MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF MARCH 1, 2010

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1 Draft 1 Page 1 MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF MARCH 1, 2010 PRESENT: ABSENT: Mayor Richard Clapp, presiding, Vice Mayor Kelly M. Kirschner, Commissioners Fredd Glossie Atkins, Suzanne Atwell, and Terry Turner (arrived at 2:31 p.m.), City Manager Robert J. Bartolotta, City Attorney Robert M. Fournier, and City Auditor and Clerk Pamela M. Nadalini None The meeting was called to order by Mayor Clapp at 2:30 p.m. INVOCATION/PLEDGE OF ALLEGIANCE: City Auditor and Clerk Nadalini 1. CHANGE TO THE ORDERS OF THE DAY City Auditor and Clerk Nadalini presented the following Change to the Orders of the Day: A. Add under Consent Agenda No. 1, Item No. 4, Request for re-appropriation of $25, from the City s unencumbered general fund allocation to the gratuitous matching funds for Newtown Front Porch Neighborhood Revitalization Council (NFPNRC), per the request of Neighborhood and Development Services General Manager Lorna Alston. Commissioner Turner arrived at 2:31 p.m. Commissioner Atkins stated that confusion has arisen as a result of the proposed addition of Consent Agenda No. 1, Item No. 4, to the Agenda; that the Commission is requested to place the item on the Agenda of the March 15, 2010, Regular Commission meeting to allow him an opportunity to obtain a better understanding of the item. Mayor Clapp and Commissioner Atwell stated that more clarification is needed. In response to a question by Vice Mayor Kirschner asking the reason an item is being added to the Agenda at the last minute, City Auditor and Clerk Nadalini stated that the item was initially on the Agenda during the Agenda Review meeting; that the item was sent back to Staff at the request of the City Manager; that the item was not submitted to the Office of the City Auditor and Clerk prior to publishing the Agenda. City Manager Bartolotta stated that the item can be delayed for two weeks if the Commission desires. Mayor Clapp noted Commission consensus not to approve the Change to the Orders of the Day and place the item on the Agenda of the March 15, 2010, Regular Commission meeting. 2. PRESENTATIONS 1) PRESENTATION RE: LEGISLATIVE ISSUES & FIVE POINT JOB PLAN (AGENDA ITEM 1) Congressman Vern Buchanan, U.S. House of Representatives, 13th District of Florida, came before the Commission and stated that Congressman John Mica, U.S. House of Representatives, 7th District of Florida, and Ranking Member of the U.S. House Committee on Transportation and Infrastructure, will be in the City on March 9, 2010; that the Commission is invited to attend; that the major issues in Washington, D.C., are the economy and the generation of job opportunities; that the unemployment rate in his Congressional District is 12.5 percent. Commissioner Atkins stated that the unemployment rate in District 1 of the City of Sarasota is between 35 to 40 percent.

