Photo by ERIC STRACHAN // Buy this photo
People watch from one of the upstairs condominiums during the Jan. 19, 2013 Rockin' on the Bay featuring the Eagles tribute band, 'Alter Eagles.' Eric Strachan/Naples Daily News
Photo by ERIC STRACHAN // Buy this photo
Guitarist Greg Pitts of the Eagles tribute band, 'Alter Eagles,' rips a solo during the Jan. 19 Rockin' On The Bay at Bayfront in Naples. The popular free public concert series open to the public and held at Bayfront in Naples. The Bayfront Condo Association wants the Rockin' on the Bay concert series shut down. They had their attorney send a letter to the city and the event organizer saying they've violated their permit, playing too loudly, having more people than expected and setting up early and shutting down late. Eric Strachan/Naples Daily News
Photo by ERIC STRACHAN // Buy this photo
Crowds have been packing the Rockin' on the Bay concert series like this one on Jan. 19 at Bayfront in Naples. The evenings have been scheduled through March and feature a different tribute band every Saturday night from 5 p.m. to 9 p.m. All Saturday concerts are free and parking is available for $5. Eric Strachan/Naples Daily News
Residents of Bayfront have taken a stand against a weekly Saturday night concert series flooding the waterfront property with more than 2,000 attendees.
Their stance could affect how Naples City Council votes at its Wednesday meeting when organizers ask for additional concert dates.
An attorney on behalf of The Bayfront Condo of Naples Inc. sent a letter Thursday to Naples officials and organizers of Rockin' on the Bay, saying organizers violated their permit, causing "unreasonable burdens and safety issues for the Association members." The condo residents want the concerts to end, the letter states.
Attorney Gregory Marler, of the law office Becker & Polakoff, and the association's president, Gary Histed, declined to comment Friday.
According to the letter, the association had these complaints:
The event permit is for a gathering of 500 people. It has been estimated that more than 2,000 people have attended the first few concerts.
The permit doesn't provide for adequate parking.
Organizers are setting up on Fridays, a full day in advance of the permitted setup time of 2 p.m. Saturday.
Portable toilets brought in for the event were left out on a Monday morning when the permit states all cleanup must be done by noon Sunday.
Outside vendors have been present, which is not allowed in the permit.
Decibel levels have exceeded the permitted level.
The condo association, according to the letter, objects to tonight's concert, featuring a Billy Joel tribute band, because of those complaints and doesn't want the city to issue permits for any more concerts.
Mike Randall, of McQuaid Marketing, which puts on the event, said the complaint letter blindsided him.
"By all means, we don't want to make anyone upset," he said.
The event features live bands each Saturday along Bayfront's promenade.
The first two concerts took place under an events permit held by the property developer.
When McQuaid Marketing gained approval from the council for their own permit at a Jan. 16 meeting, it was on the condition it staff firefighter paramedics and police officers, fix parking problems in Bayfront and prevent jaywalking across Goodlette-Frank Road.
Rockin' on the Bay began charging $5 for off-site parking a few blocks away, shuttling passengers to the concert.
Their new permit was to be reviewed by the council before more events in the 13-week series could be permitted.
If organizers received another verified noise complaint, the events could be shut down.
"We are just completely caught off guard," Randall said in response to the association's letter. "We're just trying to get through Saturday and just take it from there."
Don Kirkwood, a resident of Bayfront and former president of the condo association, said noise is an ongoing issue in the "acoustical canyon" he calls home.
Kirkwood said residents of the mixed-use property sign agreements upon move-in acknowledging potential noise from commercial tenants of the buildings, but concerts on the promenade aren't part of the deal.
When Kirkwood came home from dinner to a recent Rockin' on the Bay concert, he could still hear the music playing outside through his closed storm doors with the TV on.
"I happen to be a man that likes everything from disco to the Eagles to Johnny Cash to Beethoven," Kirkwood said. "But the point is we want to select the music we want, not the music picked by 2,000 people trampling our property."
Noise from live music was a problem when Kirkwood was president a few years ago and residents bought their own sound meters to make a point.
Those with the meters measured Rockin' on the Bay concerts at 90 decibels, Kirkwood said.
Roger Jacobsen, head of code enforcement for Naples, said the city's noise ordinance limits events to 65 decibels before 10 p.m. and 60 decibels after 10 p.m.
City Manager Bill Moss said the event has not received a verified noise complaint to jeopardize the new permit.
