Skip Navigation


This table is used for column layout.
 

Home Page
About Golden Beach
Government Services
Contact Us
Town Council Minutes 08/222006
TOWN OF GOLDEN BEACH
One Golden Beach Drive
Golden Beach, FL  33160

OFFICIAL MINUTES
REGULAR TOWN COUNCIL MEETING
August 22, 2006
7:30 P.M.

A.      MEETING CALLED TO ORDER
        Meeting called to order by Mayor Singer at 7:36 PM.

B.      ROLL CALL
The Town Manager called roll.  

Councilmembers Present:  Mayor Singer, Vice Mayor Einstein, Councilmember Colella-Battista, Councilmember Lusskin, and Councilmember Iglesias
        
Staff present:  Town Manager Bonilyn Wilbanks-Free, Town Attorney Steve Helfman, Finance Director Maria Camacho, Police Chief James Skinner, Building Official Dan Nieda, and Assistant to the Town Manager Barbara Tarasenko

C.      PLEDGE ALLEGIANCE TO THE FLAG
           Chief Skinner led the recital of the Pledge of Allegiance

D.      PRESENTATIONS - Mr. Paul Buzinec - Architect for Loggia Renovation Plans
        Mr. Buzinec presented construction documents.  He presented the construction plans for the restrooms, walkways, boardwalk and all the conditions associated with ADA, and elevations,

        Mayor Singer inquired about the following:
·       Showers in the restrooms - if they had hot and cold water.  Mr. Buzinec advised he had the showers inside the restrooms only with hot/cold water.  
·       If there was a cap on fixtures and who picked them - it was determined that Mr. Buzinec would provide a copy of the plans and the Town Manager will get input from both the Beach and Beautification Committees on the fixtures, colors, and tile.

Mr. Buzinec will provide recommendation on colors and fixtures and provide cut sheets to bring to the committees.  He will have them by Mayor requested Dan Nieda attend the committee meeting.

Mr. Buzinec explained the elevations of the Loggia and the walkway.

Recommendation was to have a rendering when providing the cut sheets.

Councilmember Iglesias recommended that the outside showers be included and Council agreed.  

Input was given by residents, Dr. Feinman and Oded Meltzer.  
Mayor Singer clarified the process that will be used as follows:
·       Committees select colors, fixtures, etc.
·       Proposed plan with committee recommendations will be brought to the Council for approval
·       Bid documents will be prepared and solicited

Councilmember Colella-Battista requested Mr. Buzinec to bring colored elevations the next presentation to the Council and he agreed.

It was agreed that the material would be presented to the Town by first week of September as requested by the Town Manager.  This was requested so that a report could be given at the September Council Meeting.    

Ramon Castella - Discussion of proposed workshop dates was moved to Item #14.
                                       
E.      ADDITIONS/DELETIONS/REMOVAL OF ITEMS FROM CONSENT AGENDA/ CHANGES TO BE MADE TO AGENDA

Mayor Singer:
Requested to move Ramon Castella to Item #14. Motion made by Mayor Singer.  Seconded by Vice Mayor Einstein.  Consensus vote was taken and approved 5/0.

Requested to move Item 10a to follow Additions/Changes/and Deletions. Councilmembers spoke in agreement to move this item to follow Additions/Changes/and Deletions.

        Councilmember Colella-Battista stated no changes.

Councilmember Iglesias:
Add Items to Discussion and Direction - Set up committee to handle exit interviews of all employees that leave the Town.  Motion made by  Councilmember Iglesias. Seconded by Councilmember Colella-Battista.  Consensus vote was taken and approved 5/0.  Mayor designated as Item #15.

        Town Manager:
        Pulled Items 2 through 5 - due to advertising problem for the second reading of Ordinances. Motion by Mayor Singer. Seconded by Councilmember Iglesias for discussion.  Discussion held concerning cost and responsibility.  Motion made by Councilmember Colella-Battista to pull the items from the Agenda.  Second by Councilmember Lusskin.  Consensus vote was taken and approved 5/0.
        
