TOWN OF GOLDEN BEACH
One Golden Beach Drive
Golden Beach, FL 33160
OFFICIAL MINUTES
APRIL 18, 2006
REGULAR TOWN COUNCIL MEETING
7:30 p.m.
MEETING CALLED TO ORDER
Mayor Singer called the meeting to order at 7:40 p.m. Roll Call taken by Town Manager.
Council Members in attendance: Mayor Singer, Vice Mayor Einstein, Councilmember Colella-Battista, Councilmember Iglesias, and Councilmember Lusskin
Staff in attendance: Town Manager, Town Attorneys Helfman and Gould, Maria Camacho, Lt. Gary Smith, Dan Nieda, and Zoraya Roncallo.
PLEDGE OF ALLEGIANCE
Finance Director Maria Camacho led the pledge to the flag
PRESENTATION: None
ADDITIONS/DELETIONS/REMOVAL OF ITEMS FROM CONSENT AGENDA/ CHANGES TO BE MADE TO AGENDA
Staff requested to pull Item #14.
TOWN BOARD/COMMITTEE REPORTS
· Recreation Committee - Councilmember Lusskin reported on the Annual Potluck Dinner - great success with large turnout. Memorial Day Event - May 28th at 3 PM. It will be a barbeque and encouraged everyone to come.
· Beach Committee - June Krogall - explained that the committee was having a hard time. Beach is neglected and feels the lack of repairs at the restrooms, and other matters makes it appear that the Council does not appreciate the work that the committee does. Questioned whether committee should continue.
Reiterate that the Beach Committee is appreciated for the work they do. He said that there is progress being made and the Town Manager will report on it.
GOOD & WELFARE - Mayor explained that there is a 2-minute time limit due to the length of the meeting.
Gayle Egozi - 615 GBD - Brought pictures of Massini Ave and spoke of the lack of attention since the removal of the trees. Discussed the fence in disrepair. Feels the fichus were too small to be planted and now the irrigation system sits on top of the ground. She was concerned about the eyesore that has been created and the lack of security and noise barrier. (Addendum #1 - multiple pictures included in the Official Agenda File)
Leon Egozi - Feels that the Town is moving around many palms at North Parkway and they could be placed along Massini. The trees are being left to die.
Alan Weintraub - 690 Massini Ave - Agreed with all items discussed previously about Massini. Upset over the lack of care to the park area that the Town took back approximately 3 years ago. It is not being maintained. Bench is in bad repair. Street is in bad shape. He explained that he previously offered to repair the street and the Town said no. He threatened that the Town may be liable for the loss in value that has occurred since the Town has not maintained the area.
George Rodriquez - 693 GBD - Discussed the conditions at Massini. He stated he agreed with all previous statements by other residents. Has attempted to show the house twice and people refuse to get out and even see the property after they look at the fence and apartments.
Sydell Herrick - 625 Ocean Blvd. - Dogs on the beach and Police have handled it when called. Glad that demolition is almost complete. Requested to see the plans of the planned structure when the Town receives them.
Stan Feinman - 475 Ocean Boulevard - Requested items to be included in the minutes (Addendum #2)
Motion Log should be restarted immediately as a Resolution was passed directing that it be done. The Town Clerk discontinued it in 1999.
Thanked Mayor Singer for implementing the Code Review process ongoing. Requested Mayor to put a Resolution on May Agenda to purchase an all-weather, air conditioned vehicle, properly outfitted to work on the beach not to exceed the cost of $29,000. He wants the Ocean residents to have the same police services that residents on the Intercostal has. He offered his services to assist in picking the all weather vehicle. He encouraged the Mayor to vote favorably on the item pf people's right to speak.
Dr. Penny Tenzer Iglesias - 138 SID - Commended the public on having a wonderful turnout at the meeting. She agreed that the beach does need some work to fix it up. She requested that we consider an ID system for added security. There are more people using the beach that is not known to the residents and we need to ensure that it is only residents and their guest using the beach.
Sam Sorota - former resident - Thanked the Town officials and complimented the skills of Attorney Baker in coordinating a settlement that got rid of one of the officers that had impersonated Mr. & Mrs. Serota when they needed police services.
Ms. Sharon Lior - 346 Ocean Blvd. - Town Manager read the letter into the record as requested by Ms. Lior. (Addendum #3)
MAYOR'S REPORT
Updated on Tallahassee trip and the intent of the trip.
Massini Avenue - getting fichus and areca palms quotes at this time
Asphalt project update
Generators - complaints regarding building department is not moving forward with the generator permits. He explained that the residents can install the generators but must apply for the appropriate permits. Dan will give an update.
He reviewed purpose of the April 24, 2006 meeting. Once the presentations are reviewed, the Council will decide on a project manager to take it to the next process for the Capital Improvement Project.
Reminded everyone to look at the new website.
Dan Nieda advised that the department is accepting applications for generators but issuing a permit he feels requires legal opinion on how to proceed, as he is unsure on how to approve them. Mayor asked that this be resolved within the next few days, as residents need to be able to install them before Hurricane Season gets here.
