2023.08.01_TC_Agenda_Regular1
TOWN OF HIGHLAND BEACH
TOWN COMMISSION MEETING
AGENDA
Tuesday, August 01, 2023 AT 1:30 PM
LIBRARY COMMUNITY ROOM, 3618 S. OCEAN BLVD.,
HIGHLAND BEACH, FL
Town Commission
Natasha Moore Mayor
David Stern Vice Mayor
Evalyn David Commissioner
Donald Peters Commissioner
Judith M. Goldberg Commissioner
Marshall Labadie Town Manager
Lanelda Gaskins Town Clerk
Glen J. Torcivia Town Attorney
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. APPROVAL OF THE AGENDA
5. PRESENTATIONS / PROCLAMATIONS
A. Resolution No. 2023-015
A Resolution of the Town Commission of the Town of Highland Beach, Florida,
ratifying the selection, appointments, and term of office of members of the Natural
Resources Preservation Advisory Board; and providing for an effective date.
6. PUBLIC COMMENTS
Public Comments will be limited to five (5) minutes per speaker.
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Town Commission Meeting Agenda August 01, 2023
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7.ANNOUNCEMENTS
Board Vacancies
Board of Adjustment and Appeals Two (2) vacancies, all for three-year
terms and
One (1) vacancy for an unexpired term
ending September 21, 2024
Meetings and Events
August 08, 2023 1:00 P.M. Code Enforcement Board Regular
Meeting
August 10, 2023 9:30 A.M. Planning Board Regular Meeting
August 15, 2023 1:30 P.M. Town Commission Meeting
Board Action Report
Financial Advisory Board Workshop Meeting of July 27 by Board Member Richard
Greenwald
8.ORDINANCES (Public Comments will be limited to three (3) minutes per speaker
per item after Commission initial discussion.)
A.Fire Code Proposed Ordinance
An ordinance of the Town of Highland Beach, Florida, ado pting the current edition
of the Florida Fire Prevention Code and providing for local amendments;
providing for the repeal of all ordinances in conflict; providing for severability and
codification; and providing for an effective date.
9.CONSENT AGENDA (These are items that the Commission typically does not need
to discuss individually, and which are voted on as a group.) Public Comments will be
limited to three (3) minutes per speaker per item after Commission initial discussion.
A.July 18, 2023 Town Commission Meeting Minutes
B.Approve and authorize Town Staff to purchase the 3M™ Scott™ Air-Pak X3 Pro
Self-Contained Breathing Device (SCBA) from Fisher Scientific in an amount of
$219,454.56 for Fire Station #116 in accordance with Lake County Contract, 22 -
730C.
10.UNFINISHED BUSINESS (Public Comments will be limited to three (3) minutes per
speaker per item after Town Commission initial discussion.)
A.Fire Rescue Implementation Update
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Town Commission Meeting Agenda August 01, 2023
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B. Florida Department of Transportation (FDOT) RRR Project Update
1. Approve and authorize the Mayor to execute an agreement with State of
Florida Department of Transportation (FDOT) in the amount of $126,140.00
for the paving and expansion of State Road A1A.
C. Fiscal Year 2023-2023 Proposed Budget Recap Update
11. NEW BUSINESS (Public Comments will be limited to three (3) minutes per speaker
per item after Town Commission initial discussion.)
A. Consideration of a request for a Town of Highland Beach Right-of-Way (ROW)
permit for the property located at 3805 South Ocean Boulevard
B. Resolution No. 2023-016
A Resolution of the Town Commission of the Town of Highland Beach, Florida,
authorizing the Mayor to execute Amendment Number Six (6) to the State of
Florida Department of Transportation (FDOT) District Four (4) Landscape
Inclusive Memorandum of Agreement on behalf of the Town of Highland Beach,
Florida and providing for an effective date.
C. Resolution No. 2023-017
A Resolution of the Town Commission of the Town of Highland Beach, Florida,
approving a Declaration of Unity of Title submitted by Gunther K. Buerman and
Margaretha Buerman for the properties located at 4015 South Ocean Boulevard
and 4019 South Ocean Boulevard; and providing for an effective date.
D. Clarification on Section 106.113, Florida Statutes, regarding educational
campaign for upcoming referendum questions.
E. Consideration of Proposed Amendment No.5 to Tower Siting Lease Agreement
between the Town of Highland Beach and Sprint/T-Mobile
12. TOWN COMMISSION COMMENTS
Commissioner Judith M. Goldberg
Commissioner Donald Peters
Commissioner Evalyn David
Vice Mayor David Stern
Mayor Natasha Moore
13. TOWN ATTORNEY’S REPORT
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Town Commission Meeting Agenda August 01, 2023
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14. TOWN MANAGER’S REPORT
15. ADJOURNMENT
NOTE: Any person, firm or corporation decides to appeal any decision made by the Town Commission
with respect to any matter considered at this meeting, such person will need to ensure that a verbatim
record including testimony and evidence upon which the appeal is to be based. (State Law requires
the above Notice. Any person desiring a verbatim transcript shall have the responsibility, at his/her own
cost, to arrange for the transcript.) The Town neither provides nor prepares such a record.
In accordance with the Americans with Disabilities Act, persons who need accommodation in order to
attend or participate in this meeting should contact Town Hall 561 -278-4548 within a reasonable time
prior to this meeting in order to request such assistance.
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File Attachments for Item:
A. Resolution No. 2023-015
A Resolution of the Town Commission of the Town of Highland Beach, Florida, ratifying the selection,
appointments, and term of office of members of the Natural Resources Preservation Advisory Board;
and providing for an effective date.
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TOWN OF HIGHLAND BEACH
AGENDA MEMORANDUM
MEETING TYPE: Commission Meeting
MEETING DATE August 01, 2023
SUBMITTED BY: Jaclyn DeHart, Deputy Town Clerk
THROUGH Lanelda Gaskins, Town Clerk
SUBJECT: Resolution No. 2023-015
A Resolution of the Town Commission of the Town of Highland Beach,
Florida, ratifying the selection, appointments, and term of office of
members of the Natural Resources Preservation Advisory Board; and
providing for an effective date.
SUMMARY:
Consideration of Resolution No. 2023-015 ratifying the selection, appointments, and term of
office of members of the Natural Resources Preservation Advisory Board; and providing for
an effective date.
On November 10, 2022, two members resigned from the Board, which created two (2)
vacancies for two (2) unexpired terms ending April 30, 2024.
The Town Clerk’s Office received two (2) board applications for Town Commission
consideration. The applicant’s names are as follows:
Appointments
Alan Blumberg
Kenneth Shriberg
As set forth in Sec. 2-99, in the Town's code, terms for all boards shall be three (3) years and
no board member may serve more than two (2) consecutive terms on the same board without
first taking a one-year hiatus from the board. Appointments for partial terms shall not count
toward the two-term limit. Additionally, in accordance with Resolution 19-029, the Highland
Beach Police Department (HBPD) reported a preliminary background check on each applicant
to the Town Clerk’s Office. The background check result disclosed there were no objectionable
findings. Additionally, there is no history found for any code violations.
FISCAL IMPACT:
N/A
ATTACHMENTS:
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Kenneth Shriberg Application
Kenneth Shriberg Vetting Form
Alan Blumberg Application
Alan Blumberg Vetting Form
Resolution No. 2023-015
RECOMMENDATION:
With the Commission’s consideration, Staff recommends the adoption of Resolution No. 2023-
015 for the applicants to serve the following terms:
an unexpired term ending April 30, 2024
.
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RESOLUTION NO. 2023-015
A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF
HIGHLAND BEACH, FLORIDA, RATIFYING THE SELECTION,
APPOINTMENTS AND TERM OF OFFICE OF MEMBERS OF THE
NATURAL RESOURCES PRESERVATION ADVISORY BOARD; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 2, Article V, Division 3, Sec. 2-135 of the Town’s Code of
Ordinances establishes the Natural Resources Preservation Advisory Board and governs the
membership, qualification, function, and rules of the Natural Resources Preservation Advisory
Board; and
WHEREAS, these provisions of the Code establish the selection, appointment, and terms
of office of members of the Natural Resources Preservation Advisory Board; and
WHEREAS, on November 10, 2022, two (2) members resigned, thereby opening two (2)
vacancies on the Board; and
WHEREAS, the Town Clerk’s Office received two (2) applications for consideration; and
WHEREAS, pursuant to Sec. 2-99(1)(a) of the Town’s Code of Ordinances, the
chairperson of each board shall interview applicants for the board and provide a recommendation
to the Town Commission; and
WHEREAS, the Chairperson of the Natural Resources Preservation Advisory Board
interviewed the applicants and recommends that the Town Commission appoint two (2) applicants
to the Board; and
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Resolution No. 2023-015
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WHEREAS, Town residents interested in serving on or continuing to serve on the Natural
Resources Preservation Advisory Board have submitted board applications for the Town
Commission’s consideration.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF THE
TOWN OF HIGHLAND BEACH, FLORIDA, THAT:
Section 1. The foregoing “WHEREAS” clauses are true and correct and hereby ratified
and confirmed by the Town Commission.
Section 2. Consistent with the Town’s Code of Ordinances, two (2) members have
been selected by the Town Commission to serve on the Natural Resources Preservation Advisory
Board for an unexpired term ending April 30, 2024, as follows:
Board Member Kenneth Shriberg – term expires April 30, 2024
Board Member Alan Blumberg - term expires April 30, 2024
Section 3. This Resolution shall become effective upon adoption.
