TOWN OF GOLDEN BEACH
One Golden Beach Drive
Golden Beach, FL 33160
OFFICIAL MINUTES
REGULAR TOWN COUNCIL MEETING
June 20, 2006
6:30 P.M.
A. MEETING CALLED TO ORDER
Meeting called to order by Mayor Singer at 6:34 PM.
B. ROLL CALL
The Town Manager called roll. Councilmembers Present: Mayor Singer, Vice Mayor Einstein, Councilmember Colella-Battista, and Councilmember Lusskin. Councilmember Iglesias came in during the presentation of K-9.
C. PLEDGE ALLEGIANCE TO THE FLAG
Chief Skinner led the recital of the Pledge of Allegiance
D. PRESENTATIONS - K-9 Officer Arco
Mayor Singer proudly announced the addition of the newest member of the Golden Beach Police Department, K-9 Officer Arco and presented him with his official K-9 Badge. Mayor Skinner asked Officer Martinez to tell the Council a little bit about the dog
Officer Martinez introduced a K-9 dog. He stated, dog is currently certified and will be certified in narcotics next week.
Mayor Singer elaborating on the expense of the dog stated that, after review of the total expense, a total cost of $34,455.00 was used for the purchase of the dog, of which $20,000.00 was used for the Ford Explorer.
E. ADDITIONS/DELETIONS/REMOVAL OF ITEMS FROM CONSENT AGENDA/ CHANGES TO BE MADE TO AGENDA
Item No. 6 - pulled from consent agenda due to the dollar amount change.
Item No. 3 - is pulled off the Agenda by Town Manager as requested by the Town Attorney.
Item No. 4 - Mayor Singer and the Council agreed to remove the minutes off the consent agenda and place them as Item P1, right before 8.
Item No. 13 - Finance Director Camacho asked that the Council replace Item No. 13 on their green sheets – Budget Time Table, as she had mistakenly inserted data from the 2005 calendar.
Mayor Singer confirmed the changes of to delete Item No. 3 off the agenda, delete Item No 6 off the agenda, and to move out of consent agenda the approval of the minutes from the consent agenda to P1
Motion by Mayor Singer. Seconded by Vice Mayor Einstein.
Vote: Mayor Singer - Aye; Vice Mayor Einstein - Aye; Councilmember Colella-Battista - Aye; Councilmember Iglesias - Aye; Councilmember Lusskin - Aye.
F. TOWN BOARD/COMMITTEE REPORTS
Comprehensive and Planning Board - Stan Feinman
· Advised by the Town Secretary that Al Paruas has resigned from the Comprehensive and Planning Board has notified him; he stated; if that were the case, there are only three members and thinks two more members should be added to the committee.
· After reviewing the Evaluation and Appraisal Report, of the Town’s adopted Comprehensive Plan report, adopted May 17, 2005. He stated that there’s a document in that particular book that reads, “Town of Golden Beach Five Year Capital Master Plan, 204-205”, prepared by The Comprehensive Planning Board, which had been submitted to the Council for approval. He clarified that the purpose of the committees is to make recommendations to the Council and the Council decides on it. He stated he wanted it on the record that, the Council never approved it.
Vice Mayor Einstein asked Stan Feinman to make a copy of the Town of Golden Beach Five Year Capital Master Plan, 2004-2005 available for Council to review.
Councilmember Iglesias stated that he has asked the Town Manager to put together for distribution to a copy of the Comprehensive Master Plan that was put together by JC Gerardo. Town Manager confirmed she had accomplished that task and that it has been distributed to everyone.
G. GOOD AND WELFARE
Mr. Chouinard - 407 Ocean Boulevard
· He expressed concerns over 421 Ocean Boulevard that, although they’ve done some work, there are still numerous piles of trash there which have been piling up for months, and that they’re still not making the correct progress they should.
· The Town of Golden Beach has been getting a lot of traffic on AIA due to the building that is going on in Sunny Isles and Gulfstream. He requested that the Council consider seeking a contribution from these cities and Gulfstream for the excessive traffic they are creating in the Town. He stated that Aventura and another city are receiving money from Gulf Stream for additional police protection.
Dr. Penny Tenser Iglesias - 138 S. Island
· Stated that school is out which makes the issue of safety even more important. She noticed while rollerblading that the streets are particularly treacherous these days. Would like the Council to look into whether or not the streets are being cleaned.
· Until sidewalks and more safety are implemented, which are in the planning stage, she stated that until they do, there are measures the Council must take to ensure safety as well. Dr. Penny Tenser Iglesias stated she experienced an incident in Town, where a driver failed to yield the right-of-way to her, coming at her while she was rollerblading. Her major concern is that, if she were a child, she may not have been able to get out of the way as quickly.
· She asked the Council if it was considered doing business when a vendor advertises himself with music while selling his items around town.
· She is aware of a plan to implement nametags and stated she thought this is a good time to include this plan in with all the other major plans because the beaches, tennis, basketball, and all the other major courts are very busy right now. Would like the signage regarding parking and decals at certain times to be enforced.
Stan Feinman - 475 Ocean Boulevard
· Requested his letter to be included in the official minutes of the meeting. (Addendum #1)
· Requested that Councilman Einstein set a time to discuss the possibility of eliminating the Police K-9 Patrol, because he believes it is costing the town an exorbitant amount of money.