Randall said McQuaid Marketing wants to put on a good event for all in the community, including Bayfront residents. He said organizers have tweaked aspects of the show each week to avoid complaints and he was surprised to receive Bayfront's letter.
"We kind of had the wind knocked out of us here," he said. "Our hearts have been in the right place."
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Comments » 76
greathornedlizard writes:
If I may borrow a tune sung by the people who support the racket created by incoming and outgoing jet planes and such-"noise existed before these people bought condos in their acoustical canyon!"
besides, those incoming jet planes come in right over their little canyon, I haven't seen the complaints about that..perhaps it's a class issue.
On the other hand, if the music were better perhaps it would be more acceptable, after all, the Eagles are bad enough, but a tribute band?
swfljim writes:
This goes on until the stroke of 9 P.M.? No wonder the residents of Bayfront are complaining. How do the people who attend these events burn the candle at both ends like that? When on earth do they get any sleep?
QueBonita writes:
Welcome to "Condo Commando" Naples.
Is anyone surprised?
If you want quiet: buy in the estates where the only sound is the pitbulls barking...and the occasional hog revving
John_Galt writes:
And you wonder why young people hate it in Naples...
Absolutely No Fun is allowed anywhere at anytime!
Max_Headroom writes:
Just move it across Goodlett to the park. Plenty of open space and parking.
Klaatu writes:
caveat emptor
beerbong writes:
It seems odd to me that a few small groups of people hold Collier and Lee county hostage. They always get things their way no matter what.
angrytxpyr writes:
Once again Ole Boss Moss himself gets an award for IDIOTIC public comment of the day with this rather lame one
City Manager Bill Moss said the event has not received a verified noise complaint to jeopardize the new permit.
Just what is a "verified noise compliant" Boss Moss?
Is that a special type of complaint of some sort?
Just how does one register a "verified noise complaint" Boss Moss?
Is this a new and improved type of complaint?
Are ya leaving it up to Attack Dog Rog or Tom(liar liar pants on fire)Weschler to verify that a complaint was made and the music might have been to loud? If you are Bill your just plain silly cause we all know they say what you tell them to.
Anyway: I'm all for loud concerts, tribute acts, imitators and a good time but the Bay Front residents have a binding agreement with the HOA and the City of Naples on the Gulf of Mexico.
A "verified noise complaint" yeh right Bill, I challenge you to prove you take "verified" and "Legally sufficient" complaints seriously and don't interfere in the investigation of the complaint. Step up and be a man Bill. Don't be afraid little boy Billy take my challenge. You know how to reach me and I would take your call.
beachykeen writes:
Why blame the condo people? These concerts weren't taking place when they bought in, so there's nothing for the emptor to caveat. The airplane argument makes no sense here; this has nothing to do with flight paths and they aren't complaining about that. However, it does seem like the concert backers have broken their promises regarding clean-up, crowds, etc. and I'd be ticked off, too.
Captian_Cataracts writes:
Geezers...sitting around wating to die reading Old Folks Magazine are the complainants.
WHY DON'T YOU GEEZERS JUST TURN OFF YOUR HEARING AIDS?!?
Kahunna writes:
It seems to me that if the concert promoters had kept their promises to clean up according to a schedule and kept the noise down there would not be a problem now.
The promoters have only themselves to blame for this.
Move this event up to Freedom park or out to Sugden Park
Beachglow writes:
If you want loud music, plug in your earphones and rock out in your own back yard, but I don't blame people who have invested a lot of money into their homes there for not wanting 2,000 strangers, who are probably drunk, wandering around their homes at night, having all that noise, and feeling uncomfortable in their living quarters.
This is one time I think the City needs to reconsider and pull the plug. The organizers will just have to create another venue, someplace far away from where people live and expect a nice evening and dinner at home with family.
Beachglow writes:
BETTER IDEA: move the concert to the Estates.
Beachglow writes:
Get a job, buy one of the condos at Bayfront, and then you can have a vote on it. Until then you are just a visitor aggravating those who live there and want you to wander around elsewhere, not on their home turf.
Beachglow writes:
Yes, and you will be one of them one day.
Beachglow writes:
When you buy one of the condos, you can have a say. Until then....
FYI: City Council, NOT City counsel.
Beachglow writes:
I agree with you.
