MINUTES OF THE REGULAR MEETING
OF THE LONGBOAT KEY TOWN COMMISSION
MAY 2, 2005 - 7:00 PM

Present:                Mayor Johnson, Vice Mayor Webster, Commissioners Rothenberg, Clair,
                            Spoll, Dawson, Whatmough

Also Present:        Town Manager St. Denis, Town Attorney Persson, Town Clerk Spencer

Absent:                 Deputy Clerk Eisenberg

Call to Order and Pledge of Allegiance
The Regular Meeting of the Longboat Key Town Commission was called to order at 7:00 PM in the Town Hall Commission Chamber, 501 Bay Isles Road, Longboat Key, Florida. Commissioner Clair led the Pledge of Allegiance to the Flag.

Proclamations and Special Presentations
1.     Proclamation - Civility Month - May 2005
Town Clerk Spencer read the proclamation designating the month of May 2005, as Civility Month.

2.     Proclamation - National Public Works Week - May 15-21, 2005
Town Clerk Spencer read the proclamation announcing the week of May 15-21, 2005, as National Public Works Week. The document was presented to Public Works Director Florensa and James Linkogle.

Dale Carnegie Graduation Honors
Manager St. Denis announced and congratulated James Linkogle who was nominated by his peers and received the Dale Carnegie Highest Achievement Award after completing the Dale Carnegie course.

3.     Proclamation - Blue Star Salute Day, An Armed Forces Celebration - May 21, 2005
Town Clerk Spencer read the proclamation to designate May 21, 2005 to pay tribute to the Armed Forces as the servants and protectors of our Nation and known as the Blue Star Salute Day. Dr. Leonard Sirotzki, Manatee County American Legion, accepted the proclamation on behalf of Manatee County Veterans. On May 21, 2005 there would be six points of celebration: Manatee County Beach, one at each end of the Green Bridge, GT Bray Park, Lakewood Ranch High School and DeSoto Speedway; a celebration would be held for armed forces families at McKechnie Field.

Memorial to Leona Sherwood
Mayor Johnson announced that Leona Sherwood, Longboat Key resident and artist, passed away after living to age 90, having taught more than 2,000 students, and holding more than 600 exhibits. A recognized artist, for "memoryscapes," four works of her art were donated to the Town of Longboat Key by her family and will proudly be hung at Town Hall.

Comcast Local Service Plans
Rod Dagenais, Regional Comcast representative, explained Comcast had some national outages as well as local ones as the company was continually working on updating their services. Interference of signals for high-speed Internet users was experienced during the filtering out of the signals; however, no cable services were experienced over the past several weeks. On May 1, 2005 a two and one-half hour outage occurred due to power failure. He advised Comcast would better communicate with users in the future. He requested an opportunity to return in 30 days to give/receive a report card on services at that time.

Al Green, former Commissioner and Comcast user, reported spam email from Comcast requesting Social Security numbers to verify service. Mr. Dagenais confirmed the email was not from Comcast.

Approval of Minutes
4.     April 4, 2005 Regular Meeting Minutes
The April 4, 2005 Regular Meeting minutes were approved as submitted.

Committee Reports and Communications
MPO Transportation Report
Commissioner Whatmough reported attending the MPO meeting, MCAT and SCAT were communicating to bridge the gap on Longboat Key concerning public transportation. The Water Taxi, a potential future service may run from the Quay to Selby and Mote or St. Armands Circle and other locations, was being considered; a cost update for the Water Taxi program would be forthcoming at the end of May by Manatee County. Grants for transportation would be sought to augment the County transportation systems.

Economic Board of Development Corporation (EDC) of Sarasota County
Commissioner Dawson invited all Commissioners to an open house in the new EDC offices on Friday, May 6, from 3:00 PM to 6:00 PM; reported on the EDC meetings primarily concerning affordable housing; the conference center in Sarasota was seeking a new financially viable location. Mayor Johnson commented the EDC was financially sound due to founder donations.

Dedication of the Regina
Vice Mayor Webster attended the dedication of one of ten of the State's underwater archaeological preserves, the only one on the west coast of Florida, located off of Bradenton Beach, known by the sunken molasses ship's name Regina. Brochures were distributed.

5.     Citizens Tax Oversight Committee Annual Report
Finance Director Sullivan gave the annual report as Liaison to this committee. The audit showed that $2,161,293 was expended or committed to identified projects: beach nourishment, streets and drainage, potable water interconnect, canal dredging, parks improvements. The One-Cent Sales tax currently totals $5.2 million. The committee recommended a review by the Town Commission of allocations and recommended use of the funds to insure appropriate continued use of these funds. The committee recommended the remaining funds be allocated for street flooding issues identified in FY 2004.

It was suggested the Recreation Center and land acquisition be added to the approved project list.