COUNCIL COMMENTS
Councilmember Colella-Battista - Announced to residents that the Council has agreed to limit their comments to 3 minutes. Addressed the residents questions expressed during Good and Welfare.
Addressed Massini Avenue's poor condition. Suggested consideration of a wall similar to what is at Terracina Avenue.
Agreed with securing the beach that Dr.Tenzer and pointed out that the Town Manager is working on the security id and the beach attendant item is on the Council Agenda for this evening.
Vice Mayor Einstein - none
Councilmember Lusskin - Extended condolences to Julian Kheel's family.
Gave kudos to Police Department regarding assisting a resident with misplaced keys by a valet service. They called the town and a police officer was waiting in their driveway when they arrived home.
Residents on the beach have advised her that the beach patrolling has improved.
Reviewed her meeting with Tony Gomes (CAS) regarding the SW project and it was very informative for her. The project in North Park involves the installation of an electric pump. It was pointed out that there is no generator to run this pump included in the project and she is concerned that we have overlooked an important item.
Cones at front gates look bad. Can we get nicer ones?
Cable boxes on the front lawns in many residents are in bad shape.
Sympathized with Massini Avenue look.
Beach residents would like us to consider a crosswalk across A1A - would like it checked out for feasibility.
Councilmember Iglesias - Reiterated the same concerns about the generator for the electric pump from his meeting with Mr. Gomes and Peter.
Condolences to the Kheel family and the Paruas family.
Wants update on the evaluation system that has been out there for the last three years
ID badges for the beach over three months ago.
FEMA reimbursement for salaries of exempt employees. Direction was to bring back the figures for the cost estimate and would like this before hurricane season.
Matter of legal fees - requested copies of legal fees and was denied the bills. After speaking with Mr. Helfman last month on the frequency of his billing - the Town Manager started providing the legal fees that went back to October. He reviewed them and it is an extensive amount of paper that he has gone through and reviewed the Town Manager's email response regarding resolution prior and after Helfman took over. Does not feel that the Attorney Helfman should direct what the Council wants or requests. He feels that they should be by resolution because they are extensive. Reviewed the monthly totals for Sept, October, January, February, and March. Historically, we reviewed these bills and errors were found. Wants to know who is reviewing the bills for errors since the Council is not any longer.
Where did the Chicago bricks go that were removed. He saw a pile and does not feel it is enough.
Many residents have contacted him about the police boat presence in the Ocean. It takes 3 + hours to get there and back and feels it is a waste of time and fuel. Would support adding more personnel to patrol the beach than to have the boat patrol from the water.
Beach needs to be secured since the news article.
Requested that the CAS bills be distributed to Council as they were before.
Mayor Singer - Responded to Councilmember Iglesias' comments on legal bills stating (verbatim section) …Quick on the legal bills. The legal bills are reviewed every month by the Town Manager and then myself. Probably the legal bills are extremely high, they're not that high, there's a few changes on those but probably 30% of our legal bills are having to do with labor issues. Okay, labor issues that we've incurred from a prior policemen and different labor issues that we've had with the Town, so our attorney bills, somethings that we cannot do without and we have to pay them, obviously we incurred them. A lot of the labor issues are resolved so our attorney bills should be reduced dramatically. But with that said and done I am going to have the Town Manager elaborate on her report. (end of
verbatim section ) The Mayor then directed the Town Manager to distribute the legal bills and if Council has questions on the bills they can write them down and give them to the Town Manager to check out. However, the bills will not be on the consent agenda. Regarding the Beach Pavilion repairs, he explained that the draft plans are due next month and we should be able to go out to bid and start the work before the end of the year. It should not take more the 3-6 months to complete.
ATTORNEY'S REPORT
Updated the Council on the Cuenca case and the settlement agreement for $14,000.00. Attorney Helfman explained that if we go to trial it would far exceed the $14,000 to prepare and present the case. He requested them to consider Resolution 1786.06.
RESOLUTION NO. 1786.06
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF GOLDEN BEACH, FLORIDA, AUTHORIZING SETTLEMENT OF THAT CERTAIN LAWSUIT ENTITLED JUDITH CUENCA AND SARA CHIKOVSKY, Plaintiffs, v. The Town of Golden Beach, Defendant, Miami-Dade County Circuit Court, CASE NO. 03-02202 CA 30; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE.
Motion to approve by Councilmember Iglesias. Seconded by Mayor Singer.
Vote: Mayor Singer - Aye; Vice Mayor Einstein - Aye; Councilmember Colella-Battista - Nay; Councilmember Iglesias - Aye; Councilmember Lusskin - left the room.
Discussion was held by Council:
Councilmember Battista - Questioned the cause of action, which was for attorney fees. Questioned when an elected official can be reimbursed for attorney fees. Reviewed a transcript that stated that it was reimbursed when an elected official is charged with a criminal charge and or service with a civil summons for work that they did for the town. This case was dropped by the SAO. The Town's insurance company refused and questioned what they are entitled to by law.
Mayor Singer - agreed that the Town did not owe the parties at all. He requested the Attorney Helfman to estimate the cost if they went forward to litigate.
Attorney Helfman explained the strategy and what it would take to unravel the case.
