Sarasota City Commission Regular Meeting – March 2, 2026: Key Decisions on U.S. Recycling, Vacation Rentals, Performing Arts Center
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Mayor, good morning.
I'd like to call this regular meeting of the city uh March second, twenty twenty-six city commission meeting to order.
Uh first we will have the invocation, and I'm gonna ask uh City Auditor and Clerk Greeks.
And Vice Mayor, would you lead the pledge?
Yes.
Yes, thank you, Mayor.
Please move unfinished agenda item number nine point four to agenda item nine point one discussion rate.
City commission discussion and direction regarding whether the city attorney's office should investigate evaluate potential legal administrative remedies, including civil public nuisance action relating to alleged ongoing conditions and impacts associated with U.S.
recycling operations within the city of Sarasota per the request of Commissioner A.
Okay.
So move.
Second.
Okay, move with Vice Mayor seconded by Commissioner Ahern Koch.
May I have your votes, please.
And that passed unanimously.
Thank you very much.
Now, if you will join me out front, we have a proclamation.
Okay, we have a little bit of a uh mix up that the proclamation isn't physically here right now.
Um so I'm going to oh okay.
Um well I was going to kill a little bit of time for those of you who were not aware on Friday, we unanimously voted to um uh ask Carrie Fryling to be our next city manager and authorized uh city attorney Polzak to negotiate a contract with her.
So we are really excited that not only will we have a new city manager after 17 months, it will be the first female city manager in the history of the City of Sarasota.
And with that now.
And with that, I also have the pleasure of recognizing women on this second day of women's history month.
Um I would like to call down representatives of the National Association of Women in Construction, Gulf Coast Florida chapter to join me up here.
Thank you.
And this is a proclamation, whereas the National Association of Women in Construction, NAWIC, Gulf Coast Florida chapter, has distinguished itself as the voice of women in construction in the City of Sarasota, and whereas the work done by the Gulf Coast Florida chapter has benefited Sarasota through community development and educational programs, whereas the Gulf Coast Florida chapter has unceasingly promoted the employment and advancement of women in the construction industry, whereas the construction community, represented by the Gulf Coast Florida chapter, has been a driving force in fostering community development through renovation and beautification projects, promoting skilled trade trades careers, and advancing a positive vision of the future.
And whereas the Gulf Coast Florida chapter has sought to achieve successful results for the City of Sarasota and surrounding areas in a cooperative spirit with other organizations, 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 the week of March 1st through 7th, 2026 as women in construction week, a week of special importance and worthy of the recognition of the residents of the City of Sarasota.
And thank you all very much.
And would you like to introduce yourselves and say a few words?
Thank you.
My name is Leslie Marie Velasquezoto.
I am a former architectural drafter and um now low voltage assistant project manager, and I am uh just glad to kind of open the window to other women in our industry.
I'm Jesse Wilson.
I am a project manager with Wharton Smith.
I'm just really uh happy to be a woman in construction and just helping to lead the way of other women in the industry.
I'm Christy Alvaro, and I went to school for civil engineering.
I am vice president of estimating for Ajax Paving Industries of Florida, and very happy to be recognized.
I mean, it's it's great.
We've come a long way in the industry.
Thank you.
Hi, I'm Rebecca McConnell.
I'm an account executive with Rose Paving.
Uh I've also done project management for large multinational accounts, and this is my first time focusing on local, but I love it, and thanks for having us.
And this is my first time focusing on local, but I love it, and thanks for having us.
Thank you, Commissioners.
Would you like to come up?
Thank you.
Well they're getting to remark that this is now a changed face of the construction industry, and it's good to see it.
And you are proclamation in the We will squeeze in.
All right.
Thank you very much.
Thank you again.
Thank you.
Moving right along, we've reached the point where we take citizens' input concerning city topics.
And we have three requests to speak cards.
Robert Firth, Dwight Cherry, and Christine Robinson.
If you will join us up here.
Oh, sorry, before we started, I forgot to ask the auditor and clerk.
Reach the pledge.
Thank you.
We may disagree, but we will be respectful to one another.
We will direct all comments to each issues.
We will not engage in personal attacks.
Thank you.
Mr.
Firth.
Yes.
My name's Bob Firth.
I'm a resident of Broadway Promenade.
I'm also on the downtown Sarasota Condo Association board.
But I'm speaking on behalf of myself.
The um you guys our unit is directly across the street from uh 10th Street uh boat ramp and right next to Pioneer Park.
We're in the dust plume of the um U.S.
uh fallout from U.S.
uh recycling.
We are across from the proposed uh uh uh arts uh or performing arts center.
Uh needless to say, we're right in the middle of everything you guys are talking about today and and talk about most of the time, actually, it seems like um something that uh I think you guys don't get enough credit for is listening to us citizens.
Um we uh we really appreciate um uh all of you coming out to our meetings to uh interact with the community and hopefully looking out for our best interest.
Um that that's something I don't think gets said enough to you guys.
And so I hopefully starting the meeting out that you guys hear that loud and clear.
Um you've got a lot on your plate.
Uh there's an elephant in the room that we all are talking that we can't talk about, but we have to, and that's uh how we're going to fund local government with what's going on in the uh legislature right now, and that's um obviously you guys are looking at how we are going to uh disperse funds and so forth, and hopefully we have some funds to disperse.
Um anyway, um obviously uh your input and your actions today and going forward affect the uh citizens of Sarasota a great deal.
And from on my own behalf, I just want to thank you for all the effort that all of you put into uh looking out for our best interests.
And that's it.
Thank you very much.
We appreciate it.
Uh Mr.
Cherry.
Good morning, how are you doing?
I'm an owner, operator of Stroke.
Well, first give you your name and if you're a city resident.
How are you doing?
My name is Dwight Chair, I'm a city resident of Sarasota, born and raised, been here for 40 years.
I just turned 40, February 11th.
Um I'm the owner and operator of Stroke Seafood, and we're in the heart of Newtown, which is off of MLK and Osborne, 2745 North Osborne Avenue.
We've been having a lot of issues with the city of Sarasota far as the zoning.
Um meaning requirements and things of that nature.
And I've been in business in that area for seven years.
I've been in business all together for 13 years in Sarasota.
And we still have issues, and I'm just trying to figure out how do I get my issues solved and when I go to the magistry, which is I believe uh next month.
I have problems with them, so I'm just trying to get everything solved, and they keep telling me to the best way to solve them is to come to the city commission.
So I'm here.
And one of the main issues is the noise ordinance situation that we have in Newtown.
And um just trying to figure out how can we get it solved, how can we work together, how can we make everything right.
Another issue I have with the Sarasota is the policing that they do in Newtown also is running my customers away, is making my customers uncomfortable, is making me very uncomfortable.
Umcomfortable.
And we like I said, I've been in this building for uh eight years, and I've never had trouble with the size of the last two years far as the complaints that's been coming in that I have no idea where they're coming from.
I came to you guys before for the anonymous complaints and anonymous phone calls through the city of Sarasota, and it hasn't been solved yet.
And we're just trying to get the issue solved because I'm trying to run the business.
Um bringing um a lot of attractions to Sarasota.
We're trying to give it the best seafood spot you got in the area, and we're doing a great job doing it because you can actually Google Stroke C Food, and you can see that we're 4.6 stars in the heart of uh Sarasota.
You can see that we we get in 1.6 million views.
You can see that we bring an attraction and we bring in the customers, and we have great customer service and hospitality.
So we're just trying to keep it going.
We're just trying to get the city of Sarasota to stand behind us and make new town great again.
Okay.
Thank you very much.
You're welcome.
Uh Ms.
Robinson.
Mayor, Vice Mayor, Commissioners, good morning.
Christine Robinson on behalf of the Argus Foundation.
I'm here today to express my gratitude to Mr.
Bullock.
Mr.
Bullock arrived at a time when there was unease within and outside of city government.
You had made a bold and good decision to completely reset the city manager search.
Budget planning was coming, and the lack of FEMA and state reimbursements were creating instability in the j in the budget.
And the county was aggressively threatening to dump stormwater and the mess they created with lack of maintenance on the city.
Mr.
Bullock stepped in and immediately began work on the budget and aggressive outreach to make sure his recommendations and the reasons behind them were understood.
He quickly became an asset and got control of city government, allowing you to focus on the city manager search.
He listened to both residents and businesses.
He quickly settled items that would have been distractions to you in the dais, and he forced opposing groups to talk.
He stopped the county in its aggressive and harmful track to dump stormwater on you.
His history and knowledge on this issue is unmatched.
I hope he downloads some of that to Ms.
Reeling, as I believe the county is probably waiting for him to leave before beginning their work on this again.
Mr.
Bullock, you got this county through a recession.
You led the town of Longboat Keith through complex infrastructure accomplishments.
You breathe life into a failing EDC that is flourishing today, and you put your time, you had put in your time and had left a legacy here.
You are enjoying retirement and didn't have to do this, but you did it, and the city of Sarasota is better for it.
The Argus Foundation thanks thanks you.
We thank you and your amazing wife Ray Dowling for your time, talent, and leadership.
We have all learned so much from you.
Like with every stop you have had, the city of Sarasota is in a better position with your leadership than when you found it.
Thank you, sir.
We hope you and Ray enjoy your well-deserved retirement.
Thank you.
And that's the rare exception to the no applause rule.
Okay, move moving along to approval of the minutes of the regular city commission meeting of February 2nd.
So moved.
Second.
One second.
I just wanted to state for the record that I did have a non one non-substantive change.
Okay, thank you.
So it moved approval by Commissioner Batti and seconded by the Vice Mayor.
May we have your votes, please.
Unanimous approval.
Thank you very much.
And we have minutes of the special uh I have two identical things.
I'm sorry.
Special City Commission meeting of uh February 10th.
I had one non-substantive correction to that.
Um and with that I'd move approval.
Second.
Okay.
Uh moved approval by Commissioner A.
Hearn Kotch, seconded by Commissioner Batti.
May we have your votes, please.
Passed unanimously.
Thank you very much.
We are now at board actions item uh 5.1 and I'm gonna okay, and it's about the it's a presentation on the citizen tax oversight committee, and I'm going to call upon Finance Director Strickland to make a presentation.
Good morning, Commission.
I am very happy to talk to you today about the Citizens Tax Oversight Committee.
And with me I have our committee chair, Miss Christina Chance, and she is going to get this presentation.
Good morning, Mayor Trice, Vice Mayor Oliver, City Commissioners and Officials.
As I'm the chair of the Citizens Tax Oversight Committee, and with me, Kelly is our longtime director of financial administration who does all the hard work.
The purpose of the committee is sure.
Could you speak in the mic a little bit more?
Thank you.
The purpose of the committee is to ensure the transparency and accountability of the procedural requirements as set forth and approved in the City of Sarasota Code.
Today, as required, I'm submitting the committee's annual review of any changes or reallocations as adopted by the city commission to the project list, which is funded by this one cent local option sales tax, otherwise known as the penny tax.
In so doing, we make sure that the proper procedures have been followed according to city code as it applies to the project list.
And this report will confirm that any changes made met with the established requirements for modification.
So what does the Citizens Tax Oversight Committee actually do?
By reviewing any changes in the amounts or the time utilized, we ensure the transparency and accountability for the projects funded by the penny tax as they relate to the county and city codes.
We then make an annual report to the commission as to our findings.
How do we do this?
After reviewing these modifications or allocations and changes made to the project list, we confirm that the procedural requirements of the codes are met and that it is further documented in hearings and resolutions.
Why is that important?
The liaison that we have builds trust between the city and its residents.
And lastly, and probably most importantly, if you have ever wondered what one little penny can do, you might review the hundreds, if not thousands of long-term infrastructure improvements and betterments funded by this initiative.
It's truly amazing.
It's not just a little make work project.
It's absolutely vital to the maintenance, growth, and beautification of Sarasota.
Thank you.
Thank you.
Are there any questions from the commissioners?
And Commissioner A.
Hern Koch.
Thank you.
Thank you very much for your presentation and thank you for being here today.
I appreciate it.
And I appreciate you all serving on the board.
So thank you for that.
Typically, one question that's asked in this kind of a presentation is is there anything your board sees or that if maybe you all had discussed or not?
Any improvements in the procedure or the process or the direction of the board that you could see that would help the city.
There are an amazing number of them.
If you if you take the time to look at all the the project list, it's many, many, many, many pages, as you may or may not be able to see, that are funded by this one little penny.
And what we do is make sure that it follows the rules, the codes as set forth.
And if there's any any changes, which invariably there are changes, because some projects need to take priority over others as a result of whatever.
So that's what we review to make sure that it's all done according to the code and according to appropriate uh designation designations from the city.
But uh I believe that in our review we did not see anything that's out of form.
Thank you for that.
And your process, the process that you all, as a board, do you see how we could improve the board's function at all?
Is there anything that's missing from the process of the board's review?
Um I think that in my opinion, it's all done very um it's it's everything's highlighted highlighted, the changes that we need to look at are obvious and and there's nothing that I have seen that that causes me to have concern in the way it's being managed.
Wonderful.
Thank you.
That was my question.
Thank you.
Uh uh any other so thank you very much for your report.
And uh do we need to uh have a motion to accept the report or move to accept the report.
Second.
Okay.
Move by the vice mayor, seconded by Commissioner A.
Hern Koch, and it is accepted unanimously.
Thank you for your service to the city, and thank you for being as well.
Thank you.
Okay.
Um the next item on the agenda.
At this time, the City Commission will recess as a city commission and convene into a special session of the community redevelopment agency.
We're not going anywhere though.
So I then will open the, I believe, special session of the community redevelopment agency.
And the first item on the agenda is to approve the minutes of the special uh Sarasota Community Redevelopment Agency meeting of January 5th.
And may I have a motion?
Move approval of the minutes for for the CRA for January 5th, 2026.
Second.
Move by Commissioner A.
Hearn Koch, seconded by Commissioner Batti to approve the minutes of the January 5th special CRA.
And may we have your votes, please.
And that passed unanimously.
So now we move into uh item number two that the uh report that the Newtown Community Redevelopment Agency Advisory Board is seeking a grant agreement approval for a redevelopment project located at Dr.
Martin Luther King Junior Way and Leon Avenue for Margot Ventures LLC in the amount of 250,000.
And I will call upon uh Newtown CRA Advisory Board, Vice Chair Yancey, Member Preston, and Economic Development Manager Appleby to make a presentation.
Welcome, gentlemen.
Okay.
Good morning.
Wayne Appleby economic development manager and staff liaison to the uh Newtown's CRA advisory board.
Uh we're here today.
If I could have the day to provide a board report, which I'm primarily going to let uh Mr.
Yancey talk about uh in regards to our initiative uh titled the Dr.
MLK redevelopment initiatives.
Last year the CRA created uh this initiative and placed $900,000 into a fund for redevelopment opportunities to support redevelopment opportunities along the corridor.
And the CRA at every meeting monitors what's happening with with developments and development opportunities along the corridor so that they can position themselves to be supportive when they see projects that meet some of their goals, you know, such as increasing the tax revenue, their primary purpose uh for the Newtown CRA, increasing job opportunities, uh revitalizing the corridor, trying to identify catalyst projects that will lead to reinvestments uh along the corridor, and when projects also meet a community service or need.
And so over the last uh uh several meetings uh they have been discussing a project called uh 2700 Margos.
It's a banquet hall uh renovation project at the corner of MLK and Leon Avenue.
Uh and it is uh of all of the developments that or renovations that we're talking about along the corridor, it's the one that's uh kind of shovel ready and further furthest down the path.
And so I'm gonna turn it over to Mr.
Yancey to talk about the project and the board's vote.
Good morning.
Good morning.
Right on coup.
Good morning.
I'm here today to present um, like Mr.
Appleby explained um the Marco venue project.
Um I'm here to present the project.
The uh the actual owners will uh promote the project, and you'll have um ample opportunity to participate in the project.
So let's get started.
Um as Mr.
Appleby mentioned the project is at the corner of MLK and Leon Avenue.
It's it's um the project type is a renovation.
It will be a banquet hall.
The project owner is a netown CRA resident.
The project contractor is also a Newtown CRA resident, and the project cost is $513,000.
Newtown CRA recommendations, how we arrived at the decision.
Recommendations to award additional $250,000.
It was uh a three to O vote before um required conditions before the money is before our money is spent.
We have a few required conditions placed upon the owners.
Proof of non-CRA matching funds, of course, they have to make sure we they have their additional funds, which my math comes up to 263,000.
Uh proof of proof of actual costs.
We've been presented with some estimates, so we need proof of actual cost.
Proof of non CRA expansion.
Um proof of payment reimbursement expenses, and those are the recommendations that we will hold Marco Veneure um liable for before our 250 dollars, 250,000 is spent.
Basis for the recommendation.
MLK is a long MLK is long overdue for a CRA project.
Um I've been on the board um a little over two years, and this will be our first uh project.
Uh we've uh given money to the project is permitted and shovel ready.
Which means um the city has already approved it.
The project will increase the tax base by hiring one full-time employee and one part-time employee.
The project will bring we're bringing substantial funding, and the owner, owner of the project owns the project outright, no mortgage.
The property will provide a needed resource to the community.
The project aligns with Newtown CRA development plans and funding is available.
You want to pass it back to just in summary, just to clarify a couple of points that Mr.
Yancey mentioned.
Uh it was a 3-0 vote at the January meeting, and I just wanted to explain that.
So we have a one vacancy.
We still have one vacancy today.
Uh, and we look to bring that to you at the first meeting in April for some appointment.
Uh and we also had a member that had a medical issue and was unable to attend.
So there were three members that voted in affirmative for this recommendation to you.
And lastly, in one of the required conditions, just wanted to be clear that one of the required conditions were the awardees own personal funds must be spent first prior to the CRA funds being.
So we should see the project substantially on its way before our dollars would be put in.
So with that, the recommendation of the advisory board is to approve the grant agreement that's uh within your packet.
Okay.
Thank you.
Commissioner questions, uh Commissioner Batti.
Thank you, Mayor.
And uh thank you all for your presentation.
Um the the CRA is a a very, very uh sensitive you know funding source, you know, um in Newtown.
Um I know that one of the the key things uh upon my running was um to bring attention to it, and that is uh transparency and accountability.
Because when I came in in the office, uh there was hardly any funding going into the CRA because the tax base in in Newtown was so low.
So the incremental uh Avalor and taxes weren't necessarily you know um replenishing what was going out.
Can you give me uh Mr.
Appleby if you if you have on you um you know where we were, where we have been and where we are right now?
Sure.
So in in 2018, um the the revenue uh provided to the CRA through advalorum taxes was approximately $50,000.
Um what is anticipated uh in in this upcoming year would be $476,000.
So uh the fund has seen, you know, as a result of property values uh and advalorum uh assessments going up.
Um it has seen quite a bit of growth.
But you know, trying to implement all of the goals of the CRA plan on a reoccurring fund of $470,000, uh you have to make some priorities and choices in what you do.
Okay, and uh uh thank you for that.
Um and that's you know one of the essential components of uh of the CRA in way of you know it being able to fund projects you know on the corridor in in Newtown period, as we all know.
Um I'm constantly uh striving to get out in in Newtown and outside of New Dale, the greater Sarasota or whatever is uh how Sarasota is better when all of its neighborhoods are better.
You know, me being the representative of District One, you know, Sarasota is great when uh Gillespie Park is doing better when Arlington is doing better, when Bayu Oaks is doing better, or Newtown is doing better.
But uh Newtown has a ways to go and which to to catch up to the rest of the city, you know, in the rest of the neighborhoods.
Um of the things that that I myself um you know I'm working on uh is a total and complete uh revamping and revitalization and redevelopment of Newtown and uh put in together a consortium of of stakeholders in in the in the community, Mr.
Yancey, Mr.
Rail Sale, and Mr.
Keefe DeBoes such as uh people such as Mary Mary Butler and the alike to help you know push this initiative forward, and that is so that everyone has some sort of idea because we will be bringing it to you.
Um that is urban mixed use of commercial space on the bottom and attainable affordable housing up top.
And that will go from the east side of 301 down to Leon Avenue, correct?
So teaming up with uh developer Mr.
Scott Eller with a French quarter type of face and or facade along the corridor to give it uh in ethnic uh historic and Newtown have it on its own character and identity to set it aside from say downtown or Rosemary or any other you know place in the city.
Now that being said, you know, I'm trying to figure out how this you know project works within uh you know what we have coming down the pike.
along the corridor to give it uh in ethnic uh historic um and new town have it on its own character and identity to set it aside from say downtown or roads marry or any other you know place in the city now that being said you know I'm trying to figure out how this you know project works within uh you know what we have coming down the pike we just did a three day rendering or whatever that we'll be presenting sometime rolling out sometime soon in the near future uh just making some tweaks here and there um and especially like with a three member board with three people on the board which is a five member board and especially when we're talking about 250 thousand dollars and if I'm not mistaken you just said that it was 900,000 that you all earmarked for uh redevelopment or what have you that that's that's correct uh nine hundred thousand dollars is in that line item for redevelopment projects along the corridor so it meets the definition um because it's on the corridor of MLK yeah Commissioner Batty you're referring to the the 3D modeling and visioning uh project for the corridor uh which we hope to engage in community conversation in the near future to to have the community's voice and what they want to see on the corridor so this project's a little bit ahead of that uh visioning project it's also uh a block uh west uh from the area we were primarily focusing on initially okay so just to just just to be clear so we also have the uh African American culture center you know going going on essentially across the street or caddy corner if you will um that's gonna have banquet space as well so I'm trying to make sure that there's not some sort of redundance of of of service you know right there in the same area and two and especially with a five member board you know with three not having the opportunity to to s to speak to to um you know to this initiative of 2500 or whatever um because that's a third of uh of of that allotted money and uh um that's pretty much the the the the budget uh of that you know and uh I don't know I'm uh I I'm um um kind of having a hard time when it's like I said they're supposed to be five members or on this and when I know it's a quorum with three but the other two not even have an opportunity to weigh in on it you know so um Mr Salem you have a question yeah uh thanks uh Terrell Salem I'm the um prime contractor on this project and the uh representative for the owner Margot Venture so basically um just to give you some background on this project this project has been in the making for over three years um it was a process when we initially bought this project um to the city it was denied because the zoning did not identify banquet halls so the owner had to wait for um amendments to be made to zoning which repres uh recognize banquet halls as a standalone entity it was before previously it was um an accessory to an an uh an another business so um the owner has already out of her own funds put eighty thousand dollars of funding which we've submitted all of that documentation to the city for a project of this size it has had to undergo major major um engineering we had to have a civil engineer had to have a structural engineer had to have MEP ME uh mechanical electrical plumbing engineer and an architect so um all of those monies have already been pre-spent and receipts have been turned over uh at the same time we finally got the zoning to recognize banquet halls we came back to the board again and um asked for 2500 because of the outlay that had to be made initially of the $80,000 of the funds.
So that's why uh the ask was for $250,000.
But I think that the city needs to realize that this is a unique project.
One, the CRA hasn't done anything in a long time and except giving money to nonprofits and that's all well and good.
But nonprofits don't generate tax revenue right so this project is going to have a value increase once I'm once I'm done we have uh about a $500,000 um improvement cost.
Trust and believe the tax assessor is going to reassess this building.
And we do expect the average portion of the taxes to get up around probably about six six thousand dollars by themselves for just that alone that will be coming into the callers every year.
Um I know they said that there was uh two employees, but it's actually seven employees that will be working their part-time jobs as the bank will hall will operate from an hour of about um as early as 7 a.m.
as late as 1.30.
Um you mentioned the other projects.
This project was already identified before the thought came into who's ever mine about revitalizing the corridor.
The bank will hall across the street, that is not shovel ready.
Shovel ready means that it's ready to go.
Um as soon as I get approval from you all, go to the and then we take the letter that we will get from you, go to the bank, get the uh remaining funds, we'll put the project in action.
We don't have to wait for anything.
That and Mayor, I have a point of order.
Mr.
Salem was not one of the three presenters that were indicated to us.
He came down without invitation.
I respect what he has to say, but do we need to officially receive him at the table and allow him to speak?
Absolutely.
Um because he is part of the board, so I mean that's why.
Well, I just I didn't speak out of order.
I was I I was recognized.
I was recognized.
Um all respect, Ms.
Haldrich.
I was recognized.
I was raised, I was raised right.
And uh I don't speak until spoken to the We sat on the planning board together, sir.
I know you you do it right, but I just wanted to confirm that this is in order.
Okay.
And and and he is able to answer the questions that Commissioner Batte asked.
Thank you.
And let it be known that you know the commitment vice mayor Ulrich is a stickler for procedure and rules or whatever, so by no means disrespect.
But I I think at this point we need to uh give time to other time.
Thank you very much.
So Commissioner Ahern Kotch.
Thank you.
Um I have a couple of questions, Mr.
Appleby, and you the rest of you can feel free to weigh in.
Should that be the m most appropriate person to respond?
Um I will officially recognize Mr.
Salem.
Um a couple of questions about the details in the documentation that we have been given.
Uh there are several references to hiring locally and from the community.
So in our blue sheet in the backup material from not the backup material that I pulled the minutes from the meeting.
Um, and it's on page three of the minutes, the sixth paragraph, item number three.
The board discussed the funding level request uh at length and offered the following points in support of the $250,000 request.
The third one is hiring new and part-time employees from the community.
Do we have a definition of local hiring and or from the community?
It weighed heavily in the board's decision, and I would like to know what that means.
Yeah, I I don't believe there is anything legally that would hold the awardee to that particular type of hire.
Um I think it was a good faith effort by the applicant who was you know is from the community, has an interest in serving the community, that that is what they would do.
But but to answer your question, Commissioner, I am not aware of any specific definition, and there's nothing in the grant agreement that requires them to hire a specific individual from the community.
Right.
I suspect like all employers, they want to hire the best employee they can get.
Sure.
I mean, from the community could be somebody from Arcadia.
Right.
I mean, you know, I don't know what that definition is, and it was one of the four reasons why they approved it.
And I would assume from the community means the city and or taking it smaller from the new town community.
But without that in there, it's it's a it was a main point of the reason why they supported it.
I just would like some clarity clarity.
If if I can remember the conversation correctly, the board members speak to, their community was new town community, hiring people from the newtown community.
But all I'm saying is I don't think that there's a legal nexus to actually require that.
Okay.
Well, I just want to make the point clear that should this pass that the owner of the project um know that that was one of the four reasons that was stated by the board for approval is to hire from the community.
Um and what that actually means.
Um then uh the name, because I'm a stripler for details.
We have it several times in here flipped around.
It's 2700 Margot or Margot 2700, or which what is the name?
So the LLC is Margoventures LLC.
I know, right?
Our understanding is that it's 2700 Margos would be the doing business as.
Mr.
Salem, do you know the No, it's uh Margot's at 2700.
It's a sign up right now.
Okay, with an at symbol.
Yes.
Okay.
So let's just make sure it's a um like that in the documents because in exhibit A, I think that's what it says is it with the at symbol.
Um but in the rest of the documentation, it doesn't say that.
Um then we were given in the the sort of concept plan.
We were given page S1 twice.
At the beginning and at the end of our documents, and I know Mr.
Salem, I'm looking at you.
Um I believe this this is your mock-up.
I didn't know.
I know you didn't probably weren't required to provide the information, but we have it in the beginning and at the end.
And I didn't know if the last page was an update of the first page or if it's in there twice for some other reason.
Okay.
First of all, it's not concept.
This is permitted.
This is ready to go.
Okay.
Scope of work.
Yeah.
So this is this is an actual project.
Got it.
Um I supplied the the full set of plans to staff.
Um I'm not sure how they compiled it for your uh viewing.
Okay.
Mr.
Appleby.
Yeah, could you uh I I'm trying to understand that.
So on page 23 is there are no numbers on my backup material, I just counted myself.
So page 23 and page let's see what would it be.
It would be page 16.
Read the label on the page.
Yeah, S1.
It says.
It's the scope of work S1.
And then uh it's supposed to be page 16 and then S1 is and it's teeny tiny, and I you can zoom in on the you know the the laptop, but uh you know you have to go all over, and I just didn't know if you could point out if there was a difference between those two pages.
And while you are looking, Mr.
Salem, if I could ask you quickly.
In our introductory information here, um it talks about uh no, I'm sorry, it's in the minutes of the discussion at the planning board.
Um one of the reasons um that the it says staff asked Mr.
Salem whether awarding the full 250 from the previous request of I believe 160 or something like that.
Um would exceed the project's funding needs based on the information submitted.
Mr.
Salem responded that the funding at this level would eliminate the need for value engineering.
Is that a good thing?
Isn't value engineering a good thing, or is it redundant in all the other permits that you received already?
Well, value engineering is not a good or bad thing.
Okay.
It's just based on your project, right?
So in the case of this project, the owner has already expensed $80,000 on those services.
If they value in near anything, they would have to go back and spend more money on those same services.
So it's already been done as redundant.
It in this case it would be redundant.
And the but let me also clear something.
You stated that the original ask was 160.
The original ask was always 250.
Oh, yeah.
But here let me explain this too, please.
The this application process was we were the pilot program for this application process.
So when initial application was given, it was not uh designed to capture some critical information, most notably that the building is owned free and clear.
There was nothing that asked what's the status of the building, are there any encumbrances or anything like that?
So that was crucial.
So many of the five board members at the time that approved the 160, they were hung up on the fact that they didn't know where the rest of the money was going to come from.
So when we came back to the board, unfortunately, one member time had ended and another member had suffered a medical emergency, couldn't be there.
But government must go on.
So we had three, we had a quorum, so that's why we ended up with a vote of three, and that's we came back and we said, hey, let's look at the 250 now that you have all of the pieces to the puzzle.
Okay, thank you.
So the answer is that the value engineering is redundant.
That's correct.
Got it.
Thank you.
Um and then uh on our blue sheet, Mr.
Appleby, it talks about in the last paragraph, it says that um the grant agreement is structured to ensure no uh no Newtown CRA dollars are expended until the renovation project has been substantially started.
What does that mean, substantially started?
It means they have to spend their 263 before one petty of our dollars go in.
Got it.
Um got that one.
Okay.
Those are my questions.
Okay.
Thank you.
Vice Mayor.
Thank you, Mayor.
I was quite concerned about a 3-0 vote.
You addressed it.
I encourage you to get up to five, you know, five as quickly as possible on your board.
You have four now.
We have four now.
Uh and uh we'll be back uh on the first meeting of April for our annual report.
And it my understanding is the clerk will present applicants at that time.
So appreciate that.
Thank you.
Um I think this is a good idea.
Uh I wonder, however, if any market analysis has been done to determine if an event venue can make it at the site in this area.
So as part of the application, they did provide a business plan and a pro forma that um again uh indicated if you uh if you can assume their assumptions are correctly that they will have the revenue to meet expenses.
Um but there is some honestly some subjectivity, I believe, to that.
You know, you do have to own those assessment uh assumptions.
Okay.
Thank you.
Mr.
Salon, please.
Thank you.
So basically, um this area is actively suffering from a lack of venue space right now.
Um of course there is the nice, beautiful Robert Taylor, but that venue space come with a lot of limitations.
Um a lot of people that would like to rent that space because it's a government building, uh, to have certain events that they would like to have cannot utilize that space.
And currently uh these uh residents of Newtown are forced to travel outside of Newtown for that space, which if you're having certain things would increase the cost to attend because now you might need to take an Uber a little bit longer to get back home, assuming you've enjoyed your night.
So we currently have things such as repasses for funeral services, or we have um you know birthdays and things of that nature.
This is the ideal space for that.
And we have already, even though the space is not ready, have been asked on numerous occasions if we could uh rent the place out for those events, and we've um had to decline that at this time.
Thank you.
Appreciate that.
Yes, ma'am.
Okay.
Um Commissioner Alpert, you no longer wish to ask questions.
I'm not Commissioner Albert asked my question.
Okay.
Thank you.
I I did just have a couple, and I'm glad Mr.
Salem is here.
But first I'll I'll ask Mr.
Appleby, what is the current use of that building?
So that may be a better question for Mr.
Salem as well, I believe.
I believe it's it's not substantially in use now.
Uh currently the building is being used by the owner to support a nonprofit that she has, which will also continue to utilize space in there.
Uh J5 organization is a uh uh girl organization.
So they are using it for their meeting space right now.
But it's not being outlet to the general public right now for insurance reasons.
Okay, because the reason I was asking is I was wondering if it was um generating any revenue for the owner right now, and would the owner then have to suspend that use while is it renovation or is it total construction that you addition and renovation.
So will she have to suspend well, I guess she's not doing business really right now, so won't have to suspend revenue generation while you are at work, right?
Right.
So basically what prior to um deciding to change use, um it was a daycare facility.
And that lease uh ended, and the owner knew that she was going in this direction, which she had started all the preliminary work prior to, and we hit that hurdle with zoning when we made application.
And um so no viable business is in there at this point.
So this this has been ready for about three years now to kick off.
Okay, so so she is already sacrificing any revenue that could be generated.
So I'm assuming she is eager to get moving.
So I'm wondering what kind of time frame do you envision if the approval comes through today.
You're saying the work is already permitted?
Absolutely.
So when do you estimate uh you know being able for her being able to get into business?
Okay.
So basically the loan process is about 60 days.
So once the loan process is over, so this is March, April, May, I expect to start construction in May.
I'm a pretty uh pretty fast contractor.
So I move things expeditiously, so um I'm incentivized as well to do so.
So I expect that I'll have this ready to go by end of year to um hopefully host something within the new year in the first year.
So we're looking at it generating income by January of 2027 if we move forward today.
Absolutely.
Which is positive for the CRA and is positive for the community.
Um yeah, that that is those are my questions.
And this I see Commissioner Aher and Kaj has one more, and we're sort of like deviating a little bit from the usual because we do have a request to speak that just came through.
So should we take the request?
Okay, we'll take Commissioner Ahern Kotch's question first.
Thank you.
Um Mr.
Appleby, on page 13 of the agreement, um it talks about um project publicity.
It says any news releases are other type of publicity pertaining to the project as stated here and must recognize the CRA.
Um do we um did we ask our communications department if the city should be recognized expressly in that as well?
Uh I have not had that specific conversation.
Uh we typically um do actually ask applicants to do both on a normal uh on our normal nonprofit funding.
Uh we we could incorporate that language in here if that was the will of the commission.
Okay.
I think it would be a good idea.
As you recall, we're the new town CR created a new branding last year, right?
So we've been trying to promote that brand image of Newtown.
Okay.
Thank you.
Um thank you for your presentation.
And I'm going to assume that we don't have any more questions after we hear from the speaker, but that becomes but that may be an option.
We'll stay by.
Right.
I'll leave the room.
Thank you.
So and I will call up Martin Hyde.
Mayor.
Um Mark.
I don't know, Miles or Laurie.
I don't know who is somebody on Zoom because you muted them.
Okay, thank you.
They're talking, they were talking on Zoom and I was just trying to tell them you.
Oh, okay.
It wasn't that they wanted to make a no request to speak.
Thank you, Mr.
Hyde.
Well, uh Martin Hyde.
I I was listening and so forgive the tongue thing.
You know, there's some let me just say first of all, I'm absolutely strongly in favor of investing in Newtown.
I'm not against this project or any other project.
But if I have just heard what I've just heard, you had three people of whom was it one was an interested party voting to get 250 grand from the city.
Also appear to be hearing that the contractor member of the board appointed given the job.
Isn't that the same contractor that left Miss Susie's in a pot of rubble?
Wasn't that a project just a few years ago that was going to regenerate and renovate the city that ended in disaster?
Is there no oversight here whatsoever?
Are we not going to ask the obvious question?
$250,000.
Let's spend it appropriately.
Let's not give it to who happens to be on the board.
Let's not give it to somebody that recently left a pile of rubble on Martin Luther King.
Come on.
That doesn't pass the sniff test.
That's all I need to say.
Okay.
Thank you, Mr.
Hyde.
Um Commissioners.
Commissioner Batti.
Uh yes.
Um can I bring the Mrs.
Hands?
Thank you.
Um I want to make you know a point of clarification.
Uh are you on the board of the CRA?
No.
No, this is that.
Yeah, all right.
So first of all, um my um planning board uh position from the city, because you don't sit on one board at a time, unfortunately.
Um my term ended.
So I'm currently searching for a good board if y'all want to recommend one.
I'll take that one.
Um second, um Ms.
Susie's, I was the contractor, but unqu unfortunately I wasn't the purse like Congress.
So I didn't control the money uh to to complete the project.
I um fulfilled my contractual obligation by doing what I was paid to do on that job, and I was paid to complete up to the uh concrete uh walls which were there, and I actually installed the uh roof system, and that was the end of funding.
Unfortunately, um Mr.
Sidensticker passed away, and that threw everything into limbo uh when you have heirs who don't have a directive as to complete something, it's their choice what they want to do with their money.
And if you disagree with them or not, I mean um the three or four kids, they decided to do different things with the money they inherited, and that was their right.
I respect that, and most reasonable people would understand that.
So hopefully that gives you clarification.
I would have loved to finish Ms.
Susan, because I like to make money.
And that would have paid uh a lot of money to me, and my family would have done well as a result.
So you know, but that's uh it's important to give the opportunity to to speak and uh give clarification, um even if in defense or whatever.
Um, you know, and we all know how sensitive a topic, you know, Ms.
Susie's is and whatnot, you know.
One of the things now that I do, you know, agree with, and that is, you know, like oversight, particularly like when it comes to to the CRA.
It's not a bank.
Okay.
That that that you know, the the community redevelopment agency, I mean, that's not what it was it was intended by Obama to take care of blight and uh you know, underserved communities in this CRA sunset is the CRA that sunset downtown and whatnot.
And that's how the CRA handed B and those surplus dollars came into this CRA, you know, so they weren't necessarily like generated where where it resides presently or what have you.
Um I'm just trying to make sure that we're a good steward of the money that's there, you know, or what have you and whatnot.
So if I may.
Mr.
Appleby with his infinite wisdom made a great decision.
And I don't know if you missed it, but you don't put any money out until Margot has already put out an additional, I believe 263, yeah.
On top of the 80 that they have already spent.
So you you're you have a lot of safeguards in place.
Oh, yeah.
Oh, yeah.
So this is not anything like you're gonna do.
Oh, no, no, no, no.
No, I no, I appreciate that because it is a matter of our money being the last money in.
Okay.
And you know, to that point.
Um, so and we know how vital the revitalization of Newtown is, you know, not only to the community of Newtown, but to Sarasota overall, period.
Um and the project that we're working on to make sure that it's a destination and that uh is you know self-reliant and self-sufficient, you know, going forward.
Um that's all that um I'm making sure that that we are being good stewards and and to actually, and that's and I spoke about this before.
We need to define to whomever, what the CRA is and and and what is regulations are and and so on and so forth going forward.
You know, and that and that's important because you know we we we have given out money.
I mean, we had someone come to us not you know long ago asking for $250,000.
$250,000 in every single dollar of that $250,000 was going towards salaries, not one project.
Okay.
That's the kind of stuff that I'm talking about.
You know?
And and it and it was at the you know, the the guidance of yourself, Mr.
Appleby, and you know, Mr.
Salem and Mr.
Yancey, that that didn't happen.
But that would have been $250,000 out of the pot and out of those coffers and whatnot that we actually need.
So, you know, I'm uh support this this this uh this initiative or what have you, but I just want to make sure that those that we have those safeguards you know in place where the CRA is concerned, it behooves us.
Thank you, Mayor.
Thank you, Commissioner Mr.
Apple to be please clarify for us whether or not any members of the advisory board have any vested interest in this project.
Thank you, Mayor.
I did want to clarify that record.
So the three members that uh voted, the 3-0 was Vice Chair Nancy, Member Danny Preston, and Member Janine Johnson.
Uh the one absent was Dr.
Rachel Shelley.
None of the four members of the Newtown Sierra Board have any meriterial interest or declared any marital interest in Margot's Ventures, LLC.
So that that was not an issue for this board.
Um to address uh Commissioner's questions about uh I I take to heart what he says about making sure we communicate what the CRA is and isn't.
And so there are a couple of things that help us with that.
One is there's an adopted plan.
So nothing can be funded unless it's within that plan.
So we have a a plan that the community can see and that we promote uh through our new branding opportunities.
Secondly, it has to be in the budget.
And so we're about ready to start our budget cycle again.
You'll hear from the CRA what their recommendations are.
You did last year, you agreed with the CRA and actually establish this $900, $900,000 line as a new program.
Uh and so there are ways to communicate that out, but we also hope with our new branding and our new marketing consultant that that message, Commissioner, will get out to the community at a higher rate than it has in the past.
Okay.
Thank you very much.
Uh I see Commissioner Ahern Cotch has a question.
I just wanted to state that uh to support Mr.
Appleby and what he said um for the put on the record that Article 12 conflict of interest in the agreement clearly states no employee agent consultant officer, elected official appointed elected official of the grantee or CRA who exercises blah blah blah blah.
There's a there is an article in here that addresses conflict of interest.
Um so that has been addressed uh legally in our our agreement here.
So did you have one more word?
Uh yes, in the additional round or what have you.
Now I was just uh um given you know Mr.
Yancey being that he's on the board and Mr.
Preston that they're on the board as well the opportunity to to chime in, you know, if he was particularly that that Mr.
Preston is a stakeholder in the and Mr.
Yancey as well in in the community and lives literally I mean is right across the street.
I'm sure he has uh some some some words that he likes to correct, sir.
I was gonna I was gonna just say, look, uh I mean, Mr.
Hyde.
Announce yourself.
Oh, Danny Preston.
Pastor Danny Preston, Mark Helber First Baptist Church.
Uh my um concern was about what something you said uh uh about there being another facility available for the type of activity that the law Margot venture would be.
I didn't know nothing about that.
I I don't see the Leonard Reed House as being a place where you can have more than 30 people.
Uh the building is not suitable for that type of activity.
It don't even have a kitchen.
I didn't see a kitchen in there either.
So I don't I don't think there that that particular facility is available to all members of the community.
Um I did have a problem with the umzie's thing, but that's I think we've cleared that up and we got that pretty much handled in terms of overspending, uh spending our money before the private sector spends their money.
So uh I I just think that you know this is a great venture for us.
It's uh first opportunity for us to sign and say, hey, we've accomplished something on the corridor.
I think it'll bring uh a lot of uh respect back to the city commission because of the Ms.
Susie mishandling, and I mean I ain't blaming nobody here.
I don't know if you was on the board then or not.
I don't know if um it doesn't matter.
What's done is done.
And we got to move on and move past it.
But I think this would be a shining light on everybody, including the city.
