MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF JULY 18, 2011

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1 Draft 1 Page 1 MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF JULY 18, 2011 PRESENT: ABSENT: Mayor Atwell, presiding, Vice Mayor Turner, Commissioners Paul Caragiulo, Willie Shaw, and Shannon Snyder, City Manager Robert Bartolotta, City Attorney Robert Fournier, and City Auditor and Clerk Pamela Nadalini None The meeting was called to order by Mayor Atwell at 2:30 p.m. INVOCATION: City Auditor and Clerk Nadalini PLEDGE OF ALLEGIANCE: Vice Mayor Turner Mayor Atwell stated that an opportunity is being taken to exercise the Mayor s privilege; read a prepared statement responding to some vitriolic correspondence received during the last couple of days regarding the issue of homelessness and group feedings at Selby Five Points Park; and stated that some interesting ideas have been presented to address the needs, however, in many instances, the reasonable standards of advocacy have been exceeded by personal attacks against the Vice Mayor and City Attorney, both of whom are respected; that additionally, the vitriol directed at the City Manager cannot further allow the ability to collaborate and allow for civil discourse; that the hope is future comments will be confined to advocacy and personal attacks discontinued. 1. CITIZENS INPUT CONCERNING CITY TOPICS (AGENDA ITEM I) No one signed up to speak. 2. APPROVAL OF MINUTES (AGENDA ITEM II) Mayor Atwell stated that the minutes of the July 5, 2011, Regular Commission meeting should clarify the comments she made under Agenda Item VIII, Remarks of Commissioners, Announcements, and Items for Next Agenda, concerning the desire of a business owner to purchase parking permits for employees; that the cost of the parking permits was not the issue but rather the employer was not successful in purchasing annual parking permits for her employees. A motion was made by Commissioner Snyder, seconded by Commissioner Caragiulo, and carried by a 5-0 vote to approve the minutes of the Regular Commission meeting of July 5, 2011, as clarified. 3. CONSENT AGENDA NO. 1 (AGENDA ITEM IV-A) 1) 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 AECOM Technical Services, Inc. (RFP #06-78K) for the Hi Hat Ranch Pond A Rehabilitation Project. 2) Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Agreement between the City of Sarasota and Jon F. Swift, Inc. (RFP 11-31K) concerning the St. Armands Circle Medians Enhancement Project. 3) Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Second Amendment to Consent Order OGC File No between the City of Sarasota and the Florida Department of Environmental Protection for the City s Advanced Wastewater Treatment Facility. 4) Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Agreement for Sanitary Sewer System Manhole Rehabilitation Services between the City of Sarasota and T.V. Diversified, Inc., (ITB 11-27W) for Manhole Rehabilitation Services.

2 5) Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the First Amendment and First Extension of Agreement for between the City of Sarasota and Jade Mailloux and Sons, Inc., (ITB 10-45MK) for Concrete Tank Repair. A motion was made by Commissioner Caragiulo, seconded by Commissioner Snyder, and carried by a 5-0 vote to approve Consent Agenda No. 1, Item Nos. 1 through CONSENT AGENDA NO. 2 (AGENDA ITEM IV-B) City Auditor and Clerk Nadalini read proposed Resolution No. 11R-2240 and Ordinance Nos , , , , , , , and by title only. 1) Adoption Re: Proposed Resolution No. 11R-2240, amending the budget for the 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) 2) Adoption Re: Second reading of proposed Ordinance No , calling a Referendum of the Qualified Electors of the City for the purpose of determining whether the City Charter shall be amended to require a Super Majority vote of the City Commission to adopt an Ordinance granting a franchise for a term of greater than ten years; to approve a contract or lease to which the City is a party when the term of the contract or lease is greater than ten years, subject to exceptions as provided herein; or to approve any change in the City s Pension Plan which would increase the actuarially accrued liability of the plan; stating the Referendum Question and Title; stating the text of the proposed Charter Amendment; stating the date on which the Referendum will be held; providing an effective date for the Charter Amendment, if approved, etc. (Title Only) 3) Adoption Re: Second reading of proposed Ordinance No , calling a Referendum of the Qualified Electors of the City for the purpose of determining whether the City Charter shall be amended to lengthen the time frame to obtain voter signatures on Citizens Initiative Petition to amend the City Charter; stating the Referendum Question and Title; stating the text of the proposed Charter Amendment; stating the date on which the Referendum will be held; providing an effective date for the Charter Amendment, if approved, etc. (Title