Sarasota City Commission Regular Meeting - December 1, 2025
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Good morning.
I'd like to call this meeting of the uh December thirty first regular city commission meeting of the city of Sarasota to order.
Um first we will have the invocation by the city auditor and clerk.
Please stay in.
December first.
Heavenly Father, we affirm our faith in thee.
We seek your divine strength, wisdom, and guidance in deliberations of the I'm sorry, in guidance in the deliberations of the lives that affect each of the citizens of our community.
Sorry.
Thank you all very much.
Commissioners, would you mind taking a picture of maybe real quick?
Great.
Thank you.
We'd love to take a look at the question.
Congratulations.
Thank you all.
They're really good.
And then we if you turn around and face the audience, then we will stand behind.
See this way, the city of Sarasota is right behind us, and everybody's motion because we're going to call it.
Come on, Robert.
Go ahead.
Well, thank you again to Beyhaven students.
And the next thing on our agenda are changes to the order of the day.
Um Madam Mayor, just real quick, we just want to make the announcement that Commissioner Albert is via Zoom.
So just so the public is aware.
Thank you.
And and that will adjust a little bit of how we do things.
So changes to the order of the day.
The mayor have a couple of suggested changes to the order of the day.
Actually, I have two changes to suggest.
So I suggest that we define membership qualifications before we appoint members.
So I'm suggesting that we move item eight point two to immediately following item ten point two.
Yes.
Could I have a motion to either for or against that suggestion?
So move.
Let's vote.
Four?
Yes.
Four.
Second.
So move by Commissioner Batti, seconded by the Vice Mayor.
We'll do a roll call vote.
Roll call vote.
Yes.
Aaron Kotch?
Yes.
Alpert.
Yes.
That's E.
Yes.
Already?
Yes.
Yes.
Thank you.
My second suggestion has to do with the Bobby Jones Clubhouse.
Item nine point one is to provide direction regarding the clubhouse design options.
And item 11.1 is a quasi-judicial public hearing on the currently proposed clubhouse site plan.
I would suggest that they be adjacent to each other.
And I will turn to Mr.
Bullock to ask which is better for staffs or the presenters to move item nine point one down to immediately following eleven point one or the other way around.
Move eleven point one to immediately after nine point one.
So I think if you um move the discussion down and do it just prior to the quasi-judicial hearing.
That way if you decide to do something that disqualifies the need for the quasi-judicial hearing, you can just not hold that hearing.
Okay.
Thank you.
So the suggestion is to move item 9.1 to immediately following the last legislative public hearing so that it will be immediately before item 11.1.
May I have a motion to move forward.
I'll make that motion.
Is there a second?
Second.
Okay.
Moved by Commissioner Batti.
Uh seconded by the Vice Mayor.
Uh is there any discussion?
Uh roll call vote.
All right.
Aaron Kotch?
Yes.
Albert?
Yes.
That's he?
Yes.
Yes.
Right.
Yes.
Well, thank you very much.
With those changes.
Is there agreement on the agenda?
Move approval of the agenda schedule?
Second.
Okay.
Move by Commissioner A.
Her and Kotch, seconded by Commissioner Batte to approve the agenda.
Do we need a voice?
Okay.
Voice vote.
Albert?
Yes.
That's he?
Yes.
Yes.
Yes.
Yes.
Thank you very much.
So we can move forward with our agenda.
The first item on the agenda, well, the next item on the agenda is uh commission presentation.
So if you will join me up front to recognize on presentation.
Who has the presentation?
Wait on you.
Thank you.
Do I need to turn the RCTB on?
Um have everybody come in?
Yeah, I was going to suggest this is recognizes a whole lot of individuals and organizations.
So whoever is here to get that recognition and uh receive someone is going to receive the proclamation, please join us on you.
We got a big group here.
Great.
Sorry.
Yeah, I I don't think you want to block me.
Maybe stand over a mess.
Okay, this is a proclamation of the City of Sarasota, whereas the City of Sarasota Public Art Program, in partnership with Fresh Fridays, presented a first of its kind projection mapping art installation on the Palm Avenue parking garage on November 7th, 2025, transforming the structure into a dynamic, light-based work of public art.
And whereas the installation was created by students in the Department of Motion Design at Ringling College of Art and Design under the guidance of faculty member Dante Rinaldi, showcasing the students' creativity, technical expertise and innovation.
And whereas the City of Sarasota gratefully acknowledges the essential support of Barco Inc.
for providing a high-powered 4K projector, light mural for technical expertise and the collaboration of Fresh Fridays, its organizer, next mark, the Sarasota Downtown Improvement District, and Bay Plaza, whose partnership helped make this event possible.
And whereas this project stands as a shining example of partnership between the city, educational institutions, private industry, and community organizations, advancing Sarasota's identity as a city that celebrates creativity, technology, and public art.
Now, therefore, the City Commission of the City of Sarasota, Florida, and on behalf of the citizens of our community, takes great pride in recognizing December 1, 2025 as public art in motion day, a day of special importance and worthy of the recognition of the residents of the City of Sarasota.
Thank you all for making it possible.
It was a beautiful event.
And Sierra, did you want to say a few words?
Yes, good morning.
I'm Sierra Coleman, the public art administrator.
Just want to briefly say, you know, thank you so much.
As you see, this is an incredible uh display of partnerships.
Many, many people came together for this one spectacular night.
I don't see where Professor Cheatham is down there.
I'll pass the mic down.
Um I just want to say how special it is, I think, to involve these students to give them something special, a special connection to the city of Sarasota.
These are some incredibly talented young artists, and you know, to give them that platform and and to have a special memorable experience here.
Maybe they'll want to stay or come back and continue sharing those talents.
So we're just very, very grateful for everybody who made this possible.
My name is Jonathan Parks, and I'm the chair of the public art committee.
And I just want to thank them for uh completing a vision.
Uh two worlds kind of aligning here.
I was actually the architect for the Palm Amateur Garage and talked about doing this many, many years ago when we first did the project to put into context.
Um I talked to one of the students, I said, Do you mind just telling me how old you are?
And she told me.
And I said, um and I went back and I said to Sierra, I said, I just talked to somebody who was four years old when we put these sales up and talked about projecting.
So it's good to be persistent.
So thank you very much, everyone.
But and to put that in context, the little children that were here, that's how old these people were when we came up with this.
A little older, yeah.
Yeah, Steve Kerber, planning director.
I know about a year ago uh we went over to um Ringling College for their uh special arts night, and uh that was the first time we saw uh uh the the students projection artwork, and uh as soon as we saw left, we said we have to do this.
I mean it was just that spectacular.
And so uh anyway, um wanted to thank Ed Dante and Kelly for all your work and the students who just did an incredible job, and uh we are going to do this again.
So uh and we already have some new ideas, so anyway.
Um as head of the Department of Motion Design, I just wanted to thank Sierra and Steven for their amazing work and collaboration.
Thank you very much.
Oh no, I just want to say thank you to all the incredible work from the students.
They're just incredible, and thank you so much.
Couldn't have done it without you.
And it was suggested that the proclamation go to you.
We will we will display it proudly on our phone.
Thank you so much.
Thank you now.
Stay up here with photographs.
Thank you.
Congratulations.
I'm looking forward to the next one.
Thank you.
So I guess so.
Congratulations.
Or does it want to pull those four chairs up and find them?
I can get every share.
Perfect.
There we go.
That's perfect.
That's perfect.
All right, everyone here.
Thank you.
Thank you.
Thank you all.
Thank you.
Thank you.
All right, well, get that skill and then let us be here for everyone here.
Oh, good, yeah.
Yeah, thanks, Jimmy.
Yeah.
Oh, yeah.
Okay, I guess we can continue with the next item on the agenda will be citizens' input concerning city city topics.
And I'm going to ask Ms.
Griggs to read the pledge of public conduct.
Thank you, Mayor.
We may disagree, but we will be respectful to one another.
We will direct all comments to issues.
We will not engage in personal attacks.
Thank you.
We have two people who have signed up to speak.
So if you want to come forward, that's it.
And you will each have up to three minutes and give your name, whether or not you're a city resident, and if you're representing another organization besides yourself.
And Mr.
Hyde goes first.
Always.
All right.
Well, uh, I uh remain Martin Hyde.
I remain looking after my dear mother just outside of the uh the city.
Um last episode of the uh the Twilight Zone for 2025.
Good to see four of you at least recovered from your four-night fully expensed unsupervised trip to Salt Lake City of all places for five commissioners with the attendant sunshine risks at a cost of tens of thousands to taxpayers on the back of another junket a few weeks before the Delray Beach.
But I wanted to talk about review the truths.
We're looking at the same facts, but we seem to be coming up with remarkably different conclusions.
Most everything that I bring up to you is not right or left politically.
It's right or wrong empirically.
You consistently back your stuff, notwithstanding the likelihood of municipal employees in a small city being likely to know more than a successful CEO.
A better question is why do you trust them over me?
At the last meeting, you had to transfer over two million dollars from a loan between funds to permanent transfer based on misinformation given to you in May 2024 by your former city manager.
Specifically, he told you on record, and I've reviewed it, that community foundation money would be forthcoming to support a 7.5 million dollar property purchase.
Last week it was confirmed 18 months later, that was not going to be the case.
Furthermore, no disclosure was made about potential contamination to you of the site by a former dry cleaning business, and therefore no cat cleanup cost was calculated or even mooted.
These are the people you trust.
Why?
Because you don't like me.
Lots of people feel that way.
Or because you're more concerned with keeping staff happy, regardless of how it affects taxpayers.
Facts, as John Adams, our second president said, are stubborn things.
And so is your unwillingness to face them.
Today I'll address some further shocking examples of profligacy, which amount to, if I'm frank, dishonesty.
Ignoring them doesn't hurt me.
It hurts the poorest in our community who need your help, which you can't give because you've wasted millions despite clear evidence.
You've ignored facts over what I can assume is a only assume is a bizarre bizarre form of uh collegiality.
Because the alternative would be corruption.
So thank you.
Thank you.
Uh Eugene, uh please state your name and whether or not you're a city resident.
Hi, uh Eugene City Resident.
Uh I'd like to start this beautiful Monday off by uh saying I have infinite respect for police uh uh infinite respect admiration, and I'm grateful for them every day.
Um I'm here to talk about uh SPD official media accounts, so Facebook, Instagram, X, and so on.
Uh somebody that runs these accounts, uh these official accounts decided to disable uh commenting other posts.
This was without seeking guidance from the uh commission, uh was not for public input.
This is a brazen violation of free speech, uh, and there's plenty of case law to show it, which I also emailed uh some of you.
Uh constituents are allowed to gesture like like a post or uh angry face, but not speak about it.
Most public debate nowadays happens online.
Uh this shuts down meaningful public dialogue and silences the very people you serve.
Uh there are only a handful of agencies in the entire country that do it, and I really saddened that our American city does this as well.
I'm asking you today to direct the SPD and the media manager to restore written comments on all police department social media pages so we can restore accountability and a rise to free speech.
Whether I want to praise the police or criticize them, I should be able to do it online.
I don't need to take a day off to come here and beg for it.
Thank you.
Thank you very much.
Okay.
The next agenda item is approval of the minutes of the regular city, the Sarasota Commission meeting of November 3rd, 2025.
I'll move.
Well, first lesson, do we have any comments?
I submitted some non-substantive comments.
So it was moved by Commissioner Batti to accept them.
Is there a second?
Second.
And seconded by the Vice Mayor.
REL call vote.
Mets E.
Yes.
Or it's price.
Yes.
And Catch.
Yes.
Albert.
I thought I heard something.
Albert.
Yes.
Okay.
Yeah, you're a little low.
Okay, thank you.
Thank you very much.
So it was moved and passed unanimously.
Then we have the minutes of the statutory Sarasota City Commission meeting of November 7th.
May I have a motion?
Well, are there any changes, corrections?
I made one suggestion, but other than that, no.
May I have a motion to accept?
Move by Commissioner Batti.
Second.
Seconded by the Vice Mayor.
Call for a roll call vote.
Thank you.
Price?
Yes.
And patch.
Yes.
Albert.
Well, Betty.
Yes.
Thank you.
The motion passed unanimously.
The next item on the agenda is a presentation.
It's item 5.1 presentation regarding the citizens with disabilities advisory boards annual update.
And we have ADA coordinator Brown and Board Chair Krimble to make a presentation.
Thank you for coming.
Good morning, Commissioners.
My name is Jake Brown, and I'm the ADA coordinator.
Good morning.
I'm Rosemary Krimble.
I'm the chair of the ADA Council.
Okay.
There we go.
All right.
So first things first.
We'll talk about some of the board purpose and our accomplishments.
So the purpose of our board is to provide the community.
Oh, sorry.
A little closer to me.
Thank you, Jake.
The purpose of the board is to provide the community with a place to uh speak about accessibility issues that we could potentially remediate.
We can investigate and work to resolve those barriers in accessibility.
Whether or not they are physical or programmatic barriers, it's a place to discuss it.
We also fund the city's closed captioning program.
And this is done through live captioning for city commission meetings as well as an auto captioner for the advisory boards.
The Citizens with Disability Board is also fund uh funded the Eco Rover Beach wheelchair, which has had fantastic uh feedback from everyone who's used it.
Um we've had a ridership of 27 individuals, but over 30 actual rides, and that is 36 if you were curious.
Um and we have had also had 58 total requests for information or reservation of the Eco Rover.
It's actually probably a bit higher than that, but I stopped counting after they were just calling and asking if uh what hours it worked without booking.
Um but we get a lot of questions about it and a lot of public interest.
Um, our board attendance has been phenomenal.
I'd like to thank everyone on my board for making time in their days to show up in 2024.
We had 100% board attendance.
And so far in 2025, um, there were only five absences, and each of them were excused and they were distributed pretty evenly among uh members.
So we can't do it without them.
Okay.
And uh for our board work plan, um, our current board members have report community barriers and access concerns identified throughout the city, uh, which we discussed during meetings, and then I will look into them.
I'll reach out to businesses and do what we need to do to see about getting those addressed and moving forward.
Uh I also provide regular updates to the board regarding our transition plan status each quarter, and I address board concerns or thoughts on the plan at that time or in any of our other meetings that they're brought up.
Um the board will continue to monitor eco rover usage and cost.
Uh and I would like to give a shout out to the vendor for the Eco Rover.
Um when we first got it on board, um the salt and the sand corroded it much faster than expected.
But the vendor replaced um the wheels, bearings, and axles with stainless steel at no cost to the city.
Um so he's a really great guy, um, and he makes sure that we are taken care of, and I really appreciate that because he's helped keep our maintenance load very reasonable.
Um the board has also placed specific interest on the city's web compliance initiative.
In accordance with the Department of Justice, the city has until April of 2026 to bring our website and documents up to compliance with web content accessibility guidelines 2.1 level A and AA.
Um these are the standard for accessibility and they're updated regularly.
Um but the Department of Justice, rather than having us use the newest one, 2.2, they left it at 2.1 since it's more reasonable to accomplish in the time frame provided.
And then finally, we'll do a quick comment on our board fund.
Um in terms of revenue, the Citizens with Disabilities Board receives two-thirds of every ADA parking violation, something our Eco Rover and uh writers enjoy.
Um and this fund balance is used to support the Eco Rover program and the city's captioning initiatives.
Um the board is interested in more projects similar in nature to the Eco Rover that could assist the city in becoming more accessible.
Um and one way we're doing this too is we've asked the board to fund six thousand dollars in uh ADA document software remediation um purchasing.
And um we also review the fund balance in each of our meetings with um full you know spreadsheets where everyone can kind of dig into the numbers and we can really go through.
That's another mic you'd like to say anything.
The only thing I would like to say is that the board does keep close tabs on the money.
Um we've actually brought the police in to speak to us when we saw a dip in our revenues.
Um and uh it turned out that some of the money was being diverted to a different account, but we found it and brought it back.
So we we still do have the money.
We'd like to use it for more projects to make the city more accessible.
We have been following the accessibility reports every quarter.
Some departments have done phenomenal work to become accessible, some are a little slower.
Umly that's because they're much bigger and they have bigger challenges to become ADA qualified.
Um but other than that, I just want you to know that uh we have a phenomenal board.
Um two of our members are wheelchair bound, and they are very good at reporting their accessibility issues.
Um that's all I wanted to add.
Thank you.
Thank you very much.
Uh Commissioners, do you have questions?
Yes, I see Commission the Vice Mayor is first on the list.
Oh, thank you.
Thank you very much for your presentation.
This is the first board I sat on for the city, so welcome.
Um I have a question about the $6,000 you requested for software purchase.
Is that to assist in the compliance issue that you mentioned previous to the that slide?
Yes.
Um when we first started the project in we were under the impression that Adobe Acrobat would be all we really needed.
Most of my trainings kind of signified that.
But as we've gone further in, I've worked with departments like utilities and parks and rec who have site plans and very large things, and that's where Adobe really should go.
Um I've had issues with it crashing and uh people in other departments are struggling with it because it just takes so much time.
Um but we did find some software after working with a few vendors, and this one he showed um he remediated an entire document that took me 45 minutes and 10 minutes.
So it's uh a software that has a very reasonable cost that I believe will really help move us forward on that goal.
Thank you.
Okay.
Um Commissioner Albert, do you have any questions?
I do not.
Okay.
I do.
Okay.
My button just went off and on the way.
Yeah.
So Commissioner Aherncotch is questions.
Thank you.
Thank you very much for your presentation.
Thank you also for volunteering your time and to the entire board as well.
Um I was uh at attended one of the meetings where you presented the transition plan.
And I was wondering if at a future commission meeting you might be able to present that to the city commission.
Not only the transition plan, but as you did before, where we are, where we hope to be, what it takes to get there.
Some aspirations are pretty pretty high, but some are very realistic, and some of them are actually you know pretty important to make immediately.
And I was hoping you're okay with that, and I could request that.
I'd be open to that.
Yeah, absolutely.
Yeah, it's an invaluable information.
Also I noticed in your report that you had talked about um coordination with other city commission boards so I believe it was the Parks Board um it was human relations and also DRC.
And I was wondering if the board had ever talked about an actual plan to attend, present, interact with have a joint meeting or something if those three the DRC is very different but the other two advisory boards may be a bit a little bit easier of a lift what the discussion was around more interaction with those boards to be more efficient.
So that part of the board report was about um if other boards do portions of it.
So we haven't had any discussion about actually meeting it with them but I do know that um board member Peccarella he has um thought about going to parks and rec boards a few times but I don't I'm not sure if he has.
Okay.
Just an idea for discussion that you all may want to consider I mean we don't want two advisory boards talking parallel and nobody actually connecting on ideas.
So maybe there's room there for I don't know.
I I think that's an excellent idea because we often call departments in to speak to us and it would make more sense if we could bring another advisory board in at the same time when we have them in.
I don't know how that will work but I'll let you all talk about it figure it out.
And in addition to that board as well we have an ad hoc advisory board for our downtown master plan.
I think this board would be incredibly valuable in those discussions.
We've already seated the advisory board but um maybe you know an idea is that your board appoint a member or you rotate to attend to those ad hoc meetings and maybe report back to you all and at some point potentially take some formal position on some of the things but at least monitor their discussions and and be able to add input to it I think would be um invaluable.
I I welcome that yeah I I agree we we had the Bay do a presentation and they learned more from us than we learned from them and it was very useful and they did make some changes to make it more accessible over at the bay.
Yeah it's it's it's a really important part of the you know the growth as we go along is that we consider everybody in in in our growth and we have to have all points of view not that we can accommodate everybody but at least we we we take everybody's point of view and and input into consideration.
And then my last one was that at a recent seminar I attended at a conference um I did a a session on um accessibility and one of the suggestions that was I think an easy ADA aid was having a chat bot on your website and I didn't know if that was part of your 2.1 uh web update pieces but it immediately gave people the opportunity to uh voice uh a search or a question or something and I didn't know if that was something that was in your world.
Um no we haven't that's not in the 2.1 but that could be something we explore at a later point once we get everything kind of buttoned up and in compliance with the standards now then I would be very happy to work with IT or whoever we need to to see if there's anything we can do a little bit beyond that.
Yeah they said that that was sort of a a low-hanging fruit easy thing to accomplish and just get that done and it helps a lot.
Did they mention whether it was audio or only visual I can look back at my notes.
Okay.
Okay.
Just wondering because that that is one of the problems with interacting with a computer for the disabled is if they're blind the the computer is somewhat useless without audio.
My impression it was audio.
Good okay thank you.
Those are my questions thank you and thank you for everything you do for um our community thank you commissioner Batti did you have any questions?
No just again to echo the sentiments of the commissioner and thank you for the work that you're doing.
Thank you.
Presented and I did have a couple of quick ones one is the um website project do you expect to meet the deadline I just checked our site improve recently which is our web crawler that looks at our website and goes through each of the categories in 2.1 and all of our websites were over 80% of several were over 90%.
So we're making very good progress and then I will be engaging in manual testing where I'm using a screen reader and then it will actually check if I can navigate the website using a screen reader if I can navigate using only the keyboard and all the other things that the crawlers cannot check for.
So I feel like we're on a very good trajectory and I'll keep trying to communicate with IT and making sure that they're aware of issues as I come up.
Do you have other projects that you would really like to see happen, but you do not have the funding for I'm I'm not going to take the time now, but I would like you to bring those up to uh say the interim city manager because just because you don't just because people are not parking illegally doesn't mean that a important project should be passed over.
So thank you very much.
Uh so with I don't see any other questions, so thank you for coming in and thank you for the work you're doing and the update.
Thank you very much.
Have a wonderful day, Commissioners.
Thank you.
Okay.
So at this time we will recess from the city regular city commission meeting and uh go into a special session of the new town community redevelopment agency.
Uh okay, and the first thing on that agenda is the approval of the minutes of the uh CRA meeting of October 6, 2025.
Are there any additions or corrections?
So moved.
Madam Mayor, well the I was gonna say, Madam Mayor, I I would move approval of the um special uh community redevelopment agency meeting minutes of October 6, 2025.
Okay, so since Commissioner Bats was first, would you like to make your absolutely second?
Um so moved approval by Commissioner Batis, seconded by Commissioner Ahern Koch.
Uh roll call vote.
Albert.
Yes.
Betsy.
Yes.
Or Aaron Kutch.
Yes.
Okay.
Thank you.
That motion passed unanimously.
Uh now the next item is the appointment of uh members of the Newtown Community Redevelopment Agency, the CRA advisory board.
Um so I'm gonna call on uh Ms.
Griggs and development manager economic development manager Appleby to make the presentation.
Thank you.
I'm just gonna give the basics and if you guys have any additional questions, we have um Mr.
Appleby here to answer.
Um the terms of Mr.
Carlos Jancey, seat for designated representative economic development corps.
Um and Alex Chow, seat designated for individuals involved in urban design, planning or commercial real estate.
Expire December 2025.
Mr.
Yancey is eligible for reappointment and has expressed interest and has submitted his application for reappointment.
Is the Chow is no longer eligible for reappointment?
So you have applications for your consideration.
Okay.
Thank you.
Uh Mr.
Appleby, did you want to make a presentation or are you just gonna wait for questions?
Yes, I'm gonna go for questions.
Okay.
Uh Commissioner Ahern Koch.
Um I have no questions, and I can make a motion if the commission's ready.
Um I would move that we reappoint Mr.
Yancey and appoint uh Janine Johnson.
Second.
Okay.
Moved by Commissioner Ahern Koch, seconded by Commissioner Batte to reappoint uh Mr.
Yancey and to appoint Ms.
Johnson.
Um I would ask Commissioner Albert if she has any.
Oh, yeah, Commissioner Albert, do you have any um comments?
Comments?
Okay.
I did want to point out what we have been doing where there are seat requirements.
We've been slotting in the new appointees without acknowledging the seat requirement necessarily.
So I would like to state for the record that we would be waiving the seat requirements and appoint Ms.
Johnson to the seat vacated by Jesse Hubbard.
That has a seat requirement of property owner in the CRA.
She is not a property owner, but she is a business owner.
And that's and that's fine.
I think and the reason why, you know, like I stated before is we have such a hard time getting volunteers.
I think in the previous year's commission has you know kind of waive that requirement just so we can have somebody be a part of this board.
So typically the main boards that we really need to pay attention to city requirements is the planning board, the board of adjustment, maybe they did, but any of the other boards is just a preference to be, but you know, it's it's up to the commission's discretion.
But we do have two empty seats.
So I wanted to specify that the seat she's going into is for property owner, not for an individual with specific professional expertise.
No, I mean uh thank you, Mayor.
If I may, I just wanted to say uh first to uh Mr.
Jesse Hubbard that I hope he gets well, you know, soon because it was a personal matter that he had to uh remove himself from the board.
Um and then also uh knowing both uh Mr.
Carlos Yancey personally and uh Ms.
Janine Johnson, you know, having grown up with the both of them, that they'll be both valuable assets to the CRA, um, particularly Mr.
Uh Yancey, being that he um works at uh Bay First Bank, you know, which is the first financial institution on the corridor in Newtown.
Um and I think he brings uh a great deal of uh expertise um and much needed knowledge to the CRA and Ms.
uh Ms.
Janine Johnson as well and uh her um care for the community, having grown up in the community, her being a business owner, and these are the types of people that that uh that we want to continue to take have interest and uh take the initiative to to be a part of particularly the CRA um is especially as we try and and grow new town and uh evolve it and get it on par with the rest of the rest of the neighborhoods and the communities of the city.
So um I commend the both of them for taking the interest and uh and taking the initiative to be a part of this board and uh your your service is uh much needed and and much appreciated.
Thank you, Mayor.
Uh thank you, Commissioner Batti.
Commissioner Alpert, do you have any comments?
Uh no, I don't, thank you.
Thank you, I guess.
It's time for a roll call vote then.
Thank you, Mayor Betty.
Yes.
Price, yes, yes, Albert.
Yes.
Uh it passed unanimously.
Thank you very much.
Uh and with that, we are ending the um new town CRA um board meeting, and we will resume the city uh regular city commission meeting.
Um looking at the clock.
So we have reached consent agenda number one on the agenda.
Are there any items to be removed?
There are um items to be pulled, but I just want to make a brief statement.
Um I do have a public comment on multiple items, so I just wanted to ask the commission, do you all want to, I believe you would like to speak one time on multiple items?
Is that correct, Mr.
Hyde?
Yeah, let me take it through.
Okay.
So he has multiple items.
So if you want to go ahead and let him speak before you guys make a decision um on pulling whatever you want to pull, but he's got items on here that aren't being pulled, so that's why I state that.
So I just wanted to Ms.
Commissioner Henrikai.
I just uh so that we have clarity when you're speaking to an item, which one you're speaking to, which consent item.
Okay.
Okay.
Um do you want me to go ahead and announce the items to be pulled?
Or you want to go ahead and have him speak?
Speak and speak.
Okay, well call Mr.
Hyde first, and then we will talk about which items we will pull.
Maybe you will influence whether or not we vote something.
Thanks.
My best gonna happen.
With me a sec.
Uh I have another point of clarification of proportion.
Is this consent one and two or just one?
Just one.
Just one.
So for the purpose of clarity, it's a consent agenda with four items on it.
There are three.
Um the just tiny, small, about relevant uh issues.
The first one is the first one, and that concerns a five hundred and forty-five thousand dollar roof for the uh tennis and medical center.
And my only question, it's an open one.
I know you weren't particularly answer me, but you might want to ask yourselves because we've talked about this before.
Do we have no roofing contractors in Sarasota, the city or the county?
Um these taxes are raised here.
Surely they should be spent here.
The second item on your consent agenda, it's not the second one, but there's the second one which I got a comment on is a ninety-three thousand dollar change order for a concrete ramp to fulfill ADA requirements being awarded again to a firm from Georgia, the same firm who were building the $900,000 fountain outside the city manager's office, uh, for which no other bids were received.
Your own report from September 2021, which is 300 pages long.
That's how they get you.
300 pages long.
Suggested work at a fraction of these costs, but no other bid has been solicited.
Finally, call me a cynic.
The water meter replacement item.
The apparently winning bid is just one thousand dollar less, or under one tenth of one percent less than the other bids on one point six seven million dollars.
That seems frankly terribly coincidental, given the the winning bid, yet again is a current out of town supplier.
Yogi Berra famously said, it's too coincidental to be a coincidence.
This one has the whiff of implausibility to it at point one of a percent.
Which would be avoided if you had an objective finance and purchase board reviewing these things.
Thank you.
Thank you, Mr.
Hyde.
Um so Ms.
Griggs, do we have items to be pulled from consent one?
Yes, Mayor.
Item 6.2 is being pulled by Vice Mayor Ulrich, and item 6.3 is being pulled by Vice Mayor Ulrich, and that is all that I'm aware of at this time.
I'm not aware of um Commissioner Alpert.
Did you have anything did you want it to pull?
No, I didn't thank you.
So I'm sorry, um, Commissioner Betty just um stated that he would like to pull six six point one.
Okay, six point one.
So that really all is a voice.
So uh shall we have a motion and a vote on the remaining item 6.4 uh move to approve item six point four and consent one balance.
Yes.
And did I hear that okay?
Moved by the vice mayor, seconded by Commissioner Batti uh to approve the remaining item and consent one, which is six point four.
Um may I have a roll call vote, please.
Thank you.
All right, yes.
Price?
Yes.
Aaron Cotch?
Yes.
Albert?
Yes.
Betty.
Yes.
Uh passed unanimously, thank you.
Um so Commissioner Batti, you pulled item 6.1.
Yes.
Um thank you, Mayor.
No, I mean that uh I just wanted to get some clarification to be honest.
Um who we have to speak to regarding this on the price of 500 and a half, you know, um $540,000 or whatever.
What is the square footage of this?
Because I'm not certain what it is.
I have a number of friends that own roofing companies and so on.
And I'm just trying to get understanding like what the what the square footage of this building is that it should cost this this amount of money.
And why?
Because that's the substantial amount.
Uh how you doing how you're doing that.
Uh regarding the roof.
And out your cell phone.
I'm sorry.
Eric Patrick Development Services facility measure.
I'm sorry.
Uh oh, I'm sorry, sir.
And I just wanted like the square footage of this of this roof and like you know why it's such uh an exorbitant amount.
Um it was to help bring it up to the latest codes, too, but it's practically around eight eight thousand square feet.
And standing sea metal roof.
And they got to put some extra plates down too, which will reinforce it and make it a much stronger roof.
And uh with that project ever is all done, it's a new gutter system.
And we're also going to uh paint the building when we're all finished, and there's an awning to replace.
So there's a couple of miscellaneous items.
And that was it went out the bid, and uh we had two different bidders, uh Crowther, which is local, just missed it.
Uh they weren't off by much, but the lowest bid was the company that won the bid.
Okay.
Oh, so even Crowder like came in like somewhere in this in the middle of the city.
Yeah, real close.
It wasn't that far off.
I don't I could dig through the numbers and get them to you.
Eric, let me help you out there.
The winning bid was 554,000 in change, and the next bid was 571,000 in change.
Yeah.
Okay.
Okay.
Reasonably close for the and that's primarily what I was looking for, like, you know, um gaining some type of understanding as to why, you know, it it will cost so much for you know for a roof for a building.
And and they're also a standing seam, you know, metal roof is durable and all, and and the last one's been on there a lot of years, so I mean most people say they last usually up to 50 years.
And we're gonna be reinforcing some of the uh yeah, roof to make it much stronger, stuff like that.
So thank you, sir.
Thank you.
Thank you.
And uh the vice mayor has a question.
I do.
Um I think this is for the city manager.
Um there's a committee that's currently meeting that expressed preference for a local vendor and is redoing some part of their work to give that preference.
Is that something we could do in matters like this?
I have to look at the procurement code, but your local preference applies in different places, and I don't know specifically if it applied here or not.
Um Eric, maybe you know.
Um it's sometimes the procurement changes, you know, as far as preferences and this and that, but that's all through our procurement department.
So basically your local preference applies when you have like an RFP where there's a scoring.
This was a bid, and a bid is lowest bidder wins.
Right.
And and uh I don't believe there's any points assigned, it's lowest bidder.
I got it.
And long as they meet all the requirements too, so uh and which they have.
Thank you.
Okay.
Um Commissioner Alpert, do you have any questions on this item?
I do not, but okay.
Uh seeing no more questions, um, can I have uh motion concerning this item?
Move approval of consent one six point one.
Uh second.
Uh move approval by Commissioner Ahern Koch, seconded by Commissioner Batti.
Um roll call vote, please.
Thank you.
Ulrich?
Yes.
Price, yes, Aaron Kotch.
Yes.
Albert.
Batti.
Yes.
Thank you very much.
Passed unanimously.
Uh commit Vice Mayor Ulric is uh pulled item 6.2.
I did.
Um who from staff would join us at the table?
Uh he's here.
Well, what do you know?
Figure out stick around.
Thank you.
Um so of course we want to be ADA compliant on all projects.
But it seems um like we shouldn't have to have a change order to be ADA compliant on any project.
Why do we need a change order for that?
Most of this work, you know, and looking at the whole project as it's been taking place, most of the work is a project that was outside of the fountain project, but it was a good idea at this time to incorporate it into the lower uh patio area.
And uh with that said, we didn't have to go back out bid because anything over 65,000, you gotta go back out for an official bid, so we kind of stay away from that, even though it's uh brought the price of the project up, it made sense to do it now with the contractor already on site, they're already mobilized and ready to do the work.
And that was the reason uh the driving force behind getting this done now and making our ADA requirements at the lower area.
Thank you.
And so comment not question to the city manager.
Um I would heads up uh ask staff to be very comprehensive in their look at proposed projects so that we get things like ADA compliance in there the first time around.
Agree.
Thank you.
Thank you.
Uh Commissioner Batti.
Uh yes.
Uh thank you, sir.
And I just want to say, you know, um seeing Eric around you know, campus every day, he does uh invaluable work here for the city.
But one thing that I want you know wanted to ask, particularly, you know, uh intercity manager, because I've uh broached this before, and that is regarding um there's a difference between project managers and say owners reps uh or what have you.
And when it comes to like these contracts uh and you know, whether they go out for RFP or for uh procurement um uh or um or bid or what have you.
You know, the project manager, which you know, miss what's the last name?
I apologize.
Patreon.
Yeah, my apologies.
I just know you it's air, whatever.
Um, have two totally different functions and what have you.
And you know, I have here like what they are.
And one is C the difference between project manager and owner's representative and the key differences.
The focus start with focus.
Uh the project manager focuses on management of the project, whereas uh owner's rep focuses on protecting the the owner's interests, uh the role the project manager executes and coordinates work with the owner's rep oversees and validates and advises, reporting project manager reports on projects propens rep reports on owner to the owner and the commission with oversight.
Decision influence project manager recommends technical decisions, whereas the owner's rep evaluates them for the owner's impact.
Risk oversight, project manager manages risk uh operationally, whereas the owner's rep reviews risk to safeguard the city.
Contract interaction, project manager works directly with contractors with owners rep ensures contracts are followed and budgets in schedule.
Project manager uh manages the budget and schedule daily, whereas the only owner's rep verifies variances and justifications.
So, and I think that's that comes into question what we've been talking about today, and and that is you know when things go out for procurement, whether it's bid RFP or what have you, the project and someone as say an owner's rep to make sure that that that we're getting not necessarily just so the bet the best quality of work and bids and so on and so forth, but just to make sure that overall this the city's best interest is is uh you know adhered to in uh in our best interest and safeguarded as well and whatnot.
If you can if you understand my question or whatever.
I do, and I've used owners' reps a number of times.
Generally you we use an owner's rep on a large complex project that involves a lot of things going on at one time.
So if you're doing a big complex construction project, I'll give an example, performing art center, uh it it's almost assured that we would have an owner's representative on that.
We'd have a project manager too.
On this particular case, what you really have is a although it may seem like it took forever, um, and I've only been here seven months and it still seemed like it took forever.
This was really a I believe this project was bid, correct?
Yes, sir.
One time we had one better, and then uh when Mr.
Brown was here, we went out for a second bid, which made sense because now we got something to compare it to.
So there was a second bid.
Okay, so we had an engine a set of engineering drawings.
It was it was all done in great detail.
So for this particular project, um it probably doesn't just I was not here in the beginning, but in my mind it probably doesn't hit the threshold for an owner's rep for this one, but certainly for the larger complex projects where you want your interests to be represented with the contractor and all parties, because sometimes there's an engineer involved, sometimes there's a whole variety of consultants, where the project manager like Eric is kind of detailed focused, and they they take the drawings and the and the specifications and they compare them to the work, and when they see something that doesn't look like it's headed in the right direction, they get with the contractor or the architect or whoever it is, and they and they align.
And on a smaller scale project like this, that's an appropriate way for us to handle the that kind of project.
Um Eric's air, as you know, every day talking to the contractor, sometimes making recommendations, sometimes giving direction, sometimes correction, whatever is is needed.
So for this scale project, I I think the project manager approach is appropriate.
You know, one of the things that brought us to this one is we had a complete ADA review of much of the citywide of our citywide situation, and this was brought up during that review, which of course happened after the project was designed and the contract was let, which is why we're here in front of this today.
But the owner's rep is an important element, especially in the larger complex projects.
Okay.
Uh thank you.
Thank you for that clarification, Mr.
Bullock.
And another thing I wanted to ask is, because you know, like this project, the project with the bathroom or what have you, and there have been a number of other projects.
Uh uh, even with uh the properties that we had in in in Newtown that that uh um Habitat for Humanity eventually like got what is what is what's going on with uh our our our local vendors or contractors or what have you that that a lot of times we just don't you know like you said in in this in this bid it was just two of them one out of Georgia and and then one local, you know, like w is this something that we're missing or that we're not doing or or I mean this is just the question.
No, it's a great question.
And and and in my experience there's a a variety of factors.
Some of them are just to be frank, doing business with government isn't easy.
Um we're clunky, we're cumbersome.
Um it's difficult for us to do things just by directive, and the public doesn't want that.
They may say they do.
But if we're spending their money, they want to make sure there was an even shot and we got the best deal we could possibly get.
Now, if I'm a private person developing something, we can go along and I can go back and forth with the contractor however I want.
When the city is doing it, we do that in a very formal way and require what you see here, change orders, um, get into all sorts of processes to protect that public interest.
Has public procurement gone a little overboard?
Some could argue, and thus you see some different uh approaches to public procurement starting in recent years to come out.
A public-private partnership where the specifications are they leave some flexibility to accommodate changing conditions.
Um the other piece of that is why does public work sometimes get so few bids?
When the private construction market is booming, then you don't see a lot of it's more difficult to get public bids when you could just go build without a bid, get a contract with someone you know or someone who trusts you and they'll just give you the contract because of a relationship.
We while we have relationships, we have to ignore them in the public bidding process.
It's lowest bid.
So thus you've got in this situation a fairly local crowded roofing.
Everyone sees their trucks around.
They didn't get the they missed it by 20,000.
So we have to go with with someone else.
So the relationship doesn't count as much.
And we have a procurement code, we have a law we have to follow and a process we have to follow, and state laws we have to follow.
We are clunky to contract with.
I mean, no, no, I appreciate that explanation because that leads me to to another thing, and and I brought this up before as well, and when that particularly when it comes to minority contracts or what have you, and last I checked, we don't have any.
You know.
And uh and I propose us doing a desire a disparity study or what have you to see what we can do to uh get minorities more involved in the process or what have you.
And on your recommendation of ask procurement, we don't actually have an identifier once the procurement is finished when it goes to a contract phase.
We don't have an identifier that identifies minority contractors.
So I've asked them to look back through we do in the procurement process because sometimes they're eligible for just like local preference eligible for uh some adjustments.
So I've asked them to look at how many went from procurement to contract, and then from now on, I've asked them to put that identifier on so we can easily produce that kind of information.
Uh excellent.
Thank you so very much.
I appreciate that, Mr.
Bullock.
And thank you so very much, uh Ms.
Patchett, for the work that you continue to do for the city.
Uh thank you very much.
And I I agree a hundred percent with Mr.
Bullock uh brought up all those points for right on the money.
Uh thank you.
Thank you, sir.
Thank you.
Thank you, Mayor.
Thank you.
Uh Commissioner Alpert, do you have any questions?
I do not thank you very much.
And thank you for your response on this one.
Thank you.
Uh may I have a motion?
Move approval of consent item number six point two.
Second.
Okay.
Moved by Commissioner A.
Heron Koch, seconded by Commissioner Bat T.
Can we have a roll call vote, please?
Ulrich.
Yes.
Trice.
Yes.
Aaron Kotch?
Yes.
Albert?
Yes.
Betty.
Yes.
Passed unanimously.
Thank you very much.
And now Commissioner Vice Mayor Ulrich has item 6.3.
Pulled item 6.3.
I did pull that item.
A question.
I have, if Ms.
M.
Schoff could come down.
Good morning.
Good morning.
My question is, when this project is completed, will the city still own the land?
No.
That was already deeded to St.
Vincent de Plot's.
Excuse me.
Cindy M.
Schaff, General Manager, Office of Housing and Community Development.
Thank you.
So for some reason, based on the wording of what I read, I thought the city would still own the land.
And St.
Vincent de Paul would own the units on the land, not the case.
Not the case.
They already were deeded the land.
However, with the deed restrictions, the city wants to make sure that whoever owns this property continues with the purpose and intent that the city originally specified, and that is for 50 years to have affordable rental units.
So my point is still valid then.
I think this is something, and projects like this are something that we should include when we track affordable housing initiatives.
We do a really good job, and this is out of your area now of a tracking density bonus initiatives and things like that.
But this should count because it is affordable housing.
So would you pass that along to those who do track affordable housing?
Thank you.
Thank you.
That was my only question.
Okay.
Commissioner Albert, do you have any questions?
I do not.
Thank you.
Thank you.
May have a motion.
Move approval of consent number one item 6.3.
Second.
Okay.
Moved by Commissioner A.
Hern Koch.
Seconded by Commissioner Batti.
May have a roll call vote, please.
Yes.
Trice?
Yes.
Aaron Kotch?
Yes.
Alpert.
Yes.
Betty?
Yes.
Already.
Yes.
Okay.
It passed unanimously.
And that ends consent agenda one.
I'm going to suggest that we postpone the break until after consent agenda two, if that's meets with everybody.
Okay.
So we next up is consent agenda number two.
Um mayor, just real quick, if you don't mind.
Um Commissioner Albert, we need you to speak up a little bit.
You're like really low.
We can barely hear you.
So I don't know if there's something we maybe we need to make an adjustment at a when we have a break, but we can barely hear you on our end.
Shouting.