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Resolution No. 2023-015
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DONE AND ADOPTED by the Town Commission of the Town of Highland Beach, Florida, this
1st day of August 2023.
ATTEST: Natasha Moore, Mayor
REVIEWED FOR LEGAL
SUFFICIENCY
Lanelda Gaskins, MMC
Town Clerk
Glen Torcivia, Town Attorney
Town of Highland Beach
VOTES: YES NO
Mayor Natasha Moore
Vice Mayor David Stern
Commissioner Evalyn David
Commissioner Donald Peters
Commissioner Judith Goldberg
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MEMORANDUM
3614 SOUTH OCEAN BOULEVARD ● HIGHLAND BEACH, FLORIDA 33487
Palm Beach County, Florida Main: 561-278-4548 FAX: 561-265-3582
TO: Lanelda Gaskins, MMC, Town Clerk
FROM:
DATE:
SUBJECT: Initial Vetting of Applicant:
==========================================================
On ______________________ (date), I met with ________________________ (applicant’s name)
to discuss his/her community involvement, education, professional experiences and the positive
impact he/she could bring to this Board for the betterment of the Highland Beach community.
Detail Explanation:
Based upon my review of the Resume’, the Board Application and the Interview today, my
recommendation is as follows:
For the Appointment of this Applicant
Against the Appointment of this Applicant
Signature of Board Chairperson
7/10/23
Nicole Stansfield
Kenneth ShribergThursday, 7/6/23
Kenneth (Ken) has been a resident of Highland Beach for over a decade. He is knowledgeable
about our town, the surrounding area and the overall governance of Palm Beach County and the
state of Florida. He has a wealth of experience and participation on a diverse array of boards and
committees. I feel that his business and insurance background would be a benefit to and a different
lens for the NRPAB to view environmental and ecological issues through. I highly recommend
Ken for a position on the NRPAB.
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TO: Lanelda Gaskins, MMC, Town Clerk
FROM: Nicole Stansfield
DATE: 6/26/2023
SUBJECT: Initial Vetting of Applicant:
==========================================================
On 6/26/2023______(date), I met with Dr Alan Blumberg (applicant’s name) to discuss his/her community involvement, education, professional experiences and the positive impact he/she could bring to this Board for the betterment of the Highland Beach community.
Detail Explanation:
Based upon my review of the Resume’, the Board Application and the Interview today, my recommendation is as follows:
X For the Appointment of this Applicant
Against the Appointment of this Applicant
Nicole Stansfield 6/28/23
Signature of Chairperson
3614 SOUTH OCEAN BOULEVARD ● HIGHLAND BEACH, FLORIDA 33487
Palm Beach County, Florida Main: 561-278-4548 FAX: 561-265-3582
MEMORANDUM
On Monday 6/26/23 I met with Dr. Alan Blumberg via Zoom. Dr. Blumberg is a newer
resident in Highland Beach, but has an amazing professional background that would greatly
benefit the NRPAB. This includes his studies and work as a professional oceanographer. I
highly recommend that the Highland Beach Town Commission appoint Dr. Blumberg to the
NRPAB.
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File Attachments for Item:
A. Fire Code Proposed Ordinance
An ordinance of the Town of Highland Beach, Florida, adopting the current edition of the
Florida Fire Prevention Code and providing for local amendments; providing for the
repeal of all ordinances in conflict; providing for severability and codification; and
providing for an effective date.
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TOWN OF HIGHLAND BEACH
AGENDA MEMORANDUM
MEETING TYPE: Town Commission Meeting
MEETING DATE August 1, 2023
SUBMITTED BY: Matt Welhaf, Assistant Fire Chief
SUBJECT: An ordinance of the Town of Highland Beach, Florida, adopting the
current edition of the Florida Fire Prevention Code and providing for
local amendments; providing for the repeal of all ordinances in conflict;
providing for severability and codification; and providing for an effective
date.
SUMMARY:
On July 18th, 2023, the Town Commission considered an introduction to a proposed
amendment to the Town Code of Ordinances that would update the local fire prevention
ordinance. It was explained that pursuant to Chapter 633, Florida Statutes, every three years
the State Fire Marshal adopts an updated Florida Fire Prevention Code, which establishes the
statewide minimum fire safety code and incorporates Florida editions of the National Fire
Protection Association’s Fire Code (NFPA 1 Fire Code) and Life Safety Code (NFPA 101 Life
Safety Code).
Further, it was explained that the Florida Fire Prevention Code adopted by the State Fire
Marshal shall be deemed adopted by, and shall be enforced by, local governments with fire
safety responsibilities as the minimum fire safety code. Local governments are authorized to
adopt more stringent local amendments to the Florida Fire Prevention Code, which strengthen
the requirements of the minimum fire safety code.
Following the introduction by the Fire Marshal, Town Commission members asked several
questions relating to fees, third party inspection reporting, and discussed comparisons to
adjacent jurisdictions local ordinance amendments.
The ordinance is before the Commission for the first reading. Based upon approval of the first
reading, the ordinance will then be advertised in accordance with Florida statutes and
presented to the Commission for second read/final adoption on August 15 th, 2023.
FISCAL IMPACT:
N/A
ATTACHMENTS:
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Proposed Ordinance
July 18th Agenda Memorandum and Introduction of the Proposed Ordinance
RECOMMENDATION:
Staff recommend approval of the proposed ordinance.
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TOWN OF HIGHLAND BEACH
PROPOSED ORDINANCE
AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA,
REPEALING CHAPTER 9, “FIRE PREVENTION AND PROTECTION,”
OF THE TOWN CODE OF ORDINANCES IN ITS ENTIRETY AND
SIMULTANEOUSLY ADOPTING A NEW CHAPTER 9 TO REFERENCE
THE CURRENT EDITION OF THE FLORIDA FIRE PREVENTION CODE
AND ADOPT LOCAL AMENDMENTS THERETO; REPEALING
SECTION 35-11, “FLORIDA FIRE PREVENTION CODE,” OF THE
TOWN CODE OF ORDINANCES; PROVIDING FOR THE REPEAL OF
ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY
AND CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Town of Highland Beach, Florida (the “Town”), is a duly constituted
municipality having such power and authority conferred upon it by the Florida Constitution and
Chapter 166, Florida Statutes; and
WHEREAS, the Town is in the process of establishing a Fire Rescue Department
responsible for overseeing and enforcing the Florida Fire Prevention Code within the Town; and
WHEREAS, pursuant to Chapter 633, Florida Statutes, every three years the State Fire
Marshall adopts an updated Florida Fire Prevention Code, which establishes the statewide
minimum fire safety code and incorporates Florida editions of the National Fire Protection
Association’s Fire Code (NFPA 1 Fire Code) and Life Safety Code (NFPA 101 Life Safety Code);
and
WHEREAS, Chapter 633, Florida Statutes, provides that the updated Florida Fire
Prevention Code adopted by the State Fire Marshall shall be deemed adopted by, and shall be
enforced by, local governments with fire safety responsibilities as the minimum fire safety code;
and
WHEREAS, Chapter 633, Florida Statutes authorizes local governments to adopt more
stringent local amendments to the Florida Fire Prevention Code which strengthen the
requirements of the minimum fire safety code; and
WHEREAS, Town Staff and the Town’s Fire Marshal have recommended that the Town
adopt the most recent version of the Florida Fire Prevention Code and local amendments to the
Code, and the Town Commission determines that such local amendments are more stringent
than and strengthen the minimum fire safety code and that the adoption of such amendments
serves a public purpose and is in the best interest of the public health, safety, and welfare of the
Town of Highland Beach.
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NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN
OF HIGHLAND BEACH, FLORIDA, AS FOLLOWS:
Section 1. The foregoing facts and recitations contained in the preamble to this
Ordinance are hereby adopted and incorporated by reference as if fully set forth herein.
Section 2. The Town Commission hereby repeals Chapter 9, “Fire Prevention and
Protection,” of the Town Code of Ordinances in its entirety and simultaneously adopts a new
Chapter 9 to read as follows:
ARTICLE I. CODES AND STANDARDS
Sec. 9-1. Codes and Standards—Adopted.
(1) The town adopts by reference and incorporates into this code as though fully set
out herein, that certain code known as the Florida Fire Prevention Code (8th
edition) (“FFPC”), except as provided in this chapter.
