2006 0316 Regular City Commission Meeting

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Summary Minutes: Regular City Commission Meeting March 16,2006 City of Sunny Isles Beach, Florida penalties had remained the same. Public Speakers: George Berlin; Ron Choron; Henry Kay; Lauren Benz; Rick Kolb; Clifford Schulman, Esq. Mayor Edelcup said we put in stiffer penalties last month to ensure better compliance with the noise ordinance, and at the same time we were requested by developers and their attorneys to look at the hours that the City was allowing people to create noise during construction. He said that they have now come up with an ordinance that is a compromise to the problem by adding a half hour in the morning and about an hour and half to two hours in the evening for construction noise, with the proviso that the heavier penalties will fall into play if those extended hours are violated. Commissioner Thaler noted an article that appeared in the Miami Herald/Neighbors from a person who related his distaste for the extension on the time but one of the things that he omitted was the fact by giving them the right to pour longer, it will shorten the time the noise will be there, and it will get done faster. Commissioner Iglesias said when there is work on Collins A venue and you have to close a lane for a pour, traffic gets very heavy, so the quicker you are in and the quicker you are out the happier we are in FDOT. Vice Mayor Brezin agreed and noted that people have to be patient as it is not a permanent situation. Ron Choron, of Jade, requested that the Commission consider tying the hours to a decibel rating on noise. He said if they are not making any noise and they are pouring concrete that they would like to continue pouring. Mayor Edelcup said that this Ordinance is only covering noise making construction equipment, and Commissioner Iglesias said that ifthere is no noise you can paint all night long. Mr. Choron asked if the preliminary, advanced notice of concrete pours is still in force, and the Commission said yes. He asked what the decibel rating is, and Code Enforcement and Licensing Director Robert Solera said 120 db. Assistant City Manager Vera said what this Ordinance is doing is stopping outdoor work, and trawling machines, etc., are outdoor work, and what the Commission is referring to is once you close up and you make the building dry, they don't have a problem with you working in the inside. Building Official Clayton Parker said that it might be a good idea to add that decibel rating in the Ordinance, and noted that the 120 db is fair. City Manager Szerlag said that the decibel rating would be taken at the property line, noting that there is an ambient standard for traffic noise. He said sometimes a municipality will have an Ordinance indicating that construction noise can be a certain db level but cannot exceed the ambient noise of traffic also at the property line and it is whatever is less, and so it is more restrictive. Rick Kobi of Pavariti Construction, pointed out that it is very important that you assign a decibel rating to the Ordinance and 120 is fair, and it would allow them to work within the noise ordinance restrictions and be able to monitor themselves, and agreed that it should be measured at the property line. Code Enforcement and Licensing Director Solera said that he tends to disagree on that as he will have to have his officers trained on a decibel meter in terms of measuring the decibels. Mayor Edelcup said he would suggest leaving the Ordinance the way it is with a procedural instruction to the City Manager or his designee to determine what is the appropriate noise level permitted within the City. He said it would be better that we pass the Ordinance that 3