Town of Golden Beach Florida
Town Council Minutes 05/22/2006 - Code Review Workshop
TOWN OF GOLDEN BEACH
One Golden Beach Drive
Golden Beach, FL  33160

OFFICIAL MINUTES
                                                MAY 22, 2006
CODE REVIEW WORKSHOP
6:30 P.M.

MEETING CALLED TO ORDER
Mayor Singer called the meeting to order at 6:38 p.m. Roll Call taken by Town Manager.

Council Members in attendance:  Mayor Singer, Councilmember Colella-Battista, Councilmember Iglesias, and Councilmember Lusskin.  

Staff in attendance:  Town Manager, Town Attorneys Helfman and Gould, Chief Skinner and Building Official Dan Nieda.

PLEDGE ALLEGIANCE TO THE FLAG - assisted by Councilmember Colella-Battista's son, John Paul Battista.

1.      CONSTRUCTION/DEMOLITIAN TIMELINE - TOWN ATTORNEY

Town Attorney updated the Council on what other communities are using to complete a demolition permit.  Bal Harbour uses 100 days.  Ft. Pierce, Monroe County, Cocoa use 60 days expiration.  Monroe County does not allow for extensions.  Ft. Pierce and Cocoa Beach allow for extensions upon justifiable cause.  Council needs to give direction on the timeline that they want.  It does not address if someone does not use it.  This is not going to solve the problem that Golden Beach has experienced.  You can have a demolition bond, which you can draw on if a job is not completed.  

Mayor Singer pointed out that this was the first time that he is aware that this problem has ever existed.  He stated a bigger issue is a house that is purchased that nothing is improved on the home and it will sit in a bad state of disrepair.  

        Dan explained three issues:
        House is purchased and there are major repairs and it sits.
House gets started towards a demolition and does not get completed  - presently they have 6-months.
        House gets purchased for demolition

        He recommends a re-vegetation bond to be required.  

Discussion was held on small structures that are left on the property.  Code is no clear on this matter.

Town Attorney says that you cannot have an accessory structure without a principal structure and he believed that our Code addresses it.  He explained that he has given though on a completion of construction sites.  You could have a completion bond but the penalty would have to be very large due to the size of the homes built.  This could have a negative impact on mortgage lenders.  

Dan explained that Bal Harbour does not have a time limit to complete the work on construction.  

Councilwoman Colella-Battista recommended that we do this in smaller steps.  

Requested Dan to give a list of homes that are behind in construction by the next meeting.  

Agreed that we consider a 90 days limit on demolition and a re-vegetation bond.  

Councilwoman Lusskin recommended enhancing the maintenance of the construction sites.

2.      FACILITY RENTAL - ORDINANCE 459.2000 - Town Manager

Town Manager explained that the Ordinance is outdated as it pertains to the following:
·       Animals
·       Equipment

Councilmember Colella-Battista suggested that we use the well field area.  It was explained that this area is unleveled and a water retention area.

Mayor Singer stated the animals could be allowed at Tweddle Park however none on the Beach area.  

Councilmember Iglesias recommended that we have only healthy animals allowed.  

Mayor Singer questioned if the bond was enough and Town Manager explained that there has not been a lot of damage caused by parties.

Town Manager requested Council to determine what other equipment such as bounce house, rock-climbing walls.  We are not renting the beach only the Pavilion.  

Mayor recommended that the Pavilion only be rented.  Question was raised about the dance floor.  

Town Attorney stated that the beach to the high water line is public and you cannot regulate it.  

Resolution to approve a policy on the rental of the facility that the Town Manager prepares.  

Councilmember Iglesias suggested after hours allowing use of the areas beyond the loggia.

3.      USE OF SWALES - Town Attorney

Town Attorney will prepare a waiver form/letter on the use of the swale area.  Code states that planting plans are to be approved by the Building Regulation Advisory Board.

Town Attorney explained that Code Section 66-119 addresses it.  Enforcement is necessary.

Letter is enough to cover this matter.  

4.      GRADING OF PROPERTY - Code Section 66-141 - Dan Nieda

        Dan explained the item and presented a drawing on this matter.  Recommended adjusting the height of decks and driveways.  Recommended 36" about the crown of the road.