Councilmember Iglesias - Thanked Councilmember Colella-Battista for pursuing the legality of the issue and encouraged her to do this in the future.
Mayor took comments from residents.
Vice Mayor Einstein - Questioned whether we could get back attorney fees if we prevailed. Attorney Helfman explained that we would have a tough time get back the fees
ORDINANCES- SECOND READING
ORDINANCE NO. 504.06
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; AND PROVIDING FOR AN EFFECTIVE DATE.
Motion to approve by Councilmember Lusskin. Seconded by Councilmember Iglesias.
Vote: Mayor Singer - Aye; Vice Mayor Einstein - Aye; Councilmember Colella-Battista - Aye; Councilmember Iglesias - Aye; Councilmember Lusskin - Aye.
Attorney Helfman explained the changes in section 2.02 from the first reading He directly spoke about the aesthetic violations and that it provided for a warning time.
Council comments:
Councilmember Battista - questioned that the residents did not have to pay the fine before they appealed.
Vice Mayor Einstein - Questioned whom the Code Enforcement Officer reports to. The Town Manager explained the organizational hierarchy
Councilmember Lusskin - the appearance violation softening was a good thing and it is strict in areas that it needs to be. Questioned page 7 - Town Manager presenting the case to the Special Magistrate. Town Manager can delegate it to the Code Officer.
Councilmember Iglesias - questioned that the Special Magistrate was appointed by the Mayor. Mr. Helfman clarified that the Council approves the appointment.
Opened Public Hearing
Al Herrick - 625 Ocean Boulevard - questioned how this Ordinance would affect the illegal hedges on Ocean. Mayor explained this is a total ordinance on how violations will be handled and not on individual cases.
Closed Public Hearing
ORDINANCE NO. 505.06
AN ORDINANCE OF THE TOWN OF GOLDEN BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES BY ESTABLISHING DIVISION 10, “BEAUTIFICATION ADVISORY COMMITTEE”, OF ARTICLE III, “BOARDS, COMMITTEES, COMMISSIONS”, OF CHAPTER 2 “ADMINISTRATION” PROVIDING FOR THE COMPOSITION, ORGANIZATION, RULES AND DUTIES OF SAID COMMITTEE; PROVIDING FOR RESCISSION OF CURRENT APPOINTMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.
Motion to approve by Councilmember Lusskin. Seconded by Councilmember Iglesias.
Vote: Mayor Singer - Aye; Vice Mayor Einstein - Aye; Councilmember Colella-Battista - Aye; Councilmember Iglesias - Aye; Councilmember Lusskin - Aye.
Attorney Helfman reviewed the reason for the Ordinance to formalize the committee.
Councilmembers - no comments
Opened public hearing
No comments
Closed public hearing
ORDINANCE NO. _507.06
AN ORDINANCE OF THE TOWN OF GOLDEN BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 14 “ENVIRONMENT” BY CREATING ARTICLE IV “HURRICANE PROTECTION MEASURES” CONSISTING OF SECTION 14-115 “PREVENTION OF STORM DAMAGE”; PROVIDING REGULATIONS CONCERNING LANDSCAPING AND THE MAINTENANCE AND DISPOSAL OF LANDSCAPING DEBRIS, TREES, YARD WASTE AND VEGETATION, SO AS TO MITIGATE POTENTIAL STORM IMPACTS AND DAMAGES; PROVIDING RESTRICTIONS ON PLACEMENT OF LANDSCAPING DEBRIS; REQUIRING REMOVAL OF CERTAIN EXOTIC PLANTS AND TREES FOR NEW CONSTRUCTION; PROVIDING FOR PROTECTION OF ELECTRIC POWER LINES FROM VEGETATIVE GROWTH; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE.
Attorney Helfman reviewed the reason for the Ordinance that will require residents to maintain any landscape within 6 feet of the power lines and how they can maintain it.
Secondly, it prohibits place the debris on the swale once a hurricane warning is declared.
Motion to approve by Councilmember Lusskin. Seconded by Councilmember Iglesias.
Vote: Mayor Singer - Aye; Vice Mayor Einstein - Aye; Councilmember Colella-Battista - Aye; Councilmember Iglesias - Aye; Councilmember Lusskin - Aye.
Council Comments:
Councilmember Iglesias - Discussed his concerns about the time used as "hurricane warning" since residents are use to putting it out. He recommended stating 3-days of the landfall. Mr. Helfman clarified that this was not a prohibition of placing the debris; the resident just had to provide a private hauler to remove it.
Vice Mayor Einstein - Emphasized the need to educate the residents.
Councilmember Lusskin - Questioned the penalty that included a $500 fine and up to prison sentence.
Councilmember Battista - Requested to know what the current policy is and what the policy now on trucks going around town is.
Town Manager explained the perception made if trucks constantly rotate through the Town.
