2007.02.13_BSAB_Minutes_RegularTOWN OF HIGHLAND BEACH
• BEACHES ADVISORY BOARD
REGULAR MEETING
Tuesday, February 13, 2007 9:30 A.M.
Chair Lucy Miller called the meeting to order at 9:30 a.m. In
attendance were Chair Miller, Vice Chair Martha Pando, Betty .Jane
Hofstadter, Gary Guertin and James Wanat. Ruth Samuels and Evie
Weiss were absent.
NEW/OLD BUSINESS
Coordinating Communications & Work Assignments with Town staff
Re: Request for discussion from Dale Sugerman
If Board members have an assignment they would like a staff member
to assist with, go through Board Chair who will go to the Town
Manager to discuss and get "permission".
MOTION was made by MR. WANAT/MRS. PANDO to adopt the process as
noted above when work is required of a Town employee. Motion
carried.
Beach Survey
At their Workshop Meeting, whereby the Board has been "divided" into
two groups, (Beaches and Mangroves), what is the objective of the
groups- what do they want to accomplish.
• Correspondence
. Attached memo from Martha Pando re Readers Digest article about
riptides.
A Workshop Meeting will be held on Tuesday, February 27 at 9:00 a.m.
to discuss : Developing an objective, how to accomplish and short and
long term goals.
ADJOURN
With no further business to come before the Board, Motion to adjourn
was made by Mr. Guertin/Mr. Wanat at 10:35 a.m.
APPROVE:
Lucy Miller, Ch. ~'
Martha Pando -~ ~-~
Betty Jane Hofstadter
Evelyn Weiss ~ abse t
Ruth Samuels a en
James Wanat
Gary L. Gue tin
Attest: Date:
•
January 23, 2007
Jane-
Can you please put the following agenda item on the February Beaches and Shores
Advisory Board meeting? I've discussed this with Lucy Miller and she will be the one to
address the topic.
Coordinating communications and work assignments with the Town staff.
Thanks,
~~
Dale
•
•
MEMORANDUM
DATE: February 9, 2007
TO: Dale Sugerman
Town Manager
Town of Highland Beach
FROM: Martha Pando ~'H~~~
Vice Chair, Beac es & Shores Advisory Board
SUBJECT: Legal concern -Town or Tax District possible liabilities
I came across an article in the Reader's Digest of July 2006 about people who ran into
risks/dangers while swimming and/or enjoying the beach. It questioned whether the city
of Miami Beach was legally liable in the case of two sues from swimmers who were
almost drowned by riptides.
I am attaching a photocopy of the verdict.
Since we are pursuing control over the "managemerrt" or "mainrtenance" of our shores, it
would be very important to understand the legal implications in either of two scenarios:
• A tax district assumes responsibilities (citizens choice)
• The town oversees the maintenance
Could you please consult the town's attorneys and/or advise us regarding this matter?
cc Beaches and Shores Advisory Board
Enclosure (1)
•
YOU BE THE JUDGE
ien a
sight
. Eu-
and in oceans all over the world. How
could the city protect people from the
natural force of the sea? Beep in mind
that Florida has over 2,000 miles of
shoreline. It would be impossible to
protect the public at all times.
Besides, the city council had de-
cided which beaches along the vast
shoreline to specify as swimming
areas. These beaches had posted signs
informing the public that swimming
was allowed. T'he 29th Street beach
had not been designated a swimming
area, and had no sign indicating that
swimmu-g was-or was not-allowed.
For Miami Beach to be held liable
for the deaths, a city attorney argued,
"you'd have to say that the Atlantic
Ocean itself is a hazardous condition
that must be guarded and protected
against" People have a right to swim
wherever they want, the city said, but
Miami Beach didn't have a duty to
protect them wherever and whenever
they chose to swim.
-ilies
t the
The
Nim-
they
why
is on
ould
sere
idn't
have
wide
nth a
im?
city
irag-
sup-
and
ether
hese
ards.
aide
have
had
s dif-
cer-
°ach-
city's
d the
city
ides,
omly,
Did the city of Miami Beach have a
duty to wam swimmers of danger, or did
Poleyeff and Breaux swim at their own ~ f~
risk? You Be the Judge! ~ (ice-' -
The Case of the Raging Riptide
AST YEAR, the Florida Supreme
Court made clear that Miami
Beach was running the beach on
29th Street as a public swiinrning area.
The city was responsible for the beach
and water activities.
The court added that by supplying
amenities, especially beach rentals,
the city influenced people's selection
of that area for swimming. The pub-
lic was led to believe that swimming
was allowed-signs or no signs. The
court even went so faz as to say that
Miami Beach knew people were
swimming there and as a result had
provided access from the boardwalk
as well. as beach facilities, such as
showers. The city, whether it admitted
it or not, was running a swimming
area at the 29th Street beach, and had
a duty to warn swimmers of the pos-
sible dangers.
Nine years have passed since Israel
Poleyeff and Frederica Breaux lost
their spouses, and a settlement from
Miami Beach seems likely. Lifeguazds
are now posted at the 29th Street
beach, and the city's website provides
information on rip currents. Two more
Poleyeff grandchildren have been
born, one named for Eugenie. And
Zachary Breaux's album, the one that
put him on the Billboard chart, is still
for sale. The last song on the CD is
called "I Love This Life:'
111
r ~
L J