TOWN OF GOLDEN BEACH
One Golden Beach Drive
Golden Beach, FL 33160
DRAFT MINUTES
DECEMBER 13, 2005
REGULAR TOWN COUNCIL MEETING
7:30 P.M.
CALL TO ORDER/ROLL CALL
Mayor Singer called meeting to order at 7:40 pm.
Council Members: Mayor Glenn Singer, Vice Mayor Judy Lusskin, Councilmember Camille Colella-Battista, Councilmember Ben Einstein (7:50 PM), and Councilmember Joe Iglesias
Staff: Town Manager Bonilyn Wilbanks-Free, Police Chief James Skinner, Town Attorney Stephen Helfman, Town Attorney assistant Tara Gould, Finance Director Maria Camacho, Assistant to the Town Manager Zoraya Roncallo, and Town Clerk Cathy Szabo.
PLEDGE ALLEGIANCE TO THE FLAG
Police Chief Skinner led the pledge.
PRESENTATIONS
Michael Addicott - Award for Mayor from 1999-2005
ADDITIONS/DELETIONS/REMOVAL OF ITEMS FROM CONSENT AGENDA/ CHANGES TO BE MADE TO AGENDA
Town Manager requested to remove item #11 Approval of Lease for Marine Patrol Boat from consent agenda to regular agenda. Council agreed to remove this item from the consent agenda and add this item to #15A.
TOWN BOARD/COMMITTEE REPORTS - NONE
· Beautification Committee - Dale Newberg, Chair
· Beach Committee-Councilmember Joe Iglesias, Chair
· Recreation Committee - Vice Mayor Judy Lusskin, Committee member
GOOD AND WELFARE
· Sydell Herrick, 625 Ocean Boulevard
· Sari Addicott. 155 Golden Beach Drive
· Sam Sorota, 20201 E Country Club Drive
· Michael Addicott, 155 Golden Beach Drive
· Dr. Stanley Feinman, 475 Ocean Boulevard
MAYORS REPORT
· Disappointed with FOP Vote of No Confidence against Police Chief Skinner
· Supports Chief Skinner
· Trash Ordinance Enforcement
· Beach Pavilion Update
· Happy and Healthy Holidays
· Abide by speed limit
COUNCIL COMMENTS
Councilmember Battista
· Code Workshops
· 615 Ocean BL
Councilmember Einstein
· Happy Holidays & Happy New Year
· Supports Chief Skinner regarding No Confidence Vote and Miami Herald article
Vice Mayor Lusskin
· Rock Park; Thanked Doris Cohen for donating two trees
· Attended December MDCLC meeting; electric upgrades, Disaster Preparedness, street lights and holiday lights, lift station gates, tennis courts, good & welfare concerns
Councilmember Iglesias
· Happy Birthday Andy Iglesias
· Happy Holidays & Happy New Year
· Encourages participation in New Years Eve Party
· Resident participation
· Rock Park
· East parking lot at Beach Pavilion
· Seawall Ordinance
· Thanked Michael Addicott
· Supports Chief Skinner
· Miami Herald article
Police Chief Skinner
· Responded to Councilmember Iglesias regarding Miami Herald Article
TOWN MANAGER REPORT
· Beach repairs update
· 615 Ocean BL update
· Signage update
· Rock park update
· Tennis Court Lighting update
· Hedge Height update
· Seawall Ordinance update
· Sydell Herrick, 625 Ocean BL Re: 615 Ocean BL. Mayor directed Town Manager to visit the site with the Code Enforcement Officer and take pictures.
ORDINANCES – SECOND READING
Town Clerk Szabo read the following Ordinance into the record:
1. Amendment of Section 2-46 of the Code. An Ordinance of the Town of Golden Beach, Florida, amending Section 2-46 “Administrative Rules, Procedures” of Chapter 2 “Administration” of the Town of Golden Beach Code of Ordinances, removing requirement that Special Meetings be held after 6:00 p.m.; providing for severability; providing for inclusion in the code; and providing for an effective date.
