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2019.02.21_NRPB_Minutes_RegularG' TOWN OF HIGHLAND BEACH NATURAL RESOURCES PRESERVATION ADVISORY BOARD REGULAR MEETING MINUTES Town Hall / Commission Chambers Date: February 21, 2019 3614 South Ocean Boulevard Time: 9:30 AM Highland Beach, Florida 1. CALL TO ORDER: Vice Chairperson Tertan called the Natural Resources Preservation Meeting to order at 9:30 AM. Roll call was taken followed by the Pledge of Allegiance. PRESENT UPON ROLL CALL: Member Katharina Braun Member Jack Halpern Member Diane Matthewman Vice Chairperson Dario Tertan Town Attorney Len Rubin ABSENT: Chairperson Niev&ita Maraj 2. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA: Vice Chairperson Tertan added "Proposal on Beach Cleanup" to Item 7A under New Business. Member Braun added "Discussion on Comprehensive Plan regarding invasive species" as Item 7B under New Business. Member Halpern added "Discussion on Ocean Walk and More Project" as Item 7C under New Business. MOTION: Member Halpern moved to accept the agenda as amended. Member Braun seconded the motion, which passed unanimously. Natural Resources Preservation Advisory Board Regular Minutes Thursday, February 21, 2019 Pale 2 of 9 3. PUBLIC COMMENTS AND REQUESTS: None. 4. PRESENTATIONS: A. Sunshine Law and Public Records B. Role of the Advisory Board By: Len Rubin, Town Attorney Town Attorney Rubin distributed a handout to the members regarding the Sunshine Law and Public Records and the Role of the Advisory Board. He explained that the Sunshine Law is unique to Florida and the purpose of it is to have public access to governmental proceedings at all State and local levels. He addressed the following topics: SUNSHINE LAW: o When does the Sunshine Law Apply? o What are the basic requirements of the Sunshine Law? • All Meetings Must be Open to the Public. • Public Must be Given Reasonable Notice of Such Meetings. • Minutes of the Meeting Must be Taken. o What are the practical applications of the Sunshine Law to members of municipal boards? • All Conversations Regarding Board Business Must Occur during the Course of a Public Meeting. o What are the consequences for a violation of the Sunshine Law? • Criminal Penalties; Civil Penalties; Attorney's Fees; Effect on board action; Civil action for declaratory or injunctive relief. PUBLIC RECORDS LAW: o What are public records? o How does this apply to communications by members of the Natural Resource Board? • Notes and Draft Documents • Mail • Electronic Mail and Text Messages • Attorney -Client Communications • Contact Information ROLE OF THE BOARD: o Purpose o Powers and Duties o Advisory capacity Natural Resources Preservation Advisory Board Regular Minutes Thursday, February 21, 2019 Page 3 of 9 Member Braun asked for an example of violating the Sunshine Law. Town Attorney explained that part of the problem with the Sunshine Law is appearances. If three of the members are meeting somewhere socially, somebody could perceive that you are talking about board business. Vice Chairperson Tertan explained that the advisory boards do not make any decisions. They just make recommendations and cannot have any discussions outside of the public meetings. Town Attorney Rubin explained that the Attorney General has made it very clear that the Sunshine Law applies to the advisory boards that provide recommendations as well. Member Halpern asked if a board member could send an email to the Administrative Assistant attaching material, stating their position and ask her to send it to the entire board. Town Attorney Rubin replied this can be done. As long as the communication is only one way, it does not violate the Sunshine Law. 5. APPROVAL OF MINUTES: A. January 24, 2019, Regular Meeting. Member Halpern requested on Page 5, last paragraph added "Member Halpern informed Commissioner Donaldson that his comments were totally inappropriate. He should not have been trashing a fellow Commissioner here at this meeting." MOTION: Member Halpern moved to approve the minutes of January 24, 2019, Regular Meeting as amended. Vice Chairperson Tertan seconded the motion, which passed unanimously. 