Special City Commission Meeting

MINUTES OF THE SPECIAL SARASOTA CITY COMMISSION MEETING OF MAY 13, 2025 PRESENT: Mayor Liz Alpert, presiding, Vice Mayor Debbie Trice, Commissioners Jen Ahearn-Koch, Kyle Scott Battie, and Kathy Kelley Ohlrich, City Auditor and Clerk Shayla Griggs, Interim City Manager Douglas Jeffcoat, and City Attorney Joseph Polzak (Zoom/Hybrid) ABSENT: 10:00:48 A.M. None The meeting was called to order by Mayor Alpert at 10:00 A.M. 10:01 :07 A.M. Mayor Alpert requested the audience to silence cellular telephones and reminded the audience there is no clapping or booing in the Chambers and to keep decorum during the Public Hearing. 10:01 :45 A.M. INVOCATION: City Auditor and Clerk Griggs 10:02:06 A.M. PLEDGE OF ALLEGIANCE: Commissioner Ahearn-Koch 10:02:19 A.M. APPROVE PROPOSED AGENDA SCHEDULE 10:02:35 A.M. A motion was made by Commissioner Ohlrich, seconded by Commissioner Battie to approve the proposed Agenda Schedule, which carried by a 5-0 vote. 10:03:02 A.M. 1. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM I) 10:03:21 A.M. PLEDGE OF PUBLIC CONDUCT: City Auditor and Clerk Griggs 10:03:39 A.M. Citizens' Input received from an individual in the Chambers at City Hall. 10:06:42 A.M. 2. PUBLIC HEARING RE: APPEAL APPLICATION NO. 25-APP-03 OF THE PLANNING BOARD DECISION TO DENY APPEAL APPLICATION 25-APP-01 , UPHOLDING THE ADMINISTRATIVE APPROVAL OF APPLICATIONS 24-ASP-07 AND 24-ADS-04 REGARDING THE SUBJECT PROPERTY WITH STREET ADDRESSES OF 1260, 1262, 1264, 1266, 1268, 1270, 1272, AND 1274 NORTH PALM AVENUE, FOR A PROJECT KNOWN AS 1260 NORTH PALM RESIDENCES (THE OBSIDIAN ) (AGENDA ITEM II) Book 69 Page 40998 05/13/25 10:00 A.M.

Book 69 05/13/25 Page 40999 10:00AM. Jay Daigneault, Managing Partner/Special Consulting Attorney on behalf of the City of Sarasota, Trask Daigneault, LLP Attorneys, came before the Commission. 10:07:16 A.M. City Auditor and Clerk Griggs administered the oath to persons wishing to speak during the Public Hearing. 10:07:59 A.M. Attorney Daigneault provided a brief overview of the Quasi-Judicial Hearing process. City Auditor and Clerk Griggs left and returned to her seat at 10:08 A.M. 10:11:10 A.M. Question posed by the Vice Mayor and Commissioners Ahearn-Koch and Ohlrich were addressed by Attorney Daigneault. Question posed by Commissioner Ohlrich regarding the Quasi-Judicial Public Hearing was addressed by Attorney Daigneault. Questions posed by Mayor Alpert regarding the Quasi-Judicial Public Hearing were addressed by Attorney Daigneault. 10:15:56 A.M. Mayor Alpert called for ex parte communications for the record, which was received by Commissioners Ohlrich and Ahearn-Koch, Vice Mayor Trice, Commissioner Battie, and Mayor Alpert, and questions posed by Attorney Daigneault were addressed by the Commission. 10:20:27 A.M. Robert K. Lincoln, Attorney representing the Applicant, Law Office of Robert K. Lincoln, P.A., came before the Commission to request 30 minutes for rebuttal and left the Dais, and Mayor Alpert noted Commission consensus to allow 30 minutes for the Appellant to provide rebuttal. 10:21 :29 A.M . Mayor Alpert noted the time limits as follows: Applicant 40 minutes Appellant 40 minutes Staff 40 minutes Affected Person(s) (AP) 5 minutes Public Comment 3 minutes Rebuttal 30 minutes 10:22:43 A.M . Joel Freedman, AgenUPlanner representing MK Equity Corporation (Applicant), Freedman Consulting & Development, LLC, appeared via Zoom, Brenda Patten, Attorney representing the Applicant, Berlin Patten Ebling Attorneys at Law, George Scarfe, Associate/Architect, and Gary Hoyt, founding Principal/Architect, Hoyt Architects, came before the Commission, and Attorney Lincoln returned to the Dais.

t' 10:23:15 A.M . Mr. Freedman provided a brief introduction of the presenters. 10 :24:21 A.M. City Auditor and Clerk Griggs readministered the oath . 10:24:33 A.M . Mr. Hoyt provided a brief historical overview of ceiling heights. City Auditor and Clerk Griggs left the Dais at 10:25 A.M. Commissioner Battie left the Dais at 10:26 A.M. and returned at 10:28 A.M. City Auditor and Clerk Griggs returned to the Dais at 10:29 A.M. City Auditor and Clerk Griggs left her seat at 10:30 A.M . to distribute printed materials provided by Attorney Patten and returned at 10 :33 A.M . 10:30:53 A.M. Commissioner Ohlrich called for a point of order regarding all materials were to be disseminated in advance of the meeting by the City Auditor and Clerk which was addressed by Attorney Patten, and Mayor Alpert posed questions which were addressed by Attorney Patten and Attorney Daigneault, and Mayor Alpert stated that the materials disseminated are allowed. 10:32:43 A.M. Attorney Patten and Mr. Searle provided a brief overview of Application Nos. 24-ASP-07 and 24-ADS-04 and referred to a PowerPoint presentation displayed on the Chambers monitors entitled "1260 N. Palm Ave Residences Response to Appeal (25-APP-01) Administrative Site Plan Approval for 1260 N. Palm, Residences (24-ASP-07, 24-ADS-04) 1260 N. Palm Avenue." Commissioner Ahearn-Koch left and returned to the Dais at 10:34 A.M. 10:58:12 A.M. Attorneys Patten and Lincoln, and Messrs. Hoyt and Searle left the Dais. 10 :58:32 A.M . Director Lucia Panica, and General Manager Alison Christie Development Services (DS) Department, came before the Commission. 10:59:02 A.M. Ms. Christie provided a brief overview of Application Nos. 24-ASP-07 and 24-ADS-04 and referred to a concept Site Plan (SP) displayed on the Chambers monitors. 11:10:11 A.M . Ms. Chrisite and Ms . Panica left the Dais. Book 69 05/13/25 Page 41000 10:00 A.M.

11 :10:32 A.M. Book 69 05/13/25 Page 41001 10:00A.M. Morgan Bentley, Attorney, and Corrina "Cori" Coser, Attorney, representing Bay Plaza Condominium Owners Association, Inc. (Appellant), Bentley Goodrich Kison (BGK), came before the Commission. 11:12:56A.M. Attorney Bentley provided a brief overview of Appeal Application No. 25-APP-01 and referred to a PowerPoint presentation displayed on the Chambers monitors entitled "Bay Plaza Owners Association Appeal Administrative Site Plan Decision (24-ASP-07) & Zoning Code Administrative Adjustment Decision (24-ADS-04)." 11 :34 :38 A.M. Attorneys Bently and Gaser left the Dais. 11 :35:12 A.M . David Lough, AP , City resident and President of Downtown Sarasota Condominium Association (DSCA), indicating this is the same project, the same request with a few tweaks, however, nothing addresses the core problem of compatibility. City Auditor and Clerk Griggs left and returned to her seat at 11 :37 A.M . 11 :40:18A.M. John Simon, AP, City resident, indicating concern regarding delivery trucks, service trucks, and every kind of truck imaginable on Palm Avenue which will be blocking traffic as a result of the proposed building . 11 :45:46 A.M. Mark Laven, AP, City resident and President of The Jewel Condominium, indicating individuals present in Chambers in red shirts are not just a bunch of old people resisting change, rather are Downtown residents and neighbors who want to preserve the character of the City. 11 :48:33 A.M. Attorney Daigneault left the Dais . 11 :48:55 A.M. Citizens' Input received from individuals in the Chambers at City Hall. 12:07:27 P.M. William "Bill" Carnes, displayed schematics, a Site Plan (SP) sketch, and a photograph on the Chambers monitors, indicating he is a professional engineer registered in Florida and seven other states, with an area of expertise in technical engineering and foundation design, and provided a brief overview and voiced concerns about the engineering construction risks regarding the proposed construction and foundation design. 12:10:40 P.M. Citizens' Input continued from individuals in the Chambers at City Hall. City Attorney Polzak left the Chambers at 12:17 P.M. and returned at 12:19 P.M.

