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108 <br /> <br /> Mr. Richard Diamond, owner of a business at 108 2nd Street, S.W., agreed with <br />Mr. Dupont that notice of the public hearing was inadequate. Mr. Diamond said there is <br />talk about boycotting the downtown mall because people are upset about this. He said <br />that the proposed noise levels are too low and will cut off people' s ability to express <br />themselves through music. Mr. Diamond said the ordinance is outrageous and an affront <br />and the study was flawed. Mr. Diamond said he hopes Council will reconsider the <br />matter. He said he agrees there should be a limit, but feels it should be set much higher. <br /> <br /> Mr. Larry Hammond, 1358 Brandlin Drive, said that he plays the bagpipes and is <br />concerned that the ordinance will criminalize this activity. Mr. Hammond said <br />Charlottesville is a world class city because of the richness of diversity, and there should <br />be more serious things for the police and courts to deal with. Mr. Hammond said he <br />thinks limits are needed, perhaps during reasonable hours and certain days. <br /> <br /> Mr. Chris Brumfield, 2508 Eastham Drive, also a bagpipe player, apologized to <br />rnerchants and residents, and said he does not intend to impede on their privacy. He said <br />they have had a great response to their playing and have received very few complaints. <br /> <br /> Mr. Joan Fentorg 3705 Country Lane and business owner on the downtown mall, <br />said she supports the ordinance. She said she would much prefer to just ask people to <br />turn the music down, but they have been unwilling to. Ms. Fenton said she has been <br />unable to conduct business with the level of music. Ms. Fenton said perhaps the distance <br />measured should be increased, and feels it needs to be done in a way that is fair. <br /> <br /> Mr. Weldon Jones, 109 Robertson Avenue, said the ordinance may create a <br />climate of fear and intolerance of street musicians. <br /> <br /> Ms. Jill Williams, 101 3~d St., S.E., said that her intention in supporting a noise <br />ordinance is not to restrict street music, but feels there needs to be a balance. She said <br />when she has asked musicians to turn the noise level down, their answer is always "there <br />is no noise ordinance." <br /> <br /> Mr. Dave Montieth, 51 Shady Lane, a bagpiper, said he has only received one <br />complaint. He said there are no volume controls on bagpipes. He said he only plays on <br />the mall on weekends. He asked that he be told where and when he can play, but asked <br />that he not be restricted outright. <br /> <br /> Mr. Oliver Kuttner, 108 2na Street, N.W., said people choose to live on the mall <br />knowing that it is an entertainment center and said he feels it is a mistake to try to <br />legislate everything. Mr. Kuttner said he would like to see common courtesy and <br />appealed to the musicians not to be so loud and not to stay in the same place all the time. <br /> <br /> A resident of 110 E. Main Street for ten years, said there have been numerous <br />occasions where people have not been courteous about noise levels, and noted that a <br />residential base is needed for the mall to thrive. He said it is important that merchants <br />and residents on the mall be respected. He said he thinks an ordinance is necessary and <br />encouraged Council to put something into place. <br /> <br /> Mr. Oliver Kuttner suggested that the City use brooms instead of leaf blowers on <br />the mall. <br /> <br />As there were no further speakers, the public hearing was closed. <br /> <br /> Mr. Caravati noted that this discussion has been going on for three years and he <br />would like to fmd a way for residents, merchants and musicians to co-exist. Mr. Caravati <br />said that numerous complaints about noise levels have been received and he thinks some <br />ground niles need to be set. Mr. Caravati asked Mr. Gouldman to respond to the <br />comment made about the legality of the notice. <br /> <br /> Mr. Gouldman said that the ordinance was available to the public the same time it <br />was available to Councilors and there is no publication requirement for the public <br /> <br /> <br />