6. OLD BUSINESS: A. UPDATE ON BEACH RAKING AND BEACH ACCESS Town Manager Labadie provided comments regarding the Beach Raking Ordinance that was presented at the February 5, 2019 Town Commission Regular Meeting. There was a presentation by the two beach raking companies that service Highland Beach; Universal Beach Services and Beach Rakers, Inc. advising the Commission what it is that they can and cannot do on our beaches. There was a discussion from Barbara James, Turtle Permit Holder based on her input on the turtle nesting season and things we need to be cautious about. The Commission voted to postpone their discussion on this ordinance while staff moves forward trying to address certain items. One issue is whether or not we are going to allow the seaweed to be buried in the wet sand. That is driven by the input that has been given to us from the beach raking companies. The way the ordinance is structured as is, all that material would have to be removed off of the beach. Legally we have the right to say that in our ordinance but there is much concern on how that is going to affect the cost of operations for all of our residents to do that. The beach raking companies indicated that to do that it would be a monumental task and would drive the cost up considerably. We are having some professionals look over the ordinance. Mr. Jones.of Beach Rakers, Inc. is coming up with some creative solutions that might get to many of our concerns on how can Natural Resources Preservation Advisory Board Regular Minutes Thursday, February 21, 2019 Pal4e 4 of 9 we do our best to limit some of the impacts we see from the tire ruts and the trash. Hopefully our ordinance can match what is technically feasible on the beach. The beach raking companies are willing to work with us for the start time. Town Manager Labadie provided comments regarding the need to have beach access in order for the beach raking companies to get some of their equipment on and off the beach. We will be revisiting this ordinance at the end of March. If we wish to make sure these companies are following the DEP rules, we will need to have access. The burial in the wet sand is something we need to take a closer look at as an acceptable alternative to removal. If this board wishes to post an advisory opinion or a recommendation to the Commission, this would be a great opportunity and then I would take it to the Commission when we resume that conversation. Member Braun was present at the Commission meeting during the presentation by the Beach Raking companies. She lives on the beach and walks the beach every day and has never seen them pick up any plastic. They bury everything including the plastic in the sand. The equipment that was shown at their presentation is rarely seen on the beach. There is some confusion as to what is proposed and what they actually do. Town Manager Labadie agreed that there is some confusion as to what is technically feasible and what they can do. Both companies claim they hand pick the material. Member Braun explained that they hand pick the big pieces. Member Matthewman agreed that the beach rakers are not cleaning the beach. She suggested having people come to the beach and pick up the trash and plastic. Chaip2erson Tetran referred to his proposal and suggested the Town hire a fulltime employee to pick up garbage from the beach. He mentioned that two residents of his condominium walked the beach and returned with two bags full of debris and placed the picture on Facebook. This is not good for the Town image. Member Halpern mentioned that the south side of the beach has very little debris as opposed to the north side of the beach. Part of the problem could be that the debris is coming from Delray. He asked the status of obtaining beach access points. Town Manager Labadie explained that they are no further along than they were three months ago. We reached out to a property owner recently and they were not interested. Getting access for public safety should not be a problem. Getting a tractor on the beach and having workmen next to your house early in the morning becomes the challenge. We need beach access because we cannot get equipment on the beach if we want to do any type of beach nourishment or a homeowner wants to build a seawall. Beach access should be a long-term objective of this Town. Member Matthewman lives on Bel Air Drive and their access to the beach is a deeded access to the southside of Bel Air Drive. She suggested asking them if they would be willing to give beach access for the police to patrol the beach. Member Halpern asked if the Town Manager or Vice Mayor contacted Boca Raton or Delray Beach to ask permission or to discuss running trucks with wet seaweed through their beaches onto our beach. Town Manager Labadie replied that he has not had any Natural Resources Preservation Advisory Board Regular Minutes Thursday, February 21, 2019 Page 5 of 9 discussions with Boca Raton or Delray Beach. Member Halpern asked if we have no beach access in Highland Beach and we have no definitive access through Boca Raton or Delray Beach to take trucks with wet seaweed off the beach, why is this in the ordinance about taking wet seaweed off the beach. This should never have been added and needs to be removed immediately. Town Manager Labadie explained the provisions that are in our ordinance are taken directly from the DEP (Department of Transportation) permit. The