>> GOOD MORNING EVERYBODY AND WELCOME BACK AFTER HIATUS.
[Call to Order]
[00:00:04]
IT IS NOW 10:00 AM ON MONDAY, AUGUST 22ND, IF I RECALL THE CALENDAR CORRECTLY.WE ARE NOW GOING TO HAVE OUR CITY CLERK CALL THE ROLL, PLEASE.
>> THANK YOU, MAYOR. GOOD MORNING, MAYOR GOMEZ.
>> EXCELLENT. THANK YOU. COMMISSIONER BOLTON IS HERE ON TIME FOR HIM TO LEAD US IN THE PLEDGE OF ALLEGIANCE, PLEASE.
>> THANK YOU. WE WILL NOW TURN THIS AGENDA OVER TO
[1.a TO2500 - "Noise" Ordinance Presentation by John Herin Jr., City Attorney]
OUR CITY ATTORNEY FOR TO2500 NOISE ORDINANCE PRESENTATION.>> MADAM MAYOR, MEMBERS OF THE COMMISSION, STAFF, AT THE COUNCIL'S DIRECTION, AFTER FIRST READING OF THE ORDINANCE IN QUESTION MADE SOME CHANGES.
THERE WAS A REQUEST TO REDUCE THE DISTANCE SEPARATION, WHICH IS NOT PROPERLY REFLECTED AS OF YET IN THE DRAFT ORDINANCE THAT'S ON THE AGENDA.
WE WILL MAKE THAT CHANGE AND THAT'S WHAT WE WERE PRESENTED TO YOU ON WEDNESDAY WHEN IT COMES BACK TO YOU FOR SECOND READING.
OTHER THAN THAT AS WE DISCUSSED PREVIOUSLY, WE'VE LOOKED EXTENSIVELY AT OTHER REGULATIONS, WHAT WE HAVE AND AS WE PRESENTED AT FIRST READING THE ORDINANCE OF REALLY WHAT WE TRIED TO DO AND WHAT WE HAVE DONE IS TO PROVIDE FOR ENHANCED PENALTIES AND THE MECHANISM FOR STAFF TO ENFORCE THE REGULATION IN A MANNER THAT'S MORE EASY.
THAT ULTIMATELY LEADS TO A STIFFER IMPOSITION OF FINES AND POTENTIAL LEANS ON THE BACK-END BEFORE THE SPECIAL MAGISTRATE.
ULTIMATELY, WE ALSO PUT IN LANGUAGE THAT IN THE EVENT THAT STAFF SPENDS ANY EXTRA TIME OR MONEY THAT WE CAN IDENTIFY AS A PARTICULAR ITEM, THAT IT ALSO WOULD GIVE THE CITY THE AUTHORITY TO RECOUP THOSE COSTS THROUGH THE SPECIAL ASSESSMENT PROCESS THAT WE HAVE FOR ABATEMENT OF NUISANCES.
ANY QUESTIONS? I AS WELL AS STAFF ARE HERE TO ANSWER.
>> I'M NOT SEEING ANY, BUT I HAVE SOMETHING, OF COURSE.
THE CITY ATTORNEY HAS ALREADY ACKNOWLEDGED ONE OF THE ITEMS THAT I HAD CONCERNS WITH.
I SPOKE TO HIM OFFLINE ABOUT IT, THAT IT HAS NOT REFLECTED IN THE DEFINITION OF 9.8-87 OF DEALING WITH THE SETBACKS OR THE AMOUNT OF FEE.
MY CONCERNS ARE MORE BASED AT THIS POINT BECAUSE I THINK YOU'RE TAKING CARE OF WHERE THERE'S BEEN A GOOD COVERAGE OF THE SPECIAL EVENTS.
SITUATIONS WHEN PEOPLE ARE HAVING LARGE SPECIAL EVENTS.
HOWEVER, I DON'T THINK IT TAKES CARE OF THE REGULAR QUALITY OF LIFE ISSUES THAT SOME OF OUR RESIDENTS ARE HAVING WHEN PEOPLE ARE BLASTING MUSIC DURING THE MIDDLE OF THE DAY, OR IT'S NOT ENOUGH TO TAKE CARE OF THAT.
BECAUSE THERE'S CONCERN WHERE IT ALSO SAYS THE NOISE ORDINANCE IS BETWEEN 11:00 PM AND 7:00 AM.
IT LEAVES IT OPEN FOR PEOPLE TO THINK THAT IT'S OKAY TO BLAST MUSIC DURING THE MIDDLE OF THE DAY.
ALSO, WE HAVE PEOPLE WHO ARE BLASTING MUSIC.
IT SAYS, "ADJACENT LOT NEAREST TO THE SOURCE, OR A DISTANCE OF 25 FEET MORE FROM THE SOURCE." IT DOESN'T PERTAIN TO THE HOUSE THAT MIGHT BE BETWEEN THE HOUSE THAT'S ADJACENT TO AND THE 25 FEET.