Motion made by Mayor Singer to table the matter and have the Council forward their recommendations to the Town Manager. Requested staff to research if we can handle it if we made it three days prior and research how other communities are handling trash removal prior to storm (Bal Harbor, Hallandale, and Bay Harbor)
ORDINANCES - FIRST READING
ORDINANCE NO. 506.06
AN ORDINANCE OF THE TOWN OF GOLDEN BEACH, FLORIDA, AMENDING ARTICLE IV “SEAWALLS AND DOCKS” OF CHAPTER 46 “WATERWAYS” OF THE TOWN OF GOLDEN BEACH CODE OF ORDINANCES, BY AMENDING SECTION 46-76 “BUILDING PERMIT REQUIRED FOR SEAWALLS” TO REQUIRE SEAWALLS FOR ALL PROPERTIES ADJACENT TO WATERFRONT OTHER THAN THE ATLANTIC OCEAN AND AMENDING TITLE OF SECTION; AMENDING SECTION 46-77 “DESIGN, CONSTRUCTION OF SEAWALLS” TO REQUIRE SEAWALLS BE CONSTRUCTED IN ACCORDANCE WITH ATTACHED SEAWALL DETAIL; AMENDING SECTION 46-82 “DETERIORATED SEAWALLS, BULKHEADS PROHIBITED” TO REQUIRE BUILDING PERMITS FOR CONSTRUCTION OF ALL DOCKS AND SEAWALLS AND AMENDING TITLE OF SECTION; AMENDING SECTION 46-84 “PERMIT REQUIRED FOR DOCKS AND SEAWALLS” TO PROVIDE REVISED REQUIRED MINIMUM AND MAXIMUM
ELEVATION HEIGHT FOR ALL SEAWALLS AND AMENDING TITLE OF SECTION; AMENDING SECTION 46-86 “HEIGHT OF SEA WALLS AND DOCKS AND EXTENSION OF DECK OF DOCK” TO PROVIDE APPLICABILITY OF ARTICLE AND GUIDELINES FOR NONCONFORMING SEAWALLS AND AMENDING TITLE OF SECTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICT; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE.
Motion by Councilmember Lusskin. Seconded by Councilmember Iglesias.
Vote: Mayor Singer - Aye; Vice Mayor Einstein - Aye; Councilmember Colella-Battista - Aye; Councilmember Iglesias - Aye; Councilmember Lusskin - Aye.
Attorney Helfman explained the various parts of the Ordinance by setting height of seawalls, minimum and maximum heights, when the seawalls must be upgraded, and grandfathering clauses. Requires specific designs so modification will be brought to second reading.
Councilmember comments - none
Opened public hearing
Stan Feinman - 475 Ocean - Questioned how enforcement will be handled if a resident does meet requirements and is the Town required to take an action. Who enforces it, Code officer or others?
Attorney Helfman explained that the Code Officer would be required to follow-up on complaints.
Alene Fishbein - Concerned that this ordinance tells a person that they had to repair their seawall and she resents this. People have expenses. We should be a friendly town and realize that not everyone in the Town is millionaires.
Mayor explained that we would be kind but we would have to get compliance.
ORDINANCE NO. 508.06
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 EMPLOYEES PENSION PLAN 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.
Motion by Councilmember Lusskin. Seconded by Mayor Singer.
Vote: Mayor Singer - Aye; Vice Mayor Einstein - Aye; Councilmember Colella-Battista - Aye; Councilmember Iglesias - Aye; Councilmember Lusskin - Aye.
Mayor explained the purpose of the changes to the Code. Attorney Helfman explained the State Retirement Division objection to the removal of the police officer. It is a curative ordinance.
Councilmember Battista - no comment
Vice Mayor Einstein - questioned if there was a pension meeting upcoming and if he was required to go. Mayor clarified that they just had a meeting and he was required to go. Mr. Helfman stated that this Ordinance would need to have approval on a second reading to have it put into effect. Vice Mayor will need to be at the meeting.
Opened public hearing
No comment
Closed public hearing
RESOLUTIONS - QUASI JUDICIAL
RESOLUTION NO. 1779.06
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF GOLDEN BEACH, FLORIDA, APPROVING A VARIANCE REQUEST FOR THE PROPERTY LOCATED AT 170 SOUTH ISLAND DRIVE, GOLDEN BEACH, FLORIDA 33160 TO ALLOW A SECOND TO FIRST FLOOR AREA RATIO OF 79.3%; PROVIDING FOR CONDITIONS; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE.
Motion by Councilmember Iglesias. Seconded by Councilmember Lusskin
Vote: Mayor Singer - Aye; Vice Mayor Einstein - Aye; Councilmember Colella-Battista - Aye; Councilmember Iglesias - Aye; Councilmember Lusskin - Aye.
Dan Nieda explained that he felt that this was a reasonable request. Many issues that were raised due to the history of the permitting process with the prior Building Official.
Councilmember Iglesias - Explained that he felt when issues like this exists to errors by staff that we would have some recourse or legal action that we were paying good money for their services and they dropped their ball by not doing their job.
Vice Mayor Einstein - Questioned if this would be in compliance based on the discussion at the Code Review process. Mr. Nieda could not project that computation.
Councilmember Battista - Explained the Code Review Workshop from the previous night and felt the drawing made sense.
Attorney Sam Sorota - Clarified that Mr. Nieda correctly denied the plans and stated he needed a variance. Mr. Groll has gone forward based on the past decision of the former Building Official and spent a great deal of money preparing the plans. He explained the impact really only affects the people on the Intercostals.
