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2014.01.14_BSAB_Minutes_Special •'�16Nt�h o `�.•• ''•�o�'� TOWN OF HIGHLAND BEACH i ft = MINUTES OF THE �,�•.,•. ••.•# BEACHES & SHORES ADVISORY BOARD . 0 - SPECIAL MEETING Tuesday, January 14, 2014 9:30 AM Members Present: Chair Rosalind Svenstrup; Vice Chair Ira Oaklander; Member Linda Albertson; Member Jim Jiovanazzo; Member Elyse Riesa; Member Elizabeth Andrews and Member Rhoda Zelniker. Also Attending: Mayor Bernard Featherman, Town Manager Kathleen Weiser, Vice Mayor Brown; Commissioner Sheridan, Commissioner Stem, Administrative Assistant Rosalie DeMartino and members of the public. 1. CALL TO ORDER: Chair SvenstnM called the Regular Meeting to order at 9:30 AM. Roll call was taken by Rosalie DeMartino, Administrative Assistant, followed by the Pledge of Allegiance. 2. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA: Chair Svenstrup called for additions, deletions or acceptance of agenda. By consensus the Board accepted the agenda as presented. 3. PUBLIC COMMENTS AND REQUESTS: There were no public comments or requests. 4. PRESENTATIONS There were no presentations. 5. APPROVAL OF MINUTES: • December 12, 2013 - Special Meeting MOTION: Member Albertson moved to approve the December 13, 2013 Special Meeting Minutes; seconded by Member Jiovanazzo Motion passed with all in favor. 6. OLD BUSINESS A) Dr. Rusenko's attendance at the March 18, 2014 Regular Meeting for a presentation on Gumbo Limbo Nature Center and the Sea Turtles. Beaches & Shores Advisory Board January 14, 2014 Page 2 of 5 Chair Svenstrup confirmed Dr. Rusenko's attendance at the March 18 Regular Meeting at 9:30 a.m. Flyers will be prepared and given to each Board member to distribute to the various Condominiums. Coffee and muffins or cookies will be served at that time. All residents are welcome to attend. 7. NEW BUSINESS A) Member Riesa's report on meeting with Town Manager and Staff. Member Riesa thanked the staff and especially Beverly Brown for having this meeting, and felt they were moving forward in getting some of the things done that members of the Advisory Board feel need to happen to keep our beaches clean and safe. The following were some of the issues discussed at that meeting: They talked about the dog beach and the safety of the dog beach in Boca Raton. Chief Hartmann will be monitoring this to make sure there are no problems with dogs running wild. Member Reisa stated that Chief Hartmann told her that each time the police checked the beach, everything seemed to be okay. At the meeting, Town Clerk Brown and Chief Hartmann indicated that if problems did arise, they would report back to the Town of Boca Raton. The next topic was the concern regarding the litter on the beach. The Town Ordinances basically say that if you live on the beach, own on the beach, it is a private beach and you are responsible for cleaning it. Code Enforcement was going to get letters out to all residents who have property on the beach letting them know, as a reminder, what the ordinances are. Member Riesa also asked if the Town employees who pick up the trash along the beach could watch for any trash on the owner's property, and report it to the police to give out citations as necessary. The Code Enforcement was looking into what type of citations could be given, the amount and how we could properly enforce it. The beach rakers were also a matter of concern; especially regarding the seaweed which they bury. There is debris in the seaweed and eventually it comes back to surface. Is what they are doing according to State Law and not Highland Beach Law? Chief Hartmann — It was a good meeting and a productive one. Regarding the dog park on the beach, it is specific hours on Friday, Saturday and Sunday. They need a permit and we were told that the Park Rangers are checking them as people come and go. They are not there full time; but are checking the entrances and doing visual inspections from the roadways. We met with them and the lifeguards who have indicated there have been no issues with the dogs. There is a buffer between Boca and Highland Beach (Sea Ranch and Admiral's Walk) and they have a sign that states "Private Property/No Pets Allowed ". We have not seen any dogs encroach that border. The permits are $165.00 per dog and should eliminate some people from trying to sneak on the beach. There is a dedicated space where they are allowed and there should be no reason for them to wander from there. We will keep a check on this and keep in touch with their Park Rangers. If there are certain issues that we see, Beaches & Shores Advisory Board January 14, 2014 Page 3 of 5 we will bring it to the attention of the city staff in Boca. Member Riesa - The Chief is working very hard in making every effort to utilize his existing resources to make sure they are watching the litter and the dog beach. It is a wonderful and appreciative thing. Chief Hartmann — We don't spend a huge amount of time on the beach and are very fortunate that we don't have to; we don't have crime and we don't have issues. What we talked about is there are people out there; you, our turtle volunteers or just our residents that walk. The message that we try to get out is, if you see something; call us. That has more of an impact than anything else. When we get those calls we go to the beach and find the problem. Vice Chair Oaklander — Is there anyway we can put an article in the Highlander regarding keeping the beaches clean and making sure your dogs are on a leash? Chief Hartmann — There will be something in the next issue of the Highlander. Member Jiovanazzo — Who is responsible for cleaning the 10 foot zone from the mound on the beach? Member Riesa — Private property is east of the mean high tide. Anything else is considered the right of way and everyone should make an effort to clean it. Chair Svenstrun — The only two beach rakers allowed in