The Motion to adopt the foregoing Ordinance was offered by Mayor Singer, second for discussion by Councilmember Iglesias.
OPEN PUBLIC HEARING
Dr. Stanley Feinman, 475 Ocean BL
Neil Leff, 48 Terracina
CLOSE PUBLIC HEARING
Town Clerk Szabo called for the vote of the Council:
Mayor Singer Aye
Vice Mayor Lusskin Aye
Councilmember Colella-Battista Nay
Councilmember Einstein Aye
Councilmember Iglesias Nay
Town Clerk Szabo read the following Ordinance into the record:
2. Amendment of Article III of the Town Code. An Ordinance of the Town of Golden Beach, Florida, creating Division 7, “Security/Public Safety Committee”, of Article III, “Boards, Committees, Commissions”, of the Town Code of Ordinances; providing for the composition, organization, rules and duties of said Committee; providing for severability; providing for inclusion in the Code; providing for conflict; and providing for an effective date.
The Motion to approve the foregoing Ordinance was offered by Councilmember Einstein, second by Mayor Singer.
Town Attorney Helfman explained the purpose of the various Ordinances regarding Committees and Boards. The goal is to have a uniform set of Ordinances that govern the Committees and Boards.
Councilmember Iglesias asked the Town Attorney for an opinion on Councilmembers being Committee members.
Town Attorney explained that there is no prohibition from a Councilmember serving on a Committee and is a matter of policy. From the Sunshine perspective, if there is one or more Councilmember attending a Committee meeting, that meeting should be announced that there may be one or more Councilmembers in attendance.
Town Manager Wilbanks-Free recommended that verbiage be added to the standard notifications announcing that one or more Councilmembers may be present at the meeting.
Town Attorney Helfman addressed two issues:
1. Change number of members to an odd number: 6 to 5.
2. Minutes: added Town Manager’s designee in the absence of the Town Clerk or leave the current practice that minutes are being taken by a committee member; not to upset a process that is common if it is not necessary.
Mayor Singer made a motion to amend from 6 to 5 members, second by Councilmember Iglesias.
Town Clerk Szabo called for the vote of the Council:
Mayor Singer Aye
Vice Mayor Lusskin Aye
Councilmember Colella-Battista Aye
Councilmember Einstein Aye
Councilmember Iglesias Aye
OPEN PUBLIC HEARING
Dr. Stanley Feinman, 475 Ocean BL
Neil Leff, 48 Terracina
CLOSED PUBLIC HEARING
Town Attorney Helfman suggested two amendments:
1. Add “electronically” recorded so there is no confusion as to what recorded means.
2. Town Attorney Helfman read; minutes of each committee meeting minutes shall be kept and prepared by the Town Clerk or Town Managers designee. Suggested that may not be necessary as long as minutes are kept, and may just want to continue with the practice that minutes are kept by a member of the committee and eliminate the Town Clerk or the Town Managers designee. An electronic recordation and minutes kept by a committee member, a back-up is there and addressed the initial concerns. Prepared by a Committee member and kept by the Town Clerk.
Town Attorney Helfman explained that there is presently a set of rules Resolution 1592.04 that govern committees. The only requirement in those rules is that a Committee Member take minutes. Town Attorney Helfman asked the council to review page one (c) Written minutes must be prepared by a Committee Member and delivered to the Town Clerk, which is the official policy.
Town Clerk Szabo volunteered, since she attends most of the meetings as a resident, she would be happy to take the minutes if the Committee does not have a secretary.
Town Clerk Szabo asked for clarification on Jurisdiction and Duties (a) Provide advice, only upon the request of the Town Council by Resolution.
Town Attorney Helfman opined that the committee can only act upon the request of the Council.
Councilmember Iglesias moved to amend the Ordinance by adding: (d) electronically and by, second by Councilmember Einstein.
