Regular City Commission Meeting

MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF AUGUST 15, 2005, AT 2:30 P.M.

PRESENT: Mayor Mary Anne Servian, presiding, Vice Mayor Fredd “Glossie” Atkins, Commissioners Danny Bilyeu, Lou Ann R. Palmer, and Ken Shelin, City Attorney Robert M. Fournier, City Auditor and Clerk Billy E. Robinson, and Deputy City Manager V. Peter Schneider

ABSENT: City Manager Michael A. McNees, on vacation

The meeting was called to order by Mayor Servian at 2:30 p.m.

INVOCATION: Al Jacobson, 1961 to 1965 US Marine Corps, 1975 to 1991 Maryland Air National Guard, and Junior Vice Commandant in the Marine Corps League DeSoto Detachment #588 PLEDGE OF ALLEGIANCE: Al Jacobson

Mayor Servian stated that apologies are offered the other Commissioners for her exuberance during the August 12, 2005, Special Commission meeting.

1. CHANGES TO THE ORDERS OF THE DAY

City Auditor and Clerk Robinson presented the following Changes to the Order of the Day:

A. Remove Item No. VI-2, Unfinished Business, Approval Re: Proposed Parking Agreement between the City of Sarasota, the Sarasota Opera Association, Inc. and Ersa Grae Corporation, per the request of City Attorney Fournier. B. Add Commission Presentations, Item No. XII-4, Presentation Re: Patriotic Employer Award to the City of Sarasota Engineering Department, per the request of Director of Engineering/City Engineer Dennis Daughters.

MOTION: Approve the Changes to the Order of the Day OUTCOME: passed VOTE: Ayes 5 / Nays 0 / Absent 0 / Abstain 0 AYES: Palmer, Atkins, Servian, Bilyeu, Shelin NAYS: None ABSENT/ABSTAIN: None

2. CITIZENS’ INPUT (AGENDA ITEM I)

In response to a comment by City Auditor and Clerk Robinson indicating three people had signed up to speak concerning the Plaza Verdi project, Mayor Servian noted Commission consensus to hear the three people during the Community Redevelopment Agency meeting of August 15, 2005.

The following people spoke: Charles Senf concerning records of City-owned properties John Harshman, representing Raj Pathak, owner of the Galaxy Motel, concerning the future of 17th Street (FTR 2:42)

3. APPROVAL OF MINUTES (AGENDA ITEM II)

Mayor Servian noted consensus to approve the revised minutes of the Special Sarasota City Commission meeting of June 15, 2005, and the Regular City Commission meeting of June 20, 2005, and the minutes of the Regular Sarasota City Commission meeting of August 1, 2005, and the Special Sarasota City Commission meeting of August 4, 2005. (FTR 2:43)

4. BOARD ACTIONS (AGENDA ITEM III)

1) REPORT RE: HISTORIC PRESERVATION BOARD’S REGULAR MEETING OF JULY 12, 2005 Historic Preservation Board Chair Carl Meyer presented the following item from the July 12, 2005, meeting of the Historic Preservation Board: - Upgrading the Galilee Cemetery

Senior Planner Harvey Hoglund stated that the Historic Preservation Board voted at its July 12, 2005, meeting to recommend the Commission approve the Historic Preservation Board’s request to reallocate $2,000 of the $3,000 to $5,000 from the Historic Preservation Demolition Fund already approved by the Commission to prepare nominations for local and National Register historic designation for the Galilee Cemetery to pay for fabrication of a fence along the US 301 frontage of the Galilee Cemetery.

MOTION: Approve the Historic Preservation Board’s request to reallocate no more than $2,000 from the Historic Preservation Demolition Fund to pay for fabrication of a fence along the US 301 frontage of the Galilee Cemetery OUTCOME: passed VOTE: Ayes 5 / Nays 0 / Absent 0 / Abstain 0 AYES: Shelin, Palmer, Servian, Atkins, Bilyeu NAYS: None ABSENT/ABSTAIN: None

MOTION: Receive the report of the July 12, 2005, meeting of the Historic Preservation Board OUTCOME: passed VOTE: Ayes 5 / Nays 0 / Absent 0 / Abstain 0 AYES: Palmer, Shelin, Servian, Atkins, Bilyeu NAYS: None ABSENT/ABSTAIN: None

5. CONSENT AGENDA NO. 1 (AGENDA ITEM IV-A)

Commissioner Palmer removed the following item from Consent Agenda No. 1 for discussion: Item IV-A-6, Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Matching Project Grant Agreement between the City of Sarasota and the Florida Department of Environmental Protection in the amount of $200,000 for Payne Park for construction of the promenade, picnic facilities, landscaping, restroom and other related support facilities on or before April 30, 2008. City Auditor and Clerk Robinson stated that the item will be heard under New Business as Item No. VII-1 in the afternoon session.

