TOWN OF GOLDEN BEACH
One Golden Beach Drive
Golden Beach, FL 33160
OFFICIAL MINUTES
Regular Town Council Meeting
July 18, 2006
7:30 P.M.
A. MEETING CALLED TO ORDER
Meeting called to order by Mayor Singer at 7:37 P.M.
B. ROLL CALL
The Town Manager called roll. Councilmembers present: Mayor Singer, Vice Mayor Einstein, Councilmember Colella-Battista, Councilmember Lusskin, and Councilmember Iglesias.
C. PLEDGE OF ALLEGIANCE TO THE FLAG
Chief Skinner led the recital of the Pledge of Allegiance
INTRODUCTION
Mayor Singer introduced Barbara Tarasenko, the new Assistant to the Town Manager to the Council, and officially welcomed her to the Town and the meeting.
D. PRESENTATIONS – Mr. Buzinec - Renovation Plans for Beach Pavilion
Mr. Buzinec presented to exhibits for the renovation.
· a partial site plan of the design for the renovation of the Beach Pavilion. He explained the layout of the design to Council, clarifying that this portion of the plan specifically stipulates the ADA compliance of the design. Mr. Buzinec stated the walkways would be constructed of textured concrete.
· a more visual effect of the design plan as presented and discussed in exhibit 1, which referenced ADA compliance. Mr. Buzinec described the handicap parking location as it relates to the walkway as well as the entrance and exit to the Pavilion.
The Town Attorney stated that a full package is needed along with the RFP to put up for bid. The plan is designed to match closely with the historical elements of the original Pavilion and the Sub-station. Mr. Buzinec stated that the completed drawing of the design plan will be presented at the next Council meeting of August 22, 2006. However, he iterated that the technical specifications will take a little while longer.
E. ADDITIONS/DELETIONS/REMOVAL OF ITEMS FROM CONSENT AGENDA/CHANGES TO BE MADE TO AGENDA
· Councilmember Iglesias’ requested that the minutes be removed from the consent agenda. Motion made by Councilmember Iglesias. Seconded by Councilmember Colella-Battista. Vote by consensus 5/0.
· Agenda Item No. 7 was removed from the consent agenda
Roll call vote as follows: Mayor Singer – Aye; Vice Mayor Einstein – Aye; Councilmember Battista – Aye; Councilmember Lusskin – Aye; Councilmember Iglesias – Aye.
· Councilmember Iglesias requested to add to Discussion and Direction the Town Attorney Fees. Motion made by Councilmember Iglesias. Seconded by Councilmember Colella-Battista. Roll call vote - Mayor Singer - Aye; Vice Mayor Einstein - Aye; Councilmember Colella-Battista - Aye; Councilmember Iglesias - Aye; Councilmember Lusskin - Aye.
· The Town Manager motioned to pull Item No. L-1 – Second Reading of Ordinance No. 510.06 from the agenda – LPA needs to be done for this item. Motion made by . Seconded by Councilmember Lusskin. Consensus Vote was 5/0 in favor.
F. TOWN BOARD/COMMITTEE REPORTS
No reports.
G. GOOD AND WELFARE
· Sari Addicott – 155 Golden Beach Drive
Announced her candidacy for County Court Judge, Group #10.
· Stanley Feinman – 475 Ocean Blvd - thanked Councilmember Iglesias for being steadfast in various demands from the Town Manager and for his follow-up on important issues as pertaining to the Town. He thanked Councilmember Battista for her diligent research on the seawall dilemma and stated he wished more residents would participate in the Town Hall meetings. Dr. Feinman read and disputed portions of the minutes from the June 20, 2006 Regular Town Council Meeting, of which he said were “slipped in”. He presented Council with his calculation of expenses for the K-9 patrol of approximately $118,000.00 of which he implied are unnecessary expenses.
§ Neil Leff – 48 Terracina Avenue
Regarding the seawall ordinance, Mr. Leff commended Councilmember Iglesias for his admission of being over zealous with regards to keeping the sea water off the streets of the Town, as well as Councilmember Battista for going over the previous ordinance regarding the seawalls with him, allowing him to educate her on the backup materials, which enabled the Council to receive updated information that possibly saved the Town’s residents a lot of money. He commented that he would like to see the Chairmen of the Committees present themselves at the Town Council meetings and give a report on what’s happening with those particular committees. He stated in lieu of coming to the meetings, they should submit a report to be read if they can not make it. Mr. Leff stated he would like to know what’s been transpiring with the Beautification Committee. Mayor Singer stated Council will follow-up at the next meeting as to why the Committees have not met for the month of July.
