MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF OCTOBER 21, 1996, AT 6:00 P.M. PRESENT: Vice Mayor Gene Pillot, Commissioners Jerome Dupree, David Merrill, and Nora Patterson, City Manager David Sollenberger, City Auditor and Clerk Billy Robinson, and City Attorney Richard Taylor ABSENT: Mayor Mollie Cardamone PRESIDING: Vice Mayor Gene Pillot The meeting was called to order in accordance with Article III, Section 9 of the Charter of the City of Sarasota at 6:00 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. PRESENTATION RE: EMPLOYEE OF THE MONTH, SEPTEMBER 1996, FRANCIS J. RACKEY, JR., UTILITY SPECIALIST, ED SMITH STADIUM #1 (0020) through (0201) City Manager Sollenberger requested that Patrick Calhoon, Sports Facility Manager, and Francis Rackey, Jr., Utility Specialist, come before the Commission. Mr. Calhoon stated that Francis, affectionately known as "Doc", has been employed by the City for approximately 1.5 years; that the Chicago White Sox staff, the Sarasota Red Sox Staff, Ogden Entertainment, contractors, vendors, City personnel, and patrons alike attest to "Doc's" effective treatment of the increasing maintenance requirements and his efficient handling of the overall operations at the Ed Smith Sports Complex; that Doc's warm smile, positive attitude, willingness to help, and prompt application of knowledge and expertise are valued; that Doc's judgment, planning and organization skills regularly reflect credit to the Complex and the City of Sarasota. Vice Mayor Pillot stated that the award for Employee of the Month is a distinct honor received by only 12 City employees annually; and presented Mr. Rackey with a City-logo watch, a plaque, and a certificate as the September 1996 Employee of the Month in appreciation of his unique performance with the City of Sarasota; and congratulated him for his outstanding efforts. Mr. Rackey recognized family members who were present in the audience. 2. PRESENTATION RE: TROPHY TO THE SARASOTA POLICE DEPARTMENT DIVE TEAM FOR 2ND PLACE IN THE OVERALL PUBLIC SAFETY DIVERS NATIONAL FORUM #1 (0203) through (0476) Book 40 Page 13740 10/21/96 6:00 P.M. Book One Page 13741 10/21/96 6:00 P.M. John Lewis, Chief of Police, Sarasota Police Department, requested that Sergeant Robert Smith join him before the Commission. Police Chief Lewis stated the Sarasota Police Dive Team consists of eight police officers who have full-time assignments in other areas of the Police Department but volunteer additional time and effort to participate on the Dive Team as necessary under the Special Operations Division of the Sarasota Police Department. Sergeant Smith that the Sarasota Police Dive Team participated in the 10th annual Public Safety Divers National Forum held October 8-11, 1996, in Orange County, Florida; that forty police, fire and rescue teams, nationwide participated in the diving skills competition; that locating items in water under which a hand in front of a face cannot be seen is a difficult task; that for the second straight year, Sarasota Police divers placed among the top three overall teams in the National Diving Championship; that Officers Doug Peters and Jack Sapp were recognized as "Master Divers" for their achievements in the competition, winning 14 individual honors and placing third in the overall standings last year, and serving as mentors to the divers at the competition this year. Sergeant Smith presented Officers Peters and Sapp each with a bronze diver statue from the Public Safety National Divers Forum. Sergeant Smith stated that he and Officer James Glover placed second overall in the 1996 competition, dropping only 10 points out of a possible 1,100. Vice Mayor Pillot presented the members of the Sarasota Police Dive Team with the second place trophy from the 10th annual Public Safety Divers National Forum. Vice Mayor Pillot stated that citizens, from time to time, appear before the Commission raising justifiable concerns regarding public safety and police service in the City primarily related to incidents in which the service received was not as expected; however, the Commission also receives letters, which do not receive as much publicity, commending the efforts of the Police Department. Vice Mayor Pillot requested that the families of the Dive Team members present in the audience stand and be recognized. Police Chief Lewis requested that Lieutenant Jeff Palmer come before the Commission. Lieutenant Palmer introduced Bob Pattison, superintendent, and Paul Rae, Police Constable, from North Umbria, England, who will be studying the Sarasota Police Department for the next two weeks. Superintendent Pattison presented greetings from the Lord Mayor of New Castle Upon Tyne to Vice Mayor Pillot, who accepted a plaque on behalf of Mayor Cardamone. Vice Mayor Pillot stated that the judicial system of the United States of America is built largely on the great tradition of England; that the plaque will be exhibited at City Hall with pride. Superintendent Pattison presented Police Chief Lewis with a plaque from the North Umbria England Police; and stated that a great deal has been learned after only one day in Sarasota; that the friendliness and knowledge of police officers is something about which the City of Sarasota can be proud. 3. PRESENTATION RE: MAYOR'S CITATION TO ERICA MCKINNON FOR THE POSITIVE RECOGNITION BROUGHT TO THE COMMUNITY #1 (0503) through (0631) Vice Mayor Pillot requested that Erica McKinnon join him before the Commission. Erica McKinnon, her sister, Nadia, and her mother, Hulda, came before the Commission. Ms. Mckinnon stated that she produced a "day in the life" documentary portraying her relationship with her older, handicapped sister, Nadia, and flew to the CBS network in New York to appear on a news program. On behalf of the City Commission, Vice Mayor Pillot read in its entirety the Mayor's Citation recognizing Ms. McKinnon as one of five American teenagers selected to create a "video diary" for the CBS network's Class of 2000 project, which was viewed by a national television audience and extending a sincere wish for success in her future endeavors. 4. APPROVAL OF MINUTES RE: MINUTES OF THE SPECIAL CITY COMMISSION MEETING OF SEPTEMBER 30, 1996, AND SPECIAL JOINT MEETING BETWEEN THE SARASOTA CITY COMMISSION AND THE SARASOTA COUNTY SCHOOL BOARD ON SEPTEMBER 30; 1996 = APPROVED (AGENDA ITEM I- 1,-2) #1 (0712) through (0720) Vice Mayor Pillot asked if the Commission had any changes to the minutes. Vice Mayor Pillot stated that hearing no changes, the minutes of the special City Commission meeting of September 30, 1996, and the special joint meeting between the Sarasota City Commission and the Sarasota County School Board on September 30, 1996, are approved by unanimous consent. 5. BOARD ACTIONS: REPORT RE: CITIZENS WITH DISABILITIES ADVISORY BOARD'S REGULAR MEETING OF SEPTEMBER 20, 1996 - RECEIVED: Book 40 Page 13742 10/21/96 6:00 P.M. Book One Page 13743 10/21/96 6:00 P.M. APPROVED USE OF $90 FROM THE HANDICAPPED PARKING FINES FUND FOR PRELIMINARY DISCUSSIONS REGARDING A NEEDS ASSESSMENT SURVEY; REFERRED TO THE ADMINISTRATION FOR CONSIDERATION THE ISSUES OF COMPLIANCE WITH ADA REQUIREMENTS IN CITY LEASES AND DRAFTING AN ORDINANCE REQUIRING PROPER SIGNAGE OF HANDICAP SPACES ON PRIVATE PROPERTY (AGENDA ITEM II-1) #1 (0720) through (1063) Donald Hadsell, Director of Housing and Community Development, and William Knight, Chairman of the Citizens with Disabilities Advisory Board, came before the Commission. Mr. Knight presented the following items from the Citizens with Disabilities Advisory Board's regular meeting of September 20, 1996: Needs Assessment Mr. Knight stated that Dr. Donna Trent, an Eckerd College professor and: architect of statistical analysis compiled for the United Way Compass Project, met with the Board to discuss a concepts regarding a needs assessment survey; that the Citizens with Disabilities Advisory Board recommends the City Commission approve the use of $90 from the collection of handicapped parking fines for the Board to undertake preliminary discussions with and receive a written proposal from Dr. Donna Trent regarding goals and objectives for a needs assessment of the disabled in Sarasota. Mr. Hadsell stated that Staff identified the need to determine an appropriate direction for the Board; that the $90 requested will fund the first phase of designing an instrument which will assist in determining the needs of the disabled in the community. City Manager Sollenberger stated that the Administration recommends concurrence with the Board's recommendation and approval of using $90 in handicapped parking fines to further discuss development of a needs assessment survey. On motion of Commissioner Dupree and second of Commissioner Patterson, it was moved to concur with the recommendation of the Citizens with Disabilities Advisory Board and approve the use of $90 from the handicapped parking fines to permit the Board to undertake preliminary discussions to determine goals. and objectives for a needs assessment of the disabled in Sarasota. Motion carried unanimously (4 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. Mr. Knight presented the following two items discussed at the Citizens with Disabilities Advisory Board's regular meeting of October 18, 1996: ADA Regulations Mr. Knight stated that an opinion received from the City Attorney's Office as to whether the City must compel City lessees to comply with the Americans with Disabilities Act (ADA) indicates the city is not able to compel ADA compliance if the lease is silent as to compliance with the ADA or compliance with all applicable laws and that ADA enforcement is limited to an action filed by an individual who has been subject to discrimination on the basis of a disability. Mr. Knight continued that the Board will be making a recommendation to include ADA compliance as a component in future leases on City- owned property. City Manager Sollenberger stated that the Commission should delay deliberation on this item; that an Administration's recommendation will be provided after input is received from the Department of Building, Zoning, and Code Enforcement and the opinion from the City. Attorney's Office is forwarded to the Commission. Municipal Ordinance Mr. Knight stated that Board recommends legal review of enacting a municipal code ordinance requiring private property owners to create properly signed disabled parking in accordance with ADA requirements and permit City enforcement on those parking spaces, ; that a copy of the municipal code of Jacksonville, Florida, which includes regulation as referenced, has been requested and will be forwarded to the Administration upon receipt. On motion of Commissioner Patterson and second of Commissioner Dupree, it was moved to receive the report from the Citizens with Disabilities Advisory Board and refer the issues raised to the Administration for consideration. Motion carried unanimously (4 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. > Submittal of Resignation Mr. Knight submitted his letter of resignation as Chairman and member of the Citizens with Disabilities Advisory Board; and stated that an employment opportunity out of town has been secured. Vice Mayor Pillot stated that the benefit of Mr. Knight's leadership and dedication on the Board was appreciated and will be missed. Book 40 Page 13744 10/21/96 6:00 P.M. Book One Page 13745 10/21/96 6:00 P.M. City Manager Sollenberger stated that Mr. Knight has been of great assistance in helping the Administration comply with the ADA requirements. The Commissioners thanked Mr. Knight for his service and wished him well in his future endeavors. 