Here’s The Scoop … LBTS Commission Meeting … #2 …. No Waives …. Just Alot Of Noise ….
July 15, 2009 by Barbara
WE 3 PLEDGE ALLEGIANCE….
Dear Readers…Here is the first part of the exchange dealing with the Athena By The Sea Special Event……most of it verbatim…because…you have to see it in black and white and ask yourselves….who is the real leader these days in the “Gang of 4”?…
12 Consent Agenda…
a. Commission approval of Special Event Permit application for Athena by the Sea’s “Wine and Food Festival” event, Saturday, October 31, 2009, at 8:00 AM till Sunday, November 1, 2009 11:00 PM (Assistant Town Manager Olinzock)
BC- On page 2 of the backup…is the Special Event Permit Application….#9 on the list of requirements…
” UNLESS WAIVED BY THE TOWN COMMISSION, TO ENSURE COMPLIANCE, TOWN ADMINISTRATION WILL AUTHORIZE ADDITIONAL HOURS TO TOWN STAFF AND THE APPLICANT WILL ACCORDINGLY PROVIDE REIMBURSEMENT TO THE TOWN FOR THIS PRESENCE” ….
Commissioner Clottey ” I’m gonna pull the first one……I’m gonna move that we ah, give the applicant one day whichever day they choose to have this event because I don’t think we should be allowing one business to do a two day event.”
Commissioner Doddd- ” Um. yes I’ve got three motions on this particular subject . If you would like I’d like to make my first motion that we waive the fee for the code person. It’s up to the Manager if she wants to authorize code to be present on the Town’s dollar but I would like to make a motion that this ah, Commission waives the code fee for this particular event. Anybody want to second it?”
Mayor- “I’ll second it”…as she handed the gavel to the Vice Mayor…
BC- Comm. Dodd was trying o do what the Manager said at a prior meeting was the only way to stop the business applying for a special event permit from being required to have a code officer at the event and to reimburse the Town for the cost ….It was an addition to all new Special Event Permits enacted with the new permits applied for by Village Grill and Athena a few months ago (prev. post)…The addition was not noticed by the Commission and was not brought to their attention by the staff…It was a “gotcha” put in for fees….and as stated the only way to remedy it for the Commission to waive the fees….
Vice Mayor McIntee-” I’ll save you the trouble, I’ll second for discussion then you won’t have to go back and forth ok? For discussion? Town Manager do we send an individual citizen a charge for that?”
Town Manager- ” I have not charged any business person any fees for a code officer. The only fees they have been payin’ for is special detail officers.”
VM- ” So what’re you asking for Commissioner Dodd?”
CD- ” Ah, I’m asking to waive the fee that may or may not be applied according to the permit. Because in the permit it says the fee will be applied. So I’m asking that it be waived.”
VM- ” If the Town Manager , Town Manager respond to that?”
CD- ” In which case if she’s not going to apply the fee then take it off the permit.”
TM- ” There’s a noise ordinance. I must abide by the law of this town. If there is a violation of the noise ordinance and we have to call a code officer in, that code officer will have to be paid and someone does have to pay for it. We still abide by the noise ordinance. As of this date we have not had to call anybody in. The code people on staff have have been monitoring the events during flexing hours.”
BC- So the Manager has now veered off the subject Comm. Dodd was speaking on…the code officers that will be present at the events and will be paid for by the applicant… …and the “Gang of 3″ will follow…like the 3 Stooges!…
VM- ” Ok, so in fairness what you’re saying is unless there’s an official complaint about the noise there is no charge for a code person to be at this event or any other events?”
TM- ” If I do not have to call them in for a call in pay, yes.”
VM- ” I withdraw my second.”
BC- The Blind leading the blind ….
CD- ” Ah, could you clarify that again that they only get billed if there’s an offense, is that what you’re trying to tell me?”
TM- ” No Commissioner Dodd, I am sayin’ that if a code officer has to be called in for call in pay because there is a violation of a code ordinance that individual has to get paid. And if there is an event that the music is on at 10:01 and a code officer gets called in , has come in from their house to respond to that, that code violation which is the law of this town then someone has to pay for that call in pay. Just like they pay for special deputies on duty they have to pay for code officers on duty.”
