Regular City Commission Meeting

BOOK 57 Page 28428 08/16/04 2:30 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF AUGUST 16, 2004, AT 2:30 P.M.

PRESENT: Mayor Richard F. Martin, Vice Mayor Mary Anne Servian, Commissioners Fredd "Glossie" Atkins, Danny Bilyeu, and Lou Ann R. Palmer, City Manager Michael A. McNees, Deputy City Auditor and Clerk Karen D. McGowan, and City Attorney Richard J. Taylor

ABSENT: City Auditor and Clerk Billy E. Robinson

PRESIDING: Mayor Martin

The meeting was called to order in accordance with Article III, Section 9(a) of the City of Sarasota Charter at 2:31 p.m.

Deputy City Auditor and Clerk McGowan gave the Invocation followed by the Pledge of Allegiance.

1. CHANGES TO THE ORDERS OF THE DAY – APPROVED; REMOVED CONSENT AGENDA NO. 1, ITEM NOS. 1 AND 3, WHICH WILL BE CONSIDERED UNDER NEW BUSINESS AS AGENDA ITEM NOS. VII-1 AND -2

MOTION: Approve the Changes to the Orders of the Day. OUTCOME: Passed VOTE: unanimous (5 to 0) AYES: Atkins, Bilyeu, Palmer, Servian, Martin

Mayor Martin asked if any Commissioner wished to remove an item from Consent Agenda Nos. 1 or 2.

Commissioner Palmer requested that Consent Agenda No. 1, Item No. 1, concerning the Zoning Text Amendments for the 2nd Cycle in 2004, be removed for discussion.

Mayor Martin requested that Consent Agenda No. 1, Item No. 3, concerning Tree Committee Membership and a $4,500 transfer from the Tax Increment Financing (TIF) Fund to the Tree Committee, be removed for discussion.

Deputy City Auditor and Clerk McGowan stated that Consent Agenda No. 1, Item No. 1, will be considered under New Business as Agenda Item No. VII-1 which will be heard in the afternoon session; that Consent Agenda No. 1, Item No. 3, will be considered under New Business as Agenda Item No. VII-2 which will be heard in the afternoon session.

2. SPECIAL PRESENTATION RE: REPORT RE: HURRICANE CHARLEY - REPORT PROVIDED; ADOPTED ORDINANCE NO. 04-4557 REPEALING EMERGENCY ORDINANCE NO. 04-4556

MOTION: Adopt proposed Ordinance No. 04-4557, repealing Ordinance No. 04-4556. OUTCOME: Passed VOTE: unanimous (5 to 0) AYES: Atkins, Bilyeu, Martin, Palmer, Servian

3. CITIZENS’ INPUT CONCERNING CITY TOPICS (AGENDA ITEM I) There was no one signed up to speak.

4. APPROVAL RE: MINUTES OF THE REGULAR CITY COMMISSION MEETING OF AUGUST 2, 2004 - APPROVED (AGENDA ITEM II) Mayor Martin stated that hearing no changes, the minutes of the Regular City Commission meeting of August 2, 2004, are approved by unanimous consent.

5. BOARD ACTIONS: REPORT RE: CITIZENS WITH DISABILITY ADVISORY BOARD - RECEIVED REPORT; REQUESTED THE CITY AUDITOR AND CLERK TO PROVIDE A REPORT CONCERNING CLOSED-CAPTIONING (AGENDA ITEM III)

MOTION: Receive the report of the Citizens With Disabilities Advisory Board and direct the Administration to work with the County to initiate closed-captioning promptly, and request the City Auditor and Clerk return to the Commission with more information regarding closed-captioning. OUTCOME: Passed VOTE: unanimous (5 to 0) AYES: Atkins, Bilyeu, Palmer, Servian, Martin

6. CONSENT AGENDA NO. 1: ITEM NO 2 - APPROVED (AGENDA ITEM IV-A)

MOTION: Approve Consent Agenda No. 1, Item No. 2. OUTCOME: Passed VOTE: unanimous (5 to 0) AYES: Atkins, Bilyeu, Palmer, Servian, Martin

7. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 04R-1795) - ADOPTED; ITEM 2 (RESOLUTION NO. 04R-1796) - ADOPTED; ITEM 3 (RESOLUTION NO. 04R-1797) - ADOPTED; ITEM 4 (ORDINANCE NO. 04-4518) - ADOPTED; ITEM 5 (ORDINANCE NO. 04-4562) - ADOPTED (AGENDA ITEM IV-B)

MOTION: Adopt Consent Agenda No. 2, Item Nos. 1 through 5, inclusive. OUTCOME: Passed VOTE: unanimous (5 to 0) AYES: Bilyeu, Martin, Palmer, Servian, Atkins

8. APPOINTMENT RE: CIVIL SERVICE/GENERAL PERSONNEL BOARD – REAPPOINTED GILBERT LEACOCK AND DOROTHEA SMITH (AGENDA ITEM V-1)

MOTION: Reappoint Mr. Leacock and Ms. Smith to the Civil Service/General Personnel Board. OUTCOME: Passed VOTE: unanimous (5 to 0) AYES: Atkins, Bilyeu, Palmer, Servian, Martin

9. UNFINISHED BUSINESS: PRESENTATION RE: PLANNING AND PERMITTING REVIEW FINAL REPORT - ACCEPTED THE RECOMMENDATIONS IN THE PLANNING/PERMITTING REVIEW FINAL IMPLEMENTATION MATRIX WITH THE EXCEPTION OF ITEM C.4 WHICH REMOVED NEIGHBORHOOD PARTNERSHIP OFFICE REPRESENTATION FROM THE DEVELOPMENT REVIEW COMMITTEE (AGENDA ITEM VI-1)

MOTION: Accept the recommendations in the Planning/Permitting Review Final Implementation Matrix with the exception of Item C.4 which removed Neighborhood Partnership Office representation from the Development Review Committee. OUTCOME: Passed VOTE: unanimous (5 to 0) AYES: Atkins, Bilyeu, Palmer, Servian, Martin

10. NEW BUSINESS: APPROVAL RE: SELECTION OF ENGINEERING CONSULTANT FOR THE SUBMERGED LANDS LEASE PROJECT TO PERFORM THE ENGINEERING FOR THE PROJECT; ETC. - APPROVED AND APPROVAL RE: AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE THE CONSULTING ENGINEERING SERVICES AGREEMENT BETWEEN THE CITY OF SARASOTA AND COASTAL ENGINEERING CONSULTANTS, INC.; ETC. - APPROVED ADOPTION RE: PROPOSED RESOLUTION NO. 04R-1798, APPROPRIATING $112,026 FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND TO FUND THE CONSULTING AGREEMENT FOR OBTAINING A SUBMERGED LANDS LEASE, DESIGN A MOORING FIELD, CONSTRUCTION DESIGN, AND DREDGING EVALUATION; ETC. - ADOPTED (AGENDA ITEM XVII-4)

MOTION: 1) Approve selection of Coastal Engineering Consultants, Inc., to perform the engineering for the project and 2) approve the Agreement for Consulting Engineering Services with Coastal Engineering Consultants, Inc., and authorize the Mayor and City Auditor and Clerk to execute the agreement. OUTCOME: Passed VOTE: unanimous (5 to 0) AYES: Atkins, Bilyeu, Palmer, Servian, Martin

MOTION: Adopt Resolution No. 04R-1798. OUTCOME: Passed VOTE: unanimous (5 to 0) AYES: Servian, Atkins, Bilyeu, Martin, Palmer

11. NEW BUSINESS: APPROVAL RE: AUTHORIZE STAFF TO PROCEED WITH THE ZONING TEXT AMENDMENTS FOR THE SECOND CYCLE IN 2004 - APPROVED (AGENDA ITEM VI-1)