FOR EXAMPLE, JUST USING US AS HOUSES.
MY HOUSE IS ONE BLARING MUSIC.
DEBRA'S ADJOINING OR ADJACENT, SHE CAN MAKE THE COMPLAINT.
MARLON IS NOT HAPPY HEARING ALL THE MUSIC YET.
HE'S NOT ADJACENT AND HE'S LESS THAN 25 FEET.
THIS ORDINANCE DOESN'T SEEM TO TAKE CARE OF WHAT MARLON'S PROPERTY OR COMMISSIONER BOLTON'S PROPERTY WOULD HAVE A PROBLEM WITH OR IF IT'S ACROSS THE STREET IS THE STREET REMOVE THE ADJACENCY BECAUSE IT'S NOT TOUCHING.
IF WE'RE USING THE WORD ADJACENT, WE'RE CREATING A LITTLE BIT OF AN ISSUE WITH THE ABILITY TO HAVE OUR CODE ENFORCEMENT, POLICE ENFORCEMENT, LAW ENFORCEMENT, WHATEVER WE'RE CALLING OUR ENFORCEMENT TEAM, BE ABLE TO ENFORCE THE PROBLEM AND RESOLVE IT.
>> WELL, CERTAINLY THE INTENT OF THE REGULATION AS IT'S CURRENTLY WRITTEN,
[00:05:03]
SUBSTITUTE THE REDUCTION IN THE DISTANCE SEPARATION IS SUPPOSED TO BE READING THE DISJUNCTIVE.IN OTHER WORDS, IT SHALL BE UNLAWFUL FOR ANY PERSON WHO MAINTAIN OR OPERATE IN ANY PLACE OR ANY PREMISES IN THE CITY, ANY RADIO OR OTHER MECHANICAL MUSICAL INSTRUMENT OR DEVICE OF ANY KIND WHEREBY THE SOUNDS, THEY'RE FROM OR CAST DIRECTLY UPON PUBLIC STREETS AND PLACES, THE ADJACENT, NEAREST TO THE SOURCE OR AT A DISTANCE TO 25 FEET.
IT'S EITHER YOU ARE ADJACENT OR YOU'RE WITHIN THAT 25 FEET AND THE DIRECTION THAT YOU'VE ALREADY GIVEN US IS TO REDUCE THAT.
IT WOULD BE ANYONE WHO MEETS EITHER ONE OF THOSE CRITERIA.
>> IT SAYS AT A DISTANCE OF, SO I UNDERSTAND WHAT THE INTENT IS.
MY CONCERN IS THE ACTUAL WRITING OF IT DOESN'T EXPRESS THE INTENT CLEARLY ENOUGH, WHICH WILL CAUSE ENFORCEMENT OF THIS ITEM TO BE AN ISSUE.
IF YOU WOULD JUST PLEASE GO BACK AND LOOK AT THAT AGAIN.
>> USING THE EXAMPLE I JUST GAVE.
BECAUSE I DON'T KNOW IF SOME PEOPLE ARE AWARE OF AND IT'S NOT JUST SOME OF THE BIG PARTY HOUSES.
WE'VE HAD ISSUES WHETHER IT'S BEEN IN FOUR COMMUNITIES, AT LEAST WHERE YOU CAN HEAR IT THROUGH PEOPLE'S HURRICANE WINDOWS.
THE THUMB, THUMB THUMPING, BASS OR WHATEVER IT IS AND PEOPLE ARE UPSET.
IF IT'S PERMEATING THROUGH SOMEBODY'S HOUSE.
IF LAW ENFORCEMENT SHOWS UP, SAY WE SHOW UP AT VICE MAYOR GELIN'S HOUSE, AND HE'S HEARING THE NOISE, BUT HE'S WITHIN LESS THAN 25 FEET.
HE TOO HAS NO ABILITY IF THE OFFICER COMES IN, CODE ENFORCEMENT OR WHATEVER OR LAW COMES IN AND THEY HEAR THE NOISE THERE, THEY SHOULD BE ABLE TO KNOW THAT THEY HAVE THE AUTHORITY TO GO ENFORCE.
THE OTHER ITEM THAT I FIND NEEDS TO BE CLARIFIED IS THE FIRST OFFENSE.
FIRST OCCURRENCE, SECOND OCCURRENCE.
DOES THAT INCLUDE SO I'M PARTY HOUSING IT UP OR I'M JUST BLASTING IT AWAY.
I'M HAVING A GREAT TIME LISTENING TO MY MUSIC AND THE COPS COME OR LAW ENFORCEMENT OR CODE ENFORCEMENT BECAUSE I KNOW WE'RE CHANGING THE DEFINITION COMES.
I TURNED IT DOWN. EVERYBODY LEAVES.
TEN MINUTES LATER, I'M PUMPING IT BACK UP.
IS THAT MY SECOND OCCURRENCE OR IS THAT SO MY FIRST OCCURRENCE?