(2) The town adopts by reference and incorporates into this code, as though fully set
out herein, those additional specific standards and codes published by the National
Fire Protection Agency (“NFPA”) and set forth below:
NFPA 18 2017 Standard for Wetting Agents
NFPA 22 2018 Standard for Water Tanks for Private Fire Protection
NFPA 53 2016 Recommended Practice on Materials, Equipment, and Systems Used
in Oxygen-Enriched Atmospheres
NFPA 67 2019 Guide on Explosive Protection for Gaseous Mixtures in Pipe Systems
NFPA 69 2019 Standard on Explosion Protection Systems
NFPA 102 2016 Standard for Grandstands, Folding and Telescopic Seating, Tents, and
Membrane Structures
NFPA 105 2019 Standard for Smoke Control Door Assemblies and Other Opening
Protectives
NFPA 115 2020 Standard for Laser Fire Protection
NFPA 140 2018 Standard for Motion Picture and TV Production Facilities
NFPA 160 2016 Standard for the Use of Flame Effects Before an Audience
NFPA 170 2018 Standard for Fire Safety and Emergency Symbols
NFPA 204 2018 Standard for Smoke and Heat Venting
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NFPA 241 2019 Standard for Safeguarding Construction, Alteration, and Demolition
Operations
NFPA 287 2017 Standard Test Methods for Flammability of Materials in Clean Rooms
NFPA 291 2019 Recommended Practice for Fire Flow Testing and Marking of Hydrants
NFPA 302 2020 Fire Protection Standard for Pleasure and Commercial Motor Craft
NFPA 306 2019 Standard for Control of Gas Hazards on Vessels
NFPA 496 2017 Standard for Purged Pressurized Enclosures for Electrical Equipment
NFPA 502 2020 Standard for Road Tunnels, Bridges, and Limited Access Highways
NFPA 601 2020 Standard for Security Services in Fire Loss Prevention
NFPA 720 2015 Standard for the Installation of Carbon Monoxide (CO) Detection and
Warning Equipment
NFPA 780 2020 Standard for the Installation of Lightning Protection Systems
NFPA 801 2020 Standard for Facilities Handling Radioactive Materials
NFPA 820 2020 Standard for Fire Protection and Wastewater Treatment and Collection
Facilities
NFPA 914 2019 Code for the Protection of Historic Structures
NFPA 1225 2022 Standard for Emergency Services Communication
NFPA 1961 2020 Standard on Fire Hose
NFPA 1962 2018 Standard for Care, Use, Inspection, Service Testing, and Replacement
of Fire Hose, Couplings, Nozzles, and Fire Hose Appliances
NFPA 2001 2018 Standard on Clean Agent Fire Extinguishing Systems
Sec. 9-2. Inspections, Testing, and Maintenance.
The town hereby adopts the following local amendments to the FFPC:
(1) All systems, equipment, tanks, piping, devices, appliances, controls, or storage
facilities over which the code contains regulatory provisions, or which are required
by any other law shall always be maintained in a working, compliant condition.
(2) All fire sprinklers, standpipe, fire pump, and all other fire suppression systems shall
be maintained under a written service contract with service companies licensed by
the State of Florida to provide such services. Regular inspection, maintenance, and
testing of these required systems shall be completed in accordance with the
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applicable standards specified under the FFPC, NFPA 1, NFPA 13, 13D, 13R,
NFPA 14, NFPA 17, NFPA 17A. NFPA 20, NFPA 24, NFPA 25, NFPA 33, NFPA
90A and 90B, NFPA 91, NFPA 92, NFPA 92A and 92B, NFPA 96, and NFPA 2001,
and all state laws and local ordinances. All reports related to fire protection system
inspection, testing, and maintenance shall be reported to the fire rescue
department, through an internet-based fire inspection reporting system approved
by the town. Any report not submitted through the town’s internet reporting system
will not be accepted.
(3) The service company performing the inspections, maintenance and tests referred
to in subsection (2) above shall forward all reports to the fire rescue department
detailing:
(a) The nature of any deficiencies and/or impairments identified and the repairs,
modifications and/or corrections completed by the service company;
(b) The date and time of all inspections, maintenance, tests, and repairs; and
(c) Any other information that may be requested or required by the town’s fire
rescue services department.
(4) A copy of all required inspection and deficiency reports shall be provided to the
building representative and kept in the fire command room, fire protection closet (if
provided), or at a designated location approved by the fire marshal. The reports
shall be available at all times to fire rescue personnel.
ARTICLE II. HAZARDOUS MATERIALS.
Sec. 9-3. Response to discharges of hazardous substances—Response costs.
(1) For the purpose of this section, the following words and phrases shall have the
meanings given herein:
(a) Discharge shall mean any intentional or unintentional action or omission resulting
in the releasing, spilling, pumping, pouring, emitting, emptying, or dumping of a
hazardous substance upon public or private property located within the corporate
limits of the town.
(b) Hazardous substances shall mean any substances or materials in a quantity or
form which, in the determination of the town, poses an unreasonable and
imminent risk to the life, health, safety, or welfare of persons or property within
the town, or poses a risk of harm to the environment, and shall include but not be
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limited to those substances listed in the National Fire Protection Association
Guide on Hazardous Materials, the Environmental Protection Agency's list of
extremely hazardous substances (40 C.F.R. § 335 Appx. A), or the Florida
Substance List promulgated by the Florida Department of Economic Opportunity.
(c) Response actions shall mean any activity which is carried out in response to any
discharge or potential discharge of a hazardous substance, including:
1. Actions necessary for the cleanup or removal of discharged hazardous
substances from the environment;
2. Actions necessary to reduce and/or eliminate the threat of discharge of
hazardous substances into the environment;
3. Actions necessary to investigate, monitor, assess, and evaluate the
discharge or potential discharge of hazardous substances;
4. Actions necessary for the disposal of removed material; and
5. Actions necessary to prevent, minimize, or mitigate damage to the public
health, safety, or welfare or to the environment, which may otherwise result
from a discharge or threatened discharge. Response actions also include
the provision of security fencing or other means to limit access, the
provision of alternative water supplies, temporary evacuation of potential
individuals, and restoration of the site to pre-discharge conditions.
(d) Response costs shall mean any costs incurred in undertaking response actions.
Response costs shall not include costs incurred for actual fire suppression
services which are regularly provided by the town or its authorized agents,
except where a fire is caused or exacerbated by discharge of hazardous
materials.
(2) The town is hereby authorized to undertake response actions in the event of
discharges or potential discharges of hazardous substances upon or into public or
private property or facilities located within the corporate limits of the town.
(3) When engaging in a response action caused by the unauthorized discharge or
potential discharge of hazardous substances, the town shall keep a detailed record
of the response costs.
(4) Any person or entity responsible for causing or allowing an unauthorized discharge
or potential discharge of hazardous substances that requires response actions by
the town or its authorized agents shall reimburse the town for the full cost of all
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response actions. Reimbursement shall be made within thirty (30) days after
receipt of an itemized bill for response costs from the town.
(6) Any person or entity responsible for causing or allowing an unauthorized discharge
or potential discharge of hazardous substances that results in the town incurring
response costs and who fails to reimburse the town for such response costs within
the time set forth herein shall be subject to a late fee in the amount of ten percent
(10%) of the total amount of the response costs after thirty (30) days. Thereafter,
the late fee assessed on the unpaid balance shall be increased by two percent
(2%) for each additional thirty (30) day period until the full amount, including any
applicable late fee, is paid.
(7) The remedy provided for in this section shall be supplemental to and in addition to
all other available remedies at law or in equity.
ARTICLE III. GENERAL PROVISIONS
Sec. 9-4. Burning permit.
It shall be unlawful for anyone to set a fire on any lot, street, alley or other public or private
place within the corporate limits of the town without first obtaining a permit to do so from
the fire rescue department and paying all fees specified in the town’s municipal facilities
and services user fee schedule. The application shall be obtained from the department,
and it shall be reviewed for approval or rejection by the chief of the department or his/her
designee. Approved permits may be revoked by the department at any time if it is deemed
by the department, in its sole discretion, that changes in weather or other circumstances
render the fire a hazard or dangerous to the public in any manner.
Sec. 9-5. Illegal storage.
A determination that storage is illegal or in violation of this or other NFPA code(s) shall be
at the discretion of the fire chief or his/her designee. Illegal storage, for the purpose of this
section, includes any material stored in an electrical room, in front of major electrical
panels, fire pump rooms, fire command rooms (other than what is permitted by the Florida
Building Code and the FFPC), fire protection closet, and similar areas. Such areas shall
be provided with signs indicating “No Storage.”
Sec. 9-6. Premises identification.
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All new and existing buildings shall include signage that identifies the building address. All
such signs shall be permanent and shall meet the requirements NFPA 1. All such signage
shall be placed on buildings in such a manner that their address numbers are plainly
legible and visible from the road or street fronting the property.
Sec. 9-7. Unit and Suite Identification.
All apartment units, condominium units, and business suites located in buildings,
regardless of occupancy type, shall include signage that identifies their number (or any
other identifying designation). All such signs shall be permanent and shall meet the
requirements NFPA 1. Units shall be distinguished and identified using numbers or letters,
or a combination thereof, in sequence. Proposed numbering or lettering schemes shall be
subject to review and approval by the fire chief or his/her designee. Identification signs
shall be located on the door of the unit, or the wall adjacent to the unit, such that it is visible
and legible to approaching fire rescue personnel. Signs located on a fire rated door or fire
rated wall shall not compromise the rating of the door or wall and shall not conflict with
manufacturers recommendations.
Sec. 9-8 Directional/Wayfinding Signs.
Approved directional signs shall be provided in corridors and other areas of the building,
as required to assist fire rescue service personnel. The location of directional signs shall
be at the discretion of the fire chief or his/her designee.
Sec. 9-9 thru 9-25 - Reserved.
Sec. 9-26. Fire lanes on private property.
(1) For the purpose of this chapter, a "fire lane" shall mean a space sufficient in width
and length to permit the parking of fire trucks and other firefighting apparatus and
located nearest to, or at the best location to permit firefighting operations for, a
building or structure.