· Requested that the Council place on the agenda for next month’s meeting, a time to discuss the possibility of purchasing an enclosed, all-weather police vehicle, to enhance the police protection on the beach.
· Stated In order to improve resident participation at Town Council meetings, and demonstrate that all the actions of Town Council are transparent and are in the best interest of the Town, he requested that Mayor Singer support keeping a permanent log of all the motions discussed and voted on by the Council. He stated that it is in the agenda tonight’s and has been approved by a resolution, but does not know why it is not being continued.
§ Instruct the Town Manager to routinely print the monetary amounts the Council will be voting on, on each agenda item, when applicable.
§ Requested that rather than having to physically come to Town and have to look at the black book that is available to the residents, all of the information should be posted on the website for easy access.
§ Quoted a section from the 1978 Government in the Sunshine Law Manual, which Attorney General Robert Scheven said and advised the Mayor and Council that Attorney General Schevan was speaking to them.
Oded Meltzer - 122 Golden Beach Drive
· Stated that, he has been attending the Building Regulation Board meetings for approximately 1-1/2 years now, and the matter of ambiguity in the code seems to be a recurring issue. Stated he does not see a concerted effort from the Town to fix it. He believes it is the number one job is the Town to tighten up on this issue, to make a concerted effort to go after it and fix it once and for all. He stated that, there are probably a dozen items that are up in the air that are taking the Town in the wrong direction, and that the reason he is here tonight is that he cares and would like to really fix it. He stated that the Council has to take some sort of direction, with
the Town Manager, and put this together.
Councilmember Battista asked Mr. Meltzer if would consider preparing some sort of list of these issues.
Mayor Singer stated that, the Council has made a concerted effort; they know it is an issue with the codes and that Council tries on a monthly basis to go over exactly the items that Mr. Meltzer has mentioned. He iterated that if Mr. Meltzer would make the list and submit it to the Town Manager, he would make sure the items would be reviewed ASAP.
Mr. Meltzer stated that, the only way he could make a list would be to meet with the Building official here. He stated that he feels this official is very aware of his issues and in the past, they have put together good lists.
Vice Mayor Einstein stated that, this year there has been a 60% rule that is on the table right now. He stated that there has been a meeting with different people to decide how they were going to work this issue out. Referencing the Bal Harbor model, Sea Wall issue and Vienna, Hedge Height, as well as others that they have to get variances for, have been addressed on a month-by-month basis. The Vice Mayor stated that, the Town has to pay a huge amount in Attorney fees in order to address each one of these issues.
Jack Barough - 125 Ocean
· Stated he has dogs and must walk them in the evening along Ocean Blvd. He stated that, he must take his life in his own hands, as there are people speeding down that road at rates of up to over 45 mph. He stated that he does not see any patrol in the area at night and he is concerned for himself and for his dogs.
H. MAYOR’S REPORT
· Advised that the Town Manager put together a status report and suggested. the Councilmembers review it when they get the opportunity and directed that the Town Manager make it available to the public.
· Stated he would like the Town to look into considering possibly purchasing the vacant lot next to the basketball court located on A1A, for either green space or if when the Town is being renovated, He pointed out that if Council decides to move the Town Hall to A1A, possibly for a parking lot, giving residents on A1A extra parking spaces. The Mayor stated he has done some research and knows what they are asking and does not agree with the asking price; that there are other ways to approach the purchase of the residence. One is Eminent Domain, which is a legal and lengthy expense; He stated that if it were not done now, in 10 years the Council would have regretted not
purchasing as much land as possible for the Town.
Vice Mayor Einstein stated that, the Council had done that very thing 10 years ago, that it had come up and was priced at $150,000 or $75,000 for that particular purchase. At that time, the Council decided not to get into a land holding thing. He suggested that Council think about it until the next council meeting; look at the property, as he would like everyone’s opinion on this issue. He stated he thinks if Town Hall were to be moved to A1A, it would solve a lot of issues. It could also be a great additional green space, parking lot, or both. He stated that, he doesn’t think the Town would go wrong by purchasing the property, the only problem is, the Town can’t purchase a property and get a mortgage on it; governments cannot do that, but that there are other ways to finance and purchase
it; it’s something to consider.
The Mayor requested that the Town Manager defer this item to the next agenda along with the supporting documentation she had been provided with beforehand, with the asking price, the actual dimensions of the property, and what we can do with it.
· The Mayor stated he hopes to approve the Town Architect plan today and that a package for review will go out today, to be discussed at the July meeting. Mr. Buzinec will be present to answer any questions regarding the engineering. The Town Manager commented that, as the architect that Craig Smith hired, he has the report done, and he is going to give it to us, so that we can put it out, so that when we have the July meeting you can talk to him and review it.
· Affirmed Dr. Tenser Iglesias’ concerns for the safety of pedestrian residents in the Town, he affirmed that school’s out and it’s very important that everyone does need to drive slowly; with the kids out, they need to be careful.
The Town Manager confirmed to the Mayor that she would check to make sure the streets are being cleaned.
