AGENDA REQUEST. Approval Re: Minutes of the Regular Sarasota City Commission Meeting of January 2, 2018

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1 AGENDA HEADING: Approval of Minutes AGENDA REQUEST COMMISSION MEETING DATE: January 16, 2018 BY City Auditor and Clerk Pamela Nadalini City Auditor and Clerk Nadalini AGENDA ITEM NO: II.2. Originating Department SUBJECT: Department Head Presenter Approval Re: Minutes of the Regular Sarasota City Commission Meeting of January 2, 2018 COMMISSION PRIORITIES: Business Requirement EXPLANATION: N/A ADMINISTRATION'S RECOMMENDATION: Recommend to approve the Minutes of the Regular Sarasota City Commission Meeting of January 2, 2018, by consensus. APPROVAL SUMMARY: Approval Required Date Completed Completed By Status City Auditor and Clerk Approval Y 01/10/2018 Pamela Nadalini APPROVED

2 ADDITIONAL EXPLANATION: AGENDA REQUEST ADDITIONAL ADMIN RECOMMENDATION: FUNDING SOURCE: AMOUNT: HOUSING IMPACT (Per House): NEW CONSTRUCTION: REHABILITATION: $ 0 $ 0 SUPPORT DEPARTMENTS: City Auditor and Clerk - Pamela Nadalini COMMISSION ACTION: Final Action Motion: Motion By: AGENDA DISPOSITION Second By: Vote: 2

3 MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF JANUARY 02, 2018 PRESENT: Mayor Shelli Freeland Eddie, Vice Mayor Liz Alpert, Commissioners Hagen Brody, Jen Ahearn-Koch and Willie Charles Shaw, Deputy City Manager Marlon Brown, City Attorney Robert Fournier, and City Auditor and Clerk Pamela Nadalini ABSENT: City Manager Thomas Barwin The meeting was called to order by Mayor Freeland Eddie at 2:30 p.m. INVOCATION: City Auditor and Clerk Pamela Nadalini PLEDGE OF ALLEGIANCE: Vice Mayor Alpert 1. CITIZENS INPUT CONCERNING CITY TOPICS (AGENDA ITEM I) The following people spoke: Ann Snyder, also known as Susan B, born at Morton Plant Hospital in Clearwater, Florida, indicating Sarasota, Florida will be the infamous City which has not yet had the first modern meetings for Alcoholics Anonymous (AA). Virginia Hoffman indicating the residents on the entire street on which she resides were having problems as Sarasota County rented the Arlington Park Pool to a college swim team which meets at 5:00 a.m. affecting the sleep of her husband who suffers from chronic pain due to a stroke, however, help was sought and received from the Deputy City Manager, the Director and the General Manager of Parks and Recreation, and the Program Coordinator at Arlington Park, now the noise is very manageable as the City s Sound Ordinance is being enforced and everyone is thanked for the assistance. Norm Dumaine, accompanied by Joyce Burnham, Edith Kaplan, Millie Small, Renee Gluvna, and Rosa Linda Herrera, came before the Commission, introduced each resident and read a prepared statement indicating he and those present with him at the dais have been proponents of a name change of Fruitville Road Park to Circus Trail Nature Park, and all are very thankful for the willingness to approve the name change which is on the Agenda as Consent Agenda No. IV-B APPROVAL OF MINUTES (AGENDA II) Commissioner Ahearn-Koch stated that she has corrections for the minutes of the November 20, 2017, Regular Sarasota City Commission Meeting and the Mayor stated that the minutes of the November 20, 2017, Special Sarasota City Commission Meeting are not on the Agenda. City Auditor and Clerk Nadalini stated that the minutes of the November 20, 2017, Regular Sarasota City Commission Meeting were approved by the Commission at the December 4, 2017, Regular Sarasota City Commission Meeting; that the understanding was any corrections would be provided to the Office of the City Auditor and Clerk. Commissioner Ahearn-Koch stated that the two corrections are substantive and serious, and City Auditor and Clerk Nadalini reiterated that the minutes of the November 20, 2017, Regular Sarasota City Commission Meeting are not on the Agenda, should not be discussed since the minutes were approved at the December 4, 2017, Regular Sarasota City Commission Meeting, but could be resubmitted for approval at a future Commission meeting. Mayor Freeland Eddie stated that the minutes of the November 20, 2017, Regular Sarasota City Commission Meeting were not noticed as being on today s Agenda and noted Commission to place the minutes on the Agenda for the Tuesday, January 16, 2018, Regular Sarasota City Commission Meeting. Draft One Page 1 of 19 Page 1 of 19