>> THE FIRST OCCURRENCE WOULD OCCUR WHEN THE FIRST NOTICE OF VIOLATION IS ISSUED.
AS A GENERAL RULE UNDER THE CODE ENFORCEMENT PROCESS AS ESTABLISHED BY BY STATE LAW, THERE IS AN OPPORTUNITY TO CURE THE VIOLATION.
WHAT WE'VE DONE IS WE'VE WRITTEN THE REGULATION IN SUCH A MANNER THAT AT THE DISCRETION OF THE RESPONDING OFFICER, WHETHER IT BE LAW ENFORCEMENT, CODE ENFORCEMENT, OR SOME OTHER MECHANISM THAT WE HAVE, IT'S WITHIN THE DISCRETION OF THAT RESPONDING OFFICER TO EITHER IMMEDIATELY TURN DOWN, IF YOU DON'T, WE'RE GOING TO ISSUE A NOTICE OF VIOLATION OR IF THE REGULATIONS READ AND THE STATUTE READS IS IF IT'S AN IRREVERSIBLE VIOLATION, THE NOISE IS ALREADY THERE.
THEN AT THE DISCRETION OF THE OFFICER, THEY COULD ISSUE AN IMMEDIATE NOTICE VIOLATION.
IT'S WHAT TRIGGERS UNDER THE STATUTE AND OUR CODE ENFORCEMENT REGULATIONS.
IS THE ACTUAL ISSUANCE A NOTICE OF VIOLATION? YES. YOU CAN BE ISSUED MORE THAN ONE NOTICE OF VIOLATION IN ONE DAY IF YOU CONTINUE TO VIOLATE THE CODE.
THE SECOND ISSUANCE AND ANY SUBSEQUENT ISSUANCE OF NOTICE VIOLATION WOULD BE CONSIDERED TO BE A REPEAT VIOLATION OF THE STATUTE.
>> I WOULD APPRECIATE THAT'S CLARIFIED A LITTLE BIT MORE DETAIL INTO OUR DEFINITIONS OR OUR ROLLING BECAUSE IT DOESN'T SEEM TO SHOW IT THAT WAY FOR ME.
>> WE WILL, BUT PART OF THE EDUCATIONAL PROCESS HERE, NOT ONLY FOR US TO THE COMMISSION AND VICE VERSA, BUT TO THE PUBLIC, IS THAT THERE ARE MULTIPLE SECTIONS OF THE CODE THAT COME INTO PLAY HERE, INCLUDING THE CODE ENFORCEMENT SECTION OF THE CODE THAT DOES LAY OUT THAT FOUNDATION, BUT WE WILL WORK TOWARD MAKING IT CLEAR THAT A SECOND VIOLATION IS OR A VIOLATION OCCURS ON THE ISSUANCE OF NOV, NOTICE OF VIOLATION.
>> THANK YOU. THEN I'M NOT SURE I BELIEVE IS IT THIS ONE WHERE IN THIS PARTICULAR ONE IS THAT THE NEXT TOPIC THAT IT HAS WHO GETS NOTICE OF THE VIOLATIONS, MAKING SURE THAT THE HOMEOWNER NOT ONLY THE TENANTS.
>> [OVERLAPPING] THERE'S WAY OF MAKING SURE THAT EVERYONE IS RECEIVING NOTICE.
THAT IS A REQUIREMENT OF THE CODE IS THAT AT THE END OF THE DAY,
[00:10:05]
IF THE OCCUPANT OF THE STRUCTURE WHERE THE ACTIVITIES ARE TAKING AS A TENANT, THE OWNER IS EQUALLY RESPONSIBLE AND A NOTICE OF VIOLATION IN THE NOTICE OF HEARINGS THAT ARE GENERATED ARE BOOKED TO THE OWNER AS WELL.THEY WILL EVENTUALLY GET THE NOTICE OF VIOLATION, AS WELL AS THE NOTICE OF HEARING TO APPEAR BEFORE THE SPECIAL MAGISTRATE.
>> ONE LAST REQUEST FOR SUGGESTION WOULD BE THAT WHERE IT SAYS LAW ENFORCEMENT, CODE ENFORCEMENT, OR PERSON WHO IS IN CHARGE OF THIS, MAKE IT A LITTLE BIT MORE BROAD OR WHOMEVER THE CITY MANAGER SHALL DICTATE OR DETERMINE.
WE DON'T HAVE TO COME BACK AND REMIND THIS ORDINANCE JUST FOR THAT.
>> AGAIN, THE CODE ENFORCEMENT STATUE, AS WELL AS THE CODE ENFORCEMENT CODE PROVISIONS, IT'S THE CITY MANAGER WHO DICTATES WHO QUALIFIES AS CODE ENFORCEMENT OFFICER.
>> [OVERLAPPING] BUT WHAT IF IT'S NOT A CODE ENFORCEMENT OFFICER? WHAT IF WE JUST GET A SEPARATE NOISE ORDINANCE AND WE JUST HAVE SOME OTHERS?
