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HomeMy WebLinkAbout2001 10 08 Regular F Open Alcoholic Beverage Container Issue COMMISSION AGENDA ITEM F Consent Informational Public Hearing Regular X October 8, 2001 Regular Meeting MYrI Authorization Dept. REQUEST: City Manager requests the Commission readdress the Open Alcoholic Beverage Container issue as requested by the City Commission. PURPOSE: During previous City Commission Meetings over the past few months, Commissioner Edward Martinez, Jr. has asked that the Open Alcoholic Beverage Container issue be reconsidered. CONSIDERATIONS: · Ordinance 2001-38 which dealt with the Open Alcoholic Beverage Container Law was discussed at the June 25, 2001 Regular Meeting of the City Commission. The First Reading of Ordinance 2001-38 was not approved. . Commissioner Edward Martinez, Jr. has asked that this issue be brought back to the Commission for consideration at this Meeting. CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2001 REGULAR AGENDA ITEM "F" PAGE20F2 RECOMMENDATIONS: The City Commission is asked to direct Staff as to whether an Ordinance should be presented, and if SO, then what considerations and criteria should be included if an Ordinance is to be presented; and overall, how should Staff proceed with this Issue. ATTACHMENT: A. An excerpt from the June 25,2001 Regular City Commission Meeting Minutes. COMMISSION ACTION: ATTACHMENT "A" .-.i. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2001 PAGE 9 OF 30 it like it is and I will assign it to the Building Official who will take an application and he'll spend two (2) seconds with me and we'll make a decision." Manager McLemore added that in fact, "We'll work that out, unless there is a problem, he doesn't even have to consult me." VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS B. City Manager And City Attorney Request The City Commission Considers Removing June 11, 2001, Public Hearing Agenda Item C, Which Deals With Proposed Legislation That Would Regulate Open Alcoholic Beverage Containers, From The Table For Final Disposition. Introductory discussion. "I'D LIKE TO MAKE A MOTION TO REMOVE ORDINANCE 2001-38 FROM THE TABLE." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. "MAYOR, I'D LIKE TO MAKE A MOTION TO READ ORDINANCE 2001-38 BY 'TITLE' ONLY." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: NAY DEPUTY MAYOR McLEOD: AYE MOTION DID NOT CARRY. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2001 PAGE 10 OF 30 Discussion ensued on Commissioner Gennell's concerns with this Ordinance and the vote that was just taken. Commissioner Gennell stated, "That was why I had my light on a couple of minutes ago. I would have preferred that after the Motion to take it off the table, that we had some discussion period on it, before it went into the first reading, because that forced me to vote 'No' in order to get the discussion going, do you see what I am saying." Commissioner Blake stated, "What I might suggest is, if the Commissioner might consider reconsidering her vote, giving us the opportunity to discuss it, I would second her Motion to read the Ordinance in its entirety, after discussion if she feels that the discussion was not in such a fashion that amply pointed out all of the issues that she has." COMMISSIONER GENNELL STATED, "ALL RIGHT, WE CAN RE-DO THIS. I THINK I HAVE SUFFICIENTLY GOT EVERYBODY'S ATTENTION. I WILL RECONSIDER MY VOTE. I'LL VOTE 'AYE.'" VOTE: (BASED ON COMMISSIONER GENNELL'S LAST COMMENTS) COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Tape 2/Side A Commissioner Genn.ell questioned the wording ". ..And the morals." Discussion ensued on the Ordinance. Police Chief Daniel J. Kerr addressed the Commission about this Ordinance. Commissioner Miller stated, regarding "Commissioner Gennell's comment about 'morals' - I think we out to consider striking that." Commissioner Blake added, "I do also agree with the question on the use of the term 'morals.'" Commissioner Blake then said, "I would support striking - two (2) places in here where it was utilized - but if there are more then I would also agree." Commissioner Blake said that "The issue of the highway definition of what's public, what's private. I believe there are actually legal definitions for those places that are 'public places' though they may be 'private property' and that's what - I think we're - trying to get to." Commissioner Blake further said, "Perhaps, we could re-work the language here to be clearly pointed towards those areas and not towards somebody's front yard or something of that nature." .f.; CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2001 PAGE I I OF 30 Discussion ensued on definitions, special events, and permits. Commissioner Gennell further commented that, "On page seven (7), number one ill, second to the last line, these are exceptions also and - it's a phrase that's in number one ill and it's not in