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2007.08.28_BSAB_Minutes_Workshop• PUBLIC NOTICE TOWN OF HIGHLAND BEACH BEACHES & SHORES BOARD WORKSHOP MEETING MINUTES Tuesday, Au , ~~t 28 2007 9:30 a.m. Chair Lucy Miller called the meeting to order at 9:30 a.m. In attendance were Betty Jane Hofstader, Ruth Samuels, Evelyn Weiss and Gary Guertin. Vice Chair Martha Pando was absent. APPROVAL OF MINUTES Some minor corrections were made to the minutes dated September 12, 2006 January 23, 2007 NEW /OLD BUSINESS 1. Beaches are dirty, seems to be the consensus of residents. 2. What is current situation with regards to the Beach Standards • 3. What do we the Board want from Commissioners? Trash receptacles on the beach -Check with Bill Moore to see if he has ordered more trash receptacles so that there will be 2 trash cans at every zone. Per Bill Moore, he has not placed an order for more trash receptacles; he will attend the next meeting to discuss this issue. Cheek with Lola Lichtman, Art Teacher for the Cultural Arts Center, is she willing to paint artwork on the new trash receptacles? Can the trash receptacles be brought to her home for the painting? The remainder of the workshop meeting was dedicated to the 3'~ draft letter (Standards for Beach Cleanliness and Maintenance) to the Commissioners. Kim will be retyping and Ruth Samuels will give additional details for the draft letter. NEXT MEETING Tuesday September 11, 2007 • • Page 2 of 2 Beaches & Shores Advisory Board 8/28/07 ADJOURN With no further business to come before the Board, Motion to adjourn was made by Mrs. Lucy Miller /Gary Guertin at 11:10 a.m. APPROVE: Lucy Miller, Chair ~~=7~~-c,~.a. ~ o~~Y~~~-r~ ~~~-~-~ Martha Pando, Vice Chair Absent Betty Evely Ruth ~' Attes~ MarthaP From: Gary Guertin [guerting~bellsouth.netj Sent: Wednesday, August 22, 2007 1:34 PM •To: 'MarthaP ; 'Ruth Samuels'; 'Evie Weiss'; 'Beverly Knight'; 'Lucy Miller Subject: RE: draft of clean beaches Attachments: Gary's draft ofMemo to Comm -Standards Beach Clean 20070814.doc; Gary's draft ofMemo to Comm -Standards Beach Clean 20070814.wps Gary's draft Gary's draft emo to Comm -emo to Comm Hi everyone, Here's my draft of a draft of a draft. I used Lucy's original, Martha's Draft, and Ruth's Draft, combined to make what is in my mind the best combination of thoughts. Feel free to "tear it apart". If you can't open the file in "Word", I have also sent the "Works" version. If you still have trouble let me know. Best Regards, Gary P.S. Martha, could you or Lucy get a copy of this to .Betty Jane? 2 • DRAFT FOR DISCUSSION -MEETING OF AUGUST 28, 2007 I` J~ `_ To: Mayor Harold Hagelman Highland Beach Town Commissioners From: Lucy Whalen Miller, Chair Beaches and Shores Advisory Board Re: Standards for Beach Cleanliness and Maintenance The Beaches and Shores Advisory Board wishes to bring to the attention of the Town Commission the concern of the citizens of the Town regarding the cleanliness and ~" conditions of the beach. This communication is prompted by our observations as well as the expressed concern of the citizens of this Town_ ~~ . 1 o The members of this advisory board have receiv ore complaints about this subject than any other. To date there are over "Clean the ~ aches" petition signatures durin months e-August. Many citizens will be returnin tc our tow i Octobe and tae estimate at least EttC~1~!'e~~ mP_~=m~~~ numbs will sign. .....Hundreds of residents want the Beaches cleano _ -F~k}6~i~-a-~e~-a nn/z~n(~rin~ In/h ifinn r~//f r0 ni`^le~nf'c nnevs e~/ rl~rao 2. New owners have expressed their dissatisfaction with having purchased an expensive residence in a town that does not consider beach cleanliness of vital importance. ~ Show slide- messy beach- 3. Realtors have complained to us of having lost sa/es as a result of the poorly maintained condition of the beach. tf~f'i s /)~ h A~/~ T ITD-ELI=TQ~C~'=t~7i a/f T1T=~pAi~~f1 ~(a~m~t~'/ ~n~ GTth~ tr~~Tl. ~ ~ 4 /ll (I/h~'®f]Y /'IIf/YN//1!tl hr*Irt/ n(/!`(p !1{ • .Probabl~i our most important group of citizens who are concerned about tl~e cleanliness of our beaches the Turtle volunteers. These 25 or so volunteers whc daily work our beaches from March through O tober can t s~i.fy to the poor c nditio s they e~~counter Glass ~ ,'nmetal pipes, ood and hypodermic needles are revealed often scra~ina the hands of our volunteers as they go about the task_ of preserving our sea turtles. They report weekly how dangerous it has become digging in isle sand for Turtle nests. ~~,~yruy~~~.~~.. ~ <``hr~en, clirlc, ns ivrn ~xn i-a erFfa n eei^r{-e~ aenrJe,rnhl.~.- (~-~ • " i 1 x,0.,.,4, TL,.,~o „F„~ ...,+o,.+;,~.,. +L,~, ~..,..7,,.... v,l Qo.. T,,..rlo ,. ,,,;+„ ,..,,+ V UJ jJ1V4 iLlll~-ll o .,ll.,,,.orl +., 4.,,,.,, +«.,~4. ,: 1,;,,1, o„.i.,...,o«~ +4.0 ~ ., +,,,-tlo~ .,,. t1,a;« 1~,,,~. 1~ 1 uiiv •,vV vv v i~ 41 KJLl •, 111 V31 V111i4411~V1 ~, 411V J~ZL-1. GT3. 1, Y y o ~ 1 flf1T1 c,vic.+or,+ !l„« . °1+:";',:1..1: ;r.+.-. +l.o .. "4,'1'+ ~ f r ~ • D~' ~~~~ e.lo.+ o ..+1.0 0 .. t1.o ol. o Thin nri^li n~nno mi~c.i rlof~i! fho reiviiirc~mon~o fi~r.+ ~lol+.