There was consensus to forward a review of the project list to a future workshop.

The Sarasota County gas tax distribution is based on population, the Town's portion was equal to 1.57% of the total tax.

Manatee County Special Liaison Report - None.

Sarasota County Special Liaison Report - None.

Other Reports - None.

Public To Be Heard - None.

Ordinances - First Reading
6.     Ordinance 05-09, Budget Transfer in the Amount of $221,000 for In-Line Booster Ordinance 05-09 was placed on first reading.

It was moved by Whatmough, seconded by Webster, to pass Ordinance 05-09, Budget Transfer in the Amount of $221,000 for an In-Line Booster, on first reading. Motion carried unanimously on roll call vote: Whatmough, aye; Webster, aye; Rothenberg, aye; Spoll, aye; Dawson, aye; Clair, aye; Johnson, aye.

Ordinance 05-09 was forwarded to the 06-06 Regular Meeting for second reading and public hearing.

Resolutions
7.     Resolution 05-07, Establishing Policy for Town Commission E-Mail
Manager St. Denis announced Resolution 05-07 provided for an e-mail policy for Town Commissioners; e-mail received on matters that could be reasonably foreseeable as Town business shall be forwarded to and answered from their business account; e-mail concerning potential Town business among Town Commissioners shall be sent exclusively by using the Business Account, and a copy would automatically be provided to the Town Clerk for public record and retention; State Public Records Law or Sunshine Law requirements would not be waived; requests for copies of emails, governed by this Resolution, must be submitted to the Town Clerk.

It was moved by Spoll, seconded by Dawson, to pass Resolution 05-07, Establishing Policy for Town Commission E-Mail.

Commissioner Rothenberg opposed the formal adoption of an email policy stating Commissioners were responsible and would comply without one. Manager St. Denis explained that a formal policy would provide the Town with procedures that would protect the Town and Town Commissioners regarding Sunshine and Public Records Laws.

Motion carried 6-1 on roll call vote: Spoll, aye; Dawson, aye; Clair, aye; Whatmough, aye; Johnson, aye; Webster, aye; Rothenberg, nay.

8.     Resolution 05-09, Establishing a Policy for Commissioners to Hold Informal Forums on Town Property
Manager St. Denis discussed Resolution 05-09 allowing Town Commissioners to hold informal forums with constituents on Town property.

It was moved by Clair, seconded by Whatmough, to pass Resolution 05-09, Establishing a Policy for Town Commission to hold informal meetings on Town property.

Discussion to amend the Resolution to include a trigger for the starting period for Commissioners running for election and having an opponent from the time an opponent has filed and March 30th during the election year resulted in an amendment to Section 1 (A).

It was moved by Spoll, seconded by Webster, to strike between January 1st and insert when an election becomes contested until the conclusion of the election. Motion to amend Resolution 05-09 carried 5-2: Spoll, aye; Webster, aye; Rothenberg, aye; Dawson, nay; Clair, nay; Whatmough, aye; Johnson aye.

Al Green suggested Commissioners hold public meetings instead of informal forums.

Motion on Resolution 05-09, as amended failed 4-3 on roll call vote: Clair, nay; Whatmough, aye; Johnson, nay; Webster, aye; Rothenberg, aye; Spoll, nay; Dawson, nay.

9.     Resolution 05-10, Supporting an Interlocal Agreement to Create Uniform Growth Management Standards for Manatee County as Reflected in "The Accord"
Mayor Johnson gave a brief history of the Resolution to resolve issues between the municipalities and Manatee County. Town Attorney Persson added that the County requested support to strengthen the Accord.

It was moved by Webster, seconded by Rothenberg, to pass Resolution 05-10, Supporting an Interlocal Agreement to Create Uniform Growth Management Standards for Manatee County as reflected in "The Accord."

Discussion confirmed the Town was supporting the strengthening of The Accord; the Town Mayor attended meetings among the municipalities and the County; the Resolution was a response to a County request for support.

Motion carried unanimously on roll call vote: Webster, aye; Rothenberg, aye; Spoll, aye; Dawson, aye; Clair, aye; Whatmough, aye; Johnson, aye.

New Business
10.     Appointments/Reappointments to Town Boards
Town Clerk Spencer polled Commissioners as follows:

Pat Arends was unanimously reappointed to the Planning & Zoning Board, Seat 4, for a three-year term expiring May 2008.

Allen Hixon was unanimously appointed to the Planning & Zoning Board, Seat 5, for a three-year term expiring May 2008.

Walter Hackett, Jr. was unanimously reappointed to the Planning & Zoning Board, Seat 6, for a three-year term expiring May 2008.

Phineas Alpers was unanimously reappointed to the Zoning Board of Adjustment, Seat 3, for a three-year term expiring May 2008.