Uh excellent.
Uh thank you very much.
Did you have anything else to add, Mr.
Um Carlos Yancey.
Um I just want to add that I happen to be on SAC board.
Um we just had a retreat Saturday.
And those lots we will have a banquet hall.
But those that project is at least six years out.
And SAC is a nonprofit.
Am I right?
Yes.
SEC is currently a not-for-profit.
So thank you very much for your presentation.
And believe Commissioner Ahern Koch would like to make a motion.
Yes, thank you.
I would move to support the CRA decision to provide $250,000 to Margot at 2700 project with the caveat that the local hiring is stressed.
And the addition of the City of Sarasota to Article 8.
And and about the them uh receiving the their funding before we exactly.
So is there a second?
Okay.
Motion by Commissioner Aaron Kotch and uh seconded by Commissioner Batie uh to uh provide to approve the grant agreement with the clarification that the uh local hiring is stressed is stressed, and the addition of the city of Sarasota to Article 8, which talks about when it's promoted, um they include the CRA and the City of Sarasota.
Okay.
Um so I was I said who made the motion and seconded is there does the maker of the motion wish to speak?
Yes, just very quickly, you know, the board spoke to this and why they stressed it.
Um we're constantly looking for projects that are going to be revenue generating on the corridor.
That's that's the idea, and this looks like it's going to be a revenue generating project.
Um it is from the community.
Um they are going to hopefully hire locally.
They've done their due gel due diligence in investment and in getting the permits and the processing uh already underway, and um uh you know, this there are no guarantees, but this is an awfully good start.
So Commissioner Bowtis is secondary.
Uh yes, thank you, Mayor.
Um yeah, you know, to speak to the motion.
Um again it's it's imperative that uh that everyone understand you know the the sense of urgency and um you know almost like DEF CON 5, if you will, uh for for where we are with uh with Newtown and it being uh revitalized and and uh economically redeveloped, you know.
Um I can't stress enough, you know, we're talking about like the the United Way's Alice report, you know, assets limited income, like constrained, you know, uh unemployment or whatever, which basically means they're working poor.
And and the town is by no and by no stretch of the imagination the poor community.
Um and uh great strides have been made to to rid ourselves of the moniker of like being unsafe or or or or or what have you.
Um so you know, it's efforts like these that that need to be applauded.
And unfortunately, when we when we think about projects like Ms.
Susie's, and I don't want this getting caught up in you know in in the water's kind of muddy because you gotta understand you know where Ms.
Susie's was concerned.
Mr.
Sidensticker, you know, had and his family had the best of intentions, honestly.
He passed away, you know, and uh and that's kind of like the the long and the short of it.
You know, he passed away and and uh you know it was his project.
And uh, you know, and his his his uh heirs, you know, did did what they could to to try and bring that to fruition.
Unfortunately, it was it was wasn't able to to be accomplished.
And um, you know, and they're not at fault for that, you know.
Um and I don't want to put the you know the fault on them or whatever, it's just something that just didn't happen.
But that being said, you know, this project, you know, I hope you know, moving forward that uh it accomplishes what the intent is.
Um and you know, to Mr.
Yancey's you know, point that there won't be a redundance of services, particularly like in the immediate, because that project across the street is years out.
You know, so as a representative you know of uh uh district one, having grown up in Newtown, seeing what it what it used to be when I was a child and how vital it was and where it is now and not being as vital being a food desert, you know, for the most part, and we need things like this, you know, uh for gathering spaces and uh uh communal spaces for people to come together and hopefully you know this is profitable and uh can help change the tax base up in Newtown and provide jobs for which is uh is uh intent is um and I'm sure they those jobs will be coming out of the community.
So I would thank the Commission for supporting this and uh thank the uh CRA board for for bringing this to us and uh this uh make it happen and and uh get something positive going on the corridor.
Thank you.
Vice Mayor?
Thank you.
Um, by definition, it takes time for a CRA to accrue enough funds that can be made available to reinvest in a community.
That's exactly what it's supposed to do.
Community redevelopment agency.
So we're there now with this CRA.
I am not a market analyst, but I do know people like to have events close to home.
I do know that there are limitations on the use of Robert L.
Taylor.
And I do think this would be a very good project for the new town area with the use of funds from the CRA.
Uh and some final words from me.
I mean, I am wholeheartedly in favor of this, obviously, besides the issue of uh increasing the property value when this is an ongoing uh profitable business.
But the more important thing to me, and I believe this was something a point that Mr.
Yancey made, right now people in the community have to leave the community for to for a catering hall, place to hold an event, which means the money from the community leaves the community.
We want the community's money not only to stay in the community, but once this is an ongoing enterprise to bring others from outside the community to use this banquet hall.
And I suspect between weddings, funerals, and organizations events, this will not be the only place that's needed.
And we we probably there will be some more that come along and more people coming into the community to use the facility.
So this is going to be very positive on all accounts, and I'm really pleased that we can expect it to be in operation early next year.
So I hope that everybody else is supporting it.
And can we have your votes?
And it passes unanimously.
Thank you all.
And I'm looking at the clock.
Can we do consent one before we take a break?
Sure.
Hey.
So we are now at consent agenda.
Oh, I have to close the CRA meeting and adjourn them at that meeting and reconvene as the uh City of Sarasota Commission meeting.
And the first item on our calendar is uh consent agenda number one.
Are there any items to be polled?
Um yes, Mayor, thank you.
Um Vice Mayor has pulled item 6.2, and that is the only item that I'm aware of.
We also have one public comment.
Okay.
Um so uh we're taking the public comment on consent one.
I yes.
Yes.
Okay.
Um so we'll call up Mr.
Hyde to speak.
Okay, just really quick, because it's not terribly clear, and I'm not sure it's a question that uh that you would ask with regard to this insurance.
Insurance rates have gone down, that's good.
Um problem with using the same broker used for Eons.
But there are two items there, which it isn't terribly clear because I haven't got my calculator switched on as to whether they're included in the 2.3 or 4 million that they're asking for in premium.
One is increasing the coverage by 10 million dollars from 25 to 35 million at a cost of 127,754 a year.
That's 1.28% of the assumed risk excludes flood and storm surge.
So I'm not quite sure what you're covering anyway.
Um that's one aspect of it.
Are we ponying up this 127 grand?
In my experience running businesses, large businesses, uh insurance brokers love extra coverage.
It's the nature of their personalities.
You can never have too much insurance.
You actually can.
And uh 127 grand gone forever for something that far exceeds you already got 25 million of coverage, 35 million is just plucked out thin air.
There's a second item there which offers another 28 million of coverage for the very biggest business, uh the very biggest business, most expensive buildings you've got.
Again, excludes everything pretty much that might happen to them.
And that's another 44,000.
So taken together uh those extra premiums, you know, 170 grand and change.
I I'm not sure they would be a judicious use of what limited funds that you've got.
That's all I've got.
Thank you very much, Mr.
Hyde.
Um so may I have a motion to approve uh the items on consent agenda number one excluding item six point two.
So second.
Okay.
So let's be able to do that.
Commissioner Batti moved and I'd like to speak to the motion.
Commissioner Ahern Kotch seconded, and Commissioner Ahern Kotch is going to speak to the motion.
Yes, I just wanted to offer clarity that there are two uh a second option in this agenda item.
I spoke with staff today this morning, and um they are not recommending moving forward.
If we wanted to do entertain the second option, we um could have pulled that.
I chose not to pull the item because I do not think it's then the best interest, but did consider it.
So I wanted to offer clarity on that.
Okay.
Um so your votes.
Yeah, I'm not I I'm not gonna vote for that because I wanted to get clarity on item six one.
So pull that poll.
Okay, so we'll vote on six three.
We already had a motion in the second on the table to approve the balance.
Okay.
So I'm gonna say no.
So then you're just gonna vote no, because we gotta go ahead and move forward our vote.
Okay.
Okay.
Motion passes uh four to one.
Um we still have one more.
Oh no, okay, go ahead.
Okay.
Uh Commissioner the Vice Mayor pulled item six point two.
Um would you care to elaborate?
I would care to elaborate.
Thank you.
Um I have one question about this on the back side of our consent agenda.
It says sections 11 and 12 of the lease agreement require city commission concept approval before any new buildings or improvements may be constructed on leased property.
I get that.
It goes on to say that if the if the project is approved in concept, the sailing squadron will submit applications to development services and go through the regular process.
But then it would come back to the city commission for final consideration.
Frequently, when there is a site plan, etc., it's finalized at the planning board level.
Why does it need to come back to the city commission?
Uh good morning, Julie Ryan, business district manager.
This particular lease is an older lease, so it has some funky language of what it requires and what it doesn't require.
Um so that is why this one is coming for conceptual.
Typically, the other leases that we would have, it would go through the entire process be approved by the board, you know, plan a commission, make a decision by city commission, and then we would amend the lease to include those um those requirements.
This particular one just so happened to say before you could even apply, you have to have the conceptual approval.
Um, so that's what is happening in this case.
Um, once this board approves it in conception, they will then go to the planning commission.
Those site approvals in the project approval, which is on the land development side still would need to be approved by this board, and only after all of those are approvals were done, would the lease be amended to include that.
Okay.
Thank you very much.
Um would you care to make a motion?
I will make a motion.
Move approval of consent six point two.
Second.
Okay.
Move by the Vice Mayor, seconded by Commissioner A.
Heron Koch to approve item six point two, and your votes, please.
And it passes four zero.
Thank you very much.
And shall we take a recess till ten forty?
Yes.
Okay.
I'm calling the hitting mayor.
Excuse me, everyone.
Okay.
We're trying to get this meeting started.
Please take your seats.
Thank you.
Thank you.
And the first item is uh an unfinished business will be a discussion regarding the city commission discussion and direction regarding whether the city attorney's office should investigate and evaluate potential legal and administrative remedies, including a civil public nuisance action relating to alleged ongoing conditions and impacts associated with U.S.
recycling operations within the city of Sarasota.
Commissioner Ahern Koch will start us off and we'll with a presentation and we'll call others who wish to present at this time.
And then I spoke with many members of the community throughout the couple of years.
And we had a number of meetings where there was public input.
And then eventually I put this on the agenda in 2022.
And the commission voted very strongly in 2022 to do to do something.
It was a 5-0 vote.
And since 2022, which was three and a half years ago, there was a lot more community input.
There were discussions.
There was back and forth.
The community that wanted to get involved grew and got even more involved.
And the county's been much more active in this situation.
The city's been much more active.
The community, CCNA, much, much, much more active.
And while there's been a whole lot of activity, really nothing's been accomplished.
So I'm back again to put this item to ask.
There's a specific uh request for support that the mayor just read.
And with that, I would like to play this video to remind you of where we were to where we are today, and then we will introduce the community to bring us up to date from this time until where we are today.
So thank you for the case.
I was made aware of this about two years ago.
I just want to walk us all through a little bit of the history of what we have in front of us.
We have in the backup material.
This is 20 and uh twelve, two thousand and thirteen.
Um just take here and here it's starting to really get um large.
18.
And if you can contrast those with 2012, you can see a difference.
These were submitted by a resident.
The piles over here from her house, who's contiguous to it, as does this one as well.
Um there are three authorities, uh governing authorities with this property.
So you have the city, you have the county, and you have the Florida Department of Environmental Protection.
The city, our authority is over zoning compliance, the road, and a wall.
Um, as you all know, we are redoing that road.
Um the city staff is working on a wall, an opaque wall, I believe, uh, and we're getting a variance for that as well.
And then um uh and the zoning compliance, which was their facilities have to be set back a hundred feet.
Some of them weren't.
Um Miss Bannica made a determination that facilities also means activity.
So any activities had to be set back a hundred feet.
That's the city's purview, and we're acting on that.
See that this was an inspection that was done in 1018-21, and you can see over here it's marked in compliance.
There's this narrative, which I'm gonna have to take away from the monitor to read.
Says um at the time of the inspection, the facilities, a rock crusher, and XTEC screening equipment were not in operation.
So they're tasked with monitoring the visible emissions, the opacity of dust in the air.
But when they did their inspection that they marked compliance, the facilities rock crusher and screening equipment were not in operation.
Then it should probably be functioning when you're measuring that.
Um 2822 of this year, and they were marked in compliance 72, and it says a visible emissions observation was conducted.
The facility screener was not in operation at the time of the test and will be tested at a later date.
Therefore, the test was not conducted when the highest representation of emissions could potentially occur.
In the appraisal, it has the facility valued appraised 1,650,000.
There are no unusual environmental limitations on development unless noted elsewhere, there are no known environmental contaminations of the subject.
And we have an environmental um study that was done.
They did find uh yielded detections of arsenic greater than the state of Florida SCTLs in the groundwater and in the soil.
And it was an article in the paper, and it says air pollution due to fine particle matter can lead to cardiovascular and respiratory disease and cancer, according to the World Health Organization.
The zip codes that make up Newtown and Central Coconut district have the highest rate of emergency room admissions and hospitalizations for asthma of any zip code in Florida.
I think that is quite telling.
We've had an appraisal done.
I think we need to collaboratively come up with a solution in some way, shape, or form to address these neighbors' needs in a lawful way that does not violate the current property owners' rights as well.
I'm not saying this is not going to be a challenge, but I think that this issue needs to rise to the occasion of where we as a body can act to help the citizens uh with this issue.
Um I know it's a horrible situation.
I wouldn't want to be living with that.
But I don't know what we can do as a commission if we're doing everything we can.
That's an excellent question.
To um do an inspection when the equipment is running, for example.
Uh I know you all are very smart creative people.
I would like the five of us to come to put our heads together and have a conversation about creative solutions that we think will um create some kind of relief or solution uh for this um in this situation.
So I'm open to your suggestions and ideas.
Uh and I believe some of the citizens may also have some suggestions as well.
I can tell you on our side, um, our staff, Lucia, Diane, and uh Nick and his crew, we have looked at this along with Mr.
Fournier's office, every which way that we can take regulatory action September of last year for them to look into the sanitary nuisance issues.
So there are actually four regulatory bodies that are working on this.
Um, but there is a confluence of authority here, and I think that's what the commissioner is talking about, some level of frustration because we're basically at the lowest level of this uh governmental hierarchy.
So I mean, we can't do anything in terms of like imminent domain or anything.
I mean a park or or or afford affordable housing.
I'm just looking at these photos, and I'm I mean, this it's kind of sick to even look at.
How do you even live like that?
I mean, we've got just concrete I mean, no pun intended, but concrete evidence like right there of an actual health hazard.
Excuse me, let's not do any more expressions that you know that that that dust.
But there are other issues aside from the dust.
There's noise, there's vibration, um, and these impacted the neighbors' quality of life as well.
Because when the crusher crushes these big rocks of concrete, it's creates this vibration.
Residents can't be on their porches or even have friends over when they are doing this business because it's loud, um, it vibrates their houses.
They have historic homes over there, and it just it vibrates the whole house.
It's it really impacts their quality of life, so hopefully evident that it's a it's uh it's a health hazard when you're talking about the health of an entire like neighborhood.
There's nothing that can be done.
And also, you know, city attorney, county attorneys, state attorneys, the attorney general.
We have the ability to enforce public and private nuisances, so there must be something we can do, and I'd like to discuss that with you.
Right now.
Yes, sir.
The floor is yours.
In the morning, you can feel and hear the Jack Herman concrete that ends up in that place, probably was painted with lead-based paint.
We have a little neighborhood, a historic neighborhood, uh, with wonderful people who for too long have actually been overlooked.
We hear them, we smell them, we feel them.
I don't do that to them.
Why should they have a right to disparately impact the quality of my life?
I live in the neighborhood since 20 years.
I'm concerned about my health and my children's health.
This is what we breathe.
Can you imagine living in that mail and I just get black.
Oh, okay.
There.
To deal with this toxic health life-threatening situation.
Jen has had far more conversations with the county commissioners than I have had, but we have been pushing.
And you've heard some very dramatic testimony.
That is what causes the cardiovascular problems.
That is what causes the pulmonary problems.
They are not.
So I'm hoping that this is definitely the beginning of a solution.
The community knows that there are carcinogenics and health hazards surrounding this facility.
The community wants to have safe, healthy, and livable conditions for everyone.
Honestly, it's right next to a park.
That there is no regard for these children going to the park and having this smog of hazardous waste going into their breathing system.
There's real health consequences and also issues of the disturbance of the peace.
You could write a little note to yourself in the dust, and I what in the world to allow somebody to test something when the equipment's not running?
We live in an area where it's a historic district.
Guess what?
There's some of your best neighbors.
Because guess what?
They're there because they love their property and they love their neighborhood and they take care of it.
I also want to thank each of you because I think you I can see that you're hearing this and trying to figure out what we can do.
And I think once they hang around long enough to go through the dust storm, nobody in their right mind is going to buy that property.
And he had the park across the street, and there were four kids over there and they were wearing masks.
She said, Oh, we'll let my kids go over there without a face mask on.
It looked like COVID, 12 years before the effect.
Commissioner Ahern Koch raised a study that found arsenic in the soil and groundwater, I believe, in 2022.
I want to add that another study in 2020 also found concerning levels of arsenic in the concrete on that road.
Commissioner Ahar and Koch also raised uh Newtown residents have accounted for a disproportionate amount of ER visits due to asthma.
There's no reason for these people, for any of us to be living in conditions like this.
Generations of people getting poisoned.
A mother of three that we raised here, and I'm also a registered nurse at Sarasota Memorial.
The crushing of concrete is known to release spine particles in the air.
These fine particles cause many medical issues such as asthma, eye throat, and respiratory irritation, and can cause serious lung issues such as silicosis, COPD, pulmonary fibrosis.
These patients, they slowly suffocate to death while their family and caregivers watch.
This is not something that residents should be thinking about when they're watching their families outside when I'm walking my dog.
There must be a resolution to ensure the health and safety of the community and my children.
Thank you.
I just want to play the sound effects of the stuff that we hear every single day, living our lives in this neighborhood.
It's not just about the fumes from all the trucks.
It's not just about the toxic dust from all the trucks.
It's this noise.
This is debilitating, but this is crazy.
And I think there's something we should be doing.
And let me tell you, we are suffering.
My life quality is suffering from this.
I heard this two weeks ago on a Sunday when I was in my front yard.
Please, please really put your legal minds in particular to work on this.
Thank you so much.
I hope you enjoyed the sound effects.
I'm monitoring daily the amount of heavy metals in my body.
Uh research shows that those heavy metals from environment can lead to body toxicity, cancer, and eventually death.
It usually takes time.
Young children and pregnant women are affected more than others.
So I feel personally like we cannot be silent.
So our lives begin to end that day we become silent about things that matters.
Because we all aware right now, and we all think you're just uh the founder of Suncast Waterkeeper and environmental attorney.
So thank you for your attention, this matter, particularly your leadership.
Um we can't even have some picnic bag in the asthma, respiratory problems, and you can't really enjoy your lot of people in this community can't leave.
That our only option is to come to you.
Our only option is to have this resolved here.
People are coming to you from this community, taking off work to have you listen to us.
This is still going on.
Five minutes down the road, it's going on.
People are breathing this into their systems right now, days.
It was tested at a cost to us of some 1700 dollars.
It was found to contain unacceptable alpha silica levels.
A well-known air quality health hazard.
John Engelhart of Florida Department of Environmental Protection visited our property personally and stated no one should have to live or work under these conditions.
We need your help.
We await and pray that you, our city commission, will become the leaders and champions that we so desperately need.
And I'm because it is a public health issue.
I think you have the data to support that.
The need for urgent action is so demonstrable.
This is one of the most compelling I've I've ever seen.
Abating a public nuisance or a source of any concern with regard to environmental pollution.
In Sarasota, it's the air we breathe, contaminated with particles containing arsenic and possibly other toxic materials.
You all sound very motivated today.
Let's not allow Sarasota to become another flint.
Thank you.
Because I have cousins that has asthma.
I have nephews and grandnefews that has asthma.
I don't know how anyone can sleep at night knowing that children are breathing this.
That's going to come back to you.
The fact that you should always put the health and safety of our residents first above anything else.
That's the role of government.
It's not ribbon-cutting, it's nothing like that.
It's about the public safety.
Not only there's a need from a health point of view, but I think give these kids a chance to grow up without breathing this toxic dust and uh if you look in some of the backup material, it looks like this property, you know, has been on and off problematic over many, many, many years.
I don't know what the opportunities are, but I think if we try to convince the county to join forces with them to do something, uh that might be a good route.
I don't know the legal details of eminent domain, Mr.
Fournier, but I would like to hear more about the ideas of the zoning.
Commissioner Brody, you had an injunction was thrown out there as well.
Asking the facility to enclose their their uh um their functions is all passing a resolution.
I don't know.
I just I really want to hear your thoughts on all of these ideas and what this commission thinks.
We just need to know exactly what we can do legally, getting a memo to us that would kind of talk about the different options that were mentioned and how viable they would be, chances of success and but do know that we're going to explore every inexhaust every avenue to bring some sort of uh healthy resolution to this, you know, through hell and high water.
No.
I mean, it is sick just to even hear that in your testimony and and uh all your comments.
Um they mean a great deal.
They hit you right in the gut.
We gotta do something.
You know, I mean uh whatever that might be.
You know, so we're gonna do our best.
You know, that that is just horrendous, and it just seems seems to me that there has to be something that says that can't be allowed.
That that, you know, it makes no sense to me.
This can't be possibly allowable.
So I think we have to do something, and we have to urge those who have the authority to do it to do something.
Are we ready to vote?
We are, thank you all very much.
Let's have a vote, Commissioners.
Five to zero.
All right, so let's wrap up.
Okay.
Okay.
Uh before Commissioner Ahern Kutch continues the presentation.
Uh I know.
You want to call upon our city commissioner Ahern Koch to make the presentation.
Okay, what do you think?
I was made aware of this about two years ago.
I just want to walk us all through a little bit of the history of what we have in front of us.
We have in the backup material.
This is 2000 and uh I'm gonna try to speak over 2000.
Uh I know this is at really emotional topic and really concerning to everybody, but let's try to restrain ourselves and not make any expressions of agreement, disagreement, uh, whatever.
I have to admit I did chuckle at one point.
But yeah, let's try to restrain ourselves.
Thank you.
Commissioner A.
Yes.
Um, thank you.
So that's uh from 2012 until 2022.
Umce the motion is to direct the city attorney to work with the city manager and staff to investigate a public health nuisance case.
Um that requires establishing evidence for something like that.
And so this came and continues to be something that comes from the public to us as a body.
We all feel helpless, but with the evidence, and hopefully, you know, we can have a positive motion to look into what evidence we would have to pursue a case.
Um that is the reason why that video was made was to offer the evidence of 2012 to today.
We will have some information from 2022 to today, because there is evidence of there's new evidence to submit of air quality meters that have been calibrated that are industry standard that monitor actually factually monitor what's in the air along with other public health nuisance items.
So the panel that will come before will introduce new evidence on top of the evidence that that was just submitted.
So if we could have the panel come forward, that would be helpful.
Okay, and they are uh Mary Butler, Laurel Quarberg, Kelly Brown, who's the C CNA president, Ron Cashton, who's the Laurel our neighborhood association member will be making a presentation.
Do I have them all?
I think David Lowe was supposed to be part of this presentation as well, but I don't see him for the first time every year.
So there he is.
He is.
Okay.
He is.
And Mr.
Cashton is here from CCNA.
Oh, they have an issues committee, and this is one of the air qualities, is one of the issues, and he's leading up that committee.
Okay.
So shall they proceed?
Yes, go ahead.
I would I would introduce um Kelly Brown to let the panelists.
Good morning, Commissioner, staff.
My name is Kelly Brown.
I am a resident in the Gillespie Park neighborhood.
I'm the president of CCNA, which represents over 22,000 households in the city of Sarasota.
I'm talking to you today on as it relates to U.S.
recycling's continued operation and its ongoing pollution of our city's air and water.
By 2020, conditions in Central Coconut had become overwhelming.
Homes and yards were coated with concrete dust, and residents felt compelled to act.
They turned to the city and then to the county, seeking enforcement to restore livable conditions in their century-old neighborhood.
The city and county tried to respond respond.
The city spent over 400,000 on road repairs, and the county sent teams of inspectors.
Yet U.S.
recycling practices continued to create serious health hazards.
In May of 25, Central Coconut joined with another affected neighborhood, Amarillus Park.
They reached out to CCNA for help.
Since then, we have invested in monitoring equipment and spent many hours working with the county, the city, FDOT, Sarasota Police Department, EPA, and Suncoast waterkeepers to accurately document the problems on this property.
Those efforts have produced results.
FDOT has fined U.S.
recycling and pulled their truck off the road for safety violations.
Sarasota County has fined the company for excessive debris in the air.
City Code Compliance has cited them for operating outside their allowable business hours, and with the new noise ordinance, we expect additional violations.
U.S.
recycling is also being sued by Suncoast waterkeepers by pollute for polluting water that flows into our bay.
We also sought a constructive long-term solution.
CCNA helped identify a potential buyer who would develop much-needed affordable workforce housing on the site, and we supported the developer McDowell's resilient SRQ grant application, as well as the city did to make that possible.
Despite all this effort by the neighborhoods, C CNA, the city, the county, and our partners, U.S.
Recycling's bad faith actions continue.
They are still polluting and harming a large swath of our city on a windy day.
Dust from this operation spreads across downtown and into the lungs of residents and visitors.
It is a citywide public health and quality of life issue.
We are asking you to act decisively.
Please move forward on a public nuisance suit to end this ongoing harm.
Further, we are asking you to ensure our zoning codes are updated citywide, so this type of concrete crushing operation cannot occur anywhere within our city limits in the future.
Thank you for your time and your commitment to protecting the health and livability of Sarasota's neighborhoods.
Thank you.
Who's next?
I'll go next.
Thank you, Mary.
Good morning, Mayor and Commissioners.
My name is Mary Butler, and I serve as president of Amarlis Park Neighborhood Association.
But today I'm here with CCNA and also my neighbor neighborhood.
It affects real families, real homes, and real quality of life.
For years, residents near U.S.
recycling have raised concerns about harmful operation, dust, debris, air quality impacts, and ongoing disturbances that undermine the health and stability of surrounding neighborhoods.
The opportunity is now.
So today, we are asking the city to do what it has, the authority and the responsibility to do.
Consider legal action to declare U.S.
recycling a public nuisance.
This is not about being anti-business.
This is about being pro-community.
Businesses must operate responsibly and in compliance with standards that protect residents when ongoing harmful operations continue despite repeated concerns.
The city must act.
Our presence here this morning demonstrates that this is not a single neighborhood issue.
This is a citywide.
It is urgent and it is important.
We respectfully urge the commission to move forward with considering a nuisance lawsuit to take decisive action to protect the health, safety, and quality of life of Sarasota residents.
Thank you.
Let me go next, if I may.
I'm David Lowe, president of Downtown Syracuda Condo Association.
And you folks will know me as the numbers guy.
I put on the map my understanding of the principal area of concern within a kilometer, about six-tenths of a mile from the facility.
In the black boxes, there are another 220 new residential units being constructed, one not residential, the first step light share facility.
This helps people who are compromised.
There are literally two blocks, two and a half blocks as a crow flies from this new facility.
That's 221 new units within ground zero, so is to speak.
In addition to that, within the immediate area, there are now a total of 900 new apartments under construction.
The Bayside North property, right near 10th, and some other properties, including Loft Sun Lemon 2, which is in this half a mile radius, shall we say.
That's 900 units.
There are two schools in the Salvation Army.
So as you decide and think about this and decide what you can do and act, it's not only for the current residents, but what it's for in the pipeline and what the future may look like.
Hi, I'm Laurel.
And I um good morning, commissioners, and I want to thank you for hearing me today.
I am Laurel Korberg, and I'm the president of the Central Coconut Neighborhood Association.
I had taken my time over the weekend to draft out this statement that I was going to read to you this morning.
It goes into once again the long history of everything that our neighborhood has done, who we've talked to, who we've called on, the meetings we've had, on and on.
And then I thought, what's the point?
They know all this.
They've heard you probably could memorize my statement.
We have met with you individually.
We've met with the county.
You heard the tape from the commission meeting 2022.
We're in 2026.
So as I called various neighbors over the weekend to encourage them to come out today to support this motion.
I heard why.
They're not going to do anything.
And actually, as I send out my email encouraging people to take their Mondays off of work to be here, I even thought, what good will it do?
We are sick of our city and county allowing a business to operate and make a profit on the backs of what should be our clean air and clean water.
Please prove us all wrong.
Show our neighbors and city.
You're done with it too.
And ready to take legal action.
And yes, there is precedence for this across the country.
You can win.
To say they are a nuisance is the understatement of the year.
But to stop this ridiculousness, if that's what we need to call it, let's do it.
This should be at I know the budget is tight every which way.
But the cost of this lawsuit needs to be at the very top of your budget.
We're talking about people's lives.
Thank you.
Thank you.
Excuse me.
No, thank you.
And good morning, Commissioners.
I'm I'm Ron Cashton, a city resident, and I'm speaking as my role of the second vice president of C CNA.
And I'm leading the C CNA team, which spent countless hours trying to address U.S.
recycling for the past year.
And we've of course worked with City Code Compliance.
You've heard County EPA, State EPA, the Sun Coast Waterkeeper, Sarasota Police Department, and even Florida Highway Patrol.
And I do have binders of documents detailing the environmental and code violations that U.S.
Recycling has performed.
But to give you a sense of the scale, in just over the past three years, the county has inspected U.S.
recycling more than 20 times.
While the normal inspection cycle is just once every two years.
So that means this site has required a decade's worth of inspection and only three years.
Now I've also brought this bag of concrete dust that I got along the side of the road right near the facility.
Now, I'm going to leave this bag closed just for everybody's health.
But think of it, these are actually little shards of concrete that's currently in the air, and it's in the water and in the ground where our residents live, work, and play.
And you heard about uh Florida Highway Patrol.
They had found that the U.S.
recycling truck was so dangerous, it was taken off the road immediately.
And the reason why was the bed of the truck was barely attached to the frame.
And that's a truck that drives concrete right by the children's playground, Mary Dean Park.
Now these authorities, all they can do is cite them for violations.
And when they cite them for violations, they just have small fines, which the owners pay.
And recently, we have learned that the same individual that was responsible for the hazardous site down in Northport is currently active in U.S.
recycling.
And the only way Northport got rid of this facility is they sued them.
Now back in 2022, the Commission took steps to begin the process of legal action, only to stop when the they learned that you learned that the owners were thinking about a sale.
Now we know, we know with the experience with McDowell that this is a fruitless plot path.
And if we continue down that path, they will just play us again.
So for the sake of health and well-being of the residents, please do what you were going to do in 22 and direct the city attorney to pursue legal action.
Thank you.
Commissioner, is there more of a presentation?
That is, I believe, all of the presentation, and I would make um just remind the commissioners to look at the backup material, which has some results of the air monitoring that shows the 14 hours of hazardous hazmat style hours in the last couple of months in the air, um, and other you know readings from the monitors.
There's a photo in here on page 20 of Windshield where somebody wrote U.S.
recycling on it to give you uh and there's a timeline in here, and there are definitions of all of the um terms that are legally used to define you know the conditions of the air, um, the monitors, and I would just say for everyone's understanding, these monitors are you can view them on C CNA's website 24-7.
They take a reading, I think every two or three minutes, and everything, all the information is there, and it's it's evidence of what's going on.
So that that was it from the presentation, and I guess we can move along.
Okay, thank you.
We have uh about a dozen people who have requested to speak, and after we have heard from them, then we'll have the opportunity for commissioners' questions.
So I'm gonna call the first five up.
Robert Firth, Arthur Lindemannis, uh, Thomas Rogers, Marissa Dawson, and Ron Cashton.
Oh well.
So skip Ron, shall I skip Kelly Brown, and Laurel Korberg, Martin Hyde.
And Mr.
Firth, you may begin.
Uh yes, I'm um I'm Robert Firth.
I'm a resident of Broadway Promenade, relocated 11th and Coconut across from Pioneer Park, and well within the dust plume of the U.S.
recycling.
Uh I previously uh thanked you guys for listening to the community community.
Um you guys obviously are all on board with this, but I think it's time for I'm I had a whole presentation, I'm changing it because you guys obviously under understand what's going on.
We need to do something, and we need to do that.
Uh I kind of propose the fact that when there is a violation that that be addressed immediately, and if they violate something, somebody needs to go over there and say, shut down until you fix it.
You know, I I think if they got more harassment, I hate to put it that way, but I think if there was more harassment from violations that they would actually give up and go away.
Um but um uh obviously the other route uh to that is a lawsuit against them, and if we can uh pursue that, um that will go a long way.
Because it'd be nice that in 2030 not we're not having the same conversation.
Uh and given that everybody is uh finished that I'll I'll leave.
I'll pass it to the thank you.
Um Mr.
Lindemanis.
Good morning, Arthur Lindemans.
I'm a resident.
I've been working this problem since 2017 as the former president of the Central Coconut Neighborhood Association, and I appreciate the support and leadership that we've had from Jen, Kyle, and the other members of the Commission.
We're facing an incredible problem, and that is that the county, the environmental protection aspect of that has been very low key in trying to enforce healthy conditions.
Currently, at this time, I hold no hope that we will have the EPA or anybody save us from toxic PM point 2.5 particles.
Uh the EPA is backed off on a lot of enforcement compliance and such.
So I think the idea of going after a nuisance lawsuit is great.
I encourage you to do that.
I also encourage you to look a little bit further abroad and look at eminent domain.
I know that the previous city attorney was saying that that was not feasible.
Florida has the strictest laws controlling.
However, I think if the Commission looked at it and the attorney looked at it, you could initiate an imminent domain lawsuit.
And we can have a discussion on that some other time.
The other thing which I would suggest is considering any company that works with U.S.
recycling or their subcontractors.
Deliver anything or work with U.S.
recycling, that they would be forbidden from having any city contracts.
I have information from neighbors that there are trucks coming in from the county with cement to be recycled by U.S.
recycling.
There are rumors that some of the work that's happening within the city that that concrete is going to U.S.
recycling.
Please consider the possibility of forbidding any city contract with any company that directly or indirectly works with U.S.
recycling to do any business with our city.
Thank you.
Thank you.
Mr.
Rogers.
Thomas Rogers, I operate uh Robertson Billiards and Spa's on the corner of Industrial Drive and Central Avenue.
I along with Arthur got involved about three years ago.
He had been fighting it before then.
And I was one of his Laurel Korbeck said I almost didn't come today, and uh which would be a watershed moment for me to just give up.
So I would ask Pat Robinson, Liz Alpert, uh, Jen, thank you.
Debbie Trice, Kathy Kelly, all rich.
I'm not from here, but I operate a business.
Kyle, Batty, Betty, Sherla Griggs, and you, Joe Polzak.
Do something.
The time's way past reasonable.
That's all I had to say.
Okay.
Thank you.
Uh Marissa Dawson.
Good morning.
My name is Marissa Dawson.
I'm here on behalf of my son Kevin Dawson, who owns and lives at 1283 Panama Drive in Central Coconut.
Um his home is on the Whitaker Bayou Tributary and is having water quality problems.
Um as you're all aware, after years of evidence piling up, uh, Sun Coast Waterkeeper has finally filed a lawsuit, which U.S.
Recycling now has to take the time and money to defend.
Lawsuits are an excellent way to finally get them to get moving.
They have played kick the can down the road and played the city, the county, the state, the federal government, every regulatory agency, they've played them for years.
And now these lawsuits are a way to actually get them to respond and respond in a quick manner.
Um, as we all know that there's multiple, multiple factual and legal basis for legitimate lawsuits, not just by the city, but by the county, by the state, by federal regulatory agencies.
And now that Suncoast Waterkeeper has started this, we've got one pending lawsuit.
Now the city starts another lawsuit, which again is in basis in fact in law.
This is not harassment, it's not vengeful, it's enforcing our legal rights against this this harmful behaviors that they're doing.
Once they have two or three or four lawsuits against them that they have to defend, U.S.
recycling will come to the table and either become compliant, shut down, or consider McDowell's very, very fair offer.
And that would give us a big win because then we'd have more affordable housing, which the city desperately needs, as well as getting rid of a company that's committing crimes and against the neighborhood, against the state and the city, as well as pollutants and all sorts of dangerous conditions against our children and our residents.
I just I would think that these multiple lawsuits, if we have one now with Sun Coast Waterkeeper, one with the city, and if we can get other interested parties involved in filing another lawsuit or two, you have to start defending two, three, four lawsuits.
It gets expensive very, very quickly for that defendant.
In the alternative, it is not a high cost item for the city compared to many other things that we can be doing to close down a nuisance.
So it would not be costing us $10 million in in lawsuits.
Um it would be affordable considering some of the other projects that the city is looking at.
So I would beg this um commission to talk to your attorney and instruct them to go ahead and file suit.
Thank you very much for your time.
Thank you.
Mr.
Hyde.
Well, indeed.
Um, obviously I remain Martin Hyde.
I'm kind of surprised that these uh blue shirts aren't covered in toxic dust.
Um, you know, it's fairly obvious that the time for legal semantics and caution is over.
Citizens want this blight stopped.
Clearly, whatever it takes and whatever it costs.
You know, as to restraining ourselves contrary to our First Amendment right, um, maybe people would if 39 months later uh the city had done something uh to back the unanimous motion.
Since August of uh 22, lots has uh changed, notwithstanding that Commissioner Jen looks about the same as she ever did.
The uh the exception, though, is this light on the community.
It's time.
Nobody has the right to impact people's mental and physical health indefinitely.
One wonders whether this would have been so protracted if it was in one of our more tony neighborhoods like Harbakers or Olido Schul.
Notwithstanding that City Hall is obligated to public health and safety.
Above everything.
As to uh Commissioner Arroyo's right now comment in the uh the video, uh that was 39 months ago.
If it wasn't right now then, it most assuredly is right now.
Thank you.
Uh and additional people who have signed up.
Mr.
Lowe, did you want to come back or not?
Okay.
Uh Lori Socora, Debbie Hutchinson, and Flo Entler.
Ms.
Socora.
Yeah, you may begin.
Thank you.
Hi, I am Lori.
Umora.
I live on 17th Street.
Use the mic.
Oh, sorry.
Can you go down?
Okay.
Can you hear me now?
Thank you.
My name's Lori Socora.
I live on 17th Street.
Um, so I'm two and a half blocks directly north of this.
Um I'm gonna try to restrain my emotions.
But let me just say the first time I contacted somebody about this was in 2016.
Okay, ten years ago.
How did I find it?
Well, that is USR.
I didn't even know it was there, like many people.
I heard this obnoxious alarm going off, and it took me three outings to discover it, and when I did, I could not believe my eyes.
I couldn't believe it.
Um so I initially shot off an email to somebody with the Florida Department of Um Protection.
Yeah, let's try not to laugh about that, okay.
Um and it was just some random guy.
He happened to be local.
He wasn't even in the department that would oversee this kind of thing, but he was very informative.
He told me good luck, it's very complex, multi-levels of government, and boy, was he right.
Ten years later, was he right?
Okay.
Well, anyway, I was starting from there, but then what came calling the big C.
I got cancer.
So it took me down.
I really couldn't address much of anything except my health.
I worked through it.
So one day, while I was, you know, lying around from chemo or radiation, whatever it was on my sofa watching Access Sarasota with a county meeting addressing this exact salum type of um industry or business, trying to go in out east by the salary fields.
There was an eight-hour long meeting about that.
And all kinds of professionals spoke.
I listened because I was interested.
I'm like, okay, this is the same thing.
I have two and a half blocks from my house.
Who spoke at that meeting?
And I suggest anybody go and find it.
It's a county meeting 2018.
I'd be happy to send you a link.
Environmentalists spoke, attorneys spoke, medical doctors spoke.
All professionals, mostly professionals.
One of them was from City.
Um can't think of his name.
Tim somebody that used to be a spoke.
Anyway, it was all against it, all terrible things.
It gave me chills down my spine.
I'm like, this is much worse than I thought.
You know, this is not just about noise, this is about toxic dust.
Oh my gosh, it drifts miles away, according to a medical doctor.
Um the environmentalists, everybody had bad things to say.
One person out of that eight-hour long meeting had something decent to say about it, and it was shot down in the county because of traffic, supposedly.
Well, anyway, 32 seconds.
Just please, I would ask each of you to just Google, look up sanitary nuisance, Florida statute, public nuisance, Florida statute, and please just look up.
Is noise pollution a health hazard?
Is it?
Just Google it and see what you see.
Okay.
The noise has really affected my health.
This whole thing has been just a drain, and I'm trying to restrain myself, but listen, I feel like using F-bombs, and I don't like F bombs.
I feel like crying and screaming, and guess what?
I bet all of that.
Thank you.
Thank you all for listening.
Okay.
Debbie Hutchinson.
Hi.
Um I'm Debbie Hutchinson.
You use the mic?
Thanks.
I'm Debbie Hutchinson.
I have lived and loved Sarasota for the last 14 years.
I have a studio on Central.
I'm an artist.
And I live at 1100 Imperial Drive, but I've lived right down the street from who was the mayor Liz Albert on South Gulf Stream.
So I care about this city.
I care about the arts, but more than anything, I care about the water and the people.
I'm a member of the Suncoast Waterkeepers.
And I'm just asking you to please do whatever you can do whatever is best to get rid of this toxic what the gentleman behind me called a blight.
It's it's offensive.
It's it's killing people, probably.
We won't have the documentation of all of that, but really don't turn your backs on this.
This is a great town, and it should be healthy, and we should take care of it.
Thank you.
Flo antler?
Hello, mayor, vice mayor, commissioners.
My name is Flo Entler, 37 years city resident, and I'm representing myself.
The last time I spoke about U.S.
recycling was in January when a handful of us went down to Venice to the county commission meeting in support of the McDowell deal.
Unfortunately, that's off the table at this moment, I understand, which is very unfortunate because it gave us true workforce housing, 152 units between 80 and 30 percent AMI.
Wow.
So for over five years, the city and county have worked to address the ongoing issues from the operation of U.S.
recycling.
Over 30,000 residents live and work or work in the area impacted by this hazardous operation, including my husband.
The facilities' activities have created health risks for stormwater contamination, groundwater contamination, and air contamination from the dangerous concrete dust flying around for everyone to breathe.
Dozens of families have reported health issues symptomatic of exposure to concrete crushing.
It pollutes our air, our water, but seems to fall through the cracks of the regulatory authority.
They operate after hours and create excessive noise.
There are multiple violations for many years from this concrete crushing facility.