DEP says you have to take it off unless you get a special permit to bury it. Member Halpern mentioned Gumbo Limbo Nature Center and asked why the Town has not talked with them. They know turtles better than any of the Professors at FAU or FIU. They know the beaches and deal with the seaweed clean up. Town Manager Labadie replied that they have reached out to FIU and Gumbo Limbo. Those are activities that are currently ongoing and the reason why we asked for more time since they are all very busy. Member Halpern suggested asking Barbara James, Turtle Permit Holder to facilitate the contact with Dr. Rusenko at Gumbo Limbo. Vice Chairperson Tertan discussed the tremendous amount of seaweed on the beach this year compared to the previous years and the fact that it should not be allowed to get to that point. It causes a problem and it needs to be removed on a daily basis. Member Halpern asked Town Attorney Rubin if ordinances can be passed that are impossible to do. Town Attorney Rubin replied you can but enforceability is a different issue. He explained that this ordinance came directly from the DEP regulations. Town Manager Labadie explained that the DEP has granted exceptions to the beach rakers because of the volumes to bury in the wet sand but we are not allowing that. Member Halpern asked why the Town does not go directly to the DEP for an exception since we have no access. Town Manager Labadie explained that it may not be possible to obtain a permit since we are not the agency doing the work. If the DEP gives the companies that exception, they are automatically granted here at the Town. If we put that in the ordinance, so long as it is approved by the DEP, then we are in a good spot. Member Matthewman referred to the ordinance regarding persons wishing to hand beach clean/hand-rake the beach must obtain a permit from the Town. She questioned who would enforce this rule. Town Manager Labadie explained that the permit would grant the Code Enforcement Officer permission. to trespass on someone's property to see what is happening in their backyard and checking the beach. Member Matthewman questioned why there is no enforcement regarding the vegetation on the sand dunes; specifically, at the south end of the Town. It was the consensus of the board members to place Vice Chairperson Tertan's proposal for Beach Conservation and Clean Up on the next agenda for discussion. Member Matthewman asked how the Town should proceed during the turtle season regarding the beach raking and whether or not the trucks should be on the beach. Barbara James explained that she is okay with it and that the rakers do more good than harm. She mentioned the increase in turtle nesting in Highland Beach which is due to Natural Resources Preservation Advisory Board Regular Minutes Thursday, February 21, 2019 Page 6 of 9 stricter regulations by the DEP and the Florida Fish and Wildlife Commission. They can only rake down two inches and five feet away from the marked turtle nests. B. DISCUSSION ON EARTH DAY PROJECT FOR THE SPRING FLING EVENT. Administrative Assistant DeMartino asked the board members for ideas that they wish to place on the Earth Day Flyer for Spring Fling. She is working with Chairperson Maraj regarding obtaining the seed packets to hand out to residents to plant on Earth Day. There will be a table set up with various items relative to Earth Day awareness and protecting our environment. The members will be available to speak to the residents to make them aware of how they can help. C. MISSION OF NATURAL RESOURCE PRESERVATION BOARD — MEMBER HALPERN Member Halpern asked to withdraw this agenda item and explained that this board is moving along with accomplishing their mission. Member Braun referred to a presentation given by Marty Minor of Urban Kilday Studios regarding the Comprehensive Plan. He stated that it is the law. There are many environmental issues in the plan, and that is an indication of what this board's mission should be. Town Manager Labadie explained that the Comprehensive Plan is not the law itself but it is a guidance document that directs how we are going to achieve certain goals and objectives of the community moving forward over a period of time. He agreed with Member Halpern that this board is starting to see what it is you need to achieve. 