        Change Item 10a from Miscellaneous Resolution Section of Agenda to Discussion and Direction due to the Council having to select the Alternative plan for the addition money.  Town Manager explained the possible need to due an RFP or as a part of the existing Contract with Metro Equipment for portion of Phases 3 & 4.




10a.    Approval of Additional Stormwater Work on Phase 3.  

Steve Smith explained Alternatives 1 - addition of pump station.  Would remove the water in the northern portion of South Parkway where the new pipe was installed.   

Vice Mayor Einstein pointed out the placement of the pump station is not located in the park as it is in North Park.

Councilmember Colella-Battista pointed out that the present pipes which are 8-10" pipes will not be connected to the pump station and that it will be just the new outfall pipes that were installed.  (Pause in tape)

(tape picks up with Steve Smith speaking)…He stated that the Town will receive some benefit from putting in the collection system around South Park as has already been observed, but there will be periods of time that there will be standing water.  If the Council picked Alternate #2, the Town will see a difference between North Park and South Park as North Park has the pump.  

Councilmember Iglesias pointed out that if the Council selected Alternative #2 we should see the same alleviation that was seen on the north side of South Park.

Mr. Smith explained that it may be similar but may not be as drastic due to the longer way that the water must travel to the outfall as it will operate it on head pressure of the water.

Mayor Singer clarified that Alternate #2 needs to be done on the Master Plan as well as the pump station and Mr. Smith agreed.  

Mr. Smith discussed how the new system eliminated many small outfalls and replaced them with the larger outfall pipes.  

Vice Mayor Einstein discussed the old system and if there is a high tide, the water still goes out.  Mr. Smith confirmed that the present outfall pipes in this area range from 6" to 12 " pipes.  Mr. Smith confirmed that the water would still go out even at high tide, but it would be much better with a pump.  Vice Mayor Einstein question if during a heavy rain would there be a greater relief with the new pipes without the pump and Mr. Smith stated that based on the pipe size planned to install versus what is there now there would be a greater relief with the new pipes.
 
Vice Mayor Einstein questioned what happens if a pipe in the system breaks and Mr. Smith explained that the quality of the pipes being installed were metal and on pilings and this should be a limited problem.  

Mayor Singer asked Mr. Smith which Alternative he would recommend and he stated Alternative #2.  

Town Manager added that the placement of the pipes on the north side of South Park significantly helped the flooding in the area during rains and not just with high tides.

Vice Mayor Einstein questioned if the south side of North Park that is not done will be in another project.  Mr. Smith explained that it does not match the Master Plan due to portions being completed and not a complete project. Vice Mayor Einstein restated that he always wanted Golden Beach Drive done first.  He asked to have it verified that Alternative #2 will complete portions of Golden Beach Drive and it was confirmed.
        
Mr. Meltzer questioned if this was one outfall only.  He inquired in the event of two weeks of Equinox what happens.  Mr. Smith explained the system design and that tidal water would only be infiltrating over the seawalls and not through the system when it is completed as completely designed.  Mr. Smith confirmed that the old system would be closed off and abandoned once the system is operational.

There was discussion between Dr. Feinman and Oded Meltzer that was not audible for transcribing.

Councilmember Iglesias questioned Mr. Smith if you can pump out during high tide and Mr. Smith confirmed that it would pump out by the amount of pressure produced by the pump.  Mr. Smith stated that he will re-verify and if he is incorrect, he will call each Councilmember personally and speak with them.  

Councilmember Lusskin stated that people have to recognize that when you live this close to the water you may have water.  Mr. Smith stated that there are several major differences with the new system design opposed to the current system, which are as follows:
·       Currently you have a pump station utilizing wells to have the first initial run off
·       New system is putting the runoff into a special structure treating the runoff and then pushing it out.  
·       Currently you have a pump station above the ground level versus the new design of a pump station level with the ground and it is underground so you do not have the need of a building.  It was explained that presently the runoff water goes down through the aquifer back up and out the pipe.  

Councilmember Lusskin stated that the residents on the north end stated that it is working so well that they can hear it.  Mr. Smith discussed the work left for completion of the project, which is connecting the electric to the pump, startup of the pump itself and then finishing the landscaping.  It is working on gravity at this time.  The timetable is within the next 15-30 days.  