Highland Beach are Universal Beach Cleaning and The Beach Raker. I spoke with both and they are cleaning a good deal of the beach. They said if we see a problem, let them know which area and the next time they would concentrate on this particular area or come back if necessary. They have permits to cover the seaweed and explained how they clean the beach. During turtle season, they cannot go above the mean high tide line at all. Chair Svenstrup had a picture, which she passed around, that was sent to her from one of the beach rakers showing the debris that was picked up in just one day. She also mentioned that the fee is not that much; about $100 per month. Member Riesa — I think it would be helpful if the Town could meet with the beach rakers to set up some guidelines. Find out their responsibility and what locations they are responsible for. Chair SvengnM asked what constitutes a violation where a fine or a warning would be issued. Building Official Desorcy — To answer your questions regarding the debris; 99.9% of it comes in from the ocean. The beach is State property and then there is private property. If the debris ends up on private property, then it is the responsibility of the homeowner to remove it. The Ordinance states that the homeowner would have seven days to clean it up. If it is not cleaned after seven days, Code Enforcement would then write a notice of code violation. They will be given a third chance to clean it up within thirty days. If at that time it is not, a notice of hearing would be issued where the property owner would have to appear before the Code Enforcement Board. At that time, the Code Enforcement Board would determine the severity of the violation and the applicable fines. The Code Enforcement Officer cannot issue citations or tickets. I have a permit from the State for the Beach Raker issued by the DEP. There are conditions and guidelines; not laws. The rakers cannot go within ten feet of the vegetation that holds the dunes together or within ten feet of the turtle nests. It also mentions the seaweed, which is an important food source for birds, animals, crabs, etc. They are allowed to bury the seaweed. The rakers are responsible for removing any debris from the beach. Code Enforcer Carol Holland Beaches & Shores Advisory Board January 14, 2014 Paae 4 of 5 toured the beach this morning, took some photos, and indicated that there was minimal debris on the beach. If there is an issue with the beach rakers, the DEP is the regulatory agency governing them, and they are the ones that need to be contacted. The beach rakers have to register with the Town; but do not work for the Town. They work for the individual homeowners and the condo associations. It is not the town's responsibility to tell them what to do. Vice Chair Oaklander — In Town Ordinance 5.9, is there any way you can define the parameters of what you expect a homeowner or condo association to do. Building Official Desorcv — There are no specifics in the Code about what encompasses the amount of debris, etc. Member Riesa — I thought it was discussed at the meeting that the Town would send a letter to all homeowners who lived on the beach letting them know what the ordinances are, even if we can't define it. At least they would be put on notice. Town Manager Weiser — You would need to take a vote as a Board to recommend to the Commission that they do that. It would be a policy decision of the Commission to send letters out. If you want to change the ordinance and make it clearer, I would suggest you come up with some proposed language that you would recommend to the Commission that they take a look at. Member Jiovanazzo — I think it is vital that it be made clear that the seaweed is not to be removed since it is the life support system to the marine life that exists on our beach. Member Andrews also suggested that the homeowners be aware that the fee for the beach rakers is minimal. Member Albertson thought it might be more cost effective if a notice went out in the Highlander, along with the ordinances, to remind people to keep their beaches clean. Vice Chair Oaklander feels a letter should be sent to the homeowners and condos on the beach and that it would not be very costly. The Board members agreed a recommendation should be sent to the Town Commission that a letter be sent. MOTION: Member Riesa moved to recommend to the Town Commission that a letter be sent to all beach homeowners and Condo Association Management Companies on the beach, that they keep their property clean, including a copy of the Ordinances. Motion was seconded by Vice Chair Oaklander Roll Call: Member Riesa Yes Vice Chair Oaklander Yes Member Zelniker Yes Member Jiovanazzo Yes Member Andrews Yes Member Albertson Yes Chair Svenstrup Yes Motion passes 7 to 0. Beaches & Shores Advisory Board January 14, 2014 Page 5 of 5 Vice Chair Oaklander asked that a copy of the ordinances related to the Beaches and Shores be given to each Board member. Chair Svenstrun agreed and would put it on the agenda to be discussed at the June I O Regular meeting. Member Riesa stated that this meeting was specifically scheduled for the beach cleaning and dog issue. She asked if there could be a meeting with the Town staff and Vice Chair Oaklander regarding the concerns on the Intracoastal Waterway that was discussed at the last meeting. Chair Svenstrun stated that this could be brought up at a later date; but not at this time, since the Town has discussed this issue many times before with no results. 8. ADJOURNMENT: Chair Sven" called for a motion to adjourn at 10:30 a.m. MOTION: Member Jiovanazzo moved to adjourn the meeting at 10:30 a.m. Member Andrews seconded the motion. Motion passed with all in favor. APPROVED: Rosalind Svenstr6p, Chair I ander, %eChair Lii0a Albertson, Member E i Beth Andrews, Member 4oZqelt r, a er es Jiovan o ember Elys Ri ember AT Yl Rosalie DeMartino Admin Assistant