~+ -f -9~~4~P~i'S-~C'~8~6-$ ~ - +1. + '111.' ~F+l. tlmt ~ tl} v tlA ~am~Ee~ Y, ~ \ l J"' ~" "" , ~ ~ ~r~ lion should not continue ~ndos and 1'aln. beach ~a beach cleai~iness we havE an 1 ~J~? propert~T owners, from privy team and maintain our beaches on a c ordina~rces. ~_-~ -~~1 ate` ~- dec. 5-4 pules, regulations for use of beaehes: r4'~ Igo perso~~ shall place or deposit on tl~e beach an~o~e paper or other trash or refuse.. but shall deposit same in receptacles dec. 5-b Unlasyful deposit of ~Tlass, c~•ocker~-, etc. It shall be ~.u~la~~~ful for any person to t1~ro~-,.cast. lay or deposit a Mass bottle o~• piece of crochery or any Mass or alass~yare or anti part thereon on any beach ~~-hethpr she ocean beach or Inland ~Tate~-~~%a~~s Ca~~~al, or other part of the ~~~aterfront. sec 5-~ 1/itterina a ~ l~etiniti ascribed terms and in this beaches n~e~ans that aa~ea abutti~~g t~~e atlantic C3cean consisting of r~redon~inantly sa~~d, ~-Nether Belo«~ or above the mean Isiah water mark. ~bs I~rohibited. I~1o person shall leave or depofiit and~~ trash re~.tse or debris on and beach. Irv such trash, refuse or debris shall be placed when available in a container clearly anarked by the to~~~n for s~~~ch purpose. if there is no receptacle or if the receptacle is full. all. trash or refuse must be rezr~o,-ed from ~l~F° beach. c; pri~-ate teaches. ln: regal°d to that portion of the beach determined to be ~•ivate property no perso~~ shall. place or deposit o~~ ally such beach ani- t~•asl~ ~'efuse or debris. ~u~-ther. tl~e ;T';'iler of the t~rivate t3t`€'?i~E~rt~-' shall n~t_a11 Brach t°~ ~~ac~ n;• T'~^'~Y • ~~ debris to remain on his p~•oaerty for a~eriod of ti~~e greater than seven { 7~ days after notification by tl~e to~~.~n. Anv such trash_ ref2.~se or debris located upon private beachfront proper~i~ shall be proper~~ disposed of in a n3anner other<<aise provided by the caries and regulations of the town. ~} ~~iolation. Anv private property oz~-r~er found to be in violation of this section shall be subject to the ~uurisdiction of the totem's code enforcegnent ordinance, and sz~bject to penalties prescribed by the code enforcement board far each day a violation is detez-~<~ined to exist. the ordinances sUecificall~~ refer to beach cleanliness but the town's "Nuisances" ordinance (chapter l7} is the overall ordinance in which town cleanlhess is defined and enforced. ~n info~-~nal sui-~~ev of beachz~°ont properties conducted by the Beaches and Shores Advisory Board in January X007 showed that beach clean-up znetliods and frequency of eleanin~ aye at best inconsistent and at ~~,%orst non-existent. fur investigation into the Uossibilit5- of enfo~•cement of the beach cleanliness codes vas disappointing. It is well knov~m that two beach cleaning co~~pa~~ies ~~~orh our beaches and that the methods of cleaning use of equipment etc. is inconsistent between the two, Giving different results from the standpoint of cleanliness and beachU -eservation. the Beaches and Shores Advisory Board believes the current situation should not continue. 'e request your approval to proceed «-ith a 4 part action plan toF~~ard ``cleaning up"` our beaches: l.i . ~hile some of the cu~n•ent told) ordna~lees__slaould be maintained, they should b ~'1~stren~ther~ed to include mare specific standards. s~~ `` d ~ on tl~eh~,, ~i,n ~~a ~,p ~tr o~ ~~ ,t .v,. „~o n~x.,,,~4-~ ~~,~~1 clean th ;,• ~~~ F '.~ - ~~ T4~- ~~~ ~~'e have studied ail of the above actions are : `fo~~n ~'o~runissioners. be able tQ wQ a,M~ ve d ~na~a~ ,~ ~ ~- at the directio?~ of F- ~~~ U ~~ r~t~-rvx..~ • ~. ~nforce~nent of ~~hateve.r direction ~s t~kex1 n_ee~s tg b~ ctetern~~nect €.p~~~.." ~~" From: Gary Guertin [guerting@bellsouth.net] Sent: Monday, August 20, 2007 7:21 PM To: 'MarthaP'; 'Ruth Samuels' Cc: 'Lucy Miller'; 'Evie Weiss'; 'Beverly Knight' Subject: RE: draft of clean beaches Martha, I am now confused. I thought Ruth did an excellent job of taking the original draft and your corrections on the original draft (which was almost a new draft), plus what we talked about in our last meeting, and coming up with a "latest" draft. I find her draft is the closest to the combined thinking of our Board and certainly a lot closer than either the original or your revised draft. I would recommend we take her draft and work forward, but, of coarse, Lucy and yourself are running the show, so you tell me what draft you want me to comment on. I have said several times I am not a writer, so I will inject my thoughts to someone else, who can express them in good English, I do not have that ability. For example, you specifically wanted me to comment on the Turtle Volunteers, and while Ruth's fifth point, in my opinion could still need some minor reinforcement, it's closer to my ideas on the subject than the other drafts. I will try to forward my thoughts in the next day or two. Best Regards., Gary i S -----Original Message----- From: MarthaP [mailto:goodtek@comcast.netJ Sent: Monday, August 20, 2007 11:00 AM To: `Ruth Samuels' Cc: 'Lucy Miller'; 'Evie Weiss'; 'Gary Guertin'; Beverly Knight Subject: RE: draft of clean beaches Dear Ruth, As usual, you show your dedication to the B & S Adv Brd by investing quality time and effort in our endeavors. I read the new draft you wrote and like your approach to several points. On the other hand, I find that discussing a new draft, at this time, would just add to our efforts towards a productive outcome for our presentation to the Town Commission. My understanding is that we had agreed to continue working on the existing draft; each of us was to analyze what to add/delete and how to improve our message; we were going to discuss our recommendations at the August 2$th workshop. Gary, having been the most vocal in our last meeting, already had some cl°ar-cut recemmendations on the table. I feel that, to introduce a new draft, at this time, would affect our progress towards a consensus. At our next i,~orkshcp, please, ..ith your usual energy and beautiful enthusiasm, Slldre With uS What points, 1f ally, from your new dra~-t you feel should a~-~ i nto the e3£iSting gF?rgipp, @? y~~~i n_r_ t_rI~ ~nr_r. ~J ----Original Message----- From: Ruth Samuels [mailto:travelingkitchen@hotmail.com] Sent: Friday, August 17, 2007 4:26 PM To: guerting@bellsouth.net; lulusback2006@earthlink.net; martha@adelphia.net; eview@webty.net; bevknight@earthlink.net Subject: draft of clean beaches To: Mayor Harold Hagelman, etc. From: RS- to be reviewed by the Beaches and Shores Advisory Board for the workshop meeting- Please reply. The Beaches and Shores Advisory Board wishes to bring to the attention of the Town Commission of Highland Beach the concerns of its citizens regarding the unclean conditions of the beach. Listed below is information received by inquiry and solicitation from our citizens to the Beaches and Shores Advisory Board. 