Motion made by Councilmember Iglesias to select Alternative #2.  Seconded by Vice Mayor Einstein.  Consensus vote of 5 Aye, 0 Nays.

Mayor Singer directed to have Town Manager put on Alternative #2 and the Town Manager explained that the Town Attorney needs to look at the present RFP and see if this can be done by change order or if it requires a new RFP.

Councilmember Lusskin expressed her appreciation to Mr. Smith on the cooperation of Mr. Gomes and himself in explaining the system process to the Council and everyone added their own thoughts simultaneously.

F.      TOWN BOARD/COMMITTEE REPORTS
        Beach Committee -               Cancelled for August
Recreation Committee -  Cancelled for August
        Security Committee -            Cancelled for August

Town Manager reported that no reports had been turned into her to read at the meeting.

Councilmember Iglesias questioned if there had been any volunteers that have come forward to join any of the committees. The Town Manager reported no and   she recommended that perhaps a separate mailing to the residents with a form.  He stated that he new it was on the website.  Town Manager explained that as soon as she hears of anyone she contacts them and encourages them to join one that they feel they are interested in serving on.  Explanation was given to consider adding an alternate for the Building Advisory Board.  Councilmember Iglesias suggested having alternates for the Block Captains as well.
G.      GOOD AND WELFARE

Mario Junco, Marketing Director on behalf of Sapoznic Insurance - read a letter into the record.  Town Manager explained that this was emailed at 5:22 p.m. and was not distributed to the Council prior to the meeting.  

Motion made by Councilmember Iglesias to extend the speaker's time and seconded by Mayor Singer.  Consensus vote taken 5/0.

Councilmember Colella-Battista questioned if the Council would be making a decision on something tonight and Mayor Singer stated that the insurance matter was on the Agenda.  

Marion stated that the RFP had an incorrect date of showing as August 9, 2005 and wanted it brought up to the Council and that perhaps it was a technicality that the RFP had an error in it.    

Gloria Rosen - handed out information to Council - advised to wait until Agenda item to make her presentation.  

        Dr. Feinman - (Addendum #2) spoke on the following items:
·       Requested Council to consider hiring a landscape architect and begin with a project in North Park to include a 10-foot wide sidewalk around the entire park, and include a small kiddies" park in one corner.
·       Hire a general architect for the Town
·       Enhance security for North Park for non-resident using the park
·       Immediately enforce the following:
o       Vehicles parking without decals
o       Require non-residents using parks and tennis courts to register at gate and get visitor pass
o       Install meters for non-resident use
o       Pursue with M-D County making the road in front of Town Hall and by Public Works as green space
o       Move Town Hall to the present basketball court and make Town Hall a 3-story building with parking underneath the building on first floor.
o       Create position of facility supervisor for Ken Jones with applicable pay increase
o       Have Ken Jones repair the A1A fencing immediately and save the Town money by not replacing the entire fence

Motion made to extend time by Councilmember Colella-Battista.  Seconded by Mayor Singer for 30 seconds extension.

o       Suggests borrowing State Revolving Loan Fund money at the very low interest rate and put it in the General Fund to purchase the vacant lots on A1A.

         H.     MAYOR’S REPORT
                Mayor updated on the following items:
·       Welcomed residents home from summer vacations and requested people to watch for children retuning to school at this time
·       K-9 made first arrest on A1A
·       Beach Pavilion - moving along and encouraged residents to participate in joint committee meeting.
·       Reviewed Capital Improvement Workshop and reminded residents to attend workshop.  Letter to be mailed to residents.
·       Updated on the Altit Property purchase and announced contract was in place.
·       Buoy anchoring system is in place and buoys will be anchored in a week

I.      COUNCIL COMMENTS  
        
        Councilmember Colella-Battista - reserved comments to under agenda items.