4 Mayor Freeland Eddie noted Commission consensus to approve the minutes of the November 30, 2017, Special Sarasota City Commission Meeting as presented. Commissioner Ahearn-Koch stated that the minutes of the December 4, 2017, Regular Sarasota City Commission Meeting under Unfinished Business, Agenda Item V, Item No. 1, Approval Re: Recommendation of the Public Art Committee for installation of public art in the roundabout located at North Palm Avenue and Cocoanut Avenue should be corrected as follows: from; that a change was also made pertaining to pieces of artwork which were located at various other places in the City. to: that a change was also made to the other artwork located near the hotel. Commissioner Ahearn-Koch stated that under Scheduled Presentations, Agenda Item X, Item No. 1, Presentation Re: Update on Sarasota Bayfront Planning Organization process and progress and an introduction of the Master Planning Team, Sasaki Associates, and the new Managing Director, the word was is missing from the sentence, and under Other Matters/Administrative Officers, Agenda Item VIII, Item A, language should be included in the discussion to reflect the Commission will have the ability to present items and topics at the Informal City Commission Meetings. Mayor Freeland Eddie noted Commission consensus to approve the minutes of the December 4, 2017, Regular Sarasota City Commission Meeting as revised by Commissioner Ahearn-Koch. 3. CONSENT AGENDA NO. 1 (AGENDA ITEM IV-A) Commissioner Brody requested from Consent Agenda No. 1, Item No. 1, be removed for discussion. 2) Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Agreement between the City of Sarasota and Microsoft Enterprise Enrollment - State and Local Licensing for the Information Technology (IT) Department in the amount of $276, per year (Agenda IV-A-2) 3) Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the First Extension of Agreement between the City of Sarasota and Ardaman & Associates, Inc., (RFP #14-54DB) pertaining to Soil and Material Testing Services in the amount of $42, (Agenda IV-A-3) 4) Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the First Extension of Agreement between the City of Sarasota and Kimley-Horn and Associates, Inc., (RFP #14-57LKD) pertaining to Consulting Engineering Services (Road Projects) in the amount of $3, (Agenda IV-A-4) 5) Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Amendment between the City of Sarasota and DM Constructors, LLC, Construction Manager-At-Risk, pertaining to renovations to the Sarasota Municipal Auditorium and Recreation Club for a Guaranteed Maximum Price not to exceed $902, (Agenda IV-A-5) 6) Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Name Change Amendment and First Extension of Agreements between the City of Sarasota, T.V. Diversified, LLC, Rowland, Inc., and Hinterland Group, Inc., (BID #14-56LKD) pertaining to Sanitary Sewer System Manhole Rehabilitation Services in the amount of $500,000.00, on an as-needed basis (Agenda IV-A-6) 7) Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Agreements between the City of Sarasota, WSP USA, Inc., Progressive Water Resources, LLC, and Colinas Group, Inc., (RFP #17-41JS) pertaining to City-Wide Draft One Page 2 of 19 Page 2 of 19

5 Environmental and Hydrologist Professional Services in the amount not to exceed $200, (Agenda IV-A-7) A motion was made by Commissioner Brody, seconded by Commissioner Shaw, and carried by a 5-0 vote to approve Consent Agenda No. 1, Item Nos. 2 through ITEMS REMOVED FROM CONSENT AGENDA NO. 1 (AGENDA ITEM IV-A) 1) Approval Re: Request to add an Administrative Specialist II to the Building Division Table of Organization due to an increase in the number of permits and revenues in the Development Services Building Division in the amount of $50, (Agenda IV-A-1) Commissioner Brody stated that the Agenda Item was removed to request Staff provide responses to the following questions: 1) The reason the request was not made in the fiscal year (FY 2017/18) budget process? and 2) How is the department fairing at this point? Commissioner Brody stated that disagreement is not expressed with the request due to the number of s and messages received from the public regarding the permitting process. Director Timothy Tim Litchet and Manager of Permits and Licensing Joyce Williams, Development Services (DS), came before the Commission. Mr. Litchet stated that DS does not know how things will or will not move forward from year to year but tries to forecast as best possible; that the belief was DS was closer to a slow period which has proven to be incorrect; that a list of the most recent projects can be provided; that he tries to be conservative in terms of staffing and is proud of not having to lay off employees during the last recession; that staffing levels were reduced through attrition and retirements; that the City of Sarasota, Florida, was likely the only Building Department in the State of Florida which did not lay off anyone; that many of the forthcoming projects are large projects and are not just the initial intake and processing of permits but require numerous transmittals and revisions; that another reason for the additional position is to provide coverage for unanticipated or planned absences or vacations, especially at the front counter; that the position is very stressful and has high turnover which is not favorable. Ms. Williams stated that each intake transmittal has other associated paperwork which must be added to a permit or sub-form; that the line for setting up inspections is also very busy and is currently handled by two people due to the intake volume; that a couple of weeks ago she had to do the work which is really tedious; that requests for inspections are also received by and scheduled via telephone calls; that approximately 150 inspections are printed out in a day and Staff is constantly processing them within two or three days due the volume. Mr. Litchet stated that asking for a position now is not normal which is realized; however, he brought the matter to the attention of the Deputy City Manager who indicated the matter should be addressed now rather than in the next FY, since the building function has a surplus due to the high volume. Mr. Litchet concluded by identifying the proposed projects and estimated values. In response to a request from Commissioner Brody for clarification regarding separation of the commercial large project and smaller residential project permitting process, Mr. Litchet stated that for the last two years one Staff person had been handling all commercial intake. Draft One Page 3 of 19 Page 3 of 19