Several Florida jurisdictions do not allow such facilities to operate this close to residential neighborhoods.
Numerous neighborhoods have come together asking for your help for years.
Let's stop talking and let's make this happen.
Commissioners, please continue your support to protect the health and well-being of our community.
And please give direction to the city attorney to explore a public and health nuisance lawsuit.
Thank you for your time.
Thank you.
And we do have one more request to speak.
So as you leave, John Harshman, would you come down.
Thank you, Madam Mayor.
Commissioner for the record, I'm John Harshman, and I'm here representing myself.
You've heard some um really tear-jerking testimony from lots of residents in the area.
And um I'm gonna give you one from the business community.
Um one of my longtime clients owns property that's along Central Avenue and adjacent to the cement plant or the cement crushing plant.
Um we were working with a group that was going to bring two wonderful businesses into the area.
One is a young lady who is a uh veterinarian surgeon, and she was just thrilled about going into that area.
It's uh very close to where they live.
Uh her husband, who runs another very unique business in Sarasota was also gonna go there.
And um they signed a contract, we're all ready to go.
So we gave them some background information on the neighborhood, which included one of the older newspaper articles that talked about the cement price.
And they were very concerned about it, rightfully so.
They didn't want to have their young children there, they didn't want to have their clients come in there.
So that was a business that would really would have done wonderful things for the neighborhood, uh, plus her husband's business, and they're not there, all because of the nuisance.
And you've heard so many horrible things about that today.
I I'm gonna be brief and I encourage you to do what you can to alleviate this problem.
Thank you very much.
Thank you very much.
Um we have reached the point for commissioners' questions.
Um I guess the question is who are we questioning?
Um it depends on what the question is.
I would say I'm I'm happy to try to answer questions as much as I can, but I would probably lean on Kelly Brown from her group who has been doing all the hands-on work since 2022.
But I would also like to point out that the Pines of Sarasota is contiguous to this property, as is the park.
This is one that was in the Hell Tribune and it was a very big article on this.
It's included in your backup material.
The county Mr.
Polzak, I guess I can ask the question, Mr.
Polzak.
What are your thoughts, Ms.
Dawson mentioned?
Well, are you questioning or presenting?
I'm quite just asking a quick question of Mr.
Poles Act.
Okay, because we do have people who signed up.
Oh, okay.
Yeah.
Um just to answer the quick question about um other entities partaking in this um investigation of a case.
So other uh public entities?
Yes, please.
Yeah.
So that that would be the you know part of the analysis is what uh administrative actions have taken place at at the regulatory level.
And then who are the agencies of jurisdictions here locally?
Uh obviously what we're talking about is in the city.
It's also in the county, and it's in the state of Florida.
And do you have any indication?
Have you been working with anybody from the county on this?
I have not.
Uh if directed by this commission today, I will reach out to the county.
Thank you very much.
Thank you.
Okay.
Thank you.
So Commissioner Batti questions?
Uh thank you, Mayor.
And uh, you know.
Kind of like out of the loss of words looking at the uh um demonstration and the presentation by uh Commissioner Haran K in our past meetings.
Uh and the fact that we haven't really made any real headway with this whole situation is I don't know, sick in itself.
But the one uh question that I that I was asking our city attorney um, you know, just kind of going over was um how does because we went with we did this or we talked about it uh uh before and it came up on the barrier islands when we were uh discussing um hotel houses.
How how how does like Harris you know, law hairs rules work, you know, with regard something like this?
Sure, that would look especially when you're talking about property values.
Um I mean they they they don't move or they just go down.
I mean they can't do anything with with their homes should somebody want to move or whatever, or sell or whatever the situation is.
So the first part of your question as to the Harris Act application, that would be for land use regulation, like if we were to attempt to make zoning changes, et cetera, which I don't think is being proposed today.
The second part of your question is uh to the extent there is any effect on property values because of the questioned activities, does that impude into the um analysis for a public nuisance action and you know public nuisances, public health, safety, quality of life.
If directed by the commission, I'll look at I'll take an investigation into all those things.
And then when you say something regarding zoning or whatever, I mean, do we play a uh have a part in that being the fact that we we put in place a zoning to allow for you know this this type of activity or land use you know that a butts the neighborhood or what have you to I mean?
So yeah, I mean we couldn't undertake any action on the land use regulation side would be prohibited, preempted by Senate Bill 180 from from doing that.
Um obviously this is a a legal use in itself.
I think the question is more are they um is the business exch uh in a sense exceeding the scope of its use and violating other provisions of law or administrative code and that would be a key question.
Okay.
And then the other uh I mean we can look into that, you know, uh uh I really appreciate it.
Yes, sir.
Um I mean and then another uh question is what about class action?
You know, class action uh uh uh or whatever.
So that term would probably I think I think with the way you're thinking of it would apply to private uh litigation, which that is a um action in this context that could be taken.
There can be a private action for nuisance, and that could be taken by multiple plaintiffs.
Um I think what's before the commission here today, though, is uh is a public action.
Okay.
That would be undertaken by the city.
No I mean I'm just you know looking at um it from a layman's you know lens or whatever because you know I was just driving down uh 10th Street last night this is about what 10, 11 o'clock or whatever.
And uh grace of life man, those daggone lights.
And I don't know if they did do they shine into the neighborhood or whatever because those things are right when you're driving down uh um 10th street or whatever.
I mean is there anything legally that we can do you know regarding regarding that as well.
You know that's something that I would have to look into in terms of conducting an investigation I'm not aware of that but I think if the Commission's task was to look at this business and this site for all violations that we would do that.
Thank you.
And then to Mrs.
Quabber's you know um point she said that this is something something that has been addressed in cases one nationally or what have you when these types of things have have have happened in other places can we can we we look into that and find out like what we can do in that regard as well.
Absolutely if you're talking about looking at uh legal precedent that it would be definitely part of my analysis.
Yes yes yes because I mean this again you know to all of the the point and to the this may you know this is long long long long long overdue and um you know I don't think I need to belabor that point be the dead horse but um yeah so that that those are my questions may I think thank you Commissioner Alperick.
Okay just a uh a couple of things um I I noted that in the backup material which I thought was interesting that U.S.
Recycling gave up their um license to do rock crushing in December of 2025.
So now um they contracted with another entity to come in and do the rock crushing on their property.
So I'm assuming we would need to sue both of them.
Possibly depending on how the investigation turns out but it but it it's a good point that could involve multiple layers of vendors, contractors.
And and then um I'm gonna uh ask um our deputy uh city manager Mr Robinson though about the actions the city has taken because it's it's not like in four years we have done nothing.
Um we had Mr Fournier uh explore doing these same things and then there was supposedly a pending sale so everything was put on hold so then we go back to that that sale falls through um then we start you know taking some actions again and then now there was another pending sale so it stops and then at the last minute the um you know the owner I guess of U.S.
Recycling pulls out so um there are other things we've done and I'd like Mr.
Robinson to uh discuss some of the things that the city has tried to do to alleviate the situation.
Thank you Commissioner um I can tell you uh since 2022 when this was first brought up during a commission meeting uh during my tenure uh our staff has worked repeatedly with uh the community with the business owners uh around that location um and I know it was mentioned in the video we built a road because the initial complaint was that the road was the our road was too bumpy and it was creating this plume of smoke from the trucks.
So we did spend I think somewhere in the neighborhood of 470 thousand dollars to build a concrete road that I think is heavy enough to move the space shuttle on at this point.
Put in new swales to capture and retain some of the the dust that was coming out of that site.
I can tell you that uh Ms Panica's team, uh Mr.
Patel's team, um Mr.
Fogle's team has all engaged in activities trying to address these both from the zoning building and regulatory code compliance uh sides of this as well as I would say thousands of emails, hundreds of meetings over the last uh five years.
Um we've coordinated with the Florida Department of Health, Florida Department of Environment Environmental Protection, the EPA and Sarasota County Government to try to bring uh a closure to this and I'm glad that you copied or whoever you had to do the video commissioner captured we are the lowest rung in this but we have been reaching up we've been uh punching above our weight class trying to get this addressed um we have uh I I can tell you I I just asked uh Ms.
Griggs' office to investigate a series of emails that I sent to the uh public health department back, I believe it was 2022 reference to a public health uh nuisance complaint to the uh the health department at that point.
Um but we've never been empowered by the uh commission to facilitate or to follow up on a civil remedy relative to a lawsuit.
So I think with all things being equal, um I'm game for any course of action.
I know that staff has been um incredibly frustrated by this over the years because the last thing that we want to do, as all the citizens that have come out and said, you know, they're frustrated.
Well, when people bring a problem to us and we can't fix it, it's frustrating for our staff because they really are in the uh in the public service uh and public just getting things taken care of.
And obviously we've hit a wall with this, and um we are not coming up with any appreciable answers that are taking any meaningful action at this point.
You know, code compliance has its limitations, and I think this would be uh an opportunity to move in a different direction and explore whether or not this could be uh something that could uh result in a positive outcome.
I know Mr.
Shamsy, Mr.
Polzak, I have faith in their team and giving us options to move forward.
And maybe it's not a lawsuit, but maybe it's something regulatory that we haven't seen yet.
So I can tell you that um I can speak on behalf of the directors that have worked on this for the last five years.
It is incredibly frustrating.
It's one of the few issues that have uh come before our team that we have not been able to move and move the needle on.
So I appreciate the Commissioner bringing this up.
I appreciate the community coming out and speaking, and hopefully we can uh investigate a different way to address this.
And just to comment on the deputy senior manager's points and Commissioner Albert's initial question and point, the this is that'll be very critical information, the regulatory actions that have occurred over these years for us to build a clear factual and technical record to look at if we to examine whether a nuisance action is is appropriate.
So the time spent before those regulatory agencies will be critical for us to examine.
Thank you.
That's all I have.
Okay.
Thanks.
Vice Mayor.
Thank you.
Um related to Commissioner Alpert's question, as well as Commissioner Bettie's question.
Commissioner Alpert asks, what have we done?
And Commissioner Betty says any action that we take is long overdue.
But everything we have done already helps to build any case if we do choose to pursue it.
So that's not a question, that's a comment.
Um the other thing is, you know, as everybody's been speaking, I've been trying to remember at what point did I learn that the purpose of government is to protect the health, welfare, and safety of its citizens.
And Kelly Brown, can you answer that question?
From the very beginning.
No, I think it was ninth grade civics class.
Um issues that the city pursues are related to health.
Some are related to welfare, some are related to safety.
This one, you can check off all three.
So I do have a question, Mr.
Polzak.
Um the recommended action is uh a motion to direct the city attorney to investigate, etc., including the feasibility of a coordinated civil public nuisance action.
Should we change the wording of that?
Because it could be some other action that you would find would be more appropriate.
Sure.
I mean, the tasking could be broader than just public nuisance.
And um I think you said earlier decipher all violations as a part of that as well, right?
Yes, I would need to, as part of the investigation, build a clear factual and technical record and gather all the uh evidence of whatever regulatory actions have taken place so far.
Um what about the wording of the coordinated civil public nuisance action?
How would you change that wording?
I mean, you know, you could task me to investigate this matter and explore all administrative and legal remedies that may apply uh to the city and to other uh governments of jurisdiction.
Okay.
Or something to that effect.
Sure.
I have a long statement I'm going to make uh in response to a motion.
Okay.
So I guess I'm unless you have quite no questions.
Okay.
Um as I was reading the backup material, it appeared to me that after a while uh U.S.
recycling was fined multiple times, and I got the impression they figured this is just a cost of doing business.
And I know there's a non-legal word scoff law, and I'm wondering from the legal perspective, does that apply at all in Florida or in this case?
That's a good word.
I uh I'm gonna have to uh research that.
I mean, I don't I don't think it directly applies here.
Well, let me say this.
I think a actually one of the doctrines that are invoked here is what's called the doctrine of primary jurisdiction, and that's that essentially the regulatory um efforts have been exhausted and not complied with, and therefore other causes of action then lie.
So I think to your point, um if there is a history of noncompliance with other regulatory authorities, that will bear directly on our analysis and and your ultimate decision in this case.
Um one of the things I think everybody has realized is that courts and lawsuits go on for a long time, and if we prevail in our lawsuit, we may not see results for a couple of years.
I mean, your correct litigation can take uh time.
It's it's hard to estimate the exact time frame for this type of action, um, which is in part in injunctive in nature.
So I I would have to after conducting the investigation and looking, if I was tasked broadly as the vice mayor um indicated, I would have to come back and brief you on where that investigation led, you know, following the facts, so to speak, rather than making conclusions.
Because some members who spoke um did suggest some administrative things that we might do in addition to the lawsuit that could have more of immediate effect.
And one of the things that hit my mind, uh if a restaurant fails inspection, they are closed down until they clean up.
So I don't know if that's something that we could have an ordinance along those lines.
The same another one that was suggested was um that we tell others that we might be contracting with that they are prohibited from using recycling in providing whatever service to us.
But I'm just saying as part of the other things, perhaps in addition to looking at a lawsuit, we could also look at things that might have an immediate effect if we passed an ordinance or whatever along those lines.
I could examine that local authority that we could create.
Um definitely I would consult with regulatory agencies of jurisdiction, both to build that factual and technical record, but also to look at what other if there are investigations currently being undertaken, et cetera, try to get a view of of what's actually occurring and what has occurred.
And and one of the concerns I had that I guess is a legal type of issue.
Is there any possibility that the city could be accused of singling out one business and not others for some sort of selective enforcement just by being in the cement business for so to speak, because uh SEMEX or however CMEX is like a block away.
So we apparently don't have a problem with them.
So I think that's really important to approach this judiciously.
Obviously, uh the communities come here today and asked for the commission to exercise its jurisdiction in conducting a review.
I think we start with that.
We follow the facts, we don't make any conclusions and see where the facts lead, if anywhere.
Okay.
Um again, this is just in general.
Does the city require mitigation or prevented prevention measures by businesses of this type?
And are they enforced?
And are they strong enough?
Yeah, that's a really good question.
Uh part of the investigation, I think I would conduct an internal review and look at that um internal regulatory picture.
Because I would also think if they're not enforced or we don't have the regulations that that might weaken our case.
And it also goes back to your point to examine the city's regulatory structure, or there are improvements that could be made.
Okay.
Thank you.
That was my questions.
I guess Commissioner Batti, do you have any more questions?
Oh I didn't know that.
But essentially you kind of took the words out of my mouth and question out of my mouth because I was going to ask the same thing.
I don't know understand how how in the well that works.
You know, coming from the hospitality background.
You know, to the to the mayor's point.
If you're a restaurant, and the the health department comes and uh inspects you.
They'll shut you down like period or whatever.
How in the world with all of these studies that have been done, you know, environmentally help-wise, and dangerous it is to the to the community.
And and children and so on.
Families and everyone.
That's I think it's probably somebody on Zoom who's not on the toss question.
No.
I don't know if that is going to be.
No, no, that's no.
I don't know, maybe a dumb question or whatever.
But you know, along along those those lines when it comes to a restaurant or something, being a public nuisance or you know, creating some sort of public hazard that that uh you know could affect you know people in any kind of way affect their health in someone die from seminal or whatever cross-contamination or whatever the deal is, and you get shut down.
Why does that like not apply here when when they're like this formant foreign debris and in particles in the air and and like you said, shards of concrete that that people are breathing in that adjacent to a neighborhood?
No, I I think that's a really good point.
What you're talking about is the doctrine of primary jurisdiction.
What regulatory agencies have primary jurisdiction here?
Um agencies like the Florida Department of Environmental Protection, uh, there are county agencies, et cetera.
So the investigation would need to be complete and look at all those sources of primary authority, what's been done to build the clear factual and technical record behind this matter.
Okay.
I don't know what you just said, but perfect that.
Commissioner Albert?
Okay.
Um just you know, to also talk about um Commissioner Batties' point.
That's why they gave up their license to do rock crushing, because they were being, you know, saying that they were violating.
So they just circumvented it by bringing somebody else in and to use their license.
But um I'm ready to make a motion unless somebody has more questions.
It's all yours.
Okay.
Um and actually the uh suggested motion, I think by staff pretty much really covers it because it's uh to ask the city attorney to investigate and evaluate potential civil and administrative remedies, including but not limited to the feasibility of a coordinated civil public nuisance action or any other action regarding U.S.
recycling and return to the City Commission with findings and recommendations.
Second Okay, motion by Commissioner Albert, and if you don't mind, I will give the seconding honor to Commissioner Ahern Codge.
Um be it.
Um and the motion is the one that was in the administration's recommendation, but I am going to be a couple little words to after administrative remedies, but not limited to including that's in your original motion, correct?
Yeah, correct.
Well, it's not in the original.
It just said including the feasibility of a coordinator, and I just said including and not limited to the feasibility.
So we'll public uses action and any other civil action.
So those are all the only words I added.
Okay.
Would the maker of the motion prefer to sp like to speak first?
Well civil or criminal action, I will add.
Do you still second it?
Yes.
Okay.
Do you want to speak to the motion?
Um just to that I think that that covers it all.
I think it's time to do one more thing if this is what it takes to get them to either shut down or comply or sell.
I think this is something that we should do and end this as soon as possible.
Um yes, thank you.
Thank you, Commissioners, for your attention to this.
I really appreciate it.
The community appreciates it, and I wanted to thank CCNA and the community for uh um bringing this again and again and again to our attention.
Um I also wanted to thank uh Mr.
Larson and Mr.
Knopper for helping me with that video.
Um I thank you for your support, and I hope we have a full support on this motion.
Thanks.
Uh Vice Mayor.
Yes.
So going back to health, welfare, and safety.
Uh U.S.
Recycling has had many opportunities to demonstrate their interest in the health, welfare, and safety of the citizens of our city.
You know, we have the data.
There's no question that it's time.
And as Commissioner Betty said, we gotta do something.
And so this is it.
Commissioner Batti.
Uh no.
Um thank you, Mayor.
Um, uh what I don't like is you know, you U.S.
recycling plan this, you know, this uh this shell game.
You know, and you're playing with people's health.
And you know that that that's sick, you're being a bad neighbor one.
And um you're harming our city and harming our our citizens, our you know, our residents.
You know, uh people that visit our city.
And again, this is it's long overdue to do something with these people.
Um I don't understand how they gave up their license and then you know how to even got it back or waiver to circumvent the process and give it to someone else to to do the same thing to to harm our residents, you know.
So um, in the words of the vice mayor, we gotta do something.
Okay.
From what we've seen so far with U.S.
recycling, I fully expect that they are going to pursue every legal avenue to slow down any lawsuit that we ultimately file.
So I would hope that the city attorney will work in parallel both for the lawsuit perspective and any administrative things that we can do that could shut them down or get them to stop polluting the way that they're doing without waiting for the legal process to continue.
Yeah, I think Commissioner Alfred's motion is sufficient to included administrative action.
Included, I was just mentioning I hope that you can focus on some immediate actions.
Thank you.
Absolutely.
And and you know, the key will here be here again, following the facts and looking at what's what's been done and what hasn't been done and going directly from there.
Thank you.
So uh shall we have a vote.
And it passes unanimously.
Thank you all very much.
Please don't wait and applaud outside.
Mayor, before we move on, during our discussion, we talked about having the planning department review our zoning code, and I can't finish the rest of that statement.
I don't know if it was to come back with recommendations to prevent concrete crushing within the city limits, or what would the recommendations?
Why don't you bring that up during um comments at the end?
Okay.
And we are going to um re recess for lunch at this point and come back at one fifteen.
Um, the button.
Good afternoon.
I am calling this uh March 2nd, 2027's uh regular City Commission meeting back in session, and Commissioner Alpert is joining us now, and I'm sure Commissioner Batti is not far behind.
Um, we are at the point where we've at unfinished business item nine point two, the second reading of proposed ordinance number twenty-six-five eight eight, repealing and replacing article six of chapter two of the city Sarasota City Code regarding city procurement, amending section two point five of the city code relating to how to read it all, mate.
Okay.
Okay, and I will call upon the city auditor and clerk to read the titles.
Um, thank you, Mayor.
Um, I'm gonna be reading two titles, ordinance number twenty-six-five five eighty eight, and resolution twenty-six are three three eight one.
Ordinance number twenty-six dash five five eight eight, and ordinance of the city of City Commission of the City of Sarasota, Florida, repealing and replacing article six of chapter two of the Sarasota City Code regarding city procurement, amending section two-five of the city code related to contract approval authority.
Making findings making related findings and providing for servability, codification in an effective date.
Resolution number twenty-six R three three eight one.
A resolution of the City Commission of the City of Sarasota, Florida, establishing a solicitation protest schedule, making a related findings, provide for serverity for an effective date.
Good afternoon, Mayor, Vice Mayor, City Commissioners, Jennifer Jorgensen, Director of Governmental Affairs.
And I'm here today with our procurement official, our general manager of procurement, Renee Hayes, and Rob Eschenfelder, who is our outside counsel who helped us prepare the ordinance for today.
We were in front of the city commission back in February 2nd of 2026 at a public hearing and introduced for first read and ordin ordinance number 26-558.
And that ordinance was approved unanimously on first reading with a couple changes that we'll go through today.
So the ordinance that you have in front of you today for approval on second reading includes some changes in the ordinance.
Section 2-348, subsection 27.
We added that as a new section.
We removed section 2-369, which was the local preference part of the original ordinance, and after some discussion with the city commission, we did remove local ordinance from this second reading.
And also in section 2-370, we updated the title to procurement procedures.
So those are the updates that we talked about on first reading.
We do have one additional update that we did add administratively here.
We weren't asked to do that by the city commission on first reading.
And that is to section 2-348.
So that is our exemption section of the procurement code.
Under subsection 24, there is a list of exemptions there, and we did add facilitators to an exemption.
And so basically what that means, like any of our exemptions, if we choose to do a solicitation for that, we may do that.
But adding it as an exemption allows us to not have to do uh solicitation if it doesn't make sense to do that.
And there might be some reasons why a facilitator needs to be exempt from the procurement code.
One of those is is based just simply on timing.
So when we do a solicitation, sometimes it takes um a while to get the solicitation posted and responded to.
And in some instances, our facilitators are needed for very special projects that may have some time constraints, and so it made sense to add that as an exemption.
Also, facilitators, um, an example of that might be our our um FPL undergrounding.
Some of our facilitators need very specific requirements for very specific projects.
So it wouldn't make sense to go out and do a solicitation for a general facilitator for those very specific instances.
So we want to make sure we have an exemption available for those.
So we have added that um to that section two-three four eight to be included in second reading if the city commission approves that.
We also um have a resolution that has been added to the second reading.
So when we are in front of you for first reading, as part of section two-three six six, we talk about the protest.
So when a when a um proposer is able to protest a solicitation, so the requirements of that protest is is specified in that section two-three six six, but there is language in there that the protest bond would be set by a resolution.
And so that's what we're bringing in front of you today, is that resolution that basically states that um establish a request for a protest bond, security bond, which shall be lesser of five thousand dollars, or ten percent to the protester's bid, or ten percent to the published budget for the contract.
So that is also in um this request today.
Okay.
Uh that's the end of your presentation.
That is the end of my presentation.
Okay, we have one person signed up to speak, Martin Hyde.
And I uh you don't have to move on.
So although I may have to ask you to use that because we've got a little picture there just to remind everybody.
Anyway, um my name uh remains Martin Hyde for those people that no title of uh these ordinances and all these things get three minutes explaining.
Um this is about devolving authority to unelected staff as opposed to elected board and massively increasing the limits.
I spoke to this a couple of weeks ago.
You all ignored me.
That ship has already sailed.
I have one adaptation that uh that I'd like to uh to point out.
If you just forgive me, just put that on here.
Because we got uh lest we forget.
This is what procurement looks like presently in the city of Sarasota.
This is a six hundred thousand dollar bathroom, but a blind man could have done a better job.
So to the point devolving more authority to the people that let that happen doesn't make an awful lot of sense to me, but whatever.
Um what I wanted to talk about was the exceptions.
You recently commissioned a report into HR.
I say you, you didn't, the city manager or the interim city manager commissioned a report.
That report was into alleged complaints as far as HR is concerned.
The outcome of that report, which I don't know if you've seen, you should have done as soon as it cost you 40 grand, but um the outcome of that report, the main headline was that complaints made to HR when they referenced with regard to senior management weren't appropriately addressed.
And the outcome of that was that the uh HR director is uh, after nearly 20 years no longer with us.
My exception that I'd be looking for, and something because anybody can get any report or any survey to say whatever it is that you want.
You're the ones that direct policy.
Um any report should come before you first.
If they want to report into uh anything, it should be at your behest.
Um and you should know where that money is uh is is going.
It's a question of prior consent, it's a question of tails wagging dogs, um, and you've already devolved a tremendous amount of authority to your staff with these uh these new dollar limits.
Um I'm simply asking that uh when it comes to the commissioning of reports that that specific thing comes under your purview.
Thanks.
Thank you very much.
Uh Commissioner questions, uh Vice Mayor is first.
Thank you.
Um, I did have a question about section two-three four eight item sub item 24, which you already referenced.
And when I read that, I wasn't sure if facilitators were executive management facilitators, or in a more general category of facilitators.
I don't know, you people who are big on commas, do you think we should have that comma there?
Well, I have to look at that particular section and to see.
I had to look at that, yeah.
It is on page uh nine of 39.
Uh subsection 24.
I got that one, yeah.
Uh for me after executive management studies, comma.
Yeah.
Comma.
It clarifies it for me.
You don't want us to tell every comment, comma, right now, do you?
Because I don't want you to address every comment.
I should have the oxford, comma.
Thank you.
Yeah.
And I have one more question.
This I think goes to either Mr.
Pulzak or Miss Griggs.
So it appears in the administration's recommendation that there are two, one ordinance and one resolution.
Uh I was taught if it can stand alone, it should be moved alone.
And so in my mind, there would be two motions rather than one.
It is two motions.
Yeah.
Okay, thank you.
Okay.
Uh any okay.
Commissioner Hey, Her and Kotch.
Um yes, thank you.
So um the language, uh, it appears twice.
It's on page three of 39 in the very first whereas paragraph, and then it's again on page or uh similar, uh, is on page 11 of 39.
Let's start with the first one.
Um and I think I brought this up last time.
I'm not positive if I did, though.
The whereas where it says, and um I'm looking for legal uh input here.
Um whereas Article 4 section 13 of the city charter provides that the city commission must approve contracts with a term in excess of ten years, comma.
Um to me that reads the city must approve it.
A contract comes before you and you must approve it and say yes, we approve it.
I understand the intent is that's not what the intent of this language is.
The intent of the language is that it must come before the body to review and potentially approve.
But when I read that, it says that we must approve it.
Period.
Um again the same language I read on page 11 of 39.
Uh section three, subsection A says a formal solicitation must be approved by.
And again, I feel like that's putting in writing that it must be approved and not reviewed and then approved or reviewed and then ejected uh uh um rejected.
Legally, we've got s lots of lawyers here.
Uh I'm not one, so that the way I read it is you have to say yes.
And I would if I were submitting it, I go, oh yay.
It says that they have to say yes, no matter what I do.
Does it or doesn't it?
Rob will let you.
And looking at it from my angle, please.
I understand.
Yeah.
Yeah.
Uh um staff uh to brought that to my attention that you had raised that.
I I have that appearing on page 12 of 39 item.
Yeah, yes.
Um on sub B, that's where it was pointed out to me.
It were uh on uh the third line.
The commission must approve all nerd non-emergency agreements.
Is that what you're looking at?
Uh that's another one.
Uh thank you.
Minus if you go back to page 11, category 3a, first line.
And then on the very first warehouse clause.
There's actually a few of them, Rob, throughout the entire ordinance.
So first of all, it doesn't mean that you are obligated that you cannot adopt an ordinance that binds future commissions to just blindly approve something put in front of you.
No judge would ever give it that reading.
But to you know if you want it changed, then I I just wrote in the commission is authorized to approve.
And so if that is is the pleasure of the body, I can just make that change in all the areas where it is much.
You can word it so many different ways.
But I like better.
It means that you guys are the approval, not the manager.
Right.
And that's that's that's you know, I understand that's what the intent is.
Just somebody looking at from the other side who may go after us for this.
I just wanted to add clarity to it, or to the layman who reads this, right?
The general public who would read it.
I read it as that the city commission must approve it.
Um whether they like it or not, you must approve it.
So we could make that change in in all of those three places.
Something that's that still says that it must go before the commission as a body to review and approve.
Whatever you all deem.
I don't know if this commission wants more clarity on it, but I'm okay with that direction.
I'm not finding those.
Right here.
Whereas.
The first one.
Well, that one.
But then you said there was another one on the same thing.
Um there are several others, so it's on page 11 of 39.
What subcategory?
Uh uh 3A.
And please note where it states a formal solicitation must be approved, but the procurement official, you are absolutely right as far as I do review it before I approve it.
Because there are always usually changes, though.
Mine doesn't say anything about the commission having to apply.
No, no, no, it just says it must be approved.
It's the term must be approved by, must be approved by.
And then it's again on the next page on page 12.
And for the procurement official.
And for the yeah, for the one on page 11, that that she does have to approve formal solicitation of the case.
Okay, so I set that one then.
I can change that to shall instead of must.
But but what that is saying is that uh a formal solicitation doesn't go out the door until this person sitting here says I bless it.
Right.
What that means.
Right.
Right.
And then there's one on page 12 of 39 as well.
That's the one where the argument is that you're saying that it's seems like the commission is forced to approve a contract.
Okay.
So I will change it to is authorized to.
Okay, or if we have whatever the.
If you want to say our subject to approval by the city commissioner.
There you go.
Thank you.
Well, I we're we're kind of I'm trying to fit it within the sentence as it's currently.
Okay.
The current sentence says the commission must approve non-allemergency agreements exceeding 500,000.
So I would change it to the commission is authorized to approve all non-emergency agreements exceeding 500,000.
Okay.
Okay.
And that to dovetails to the preceding sentence, which says the city manager is authorized to approve contracts not exceeding 500.
Okay.
That was my only major question, and then I do have commas and other things.
Well, this is second reading.
So any change you want, we need to reflect it.
Should I go over right now?
This is a second reading.
Yeah, that now is the time.
Or forever hold your piece.
Seriously.
You want me to subject the whole audience to my commas?
In the first I don't know what they just can't be submitting.
You guys just change it.
I don't know.
As long as they're just commas is not in the substance.
There's commas, and then where we talk about dollar numbers.
Um sometimes it's spelled out, sometimes it's not, often in these kinds of contracts uh and in ordinances, it's spelled out $10, parentheses, the number 10, so on and so forth.
There's a lot of that in here as well.
Can we include in our motion that it also approves Commissioner Ahern Koch's correction of Scrivener's errors?
Yes, why not?
You don't want to listen for another 20 minutes.
So I oh Commissioner Albert has questions.
Yeah, I'm I'm looking at that um on page 12 of 39, the change under, I guess it's it's um what was the ones B.
It's three, is it three B?
Yeah, I think so.
Yeah, three.
And then B.
Okay.
Um where you're saying the city manager is authorized to approve contracts not exceeding 500,000 to be paid from available funds budgeted by the City Commission without further action of the Commission.
The Commission must approve all non-emergency agreements exceeding 500,000 or where the term exceeds 10 years and is not terminable by the city without cause.
So if you change that to the commission is authorized to approve, then anything over 500,000 or longer than 10 years, then who approves it if the city manager can't approve it for over 500,000.
So I'm I'm not clear what we're doing there.
The manager approves agreements not exceeding 500,000.
Right.
So long as there's budgeted funds.
That's the first thing.
Right.
The Commission approves non-emergency agreements exceeding 500,000, or where the term exceeds 10 years and is not terminable by the city without cause.
Right.
But you were changing that.
I thought you said you were changing that the commission is authorized to approve, sort of saying we don't have to, we could, but we don't have to.
Then if we don't have to, who would approve it?
So it seems like that should just stay the same.
Well, you'll have to have uh a debate with your colleague who who I originally worded it must.
Yeah, which I think some of the somebody who has to approve.
But there's a concern that that makes it sound like you are obligated to, no matter what, even if in your business judgment it shouldn't be approved, which is why I suggested changing it to is authorized to.
And now you're well, yeah, I'm because we can approve it or deny it.
Well, we can approve it or deny it, but in order for it to go forward, it has to be approved by the city commission, and if it's not, then it's denied.
Right.
But that's what it says.
If it changes, that's what it says is that we have the authority to approve it or to deny it.
The way it reads now, it sounds like we have to approve it.
It's there's no other option but to approve it.
We must approve it.
I that's really not the way it reads.
Well, yeah, it doesn't mean that.
It means for for an for a contract over 500,000 or over 10 years, in order for it to be approved, it's the commission's authority to approve it.
Okay.
But you don't have to, yeah, you can deny it.
Again, we're trying, you're trying not to recast the sentence in any way, and that I think is where the problem arises.
But Commissioner Alpert used the words to move forward.
So if you just inserted to move forward, the Commission must approve.
Would that work?
So leaving it, the Commission must approve, but you're adding the words to move forward.
And I'm not sure if it's helpful.
I think Rob, correct me if I'm wrong.
Commissioner Cotch, you brought up the whereas clause on the first page, where it does use the terminology City Commission must approve contracts with a term in excess of 10 years.
So that is the language in the charter.
And so that's why that language is used.
So to be consistent with the charter, the must language would align with that charter if we keep it as must instead of changing it to can authorized.
So I just want to point that out.
Because I think that's a good question.
How about this for a new sentence too?
Only the Commission.
Has the authority to approve all non-emergency agreements exceeding $500,000 or where the term exceeds 10 years?
Yada yah.
Fine.
All good?
Any other questions?
Okay, I guess thank you very much for your presentation.
And I do just want to point out before we leave.
Um on uh this is on page 31 of 39, section three.
Remember, there's that straight section of the code 2-5.
Um somebody between last time and now click accept to the edits, and so it's it all of the the 2-5 needs to be underlined.
So just pretend that it's underlined, and I will make that change.
Okay.
Thank you very much.
And I believe we will need two motions.
I have one for you, Mayor.
Move to adopt ordinance 26-558 with the changes and scribner corrections that have been discussed today.
Uh I'll second them.
Yeah.
Okay.
Move by Commission uh Vice Mayor Ulric and seconded by Commissioner Alpert.
Do I need to repeat the okay?
Um the motion was the only the ones that have been discussed, and there are lots that and your scrivener's corrections.
Right.
So could we amend the motion?
To delete the words today, the word today.
That have been discussed today that are you Mr.
Polzak.
Yeah, so I think the discussion was to include uh Commissioner Aherncotch's revisions as well, which for the record are they basically um Oxford, convention.
And um some others to Scrivener's errors.
Okay.
Nothing that's substantial.
No, okay, all right.
No, nothing substantial.
So to add that body of revisions into the motion.
Yes.
But so it's it's two things that it's Commissioner Aher and Koch's corrections to Scrivener's errors and the other wording changes that we discussed at the table.
Right.
Okay.
That's the motion.
That's the motion.
Okay, seconded it.
Still second.
Still second.
Okay, perfect.
Okay.
Um maker of the motion?
No discussion.
Okay.
Seconder.
Then I guess anybody else want to discuss?
No.
Okay.
And that motion passed unanimously.
And did you want to do a second?
I have another motion.
Move approval of resolution 26R-3381.
Second.
Okay.
Motion by the Vice Mayor, seconded by Commissioner Ahern Koch to pass resolution 26R-3381.
Uh, does the maker of the motion have any discussion?
Second, or any discussion?
None.
Anyone else?
Then we should vote.
Passed unanimously.
Thank you all very much.
And we will move on to the next item of unfinished business that deals with vacation rental expansion.
Did you want, did the auditor and clerk want to say anything?
Or this is on me.
It's on you.
Okay.
And we I'll call upon vacation rental supervisor Chabica to make a presentation.
Hello.
Hello.
All right.
Good afternoon, commissioners.
For the record, my name is Hannah Chabica, and I'm the supervisor of our vacation rental compliance program.
Today I'll be presenting a follow-up report on expansion feasibility to the downtown neighborhood or DTN zone district.
The vacation rental compliance program began under Chapter 34.5 in 2021, originally applying only to the Coastal Islands overlay district.
The program was expanded to residential zones citywide in 2024 and has been refined through four administrative amendments.
In October 2025, the City Commission adopted ordinance 25-5560, providing administrative clarifications to Chapter 34.5.
Staff was also directed to evaluate the feasibility of expanding the ordinance to additional zone districts.
Staff presented a feasibility report at the December 1st Commission meeting, and the commission directed staff to return with additional information and operational context related to potential expansion to DTN.
So the purpose of our program vacation rentals is to support residents' peaceful enjoyment of their homes, to protect the health and safety, and to promote neighborhood compatibility.
This program is not intended to function as a revenue generating program.
Today's report supplements the December feasibility report and provides operational context related to program growth, staffing capacity, and administrative considerations for potential expansion.
So Chapter 34.5 currently applies to all residential, single and residential multiple family zone districts.
And applies to single to three and four family dwellings.
There is an annual registration, inspection, and ongoing compliance with ordinance standards.
This exists separately from the registration requirements of 34.5.
So at the time of the previous feasibility report, as of October 31st, we had 574 registered vacation rentals.
And as of January twentieth, our program has grown to 612 vacation rentals.
And actually, as of note, as of this past Friday, February 27th, the number has even further increased to 626 registered vacation rentals.
This growth has occurred within the current program scope and has been driven by proactive monitoring and enforcement.
Registration administration inspections and compliance monitoring processes have continued to be refined and optimized throughout our transition to new registration software.
To provide context, the residential single family and residential multifamily zones are primarily residential use and provide for clear zoning eligibility.
DTN allows for mixed uses, including limited office, retail, and lodging uses.
So eligibility may require more parcel specific zoning review.
Vacation rental cases are primarily generated by proactive monitoring and enforcement, with most cases involving advertising and operating the property as a vacation rental without the certificate.
Compliance with ordinance standards is verified prior to issuance of any certificate.
Most of these were in RSF and RMF zones.
Five were affiliated with uh DTN pro parcels, but no violations were identified.
Since the initial report, compliance software identified approximately sixty-two vacation rentals in DTN.
We have not identified any additional units since our previous report.
After reviewing these property records for these 62 properties, it's estimated that about 50 of these vacation rentals would qualify to register under Chapter 34.5.
And here you can see just a map of the location of these 50 qualifying or potentially qualifying vacation rentals in DTN.
So program administration involves coordination across development services, including not only vacation rental staff, but also code compliance administration, zoning review, local business tax, building and permitting.
And so expansion does and and would continue to affect these shared departmental resources.
Our current staffing is aligned with existing workload, but continuous program growth is increased administrative demand and limited staffing capacity for proactive monitoring and enforcement.
Enforcement timelines are also impacted by hearing availability, which directly impacts co-compliance administration.
Vacation rental compliance program is structured to support compliance, protect public health and safety, and to promote neighborhood compatibility.
And as mentioned previously, the program is not intended to function as a revenue generating program.
The operational cost of the program currently exceeds revenue generated from registration activity.
Annual expenditures include staffing resources, compliance monitoring tools, inspections, and enforcement processes to maintain oversight and ensure compliance with city code.
This table provides a high level overview of program revenue and expenditures since implementation.
Early program years reflect startup and implementation costs.
As participation as participation increased following the 2024 expansion, revenue began to align with operational costs.
The 2026 revenue figure reflects year-to-date activity from January 1 through February 17th of this year.
And from an operational standpoint, administrative workload is not driven solely by the complaint or case volume.
Program administration includes a wide range of responsibilities, including application review and processing, inspections, enforcement actions, ongoing compliance monitoring, and coordination across multiple divisions within development services.
In mixed use zoning districts such as DTN, eligibility determinations may require additional review.
As the program continues to grow, these administrative functions will collectively continue to increase staff workload and interdepartment interdepartmental coordination.
Within this context, staffing capacity remains our primary operational constraint.
So in closing, there are three points to highlight.
First, the vacation rental compliance program continues to grow within our current regulatory scope, resulting in increased administrative and enforcement responsibilities.
Second, operational capacity, particularly staffing and administrative resources remains the primary factor influencing the program's ability to absorb additional responsibilities.
And third, any consideration of program expansion should be evaluated evaluated within the broader context of long-term operational sustainability, including leadership structure, staffing capacity, and departmental support functions.
Thank you.
This concludes my presentation and happy to answer any questions.
Thank you very much.
We have quite a few requests to speak cards, so I guess we're gonna need to the room and we'll welcome you back afterwards.
If I count it right, we have eight people who requested to speak.
The first five are Charles Morris, David Pearson, Ron Cashton, Martin Hyde, and Linda Holland.
So you're welcome to join us up here.
Okay, so Charles isn't here, so flow entler.
Okay, we can start with David Pearson.
Hello.
Thanks for having me today.
My name is David Pearson.
My wife Jane and I live on Fifth Street.
Um right at Adele at 1659.
We've been here since 2015 and love it.
Um I'm here today to ask you two things: more enforcement of the seven days rule on Airbnb, and to provide some kind of tiered structure for Airbnbs because they're not all created equal.
So our background with this is we've run Airbnbs in Vermont on basically when we live there, we rent our ADU unit or guest unit, we're not using it.
And here in Florida in the first few years we lived here, it was really great.
COVID kind of slowed things down and since then we just use it for friends and family.
What I'd love for you to do is think about uh affordability and keeping some of the historic homes.
Um I think there are some things that are affecting this in a in a bigger way.
Um Airbnb where grandma rents a room is one thing, Airbnb where you have a house and in the back you have an AD unit and you're on premise and you only rent to a couple people, that's another thing.
But if there's a house that has 4,000 square feet and six bedrooms, um this is another thing in terms of parties and problems.
And it creates problems in the neighborhood, and it creates problems with parking, and it creates uh problems with the city because who are we going to call?
Uh often these people are not they're not on site, so if you you don't even know who the owner is to call.
Um, and then that just ends up with more police calls, zoning calls, and those kinds of things.
That was a very nice report from the city group on this.
I see you need more money to run the program.
My thought would be to raise the fees on the bigger properties that are causing more of the problems and have a tiered structure, like many countries, many cities around the world are doing.
Um, and do something with seven days besides saying, oops, um, there should be some pretty good fines for that uh if that happens repeatedly.
The non-owner occupied stuff is a real problem.
I think the opportunity zone, as if Gillespie Park needed more emphasis on gentrification, uh, is a problem.
And I realize that's a federal thing and not in your jurisdiction, but what you need to understand is that just turbocharges the problem.
Because you can be in the opportunity zone, you can be a hedge fund or corporation buy one of these things, rent it for five years on Airbnb, get the tax break.