Yeah, we can't hear you.
So we'll figure it out.
But I'm sorry, Mayor, go ahead.
Okay.
Okay, we have reached consent agenda number two.
Are there any items pulled?
Um yes.
Commissioner Ahern Cotch pulled consent agenda item number seven point two.
And that is all I have, which is the only two items, so there you go.
Okay.
So since we only have two items, we have 7.1 that we can vote on.
How about I go ahead and read the thing?
Oh, sorry.
And we will do that just a second.
Resolution number 26R 3368.
A resolution of the City Commission of the City of Sarasota, Florida, amending the budget for the fiscal year beginning October 1, 2025, by providing for supplemental appropriations.
Any amounts identify in exhibit A.
Providing for several if any of the parts here of are declared invalid.
Providing for reading by title only and provided an effective date.
Thank you very much.
So may I have a motion concerning the balance of consent agenda number two, which is just comprised of item 7.4.
Okay, you moving approval, Commissioner Batti.
Yes, Mayor.
Second.
And seconded by Commission Vice Mayor Ulrich.
Thank you, Mayor.
Aheron Kotch.
Yes.
Alpert.
Yes.
Betty.
Yes.
Ulrich.
Yes.
Trice.
Yes.
And motion passed unanimously.
And Commissioner Ahern Kotch, you pulled seven point two.
Yes, I pulled seven point two for two reasons.
Number one is to take an express vote on this ordinance, and number two is to clarify that and state for the record that in our executive summary.
Um there is a complete summary here at the very end, uh the very last sentence it says no additional changes were made to the ordinance between first and second readings, and all required conditions have been met.
However, on the previous page, one two three paragraphs earlier.
I'm sorry, two the paragraph earlier, it says between first and second reading, the ordinance was amended to remove condition A.
So it did change uh because condition A was no longer a valid condition on the previously discussed piece of it.
I just wanted to state for the record that condition A was removed from this ordinance.
And unless anybody has any of the questions or statements or anything.
And I I did inquire as to why it does that.
And the the logic of the writers of the ordinance is they disclosed the change that occurred in the memo, so we read that, and then at the end of it, they say no additional changes occurred between the first and second hearing.
So in the minds of the of the staff writers, they say here's the changes that occurred, and then they summarize by saying no additional changes uh occurred.
And it it gets confusing when you because you look at it and say, well, a change occurred.
How can you say nothing else?
How can you say nothing occurred?
Maybe what they should say, they use the word additional to assure the commission that they've already disclosed all changes.
We can work on that wording a little bit to try to clarify that.
But I I did because it bugged me, and I asked staff why they do that, and it shows up a lot.
And that was the logic which from their perspective made sense.
So let us try to clarify the wording.
And it does make sense.
Uh and this was an added, this was a request to add that so that when we get this ginormous agenda, um, and it's first reading and second reading, you can very quickly see has anything changed between first and second reading?
Because it's rare when something does change.
So, you know, I get the confusion here, but I'm sure there's a solution.
I just wanted to point that out for the record.
Thank you very much.
Ums on this?
I would move approval of consent item number two seven point two.
Second.
Uh moved by Commissioner Ahern Coch, seconded by Commissioner Batti.
Uh roll call vote.
Thank you.
Albert?
Yes.
Betty?
Yes.
Alright?
Yes.
Price?
Yes.
Aherncot.
Yes.
A motion passed unanimously.
It is quarter after 10.
We have finished consent agenda to why don't we take a break now and reconvene at 1025 and resume with the board appointments at that time.
Thank you.
Good morning.
We are calling the regular meeting of the city commission back to order.
Um, and it was brought to my attention that item five point one, which was the presentation by the disability advisory board.
I neglected to ask the commission to officially receive the report.
So may I have a motion to receive the report?
So move.
Second.
Move by Commission Vice Mayor Ulrich, seconded by Commissioner Batti.
Um we just do by a consensus, everybody go with that.
Yep.
Okay.
Thank you very much.
Taken care of.
So we are now here to board appointments.
Uh, but the first item on the agenda is the boards that the commissioners sit on.
Um I guess the first question is does anybody want to change for the boards that they're currently on.
Well, I think the best way for us to do this to make it clean is to go through one by one, that's what we've done in the past, and then we can do it quickly.
Um, and I think that would be cleaner instead of just like deciding willy-nilly.
I don't want to be on this board, I don't want to be better that board.
Let's just start from the top and go through them all.
Okay.
The um I can do that if you'd like for me to like do it.
I'll handle that for you.
Okay.
Okay.
Sounds good.
Let's start at the top.
Um, board of directors for the um economic economic development corporation right now, current representative is vice mayor Ulrich.
Alternate is Commissioner Ahon Kosh.
Do we want to keep those?
I'd like to continue on that board.
And I'm okay as well.
Okay.
Unless anybody else would like to be the alternate.
Okay.
All right.
Do we we have a consensus, correct?
Correct.
All right.
Next.
I'd like to continue to represent it.
Is there a need for an alternate?
I mean, have you ever missed some no?
Well, in actuality, uh Jennifer Jorgensen's on that on that committee as well, so we have pretty much two representatives.
But that's that, so she doesn't have right now.
I'd be happy to be the alternate.
All right, so um Vice Mayor Ulrich is like to be alternate.
Do we have a consensus on that?
Sure.
I haven't heard from Commissioner Albert, if you have any objection, just chime in.
Okay.
Yes.
Yes, thank you.
Thank you.
All right.
Okay.
Next item is the Bay Park Improvement Board.
Current representative is Mayor Trice and Commissioner Alpert.
And is everybody okay with that?
I'll ask the question does that need a an alternate?
I don't believe so.
No, it meets once a year.
Okay.
And they adjust the schedule to make sure we can all attend.
All right, so we have a consensus on that.
Okay.
Next is the council of governments, the it is typical the mayor and the city manager, and the vice mayor is alternate, so uh that should stay standard.
Okay.
Next is the Minnesota League of Cities currently is Commissioner Ahern Koch.
The alternate is Vice Mayor Ulrich.
Do we want any changes?
I'd like to continue if that's okay.
I'm finding the alternate.
Okay, everybody consensus on that.
All right.
Next is the Sarasota Bay National Estuary Policy Committee.
Currently, Commissioner Aaron Koch, Vice Vice Mayor as the alternate.
I'm fine.
That's fine.
Yep.
Okay.
Sarasota Council, Sarasota County Coastal Advisory Committee, Vice Mayor Ulrich is the representative, Commissioner Aaron Koch, alternate.
Everybody good?
Okay.
Sarasota County Community Action Agency Board.
Um the city representative is um Cindy Inshaw as a staff member serves as the alternate.
So I don't think there's really much there that needs to change in my opinion.
Okay.
Okay.
Um Sarasota Manatee Metropolitan Planning Organization, Commissioner Alpert and Commissioner Ahern Koch, are the representatives, Vice Mayor, I'm sorry, Mayor Trice is the uh alternate.
Is everybody okay with that?
I I'd like to stay on that.
Okay.
All right.
Sounds good.
Consensus there.
Yep.
Um I don't know.
Southwest Florida Regional Planning Council is Rachel Ingram Ingle, which that was a previously appointed by um Arroyo.
So I don't know we need to maybe look at a little bit more into that.
Um we may need to bring that back to you all at a different time.
Okay.
Okay, yeah, because I would like to know more about what that board does.
We'll bring that back.
Okay.
Because that's on hold, just for clarity.
Yes.
Okay.
Sun Coast Partnership to in homelessness.
Um currently is Mayor Trice.
The alternate is Commissioner Batti.
Is everybody good?
Yeah, but if somebody else would like to slide in, um I would be happy to move aside.
But if not, I'll stay there.
Okay.
All right.
Sounds good.
We have a consensus there.
Tourist Development Council, Commissioner Aaron Koch, representative, alternate commissioner Batti.
Do we have any objections?
I would like to be on that.
Perhaps Commissioner Batti, if I could take your alternate slot.
Okay.
Unless Commissioner Ahern Koch wants to move.
I I would be I mean, if you would like to to move into that slot, you're welcome to.
It's a very interesting board.
I I would very much like to be.
I have no problem.
So you will give me your uh primary slot.
Yep.
Did you want to move to alternate or stay alternate?
Yeah, continue to stay.
Okay, so Mayor Trice would go ahead and be the representative for the Tourist Development Council, and Commissioner Batti will stay the alternate.
Is that correct?
And we have a consensus on that.
Sure.
I was also worried about you being on so many things.
When do you have time?
Well, you know, I I do get there, it's not a problem, and uh and uh it does take some preparation, but that's also not a problem, but it's very interesting, and and anybody I I'm willingly thank you I give that up for somebody who who would have the opportunity to learn.
Okay, sounds good.
And the last one here we have Sarasota Housing Authority, the commission, Commissioner Aaron Coch is the liaison, the alternate is a Mayor Trice.
Are we okay with that?
Okay, okay, consistent on that.
All right, thank you.
Those easy to move forward.
So that takes care of item eight point one.
We uh have moved item eight point two to further down on the agenda.
So we are now at item 8.3 appointments to the citizens with disabilities board and uh Ms.
Griggs, would you thank you, Mayor?
The terms of Mr.
Eric Crompak and Andrew Peccarella expire December 2025.
Both members are eligible for reappointment and have expressed interest in being reappointed.
Move to approve Mr.
Eric Crom Pack and Mr.
Andrew Percarella.
Second actually, we can just do that with a consensus that everybody's okay with those reappointments.
Yes, okay.
Yes, I just have one thing to add.
Um so here is uh star position one of the boards.
Um and Commissioner Alleric, uh, Vice Mayor Ulrich, you may or may um um not know this, but we have I think three boards where we have star positions, and um where they vote, it's important that that spot is filled.
And we've had multiple interactions with the boys and girls club for the star position, and whatever we can do to encourage that group because it's an important spot and we had young people here today.
I would love to see these kids were too little, but it's mainly for high school students.
Um whatever we can do to work with that group to get there two spots open on for star students, and we were going to we had talked um vice mayor about getting rid of that spot, making that spot a non-voting spot.
Um the group, the organization came out strongly advocated please keep it, it's really important.
We did said okay, please don't make it a non-voting position.
We said, okay, that's fine, kids aren't gonna show up if they're not valued and their voice is never a spot, and so um that's a struggle.
But it's it's a struggle, and and and I really value that star role, but it also does not help the board if the student is not there.
Yeah.
So I'm caught between this and I I'm throwing it out there for whatever your input is from all of you.
Yeah, um a couple meetings ago we brought this up for discussion in a more general sense.
And um it was brought to my attention then that the boys and girls club uh organized this aspect of our advisory boards.
Yes.
Perhaps it's something that we could bring up for discussion when we uh uh talk to school board members.
Uh not at the meeting that we're going to have, but um they could do something to advocate for these students being appointed, I think.
So since they've been given the ability to to vote, uh has there been a change?
I mean is that the attendance a change.
They they always had the ability to vote, and our commission discussion was well, if it if it's a problem with quorum in voting, let's just take that voting right away.
And they came back back to us.
The organization came back to us and said, please don't do that.
The students will definitely not show up that they don't have a voice to vote.
And so we would gave weight to that as a commission and we kept it as it was.
And I will say, and I can state uh myself and Ms.
Rivers met with the boys and girls club multiple times and trying to get them to get their students to participate in.
They stated that they were really work hard on trying to get those students to uh be a part of these, and they advocated really heavy because you know we also refer them to commissioners uh to voice their you know state in this.
So but you know, we can try to reach out again and say, hey, we need these students to come.
And and this uh surprising to be honest with you, because you know that's the star leadership program over at the boys and the boys and girls club is is incredible.
I've I've done uh a number of uh programs with them and work with them a number of times, you know.
Um I'll personally speak to Bill Sadlow myself and uh and see what we can to kind of advocate for that.
So is there a suggestion of how to move forward?
So m one of the suggestions that we discussed as a commission last time was having this as a star position, but also potentially opening up and doing some outreach to maybe some college students that were here today.
They have their own transportation, they make their own schedules, they're a lot more flexible, they don't have the pressures of seniors in high school or juniors in high school.
And so maybe that's an opportunity for us is to do as a city do some sort of outreach to our local universities.
Still keeping in mind that it's somebody that's it's you know the younger generation, but maybe someone who's a little bit more flexible, so it's not a star student exclusive position only, but a student position.
Well, I think that's something that you know maybe as a commission we can talk about at a later date.
Yeah, yeah, and bring back to discuss.
Um they're an adult, they're not a high school student.
This is totally separate, and I think we need to have a uh a big discussion on that.
Yeah.
That was that was my suggestion in bringing it up that we bring it up and maybe potentially talk about having it be a star student, and if it can't be filled by a star student, what's the alternate approach?
So uh can we ask you, Ms.
Griggs, to put an item on the agenda, but also someone on your staff maybe list some possible things, action items for us to consider.
Yeah, I we can get with um our staff and we also can work with um maybe the city attorney's office as well to figure out the ordinance, but um or I'm sorry, resolution regarding this board.
Um we'll reach out uh again to this to the boys and girls club um to see if we can maybe kind of push them as well again.
We've done it multiple times.
I know Lori would probably be like talk to them, but but you know that's but if you have a sense that uh one of the elected's reaching out to them would be so any thoughts that you have if you put them in the backup for an agenda item.
I think that way we could address it.
Sounds good.
Official time.
Thank you.
Thank you.
So um just to be clear, we are um we have a consensus in the reappointment of Eric Crompak and Mr.
Andrew Pecarilla, correct.
Right.
We'll move forward for the and Commissioner Alpert, please weigh in loudly if you want to.
Yes, um I I will.
Thank you.
So now we are at item eight point four appointment of the members of the downtown improvement district board.
Thank you.
Made a terms of Ms.
And I will weigh in.
Okay, okay.
The terms of Ms.
Harmony Crushing in Eileen Hampshire expired December 2025.
Ms.
Hampshire is eligible and has expressed interest in being reappointed, a new application um submitted to our office, and Miss it actually, and then we have two seats, one reappointment and one available.
Okay.
Do we have any commission?
I'd like to nominate somebody.
Yes, thank you, Miss Commissioner Albert.
Omar Sadek and Susan North.
Okay, so Commissioner Albert has put on the table Omar Sadek and Susan North.
Uh any other suggestions.
I I I would second that if I mean I know it's not a motion, but I would agree with that.
Okay.
I'll nominate Eileen Hampshire for reappointment.
And I'll support that.
And anybody else.
I was going to suggest John Harshman.
So all of the applicants are really it's uh really qualified and eager to to fill that the the roles.
Um all, met them all, and you know, conflicted uh about who to appoint in that position.
Um but i typically when we have somebody who served on a board like Ms.
Hampshire, uh and they have uh served well and and uh attended all the meetings and showed up prepared, we um sort of out of respect reappoint them because this is a voluntary position.
That was my that's my reasoning for supporting Ms.
Hampshire.
Um but the remaining applicants for the one position, they're all I support them all.
Um I sort of echo what Commissioner Ahern Koch said.
We do typically reappoint somebody if they've shown up and done a good job.
Um so that's why I nominated Ms.
Hampshire.
Uh the four remaining applicants, you know, you I think you can't lose.
They're all very qualified, and I'm sure they'd all do a good job.
Commissioner Batti, did you have anything?
Uh no.
Um I was just gonna again move forward with uh Omar Sadek and Um Susan North, Mrs.
North is uh applied for this board uh a number of times, like maybe two or three times or something like that, maybe.
This is her third time, yeah.
And uh I would hate to see her like continue down the road of being denied or whatever, um, because I think she's a valuable asset to what we're doing downtown and especially uh Mr.
Sedick with his investment in in the city uh overall and particularly the downtown and what um he has coming in the future uh which speaks to the future of downtown.
So that's that's uh where I am with with with those two nominations.
Commissioner Alpert, did you want to say something?
Yes, yes.
I I I was gonna say the same thing.
And normally I would agree with the reappointment, but and um, you know, and uh you know I love Ms.
Hampshire and I know she's qualified, but she has you know she has served on the board four years, and I think it's just time to get a new perspective.
Umer Sedeck has made a huge investment in our downtown, and I think has some really good ideas for how we really uh bring our downtown forward to the next level, and I think Susan North again has applied three times.
She's a really energetic businesswoman, and I think she would be a great asset to the downtown improvement board.
So that's why I'm I'm advocating for them rather than a reappointment.
Okay.
Yeah, I I did want to say I really appreciate Ms.
Hampshire's contributions over the years.
Um, but times are changing, and one of the changes we are going to be discussing later in the agenda is um now that the downtown improvement board has a strategic plan and moving forward into the future with that new strategic plan.
I I think we need to include new thinking, new ideas.
So while I appreciate everything that Ms.
Hampshire has done, maybe it's time to appoint somebody new to that position.
So I would like to do that.
I just wanted to weigh in about Ms.
Hampshire.
I I hear um everything everybody's saying, and I and I um and I value all of that.
The one thing about Ms.
Hampshire is that when you attend a lot of advisory board meetings, some topics keep reappearing, and she offers an incredible amount of legacy knowledge.
She has invested in that property, she owns the property, she runs the shop, she's boots on ground, so she's not just a property owner, she's also there day to day and has been there day to day for many, many, many years.
And she also lives in downtown Sarasota as well.
So she offers a very unique perspective and has legacy knowledge, which is invaluable when you have a board discussing things and you you you need somebody to ground you.
So uh that's those are some of my reasons for supporting her.
So thank you.
So do you want to handle this?
I would like to do this as uh to receive them as um nominations will receive first.
I have an order, so we will start with Commissioner Alpert and her appointments of we'll just do one by one.
So Commissioner Alpert would like to appoint Mr.
Omar Sidi.
I would think I would like to have a vote on the city.
I'm sorry if I think it's the other way around, City Goldman.
I'm sorry, I'm so sorry, sir.
I apologize.
Um would like to um have a vote on that first.
All right.
So I will do a roll call, and this will be the appointment of Mr.
Omar.
Um Aaron Koch.
Yes.
Albert?
Yes.
Betty?
Yes.
Ulrich?
Yes.
Trice.
Yes.
Okay, so is to move forward with Mr.
Omer.
And he will be taking the seat of Ms.
Eileen Hampshire.
No, no, we well no, just a seat.
Just a seat.
I'm sorry, I apologize, a seat.
My apologies.
I'm right.
You're right.
Um next, Commissioner Alpert stated uh she would like to uh recommend Susan North.
We would like to do a vote on that.
Okay.
All right.
Alpert.
Yes.
Betty?
Yes.
Ulrich?
No.
Trice.
No.
Aaron Clutch.
Say it.
Um, I'm really conflicted here.
Say yes.
I I I really advocate for Eileen Hampshire.
I think that it's important that she's on this board.
Um, and if we come back, I may change my vote, but um no.
Okay.
So motion fails.
Okay.
So Susan North will not move forward.
Okay.
I will go next to um Commissioner Ulrich.
I mean, sorry, Vice Mayor Ulrich in her nomination of Eileen Hampshire, and we'll have a vote.
Okay.
Albert.
No.
Betty?
No.
Ulrich?
Yes.
Trice.
Yes.
Aaron Kotch.
Yes.
Okay.
So Ms.
Hampshire will remain on this board.
Okay.
Thank you all.
Thank you.
And may I say just say thank you to all the applicants.
Your volunteering, um, stepping up, and us struggling over this is a really good sign, and it's really appreciated.
So I just want everybody to know that.
Okay.
We thank you all.
And I just like to say Mrs.
North don't give up.
I would like to say the same thing.
Mrs.
North, don't give up.
Yeah.
She's two great applicants.
So thank you very much.
And moving right along to the next board appointment is the if I can get my pages to separate.
The nuisance abatement board.
Thank you.
This should be a hopefully click one.
Um, the terms of Mr.
Richard Ruger expired June 2024.
Um he has continued to serve and was never really formally reappointed.
He is eligible and has expressed interest in being reappointed and has submitted his application.
I would move approval.
Uh I would move to reappoint Mr.
Ruger and thank him for his.
Do we have a consensus on that?
Yeah.
I did want to express my disappointment that he did not choose to update his application so that we do not have information from the application on why he wants to continue to serve.
Okay.
So that would have been helpful.
Okay.
But so we are good with the um appointment of Mr.
Ruger.
Yes.
Okay.
We'll move forward there.
Next item.
All right.
The next item on the agenda is appointment to the parks, recreation, and environmental protection advisory board.
Okay, thank you.
The term of Miss Rachel Brodsky expires December 225.
She is eligible for reappointment and has expressed interest in being re reappointed.
And we have uh one reappointment to applications receipt.
I would move that uh that we reappoint uh Miss Brodsky and then again highlight the open star students spot which could be filled by an active resident or somebody else.
Okay.
Noted.
I'll second.
All right.
And so do we have a consistency and moving forward with the reappointment?
And and I'd also like to thank Mr.
Walsh for applying uh as well.
All right, perfect.
Awesome.
Right, next item.
Okay.
Next item is appointment to the planning board.
Thank you, Mayor.
The term of Mr.
Torrell Salem expired December 2025.
Mr.
Salem is not eligible for reappointment due to term limits.
Mr.
Alexander Nihas, who is currently serving as an alternate member, has applied for this seat, and as a permanent member in addition, one other application was received.
So one seat to applications, and you can also um appoint the alternate as well.
I I moved to approve Chad Overson.
And I move to appoint Alexander Nehaas.
And I would move to appoint Alexander Nihas as the permanent position and Mr.
Overson as the alternate.
Okay, hold on.
I'm trying to write all this down.
Okay.
Vice we're waiting for the the vice mayor.
First of all, I would like to thank Tyrrell Salem.
Yes.
I sat on the bo planning board with him, and he always came prepared.
You knew he'd be prepared for the meeting.
And so thank you, Tyrell.
Yeah.
Mr.
Salem is uh been uh an invaluable asset to you know the the forward thinking of the city and and uh the direction of the city and where we're going um and what we're trying to accomplish.
So uh thank you for his time and his energy, his efforts, and his preparedness as you as you so aptly stated.
Yep.
And um I'll continue.
Um so I read Mr.
Nihas's application, and I was really impressed with this statement.
Um, where he wrote the lens through which planning board views and application should not be driven exclusively by a specific discipline or profession, but instead be governed by the language and intent of the zoning codes and city plan.
I could have written that for him, but I didn't.
So um again I reiterate my desire to appoint him to the permanent spot.
Madam Mayor?
Yes.
I would also like to chime in.
So I would like to thank um Terrell Salem as well.
He was invaluable, he served well, he um just was so prepared, it was incredibly uh uh impressive uh his presence at those meetings, and so he put in a lot of time and a lot of effort, and uh I I want to publicly thank him as well.
And so he put in a lot of time and a lot of effort and I I want to publicly thank him as well.
And we as a commission created this alternate position for the planning board.
I think it's worked out really well for this board.
And the alternate position sort of serves as a uh training ground for the permanent position.
Mr.
Neehouse has served on the board for a year.
Um he's put in his time, he's put in his effort.
They have to show up prepared, even though they may or may not hear the item or be participate in the meeting.
They have to be ready to go at all times.
He's done that.
He's never showed up not prepared.
Um and he's always been there to do the voluntary job that we've asked him to do.
So out of respect, I would like to support the um suggestion that he be appointed to the permanent position.
And I met with Mr.
Oberson and very uh impressive man.
He um is new to the city, but very eager to get involved and has knowledge and background in the things that we do, not in Sarasota.
So the training ground of the alternate would be very, very valuable for him, so that maybe one day he can also slide into that role of the permanent position.
So it sounds like we're suggesting that Mr.
Knee House be the permanent member and that Mr.
Overson be the alternate and we do not what Commissioner Albert's data, so we're gonna have to do in individually.
She there's no consensus because she and the initially um nominated Mr.
Olberson.
So I for the main position.
Yes, correct.
So I think we need to go in order as nominations received again.
Um so we will start with Commissioner Alpert's nomination uh Mr.
Chad Olgerson and I will do a roll call vote.
Aaron Kotch?
No.
Albert.
Yes.
Betsy.
Um I'm trying to remember Miss Overson.
Um, but uh no.
No.
Okay.
Ulrich?
No.
Trice?
No.
Aaron Kotch.
You are saying sorry about that.
So did I get two votes?
No, no, no.
Sorry.
Motion fails on that.
Um we will move forward with um Commissioner, I'm sorry, Vice Mayor Ulrich's nomination of Mr.
Nihas, and then we'll do a vote.
Albert.
Yes.
Betsy?
Yes.
Ulrich.
Yes.
Aaron Kotch.
Yes.
Okay, so we'll move forward with Mr.
Nihas as the um permanent member.
And then do we have nominations for the alternate?
Mr.
Overhouse.
Okay.
Right, I agree with that.
I'm sorry, Mr.
Overson.
Do we have a consensus then to nominate Mr.
Olberson as the alternate to the planning board?
Yes.
Yes.
Um thank you very much.
Uh we are now down to 8.8 appointment to the public art committee.
Thank you.
The term of Miss Cassia Kite Jager, seat nominate designated for a member of the local arts organization, expires December 2025 and has expressed interest in being reappointed.
I would like to move that we reappoint Ms.
Yeager.
Uh I agree with that.
Um she brings a unique perspective to this board as an art educator.
And you see what art educators did to the Palm Avenue garage recently.
All right.
Um do we have a consensus and a reappointment?
Well, my I mean I I'm I'm supportive of her nomination uh for reappointment.
I did want to point out that she is a Manatee County resident.
She is not a Sarasota County resident.
So just wanted us to be aware of that and recognize that we are waiving uh city residency requirement.
And I even wonder if we have a county residency requirement, but that we are waiving them in this instance.
Thank you, Mayor, for flagging that.
Um we have a consensus on that.
Yes.
So that is all Mayor.
Thank you.
So that ends the um appointments to board appointments, and we are excuse me, now at unfinished business, and the next item is presentation and discussion regarding the overview and status update on the affordable housing advisory committee, also known as the AHAC local affordable housing incentive strategy, and planning director Cover, Planning General Manager Chapdelane, and Chief Planner Dobbs are coming to brief us.
And just so the public is aware and they're not confused of what we're doing, we did move um unfinished business item number um 9.1, the Bobby Jones Coffee course clubhouse design to another part of the meeting.
So thank you, Mayor.
Good morning.
For the record, uh Steve Cover, Director of Planning here at the city.
Um, as we look at the key goals of the um the city's attainable housing program, uh we definitely took the recommendations made in the Affordable Housing Advisory Committee, blueprint for workforce housing reports, both were adopted by the commission and um move forward to implement those recommendations.
Some of the key ones were one uh to provide significant incentives, including density bonuses to create attainable housing for households uh at all income levels, second, to implement provisions uh that allow attainable housing projects to be granted administratively or by right rather than go through a public hearing process, thus providing a greater level of predictability.
Third, provide attainable housing opportunities for service workers and others who work in the city that currently don't exist.
And also, too, there's a transportation component to this, and that is really to reduce the commuter road traffic that affects and congests our roads today.
And uh there and we will be going through each of these recommendations that were made by um by them, and uh it's just and what we'll show you is that we have moved forward and implemented many of their recommendations um, like I said, which we'll cover today.
We knew back then that just relying on accessory dwelling units, changing of um RMF six and seven, selling uh city surplus properties, creating the missing middle overlay district, and also then including the great work of the Sarasota Housing Authority, uh we just knew this wasn't enough really to meet the demand and and the need and demand here in the city.
We also knew that our our downtown um downtown attainable housing initiative, just for downtown, wouldn't be able to meet all the city's needs.
And we knew we needed to spread the attainable housing out throughout the city, and that is why we came forward with the commercial corridors component of this.
Uh obviously the goals for people to live close to work, reduce traffic on our roadways, improve one's quality of life, and their transportation benefits as well, which uh also spelled out in Sarasota and Motion, our transportation master plan.
So we knew back then we had to approach the private sector and get them to participate because it basically they were providing zero attainable housing units.
Um in 2022, um the commission approved our the comprehensive plan changes of this initiative in 2023.
Um the downtown attainable housing zoning tax amendments were approved.
In 2024, the commercial corridors and commercial sites zoning tax amendments were approved by the commission.
This effort did not rezone any properties, but did create new zoning categories that uh developers potentially could pursue.
Uh we included a chart uh which shows um really some remarkable results since all of these um uh um zoning tax amendments were were approved.
We have 27 active applications right now in process, and all but four are all only four of those include uh are using the live local act, two of those for just minor height increases.
So you can see as you can tell uh the developers are choosing the city options versus the live local AC so far for the most part.
Uh we're also seeing competition, and this is really a very healthy thing, I think, um, not only between private developers, but also between the private developers and our nonprofits.
I know back when I was in the city of Madison, Wisconsin, uh we created a lot of um competition in the attainable housing, and it really did benefit all.
Uh I would also like to say one other thing that over 50 percent of all the attainable housing units in process are at 80 percent or below.
And I think that's really important because as what was uh identified by the Florida Housing Coalition is where the biggest needs are, it is in that category.
And so ultimately I just like to say uh before we jump into the uh PowerPoint presentation.
We've created a lot of momentum here.
We want to keep that momentum going, and uh, we are definitely going in the right direction.
So now we'll pass it on to uh Brian.
Thank you, Steve.
Ryan Chaplin, General Manager Planning Department.
Good morning.
Um this item came back, came before you back in uh November 3rd.
We had the affordable housing advisory committee or AHAC recommendations before you, and I think at that time there was some discussion about drilling down a little further or having some more detail.
So what we've done today is is kind of you know have a little quick overview and then get into each of the 11 topics that's that are statutorily required by the state in the status of these recommendations the AHC have have made on each of those topics.
And it's yeah, I think as you'll see the city's been quite responsive to those topics and the recommendations.
So first, as you see here, is just we call it the toolbox, the different uh programs or initiatives that have been uh adopted uh by the commission uh to help facilitate more affordable attainable housing.
And I think most are familiar with that, and again, we'll we'll we'll drill down a little bit as we go through the presentation.
But we have the Rosemary Residential Overlay District 2, we have the RMF six and seven uh density bonus options, we've reduced parking for attainable housing units, ADUs, as Steve mentioned, uh that was adopted back in 2021.
Uh multimodal transportation impact fees, the ability to discount those fees 100 percent for those units that are designated as attainable.
That that that is a big savings.
Uh missing middle overlay district, uh it is in one area of the city, but we'll talk some more about that.
Obviously, the density bonus programs that Steve mentioned on the next slide there with downtown attainable uh downtown and the commercial corridors.
Housing authority overlay district.
This commission had uh elected to essentially double the uh density per acre from 25 units to 50 units an acre and also allow a height increase from 35 feet to 45 feet to facilitate some additional housing authority uh projects.
Um we've also expedited permit reviews for for attainable housing projects, including single family homes.
Um, and then a continuous funding source for affordable housing.
We have an affordable housing trust fund.
How can we continue to replenish that fund?
Uh we do have a as part of the penny for surtex renewal uh a designated funding source for that.
And then lastly, live local, uh, as many of you are familiar with and that does require that at least 40% of the total density be uh considered affordable, 120% or less for uh at least 30 years.
So uh moving on, and the one thing I do want to uh suggest here the tiering requirement, one thing that live local does not require that we're really proud of having that mix of affordability that we say at least eight at least a third of the units have to be eighty percent or less AMI, no more can be between 100 and 120 percent AMI.
Um that that really is something that's not seen much around the state.
Um the country having this this tiering mix in.
I think one of the charts that you have in your packet shows just that you know how many units are at 80 percent or less AMI, etc.
So and here in the on the screen you see just the different professions to sort of humanize uh what that means, someone at 80 percent versus someone at 120 percent AMI.
Um, and you see the different professions there, and you know, generally what what these salaries are and what that means in terms of rent that would pay, and and just to be clear that that is rent with utilities that includes utilities on those numbers there.
All right, so now we'll move into the items in the in the matrix that's also in your backup material.
Again, these are the 11 topics the state requires that the AHAC consider and make recommendations upon.
Um haven't changed too dramatically over the the last years, but we'll just go here quickly through it.
The processing of approvals to expedite uh the these reviews.
That's something that we that we have been doing, we continue to do.
Uh we work closely with development services on those, and uh, think it's been working quite well and and how these how these projects, including again including single family homes, are being uh reviewed.
The next one uh the modification of impact fee requirements.
So in the city, the city controls two impact fees, multimodal transportation impact fees, and and the other one is the utility uh fees, um, which we don't have as much water and sewer impact fees, we don't have as much flexibility in terms of reducing those rates.
However, we have for the multimodal transportation impact fees, reduce those for any project that has 120% or less AMI, they have the ability to come in in it's called a deferral lien agreement that's executed at the city manager level to go ahead and waive those fees just for those units that are designated as attainable for 30 years or longer.
Um the next topic is the allowance of flexibility and densities for affordable housing.
Uh again, we I think most of you are familiar with the different programs out there that have been adopted to help facilitate more affordable housing in in uh with respect to density bonuses.
Um right now we have you know uh again roughly 600 and some odd units in the pipeline that have just from the density bonus aspect uh have taken advantage from the from the private sector.
So uh it is working now.
I think that the idea is we need to see you know once these projects actually break ground.
Um still waiting on some of that, and and I go, I know that's a lot of depending on the market, interest rates, construction costs, labor, etc.
So, but the good news is a lot of those have already been entitled, and I think a few actually are close to breaking ground.
Uh this one, the committee.
This is the reservation of infrastructure capacity for affordable housing.
The committee didn't make any res any recommendations.
As you all are familiar with, we have a comp plan amendment.
There is a level of service analysis that has to occur, so that does happen when we are looking at a feature land use map amendment.
Um the next one is ADUs, accessory dwelling units.
And since 2021, approximately 70 ADUs have been approved.
And this is just something again for context with respect to impact fees.
Um, there is a cost to building these, as you can see, the the list of impact fees there uh that the county assesses again, not including the multimodal transportation impact fee.
We have the ability to to discount and and and essentially defer that.
But for the the other fees, they are required.
So just to sense, you know, that you have the cost of the construction plus these other additional fees that are required upon certificate of occupancy.
Um parking.
Again, we've we've had the ability to reduce the minimum parking requirement for multifamily dwelling units to a half space per attainable unit.
Just a minimum.
Certainly, people can build more if they like, but that that has helped facilitate some projects being able to reduce that that parking requirement for those designated attainable units, and again, designated for at least 30 years.
Um this item here, and I know that it's probably going to generate some more discussion.
Missing middle.
Um, you know, we talk about flexible lot configurations or zero lot line configurations.
Um what can we do to look at, you know, maybe are there additional densities in certain areas that we'll want to consider along certain roadways versus just single family.
Um, should the lot areas and lot widths be looked at to uh to help facilitate additional missing middle type housing.
But you see that graphic there on the bottom that kind of gives you a sense what we're talking about when you say missing middle, you know, a duplex, a four-plex, courtyard buildings, um, mid-level uh apartments, mid-rise apartments.
So there are a number of items that can be considered, and then the other question is where where would it make the most sense to do it?
It'd be the most compatible.
This one uh again, another steps truly required topic.
Um the committee didn't have any specific recommendations.
It should be noted that the updated EC EDCM does contain walk-up walkable thoroughfare street types that help support the notion of complete streets.
Uh number nine, um, this is something that I think you all see any agenda item coming before you.
You know, does the agenda impact the ability or does it increase the cost of housing?
So that's something that you know for any agenda requests that's submitted has to either say yes or no, it has whether or not it has that impact.
Number 10, and most of you I think have seen the list of we this is required every three years.
We the state requires that we bring a list of of those city-owned properties suitable for affordable housing.
Um we'll have the next one coming, I believe, next year.
And there's roughly 10 or so uh parcels left on the list, mostly just vacant single family owned parcels in North Sarasota.
But Habitat, we've worked with them.
They've they've they've taken over about 10 parcels there in various stages of trying to uh redevelop those into single family homes.
Also worked with council to provide uh some two-family uh units on these parcels too.
So it is working, and that this it's all helps, and they've been great partners in in helping to facilitate more single family affordable housing.
Uh and then the other the last topic that the state requires this is uh supporting development near transportation hubs or major employment centers, and as you can see from the maps here, we've tried to do that with respect to the downtown density bonus.
Obviously, your urban core, that's where you'd expect to see more density.
And then uh with the with the commercial corridors and the urban mixed use, you see the green there on the right.
Uh, again, having the higher densities along those those corridors.
Um, so it's something that we've we've tried this that we have supported, I think, based on this this topic, and then what's been recommended from the AHAC.
And then lastly, uh the number 12 is just it's other affordable housing recommendations that they discuss, talk about, consider.
Uh, and then really the the most recent one that came out of the meetings this year is that first bullet there, looking at using a certain percentage of property tax growth to put into an affordable housing trust fund.
Um so that's something we'll look at.
That'll require collaboration certainly with our finance department.
Also, we have a number of items coming out of Tallahassee with respect to property tax potential reforms, so seeing how that plays out as well.
Um and then as I mentioned earlier, we do have the if we do have the penny force for tax remote, we have a line item for affordable housing than that that we get roughly 225,000, I think it is annually.
And uh I think this last slide here just highlighting some of the awards or recognitions that have been received with respect to the the different programs that have been adopted.
Um I know the Florida Housing Coalition has cited uh the City of Sarasota's housing programs uh as great examples throughout the state and something that's working, and again, I'll just highlight having that mix of incomes, I think is is really what differentiates differentiates us uh certainly from anything live local uh that which doesn't require that.
So that is that, and we'll uh take any questions or comments.
Thank you.
Thank you very much.
Uh commissioners questions.
Uh Vice Mayor.
Hello.
Um I have many questions for you on affordable housing, as I have had for years.
Um the first one is we have this table that was in our backup materials dated 11, 17, 25.
And I have in my possession this table, which is dated January 14, 25.
Why did you switch?
What was the rationale for switching from this, which I thought was very valuable, to this, which is also valuable?
So it's they're both and you're right, they're both viable, trying to maybe lessen any confusion.
We can look to combine them, but this table here that you mentioned is is all the currently active applications that we have.
The other one is more the historical everything that's that's been built, or and that also was is pending, but it has uh going back to just some of the Service Housing Authority developments from decades ago showing kind of a totality of of units that are either you know existing or in the pipeline.
Okay, and um with this table, do you plan to continue using it to gather data so that when projects are completed, you can tell us and the public whether a project is completed, not just applied for, and if there are any differences between the application and the completed project, particularly in terms of the number of units.
Does that ever change?
The number of units that were applied for but completed?
It can typically on the on the on the affordable or the attainable units, those are pretty much in concrete.
Um we have uh we have an affordable housing agreement uh that has to be executed and recorded uh outlining you know those number of units at at what income levels.
I think to your earlier question, yes, we could look at some additional columns.
Maybe you have you know, is the project fully entitled?
Is the project constructed?
Yes or no.
We can certainly mean it's this is a very fluid dynamic uh chart, so we can certainly improve upon it.
Right.
And as um you know, as projects get completed and then people move in, you know, they will they will roll off of the projects and process lists and then roll over to the to the other list where where it's in place.
Now do you have any thoughts of putting this kind of data on our website in the form of like a dashboard so that the public and commissioners and the development community, everybody can see almost real time.
You know the numbers can if it's on a dashboard, the numbers can change as soon as you click the button.
Are there any thoughts of that?
Uh I I think having this data is is helpful.
I know there's a I think a weekly report that goes out that that has some of this too, but yes, we can look at putting something like that on the website.
That's that should be an issue.
I would really like that.
Um could you add number of bedrooms per unit?
We could.
I got a bunch of other stuff per per uh attainable unit?
Yes.
Okay.
Um now how much time do I have?
63 and a half.
Um so now I'll go to the PowerPoint.
On page two of the PowerPoint, um, we talked about the R-Rod.
And we all know our rod one, you know, was our first try at this, and we ended up getting zero affordable units.
Our Rod 2 was the second try at it.
We tweaked it a little bit, and we ended up with zero affordable units.
And since then we've done some other things other than density, uh we bring up parking, the reduction in parking requirements.
So their rosemary is all built out now, and people who live there and bought into the reduced parking requirements are really upset that they have no place to park.
And so what are they doing?
They're approaching the city of Sarasota to build a parking garage.
I don't know.
Somewhere along the line, there seems to be a mismatch that they didn't want parking, but now they do want parking, and now it's our responsibility to do that.
All the citizens of the city.
So my question is, is there any consideration to change the reduced parking requirement for affordable units.
So your first comment in terms of those units in Rosemary that received a reduced parking benefit.
The other projects that are were constructed were at market rate.
They a lot of them came under the former R Rod, so they did not get a reduction of parking.
In fact, I think they may have gotten the one space per unit.
So it's really just specific to one project.
But to answer the question, we have not considered looking at revising that ratio of a half space per unit because I think it has helped facilitate some projects that maybe otherwise would not have been able to be constructed.
I know that that those conversations continue to be ongoing, and I we know parking is desperately needed in Rosemary more public parking, especially what what's happening at the bay and so forth.
So something that we want to help support and try to work in some kind of agreement.
Yeah, I have to agree with Ryan, the the point five parking spaces per attainable unit, not just per unit, per retainable unit, really is working uh in multiple ways.
Uh one, it is at an adequate number.
Two, um it, you know, for those projects require the construction of parking garages, the fact that you're reducing the number, reducing the costs of constructing those parking spaces in the parking garages.
You're looking at 30 to 50,000 per space.
It's a big savings for the attainable housing developer.
I I think the real issue of parking in the Rosemary district is obviously there are a lot more commercial uses that are very popular.
Um so uh I think that's um really that's uh maybe affecting the the parking need, not really the attainable housing that's the.
And that's a good thing.
The the mix in Rosemary, everybody just loves, right?
And every parking spot you don't have to build could join with another parking spot you don't have to build for affordable housing.
I get that.
Um ADUs, 70 built since two 2021 on page nine.
Um have we had conversation with the county about the possibility of reducing some of the fees that are county fees?
We we had they didn't seem terribly open to adjusting those fees.
I think there are some ongoing discussions that they're having with their board and looking at just more of a uh a holistic view of it, so that may continue to happen.
Um certainly if there's a joint meeting, maybe that's a topic you'd all look to discuss with them.
But um, but we'll see where it goes.
I know I know for a fact they are looking at uh at their fees and how they might be able to uh modify them for attainable housing.
They have done as much, I will say for the park impact fees.
Um they've they've tweaked it a little bit to allow for some discounting of the park impact fees.
Okay, thanks for that.
And then I didn't write down the page number, but Mr.
Chapdelane, you talked about creating competition.
Um competition that's not the same, of course, as partnerships.
