SPECIAL CITY COUNCIL MEETING MINUTES
COUNCIL CHAMBERS – CITY HALL
1000 CITY CENTER CIRCLE
MARCH 16, 2012
THE SPECIAL CITY COUNCIL MEETING of the City of Port Orange was called to order by Mayor Allen Green at 5:00 p.m.
Pledge of Allegiance
Roll Call: Present: Councilman Bob Ford
Councilman Donald Burnette
Councilman Dennis Kennedy
Vice Mayor Bob Pohlmann
Mayor Allen Green
Also Present: Kenneth W. Parker, City Manager
Margaret T. Roberts, City Attorney
Joyce Dombrowski, City Clerk’s Office
4. Special Events Permit- Permit #12-019 Whiskey River Saloon, LLC
City Manager, Ken Parker informed the attendees that prior to the Special Meeting the Respondent offered to surrender their special event permit for the remainder of Bike Week. This will require the band to move indoors and will not allow vendors to continue to conduct business on the property.
Dave Robinson, attorney for Whiskey River Saloon, LLC, reported there are vendors from out of town selling t-shirts and hot dogs on the property and asked if they could continue doing business until the next morning. Margaret Roberts, City Attorney, said the existing special events permit would need to be amended to require the band to move inside and allow the vendors to remain outside. Requiring a cash bond was discussed. Mr. Robinson said his proposal is to move the band inside and to allow the vendors to remain on scene until tomorrow morning. Ms. Roberts said in order for the vendors to remain operating until tomorrow morning the permit would need to be amended and the Council would need to decide if a cash bond is required. Mr. Parker explained that when the original special events permit application was brought before Council the bond was waived as a part of the motion approving the permit.
Councilman Kennedy asked if the vendors have a special license or a county license. Kerry Leuzinger, Chief Building Official, stated vendors are required to get their own permit with the City and only one vendor has a permit for the Whiskey River Saloon site. It is the food vendor. Vendors that are on the flea market site are allowed to operate during daylight hours. Mr. Leuzinger stated the only code violation he is aware of is noise.
Vice Mayor Pohlmann stated he has no problem with the other outdoor vendors continuing as long as the band is required to move indoors. Mayor Green said the permit is inclusive of the food vendor. Mr. Robinson stated requiring the posting of a bond will force the food vendor to leave.
Councilman Burnette said ensuring safety and security is the Council’s first and foremost concern. He also wants citizens to be able to have fun and make money during these special events. However, the site must remain in compliance and not disturb the neighborhood.
Councilman Ford stated he has observed violations regarding vendors for the past several weeks working at night on a regular basis at the Whiskey River site. He is concerned the noise violation will continue and feels a bond is necessary. Mr. Parker stated the Code Enforcement and Police Department has checked the area after hours and did not find any vendors in violation.
Mayor Green stated he is concerned about the excessive costs the City has incurred with the additional police presence and code enforcement monitoring that has been necessary. Whiskey River is one of the few businesses in the City with a special event permit that has been out of compliance. The questions before the Council are: (1) Do you want to shut the event down; and (2) Do you want to require a bond. Ms. Roberts explained the bond can be any amount the Council feels is reasonable to ensure compliance.
Mayor Green: Does anyone have a problem with allowing the food vendor to continue? Mr. Parker explained there are two types of vendors: Vendors operating on the flea market site have to close at dark. Vendors with special event permits, such as the food vendor, can operate after dark. However, Whiskey River must also have their own special event permit in order for the hot dog vendor to remain on their property.
Mayor: Do you want a bond posted or do you want to accept the surrendering of the permit? Councilman Ford feels a bond is necessary and he does not put a lot of trust into the fact that they will stay in compliance tonight. Councilman Burnette stated there are two violations already and feels a bond is necessary. Vice Mayor Pohlmann stated Council should keep this issue in mind for next year’s application but is not sure a bond is necessary if the City can monitor this issue and close the event down immediately for non-compliance. Ms. Roberts explained the purpose of the bond is to ensure the band moves indoors immediately and that the rest of the requirements are complied with until the permit is surrendered at noon tomorrow. Mr. Robinson said a special events permit is not required if the band moves inside and the only issue would be forcing the hot dog vendor to leave early. Councilman Kennedy stated he feels a bond is necessary.
Ms. Roberts stated each violation can have a penalty of up to $500 and using that as a median, a reasonable enforcement bond amount would be $1000. Mr. Robinson suggested giving Whiskey River two hours to either come up with a bond or move the band inside. The owner, seated in the audience, stated the band is already inside. Ms. Roberts stated either surrender the permit immediately or post a bond to amend the permit and allow the hot dog vendor to stay. Mayor Green suggested a $100 cash bond to allow the hot dog vendor to stay. Councilman Burnette said that is not enough as they already have two violations and numerous complaints. Ms. Roberts said the fine and the bond are two separate issues and fines are processed through the court system. Councilman Ford asked what the next step would be if Whiskey River were to violate tonight? Ms. Roberts said Mr. Parker has the power to revoke the permit without notice.
Mayor Green stated the discussion is over. The permit is to be surrendered and the hot dog vendor will have to close or a bond is to be paid. Council agreed.
Motion by Councilman Kennedy, seconded by Councilman Burnette, to accept the surrendering and cancellation of the permit. Motion carried by consensus of Council.
ADJOURNMENT - Meeting was adjourned at 5:19 p.m.
Mayor Allen Green
Kenneth W. Parker, City Manager