,. -, , 12:35:03 P.M. Citizens' Input received from an individual via Zoom. The Commission recessed at 12:37 P.M. and reconvened at 1:48 P.M. 1:48:50 P.M. Attorney Daigneault returned to the Dais. 1 :50:30 P.M. Attorneys Bentley and Coser returned to the Dais. 1:50:41 P.M. Attorney Bentley provided rebuttal and referred to a printed slide displayed on the Chambers monitors entitled "Land Development Regulations Sec. IV-1903[e]-Adjustment Approval Criteria." 2:02:04 P.M. Attorneys Bentley and Coser left the Dais. 2:02:17 P.M. Ms. Christie and Ms. Panica returned to the Dais. 2:02:13 P.M. Commissioner Battie requested and Ms. Panica addressed the acronym of MEPs which is Mechanical, Electrical, and Plumbing. 2:02:42 P.M. Ms. Panica and Ms. Christie provided rebuttal. 2:12:34 P.M. Ms. Christie and Ms. Panica left the Dais. 2:12:36 P.M. Attorneys Patten and Lincoln, and Mr. Scarfe returned to the Dais, and Chris Gallagher, Architect/Managing Partner, Hoyt Architects, came before the Commission. 2:12:56 P.M. Attorney Lincoln, Messrs. Scarfe, Gallagher, and Attorney Patten provided rebuttal, and provided to the Special Consulting Attorney printed material for the record, and various materials were referenced and displayed on the Chambers monitors. City Auditor and Clerk Griggs left and returned to her seat at 2:20 P.M. City Auditor and Clerk Griggs left and returned to the Dais at 2:32 P.M. Book 69 05/13/25 Page 41002 10:00A.M.

2:43:22 P.M. Book 69 05/13/25 Page 41003 10:00 A.M. Attorneys Patten and Lincoln, and Messrs. Gallagher and Scarfe left and returned to the Dais. 2:43:46 P.M. Questions posed by Vice Mayor Trice were addressed by Messrs. Scarfe and Gallagher, and Attorneys Lincoln and Patten. 2:54:14 P.M. Question posed by Commissioner Ohlrich was addressed by Messrs. Scarfe and Gallagher, and Attorney Lincoln. 2:59:06 P.M . Questions posed by Commissioner Ahearn-Koch were addressed by Mr. Scarfe and Attorney Patten and the SP was referenced and displayed on the Chambers monitors. 3:02:51 P.M. Attorneys Patten and Lincoln, and Messrs. Gallagher and Scarfe left the Dais, and Ms. Christie and Ms. Panica returned to the Dais. 3:03:09 P.M. Questions posed by Commissioner Battie were addressed by Building Official Lawrence "Larry" Murphy, DS Department, who came before the Commission, Ms. Panica, and Ms. Christie the SP was referenced and displayed on the Chambers monitors. The Commission recessed at 3:13 P.M. and reconvened at 3:29 P.M. 3:30:06 P.M. Commissioner Ahearn-Koch continued to pose questions which were addressed by Ms. Christie, Ms . Panica, Mr. Murphy, and Attorney Daigneault. City Attorney Polzak left and returned to his seat at 3:32 P.M . City Attorney Polzak left and returned to his seat at 3:35 P.M. 3:39:07 P.M. Ms. Christie, Ms. Panica, and Mr. Murphy left the Dais, and Attorneys Patten and Lincoln, and Messrs. Scarfe, and Gallagher returned to the Dais. 3:39:22 P.M . Questions posed by Mayor Alpert were addressed by Messrs. Scarfe and Gallagher, and Attorneys Lincoln and Patten. 3:49:57 P.M. Commissioner Battie continued to pose questions which were addressed by Messrs. Scarfe and Gallagher, and Attorneys Lincoln and Patten, and various materials were displayed on the Chambers monitors.

,-- ., 3:56:00 P.M. Attorneys Patten and Lincoln, and Messrs. Scarfe, and Gallagher left the Dais, and Ms. Christie, Ms. Panica, and Mr. Murphy returned to the Dais. 3:56:30 P.M. Commissioner Ohlrich continued to pose questions which were addressed by Ms. Panica and Ms. Christie. 4:04:24 P.M. Mr. Murphy left the Dais, and Attorneys Bentley and Lincoln returned to the Dais. 4:04:44 P.M. Commissioner Ahearn-Koch continued to pose questions which were addressed by Ms. Panica, Attorney Lincoln, and Ms. Christie, and Mr. Scarfe returned to the Dais. 4:10:54 P.M. Vice Mayor Trice continued to pose questions which were addressed by Mr. Scarfe and Attorney Lincoln. 4:14:45 P.M. Mayor Alpert continued to pose questions which were addressed by Attorneys Bentley, Lincoln, and Attorney Patten who returned to the Dais and the SP was referenced and displayed on the Chambers monitors. 4:21 :14 P.M. Questions continued which were addressed and the SP was referenced and displayed on the Chambers monitors. Mayor Alpert left her seat at 4:26 P.M. and returned at 4:27 P.M. 4:30:05 P.M. Ms. Panica left the Dais, and Mr. Murphy returned to the Dais to address questions posed by the Vice Mayor. 4:35:21 P.M. Questions continued which were addressed. 4:49:17 P.M. The Mayor closed the Public Hearing. 4:49:32 P.M. Attorney Daigneault reiterated the Quasi-Judicial process criteria. 4:54:18 P.M. A motion was made by Commissioner Ahearn-Koch, seconded by Vice Mayor Trice to approve Appeal Application No. 25-APP-01, finding the Administrative Site Plan Applications do not meet the applicable Book 69 05/13/25 Page 41004 10:00 A.M.

Book69 05/13/25 Page 41005 10:00 A.M. criteria for approval found in the Zoning Code, and reverse the administrative approvals made by the Director of Development Services and Planning Board/Local Planning Agency of Site Plan Application No. 24-ASP-07 and Adjustment Application No. 24-ADS-04. 4:56:12 P.M. Commissioner Ahearn-Koch spoke to the motion. 4:56:47 P.M. Vice Mayor Trice spoke to the motion which is favored. 4:57:20 P.M. Commissioner Ohlrich spoke to the motion, and the Mayor provided input. 5:01:11 P.M. Commissioner Battie spoke to the motion. 5:04:13 P.M. Mayor Alpert spoke to the motion. 5:15:46 P.M. Mayor Alpert called for a vote on the motion to approve Appeal Application No. 25-APP-01, finding the Administrative Site Plan Applications do not meet the applicable criteria for approval found in the Zoning Code, and reverse the administrative approvals made by the Director of Development Services and Planning Board/Local Planning Agency of Site Plan Application No. 24-ASP-07 and Adjustment Application No. 24-ADS-04, which carried by a 4-1 vote with Mayor Alpert voting no. 5:16:57 P.M. 3. OTHER MATTERS/ADMINISTRATIVE OFFICERS (AGENDA ITEM Ill) 5:17:12 P.M. COMMISSIONER BATTIE: Stated that in speaking with David Bullock, a contract was emailed to the City Attorney and City Auditor and Clerk yesterday regarding the Interim City Manager position and the desire is to determine what could be done about placing an item on a future Agenda for Commission discussion which was addressed by the City Attorney and City Auditor and Clerk. 5:19: 58 P.M . The Commission posed questions which were addressed and provided input throughout regarding including a draft Interim City Manager Contract for David Bullock for Commission discussion at the May 19, 2025, Regular Sarasota City Commission Meeting and scheduling a Special Sarasota City Commission Meeting on May 20, 2025, for the possible approval of the draft Interim City Manager Contract for David Bullock. 5:25:23 P.M. City Auditor and Clerk Griggs sought and received Commission consensus for the Commission to discuss the draft Interim City Manager Contract for David Bullock at the May 19, 2025, Regular Sarasota City