So is there anything we're doing or have done that created partnerships of public and private and foundation and everybody working together instead of competing for it?
Certainly.
In terms of partnerships, you know, we we do have a project right across the street that you know is gonna continue to have some partners with it and continue to evolve.
In fact, we have a RFP that should be getting to be released here any time any moment now to have a uh a kind of a real estate manager help oversee that and making sure, you know, we you talked someone talked about an owner's rep earlier, you know, having that idea of protecting the city's interests and so forth.
Um but yes, in terms of other partnerships, uh in fact there's a meeting, it's actually tomorrow.
The county owned property on Hatton Street right by Sarasota High School there.
Um the community housing trust had a project there some years ago.
Uh it looks like something may be wanting to be revived.
So we're gonna be meeting with uh person that's apparently involved in that and seeing what can be done to facilitate some more affordable housing really, you know, for the teachers and so forth.
I think that's the idea and working with the school district.
Perfect.
That was gonna be my second last question.
Okay.
Working with the large employers to create affordable housing for their own employees.
Then my last question is oh um second round on that.
Okay, I'll save that one.
Thanks Commissioner Harry Kotch.
Okay, thank you very much.
Uh I'm just gonna go back off of what the vice mayor was talking about about um suggestions for tracking.
Um we did talk in uh a meeting one-on-one about tracking the and I believe somebody mentioned this earlier, single-family homes, other things that are not on our lists.
Um it's invaluable to know every effort that the city makes, whether it's a rezone to do smaller lots, um, so that which we did at Jordan's Crossing, and by we I mean nobody here, um 20 years ago uh to allow Habitat for Humanity, I believe, to build a hundred homes there.
So um it's important to know where we were to know where we're going and and and to be able to track the things that have been successful and well received and the things that haven't, and to really understand these metrics.
We talk here a lot about you know data-driven decisions, and that's all part of it.
Um what makes sense, you know, all of our ideas about track this, track that, and apologies ahead of all of these requests.
Um but I think as a commission and as a city, it's it's essential that we understand what we've done, how it's impacted us, what's working and what's not.
Um so with that, um in the uh um uh number one in the the suggestion, uh and it talks about uh it's expressed um for the city and for the county for the affordable housing requirement.
In the city's uh column it says 15% of bonus units in the counties it's 15% of total units.
Is that a recommendation of the hay AHAC to express a request in two different measurements?
Um wouldn't they prefer to have either uh a representation of this in bonus units or total units and not two different representations two different ways?
It's a little confusing.
It was deliberate uh to have it specified for each um you know the local government.
I think the county, I'm not sure they have a a density bonus program, where obviously the city does, so I think that was probably the difference.
And and wouldn't they want us like across the board to like as you go column to column to under make it easily easy to understand what that means?
Because it it looks like it's the same, and it's it's not the same when you do total units versus bonus units.
It's not.
I will say, you know, going forward now that the counties is managing their own ship allocation.
Right.
Um you'll just be seeing the city's uh recommendations since we're gonna have a city AHAC, which will be discussed here later this afternoon.
I just didn't know if there was some conversation behind the scenes about why that was so different.
And do we have um definitions of expedited review, attainable, affordable, and workforce that that are easily understood.
I mean, when you introduced Mr.
Chaplin, you said attainable affordable.
And I we get that question all the time.
What is affordable?
What is affordable?
And maybe we should be talking a little bit more and what exactly do we mean by attainable affordable workforce and what is expedited review?
We define attainable, it's in the zoning code and also in the conference of plan.
I was saying affordable, just the Live Local Act, they they use the term affordable, but we definitely have a definition for attainable in the in the zoning code.
Um expedited, you know, certainly with a lot of these projects, uh, there's a forum that's in the OHCD division that um is part of the packet, and that person or entity can submit the forum development services to shell clearly that it's a affordable, attainable project that does warrant expedited review.
Yeah, I mean in this sort of a document when we produce it in the future for us, because it's not gonna have the counties columns in there.
Perhaps we could have like a little thing that explains what's attainable, what's affordable, what's workforce, what's expedited review, and so that people understand what what we're talking about when we do that.
I mean, uh the vice mayor talked about putting you know a chart online and having this information readily available.
That may help with folks to understand.
And um on the second item, uh it uh Mr.
Chaplin, you had put in your representation that there's relief for uh multimodal uh transportation impact fees.
120 AMI and below, but here it says, am I looking at the wrong column?
It's maybe that's the counties.
No, it says city.
Um it says relief at 80, 100 percent relief at 80 for multimodals, and then adjusted for 80 to 120.
Is that changed?
It has.
So what you see on the first paragraph is an ordinance from 2017, uh where is only 80 percent or less in 2024, the commission elected to expand that from 80 all the way up to 120 percent.
Okay.
Okay.
And then um for me I continue to want to push back on calling 120 area median income as affordable or attainable.
Um when we saw recently that those numbers are very close to market rate, it was uh a project that came before us and the difference between 120 and market rate was sixty-five dollars.
I will say though, so it's apples to apples that those those units, those numbers rather than 120 percent include utilities.
Right.
I know that, yeah.
It's still it's it's it's uh extremely impactful at 80 um and almost negligible at 120, so I will continue to state that.
Uh um and I I I hope that we can focus on more units.
And Mr.
Cover, you had said 50 percent um are at 80 AMI or below.
Uh 50 percent, that's correct.
Okay, and so does that include the um uh housing authorities and uh nonprofits, units.
That includes all of the units.
All of the units.
Okay, I just wanted to get clarity on that.
Um so that we have so that we understand, you know, those those numbers better.
And then I wanted to ask a question about item number four.
Um you had spoken, Mr.
Chapterlin, about you know, us uh measuring that when we go through you know our um impacts, the DRC and all of that.
Can you just um speak to to why we were I don't know, we're not looking into that a little bit more.
I thought that that was a really interesting thought, and that the fact that they didn't weigh in on it and make any recommendations struck me.
Um, they really haven't for for years now.
I think we have an adopted level of service here, and then when there's a comp plan uh petition that comes in that's reviewed, reviewed against those adopted uh levels of service, and then does it impact does it increase it?
And that's that's part of the analysis that's done as part of the complan amendment application.
But the conversation about reserving uh some of that level of service for affordable housing, what what's I thought that was an excellent suggestion, and I mean I don't know, it may not be an excellent suggestion, but the fact that they didn't make any recommendation discussion behind that, I know you attended all the meetings.
I did.
Um when we did this component amendment back in 22 to allow or facilitate you know the bonuses, if you recall there was analysis done there about you know, do we have the infrastructure in place to accommodate the all of the potential increase in growth?
And the answer was yes.
So I think because of that, that's why that really wasn't discussed.
So you don't think we need to reserve it or set it aside or not right now, maybe in the future.
I think right now we're okay.
Okay.
Um when we had the initial discussions about the R rod.
Remember there was you know the boat density bonus, but it when we get to a certain limit, then we're stopping.
It was like the first person in to get that you know the bonus.
They they get their application, and if you come late, well tough on you.
That's so that's what I'm thinking of for um level of service for for our infrastructure.
Do we need to have something reserved for affordable housing?
And so that it balances the affordable housing and the market rate.
Um anyway, that's uh um a thought, uh a conversation for another time.
Uh my time is running up, but uh container homes.
So that's item number five, ADUs.
Um we've had some uh conferences recently about uh container homes and uh aid and how they can be valuable ADUs and and use for other um uh uh purposes in the city.
What uh what's the city staff's thought on on container homes?
And is that something we could consider as part of this discussion?
Has it been brought up?
Um it's an obvious uh uh discussion point.
Yeah, we have talked about it a number of times.
I know from a code standpoint, Brianna, you might yeah, Brianna Dodds Chief Planner, uh planning department just currently in our zoning code it specifically prohibits shipping containers under those residential uses um and accessory structures.
So it I think it's something that we could continue to discuss, get direction from city commission, probably some public outreach as well.
Uh and was this something that's like a uh spill over from 50 years ago, or is this a recent thing?
Is it a safety issue?
Is it what is the reason?
I'll I'll read it here verbatim.
It's a storage containers used primarily for shipping purposes, truck compartments or trailers shall not be deemed principal or accessory structures or buildings and shall not be permitted, and that's in the residential.
Right.
And is that from when?
That's from some time.
1892 or something.
Yeah.
Okay.
All right.
So we're open for discussion on that.
And I think well uh we are, but I I think there's another thing that should be mentioned is is that historically um container home projects, you know, it's a cool idea, but when you look at the actual costs that are incurred to to build something with a container and meet the current code requirements, it actually almost costs exactly the same as constructing from new.
So and and I know I've experienced that in the number of jurisdictions.
It sounds like a great idea, but the actual construction cost to meet code, it it's almost identical to building new.
So my time is up.
Okay.
Uh Commissioner Commissioner Batti.
Yeah, do you you want to uh ask uh Commissioner Albert and whatever?
Well, I was gonna after you because you're next on the list, then I'll ask our thank you, Mayor.
First of all, thank you all for that presentation.
Um that's incredible work.
Um, as you know, prior commissions, we've done a lot of work to try and accomplish what it is you just presented to us today.
Um just for public consumption, I I want to ask the question as I've uh asked here before and stated before prior to you know what we implemented into the comprehensive plan with uh bonus density and and so on.
How much uh affordable housing did we get?
We were basically getting zero, zero units.
Zero, okay.
And you know, as you you you uh presented um awards and and the accolades that that that we amass, you know, because of that.
I know one of them was from the Florida League of Cities.
We have recognizing us for the work that we did with uh with um the bonus density.
So based on that, you said zero we were getting and you were just talking about what's to come down the pipeline and what's in the pipeline and and do you have a number on that?
Yeah, we have uh over a thousand forty well, we have a thousand forty-six units in the pipeline.
Uh of those uh six hundred and forty-nine are private sector generated.
Wow.
So one thousand four-six forty-six.
And what what uh and what time span?
Uh well, you could say two years, but some of them are actually in our commercial corridors, which has only been like a year, year and a half.
So um I I uh to be honest with you, uh, even a large city to be able to generate a thousand attainable housing units in a shorter period of time would be really pleased.
So think about that.
You know, from the uh zero up until this point of what was it, 2022?
Yeah, 2023 and 2024.
Zero.
And in two years, we got well over uh uh a thousand.
You know, that's a huge accomplishment and something to to be applauded and you should, you know, thank yourselves and we thank you for the work that you've done on on this and trying to uh get us to where we're we're trying to go or what or whatever.
Because one of the issues that that um that people have to understand is you know none of this is easy and to come up with these numbers, you know.
I know the the Commissioner uh spoke of you know 120 AMI, you know, is kind of you know is a bit much of whatever, but you factor into that equation and you stated it yourself, Mr.
Chaplin.
Utilities included.
That puts it on balance.
the commissioner uh spoke of you know 120 a mi you know is kind of you know is is a bit much but whatever but you factor into that equation and you stated it yourself mr chaplin utilities included that puts it on balance and that that that is that is that is very very significant when you when you're talking about the inclusion of uh of of utilities and what have you and just so the public knows again that the fifteen percent was not arbitrary it was wasn't conjecture it wasn't something that was just grabbed out of thin air this was this was very h healthy and robust discussion with a myriad of of groups from you know developers to uh architects you know the city the county everyone in the affordable housing you know realm to come up with that number or whatever that was the sweet spot so to get that where we are right now and to implement that into the state and it be recognized by the Florida League of Cities other cities can use this as well for for their own metrics or whatever you know what you may be in say Del Ray and 15% may not work for you maybe it's 10% you know maybe it's 20% but just that in in in incentivization is is something but um one of the things that I saw when we were in Salt Lake City um the Vice Mayor spoke about partnerships or what have you we we do we are working on something regarding that are we not with the partnership yes we are okay public private partnership particularly across the street right and and we have we have done that in the past uh you know Office of Housing Community Developments you know through through its programs of you know provided funding for for attainable housing projects here in the city so it we we do it quite often okay excellent and then another question was asked regarding the change in number of uh affordable units you know in a project now I I know that there have been changes in in the number of of units in the project where I spoken to developers and I say oh no what we're adding some affordable units am I correct in in saying that okay that's correct uh excellent and to get that you know on the on the uh the corridors and in the vicinity of downtown and in downtown is incredible you know considering where we were and where we are and where we're going you are to be uh applauded and uh you should uh take a bow for the work that that you've done and whatnot and uh just what I just want to say and for not only for myself but those that will be going into those units thank you very much I yield mayor thank you uh commissioner alpert do you have questions no but I want to ditto what commissioner batti uh was saying as well I think um you know this the creation of that many affordable units and the pipeline is a testament to what the work that the commission and the staff have been doing to try to increase the number of affordable units in our city thanks okay thank you I do have a couple of questions myself on this first round and then uh we do have one request to speak so after we finish the first round I will ask the member the public to come and take that one seat and then we can resume with second round of questioning.
Since the Vice Mayor brought up the issue of parking I have a concern and what I have seen in rosemary district is that the developer takes the number of required parking spaces and appears to assume that that number is required for the residents of the building is there any way that you can say well this is the number required but it should cover both the residents and the visitors because in my building the garage is like less than two thirds occupied and people visitors are searching around where can I park where can I park so is there any way that you can encourage developers to recognize that you're also responsible for providing parking for visitors I think it can come up sometimes at the at the DRC level the the code now requires it's it's a ratio and it's it's for the actual units um for multifamily in downtown I'm not sure there is any anything for uh visitors in the yeah I think it's uh certainly it can be encouraged um no question about it.
So you know, you should be calculating the number of cars per unit based on residents of the unit and people who are going to come and service their unit, guests who are going to be visiting them.
So it shouldn't be assumed that this parking space is just for residents.
It it can be done certainly in the form of a zoning text amendment.
Unfortunately, you're gonna have a right now a bit of a conflict with with 250, but uh it can be done.
A lot of times the developers, you know, in terms of marketability, they're gonna, you know, they have uh, I'm sure a formula they use to have a certain amount of the spaces for for guests, service uh vehicles, et cetera.
Um something we can take a look at.
Um please do because I would think that that calculation, you could keep the same total number calculated, but say, but you need to include provision for the visitors within that number.
Um the other thing is uh I fully agree putting affordable housing numbers on the day on a dashboard on the website, and uh I think it would also be helpful if we had information for people who are seeking affordable housing, what's available, what's in the pipeline, how how do you apply, who do you reach out to?
Um other cities do that, and it's very difficult to find out if you're looking for affordable housing.
How do I find out what's out there?
Uh and I saw that with loss on lemon, there was a big billboard when it was under construction with a website or a phone number, but other than that, unless you walked by that billboard and you know copy down the information, you had no idea that it was coming.
Umtainer homes.
And thank you for reading the um the ordinance because I'm I'm gonna be quibbling a little about the wording.
Uh what we have seen is quote unquote containers that were following the uh floor plans, building plans of a container, a shipping container, but it was solely being built for a residence.
It was not a used shipping container.
It was that was just the starting point in terms of the design.
So I would think that even within that ordinance that you could use the shipping container design and uh where we were seeing a savings on price, was these were factory built, and then just put on a tractor trailer, it was the trailer on the tractor trailer, and then just card it into place.
So, you know, it's hard to believe that that would be more expensive, and you know, maybe some of the uh the building codes might need to be adapted for that to you know to create more affordable housing.
So you know please consider you know the manufactured housing, whether it's containers or the other thing that we saw um was stick-built little homes, but they were sticked built in a factory and then just shipped and placed on site.
So, you know, those might be additional things to consider.
Um so that ends round one, and we do have a request to speak by John Simon, and it's just one person.
So Mr.
Simon, give us your name.
Again, John Simon, resident of 1350 Main Street.
Um I'm not I don't need the full five or five minutes or three minutes.
I just wanted to note for the commission that in a prior life and not too long ago, I was a nationally recognized expert in affordable housing, largely with respect to uh affordable housing tax or low-income housing tax credits, but also I I was very involved for 30 years in the business of affordable housing.
And the things that you're talking about today are are very uh clear to me.
Uh I dealt with a lot of projects where the attainable or the affordable limits were not much below market rate.
I've dealt with shipping containers, I've dealt with modular construction.
So I just want you to know if there's any way I can be helpful to the city, I'd be happy to do it.
Thank you.
Um round two, and we haven't cleared the board from before.
I know uh vice.
The mayor had more than she wanted to add.
I thought I did clear it.
I think these are second rounds.
Okay, so Commissioner A.
Her and Coch is next.
Okay, I just have a a couple here.
Um for the the discussion on parking reduction and uh not to be mixed with lot line setback reduction as well.
Um those are two conversations that um perhaps when we have this you know this advisory board reconvened again, for which we are I guess are going to be making an appointment soon for the advisory board applications.
Um what are your thoughts on those?
Um those are tools and there's angst over enough parking in the city, too much parking in the city.
We have angst over lot line to lot line building versus setbacks.
Well, I think that that's item set six, seven, six and seven.
Um I think with respect to the parking, as Mr.
Cobra mentioned, when you're talking about structured parking, those costs can be you know, probably 40 to 50.
I don't know if 30 is even repeasable any more of space, 40 to 50,000 dollars a space for structured parking.
So when you're talking multifamily, that does make quite a difference.
Um I think with respect to um setbacks and lot area, that really I think for us would be probably the next thing that should be reviewed.
That's probably one thing we haven't, other than the missing middle that's in Park East right now, something that really hasn't been explored too much, and you know, there's some thoughts on that.
We have a lot of um RMF uh zone properties kind of on the perimeters of of single family neighborhoods.
Would it make sense to look at those, you know, lot sizes for our an RMF uh zone parcel and maybe reducing that to help facilitate uh a duplex, triplex, four flex, et cetera.
Um but I think for us that's something we should you know, we we'd like to like to look into.
I know there's some other examples around the state, other local governments that have that have done that have done this.
Um and I think you know, again, it has to be the right area.
Certainly we're sensitive to that.
It's not gonna work everywhere.
Um but I think you know, finding those right areas and and seeing if this is something that that could be achievable uh is at least worth considering.
Okay.
Um and then building near transportation hubs and employment centers.
Uh you know, I mean, we know that the hospital is a big employer.
Um each time we ask them to consider making affordable housing a piece of their project, they they decline that.
Um you know, and they are on a corridor.
So I mean the good news is with the urban mixed use, the the land use is in place along the South Trail.
If someone wanted to come in and rezone to urban mixed use and and provide affordable, attainable housing, the ability is there for them to do so.
Yeah, okay.
And and then the the um transportation hubs as well.
I mean, it's basically for us, it's downtown Sarasota.
I don't know if we have any other quote unquote hubs other than that.
Uh but you know, thinking along those lines of where maybe you have we have work with the county on popular SCAT um, you know, bus stops, obviously.
Well, we have 99, which is along the North Trail where we've got the urban mixed use.
But I think to that idea you're having you know, with this, you know, a lot of the the density in the downtown with respect to attainable housing in the reduction and parking.
Some folks, you know, maybe they choose to to walk, you have the transit, you have your ride share, you know, you're in downtown, you can walk to most things anyway.
So you have that that nexus there, you know, where it does you know seem to make sense, you know, not everyone's gonna have a car uh in the downtown.
You can get away with not having a car these days in the downtown.
Yeah.
Um yeah.
And then um the last uh uh uh towards the end of the um packet is the recommendations.
That's um 12 is other, I believe.
Um can it says there the recommendation is to consider uh mandatory, which what I would probably say voluntary inclusionary zoning, because I think that's old text.
Um and inclusionary zoning uh options.
So you either build the units, you um do a multiplier, or you uh uh pay a fee.
Um was there any more discussion from the uh committee on on that aspect?
There really was, and I think you know the the caveat there is consistent with state law.
Um consider mandatory inclusionary zoning that is consistent with state law and you know what the state said is yes, you know, you can allow it, but you have to do XYZ.
Right.
So um there wasn't to answer your question, yeah.
There wasn't not much discussion at all on that on that point.
It was more in the on more on the tax issue.
Right.
Right.
Okay, so but uh you know just for the future, I would I don't think we're allowed to do mandatory.
I think we're only allowed to do voluntary, correct?
That's correct.
Okay, so maybe change the wording to voluntary inclusionary zoning is a possibility.
Maybe this commission can discuss that at some point in time again and and and revise, uh revisit that um discussion.
And uh one last thing.
Oh, my time's up.
Thank you.
Um Vice Mayor.
Thank you.
Um so Commissioner Betty said take a vow.
I say not yet.
This is so difficult work we're doing.
And you know, I applaud you guys every day for the new ideas that you try to come up with.
We're all in this together, and nobody on earth has solved the problem.
So let us be the first as we continue to work together.
Um two questions.
I am very interested in adaptive reuse, and I don't hear much about that here in Sarasota.
Can you speak to it?
Certainly, I think as we were going through the commercial corridors and centers, uh zoning text amendment, we talked about some of these older shopping centers.
Could those be right for for reuse uh in converting them to to some form of residential if that you know if there's the ability to do that?
Um we certainly encourage that with historically designated structures.
Um we have the TDR program that helps facilitate that too.
So something that that that's supported.
I mean a lot of the times it's it's a private sector decision, but I think we have some tools in place to help allow that to happen, if they so choose.
So um in Salt Lake City, I saw about a 10-story building that had previously been a medical office building that had been converted into I think two and three bedroom apartments.
So that was very appealing to me.
Well, I think in and another example here, uh which we think is going to happen, the old county administration building at 1660 Ringling.
Uh there's certainly been discussion by the uh owner to look at converting that to, as you mentioned, some kind of some form of residential, maybe some ground floor or non-residential, but that that idea is out there.
Good.
Um and then the last thing I want to talk about is the tiering and the range of affordability.
I must say in Salt Lake City we saw a lot of it.
But I did not I do not recall hearing of one project that went up to 120 AMI.
80 is what I heard is a max.
And is there any discussion about us bringing our cap a little?
Yeah, I'd say two points to that.
First, having that mix allows the developer to make everything whole.
If you had every too many of these the table units at the lower end, it may be are from the pencil for numbers there.
But probably more importantly, now we're competing against live local.
So if we if we tinker too much, someone made you say, well, we'll just go straight to live local.
We can do everything at 120 percent and just go right through right to building permit.
So you have to you know weigh that as well.
Sure.
And as shown on that chart, you know, the different um professions, there's a need at all the different levels.
I mean, uh there's a there's a big need at every level.
Well, certainly the greatest is 80 percent or less, but 80 to uh 100, 100, and 120, there's there's huge needs, you know, in those areas as well.
So thank you.
Commissioner Batti?
Oh, yeah, uh uh, thank you, Mayor.
Um, you know, the Vice Mayor mentioned you know, Salt Lake City.
Did it it's the kind of a different makeup out there, particularly when you're talking about those numbers.
Um a very different makeup out there when I think before we got there, Carl Malone might have been only black.
But um that that being said, what can be done in terms of creating programs for say ADUs, let's say like in Newtown, you know, people have like decent sized lots, you know, and in the three four area code or whatever.
Um is there anything that we can do to to create something that to that people can get ADUs or currently ADUs are allowed throughout the city, yeah, with the exception of a couple locations.
Um I think one of the big things is you know this this discussion with the county uh on saying, hey, can we can we make some changes to these uh impact fees?
Because as soon as someone sees those numbers, saying uh I think I'll I think I'll pass on this.
So that's uh and then another idea uh so long as we flushed out a bit.
Um what if we had you know maybe out of three ADU designs of someone that you engineered, you get to bring it in, here you go.
Is that in the that saves some money obviously on cost of design?
So something that we may look to partner with uh maybe it is an arch architecture school that might want to partner with us to have a design and maybe three different types of of ADUs that you just kind of flooded black.
Exactly.
That's what I'm talking about.
Something that's kind of like turn key that you can just uh put with the whatever, but um again, you know, thank you all very much, you know.
Take take take a bow.
Commissioner Alpert, do you have any questions?
I do not, thank you.
Thank you.
Um boy, I I just had one and it flipped out.
Oh, yeah.
Um we frequently hear uh the uh AMI levels and questioning whether or not we want to go up to 120, or people say or disparaging a market rate, and if you consider market rate is anything, and in many of our minds, market rate is the super luxury that we're seeing built along the bay front, and people who are moderate and middle income may say, well, I don't qualify for affordable attainable, but I sure can't go anywhere near those super luxuries.
So my question is, is there any effort being made to understand exactly what the income distribution of the households in the city are and also what the price distribution is of the housing units in the city?
Have not performed that research.
I mean I know there's data out there.
Um we certainly can drill down on that.
Because I would think having that information, again, we're going back to data-driven decision making.
Having that information might be useful and would also help us be guided by, well, gee, maybe we do need more at the 120 level, or you know, the we don't have the information at this point to necessarily make good decisions.
Yeah, and the Florida Housing Polish, they do do that kind of research, although it's usually at the lowest level, the county level.
Obviously, the county is different than the city.
Um, you know, we I mean the information we've received from them is obviously the 80 percent or low or lower is the big need, but there are needs at other levels.
Um yeah, that's that's an interesting it it would be useful, and I did the beginning check by going online and getting information for the city that was based on uh the census.
So it's out there, and I suspect that the realtors could give you uh the distribution of the price of properties in the city.
Um the and and I'm gonna draw a blank on my other thoughts.
So thank you very much.
Um who had more questions?
Okay.
So do we need a motion at this point of any sort other than to thank you for this information?
I would I would defer to interesting managers he needs on this.
Well, Madam Mayor, I think several suggestions, recommendations, and yet unanswered questions were put out on the table.
So let us uh take that and chew on that a little bit.
And there uh let's think about an update at some point, give us a little time to do some work and maybe a quick update at some point on what we were able to address that is still on the table.
Thank thank you very much.
Thank you.
Thank you for your time and your information, and I'm looking at the clock, and it looks like approximately 12.07.
The official Apple time is 12.06.
How much one how about one fifteen?
So we will take a break for lunch until one fifteen.
Welcome back to the December 1st regular city commission meeting.
We're going to start with legislative public hearings agenda item 10.1.
But before we do, I'm going to call upon the city auditor and clerk to administer the oath.
Okay, just a second here.
Let me get some nice stuff.
All those here to speak at a public hearing today, please stand and take your oh.
Apologize.
I wasn't already ready myself.
Okay.
Do you swear or affirm that the evidence or factual representations which you're about to give or present to this commission during any public hearing held this first day of December 2025 or truthful?
All right.
Thank you very much.
Thank you.
I am going to open the public hearing on proposed ordinance 25-5572.
Do we need to?
No.
Okay.
Can you ready for me to go ahead and read those?
Yes.
Okay, thank you, Mayor.
Ordinance number 25-5572.
An ordinance of the City of Sarasota, Florida, amending the description of the purpose, powers, function, duties, and authority of the downtown improvement district to correspond in align with the description of saying found in the downtown improvement district strategic plan, an amending and restating ordinance number 08-48-32.
I'm sorry.
Repealing ordinances and conflict provided for reading by title only and providing for an effective date.
Thank you.
Good afternoon.
Good afternoon.
Good afternoon.
Julie Ryan, Business District Manager for the Downtown Improvement District.
And I am going to give a brief presentation of the changes to proposed ordinance 25-5572.
So first, a brief history of the downtown improvement district.
So back in August of 2008, an ad hoc committee of downtown commercial property owners.
In November 17th of 2008, they actually had the adoption, which established the downtown improvement district.
From there, it allowed the city commission to levy the two mills to each of the commercial property owners within the district.
Since then, there's been three minor amendments to the enable an ordinance.
In the third, as recent as 2023, which clarified the eligibility requirement for board members.
This just depicts the boundaries, primarily 2nd Street up to Goodridge, Ringland, and Coconut and my drawing a blank.
Goodrich.
Good.
This just tells you we're about 84 acres, which is point 12 square miles.
There's about 185 individual parcels in the district and about 158 ownership groups.
Within there, there's about 634 businesses that employs about 5600 employees.
Also within the district, this should actually say 21 for 26.
Over the course of collecting that two miles 2010, it did take an extra year and a half to actually start collecting the funding.
So in 2024, there was some legislative changes to special districts.
It started with House Bill 7030 that was enacted in April of 2024 and went into effect in July of 2024.
And basically, what it then required is for each special district, they would have to then define clear goals and objectives, set measurable performance standards, and fund an annual report every December 1st, which is today.
So these will be the characteristics that you will see rolled up into the proposed ordinance.
They also redefine their mission to create a vibrant and competitive, thriving downtown that attracts and retains businesses, employees, residents, and visitors as a self-tax in district of commercial property owners.
They strive to elevate downtown Sarasota as an exciting place to live, work, visit, and invest.
So they actually the board unanimous unanimous unanimously adopted the plan in September of 2024.
They presented it to the city commission in October, and this commission or the commission accepted the plan.
After the plan was accepted, came looking at the plan and the 2008 enabling ordinance and deciding how that ordinance needed to be changed in order to meet the new goals and objectives.
So in May of 2025, the DID received permission from the commission to work with the city attorneys to develop a new proposed ordinance.
So the first part since 2008, the state statute has changed.
So we have updated the first section, the creation of the district to reflect that the detent dependent district of the Florida statute has changed.
The next section, which I mentioned before, the purpose powers, functions, and duties.
You will see this first section incorporates the mission statement of the district, and then in the next following areas, you will see those five focus groups mentioned.
So again, the first now focus area for the board will be the economic vitality, which its objective is to enhance the property values, foster a high competitive urban core, and building a vibrant commercial environment.
Then you'll see all of the activities underneath correlate with that economic strategic goal.
The second is advocacy and partnership, and this objective is to provide leadership and act as the primary advocates for the commercial property owners in the district to bring stakeholders and decision makers together and to effectively communicate.
So again, you'll see a lot of the action items under this goal correlate with those in the strategic plan.
The beautification and placement objective is to drive uh street level vibrancy, improve public spaces, and reinforce the district as a unique and memorable regional destination.
The marketing and imaging objective is to promote downtown as the regional premier destination for businesses, the arts, entertainment, shopping, and dining that elevates the vision through innovative and effective marketing.
Clean, safe, and welcome objective is to work with the city to expand and explore innovative technologies and to promote a safe, clean and maintained environment.
This next section was added to ensure that the board regularly maintains their strategic plan and updates it as well as adheres to the state statute and make sure that we present our annual report.
The next section that went through a little revision is section four, which is the authority.
And again, this particular language here took a lot to not only include independent contractors, but also the ability to hire a city employee for any other type of need that the district may have.
Some of the other um sections here provide just clarity.
Um the one on F actually outlines more of a process when given out grants.
Um the previous language was more vague.
Now they have a process in place where it's an application and score and process and a grant agreement.
Um so it makes it more valuable to the district to make sure that they are um following their core values.
Again, more clarification language on some of these, um, and again updating language that has to do specifically with the strategic plan you'll see throughout.
And then finally, um this one is related to the marketing.
Um back in 2008, we didn't have all of the social media that we do have today, so this was just expanding on the ability to do those things.
Um with that, I will be happy to answer any questions.
Thank you.
First, we do have two members of the public who have requested to speak.
Ronnie Sugar and Jim Lample, if you will join us and you can stay there since it's just two of them.
And I will have to say Ronnie Sugar did have to leave.
Oh, okay.
So Jim Lample, you your request to speak.
And you have five minutes and up to five minutes.
Okay.
Miles.
I've been here before with other commissions.
Okay.
Jim Lample, downtown city resident.
14 years.
We love downtown.
We love Main Street.
We love the shops, the restaurants, the boutiques.
We love the ice cream stores.
I have a friend who is a quadrupegic.
This is what he and many others are up against, the struggle to get down Main Street because our former commission from a few years ago decided that five feet width between the building and the sidewalk, the clearance five feet was plenty enough.
And I had already showed seven and nine feet.
That didn't work.
This happens to be about seven or eight feet.
The five feet is where the person in the blue is from the right.
And I would like to suggest that we consider in the strategic plan opening up sidewalks so that there are passable, not just for regular ambulatory pedestrians, but also for our friends who are in wheelchairs.
They don't dare attempt this in the evenings.
And this is a typical, this wasn't even a Friday night.
This was about a year ago.
No, actually, this is a week ago.
So as you can see, there are sandwich boards and all kinds of obstacles clogging the area, and there's there's a buggy right there.
A baby buggy.
And there's also uh chairs that get pulled out.
So I think you've all seen this.
This isn't news to anybody.
Thank you, Miles.
Uh but this is terrible for pedestrians and for people who are wheelchair accessible.
So I would like you to in the strategic plan.
Please consider opening up Lower Main Street and giving them maybe uh to the uh curb of the planners.
If you look at the edge there where the main street sandwich board is, that's the start of the planter.
And I think that was the original intention when we re redesigned and bricked up Main Street.
Uh sidewalks that way.
Thank you.
Thank you.
Um so questions for uh Ms.
Ryan uh Vice Mayor.
Thank you.
Um, this wasn't one of my items, but uh Mr.
Lample, you know that I lived for 10 years pushing my husband in a wheelchair, and half the time, instead of struggling with what you just showed us, we'd go back home because we just couldn't do it.
So I hear you.
Um questions start with a comment.
I think the five focus areas are a great addition in helping the did guide their decision making and spending.
My questions are um number one.
Um maybe this is for the city attorney.
Um in section four, page twelve, items K and L says that the DID may lease her own property and may borrow funds.
Does any of this encumber the city, or could it encumber the city in any way?
I can city attorney, I think that's for you.
Yeah, I'm actually gonna call up uh Bob Fournier.
He worked on this project for me.
He's got a lot of historical knowledge.
Thank you.
Bob Fournier, former city attorney now retired, and did work on this.
I think that what it would encumber would be the additional two mills.
So and the and the the uh did has perpetual life until it's terminated by ordinance.
So what they could pledge or the funds that they would have control over would be the two mills that they receive annually.
So to that extent, yes, because that budget goes through you, but it would be confined to that two mills that that goes to them.
Thank you.
Not beyond that.
Not beyond that.
Okay, thank you.
Um answered one of my questions, and I think that's it for now.
Thank you.
Any other questions?
Uh Commissioner Albert, do you have any questions?
I do not, thank you.
Um did you want to do it?
So no more questions then.
Uh so was that uh you want another question or not?
No.
Okay.
So I will close the public hearing.
And ask for a motion.
Um I don't quite know how to word it.
I'll say uh move to accept the changes in the DID formulating documents.
Actually, since they're all incorporated into the proposed ordinance, you could just move to approve the first the ordinance on first reading.
Turn the page on.
And that's what I'll do.
Move to approve ordinance 25-5572.
And second.
Okay.
Move by the Vice Mayor, seconded by Commissioner A.
Hern Kotch to uh approve ordinance number 25-5572.
Um roll call vote?
Thank you.
Aaron Kotch?
Yes.
Albert.
Yes.
Betty.
Yes.
Ulrich?
Yes.
Trice.
Yes.
Uh motion carried unanimously.
Thank you very much.
Um the next item on the agenda is uh 10.2.
And that is public hearing regarding proposed ordinance number 26-5587 amending the code relative to the affordable housing advisory committee.
And calling upon Ms.
Anshoft and Mr.
Chaplain.
Chaplain.
For a presentation.
Sure.
If you don't mind, can I read the ordinance?
Oh sorry.
Thank you, Mayor.
I'll go to read ordinance.
Number ordinance number 26-5587.
An ordinance of the City of Sarasota, Florida, and meaningless Sarasota City Code.
Chapter 2, Administration, Article 5, Board, Commissions, and Committees, Division 2.6, Affordable Housing Advisory Committee.
Section 2-278.
Composition appointment terms of office.
Procedures provided for changes to this composition of the board and providing that all board members will now be appointed by the city commission.
Repealing ordinances and conflict provided for meeting by title only and providing an effective date.
Thank you.
Yes, uh, good afternoon, Ryan Chaplain, General Manager Planning Department.
This one is fairly simple.
We alluded it alluded to it earlier.
The county has now uh elected to receive the relevant ship allocation and also terminated the interlocal agreement that formed the joint committee.
So therefore we'll be having two separate committees, a county affordable housing advisory committee and a city affordable housing advisory committee.
Therefore, in our uh city code, it required some amendments in terms of the composition of that committee.
Um that's actually on page I think it's gonna be on page three of uh your backup material.
Um the underlying is the new language.
And as I think the clerk had mentioned earlier with the Drossy Boards, it can be challenging to try to find citizens to serve on these boards.
So one of the changes just providing a little greater flexibility in how members from the public can be appointed to this committee.
Um and again, that's those changes are highlighted there on the underline on um page um page two of the ordinance.
Um did you want to add anything or uh any members of the public wanting to speak on this one?
Okay.
Um questions from the commissioner here and cotch.
Um yes.
I think that they this the committee when it was the county and the city committee met, I think four times a year.
Three to four to complete is that prescribed in here that they meet three or four or it's not.
I think it's kind of on an as-needed basis.
Sometimes it may need to be more, sometimes maybe it's less, so try to keep it a little open.
Okay, so um, do we know what we're aiming for?
The three to four.
I mean, historically over the last few years that seemed seemed to have worked well.
Okay.
And will there be a joint meeting between the county and the city board eventually so that we're not on the letter prepared?
Yeah, I think at the previous or I think it was a November third meeting, there was some direction to have the city sent a letter, send a letter to the county uh requesting that because you know I think there was some benefit in even though they may have separate motions and votes, meeting collectively and sharing that knowledge is helpful.
Right.
Absolutely good.
I'm glad you've already uh predicted uh and plan for something like that.
Uh and my last question is um do we have a fur uh a meeting schedule set?
Is there is there any urgency to us appointing this board immediately?
Is there a uh January second meeting or something?
We typically start around April or May.
Okay.
But yes, there are prescribed deadlines for reporting and everything, so we try to work backward and meeting jointly.
We have to take into consideration the month that the city commission is off, and then the county commission is off a different time period.
So because we have an elected official from each body, if we try to um designate dates that allow everyone to attend, we do have to take that into consideration.
So we do need to plan ahead of time.
And is there a first meeting planned already for this board?
Well, tentatively, but we do want to hear the county's response.
So we no no no, I don't mean the joint board, I mean the city's board.
Not at this time.
I think the idea would be they if the county is uh receptive that we would be meeting collectively.
So again to Ms.
Simpson's point, there's a lot of coordination that has to be involved when you have you know roughly eight members on this committee, another eight on their committee, county, city staff, the room, so it's a lot of logistics to coordinate.
Okay, thank you.
Those are my questions.
Um Vice Mayor, thank you.
Um I know the committee is not convened yet, but are there any benefits or detriments that you anticipate to a committee that used to be joint with the county but is now on its own?
Any benefits or detriments?
I don't think so.
I mean, before we had the interlocal, probably pre-21, it was it was just that setup actually.
They they met together, but we did have a separate city committee and county committee with separate motions and votes.
So it's not like this is uncharted territory here.
Um so I I think it should be fine.
Okay.
I concur.
And really, as you heard this morning from Mr.
Chaplin, Mr.
Cobert.
The city has made great strides, and it's all reflected in that matrix, which we usually use as a guideline.
And so City is making great strides and will continue to do so regardless of whether we're meeting together or not.
Great.
Thank you.
Okay.
Uh Commissioner Alpert, do you have any questions?
I do not, thank you.
Thank you.
Um I wanna ask you because uh see if my recollection of the discussions at the last meeting are correct.
First of all, to my knowledge, we have a couple of m people who are members of both the city and the county committees.
So meetings separately would impose some sort of uh you know complication in their lives having to attend two separate meetings.
So my understanding also was part of the discussion at the last meeting was speculating that we would have a single entity but vote separately.
Is that your understanding of what we might have suggested?
Along those lines, I mean I would say it's still technically two entities meeting jointly or collectively, uh, but again it was separate motions and votes, separate meeting minutes, etc.
But but at least being able to share that knowledge of everyone in the same room.
Yeah, thank you.
And and you mentioned the county commissioner.
Would the county commissioner be on the city's committee?
No.
Okay.
That that was one of yeah, but well, that was what was confusing me, whether or not we had to guess that they desire to join in with our meetings, they're welcome to.
Okay.
So uh, and you just said uh you anticipate the first meeting, maybe be in March, April time frame.
So does that mean that we don't necessarily have to rush to fill the committee today?
Not necessarily.
We always like to start ahead of time preparing for the meeting.
So the first meeting will be April to May, most likely.
Okay.
Thank you.
Um that that is um that was the last of my questions.
Any other questions?
Okay, so I will close the public hearing.
And thank you very much.
And ask for a motion.
And move approval of ordinance number 26-5587 on first reading.
Second.
Okay, moved by Commissioner A.
Hearn Cox, seconded by Commissioner Batti.
Is there any discussion?
So may we have a roll call vote.
Thank you, Mayor.
Alpert?
Yes.
Betsy?
Yes.
Ulrich?
Yes.
Trice, yes.
Aaron Cut.
Yes.
And motion passed unanimously.
Um, which brings us now to the board appointments that we had moved.
So we are doing uh I agenda item 8.2 appointments to the Affordable Housing Advisory Committee.
Uh oh, sorry.
Sorry.
Um I was ready to move some appointments.
I have a question.
Actually, and if we don't mind, can we have Miss Imshaw come back down just in case she has an answering questions for you all regarding this?
Thank you.
And we do not have anybody signed up to speak.
And um, so I I guess Commissioner Ahern Koch is Yeah, I just had a question to the mayor's last point about appointing this board today.
Um I am so thrilled we had four people that applied for this for because we have four spots and you know it's it's wonderful that they've stepped up uh and and volunteered for this board.
But I'm wondering if we should not hold off for a little bit longer, continue to advertise it to see if we can get others to apply for this board.
And we do have great candidates, but I'm I'm I'm wondering if there's not wisdom in us just waiting and re-advertising and seeing if we can get some more uh people to apply.
And I'm curious of the commissioners, other commissioners' thoughts.
Um experience in this area is really important.
And I think we should appoint all four who've applied.
I don't know why we should wait.
We have four good candidates that have applied, so why are we saying we should wait and not appoint them?
I agree.
I agree with that.
I think the four candidates we have are with each person would bring something to this committee.
I spoke to two of them, and um I was thrilled with the qualifications they would bring to the job.
There are three remaining vacancies, and if we don't have these open these four open spots, it would give us time to focus on those three areas where we need representation.
Do we have three remaining vacancies?
Well, you need a minimum of eight, correct.
You can have a maximum of eleven.
Right.
So with these four, if you approve them, we already have four excellent persons who are serving, and the four who have applied, that would bring us to the required eight.
So could we then continue to advertise to get more can't more uh to fill that board with for three more spots.
I'm asking because the vice mayor just mentioned that we have three more spots.