H. MAYOR’S REPORT
§ Stormwater Phase III & IV on North Parkway is almost complete. The additional work to be done will be presented to Council for approval at the August 22, 2006 meeting.
§ The survey for Massini Park has been returned to Council. The fence has been ordered for Massini Avenue.
§ The overlay pavement on Golden Beach and Center Island Drives will be completed within one week; delays due to rain.
§ The Mayor is pleased with the results of the work done on the guardhouse; he stated it should be finished within 2 weeks.
§ The new chipper has accelerated the tree trimming operation.
§ The painting of the substations and fountain are scheduled to start next week.
§ The security camera RFP should go out within the next 2 weeks.
§ The contract for Project Golden Beach – a major project for CIP – was signed this week. There will be 3 – 4 open Town Hall meetings to discuss the Capital Improvements Project beginning in August.
§ Mayor Singer requested Chief Skinner get another total accounting of the implemented cost of the K-9 patrol from Maria Camacho, Finance Director, giving a copy to Council and Dr. Feinman. He stated the total cost of the K-9 patrol is no where near the figures implied by Dr. Feinman.
I. COUNCIL COMMENTS
Councilmember Battista
§ Recommended rescheduling the August Town Hall Meeting until the end of the month; elected to present her comments during the agenda.
Vice Mayor Einstein
§ The Vice Mayor stated he’s proud to work with the Council and appreciates all the hard work they’ve done. He commended Councilmember Battista on the document she wrote to NOAA and stated she’s doing a great job.
§ He congratulated Sari Addicott on her run for County Circuit Judge and stated she would have all the support she needs from the Town community in her new endeavor.
Councilmember Lusskin
§ Councilmember Lusskin thanked the members of the administrative staff and the Town Attorney for their assistance with 421 Ocean Blvd. and the family that lives next door.
§ She commended Councilmember Battista on the document she wrote to NOAA.
§ She discussed the work that has been done Rock Park and complimented Ken Jones for a job well done and Riley Crews for coming to the Town on his day off to make sure all is well.
§ Discussion was held referencing the buoys, stating that Commissioner Sally Heyman assisted is getting this project activated.
§ She asked for condolences for the Golden Beach family of Joe Greenspan, who deceased in March 2006.
§ She congratulated Sari Addicott and wished her well in her endeavor.
§ Councilmember Lusskin discussed hurricane season and made various suggestions and recommendations for the residents and Town Hall regarding precautionary measures that should and need to be taken to assure safety.
The Town Manager stated that in case of security guard absence after a major storm, the Town would be secured by staffing Golden Beach Police Officers.
Councilmember Iglesias
§ Dr. Iglesias thanked Councilmember Battista for enlightening him during the previous Council meeting regarding the seawall ordinance.
§ He complimented her on the document she wrote to the NOAA.
§ He agreed with Councilmember Battista on rescheduling the August Town Hall meeting until the end of the month.
§ Discussion was held referencing the listing of safety measures for the Town by Councilmember Lusskin. He suggested solar lighting to illuminate the side streets during power outages.
§ Addressing Chief Skinner, Dr. Iglesias suggested reviving the Block Captain’s meetings.
§ He thanked Ken Jones and the Public Works crew for the work done on the drains and the trimming of the coconut trees.
§ Discussion was held regarding turning off personal cell phone administered by the Town, as they are disruptive and hamper the recording of the meeting.
§ He requested of the Town Manager follow-up on the hiring of a Beach Attendant and Town Clerk, of which she had accomplished. The information requested was given to him in a packet he’d yet to review.
§ He requested a sign in sheet to be posted at the door of the restrooms at the beach.
§ He requested a survey and resolution to the mud and dirt in the street along Golden Beach Drive at the construction site.
§ Dr. Iglesias stated that Council should be consulted before the purchase of laptops.
§ Discussion was held referencing spam email. He suggested this dilemma be looked into.
§ Addressing the Town Attorney, he recommended putting in writing the protocol for changing the dates of Town Council meetings.
§ He requested to initiate the summary minutes taken after the Town Hall meetings, of which Mayor Singer stated were not necessary anymore, as the minutes transcribed and the full meeting on DVD are sufficient.
§ He requested information as to whether or not the Town had obtained funds during the trip to Tallahassee.
§ Addressing Mayor Singer, he discussed the streets of The Strand and Center Island Drive, and questioned the authorization of the work done on Massini Avenue.
§ He affirmed that the discussion regarding the Attorney Fees would be held at a later time during the meeting.
§ Dr. Iglesias iterated to the Council that they all need to be more resident friendly, himself included, referencing generator codes, hedge heights and the picking up of horticultural waste around the Town.