6. PRESENTATION RE: MAYOR'S CITATION TO DELJOUVALINE WILLIAMS FOR THE POSITIVE RECOGNITION BROUGHT TO THE COMMUNITY #1 (0631) through (0712) #1 (1063) through (1187) Vice Mayor Pillot requested that Deljouvaline Williams join him before the Commission. Ms. Williams stated that she produced a video-taped commentary and in-depth look at her neighborhood and family in Sarasota; that the video diary, showing the good and bad sides of her life, was nationally broadcast on the CBS newsmagazine 48 Hours; that she provided interviews for newspapers and news stations and had the opportunity to meet the Mayor of the City of Orlando. On behalf of the City Commission, Vice Mayor Pillot read in its entirety the Mayor's Citation recognizing Ms. Williams as being selected from among thousands of teen applicants to relate in her own words and through video how one can triumph over and be successful despite obstacles and extending a sincere wish for success in future endeavors and with reaching her goal to become an obstetrician. 7. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 3, 4, 5, 6, AND 7 - APPROVED (AGENDA ITEM III-A) #1 (1187) through (1212) 1. Approval Re: Authorize the City Manager to execute a contract for sale of real estate between the City of Sarasota and Betty Gillespie in the amount of $26,900 for the sale and rehabilitation of City-owned property located at 2919 Noble Avenue 2. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Municipal Services and Pre- Annexation Agreement for Samuel Smullin, General Partner of Bersam Development Company for property located at 3908 S. Tamiami Trail (Sites 11-la, 11-1b & 11-12) 3. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Municipal Services and Pre- Annexation Agreement for Rebecca Mouhot at 3838 Flores Avenue (Site 11-31) 4. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute and record the Quit Claim Deed and the Corrected Easement for the water lines on the Glengary Shoppes property located at 4000 S. Tamiami Trail 5. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute an Agreement between Manatee County and the City of Sarasota on behalf of the Sarasota Bay National Estuary Program to contract with appropriate consultants to undertake projects and activities summarized in the FY 96 Workplan 6. Approval Re: Set for public hearing proposed Ordinance No. 97-3971, pertaining to assessment of fees for excessive false security alarms; repealing exiting Chapter 4, Alarm Systems Article II pertaining to burglar alarms; amending Chapter 11, Buildings and Building Regulations to establish a new Article XII, Alarm Systems; providing definitions; assessing a schedule of fees; providing a procedure for repeat offenders; stating findings of facts concerning false alarms and their detrimental effect; providing for a penalty for violations equal to a fine not exceeding five hundred dollars or by imprisonment for a term not exceeding sixty days, or both; providing for the severability of the parts hereof if declared invalid; repealing ordinances in conflict; etc. 7. Approval Re: Request for advanced Planning Board Report to be placed on the agenda of November 18, 1996, regarding Petition No. 96-SUB-02, Symphony Court located at 261 Bailey Road On motion of Commissioner Patterson and second of Commissioner Dupree, it was moved to approve Consent Agenda No. 1, Items Nos. 1 through 7 inclusive. Motion carried unanimously (4 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 8. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 97R-937) ADOPTED; ITEM 2 (ORDINANCE NO. 96-3954 - ADOPTED; ITEM 3 (ORDINANCE NO. 96-3967) - ADOPTED (AGENDA ITEM III-B) #1 (1212) through (1292) City Auditor and Clerk Robinson read proposed Resolution No. 97R-937 in its entirety and proposed Ordinance Nos. 96-3954 and 96-3967 by title only. 1. Adoption Re: Proposed Resolution No. 97R-937, appropriating $226,500 from the Local Option Sales Tax Fund to fund renovation of rotunda restrooms ($35,000) and field lighting ($45,000) at the Stadium; Hatton Book 40 Page 13746 10/21/96 6:00 P.M. Book One Page 13747 10/21/96 6:00 P.M. Street extension ($108,500); and the Mobile Home Park Auditorium roof replacement ($38,000); etc. 2. Adoption Re: Second reading of proposed Ordinance No. 96-3954, amending the procedures for processing proposed amendments to the Local Government Comprehensive Plan, as set forth herein; making findings as to need; amending the regulations pertaining to said amendment procedure; setting forth the schedules for processing amendments to the Comprehensive Plan for the 1997 cycle and subsequent year; providing for the severability of the parts hereof; repealing ordinances in conflict; etc. (Title Only) 3. Adoption Re: Second reading of proposed Ordinance No. 96-3967, amending Chapter 37 of the Sarasota City Code, Water and Sewers, by extending the transfer of impact fee credit for affordable housing organizations and requiring the affordable housing organization to enter into a density transfer agreement with the City to be recorded in the official records of Sarasota County and the City so as to put the public on notice of the impact fee credit transfer; providing for automatic repeal after three years; repealing ordinances in conflict; etc. (Title Only) On motion of Commissioner Merrill and second of Commissioner Dupree, it was moved to adopt Consent Agenda No. 2, Item Nos. 1 through 3 inclusive. Vice Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 9. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM VI) #1 (1295) through (1575) The following person came before the Commission: Philip Dasher, 926 Boulevard of the Arts (34236), representing Marina Suites Association, Inc., stated that although a management response team was established eight months ago to examine boat noise in the Quay Basin and crime in the surrounding area, the issues have not been resolved; that the name of an executive who has extensive knowledge dealing with noise ordinances involving communities and boats and who offered assistance in drafting an ordinance for the City of Sarasota was provided to John Lewis, Chief of Police, Sarasota Police Department, approximately five months ago; that two weekends ago, two unmuffled boats left the Quay Basin at 2:30 a.m.; that the Marina Suites Association anxiously awaits progress on the boat noise issue. Mr. Dasher continued that a resident of Marina Suites was mugged in the Hyatt parking lot at 5:45 a.m. on August 16, 1996; that many of the residents at the condominiums walk dogs and guests at the Hyatt leave for the airport during the early morning hours; that as previously requested by the Commission, statistical information regarding crime in the 888/Hyatt/Quay Basin area has been compiled; that crime in the area is significant and needs address. Mr. Dasher further stated that construction on an enclosed structure at the Down Under Jazz Bar has commenced; however, the details of the project have not been communicated to the Marina Suites Association; that two issues are raised with the construction: 1. The special exception negotiated by Lawrence Point, Marina Suites, Sarasota Quay, and the City of Sarasota regarding the types of use in the boat basin included use of all the parking spaces available to Sarasota Quay. Mr. Dasher stated that the proposed expansion of the Down Under Jazz Bar requires at least seven parking spacesi and asked if modifications to the special exception have been made without the consent of the other parties involved and which boat slips the Quay intends to release? 2. A variance is required to construct a building closer than 30 feet from the water. Mr. Dasher stated that the construction at the Down Under Jazz Bar is occurring approximately 10 to 12 feet from the water; that notice of public hearing on a variance has not been received. City Manager Sollenberger stated that the Police Department will be directed to forward information regarding the boat noise in the Quay Basin and crime in the area to Mr. Dasher; that a call was received from Mr. Dasher last week regarding expansion at the Down Under Jazz Bar; that a report from Timothy Litchet, Manager of Zoning and Code Enforcement, regarding the issues raised has been received; that a dictated letter is ready for signature and will be mailed to Mr. Dasher with the report tomorrow. Commissioner Patterson asked if the Commission will receive copies of the responses from Staff? City Manager Sollenberger stated yes. 10. UNFINISHED BUSINESS: REPORT RE: STATUS OF FINAL DRAFT OF THE PROPOSED ORDINANCE AMENDING CHAPTER 20 RELATING TO REGULATION OF NOISE - NO ACTION TAKEN (AGENDA ITEM VII-1) #1 (1575) through #3 (1824) Mark Singer, City Attorney's Office; John Lewis, Chief of Police, Sarasota Police Department; and Ian Caddie, Civil Engineer, a sound Book 40 Page 13748 10/21/96 6:00 P.M. Book One Page 13749 10/21/96 6:00 P.M. expert retained by the City to take measurements of sound in the Commercial-Central Business (C-CBD) Zone District, came before the Commission.. Attorney Singer stated that on August 19, 1996, the City Commission directed that the City Attorney's Office prepare a proposal for an ordinance to address noise problems in the C-CBD Zone District; that a proposed revision to Chapter 20 of the City Code, containing regulation on noise in the City, has been drafted for discussion purposes as follows: 1. to prohibit outdoor amplified music not coming from an enclosed structure in the C-CBD Zone District after a specified hour Attorney Singer stated that the proposal provides definitions for amplified music and an enclosed structure and prohibits amplified music in the C-CBD zone district after 10 p.m.; that the time of 10 p.m. was based on existing regulations which prohibit the use of loud speakers, power tools, and testing of emergency signaling devices after 10 p.m.. 2. to establish maximum sound level for the C-CBD Zone District based upon decibel measurement Attorney Singer stated that the sound level has been left blank in the proposed revision; that the report received from Mr. Caddie recommends a decibel reading of 70. 3. to effectuate a significant change in terminology Attorney Singer. stated that currently, the City Code prohibits noise which is loud and raucous; that based on a model ordinance from the City of Long Beach, New York, enacted in May 1996, the proposed revision replaces the phrase "loud and raucous" with "sound which annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a reasonable person of normal sensibilities. Attorney Singer continued that discussion by the Commission is requested regarding: 1) whether amplified music in the C-CBD Zone District should cease after a specific time and if so at what time, 2) whether regulation for a maximum sound level in the C-CBD Zone District should be established and if so at what level, and 3) whether different decibel readings before 10 p.m. and after 10 p.m. should be established. Mr. Caddie cited his experience which included consulting work for the Florida Department of Transportation (FDOT), the Florida Turnpike Authority, the Tampa/Hillsborough Expressway Authority, Seminole County, and the Suncoast Expressway; land owners and developers of restaurants and entertainment establishments; as well as the developers of the high-speed train in Florida. Mr. Caddie referred to and summarizéd his preliminary report containing field studies, research of selected noise reports, and recommendations to assist in establishing appropriate noise levels and compliance measuring procedures. Mr. Caddie stated that the purpose of the preliminary report is to discuss environmental noise levels, requisite for the protection of public health and welfare, without consideration of economic elements or attitudes about the desirability of undertaking any activity which produces high noise levels. Mr. Caddie continued that a field measurement study was conducted between 7:30 p.m. and 11:30 p.m. on October 11 and October 12, 1996; that an establishment in the Lemon Avenue/Main Street area with outside bands playing and an establishment at the Sarasota Quay with closed doors and double-pane windows were selected as the field sources; that noise levels were recorded at a distance of 5 to 10 feet from the entrance of the