2 Congressman Buchanan gave a presentation concerning his proposed Jobs Bill including the creation of job opportunities in general and specifically for communities with high unemployment rates, reduction of the capital gains tax from 15 to 0 percent for one to two years, allowance for small businesses to write-off equipment purchased in the year acquired, implementation of tax-free unemployment benefits, utilization of Troubled Asset Relief Program (TARP) funds to assist community banks, and implementation of a $5,000 tax credit for small businesses with a sunset provision for when the economy begins to improve. Congressman Buchanan stated that he encouraged the U.S. President and the Administrator of the U.S. Small Business Administration to meet with ten Democrats and Republicans who are rank-and-file members in the House, have been in business, and have created jobs in their districts to determine a method to create jobs; that approximately $455,000 for the Lido Key Beach Renourishment Project, $683,750 to help renovate and restore the Robert L. Taylor Community Center, and $237,000 for development of Janie s Garden in Newtown in Federal funds have been secured; that the Commission is requested to advise its priorities of the following items to provide a sense of priority when he is seeking Federal funds: Homeless Prevention and Intervention, Lido Beach Renourishment, Police Record System Upgrade, Robert L. Taylor Community Complex After-School Program, and A Downtown Bus Circulator. Congressman Buchanan answered Commission questions concerning the City s partnering with him concerning the Jobs Bill, working together to revitalize the region, and diversification of the local economy; and stated that local contractors and qualified workers must be identified for major projects; that Port Manatee is one of the primary opportunities in the area for the creation of jobs, is the nearest port to Panama and the Panama Canal, and could become one of the largest ports in the Eastern United States; that a port connector road can be built if the port is expanded; that the anticipation is the number of jobs could increase from 20,000 to 50,000 or 60,000 jobs. Vice Mayor Kirschner stated that Port Manatee is one of the least appreciated assets in the area; that Port Manatee is an excellent location to unload if the ships can be filled to capacity with locally manufactured goods upon departure; that the Federal Cap-and-Trade Bill or similar legislation can place the City on the path for renewable energy generation including the manufacturing of solar, solar thermal, and wind applications; that the County and the municipalities within the County are working together in an attempt to persuade Google to use the Sarasota County area as a test site for high speed fiber; that any support is appreciated; that an electronic mail was received today from Sally Tibbets, District Director for Congressman Buchanan, indicating the office has a policy not to intervene with private companies; that the hope is all elected officials will work together to improve the local economy. Congressman Buchanan stated that the current dialogue is to determine the importance of an item to the community; that he will support the effort as an opportunity to create jobs exists; that any Commissioner can advise of items which is believed to be a good opportunity for Sarasota; that he works for the Commission and the communities; that he will attempt to provide assistance on any priorities the City submits if the priorities make sense; that his office receives a significant number of requests; that he would like to discuss any items which will create jobs and business; that the Federal Cap-and-Trade Bill seems to have bipartisan effort; that companies which have merchandise shipped to another location at this time have indicated a willingness to use Port Manatee as the port s capabilities increase. Commissioner Atkins stated that any bill which comes from Congress pertaining to the creation of jobs will be vitally important to communities with high unemployment rates such as the community in which he resides; that the Comprehensive Employment and Training Act (CETA) should be implemented again as the program still exists in the books of Congress; however, a funding Draft 1 Page 2

3 Draft 1 Page 3 appropriation is required; that jobs must be created to replace the reductions made in government; that CETA helped place young people in jobs during the 1970s; that Congress should be encouraged to consider legislation to help young people unable to obtain jobs. Congressman Buchanan stated that his greatest frustration has been the lack of attention given to job creation; that job creation should be the number one issue in Washington, D.C.; that providing a line of capital to assist small businesses to remain open should be considered. Commissioner Turner stated that his top three of the five priorities previously mentioned are: 1) The Robert L. Taylor Community Complex After-School Program, 2) Lido Beach Renourishment, and 3) Homeless Prevention and Intervention. Commissioner Atwell stated that significant reductions are being made in homelessness prevention; that homelessness is a significant issue in the community. Congressman Buchanan stated that homelessness is a difficult and passionate issue; that many citizens are concerned; that an easy answer is not known; that the Commission will have to address homelessness at some point; that communities across the U.S. are believed to have found a balance between compassion and addressing the issue effectively in terms of merchants and everyone else. In response to a question by Commissioner Atwell asking if he has spoken with Downtown associations such as the Downtown Sarasota Association regarding obtaining grants to address homelessness, Congressman Buchanan stated that the City must first create a plan to address the issue which can be supported by the entire community to see what he can do to assist in addressing homelessness. Mayor Clapp stated that a method to fund more opportunities for internships for employment and preparation for youth for the future should be sought. Congressman Buchanan stated that providing youths an opportunity to interact with the real world commercial environment is important; that maybe the Jobs Bill will include consideration of the funding for such programs; that an incentive to attract young people to such programs must be determined; that the program can sunset in one to two years once the people have been placed in jobs. 2) PRESENTATION RE: 2010 YEAR-LONG CELEBRATIONS OF THE CONTRIBUTIONS THROUGHOUT SARASOTA COUNTY OF BERTHA HONORE PALMER, WHO MOVED TO SARASOTA IN 1910 FROM CHICAGO, ILLINOIS (AGENDA ITEM 2) Hans Johnson, Initiator and Coordinator, 2010 Bertha Palmer Celebrations in Sarasota County, and Claire Suter, Member, Venice Area Historic Society, came before the Commission. Ms. Suter gave a presentation concerning the history and accomplishments of Bertha Palmer, who moved from Chicago, Illinois, to Sarasota in 1910 and was a driving force in the development of the Sarasota area. Mr. Johnson gave a presentation concerning the history of the Bertha Palmer Project; stated that 40 presentations regarding the Bertha Palmer Project were scheduled through February 2010 with 12 presentations confirmed for March 2010; and thanked everyone who has supported the Bertha Palmer Project. 3) PROCLAMATION RE: PROCLAIMING MARCH 1, 2010 AS NIK WALLENDA DAY (AGENDA ITEM 3) Presented to Nik Wallenda.