>> THE ONLY PEOPLE WHO ARE AUTHORIZED TO ENFORCE OUR CODE, ARE EITHER A CODE ENFORCEMENT OFFICERS OR LAW ENFORCEMENT OFFICERS.
>> THANK YOU VERY MUCH. COMMISSIONER PLACKO.
>> THANK YOU. TELL ME WHERE IN THIS SCENARIO WOULD A SITUATION THAT WE HAVE MUSIC BLARING ACROSS THE GOLF COURSE.
YOU HAVE NO IDEA WHERE IT'S COMING FROM, BUT YOU'RE HEARING IT.
HOW IS THE SITUATION LIKE THAT ADDRESSED?
>> I CAN ONLY SPECULATE, BUT I WOULD THINK OR I WOULD WANT TO BELIEVE THAT WHETHER IT'S CODE ENFORCEMENT OR A LAW ENFORCEMENT OFFICER WHO ARE RESPONDING TO THE COMPLAINT ARE TAKING THE STEPS OF WALKING THE AREA TO IDENTIFY WHERE THE NOISE IS COMING FROM, TO IDENTIFY THAT.
ON A CASE-BY-CASE BASIS IN YOUR SCENARIO, THAT MAY MEAN THAT WALKING THE BACKSIDE OF THE PROPERTIES ON THE GOLF COURSE TO IDENTIFY WHERE IT'S COMING FROM.
>> YEAH. I HAVE BEEN OUT ON A GOLF COURSE PLAYING GOLF AND IT'S VERY CLEAR THAT A PARTY HAS BEEN GOING ON OR IS GOING ON AT ONE OF THE HOUSES ADJACENT TO THE GOLF COURSE.
SO I UNDERSTAND THAT TYPE OF SITUATION.
ONE WOULD HOPE THAT THE SOUND IS STRONG ENOUGH IF [OVERLAPPING] THEY WOULD EVENTUALLY BE ABLE TO IDENTIFY THE PARTICULAR HOME WHERE THE NOISE IS COMING FROM.
>> OKAY. THANKS VERY MUCH. THANK YOU.
SEEING NO OTHER REQUESTS FOR COMMENTS, WE WILL NOW MOVE ON TO 1B 202512,
[1.b TO2512 - Special Events Ordinance Presentation by John Herin Jr., City Attorney]
SPECIAL EVENTS ORDINANCE AND CITY ATTORNEY,.>> AMIRA, JUST IN THE SAME VEIN AS WE JUST DISCUSSED, WHAT WE AS STAFF HAVE DONE IS TO TAKE THE EXISTING SPECIAL EVENTS REGULATIONS, AUGMENTED THE DEFINITIONS TO BE A BIT BROADER TO WHAT WOULD CLASSIFY AS AN ACTIVITY THAT FALLS WITHIN THE DEFINITION OF A SPECIAL EVENT OR TEMPORARY USE.
THOSE ARE ACTUALLY AT THE END OF THE ORDINANCE BECAUSE OF THE WAY THAT THE CODE IS SET OUT IN THAT REGARD.
WE'VE ALSO PUT IN LANGUAGE THAT AGAIN TRACKS IN MANY RESPECTS, THE NOISE ORDINANCE AS TO WHO HAS THE ABILITY TO GO OUT THERE AND TO TAKE ENFORCEMENT ACTION.
THEN IN THE EVENT THAT STAFF HAS TO OR CAN READILY IDENTIFY THAT THERE ARE ANY SPECIFIC COSTS ASSOCIATED WITH ABATING A VIOLATION OF THIS SECTION OF THE CODE THAT WE WOULD THEN BE ABLE TO PROCEED AND ASSESS THAT PARTICULAR PIECE OF PROPERTY AND THROUGH THE NUISANCE ABATEMENT PROCESS.
I THINK SIGNIFICANTLY ENHANCING THE PENALTIES AND ALSO GIVING THE AUTHORITY THAT'S SETTING FORTH IN THE ORDINANCE.
THE AUTHORITY UNDER STATE LAW THAT THE CITY'S FIRE MARSHAL OR FIRE PERSONNEL WOULD HAVE THE ABILITY ON A CASE-BY-CASE BASIS TO DETERMINE THAT IF THE SPECIAL EVENT OR TEMPORARY EVENT THAT'S TAKING PLACE POSES A FIRE SAFETY HAZARD DUE TO THE AMOUNT OF PEOPLE AND THE PARTICULAR STRUCTURE, THE CIRCUMSTANCES, WHAT THEY MAY HAVE DURING THE SPECIAL EVENT, ETC, TO BE ABLE TO SHUT THAT ACTIVITY DOWN THROUGH THEIR ENFORCEMENT POWERS AS THE FIRE MARSHAL.