How do I know that?
Because my neighbor is doing that.
Not going to joy dealing with that.
It's this huge house.
They put the air conditioner and the water heater within five feet of my bedroom window at the same level, and that doesn't make me happy.
So again, I encourage you to really enforce the seven-day rule and do a tiered structure and raise the fees on these things.
And get serious before you there's already 70 homes, non-owner occupied in Gillespie Park on Airbnb.
Thank you.
Thank you very much.
Uh Ron Cashton.
Oh, thank you.
Good afternoon.
Uh, my name is Ron Cashton.
I'm a city resident and speaking solely as a resident and not on behalf of any organization.
Now you're considering expanding the vacation rental registry to include neighborhoods that were mistakenly left out when the ordinance was modified to be citywide.
Now, the core purpose of the registry is to give code compliance an effective clear tool at enforcement of our seven-day minimum rental law.
No change in the law itself, just the ability to enforce it.
And I think it'll help you to hear about the arduous and ultimately fruitless loop that Laurel Park, my neighborhood, went through prior to the registry.
In 2022, Laurel Park was dealing with several properties that were causing constant disruption.
Underage drinking, loud parties, and even intoxicated individuals walking naked down the street.
We suspected that the root cause was daily rentals operated by absentee owners.
And because there was no registry, the neighborhood had to take enforcement uh in their own hands.
Residents searched verbo and Airbnb.
Residents use their own credit card to book one-day stays so that we could gather proof for the city attorney to present before the magistrate.
And after that, residents filed code compliance complaints.
Now let me share you an example of one of those abusive rental properties.
Within a single year, this location was called violating the law four times.
And the owners would comply long enough so that the citation would be lifted.
And on the last occasion, they waited only 12 days after code compliance lifted the citation before they reviolated the code law again.
So in the end, both code compliance and the neighborhood were effectively powerless to stop this abusive owner.
It was only the expansion of the vacation rental registry that finally compelled these owners to be lawful.
Now the city should expect a reduction in complaints when the ordinance is in effect and owners follow the law.
And rather than not enforcing our laws, maybe you should focus staff to streamline the workflow, and that might be able to give you the re this savings that you could enforce the law citywide.
So please give Gillespie Park and the other missing neighborhoods the same relief that my neighborhood, Laurel Park has.
Thank you.
Thank you.
Martin Hyde.
So obviously there's a feasibility study.
I mean, uh I guess we're talking about some form of uh government expansion.
I I I did miss the slide, maybe you saw it that told you how much this is going to cost.
There's a tip, there wasn't one.
So how much does it cost?
Well, we don't know yet.
Maybe when they come back, they'll tell you.
This I can tell you what it's cost over the last four years, because that was on there.
Whipped away quickly, less than anybody could do the math, but they forgot I can actually add up.
So 600 grand is what it's cost in the last four years.
That's the net difference.
And I appreciate that it's not meant to be a revenue generator.
Um, but that's what it's actually cost.
And I said the slide was taken away very quickly, but just looking at it in the instant that it was there, it showed that its expense, which they obviously projected forward for the year is about 36 to 38,000 a month, and they prorated what's about six weeks of income.
So that looks like it's about 20,000.
So by my math, that's 200 grand that you're going to be short as it stands during the course of the rest of this uh this year.
And you know, to the point, hotel houses, absolute blight.
You know, I had a property on Siesta for many, many years when all this thing started up.
Horrible.
People absolutely reasonably enjoying their vacations and spoiling the neighborhood for everybody else.
So we need some regulation.
That one's you know, but there should be levels, there should be tiers.
There's a big difference between we know that the owners are uh if they're there, they're exempted, but you know, there's a huge difference between a house that has four people and one that can have fourteen.
Um we do have code enforcement.
You know, it it would this is a form of duplication.
We do have code enforcement.
We we don't actively need another department to come up with.
If you're a nuisance, code enforcement can do something about it.
And certainly county-wide, um, the rule about how many days you can rent something have been there since forever, way predating any of this.
Um really what it comes down to as far as I am concerned is that I'm assuming that we're going to go from a 200 grand loss to a 300 grand loss or whatever.
Um I don't see the the distinction here that makes a difference between that uh and code compliance.
And and with respect to Ron, I appreciate his sentiment about regulation and uh people following the law, but you know what?
People who don't follow the law don't follow the law, and uh it ain't gonna make any difference whether you're a vacation rental or whether it's code compliance.
So I I I I'm a kind of think that that's a dog without any teeth.
Thanks.
Thank you.
Uh Linda Holland.
Thank you.
My name is Linda Holland, and I'm a now a 46-year resident of the Gillespie Park neighborhood.
Um seen a lot of changes, been part of a lot of the changes, and it's such a wonderful neighborhood to live in now.
But we have problems, still have problems like everybody else in uh in the um the vacation rentals are certainly one of them.
So I'm here to support um remedying the uh the issue of not including like the Gillespie Park neighborhood originally in this in the citywide um expansion of the of the ordinance.
So I think it's an easy, easy enough thing to do now.
Uh one of the more simple things to help us all out.
So I quite frankly would like to see our our um district one commissioner make a motion to expand this to include the Lesbian Park, and we just move on with with uh taking care of something that we should have been included to begin with.
And so I hope that uh that we'll be able to get this one done taken care of pretty quickly.
Thank you.
Thank you.
Flo antler.
Hi, good afternoon.
Hello again, Commissioners.
Uh my name is Flo Entler, 37-year city resident.
I am representing myself, but the last time I spoke about this ordinance was in January uh 2nd, 2024.
I was representing myself, the Arlington Park neighborhood and C CNA.
And that time we were looking for it to go citywide.
We weren't looking for the DT uh neighborhoods to be carved out.
We were told it was going citywide, and somehow it just went to RSF and RF RMF neighborhoods.
So I'll now get back to speaking for myself.
I'm here today as a pro uh as a 37-year city resident and a property owner in the Arlington Park neighborhood.
I'm asking you to strengthen and actually enforce our vacation rental rules.
For at least 15 years, Sarasota has required that vacation rentals have a minimum stay of seven days.
Shorter stays are considered transient lodging and aren't allowed.
I have one on my block that is shorter than seven days.
We don't have to look beyond Anna Maria Island to see the cost have see the cost of unchecked short-term rentals, neighborhoods hollowed out, commercial activity replaces community, and year-round residents are displaced.
Sarasota was fortunate our seven-day rule was grandfathered in before the legislature stripped the local authority on vacation rentals.
But a rule only protects neighborhoods if it is enforced.
And for too long, this one hasn't been.
In 2021, the city created a registration program starting with our culture districts hit by hotel houses.
In 2024, this commission voted to expand it citywide.
Yet somehow, between that vote and the final ordinance, the intent got lost.
And neighborhoods like Gillespie Park were excluded.
It's time to fix that and make this truly citywide.
Staff estimates expanding the registry would add about 50 more units, a manage manageable 10% increase.
From the neighborhood side, problems persist.
Rentals advertise and operate for less than seven days in every part of the city.
Residents report violations, provide screenshot, yet little happens.
Part of the issue is structural.
Our code system was designed to inspect buildings, not monitor activities.
Vacation rentals are an activity.
The churn, new groups, every few days, late night noise, parking, trash, erodes residential character.
Meanwhile, permanent vacation rental signs still line yards, abusing an old exception meant for uh for sale signs.
It hurts the look and feel of our streets.
Staff knows of these problems is trying to find a way to balance the forest and the trees.
We can streamline this and make it work for everybody if we just keep it simple.
Expand the registry citywide, require full inspections maybe every three to five years, or after major structural changes.
This will free up staff to enforce rentals that don't comply with the seven-day minimum.
Close the signage loophole to estimate permanent vacation to eliminate permanent vacation rental ads.
Let's protect our neighborhoods and put everyone in the same playing field.
Thank you.
Thank you.
Thank you all.
And we still have a few more people.
Is Charles Morris going to return?
No.
Nope.
Okay.
Max Brandau and Kelly Brown.
Okay.
Mr.
Brandau, you're up.
All right.
Good afternoon, Mayor, Commissioners, Max Barando, resident, homeowner in District 3.
I am representing the Realtor Association of Sarasota and Manatee Day.
You guys received our letter last week, but our position is pretty simple, and we believe it's the common sense position.
Vacation rental expansion into these districts lacks any of the nexus that the original ordinance had as it pertains to health, safety, welfare.
The staff's own record suggests that within this district that you guys are potentially going to expand into, there's been no recurring compliance concerns, no pattern of police disservances, not a single verified violation, and five total complaints over the course of the year.
And if we were just to assume that the five total complaints were legitimate complaints, and they panned out, that in itself wouldn't warrant expansion.
But of those five total complaints, none of them were violations.
So justification for regulatory expansion is unclear.
The argument for expansion uh further weekends when you look at uh what's going on within the department uh fiscally and operationally.
The staff's report uh indicated that they were running a deficit.
I believe costs are above 400,000 dollars, and their estimates uh of 250,000 uh revenue per year.
Expansion would only uh exacerbate those issues.
Uh we believe the commission has a duty to ensure that public decisions are grounded in data and are fiscally fiscally responsible and for these reasons we ask that uh the commission does not support expansion.
Thank you.
Thank you.
Kelly Brown.
Good afternoon.
I'm gonna need the Elmo.
Uh my name is Kelly Brown, I'm a city resident.
I'm the president of C CNA as well as the president of Gillespie Park Neighborhood Association.
I'm going to speak to you today on behalf of each of them.
First C CNA, I'm not going to give you all the history of the dates because you heard that.
But if you'll note on slide two from city staff, it said that the vacation ordinance was supposed to go citywide in February of 24.
That's what was approved.
There was no mention to exclude or intent to exclude any neighborhoods from the code or registration process.
There was no discussion that have happened publicly to omit any neighborhoods, yet neighborhoods were excluded with no notification.
We have been trying as an organization to correct this issue since that time.
Please use this opportunity today to provide these missed neighborhoods the same safety, tranquility, and peaceful enjoyment of their homes as has been applied to every other neighborhood.
Now, speaking for Gillespie Park.
Those are our meeting minutes.
As vacation rentals that are are not owner occupied, continue to ignore the city's rules.
Gillespie Park is very similar to Laurel Park with single family homes, duplexes, small apartment complexes, and primary full-time residents.
We are not a transient hotel lodging neighborhood.
Today, 70% of the vacation rentals in our neighborhood are non-owner occupied.
Huge houses are being built to accommodate future hotel houses.
I've heard it said that there are no complaints in the downtown zone, downtown neighborhood zone.
Well, in reality, there's nobody to complain to as the vacation rental code doesn't apply in our neighborhood.
Why wouldn't the city be willing to protect Gillespie Park like it does every other neighborhood in the city?
Some examples of what we deal with every weekend.
This is just a group of, I just looked these up yesterday.
I could have rented every single one of these for two days in the same weekend.
This year.
This particular house, we have had situations where it sleeps 16, it's two houses side by side with gunfire, with fights, with parking everywhere in the streets.
People are afraid to call.
There is a stand-your-ground law in Florida.
People are afraid to call.
We have situations where the owners have shelled in their entire front yards to put in more parking.
Well, there is a parking ordinance in Gillespie Park that says you cannot park in your front yard.
It's the only neighborhood besides Park East in the city that has that ordinance.
We have another place on a different street that sleeps 12.
They have completely blocked the sidewalk on a regular basis with VO scooters.
Worse than that, it's not even in front of that house.
It's the house next door, which isn't a vacation rental.
We have a house with a dog run that dogs bark all day long.
We have nowhere to go.
Trash cans are left out.
Parking is every which way.
Every neighborhood meeting has conversation about vacation rental problems.
We're not asking the commission to do anything more for us than they have not already done for other neighborhoods.
Thank you.
Okay.
Maybe you could turn them all into long-term rentals and solve the problem.
Okay.
Invite our vacation rental team back up because I suspect there will be questions.
I'm waiting for somebody to buzz in with the question.
Okay.
Vice Mayor.
Thank you.
I'll get the ball rolling.
How is local business tax involved in vacation rentals?
So every vacation rental that registers is required to have a local business tax with the city, which is paid one time each fiscal year to operate as a business here in our municipality.
So when we expanded citywide to all residential zones, all of those new rentals that did not currently already have the business tax had to apply for and obtain that.
So how are you involved in that?
Local business taxes part of co-compliance as a whole.
So when we review a vacation rental registration application, there's you know set quite a few requirements that have to be submitted, one of which is the local business tax receipt certificate, active, you know, for the current fiscal year.
Okay.
So if they have it and they've checked it off and included their sheet of paper, then you're done with it.
If they don't have it but should have it, then it becomes a code compliance issue when somebody in code compliance has to pursue it.
Our staff helps work with the applicants and residents, and we work closely with the local business tax staff.
We're all in the same office on the same floor, so we're a pretty tight-knit team and we've been navigating the you know the whole program together.
Gotcha.
And so could you just very briefly run through some of the program expenditures that are associated with uh vacation rentals?
Sure.
So we have uh vacation rental registration compliance software that finds the vacation rentals and helps us to identify non-compliance and new rentals.
So that is costing us approximately 40,000 every year.
We have myself and I have four staff that work with me as well, so that accounts for the majority of the yearly expenditures, and really other ongoing costs would just be equipment and uh that's about it.
Gotcha.
Thank you.
I'll come back, Mayor.
Okay.
Ummissioner Albert.
Oh, yeah.
Well, I was giving you a chance to pose okay.
Um, part of the fees come from registration, is that correct?
Uh the rental houses.
Yes.
Okay.
And do part of the fees come from the local business tax?
Local business tax.
You don't get any of that.
Okay.
That goes to that.
So that's not an issue if that goes away.
No.
Okay.
So number one, um, and maybe it's said in the material and I I missed it.
How did the DTN zone get excluded?
Because I I do remember voting to expand it citywide, so I'm trying to see what happened.
So the ordinance originally applied to residential single and residential multiple family zones on the barrier island, so it was been zone-based.
Okay.
So that's that's that's what that's what happened.
Okay.
And is all of Gillespie Park DTN?
Yes.
Okay.
And is it possible to just include Gillespie Park and leave the downtown out?
What effect would that have for the record, Alison Christie, General Manager of Development Services?
I think the attorney's office has recommended that we stick to basing it on zone districts.
And not neighborhoods.
Okay.
Um get back to my to my notes here.
And you talked about in the backup material the cost as opposed to the number of potential rental units in that area, correct?
So how many more staff would you need?
What would be the additional cost estimate?
If directed to draft an ordinance to expand, we would be able to bring back numbers to show exactly how much staff based on operational context that we would request.
Um in the backup, it mentions that each additional staff member of a total annual roll-up would be approximately 75,000.
So you need how many extra staff?
That would be yet to be determined.
It's yeah.
At least one at least.
At least.
At least.
Okay.
Um is it true there were only five complaints in that area?
Yes.
Okay.
And so isn't this something that if there it starts to become a huge problem that we could add in?
We could always add this at some point.
I I believe so, yes.
Wouldn't, you know, because we would be doing the same thing we're doing now, is expanding it to that to that area.
Um the other issues that were pointed out by Kelly Brown about the things that have been happening.
Is that something that can be I guess taken care of by code enforcement rather than by including them in the vacation rental ordinance?
Aren't those code enforcement violations whether they're a hotel house or not?
Yes.
Our team and our staff currently handle complaints for the zoning code, which is regulates the minimum stay requirement.
Okay.
And the other issues she brought up, I think like blocking the sidewalk, parking in the front yard, those are those can be done separately from the vacation rental.
Um that's all I have for now.
Commissioner Haran Kodch?
Yes, thank you.
Um on on I don't know what page it was on your presentation, but the presentation with the cost of the the program where you have the calendar year, the revenue and the expenditures.
Uh when I eyeball that cutting out 2026 because we're just second of March, um, I come up with a revenue of about $530,000 and expenditure of about $800,000, which is the difference of uh um $270,000 divided by four years would be about $57,000 a year.
Does that make sense?
Okay, so that's what it costs basically the city uh to run this program per year, $57,000.
That's about right, I think.
Yeah, maybe it's a little more.
Okay.
Uh I just wanted to give some perspective to what it uh costs for the request from the community to health, safety, welfare compatibility, so on and so forth.
Okay.
Um and then my other question has to do with uh the question that Commissioner Alper just asked about why not Gillespie Park because the city attorney doesn't recommend it, why not?
I can clarify he wasn't saying we weren't saying he didn't recommend that.
It was just the original ordinance recognize the residential zone districts.
So then when we stated we expanded citywide, we expanded citywide to the residential zone districts.
Gillespie Park is a downtown zone district.
Okay.
Uh could we just expand it if we wanted to take a toe, dip a toe into this expanding it into Gillespie Park?
That's up to you all.
That's what we're here to decide today.
Legally, could we do that?
Yeah.
Yes.
Okay.
Um are you aware of any other neighborhoods that have DTN that would also want this and say, hey, why not us?
I'm not aware of any.
Yeah, Park East is the only other neighborhood that's zone DTN.
I think we'd have to was that included in the 50s?
Or was that just Gillespie Park?
The 50 units.
That includes parkees.
Okay.
So we could expand it to DTN in Gillespie Park and Park East.
That's what is before you today is expanding to DTN, and that would include both.
Right.
But it could be just those two neighborhoods?
I think that's all that's DTN.
Okay.
There's no DTN elsewhere, it's just those two neighborhoods?
I believe so.
I think so.
Yeah.
It's just there.
Okay.
All right.
Um.
And then the idea of a tiered fee for the houses.
Somebody had suggested number of beds or square footage of houses.
Um I thought there was something that we had in there about that, but I could be wrong.
Currently we have a flat fee for registration and renewals.
We researched when before the ordinance expanded, we did re research for other municipalities throughout the state.
So if we were directed to expand again, we could reevaluate that to see if our information from you know the past has changed.
Because best case scenario that it pays for itself the program, obviously not a uh a revenue generating program, but at least pay for itself.
Maybe potentially that is a way to get there.
You know, we've heard for some from some people since we've introduced this that you know the the little guy is impacted or has to pay as much as the big guy.
Um and maybe there's some wisdom in in that input as well.
So that's an option.
If if that's what we're directed, yes.
Thank you.
Oh, but those are my questions.
Okay.
Did you have anything you wanted to ask?
Okay.
Um I have a couple of things.
Um in if we don't do registration, can we actually enforce this seven-day, seven-night minimum?
Yes, we can currently enforce that, but there are staffing constraints and you know, operational considerations for proactively enforcing that.
Okay.
It and do we do any kind of education?
People who are required to register know the rules, but I also hear from people who are doing uh vacation rentals not in a registration area who don't know that it's a seven-day, seven-night minimum.
You know, they're saying, oh, I'm just you know helping to pay the mortgage.
Yeah.
So is there any education to uh other neighborhoods besides the ones where there's registration requirements?
Education for our requirements really comes down to either discussing registration or being in communication, whether that be a complaint.
Um also our website I keep updated with current information, which is a very valuable resource for people to go and learn more about our requirements, but only if they realize it applies to them, right?
I can't really speak for anybody else.
Okay.
Um now you said that there were half dozen complaints from uh Gillespie Park.
Um what were the nature of the complaints?
What were they complaining?
What were the complaints about?
The are you referring to the five and DTN?
Yeah.
They were about renting for less than seven days and nights.
Okay.
And how does that compare with the complaints you received in other areas where registration is in effect?
Most of the other complaints were due to failure to register and or the seven days and nights.
Oftentimes when we cite for failure to register, we also find non-compliance with the minimum stay.
So they're both addressed.
So it's if I we earlier in this agenda today, we had a company that found it was uh a cost of doing business to accept fines.
Okay, I broke the rules, I'll pay my fine, but I'm making enough money that it doesn't make a difference to me.
Um I'm wondering about that in terms of vacation rentals.
Uh are we fining people for violating the seven days, seven nights, and then they sort of shrug their shoulders and keep doing it.
So violations of the seven-day and night can go through the co-compliance process, which ultimately can lead to an administrative hearing where the magistrate can impose fines or costs affiliated with the case.
Um that is how we would be able to enforce that.
But it might just be the cost of doing business, right?
I mean, if if you've got a six-bedroom house that you're renting to 14 people, um you're not charging a hundred dollars, so would it be this is the cost of doing business and they're shrugging their shoulders?
We make our best efforts to communicate with the owners, property managers, authorized representatives to initiate that communication and education that you'd mentioned, but ultimately, you know, we rely on owners to also comply with those rules.
Because I I think that we would appreciate knowing where you're running into obstacles, where possibly people are ignoring the rules or not learning from being cited, so that you know we might be able to implement some other things.
And one of the public comments sort of triggered.
Can when you go back after this meeting, can you consider recommending some process improvements?
You know what your operation is, so you know where you could change the process to be more effective, uh, save some money, uh could recommend charging more for the larger buildings.
So can you at this point can you imagine some process improvements that you might recommend?
So improving our process has actually been a primary goal for us over the last actually more than one year.
We recently transitioned to a new registration software platform on October 1st, which cut our program costs annually by almost 25,000.
Um so now we've implemented that into our program, which has significantly improved the user experience for the citizens and also for our staff.
So it's continuing to be able to streamline our processes, but right now we're still you know kind of at a transitionary period where it's we're still refining that, we're still optimizing the system.
So our ability to be able to monitor and enforce will continue to improve, but it it's gonna, you know, it's just gonna take some time.
Um I got two new staff members last year, um, in addition to the two that we had.
So our team's been growing and learning and really addressing uh the you know complaints, the primary issues are in the zones that are already regulated by chapter 34.5, um, you know, RSF and RMF.
So most of our time is spent making sure people are registered and then going through the code compliance process.
Um how do you handle properties that go in and out of compliance?
If a property has been in out of compliance and we're aware that there's issues at the property, we will keep the case open and monitor it periodically to ensure that the case is closed, or you know, that the property is still in compliance before we close the case.
Um we do take into consideration all of you know all of those factors, and oftentimes they're managed by property management companies, so we have a working relationship with many of the management companies here in town, and uh we contact them and make proactive communication.
Um if I can add something, Mayor.
Sure.
Uh Lucia Panica, director of development services regarding um compliance and specifically the seven days, seven night rule.
It's become a challenge because the way that we monitor is through our software program who um reviews you know the different rental websites.
So someone could change it to seven days, seven night being compliance, and then in a couple weeks be out of compliance again.
Um so that's one of the challenges that we're facing.
You know, we do monitor, Hannah's team does a great job in looking at these, trying to be as proactive as possible.
Um, but we do have that challenge where we can't control that, you know, the the coming in and out of compliance like that.
Um I just wanted to add that as well.
Yeah, so I even wonder whether or not that's something that we should be concerned about in terms of you know, you can be advertising seven days but actually only renting for three, and maybe each time you rent for three nights, that's a violation, and you know, we count each one of those violations as opposed to saying, oh, you learned your lesson, you're now advertising seven nights again, and as soon as we look the other way, then they're going back to three.
So I'm I'm wondering if there's something that we should be doing to support you, you know, to make it more doable on your end.
Um and I I guess the other thing in terms of changing the fee for larger buildings, is that something that the state uh statute would enable us to do?
Was I mean we're limited to what we can do because of the state statute.
Yeah.
And I know when we initially had looked at this program, that was an option that Bob Fournier presented, either the the tiered option or the flat fee.
Um so we went with the flat B option or the city commission did.
Yeah, I don't think the state statute specifically addresses it.
So I think it was initially thought that it it could be an option when Bob Fournier uh wrote the uh original ordinance, but I think as Lucia said, it the city just chose to do a flat B.
So it could be a possibility.
So I'm thinking if we did choose to extend the program to DTN, and we increased the fee for the higher the larger buildings that might help with the financial difference that you pointed out to us.
So and my time is up, so uh Commissioner Alpert.
Okay.
Um when we were talking about doing a tiered fee structure, um, you said you know that would be out complicated.
Um so tell me what the complication, because then you would have to check each registration to see how large they were, or what do you foresee?
I'm sorry, I can you clarify I don't if we went to a tiered structure, you're saying Diane Kennedy compliance manager.
Um you're saying that if we went to a tiered system registration, would it require more efforts on staff heart?
Yes.
I think that we would conduct our traditional review of the property and you know verify bedroom count and square footage.
So whether that you know whether if one of those were the determining factor, then we would take that into consideration.
Okay, because you you had claim you had said it would be complicated to do.
I mean a note.
That's why I was asking what the complication would be.
I don't I don't recall when I said that.
I know I mentioned a bit more complexity with the zoning review in DTN because of the different uses between the two zones and the differences between allowed uses and accessory dwelling units and you know so on and so forth.
So that would introduce a different aspect of complexity that isn't currently in effect in residential zones.
Okay, so can you expand you know expand on that or explain why that's more complex in the DTM?
It really just comes down to a staff time and and verification and um coordination with the zoning department.
Um we have to verify oftentimes if the there's units that are in legal existence, and so that is regulated by by zoning, and so it's really it just comes down to more time and or zoning have to do additional verification for property records.
Um then my next question to you is um for the DTN or anywhere in the city, are you monitoring for the seven days?
Yes.
Okay, so whether they're registered or not, you're monitoring for that, correct?
Yes.
Now if somebody rents for three days, but then they don't rent again until another four days is passed, in other words, they don't rent to anyone sooner than you know the seven-day minimum.
So they're only renting like four times a month, but they may the people coming may only want to pay for three days.
Is that a violation?
Our compliance metric is based on the advertised minimum stay that's in the calendar on the listings.
So that that's how we're able to enforce that.
Okay, so you have no idea how long any individual stays as long as they're advertising for seven days.
That's correct.
Yes.
Okay.
And I think I you know asked this before, but I'm going to ask it again.
So whether they're included in the ordinance or not, all the code enforcement issues are being enforced, correct?
Yes, co-comfor co-compliance enforces general property maintenance, um, parking is enforced by the parking division that that's handled separately, and the noise complaints are handled by the police department, which we did actually um I reviewed all of the noise complaints filed with the police department since 2020, and uh the number of vacation rentals that were impacted by that was uh I mean there was over 9,000, and I think it was 175 total vacation rental calls over the whole five years.
So it accounted for a very small percentage of that, and many of them were repeated activity within the same locations.
Now there was a question about if there is a complaint not knowing who to complain to, if they're you know, is I guess is not a designated person, which the registration then requires, but that's not required without being in the registration program.
Is that that correct?
Yes.
Uh if if someone has a complaint, there they can reach out to our team and then we will investigate it accordingly and then go through the co code process if we can't get communication with the owner.
Okay, and how do you find who the owner is?
The property records?
Um the property appraiser.
Okay, thank you.
Okay, uh Vice Mayor.
Thank you.
Um this whole department is only about five years old, right?
Yeah, and it takes a while to learn how to be the most efficient you can be, whether you're sale boarding or whatever you're doing.
Um I get that.
Um we're still learning some things.
But regarding those units that are coming in and out of compliance, would it be possible to revoke a registration from somebody who keeps doing that?
And then they'd be fined for operating a vacation rental without a license or whatever we call it over that period of time.
Excuse me.
Currently the ordinance does put into place it basically says that the first violation shall there shall be no suspension and then there's a tiered suspension time frame for the certificates based on the vi the adjudicated violations, but it has to make it to that point where it's adjudicated by the magistrate.
And when we're facing these cases where they're coming in and out of compliance, oftentimes we can't get it to that point because when we go back to CHACK, it's compliant, and therefore now we're kind of monitoring our cases, keeping them open, um, but we also have to, you know, of course assume that um when someone comes into compliance that you know we've been able to educate them and the the hope is that they're going to maintain that.
Um is there anything in the current ordinance that allows the city to revoke a registration?
And we would do that say if somebody was in compliance and then not, and then not.
And if we can establish a pattern of that kind of activity, if we could revoke the registration, they wouldn't like that at all.
Yeah, the the ordinance only makes reference to suspending the certificate based on the adjudicated violations and says that the magistrate shall have the authority to suspend the certificate.
Is there a period of time identified?
Yes, it says the first violation no suspension, the second 30 days, the third violation 60 days, fourth, 90, fifth, one year.
So all this discussion is leading me to the conclusion that there are some amendments we could make to the vacation rental ordinance, in addition to including or not including the downtown neighborhood.
Zone.
So I have no more questions, Mayor.
Uh Commissioner Ahern Cotch.
Um I was ready to make a motion.
I've got more questions.
Oh, sorry.
Okay.
Commissioner uh well, actually before I have three minutes left.
Oh, yeah, you do.
Yeah.
Okay.
Um, thanks to uh the Vice Mayor for bringing some of this up.
Um Kelly Brown is one person who gave us examples of problems in Gillespie Park, and it appears that those complaints never made it to your office.
So some of them never made it to your office because she showed us examples that should have resulted in complaints.
So I'm wondering if she or somebody else from Gillespie Park wanted to get together with you and tell you this is why we haven't complained and make some suggestions of how to improve the system, the process, so that you get those complaints.
Uh would you be willing to sit down with the member of the public to help you know get more complaints when they're warranted?
Sure.
I mean we can absolutely sit down and have a discussion, yes.
Okay, great.
And so the the the thing that um the vice mayor pointed out that if we do come up with a request to amend the current ordinance, uh would you also help to figure out um a rec a recommendation, a viable recommendation on suspensions, because obviously the way it's written now is not having any results.
So if you'll you know best, so if you make some suggestions of how uh it would be possible to suspend registration when warranted.
And now I'll turn it over to Commissioner Albert.
From the backup material, it seemed to me that what you were saying is that it's going to be not it's not really cost effective to expand it right now into the DTN district, is that correct?
Based on revenue alone, yes.
And that as you mentioned before, that since this is a relatively new program, you've got uh new employees, you've got a new computer system that you're working out all the details of how to do this enforce it to make it more efficient, correct?
Yes.
So if you had a little more time, then maybe adding another district might not be so cost prohibitive, correct?
I think that having time to refine our process would definitely help to streamline what our team does.
Okay.
All right.
And you know, like I hear all the time that we need to be cognizant of taxpayer dollars too, and the complaints that it seems like the complaints that you're getting if you work with the neighborhood, maybe find out um why they're not complaining that those could be taken care of through code enforcement, correct?
Yes.
Okay.
Thank you.
Um you wanted to make a motion, but Commissioner Batti wanted to question.
Yeah, I just one simple question, and that is because it seems like you all are stretched.
Um simple how many are in your employment of your staff or whatever.
I have four staff.
I mean, is that sufficient in order for this to be um efficient, you know, and effective?
We would need more staff.
We would probably re-requesting, we would assess um what needs based on you know numbers, and then we would be able to come back and say exactly how many we might need.
Um, because I'm just you know just wondering.
Based on that, and based on what you know, Commissioner Albert was saying in terms of you know what you need in terms of time and what uh you know the vice mayor was saying for this, you know, to um give it time to to be to get where it is you want it to be in order for it to be you to be efficient at what it is you're doing.
Um this to have the impact that that we would like it to have, and and and you know, the residents would like it to have as well and whatnot, because you know, you know, looking at the photos from uh Mrs.
Brown, you know, I mean that's kind of insane.
You know, then what what it is we did with the you know the Barrie Islands and trying to tackle that issue when you have you know these neighborhoods with you know pretty much like hotel houses, you know, five rooms or whatever that can house you know 16 then the 20 people uh scooters sitting in, you know in front of the the the I mean that's that's dangerous, you know, it can be.
So that's one of my main questions or what have you is just that how stretched you are um in way of staff um and how efficient this can be, you know, with the lag you know of it or what have you.
So thank you.
Thank you, Mayor.
Okay.
Thank you.
Commissioner Al uh Ahern Koch.
Yes, I am ready to make a motion.
Do we need to close the hearing or no?
This was it was okay.
I'm ready to make a motion, and actually it's a two-part motion.
Um the first has to do with what's before us, and the second one has to do with some suggestions and ideas that we heard today during this meeting.
So my first motion is to uh I move to expand the vacation rental um program to include DTN zone districts.
I'll second.
Okay.
Uh motion by Commissioner A.
Haring Koch, seconded by the Vice Mayor to expand the vacation rentals to DTN.
I would like to speak to it quickly.
Please do.
Um this is not about code enforcement.
This is about preventing the expansion of hotel houses.
And that's what our ordinance does.
We've heard since 2020 how devastating they are on community, on property values, on compatibility, on quality of life for our neighborhoods, for our residents, for the people who live here and make up our city.
Um so the hotel house ordinance prevents the expansion of that.
That's that's what it does.
Uh it's destructiveness, I should say, and not the actual expansion.
It discourages the expansion of it, and it has.
Is to keep our city livable.
Um the way we protected the islands, the way we protected other single-family and multifamily.
That's the intent of this.
And so I urge you to um vote for this motion.
Second, I'll speak to it also.
Um Commissioner A.
Hern Koch mentioned that this started as uh a hotel house, a way to control the hotel houses.
Remember how people on the barrier islands were so irate that their neighborhoods were being taken over by they didn't know whom.
And so this was the result of getting some control over that.
The downtown neighborhood, people who live in the downtown neighborhoods thought they were being included when we expanded the ordinance.
And lo and behold, they're not.
And so they have as much a right to being protected for the peaceful enjoyment of living in their homes as other people in our city do.
If we have to adjust the costs somehow, we will, but we have to protect all neighborhoods.
I urge you to vote for this motion.
Okay.
Uh Commissioner Albert.
All right.
Here's here's why I'm struggling with doing this.
Because, yes, when we expanded it, I assumed it was going citywide, so which would have included Gillespie Park and Park East.
Um didn't occur to me that it didn't.
But based on the data the staff gave us right now, it really isn't a huge issue.
The issue is code enforcement and the seven days, which is being enforced citywide.
So that's the health safety and welfare is being taken care of by code enforcement because whether they registered or they didn't, and I don't know that you have data that it prevents additional um rentals, short-term rentals by the registration.
Do you have that data?
Or is that asking me?
Yeah.
Um, is that anecdotal?
No, I believe we do have some data, but the idea is that this is to prevent, try to discourage the expansion of hotel houses, and that's the biggest piece of the puzzle.
But that that may be the case if it does discourage it.
I don't know that that's true.
You know, you're just saying that's true.
I'm not sure it is.
But also we have staff that's telling us they're gonna have to hire more people.
This is gonna cost way more than the amount of regulation that needs to take place in those neighborhoods.
And you know, I know this commission is always talking about saving taxpayer dollars and we're we're throwing taxpayer dollars at a problem, but maybe is not um such a problem yet that it needs to be taken care of.
And so that's what I'm struggling with is that we're just expanding it to be expanding it and not that there is a reason that it should go into these neighborhoods and that maybe we need to give the staff time to learn how to make it more efficient, be able to, you know, s sort of because this is all been thrown on them in the last year.
You know, we've added this and then added this and then added this, and so they're struggling with how to how to take all this in, maybe give them the time to do that, get it more efficient, and then it won't cost extra to then add in other neighborhoods.
So that's that's what I'm struggling with.
I understand uh Gillespie Park and Park East wanting to be part of it because they want their property values protected, they want to make sure code enforcement, but code enforcement would be operating there anyway.
Um, we're just talking about adding registration.
So they're you know, they're they're getting all the other benefits.
Commissioner registration for a time when maybe there isn't um you know, maybe it isn't expanding that all that much any more than it would if they had to register.
I don't think it would stop me from opening a hotel house if I had to register or not.
Yes, okay.
Commissioner Bachy.
No, um uh thank you, Mayor.
I mean, it is uh somewhat of a conundrum, if you will, because I can ask this, and I should have maybe asked that, and that was what it is we did on the Barrier Islands, has it has it discouraged hotel houses as it has it worked, you know.
Um do you do do you know that Ms.
I mean uh commissioner?
Um I'm made aware that some the of the properties that were hotel houses have turned back into long-term rentals.
Well they they've gone back to some of them have, yes.
Um and also and since we went citywide, the same phenomenon has happened just because um it's more cumbersome uh uh on the property owner uh to do the vacation rental, and it's much easier just to do a long-term rental.
Um so I'm aware of some of that happening.
Yeah, because you know uh um and then also having somebody to call when they've registered, there's somebody to contact 24-7, whereas without the hotel house ordinance, you don't know who to contact.
It's a mystery, it's an LLC.
Yeah, because you know and and you know, the point was made earlier um I think a few times that but when it went citywide that you know Gillespie and all neighborhoods were included, you know, uh automatically.
But um I guess that kind of is kind of a akin to me with uh what what we did with Newtown and put in it in the historic district.
And the reason why I say that is because it it was uh a way to safeguard new town from gentrification or whatever.
You know, you would be discouraged to come in and and want to uh buy property if you had to go through all of these different hurdles in order to you know do any type of brick and mortar and so on and so forth.
So now you don't really you know see see that, you know.
Um hence what it is we're working on right now.
Same sort of situation with this in way of putting something in place and trying to hit it off at the past before it does, you know uh become an issue and like almost like being proactive about it.
But yet at the same time it's it's not there yet.
But you know, the you you have to kind of uh I guess do your best, or you can't really prepare for the you know, or plan for the uh unknown, but try and uh what is it um prepare for the unexpected, you know.
And I think that's where where we are, but yet at the same time you have people in Gillespie that are asking for you know it to be expanded into your lesbian and then I know some people that are asking for it not, you know, or whatever depends on who you ask.
Um, but the last thing that I would want to have happen is uh this proliferation or setting the stage for it with these you know hotel houses.
I mean, I have property right across the street from me.
I mean, I I live right next door to an Airbnb.
And you know so far, my I mean this has been great.
I mean, in terms of my who uh rents it out for seven days from my neighbor.
Um, they've all been been great, um, been quiet, a lot of you know, families or whatever, no no issues, no problems whatsoever.
But yet at the same time, they're too one property across the street from me that that you know I had to stop the construction over there or whatever, because they were doing things that they they shouldn't have been doing.
Who knows what they what they probably would have done, you know, trying to build something there or a hotel house or whatever, and I know that they're an investor.
And then a lot across the street from me, again, I don't know what they're gonna build there.
They could build a hotel house there, and that could be like right in my neighborhood, and I can be you know upset just like anybody else if that comes into my neighborhood.
So, you know, I would want to head that off at the past, you know, um if I could.
So it's kind of a cash twenty-two, you know, matter uh to be honest.
But I I do think that we need to do what we can to you know protect the residents, protect the neighborhoods.
This this is this goes to what I was asking earlier to the uh city attorney regarding, you know, was it Harris?
Yeah, Harris Act and whatnot, because that was going on out on the Barry Islands.
You know, you have a hotel house, you know, that moves in next door to you or whatever, and your your property values, you know, kind of stay stagnant or and don't move or go down because who wants to move next to a hotel house?
And then the only person that can actually buy it is somebody, uh the investor that wants to build another hotel house.
You know, so it's it's kind of there for me or whatever.
But um we again we do want to protect our city, protect our residents and and protect um you know our neighborhoods from uh from that um and ensure that there's this health and safety and quality of life, you know, at the same time.
Um but again, trying to fix a problem that, you know, or solve a problem that that's that's not quite there, then at the same time with our with our staff, you know, being stretched because they need more staff in order to do what they need to do and for this program to be and run as efficiently as we would like it to, and and um basically have the impact that we intended to.
So I know I'm a little long-winded, but I'm passionate about this now.
But thank you, Mayor.
Yeah.
Um I actually have a problem with this motion, and I had anticipated it might have been a two-part I have a second motion.
Well, my problem is that the second motion, in my opinion, should have come first, and I cannot support this motion without the other motion.
Uh while I am extremely supportive of expanding uh registration of uh vacation rental to DTN, um doing it on the backs of taxpayers, while it's actually enabling uh property owners who are running vacation rentals to make a lot of money, we should be charging them more to finance our um enforcement mechanism rather than asking the taxpayers of the city to spend their money while somebody else is making a lot of money renting.
So if you should I amend my motion and make one motion.
I would love to I'd love to if you amended your motion.
So then my motion is move to expand vacation rental program into the downtown neighborhood zone districts, and to ask staff to look into potential improvements in the pro.
Sorry, can't do it?
No.
No.
No, you can amend your motion.
I think that's a second.
You can do a motion for can't she do a motion to change the fees?
And suppose the ad the two.
No, no, not together.
Do a motion first just to do the fee tiering.
And then expand.
Yes, I was gonna say, can we do a special thing?
So I will withdraw the motion and start over.
That's what I thought I was reading.
Okay.
I accept that.
All right.
Then I move to expand the vacation rental program to include DTN zone districts, and ask staff to look into potential improvements in the program, including a number one, a tiered fee program, number two, process improvements, number three, potential revoking registration options.
Number four, any other improvements or upgrades to our our um ordinance which will improve the program's um functioning.
I'll second.
Do we need to repeat that?
Okay, motion by Commissioner Aaron Kotch and seconded by the vice mayor.
Um do we have more discussion?
Just my my hope with that second piece of it is that we get to that piece where it's not revenue generating, but we're actually you know breaking even or close there too.
Um I understand the staff constraints of the entire department, including code enforcement.
It's it is something we could be talking about.
Um but I hope we can get there with some some tweaks and also continue to um discourage the expansion of hotel houses, and even if they do, we have a registry where we can call people 24-7 to come out and be there to take care of the issue.
Seconder, do you want to say anything more?
Um to reiterate what Commissioner Ahern Koch said, finding that break-even point, and I think we've captured uh all the concerns that we've had, including um discussion and of including uh Gillespie Park and the other uh downtown neighborhood neighborhood.
Okay.
Um I'm gonna I'm gonna say um I'm gonna support the motion because I had thought too that we had expanded it citywide, so I hadn't realized that this was not included, but with the caveats that you know it still concerns me that um it's it's not necessarily cost effective, maybe we can make it so at some point.
So I think um I feel a little better with the tweaks to the motion where the fees um can be looked at and that um we look at what then efficiencies, which I think they were gonna do anyway, because I think that's what they're doing to trying to work this out.
Commissioner Batti, did you want to add anything?
Oh no, I was just gonna repeat everything that is going to support the motion with all the the amendments and so on.
And I think the revised motion probably um supports something that Commissioner Alpert had said a little earlier that in developing the uh figuring out what additional needs to be changed, gives the staff some time to look at it, work out their changes, because we're not expecting staff to come back in a month with you know it ready to go.
Uh you know, take your time, get it right.
Uh so I will be supporting the revised motion also.
So please vote.
And it passes unanimously.
Thank you very much.
Uh and thank you to the public for coming in and uh giving us the information that we needed to move forward in this way, and thank you to staff.
Really appreciate your efforts.