1."Clean our Beaches" Petitions have been circulated to Condos and private residences. To date there are over signatures during months June-August. Many citizens will be returning to our town in October and we estimate at lease 4 times or more that number will sign. ...Hundreds of residents want the Beaches clean 2. We receive more complaints about unclean beaches than any other problem. 'Individual residents who have made statements at meetings of the Beach and Shores Advisory Board carry the same message in different ways. Some say enforcing clean beaches is an impossible job; this statement was from a member of the Code Enforcement Board. Another says, "If we put the job cf cleaning beaches ire the hands of residents, the beaches will never be uniformly clean." At condo meetings people ask" What is being done about cleaning our beaches? Our taxes are high why not add more and solve the problem? Individual home owners, town code board members and condo residents want clean beaches at a reasonable cost 3. In addition, an informal survey was mailed December 2006 to residents/owners/condo managers living on the three mile coast of Highland Beach. Forty-five of the 74 responded; more than 50°. Six of the 8 questions dealt with information on how many times a week their beaches are cleaned. The range was inconsistent, with some non-existent. Question 8, "Would you consider using one company to clean the entire beach under the supervision of the Town of Highland Beach? Ninety-eight percent answered, YES!. The Beach residents want uniformly clean beaches 4. Rc-altors nave voiced their displeasure, "stating that selling homeslcondos on the Highland Beach coast is getting more difficult with the added down side of unclean beaches." New owners have expressed their dissatisfaction caith having purchased an expensive residence in a town that doesn`t consider beach cleanliness of vital importance. .Realtors want clean beaches 5. Citizen volunteers report weekly how dangerous it has become digging in the sand for Turtle nests. Glass slivers, metal pipes,,s~ere co an hypodermic needles are revealed often scraping the hands of our volunteers. ~ L~J~r°' These 25 volunteers (Highland Beaches Bestj work from March- October and while they don't get paid, they deserve better working conditions. ...Turtle Volunteers want clean beaches We can get our beaches clean in two easy steps! 1. A mechanical and manual method that would clean our beaches at least ~imes a~k uniformly from a reputable beach service company. 2. Separation of debris from seaweed and then mulching seaweed to be distributed on dunes. This process would be administered by a reputable beach cleaning Service Company. To implement the above two steps we ask the commission to endorse the project. Page 1 of 1 i Kim Gray From; MarthaP [goodtekLcomcast.net] Sent: Monday, August 13, 2007 8:09 PM To: Kim Gray; Beverly Knight; 'Evie Weiss'; 'Gary Guertin'; Lucy M Iler; Ruth Samuels Subject: [SPAN] -Draft of Letter to Commission - Lucy's draft modified - Bayesian Filter detected spam Attachments: Memo to Comm -Standards Beach Clean 20070814.doc I feel that the previous version said, basically, all that needed to be said. What I did was reorganize it. Emphasize our objective at the beginning and at the end Add emphasis to the turtle program Change the presentation to itemize via bullets. Please, carefully review, so that it provides accuracy, clarity and EMPHASIS W~IERE iT IS NEEDED 8/14/2007 DRAFT FOR DISCUSSION -MEETING OF AUGUST 14, 2007 Recommended modifications are in italics To: Mayor Harold Hagelman Highland Beach Town Commissioners From: Lucy Whalen Miller, Chair Beaches and Shores Advisory Board Re: Standards for Beach Cleanliness and Maintenance The Beaches and Shores Advisory Board wishes to bring to the attention of the Town Commission a need for standardized and enforceable statute on beach cleanliness and maintenance. This communication is prompted by our observations as well as the expressed concern of the citizens of this Town regarding the cleanliness and conditions otour beach. • The members of this advisory board have received more complaints about this subject than any other: (Those complaints include petitions directed to the Commissioners.