[00:15:05]
PUT IN THE REGULATIONS AND WE EXPANDED THAT IF THEY'RE GOING TO BE ANY SALE OF ALCOHOL, THAT ANY SPECIAL EVENT OR TEMPORARY EVENT THAT IS GOING TO DO SO MUST COME FOR THE CITY COMMISSION FOR APPROVAL IN ADVANCE FOR THAT ACTIVITY TO BE APPROVED.OBVIOUSLY, IT GOES WITHOUT SAYING THAT IF SOMEONE IS ENGAGING IN THIS ACTIVITY, WITHOUT HAVING SECURED THE NECESSARY PERMIT PRIOR IN TIME, THEN OBVIOUSLY THAT'S AN ENFORCEABLE EVENT EITHER THROUGH LAW ENFORCEMENT OFFICER ON SITE, CODE ENFORCEMENT OR AS WE'VE AUGMENTED THE AUTHORITY HERE, THE FOREIGN MARSHALL,.
>> I HAD A QUESTION. WHAT ABOUT THE FIREWORKS THAT GO OFF A DAY OR A WEEK BEFORE, A DAY OR A WEEK AFTER.
WHAT ARE WE DOING ABOUT THAT? BECAUSE WE GET A LOT OF COMPLAINTS WHEN IT COMES TO THAT OR JUST HOLIDAYS IN GENERAL, PEOPLE ARE PARTYING LIKE DAYS BEFORE AND DAYS AFTER.
>> I'M NOT SO SURE THAT THAT WOULD QUALIFY UNDER THE CODE AS A SPECIAL EVENT, BUT CERTAINLY COULD QUALIFY AS A VIOLATION OF THE NOISE ORDINANCE.
SOMEONE SHOOTING OFF FIREWORKS AFTER THE PRESCRIBED TIME, AND CERTAINLY WOULD BE ENFORCEABLE IN THE NORMAL COURSE AS WE EXPLAINED BEFORE.
OBVIOUSLY, IF THERE IS AN EVENT THAT IS LARGE ENOUGH TO QUALIFY AS A SPECIAL EVENT, WHERE THERE ARE ALSO SHOOTING OFF FIREWORKS THEN CONCEIVABLY COULD BE ENFORCEABLE THROUGH THE SPECIAL EVENT REGULATIONS AS WELL.
IN OF ITSELF WE CAN LOOK INTO LIMITING OR PROHIBITING THE SHOOTING OF FIREWORKS BEYOND CERTAIN DAYS.
I WILL SAY THAT MY RECOLLECTION IS THAT I NEED TO CHECK THIS TO MAKE SURE THE SPECIFIC LANGUAGE.
BUT AGAIN, THIS IS AN AREA WHERE THE FLORIDA LEGISLATURE PREEMPTED LOCAL GOVERNMENTS AND MADE IT MUCH MORE DIFFICULT FOR LOCAL GOVERNMENTS TO REGULATE AND PROHIBIT THE USE OF FIREWORKS BEYOND SPECIFIED DATES.
BUT WE WILL LOOK INTO THAT IF THAT'S THE DIRECTION OF THIS COMMISSION.
>> I WOULD APPRECIATE THAT BECAUSE IT HAS BEEN THE DIRECTION OF THIS COMMISSION FOR AWHILE NOW TO LOOK INTO A FIREWORKS ORDINANCE.
THAT IS SO IN LINE WITH WE UNDERSTAND THAT THE STATE HAS ONLY GIVEN US FOUR DAYS THAT IT'S ALLOWABLE, IT USED TO BE JUST ONE.
IT IS TAKEN ADVANTAGE OF BY MANY.
I THINK IT'S A REALLY GOOD SUGGESTION TO PUT IT INTO OUR NOISE ORDINANCE BECAUSE FIREWORKS ARE THE ULTIMATE NOISE AND AS BEAUTIFUL AS THEY MAY BE, THEY ARE VERY DISTRESSING TO MANY.
IF YOU CAN INCORPORATE THAT INTO THE NOISE ORDINANCE, THAT'D BE GREAT.
ALSO, IF YOU CAN INCORPORATE IT INTO THE NUISANCE PARTY EVENT PART, THAT'D BE GREAT TOO.
SEEING THAT NOBODY ELSE HAD ANY QUESTIONS OR COMMENTS, GOING THROUGH THE ORDINANCE, I WAS CURIOUS IT'S A LITTLE TOO HD OR 2D.
IT SAYS, "NO APPLICANT SHALL BE ISSUED MORE THAN 10 PERMITS.
FOR THE PURPOSE OF THIS SUBSECTION, APPLICANT SHALL BE DEEMED THE SAME OF ANY ONE PRINCIPLE IN THE LEGAL ENTITY UNDER WHICH THE APPLICANT IS OPERATING IS IDENTICAL REGARDLESS OF STRUCTURE OVER THE LEGAL ENTITY." IS THAT PER MONTH, PER YEAR, PER WEEK, FOREVER PER ADDRESS, PER APPLICANT? SO IF WE CAN GET CLARIFICATION ON THAT.