So I just want some questions.
When I saw the empty spots on the table.
Presumably, yes.
I don't that isn't usually um, we have usually done it on an annual basis, so I don't know that there's any reason why we could not.
Yeah.
I I I uh I have a concern and I would really like to advertise a little bit longer.
Uh one of the individuals who applied is a county resident, not a city resident, and does not have any active uh engagement in the industry in affordable housing currently.
Um so I and I said, gee, you would probably be an excellent candidate for the county's a hack.
He said, I didn't know they had one, so I did suggest he applied at the county's affordable housing uh advisory committee.
So um, yeah, I I just have a concern about an individual who is not a city resident, does not have any active city uh experience, actually experience in the industry was in Lee County.
So you know, I didn't think that that would be the best person best fit while we have time to advertise for additional people.
So um I think uh some understanding and experience, not that everybody can't learn, but uh a certain level of experience and understanding of this area is kind of important.
Um what it means.
What we've done in the past in the city over the last 40 years, efforts we've done, things that have been successful.
I mean, when we here at this commission table discuss this, and we're all familiar with the acronyms and the vernacular and the history and you know the issue and the problem, and we go to conferences, we still get confused.
And so it's it's not a simple issue, it's not a simple problem.
And um what we're looking for, I think from this advisory committee is people who have experience in it throughout the the state, the country, the area, the region, and can offer that level of expertise and that that um you know background to say, well, you know, we tried this here and that worked and this didn't, and uh that's sort of what you know what I was looking for in an advisory committee, some level of knowledge and expertise that we could lean on and use to guide us.
And you know, it's so nice to have so many people step up and volunteer.
And I will note that you know there are some people on here, for example, um Mr.
Saunders has he I think fulfills two of those requirements at least um the one he's in and the you know the citizen uh represents employees you know within the jurisdiction so you know he can those three other spots he can fill into some of those Mr.
Eller as well offers you know multi-category experience but you know we as a commission we really do and I think city staff as well we really do look to this board to be you know experienced in this area and in this field um so you do and I will say that they do not all have to be city residents that's why but that's what we just passed actually the the the ordinance we just passed said they have to be city residents.
Well what we have in there if I I'm reading it correctly is actually that they have to be a city resident or they have to be engaged in business in the city.
So we're trying to one if one of our applicants is neither so that was my concern.
But um yeah so Mr Chapter I was just gonna say if you like Ryan Chapterlinal manager planning department I can read the change that just occurred in the the ordinance um it just says all members must throughout his or her term of office be either residents of the city of Sarasota or residents of an entity with offices and facilities in the city of Sarasota or conducting business within the city of Sarasota.
One of our applicants isn't so that was my point.
Well I I'm not aware of that because I know that the banker and one of the um applicants they both have been intimately involved with habitat for humanity they conduct business within the city of Sarasota and also there's a for profit developer who's planning on doing a low income housing tax credit project in the city of Sarasota and then Mr Eller is with the community assisted and supported living and they do projects within the city of Sarasota so all four of them the the person one of the people you're referring to is retiring from the board position of the habitat of habitat so we'll no longer be actively engaged and his professional experience was Lee County he is a county resident.
So that was my concern and are you aware of whether or not John Harney who's on the current AHAC had any interest in applying to be on the city AH I had not heard that he I had not heard from him.
Okay so he would be an excellent person if you know we got an application from him may I say um I could be swayed to uh hold off on the appointments um there are so many people who we'd have time to talk to and bring them on board or make them you know one of our choices I see we have a couple of options one we could have a motion first of all whether or not to postpone and we could have a motion to just go through them individually to vote affirmatively onto the um the committee so should I I would entertain a motion whether or not to postpone the appointments to a later date.
Madam Mayor uh I believe Commissioner Petit would like to speak but I I'm prepared to make a motion to postpone yeah yeah and I mean I had to say mayor was I just wanted to make sure you know you know to your comment on whether or not someone is conducting business in the city.
That that that's accurate or whatever just because they're going off of the the um uh habitat for humanity board or whatever doesn't necessarily mean that they don't conduct business in the city that was part of the interview process but well I mean that was the point he has they have been working in the city frequently and he has been an active board in that just as Mr.
Harney is from you know Collier County so that's where all of his experience was with habitat.
Okay.
So people do have a history of that.
Yeah yeah so um I would I will make a motion that we postpone uh to try to um and put this out for for additional applications.
Um continue to um advertise and collect.
And if we get none, we get none.
You uh you all okay with that.
Yes.
Okay.
So I'll second that.
So motion by Commissioner Aher and Kutch, seconded by the vice mayor to uh continue the appointment board appointments to the AHAC uh did we say a time certain a month for you think that's sufficient?
Yes, sure.
Okay.
For for a month in order to uh advertise for it.
Okay.
Um we have uh motion on the table, uh roll call.
Okay.
Um Aaron Kotch?
Yes.
Alpert.
No.
Betsy?
Yes.
All right, yes.
Trice.
Yes.
Uh motion passes 4-1.
Thank you very much.
Um we are now back to legislative public hearing.
Uh this one is 10 3.
And this is the sound ordinance.
Um is there do we need to administer the oath again or is everybody sworn?
Is there anyone here who hasn't received an oath to speak at his public hearing?
At least stand.
Anyone else that plans on speaking at any public hearing?
Okay.
All right.
Anybody else?
There you go.
Keep your knees.
All right.
Do you swear or affirm to tell the truth that this public hearing held held today?
Okay, thank you.
Thank you very much.
And I will uh open the public hearing on proposed ordinance 24-5518, and ask the city auditor and clerk to read the title.
Thank you, Mayor.
Ordinance number 24-5518.
An ordinance of the City of Sarasota, Florida amending chapter 20 of the Sarasota City Code, sound regulations to simplify and facilitate enforcement by clarifying current section 20-5 regarding sound and excess of specified decibel limits by eliminating amplified sound as a separately regulated category of sound, by eliminating the destin distinction between continuous source sound and impulsive source sound, and by substituting a distinction between outside source sound and inside source sound by stating a time when all outside source sound must not exceed lower maximum decibel limits by adding a plainly audible standard for violations between specified hours at a specified distance from the source of the sound by updating, deleting, and modifying certain definitions provided for the servability of the parts or of if declared invalid, providing for the re repeal of ordinances and conflict, provide for reading by titler only and providing for an effective date.
Thank you.
And Mr.
Polzak, would you like care to make a presentation?
Sure.
Thank you, Mayor, Vice Mayor, Commissioners.
I'm actually going to call up Bob Fournier on this one too.
This uh the revisions to this ordinance date back to uh Mr.
Fournier's term as city attorney, uh much of which was accomplished during his term, and this was essentially the last set of revisions that were attempted to be done.
Uh they've been tweaked a little bit.
We've got a lot to discuss here today.
I'll let him kind of get into a brief introduction.
Okay, good afternoon, everyone.
Uh again, uh Bob Fournier, immediate former city attorney now retired.
And as Joe said, um I was extensively involved in work on the SAND ordinance for many years prior to my retirement.
And in fact, this uh same ordinance was before you in January of this year.
So uh we both after we talked thought it made sense that I come back and and spend some time on this presentation and I've given it some thought and hopefully can cover the points that will be meaningful to the people who are interested and want to talk and hopefully explain to them why some of the things were written the way that they were.
Uh we had made a lot of progress, I think, by way of background in the beginning of uh 2024.
I had presented a plan and said, you know, part of the problem with this was this ordinance covers such a wide broad array of topics that you'd start to talk about one thing and you know inevitably people would have comments on another.
So I suggested a plan to adopt four ordinances, and we have gotten through two of the four in 2024.
The commission adopted an ordinance because the state legislature acted finally to amend the statute to take uh sound emanating from motor vehicles out of our ordinance and return that to the statutes.
And you may also recall you passed an ordinance to transfer the enforcement jurisdiction from a county court to the special magistrate, which for reasons I won't get into, I think was desirable.
So the other two items that I wanted to address were the uh change of the structure or the organization of the section that limits uh uh decibels that sets the maximal decimal limits and to add a plainly audible standard.
And we were going to do these separately, but then decided when time was running out to combine them into one ordinance.
So today is uh still first reading.
The first reading on this ordinance was actually January 21st of this year, 2025.
Today is the second public hearing for the first reading.
So even if you vote today, this would have to come back for second reading.
So I wanted to make that clear.
Now, although I do believe what's proposed is uh a step in the right direction, if you will, I have to say at the outset that I don't think it's going to fix all of the concerns that I've heard people express.
And I say I've come up with really three reasons for that, and I I think the first one is to keep in mind the primary purpose of this ordinance, as I've said before, was reorganization for greater clarity, uh, with the idea being that if more if it was more understandable to law enforcement officers, and from what I'm going to show you, I think you can understand their problems with it, we would get better enforcement, right?
That seems logical.
The second reason is some of these amendments that are required for this ordinance really cannot be undertaken absent the services of a consultant.
And I've defined three areas that I just want to say right at the beginning are going to require the services of the consultant.
Nothing that this ordinance does would.
But I think if you want to change these maximal, maximum decibel limits, you really do need the services of a consultant to do that for reasons that are related to the legal test for validity and the constitutionality of the ordinance that I won't get into.
The second area is you'll see many ordinances that have different sound limits for either different zone districts or different uses in the city.
For example, one limit applies to residential neighborhoods where there's all primarily residential uses.
I guess in Sarasota it would be RSF, RMF, perhaps some others, maybe DTN or something.
And uh some to commercial areas or industrial areas or there's very c Sarasota has one standard citywide.
It doesn't have uh it's not divided up into areas.
There's one standard citywide.
So that's the second reason, I think.
And then the other one I said uh just before, there's such a wide array of different topics that this encompasses that it's very difficult to get everything all together you know in here.
So there are actually 10 sections in the sound ordinance.
Um I'm sure people are gonna comment on other sections other than the ones that are addressed today, and that's certainly fine, but uh because they can talk on the ordinance, but this ordinance really addresses primarily three sections, which are 23, the definitions, 24 unreasonable sound, and 20-5, which is maximum sound levels.
And I want to focus on 20-5, which is the maximum sound levels in in what I say.
And I want to start out too, because I'm gonna be using a term uh just to facilitate reference, just for ease of reference to daytime hours and nighttime hours.
And what I'm suggesting that means is that there would be uh certain decibel limits that apply what in what I'll call daytime hours, and then another set of presumably lower decibel maximums that would apply during the nighttime hours.
And I I say that because I had uh, you know, now it's been to like a uh 11 o'clock is what's being enforced, and that's when the levels go down for uh outside amplified sound, and people have said, well, 11 o'clock isn't daytime.
I don't think anybody would argue that 11 o'clock is daytime, but that's not the point.
It's just to facilitate the reference, daytime hours, nighttime hours.
So I wanted to say that.
Now, Sarasota uh has traditionally regulated sound by applying maximum decibel limits to the sound, and that's all.
We don't currently have a plainly audible standard, and that would be something that would be added.
So I want to start out talking about the maximum decibels, finish that, and then move into what would be proposed to be added.
Um I want to say also, because people have complained about this.
I've acknowledged this before publicly that the decibel levels in the city code in Sarasota that are applied in residential areas and indeed throughout the city, I think would be considered high when they're compared to other jurisdictions.
They that they they are set high.
As I said, there's only one decibel standard uh that's applicable everywhere throughout the city.
Uh and I I I found out, actually, I did some uh some digging and some research, and I found out how that actually happened was uh back in the 90s when these uh the the sound ordinance was first worked on, it was in the zoning code.
And the maximum decibel limits only applied in what was then the C C B D, which is City Central Business District, in CBN commercial business Newtown, and in CRT, a commercial uh uh tour CT, CT, commercial tourist on the St.
Armin's Circle.
And there was a workshop in 2002, I believe, where the the planning director and that I think the uh there was a recommendation made to the commission to take those decibel levels uh out of the zoning code, put them in the city code, and make them apply citywide.
So you do have standards that were intended for those areas and now they're applicable citywide.
So by way of background, people say, how did this happen?
How did this happen?
You know, the commission didn't do it, I didn't do it, this was just done long ago, and I I I was uh, you know, wanted to share that history because I thought it was interesting that that's how this came about.
So to talk about what's there now, as I said, the proposed changes are based on the premise that reorganization and clarification of the language will result in more effective uh enforcement.
And so first I want to point out there are three distinct decibel standards and thus three distinct decibel measurements that can be taken in our code.
Any one of these standing alone, I think would be a violation.
First, there is a uh DBA measurement, which is when the sound meter is operating on the A-weighted scale, and that removes especially high and especially low frequency sound, and it's intended really to measure sound as you would hear it by the human ear.
Then there's the DBC reading, which gives more weight to low frequency sounds, and it's most often used to measure the base sounds that everyone talks about or talked about at the hearing on the uh special events.
And sometimes, you know, a low frequency sound is often as much felt actually as it is heard because of the vibrations.
And then there's another measurement that's taken which measures the difference between the DBA and the DBC.
And I guess this is done to another way to measure or control the base sound because the greater the difference, the greater the prevalence of the base low frequency sound.
So uh, and I I've looked at this, and uh virtually every ordinance that I've seen, the DBC maximum is higher than the DBA maximum in those ordinances where they measure the two, and I think that's just because there's two different scales and those very low frequencies aren't really uh probably not audible, and so the DBC would be higher.
I'm not an expert, I can't explain it much better than that.
But and then another point is the decibel level measurements, they're not on a linear scale.
It is a logarithmic scale.
So the differences between these numbers are not equal.
It's not a constant difference, it's a constant ratio.
So that uh 80 uh dBs is twice as loud as 70 dBs.
Each 10 dB is about a doubling, and that would mean then uh 90 dBs would be four times as loud as 70 dBs, and a hundred would be eight times as loud as seven dbs.
It it increases exponentially, in other words.
So I want to like maybe put up the current section here with some annotations in there to look at.
Now, this is just by way of illustration here, if you can see that.
Move it up a little bit.
Move it up here.
Yeah, because I wrote on it.
And to take you through that is it starts out with it it divides it into three separate areas uh the for the regulation.
And there's there's amplified sound, but it's amplified sound is regulated only when not in a completely enclosed building, and then only when it's in what I'll call the nighttime hours.
And then secondly, there's a regulation of what the code calls continuous source sound, and then there's a regulation of impulsive sound.
I've never seen a violation of impulse sound, impulsive sound.
That's like a gunshot or a firecracker or something like that, not a continuous sound.
And I'm not sure we that that's actually needed in the code.
And you can see that for continuous source sound, there's daytime hours and there's nighttime maximum decibel limits.
And but the uh the amplified sound, not in a completely enclosed building, is not regulated during the day, and people have made arguments to me that they thought therefore that meant that there were no limits on amplified sound during the day, and it really isn't clear.
So, you know, you you you put yourself in the position of a of a perhaps an inexperienced law enforcement officer, and I think it's understandable when you look at this, you can see that um you might have an issue deciding which section to cite somebody under.
And under the amplified sound, there are actually two different standards.
There's a citywide standard that is the amplified sound from not in a completely enclosed building is supposed to be lowered at 10 p.m.
seven nights a week.
That was the general rule.
10 p.m.
seven nights a week, that outdoor amplified sound, the maximum decibel level is to be reduced.
Then there was an amendment added for the city-owned property on the Lemon Avenue Mall, and you can see that there, they got an extra hour during the week and an extra two hours on the weekends and the nights before federal holidays.
I didn't want to go into the background on that, but we have to get rid of that distinction because legal concerns.
So one of the goals here is to take those two and to make it into a uniform standard.
You know, either one or the other or something different.
Now, uh as I said, the citywide standard is a uniform seven days a week at 10 p.m.
when outdoor amplified sound has to be turned down.
Uh and what's happened is since uh 2013, I believe, when this was all pointed out and we realized this was a problem in the code, the exception sort of swallowed the rule, and the later hours, the one hour later during the week and the two hours later on the weekends, are is what's being enforced.
And I've heard from uh many people who would like to make 10 p.m., which is in the code now the new standard.
And I would like to say that's certainly fine.
You won't get an objection from me on that.
It is absolutely lawful, but it is, however, a change in the current status quo.
And I was asked to fill in times in January because that was left blank because I perhaps naively thought after some discussion that the commission maybe could fill that in.
And so I thought it through and I talked about it with Mr.
Polzak, and I said, you know, I don't feel I have the discretion here to set policy.
I think the safest thing for me to do, you know, as a former city attorney, current city attorney then, is to just keep it at the status quo, which is why I filled in the later the 11 o'clock and the the midnight on the weekends.
But if you want to change that to something that's earlier, I think that is something that is within your legislative discretion, and the reason I fill that in was not due to any legal objection to the earlier hour.
So that's something that you need to discuss and debate and hear public input and decide.
And the continuous source sound and the impulse sound, that's a distinction that I don't think is really well understood in practice.
And the continuous source sound, you see that, but I think you see it in most of the older codes, and I think that's somewhat confusing because a law enforcement officer might think, well, you know, they stopped.
Is that how what is this continuous mean?
How am I supposed to how am I supposed to look at that?
So what I've done to illustrate how this maybe could be changed is to switch this continuous source and impulsive source to outside source sound and inside source sound.
Because we've got an attempt at outside source sound, but it's amplified only and it's only at night.
So when you do that, and I won't show you the text of the news section, but if you look at it, and I've got another visual aid here and one after this, this is just the simple version of this.
This is what the new ordinance would do.
You have the ability to put it into a diagram that's a perfect square that you can divide into quadrants.
And if you see the daytime hours at the top and the nighttime hours, and then you just go by outside source sound or inside source sound.
I think it becomes a lot easier to, you know, understand the logic of how maybe this should be set up.
And what let me just I'm gonna put the other one up here that has the times filled in and just sort of just put this up.
So these are the times that I had filled in because these are the times that are enforced citywide now that are applicable at the Lemon Avenue Mall.
But what the city commission has to decide today really are does should there be a distinction between Sunday and Thursday, Friday, Saturday, should it be seven nights uniform?
Should these times be as stated here?
Should it be 10 o'clock across the board?
What should these times be?
Now the decibel limits have been left alone.
These references here, let's take the the bottom two quadrants here for inside source sound.
I've cited the current sections where they come from.
That's uh 20-5a, that is a continuous source sound daytime hours, just converted here to inside source sound daytime hours.
And the same with the one in this quadrant here.
That's the current uh nighttime hour sound for continuous source sound.
And then here, this one in the upper right quadrant is the sound that has to be lowered for that now applies only to outdoor uh what is the code says amplified sound not in a completely enclosed building.
So I took that same standard, made it the nighttime standard.
So these three come from the code.
This one, there's no standard in there now for uh amplified sound not in a completely enclosed building during the day, as I said, that's only at night.
So I simply took this standard here for inside source and plugged it in there so that it would be the same for outside source during the day.
So that's where this all comes from.
And the idea here is that something like this, I think would uh facilitate a law enforcement officer's ability to understand what section they were supposed to use.
Now, these decibel limits could be changed in the future if you decide to move away from a citywide standard, you'd need multiple charts for different zones because it would be different.
But to reiterate, the issue that the commission should be focused on today, in my opinion, with this 25 are the times here.
And as I said, the reason I filled in uh these times that are on this chart was only to maintain the status quo because that's what's currently being enforced, and I didn't think that I should be, you know, advocating or instigating a change in policy.
So now to move to the plainly audible standard, if I could explain that, and if I run over my time, hopefully you can bear with me.
Um plainly audible sound is defined as a sound that can be heard by an officer using the officer's normal auditory senses that is their normal hearing facilities, but at a specified distance from the source of the sound.
I did add in the uh definition of uh plainly audible sound that the detection of the rhythmic based component of music was also a plainly audible sound.
So that is one change that has been made.
And a plainly audible standard in a sound ordinance would make sound that is plainly audible at a specified distance from the source of the sound unlawful.
Now, this is usually only after a certain specified hour of the day.
That's when you convert from daytime hours to nighttime hours.
When it when this kicks in.
Now I have seen, and there are numbers, I think there's still a minority, but there's an increasing number of ordinances that go to the daytime hours as well.
I'm not recommending that you do that today.
This ordinance doesn't do that.
I do think you would need a consultant for that because some of these ordinances, I don't know how you could have a uniform standard applied during the day, because some areas of the city, let's face it, are going to be there's going to be a lot more ambient noise downtown than say uh in Glen Oaks or in a residential neighborhood.
And I think that would have to take that into account.
So you'd have a lower distance in those areas where you would expect that not as much daytime ambient sound.
But at night, it's easier to do because I think generally speaking, at least, everyone thinks that it should be quieter during those nighttime hours.
So that's why this ordinance only has it at night, and again, you have to determine the time, and I want to address that.
Um, adopted a plainly audible standard do retain a maximal decimal limit standard as well, and they just put the uh plainly audible on top of that, especially if it's only at night.
So it supplements rather than replaces.
Uh, and but there are some jurisdictions that actually have converted, and some of a few have done it for a long time, that go entirely by plainly audible.
Uh but I don't think those use usually don't use a citywide standard.
So back to January 21st, uh, 2025, the public hearing on this ordinance.
Uh the city commission adopted two motions.
And so I want to go over those.
The first motion was simply to include a plainly audible standard in the new ordinance.
That's why this is here today.
As the commission moved to do that.
The second was related to two alternative ways to phrase the plainly audible standard that I had presented back in January.
And the Commission uh made a motion to select the first of the two alternatives that were provided to you in January.
I'm going to suggest that you revisit that today, or I'd like to talk about that because I think that ties in what happened, that happened at the end of the public hearing at the very end, and I really didn't have time to address it.
So I want to talk about that second alternative that was rejected in January, and that was based on the uh a case called DA Mortgage Company versus the City of Miami Beach.
And in that case, the U.S.
11th Circuit Court of Appeals, which sits in Atlanta, which is the federal court with appellate jurisdiction here, upheld the use of a plainly audible standard.
Can I go on, Dr.
For certain kinds of sound?
It's hard to estimate how long this is going to take.
For certain kinds of sound that was plainly audible between the hours of 11 p.m.
and 7 a.m.
seven days a week.
So we do have legal precedent, you know, in the 11th circuit, where we are, that a plainly audible standard, 11 to 7, seven nights a week, uh, you know, is viable, uh, is constitutional.
So you could ask logically, well, then why didn't I fill that in?
Well, I didn't fill it in because I wanted to make this point, and this was a way to do it to get people's attention about the two different alternatives here.
So I would suggest, and I'm going to explain why, that if you are inclined to go with that lower earlier hour standard of 11 to 7, seven days a week or otherwise, if you make it later on the weekends, that's fine, at a distance of 100 feet, that you model the ordinance that does that after the City of Miami Beach ordinance that was held constitutional so that uh you know, if we're sued, that my friend Joe here or whoever he hires will have the ability to use that ordinance as precedent, and I think it would discourage suit.
So if you to the extent you deviate from that, you make it more legally problematic to defend.
So there are two ways that this option to was different from what is in the version of the ordinance that you read that I want to explain.
And I took sort of a shortcut uh in explaining this before and in the written materials when I refer to it as amplified sound, which isn't really true, and it was an email I think from Mr.
Blanton that made me realize I had done that.
So I wanted to explain that.
That the first way, what we have in the ordinance, the text before you, which was the first option that you chose was any sound, plainly audible, whatever that sound is.
But the Miami ordinance and other ordinances that have been successfully defended against a challenge, refer to specific sound reproduction devices, so that it's not all sounds.
They enumerate those sources of the sound.
Now, some of them can be amplified, and I think that is a better way to do it.
So that's the first difference.
The second difference is that you have to say that when you hear the plainly audible sound that it is prima fascia evidence of a violation.
And this creates a rebuttable presumption of a violation.
And this is probably the most important reason, and I'll explain what that is.
And the reason I am advocating for this if you go with the earlier hours and the the uh lower distance measurement, is I think this reason is important because you have to remember largely the sound we're talking about is music, right?
And music receives First Amendment protection as a protected form of expression.
And so the legal test for the validity of uh a restriction on First Amendment protected sound is first of all, it has to be content neutral.
Nothing in here relates to the content of the music.
Second, it has to be the ordinance has to be what they call narrowly tailored to achieve a significant governmental interest.
Well, protecting people against unreasonable sound is a significant governmental interest, but the court is going to look and see how you have narrowly tailored that ordinance just to do that.
And when I read that opinion, it's it's strong, it's stated right out that I think that that was a very important part of the reason because they did it as a rebuttable presumption.
So I want to show you what that means by reference to well, let me for the first example.
Let me, the City of Miami ordinance, and this citation was given in 2001, so I don't know what this uses.
Rather than saying all sound, it says the using, operating, or permitting to be played, used or operated of any radio receiving set, television set, musical instrument, phonograph, or other machine or device for producing or reproducing sound, and then goes the operation of any such set, instrument, phonograph, machine or device between the hours of 11 and 7 at 100 feet.
It spells out those sources of the sound.
And so I think that would be important.
And then the prima facie violation, and there's a way to do this too, and which I'll explain.
I have some rewritten language.
A prima facie case means you've put on that evidence that's sufficient to prove the case, but the person that's cited the respondent in this case can conceivably come back and offer a counterargument or other evidence that might result in a finding that they shouldn't be in violation.
And I'll explain that in greater.
But this is the language that you know I would propose in case of what in place, rather, of what's in there.
And it says whether or not the sound exceeds the decibel level set forth in subsection A above.
So that means even if it doesn't violate the decibel levels after this certain time, even if it's plainly audible, it will be unlawful for a person to play or operate any of these devices that are listed.
You enumerate those rather than making it applicable to all sound.
And plainly audible is defined in the chapter, at a distance of a hundred feet or more in any direction from the real property line of the generating properties between 11 and 7.
If you want to do this, my recommendation is to do it this way.
And then this is the operative sentence.
The use or operation of any such device in such a manner shall be prima facie evidence that the plainly audible sound is excessive noise as defined in this chapter.
Now excessive noise is defined in the chapter, and what that would allow would be say someone is cited, and if the officer testifies that they heard the sound after 11, that it was plainly audible at a greater distance than a hundred feet from the source, what you have in there in the code section that deals with unreasonable sound, which has now been changed to excessive noise.
I'm not sure if that's a better term.
We may want to go back to unreasonable sound.
But it would kick in the ability of someone cited to argue to the magistrate that they ought to consider some of these things in item B.
It doesn't mean that the case isn't proven.
They may not do that.
But they would have the right to say, come in to say, as an example, it was in a residential neighborhood and they were uh the the parents were out and left the kids at home or something and they were playing a uh had a party and you know they came home at 1130 and it was only a half an hour.
So well, they could come in and say, you know, the frequency, the the intensity wasn't that great.
I maybe you want to add 12 here is the number of complaints.
But you could argue back and forth here, it doesn't mean, and see that's how the federal court thought that this made the ordinance more narrowly tailored.
So that what their concern is is that you prohibit sound that uh should receive the First Amendment protective, that you go further in prohibiting sound than what you need to protect your residents from unreasonable sound.
So if you want to do this, I suggest that you use the language that I put up here or something substantively similar.
I mean, that could be tweaked.
Did you want to say this again?
Yeah, no, can you move it up because the one is there you go?
Thank you.
Sorry about that.
So there's 11 things there now.
The only one that I think maybe is missing is the number of complaints.
Because, say if it's a first-time complaint, somebody might convince the magistrate, well, this won't happen again, it only happened once, or something like that.
But if there's that can cut both ways, if it's the third, fourth, fifth time, then the magistrate is going to, you know, make a finding that there's a violation.
So this is what the the 11th circuit thought was necessary to have the ordinance be uh what they refer to as narrowly tailored.
And when you look at, I had a list of uh six cases that I had found, uh, you know, lots of cities will adopt this standard in one or another way, but I was more interested in looking at the cities where there had been challenged where that they had been sued and there were allegations that it was an unconstitutional restriction on the speech.
And when you look at those, I found six cases and I listed those, it's in the backup materials, and I went back and checked, and all three of the cases where the ordinance was upheld did it this way by enumerating the specific sources of the sound and creating a revivable presumption of a violation so that you know the prima facie case can be made, but the respondent may come back and may have a way out.
And there are other examples of that.
That's very common in uh in employment law, employment discrimination law, where the prima facie case the plaintiffs makes is I'm a member of a of a protected group, and um I get the protection of the law in this regard, and there was a uh promotion of position open and I didn't get it, and and then the defendant can come back that the employer that sued and say, well, you know, your attendance record is rather spotty or there were complaints against you, there are other things that mitigate you know that finding.
We have it now actually in the vacation rental ordinance, where uh if you advertise for a greater occupancy than what the limit is in the ordinance, uh it create it creates a prima uh fascia case of a violation, but the property owner come back and say, Look, these are my leases, notwithstanding that advertisement, I'm only leasing it to 12 people in accordance with the ordinance.
So that is what I think you need to do to, so that the ordinance is narrowly tailored.
So once again, I I put in the ordinance um midnight, an hour later, and uh and at a hundred and fifty feet.
And I did that because I wanted to illustrate the distinction between the two choices.
Uh, you know, later.
And so that explains why I did that.
And I it's not that I have a legal problem with the City of Miami Beach standard at eleven to seven at a hundred feet.
It's just that if you do that, you need to do it in a certain way.
So hopefully all that's clear, and I think that's all I wanted to go through.
So I'll sit down.
So I'm going to suggest we take a break at this point and come back at two forty-five.
The December first session commission meeting is back in session.
And it is now time for public comment on the proposed sound ordinance and I will call out the first five people.
David Lowe.
Jim Lample.
Stephen Martinucci.
John Simon.
John Harshman.
Okay.
Yeah.
Huh?
Sorry.
Okay, David Lowe.
Good afternoon.
And first I want to thank Mr.
Polzak and Bob Fony for the work you put into this, along with a number of residents, Peter Blanton and Linda Sloan, and the list goes on, but it's been a lot of input and research on this.
Thank God for ChatGPT.
And I find myself speaking as a resident here with so many points.
And I am speaking as a resident today because of getting discaboard approval with so many reports would be impossible.
I want to start with a quick story.
I'm reminded of Mayor Trice and Vice Mayor Kathy Kelly Alrich.
Talking about wanting to make decisions with more data and more uh information and more facts as part of the decision making.
And I certainly would say that I think with the work that Bob Fournier and everybody has done on this, we've looked at uh legislation around uh the state, and I think that's been very helpful, and I hope that can be the basis of some fact-based um reasonableness here.
Um if you know me, you know I treat spreadsheets like coffee.
I need at least one every morning.
And what I am showing you today is exactly that.
The good news is that it's a one-pager.
And you will see the one pager on the overhead.
It tries to outline uh in simple form where we are currently, what has been proposed by staff, and some minor recommendations that I think I have.
Uh first of all, I think that the intent here is to get something done.
This has been being discussed, and what we may come up with may not be perfect.
But number one, on the decibel levels, I think it's clear that Mr.
Polzak and Mr.
Fournier are saying without a sound expert, fixing those could be problematic.
So let's stay with what Mr.
Polzak and Mr.
Fournier have recommended for now, subject to a sound expert providing us some additional uh advice.
Uh as far as the hours go, one thought here I've shared, and that is the special events ordinance, which you will be considering sometime, hopefully in a month, has a nighttime end at 11 o'clock.
What if we kept everything consistent?
11 o'clock, it is seven days a week, with the exception of New Year's Eve and maybe 4th of July.
Uh that would move the uh 10 o'clock exemption up to 11 o'clock, so there would be more flexibility there, but the midnight one comes down to 11.
Simple is potentially good, and it seems like Mr.
Fournier feels that that has been uh sustained by the courts in Miami.
Um the other key thing that we hasn't been discussed is the vehicular noise issue.
And I think that what I hear anecdotally is in addition to music noise, so is to speak, that that and and the addition of the reving stipulation in here, I think is uh hasn't been talked about enough.
And needs is a real opportunity to kind of like almost a DUI checkpoint where you have from time to time noise checkpoints for mufflers or excessive rev uh revving on Main Street 41, whatever, and I think that that would show the community that some of these noise things are in practice actually working.
And make the fines on the uh reving uh maybe a warning the first time, but the second time it's 300 bucks, so you get somebody's attention.
So I think you know this uh proposal adds plainly audible, sets maximum daytime levels, simplifies the ordinance, and recognizes uh reving as a source.
Um the modest change the changes here are reasonable and with a couple tweaks, maybe moving it to 100 feet instead of 150 feet, which I've outlined.
I would personally support moving this ahead through the process.
Uh again, it's complicated.
It's not going to be perfect, but I think that what is uh Mr.
Polsar to his credit and Bob's, they have taken input from the residents.
I will say a lot of residents aren't going to agree with what I'm recommending, and I get that.
Tequila.
Thank you.
Thank you to our world.
Thank you.
Mr.
Lample.
Thank you, Mayor.
I am Jim Lample, downtown resident, 14 years plus.
I am authorized to speak on behalf of the Jewel condominium, which is at the bottom of Main Street, right above Gulf Street, which is on Lower Maine, of course, and greatly impacted by the increased noise because we live downtown.
We walk downtown, and we purchase retail from retail shops and restaurants, and of course, services, lots of services.
And we're part of the downtown condos that pay millions in tax dollars and help support your salaries.
So we I think we have standing.
Indulge me for a minute.
This is cruising Main Street almost every night, and of course, Fridays and Saturdays are worse.
You're only hearing this at about 70 decibels.
We hear it on the sidewalks and the street at about 90.
Ultimately this.
I have two and a half more minutes.
Now you have some idea what it's like to live downtown.
Thank you.
I could just use words, but I think to hear what people hear downtown, and not just people who live downtown, but people who visit downtown.
If you're walking down the sidewalk with your family, you have to endure this.
Okay.
What we're asking for are just reasonable sound restrictions.
That's the only thing that'll work.
Also, I would suggest, and I'm curious why Chief Trochet isn't here to talk about what is enforceable for his staff.
He's the missing lake here, if he's the law enforcement agency.
So we're pleading, we are pleading for your help in this, Commissioners.
Thank you.
Thank you.
Um, I know you know I am not Steve Martinucci, nor have I ever been, will I ever be Steve Martinucci.
But he had to leave to go to a doctor's appointment, so Sheila graciously allowed me to read what he wrote.
So here we go.
But you give your name.
My name is Kelly Brown.
I am a resident of Sarasota.
Good afternoon, Mayor, Vice Mayor, Commissioners, and everyone.
I want to thank you all for taking the time to meet with me, read my emails, and respond in order to discuss some recommendations concerning the noise ordinance of the city of Sarasota.
I first spoke in front of most of you about this topic back in February of 24 after meeting with Mr.
Fournier several times.
There are two recommendations that I would like to suggest and propose.
The first recommendation would be the need to establish residential noise zones outside of the immediate downtown area.
It is understandable that there is nightlife activities and businesses that generate loud noise downtown.
However, outside of the downtown area and further away you go, the neighborhoods should have stricter noise ordinance to promote quieter and more peaceful surroundings.
The second recommendation would be the need to establish city oversight of the Sarasota schools that are within the city limits.
Currently, the Sarasota schools are self-regulating entities that are exempt from any noise ordinance.
The proposed change would be to remove the Sarasota County School Board and the individual schools from the designation of a governmental agency, as this designation grants them an exception from all noise ordinances.
If that is not possible, then an alternative suggestion would be to specifically remove the exemption status of the schools in the current noise ordinance.
Either way, there should be city oversight when the noise and amplified volumes created by the schools become excessive and repetitive.
The individual schools currently have complete autonomy and free reign to make as much noise and negatively impact the surrounding residents.
In the near future, Sarasota High School has plans to build a performing arts center, remove the temporary classrooms, and build tennis courts and expand its presence in the city, all of which will generate even more noise.
I have previously provided video examples of the excessively loud amplified music and announcer volume from my front yard, school property lines, and other neighborhood locations.
The booming base sounds and base frequencies that can be heard inside the residents' homes have been negatively impacting residents for many years.
School administration, school security, and SPD have all been contacted many times concerning the excessive volume level and noise.
However, nothing can be enforced because the schools are exempt from all city noise ordinance laws.
In my last email to all of you, I have offered to provide the signed petition from 100 Sarasota High School surrounding residents requesting that the volume levels of all of the stadiums be decreased and speakers be redirected.
The schools need city regulatory oversight so that they don't continue to negatively impact the surrounding residents' quality of life, especially as they continue to expand within the city limits.
Thank you all for your time and consideration.
Thank you.
Yes.
My name is John Simon.
My name is John Simon.
I'm a resident of 1350 Main Street.
I thank you for your consideration.
Walking over here, I was struck by how much construction noise there is on Main Street today.
And that's before the Waldorf and the Miramar get started.
So as a downtown resident, we're going to have a tremendous amount of construction noise every day during the week for a couple of years, and then get bombarded with noise over the weekends from restaurants, bars, and block parties.
The burden of this noise falls largely on full-time residents of Sarasota.
It hits the snowbirds too, but it hits the full-time residents.
And if the noise gets too bad and drives the full-time residents around away, you could end up with a downtown that's totally filled with snowbirds.
And then what's your downtown going to look like?
I actually had discussions with two friends.
I was telling them I'm going to talk about the sound ordinance, and both of them had recently come back from New York City, and they said to me, you know, downtown Sarasota is worse than New York City.
That's that's what they said.
I didn't prompt that discussion.
That's what they said to me.
One of them has a unit in our building that looks out on a courtyard in the back, and his unit was being renovated, so he he was in a courtyard.
He was in a unit that was face Main Street, and he said, you know, it's just incredibly noisy.
And it it is.
Um switch over to nighttime decibel levels.
And as as uh David pointed out, the uh special events ordinance as proposed and has an 11 o'clock ending time and I think that's a fair time for a seven day a week um uh switch over to nighttime decibel levels the uh I point out that the ordinances proposed extends the daytime or the daytime decibel levels during the week from 10 o'clock to 11 o'clock so to make it 11 o'clock every day would be a fair trade in my view um also this um chart that's on the Elmo um shows uh where Sarasota sits in terms of the proposed daytime level we're clearly near the highest uh uh the decibel level and much higher than uh many other cities and as Bob Fournier pointed out uh 65 decibels is a lot quieter than 75 decibels it's a it's an exponential change so we would really like to see or I would like to see a 65 decibel level during the daytime as opposed to the 75 but if that takes a sound expert then it then it takes a sound expert.
I want to remind the commission as I always do that Sarasota Municipal Code 202 provides that all citizens have the right to be free from unreasonable and excessive noise that interferes with the quiet enjoyment of their property so the the ordinance should be considered in that vein.
Thank you.
Thank you.
Mr.
Harshman thank you madam mayor and vice mayor and commissioners uh for the record my name's John Harshman and as I relate to you a week or two ago I'm a 52 year resident of the city of Sarasota um I do not live downtown um I own property downtown and my tenants are all either retail or office users and they're neither positively nor negatively impacted by the noise ordinance downtown typically because they're closed they are firm supporters of the farmers market fresh Fridays and the parades one of the great benefits of being old is that you have some history that you can you can fall back on sometimes and give us a little bit of insight as to where we've been and where we are now in 1998 the city was a completely different place north of Fruitville Road was a declining area and it was it was blighted the commission at that time Commissioner uh Cardamone Patterson Pillot Depree and um Merrill all wanted to do something for the area north of of uh Fruitville Road and they very creatively uh took what was the failed mission harbor site that the county had purchased for the library and this was uh bounded by 41 it was sixth street then but Boulevard of the arts and Coconut Avenue and then the Players Theater on the north they took that 11 acres and very creatively and I think Bob Fournier was a part of that worked with the county to uh to be able to control the the future of that site and they put out an RFP for uh developers to come in to bring in a project that would help to uplift the rosemary district my client was the group that was um uh that was selected the winner for that project and the development team presented to the city commission and the and the city commission believed this wholeheartedly that if you brought residents into the area then that would help to uplive it and this the development that this group presented was fully residential development and now we have the Renaissance the Alinari um the townhomes and and um hotel indigo and about the same time the same developer I had purchased the the former Southeast Bank property which was where five points tower is now and then the parking lot they worked with the developer the ultimate developer of the five points tower to have him develop some condominiums again bringing more resonance downtown and then with Casto to develop a 100 central which was again more residents downtown.
Now I I remind you of this because the activity downtown we love the retail we love the restaurants but it's the resonance that provide that foundational life's blood of downtown in the 70s 80s and 90s we had lots of clubs downtown we had St.
Francis at at uh Coconut and Palm Avenue we had Foley's on Lower Main Street we had Merlin's at the at the old uh um uh plaza restaurant which is now the entrance to five point plaza we had uh the Capricorn up on up on Central Avenue and we had um uh playground south on on Ringland Boulevard and these were clubs that were filled with people at night of the weekend and then they would go home.
We even had a grocery store in the middle of of downtown Main Street at that point but we didn't have that one key component and that was the resonance and it wasn't until the market really changed and people embraced living downtown that our downtown really got the vitality that it has today.
And it wasn't until the market really changed and people embraced living downtown that our downtown really got the vitality that it has today.
And when I listen to the residents that have brought these issues with the downtown events and the downtown noise.
I look at the research that they've done, and they've done a very professional job.
They've done a complete to do complete work.
They compare other communities with Sarasota, so they give you some background data that maybe the planning staff could have provided you, but they were they were working on other things.
And they come up with solutions that's not no noise and not no events.
They're coming up with a balance, something that is gonna help them to have a better life downtown and also to help help Sarasota continue with its vibrancy.
Um so I would encourage you as you go forward to listen to the downtown residents.
They're the ones that have invested heavily in downtown, and sometimes we want to look at the restaurants and all the other activities.
That's our livelihood.
It's really not from historical perspective.
We had lots of restaurants and clubs downtown.
It wasn't until we had the residents that we really became a vital downtown.
Thank you.
Thank you.
And I will call up uh four more people to speak.
Celine O'Connor, Paul Madison, John Bordeaux, and George Menhintas.
Thank you.
Do you see technology here?
Apologies, thank you.
Um good afternoon.
My name is Celine O'Connor.
I'm a full-time resident at Leto Key.
I'm also board member at Orchid Beach Club, which is just um on South Leto Beach.
In simple town terms, sound is what you hear and is caused by vibrations.
These waves cause your ear causing your eardrums to vibrate, which your brain interprets as sound.
Sound comes in many forms.
Um I'd like to share examples of what residents and our visitors on South Leto Key hear each day, each evening.
I know a lot of this has been discussed about the evening, but we also have sound issues during the day that need to be addressed.
I'll try to get this working.
Okay.
Sorry.
If I can get this one going.
Okay, I've lost it.
