TOWN OF GOLDEN BEACH
One Golden Beach Drive
Golden Beach, FL 33160
OFFICIAL MINUTES
JANUARY 18, 2005
REGULAR TOWN COUNCIL MEETING
7:30 P.M.
A. MEETING CALLED TO ORDER
Mayor Addicott called the meeting to order at 7:35 p.m.
B. ROLL CALL
Council: Mayor Michael Addicott, Vice Mayor Al Paruas, Councilman Ben Einstein, Councilman Joe Iglesias, Councilman Glenn Singer
Staff: Town Manager Bonilyn Wilbanks-Free, Police Chief James Skinner, Town Attorney Paul Eichner, Finance Director Maria Camacho, Building Manager Linda Epperson, Town Manager’s Assistant Zoraya Roncallo, and Town Clerk Cathy Szabo
C. PLEDGE ALLEGIANCE TO THE FLAG
Chief Skinner led the Pledge.
D. PRESENTATIONS: RECOGNITION OF EMPLOYEES BY CHIEF SKINNER
Chief Skinner presented awards to the following police officers:
Police Officer Robin Weiner for saving a dog.
Police Officer Gene Stanley for attempting to save the life of resident Neil Studnick.
E. ADDITIONS/DELETIONS/CHANGES TO BE MADE TO AGENDA
None
F. TOWN BOARD/COMMITTEE REPORTS
Beach Committee Chair Stanley Feinman regarding beach security. Requested a beach pavilion status update.
Miami Dade League of Cities update by Vice Mayor Al Paruas regarding Spanish Radio 710 .
Comprehensive Planning Board Chair Vice Mayor Paruas invited residents to attend the CPB meeting on Thursday, January 27th at 7:00 p.m. Mr. Miller will give a presentation and be available to discuss the future plans for the Town with the Board.
Recreation Committee Chair Judy Lusskin thanked public works employees for the great job they did at the New Years Eve Party. Announced Annual Pot Luck Dinner will be held on April 3, 2005.
Golden Beach Youth Leadership Group, Judy Lusskin announced a Golden Beach to raise funds for the Tsunami victims.
G. GOOD AND WELFARE
Dr. Stanley Feinman, 475 Ocean Boulevard – Council Candidate
Judy Lusskin, 665 Golden Beach Drive – Council Candidate
Sydel Herrick, 625 Ocean Boulevard – Dogs on the beach, A1A lighting, A1A traffic control regarding film shoots
Sari Addicott, 155 Golden Beach Drive - Traffic control, election
H. COUNCIL COMMENTS
Mayor Addicott - dogs on the beach, traffic control, election, Comprehensive Planning Board Meeting regarding Mr. Miller presentation, New Year’s Eve Party
Vice Mayor Paruas - Comprehensive Planning Board, A1A Lighting
Councilman Singer - enforcement of helmets, Police Department, election
Councilman Einstein - election
Councilman Iglesias – election, enforcement of laws, email
I. TOWN MANAGER REPORT
Town Manager Wilbanks-Free - Special Meeting regarding the beach pavilion project, film shoots
J. TOWN ATTORNEY REPORT
Town Attorney Eichner - Resolutions and Ordinances
K. ORDINANCE-SECOND READING
1. Purchasing Procedures Amendment Modification of Ordinance 490.2004 An Ordinance of the Town Council of the Town of Golden Beach, Florida amending article VII “Finance”, Division 2 “Purchasing Procedures”, Section 2-266 “Application, Exceptions” by authorizing the town manager and mayor to acquire and/or purchase goods, materials or services without council approval provided certain thresholds are met; providing for severability; providing for inclusion into the code; providing for conflict; providing an effective date.
Councilman Singer moved to approve. Second by Councilman Iglesias
OPEN TO THE PUBLIC
None
CLOSED TO THE PUBLIC
Vote of the Council: 5/0 all ayes.
2. Creation of Section 2-257 Chapter 2 entitled “Administration” establishing Public Records Request Fees An Ordinance of the Town Council of the Town of Golden Beach, Florida Creating Section 2-257 in Chapter 2 Entitled "Administration", Article VII “Finance” by Creating Fees For Public Record Requests; providing for severability; providing for inclusion into the code; providing for conflict; and providing an effective date.
Councilman Singer moved to approve. Second by Councilman Einstein
OPEN TO THE PUBLIC
None
CLOSED TO THE PUBLIC
Vote of the Council: 5/0 all ayes.
3. Early Voting Exemption An Emergency Ordinance of the Town Council of the Town of Golden Beach, Florida authorizing and approving exemption of Town Mayoral and Council Elections from the provisions of Section 101.657, Florida Statutes, pertaining to early voting for the February 15, 2005 Municipal Election; providing for severability; providing for conflict and providing an effective date.