6 In response to a question from Commissioner Brody asking if Staff has any plans to implement on-line processing to speed up or facilitate the process, Mr. Litchet stated that the computer system project currently in process will allow for more electronic submissions; however, implementation of the project is six to nine months in the future and people would have to be trained on the use of the new computer system. In response to a comment and a question from Mayor Freeland Eddie referencing the December 12, 2017 memorandum included in the Agenda backup material to the Commission thru the Deputy City Manager from the Director of DS indicating the additional Intake Specialist will reduce the current delay experienced by customers who come to the counter now and asked if the request will improve the level of service provided, Mr. Litchet and Ms. Williams both stated that is correct. In response to a comment and a question from Mayor Freeland Eddie referencing the December 12, 2017 memorandum included in the Agenda backup material indicating the additional Intake Specialist will be cross-trained and will be able to operate in multiple functions to move the proposed projects from department to department to achieve the highest level of service the City can provide, Mr. Litchet and Ms. Williams both stated that is correct. A motion was made by Commissioner Shaw, seconded by Commissioner Brody, and carried by a 5-0 vote to approve Consent Agenda No. 1, Item No CONSENT AGENDA NO. 2 (AGENDA ITEM IV-B) 1) Adoption Re: Proposed Resolution No. 18R-2690, providing for the renaming of Fruitville Road Park to "Circus Trail Nature Park," etc. (Title Only) (Agenda Item IV-B-1) 2) Adoption Re: Proposed Resolution No. 18R-2699, providing that the City Commission shall hold and attend a Joint Meeting; providing that such meeting shall be the Convocation of Governments pursuant to the Interlocal Agreement for Public School Facility Planning held jointly with the Board of County Commissioners of Sarasota County, the City of North Port Commission, the Town of Longboat Key Commission, the City of Venice Council and The School Board of Sarasota County; providing that matters of mutual interest may be received, discussed and acted upon at such Joint Meeting; providing the date and time for such Joint Meeting; providing the location of such Joint Meeting, etc. (Title Only) (Agenda IV-B-2) 3) Adoption Re: Proposed Resolution No. 18R-2700, amending the budget for the fiscal year beginning October 1, 2017 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 IV-B-3) City Auditor and Clerk Nadalini read proposed Resolution Nos. 18R-2690, 18R-2699, and 18R-2770 by titles only. A motion was made by Commissioner Brody, seconded by Commissioner Shaw, and carried by a 5-0 vote to approve Consent Agenda No. 2, Item Nos. 1 through 3. Draft One Page 4 of 19 Page 4 of 19

7 6. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA (AGENDA ITEM VII) COMMISSIONER AHEARN-KOCH: A. stated that she would like to reiterate her earlier previous requests to receive the Agenda package earlier; that the current Agenda package was received a week and a half in advance of the meeting which provided sufficient time to review, ask questions and receive answers; that the topic could be included in discussions at the upcoming Informal Meeting. B. stated that the Annual Holiday Parade and New Year s Eve event were attended and were wonderful. C. stated that Florida League of Cities (FLC) Legislative Conference was attended in early December 2017 in Orlando, Florida. D. stated that she along with other Commissioners attended the St. Armands Circle Holiday Party which was lovely. E. stated that the Sarasota Police Department Promotional Ceremony was attended for Lieutenant Michael Richie Schwieterman. F. stated that the Amaryllis Park Neighborhood Association Annual Holiday Party was attended at the Robert L. Taylor Community Complex (RLTCC) which was visited on several occasions during the month of December 2017 for other events. G. stated that the Ready for 100 Kickoff Meeting was attended on December 20, 2017, at the Robert L. Taylor Community Complex (RLTCC); that 50 to 60 people from the community were in attendance. H. stated that the holiday party for the Boys and Girls Club of Sarasota County was attended and was very interesting. I. stated that she will not be attending the 2018 Convocation of Governments on January 19, 2018, due to attendance at a Florida League of Cities (FLC) event. COMMISSIONER SHAW: A. stated that conversation will be forthcoming in the near future as to whether the City wishes to continue participation in the Southwest Florida Regional Planning Council (SWFRPC) since Sarasota County and other counties are no longer participating; that SWFRPC is responsible for the impact of development on the region; that he would like to place an item on a future Agenda for discussion. B. stated than enough cannot be said about the New Year s Eve event which was phenomenal; that Staff and others who assisted are thanked. C. stated that as related to the opioid epidemic, he read an excellent article in the New York Times regarding addiction highlighting the number of large pharmaceutical companies coming in and taking advantage of the epidemic, which is disheartening since money is being made at the expense of human lives; that the opioid epidemic should be addressed by a different attack. D. stated that the 2017 City Summit hosted by The National League of Cities (NLC) in November 2017, in Charlotte, North Carolina, was attended; that 12,000 plus cities were represented. Draft One Page 5 of 19 Page 5 of 19