        Vice Mayor Einstein
·       Tickets being given to non-residents that may be attending the Council Meeting representing residents
·       Discussion on bring parking meters back to Council for consideration.  Chief estimated the cost for 24 meters to be $8,000 - $12,000.
·       High police visibility on Golden Beach Drive was very effective

Councilmember Lusskin
·       Pavers and new stenches on A1A enhanced the front entranceway positively
·       Construction fences slow to go up on older construction sites and this need follow up to ensure they go up
·       Police visibility very good and word is out not to speed in Golden Beach
·       Letter on beach erosion project has September 18th deadline.  Referred to the Beach Committee and Councilmember Iglesias will attempt to have committee meet after Labor Day holiday if he can get quorum
·       Special Magistrate - hears complaints that cases are constantly continued.  Town Attorney explained the process and the term of the Special Magistrate.  He will provide names to Mayor.
·       Thanked Lee Duffner for his interest in working for the Town.
·       Weekly Paving - described the problems at several homes and Town Manager suggested remedy given by Ken Jones.  Discussion will be held with Town Engineer.  
·       Update on Beach rope requested from Town Manager and she updated on the installation and maintenance of rope.  Requested a letter be sent to Ms. Heyman to thank her for her help

Councilmember Iglesias    
·       Reminded residents to vote on September 5th
·       Requested update on laptops for police
·       Stated that since the Town was allowed to do work on weekends that we need to be understanding for residents and allow them to do it in emergencies
·       Welcomed the new beach attendant
·       Noticed gouges in the new overlay paving.  Town Manager explained it was done by construction site workers and will be repaired before bond is returned
·       Stated Town Manager's contract allows for Council to do evaluation of Town Manager and would like a form to have input
·       Requested Council and Town staff to obey speed limit while driving in Town
·       Expressed need for Newsletter to be put back in place so residents know of the meetings and can have input.  Councilmember Colella-Batista offered her thoughts on content if Agenda items for upcoming meeting were removed.  Direction given to contact other municipalities regarding how their newsletters are distributed and inquire regarding cost .This would set a deadline and it would go out regularly.  Consensus to have monthly newsletter except for month of July
·       Discussed fencing problem that currently exists with children exiting school bus and walking through hole in fence to get to their residents in Golden Gate

J.      TOWN MANAGER REPORT - none      

K.      TOWN ATTORNEY REPORT - none
        
L.      ORDINANCES – SECOND READING

1.      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. 1
                        Ordinance – Second Reading
Recommendation: Motion to approve Ordinance on second reading

Dan Nieda gave background on this Ordinance and explained the setback permitted elevations.

Mayor opened the Public Hearing.

Dr. Feinman stated that Ordinance did not have sponsor and each Agenda Item should include dollar amount.  After Council discussion it was determined that Ordinances that come to Council as the result of the Code Workshop should show Code Workshop as the sponsor.  If sponsored by a staff member it was acceptable to show as Town Administration rather then an individual person.  

Motion made by Councilmember Iglesias.  Seconded by Councilmember Lusskin
Roll call vote was as follows:  Mayor Singer - Aye; Vice Mayor Einstein - Aye; Councilmember Colella-Battista - Aye; Councilmember Iglesias - Aye; Councilmember Lusskin - Aye.
     
2.      ORDINANCE NO. 511.06  -  PULLED

3.      ORDINANCE NO. 512.06  -  PULLED
        
4.      ORDINANCE NO. 513.06  -  PULLED

5.      ORDINANCE NO. 514.06  -  PULLED

M.      ORDINANCES – FIRST READING
                
6.      ORDINANCE NO. 515.06
AN ORDINANCE OF THE TOWN OF GOLDEN BEACH, FLORIDA, PROVIDING FOR THE TOWN TO OPT OUT OF AND EXEMPT ITSELF FROM THE REQUIREMENTS OF SECTION 2-11.1(T) OF THE MIAMI-DADE COUNTY CODE CONCERNING CONE OF SILENCE REQUIREMENTS RELATED TO PURCHASING TRANSACTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE.
Exhibit:                Agenda Report No. 6
                        Ordinance – First Reading
Recommendation: Motion to approve Ordinance on first reading    
        
Town Attorney discussed the purpose of introducing this Ordinance and the history concerning the Miami-Dade Cone of Silence Ordinance.  He identified many cities that have opted out of the County Ordinance and explained the impact for the Town.