(2) Fire lanes shall be established and maintained on private property where the public
has the right to travel by motor vehicle and where the public is permitted by
invitation or by license to travel by motor vehicle, to the extent that any such fire
lane is necessary for the department to access buildings by fire trucks or other
firefighting apparatus, as more specifically provided in FFPC, NFPA 1, Chapter 18.
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“Private property where the public has the right to travel by motor vehicle and where
the public is permitted by invitation or by license to travel by motor vehicle” shall
mean all parking lots, shopping plazas, and shopping centers, as well as all
commercial, industrial, single family, and multi-family residential areas.
(3) After notification by the fire rescue department to establish fire lanes on a particular
property, the owner or person in possession and control of the property shall submit
a site plan for the fire lanes on the property to the fire department for review and
approval of the design and location of the fire lanes. The site plan shall be drawn
to scale and shall show all related buildings, driveways, streets, and other
information necessary to evaluate the sufficiency of the fire lanes.
(4) Approval of fire lanes by the fire rescue department shall constitute authorization
for the person owning, or in possession and control of, any such property to install
required official signs and necessary pavement markings prohibiting the stopping,
standing, or parking of motor vehicles within the fire lanes, and the posting of the
fire lanes as tow-away zones. Such signs and necessary pavement marking and
striping shall be furnished and installed by the owner or person in possession and
control of the property at their own cost. The owner or person in possession and
control of the property shall thereafter be responsible for the maintenance of the
signs, markings, and striping of the required fire lanes.
(5) All fire lane signs required by and installed pursuant to this section shall have red
lettering, not less than two inches (2”) or more than three inches (3”) in height, on
a white background. Each sign shall be twelve inches (12”) wide by eighteen inches
(18”) in height and shall be consistent with the manual on uniform traffic control
devices of the state department of transportation and Chapter 18 of NFPA 1, 8th
edition).
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Sec. 9-27. Use of outdoor cooking appliances.
(1) This section shall apply to all buildings and structures, except two-family dwellings
of one-story design, and single-family dwellings. This section shall not apply to
commercial cooking appliances.
(2) For the purpose of this section, an outdoor cooking appliance shall mean any
portable and non-portable cooking appliance, grill, stove, or smoker, fueled, or
powered by electricity, wood, charcoal, liquefied petroleum gas, natural gas,
gasoline, kerosene, naphtha, alcohol, or other liquid or gaseous fuel.
(3) Outdoor cooking appliances shall be operated a minimum of ten feet (10’) from the
exterior of buildings or structures.
(4) It shall be unlawful for any person to use or cause to be used any outdoor cooking
appliance on any balcony, within any screened enclosure, in any covered parking
area, in any corridor or hallway, under any overhang or within any area of any
building or structure; notwithstanding the foregoing, a tabletop or countertop
electric grill, with a cooking surface that is two hundred (200) square inches or less
in size, may be used on a balcony, as long as the balcony is not enclosed or within
a screened enclosure. This requirement also applies to one-and two-family
dwellings.
Sec. 9-28. Closing of private driveways, roadways, and entrances.
It shall be unlawful for any person to have or cause to have any driveway, roadway, or
entrance barricaded or blocked by obstacles which would interfere with the response of
the fire rescue department or other emergency vehicles. If an existing building requires a
change of access, the owners shall provide revised life safety plans and obtain a permit
from the town.
Sec. 9-29. Processes deemed hazardous to life and property.
(1) The fire chief or fire marshal may issue an order for the immediate cessation of any
activity, operation, or process, when such operation, activity, or process constitutes
a severe and immediate hazard to persons or property.
(2) No person who, after being served with either a verbal or written order to cease
such severe and immediate hazardous activity, operation, or process, shall fail or
refuse to comply with such an order.
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Sec. 9-30. Evacuation of occupied buildings or structures.
In accordance with the Florida Fire Prevention Code, NFPA 1, sec. 1.7.16, the fire chief,
the fire marshal, a fire inspector, or any department officer may order the immediate
evacuation of any occupied building or structure or assembly area when such building,
structure or assembly area is deemed hazardous due to a fire hazard, obstruction to exits,
overcrowding of the premises, or any other hazard or potential which presents immediate
and life-threatening danger to the occupants. The premises, or any portion thereof, may
not be reoccupied until it has been examined and deemed free of the hazard or potential
hazard that caused the evacuation to be ordered.
Sec. 9-31. Fireworks, pyrotechnic special effects, flame effects.
(1) The discharge, firing or use of the following fireworks products are prohibited inside
buildings, tents, structures, and other enclosed spaces:
(a) Firecrackers, rockets, torpedoes, roman candles or other fireworks or substances
designed and intended for pyrotechnic display, and of cap guns, starter pistols,
canes, cannons, or other appliances (other than a “firearm” as defined in Fla. Stat.
§ 790.001) using blank cartridges or caps containing chlorate or potash mixture;
(b) Pyrotechnic special effects including, but are not limited to, chemical mixtures
used in the entertainment industry to produce visible, audible, or thermal effects
by combustion, deflagration, or detonation; and
(c) Flame effects including, but not limited to, batons, and/or torches fueled by liquid,
solid or gaseous fuels, flame projectors which produce heat effects and/or flames,
flash powders composed of fuel(s) and oxidizer(s), flares. and similar devices.
(2) Except as provided in section 791.08, Florida Statutes, a permit shall be obtained
from the town manager or his/her designee, prior to any outdoor use of fireworks,
pyrotechnic special effects, flame effects, and/or any other fireworks item identified in
section 1 above. The application for a permit shall be on a town form and payment of
an application fee shall be required. The town manager or his/her designee may
include conditions in the permit, including but not limited to additional inspection fees,
to ensure compliance with all applicable requirements herein and state law or to
protect the public health, safety, and welfare.
(3) The permit applicant shall furnish with its application proof of financial responsibility in
the form of liability insurance. Such liability insurance shall have a minimum of
$1,000,000.00 coverage for each occurrence and shall provide coverage for all claims
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for damages to property or personal injuries, including death, arising out of the use of
the fireworks. Additionally, the applicant shall provide the town with an endorsement
from its insurer that names the town, and its officers and employees, as an additional
insured and shall otherwise be in a form acceptable to the town.
(4) The outdoor use of fireworks shall be in accordance with NFPA 1123 and NFPA 1124.
Sec. 9-32. Public Safety Radio Communication System.
In all newly constructed buildings, a minimum radio signal strength for public safety radio
signals shall be required within the building. Installation and signal strength shall be the
minimum requirements per NFPA 1225 (2022 edition), Chapter 18 (In-Building Emergency
Responder Communication Enhancement Systems) or as otherwise specified by the town.
In all new and existing buildings, as outlined in Section 633.202(18), Florida Statutes, that
cause a reduction of Emergency Responder Communication signals below the acceptable
level for reliable communications, a two-way radio enhancement system shall be required.
In buildings where phone jacks are required as part of an alarm system, a two-way radio
enhancement system shall be installed and maintained by the building owner, in lieu of
the phone jacks.
Sec. 9-33. Rubbish and linen chutes.
New buildings with a chute or chutes for trash, linen, or any other building services requires
fire sprinkler protection, and all such chutes shall be provided with a riser for the purposes
of complete isolation from the remainder of the building’s fire sprinkler system. The valve
to isolate the riser shall be supervised.
Sec. 9-34. Liquefied Petroleum Gas Containers.
All containers installed for the storage, handling, transportation, and use of liquefied
petroleum gas shall comply with the requirements of NFPA 58.
(1) Containers shall not be filled prior to rough-in inspection without the prior approval of
the fire chief or his/her designee.
(2) Underground tanks shall be visually inspected prior to back filling the location of
installation.
(3) Tanks installed within ten feet (10’) of a public vehicular thoroughfare or designated
parking location shall be provided with vehicular barrier protection.
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(4) Tanks installed under a driveway or designated parking area shall be a non-
interchangeable underground tank.
(5) Tanks installed under a driveway or designated parking area shall be provided with a
shroud that allows the tank to be installed at least eighteen inches (18”) below grade.
(6) Tanks installed under a driveway or designated parking area shall be provided with a
protective dome or cover, engineered to protect the tank valve assembly, and support
the weight of parked or moving vehicles.
ARTICLE III. ELEVATORS
Sec. 9-35. Dimensions and control of automatic elevators.
In all buildings three stories or more in height erected, after November 23, 1993, which
are equipped with automatic elevators, all elevators of the structure shall be arranged for
emergency use (firefighter's service) by department personnel. At all times, and
regardless of circumstances, elevators shall remain operable and available for emergency
use by department personnel. The control of all automatic elevators shall meet the
requirements as set forth under Chapter 61-5C, “Florida Elevator Safety Code,” Florida
Administrative Code. In addition to these requirements, the following specifications shall
be met:
(1) Emergency auxiliary power required.
(a) Emergency auxiliary electrical power shall be provided for all elevators equipped
with the key switch service for department personnel. The auxiliary power supply
shall be capable of supplying power to the elevators for a period of at least twenty-
four (24) hours. The auxiliary power supply shall be approved by the fire rescue
department.
(b) Emergency auxiliary power shall remain on for the service car in use by
firefighters regardless of selection switch devices, which may also be installed to
rotate emergency power to other cars in the building.
(c) No more than ten (10) seconds shall be required for the auxiliary power to be in
full operation and the operation of the emergency power supply shall
automatically transfer to the firefighters' service car.