Mayor Singer vouched for the difficulty in obtaining permits for generators. He stated that even so, the Town of Golden Beach is strict as are other Towns, e.g. Coral Gables, but that the procedures are correct. He supports the Town going about the procedures in the right manner.
Neil Leff – 48 Terracina Avenue
§ Discussion was held referencing the painting of the sub-station and the fountain. The Town Manager stated the project was under $5,000 and she and the Mayor affirmed the project had been recommended and approved by the Beautification Committee based on a day-to-day observation. Mayor Singer stated he would have the Building Official, Dan Nieda survey the project.
J. TOWN MANAGER REPORT
§ The Town Manager addressed Dr. Iglesias’ concerns regarding whether or not monies were received by the Town from Tallahassee. She stated she had sent out the Caserta documentation referencing no funds were obtained by the Town of Golden Beach. She stated many ongoing projects were shut down besides those of Golden Beach.
§ Referencing the Massini overlaying, she stated Weekly Asphalt recommended it was better to overlay the entire road as opposed to sections. The decision to move forward on the Massini area was a decision made by Mayor Singer as a day-to-day operational change. The Finance Director affirmed that the cost was not more than $10,000.00; the project consisted of one square foot. The Town Manager stated that Weekly will return to complete the work that needs to be done on North Island and will pay the cost of the remobilization as noted in the file. Regarding Center Island, she stated that work was done by North Miami Beach during the repair of a broken water line.
There is follow-up on the damages done, what needs to be done to repair it, as well as the costs.
§ Discussion was held regarding a separate estimate of fixing the sink holes around South Island which are a part of Phase I of the Stormwater project.
§ Vice Mayor Einstein discussed the lighting outage at the guardhouse. The Town Manager replied that she has given the Beatification Committee catalogs to view for selecting the appropriate lighting fixtures. The Vice Mayor stated that planters would be more decorative than the orange pilons at the gatehouse.
K. TOWN ATTORNEY REPORT
§ Steve Helfman, Town Attorney requested an executive session for tomorrow, July 19, 2006, regarding the Stormwater litigation. He stated that although he is not handling this particular case, he is, however, monitoring it. Mayor Singer recommended a budget hearing be held on the date requested at 6:00 P.M. No quorum is needed for this session.
The entire Council agreed to the session, date and time.
L. ORDINANCES – SECOND READING (Pulled)
1. ORDINANCES – 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.
M. ORDINANCES – FIRST READING
2. ORDINANCE NO. 511.06
AN ORDINANCE OF THE TOWN OF GOLDEN BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES BY ESTABLISHING SECTION 50-11, “DEMOLITION OF STRUCTURES”, OF CHAPTER 50 “BUILDINGS AND BUILDING REGULATIONS” PROVIDING FOR RULES AND PROCEDURES REGULATING THE DEMOLITION OF BUILDINGS AND STRUCTURES WITHIN THE TOWN; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.
The Town Manager read the ordinance in its entirety.
§ Discussion was held by Building Official Dan Nieda on the requirements of the proposed ordinance.
Motion to approve to open for comment: Councilmember Battista
Second motion: Councilmember Lusskin
Council Comment
§ Councilmember Battista stated she has no comments other than that the Building Official explained this to her beforehand and it makes sense.
§ Vice Mayor Einstein asked the Building Official how much he estimates the vegetation bond to be. Dan Nieda replied 150% of the cost of sodding the homes not facing the waterfront. The homes on the oceanfront are more complex in that the vegetation has to be appropriate for dunes and sand. He stated the cost is approximately .40 per square foot at 17,000 feet of sod.
§ Discussion was held regarding abandoned pools at construction sites. The Building Official stated in these cases, the abandoned areas must be roped off and chlorinated.
§ Discussion was held referencing dry or wet types of demolition. Dan Nieda stated that there should be water applied to the demolition process to keep dust and debris under control as dictated by DERM.
§ Discussion was held regarding how long debris can be left at a demolition site. Dan stated that if the debris is not removed within a reasonable amount of time, it can become a code violation.
§ He clarified for Vice Mayor Einstein that having a vermin clear letter is a part of the process and that the Building Department has a checklist of which more items will be added to in the near future. He also stated that soil poisoning is part of the demolition process as well to rid the soil of termites is handled during the construction phase and not the demolition phase.
§ Dan stated to the Town Attorney that Section A and Section 4-D need to be fine tuned as to when the actual re-vegetation occurs.
Mayor Singer opened the public hearing and closed it when no one wished to speak.
Roll call vote was taken as follows: Mayor Singer - Aye; Vice Mayor Einstein - Aye; Councilmember Colella-Battista - Aye; Councilmember Iglesias - Aye; Councilmember Lusskin - Aye.