· Mayor stated that he knows the Council has received a nice letter from a resident commenting on some of the Town’s police officers, one of which a resident had an experience with. He complimented them to the Chief saying, it was a good job, he appreciates it, and that the officers definitely deserve an appreciation.
I. COUNCIL COMMENTS
Councilmember Colella-Battista
· Commented on Dr. Feinman’s comments regarding openness and transparency. She affirmed that no one is calling her in the evening or during the day or night making side deals, that she rarely sees her fellow Councilmembers; they meet and see each other, at the Town Council meetings and discuss what is on the agendas. She stated she does not think there is a great deal of secrecy going on, they do their best, and sometimes they make mistakes.
· Stated with respect to the financial impact not being on the agenda, that it is coincidental she had actually asked the Town Manager to put it on the agenda for Council’s benefit as well because they use the agenda as their outlines. She believes that it makes sense to have it there as well and that she does not think there is any great attempt at secrecy there, rather an oversight.
· Regarding Mr. Barough's concerns regarding the cars going up and down A1A, she commented that there have been a lot of people talking about the cars going up and down A1A and that perhaps Council will visit the issue one day regarding what Council plans to do about that issue for all the residents, but not right now. She commented there are people who are observant Jews who walk up and down A1A, there are neighbors, there are residents; we have housekeepers and nannies in our homes that walk those streets and nearly are killed on a near daily basis, trying to catch the bus. She stated that, it matters to the Council and that they know it is a problem of which they might take
up at a Code Review meeting as well.
Mayor Singer commented that he, the Town Manager and the Chief have been meeting on this issue, and they are increasing the RADAR patrol
Vice Mayor Einstein
· Addressed Dr. Feinman with regard to his request that the possibility of eliminating the police dog be put on the next agenda for discussion for discussion, commented that Council had done that already and that the Council body has discussed this and that Dr. Feinman gives the impression when he speaks to the audience that this has been something that was clandestine, that Council did this behind every one’s back. Councilman Einstein stated that Council voted on this item and that it was an agenda item.
Councilmember Lusskin
· Thanked the Council again regarding completion of Rock Park and stated that many people use it.
· Thanked Public Works staff and Ken Jones for the job that they did to make this a park.
· Gave update on the rope at the Beach and her work with County Commissioner Sally Heyman. She stated the Town Manager is to draft letter to the Miami-Dade Commission, addressed to her. Ms. Heyman stated that they were going to provide support to the Council to be able to get that buoy.
The Town Manager commented that she was doing it through the County Manager.
· Congratulated Rolando Garcia, one of our residents got a full page ad for a new and upcoming orthopedic procedure that he is doing and she thinks that ‘kudos’ to him, he’s one of the Town’s neighbors.
· Also, congratulated Harvey Samowitz who has been in the newspaper frequently for some of the things he is doing and she thinks it’s time to take the time and address some of our ‘famous and very smart’ residents that are here in Golden Beach.
· Commented regarding the piece of property he discussed earlier, stating that, he had briefly mentioned, also, the possibility of the residents that live on A1A, it being good for them to have a place to park when they have a party. She commented that she and Herb Tobin talked about it a lot and that it meant a lot to him; she affirming Mayor Singer’s statement, said she think it would be a great addition because those of the Town’s residents that live on the beach, she didn’t know how they could have a party and where the people can easily park, as it’s much harder for you than for the people on the inside.
· Commented that she thinks the Council could really take some of these ideas, work them in, and add something to the town.
Mayor Singer thanked Councilmember Lusskin for putting on the Memorial Day parade and picnic with the assistance of the Recreation Board. He stated although he was not able to attend, he had been told that it was a phenomenal event and that like most Golden Beach events that the Recreational Board does. He commend and thanked the Recreational Board for a great job and Council man Lusskin for supervising and putting it together.
Councilman Iglesias
· Requested setting another meeting for completing this agenda for the first week in July.
· Stated he agrees with the Mayor’s idea of a green space and stated that Dr. Feinman brought the issue up when he sat at the dais, and the Council brought it up during the previous administration of Michael Addicott and decided that parking spaces were what were needed. Stating that everything just fell through the cracks again, he suggested that Council get on it, because the prices are going up.
· Requested the Town Manager to go through his council comments for the last 3-4 months and please address him via email, giving him answers to all of his questions because there are still missing a lot of missing pieces to some of the things he has asked.
· Requested Council, as a group, to set up a committee to look at the over $500,000.00 worth of legal bill the Town has incurred within the last 12 months; that they need to do it for the community, especially since the Town is undertaking the expenses of the Capital Improvements and Projects, which is going take on even more legal expenses.
· While rollerblading on Sunday, he ran into one of Golden Beach’s long standing residents, Helena Berini, who was at the beach last week. She took a fall resulting in a black eye and literally had to roll out of the water only to be washed back in the water. He stated that he understands there was no lifeguard functionally present at the time and that Council needs to address these issues because it is a big liability.
· Stated to Mr. Helfman, he stated he is having a difficulties understanding the correct procedures in rescheduling and changing times of meetings. He stated he has gotten different answers and that the process seems to change every time; he wants it in writing so that the Council can address it properly.
J. TOWN MANAGER REPORT
· Contacted by Sunny Isles regarding the purchase of a street sweeper. They are interested in purchasing a street sweeper and want to know if the Town is interested in putting together an Interlocal agreement.