4 3. CITIZENS INPUT CONCERNING CITY TOPICS (AGENDA ITEM I) The following people spoke: Gwen Calloway thanking the members of the Committee who selected Pamela Nadalini as the City Auditor and Clerk, indicating she was disturbed with the Commission s taking a significant amount of time and attention to find someone with the background to continue running the City, and asking the reason Commissioner Turner decided to attempt to reinvent something which had already occurred and request to have the candidates re-interviewed knowing the candidates had already been interviewed and had spoken to the Commissioners. Neil Hirschowitz, representing the Harmony Institute, indicating he is presenting simple solutions to comprehensive issues such as how to make Sarasota a better place, increase revenue, and decrease a number of problems, distributed his February 14, 2010, electronic mail to the City of Sarasota, and indicating he will be returning in two weeks with a synopsis and outline of all proposals. Coots Siegel thanking the City for allowing the neighborhood communities to attend and discuss the various issues involving the proposed roundabouts for the City, indicating the City promised residents the neglected City-owned property adjacent to the Ringling Boulevard and Palm Avenue roundabout would be landscaped, displayed pictures of the neglected City-owned property located on the southwest corner of Ringling Boulevard and Palm Avenue, read Objective 7, Neighborhood Aesthetics and Identity, and Section 7.3, Landscape, of the Neighborhoods Chapter, City s Comprehensive Plan into the record, indicating construction for the Ringling Boulevard and Palm Avenue roundabout is scheduled to begin in September 2010, and the neglected City-owned property will take away from the aesthetics of the Ringling Boulevard and Palm Ave roundabout. Peter Fanning, representing the Downtown Sarasota Condominium Association (DSCA) indicating the DSCA is attempting to transform the City into a Mecca for walking, bicycling, and viewing by upgrading sub-par environments throughout the City, little to no imagination or beauty is exhibited in the nearly one-block area on the east side of Palm Avenue and south of Ringling Boulevard which is heavily traveled and viewed by many people, and should be upgraded, the roundabout will help increase walkability, and recommending the Commission approve funding to improve the neglected City-owned property. Charles Senf indicating neighbors noticed activity along School Avenue at the Seminole Railroad property, most of the vagrants camping at the Seminole Railroad property have been removed, a significant amount of ground has been damaged leaving sand in a large area, he received electronic mail from neighbors expressing appreciation for the removal of vagrants which should be directed to the City, he showed a City employee the debris found on a railroad right-of-way located between the Burke property and Nova Street, he received a letter from the Neighborhood and Development Services Director advising the City has no control over a railroad right-of-way, and recommending repeat violators of zoning regulations be notified the City will be hiring a contractor to correct the violation and the property owner will be billed for the work conducted. 4. APPROVAL OF MINUTES (AGENDA ITEM II) Mayor Clapp noted Commission consensus to approve the minutes of the Regular Commission meeting of February 16, CONSENT AGENDA NO. 1 (AGENDA ITEM IV-A) 1) Approval Re: Authorize the Mayor to execute the proposed Sisterhood Agreement between the Municipality of Merida (State of Yucatan), Mexico and the City of Sarasota, Florida (USA). 2) Approval Re: Authorize Staff to execute the Neighborhood Grant Funding Agreement for FY Neighborhood Grant Program Cycle B with each association/entity awarded Draft 1 Page 4