Commissioner Bilyeu removed the following item from Consent Agenda No. 1 for discussion: Item IV-A-4, Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Purchase and Sale Agreement of City Owned Property on 12th Street with Florida Power & Light City Auditor and Clerk Robinson stated that the item will be heard under New Business as Item No. VII-2 in the afternoon session.

MOTION: Approve Item Nos. 1, 2, 3, 5, and 7 on Consent Agenda No. 1 OUTCOME: passed VOTE: Ayes 5 / Nays 0 / Absent 0 / Abstain 0 AYES: Bilyeu, Atkins, Servian, Palmer, Shelin NAYS: None ABSENT/ABSTAIN: None

6. CONSENT AGENDA NO. 2 (AGENDA ITEM IV-B)

City Auditor and Clerk Robinson read the title of proposed Ordinance No. 05-4690.

MOTION: Adopt Item No. 1 on Consent Agenda No. 2 (Proposed Ordinance No. 05-4640) OUTCOME: passed VOTE: Ayes 5 / Nays 0 / Absent 0 / Abstain 0 AYES: Shelin, Atkins, Servian, Palmer, Bilyeu NAYS: None ABSENT/ABSTAIN: None

7. BOARD APPOINTMENTS (AGENDA ITEM V-1)

1) APPOINTMENT RE: BOARD OF RULES AND APPEALS

MOTION: Reappoint Stephen Wilbur, Sam Holladay, and Brian Duffy to the Board of Rules and Appeals OUTCOME: passed VOTE: Ayes 5 / Nays 0 / Absent 0 / Abstain 0 AYES: Palmer, Bilyeu, Servian, Atkins, Shelin NAYS: None ABSENT/ABSTAIN: None

MOTION: Appoint Tom Wessel for the seat designated for a licensed general contractor and Ralph Hardesty as the licensed electrical contractor to the Board of Rules and Appeals OUTCOME: passed VOTE: Ayes 5 / Nays 0 / Absent 0 / Abstain 0 AYES: Shelin, Atkins, Servian, Palmer, Bilyeu NAYS: None ABSENT/ABSTAIN: None

8. UNFINISHED BUSINESS (AGENDA ITEM VI)

1) REPORT RE: NORTH SARASOTA SEARCH WARRANT EXECUTION AND FIREARM DISCHARGE INCIDENT (AGENDA ITEM VI-1) Sarasota Police Department Police Chief Peter Abbott gave a presentation concerning the July 8, 2005, north Sarasota search warrant execution and firearm discharge incident which resulted in a fatality.

2) APPROVAL RE: CITY HALL VOLUNTEER PROGRAM Following a presentation by Assistant to the City Manager Debra Figuero concerning the City Hall Volunteer Program and in response to comments by Commissioner Shelin, Ms. Figuero stated that the first volunteer appointed will be for giving directions at City Hall.

MOTION: Approve the proposed City Hall Volunteer Program OUTCOME: passed VOTE: Ayes 5 / Nays 0 / Absent 0 / Abstain 0 AYES: Palmer, Bilyeu, Servian, Atkins, Shelin NAYS: None ABSENT/ABSTAIN: None

9. NEW BUSINESS

1) APPROVAL RE: AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE THE MATCHING PROJECT GRANT AGREEMENT BETWEEN THE CITY OF SARASOTA AND THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION IN THE AMOUNT OF $200,000 FOR PAYNE PARK FOR CONSTRUCTION OF THE PROMENADE, PICNIC FACILITIES, LANDSCAPING, RESTROOM AND OTHER RELATED SUPPORT FACILITIES ON OR BEFORE APRIL 30, 2008 (AGENDA ITEM VII-1)

City Attorney Fournier stated that only two items need to be addressed prior to executing the agreement: 1) a legal description of the land which will be encumbered by the restriction the land will be subject to a public use in perpetuity must be prepared and 2) the paragraph which requires the City to maintain adequate public liability insurance to indicate the City is self-insured must be modified.

