess of $30,000; that the previous Administration delayed funding for the reflecting pool due to the estimated costs; that a group of citizens recently approached the City and offered a $10,000 minimum donation toward the completion of the reflecting pool if named in honor of former City Manager Ken Thompson, who passed away recently, was an ardent supporter of the local arts community, and was instrumental in the development of the City as a cultural center; that the reflecting pool will be named the "Ken Thompson Memorial Reflecting Pool"; that the Administration's recommendations are: Accept private donations in the amount of $10,000 and appropriate said funds for the construction of the reflecting pool. Approve a special appropriation from general fund reserves in an amount not to exceed $18,834 to complete funding for the reflecting pool. Authorize Staff to enter into a contract with Jon F. Swift, Inc., for construction of and lighting for the reflecting pool in an amount not to exceed $28,834. Authorize the designation of the reflecting pool as the Ken Thompson Memorial Reflecting Pool. City Manager Designate McNees continued that donations from citizens wishing to honor the memory of former City Manager Thompson for the reflecting pool will probably exceed $10,000; that the City will fund any remaining costs for the reflecting pool after donations are received. On motion of Commissioner Palmer and second of Commissioner Martin, it was moved to approve the Administration's recommendations concerning the funding of the Ken Thompson, Former City Manager in the City Hall Atrium. John Flaherty, 500 Royal Road, Longboat Key (34228), came before the Commission and stated that the naming the City Hall atrium BOOK 50 Page 22184 12/03/01 6:00 P.M. BOOK 50 Page 22185 12/03/01 6:00 P.M. reflecting pool in honor of the memory of former City Manager Thompson is personally supported and is appropriate; that public property should be named in honor of important citizens or public servants who have passed away; that former City Manager Thompson contributed significantly to the modern development of the City; however, the City should officially rename Ken Thompson Park, which was named in honor of former City Manager Thompson while alive at the time; that the City should not name public property for individuals who are alive; that a City policy must be established for memorializing individuals; that public property should not be named for individuals while living; that such individuals could potentially be, provided undue political influence; that an appeal has been personally filed with the Second District Court of Appeals concerning the naming of public property for living individuals; that the Florida Statutes prohibit local governments from naming public property after living individuals; that the initial case was lost after a hearing filed with the Circuit Court of the Twelfth Judicial Circuit. Commissioner Martin stated that the efforts of the Administration to seek funding for the reflecting pool are appreciated; that the funding obtained from citizens for the reflecting pool is very generous; that after due consideration, funding should be sought from citizens for a memorial commemorating the September 11, 2001, terrorist attacks; that the reflecting pool was previously identified by the Public Art Committee as a project to compliment the proposed artwork for the City Hall atrium; that the efforts of a group of citizens to honor former City Manager Thompson by funding the reflecting pool are appreciated. Vice Mayor Quillin called for a vote on the motion to approve the Administration's recommendations concerning the funding of the Ken Thompson, Former City Manager, in the City Hall atrium. Motion carried unanimously (4 to 0): Martin, yes; Palmer, yes; Servian, yes; Quillin, yes. 12. UNFINISHED BUSINESS: APPROVAL RE: AN INCREASE IN THE FUNDING AMOUNT FROM $3,815.21 TO $13,416.21, TO ACCURATELY REFLECT THE TOTAL AMOUNT AWARDED TO SARASOTA COURT WATCH, INC. THROUGH THE NEIGHBORHOOD GRANT PROGRAM AND AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE THE FUNDING AGREEMENT BETWEEN THE CITY OF SARASOTA AND SARASOTA COURT WATCH, INC. I AS MODIFIED - APPROVED (AGENDA VI-5) #2 (2280) through (2615) CD 8:55 through 9:02 V. Peter Schneider, Deputy City Manager, came before the Commission and stated that at the November 19, 2001, Regular Commission meeting, the Commission approved a funding agreement for Sarasota Court Watch, Inc. (Court Watch), in the amount of $3,815.21; that additional funding in the amount of $9,601 is available for Court Watch from the Neighborhood Grant Program; that the City's funding agreement with Court Watch must be appropriately modified; that the Administration previously indicated a desire to utilize all possible funding sources for Court Watch; that funds are allocated based on the applications submitted by neighborhood associations which requested funding for Court Watch as follows: Neighborhoods Funding Alta Vista $2,000 Southeast $2,000 Rosemary District $1,601 Gillespie Park $2,500 Park East $1,500 Total $9,601 On motion of Commissioner Servian and second of Commissioner Palmer, it was, moved to approve an increase in the funding amount from $3,815.21 to $13,416.21 to accurately reflect the additional $9,601.00 awarded to Sarasota Court Watch, Inc., through the Neighborhood Grant Program and authorize the Mayor and City Auditor and Clerk to execute the funding agreement between the City and Sarasota Court Watch, Inc. as modified. Commissioner Servian stated that Court Watch is an excellent program which provides a valuable service to citizens; however, the City should also attempt to secure funding for Court Watch from the County and other local jurisdictions who directly benefit from the services rendered by Court Watch. Commissioner Palmer concurred and stated that the Florida Department of Law Enforcement (FDLE) and other local law enforcement agencies usually provide funding for Court Watch through the funds received by the Sarasota Police Department (SPD) ; however, funding for Court Watch was eliminated from SPD's budget due to the reassessment of public security BOOK 50 Page 22186 12/03/01 6:00 P.M. BOOK 50 Page 22187 12/03/01 6:00 P.M. priorities after the September 11, 2001, terrorist attacks; that further funding should be provided to Court Watch if possible. Vice Mayor Quillin stated that Court Watch is an excellent program which provides an important service to citizens; however, funding should not have been provided to Court Watch from the Neighborhood Grant Program; that funding should have been obtained from the SPD budget, FDLE, or other local or State law enforcement agencies; that the Selby Foundation offers assistance to individuals or organizations seeking grant funding; that the City should employ a full-time professional grant writer; that a Staff grant writer could be utilized to secure grant funding for City projects and departments and also for neighborhood associations and non-profit organizations in the City; and asked the current fund balance of the Neighborhood Grant Program? Mr. Schneider stated that the current fund balance of the Neighborhood Grant Program is not specifically known but will be provided as soon as possible. Vice Mayor Quillin stated that the current fund balance of any program or City fund should be indicated each time an appropriation is requested; that neighborhood residents are encouraged to attend professional conferences concerning neighborhood issues; that the information obtained at neighborhoods conferences is very useful and important; that the motion will be supported despite the proposed funding source; that Court Watch is encouraged to seek State funding. Commissioner Martin stated that Court Watch provides important services to neighborhood residents in particular; that providing funding from the Neighborhood Grant Program is appropriate; that Court Watch requires a stable, long-term funding source; that the City should provide assistance in securing grant funding for Court Watch. Vice Mayor Quillin called for a vote on the motion to approve an increase in the funding amount from $3,815.21 to $13,416.21 to accurately reflect additional $9,601.00 awarded to Sarasota Court Watch, Inc., through the Neighborhood Grant Program