OPEN TO THE PUBLIC
Dr. Stanley Feinman, 475 Ocean BL
CLOSE TO THE PUBLIC
Town Clerk Szabo called for the vote of the Council:
Mayor Singer Aye
Vice Mayor Lusskin Aye
Councilmember Colella-Battista Aye
Councilmember Einstein Aye
Councilmember Iglesias Aye
Councilmember Einstein moved to approve the Ordinance as amended, second by Mayor Singer:
Town Clerk Szabo called for the vote of the Council:
Mayor Singer Aye
Vice Mayor Lusskin Aye
Councilmember Colella-Battista Aye
Councilmember Einstein Aye
Councilmember Iglesias Aye
Town Clerk Szabo read the following Ordinance into the record:
3. Amendment of Article III of the Town Code. An Ordinance of the Town of Golden Beach, Florida, amending Division 3, “Building Regulatory Advisory Board”, of Article III, “Boards, Committees, Commissions”, of the Town Code of Ordinances, by modifying the composition, organization and duties of the Board; providing for severability; providing for inclusion in the Code; providing for conflict; and providing for an effective date.
Councilmember Iglesias moved to amend the composition of the Board to up to five permanent member and two alternates, second by Vice Mayor Lusskin, 5/0 all ayes.
Mayor Singer moved to amend the Ordinance by adding: (d) electronically and by, second by Vice Mayor Lusskin.
OPEN PUBLIC HEARING
Dr. Stanley Feinman, 475 Ocean BL
CLOSE PUBLIC HEARING
Town Clerk Szabo called for the vote of the Council:
Mayor Singer Aye
Vice Mayor Lusskin Aye
Councilmember Colella-Battista Aye
Councilmember Einstein Aye
Councilmember Iglesias Aye
Mayor Singer moved to approve the Ordinance as amended, second by Councilmember Battista
Town Clerk Szabo called for the vote of the Council:
Mayor Singer Aye
Vice Mayor Lusskin Aye
Councilmember Colella-Battista Aye
Councilmember Einstein Aye
Councilmember Iglesias Aye
Town Clerk Szabo read the following Ordinance into the record:
4. Pension Board Composition Amendment. An Ordinance of the Town of Golden Beach, Florida, amending Section 24-36 “Administration” of Chapter 24 “Personnel” of the Town of Golden Beach Code of Ordinances, revising the composition of the Board of Trustees; providing for effect upon current members of Board of Trustees; providing for severability; providing for inclusion in the Code; providing for an effective date.
Councilmember Iglesias moved to approve the Ordinance, second by Mayor Singer.
The Mayor and Vice Mayor will be replaced with two residents appointed by the Town Council.
OPEN PUBLIC HEARING
None
CLOSE PUBLIC HEARING
Town Clerk Szabo called for the vote of the Council:
Mayor Singer Aye
Vice Mayor Lusskin Aye
Councilmember Colella-Battista Aye
Councilmember Einstein Aye
Councilmember Iglesias Aye
ORDINANCES – FIRST READING
Town Clerk Szabo read the following Ordinance into the record:
5. Amendment to Article III of the Town Code. An Ordinance of the Town of Golden Beach, Florida, amending the Code of Ordinances by establishing Division 8, “Recreation Committee”, of Article III, “Boards, Committees, Commissions”, of Chapter 2 “Administration”; providing for the composition, organization, rules and duties of said Committee; providing rescission of current appointments; providing for severability; providing for inclusion in the Code; providing for conflict; and providing for an effective date.
Mayor Singer moved to open for discussion, second by Councilmember Einstein, 5/0 all ayes.
OPEN PUBLIC HEARING
Alene Fishbein, 256 Golden Beach Drive
Dr. Stanley Feinman, 475 Ocean BL
Alene Fishbein, 256 Golden Beach Drive
CLOSE PUBLIC HEARING
Councilmember Einstein suggested changing the language to allow the Committees to continue operating as usual.
Vice Mayor Lusskin pointed out that Resolution 1592.04 already addresses the procedures for Committees.
