TOWN OF GOLDEN BEACH
One Golden Beach Drive
Golden Beach, FL 33160
OFFICIAL MINUTES
MARCH 15, 2005
REGULAR TOWN COUNCIL MEETING
7:30 P.M.
A. MEETING CALLED TO ORDER
Mayor Glenn Singer called the meeting to order at 7:50 p.m.
B. ROLL CALL
Council: Mayor Glenn Singer, Vice Mayor Judy Lusskin, Councilmember Ben Einstein, Councilmember Joe Iglesias, and Councilmember Al Paruas
Staff: Town Manager Bonilyn Wilbanks-Free, Police Chief James Skinner, Town Attorney Paul Eichner, Building Official Dan Nieda, Finance Director Maria Camacho, Assistant to the Town Manager Zoraya Roncallo, and Town Clerk Cathy Szabo
C. PLEDGE ALLEGIANCE TO THE FLAG
Chief Skinner led the Pledge.
D. PRESENTATIONS BY CHIEF SKINNER
Postponed to the next Regular Town Council Meeting.
E. ADDITIONS/DELETIONS/REMOVAL OF ITEMS FROM CONSENT AGENDA/ CHANGES TO BE MADE TO AGENDA
None
F. TOWN BOARD/COMMITTEE REPORTS
Recreation Committee, Vice Mayor Lusskin announced new co-chairs Dina Nicolella and Andrea Bernal. Pot Luck Dinner will be held on Sunday April 3rd at 4:30 pm at the Beach Pavilion.
Town Clerk Szabo read the Beautification Committee Report by Chairperson Dale Newberg into the record regarding the committee’s 2005 wish list and current projects.
Town Clerk Szabo read the Security/Public Safety Committee Report by Chairperson George Slattery into the record regarding the updated Security Survey and CCTV monitoring.
Town Clerk Szabo read the Beach Committee’s Report by Chairperson Stanley Feinman into the record requesting a date for the Beach Pavilion Renovation.
Vice Mayor Lusskin read the Golden Beach Youth Leadership Report by co-chair Ethan Addicott regarding their current projects.
G. GOOD AND WELFARE
Sydell Herrick, 625 Ocean Boulevard, dogs on the beach, opposes movie-making business in Golden Beach, request separate zip code for Golden Beach
Josie Kuenneth, 300 Ocean Boulevard, reported film ordinance abuses
Willie Ivory, Ivory Construction Company, requested to be on the April Agenda
Luis Martinez, State Attorney’s Office-Community Outreach Program
H. MAYOR’S REPORT
Mayor Singer requested an update on the current town projects. Reported on Security Company regarding attire, attitude, and security improvement, Beach Pavilion Project biding by the Town Manager, and new street signs completed. Requested residents to notify police and town hall regarding dogs on the beach. Directed staff to follow-up on film ordinance complaints. Requested Justice in Motion Child ID Program. Requested residents to contact him on any important issues to continue making progress.
I. COUNCIL COMMENTS
Councilman Iglesias thanked Council, staff and residents for the flowers and get well wishes for his wife Dr. Penny Tenzer Iglesias. Requested police chief to enforce helmets. Reported on a resident complaint and requested increased beach patrols.
Vice Mayor Lusskin commended the police that the landscaping trucks are no longer parking on the street. The new grass at the Strand is an improvement. Reported on Sunny Isles Beach requesting separate zip code. Researched Community Education Programs: security services, elderly reassurance; and youth programs funneled through the Police Department. Requested auto external defibulators (AED’s) in police cars and Town Hall. Police Chief Skinner reported that the Police Department has two AED’s and will check on their locations and get a written report back to the Town Manager.
Councilman Paruas suggested sending a letter of notice to the filming companies. New speed trailer on Golden Beach Drive improves traffic safety. Request an update on the Stormwater Project, and an update on the Police Boatlift and Permits. Request a date of completion regarding the Rock Park Project (Massini Ave and Golden Beach Drive).
Councilman Einstein requested deadlines regarding code enforcement on vacant lots in Golden Beach and no trespassing signs. Advised residents to report filming abuses. New street signage and grass on the Strand are an improvement. Condolences to the Young family. Jackie Einstein achieved one of the top 50 community service leaders in the US and will be representing Florida in Washington DC regarding organ donation.
Mayor Singer thanked Ken Jones for all his hard work on beautification in town.
J. TOWN MANAGER REPORT
Town Manager Wilbanks-Free reported that the A1A Welcome Signage contractual agreement has been signed and has been estimated at four weeks to completion; RFP/quotes are in the process to bring electric to the signage. Councilman Paruas requested an additional conduit. Emergency contact magnets will be sent to the residents with important phone numbers. The Stormwater Phase III & IV is in the bidding process and the bids will be opened tomorrow at 3:00 pm in the council chambers. There is also going to be a bid opening on the entryway pavers/stamped asphalt/concrete on March 28 at 3:00 p.m. in the council chambers. The RFP for the Beach Pavilion has been completed and is being reviewed by the Town Attorney and will be ready in approximately a week and will move forward with advertising. Regarding the filming industry abuses reported by
Ms. Kuenneth has been dealt with. In addition, every film permit has a handwritten warning regarding adjoining property and a parking plan is attached to every permit.