        Town Attorney will prepare two Ordinances to address this matter for the next meeting.  Need separate issues for the Oceanside residences and the rest of the Town.

Next Meeting:

Project list from Miller to Councilmember Colella-Battista.  

Motion to adjourn by Mayor Singer. Seconded by Councilmember Lusskin.
Vote: 4 Ayes 0 Nays

ADJOURNMENT -7:30 p.m.

TOWN OF GOLDEN BEACH
One Golden Beach Drive
Golden Beach, FL  33160

OFFICIAL MINUTES
May 16, 2006

REGULAR TOWN COUNCIL MEETING
7:30 p.m.
MEETING CALLED TO ORDER
Vice Mayor Einstein called the meeting to order at 7:14 p.m. Roll Call taken by Town Manager.

Council Members in attendance:  Vice Mayor Einstein, Councilmember Colella-Battista, Councilmember Iglesias, and Councilmember Lusskin  

Staff in attendance:  Town Manager, Town Attorneys Helfman and Gould, Maria Camacho, Chief Skinner, Dan Nieda, and Fabiana Kepko.

PLEDGE OF ALLEGIANCE
Resident (Former Mayor of North Bay Village) Bob Smoley led the pledge to the flag

PRESENTATION:  None

ADDITIONS/DELETIONS/REMOVAL OF ITEMS FROM CONSENT AGENDA/ CHANGES TO BE MADE TO AGENDA
Councilmember Iglesias added item #18 - Horticultural waste on weekends
Motion by Councilmember Iglesias. Seconded by Councilwoman Lusskin.
Vote: Vice Mayor Einstein - Aye; Councilmember Colella-Battista - Aye; Councilmember Iglesias - Aye; Councilmember Lusskin - Aye.
Pulled #5 - off consent agenda
Motion by Councilmember Iglesias. Seconded by Councilwoman Colella - Battista.
Vote:  Vice Mayor Einstein - Aye; Councilmember Colella-Battista - Aye; Councilmember Iglesias - Aye; Councilmember Lusskin - Aye.

Vice Mayor Einstein pulled Item #12.  Direction given to Town Manager to provide Council with all legal bills and retainer agreement and each Council Member was asked to review the bills and requested to speak with the Town Attorney to resolve their concerns prior to the next meeting when this item would be placed on the Agenda for discussion and direction.  
Motion by Vice Mayor Einstein. Seconded by Councilman Iglesias.
Vote:  Vice Mayor Einstein - Aye; Councilmember Colella-Battista - Aye; Councilmember Iglesias - Aye; Councilmember Lusskin - Aye.
.
Town Manager  added #9A - Additional coverage for Insurance
Motion by Councilmember Iglesias. Seconded by Councilmember Lusskin.
Vote:  Vice Mayor Einstein - Aye; Councilmember Colella-Battista - Aye; Councilmember Iglesias - Aye; Councilmember Lusskin - Aye.
.
TOWN BOARD/COMMITTEE REPORTS
·        Comprehensive Planning Board - Member Stan Feinman -
o       Stated that the Mayor has denied his request for a meeting of the Board.
o       Believes that this committee should meet regularly so it can have its input on major projects.  
o       Requested Mayor to call a meeting
o       Suggested that Al Paruas should resign from the Committee.  
o       Requested the Town Manager to answer for Mayor on the denial of the meeting.  (Vice Mayor denied his request)

·       Recreation Committee - Chairperson Dina Nicolella - Announced the Memorial Day Event on May 28th at 3 PM.

·       Beach Committee -       Chairperson Councilmember Iglesias - Requested Town Manager to give update on the Beach Rope.  Town Manager explained that following research by Fabiana Kepko, Assistant to the Town Manager, it was determined that we may be able to get approval by submitting a permit.  We are proceeding forward to apply for the permit Department of Environmental Protection.

Attorney Helfman clarified for Comprehensive Planning Board Member Stan Feinman  
as a committee member, he can call a meeting of the committee.   

GOOD & WELFARE - Vice Mayor explained the purpose and procedure for this part of the meeting.