and authorize the Mayor and City Auditor and Clerk to execute the funding agreement between the City and Sarasota Court Watch, Inc., as modified. Motion carried unanimously (4 to 0): Martin, yes; Palmer, yes; Servian, yes; Quillin, yes. 13. UNFINISHED BUSINESS: APPROVAL RE: AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE THE THIRD AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY OF SARASOTA AND THE FLORIDA WEST COAST SYMPHONY, INC., EXTENDING THE DEADLINE FOR COMMENCEMENT OF CONSTRUCTION OF THE PHASE I EDUCATION WING FROM MAY 28, 2002, TO APRIL 16, 2003, AND THE PHASE II CONCERT HALL TO NOVEMBER 19, 2006 = APPROVED WITH PROPOSED MODIFICATIONS (AGENDA VI-6) #2 (2600) through (3184) CD 9:02 through 9:13 V. Peter Schneider, Deputy City Manager, came before the Commission and stated that the Florida West Coast Symphony, Inc. (FWCS), gave a presentation concerning a Third Amendment to the Lease Agreement with the City Amendment) at the November 19, 2001, Regular Commission meeting; that the Commission requested the inclusion of specific language satisfying concerns regarding FWCS's involvement in the master planning processi and referred to the previously proposed language in Paragraph 2( (B) of the Amendment as follows: Such request shall be made in writing, outline the steps taken by TENANT to participate in the master planning process with the CITY and shall be submitted to the City Manager for scheduling before the City Commission simultaneously with the City Commission consideration of approval of a consultant's agreement to perform the master plan for the Civic Center Complex Mr. Schneider continued that the revised proposed language which has been reviewed by Staff and FWCS in Paragraph 2( (B) of the Amendment is: Such request shall be made in writing, outline the steps taken by TENANT to participate in the master planning process with the CITY and shall be submitted to the City Manager for scheduling before the City Commission prior to November 19, 2006 Mr. Schneider further stated that the proposed changes provide the City Manager Designate with a greater ability to evaluate FWCS's participation in the master planning process and referred to a continuation of Paragraph 2(B) of the Amendment as follows: BOOK 50 Page 22188 12/03/01 6:00 P.M. BOOK 50 Page 22189 12/03/01 6:00 P.M. The City Manager will prepare a status report to the City Commission as to the results of the coordination between the CITY and SYMPHONY in the master planning process Mr. Schneider stated further that an evaluation of FWCS's participation in the master planning process at the time of entering into the consultant's agreement as previously indicated in Paragraph 2(B) of the Amendment would not provide sufficient time to fully evaluate the level of participation; that determining FWCS should submit a request for an extension of Phase II construction commencement to the City Manager and Commission prior to November 19, 2006, allows for a more complete evaluation of FWCS's participation in the master planning process; that FWCS has indicated approval of the proposed language. On motion of Commissioner Servian and second of Commissioner Palmer, it was moved to authorize the Mayor and City Auditor and Clerk to execute the Third Amendment to the Lease Agreement with the modifications presented by Staff. Commissioner Palmer referred to the last sentence of Paragraph 2(B) of the Amendment as follows: The City Commission shall grant the extension of the deadline to commence construction of the Phase II Concert Hall for a period not to exceed November 19, 2008, upon finding that the TENANT has fulfilled the requirements of this subparagraph to coordinate TENANT's ongoing planning process for the proposed PHASE II Concert Hall with the master planning process of CITY for the Civic Center Complex. Commissioner Palmer stated that the sentence is confusing and asked for clarification. City Manager Designate McNees stated that a subjective evaluation will be made of FWCS's participation in the master planning processi that a recommendation will be made to the Commission subsequent to the evaluation; that the Commission will determine if FWCS will be allowed to extend the Phase II construction commencement date; that FWCS has indicated the City Manager is accepted as a fair arbiter for the evaluation and will provide a fair recommendation to the Commission. Commissioner Palmer stated that the definition of the term participation" is subjective; that objective standards should be utilized for a fair evaluation; and asked for clarification of the term "participation." Charles "Dan" Bailey, Attorney, law firm of Williams, Parker, Harrison, Dietz & Getzen, representing FWCS, came before the Commission and stated that the Amendment indicates in multiple instances FWCS and Staff will engage in good communication and sharing of information; that quarterly progress updates of FWCS's planning activities will be provided to the City Manager; that FWCS has granted the Commission the discretion to determine the adequacy of FWCS's progress and participation of FWCS in the master planning process. Mr. Schneider referred to another section of Paragraph 2 (B) of the Amendment as follows: TENANT agrees to participate in the master planning process by sharing information with the CITY, which TENANT has obtained as a result of its own ongoing planning process, as to the needs of TENANT for utilization of the Leasehold and parking demands as a result thereof Mr. Schneider continued that the master planning process involves information sharing; that Paragraph 2 (B) indicates FWCS will share information with the City in the master planning process; that the precise information which will be shared is unknown as the master planning process has yet to begin; that the City Manager will determine if FWCS cooperates in sharing information; that sharing information will be the ultimate basis for the City Manager's recommendation to the Commission. Commissioner Palmer stated that the language is ambiguous and should be clarified. Attorney Bailey stated that for clarification FWCS concurs with Staff's presentation; that the Commission reserves the discretion to determine FWCS's participation in the master planning process as defined in the Amendment. City Manager Designate McNees stated that the Commission is the deciding agency absent a definitive declaration of the term "participation", that FWCS believes the Commission will be a fair arbiter; therefore, the Commission should be comfortable with the proposed Amendment as well. Commissioner Palmer stated that a definitive statement regarding the determining agency should be included in the record; that FWCS BOOK 50 Page 22190 12/03/01 6:00 P.M. BOOK 50 Page 22191 12/03/01 6:00 P.M. has indicated the Commission is a fair arbiter and concedes discretion to the Commission of the evaluation of FWCS's participation in the master planning process. Attorney Bailey stated that the Commission reserves the discretion to determine the adequacy of FWCS's participation in the master planning process. Jack Jost, President, FWCS, came before the Commission and stated that FWCS is pleased with the revised proposed language for Paragraph 2 (B) of the Amendment; that the recognition of FWCS as a valuable community resource is appreciated; that FWCS eagerly anticipates working with the City in the master planning process and thanked the Commission. Vice Mayor Quillin called for a vote on the motion to authorize the Mayor and City Auditor and Clerk to execute the Third Amendment to the Lease Agreement for the Florida West Coast Symphony, Inc., with the proposed modifications. Motion carried unanimously (4 to 0): Martin, yes; Palmer, yes; Servian, yes; Quillin, yes. 14. UNFINISHED BUSINESS: ADOPTION RE : PROPOSED RESOLUTION NO. 02R-1440, TO EXTEND THE APPROVAL OF THE CITY COMMISSION OF GOVERNMENT (G) ZONE WAIVER APPLICATION NO. 00-GZW-01 FOR A PERIOD OF ONE (1) YEAR FROM THE FUTURE EXPIRATION OF SAID APPROVAL; G ZONE WAIVER APPLICATION NO. 00-GZW-01 WAS APPROVED BY THE ADOPTION OF RESOLUTION NO. 01R-1346 TO WAIVE A PORTION OF THE REQUIRED ON-SITE PARKING SPACES FOR A PROJECT PROPOSED TO BE CONSTRUCTED UPON CITY OWNED PROPERTY WITHIN THE CIVIC CENTER COMPLEX LEASED TO THE FLORIDA WEST COAST SYMPHONY, INC. ; SAID PROJECT BEING GENERALLY DESCRIBED AS THE CONSTRUCTION OF PHASE I IMPROVEMENTS (EDUCATION WING) A/K/A "THE WEILLER CENTER FOR MUSIC EDUCATION" AND THE CONSTRUCTION OF THE PROPOSED PHASE II (CONCERT HALL) / AS MORE SPECIFICALLY DESCRIBED IN SITE PLAN APPLICATION NO. 00-SP-13; SETTING FORTH TERMS AND CONDITIONS FOR THIS G ZONE WAIVER EXTENSION; ETC. (TITLE ONLY) (APPLICATION NO. 00-GZW-01, APPLICANT THE FLORIDA WEST COAST SYMPHONY, INC., AS TENANT OF PROPERTY OWNED BY THE CITY OF SARASOTA, AS APPLICANT) ADOPTED (AGENDA ITEM VI-7) # 2 (3200.) through (3410) CD 9:14 through 9:17 Karin Murphy, Senior Planner II, Planning Department, came before the Commission and stated that the City has roles as both landlord and regulator for the Florida West Coast Symphony, Inc., (FWCS), Phases I and II development; that the Commission set parameters for the landlord's role in approving the Third Agreement to the Lease Agreement with the City (Amendment) and FWCS; that the purpose of Resolution No. 02R-1440 is to extend Governmental (G) Zone Waiver Application No. 00-GZW-01 and provide for consistency with Major Conditional Use Application No. 00-CU-03; that G-Zone Waiver Application No. 00-GZW-01 and Major Conditional Use Application No. 00-CU-03 expire on April 16, 2002. City Auditor and Clerk Robinson read proposed Resolution No. 02R-1440 by title only. On motion of Commissioner Martin and second of Commissioner Palmer, it was, moved to adopt proposed Resolution No. 02R-1440. Vice Mayor Quillin requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Palmer, yes; Quillin, yes; Servian, yes; Martin, yes. 15. UNFINISHED BUSINESS: ADOPTION RE: PROPOSED RESOLUTION NO. 02R-1450, APPROPRIATING $18,834 FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND TO PROVIDE FUNDING TO COMPLETE THE "1 KEN THOMPSON MEMORIAL " REFLECTING POOL IN CITY HALL - ADOPTED (AGENDA VI-9) #2 (3426) through (3534) CD 9:18 through 9:19 Vice Mayor Quillin stated that adoption of proposed Resolution No. 02R-1450 will provide funds for completing the Ken Thompson Memorial reflecting pool in City Hall. City Auditor and Clerk Robinson read proposed Resolution No. 02R-1450 by title only. On motion of Commissioner Palmer and second of Commissioner Martin, it was moved to approve proposed Resolution No. 02R-1450. Vice Mayor Quillin requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Quillin, yes; Servian, yes; Martin, yes; Palmer, yes. 16. NEW BUSINESS: APPROVAL RE: REAFFIRM THE DECISION OF THE CITY MANAGER DESIGNATE IN DENYING THE APPEAL OF KUXHAUSEN CONSTRUCTION, 1 INC. / AND AWARD THE BID TO GENERAL BOOK 50 Page 22192 12/03/01 6:00 P.M. BOOK 50 Page 22193 12/03/01 6:00 P.M. CONTRACTING SERVICES, INC. IN THE AMOUNT OF $698,893.20, AND AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE SAME = APPROVED (AGENDA ITEM VII-1) #2 (3536) through #3 (0392) CD 9:19 through 9:33 City Attorney Taylor stated that the bid protest process is not encountered often by the Commission as most bid protests are resolved through appeals to the Department of General Services or the City Manager; that Section 4 of Administrative Regulation No. 024.A007.0195 indicates bid protest procedures which includes the procedure for bid protest appeals; that bid protests are first filed with the Department of General Services for an appeal hearing; that a second appeal can be made to the City Manager if the applicant desires to appeal the Department of General Service's decision; that a final appeal can be made to the Commission if the applicant desires to appeal the City Manager's decision; that the Agenda backup material regarding the appeal is lengthy; that Kuxhausen Construction, Inc. (Kuxhausen), is the unsuccessful bidder filing the protest for the San Remo Utility Improvement Project (Project). City Attorney Taylor continued that an appeal is being made to the Commission; that bid protest hearings should not be re-opened unless the Commission desires to do soi that the Commission is tasked with determining if the rulings of City Manager Designate McNees and the Department of General Services are factually sound by reviewing the record which is in the Agenda backup material; that presenting evidence during the meeting is not recommended as all applicable information is included in the Agenda backup material; that a presentation from Staff will not be provided; however, the legal representative for Kuxhausen desires to present Kuxhausen's arguments concerning the bid protest to the Commission; that the arguments which would be presented are included in the Agenda backup material; that the Commission is not required to hear the presentation as new testimony is not allowed. Commissioner Palmer stated that public input is not allowed for certain items on the Agenda and asked if the legal representative for Kuxhausen should be allowed to present to the Commission for legal reasons? City Auditor and Clerk Robinson stated that items on the Agenda which do not allow public input generally have already been presented on a previous Agenda with an opportunity for public input; that determining the applicability of public input for an item has remained flexible to provide discretion to legal staff. Commissioner Palmer asked if the City Auditor and Clerk concurs with the City Attorney's opinion that hearing the presentation is not legally required? City Auditor and Clerk Robinson stated yes; that the City Attorney's opinion is supported. Vice Mayor Quillin stated that a typical Agenda indicates items concerning which public input is not allowed; that the current Agenda has received many revisions but does not indicate public input is precluded for the current item; therefore, the legal representative for Kuxhausen should be allowed with three minutes to present to the Commission as a typical citizen would; and asked the pleasure of the Commission? City Attorney Taylor stated that allowing the presentation is not discouraged; that the intent was to inform the Commission the presentation is not required to reach a decision; that the presentation can be allowed to allay Commission concerns if desired. Commissioner Palmer stated that the presentation should be allowed; and asked the time provided a citizen to present comments for an. Unfinished Business item? City Auditor and Clerk Robinson stated that a citizen would be allowed three minutes to present to the Commission. Mark Kapusta, Attorney, law office of Bohdan Neswiacheny, representing Kuxhausen, came before the Commission and stated that Kuxhausen was the low bidder on the San Remo Utility Improvement Project (Project); that the Project concerns water and sewer utilities; that Kuxhausen specializes in water and sewer utilities; that the Department of General Services chose to award the bid to General Contracting Services, Inc. (General Contracting), whose bid was slightly higher than Kuxhausen's; that the Department of General Services determined General Contracting would provide more participation for minority businesses; that Resolution No. 01R-1377 allows the City to choose a higher bidder if more minority participation is provided and the lower bid is within $5,000; that General Contracting indicated in the bid $130,000 would be provided to SUCA Pipe Supply (SUCA) as a pipe supplier and a Minority BOOK 50 Page 22194 12/03/01 6:00 P.M. BOOK 50 Page 22195 12/03/01 6:00 P.M. Business Enterprise (MBE); that Resolution No. 01R-1377 allows the City to award the bid to General Contracting, though not the lowest bidder, due to the increased minority participation; however, SUCA is not a certified MBE supplier; that the record and the argument is SUCA is not a certified MBE supplier; that the funds allocated to SUCA are not intended for SUCA but will be transferred to a non-MBE supplier; that the Agenda backup material supports these facts; that Kuxhausen submitted and presented to the Director of the Department of General Services a witness from SEMSCO Pipe Supply (SEMSCO) verifying that SUCA will transfer the funds to SEMSCO to perform the work solicited; that SEMSCO is not a certified MBE; that SUCA is a company which acts as a conduit and transfers funds intended for a MBE company to non-MBE companies; that copies of payment records from other projects have been included in the Agenda backup material which prove SUCA has previously acted as a transfer agent for SEMSCO. City Attorney Taylor stated that Kuxhausen's legal arguments are provided in" the Agenda backup material which the Commission has reviewed; that Staff has conducted a background investigation and indicated SUCA is a certified MBE; that Kuxhausen did not provide accurate and complete records of the MBEs in the company bid; that Staff and City Manager Designate McNees have upheld the award to General Contracting; that the facts included in the Agenda backup material uphold the decisions of Staff and City Manager Designate McNees; that the Commission can re-open the bid protest process or reaffirm the decision of City Manager Designate McNees; that the recommendation is to reaffirm the decision of City Manager Designate McNees and uphold the bid award to General Contracting. City Manager Designate McNees stated that the appeal presented included the allegation SUCA is not a certified MBE supplier and hiring SUCA through General Contracting may subvert the legitimate MBE processi that Staff has demonstrated the legitimacy of SUCA's MBE certification; that the manner in which SUCA will utilize the awarded funds cannot be verified; however, SUCA is a certified MBE supplier listed in General Contracting's bid. On motion of Commissioner Palmer and second of Commissioner Servian, it was moved to reaffirm the decision of City Manager Designate McNees denying the appeal of Kuxhausen Construction, Inc., and awarding Bid No. 01-68M to General Constructing Services, Inc., in the amount of $698,893.20 and authorize the Mayor and City Auditor and Clerk to execute same. Motion carried unanimously (4 to 0): Martin, yes; Palmer, yes; Servian, yes; Quillin, yes; 17. NEW BUSINESS: APPROVAL RE: POTENTIAL APPEAL OF RULING BY JUDGE GOLDMAN REGARDING STATE OF FLORIDA V. BARBARA A. STRAUSS - NOISE ORDINANCE VIOLATION - SARASOTA BLUES FEST APPROVED NOT APPEALING THE COUNTY COURT'S RULING AND SCHEDULING A WORKSHOP IN JANUARY 2002 TO ADDRESS ORDINANCE NOS. 97-4019 AND 00-4108 (AGENDA ITEM VII-2) #3 (0394) through #3 (1474) CD 9:37 through 10:04 Commissioner Martin stated that a citation was issued to the Sarasota Blues Fest (Blues Fest) for violation of Ordinance No. 97-4019 pertaining to noise within the City (Noise Ordinance); that Judge Judy Goldman ruled in County Court the citation was unconstitutional as applied to property in the Governmental (G) Zone District; that the City Attorney recommended an appeal of the ruling; that a concern is funding an appeal for one specific citation. Mark Singer, Attorney, City Attorney's Office, came before the Commission and stated that the November 6, 2001, interottice memorandum to City Attorney Taylor included in the Agenda backup material provides reasons for filing an appeal; that appealing a County Court ruling indicating a City ordinance is unconstitutional. is normal; that the City Attorney's Office has determined the Court's ruling is limited to an outdoor concert setting; that dropping the appeal is problematic and may encourage additional adverse rulings; that County judges may consider the current ruling in cases concerning a different setting and assume the ruling is applicable to all settings rather than outdoor concerts only; that the Sarasota Police Department (SPD) has been requested through an interoffice memorandum not to enforce Chapter 20, Noise Regulations, Sarasota City Code (1986 as amended) (City Code), for outdoor concerts; that the City does not have many outdoor concerts; that providing information to SPD officers concerning enforcement exceptions to provisions in the City Code is not prudent; that explaining informal training procedures through interoffice memoranda is also not prudent as the interoffice memoranda tend to get lost, forgotten, etc; that future citations may be issued regardless of the illegality of the citation as no formal written regulation is included in the City Code; that current regulations should be amended for outdoor concerts being held in the G Zone District; that the Zoning Code BOOK 50 Page 22196 12/03/01 6:00 P.M. BOOK 50 Page 22197 12/03/01 6:00 P.M. (1998) could be amended to include specified decibel levels and other criteria for outdoor concerts in the G Zone District if the desire is to allow outdoor concerts. Attorney Singer continued that he, City Manager Designate McNees, and Chief of Police Gordon Jolly have previously met to discuss issues pertaining to the Noise Ordinance; that City Manager Designate McNees requested an outline be prepared concerning the Noise Ordinance and a Commission workshop be scheduled; that potential modifications to regulations in the G Zone District can also be discussed during the workshopi that an appeal has currently been filed and an initial brief can be filed until January 31, 2002, to officially appeal the Court's decision. Commissioner Martin stated that the Noise Ordinance is a concern; that scheduling a Commission workshop to discuss the Noise Ordinance is supported; that the Blues Fest has performed in the City for over nine years and is a premier cultural event; that the Blues Fest began at 12 noon and ended at 9 p.m.; that only one citizen complained about the noise level; that SPD officers were dispatched to the Blues Fest; that a decibel-level reading is not required for an SPD officer to issue a citation for a Noise Ordinance violation; and referred to Section 20-5(1) of the City Code as follows: (1) Creating or permitting any excessive or unusually loud sound which either annoys, disturbs, injures or endangers the comfort, repose, health, peace, or safety of a reasonable person of normal sensibilities. Commissioner Martin continued that SPD officers were able to cite the Blues Fest without knowing the decibel levels being produced; that the citation caused significant cost to the Blues Fest defending and appealing the citation in court; that. dropping the appeal opens the opportunity for future problems in defending the Noise Ordinance; that language indicating warnings, special permits, etc., should be developed for inclusion in the Noise Ordinance; that the City does not often have outdoor concerts; that no outdoor concerts are scheduled for the coming six months; that the City has been unfriendly to the Blues Fest; that the Noise Ordinance should be revised. On motion of Commissioner Martin and second of Commissioner Servian, it was moved to drop the appeal of the County Court's ruling in the City of Sarasota versus Barbara Strauss and schedule a Commission workshop in January 2002 to discuss and revise Ordinance No. 97-4019. Commissioner Servian stated that no outdoor concerts are scheduled for the next six months; that sufficient time is available to schedule a Commission workshop to discuss and revise the Noise Ordinance; that SPD officers should be able to distinguish between an outdoor concert and Noise Ordinance violations; that the City has been portrayed as foolish in citing the Blues Fest for a Noise Ordinance violation subsequent to the receipt of a special permit exempting the concert from the Noise Ordinance. Commissioner Martin stated that a personal plea was made to the Blues Fest to obtain a special permit exempting the concert from the Noise Ordinance; that the Blues Fest did obtain a special permit; that one telephone call was placed complaining of the Blues Fest; that closing a cultural event due to one telephone complaint is a significant concern; that celebration, diversity, and vitality must be welcomed in the Cityi that the rights of residents should be respected; however, the Blues Fest occurred on a Saturday and ended at 9 p.m.i that a better, more comprehensive, and more fair Noise Ordinance which is inviting to cultural celebrations should be written; that the Noise Ordinance should better serve the City. Commissioner Palmer stated that dropping the appeal and SPD enforcement of the Noise Ordinance is not supported. Attorney Singer stated that SPD enforcement of the Noise Ordinance will only be dropped for outdoor concerts; that all other Noise Ordinance violations will be enforced. Commissioner Palmer stated that neighborhoods will not be negatively impacted as the Court's ruling indicates the Noise Ordinance is ineffective for outdoor concerts only. Attorney Singer stated that is correct. Commissioner Palmer stated that anonymous complaints have been received by the SPD concerning music played at the Main Street Station; that anonymous complaints should not be sufficient to close a facility; however, the impact of noise on neighborhoods should be taken into consideration; and asked if the complaint for the Blues Fest was anonymous? BOOK 50 Page 22198 12/03/01 6:00 P.M. BOOK 50 Page 22199 12/03/01 6:00 P.M. Attorney Singer stated that the complaint for the Blues Fest was from an identified citizen. Commissioner Palmer stated that the Noise Ordinance should be revised; that the motion to drop the appeal and schedule a workshop is supported as long as the applicability of the Noise Ordinance in residential areas is not affected. Commissioner Servian stated that only outdoor concerts will be affected by the Court's ruling pertaining to the Blues Fest; that abolishing the Noise Ordinance is not supported; however, the Noise Ordinance should be revised; that neighborhoods fought for the Noise Ordinance and have the right to enjoy quiet in personal homes. City Attorney Taylor stated that the Court's ruling indicated the City's Noise Ordinance is improper as decibel levels and other standards are not specified; that the Court ruled the Noise: Ordinance is suspect as unconstitutionalz that the next outdoor event cannot be predicted; that dropping the appeal may preclude regulation of other similar outdoor events without the stipulation of decibel level, etc. Attorney Singer stated that stipulating decibel levels, etc., is not required to regulate future outdoor events which are not in determined noise-sensitive areas; that dropping the. appeal will not preclude appealing a ruling in a different setting. Vice Mayor Quillin stated that the Sarasota Fairgrounds is located in her district; that the Sarasota Fairgrounds works well with adjacent residential areas for events which may result in higher than normal noise levels; that the City has ordinances concerning noise including the Noise Ordinance and Ordinance No. 00-4180 pertaining to noise violations in specific zone districts Site-Specific Noise Ordinance); that the community depends on the Noise Ordinance on a daily basis; that frequently stereos are played at full volume in her condominium building which can be cited as Noise Ordinance violations by SPD officers; that dropping the appeal is a concerni that the Court's ruling is vague and ambiguous; that the section of the Noise Ordinance which the Court found unconstitutional is unclear; that specific decibel levels are not included in the Noise Ordinance. City Attorney Taylor and Attorney Singer concurred. Vice Mayor Quillin stated that the Site-Specific Noise Ordinance includes specific decibel levels; that the majority of noise ordinances in other communities personally read did not indicate specific decibel levels; that the Court's ruling indicating a noise ordinance is only constitutional if specific decibel levels are included is not understood; that the method by which a police officer can measure decibel levels of a potential noise violation in a condominium or apartment building is unknown; that either dropping or not dropping the appeal present concerns; that reviewing the Noise Ordinance and the Site-Specific Noise Ordinance is prudent prior to determining if the appeal of the Court's ruling should be filed; and asked the last possible date an initial brief appealing the Court's ruling can be filed? Attorney Singer stated that an initial brief may be filed to appeal the Court's ruling until January 31, 2002. Vice Mayor Quillin stated that a Commission workshop should be scheduled prior to January 31, 2002, with sufficient time remaining subsequent to the workshop for the City Attorney's Office to file an initial brief appealing the Court's ruling if desired; that a law is not an effective law until tried and passed in a court; that the motion should be tabled until January 2002 at which time information from the workshop can be applied to the decision to appeal or not appeal the Court's ruling. On motion of Commissioner Martin and second of Commissioner Servian, it was moved to call the question. Motion failed (2 to 2): Martin, yes; Palmer, no; Quillin, no; Servian, yes. Commissioner Palmer stated that not calling the question allows for further discussion; and referred to the November 6, 2001, interoffice memorandum from Attorney Singer to City Attorney Taylor indicating suggestions for amendments to the City Code and Zoning Code (1998) as follows: Pending a ruling on appeal, it is my recommendation that consideration be given to amending the City Code or the Zoning Code as follows: 1. Add a section to Chapter 20 pertaining to enforcement to require a verbal warning be given prior to the issuance of a general noise violation citation. BOOK 50 Page 22200 12/03/01 6:00 P.M. BOOK 50 Page 22201 12/03/01 6:00 P.M. 2. Amend Section 20-6 pertaining to special permits to authorize the imposition of special conditions, such as maximum decibel limits during the performance. In addition, based upon recent court decisions a time limitation with the City Manager must make a decision (i.e., 20 days) should be included as well as a right to appeal a denial to the courts. 3. Amend the zoning code to set maximum decibel limitations in the G Zone where the Sarasota County Fairgrounds is located, consistent with the levels for the C-CBD, CBN, and CT Zoning Districts (75dBA). Commissioner Palmer stated that the availability of sufficient time to complete the suggestions is a concern; that the Noise Ordinance will be enforced with the exception of property in the G Zone District or a significant outdoor event; that the Noise Ordinance is not changed or affected by dropping the appeal. Attorney Singer stated that is correct. Vice Mayor Quillin stated that City policy and the community will not be affected by dropping the appeal. Commissioner Palmer stated that the Noise Ordinance is still being enforced and asked if SPD officers are able to issue citations for Noise Ordinance violations? Attorney Singer stated yes. Commissioner Palmer stated that the Noise Ordinance and the Site-Specific Noise Ordinance will be reviewed and revisions suggested during the scheduled Commission workshop. Attorney Singer stated that is correct. Commissioner Paimer asked the necessity of moving forward with the appeal if the Noise Ordinance can be amended and special permits may be issued? City Attorney Taylor stated that the City cannot enforce the Noise Ordinance against an outdoor event due to the Court's ruling; that an ordinance should be developed to cover outdoor events in the G Zone District until the Noise Ordinance is officially revised. Commissioner Palmer stated that the City Attorney's concern is remedying the lack of entorcement in the G Zone District for potential Noise Ordinance violations; that the concern is not necessarily the decision to drop the appeal. City Attorney Taylor stated that enforcing the Noise. Ordinance in the G Zone District is a concern; that a future Noise Ordinance should specify decibel levels. Commissioner Palmer stated that including objective criteria in a.revised Noise Ordinance is supported. Vice Mayor Quillin stated that determining if a noise ordinance with specific decibel levels will be upheld in court is keyi that many ordinances have been challenged in court and subsequently rewritten; that the Site-Specific Noise Ordinance was created due to one business consistently violating the Noise Ordinance; that noise is a contentious issue; that understanding the courts' position is necessary to develop a valid Noise Ordinance; that businesses must know the Noise Ordinance and Site-Specific Noise Ordinance will be upheld; that the Blues Fest is enjoyed; that the issue specific to the Blues Fest is not a concern; that noise issues for other properties in the G Zone District is a concern. Commissioner Servian asked if an outdoor event in a G Zone District would be required to obtain a special permit exempting the event from the Noise Ordinance prior to the event date? City Attorney Taylor stated that the requirement for obtaining a special permit exempting an outdoor event from the Noise Ordinance would depend on the location of the outdoor event; that highly noise-sensitive areas would not likely receive an exempting special permit. Commissioner Martin stated that the City controls property in the G Zone District. Vice Mayor Quillin stated that the Blues Fest requested a Noise Ordinance waiver during 2000 and was rejected; that the Blues Fest was cited for violating the Noise Ordinance and sued the Cityi that the basis for protecting citizens from Noise Ordinance violations is unknown. Commissioner Servian asked if the Court's ruling indicating the Noise Ordinance is unconstitutional relates to outdoor concerts in the G Zone District only? Attorney Singer stated yes. BOOK 50 Page 22202 12/03/01 6:00 P.M. BOOK 50 Page 22203 12/03/01 6:00 P.M. Commissioner Palmer stated that a permitting process for Noise Ordinance exemptions should be established; that dropping the appeal until a Commission workshop can be scheduled and information gathered will not adversely affect City policy as no outdoor events are scheduled for the next six months. Commissioner Martin stated that noise issues must be addressed during a Commission workshop as the issues are broad. Vice Mayor Quillin stated that determining if a revised noise ordinance must specify decibel levels to pass constitutional muster is necessary. On motion of Commissioner Martin and second of Commissioner Servian, it was moved to call the question. Motion carried unanimously (4 to 0): Martin, yes; Palmer, yesi Servian, yesi Quillin, yes. Vice Mayor Quillin requested that City Auditor and Clerk Robinson restate the motion. City Auditor and Clerk Robinson restated the motion as to not appeal the County Court's ruling in the City of Sarasota versus Barbara Strauss and schedule a workshop in January 2002 to address Ordinance Nos. 97-4019. and 00-4180. Motion carried (3 to 1): Martin, yesi Palmer, yes; Servian, yes; Quillin, no. 18. APPOINTMENT RE: PARKS, RECREATION AND ENVIRONMENTAL PROTECTION ADVISORY BOARD REAPPOINTED CAROLYN JOHNSON, / MILLIE SMALL, AND MARIA PRICE AND APPOINTED JAY GORZELANY (AGENDA ITEM VIII) #3 (1475) through (2159) CD 10:04 through 10:21 City Auditor and Clerk Robinson stated that the terms of Carolyn Johnson, Millie Small, Jo Rita Stevens and Maria Price on the Parks, Recreation and Environmental Protection Advisory Board (PREPAB) expired in November 2001; that Carolyn Johnson, Millie Small, and Maria Price are eligible for and have expressed interest in reappointment; that Jo Rita Stevens has served two full terms and is not eligible for reappointment; that five individuals have submitted applications. On motion of Commissioner Martin and second of Commissioner Palmer, it was moved to reappoint Carolyn Johnson, Millie Small, and Maria Price to the Parks, Recreation and Environmental Protection Advisory Board. Vice Mayor Quillin stated that balanced advisory boards are important; that balanced advisory boards should include representatives of each district of the City; that the PREPAB is not balanced; that PREPAB member Katherine Kelley resides in District 1. Commissioner Martin stated that PREPAB member Robert Gorevan resides in District 3. Vice Mayor Quillin stated that Mr. Gorevan resides outside the City limits. City Auditor and Clerk Robinson stated that information indicating Mr. Gorevan currently resides outside the City limits was presented today. Commissioner Martin stated that Mr. Gorevan's new residence was unknown. Vice Mayor Quillin stated that Mr. Gorevan's residence outside City limits is not a concern; that well-balanced and well-represented advisory boards are important; that the PREPAB members are almost completely from District 2. Commissioner Palmer stated that Dale Dougherty resides in District 3. City Auditor and Clerk Robinson stated that Katherine Kelley was appointed to Mr. Dougherty's seat; that Katherine Kelley resides in District 1. Vice Mayor Quillin stated that the majority of the PREPAB members are from District 2; that the residency of an at-large member is not of significant concern; that the abilities which a member brings to the PREPAB are more important than the district in which a member resides; however, a well-represented PREPAB is important and desired. Commissioner Martin concurred and stated that Commissioners should recruit advisory board members within represented districts with more vigor. Vice Mayor Quillin stated that recruiting within represented districts is difficult if only one seat is vacant. BOOK 50 Page 22204 12/03/01 6:00 P.M. BOOK 50 Page 22205 12/03/01 6:00 P.M. Commissioner Martin concurred and stated that a well-represented advisory board is also desired; that leaders within represented districts should be sought. Vice Mayor Quillin called for a vote on the motion to reappoint Carolyn Johnson, Millie Small, and Maria Price to the Parks, Recreation and Environmental Board. Motion carried unanimously (4 to 0): Martin, yes; Palmer, yes; Servian, yes; Quillin, yes. Vice Mayor Quillin, with a second from Commissioner Martin, nominated Jay Gorzelany. Vice Mayor Quillin stated that Mr. Gorzelany is not personally known; that electronic mail has been exchanged with Mr. Gorzelany; that Mr. Gorzelany attended and presented at the November 19, 2001, Commission workshop concerning the Boat Facility Siting Plan; that a potential representative of Mote Marine Laboratory and Aquarium, Inc. (Mote Marine), on the PREPAB is exciting. Commissioner Palmer asked if board appointment nominations require a second as more than one nomination can be presented? City Auditor and Clerk Robinson stated no. Commissioner Palmer asked if additional nominations can be offered as the nomination for Mr. Gorzelany was seconded? City Auditor and Clerk Robinson stated yes. Commissioner Palmer nominated Wendy Cudzilo. Commissioner Servian nominated Geraldine Ludwig. City Auditor and Clerk Robinson stated that voting should be conducted in the order of nomination; that each Commissioner receives one vote. Commissioner Martin asked if information concerning the nominee may be provided? City Auditor and Clerk Robinson stated yes. Commissioner Martin stated that another candidate was personally encouraged to applyi that a personal intent was to nominate the other candidate; that Ms. Cudzilo and Ms. Ludwig are also known and would ably serve the PREPAB; however, Mr. Gorzelany's resume and application are unsurpassed; that the PREPAB has not delved into environmental protection as deeply as hoped; that Mr. Gorzelany can provide expertise which the PREPAB requires; that personal service on the PREPAB was for six years; that Mr. Gorzelany is not a resident of the City as is preferred; however, Mr. Gorzelany's experience and service are welcomed and eagerly anticipated; that the Commission would be remiss in not appointing Mr. Gorzelany to the PREPAB. Vice Mayor Quillin concurred. Commissioner Servian stated that Ms. Ludwig is a personal friend, is hard-working, and is interested in the good of the City; however, Mr. Gorzelany is a highly experienced applicant and the nomination for Ms. Ludwig will be withdrawn. Commissioner Palmer stated that Ms. Cudzilo was personally encouraged to apply for advisory board appointments several times; that Ms. Cudzilo is interesting and youngi that youth is not found on many advisory boards; that current advisory board members provide significant effort and service to the City; that promoting diversification on advisory boards includes appointing a myriad of applicants; that Mr. Gorzelany was informed a commitment had been made to Ms. Cudzilo; that Mr. Gorzelany is the most qualified candidate; however, many aspects of a resume as well as experience should be examined in considering advisory board appointments; that the appointment of Ms. Cudzilo will be supported; however, Mr. Gorzelany is an excellent applicant and will be supported if he receives the vote of a majority of the Commission. Vice Mayor Quillin called for a vote on the nominations. Jay Gorzelany received three votes: Martin, yes; Servian, yes; Quillin, yes. Wendy Cudzilo received one vote: Palmer, yes. Commissioner Palmer stated that hearing the pleasure of the Commission, significant expertise would be brought to the PREPAB by Mr. Gorzelany; that she will change her vote, making Jay Gorzelany's appointment unanimous. Jay Gorzelany received four votes: Martin, yesi Palmer, yesi Servian, yes; Quillin, yes. BOOK 50 Page 22206 12/03/01 6:00 P.M. BOOK 50 Page 22207 12/03/01 6:00 P.M. Vice Mayor Quillin announced the reappointments of Carolyn Johnson, Millie Small, and Maria Price, and the appointment of Jay Gorzelany to the PREPAB. Vice Mayor Quillin stated that the backgrounds of all the applicants were excellent; that the decision was difficult; that Mr. Gorzelany is skilled and will provide the PREPAB with significant environmental expertise; that the PREPAB should be more involved with the Sarasota Bay National Estuary Program (SBNEP) and the Boat Facility Siting Plan; that the applicants should be informed of and encouraged to apply for other board vacancies; that excellent applications are consistently received for advisory board seats. Commissioner Palmer stated that several telephone calls have been received concerning the Boat Facility Siting Plan; that the City does not employ an environmental specialist; that the Boat Facility Siting Plan should be reviewed by the PREPAB; that Mr. Gorzelany can provide environmental expertise in reviewing the Boat Facility Siting Plan. Vice Mayor Quillin stated that the Boat Facility Siting Plan is a County initiative and can be reviewed by the PREPAB; however, the PREPAB cannot provide recommendations. Commissioner Palmer stated that the County requested the City's opinion of the Boat Facility Siting Plan; that the PREPAB can review the Boat Facility Siting Plan and provide recommendations to the City. Commissioner Martin stated that a workshop to review and make recommendations concerning advisory boards should be scheduled; that the City should be well represented on advisory boards; that a workshop should be scheduled. Vice Mayor Quillin stated that advisory boards should be reviewed during the upcoming retreat for Commissioners and Charter Officials; that advisory boards serve at the Commission's pleasure; that the Commission should develop advisory board rules and regulations; that Staff supports and assists advisory boards; that a discussion concerning the City's advisory boards should be held during the retreat. Commissioner Palmer stated that the assumption was a workshop concerning advisory boards was being scheduled; that the desire to review and revise the roles of advisory boards was. determined previously but placed on hold during the search for a new City Manager; that at the time, a workplan was developed including Commission concerns which should be addressed by the new City Manager Designate. Commissioner Servian stated that many citizens of the City are professionals and can provide advisory boards with significant expertise; that each Commissioner should be recruiting able and experienced applicants for advisory board positions. 19. COMMISSION BOARD AND COMMITTEE REPORTS (AGENDA ITEM IX) #3 (2160) through (2167) CD 10:21 through 10:21 There were no Commission Board or Committee reports. 20. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA - (AGENDA ITEM X) #3 (2168) through #4 (3415) CD 10:21 through 10:46 COMMISSIONER SERVIAN: A. stated that the citizens' input concerning the controversial changes to the healthcare plan during the current meeting was moving; that citizens and the Commission conducted themselves with decorum and respect; that the debate is heated and emotional; that the community and all City employees have come together and presented a united front; that the citizens' input was enlightening. Commissioner Palmer concurred; and stated that citizens' input is an excellent example of the meaning of public process; that the community and the Commission acted with decorum. COMMISSIONER PALMER: A. stated that the temporary median at US 41 and Ritz Carlton Boulevard is terrible; that the temporary median must be removed prior to season. City Manager Designate McNees stated that options for removing or replacing the temporary median will be investigated; that a report will be made to the Commission presenting findings of the BOOK 50 Page 22208 12/03/01 6:00 P.M. BOOK 50 Page 22209 12/03/01 6:00 P.M. investigation at a later date; that US 41 is a State road and cannot be altered without State permission and assistance. B. stated that the City's homeless situation has received significant negative pressi and requested additional information concerning the homeless situation. City Manager Designate McNees stated that the Sarasota Herald-Tribune interviewed him for over 30 minutes and did not utilize any information provided for the November 29, 2001, article concerning the Sarasota Police Department (SPD) sweeps of homeless camps; that SPD with the assistance of the City Attorney's Office significantly researched the constitutional, individual, and property rights of persons encountered during the sweeps of homeless camps during the week of November 26 through November 30, 2001; that portraying the City as uncooperative with the social services community is unfortunate; that the City is and will be cooperative with the social services community; that the homeless situation includes both enforcement and social services issues; that enforcing the laws of the City is important as a myriad of social services are provided to homeless individuals; that the City is not trying to sabotage the homeless census; that the social services community has indicated almost 1,500 individuals are homeless in the County; however, SPD encountered no more than 25 homeless people during the sweepsi that the timing of the SPD sweeps and the social services census of the homeless population was unfortunate but was unintentional; that the City intends to work cooperatively with the social services community; that the entire community must work together in resolving the homeless situation; that the Commission previously indicated a desire to enforce regulations against panhandling; that Staff and the SPD ensured respect of the rights of the homeless population during the sweeps. C. asked the date the Students Taking Active Roles (STAR) in Sarasota County program will be presented to the Commission? City Attorney Taylor stated that the STAR program will be included on the Agenda of the December 17, 2001, Regular Commission meeting. D. stated that discussions concerning Staff recommendations of quasi-Judicial matters should be held during the retreat for Commissioners and Charter Officials; that Staff previously provided the Commission and the Planning Board/Local Planning Agency with recommendations concerning quasi-judicial matters; that providing recommendations again is desired; that a report should be provided by the City Attorney's Office during the retreat; that Staff is employed to provide advice to the Commission and advisory boards. Commissioner Martin asked if a list of topics for discussion during the retreat is being kept? City Auditor and Clerk Robinson stated that both he and the City Manager Designate are keeping lists of the topics which the Commission desires to discuss during the retreat. Vice Mayor Quillin stated that recommendations are provided in the reports Staff provides to the Commission; however, the recommendations are not official. Commissioner Palmer stated that Staff provides evaluations on quasi-judicial matters; however, Staff does not provide recommendations. Vice Mayor Quillin stated that Staff's recommendations are included in Agenda backup material. Commissioner Palmer stated that a formal Staff recommendation rather than evaluations concerning quasi-judicial matters is desired. VICE MAYOR QUILLIN: A. asked the date of the retreat for Commissioners and Charter Officials? City Manager Designate McNees stated that the Commission is requested to determine the date and Staff will determine the location; that an Agenda will be created and distributed to the Commission prior to the determined date; that discussing advisory boards is not recommended as Staff requires sufficient time to compile information and the Agenda is already full; that the recommended date is January 11, 2002, at 2 p.m. Commissioner Palmer stated that personal dental surgery is scheduled for January 11, 2002; that she may not be able to talk. BOOK 50 Page 22210 12/03/01 6:00 P.M. BOOK 50 Page 22211 12/03/01 6:00 P.M. Commissioner Servian asked if the Commission will be able to address all desired topics in one afternoon session? Vice Mayor Quillin stated that addressing all desired topics in one afternoon session seems impossible. City Manager Designate McNees stated that all desired topics will be discussed. Vice Mayor Quillin stated that many topics are desired for discussion. City Manager Designate McNees stated that the retreat should not be a brainstorming session; that the Commission directed Staff to prepare an agenda for the retreat to discuss meeting agendas, agenda processes, and the conduct of the meetings including Staff recommendations on quasi-Judicial matters; that Staff will develop an agenda around the topics as directed by the Commission; that scheduling sufficient time for a legitimate discussion - concerning advisory boards will be considered; however, the advisory board discussion may be too broad for the retreat; that the Mayor directed Staff to develop an agenda and control the retreat time; that the Commission should trust Staff to develop a desired agenda and complete the retreat in one afternoon session. Vice Mayor Quillin stated that scheduling the retreat in January 2002 is a concern; that too many issues must be addressed. City Manager Designate McNees stated that the Commission previously provided direction concerning the date and topics for the retreat. Vice Mayor Quillin stated that direction was provided to Staff in November 2001. Commissioner Martin stated that the primary interest for the retreat is to discuss meeting procedures; that each Commissioner desires discussion of certain topics; that all topics suggested for discussion should be indicated to Staff, who can weigh the topics and choose the most important and immediate; that some topics may be inappropriate for the retreat setting and scheduled for a later date; that City Manager Designate McNees recommendation is supported. Vice Mayor Quillin stated that an referendum for a Strong Mayor form of government is torthcoming and should be addressed during the retreat. Commissioner Palmer stated that the Administration was directed to distribute information concerning the forthcoming referendum to the Commission; that a public information employee is being recruited. City Manager Designate McNees stated that the Administration is developing information to distribute to the Commission. Commissioner Palmer stated that information was to be developed and distributed to the Commission and the public concerning the forthcoming referendum. Vice Mayor Quillin stated that information has not yet been distributed; that the forthcoming referendum is important. Commissioner Palmer asked if all Charter Officials will be assisting the development of the agenda and attending the retreat? Vice Mayor Quillin stated that the Charter Officials will be attending the retreat and should be working together to develop information for the agenda. B. stated that the presentation of a Mayor's Citation to Dennis Hart, owner, Hart's Landing, was removed from the Agenda; that telephone calls concerning the closing of Hart's Landing were received from upset citizens; that conversations concerning contract negotiations with Hart's Landing were held with James Ley, County Administratory that the assumption is Hart's Landing will be closed during December 2001; that a re-opening celebration will be held for Hart's Landing in January 2002. C. stated that the new WWSB-TV Channel 40 (Channel 40) office opening was attended on November 30, 2001; that left-hand turns from 10th Street into the new Channel 40 offices cannot be made; that she was forced to turn around in a small intersection at 10th Street and Orange Avenue; that Channel 40 has discussed road improvements with the Engineering Department; that Staff indicated road improvements would not be made; that accidents are imminent at the intersection of 10th Street and Orange Avenue; that left-hand turns from 10th Street into the BOOK 50 Page 22212 12/03/01 6:00 P.M. BOOK 50 Page 22213 12/03/01 6:00 P.M. new Channel 40 offices should be allowed; that the Administration should review the road improvements to avoid future complications and report back to the Commission at a later date. City Manager Designate McNees stated that left-hand turns into the new Channel 40 offices are not allowed for access management reasonsi that Staff will investigate the situation and provide a report to the Commission at a later date. Vice Mayor Quillin stated that an agreement can be reached between the City and Channel 40 for future intersection improvements. City Manager Designate McNees stated that the City's leverage is minimal; that Staff will provide a report to the Commission at a later date. City Manager Designate McNees stated that Staff will provide a report to the Commission at a later date. D. distributed a portion of a report from the City of Clearwater, Florida, entitled Beach by Design: A Preliminary Design for Clearwater Beach and stated that a recent Planning Board/Local Planning Agency (PBLP) meeting concerning City density issues was observed; that the City of Clearwater developed interesting methods for increasing density on Clearwater Beach; that the Department of Community Affairs (DCA) is considering density issues currently; that the City of Clearwater determined to limit the pool to 600 additional hotel rooms for a five-year period to increase density in specific areas; that the Commission should examine and consider unique methods of determining density for the T'ax Increment. Financing District (TIF); that an ordinance from Napa Valley, California, which includes additional unique density incentives for housing in California has been delivered to the Planning Department. Commissioner Martin asked if the Napa Valley ordinance references affordable housing? Vice Mayor Quillin stated yes; that many creative density incentives are being employed in other communities. Commissioner Palmer stated that a previous PBLP meeting included a public hearing concerning the Downtown Codes, formally known as the City of Sarasota SmartCode, Draft, January 2001 (Downtown Codes); that no information or recommendations concerning the outcome from the public hearing were provided to the Commission; that a Commission public hearing concerning the Downtown Codes is scheduled for the December 17, 2001, Regular Commission meeting; that the Downtown Codes must be submitted to the DCA by the end of 2001; that amendments to the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), will be affected if the Downtown Codes are not approved; that a Downtown economic impact survey should be conducted; and asked the status of the Downtown Code public hearing information? Sarah Schenk, Attorney, City Attorney's Office, stated that only three PBLP members were present during the recent PBLP meeting and therefore no action could be taken; that Staff expects all PBLP members will be present at the December 5, 2001, PBLP meeting and action will be taken; that the Commission will be provided with information concerning the Downtown Codes by December 10, 2001. Commissioner Palmer asked if the City Attorney's Office has forthcoming information concerning the Downtown Codes? Attorney Schenk stated that Robert Fournier, Attorney, City Attorney's Office, has spent significant hours working on the Downtown Codes; that information from the City Attorney's Office will be provided in a timely manner. Commissioner Palmer stated that the PBLP is unable to make a recommendation to the Commission without information from the City Attorney's Office. City Attorney Taylor stated that Attorney Fournier has spent significant hours working on the Downtown Codes and contacting DCA. Vice Mayor Quillin stated that the City has lost sight of the meaning of the Downtown Codes; that the original intent was to update the Tax Increment Financing (TIF) District rather than the City's Comprehensive Plan; that the issue has been complicated. E. stated that the citizen turnout during the meeting is appreciated; and thanked the Commission and Staff for assistance provided while chairing her first meeting. BOOK 50 Page 22214 12/03/01 6:00 P.M. BOOK 50 Page 22215 12/03/01 6:00 P.M. 21. ADJOURN (AGENDA ITEM XII) #4 (3423) CD 10:46 There being no further business, Vice Mayor Quillin adjourned the Regular meeting of December 3, 2001, at 10:46 p.m. Canlpe AMMasbs CAROLYN J. MASON, MAYOR ATTEST: 1, 34 ( W Ra Cngor BILLY Ec ROBINSON, CITY AUDITOR AND CLERK 7