(d) A maintenance schedule shall be maintained in the generator equipment room to
record all tests and operation of such auxiliary power equipment. At all times, the
records shall be posted and available to the fire rescue services department.
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(e) All auxiliary power equipment and automatic transfer apparatus shall be tested
weekly.
(f) For all buildings which are designed and constructed having multiple separate
towers, each tower shall be treated as though it were a separate building.
(2) Key switch operation (firefighter's service).
(a) As used in this section, authorized personnel shall mean the fire chief and any fire
rescue department officer designated in writing by the fire chief as authorized to
possess the standard emergency elevator control key or key to a keykeeper box.
(b) A keykeeper box shall be installed adjacent to all firefighter's service elevators.
The performance standards of the keykeeper box shall equal or exceed those of
the Bommer key-keeper box, type 5620, F2828, or the AF Florence Manufacturing
Company KK Series Key Keeper Box. The key keeper box shall be equipped with
a lock that can be opened with the Emergency Response Region 7 Key (Yale Key
No. R-80833-2006-7).
(c) The standard emergency elevator control key shall be issued only to authorized
personnel.
(d) All buildings constructed following the adoption of this code regardless of the
number of stories, shall use the emergency elevator control key for Emergency
Response Region 7 (Yale Key No. R-80833-2006-7).
(e) Any building having undergone "substantial improvement," as defined in Section
161.54(12), Florida Statutes, must comply with subsection 9-35(2)(b) of this
Code.
(f) All elevators in the town shall utilize the Emergency Response Region 7 (Yale
Key No. R-80833-2006-7) key for the keykeeper box lock.
(3) Minimum size and weight capacity.
(a) Elevators shall have a platform with dimensions of at least six feet (6’) deep by
five feet (5’), five inches (5”) wide.
(b) Elevators shall have minimum headroom inside the car of at least seven feet (7’),
six inches(6”).
(c) Doors to elevators shall be at least six feet (6’), eight inches (8’) high by three feet
(3’) wide.
(d) Elevators shall have a weight capacity of at least 3,500 pounds.
(4) Emergency access keys.
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(a) A standard emergency access door key shall be provided to the department for
all elevators.
(b) An emergency key slot shall be located on each door on every floor or landing on
which each elevator can stop.
(5) A sign shall be posted directly above each elevator door on every floor, stating: "In
Case of Fire: Use Exit Stairways—Do Not Use This Elevator."
(a) The sign shall be at least two and one-half (2½) inches high by three and one-half
(3½) inches wide.
(b) The letters shall be of a color that contrasts with background.
(6) Emergency use elevator to be identified.
(a) Any elevator provided with the fire rescue department key switch and emergency
power shall be identified by a sign of at least three inches (3”) wide by two inches
(2”) high displaying at least three-quarter (3/4) inch letters with the following
information: "Fire Rescue Services Department Emergency Power."
(b) The background of the sign shall be red with white letters.
(c) The sign shall be posted in the center of the door frame directly above the door
opening on the floor where the key switch is located.
ARTICLE IV. PERMITS
Sec. 9-36. Examination of building permits.
(1) This section shall not apply to single-family or duplex residential units, except where
the installation of fire suppression systems, fire alarm systems, or liquified petroleum
fuel tanks, are proposed, or are required by this code, the Florida Building Code or
the FFPC.
(2) Any plans and/or specification submitted as part of an application for any building
permit for new construction, demolition, moving of existing buildings, or renovation of
existing structures shall comply with Section 1.14 of the Florida Fire Prevention Code,
8th Edition, and Subtitle 61-G15 of the Florida Administrative Code, as applicable,
and examined and approved by the fire rescue department. Each set of plans and
specifications submitted for approval pursuant to this section must also include all
required fire permit applications.
(3) The fire rescue department shall provide review comments following rejection of any
submitted plans.
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(4) The owner of any new building or any existing building undergoing a level 2 or level 3
alteration, as defined by the Florida Building Code (“FBC”), or extensive modification
or reconstruction pursuant to the FFPC, shall provide floor plan drawings on a media
type specified by the fire rescue department for the purpose of pre-fire planning. This
shall be required prior to issuance of the temporary certificate of occupancy or
certificate of occupancy, as applicable.
Sec. 9-37. Permits, fee schedule.
The following enumerated installations and activities require a permit from the fire rescue
department. The applicable fees, as enumerated in the town municipal facilities and
services user fee schedule, shall be paid after the permit application is approved. Main
use building permits shall not be approved by the fire rescue services department for the
following uses until all necessary fire rescue department installation permits for special
systems and/or equipment have been applied for by the appropriate subcontractors and
issued by the fire rescue department, or as may be specifically approved by the fire chief
or a designee.
(1) Motor vehicle painting—Spray booths and bake ovens.
(2) Gas and fuel-oil-fired outdoor equipment.
(3) Elevators.
(4) Liquid petroleum or natural gas storage.
(5) Flammable or combustible liquid storage.
(6) Flammable or combustible liquid dispensing.
(7) Fire alarm systems.
(8) Fixed automatic fire protection systems.
(9) Automatic fire sprinkler systems.
(10) Standpipe systems, independent or part of sprinkler system.
(11) Fire pumps.
(12) Required emergency generators.
(13) Fire hydrant flow test.
(14) Hazardous substances storage.
(15) Fireworks display (see sec. 9-31).
(16) Outdoor burning (see sec. 9-3).
(17) BDA Systems – 2-way radio enhancement systems / Bi-Directional Amplification.
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Sec. 9-37. Work started without a permit.
(1) When work for which a permit is required by this chapter is started prior to issuance
of a fire rescue department permit, the permit fees herein specified shall be tripled.
(2) The payment of such fee shall not relieve any person from fully complying with the
requirements of this chapter in the execution of the work, nor from any other penalties
prescribed herein.
ARTICLE V. FIRE FLOW REQUIREMENTS
Sec. 9-38. Fire flow requirements.
(1) Intent. The intent of this section is to ensure an adequate water supply for fire
suppression by establishing minimum flow rates required to control and extinguish
fires that may occur within prescribed occupancy classifications. The requirements of
this section shall be applicable to public and private water systems, including
individual properties and land development projects.
(2) Required fire flow.
(a) The "required fire flow" is the rate of flow needed for firefighting purposes to
confine a major fire to the buildings within a block or other contiguous grouping.
The determination of this flow depends upon the size, construction, occupancy,
and exposure of buildings within and surrounding the block or group of buildings,
and upon the existence of automatic sprinkler protection. The determination of
required fire flow in each case shall be made by the fire chief, or a designee,
according to the criteria established by this section and by the Guide for
Determination of Required Fire Flow, published by the Insurance Services Office,
ISO Edition 06-2014, and as it may from time to time be amended, which are
adopted and incorporated herein by reference.
(b) The minimum required fire flow in the various zoning district cla ssifications shall
be as listed in Table I at the end of this section. Where conditions indicate that
consideration must be given to possible simultaneous fires, as determined by the
fire chief utilizing the criteria established or adopted herein, an additional 1,000 to
8,000 gallons per minute shall be required. However, the maximum fire flow
requirement for any system shall be 12,000 gallons per minute. The required
minimum duration for fire flow for private fire protection systems not serviced by
the town shall be as listed in Table II at the end of this section. All required fire
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flow rates shall be in addition to the water flow rates necessary to supply the
needs of normal flow demands.
(3) Normal flow demands. Flow demands for design systems shall be calculated based
on full ultimate development as known or projected. The average daily flow for
domestic use shall be calculated pursuant to normal flow demand criteria as detailed
in the town utilities services department standards manual.
(4) Fire hydrants and fire flow requirements; exemptions and qualifications; interim
criteria.
(a) All new buildings and all existing buildings being altered to increase the area,
height, or occupancy shall have available the required number of fire hydrants as
specified in Table III at the end of this section connected to a public water supply
which meets the fire flow requirements specified in Tables I and II at the end of
this section, except as follows:
1. All duplex and single-family detached homes not requiring water main
extensions for domestic purposes. For purposes of this subsection, "water
main extension" shall mean the extension of a water supply system by
installation and construction of a new water main, six inches (6”) in diameter
or larger, as required by the public utility.
2. Additions to existing buildings and accessory buildings not exceeding twenty-
five percent (25%) of the square footage of existing structure, but in no event
greater than 5,000 square feet.
3. Neighborhood shopping centers with buildings totaling an area of less than
100,000 square feet with no building under one roof of more than 10,000
square feet, with no building exceeding two stories in height, and with at least
twenty-five-foot (25’) separations between buildings, shall meet fire flow
requirements of at least 1,250 gallons per minute.
4. Individual industrial or commercial buildings or structures not part of a
neighborhood shopping center or industrial park, less than 5,000 square feet
in area, and with low or ordinary hazard content shall meet a fire flow
requirement of at least 750 gallons per minute.
(b) If the rate of fire flow required under the terms of this section is not available from
the public utility at the time of application for a building permit, and none of the
exemptions or qualifications in (a) through (c) above apply, then the following
interim criteria shall govern the issuance of building permits:
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1. Properties classified as having low hazard contents, and not exceeding two
(2) stories in height, will be required to provide a minimum of fifty percent
(50%) of the flow rate described in Table I for its zoning district at the end of
this section.