MOTION: Approve the recommendations of Staff to proceed with the Zoning Text Amendments for the Second Cycle in 2004. OUTCOME: Passed VOTE: unanimous (5 to 0) AYES: Atkins, Bilyeu, Palmer, Servian, Martin

12. APPROVAL RE: PROPOSED TREE COMMITTEE MEMBERSHIP AND REQUEST TO TRANSFER $4,500 FROM THE TIF FUNDS BUDGET FOR THE 1ST STREET STREETSCAPE PROJECT TO FUND CONSULTING COSTS TO PROVIDE TECHNICAL SUPPORT TO THE TREE COMMITTEE - APPROVED (AGENDA ITEM VII-2)

MOTION: Approve authorizing the transfer of $4,500 from the First Street Streetscape Project for the purpose of funding consulting services and approve membership proposal for the Tree Committee for the Downtown Environs. OUTCOME: Passed VOTE: unanimous (5 to 0) AYES: Atkins, Bilyeu, Palmer, Servian, Martin

13. ADDITIONAL CITIZENS’ INPUT CONCERNING CITY TOPICS (AGENDA ITEM VIII) There was no one signed up to speak.

14. PUBLIC HEARING RE: PROPOSED 2004 BUREAU OF JUSTICE LOCAL LAW ENFORCEMENT BLOCK GRANT ALLOCATION OF GRANT FUNDS TO: SARASOTA COURT WATCH - $5,000; AND X26 TASER UNITS - $48,716 - APPROVED; APPROVED TO SEND A LETTER OF REQUEST TO THE CHAIRMAN OF THE SARASOTA COUNTY BOARD OF COUNTY COMMISSIONERS AND MAYORS OR CHAIRS OF THE LOCAL MUNICIPALITIES REQUESTING FINANCIAL SUPPORT FOR THE SARASOTA COURT WATCH PROGRAM (AGENDA ITEM XIV-A-1)

MOTION: Approve allocation of Local Law Enforcement Block Grant funds to: 1) Sarasota Court Watch in the amount of $5,000, and 2) the purchase of X26 Taser Units for the Sarasota Police Department at a cost of $48,716. OUTCOME: Passed VOTE: 4 to 1 AYES: Bilyeu, Palmer, Servian, Martin NAYS: Atkins

MOTION: Send a letter to request additional funds for Court Watch to the Chair of the Sarasota Board of County Commissioners and to the nearby municipalities serviced by Sarasota Court Watch. OUTCOME: Passed VOTE: 4 to 1 AYES: Bilyeu, Palmer, Servian, Martin NAYS: Atkins

15. NEW BUSINESS RE: ADOPTION RE: PROPOSED RESOLUTION NO. 04R-1792, APPROPRIATING $100,000 FROM THE LAW ENFORCEMENT TRUST FUND (110-082) TO PROVIDE FUNDS FOR THE INITIAL PURCHASE OF TASER LESS LETHAL WEAPONS, ETC. – ADOPTED (AGENDA ITEM XVII-3)

MOTION: Adopt proposed Resolution No. 04R-1792, appropriating $100,000 from the Law Enforcement Trust Fund (110-082) for the purchase of additional taser units. OUTCOME: Passed VOTE: unanimous (5 to 0) AYES: Palmer, Servian, Atkins, Bilyeu, Martin

16. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 04-4564, AMENDING THE SARASOTA CITY CODE, CHAPTER 2, ARTICLE V, RELATING TO THE CITIZEN'S TAX OVERSIGHT COMMITTEE TO PROVIDE FOR TERMS OF OFFICE; PROVIDING FOR THE SEVERABILITY OF PARTS HEREOF; ETC. (TITLE ONLY) – PASSED ON FIRST READING (AGENDA ITEM XIV-A-2)

Regular City Commission Meeting

AGENDA

REGULAR CITY COMMISSION MEETING

AUGUST 16, 2004

CITY HALL

1565 First Street

Sarasota, FL 34236

City Commission Chambers

2:30 P.M. - 8:30 P.M.

