TOWN OF GOLDEN BEACH
One Golden Beach Drive
Golden Beach, FL 33160
OFFICIAL MINUTES
MAY 17, 2005
REGULAR TOWN COUNCIL MEETING
7:30 P.M.
MEETING CALLED TO ORDER
Mayor Glenn Singer called the meeting to order at 7:40 p.m.
ROLL CALL
Council Members: 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, and Town Clerk Cathy Szabo
PLEDGE ALLEGIANCE TO THE FLAG
Chief Skinner led the Pledge.
PRESENTATIONS
None
ADDITIONS/DELETIONS/REMOVAL OF ITEMS FROM CONSENT AGENDA/ CHANGES TO BE MADE TO AGENDA
Councilman Iglesias made a motion to move item #13 Appointment of Town Attorney to #7A, second by Vice Mayor Lusskin. All in favor 5/0
Councilman Iglesias made a motion to defer items #14 Allowance of Temporary Structure & 15 Lowering of Speed Limit. Motion fails for lack of second.
Councilman Iglesias moved to pull item #7 Donation to NMB Little League. Council will address at time of consent agenda.
Town Manager requested to pull item #4 Approval of Michelson Bills
TOWN BOARD/COMMITTEE REPORTS
None
GOOD AND WELFARE
· Oded Meltzer, 122 Golden Beach Drive, antiquated codes
· Sydell Herrick, 625 Ocean Boulevard, request council to revisit film ordinance
· Malka Porges, 334 S. Parkway & 435 Center Island Drive, Stormwater Project
MAYOR’S REPORT
· Introduced Receptionist Victoria Tortorici
· Thanked Finance Director and Town Manager for their assistance in Tallahassee
· Guardhouse Brick Pavers Grant, fDOT Grant, and Bike Path Grant
· May-Police Awareness Month
· Marine Patrol Boat
COUNCIL COMMENTS
Councilman Iglesias
· Thanked Town Manager, Finance Director and Mayor for obtaining funding
· Hedge Height Moratorium
Vice Mayor Lusskin
· Thanked all volunteers who serve on committees and suggested an appreciation day event
· ISO rating
· Speed Trailer
· Update Website
· Hedge Height Moratorium
· Memorial Day Event
· Dog Park
· Police Substation image
Councilman Einstein
· Thanked Mayor for obtaining funding
· Revise antiquated codes
· Response time
· Stormwater Project
Councilman Paruas
· Stormwater Project
· User fees/parking update
Building Official Dan Nieda
TOWN MANAGER REPORT
· Public Works Week May 15-21
· Mr. Miller to assist in Ordinance review
· Mayor’s letter to Governor- please do not veto
· Stormwater Phase 3 & 4
· FEMA Grant
· Veronna Bridge traffic flow
· Zip Code update
Chief Skinner
· Crime Report
· Police Boat training
· License scanning equipment installed at gatehouse
· Police vacancies
K. TOWN ATTORNEY REPORT
None
ORDINANCES – SECOND 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.
Councilman Einstein requested a flyer to be given to landscapers in English and Spanish.
No owner or resident shall permit any garden trash clippings, palm fronds and tree limbs or trimmings as well as other rubbish not conductive to containerization to be placed curbside or on the edge of property lines for pickup between Friday after 2:00 pm to Sunday, 6:00 pm or on any legal holidays as determined by the Town of Golden Beach.
Mayor Singer moved to amend, second by Councilman Iglesias 4/1, Councilman Paruas nay.
OPEN PUBLIC HEARING
None
CLOSE PUBLIC HEARING
Mayor Singer moved to approve as amended, second by Vice Mayor Lusskin, 4/1 Councilman Paruas nay.
ORDINANCES– FIRST READING
1. Travel Per Diem for Town Staff An ordinance of the of the Town of Golden Beach, Florida creating a new Section 2-258 “Travel Reimbursement” in Article VII “Finance” providing standards for reimbursement of travel expenses and establishing amounts; providing for severability; providing for inclusion into the code; providing for conflict; and providing an effective date.
OPEN PUBLIC HEARING
None
CLOSE PUBLIC HEARING
Mayor Singer moved to approve, second by Vice Mayor Lusskin, 5/0 all ayes.
RESOLUTIONS-MISCELLANEOUS
10. Approval of the EAR Plan Amendments. A Resolution of the Town Council of the Town of Golden Beach, Florida 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.
Mayor Singer moved to approve, second by Councilman Paruas 5/0 all ayes.