5 Draft 1 Page 5 the following: 1) Amaryllis Park Juneteenth 2010 ($2,000), 2) Avondale Avondale Historical Marker ($1,550), 3) Burns Square Burns Square Identification Signs ($2,895), 4) Gardens of Ringling Park Community Awareness and Involvement/Newsletter and Neighborhood Directory ($1,823.12), 5) Indian Beach/Sapphire Shores Shorelines IBSSA Newsletter ($2,550.88), 6) Janie s Garden/Janie Poe Residents Association The Lord s Mighty Mites ($2,459.97), 7) Lido Shores Emergency Telephone Tree ($225), 8) Newtown Business and Merchants Youth Rally for Success and Association Communication ($2,901.74), 9) North Trail Redevelopment Partnership North Trail Directory ($3,000), and 10) Rosemary District Rosemary Rising Series ($2,250). 3) Approval Re: Authorize the Mayor and the City Auditor and Clerk to execute the Agreement between the City of Sarasota and the Suncoast Partnership to End Homelessness Community Development Block Grant (CDBG) Subrecipient in the amount of $27,000. A motion was made by Vice Mayor Kirschner, seconded by Commissioner Atwell, and carried by a 5-0 vote to approve Consent Agenda No. 1, Item Nos. 1, 2, and CONSENT AGENDA NO. 2 (AGENDA ITEM IV-B) Vice Mayor Kirschner removed Item 2 for discussion. City Auditor and Clerk Nadalini read proposed Resolution No. 10R-2152 and Ordinance Nos and by title only. 1) Adoption Re: Proposed Resolution No. 10R-2152, authorizing the execution by the Mayor and attestation by the City Auditor and Clerk on behalf of the City of Sarasota, Florida, of the Florida Department of Transportation Public Purpose Lease Agreement for certain property located on Bird Key, etc. (Title Only) 3) Adoption Re: Second reading of 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 1.94± acres parcel of property located on the north side of Aspinwall Street between North Lime Avenue and North Shade Avenue from the Downtown Urban General Future Land Use Classification to the Downtown Urban Mixed Use Future Land Use Classification, currently known as Urban Edge, in accordance with Comprehensive Plan Amendment Application No. 07-PA-03 said property having street addresses of 2347 Aspinwall Street and 414 North Lime Avenue; repealing ordinances in conflict; providing for the severability of the parts hereof, etc. (Title Only) (Application No. 07-PA-03, Applicant Bruce Franklin of Land Resource Strategies, LLC, as agent representing EMPD Investments of Sarasota, LLC, as fee simple owner) 4) Adoption Re: Second reading of proposed Ordinance No , to rezone certain real property located on the north side of Aspinwall Street between Lime Avenue and Shade Avenue with street addresses 2347 Aspinwall Street and 414 North Lime Avenue from the Downtown Neighborhood (DTN) Zone District to the Downtown Edge (DTE) Zone District; all as is more particularly set forth, herein; etc. (Title Only) (Application No. 08-REN-02, Applicant Bruce Franklin of Land Resource Strategies, LLC, as agent representing EMPD Investments of Sarasota, LLC, as the fee simple owner) A motion was made by Commissioner Turner, seconded by Vice Mayor Kirschner, and carried by a 5-0 vote to approve Consent Agenda No. 2, Item Nos. 1, 3, and 4.