} F Show a copy a complaint whiting out resident's name/address • New owners have expressed their dissatisfaction with having purchased an expensive residence in a town that does not consider beach cleanliness of vital importance. F Show slide- messy beach • Realtors have complained to us of having Post sales as a result of the poorly maintained condition of the beach. • The preservation of the endangered sea turtles is an important Gounty and State concern that penalizes violators the scattered and buried debris on our beach constantly jeopardize the three highly endangered species that nest in Highland Beach, making us Took more fike violators than the enforcers we need to be. F Show slide of trash • The group that work protecting sea turtle nesting, put our lives in jeopardy by having to dig into sand confaining buried glass, metal and other trash. ~ Show slide of volunteer digging • Beach furniture improperly left on the beach overnight inhibit the sea turtles fmm nesting on our beaches. F Show slide of green turtle caught under chair ~x~o ., a ~.e..e~.„ „~y:.,,. +t,o ,. ~ .,. ,,aa..s~., +wo ..ooa ~ ,. JI(i11~I(LI 4ILV4 [IIiV V-LI1~JtVtiCilT1V ~ Web Mail Message Page 1 of 2 C7 • i~ ~gii'~~f~Fft)c' S Y IDv. 3e~ [3F $s Iulusback2006~earthlink.net 66% of 200 MB used. Empty Trash Increage Storage Space Check Maii ,~ !!Vrite Message News Headlines _._ . spamBlocker (HIGH) The Ocean Conservancy Org http;r;l~~:~k,cceanconsei,~iic}.t~rg organizes an annual International Coastal Cleanup (ICC) day. Their report lust reinforces the importance of what our Board is trying to achieve - a -- - - cleaner beach - -- - Highlights from the ICC report: G Folders ;_ '-~ Suspect Email [O~j i.._' ~ Kngwn Spam U IN64X 1 71 is°~= drafts joj r Sent j_7§gl Trash jpl -__1 Ambassadors-Easter r,ew -.~~3 Ambassadors.Eas.... 12 near ..~..j Beaches and Sho.., [4j r°~~:' _;:~ Company Store 12j -...~ Dell hl ~1 earthllnk invoices [~Q] rtet'i ` _._! Eduardo Gallardo. 13 ~ Gertealogy_[~ r,etAa J Lit#leton Grist Mill j1~j ~J Mary McCarty. j~ ` `.i Potpaurrigata4-,_[2_j - _~ Sea Turtles.j24j neG --_:._~ Shopirish orders j3] -;.~,"} Travel Guard in•:• U Anonymous. Email ~-~ Address Book Preferenc=s Search for Message -- \Neb Mail Help Feedback Sign Chit . Volunteers in 68 countries removed 7,000,000 pounds of debris from the ocean, rivers, lakes and waterways. . Volunteers also recorded (documented} the types of debris Major sources of debris: 0 61 % is from recreational and shoreline activities 0 29% of the trash is a result of smoking related activities o both of these sources of debris are primarily land-based. • If, as documented by the ICC, more than 80% of the ocean debris primarily originates from shoreline activities (land-based), isnY this another strong mandate to Gean our beach? We must keep our beach clean; it is our responsibility to the environment, to the planet; it is our only real legacy to our children and grandchildren. The folbwing is a cut/paste from the Ocean Conservancy website ICC Report: Debris Doesn't Disappear Without You Once again more than 80% of trash originates on land and is found in the ocean and waterways June 7, 2007 Washington, DC -Today, Ocean Conservancy is releasing its annual report on marine debris including new data from the 2006 International Coastal Cleanup. The release is one day before World Ocean Day, and is a perfect time to renew our call for increased ocean conservation. The 2006 Cleanup was the 21 st annual Cleanup conducted by Ocean Conservancy and was made possible by the 358,617 dedicated volunteers around the world in 68 countries. The volunteers not only removed 7,000,000 pounds of debris from the ocean, rivers, lakes and waterways, but they also recorded what they found. M analysis of that data is completed by Ocean Conservancy to provide the most detailed picture of marine debris currently available. It also provides insight to where the trash comes from and how it ends up in the ocean and waterways. "At a time when so many of us feel compelled to address environmental challenges that are large and complex, the International Coastal Cleanup provkles a direct, tangible way to make a difference for one of the largest problems we face trash in our ocean and waterways,° said Vikki Spruill, President and CEO of Ocean Conservancy. `The health of our ocean is a metaphor for the health of our planet and ultimately of human beings who are sustained by the environment. it is time for eadt one of us to help improve the health of our planet, and the International Coastal Cleanup provides the perfect venue " In the 2006 Cleanup, 1,074 animals were found entangled in marine debris by our volunteers including acne-year old seal that was entangled in fishing gear along Hobe Sound, Florida. r,r.,¢iered h•v Eartltl_nk.net myEartleLink myVoice ally Accaunt Support ~ it ;:~~~s Previous I Next I Back to INBdX Printable View I View All Headers I View Emaii Source Delete Reply Reply All inline text Forward Select Folder Move From: MarthaP <goodtek@comcast.net> (Add to Address Book] Flag Message I Mark Unread ft'hs is seam] To: 'L.uq Milner' <lul .nab, 'Evie Weiss' <eview~vvebtv.net>, Ruth Samuels <travelingkitchen~notmall.com>, 'Gary Guertin' <guerting~be8souat.net~, 'Beverly lcnighr <bevknight~eatthlink.neb Subject: Debris DoeSnY Disappear Without You -Some notes from ICC pate: Aug 27, 2007 11:55 AM http://webmail.pas.earthlink.net/wam/msg jsp?msgid=2978&folder=INBOX&isSeen=false... 