selected establishments during two time periods: before 10 p.m. and after 10 p.m.i that the sound levels were measured while the source under investigation was operating under normal, routine conditions; that weather conditions were good during the testing period with temperatures ranging from 65 to 70 degrees fahrenheit; that members the City Attorney's Office and the Sarasota Police Department accompanied him as the field measurements were conducted. Mr. Caddie referred to the following schedule of results from the field measurement study conducted: Before 10 p.m. After 10 p.m. 10/11 - 10/12 10/11 - 10/12 Lemon Coast Grill 71 73 76 74 Gator Club 67 56 74 76 Main Street Depot 71 68 79 79 In Extremis 73 70 56 70 Quay outside deck 58 60 56 55 Dolphin Towers 61 n/a 61 70 888 Blvd. of Arts 53 53 50 49 Mr. Caddie stated that the 70 decibel (dB) noise level at In Extremis was taken with the doors open; that the readings at Dolphin Tower were taken on the roof facing the Lemon Avenue/Main Street area; that the readings obtained at 888 Boulevard of the Arts were taken at the rear dock facing the commercial establishments. Book 40 Page 13750 10/21/96 6:00 P.M. Book One Page 13751 10/21/96 6:00 P.M. Mr. Caddie referenced research of the following published reports: > United States Environmental Protection Agency Information on Levels of Environmental Noise Requisite to protect public health and welfare with an Adequate Margin of Safety, March 1974 Federal Aid Program Manual Federal Aid Highway Program Manual, May 14, 1976. Department of Housing and Urban Development Title 24, Code of Federal Regulations, Part 51, issued at 44 FR 40860, July 12, 1979; amended by 49 FR 880, January 6, 1984. Trends of Public Reaction "Highway Research Report, Can Noise Radiation Be Reduced By Design?", California Transportation Agency, Division of Highways, January 1968. Impact of Vehicular Traffic Noise 1994 Mr. Caddie stated that Christopher Raleigh, one of the nation's leading architects and designer of restaurants, i.e., the Hard Rock Cafe and other clubs that use high levels of internal noise to develop the synergy and energy required for successful operation, was interviewed during the research phase. Mr. Caddie continued that the ambient noise level at the threshold or property line of the selected establishments indicated live or amplified music played at 70 and 80 decibels measured by a sound level meter using the A-weighting (dBA) ; however, sound decreases over distance; that a sound level decreases to 55 to 65 dBA over a distance of between 300 and 500 feet; therefore, keeping a buffer distance of at least 500 feet between commercial and residential locations is essential; that based on the previously referenced reports and data, 65 dBA in and around residential areas between 7 a.m. and 10 p.m. and a lower level of 55 dBA between 10 p.m. and 7 a.m. are recommended as acceptable external noise levels; that the United States Environmental Protection Agency (USEPA) has identified an exterior noise level not exceeding 70 dBA as acceptable to the public's health and welfare; that as technical difficulties occur with accurately and reliably pinpointing the source of noise at a distance when multiple noise sources are present, he recommends that noise levels be measured at the threshold or property line of commercial properties for a duration of five minutes under normal operating conditions. Mr. Caddie further stated that noise is evaluated in two ways: by intensity and by loudness; that intensity can be quantified by measuring the sound level; however, the degree of loudness is an individual interpretation and therefore subjective in nature; that the City Commissioners' taking a field trip to observe and experience the actual noise levels measured is highly recommended before making a decision regarding an appropriate dB level. Mr. Caddie stated that a clear-cut and simple compliance technique should be established if the City decides to enact a new noise ordinance; that establishing a maximum permitted noise level at the entrance and exits of the establishments, which would require no speculation and is easily and quickly measured with a general purpose sound level meter by a certified user, is recommended; that the maximum permitted level of continuous noise from any properties measured at or beyond the property boundary from which the sound emanates are recommended as follows: Commercial At All Times 70 dBA Residential exterior 7 a.m. to 10 p.m. 65 dBA 10 p.m. to 7 a.m. 55 dBA Mr. Caddie distributed and referred to a chart entitled Noise Pollution - Basic Introductory Survey, which outlined sound levels in various environments, i.e., 100 dB for rock bands. Mr. Caddie distributed and referred to the following table taken from the "Highway Research Report, Can Noise Radiation Be Reduced by Design?": TREND OF PUBLIC REACTION TO PEAK NOISE NEAR RESIDENCES dBA Response 90 Local committee activity with influential or legal action 85 Petition of protest 80 Letters of protest 75 Complaints likely 70 Complaints possible 65 Complaints rare 60 Acceptance Mr. Caddie stated that Church Street Station, a downtown entertainment area designated as an overlay district, is separately Book 40 Page 13752 10/21/96 6:00 P.M. Book One Page 13753 10/21/96 6:00 P.M. addressed in the City of Orlando noise ordinance; that as few residential accommodations are located immediately adjacent to the area, a * dBA of 75 has been established. Commissioner Merrill asked if the Highway Research Report refers to peak "traffic" noise near residences? Mr. Caddie stated yes; however, the data is applicable to all noise sources; that the table was distributed to show the dB level at which complaints are likely. Commissioner Merrill stated that noise from traffic is a different type of noise; that road noise seems to be more acceptable to the public than other types of noise. Commissioner Patterson stated that the table references complaints possible at 70 dBA; and asked for the location at which the measurement is taken in relation to a home? Mr. Caddie stated that 70 dB would be the external noise measured approximately six feet from the outside of a home. Attorney Singer requested that Mr. Caddie clarify the difference in sound intensity from 70 dB to 73 dB.. Mr. Caddie stated that decibels measure the sound pressure registering on the human ear and can vary widely; that the decibel scale is logarithmic; that an increase of 3 dB would produce approximately 50% more noise; that noise levels are subjective; that individuals have different reactions, for example, to sound measured at 70 dBA, 75 dBA, or 65 dBA. Commissioner Dupree asked what accounts for the different reactions to noise? Mr. Caddie stated that a person's age and threshold for hearing as well as the activity occurring are factors; that, for example, people attending a night club frequênt the establishment presumably for the high level of energy and noise. Commissioner Merrill stated that as he understood, an increase by 3 dB is the point at which the ear identifies a change in noise level; that, mathematically, a doubling of the sound source occurs with an increase of 3 dB but, realistically, the sound is not heard as 50% louder. Mr. Caddie stated that is correct; that, generally, an increase of 3 dB to 4 dB can be detected by the ear. Commissioner Patterson stated that the difference between 70 and 56 is great; and asked if the 70 dBA and 56 dBA readings taken at In Extremis were both measured with the doors closed? Mr. Caddie stated yes; that the establishments investigated at the Sarasota Quay had doors and pane or double-pane windows; that the measurements were taken at the same location. Commissioner Patterson asked for the specific location of the "outside deck" referenced in the field measurements schedule. Mr. Caddie stated that the measurements for the outside deck were taken at the Quay in the vicinity of the Down Under Jazz Bar. Commissioner Merrill stated that the Noise Pollution chart references 40 dB for a quiet living room and 65 dB for a busy business office; and asked the decrease in dB which could be expected upon closing open windows in a house if the outside level were measured at 70 dBA? Mr. Caddie stated that the noise level would decrease considerably. Mr. Caddie distributed a handout entitled, Some Methods of Containing Noise Inside a Building; and stated that noise reductions between 25 to 35 dB can be achieved through attention to windows, insulation of walls and roofs, use of double-strength or double-pane glass, replacing hollowcore doors with solid core units and double-door arrangements. Commissioner Merrill asked if a 45 dB inside level is feasible with windows closed and an outside level of 70 dB? Mr. Caddie stated yes. Commissioner Merrill stated that the Noise Pollution chart indicates 25 dB for a bedroom; that a noise level of greater than 25 dB would be expected in . a bedroom with windows closed if the external noise level is 70 dB. Mr. Caddie stated that is correct based on the chart and the potential sound reduction of 35 dB achieved by closing windows. Commissioner Merrill stated that the continuous beat-thumping sound heard by residents in the 888/Hyatt/Quay Basin has been raised as an issue; that measuring decibels addresses the level of noise; and asked if controlling the nature of noise has been addressed? Mr. Caddie stated that pure tone measurements and impulse measurements can be used to measure background noise; howèver, sophisticated equipment and extensive training of Staff would be required to obtain proper measurements; that compliance and enforcement depend on a straight forward measurement; therefore, the majority of ordinances and public documents utilize "L eq", Book 40 Page 13754 10/21/96 6:00 P.M. Book One Page 13755 10/21/96 6:00 P.M. which is an equalized noise level over a set period of time, i.e., the average reading measured over five minutes. Commissioner Patterson stated that the dBA readings for the outside deck at the Quay are low; and asked if the measurements were taken while bands were playing and if the doors were open or closed? Mr. Caddie stated yes; that music was being played; that the doors were open; that data referenced is from a preliminary report; that further readings will be taken to supplement the data presented. Commissioner Dupree asked if the listener's ability to tolerate noise is a factor? Mr. Caddie stated that loudness is subjective; that the sound level heard by residents in the 888/Hyatt/Quay Basin would not be the 70 dBA measured across the water at the Sarasota Quay establishments; that sound reduces over distance and is further reduced by sound attenuation achieved by closing the windows. Commissioner Dupree asked if the extent of the reduction would be the same regardless of the evening hour? Mr. Caddie stated that the reduction is generally the same; however, other noises during earlier evening hours produce an ambient noise level higher than the level present later in the evening or during the early morning hours. Vice Mayor Pillot requested comment from Mr. Caddie regarding the effect of continuity of noise, e.g., a loud boat passing a residence, which is a short, startling noise, versus a loud boat idling in the water in front of a residence for an hour or longer. Mr. Caddie stated that the American Psychiatric Association has performed studies on sleep deprivation resulting from noise levels waking people during the night; that an impulse noise which occurs at 2 p.m. would not have the same effect on a person as an impulse noise which occurs at 2 a.m.; that continuous noises have a greater effect on people than short impulse noises; that exposure to a level of noise over several hours would be more irritating and stressful than an impulse noise. Vice Mayor Pillot asked if Mr. Caddie were a resident in the areas investigated would he be more affected by five minutes of sound at 70 dB or two hours of sound at 65 dB? Mr. Caddie stated that 65 dB externally would be comfortable internally; that 65 dB internally would be too loud; that 70 dB was recommended as a preliminary baseline for discussion; that sound emanating at 70 dB in the central area downtown should decay to an acceptable level before reaching the Dolphin Tower. Commissioner Patterson stated that the field measurement schedule indicates 61 dBA at the Dolphin Tower and 71 dBA at the Lemon Coast Grill before 10 p.m. on October 11, 1996; that the 61 dBA was recorded outside on the roof of the Dolphin Tower; that interior sound reduction by 25 dB is possible based on the data provided; and asked if the interior level of sound at the Dolphin Tower was verified? Mr. Caddie stated no; that the recommended dB levels are based on external noise. Commissioner Merrill asked the dB level on the dance floor or directly in front of a band at a club? Mr. Caddie stated that the noise level at a Hard Rock Cafe is approximately 90 to 95 dB. Commissioner Merrill asked the sound level anticipated on the sidewalk on Lemon Avenue if the band at the Lemon Coast Grill were playing at 90 to 95 dB? Mr. Caddie stated that a portion of the Lemon Coast Grill has a roof and hard surfaces; that some of the sound reflects around the interior of the building; that the noise level at the Lemon Coast Grill was measured at 71 dBA at the curb. Commissioner Merrill asked the effect an additional length of 50 feet over open space would have on a sound level measured at 90 dB 50 feet from the source? Mr. Caddie stated that a decrease between 6 to 10 dB could occur. Commissioner Merrill asked the source decibel level required to achieve an external noise level of 70 dBA at the Lemon Coast Grill? Mr. Caddie stated that he does not know; that 70 dBA probably could be achieved if the source level were at 75 to 80 dB; that a higher level at the source would be feasible if a door and windows were installed at the Lemon Coast Grill. Commissioner Merrill stated that a portion of the Lemon Coast Grill has no roof; that the installation of windows may reduce the level of sound emanating out the front door at street level without affecting the level of sound escaping through the top of the building; that, for example, sound from a band playing at 90 dB, although measured at 70 dBA on the curb, could produce a higher sound level at Dolphin Tower. Mr. Caddie stated that the buffer distance between the Lemon Coast Grill and Dolphin Towers would reduce the sound level. Book 40 Page 13756 10/21/96 6:00 P.M. Book One Page 13757 10/21/96 6:00 P.M. Vice Mayor Pillot stated that the proposal to measure 70 dBA from 5 to 10 feet of the door at an establishment is not intended to limit the volume inside. Mr. Caddie stated that is correct. Commissioner Merrill stated that reference has been made to the 75 dBA measurement used in the City of Orlando; and asked if the readings are taken at the perimeter of the overlay district or at the curb in front of the establishments? Mr. Caddie stated that residential accommodations are not located in the vicinity of the overlay district; that the measurements are taken at the perimeter of the district. Commissioner Merrill stated that the City of Sarasota Vision Plan encourages residential uses in the downtown area; that other cities' downtowns have large residential componentsi and asked how the noise conflict between commercial and residential properties has been addressed in other cities, e.g., in Chicago, Illinois, Boston, Massachusetts, or New York City? Mr.. Caddie stated that buffering between the commercial and residential areas is important; that the cities referenced have high external noise levels from traffic and street-level activity; that one report researched indicated the noise level in Boston at 70 dB with nothing else occurring. Commissioner Merrill stated that the first few floors of the residential high-rise buildings may be designated as light commercial or office use to provide vertical buffering. Commissioner Merrill stated that 70 dBA at the curb in front of Lemon Coast Grill would preclude residents at the Dolphin Tower who have bedrooms facing downtown from opening their windows; that the acceptable level of 25 dB for a bedroom could not be achieved in the downtown without closed windows. Mr. Caddie stated that is correct. Commissioner Patterson stated that she was raised in New York City and frequents the city two or three times annually; that similar concerns and complaints regarding potential disturbances are raised by New York residents when a bar is established in a predominantly residential area; that property is valuable and apartment buildings are located on top of the commercial establishments; that except for concerts in Central Park or special events, outdoor music is not played; that people pay considerably higher rates to secure an apartment on the upper levels or facing away from the street; that the larger cities may have ordinances which are more restrictive than the City of Sarasota is willing to consider. Commissioner Patterson continued that Dolphin Towers is a long distance away from the Lemon Coast Grill by normal measurements; however, the internal noise at Lemon Coast Grill may be reverberating off the wall to the rear of the building, which does not have a roof, and the sound targeting the upper-level units at Dolphin Towers, Mr. Caddie stated that his reference to' sound attenuation measures at the Lemon Coast Grill included installation of a roof on the rear building. Commissioner Patterson stated that closed doors assist in maintaining an acceptable level of sound at establishments; that Dolphin Tower residents may be affected by noise emanating through doors held open by a brick at Caragiulo's on Palm Avenue; that perhaps mandating closed doors should be considered. Mr. Caddie stated that could be: considered; however, taking measurements at the curb is a clear-cut, enforceable method of determining compliance; that an acceptable noise level could be achieved with the doors open. Commissioner Patterson asked if the noise level in a bedroom at Dolphin Towers with the windows closed would be at an acceptable sleeping level if the sound level at Lemon Coast Grill measures 70 dBA? Mr. Caddie stated yes. Commissioner Patterson asked if baffling the rear wall of Lemon Coast Grill would assist in effectively reducing the sound emanating from the building? Mr. Caddie stated that acoustical panels and baffling products that reduce noise are available; however, he would be reluctant to advise that such a product would reduce the noise level at the Lemon Coast Grill. Commissioner Dupree asked the extent to which the baffling products reduce the amount of noise level? Mr. Caddie stated that the products reduce noise levels but not to the same extent as windows, doors, walls and other components of an enclosed solid building. Commissioner Merrill stated that a workshop to discuss the technical aspects of this issue should be scheduled. Commissioner Merrill continued that the owners of Lemon Coast Grill purchased and installed approximately $5,000 worth of palm trees; and asked if planting palms trees around an establishment has any appreciable effect on sound levels? Mr. Caddie stated that studies conducted for the Florida Department of Transportation (FDOT) on various noise barriers indicate that Book 40 Page 13758 10/21/96 6:00 P.M. Book One Page 13759 10/21/96 6:00 P.M. the attenuation provided from planting trees is almost negligible, unless the trees are dense, approximately 10 to 15 feet thick. Commissioner Merrill stated that an open door at Caragiulo's may not have the same effect as an open roof on the Lemon Coast Grill; and asked if an open door emitting sound at 90 dB is more harmful within the street environment than a band playing at 80 dB in a building with no roof and open space? Mr. Caddie stated that an open-air band playing would be more harmful. Commissioner Merrill stated that taking measurements at the door may require the lowering of interior sound at establishments which are not currently causing a noise problem; that, for example, Bellini Ristorante on Main Street purposely installed sliding glass doors at the jazz bar to provide a melodic ambiance for patrons dining outside; and asked the noise level a jazz band would emit? Mr. Caddie stated that the noise level of a jazz band inside a building may be 80 to 90 dB; that the configuration and surface of the room are factors, e.g., sound bounces off tile and wooden floors. Commissioner Merrill stated that the proposed revision references "a normal door"; that doors will be opened and noise will escape as people arrive and leave at night clubs; and asked if a building with sliding glass doors across the front would be considered an enclosed structure? Attorney Singer stated that the definition of a completely enclosed structure was not intended or used in conjunction with the dB measurements and applies to indoor amplified music; that the regulations which would require an establishment to cease outdoor amplified music would not apply; that establishments which have sliding glass doors that are closed can be included in the definition as an enclosed structure. Commissioner Patterson stated that the sliding glass doors could be open continuously. Attorney Singer stated that the establishment would not be considered completely enclosed while the sliding glass doors were open. Commissioner Patterson stated that the establishment may have to close the sliding glass doors at a certain hour. Commissioner Merrill stated that unintended consequences of a comprehensive ordinance should be considered; that an ordinance requiring measurement of sound at the street level, designed to address a specific noise problem in the downtown, could negatively impact establishments which are not currently considered a problem, i.e., the jazz bar at Bellini Ristorante, Attorney Singer stated that 70 dB has been recommended for discussion purposes; that the City does not have a district as well defined at the overlay district for Church Street Station in Orlando; that providing for the measurement as suggested not only will assist in the enforcement by officers but will also allow the affected properties to take measurements at specific locations. Commissioner Merrill stated that a compromise is necessary which will resolve the existing problems without creating new problems. Commissioner Dupree asked if a comparative analysis has been performed regarding the level of sound acceptable to people of varying age groups, e.g., under 30 versus over 30? Mr. Caddie stated no; that an established maximum permitted noise level should consider all age groups; that younger people may enjoy a higher level of noise, particularly inside, than older people would. Vice Mayor Pillot stated that this item was agendaed for the Administration to obtain input before drafting a proposed ordinance; that a public hearing will be held when a proposed ordinance is presented to the Commission for consideration; that a summary by the Administration would be appropriate at this time. Attorney Singer stated that the time at which amplified music should cease and the dB level which should be permitted in the C-CBD Zone District are issues which need to be clarified before a final draft ordinance can be prepared; that Mr. Caddie will be taking additional field measurements; that a workshop could be scheduled after the additional data is complied and to discuss the proposed change in the "loud and raucous" standard. Police Chief Lewis stated that Mr. Caddie met with the Police Department Staff, Attorney Singer, and the City's prosecutor prior to conducting the field measurements; that Lieutenant Louis White III, assigned to coordinate noise enforcement in the City, accompanied Mr. Caddie on October 11 and 12, 1996, as the measurements were recorded; that Russell Pillifant, Deputy Chief of Police, also observed the