Mayor Singer suggested the Town Manager find out what the purchasing price of the street sweeper is and Council can consider splitting it with them; if not, what they would charge the Town to utilize the sweeper and their staff twice per week. Options: 1) We can evaluate over the next 24 months what it is going to cost the Town on a monthly basis, or 2) The Town can split the cost with them, getting 50% access, keeping it at their location, with surety, the Town would have access.
Councilman Iglesias commented that George from the Public Works Department be recognized for the phenomenal job he is doing on Saturdays, literally hand sweeping some of the streets that are in poor shape. He is actively working from the time he arrives until the time to go home.
The Town Manager stated she would let him know of the Councilman’s appreciation of his work.
K. TOWN ATTORNEY REPORT - No comments
L. ORDINANCES – SECOND READING
1. ORDINANCE 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.
Exhibit: Agenda Report No. 1
Ordinance – Second Reading
Recommendation: Motion to approve Ordinance on second reading
Mayor Singer stated that this is an example of the items the Council discussed and reviewed over at a Code Workshop.
Dan Nieda reviewed the issues the Ordinance addressed.
Motion to open for discussion by Councilmember Lusskin. Seconded by Councilmember Colella- Battista.
Councilmember Lusskin asked if a demolition permit would require a fence, and was assured by Dan that it did
Attorney Helfman stated that at the request of the Town Building Official the Council delete the requirement of a fence to the rear of the property for any home of the waterway. (Page 2 - subsection C with underlining)
Councilmember Iglesias questioned whether we have a rear property requirement now for fencing. Dan confirmed there was in this Ordinance. He felt that it was not necessary. Dan explained that children try to gain access to the construction and or pool areas and could get hurt.
Vice Mayor Einstein asked whether there was a need to have a fence when there was a demolition and felt that this might not be necessary. Dan explained that there were hazards that children could have access.
Attorney Helfman stated that this would not apply to straight demolition once the vegetation is placed on the cleared property.
Motion to approve ordinance with the changes by Councilmember Lusskin and seconded by Vice Mayor Einstein.
Vote: Mayor Singer - Aye; Vice Mayor Einstein - Aye; Councilmember Colella-Battista - Aye; Councilmember Iglesias - Aye; Councilmember Lusskin - Aye.
Vice Mayor Einstein stated that he would like to know if the person on the rear property has a fence would a 6-foot fence would be required. It will be handled on a case-by-case basis.
Motion to approve the amended Ordinance by Mayor Singer and seconded by Councilmember Lusskin.
Vote: Mayor Singer - Aye; Vice Mayor Einstein - Aye; Councilmember Colella-Battista - Aye; Councilmember Iglesias - Aye; Councilmember Lusskin - Aye.
.
M. ORDINANCES – FIRST READING
2. ORDINANCE NO. 510.06
AN ORDINANCE OF THE TOWN OF GOLDEN BEACH, FLORIDA, AMENDING Section 66-140 “Setback areas–Generally” of Article IV “Supplementary District Regulations” of Chapter 66 “Zoning” OF THE TOWN OF GOLDEN BEACH CODE OF ORDINANCES, REVISING THE PERMITTED ELEVATION OF STRUCTURES IN SETBACK AREAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE.
Exhibit: Agenda Report No. 2
Ordinance – First Reading
Recommendation: Motion to approve Ordinance on first reading
Mayor Singer commented that this is the second one in review and requested Dan Nieda to explain the Ordinance.
Dan explained the need for the Ordinance change as one of the ambiguities in the code that has already been addressed is, the code talks about not having structures exceed 36” in height. It used to say “above grade”, given the lots elevation, that can certainly be manipulated. It was changed to read, “Shall not exceed 36” above the crown of the road”, which is a fixed point. He stated that, the problem is, the importance of this is they are having trouble with people placing their pool decks in an elevated lot; they were are too high and are creating privacy and drainage issues to adjacent neighbors. He thinks this is a good change that will help to control this issue and give a fixed point, where people can measure their pool decks and walkways in terms of new
construction and projected pool decks. Therefore, it provides consistency in the Code, since grade is also measured from the ‘crown of road’; it gives a fixed point to actually measure from.
Councilmember Iglesias made a motion to approve Ordinance No 510-060. Seconded by Councilmember Lusskin.
Council Comments
No comments
Open Public Hearing
Stan Feinman - 475 Ocean Boulevard
Mr. Feinman stated that when Dan used the term “crown of the road”, that it is not a fixed position or line as NGVD is, that the building inspector needs to have something more specific in order to have a reference point. Presenting an example, he stated that, the “crown of the road” in front of the Town Hall building is lower than that of the northern end of town. Mr. Feinman commented that, this road may sink and is sinking and believes Dan needs something more specific to in order to justify a reference point, as in another year or more, this “crown of the road” may be another foot lower than the other area; whereas, the NGVD is a fixed line; you need something more consistent and stable to use as a reference point.
Public Hearing closed.
Mayor Singer asked Dan to speak to concerns raised by Dr. Feinman. The Building Official reiterated that, the document states “adjacent lot”.
Vote: Mayor Singer - Aye; Vice Mayor Einstein - Aye; Councilmember Colella-Battista - Aye; Councilmember Iglesias - Aye; Councilmember Lusskin - Aye.