Wrong venue for families who live there.
paleo777 writes:
yes, but moving the concert to another venue defeats the marketing purpose of "bringing" people in to Bayfront's merchants....
flaman writes:
Rog most likely wants the party to continue, it gives him another waterfront establisment to drink at while working. Now Tom Terrific never met a good story he could not figure out how to spin in the city's favor. And lastly the city managler must not have received his walking orders from JP III as yet.
How about moving the party to the airport? We could have a battle of the noise complaints?
There will be a lot of handwringing before council denies the permit.
jlweasel writes:
looks like we hit a nerve with "beachblow".
Its a commercial property stupid. They new that going in to the agreement. No wonder your husband left you.
Bramble writes:
It's hard enough to get your hands on a good sound meter. Then to calibrate it so it's reasonably accurate and then to take your readings. But when you have to get it "verified" that presents even more hurdles, because the "verifier" has to be a city employee who knocks off work at 5 p.m. The department doesn't want him out at night or else they have to pay him overtime. If the complaintant makes enough repeated requests, they will finally and grudgingly send out a verifier in his clearly marked government vehicle. In uniform, he will set up his equipment and is clearly visible to all, especially the people running the event. Concert organizers tell their sound engineers to keep the noise down until the "verifier" leaves. As soon as he does, they dial the sound back up.
It's a sad and protracted game to wear down, block and subdue people who only want to enjoy quiet use of their property, as they are entitled to and have paid dearly for.
They are not cranks. It's very understandable that Bayfront residents are annoyed at being unable to hear a conversation in their home or listen to their televisions because of the outside horns and drum beats thumping through their walls at night, not to mention the crowds and the problems they bring.
Just move the concert.
itmattershere writes:
This is why young people hate Naples. The Florida Blondes complain way to much. But even if the rich attend these gigs, It will be the rich that win this war.
double_d writes:
How about don't buy a condo above mixed use retail and expect it to be a gated property on Gulf Shore...I mean... did anyone think before they purchased? Mizner Park in Boca is the same product, including an ampitheater that hosts top name acts. If you want it quiet, then buy where quiet lives. Any owner who purchased here for peace and quiet might not be smarter than a 5th grader.
Caliban writes:
city wants to be so cosmo but can't accept the fact that youth is the driving force. either come up with a venue that puts us on the right track or stagnate with no revenue for new fireboats etc.
renkwiat writes:
It is a mixed use development. You don't want commercial noise until 9 PM? Don't buy there. It is as simple as that.
Spock_is_logical writes:
Squeaky wheel...die already whiners...die.
Max_Headroom writes:
Beackglow IS one of the 'old farts' who's complaining about the 'rock' music. I'd bet if it was a 'Beach Boys' or 'Beatles' tribute bands he wouldn't mind it.
RunSilentRunDeep writes:
Hey, when they bought into those condos they signed an agreement that stated there may be public or retail events that produce noise.. that is what I understand was revealed last week on this issue.. soe WHAT IS THE ISSUE??? You bought in knowing there would be events that you would have to tollerate higher levels of noise. Get over it. Keep the event going and make Naples a fun and friendly place to visit and have fun. Don't let the old geezers ruin this town.
Cherieo3 writes:
Agree with your comments Beachglow. The noise they call music with amps so loud can't talk to one another but to yell. Along with 'their' music comes the booze and drugs...so they won't live to a ripe old age as their hearing is already impaired.
cozyboy writes:
its the same thing on 5th ave once a month on Thurday night. Half the merchants love the music for three hours and the others do nothing but complain and say it hurts their business. The most screwed up town with the exception of the weather is Naples.
Cherieo3 writes:
Don't let the old geezers ruin this town.
Re: RunSilentRunDeep...It's the Old Geezers who built this town and now you gather here because it is NICE...and now think you have a 'right' to change it!! You are tresspassers!
beerbong writes:
As far as the job goes,been there, done that, had my own business,an retired at 59. Thank you. And have been a Florida resident since 1980.
Florida is a tourist state, Like it or not. If an areas wants to flourish. I'm just saying,it most always has about the same outcome. You go to any kind of meeting in SWF and you see a sea of red or blue T-shirts and you know which way what ever is going to go. The people of not in my backyard, have too much say around here.