Attorney Helfman clarified the responsibilities that it only pertains to the plans presented at this meeting.
Opened Public Hearing
None
Closed Public Hearing
RESOLUTION NO. 1780.06
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF GOLDEN BEACH, FLORIDA, APPROVING A VARIANCE REQUEST FOR THE PROPERTY LOCATED AT 674 OCEAN BOULEVARD, GOLDEN BEACH, FLORIDA 33160 TO ALLOW A SECOND TO FIRST FLOOR AREA RATIO OF 67.8%; PROVIDING FOR CONDITIONS; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE.
Motion by Councilmember Lusskin. Seconded by Councilmember Iglesias.
Vote: Mayor Singer - Aye; Vice Mayor Einstein - Aye; Councilmember Colella-Battista - Aye; Councilmember Iglesias - Aye; Councilmember Lusskin - Aye.
Dan Nieda read into the record his Summary Report on the variance. He expressed the options that Mr. Ezekiel had. Requested Council to consider imposing the fine for moving in without a CO to send a message
Vice Mayor Einstein - Expressed that he felt the Council should look that the house he built and what the ration looks like.
Mayor Singer - Stated that variances couldn’t be based on how beautiful the house is. Agreed that he is attempting to rectify
Councilmember Battista - Stated that she had visited the property and felt the ratio issue is still a part of this request.
Councilmember Lusskin - Stated that she recognized the seriousness of the moving in without a CO. Stated that we are reevaluating all our Codes and the percentages we admit are not working. He made a mistake but we should not be punitive.
Councilmember Iglesias - Stated that you could not compare the Groll case and this one. The Groll case was a mistake by staff that created the problem. He felt that residents must realize that they must pay some consequences through fines or other means.
Opened Public Hearing
Joseph Kaler - remedial architect - Hired to do the remediation on this project. He has met with the Building Official to mediate the problem. Discussed the garages and everyone agreed. Dan asked him to look again at the footages and found the other architect error in the square foot calculations.
Sydell Herrick - Emphasized the problem of setting precedence and the Council did do that with the vote on the previous case. Whether it is minor or not you will have to face the precedence you are setting.
Vice Mayor Einstein - asked if Mr. Ezekiel took the windows out would that remedy the problem and Dan stated no.
Closed Public Hearing
Mayor Singer requested Dan to follow up and pursue the fine for moving in without a CO before the CO is given.
RESOLUTION NO. 1781.06
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF GOLDEN BEACH, FLORIDA, APPROVING TWO VARIANCE REQUESTS FOR THE PROPERTY LOCATED AT 400 OCEAN BOULEVARD, GOLDEN BEACH, FLORIDA 33160 TO PERMIT CONSTRUCTION OF A GAZEBO IN THE REAR YARD; TO PERMIT CONSTRUCTION OF A POOL WITHIN THE REAR YARD SETBACK AT 7’-6” IN LIEU OF THE REQUIRED 10’ SETBACK; PROVIDING FOR CONDITIONS; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE
Motion by Councilmember Lusskin. Seconded by Councilmember Iglesias.
Vote (pool) Mayor Singer - Nay; Vice Mayor Einstein - Nay; Councilmember Colella-Battista - Aye; Councilmember Iglesias - Aye; Councilmember Lusskin - Aye.
Dan Nieda explained that the gazebo was approved was approved by the Building Regulatory Board, but the pool was not approved.
Jorge Salazar, Architect - Explained the applications and the plans for the property. He explained the need for the variance is to get 21 sq. ft.
Vice Mayor Einstein - questioned the use of the back easement area with the potential capital improvement project segment of under grounding the utilities. Dan Nieda explained that we would need the entire easement
Councilmember Battista - suggested that we needed to have the resident sign a release.
Vice Mayor Einstein stated that historically the Town never allowed pools to encroach in the rear setback. Dan Nieda stated that you could reduce the depth of the pool or the size of the pool.
Councilmember Lusskin questioned what the hardship was.
Mayor Singer stated that the hardship could be remedied.
Leon Egozi - Stated that the footage for undergrounding would not come from the rear setback, as it would be too expensive.
Councilmember Iglesias Suggested that Council was using a double standard
Roll call vote for pool was taken - Mayor Singer - Nay; Vice Mayor Einstein - Nay; Councilmember Colella-Battista - Aye; Councilmember Iglesias - Aye; Councilmember Lusskin - Aye.
Mayor Singer stated that Council needed to consider the Gazebo.
No Council comments were received.
Roll call vote for gazebo was taken - Mayor Singer - Aye; Vice Mayor Einstein - Aye; Councilmember Colella-Battista - Aye; Councilmember Iglesias - Aye; Councilmember Lusskin - Aye.
CONSENT AGENDA
Motion to approve by Mayor Singer Seconded by Councilmember Lusskin
Vote: Mayor Singer - Aye; Vice Mayor Einstein - Aye; Councilmember Colella-Battista - Aye; Councilmember Iglesias - Aye; Councilmember Lusskin - Aye.