Apologies.
I did have a really good video if I can get it going.
Oh, it's not liking me today.
Okay.
This is probably more my dramatic when it comes to the roads.
We're actually hearing um noise, and I I'm inside a hurricane-proof slider windows, and I'm hearing road noise in the evening at and and I'm talking we're talking the Lido Speedway.
This is our nickname for it when we're on veto.
It's so bad.
Um I'm sorry this is not playing for us today, but I did have it.
I will email it to you because it's probably my more dramatic um video.
Um okay.
Next we'll go to this is not working for me today.
Okay.
Sarasota County Commissioners have cur confirmed that Ted Sperney Park in South Leda Beach actually falls within the Sarasota City Sound Ordinance.
I came here in 2021 asking for help with the park because of noise issues, and um your own staff said, I don't know why you're here, you need to go to the county, it's county park.
As we've known, this park has caused major issues because it's within city limits.
That in itself has been a major problem.
But the act the fact that it actually falls, your sound ordinance falls within our park.
I'm talking about noise that can be heard.
And again, my videos just don't want to work today.
Um we have major problems with the park, and I'm talking even boats.
This was one actually where we actually have modified sound, major speakers coming in on party boats.
They're anchoring at the side of the beach.
You can hear them a hundred feet outside the park, all the way up Ben Franklin Drive.
So there's issues with sounds.
I'm talking motion sounds, vehicle sounds, I'm talking speedway, I'm talking boats anchoring in the park.
So when you do talk about sound and ordinance, please consider all the other types of fan that your residents are having.
This is a picture taken of a vehicle with amplified sound.
You can see the speaker on the back of this.
This is what pulls up in the park.
This is what we're hearing down the road.
I mean, I at North Siesta Key told me audible across the water, a full block from Shell Beach.
That's how loud we are hearing it during the day.
And this is ongoing party.
The county has done nothing.
They keep sending us back to the city and said it is under city ordinance.
Zero, zero rules, zero help, zero action on any of these issues.
And we've been talking to them since 2021.
Another resident measured the decibel levels between 80 and 95.
Your current code is 75 for a violation.
The increase in decibel levels is not only linear relationship, it's exponential.
Just to highlight what was already said today.
I'm going to talk jet ski sound.
It's one of my favorite subjects right now.
Motorboats fall within jet skis and motor boats are both boats and jet skis.
They fall under the same category, and it gives a lot of issues on many, many levels.
But just to say jet skis can go up to 60 miles per hour, and they admit noise at a hundred and fifteen decibels.
One jet ski.
An airborne jet ski, which we have many of them off the water here, has the same noise impact on a listener as water's edge as an in-water jet ski, eight times closer in distance.
Now you have to understand.
I mean, we're hearing them in buildings, residential buildings up the street.
This noise is so loud.
Again, all coming under your city ordinance.
So I'm asking you to please pass ordinance updates, helping with this, and also work with enforcement to how you can actually apply this.
Too many warnings are given.
We phone the amazing Sarasota Police Department, turn up as soon as they leave, the sounds back up again.
There needs to be citations, it needs to be meaningful, it needs to be immediate, and it needs to stop.
Thank you.
Thank you.
What's next?
Mr.
Madison.
Thank you.
My name is Paul Madison and uh my own Madison's City Grill on the corner of Main Street and Lemon Avenue.
And um boy, it's a noisy world out there.
It's uh I never thought about such noise coming from the beach or that area.
I live off of Stickney Point Road, and some nights I'm sitting outside and I don't hear anything at all, and other nights I can hear every car crossing the bridge.
So I think when wind changes and there's all kinds of different ways that noise bounces and moves around in in different areas.
I'm certainly not an expert of experience though.
Um it's interesting.
I'm I'm back to downtown and and primarily the Lemon Avenue Mall, which is where we're located, and uh I guess we were responsible for that 11, 12 o'clock exception that was made back in 2002 when we opened Madison City Grill.
Um we've been in town for 23 years.
We're a proud legacy business, and um we built our business on helping to create a lively, vibrant downtown Sarasota.
Um this commission, predecessors of all of yours, um, came to me.
And so we got this great spot in the corner of Main Street and Lemon Avenue.
It's city property, and it's kind of an embarrassment.
There's a lot of derelicts that hang around there, and we're trying to clean up the city and make changes.
Um, Whole Foods didn't exist.
It was a parking lot with a park bench and a glass enclosure around it.
That was the bus transfer station before the current one is built across the street.
And um And there was not any residential in that area at all.
Um I said, well, yeah, I'd love to see a European-style outdoor cafe, restaurant, bar, little live music in the evenings.
Um is that going to disturb anyone?
And they said, no, you're in the downtown core.
They had different designations for different areas of downtown.
There are residential areas, which were more around the perimeter.
There's the downtown core, which is the central part, which is mostly uh businesses, and they wanted a vibrant, lively restaurant entertainment district.
And that's what we created.
And um and I hope that we don't disturb anyone.
I always tell all of our neighbors if you ever hear us bothering you, please give us a call.
Let us know.
We'll we'll adjust.
We're very diligent with our bands.
We're very specific with them about noise levels.
All of my managers have decibel meters on their phones, and they check it regularly through the course of the night.
Communicate with the bands.
It's it it can't be the businesses against the residents.
It has to be uh um a lifestyle that we all want downtown.
You know, I want to stay in business, and residents want a peaceful place to live, and I get that.
Um I think when someone chooses to live in an urban area, I think they have some expectation that there's going to be a different noise level than there would be if they were on Longboat Key or on a golf course community or someplace like that.
But they want vibrancy and they want uh and I want them to enjoy our restaurants because that's what's going to keep all of us in business and keep our city growing.
So I think the changes sound pretty reasonable to me.
There are a couple things that that concern me a little bit, and that was separating indoor from outdoor music because I don't know or sound.
Um I don't know if um I'm considered an outdoor and indoor restaurant.
I've got a roof, but I don't have walls.
There are restaurants and buildings that are completely enclosed, but they have a storefront that completely opens, they have doors and windows that they leave open.
I always laugh because our next door neighbor is Ernie Ritz and his uh his is uh um his wife Loretta, who's passed now as a sweet woman, but they live right next door to us and they own that building that used to be the train station.
Um she called me one night around 11 30.
She said, Paul, you gotta turn that damn music down.
It's so loud over there I can't sleep.
We love your place, but it's just too loud.
I don't need to go to bed, and it's almost midnight.
I'm like, Loretta, we closed at 11.
I think the Gator Club's got the front door open, and you're hearing that.
So, you know, at the end of the day, sound is sound, whether it comes from indoors or whether it comes outdoors.
If it's outside and it's too loud and it's a serving people, then it should be it should be managed, it should be enforced.
So I don't like the part about indoor outdoor, that part confuses me a little bit.
Um and I understand that it's hard to understand and enforce.
Um so I think cleaning it up and making it simpler makes more sense.
I certainly like to keep 11 o'clock and 12 o'clock.
Those are the hours that we operate at and we have for 23 years, and we did that because that's what people wanted was a vibrant downtown, and those were reasonable hours that that your committee saw many years ago, and that we've lived by, so I would hate to have to change my hours.
We've we built our business on that, and it seems to work.
And uh I think we get blamed a lot because we're outdoors, it must be that damn Madison's making all that noise, and a lot of times it's not.
Um there are a lot of people that are providing live music, and some of them are irresponsible about it.
I know there was one operation that had flashing strobe lights peering in windows of condos, it was just keeping them awake until all hours of the morning, and I get that.
That's it's unreasonable.
So it needs to remain reasonable.
Um, and you are all reasonable people and you always do reasonable things.
So I know that whatever you do moving forward, you're gonna make good decisions that are good balance for everyone.
Um it comes down to enforcement at the end of the day.
What really has to happen is is when people are out of line, they need to be in needs to be enforced, whether they're blasting speakers out of the back of their car in the middle of the daytime and and uh or they're driving riding a ridiculously loud motor vehicle through town that needs to be enforced.
So I think focus on that and uh do what you guys do.
Thank you.
Thanks for your time.
Okay, Mr.
Bordeaux.
Good afternoon, thank you.
My name's John Bordeaux.
I'm a full-time downtown resident.
Uh, my comments today and concerns also generally reflect those of other downtown residents, some of whom were not able to be here today or just learned about the hearing this morning.
I'm sure there'll be a greater turnout for the second reading of this in this ordinance.
I want to show you a couple charts.
Okay, this one, and I'm not sure which side you oh there we go.
Okay.
This is a comparison of the what's been uh what's been proposed here in Sarasota for noise thresholds with Tampa, Orlando, St.
Pete, and Miami.
Uh it's a busy chart.
I won't go through it with you in detail.
I did send it to you by email, so I hope you've had an opportunity to take a look at that.
Okay.
Now I'm gonna show you something here that John Simon already showed you, which I didn't realize at until he made his presentation.
But this is the the daytime uh the daytime uh uh mixed use DBA, which is the normal sound, not the bass sound.
And as John point John Simon pointed out, Sarasota is at the top end of the scale.
And and as Mr.
Fournier pointed out, that uh 75 decibels is ten times greater than sixty-five decibels.
And if you can look at the number of cities there, the cities that are at 65 decibels, uh, that uh I think we should be uh, you know, kind of emulating them at that sound level.
The sounds levels that are being currently proposed, both the times and the sound levels, okay, will make Sarasota one of the loudest, latest uh cities in Florida.
And you know, what happened to the number one place to retire?
It's not that place.
Okay, so what I've done is is take a look at the four the 40-page ordinance, which is as you can uh see from Mr.
Fournier's presentation is very complex.
And what I tried to do was to boil it down to the two most important aspects in my mind of that ordinance.
And those two items are daytime sound limit and nighttime sound limit.
And what I'm suggesting here is that the daytime sound limit, as was mentioned earlier, uh by be 65 decibels from 7 a.m.
until 10 p.m.
Uh which is the same as the majority of other Florida cities.
And the plainly audible should be 150 feet.
I'm suggesting the 55 decibels from 10 p.m.
until 7 a.m.
Now the 10 p.m.
is important because that's when current the current sound ordinance uh has the nighttime sound limit apply.
It's at 10 p.m., not at eleven.
So I'm suggesting that the nighttime sound limit be 55 decibels from 10 p.m.
till 7 a.m.
The same as other Florida cities.
And as uh Mr.
Fournier has suggested that the plainly audible be 100 feet.
What I haven't included in here is the base level, which is the DBC.
I know Vice Mayor brought that up.
That uh why is the uh base level higher than the standard DBA?
Uh she brought that up during the uh the special events ordinance, okay?
So uh and I I can't explain that.
So anyway, what I'm suggesting is that we take a look at uh sound levels for and times for for for the daytime and nighttime, make them citywide and and bring uh more residents as is suggested here back to downtown.
Thank you.
Thank you.
Uh George if you would m wouldn't mind pronouncing your name.
No problem.
George Manitas.
Thank you.
Thank you.
Good afternoon, everyone.
My name is George Manitas, and I'm here representing ORE development.
We're currently building a new condominium project in the heart of downtown Sarasota, and as a company deeply invested in the long-term vibrancy of the city.
We want to speak about an issue affecting not just our future residents, but everyone who lives, works, or visits downtown, and that is vehicular noise and disruptive urban sound.
Downtown Sarasota is evolving quickly.
More people are choosing to live here, walk here, and bring their families to enjoy what should be a welcoming and lively city center.
But many residents consistently report that excessive noise, particularly the uh vehicle engines revving, modified exhaust systems, loud motorcycles, and late-night street racing style behavior is diminishing the downtown experience.
This is not just an irritation, it has real impact.
National studies from the Federal Highway Administration show that prolonged exposure to high decibel vehicular noise can increase stress levels, disrupt sleep, and reduce the perceived safety of an area.
In growing urban districts, noise has become one of the top three quality of life concerns cited by residents.
And this aligns with what we hear on the ground.
Our team regularly speaks with nearby homeowners, business owners, and visitors.
Many say the same thing.
They love downtown Sarasota, it's walkability, culture, and energy, but the unpredictable bursts of traffic noise make evenings less enjoyable and sometimes even discourage people from staying out longer.
Our concern is not only for future residents of our development.
As builders and long-term stakeholders, we want downtown Sarasota to remain a place where people feel comfortable investing, living, and spending time.
A calmer, more predictable sound environment encourages outdoor dining, higher pedestrian activity, and the general feeling of safety benefiting the entire community.
Thank you for your time, your service, and your dedication to making downtown Sarasota the best it can be.
Thank you very much.
Thank you all for coming and speaking to us today.
Okay.
So it's time for Commissioner questions.
Oof.
Vice Mayor came.
Got the first I have many questions.
I'm going to start with a question for either Mr.
Fournier, I'll pick you.
You're it.
Could you explain the legal dangers if the city has an overly broad ordinance?
Um I'm sorry, Mayor, I mean interrupt.
I have someone who just walked in and wants to speak.
Will you are you gonna allow you to why don't you stay there?
It's only one person.
Okay, I just wonder if you're gonna be able to do that.
It is no jumping test.
So we do that now before we get into questions.
Yeah.
Why don't we?
Yeah.
Forget the question, Mr.
Fourney.
But you don't have to leave.
I mean, and don't forget it.
There.
Um we have a card.
Okay.
Come on down and thank you.
I apologize.
We had two important appointments this afternoon.
Good afternoon, Mayor, Vice Mayor, and City Commissioners.
My name is Linda Howler-Sloan.
I'm a city resident.
Thank you for the opportunity to speak to you today.
On the oh, do I need to be slow?
Okay.
On the continued first reading of this item.
Due process is an important tenet of our democracy.
Sound in Sarasota has been an issue for decades, from Newtown to downtown and all around.
In fact, sound regulations in Sarasota, Mr.
Fournier knows, goes back to 1950.
In terms of data, the 911 dispatch reporting database shows noise disturbances citywide, a lot of them over many years.
All kinds of people I know experience it.
Neighbors, friends, visitors, businesses, people trying to dine outdoors on Main Street, restaurant owners trying to keep their patrons from leaving, or not coming at all due to loud music or speakers from another establishment literally drowning people out.
People from New York, I know, who live in Sarasota, downtown, and say Sarasota is louder than the big Apple or Paris.
I have specific suggestions to improve the proposal.
I submitted these in writing to you yesterday with my neighbor.
The suggestions are start the nighttime sound lowering hours at 10 p.m.
weekdays and 11 p.m.
on Friday and Saturday nights.
This suggestion is a fair balance of the interests of establishments and on the impacts on the public.
Another suggestion is to allow both plainly audible and decibels to be used as measuring devices 24-7.
A violation of either plainly audible or decibels would be a violation.
Memorial Day and other holiday, I'm sorry, the night before the holidays really uh we don't need to have special hours for those nights.
Many of those holidays are actually sacred days like Veterans Day and Martin Luther King Day.
There's no need for to allow for loud late music those nights.
Plainly audible as a measurement should be in keeping with other Florida communities at 100 feet or less at night in particular.
Very importantly, code enforcement.
We need code enforcement personnel to be on duty at night.
That's when the violations occur.
In addition, special event sound should be in the sound code and subject to the same rules as sound.
I believe and others do that we should remove the exception for the city manager office for the discretion for special event sound because this could actually thwart the city commission approved sound policies, and or result in dangerously high sound levels.
Before ending, I'd like to draw your attention to some key principles.
One is balance and fairness.
We need to balance the use of private property as well as public space among various interests.
Recognizing that impacts on the public include residents, businesses, visitors, and tourists too.
We are, after all, a city of humans.
Outdoors.
We need to recognize that for the most part, sound issues, the sound emanates through the outdoors, right?
Into public space.
And it goes into private property.
Next, with Mr.
Ford next to us and Mr.
Polzak, the First Amendment.
We have the U.S.
Supreme Court case, Ward versus Rock Against Racism, which is the case involving New York City, and it underscores a municipality's right to regulate music through appropriate time, place, and manner measures while maintaining First Amendment rights to free speech.
Next, an important principle is public safety, health, and welfare.
We need to recognize that loud sound does negatively impact human health, and that loud music does make people drink more alcohol, which can contribute to unsafe roads and other safety concerns.
Next, sound is compounding, as Mr.
Fournier alluded to.
We need to recognize that measurements of increases in sound is exponential, not linear.
For example, five decibel increases between 70 decibels and 75 is a greater increase than between 60 decibels and 65 decibels.
Last, it's a new world, right?
We do all kinds of things at home, including work and participate in Zooms, in addition to, of course, eating and sleeping.
So I ask you to please take these into account.
Thank you so much.
Thank you.
And do we need to swear her after the fact?
Please wear yourself through.
Thank you.
Thank you.
And Vice Mayor, resume your questioning starting the timer from the beginning.
Thank you.
So you had a lot of time to think about your answer to that question, Mr.
Fournier.
What do you think?
I think that you know, any local government attorney thinking about an ordinance like this that is complex and that it it potentially infringes on First Amendment rights, you want to do uh what you can do, you want to do your best going into it to write something that you feel has a better chance of being defended successfully if it is subject to a legal challenge.
Certainly it's not a sure thing that you know it will be subject to a legal challenge, but I think that you know, if that there's if there is a change and and and it's made a little more stringent, there's at least a 50-50 chance that some so it does make sense to you know know what the standard would be that would be applied uh to a challenge if it happened and to draft that ordinance accordingly because uh you know if that's not followed, particularly with First Amendment things, the ordinance m might be dead on arrival if it's challenged.
I mean, you waste a lot of time and money defending something.
So to you know, potentially if you don't try to to follow the law, the the the the case law that's come out on this, then you do run the risk of spending a lot of money that you don't need to spend, wasting a lot more time before you have a viable regulation in place.
So why waste your time writing an ordinance that's that you know violates and just cross your fingers and hope that no one sues, and I do think that that's done, but I wouldn't recommend it in this case.
Thank you.
Um we're talking about establishing times when sound has to be below a certain decibel level.
The sounds don't have to stop at that time, do they?
No, they don't, and I think that explains really the distinction between the inside source and the outside source.
And I think we're where Madison's is would be outside source because in the ordinance it says you know you need four walls and enclosed.
In fact, if you keep the door propped open or you have sliding glass doors, that's outside source because you're not in it.
It's really just taking that knot in a completely enclosed building that's there now.
So uh that is the question.
Uh it's like on this this chart that I put up before, the the initial question to deal first with what's in the code now is to come up with a uniform time that applies citywide, and whether you make that uh as it is now, and that's I explained uh because that's the status quo, which is 11 p.m.
on weeknights and midnight on weekends, Fridays, Saturday nights, and nights before federal holidays.
There's been points on that, but that's the exception that's being enforced, the rule that's in the code is 10 p.m.
seven nights a week.
So I think that that's the issue the commission confronts here is do you go with that 10?
Do you go with what is being enforced now, or do you find something in between?
Thank you.
Um you referred to officer several times, and actually the word officer is in our ordinance.
It doesn't say police officer.
And so could you tell me who an officer who couldn't enforce this ordinance?
The way the ordinance is set up, it could either be a code compliance officer, as there might be some training.
I believe actually there is a code compliance officer that attends special events that that's not, or a law enforcement officer.
Thank you.
And you also said, I'm not an expert, and I can't really tell, I don't know what your words were there.
DBA, DBC, you know what that's all about.
So on what basis and who did you consult in order to come up with some of the technical, very technical changes your recommending.
Well, but the thing that I didn't do that was technical and why I said that was to change these uh decibel limits that are in there now that I indicated were on the high side, as has been pointed out when you compare them with our other Florida cities.
And so I just uh took them and plugged them into the squares and that third square that was missing.
So none of these have been changed.
And so the reason you didn't change them is because you're not an expert?
Because of the legal test that, and there's case law on this, there's a very good uh memorandum I had that was from actually the city attorney in uh Miami Beach.
They have a plainly audible uh standard that that that applies citywide.
I don't know if there's other ordinances besides the one that was challenged, the one that was challenged enumerates those those items, but they were discussing using decibels, and he cites cases in there and said, and there was a case that basically was was thrown out.
They set decibel levels that might have otherwise been held reasonable, but they had no evidence to back it up.
They had they you have to articulate, you know, what it is that you're trying to do, and then show that the ordinance achieves that and doesn't go further and prohibit any other speech that's protected by the First Amendment.
So it's to it's to meet that requirement.
Okay.
Um several members of the public talked to us and actually showed us audio and video of vehicles and outdoor speakers.
Are those two addressed in our ordinance?
Well, the out the outdoor speakers, I think would be just subject to and and you know there the people do have a right to put those out into broadcast sound into the right-of-way, but subject to the regulations that apply on the sound.
I hopefully that's not so much of a problem at night when there's not people walking on the sidewalks.
Now the motor vehicles, for the most part, I heard someone talk about uh, you know, an altered exhaust system, and that's addressed under the state law, which is you know, there's an interest in the state has here, I think, in keeping that uniform statewide.
We do have a provision in the excessive noise chapter uh section, rather, which is 20-4, that talks about the reving of the engines.
In fact, I think you had made a suggestion on that back in January.
I'd looked at that, take a second look at it, but I didn't think it added anything to what was already there when I really looked at it because it said, you know, you rev for the purpose of making it louder and to attract attention to the loudness.
So I thought that just about covered it.
And uh I think probably the problem is in enforcement is in you know someone being at the right place at the right time to catch that.
But that is addressed.
And um so my last statement is not a question.
Um I found Mr.
Harshman's comments very interesting that some years ago uh we didn't have a lot of activity, but we didn't have a lot of residents.
Yet we did have some activity that brought people downtown to those various um offerings, and um now we have more residents, and we're trying to find the new balance.
And and just to comment from someone who was around for those 21 years too, like Mr.
Hartman, I can I see the difference there that you know there were all these venues downtown with little or no complaints because the residents weren't there, and then over time more and more residents came in and the complaints increased understandably.
Thank you, Mr.
Fournier.
Thank you, Commissioner Ahern Koch.
Yeah, thank you.
Um I mean, just to go off of that la last point.
I mean, I was here back in the day when he was talking about and a lot of those locations you drove and you drove and you left.
There wasn't a whole lot of like walking around downtown, and I think part of the effort back in the day was um downtown was not a destination you parked and walked around and hung out and ate and shopped and and and you know, got a massage and whatever else you needed to do and went banking and all grocery shopping, it was go leave.
And the city made these efforts to create something, and that included bringing businesses and bringing residents together, um segmenting them so that they wouldn't disturb each other, but we've grown, and as you grow, it's not just um music, it's also generators.
Um it's it's air conditioning units, it's you know, these revving cars, it's all this activity that creates a a downtown, and at a certain point in time it impacts the quality of life.
And so that's where we're trying, I think, to to talk about this and find a balance, which leads me to my first really important question.
On page 18 of our backup material, the last paragraph, the last sentence, it says on the second to last line, in order to revise these maximum decibel levels in either direction, the services of a consultant would be required.
In order to revise these maximum decibel levels in either direction, the services of a consultant would be required.
I don't know the date of this memorandum, Mr.
Fournier and Mr.
Polzak, but that sentence is really important.
Uh you know, a lot of these things we're talking about, is it 65?
Is it 70?
Is it 10 o'clock?
Is it 11 o'clock?
Is it midnight?
Is it 150 feet?
Is it 100 feet?
I don't want to play a guessing game.
We have been talking about this for a long time.
The residents have been asking for it, the businesses want some security.
We want to be able to talk about something that we understand that's fair for everybody.
Um, but without that sentence right there, and legally, we don't want to get sued, right?
They were trying to balance all these things.
How important for me, this is the most important sentence in this whole packet.
Um, you know, what are you recommending that we go forward with based on that sentence?
What can we do today without that sentence being fulfilled?
What should we do?
You know, for me, I want something to base my decision on.
Okay, sure.
Um, I think the three things that I said that you would want to have a consultant for would be to make changes in these maximum decibel limits, whether D B A, D B C or the difference between the DBA and the DVC.
So that's why those are the same.
They're that the structure in the organization of 20-5 was changed, but the decibel limits were left as they are.
Because if you don't have a consultant for that, as I said, I think the ordinance is DOA.
You need to have evidence to back that up.
The second one was we have a uniform standard that applies citywide.
Other cities, this is something you could ask a consultant to look at and just have two.
You know, the fully residential areas get one standard, everywhere else gets another.
Some take it further than that, and they have as many as three or four.
Now keep in mind that doesn't make it easier to enforce either.
So you might hear some complaints from on that end, but you could at least look at that.
I this ordinance does not do that.
I don't think you should do that unless you have a consultant.
And then the third one, it was suggested to have a plainly audible standard all day long, not just during nighttime hours.
Some jurisdictions do do that, but it gets more complicated during the day.
There's obviously a lot more ambient sound during the day, and that varies according to district.
So I think if you did that, you might want to break the city up into different areas, have a the services of a consultant.
So this ordinance does none of those things.
I think the major decision that you have to make, I'll split it into two parts, as to what's already there, and then the second part would be to what's been actually moved and passed to be added, which is the plainly audible standard.
The part that the piece of the puzzle I think that the commission has to fill in are those hours at the top of this chart where it says daytime hours and nighttime hours, what's there now is the status quo.
That's what's being enforced today.
That's why I put those in, because I, as I explained, I didn't feel it was my place to change those.
If you want to start off the same, but I also pointed out the citywide standard, apart from the Lemon Avenue property, is 10 p.m.
seven nights.
So if you that or this or somewhere in between, I think you have the legislative discretion to make a decision as to what time that's going to.
I don't think that part requires an expert.
So this would be the critical question that the commission would have to answer and make a decision on before this can go forward.
And then with regard to plainly audible, of course, you have to decide what the specified distance from the source of the sound will be before the sound is unlawful, right?
Because a plainly audible sound isn't unlawful.
It's a plainly audible sound that's X number of feet from the source of the sound, and then that's after a certain time, because we're not talking about doing it during the day.
Excuse me.
So the two things the commission has to decide there, and I you know, you could hire a consultant to give you advice on the plainly audible.
You know, you can always hire a consultant for anything.
I'm talking about when you're legally required to or not.
I think you can uh uh uh apply a plainly audible standard based on the precedent that was set with the city of Miami Beach and make it at 11 to 7, 100 feet away, seven nights a week, if the ordinance is drafted to more or less pattern what was done in Miami Beach, as I explained.
Now you can go above that too, but I would suggest if you do that that you make it uh I guess for lack of a better way to say it more liberal, and in that sense means at a later time, perhaps midnight instead of 11, even later on the weekends, is just sort of a tool to keep way like late night noise down.
And that's why I filled in 150 because I wanted to use that to illustrate the distinction between if you follow the city of Miami Beach and if you don't, because if you don't, I do think that you need to increase that distance and make the time later to again insulate yourself against a challenge.
And by following the Miami Beach, you're talking about doing the second alternative, right?
The second alternative for the drafting that the language that I put up here, which would which would create a presumption that it was an unreasonable sound and therefore in violation, but would also allow discussion of those points that are in 20-4B uh that should be taken into account to determine whether a sound is unreasonable.
And those standards you listed, are those standards on balance or are they on balance?
Is it stated in that text?
It could be added, but it is intended to give the the magistrate just some discretion in those instances where the and that the reason I thought that was important is because in that 11th circuit case that upheld the constitutionality of the City of Miami ordinance.
That's what the court relied on to say that it met the legal standard of being narrowly tailored to just focus on achieving the significant uh governmental interest, which is to protect its citizens from unreasonable sounds.
Yeah, I I think one of the things that I struggle with, and I think that a lot of us are sh are shocked by is typically when we think of something like this, we're just thinking of downtown.
But this is a citywide ordinance.
It is the we do have um people contacting us saying that noise is impacting their quality of life during the day and outside of downtown.
Um it's not till we have hearings like this that we realize, you know, that there are a lot of situations that are just not that are excessive, let's just say.
And you know, we can't do the David Low Tequila thing here, but um we do have to figure something out.
We do have to.
I just wanted to know, you know, I know legally um you're trying to guide us the best you can.
And well we don't want to get sued for sure.
But I also want to make sure that we respond to the residents, we respond to the businesses and the people who live here, and we we try to do something that's on balance and that it's fair for everybody.
I don't know if we're going to be able to achieve that um, especially today.
But uh, if if you do act today, I think what I just said is what you would need to be prepared to decide, and then you'd obviously need a second reading too.
Right.
And and there are, of course, there were other things that were mentioned in other sections which you know could be discussed, or you might have questions about.
Actually, I was I want before I leave, if you can indulge me one second, there was uh something that engineering brought up about that's in the exceptions section that I thought was reasonable about there's an exception in there for city road construction that the request was maybe take out road and just exempt city construction.
You know, that's some but uh that's some not something you can decide today, but if you decide to discuss those other sections at some other point, maybe at the same time as second reading of this ordinance, if it gets that far, you could discuss that then.
So let me ask this this consultant that we could bring in about you know um giving us maximum decibel levels and some of the other things that we're talking about here that we're unsure about.
How long would something like that take?
I've talked to two, and I could probably get them here to do site visits, which would occur over they do like a weekday night and probably a couple weekend nights, try to be here when there's a special event.
We got New Year's Eve coming up.
Right.
So one of them I know could probably do December, otherwise, more realistically, maybe January, February.
Okay.
And would we wait on all of this or just those things that you said limited, or could we just say, let's wait on all of this, get a sound study done, have ourselves with some information, and then move forward.
You know, I think that's up to you.
Yeah, it is.
Either one we could.
You know, as I said, you can have the consultant to assist with really almost anything.
So I think I this goes as far as I thought that you could legally go to take a step in the right direction, so to speak, to hopefully result in better enforcement, but it n none of this in my judgment at least requires the services of a consultant.
But it would be sort of a an interim measure.
Sorry.
No, that's all right.
To add on to that, you know, Bob and I have talked about you if you wanted to, you could do this today with the understanding that what you're doing is just completing the framework, that this has been a year or two in the making.
And then if you want to come back and adjust the thresholds to that framework, you can direct me to engage in a consultant and we can come back and do that.
Okay, I tell you something.
Okay.
Uh Commissioner Alpert, do you have questions?
I don't, thank you.
Okay.
Commissioner Batty.
Okay.
I have uh several random ones.
Um we heard about problems with the noise from watercraft.
Is that covered by the state statute regarding motor vehicles?
I made a note on that, and I I'm not sure that it is to look that up, but again, I would think that there would have to be uh something in the state law on that because it seems to me the state would have an interest in keeping that uniform statewide, but I I don't know that exactly right now.
It isn't something I've looked at.
It's under Chapter 316, so I I don't think that covers um water vehicles.
It's just motor vehicles, right?
So it's uh seems to me that we have two possibilities, one to research to see if there is a stat state statute covering noise from watercraft, or we need to include watercraft in our ordinance somewhere.
Which which again, if this proceeds and there is a second reading, those are things that we could address in between first and second reading if it goes forward.
Great.
Now the other thing you were talking about uh the sources of the sound and you enumerated devices.
What about the source being a human being or another being?
I mean, if you get next to a screaming baby, that f really exceeds 85 decibels.
But you know, I'm even thinking about a howling dog for however, you know, an hour at a time.
But you know, so does living being get covered?
That was discussed in the context of the addition of the plainly audible standard where you enumerated the the and they were all sound-making devices or sound reproducing devices.
So I would say no, I haven't seen any ordinance include in that list sounds made by humans.
Someone may be disturbing the peace or something like that, and I think there might even be that that would fall into animals sounds can be an unreasonable sound under uh uh section four, and that list that I showed you that have to be considered, you know, the frequency of the dog barking, that that sort of thing.
So no, that's not under plainly audible.
So how do we enforce it?
In some instances, it you you know you just have to argue whether it was an unreasonable sound.
In other instance, like construction, uh uh they there are times of day and they say I think it's it's pretty liberal.
I think it's like six in the morning till nine at night, you can engage in construction and it's not a violation.
But if it's between nine at night and six in the morning, it's presumed unreasonable.
So that's I think that's the same with humans.
I don't know if they would cite someone, I I'm not aware of anyone shouting or making noise ever cited under the sound ordinance.
That might be a breach of the peace or something like that.
So breach of the peace, and we have that covered someplace, and that's that would be in the Florida statutes.
So if you someone who's causing a disturbance, I would think that would be used instead.
So that leads me to my enforcement questions.
So if you have the noise, you you call SPD probably, and SPD decides which ordinance covers it.
I think so, and I think that's part of what's being done now is with regard to these sounds, at least you know, musical sounds, they have communicated to me over the years that they would like something that's more readily understandable.
But I mean, if somebody's standing on the street corner ranting at the top of his lungs, that's I mean that's disturbing the peace, but SPD would know that's disturbing they would probably cite them under the state statute, wouldn't you agree?
Yeah, yeah.
Yeah.
Probably not use the noise ordinance.
To your point, mayor, they've got their multiple enforcement tools, they're gonna look at all of them and see what's the most appropriate.
So one one of the other issues has been uh the motor vehicles zooming down main street and downtown and loving the fact that their motors are reverberating against the buildings.
Um and unless SPD is there to witness it, uh it's not enforceable.
Um is there something that the public can do to get relief, whether it's you know, say we know every Saturday night at 10 p.m.
somebody's gonna be doing that and call SPD.
The the key is and in conversations with the community we've talked about this, just making sure they're continuing to report these issues, document them so SPD has an analyst division, they can look at patterns and frequency and respond to those complaints.
So it's key that everybody who came down here today with their cars downtown keep reporting that to SPD.
Correct.
Great, thank you.
Um and then the other thing is code enforcement versus SPD.
Will it be recommended that we uh add code enforcement personnel to weekends and after hours in order to enforce this?
Well, that's authorized by the ordinance.
Now how that works out over time, I'm not sure this is SPD's favorite ordinance to enforce.
But you know, they're more readily available in the nighttime hours, and that's when a lot of the violations are.
Now you can have code compliance officers, you know, after hours too, and that might happen in the future.
So that's I think more of an administrative question, really.
Okay.
Um and let me see if I understand the issue about consultant services.
If we mirror the Miami Beach ordinance that was confirmed by the courts, would we not requ need a consultant?
So you know, maybe as a temporary measure, go ahead and mirror that and then see.
That's my view because you you have precedent, and I would think that would certainly stop anyone from uh challenging if they saw this, you know, so you could start with, you know, you could go as early as 11, seven days a week, a hundred feet away.
You increase that as long as you've written it to include the prima fascia standard and and the enumerate the items that would be offending, you could uh make it less stringent than that, but that would be the starting point.
I would think anything from there or less stringent, very arguably would be constitutional and upheld if it were patterned on that ordinance.
And just to be clear on that, what Bob and I looked at there was that when we talked the Miami ordinance, it's the Miami plainly audible provision.
Okay, just that.
Yeah, just the plainly audible is what I'm on.
And that specific uh that specific portion or section that was upheld is all I was and I think I read from that.
We we looked for, as Bob said, safe harbors in the law.
So certain court decisions we were able to deduce safe harbors from, in addition to our current thresholds are essentially a safe harbor because they've been in effect for so long.
Um construction noise.
I and and I heard like two different times.
We I heard the idea of noise in general difference between daytime and nighttime, 7 a.m.
was the cutoff, and then you mentioned construction noise with 6 a.m.
as the cutoff.
I'm I have think I have that section somewhere, but I when I looked at it, and I think that's what it is.
Now, you know, you can't do anything about that today because that's not in here, but certainly that section and the section that relates to the permits for special events are related.
And I've read a lot of these ordinances and I've seen some things uh we had an issue with air conditioners, uh the one malfunctioning over at the United States garage.
There's some, I think better provisions perhaps than what we have.
Uh a lot of these ordinances I've seen contain exceptions for generators that are in use during a declared state of emergency or uh you know when there's no power, which I think is a reasonable exemption.
Uh so you know that could be looked at, but that's just not in the context of what's in front of you today.
Yeah, I I was just looking for some amount of consistency, and I would think that construction industry wants to be able to start at 6 a.m.
And I'm wondering even with our sound ordinance, is there going to be a significant difference if we start daytime hours at 6 a.m.
rather than 7 a.m.?
Well, see that 6 a.m.
start applies only in the context of that singular exception for construction.
That's the that's the sole, and and I guess you know what you could do is take a look at some of these other ordinances and see what they're doing to see if some but I you're right.
I think when it's when it gets light early and everything, they want to get going, so that's probably why that got set at six.
Yeah.
See, I yeah, and I'm I'm looking for some consistency, and one of the things that I mentioned when you were a city attorney and I mentioned to Mr.
Polzak, eager to see a diagram like the diagrams that we saw from the public showing, you know, and and you you're but for everything, not just for the little quadrant that you showed.
So that I think would be helpful, and we could see the consistencies, inconsistencies, and make life a whole lot easier.
So my time is up, and um Commissioner A.
Hearn Kotch is ready for second round.
Just have a couple more questions.
Um the federal holidays was brought up, uh the fifteen federal holidays, um, and it was you know brought up to us about you know, Columbus Day, Invectors Day, and Memorial Day and things like that.
Um where are you on legally restricting those or adding those or having that was suggested there be two exceptions that are more uh federal holidays that are sort of celebrated, whereas the other ones aren't.
I think you have discretion to to act as you see fit on that.
I think that um, you know, there's probably two reasons that they were put in there, one and that points well taken, not all of those are celebratory holidays, some are solemn actually.
But um I think the idea too was people would probably go out at night, perhaps more when they have a holiday weekend and there's another night, so that's why it was all of them.
But to to the real question there is you have the discretion to act on that.
Yes, I think you do.
You could change that as you see appropriate.
Okay.
Um there was the suggestion about creating zones or something like that where we would talk about, which sounds very complicated to me, uh, you know, downtown core versus residential versus an entertainment district.
Um would that be the consultant study thing?
And where you can't.
That would definitely be a consultant.
My personal thought on that is if it's done simply two zones, you know, one that for it's intended for the primary resid primarily residential areas where you know you could justify a lower level at night and during the day, and then another for everywhere else, but it it doesn't have to be limited to two.
That just keeps it simpler for enforcement purposes.
Okay.
And then currently um there are a lot of places that have amplified sound outside.
They put a speaker outside and they amplify what's happening inside outside.
Is that allowed?
They do have a right to do that.
Now you can you can uh regulate that subject to that test for constitutionality if it's content-based, you know, narrowly tailored to achieve a significant governmental interest, and there has to be other channels of communication that are left open, which is why you can't ban it outright.
That's that daily case that we talked about that I didn't bring up today.
Um because that plays a role in our sort of ambient sound all together.
I mean, if every single restaurant or business has a speaker outside amplifying what's happening on the inside, you combine all of that.
I mean, that's that's becomes an a loud ambient um situation, and then you know, adding to that makes those other businesses seem like they're violating when they're really not.
And so that may well be true, but I think that's a maximum decibel limit question, you know, what's appropriate for the area.
That's as I think you have to allow it.
You can limit that, you can place a limit on the decibel, you know.
Right, but so for example, if you have let's just take Main Street as an example.
Um restaurant, restaurant, and I don't want to vilify restaurants because uh businesses do it too, right?
I've I've I've already you know seen that situation.
But okay, so business, business, like contiguous.
How do you measure this one versus this one versus this one versus this one when they're all amplified and it's one big clump of sound?
Very technical term.
That's where the plainly audible standard will help, because in theory you can identify then who do you cite?
Well, see, that's the problem with the ambient noise during the day, but with with these decibel meters, that's a one of the things that changes I made, and I think this is a minor little um verbiage change from that requires w what they call a type one meter, which really now they call a class one meter, which is a more precise meter, and there when you get into this, there's all these factors like wind and humidity and temperature, there's all sorts of things that will impact what that measurement might be.
So that's why you need an expert to answer those types of questions.
And you just do the maximum that you can technically do to get the most accurate reading that you can.
Okay.
And the issue of people propping open windows and doors and someone standing there with the that's a that's a very real situation that I'm sure we've all experienced many times where you know that's a major appropriate.
That's addressed by just making it clear in here that that would be subject to the standard that applies for outside source.
Okay.
But it also has to be enforceable.
Yes.
Um then the hours someone it was suggested that we do one hour, you know, across all seven days.
Um how much confusion is there with the police department between hours and this and that?
I mean, would that simplify things and make it more easily and more readily enforceable?
Or if you're talking about just changing the hour uh for nighttime on the weekends and before federal holidays, I think that's fine.
You know, in the in the context of fixing the framework of this code, this this fix will be significant.
So that minor difference isn't a barrier to enforcement.
And I would add, you uh you do have the discretion.
I think that was suggested as sort of a compromise to instead of kicking it up an hour or however much you want to kick it up, it could be 10 in midnight, 11 in midnight, to have a higher uh later time rather on weekends and whatever nights before holidays, you could make it all the same.
But uh you know, I know right now they're working with high an hour later on the weekends.
But that's within your discretion.
That's that's the the the window within which you have to act here.
The complaints from law enforcement really come from the old version of the code and just how confusing it was overall.
Sure, I get that.
Thank you.
Uh Vice Mayor?
Thank you.
Well, so it's clear to me we could talk about this for hours.
I, however, um am prepared to make a motion.
Oh, are we when we hear?
We're still in the hearing.
Well, we have to do a motion.
Okay.
Okay.
Ummissioner Alpert, do you have any questions?
I do not.
I have comments, but I'll wait till the comments.
Okay.
Commissioner Batti, no questions?
I have comments.
Okay.
I I just have two uh more based on what the public comment was.
Um the exemptions for the schools, can we not influence their sound, noise, whatever you want to call it?
Well that that again is something, as I said, it it isn't in here, but if you wanted to discuss that or take a look at other jurisdictions and see what they're doing, I I I would think just you know, as a courtesy, you'd want to have some sort of conversation with them about it to see if there are mitigation measures outside changes in the legislation that could be done.
I don't know, maybe not, but uh but that is something I think if you wanted to move to discuss that at a future date.
Um I would suggest perhaps um you know you'd look at that exemption section and tie that in with a section of the exemptions or the exceptions as they call it for the special events.
Okay, yeah, because we've had more and more complaints about it's not just during games, it's during practice and they practice every day.
So sure, I you know you could make a decision to discuss that at some point down the line today, but since there's nothing about it in this ordinance and it's not advertised, it's nothing you can take action on today.
Okay.
Other than to say you want to discuss it in the future.
Okay.
Because we will probably be adding things to discuss in the future.
And then the other thing, we saw the image of the boom boxes at the beach.
And personally, I would rather the beach be place for quiet relaxation rather than multiple boom boxes, I suspect.
So um where is the and that's daytime sound, so where would that be covered?
Would that be covered in this?
20-5A that sets the maximum decibel limits.