Commission Meeting and for Staff to schedule a Special Sarasota City Commission Meeting on May 20, 2025, regarding the possible approval of the draft Interim City Manager Contract for Mr. Bullock. 5:26:11 P.M. Deputy City Manager Patrick "Pat" Robinson, City Manager's Office, came before the Commission and posed a question which was addressed by Commissioners Ahearn-Koch and Ohlrich, and the Deputy City Manager and Commissioners continued to provide input. 5:27:16 P.M. COMMISSIONER AHEARN-KOCH: Remarks received and requested unanimous support from the Commission to direct Staff to continue to do whatever can be done to work with County Staff to find ways to help the situation regarding US Recycling Company and the City's constituents and citizens who are negatively impacted; that Commissioners Battie and Ohlrich indicated support for the request, as well as the Vice Mayor who also indicated a member of the public suggested the City acquires the land to build a large parking garage, and Commissioner Ahearn-Koch stated that a request will be made to place an item on a future Agenda soon for Commission discussion. City Auditor and Clerk Griggs left and returned to her seat at 5:29 P.M. City Auditor and Clerk Griggs left and returned to the Dais at 5:30 P.M. 5:30:36 P.M. Deputy City Manager Robinson spoke to the request, and Commissioner Ahearn-Koch provided input. 5:33 :06 P.M . Interim City Manager Jeffcoat stated that Staff will place an item on a future Agenda to have a discussion . 5:33:29 P.M. 4. ADJOURN (AGENDA ITEM IV) The Commission adjourned at 5:33 P.M. !, ,; ,, t • Book 69 05/13/25 Page 41006 10 :00 A.M.

Liz Alpert Mayor Vice Mayor Debbie Trice Commissioner Jen Ahearn-Koch Commissioner Kyle Battie Commissioner Kathy Kelley Ohlrich SPECIAL CITY COMMISSION MEETING OF MAY 13, 2025 WELCOME to a Special meeting of the City Commission. This Agenda includes all matters scheduled to come before the Commission at this meeting. It is prepared to help you follow the proceedings of the meeting. Your interest is appreciated, and we invite your comments. Input from citizens is important; we need and welcome it. Citizens’ Input Concerning City Topics – Citizens desiring to speak are allowed three (3) minutes. Remember, appearances before the Commission are not a substitute for attempting to resolve your issue(s) through the appropriate administrative channels. Citizens’ Input is to allow citizens the opportunity to present their view on matters concerning City topics but not on items scheduled elsewhere on the Agenda. Questions and answers shall not be permitted. Matters presented to the Commission may be referred by the Mayor, with consensus of the Commission, to the Administration for action and possible follow-up at a future Commission meeting. We expect that citizens have first attempted to speak directly with the City’s Administration. If you wish to address the Commission, you have the option of speaking during the "Citizens' Input" portion of the Agenda or at the time of a particular agenda item. Please fill out a "Request To Speak" Form. These forms are located on the table at the back of the Commission Chambers. Fill out the form completely and place it in the box on the table. Please indicate which option you choose by checking the appropriate box on the "Request to Speak" Form. Agenda Items for which citizens' comments are not permitted are noted in the left margin of the Agenda. In general, these will be items on which a public hearing has previously been held. If you wish to speak on a topic concerning the City that is not on the Agenda, please indicate the subject you wish to discuss on the "Request To Speak" Form. When your name is called, please come to the Commission table and first state your name for the record. Please remember that there is a time limit of three minutes. The City Auditor and Clerk will forward all Request to Speak forms to the Mayor. When the Mayor calls your name, come to the Commission table, and restate your name for the record. We ask that your comments be limited to the subject of the Agenda Item. Remember, we are always happy to listen to your comments; however, this is not intended to be an extended question and answer session. Again, the City Commission thanks you for taking the time to participate in our meeting. LIZ ALPERT Mayor 1

SPECIAL CITY COMMISSION MEETING CITY HALL 1565 First Street Sarasota, Florida May 13, 2025 City Commission Chambers 10:00 AM I. CITIZEN'S INPUT CONCERNING CITY TOPICS: (Limited to 30 minutes) Note to the Public: At this time, citizens may address the Commission on topics concerning the City. (3 minutes per person time limit) Citizen's Input is to allow citizens the opportunity to present their view on matters concerning City topics but not on items scheduled elsewhere on the Agenda or items that were the subject of a previously held public hearing which has been closed and Commission deliberations continued to a future date. Questions and answers shall not be permitted; however, matters presented to the Commission may be referred by the Mayor, with consensus of the Commission, to the Administration for action and possible follow-up at a future Commission meeting. II. AGENDA ITEMS: II.1 Public Hearing Re: Appeal Application No. 25-APP-03 of the Planning Board decision to deny Appeal Application 25-APP-01, upholding the Administrative Approval of applications 24-ASP-07 and 24-ADS-04 regarding the subject property with street addresses of 1260, 1262, 1264, 1266, 1268, 1270, 1272, and 1274 North Palm Avenue, for a project known as 1260 North Palm Residences (The Obsidian) II.1 Agenda Request Form.pdf Agenda Item Backup.pdf Previously Received eComments.pdf AGENDA CALL MEETING TO ORDER INVOCATION PLEDGE OF ALLEGIANCE PLEDGE OF PUBLIC CONDUCT 2

Bay Plaza Appeal - City Commission appellant presentation.pdf CITY COMMISION, 5-13-25 applicant presentation.pdf III. OTHER MATTERS/ADMINISTRATIVE OFFICERS: IV. ADJOURN Meeting Notice 5-13-25 Special Meeting Notice.pdf City Commission Rules of Procedure CC.RulesofProcedure.AdoptedApril72025.pdf ECOMMENTS, REQUEST TO SPEAK CARDS & ITEMS RECEIVED AT THE MEETING May 13, 2025 Special Meeting eComments.pdf May 13, 2025 Special Meeting Speaker Cards.pdf May 13, 2025 Items Received.pdf MEETING NOTICE CITY COMMISSION RULES OF PROCEDURE ECOMMENTS, REQUEST TO SPEAK CARDS & ITEMS RECEIVED AT THE MEETING 3

Shayla Griggs City Auditor and Clerk Notice to the Public The City of Sarasota is committed to providing qualified disabled individuals an opportunity to participate in meetings of the City Commission. The City of Sarasota prohibits discrimination in all services, programs, or activities on the basis of race, color, national origin, age, disability, sex or gender, marital or familial status, religion, sexual orientation, veteran status, or genetic information. Persons with disabilities who require assistance or alternative means for communication of program information such as Braille, large print, audiotape, etc., should contact: The City of Sarasota ADA Coordinator, Jake Brown, at (941) 263-6299 or by email at adacoordinator@sarasotafl.gov. In accordance with the Americans with Disabilities Act of 1990 and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in a meeting should contact the ADA Coordinator at (941) 263-6299 at least two business days prior to the date of the meeting as to the nature of the auxiliary aids and/or service necessary. Every effort will be made to provide such aid or service to the extent that they are reasonable, do not result in undue financial or administrative burden, and do not alter the fundamental nature of the meeting. Consideration will be given to the individual's preferred aid or service. However, alternatives may be provided if in the City's determination such alternatives provide an effective means of communication. For the benefit of individuals utilizing hearing aids with a T-coil, the City Commission Chambers and SRQ Media Studio are outfitted with a Hearing Induction Loop for enhanced hearing assistance. Proceedings will be electronically recorded. Should an individual feel that a verbatim transcription of the proceedings may later be needed, said individual has the burden and expense of arranging for same. Copies of the electronic recording may be purchased from the Office of the City Auditor and Clerk. 4