Fred Chouinard - 407 Ocean Blvd
·       Suggested an Ordinance that required all property owners to have termite protection.  
·       He distributed pictures of the residence next door to him and explained that it has been an eyesore for 4 years.  (Addendum #1)
·       
·       He expressed his disappointment with the Special Magistrate and recommended the Special Magistrate have term limits.

Ilan Sebag - 455 Center Island
·       Thanked the Council for the work that they are doing and would like to serve on any committees.  
·       Complained about his experience with the Town Manager concerning a pothole on Center Island.  He felt she was unprofessional and rude and felt the Town Council should know.
Stan Feinman - 475 Ocean Blvd
·       Read his letter into the record (Addendum #2) and stress his disappointment in having his request to speak denied.  
·       He advised that if he does not get to speak at the June meeting, he will report it to the Ethic Commission and let them investigate that his rights were violated.
·       He stated that he had contacted Paul Buzinec, Loggia Architect and he was advised that the Town has not paid him his $5,000 retainer fee.
·       Recommended that the Mayor go to Jupiter to learn about undergrounding.  Recommends that the Mayor go to Dade County and demand that they resurface the streets.  
·       Recommended that the Mayor notify Dade County that the border between Dade and Broward is that fence and get them to replace the fence or put up a wall.
·       Instruct Ken Jones to fix the fence on AIA.  It does not need to be replaced.  Both he and Ken inspected it, agreed that the fence can be repaired, and save the Town about $32,000.
·       Accused the Mayor of spending a lot of money while complaining that the Town does not have any.  
·       Stated the Town spent $10,000 on a second electric car that was not needed.  
·       Stated that the Town spent $200,000 on a dog that was not needed.
·       Complained of mismanagement from the top to the bottom.  
·       More respect and courtesy from the Town Manager and Mayor would be appreciated.

June Krogall - 422 Golden Beach Drive
·       Concerned about the Town spending money
·       Stated that not everyone has money to put in a new seawall.  
·       Does not believe seawalls will prevent the Town flooding in the streets.  
·       Agreed with Stan Feinman.  
·       Feels Town is unique and it does not have to be gorgeous like a new Town going up.  
·       Feels there needs to be more study on the seawalls.  

Dina Nicolella - 522 N. Parkway
·       Reminded Council of her request for a pathway around North Park like South Park.  
·       Would like to consider lowering the speed limits and install speed bumps.

Town Attorney explained that things that regulate the flow of traffic are controlled by Miami-Dade County even within the municipalities.  Many municipalities have implemented traffic calming devices.  He reiterated that many residents want the traffic calming systems in future planning.

MAYOR'S REPORT - None

COUNCIL COMMENTS

Councilmember Colella-Battista - Potholes are a big issue and asked Town Manager to respond about them.  Addressed Dr. Feinman's comments about not having time to speak and countered it with describing the various ways that he is allowed to speak.  Addressed Mrs. Krogall and assured her that the Town was not intending to saddle the residents with bills that they cannot handle.  Addressed the strengths of the Ordinance to fix seawalls that were in bad shape and raised the height for homes that would be built or renovated.  Council is addressing the infrastructure issues in the Town.  Assured Dina that she was concerned with the speeding as well and will continue to look into it.

Councilmember Lusskin - Stressed that each person is able to feel as they will and reminded the residents that Golden Beach is a great place to live.  Improvements are never easy, but do not loose sight of how great it is to be home.  Gave the example of the neighbors who came and helped Mrs. Kheel when she found her husband in the swimming pool.  Noted that painting the curbs sharpened it up.  Requested an update on the Alarm Board letter and the response to it from both the Town and the alarm company.  Congratulated the Einstein family on their daughter winning her award.  Flooding on South Parkway seems improved with the recent work completed.  Expressed concerns over a dirty swimming pool on a home that is up for demolition.   