And um it is Apple time says it's 3 07.
Uh, let's take a break until three twenty-five.
If you'll take your seats, we can resume the meeting.
So we are now at agenda item nine point four, unfinished business, and uh regarding the Sarasota Performing Arts Center concept design.
And I will call upon CEOs, Sarasota Performing Arts Foundation, Tanya Castro Verde Moscalenko, Principal, I Turum Consultant Group, Adam Gelter, CEO of the Bay Park Conservancy, A.
G.
Lafley, Principal Jerry Sparkman, a Sweet Sparkman Architecture, and the Director of Governmental Affairs, Jorgensen to make the presentation.
Just to give a little bit of an introduction to our presentation today.
So the Performing Arts Center Foundation did meet the requirement in our partnership agreement of presenting an implementation agreement and a concept design at that time.
There were various questions and some feedback from the city commissioners and also the public at that time.
And so it was requested that the concept design be taken back and worked on to bring forward in front of the city commission at a later time to address some of the questions and concerns that were presented to us at that March 17th meeting.
So since that meeting, the city and the foundation have been working with Renzo Piano, the architect to work on those changes to the concept design.
During that time, we also brought in Mr.
Laffley to help us to integrate the Performing Arts Center changes into the park since the performing arts center would sit within the 53 acres of the Bay Park.
And since Mr.
Lofley has been working so hard on the resiliency of the park, making sure that any concepts that we bring forward for the Performing Arts Center works within the concepts of the park as well.
So we have been working with Mr.
Lafley and his team during this time.
And today we are here to present the concept design with some of those updates.
And I will turn it over to Tanya and her team to walk through the presentation.
Thank you, Jennifer.
Good afternoon, Mayor, Vice Mayor, Commissioners.
I'm Tanya Castro Verdi Moscow.
I want to echo our appreciation to return with a revised concept design for the new Performing Arts Center.
Concept Design 2.0 is a direct response to your feedback and the feedback from the community.
Our intent has been to deliver a concept that is financially sound and unified, one that meets our community needs, honors the Bay Park master plan, reduces costs without sacrificing quality, and demonstrates a fiscally sound framework.
It also strengthens coastal and building resiliency.
At its heart, the new performing arts center is about community and breaking down barriers to arts access, culture, education, and shared experiences to ensure all of our residents have access to the arts.
Concept 2.0 preserves Sarasota's cultural legacy through a world-class main theater, a flexible multi-purpose theater space, dedicated learning spaces, and welcoming public areas.
Just as importantly, this performing arts center must function as part of a unified cultural campus and work in harmony with the Bay Park.
And to speak more specifically about how this concept aligns with and strengthens the Bay Park vision, I'll turn it over to Adam Gelter.
Mayor and Commissioners, I'm Adam Gelter.
I have the privilege of working with both the team at the Bay Park on the implementation of the park and now with the team from the Performing Arts Center on trying to bring that into the park as well.
And so we want to just hit a few of the highlights of things that came up as issues the last time we were here and how we're addressing them and how we think we've sort of solved those issues.
AG, are you there?
That's my cue.
Yep.
Okay.
Yeah, first and most importantly, um, we have a site for a design concept that could and should work in the master plan that the city commission has approved for the entire site.
That's important because as um Jennifer Jorgensen mentioned earlier, um, we're trying to put together a lot of different pieces of a Rubik's Cube here.
I'll mention a few, which I think the commissioners will be aware of first and foremost.
Um we've been working on coastal resiliency.
That became a bigger issue post-three hurricanes in nine or ten weeks.
Um the city is about to bring a contract to you in the next couple of weeks, and we hope to begin uh building out a more resilient shoreline all along the west side of the site from the existing uh Van Weasel performing arts hall all the way to the north edge of the site.
This is critically important for storm management and flood management.
The second piece that we've been working on in the county and in the city is of course stormwater management, another big issue that was underlined and heightened as a result of the hurricanes.
Um we've worked hard to date to ensure that every piece of park we've built so far treats all of the stormwater, whether it falls from the sky or runs off from the east into Sarasota Bay and ensures the water quality that goes back into the bay is of the highest level we can deliver with current best practices.
And then beyond that, of course, um we're trying to restore a green and blue oasis, uh a natural environment, replace uh as much gray space as we possibly can with green space.
And so the long and the short of it is um the team is going to take you through a design concept that's well located and well positioned to integrate with those critical components of the master plan that you've approved that their partners on the Bay Park Conservancy side are designing and planning against at the same time.
Thanks, A.G.
So not only is it integrated with the park, there's some other details that came up that we just want to highlight before uh Jerry works walks us through the actual design and and how it fits into the park.
So one is this came up before that you know, loading is a necessary evil, we need to have it.
And so what we've done is located a zone that is the least public-facing it can be, and also serves not only the performance arts, but that same loading zone can serve the Bay Parks restaurants and their needs uh for the park itself.
So we consolidated that into one space.
Uh again, Jerry's gonna explain to the this to you a little better, but and A.
G alluded to this, but the main goal of the park was to raise elevation for resiliency, not just for the park, but for the city itself, and to provide room for stormwater treatment.
Uh what this plan does is fits the performing arts center into that resiliency plan.
Not only does it uh provide the resiliency for the performing arts center, it builds it into the park and makes it the most efficient way that we can handle this.
It also stays under the view corridor easement, which is a key component that we're working against, and the design team has done a great job of starting from that elevation down and figuring out how to fit everything underneath that easement.
Uh and the last piece around coordinating with the park is coordinated parking.
And so uh the parking was not fully figured out in the original master plan, and so it's still uh work in progress, but we know the city's targeting to replace the 750 surface spaces that are there now with a much greener and more efficient uh parking solution, as you see on the drawing that's up on the screen.
Uh we're looking at a series of alternative uh designs that get those 750 spaces immediately south of the back in the in the center of the park to do so efficiently, uh, and that'll happen in conjunction with the city at a later date.
Uh and then the last uh main benefit here is that same resiliency is allowing us, and again, Jerry's gonna explain this a little better than I can, but allowing the public to enter the theater at what they perceive as ground level, even though it'll be elevated in the air.
So that folks are walking directly from wherever they the city, the park, the parking, and they're walking at one level straight into the theater.
That'll really gonna help us site circulation throughout.
Um, this project is also about creating a performing arts center that serves the entire community, artists and performers, audience members and patrons, and community members and students.
Concept 2.0 uh preserves the essential components of the initial RFP that was issued in 2023.
A 2200 seat main theater, a 300-seat multi-purpose space, a robust and efficient backstage area, and welcoming indoor and outdoor uh lobby.
Also a dedicated learning lab and studio space.
And this combination creates a facility that can deliver world-class experiences and performances and also support education and local arts organizations and community use.
Uh, to bring this home visually and functionally, I'm going to turn it over to Jerry Sparkman to speak on the design and what it'll ultimately deliver for Sarasota.
Thank you, Tonya.
Is it working?
Yeah.
Um Good afternoon.
Thanks for having us.
Um to reiterate what A.G.
just said.
Yeah, to say it's a Rubik's Cube would be, I think, an understatement.
It's it's an enjoyable Ruby's Cube, and Adam mentioned it's a privilege to work on this project.
We were the architects working both for the Bay Park and the PAC to make the whole thing come out well for the city, and that's a uh it's a labor of love.
So to talk about the concept 2.0, I'll reflect on it for a few for a few moments and we'll talk about some of the details of the plan.
Concept 2.0 from an architectural point of view, it has a certain lightness and openness that I believe is reflective of our local culture.
That's a positive.
It's it's serious architecture, but it's light on the land.
It's not trying to be imposing on the park, it's trying to settle in nicely.
It's integral to the park.
It has to resolve many functional needs that we're going to talk about in a moment to strike a balance between what the park guest experience, what the patrons experience with the city as the whole receives.
And most importantly, and especially in light of the storms, it demands a certain resilience that I believe you all have demanded of us, and rightly so.
It's to make sure that as a community, when we get hit with another set of storms, we can bounce back.
You know, phase one of the Bay Park exhibited, just that idea, if you think about it.
Not long, maybe a few days after the storm came through.
There was a cleanup, and the park opened, the only city park, because it was thinking about resiliency ahead of a storm.
Well, those elevations are what we're working on for this concept, okay?
So it's kind of a predicate predecessor.
Lastly, I believe this design is creative in many ways, and it's right sized for Sarasota.
People talk about how great Sarasota is.
I think that's something to do with its size and its vibe, its cultural identity.
So it captures the spirit of the place.
Okay.
So that being a high bar goal, let's talk about some of the functional things that deliver that.
Okay.
Um I'm going to point to the model for a second.
Can we use the elmo just to see if it's working?
Oh, you got a corner of it.
All right.
Okay, so for orientation, 41.
And I'm on the north side of 41.
New municipal auditorium, then Wasal, the shoreline, proposed location, as you asked us to move it south of the canal, which is here canals here, the boaters are here.
So we've moved it south.
And if you can tell, these these lines here represent an idea of resiliency, using the earth, dirt, effectively, to mound up to bring up the level of where we build.
And that's going to happen, I think, all over this region.
It's happening north of us and south of us.
And this is a kind of a model of I think how you achieve resiliency in the most cost-effective manner.
So building up, it's doing it right here, and you can see it.
Phase one did the same thing.
If we reference water as zero, always elevation zero.
When we talk about numbers, we go up from water level.
Water is zero.
And phase one, where the concession stand is, is elevation twelve.
That's the same elevation as municipal auditorium, which happens to be on a hump.
So when we think about the stage, we have set it above FEMA.
And we work up from there, but we're capped with the maximum height of 99 feet above water level.
And as Adam said very well, we worked within there.
So we brought the land up, we capped the height.
That is an essence how the design evolved for resiliency.
Okay?
Now we're going to walk through some plans to show you how it functions.
Okay.
So as I mentioned, we've mound up.
This level here is elevation 22.
It's the lobby level.
Call it the front door right here of the new facility.
And what I really love how the the uh architects at Rinzville Piano have developed this concept, as they've learned about the park.
Park guests should be allowed to go anywhere and everywhere.
It's a park for everyone, and this design expands on that notion.
This line here is is what we call kind of the pedestrian street.
It's a line where anyone from the city can come from the resilient shoreline, walk through, up the mound, back down to 41.
You could park here, you could go to a show, you could go to the restaurant, you can go to the canal.
It doesn't impede movement.
It's trying to be always open and accessible while still providing enclosed space for theater goers.
When we talk about resiliency, then we go back down to the level of how the trucks service the building.
Okay, so now we're back down at the street level of the Van Wazel.
Um this is 41.
There's the roundabout, that's elevation approximately 10.
If you come to a the new pack, you'd come down Van Wesleway, either from the north or the south.
You can park, you can go up elevators or steps and walk across.
You can walk in on the left side and go up.
And all of that is within about a 200 foot distance compared to right now, the Van Wazel.
Sometimes when you park in the south, the north end, excuse me, you're upwards of 800 feet away, not covered.
Every connection to this facility is undercover and within a very reasonable distance.
So we're reducing the time it takes to move throughout the facility.
The gray box here represents the back of the house around the theater, and that is a different resilient component, which is below grade and detailed in such a way to resist flooding.
So when we build all the way up, we get back to the elevation at the front door, which is elevation 22.
That's 10 feet higher than the municipal auditorium.
That's the front door level.
And as we make her up to make our way up to the next level where we connect via the lobby over to the members' lounge or the flex theater, you're in an enclosed space, walking between these lobby spaces using elevators and stairs for all accessible means, as well as connecting under Sky Bridge as you make your way east and west.
That's a kind of a brief overview of the flow of the space.
Yeah, go ahead.
Okay.
So just to kind of re- reiterate those height issues.
This is a cross section.
As you recall, we all stand on our hands, it would seem perfectly.
The top level is the 99 feet.
That's the level we're not allowed to go above.
And the level over on the stage is three feet above the FEMA level.
The trucks pull in at elevation nine.
And everything is building up.
So what's important to notice is guests can come from 41 or parking along the east side and take a very gentle walk up.
Much like when you walk on phase one from the beach side to the covered pavilion.
Very similar sort of grade as you make your way up.
Or you can park below, take stairs and elevators up and walk straight over to the front door.
Okay, that's a very brief overview of the flow dealing with resiliency and connectivity and openness to other park guests.
Tonya.
If we can go back to the presentation.
This lodge is representing the this continues to be a work in progress.
So we've now feel very comfortable that we've located the right site for the building and the right components of the building.
And we continue then to evolve on how does this really merge together in what these two drawings represent, not to get too much into the details, is the Bay Park design team and the SPAF design team starting to merge their ideas around how does this building fit within the park structure.
And that'll be a continuous evolution as we move, hopefully beyond this concept design into the further stages of design.
Thank you, Adam.
So I'm going to walk you through some of the renderings and refer to a lot of what Jerry has already shared, but with pretty pictures now.
So you will see some of these renderings.
This is if you think you're walking up from 41, you're walking toward the bay, and it's a very gentle slope at about 5%.
It'll be an easy walk for residents and also for anyone who has uh mobility issues.
It's easy to push a wheelchair up that area.
And you will see the buildings just sort of come out of the ground.
So it's really integrated into the park.
On the left-hand side of this rendering, it's a large 2200 seat theater.
And on the right hand side, the blue building is the members lounge slash community space.
And further further out, it looks a sometimes it looks pink, sometimes it looks purple, is the multi-purpose uh space.
And um, these are the areas that are integrated into the park.
It makes it feel uh continuation of the park.
What you're looking at now is the lobby space of the multi-purpose uh theater, the 300-seat theater.
So you are looking west.
This is the ground floor.
And um it is an open space for the community, the multi-purpose space will help uh support local arts organizations, smaller organizations that need a smaller space to perform or to create new work.
And it is also designed to support education programs.
So if we move to the second floor of this flex theater, it is the actual performance space.
Um again, you are looking west.
Uh so this you are you're going to be on the second and third floor of this because it's a 24 uh feet height uh space for performances, education programs, community gatherings, and intimate performances.
And if we go up one more level, then we are at the rooftop terrace.
Again, looking west, and this will allow the community to come up here and um enjoy the beautiful sunsets that we have in Sarasota and spend time there.
Uh you don't have to have a ticket to come up here and enjoy the beautiful views.
The next two renderings, you are looking east.
So imagine you're on your boat and you are looking east.
And what is really important about this space is that the building itself is intentionally restrained, reinforcing the building's relationship to the park.
So it does it's not in your face.
It is a building that it comes out from the park.
It does not compete with the park or with a waterfront.
It complements it and strengthens it.
Now these north elevations are uh imagine you are at the boat ramp and uh you are looking south across the 10th Street Canal.
Um this image shows all of the buildings together, and this um image doesn't have any color, but if uh Adam, if you can go to the next slide.
So this is the same image but with color, and this uh gives you a sense of the separate uh masses of buildings.
The color helps you define the different uh buildings.
Um we talk about materials and finishes, we're referring to referring to the type of elements that are used both outside and inside these buildings, such as stone, glass, wood, the color itself, and other visible surfaces that give the building its look and feel.
And by carefully selecting these elements, we ensure the facility not only looks cohesive with the park, but also the test of time and remains inviting for everyone.
Jerry, can I put that up on the overhead, please?
Can we have the elmo, please?
The OCD.
So commissioners.
Thanks, Mom.
The way this starts from the city's financial standpoint, and then um uh Tanya will pick it up from the foundation standpoint, is we began by asking our financial advisor how much debt capacity is in the TIF?
Because it was my understanding and my guidance to the team, we need to work within the money we have and not that is a TIFF and a small amount that you'll see here in a minute, uh which is already programmed, and not look to other uh outside of the TIFF funding sources.
So we began by asking that question.
What does the TIFF generate?
And then we asked our financial advisor, because they're gonna be the end of bond council, they're gonna be the ones who, if you move forward with this project and issue debt, will be sitting there at the dais recommending how much debt they think you can carry uh with this project.
So then we asked what could we produce from the TIFF?
And you can see that generally they think it'll generate in the life of the TIFF about 273 uh.8 million dollars.
They would, at this preliminary stage, recommend holding our total debt service at about 10 million less than that because you need a you need a buffer, it needs to be a conservative estimate, no one knows what the future will bring.
Uh cost of issuance will be roughly a million dollars.
So, how much does the all of the remaining park and performing arts center have of city funds?
So it has about 150 million total from the bond issue.
So that you can think of that's what's in the checkbook to pay for the park and the performing arts center by the city.
Now there's a little bit more programmed into your penny tax, about six million dollars, and you'll Jennifer will show you that in a minute.
Um we estimated if we um issued the debt in 2028, be it 22-year debt.
Now that may change.
And the uh pledge that backs it up would be the TIFF revenue, but also a covenant to budget and appropriate legally available non-advilorum revenue.
What does that mean?
That means you can pay it with anything but uh advalorum taxes.
So uh they're they're putting a claim on all of your non-adverum taxes.
That's uh all kinds of revenues that you get, everything from franchise fees and various uh sales taxes.
Um Kelly could give you a longer list.
You've seen them all in your budget.
Um that would be your pledge, which is why we're putting so much emphasis on a conservative projection so that in real life the TIFF is highly likely to pay all of your debt.
Jennifer, you you have the next one.
Thank you, Dave.
Um the next one shows as as Mr.
Bullock stated, the 150 million dollars, which is the debt capacity.
Um we also added the six million dollars from the penny tax, which gives a total funding capacity of 156 million dollars from the city's funding.
Now, on top of the performing art center, we also do need to pay for some of the park funds out of that total.
We still have uh phase three and phase four of the park that we have to complete.
We have parking that we have to take into consideration.
Um Adam did speak to the parking garages that we're looking at putting next to the performing art center that would come out of this fund.
The pedestrian crossing that we have talked about, a pedestrian bridge that would go over U.S.
41 to connect um the east side of 41 to the Bay Park, and also some site preparation.
So all of that for the city's portion of it would be $68 million.
As of today, we are anticipating that the county would take part in their share of those costs because they are part of the Bay Park, the parking and the pedestrian, all um adding to the Bay Park project as well, which then leaves, if you take the $68 million that is left to do park costs and updates, that would leave the $88 million to put into the performing arts center from this bond capacity.
So it's worth one more mention of something you all already know.
It's the lens that we're looking at our future revenue through.
Uh and I think there's two significant elements to keep in mind as we move through this process.
Uh one is the county's role.
You're all aware of that.
They have indicated uh when AG last uh took them the next phase of the park that they were in for the park, not for the performing arts center.
So we don't have any of their funding in the performing arts center.
But the other one, and perhaps more threatening, because we have no way of knowing what's going to happen, is whatever the state of Florida does or doesn't do with its property taxes.
So given those unknowns, um, no commitments being asked today, but we'll we'll talk here in a minute about uh how this thing moves forward.
Thank you, Dave.
And I just want to underscore what um Mr.
Boloch has mentioned that we're not here today to ask for a vote.
We're here today to ask for uh a con somebody said a wink, but a consensus, a directional consensus that we are in the right direction, that we have uh listened to you and to the community, and we have addressed um your concerns, I hope.
And so that's what we're looking for to ensure that we're in the right uh we're headed in the right direction and that we can return to the City Commission uh with legal documents in several weeks.
Okay.
And I think there's just one more slide, Tonya, if you want to go over the project budget so it shows not only the 88 million we just talked through for the city.
Yes.
So um as Jennifer said, um I wanted to mention that the Sarasota Performing Arts Foundation as a 501 C3 nonprofit organization has committed to racing between 172 and 207 million dollars.
Uh this is not different than when we were before you a year ago.
Uh that project, if you will remember, was at 407 million dollars.
And at that time we had committed to 50 percent of that.
So um our number hasn't changed.
And uh the foundation has committed to raising this money from philanthropic sources.
And and I want to also mention that we have this concept plan with the detailed narratives for the structural MEP and all the pieces that we need, and uh two third-party fully independent estimators uh separately estimated this right at the budget we needed to hit here to hit uh have the available revenue sources match the uses that we need to build this uh as it's currently contemplated.
So obviously we're at the very beginning stages of a more to do to continue to stay on that budget right now.
We feel like this is very doable for the amount of money that's on the table.
So uh commissioners, with all the work that the foundation has done, all the work that uh Jerry and uh and the uh Renzo Piano team have done, and mostly the work that Jennifer's done because you know I dumped it all on her and am going to continue to do that, by the way.
Uh anyway, uh I think we have a a doable project as long as none of those significant barriers present themselves as we move forward.
So, really what we're asking you today is to simply receive the concept plan, the conceptual budget, uh, the general uh images and designs that are laid out here today.
We as your staff, led by Jennifer, we'll spend the next several weeks, perhaps months.
Because we don't no one wants to get ahead of where the legislature ends up.
Um and we'll do our own reasonableness check on the cost, the design, and we'll also begin to get some um input on the operating costs that this kind of facility would do.
And I know the Foundation is has done and is doing similar work.
So I think that once we get a clear picture of our financial situation, we'll be ready by then to um bring back uh the appropriate agreements uh with the Foundation uh to let you decide on where we want to go.
We can have another look at the financing.
But as it stands today, uh I I will tell you in the last sixty days uh I've come to understand this is a doable project if the city wants to move forward with it.
It does not unreasonably burden your uh budget by consuming uh general fund money, and it stays within the parameters of the tax increment financing, provided uh you know all the things that we already talked about fall into line.
Thank you for your presentation.
We're going to have questions for you, but we have uh half dozen people who have requested to speak.
Okay.
Requested to speak are Martin Hyde, Steve Geisenberger, David Lowe, Peter Blanton, and Melissa Furman.
So just wait here.
You get to be in the middle this time, haven't I?
I I I thought I named uh coming down.
Sarah Soda, they move slowly.
So Steve Steve.
Geisenberg is not here.
There he is.
There he is.
Okay.
I didn't change my comments as well.
And Martin Hyde is up first.
Indeed.
And uh you know, forgive me today for taking so much of your time, but you know, you guys pack this agenda.
Uh I um I guess trying to clear the decks for uh for a new city manager.
I did just want to say, I think it's a wonderful thing that uh you've hired a woman.
It was one of my suggestions.
You rarely listen to me.
I don't know if you did anyway.
But I think it's a good thing.
You go four women on the commission, and I'm like I'm hopeful that you find a better accord going forward as far as that's concerned.
As far as this is concerned, slight drummable, I'm not against this proposal.
It's a lot better than what we've seen before.
It's a lot more doable uh to quote the uh soon to be not interim city manager.
Um I said there's a couple of phrases that you know I take question to.
Um the park might well be for everyone.
But it uh 200 plus for the big shows, 200 plus for the big shows, the uh the performing arts hall really isn't for uh for everybody.
Uh and to Mr.
Bullock's comment and it was really the only thing I wanted to say, and I didn't come in a brain on anybody's parade, but um the debt capacity for the TIFF.
Um quote him, nobody knows what the future will bring, but we do know what the future is gonna bring in November.
There is, it's on your agenda later today.
Um a possibility um that everything changes.
I wrote an editorial on the Herald Tribune saying that I don't necessarily think that changing the way that local government is financed is a good thing.
But the reality is that uh the thing that separates animals from humans is that uh humans will take money every time.
And so you shouldn't be surprised if 60 percent of people vote for that.
And uh and if sixty percent of people do vote for that I'm gonna say it's over, but it changes everything.
Twenty percent down on on everything, the TIFF necessarily.
Um you might be able to borrow 150 million as it stands right now, but you won't be able to if the TIFF you know in board terms.
And no one's done, I don't think the analysis of how many of the people in the TIFF are on homestead.
I think that would be a good number for you guys to have in hand.
Huh?
41%.
Well, there you go.
It's a big number then.
I knew you'd have it.
Um, you know, on that basis alone, um, receiving the report, looking at it.
I I I thought it would look much better.
Car park's not half a mile from everything, um, notwithstanding um the uh the purple cow and everything else.
I I I do think that there's something to talk about.
I just can't imagine how there's anything to talk about until or unless we get past November and and see where we actually are.
That's that's I guess the bottom line.
Thank you.
Thank you.
Uh Steve Geisenberger.
Yes.
I'm Steve Geisenberger, a CPA and resident of the Broadway Promenade.
First, I want to thank Kelly Strickland, each commissioner, and the staff leadership for helping me come to understand the financial issues related to the SPAC.
Second, I want to tell you my current thoughts as to where I see the project today as compared to what we saw when Mike Hassett and I first started comparing the projected TIFF revenue against the projected bond debt service needed to finance the SPAC in the Bay Park.
With the county saying no to SPAC cost sharing, SPAC one was not feasible.
The staff in the city deserve credit for the effort put forth over the last year to really dig into the numbers.
We now have reliable estimates of projected TIFF revenue collections based on existing properties, construction and progress and progress, projects in various stages of development.
Based on that information, the current interest rate environment, PFM financial advisors prepared a model last fall, which we believe largely confirms the model we prepared and presented to you individually last spring.
The consensus you heard today is that the city TIF district can repay debt of roughly 100 million additional dollars for the SPAC.
The city half of additional debt related to the Bay Park phases three and four, and any additional infrastructure the city thinks should be paid from TIFF funds.
As we heard today, the SPAF has redesigned the SPAC to reduce cost by 100 million, agreed to raise 200 million, which reduces the city's exposure to 100 million, which includes 10 million in site work.
It's clear to me that the SPAF has done what they were asked to do, and as you know, I was very skeptical.
That does not mean all the questions are answered, because in my view the TIFF revenues only support about another $50 million in borrowing.
I think that leaves two key financial questions even after looking at the slide which was presented today.
What additional city borrowing is required for Bay Park phases three and four?
Is the county in for all of that?
And third, does that borrowing include building the garage under the park, which replaces the number of spaces currently at the Van Wesel?
If not, does the city still need to build a garage under the park alone?
And if so, what is the estimated cost?
I think the public and the commissioners need to know ballpark estimates sooner rather than later.
If the parking under park is included, then I think that goes a long way to making the numbers work.
If not, then I think there are a few follow-up questions.
My hope is that the city has some answers related to my two questions.
I think it's three now.
If the answers are satisfactory, then I think it is time to move forward with an approval to the next phase of SPAC development beyond the conceptual drawings.
As you heard today, there are certainly additional political, financial, and operational questions which will impact the SPAC and the community, not the least of which is the Van Wesel.
But in my view, those can be discussed discussed as the next phase moves forward.
Thank you.
David Lowe?
Yes, uh good afternoon.
David Lowe speaking as a resident.
A well-known voice on local social media recently said, not as a compliment, David Lowe has taken the promotion of this project on as a personal mission.
Yes.
I did it on I have it on a personal message.
And have spreadsheets and guest editorials to prove it.
Some said I was I've done that before.
Some said I was praised in my quest for the Rosemary Park.
Hey, it worked, but it wasn't just me.
I took on a personal mission with partners, Mayor Trice and Commissioner Batti.
And many others.
We stay with it.
Now how that's how that got done.
And I feel the same way about this, except multiplied times about 10,000.
For the past year and a half, I've made consistent case that Sarasota doesn't just want a new performing arts center.
We need one to remain a serious cultural city to ensure our relevancy in a changing region to support long-term economic growth and to create a true uh civic space that goes beyond classic performances.
Concept two is materially different, smaller, more financially grounded, more resilient.
It reflects serious work.
I understand there are new uncertainties.
We talked about the county property tax policy at the state level.
That deserves uh attention.
But there are two ideas I want you to weigh.
The first is inertia.
Newton tells us that motion stays in motion, that interest stays at rest.
We have motion again.
We ask for a refinement.
Energy has returned to pause now.
Risk allowing momentum to dissipate and restarting later will not be easy.
The second idea is for tolerance for ambiguity.
We never operate in conditions of perfect fiscal certainty.
Leadership requires judgment in moments where not every variable is known.
The questions that matter for today's decision have been answered.
This, so we can move ahead.
So the incoming city manager has more details to weigh in on herself.
Further details will come.
That's how responsible implementation works.
We are at that point.
My ask is straightforward.
Vote unanimously and enthusiastically to receive the foundation's report.
Welcome the work that they have done.
Let's not lose momentum.
Let's move forward.
Thank you.
Thank you.
Mr.
Belantin.
Good afternoon, Peter Blanton, City of Sarasota, TIFF resident.
And recently a homesteader.
So I'll address that point later.
So I like David, I wrote a guest editorial, and I was pretty negative on the concept design number one.
I I didn't like the location.
I didn't like the height in the air.
I didn't like the proximity to 41.
I thought it was too big, and most importantly, I thought it was too expensive.
So, but I have written you an email, and I I actually think they've gotten everything right.
And I I have come back, I mean, I've met with Tanya and her crew three times on this matter.
You know, you write a guest editorial, you you know, you get brought in.
So, yes, so it it the costs are way lower.
It's smaller, I think more intimate.
I think it's a better, it's a it's going to be a better design, but it saves a lot of money to be a smaller theater.
It was going to be like the second largest in the state of Florida.
We're not, we're not Miami.
We're not, we're not that size.
Um the parking is better, so on and so forth.
Okay.
This is a little bit of a clunker here.
But we have a governor who's hell bent on cutting homestead taxes.
I think his druthers would be to cut it to zero, you know, shortly after the election on the third, if that if his proposal ever got there, which I don't think it will.
Um, but the House has put forward a proposal, the State House, and that is a ten-year phase out of homestead property taxes.
The Senate seems more cautious on this, and I don't know where that's going to come out, but I I think uh DeSantis is hell bent on bringing them back in session until he can beat out something from the Senate.
So it's all well and fine, but you know, I I think you have to assume our um said property taxes are going to be cut in the state of Florida.
I mean, it's I just you have to weigh the likelihood of where the government we've got two out of three people to deal with.
This the governor and the legislature behind it.
The Senate is somewhere, maybe close, but not quite there.
And then we have the population, and they're gonna vote.
60 percent is gonna vote to cut your property taxes.
So you have that.
So that's that's gonna have a major impact on the TEP.
The other thing relating to the TIFF is that a lot of people, including myself, didn't join the homestead exemption game until recently.
So that's we're gonna have a dynamic where more people do.
Thank you.
Thank you.
Ms.
Furman.
Okay, hi, I'm Alyssa Furman.
I'm a resident of the city of Sarasota.
I'd like to know why when the city can't even afford a nice clubhouse at Bobby Jones golf course for the average person.
They think they could afford this.
The county will be firm.
King Culse.
The county, the county won't.
I'm sorry.
The county won't release the news funds for the news SPAC.
City taxes had to be raised to cover reserves this year, and the city may totally be broke, depending on what happens in Tallahassee.
Original plans costing the taxpayer hundreds of thousands of dollars are about to be scrapped.
I wonder who's really going to pay for the Performing Arts Center.
Can the Performing Arts Foundation actually raise the funds or only promise?
The city is broke as well as throwing money towards other entities that do not produce revenue to the city, as I've learned from previous meetings, including today's.
Sarasota is a community that is rich with many performing arts halls.
Some already exist and some are in the process of being built, such as the Symphony's New Home and the new McGillakartic Theater, all financed without tax dollars.
We have an award-winning Van Wetzel, spend the funds on making it perfect, and leave Bay Park Green.
Thank you.
And we have two more people I will call down to speak.
Pamela Moones and Paul Shaw.
If you would like to get something you can look into, Ms.
Moans, you may start.
My name is Pamela Moans, and I'm a full-time resident of Sarasota.
I'm here to express my support for the Sarasota Performing Arts Foundation's initiative for a new performing arts center.
My husband and I have been supporters of this initiative since its inception, a new performing arts center that will take us into the future.
It takes courageous leadership to travel new and uncertain paths.
The SPAC has presented the latest rendering of the amazing, stunning design by the world-renowned Renzo piano team.
It has incorporated the numerous changes the Commission has required over these many months, and which the piano design team has masterfully addressed as you saw.
Where would the city be today without the brave leaders who supported a bridge across Sarasota Bay?
Or leaders like Jennifer Romancki, who envisioned and enhanced the beauty and allure of an already stunning treasure like Selby Gardens, post-hurricane, and adding artists to the gardens.
And as we saw or heard, A.
G.
Lafley and the Bay Park team.
We deserve a performing arts center.
You have the opportunity for a wonderful city to offer world-class performing arts center designed by a world-renowned design team.
The question is do you, as our leaders, have the courage to imagine the future by believing in what could be an act accordingly?
Sarasota is a city past, present whose past, present, and future embodies the imaginative creative spirit that makes our city the Mecca that it is and can become into the future.
I admire all of you for your willingness to serve our fine city.
Someone once said hope is not a strategy.
I would say a successful strategy requires action and the courage to take that untraveled path and support the once-in-a-lifetime chance to uniquely enrich Sarasota's reputation as an exceptional destination for the arts and artists.
You are the leaders who can make the magic happen by exhibiting the courage to support and champion one of the most vital initiatives that this has that has been presented before you.
One way or another, I imagine your decision will become an historic one.
What do you want your legacy to be?
I hope you will accept this new design concept so the project can finally move forward and become a dream realized.
Thank you.
Thank you.
Mr.
Shaw.
Thank you very much.
I appreciate you having me.
I have a uh my background is in the arts since I was small.
I love the arts, architecture, and um and that speaks to the Van Wazel.
I grew up in Wisconsin, in fact.
Hallie Essen was miles, a few miles from where I grew up.
And there's Frank Lloyd Wright's main area, Oak Park, Illinois had a lot of Frank Lloyd Wright.
So I have great, great respect.
I love his designs, what he does.
And so anyway, the Van Wesel Performing Arts Center in Sarasota, Florida was designed by Frank Lloyd Wright's son-in-law, chief apprentice and protege William Wesley Peters of Tally Essen Associated Architects, and it's an architectural landmark.
Built in 1970, it requires replacement.
That doesn't mean replacement doing away with it, although the problem with with I know this from we have a Greek Orthodox church in Milwaukee, and that is costing a fortune to keep that place looking like it should on the historical record.
You have to spend a lot, a lot of money to keep that and I believe that the first I believe that the Van Wezel is on the historical record.
No, it's not?
Not yet.
Well, all right.
Well, anyway, the uh the I'm just saying that that uh Frank Lloyd Royce designs take a lot of uh to to keep them up.
Um anyway, I believe it should be replaced uh uh with a new performing arts center because of severe uh vulnerability to storm surge, outdated infrastructure, that's including the seating that a lot of people complain about, inadequate capacity for modern high-tech Broadway shows, recent hurricane damage, high maintenance costs, lack of adequate docks to accommodate large-scale tours, and a 398% population increase in Sarasota since 1970.
A new high-end performing arts center is expected to be a major economic and cultural catalyst, generate an estimated 194 million in annual economic activity, create over 1,500 uh permanent jobs, attract 495,000 annual visitors, feature a 2,0200-seat main theater, modern accessible and resilient infrastructure, and host world-class productions while enhancing community education and engagement.
Thank you very much.
Thank you, appreciate it.
Um it's time now for Commissioner Questions, and the Vice Mayor is first on the list.
Thank you all.
So almost a year since you've been here at our table.
I think this delay has resulted, I'm gonna say in a better location, although it reminded me of hanging a painting in my house.
How about here?
How about here?
How about here?
And then you go back to the original location and say, we knew it all along.
So better location, better design, total cost that the city can afford.
And equally important to me, it seems now that we have a team instead of people fighting against each other for what they want and somebody else doesn't want.
The team that includes most of the necessary participants working together to a common goal rather than fighting.
The parks in, the foundations in, the cities in, the citizens are in, citizens is interested in the arts, and those interested in preserving history, and citizens who aren't interested interested in either of those things.
So I commend you for getting over the big hump.
I think we still have some humps to get over, but this is how it works, right?
You don't always know exactly where to hang the painting in your house right away.
Um people have talked about coming back to us.
Um that's a concern to me.
I know we need revised partnership agreement and implementation agreement.
But I also know that the window of time we have where the city can afford to participate is a defined window.
Over too many years, the TIFF won't have enough money left in it.
And so I don't know.
We've got to hurry up, but don't come too fast, because the state is still deciding what they're going to do with our property taxes.
So my question is when do you plan to come back?
Well we would like to come back very soon.
I know that's a very political answer, but I would say within six weeks.
It would be our preference.
I think that we at the foundation can do the work that needs to be done on the business plan as well as the work on the operating agreement and the implementation agreement.
And we can bring that back to you soon, because we don't, as you have said, we do not want to lose the momentum that we have right now.
And how does that fit with the state's decision about what they're going to do with our property taxes?
So with my unlimited ability to predict what the state will do.
The worst I believe they can do will be will not be known until November.
So I think that's the worst case, assuming anything even gets on the ballot, which you know I don't know what the odds of all that are.
But if it is moving in that direction, then you would need until November to know what the results of that are.
If that does not move in that direction, we clearly have to finish out this legislative session, deal with whatever special sessions get called and then you know make a decision there.
So that that is less than November.
In the meantime, I think we negotiate the revised agreement that Tanya spoke about.
We do our reasonableness check on our own of uh capital and uh operating cost, and we bring those back to you, you know, realistically, it's probably going to be sometime in the summer, uh, hopefully not too deep into the summer, and we'll have a better idea on where the legislature is at that point as well.
So, you know, this timing is I think it's okay.
Uh we have time to do some work.
We have agreements to negotiate, and we have the unknowns associated with the legislature and the possible constitutional amendments.
I do think with a excuse me to not to speak out of school, but one other thing we can do potentially is give you some options of how do we keep design moving at a at a bite-sized pace so that we're not you know committing ourselves to money that we don't have, but also keeping that momentum going.
And that's something I think if we come back in six, eight, twelve weeks, whenever the parties decide, we can put that in front of you and say, here's what it looks like if we get through to get through November without stopping.
And so I think that's something that we can work on to bring back to you to consider.
Thank you.
Uh one more question.
And it might sound sort of trivial, but it's not really.
Um in some of the slides we saw buildings that were yellow, blue, and pink, and other slides, those same buildings were gray.
Um so I immediately think of additional cost associated with colorizing buildings and additional maintenance associated with that.
At what point does a decision have to be made?
Uh and who makes that decision?
That's a good question about when before the end of the schematic phase would be the right time to make a commitment.
Because once you go past that, you get into detailing that starts to assume certain materials for color or not.
But between now and I would say three-quarters of the way through schematic design, that decision should be relayed to you and committed to.
And so that's too.
Who?
Who who makes that decision?
Well, I think the design team needs to present those ideas to the foundation first, see if they're accepted, and if they are, then present them to the city.
Yeah, and I think the decision is made by the same by all three parties, just like all the other decisions are made.
So the, you know, we have to come to a consensus between the foundation, the city, the Bay Park, uh on what makes the most sense.
I've already decided.
Yeah.
Uh Vice Mayor, I think the spreadsheet that shows us the bottom line is going to be the one that decides.
Thank you.
Those are my questions for now.
Thank you.
Commissioner Aher and Kutch.
Um thank you very much for your presentation for um we're looking at all of this.
It's really appreciated, I think, by the community, by the commission, by everybody involved.
Um and thank you for your work on this.
Uh Mike, I don't have a question for you all.
I have a question for the city manager.
Um these numbers on page I don't have the page number.
The project budget and funding page, how those numbers were all arrived at.
If I could have the very, very, very most minute details about how the that those were all arrived, I would appreciate it.
And that would be the hard cost, soft cost, is that the page.
Okay.
The the page that's on the Elmo right now.
I can't see.
I don't know.
Well, that's why I said it.
Um that page, please, yes.
And there were some other ones shown that are not part of our budget material.
Yep.
Um that talked about all those projections and costs and parking and everything.
So yeah.
Thank you very much.
Commissioner Alfert.
When looking at the um all the slides and you know how the city is going to come up with the money, I didn't see anything about a surcharge on tickets.
And I think before we've always talked about one of the ways to um also add to handling the debt service was a surcharge on the tickets.
Is that not being contemplated anymore?
I think the best way to say it is.
I like to leave some powder dry.
Um definitely a surcharge on tickets is uh is an item.
We've actually done some projections on it, so we have some ideas.
The first sort of scenario we wanted to roll out is keeping it all within the TIFF.
Um if something changes, uh we have a little backup in that.
We have some idea what that would support in terms of debt under different scenarios.
Um it's a little early to roll that out as a firm revenue source right now, but if we need it, it's definitely there.
Okay.
I I hope that was satisfactory.
Yeah.
Yeah.
That's why I I wanted to see where where that um where that comes in.
And um, you know, and I I think I agree, you know, I agree.
I think if there's going to be a special session, it seems like by summer or late summer um we'll know that they will have had it, and then we'll know if there's going to be something on the ballot and what that something is going to be.
So I think that get will give us the um, you know, because then we would plan with the assumption that it passes, so this is what it would look like.
So I I I think that's gonna be um pretty clear to us after a special session.
So I I feel comfortable with the timing.
Timing on it.
So that's all I have.
Okay.
Did you want to say anything, Commissioner Dante?
Any questions?
Uh yeah, I guess I can ask one question.
Thank you very much, Mayor.
And thank you all so very much uh for your presentation.
How do you feel?
Great.
I feel great.
What about how you feel?
I'm all right.
I'm a little cold, but uh so I mean you know this this has gone from what uh 27, 24, 22, you feel comfortable with this.
I personally do, yes.
Excellent.
Because I know that um we talked about like the um the model, you know, which to like turn a profit or or whatever and what this works.
Uh in my opinion, and in my 30 years' experience running performing art centers, I do.
I have run performing art centers around this country as a 501c3 organization.
And uh that uh nonprofit model does work.
And this uh I think that this um project is right size for our community.
And there are models that support this, uh including uh the Cravis Center in West Palm Beach that has a population of 1.5 million in the county, and also the Peace Center in uh Greenville, South Carolina, which uh both of these performing arts centers I'm mentioning have right under 2200 seats.
And those models are uh operated by nonprofits.
And um they are great models uh for us as uh to look at as best practices.
Uh excellent.
Yeah, uh you know I you know just want everyone to um you know you know applaud you all for all the efforts that you made to make the concessions necessary to you know get us to where we are today.
And you know, we can't thank you know Mr.
Bullock enough for you know his participation, you know, in this process and uh you know getting those numbers down.
Um we all know, you know, what uh arduous task that was to you know to to do that.
But uh with his finance expertise and and uh uh paying attention to the numbers and you all listening, you know, the countless conversations that that that we were had, especially when when you and I spoke and I said, hey, you know, I think we need to have more conversations with uh A.
G.
Laughley, and because you all are going to be on the same footprint.
Um and uh incorporate you know him into this process as well and whatnot, and listen to the to the community, listening to the concerns of the citizens and and and those that were wondering if we could even get here.
