2016-1020 Regular City Commission Meeting

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Summary Minutes:Regular City Commission Meeting October 20,2016 City of Sunny Isles Beach,Florida because we have been forwarding it to staff to deal with. She too is an attorney,and she was a little shocked when she got the certified letters because we are represented by Counsel,and as a practicing attorney if she has to send a certified letter, she sends it to the attorney, and she does not copy their client. So she felt that is not the way she practices law, and maybe you look at it differently because we are a government entity. Commissioner Levin said another question she has,when developers come to us initially for the site plan approval, one of the questions we always ask is have you talked to the neighbors, and the neighbors have an opportunity to come and speak, and so her question is they knew this project was going to be constructed and that construction has its negative impacts on the surrounding areas, and she understands that you are concerned about the extended construction hours and the staff has been dealing with it. But she remembers initially seeing an email that they were complaining about the dust and maybe that is what Commissioner Goldman was getting at, is it just the hours or are they nitpicking over everything because there are some of the reasons that they are doing so that if they got everything that they wanted with regard to hours,are they going to go away or are they going to start complaining about something else. That is it,do we have a bucket of things here that we are dealing with? Mr. Clark said he thinks that many of the things are within the Ordinances and they are operating within the Ordinance and for those he would counsel them to come here. Speaking to Commissioner Goldman's point,we are all about working things out with our neighbors, we have been trying to work those things out that we can but he doesn't necessarily think it would even be appropriate for us to work out with our neighbors an agreement pursuant to which we say you guys can go ahead and violate the Code, he does not think that is their place. So that is something that we can't work out with our neighbors,everything else there have been quite productive discussions between the neighbors,that is number one. Number two, this whole certified mail issue,he never thought of it as that aggressive, it is simply to ensure that something is received. Commissioner Goldman said in terms of a Code violation occurred,she takes issue with that, she thinks Mr. Clark is speaking way out of turn. Mr. Clark said to the extent that we don't believe that the, and Commissioner Goldman said you don't believe but that is your interpretation, there is no violation of the Code here. Mr. Clark said then so there are no reasonable alternatives when they could stop the equipment and come back the next day,that is not a reasonable alternative? City Attorney Ottinot said to Mr. Clark that you are hearing again, you know there is a well established flow about the discretion that the City Manager has and for these requests. City Attorney Ottinot said that he has advised you and others from your firm. You look at the numbers,the numbers speak for themselves seventeen(17) requests and only six(6)out of seventeen(17)were approved,and that is reasonable. Do not argue that it is unreasonable, if you had a legal basis to challenge us on that, we would be downtown but you are not downtown because he does not think you have a legal basis, and so the issue that we have is basically work with the City Manager,work with the Deputy City Manager when you file your complaint,they will review it. You don't have the expertise as our Building Official has in making those decisions, and so we can set here all day arguing about this but from his opinion, from a legal perspective, we are complying with our Code, we are consistent with our Code. We have met numerous times, at least two(2)or three(3) 20