Councilmember Iglesias - Addressed Dr. Feinman's concern for a Comprehensive Planning Committee meeting.  Stated that he attempted to get the Mayor to involve the Committee on the Capital Improvement Project.  He directed the Town Manager to get copies of the Comprehensive Planning Committee's survey and the 5-yr Master Plan for Golden Beach that was drawn by JC Garrido.  Stated that the Special Magistrate issue needs to be addressed in the near future for the better.  Acknowledged the undergrounding and the wall suggested by Stan Feinman and complimented him on his ideas and his concept to save some money. Regarding the potholes, he advised that it would be addressed at this evening's meeting.  Apologized to Mr. Sabag.  Addressed Mrs. Krogall and advised that we need to correct the seawalls without giving any undo hardships and stated he did not agree with the mailboxes.  Addressed Chief with incidents of traffic violations that he witnessed recently.  Stated that the Town must become proactive with the seawalls and referred to the southwest corner of the Strand is deficient and we must correct our seawalls.  The Town should lead by example.  Pointed out that we have failed to formalize the Finance Committee.  Congratulated Vice Mayor Einstein on his daughter's Silver Knight Award and on the legal bills. Requested a legal opinion from the Town Attorney on starting a meeting without him being present.  Addressed the Town Manager for updates on the Beach Attendant, Kayak rack, the street cleaning, the legal bills.  The Mayor mentioned that the bills were erroneous and wants that corrected in the minutes and wants the Town Manager to answer on whether the bills were erroneous was the Council being mislead.  Also wants an update on the fire hydrants.  There are no hydrants between Navona and Palermo and between Palermo and The Strand there are no hydrants.  

Vice Mayor Einstein:  Congratulated the Lusskin family on the graduation of their son from law school.  Encouraged the residents to contact the Council Members if they have a problem with the Town Manager or staff members.  Wants staff to be polite at all times.  Addressed the Golden Beach infrastructure and stated that the problems have increased with the sizes of their homes and we have not kept up with our infrastructure.  Suggested that we need to go forward with the Comprehensive Plan and within the next couple of months we will have the residents' input on the Capital Improvement Project.  

TOWN MANAGER'S REPORT - addressed the Center Island issue and the steps that lead up to Mr. Sabag coming to Town Hall and interrupting a meeting.  Stated that gravel will be maintained in the hole until the overlay project is complete in July.  Responded to Dr. Feinman's complaints of not getting a Comprehensive Planning Board meeting. Council directed to put on the Comprehensive Planning Board duties on next agenda for discussion and direction.  Explained the Alarm Board as a back-up system and how it works. Beach attendant update will be checked on as Zoraya was handling it.  Fire hydrants need to be dealt with the Fire Department.  Will follow-up with a letter to the County on this request. Updated the Council on MUCC and requested their approval to go forward with participating in the analysis study.       

Vice Mayor Einstein made a motion to allow the Town Manager to spend within the range from $1,000 to $3,000 to participate in the analysis study for the cost of under grounding in support of the other cities.  Seconded by Councilmember Iglesias.  
Vote:  Vice Mayor Einstein - Aye; Councilmember Colella-Battista - Aye; Councilmember Iglesias - Aye; Councilmember Lusskin - Aye.

ATTORNEY'S REPORT - Responded to Councilmember Iglesias' question regarding attendance at meetings.  He stated that there was nothing in the Code that prevented the Council from starting a meeting without the attorney being present.  The Attorney is an advisor and if the Council wants to go forward without him present, you can do that.

Councilmember Iglesias inquired as to what he would advise as the Council's advisor and that it was the May 15th Special Town Council Meeting that he was referring to.

Attorney Helfman stated if the Council has legal issues that the Council needs help and advice on then he would suggest that they wait.  If you are dealing with ministerial functions then the Council could start without him. He stated that if the majority of the Council wants to go forward then you could go forward.  He further advised that if you want the attorney's legal advice then you should wait for him to get there to participate.  If not, then you could go forward.

ORDINANCES- SECOND 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 REQUIED 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. Sponsored by Town Council.  

Town Attorney presented the background on the Ordinance.  The main purpose of making the seawall height to 5.5 feet to keep the tidal water from entering the Town.  He explained the trigger events as
·       A seawall under the Code today - you do nothing.  
·       You do substantial modifications to your house you need to bring it up to 5.5 feet
·       If destroyed for some reason by a causality loss
·       Upon the sale of the house, the current homeowner is not put through the hardship but the new owner would have the obligation to bring it up to Code.

