TOWN OF GOLDEN BEACH
One Golden Beach Drive
Golden Beach, FL 33160
AMENDED OFFICIAL MINUTES
MARCH 2, 2006
REGULAR TOWN COUNCIL MEETING
7:30 P.M.
MEETING CALLED TO ORDER
Mayor Singer called the meeting to order at 7:37 p.m. Roll Call taken by Town Clerk.
Council Members: Mayor Singer, Vice Mayor Ben Einstein, Councilmember Camille Colella-Battista, Councilmember Iglesias, and Councilmember Lusskin.
Staff: Town Manager Bonilyn Wilbanks-Free, Town Attorneys Stephen Helfman and Tara Gould, Police Chief James Skinner, Finance Director, Maria Camacho, Assistant to the Town Manager, Zoraya Roncallo and Town Clerk, Cathy Szabo.
PLEDGE ALLEGIANCE TO THE FLAG
Chief Skinner led the pledge to the flag
PRESENTATION
Chief Skinner introduced his new Police Officer Howard Rudolph
ADDITIONS/DELETIONS/REMOVAL OF ITEMS FROM CONSENT AGENDA/CHANGES TO BE MADE TO AGENDA
Added as Item 16A - Discussion of the Town Clerk performance requested by Councilmember Lusskin
Motion by: Councilmember Lusskin
Second by: Mayor Singer
4 Ayes 1 Nays
Deleted Item 13 - by staff
Changes: Items 9 -11 Section 2 - date for budget items is changed to April 30th
Motion by: Mayor Singer
Second by: Councilmember Iglesias
5 Aye 0 Nay
TOWN BOARD/COMMITTEE REPORTS
Security/Public Safety Committee
(Read by Town Clerk)
Recommendations:
· Install security arms at north and south gates
· Amend Section 2 of resolution to add "of general public safety"
· Replace chain link fence on Massini Avenue.
· Repair chain link fence at A1A by basketball court immediately.
· Every security alert should be disseminated out to residents immediately.
Recreation Committee
Reported by Town Clerk
Annual Potluck Dinner is set for April 2nd. Committee to meet March 10 to set time.
GOOD AND WELFARE
Oded Meltzer
· Drainage at tennis courts and presentation of possible solution.
Sydell Herrick
· Discussed no notice being posted on the door about the meeting being canceled on February 21, 2006.
· Felt the website will be a good way to communicate as many people are on the web more than cable.
· Requested Council to consider a referendum to allow businesses in Golden Beach as film ordinance is doing.
· 615 Ocean is still an eyesore and although there are many cars at the site there is no work being done.
Steve Sprechman
· Cleanliness of tennis courts area. Items need to be repaired in a timely manner.
Stanley Feinman ( Addendum #1)
· Thanked Mayor for his efforts with the Code Review.
· Need to replace and/or repair fencing at A1A and Massini Avenue immediately.
· Main electric Box at basketball court was left open and presents safety problem.
· Sand piles at pump house need to be removed immediately so children can use the park area.
· Taller plants should be used at the fence area on A1A.
· Questioned why no dollar amount was put on Grant signage at project sites and questioned why it was located at Town Hall and not site location of project.
· Wanted to know where the Chicago bricks are for Rock Park.
· Sump pumps should be used whenever there is flooding in the Town by Public Works staff to get rid of it.
· Adopt Ordinance granting every resident the right to speak.
· Adopt an Ordinance requiring residents to maintain trees under the power lines before the next hurricane season.
· Resurface the roadways throughout the Town to eliminate the potholes and chipped out asphalt.
· Install a wall at Massini Ave to match the one a Terracina Ave.
· Stop K-9 unit and sell dog to City or County to get back money spent.
Alene Fishbein
· Thanked Mr. & Mrs. Heiken for their generous donation of the chocolate fountains and the chocolate for the event.
MAYOR’S REPORT
· Distributed to Council the Town Manager Project Status report.
