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Summary Minutes:Regular City Commission Meeting October 20,2016 City of Sunny Isles Beach,Florida <br /> when construction activities that cause noise can take place,and it is set forth in Section 193- <br /> 6 it provides construction 7:00 a.m. to 6:30 p.m. Monday through Thursday, 7:00 a.m. to <br /> 5:00 p.m. on Friday,and 9:00 a.m.to 5:00 p.m.on Saturday. That is fine,and the Code also <br /> provides when extensions can be granted, and that is in Section 193-8. The touch stone of <br /> when an extension can be granted is when there is no reasonable alternative. There are some <br /> construction activities that require extensions that require additional time to perform. But in <br /> this case they have asked for extra time every day for the past seven(7)months. There's not <br /> been every day for seven months worth of activities that need extra time. We hope that you <br /> agree that activities that cannot be completed in a day doesn't render them no reasonable <br /> alternative, in fact recently the contractor asked for an extension and citing no reasonable <br /> alternatives they said"rejection of request will require Coastal to perform mass foundation <br /> operations for a longer period of time at additional cost to itself and the property owner." It <br /> is not that there is no reasonable alternative,it is that they want to save money,but it can't be <br /> to the detriment of the residences of Sunny Isles Beach and that is exactly what is going on <br /> here in this circumstance. The second out of the four prongs that has to be met in order for <br /> an extension to be provided is that there will be a unique hardship or practical difficulty but it <br /> also has to be with no reasonable alternatives and more money isn't a unique hardship and it <br /> is not a practical difficulty. Maybe units get sold for a little more, there are other measures <br /> that can be taken. It is not a unique hardship,it is simply wanting to make more money. The <br /> next thing, the prong of the Code that is absolutely on point with his client is that the <br /> extension cannot cause a substantial or undue adverse impact upon the adjacent property. <br /> People are trying to put their children to bed, people are being awoken early on Saturday <br /> mornings, it is an adverse impact,and it is a substantial impact on our residents. He knows <br /> that their residents have sent you emails complaining, and the residents shouldn't be <br /> impacted in this way. To their knowledge, no assessment has been performed by anybody. <br /> As to the adverse impact to Ocean III or other City of Sunny Isles Beach residents because he <br /> has not seen any assessment in any application, all they do is simply say there will be no <br /> adverse impact and so we should be able to just go ahead and go on with it. The last of the <br /> four (4) prongs also which isn't met, is that it must be an activity of a temporary duration. <br /> The Code is being abused,you all enacted this Code,or the Commission before you,and he <br /> presumes you did it for the health and the wellbeing of the residents of the City. That is the <br /> past,nothing can be done about the last seven months but since his firm became involved in <br /> March,each time when we receive one of these requests we have objected to it. Irrespective <br /> of their objection the request generally gets granted. Right now we understand there to be <br /> three(3)pending and outstanding requests,there is one for Saturdays beginning this Saturday <br /> through after Thanksgiving from 7:00 a.m. to 9:00 a.m. and 5:00 p.m. to 7:00 p.m. and so <br /> they went two hours on each side of the day. They are asking for weekdays from Oct. 24 <br /> through Nov. 3 from 7:00 to 11:00 p.m. They want weekdays from Nov. 7 to November 30 <br /> and so for the balance of November from 6:30 p.m.to 10:30 p.m., again,the Code provides <br /> for when an extension should be granted, and it is simply not being complied with. These <br /> extended hours are negatively impacting the residents of Ocean III and other residents of the <br /> City. So far, short of coming here tonight,we haven't been able to do anything about it. He <br /> believes we were recently advised that they had asked for Sunday construction and that had <br /> been denied, and for that we are grateful. They had asked for a Saturday extension and that <br /> had been denied and since then reasserted six days later. We want to bring this to the <br /> Commission's attention and that is primarily why he is here tonight. We ask that you all do <br /> 15 <br />