Approval of Minutes:
Amended Regular Town Council Meeting - March 2, 2006
Code Review Workshop - March 7, 2096
Regular Town Council Meeting - March 21, 2006
RESOLUTIONS - MISCELLANEOUS
RESOLUTION NO. 1782.06
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF GOLDEN BEACH, FLORIDA, AUTHORIZING AND APPROVING THE ATTACHED EMERGENCY RELIEF PROGRAM AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION AND THE TOWN OF GOLDEN BEACH, PROVIDING FUNDING FOR DAMAGES CAUSED BY HURRICANES KATRINA AND WILMA; AUTHORIZING TOWN MAYOR TO EXECUTE THE AGREEMENT; AUTHORIZING IMPLEMENTATION OF THE AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE.
Motion to approve by Councilmember Iglesias. Seconded by Councilmember Lusskin
Vote: Mayor Singer - Aye; Vice Mayor Einstein - Aye; Councilmember Colella-Battista - Aye; Councilmember Iglesias - Aye; Councilmember Lusskin - Aye.
RESOLUTION NO. 1783.06
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF GOLDEN BEACH, FLORIDA, URGING MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE MIAMI-DADE COUNTY PUBLIC SCHOOLS’ LEGISLATIVE INITIATIVE; DIRECTING THE TOWN MANAGER 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
Motion to approve by Councilmember Iglesias. Seconded by Mayor
Singer
Vote: Mayor Singer - Aye; Vice Mayor Einstein - Aye; Councilmember Colella-Battista - Aye; Councilmember Iglesias - Aye; Councilmember Lusskin - Aye.
RESOLUTION NO. 1784.06
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF GOLDEN BEACH, FLORIDA, APPOINTING THERESA LABANCA TO THE TOWN OF GOLDEN BEACH BEACH ADVISORY COMMITTEE; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
Motion to approve by Councilmember Iglesias. Seconded by Councilmember Lusskin
Vote: Mayor Singer - Aye; Vice Mayor Einstein - Aye; Councilmember Colella-Battista - Aye; Councilmember Iglesias - Aye; Councilmember Lusskin - Aye.
RESOLUTION NO. 1785.06
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF GOLDEN BEACH, FLORIDA, APPOINTING MEMBERS TO THE TOWN OF GOLDEN BEACH BEAUTIFICATION ADVISORY COMMITTEE; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
Motion to approve by Councilmember Lusskin. Seconded by Councilmember Iglesias
Vote: Mayor Singer - Aye; Vice Mayor Einstein - Aye; Councilmember Colella-Battista - Aye; Councilmember Iglesias - Aye; Councilmember Lusskin - Aye.
RESOLUTION NO. 1787.06
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF GOLDEN BEACH, FLORIDA, AWARDING PROJECT FOR CONSTRUCTION BETWEEN THE TOWN AND WEEKLEY ASPHALT PAVING, INC., FOR PAVEMENT OVERLAY AND RELATED WORK FOR South Island Drive, Center Island Drive, and The Strand; APPROVING AGREEMENT FOR CONSTRUCTION; PROVIDING FOR IMPLEMENTATION OF AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE
Motion to approve by Councilmember Iglesias. Seconded by Vice Mayor Einstein
Vote: Mayor Singer - Aye; Vice Mayor Einstein - Aye; Councilmember Colella-Battista - Aye; Councilmember Iglesias - Aye; Councilmember Lusskin - Aye.
Mayor Singer reviewed the areas to be covered in the contract with comments from Town Manager.
Councilmember Iglesias questioned when we going to do Massini Avenue. Town Manager explained that it would not be done until after all the work that needs to be done in the various areas.
Mayor Singer questioned whether this included striping of the roadway. Town Manager explained that the roadways must be remarked. However, she was waiting until Mr. Helfman will advise if the Special Assessment I may be used for this project
Councilmember Battista questioned whether Attorney Helfman reviewed the contract.
RESOLUTION NO. 1788.06
A RESOLUTION OF THE TOWN OF GOLDEN BEACH, FLORIDA, AWARDING FENCE REMOVAL AND REINSTALLATION PROJECT (BID NO. 2006-02) (THE “PROJECT”) TO RS SUPPLY, INC.; AUTHORIZING MAYOR TO EXECUTE AGREEMENT BETWEEN THE TOWN AND RS SUPPLY, INC. FOR THE PROJECT; PROVIDING FOR IMPLEMENTATION OF AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE.
Motion by Councilmember Lusskin. Seconded by Mayor Singer.
Vote: Mayor Singer - Aye; Vice Mayor Einstein - Aye; Councilmember Colella-Battista - Aye; Councilmember Iglesias - Aye; Councilmember Lusskin - Aye.
Town Manager explained the background on the fence areas along A1A that were damaged during Hurricane Wilma and Massini Avenue, the lack of response when quotes were requested also the little response to the RFP. Identified the amount reimbursed by FEMA for the damaged fence.
Mayor Singer questioned on the fence material that was included in the fence bid backup and the fence representative explained the difference in his product and the chain link material RFP was solicited for. He explained that it was better than chain link.
3/16 galvanized wire - polyester baked on.