[OVERLAPPING] IT'S ON PAGE 8 OF THE PAPERWORK, PAGE 7 OF THE TEMPORARY ORDINANCE DRAFT.
>> THEN GOING ON TO J ON THE NEXT PAGE WHERE ANY VIOLATION OF THESE SPECIAL EVENTS REGULATIONS DA, DA, DA, DA, DA.
THAT MEANS THAT THE NOISE ORDINANCES FOR AFFECTING PEOPLE'S PRIVACY, THE REGULAR OR NOISE ORDINANCES DOESN'T COME INTO PLAY FOR ABATING.
[00:20:02]
HOWEVER, IT SAYS HERE THE AFFECTED PERSON OR CITIZEN MAY BRING SOON HIS NAME OR THE CITY NAME.WHAT HAPPENS TO THE PERSON WHO IS HAVING TO DEAL WITH THE NEIGHBOR WHO HAS HIS MUSIC OR HER MUSIC BLASTING THREE DAYS IN A ROW, FOUR DAYS IN A ROW, FIVE DAYS IN A ROW.
DO THEY NOT HAVE ANY RECOURSE THAT THE CITY CAN ASSIST THEM WITH?
>> IN THE CONTEXT OF, STILL WOULD ALWAYS BE ABLE TO ENFORCE THE NOISE REGULATION PROVISIONS AGAINST ANY NOISE EVENT IRRESPECTIVE OF WHETHER IT'S ASSOCIATED WITH A SPECIAL EVENT OR NOT.
>> I'M PRESUMING THAT READING THROUGH THIS, IT MEANS IF MY NOISE IS GOING ON SO LONG, I GET TO $15,000 FINE.
THEY DO IT AGAIN AND AGAIN, ANOTHER 15,000 FINE.
MY OWNER IS SOMEWHERE ELSE, I'M THE TENANT AND I'M ROCKING IT UP AND NOT CARING.
WHERE IS THE ABILITY FOR THE CITY TO MOVE FORWARD WITH A MATTER AGAINST THIS HOMEOWNER OR THE TENANT OR THE PERSON BEING AFFECTED WHO IS CALLING IN THE NOISE COMPLAINT, WHO'S CONSTANTLY BEING AFFECTED BY THE NOISE THAT'S GOING ON THREE AND FOUR DAYS TIMES A WEEK?
>> I DON'T READ THIS PARAGRAPH THE WAY IT'S WRITTEN, GIVING THAT SAME ABILITY UNLESS IT'S PART OF A SPECIAL EVENT?
>> BECAUSE IT SAYS VERY SPECIFICALLY, ANY VIOLATION OF THESE SPECIAL EVENT REGULATIONS AFFORDS THEM THIS ISSUE.
THE SAME THING ON THE NEXT PAGE, ON PAGE 10 FOR V. ANY PERSON FOUND VIOLATING THESE SPECIAL EVENT REGULATIONS.
SO I'M JUST WANTING TO MAKE SURE THAT WE HAVE ENOUGH TEETH IN THIS THAT IS NOT PEOPLE JUST VIOLATING SPECIAL EVENT REGULATIONS THAT HAVE THE ABILITY TO HAVE RECOURSE.
>> ON PAGE 12 OF THE ORDINANCE OF THE PACKET, THE LAST SUBSECTION J, IT DOES SAY, THE CITY, AND THEN IT GOES ON TO SAY, THE OFFICE OF THE CITY ATTORNEY MAY BRING SUIT ON BEHALF OF THE CITY OR ANY EFFECTED CITIZEN MAY BRING SUIT ON BEHALF OF THE CITY IN HIS OR HER NAME AGAINST THE PERSON.
THERE IS A RIGHT OF THE INDIVIDUAL PROPERTY OWNER TO BRING A CAUSE OF ACTION AGAINST THE VIOLATOR OF BOTH ORDINANCES FOR VIOLATING THE ORDINANCE IF THEY SO CHOOSE.
OTHERWISE, WE WOULD COME TO THIS COMMISSION FOR AUTHORIZATION FROM THIS COMMISSION TO BRING SUCH A SUIT.
>> THAT WAS THE PARAGRAPH I WAS TALKING ABOUT.
BUT J, ANY VIOLATION OF THESE SPECIAL EVENT REGULATIONS SHALL CONSTITUTE AND THE CITY MAY TAKE.
IT SEEMS TO REMOVE, IN MY OPINION, IF YOU JUST LOOK AT THE WORDING AGAIN, REMOVE THE ABILITY FOR JUSTICE, REGULAR NOISE ORDINANCE.
>> THE LANGUAGE IS ALSO IN THE NOISE ORDINANCE, MADAM MAYOR.
ALSO POSSIBLY SHOULD HAVE THESE RULES AND REGULATIONS IN THE DEFINITION SECTIONS IF IT'S NOT ALREADY THERE.