Council Comments:

Vice Mayor Einstein asked for clarification that if you sell your house and you had a 4-foot wall, at that point and time the new owner must put in a 5.5-foot wall.  Attorney Helfman stated yes.  He questioned how many seawalls would be affected. Dan Nieda explained that it was 67 homes.

Councilmember Lusskin stated that when residents need to repair the seawall and it is next to a piece of the town seawall portion, it would be cost efficient for the town to repair at the same time.  She recommended that staff put together a list of companies that will repair the seawalls and work with the Town on larger numbers, which may help to lower the cost for the residents.  The Town Attorney expressed his concern that the Town should not be recommending companies.

Councilmember Colella-Battista requested a clarification on the process that was going to be implemented.  Also, felt that there should be a dispute period. She questioned 46-84 on dock depths greater than 6-feet.  Dan Nieda discussed his procedures and that it would take up to 375 days to complete and recommended the town be done in zones due to the impact the barges could have in one area.  Along with the list of vendors, he will try to develop one contact person at DERM that we would deal with for the permits.  This may expedite the process.  Stated that we should have a complete process that we move forward with if the courtesy notice does not work. He stated that he was concerned with the proposed seawall replacements, which appeared to be pre-cast walls with tiebacks.  This could interfere with the construction of pools. The Town Attorney explained that this is the present language in the Code.  It was underlined, as it was moved

Councilmember Iglesias questioned the dock depth language. He stated that it would be prudent for the Town to have the whole packet on the information for the residents when they come to the Town to bring it up to Code.

Vice Mayor Einstein explained that we need to use a very soft letter when we approach the residents.  Cautioned that if we use zones we could be accused on being arbitrary and capricious. The Town Attorney clarified that the 67 homes that could be sent the letter is simply to get these homes to get up to Code.

Opened Public Hearing

Bob Smoley - Questioned what the 6-feet was measured from.  Town Attorney clarified the used of NGVD line.  Clarified the trigger factors that would cause a resident to have to repair the wall.  Cautioned the Town about providing a list of companies due to liability. Suggested a bond that they can post at Town Hall used during the time the repair is being done.  

Neil Leff - Questioned the purpose of the Ordinance as the infiltration is through the catch basins and not the seawalls.  Stated we have never had a tide higher then 4-feet   and recommended we check the predicated tides   Concerned over the aesthetics of the various heights and how it will affect the look of the Town.  Stated that it will take in excess of 50 years to get all seawalls rebuilt.  He explained the difference between predicted tides and actual tides.

Closed Public Hearing
Motion  to approve the Ordinance by Councilmember Lusskin. Seconded by Councilmember Iglesias.  
Vote:  Vice Mayor Einstein - Aye; Councilmember Colella-Battista - Aye; Councilmember Iglesias - Aye; Councilmember Lusskin - Aye.

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. Sponsored by Mayor Singer

Town Attorney gave background information.

Council Comments:

Councilmember Lusskin - Concerned over residents having to hire their own private hauler.  Stressed that we need to do educational sessions with the residents.   

Vice Mayor Einstein - Pointed out that administration continuously goes beyond to provide service and we need to continue to work together.

Councilmember Iglesias - Wants enforcement to be treated fairly for everyone.  We cannot have residents treated differently.

Attorney Helfman - clarified the after a hurricane warning is posted the residents need to be sure that if they put out debris they should ensure that it will get picked up.

Opened Public Hearing

Bob Smoley - Stated that dumps never closed in Miami-Dade or Broward County.  

Fred Chouinard - Residents on Ocean Boulevard are ignoring the Ordinance now.  Residents continue to violate the Ordinance and we need to give violations on Saturday and Sunday on Ocean Boulevard.

Closed Public Hearing

Motion to approve with amendment to delete the term of imprisonment will be deleted by Vice Mayor Einstein. Seconded by Councilmember Lusskin.
Vote:  Vice Mayor Einstein - Aye; Councilmember Colella-Battista - Aye; Councilmember Iglesias - Aye; Councilmember Lusskin - Aye.