· Discussed Technical and named people serving on it.
· Bid Opening information sent to Council by putting on calendar and notice to Council by Town Clerk
· Damaged fences and status of quotes
· Update on Paver project
· Update on Stormwater project
· K9 dog important to the Town and did not cost $75,000 as stated at G&W
· Sump pumps are used by Town staff
· Set up meeting for Tennis Court problem - Oded, Steve, Town Manager Councilman Iglesias, Dan, CAS, and Aguile Courts rep.
· Apologized for no notice - will correct
· Encouraged people to come to Pot Luck Dinner
· Town Attorney to look into gate arms at N & S gates
· Power line Ordinance regarding landscaping
· Update on resurfacing on the road
· Set date of March 7, 2006 for Code Review Meeting
COUNCIL COMMENTS
Council Member Battista
· Reminded staff that sponsored name needs to be on Agenda Face Sheet (Code 2-27).
· Portion out the meeting at stated in Charter.
· Publish the Ord and Resos so properly noticed
· Any additions to agenda need to be prior to the meeting.
· Reminded Council that all projects need to go forward even though we are working on a Townwide Project.
· Discussed Town Manager's memo to Mayor and why the rest of Council was not included.
· Website update - very pleased to see the progress.
· Valentine's Day Event - excellent party. Thanks Recreation Committee.
Vice Mayor Einstein:
· Wants the sponsorship put on Resos and Ordinances.
· Thanked Mr. Meltzer for his hard work on the solution. Advised that French drains do not work in this Town due to high water issues.
· Discussed impact on old infrastructure when you are doing work like the Stormwater Project.
· Discussed the high cost of the police department and the impact of having people out on administrative leave and we need to evaluate it.
· Discussed the number of police cars and insurance cost.
· Questioned when laptops were approved for Council.
· Want Town to look into the Palm Beach letter to work on the undergrounding efforts.
Councilmember Lusskin
· Reminded that Hurricane Season coming and Nextel emergency number needs to be secured and block captain program set with procedures.
· Dr. Feinman's request for speaker time - still researching.
· Discussed LOC has money available and we should look into.
· Followup from Chief requested on these items.
· Did we lose money on the police officer who did not turn in tickets?
· Kudos to Lifeguard Austin on saving the people in the Ocean for his alertness and quick response.
· Police boat - water percentage of time is spent on Intercostals and on interior canals?
· Would like Chief to monitor Sunny Isles and Aventura Police boats since it was reported that they are not running every day.
· Appropriation list to Debbie Wasserman Shultz.
· Speed enforcement should be all over not just Verona Bridge regularly.
Dr. Iglesias
· Thanked the Heiken family for their generosity donation for the Valentine Day event as well as the Recreation Committee for their hard work to make the event very special.
· Signage for the Stormwater Project violates our signage code and believes that all previous Council members should get credit and not just him.
· Previously requested seawall pictures to be taken during the equinox by the marine patrol and still has not received them. Town Clerk advised that she had pictures in her office.
· There have been many water main breaks and feel faulty water mains should be repaired along with the Stormwater project.
· Fences needed to be repaired and has mentioned this numerous times and these small projects need to be handled
· Enforcement on Verona Bridge - he disagrees with the Chief as he sits for 5 minutes and sees many violations of the stop sign and speeding.
· Town Manager Project Report is great. Would like the FYI to be continued.
· Apologized to the Mrs. Herricks regarding the cancelled meeting and no notice
· Corrected Dr. Feinman on the cost of the K-9 dog.
· All meetings of the Committees need to be published to the Council and residents. Calendar is not enough
· Wants Mayor and Town Manager to make special arrangements ASAP for the upcoming hurricane season with the Texaco for all Town vehicles, town employee vehicles and residents to get gas during emergencies because we give them our Town business all year long.
· All drain pipes at tennis court was installed on a gravel base to enhance drainage. He went to the site during the installation by staff.