Councilmember Iglesias requested that all Committees be held to the same standards.
Town Manager Wilbanks-Free explained that after Second Reading of these Ordinances, a Resolution to adopt the Duties and Responsibilities of the Committees will be presented to the Council for approval.
Town Attorney Helfman explained that the Town Manager will prepare the Resolutions consistent with past practice for the Council to authorize to have in motion some structure and procedures.
OPEN PUBLIC HEARING
Sydell Herrick, 625 Ocean BL
Dr. Stanley Feinman, 475 Ocean BL
Neil Leff, 48 Terracina
CLOSE PUBLIC HEARING
Mayor Singer moved to amend the Ordinance by adding up to nine members, and add: electronically and by, second by Councilmember Einstein.
Town Clerk Szabo called for the vote of the Council:
Mayor Singer Aye
Vice Mayor Lusskin Aye
Councilmember Colella-Battista Nay
Councilmember Einstein Aye
Councilmember Iglesias Aye
Mayor Singer moved to adopt the Ordinance as amended, second by Councilmember Einstein.
Town Clerk Szabo called for the vote of the Council:
Mayor Singer Aye
Vice Mayor Lusskin Aye
Councilmember Colella-Battista Nay
Councilmember Einstein Aye
Councilmember Iglesias Aye
Mayor Singer directed Town Manager Wilbanks-Free to bring back to the Council at the next Council meeting to add the verbiage on the Resolutions to give the Committees the ability to function as they have in the past without restrictions.
Town Clerk Szabo read the following Ordinance into the record:
6. Amendment to Article III of the Town Code. An Ordinance of the Town of Golden Beach, Florida, amending the Code of Ordinances by establishing Division 9, “Beach Committee”, of Article III, “Boards, Committees, Commissions”, of Chapter 2 “Administration”; providing for the composition, organization, rules and duties of said Committee; providing rescission of current appointments; providing for severability; providing for inclusion in the Code; providing for conflict; and providing for an effective date.
Mayor Singer moved to open for discussion, second by Councilmember Iglesias.
Mayor Singer moved to amend up to seven and add electronically and by, second by Councilmember Einstein.
OPEN PUBLIC HEARING
None
CLOSE PUBLIC HEARING
Mayor Singer moved to adopt the Ordinance as amended, second by Councilmember Einstein.
Town Clerk Szabo called for the vote of the Council:
Mayor Singer Aye
Vice Mayor Lusskin Aye
Councilmember Colella-Battista Aye
Councilmember Einstein Aye
Councilmember Iglesias Aye
Councilmember Battista requested clarification as to the approval of Ordinances that have to come back with verbiage in a Resolution at a later date.
Town Attorney explained that the Council is not coming back to fix it and the reason it is being done this way is that maybe the scope of authority will change over time.
Mayor Singer moved to approve consent agenda items 7, 8, 9 10, 12, second by Vice Mayor Lusskin.
Town Clerk Szabo called for the vote of the Council:
Mayor Singer Aye
Vice Mayor Lusskin Aye
Councilmember Colella-Battista Aye
Councilmember Einstein Aye
Councilmember Iglesias Aye
CONSENT AGENDA
7. Approval of Minutes: Regular Council Meeting November 15, 2005
Ordinance Review Workshop #3 November 29, 2005
8. Approval of Disaster Relief Funding Agreement (Katrina). A Resolution of the Town Council of the Town of Golden Beach, Florida authorizing and approving the attached Disaster Relief Funding Agreement between the State of Florida, Department of Community Affairs and the Town of Golden Beach, providing for Federal and State Disaster Relief Funding for declared Major Disaster No. 06-KA-B&-11-23-02-597; authorizing Town Mayor to execute the Agreement; authorizing implementation of the Agreement; providing for an effective date.
