2006 0119 Regular City Commission Meeting

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-- Summary Minutes: Regular City Commission Meeting January 19,2006 City of Sunny Isles Beach, Florida what you would be doing would be to eliminate the sidewalk and you would be putting the people who are walking out into the gutters, so you can't have that type of setback as Mr. Aelion is indicating. She said that she agrees with him as far as the foundation, it should certainly be a structure that would be safe and dealing with erosion, and we have many incidences where we had fencing before and because of the hurricane, the fencing was wiped out, so they would have to be structured where they are stronger and would be able to withstand the winds. Mr. Aelion said what he would like to see is since the Code will become a permitted necessity then let it include also this concern so then if just the fence is being addressed then also this danger of the erosion under it is coupled into the Code so at least the problem that is now present with the children playing in front of the 700 building will also be looked at so if maybe the City would be requiring the owner ofthe Marina there to build some sort of separation of barrier, be it a seawall or some other structure that would impede from the continuation of the erosion below the fence. Commissioner Iglesias said that Mr. Aelion brought up a good point, in addition to that, first of all he agrees that we need to take care of the safety issue but he doesn't want to create a shot gun effect where we deal with the problem and create another problem. He said there is nothing in the Florida Building Code that requires that you have to put fencing in marinas, we need to be careful. He said there is an effect that is called scouring which is the fluctuation of the tides that works on seawalls we faced here in the Arlen House and behind Publix. He said what happens is the pounding of the waves, although it looks minimal, but when it hits and starts fluctuating and starts eroding the actual structure, the last thing we want to do with a structure like that is drill it to put in some fencing because in some cases like by Bay Road and the Arlen House that earth is what holds the roadway and you don't want to concave again and so he thinks that we need to make sure that that is addressed before we jump and start passing regulation because he as a dock owner is going to ask first what Code am I going to do it on? Commissioner Iglesias said that I) you need a geotechnical survey to find out what condition that seawall is at; 2) and depending on the condition, you may have to wind up putting sheet piling depending on what you are going to put on top of that wall, what he did at his house, it turned out to be a gigantic project from something very minimal because of some of these conditions, and 3) maybe what we want to do is to have an Ordinance where you take it site specific and because he does not want to start creating, for example, a marina that can be privately owned where people cannot get to it, he doesn't want to start forcing them to start putting fencing in if somebody is not going to go in there. He said he is concerned with, what Vice Mayor Brezin said, kids that are walking like at the Arlen House and they can be falling in, that needs to be addressed but he doesn't want to do it all over the place by forcing this you may start weakening structures. Mr. Aelion said that is why he would want to involve Clay Parker and his staff before the final approval. Commissioner Iglesias said to look at the areas where there is a problem with safety, and go from there and find out what solutions if there is nothing in Florida Building Code you will have to come up with our Codes and that is not easy. Vice Mayor Brezin said that the fence would be adjacent to the water. Commissioner Iglesias said that Vice Mayor Brezin wants safety where people have to walk along the waterway. 10