3. ORDINANCE NO. 511.06 (Pulled from Agenda)
N. RESOLUTIONS: QUASI JUDICIAL - None
O. CONSENT AGENDA
Motion to approve Consent Agenda by Councilmember Iglesias and seconded by Councilmember Colella-Battista.
Vote: Mayor Singer - Aye; Vice Mayor Einstein - Aye; Councilmember Colella-Battista - Aye; Councilmember Iglesias - Aye; Councilmember Lusskin - Aye.
4. Moved to P1.
5. Support to Establish a New Transit Station (RESO No. 1794.06) A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF GOLDEN BEACH, FLORIDA, RECOGNIZING THE NEED FOR REGIONAL LONG-RANGE TRANSPORTATION SOLUTONS AND SUPPORTING THE ESTABLISHMENT OF A NEW TRANSIT STATION ALONG THE HALLANDALE BEACH BOULEVARD CORRIDOR EITHER ON THE CSX OR FEC TRANSIT CORRIDOR; DIRECTING THE TOWN MANAGER TO TRANSMIT CERTIFIED COPIES OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE
Exhibit: Agenda Report No. 5
Resolution
Recommendation: Motion to adopt Resolution
7. Approval of Retainer Agreement (Michael D. Ehrenstein) (RESO No. 1801.06) A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF GOLDEN BEACH, FLORIDA AUTHORIZING AND APPROVING AN AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE TOWN OF GOLDEN BEACH AND KLUGER PERETZ KAPLAN & BERLIN, P.L.; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
Exhibit: Agenda Report No. 7
Resolution
Recommendation: Motion to adopt Resolution
P. RESOLUTIONS: MISCELLANEOUS
P1. Approval of Minutes: (Moved from #4)
Code Review Workshop - April 17, 2006
Local Planning Agency Meeting - April 18, 2006
Revised Regular Town Council Meeting - April 18, 2006
Special Town Council Meeting - April 27, 2006
Special Town Council Meeting - May 15, 2006
Regular Town Council Meeting - May 16, 2006
Code Review Workshop - May 22, 2006
Special Town Council Meeting - May 22, 2006
Exhibit: Agenda Report No. 4
Recommendation: Motion to approve the minutes
After further discussion, this item was tabled and Councilmembers requesting changes are to submit them to the Town Manager who will disperse them to the rest of Council.
P2. Approval of MUUC Interlocal Agreement (RESO No. 1795.06) A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF GOLDEN BEACH, FLORIDA, AUTHORIZING AND APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE TOWN OF GOLDEN BEACH, FLORIDA AND PARTICIPATING LOCAL GOVERNMENTS FOR THE PURPOSE OF PROMOTING THE UNDERGROUNDING OF UTILITY FACILITIES AND JOINTLY FUNDING THE STUDY OF UNDERGROUND UTILITY SERVICE; PROVIDING FOR IMPLEMENTATION OF AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE.
Exhibit: Agenda Report No. 6
Resolution
Recommendation: Motion to adopt Resolution
Town Manager explained that Council approved up to $3,000.00 to participate in this analysis.
Motion by Mayor Singer to change dollar amount in Resolution to up to $1,000.00. Seconded by Vice Mayor Einstein.
Vote: Mayor Singer - Aye; Vice Mayor Einstein - Aye; Councilmember Colella-Battista - Aye; Councilmember Iglesias - Aye; Councilmember Lusskin - Aye.
Councilmember Lusskin questioned that all participants except for Surfside are a long distance from us. Many cities have underground utilities.
8. Approval of Project Manager Proposal (RESO No. 1796.06) A RESOLUTION OF THE TOWN OF GOLDEN BEACH, FLORIDA, AUTHORIZING AND APPROVING AN AGREEMENT WITH CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A. FOR PROFESSIONAL SERVICES IN ACCORDANCE WITH REQUEST FOR QUALIFICATIONS NO. 2006-01 FOR Project Planning Services; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
Exhibit: Agenda Report No. 8
Resolution
Recommendation: Motion to adopt Resolution
Mayor Singer explained the negation process used and the document provided.
Mr. Castella explained the outline of timeline provided in the contract and described what each one referenced.
Mayor Singer explained that a check was made within Key Biscayne and that they stayed within 5% of the contract.
Councilmember Lusskin requested to know that if we had to go back and make changes that this would be included in the one price agreed on. Mr. Castella confirmed that it was. Stated that she hoped the council designees would include the Technical Committee members. Mayor Singer confirmed they would be. Requested an explanation of the last page of abbreviations. Resolution has $94,000 and it was corrected to $96,000.00.
Councilmember Iglesias expressed concern that the resident that are away for the summer months are not going to be able to participate due to the timeline laid out.
Mayor Singer explained that we are working towards having this on the November 5th ballot, which would save a large amount of money.
Councilmember Iglesias expressed his opinion that it should be on the February ballot for the regular Town elections.
Mayor stated that we could send out a summary of the workshops and a page for questions/comments, which they could return for consideration at the next workshop.
Town Manager stated that she sends out currently to several residents. She recommended we mail to in town address as well as out of state address so that a forward may get it to them as well.