8/27/2007 Web Mail Message Page 2 of 2 Of all the animals found entangled this year the seal was the only survivor. Dangerous debris items including discarded fishing gear, ropes, grocery and trash bags as well as small pieces of plastic are responsible for thousands of animal deaths due to entanglement or ingestion. The release of this report begins the countdown to the 22nd annual International Coastal Cleanup, which is scheduled for September 15, 2007. Ocean Conservancy's lntemational Coastal Cleanup is the largest volunteer effort to dean up our marine environment This event gives everyone a chance to practice one important form of ocean conservation. By removing trash from the ocean, we are conserving the habitat of countless wildlife. Results from the 2006 international Coastal Cleanup: • 358,617 volunteers removed more than 7,000,000 pounds of debris from 34,560 miles of coastline, spanning 68 nations. • Major sources of debris: 61 percent is from recreational and shoreline activities and 29 percent of the trash is a result of smoking related activities both of which are primarily land-based sources of debris. Top 10 Debris items Found during the 2006 International Coastal Cleanup: 1. Cigarettes/dgarette filters 1,901,519 2. Food wrappers and containers 768,115 3. CapsAids 704,085 4. Bags 691,048 5. Beverage bottles (plastic) 570,299 6. Beverage bottles (glass) 420,800 7. Cups/plates/forks/knives/spoons 353,217 8. StrawsJstirrers 349,653 9. Beverage cans 327,484 10. Cigar tips 186,258 • Since 1986, over 6.6 million volunteers have removed a cumulative total of 116,000,000 pounds of debris from the world's beaches and waterways including 211,460 miles of shoreline in 127 nations. Fuureportcanbefound: http11www.©ceanconservancy.org/stelPage$erver? pagename=press_icc_mec!'s Delete. Reply Reply All inline text Forward Select Folder Previous ~ Next ~ Back to INBOX ®2007 EaRhLink, Inc. All Rights Reserved. Members mid visitors to the EarthLink vJeb site agree to abide by our Polici=s and ?,greements EarihLink_Priyacy Policy Move web Mad version 5.18.4 • http://webmail.pas.earthlink.net/wam/msg.j sp?msgid=2978&folder=INBOX&isSeen=false... 8/27/2007 • From: RS- to be reviewed by the Beaches and Shores Advisory Board for the workshop meeting 1 he Beaches anti mores Advisory Board wishes to bring to the attention of the 1 own Commission of Highland Beach the concerns of its citizens regarding the unclean conditions of the beach. Listed below is information received by inquiry and solicitation from-our citizens to the Beaches and shores Advisory Boazci: 1."Clean our Beaches" Petitions have been circulated to Condos and private residences. l~o date there aze over signatures during months June-August. ivlany citizens will be returning to our town in October and we estimate at lease 4 times or more that number will sign......Hundreds of residents want the Beaches clean 1. W e receive more complauits about unclean beaches than any other problem. Individual residents who have made statements at meetings of the Beach and Shores Advisory Board carry the same message in different ways. Some say enforcing clean beaches is an impossible job; this statement was from a member of the Lode iJntbrcement Board. Another says, "If we put the job of cleaning beaches in the hands of residents, the beaches will never be uniformly clean." At condo meetings people ask" What is being done about cleaning our beaches` Our taxes aze high why not add more and solve the • problem? " ... Individual home owners town code board members and condo residents want clean beaches at a reasonable cost 3. In addition, an informal survey was mailed December 1UUb to residents/owners/condo managers living on the three mile coast of Highland Beach. Forty-five of the 74 responded; more than 50%. Six of the 8 questions dealt with information on how many times a week their beaches are cleaned. The range was inconsistent, with some non- existent... Question 8, "Would you consider using one company to clean the entire beach under the supervision of the Town of Highland Beach? Ninety-eight percent answered, YES+. The Beach residents want uniformly clean beaches 4. Realtors have voiced their displeasure, "stating that selling homes/condos on the highland Beach coast is getting more difficult with the added down side of unclean beaches." New owners have expressed their dissatisfaction with having purchased an expensive residence in a town that doesn't consider beach cleanliness of vital importance. ... T~ealtors want clean beaches 5. Citizen volunteers report weekly how dangerous it has become digging in the sand for Turtle nests. Glass slivers, metal pipes, slithered wood and hypodermic needles are revealed often scraping the hands of our volunteers. These 25 volunteers (Highland Beaches Best) work from March- October and while they don't get paid, they deserve better working conditions. .....Turtle Volunteers want clean beaches • We can get our beaches clean in two easy steps! 1. A mechanical and manual method that would clean our beaches at least four times a week unitormiy tiom a reputabie reach service company. 2. Separation of debris from seaweed and then mulching seaweed to be distributed on dunes. This process would be administered by a reputable beach cleaning Service Company. To implement the above two steps we ask the commission to endorse the project. • • July 10, 2007 ~~~ ~~ ~~„gin ~, ! ~.