file:///C/Users/JJohnson/Desktop/25-05-13-CommissionSpecial.txt[5/14/2025 11:20:24 AM] SARASOTA CITY COMMISSION SPECIAL MEETING TUESDAY, MAY 13, 2025, 10:00 A.M. DISCLAIMER: THIS FILE REPRESENTS AN UNEDITED VERSION OF REALTIME CAPTIONING WHICH SHOULD NEITHER BE RELIED UPON FOR COMPLETE ACCURACY NOR USED AS A VERBATIM TRANSCRIPT. ANY PERSON WHO NEEDS A VERBATIM TRANSCRIPT OF THE PROCEEDINGS MAY NEED TO HIRE A COURT REPORTER. 10:00:45 [ SOUNDING GAVEL ] 10:00:47 >>Mayor Alpert: GOOD MORNING, EVERYONE! 10:00:48 IT'S 10:00, SO WE'RE GOING TO GO AHEAD AND CALL TO ORDER 10:00:56 THIS SPECIAL CITY COMMISSION MEETING FOR MAY 13th, 2025, 10:01:03 TO TALK ABOUT ESSENTIALLY THE OBSIDIAN TODAY. 10:01:07 I'M GOING TO ALSO ASK YOU TO SILENCE YOUR CELL PHONES. 10:01:14 THE OTHER THING I JUST WANTED TO MENTION BEFORE WE GET 10:01:17 STARTED HERE, I KNOW THIS IS A REALLY, REALLY EMOTIONAL 10:01:23 ISSUE, BUT WE DON'T WANT PEOPLE CLAPPING, BOOING, WHATEVER 10:01:29 IT IS, YOU KNOW, IN THE CHAMBERS HERE. 10:01:34 JUST TO KEEP DECORUM WHILE WE'RE TRYING TO CONDUCT THE 10:01:38 HEARING. 10:01:39 SO THANK YOU. 10:01:39 I'M GOING TO CALL ON THE CITY AUDITOR AND CLERK FOR THE 10:01:42 INVOCATION. 10:01:43 >>Shayla Griggs: PLEASE STAND. 10:01:45 HEAVENLY FATHER, WE AFFIRM OUR FAITH IN THEE. 10:01:53 WE SEEK YOUR DIVINE STRENGTH, WISDOM, AND GUIDANCE IN THE 10:01:56 DELIBERATIONS THAT AFFECT THE LIVES OF EACH OF THE CITIZENS 10:01:59 OF OUR COMMUNITY. 10:01:59 IN THY NAME WE PRAY, AMEN. 10:02:02 >>Mayor Alpert: COMMISSIONER AHEARN-KOCH, PLEASE LEAD US IN 10:02:05 THE PLEDGE. 10:02:06 [PLEDGE OF ALLEGIANCE] 10:02:19 >>Mayor Alpert: ALL RIGHT, COMMISSIONERS, IS THERE A MOTION 10:02:28 ON THE PROPOSED AGENDA SCHEDULE? 10:02:32 >>Kathy Kelley Ohlrich: MOVE TO APPROVE. 10:02:35 >>Kyle Battie: SECOND. 10:02:35 >>Mayor Alpert: WE HAVE A MOTION BY COMMISSIONER OHLRICH TO 10:02:37 APPROVE THE PROPOSED AGENDA SCHEDULE. 10:02:39 SECOND BY COMMISSIONER BATTIE. 10:02:41 IF YOU WILL VOTE, COMMISSIONERS. 10:02:43 IS THAT YOUR VOTE? 10:02:48 >> YES. 10:02:48 >>Mayor Alpert: ALL RIGHT. 10:02:49 THE MOTION PASSES UNANIMOUSLY. 10:02:50 ARE THERE ANY CHANGES TO THE ORDER OF THE DAY, MS. GRIGGS? 10:02:54 >>Shayla Griggs: NO, MAYOR. 10:02:55 >>Mayor Alpert: THANK YOU SO MUCH. 10:02:56 ALL RIGHT. 10:03:02 WE DO HAVE REGULAR CITIZENS' INPUT THAT IS NOT RELATED TO

file:///C/Users/JJohnson/Desktop/25-05-13-CommissionSpecial.txt[5/14/2025 11:20:24 AM] 10:03:04 THE AGENDA ITEM. 10:03:06 THE PEOPLE WHO ARE HERE TO SPEAK TO THE AGENDA ITEM, YOU'LL 10:03:09 BE ABLE TO SPEAK LATER IN THE MEETING. 10:03:12 THIS IS FOR UNRELATED TOPICS, AND WE HAVE ONE SPEAKER. 10:03:18 WOULD YOU PLEASE READ THE PLEDGE OF PUBLIC CONDUCT, 10:03:21 MS. GRIGGS. 10:03:21 >>Shayla Griggs: WE MAY DISAGREE BUT WE WILL BE RESPECTFUL 10:03:24 TO ONE ANOTHER. 10:03:25 WE WILL DIRECT ALL COMMENTS TO ISSUES. 10:03:27 WE WILL NOT ENGAGE IN PERSONAL ATTACKS. 10:03:29 >>Mayor Alpert: ALL RIGHT. 10:03:30 MARTIN HYDE. 10:03:39 >> WELL, JUST IN THE SPIRIT OF -- BECAUSE NOT EVERYBODY HERE 10:03:44 COMES QUITE AS FREQUENTLY AS I DO. 10:03:47 YOU GUYS ARE PAID TO -- THOUGHT I WOULD RECAP A COUPLE OF 10:03:51 THINGS TALKING ABOUT IN RECENT DAYS. 10:03:54 CITY MANAGER SEARCH. 10:03:56 I WATCHED YOU GUYS YESTERDAY -- BLESS YOUR HEARTS. 10:04:01 YOU WERE SITTING THERE TALKING ABOUT A LIST OF MUST-HAVES 10:04:04 AND IT REMINDED ME OF A DATING SHOW. 10:04:06 MUST BE TALL, MUST BE DARK, MUST BE HANDSOME, MUST HAVE NICE 10:04:11 SENSE OF HUMOR. 10:04:12 MUST BE KIND TO DOGS OR WHATEVER ELSE. 10:04:15 LOOK AT THE PEOPLE WE ACTUALLY MARRIED. 10:04:18 LOOK AT THE REALITY. 10:04:19 WHAT HAPPENS IF YOU FALL IN LOVE. 10:04:21 YOU LIKE SOMEONE. 10:04:22 YOU CAN MAKE IT AS COMPLICATED AS YOU LIKE AND NUANCED AS 10:04:28 YOU LIKE. 10:04:29 LET'S NOT FORGET, YOU ALREADY WASTED $34,000 ON A SEARCH 10:04:34 FIRM WHO FIRED YOU. 10:04:35 FIRED YOU BECAUSE YOU COULDN'T MAKE YOUR MIND UP AS TO WHAT 10:04:38 YOU ACTUALLY WANTED. 10:04:41 WHAT YOU NEED TO DO IS ACTUALLY SEE SOME PEOPLE. 10:04:43 I TOLD YOU, GET A FIVE-MINUTE VIDEO FROM AS MANY PEOPLE. 10:04:48 LET THEM DO THEIR LITTLE BIT. 10:04:49 FROM THERE, YOU HAVE PEOPLE YOU DON'T LIKE. 10:04:51 YOU HAVE PEOPLE THAT YOU DO LIKE AND YOU CAN MOVE ON FROM 10:04:54 THERE. 10:04:55 THE IDEA OF WHAT SOMEBODY DID IN THE PAST IS NECESSARILY 10:04:57 INDICATIVE OF WHAT THEY'LL DO WHEN THEY TURN UP. 10:05:00 I CAN SPEAK AS SOMEONE FROM PERSONAL EXPERIENCE THAT THE 10:05:04 PERSON THAT YOU MEET ON THE FIRST DATE, THE PERSON YOU 10:05:06 MARRY, OFTEN ISN'T THE PERSON THAT TURNS UP AFTER THE 10:05:09 HONEYMOON. 10:05:10 IN ANY EVENT, I ALSO WANTED TO TALK JUST BRIEFLY ABOUT 10:05:18 MONEY. 10:05:20 THESE MEETINGS COST $1500 AN OUR. 10:05:23 NO ONE SEEMS TO TAKE MUCH ACCOUNT OF THAT. 10:05:26 WHEN YOU SPIN YOUR WHEELS, IT'S NOT FREE. 10:05:29 AT LEAST IT'S NOT FREE TO THE TAXPAYERS. 10:05:31 WE JUST SPENT $10,000 ON LEGAL FEES ON AN ETHICS COMPLAINT.

