Issue link: https://newsleader.uberflip.com/i/281176
Hines also asked for clarification of a remark McWhorter had made — that a few decibels have to be added to a noise meter reading to make sure a citation will stand up in court. Burns, the Code Enforcement officer, explained that for a 65-decibel reading, "We're required to give 2 or 3 extra decibels, just to make up for the accuracy of the machine itself, if that makes sense." He also pointed out that if a reading is taken close to the noise source — a band, for exam- ple — because of the ambient noise factor, an officer is required to add 3 decibels to the result. In the same type of situation, he said, if the level is within 4 or 5 decibels of the maximum allowed, the officer has to add 2 decibels to the reading. "It is a complicated way of doing things," Burns pointed out, "but it's the best way we have." Hines pointed out, then, that if the commis- sion set the level at 65 dbA, an officer would have to show a reading of 67 or 68 decibels in court for a citation to be valid. "We would do that as a regular course," Burns replied. Would he cite a band playing at 68 deci- bels if the maximum level allowed was 65, Patterson asked. "If they're 68 … they would not be in violation, because we have to give them 3 decibels," Burns told her. After Patterson made the motion to adopt the lower levels for which the River Forest Civic Association had advocated, Hines said, "I was kind of astounded … the first time I saw the chart comparing us to other communities." He added that he also had been swayed by Burns' comments regarding the necessity of flexibility in the readings Code Enforcement officers take. Barbetta reiterated that while he felt bad for the people living near Bob's Boathouse and Walt's Fish Market, "We're reacting to [those situations]." "It's really only going to affect a very few properties," Patterson countered. "After a little bit," she said, "[bands] learn; they get their own decibel meters and, by and large, try to cooperate." "What's really got me struggling on this," Robinson said, "is the sheriff's endorsing the staff-recommended version." Finally, she said, "I'm going to support [Patterson's motion]. I have reservations. … This may need to be readdressed again." After the 3-1 vote, Russell Matthes, co-owner of the Daiquiri Deck in Siesta Village and the Daiquiri Deck Raw Bar restaurants on St. Armands Circle and in Venice, told the News Leader, "I think it comes down to an enforce- ment issue." He added that the changes should have little impact in Siesta Village. Based on the table approved, he pointed out, if a band is in compliance at the emitting line, the sound should not be higher than allowed at a resi- dential receiving line. Jay Lancer, who co-owns the parcels where the Siesta Key Oyster Bar and Daiquiri Deck stand in Siesta Village, told the News Leader, "I don't think it was a bad solution as far as it went." Nonetheless, he agreed with Barbetta that unintended consequences would arise. Lancer added, "My main point here is the out- laws aren't going to pay attention to what they're supposed to do. It's naïve to think so." % Sarasota News Leader March 21, 2014 Page 23