CD- ” So they’re not gonna pay for three hours for being there all the time counting the number of people for the toilets, is that what you’re telling me?”
TM- ” Like I said, I said to you that the code officers are there during the night and we accommodate their schedules. We flex their hours. If there is no problem, there is no charge.”
BC- Not what the special event permit states….
Mayor- ” Point of information, if a resident does call at 10:01 because they feel the music had continued on then you do have to call code enforcement, what would be the minimum charge ? Is one hour, two hours, three hours?”
TM- ” We have to pay the employee a three hour call in pay to come in at that time of day, at that time of night.”
Mayor- “ok”
CD- ” I still think that’s unrealistic. My motion is that we shouldn’t be charging these events and we shouldn’t be charging for three hours because if one person’s getting vindictive then they’re gonna ring in at 10:01 and they’re gonna end up with somebody being charged for it and that is wrong.”…APPLAUSE!….
Comm. Clottey- ” Point of information, um the three hour minimum, what does that relate to in terms of actual dollars?’
TM- ” Depends which code officer has to come in.”
CC- ” The range?”
TM- ” I don’t know off the top of my head. We could do this very easy if you want the town to abide by the law. It’s done two ways either I can talk to BSO to see if they want to while they’re out there gettin’ paid special duty and let us know if there’s a noise violation or we will abide by the code which is the law of this town and have a code officer on duty. It’s either which way. The law has to be abided by the code in place someone has to get paid to do this job.”
BC- Remember…Comm. Dodd is making a motion to “waive” item #9 on the special event permit…which has nothing to do with the noise ordinance…or after the event!…
CD- ” OK, well then I’m making the motion that the fees be waived! Is my motion and I’ll accept what you’re trying to say Esther, I still think it’s wrong, I still think the people out there think it’s wrong. But we are now penalizing the businesses because somebody may well have a vendetta and want to call in. We have had, no we haven’t had a major problem. In the event of noise then you call the BSO and you don’t call the special duty officer , you call the BSO and formally put in a complaint and BSO come along and deals with it. That’s what’s been happening. I’m getting tired of this black and white and I am making a motion that we waive the fees for a special event because I don’t want to see any of these businesses penalized. You’ve seen in the paper Fort Lauderdale is trying desperately to regenerate, Pompano Beach is trying to regenerate and we’re trying to penalize the businesses.”…APPLAUSE!…
Mayor- “I’m will second that, let’s move this on”
VM- ” Ah, to date have we charged any event person for anytime whatsoever?”
TM- “No!’
VM- ” Can we direct if there’s a complaint first of all they cannot call the town Commissioner Dodd, they can’t call the town at 10:01, they have to call BSO. OK because the town, nobody’s answering phones at 10:01 at night OK. So if you feel it’s a violation the first thing the Lieutenant’s gonna do is advise them to turn it down. Lieutenant would you come up please. Lieutenant if your officers receive a call at 10:01 of loud music at the 101 what would you think your officers would probably do?”
Lt. Cedeno- ” Advise them to shut it down.”
VM- ” And if they didn’t shut it down would you direct your officers to call in a town code person, would that be normal routine?”
Lt.-“Yes”
VM- ” And that solves the problem?”
Lt. – ” We’d bring it to your attention if needed the following day.”
VM- ” So we don’t need to have this motion. The Sheriff does it for us.”
BC- Again, Comm. Dodd’s motion is to “waive” #9 for code “presence” at the event….
CD- ” Yes, but I had to put a motion in because I’ve seen code people there counting the number of people.”
VM- “That has nothing to do with the noise ordinance, nothing!”
BC- The VM is so off the mark…he just followed the TM’s lead going over the edge…OUCH!…
CD- ” It had to do with the fees.”
VM- ” But there is no fees. That’s what the Town Manager is telling you, there is no fees.”
CD- ” It’s printed on the permit!”
VM- ” But nobody’s being charged because there’s flex hours. They are not being charged, nobody has been charged to date for one dollar to obey at any festival. And if we get a call at 10:01 which may demand to enforce the law which is the noise ordinance the Sheriff has to take it because we have no way of getting that call. The deputy would then go and say please turn it down and our business people I’m sure will turn it down. If they get belligerent then their next step will be to call the Town Manager to send a code person.’ Is that fair Lt.? So there’s no need for this.