CALL MEETING TO ORDER

INVOCATION

PLEDGE OF ALLEGIANCE

1.

CHANGES TO THE ORDERS OF THE DAY – APPROVED; REMOVED CONSENT AGENDA NO. 1, ITEM NOS. 1 AND 3, WHICH WILL BE CONSIDERED UNDER NEW BUSINESS AS AGENDA ITEM NOS. VII-1 AND -2

2.

SPECIAL PRESENTATION RE: REPORT RE: HURRICANE CHARLEY - REPORT PROVIDED; ADOPTED ORDINANCE NO. 04-4557 REPEALING EMERGENCY ORDINANCE NO. 04-4556

3.

CITIZENS’ INPUT CONCERNING CITY TOPICS (AGENDA ITEM I)

Note to the Public:

At this time, citizens may address the Commission on topics concerning the City. (3 minutes per person time limit)

Citizens' Input is to allow citizens the opportunity to present their view on matters concerning City topics but not on items scheduled elsewhere on the Agenda Questions and answers shall not be permitted; however, matters presented to the Commission may be referred by the Mayor, with consensus of the Commission, to the Administration for action and possible follow-up at a future Commission meeting.

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4.

APPROVAL RE: MINUTES OF THE REGULAR CITY COMMISSION MEETING OF AUGUST 2, 2004 - APPROVED (AGENDA ITEM II)

5.

BOARD ACTIONS: REPORT RE: CITIZENS WITH DISABILITY ADVISORY BOARD - RECEIVED REPORT; REQUESTED THE CITY AUDITOR AND CLERK TO PROVIDE A REPORT CONCERNING CLOSED-CAPTIONING (AGENDA ITEM III)

6.

CONSENT AGENDA NO. 1: ITEM NO 2 - APPROVED (AGENDA ITEM IV-A)

7.

CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 04R-1795) - ADOPTED; ITEM 2 (RESOLUTION NO. 04R-1796) - ADOPTED; ITEM 3 (RESOLUTION NO. 04R-1797) - ADOPTED; ITEM 4 (ORDINANCE NO. 04-4518) - ADOPTED; ITEM 5 (ORDINANCE NO. 04-4562) -ADOPTED (AGENDA ITEM IV-B)

8.

APPOINTMENT RE: CIVIL SERVICE/GENERAL PERSONNEL BOARD – REAPPOINTED GILBERT LEACOCK AND DOROTHEA SMITH (AGENDA ITEM V-1)

9.

UNFINISHED BUSINESS: PRESENTATION RE: PLANNING AND PERMITTING REVIEW FINAL REPORT - ACCEPTED THE RECOMMENDATIONS IN THE PLANNING/PERMITTING REVIEW FINAL IMPLEMENTATION MATRIX WITH THE EXCEPTION OF ITEM C.4 WHICH REMOVED NEIGHBORHOOD PARTNERSHIP OFFICE REPRESENTATION FROM THE DEVELOPMENT REVIEW COMMITTEE (AGENDA ITEM VI-1)

10.

NEW BUSINESS: APPROVAL RE: SELECTION OF ENGINEERING CONSULTANT FOR THE SUBMERGED LANDS LEASE PROJECT TO PERFORM THE ENGINEERING FOR THE PROJECT; ETC. - APPROVED

AND

APPROVAL RE: AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE THE CONSULTING ENGINEERING SERVICES AGREEMENT BETWEEN THE CITY OF SARASOTA AND COASTAL ENGINEERING CONSULTANTS, INC.; ETC. - APPROVED

ADOPTION RE: PROPOSED RESOLUTION NO. 04R-1798, APPROPRIATING $112,026 FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND TO FUND THE CONSULTING AGREEMENT FOR OBTAINING A SUBMERGED LANDS LEASE, DESIGN A MOORING FIELD, CONSTRUCTION DESIGN, AND DREDGING EVALUATION; ETC. - ADOPTED (AGENDA ITEM XVII-4)

11.