Yeah.
Okay.
But if if we at some point decided to have different zones that might be zoned different, a beach might be zoned different from downtown.
Conceivably, if it's near residences uh especially.
Yeah.
Oh, I have a question on that.
Okay.
So I I am finished, but Commissioner Batti has a question.
Uh thank you, Mayor.
Um I wanted to ask, do you know of any like statutes or um ordinances anywhere um pertaining to like you said, this mobile sound?
Because I'm I'm getting that not only like downtown, but also, you know, in Newtown as well.
When I I mean You're talking sound from a moving vehicle?
Yeah.
Yeah, it's actually section 316.3045 Florida statutes, which was just fixed, Bob and I have talked about this.
There was a case called the Catalano case that declared it unconstitutional, and the legislature just recently fixed that statute.
Unconstitutional for for who previously the whole ordinance was declared unconstitutional.
Oh, really?
Or the whole statute.
Wow.
So you just allow to There was issues with the construction of the statute, but the legislature fixed it about two years ago.
So it is enforceable though.
And this question is not reading, Mr.
Fournier, but am I the only one freezing in the year?
Are you pleasing?
So you still have questions besides that one?
Okay.
So Commissioner.
Yes, so on the situation with the speakers in the car at the beach or or wherever that may be.
Since that's during it, let's just say it happens during the daytime.
That wouldn't be the plainly audible, but that would be a situation where plainly audible would be very valuable for us.
And that would be outdoor amplified sound.
So then that would just be a pure decibel reading.
Right.
But if we could do a plainly audible during the day, then that could be a tool as well for something like that.
It could be.
Okay.
Okay.
That was my question on the jet skis.
Okay.
Sounds like we have finished questions, and I will close the public hearing.
And the Vice Mayor wanted to make a motion.
Yes, some time ago.
So just to be clear, this is to get us moving and to provide for a consultant to give us advice on the decibel level.
So my motion is to mirror the Miami ordinance and lower the maximum decibel level from 11 p.m.
to 7 a.m.
100 feet from the source.
7 days a week, except for New Year's Eve and July 4th.
Refer to sound production of devices, prima fascia evidence of a violation, and enumerate offending items.
As well, or do you want a second motion?
Hire an acoustical engineer to guide us on the des maximum decibel levels.
So just to be clear, are you moving for the adoption of this ordinance with that provision for the plainly audible standard?
For first reading.
Okay.
So I understand the motion to apply only to the addition of the plainly audible standard to the code and to not make the changes to inside source, outside source, like on that the the square to just leave it as it is with continuous and and impulse and uh outside source, not within a completely enclosed building nighttime only and the time's the same until the consultant has applied on what okay.
Not that they're not valid and interesting points for our consideration, but I think that the acoustical engineer is the person to advise on that.
So can I ask a question?
Yeah, good.
Okay.
Listen, we don't even have a second yet.
So I want to repeat the motion.
Yes, because it's unclear.
I was going to ask her.
To mirror the Miami ordinance regarding the plainly audible standard.
Correct.
To make the decibel levels seven days a week, except New Year's Eve and July 4th.
Correct.
And I didn't catch what hours.
11 p.m.
to 7 a.m.
Okay.
11 p.m.
with 11 to 7 being the nighttime hours and 7 to 11 being the daytime hours.
So just one question.
Because this applied this doesn't have anything to do with the maximum decibel level section, which you your your motion does not address.
So we'd have a different ordinances if there's no other motion passed for that.
The uh plainly audible would apply 363 days a year at 11 and 7, but on the New Year's Eve and the 4th of July, would it not apply at all, or would that be just a later hour at later than 11?
Well, my idea is a later hour.
But that can be decided later, can't you?
But what's the hour for you?
Well, I would have to either put in the ordinance that those two nights were exempt or that it was midnight or one.
Midnight wasn't just saying midnight.
Okay.
Okay.
So the midnight.
And now the hiring of a consultation.
Oh, wait a minute.
There are some more details that have to be included.
100 feet from the source.
But that was in the Miami ordinance, right?
Um referring to sound production devices?
Yes.
Including prima fascia evidence of a violation and enumerating offending items.
So all of the things that would make it mirror the city of Miami Beach to for their plainly audible standard.
That's understood.
Okay.
The the other thing is the consultant.
Should that be a separate ordin uh motion or should be separate?
I think it should be separate.
Separate because I want to confuse the question.
Set this up as two separate questions.
This is about what you know you passed the motion in January to add this but didn't provide the details.
This provides the details.
Yeah, I agree.
So my my understanding again is the motion on the table is to approve the proposed ordinance with the following changes to mirror the Miami Beach ordinance with those line items regarding plainly audible, hundred feet, etc.
The hours being eleven p.m.
to 7 a.m.
night time, 7 a.m.
to 11 p.m.
Uh daytime, seven days a week, except on New Year's Eve and July 4th that the um instead of 11 p.m.
that it be midnight.
Is that cover it?
Is that on weekends or something?
Or is that just no seven days a week it would be 11 p.m.
So even weekends it would be 11 p.m.
But midnight on New Year's Eve and 4th of July.
I know you're not at it.
That doesn't mean they have to.
But we don't have a second yet.
That's right.
So we that's the motion that we need a second.
So do I I do not have a second.
Okay, so motion dies for lack of a second.
Okay.
Um does anybody else want to make a motion?
I'll make a motion.
Okay, we're listening.
Okay.
Um I move that um we keep the status quo in terms of the hours.
Um that it be 11 o'clock weekdays and midnight on weekends and before major holidays.
And and keep the ordinance the same as it as written.
Okay you you said the four major holidays, did I hear you correctly?
No, I said all holidays.
Uh huh.
All holidays.
Just like the sta I want it to maintain the status quo, which is essentially which is how this rewritten ordinance is written.
So Commissioner, are you proposing the adoption of the ordinance as we proposed it?
Yes.
And with those times filled in.
Okay.
Yeah, I understand.
Yes.
Second.
Okay.
Motion by Commissioner Alpert.
Uh seconded by Commissioner Batti to approve ordinance 24-5518 on first reading as written.
With uh uh Commissioner Alpert's motion though did not address the plainly audible portion.
If you split this into two parts and have part one maximum decibel, part two plainly audible, I think we agreed and the city clerk said that and I agree that that might be a better way to approach this with a motion for each.
I understand Commissioner Alpert's motion to be um to adopt the basically the square chart that was presented and shown up here.
If that's not correct, I'm sure she'll correct me.
No, that's correct.
Okay, so we have a motion and second on the floor.
Is there discussion maker of the motion?
Um I think the status quo works.
Um I agree with uh Paul Madison's comments.
He's been operating with those hours for what, 23 years?
Um certainly I've been in Sarasota 23 years.
Those are the hours that he was operating.
I think it makes sense.
I think it's a good balance, and I don't think we should uh make it earlier for the weekends, because I think you know, people expect the weekend to be able to stay out a little later, to do things later, and I think it it's been working all these years, and I'm not I I don't think we ought to be changing it.
Okay.
Second, or do you want to it?
Yes, Mayor, thank you.
Um I agree with uh with that of the of Commissioner Albert, um, particularly when it comes, you know, with Mr.
Madison coming here speaking, as he said he was in business had been in business for 23 years in the downtown area.
I don't want anyone to confuse this this whole idea with the fact that Sarasota is louder than New York City.
I live in New York City.
There's no way on this green earth that you're going to convince me that Sarasota is louder than New York City.
Okay.
You can walk walk with that one.
But you this is the urban core of Sarah of the city.
And when you choose to live in the urban area of any city, as I say, downtown and Main Street is the heartbeat and the pulse of any city.
And my pastor said not long ago, when you pray for something and you get it, you gotta take everything that comes with it.
And in downtown or Main Street, there's activity, there's people, there's traffic, there's noise.
And when you move into that area, that's what comes with it.
You know, and that's the lifestyle that in the environment that that is downtown, that is the environment and the lifestyle that is Main Street, and particularly this main street as Sarasota continues to evolve and continues to grow, or or what have you.
You know, we have other areas that people can move to.
We just talked about affordable housing and so on.
A lot of people don't have the luxury that a lot of people that live downtown have in the sense that they can't move and whatnot.
They have to be where they are.
If you you live in Newtown, you can't move from Newtown, even if it's noisy up there or whatever.
You you're not going anywhere.
So this is what comes with with the urban area of of the city, and you know, that's just how I see it.
Thank you, Mayor.
Thank you, um Commissioner Aherncott.
Oh, Commissioner Vice Mayor.
Thank you.
Um so we're not making a decision for just the urban core.
We're making a decision for the entire city.
Um it was said that it's worked all these years and we shouldn't change it.
However, things have changed around us.
We didn't have residents downtown.
They did their errands and drove back out to where they lived.
Now we have a lot of residents downtown.
And we're trying to find the balance that works for a vibrant downtown and people who live here.
And that's our job, not to keep things the same.
Okay.
Uh Commissioner Heroncott, did you want to say anything?
Sure.
Um I agree, this is a sound ordinance that is is citywide, and so we need to think of it in those contexts.
Um we have ambient noise that is getting louder.
And uh the noise that's produced, the sound that's produced is combined with the ambient noise, and all of that is creating a situation that is potentially um impacting the health and the safety of of our residents and our visitors.
So that's something to take into consideration.
And the enforcement.
And so um uh, you know, I'm looking for um more input on uh ways we can enforce this uh uh more easily.
Okay.
I have a couple of problems with the uh way that this sound ordinance was crafted, and I very much would like to see some sort of uh visual diagram, so not only is it more readily enforceable that the residents can more better understand what's allowed, what's not allowed.
Um so I had difficulty following the ordinance as written as it was.
So it would be really great if there were an exhibit attached to it.
I mean, you know, but but more more thorough than that.
Um so I think what we what we saw from from the public was also useful.
But uh uh my bigger concern in the why I uh reason I kept asking uh I meant asked Commissioner Alpert about the uh the h exception holidays.
Um most of the Florida doesn't recognize many national holidays.
Um the school children were in school on Veterans Day.
So and that theoretically is a national holiday, and that would have meant that the sound would have been extended to for an additional hour, but that was a school night.
So, you know, my concern is we really should specifically delineate which are the appropriate holidays that the night before we could extend the hours and Fourth of July and New Year's Eve seem to be the ones that stood out.
Um I I appreciate what you're trying to do, and I I would have loved uh the vice mayor's uh motion, but this one I'm I I can't support as is.
So uh anything else?
Uh I think yeah, I I I'm going to add that you know, there was a comment that things have grown up around the downtown, and I understand that this is citywide, but I think where the issue is for the most part is in the downtown.
Um would you also say that we should start limiting the number of flights um out of SRQ Airport because there has been more building around SRQ Airport.
Um when you move to a downtown, you understand that you're in a downtown.
All of these businesses, Madison was operating before a lot of these apartments came into the downtown.
The Gay Air Club was operating.
A lot of these places were operating.
There were events, there were things going on before these um you know condos were built.
So if you bought there, you had to know that these events were going on.
And so I don't think changing it now and limiting other people's access to the downtown um makes a lot of sense.
I think it makes sense to keep it's been working.
Um let's, you know, let's keep doing it.
Okay.
Uh any more discussion?
No, I was just gonna add uh my mayor, if I may add to that, that you know, I was here, you know, when downtown there was nothing there.
You know, but I've been here when those buildings before those buildings came up, the mark and so on and so forth.
Um I was at State Street at the time, and uh you know, downtown has evolved.
We can't like change for people.
People need to change for what downtown is and what happened and whatnot.
And that's that's what it is.
We can't sort of just say, oh, well, you moved here and now we we we gotta sort of you know be what you want us to be.
And that's that's kind of how I look at it.
Okay.
Okay.
I I'm I'm going to close with the comment that what Commissioner Alpert and Commissioner Batti just said was really a good reason for us at some point to come back with zones because they're focused on the noise downtown, and there are people in residential neighborhoods who are upset by I mean non-downtown residential neighborhoods who are set upset by the noise.
So this ordinance as written is not going to be good for the sleepy residential neighborhoods, which are only sleepy when one of the neighbors isn't disrupting things.
So um called I don't disagree that there should be zones, but right now that's not before us.
You know, that's something that we could add later.
Okay.
So um I we will call for a roll call vote.
Thank you.
Um Aaron Cutch?
No.
Albert?
Yes.
Betsy?
Yes.
Or no.
Motion fails.
It failed uh two to three.
Yes, correct.
So I can try to craft a motion.
Another motion, third motion.
Third motion.
I can try.
Um with three three parts to it, I guess.
Okay.
So one part is talking about this, what's before us here, plus the Miami ordinance, which includes plainly audible, with some changes that I would like to make to former vice to Vice Mayor's former motion.
Another one would be a study and then the other one would be looking maybe even a piece of that study, what that study includes, would we be looking into zones and some of the other items that were mentioned.
So maybe it's only a two piece motion.
Okay, let's make it simple.
Okay.
So that was an outline of what I'm going to try to craft.
That wasn't the motion.
Okay.
Just an out of okay um all I was going to say was the study could be an independent motion if it can be a little bit okay.
Yeah.
So a two piece motion one of them, the second piece will involve but they work together.
Okay.
Um adopt on first reading 5518 with the Miami Ordinance talking about plainly audible.
The decibel level at 65 day and night the hours 11 to 7 plainly audible measured at 100 feet all of the standards for the sources that were mentioned.
And then for the exception nights that is where um the federal holidays don't make sense but New Year's Eve and July 4th don't either I was thinking something along the lines of between first and second reading getting input on the number of holidays or exceptions that we can add to the ordinance.
Because I don't know right now you know veterans day is you know kids go to school.
I mean there are there this needs more discussion in my opinion because that could really help this ordinance pass if we have some exceptions that are real.
Well to um just point on like you say a veteran's day that could fall on the weekend.
Right.
So you know I think we can't necessarily base off just the well well the weekend the time is is set 11 11 P to 7A which is was what is recommended by the attorney for just or that was recommended by by the community for ease of enforcement so I think that's a help for enforcement.
Although that section the those exceptions for those days appear in the context of the current maximum decibel limitation the plainly audible was just seven nights a week across the board 11 to seven so there are new exceptions that are created if you're talking about it in the context of plainly audible that's a different section from the maximum decibel limits which is where those exceptions appear right now.
Now we can do what you're saying and take a look at those but you know that you'd have to create new days so you're not really bound by what's there when you're talking about the plainly audible standard if you want to bump that an hour or two later for two or three holidays you know that's something if you're liberalizing it could be looked at and reported on and decided when it comes back for second reading if you don't think you can get there today and you need some more information brought back that that is doable.
Okay.
So do you want to repeat yes adopt ordinance 5518 control number uh 245518 sixty five sixty five decibels day and night seven days a week eleven to seven eleven to seven plainly audible hundred feet mirror Miami.
The Miami mirror the Miami that keeps it simple for plainly audible so there's no decibel component of plainly audible it's just if you can hear it.
So if you want to do you know plainly audible separately there doesn't have to be any reference to decibels.
Okay.
Okay.
But you're saying 65 decibels for the construct of 5518 that's a separate question now that's in the maximum decibel and see that's what I've been saying and everybody's been agreeing and you you really need the consultant because they're at 75 now and that's like a half reduction if it goes down.
So you you seem to be mixing the maximum decibel and the plainly audible and I I think the two motions one should address one standard and one should address the other.
Okay.
And you're not going to increase to midnight on Friday and Saturday night.
See I'm just uncomfortable with adopting anything right now without having a a consultant study.
Well that is an option.
I mean, you I thought maybe you wanted to go this far having spent this much time on it to do something while the consultant you know is engaged and they'll work at their own pace that may take months or or or longer, we don't really know, but um but you don't have to.
I mean you can just defer the whole thing.
I would agree with you on that.
Could we do the mirror Miami for plainly audible and hire a consultant to to take us the rest of the way?
But we'd still have to adopt this ordinance, Miami hire a consultant.
You don't have to adopt this, but that could be a viable option.
And rather than do it seven nights a week across the board with no exceptions, you could push it back an hour weekends or on certain holidays, or you could leave it as is, just you know, no seven nights a week.
You could you could always liberalize it.
It's just you know, the seven days a hundred feet away, eleven to seven is the base.
You can liberalize it from that, and that that won't be an issue.
12 on a weekend.
You could which would be consistent with you know the decibel lowering and then out on the weekends to just do this much and get the plainly audible standard adopted so that after those hours at least that could be employed.
But that's up that's up to the commission.
You always have the ability to hold everything until the consultant.
But you know, I thought the part of the point of this was to get something done, that's all okay.
Yes or no.
You go ahead and make the motion.
I'm going to go to the case.
Okay, so are you well level the so you would draw your motion?
I'm withdrawing the motion.
I would like to hear what the mayor has to offer him as so I am moving that we mirror the Miami Beach uh ordinance regarding plainly audible.
Um we will um liberalize it by extending the 11 o'clock to midnight on Friday and Saturday nights.
Okay.
Is there a second?
I would second that.
Mayor made the motion.
Uh Commissioner Batiste seconded.
Is there discussion on the motion?
Maker of the motion.
I I think I'm discussed out.
Okay.
Commissioner?
Um, I'm good.
Thank you, but Albert.
Oh, Commissioner Alpert, I'm sorry.
Yeah.
Um by adding in adopting the Miami standard, we're keeping though everything is as far as plainly audible.
We're keeping the current hours.
Yes.
The decibel part would not be changed because we agreed that the motions would address maximum decibel and plainly audible separate, and there would be one address.
So you could keep the decibel levels the same.
Do this change to plainly audible as an interim measure.
You could always change that after the con if the consultant recommended something different.
Right.
And then the hours will remain as they are now, correct?
I think it does make more sense to do it this way because then you don't create set up a conflict between the plainly audible and the maximum decibel that are existing right now.
Okay, but what do you now what do you mean?
I mean that the If we're adopting the Miami standard for plainly audible, then we're taking it from the latest is 11 o'clock even on the weekends.
No, no, no.
The motion was 12 o'clock on the weekends, which what I was saying, uh Commissioner Albert was that is consistent with a maximum of decibel.
All right, I can support that.
Commissioner Betty, did you have a question?
Uh no.
Okay.
Thank you very much.
Any other discussion?
So let's vote.
Roll call.
Thank you.
Albert.
Yes.
Betty?
Yes.
Or it?
Yes.
Trice?
Yes.
Air and cut.
Yes.
Oh, thank goodness.
Motion passes unanimously.
They have another one though.
To um hire a consultant to direct them to do a sound study on all the items that we need that have been discussed.
Second.
Third.
For clarification, and that specifically includes maximum decibels and zones.
Okay.
Motion on the floor from Commissioner Ahern Kutch and seconded by Commission.
Commissioner Batti was to hide authorize the hiring of a consultant to do a study that will recommend where we go from here.
With decibel levels and zones.
Okay.
And any other asundary matters related to the sound ordinance.
Maker of the motion, would you like to speak to it?
No, I've spoken to this.
Okay, so any other discussion on it?
Roll call vote, please.
Thank you, Betty.
Yes.
All right.
Yes.
Yes.
Albert.
Yes.
Motion passes unanimously.
Do we need anything else?
I did have one question.
Because be careful.
You know, I I I'm trying to be I will.
The exemptions section that had been discussed with the exemptions and the exceptions that I said wasn't, and here are those things that came up.
Just to be clear, is that included in what the consultant will look at, or did you want to have some sort of a separate conversation about that?
As regards to uh you know, these exceptions that were talked about, like for the road construction and the school board and the special events, or is that inside or outside what the consultant will be asked to look at?
That's the question.
It it that's a consultant for you, is it?
Well, you could.
As I said, you can ask the consultant to look at anything.
You can say these exceptions reasonable, or you can discuss them.
I don't think it requires the services of a consultant.
I think the three things I mentioned do, and I think that's what you intended to include, but since there was some mention in reference to that, it's sort of left open what you wanted to do about that.
And maybe nothing.
I guess there's three choices.
Nothing or bring it back for discussion, or put it under what the consultant's supposed to look at.
I definitely think that we need to have a discussion about those items.
Um I don't know if we need a consultant to do that, Mr.
Farney.
You've looked into that.
So if that's clear.
Welcome back.
We are resuming the December first regular city commission meeting.
Move some things around.
So what we will be uh handling first is item nine point one from Unfinished Business.
Good afternoon, Commissioners.
Um Jerry Fogo, Parks of Recreation.
I have with me the wine deposit general manager of Parks and Recreation.
It's a one-story option.
Uh fund balance was healthy, uh projects were moving forward full speed ahead.
And then, of course, unfortunately, two storms that hit us in everybody, right?
So residents were devastated, businesses were devastated in the city with uh no exception.
Uh so obviously the fund balance is depleted, uh projects have been pushed out.
Um funding sources are used to repair mostly parks.
Uh so obviously the city's in a different financial position than it was.
So, you know, we thought it prudent to present to you just another option, a less expensive option uh for your consideration.
Hopefully, you know, commissioners, whatever you decide, parks and recreation will embrace uh it will ensure that it's a quality project.
Hopefully, you know that.
Uh with that being said, I'll turn it over to Mr.
DePazos for their short presentation, right?
Brief.
Correct.
Thank you.
Mayor, Vice Mayor, uh Commissioners Juan Deposos, Parks and Recreation.
Um just a brief presentation this afternoon.
Uh just a little project timeline history.
Um, even before January, we had public outreach and public input on the Bobby Jones Clubhouse, but in January, the in January 10th of 22, um, you all approved the agreement with John Swift construction for the design of the clubhouse, cart storage, the Gillespie building, and the parking lots.
In uh May of 23, we came back to you with a two-story option that you gave us direction to go and build for or design for seven and a half to nine million.
In September of last year, we came back with the site plan approval, and that motion was continued uh to complete the design of the clubhouse.
The inspiration behind the design is if you see up on the upper left hand corner, uh, the original Gillespie Clubhouse.
Uh we've got some other examples here that kind of gave us the inspiration.
And this is the um design concept for what we have designed today as 100%, which is a two-story clubhouse.
A couple more options or more slides.
Um the floor plan as design is a first floor with a pro shop on the left hand side and cart storage on the right hand side, somewhere in the neighborhood of I think 70 carts.
The second story has some offices, and then the restaurant on the right hand side with indoor outdoor seating and a dining capacity of roughly 200 to 220.
The two-story design in September of last year at 60 percent, we were at 9.5 million with a 6% contingency.
In today's dollars, that is up to 11.2 million with a six percent contingency, and we still have the site plan approval pending.
Now the funding strategy that we have are presenting to you today for the the two-story is as follows: 10 million from penny sales tax and 1.2 million remaining from Bobby Jones construction fund for a total of 11.2 million.
The 10 million penny comes from 4.5 million from Bobby Jones Nature Park.
There was a $5 million allocation for five years.
We keep $100 in the nature park, $100 every year, and the balance would go to repay the loan on the clubhouse.
And then the second part of that is $5.5 million from future park projects, and that includes upgrades or installation of amenities, playgrounds, Zebos, you name it.
The um the way we'd pay for this is there'd be three million cash on hand, 1.2 million from the remaining Bobby Jones construction proceeds, and then the first two years of the penny allocation from 2425 and 2526, leaving you a debt issuance of 8.2 million, again, 84 through parks and recreation and penny funds.
Um the debt issuance terms loosely kind of uh shown here would be a seven-year financial period financing period, um interest rate of five, annual payments of 1.3.378 million, and you can see the difference between the 8.2 million debt and 9.2 total cost of the debt.
The timeline for the two-story, again, we've got it designed so we would have to go through final pricing and permitting, a one-month for contract amendment for John Swift's uh contract, and then a 13-month month construction for a total timeline around 17 months.
Now, a second option is a one-story design.
Um I caution you not to put too much into these renderings.
These are very loose renderings.
Um the idea would be to mimic the two-story in terms of design looks, but just without the first story.
Um this it might be some way of of what it would look like, um, having the dining on the left with the pro shop, and then the cart storage on the right, breezeway in the middle.
Uh this has a dining capacity, 60 to 70, possibly more with outdoor seating or events as as needed.
The one-story design option does, we would have to go through design and construction plans.
It would have a reduced restaurant, golf shop, and offices.
We would have to go through uh DRC review, planning board, city commission, but the cost of this one today is around 7.2 million with a 6% contingency, and that includes the redesign.
Um the funding strategy here, very similar, penny sales tax, and 1.2 million remaining Bobby Jones, 4.5 million from Bobby Jones Nature Park, but this time 1.5 million from parts projects, much smaller.
Same uh slide here, 3 million cash on hand, 1.2 from Bobby Jones, uh first two years of penny, but the debt issuance here would be 4.2 million, and then the financing options here are a little different.
There'd be a five-year financing period, better interest rate, annual payment of 933, um, and the difference in in total cost that is is a little less.
The timeline here we're looking at about a year extra because of the design, so we go through final design, eight months, site plan approval, uh intermixed in there, and then final pricing, contract amendment with John Swift, and construction of 12 months.
We had indigo do a pro forma on both options.
Now, this what you're seeing here includes all golf operations, uh so not just the clubhouse, but all golf operations.
And you can see that two-story has a little better revenue, but the expenses actually put the net revenue better for a one-story option.
Uh this is sort of a presentation recap of the two options.
Um, so you can kind of see uh uh two-story of the seating capacity, the debt issuance, um, the terms.
And so for the reasons we've kind of outlined here, um, our recommendation is is to have us go and design a one-story clubhouse uh that has a cost savings of five million and and an additional revenue total of 200,000 more than the the two-story option.
So with that, um I know Jerry mentioned that there's a companion item to follow.
Um that will be a vote whether to approve or deny the site plan.
Um if we go with a one-story, you would deny it a site plan.
Thank you.
We do have uh several people signed up to speak, so we will ask you to return after they've finished.
Uh Norm Dumain, Leo Fitzgerald, uh Martin Hyde, and Sean Pearson.
Okay.
Mr.
Dumaine, would you like to start?
Certainly.
Okay, my name is Norm Dumain, and I'm a resident of uh Sarasota City.
And I just have uh two uh brief points to make about uh the plan for uh the clubhouse and Bobby Jones.
Um first I'd like to talk about the allocation of the penny tax.
That was a thoughtful and thorough process.
It involved a commission created citizen uh committee, public meetings, commission review, and commission approval and vote.
The result was to allocate five million dollars to the Bobby Jones Nature Park and $25 million to the parks and recreation uh department.
That decision was not by happenstance.
It represented the citizen's strong desire for the development of the nature park.
Moving the allocation of funds directed to the clubhouse overturns and ignores the wishes of our citizens.
That seems to me inappropriate.
This change might well have unintended consequences relating to the fundraising for the nature park.
The city has been working with Big Water Conservation Foundation to finalize a public private uh fundraising agreement.
They've been uh working on this since uh January 2022.
Philanthropists want to know a city is supportive of a project.
Taking uh 4.5 million dollars allocated for the nature park development might suggest a lack of city support.
This could have a dampening impact on fundraising that the city is hoping uh to benefit from uh I would suggest two things.
One move forward with the fundraising agreement with Big Waters Conservation Foundation.
We've waited too long for this to happen.
Second, honor the citizens and previous commission's uh decision to allocate 4.5 million dollars to the development of the nature park.
This is a unique nature and conservation area of the city, the only one of its kind.
It deserves the city's full attention and make it the best that it can be.
Thank you.
Thank you very much.
Um Fitzgerald, resident of uh District 3 in the city.
Madam Mayor, Madam Vice Mayor, Commissioners, Mr.
Bollock, Mr.
Robinson, as chairman of the city's parks, recreation, environmental protection citizens advisory board.
I'd like to advise you of a motion made on this subject at its November 20th meeting.
The motion made read.
The board recommends to the City Commission denial of the two-story site plan and direct staff to move forward with the design and construction of a one-story clubhouse.
After discussion, this motion was adopted unanimously.
In the spirit of full disclosure, I want to make clear that I am completely in favor of a one-story facility which includes a golf shop, a food and beverage function oriented towards breakfast, lunch, and after golf refreshments, seating 60 to 70 patrons, and an area for our cart fleet.
To do anything larger invites financial risk, as our neighbors just down 17th Street are now finding out.
As I've stated here previously, an axiom of the restaurant business is that square footage will kill an operation.
By staying true to our mission of delivering a high-quality municipal golf experience at a fair price, we have been rewarded with outstanding loyalty from our patrons.
We need to extend that mission to our clubhouse operation.
During our discussion, the idea was raised of building a structure which could be added on to in the future.
I think it is important to remember that our need for capital investments does not end with a clubhouse.
My list of other capital improvements, including upgrade our maintenance facility, replacing shell paths with concrete paths, and continuing to purchase rather than lease uh both our carts and our maintenance equipment, and do that through a funded depreciation account.
The success of the renovation of the Bobby Jones Golf Complex has been the result of many decisions by this body.
Today's decision is just one more step in this process.
The prep board and I personally urge you to continue this winning streak by discarding the two-story plan in favor of a simpler, less expensive club one-story clubhouse.
I thank you for your time and consideration.
Thank you.
Uh Mr.
Hyde.
Indeed.
Well, remember, you know, I was back here back in the day running for a seat with you guys when Bobby Jones was a halt.
That's how you talk back there in uh 2016 and 2017.
So it's been a years-long process, and it should have died and ended with the 20 million bucks that you spent on the course redesign.
What you're being asked to decide, apparently here, is whether to waste 11 million dollars or 7 million dollars, which is the financial equivalent of being asked to decide between the electric chair or firing squad.
Option three, nobody seems to moot, is to do nothing at all.
To recap the timeline, May 23, 7.5 to 9 million, 924, 9.5 to 10 point and then 1025, 11.2 million dollars.
Now I don't know what kind of inflation we're supposed to be living in.
Um but this sounds like bait and switch to me.
You know, you feel like you're invested in something that far, you've got to do something, but um the gross revenue that they're talking about and showing you on that stuff, eighty percent of it, you're gonna get anyway.
So what you're being asked to do is spend seven to eleven million bucks to maybe break even in a restaurant.
That's the truth.
There's no truth that this is going to raise revenue and raise profits, it's not true at all.
Green fees and the sales are already being received, so the numbers are deliberately misleading.
How much new revenue is being created by the seven to eleven million dollars?
No answer to that because they don't know.
Without that, it's not a business plan, it's a suicide plan.
The architect plan, if you read it, said 400 to 600 dollars per foot.
Now, this is right at the top end of that, but this isn't a 17,000 square foot restaurant office restaurant as uh uh uh substantial portion of it is effectively a garage or a car pond.
One thing that is just astonishing to me, is you asked John Swift to give you a design, and now you appear to be saying this is John Swift's project at 600 bucks plus a foot, which you can build a bayfront mansion for.
It is outrageous to spend millions of dollars without a competitive bid.
And I can't even imagine that it's legal.
Blatant cronyism with the usual suspension has to stop.
Okay.
Thank you.
And Sean Pearson.
Hi, thank you.
My name is Sean Pearson.
I am uh a co-founder and president of Friends of Bobby Jones Golf Club Incorporated, uh local not-for-profit, and served uh on the prep board for seven and a half years, uh, all of which uh during or all of which time I was in the Bobby Jones seat, if you will, uh, with several terms as um vice chair on that committee.
So a few things here.
It's it sounds like there's there's one reason uh that the this one-story option is being brought, and that's because it costs less money.
So I just wanted to look at that for a second.
Uh the two-story clubhouse, uh, it started out uh uh uh budget of between 7.5 and 99 million.
That's an average of 8.1.
I'll I'll use that average.
That was in May of 23.
By September of 24, 16 months, it was priced at 9.5 million.
Uh that's a 17% uh rise.
That's about 1.6% a month average.
In October of 25, uh 13 months later it was priced at or estimated at 11.2 million.
That's another 18% up.
You can see that the cost escalation is is getting steeper as we go farther, at 1.38% per month rise.
So in 29 months, we've had that, we've had that rise, just as we've been sitting around kind of waiting for the drawings to be done.
The drawings, construction documents are now 100% complete.
That means the architect, the structural engineer, the mechanical engineer, the electrical engineer, the plumbing engineer, they've all completed their work, it's ready, it can be built from those drawings.
The price per square foot is at $747 a square foot about, and we're looking now at a one-story alternative at $7.2 million in October 2025 numbers.
If we apply that same 1.3% escalation over the next months that it will take, it's again we have to start from zero, throw away all the plans, thank you, pay all those professionals.
We're going to we're going to be at um uh six hundred, we're gonna be at eight point eight nine million dollars as a budget by the time they're ready to build it.
So it's not today's dollars that we have to think about.
Time is the most expensive thing that we have going.
Time.
Uh further, what do we get for our money?
We had a program on the two story.
That was that went through several commissions.
It didn't start three years ago.
It started in 2011.
And we have a 2015 report from a Bobby Jones Golf Course Study Committee.
They met 21 times over a year.
Just the committee members are 500 hours or more of their time.
And the City Commission adopted and put into the contract for the golf course consultant the a clubhouse that had to have certain elements in it.
The two-story clubhouse plan happens to satisfy almost all of those elements.
So what you're getting for your money is instead of spending a lot to get a lot, you're spending a lot to get a little.
Thank you, Mr.
Pearson.
So I would reach out to check with Commissioner Albert.
Oh, Commissioner Albert, did you have any questions?
We didn't.
If you if you were talking, we didn't hear you.
Try again.
Yeah.
I'm not we we don't hear you, so let's we'll try to figure it out.
Okay.
Uh the Vice Mayor has questions.
Hello, thank you.
So could you explain again why?
I'm sorry.
The net revenue for the two-story building is less than the net revenue for the one-story building.
Because it's bigger and it costs more to run.
Does that sum it up?
Correct.
Okay, gotcha.
And we have recreational facilities that show the same thing.
So the bigger the bigger the building, the operational cost is more.
Okay.
And to the city attorney.
When we decide on this, um, in our in our backup materials was the information from the planning board meeting at which this was approved, the two-story building.
Are we to consider standards for review when considering it?
This is a policy decision which way you want to go.
Okay.
And then there's a QJ that would follow.
All right.
I have a lot of pages here, and I have a lot of questions, but they're not organized.
So forgive me here.
And the kind of building that we're looking at, the two-story building as well as the one-story building.
Are there any tunnel effects?
Because it looks like there are really two buildings with one roof.
Yes, there are.
Yes.
Um basically it takes the uh the car the cards from hole nine to hole ten with a bathroom stop.
So there's a breezeway there where somebody can pull out the case.
Are there any tunnel effects from that breezeway?
What do you mean by tunnel effects?
Wind, tunnel effects, wind.
I don't I don't know.
I I don't think that that would I mean it's uh penny tax.
Oh, were you gonna say something, Mr.
Bullock?
Oh.
Penny tax.
So Mr.
Domain brought up the penny tax.
And explain to me, please, what else the penny tax was specified to be used for?
So uh Mr.
Domain is correct.
Uh you know, the penny tax uh was voted on by the residents and uh for strictly really for the nature park.
So there will have to be a public hearing to be able to move funds over to to be able to fund any sort of clubhouse.
Uh so that can't happen without a public hearing.
Um so you know, William Truly, when we first started down this road, it was 20 million uh for the improvements to the Bobby Jones.
And we were projected to have maybe two and a half, three million left over for a modest clubhouse.
The commission uh decided to go in different directions for a two-story.
Uh we really didn't have a financial plan, if you will, until Mr.
Bullet graciously uh came out of retirement uh and directed parks and recreation uh finance department, public works to put together a a financial plan for a clubhouse.
Um the only couple of sources of funds that parks and recreation has that could fund something of this nature are the penny funds, penny sales funds for the nature park and for the parks and recreation upgrades.
Uh the the penny funds for the nature park, you can only use it for the nature park.
The penny funds for parks and recreation upgrades, you can use it for all of the city parks, recreational facilities, uh so it's more flexible.
Uh so the reason behind uh utilizing more of those funds, at least for the one story, obviously the two-story we're using 5.5 million of parks and recreation upgrade funds.
The reason for the one story to use more is because uh we are hopeful uh to be able to bring uh funding agreement uh from uh Ms.
Christine Johnson Big Waters, uh the second meeting, I think it's the 20th in January.
Um she just sent that over, so we're gonna hope we finalize that and get that on the commission.
Now, Chris Ms.
Johnson is incredibly talented, her team is incredibly talented, has a world of experience uh with doing things of this nature.
However, there's nothing guaranteed, obviously.
Uh so we are hopeful uh that that could happen.
We can get some funding in from that.
Uh obviously that would go back to assisting the build out of the nature park.
Now we did spend 1.7 million.
Uh so uh the five million would not have been needed.
We probably need about two and a half to three million still left to build out the nature park.
Uh so just keep that in mind because we didn't 1.7 or we're in the process of spending 1.7 uh park impact fees uh to build that out.
So have you had discussion with Ms.
Johnson about the possibility of taking uh what was it, 4.5 million away from the nature park, and instead hope that she would bring that money forward for us to use it, the nature park.
Yes, I have had that conversation.
She understood, I explained why we were looking to do this, and she understood that and she was still willing to move forward with the agreement.
Uh she just sent that to us, so hopefully, like I said, we will get that on the agenda for the 20th.
Um but she seems she's very uh positive uh about this partnership that uh we can continue to create a stronger partnership with Big Waters.
And so as you know, I've been a big proponent and fan of what's happening and been happening at Bobby Jones since before uh a shovel hit the ground.
Um it's quite disappointing to me that we have to take any money away from the nature park or the clubhouse for any reason.
And so I don't like that.
Vice Mayor, I I you know I I share your sentiments uh for sure.
Uh I would wish we didn't have to take any funds from the nature park.
That is uh near and dear to my heart too.
Uh obviously that's a special, special park.
Uh, the city doesn't have a lot of those uh parks, really nothing quite like that park, actually.
Uh so I'd love to not have to remove funds from either pot of money if I didn't have to.
Uh that's the only funding source that we really have as a parks and recreation department.
And the city, as I mentioned before, they have moved projects out, and they have used those funding sources to help repair the damage from the storms.
So the funding sources are really thin uh and and so are challenging.
Uh so we're just doing the best we can uh to be able to figure out how to fund a clubhouse.
Uh now you could always give us uh the flexibility, you know, especially with either option to utilize one uh more than the other.
Uh we can always bring back uh uh different type of funds, if if you will, from the two funding sources, maybe use more of the parks and recreation upgrades and less of the nature park.
We can always look at those uh two funding sources uh and bring you back uh another option.
And like I said, it has to be a public hearing anyway.
So I like parks too.
That would be a real hard decision for me.
So September 3, 2024 is when the City Commission approved the site plan application.
Um and you know what happened on August 3rd through 5th?
Debbie.
So I'm sure the City Commission thought we can't get anything more.
That's that's our storm for the year, right?
And then on September 26th, Helen, Helene.
And October 3rd, Milton.
So it wouldn't surprise me if the City Commission, knowing what was in the near future, storm-wise, wouldn't have made a different decision.
So my questions for now, Mayor.
Commissioner Alfred, did you have anything you wanted to ask?
Yes, I still do.
Can you hear me now?
Yes, thank you.
Okay.
All right.
Yeah, I think my headset wasn't connecting for some reason.
Um I was going to ask is number one, this hasn't been designed yet, a one-story, correct?
That's correct.
So how can you estimate what the cost will be of a one-story?
It's a budget number at today's rates, basically.
Um but you're right, until we go through design, and we can we can limit that design uh to a number.
But you're absolutely right.
It has not been designed, so we can't give you a firm number um, but we can we we are estimating at 7.2 million in today's rates.
Right.
But you're talking about at least another year to go through the process.
And so a year from now, what's to say that the cost wouldn't be the same as doing a two-story right now that's already designed.
And Commissioner, I mean you you're correct with some of those things.
I mean, we we would have to bring we we have uh Swift here and his team, so they could maybe talk about that, but really and truly, just so you're aware, and the commission is aware, we don't have a guaranteed maximum price for the two-store.
Actually, the two-story could be much higher than what we're projecting to.
So that's really an estimate cost also.
It it could be, but so could the one story, which then will take an an additional year.
We can we had a one-story originally that came before the commission.
And the commission rejected a one-story and said we want a two-story with a restaurant on the second story, with balconies where people could sit outside.
This was part of the plan.
Um, you know, unfortunately it's taken this long to get through this, but it's been designed.
That's what was approved by the commission.
And so I don't see how we um do ourselves any favor.
If this had been done sooner, um, we could have been done for less.
So I don't see how we help ourselves by delaying it another year with prices continuing to go up, as you know, Sean Pearson said, if you if you figure out it's going to increase, and then we're gonna be back to what we could do the one story for right now that's designed that we already spent the money to design it.
This is what the commission voted on, and so um I am not in favor of going back to a one story.
Uh you finished Commissioner Albert?
Those are my questions.
Yes, thank you.
Uh Commissioner Batti.
Oh, sorry, I was asleep.
No, I I think I removed my name.
Oh, okay.
Okay.
Um, so you don't have any questions.
Okay.
I I I do have one, and it's to understand the seating, the number of uh restaurant patrons that could be handled.
Um, and I do remember when we were discussing uh big two-story clubhouse with lots of restaurant seating, and there was debate, do we really need seating for that many restaurant patrons?
Is this going to instead of being uh golf club um food thing being you know an event center in effect?
Um so I'm I'm wondering the difference between 220 seats versus the 70 seats in the one story.
What is the actual need to support the golf course and the nature park?
Hi, Brian Rhodes from Drew and Golf.
So when we laid out the one story, there's four types of F and D in a golf club.
You have a snack bar, which is what we currently have, you have a beverage cart that goes with it.
State Fred.
Food and beverage, sorry.
Then you have an a la carte business, which is currently like almost every restaurant runs, and then there's banquets and or outings kind of an event center.
So we mapped out and pro forward the one story.
So when we mapped out and pro forward the one story, we did that, and we're saying that there's set 70 seats in there.
That's actually the bar area, which we've run as a restaurant all the time.
There's another 180 to 200 seats laid out in a dining area that we can then run for a la carte events as or or banquet events.
In other words, outings to support.
So one of the major issues that we have when we have a shared room, especially when we look at a two-story that was designed and showed to me, is if I sell it for an event, then I close out the restaurant, right?
Because I don't have one space.
So I don't have separate spaces.
So if I have everybody coming in Friday nights for dinner and it becomes very popular, now do I shut it down to have a wedding or a golf outing?
And it's one of those that it's hard to create a restaurant business, a la carte business.
And what we see is that most people go to a banquet business.
And all three of those are different.
I mean, obviously snack bars are very profitable.
We're running at about 35% profit margin right now.