Only) 4) Adoption Re: Second reading of proposed Ordinance No , calling a Referendum of the Qualified Electors of the City for the purpose of determining whether the City Charter shall be amended to delete the current provisions of Article XI Section 4 which require that employers receiving a subsidy from the City worth more than one hundred thousand dollars per fiscal year and having fifty or more employees shall pay those employees an alternate minimum wage as set forth in the Federal Register by the U.S. Department of Health and Human Services; stating the Referendum Question and Title; stating the text of the proposed Charter Amendment; stating the date on which the Referendum will be held; providing an effective date for the Charter Amendment, if approved, etc. (Title Only) 5) Adoption Re: Second reading of proposed Ordinance No , calling a Referendum of the Qualified Electors of the City for the purpose of determining whether the City Charter shall be amended to reflect various recommendations made by the appointed Charter Review Committee, as more fully specified herein; stating the referendum question and title; stating the text of the Proposed Charter Amendments; stating the date on which the referendum will be held; providing for an effective date for the Charter Amendments, if approved, etc. (Title Only) 6) Adoption Re: Second reading of proposed Ordinance No , changing the date for the second or Run Off Election for the Office of the City Commissioner from the second Tuesday in April to the second Tuesday in May in order to enable the Sarasota County Draft 1 Page 2

3 Draft 1 Page 3 Supervisor of Elections to comply with State Law regarding the mailing of absentee ballots to voters serving in the United States Military, etc. (Title Only) 7) Adoption Re: Second reading of proposed Ordinance No , amending the Sarasota City Code, Chapter 12, Elections, Article II, Nomination of Candidates, Section 12-21, Nominating Petitions, to change the candidate qualifying period for City Elections in order to enable the Sarasota County Supervisor of Elections to comply with State Law regarding the mailing of absentee ballots to voters serving in the United States Military and amending Section of the City Code to Change the date on which the City Auditor and Clerk shall transmit Election returns to the City Commission to conform to the City Charter and State Law, etc. (Title Only) 8) Adoption Re: Second reading of proposed Ordinance No , calling a Referendum of the Qualified Electors of the City for the purpose of determining whether the City Charter shall be amended to require approval of the electros at Referendum prior to the issuance of Certificates of Participation by the City for any purpose; stating the Referendum question and title; stating the text of the Proposed Charter Amendment; stating the date on which the referendum will be held; providing for an effective date for the Charter Amendment, if approved, etc. (Title Only) 9) Adoption Re: Second reading of proposed Ordinance No , amending the Sarasota City Code, Chapter 33, Traffic and Motor Vehicles, to include a definition for Parking Pay Station; to describe the purpose and effect of the pay stations; establishing the regulations for parking spaces and corresponding pay stations; repealing ordinances in conflict herewith; providing for the severability of parts hereof, etc. (Title Only) A motion was made by Commissioner Snyder, seconded by Commissioner Shaw, and carried by a 5-0 vote to approve Consent Agenda No. 2, Item Nos. 1 through UNFINISHED BUSINESS (AGENDA ITEM VI) 1) ADOPTION RE: PROPOSED RESOLUTION NO. 11R-2229, SETTING FORTH THE INVESTMENT POLICY APPLICABLE TO ALL FUNDS OF THE CITY OF SARASOTA WITH THE EXCEPTION OF PENSION FUNDS AND OTHER POST EMPLOYMENT BENEFIT (OPEB) FUNDS; ESTABLISHING INVESTMENT OBJECTIVES; AFFIRMING AUTHORITY TO INVEST SURPLUS FUNDS; ESTABLISHING CONTINUING EDUCATION REQUIREMENTS, AUTHORIZED INVESTMENT INSTITUTIONS AND DEALERS, MATURITY AND LIQUIDITY REQUIREMENTS, AND AUTHORIZED INVESTMENT AND PORTFOLIO COMPOSITION; PROVIDING FOR AN INVESTMENT COMMITTEE AND REPORTING REQUIREMENTS, REPEALING ALL RESOLUTIONS IN CONFLICT, ETC. (TITLE ONLY) (AGENDA ITEM VI-1) Finance Director Christopher Lyons, Financial Administration Department, and Stephen Alexander, Partner, PFM Asset Management, LLC, came before the Commission. Mr. Lyons gave an overview concerning the decision to outsource the functions of the position of investment manager rather than hiring a replacement upon his retirement; and stated that some of the remaining responsibilities were reassigned to other Staff. Mr. Alexander gave a computer-generated presentation concerning proposed Resolution No. 11R-2229, setting forth the investment policy applicable to all funds of the City with the exception of pension funds and Other Post-Employment Benefits (OPEB) funds. A motion was made by Vice Mayor Turner, seconded by Commissioner Snyder, and carried by a 5-0 vote to adopt proposed Resolution No. 11R-2229.

