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Town Council Minutes 07/18/2006 - Local Planning Agency
TOWN OF GOLDEN BEACH
One Golden Beach Drive
Golden Beach, FL  33160

OFFICIAL MINUTES
July 18, 2006
LOCAL PLANNING AGENCY
7:00 P.M.

MEETING CALLED TO ORDER
Mayor Singer called the meeting to order at 7:10 p.m. Roll Call taken by Town Manager.

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

Staff in attendance:  Town Manager, Chief Skinner, Town Attorney Helfman, Dan Nieda, and Barbara Tarasenko.

Consideration of Ordinance 514.06 - Amendment of Article IV - Seawalls

Town Manager read the title of the Ordinance into the record.  

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.

Dan Nieda gave an update on the Ordinance and explained the purpose of the amendment.

Attorney Helfman explained the issues raised from the previous Council Meeting and the direction he received from the Council to make this amendment.  He explained the process of having it heard with public input on the issue of how this amendment would affect the Town's Comprehensive Plan.  

Mayor asked for Council comments.

Councilmember Colella-Battista stated the she believed that the amendment was just what was needed.

Councilmember Lusskin stated she agreed that it addressed the 4-feet height that so many residents were not having an issue with.

Councilmember Iglesias commended the Council for readdressing the issue.  He questioned the following issues:
·       how we would address a 4-foot seawall that we did have an overflow problem.  

Mr. Helfman responded that if the seawall was in good condition that you would have to live with it.  

·       The turnover of property through a sale - who would be responsible.  

Town Manager suggested that if may be able to be verified when the Town receives a lien request for the sale of a property.  Mayor recommended that we set up internal controls to check on this when a property is selling.   

Mr. Helfman suggested that the Town could survey each property, but this will require a lot of staff.   

Councilmember Colella-Battista suggested that we put the property owners on notice and then it would be the property owners responsibility to disclose this information to the new buyer.

Public Hearing opened.

Neil Leff - addressed the 4-ft seawall concerns and reiterated that we have never had a tide over 4-feet and did not feel this should be a concern.  Discussion was held over saltwater intrusion and flap valves and their history over the years.

Stan Feinman - asked for a clarification for 46-83.  He asked how the operation was going to be inspected and whether it was by Code Officer or Building Official.  He recommended the process should be simple and effective.  

Mr. Helfman stated that we did not change section 46-83 but that he will look at it prior to second reading.  

Dan Nieda clarified that the Code Officer would begin the inspection phase and bring it to his attention for further inspection.

Public Hearing closed.

Attorney Helfman clarified that he reviewed Section 46-83 and feels he understands what the intent was and it was fine.

Motion by Councilmember Colella-Battista to find that the amendment ordinance is consistent with the local Comprehensive Plan.  Seconded by Councilmember Lusskin.
Vote:  Mayor Singer - Aye; Vice Mayor Einstein - Aye; Councilmember Colella-Battista - Aye; Councilmember Iglesias - Aye; Councilmember Lusskin - Aye.

Motion to adjourn by Councilmember Iglesias.  Seconded by Councilmember Lusskin.
Consensus Vote: All in favor - No one opposed.
ADJOURNMENT - 7:36 p.m.

Respectfully submitted,

Bonilyn Wilbanks-Free

Bonilyn Wilbanks-Free
Town Manager



 
 
   
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