2. Properties classified as having ordinary hazard contents, and not exceeding
two (2) stories in height, will be required to provide a minimum of seventy
percent (70%) of the flow rate described in Table I for its zoning district at the
end of this section.
3. Properties classified as having low or ordinary hazard contents, and having
more than two (2) stories but not exceeding five (5) stories in height, will be
required to provide a minimum of seventy-five percent (75%) of the flow rate
described in Table I for its zoning district at the end of this section.
4. Properties classified as having high hazard contents will be required to
provide one hundred percent (100%) of the flow rate described in Table I for
its zoning district at the end of this section.
5. All properties, in excess of five (5) stories in height, will be required to provide
one hundred percent (100%) of the flow rate described in Table I for its zoning
district.
6. As used herein, "low hazard contents," "ordinary hazard contents" and "high
hazard contents" shall be defined as set forth in Florida Fire Prevention Code
NFPA 101 section 6-2.2, which section is adopted and incorporated herein by
reference.
7. In all cases of new construction where less than the flow rate described in
Table I at the end of this section is permitted pursuant to the provisions of (b)
above, engineering and construction of new facilities to meet the total fire flow
requirements as described in Table I will be provided so that at the time the
public utility is capable of providing full fire flow, the properties receiving the
flow will be capable of utilizing the full fire flow provided by the utility.
8. In all cases wherein the interim criteria of (b) above are utilized, no less than
a 500-gallon-per-minute fire flow shall be permitted for any type of improved
property, and all fire flow tests will be calculated with a minimum of twenty (20)
psi residual pressure remaining in the water main.
(5) Supplemental flow systems. If the minimum fire flow requirements set out in this
section cannot be met by the water supply utility, then the applicant for a building
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permit shall be required to supplement those flows through an on-site, or readily
available, system meeting the minimum fire flow requirements of this section and
meeting with the approval of the fire rescue services department.
(6) Extensions of time; bond. If the required fire flow is not available to allow an applicant
to obtain a certificate of occupancy, but it is determined by the fire rescue department
that system improvements are in process and are imminent so that the applicant will
be able to meet the fire flow requirements, then the fire rescue services department
may extend the time to meet the requirements of this section for an initial interim
period not to exceed ninety (90) days and may authorize a temporary certificate of
occupancy based thereon. In order to meet the fire flow requirements, a bond
sufficient to assure completion of the required system improvements shall be posted
by the applicant with the town manager. The amount of the bond shall be determined
by the fire rescue services department and shall be equivalent to two hundred (200)
percent of the cost to complete the fire flow improvements.
(7) Fire hydrants and fire hydrant branches.
(a) The location, number, and sizes of the fire hydrants, and fire hydrant branches,
shall be designated by the fire rescue department in accordance with Table III at
the end of this section.
(b) Fire hydrants of the approved municipal design and system pattern shall be
provided along all primary roadways and fire lanes throughout any proposed
project. When such development fronts on one or more existing public street(s),
fire hydrants shall be located along the public street(s) as well as throughout the
entire project. Spacing shall be measured along the actual route fire apparatus
will travel.
(c) Unobstructed access to fire hydrants, or on-site private systems, shall be provided
and maintained to accommodate firefighting apparatus.
(8) Distribution systems. The supply mains shall be of adequate size and have properly
arranged connections to the arterial mains, which shall extend throughout the system
and have numerous connections to the secondary feeders that supply the minor
distribution.
(9) Main sizes. Main sizes and system patterns shall be subject to approval of all
applicable agencies pursuant to fire and normal flow demand criteria. Design
standards shall be in conformance with current editions of the town utilities services
department standards manual.
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(10) Pressure. Sufficient pressures shall be provided within the system to maintain twenty
(20) psi residual pressure while providing required fire flows. In those cases where
system supply design and hydrant locations are capable of meeting full domestic,
commercial and fire flow demands, residual pressures of ten (10) psi will be permitted.
(11) Violations. No person shall:
(a) Use or operate any fire hydrant or other valve on any fire system that is intended
for use by the town for any purpose unless a fire hydrant use permit has been
issued by the town to such person and such person complies with the appropriate
provisions of Chapter 29 of the Town Code of Ordinances.
(b) Remove, tamper with, or otherwise disturb any fire hydrant or firefighting
appliance except for the purpose of extinguishing fires, firefighting training, or
making necessary repairs, without first obtaining written approval by the fire
rescue services department.
TABLE I. REQUIRED FIRE FLOWS BY ZONING CLASSIFICATION (Defined in Section
30-62 of the Town Code)
Zoning Districts Requirement
Group 1: RE (Residential Single-Family
Estate Zoning District), RS (Residential
Single-Family Zoning District)
The system shall deliver not less than 500
gallons per minute at 20 psi residual on the
system. Each fire hydrant shall deliver not
less than 500 gallons per minute.
Group 2: RML (Residential Multiple-Family
Low-Density Zoning District)
The system shall deliver not less than 1,000
gallons per minute at 20 psi residual on the
system. Each fire hydrant shall deliver not
less than 750 gallons per minute.
Group 3: RMM (Residential Multiple-Family
Medium-Density Zoning District)
The system shall deliver not less than 1,500
gallons per minute at 20 psi residual on the
system. Each fire hydrant shall deliver not
less than 750 gallons per minute.
Group 4: RMH (Residential Multiple-Family
High-Density Zoning District)
The system shall deliver not less than 2,000
gallons per minute at 20 psi residual on the
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Zoning Districts Requirement
system. Each fire hydrant shall deliver not
less than 750 gallons per minute.
Group 5: GSD (Government Service
Zoning District)
The system shall deliver not less than 2,000
gallons per minute at 20 psi residual on the
system. Each fire hydrant shall deliver not
less than 1,000 gallons per minute.
TABLE II. REQUIRED DURATION FOR FIRE FLOW
Required Fire Flow
(gallons per minute)
Required Duration
(hours)
10,000 and greater 10.00
9,500 9
9,000 9
8,500 8
8,000 8
7,500 7
7,000 7
6,500 6
6,000 6
5,500 5
5,000 5
4,500 4
4,000 4
3,500 3
3,000 3
2,500 and less 2
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TABLE III. FIRE HYDRANT SPACING
Districts
Hydrant
Spacing
(feet)
1.00 Multifamily structures 2 or more stories in height 300.00
2.00 Commercial, industrial, and similar structures regardless of height 300.00
3.00 Areas with multi-laned, divided highways (hydrants shall be provided along
both sides of such roads with the location of curb cuts and median cuts
considered)
400.00
4.00 Residential districts, single-family and duplex areas with dead-end streets 500.00
5.00 Residential districts, single-family and duplex areas with complete internal
circulation
600.00
6.00 Residential districts, cluster developments 1 story in height 400.00
ARTICLE VI. FIRE ALARMS AND AUTOMATIC FIRE EXTINGUISHING SYSTEMS
Sec. 9-39. Central station alarm disposition.
Alarm disposition between a central station and the fire rescue department may be
transmitted via any of the transmission modes approved by NFPA 72. However, the
maximum duration between the initiation of an alarm signal at the protected premise to
transmission to and receipt of the signal by the fire rescue department shall not exceed
ninety (90) seconds.
Sec. 9-40. Automatic fire-extinguishing and detection systems.
Any automatic or manual fire alarm signal system and automatic fire-extinguishing or
automatic fire detection system hereafter installed, in addition to complying with the Florida
Fire Prevention Code, the Florida Building Code, and the state fire marshal's rules and
regulations, shall be listed by a Nationally Recognized Testing Laboratory (“NRTL”)
approved in accordance with the provisions of Section 633.334, Florida Statutes, and shall
conform to the following requirements:
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(1) Any fire alarm system, automatic fire sprinkler system, smoke, ionization or heat
detection system, clean agent extinguishing system, automatic fire-extinguishing
devices, (except stand-alone automatic extinguishing systems in hoods and ducts),
installed in any occupancy, which may be required by applicable provisions of these
regulations, shall be so arranged that the normal operation of any required alarm-
initiating device or the operation of any automatic fire-extinguishing system shall
automatically transmit an alarm to a documented NRTL central station. Listing
documentation shall be submitted to the fire rescue department for review and
approval.
(2) A NRTL central station, in accordance with NFPA 72 (2019) Section 26.3, shall be
identified by the NRTL certificated service provider for all newly installed and required
fire alarm systems. An existing required fire alarm system, wherein the control panel
or alarm components are being replaced, shall be considered a new fire alarm system
for the purposes of this section, and such system shall meet the certificating
requirements of this code. NRTL listed central station service, in full compliance with
NFPA 72 (2019) Section 26.3, shall be maintained at the protected property, so long
as the requirement for the fire alarm system exists.
(3) All fire alarm signal systems, and automatic extinguishing and detection systems,
installed in accordance with this section shall be maintained under a written service
contract providing for regular maintenance and testing of the system in acco rdance
with the state fire marshal's rules and regulations. When the fire rescue department
determines a fire alarm system is out of service in need of repair, or where
confirmation is required to verify proper functioning of the system, the fire rescue
department shall request the response of a technician as required in NFPA 72 within
the timeframes specified therein, without consent from any building representative.
Failure to comply with such a request for a technician or runner is a violation of this
code.