· Sump pump was brought to the Town Manager some time ago but was told that we cannot move water mechanically. This was clarified regarding NPDES permit requirements of not being put down drains.
TOWN MANAGER REPORT
· Reported on status of 615 Ocean and the demolition process was proceeding and Dan updated on the matter.
· Paver Project will have 2 pallets of Chicago brick which is being taken from south side of the substation.
· Meeting with Mr. Meltzer, Mr. Sprechman, Steve Smith and Dan Nieda will be set.
· Dollar amount for the Stormwater Project sign will be checked by Steve Smith
· Status report will be for the period of Friday through Thursday so the report can be included to Council in the Friday packet.
TOWN ATTORNEY REPORT
(None)
ORDINANCES – SECOND READING
1. Amending Section 66-43 of Town Code. An Ordinance of the Town of Golden Beach, Florida, amending Section 66-43 “approval of variance by the Town Council” of Chapter 66 “zoning” of the Town of Golden Beach Code of Ordinances; amending section 66-44 “Council Agenda Item; notice; action” of Chapter 66 “zoning” of the Town of Golden Beach Code of Ordinances, to allow recommendations, decisions or actions of the Building Regulation Advisory Board to be heard by the Town Council in the month following the final action of the Board, unless a delay is requested by applicant; providing for severability; providing for inclusion in the code; providing for an effective date
Motion made by Councilmember Iglesias Seconded by Vice Mayor Einstein
Public Hearing - no one spoke
Motion approved 5 Ayes 0 Nays.
Town Clerk advised that the Ordinance was advertised in Miami Herald for second reading and is available for viewing.
ORDINANCES – FIRST READING
2. Repeal of Article VI of Chapter 2 of Town Code. An Ordinance of the Town of Golden Beach, Florida, repealing in its entirety Article VI, “Code Enforcement”, of Chapter 2, “Administration”, of the Code of Ordinances of the Town of Golden Beach, and establishing a new Article VI, entitled “Code Compliance and Enforcement”; providing for severability; providing for inclusion in the code; providing for conflict; providing for an effective date.
Motion made by Mayor Singer
Seconded by Vice Mayor Einstein
Town Attorney summarized the ordinance.
Vice Mayor Einstein concerned about having the notice signed for. Town Attorney suggested not to.
Councilmember Battista questioned that 2.02A was a warning.
Town Attorney advised that the time for compliance is included in the notice but not a warning as the resident is still fined.
Councilmember Battista expressed concerned that no warning will upset the residents.
Mayor explained warning period is before the issuance of citation. Recommended that certain types of violations to get warning and violation will be removed without fine if in compliance
Vice Mayor feels we need to be strong to insure compliance.
Public Hearing - Oded Meltzer (against)
Motion approved 5 Ayes 0 Nays.
3. 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 10, “Beautification 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.
Motion made by Councilmember Iglesias
Seconded by Councilmember Lusskin
Public Hearing - no one spoke
Motion approved 5 Aye 0 Nays.
CONSENT AGENDA
Motion made by Councilmember Iglesias Seconded by Councilmember Lusskin .
Motion approved 5 Aye 0 Nays.
4. Approval of Minutes.
· December 13, 2005 (Amended) Town Council Meeting
· January 10, 2006 Town Code Workshop #4
· January 17, 2006 Regular Council Meeting
· February 9, 2006 Special Town Council Meeting
·
5. Support of Palmetto Bay Resolution No. 05-102. A Resolution of the Town Council of the Town of Golden Beach, Florida, endorsing Resolution No. 05-102 of the Village of Palmetto Bay (the “Village”); providing for implementation; directing the Town Clerk to transmit a certified copy of this Resolution to Governor Jeb Bush, Senate President Tom Lee, House Speaker Allan Bense and members of the Florida Legislature; providing for an effective date.
6. Assignment of Council Members. A Resolution of the Town Council of the Town of Golden Beach, Florida, assigning each Councilmember the duty to inquire into the operation of a particular area of governmental responsibility; providing for conflict; providing for implementation; and providing for an effective date.