8 E. stated that Florida League of Cities (FLC) Legislative Conference was attended in early December 2017 in Orlando, Florida; that the City s Sustainability Manager is commended for an outstanding presentation. F. stated that he served as Chair of the Sarasota/Manatee Metropolitan Planning Organization (MPO), Vice Chaired and will be appointed as Chair of the ManaSota League of Cities, and will serve as Vice Chair of the Southwest Florida Regional Planning Council (SWFRPC); that those who also served are thanked for their participation and support. COMMISSIONER BRODY: A. stated that the favorable comments by fellow Commissioners concerning the recent events Downtown are echoed; that the excellent job by Staff and the Sarasota Police Department was amazing; that no serious incidents were reported, which is exceptional considering the number of people in attendance. B. stated that everyone is wished a Happy New Year and encouraged to reflect upon the past year and the issues faced by the City. VICE MAYOR ALPERT: A. stated that she too echoes the comments by fellow Commissioners regarding the holiday events Downtown; that appreciation is expressed for those who worked and organized the events. B. stated that the issue identified by the Florida League of Cities (FLC) regarding preemption by the State Legislature of local control is significant not only for FLC but also for the City of Sarasota, Florida; that the Commission and the public should contact representatives and senators to advise of the concern. MAYOR FREELAND EDDIE: A. stated that she too echoes the comments by fellow Commissioners; that Staff is thanked for making all events enjoyable and for creating a family-friendly environment. B. stated that an invitation is extended to the Commission, Staff and the public on behalf of the Brotherhood of Men and their mentoring group as rehabilitation of the first home the City donated to the non-profit group located at 2953 North Links Avenue is nearing completion; that the Grand Opening is scheduled for Saturday, January 13, 2018, at 10:00 a.m. and is in conjunction with the commemoration of the Dr. Martin Luther, King, Jr., national holiday. C. stated that she travelled to Washington, D.C., and met with the City s congressional leadership regarding the following three areas of importance: 1) beach renourishment of Lido Beach, 2) advocacy for keeping dollars in the budget for Public Activity Bonds, 3) presentation of copies of the City s Resolution regarding the efforts of the City of Sarasota, Florida, to ensure workforce and attainable housing. D. stated that a change has occurred concerning the delivery by the City of notices to business owners regarding Local Business Tax Receipts (LBTR); that in the past if an individual owed a business and was also a professional the two fees were combined in one LBTR statement; however, two separate statements which look like the original statement are now being distributed but with only one of the two fees, resulting with late notices being sent to business owners who are professionals who believed the fees were already paid but are in default; that the hope is for Staff to review and address the issue. Draft One Page 6 of 19 Page 6 of 19

9 E. stated that she is aware of the Light Project at Payne Park; however, some of the lights which are not part of the project are still not functioning; that none of the lights in the interior of the playground area or the exterior of the trail are functional. F. stated that the Sarasota Police Department (SPD) Homeless Outreach Team (H.O.T. Teams) and first responders are thanked for doing wellness check on the homeless over the past weekend due to the extremely cold weather; that she had a conversation with one individual at Payne Park who is very aware of the H.O.T. Teams and he talked about some ideas and concerns which will be passed along to Staff. 7. OTHER MATTERS/ ADMINISTRATIVE OFFICERS (AGENDA ITEM VIII) CITY ATTORNEY FOURNIER: A. stated that the local media reported about a Public Records lawsuit which Michael Barfield, Vice President of the American Civil Liberties Union (ACLU) of Florida filed against the International Association of Chiefs of Police (IACP) concerning the Staffing Study which included a survey of Sarasota Police Department (SPD) personnel; that the City was named in the lawsuit but does not have custody of the records; that the City agrees with the ACLU s position of the survey documents produced for the Staffing Study are Pubic Record; that on Friday, December 29, 2017, the IACP released the survey documents of the Staffing Study to him; that the documents have been reviewed for any exemptions and were released to the ACLU today; that the issue has now been resolved, obviating the need for a hearing which was going to be held the week of January 8, Mayor Freeland Eddie requested the City Attorney provide the Commission with a copy of the documents released today, and for the City Attorney explain to the viewing public the types of information which can be redacted. City Attorney Fournier stated that typically the concern regarding documents of the SPD is information related to an active criminal investigation, personal information, residency, and Police Officers social security numbers, however, such was not the case in this instant. B. stated that the City Attorney s Office, at the request of the Director of Development Services, has filed a lien on a home in foreclosure located at 620 East Avenue which has been vacant for many years; that the owner is deceased; that the decedent s son has been active in the military since 2005 and was contacted by the Deputy City Attorney who explained the property was vacant and asked if the son or other heirs had any claim to the property; that the son replied in the negative and was informed a wavier could be filed; that the son requested the information be sent to him; that the information was sent but not received back; however, when the Affidavit is received, the City will foreclose on the property. C. stated that the Commission is reminded the Public Hearing of the first reading of the proposed Ordinance to permit Medical Marijuana Dispensaries will be held at the Tuesday, January 16, 2018, Regular Sarasota City Commission Meeting. D. stated that the Administrative Hearing concerning the Appeal from the Notice of Intent to issue the Dredge Permit for Big Pass was held in December 2017 and has concluded; that each side can prepare and submit written recommended Orders to the Administrative Law Judge; that each side has 30 days from the date the transcript is completed to file recommend Orders; that the transcript will be distributed to the Commission once received. CITY AUDITOR AND CLERK NADALINI: A. stated that everyone is wished a Happy New Year. Draft One Page 7 of 19 Page 7 of 19