file:///C/Users/JJohnson/Desktop/25-05-13-CommissionSpecial.txt[5/14/2025 11:20:24 AM] 10:05:37 WE'RE CONTINUING TO SPEND $1200 A YEAR ON CLOTHING 10:05:40 ALLOWANCES FOR CITY EMPLOYEES THAT MAKE MORE THAN $200,000 A 10:05:46 YEAR. 10:05:46 THE MAYOR JUST MENTIONED THAT THIS IS GOING TO BE AN 10:05:50 EMOTIONAL MEETING. 10:05:50 I DON'T KNOW. 10:05:53 WE JUST DID THE PLEDGE OF ALLEGIANCE. 10:05:55 JUSTICE FOR ALL. 10:05:56 I THINK WE CAN SEE WE HAVE A LOT MORE RED SHIRTS HERE THAN 10:06:02 WE HAVE GREEDY DEVELOPERS. 10:06:06 THE LAST POINT, BECAUSE IT IS SOMETHING THAT IS RELEVANT AND 10:06:09 I MADE A POINT OF SAYING, FULL DISCLOSURE, IT IS VERY 10:06:13 RELEVANT. 10:06:14 I'M GOING TO DISCLOSE A COUPLE OF FACTS. 10:06:17 60% OF THE MAYOR'S CAMPAIGN FINANCES CAME FROM DEVELOPMENT 10:06:23 INTERESTS. 10:06:24 41% OF COMMISSIONER BATTIE'S DID. 10:06:29 6 AND A HALF THOUSAND DOLLARS, JUST OVER, OF THAT MONEY CAME 10:06:33 FROM THE ARCHITECT WHO DESIGNED THIS BUILDING. 10:06:37 NOW WE CAN PLAY. 10:06:38 >>Mayor Alpert: THANK YOU VERY MUCH, MR. HYDE. 10:06:40 ALL RIGHT. 10:06:42 WE ARE GOING TO MOVE INTO OUR FIRST AND BASICALLY ONLY ITEM. 10:06:47 I'LL CALL UPON THE CITY AUDITOR AND CLERK TO ADMINISTER THE 10:06:51 OATH. 10:06:53 >>Shayla Griggs: ACTUALLY, MAYOR, THERE IS NO OATH ON THIS 10:06:55 ITEM. 10:06:56 WE CAN MOVE FORWARD. 10:06:57 >>Mayor Alpert: OKAY. 10:06:58 THANK YOU SO MUCH. 10:06:58 >>Shayla Griggs: I'M SORRY. 10:07:00 NO OATH. 10:07:02 I THOUGHT YOU SAID TITLE. 10:07:06 EVERYONE WHO PLANS TO SPEAK, STAND. 10:07:08 I'M SO SORRY. 10:07:10 HAD A LONG DAY YESTERDAY. 10:07:11 I'M SORRY. 10:07:14 EVERYBODY IS UP. 10:07:16 DO YOU SWEAR OR AFFIRM THAT THE EVIDENCE OR FACTUAL 10:07:19 REPRESENTATIONS WHICH YOU ARE ABOUT TO GIVE OR PRESENT TO 10:07:21 THIS COMMISSION DURING ANY PUBLIC HEARING HELD THIS 13th 10:07:23 DAY OF MAY, 2025, ARE TRUTHFUL? 10:07:27 THANK YOU ALL. 10:07:28 >>Mayor Alpert: ALL RIGHT. 10:07:28 THE NEXT ITEM IS THE PUBLIC HEARING ON APPEAL APPLICATION 10:07:37 25-APP-03. 10:07:40 I'M GOING TO OPEN THE PUBLIC HEARING AND CALL UPON THE CITY 10:07:44 AUDITOR -- OR THE CITY ATTORNEY, TO EXPLAIN THE 10:07:47 QUASI-JUDICIAL PROCESS. 10:07:50 >>Joseph Polzak: THANK YOU, MAYOR. 10:07:51 TODAY, I'M PROUD TO INTRODUCE JAY DANIEL, WHO WILL BE

file:///C/Users/JJohnson/Desktop/25-05-13-CommissionSpecial.txt[5/14/2025 11:20:24 AM] 10:07:54 CONDUCTING THE PROCEEDING FOR US. 10:07:56 I'LL LET HIM TAKE IT FROM HERE. 10:07:58 >>Mayor Alpert: ALL RIGHT. 10:07:58 MR. DANIEL. 10:07:59 >> MADAM MAYOR AND COMMISSIONERS, THANK YOU FOR THE 10:08:01 OPPORTUNITY TO BE HERE TODAY. 10:08:02 I WANT TO THANK CITY ATTORNEY POLZAK FOR THE OPPORTUNITY TO 10:08:04 WORK WITH THE CITY ON THIS NONCONTROVERSIAL, EASY 10:08:07 APPLICATION TODAY. 10:08:10 [ LAUGHTER ] 10:08:10 ASKING YOU ALL TO TAKE IT EASY ON ME. 10:08:14 YOU HAVE DONE QUASI-JUDICIAL PROCEEDINGS IN THE PAST. 10:08:18 I DON'T KNOW THAT YOU NEED ME TO EXPLAIN THEM EXCEPT TO SAY 10:08:20 THAT IN QUASI-JUDICIAL PROCEEDINGS IT'S NOT YOUR FUNCTION TO 10:08:23 MAKE LAW AS IT IS IN YOUR ORDINARY LEGISLATIVE HEARING BUT 10:08:27 RATHER TO APPLY LAW THAT HAS ALREADY BEEN ESTABLISHED BY 10:08:30 YOUR CODE OF ORDINANCES AND YOUR DEVELOPMENT CODE. 10:08:32 YOU MAY ONLY CONSIDER THE EVIDENCE IN THIS PROCEEDING THAT 10:08:35 THE LAW CONSIDERS COMPETENT, SUBSTANTIAL, AND RELEVANT TO 10:08:38 THE ISSUES AND WE'LL BE DISCUSSING THAT A LITTLE BIT FURTHER 10:08:40 AS WE GO ALONG TODAY. 10:08:42 BUT YOU ALL HAVE ALREADY ESTABLISHED THROUGH RESOLUTION 10:08:48 2R-1505 PROCEDURES FOR THE CONDUCT OF QUASI-JUDICIAL 10:08:52 HEARINGS. 10:08:53 WE'LL FOLLOW THOSE TODAY. 10:08:55 I DO WANT TO MAKE A COUPLE OF NOTES BECAUSE IT'S COMING TO 10:08:57 YOU IN A LITTLE BIT OF A DIFFERENT POSTURE. 10:09:00 IT'S CALLED AN APPEAL. 10:09:01 BUT CANDIDLY, THIS HAS VERY FEW CHARACTERISTICS OF AN 10:09:06 APPEAL. 10:09:06 WHEN WE THINK OF AN APPEAL, WE GENERALLY CONSIDER THAT A 10:09:10 HIGHER BODY IS REVIEWING THE WORK AND CONCLUSIONS AND 10:09:13 SOMETIMES THE FACT FINDING OF A LOWER BODY. 10:09:16 THAT'S NOT WHAT IS HAPPENING HERE TODAY. 10:09:17 UNDER YOUR CODE, YOU ARE CHARGED WITH CONDUCTING A DE NOVO 10:09:23 PUBLIC HEARING, WHICH IN CONSULTATION WITH MOST OF THE 10:09:27 ATTORNEYS IN THE ROOM, ALTHOUGH I DON'T KNOW HOW MANY THERE 10:09:29 ARE, BUT AT LEAST WITH THE ONES FOR THE APPLICANT FOR THE 10:09:35 APPELLANT, THE PERSON WHO FILE THE APPEAL APPLICATION, WE 10:09:39 GENERALLY AGREE THIS BODY OWES NO DEFERENCE TO EITHER THE 10:09:43 CITY STAFF OR THE PLANNING BOARD THAT HAS PREVIOUSLY 10:09:46 CONSIDERED THIS APPLICATION. 10:09:47 WHAT THAT MEANS IS YOU ARE NOT BOUND BY THEIR FINDINGS. 10:09:51 YOU ARE NOT BOUND BY THEIR CONCLUSIONS. 10:09:53 YOU ARE TO MAKE YOUR DECISION BASED ON THE EVIDENCE THAT IS 10:09:57 GOING TO BE DEDUCED TO YOU TODAY DURING TODAY'S HEARING AND 10:10:00 THE EVIDENCE THAT APPEARS IN YOUR PACKET. 10:10:02 SO, WE DID TALK A LITTLE BIT ABOUT INTERSTITIAL SPACE ISSUE. 10:10:10 THERE'S BEEN SOME DISCUSSION WITH THE ATTORNEYS BACK AND 10:10:12 FORTH. 10:10:12 I KNOW THAT IT WAS RAISED PRIOR AS TO WHETHER THE NEW CODE 10:10:18 THAT YOU HAVE IN YOUR LAND DEVELOPMENT CODE REGARDING THE