Vice Mayor Einstein reviewed that the contract was intended to have an installment contract so that we could terminate the contract at any time that the Council decides to go forward. Mr. Castella stated that language should be included in the contract. Also reminded us to consider changes for hurricanes and budgets.
Mayor Singer stated that which ballot this goes on could be discussed again in the future.
Motion to approve Resolution with amended amount of $96,000.00 by Vice Mayor Einstein. Seconded by Councilmember Colella-Battista.
Vote: Mayor Singer - Aye; Vice Mayor Einstein - Aye; Councilmember Colella-Battista - Aye; Councilmember Iglesias - Aye; Councilmember Lusskin - Aye.
9. Amend Fee Schedule for Review of Application of Waiver of Plat (RESO. No. 1797.06) A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF GOLDEN BEACH, FLORIDA, AMENDING THE APPLICATION FEE SCHEDULE FOR HEARINGS BEFORE THE BUILDING REGULATION ADVISORY BOARD; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
Exhibit: Agenda Report No. 8
Resolution
Recommendation: Motion to adopt Resolution
Town Manager explained the need for this fee structure. Town Attorney explained the process to obtain a Waiver of Plat.
Motion to approve Resolution 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.
10. Appointment of General Employee Pension Board Trustees. (RESO No 1798.06). A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF GOLDEN BEACH, FLORIDA, APPOINTING TRUSTEES TO THE TOWN OF GOLDEN BEACH EMPLOYEES PENSION PLAN BOARD OF TRUSTEES; PROVIDING FOR TERM OF APPOINTEES; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE.
Exhibit: Agenda Report No. 10
Resolution
Recommendation: Motion to adopt Resolution
Mayor Singer introduced the nominees that would like to serve.
Motion to approve Resolution 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.
11. Setting of Committee Membership to 5 members. (RESO No. 1799.06)
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF GOLDEN BEACH, FLORIDA, ESTABLISHING PROCEDURES FOR APPOINTMENT OF MEMBERS TO AD HOC SEARCH AND EVALUATION COMMITTEES; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE
Exhibit: Agenda Report No. 11
Resolution
Recommendation: Discussion and direction
Town Attorney explained the basis of the language of the Resolution.
Mayor Singer explained his concerns that the Mayor in the past was able to appoint non-partisan and now it becomes a political issue.
Councilmember Lusskin stated that she supports a number of 5 members. However, she feels the people should be appointed for the skills needed and the blend is important. She feels that the Mayor should continue to pick the members and bring it back to the Council to approve.
Councilmember Colella-Battista feels that it depoliticizes it by each Councilmember has input.
Councilmember Iglesias stated that this came up based on not including Al Paruas on the Technical Committee for the Capital Improvement Project Management Company. He stated that he felt his request was ignored.
Vice Mayor stated that the Charter has the government set up as a strong Mayor form of government and that Mr. Addicott chose to set up the committees but the Mayor has the authority to select the person that he would recommend to the Council for their vote.
Mayor Singer stated that Mr. Addicott picked his own committees.
Town Attorney clarified that it does not take away the Mayor's authority to handle day-to-day.
Motion to approve Resolution by Councilmember Iglesias. Seconded by Councilmember Colella-Battista.
Vote: Mayor Singer - Nay; Vice Mayor Einstein - Aye; Councilmember Colella-Battista - Aye; Councilmember Iglesias - Aye; Councilmember Lusskin - Nay.
12. Approval of Additional Funding. (RESO No. 1800.06) A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF GOLDEN BEACH, FLORIDA RELATING TO THE STATE REVOLVING FUND LOAN PROGRAM; MAKING FINDINGS; AUTHORIZING THE LOAN APPLICATION; AUTHORIZING THE LOAN AGREEMENT; ESTABLISHING PLEDGED REVENUES; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING ASSURANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICT; PROVIDING AN EFFECTIVE DATE
Exhibit: Agenda Report No. 12
Resolution
Recommendation: Motion to adopt Resolution
Town Manager explained the additional monies and the low interest rate of 1.91%. It is expected to rise by June 30th, 2006.
Mayor discussed possibilities of the pump station at South Park and the generator to run the pump stations.
Motion to approve Resolution by Councilmember Lusskin. Seconded by Councilmember Colella-Battista.
Public Comments opened:
Neil Leff - 48 Terracina Avenue
o Requested that dollar amounts should be on Agenda
o Wanted to know what the fees were and the amounts
o Discussed the ability to do away or reduce the fees and wants specific information given to the public
o Wants entire Agenda with backup to be put on the Website.
o Requested the amount of the Electric surtax. He feels that additional money need by the Town should be on the Ad Valorem tax and abolish all other taxes paid by the residents.
o Would like the abolishing of the taxes be put on the agenda
Vice Mayor Einstein would like to clarify that we potentially might spend the money but the items will be brought back as change orders for the Council to vote on.
Vote: Mayor Singer - Aye; Vice Mayor Einstein - Aye; Councilmember Colella-Battista - Aye; Councilmember Iglesias - Aye; Councilmember Lusskin - Aye.
Q. DISCUSSION & DIRECTION
13. Adoption of the Budget Timetable. In conjunction with the requirements of TRIM Compliance, the following timetable is recommended.