10 DEPUTY CITY MANAGER BROWN: A. stated that Director Russell Mitt Tidwell of Utilities Department has officially announced his retirement; that Staff has been successful in recruiting a candidate who is expected to begin employment with the City on January 24, 2018; however, Mr. Tidwell has agreed to stay during the transitional period and will leave at the end of February B. stated that Staff is thanked for assisting with the numerous events Downtown over the last couple of months which were all very successful and enjoyed. The Commission recessed at 3:34 p.m. and reconvened at 6:00 p.m. 8. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM XI) The following person (spoke: Martin Hyde displayed a photograph of Alphonse Al Gabriel Capone, also known by the nickname "Scarface" with the heading Be Careful of Unintended Consequences Sarasota on the Chamber monitors, and read a prepared statement indicating the Commission is reminded of unintended or unforeseen consequences to legislative actions, the major legislative proposal for 2018 is the Form-Based Code, within the next few months the Commission Chambers will be filled with the representatives of the Red Shirt Movement who will insist the proposal has gone far enough and only a return to ultra-restrictive practices will save the City from becoming like Fort Lauderdale or Miami, Florida, the reality of the squeaky wheel getting the oil might have always been the case in Sarasota, Florida, but need not be true in NEW BUSINESS (AGENDA XIV) 1) PRESENTATION AND DISCUSSION RE: WAIVER, INCREASE OR ELIMINATION OF TERM LIMITS FOR ADVISORY BOARD MEMBERS (AGENDA ITEM XIV-1) City Attorney Fournier stated that at the November 6, 2017, Regular Sarasota City Commission Meeting, the Commission heard a Board Report from the Parks and Recreation and Environmental Protection (PREP) Advisory Board; that the PREP Advisory Board passed a motion by a 5-0 vote to ask the Commission if a way could be found to allow the current Chair of the PREP Advisory Board to continue serving beyond the two consecutive three-year term limit of Section 2-262, City Code; that the City Attorney advised the Commission an Ordinance is required to amend the provision in the City Code; however, the Commission did not direct the City Attorney to draft an Ordinance but decided to discuss the matter further and consider options at a future meeting; that two relevant sections, Section and Section from the City Code are included in the Agenda backup material along with four options for amending the City Code to serve as a basis for discussion; however, a fifth option would be to retain the two current City Code provisions unchanged; that Commission direction is sought as to the options below which are: Option No. 1: Eliminate term limits for Advisory Board Members. Option No. 2: Retain term limits for Advisory Board Members; but increase limit from two terms to three terms. Option No. 3: Allow the Commission to waive term-limit provisions for any Advisory Board Member if supported by a vote of the Advisory Board; (a) The two consecutive three-year term limit provision may be waived by the Commission for a Board Member if recommended by majority vote of the Advisory Board on which the Member serves; or (b) The two consecutive three-year term limit provision may be waived by the Commission for a Board Member if requested by a supermajority vote of the Advisory Board on which the Member serves; the term super-majority shall mean at least two-thirds of the Advisory Board Members. Draft One Page 8 of 19 Page 8 of 19

11 Option No. 4: Allow the Commission to waive the term-limit provisions for the Chair of any Advisory Board if supported by a vote of the Advisory Board. Option No. 5: Retain the current two City Code term-limit provisions. City Attorney Fournier continued that the City Code also contains a provision that the Chair and Vice Chair of an Advisory Board are elected for a one-year term and cannot serve consecutive terms as Chair or Vice Chair; that revisions could be made to the proposed language which was drafted only for discussion, and briefly explained each of the Options. In response to a question from Mayor Freeland Eddie asking about if a Chair or Vice Chair can serve the one-year term in the position, take off for a year, and still serve two consecutive terms on the Advisory Board, City Attorney Fournier stated yes. Discussion ensued about the reason language was not included as an option for Board Members to take off for a year, and the proposed language change appears to expand either Advisory Board Membership and or the terms of the Chair which is in contravention to the concerns previously discussed by the Commission. Deputy City Manager Marlon Brown, City Manager s Office, came before the Commission and stated that the initial request which is unique came from the PREP Advisory Board; that Staff is a little aligned with having an Advisory Board recommend to the Commission for a member to serve additional time after reaching the term limit; that Staff believes consideration should be given to recommendations of Advisory Boards rather than having someone self-nominate themselves to serve another term. Mayor Freeland Eddie stated that approval would still have to come from the Advisory Board. Vice Mayor Alpert stated that she had not spoken with the Deputy City Manager about the matter but believes the situation is unique; that Option No. 4 is not favored since the belief is an Ordinance should not be drafted based upon a specific fact situation nor should the Commission increase the number of term limits for all Advisory Boards, since an opportunity should be afforded to allow others to serve. Commissioner Ahearn-Koch stated that her feelings are similar and as strong as those indicated by the Vice Mayor; however, when the issue was first presented, the thought was the Chair of the PREP Advisory Board has served on various Advisory Boards, knows a lot and has been invaluable to the PREP Advisory Board; however, now the belief is if the Commission agrees to make a change for this one situation, other Advisory Boards could be impacted if people who want to serve cannot serve which could place the Commission in a negative situation; that making the availability of an exception for a supermajority vote from the Advisory Board followed by another supermajority vote by the Commission would be supported. Commissioner Brody stated that the Commission should be viewing the situation from a policy perspective; that the current Chair of the PREP Advisory Board is supported, however, the decision is about the structure of the Advisory Boards and not the individual. In response to a question from Commissioner Brody asking if the request made by the PREP Advisory Board is to retain the current Chair as Chair for another year and if the proposal would extend the term, City Attorney Fournier stated yes; that the current Chair has served two consecutive three-year terms already; that the request from the PREP Advisory Board is for the Chair to serve as Chair for another additional term. Commissioner Brody stated that having term limits is very important for Advisory Boards for a number of reasons; that Option No. 5 which is for no change is favored. Draft One Page 9 of 19 Page 9 of 19