field measurements on October 12. Vice Mayor Pillot stated that the following extremely constructive, helpful, and beneficial letter was received by the Commission on Friday, October 18, 1996: Dear City Commissioner: Book 40 Page 13760 10/21/96 6:00 P.M. Book One Page 13761 10/21/96 6:00 P.M. I represent the citizens action group "Save Downtown Outdoor Music." We are dedicated to preserving live, outdoor music pertormances for the enjoyment of all residents and visitor. The open-air feeling sets the tone for downtown and reflects a revitalize, healthy, and growing night life welcoming hospitality business to the area. We believe that it should stay this way. We realize there are some problems with loud volume which could offend some residents. There are solutions, such as: intelligent noise ordinances, discipline within the bands, and technical use and placement of loud speakers. Please engage us in a dialogue in this matter, and let us come to a solution which is amenable to everyone in the community. All we want is growth and prosperity for our City. Sincerely, Gary L. Drouin Vice Mayor Pillot requested that the people signed up to speak assist the Commission in drafting an intelligent noise ordinance. The following people came before the Commission: Joyce Mintzer, Dolphin Tower (34236), stated that noise in the downtown has become a political issue; that the residents of Dolphin Tower desire a solution amenable to all parties; that the noise levels in bedrooms of the Dolphin Tower residents is not at 25 to 35 dB, which has been referenced as acceptable; that Dolphin Tower residents have the same right to open windows as Bellini Ristorante; that the music emanating from Caragiulo's is a major problem; that the condominiums were the building blocks of the city and remained when businesses in the downtown previously failed; that a unified commercial/residential mix in the downtown is desired; that she is willing to assist the City as necessary in resolving the noise problem which has been ongoing for 10 months. Peter Hickman, President, Dolphin Tower Condominium Association (34236), stated that the letter from Gary Drouin was encouraging; that reaching a resolve to alleviate suffering residents at the Dolphin Tower who have been unable to sleep over the past 10 months is desired; that efforts to address the problem with City regulation have been unsuccessful; that a strong, fair ordinance is necessary to control existing noise levels and to prevent future escalation of the noise problem in the downtown area. Robert Barnhart, 101 Gulf Stream Avenue 14F (34236), representing Bayfront Property Owners Committee, stated that the Bayfront Property Owners Committee is comprised of 12 condominiums along South Gulf Stream and South Palm Avenues; and cited the following from the letter presented to Mayor Cardamone at the June 3, 1996, City Commission meeting: I have conducted a survey of the condominiums represented on the Bayfront Property Owners Committee. Those that are located south of Ringling Boulevard have not experienced the noise problem reported by Dolphin Tower, but they are generally in support of a revised ordinance that would lead to better enforcement. One reason is to support the Dolphin Tower and another is to prevent more activities in the downtown area that would generate disturbing noise levels. Philip Dasher, 926 Boulevard of the Arts (34236), representing Marina Suites Association, Inc., stated that most of the discussion has focused on Dolphin Towers, who have been experiencing a problem for 10 months; that the residents at the 888/Hyatt/Quay Basin have been experiencing noise problems for seven years; that the problems are different in terms of distance; that the residences and the Sarasota Quay, which acts as an amphitheater, are separated by water; that sound levels vary from unit to unit; that the field measurements were not conducted while complaints were occurring; that interior sound levels of 90 dB and 100 dB haye been referenced; that in a case against Occupational Safety and Health Administration (OSHA), the court upheld that substantial evidence supported OSHA's finding that noise exposure at 85 dB poses a significant risk of material hearing impairment. Mr. Dasher continued that booming bass sounds travel across the water from the Quay to residences; that the sound level emanating from the Down Under Jazz Bar with the doors open was recently measured at 85 dB from one of the condominium units; that the purpose of taking measurements at the sound source is not understood; that he previously suggested to Police Chief Lewis that an amplifier and' a control sound source be placed in the affected units and the sound measured inside the units as a controlled experiment; that police officers measuring the sound after responding to a complaint may not be sufficient; that meters coupled with a recording device registering time and decibel should be placed outside the establishment to achieve evidence of a violation. Mr. Dasher further stated that Mr. Caddie's report does not include the specific times at which the field measurements were conducted; that many of the noise disturbances in the 888/Hyatt/Quay Basin occur after midnight and as late as 2 a.m. to 3 a.m.; that the term "ambient noise level" should be further clarified; and asked if the ambient noise level is the baseline above which 70 dB is measured? Book 40 Page 13762 10/21/96 6:00 P.M. Book One Page 13763 10/21/96 6:00 P.M. Mr. Dasher stated further that in accordance with the existing ordinance, notice of violations are given to the manager of the establishment, who is subject to a misdemeanor; that management at the Sarasota Quay is transient; that the owner, not the manager, should be responsible for enforcing the provisions of the special exception; that courts are reluctant to punish these types of violations on a misdemeanor level; that the misdemeanor should be eliminated and the fines increased on a tiered level based on number of violations. Mr. Dasher requested more involvement by residents in the 888/Hyatt/Quay Basin when future field measurements are taken. David Venafro, Owner, Lemon Coast Grill, 35 South Lemon Avenue (34236), stated that a meeting held between the owners of Lemon Coast Grill, Dolphin Tower representatives, Police Chief Lewis, Deputy Police Chief Pillifant, and two sound engineers shortly after the June 17, 1996, regular City Commission meeting resulted in agreement on a noise level of 78. dB. at the Lemon Coast Grill; that the 78 dB level has been observed; that delivery of the outdoor sound baffles previously ordered has been delayed pending a report and recommendation from a sound engineer consultant from St. Petersburg, Florida; that a request for access by the sound engineer to residences at Dolphin Tower was denied; that additional improvements have been delayed as the Commission's deliberations regarding a noise ordinance may ultimately prohibit outdoor music, thus making any efforts towards noise suppression at the Lemon Coast Grill a waste of time and money. Mr. Venairo, continued that the treatment of the Lemon Coast Grill and the Venafro family as received by the City Commission regarding the alleged noise disturbance, at very best, has been disrespectful, callous, and in great disregard to continued livelihood; that consideration of closing the Lemon Coast Grill or prohibiting the Lemon Coast Grill from playing amplified music in the heart of a growing City and a business district, where a condominium exists, is extremely drastic; that directing an ordinance be drafted without seizing the opportunity offered to personally view the situation indicates the Commission does not care what happens to the Lemon Coast Grill or the Venafro family. Mr. Venafro further stated that the Commission previously accused him of procrastinating and lying regarding improvements to address the concerns raised with music at the Lemon Coast Grill; that he contends the problem was resolved in June by a lowering of the volume, but the Commission chooses to take the word of a certain few individuals whose opinion is extreme and biased by the first few months the Lemon Coast Grill was in operation; that the Lemon Coast Grill has received undue harassment and disservice in the form of unwarranted citations in response to anonymous complaints; that the Venafro family has invested nearly one-half dollars into two business in the downtown central business million and greatly contributed to the revitalization efforts of downtown district by beautifying a corner lot which was previously viewed as an eyesore; that he feels the Commission owes the Venafro family an apology. Mr. Venafro stated further that Commissioner Merrill placing a dome roof on the open-air portion of the Lemon suggested Coast Grill; that applying for and obtaining a permit in the of Sarasota is a lengthy process, taking months to City to the time required to sound proof an establishment complete, or draft similar ordinance; that money is also an issue; that the Lemon Coast a Grill new is a family-operated business without substantial cash on that over $5,000 has been expended to purchase and install hand; trees at the Lemon Coast Grill, which was overlooked with palm by the City Commission; that the Venafro family, whose disregard should be commended, deserves and demands more respect; cooperation that the Commission has turned a small problem into a major issue in the City causing a large waste of time and money; that more substantial noise complaints over a longer period of time have been in reference to Dr. Martin Luther King, Jr., registered that Commission has not sought relief for the Newtown Way; the the Lemon Coast Grill is operating under the residents; that CBD Zone District; that a select of guidelines of the C- permitted to group individuals should not be stop or slow a thriving downtown business. Mr. Venafro referred to copies of 21 incident reports filed for 20 complaints received between August 1 and September cited the following from various 10, 1996; and reports: à I responded to 35 South Lemon Avenue in reference to a noise complaint. I observed the noise level to be fair. I notified the manager of the complaint. No further action was taken. Officer responded to a noise complaint at Lemon Coast. The band was not playing while officer was on the scene. Officer advised the manager of the complaint. The management was very cooperative and agreed to turn the music down. No further complaints were called in the evening. during Officer responded to a loud music call. No problem was noted. Officer responded to above location for loud noise complaint. Upon arrival officer did not find the music level to be a problem but still management lowered music anyway. the Book 40 Page 13764 10/21/96 6:00 P.M. Book One Page 13765 10/21/96 6:00 P.M. Benjamin Cord Hathaway, 2347 Tangerine Drive (34239), stated that he is 52 years old and made a living in Sarasota as a musician for 25 years; that he provided one-man-band performances from 1 p.m. to 5 p.m. on Saturday and Sunday afternoons on the patio at Nick's Italian Restaurant on the Water, at the Quay, for three years; that sound was amplified by two small, 10-inch speakers: one which was placed inside the restaurant and one which was positioned facing him; that music was played at approximately 30 to 40 dB; however, continuous police responses to unsubstantiated loud music complaints, filed by one individual, began to affect business at the restaurant; that although violations were never noted, he lost his job and approximately $10,000 annually because the existing ordinance requires police to response to complaints regardless of the number of unsubstantiated complaints previously received by the same individual; that a right for people to complain when a problem does not exist should not be included in a noise ordinance. Thomas Michael Brassard, 469 Parkland Avenue (34231), stated that Gary Drouin's