7. Approval of Donation. A Resolution of the Town Council of the Town of Golden Beach, Florida authorizing and approving the payment of $1,500.00 to the North Miami Beach Optimist Little League, Inc.; providing for implementation; and providing for an effective date.
8. Disposal of Surplus Property. A Resolution of the Town Council of the Town of Golden Beach, Florida authorizing the sale of surplus personal property (Police Department Vehicle No. 208, 2002 Jeep Wrangler, V.I.N. 1J4FA49S62P752342); providing for implementation; and providing for an effective date.
9. Assignment of Duties. A Resolution of the Town Council of the Town of Golden Beach, Florida, assigning specific duties to the Town of Golden Beach Beach Advisory Committee; providing for implementation; providing for conflict; and providing for an effective date.
10. Assignment of Duties. A Resolution of the Town Council of the Town of Golden Beach, Florida, assigning specific duties to the Town of Golden Beach Recreation Advisory Committee; providing for implementation; providing for conflict; and providing for an effective date.
11. Assignment of Duties. A Resolution of the Town Council of the Town of Golden Beach, Florida, assigning specific duties to the Town of Golden Beach Security/Public Safety Committee; providing for implementation; providing for conflict; and providing for an effective date.
RESOLUTIONS: MISCELLANEOUS
12. Approval of Settlement Agreement with Robert Nieman. A Resolution of the Town Council of the Town of Golden Beach, Florida approving the Settlement Agreement and General Release (“Agreement”) between the Town and Robert Nieman to settle certain claims and to avoid further administrative proceedings; authorizing the Town Mayor to execute the Agreement; providing for implementation of the Agreement; providing for an effective date.
Motion made by Councilmember Battista, Seconded by Mayor Singer .
Councilmember Iglesias questioned the 7-days after signing agreement for rejecting.
Town Attorney explained the 7 days has run
Dr. Feinman concerned over the cost and upset that he just saw the amount. Feels it is a bad agreement and punitive.
Councilmember Battista explained that the agreement is not punitive.
Motion approved 5 Aye 0 Nays.
13. Approval of Settlement Agreement with Gene Stanley. A Resolution of the Town Council of the Town of Golden Beach, Florida approving the Settlement Agreement and General Release (“Agreement”) between the Town and Gene Stanley to settle certain claims and to avoid further administrative proceedings; authorizing the Town Mayor to execute the Agreement; providing for implementation of the Agreement; providing for an effective date.
Motion made by Councilmember Iglesias,
Seconded by Councilmember Einstein .
Motion approved 5 Aye 0 Nays.
14. Approval to Add Flood Insurance on Various Town Facilities. A Resolution of the Town Council of the Town of Golden Beach, Florida authorizing and approving premium payment of $3,674.00 for additional Flood Insurance for Town facilities with American Bankers Insurance Company of Florida; providing for implementation; providing an effective date.
Motion made by Councilmember Iglesias,
Seconded by Councilmember Einstein .
Motion approved 5 Aye 0 Nays.
15. Approval to Purchase a Second Electric Vehicle for Police Fleet. A Resolution of the Town Council of the Town of Golden Beach, Florida authorizing the expenditure of funds from the Law Enforcement Trust Fund for the purchase of a Global Electric Motorcar vehicle for the Golden Beach Police Department; providing for implementation; providing an effective date.
Motion made by Councilmember Einstein
Seconded by Councilmember Battista
Town Manager explained the need for a second vehicle.
Finance director advised that there is $240,790.00 in LETF.
Councilmember Iglesias discussed the difference in pricing.
Councilmember Lusskin states that difference in year of vehicle may affect the price.
Motion approved 5 Aye 0 Nays. Council authorized the Mayor to make decision on an extended warranty.
Amount approved for car was $7599.00
16. Approval of a Work Authorization with Craig A. Smith & Associates. A Resolution of the Town Council of the Town of Golden Beach, Florida authorizing the approval of a work authorization with Craig A. Smith & Associates, Inc. (“CAS”) for the provision additional Engineering Services for the Town, so as to provide the town with Architectural Plans, Construction Documents and Landscape Design for the Renovation of the Town Beach Pavilion; providing for implementation; providing an effective date.
Maria advised that there was $300,000.00 in this fiscal budget for this renovation.
Motion made by Mayor Singer
Seconded by Councilmember Iglesias
Motion approved 5 Aye 0 Nay.
16a. Discussion on future employment of the Town Clerk. ( Addendum #2,3,4,5)
Mayor explained that the environment cannot be hostile and it must be addressed as it has begun affecting all employees. The office needs to be a friendly workplace and that the Council must make the decision that it will keep the environment as it is or it will make a change so that the environment can improve.
Councilwoman Lusskin advised that she has been reading over the past months documents and can sense the discord in Town Hall will staff and Town Clerk and that Councilwoman Battista's email addressed it properly when she wrote that the Council had to address whether it should continue.
Vice Mayor Einstein has heard of the issues going on between the Town Clerk and the Town Manager for a very long time and felt that he holds the Town Manager responsible for the management of the Town. He knew that the Town Manager could not get town administration to work as it should even after directives to the Town Clerk to try to get along but it has gotten worse. A change has to be made whether it is the Town Clerk or the Town Manager that it is now affecting other employees, and therefore it should be addressed immediately.
Councilmember Iglesias advised he brought this matter to the Council on several occasions and tried to set up a Special Meeting without success.
Councilmember Battista expressed concerns that this was not being given enough time and it was at a late hour. She advised that she did not want to ambush the Town Clerk and felt she was not informed enough to make a decision tonight.
Town Clerk handed out documents to Council and members in attendance and spoke about the documents. (Addendum 2, 3, & 4) Addendum 5 to be included in the official agenda packet - 38 pages)
Dr. Feinman supported tabling the matter and advised Councilmember Battista that she would have to vote if motion was made.
Alice Meltzer - supported Town Clerk
Neil Leff - upset that the issue was not on the agenda and feels it is a violation of the Town Clerk's rights
Motion to table to special meeting
Motion by Councilmember Battista
Seconded by – none
Motion fail for lack of a second
(Motion to extend time until ll:30 pm.)
Motion made by Mayor Singer
Seconded by Councilmember Battista
Motion approved 5 Aye 0 Nays.
Motion to terminate the Town Clerk
Motion made by Mayor Singer
Seconded by Councilmember Lusskin
Motion approved 4 Aye 1 Nay
Meeting put into recession due to Town Clerk removing the tape and VHS from machine and leaving Town Hall. Meeting called back to order at 11:12 pm
DISCUSSION AND DIRECTION
17. Generator Installation Guidelines. Following the research prepared by Dan Nieda, staff requests input from Town Council on this matter.
Town Attorney to prepare Ordinance for first reading.
11:28 - Motion to extend time until ll:45 pm.
Motion made by Councilmember Iglesias
Seconded by Mayor Singer
Motion approved 5 Aye 0 Nay)
18. Seawall Resolution. Following the research prepared by CAS and the Town Attorney, Mr. Helfman requests input from Town Council on this matter before proceeding with the Ordinance.
Consensus given to prepare Ordinance
19. Approval of Attorney Fees and Pool Expense. Mr. Nick Andrew of 326 South Parkway request reimbursement on cost incurred for the damage and legal work completed for the installation of outfall pipe and easement paperwork.
Motion made by Councilmember Iglesias
Seconded by Councilmember Lusskin .
Motion approved 5 Aye 0 Nay.
R. ADJOURNMENT - 11:37 pm
Motion made by Mayor Singer
Seconded by Councilmember Iglesias
Motion approved 5 Aye 0 Nay.
ATTEST:
Bonilyn Wilbanks-Free
Town Manager
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