12 Commissioner Shaw stated that he is conflicted between continuity, especially in places and at times where critical knowledge of the subject and the time is important, but has consequences to the City and the policy regarding Advisory Boards. Vice Mayor Alpert stated that the belief is Option No. 3 would solve the problem since the Commission is not changing the policy and the option would allow the flexibility for someone to serve on an Advisory Board for a longer term. Mayor Freeland Eddie stated that changing the Ordinance to address a situation regarding a particular Advisory Board rather than reviewing the policy implications for all Advisory Boards is of concern, since the conversation would not be taking place if the individual were not qualified and had not performed well; that the PREP Advisory Board functions differently than other Advisory Boards; that a concern is if other Advisory Boards decide to make a similar request; that the Commission is not just planning for the PREP Advisory Board but is also planning as to the process of electing officers and how long members can serve on Advisory Boards; that the question is whether the rules should be the same for every Advisory Board or if the Commission can pick and choose how to treat one Advisory Board compared to others because of the Advisory Board s respective responsibilities. Vice Mayor Alpert stated that she disagrees with the Mayor s comments; that change is not being done just for the PREP Advisory Board but for all Advisory Boards and affords flexibility since the situation could happen with any of the other Advisory Boards, especially since the proposal is not addressing a particular situation. Mayor Freeland Eddie stated that the proposal is, in fact, addressing a particular situation; that the implication is any Advisory Board can decide to increase term limits on the Advisory Boards pursuant to the proposed change; that one impetus is the Commission wants to treat one Advisory Board differently than the others, which is her struggle with the proposal. Commissioner Shaw stated that the proposal allows for flexibility; that the issue will still come before the Commission for a final decision regardless of the recommendation of the Advisory Board. Commissioner Ahearn-Koch stated that the proposal is a tool for special cases in which the Board Member has specific, invaluable institutional knowledge; that the Advisory Board will make the recommendation by a supermajority vote and the item will then come before the Commission which could also require a supermajority vote, and Mayor Freeland Eddie stated that her issues are different. Discussion ensued about the proposed additional term limits, the staggering of the current term limits which allows individuals to come on/off Advisory Boards, the granting of final approval by the Commission for an Advisory Board Member to continue to serve, and the incentive for attracting new Advisory Board Members if the Commission continues to allow increased term limits, and the concern of the Mayor regarding the proposal. City Attorney Fournier briefly explained Option No. 3(b). Commissioner Ahearn-Koch stated that a suggestion is for additional language which would indicate the proposal is a one-time extension and a supermajority vote would have to be received from the Advisory Board; that the Commission should choose Option No. 3(b). Mayor Freeland Eddie stated that the Commission is cautioned about deciding who should sit on Advisory Boards since the Commission considers whether the person has experience in areas other than the area of concern to the Advisory Board on which they serve since the goal is to encourage new and different leadership. Draft One Page 10 of 19 Page 10 of 19

13 The following person spoke: Douglas Christie, Chair of the Nuisance Abatement Board, indicating the issue being discussed is a personal concern, a suggestion would be the term limits should only apply if other candidates have applied, his position as Chair will cease at the next meeting of the Nuisance Abatement Board, however, he would like to be able to serve a second three-year term. A motion was made by Vice Mayor Alpert, and seconded by Commissioner Shaw to direct the City Attorney to draft a proposed Ordinance pursuant to Option No. 3(b) with the inclusion of a requirement for a supermajority vote by the Advisory Board to request the Commission consider waiving the term limits to be followed by a supermajority vote by the Commission for approval, providing no new board applications be accepted during the period, and approval of the term limit is for one time only. Commissioner Brody stated that this issue did not originally come from a Commissioner; that the issue came from a certain circumstance where somebody wants to continue serving; that the hope is a situation will not arise with Board Members or an Advisory Board echoing the same sentiments as the Commission which would be of concern. Vice Mayor Alpert stated that the Commission can always make changes if problems develop; however, the belief is a similar situation will not develop frequently. Mayor Freeland Eddie stated that a past Commission adopted the Ordinance anticipating a commencement and ending date; however, an option to serve longer by coming back is part of the balance in the current Ordinance to allow continuity of service and encourage new membership; that the hope is the Commission will not take any action which would eliminate the opportunity. City Auditor and Clerk Nadalini requested that the Mayor clarify the motion on the floor concerning the reference to not accepting new applications, since the Office of the City Auditor and Clerk oversees the board application process; that surprisingly no one asked for her opinion; that the realization is the Commission makes the decision; however, clarification is being sought as to whether board applications will be accepted during that period which will be important concerning the information Staff will convey to interested parties. In response to a request from Mayor Freeland Eddie for clarification as to what constitutes a vacancy and whether the Office of the City Auditor and Clerk should post, City Attorney Fournier stated that the issue could be discussed before a draft Ordinance is brought back if the motion on the floor is approved; however, the understanding is the Office of the City Auditor and Clerk solicits applications at all times, and City Auditor and Clerk Nadalini stated that applications are only solicited in the event of a vacancy. City Auditor and Clerk Nadalini stated that board applications are held for up to a year; however, the Office of the City Auditor and Clerk will only advertise in the event of a vacancy or term reappointment, and City Attorney Fournier stated that the matter can be discussed. Discussion ensued about how the Commission would make the decision as to whether the term limit for a Board Member would be waived, the City Auditor and Clerk s reiterating board applications are held for up to a year, the City Attorney s indicating board applications could be forwarded and considered immediately if the Commission decides not to waive the term limit for a Board Member, and the question is whether to waive term limits pursuant to a request of an Advisory Board and not whether to consider other people. Vice Mayor Alpert stated that the motion will be changed to reflect the Office of the City Auditor and Clerk will not stop receiving board applications and only forward board applications to the Commission if a decision is made not to waive the term limit. Draft One Page 11 of 19 Page 11 of 19