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. Sponsored by the Town Attorney.

Town Attorney gave background information.

Opened Public Hearing
None
Closed Public Hearing

Motion to approve the Ordinance by Vice Mayor Einstein. Seconded by Councilmember Colella-Battista.
Vote:  Vice Mayor Einstein - Aye; Councilmember Colella-Battista - Aye; Councilmember Iglesias - Aye; Councilmember Lusskin - Aye.

ORDINANCES - FIRST READING

ORDINANCE NO. 509.06
ORD. NO. 509.06
AN ORDINANCE OF THE TOWN OF GOLDEN BEACH, FLORIDA, AMENDING SECTION 66-6 “GENERAL CONSTRUCTION REQUIREMENTS” OF ARTICLE I “IN GENERAL” OF CHAPTER 66 “ZONING” OF THE TOWN OF GOLDEN BEACH CODE OF ORDINANCES TO REQUIRE TEMPORARY CONSTRUCTION SITE FENCING; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by the Council.

Town Attorney gave background information.

Motion to approve by Vice Mayor Einstein. Seconded by Councilmember Lusskin.
Vote:  Vice Mayor Einstein - Aye; Councilmember Colella-Battista - Aye; Councilmember Iglesias - Aye; Councilmember Lusskin - Aye.

RESOLUTIONS - QUASI JUDICIAL - None

CONSENT AGENDA
Motion to approve by Councilmember Iglesias. Seconded by Vice Mayor Einstein.
Vote:  Vice Mayor Einstein - Aye; Councilmember Colella-Battista - Aye; Councilmember Iglesias - Aye; Councilmember Lusskin - Aye.


RESOLUTION NO. 1791.06
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF GOLDEN BEACH, FLORIDA, APPROVING AN AGREEMENT BETWEEN THE TOWN AND CLARKE ENVIRONMENTAL MOSQUITO MANAGEMENT, INC. FOR MOSQUITO MANAGEMENT SERVICES; PROVIDING FOR IMPLEMENTATION OF AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Administration.

RESOLUTIONS- MISCELLANEOUS

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. Sponsored by Administration.

Town Manager provided the background and the revision as proposed. Advised that a concrete wall would cost $325,000.  It would need to be on pilings and not concrete block.

Council Comments:

Councilmember Colella-Battista - Requested to put on a concrete wall for discussion on June agenda.

Councilmember Lusskin - Advised that this would be an immediate fix for the problem

Vice Mayor Einstein - Stated that there is a lot of maintenance with areca palms  

Motion to approve by Councilmember Iglesias. Seconded by Vice Mayor Einstein.
Vote:  Vice Mayor Einstein - Aye; Councilmember Colella-Battista - Aye; Councilmember Iglesias - Aye; Councilmember Lusskin - Aye.

RESOLUTION NO. 1790.06
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF GOLDEN BEACH, FLORIDA, AUTHORIZING THE TOWN MANAGER TO TRANSFER A TOTAL OF THIRTY-FIVE THOUSAND DOLLARS ($35,000.00) FROM THE 1994 SPECIAL ASSESSMENT SERIES 1 BANK ACCOUNT (ACCOUNT NO.: 130-000-101065-00-000) TO THE REPAIRS AND MAINTENANCE-STREETS ACCOUNT (ACCOUNT NO.: 001-541-465000-00-000) FOR STREET OVERLAY AND STRIPING EXPENSES EXCEEDING THE 2005-2006 BUDGETED AMOUNT; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Administration

Motion to approve by Vice Mayor Einstein Seconded by Councilmember Iglesias.
Vote:  Vice Mayor Einstein - Aye; Councilmember Colella-Battista - Aye; Councilmember Iglesias - Aye; Councilmember Lusskin - Aye.

RESOLUTION NO. 1792.06
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 TWO LASER BASED SPEED MEASURING DEVICES FOR THE GOLDEN BEACH POLICE DEPARTMENT; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Councilmember Iglesias

Town Manager gave the background on this item which was requested be brought to Council by Councilmember Iglesias.  