3. ORDINANCE NO. 512.06
AN ORDINANCE OF THE TOWN OF GOLDEN BEACH, FLORIDA, AMENDING Section 66-102 “Minimum lot and swale elevations; grade” of Article IV “Supplementary District Regulations” of Chapter 66 “Zoning” OF THE TOWN OF GOLDEN BEACH CODE OF ORDINANCES, REVISING ELEVATION REQUIREMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE
Building Official Dan Nieda elaborated on the Ordinance stating that this is a housekeeping item in the code with intentions of providing continuity on measuring grades on lots with predominate reference to the crown of road.
Motion made by Councilmember Iglesias. Seconded by Vice Mayor Einstein.
Council Comments
§ Councilmember Battista
Requested to know if in any place “crown of road” is defined. Dan stated that it is usually the highest point in the road, being the center line.
§ Councilmember Lusskin discussed for clarity, the absence of minimum heights in places other than along the ocean in the agenda. Dan stated that the engineers and architects design the grading so that you have a low point, which has to be engineered according to the low points of Golden Beach. Those points are not known at this time.
§ Councilmember Lusskin referenced for discussion the elevation of the swale areas, that they should be lower than the grass. However, that’s not the case of some homes, which have swales being higher than the street.
§ Councilman Iglesias had no comments.
Public Comments
None
Roll call vote was taken as follows: Mayor Singer - Aye; Vice Mayor Einstein - Aye; Councilmember Colella-Battista - Aye; Councilmember Iglesias - Aye; Councilmember Lusskin - Aye.
4. ORDINANCE NO. 513.06
AN ORDINANCE OF THE TOWN OF GOLDEN BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES BY ESTABLISHING SECTION 66-283 “PERMANENT DISPLAY OF ASSIGNED HOUSE NUMBERS” OF ARTICLE V “SIGNS” OF CHAPTER 66 “ZONING” AUTHORIZING THE TOWN MANAGER AND CHIEF OF POLICE TO ESTABLISH UNIFORM SYSTEM FOR NUMBERING WATERFRONT RESIDENTIAL PROPERTIES AND REQUIRING THE PERMANENT DISPLAY OF ASSIGNED NUMBERS FOR ALL WATERFRONT RESIDENTIAL PROPERTIES WITHIN THE LIMITS OF THE TOWN; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN TOWN CODE; PROVIDING FOR CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.
Motion made by Councilmember Lusskin. Seconded by Councilmember Iglesias.
Council Comments
§ Councilmember Battista was pleased that this was going forward for safety reasons.
§ Councilmember Lusskin stated that this was a great idea, butt expressed concerns about the installation not being uniform.
§ Mayor Singer commented the house numbers will be installed by the Town for the sake of uniformity.
Mayor opened the Public Hearing.
Neil Leff – 48 Terracina Avenue
· Concerned over who would select the lettering
· The size of the lettering
· Questioned if these decisions be brought to Council for approval
Mayor Singer stated the Beautification Committee make the suggestions; the Council would give final approval, as the project will be approximately $10,000.00.
Vice Mayor Einstein commented he is in agreement with the uniformity; however, he would like to see the numbering on all of the homes in Golden Beach. Mayor Singer stated that could be discussed at a later date.
Mayor closed the Public Hearing.
Roll call votes was taken as follows: Mayor Singer - Aye; Vice Mayor Einstein - Aye; Councilmember Colella-Battista - Aye; Councilmember Iglesias - Aye; Councilmember Lusskin - Aye
5. ORDINANCE NO 514.06
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 REPEALING SECTION 46-76 THROUGH AND INCLUDING SECTION 46-87 AND ADOPTING NEW SECTIONS 46-76 THROUGH AND INCLUDING SECTION 46-87 OF ARTICLE IV “SEAWALLS AND DOCKS” REVISING THE MINIMUM AND MAXIMUM HEIGHT ELEVATION FOR SEAWALLS AND PROVIDING FOR ADMINISTRATIVE AMENDMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICT; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE.
Motion was made by Councilmember Lusskin for approval. Seconded by Councilmember Iglesias for discussion and later seconded by Councilmember Colella-Battista for approval.
The Town Attorney stated that this Ordinance would change the minimum height of the seawall from 5.5 feet down to a minimum of 4 feet.
Steve Smith, Town Engineer stated that their recommendation for seawalls is 5.5 feet based on the facts. They conducted a survey throughout the Town and identified problem areas in the Town.
Mayor Singer asked if the seawall height was lowered to 4-feet would that present a problem and Steve Smith stated that it was not an exact science. He stated that he felt that based on the information they found the potential is there for water to go over the seawalls.