9. Approval of Disaster Relief Funding Agreement (Wilma). A Resolution of the Town Council of the Town of Golden Beach, Florida authorizing and approving the attached Disaster Relief Funding Agreement between the State of Florida, Department of Community Affairs and the Town of Golden Beach, providing for Federal and State Disaster Relief Funding for declared Major Disaster No. 06-WL-&K-11-23-02-602; authorizing Town Mayor to execute the Agreement; authorizing implementation of the Agreement; providing for an effective date.
10. Support for the Miami-Dade MPO Funding for East Coast Transit Analysis. A Resolution of the Town Council of the Town of Golden Beach, Florida in conjunction with the Northeast Miami-Dade Mayors’ Joint Task Force on Transportation, supporting the Miami-Dade County Metropolitan Planning Organization (MPO) funding for the South Florida East Coast Corridor Transit Analysis.
12. Approval of Payment for Additional Debris Removal Contractor: A Resolution of the Town Council of the Town of Golden Beach, Florida, authorizing the payment of an invoice for emergency hurricane debris removal; providing for implementation; providing for an effective date.
RESOLUTIONS: QUASI-JUDICIAL - None
RESOLUTIONS: MISCELLANEOUS
Councilmember Iglesias asked the Finance Director if the Town was getting reimbursed from FEMA regarding exempt staff during disasters. Finance Director Camacho explained that you can request reimbursement for those items but in order to get reimbursement there must be a written policy prior to the disaster and the Town does not have such a policy.
Councilmember Iglesias requested Town Manager Wilbanks-Free to explain why the Town does not have a policy for such disaster reimbursement. Town Manager Wilbanks-Free explained that it was brought to the Mayor right after Hurricane Katrina and the Mayor at that time put it on hold until he made a decision and it has never come back.
Councilmember Iglesias requested that procedures be put in place for future disasters.
Mayor Singer directed Town Manager Wilbanks-Free to come back to the Council with financial calculations based on this past year of storms as to what we would expect to get reimbursed during a State or Federal Declared Emergency, divided by each storm.
Town Clerk Szabo read the following Resolution into the record:
13. Appointment of Public Safety/Security Committee Members. A Resolution of the Town Council of the Town of Golden Beach, Florida appointing members to the Town of Golden Beach Security and Public Safety Committee; providing for severability; providing for conflicts; and providing an effective date.
Mayor Singer moved to open for discussion, second by Councilmember Einstein.
Councilmember Einstein moved to amend Resolution by removing Vice Mayor Lusskin, one-year term, and add members appointed shall serve until January 2007, second by Mayor Singer.
Town Clerk Szabo called for the vote of the Council:
Mayor Singer Aye
Vice Mayor Lusskin Aye
Councilmember Colella-Battista Aye
Councilmember Einstein Aye
Councilmember Iglesias Aye
Councilmember Einstein moved to adopt Resolution as amended second by Mayor Singer.
Town Clerk Szabo called for the vote of the Council:
Mayor Singer Aye
Vice Mayor Lusskin Aye
Councilmember Colella-Battista Aye
Councilmember Einstein Aye
Councilmember Iglesias Aye
Town Clerk Szabo read the following Resolution into the record:
14. Appointment of Building Advisory Board Member. A Resolution of the Town Council of the Town of Golden Beach, Florida appointing members to the Town of Golden Beach Building Regulatory Advisory Board; providing for severability; providing for conflicts; and providing an effective date.
Town Manager Wilbanks-Free explained that Mr. Lipton requested to be an alternate member and Mr. Hockman requested to fill the permanent position and remain with one vacancy.
Moved to amend the Resolution to five permanent members and one alternate member, second by Councilmember Einstein.
Town Clerk Szabo called for the vote of the Council:
Mayor Singer Aye
Vice Mayor Lusskin Aye
Councilmember Colella-Battista Aye
Councilmember Einstein Aye
Councilmember Iglesias Aye
Councilmember Einstein moved to approve the Resolution as amended, second by Councilmember Iglesias.