4 2) ADOPTION RE: SECOND READING OF PROPOSED ORDINANCE NO , CALLING A REFERENDUM OF THE QUALIFIED ELECTORS OF THE CITY FOR THE PURPOSE OF DETERMINING WHETHER THE CITY CHARTER SHALL BE AMENDED TO ALLOW CITY COMMISSIONERS ANNUAL SALARY TO BE INCREASED UP TO THE FULL SALARY AUTHORIZED BY THE FLORIDA STATUTES FOR COUNTY COMMISSIONERS OF A COUNTY IN THE SAME POPULATION GROUP CATEGORY AS THE CITY OF SARASOTA, PROVIDED THAT AN ORDINANCE APPROVING SUCH INCREASE IS ADOPTED BY SUPER MAJORITY VOTE; STATING THE REFERENDUM QUESTION AND TITLE; STATING THE TEXT OF THE PROPOSED CHARTER AMENDMENT; STATING THE DATE ON WHICH THE REFERENDUM WILL BE HELD; PROVIDING AN EFFECTIVE DATE FOR THE CHARTER AMENDMENT, IF APPROVED, ETC. (TITLE ONLY) (AGENDA ITEM VI-2) City Attorney Fournier stated that the item was placed under Unfinished Business for second reading as Commissioner Caragiulo voted no during the public hearing held at the July 5, 2011, Regular Commission meeting. City Auditor and Clerk Nadalini read proposed Ordinance No by title only. A motion was made by Vice Mayor Turner, seconded by Commissioner Shaw, and carried by a 4-1 vote with Commissioner Caragiulo voting no to adopt proposed Ordinance No ) ADOPTION RE: SECOND READING OF PROPOSED ORDINANCE NO , CALLING A REFERENDUM OF THE QUALIFIED ELECTORS OF THE CITY FOR THE PURPOSE OF DETERMINING WHETHER THE CITY CHARTER SHALL BE AMENDED TO PROVIDE THAT THE CITY SHALL NOT ENTER INTO ANY DERIVATIVES IN CONNECTION WITH A BOND ISSUANCE; STATING THE REFERENDUM QUESTION AND TITLE; STATING THE TEXT OF THE PROPOSED CHARTER AMENDMENT; STATING THE DATE ON WHICH THE REFERENDUM WILL BE HELD; PROVIDING AN EFFECTIVE DATE FOR THE CHARTER AMENDMENT, IF APPROVED, ETC. (TITLE ONLY) (AGENDA ITEM VI-3) City Attorney Fournier stated that the item was placed under Unfinished Business for second reading as Mayor Atwell voted no during the public hearing held at the July 5, 2011, Regular Commission meeting. City Auditor and Clerk Nadalini read proposed Ordinance No by title only. A motion was made by Vice Mayor Turner, seconded by Commissioner Shaw, and carried by a 4-1 vote with Mayor Atwell voting no to adopt proposed Ordinance No ) APPROVAL RE: PROPOSED STATE STREET PARKING GARAGE DEVELOPMENT PROCESS (AGENDA ITEM VI-4) Purchasing Manager Mary Tucker, Financial Administration Department, and Chief Planner Steven Stancel, Neighborhood and Development Services Department, came before the Commission. Mr. Stancel stated that Staff is seeking to proceed with the development agreement with IGH 1400 State, LLC, for the construction of the State Street Parking Garage; that the agreement requires the construction of a minimum of 300 parking spaces; that the previous Commission discussed the possibility of constructing workforce housing as part of the project; and gave a computer-generated presentation concerning the location of the current State Street parking lot and the State Street Parking Garage Parcel Survey. Mr. Stancel stated that the previous Commission voted to vacate the adjacent alley once all utilities have been removed. Draft 1 Page 4