file:///C/Users/JJohnson/Desktop/25-05-13-CommissionSpecial.txt[5/14/2025 11:20:24 AM] 10:10:23 REGULATION OF INTERSTITIAL SPACE OR THE OLD CODE APPLIES, 10:10:27 WHICH SPECIFICALLY PROHIBITS YOU FROM REGULATING 10:10:29 INTERSTITIAL SPACE. 10:10:32 IT IS MY OPINION THAT THE OLD CODE THAT PROHIBITS YOU FROM 10:10:35 INTERSTITIAL SPACE IS APPLICABLE HERE BECAUSE OF SENATE BILL 10:10:39 250, WHICH I KNOW YOU'VE BEEN BRIEFED ON AND MEMOED ON. 10:10:43 HAPPY TO ANSWER ANY QUESTIONS YOU HAVE, BUT THAT IS THE 10:10:46 OPINION OF MYSELF, AND I THINK GENERALLY THE ATTORNEYS WHO 10:10:50 ARE BEHIND ME AS WELL AS CITY ATTORNEY POLZAK AND ASSISTANT 10:10:54 CITY ATTORNEY SHAMSEY. 10:10:55 WITH THAT, I'M HAPPY TO RECEIVE ANY QUESTIONS, COMMENTS, 10:11:02 CONCERNS, OR SARCASTIC REMARKS YOU MAY HAVE THUS FAR. 10:11:05 ALWAYS HAPPY TO HAVE THOSE. 10:11:08 >>Mayor Alpert: COMMISSIONER -- VICE MAYOR TRICE. 10:11:10 >>Vice-Mayor Trice: WOULD YOU JUST CLARIFY AGAIN -- I WASN'T 10:11:13 SURE OF YOUR WORDING IN TERMS OF INTERSTITIAL SPACE. 10:11:19 IS THE CITY NOT ALLOWED TO REGULATE INTERSTITIAL SPACE IN 10:11:25 YOUR OPINION? 10:11:26 >> FOR THE PURPOSES OF THIS HEARING, WHAT YOUR CODE SAYS IS 10:11:29 THAT INTERSTITIAL SPACE IS NOT REGULATED. 10:11:31 >>Vice-Mayor Trice: THANK YOU. 10:11:34 >>Mayor Alpert: COMMISSIONER AHEARN-KOCH. 10:11:37 >>Jen Ahearn-Koch: YOU SAID THAT WE BASE OUR DECISION ON THE 10:11:40 EVIDENCE INTRODUCED TODAY AND IN THE PACKET. 10:11:45 IN THE PACKET THERE IS A LINK TO E-MAILS THAT WERE RECEIVED 10:11:52 BY THE PLANNING BOARD AND OTHERS. 10:11:57 ARE WE ABLE TO USE THAT AS SOMETHING TO BASE OUR DECISION ON 10:12:02 OR NOT? 10:12:04 >> INASMUCH AS THOSE E-MAILS CONCERN FACTS, BEAR IN MIND 10:12:08 THOSE E-MAILS ARE NOT SUBJECT TO ANY KIND OF SCRUTINY BEFORE 10:12:14 THIS BOARD. 10:12:14 THEY CAN'T BE SUBJECT TO REBUTTAL, CROSS-EXAMINED, 10:12:17 ET CETERA, ET CETERA. 10:12:18 IF THEY ARE CONSISTENT WITH FACTS THAT WOULD BE WITHIN THAT 10:12:20 WITNESS' KNOWLEDGE YOU HEAR TODAY, YES. 10:12:23 RELATIVE TO PROCESS, YOU ALL HAVE ALREADY DONE THIS. 10:12:30 YOU'VE ALREADY ESTABLISHED YOUR PROCESS. 10:12:32 WHAT IT SAYS IS, FIRST, THAT THE MAYOR MAY ESTABLISH 10:12:38 TIMELINESS APPLICABLE FOR PRESENTATIONS BY THE APPLICANTS 10:12:40 AND OTHER PERSONS WITH THE CONCURRENCE OF A MAJORITY OF THE 10:12:43 COMMISSIONERS. 10:12:43 IN CONSULTATION WITH THE ATTORNEYS TO THE HEARING, IT'S BEEN 10:12:47 DETERMINED THAT WE DO A -- THE APPLICANT FOR DEVELOPMENT, 10:12:58 THE CITY STAFF, AND THE APPELLANT HERE, WE RECOMMEND, OF 10:13:04 COURSE, THIS IS YOUR DECISION, RECOMMEND THEY BE ACCORDED 40 10:13:07 MINUTES EACH FOR PRESENTATION. 10:13:11 PERSONS WHO HAVE ACQUIRED AFFECTED PARTY STATUS, AND I 10:13:14 BELIEVE THERE ARE FIVE SUCH PERSONS, BE ACCORDED FIVE 10:13:19 MINUTES. 10:13:21 THREE MINUTES FOR PUBLIC COMMENT THEREAFTER AS THE MAYOR 10:13:25 PREVIOUSLY ALLUDED TO, AND THEN REBUTTAL OF FIVE MINUTES 10:13:28 EACH AT WHICH TIME THE COMMISSION WILL TAKE THE MATTER UNDER