Motion to approve by Councilmember Iglesias Seconded by Councilmember Colella-Battista.
Vote:  Vice Mayor Einstein - Aye; Councilmember Colella-Battista - Aye; Councilmember Iglesias - Aye; Councilmember Lusskin - Aye.

RESOLUTION NO. 1793.06
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF GOLDEN BEACH, FLORIDA, AUTHORIZING AND APPROVING ADDITIONAL PREMIUM PAYMENT OF $9,958.00 FOR INCREASED PROPERTY INSURANCE COVERAGE WITH FLORIDA LEAGUE OF CITIES, INC. FOR TOWN FACILITIES; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Administration

Town Manager provided the background on this item.

Motion to approve by Councilmember Iglesias Seconded by Councilmember Colella-Battista.
Vote:  Vice Mayor Einstein - Aye; Councilmember Colella-Battista - Aye; Councilmember Iglesias - Aye; Councilmember Lusskin - Aye.

DISCUSSION AND DIRECTION

Consideration of Purchasing Pocket Citation Equipment:
Town Manager provided the background on this item and Chief Skinner explained the equipment and showed a sample of the ticket to the Council and the two types of software that can be purchased.  Explained the elimination of errors and time saving feature to this equipment.  Discussion was held on the financial impact.  Chief recommended five packages @ $3200.00.  Vice Mayor requested this be tabled until June Council Meeting. Council and Council gave consensus to table until June.

Purchase of a Chipper:
Updated with the requested information on other Towns and the cost.  Council approved going forward with the purchase of the Vermeer 12" for $27,500.  Finance Director advised that we have $12,000.00 budgeted.  Motion made by Councilmember Iglesias to purchase a 12" chipper.  Seconded by Vice Mayor Einstein.
Vote:  Vice Mayor Einstein - Aye; Councilmember Colella-Battista - Aye; Councilmember Iglesias - Aye; Councilmember Lusskin - Aye.

Setting of Committee Membership to 5 members:

Councilmember Iglesias explained this item.  Points made were no tie votes, more residents will be involved in serving if each Council person has to request the resident.

Councilmember Lusskin: Explained that she felt the committees would become politically based but not necessarily selecting people that have the skills.  

Councilmember Colella-Battista: Supports Council having input but not necessarily that everyone has a pick.

Town Attorney explained the present status of the Code regarding committees.  Clarified that the Council was referring to search and evaluation committees.  

Consensus was given to have the Town Attorney prepare a resolution for the next meeting

Vice Mayor Einstein Followed up on Councilmember Colella-Battista's request to table 14, 15, 16,and18 remaining items on the agenda to the June meeting.  

Adopting a Policy for Exempt Employees - tabled

Coded House Numbers for the Water Side of Water Front - tabled

Employee Performance Increases for FY06/07 - tabled

Horticulture on Weekends - tabled

Motion to table the items made by Councilmember Iglesias and seconded by Councilmember Lusskin.  
Vote:  Vice Mayor Einstein - Aye; Councilmember Colella-Battista - Aye; Councilmember Iglesias - Aye; Councilmember Lusskin - Aye.
.
Recommendation of the Town Clerk Search Committee:

Councilmember Iglesias updated the Council on the Search Committee action for the search of the Town Clerk.  Discussion on the type of background would be done.  Discussed the candidate recommended by the Search Committee and her qualifications

Vice Mayor Einstein thanked Councilmember Iglesias for his work and time put in to conduct the search.

Motion to make a conditional offer of employment to Stephanie Diaz by Councilmember Iglesias and seconded by Vice Mayor Einstein.  
Vote:  Vice Mayor Einstein - Aye; Councilmember Colella-Battista - Aye; Councilmember Iglesias - Aye; Councilmember Lusskin - Aye.

ADJOURNMENT - 10:48 pm
Motion to adjourn by Vice Mayor Einstein, seconded by Councilmember Iglesias.
Vote:  Vice Mayor Einstein - Aye; Councilmember Colella-Battista - Aye; Councilmember Iglesias - Aye; Councilmember Lusskin - Aye.

ATTEST:
Bonilyn Wilbanks-Free
Town Manager