We can run it close to 40 if we need to.
If you look in beverage cart, I include with the snack bar.
When you look at a la carte, we run anywhere and our we have 900 facilities around the world.
We run anywhere from negative 20 percent to about 25 percent in a la carte.
And our best places run at 25 percent.
Most of our private clubs are subsidized.
So in other words, you're getting a great meal, but it's really coming out of your dues, your membership dues, which we don't have, obviously, it's public facility.
So and then obviously banquet will usually run in 20 to 30 percent.
So it's it's a great situation.
And when we laid out the one story, it was having separate rooms that we could we could come off, we could seal off so we could have a golf outing and still have restaurant people, so you could still eat there on Friday night or Friday afternoon or whatever it is, or service the golfers.
So I'm I'm trying to figure out what I heard you say that for the one story that would enable you to ultimately we optimized in utilization in space for staffing.
Okay.
So I mean, we're able to come in and and make the space lay out the way that we think will work best, and then and keep the staffing levels down.
Because the the higher up we go in food, the more overhead I end up with.
I have an executive chef, I have a food and beverage manager, I have a sous chef, and I may even have a salesperson at some of my bigger clubs.
I'm I'm also wondering about the time of day issue.
I mean, you're going to have time of day when you have the golfers and the nature park people coming, and it would seem to me that some of the banquet activity would be in the evening when you don't have the golfers and the nature park.
Is that correct?
And and would you have to separately staff for evening?
Yeah, and we're able to do that usually with part-time staff.
And it's like I said, that's a profitable part of the business that we can't kind of can we do it very well.
Obviously, a la carte is a very hard business, as you can see.
Many restaurants go out of business, they come in, they go out.
That's a that is a tough margin.
It's a tough business.
So I've anything that can support the golf course and the people that we already have coming is what we focus on first and foremost.
And then we kind of look at is there low-hanging fruit over here I can pick, or how can I drive?
Ultimately, is you know, we have to increase revenues.
Year over year, we're gonna have increased cost, and there's only so many rounds that we can host at a golf course.
So we're always looking at other revenue streams.
Okay.
Thank you.
I I was also looking at the diagram trying to figure out the two-story with 220 seating in the restaurant that included both the indoor dining and the balcony dining.
Now on the one-story diagram, you had an indoor dining area, and then you had a cloud on the bottom.
So outdoor dining, yeah, I know.
But is that outdoor dining included in the 70?
Again, the one story gives you a lot more flexibility because you're at the same level.
So you can expand out as as much as room will allow and as much as events will you know need.
Um I wouldn't be too focused on the layout that we showed for the one story because it's very conceptual, and we would go back and redesign to maximize the restaurant.
Uh I was just trying to get this uh the 70, was that the indoor only or indoor plus outdoor?
Probably uh, I think the 70s are in the middle of the year.
70 was the the bar area for the most part is what I would call it that would be open all the time when golf is working.
Right.
And you know, and then obviously you have another 150 over here in a kind of a dining area that we called it or a banquet area.
That it was laid out in the one story.
Okay, I do not have a lot of people.
And then there was then there's an opportunity on the back of the clubhouse there to to have outdoor seating.
Okay.
It just gives you a lot more flexibility for expansion and contraction.
So ideally you're saying you would be able to handle as many people who wanted food and beverage as ultimately the same, we have the same number.
We just can't handle them all in the same room, right?
I'd have two twenty in one room.
This one I'm gonna have 150 and I'm gonna have 70.
I mean, we certainly can work on the layout, but I think that's you know, when we sketched it out in one and we kind of embraced it and did the square footage, it's it's what we thought would work best.
But and and you also said you just as soon have the golfers in one area and the you know banquet type people in a different area anyway.
If we're gonna sell weddings or you know, golf outings, they they prefer some privacy.
Okay.
You don't want the hot and sweaty golfers mixing in with the people who are all dressed in the room.
We'll put pool tables in and all the rest, right?
Okay.
Those were my questions, and I see Commissioner Batti has a question.
Finally woke up.
Uh thank you.
Um so I want to ask, so you said you the golfers over here and then the the restaurant or patron seating over.
Can you is there any way to like partition it where you can it will be partitioned, so it could be open.
Okay.
Uh excellent.
And would as a food and beverage person, will you have like a full bar and uh and and so on?
Yes.
All right, excellent.
And now one of the questions that that I had with the two-story, and it particularly when it came to the square footage and the cost and whatnot.
And I think we spoke about this um, Mr.
Fogel before.
And um the the the cost per square foot and it being factored in with where the golf cars were going to be, you know, or what have you.
Um so there would be no golf cars where where this is where this design will be with the one story.
The current one story has a the cart off to the side, and then there's a breezeway, and then what what I consider the club one story clubhouse.
Okay, okay.
Um because shouldn't the square footage the price be different for like area that's just gonna be storage or something like that?
This the cost per square foot.
I would say if you're gonna go util utilitarian, it would certainly would be, but you're trying to match in the same area matching the same design.
So I think it would probably be similar, but I mean obviously John Swift's here, they can quote you a lot better than I have.
And when we get into the design, we can look at other options, but it's essentially a one-story that we're looking at for the clubhouse.
Whether the cards stay where they're at, perhaps maybe there's another option.
Yeah, yeah.
You know, uh and you know, I'm okay either way, but you know, I'm fine with the one story is as well.
I mean, I think the one um part that's kind of disappointed is the losing the observation deck uh uh uh I'm assuming because I know that was a key component of the of the two-story web, and a lot of people wanted that.
But those are my questions, Mayor.
Commissioner Hern Cosh, did you have anything?
Oh, yeah.
No, I'm ready to make a motion.
Oh, well, Commissioner question.
The Vice Mayor has more questions.
Um we were talking about outdoor seating.
Uh I'm assuming that's for events where uh they could bring a tent, a party tent or something in.
I see a lot of tents there now.
Yeah, we for events.
We do uh outings we we're bringing in tents out all the time for events.
Obviously, I like something a little more permanent structure than a tent, especially during hurricane season.
I mean, getting the staff to go up, put it up, take it down, it it it shortens the lifespan pretty pretty dramatically.
But I mean uh we've been building we have a lot of projects in Florida where we've been going out, right?
Outside, outdoor events, there's louvers, some other things.
There's other options available that um we can always discuss.
But I mean I think COVID taught us the more that we can have it separate ability to have another spot, it certainly helps.
Right.
And my second and last question here is you said that moving money from the penny tax where it's uh was originally designed to go over to the nature park would require a hearing.
Yes, it would require a public hearing if you're moving penny funds, which were uh like I said, voted on by the residents for the nature park.
If we were to move it to the to the clubhouse project, it would require a hearing.
Right.
What would happen if it didn't pass to do that?
Then what?
Then we would probably look at using more of the park and recreation upgrade penny funds.
Which will be pretty devastating too, because obviously that funds everything.
Picnic tables, pavilions, uh restroom upgrades, playgrounds, uh fencing, lighting, uh HVAC units, uh, heater chiller systems, uh go on and on.
It is a critically important for parks and recreation.
We use that so much.
Uh without it, we'd be in serious, serious trouble.
Uh so but we would have to look at that that funding source.
I don't have any more questions.
Okay.
Um Commissioner Albert, before we end questions, do you have anything?
I do.
I do.
I am trying to understand why um it's possible to create a separate space for events with a one story than it is with a two-story.
The restaurant itself is still one story, so can you explain to me why that couldn't be segregated in the same way?
I'm not saying the one story, the restaurant is just upper level, but it's still a one-story restaurant.
Correct.
I'm not saying it it can't be separated that way.
I'm saying the design that we were given was not separated that way.
But it could be.
I believe it could be, but I think you're probably going back to the drawing board on design.
Well, but the same with the one story, isn't that correct?
Yep.
Okay.
All right.
So it's the it's the exact same thing.
We don't have very many event spaces in Sarasota, do we?
I have not done a competitive market analysis, so but I'm gonna say there's quite a few hotels that have a lot of event spaces, but I think we'll do very well with the golf audience, which is close to obviously.
You would do I think our golf course would do.
Uh you know, that was one of the ideas behind um having the larger space and having a more desirable space on the second level.
Okay, thank you.
Okay, and I believe Commissioner Ahern Kotch was ready to make a motion.
I am, if we're ready for that.
Um I would move that we recommend to move forward with the one-story option.
Second.
Okay.
Motion by Commissioner Aher and Kutch, seconded by Commissioner Batti to move forward with the one story option.
Is there discussion maker of the motion?
I'll just say that you know, we always need to be fiscally prudent, but especially now, more than ever before.
Um I attended all of the meetings that we had with the community, the golfers, the residents, um, staff, everybody involved.
We had multiple meetings, and this was a while ago, but the vast majority of the community wanted a great golf course, um, a municipal golf course that was affordable, a place where they could play where they weren't standing in mud, um, they cared so much about the golf course, much less about the clubhouse and and the rest of the the facilities.
They wanted a simple uh place to have a you know, a hot dog and a beer.
They wanted um lockers and bathrooms and a place to gather.
Uh and so I'm hoping we can continue to try to stay true to what the you know the community wanted, what we can afford.
Um, and I am not at all in support of taking funds from our parks, our playgrounds, our walkways, our fences, our chillers, and the rest of it, the parks department suffers far too often from sticking hands in their funds and using it for other things, and this is not something that I'm in favor of doing and or continuing to do at all.
So I strongly support that we move forward with a more fiscally responsible and prudent one-story option.
Okay.
Um Commissioner Batti.
Uh yeah, thank you, Mayor.
Yeah, I I echo those sentiments as well.
You know, the number of people that I know and have spoken to that frequent Bobby Jones play out there on a regular basis uh and and love the job that you all have done out there and what you're continuing to do that enjoy that course.
Uh you know, that's all they talk about is you know the golf.
I I haven't actually heard anything about the clubhouse.
No one said anything to me about the clubhouse in terms of like, oh, when do you all get in the clubhouse or when I've heard more buzz about the dag on bathrooms than I have about the clubhouse?
So I I don't you know have a problem with us going the route that we're I'm trying to go in a uh uh as Commissioner Albert, did you want to make a statement?
Yes, I'm gonna I'm gonna make a statement.
Um as you know, probably most of you know, and and I'm sure uh Jerry knows.
I usually back up the staff's recommendation, but in this case, um I am not going to.
I don't think this is the fiscally responsible thing to do.
I think we're gonna find ourselves in the same pickle in a year from now, and um I would rather do nothing and keep the trailer there until we can come to uh a decision to do the two-story golf course clubhouse that we envisioned.
This was voted on by the commission, and so why we're revisiting this, I don't you know, I don't know, but I totally disagree with it and I'm not gonna support it.
Okay, thank you.
Uh Commission advice mayor.
Thank you.
Um sorry.
I know well, um many of you know this is my backyard.
And um I spend a lot of time walking in the nature park.
Uh everybody I know who golfs there is so pleased with the golf course.
And they were actually very surprised when the city commission voted for a lovely two-story clubhouse.
They had no idea where that came from because they had never talked about it.
I too went to all of the meetings at the old Bobby Jones Golf uh clubhouse, and um everybody was so excited about it.
I think uh the one-story clubhouse um would be more in keeping with what the people in the neighborhood want and what they're they were accustomed to doing at Bobby Jones Clubhouse for years.
And I don't see in my mind the grandiose two story golf uh clubhouse as being appropriate for that type of situation.
I also recognize that there are um private golf clubs within our area where they've just gone out of business and closed up shop.
So based on that, I think the one story is appropriate for municipal golf course and nature park.
So I would be supporting that and uh time for a roll call.
Thank you, Mayor.
Betty?
Yes.
Alright, yes, we have one last comment.
Okay.
Okay, I think we can't do that.
We're literally in the middle of a vote.
Um, they didn't give me a chance to comment again.
All right.
Okay, yeah.
Okay.
We we all all commented once, but go ahead.
Go ahead.
Um my comment is, you know, going back to yes, a municipal course, but that's why the old clubhouse was a was such a failure is because it was just simple, it was basic, and it sat there and languished and lost money.
And I think this is a total mistake to do this.
Thank you.
So should we start the role call over again?
Oh, you want us to vote over again?
I'll start over.
Thank you.
Um Betty?
Yes.
Ulrich?
Yes.
Price?
Yes.
Ancot?
Yes.
Albert.
No.
Okay.
Uh motion passes four to one.
Um so now we're at quasi judicial public hearings.
Um, and perhaps the uh city attorney will guide me as to how we handle it since we decided to go with one story, so we don't need to do a site plan approval of a two-store.
Is that correct?
That's correct.
This is going to be uh pretty quick, but I think we have a formality we need to go through, so I'm gonna have um Deputy City Attorney John Chamsey come up and just run us through it just to cover our basis here on the formality side because he worked on this project.
Right.
I mean this this should be very quick, uh mayor.
Um I mean basically the city is the is the applicant uh you know in this site plan and based on your previous action you just made that two-story site plan mood.
So I mean we we can open the hearing just as a formality and then have the commission just vote to deny the site plan.
Um you know there does not need to be any cry criteria applied because it's it's uh moot basically so I will open the public hearing and who will who's going to be the first person to speak?
Uh you don't have to explain the quasi-judicial uh process.
Um we don't need to talk about time limits, affected persons.
Um what do we wait where do we start?
Um I I would just ask someone to make a motion of denial.
I would move that we deny site the site plan for um the Bobby Jones Golf Course Renovation Phase Three.
It's quasi judicial item number not 11.1.
Okay, second.
Okay, motion by Commissioner Aaron Koch, seconded by Commissioner Batti to deny the application.
Um just to be clear for the record, we open this public hearing, correct?
All right.
Do we closing it already?
And we're just having the motion.
Correct.
Okay.
Okay, so I I didn't actually close it again.
I want to make sure I just closed it, and we now have we have a motion on the floor.
Okay.
And unless somebody wants to speak to it, I think we're ready for a roll call.
Ask Commissioner Albert if she wants to speak.
Do you want to speak to Yes?
I'm not gonna support the motion because I think we should approve the site plan for the two stories.
Okay, thank you, Commissioner Albert.
Um anybody else?
Okay, roll call.
Orrit?
Yes.
Trice?
Yes.
Ancot?
Yes.
Albert.
No.
Betsy.
Yes.
Okay.
And motion passes 4-1.
Thank you very much.
Um if I'm looking at our numbers, we are now at new business, and the next item is approval uh authorize the mayor and city auditor and clerk to execute the lease agreement, uh Pioneer Park with the City of Sarasota and Historical Society of Sarasota County.
Is that the right one?
Mm-hmm.
Yes.
Okay.
Yep.
And I will call upon oh, there she is, the business district manager Ryan to make a presentation.
Good afternoon, Julie Ryan, Business District Manager with my real estate hat on today this afternoon.
And so what you have before you for consideration is um a lease renewal for the historical society of um Sarasota County, who currently um has leased property at Pioneer Park, which is located at 1260 12th Street.
They have been tenants of the City of Sarasota since 2006.
Their original lease agreement was for the relocation of two historical properties that they uh relocated to the site as well as now um maintain those two historical structures as well as conduct tours and serve a public purpose in that.
The historical society is requesting a 10-year lease.
Um their current lease expires at the 31st of December of this year.
Um they are also looking to continue with their sublease agreement with the Sarasota Alliance of Historic Preservation.
Uh City South is recommending uh that we conduct a new lease to have an initial five-year starting term with an option to renew, which would be at the request of the city commission.
Um additionally, um we did have the property appraised.
You do have a copy of that in the agenda material.
The proposed lease payment for the historical society would be a hundred dollars um annually.
Again, knowing that they do have a public purpose as well as they are responsible for the entire leasehold as well as the maintenance of all the buildings.
So with that, I will answer any specific questions.
I believe we have somebody requesting to speak.
No.
This is something else that was answered.
Next item.
Next item.
Okay, thank you.
Commissioners, questions for Ms.
Ryan.
And none.
Okay.
I will not check with the Commissioner Albert.
Do you have any questions for Ms.
Ryan?
I don't have any questions, and I wonder then why the Commission bothers to vote then if we don't follow our vote.
I didn't hear that clearly.
I said I don't know why we bother to vote on things when we don't even then follow our own votes subsequently.
Actually, I do have a question.
I think it's clarification to some extent.
The lease to the historical society conveys to them the responsibility to maintain the buildings, each of which is over 100 years old.
So I would imagine that the maintenance cost is not trivial.
Correct.
Okay.
So I'm think I'm looking at imagining how much it would cost the city to maintain the buildings, and in addition to providing security if it wasn't occupied by the historic society.
So it seems to me that this is a fair exchange, the hundred dollars a year and them handling keeping those buildings alive.
Exactly.
So yeah, sounds like a good deal.
So thank you.
Is there any other questions?
I have a motion.
Okay.
Thank you.
Um I move to authorize the mayor and city auditor and clerk to execute the lease agreement, Pioneer Park with the City of Sarasota and the Historical Society of Sarasota County, Inc.
Okay.
Second.
Motion by the Vice Mayor, seconded by Commissioner Agar and Touch.
Um Vice Mayor, would you like to speak to your motion?
This is a win-win situation.
I'm glad we're moving along with it.
Okay.
Commissioner Ahern Codge.
Um win-win.
Commissioner Albert.
I have nothing to add.
Okay, so win-win.
Okay.
So call for a roll call vote.
Thank you.
Trice.
Yes.
Aaron Cotton?
Yes.
Albert.
Yes.
That's E.
Yes.
All right.
Yes.
Okay.
Motion passes unanimously.
Um, and we are now at item 12.2.
Um, and this is uh discussion regarding the vacation rental expansion feasibility report.
And I'm calling upon vacation rental supervisor Chabica to make the presentation.
Hi, yes.
Yes, so good afternoon.
For the record, my name is Hannah Chapika, supervisor of vacation rental compliance.
And today I'll be presenting an overview of the vacation rental program and the related performance and compliance data per the direction of the city commission.
Since Chapter 34.5 was adopted in 2021, the vacation rental program has developed through a series of incremental ordinances that have refined our administrative processes, our fee schedules, and have increased our geographic scope.
On June 3rd of 2025, the coalition of city neighborhood associations addressed a letter to the city commission requesting further expansion of the ordinance to additional zone districts.
During the city commission meeting on October 6th, staff was directed to prepare a feasibility report for the further expansion.
So Chapter 34.5 vacation rentals is intended to ensure that residents can enjoy the peaceful um neighborhoods and to protect the health and safety safety of the vacation rental occupants and to encourage the peaceful coexistence between the both.
So currently as it stands with our vacation rental program, the Chapter 34.5 currently applies to qualifying vacation rentals citywide within any residential single or residential multifamily zone district, and it does not apply to owner-occupied rentals, condominiums, or rentals that are offered for exclusively 30 days or greater.
And then separate from the registration requirements that were set forth by Chapter 34.5, the city's zoning code regulates the seven-day and seven-night minimum stay requirement, which applies citywide across all zone districts, regardless of the requirement to register.
So on October 1st of this year, our team transitioned to a new vacation rental registration platform, which has improved our internal workflow, our reporting capabilities, and provided a much better means for public communication.
And so as a result of increased enforcement resources, access to data, proactive monitoring.
Staff have identified more than 100 expected registrations that are still outstanding within the residential, single, and multifamily zones.
And this number continues to grow every day.
Our system detects new rentals on a daily basis.
So this report today will provide measurable data related to registrations, renewals, enforcement activity, revenue, and potential expansion options.
The objective is to provide the commission with a clear factual basis for any policy direction regarding the future scope of the program.
So at a glance, as of October 31st of 2025, the cities recorded a total of 574 vacation rental registrations within the residential single and residential multifamily zones.
512 of those were active, and 62 were pending as of the 31st of October.
So this year marked the first renewal period for the mainland rentals.
And so as of October 31st, we've had 78% of expected renewal applications submitted, and we had approximately 123 outstanding applications that we have done proactive communication and reached out to the owners and provided additional information and resources to try to help aid that process.
And so our compliance follow-up and enforcement efforts do remain ongoing.
Since the program inception, January 1st of 2022, there's been a total of 427 vacation rental related code cases.
290 of those cases have resulted in notices of violation.
Most of these cases have been identified through proactive enforcement efforts and are ultimately brought into compliance by working with the owner or their representative to get the property registered.
So some of the most common violations that we see are operating without that certificate and then not abiding by the seven-day and seven-night minimum.
And since January 1st of 2022, we've received 86 vacation rental-related citizen complaints.
82 of those originated within residential single and residential multiple family zone districts, which are already regulated by Chapter 34.5.
Four complaints originated from downtown neighborhood, downtown edge or north trail.
Since the program inception, the total vacation rental program revenue has exceeded around 471,000.
The ongoing annual revenue for the current scope with the current number of vacation rentals that we have comes to approximately 245,000 after this after this year.
While our annual program expenditures currently exceed 400,000 every year, which includes our staffing and compliance technology costs.
So following the city commission direction, staff has reviewed vacation rental activity within downtown neighborhood, downtown edge, and north trail zone districts.
These zone districts are different from residential single and residential multiple family because they allow a broader mix of residential, commercial, and tourist uses.
Downtown neighborhood and downtown edge are located in and around the downtown core, and they include higher levels of mixed use and transient activity.
The North Trail District is intended to accommodate neighborhood scale tourist uses.
While the registration requirements of Chapter 34.5 do not currently apply in these zones, the seven day seven night minimum does apply and has applied citywide, including within these districts.
So upon reviewing the total number of rental units within these zones, it was determined that DTN and DTE contain the highest concentration of identified qualifying vacation rental activity outside of those zones that are currently regulated by the program.
The North Trail district was reviewed as well, but most of the units that we found were condominiums, which are not regulated by Chapter 34.5.
So we've got 62 units located in downtown neighborhood and then 17 in downtown edge.
So any expansion of the vacation rental program would require preparation and adjustments to staffing and resources.
The expansion would impact not only our vacation rental compliance team, but also code compliance, business tax, and other city teams and departments.
So if directed, staff would return with a follow-up report outlining implementation and staffing considerations.
And staff has identified three policy options for the commission's consideration.
Option one would maintain the vacation rental program as it exists today, with chapter 34.5 continuing to apply only to residential, single family, and residential multifamily zone districts.
Option two, a partial expansion would direct staff to draft an ordinance expanding the program into one or two additional zone districts, with DTN representing the highest concentration of potential qualifying units.
Option three would direct staff to draft an ordinance expanding the program into DTN, DTE, and North Trail zone districts requiring qualifying vacation rentals in these areas to register under Chapter 34.5.
That concludes my presentation, and we're happy to answer any questions.
Thank you very much.
We have three citizens who've requested to speak.
Kim D'Aliato, Eugene, and Sylvia Redd.
Kim.
Hi everyone.
Please give your name and whether or not you're city resident.
Sure.
Thanks.
It's my first time.
My name is Kim Daleado and I own a home in the DTN zone in Gillespie Park.
Speak into the microphone.
Sorry.
Had you heard everything I just previously said.
Okay.
So I want to be clear.
I'm not asking to eliminate regulation.
Registration and inspections are a good thing.
What I'm asking is not to adopt or expand this seven-night minimum in this zone or roll it back.
This one change is the difference between being able to keep my home or being forced out of it.
When I learned about the history of the neighborhood, I'm going to get a little personal with it because I can always email you like the fiscal impacts these have on the on the city.
But when I first learned about the history of the neighborhood, I made it a point to buy there.
I felt like buying in this neighborhood is being a part um of a legacy for my black son.
I wanted him to grow up with something rooted here in one of the last neighborhoods where black homeownership has been almost 100% scrubbed.
It's just not a thing anymore in Gillespie.
So after years, you know, due to gentrification and displacement.
So now the home is valued near a million dollars.
And on paper, that looks like success.
But the reality is that the property taxes and insurance are killing me, right?
It goes up every year, and on a Sarasota salary, which I earn just doesn't come close to covering those costs.
Short-term rentals are how I survive those costs.
If you require seven-night minimums, I can't make it work.
I know that because my guests are not week-long, wealthy tourists.
They're parents of children with a range of special needs, oftentimes seeking to avoid public shared spaces, like lobbies and hotels.
They're working couples, they're just all kinds of different people coming in from Tampa, Orlando, all nearby, just doing a weekender.
They're staying there because they can't stay, you know, closer to the beaches or in the downtown hotels.
They just can't afford it.
I screen every guest.
My home is a small six-person cottage.
I've never had a complaint.
I'm one of the residents you never hear from because I'm working, I'm parenting, I'm caring for aging parents.
Um, just like a lot of people, my age in town, right?
Um, so I haven't had the privilege of being here or speaking at every meeting that has looked at this previously.
DTN was supposed to be a vibrant, diverse downtown adjacent neighborhood.
It was never meant to become this HOA type enclave, um, where only the wealthy really can afford to stay.
But that's what will happen if this just continues.
Million dollar homes are replacing working families.
Inadvertently, perhaps.
This is a major win, only for the hotels.
It's for hotels and the people who don't need to make money now.
Thank you very much.
Thanks.
Um, Eugene City Resident.
Uh, I know it's late, so thanks for listening to us.
Um, I took a day off today, actually.
Uh so vacation rental ordinance was passed to uh preserve the spirit of residential neighborhoods, uh quality of life and safety.
And the effect was questionable at the time because so many uh municipalities tried it before and uh it doesn't really work.
Um the program itself it it doesn't have any benefit.
It exists for the mere for its mere existence, okay.
We already have all the system in place to enforce noise occupancy issues of quality of life and safety.
You have, you know, uh sometimes you have one uh visitor cause a ruckus and the police get called, but most of these people are occurring in Nancy from Minnesota.
They come to go to the beach and to the museum.
Um, I on the other hand has really loud neighbors I have to live for the entire year, right?
So you're kind of singling out tourists, you know, especially in the downtown uh areas.
Uh if you don't like tourists, don't live near downtown, okay.
Uh same as for noise uh that you just discussed at length.
And conveniently the staff left out the obvious fourth option is to start reducing these restrictions because they proved useless.
Um I requested you take action to actually examine the the benefit and the effect on the safety, not on uh the department that manages it and the program itself, but what effect did it have?
Does it do what we thought it was gonna do?
I don't think so.
And the report shows most of the complaints is compliance with the program.
It's not safety complaints, it's not uh you know, noise complaints.
It's just oh no permit, okay.
So uh financially wise, we spent half a million of dollars of people like this person, right?
And what do you achieve?
Not much.
So uh there's simply no justification for it, and I thank you for listening in.
Thank you very much.
Uh Sylvia Radke.
Hi, my name is Sylvia Radke.
I am a residence of the city of Sarasota.
Um the city of Sarasota, and I thank you all for your service to this community.
I asked you today to not expand regulations of short-term uh rentals to any additional zoning district.
I recently read an article about one-stop housing finally being granted permission to develop affordable housing units on Fruitville Road.
Politics and other restrictions kept the project on hold for 12 years.
Over all of those years, many people have already been pushed out of the city, which could have been avoided if restricted policy regulations and mindsets did not prevent one-stop housing plans.
My family is based in Newtown on 23rd Street, but we have family in other cities of Florida and other states.
When those family members come to visit us to they stay in uh short-term rentals here near downtown Sarasota for one to four days nights on average, usually four to six of them stay in one Airb home together.
The cost of booking two to three hotel rooms would be too expensive.
Please don't impose more restrictions on short-term rentals here in the city of Sarasota.
Most of our friends and family have been priced out of the city of Sarasota because high cost of homes to buy, high rental rates.
The Rosemary district has completely flipped in all of the neighborhoods north of Tenth Street, are being squeezed by raising the home prices.
Corporate investors, high high taxes and insurance costs.
My kids are there in their 30s and see the value of owning in high value areas of the city of Sarasota.
Individually they cannot afford property property in the zones of TTN, DTE, or NT, and neither can I, but together with some creative financing with pretentious short-term rental revenue, they have a path for property ownership in areas that will grow generations after generations.
Short-term rentals can open closed doors create the pass of to property ownerships to sh uh some people.
That means my children, my grandchildren can literally own uh a slice of downtown Sarasota Pi, unless they are faced with policies that are loaded with unnecessary regulations and restrictions.
Thank you for your time.
Thank you very much for coming, all of you.
Appreciate it.
Um Commissioner Aher and Kats, you're first up.
Yeah, sure.
Um I was curious.
Um so first of all, can you speak to some of the public comment that was just made?
I think there may be a misunderstanding about what we're discussing and what the public input was per we're not touching the seven-day rental at all.
We can't touch that, otherwise we're not grandfathered in.
Um, and maybe speak about how if it's you own a home and you live there, you are allowed to this is not having anything to do with that situation.
If you own a home and you have a uh short-term rental business and you live there, you're allowed to continue to do that.
Yes, that's correct.
And yes, for the record, the seven-day and seven-night minimum state duration was not imposed by Chapter 34.5, but rather it's been um in the city zoning code for many years as it's categorized by household living.
Do you know which year that was implemented?
Oh gosh.
Mr.
Fournier does.
It had to have been 2002 or somewhere before that.
2002, yeah, that's what I thought.
2002.
Um, so the ordinance does not apply to owner-occupied rentals, which is when the owner, when it's the permanent and primary residence of the owner and their overnight uh present during all guest stays in tenancy.
Um and they're allowed to rent a room or a portion of their home out for even less than the minimum stay because they you know that this is their personal home.
Um, yes, that is not regulated by our ordinance, and if we receive communic communication from the owner, we're able to verify that and then you know take action accordingly or not.
Right.
So if you live in DTN and you own a home and you live there, you're still allowed to rent it out as a vacation rental as long as you live there.
That's correct.
Okay.
So we're not touching that, that's not what this is at all about.
Okay.
So what we're talking about is expanding basically what we're calling, we call the hotel house ordinance from the barrier islands.
It's already in the mainland, but two new zones, DTN, DTE, and NT, and my question to you is why not DTNE?
I think that that might be a question.
I think I know the answer, but I just have to ask the question.
For the record, Alice and Christie General Manager Development Services.
There's only two parcels, zone DTNE, and they're both larger parcels, not currently developed in this way.
Okay.
And the cost of expansion, this what we're proposing.
I mean you said that there was an annual annual expense of 400,000 a year for the program?
Yes.
Or is that a total?
No, that's annually.
Annual.
And do we have an idea what the expansion will cost?
Um, if we're directed to draft uh revised ordinance, then we would do an investigation to gather that information.
Okay, so we don't have that yet.
Um those are my questions.
Thank you.
Okay.
Thank you.
Uh Vice Mayor.
Thank you.
Um I think you said you're learn you learn every day that there are uh short-term rentals that are not registered with you, that the number 100 and some increases pretty regularly.
At the time of this report, when you wrote it, there were a total of 82 units in the three zone districts that were short-term rentals.
Are you were aware since then of any others?
I haven't pulled the data, but so I could definitely verify, but I would I would imagine that there's not far more than what was already identified.
Yes.
Just based off of the data.
And just to repeat, any home that is owner occupied, this does not apply to them.
That's correct.
Okay, thank you.
Uh Commissioner Alpert, do you have any questions?
We do not.
Do you do?
Uh Commissioner Betty?
No.
Okay.
Um when you in response to seeing advertising for eBay uh Airbnb or Verbo, when you call the owner of the property, how often do you run into a situation with somebody saying, I didn't know that short-term rental of less than seven days was illegal?
Have you gotten that kind of response?
We have received that feedback, and a big part of what our team does is provide education to the public.
So we take the time to explain the ordinance and walk people through our instructions to try to help them understand that process better, and then that gives the owner an opportunity to decide what they want to do with their business.
Okay.
So with the complaints that come in, what generally are the nature of the complaints?
Are they noise, people hanging out in the street?
What what are the complaints that you're hearing from uh neighbors, I guess it is?
I'd say the most common one that I hear is people complaining about people coming and going for less than seven days and nights.
So they're they're counting how many how many days that they're there.
Because I would think that you know, maybe somebody staying for four days and then somebody else staying for four days if they are quiet, you know, not doing anything that would be different from I have been in a situation where it was a wedding party and five couples were in the house.
So that that would seem to me something that would trigger more uh complaints than somebody staying for four days and sunning themselves in the backyard.
So what have you seen in terms of the nature of the complaints?
Just that people are staying less than seven days?
I mean most of the complaints we receive are for people come complaining about people coming and going for less than seven days, yes.
Okay.
Um the other complaint I m that we see sometimes is complaints about noise and parties late at night.
And those are addressed on a case-by-case basis.
Typically it's in situations where it's been escalated to the SPD who right who currently regulates the noise ordinance.
Have you noticed a difference between uh complaints when it's a five or six bedroom house versus when it's a two-bedroom house?
I would not say that I've noticed a great difference between that.
No.
Because that changes my thinking because I thought we had two different issues, one being uh the large houses with the large groups coming and staying and having a grand all time, and mom and pop homeowner investors who just are you know trying to pay the mortgage on the house that they're living in, which is separate from the one that they're renting out.
But you're saying there's really that the mom and pops are generating the same kind of uh complaints that the big multi renter places are.
Yes.
But just to expand on that a little bit.
I think um to put it in perspective, you had the number in the presentation, the total number of complaints over the length of time we've had the program.
Was it 80 something complaints?
86.
And then 84 of them were in, or 82 are in RSF and RMF.
So I mean we're not seeing a large number of complaints in total, let alone specifically noise complaints.
Okay.
But so you know, uh uh we have at least I have been led to believe that you know there's still lots of complaints.
And I'm getting the impression that you're not, because I was gonna say, you know, we're trying to impose the same ordinance across the board, whether we're talking about uh what people really refer to as hotel houses with five or six bedrooms and a crowd of people versus the mom and pops who were just trying to make ends meet, and you know, saying those are two different situations and maybe they need two different approaches, but you're sort of saying there's no difference.
Um the the information in the report was strictly data driven uh based on our complaints, and I can't say that there's a difference off the report that I have indicating that those complaints are any different between different neighborhoods.
It's really just that 82 of the 86 complaints have been in single and multifamily zone districts.
So maybe I'm not not understanding your question.
Could you rephrase that perhaps?
Well, I mean, and and I didn't really understand the 82 versus four.
Um I'm trying to understand what initiated the whole vacation registr the rental registration was problematic with what have been referred to as hotel houses with five or six bedrooms and ten, twelve people space they coming for the weekend and partying, but then we also have mom and pop uh small investors who are using this investment house with probably two or three bedrooms and you know renting it out to at low at low prices that lower than you'd pay for a hotel.
So it seemed to me that we're talking about two different populations and possibly two different issues, and with the mom and pop situation, um, you know, I don't understand where the area for complaint is um other than oh well they're doing something illegal.
I I think what you're stating is correct, and that's what originated the whole vacation rental ordinance, but I think um what Hannah's explaining with the complaints is overall we're not seeing the same number of complaints that we saw originally, and then a majority of the complaints we're getting now are simply complaining that they're not complying with the minimum stay requirements.
So we do still get some noise complaints, but that's not really the majority of what we're seeing.
And I don't think we're specifically tracking how many bedrooms those homes have when we do get the complaints.
So I mean that's something we could go back and take a look at if if that's the direction, but I don't think it's specifically tracked.
Well, well, I guess based on that, I mean would your primary recommendation be don't make any changes at this time if the number of complaints is down and they aren't for really causing problems, problems that uh the system as it exists is working and the complaints are they neglected to register, so let's get them to register and why expand it.
Is that I mean, that's what I'm I'm sort of hearing.
We're not here to make any recommendation today.
We're just we're just providing the information per the request from the commission just to provide the data to show the different complaints and code case and revenue so that the commission can determine whether or not they would like us to draft an ordinance to expand again.
I I guess then what I would want to understand with the complaints, what are the nature of the complaints, and you're saying that they aren't noise complaints, it's just that oh well these people circulating through.
We could go back and collect that information specifically and bring it back to you, but I think we're just saying in our experience we think the vast majority of them are related to compliance with the minimum stay and not noise.
And and they are in areas that we're already regulating, right?
Yes.
Correct.
And I believe you also said that some of them were condos anyway, which is not included.
Yes.
So it sounds like from the data that no change is needed.
Is that what I'm hearing?
Okay.
Yes.
Yes.
Okay.
Thank you.
Um and Ms.
Commissioner Betty, you're next up.
Uh huh.
Thank you, Mayor.
Um.
You know, first off, like, you know, I I I have uh um Airbnb like right next door to me or whatever.
Sometimes I get kind of annoyed with the fact they're there too long and whatnot, but um just that's just me.
But I'm I'm not uh in favor of the the constraints and the restrictions that you know, particularly like you know, these mom and pop's you know, um uh operators, you know, and that's in my in my in my uh in my neighborhood in my uh district in in Gillespie Park and whatnot, and they're just trying to make, you know, trying to make a a dollar.
And then not like as you said, Mayor, the the big hotel houses that that can get like 20, you know, 25 people in there or something like that, which they do some or they have or whatever.
Um, you know, a night, you know, and they're just people that just want to come and stay for the weekend or whatever.
So I uh I have a uh an issue with that.
Um it it seems as though are we taking um action on this today?
Is this just the just the report?
You just bringing this to us?
Is that what it is?
Today is just a report.
Okay.
I listened to two friends of mine that complained in it and in similar complaint today talking about the property taxes.
So my question to you is I mean you sat here and you listened, you know, to the plea of these people.
What what say you?
What I mean, do you have anything to to add to that or or subtract or or is that I think just to clarify again, I the seven-day seven-night minimum is not what we're discussing today.
It's just the expansion of the requirement to register as a vacation rental, and if the homeowner resides in the home, it doesn't apply to them anyway.
So, Ms.
Christie, would what we're talking about today affect the people that spoke at the diaspora?
Yes.
Just to require them to register if they don't live there.
But both of the situations in which we're discussed, the owner lives in the house.
So then it does not apply to them.
Okay.
Thank you, Mr.
Robinson.
The seven-day seven-night minimum already applies.
That's not being changed today.
It already applies to you currently.
So if the individuals that own the homes don't currently reside in the house, no matter what zone district it's in, it would be against code.
Correct.
Thank you.
Yes, Mr.
Robinson.
Yes, F1.
Vice Mayor.
Thank you.
Just F1.
What?
Oh no, just then.
Out of order.
Um so a little more than a year ago, I had the opportunity to walk around a lot of the streets in my district.
I was really surprised at the number of houses I came upon.
Small ranch houses where somebody come to the door and I'd ask, you know, hi, I'm Kathy.
What is your what's your biggest concern?
And people would say, I'll tell you what my biggest concern is.
I don't even know who my neighbors are anymore.
Over there, over there behind me and next door are all short-term rentals.
One guy talked about having to put a fence up because he didn't like his kids seeing what was were happening in the pool next door.
And so and I thought, well, this is just a little neighborhood.
Ranch house.
They were all over.
The short-term rentals were all over some of these neighborhoods.
And the people were upset about it.
Um Comer Alpert, do you have anything you wanted to ask?
I think, you know, with the conversation that's been going on, I'm unclear as to um what it is we're doing here.
So the people who live in the houses, they still are subject to the seven-day minimum no matter whether we expand this program or not.
Is that correct?
Or they're not subject to the No, the owner occupied rentals are not subject to the seven night minimum.
As long as it's their permanent and primary residence and they're present during guest days overnight.
Okay.
So if we expand it, then all they have to do is they have to register, but they don't have to abide by the seven day minimum.
The owner occupied rentals are not required to register or abide by the minimum stay.
Okay.
So in other words, it wouldn't affect them at all.
Correct.
Okay.
Um that's my questions.
Thank you.
Okay.
Um Commissioner Ahern Koch.
Yeah, just to stay on to that that point, we're not discussing seven night minimum, seven nights, seven day minimums at all here.
That's not what this is about.
So if we vote yes, if we vote no, if we do the the compromise, the DTN or the DTNE or whatever, any of that is nothing to do with the seven night, seven day minimum.
It's not what we're discussing today.
Correct.
Correct.
I just want that to be clear for the public that that's not what this is about at all.
And that if you you own your home and you live there, the seven night minimum doesn't apply to you.
None of this even applies to you, correct?
So if you bought your home to do a uh an Airbnb to make a little extra income, this does not apply to you in any way, shape, or form, correct?
Correct.
Okay.
So let's I just wanted to be clear on what we're talking about.
Also, what is news to me is on page five of 52 that you gave us.
Um of the 86 complaints um that were filed in DTN, three of the the complaints were in one complaint was filed in DTN and one and three were in in North Trail.
So what we are looking at is to expand into DTN, DT DTE, and DT North Trail.
That's what we're asking you to look at.
And it seems like five percent of the complaints are in those those two areas.
And and for me, I'm weighing the option here.
Do we spend more money to patrol what I see as five percent of complaints?
Is that what that information translates to?
I got it.
Am I reading that correctly?
Yes.
Okay.
Uh we don't know what that is gonna cost, and these this information could change.
We don't have to decide if we're gonna spend that money right now.
What we are asked, what we could ask you to do is to come back to us with more information and say, okay, this is how many we've had since we met, and this is how much it's gonna cost.
It's gonna cost another 400,000 a year, it's gonna cost another 100,000, or it's gonna cost $10 a year.
And that's what we can decide today.
To do nothing or to ask you to come back with some hard numbers.
So we can weigh it five complaints versus 100,000 or five complaints versus ten dollars.
Correct?
Yes.
All right, just want to be clear about what we're talking about.
Yes.
Thank you.
Um anybody else?
Okay.
Um we we do have well, I I just wanted to make clear again with the mom and pop businesses.
I don't think it's all owner occupied.
I have seen where somebody has their own home and they have managed to purchase one or two other homes, and they're doing short-term rentals on those other homes to help pay their mortgage and you know, and so those are the ones we're not really dealing with because the short-term rentals on the homes that you are not living in are illegal if it's less than seven days.
It has nothing to do with the registration program.
It is illegal to rent out a home that you own and don't live in for less than seven days and seven nights.
And has been since 2002.
Okay, and has been for the last 23 years.
So this is new news to some people, but that is the case, but that is not what is on the table today.
Correct.
What's on the table today is um do we want you to uh suggest to you the expansion of the program or do nothing or the thing that Commissioner Ahern Koch suggested is maybe a periodic come back to us with the complaints?
Um I would that that's not exactly what I was suggesting.
Um but you know I'm happy to discuss other in-betweens of what we have before us.
Okay.
So I'm wondering do we want to make a motion today regarding which of the three options that were presented?
I personally wouldn't mind more information about this.
And with dollars in front of us and weighing those options, um I I would feel you know more informed to be able to make a hard decision.
So I would be in favor of option three.
It would be my suggestion.
Are you ready to make a motion?