Mayor- ” Can I just say one thing though, it sounds like what Commissioner Dodd wants to do is just assure the business own we that they won’t be charged. That’s why he is asking this waiving of the fees even though we haven’t done it in the past a lot of things have changed in the present. So with that being said Commissioner Dodd do you want to continue your motion?”…APPLAUSE!
CD- ” Ah, I’m afraid I do and I want to put it on the record on this dais because yes things have gotten changed and strange things have happened. I don’t think they should be changed. I vote that we should waive the fees . It’s recorded on the document that fees are there and if the Town Manager chooses to send someone out to count the number of people for the toilets or whatever infringement or whatever ok, the the Town Manager could turn around and charge even though she hasn’t yet. It’s in black and white that we have the authority to waive the fees.”
VM- ” There’s a motion on the floor, is there a second?”…(He has the gavel and hits it down)…
Mayor- ” Yes, there is.”
VM- ” I will now recognize myself. Would you accept the Town Manager’s word that she won’t do that?”
BC- The audience yelled no, no…and mumbled Chief Gooding over and over….
CD- ” It’s easier to waive the fees for this event.”
BC- The Mayor directed the VM that Comm. Silverstone and Clottey pushed their buttons…and he recognized them…
Comm. Silverstone- ” Commisioner Dodd would you accept a friendly amendment by stating that if BSO does get a call and if they don’t abide by BSO’s rules then whatever the fine is for that breaking of the code will then be implemented at that time without a code enforcement being there?”
CD- ” I have no problem, if they don’t do what the police say. I have no problem with that. I have a problem when it specifies in the event permit that the town can charge sending out a code person and counting the number….”
CS- ” You just heard the Town Manager clearly state to you that she , that only happens when somebody’s a possible violations being done by BSO confirming it, so I don’t think there’s a, I don’t think that’s reasonable.”
BC- Reasonable? really!…
Comm. Clottey- ” Commissioner Dodd would you accept ah, a friendly amendment saying that ah, if the police have to go out a second time they get one pass if they ignore it ah, then the police the second time will call a code enforcement officer.”
BC- Incredible a Ph.D and she cannot understand the motion on # 9 …for waiving the fees!…
CD- ” I have no problem with the way the police are working. I’m the one all along who’s been saying if the police have to go out to a rental property then they should get the bill. I have a problem with the FACT that in the event permit that they have to apply for there is a clause that says that the Town staff that only this commission can waive the fees for code enforcement if the town chooses to send the code enforcement person to that event.”
CC- ” OK, but what I’m trying to say is if the police have to go out there a second time only then will ah, a charge be incurred for a code enforcement officer. Give them a pass the first time, if the police have to go out a second time then a code enforcement officer gets called in.”
BC- ARGHHHHH….
CD- ” Um. Can I just read what it says on the event permit?”
BC- FINALLY!….
VM- ” We know.”
BC- Beg to differ!…
CD- ” Then what’s your problem the dead horse is just either this commission waives it or this commission doesn’t waive it and that’s what it says in the permit!”
VM- ” You do not accept the friendly amendment?”…(No microphone)…
CD- ” No, I’m saying it’s black and white here it says the commission is the power that waives it.”
VM- ” We have a motion on the floor to waive the, repeat your motion.” …(no microphone…hits the gavel)…
CD- ” My motion is that we waive the fees for this particular event.”
VM- ” Are you talking about this event or any event?”
CD- ” That’s my first motion, is this event.”
VM- ” Is there a seconded to that motion? Seconded by the Mayor, any additional discussion? I call for the vote.”
Nikki Smith- The motion fails 3-2 …..LAUGHTER FROM THE HALL!…
BC- after all this time it went down the toilet because the “Gang” could not or would not comprehend what the “waiving” of the fees pertained to…they chose to follow the Town Manager …disregarding her own addition to event permits and her own procedure put in place to take it out!…YIKES!….
This one isn’t over….UGHHH….more to come….