5 Draft 1 Page 5 In response to a question by Vice Mayor Turner asking the procedure to rescind an alley vacation, City Attorney Fournier stated that the Commission could rescind an alley vacation based on failure of conditions or pass an ordinance to amend the ordinance was passed in March 2007 following the approval following the approval of the site plan for Phases 1, 2, and 3 of the Pineapple Square Project. Mr. Stancel gave a computer-generated presentation concerning recommended future sites for parking facilities, the goals and objectives for the State Street Parking Garage, the State Street Parking Garage proposed process including Phases 1 and 2 and the proposed project schedule, and the reason to construct the State Street Parking Garage at this time. The following people spoke: Phil Pagano requesting the City consider exploring reserving a portion of the first floor of a new State Street Parking garage for an expanded Farmers Market, indicating the idea of a farmers market on the first floor of the State Street Parking Garage was raised during the recent Semcon Conference, and an electronic mail received from the Farmers Market Coalition will be forwarded to the Commission for review. Terry Hart indicating the Downtown Farmers Market Board of Directors will be compiling data concerning farmers markets and requesting the Downtown Farmers Market Board of Directors be included in any discussions relating to the changes in the Farmers Market. George McGongagill indicating the modifications proposed to the design-build process for the State Street Parking Garage are supported. City Manager Bartolotta stated that Staff envisions vetting the proposed State Street Parking Garage with the Commission and community during Phase 1 to determine the uses; that Staff will not disregard any potential uses of the first floor of the State Street Parking Garage such as a farmers market, a drug store, or high-end retail stores; that Staff expects the drawings to go to the 30 percent level during Phase 1; that the Commission will select a firm solely based on the qualifications; that the expectation is the selected firm will complete Phases 1 and 2. Ms. Tucker stated that the request for proposal (RFP) will include minimum criteria which must be met for consideration. Randy Welker, Economic Development Coordinator, the Greater Sarasota Chamber of Commerce, came before the Commission and stated that he was tasked with determining methods to encourage development Downtown; that numerous companies have expressed an interest in the State Street Parking Garage; that interest in the location is based on market conditions; that now is an opportune time to construct the State Street Parking Garage. A motion was made by Commissioner Shaw to move forward with proposed State Street Parking Garage development process including considering the construction of affordable housing, pre-selling retail space, and considering all alternatives for the development of the ground floor of the proposed State Street Parking Garage, which failed for lack of a second. City Manager Bartolotta stated that Commission can pass a motion to approve the State Street Parking Garage development process; that Staff be further direct to identify possible uses and consider pre-selling retail space during Phase 1; that Staff should clearly identify and the Commission approve the use for the first floor and whether to build any workforce housing prior to actual Phase 2; that additional conditions to have the ultimate use determined, pre-sold, and developed as well as the workforce housing can be included in the motion if the Commission decides to approve the proposed State Street Parking Garage development process.

