Special event permit requests are under scrutiny
For the second time this month, a special event permit request made by an official at Nervous Nellie’s Crazy Waterfront Eatery and brought to the attention of the Fort Myers Beach Town Council has received stringent conditions, forcing the event producers to hold the entertainment portion of its most recent benefit on its licensed premises only.
The second annual Firehouse Flameout BBQ to benefit the Lee County Fire Marshals Association was proposed to take place within a fenced-in designated area in the Town right-of-way known as the Town fountain area as well as on restaurant property on Saturday, April 12, from noon to 8 p.m. The permit requested amplified staged music in the fountain area as well as open containers within a proposed fenced-in area.
By a 3-2 Council vote, certain conditions were imposed to the range of the permit after opposing viewpoints were heard from public speakers, most of them in the neighborhood of the establishment. Conditions involved the allowance of non-amplified music only, limited hours for that music (noon to 6 p.m.; noon to 1 for set-up and sound check only) and code enforcement officers on site and paid for by the applicant to gauge the decibel level of the music.
Opposing factors have mainly centered on noise complaints from amplified music and the use of the designated area in the Town right-of-way. Town officials decided to act.
“There doesn’t seem to be a level of expectation from both residents and businesses,” said Beach Mayor Anita Cerceda, who made the motion. “I don’t want to give this business owner or any other an impression that I am not supportive of an event like this. I do think that there are some businesses that are situated in particular spots on this island that have to be extremely cognizant of their neighbors.”
On March 3, Council placed conditions on the fourth annual St. Patrock’s Day Festival, a proposed two-day event (Sunday, March 16 and Monday, March 17) that was considering eight hours of amplified music each day and open containers in the fountain area. The event was to serve as a benefit for the Lynx Foundation and the Community Emergency Response Team.
Council limited the permit’s range to one day (March 17) with hours from 1 to 6 p.m. (noon to 1 for set-up and sound check only) of non-amplified music and no open containers allowed in ROW. Conditions also included the hiring of Town code enforcement at the applicant’s expense.
After hearing of the restrictions, Nervous Nellie’s officials decided to hold the entire festival on its licensed premises only.
This time, Nervous Nellie’s is planning on utilizing the Town fountain area (which carries a rate charge of $71.24 per day and $60 per event for electricity) for the barbecue and the right to have open containers within a fenced-in perimeter. Manager Steve D’Angelis stated amplified music will be staged on the back deck of the restaurant for the event.
“We are looking forward to the opportunity to show Town officials that Nervous Nellie’s is trying to abide by their rulings and, at the same time, produced an event that is productive to the cause of the organization that we are benefitting,” D’Angelis said.
D’Angelis said Beach Fire Marshal Ron Martin and the chief of the fire marshal association originally came to Nervous Nellies looking for a place to have a fundraising event. Food service distributor Cheney Brothers is planning on bringing two smokers to the event.
During last Tuesday meeting’s public input, Nervous Nellie’s owner Rob DeGenerro stated he spoke to then-Mayor Larry Kiker 4-1/2 years ago to inform him of his intentions of having such benefit events with the proposed usage of the fountain area and also the idea of an old seaport along the dockage of the restaurant and nearby property. Two historic ships have already docked there with one establishing the Beach as its winter home.
“The rules have changed over and over and over again in the last 4 years,” he said. “We have not changed our events in four years.”
Before Council approved conditions, Councilman Alan Mandel tried to pass a motion allowing amplified music due to the presence of code enforcement as a regulatory force and an established ambient noise base level.
“If you let them have some amplification and we have the base level set, we’ll see how it works,” he said. “They (are not permitted to) go over the decibel level.”
However, that motion was shot down before Cereceda’s amended motion passed. Mandel and Vice Mayor Dan Andre dissented.
Cereceda wished DeGenerrro and neighboring residents would be involved in a future workshop about a proposed amended noise ordinance. Neither DeGenerrro (who stormed out during public comment) nor DeAngelis (who left shortly afterwards) were present at that time.
“That level of frustration shouldn’t exist,” said Cereceda. “Those events are an important part of our community character, but they have to be even for everybody.”
Council has set a work session this Friday (March 28) to schedule discussions on current agenda management issues, including noise ordinance and ROW fountain usage.
In the past, courts have invalided provisions of the Town’s current noise ordinance. Ambiguous language within it needs to be changed so that Lee County Sheriff’s Office would be willing to enforce issues pertaining to noise.
Former Councilman Tom Babcock expressed frustration that it has been six years since discussion about noise ordinance factors and still no resolution has come about.
“We’re a unique island with residential districts close to what is probably called an entertainment district. We need to deal with that,” he said. “The fact that we are small with a lot of diversity is our strength. It’s time to finally do something.”
The newly elected mayor agreed.
“It’s imperative that we create some political expectations for these businesses and their neighbors,” said Cereceda. “We need to resolve this once and for all.”