2007 0315 Regular City Commission Meeting

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Summary Minutes: Regular City Commission Meeting March 15,2007 City of Sunny Isles Beach, Florida 7B. An Ordinance ofthe City Commission of the City of Sunny Isles Beach, Florida, Creating a New Chapter Entitled "Nuisance" to Establish Guidelines to Regulate Various Types of Public Nuisance Within the City's Jurisdiction; Providing for Penalties and Enforcement; Providing for Repeal, Severability, Codification and an Effective Date. Action: City Clerk Hines read the title and Community Development Director Robert Solera reported. Public Speakers: None. Commissioner Brezin moved and Commissioner Iglesias seconded a motion to approve the proposed ordinance on first reading. The motion was approved by a roll call vote of5-0 in favor. Second reading, public hearing will be held on Thursday, April 19, 2007, at 7:30 p.m. Vote: Commissioner Brezin Commissioner Goodman Commissioner Iglesias Vice Mayor Thaler Mayor Edelcup yes m yes yes yes 7C. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Chapter 193 of the Sunny Isles Beach Code of Ordinances Entitled "Noise" by Establishing Regulations Relating to Various Types of Noise; Providing for Repeal, Severability, Codification and an Effective Date. Action: [City Clerk's Note: Correspondencefrom George Sevecekofthe Florida Ocean Club was distributed prior to the meeting.) City Clerk Hines read the title and Community Development Director Robert Solera reported. He said the Ordinance provides a better description of two types of noises, regular noise and construction noise, and it provides for decibels of 60 db's. Public Speakers: Mercedes Cantrell Mayor Edelcup said under this ordinance it is really up to the citizens to report a violation. City Manager Szerlag said our intent is that, unlike construction activity which is a continuous successive noise where we give permission during certain time frames to exceed 60 decibels, once a structure is occupied, whether it is a single family residence or a condominium, and we have a noise complaint, a police officer or a code enforcement officer will respond. He said like most ordinances, this one was developed as a result of a problem that surfaced, specifically there is a conflict between two condominiums, Ocean IV and Florida Ocean Club whereby Ocean IV has exhaust fans that run 24/7 that exceed 60 decibels at the property line. He said we had the Building Department try to work with Ocean IV to install some C02 or Carbon Monoxide Sensors that, when carbon monoxide reaches a certain level, fans would go on and make the atmosphere safe, and so instead of having fans on 24/7 they might be on l5- 20 minutes every 2 - 3 days. He said that would be one solution, and if that solution would go into place even though during that intermittent time frame, 60 db's may be exceeded, that would be commensurate to, as an example, someone cutting their grass, which would have an excess of over 60db's at the property line but only for a few minutes every week. He said we 4