14 City Auditor and Clerk Nadalini stated that the Office of the City Auditor and Clerk also advertises for reappointments; that the proposal will not affect advertising by the Office of the City Auditor and Clerk; and City Attorney Fournier stated that the Office of the City Auditor and Clerk can continue the open solicitation but will not bring the board applications forward unless an opening is available. Mayor Freeland Eddie called for a vote on the motion to direct the City Attorney to draft a proposed Ordinance pursuant to Option No. 3(b) with the inclusion of language to require a supermajority vote by an Advisory Board to request the Commission considers waiving the term limits to be followed by a supermajority vote from the Commission for approval, for the Office of the City Auditor and Clerk to continue advertising but not to bring board applications forward unless an opening is available and the waiver is for one time only, which carried by a 3-2 vote with Mayor Freeland Eddie and Commissioner Brody voting no. 2) PRESENTATION AND DISCUSSION RE: ACQUISITION OF LAND FOR USE AS A NEW PARK LOCATED AT THE INTERSECTION OF 12TH STREET AND LOCKWOOD RIDGE ROAD (AGENDA ITEM XIV-2) Mayor Freeland Eddie passed the gavel to Vice Mayor Alpert to make the presentation. Mayor Freeland Eddie placed an aerial map entitled East on the Chamber monitors and stated that the item was placed on the Agenda for discussion regarding the acquisition of land for use as a new park and to request the Commission direct Staff to research the availability of two adjacent vacant parcels located at the intersection of 12th Street and Lockwood Ridge Road totaling more than an acre; that one parcel is owned by a private developer and the other is owned by a church; that both parcels have been off the market for a period of five or more years; that one side of the area has numerous trees and the other side is vacant; that the street is very narrow between Lockwood Ridge and Beneva Roads and has no bicycle lanes; however, sidewalks exist on alternating sides of the street; that the area is in desperate need of a dedicated park; that tennis courts, a basketball and football field are in the park at 17th Street and Tuttle Avenue along with swing sets in the back; that included in the Agenda backup material is an explanation of some of the criteria the Parks and Recreation Department uses for determining whether the area should be a park from a City and a County perspective; that the proposed area is a decent location for a park and a deficit of parkland exists within a half mile walking distance; that a park would also be a buffer to the community from a possible future development and rezoning. In response to comments and questions from Commissioner Ahearn-Koch indicating she walked the area, the belief is the neighborhood has a desperate need for a local pocket park which are identified in the Strategic Plan as desired to be located within 15 minutes of walking or biking from residents, connectivity is a concern and asking if any updates have been received regarding the City s Sidewalk Connectivity Plan presented to the Commission in 2016, the status of the sidewalks and if the neighborhood is involved in the discussion regarding a possible park, Mayor Freeland Eddie stated that the area is listed as one of many areas which have a deficit in terms of the Sidewalk Connectivity Plan; that she cannot address whether the entire community wants the park but has spoken with residents in the community who favor a park. Mayor Freeland Eddie stated that another reason a park would be viable is the existing assisted living facility in the middle of the neighborhood across the street from the church; that residents and aides from the assisted living facility often walk up and down the sidewalks; that the park would be a beneficial destination for residents and aides walking residents. In response to a comment and a question from Commissioner Brody indicating the area was visited and the road which cuts through the two parcels is of concern and asking if just the northern parcel which is large would be sufficient for a park, Mayor Freeland Eddie stated that the belief is no, since some small playground equipment should be included in a park and one of the goals is preserving as many trees as possible to provide shade, along with having the option of placing benches and possibly exercise stations in selected locations. Draft One Page 12 of 19 Page 12 of 19