Councilmember Lusskin discussed that she felt the seawalls would need to be raised for the ones that were a problem. The Town Attorney explained the use of triggering events to set the standard.
Ccouncilmember Colella-Battista asked Steve Smith to explain his statement that the Council will have to determine the level of service they want. Steve stated that they based their recommendation on the certain facts and gave the example of the Stormwater systems they design are based on a 3-year storm event or a 5-year storm event pattern.
Mayor Singer asked if Steve Smith to date had any record of water coming over a 4-foot seawall and he stated no.
Councilman Iglesias questioned what the maximum height for new construction.
He stated that it was not an eyesore to have the various heights of seawalls. The Ordinance mandates presently that there is a maximum height of 5-feet.
Vice Mayor Einstein question how many were under 4-feet and it was determined to be an estimated 60 homes.
Mayor opened the Public Hearing
Neil Leff – 48 Terracina Avenue
· Stated that the issue of street flooding should be address through putting on flap valves that would involve an estimated 14-15 pipes.
· Flap valves would stop the salt water intrusion.
· Stated that the list of seawall heights did not show addresses. The address list showed the seawalls on each side of his residence and did not feel the heights were correct.
Mayor closed the Public Hearing.
Mayor Singer asked Steve Smith to address the flap valve issue. Vice Mayor Einstein stated that he believed that we did have a maintenance program as it addressed the barnacles and blowing out the pipes.
Roll call votes was taken as follows: Mayor Singer - Aye; Vice Mayor Einstein - Aye; Councilmember Colella-Battista - Aye; Councilmember Iglesias - Aye; Councilmember Lusskin - Aye.
Mayor Singer asked for a clarification of the present maintenance program on the pipes. The Town Manager explained that she had signed a proposal today for a series of 6 pipes to be cleaned out. She explained the criteria used for selection were areas of problems or any where construction had been completed and the pipes are always cleaned out after the construction prior to refunding the construction site bond money.
Mayor Singer asked if we have a log of when the catch basins have been cleaned and the Town Manager stated yes but that it was started since her tenure only. Mayor Singer asked that she provide the log/list. The Town Manager explained that she had a map that showed the locations of each catch basin which she would provide.
Councilmember Battista questioned if the pipes area vacuumed and the town Manager explained that the pipes get vacuumed when the catch basins are cleaned out.
The town Manager was questioned if there was a log on the flap valve maintenance and she explained that this is used as backup material for the NPDES monitoring permit and this information is maintained. Mr. Smith reiterated that this information is a part of the monitoring reports.
Mr. Smith was asked to address the flap valve situation. Mr. Smith stated that with the system that they have designed for the Town they have included placement of a type of flap valve on the pipes which was a duck-bill system. The reason for the duck bill system is because of the maintenance issue with the flaps. It slows the barnacles from growing.
The Town Manager clarified that Craig Smith had provided the resource for obtaining the duck bill valves and that staff had replaced and estimated 8 or 9 of them. Mayor Singer asked if there were any pipes that did not have flap valves and the response was yes.
Vice Mayor Einstein stated that he had gone with Mr. Leff and they followed the trucks doing the pipe cleaning and that they blew it out of the pipe into the Intracostal and the Town Manager and the Town Engineer stated that this was illegal that it had to be vacuumed and all disposal was tracked. The Town Manager further explained the worked that was done on the pipe by Councilmember Colella-Battista's residence when she was contacted about the massive area of flooding and the pipe was found to be operational along with the flap valve.
Mayor asked for a list of pipes without flap valve.
Councilwoman Lusskin clarified if Mr. Leff was correct by saying that if every pipe was cleaned out and had a flap valve that the Town would have no flooding and Mr. Smith responded no it was not correct, but it would be less.
Mr. Leff corrected the statement that he stated the flap valves were needed on all pipes that allowed salt water intrusion not all pipes due to the catch basins sitting lower than the tide. He also stated that Ms. Colella-Battista 's pipe is not functioning properly that it is still backing up.
Dr. Feinman questioned if the Ordinance was approved and stated that the public was not allowed to speak. Mayor Singer stated that he had opened and closed the public hearing, but afforded Dr. Feinman an opportunity to speak.
Dr. Feinman described his experience when he went with Shennendoah throughout the Town while they cleaned the pipes and he described the stages of cleaning of the pipes through the use of cameras.