Attorney Helfman fielded the questions asked by Council.  Councilmember Iglesias felt this could offer an opportunity for abuse and did not support.  All discussions should be in the Sunshine.

Mayor Singer listed various cities and Attorney Helfman stated majority opted out and the others have ended up at the State Attorney's Office with accusations of impropriety.  

Councilmember Colella-Battista questioned the sponsor and Town Manager explained that the Town Attorney brought it to be put on so it was sponsored by Town Administration for that reason.

Mayor Singer opened the Public Hearing.

Dr.  Feinman spoke against the Ordinance and stated he felt that transparency in government is best.


Mayor Singer closed the Public Hearing.
        
(Break in DVD recording as DVD was full. Action taken was from notes taken at meeting until new DVD started during middle of Item #8)

Motion made by Mayor Singer.  Seconded by Vice Mayor Einstein
Roll call vote was as follows:
Mayor Singer - Aye; Vice Mayor Einstein - Aye; Councilmember Colella-Battista - Aye; Councilmember Iglesias - Nay; Councilmember Lusskin - Aye.

N.      RESOLUTIONS: QUASI JUDICIAL - None

               
O.      CONSENT AGENDA

7.      Approval of Minutes:    
        Local Planning Agency Meeting - July 18, 2006
Budget Workshop - July 19, 2006

Motion made by Vice Mayor Einstein to approve.  Seconded by Councilmember Colella-Battista.
Roll call vote was as follows:
Mayor Singer - Aye; Vice Mayor Einstein - Aye; Councilmember Colella-Battista - Aye; Councilmember Iglesias - Aye; Councilmember Lusskin - out of the room.

P.        RESOLUTIONS:  MISCELLANEOUS

        8.      Approval of Health Insurance. (RESO No. 1805.06)
A RESOLUTION OF THE TOWN OF GOLDEN BEACH, FLORIDA, ACCEPTING A PROPOSAL FOR THE PROVISION OF A COMPREHENSIVE HEALTH INSURANCE PLAN FOR THE BENEFIT OF THE TOWN OF GOLDEN BEACH EMPLOYEES AND ELIGIBLE DEPENDENTS; PROVIDING FOR CONDITION OF AWARD; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
Exhibit:                Agenda Report No. 8
                        Resolution
Recommendation: Motion to approve Resolution

DVD #2 - began recording in middle of discussion over date error in RFP documents.

Town Attorney Helfman explained that this would only be a major technicality if a vendor did not make the deadline and he questioned the vendor representative who stated it was not the issue.  Town Attorney rendered an opinion that it was not a problem.

Vice Mayor Einstein asked the Finance Director if she did any other analysis on the differences in the pans and Ms. Camacho clarified the benefit of Open Access as opposed to standard referral process.

Councilmember Colella-Battista questioned why Sapoznic came with a letter if the Resolution was to accept the Vista plan.  Resolution was clarified that when Council approved the Resolution for Vista the employees would chose if they would participate in the HMO or PPO.

Town Attorney requested that the Vista plan numbers be included in the Resolution for clarity.

Motion made by Vice Mayor Einstein.  Seconded by Councilmember Colella-Battista.
Roll call vote was as follows:
Mayor Singer - Aye; Vice Mayor Einstein - Aye; Councilmember Colella-Battista - Aye; Councilmember Iglesias - Aye; Councilmember Lusskin - Aye.


        9.      Purchase of Vacant Lots to Purchase for Town Use. (RESO No. 1806.06) A RESOLUTION OF THE TOWN OF GOLDEN BEACH, FLORIDA, AUTHORIZING AND APPROVING A CONTRACT FOR SALE AND PURCHASE OF VACANT FROM ALAIN ALTIT AND JILLIAN ALTIT; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
Exhibit:                Agenda Report No. 9
                        Resolution
Recommendation: Motion to approve Resolution
Mayor Singer and Town Attorney discussed that negotiations on the property and the process the Town must follow to purchase the property from Mr. Altit.  Closing is set for 6 weeks from now.  Council discussed the need for an environmental study and it was agreed that it was needed.  