6 A motion was made by Commissioner Shaw, seconded by Commissioner Caragiulo, and carried by a 3-2 vote with Vice Mayor Turner and Commissioner Snyder voting no to move forward with the proposed State Street Parking Garage development process and direct Staff to clearly define the use for the ground floor, require the presale of retail space if necessary, and determine whether workforce housing will be constructed. 6. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS, AND ITEMS FOR NEXT AGENDA (AGENDA ITEM VII) COMMISSIONER CARAGIULO: 1. requested that a status concerning the progress of the possible efficiencies to the development review permitting process previously discussed during an Informal Commission meeting be provided. Vice Mayor Turner stated that a report will be provided at the July 26, 2011, Informal Commission meeting. 2. gave a report concerning the July 15, 2011, Lido Beach Residents Association Subcommittee meeting, specifically possible future uses for the Lido Pool and Pavilion. MAYOR ATWELL: 1. gave a report concerning the progress of Lift Station No. 87 and stated that updates are available on the City s website. 2. recognized Executive Director Mary Bensel, Van Wezel Performing Arts Hall (VWPAH), and Staff for the successful Friday Fest held July 15, 2011, at the VWPAH. 7. OTHER MATTERS/ADMINISTRATIVE OFFICERS (AGENDA ITEM VIII) CITY ATTORNEY FOURNIER: 1. stated that Deputy City Attorney Michael Connolly will be present at the July 20, 2011, Town Hall meeting as he will be attending the Florida Municipal Attorneys Conference to meet continuing education requirements. CITY AUDITOR AND CLERK NADALINI: 1. stated that the first of two Budget Workshops is scheduled for July 19, 2011, at 8 a.m. 2. gave a report concerning the feedback obtained from the ManaSota League of Cities Training Sessions. 3. stated that the Office of the City Auditor and Clerk has been requested to assist with the organization of the Annual Conference of the Florida League of Cities which is scheduled August 11 through 13, 2011; that Commissioners are recommended to register for the Super Regional Breakfast held on August 13, 2011, which is hosted by the Tri-County League of Cities, the Suncoast League of Cities, and the ManaSota League of Cities. 4. requested that the Commission begin thinking about the City s legislative priorities for 2012 as an item will be placed on the Agenda of the August 15, 2011, Regular Commission meeting for discussion. In response to a request by Vice Mayor Turner to provide a copy of the legislative priorities for 2011, City Auditor and Clerk Nadalini stated that the 2011 legislative priorities will be provided. Draft 1 Page 6

7 Draft 1 Page 7 The Commission recessed at 4:04 p.m. and reconvened at 6:02 p.m. 8. COMMISSION PRESENTATIONS (AGENDA ITEM IX) 1) PRESENTATION RE: CHECK PRESENTATION FROM THE COMMUNITY FOUNDATION OF SARASOTA COUNTY, INC., TO THE CITY OF SARASOTA POLICE DEPARTMENT (AGENDA ITEM IX-1) Presented by Wendy Hopkins, Vice President of Grant and Program Services, the Community Foundation of Sarasota County, Inc., to Sarasota Police Chief Mikel Hollaway and Sarasota Police Officers Ricardo Cannon, Dominic Harris, and Luis Paris. 9. SCHEDULED PRESENTATIONS (AGENDA ITEM X) 1) PRESENTATION RE: INTRODUCTION OF MR. MARK HUEY, PRESIDENT AND CEO OF THE ECONOMIC DEVELOPMENT CORPORATION OF SARASOTA COUNTY (AGENDA ITEM X-1) Mark Huey, President and Chief Executive Officer, Economic Development Corporation of Sarasota County (EDC), came before the Commission; stated that Sarasota is filled with good opportunities for quality growth; that he is meeting with businesses and elected officials over the next 60 to 90 days to become more familiar with the economical needs; and gave an overview concerning the accomplishments of the EDC year-to-date which resulted in 900 employees working in Sarasota and his personal and professional background. 2) PRESENTATION RE: URBAN ARTS PROGRAM FOR THE ROBERT L. TAYLOR COMMUNITY CENTER (AGENDA ITEM X-2) Shakira Refos, Director, Urban Arts Academy, came before the Commission, gave an overview concerning her educational background and the purpose for creating the Take Over HipHop Urban Arts Academy and stated that the Urban Arts Academy was designed with the idea a contemporary alternative to after-school programs was necessary; that art collectors and Ringling College of Art and Design (Ringling College) students have expressed an interest in being part of the group who will work within the Urban Arts Academy to implement the City s strength to help integrate its large arts community; that the Urban Arts Academy will be open after school or when school is not open. Ms. Refos gave a computer-generated presentation concerning the following curriculum activities which will be offered at the Urban Arts Academy: Community appreciation which includes the painting of a mural, Community documentation which includes the taking of pictures and organizing an art show, Youth produced radio program, Theater which includes the creation of show, and The mission and goals of the Urban Arts Academy. 10. CITIZENS INPUT CONCERNING CITY TOPICS (AGENDA ITEM XI) The following person signed up to speak: Jessie Johnson indicating the City has no jobs to offer the homeless, the same crew being used to pour cement at the Booker High School Renovation Project is the same crew previously used which does not include local Newtown residents, developers do not contract local Newtown residents as the developers use their own employees, and the less fortunate have no representation in the City.

