TOWN OF GOLDEN BEACH
One Golden Beach Drive
Golden Beach, FL 33160
OFFICIAL MINUTES
APRIL 19, 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 Members: Mayor Glenn Singer, Vice Mayor Judy Lusskin, and Councilmember Ben Einstein Absent: 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, and Town Clerk Cathy Szabo
C. PLEDGE ALLEGIANCE TO THE FLAG
Chief Skinner led the Pledge.
D. PRESENTATIONS
Chief Skinner presented commendations to Executive Assistant Sheila Pirrone and Officer Orlando Martinez for their assistance during the Holiday Season.
E. ADDITIONS/DELETIONS/REMOVAL OF ITEMS FROM CONSENT AGENDA/ CHANGES TO BE MADE TO AGENDA
Town Manager Wilbanks-Free requested removal of items #10 Approval of the EAR Plan Amendments and #11 Emergency Repair of Stormwater Pipe.
F. TOWN BOARD/COMMITTEE REPORTS
· Golden Beach Youth Leadership Group-Ethan Addicott
· Recreation Committee-Dina Nicolella
· Security/Public Safety Committee-George Slattery
G. GOOD AND WELFARE
· Margaret Guarino, 650 Golden Beach Drive
· Sydell Herrick, 625 Ocean Boulevard
· Amy Rojas, 600 Golden Beach Drive
· Sebastian Scemla, 210 Ocean Boulevard
· Lisa Libutti, Town Receptionist
· Dr. Feinman, 475 Ocean Boulevard
H. MAYOR’S REPORT
Mayor Glenn Singer
I. COUNCIL COMMENTS
Vice Mayor Lusskin
Councilman Einstein
Building Official Dan Nieda
J. TOWN MANAGER REPORT
Bonilyn Wilbanks-Free
K. TOWN ATTORNEY REPORT
Paul Eichner, Esq.
L. ORDINANCES – FIRST READING
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 approve, Second by Vice Mayor Lusskin
OPEN PUBLIC HEARING
· Dr. Feinman
· Sydell Herrick
CLOSE PUBLIC HEARING
Vote of the Council: 3/0 all ayes, Councilman Iglesias and Councilman Paruas absent
M. CONSENT AGENDA
2. Approval of Minutes:
1. March 15, 2005 Ethics Workshop
2. March 15, 2005 Special Town Council Meeting
3. March 15, 2005 Regular Town Council Meeting
4. April 5, 2005 Special Town Council Meeting
3. 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 $7,867.88 pursuant to invoices submitted to the Town on January 31, 2005 and February 28, 2005, copies of which are attached as composite Exhibit “A”; providing for severability; providing for conflict; and providing an effective date.
4. Akerman Senterfitt Legal Bills A Resolution of the Town Council of the Town of Golden Beach, Florida authorizing and approving payment to Akerman Senterfitt in the sum of $7,867.88 pursuant to an invoice submitted to the Town on March 24, 2005, a copy of which is attached as composite Exhibit “A”; providing for severability; providing for conflict; and 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 $22,128.05 pursuant to a Statement of Account submitted to the Town on March 22, 2005, copies of which is attached as composite Exhibit “A”; providing for severability; providing for conflict; and providing an effective date.
6. 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; and providing an effective date.
7. Payment of Roberts, Reynolds, Bedard & Tuzzio, P.A. A Resolution of the Town Council of the Town of Golden Beach, Florida authorizing and approving payment to Roberts, Reynolds, Bedard & Tuzzio, P.A. in the sum of $1,224.85 pursuant to an invoice submitted to the Town on March 14, 2005, a copy of which is attached as composite Exhibit “A”; providing for severability; providing for conflict; and providing an effective date.
Mayor Singer moved to approve Consent Agenda Items #2 to Second by Vice Mayor Lusskin 3/0 all ayes
N. RESOLUTIONS: QUASI-JUDICIAL
8. Variance Request 147 Golden Beach Drive A Resolution of the Town Council of the Town of Golden Beach, Florida; granting a variance request for the property located at 147 Golden Beach Drive, Golden Beach, Florida, GB Section “D”, Lot 29, Block 6, as recorded in PB 10-10 of the public records of Miami-Dade County; requesting relief from Town Code Section 66-136 which states that no portion of any building shall be closer that ten feet from the side of any lot or combination of lots; request is to allow a covered walkway entry to encroach into the south side setback at 3’9” in lieu of the 10’ required by code; providing for conflict; providing for severability and providing an effective date.
Mayor Singer moved to approve, Second by Vice Mayor Lusskin
OPEN TO THE PUBLIC
None
CLOSE TO THE PUBLIC
Vote of the Council: 2/1; Mayor Singer nay, Vice Mayor Lusskin aye, Councilman Einstein aye, Councilman Iglesias and Councilman Paruas absent. Motion fails.
9A. Variance Request 520 North Parkway A Resolution of the Town Council of the Town of Golden Beach, Florida; granting a variance request for the property located at 520 North Parkway, Golden Beach, Florida, GB Section “E”, Lot 20, Block E, as recorded in PB 10-11 of the public records of Miami-Dade County; requesting relief from Town Code Section 66-136 which states that no portion of any building shall be closer that ten feet from the side of any lot or combination of lots; request is to allow a structure measuring approximately 15 square feet to encroach 7’9” into the side setback on the east side of the property; providing for conflict; providing for severability and providing an effective date.