Mayor Singer Concerned that it offered no continuity in the Town, as all other fences were chain link. Questioned if it was as secure as a chain link. He was advised that it is more secure. He questioned the height of the fence bid and it was explained that the Massini Avenue fence was bid as 5-ft. Representative brought in the fence sample and explained the warranty period of 5 years covers the fence. He explained that at A1A he bid 5ft on the sides and 6 ft across the back. It was questioned that the fence at the basketball court now is 10 feet. Representative explained that it was various heights in that area - between 7 - 12 ft. Mayor questioned the Dan Nieda if a 12-ft fence could be placed on A1A. He stated yes. Councilmember Iglesias felt that we needed the 12-ft.
Mayor Singer requested that the company come back with a quote for 12-ft around the basketball court area and on Massini Avenue a quote for 8-ft.
Gayle Egozi - requested the Council to consider matching the wall like what is on the south end of Town. Cement wall will last forever.
Mayor Singer asked what the going rate of cost for cement at this time and Dan advised it was about $50/sq. ft. Mayor estimated it would be about $320,000 and Councilman Iglesias stated it would be about $32,000 for cement wall.
Town Manger explained that Mr. Helfman has to advise whether a new RFP would need
to be solicited or we could allow the company to just turn in quotes.
Mayor Singer made a motion to extend the meeting 15 minutes. Seconded by Councilmember Iglesias.
Vote: Mayor Singer - Aye; Vice Mayor Einstein - Aye; Councilmember Colella-Battista - Aye; Councilmember Iglesias - Aye; Councilmember Lusskin - Aye.
DISCUSSION AND DIRECTION
Approval of the Beach Attendant:
Mayor Singer questioned the recommendation of the Beach Committee for salary to be $10.00 per hour. Councilmember Iglesias clarified that it was not a recommendation of the entire committee only one person's suggestion.
Town Manager requested a consensus on the job description that will be used for interviews and ad preparation.
Councilmember Iglesias stated that he liked what it said but felt wording should be included that the position monitors the vandalism of the facilities. Felt that this would allow the ability to identify the vandals rather than the Town covers the cost. Town Manager asked if the 3rd bullet would cover that and still leave it general. Councilmember Iglesias agreed that would be fine but when training the person this should be pointed out as required
Councilmember Lusskin questioned if the monitoring of the people coming to the beach included the vehicles.
Mayor Singer recommended the Town Manager proceed to advertise and hire and the hourly rate of $8.00 - $8.50
Councilmember Iglesias stressed that the Security Guard must be directed not to just open the gate to the east parking lot without determining if they are residents. Lieutenant Smith advised that he had just addressed that with the guards.
Councilmember Iglesias requested that the Visitor Pass procedures are followed particularly the part that requires the resident to come to the Substation when requesting the passes for their guests.
CONSIDERATION OF MAKING A POLICY REGARDING DEMOLITION
Councilmember Lusskin explained the request to set a limit of time to complete a demolition.
Town Manager asked for consensus to go forward with putting together a resolution with the timeline.
Attorney Helfman questioned what they were trying to accomplish and suggested implementing a demolishing bond. Discussion was held on how other municipalities confront the issue.
Councilmember Iglesias Made a motion to extend the meeting for 15 minutes. Seconded by Mayor Singer
Vote: Mayor Singer - Aye; Vice Mayor Einstein - Aye; Councilmember Colella-Battista - Aye; Councilmember Iglesias - Aye; Councilmember Lusskin - Aye.
Attorney Helfman felt that the problem was an enforcement issue. He will research if you can put a completion date on a project.
Mayor Singer based on the discussion asked the Attorney Helfman to research a reasonable date of completion for the next code workshop.
Al Herrick - Asked for input on damage to your home foundation is it the person overseeing the project or the homeowner of the house being damaged. Attorney Helfman advised him that he would be happy to speak with him after the meeting.
Purchase of Chipper
Town Manager explained that the money was in the budget for a chipper. Demonstration was given on a 12" chipper. Prices were also received for purchasing rental equipment.
Mayor Singer questioned if we were going to train the employees and Town Manager explained that the company trains the staff. Questioned what other Town's were using and Town Manager stated they use various sizes but staff said this was recommended.
Councilmember Iglesias questioned whether gas or diesel and Town Manager thought it was diesel but would have to check.
Mayor Singer wanted the price of the 18" and what size does Asplunder use and the safety standard.
Mayor Singer stated that he wants the generator issue resolved and to get it going. Attorney Helfman stated he was surprised about the comments made by the Building Official. Town Manager explained the status of the issue. Town Attorney stated that we have not resolved the size, location, and type of equipment. New rules are not in place and therefore the status would be to issue permits as an accessory item on the property as indicated in the Code.
Councilmember Iglesias made a motion to extend the meeting for 10 minutes. Seconded by Councilmember Lusskin.
Vote: Mayor Singer - Aye; Vice Mayor Einstein - Aye; Councilmember Colella-Battista - Aye; Councilmember Iglesias - Aye; Councilmember Lusskin - Aye.
Consideration of Right to Speak Resolution
Councilmember Lusskin stated that resident, Stan Feinman, came to her to have a resolution put on the agenda for this matter. Explained that this has been researched with other municipalities. During the research it was brought out our Charter contains the language and she felt it was redundant to do a resolution on this matter.