file:///C/Users/JJohnson/Desktop/25-05-13-CommissionSpecial.txt[5/14/2025 11:20:24 AM] 10:13:32 ADVISEMENT. 10:13:33 WE CAN DISCUSS THIS WHEN WE GET TO THE TIME FOR MOTIONS. 10:13:35 OF COURSE, THE APPLICATION HERE IS AN APPEAL. 10:13:41 IF YOU GRANT THE APPEAL, THE APPEAL SAYS THIS APPLICATION 10:13:45 SHOULD NOT BE GRANTED, WILL NEED TO BE CAUTIOUS AND CAREFUL 10:13:49 ABOUT THE WAY THAT THE MOTION IS CONSTRUCTED. 10:13:52 BUT WE CAN DISCUSS THAT WHEN WE GET TO THE CONCLUSION OF THE 10:13:55 HEARING. 10:13:57 >>Mayor Alpert: I HAD A QUESTION BY COMMISSIONER OHLRICH. 10:14:00 >>Kathy Kelley Ohlrich: THANK YOU, MAYOR. 10:14:01 BASED ON THE EVIDENCE THAT IS PRESENTED TODAY, IS OUR 10:14:09 DECISION-MAKING CRITERIA ONLY SECTION 4-506 OF THE ZONING 10:14:14 CODE, STANDARDS FOR REVIEW OF SITE PLANS? 10:14:18 OR IS OUR DECISION MAKING, DOES IT ALSO INCLUDE SECTION 10:14:25 4-1903, APPROVAL CRITERIA FOR ADJUSTMENTS? 10:14:32 >> MY OPINION IS THE APPROVAL CRITERIA FOR ADJUSTMENTS ARE 10:14:35 STILL IN PLAY FOR YOU. 10:14:38 BUT IN MY OPINION, NONE OF THOSE APPROVAL CRITERIA FOR 10:14:41 ADJUSTMENTS WOULD GIVE YOU BASIS TO DENY THE APPLICATION. 10:14:45 IT WOULD BE MORE IN THE LINE OF A MODIFICATION TO IT, WHICH 10:14:48 YOU HAVE THE ABILITY TO MAKE. 10:14:51 >>Kathy Kelley Ohlrich: THANK YOU. 10:14:53 >>Mayor Alpert: COULD YOU REPEAT THAT, PLEASE? 10:14:56 >> SURE. 10:14:57 THERE'S BEEN SOME DISCUSSION PREVIOUSLY AS TO WHETHER THE 10:15:01 ADJUSTMENTS GRANTED BOTH BY STAFF AND LATER BY PLANNING 10:15:03 BOARD AND THAT ARE BEFORE YOU TODAY ARE SUBSUMED INTO THE 10:15:06 SITE PLAN APPLICATION OR WHETHER THEY STAND ALONE AND YOU 10:15:10 CAN CONSIDER THOSE CRITERIA. 10:15:12 SO THE SITE PLAN CRITERIA, AS WELL AS THE ADJUSTMENT 10:15:15 CRITERIA, IT IS MY OPINION THAT YOU MAY CONSIDER BOTH AND 10:15:18 SHOULD DECIDE ON BOTH. 10:15:23 >>Mayor Alpert: ALL RIGHT. 10:15:24 I DID WANT TO CLARIFY ABOUT THE E-MAILS IN TERMS OF 10:15:30 CONSIDERING THEM. 10:15:33 IF IT'S LEGISLATIVELY BASED, I LIKE THIS, I DON'T LIKE THIS 10:15:39 I WANT THIS, I DON'T WANT THIS, ISN'T THAT -- THAT'S NOT 10:15:43 COMPETENT, SUBSTANTIAL EVIDENCE. 10:15:45 >> PERFECTLY STATED, MAYOR, YES, IT'S NOT. 10:15:48 >>Mayor Alpert: THANK YOU. 10:15:49 ALL RIGHT. 10:15:55 NO OTHER QUESTIONS. 10:15:56 DISCLOSURE OF ANY EX PARTE COMMUNICATIONS, COMMISSIONERS. 10:16:03 I THINK THERE'S PROBABLY BEEN A NUMBER. 10:16:05 COMMISSIONER OHLRICH. 10:16:07 >>Kathy Kelley Ohlrich: THANK YOU. 10:16:08 I SPOKE TO SEVERAL PEOPLE WHO RESIDE IN BAY PLAZA. 10:16:14 DOES READING THE 9 MILLION E-MAILS COUNT? 10:16:17 I READ THEM. 10:16:21 I DON'T KNOW IF WATCHING THE PLANNING BOARD MEETING RELATED 10:16:25 TO THIS, IS EX PARTE, BUT I WATCHED THAT AS WELL. 10:16:31 >> I DON'T KNOW THAT WE NEED TO GET INTO A FINE DISTINCTION

file:///C/Users/JJohnson/Desktop/25-05-13-CommissionSpecial.txt[5/14/2025 11:20:24 AM] 10:16:33 OF WHAT IS AND WHAT IS NOT. 10:16:35 LET'S ASSUME THEY ARE, DO THE COMMUNICATIONS PREVENT YOU 10:16:38 FROM RENDERING A FAIR AND IMPARTIAL DECISION TODAY? 10:16:41 >>Kathy Kelley Ohlrich: NO. 10:16:42 >> THANK YOU. 10:16:43 >>Mayor Alpert: COMMISSIONER AHEARN-KOCH. 10:16:44 >>Jen Ahearn-Koch: I WAS VERY CAREFUL WHEN THIS TURNED INTO 10:16:47 A QUASI-JUDICIAL MATTER, AND I DID NOT SPECIFICALLY AT ALL 10:16:55 RESPOND TO ANY OF THE E-MAILS WHEN IT BECAME QUASI-JUDICIAL. 10:17:01 SO I HAD NO QUASI-JUDICIAL, NO EX PARTE COMMUNICATION AT 10:17:05 ALL. 10:17:06 I DID ATTEND THE PLANNING BOARD MEETING, AND THAT WOULD DO 10:17:11 IT FOR MY EX PARTE COMMUNICATION. 10:17:15 >> I THINK IT'S APPROPRIATE HERE LIKEWISE TO SAY WITHOUT 10:17:17 GETTING INTO FINE DISTINCTIONS, DO YOU FEEL THAT ANY OF THE 10:17:20 COMMUNICATIONS PROHIBIT YOU FROM RENDERING A FAIR AND 10:17:22 IMPARTIAL DECISION TODAY? 10:17:24 >>Jen Ahearn-Koch: I DO NOT. 10:17:24 >>Mayor Alpert: VICE MAYOR. 10:17:27 >>Vice-Mayor Trice: YEAH, I READ THE MAJORITY OF THE 9 10:17:31 MILLION E-MAILS. 10:17:36 OVER A YEAR AND A HALF AGO, I ACTUALLY ACCEPTED AN 10:17:39 INVITATION FOR A SITE VISIT FROM BAY PLAZA RESIDENTS, BUT I 10:17:44 HAVE NOT BEEN TO THE SITE SINCE OTHER THAN NORMAL WALKING UP 10:17:49 AND DOWN PALM AVENUE AS A RESIDENT. 10:17:53 AND I HAVE HEARD, WHAT, TWO YEARS' WORTH OF PUBLIC COMMENT 10:17:57 AT THESE MEETINGS, BUT THAT HAS PRETTY MUCH BEEN THE EXTENT 10:18:01 OF IT. 10:18:02 THANK YOU. 10:18:03 >> ONE OR MORE OF THE COMMUNICATIONS ARE EX PARTE, DO YOU 10:18:05 FEEL THAT ANY OF THEM PROHIBIT YOU FROM RENDERING A FAIR AND 10:18:08 IMPARTIAL DECISION? 10:18:09 >>Vice-Mayor Trice: NO, NO. 10:18:10 THANK YOU. 10:18:11 >>Mayor Alpert: COMMISSIONER BATTIE. 10:18:12 >>Kyle Battie: YES. 10:18:13 THANK YOU, MAYOR. 10:18:14 I'VE HAD A FEW CONVERSATIONS RECENTLY. 10:18:21 I DID DO A SITE VISIT NOT LONG AGO. 10:18:25 I'M TRYING TO THINK IF IT WAS BEFORE THE PLANNING BOARD 10:18:29 RENDERED THEIR DECISION THAT TURNED IT QUASI-JUDICIAL. 10:18:33 BUT I DID DO A SITE VISIT. 10:18:36 IT HAS NO BEARING ON MY DECISION HERE TODAY. 10:18:40 >> THANK YOU, COMMISSIONER. 10:18:40 >>Mayor Alpert: I DID A SITE VISIT AS WELL WITH SOME OF THE 10:18:43 RESIDENTS OF BAY PLAZA SO THAT THEY COULD SHOW ME THE AREA, 10:18:51 THE EFFECT ON THEIR BUILDING. 10:18:57 I ALSO WAS IN THE ARCHITECT'S OFFICE TO MEET WITH A SPEAKER 10:19:07 ABOUT GETTING RETAIL FOR DOWNTOWN SARASOTA. 10:19:12 AND THEY WERE SHOWING ME THEIR 3D MODELING THEY ARE WORKING 10:19:16 ON. 10:19:17 AND I ASKED.