N. RESOLUTIONS: QUASI JUDICIAL –
6a Variance Request (Lighting)–60 Terracina Avenue (RESO No. 1802.06)
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF GOLDEN BEACH, FLORIDA, GRANTING A VARIANCE REQUEST FOR THE PROPERTY LOCATED AT 60 TERRACINA AVENUE, GOLDEN BEACH, FLORIDA 33160 TO PERMIT TENNIS COURT LIGHTING AT A HEIGHT OF TWENTY FEET TO ENCROACH WITHIN THE FRONT SETBACK IN LIEU OF THE 36” HEIGHT LIMITATION; PROVIDING FOR CONDITIONS; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE.
Mayor Singer requested Building Official, Dan Nieda elaborate on the first variance.
Dan Nieda summarized his report memo with the following:
· The variance is a modification of a previous variance that was granted; Resolution 1619.04.
· The distances of the tennis courts in reference to the fencing and stated that due to construction encroachment the distances were changes.
· The approval needed to be modified due to the discrepancy of the distances.
· There are no letters of opposition to the request.
Motion by Councilmember Iglesias to approve. Seconded by Councilmember Lusskin.
Erica Wright – Law Firm of Gunther & Yoakley representing Ms. Jaime Peisach, the resident was present and presented her applicant's case.
· Asked for clarification on the item being considered. Mayor Singer clarified for Ms. Wright that the motions to approve 6a and 6b will be discussed individually.
Building Official, Dan Nieda, addressing Mayor Singer stated he is not sure that 6b needs to be a part of this package, as there is no change to the original approval. Mayor Singer affirmed that 6b is not required.
Vice Mayor Einstein clarified to Ms. Peisach that the company which installed the fencing, though they had the right directives, installed it in the wrong place.
Discussion was held regarding the resolution numbers for the lighting and the fencing. The Town Manager confirmed that Resolution No. 1802.06 was for the fencing as read.
Mayor closed the Public Hearing
Roll call vote was as follows: Mayor Singer - Aye; Vice Mayor Einstein - Aye; Councilmember Colella-Battista - Aye; Councilmember Iglesias - Aye; Councilmember Lusskin - Aye
6b Variance Request (Tennis Court) – 60 Terracina Avenue (RESO No. 1803.06)
Mayor Singer confirmed with Building Official Dan Nieda that no variance is needed for the lighting around the tennis courts, as the lighting is detached from the fence. The Town Attorney affirmed that no variance was needed.
O. CONSENT AGENDA
Items were removed from Consent Agenda
7. Approval of Minutes:
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
Regular Town Council Meeting – June 20, 2006
Mayor Singer requested a motion to approve subject to the option of correcting any errors in the minutes at a later date.
Motion made by Councilmember Colella-Battista to approve subject to any amendments that Council would like to make. Seconded by Mayor Singer.
The Town Attorney clarified for the Council that any amendments to the minutes are restricted to the correction of errors and not an editing process.
Roll call vote was as follows: Mayor Singer - Aye; Vice Mayor Einstein - Aye; Councilmember Colella-Battista - Aye; Councilmember Iglesias - Aye; Councilmember Lusskin - Aye.
Mayor Singer requested Council to review any of the tapes and get the changes to the Town Manager as soon as possible.
Councilmember Iglesias stated he has made a request for the tapes which he has not received as yet. Mayor Singer directed the Town Manager to make sure he gets them.
P. RESOLUTIONS: MISCELLANEOUS - None
Q. DISCUSSION & DIRECTION
8. Employee Performance Increases for FY06-07.
Mayor Singer read the synopsis of the performance evaluation process. The Town Manager explained the following items:
· Finance Manager, Maria Camacho prepared a summary of current year salaries with their increases.
· The Town Manager explained to Council the Fairness Factor which was inserted in the evaluation process.
· The Finance Manager elaborated on the County’s CPI (Consumer Price Index) system, which is used to obtain the average percentage based on the evaluation rates. The Town Manager stated the CPI was used to make the COLA (Cost of Living Increase) determination.
· Mayor commented that Council should meet with the Town Manager prior to the Budget Meeting if they have any questions.
· Discussion was held regarding the total financial impact on the budget.
· Mayor Singer commended the Finance Director and Town Manager stated they did a superb job on the budget this year.
Councilmember Iglesias question who did the Department Heads evaluations and the Town manager stated she did. He asked who did the Town Manager's evaluation and she stated the Mayor had done it. Mayor Singer confirmed it. Councilmember Iglesias if the Mayor took any input as he had not had an opportunity to have input. The Town Manager explained that her contract states that the Mayor does the evaluation. Mayor Singer stated that since he works with the Town Manager on a daily basis he completed the evaluation. Councilmember Iglesias felt that everyone should have been given the form so that they had input
Councilmember Lusskin stated that several employees have spoken with her regarding the effectiveness of the evaluation process on the employees; referencing a noticeable difference in attitude and work ethics in that they readily accept constructive criticism in a much better way and have set attainable goals for themselves. It was stated that the employees of the Department of Public Works appreciated the opportunity to partially evaluate themselves.
