Plea for Formal Remediation of Unreasonable Noise and Maladministration

by: David Arthur Walters.This is my petition for legislative and administrative action to mitigate unreasonable Noise, vibrations, exhaust fumes, and other pollution in construction projects in the City of Miami Beach by requiring contractors to include statements of probable pollution impact and their remediation program in their bidding documents, and by requiring owners and developers to provide temporary housing to residents whose lives are unreasonably impacted by construction pollution in all events, and especially when the city waives the charter provision of a civil right against such disturbances.

The need for such legislation was made evident to your neighbors during the horizontal drilling of a 2/3 mile long redundant sewer line. The noise, vibrations, and fumes aNoiseround the entry and exit holes can only be described as torturous, of the nature that terrorists and other criminals are subjected to by the police power in other parts of the world in order to drive them out of their buildings or to confess to their crimes.  The only expression of concern was that the customers of Joe’s Restaurant, frequented by the affluent and vested interests, not be disturbed.

The charter protection was waived by the city because the drilling contractor had contracted to be present on the North Dakota pipeline. A responsible city official for that reason declared that the project was “time sensitive,” but implied that the city was in imminent danger of being inundated by sewage, which if expressly stated would have been a bald-faced lie. There was no emergency. In fact, an engineering report stated that there was a very small chance of a break in the existing sewer main and that there was no imminent danger of it failing. The drilling team left town a year ago and the project is just now winding up.

Many complaints and pleas were submitted by victims to the mayor, commissioners, and administrative officials. NoiseResponsibility for the outrageous disturbance on weekends and evenings was shamefully shirked by administrative officials, with the exception of Eric Carpenter. The mayor was too important to receive the victims at city hall, and the commissioners, who were notified time and again of the issue, were unresponsive.

The rule of thumb when only a small number of people are disturbed is not to provide for their general welfare but to ignore them the best one can. This usually works politically because of the local culture: with some remarkable exceptions, people not only do not love their neighbors but they do not even want to know them unless there is something in it for them.  Further, traumatized people tend to be concerned with their own predicaments to the exclusion of others.

The duty to address the complaints was delegated to the general contractor and his public relations employee. Shutting down the project until adequate sound protection could be obtained was out of the question due to the drilling team’s scheduling needs. The general contractor jerry-rigged a wooden box for the gigantic engine to Noisereduce the decibels. That projected created more noise in the evenings and took all too long for a minimal result. In fine, it was too little too late, including too late to file for an injunction in the circuit court, and the racket dragged on for months.  The public relations sophist did what she could, which was to simply shine people on with specious rhetoric.

A meeting was held by your powerful neighborhood association. A public works official finally publicly addressed the ongoing nuisance. As an engineer, he had no sympathy with the people suffering the unreasonable pollution due to a drilling process that is usually employed out in the boondocks and not in the residential neighborhoods of small cities such as ours.

That account includes the tearful complaint of a woman who was being tortured by unreasonable vibrations and noise at 419 Michigan Avenue, near your home. She apparently thought David Mancini was the city’s official contractor, and that the 419 Michigan Avenue project was his responsibility, which he has nothing to do with.

As you know, the groundwork at that site for a small hotel, across Michigan from the Vibe studio, seemed almost interminable due to water conditions. I estimated that the entire declared valuation of the hotel construction was absorbed by the groundwork, although a superintendent told me the extent of the groundwork was expected. Still, I have asked the building department to collect affidavits and documents upon completion to make sure that a correct value is declared and all permit fees are paid, which has not always been done in the past under the Noisecity’s Rob Peter to Pay Paul To Breakeven policy.

I hope that woman has recovered. I shall never forget her tearful plea for relief from the awful noise and vibrations. But manly engineers and city officials are deaf to such pleas from small minorities. There is always collateral damage in the war against nature. The fact that there are so many complaints in our city creates a din that tends to deafen city officials unless, again, there is something in it for them if they respond to it.

There were so-called activists around town who could have raised enough hell to get some relief. Unfortunately, they either had their noses in the wrong place, or they were afraid to speak up because they had their own needs. After all, His Honor the Mayor said after the last election that people who complained about things would have to wait until the next election to be heard.

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