Councilman Einstein moved to approve. Second by Councilman Singer.
OPEN TO THE PUBLIC
None
CLOSED TO THE PUBLIC
Vote of the Council: 5/0 all ayes.
L. CONSENT AGENDA
4. Change in Law Firm Names for Town Attorney A Resolution of the Town Council of the Town of Golden Beach, Florida substituting Bakalar & Eichner, P.A. as Town Attorney under the same terms and conditions of the previously executed agreement approved in resolution 1256.00 on October 2, 2000; providing for severability; providing for conflict; and providing an effective date.
5. Ratification of the Appointment of Finance Director A Resolution of the Town Council of the Town of Golden Beach, Florida ratifying the prior appointment of Maria Camacho as Finance Director; providing for severability; providing for conflict; providing an effective date.
6. Approval of November 16, 2004 Minutes
7. Amendment to Resolution 1653.04 A Resolution of the Town Council of the Town of Golden Beach, Florida Amending Resolution No.: 1653.04 by amending the sale of the vehicles to El Portal, University of Central Florida or other governmental agency in lieu of the Miccosukee Tribe; providing an effective date.
8. Approval of Mutual Aid Agreement with Miami Shores Police Department A Resolution of the Town Council of the Town of Golden Beach, Florida authorizing the Mayor and Police Chief to execute a Mutual Aid agreement between the Town of Golden Beach and the Village of Miami Shores, Florida; providing for severability; providing for conflict; providing an effective date.
9. Approval of the Extension of the Mutual Aid Agreement with Miami-Dade County Police Department A Resolution of the Town Council of the Town of Golden Beach, Florida authorizing the Mayor and Police Chief to execute a Mutual Aid agreement between the Town of Golden Beach and Miami Dade County, Florida; providing for severability; providing for conflict; providing an effective date.
10. Approval of Akerman Senterfitt Labor Attorney Fees A Resolution of the Town Council of the Town of Golden Beach, Florida authorizing and approving payment to Akerman Senterfitt for legal services rendered as shown on composite exhibit "A" and providing an effective date.
11. Approval of the Agreement with DCA pertaining to Disaster Relief Funds A Resolution of the Town Council of the Town of Golden Beach, Florida authorizing the Mayor to sign the State of Florida Department of Community Affairs Disaster Relief Funding Agreement, Agreement No. ____________; providing for conflict; providing and effective date.
12. Approval of Stuart Michelson’s Legal Bills A Resolution of the Town Council of the Town of Golden Beach, Florida authorizing and approving payment of Legal Fees to Stuart R. Michelson, Esquire in the amount of $20,882.19 pursuant to invoices submitted to the Town on November 18, 2004; providing for severability; providing for conflict; and providing an effective date.
13. Approval of Shubin & Bass’ Legal Bills A Resolution of the Town Council of the Town of Golden Beach, Florida authorizing and approving payment to Shubin & Bass, P.A. in the sum of $11,321.09 pursuant to invoices submitted to the Town on November 30, 2004, copies of which are attached as composite Exhibit “A”; providing an effective date.
14. Approval of Craig A. Smith’s Monthly Bills A Resolution of the Town Council of the Town of Golden Beach, Florida authorizing and approving payment to Craig A. Smith and Associates in the sum of $12,156.47 pursuant to invoices submitted to the Town, copies of which are attached as composite Exhibit “A”; providing an effective date.
Councilman Iglesias moved to approve Consent Agenda Items 4-14. Second by Councilman Singer. 5/0 all ayes.
M. RESOLUTIONS: QUASI-JUDICIAL-NONE
N. RESOLUTIONS: MISCELLANEOUS
Town Clerk Szabo read the following Resolution into the record:
15. Approval to pay the balance due in the 1996 Capital Improvement Bond A Resolution of the Town Council of the Town of Golden Beach, Florida Authorizing and Approving the Town Administration through the Town Manager to pay the Balance Due in the Amount of $249,516.67 for the Capital Improvement Revenue Bonds, Series 1996; providing for severability; providing for conflict; providing an effective date.
Councilman Iglesias moved to approve. Second by Councilman Einstein.
Vote of the Council: 5/0 all ayes.
Town Clerk Szabo read the following Resolution into the record:
16. Approval to Hire Roberts, Reynolds Et Al for legal representation on Shelomovitz v. Town of Golden Beach A Resolution of the Town Council of the Town of Golden Beach, Florida authorizing and approving hiring Roberts, Reynolds et al to assume representation and defense of the Town in Shelomovitz v. Town of Golden Beach; providing an effective date.
Mayor Addicott moved to approve the Resolution. Second by Councilman Singer. 5/0 all ayes.