Mayor Singer explained that we were also setting up a supervisory level in the Public Works area for the truck supervisors. Mayor Singer stated that the evaluation process brings about accountability.
Mayor Singer apologized to the Council for not asking for their input on the Town Manager's evaluation even thought the Town Manager does report to him on the day-to-day. The Mayor suggested if the Council wanted to voluntarily submit to him a note regarding suggestions for the Town Manager for the upcoming year, he would gladly discuss it with the Town Manager.
Vice Mayor Einstein questioned if this would be a violation of Sunshine Law and the Town Attorney stated the context of discussion requires no vote to implement and he stated that as long as a response is not being solicited, it’s perfectly acceptable to pass information to the Mayor in notations.
Vice Mayor thanked Dr. Iglesias for being an impetus to the evaluation process and getting it implemented.
Town Manager asked for a motion to determine the evaluation rate. Mayor Singer made a motion to use the 5.8% evaluation rate. Seconded by Councilmember Colella-Battista seconded.
Roll Call vote was as follows: Mayor Singer – Aye; Vice Mayor Einstein – Aye; Councilmember Colella-Battista – Aye; Councilmember Lusskin – Aye; Councilmember Iglesias is out of the chambers.
9. Discussion of Vacant Lots to Purchase for Town Use.
Mayor Singer reiterated his suggestion of incorporating the two vacant lots next to the Town property on A1A into the Capital Improvements Program.. At the Mayor’s request, the Town Manager stated the properties had been researched; the findings had been distributed to Council and were present for review. The two lots researched are located beside the basketball courts. Mayor Singer commented both properties are estimated at approximately 1.5 million dollars.
Discussion was held referencing the price negotiations for both properties as follows: ALTIT – negotiated from $800,000 - $775.000. The Portal property - 1,050,000 – 1,002,000.
The Mayor stated that the Town needs to consider if it’s worth pursuing negotiations for purchasing these two lots. He also stated that Town Hall could be moved to AIA which would cut down on traffic coming into the Town.
Discussion was held regarding the multiple choices for use of the land. Input from residents suggests a parking lot; others suggest it be used for green space. The possibility of relocating the Town Hall to A1A to one of the properties is also being considered.
Consensus was given to move forward by the Council.
Mayor opened the discussion to the Public.
Dr. Stanley Feinman 475 Ocean Blvd.
· Commented on the previous considerations by the Town to purchase properties. He stated he’s in favor with moving forward with this endeavor and major planning should be a prevalent factor.
Dr. Penny Tenzer Iglesias – 138 South Island Drive
· Discussed parking in reference to ticket issuance not being enforced for parking illegally in the Town’s lots. She stated it’s becoming more of a safety issue in giving children access to the parks.
Neil Leff – 48 Terracina Avenue
· Mr. Leff commented on the possible purchase of the lots for sale along A1A, in that if Town hall were relocated, it would eliminate a significant amount of traffic out of the Town, which is a major consideration. He commented that he would support the relocation wholeheartedly.
Mayor Singer requested the Town Attorney render advice to the Council regarding which would be the better choice of purchase, if pursued, eminent domain with a reasonable price or direct cash purchase.
The Town Attorney discouraged eminent domain as an initial purchasing strategy. He stated a comparable analysis on value should be assessed; and Council could secure the property with a letter of intent; which is not binding, but allows the Town to proceed with preparing a contract if the letter is signed. He stated that the Mayor or Town Manager could try to negotiate the best market rate deal to present to Council within a specific time frame. The Finance Director would prepare to discuss financing and payment options.
The Town Attorney recommended that the Council authorize the Mayor or Town Manager to commence negotiations to bring back a contract at a fair market value price. Mayor clarified the process with the Town Attorney. The Town Attorney explained the eminent domain process and suggested that there could be tax benefits for the seller due to selling to the government. The Town should get comparables on other vacant lots.
Mayor directed the Town Manager to have Linda prepare the comparable for the Ocean Boulevard lots through MLS. Town Attorney volunteered to provide the MLS.
Motion made by Councilmember Lusskin to give the Mayor the authority to enter negotiations for the vacant lots. Seconded by Councilmember Colella-Battista.
Mayor Singer - Aye; Vice Mayor Einstein - Aye; Councilmember Colella-Battista - Aye; Councilmember Iglesias - Aye; Councilmember Lusskin - Aye.
