How Miami Beach Officials Get Away With Torture

Umberto Boccioni, The Street Enters The House
 
OPEN LETTER
Michael Grieco, Commissioner
THE CITY OF MIAMI BEACH
Miami Beach, Florida

Plea for Formal Remediation of Unreasonable Noise and Maladministration

Dear Commission Grieco:

I have posted this letter on the Web for your easy reference. You have said that my letters are too long for your cell phone, so I am hoping that you have access to a desktop or laptop computer. I am also hoping that your colleagues have the equipment and power of continuous concentration to consider this document and act upon it. If I do receive a response, I shall provide voluminous factual information to support my thesis upon request

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 around 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 redundant project is just now winding up.
Many complaints and pleas were submitted by victims to the mayor, commissioners, and administrative officials. Responsibility 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; 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 slapped together a wooden box for the gigantic engine to reduce the decibels. That project 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 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. I have an account of that meeting if you have a personal computer and the time to consider it.

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 healthy 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 city’s Rob Peter to 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 fog of 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.

Therefore, I hope you will at least respond with your position on what you can do to make sure that city officials in instances such as this provide for the welfare for all stakeholders, not just the welfare of those represented by the power elite’s political bureau on the commission.

Sincerely,

David Arthur Walters

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The Wooden Government of Miami Beach

THE WOODEN GOVERNMENT OF MIAMI BEACH

 
BY
DAVID ARTHUR WALTERS
 

“The noise is too loud!” “What?” “THE NOISE IS TOO LOUD!” “WHAT?” THE NOISE IS TOO DAMN LOUD! IT’S DRIVING US CRAZY!” “OH, NOISE. NO, THE NOISE IS ACCEPTIBLE BECAUSE WE HAVE PERMITTED IT!”

Noise from the trenchless drilling of the Miami Beach redundant sewer in densely populated South Beach has nearly driven people anywhere near the engines crazy.

 

The main fault is laid upon the government and not the contractors, from which we have already received illuminating comments from John English of Horizontal Technologies, an industry spokesman and consulting subcontractor to general contractor David Mancini & Sons and drillers Spartan Directional, and Hard Rock Directional:

 

“You are starting to embarrass yourself now. I have read better stuff in middle school papers. Not even sure what the article is about. I doubt they are interested in my opinion that the article is poorly written. Continue your tantrum until someone notices. I saw a young girl doing the same in a grocery store this weekend, just as annoying…”

 

Mr. English, an avid fan of Ayn Rand who quotes Atlas Shrugged on his company’s website, has compared the protection of human beings from excessive and unnecessary noise in densely populated Miami Beach to unwarranted governmental protection of birds and snails in their natural environment.


Atlas Shrugged is a novel that rationalizes selfishness. Sales of the book soared after the Enron Scandal because businessmen felt they were being unfairly prosecuted for saving the nation.

 

Mr. English said that anyone who associates noise with civil rights is an “idiot.” Since that category would include hundreds of legislators throughout the country, they are being apprised of his opinion even though he does not think it would matter to them.

 

On the other hand, he said there was room for improvement in horizontal directional drilling. Even so, he said, benefits at present far outweigh its costs.

 

Human beings may listen to recordings of the noise taken before and after the city’s wooden attempt at noise reduction:


BEFORE THE WOODEN RESPONSE


Channel 10 edited the video tape to make it appear that the city had taken “reasonable” steps. The gentleman who made that statement was himself trying to be reasonable, and was disappointed in the editing, especially after hell-on-earth continued.


The longstanding unnecessary and excessive noise was actually permitted by the city against its own ordinance, on the excuse that the construction had to be performed on an emergency basis to save the city from an imminent disaster, of being flooded with sewage. There was no imminent danger of the old sewer main bursting, as can be seen by documents offered to the city commission. This was simply another rush-to-construction project performed in accord with the Mayor Philip Levine’s “Get It Done” mission. Mayor Levine is a wealthy developer and public relations mogul. His public relations program represents him as a sort of messiah come to save the city from global warming.



AFTER THE WOODEN RESPONSE


Decibel levels were decreased by the wooden response to the complaints, but levels were still unacceptable. Imaging that you had to listen to this racket every day of the week for weeks on end.


 



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