letter was to the point; that passing an ordinance prohibiting outdoor music in the downtown would be a mistake. Michie Drouin, 958 32nd Street (34234), representing Save Downtown Outdoor Music, stated that the noise level should be measured at the complainant's residence with the complainant required to sign a complaint form; that police presence is not good for business; that measuring the noise level first at the complainant's residence would prevent individuals from harassing particular establishments; that the majority of bands play continuously for 45 minutes before taking a break; that police would have time to respond accordingly; that her band plays at the Lemon Coast Grill and the Main Street Depot; that a decibel meter used while playing at the Main Street Depot measured 81 dB behind the drummer on Main Street and 76 dB in the alley toward which the band was facing; that complaints from Dolphin Tower residents were not filed; that frivolous complaints have been registered against the Lemon Coast Grill. Ms. Drouin continued that cooperation from the bands is necessary to resolve the situation. Gary Drouin, 958 32nd Street (34234), representing Save Downtown Outdoor Music, distributed a copy of the noise ordinance adopted in St. Petersburg to address similar community concerns with bands playing at Janis Landing; and stated that the ordinance contains three key elements: 1) a complaint driven dB reading utilizing a witness complaint form, which legitimizes the complaint, 2) L50 set of parameters, which determines a violation if the average sound level over eight minutes is 50% above the maximum level defined, and 3) receiving land use, which requires measurements at the property being affected or impacted by the sound, Mr. Drouin continued that the St. Petersburg ordinance designates sound levels at the receiving land use from 8 a.m. to 6 p.m. at 75 dB and from 6 p.m. to 11 p.m. at 70 dB; that music has peaks; that a meter reading should be based on an average level of sound. Mr. Drouin further stated that a 10 dB increase is considered twice as loud; that based on the inverse square law, a doubling of distance reduces the decibel level by 6 dB; that using distributed sound systems, which places smaller speakers around the perimeter, and lowering the volume, is suggested to resolve the situation with the Lemon Coast Grill; that installation of baffling four to eight feet thick, which is not feasible, would be required to stop bass waves from reverberating off the wall at the Lemon Coast Grill; that he challenges 25 dB as the acceptable level in a bedroom; that high quality recording studios strive to achieve 25 dB. Mr. Drouin stated further that 70 dB at the receiving land use is a reasonable and prudent level. Commissioner Merrill stated that distinguishing the source from which the sound is emanating could be difficult. Mr. Drouin stated that ambient noise in the downtown may reach 70 dB on a regular basis; that proper readings can be achieved with judicious use of a sound meter, a certain set of parameters, and training; that data can be extrapolated back to the point of origin; however, taking the measurement at the establishment is not fair, reasonable, or prudent. Vice Mayor Pillot requested comment on the St. Petersburg ordinance in the next report from Mr. Caddie. Pat McDonald, 110 Bracewell Court, St. Simons Island, GA (31522), stated that as a musician in Sarasota, his livelihood could be affected by an improperly written noise ordinance; that he viewed the performances by Mr. Hathaway; that the noise level was similar to listening to a stereo and should not. have offended anyone; that cooperation is necessary to resolve the situation; that Ms. Mintzer expressed support for an amicable solution; that closing windows and using foam ear plugs should be considered by people who have difficulty sleeping because of noise disturbances. John Prestia, 3420 Aloha Drive (34232), representing Save Downtown Outdoor Music, stated that he has made a living in Sarasota as a musician for 23 years; that the discussion at tonight's meeting has been measured at 68 to 72 dB; that the vibrant, alive downtown which currently exists was nonexistent when he moved to Sarasota; that the vibrancy of downtown should be preserved for his children. Regina Cosper, 2337 Ixora Avenue (34234), representing Save Downtown Outdoor Music, stated that she is providing legal counsel to Save Downtown Outdoor Music; and presented for the record copies of 6,040 signatures on a petition which read as follows: Book 40 Page 13766 10/21/96 6:00 P.M. Book One Page 13767 10/21/96 6:00 P.M. We, the undersigned, believe that, for the continuing revitalization and future growth of Downtown Sarasota, the Commissioners of the City of Sarasota should seek to preserve live outdoor music performances for the enjoyment of all residents and visitors. Attorney Cosper stated that the signatures were obtained from people of a variety of professions and in various age groups who love music and enjoy frequenting Downtown Sarasota to hear live music performed outdoors; that she takes her 14-year-old daughter to see live music performed at the Main Street Depot, an outdoor, non-smokey atmosphere; that the Sarasota music scene has received national and international recognition; that she moved to Sarasota 12 years ago; that Downtown Sarasota was a ghost town, and people feared walking or parking vehicles on Main Street after dark; that a thriving, vibrant, alive downtown currently exists because the music has attracted people to the downtown at night; that the downtown will suffer if outdoor music is prohibited; that previously, people from Sarasota drove to St. Petersburg or Tampa to hear good music; that, currently, people from St. Petersburg and Tampa drive to Sarasota and invest in the local economy, I specifically by frequenting restaurants and eating establishments along Main Street; that bands playing downtown hire local musicians; that establishments which provide live entertainment also hire Sarasotans. Attorney Cosper continued that previous speakers have voiced her concerns with the proposed revisions; that noise should be measured at the location where the disturbance occurs. Michael Drake, 2727 Riverside Drive (34234), stated that in a country which prides itself on majority rule and in a community like Sarasota which prides itself on art and entertainment, allowing. a select few to dictate the need to change regulations is ridiculous; that before a decision is made, the Commission should take into consideration the amount of people who are complaining versus the amount of people who would be affected. Lloyd R. Carlinsky, 2336 Bahia Vista Street (34239), stated that he supports the comments made by John Prestia, Gary Drouin, Attorney Cosper, and David Venafro; that the music scene and talent in Sarasota is outstanding and should be preserved. Dr. Richard W. Burton, 1040 24th Street (34234), stated that foam ear plugs effectively block sound; that the Main Street Depot is one of the few music establishments easily accessible to handicapped people and provides a comfortable atmosphere for non- smokers; that Sarasota is an arts community; that live music is an art which should be supported in Sarasota; that the Trends of Public Reaction data presented by Mr. Caddie was compiled in 1968; that more recent data is available; that several technological solutions exist; however, the issue of a noise ordinance should be abandoned; that noise disturbances should be dealt with on an individual level; that a comprehensive noise ordinance to protéct citizens from noise levels under 120 to 140 dB, which cause physical harm, is not necessaryi that certain noise levels should be expected by people who reside in a busy downtown atmosphere. Alison Daniels, 1678 Loma Linda Street (34236), was no longer present in the Commission Chambers. Dana Victoria, 2175 Goldenrod Street (34239), stated that she was born, raised, and graduated from high school in Sarasota, received an associates degree at Manatee Community College, is classically trained, and currently a lead singer in an all-originals band; that preserving arts and culture in Sarasota for her future family is desired; that. prohibiting live entertainment in an outdoor atmosphere would limit her growth as an artist; that the Lemon Coast Grill is a creative and unique business that offers an open- air area surrounded by a wall and provides a beach-type atmosphere; that placing a measurement on creativeness takes away liberty; that people who choose to live downtown should not expect the quietness of Myakka, Florida; that a noise ordinance regulating how loud her band can play downtown should not be considered. Ms. Victoria continued that the measurements should be taken at the receiving residence and compared the following day; that all residents in Sarasota are not retired or work only between the hours of 9 a.m. and 5 p.m.i that residents working until 10 p.m. should not be prohibited from frequenting the downtown, having a drink and enjoying live entertainment; that the City of Sarasota should be a place for everyone; that she loves Sarasota but if a noise ordinance is adopted which limits the cultural taste available to her children, she will move. Dan O'Neil, 2122 Oak Terrace (34231), stated that the speakers have indicated a willingness to cooperate; that he is a commercial photographer and lifetime resident of Florida; that light meters are used to determine where light falls on the subject's face, not where the light comes from; that sound is similar; that the City has made nationally observed foolish decisions in the past, e.g., regarding the "T-back" issue; that an improper decision on live music could receive similar notoriety; that homeless children and noise issues in Newtown deserve more time and consideration than live music in the downtown; that spending $100,000 on a condominium downtown should not give people the right to control the City; that cooperation is the key to making the city grow and prosper. Sean O'Neil, 101 South Osprey Avenue (34236), stated that at times the sound level measured during this meeting has been 92 dB; that he is a licensed recording engineer and worked in Chicago for 14 years at a production company producing shows in Atlanta and New York; that the musician, businèss, and community environments have Book 40 Page 13768 10/21/96 6:00 P.M. Book One Page 13769 10/21/96 6:00 P.M. been attempting to work together; that Sarasota is noted worldwide as a musical heritage starting point; that the sound level threshold of pain is 140 dB; that the actual readings presented by Mr. Caddie are questionable; that between the hours of 11:30 p.m. and 2 a.m. on any weekend night the dB level from ambient noise on the street side of Dolphin Towers would have had to be 102 dB; that the normal ambient noise in a household is 68 dB with no activity just appliances and air conditioning running; that the air conditioning in the Commission Chambers measures 86 dB; that his children and grandchildren and people of all age groups have enjoyed live entertainment in the downtown. Chris Yent, 5550 Cape Aqua Drive (34242), stated that all people have rights and an amicable solution is desired; that double doors may solve the noise problems at the Down Under Jazz Bar; that the validity of taking dB measurements outside of clubs is questionable; that the sound five feet from the door of an establishment is irrelevant to the sound viewed as a disturbance elsewhere; that the noise measured on the roof of Dolphin Towers may have been dissipated to the extent that determining the establishment from which the sound was emanating was difficult; that the noise level attributed to the Lemon Coast Grill could have included ambient noises or noise emanating from Palm Avenue and other areas; that accurate measurements from the Lemon Coast Grill to the nearest residence should be taken; that the people