Mayor Singer moved to approve, Second by Councilman Einstein
OPEN TO THE PUBLIC
None
CLOSE TO THE PUBLIC
Vote of the Council: 3/0 all ayes, Councilman Iglesias and Councilman Paruas absent.
9B. Variance Request 520 North Parkway A Resolution of the Town Council of the Town of Golden Beach, Florida; granting a variance request for the property located at 520 North Parkway, Golden Beach, Florida, GB Section “E”, Lot 20, Block E, as recorded in PB 10-11 of the public records of Miami-Dade County; requesting relief from Town Code Section 66-136 which states that no portion of any building shall be closer that ten feet from the side of any lot or combination of lots; request is to allow a structure measuring approximately 31 square feet to encroach 6’10” into the side setback on the east side of the property; providing for conflict; providing for severability and providing an effective date.
Mayor Singer moved to approve, Second by Vice Mayor Lusskin
OPEN TO THE PUBLIC
None
CLOSE TO THE PUBLIC
Vote of the Council: 3/0 all ayes, Councilman Iglesias and Councilman Paruas absent.
9C. Variance Request 520 North Parkway A Resolution of the Town Council of the Town of Golden Beach, Florida; granting a variance request for the property located at 520 North Parkway, Golden Beach, Florida, GB Section “E”, Lot 20, Block E, as recorded in PB 10-11 of the public records of Miami-Dade County; requesting relief from Town Code Section 66-139 which states that for lots in Blocks E, F, G, H, J, K, L, and M, no building or part thereof including garages shall be erected less than 35 feet from the Intracoastal Waterway and canals and 35 feet from the front property line; request is to allow a 27’6” front setback in lieu of the 35 feet required by code; providing for conflict; providing for severability and providing an effective date.
Mayor Singer moved to approve, Second by Vice Mayor Lusskin
OPEN TO THE PUBLIC
None
CLOSE TO THE PUBLIC
Vote of the Council: 3/0 all ayes, Councilman Iglesias and Councilman Paruas absent.
O. RESOLUTIONS: MISCELLANEOUS
10. Approval of the EAR Plan Amendments A Resolution of the Town Council of the Town of Golden Beach, FL, acting in its capacity as the designated Local Planning Agency of the Town of Golden Beach, Florida recommending approval of the proposed Evaluation and Appraisal Report for the Town of Golden Beach Comprehensive Plan; authorizing the Town’s Consultant Planner to transmit the draft report to the Department of Community Affairs and other required review agencies for comment prior to adoption; authorizing the transmittal of the draft report to the Town Council as part of the Comprehensive Plan Process in accordance with Section 163.3191, Florida Statutes; providing for severability; providing for conflicts; and providing an effective date.
11. Emergency Repair of Stormwater Pipe A Resolution of the Town Council of the Town of Golden Beach, Florida, pursuant to Section 2-275 of the code of Ordinances providing for a waiver of the Purchasing and Bidding Procedures and an Award of a Contract to Metro Equipment service, Inc. for the spot repair on the existing 30” HDPE Pipe as described in the April 5, 2005 correspondence from Metro Equipment Service, Inc. to Craig A. Smith & Associates; providing for severability; providing for conflicts; and providing an effective date.
12. Approval and Authorization of Submittal of a Grant Application for the Golden Beach Police Boat and Dock Project A Resolution of the Town Council of the Town of Golden Beach, Florida approving and authorizing submittal of this Resolution to the Florida Inland Navigation District Waterways Assistance Program; providing for severability; providing for conflicts; and providing an effective date.
Mayor Singer moved to approve, Second by Vice Mayor Lusskin. 3/0 all ayes Councilman Iglesias and Councilman Paruas absent
13. Award of Stormwater Phase 3 & 4 Bid A Resolution of the Town Council of the Town of Golden Beach, FL, authorizing and approving the Award of Bid for the Stormwater Phase 3 & 4 to ___________ in a sum not to exceed ____________ pursuant to a previously issued Request For Proposal; providing for severability; providing for conflicts; and providing an effective date.
Mayor Singer moved to insert Metro Contractors and $2,031,742.00, Second by Vice Mayor Lusskin. 3/0 all ayes Councilman Iglesias and Councilman Paruas absent
Mayor Singer moved to approve, Second by Vice Mayor Lusskin. 3/0 all ayes Councilman Iglesias and Councilman Paruas absent
14. Award of Pavers Bid A Resolution of the Town Council of the Town of Golden Beach, FL, authorizing and approving the Award of Bid to _________________ in the amount of _____________for the Pavers Replacement at the Strand; providing for severability; providing for conflicts; and providing an effective date.
Mayor Singer moved to table to next meeting, Second by Councilman Einstein, 3/0 all ayes; Councilman Iglesias and Councilman Paruas absent
P. DISCUSSION AND DIRECTION
15. Payment of Attorney Fees for Dr. Feinman
Mayor Singer moved to approve reimbursement, Second by Vice Mayor Lusskin, 3/0 all ayes; Councilman Iglesias and Councilman Paruas absent
16. Change in the Per Diem Rate for Employees
Administration will draft First Ordinance to be presented at next meeting.
17. Removal of Council Members from Pension Boards
Mayor directed Town Manager to get written opinion on composition of Pension Board.
Q. ADJOURNMENT
Mayor Singer moved to adjourn, Second by Councilman Einstein 3/0 all ayes
ATTEST:
Cathy Szabo
Cathy Szabo, CMC
Town Clerk
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