Bett Padgett, 1213 Dixie Trail, (sworn) presented a check for $15.00 pointing out she did not bring her sign back.  She expressed appreciation to the Board for hearing her appeal and pointed out since this issue has come about there has been an outpouring of support from artists and others asking that the Board not declare the house concerts a prima facia business.  She stated she has more than 65 letters from artists, neighbors and friends and a petition signed by some 200 people asking that the Board find that the house concerts are not a business.  She asked those in the audience supporting her request to stand and approximately 35 people stood.   

Ms. Padgett presented the petitions indicating each name is notarized (Exhibit 4).  She presented a packet of notarized letters of support (Exhibit 5).  She pointed out she had talked with contiguous neighbors and they have no problem with the house concerts and are in full support of her request.   

Ms. Padgett pointed out one of the notarized letters is from Scott Ainslie and quoted the following paragraph. 

For members of this very human community of musicians and listeners, each song or instrumental pieces comes as a part of our cultural legacy and literacy. 

Rather than “entertainers” per se, the musicians and performers who play these intimate concerts are more like Griots, the oral historians of West African villages.  They hold up the history and the current state of the community in stories and songs for us to witness, to affirm, or to question.  They present us with a part of our living history (and they do so at volume levels that don’t even make it onto the porch).  These performances offer us the opportunity to understand and to become more fully who we are as individuals and as members of our communities.   

Ms. Padgett read the following paragraphs from a letter from Ellis Hankins, 1201 Little Lake Hill Drive.   

We have never heard music or noise during the concert at the Padgett residence.  In contrast, many times we have heard music and noise from loud parties at a home on Hymettus Court behind our home.  Also on many Sunday mornings we have heard amplified recorded church bell music from the church.  I do not believe the concerts at the Padgett residence to be disruptive or incompatible with our residential neighborhood in any way.  I believe the advantages of the concerts out weigh any disadvantages.  The focus should be on enforcement of ordinance provisions about noise, parking and traffic to avoid disturbances which is not a problem here.  I support the interpretation of the ordinance provisions to allow the occasional concerts to continue.   

Ms. Padgett presented a copy of her business license with Chairman McBennett pointing out he thought that issue had been addressed.  Questions about the differences in a home occupation and a privilege license took place with Attorney Silverstein explaining the differences.  Ms. Padgett questioned exactly what a privilege license allows her to do.