Town Clerk Szabo called for the vote of the Council:
Mayor Singer Aye
Vice Mayor Lusskin Aye
Councilmember Colella-Battista Aye
Councilmember Einstein Aye
Councilmember Iglesias Aye
15. Approval of Lease for Marine Patrol Boat. A Resolution of the Town Council of the Town of Golden Beach, Florida approving a lease and service agreement between Loggerhead Club & Marina – Hollywood Williams Island Marina and the Town of Golden Beach, Florida; providing for implementation of the Agreement; providing for an effective date.
Town Manager Wilbanks-Free advised the Council that the Town was put on notice from Aventura Marina to move the Marine Patrol Boat from their slip. Williams Island informed the town that they would be willing to provide a slip for the Marine Patrol Boat at no charge until the Town builds a dock for the Marine Patrol Boat.
Mayor Singer asked for clarification of the contract that was presented illegible.
Town Attorney read the resolution into the record and suggested the following amendments:
1. Second Whereas Clause: Delete LoggerHead Club and Marina and replace with Williams Island Marina.
2. Third Whereas Clause: Lease and Service agreement should read Lease and delete service.
3. Fourth Whereas Clause: Lease agreement under Section 2 reads the agreement between the Town and the Marina once approved as to form and legal sufficiency by the Town Attorney.
Mayor Singer reiterated the financial impact is zero. Town Attorney agreed.
Councilmember Iglesias moved to approve aforementioned amendments, second by Vice Mayor Lusskin.
Town Clerk Szabo called for the vote of the Council:
Mayor Singer Aye
Vice Mayor Lusskin Aye
Councilmember Colella-Battista Aye
Councilmember Einstein Aye
Councilmember Iglesias Aye
Councilmember Iglesias moved to approve amended Resolution, second by Councilmember Einstein.
Town Clerk Szabo called for the vote of the Council:
Mayor Singer Aye
Vice Mayor Lusskin Aye
Councilmember Colella-Battista Aye
Councilmember Einstein Aye
Councilmember Iglesias Aye
DISCUSSION AND DIRECTION
15A. Consideration of an Ordinance Requiring House Numbers. Consideration of requiring house numbers to be placed in a designated location on the front of all residences and the rear of all waterfront property.
Mayor Singer explained that this would be favorable for the Code Enforcement Officer and the Police Department to locate a residence in case of emergency, but would be unfavorable for security.
Police Chief Skinner agreed with Mayor Singer that it compromises security by making it easier for someone with criminal intent coming in by water. But in the same time, helps Police and Code Enforcement Officers to locate a residence.
Police Chief Skinner recommended the Town Clerks suggestion of implementing a code system.
Mayor Singer directed Chief Skinner to look into a coding system and come back to the Council.
16. Appointment of Councilmembers to Town Departments. Due to the appointment of a new Councilmember, the switch of departments was delayed. It is recommended that the positions remain the same until the February Council Meeting and we would change back into our normal rotation cycle.
Councilmember Iglesias moved to extend the appointments through February 2006 and assign Councilmember Battista to Finance and Personnel, second by Councilmember Einstein.
Town Clerk Szabo called for the vote of the Council:
Mayor Singer Aye
Vice Mayor Lusskin Aye
Councilmember Colella-Battista Aye
Councilmember Einstein Aye
Councilmember Iglesias Aye
17. Approval of Electronic Control Devices for the Town. Staff was requested to research this matter at the October 2005 Council Meeting and bring it back for discussion and direction.
Re: Taser Purchase
Mayor Singer requested these items be addressed:
1. Proper Training
2. Town Liability
3. Need
Council consensus was to table aforementioned item.
Dr. Stanley Feinman, 475 Ocean BL
NEXT WORKSHOP MEETING DATE
Council consensus: Town Code Workshop to be held on Tuesday January 10, 2006 at 7pm.
ADJOURNMENT
The Motion to adjourn was offered by Mayor Singer at 10:55 pm, seconded by Councilmember Battista, 5/0 all ayes.
ATTEST:
Cathy Szabo
Cathy Szabo, CMC
Town Clerk
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