6 7. ITEM REMOVED FROM CONSENT AGENDA NO. 2 2) Adoption Re: Proposed Resolution No. 10R-2153, amending the budget for the fiscal year beginning October 1, 2009 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) Vice Mayor Kirschner stated that he removed the item to obtain a better understanding of the Agenda backup material concerning the West Coast Inland Navigation District (WCIND) grant. Sarasota Police Chief Abbott came before the Commission and stated that the WCIND grant was submitted in 2009; that the request is to account for expenditures for an equipment trailer for the City s dive team and the replacement of buoyancy compensators. In response to a question by Vice Mayor Kirschner asking if the funds from the Law Enforcement Trust Fund (L.E.T.F.) are used annually to absorb administrative costs, Police Chief Abbott stated yes; that a ten-year history can be provided if desired; that approximately $36,000 were utilized in fiscal year (FY) 2007/08 and approximately $40,000 were utilized in FY 2008/09; that $18,326 in forfeiture has been collected in FY 2009/10 with $11,515 in legal expenses. Vice Mayor Kirschner requested that the L.E.T.F. funds collected and expended for FYs 2007/08, 2008/09, and 2009/10 be provided; that a Commission Retreat was held January 29, 2010, at which time the Commission discussed attempting to utilize L.E.T.F. funds for social capital to reach young people who are not currently employed. Police Chief Abbott gave a report concerning the L.E.T.F. funds collected and expended for legal, judicial, and administrative costs for FYs 2006/07, 2007/08, and FY 2008/09. In response to a question by Vice Mayor Kirschner asking the FY 2009/10 year-to-date L.E.T.F. funds collected and expended, Police Chief Abbott stated that the year-to-date L.E.T.F. funds is approximately $18,000 collected with approximately $11,000 in legal and judicial expenses. City Attorney Fournier and Police Chief Abbott answered Commission questions concerning the variation in the L.E.T.F. funds collected and expended and the amounts collected prior to FY 2006/07. Mr. Fournier stated that some accounts in which the billing was reflected have been changed resulting in the variations seen; that more cases are in the trial stage today than in the past. In response to a question by Commissioner Turner asking the current L.E.T.F. balance, Police Chief Abbott stated that an answer is not known at this time; that the information will be provided to the Commission in the near future. Commissioner Atkins stated that using L.E.T.F. funds for social gain is important and asked when the Commission will receive a report concerning the up to 85 percent which can be used to help contribute into communities needing the funds. Police Chief Abbott stated that the State fund has no limit; however, at least 15 percent must be contributed if at least $15,000 is incurred; that the Federal fund which is different from the State fund indicates up to 15 percent can be contributed. Commissioner Atkins stated that he would still like to see the report. In response to a question by Vice Mayor Kirschner asking if the reimbursement of administrative costs has been previously requested as he does not recall seeing the line items in previous years, Draft 1 Page 6

7 Draft 1 Page 7 Mr. Bartolotta stated that the current request is establishing accounts as the funds cannot be budgeted in the annual appropriations; that the Commission must authorize the expenditure. In response to a comment by Vice Mayor Kirschner indicating the authorization for L.E.T.F. expenditure for administrative costs in the previous two to three years is not recalled, Mr. Bartolotta stated that the Finance Director indicated the expenditure has been authorized in previous years. Vice Mayor Kirschner requested that the Finance Director send an electronic mail to the Commission providing further clarification of the previous L.E.T.F. expenditures for administrative costs. City Auditor and Clerk Nadalini read proposed Resolution No. 10R-2153 by title only. A motion was made by Vice Mayor Kirschner, seconded by Commissioner Atwell, and carried by a 5-0 vote to approve Consent Agenda No. 2, Item No UNFINISHED BUSINESS (AGENDA ITEM VI) 1) REPORT RE: SENATE BILL 216 REGARDING EXPENDITURE OF PUBLIC FUNDS FOR ADVOCACY PURPOSES WHICH BECAME EFFECTIVE JULY 1, 2009 (AGENDA ITEM VI-1) City Attorney Fournier gave a report concerning Florida Senate Bill (SB) 216, and read into the record the codification as Section , Florida Statutes, which became effective July 1, 2009, prohibiting a local government or a person acting on behalf of a local government from expending public funds which are defined for a political advertisement concerning an issue, referendum, or an amendment subject to an election; and stated that a disclaimer is the statute does not preclude a local government official from expressing an opinion on any issue at any time; that three aspects are presented: 1) the prohibition of the expenditure of public funds, 2) the ability of the Commission to take a position on issues, and 3) enforcement and penalty provisions. Mr. Fournier continued that certain expenditures of public funds are prohibited; that no restrictions of speech are included; that two entities are authorized to render interpretations of the State Statute: the Florida Department of State and the Florida Courts in the event of a legal challenge; and reviewed the potential penalties. Mr. Fournier further stated that the entities with enforcement powers are the State s Attorney General Office and the Florida Election Commission; that the State Legislature has taken action to clarify the legislative intent; that the Commission is recommended to wait to determine the action taken by the State Legislature regarding the State Statute. In response to a question by Mayor Clapp asking if any cases are currently filed in the courts, Mr. Fournier stated no. In response to a comment by Vice Mayor Kirschner indicating the anti-school amendment proponents filed a case in court, Mr. Fournier stated that the anti-school amendment proponents filed under Section 104 rather than 106, Florida Statutes. Mr. Fournier answered Commission questions concerning the inclusion of factual informational inserts in utility bills, the ability of the Commission to take a position on a proposed amendment to the Sarasota City Charter, the Commission s not taking a position on any items presented for placement on referendum, and the position of other communities.