~ ~~ ~ 4, J(,l ~ ~ fi `' v7C~ ```~-~. To: Mayor Harold Hagelman Town of Highland Beach Commissioners From: Lucy Miller, Chair Beaches and Shores Advisory Board 12e: Selected Candidate for Beaches and Shores Advisory Board The Beaches and Shores Advisory Board was delighted to receive applications from four {4) well-qualified applicants for the vacancy on the Board due to the untimely death of James Wanat. Each of the candidates demonstrated their unique talent which could enrich the Board. After deliberating the difficult choice, the Board selected the following candidate as their first choice to be added to the Board Beverly Knight Additional candidates, whom the Board requested remain in the talent bank for the Beaches and Shares were selected in the following order: David Spodak FZachael Scala-Pistone Judi Asselta During their interview, each of the candidates expressed a willingness to be considered for any fixture vacancies and it is the hope of the Board that they remain in the talent bank for that purpose. r To: Mayor Harold Hagelman Highland Beach Town Commissioners From: Lucy Whalen Miller, Chair Beaches and Shores Advisory Board Re: Standards for Beach Cleanliness and Maintenance The Beaches and Shores Advisory Board wishes to bring to the attention of the Town Commission the concern of the citizens of the Town regarding the cleanliness and conditions of the beach. ~` ~. ~ ,- We are hereby asking the commissioners to address the need for a standardized and enforceable statute requiring that owners on the beach be • responsible for gathering and removing trash from their property no less than three times per week. Those areas which are presently being cleaned on that regular basis are considerably more attractive and safer for people who walk the beach (or observe it from their windows). The members of the Beaches and Shores Advisory Board have received more complaints (including petitions directed to the Commissioners) about this subject than any other. New owners have expressed their dissatisfaction with having purchased an expensive residence in a town that does not consider beach cleanliness of vital importance. Realtors have complained to us of having lost sales as a result of the poorly maintained condition of the beach. Those of us protecting the endangered Sea Turtle community put • our lives in ' eo ardy by digging into sand containing buried glass, metal and J P other trash. We feel that it should be equally important as a town function to require that all beachfront residences be free of such trash and that no one be allowed to bury trash which endangers the sea turtles or their human helpers which is presently occurring. An informal survey of beachfront properties conducted by the Beaches and Shores Advisory Board in January 2007 showed that beach clean-up methods, and frequency of cleaning, are at best inconsistent and at worst • non-existent. Our investigation into the possibility of enforcement of a beach cleanliness code was disappointing. The only code which appears to address the problem is a public nuisance ordinance. We therefore request that a specific ordinance be written to set a standard requiring all beachfront properties be cleaned at least three times per week either by a professional beach cleaner or the owners themselves. In the event that any owner is reluctant to abide by this ordinance, that the town hire one of the professional cleaning companies to attend to the problem and bill the owner for these services. This particular method of enforcement is used for properties facing South Ocean Boulevard and has resulted in a visually beautiful community that is commented upon frequently by our • nei hors. Shouldn't we maintain the same standards for our beaches? The Beaches and Shores Advisory Board will be happy to draft such an ordinance for your approval, but first and foremost we are seeking your agreement to set such standards for beach maintenance. l.napter J tihfl:Hi/J ANll til)A i ~'~ ~~/'~'~~~ -/-/~~ Yage i of 3 • Chapter 5 BEACHES AND BOATS* *Cross references: Buildings and structures, Ch. 6; land clearance, Ch. 13; licenses and license taxes, Ch. 15; nuisances, Ch. 17; planning and development, Ch. 20; zoning, Ch. 30; coastal construction, § 6-76 et seq.; natural vegetative cover on beach dunes, § 28-37. State law references: Tidal lands and bulkheads, F.S. § 253.12 et seq.; deposit of material in tidewater or on wharf or quay, F.S. §§ 309.01, 309.02; financial assistance for local governments in acquiring beach property, F.S. § 375.065; coastal management, F.S. § 380.20 et seq.; public swimming and bathing facilities, F.S. Ch. 514. Sec. 5-1. Parkin oq f boats. Sec. 5-4. Rules, regulations for use of beaches, Sec. 5-5. Removal of sand, earth from beach.. Sec. 5-6. Unlawful deposit of olass crockery, etc. Sec. 55=7. Living_aboard boats. Sec. 5-8. Anchorin~c of watercrafit in the navi able waters of the town' re istration of watercraft. Sec. 5-9. Littering: Sec. 5-10. Beach rakers.. Sec. 5-1. Parking of boats. No boat shah be parked upon land visible from any public road within the town unless sheltered • from view or placed in an enclosed garage, except for the express purpose of loading and unloading such boat. (Code 1972, § 6-1; Ord. No. 688, § 5, 1-2-01) Cross references: Motor vehicles and traffic, Ch. 16. State law references: Municipal regulation of vessels, F.S. §§ 327.22, 327.60. Secs. 5-2, 5-3. Reserved. Editor's note: Ord. No. 688, § 6, adopted Jan. 2, 2001, amended the Code by deleting former §§ 5-2 and 5-3, which prohibited the operation of public bathing beaches and set forth penalties therefor, and which derived from Code 1972, §§ 6-2 and 6-3. Sec. 5-4. Rules, regulations for use of beaches. (a) All persons using the beaches within the town shall comply with and abide by the following rules and regulations: (1) No person shall dress or undress on the beach except in taking off or putting on dressing robes and shoes. (2) No person shall dress or act indecently or be attired in indecent apparel. (3) No person shall use loud, boisterous or profane language. • (4) No person shall place or deposit on the beach any loose paper or other trash or refuse, but shall deposit same in receptacles. t,++„.in;t.........