Discussion was held regarding the adoption of the budget timetable. The Town Manager stated the workshop schedule is in line with the TRIM bill, showing TRIM compliance as not conflicting with the Dade-County School Board or the County’s Commission Budget Hearing. The Town Manager requested Council set their calendars to reflect the workshop dates.
The two (2) workshop dates and Councilmembers’ participation are as listed:
· June 30, 2006 – worksheets to be delivered to Council
· July 19, 2006 – The Mayor will be available to participate in person
· July 25, 2006 – The Mayor anticipates teleconference participation at this meeting.
This is meeting is inclusive of a special meeting, which requires the adoption of the tentative mileage.
Vice Mayor Einstein stated a quorum of three (3) people is needed, however, teleconferencing does not constitute a quorum. Councilwoman Battista and Councilwoman Lusskin confirmed their availability. Mayor Singer stated a quorum would be available before the meeting date.
Direction: Mayor Singer requested that Council be notified in advance of each scheduled meeting.
14. Consideration of Amending Ordinance 506.06. Councilmember Lusskin has requested that this Ordinance be revisited for consideration of amending the language.
Exhibit: Agenda Report No. 14
Recommendation: Discussion and direction
Councilwoman Lusskin stated that there are numerous residents, whose seawall’s are in great condition at 4 feet. Commenting on passing an ordinance requiring the raising of the Town’s seawalls to 5 feet, she suggested bypassing these particular homes as not to place undo hardship on the reside or potential buyers if they decide to sell.
Mayor Singer commented that if a house with a seawall at 4 feet, in great condition were to be sold, and the ordinance passed requiring the raising of the seawall to 5 feet, the new owner would have to comply with the Code. He stated that the reason for the raising of the seawall level was to bring everyone up to the proper code.
Councilwoman Colella-Battista commented that she reviewed a scientific report from Steve Smith, who is the Town’s engineer, which compiled GPS information of this area regarding seawall caps. It also references tidal information as it applies to the level of these seawalls. His information comes from COOPS (The Center for Operational Oceanographic Products and Services that is under the umbrella of NOAA (National Oceanographic and Atmospheric Association. Scott Duncan's assessment is that 4-feet is fine, however, one may want to consider higher levels. Her recommendation is to be conservative about the issue and perhaps amend the Ordinance to allow for the 4-foot seawall. She stated Scott Duncan of NOAA is willing to spend time with Council addressing this
dilemma.
Mayor Singer commented that all the seawalls should be the same level for uniformity purposes. He stated the first enforcement of the Code would be leakage of the wall; he reiterated the second being, if there is a wall of 4-feet in good condition there is no need for a change; however, providing a change in title, ownership; the new owner would have to comply with the Code.
Councilwoman Colella-Battista commented there is no exact science behind the raising of the levels of the seawalls; that science still supports 4-feet seawalls as acceptable. There is a concern regarding legal ramifications.
Councilwoman Lusskin commented she had received lists from residents who claim 5-feet and are at 4-feet, seemingly perplexed as to the actual height of their seawall.
Councilman Iglesias stated concerns that the Town is using a height of the seawall that is not necessary.
Mayor Singer recommended making this a top item for discussion at the next workshop, bringing in Steve Smith for his objective opinion in order to evaluate this dilemma; in the meantime, the code in enforced as is.
Town Manager commented residents in the process of selling their property are in at midpoint, e.g., one resident has had to put the money into escrow until the Town decides whether the seawall ordinance will be amended.
Mayor Singer’s recommendation: to invite the Town Engineer, Steve Smith to the next meeting, whether it’s the workshop or next Council meeting and have him bring his reports; stating he would like to hear what he has to say.
Councilman Iglesias, referencing the equinox of last year, commented that this is where the problem occurred as that was the first time the Town experienced deficiencies in seawalls; unfortunately, the March tides were not the same this year, disabling the prospect of pinpointing the location of any deficiencies. The next equinox is to occur in September. The Council was to have pictures from the seawalls of last year, of which not are somehow no longer available.
Councilwoman Colella-Battista stated had she read Steve Smith’s report initially in its entirety, she would not have voted yes for the approval of the ordinance.
Direction: Mayor Singer requested the Town Manager contact Steve Smith with the Town’s concerns as to prepare him for the Town’s next workshop. Until then, he suggests the ordinance remains as is.
15. Consideration of Purchasing Pocket Citation Equipment: Councilmember Iglesias requested staff to research an automatic traffic ticket writer and to place on agenda for consideration by the Council.
Exhibit: Agenda Report No. 15
Recommendation: Discussion and direction
Councilman Iglesias recommended tabling this item for a future date to see what the number of tickets will be once the new Laser RADAR is in place. Discussion was held indicating the time it takes an officer to write a ticket, is time taken away from his ability to patrol. I
Councilmember Lusskin stated that Golden Beach officers always use back during traffic stops, that with 2-3 officers on duty that does not leave many to patrol for ticket writing.
Mayor Singer inquired as to how many officers are on duty at the moment to give out tickets. Chief Skinner stated the maximum is 16; however, there are currently 13 on patrols at this time and stated he would be providing an update on the statistics to the Mayor in the near future, reflecting an increase in the number of tickets written.