RunSilentRunDeep writes:
I was born and raised here old geezer.. this town relies on tourism and construction for revenue. When that ambulance doesn't show up on time, maybe in the near future, point the finger at your crotchity old self... you built this town?? Generations of my family built this town.. YOU are the tresspasser. Get a life and enjoy what you have remaining. Do not tresspass on the ability of this town to continue to grow responsibly in the future.
doubtful writes:
You bought a condo above retail, restaurants and bars...now you're whining about same trying to earn a living. I'm continually amazed how wealthy people can be so stupid.
doubtful writes:
quiet enjoyment is EXPECTED in the estates...anyone who expects it above bars and restaurants is a fool.
renkwiat writes:
Unfortunately, I was not born and raised here. I was born geographically challanged, but I changed that early in adulthood. I agree with you wholeheartedly, RunSilentRunDeep. You will not hear me saying "up north we did it this way". I 75 runs north, as well...don't like it here...go back from whence you came. This is the reason I live in lowly unincorporated Lee County County...we would gladly welcome such events.
badger720 writes:
Judging from the picture it looks like a real ROWDY crowd gathers there, no wonder the homeowners are complaining everybody's just standing around waiting for the tear gas to come in.
innaplessince81 writes:
beachglow wake up. I-75 North. also learn how to drive. Thank you goodbye
citizenH writes:
Oh my - Beatchglow is not in a good mood and has a lot to say on this topic. Does SHE live in these condos?????
nplsparentof2 writes:
I have not been to one of the concerts but have heard good things from many families who have gone. I think it is a great idea and agree with those who post that if you live in mixed use, get over it. As someone with a young family, it's nice to see something that we can all go to and enjoy. Too bad it will probably be squashed by the condo commandos who think fun is an early bird special and falling asleep in front of Wheel of Fortune.
tallthin1 writes:
see ya there tonight!!!
geographer writes:
Bingo! Turnout has included all ages. Family friendly. You better go tonight because it sounds like it'll be the finale. Get there early before the barriers go up shutting off entry to the complex for anyone under 70. Shhhhh! Bedtime at Bayfront is 8pm on weekends. 7pm during the week.
THE_Aquaman writes:
Ban fun n guns..
Sig Heil comrades !
Captian_Cataracts writes:
You're right but I won't be sitting around waiting to die & going to bed at 9PM!
Will you?
They'll get plenty of quiet when they croak.
sunshinejohne writes:
I would LOVE IT if they would do these concerts at veterans park up here on immokolee rd. Leave the old farts in the city alone to their t.v. reruns.
geez writes:
I am a Bayfront resident and would like to set the record straight. Our association board sent the "Cease and Desist" letter without even polling the residents! I beleive the majority of the owners love the concerts and want them to continue! The promoters have jumped thru hoops to make this a great event for all of Naples. There was a large group of owners who attended the last council mtg. and asked for city to keep the concerts going. I believe thier may be just 4 people here who are compaining about it. They have had weeks to poll the residents and have not done so. The board is acting without imput of any resident! We will be at the next city council mtg. on Feb. 6th to support this great event!
PeopleSpeak writes:
Beachglow is a middle aged woman that lives out in the eastern Estates (a fact identified in past comments) and as such should have as much to say about something at Bayfront as a City of Naples resident should have to say about some stripmall shopping center off DeSoto or a flophouse in Immokalee.
The comment above hits the nail on the head. Those who bought at Bayfront wanted something as close as they could get to an "urban" lifestyle.
They chose to live Downtown and specifically in a dense, mixed use development. Many probably would have bought on 5th Ave S if they could have afforded it.
Therefore the live shows, markets, festivals, tourists, revelers, etc are EXACTLY what they should expect from living in a Downtown location. These are EXACTLY the types of things that we as City residents should expect and appreciate! (Those of us who do not are free to live in age restricted communities or any of the generic, faux-Tuscan developments across the vanilla sprawl that is SWFL.)
I personally hope that whatever becomes of the Grand Central site is an extension of the city grid and includes PUBLIC WAY streets rather than PUD/stripmall private driveways like Bayfront so that the citizens - not a few old farts that vacation here a month out of the year - have a say.
If we do not embrace having a vibrant, unique urban core, the region will ultimately suffer.
FreshFace writes:
Get out while you can...no one wants to allow for ANY type of fun here. This place really sucks on so many levels.
FreshFace writes:
(This comment was removed by the site staff.)
greathornedlizard writes:
I once lived upstairs in a downtown area and there is no escaping the fact that noise rises.
You can even hear footsteps on the sidewalk..
and so, taking into account the chickee bar, the boats, the cars, the airplanes overhead,
I don't think these folks have ever enjoyed more than a few moments of silence at Bayfront.
It must be a class issue.
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