8 11. 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 RESOLUTION NO. 11R-2236, AMENDING RESOLUTION 10R-2170 WHICH ESTABLISHED AN INVENTORY LIST OF ALL REAL PROPERTY WITHIN THE CITY S JURISDICTION TO WHICH THE CITY HOLDS FEE SIMPLE TITLE THAT IS APPROPRIATE FOR USE AS AFFORDABLE HOUSING BY DELETING THEREFORE THE FORMER COMMUNITY GARDENS PROPERTY LOCATED AT 1440 BOULEVARD OF THE ARTS; PROVIDING THE ADDRESS, LEGAL DESCRIPTION AND STATING WHETHER SAID PROPERTY IS VACANT OR IMPROVED; ALL AS REQUIRED BY SECTION , FLORIDA STATUTES (2010), ETC. (TITLE ONLY) (AGENDA ITEM XII-A-1) Mayor Atwell opened the public hearing. Purchasing Manager Mary Tucker, Financial Administration Department, came before the Commission; gave a presentation concerning proposed Resolution No. 11R-2236 amending Resolution No. 10R-2170 which established an inventory list of all real property within the City limits to which the City holds fee simple title and which is appropriate for use as affordable housing by deleting the former community gardens property located at 1440 Boulevard of the Arts and the following proposed two options for the sale of the property which include a buy-back provision: Option 1: to sell to the highest bidder or Option 2: to sell according to the best use of the property. Commissioner Shaw stated that the sale of the property located at 1440 Boulevard of the Arts prior to overcoming the economy downturn is not supported. The following person spoke: Daniel Clarke indicating he does not oppose affordable housing, the property is considered an extension of Downtown, people are committed to do something meaningful with a project on the site, and the City may receive many exciting opportunities if an invitation to negotiate is issued. Deputy City Manager Marlon Brown came before the Commission and stated that a provision can be added to require the issuance of a building permit within the next three to five years to ensure the property is developed if Commission sells the property. No one else signed up to speak and Mayor Atwell closed the public hearing. City Auditor and Clerk Nadalini read proposed Resolution No. 11R-2236 by title only. A motion was made by Commissioner Snyder, seconded by Commissioner Caragiulo, and carried by a 4-1 vote with Commissioner Shaw voting no to adopt proposed Resolution No. 11R ) PUBLIC HEARING RE: PROPOSED ORDINANCE NO , TO VACATE THAT CERTAIN PORTION OF THE 60-FOOT WIDE SOUTH PALM AVENUE RIGHT OF WAY GENERALLY DESCRIBED AS BOUNDED ON THE NORTH BY THE SOUTH RIGHT OF WAY LINE OF MOUND STREET (S.R. 45, U.S. 41) AND EXTENDING UP TO APPROXIMATELY 873 FEET SOUTHWARD AND BOUNDED ON THE SOUTH BY THE WATERS OF HUDSON BAYOU, ALL AS IS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR SEVERABILITY OF THE PARTS HEREOF, ETC. (TITLE ONLY) (APPLICATION NO. 11-SV-02, APPLICANT CHARLES D. BAILEY JR., ESQ. Draft 1 Page 8

9 Draft 1 Page 9 AS AGENT REPRESENTING THE MARIE SELBY BOTANICAL GARDENS, INC. AS THE FEE SIMPLE OWNER) (AGENDA ITEM XII-A-2) Mayor Atwell opened the public hearing. Thomas Buchter, Chief Executive Officer, Marie Selby Botanical Gardens, Inc., (Selby Gardens), Ryan Sollars, Landscape Design Associate, Hazeltine Nurseries, Inc., and Charles Bailey, agent representing the Marie Selby Botanical Gardens, Inc., as the fee simple owner, came before the Commission. Mr. Bailey gave a presentation concerning proposed Ordinance No , to vacate that certain portion of the 60-foot wide South Palm Avenue right-of-way as bounded on the north by the south right-of-way