Finance Director updated the Council on the information received form Northern Trust and advised they will work with the Town on the rate and they have no minimum like League of Cities.  Council determined that they need direction on the financing availability and requested the Finance Director to obtain three (3) proposals.

Discussion was held as to whether the Town wanted to purchase one lot only if the second lot was not available and it was agreed that they did. Councilman Iglesias stated that he believed that one lot would probably give enough space to put the Town Hall on A1A with adequate parking.  

Vice Mayor Einstein thanked Mayor Singer for his time and work on negotiate the contract.  
        
Motion to approve Resolution No 1805.06 made by Councilmember Iglesias.         Seconded by Councilmember Lusskin.
Roll call vote was as follows:
Mayor Singer - Aye; Vice Mayor Einstein - Aye; Councilmember Colella-Battista - Aye; Councilmember Iglesias - Aye; Councilmember Lusskin - Aye.
        Mayor updated the Council on the second piece of property.  


        10.     Approval of Flood Insurance Renewal. (RESO No. 1807.06).  A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF GOLDEN BEACH, FLORIDA, AUTHORIZING AND APPROVING RENEWAL OF THE FLOOD INSURANCE POLICY WITH AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE.
Exhibit:                Agenda Report No. 10
                        Resolution
Recommendation: Motion to approve Resolution
        
The Town Manager explained the Resolution and the need for the Council to determine which options they wanted.  

Rear Maintenance Building - Mayor recommended to keep the same coverage and same premium on both buildings.
                                

Motion made to approve Option A in both policies and approve Resolution No. 1807.06 by Mayor Singer.  Seconded by Councilmember Iglesias.
Roll call vote was as follows:
Mayor Singer - Aye; Vice Mayor Einstein - Aye; Councilmember Colella-Battista - out of room; Councilmember Iglesias - Aye; Councilmember Lusskin - Aye.

        10b.    Approval of Retainer Agreement with Attorney Michael D. Ehrenstein. (Reso. No. 1809.06)
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. 10b
                                Resolution
Recommendation: Motion to approve Resolution

Not heard due to not having a representative present.  This was discussed at end of meeting.

Q.      DISCUSSION & DIRECTION

11.     Discussion on Increasing the Retention of Council Meeting Tapes/DVDs/Audios.
Exhibit:                Agenda Report No. 11
Recommendation: Discussion and direction

Councilmember Lusskin explained her item and Council discussion was held concerning the pros and cons of retaining the tapes and DVDs longer than the 5 years stated in the Town Code.  It was agreed to retain the DVD's as long as possible and convert the VHS tapes to DVD.  Town Attorney was directed to draft an Ordinance to change the Code.  

        12.     Approval to make conditional offer to Town Clerk.
Exhibit:                Agenda Report No. 12
Recommendation: Discussion and direction
               
Councilmember Iglesias updated the Council as chair of the Search Committee and made a motion to recommended Ms. Cindy Ecklund.

Mayor Singer thanked the Search Committee for the time that they put in on this candidate search.  

Council discussed the candidates and it was recommended by Mayor Singer that the Council should interview Ms. Ecklund individually prior to a conditional offer was made.  

Town Attorney recommended an Employment Agreement be placed on the next Council Meting for approval by Resolution, which is mandated by Charter and an investigation firm to do the background.  Mayor recommended that Council speak with the candidate.    

The Town Manager was directed to invite Ms. Ecklund to a Special Town Council Meeting to be held on August 28, 2006 at 12 Noon.  

Motion made by Vice Mayor Einstein to extend the time of the Council Meeting adjournment by 15 minutes.  Seconded by Mayor Singer.  Consensus vote was 5 Ayes, 0 Nays.


