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HomeMy WebLinkAbout07-06-2010 Regular MeetingPublic Meeting Notice PUBLIC FORUM ON NOISE Date & Time: Tuesday, July 6, 2010 at 6:00 pm. Place: Delchamps Room 161 North Section Street Notice must be stamped, dated and initialed before posted on bulletin board. STATE OF ALABAMA )( COUNTY OF BALDWIN )( An Open Forum on the Noise Ordinance was held at 6:00 p.m., Fairhope Municipal Complex Delchamps Room , 161 North Section Street, Fairhope , Alabama 36532 , on Tuesday, July 6, 2010. Present were: Councilmembers: Rick Kingrea, Dan Stankoski , and Lonnie Mixon , City Administrator Gregg Mims , Chief of Police Bill Press , City Attorney Tut Wynne and Assistant City Clerk Candace G. Antinarella. Councilmembers Rick Kingrea and Dan Stankoski were the moderators. Councilmember Stankoski called the meeting to order at 6:00 p.m. He announced this Open Forum would be an open discussion regarding the Noise Ordinance. Councilmember Stankoski acknowledged that there needs to be something that applies to the whole city. He also stated that this is a public meeting , to be polite with no arguments. There is a printed agenda that will be followed. Councilmember Kingrea stated that this is a touchy issue in a lot of other cities. He wanted a legitimate discussion in an attempt to satisfy as many as the y can. Councilmember Kingrea read the printed agenda. Chief Bill Press began by giving facts . He stated that when he first came to Fairhope , some noise complaints were enforced and some were not. He said that he talked to citizens and business owners to obtain opinions regarding noise. He said that if you can hear music or feel it , it allows the police department to enforce it. He gave statistics from October 19 , 2009 to June 6, 2010 which showed that there were 26 complaints against Fly Creek Cafe made by the same four families , with six complaints made against McSherry's and four against My Place. In the time period of May 1, 2010 to June 5, 2010 , there was no noise complaints made against McSherry 's or My Place , although there were nine complaints against Fly Creek Cafe again from the same four families. Chief Press stated that in the event of a complaint, the police department responds to the house and if the noise if clearly audible in the house or it is felt , the officer radios to the scene for the music to be lowered until the officer in the house cannot hear it anymore. Chief Press also stated that there are three types of enforcement used which are a warning , a written citation and arrest for disorderly conduct. He also reminded those present that we are only talking about three establishments , but there really isn 't a problem with McSherry's or My Place . The floor was opened for discussion. Open Forum Tuesday, 6 July 2010 Page \ 2 Mark Polon, 464 Equality A venue , Fairhope , Alabama, spoke first and asked how complaints are calculated and also if the police department would respond to loud music but not noisy crowds . Chief Press responded to Mr. Polon that the police department responds to every call and all noise complaints are immediately reported to Chief Press . Mr. Polon also stated that the ordinance needs to look at crowd noise. He said this is a problem with those coming from bars walking in the street and being loud. He also said that he asked three different officers what plainly audible is and received three different answers . Harold Lanier, 65 Magnolia A venue, Fairhope, Alabama, stated that he lives above the pier and questioned the ice cream truck and its music. He asks that this vehicle only play its music when it 's moving. The truck just sits and plays the loud music continually. Mr. Lanier encouraged looking into a franchise agreement with these type vendors. Ann Lanier, 65 Magnolia Avenue , Fairhope, Alabama, asked if the ice cream truck was exempt from the noise ordinance. Pat Brandon, 107 N. Bayview Avenue, Fairhope , Alabama, stated that the ice cream truck is obnoxious. He said the ice cream truck played so loud during the Fourth of July fireworks that he could not hear the music that was played for the celebration. Greg Smith, 111 Volanta A venue , Fairhope , Alabama, asked if the four families that complain about Fly Creek Cafe are the closest. He said the ordinance and "continuing" needs to be looked at closely. Tricia Niemeyer, Fly Creek Cafe, 831 N. Section Street, Fairhope, Alabama, directed her comments to the four families that complain about her establishment. She stated that she understands their frustration and empathizes , but she has tried to compromise. She stated that she did not change the zoning but the zoning area she is in is appropriate to her business. She said she has a business that employs local people and she has around 2 ,000 people per week through into her restaurant. She stated that she has a huge consensus who likes what she is doing. She said her music goes off between 9:00 pm and 10:00 pm at night, which is in compliance with the law. She feels that those residents are trying to hold the Fly Creek Cafe land the same as residential and it is not. She is zoned properly and is abiding by the law running her business. Also, Ms . Niemeyer stated that she can only assume that the changes in the wind direction or the change in instrument can make the music appear louder, but she does not turn the music up . Doug Kennedy, 121 Volanta Avenue , Fairhope, Alabama, asked "how do you measure 300 foot "? Mr. Wynne responded it is measured from property line to property line. He stated that they call the police department because they can hear the music inside their house and does not feel that the police are enforcing the ordinance properly. Open Forum Tuesday , 6 July 2010 Page 13 He stated that his and the other three