Holmes Beach is extending an olive branch to local construction and service companies.
City commissioners met Feb. 11 to discuss easing work prohibitions on holidays.
Under the noise ordinance, construction and outdoor service work, such as commercial lawn care, are banned on Sundays and holidays when city offices are closed. The list of 12 days includes Christmas Day, Thanksgiving Day, Memorial Day, Presidents Day and Veterans Day.
It also includes the Friday after Thanksgiving and other days when the official holiday falls on the weekend.
The issue came to light in December when Jeb Stewart, owner of Stewarts Landscape Management in Holmes Beach, learned his crews could not work the day after Thanksgiving.
Stewart again addressed commissioners Feb. 11, saying the holiday closures create scheduling problems and a financial burden for his company. He said his workers also face less pay.
“I know you can’t tell me how I’m supposed to solve this problem, but it’s a big problem,” he said.
Karen LaPensee of LaPensee Plumbing Pools and Air said the holiday prohibition also creates an issue for her business. She agreed that residents are entitled to days of peace and quiet without construction noise, but some issues may be addressed with minimal noise. She also expressed concern that without a clear definition of what constitutes construction work, emergency service work may be called into question by law enforcement.
“We always allow emergency fixes,” Holmes Beach Police Chief Bill Tokajer said. “If allowing services, we need to be clear about what the services are.”
Chair Judy Titsworth argued construction and service work should be allowed on holidays provided the activity doesn’t violate the decibel limits in the noise ordinance.
“Even if it’s commercial construction and not causing noise, it shouldn’t be an issue,” she said.
As a compromise, commissioners made a shorter list of holidays when work is prohibited.
City attorney Patricia Petruff presented commissioners with a draft ordinance, listing holidays when construction is banned as Christmas Day, New Year’s Day, Memorial Day, Independence Day, Labor Day and Thanksgiving Day.
Commissioner Carol Soustek asked that Veterans Day be added to the list.
“There are very few days outside of weekends that people are given off,” Soustek said. “This gives people the opportunity to honor what the day is for.”
Titsworth argued she’s uncomfortable specifying certain days. “Do we have the right to say no one can work?” she asked.
Commissioner Jean Peelen said approaching the issue based on noise complaints would require increased police monitoring.
Petruff said some corrections to the noise ordinance already are required based on issues with procedure and enforcement, resulting in her reluctance to rely solely on the noise ordinance to monitor construction problems.
“Sure construction can be done quietly,” she said, “though construction traffic could cause an issue.”
Commissioners agreed to leave the seven holidays in the ordinance and asked Petruff to draft language that would clearly define the difference between construction and service calls, allowing for emergency maintenance. They also agreed commercial lawn care will not be allowed on the seven designated holidays.
Stewart was outraged, saying he intended to send his crews out to complete normally scheduled lawn maintenance on Feb. 15, President’s Day.
“You can’t take away my right to work,” he said, adding that he would happily pay any fines levied against his crews. Stewart also balked at the idea of banning work on Veterans Day.
LaPensee agreed Veterans Day poses a problem because it sometimes falls in the workweek.
Commissioners agreed the matter would need further discussion and directed Petruff to investigate how other area municipalities treat the issue.
Commissioners will meet at 7 p.m. Tuesday, Feb. 23, at city hall, 5801 Marina Drive, Holmes Beach.