I'll make a motion for uh ask uh Commissioner Albert if she has anything else.
Commissioner Alpert, do you have anything to add?
I I do not, thank you.
Okay.
Well then I would move um uh move forward with option three.
So you you want to expand, or I thought you would have to do that.
Just get information about expanding, what the cost would be, what it would look like for option three to go to DTN.
Okay.
So specifically just DTN?
Correct.
Okay.
Okay.
So uh but it's not to expand it this time is to get the information.
Correction.
Okay.
Uh was there a second to that?
I didn't hear it, no, unless I missed it.
Um, I was was that Commissioner Alpert?
It was did she second?
Yes.
Okay.
So is this uh pretty much like continuing this?
Sort of, yeah.
To to just to get more information about dollars and cents and what it will cost us.
Okay.
And whether it's worth it or not.
If it's going to cost us $400,000 for five complaints, of course that's going to make a lot of people.
So at this point, the motion by Commissioner A.
Hern Koch, seconded by Commissioner Alpert, was to get the information on uh for potential partial expansion option three for you to gather the information and report back.
And the rationale for that is that of the 82 um units you have identified, sixty-two were in that zone district.
More than that, I think.
And the other zone districts had only three and seventeen.
Correct.
Yes.
Okay.
Um do you want to speak to the motion?
I'm fine, I think.
Oh, Commissioner Alpert.
No.
No, I don't need to speak to it.
Uh so um roll call vote.
Thank you.
Ahern Koch?
Yes.
Albert.
Did you s did she hear you?
Can you say we'll okay, thank you.
Betty?
I'm freezer.
Yes.
All right.
Yes.
Trice.
Yes.
Thank you very much.
Motion passes unanimously.
And we are moving right along.
Um are we at item 12.4 already?
Three.
Where did the word already come from?
Okay.
Mr.
Harvey wouldn't like it if you skip the phone.
Okay.
So the next item is 12.3 approval of the Bay Park day dock rates and approval process.
And General Manager of Parking, Broxton Harvey is going to make a presentation.
Hi, um, good evening.
My name is Broxton Harvey, General Manager of Parking City of Sarasota.
Um this evening I am coming to the Commission to request the approval of the charging of boat and vessel docking fees at the Bay Park, and that is near centennial park, which is the boat ramp.
Um this is part of phase two of the Bay's um project, the canal district.
Um part of that process, they actually rehabilitated the South Seawall.
And when they did that, they actually installed um floating day docks.
And uh floating day docks.
Um they're gonna have 15 to 20 different slips that will actually provide access to boaters to the park, to the cultural district, and to downtown.
Um so what we're looking at is actually implementing rates and timed parking to increase the turnover.
So one might say, why are we looking at trying to increase turnover for boaters?
Because if we did not have restrictions or rates in place, you know, there's a possibility that voters could park overnight, that they could come and they can stay all day, that they can tie up, and there's no incentive for them to actually um relocate and so another boater could come in and utilize that slip.
So um right now there's a recommendation of a minimum of $2 an hour.
Typically um boaters, if you go to any other marina, it's two dollars per linear foot.
And I've actually had some um communication basically stating that they feel that that recommendation of two dollars per hour is a little low.
Um so again, I'm coming to the commission to ask for guidance and um on actually number one, approving that we are actually able to charge.
And secondly, how are we going to set these rates?
Is it through the commission or or give authority to the city manager to actually set these rates administratively?
And the way that we're gonna actually charge for parking, I'm sorry, not for parking, for vessels.
Sorry, that's in my docking, correct.
Um would be the um through the use of the park mobile app.
So that the boaters will actually come in, they will actually put their boat identification number in, similar to like a license plate, and then they would pay for their docking fees.
So that is the end of my um presentation, and I'm gonna open up to see if anyone has any questions um for me regarding that.
Thank you.
Stay there, but we do have uh citizen request to speak.
Uh Eugene is back again.
And he gave was it Karovsky?
Uh yes, no.
Um, thanks again.
I I made it as quick as possible.
I I swear.
Okay.
So once again, uh the parking department leadership comes before you uh with an outrageous mining grab and power grab.
It drives me crazy.
Uh Mr.
Harvey wants to charge voters for temporarily docking at the city ramp.
Uh even voters that uh paid the excessive ramp fee of ten of ramp parking fee of ten dollars.
So now we're gonna charge people twice.
Also enacted by by him.
Temporary docking fee is unheard of in any Florida municipality.
You have parking fees, you have launch fees, nobody charges docking fees, zero.
Um he claims that quote, the setting of rates for day dogs is necessary to prevent long-term and overnight states.
This this is a perpetual lie that he keeps telling that uh charging people money uh it is required to prevent them from you know taking up a spot.
You can set set and enforce time limits.
That's it.
Parking rates are inherently discriminatory.
People that can't afford food or gas are less likely to go out and about and do business in the city.
Um by the way, this is true for many, many parking spots where we charge fees.
Okay.
Now, also once again, the parking department is asking to set its own rates.
And once again, I have to remind you that that not how that's not how government works anywhere in America.
Uh the executive branch, which of the administration does not get to set its own budget and taxation, it's your job.
And please stop asking for that.
Please mandate basic civics training for city employees.
It's available for free online, it doesn't take long.
I I debated where to to say this uh in public, but uh I will say that this administrator single-handedly with the parking department ruined the charm of Sarasota.
Just a few years ago, parking was mostly free across the city.
And we allowed Okay.
Um I think this violates our I don't think so.
Yeah, you should run it by the lawyer.
Go ahead.
I you know, the code of conduct does prohibit personal attacks.
Yeah.
It's not a personal attack, it's a crit it's a professional criticism.
Well, it was a personal attack toward an against an individual.
So and I think it's not a personal attack, it's professional criticism.
I'm going to finish.
But for for a little history for the parking uh we we approved the initial uh fees to pay for the garages that were built.
The parking department uh budget grew exponentially.
There's less parking everywhere.
Not because there's more people, but because of the barrage of restrictions and fees and reducing the process.
Oh, thank you.
The time is up.
Thank you very much.
Thank you.
Okay.
So Commissioner questions.
Commissioner Aher and Kotch is first up.
Yes.
I was going to ask, is there any way we could get you or ask uh the city manager to look into getting us some comparisons of other municipalities if they have this in their parks, what they charge, what's the time limit, um do they go by linear foot and by hour, just by linear foot or just by hour, um, what those fees would be and so on and so forth.
We could do that, but I actually did do the research, and the majority of marinas that do have day docs, they do charge about a linear foot.
Um we we're not able to do that because we do not have a dock master, and we have no way of you know charging and ensuring that those are accurate linear field calculations.
Um what I did do, I I went and I looked at what St.
Pete Pier does, and they actually charge um charges $2 an hour and it's $250 an hour on the weekends, and then it actually goes up in a max of six hours with a maximum of $15 because the fifth and the sixth hour goes up.
So it's $15 a day on the weekday, and I think it's 18 on the weekends.
Okay.
So but definitely, yes, we can get that information from the case.
I would be interested in a little bit more information about that.
And uh oh, and there were discussions uh Mr.
Bullock or Mr.
Harvey, uh I don't know if you are involved in those about potentially having a dock master because not only is this new activity for us, but across the street, there's going to be a redesign.
And you know, we had talked about potentially having a dock master for that situation as well.
It would be difficult, I think, for somebody to be in two places at one time.
I don't know what what the details of that are, but I think those are just some of the the um the answers that we should have before we make any decision about two dollars or two fifty.
That's just my personal opinion.
And then the other thing would be, you know, if we um if the fees change or go up or go down, uh any any policy decisions about that.
I also do believe that that should come before this commission.
When we raise our parking rates, that comes before the commission, and I would think the same would apply in this situation as well.
Okay.
So yeah.
Okay.
Uh Commissioner, the Vice Mayor.
Thank you.
Um I wondered why this isn't a matter for the Bay Park.
So so the Bay Park implemented the day docks, and they're not in the fee collecting business, and they actually came to me.
Uh, I see, okay.
That's good enough.
And and also uh we handled the parking in the boat ramp.
Yeah.
It's all handled through the uh our parking department.
So they made the improvements.
We do the operation in terms of revenue.
Got it.
Thank you.
Um did you have the opportunity to read the ma uh the email from Mr.
Gollio?
Um is that about the rates?
Resin, yes.
He talked about per square foot.
That's where I did read.
That is correct.
Um and that would work out to about ten dollars an hour for his small boat, 21 foot whatever.
So that can give us some information.
Sure.
But I also would be interested in more information, comparison rates with other docks, dockages and other municipalities.
Okay.
Municipal docks, though.
Was that municipal docks, right?
Municipal docks in other municipalities.
Okay.
Sure.
Do you have more?
No, I don't know.
Okay.
Uh Commissioner Albert, do you have any questions?
Um I'm I'm wondering, you know, why we're asking for um additional information on other municipalities when Mr.
Um Harvey has has done that.
Mr.
Broxton.
Didn't because we don't have any information.
I'm asking for it because I haven't had the opportunity to see that information.
Neither have I don't have that in the backup material.
Didn't he just give you the information?
Broxton?
Verbal.
What was your information?
Yes.
Verbally from speaking to other cities and actually throughout research as well.
But I do not have it in the presentation.
Okay.
Thank you.
But that's what you found.
Is that correct?
That is correct.
The majority of the day docs are by the linear foot.
The only one that I did find that was by the hour was St.
Pete Pier.
Okay.
Yeah.
That's what I I thought from old voting days that you know when we docked, it was by the linear foot.
And that is actually what Marina Jack does, actually.
That's it.
Okay.
Do they do that for their temporary dockage that were there docking there at O'Leary's?
Do you know?
Actually, if you go in from when we actually spoke to them, I think the they have hourly rates, but if you actually go to the restaurant, I think it's no charge.
Okay.
Thank you.
Commissioner Batty, do you have any questions?
No.
Okay.
Yeah, actually, I wanted to understand how the day docks will be used.
Are they going to be restaurant patient patrons, downtown shoppers, and what about evening theater goers?
Because I mean, listening to the concept of $10 an hour that Mr.
Golia said, uh, I don't think I will go to a restaurant if the my boating parking for the restaurant is going to cost me another $20 above and beyond what I pay at the restaurant, and the same thing with the theater goer, uh that might be like $30.
So I mean, who do we expect to use these day docs and for what purpose?
That's the expectation.
All of the above, everyone you just said, for the restaurant goers, people going to the culture district, going to the Van Weisel, um, any other restaurants, um, just coming downtown, um commuting downtown.
And again, um, who's gonna be utilizing it?
Anyone with the boat.
That's why we want to keep the rates at at a point where it doesn't just basically segment a certain group of people that aren't able to afford to be able to utilize the day docs.
I think at $2 an hour, I think that actually encourages people to come utilize the docks and is uh it's actually out of price that's that's pretty um economical.
And if it's a big enough boat and you're taking two slips, it'll be four dollars an hour, right?
That that is correct.
Okay.
Um and so but are there day docks at Marina Jack?
So if you go into Marina Jack for a meal, you can park there free.
So if you if you're gonna go to the restaurant there, there's an area for you to dock.
And it doesn't cost you anything you can go to the restaurant.
If you leave your boat there all day, uh, you know, you you'll be asked in some form or fashion to move it because it really and there's signs up there it's you know for docking for their facility.
There are not very many tie your boat up and go enjoy downtown for free um anywhere.
You can do it at O'Leary's, but again you may be asked to, or you know, they might say, hey, you know, can't leave your boat here all day.
This is a new thing for us, and you know, we may not get the rate right the first time, and we might have to change it.
But um the notion of charging two dollars um an hour is is pretty modest.
Um I think this is gonna turn out to be really popular.
So the idea of having a bit of turnover uh I think is worthwhile here.
And as the park matures, we may want to revisit you know this whole approach, because I think I think it might become more and more popular as more things are available in the park.
Yeah.
Uh so speaking of peop theater goers, I see that you were suggesting that the time frame be between the hours of 8 a.m.
to 8 p.m.
a Monday through Saturday.
And I'm wondering for theater goers, shouldn't the hours be till 11 or 12?
So those are our enforcement hours that that are in the ordinance uh from 8 a.m.
until 8 p.m.
So you don't have enforcement people, but shouldn't we still so I guess the question is how are you going to enforce it?
And empty out the docks.
Oh, you is the plan at 8 o'clock every all the boats have to leave, even if you're at the theater?
Sure.
No, no, you don't have to leave at 8.
That's just just an enforcement hours.
But what we're gonna do, we're gonna actually set hours of the day doc that will be posted, whether that's like again, like the interim city manager was stating, this is w new for us.
Right.
Um so we're probably have to make some adjustments.
But I would look at and I would envision having to posted hours.
Enforcement hours are from 8 a.m.
until 8 p.m., but you have to remove your vessel by this certain time, whether it's 10 o'clock at night, eleven o'clock or midnight.
So so I would also think that we don't have to tell people that we're not enforcing on Sunday that we will still expect them to use park mobile to pay the fee.
And they will have to leave by whatever hours are set, but why tell them it's free on Sunday?
Um because that that's what the ordinance is.
It says um free for Sundays and holidays and City Observer holidays.
Uh so also you can keep stay all day on Sunday.
Um we have staff there, but we are really not going to be able to enforce it on on Sundays because on Sundays the Commission approved that we only do safety.
So that's the only thing that we can enforce now.
I can always come back and we can look at changing some of those things to be able to because everything is changing correctly.
Great.
So um maybe that's something we can look at in the future.
So the other question that I had, um the Bay Park Conservancy invested the money to build these floating day docks, and we are going to pocket the uh docking fees.
Just to be clear, the Bay Park Conservancy funded by the city and the county built these built these docks.
And so we we own these docks.
Right.
Uh and therefore we're treating them as a city asset.
But I'm just thinking, you know, Kelly Strickland and all her little uh revenue and expense things.
I mean shouldn't they somehow be connected to uh the the 21 million dollars that we you know participated in funding uh helped to build these with the county.
And there are not many um docks like this available close to downtown Sarasota where you can come in tie up basically for either nothing or next to nothing, go enjoy some activity and then come back several hours later.
You know, what what we don't want to do is have these turn into overnight or live aboard docks.
That that's important not to do, I believe, and I don't think the city wants that.
So, you know, having a modest fee.
You know, my recommendation would be whatever you decide, let's try it and recognize once we do it for a while, we may learn enough lessons that we want to change it and you know we bring it back.
So um anybody else have any questions?
I'm not sure I understand.
Oh, wait, is that Commissioner Albert?
Yeah.
It it's it's it's not so much of a a question, but just uh uh an observation.
I I can see from my condo, I see the O'Leary docks.
And I can tell you that around lunchtime, you know, there are there are boats lined up to dock there.
So you want to make sure that you have a situation, you know, where maybe you are charging so that um people aren't monopolizing those docks.
So I think um uh it you know, Mr.
Bullock is right, there are not a lot of places for boats to tie up and come ashore along the Sarasota coastline.
So I think it's a very valuable resource that uh I don't think it hurts us to um charge for.
Thank you.
I'm uh I think we're ready for a motion.
I'm not quite sure I understand what the motion should be based on what's on the sheet.
But if anybody wants to take a stab at it.
I'm going to make a motion and see, although I did talk about getting more information earlier.
I'm going to make a motion to approve the parking manager's recommendation for a rate of two hours $2 per hour with a $5 maximum time frame between the hours.
Five hours where did I say that time?
Between the hours of 8 a.m.
and 8 p.m.
Monday through Saturday.
I'll second it if I can make a friendly amendment.
Maybe.
Okay.
So my friendly amendment is and bring back more research about what other municipal boat docks are doing in the area.
And that the rate should be set by the city commission.
All future rates as well.
Correct.
I'll accept that friendly amendment.
Okay.
Just a clarification.
Are we making any kind of a statement about what happens on Sunday?
No.
Like to say that's another ordinance.
That docking is allowed on Sunday because if we leave it non-stated, it might imply that you can't dock there on Sunday.
I think people know if it's you put on there Monday to Saturday, it's Sunday's free.
They're going to dock their own Sunday.
So a motion from the Vice Mayor, uh Kathy Kelly Ulrich, and no, it's the other way around.
No, okay, and seconded by Commissioner A.
Hern Kotch to approve the charging as recommended by Mr.
Harvey.
General Manager.
And you want me to read the whole thing?
Yeah.
And bring back the information.
Yes.
Okay.
Okay.
We're ready?
Okay.
All right.
Any discussion?
No.
Nope.
Okay.
We're ready for the roll call.
All right.
Awesome.
Aaron Kotch?
Yes.
Albert.
Yes.
Betsy?
Ulrich?
Yes.
Trice.
Yes.
And motion passed unanimously.
And now we're at last one.4.
And we are being joined by the head of human resources, Stacey Mason, to discuss the approval of the charter official evaluation performance format and process.
Thank you, Mayor.
Just put a record is set at 73 in a 68 year so that's a facility sign.
AC.
Mr.
Robinson.
You know what?
I'm sorry.
I'll work out.
Everyone will get a sweatshirt for Christmas.
Gloves for going.
It is much colder down there than it is in the audience.
You guys are on ice down here.
Stacey Mason, HR director.
Here to talk about the agenda item today for the discussion is the form and format of the charter official evaluation.
This year you'll be asked to complete evaluations of two charter officials.
The city auditor and clerk and the city attorney.
The period of the evaluation will be a look back time period of 12 months, which will be the fiscal year of 24-25.
Though it's hard to believe this year has flown by.
Congratulations.
This process, as stated in the agenda item, is in the charter and it is required to be completed at least annually for the charter officials.
The purpose of the process is to provide the charter officials with feedback of their performance in the specific time period assigned and discuss any compensation changes based on that performance.
Regardless of the form used, the main objective is to provide the feedback directly to the charter officials for their development and growth opportunities.
A number of formats were provided as backup to this agenda item for your consideration or maybe just for thought-provoking ideas.
We'll open that up at the end of this presentation.
In the past, the commission has asked for this conversation on the document to be used for this process.
So that is why we start this discussion today.
For an overall review of the process, the process would start with the direction on the format used, which is our objective here tonight.
The second step is to provide the commission time to meet individually with both city attorney and city auditor and clerk to complete the feedback process with them individually.
Once that is accomplished, the third step is to return the agenda item to the commission either in late January or the first meeting in February for public review of the evaluations.
During that agenda time in January or February, the Commission will have an opportunity to discuss the feedback in a public meeting and also discuss any compensation elements for the charter official.
In this particular case, it would be for the city auditor and clerk as the city attorney has a different compensation structure.
At this point, I'll review a few elements of the examples in the attachment, and then I'll pass it on to the commission for any discussion or direction.
There were four examples.
In example one, which is on page two of 11.
The structure of that basically provides standards in specific professional development areas in addition to a rating scale.
It's a four-point rating scale in that particular example.
Example two, which is on page four of 11.
This one includes the city's four core values for employees, which are integrity, respect, teamwork, and accountability.
And in addition to those four, uh, there's leadership competencies.
This example has a one to five point scale for each of the scorable elements.
There's also a section for achievement and accomplishments, along with an overall rating.
Again, on this particular one, there's a comment or open narrative space for the evaluator.
The final two examples may be familiar to you.
They start on page six of 11 and on page nine of 11.
These are formats we have used in the past.
Over the past two years, we've used one or the other of those.
The first one is structured as an open text narrative, which was the direction of the commission on the last feedback process for the evaluations.
The last example adds a three-point scoring format.
So it focuses on the duties that as excuse me outlined in the charter for each of the charter officials.
And it also has a narrative section.
So that last example is kind of a hybrid between a point scale and a narrative section.
So those were just some examples to kind of get the thoughts flowing on that.
At this point, I'll hand it back to the commission, but our objective today is to figure out what form format, and then our next step is to bring it back with your direction at the end of January or beginning of February, depending on how much time you'll need to meet with each of the charter officials for your one-on-one.
So, mayor, I'll hand it back to you.
Okay.
Thank you.
And unless I'm mistaken, I don't really see the situation here as being questions as much as it is going to be our individual expressions or statements or responses to the soyor, do you want to start with your statement or opinion?
Sure.
My preference is for the hybrid version, which begins on page nine, pages nine to eleven.
And would there be anything wrong with agreeing to the form to be used next year too?
My experience is that I always knew the form on which I was going to be evaluated, and I could work toward achieving those items during the course of the year.
Absolutely.
I think that would be a great idea if I can get consensus and direction on that.
We'll have the one you'll use for the look back, and then the charter officials will know what you are going to use for the year ahead.
Okay.
So I prefer the hybrid, which is the last example.
Okay.
Who's next?
I'm okay with that.
With the hybrid.
Okay.
I'm okay with that.
Okay.
I'm not.
Oh, sorry.
Commissioner Albert.
I'm not either.
I prefer the third example where it's the job description and then a narrative.
Do you do you want to give your reasons why?
Well, I think the reasons why it's usually, you know, the job performance, you know, having done these evaluations for like 10 years now.
Um when it's just like they demonstrate this, they demonstrate that.
It really doesn't tell us what they're doing.
And I think it's better to just leave the open narrative and the job description.
And I think that's a more realistic evaluation of what we think of their job performance.
So that's that's why I'm I'm for it.
I've I'm not liked any of the other forms we've used.
Thank you.
Yeah, my uh my preference is for the uh the one that we used last year, which is the statement of the um job responsibilities and then the open narrative.
My concerns about the others is first of all, it implies that each one of those line items is of equal value to the others.
Um, you know, so that's a problem.
The other concern I have is in many instances we don't know specifically how well they're doing on one of those, you know, on the individual line items, you know.
Systematically considers more effective ways of doing things.
This is the one that I was talking about.
Right.
I I uh but but I just meant in general we don't necessarily uh know those in detail those things.
Um one of the things that I would like to see added um is a narrative in advance by the charter official, maybe a one-pager listing their accomplishments that this year, um the areas that they want to focus on in the upcoming year in terms of self-improvement in the job, and their plans and goals for the next year.
I think that would lend to a better conversation on the one-on-one, and also get a better sense of where they think they are.
These are our top city officials, and they know best where they're excelling, where are their shortcomings, and if they're unable to be honest about that, maybe they shouldn't be in the job.
So I I would like to include a one-pager or so by the charter official to present before the one-on-one so that we could have a discussion about that.
The other thing that seems to uh we lost sight of in previous years is the fact that we are supposed to be reviewing compensation each time.
And none of the forms in the past even alluded to compation, so um I would like to see something on the form saying, you know, saying we discussed compensation, or and I would also like to see uh compensation history.
You know, so the same time that I'm getting the the one pager that I'm getting from HR, you know, this is the salary history for this individual, so that that can be also part of the discussion.
Um let's see if I had any other notes.
Uh yeah, so th those those were my notes on this.
Mayor?
Oh.
Um wait, I s I hit something I shouldn't have hit.
Uh Commissioner Aaron.
Yeah, I'm I'm okay.
You know, actually, you know, having done this all these years, I've I've I've never totally felt like any of these were exactly the right tool.
Um and I know we keep trying, Ms.
Mason, but um, you know, I was I'm willing to, you know, to try whichever hybrid method or you know, whatever the whatever the commission wants.
My suggestion would be that if we do this other tool where it's a little bit more narrative than anything else.
There's some things in this um performance review here, uh just to keep an uh uh make sure that we actually know these things, um what they do, what they don't do, but also we can verify, for example, on this example here, signs warrants and payments for monies.
Well, that's not something we ever see or we know about.
Um countersigns checks for payments on monies.
Can't tell you if that's true or not true.
Um appoints, removes disciplines, administers the compensation and sales salaries for employees in the office of city auditor and clerk, subject to blah, blah, blah.
She has a great job, her staff loves her, but all those other little things, not really sure about that.
Umtains the records of all the city's real property assets and maintains a schedule of all outstanding bonds and other evidence of indebtedness.
Never seen it, don't know it.
I guess you do it, but so my suggestion would be those things that we can actually verify or not, or I've had interaction with, maybe that's what we review.
And if we don't, and she does it just to list it, this is these are the other responsibilities she does.
And I'm also in support of, you know, talking about uh really laying out what they do and what their compensation is and having those discussions as well.
So that's it.
Thank you.
Uh I really like your suggestion of having the charter officials prepare a statement for us in advance of our one-on-one.
This is who I am, this is what I do.
Uh-huh.
Yes, check, check, check.
Um, my goals for myself for next year.
I really like that idea.
Thank you.
Umbert, you have any more input.
I I agree.
I really like that idea too.
Um, to have the charter official give us uh you know their own evaluation and what their goals are for the next year.
Thank you.
And Commissioner Batti.
Uh no, I'm in agreement, you know, have them provide that.
This is who I am.
Take it or leave it.
Um does anybody else have anything to add?
And if not, is that adequate?
Does that meet your needs?
That does.
Uh can I take a stab at summarizing that to make sure I got all the points?
Okay.
We're leaning towards the narrative, which is more example number three, which we have used in the past.
We're gonna going to look at the description of the duties and narrow in on the ones that you would interact with or have knowledge about.
Uh we will ask the charter officials to uh do a one-page summary, or not longer than two pages, maybe, of accomplishments, self-improvement areas planned for next year, objectives and goals.
We will do a um salary history sheet, and then a section for review compensation or discussion for the commission with the charter officials.
Sounds good.
Good.
Okay.
Commissioner uh Alpert, sound good to you.
Yeah, we you still on mute, I think.
Maybe our headsets not working.
Thank you, Commissioner.
Yes, it it sounds good, thank you.
Okay, so the consensus is that uh we gave Ms.
Mason enough to work with.
Thank you.
Thank you.
Um that concludes the main part of the agenda.
And um we are now at Citizens Input, which we don't have any.
Uh Citizens Input, we don't have any.
We don't have any.
Okay.
So it's uh commissioners' comments.
Um which end are we going to start?
Commissioner Batti.
Um no ma'am.
I'm just cold.
Turn up the heat is your comment.
Yeah.
I do have just a few things, Mayor.
Um last week the city manager and I briefly discussed opportunity zones, and we decided it would be a good opportunity for him to give the city commission a very brief presentation on this matter to help us understand the potential related to affordable housing and opportunity zones.
And I'm wondering if you'd agree with me to have that happen.
Sure.
Not today though.
Sure.
Um also I must ask about the use of the city logo on a spaff ad in the newspaper.
Anyone know anything about that and if it's was uh approved and okay or what?
I do not know about it.
Sorry, I didn't see it.
Yeah.
Oh, okay.
But and I don't know anything about it either, but I did see it.
Yeah.
Yeah.
I I've heard about it.
I mean, you would have to look at the partnership agreement and communications between us and them as to whether that was authorized.
We can look at that.
We'll we'll we'll look at that agreement.
Okay, thank you.
Um and then we also have heard that the next National League of Cities meeting conflicts with an already scheduled city commission meeting.
I was gonna bring that up under my statements, but if we want to talk about it now, we can wait till under us we can it's up to you all.
Do we want to look into changing the date of the city commission meeting?
Well, we were gonna have that discussion and the city auditor and clerk was going to bring it up.
So do we want to have that discussion?
Okay, all right, and think about it.
Okay.
Commissioner A.
Hearn Koch.
Yeah, I'm just gonna have a couple items.
I was gonna bring up some things about the National League of Cities and a lot of those items, but I can do that next time because that's quite long.
And we're cold.
And we're freezing cold in here.
Um but I did want to uh ask uh let you all know I would like I would like to ask the city manager to have Mr.
Brown from the Citizens with Disabilities to come before us and present the transition plan that that I heard that I'm sure is is been updated.
It's quite interesting and invaluable, especially if we're talking about allocating more funding for citizens with disabilities and and uh complying a little bit more with ADA.
And the other item was the public input about online comments for the SPT.
I know nothing about that.
Um if we could just get a response to to that why it was done or we don't have to do it now.
I mean, if you know if you don't know anything, that's fine if you just want to get back to the commission about that.
And then we can copy the citizen who brought that up.
That's it.
Okay.
Commissioner Alpert, comments.
Nope, just ready, ready to go.
Okay.
At least you're warm where you are, I'm assuming.
Um I I I have a couple um But I'm sick.
Yeah.
And and you c got sick in Salt Lake City.
And and I was going to mention something, Salt Lake City.
Um of the things that they kept reminding us is July 4th is the 250th uh celebration of the United States.
And um everybody needs to start focusing on how we are going to celebrate the 250th.
Uh with your approval, I will ask uh the uh interim city manager to provide us with an update of what the plans are, um, you know, whether or not there have been any special event uh requests already.
So what is the plan for the Fourth of July?
But I also um have a sheet to hand out.
Uh there's a national America's pot luck on Sunday July 5th, and at this point um 43 of the 50 states have signed up to participate, including the state of Florida.
So it doesn't have to be something necessarily that the city itself does.
Um my thought was even that we reach out to CCNA and it be neighborhood potlucks.
Um but uh when we talk about what we're going to do for the Fourth of July, uh I've got some ideas.
I think I'm looking for to you for some ideas, and I'm just gonna throw out the number 250 because it seemed like many of the other cities were planning something around the number whether Utah was going to have a 250 mile walk.
Um I was thinking maybe uh like a tr like an Olympic torch relay thing with 250 participants, others are doing asking school children to do uh artwork relating to the 250th anniversary.
So before we have that on the agenda, I'm hoping that you all can start generating some ideas of what we should do.
Um January we will have less than six months to get this thing off the ground.
Um and then the other thing I had, um I guess this was something that's that came up during citizen comments.
Can we look into preferences for uh in bidding contracts for city of Sarasota based bidders?
Um throwing that.
I I think your question is in a in a low bid format, can we assign any preference for local for any local preference in a bid format?
Right.
Okay.
Or all things being equal.
I mean Yeah, and if there's a tie bid, we we'll have to look at the code and understand that.
Yeah.
Yeah.
Okay.
And so that's what I had.
Um why don't we start with Mr.
Paul Zach and then we'll get to Ms.
Griggs.
Yes.
Thank you, Mayor.
I do have two quick announcements that I must make.
The city is currently being sued in two cases, which the city attorney's office would like to have a private attorney client meeting, also known as a shade meeting with the city commission.
In accordance with Florida Sunside Sunshine Law, Section 286.011 subsection eight Florida statutes.
I am hereby announcing at a public meeting that the city attorney's office is requesting a shade meeting in the following two cases.
One the case of Donetha Stanley versus the City of Sarasota, case number 2024, CA 003177 NC.
And two, wrote the case of Rose M.
Salem and Carl E.
Jackson versus the City of Sarasota, Florida, case number 2024, CA 002 682 NC.
Both cases are filed in the circuit court of the 12th Judicial Circuit.
The subject matter of the meetings shall be confined to settlement negotiations and strategy sessions related to litigation expenditures.
We will reach out to each of you later to schedule a date, time which is convenient, and provide such notice to the public in accordance with Florida law.
It's also possible that the shade meeting will not be required based on the circumstances in each respective case.
And that's it for me.
Thank you.
Ms.
Griggs?
Yes.
It was brought to our attention by um Christina regarding you all's attendance to the National League of Cities Congressional Congress conference in March.
I guess the dates are March 16th through the 18th.
We have a commission meeting on the 16th.
So it's more of a decision now of I don't know how many of you all were attend or trying to attend, wanted to attend, and that is definitely in conflict with our city commission meeting.
So we need to have a discussion on how you would like for us to proceed.
Maybe we could have a meeting that uh begins at the regular time and potentially ends at um noon or something like that and have a a shortened agenda.
So if you all are asking her to schedule flights for the 15th.
So the meeting is on the 16th.
Yeah.
Oh, sorry.
So it's like that's where the problem is.
So also just to add to that, I've been approving um travel payments on some of those, so it's already happening now.
So we need to take that in consideration that there are flights already getting uh planned out on the day before on the 15th, so just for consideration.
So if that's the case and you all as a body want to move your meeting time, we need to agenda that officially because that was approved.
That meeting date was officially approved.
So um I don't have any dates in front of me to kind of throw out there, but that's something that we can look into and bring back.
But I guess I need to know how you all maybe feel about this.
Is this something that you want to have moved to a different day?
Which is really going to be awkward and hard due.
Um it can't even be a short meeting because nobody will be half the won't even have a corn properly.
So could we move it to the following week, the following Monday?
I mean, you could.
You guys are just having a back back meetings, um, Monday meetings, as long as you all are okay with that.
Um we would have to check other meetings to see there's no no conflicts, but I think we're gonna have to do that.
Well when do you get back?
I'm I was just looking.
It says from the dates, it says 16th through the 18th, so I don't know when people are flying back up.
So I was wondering about the 19th, so it won't be so close to the next meeting.
Wait.
I don't know my wait, wait.
The it won't be back to back.
I think March is a month.
We have an extra week in March.
Yeah, it looks like well we can do because I don't want to drag it out.
Everybody's been here.
We can look at dates.
We'll bring it back the next meeting, and you all can make a decision.
Well, I just looked and it is a five Monday month.
So we're gonna put it the 23rd, move it from the 16th to the 23rd.
We'll we'll figure it out.
Okay.
Is that in DC?
Okay.
So all right, that was all for me.
Thank you guys.
Have a happy new year.
Mr.
Robinson, I believe you have good news for us.
Well, I I don't know about good news.
Um but the news.
News, yes.
So uh in talking with our facilities group, we are still on schedule uh to finish the bathrooms before uh uh the week of the sixteenth, so before Christmas.
Um so it's coming up fast.
I did look in there, there's tile that's been put on the it's there.
So you're saying that's our Christmas present.
Just yours, Commissioner Batsy.
That's what you get.
You can use the bathroom first.
And um I will look into uh trying to get this addressed.
I did try that.
I think that's just a taped on fake one.
Yeah, so that's to make you feel better.
But I will uh but we'll stay on top of the the bathrooms and uh they are coming along.
Thank you.
And sorry about the delay.
Thank you.
Uh okay.
Mr.
Bullock.
No ma'am.
Okay.
So it sounds like we are adjourned.
Sarasota City Commission Regular Meeting - December 1, 2025
The Sarasota City Commission met on December 1, 2025, from 9:00 AM to 7:42 PM at City Hall. All five commissioners were present: Mayor Debbie Trice, Vice Mayor Kathy Kelley Ohlrich, Commissioners Jen Ahearn-Koch, Liz Alpert (via Zoom), and Kyle Battie. The meeting covered a wide range of topics including a proclamation, public comments, consent agendas, board appointments, affordable housing updates, legislative public hearings on the Downtown Improvement District and sound ordinance, a quasi-judicial hearing on the Bobby Jones Golf Course clubhouse, and several new business items.
Consent Calendar
- Proclamation: Recognized December 1, 2025, as Public Art in Motion Day, presented to Ringling College of Art+Design students.
- Minutes: Approved minutes of November 3 and November 7, 2025, both unanimously.
- Consent Agenda No. 1: Items 6.1 (roof replacement), 6.2 (ADA change order), and 6.3 (affordable housing unit assignment) were removed for discussion and approved individually (5-0 each). Item 6.4 (police lieutenants collective bargaining agreement) was approved on consent (5-0).
- Consent Agenda No. 2: Resolution 26R-3368 (budget amendment for traffic enforcement overtime) approved (5-0). Ordinance 24-5531 (easement vacation) removed for clarification and approved (5-0).
Public Comments & Testimony
- First Citizens' Input: Martin Hyde criticized commission spending and trust in staff, citing a $2 million fund transfer and lack of disclosure on contamination. Eugene requested restoration of written comments on Sarasota Police Department social media pages, calling the current policy a violation of free speech.
- Sound Ordinance Public Hearing: Over a dozen residents spoke, showing videos and data on excessive noise downtown and at beaches. Speakers urged adopting stricter decibel limits, earlier nighttime hours (10 PM or 11 PM), and a plainly audible standard. John Bordeaux and Linda Howler-Sloan provided detailed comparisons with other Florida cities. Paul Madison, representing Madison's City Grill, asked to maintain existing hours (11 PM weeknights, midnight weekends). Several residents also raised concerns about vehicular noise, jet skis, and school exemptions.
- Bobby Jones Clubhouse: Several residents spoke in favor of the one-story option, citing cost savings and financial prudence. Norm Dumain urged honoring the original penny tax allocation for the nature park. Sean Pearson argued that delaying the two-story design would increase costs.
- Vacation Rental Expansion: Three residents opposed expansion, arguing it would harm affordable housing and small property owners. Sylvia Radke and Kim D'Aliato noted that short-term rentals help them afford homes in DTN.
- Bay Park Day Docks: Eugene criticized charging fees as a money grab, stating no other Florida municipality charges docking fees at public ramps.
Discussion Items
- Citizens with Disabilities Advisory Board Annual Update: ADA Coordinator Jake Brown and Chair Rosemary Krimbel presented accomplishments including the Eco Rover beach wheelchair (27 riders), closed captioning funding, and web compliance progress. The board received the report.
- Affordable Housing Advisory Committee (AHAC) Status Update: Planning Director Steve Cover and General Manager Ryan Chapdelain reviewed 11 statutorily required topics, noting progress on density bonuses, impact fee reductions, ADUs (70 built since 2021), and a pipeline of over 1,000 attainable units (649 from private sector). Discussion included data tracking, parking issues in Rosemary District, missing middle housing, and possible expansion of ADU programs. No action taken.
- Downtown Improvement District Ordinance (25-5572): Business District Manager Julie Ryan presented amendments to align the district's purpose with its strategic plan. An earlier public speaker (Jim Lampl) urged sidewalk widening for wheelchair accessibility. The ordinance passed first reading (5-0).
- Affordable Housing Advisory Committee Ordinance (26-5587): Ryan Chapdelain explained the amendment to create a city-only AHAC after the county terminated the joint interlocal agreement. Passed first reading (5-0).
- Sound Ordinance (24-5518): Former City Attorney Bob Fournier detailed proposed changes: reorganizing decibel limits into inside/outside source categories, adding a plainly audible standard, and setting nighttime hours. After extensive debate and multiple motions, the commission adopted (5-0) a motion to pass the ordinance on first reading with amendments: mirror the City of Miami Beach plainly audible standard (11 PM-7 AM, 100 feet, seven days a week, with midnight on Friday and Saturday; exceptions for New Year's Eve and July 4th), include enumeration of sound devices and prima facie evidence. Separately, the commission voted unanimously (5-0) to direct staff to hire a consultant for a sound study on maximum decibels and zones.
- Bobby Jones Golf Course Clubhouse Design Options: Parks staff presented two options: a two-story (11.2M, 220 seats, 17-month timeline) and a one-story (7.2M, 60-70 seats plus banquet space, 20-month timeline). After discussion on funding, operations, and community input, the commission voted 4-1 (Alpert dissenting) to move forward with the one-story design.
- Quasi-Judicial Public Hearing – Bobby Jones Site Plan: Following the design direction, the commission denied (4-1, Alpert dissenting) the site plan for the two-story clubhouse as moot.
- Vacation Rental Expansion Feasibility Report: Vacation Rental Compliance Supervisor Hannah Chabica presented data on 574 registrations, 86 complaints (82 in existing zones), and three policy options. The commission voted (5-0) to direct staff to research costs for Option 3 (partial expansion to DTN zone) and return with more information.
- Bay Park Day Dock Rates: Parking Manager Broxton Harvey proposed $2/hour, 5-hour max, 8 AM-8 PM Mon-Sat. After public comment, the commission approved (5-0) the rate and directed staff to research other municipal dock rates and confirm that future rate changes require commission approval.
- Charter Official Evaluation Performance Format: HR Director Stacie Mason presented four format examples. After discussion, the commission reached consensus to use a narrative format (Example 3) focusing on duties commissioners interact with, supplemented by a one- to two-page self-assessment from each charter official, a salary history sheet, and a section for compensation discussion.
Key Outcomes
- Ordinance 25-5572 (Downtown Improvement District): Passed first reading (5-0).
- Ordinance 26-5587 (AHAC Composition): Passed first reading (5-0).
- Sound Ordinance 24-5518: Passed first reading (5-0) with amendments adopting a plainly audible standard modeled on Miami Beach (11 PM-7 AM, 100 feet, midnight on weekends*, exceptions for New Year's Eve and July 4th). Consultant hired for sound study (5-0).
- Bobby Jones Clubhouse: Commission directed staff to design a one-story clubhouse (4-1) and denied the two-story site plan (4-1).
- Vacation Rental Expansion: Staff directed to research costs for partial expansion to DTN zone (5-0).
- Bay Park Day Docks: Approved $2/hour, 5-hour max, Mon-Sat 8 AM-8 PM; future rates set by commission (5-0).
- Charter Official Evaluation: Consensus on narrative format, self-assessment, salary history, and compensation discussion.
- Board Appointments: Sadek Omar and Eileen Hampshire appointed to Downtown Improvement District Board; Alexander Neihaus appointed to Planning Board (permanent), Chad Oberson as alternate; several reappointments approved; Affordable Housing Advisory Committee appointments postponed one month (4-1).
- Other: Lease with Historical Society approved (5-0); commission representation on various boards finalized; March 16, 2026 meeting rescheduled to March 23, 2026 due to National League of Cities conference; shade meeting announced for two lawsuits.
Meeting Transcript
Good morning. I'd like to call this meeting of the uh December thirty first regular city commission meeting of the city of Sarasota to order. Um first we will have the invocation by the city auditor and clerk. Please stay in. December first. Heavenly Father, we affirm our faith in thee. We seek your divine strength, wisdom, and guidance in deliberations of the I'm sorry, in guidance in the deliberations of the lives that affect each of the citizens of our community. Sorry. Thank you all very much. Commissioners, would you mind taking a picture of maybe real quick? Great. Thank you. We'd love to take a look at the question. Congratulations. Thank you all. They're really good. And then we if you turn around and face the audience, then we will stand behind. See this way, the city of Sarasota is right behind us, and everybody's motion because we're going to call it. Come on, Robert. Go ahead. Well, thank you again to Beyhaven students. And the next thing on our agenda are changes to the order of the day. Um Madam Mayor, just real quick, we just want to make the announcement that Commissioner Albert is via Zoom. So just so the public is aware. Thank you. And and that will adjust a little bit of how we do things. So changes to the order of the day. The mayor have a couple of suggested changes to the order of the day. Actually, I have two changes to suggest. So I suggest that we define membership qualifications before we appoint members. So I'm suggesting that we move item eight point two to immediately following item ten point two. Yes. Could I have a motion to either for or against that suggestion? So move. Let's vote. Four? Yes. Four. Second. So move by Commissioner Batti, seconded by the Vice Mayor. We'll do a roll call vote. Roll call vote. Yes. Aaron Kotch? Yes. Alpert. Yes. That's E. Yes. Already?
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