2006 0216 Regular City Commission Meeting

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Summary Minutes: Regular City Commission Meeting February 16,2006 City of Sunny Isles Beach, Florida Vice Mayor Brezin agreed with Commissioner Iglesias and that if it was necessary for the completion to get it in time they can make that request to our Building Department for approval for certain specific things that have to be done and under the circumstances we will have to work with the builders and be understanding in that regard. Commissioner Goodman said they can work but not make noise. Commissioner Thaler said he agrees with them but one thing you have to remember is if you start at 7:00 a.m. and you put these heavy trucks up you are dealing with 5:30 or 6:00 in the morning with the noise starting with the trucks showing up on the road for a pour, so he thinks it should be very limited. Jeffrey Bass, Esq. representing the Related Group of Florida together with TRG Desert Inn Venture, the project known as Ocean IV, said that this Ordinance as drafted is inconsistent with the law of the State of Florida as it relates to the penalty component of your noise Ordinance. He said when the legislature tells you how to do something, that is the only way that you may do it, and the maximum Code Enforcement fine that you can impose is $500. He noted that they provided the Commission previously with a letter of objection citing the laws and would like to adopt the arguments in the law cited therein by reference and that it be included in the record of this proceeding. City Attorney Ottinot said that State law does not preclude the City from imposing greater penalties in what is prescribed in Chapter 162, State law indicates that the City may use any means to enforce its Code including increasing its penalties and possibly arresting a violator, and that he is recommending to adopt this Ordinance as is. Cliff Schulman, Esq., representing Milton and Associates, agreed with Jeffrey Bass, and incorporated his comments. He said this Ordinance deals only with penalties, what it doesn't deal with is perhaps the reason for the problem if it exists. He said the developers in this town want to be good neighbors, they don't want to have complaints or get cited, all they want to do is build a building. He said this Ordinance now states, the operation of any noise producing equipment cannot be operated except from 7:30 a.m. to 5:00 p.m. during a work day, and Saturdays, from 9:00 a.m. to 5:00 p.m. He said it doesn't work, every municipality in Miami- Dade County has a more liberal start time and end time then Sunny Isles Beach. He said there are things that go on at a construction site like foundation pours, that go on 12-16 hours and has to be a continuous pour. He said you can get permission from the City Manager or Building Official to do that but at least once a week if a developer is doing his job, he has to do a slab pour and you don't stop it at 5:00 p.m. or necessarily start it at 7:30 a.m. He said accordingly you are to get permission from the City Manager seven (7) days in advance with specific details, you have to send a mailed notice to everyone within 150-feet of your development by certified mail return receipt requested. He said that does not work, but it doesn't say that there can't be a reasonable compromise, and he suggested to workshop this. Mayor Edelcup suggested instead of doing a workshop he would, in the spirit of compromise, be willing to amend this to permit the start time at 7:00 a.m. and that they be able to work until 6:00 p.m., or perhaps the dusk rule may make more sense because in the winter months it gets dark earlier and light longer in the summer, or use daylight saving time period vs. standard time period, which could incorporate the extra hour. Commissioner Thaler said he felt the dusk rule was better because some of the Jewish holidays start at sundown. Commissioner Iglesias said he agreed. 11