number two ill and I'm suggesting that if this Ordinance were to go through, then you would want to carry this last phrase from number one ill and repeat it in number two ill and that has to do with the exception being about refrigerators in mobile homes, etceteras, etceteras; about in the possession or readily accessible to the driver." Discussion. Attorney Garganese stated, "We could simply add that language, provided that no open container containing any alcoholic beverages in the possession or readily accessible to the driver to - subsection ill, right at the end." Commissioner Miller added, regarding the City authorizing drinking at City of Winter Springs functions, "It does allow for the general public to have their own little parties down there with the - prior permission of the City of Winter Springs. I think that's appropriate because that way it is being controlled and the law enforcement - if there is no permit, then they do have the ability to go in there." Mayor Partyka opened the "Public Input" portion of this Agenda Item. Mr. Mark Batchelor, 200 Torcaso Court, Winter Springs, Florida: felt that this Ordinance would prevent someone from walking in their community with a glass a wine, and said that he was opposed to a lot of the language in this Ordinance. The "Public Input" portion of this Agenda Item was closed. "I WILL MAKE A MOTION THAT WE MOVE ORDINANCE 2001-38, AS AMENDED, WHICH MEANS WE STRIKE THE LANGUAGE IN THE TWO (2) SPOTS WHERE IT SAYS 'MORALS,' I BELIEVE THAT IT THE ONLY ACTUAL TEXT CHANGE THAT WE MADE; AND THE SECOND THING IS, THAT ON THE PERMITS THAT WE INSTRUCT THE CITY OF WINTER SPRINGS ATTORNEY TO BRING US BACK LANGUAGE THAT WOULD INCLUDE THE CITY COMMISSION - THE IDEA BEING - THAT THE DECISION OF WHO GIVES A PERMIT, OR UNDER WHAT GUIDELINES GETS A PERMIT, IS ACTUALLY A POLICY DECISION OF THE COMMISSION, THAT THE MANAGER WOULD THEN CARRY OUT. - EXACTLY, THE LANGUAGE ON NUMBER TWO (2) EXCLUSION THAT ALSO, IT WOULD NOT BE IN THE REACH OF THE DRIVER, OR READILY ACCESSIBLE TO THE DRIVER, I BELIEVE WAS THE LANGUAGE. WITH THOSE MODIFICATIONS, TO BRING IT BACK TO A SECOND READING FOR CONTINUED DISCUSSION AND POTENTIAL ADOPTION." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. :.: CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2001 PAGE 12 OF 30 Deputy Mayor McLeod inquired, "Where did this Ordinance come from? Who brought this forward?" Chief Kerr stated, "The Police Department requested that an Ordinance be written to coincide with the county Ordinance and the other Ordinances of the cities around us that have a similar Ordinance." Discussion ensued on the potential enforcement of this Ordinance. Mayor Partyka agreed with Deputy Mayor McLeod and Commissioner Gennell, and said, "I agree with your intent of what you're trying to do, but I think what we need to do is clean this up a little bit to make the actual words agree to what you want to do." Commissioner Miller stated, "I agree incidentally with - what everyone else here has said, but I do not concur in one aspect of it, and that is that we are going to deal with this problem sooner or later, as the Chief of Police pointed out." VOTE: DEPUTY MAYOR McLEOD: NAY COMMISSIONER MILLER: AYE COMMISSIONER GENNELL: NAY COMMISSIONER BLAKE: NAY MOTION DID NOT CARRY. Attorney Garganese asked, "Would the City of Winter Springs Commission would like me to rework this Ordinance at this time and bring it back to you for further consideration or just let it die for the time being." Commissioner Blake commented, "I was going to ask that the Commission direct the Attorney to go back and revisit this issue." Commissioner Blake further said, "I would like the Attorney to go back and take a look at some of these areas, specifically concentrating on the discussion that we had this evening, the motor vehicle law I think is a key area and issues of disturbances in certain public places where - disturbances that exist if this is the element that our law enforcement need in order to take control of the situation. - There may be some other communities around us that have tackled some of these issues already." Mayor Partyka stated, "I guess what Commissioner Blake is saying, go back and see if we can come up with something that's kind of, makes a little bit more practical sense and satisfies Chief Kerr and some of the issues that we may have." Mayor Partyka asked if anyone agreed with these comments. Deputy Mayor McLeod stated, "I don't have a problem going back, re-Iooking at it, doing what it really, what the real need of intent would be, from the Police Department." Mayor Partyka asked, "Are you agreeing that we ought to look at it further?" Deputy Mayor McLeod responded, "I think you would look at it, but look at it from the practicality that - you're trying to design to help under certain circumstances and spell them out, if that's what you're after, so we know what it is." Tape 2/Side B