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= MINUTES OF THE
�,�•.,•. ••.•# BEACHES & SHORES ADVISORY BOARD
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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
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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
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Elys Ri ember
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Rosalie DeMartino
Admin Assistant