Um, it's it's it's amazing.
And uh, you know, again, I can't, you know, um commend you all enough and everyone that uh participated in this and including uh Renzo Piano for uh the design which you all came up with and Mr.
Lafley and your your work and uh helping you know the foundation, the foundation and the work that you've done again, Mr.
Bullock, you know, ms uh Mr.
Robinson and uh Mrs.
Jorgensen, you know, thank you for um your participation in this as well.
You know, this you know, you were countless hours and days and nights and and uh and thank you for letting me use your office.
I made your office my office, so um, but thank you.
Thank you.
Okay.
Well thank you all.
Um I'm really excited about what you presented.
Uh one of the things that I did note is every single line item that was in my memo back in March saying please address these concerns, you addressed every one of them.
So thank you.
Um Ms.
Castro Verde Muskelenko, when the question that the Vice Mayor came up with about color, I sort of was watching the wheels turn in your brain.
Were you thinking, oh gee, I know the story about the purple of Van Weißel, maybe we can for 25 million dollars let somebody choose the color of one of the buildings.
No.
Maybe a little more than that.
But but anyway, um as we go forward, I'm really confident that the excitement in throughout the community will build.
Maybe the county will decide to jump on board.
Um I know we and a lot of the other cities in the state of Florida will be working really hard to get the citizens to vote against uh increasing or phasing out the ad valorum tax.
So I think things are gonna continue to go our way.
And um I think we're all gonna come up with some ideas of how this can be even more financially viable as the project continues.
So thank you.
Thank you.
So anybody else?
Oh Commissioner Albert.
I just want to throw out there for talking about this color thing.
I like the idea of different colors for these different buildings.
You know, they don't have to necessarily have to be the colors that were on the buttons.
And it's you know, it's it's kind of a great concept.
So I'm hoping we aren't encouraged them to do gray.
We're taking a poll.
Just reach out to us.
I'll put you on the color column.
Or keep the recommended colors a secret and then reach out to donors and convince them that, oh yeah, that color you like.
We're gonna need you on our fundraising team.
So uh oh, Commissioner Batti.
Oh no, I'm very excited.
Okay, you ready to make a motion?
Yeah, and that's you know, it's simple to accept this ourselves.
Oh, receive.
I'm sorry, receive this episode of performing arts and this uh concept is on.
Second.
Okay, motion by Commissioner Bad T seconded by Commissioner Ahern Cut to receive the Sarasota Performing Arts Center presentation.
Yeah, we've got two public hearings.
Welcome back.
The March second regular city commission meeting is back in session.
Um, during the break, a suggestion was made because of the length of the day so far that we continue the two items that are in new business, and it's possible to continue them till to the March twenty-third meeting.
Um the the two new business items on our agenda to not handle them this afternoon to move them to March twenty-third.
So I would entertain a motion to that effect.
But I would say why don't we m wait a while and make the motion closer to the time when we want to stop the meeting.
Well, because the people who are making the presentations are not city staff.
Oh, good answer.
I don't want to make a way.
We're going to make a decision.
Hold on.
Wait, wait, let's just enumerate which which ones they are.
The uh composting and the new business property tax.
12.1 and 12.2.
Yeah.
Okay.
I'm okay with that.
So I'll make the motion.
Go ahead.
I move to continue new business items 12.1 and 12.2 to the next commission meeting.
Second.
Okay.
Move by the vice mayor, seconded by Commissioner Batte to continue the two new business items to the next uh meeting.
Um I was gonna ask if there's any discussion, but let's all vote.
All right.
And passed unanimously.
Thank you to the people who were prepared to make the presentation today.
And um we'll look forward to hearing from you on March 23rd.
With that, I'm gonna call on the city auditor.
To make uh to lead the issue the oath with you, Mayor.
Special oath.
Special oath.
All right.
Ordinance number 26-55.
Well, hold on.
Let's open the public hearing.
And I need to do the oath, and I need to do the oath too.
Sorry.
Don't you do the oath before we all have to be able to do that?
It's been a long day.
All right.
Anyone who plans or speak at any public hearing today, please stand and take this Open.
Do you swear or affirm it the evidence of factual representations which are about to give or present to this commission during any public hearing held this second day of March 2026 are truthful?
Yes.
Okay.
Thank you.
And with that, I will open the public hearing on proposed ordinance number 26-5585, and call on the city auditor and clerk to read the title.
Thank you, Mayor.
Ordinance number 26-5585.
In ordinance of the City of Sarasota, Florida, amending the Sarasota City Code, Chapter 29.6, entitled special event permits, amending definitions, application process, and requirements for special events.
Creating section 29.6-8.
Special events lasting more than 96 hours.
Creating section 29.6-9 pertaining to litter as special events.
Creating section 29.6-10 pertaining to city co-sponsored events.
Creating section 29.6-11 pertaining to security deposits.
Creating section 29.6-12 pertaining to indemnification and liability insurance.
Creating section 29.6-13 pertaining to nonprofit special event permit status.
Amending is Sarasota City Code, Chapter 22, Section 22, and Section 23 pertaining to special events.
The leading chapter 23, Section 23.5 pertaining to commercial vending during special events.
Providing for the repeal of ordinances in conflict, providing for the severability of the parts heroic, declared and valid or or unenforceable, provided for reading by title only and providing an effective date.
Thank you.
And who am I calling upon to make a presentation?
I will say Ms.
Jordan.
I have to ask because you said City Attorney Fournier on this sheet.
Oh my gosh.
Sorry, I apologize.
Come on, John.
Thank you, Ms.
Jorgison.
I can try to be Mr.
Fournier, but afternoon, Mayor, Vice Mayor, Commissioners, Jennifer Jorgensen, Director of Governmental Affairs.
I am here today with Mr.
Wormley, who is our manager of special events, and Miss Laurie Benson, who is an administrator for our special events team as well, and Mr.
Meladnik, who is the city attorney who worked on the special event um ordinances for you today.
And before we start the presentation, I have to start by apologizing for the backup material that I created for this agenda item.
The title page, the page numbers on that first title page are incorrect, so I apologize for that.
They do not align with the document backup material.
And in fact, the backup material does not have the right page numbers on the bottom of the material.
So I do apologize for that.
As we reference the materials today, I'll do my best.
The ordinance themselves have separate page numbers, so I will do my best to reference those page numbers.
But I did want to apologize for the error in the backup material.
And with that, I will have Jim control the PowerPoint.
Ms.
Benson did an amazing job when we were back here in November going through the PowerPoint presentation, but she has a cold today.
So I am going to take over and try to do as good of a job as she did going through the presentation today, but we'll be asking Jim and Lori to jump in if I miss anything.
A little bit of an introduction.
So we were in front of the City Commission back in November 17th of 2025, and we in at that time presented for first reading an ordinance and we had a discussion with the City Commission.
There were some items within the special event ordinance at that time that the city commission wanted us to go back and relook at and bring back to you for first reading again.
So we are here today on an on first reading of this ordinance.
When we go through the ordinance, you will see that there are areas where we are asking for options.
So we provided a couple different options again based on the discussion that we had back in November, and we will talk through those options today.
If we move forward with an motion for an approval of the ordinance on first reading, we would then ask to include whatever option that the city commission wanted to do at that time.
I also want to point out one change in the ordinance.
If you could turn to, and it's the big numbers at the bottom, not the number of pages, but if you could turn to page six, you will see subsection 17.
So this is section 29.6-5, and at subsection 17 in the backup materials that you have, it states that the event organizer of the special event intends to have commercial vending but is not identified the name and location of each vendor participating in the special event at least 61 days in advance of the proposed event date.
When we presented this to you back in November, that was five days, and we would like to keep it at five days.
There was a mistake in the ordinance when it was drafted.
So again, um, if you want to discuss the change to the five days, we can absolutely discuss that.
But when we do the motion on first reading, if it is moved forward, we would ask for that change to be made in the motion.
All right.
I think those are all my housekeeping.
Again, I apologize, and we will jump into the presentation.
Um the main things that we're going to talk about today.
Jim, can you go back to the intro just really quick?
We are only going to cover the parts of the ordinance that were asked to be re-looked at and brought back.
So you will see the majority of the ordinance that we didn't change.
Those are all in the appendix of the presentation.
So today we are going to talk through the security deposit, because there was discussion on that on November 17th, whether there should be events at St.
Armand's over 96 hours.
We also are going to look at some options on redefining the locations of events that have a street closure, sound permit, and a temporary alcohol permit.
We're going to look at the city co-sponsored limitations and then some options for a notice and sign-off requirement for a right-of-way closure.
Thank you, Jim.
The first one we're going to talk through is the security deposit.
So there was a question when we were in front of you on November 17th, whether the security deposit would be refundable or not.
And so our security deposits could be refundable if certain conditions are met.
There are times when the security deposit is kept.
For example, if the event organizer doesn't comply with one of their requirements, if they didn't clean up the site, we would keep their security deposit for those purposes.
So we changed this language to say which may be refundable as described in the special event permit fee resolution.
So we will go into more detail in the resolution that we will bring back on second reading on the refundability of that security deposit.
For St.
Armand Circle, we in our previous first reading, we had language in there that no special event permit would be issued for any event on St.
Armand's that would be over 96 hours.
There was some discussion whether we should remove that or not.
So the two options that we are bringing forth today is one is we would keep the language as it was on first reading, which means no special events over 96 hours on St.
Armand's, or option the other option is to say that you can have events at St.
Armand's over 96 hours.
And the reason why we are including that back in the special event ordinance is any special event over 96 hours would have to come in front of the city commission for approval.
So that would allow the city commission to approve it at that time.
I think the big um meat of the discussion when we were here back in November was how do we limit the special events within the downtown area so the residents aren't having special events on an ongoing basis?
We are bringing forward three options today for redefining the location of limiting special events that include a right-away closure, a sound permit, and a temporary alcohol permit.
So these restrictions do not apply to events that would be in parks.
These are only for events that are on a right-away, and they would only be included if the event applicant had a sound permit and a temporary alcohol permit with their special event permit.
Oh, can you go back, Jim?
Sorry.
So the first option that we are proposing is that any special event that would take place on a right-away with those two restrictions would have to come in front of the city commission for approval.
Um we have we have um Lori, can can you tell how many special events do we have on right-aways last year?
So in um fiscal year 24-25, we had 18 regular events that would have come before you for approval.
And then in this current fiscal year, we're only at 11.
So we've already kind of dropped the amount of these types of events that we have.
Um I don't think we'll get many more.
We are pretty much have all of our applications through season.
So last fiscal year it would have been 18, uh, this current fiscal year would be 11 so far that would come to you for option number one.
And so we just want to state for option one or number one, there is the logistics that any time that the 18 or the 11 would have to come in front of the city commission, we'd have to get that on a city commission um agenda, probably a four-week time period in order to do that.
So we would have to make sure our event organizers had all their documentation in in time in order to get it on the agenda to get approved.
The second option, and I'm gonna put up a map, it's in your backup material, but just so it's a little bit bigger on the overhead.
So there's a lot of words here, so I will explain what all the words mean.
Um basically what we are saying here is that the special events team is able to approve any special event permit that comes in front of them that is located in any of these green highlighted streets.
So the special events team has picked some specific streets that most of our special events are held on.
We have not picked Lower Main, which is one of the areas I know that has been a concern.
So we have picked Gulf Stream Avenue, which is right in front of the JD Hamill Park.
We have picked State Street, Lemon Avenue from Pineapple up to First Street, and there's the streets that go adjacent to Five Points Park as well as Boulevard of the Arts.
If an event organizer would like to hold a special event outside of these specific areas, then they would have to come in front of the city commission for approval.
So these are the locations that the city that special events team can approve.
And what we were trying to do with this was spread out the special events to other areas so they weren't all in one area.
Along with this restriction, there is a requirement that only two special events a month would happen in any of these locations.
So if somebody had an event on Boulevard of the Arts on March 3rd, and somebody had an event on State Street on March 4th, no more special events could be held in March.
There could be no consecutive weeks or weekends on adjacent properties only.
So using the example I used before, you could have Boulevard of the Arts an event on March 2nd, and you could have an event on State Street on March 3rd because those locations aren't adjacent, but you couldn't have an event on Lemon Avenue on March 2nd and on State Street on March 3rd.
Jim or Lori, anything I missed on this one?
No.
The final option for the location restrictions is another map.
And again, the feedback that we received at the last special event at the last city commission meeting was not to use the downtown core as a definition.
That's what we used before, just in case that definition would change.
So instead of using downtown core, thanks, Joe.
Instead of using downtown core, we have defined a specific area of downtown using specific streets.
So you can see it outlined in green, where it is Fruitville down to Orange Avenue, Orange Avenue to Mound, up Palm to US 41, and then connects to Fruitville.
So within this location, the special events team could approve any special event permit.
Again, these are road closures with sound and temporary alcohol permit within this location.
You can have two events per month, and again, the there would be no consecutive adjacent weeks or weeks, weeks or weekends for adjacent properties.
If somebody wanted additional special events again outside of the options that we're providing, they'd have to come to City Commission for approval.
All right, so those are the three options that we provided for redefining the location restrictions.
We kept in, we want most of these were in last time, but we just wanted to reiterate them because they were part of the special events approving with or without conditions.
So the Office of Special Events will not issue more than two special event permits per month held at JD Hamill Park and Gulfstream.
Again, that was in the special events last time, but because of the changes we made in the other locations, we wanted to repeat this as well.
The events cannot be held on consecutive weeks or weekends again at JD Hamill Park.
There shall be no more than four special events at Bayfront, and the Office of Special Events will not issue more than one per month at Boulevard of the Arts from Levin Avenue to Coconut.
That one was not specified in the special event ordinance in November, so we wanted to add it this year or at this time because we added Boulevard of the Arts to that option too.
Again, these were in the ordinance last time, but we just wanted to reiterate them since we made the other changes.
No street closures will be allowed on Main Street Monday through Friday before 5 p.m.
All of the provisions that we just talked about, including the three options, would not apply to the city co-sponsored events.
So we want to make sure that it is clear that if you have a city co-sponsored event and a non-city co-sponsored event, then you could have events that happen on consecutive weeks or weekends because the city co-sponsored does not have to follow the restrictions.
And we are suggesting that because city co-sponsored events do come in front of the city commission for approval on a resolution.
And so since those are already coming in front of the city commission for approval, we didn't want to include those in the other restrictions of the special events.
No special event activity including teardown shall take place after 11 p.m.
There's the exception of the New Year's Eve special event, and then no special event will be held at the Bobby Jones Golf Club and Nature Park except for those that are allowed by the organizer that manages that that golf course.
The next slide talks about the funding, and I'm gonna turn this over to Lori to talk through this.
This lists all of the current events that are on the resolution plus additional special events that aren't on the resolution but have been approved to not pay the waiver fees.
And again, it was asked at our last city commission meeting to bring this back just for a quick discussion on the costs that the city is waiving for these special events.
I don't have too much to say about it, but when we get to the questions, if anybody has any questions, do you know about how we came up with the numbers?
I did get with every city department on their costs and put those all in here.
So it does include Fresh Fridays, so that is something that's not currently on the resolution.
But when we bring that back with second reading, if you wanted to add that on here, then you already have the costs here associated with that event.
We also talked about there is a section 30-21, which is outside of the special event ordinance, but it is applicable to special events.
So this sits in section 30, chapter 30 of the city code, which is the right-of-way part of the code.
And what this says is that if there is going to be a special event of 72 hours or left, there is a current two-thirds sign-off requirement to be able to close the streets.
We are offering two options.
I know we had a lot of discussion at the November meeting, and we've all up here talked about it to try to find a way that we can simplify the two-thirds sign-off process.
And what we are offering today is to remove the two-thirds sign-off, but beef up the notice requirements that would go to any affected or impacted resident or business.
So this talks about requiring the event organizer to get all the names, addresses of impacted properties.
They would be responsible to either mail or drop off information about the special event, which would include the name of the special event, the date, time, the description, and the location to the impacted properties.
Now we are specifying that if the impacted property is a condo association, that it would go to the representative of that condo association, and then they would be responsible for making sure the residents provided that.
Jim and Lori also did an amazing job of creating a newsletter for all special events as well.
And Lori and Jim, how many do we have signed up for the newsletter?
I think the last I saw was about 5900.
So we've been um pushing to get the notice requirements out via that newsletter as well.
The other option that we are putting up for consideration on the notice and sign-off is to actually remove the two-thirds sign-off completely.
But again, we have specified a stronger notice requirement in here.
And the reason why we have included removing the two-thirds sign-off is because when we did look at other cities that do have special events, they do not have a two-thirds sign-off requirement.
They have a notice requirement.
And so again, to align with some of those cities, we are asking for a specific notice requirement, but not needing the two-thirds sign-off.
And then there was a discussion at the last city commission meeting about the sound ordinance.
And at the November City Commission meeting, we did not have the sound ordinance changes in that in that backup material.
So what we decided to do for this one is to specify in the sound ordinance that any special event would require a sound permit to be signed off on.
There was an intent of that in the current sound ordinance, but it wasn't clearly specified that a special event would require a sound permit.
And so we're codifying the fact that any special event would need that sound permit to be exempt from the sound ordinance.
Additionally, we have worked with the city manager to get approval that effective May 1st, the sound permit changes have been made from going from a hundred decibels.
So the current sound permit allows anybody with an event to go up to 100 decibels.
We have lowered that to 85.
DC A.
D.
DBA, which is not the base, and then to 90, which is the DBC, which is the base.
So our current sound permit is mirroring our current sound ordinance, meaning the treble in the base or the sound in the base is a five decibel difference.
After Mr.
Polzak does the sound study, we will re-look at the sound permit based on the recommendations that come back from that sound study, and if needed, we would change the sound permit at that time.
We are not putting the requirements into the special event code at this time because we do want to wait for that sound study and then determine what their recommendations are.
So we're just changing the sound permit, but not putting it in the sound ordinance.
And this is just showing the change where we were very specific listing road festivals, parades, fireworks, and it just was really wordy and could be interpreted different ways.
So we're cleaning it up to just say all special events would require a sound permit.
And that is our presentation.
And we are open for any questions after public comments.
Thank you.
And yes, we do have quite a few people signed up.
I will invite the first five to come up.
Kelly Brown, Mark Tuckman, David Lowe, Peter Blandon, and Floantler.
Okay.
David Lowe is skipping, so Jim Lample.
Okay.
Ms.
Brown, you may begin.
Thank you, Commissioner Staff.
I'm Kelly Brown still.
Speaking for myself, I am a resident.
I spoke in front of the commission back in November for CCNA.
I didn't think to ask him about this.
I just want to say one really quick thing.
Jennifer Jorgensen and her team have done an amazing job of outreach.
I don't think there's anybody they haven't talked to.
So my request of you today is please let's use a football analogy.
Let's move this ball down the field to get to a second reading.
For every day we delay, the old rules are still in place.
Let's help the residents of downtown, have some peace and help everybody understand the rules.
Thank you.
Thank you.
Mr.
Tuckman.
Thank you, Ms.
Mayor.
Hi, everybody.
Mark Tuckman.
I guess I'm here representing myself.
I am a small business owner in downtown Sarasota.
I own 99 bottles on the 1400 block of 2nd Street at the bottom of the DeSoda building.
I uh I also would like to give tremendous credit to Jim Warmley and Lori Benson and that department because I have worked with them several times to produce these kinds of events and have gone through the very long and tedious task list that is required of an event producer to go ahead and execute an event on a street in the city of Sarasota today.
Number one, it is the time uh turnaround from their office from event application submission to when you get your either approval or denial from their office.
At the moment, there is nothing in there that says anything other than you will get your approval or denial a minimum of 30 days before your event.
That is unrealistic, in my opinion.
The reason why is because a tremendous amount of time, effort, money, reservations, and getting other people involved in large-scale events needs a somebody to get us an answer well in advance of the event, and 30 days is not enough, in my opinion.
Number number two, um there were three options for uh their department to give their own approvals if I remember correctly.
Option number one was actually uh for every event to come before the city commission.
Um that's a near impossibility for the same reason that I described.
I'm sorry if you don't like that answer, Ms.
Albert, but that's okay.
So that's not no, I agree with the.
Oh, okay, cool.
Um but it's a near impossibility because it it will continue to lengthen the amount of time that an event producer will have to go ahead and think about what they need to do, why they need to do it.
I would tell you the first time I produced an event in the city of Sarasota, um I held back on reserving uh live music or food trucks or other vendors that would make a great community event because I was scared I was not going to get my approval.
And when I finally did, a lot of my first choices were booked at other uh venues or opportunities, and I would have liked to have had that chance to get them if I had ample notification.
Um so that's number one.
Number two, um uh number two and number three uh I think are the same point that I'm gonna make, which is this make it universally an even playing field for anybody to apply for a special event permit.
Um and don't make it well, these people can have certain restrictions and then these people can have other less restrictions.
I'd ask you to just make it a blanket like you do for lots of other things.
And what I mean more specifically about that is if you're in the set city of Sarasota or you're applying to have an event in the city of Sarasota in one of your right-of-ways or other technical terms, I just call it a street event, um, then uh then they should be given the latitude to make those approvals if the conditions are met.
That's my opinion, and I ask you to make that consideration.
The last thing that I would end up mentioning is this.
I think that some of the pushback that you have heard over the eight years I've been in business in downtown Sarasota and will continue to hear today and beyond is rooted in either noise ordinance, which I just heard was going to be addressed by uh the presentation, or poor event management and allowing poor event management to continue repeatedly.
Um I think that enforcement is a big issue, and I think I actually heard that because it's been sitting here since 845 this morning, and I heard that in lots of different ways, whether it's code enforcement for the concrete plant or it's code enforcement for the Airbnb.
Well, there's a code enforcement issue as it relates to monitoring of special events and making sure that those codes are also enforced, and I think that that um needs to be addressed as well.
Thank you for your time and your consideration.
Thank you.
Um Mr.
Blandon.
Uh Peter Belanton, Sarah Center resident.
Could we oh yes, there's the eye candy.
Um I want to start with some observable facts.
Unfortunately, my facts, which I have shared with staff on multiple times, do not coincide with their facts, which I have asked for the underlying data for, which they give me crickets in response.
So who knows.
But Sarasota downtown block parties, alcohol, which means alcohol, street closures, waiver from the city ordinance, and occurs later than 9 o'clock at night.
Okay.
We have three times the number, and you'll see in a little sexy bar chart, three times the number of peer cities and much larger cities than us.
I don't know why.
I mean I have some thoughts.
Sound levels often exceed 100 decibels.
I'm not sure how they define decibels.
It just has decibels.
Let's assume it's DB, which is unweighted.
I don't know.
And I'm sorry, what's your name?
Mark.
Mark's point, there is zero enforcement.
There's no consequences to going above a hundred decibels.
I don't get it.
But teardown activities, they go as late as four o'clock.
There's no curfew on teardown activities.
So you know, that that's pretty noisy to hammer down the stage.
Uh all permits, and they've never come to you.
Okay?
They don't come to you because they're all handled administrative.
No other city in Florida does that.
And I'll explain what they do.
And then also the maximum sound levels currently are handled through a special sound permit.
Everyone who has applied for a special sound permit gets one.
There's no there's no oversight to that process.
They get it.
So those are our those are our block parties.
Um high impact events.
Most cities have a definition.
You're not gonna get every uh special event come to the city commission.
That's absurd.
That doesn't happen.
And no city does that.
But they do have certain definitions of high impact events, and it may only be an agenda item, okay?
It doesn't, it doesn't have to be an all-day session like today.
But every virtually every city in Florida, and all and around the country too, for that matter.
Uh last season, and I define season from like July 1st to the following July, uh June 30th.
Stat per minute 24 high impact events.
So these are street closure, alcohol, waiver to the sound ordinance, and at night spanning 34 days.
That's excessive.
I don't uh, you know, it isn't 11, it is an 18.
I don't know where those numbers come from.
Um, you know, the my numbers include Fresh Fridays, but I'm not seeking to curtail Fresh Fridays.
Those are fine.
They're they're well managed.
They end at 10, they sh the teardowns end at midnight.
Oh my God, I'm out of time.
There's no enforcement in the code whatsoever.
I've looked at other cities.
They say first, offense is X, second offense is Y.
Here is nothing.
Zip.
I I I don't know.
It is 100% complaint driven.
So if somebody is in their condo and they just hear the thumping noise, they may call and there'll be a delay to the police department.
And by the time they come, maybe they're on another track.
No, I mean, in Sarasota in Fort Lauderdale, for example, at other cities, the police on the spot can enforce the code.
They're there anyway.
Now they are being paid by the sponsor, the special event sponsor.
Um I think, well, this I guess this isn't subtle, but I think the maximum sound levels should be in the code.
So when the when the experts come, let's put it in the code.
Let's not make it administrative.
No one has that.
That's ridiculous.
Um my suggestion is to take the blocks where we have special events and allow one per month.
So one per month, excluding the dids special uh fresh Fridays.
So it could be two per month.
But one per month outside of City Co-sponsored.
Chair Downcurfe already talked about that.
That's probably should be one o'clock.
We have to address that.
It shouldn't be zero.
Ah, we've got a lot of shell company.
We have a shell company does all our events.
Thank you very much.
Umler.
Hello, Mayor, Vice Mayor, Commissioners.
My name is Flo Entler, 37 year city resident.
And I think I've tied my time speaking in front of you in one day today.
I'm asking you to make sure downtown street closing block parties are truly special events, not routine, not something neighbors have to brace for month after month.
Which started as an adaptation to the pandemic has snowballed.
From July, same numbers.
From July 2024 through June 2025, downtown has had 24 nighttime block parties over 34 days, all with street closures, alcohol, and exceptions from sound rules.
That is a lot of disruption packed into a downtown.
We are an outlier when it comes to these sort of events.
For example, Sarasota has about one-ninth the number of residents as Miami, yet it hosts four times as many high-impact outdoors events and is twice as loud.
Sarasota has about one-seventh the number of residents as Tampa.
Yes, it hosts four times as many high-impact outdoor events, and it sets its decibel limits uh twice as high.
Sarasota has about one-sixth the number of residents as Orlando, yet it hosts four times as many high-impact outdoor events, and its mixed use in residential zones have loud louder decibel limits levels than Orlando's entertainment and this industrial areas.
In most Florida cities, if you close a street, sell alcohol in a right-of-way, or need a sound ordinance exemption, the city commission is involved.
Here, the same high impact events are approved administratively.
Residents don't get a real say before the street they depend on is closed.
Here's what I like to see in the revised special events ordinance.
One, call any event with a street closure, alcohol in the right of way, or sound ordinance exemption a high impact event.
Two, require commission of approval at least on the consent agenda for all of those.
Three, keep the number of duration of downtown street closing block parties low enough that they are truly special and not a steady source of late night noise for the people who live here.
We can absolutely keep our parades, our signature cultural festivals, our fresh Fridays.
But we shouldn't be the small city that's louder and more activated than Miami, Tampa, and Orlando combined.
Let's make special event mean what people think it means.
Occasional, well managed, and respectful of neighbors.
In essence, let's make special events special.
Thank you.
Thank you.
And Mr.
Lample.
Good afternoon, Jim Lample, downtown Sarasota resident.
Don't we all love this city?
That's why we're here.
We love the city.
We could live in Orlando.
We could live in Tampa, Miami.
Actually, many of those cities have better sound ordinances than we've been living through for the last five or ten years.
I want to congratulate Jennifer Jorgensen's staff for listening to our ad hoc sound ordinance and special event group.
It sounds like she took a lot of our recommendations into consideration.
So they're very reasonable.
I don't know if they go far enough, but they're a lot better than what we've been living through for years.
This morning's session frequently mentioned lots of support for the job of government.
That is health, safety, and welfare, health, safety, and welfare.
And this issue, I think, is defined by that statement.
Speaking for many downtown residents, we would appreciate you're also looking out for our downtown welfare as well as the North City.
They can both be done.
The good news is for revising the Sound Ordinance or the Special Events Ordinance, you don't need a lawsuit.
You don't need the city attorney as much.
So I think these are things that are doable.
We're asking for reasonable revisions.
It sounds like Jennifer's group has done a pretty darn good job of getting us closer to it.
And I want to thank you all for your attention.
Thank you.
Thank you very much for coming.
And we have two more people who have requested to speak.
John Bordeaux and John Harshman.
Okay.
Mr.
Bordeaux, you may begin whenever you are ready.
Thank you.
I was going to say good morning, but good evening.
Thank you for having me.
My comments relate to primarily the what's been defined as the high impact events.
Those are downtown, late night street closure and alcohol sales special events, similar to the St.
Patrick's Day special event on Lemon, which is scheduled for March 14th.
I think Peter and Flo's presentation sum up a lot of what I'm about to say.
Regarding the number of these high impact events should be a maximum of one per month, excluding Fresh Fridays and only for one night.
Three-day street closures should not be permitted.
As far as the team's presentation, that two events per month, that excludes Fresh Friday.
When you include Fresh Friday, we're talking about three events per month, almost one per week.
Regarding the event sponsor, it should be the entity that conducts the special event.
And the event sponsor should be permitted only one event per year.
There's an issue now between the event sponsor and the per and the entity that actually conducts the event.
Regarding the sound level of special events, I understand from the presentations that it would be 85 decibels DBA on the permit temporarily until Mr.
Polzak completes the sound analysis with a sound expert.
Regarding the ending time for special events, it should be no should be 11 p.m.
or earlier and cannot be overridden by the city manager, which has been done in the past.
Fresh Fridays remain at 10 p.m.
Regarding the proceeds from alcohol sales, it should be consistent with state laws.
The key point for the ordinance is that the city doesn't know what happens to the control to the alcohol profits.
The city, more importantly, has no tools to find out whether these special events with nonprofit alcohol permits are violating Florida law.
It's been suggested that I have suggested three additions to the ordinance.
First, that the relevant nonprofit with the alcohol permit be required to state under penalty and perjury that it will retain all net profits for the sale of alcohol at the event.
Second, the city be given copies of all relevant contracts between the nonprofit with the alcohol permit and any for profit pertaining to the event.
Third, the city should have the right to audit the net profits from the event at the expense of the applicant.
Regarding the residents impact by street closures for special events, high impact events, there needs to be greater influence of the residents' concerns, not simply one vote.
And what I heard described was that the condo residents will again only get one vote, regardless of the number of people in the condo impacted by the high impact events.
Regarding approval of the special events, I think it should be by the City Commission, as Peter has laid out, which is option one.
After all, the residents, us are the constituents of the City Commission.
We're not the constituents of the special events team or the planning department.
The City Commission represents the residents.
The residents are not represented by the special events team or the planning department.
So with that, I I would prefer certainly that option one be uh adopted and that the City Commission get involved in the approval of all high impact uh special events.
Thank you.
Thank you.
And Mr.
Harshman.
Thank you, Madam Mayor and Commissioners.
Um I'm John Harshman and I'm a city resident and I'm here for myself.
Um last time I was here and talking about this, I shared with you some of the comments from some of my tenants downtown.
And um uh full disclosure, all the tenants are either retail or office used, so they're not restaurant businesses or bars.
And again, I was out visiting with them last week, and they all tell me that they love the parades, they love uh the farmers market, and they love Fresh Friday.
So they are um 100 percent supporter of those events, and I think that they that they do get business from them from the from the pedestrian traffic that comes around.
Um there are a couple things in this ordinance that I'd like to bring your attention to.
Um, however, uh for some of the high impact events and regarding the litter, that does impact my tenants.
And um in here the ordinance talks about must-have cleanup in the permitted area, and if the permitted area is just along Lemon Avenue, we're having um St.
Patrick's Day coming up, and believe me, they will park east of Orange Avenue, and then walking back to the vehicles, the little darlings will leave the little presence along the way.
So I would I would like to have uh certainly for the high impact events to have the the litter control area expanded out so that they're covering uh uh a several block area around the event.
It's just common courtesy.
Um we don't need to go into all the details on that.
Um street closures also do impact our tenants.
Um when we leave it just up to the city manager, I don't think that really leaves the buck stopping where it should, and that's with the policymakers, and people elect you all uh um for that purpose.
So I would like to see um the uh discretion taken away from the city manager for the for the closure of streets and that to come back to the city commission so that we can have a have a chance to weigh in on that.
Um I'd like to you know talk about you guys have tough decisions to make all the time, and you're used to it, you've been around for a long time, um, and you're balancing it, trying to figure out what we can get that's gonna make it right for our community.
When we look at the balance, so we need to look at see what's on the different pans and what contributes to the weight of the pans.
And when I look at the downtown area, if we had no events but all the residents, we would still have a vibrant downtown.
If we had no residents and just events, we wouldn't have a vibrant downtown.
We've experienced that.
We used to have lots of clubs and and lots of restaurants and bars downtown, uh, but we didn't have any residents.
And it was a it was a ghost town during the day, and some sections would liven up at night.
So um I would encourage you to pay attention to the downtown residents.
They're the ones that live it.
They contribute heavily to our to our life to our vitality of downtown.
My tenants love them.
Thanks.
Thank you very much.
Um we have reached the point for Commission questions.
I'm gonna clear the board because I don't know if those are left over from previous or not.
So I'm gonna clear the board and everybody start over.
Okay.
Commissioners, if you have questions, please click in.
And Commissioner Albert, you're up first.
Okay.
Um I've got a lot of different notes on this.
Um, I guess we would go to my first note, which is on page 10 of 75.
Okay.
Okay, ready?
If if you go to option one.
I I think that would uh not only be too onerous for the event organizers, but I think it would unnecessarily clog up city commission meetings.
I don't think we need to see every single event.
The idea is that we make rules for what the events are and then have the staff follow those rules.
Hold on one second.
I'm sorry.
Um are you talking about the option material or the presentation?
Page eight of the ordinance.
Okay, I thought you said ten.
Well, it said on mine it's 10 of 75 because I have the um on you know I have the iPad version.
So Commissioner Hernkotch, if you look just at the ordinance itself, it's ordinance.
Yes.
Page eight.
Got it.
Okay.
So option two.
Um I don't agree with option two either.
Um I don't agree with limiting to two events per month when not in the same location.
You know, if it's if it's one's on Boulevard of the Arts and one is downtown, um, you know, I can see only two on Boulevard Varts or only two downtown, but it doesn't make sense to me when they're in a totally different part of town to limit it then.
It should be two downtown and two in whatever other areas.
Um I think that makes a lot more sense.
Okay, so if we go to the next page, and that's page nine or in the in my version 11 of 75, and we go to option three.
Um this limits events to one day.
And we have some events that are like the seafood festival was over you know a couple of days.
So we're saying that we're never gonna have any of those kinds of events in the downtown anymore.
I think option three does not include um JD Hamill and Gulfstream where those are limited to two per month, and that's generally where those activities take place with the Rocktoberfest and the Seafood Festival.
So those would still be allowed at JD Hamill and Gulfstream.
Okay.
And then um if you go down further to uh number three on that page, which talks about um only four events in Bayfront Park.
I'm not understanding why, because that's not that's not near anybody.
Well, it's near me, but that's probably more due to just the the logistics of the location and the parking.
Um that's about what we have now.
So we have two fireworks, we have the Suncoast Boat Show, and then the boat parade of lights.
Two of those are city co-sponsored.
So there is um an avenue here where we could actually add two more.
Um we don't have a lot approach us about that location just because it is such a such a challenge because everything has to be hand carded in rather than driven.
So we don't have a lot of interest in that location, but that does um give an opportunity for more than what's currently there.
Okay, then um as we go further down the number seven on that same page.
No special event activities excluding teardown shall take place after 11, with the exception of the city co-sponsored New Year's Eve special event.
And I think I read that wrong because I thought it said teardown couldn't go past 11.
No, the special event itself couldn't go past 11.
Okay, so that's that's reasonable.
I mean, I think some of them should go to midnight, but um, you know, I didn't want it to go to nine or ten because you're gonna have teardown done by eleven.
So that's my own fault reading that uh incorrectly.
Okay.
Um and this is page 11 of the ordinance number um what is it section 29.6-8 B.
I think we're we're talking about the events over 96 hours there, I believe.
Yes.
Yes.
And I I my note says that that was, it's sort of cleared up in the next paragraph, but I thought it should be explicit in paragraph B too, so that it's understood.
And I'm trying to figure out what was what I had there that was.
I'll have to look back at that because I know there just seemed to be, it wasn't clear like when I saw it in B, then my question got cleared up in C.
So I have to I'll have to look back at that and see what you know what I was what I was looking at.
Then if we go to page 14 of the ordinance option one.
I I like your idea there.
I think just doing a notice, it makes this makes sense for me to do that.
You know, it just seems again kind of onerous to be running around looking for trying to get signatures when you know, I mean most of the time they get the signatures, but it's you know, it's it's this having to go through another hurdle to be able to put on a special event, and I think the notice of the event should be should be adequate.
And let me see, let me look on my notes to see if there's anything else.
Oh yeah.
I think in the um, and I don't know where this is right now, but the St.
Armand's uh over 90, you know, the prohibition on something over 96 hours.
Page seven.
Page seven.
I think I must have skipped over that.
Since we're saying that anything over 96 hours has to come before the city commission, I don't think we need to have that prohibition in, you know, because it can't come, you know, it can't be done unless it comes before the city commission.
So I think that should be the same for both.
You know, should just be anything over 96 hours comes comes before the commission.
All right, that's all I have for now.
I'm looking at looking at my looking at my notes.
So thank you.
Who would like to go next?
I will.
Um this was not part of your presentation, but it's a concern of mine.
And I've lost my oh my gosh.
Oh page three of the ordinance in definitions.
There's a definition of event organizer.
And yet throughout the ordinance, there are different terms used for I thought it was the person who is organizing the ordinance.
So those different terms are used, for example, on page five, subsection three, six, seven, eight, fourteen, and nineteen.
I you don't have to write that.
On page 11, subsection D, in section 29.6-9, subsection D, page 14, option 1A, etc.
And it is very confusing to me because I think it allows for someone to say, well, I'm not the event organizer, but I'm the applicant.
And so the rules don't apply the same if you're not the same person.
And I think we need to look through this very carefully and be purposeful in our use of words, event organizer, applicant, and the other words that are used as well throughout the entire ordinance.
I have about 20 different locations where different words are used, confusing me, which will probably confuse other people as well.
Or maybe not.6 eight A on page 10 of the ordinance.
In section 29.6-8A on page 10 of the ordinance.
I've got to get the page.
Must obtain approval from the city commission.
Blah blah blah.
This requirement shall apply to both one time and recurring events.
So do the recurring events have to get the permission every year, or after they get it one time.
Is that it?
They can then they don't have to get permission anymore after getting it once.
The way that it's written is they would have to get it each time.
And I wasn't sure of that when I read it.
That's why I'm bringing it forward for discussion.
Does everybody else see it that way?
I which I don't agree with either.
And our legal people, you see it that way as well.
Okay.
Okay.
So I have other questions, but I'm everything is so mixed up on my pages right now, I can't continue.
I'll come back.
Commissioner A.
Hern Cos.
Okay, thank you.
First of all, I want to thank you all for working so closely with the community and with all the different um pushes and polls that are going on here, all the input you've received.
I know I I find it um it is confusing.
It is confusing, and we're trying to accommodate everybody and take everybody's considerations.
You know, so thank you for really for working with the community on all of this.
Um not being too restrictive and also you know, taking everybody's comments into consideration.
On the um, so I have two sets here.
I have the ordinance itself, and then I have the presentation.
I'm gonna go by the presentation because it basically laid out the changes, I believe, that you wanted us to address.
So for me, the first one on the security deposit, I'm okay with the language that you suggested.
On St.
Armin's Circle, um 29.6-5, um, that item there, you have option one and option two.
Um, did anybody from St.
Armin's Circle, the merchants and or the residents uh reach out to you with a recommendation for either option one or option two?
No, we didn't get any feedback from anyone on those options.
Okay.
What are um so anything over 96 hours must come to the city commission anyway?
So then what is the purpose of option one?
It's just to state it or um option two closes that uh possibility completely 100%.
Nothing could ever come be more than 96 hours.
Correct.
So if it's over 96 hours, even the city commission can't approve it.
So this would say that if it's over 96 hours, it has to come in front of the city commission.
Let me ask this.
Um have we ever had anything on St.
Armand's over 96 hours?
Not on a special event permit.
There was the winter winter festival.
Festival on a usage permit, I believe, several years ago.
That didn't close streets, did it?
No, this is specifically for parks, just parks.
Streets are limited to 72 hours already.
Okay.
Yeah.
So I don't understand how that happened, but that's fine.
The nuance of it.
Is that the only thing that's ever come before the city commission?
Yes I mean ever that was ever found.
From what we know.
Okay.
Um I'm inclined to to to do option one on there just because I think it's a safer bet, but you know, I'm open to commission discussion on that as well.
Um the um next item, you have option one, option two, and option three.
Um a lot of the residents were referencing high impact events.
You've defined everything that they said in this ordinance by what is high impact closure of right of way, alcohol permit, um, what was the other one?
Sound permit.
Sound permit.
So this is in essence we could call this high impact in here, correct?
Right.
Yes.
Okay.
So option one comes before the commission.
I understand um Mr.
If it if everything has to come, but yet on the other hand if it's high impact, maybe it should.
I'm just using that term high impact.
Is this something that could be that was the suggestion was made to put on the consent agenda to make it easier in case there's a an issue it could be pulled and spoken to if not then it would be on consent and that that would make it easier timing wise.
If we went with option one I think including in that the option that it could be placed on a consent.
Having it on consent would make it quicker to approve.
I think we were talking about the length of time it would take to get it on the city commission agenda to begin with, not necessarily how long it would take to get approved on the day of the city commission meeting.
Right.
So all the the prerequisite that would have to be done in order to get it on time to get it published on time.
But if it were on consent then that would could be something that could be added and we wouldn't have to consider you know I mean there's um always a a lag time for anything of two weeks because of the notification right but um which is important right it's important that we have time to read all this stuff.
But if it were included on consent it wouldn't have to be a consideration like today's meeting like look how many things we have and it's almost six o'clock at night and we can't overload that meeting so let's put it three weeks from you know the next one, the next one, the next one.
Right.
And I think we agree that it could be on consent because the time the the logistical timing of it is not a concern of how long the city commission meeting takes or where it is on the city commission agenda.
It's more that in order to get something on the city commission agenda there is some lag time like you said it has to be um uploaded to our system two weeks before to get the notice out.
Then prior to that the event organizers would have to have all their document documentation done.
Our documentation processes they have to send the the um applic application to us we actually submit it depending on what kind of event and the high impact ones would have to get submitted internally they would have to be approved by SPD they'd have to be approved.