15 In response to a question from Commissioner Brody asking if the Parks and Recreation Director reviewed the proposal, Mayor Freeland Eddie stated yes. Commissioner Shaw stated that he has the same concern regarding the road which cuts through the two parcels; that the parcel located on the south side was an old aircraft landing strip leading to Orient Road on the north where old train cars were stored and has many Australian Pine trees; that the possibility of contamination on the south side is also of concern and the possibility of cleanup required for both parcels; that entering either of the sites could be problematic due to the intersection; that School Crossing Guards have encountered challenges in helping children cross the intersection in the mornings. Mayor Freeland Eddie stated that the concern regarding additional parking was part of the discussion; that the difficulties presented by the intersection are definitely being considered. Commissioner Shaw stated that the preference would be to have ground testing conducted. Parks and Recreation Director Jerry Fogle came before the Commission. Discussion ensued about other parks in need of improvements and funding to be included in the budget, the County s divestiture of a couple of the City parks for which the City will potentially be responsible for maintenance and improvements, the concern of possibly sacrificing the improvement of other parks for the proposed park and determining if the owners have an interest in selling the parcels. Mayor Freeland Eddie stated that owners of both parcels have been contacted, would like to discuss further, and were informed the proposal is just preliminary; that no decision has been made or can occur as approval by the Commission is required; that a request is being made for the Commission to direct Staff to conduct research requiring possible purchase; that she has already spoken with the Parks and Recreation Director to determine if the proposed park would fit into the Parks Master Plan and the potential budget cost. Commissioner Brody stated that area for the proposed park is very close to the County line and, yet the County is divesting their parks to the City which will likely cost the City taxpayers significant money to improve and maintain. Mayor Freeland Eddie stated that the request is due to a deficit in the area; however, concerning the divestment, the County would have to give the City a year s notice of the intent to divest followed by a conversation; that currently seven to twelve parks are on the list as to possible divestiture; that an issue is whether credits are due for the parks the City has been maintaining. In response to questions from Commissioner Shaw asking the cost to the City to have research conducted and the amount of time, Mayor Freeland Eddie stated that one parcel has been listed for over five years with an asking price of $500, but has been removed from the market at least three times; that the asking price for the other parcel is less due to the length of the process; however, she was informed that both owners are very interested. Deputy City Manager Brown stated that an assessment concerning the costs of acquiring the property and making improvements including sidewalks, parking, etc., can be prepared and brought back to the Commission; that Staff is currently drafting a Parks Master Plan including all required considerations; that discussions will be taking place with the County regarding the City and County Interlocal Agreement and the parks which will be returned to the City; that Staff could also provide the Commission a comprehensive report outlining improvements necessary to the parcels so an informed decision can be made; however, nothing will be moved forwarded without approval by the Commission. Draft One Page 13 of 19 Page 13 of 19

16 Vice Mayor Alpert stated that all her concerns were addressed; that the proposal regarding the two parcels should be explored further; that including the proposal in the Parks Master Plan as part of the Commission s review makes sense. In response to a comment and a question from Commissioner Brody indicating the proposed park should not be included in the Parks Master Plan and asking if the assessment of the cost not be referred to a consultant but rather be performed in-house by Staff, Deputy City Manager Brown stated that is correct. In response to a question from the Mayor asking if the Parks and Recreation Director had anything to add, Mr. Fogle stated no. A motion was made by Commissioner Ahearn-Koch, seconded by Commissioner Brody, and carried by a 5-0 vote to direct Staff to conduct an assessment of the cost of acquiring and improving the two properties and report back to the Commission. Vice Mayor Alpert passed the gavel back to Mayor Freeland Eddie after the motion. 3) PRESENTATION AND DISCUSSION RE: PROPERTY LOCATED AT 1174 AND 1186 HAMPTON ROAD (AGENDA ITEM XIV-3) Commissioner Ahearn-Koch stated that the item was placed on the Agenda at the request of the residents of the Tahiti Park neighborhood where she resides; that having been the President of the Tahiti Park Neighborhood Association (TPNA) for 12 years, she has been personally active regarding the issue which has gone back and forth before the Planning Board/Local Planning (PBLP) Agency and the Commission for the last six years solely at the direction of the City Attorney to wait and determine the intentions of the owner, Dr. Steve Bedi; however, the TPNA would like to move the issue forward; that Commission consensus is sought to extend 15 to 17 minutes to the President of the TPNA to speak on behalf of the neighborhood residents who signed up to speak. Mayor Freeland Eddie noted and obtained Commission consensus to extend the time to 15 to 17 minutes for the President of the TPNA to speak on behalf of the neighborhood residents who signed up to speak. Vice Mayor Alpert stated that the preference would be to receive one presentation since the Commission heard from many neighborhood residents at past meetings, Commissioner Brody stated that the Commission has already been briefed individually; and Vice Mayor Alpert stated that she has not met with the President of the TPNA; that the belief is the current presentation is different from previous presentations. City Auditor and Clerk Nadalini reminded the Commission that some individuals who signed up to speak may not be members of the TPNA. The following people spoke: Martin Hyde displayed photographs of the property on the Chamber monitors and read a prepared statement indicating the parcels of land at 1174 and 1186 Hampton Road cover just less than 24,000 square feet in total, which for sports-minded people is less than half a football field, the purchaser bought the property with an understanding of the allowable uses as described in the City records, for the City to go back would only invite a near certain lawsuit regarding loss of property rights at a time when the City s legal costs already average approximately $140,000 per month, at a minimum Commissioner Ahearn-Koch must recuse herself from the conversation as her conflict of interest would invite a lawsuit from the property owner and quite rightly so, however, if the residents of Tahiti Park want to build a Trump-like wall or barrier against the outside world, the residents should do so with their own money and not with City taxpayers money. Draft One Page 14 of 19 Page 14 of 19