7. NEW BUSINESS: A. DISCUSSION REGARDING BEACH RESTORATION FEASIBILITY STUDY — APRIL 2013 — JACK HALPERN. Member Halpern forwarded this study for the board's information to note. At some point in the future we will be dealing with beach restoration. Discussion ensued regarding the study and why nothing was every done about it. Vice Chairperson Tertan mentioned the PEM system which was presented to the Commission by Mr. Christianson of Eco Shore and suggested this be looked into further. Town Manager Labadie explained the procedure and the cost involved using the PEM system. Member Braun mentioned the fact that there is $100,000 in the budget to hire an environmental person. Town Manager Labadie explained the process they are going through at this time to move forward with the hiring for an Environmental position. If we move in this direction, that person would facilitate this board. Natural Resources Preservation Advisory Board Regular Minutes Thursday, February 21, 2019 Page 7 of 9 B. DISCUSSION REGARDING THE COMPREHENSIVE PLAN AND INVASIVE SPECIES — MEMBER BRAUN (THIS ITEM WAS ADDED :TO THE AGIJND�A Member Braun introduced this item. At the last meeting, she questioned Mr. Minor as to why the terminology "invasive species" was not in the Comprehensive Plan. Member Matthewman indicated it was in there. Member Braun wanted to make the correction that the words "invasive species" is not in the Comprehensive Plan. MOTION: Member Braun moved to recommend to the Commission the invasive species management and control be addressed in the Comprehensive Plan as part of the re -nourishment of our beaches. Member Matthewman. seconded the motion. UPON ROLL CALL: Member Braun - Yes Member Matthewman - Yes Member Halpern - Yes Vice Chairperson Tertan - Yes Motion passed on a 4 to 0 vote. MOTION: Member Matthewman moved to recommend to the Commission that Page 3 — Item (b) Hand beach cleaning/hand-raking: 2A (It shall be limited to the hours of 8:00 a.m. to 11:00 a.m. Monday thru Saturday) be removed from the Proposed Beach Raking Ordinance. Member Halpern seconded the motion. MOTION: Member Matthewman moved to recommend to the Commission that you do not need a permit at any time to hand clean the beach. Member Halpern. seconded the motion. UPON ROLL CALL: Member Matthewman - Yes Member Halpern - Yes Member Baun - Ye Vice Chairperson Tertan - Yes Motion passed on a 4 to 0 vote. Natural Resources Preservation Advisory Board Regular Minutes Thursday, February 21, 2019 Page 8 of 9 MOTION: Member Matthewman moved to recommend to the Commission that you do not need a permit at any time to hand clean the beach. Member Halpern seconded the motion. UPON ROLL CALL: Member Matthewman - Yes Member Halpern - Yes Member Baun - Ye Vice Chairperson Tertan - Yes Motion passed on a 4 to 0 vote. Town Attorney Len Rubin left the meeting at 11:00 a.m. MOTION: Member Halpern moved to recommend to the Commission that until and unless the Town of Highland Beach gets access to the beach for trucks for seaweed disposal and/or gets approval from Boca Raton or Delray Beach for this access, they shall remove all part of the ordinance relating to trucking seaweed off the beach. Vice Chairperson Tertain seconded the motion. UPON ROLL CALL: Member Halpern - Yes Vice Chairperson Tertan - Yes Member Braun - Yes Member Matthewman - Yes Motion passed on a 4 to 0 vote. C. DISCUSSION REGARDING THE OCEAN WALK AND MORE PROJECT — MEMBER HALPERN (THIS ITEM WAS ADDED TO THE AGENDA) Member Halpern introduced this item. He explained that this project will be the largest environmental impact that this Town will ever see in terms of a construction project. He discussed the proposed stormwater drainage system. The stormwater will have oils and heavy metals and chemicals will have to be added to clean the baffle boxes. These chemicals will eventually go into the Intracoastal which will go into our beaches. He is concerned in terms of the environmental impact with what they are proposing to do. MOTION: Member Halpern moved to recommend to the Commission that as the Natural Resources Preservation Board we ae concerned about the possible environmental impacts from this proposed construction project and suggest it be looked at further. Member Matthewman seconded the motion. Natural Resources Preservation Advisory Board Regular Minutes Thursday, February 21, 2019 Paj4e 9 of 9 UPON ROLL CALL: Member Halpern - Yes Member Matthewman - Yes Member Braun - Ye Vice Chairperson Tertan - Yes Motion passed on a 4 to 0 vote. 8. ANNOUNCEMENTS: Administrative Support Specialist DeMartino read the following announcements: • Town Commission Workshop Meeting — February 26. 2019 - 1:30 PM • Town Commission Regular Meeting — March 5, 2019 — 1:30 PM • Town Commission Workshop Meeting — March 26, 2019 — 1:30 PM • Spring Fling Event — March 23, 2019 — 11:00 AM to 2:00 PM 9. ADJOURNMENT There being no further business to come before the Board, Vice Chairperson Tertan called for a motion to adjourn. MOTION: Member Matthewman moved to adjourn the meeting at 11:21 AM. Member Halpern seconded the motion, which passed unanimously. APPROVED at the June 13, 2019 _'- _'%,",, ti j `s i.." � a �1 :1 If ATTEST: 9evdrly Wright, Deputy Town Clerk Transcribed by Rosalie DeMartino mac- (T Date: