MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF MARCH 21, 2011

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1 Draft 1 Page 1 MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF MARCH 21, 2011 PRESENT: ABSENT: Mayor Kelly M. Kirschner, presiding, Vice Mayor Fredd Glossie Atkins, Commissioners Suzanne Atwell, Richard Clapp, and Terry Turner, City Manager Robert J. Bartolotta, Deputy City Attorney Michael Connolly, and City Auditor and Clerk Pamela N. Nadalini City Attorney Robert M. Fournier The meeting was called to order by Mayor Kirschner at 2:31 p.m. INVOCATION: City Auditor and Clerk Nadalini PLEDGE OF ALLEGIANCE: Vice Mayor Atkins 1. CHANGES TO THE ORDERS OF THE DAY City Auditor and Clerk Nadalini presented the following Changes to the Orders of the Day: A. Add under Consent Agenda No. 1, Item No. IV-A-13, the Sixth Amendment to the Interlocal Agreement Providing for Consolidation of the City of Sarasota and Sarasota County Parks and Recreation Services, per the request of Deputy City Manager Marlon Brown. B. Remove under New Business, Item No. XIV-1, proposed Resolution No. 11R-2215, advising citizens to use precautions in using household and outdoor chemicals to lessen environmental damage and possible effects on human health especially children and place under Consent Agenda No. 2, Item No. IV-B-5, per the request of Mayor Kirschner. Mayor Kirschner noted Commission consensus to approve the Changes of the Orders of the Day. 2. CITIZENS INPUT CONCERNING CITY TOPICS (AGENDA ITEM I) The following person spoke: Bruce Franklin indicating the Commissioners including spouses and guests are invited to attend the preview reception of SeaFair scheduled for March 26, 2011, at 5 p.m. at Marina Jack, the SeaFair is the fourth largest privately-owned yacht with a floating art gallery, and gave a summary of the event schedule for SeaFair. David Gurley and Sandy Gurley came before the Commission. David Gurley indicating the creation of the South Palm Avenue Overlay District (Overlay District) has resulted in an air of divisiveness among property owners on South Palm Avenue, 18 of 28 property owners oppose the Overlay District due to the severe setback restrictions, people who oppose the Overlay District favor maintaining South Palm Avenue as a residential neighborhood, and recommending the Commission withdraw the applications to begin the entire process from the beginning. Sandy Gurley indicating the proposed Overlay District does not address the original intent to prevent the construction of timeshares, hotels, or restaurants and people want to maintain the residential character of South Palm Avenue. Karen Melk requesting the Commission withdraw the application creating the Overlay District and indicating the Commission should direct Staff to halt the current process and terminate the effort to create of an Overlay District. Gerald Elden indicating the process for the creation of the Overlay District has been ongoing for approximately three years, the effort of the Coalition of Bayfront Citizens (CBC) is to preserve the

2 residential neighborhood, lawyers are now representing property owners as a result of the miscommunication, property owners with legal representation have declined invitations to meet with the CBC based on the legal advice received, and lawyers have made threats to file a lawsuit against the City and taxpayers to obviate the Overlay District. Jon Stone indicating members of the CBC have expressed an interest in maintaining the residential character of the neighborhood, the Commission-initiated proposal will significantly reduce the property values if adopted, property owners are willing to discuss a compromise if the current process is stopped, and requesting the Commission immediately withdraw the proposal. Crome Dollase indicating a misunderstanding has resulted in a serious miscarriage which has now created the proposed zoning text amendment (ZTA) and Overlay District with onerous setbacks, 18 of 28 property owners on South Palm Avenue oppose the proposal resulting in the hiring of expensive attorneys to protect the owners property rights, and requesting the Commission withdraw the application. John Melk indicating he was informed of the creation of the Overlay District approximately two months ago, distributed and displayed a map of property owners who support and oppose the Overlay District, and indicating the people involved in the process will not be receiving the benefit of the initial intent to prevent the construction of commercial businesses such as a McDonalds, and the Commission has an opportunity to end the potential liability for lawsuits and the necessity to spend more Staff time on the issue. City Manager Bartolotta stated that some difficulty with the legal notices is created as the Sarasota Herald-Tribune will not allow the City to remove the notice from advertising if the Planning Board/Local Planning Agency (PBLP) does not take action on the issue at the April 13, 2011, PBLP meeting; that the Commission may run the advertisement prior to the April 13, 2011, PBLP meeting to schedule the item on the Agenda for the May 2, 2011, Regular Commission meeting; that Staff promised the involved parties to hear the issues expeditiously resulting in the desire to schedule of an item on the Agenda of the May 2, 2011, Regular Commission meeting; that the item would be scheduled on an Agenda of a June 2011 Regular Commission meeting if the legal notice is advertised following the April 13, 2011, PBLP meeting. Mayor Kirschner noted Commission consensus to continue the discussion under Agenda Item VII, Remarks of Commissioners, Announcements, and Items for Next Agenda. 3. APPROVAL OF MINUTES (AGENDA ITEM II) Mayor Kirschner noted Commission consensus to approve the minutes of the Regular Commission meeting of March 7, 2011, and the Statutory Commission meeting of March 14, BOARD ACTION(AGENDA ITEM III) 1) REPORT RE: CITIZENS WITH DISABILITIES ADVISORY BOARD REPORT (AGENDA ITEM III1) JoAnne DeVries, Chair, Citizens With Disabilities (CWD) Advisory Board, and Employee Relations Manager Donita Sumney, Human Resources Department, came before the Commission. In response to a question by Commissioner Atwell asking the amount of funds in the Handicap Fund, Ms. Sumney stated that the Handicap Fund is currently $70,000. Ms. DeVries stated that Commission is requested to approve a funding request in the amount of $2,000 submitted by Ed Ogiba, President, Board of Trustees of the Hearing Loss Association of Sarasota, to provide Communication Access Realtime Translation (CART) services for the 2011 monthly meetings of the Hearing Loss Associations held at the North County Library and gave an overview of the services provided the Hearing Loss Association of Sarasota. Draft 1 Page 2

3 Draft 1 Page 3 In response to a question by Commissioner Atwell asking if the awarding of funds is only for one year, Ms. DeVries stated yes. A motion was made by Commissioner Atwell, seconded by Commissioner Clapp, and carried by a 5-0 vote to accept the board report of the Citizens With Disabilities Advisory Board. A motion was made by Vice Mayor Atkins, seconded by Commissioner Atwell, and carried by a 5-0 vote to approve the funding request in the amount of $2,000 to the Board of Trustees of the Hearing Loss Association of Sarasota to provide Communication Access Realtime Association (CART) services for the 2011 monthly meetings. The Commission recessed into a session of the Community Redevelopment Agency at 3:06 p.m. and reconvened at 3:21 p.m. 5. CONSENT AGENDA NO. 1 (AGENDA ITEM IV-A) Commissioner Turner removed Item Nos. 2, 3, and 4 for discussion. Commissioner Atwell removed Item Nos. 10 and 13 for discussion. 1) Approval Re: FY Neighborhood Grant Program Cycle B. 5) Approval Re: City of Sarasota owned Property Insurance Renewal Brokered through Public Risk Insurance Agency effective April 1, 2011 through March 31, ) Approval Re: Comprehensive Annual Financial Report for the fiscal year ended September 30, 2010, which includes the report for the Community Redevelopment Agency. 7) Approval Re: Management and Governance Letters for the year ended September 30, 2010 as issued by Purvis, Gray and Company, LLP, the City s external Auditors and the Administration s responses thereto. 8) Approval Re: Annual Board Report of the Citizen Tax Oversight Committee on the Penny Sales Tax Extension. 9) Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the First Amendment to and First Extension of the Agreements between the City of Sarasota and Debonair Mechanical, Inc. and Air Mechanical & Service Corp (Bid #10-11MK) for City Wide Installation, Maintenance and Repair Services for HVAC, Chiller and Related Control Systems. 11) Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the First Amendment to Agreement for Consulting Engineering Services between the City of Sarasota and AECOM Technical Services, Inc. (RFP #06-78K) for the Hi Hat Pond Rehabilitation Project in the amount of $85, ) Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Second Amendment to Agreement for Consulting Engineering Services between the City of Sarasota and Ayres Associates, Inc. (RFP #06-21W) to include the north side of Calliandra Drive into the existing Glen Oaks Underdrain Project in the amount of $18, A motion was made by Commissioner Atwell, seconded by Commissioner Clapp, and carried by a 5-0 vote to approve Consent Agenda No. 1, Item Nos. 1, 5 through 9, 11, and ITEMS REMOVED FROM CONSENT AGENDA NO. 1 1) Approval Re: Authorize the City Manager to execute the Final Change Order to the Agreement between the City of Sarasota and Gator Grading & Paving, LLC (Bid

4 #10-17MK) for the Bird Key Park Multi-Use Recreational Trail (MURT) Project in the amount of $55, (Agenda Item IV-A-2) Commissioner Turner stated that Item No. 2 was removed to ask the reason Staff was not aware of the necessary changes and alterations which resulted in a modification to the original permitted condition prior to the commencement of construction of the Bird key Park Multi-Use Recreational Trail (MURT) Project. Public Services Professional Engineering Manager Michael DelRossi and Capital Projects Coordinator Neil Gaines, Utilities Department, came before the Commission. Mr. Gaines stated that the item was returned to the Commission for discussion due to the significant public opposition to the proposed design for the Bird Key MURT Project; that the Commission was advised of the necessity to proceed with construction of Phase 1 of the Bird Key MURT Project as designed due to the near expiration date of the Florida Recreation Development Assistance Program (FRDAP) grant; that the cost and quantities for Phase 2 for the Bird Key MURT Project remained relatively the same although some items were changed as a result of the redesign; that the project was redesigned but not permitted when the bid was issued resulting in problems arising with Florida Power and Light (FPL) and the Florida Department of Transportation (FDOT) and creating the unknown condition. A discussion ensued concerning the funding sources for the $55,000 to pay the Final Change Order to the Agreement between the City and Gator Grading & Paving, LLC, the expenditure of the funds available in the FRDAP grant, and the possible allocation of funds from the FRDAP grant to the Lido Key MURT Project if available. Mayor Kirschner requested confirmation of the funding sources which allocate the $55,000 to pay the Final Change Order in the Agreement between the City of Sarasota and Gator Grading & Paving, LLC, be provided. Mr. Gaines stated that funds in the amount $50, are being allocated from a Florida Department of Environmental Protection grant and $4,855 is being allocated from the General Fund for Parks. A motion was made by Commissioner Turner, seconded by Commissioner Atwell, and carried by a 5-0 vote to approve Consent Agenda No. 1, Item No. 2. 2) Approval Re: Authorize the Mayor and City Manager to execute the Final Change Order to the Construction Services Agreement for Citywide Roads, Sidewalks and Trails between the City of Sarasota and Gator Grading & Paving, LLC (Bid #09-69MK) for additional pavers and irrigation work related to the Selby Five Points Park Enhancement Project in the amount of $14, (Agenda Item IV-A-3) Commissioner Turner stated that Item No. 3 was removed to determine the reason the City rather than the Downtown Improvement District (DID) is requested to pay for the additional pavers and irrigation work related to Selby Five Points Park. Public Services Professional Engineering Manager Michael DelRossi and Capital Projects Coordinator Neil Gaines, Utilities Department, came before the Commission. Mr. Gaines stated that the Commission is not being requested to pay the entire $14,082 in cost overruns; that the DID has paid $9,700 of the $14,082; that the remaining $4,382 were additional items the Public Works and Engineering Department decided must be completed outside the scope of work proposed by the DID. Draft 1 Page 4

5 Draft 1 Page 5 A motion was made by Commissioner Turner, seconded by Commissioner Clapp, and carried by a 5-0 vote to approve Consent Agenda No. 1, Item No. 3. 3) Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Sixth Amendment to Agreement for Consulting Engineering Services between the City of Sarasota and Atkins North American, Inc. (formerly known as Post, Buckley, Schuh & Jernigan, Inc.) (RFP #04-06E) for the West Bayfront Multi-Use Recreational Trail (West MURT) Lido Beach Project in the amount of $54, (Agenda Item IV-A-4) Commissioner Turner stated that the Commission receives many items scheduled on Agendas for projects which are over budget and late; that the perception as a Commissioner is a lot of projects constructed by the City are both over budget and late; and asked if Staff has a sense of the proportion of projects which are completed on or under budget and on time. Public Services Professional Engineering Manager Michael DelRossi and Capital Projects Coordinator Neil Gaines, Utilities Department, came before the Commission. Mr. Gaines stated that the reasons the Bird Key and Lido Beach Multi-Use Recreational Trail (MURT) Projects are coming in over budget are unknown circumstances which arose; that the Bird Key MURT Project, for example, was over budget as a result of buried concrete bridge debris the extent of which was not known. In response to a comment by Commissioner Turner indicating a report of projects which have been completed on time and on budget is desired, City Manager Bartolotta stated that Staff does not have the desired statistical report. Mayor Kirschner noted Commission consensus to direct Staff to provide a report of projects which have been completed both on time and on budget. A discussion ensued concerning the request for additional funds for the West MURT Lido Beach Project and the proposed funding source. A motion was made by Commissioner Turner, seconded by Commissioner Atwell, and carried by a 5-0 vote to approve Consent Agenda No. 1, Item No. 4. 4) Approval Re: 2010 Annual Reports of City Advisory Boards (Agenda Item IV-A-10) Commissioner Atwell stated that Item No. 10 was removed to discuss the annual reports of City advisory boards; that the item should be placed under Unfinished Business rather than Consent Agenda in the future; that a budget should be considered for the cost of Staff time dedicated to advisory boards; that the Commission should consider whether some advisory boards can be sunset or combined as well as meetings scheduled quarterly rather than monthly; that members who have not attended numerous meetings for reasons other than illness should be removed from the advisory board; that the Commission should reconsider the practice of reappointing members without consideration of attendance records. A discussion ensued concerning annual reports of Special Improvement Districts such as the Downtown Improvement District (DID) and the St. Armands Business Improvement District (BID) and a report of the cost implications of Staff time for the DID and St. Armands BID. Commissioner Clapp stated that the Commission directed a review of meeting schedules of City advisory boards approximately two years ago; that the possibility of making adjustments to the meeting schedules for advisory boards is supported. A motion was made by Commissioner Atwell, seconded by Vice Mayor Atkins, and carried by a 5-0 vote to approve Consent Agenda No. 1, Item No. 10.

6 5) Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the agreement between the City of Sarasota and Sarasota County concerning the Sixth Amendment to Interlocal Agreement Providing for the Consolidation of the City of Sarasota and Sarasota County Parks and Recreation Services (Agenda Item IV-A-13) Commissioner Atwell stated that Item No. 13 was removed to express appreciation for all the efforts made by the County for parks and recreation services in the City; that the outcome of the negotiations with the County regarding the Robert L. Taylor Community Complex is disappointing; that she is disappointed a meeting with the Sarasota Board of County Commissioners (BCC) could not be arranged; that the hope is the City and the County will carry the spirit of mutual support in the future regardless of differing views. In response to a comment by Mayor Kirschner indicating the placement of the item under Consent Agenda No. 1 was surprising due to the significant controversy concerning the item, Deputy City Manager Marlon Brown came before the Commission and stated that the item solely addresses the proposed Extension to the Interlocal Agreement between the City and the County for Parks and Recreation Services to May 31, 2011; that the actual Interlocal Agreement will be presented to the current or future Commission in the future; that the BCC has already established some parameters with the forthcoming Interlocal Agreement. A discussion ensued concerning the County s willing to speak with the City Commission regarding the consideration of the Robert L. Taylor Community Complex as a regional facility, the County s proposed investment in the Robert L. Taylor Community Complex for the next five years which includes conducting an analysis of participation by City and County residents at the end of five years, and the methodology used to make the final determination of the financial investment into the Robert L. Taylor Community Complex by the County. Commissioner Turner stated that the belief is nothing would be gained from a Joint Special meeting with the BCC; that the proposed compromise seems fair considering the circumstances; that the Commission should direct Staff to implement the Interlocal Agreement as quickly as possible. A motion was made by Commissioner Atwell, seconded by Vice Mayor Atkins, and carried by a 5-0 vote to approve Consent Agenda No. 1, Item No CONSENT AGENDA NO. 2 (AGENDA ITEM IV-B) Commissioner Turner removed Item No. 5 for discussion. Mayor Kirschner removed Item No. 2 for discussion. City Auditor and Clerk Nadalini read proposed Resolution No. 10R-2187 and proposed Ordinance Nos and ) Adoption Re: Proposed Resolution No. 10R-2187, stating policy relating to mandatory use of City-provided accounts by City Advisory Board Members, etc. (Title Only) 3) Adoption Re: Second reading of proposed Ordinance No , amending the Zoning Code (2002 Edition) of the City of Sarasota by allowing payment into a Parking Trust Fund in lieu of providing otherwise required on-site non-residential parking spaces under certain circumstances within the Downtown Neighborhood Edge (DTNE), Downtown Edge (DTE), Downtown Core (DTC) and Downtown Bayfront (DTB) Zone Districts; providing for severability of the parts hereof, etc. (Title Only) 4) Adoption Re: Second reading of proposed Ordinance No , creating the City of Sarasota Payment in Lieu of Parking Trust Fund; stating the purposes for which monies in the Payment in Lieu of Parking Trust Fund may be expended, the manner in which Draft 1 Page 6

7 Draft 1 Page 7 expenditures from the fund shall be authorized and establishing the geographic area in which the Payment in Lieu of Parking Trust Funds may be expended; providing for severability of the parts hereof if declared invalid, etc. (Title Only) A motion was made by Vice Mayor Atkins, seconded by Commissioner Atwell, and carried by a 5-0 vote to approve Consent Agenda No. 2, Item Nos. 1, 3, ITEMS REMOVED FROM CONSENT AGENDA NO. 2 1) Adoption Re: Proposed Resolution No. 11R-2213, amending the budget for fiscal year beginning October 1, 2010 by providing for supplemental appropriations in the amounts identified in Exhibit A; providing for severability if any of the parts hereof are declared invalid, etc. (Title Only) (Agenda Item IV-B-2) Mayor Kirschner stated that Item No. 2 was removed to ask the reason for the appropriation of funds for the creation of the Newtown Business Incubator Program (Incubator Program); that the Commission has not yet received the report previously requested which details the implementation of the Incubator Program. North Sarasota Redevelopment General Manager Lorna Alston, Neighborhood and Development Services Department, came before the Commission and stated that the $250,000 was appropriated to the City from the County as part of the economic development incentive funds; that Staff is currently conducting a feasibility study which should be completed by March 31, 2011; that the feasibility study will provide clarification as to the manner in which the City should invest the funds; that a report of the recommendation for a sustainable incubator program will be presented to the Commission once received. A discussion ensued concerning the reasons the funds were not previously appropriated and the appropriation of funds prior to Commission discussion. In response to a question by Mayor Kirschner asking the attributing factor to the increase in workers compensation claims, City Manager Bartolotta stated that Staff reviewed the historical trend; that the City typically budgets appropriately based on prior history; that the cost of claims tends to fluctuate over time; that a few bad accidents can increase the cost of workers compensation claims. Human Resource Director Kurt Hovertor and Risk Management Manager Larry Hobbs, Human Resources Department, came before the Commission. A discussion ensued concerning the isolation of accidents to one department and the use of a warning system to address possible patterns in claims. City Auditor and Clerk Nadalini read proposed Resolution No. 11R-2213 by title only. A motion was made by Commissioner Clapp, seconded by Vice Mayor Atkins, and carried by a 5-0 vote to approve Consent Agenda No. 2, Item No. 2. 2) Adoption Re: Proposed Resolution No. 11R-2215, advising citizens to use precautions in using household and outdoor chemicals to lessen environmental damage and possible effects on human health especially children, etc. (Title Only) (Agenda Item IV-B-5) Mayor Kirschner requested that Ed Rosenthal, Advocating Precautionary Principle, come before the Commission to make a presentation previously made to the Sarasota Board of County Commissioners (BCC).

8 Mr. Rosenthal came before the Commission and gave a computer-generated presentation concerning the purpose of the Precautionary Principle Resolution including the prevention of childhood disease, and presented background information including a discussion regarding the regulation of environmental contaminants and regulatory dysfunction in the 2010 President s Cancer Panel Report, the U.S. Environmental Protection Agency (EPA) Office of Pesticide Policy registration process, acknowledgement of the EPA Strategic Plan in the resolution adopted by the BCC, and precautionary screening of 134 chemicals by the EPA. Mr. Rosenthal stated that Temple Beth Sholom, located in Sarasota, Florida, has eliminated chemical control options rather than accepting an unknown level of risk; that the Commission is requested to adopt proposed Resolution No. 11R Commissioner Turner stated that Item No. 5 was removed as the belief is no impact will be made by the adoption of proposed Resolution No. 11R-2215; that the County Health Department should develop an educational program to educate the public on the use of precaution when using household and outdoor chemicals. Commissioner Atwell stated that Staff should issue public service announcements to educate the public regarding the impact to the health of children by the use of household and outdoor chemicals. City Auditor and Clerk Nadalini read proposed Resolution No. 11R-2215 by title only. A motion was made by Commissioner Atwell, seconded by Vice Mayor Atkins, and carried by a 5-0 vote to approve Consent Agenda No. 2, Item No BOARD APPOINTMENTS (AGENDA ITEM V) 1) APPOINTMENT RE: CITIZENS TAX OVERSIGHT COMMITTEE OF THE INTERLOCAL AGREEMENT ON SCHOOL FACILITY PLANNING (AGENDA ITEM V-1) Mayor Kirschner stated that term of Elmer Berkel has expired; that Mr. Berkel is eligible for and has expressed an interest in reappointment. Hearing no objection, Mayor Kirschner noted Commission consensus to reappointment Elmer Berkel to the Citizens Tax Oversight Committee of the Interlocal Agreement on School Facility Planning. 2) APPOINTMENT RE: SARASOTA COUNTY STORMWATER ENVIRONMENTAL UTILITY ADVISORY COMMITTEE (SEUAC) (AGENDA ITEM V-2) Mayor Kirschner stated that the Sarasota County Stormwater Environmental Utility Advisory Committee (SEUAC) is comprised of ten members with no fewer than two members residing within City Limits; that the members shall be recommended by the City Commission and appointed by the County Commission; that Elmer Berkel has submitted an application for consideration. Hearing no objection, Mayor Kirschner noted Commission consensus to recommend the appointment of Elmer Berkel to the Sarasota County Stormwater Environmental Utility Advisory Committee. 3) APPOINTMENT RE: NUISANCE ABATEMENT BOARD (AGENDA ITEM V-3) Mayor Kirschner stated that the terms of Jon Susce and Fernando Gobic have expired; that Mr. Susce and Mr. Gobic are eligible for and have expressed an interest in reappointment. Draft 1 Page 8

9 Draft 1 Page 9 Hearing no objection, Mayor Kirschner noted Commission consensus to reappointment Fernando Gobic to the Nuisance Abatement Board. Mayor Kirschner called for a vote on the reappointment of Jon Susce as Commission consensus was not obtained. Jon Susce received 2 votes: Atkins, yes; Kirschner, yes. Vice Mayor Atkins presented the reasons Mr. Susce is a strong candidate to serve as a member of the Nuisance Abatement Board. Commissioner Clapp stated that the reappointment of Mr. Susce is supported. Jon Susce received 3 votes: Atkins, yes; Clapp, yes; Kirschner, yes. Mayor Kirschner announced the reappointment of Jon Susce to the Nuisance Abatement Board. 10. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS, AND ITEMS FOR NEXT AGENDA (AGENDA ITEM VII) CITY COMMISSIONER TURNER: 1. stated that Staff should proceed with the plan to create the South Palm Avenue Overlay District which has been in the process for approximately two years; that the notice should be sent to the newspaper for advertising prior to the April 13, 2011, Planning Board/Local Planning Agency meeting; that people will still have the opportunity to testify at the April 13, 2011, PBLP meeting and the May 2, 2011, Regular Commission meeting prior to a final determination; that the Commission is recommended to proceed forward. City Auditor and Clerk Nadalini stated that the Office of the City Auditor and Clerk has some concern with arranging for advertising a public hearing prior to the PBLP s action as the topic is very controversial; that the Office of the City Auditor and Clerk generally does not arrange for advertising a public hearing prior to a PBLP meeting; that she wants to ensure the Commission understands the requested direction would be circumventing the normal advertisement process; that April 13, 2011, is too late to advertise for the May 2, 2011, Regular Commission meeting; that Staff will be making assumptions as opposed to waiting to see whether the PBLP takes any action; that the Commission is recommended to schedule the public hearing for June 6, 2011, to allow properly advertising the meeting. Deputy City Attorney Connolly stated that he would like the Commission to proceed with caution as three or four letters were just received from attorneys representing property owners on South Palm Avenue; that the City Attorney s Office may not have sufficient time to prepare an appropriate legal recommendation as the letters must be carefully reviewed; that he agrees with the City Auditor and Clerk as to the inappropriateness of arranging for advertising prior to a PBLP meeting; that three ordinances have been prepared at the direction of the Commission; and asked what message would be sent to the public if the ordinances have already been prepared prior to a PBLP meeting. City Manager Bartolotta stated that the public had previously accused Staff attempting to expedite or delay the process; that any date the Commission directs Staff to schedule the public hearing is acceptable. Mr. Connolly stated that the understanding is a public hearing to discuss the appeal of the height issue regarding the hotel at the site at Five Points has already been scheduled for the June 6, 2011, Regular Commission meeting.

10 Mr. Bartolotta stated that the public hearing for the South Palm Avenue Overlay District can be scheduled for the June 20, 2011, Regular Commission meeting. Mayor Kirschner noted Commission agreement to schedule the public hearing to discuss the creation of the South Palm Overlay District at the June 20, 2011, Regular Commission meeting. The Commission recessed at 4:30 p.m. and reconvened at 6:01 p.m. 11. CITIZENS INPUT CONCERNING CITY TOPICS (AGENDA ITEM XI) Vice Mayor Atkins and Commissioner Turner returned to the Chambers at 6:02 p.m. The following people spoke: Jim Lampl and Phil Grande came before the Commission. Jim Lampl gave a computer-generated presentation concerning the conditions at the newly-renovated Selby Five Points Park, specifically the damaged and dry sod, indicating a pattern of mismanagement of contractors has been observed and several stormwater drains along Main Street are clogged, and requesting Staff take a more proactive approach regarding the management of contractors. Phil Grande indicating Staff has advised the City is not responsible for watering the dry sod as a contractor was hired to plant and maintain the sod, the City should hold the contractor responsible for watering the newly-planted sod if the information provided by Staff is correct, and the City is not responsible seems to be the common answer provided by Staff when a complaint is submitted. 12. LEGISLATIVE PUBLIC HEARING (AGENDA ITEM XII-A) City Auditor and Clerk Nadalini repeated the Commission s Pledge of Conduct and administered an oath to persons wishing to speak during the public hearing. 1) PUBLIC HEARING RE: PROPOSED ORDINANCE NO , AMENDING THE FUTURE LAND USE CHAPTER OF THE COMPREHENSIVE PLAN OF THE CITY OF SARASOTA [AKA THE SARASOTA CITY PLAN (2030)] TO CHANGE THE FUTURE LAND USE CLASSIFICATION OF AN APPROXIMATELY 0.345± ACRE PARCEL OF PROPERTY LOCATED ON THE NORTH SIDE OF SYLVAN DRIVE IN THE BLOCK WEST OF NORTH TAMIAMI TRAIL FROM THE SINGLE FAMILY-VERY LOW DENSITY FUTURE LAND USE CLASSIFICATION TO THE COMMUNITY COMMERCIAL FUTURE LAND USE CLASSIFICATION IN ACCORDANCE WITH COMPREHENSIVE PLAN AMENDMENT APPLICATION NO. 10-PA-01; SAID PROPERTY HAVING A STREET ADDRESS OF 1173 SYLVAN DRIVE; REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY OF THE PARTS HEREOF, ETC. (TITLE ONLY) (APPLICATION NO. 10-PA-01, APPLICANT KARIN MURPHY, AICP, CNU-A OF KARIN MURPHY PLANNING & CONSULTING, INC., AS AGENT REPRESENTING MARIETTA F. LEE, AS FEE SIMPLE OWNER) (AGENDA ITEM XII-A-1) AND QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO , TO REZONE CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF SYLVAN DRIVE IN THE BLOCK TO THE WEST OF NORTH TAMIAMI TRAIL WITH A STREET ADDRESS OF 1173 SYLVAN DRIVE FROM THE RESIDENTIAL SINGLE FAMILY-2 (RSF-2) ZONE DISTRICT TO THE NORTH TRAIL (NT) ZONE DISTRICT WITH PROFFERS; ALL AS IS MORE PARTICULARLY SET FORTH HEREIN, ETC. (TITLE ONLY) (APPLICATION NO. 10-REN-04, APPLICANT KARIN MURPHY, AICP, CNU-A, OF KARIN MURPHY PLANNING AND CONSULTING, INC. AS AGENT Draft 1 Page 10

11 Draft 1 Page 11 REPRESENTING MARIETTA F. LEE, AS FEE SIMPLE OWNER) (AGENDA ITEM XII-B-1) Mayor Kirschner opened the public hearings. Deputy City Attorney Connolly distributed electronic mails relating to the advertisement of the public hearings for Whimsical Arts, LLC, and stated that the record of what occurred resulting in the continuance of the public hearings is as follows: February 28, 2011: an electronic mail was sent to Shay Turner, Sarasota Herald-Tribune, by Development Review Coordinator Chris Gladdue, Office of the City Auditor and Clerk, providing two advertisements, specifically, requiring publication of the advertisement for Application No. 10-PA-01 on Sunday, March 6, 2011, March 16, 2011: an electronic mail was sent to Mr. Shay by Mr. Gladdue to notify the invoice just received for Application No. 10-PA-01 indicates the advertisement was published March 13, 2011, rather than March 6, 2011, March 16, 2011: Mr. Connolly read into the record the response of Mr. Shay to the electronic mail of Mr. Gladdue admitting to the error of not publishing on the correct date, March 16, 2011: Mr. Gladdue forwarded the exchange of electronic mails between himself and Mr. Shay for legal review and advice, March 16, 2011: Mr. Connolly responded to an electronic mail from Mr. Gladdue which includes the quotation of Section IV-202(c)(3) of the Zoning Code (2002 Edition) (Zoning Code) which requires 15 days advance notice prior to a public hearing and Florida Statute which requires 10 days advance notice and indicates he will defer to the potential rescheduling of the public hearing to the Applicant. Mr. Connolly stated that the March 21, 2011, letter from Ralph Tirabassi, Attorney, Fergeson Skipper Shaw Keyser Baron & Tirabassi Attorneys at Law, representing the Applicant, was received earlier today; that the letter indicates the Applicant is not willing to waive the legal defect; that a guaranteed appeal would occur if the public hearing is held at the current meeting; that the Applicant recommends the public hearing be rescheduled to the May 16, 2011, Regular Commission meeting. Mayor Kirschner recognized an Affected Person present in the Chambers who indicated no objection to rescheduling the public hearing to the May 16, 2011, Regular Commission meeting. Mayor Kirschner noted Commission consensus to continue the public hearings for proposed Ordinance Nos and to the May 16, 2011, Regular Commission meeting. Mr. Connolly announced for the record the two public hearings concerning proposed Ordinance Nos and will be continued to the May 16, 2011, Regular Commission meeting, at 6 p.m. in City Hall located at 1565 First Street in the Commission Chambers. Mayor Kirschner stated that Karin Murphy, AICP, CNU-A of Karin Murphy Planning & Consulting, Inc., as agent representing Marietta Lee, as fee simple owner, is able to schedule meetings with the incoming new Commissioners through the Office of the City Auditor and Clerk if desired. 13. NEW BUSINESS (AGENDA ITEM XIV) 1) ADOPTION RE: PROPOSED RESOLUTION NO. 11R-2217, IN OPPOSITION OF THE U.S. ENVIRONMENTAL PROTECTION AGENCY S PROPOSED NUMERIC NUTRIENT CRITERIA FOR FLORIDA AS SET FORTH IN THE WATER QUALITY STANDARD FOR THE STATE OF FLORIDA S LAKES AND FLOWING WATERS RULING, ETC. (TITLE ONLY) (AGENDA ITEM XIV-1)

12 Commissioner Clapp stated that the Florida League of Cities passed the resolution; that Florida League of Cities suggested all cities in Florida pass the resolution; that the ManaSota League of Cities has passed the resolution; and gave a presentation concerning proposed Resolution No. 11R-2217 in opposition of the U.S. Environmental Protection Agency s proposed numeric nutrient criteria for Florida as set forth in the Water Quality Standard for the State of Florida s Lakes and Flowing Waters ruling. A discussion ensued concerning the reasons for opposing the proposed numeric nutrient criteria for Florida s lakes and flowing waters. City Auditor and Clerk Nadalini read proposed Resolution No. 11R-2217 by title only. A motion was made by Commissioner Clapp, seconded by Commissioner Turner, and carried by a 5-0 vote to adopt proposed Resolution No. 11R REMARKS OF COMMISSIONERS, ANNOUNCEMENTS, AND ITEMS FOR NEXT AGENDA (AGENDA ITEM VII) (CONTINUED) COMMISSIONER CLAPP: 1. requested that an item be placed on the Agenda of the April 4, 2011, Regular Commission meeting to consider adoption of a resolution recommended by the Mayor of the City of Sanibel, Florida, to oppose the State s attempt to eliminate local ordinances controlling fertilizer application and stated that the Florida League of Cities also opposes the State s attempt to eliminate local ordinances controlling fertilizer application. Mayor Kirschner noted Commission consensus to place an item on the Agenda of the April 4, 2011, Regular Commission meeting to consider adoption of a resolution to oppose the State s attempt to eliminate local ordinances controlling fertilizer application. 2. requested that a status report concerning the Palm Avenue lot adjacent to the Palm Avenue Parking Garage be provided. City Manager Bartolotta stated that the City cannot sell the property until the documents for the condominiums are prepared which are still being prepared the City Attorney s Office. In response to a question by Commissioner Clapp asking the approximate date the documents will be completed, Deputy City Attorney Connolly stated that an answer will be provided in the near future as an answer is not known at this time. In response to a question by Mayor Kirschner asking the status of Staff s reaching out to the Downtown Sarasota Association (DSA) to determine if any interest in a window design exists, Mr. Bartolotta stated that an answer will be provided in the near future. COMMISSIONER ATWELL: 1. gave a report concerning the One World Award ceremony organized by the Sarasota Sister Cities Association which was excellent. 2. stated that people continue to walk through the roundabout at Five Points rather than using the designated crosswalks and asked the status of Staff s addressing the issue. Deputy City Manager Marlon Brown came before the Commission and stated that Staff should have completed a study of the roundabout in March 2011; that decisions will be made as to the manner in which to proceed to correct the problem once the report is received; that Staff will provide a report to the Commission with recommendations once determined. Draft 1 Page 12

13 Draft 1 Page asked the number of Property Tax Exemption Applications the City has received. City Manager Bartolotta stated that the City has not received any applications. MAYOR KIRSCHNER: 1. asked Staff address the various electronic mails the City received to complain regarding the condition of Selby Five Points Park. City Manager Bartolotta stated that Staff advised the irrigation issues have been fixed; that the information was shared with Jim Lampl and Phil Grande, City residents, who took exception as to whether the issues were truly fixed. Landscape, Parks, and Environment General Manager Todd Kucharski, Public Works Department, came before the Commission and stated that the City has had the problem for approximately one month; that Staff is working with the contractor to resolve the issue; that the understanding is the issue was caused by a combination of items related to the clocks and valves of the irrigation system; that Staff met with the contractor as of this morning to make the necessary changes; that he responded to the electronic mails. A discussion ensued concerning the difference in the lushness between the sod under the trees and the sod not under trees and the use of the green space at Selby Five Points Park for special events. 2. asked the status of the County s commitment to provide a Stormwater Work Plan. Mr. Bartolotta stated that the City has not received the County s Stormwater Work Plan; that the complaints received by the City are forwarded to and addressed by the County; however, the County is not inspecting the regular troubled areas. Mayor Kirschner stated that the City should send the County another letter requesting the County s Stormwater Work Plan. 3. stated that he has received citizens complaints regarding the need to call the City in advance to inform small items will be placed outside a garbage container for pick-up; and asked the origination of the new policies as a citizen also indicated the receipt of an invoice for pick-ups of additional garbage bags placed next to the garbage container. Vice Mayor Atkins stated that trucks are not stopping to pick-up the bulk waste even though someone signals the drivers. Public Works Director Douglas Jeffcoat came before the Commission and stated that the contract does not require residents to call; that Staff has asked residents to call Waste Management in advance to schedule a pickup for bulk waste. A discussion ensued concerning pick-up of household refuge placed outside in black garbage bags and the training of garbage and waste collectors to call in pick-ups when seen. Mayor Kirschner stated that he will attempt to obtain a copy of the invoice received by a City resident to forward to Staff. 4. stated that a concern is Staff determining which projects included on the project list for the Capital Improvement Program (CIP) can move forward or be delayed when a revenue shortfall occurs as the Commission budgets the funds for the CIP.

14 Mr. Bartolotta stated that Staff is attempting to frame the issue to make a presentation during a CIP Workshop; that funds have already been appropriated to projects for the current fiscal year. Mayor Kirschner stated that a concern is a citizens group was advised the group could not meet to discuss redevelopment of Payne Park due to the Florida Government-in-the-Sunshine Law; that the City Attorney advised the citizens group was allowed to meet; however, the citizens group has not yet been reconvened. Mr. Kucharski gave an update for Phase 2 of Payne Park as follows: 1) Staff conducted five community meetings in 2010, 2) two sites have been targeted for the playground which may require Commission approval, 3) the consultant is preparing conceptual playground layouts for both sites including the anticipated completion dates for site plans, 4) plan and bid specifications should be completed by July 1, 2011, and 5) construction is estimated to begin in October 2011 and completed prior to the Christmas holiday. A discussion ensued concerning the lack of updates provided since December 2010 and the potential of installing modular restrooms if the playground is constructed on original site. 5. gave a report concerning his March 17, 2011, trip to Tallahassee, Florida, specifically concerning the residents of Dolphin Towers request for mediation and City support to obtain insurance from Citizens Insurance and the renewable energy bill co-sponsored by Representative Ray Pilon, Florida House of Representatives, District 69,. 15. ADJOURN (AGENDA ITEM XV) Mayor Kirschner adjourned the meeting at 6:56 p.m. ATTEST: KELLY M. KIRSCHNER, MAYOR PAMELA M. NADALINI, CITY AUDITOR AND CLERK Draft 1 Page 14