CONSENT AGENDA
Mayor Singer moved to remove item #4 Michelson Bills, second by Councilman Iglesias, 5/0 all ayes
Mayor Singer made a motion to move item #7 to item #13, second by Councilman Iglesias, 5/0 all ayes
3. Approval of April 19, 2005 Minutes.
4. Payment of legal fees for Stuart Michelson. 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 $45,761.38 pursuant to invoices submitted on April 25 2005; 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 $27,395.50 pursuant to invoices submitted to the Town, copies of which are attached as composite Exhibit “A”; providing an effective date.
6. 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 5th, 2005 correspondence from Metro Equipment Service, Inc. to Craig A. Smith & Associates; providing for severability; providing for conflict; providing an effective date.
Mayor Singer moved to approve Consent Agenda Items 3, 5, & 6. Second by Vice Mayor Lusskin 5/0 all ayes
RESOLUTIONS: MISCELLANEOUS
7A. Appointment of Town Attorney. A Resolution of the Town Council of the Town of Golden Beach, Florida appointing _______________ as Town Attorney; providing for execution of an Attorney Fee Agreement; providing for severability; providing for conflicts; and providing an effective date.
Mayor Singer moved to insert Weiss, Serota, Helfman, Pastoria, Guedes, Cole & Boniske, second by Vice Mayor Lusskin, 5/0 all ayes.
Mayor Singer moved to approve as amended, second by Councilman Iglesias, 5/0 all ayes
Attorney Stephen Helfman gave a brief presentation on the firm and introduced his partner Mitchell Bierman.
RESOLUTIONS: QUASI-JUDICIAL
8. Variance Request 674 Ocean Boulevard A Resolution of the Town Council of the Town of Golden Beach, Florida; granting a variance request for the property located at 647 Ocean Boulevard, Golden Beach, Florida, GB Section “A”, Lots 15 & 16, Block 1, as recorded in PB 9-52 of the Public Records of Miami-Dade County; requesting relief from Town Code Section 66-69(3) whereby the second floor of lots less than 100 feet of front footage shall not exceed 65% of the ground floor living area; request is to allow 69.7% in lieu of the maximum 65% permitted by Code; providing for conflict; providing for severability; providing an effective date.
OPEN PUBLIC HEARING
None
CLOSE PUBLIC HEARING
Councilman Einstein moved to approve, second by Councilman Paruas, 1/4 Einstein aye. Motion fails.
9. Variance Request 338 South Parkway A Resolution of the Town Council of the Town of Golden Beach, Florida; granting a variance request for the property located at 338 South Parkway, Golden Beach, Florida, GB Section “E”, lot 38, Block G, as recorded in PB 8-122 of the Public Records of Miami-Dade County; requesting relief from Town Code Section 66-69(3) whereby the second floor of lots less than 100 feet of front footage shall not exceed 65% of the ground floor living area; request is to allow 66.9% in lieu of the maximum 65% permitted by Code; providing for conflict; providing for severability; providing an effective date.
OPEN PUBLIC HEARING
None
CLOSE PUBLIC HEARING
Mayor Singer moved to approve, second by Councilman Iglesias, 5/0 all ayes.
RESOLUTIONS: MISCELLANEOUS
11. Award of Pavers Replacement at the Strand. A Resolution of the Town Council of the Town of Golden Beach, Florida authorizing an award of bid to _________________ in the amount of ____________for the Pavers Replacement at the Strand; providing for severability; providing for conflict; providing an effective date.
12. Approval of Budget Transfer. A Resolution of the Town Council of the Town of Golden Beach, Florida authorizing the Town Manager to transfer a total of One Hundred Fifty Thousand Dollars ($150,000.00) from the Town Hall/Pavilion Renovation Account No.: 001-519-925000 to the Special Counsel/Labor Account. No.: 001-514-312000 in the amount of One Hundred Fifty Thousand Dollars ($150,000.00) for legal fees exceeding the Budget amount; providing for severability; providing for conflict; and providing an effective date.
Mayor Singer moved to approve, second by Councilman Iglesias, 5/0 all ayes.
13. Resolution for Optimist Little League Donation. A Resolution of the Town Council of the Town of Golden Beach, Florida authorizing the payment of $1,500.00 to the North Miami Beach Optimist Little League; providing for severability; providing for conflict; providing an effective date.
Councilman Singer moved to approve, second by Councilman Einstein 5/0 all ayes.
DISCUSSION AND DIRECTION
14. Allowance of Temporary Structures
Mr. Miller will be addressing this item during ordinance review.
15. Lowering of Town Speed Limit
Chief Skinner will check with FHP for information.
ADJOURNMENT
Mayor Singer moved to adjourn at 9:50 pm, Second by Councilman Einstein 5/0 all ayes
ATTEST:
Cathy Szabo
Cathy Szabo, CMC
Town Clerk
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