Mayor Singer explained that citizens have a right to speak at Good & Welfare, Ordinances on first or second reading; the only thing we do restrict is discussion, direction, and resolutions. He stated that the Council has been lenient on allowing speaking on the Resolutions and Discussion.
Councilmember Iglesias advised that he felt it was arbitrary.
Councilmember Lusskin restated that she felt it was redundant since it was in the Charter.
Attorney Helfman stated he would like to research this matter further on how the Town has handled this in the past. He did state the no municipality that he knows of allows public speaking at every item on the Agenda but you certainly have the right to present an item, an issue, or a controversy and be heard on it. Typically, there is a public period on every meeting and that is when they can be heard. Ordinances by law you can be heard on them and felt that our Charter is clear on that.
Vice Mayor Einstein clarified that Roberts Rule of Procedure that we follow runs our meetings. There is a requirement to have the meeting end at a certain time. We are elected representatives and we provide many opportunities for the public to speak. Last night we had a workshop. We must balance that. He pointed out that you are a citizen but you don't have a right to go into Congress, raise your hand, and speak. He gave examples of meeting topics and then explained that we do have to balance that.
Councilmember Battista agreed that the Charter does give the right. We may need to clarify what our policy is and perhaps take a good look at Article XII.
Mayor Singer stated that we could direct the Attorney Helfman to research this.
Stan Feinman - As a councilmember, he discovered a book and found a citizen's bill of rights and it was voted in to be placed in the Charter. Things not put in a resolution form; they are forgotten. Example is the Motion book. The Town can make it more open to speak. He suggested a resolution of allowing residents to speak for 1 minute for and 1 minute against with two residents for each.
Attorney Helfman stated he needed a date on the Stormwater Litigation Executive Session.
Councilmember Iglesias - stated that he had sent emails to Mr. Helfman and would like them addressed before the Executive Session is set. Attorney Helfman stated that it was researched and you may not include former Mayor Addicott into the session
Councilmember Iglesias stated he has attended Executive Sessions and outsiders have been allowed to attend. Attorney Helfman restated that they should not have been allowed. When questioned if Mr. Addicott could be hired as an attorney to attend. Mr. Helfman advised that he could as an attorney but you must be careful; if he is not acting as legal council then you cannot have him at the session.
Mayor Singer stated that Council gave consensus was received to approve an executive session.
Motion to adjourn by Vice Mayor Einstein. Seconded by Councilmember Lusskin.
Vote: Mayor Singer - Aye; Vice Mayor Einstein - Aye; Councilmember Colella-Battista - Aye; Councilmember Iglesias - Aye; Councilmember Lusskin - Aye.
ADJOURNMENT - 11:45 p.m.
TOWN OF GOLDEN BEACH
One Golden Beach Drive
Golden Beach, FL 33160
OFFICIAL MINUTES
APRIL 18, 2006
LOCAL PLANNING AGENCY
7:00 P.M.
MEETING CALLED TO ORDER
Mayor Singer called the meeting to order at 7:09 p.m. Roll Call taken by Town Manager.
Council Members in attendance: Mayor Singer, Councilmember Colella-Colella-Battista, Councilmember Iglesias, and Councilmember Lusskin
Staff in attendance: Town Manager, Lieutenant Gary Smith, Town Attorneys Helfman and Gould, Dan Nieda, and Zoraya Roncallo.
Consideration of Ordinance 506.06
Town Attorney Helfman explained the Land Development Code and that FL law requires a local planning agency (LPA) is to review and make a recommendation to the legislative body on any change to the zoning code. In towns this size it is common for the Council to serve as the LPA.
Attorney Helfman described the contents of the ordinance specifically all seawalls must be at a minimum of 5.5 ft and a maximum of 6.5 ft and the grandfathering provisions.
Explained that a policy will be written by the Town Manager, Building Official with input from the Town engineer for Council approval. The policy should identify the seawalls that do not meet the 4-ft limit. It was determined by the Town Engineer that it would affect approximately 67 homes.
Mayor Singer requested that we identify the number of residents without any seawalls.
Councilmember Lusskin interested in the policy to put it in place and felt it was prudent to go forward with it.
Councilmember Colella-Battista suggested that we clarify the language on seawalls concerning the height.
Councilmember Iglesias recommended that we have a plan on how we are going to handle the complaints that we can expect to get after we put this into effect. He felt that approximately 40 % of the residents could be affected.
Dr. Feinman stated that the Comprehensive Planning Board is a part of the Local Planning Board and the committee was never informed to give their input. He requested a meeting be called of the Comprehensive Planning Board
Attorney Helfman clarified for the Council Local Planning Agency is the Council established under FS 163.31741. He explained the Comprehensive Planning Board is a separate board not associated with the LPA. Their purpose is to review amendments to the Town's Comprehensive Plan and that is their sole jurisdiction.
Motion by Mayor Singer to recommend the zoning change to the Seawall section of the Town Code. Seconded by Councilmember Colella-Colella-Battista.
Vote was 4/0.
ADJOURNMENT - 7:34 p.m.
ATTEST:
Bonilyn Wilbanks-Free
Town Manager
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