~ ,...,,,.,.,,,,a,. ,.,..,-.i.,,,.,.m.,,.v;,,,.,ii nni ~i1 i^~~ U7 (11'l!1(1'7 l;hapter 5 li~AC:Ht/5 ANll li()A 15'~ Page 2 of 3 (5) No motor vehicle shall be driven upon the beaches without the previous written consent of the town commission, • (b) The violation of any of these rules and regulations shall constitute an offense against this Code. (Code 1972, § 6-4) State law references: Municipal regulation of the landing of seaplanes, F.S. § 330.36; exposure of sexual organs, F.S. § 800.03; operation of aircraft in careless or reckless manner, F.S. § 860.13. Sec. 5-5. Removal of sand, earth #rom beach. It shall be unlawful for any person to take or remove from the ocean beach within the limits of the town any sand or earth. (Code 1972, § 6-5) State law references: Coastal construction and excavation, F.S. § 161.053. Sec. 5-6. Unlawful deposit of glass, crockery, etc. It shall be unlawful for any person to throw, cast, lay or deposit a glass bottle or piece of crockery or any glass or glassware, or any part thereof, on any beach, whether the ocean beach or Inland Waterways Canal, or other part of the waterfront. (Code 1972, § 6-6) • State law references: Littering, F.S. § 403.413. Sec. 5-7. Living aboard boats. No person shall live aboard a boat within the corporate limits of the town. This prohibition shall apply whether the boat is located in any waterways or canals or upon land within the corporate limits of the town. (Code 1972, § 6-7) Cross references: Parking, storage or use of major recreational equipment, Ch. 30, § 5.12. Sec. 5-8. Anchoring of watercraft in the navigable waters of the town; registration of watercraft. (a) No person may anchor any watercraft in the navigable waters within the corporate limits of the Town of Highland Beach, with the exception of watercraft fastened to shore based docks. (b) Violations of this section shall be subject to enforcement by the code enforcement board of the town. (Ord. No. 621, §§ 1--3, 2-4-92; Ord. No. 688, § 6, 1-2-01) Sec. 5-9. Littering. (a) Definitions. The following words, terms and phrases, when used in this section, shall have ~nap[er ~ rsr,A~;ri~a AN1l tiVAl~~ Page 3 of 3 the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: • Beaches means that area abutting the Atlantic Ocean consisting of predominantly sand, whether below or above the mean high water mark. (b) Prohibited. No person shall leave or deposit any trash, refuse or debris on any beach. Any such trash, refuse or debris shall be placed, when available, in a container clearly marked by the town for such purpose. If there is no receptacle, or if the receptacle is full, all trash or refuse must be removed from the beach. (c) Private beaches. In regard to that portion of the beach determined to be private property, no person shall place or deposit on any such beach any trash, refuse or debris. Further, the owner of the private property shall not allow trash, refuse or debris to remain on his property for a period of time greater than seven (7) days after notification by the town. Any such trash, refuse or debris located upon private beachfront property shall be properly disposed of in a manner otherwise provided by the codes and regulations ofthe town. (d) Violation. Any private property owner found to be in violation of this section shall be subject to the jurisdiction of the town's code enforcement ordinance, and subject to penalties prescribed by the code enforcement board for each day a violation is determined to exist. (Ord. No. 693, 8-7-01) Sec. 5-10. Beach rakers. All beach rakers are to place identification and phone numbers on their tractors. All beach rakers are to be registered with the town. • (Ord. No. 708, 7-6-04) Editor's note: Ord. No. 708, adopted July 6, 2004, enacted provisions designated as § 5-9. Inasmuch as there already exists such a section said provisions have been redesignated as § 5-10 to avoid duplication of numbers. • http://library l .municode.com/mce/DocView/10919/ 1 /26 5/10/2007 ~napter i r Nui~AN~~~~^ • Chapter 17 NUISANCES* Page 1 of 2 *Cross references: Fire prevention and protection, Ch. 9; health, Ch. 11; housing, Ch. 12; land clearance, Ch. 13; offenses and miscellaneous provisions, Ch. 18; solid waste, Ch. 24; trees, shrubs and vegetation, Ch. 28; junked motor vehicles, § 16-51 et seq.; lethal yellowing disease, § 28-81 et seq. State law references: Public nuisances, F.S. ch. 823; sanitary nusiances, F.S. § 386.01 et seq.; nuisance abatement, F.S. §§ 60.05, 60.06. Sec. 17-1. Short title. Sec. 17-2. Definitions-. Sec1773, Generally; declared unlawful- Sec. 17-4. Nuisances on private~roperty_ Sec. 17-5. Enforceme_n_t. Sec. 17-6. Penalties. Sec. 17-1. Short title. This chapter shall be known as the nuisance ordinance. (Code 1972, § 17-1) • Sec. 17-2. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Nuisance means any condition or use of premises or of building exteriors which is detrimental to the property of others or which causes or tends to cause substantial diminution in the value of other property in the neighborhood in which such premises are located. This includes, but is not limited to, the keeping, the maintaining or the depositing on, or the scattering over the premises, of any of the following: (1) Lumber, junk, trash or debris; (2) Abandoned, discarded, unused or stored objects or equipment, whether operative or inoperative, such as automobiles, boats, trailers, furniture, stoves, refrigerators, freezers, cans or containers or the like. This definition does not limit the meaning of nuisance in section 17-3. Property means any real property within the town which is not a street or highway. (Code 1972, § 17-3) Sec. 17-3. Generally; declared unlawful. • It shall be unlawful for any person to erect, keep, maintain or permit on his property, or any property or in any place in or under his possession or control, any nuisance of any kind, nature or description, which tends to annoy the community or any portion thereof, or which nuisance tends to http://library l .municode.com/mcc/DocView/ 10919/1 /60 5/ 10/200? chapter 1 "! NUIBANC;1/~* Page 2 of 2 . injure the health, morals or peace of the citizens of the town. (Code 1972, § 17-2) State law references: Nuisances, penalty, F.S. § 823.01. Sec. 17-4. Nuisances on private property. No person owning, leasing, occupying or having charge of any premises shall maintain or keep any nuisance thereon, nor shall. any such person cause diminution in the value of the other property in the neighborhood in which such premises are located. (Code 1972, § 17-3) Sec. 17-5. Enforcement. Enforcement of this chapter may be accomplished by the town in any manner authorized by law. In addition, any person who by reason of another's violation of any prevision of this chapter suffers special damage to himself different from that suffered by other property owners throughout the town generally, may bring an action to enjoin or otherwise abate an existing violation. (Code 1972, § 17-4) Charter references: Authority of town to make rules and regulations to prevent and remove nuisances, § 2.01(6). State law references: Injunction to abate nuisances, F.S. § 60.05; sanitary and health nuisances, • F.S. § 386.01 et seq.; public nuisances, F.S. ch. 823. Sec. 17-6. Penalties. Any person who violates a provision of this chapter shall be cited with a notice by the police department. Each day in which any violation occurs or continues shall be deemed a separate and distinct offense. Violations of this chapter shall be punished as provided in Chapter 1 of this Code. (Code 1972, § 17-5) http:Ulibrary l .municode.comlmcc/DocView/ 10919! 1 /60 5! 10/2007 • 'r~';http:f/ewww.flsenate.govlStatutes>index.c`m?App_mode=Displa}~_Statute&SearcE?_String=&URL=Ch0162~ -,°~~~ f Yah~;oiSearch. Y . __ _ _ . ~ - ' i ~ ' Page ~ :_ Too{s ~ ' _ ~ ~ Statutes & Constitution :View St... , - ___ <_::~ Norton' ~- - ~ ~ g~ ~Q,I+tPi~~~~,hn~Ft.~~t . _ ~ ~ Up~ons .i ' y :L~~r ~it:2 .~~ C!-;aster ~i~!~ ~`€`iP ' "'- COUNTY ORGANIZATION COUNTY OR Er~t~re ' AND INTERGOVERNMENTAL MUNICIPAL CODE C_r.a~ter `' ~ RELATIONS ENFORCEMENT F ~'LC~t ~~ ~`` ~ 162.22 Designation of enforcement methods and penalties for ;,r,;. _ violation of municipal ordinances.--The governing body of a t municipality may designate the enforcement methods and `' "'"' ~ penalties to be imposed for the violation of ordinances adopted ~~~`h ~- by the municipality. These enforcement methods may include, ~~ , - but are not limited to, the issuance of a citation, a summons, or __ ~.~ J °: ~ a notice to appear in county court or arrest for violation of oo., , '~ . municipal ordinances as provided for in chapter 901. Unless , -- . otherwise specifically authorized and provided for by law, a '`~"h ~ person convicted of violating a municipal ordinance may be ~~;r ~r~~;;f sentenced to pay a fine, not to exceed $500, and may be ,: sentenced to a definite term of imprisonment, not to exceed 60 ` ~' ' days, in a municipal detention facility or other facility as `` '~ authorized by taw. r W~.~ ~ ~ ,v ~ - ~~~ ~~ ~ History.--s. 1, ch. 94-255, ~= ,, ~ -^.~ ,F ~' Internet f Protected Mode: On ''~ 100% -, ~ ~~~~ • } ' • Ch01b2/ - ~ -~ ~ , Y"chop' ~~arrh p ~p~ ~ Statutes & ~onsfitution :View St... ~a - ~ _; ~' "_' Page ~ ~;f Tools ~ NOY~41Y" ~ - - _ ~~;P' i, d ,P„@bg,~,~1~F~^!_>isa -~ ~~. v - Options ~_ 's , make further repairs or to maintain the property and does not ~ -~'` "~ ~~ ~ o ~- '~ ~ `-~ create any liability against the local governing body for any r-< `, ~ ' damages to the property if such repairs were completed in good :; . x ,~ :~ ; faith. If a finding of a violation or a repeat violation has been ,~ ~ _~ made as provided in this part, a hearing shall not be necessary „ , ~<` ~~ for issuance of the order imposing the fine. If, after due notice _ ' ~ `" and hearing, a code enforcement board finds a violation to be `~` " s ? irreparable or irreversible in nature, it may order the violator to + ', ~ ' ` pay a fine as specified in paragraph (2)(a). - } ' ~ '~" ' } ' _~'`.' (2}(a} A fine imposed pursuant to this section shalt not exceed `'`~ y;° $250 per day for a first violation and shat! not exceed $500 per ", ~~ - i lt dditi l d t f i l ti d i d on, may nc u e a cos s ~" ay or a repeat v a on, an , n a ~, .- o " r ~ °~ ection (1 } However if a code i nt to ub f e x 1 . , r pa rs pursua s s o r enforcement board finds the violation to be irreparable or '~''`' x' ? ~," ; irreversible in nature, it may impose a fine not to exceed $5,000 '` `` ~`"' per violation. A. N `~< Ib) in determining the amount of the fine, if any, the ;`: ~ ~ ~ ~"= ` enforcement board shall consider the following factors: - ': ,- *~ '.,E. rz` ~t,7~ ~ ~~a;., r yE ~ '` ~ " = 1. The gravity of the violation; ~ V .~ µ~ '~`~x~'~°~ ~ 2. Any actions taken by the violator to correct the violation; and ti ~ ~~ 3. Any previous violations committed by the violator. '~' °~ ,~,~ ' '~ ~ °'' "$ (c} An enforcement board may reduce a fine imposed pursuant tok'"; s~ ~ ~~'' `" ~` ~ T =~~ '~~` r )o+~e ~;~~ Internet j Protected Mode: On `'1009'0 - --- _ _ _ ,_ ._ _ _ ~~_ .- - - - Thursday, May 10, 2007 09:44 PM