So there is quite a long logistics process to get all of our special event permits approved.
It's not just the special events team that approves them.
They go through a pretty um uh pretty large task throughout the entire city com or throughout the entire city to get them approved in addition to that since there's a temporary alcohol permit that temporary alcohol permit is applied for and received from the state so there would also be a a a delay to get those approved from the state before all that can be put on the city commission agenda.
So we're looking at it in totality not just whether it's on consent or not.
Okay.
And then my last comment is about um some of the city co-sponsored events and some of the items that you had in here but I'm out of time so I'll reserve that.
Did you have anything?
Yeah I I guess uh I I wanted to ask what's considered um high impact that's that's not a definition that we have in here we do have some events that have the right of way closure with a sound permit and an alcohol permit that I would say could maybe fall under that definition but there's others that that don't they might have a much smaller attendance for example there was an event at um tweeds they had a Christmas party that would technically fall under this because they had a right of way closure, a sound permit and an alcohol permit and I think they had less than 200 people.
And most of it took place indoors but it would still fit under these definitions so that's why we didn't use high impact on our definitions.
Okay.
And then um when when drafting this did I mean where did you I mean did you go to other municipalities and so on so and I asked because like I did some some Googling or whatever to check information that was given here in the dais, you know um particularly when they say you know Sarasota has what two, four times as many events as they do in Tampa.
Says right here, no we don't you know Tampa has far more events than we do.
I did Orlando or Lambo Orlando has far more events than we do.
And uh whether or not this how when does the city commission chime in on uh on voting for events and so on.
Different municipalities define it in different ways, but there is in the backup material the spreadsheet that we did on all the different cities and that goes through what's actually in the ordinance versus what's in policy, what has to go in front of a commissioner council, what is just that administratively, and then it also talks about the street closure notifications.
That's all in the chart in the backup material.
And I don't I don't have that in front of me.
But we did quite a few cities.
I think the proposal that has the three options that's basically high impact events.
And it's defined by, you know, having alcohol, sound permit, and street closures.
So those three things are potentially triggering the three options you see in there.
Okay.
Which is city commission approval.
So you know it's not using that term high impact, but that's essentially what it is and probably synonymous with with other municipalities definition.
So it's it's those three things sound, street closure, alcohol.
Okay.
And and thank you for that.
And then when when considering this, you know, like because we you know have you know uh residents here that that uh live downtown and it's a limited number.
You know how do we come come by this when we have so many participants in these events and so on and there are a number of people that live downtown I mean how do we even how do we come up with the options?
Yeah how do we come up with the options how do we even draft draft this the ordinances or whatever because of course they can't represent everybody you know and and that's what I'm I'm saying.
Should I remember back in the day should they think that is bad now I was playing basketball on Main Street when they had hoop it up and there was a basketball hoop on every block on Main Street.
You know this is like what in the late 80s, early 90s and you know or whatever then you had Thunder by the bay, you know, all of these these types of like uh events that you know all the citizens and residents and whatever they live downtown, you know I just want to know how we come up with the you know these these types of things.
Well the options that are in the ordinance today to give you a little bit of background when we first started looking at bringing the special event ordinance changes we were looking at just clarifying some items in the ordinance, codifying some things weren't in there.
And when we started doing our outreach to residents and to some of the organizations, they had expressed that they were concerned about how many what they deem block parties were being done in downtown.
So after having meetings with quite a few residents, having uh town halls, we tried to address limitations on the downtown area and that's what we brought back for first reading in November, which was basically just trying to limit the downtown core area and there was some um concerns that that didn't go far enough and so based on the the um ask of the City Commission at that time we tried to take it a little bit further than our first try in November and that's where these three areas came from.
Now specifically to what Lori said she and Jim and her their team did a tremendous amount of research on what other cities do I will caution not all cities can be compared to because um what is defined as high impact that does that mean the number of people that attend the event as Lori stated we could have an event that has alcohol sound and a block party but is very small attended.
They don't have a big stage so I I want to be careful that we aren't defining our based on other cities who may have very different kinds of events.
The other thing with our other cities a lot of the cities that Lori and Jim and their team did research on don't have a special event ordinance.
They have policies and those policies define things differently.
Ours is specifically in in an ordinance and so we want to try to get it right in the ordinance where we are listening to everybody who's provided us feedback but we want to make sure that we maintain a downtown that has events that that come in and out of it as well.
And so the three options were listening to the city commissioners, listening to the residents and then doing research of other cities and trying to make that work for the city of Sarasota.
Um that type of thing, especially when we start talking about decible sounds with you know with base and you know how that works and what we're doing to try and help.
Because like I said, I I totally feel for for anyone living in that area last year with was it there to dead.
I mean, that was five events, you know, like back to back to back to back, you know, for these people and um and uh you know I thought that was completely unfair, you know.
Um so I'm just trying to get to some sort of happy medium in terms of everyone being able to get what it is they want in and enjoy these events in in our downtown core and and respect, you know, the the the uh um health, safety, well-being, and quality of life, you know, those even if it's you know, we always say, man, this it's just ten people, you know, still, I mean, those ten people still have have rights as well and whatnot.
So um that that's where I'm I'm just trying to get to.
So I still have to go through these options and find out what which one I think I'm comfortable with.
But thank you all.
Thank you.
You have so much in here that it's it's like difficult to get a grasp on it.
Um of my concerns about um requiring the City Commission approval for more than exceptional events is we only meet uh 21 times a year.
And so we're on hiatus throughout the month of June, so it it seems to me there may be problems just getting an event approval on the schedule in a timely manner uh if there are these other boxes that have to be checked before it can come before the commission.
So if we lean toward requiring commission approval, um maybe it would be a good idea if you revisit what approvals you need otherwise.
I mean, it may be, yeah, we'll go for the commission approval pending uh the state alcohol license or or whatever else.
So it's like, you know, we can go for commission approval, but it won't go into effect unless we get those other boxes checked.
But I I would hate to have somebody, you reach the point where they're gonna have an event in September and June comes along and the commission hasn't, you know, met on that item yet.
So, you know, think about that.
Um other concern is notification of the public.
Um and I'm a uh you have in a couple of things where it's an event with street closures.
There's one group of the public that needs to be noticed, and the events that are in a park, it's a more you know, it's more expanded group of the public, so you know you have to it would be nice if it was consistent, quite frankly, with street closure.
I would like it to be what you have for the uh park so that it's anybody within 500 feet needs to be notified.
Uh well, I want to clarify the one that has the notification of 500 feet, that is if anybody is asking for a street or a uh special event that's going to be over 96 hours.
And so the reason why that's specific to a park, as Lori said, there's already an ordinance that says if you're going to close a street for more than 72 hours, you have to follow all of these rules, which are exactly the same regulations that are in our new street or um special event closure of 96 hours or more.
So the reason why we did that is because the 72 hours only applies to right-aways.
But then if somebody wanted to do an event at Payne Park or at Five Points or at St.
Armand's, which is in a park, and they want that to be more than just three days, we didn't have anything in the ordinance that basically required them to do all those additional steps, like provide notice for 500 people or 500 feet within.
So they are consistent with the road closure.
Well, my question my concern is people one block away.
I mean, imagine this building were your home, and there was a special event request to be on Lemon Avenue next to the bus terminal.
We would not get notified because we are not on Lemon Avenue.
But you know, if I lived in this building, it would be important to me to at least know that this is coming.
So that's why you know I'm really concerned about making sure that the public is aware of a special event permit pending or you know.
So our concern about um making all special events follow the same requirements of a park that closes for 96 hours or a street that closes for 72 hours is those are those are very unique situations where they're going to be um impacted for a long period of time.
And so we're okay with asking an event organizer to do extra steps with extra cost associated, like sending you know mailing notifications to every single person within 500 radius.
But if it is a special event um that's only going to be for one night and they follow all the other requirements in the ordinance, asking an event organizer to to do a mailing to um every single person within a 500-foot radius, we felt was a little bit onerous for just a typical special event.
But that's why we also um have included that notice requirement.
If there is a road closure that isn't more than 72 hours, then we are asking them to go to those impacted properties and um either get a signature, that's one option, or just do the notice.
To your point, that only applies to the impacted residents per the ordinance.
But we are doing other things to try to get notice notifications out there of special events, such as the newsletter that anybody can sign up for, you would get that newsletter and know of any special events.
We post all of our special events on um our website as well, so anybody can go there at all times.
So we're trying to do more and more to get everybody um notified of special events, but we just don't want to put so much onus on an event organizer when um they're just holding a special event maybe for one day.
Okay.
I'm I'm just a little bit concerned about your definition of impacted is very narrow, but uh going along with what you have in the ordinance, um my concern is you include notifying the condo association representative, but you have nothing about notifying the landlord of a multifamily rental building.
So the people who rent don't get notified.
Um even with the condo association and the rental building, I would recommend instead of just mailing it to the representative or the manager, include a notice on that notice saying, please post this notice where your residents can see it, whether it's like at the mailbox or whatever, so that the residents know, not just the management.
So that that's my rant in terms of renters' rights.
Um but then the other thing I had a concern about, and I was the one who had the alternate map when we met before.
Um I'm very interested in somehow encouraging special events to be spread out in the area, not just in you know, the favorite location.
And I see the advantage of the map that you have with, and I don't it was that option two option two.
I see the advantages of that, and I understand why um Commissioner Albert doesn't like the idea of having allowing two per month in those things areas, but if you allowed just one per month in those areas, it is allowing three special events with road closures in a month.
Um I also had a question about um uh well in a month about uh Upper Maine are will is will they be eligible for having uh street closure, you know, uh what everybody else is calling a high impact event because they are not one of these green areas.
If you're not a green area, do you not have the ability to have one of these?
It depends on which option.
So if it was option one, they would come to the commission, right?
So if it was option two, they would not be able to, unless they came to the commission.
They could still come to the commission.
Um option three, that's outside of the boundary, so they could apply for that and potentially uh get approval administratively.
I've never had anyone apply for that, so it's it's a possibility.
We only have art shows on Upper Maine uh twice a year currently.
Well, right now we are upper Maine is being developed, which is why nothing has been happening there before, but now we've got you know, acid and lynx and sprouts, I could imagine Sprouts might want to have some sort of a fresh produce festival.
But I I don't want to make it too difficult to spread the events out so the problem everybody's having is they're cut so concentrated right now.
So, you know, let's let's try to spread it out.
Um I think was there something else you gave us an option on that you wanted feedback on?
Um that's my time.
So um Commissioner Albert.
Okay.
Um one of the other things I wanted to address was the um, as Mr.
Tuckman said the turnaround time.
Uh when I saw that in the ordinance as well, I thought uh an event organizer has to know before 30 days before the event whether they're gonna be approved or not.
Is there a way to make that a longer time frame?
Because you know, there's a lot of stuff, as you know, you do special events that they have to deal with and even just to get notice out and publicize it and all of those things.
That's why a big part of it is to limit the applications to 60 days in advance rather than 30, because right now we can accept applications up to 31 days in advance, which is really difficult.
That's you might want to do so.
Once we extend that out to 60, we have been able to uh really talk to our event organizers, and a lot of them are applying earlier so we can get it out to the departments earlier.
Some of that is at the mercy of the other departments and at the state, you know that we can't give them a fully finalized permit, but we'll have a pretty good idea if an event will probably get final approval or not, and we are pretty open about that.
We think it's gonna go forward or not.
Um so it just depends on them supplying everything, and that's not always in their control.
Um, but they do a really good job at getting ahead of it currently, and it's gotten it gets better every every month, basically.
So and and also I'm looking looking at your uh backup material that shows you know what's the what the requirements are in in other cities, and it looks like an awful lot of them have no restrictions on the number of events, and they don't come before the commission either.
So just wanted to to note that, and that um Tallahassee has over 300 events per year as compared to 24.
So we have about 90.
Um we have about 90 per year.
Um the 24, I don't have the 24, so we have 28 events with a street closure, sound and alcohol in the last fiscal year.
Ten of those are city co-sponsored, which are nine fresh Fridays, and then New Year's Eve, so we would have had 18.
Right.
Uh but this year we're already down to just 11.
We've had a sharp drop in the type like the block parties, we're not having as many.
I don't think we've had any that aren't city co-sponsored since October.
So, you know, maybe it's not even an issue anymore, and there are 365 days in a year.
So even if you have 24 over 34 days, that's there's you know 300 and what 30 other days in in the year.
So I it seems to me, just with all of the questions and the and you know what we're doing here.
I don't think this is ready to for prime time.
I think we're still gonna have to maybe have you know more one-on-ones with the commissioners, maybe you know, I don't know, talking with the community, but I just I I don't at least my sense is that I don't think the commission has enough clarity on what they want to have happen here or agreement to move this forward and you know, maybe go to another first reading and see what's Mayor, if I may, sure.
Um I think the concern for the special events team at this point is in order for us to we we we probably need some direction from the city commission on if we are trying to restrict special events or not.
Because all the options that we've brought forward, the options we brought forward in November and the options that we brought forward today are trying to address different individuals or different residents or different businesses or different community members who want something different.
And the three that we brought today, we're trying to do that from our November meeting, meaning we're trying to restrict special events in downtown.
Not everybody wants them restricted, but this was our attempt at trying to restrict them, is to bring three options back to say either they all come to City Commission, or there's very specific locations where the special event team feels it makes sense to have events that can be administratively approved.
Anything outside of those would have to come to City Commission.
So again, we're trying to balance the residents or the community members who want everything to come to City Commission with being able to move forward with some special events in the areas where we feel it's the least impact.
Um then the third option was again trying to expand that a little bit to say instead of having just these ten locations.
So I think for us to come back, we we're struggling with another way to restrict these.
So I think we would need some direction to understand are we trying to restrict these or are we trying to just move forward with the number of special events that we currently have?
If that's our direction, then we feel like we could come back with an ordinance to say this is what we would need to keep the number that we have.
Yeah.
If I may um they came to us with three different items where they gave us options.
I'm wondering do we at least want to give them the sense of the commission on those items, and then there were other things that we felt needed to be addressed, especially you know, things that were brought up by the residents.
Um so the way I see it is that there are seven items that they have brought to us.
Um three of them are have an option.
Uh I have some more questions, but I'm okay to go say number one is security deposit, number two is St.
Armand's, number three is redefining the location.
Number four, number five, number six, number seven, and I have a suggested number eight.
But um I'm okay to go that way.
And whether the it is yes, no, or continue, as Commissioner Alpert suggested, there may be some of these where we want to continue the item and have discussion.
And some are ready to give direction today because we feel clear on those.
That's my suggestion.
So um and and even as we go through, you're not using my time yet.
So um so um are you interested in going through the seven across the board?
No, you don't want to.
Well, I'm just looking at the time and we've got a quasi-judicial hearing.
We're gonna spend another hour going through those seven.
Well, then turn to the question Do you feel that you have gotten enough information from our discussion that you can move forward?
No.
No, we don't.
Well, what what about okay and make a suggestion?
What about with the three options?
Can maybe vote on between those three options or a fourth option?
Or or the others.
Or the others that where we don't have an option, are we okay with the suggestion of staff?
That could be a start.
That'd be an easier discussion to have.
Like, is everybody okay with the security deposit suggestion that they made?
Yes or no?
I mean, that's that's an easier one than it is the options.
I see us debating the options much more than the easier ones.
Do you want us to go through the ones that don't have the options?
Well, um I I do actually have a couple more questions.
Okay.
But are they related to the eight items?
They are related to the eight items, yes.
Because I only got through three of the eight, and or there's seven.
Mine is an eighth, but is there does she have more time to ask questions?
Yeah.
I have only had one round of questions.
Well what I was going to suggest is let them go through the PowerPoint with the item.
And that would be the opportunity if we have another question before giving direction.
Okay.
Is that I'm okay with that?
Yeah.
Yeah, but there's still a lot of other things that I don't agree with.
But I can get direction on those, but that doesn't mean I have agree with the others.
Right, right.
I agree with you.
Okay.
At least we can give them some direction for the next go round.
Yep.
Okay.
Okay.
So your first one.
Okay.
So the first one, the security deposit.
We are adding language that just says which may be refundable as described in the special event permit fee resolution.
Could you direct us to a page somewhere?
Page four?
It is page PowerPoint number four.
Oops.
So if you go to the PowerPoint section, the backup number four.
Okay.
I have no questions, and I'm okay with it.
How's that?
Okay.
Commissioner Alpert, how are you on that?
The security deposit on fine.
Okay.
So it seems like we're building on that.
We're not going to be able to do that.
Just talking through it.
Just talking about it.
So I'm good.
We're good on that.
So on the very next slide, slide five, the St.
Armand's Park.
Now there's two options.
So do you want me to forego this one?
No.
Option one.
Oh no, I mean option two, correct.
Oh, I was gonna say.
Wow, okay.
We agree.
Option two, strike it because it's not necessary because it's handled later in the ordinance.
Why single out St.
Armands when it's the same thing, whether it's St.
Armand's or not?
St.
Armor.
And I go option one for me.
Okay, so then now we so I don't think they're too.
Yeah, so this one maybe needs discussion.
So bring it up.
Maybe not that much, but maybe.
Yeah, it doesn't sound like you have a consensus on that one.
Okay.
So my question is when we bring this back, it would just be for discussion purposes.
Our rec our staff's recommendation would not be to make any changes to this.
We would bring back the exact same two options, but it would just give more time for discussion if we bring it back, continue it.
Okay.
Okay.
Okay.
So then starting on pay um slide number six, these are the three options for the location restrictions.
So we're going to need to bring those back.
And we can't do that.
We have three choices.
So what would what are our choices here?
It's on page four.
All the way through to page um, so yeah, my my preference.
Map uh keep go forward.
Security deposit go forward.
There.
Is that 11?
Oh, sure.
Oh, okay.
Yeah, no worries.
So what just run through what is everybody's preference of options.
So mine's option one.
Uh but I I'm also interested in option two.
My preference is option two.
Okay.
Um I don't mean to write, but Jamise is going to have a hard time doing these minutes because you guys are all over the place.
Everybody's over talking each other.
We don't know who's saying what.
We don't even know what you guys are even talking about right now.
So we don't even know where the pages are.
I we need to, we're gonna do this.
We need to one at a time, take turns, just slow down.
I know it's late, but right now I I don't think nobody knows what you guys are talking about.
I think we have confusion where the pages are.
Okay, page eight of the things.
Thank you.
I was thinking you guys might leave it.
One, two, and three, page eight of the ordinance, as it is in the backup material.
There's uh the three options.
So option one, every event that has right-of-way closure, sound permit and sale of alcohol comes to the commission.
No.
No, no, we're we're on page 14.
No.
Can we um can we just to be consistent?
Could we go to the slides?
Yes.
Yes, please.
So if we go to the slides of the backup material, go to page six of the slides.
Okay.
The slides are numbered at the bottom.
And it is slide six, is where the first option for redefining the location restrictions are.
Some of them are numbered.
All right.
Does it do it start like say on a circle?
Whatever.
Okay.
It's um if you guys are looking at the slideshow, the section numbers may help as well.
So it's section number 29.6-5.
Excellent.
Excellent.
Okay.
I'm going to put it on the over here.
Redefine location restrictions, right?
Little Jennifer.
Okay.
We'll just do the L.
So option number one is bringing all special events that have a road closure, alcohol, and sound permit to city commission.
Option number two.
I'm going to put the map because it explains it better.
Any of the locations in green?
The special events team can administratively approve.
Anything that is outside of those green areas would have to come to City Commission for approval.
And option number three.
Anything outside of the green box falls under our current ordinance, which is the city the special events team can approve it as normal.
The restrictions just fall within the green box.
Would you repeat that?
Any special event that falls within the green box has to fall under the restrictions, which is only two months, no consecutive on adjacent locations.
Special events team can go ahead and approve those if it meets those requirements within that green box.
Outside of the green box, the special events team can approve it without any restrictions.
Thank you.
And do you want us to tell you which option we prefer?
Yes.
One at a time.
Three.
Two.
Two.
Three.
Three.
Okay.
So at least you can get rid of one.
I'll just keep putting them up on the Elmo to be clear.
So the city co-sponsored.
We are requesting removing limited to two events per year.
And it currently doesn't have this requirement, just so everybody knows, this um ordinance is brand new.
We've never had this ordinance.
We're codifying how the city co-sponsored events are approved.
When we were here in November, we had included a recommendation that you limit the city co-sponsored events to two events per year per organizer.
And there was discussion at that time that that was too restrictive.
And so we're removing our recommendation is to remove that, meaning that an organizer can request more than two events per year to be a city co-sponsored event.
They still have to meet the rest of these requirements though.
And so are you now asking us to say yes or no to this?
If you are ready to do that, yes.
Is that is it common for a single uh event organizer to request more than two events per year to be co-sponsored?
No, but this would really apply to Fresh Fridays.
They're not currently on the resolution, but if they get added to the resolution, this would have limited them to two.
And we forgot about Fresh Fridays when we were doing this because they're not on the current resolution.
So this was it we don't have any more repeats with more than two.
Yes.
Um for me, I this was where I still had a question to ask about if there was a suggestion made about the nonprofits, if there could be language added to that that would say something like the net profits from alcohol sales goes directly to the na nonprofit.
And that was where I just was taking some suggestions from the community.
But otherwise, yes, but I I still think that needs a little bit more for me, which could happen between second first reading and second reading.
Um we can have that discussion when we bring it back.
Um it is not staff's nor legal's recommendation to do that type of due diligence.
Um that that temporary alcohol permit is a state requirement that is based on a state statute.
Okay, and the city should not be interpreting the legal requirements of that.
Um what happens to those?
We actually had a conversation with our auditor as well a while back.
Okay.
And again, he did some due diligence that any special there's a lot of cities that do special events, and nobody was auditing their event organizers to track the funds.
And so that is not a recommendation that staffs make.
And that's another entity that audits those.
Is that what you're saying?
Yep.
Okay.
Thank you.
Thank you for that clarity.
So we've got one yes, two yes.
Yes.
Yeah, I can support this.
Yes.
Yes.
Okay.
And then the final one is the notice of the two-thirds sign-off.
So the first option that we are asking is to remove the current requirement that of a two-thirds sign-off when there is a right-of-way closure, two-thirds of the impacted residents currently have to sign off.
And so we are asking to remove that because there have been a lot of discussions and confusion about impacted residents, who should be signing off.
So to remove all of the confusion, we're just saying you don't have to have a two-thirds sign-off, but we are ramping up the notification.
Mayor, we've heard you on you know, not just limiting it to the condo representatives.
We could definitely add language in there that talks about rental units as well.
Thank you.
So the second option is to keep the two-thirds that we have now, but again, we've added some additional notice requirements on that one.
Option one.
Option two.
Option one.
Option one.
Option one.
Did you think?
Yeah, I had um the sound ordinance piece of it that you had discussed, and whether um we you you do the 65 or the 85, I'm sorry, and keep that uh per what we have now and wait until we get the sound study done and then adjust it at that time was my uh item number six on here.
So that's on the current sound permit, it's not in the sound ordinance.
Uh yeah.
I just want to clarify that.
Right.
Okay, yeah.
So that was an item for us to discuss and talk about, and I'm okay with it.
So the so when we were at in here back in November, we already got approval from city commission that the city manager could administratively approve that, so we've already put that into place.
Right.
And would you give us the new decibel figures?
Yes, 85 DBA, 90 DBC.
Except on a couple locations, the Bay Park, Bayfront Park, Robart's Arena, JD Hamill, Pain Park, those stay at a hundred decibels.
And so I can't believe the city manager chose those decibel levels when I gave solid rationale for the DBC to be lower than the DBA.
I know a lot of municipalities have it higher, but everybody complains about the base.
And well, I can take the heat for that, Vice Mayor.
It is not Mr.
Bullock's fault.
Um that was a recommendation that I made to Mr.
Bullock just based on our current sound ordinance, which has the DBA lower than the DBC.
So that's why we did it because we wanted to be consistent with what's already in the sound ordinance.
Um then one more item for me, which was um my item number four.
Um, and that is on page 11 and 12.
And this is where I also did not get to ask a question.
It's item you have two, three, four, five, six, seven.
For me on number seven, which talks about the um no special event activities shall take place after 11 p.m.
And that excludes the teardown.
Um my question was going to be and also a suggestion could could there be um an end time for teardown as well, included in that language so that teardown doesn't go until 4 a.m.
The event ends at 11, but the you know, tear down.
So the reason we didn't include a teardown um time is because as soon as the event time ends, which would be 11 o'clock if we move forward with the current um ordinance recommendations, then the event teardown has to comply with the current sound ordinance of 65 decibels.
Because the second that the event closes, your sound permit also ends.
And so we felt there's no need to put a teardown time frame because they are that event organizer is held to any other um sound that's happening on the street at that same time.
And if we put a time of the teardown, you're holding them um to a higher standard than anybody else who's dropping off a truck full of food at two in the morning or three in the morning who has to still meet the sound ordinance.
So that's why we didn't put a teardown end time in time.
Understood.
Thank you.
Okay, and my last one.
Which was um the comment that was made about litter.
I have noticed that the city has could use some more garbage cans.
Um in the walk from my house to here.
I think there's exactly one garbage can along the way.
So within the city, I think as a whole nother discussion, we could we could talk about the placement of garbage cans.
Did somebody else have questions?
I have one.
Okay.
Do you feel now like you have enough direction to come back to us with second reading on this ordinance?
Still number first.
Mr.
Melanik, would you recommend it be first reading?
Or we could take the recommendations that they had given and bring it back on.
I I still think we need to come back on first reading.
Yeah.
Well, I mean we're almost there.
If if if you wanted to just vote on the things you've already stated, I don't think we would be taking it.
No.
No, no.
Okay.
Nice try.
I'm trying to, you know.
I did have one more thing because a lot of people raise the question of enforcement.
So could you beef up the enforcement in there?
Um I think the question would be enforcement of which part.
Because if it's enforcement of the sound ordinance, um we can talk to SPD.
We can talk to our um special event monitor, and we can talk to them about um if they feel like the noise is above the the um decibel levels that's allowed.
We could talk to the city attorney if they felt like the monitor, the SPD could um file that citation.
I won't I can't answer that right now.
I'd need to find out what our restrictions are for that.
As far as enforcement of anything else, our special events team works very closely with our event organizers.
If they don't shut down in time, then there's for example their security deposit is kept.
And that has been pretty um that has worked as an enforcement for people to um make sure that they're following the requirements because they don't want their sp their um security deposit to be kept.
So we feel like, besides maybe the sound issue, the enforcement of all the other areas of our special events are done very well.
Well, litter possibly, litter was mentioned, maybe expanding where they are responsible for litter cleanup.
And the other thing that was probably mentioned was alcohol related.
So I think we have to bring the alcohol back because we do have concerns about again monitoring a state permit and and um interpreting a state statute as it relates to whether somebody is violating that.
As far as the litter, I think we will absolutely enforce the ordinance that we have in place, which is if they don't clean up the site permitted area, we would enforce it by paying ourselves to clean it up and then charging the event organizer for that.
We can bring this back on second reading or on first reading for discussion.
Our concern with expanding the litter area is there are other businesses that are active during any time of a special event.
And so if somebody is walking to and from their car from the special event area, there might be three or four bars that are on the way of that.
And again, we don't want to hold our event organizers to a higher standard than any other business, because we don't know if that litter is coming from somebody leaving the bar or somebody leaving the uh the special event.
So we thought we'd start with within the special event permit area.
Great, thank you.
If if there are no other questions, we could have a motion to continue and come back with the first reading.
Move to continue first reading.
Okay, close the public hearing.
Uh closing the public hearing and asking for a motion.
Move to continue to come back on first reading.
Second.
Okay, move by the vice mayor, seconded by Commissioner Batti to continue and bring back for first reading.
Thank you.
Thank you.
And are we ready to vote?
Yes.
As our answer.
It'll be roll call.
Um Aaron Class.
Yes.
Alpert, yes, Betty.
Yes.
All right, yes, yes.
Okay.
And the passes unanimously.
Thank you very much.
We still have a quasi-judicial to start.
Do we want to take a ten minute break before we start?
Oh, you do.
I'll take a nap.
Okay, it is what time is it?
Apple time is six forty-two apple time.
Five.
I mean, six fifty-two.
Perfect.
Okay, six fifty-two.
Apple time will return.
Welcome back.
The regular city commission meeting is back in session.
And the next item on our agenda is a public hearing on proposed ordinance number 25-55 79.
And uh Ms.
Griggs, do we need to um administer the oath to anybody who just joined us?
Is there anybody who has not received their oath or that's going to speak to this item?
Okay.
Do you swear if I'm to tell the truth at this public hearing?
Public hearing held tonight.
Thank you.
Thank you.
And with that, I will open the public hearing and call upon the city auditor and clerk to read the title.
Thank you, Mayor.
Ordinance number 25-5579.
An ordinance of the City of Sarasota, Florida, to rezone that certain parcel of real property, totaling approximately 1.27 plus minus acres, located on the south side of Alderman Street, bordered by Hudson Avenue to the west Pine Tree Lane, to the South and Road Place, to the east from the residential multiple family five RF RMF 5 zone, District to the Downtown Edge, DTE Zone District.
All is more particularly set fourth hearing provided for reading by title only and providing for an effective date.
Okay.
Thank you.
I will call upon the city attorney to that's a list of things.
Explain the quasi-judicial process, including time limitations for applicants, uh request commission decision concerning the recommended time limitations, review requests to qualify as affected person, and request to cloak disclosure of committee commissioner et exparte communications, if any.
Thank you, Mayor.
I have our uh Pellet attorney, uh Jay Daniel, who's been waiting patiently.
I'm gonna ask him to uh ask him to take over.
I have a wife and two daughters.
Waiting patiently is a I'm accustomed to that.
Uh Madam Mayor Commissioners, thank you for having me again this evening.
You all have been through the quasi initial process many times.
I can briefly explain it.
Uh in this application, you are required to make a decision uh based on the evidence before you tonight as opposed to the criteria and compared with the criteria uh contained in the city's code of ordinances, it's land development code.
That differs from a legislative hearing where you're making a policy-based decision.
This is evidence-based.
Um so we're going to hear from our applicant and our city staff and our affected persons to determine what that evidence is, and that way you can make your decision.
Um I have a sheet about the first thing that I would like for you to do first of all is to disclose any ex parte communications that you've had on this application.
Are there any?
Not a good question.
Yes.
Um I did a site visit ages ago when this was supposed to come before us the original time.
Um so I did a site visit with staff, and I have heard I've attended some meetings of a variety of neighborhood groups who have discussed this, but um I didn't participate in that discussion.
It was just listening.
Um then uh yeah, and then that that and that was mostly amongst the Laurel Park board members.
Thank you, Commissioner.
Based on the communications that you have had, are you able to render a fair and impartial decision on the application this evening?
I am.
All right, very good.
Thank you.
Um Madam Mayor, we I I was handed a sheet that has some um time limits on them.
Um the time limits are within you all's discretion, so you can use what I have in front of me, which are um 20 minutes for applicants and staff, five minutes for affected persons.
Uh three minutes for public comments and rebuttal, and then your ordinary time limits for your rounds of questioning.
Um your rules of procedure say that you can assign time frames based upon the complexity of the application.
So if you wish to modify those by all means, please do it.
You've been here for a while today, and God bless you for your persistence and uh and diligence.
But uh I don't want to comment on the complexity of this application, but I'm going to anyways.
This is not that complex, so you may not want to give 20 minutes and you may wish a shortened time.
It's totally up to you, though.
Okay.
Five minutes is fine.
Um is everybody okay with the regular recommended 20, 25, and three.
If I may I be very unlikely to use my 20 minutes, but if you give it to me, it's just yeah, yeah.
It's very doubtful I'll use the entire thing.
If you are finished before 20 minutes, please do not feel to stretch it.
I promise.
Okay.
Um so then the request to qualify as affected persons.
We have five four people who requested to be affected persons.
Yes, you might want to name them.
Do you wish to read the names or shall I?
It doesn't.
I don't have I can, it doesn't matter.
But you want me to do that.
I believe I believe the affected persons who are president are Mr.
Cashin on behalf of the Laurel Park Neighborhood Association.
I believe we have Mr.
Michael McIntosh, uh Mr.
Spencho Shulman, and Mr.
Peter Wolf present.
Now all of them were within the 500 foot radius, so they would qualify with without additional evidence as affected persons.
Okay.
Thank you.
And with that, I can call upon applicant Patrick Seidensticker as agent representing Alderman Oaks Retirement Center to make a presentation.
Thank you, Madam Mayor, Commissioners.
Uh good evening.
Uh thanks for sticking this one out.
Um my name is Patrick Sidensticker for the record from the law firm Vicard Merrill here on behalf of the applicant Alderman Oaks to discuss the rezone tonight.
Um unfortunately, Mr.
Merrill had to leave.
Um but he says hello.
Uh so in sum, we are requesting uh uh proposing to rezone the subject property from residential multifamily five closer to the mic to downtown edge.
Um important to note that downtown edge is the only conforming and consistent implementing land district uh excuse me, implementing district within the current future land use designation.
Um so first and foremost, we are requesting the rezone to make the property compliant with the future land use map and comprehensive plan.
It is currently a zoning enclave.
RMF5 is not an implementing zone district in the city's long-term plan.
Um but the general impetus for this is that applicant has really been burdened by state and local regulations regarding assisted living and would like to start transitioning his business to independent living, and we'll discuss how that works uh with DTE zoning.
Uh so this is the subject property, as they said, south of Alderman, north of Pine Tree Lane, between Hudson uh Avenue and Row Place, generally north of Mound Street.
Subject property is approximately 1.27 acres.
Uh the applicant and ownership group has owned the property for over 50 years and has operated the existing assisted group living facility for almost 30 years.
Uh the structure uh that's existing, uh, which is not proposed to be changed, uh, is three stories tall and includes 60 group living units without kitchens for an equivalent uh uh of 30 dwelling units.
Uh those are half units without kitchens.
Uh the existing density is just shy of 24 units per acre.
So again, the impetus for this request in 2017, the aftermath of Hurricane Irma, the state of Florida required all assisting living facilities to install generators at significant cost to these operators.
Then obviously in 2020, COVID greatly affected occupancy in almost all of assisted living facilities.
In 2022, the Gulf Coast, of course, was impacted by Hurricane Ian, and Alderman Oaks was required to evacuate all that's assisted living residents because of these regulations, even though the property itself was not impacted.
Uh following that storm, new requirements were put into place in 2023 as related to the emergency planning criteria for assisted living facilities.
And in 2024, then again the applicant was required to evacuate residents twice for Hurricanes Helene and Milton.
So needless to say, occupancy has severely declined since 2024, and approximately 20 percent since the required storm-related improvements and processes began in 2017.
So higher costs, less occupancy.
Generally, these mandated evacuations are obviously a negative barrier to entry from any assisted living residents.
When you couple that with City of Sarasota taxes and limited mobility of these assisted living residents, a downtown assisted living facility becomes much less attractive.
Independent living residents, on the other hand, are more physically capable of enjoying the downtown amenities and can much more easily evacuate, which is important to them and their families when choosing a facility.
So this gives you an idea of sort of some the alternate development scenarios in the existing structure with the new zoning.
So you'll see here there's currently 60 assisted living units.
None of those units have kitchens for a total density of 30 uh units or approximately 24 units per acre.
Uh as we move down uh this chart, you'll see uh if they are to add 10 kitchens, they would automatically increase their density over and above what is allowed in RMF 5 now, which is 25 units an acre.
Important to note 25 units an acre is also what's allowed in DTE, but with the added uh uh bonus of the attainable units, um they can actually take those bonus units by adding kitchens and uh increase their viability as an independent living facility.
So you'll see here as they move from 60 uh assisted living units and start adding kitchens to those.
They quickly get past their density for RMF five, uh, but are able to identify and maintain attainable units based on the bonus units they would get by adding those kitchens.
So again, this is alternative development scenarios within the existing structure to which no changes are proposed.
So just to talk about the future land use a little bit, uh the property is designated Urban Edge on the future land use map.
There are only three implementing zone districts in Urban Edge, Central Business Newtown, downtown neighborhood edge, and downtown edge.
Obviously, we are not a new town, so that's not applicable here.
Downtown Neighborhood Edge would make the property non-conforming after the rezone, which we are not allowed to do because we already exceed the 18 units per acre within down uh DTNE zoning.
So downtown Edge is the only conforming implementing district that this property owner can request by right, uh, and is in fact encouraged by the city plan policy 1.6, I believe, uh, which says that uh property owners are encouraged to remove zoning enclaves and get into compliance with the future land use map.
Um so we'll hear about some height uh concerns tonight from the neighbors, I assume.
The code already has this built in.
Um you'll see in table six, one thousand three, uh, there are development standards which provide for height limitations for property zone DTE, specifically on the portion of the site zone DTE within 100 feet of a site zoned RSM 9, which we know as Laurel Park Zoning.
Uh the maximum building height is one story above the maximum height allowed in that zoning district.
In this case, that would be three stories because the maximum now is two.
On the portion of the site within a hundred feet of a site zoned RMF3, the maximum building height is four stories.
So what that looks like from the air is what you see on your screen now.
The area in blue is within a hundred feet of the RSM 9 zoning district, that would be limited to three stories.
The area in yellow is within 100 feet of RSF, excuse me, RMF3 zoning districts, uh, which would be limited to four stories.
You do see there's a strip there in the middle with the potential for a tower of five stories.
So this is from the southern property line.
Uh so you're back to mound looking at the building.
This is what could be built under the DTE zoning.
Uh 100 feet is that fifth story tower, which is the maximum height in DTE from those RMF3 multifamily buildings that already exist to the east and west.
If your back is to Laurel Park, it would look more like this, capped out at three stories for the first hundred feet before it can go to four stories.
Um, this would be looking to the west, uh, so you can see standard two-story house in Laurel Park.
Now, of course, with DTE, there are no setbacks, so the those three stories could go right to the property line.
That four-story would have to be set back a minimum of 100 feet.
This is what you can build today in the current uh zoning district, which maxes out at 90 feet.
So this is the massing you have.
Um, of course, we do have a bit of a setback there, but then you would have 90 feet within 65 feet of uh the Laurel Park zoning.
When you overlay these things, uh, you can see the code provides for significantly less massing, um, even though you lose some of the setbacks in the requested zoning.
The really big difference here again in the existing three-story building for this applicant is the ability to add kitchens to increase that density.
All of his units right now are counted as half units.
He'd like the ability to increase that density by adding kitchens.
In fairness to uh the commission this evening, I'm going to run through these slides fairly quickly.
I think the staff has done a very good job in their staff report of discussing each of the rezone criteria.
Needless to say, we are not proposing a change in use, and we are asking for an implementing zone district, which necessarily implies uh compatibility and compliance with the code.
Uh so again, in the spirit of being aware of everyone's time this evening, I'm going to skip these, but I'm happy to discuss any of the criteria on which you have specific questions.
So this is the existing zoning map.
Uh the purple is the Laurel Park RSM 9.
Everything surrounding that in green is DTE or DTC.
I want to focus a little bit to the south here because really this is the hole in the donut for this urban edge future land use.
Um we are the property in red, that's sort of dark brown RSM5 to the east and west in that sort of orange is color, that is uh residential multifamily three.
To the south, you'll see a commercial district, OPB.
And then in the area we have things like CRT, commercial residential transition, pockets of DTE that have already been rezoned, as well as the green, which is governmental, and DTNE.
Um so you will hear this evening from some neighbors who are concerned about live local.
Um live local would both be available for our requested zoning of DTE, but also DTNE, which only provides for 18 units an acre.
Um that's what this looks like.
So surrounding the affected neighbors in red are all of the areas that are already available for live local.
Again, we're sort of trying to fill the hole in the donut here.
Um, but what you don't see in this red area are 18 story towers, lot line to lot line, utilizing live local.
It's just not the development pattern.
Um I think the proof is in the pudding.
It's not there on the ground.
So while their concerns are founded in certainly a state statute, it is unrelated to what we are asking for today.
Uh our position is it is not proper to be considered by this board as one of the criteria.
Um and frankly, the facts on the ground believe the concept that everything that can be used for live local is automatically used for live local.
So we are proposing to rezone that to DTE.
The applicant is offering a proffer today, and that is that the property shall be used for residential purposes only, so no commercial on this property, with the exception of those sort of quote unquote commercial uses which are accessory to group living.
So they'd like to be able to continue on their food service operations office to run the facility, things like that.
But generally, the property shall only be used for residential purposes.
Um we understand that you know bringing commercial to this neighborhood is uh frowned upon by the neighbors.
We understand that, so the the applicant has proffered that uh any uh future use would be limited to residential.
So again, we are requesting you approve the proposed rezone with the applicant proffer.
And again, I'm happy to answer any questions about these specific uh elements and uh that you're gonna take a look at tonight.
Thank you very much.
Uh now I will call upon General Manager Christie to make a presentation.
10 minutes, by the way, and I'll use even less than him.
For the record, Alison Christie, General Manager of Development Services.
So the application before you today is for a rezone without a site plan for an approximately 1.27 acre subject property located at 727 Hudson Avenue.
It's currently located in the RMF5 zone district with the future land use of Urban Edge.
RMF5 is a non-implementing zone district for this future land use.
The applicant is proposing to rezone to downtown Edge.
Only downtown Edge and Downtown Neighborhood Edge are implementing zones that would be usable.
However, the existing development's density would be non-conforming, and that's why they are not able to rezone to downtown neighborhood edge.
The site's currently developed as an assisted living facility, and the existing use is proposed to remain.
No new development is proposed at this time.
A community workshop was held on October 22nd of 2024 with about 15 citizens in attendance.
Staff found that this rezone was consistent with the zoning code and recommends approval of the application.
The planning board heard this item at their July 9th and August 7th, 2025 meetings.
There was a motion to recommend approval of the rezone at the first meeting, which failed with a 2-2 vote.
So it was continued to August 7th, where the planning board recommended approval of the petition to the city commission by a vote of four to one.
Since the planning board meeting, the applicant has added a proffer that the property shall be used only for residential purposes, with the exception of those uses accessory to group living.
That has been added to your ordinance before you today, so you don't need to have a separate motion for that.
And additionally, since the planning board meeting, a traffic study was completed, and there were no recommendations for changes to the right-of-way as a result of the study.
That study was also added to your backup materials.
Thank you.
Thank you very much.
Now I will call upon the affected persons who have signed up to speak, and you will each have five up to five minutes.
Michael Matt Mike MacIntosh, Spencer Shulman, Ron Cashton, and Peter Wolf.