Councilman Iglesias reminisced that in 1970’s; Golden Beach was featured on 60 minutes as the community that writes more tickets per capita than any other community in the nation.
Direction: Councilman Iglesias moved to table this item until the ticket writing procedures are evaluated.
16. Adopting a Policy for Exempt Employees: Councilmember Iglesias requested that the proposed language be presented for consideration by the Town Council.
Councilman Iglesias explained the history on the item and his opinion on compensating exempt employees for time they put into the Town during disasters. He stated that he had discussed this item with the Town Manager, who presented the item to the Mayor, but it received no action.
Mayor Singer had requested the Town Manager to check with Bal Harbour, Surfside, Indian Creek, and Sunny Isles to see if these towns have a similar policy in place. Out of the four, only Sunny Isles has implemented a similar policy and that Surfside is considering it.
The Finance director gave the Mayor an estimate of $83,000.00, of which he stated is inaccurate as it does not include payroll taxes or benefits of which should be added to it. The Mayor stated he would like a labor attorney’s opinion on the matter as to not open a can of worms regarding the issue.
Councilwoman Colella-Battista suggested accomplishing the same goal by giving a cash bonus.
The Town Manager stipulated that FEMA would only reimburse the Town if the policy were in place, not for giving cash bonuses.
Direction: Mayor Singer reiterated he would like the written opinion of the labor attorney as to whether or not the Town would be opening itself up to future liability. He would like the labor attorney to call him to discuss his questions on areas of concern.
17. Coded House Numbers for the Water Side of Water Front: Requirement of coded house numbers for waterfront property was discussed several Council Meetings ago and staff was required to research the matter and bring it back to Council for direction.
Town Manager explained this item regarding the following:
· The Marine Patrol cannot isolate the houses unless they are familiar with the features of each home, as they have no landmarks regarding location of residences.
· Safety is a big concern without these numbers. ,
· Chief Skinner sparked the idea of a code system; secured numbers that relate to other numbers on the coding sheet, protecting the privacy of the actual address of the home. Chief Skinner clarified that each resident will be given a code number by the police department. That will be the number they will be legally required to post, along with the location, size and description of the house.
Discussion was held regarding the importance of the ocean side properties receiving this type of security as well.
Councilmember Colella-Battista supported the addition.
Councilmember Lusskin discussed the procedure.
Vice Mayor Einstein suggested that this is a safety issue for officers needing backup.
Resident Feinman stated that the Town is small enough that the officers need to know each person.
Resident Chouinard stated he supported it.
Resident Meltzer suggested having it uniform.
Direction: Consensus was given to bring it back as an Ordinance.
18. Employee Performance Increases for FY06/07. Council requested that a Performance Evaluation process be developed and implemented for this fiscal year. The process has been implemented; employees and supervisors were trained in the process. Council need to determine the percentage of increase for the various rating score categories.
The Town Manager suggested the Council to give a rating of 3.0-4.0, 4.0-5.0, 5.0 being the highest rating, as out of the 19 employees, who qualified for the increase, some have a total of 3.2, 3.1, and so forth.
Town Manager stated this was a good process, very well received by the employees, the training was done for both supervisors and employees, and there is a considerable difference in the manner of accountability.
Councilman Iglesias stated, in all fairness the rating should be 3-3.5, 4-4.5, etc. commenting that one who receives a 3.0 and another receives a 3.9, and it is not fair that they get the same increase. .
Direction: Mayor Singer suggested Town Manager defer this item until next Town meeting, and present suggestions of figures for the various categories for Council consideration. He requested the Finance Director research all-inclusive most and least increases and present to him the financial impact these increases might have on the Town.
19. Horticulture Violations on Weekends. Councilman Iglesias requested that this matter be placed on the agenda for discussion and direction.
Councilman Iglesias stated residents are still putting large items out on the weekends. He suggested a Public Works person be added to weekend detail.
Town Manager stated a Public Works person has other responsibilities than that of just picking up stuff. Chief Skinner confirmed 24 violations of last weekend, of which 11 constituted debris on the swell.
20. Motion Log Book. Clarification on the continuing of this document.
The Town Manager stated this item has been brought up numerous times in the Good and Welfare comments, but was never passed by resolution; Mayor Addicott was asked to prepare and institute a Motion Tracking System.
Dr. Stan Feinman stated, in 1999, he sponsored a resolution to implement a tracking system, of which the motion passed 5/0. That meant a resolution should have been set in place, which was never applied.
Town Manager stated that this was a motion not a resolution.
Direction: Mayor Singer stated he finds it redundant to have a motion book, minutes, and a tape. He requested the Town Manager research as to whether or not a resolution was passed and present that information to Council.
21. Monthly Legal Bills. Vice Mayor Einstein requested that the Council have discussion and give direction on the monthly Town Attorney billings.
Vice Mayor Einstein recommended that this be tabled to the budget meeting.
Town Attorney stated he has spoken to every Councilmember except Councilmember Iglesias.
Councilmember Iglesias suggested having a committee to review the bills prior to the Council receiving them and they can look into them.
R. ADJOURNMENT
Mayor Singer made motion to adjourn. Seconded by Councilwoman Colella-Battista. The meeting was adjourned at------- 9:10 p.m.
ATTEST:
Bonilyn Wilbanks-Free
Town Manager
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