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 Mayor Edelcup said that this Ordinance needs to be reworded and noted that this Ordinance is only for marinas, you have a linear area east and west and part of that area is owned by a separate entity that owns the marina and part of that area is really Arlen House property and there is a private road there. He said the question is if you only enclose the marina section and not the entire section, what have you accomplished in that area? This ordinance is saying ifit is a public marina it should be there, what is left open is will the Arlen House people on their own decide to enclose the rest of it in order to protect the safety and welfare of their children or will they sit by and leave that open, and it seems that is a condo decision that needs to be made. His own feeling is if it goes on the marina area, it should go on the rest of the area. Mr. Fernandez said that the dock ends and this area begins, and Mayor Edelcup said that is where the problem lies, if we adopt this that it only applies to marinas, it leaves the open areas that are owned and are not marinas to be decided by the condo association whether they want to protect it or not. Vice Mayor Brezin said that in discussions with the Arlen House, once the marina puts up the fence, they would follow through, and Mayor Edelcup said it is not covered in this Ordinance, and Vice Mayor Brezin said that this Ordinance is a beginning. Mayor Edelcup said that this Ordinance needs to be redrafted and presented again for first reading at the next Commission meeting in February taking in consideration all the comments that we have heard tonight and allowing the residents that still want to get with staff as to further ideas to incorporate those ideas. Mr. Krueger noted that the marina at Arlen House was part ofthe common area element owned by the Arlen Realty Corporation. He said it was leased to the current operator of the marina, however, the fence that was there [destroyed by Hurricane Wilma] was on almost % of the property it was not only covering the dock but it was extended another 300-feet west of the dock and he is suggested, ifit is retroactive, why shouldn't the same people put it in. Mayor Edelcup said because it is not on their property, and if you don't have an agreement with them that they entered into initially to maintain it forever even though it is on your property, then you don't have a basis. Mayor Edelcup said we can't get site specific, we are trying to pass an ordinance that encompasses marinas throughout the City. Commissioner Goodman moved and Commissioner Iglesias seconded a motion to defer this item to February 16,2006. The motion was approved by a voice vote of 5-0 in favor. 7G. Add-On: An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Section 193-1 of the Code of the City of Sunny Isles Beach Relating to Construction Noise; Providing for New Penalties to Control Noise Pollution Related to Construction Activities; Providing for Severability; Providing for Repealer; Providing for Inclusion in the Code; Providing for an Effective Date. Action: [City Clerk's Note: Approved to add on new item, see Item 4A} Mayor Edelcup reported that even though we have passed these construction noise ordinances and have discussed them at open hearings about violations, it appears that certain contractors don't seem to want to adhere to the ordinance that we have which provided for fines which are minimal, and it is easier to pay the fine and do the work. He said as a result of an incident that occurred this week, he has asked for this item to be placed on this agenda which greatly 11