Mayor Addicott directed the retainer rate to be set forth in the resolution.
Town Clerk Szabo read the following Resolution into the record:
17. Agreement with American Society of Composers, Authors, and Publishers (ASCAP) A Resolution of the Town Council of the Town of Golden Beach, Florida authorizing the Mayor to sign a license agreement with American Society of Composers, Authors and Publishers (ASCAP) in the amount of $260.00 to obtain the necessary permission for public performances of copyrighted music; providing for severability; providing for conflict; providing an effective date.
Mayor Addicott moved to table this item until the next regularly scheduled meeting. Second by Councilman Singer. 5/0 all ayes.
Town Clerk Szabo read the following Resolution into the record:
18. Approval to hire CAS to prepare FEMA Pre-Disaster Funding Application A Resolution of the Town Council of the Town of Golden Beach, Florida authorizing the Mayor and Town Manager to enter into an agreement with and authorizing payment to Craig A. Smith and Associates in an amount not to exceed $12,000.00 plus expenses for engineering, surveying and technical services related to the preparation and submission of a FEMA pre-disaster funding application; providing for severability; providing for conflict; providing an effective date.
Steve Smith, Craig A. Smith & Associates (CAS), gave a quick summary of this item and its potential.
Mayor Addicott moved to approve the resolution. Second by Councilman Iglesias. 5/0 all ayes.
Town Clerk Szabo read the following Resolution into the record:
19. Disposal of Surplus Property A Resolution of the Town Council of the Town of Golden Beach, Florida authorizing the sale of surplus personal property shown on Exhibit “A” pursuant to Article VIII, Personal Property, of the Code of Ordinances of the Town of Golden Beach, Florida; providing for severability; providing for conflict; and providing an effective date.
Mayor moved to amend the Resolution replacing the town manager with the town clerk for disposal of property. Second by Councilman Singer. 5/0 all ayes.
Mayor Addicott moved to approve the amended the Resolution. Second by Councilman Singer.
O. DISCUSSION AND DIRECTION
20. Approval to submit DERM Application Permit for Police Boat Dock
Councilman Singer moved to approve the DERM application submission for the location at the Strand. Second by Vice Mayor Paruas. 5/0 all ayes.
21. Building Department Reorganization
Town Manager Wilbanks-Free explained this item is to take any Council input concerning the reorganization of the Building Department. Town Manager Wilbanks-Free has placed Ms. Epperson as a department head. Mr. Daniel Nieda has agreed to consider the position for $42,000.00.
Town Manager Free explained that she is shifting the Code Enforcement to the Police Department. Chief Skinner readily accepted the responsibility.
Councilman Einstein asked for his pay. Mayor said $42,000.00 with a $58,000.00 savings. Town Manager Free explained no benefits. Mayor read into the record that Mr. Nieda can successfully administer the Building Department on a part-time basis with an annual compensation of $42,000.00. Councilman Einstein asked if he will be attending Town Council Meetings to address Building Variances. Town Manager replied yes.
22. Protocol for Candidate’s Forum
Mayor Addicott asked for a volunteer from staff to come forward to set it up tomorrow. Town Manager’s Assistant Zoraya Roncallo volunteered to coordinate the forum.
Town Attorney Eichner advised that the person or group contacted should work all the details out with the candidates.
23. Consideration of amending seawall ordinance
Mayor Addicott asked Steve Smith if his firm would be able to address the sufficiency of the data in the ordinance, specifically if 4’ NVGD is sufficient to prevent the water from coming over the seawall. Town Attorney Eichner suggested once we get an idea whether 4’ NVGD is a valid number from CAS. Then let him research other towns with waterways to find out how they go about requiring people to correct the problem.
24. Approval of a General Lobbyist for the Town of Golden Beach
Mr. Dave Caserta proposed the following: For the next four months; Feb, March, April and May; be hired for session only at a cost of $2400 per month plus expenses which keeps us below the $10,000 and allows us to achieve our goal of getting up to Tallahassee and moving policy and budget issues.
Mr. Dave Caserta proposed the following at the January 18, 2005 Regular Town Council Meeting, Item 24:
For the next four months; Feb, March, April and May; be hired for session only at a cost of $2400 per month plus expenses NTE $10,000.
Consensus of Council: To allow and authorize the town manager to negotiate and enter into an agreement with Mr. Caserta in an amount NTE $10,000. This will be a fee for four months paid on a monthly basis.
P. ADJOURNMENT
Councilman Singer moved to adjourn at 10:10 p.m. Second by Councilman Iglesias. 5/0 all ayes.
ATTEST:
Cathy Szabo
Town Clerk Cathy Szabo, CMC
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