MOTION: Execute the Matching Project Grant Agreement between the City of Sarasota and the Florida Department of Environmental Protection for $200,000 regarding Payne Park subject to inclusion of the legal description and modification of the statement of the City’s liability overriding the necessity to have separate liability insurance based on the City Attorney’s recommendations OUTCOME: passed VOTE: Ayes 5 / Nays 0 / Absent 0 / Abstain 0 AYES: Palmer, Shelin, Servian, Atkins, Bilyeu NAYS: None ABSENT/ABSTAIN: None

2) APPROVAL RE: AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE THE PURCHASE AND SALE AGREEMENT OF CITY OWNED PROPERTY ON 12TH STREET WITH FLORIDA POWER & LIGHT (AGENDA ITEM VII-2)

Regular City Commission Meeting

AGENDA

REGULAR CITY COMMISSION MEETING

AUGUST 15, 2005

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:

A.

Remove Item No. VI-2, Unfinished Business, Approval Re: Proposed Parking Agreement between the City of Sarasota, the Sarasota Opera Association, Inc. and Ersa Grae Corporation, per the request of City Attorney Fournier.

B. Add Commission Presentations, Item No. XII-4, Presentation Re: Patriotic Employer Award to the City of Sarasota Engineering Department, per the request of Director of Engineering/City Engineer Dennis Daughters.

2.

CITIZENS’ INPUT (AGENDA ITEM I)

3.

APPROVAL OF MINUTES (AGENDA ITEM II):

Minutes of the Special Sarasota City Commission meeting of June 15, 2005, and the Regular City Commission meeting of June 20, 2005, and the minutes of the Regular Sarasota City Commission meeting of August 1, 2005, and the Special Sarasota City Commission meeting of August 4, 2005. (FTR 2:43)

4.

BOARD ACTIONS (AGENDA ITEM III):

1)

REPORT RE: HISTORIC PRESERVATION BOARD’S REGULAR MEETING OF JULY 12, 2005

5.

CONSENT AGENDA NO. 1 (AGENDA ITEM IV-A): Commissioner Palmer removed the following item from Consent Agenda No. 1 for discussion:

Item IV-A-6, Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Matching Project Grant Agreement between the City of Sarasota and the Florida Department of Environmental Protection in the amount of $200,000 for Payne Park for construction of the promenade, picnic facilities, landscaping, restroom and other related support facilities on or before April 30, 2008.

Commissioner Bilyeu removed the following item from Consent Agenda No. 1 for discussion: Item IV-A-4, Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Purchase and Sale Agreement of City Owned Property on 12th Street with Florida Power & Light

5(a). CONSENT AGENDA NO. 1:

1)

Authorize the Mayor and City Auditor and Clerk to execute the First Extension of Agreement for Sanitary Sewer Collection and Transmission System Continuing Engineering Services between the City of Sarasota and Dufresne-Henry, Inc. for the first allowable extension period of August 22, 2005 through August 21, 2006 2) Authorize the Mayor to execute the matching $20,000 Florida Department of State, Division of Historic Resources Grant Award Agreement and Addendum for Phase IV Survey of Historic Resources

3) Authorize the Mayor to send a letter requesting that the Florida Fish and Wildlife Commission designate an idle speed no wake zone at the Siesta Drive Bridge

5) Authorize the Mayor and City Auditor and Clerk to execute the Matching Project Grant Agreement between the City of Sarasota and the Department of Agriculture and Consumer Services in the amount of $14,800 which will aid in conducting the tree inventory for the City’s Comprehensive Urban and Community Forestry Management Plan

7) Approve Settlement Agreement in Patricia C. and Robert Briandi versus City of Sarasota, Florida case no. 2004-CA-002473 NC filed in the Circuit Court in and for Sarasota County, Florida (2:52)

6.

CONSENT AGENDA NO. 2 (AGENDA ITEM IV-B):

1)

Proposed Ordinance No. 05-4640, amending Chapter 34, Article V, Lodging Out-Of-Doors, Section 34-41 prohibiting the use of public or private places out-of-doors for lodging; providing definitions; providing standards for violation and enforcement; providing for the repeal of Section 34-40; providing for the severability of the parts hereof; etc. (FTR 2:52)