(4) The service company performing the maintenance and tests shall forward a written
report to the fire rescue department indicating the nature of any deficiencies,
impairments, repairs, modifications, and/or corrections completed by the service
company, the date and time of such tests and inspections, and any other information,
which may be required by the fire and life safety division. In addition, a copy of the
service report shall be maintained in the fire protection closet or fire command room,
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or on the premises and it shall be subject to inspection by the fire rescue department
at any time.
(5) In accordance with NFPA 72 (2019), all fire alarm signal systems, automatic
extinguishing and/or detection systems shall be provided with an approved
annunciator panel. Annunciator panels, either remote or part of the FACP, shall be
equipped with an LCD display with a minimum eighty (80)-character capability,
designed to indicate the floor number and the section of the building reporting a fire
alarm or fire condition. Fire alarm system activation in multi-level/story
occupancies/buildings shall indicate an alarm condition on the floor of incident, one
floor below the floor of incident, and all levels above the floor of incident. Each alarm-
initiating device shall indicate an individual location on such annunciator. The alarm
initiating device shall indicate its individual location to the monitoring central station.
The annunciator shall respond to either manual or automatic devices, and all devices
within the system shall be connected to the annunciator. The location of the
annunciator panel shall be designated by the fire rescue department, and it shall be
so located as to be immediately available to the fire rescue department at all times.
Fire alarm systems installed solely for the purpose of monitoring a fire sprinkler
system shall be allowed upon the approval of the fire chief or his/her designee. In a
complex with multiple buildings, each building shall have its own transmitter for alarm
signal disposition to the central station.
(6) Carbon monoxide detection systems shall be required in buildings as provided in
NFPA 1, NFPA 101, and NFPA 72. Carbon monoxide levels shall be monitored in
new parking structures in addition to the requirements of NFPA 88A. In addition to
established requirements, carbon monoxide detection systems shall, upon the
detection of carbon monoxide levels above 99 ppm, send a supervisory signal to the
buildings fire alarm system panel, and any area attended to by security or staff.
Detection of carbon monoxide levels exceeding 199 ppm shall activate a fire alarm
signal to notify all occupants of the building and send a signal to central station.
Existing parking structures will be required to comply with this section upon
completion of a level 2 or level 3 alteration as defined in the Florida Building Code.
(7) All fire alarm signal and detection systems shall be provided with a secondary source
of power always available for use in the event of failure of the primary power supply
to insure continuous operation of the system, pursuant to the requirements of NFPA
72 Section 10.6 (2019).
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(8) Pre-signal fire alarm systems shall not be permitted.
(9) A change in service provider or a transmitter requires a permit and verification by the
fire department that the alarm system is reporting the appropriate signals to the
central station as required by code.
(10) Communications methods shall comply with the requirements of NFPA 72 (2019 ed.),
Chapter 26, and shall be approved by the fire chief or designee.
Sec. 9-41. Alarm registration.
All required fire alarm systems must comply with the requirements of Chapter 9 of the
Town Code. All fields on the alarm registration form shall be filled out in their entirety, and
a copy of the form shall be posted adjacent to the fire alarm panel.
Sec. 9-42. Fire alarm installation permits.
(1) The fire rescue department shall issue a fire alarm installation permit after receiving
and approving a completed fire alarm application, plans, and required supporting
documentation, and only after it is determined the fire alarm system meets the criteria
of this section. The reason underlying a permit denial shall be documented on the
town permitting system and be provided to the applicant.
(2) The fire alarm system shall be installed in compliance with the Fire Alarm/Central
Station Applicable Regulations and Official Policies Guidelines of the fire rescue
department.
Sec. 9-43. - Fire alarm system certification requirements.
(1) The applicant for a required fire alarm installation permit shall submit to fire rescue
services department for review, along with the permit application, documentation
listing the NRTL central station for the alarm system and provide documentation of
NRTL certification at time of acceptance testing of the fire alarm system or added
components.
(2) The applicant must demonstrate that the fire alarm monitoring will be performed by a
NRTL certified/listed central station.
(3) All required NRTL certificated/listed fire alarm systems must maintain NRTL
compliance and NRTL monitoring.
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Sec. 9-44. False alarms.
False alarms are defined, and fees, therefore, are as provided for in Chapter 9 of the Town
Code.
Sec. 9-45. Limitation of liability.
Neither the town nor any of its officers and agents shall be under any obligation or duty to
an alarm user or to any other person. The town specifically disclaims liability for any
damages, injuries, or losses caused by or resulting from a failure to respond to an alarm.
ARTICLE VII. FIRE PROTECTION SYSTEMS
Sec. 9-46. Applicability.
Chapter 9, Fire Protection Systems, of the Florida Building Code is supplemented as
follows:
(1) The requirements of this article shall apply to all newly constructed buildings,
structures, and installations.
(2) The requirements of this article shall also apply to any existing building or structure if
a level 2 or level 3 alteration occurs, as defined in the Florida Building Code.
Sec. 9-47. Definitions.
For the purpose of this article, the following words, terms, and phrases shall have the
meanings given in this section, unless the context clearly indicates otherwise:
Approved double check valve assembly is an assembly of two (2) independently
operating check valves with Outside Stem and Yoke (“O.S. & Y”) valves on each side of
the check valves, plus properly located test cocks for the testing of each check valve. The
assembly shall be listed in the "UL Fire Protection Equipment Directory" under "Backflow
Special Check Valve Devices (BAEU)." The O.S. & Y valves shall be listed in the "UL Fire
Protection Equipment Directory" under "Gate Valve (HMRZ)." The assembly shall be
installed in the horizontal position, outside, above ground and shall be readily accessible
for maintenance, testing and inspection. The O.S. & Y valves shall be supervised with
properly installed tamper switches connected to the fire alarm system. The O.S. & Y valves
shall also be secured with a chain and two interlocked padlocks, one of which shall be a
Master lock, issued by the fire department, painted red, for fire rescue department access.
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Fire Rescue Services department connections shall not be directly attached to the
assembly.
Approved dual check valve assembly is a listed assembly of two (2) independently
operating check valves. For fire main use a single O.S. & Y valve shall be installed on the
supply side of the approved dual check valve. The O.S. & Y valve shall serve as the main
control valve for the fire protection system. The assembly shall be installed in the
horizontal position, outside, above ground, and shall be readily accessible for
maintenance and inspection. The O.S. & Y valve shall be secured with a chain and a
Master lock, issued by the fire department.
Fire main is that pipe, and its appurtenances, on private property between a source
of water and the base of the riser for the automatic fire sprinkler systems, open fire
sprinkler systems, fixed water spray systems, fire standpipe systems and/or inlets to
firefighting foam making systems. When connected to the public water system, the fire
main begins at the supply side of the approved double check valve assembly or the
approved dual check valve assembly. On NFPA 13D systems, the fire main begins at the
point where the water supply line for the fire sprinkler system splits from the domestic
water service.
Sec. 9-48. Backflow prevention for fire protection systems.
An approved DDCV assembly shall be installed on all fire mains serving all structures,
except single-family homes and duplexes, as provided in NFPA 13, NFPA 13R and NFPA
13D. An approved dual check valve assembly shall be installed on all fire mains serving
one- and two-family dwellings (NFPA 13D).
Previously approved post indicator valves (“PIV”) shall be kept locked with a #2396
key Master lock. Previously approved PIV’s shall be changed to double detector check
valve (“DDCV”) assemblies meeting the requirements of this section when they are
determined to be out of service and in need of replacement.
Sec. 9-49. Fire mains.
Fire main taps connected to the public water system shall be sized for, and serve, only
the building for which they were installed. Fire main taps shall not be shared with other
buildings. Fire mains shall be constructed of class 52 ductile iron pipe (DIP) or other pipe
UL listed for underground fire main use, as approved by the fire rescue department. Fire
main taps may be shared only where a single fire pump is shared in accordance with
section 9-50. Fire mains shall only enter a building above ground and through an exterior
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wall. Fire mains shall not run under foundations or footers. In high-rise buildings (as
defined in the Florida Fire Prevention Code and the Florida Building Code), fire main
configurations shall be in accordance with the Florida Building Code, Chapter 4. Any
alternative fire main configurations shall be subject to the approval of the fire chief or
designee at the time of initial permit application.
Sec. 9-50. Fire pumps.
Fire pumps installed in buildings to meet requirements for standpipes or hydraulic demand
of the fire sprinkler system shall be provided with a secondary source of power (emergency
generator) if such system is provided. Fire pumps shall serve only the building or structure
for which they were installed and shall not be shared with other buildings or structures,
except that a single fire pump may be shared between a building and up to two (2) parking
structures if all the following are provided:
(a) All buildings and structures are under the same ownership.
(b) A "unity of title" for the buildings and structures is provided before the installation
permit is issued.
(c) The fire mains serving each building/structure are installed underground in
accordance with NFPA 24, and this article.
Sec. 9-51. Fire protection system closet.
(1) A fire protection system closet shall be provided for all buildings and structures
equipped with a fire alarm or fire sprinkler protection.
(a) The closet shall house the fire sprinkler system riser, all appropriate control
valves, all appropriate flow and tamper switches, the fire alarm system control
panel, annunciator panel, annunciator map/legend and the transmitter/control
unit. As provided in the FFPC and NFPA 72, portions of the fire alarm system may
be located elsewhere in the building subject to approval by the fire rescue
department.
(b) The annual fire alarm registration and copies of the most recent fire alarm, and
fire sprinkler, inspection reports shall be posted in the closet.