8 2) PRESENTATION RE: MAIN/PALM BULBOUT, FIVE POINTS ROUNDABOUT AND PALM MIXED USE GARAGE PROJECT COORDINATION PLAN (AGENDA ITEM VI-2) Operations and Maintenance General Manager Glenn Marzluf and Senior Utilities Engineer Mary Ellen Maurer, Public Works Department, came before the Commission. Mr. Marzluf gave a presentation concerning the public outreach plan and the City investment for the proposed projects for Downtown in the area of Palm Avenue and Main Street and the professional background of Ms. Maurer; and stated that he attended a recent Downtown Improvement District (DID) meeting at which the DID unanimously agreed the contractor should be given more access to the area to finish the project quickly; that he worked with the Office of the City Auditor and Clerk and other Staff to create the best plan to reach out to residents and stakeholders in the best possible manner. Ms. Maurer gave a computer-generated presentation concerning the Main Street and Palm Avenue bulbout, the Five Points roundabout, and the Palm Parking Garage Mixed-Use Project Coordination Plan including application to the Commission s top five priorities, critical issues to minimize impacts to stakeholders, and the phasing for the Palm Avenue and Main Street bulbout and the Five Points roundabout; and stated that the DID requested brick pavers on Main Street; that some lane closures will be experienced during Phase 3 if the City decides to install brick pavers on Main Street. Ms. Maurer gave a computer-generated presentation concerning the communication plan to keep the public informed of the status of projects and lane or street closures. A motion was made by Vice Mayor Kirschner, seconded by Commissioner Atkins, and carried by a 5-0 vote to extend the meeting until 5 p.m. Mr. Bartolotta, Ms. Maurer, and Mr. Marzluf answered Commission questions concerning the closure of Main Street, signalization of the Five Points intersection during Phase 1, the installation of waterline connectors during which Palm Avenue and Main Street will remain open, and the installation of brick pavers. Vice Mayor Kirschner stated that Staff should speak with representatives of the Zenith Insurance Company regarding the possibility of leasing of their parking garage during the evenings to decrease the parking deficiencies during construction. 9. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS, AND ITEMS FOR NEXT AGENDA (AGENDA ITEM VII) VICE MAYOR KIRSCHNER: 1. gave a report concerning the meeting of the Complete Count Committee which he attended the week of February 22, gave a report concerning his meeting with representatives of the Zenith Insurance Company (Zenith) who advised Zenith was purchased by a Canadian firm. COMMISSIONER ATKINS: 1. gave a report concerning the unemployment report for Census Tracks 2 and stated that Staff and the public sometimes do not understand the difficulties experienced by people who are trying to make ends meet. 3. stated that expanding the youth program to hire more youths is supported. Draft 1 Page 8

9 Draft 1 Page 9 COMMISSIONER ATWELL: 1. stated that the Rowing Regatta scheduled for February 27, 2010, was cancelled. 2. asked the status of the City s inviting the Sarasota Sister Cities Association to attend the March 17, 2010, event for the City s Advisory Boards at the Van Wezel Performing Arts Hall. Vice Mayor Kirschner stated that the Mayor of the City of Merida, Yucatan, Mexico, postponed the trip until possibly the summer due to financial difficulties as a result of the current economy. MAYOR CLAPP: 1. stated that his understanding regarding the Palm Avenue and Ringling Boulevard intersection is the stakeholders agreed to try to raise approximately $15,000 to purchase flowers and plant material for the City-owned property; however, the water connection for irrigation may be an issue; and requested Commission consensus to direct Staff speak with the stakeholders regarding a possible contribution to beautify the City owned-property. Commissioner Turner stated that he would like to know what is occurring in other neighborhoods in the City to assure fairness. City Manager Bartolotta stated that the City s tree program generally funds tree placement throughout the City in conjunction with neighborhood associations; that the City does not maintain the trees once planted. Mayor Clapp noted Commission consensus to direct Staff speak to stakeholders regarding the possible donation of plant materials. 