K. TOWN ATTORNEY REPORT
None
Mayor Singer requested Town Attorney Eichner to expedite the RFP for the Beach Pavilion. Attorney Eichner received it on Friday and spoke to the Building Official whom did not have an opportunity to review it. Building Official Nieda will get a copy and report back his input to Town Attorney Eichner upon his review. Councilman Paruas also requested a copy.
L. ORDINANCES – FIRST READING
Town Clerk Szabo read the following ordinance into the record:
1. Amending Chapter 26, Section 26-32. An Ordinance of the Town Council of the Town of Golden Beach, Florida amending Chapter 26, Article II, Section 26-33 “Horticulture Trash, Rubbish” by amending Section 26-32 adding language that prohibits the placement of curbside horticultural trash and other rubbish after certain hours; providing for enforcement by code enforcement; providing for severability; providing for inclusion into the code; providing for conflict; and providing an effective date.
Mayor Singer moved to open for discussion, second by Councilman Paruas.
Councilman Paruas objected to the prohibition of the placement of curbside horticultural trash on the weekends and suggested placement allowed late Sunday night instead of Monday morning.
Vice Mayor Lusskin objected to trash being left curbside. Suggested trash be kept on the side of the home and put out Monday morning and reported that Bal Harbour does not allow it, only on Wednesdays.
Councilman Einstein asked what would happen if a palm frond falls in front of your home on the weekends.
Councilman Iglesias suggested no tolerance for landscapers and leniencies for residents.
Councilman Einstein asked if residents are allowed to leave items such as washing machines curbside.
Councilman Iglesias suggested these items only be allowed to be left on Monday mornings and trash days.
Open to the Public
Alene Fishbein, 256 Golden Beach Drive, suggested a letter to the residents
Close to the Public
Mayor Singer moved to approve ordinance on first reading, dies for lack of second.
Town Attorney Eichner suggested councilmembers send their input through the town manager.
Town Manager Wilbanks-Free suggested council input and table this item to the next meeting.
Councilman Iglesias moved to table until next Regular Town Council Meeting, second by Councilman Paruas, 5/0 all ayes
M. CONSENT AGENDA
2. Payment of legal fees A Resolution of the Town Council of the Town of Golden Beach, Florida authorizing and approving payment of legal fees and costs to Stuart R. Michelson, Esquire in the amount of $22,493.63 pursuant to invoices submitted on February 24, 2005; providing for severability; providing for conflict; and providing an effective date.
3. Approval of Minutes February 22, 2005 Special Town Council Meeting and February 22, 2005 Regular Town Council Meeting
4. Mutual Aid Agreement with Indian Creek Village. A Resolution of the Town Council of the Town of Golden Beach, Florida authorizing the Mayor and Police Chief to sign a Mutual Aid Agreement between the Town of Golden Beach and Indian Creek Village, Florida; providing for severability; providing for conflict; providing an effective date.
5. Payment of Craig A. Smith 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 $11,218.12 pursuant to a statement of account submitted to the Town on February 15, 2005, copies of which are attached as composite Exhibit “A”; providing an effective date.
6. League of Cities Support. A Resolution of the Town of Golden Beach, Florida urging the Miami-Dade Legislative Delegation to persuade the Florida Legislature to utilize the 2004-2005 District Cost Differential until such time that a new and equitable calculation may be implemented; providing for the transmittal of the resolution; providing an effective date.
7. Homeland Security Agreement. A Resolution of the Town Council of the Town of Golden Beach, Florida approving the Town’s participation in the Homeland Security Oplan Home Field Advantage and authorizing the Mayor and/or proper town officials to execute related documents attached as Exhibit “A”; providing for severability; providing for conflicts; and providing an effective date.
Mayor Singer moved to approve Consent Agenda Items 2-7. Second by Councilman Iglesias, 5/0 all ayes.
N. RESOLUTIONS: QUASI-JUDICIAL
At the request of the applicant, items 8a & 8b have been removed from the agenda.
8a. Variance Request 429 Center Island Drive. A Resolution of the Town Council of the Town of Golden Beach, Florida; granting a variance request for the property located at 429 Center Island Drive, Golden Beach, Florida, GB Section “E”, lots 18 & 19, Block 1, as recorded in PB 8-122 of the public records of Miami-Dade County; requesting relief from Town Code Section 66-69(4) whereby the second floor of lots of 100 feet or greater front footage shall not exceed 70% of the ground floor living area; request is to allow 81.6% in lieu of the maximum 70% permitted by Code; providing for conflict; providing for severability and providing an effective date.