houses are a buffer for the music coming from Fly Creek Cafe. City Attorney Tut Wynne stated that "plainly audible" is when noise or music is disrupting activities inside the house. Chief Press went on to say that if the ticking of a clock is louder than the music , then it is not plainly audible. He said if people can hear it when they are trying to sleep then it is plainly audible . Patricia Havard , 125 Volanta Avenue, Fairhope, Alabama, stated that she made two calls on Memorial Day and officers would not respond . Chief Press said they did not respond because it was a special event night. Clay Havard, 125 Volanta Avenue, Fairhope , Alabama, stated that he has never been notified of a special event at Fly Creek Cafe . He said that he had never had a noise problem unti l Fly Creek Cafe opened. He is offended by the noise coming from Fly Creek Cafe. He asked why Ms. Niemeyer can 't just tum the music down. Steve Dampier, 103 Fairhope Court North , Fairhope, Alabama, stated that he goes to Fly Creek Cafe to eat and enjoy the music. He said that he does not have a problem with the noise generated at Fly Creek Cafe and he also lives very close to the restaurant. He did state that he thinks the noise ordinance is very vague and needs to have decibels in it. Ray Clark , 831 N . Section Street, Fairhope , Alabama, stated that he lives close but does not hear the noise . He said Ms . Niemeyer does everything that she can and the noise is not excessive , but enjoyable . The noise or music does not rattle his house. Hunter Niemeyer, Fly Creek Cafe, 831 N. Section Street, Fairhope, Alabama, stated that they have petitions of those individuals who do not have a problem with Fly Creek Cafe and enjoy the music and the atmosphere. He also stated that the music never goes past 9:59 pm. Sarah Kennedy , 121 Volanta Avenue, Fairhope, Alabama, says that she does hear music coming from Fly Creek Cafe coming into her home. She stated that she has given up on enjoying her porch and backyard due to the noise. She said this has been an ongoing complaint with Fly Creek Cafe since November 2008. She said she is complaining about amplified music in her home. Ms . Kennedy suggested that the ordinance reflect different areas. Councilmember Kingrea responded that this will be one ordinance for the entire city and he is not making an ordinance for one specific area. Jim Homer, 117 Volanta Avenue, Fairhope , Alabama, said the present ordinance is vague and needs restrictions on audib le noise and a clear definition of plainly audible should be looked at, as well as special events. He said that Fly Creek Cafe should not be able to play music as loud as they want to. He also stated that the City of Fairhope came Open Forum Tuesday , 6 July 2010 Page 14 to the assistance of those living around The Gumbo Shack and asked for the same assistance. David Clarkson , 113 Volanta Avenue , Fairhope , Alabama, said that the problem is the Chiefs interpretation of the ordinance. He said he cannot enjoy his backyard and porch and the noise and music is offensive. Dr. Clarkson understands that amplification is used to draw in business but doesn 't like it. Council President Mixon said after listening to both sides, what he is hearing is that if the music was not amplified then it would be acceptable . Hunter Niemeyer then stated that amplified music is integral to their business and has a petition of twenty-two neighbors who love it. He also stated that he has over 200 signatures of people who like and enjoy Fly Creek Cafe. He asked at what point can "majority rule". He also stated that they are situated on a US waterway and next to a . . noisy manna. Ed Carlisle, 104 North Bayview Avenue , Fairhope , Alabama, stated that the families that are complaining are the same families that incorporated the area. He then stated that we need to be careful when changing the ordinance because lawnmowers are also loud and he asked what time the city stops ringing the clock. He said that we need to be very careful at how far we go with this ordinance . Joanne Broadus , 617 North Mobile St., Fairhope , Alabama, asked if we were here to discuss all of Fairhope or just one issue. She stated that no one has addressed the objective of this situation . She lives close to Fly Creek Cafe and the Fairhope Yacht Club and during football season can hear the music but it doesn't bother her. She enjoys the music and goes out to her pier to be able to hear it. She suggested before anything is done to change the ordinance that research needs to be done . She went on to say that she is a friend of Niemeyer ' s. She lastly stated that we do not need to go against and attack small , local businesses. Mark Polon suggested that the city create a public/private group to tweak the current ordinance . Jim Homer agreed with Mr. Polon that he wants the residents represented in the changing process. Councilmember Stankoski thanked those in attendance . He stated that we need to look into a few items ; the need to tweak the plainly audible definition , the need for a warning plan , the need to look at special events and holidays and the need to look at the confines of a structure. City Attorney Wynne said that the objective and subjective need to be looked at for this issue. Open Forum Tuesday , 6 July 2010 Page I 5 Joanne Broadus again spoke up and said that the dynamics of this city have changed drastically and noise is just part of the neighborhood. Councilmember Kingrea closed the open forum by telling those in attendance that he wants what is best for the greater good and wants to satisfy this issue . He said that he heard some good ideas , but no matter what is done , not everyone will be happy. The Open Forum was adjourned at 7:40 p .m. (!///dtbaud ~ Candace G. Antinarella, Assistant City Clerk