line of Mound Street (S.R. 45, U.S. 41) and extending up to approximately 873 feet southward and bounded on the south by the waters of Hudson Bayou; and gave an overview of the elements of the Children s Rainforest Garden to be located at Selby Gardens. Mr. Sollars gave a presentation concerning the proposed location of the Children s Rainforest Garden which will be screened by existing mangroves and sea grapes in the area as well as have only one point of ingress and egress to ensure the safety of the children. Mr. Bailey stated that the Planning Board/Local Planning Agency (PBLP) approved the site plan and minor conditional use at the June 8, 2011, PBLP meeting and recommend the Commission approve the proposed street vacation; and gave a presentation concerning the proposed site plan for the Children s Rainforest Garden. Mr. Buchter stated that children s gardens which are still functional have always been a part of the Selby Gardens; that a place for children and family groups to visit is necessary; and gave an overview of the proposed uses of the Children s Rainforest Garden. Mr. Bailey gave an overview concerning the Staff analysis conducted in consideration of Street Vacation Application No. 11-SV-02 and stated that Selby Gardens will maintain the vacated street; that easements have been granted to Verizon and Comcast for its utilities; that the easement for Florida Power and Light (FPL) is being held in escrow by the City Attorney for recording upon second reading of proposed Ordinance No ; that the Applicant has proffered an easement for a meandering sidewalk along the eastside of the street; that the Applicant is proffering to maintain the street in its current configuration as a concern was raised at the June 8, 2011, PBLP meeting; that the proposed language was modified and improved by Deputy City Attorney Michael Connolly to indicate The existing red-brick street pavement within the vacated right-of-way will be maintained by the Applicant and its successors in its present configuration. Senior Planner Courtney Mendez, Neighborhood and Development Services Department, came before the Commission and gave the Staff presentation and stated that the Commission should add the proffer in the motion if the Commission passes proposed Ordinance No on first reading. No one signed up to speak and Mayor Atwell closed the public hearing. City Auditor and Clerk Nadalini read proposed Ordinance No by title only. A motion was made by Commissioner Snyder, seconded by Commissioner Caragiulo, and carried by a 5-0 vote to pass proposed Ordinance No on first reading including the Applicant s proffer for the red-brick street pavement within the vacated right-of-way will be maintained by the Applicant and its successors in its present configurations.

10 12. OTHER MATTERS COMMISSIONER CARAGIULO: 1. asked whether Staff has considered the Urban Arts Academy as a program for the Robert L. Taylor Community Complex. Deputy City Manager Marlon Brown came before the Commission and stated that Staff is already considering the Urban Arts Academy as one of the several programs which will be offered at the Robert L. Taylor Community Complex. COMMISSIONER SHAW: 1. stated that the proposed Children s Rainforest Garden at the Marie Selby Botanical Gardens is one of the many contributions Crystal Payne and the Selby Foundation have given to the community. 13. ADJOURN (AGENDA ITEM XV) Mayor Atwell adjourned the meeting at 8:49 p.m. ATTEST: SUZANNE ATWELL, MAYOR PAMELA NADALINI, CITY AUDITOR AND CLERK Draft 1 Page 10