file:///C/Users/JJohnson/Desktop/25-05-13-CommissionSpecial.txt[5/14/2025 11:20:24 AM] 10:19:19 THEY DID NOT BRING UP THE SUBJECT WITH ME. 10:19:21 I ASKED TO SEE THE 3D MODEL OF HOW THE BUILDING WOULD LOOK 10:19:26 AGAINST BAY PLAZA. 10:19:28 AND THIS WAS NO CONVERSATION ABOUT IT. 10:19:31 >> AGAIN, PRESUMING THEY MAY BE CONSIDERED EX PARTE 10:19:34 COMMUNICATIONS, DID ANY OF THEM PROHIBIT YOU FROM RENDERING 10:19:36 A FAIR AND IMPARTIAL DECISION TODAY? 10:19:39 >>Mayor Alpert: NO. 10:19:41 >> THANK YOU, MADAM MAYOR. 10:19:42 >>Jen Ahearn-Koch: I WANT TO BE SPECIFIC, I ALSO DID NOT 10:19:44 MEET WITH OUR OWN CITY STAFF TO GO OVER ANY OF THE ITEMS IN 10:19:49 HERE BECAUSE I WANTED MY QUESTIONS TO BE ASKED OF CITY STAFF 10:19:52 HERE. 10:19:53 AND HAVE THAT AS TESTIMONY DURING TODAY'S HEARING. 10:19:59 SO I DID NOT DO A SITE VISIT WITH EITHER THE RESIDENTS OR 10:20:04 WITH CITY STAFF, WHICH IS VERY UNUSUAL FOR ME TO REFUSE A 10:20:08 SITE VISIT. 10:20:10 I ALSO DID NOT ASK ANY OF THE QUESTIONS THAT I WILL ASK 10:20:14 TODAY OF CITY STAFF PRIOR TO TODAY. 10:20:18 >> THANK YOU, COMMISSIONER. 10:20:20 >>Mayor Alpert: I ALSO DID WATCH THE PLANNING BOARD MEETING. 10:20:23 I HAD FORGOTTEN TO MENTION THAT. 10:20:27 >> BEFORE YOU ACTUALLY MAKE A MOTION ON THE TIME 10:20:30 PRESENTATION, I WOULD LIKE TO SAY THAT GIVEN OPTION WILL GO 10:20:36 AFTER US, THE AFFECTED PERSONS, AND A NUMBER OF THE PUBLIC, 10:20:40 WE DON'T THINK FIVE MINUTES FOR REBUTTAL IS SUFFICIENT. 10:20:46 ROBERT LINCOLN ON BEHALF OF THE APPLICANT. 10:20:49 IN MAKING THE MOTION ON TIME FRAMES, BECAUSE YOU'RE GOING TO 10:20:56 DO THAT NOW, THAT'S WHY I'M SPEAKING UP NOW, WE'D LIKE TO 10:20:59 HAVE 30 MINUTES FOR REBUTTAL. 10:21:01 I THINK WE NEED THAT FOR DUE PROCESS. 10:21:06 >>Mayor Alpert: I'M FINE WITH THAT. 10:21:07 >>Shayla Griggs: WE NEED TO MAKE SURE THE WHOLE COMMISSION 10:21:09 IS OKAY WITH THAT. 10:21:10 DO WE HAVE CONSENSUS? 10:21:16 >>Mayor Alpert: YEAH, I MEAN, WE WANT TO MAKE SURE THAT 10:21:18 THERE'S NO QUESTION IT WAS A FAIR HEARING. 10:21:24 >> THE COMMISSION'S DISCRETION TO DECIDE ON THAT. 10:21:29 >>Mayor Alpert: SAID YES. 10:21:29 WE SAID 40 MINUTES FOR THE APPLICANT, 40 MINUTES FOR STAFF, 10:21:41 40 MINUTES FOR THE APPELLANT, ALL OF THEM? 10:21:45 >> YES. 10:21:47 >>Mayor Alpert: FIVE MINUTES FOR AFFECTED PERSONS, THREE 10:21:49 MINUTES FOR PUBLIC COMMENT, AND 30 MINUTES FOR THE REBUTTAL, 10:21:54 AND THEN THE COMMISSIONER QUESTIONS AND ANSWERS. 10:21:57 WE HAVE OUR TIME LIMITS. 10:21:58 >> TO CLARIFY, YOU HAVE ONLY ONE APPELLANT HERE. 10:22:00 THE SINGLE APPELLANT WOULD GET THE 40 MINUTES. 10:22:03 REMAINDER OF AFFECTED PERSONS WOULD GET THE 5. 10:22:07 >>Mayor Alpert: RIGHT. 10:22:09 >> YOU SAID ALL OF THEM, SO I WAS CONCERNED -- 10:22:12 >>Mayor Alpert: NO, NO.

file:///C/Users/JJohnson/Desktop/25-05-13-CommissionSpecial.txt[5/14/2025 11:20:24 AM] 10:22:14 FIVE MINUTES EACH. 10:22:15 I'M SORRY. 10:22:15 THE PUBLIC COMMENT THREE MINUTES EACH. 10:22:18 COMMISSIONERS, I DON'T THINK WE'RE VOTING -- DO WE WANT A 10:22:29 MOTION ON THE TIME LIMITS? 10:22:30 I THINK WE ALREADY VOTED ON THAT EARLIER, BUT WE'RE 10:22:34 ADJUSTING THEM. 10:22:35 >> I DON'T THINK YOU NEED A MOTION. 10:22:36 I THINK WE'RE AGREED. 10:22:37 >>Mayor Alpert: OKAY. 10:22:38 GREAT. 10:22:38 THANK YOU. 10:22:38 WE BEGIN. 10:22:43 I'LL CALL ON -- IS JOEL FREEDMAN APPEARING -- 10:22:49 >>Shayla Griggs: ZOOM. 10:22:50 >>Mayor Alpert: HE'S APPEARING BY ZOOM. 10:22:52 ARE YOU PRESENTING, MR. FREEDMAN? 10:22:59 >> I BELIEVE ISN'T STAFF PRESENTING FIRST? 10:23:03 >>Mayor Alpert: NO, YOU GO FIRST AS AGENT REPRESENTING PALM 10:23:07 PROPERTIES, LLC. 10:23:09 ARE YOU READY TO GO? 10:23:15 >> JOEL FREEDMAN: I APPRECIATE THE OPPORTUNITY TO 10:23:24 PARTICIPATE VIA ZOOM WHILE I'M FINISHING UP WHAT I HOPE TO 10:23:27 BE A VERY SUCCESSFUL PROCEDURE UP HERE AT MOFFITT. 10:23:31 I'M GOING TO BE VERY QUICK AND GET GOING BECAUSE WE HAVE A 10:23:34 LOT TO GO OVER. 10:23:35 AGAIN, MY NAME IS JOEL FREEDMAN, WITH FREEDMAN CONSULTING 10:23:40 AND DEVELOPMENT. 10:23:41 I'M THE AGENT FOR THE APPLICANT, MK EQUITY CORPORATION. 10:23:43 WITH US TODAY IS GARY HOYT WITH HOYT ARCHITECTS. 10:23:47 CHRIS GALLAGHER IS THERE IN THE AUDIENCE. 10:23:50 GEORGE SCARFE WITH HOYT ARCHITECTS. 10:23:52 ROBERT LINCOLN WITH THE LAW OFFICES OF ROBERT K. LINCOLN. 10:23:57 BRENDA PATTEN IS ALSO WITH US WITH THE LAW FIRM OF BERLIN 10:24:02 PATTEN. 10:24:04 I'LL TURN IT OVER RIGHT NOW AND GET RIGHT INTO THE THINGS SO 10:24:07 THAT WE CAN BEGIN OUR DISCUSSIONS. 10:24:09 GARY. 10:24:13 >> HELLO, GOOD MORNING. 10:24:14 I'M GARY HOYT. 10:24:18 I HAVE NOT BEEN SWORN, BY THE WAY. 10:24:21 >>Shayla Griggs: DO YOU SWEAR OR AFFIRM TO -- 10:24:26 >> HOLD THE CLOCK. 10:24:27 >>Shayla Griggs: DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH 10:24:29 TODAY, SIR? 10:24:31 >>Gary Hoyt: I DO. 10:24:32 THANK YOU. 10:24:33 I'M GARY HOYT. 10:24:35 I HAVE BEEN SWORN. 10:24:36 TODAY I WOULD REALLY -- BEFORE WE GO FORWARD, I WOULD LIKE 10:24:41 TO STEP BACK A LITTLE BIT INTO HISTORY HERE AND GIVE YOU 10:24:44 SOME BACKGROUND OF OUR PROJECT AND ALSO THE AREA IN WHICH

file:///C/Users/JJohnson/Desktop/25-05-13-CommissionSpecial.txt[5/14/2025 11:20:24 AM] 10:24:48 IT'S LOCATED. 10:24:49 BACK WHEN BAY PLAZA WAS BUILT, I WAS A DESIGN ARCHITECT FOR 10:24:57 THE ARCHITECTS O