Mayor Singer stated he will set a goal to come back with the best price. Vice Mayor Einstein requested the Town Attorney to provide a copy of the MSL list to the Council. He agreed.
10. Motion Log Book.
Town Manager reported that she had researched the minutes to locate any resolution that had been passed to implement the Motion Log and this was negative on having a resolution.
Dr. Feinman was asked if he wanted to elaborate on the matter.
Dr. Feinman stated that he felt there was a need to have accurate records and that he sent the Council a letter explaining the history on this log. He reviewed the minutes of the meeting that this matter and the termination date of May 28, 2002 on the use of this log.
Mayor Singer stated that the Minutes reflect that each motion is recorded in the minutes. He felt that this was repetitive to the minutes. Mayor Singer asked the Town Attorney is there was any Town that he know of that used a Motion Log Book. The Town Attorney stated no and made a statement as to how it will not solve every problem as it is not a verbatim account of the meeting.
Town Attorney clarified that a Motion Tracking system was passed by motion and implement; however it stopped in May of 2002. He advised that this Council could now determine if they wanted to continue this tracking system. Vice Mayor Einstein asked if this could be continued until the next meeting. Mayor directed the Town Manager
11. Stopping of all vehicles at the Substation gates.
Vice Mayor Einstein stated that this has been a continuous problem. Mayor Singer stated that he had been up to the Substation with the Town Manager and they explained that they recognize many of the residents and do not stop every car in the visitor's lane. Mayor stated that the residents who use the visitor's lane they are abusive to the Security Officer.
The Town Manager showed documents for a two-week period. She also explained the problem of not having a stake lane and the inability of allowing the vehicles to back up onto A1A.
Councilman Iglesias stated that they still continue to raise both the visitors arm when the resident has entered with a transponder and the resident lane gate arm is going up. Town Manager stated that the automatic phase of the visitor's gate arm off.
Councilmember Colella-Battista spoke of her experience with Sunset Islands and how they handle it. They offer to assist the drivers. She felt that at a minimum we could ask what address they are going to. If the person does not want to answer we would not force the issue but most people respond when they feel it is an assistance rather than a screening process.
Mayor Singer stated that Keystone Park is the same way. Vice Mayor suggested that at the peak hours it is understandable not backing up traffic. Regular hours and the night hours should be stopping all of the vehicles.
Mayor Singer suggested that a directive be given to meet with Mr. Navarro and give the directive to issue an order to stop all the traffic.
Dr. Feinman recommended that the order be given to Mr. Navarro to stop every vehicle and have the Security Officer give out a paper.
Mr. Leff recommended that the paper be given out welcoming them to Golden Beach. It would not take that long. He further questioned the reason that we were paving County roads.
12. Attorney Fees -
Councilmember Iglesias gave update on the legal bills. He stated had found errors and brought them to the Town Manager attention and they were corrected. He claimed that the Town Manager told him that they had not been receiving the legal bills. He requested that he would like a Special Meeting to go over the bills.
Mayor Singer recommended that any bills be reviewed and highlighted and give them to the Town Manager to check on.
Attorney Helfman stated he has spoken with every Councilmember except Councilmember Iglesias. He did not know why he did not call him but he would speak to him about the bills. Councilmember Iglesias stated he will review and speak with him.
Mayor Singer stated that about a 1/3 of the bills is for labor issues and they are going away as the matters are being resolved. Mr. Helfman stated that once the Town stabilizes they will reduce substantially. There was a lot of work that was catch-up that should not be going forward. This Council is very active and generatoring work.
Motion made by Mayor Singer and Seconded by Councilmember Iglesias to extend the time past 11:00. Consensus vote taken.
Councilmember Iglesias discussed the errors he found and questioned what corrections were made as the Town Manager was not aware of any erroneous bills. Town Manager explained that when the Town Attorney has individual conversations with the Councilmembers, she is not privy to the results of those conversations. She requested Mayor Singer to ask Councilmember Iglesias to speak directly with Attorney Helfman, as she did not feel that Councilmember Iglesias believed her responses as it pertained to the legal bills and any corrections that would be made or agreed to.
Mr. Helfman suggested that during the budget process he will be able to give a breakdown of the cost. He believed that unless the Town hires significant staff to be able to handle the workload, the Town should consider a $200,000 to $250,000 legal bills per year. He also felt an experienced Town Clerk could save the Town considerable money in legal fees.
Motion made to adjourn by Mayor Singer. Seconded by Councilmember Lusskin. A consensus vote was taken at 11:12 p.m.
Respectfully Submitted,
Bonilyn Wilbanks-Free
Bonilyn Wilbanks-Free
Town Manager
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