10. OTHER MATTERS/ADMINISTRATIVE OFFICERS (AGENDA ITEM VIII) CITY ATTORNEY FOURNIER: 1. stated that he sent a response to an electronic mail initiated by Commissioner Turner and copied to all Commissioners regarding a pre-suit factual investigation report regarding the mooring field; that a presentation can be made at the March 15, 2010, Regular Commission meeting; however, he must assure the availability of two people who must be present; that he will verify if sufficient time is available on the Agenda as adequate time is required for the presentation; that he will not have sufficient time to generate much written material if placed on the Agenda of the March 15, 2010, Regular Commission meeting; that additional backup material could be provided if the item is placed on a future Agenda; and asked the wishes of the Commission. City Manager Bartolotta stated that two items on the Agenda of the March 15, 2010, Regular Commission meeting will take a significant amount of time: the recommendations concerning the Bayfront Connectivity Plan and a Neighborhood Stabilization Program 2 (NSP2) update. Mr. Fournier stated that the two items may warrant deferring the item on the Agenda beyond the March 15, 2010, Regular Commission meeting; that an item can be placed on a future Agenda which will allow an opportunity to generate the necessary backup material. Mayor Clapp noted Commission consensus to allow the City Attorney to place an item concerning the pre-suit factual investigation report regarding the mooring field on a future Agenda.

10 CITY MANAGER BARTOLOTTA: 1. gave a report concerning the cancellation of the Mama Mia production scheduled for the evening of February 27, 2010; and stated that the Van Wezel Performing Arts Hall (VWPAH) will be providing full refunds or credits. In response to a question by Vice Mayor Kirschner asking the recourse for revenue loss, Mr. Bartolotta stated that a recourse exists but not for lost profit; that he was not able to obtain the exact information from the VWPAH Executive Director at this time; that a report can be provided to the Commission once the necessary information is obtained. DEPUTY CITY MANAGER BROWN: 1. gave a report concerning his meeting with each Commissioner regarding the handling for the removal of items from Consent Agenda; and stated that the City Attorney will be presenting language for the Commission to take a formal action if desired regarding candidates giving a campaign speech during public input. City Attorney Fournier stated that proposed language for the Rules of Procedure will be presented to the Commission for discussion; that the Commission adopted resolutions to amend the Rules of Procedure in the past; that the question arose as to whether the Commission wishes to formalize the new rule; that he can present for discussion two resolutions amending the Rules of Procedure to formalize the new rule regarding candidates giving campaign speeches and the handling for the removal of items from Consent Agenda if desired. Mayor Clapp stated that an evening session for the current Commission meeting will not be held as no other items are scheduled on the Agenda. 11. ADJOURN (AGENDA ITEM IX) Mayor Clapp adjourned the meeting at 4:51 p.m. ATTEST: RICHARD CLAPP, MAYOR PAMELA M. NADALINI, CITY AUDITOR AND CLERK Draft 1 Page 10