FOR H IN THAT SAME PAGE ON PAGE 11, ANY APPLICANT APPLYING FOR LOCAL BUSINESS TAX RECEIVE FOR SPECIAL EVENT IN THE CITY HALL, JUST CURIOUS IF WE WANTED TO MAKE IT OR WHEREVER CITY HALL DESIGNATES IN CASE THERE'S FOR SOME REASON THAT THAT OFFICE IS NO LONGER IN CITY HALL.
WE DON'T HAVE TO REDO THE SIGN THIS ORDINANCE.
BOND COLLATERAL. I WOULD ALSO PUT IN H2 A BOND COLLATERAL AGREEMENT.
I KNOW THIS IS TROUBLING YOU BUT THIS IS WORKSHOP AND I'M GOING TO DISCUSS IT.
>> YOU CAN HAVE A ONE-ON-ONE MEETING WITH THE CITY ATTORNEY AND HANDLE THIS BEHIND THE SCENES..
>> VICE MAYOR GALLON, THIS IS A WORKSHOP.
IT ALSO SAYS REMOVAL OF ALL DEBRIS, RUBBISH, PORTABLE RESTROOMS, FACILITIES, AND EQUIPMENT AFTER USE BY THE APPLICANT.
WE SHOULD POSSIBLY BE PUTTING IN SIGNAGE IN THERE.
SIGNAGE IS NOT LEFT AROUND BECAUSE SOMETIMES PEOPLE FORGET THAT THEY PLAY SIGNS FOR THEIR SPECIAL EVENTS.
THE SAME FOR SPECIAL EVENT NUMBER 4 ON PAGE 10, 4E.
OBVIOUSLY, WE'VE CHANGED MY LICENSING DEPARTMENT TO
[00:25:01]
BUSINESS TAX RECEIPT DIVISION WHEREVER IT SHALL BE DESIGNATED BY THE CITY MANAGER IN CASE THERE'S A CHANGE BECAUSE QUITE HONESTLY IT'S HARD ENOUGH FOR US TO GET CERTAIN THINGS DONE, WE MIGHT AS WELL JUST GET IT DONE AND HAVE IT ALL TAKEN CARE OF.SEEING NO ONE ELSE HAS ANYTHING FURTHER ON THIS ITEM WE WILL THEN GO TO OUR 1C,
[1.c Referendum Questions Update Presentation by John Herin Jr., City Attorney]
REFERENDUM QUESTIONS, UPDATE PRESENTATION BY THE CITY ATTORNEY.>> THANK YOU MADAM MAYOR. WHEN THE MAJORITY CITY COMMISSION APPROVED THE ADOPTION OF THE PROPOSED ORDINANCE OR THE ORDINANCE TO CONTINUE TO PROPOSE CHARTER AMENDMENTS THERE WAS A DISCUSSION AS TO THE LIMITS ON WHAT THE COMMISSION AND THE CITY IN GENERAL COULD OR COULDN'T DO WITH RESPECT TO EDUCATION VERSUS ADVOCACY.
WE PUT FORTH A MORE DETAILED MEMORANDUM TO ASSIST THE CITY COMMISSION AND STAFF TO MAKE SURE THAT WE'RE COMPLIANT WITH THE PROVISIONS OF STATE LAW.
AGAIN, WHERE THE FLORIDA LEGISLATURE HAS PREEMPTED SIGNIFICANTLY THE ABILITY OF LOCAL MUNICIPALITIES TO, DEPENDING UPON YOUR PERSPECTIVE BUT AS THEY USE IT, ADVOCATE FOR CERTAIN REFERENDUM ITEMS VERSUS PURELY EDUCATIONAL ACTIVITIES.
BASICALLY, WHAT IT BOILS DOWN TO, IN MY OPINION, IS, AGAIN, PUTTING FORTH THE ACTUAL CHARTER LANGUAGE IS A PERMISSIBLE ACTIVITY.
DOING SO IN CONJUNCTION WITH WORDS SUCH AS VOTE FOR YOUR SUPPORT, CAST YOUR BALLOT FOR I OPPOSE, WE SUPPORT, THOSE TYPES OF ADJECTIVES, ARE WHAT ARE PROHIBITED BY THE STATUTE.
UNDER THE CURRENT VERSION OF THE STATUTE, ANY CITY EMPLOYEE OR CITY OFFICIAL OR THE USE OF ANY CITY FUNDS TO ADVOCATE IS PROHIBITED. ANY QUESTIONS?
>> PRIMARILY JUST WANTING TO MAKE SURE THAT IF WE'RE AT A MEETING WITH PEOPLE AND THEY'RE ASKING US QUESTIONS WE CAN GIVE THEM THE GENERAL.
WE CAN SAY WE SUPPORT IT, WE CAN SAY WE DON'T SUPPORT IT.
BUT WE CAN TELL THEM THAT THEY CAN FEEL FREE TO LISTEN TO ANY OF THE MEETINGS IF THEY WANT TO KNOW ANY POSITIONS ON IT.