making complaints should be identified and the validity of a complaint determined; that as in the Orlando ordinance, measuring the sound level at the perimeter of a specified boundary would be more appropriate than measuring at the entrance to a building. Mr. Yent continued that the population in Sarasota is expanding; that the downtown is growing; that as the downtown grows, the noise levels will increase; that, hopefully, a solution which will work for all parties can be found; that the effect on high school bands should also be considered before an ordinance is drafted. Paul Thorpe, Executive Director, The Downtown Association, 47 South Palm Avenue (34236), stated that the Commission has heard comments from numerous long-term residents regarding an issue raised by a few people; that many of the speakers are earning a living in the community; that one person lost his job because of continuous, frivolous complaints by one chronic complainer; that full attendance at Commission meetings by working people who support an issue is difficult to achieve; that the Commission Chambers is full this evening; that the entertainment district in Downtown Sarasota has been an attraction and caused the development of projects such as Sara Bande on the Bayfront; that the live and vital downtown area established for the community with the help of the Commission should not be taken away because one or two people have difficulty solving an individual problem. Mr. Thorpe continued that The Downtown Association, comprised of two hundred business members, pledges support to work with the residents of Dolphin Tower, the Lemon Coast Grill, the City Administration, and the Police Department to make the issue disappear. Danny Bilyeu, 1056 Cocoanut Avenue (34236), stated that he resides north of 10th Street on Cocoanut Avenue; that in February, the sound emanating from the Lemon Coast Grill was disturbing enough to wake his sleeping wife; however, the last complaint was registered on March 17, 1996; that the Venafros' efforts have resolved the problem he was experiencing; that a cooperative effort can result in a solution for Dolphin Tower; that continuing live music in the downtown is supported; that the sound problem is not related to decibels but more to atmospheric wind direction; that, hopefully, the Commission will make an appropriate decision. Edward Harding, 417 North Briggs Avenue #709 (34237), stated that hanging carpet or draperies every four feet would absorb some of the sound reverberating off the metal ceiling at Caragiulo's; that repositioning the band and hanging baffles made of plastic would reduce the sound level at Lemon Coast Grill; that the volume at the Main Street Depot will have to be reduced; that the City is expending tax dollars for consultants to perform tasks which should be completed by Staff. Mr. Harding continued that he has offered numerous suggestions to various issues being addressed by the City; that feedback from the Administration regarding the "blue bag system" for trash pick-up and responses from the City Manager to his telephone calls are requested. Vice Mayor Pillot stated that the meeting has been very constructive; that input on both sides of the issue has been received; that the majority of the people tonight have spoken constructively in support of not over regulating live music; however, those people who telephone the City with concerns regarding noise, traffic, etc., are exercising citizen rights and, although the complaints may be resented, provide constructive input. Vice Mayor Pillot requested an overview from the Administration. Attorney Singer stated that the issue is difficult; that the comments provided were heard and noted; that taking measurements at the residence of the complaint rather than at the site of the potential violation was referenced by numerous speakers; however, taking the measurements at the sound source is more practical; that knowing the dB level inside a residence with the windows closed is important; however, proving the location at which the violation is occurring and documenting evidence for a court case would be difficult if measurements are taken at the residence location; that Book 40 Page 13770 10/21/96 6:00 P.M. Book One Page 13771 10/21/96 6:00 P.M. an enforceable ordinance which will be upheld in court is required; that the previous ordinance making loud and raucous noise across residential property lines a. violation was ruled by the court as unconstitutionally vague; that a regulation requiring sound measurement at the sending property line solves some of the problems inherent in a vague ordinance by: 1) defining the area at which police officers should take the measurements, 2) making clear the location from which the noise is emanating in an environment where multiple noise sources may exist, and 3) providing an ability for the property owner to measure and monitor sound emanating from the establishment and avoid issuance of citations for violations. Attorney Singer continued that the appropriate sound level to be measured at the establishment has not been determined; that the sound data presented was preliminary; that the field measurements have not been completed; that sound levels inside a residence at Dolphin Tower have not been verified or correlated with an outside measurement; that many people have indicated 70 dB as too low of a standard; that Orlando has determined 75 dB taken at the perimeter of a district is appropriate; that consideration regarding a prohibition of amplified outdoor music after a specific time is also necessary; that input from the Commission regarding these issues is necessary before an ordinance can be drafted. Commissioner Patterson stated that she is a realtor who sells homes and condominiums; that distributing a set of ear plugs to a purchaser of a condominium on the Bayfront is not feasible; that successful communities nationwide which have lively downtowns also have a residential component; that making the downtown a place only appropriate for retirees, people who go to bed at 9 or 10 p.m., or enjoy only soft music is not the: intent; that the Commission desires a harmonious mix of commercial and residential uses in Downtown Sarasota; that the two people who spoke from Dolphin Tower represent the entire condominium association, comprised of people who resided at that location long before Lemon Coast Grill began operation, and who will relocate if the noise issues are not addressed; that the value of the condominium units will decrease if this occurs, thus affecting the City's tax base. Commissioner Patterson continued that requesting the owners of the Lemon Coast Grill to lower the volume, which reportedly was done, has been ineffective; that Commission discussion regarding hours after which amplified music should be prohibited is necessary; that in accordance with the City lease agreement, bands at the Main Street Depot play only until midnight; that establishing time limits for outdoor music in the C-CBD Zone District would be appropriate; however, requiring outdoor music to cease at 11 p.m. may be too early. Commissioner Patterson further stated that a decibel level is viewed as important; however, the technical aspects of dB readings are not clearly understood; that taking a field trip to observe and experience the actual noise levels measured at the Lemon Coast Grill and Caragiulo's, and, perhaps, observing the sound inside a residents' home at Dolphin Tower would assist the City Commission in determining an appropriate dB level. Commissioner Dupree stated that installing meters coupled with a recording device registering time and decibel outside the establishments and at the locations at which the noise disturbance is occurring should be considered; that assessing the judgment by one or few individuals should carefully be reviewed by considering a requirement similar to that in St. Petersburg which requires identification of complainants and specificity of the complaints; that the adverse affect a decision by the Commission may have on people attempting to make a living in the downtown area should be considered; that measuring the music at the place of reception as well as the place of origination is significant; that the efforts being put forth at great expense by those who own businesses in the downtown and are attempting to satisfy the needs of those complaining should be recognized; that an amicable compromise which will satisfy the greatest number of citizens should be pursued. Commissioner Merrill stated that several noise problems in the downtown area have arisen; that the problems at the 888/Hyatt/Quay Basin remain; that a previous problem with the Main Street Depot was resolved successfully through efforts taken by the business owner to alleviate the problem; that the most recent issue involves a dispute between Dolphin Towers and the Lemon Coast Grill; that the owners of Lemon Coast Grill have not taken sufficient steps to resolve the problem; that unintended consequences is a major concern he has with adopting a new noise ordinance; that the operations at Bellini's Ristorante and the Gator Club have not created difficulties; that businesses which have never been a problem should not be affected by measures taken to resolve a specific problem; that responsible action will preserve creative liberties; that hostile statements were heard only from one speaker who rightfully feels targeted by the proposed ordinance; that the speaker needs to work with residents to solve the problem; that an ordinance banning amplified music will not be supported; that abandoning the noise ordinance issue is favorable if an alternative solution can be found by the responsible parties; however, a solution to the problem with noise reverberating from the Lemon Coast Grill to Dolphin Towers is necessary; that Commission action may be necessary, and if sO, a method to measure decibels should be considered; that determining and proving in court the origin of sound will be difficult if measurements are taken at the receiving residence; that requiring identification by a complainant is not supported as citizens making anonymous calls often are attempting to avoid targeted retribution for voicing a valid concern. Book 40 Page 13772 10/21/96 6:00 P.M. Book One Page 13773 10/21/96 6:00 P.M. Commissioner Merrill continued that resolving the issue without action by the Commission is desired; that the landscaping for which $5,000 was invested was not effective; that the owners of the Lemon Coast Grill have promised various improvements; that the improvements have been delayed pending an assurance the operation will be allowed to continue; that reviewing the St. Petersburg ordinance is supported, if adopting a noise ordinance is necessary; however, determining the origin of sound will need further address to make such an ordinance enforceable. Vice Mayor Pillot stated that Mr. Drouin's letter suggests viable solutions to the problem: intelligent noise ordinances, discipline within the bands, and technical use and placement of loud speakers; that the Commission is responsible for enacting an intelligent noise ordinance after receiving input from all affected and interested parties; that professional musicians and those with whom the musicians are employed and who operate and own the establishments are responsible for providing the discipline within the bands, which, if achieved, would eliminate the need for an ordinance; that professional musicians have the experience regarding technical use and placement of loud speakers in a manner which would be constructive; that an intelligent noise ordinance which may never have to be used should be drafted. City Manager Sollenberger stated that the City Commissioners' listening to sound levels at different locations using a scientific method in a controlled environment, as recommended in Mr. Caddie's report, is recommended; that the situation raised regarding the Down Under Jazz Bar should be effectively addressed by the planned construction which includes an enclosed expansion, stage positioning so bands do not face the water, and double-doors which will not open towards the water; that a trial and error method and working with the entertainment industry will be required to achieve an intelligent ordinance; that a revised measurement to replace the unenforceable loud and raucous standard is neçessaryi that he recommends scheduling a workshop after a Commission field trip is conducted and additional data has been compiled. City Attorney Taylor stated that he concurs with City Manager Sollenberger. 