        13.     Acceptance of Attorney Fee Resolution for billing.
Exhibit:                Agenda Report No. 13
Recommendation: Discussion and direction

Town Attorney discussed his billing and the ways that the Town could limit the cost.  He explained what his firm handles many things that will shift to the Town Manager to do such as Resolutions, minor contracts, etc.  He will tell the Council when directed to do a project that he believes will go over $5,000.00.  If an assistant attorney comes to the meeting, the Town will not be charged with the exception of Labor Attorney.  He will reduce all outstanding bills by a total of $20,000.00.  He also advised he would forego the contract agreement for a CPI increase.  

Councilmember Colella-Battista stated that she hoped this was the last time the Council collectively beat up on the Town Attorney.  She stated that he is only billing for the work that the Council ask him to do.  She did not feel the $20,000.00 write off did not come because the Town Attorney did something wrong but was done as a goodwill gesture.  

Councilmember Lusskin and Councilmember Iglesias concurred with the comments made by Councilmember Colella-Battista.

        

15.     Conduct exit interviews by a Committee added to agenda by Councilmember Iglesias.

Councilmember Iglesias expressed his concern of the fact that over the last few years the Town has been losing employees left and right.  He felt that it was important to learn the reasons that could range from salary paid are not enough to personal problems.  Pointed out that large corporations do this as they invest a lot of money in training employees.  Recommended that the same people make up the Exit Out Interview Committee that makes up the Employee Review Board.  He stated that 10-12 employees left over the past 2-3 years.

Councilmember Colella-Battista stated that it might not just be over the last 2 years but that the Town historically has a large employee turnover.

Vice Mayor Einstein questioned the legal impact if any in doing this.  The Town Attorney stated that you cannot compel the employee to do it but you can ask them to participate.

Discussion was held regarding the information would be open to sunshine and it was pointed out that if the Personnel Board was to meet it is an advertised meeting and open to the public.  Vice Mayor Einstein pointed out that it is not uncommon when a new Mayor comes in for a new Town Manager to come in and new staff as well.  This was the nature of the form of government.

Councilmember Colella-Battista suggested that the Council talk to a resident David Block a labor attorney for his advice.  Councilmember Iglesias recommended we use the labor attorney of the Town Attorney's law firm, which handles other Town labor issues.  Town Attorney stated that the Mayor has the overall responsibility for the Town employees and he may be doing it.  Mayor Singer stated that he would like to speak with the town Attorney over legal questions that he has on the matter.  Town Attorney will research the proper structure for the Town to use and estimates that it will not run over 3 hours of billed time.  He will research and set up structure and present it to the Mayor to bring to Council.

Discussion was held regarding Agenda Item 10b.  It was discussed that there was no representative from the law firm for Mr. Ehrenstein.  Mayor updated them on the negotiations on this matter and referred them to the emails provided to the Council as backup and reviewed the numbers and percentages.  

Councilmember Colella-Battista questioned why we would consider a firm that has stated that the firm does not entertain this business model.  Councilmember Colella-Battista that she had already written a letter to the Council and they showed be aware of how she felt on the mater.  The current law firm for the Town has a full service firm and can handle this matter at a reduced rate as they have skilled professional attorneys to handle this and recommended that we give the work to Mr. Helfman's firm as they should be rewarded and they know the Town.  
 
Motion made by Mayor Singer to extend the time of the Council Meeting adjournment by 5 minutes.  Seconded by Councilmember Iglesias.  Consensus vote was 5 Ayes, 0 Nays.

Mayor explained that he is not opposed to going with the present law firm but this was outsourced before with the Leiby firm.  Town Attorney was directed to present the name of the attorney that would be working on this matter and to bring him to the next meeting.

Councilmember Iglesias requested an update on the laptops and the Chief stated it was up and operational as of this date.  

Motion made to adjourn by Mayor Singer and seconded by Councilmember Iglesias.  Consensus vote of 5 Ayes, 0 Nays.
R.      ADJOURNMENT at 11:24 p.m.

Respectfully submitted,

Bonilyn Wilbanks-Free

Town Manager



 
 
   
Town of Golden Beach Florida 1 Golden Beach Drive, Golden Beach, FL 33160-2296
Phone: (305) 932-0744    Fax: (305) 933-3825    info@goldenbeach.us   Privacy Statement   Website Disclaimer