8b. Variance Request 429 Center Island Drive. A Resolution of the Town Council of the Town of Golden Beach, Florida; granting a variance request for the property located at 429 Center Island Drive, Golden Beach, Florida, GB Section “E”, lots 18 & 19, Block 1, as recorded in PB 8-122 of the public records of Miami-Dade County; requesting relief from Town Code Section 139, no building or part thereof including garages shall be erected less than 35 feet from the property line along the waters of the Intracoastal Waterway and canals and 35 feet from the front property line; request is to allow a gazebo to encroach 20 feet into the rear setback requirement of 35 feet; providing for conflict; providing for severability and providing an effective date.
Town Clerk Szabo read the following resolution into the record:
9a. Variance Request 540 Ocean Boulevard A Resolution of the Town Council of the Town of Golden Beach, Florida; granting a variance request for the property located at 540 Ocean Boulevard, Golden Beach, Florida, GB section “A”, Lots 11 and 12, Block 2, as recorded in PB 9-52 of the public records of Miami-Dade County; requesting relief from Town Code Section 66-101 house and garage floors (b) garage floor levels shall be at a minimum of 12 inches above the maximum elevation of the crown of the street fronting the property or at least at elevation 6 of the National Geodetic Vertical Datum (N.G.V.D.), whichever is the higher, except Zone 1 which shall meet the requirements of the Florida State Bureau of Beach and Coastal Systems of the Department of Environmental Protection or Federal Emergency
Management Agency (FEMA), whichever is the higher; request is to allow a garage finish floor elevation of 7.33’ N.G.V.D., in lieu of 9.0 N.G.V.D. as required by code; providing for conflict; providing for severability and providing an effective date.
Edward Nieto, Architect and Building Official Nieda were sworn in by Town Attorney Eichner.
Building Official Nieda read the summary he prepared from the Building Advisory Board Meeting.
Mayor Singer moved to approve, second by Councilman Iglesias
OPEN PUBLIC HEARING
Alene Fishbein, 256 Golden Beach Drive, suggested that a representative from the Building Advisory Board be present at Council Meetings.
CLOSE PUBLIC HEARING
Vote of the Council: 5/0 all ayes.
Town Clerk Szabo read the following resolution into the record:
9b. Variance Request 540 Ocean Boulevard A Resolution of the Town Council of the Town of Golden Beach, Florida; granting a variance request for the property located at 540 Ocean Boulevard, Golden Beach, Florida, GB section “A”, Lots 11 and 12, Block 2, as recorded in PB 9-52 of the public records of Miami-Dade County; requesting relief from Town Code Section 66-101 house and garage floors (a) the minimum elevation of the first floor level of residences shall comply with or conform to flood plan criteria and regulatory codes as set forth by Miami-Dade County, the state, and the united states government including the provisions of the national flood insurance program, the Florida Building Code, this Chapter, the Coastal Construction Code, and all other applicable provisions of this Code of
Ordinances. The maximum elevation of the first floor level of any residence in the town above the minimum elevation required by such regulatory codes shall be maintained as follows: (2) the maximum elevation of the first floor of residences to be constructed on lots in Zone Two adjacent to Ocean Boulevard shall be no higher than the permitted elevation as established by the Federal Emergency Management Agency, plus two feet, or two feet above the maximum elevation of the crown of the road adjacent to the lot, whichever is higher; request is to allow an elevation of 8.17’ NGVD, in lieu of the required 9.58’: providing for conflict; providing for severability and providing an effective date.
Building Official Nieda gave the same recommendation as 9a for the garage finished floor; 9b is for the principle structure finished floor, the first habitable level, to allow for 8.17’.
Councilman Iglesias moved to approve, second by Vice Mayor Lusskin
OPEN PUBLIC HEARING
None
CLOSE PUBLIC HEARING
Vote of the Council: 5/0 all ayes
O. RESOLUTIONS: MISCELLANEOUS
Town Clerk Szabo read the following Resolution into the record:
10. Approval of Mosquito Control Program for 2005 A Resolution of the Town Council of the Town of Golden Beach, Florida authorizing the Mayor to sign an Agreement with Clarke Environmental Mosquito Management, Inc. for mosquito control services for the 2005 season in the amount of $9,969.00; providing for severability; providing for conflict; providing an effective date.
Mayor Singer moved to approve, second by Vice Mayor Lusskin, 5/0 all ayes.
Vice Mayor Lusskin requested more regularity than last season. In addition the catch basins will be treated. Town Manager Wilbanks-Free reported that the spraying will begin soon and the schedule will be provided to the Council.
P. DISCUSSION AND DIRECTION
11. Payment of former Councilmember Feinman’s Attorney Fees
Town Manager Wilbanks-Free will send a formal letter to Dr. Feinman requesting proper documentation to justify expense including an explanation of ‘trust fund account’ check; and will provide to the Council: statute of limitation of potential claim, copy of report, current and prior E&O policy, and FLC presentation to Council.
Tabled to the next Regular Town Council Meeting.
Q. ADJOURNMENT
Councilman Iglesias moved to adjourn at 9:45 p.m., second by Mayor Singer, 5/0 all ayes.
ATTEST:
Cathy Szabo
Cathy Szabo, CMC
Town Clerk
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