11. NEW BUSINESS: APPROVAL RE: AUTHORIZE THE ADMINISTRATION TO INITIATE AN HEALTH MAINTENANCE ORGANIZATION (HMO) PROGRAM FOR THE CITY OF SARASOTA EFFECTIVE JANUARY 1, 1997 = APPROVED (AGENDA ITEM VIII-1) #3 (1827) through (2170) City Manager Sollenberger stated that the City currently offers a Preferred Provider Organization (PPO) to City employees for health coverage; that the City Administration has coordinated with the Sarasota County School Board, through the intergovernmental purchasing agreement, to offer City employees the option of a Health Maintenance Organization (HMO) in addition to the PPO; that the School Board, using the consulting firm of Coopers and Lybrand, prepared specifications, received quotes, and approved Aetna Health Care Plans of Florida, Inc., as the provider; that first-year savings between $387,652 to $582,838 are anticipated based on percentage of HMO participation; that the Southwest Chapter of the Florida Police Benevolent Association (PBA) and the Teamsters Local #173 have been provided copies of the HMO program for review; that the Administration has taken measures to protect the City's long- term financial interests by reserving the right to withdraw the HMO program and to increase or decrease rates as required. City Manager Sollenberger continued that the Administration recommends authorizing the Administration to initiate an HMO program for the City of Sarasota effective January 1, 1997, as delineated in the proposal received from Aetna Health Plans of Florida, Inc., dated September 26, 1996; that Commission approval will allow for annual renewals if terms and conditions are deemed satisfactory to the Administration. Commissioner Patterson stated that a greater expense to the City could result if employees with the fewest health problems select the HMO option while those employees with higher claims activity remain in the present PPO plan; therefore, the City is reserving the right to withdraw the HMO program if this occurs; that the unions may or may not support offering to represented employees an HMO program which could be withdrawn in the future. City Manager Sollenberger stated that the HMO, with a $10 co-pay and no deductible, will be attractive to some employees; that other employees will choose to retain the PPO; that William Davenport, Director of Human Resources, will be negotiating with the unions; that the HMO option will be available to City employees who are not represented by a union; that the Administration anticipates that adding the HMO option as a benefit will be well received by the represented employees. On motion of Commissioner Patterson and second of Commissioner Dupree, it was moved to authorize the Administration to initiate an HMO program for the City of Sarasota effective January 1, 1997, as delineated in the proposal received from Aetna Health Plans of Florida, Inc., dated September 26, 1996, allowing for annual renewals if terms and conditions are deemed satisfactory to the Administration. Motion carried unanimously (4 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 12. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA = ADMINISTRATION. TO REPORT BACK REGARDING: 1) THE EMERGENCY COMMUNICATIONS CONSOLIDATION AND THE NEIGHBORHOOD WATCH NUMBER OF 955-7171 AND 2) THE DOLLARS NECESSARY FOR LIDO BEACH RENOURISHMENT AND THE ARITHMETIC SUBSTANTIATION ON Book 40 Page 13774 10/21/96 6:00 P.M. Book One Page 13775 10/21/96 6:00 P.M. THE USE OF THE ONE-CENT "BED TAX", ADMINISTRATION TO DRAFT AND FORWARD TO THE CITY COMMISSION AND THE SARASOTA HOUSING AUTHORITY BOARD A LETTER CLARIFYING THE SUBSIDY RECEIVED BY THE CITY AND THE POLICE SERVICE BEING RENDERED (AGENDA ITEM X) #3 (2170) through (2978) COMMISSIONER DUPREE: A. stated that efforts by the Sarasota Police Department on Pershing Avenue and in other areas of the City are appreciated and should be commended. COMMISSIONER MERRILL: A. stated that Richard Martin, Chairman, Parks, Recreation, and Environmental Protection Advisory Board, met with him recently regarding the level of maintenance provided at Arlington Park; that Mr. Martin has questioned whether the Commission would object to his highlighting the deficient areas within Arlington Park and working with Sarasota County to improve the situation. There was no objection raised. Vice Mayor Pillot stated the Administration should be fully appraised of the situation. B. stated that the narcotics arrest which recently occurred in a house on Waldemere Street has resulted in the eviction of the tenants; that this should assist in addressing some of the neighborhood concerns expressed at the October 14, 1996, regular City Commission meeting by Jack Gadsby, President, Arlington Park Neighborhood Association (APNA). C. stated that the City was to save approximately $800,000 through the consolidation of Emergency Communications Services with the Sheriff's Office; that problems experienced with the consolidated operation have been reported; that the City may wish to reconsider the interlocal agreement for Emergency Communications Services if efficiency difficulties for the Sarasota Police Department continue; that an unsolicited invitation for City Commissioners to tour the communications facility was received from a representative of the Sheriff's Communication Department; and requested a report from the Administration regarding the efficiency or deficiency resulting from the consolidation and whether or not the Neighborhood Watch number of 955-7171 is being phased out. COMMISSIONER PATTERSON: A. referred to a letter dated October 9, 1996, from the U.S. Department of Housing and Urban Development (HUD) to Gary Hoyt, Chairman, Sarasota Housing Authority Board (SHA), which outlined various deficiencies identified by the Facilities Management Specialist assigned to conduct a site visit; and cited the following: "Police substations are established at sites 8-1, 8-5A, and 8-5B; however, none of the sites were manned during the morning of Wednesday, September 11, or the afternoon of Thursday, September 12. City of Sarasota policemen, designated Community Resource Team (CRT), are paid by the SHA to staff these substations. A common complaint from site managers was that CRT are not visible and response time from them is unacceptable. One recent example quoted was a 1.5 hour response time to a call." Commissioner Patterson stated that similar comments have been heard at SHA meetings regarding the City's receiving dollars through grant funding awarded to the SHA but not providing sufficient police staffing; that a misunderstanding may have occurred as to the number of police the SHA is to receive through the grant; and requested that the Administration draft and forward to the City Commission and SHA Board a letter clarifying the subsidy received by the City and the service being rendered. Commissioner Patterson continued that a 1.5 hour response time is difficult to believe and should also be examined. VICE MAYOR PILLOT: A. stated that as the City Commission representative, he attended the Tourist Development Council (TDC) meeting on October 17, 1996; that eight of the nine members were in attendance; that the majority of the meeting was devoted to discussion regarding the additional one cent "bed tax" and a motion was made for the TDC to reaffirm support for the tax and to support a 50/50 split for beach renourishment and tourist development; that at his request, the two issues were separated and the issue raised of projecting a more arithmetic percentage of the needs for additional beach renourishment and maintenance; that the TDC voted 8 to 0 to reaffirm support for the one cent "bed tax" and 5 to 3 to support a 50/50 split; that the TDC also voted in support of removing the language which would have prevented allocation of the funding towards beach maintenance. Book 40 Page 13776 10/21/96 6:00 P.M. Book one Page 13777 10/21/96 6:00 P.M. Commissioner Patterson stated that the Board of County Commissioners are the ultimate authority who will determine the percentage share; that quantifying the dollar amount necessary for beach renourishment is important; that the local match required to receive State funding could be obtained through a bond issue if a two- or three-year commitment for revenue from the "bed tax" can be achieved through the County. Vice Mayor Pillot stated that the TDC was informed that the 50% which will yield an estimated $750,000 annually could be accumulated or bonds sought and the funding received annually used to pay the bonds. Vice Mayor Pillot continued that Larry Marthaler made an articulate presentation in support of the 50/50 split, making the point that the Sarasota community depends heavily on tourism, which requires advertisement; that, in his opinion, strongly preserved beaches may be more important than an advertisement in various magazines as the beaches attract tourists. City Manager Sollenberger asked if the 50/50 split supported by the TDC included funding for beach maintenance? Vice Mayor Pillot stated yes; that Walt Rothenbach, Director, Sarasota County Park and Recreation Department, provided excellent statistics regarding dollars needed, available, and the purposes for which the dollars are being used; that the issue was raised that beach maintenance as well as renourishment is important especially if the maintenance can be preventative. City Manager Sollenberger stated that funding allocated for beach maintenance will diminish the amount of funding available for beach renourishment; that Venice, Longboat Key, and Sarasota will all have financial needs for beach renourishment. Commissioner Patterson stated that beach renourishment is a reoccurring necessity; that a bond issue would only be feasible if the funding received by the City for Lido Beach renourishment were sufficiently large enough to enable retiring of the bonds before the next renourishment was necessary. Vice Mayor Pillot stated that the next TDC meeting is scheduled at 3 p.m. on Monday, November 18, 1996; and asked if the Commission supports his position regarding calculation of the percentage share? Commissioner Merrill stated that Vice Mayor Pillot's position is supported; that the community would support that beaches be renourished before an additional advertising program is started. Vice Mayor Pillot requested that the Administration prepare a summary of the dollars necessary to renourish Lido Beach before the next TDC meeting. City Manager Sollenberger stated that the Administration will report back regarding the dollars necessary for Lido Beach renourishment and the arithmetic substantiation on the use of dollars. 13. OTHER MATTERS /ADMINISTRATIVE OFFICERS (AGENDA ITEM XI) #3 (2978) through (3033) CITY AUDITOR AND CLERK ROBINSON: A. stated that joint public workshops between the City Commission, Planning Board/Local Planning Agency, and Board of Adjustment regarding the Land Development Regulations (LDRs) have been scheduled for Monday, October 28, and Tuesday, October 29, 1996, beginning at 3 p.m.; that dinner will be served on Monday evening. 14. ADJOURN (AGENDA ITEM XII) #3 (3034) There being no further business, Vice Mayor Pillot adjourned the regular meeting of October 21, 1996, at 10:20 p.m. 8 lEA GENE PILLOT, VICE MAYOR SOTA ATTEST: - yBith E Rebeuson BILLY E.C/ROBINSON, CITY AUDITOR AND CLERK a Book 40 Page 13778 10/21/96 6:00 P.M.