You may join all join us up here.
So it looks like one of one person has chosen not to remain this late.
Michael Mike Macintosh, I guess is the one.
So Spencer Shulman.
You have five minutes.
Hi.
If you see a name and uh your city resident.
Okay.
Uh good evening, Madam Mayor and uh city commissioners.
Um my name is Spencer Shulman.
I live directly across the street uh to the north of this property on Alderman Street at 1663 Alderman Street.
Um I'll be uh very brief.
Um all of the parcels to the north, west, and east of this property are zoned for between nine and thirteen dwelling units per acre.
Uh the parcels to the south are zoned for small scale um professional services.
Therefore, I think given that context, it would not make sense to increase the density uh of this parcel uh given that the density, the current zoning already permits uh density significantly more than the adjacent parcels.
And then just a brief anecdote.
Uh my family and I have been uh having some renovations done on our single family home.
Um nothing significant, just exterior renovations uh over the past few months, and whenever there's even like one or two subcontractors uh working on the property, it has significantly congested the road and our neighborhood.
Um, on the basis of uh the context of the adjacent zoning as well as just uh the lived experience I just shared, I am therefore recommending uh that the board denies uh this request to rezone the parcel.
Thank you very much.
Uh Mr.
Shulman.
Oh.
And Ron Cashton.
Sorry.
Uh good evening, Commissioners.
Ron Cashton, City Resident Representing the Laurel Park Neighborhood Association, and I'm a board member of the Laurel Park Neighborhood Association.
Now, I don't envy you with this one.
You know, a lot of people talk about sympathy, about how difficult some of your decisions are, that you have to predict the future, and there's nothing harder to predict than a rezone without a site plan.
Because you don't know what's going to go there.
You people are asking you to make a permanent decision on land use, but you don't have the plans.
But unfortunately, that's what you have to do today.
So that's what we're talking about.
Now we Laurel Park does appreciate that the applicant did make a proffer.
Which was a proffer for oh well.
I'm not sure he's back there.
Oh, yes, yeah.
Okay, sorry.
Uh proffer for residential only.
And they did that both to satisfy the concerns of the neighborhood about incompatible uses, but it was also done in order to get through the traffic concurrency, because the site wouldn't allow uh some commercial uses.
So by keeping it as residential only, they could get the traffic study.
And the applicant was also right.
It did show up here on the ordinance.
You'll also see the same proffer.
Which is terrific.
But here's the problem with proffers.
Everyone at the dais is extremely diligent.
And I try and be as conscientious as you.
But I did not go to Ms.
Griggs' office and did a FOIA request or ask for a FOIA request about when this was originally zoned, RMF.
Now there may be a proffer going back 20, 30 years.
And the problem with proffers is the only time you'll see it is if someone goes back and takes a look at the ordinance.
So the one request that the neighborhood association is asking for add additional notice in the way of a deed restriction.
And the good thing about the deed restriction is it doesn't change any of the restrictions that the applicant is asking for.
It's the same as residential.
But what it does is it gives the public a chance to know that there's a restriction.
You know, 20 years from now, someone may buy that property.
Are they going to look up the ordinance to see that that property is zoned only residential, even though they look at the zoning?
The deed restriction gives the public the opportunity to find that information.
Title search companies would find it.
And the great thing with the deed restriction, because this is only the first reading.
You're not going to extend the time limit whatsoever.
The attorney can work with the city's attorney, you can make it for the benefit of the neighborhood association, anyone that you're comfortable with, but it gives the public that notice.
Because what our concern is proffers evaporate because people forget.
And you're making a decision today, trying to predict the future based on this proffer that someone will have to remember to take a look at the ordinance.
And taking a quick step back.
I know the city's policy is to encourage rezones.
But rezones without a site plan, I think is unfair to the Commission.
Thank you.
Thank you.
And Mr.
Wolfe.
Mayor, Commissioners, my name is Peter Wolf, and I live directly across the street from the Alderman Oaks property.
That is the subject of application 25-REN-03.
I understand this is a quasi-judicial hearing, and I respect your decision, must be based on competent, substantial evidence, and consistency with your adopted plans and codes.
My request is that you deny the rezoning from RMF 5 to DTE, or at the very least, continue or condition it until the impacts are fully understood or addressed.
When the DTE downtown edge zoning was created over 20 years ago, it was meant as an incentive tool to help revitalize struggling parts of downtown Sarasota.
At that time, the area around Alderman Street and Hudson Avenue was in dramatic disrepair.
Today that is no longer true.
Our small neighborhood is now a stable, high quality, walkable area of low-rise private homes, many of them multimillion dollar properties with a quiet park-like feel, children playing in the street.
The policy question in front of you is why upzone and destabilize a neighborhood that is already successful and does not need the incentives that DTE was originally designated to provide.
Second, this location lacks the transportation infrastructure to support a high-density, mixed-use DTE project.
There's no major road or logical vehicular access to absorb the traffic and circulation that would come with a much larger building and potentially mixed commercial uses.
Turning a calm, walkable street into a congested access corridor for a dense project directly conflicts with the existing character and the city's stated goals for safe walkable neighborhoods.
Third, I urge you to consider physical and safety impacts, particularly flooding.
This property is in a flood zone.
All the newer homes in our immediate area have been built to meet the most recent flood elevation and building standards.
During the last major hurricane, many thousands of homes around our broader area flooded, but none of the new homes in our immediate neighborhood did.
Introducing a large high-density structure and associated hardscaping into the already vulnerable area raises real questions.
How will increased building coverage pavement stormwater runoff affect drainage on adjacent properties that have performed well in a major storm so far?
What protections will be in place for neighbors if this design does not work as intended?
Those answers are yet to be before you today.
Fourth, you have a real-world cautionary example just a few miles away at the Rosemary District.
There, the combination of downtown zoning and aggressive redevelopment created serious, well-documented parking and livability problems that the city is still trying to address.
You do not need to repeat that mistake on Alderman Street.
Once you grant a broad DTTE entitlement here, you cannot easily put the genie back in the bottle.
That leads to my final and most important point.
This is a rezoning request with an accompany without an accompanying site plan.
By definition, that creates the highest level of uncertainty for the neighborhood and for you as your decision makers.
You are being asked to grant maximum flexibility first and only, see the real world consequences later.
In an established low-rise residential environment immediately adjacent to single family homes, this is not a prudent approach.
If the Commission believes that appropriate here, it should be tied to a specific, thoroughly vetted site plan with clear enforceable conditions on height, massing access, parking, stormwater, and compatibility.
I respectfully invite each of you to take a five-minute walk around Alderman Street and Hudson Avenue, Pine Tree Lane, and Row Place before you decide.
Look at the scale of the homes, the park-like portions of the neighborhood, the people walking dogs and children playing in the street.
Then ask yourselves whether introducing a full range of DT DTE intensity and uses on this 1.27 acre site is consistent with the character you see on the ground and whether the long-term unintended consequences are acceptable.
For all these reasons, lack of need lack of need for DTE incentives in a healthy neighborhood, inadequate street network for high density, flood zone flood zone concerns, and the cautionary example of the rosemary district's parking problems and the open-ended risk of rezoning with no site plan.
I respectfully ask you to deny this application 25 RENO3, or at a minimum, defer it until a concrete compatible plan is presented that truly protects the surrounding neighborhood.
Thank you for your time and for your service to the community.
Thank you.
Okay.
And uh call for rebuttal.
I don't imagine the affected persons have any rebuttal at this point.
So, General Manager Christie, do you have any rebuttal?
Uh Mr.
Seidensticker.
Thank you, Madam Mayor.
Again for the record, Patrick Sidensticker on behalf of the applicant.
So just very briefly.
I think we discussed in detail why we are not providing a site plan tonight.
There is no uh plans to change the structure that's been existing there for quite some time and compatible with the neighborhood.
All of the uh uh changes proposed would be interior to the building.
Um I do dispute that the city has no plans uh to review.
They in fact have their city plan, right?
The long-term plan uh that is in place, which specifically encourages property owners like my client to come before you and remove zoning enclaves and uh uh implement a zone district that was contemplated in the city's long-term plan.
So I I think to say you have no plans uh is is just incorrect.
Uh again, I would come back to this um uh slide here.
Uh almost everything you see here uh is available for live local at higher densities uh than everything surrounding, except for maybe our property, which already allows for 25 units an acre and 90 feet.
So uh again, I would respectfully uh request the Commission uh approve this code compliant uh city plan encouraged rezone request.
Thank you.
Thank you.
Uh Commissioners questions.
Uh Commissioner Batti.
Uh thank you.
Thank you, Madam Mayor.
Uh so you know, if I'm not I mean, if mistaken it seems uh so you can do live local by right, right?
Um with the rezon we can, RMF 5 uh is strictly a residential uh district, so it would not be available live local.
And if I'm not uh again mistaken, Mr.
Kaznan stated that you know they appreciate the proffer of you all remaining uh residential.
Um particularly if if uh with the deed restriction.
Correct.
Uh uh he did mention a deed restriction.
Um I would say, as a title agent, I dispute the concept that uh a zoning ordinance with a proffer would not come up for a potential purchaser of uh the property.
I can almost assure you that it would.
Um additionally, in my experience with the staff as a land use uh agent, uh I do not believe they miss proffers.
Um anything govern uh excuse me, that proffer will govern development on this property in the absence of a deed restriction.
This application has gone on for quite some time uh and had some setbacks because of a required traffic study at great expense to my client, and any sort of deed restriction requires legal work that's only going to add, I in my estimation, unnecessarily cost to this applicant.
Okay.
If I pose that same question to uh Ms.
Christie, I mean being that she's here with the city to sort of confirm and verify what what Mr.
Seidensticker just said.
Uh confirm about the deed restriction.
Yes.
I mean, in my experience, no, the deed restriction is not necessary.
The the proffer is would suffice for something like this, but it's up to the commission if you would like to request the deed restriction anyway.
Okay.
And what and would that like put like handcuffs on you in any way?
It certainly wouldn't.
I mean, uh again, it in my estimation it's on it's not necessary.
But the proffer is is in a legal recorded zoning ordinance that governs this property in perpetuity.
Um my client's not here.
I'm not in a position to tell you he would put a deed restriction on his own property.
Okay.
But as a title agent who does a number of closings and reviews title on a daily basis, a zoning ordinance like this would absolutely come up for any potential purchaser, and they would be on notice of this republic uh this recorded ordinance, excuse me.
Okay.
All right.
Those are my questions.
Thank you.
Commissioner Ahern Koch.
Thank you very much.
Well, just going off on that statement.
So can be undone, right?
It would have to come back before the board.
Right.
And if you agreed to doing it on the deed, then that would be more per seen as more permanent, a deed restriction?
I don't agree with that.
Okay.
Um explain.
Respectfully, I don't see any legally binding obligation on the applicant to keep a deed restriction on.
Keep in mind a deed restriction would have to come into play by this applicant as owner of the property deeding the property to itself with this deed restriction.
What is the legal mechanism for ensuring they don't deed the property back to themselves without a deed restriction?
I I I don't see how it adds anything to a recorded legal ordinance that it would be approved here this evening.
Okay.
I guess my point is, Commissioner uh, that it's uh it's it's less restrictive on the property because the they they own their own property and control their own deed.
Okay.
Okay.
Um then in on page 106 and 11 of the the backup documents.
Um the part about uh rezone without a site plan.
Um page 106 it states that um the existing use for the property is an assisted living facility and will continue to remain as such for the immediate future.
Um and then it's references again in its uh current configuration, and at the bottom it says there are no plans to demolish the facility at this time, and any future development opportunities are unknown at the time of the submission.
And then again on page um 11, um talking about the compatibility of it on the fourth line, it says again, the current use of the assisted living facility will continue to remain as such for the immediate future.
There are no plans to demolish the facility at this time.
That's sounds to me very noncommittal, if you will.
And I understand that you may not want to commit, but without a site plan, you see that exacerbates the the lack of a site plan.
Can you speak to that?
Sure.
Uh I understand the concern.
Uh and I I can only speak for myself as an attorney and how I would advise my clients.
Um who knows what happens with this property in the future.
Uh obviously this is a long-standing business in the community.
There is a succession plan from the current sort of uh paternal figure in the family to his children who intend to continue to run this, but I certainly can't speak for them or any future purchaser on how they might treat the property.
And again, speaking as an attorney, uh I wouldn't advise my client to restrict what is certainly a very valuable piece of property to remove potentially millions of dollars worth of value uh from that when again what we're coming to you asking for is a rezon without a site plan, which is allowed by code to an implementing zone district that is contemplated in the city plan as what should be used here in the future on this piece of property.
Right.
And I I think one of the things that I struggle with is that um I understand the intention and is really good uh on the part of the current property owner and their commitment to uh nothing will change really in the immediate future, and the facility will not be demolished, you know, at no plans at this time.
Um the concern is that when it goes from RSM five to DTE, it goes from a public hearing process to an administrative only approval process.
And that removes the public's ability to weigh in, the planning board's ability, and this commission's ability to weigh in.
So that's a piece of this puzzle that is concerning to me, you know, as well.
Um then the live local element, uh you've spoken to that about uh just um or committing to residential only.
Um would your you or your client commit to not pursuing live local since that seems to be a concern?
So again, for the same reason I would say no, but also for a different reason.
I think it's you have a real problem with uh the legality of a proffer requested by a board to say we will not use a valid state statute at any point in the future.
Um I think that that would be problematic from a legal perspective for a number of reasons.
And any future owner who might want to use something, I think would have a pretty good argument that that's an improper restriction on this property.
So I would not I I would not advise my client to restrict the property in that way.
And when you say it would be problematic, you mean problematic for your client, not for if if your client would voluntarily agree to some of these items I think it would be problematic for my client for your client reason, yes.
Right.
Okay, but not if you voluntarily, if the client voluntarily chose to do that, um it wouldn't be problematic for the community or for the city commission.
Again, uh I've not looked specifically into this, but generally saying I would not utilize a state statute is problematic from a public policy standpoint in my world as an attorney.
So I could not advise my client to do that.
Understood.
Thank you.
Okay.
Uh Commissioner Albert.
So at this time you said you're not building any other building.
You're just gonna keep the building as is, which is how many stories?
Three stories.
Three stories and just add kitchens to the units.
That's the discussion I've had with my client, that's correct.
Okay.
And I wasn't clear how many kitchens you were going to add, like 60 for each unit.
I think it's going to be a process.
So I don't think it's an overnight thing.
But if you can see on the screen here, it gives you some idea of what that would look like if they go from zero, if if they put a kitchen in every single one.
Right.
Obviously, their density doubles overnight without actually changing the existing structure or the residential dwelling units there.
Right.
And whether if you kept the existing structure, can you really add 60 kitchens and not, you know, you know, I don't know, because assisted living units usually are not all that big.
And they may be able to offset that with combining smaller units and adding kitchens.
And then making an end of the phone.
As you can see, if they take 10 and add kitchens, they already exceed their allowable density.
Um you said this is contemplated by the city plan, the DTE.
Yes, ma'am.
This is an implementing zone district.
Okay.
I don't have any other questions.
Thank you.
Vice Mayor?
Thank you.
So certainly a rezone without a site plan does make the decision a little bit more complex because of the uncertainty.
Um I was on the planning board for six years long enough to sit there at one meeting when an applicant proffered something, and five and a half years later came back and undid the proffer.
So I know that proffers are promises and promises are broken.
And I'm not saying your client would do that, but it is done.
Um an additional guardrail for the people who believe you that this proffer will remain would be a deed restriction.
Would you comment?
Um I I revert back to my previous answer.
Um I think that the proffer itself is likely more enforceable than a deed restriction, which would be solely at the hands of the owner to deed as they wish.
A deed restriction stays only as long as that owner would like it to stay.
There's nothing to stop them from changing their own deed restriction, I suppose.
The proffer itself, as you say, can be changed, but uh whether it's my client, a future owner, anyone else would have to come back before this board and go through this process again to change that proffer.
So it's not just that they can break their promise.
Uh they have to get permission to change the use of the property from this board, uh excuse me, from this commission or a subsequent commission.
Thank you.
Thank you, Commissioner.
Um I'm a little bit confused with the um fact that you're saying that it will remain in uh assisted living for the time being.
Um but I gather really what the plan is to gradually add kitchens and turn it, you know, as you add kitchens, that portion will become independent living.
So it will be gradually converted to a mix of independent and assisted and possibly at some point be all independent.
Is that I think that's a fair statement.
I would say it's going to remain as group living, is my understanding from discussions with my clients.
So they would still offer the same services, medical services, uh, cafeteria services.
But again, for all the reasons we discussed, the assisted living facility business has become much tougher at this specific location.
Um and they think that it would be better utilized for more independent living residents.
And and Ms.
Christie, at any point would the building owner be required to submit some sort of revised floor plans to development services showing you know the locations of kitchens that they're planning to add and things like that.
That would be done through the building permit process, and it would kind of depend on if they're doing like one at a time, if they're doing a whole floor at once, but for that type of work, at least building permits would be required.
But these would just be floor plans, not anything like a site plan.
Probably not.
Okay.
Because obviously that's the concern about you know, rezone without a site plan, but if you're staying within the envelope of the building, a site plan would not be required, right?
Probably not.
It depends on you know the complete scope of work.
But usually interior renovations like that are done just through the building permit process.
And in this case, no site plan would be required.
Probably not.
Okay.
Um and and that that's the extent of my questions.
And I believe I see Commissioner Betty has another question.
Oh no, yes.
Uh thank you, Mayor.
I just wanted to give some some clarity.
So you're saying that the proffer carries more weight than the deed restriction.
It's my opinion.
It's my legal opinion, based on me being a land use attorney and a title agent as an attorney.
Um, the concept that the city would forget that there's a proffer on this site, I think is.
Okay, so because what essentially what you're saying is that like because it's his property, his deed, or whatever, he can he can you know, like do whatever he wants, you know, chooses to with it.
But as far as the proffer is concerned, once it's made, in order to sort of change that or alter it in any way, it has to come back.
You have to come that you have to come back before the commission to Okay.
That's correct.
I if he were selling the property, perhaps it would be different.
But he's again to initiate a deed restriction at this point, he would be deeding it from the owner would be needing it from himself to himself.
Okay.
Um to add the restriction.
So now if he were to sell the property, like the individual that he sold it to would have to come back here to.
So that is correct.
Okay.
Yeah.
Um questions from commissioners?
Well, with that, uh yes.
Well now.
Okay, with that, then I will close the public hearing on uh proposed ordinance 25-5579.
Is it rebuttal or no?
Did we do rebuttal then?
Yes.
Yeah, okay.
All right.
So I make a motion.
Yeah, please do.
All right.
I'm going to move approval of, and I gotta get back to my first page here.
I'll look here.
I've got the got a here.
All right.
Approval of proposed ordinance number 25-557.
And let's see.
Is that the only one we have to do?
Yep.
It looks like is there a second?
A second.
Okay.
Move by Commissioner Alpert, seconded by Commissioner Batti to approve ordinance number 25-557.
Uh, would the maker of the motion care to I'll just make a uh a couple remarks about it.
You know, the concern about uh not having a site plan, um, they've said they're keeping the same building on the same site.
So you've got a site plan.
That's the that's the building that exists there.
They're not planning to they're planning to do renovations inside the building.
And then as far as uh the comment that um you can't predict the future, that's that's correct.
You can't predict the future.
You don't know what is going to be around it in the future.
But for the time being, this business is changing from assisted to independent living, adding kitchens, and that's what they're doing with the property.
Um 50 years from now, 20 years from now, 30 years from now.
We don't know what's gonna you know come in the surrounding neighborhood.
So I I think, you know, with the proffer that, you know, which I think is uh something good that they did, because perhaps commercial would have been good in the first floor.
I don't know, you know, maybe a coffee shop for the people.
But I think this is enough protection, and I think it makes sense, and the concern about live local as they talked about, there's a whole surrounding area that somebody could do live local if they wanted to.
They're saying we just want to keep the same building, add some kitchens and make it uh independent living instead of assisted living.
So I don't see any reason not to approve this.
Okay, Commissioner Batti is saying that.
Uh thank you, Mayor.
And you know, I echo the sentiments of uh Commissioner Alpert says that nothing's really changing now except you know the addition of kitchens in these units.
Um you know, the buildings it is what it is, it's not is it's not changing in any way aside from the renovations that they're making on the inside, you know.
Um again, this is uh you know, elderly population that uh you know taking my own feelings out of it, you know, just going by you know what um I feel is not that big of an issue, especially when you're talking about the proper that's being that's been made and um and it having you know more validity and and or weight than the the deed restriction or whatever.
So um that's kind of how I look, especially if nothing if nothing is really changing aside from me going from assisted to independent living or whatever.
So Commissioner Ahern Koch.
Thank you.
Um I want to thank uh the applicant and Mr.
Seidensticker especially for explaining the um the burden of being the difference between an assisted living facility and an independent living facility.
I was unaware of some of those requirements or new or evolving uh requirements that are happening, and I do appreciate the proffer that was was done.
My concerns have to do with the standards for review and compatibility.
Um if this goes forward, um so it first uh the statement was made a number of times about this is this is the the expansion from assisted living sit facility into independent living facility, which I certainly understand why they would want to pursue that, um, is only for the immediate future.
It's just you know, it's there's no long-term commitment to that.
And and so um that for me is uh a big question mark and a concern.
Um the big uh piece of this is that if it goes to RSM5, it switches over to administrative approval only approval.
So um it will not go though there'll be no opportunity for the community around there to weigh in.
Laurel Park worked very hard for many many years to create the laurel park overlay and in order to preserve their neighborhood from uh item uh development that was incompatible, and this um immediate intention may be completely compatible, but um anything in the future would not come before um involve any community input, which could speak to compatibility.
Um the whole area around the the Laurel Park that is allowed for live local, this um adds one more, one more property to that whole area.
So not only is Laurel Park sus um subject to being surrounded, now there's it would be subject to one more inside of Laurel Park.
So this is adding to that burden of live local.
And live local, I remind can remind you is done also administratively.
Uh could be up to the highest height within a mile, which would be I assume 18 stories.
Um and there's a um reduced parking requirement as well.
All those items speak to compatibility.
And um, and so that and how that fits in with our standards for review is is what I'm speaking to.
Uh Vice Mayor.
So I too looking at the standards for review, and I find it is compatible with most of them.
But when I look at standard number two, compatibility, and look to the future, uh Commissioner Ahern Koch said it already.
And so that one standard being not compatible to me far outweighs the compatibility of the other standards.
Um we can't predict the future.
I mean, I could say right now I'm not going to drop dead tomorrow and don't place any bets on it.
So I don't think that we should say, oh, it's possible sometime in the future they will choose to do something totally different.
So I would say compati they are compatible.
What they're want to do is compatible with the way things are right now.
And you know, we can't know ten years down the road, five years down the road.
So uh any other comments before we vote.
And it has to be a roll call vote.
And um first.
Albert.
Yes.
Betty.
Yes.
Ulrich?
No.
Trice.
Yes.
And Kotch.
No.
And what is the requirement for passage?
So motion passes three to two.
And thank you all.
And is do we have any public comment requests this evening?
No.
Thank goodness.
So the next item then is remarks of commissioners' announcements and items for the next agenda because we continued the new business.
For us.
Any, anyway.
Anybody at this point?
I do have to make an announcement.
We are having another Shred stock coming up on March the 21st.
Saturday, March the 21st from 9 a.m.
to noon at the Van Weasel parking lot.
I'm putting the word out again, so we will have another Shredstock event with music.
This time though we are accepting not only papers and files, we're also taking batteries, old cell phones, small copy or old desktop computers, CD players, keyboards.
So we're taking some electronics.
So we're gonna put out a nice list.
We're gonna have more people this time.
We're gonna have some help.
So I just had to put that out there.
I have a question about the event.
What if we can't make it during the event?
Can we drop it off ahead of time?
Yeah.
I meant someplace specific.
Like you you have like a bag of paper you want to try it?
Are you talking about I had a box in my office since the last event I couldn't?
Oh, we're gonna try to get you dead.
We won't get you there.
You won't go.
All right.
Go make it.
Okay.
And we don't do home pickup.
I'm I'm looking at Mr.
Bullock.
This is your last opportunity.
It's been we had to let you go in a bang.
Uh and Mr.
Paul's act.
The reason this went long tonight is because the city's trying to keep Mr.
Bullock.
This is the way to do it.
Yeah, I didn't do a good job.
Not on the tempting, is it?
Mr.
Bullet, I want to say thank you.
I appreciate everything you've done for us, and we I've learned a lot from you.
You know, wish we could keep you longer, but I get it.
You're ready to go fishing, so we just want to say thank you.
It's been my pleasure and it's been a lot of fun.
Thank you.
Thank you.
Anyone else?
Thank you, Mr.
Bullock.
Uh you know, I could go on for a long, long time, but I'm not going to, and I don't think you want any of us to do that either.
You're a humble man.
And just know that I do thank you from the bottom of my heart for your steady leadership and your wise, wise, wise comments.
Yeah.
Yeah.
Thank you.
I think we can all say ditto to that.
So I don't know.
I know the late hours to say.
Okay.
I have prepared comments for Mr.
Bullock.
Oh, don't forget meeting Thursday.
Oh, right.
Um Thursday?
I thought it was Wednesday.
Oh, Thursday.
Okay.
Shade meeting.
I know.
I was thinking it was Wednesday.
I know you wanted to leave.
What did you say?
Um work do your work and leave without leaving footsteps in the sand.
Um, but some of the stuff you've done has been indelible.
And so it'll be here.
It'll remain even after you're gone.
Thank you very much.
Yep.
Two more things.
Did any no, nobody else went to the petticoat painters thing the other day here.
In the chamber except the mayor.
You left before it ended.
It was fabulous.
I hope we can get that uh video on our website.
Um I would like an update on Cerevella.
Maybe I can get that one on one or something.
I mean, what's going on with that is wrong.
We'll update you.
Thank you.
I'm done.
Um yeah, I had I had one other thing besides talking about Mr.
Bullock.
Um I just wanted to uh thank all of our city staff who came out to the St.
Armand's visioning.
Um we had about 160 people there.
A lot of people came out, so I I thank them for coming.
Um and for I don't know, we uh we had 20 tables, and I think we had a staff member at each table being a facilitator.
So we had a lot of staff who who uh came and and helped us, and I just wanted to make sure I thank them for doing that.
And I'll thank you all for your support on the U.S.
Recycling agenda item.
And then uh prepared a speech for Mr.
No, I'm joking.
No, no, no, no, no, no.
You know, again to echo that every what everyone said uh to Mr.
Bullet.
Thank you so very much, man.
You know, you were invaluable for myself, you know.
So um, but and uh also want to say that uh had a great time at my mother's NASA that you know none of you all could could make it.
You know what?
There was there was some mix up with the with the mail.
I mean, literally I pulled up in uh Michael Zornis' parking lot, and there weren't that many cars there, and I was like this, oh damn, nobody showed up.
You know, then I got inside and it was packed, you know.
I guess everybody valet, but um, you know, we something went went went awry with with the with the mailing and a lot of the invitations didn't get out.
You know, so you I never received so my my apologies to to to you all or whatever, but I mean these kids were were fabulous, you know.
I mean, and uh it was all all girls that uh submitted essays or whatever they were, you know, they were tremendous and the talent was uh you know I can't even put into words, but um, but it was good when I and thank you all.
Great meeting today.
Thank you.
Did Mr.
Polzak have something?
Yeah, I was just gonna say I have been in contact with uh Carrie Freeling pursuant to my direction, and she did want to say specifically to say hi to everybody, and um she's looking forward to completing the uh contract process.
Don't tell her that this meeting lasted.
Okay, well thank you all.
Meeting adjourned.
Sarasota City Commission Regular Meeting – March 2, 2026
The Sarasota City Commission held a regular meeting on March 2, 2026, from 9:00 AM to 7:55 PM. The agenda covered a broad range of topics, including a proclamation for Women in Construction Week, public input, approval of minutes, a citizen tax oversight report, community redevelopment agency (CRA) actions, consent agenda items, and major discussions on U.S. Recycling operations, vacation rental expansion, the Sarasota Performing Arts Center concept design, a special events ordinance, and a quasi-judicial rezoning. Several items were moved to the March 23, 2026 meeting.
Proclamation
- Mayor Trice proclaimed March 1-7, 2026 as Women in Construction Week, presented to members of the National Association of Women in Construction (NAWIC) Gulf Coast Florida Chapter. The proclamation recognized the organization's work in community development and promoting women in the construction industry.
Citizens' Input (Morning Session)
- Bob Firth (Broadway Promenade resident) thanked the commission for listening to citizens and acknowledged the challenge of funding local government amid state legislative changes.
- Dwight Cherry (owner of Stroke Seafood, Newtown) raised issues with city zoning, noise ordinances, and policing that he said are driving away customers; he requested help resolving his business concerns.
- Christine Robinson (on behalf of the Argus Foundation) expressed gratitude to Interim City Manager David Bullock for his leadership during a period of unease, noting his work on budget, stormwater issues, and the city manager search.
Consent Calendar
- Item VI-1 (Property Insurance Renewal): Approved 4-1 (Commissioner Alpert voted no) – Property insurance program renewal brokered by Brown & Brown at a cost of $2,385,537.00. The renewal includes an increase in coverage from $25 to $35 million (costing $127,754/year) and an additional $28 million coverage option for specific buildings, which was not recommended by staff. Vice Mayor Ohlrich and Commissioner Ahearn-Koch noted the optional coverage was not pursued.
- Item VI-2 (Sarasota Sailing Squadron Youth Sailing Center): Approved 4-0 – Conceptual approval for a youth sailing center project on City-owned property at City Island, allowing the Sailing Squadron to submit project applications. The project will require final commission approval after planning review.
- Item VI-3 (Van Wezel Security Services): Approved 4-1 (Commissioner Alpert voted no) – Three-year contract with Mason Evans, Inc. d/b/a Diamond Investigations and Security for front-of-house and backstage security at the Van Wezel Performing Arts Hall, with two possible one-year extensions.
CRA Actions
- CRA.1 – Minutes of January 5, 2026 CRA Meeting: Approved unanimously.
- CRA.2 – Margo Ventures Grant ($250,000): Approved unanimously – The Newtown CRA Advisory Board recommended a $250,000 grant for a banquet hall renovation at Dr. Martin Luther King Jr. Way and Leon Avenue. The grant requires that the owner spend their own $263,000 first. The motion included stressing local hiring and adding the City of Sarasota to project publicity requirements.
Discussion Items
I. U.S. Recycling – Investigation of Legal Remedies (Item IX.1)
- Background: Commissioner Ahearn-Koch presented a video summarizing the history of complaints about U.S. Recycling operations since 2022, including dust, noise, vibrations, and potential health hazards. The facility is located near residential neighborhoods, a park, and Pines of Sarasota. Multiple regulatory agencies (city, county, FDEP) have been involved but enforcement has been limited. Residents from Amaryllis Park, Downtown Neighborhood Association, CCNA, and Central Cocoanut Neighborhood Association provided testimony.
- Public Comments: Over a dozen residents spoke, describing ongoing health impacts, property value concerns, and frustration with lack of progress. A bag of concrete dust collected near the site was displayed. A Suncoast Waterkeeper lawsuit against U.S. Recycling was noted. Speakers urged the commission to pursue a public nuisance lawsuit.
- Commission Discussion: City Attorney Polzak indicated he would investigate all administrative and legal remedies if directed. Deputy City Manager Robinson detailed city actions (e.g., $470,000 road repair, code enforcement efforts). Commissioners expressed strong support for action, with Vice Mayor Ohlrich stating the government's purpose is to protect health, welfare, and safety.
- Vote: Motion to direct the City Attorney to investigate and evaluate potential civil and administrative remedies, including but not limited to a coordinated civil public nuisance action, and return with findings and recommendations – passed 5-0.
II. Vacation Rental Expansion to DTN Zone District (Item IX.3)
- Presentation: Staff presented a feasibility report on expanding the vacation rental program to the Downtown Neighborhood (DTN) zone district, which includes Gillespie Park and Park East neighborhoods. Currently, the program applies to residential single-family and multi-family zones citywide. Expanding to DTN would add approximately 50 qualified vacation rentals. Staff noted operational constraints, including staffing and cost (program currently runs a deficit – about $57,000/year net cost).
- Public Comments: Eight residents spoke. Supporters (including CCNA, Gillespie Park residents) argued the program was originally intended to be citywide and would help enforce the seven-day minimum stay rule, reduce hotel houses, and provide a 24-hour contact. They cited examples of problematic short-term rentals in Gillespie Park (noise, parking, code violations). Opponents (including Realtor Association representative) argued there is no significant compliance problem in DTN (only 5 complaints, no violations), and expansion would be fiscally irresponsible given the deficit.
- Commission Discussion: Several commissioners noted that the 2024 expansion was intended to be citywide but mistakenly omitted DTN. Debate centered on whether the program is a preventive tool against hotel houses or an unnecessary burden. Commissioner Alpert expressed concern about cost and staff capacity; Commissioner Battie emphasized protecting neighborhoods proactively. Vice Mayor Ohlrich and Commissioner Ahearn-Koch supported expansion with simultaneous improvements.
- Initial Motion and Withdrawal: Commissioner Ahearn-Koch moved to expand to DTN; seconded by Vice Mayor Ohlrich. After discussion, they withdrew that motion and offered a revised one.
- Final Motion (passed 5-0): Expand the vacation rental program to include the Downtown Neighborhood Zone District (DTN) and direct staff to research potential improvements, including a tiered fee program, process improvements, potential revocation of registration options, and other upgrades to the ordinance to improve the program's functioning.
III. Sarasota Performing Arts Center (SPAC) Concept Design (Item IX.4)
- Presentation: The SPAC Foundation, Bay Park Conservancy, and design team (Renzo Piano Building Workshop, Sweet Sparkman Architects) presented “Concept Design 2.0”. Changes from the previous concept include moving the site south of the 10th Street Canal, integrating with the Bay Park’s resiliency plan (raising elevation to 22 feet, requiring no storm surge vulnerability), and reducing costs. The city’s funding capacity is $88 million from TIF bond capacity (out of $150 million total debt capacity, with remaining funds for park phases, parking, and pedestrian bridge). The foundation committed to raising $172-207 million from philanthropy. The revised budget is approximately $275 million with city contribution of $88 million and foundation raising $172-207 million.
- Public Comments: Six residents spoke. Supporters praised the design and financial restructuring, calling it a once-in-a-lifetime opportunity. Critics raised concerns about uncertainties from state property tax reform and asked that the Van Wezel be maintained instead.
- Commission Discussion: Commissioners commended the team for addressing previous concerns. They noted that the state’s property tax situation (potential November ballot measure) creates uncertainty, but staff and the foundation plan to continue refining the partnership agreement and operating cost analysis. Interim City Manager Bullock stated the project is “doable” within TIF revenues without burdening the general fund.
- Motion (passed 5-0): Receive the Sarasota Performing Arts Center concept design presentation.
IV. Special Events Ordinance (Item X.1) – Continued for First Reading
- Presentation: Staff presented proposed changes to the special events code, including new definitions, security deposits, St. Armands Circle restrictions (over 96 hours), redefining location restrictions for events with street closures, alcohol, and sound permits, city co-sponsored event limits, and notice/sign-off requirements. Three options for location restrictions were offered: (1) all such events require city commission approval; (2) designated streets (green areas) allow administrative approval with limits; (3) defined downtown core area with limits.
- Public Comments: Seven residents spoke. Downtown residents argued the number of high-impact events (24 over 34 days in FY2024-25) is excessive and disruptive, and that Sarasota has more such events per capita than larger cities like Miami, Tampa, and Orlando. They requested a maximum of one event per month (excluding Fresh Fridays), better enforcement, and stronger sound regulations. Business owners and event organizers asked for more predictable approval timelines and fair rules.
- Commission Discussion: Commissioners debated the options. Some favored option 2 (green map) but with adjusted limits; others leaned toward option 3. No consensus was reached on the location restrictions. Commissioners agreed on several other items: security deposit language (refundable), removing the St. Armands 96-hour prohibition (option 1 – allowing events with commission approval), removing the two events-per-year cap for city co-sponsored events, and adopting option 1 for notice (remove two-thirds sign-off, strengthen notification). The sound permit decibel levels were set at 85 dBA / 90 dBC, effective May 1, pending a full sound study.
- Motion (passed 5-0): Continue the public hearing on proposed Ordinance No. 26-5585 for first reading, with direction to staff on the agreed items, to return for further discussion.
V. Rezoning – Alderman Oaks (Item XI.1) – Passed 3-2
- Applicant: Requested rezoning of 1.27 acres (727 Hudson Avenue) from RMF-5 (Residential Multiple Family 5) to DTE (Downtown Edge) to allow conversion of an existing assisted living facility to independent living (adding kitchens). The property is currently a non-conforming zoning enclave; DTE is the only implementing zone consistent with the Urban Edge future land use. No new construction is proposed; changes are interior.
- Public Comments: Affected persons (neighbors) opposed the rezoning, citing concerns about increased density, potential future live local development, compatibility with the low-rise neighborhood, flooding, and the lack of a site plan. They requested denial or a deed restriction.
- Applicant Rebuttal: The proffer (residential only use, with accessory group living uses) is enforceable and sufficient. A deed restriction is unnecessary and costly. The property will remain as group living; no site plan is required for interior renovations.
- Commission Discussion: Commissioners Alpert and Battie supported the rezoning, noting the existing building is not changing, the proffer ensures residential use, and the property is surrounded by DTE districts. Commissioners Ahearn-Koch and Vice Mayor Ohlrich opposed, citing future uncertainties, live local potential, and the loss of public hearing rights (future development would be administrative).
- Vote (passed 3-2): Adopt Ordinance No. 25-5579 on first reading. Commissioner Alpert and Battie voted yes; Vice Mayor Ohlrich and Commissioner Ahearn-Koch voted no; Mayor Trice voted yes.
Key Outcomes
- U.S. Recycling Investigation: Unanimous direction to City Attorney to investigate all legal and administrative remedies, including a potential public nuisance suit, and report back.
- Vacation Rental Expansion: Unanimous approval to expand the program to the DTN zone district (Gillespie Park and Park East) and to study program improvements (tiered fees, process improvements, revocation options).
- Performing Arts Center Concept: Unanimous vote to receive the updated concept design; staff and foundation will continue refining financial and operational details.
- Special Events Ordinance: Continued for first reading with direction on several provisions; staff to bring back revised ordinance for further discussion.
- Alderman Oaks Rezoning: Approved on first reading (3-2) with a proffer restricting use to residential (except accessory group living uses).
- Items Moved to March 23, 2026: Composting in the City of Sarasota (Item XII.1) and Property Tax Usage and Reform (Item XII.2) were continued to the next regular meeting.
- Future Meetings: A special (shade) meeting is scheduled for March 5, 2026 (out-of-sunshine/attorney-client session); the next regular meeting is March 23, 2026. A shredding event will be held March 21, 2026 at the Van Wezel parking lot.
Remarks of Commissioners and Administrative Officers
- Several commissioners thanked Interim City Manager David Bullock for his service, noting his steady leadership, financial expertise, and role in resolving the county stormwater issue and managing the city manager transition.
- City Auditor and Clerk Griggs reminded of the shredding event and the March 5 special meeting.
Meeting Transcript
Mayor, good morning. I'd like to call this regular meeting of the city uh March second, twenty twenty-six city commission meeting to order. Uh first we will have the invocation, and I'm gonna ask uh City Auditor and Clerk Greeks. And Vice Mayor, would you lead the pledge? Yes. Yes, thank you, Mayor. Please move unfinished agenda item number nine point four to agenda item nine point one discussion rate. City commission discussion and direction regarding whether the city attorney's office should investigate evaluate potential legal administrative remedies, including civil public nuisance action relating to alleged ongoing conditions and impacts associated with U.S. recycling operations within the city of Sarasota per the request of Commissioner A. Okay. So move. Second. Okay, move with Vice Mayor seconded by Commissioner Ahern Koch. May I have your votes, please. And that passed unanimously. Thank you very much. Now, if you will join me out front, we have a proclamation. Okay, we have a little bit of a uh mix up that the proclamation isn't physically here right now. Um so I'm going to oh okay. Um well I was going to kill a little bit of time for those of you who were not aware on Friday, we unanimously voted to um uh ask Carrie Fryling to be our next city manager and authorized uh city attorney Polzak to negotiate a contract with her. So we are really excited that not only will we have a new city manager after 17 months, it will be the first female city manager in the history of the City of Sarasota. And with that now. And with that, I also have the pleasure of recognizing women on this second day of women's history month. Um I would like to call down representatives of the National Association of Women in Construction, Gulf Coast Florida chapter to join me up here. Thank you. And this is a proclamation, whereas the National Association of Women in Construction, NAWIC, Gulf Coast Florida chapter, has distinguished itself as the voice of women in construction in the City of Sarasota, and whereas the work done by the Gulf Coast Florida chapter has benefited Sarasota through community development and educational programs, whereas the Gulf Coast Florida chapter has unceasingly promoted the employment and advancement of women in the construction industry, whereas the construction community, represented by the Gulf Coast Florida chapter, has been a driving force in fostering community development through renovation and beautification projects, promoting skilled trade trades careers, and advancing a positive vision of the future. And whereas the Gulf Coast Florida chapter has sought to achieve successful results for the City of Sarasota and surrounding areas in a cooperative spirit with other organizations, 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 the week of March 1st through 7th, 2026 as women in construction week, a week of special importance and worthy of the recognition of the residents of the City of Sarasota. And thank you all very much. And would you like to introduce yourselves and say a few words? Thank you. My name is Leslie Marie Velasquezoto. I am a former architectural drafter and um now low voltage assistant project manager, and I am uh just glad to kind of open the window to other women in our industry. I'm Jesse Wilson. I am a project manager with Wharton Smith. I'm just really uh happy to be a woman in construction and just helping to lead the way of other women in the industry. I'm Christy Alvaro, and I went to school for civil engineering. I am vice president of estimating for Ajax Paving Industries of Florida, and very happy to be recognized. I mean, it's it's great. We've come a long way in the industry. Thank you. Hi, I'm Rebecca McConnell. I'm an account executive with Rose Paving. Uh I've also done project management for large multinational accounts, and this is my first time focusing on local, but I love it, and thanks for having us. And this is my first time focusing on local, but I love it, and thanks for having us. Thank you, Commissioners. Would you like to come up? Thank you. Well they're getting to remark that this is now a changed face of the construction industry, and it's good to see it. And you are proclamation in the We will squeeze in. All right.
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