>> IF SUCH MEETINGS ARE TAKING PLACE AT CITY FACILITIES OR IN YOUR CAPACITY OR ATTENDING IN YOUR OFFICIAL CAPACITY AS A MEMBER OF THIS COMMISSION I WOULD RECOMMEND OR URGE YOU TO REFRAIN FROM HAVING ANY DISCUSSIONS, THE MERITS OR YOUR BELIEFS.
THIS AGAIN, I SUPPORT, I DON'T SUPPORT, VOTE FOR, DON'T VOTE FOR, THE LANGUAGE THAT'S MENTIONED HERE IN OUR MEMO.
YOU CERTAINLY HAVE THE ABILITY AS A NON-CITY EVENTS, NON-CITY SPONSORED, NON-CITY PAID TYPE OF ACTIVITIES TO EXPAND UPON PARTICULAR POSITION THAT YOU MAY HAVE BUT NOT IN THE CONTEXT OF ANYTHING THAT IS CITY SPONSORED OR PAID FOR OR IN OTHERWISE ASSOCIATED WITH THE CITY.
>> WE'RE ALLOWED TO GIVE OUT THE PAPERWORK THAT WAS PROVIDED TO US.
IT'S AN INSERT IN OUR TIME OF GRAHAM?
>> THIS WAY PEOPLE CAN AT LEAST HAVE A STARTING POINT TO READ WHAT IS BEING PUSHED.
>> THAT'S ABOUT THE EXTENT OF WHAT WE CAN DO AS A CITY, IS JUST TO PROVIDE THAT INFORMATION AND TO INFORM THE ELECTORATE THAT IT WILL BE ON THE AGENDA ON THE BALLOT FOR THEM TO VOTE ON IN NOVEMBER
>> ANY ONE OF US CAN USE OUR OWN FUNDS ELSEWHERE, NOT CITY FUNDS AND PRINTS UP WHATEVER ADDITIONAL FLYERS WE WANT TO MAKE SURE PEOPLE ARE AWARE THAT THERE'S SOMETHING THAT THEY NEED TO READ?
>> ALL RIGHT. COMMISSIONER VILLALOBOS.
>> JUST HAD A QUESTION. LET'S SAY IN THE PAST I WAS IN FAVOR OF THE WATER BOTTLE BEING GREEN.
YOU'RE TELLING ME THAT NOW I CANNOT SAY HOW I MOVED TO DECIDE THAT I WANT THE WATER BOTTLE TO BE GREEN OR I CANNOT BE TALKING ABOUT IT?
>> THE POINT IS IF THE WATER BOTTLE SCENARIO IS THAT'S UP FOR A VOTE ON A REFERENDUM, NO, YOU CANNOT.
>> EVEN THOUGH I GAVE MY PREVIOUS POSITION ON IT ON A MEETING?
>> YOUR POSITION AS A MATTER OF RECORD.
YOU CAN REFER TO ANYONE TO LOOK AT THE VIDEO OF HOW YOU VOTED.
[00:30:07]
AGAIN, I WANT TO EMPHASIZE THAT THE LIMITATION THAT WE'RE TALKING ABOUT IS VERY NARROW AND SPECIFICALLY TO THE CONTEXT OF THE ITEMS THAT THE STATE LEGISLATURE IS IDENTIFIED.THOSE ARE VERY SPECIFIC IN THE STATUTE.
A PERSON ACTING ON BEHALF OF LOCAL GOVERNMENT MAY NOT EXPEND OR AUTHORIZE THE EXPENDITURE OF, AND A PERSONAL GROUP MAY NOT ACCEPT PUBLIC FUNDS FOR POLITICAL ADVERTISEMENT OR ANY OTHER COMMUNITY EDUCATION ESSENTIAL ACTORS CONCERNING THE ISSUE, AN ISSUE, REFERENDUM OR AMENDMENT.
IF IT'S A DISCUSSION AND POLITICAL ADVERTISEMENT RELATED TO AN AMENDMENT OR REFERENDUM OR THINGS OF THAT NATURE, THAT'S WHAT IS PROHIBITED.
>> THANK YOU VERY MUCH. IT IS CURRENTLY 10:31.
LADIES AND GENTLEMEN, ENJOY YOUR DAY.
WE WILL SEE YOU BACK HERE AT NINE O'CLOCK FOR A SPECIAL SET MEETING.
>> WE HAVE A SHADE MEETING THAT'S PUBLICLY OPEN AND THEN WE CLOSE IT IN.
THE PUBLIC IS NOT ALLOWED TO BE HERE, AND THEN WE WILL CLOSE IT AND THEN WE WILL START OUR 9:30 REGULAR COMMISSION MEETING THEN.
>> EVERYBODY WILL SEE YOU FOR THE PUBLIC HERE AT 9:30.
THE REST OF US WILL BE HERE AT 9:00. THANK YOU VERY MUCH. HAVE A GOOD DAY.
* This transcript was compiled from uncorrected Closed Captioning.