(c) The closet shall not be used for storage and shall not be used for any other
electrical, plumbing, or mechanical equipment.
(d) The minimum size of the closet shall be two feet (2’) deep by four feet (4’) wide,
which shall be increased to accommodate the provided equipment.
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(e) The closet shall be separated from all other portions of the building with one (1)-
hour fire resistive construction as a minimum. The closet shall be located along
an outside wall near the fire primary fire department access, at grade, with access
from an outside swinging door, which need not be fire rated.
(f) The door shall be labeled with a sign that reads "Fire Protection Closet." The
closet shall be kept locked at all times. A key box approved by the fire and life
safety division shall be installed on the outside wall, within three feet (3’) of the
closet. The key box shall be installed forty-two inches (42") to forty-eight inches
(48") above grade. The key box shall be sized appropriately such that the keys,
access cards, fobs, and other contents fit inside in a manner that is practical for
fire rescue department personnel to open and close with ease. The key box shall
contain a key to access the closet, all the keys necessary to control the fire alarm
system, and keys to access the building and other important areas, including but
not limited to, electrical rooms, fire pump rooms, elevator machine rooms, roof
access, hazardous materials storage areas, etc. The property owner may provide
additional keys for access to other areas of the building as appropriate.
(g) A weatherproof horn/strobe or speaker/strobe shall be installed directly above the
key box at a height easily seen upon approach to the area.
(h) The closet shall be designed and constructed so as to provide and maintain an
air-conditioned temperature of no greater than eighty (80) degrees Fahrenheit.
(2) Fire protection system closets are not required in high rise buildings and other
buildings where a fire pump room and a fire control room are required or provided.
Fire protection system closets are not required for fire sprinkler systems provided in
single family homes and duplexes.
Sec. 9-52. - Fire rescue services department connections (FDC).
(1) A single 2½-inch freestanding fire rescue department connection located within fifty
(50) feet of a fire hydrant shall be provided on all NFPA 13R fire sprinkler systems
with twenty (20) or more fire sprinkler heads.
(2) A double (Siamese) 2½-inch freestanding fire rescue department connection located
within fifty (50) feet of fire hydrant shall be provided on all NFPA 13 fire sprinkler
systems with twenty (20) or more fire sprinkler heads.
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(3) Two double (Siamese) 2½-inch freestanding fire rescue department connections,
each located within fifty (50) feet of a fire hydrant shall be provided on all the following
fire sprinkler systems:
(a) Light hazard and ordinary hazard NFPA 13 fire sprinkler systems with four
hundred (400) or more fire sprinkler heads.
(b) Extra hazard NFPA 13 fire sprinkler systems with two hundred (200) or more fire
sprinkler heads.
(c) On special fire protection systems or situations as designated by the fire chief or
designee.
(4) Multiple fire rescue services connections shall be installed in locations as remote as
possible from each other, as approved by the fire chief or designee.
Sec. 9-53. Hose connections as a part of fire sprinkler systems.
(1) Approved 2½-inch fire department hose connections, in accordance with NFPA 13
sec. 8.16.5.2, shall be installed in buildings and structures as follows:
(a) All one (1)-story buildings with a floor area of 52,000 square feet or more.
(b) All two (2)-story buildings with a combined floor area of 52,000 square feet or
more.
(c) All three (3)-story buildings with a combined floor area of 52,000 square feet or
more.
(2) Hose connections shall be fed from an adjoining sprinkler zone on the same floor or
from a sprinkler zone on a different floor. Hose connections may be fed directly from
the riser ahead of a zone valve. All hose connections, including those that are part of
a standpipe system, shall be installed at locations approved by the fire chief or
designee, such that all areas of the building can be reached with one hundred feet
(100’) of hose and twenty-five feet (25’) of fire stream throw. Hose connections shall
be equipped with caps to protect hose threads.
(3) Class I standpipe systems shall be provided with 2½" hose connections in the
following locations:
(a) On the inside of the stairwell at each landing.
(b) On the outside of the stairwell at each landing.
(c) On each side of the wall adjacent to the opening of horizontal exits.
(d) On the roof, near the point where the stairwell terminates. This shall be a double
2½" hose connection. It shall be provided with a UL or FM listed gauge.
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(e) At other locations required by the fire chief or a designee.
(4) All standpipe systems permitted and installed shall be a manual wet system, or
automatic wet system, based on occupancy code requirements, as defined by the
FBC or NFPA 14, Standard for the Installation of Standpipe and Hose Systems.
Sec. 9-54. Automatic Wet Fire Sprinklers.
(1) All new buildings or structures, including one- and two-family dwellings, 7,500 square
feet and larger shall be provided with a wet automatic fire sprinkler system in
accordance with the requirements in NFPA 13, 13R, or 13D.
(2) All new buildings or structures, including one- and two-family dwellings, three (3) or
more occupiable stories in height shall be provided with a wet automatic fire sprinkler
system in accordance with the requirements in NFPA 13, 13R, or 13D).
ARTICLE VIII. ENFORCEMENT
Sec. 9-55. Enforcement authority.
The fire chief or his/her designee shall have the authority to conduct investigations and to
do all other things necessary to enforce the provisions in this chapter.
Sec. 9-56. Violations.
Failure to comply with any provisions of this chapter shall be deemed a violation.
Sec. 9-57. Penalty for violations.
Any person or entity violating the provisions of this chapter shall be punishable as provided
in the Florida Fire Prevention Code, and as otherwise authorized by the town code,
including, but not limited to, section 1-9 and through the initiation of code enforcement
proceedings.
Section 3. The Town Commission hereby repeals Section 35-11, “Florida Fire Prevention
Code,” in its entirety.
Section 4. Severability. The provisions of this Ordinance are declared to be severable
and if any section, sentence, clause, or phrase of this Ordinance shall for any reason be held to
be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections,
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sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the
legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.
Section 5. Repeal of Laws in Conflict. All ordinances or parts of ordinances in conflict
herewith are hereby repealed to the extent of such conflict.
Section 6. Codification. Section 2 of the Ordinance shall be made a part of the Town
Code of Ordinance and may be re-numbered or re-lettered to accomplish such.
Section 7. Effective Date. This Ordinance shall be effective immediately upon adoption
at second reading and shall apply prospectively only.
The foregoing Ordinance was moved by __________________________________, seconded
by ________________________________ and upon being put to the vote, the vote was as
follows:
AYE NAY
Mayor Natasha Moore ____ ____
Vice Mayor David Stern ____ ____
Commissioner Don Peters ____ ____
Commissioner Judith Goldberg ____ ____
Commissioner Evalyn David ____ ____
PASSED on first reading at the Regular Commission meeting held on this _____ day of
_________________, 2023.
The foregoing Ordinance was moved by _________________________________, seconded
by ________________________________ and upon being put to the vote, the vote was as
follows:
AYE NAY
Mayor Natasha Moore ____ ____
Vice Mayor David Stern ____ ____
Commissioner Don Peters ____ ____
Commissioner Judith Goldberg ____ ____
Commissioner Evalyn David ____ ____
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PASSED AND ADOPTED on second and final reading at the Regular Commission meeting held
on this _____ day of _________________, 2023.
ATTEST:
By:
Lanelda Gaskins, MMC
Town Clerk
APPROVED AS TO FORM AND LEGALITY:
By: _________________________________
Glen J. Torcivia, Town Attorney
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TOWN OF HIGHLAND BEACH
AGENDA MEMORANDUM
MEETING TYPE: Town Commission Meeting
MEETING DATE July 18, 2023
SUBMITTED BY: Matt Welhaf, Assistant Fire Chief
SUBJECT: AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA,
ADOPTING THE CURRENT EDITION OF THE FLORIDA FIRE
PREVENTION CODE AND PROVIDING FOR LOCAL AMENDMENTS;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT;
PROVIDING FOR SEVERABILITY AND CODIFICATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
SUMMARY:
The Town is in the process of adopting an update to our local fire prevention ordinance.
Pursuant to Chapter 633, Florida Statutes, every three years the State Fire Marshal adopts an
updated Florida Fire Prevention Code, which establishes the statewide minimum fire safety
code and incorporates Florida editions of the National Fire Protection Association’s Fire Code
(NFPA 1 Fire Code) and Life Safety Code (NFPA 101 Life Safety Code).
The Florida Fire Prevention Code adopted by the State Fire Marshal shall be deemed adopted
by, and shall be enforced by, local governments with fire safety responsibilities as the minimum
fire safety code. Local governments are authorized to adopt more stringent local amendments
to the Florida Fire Prevention Code, which strengthen the requirements of the minimum fire
safety code.
Attached are the proposed local amendments for the Town of Highland Beach to the Florida
Fire Prevention Code, which were prepared by Town Staff and the Fire Marshal.
The ordinance is before the Commission for introduction and discussion. The first reading is
scheduled for August 1st, 2023. Based upon approval of the first reading, the ordinance will
then be advertised in accordance with Florida statutes and presented to the Commission for
second read/final adoption on August 15th, 2023.
FISCAL IMPACT:
N/A
ATTACHMENTS:
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Proposed Ordinance
Town of Highland Beach Local Amendments to the Florida Fire Prevention Code
RECOMMENDATION:
Commission discussion.
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TOWN OF HIGHLAND BEACH
PROPOSED ORDINANCE
AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA,
REPEALING CHAPTER 9, “FIRE PREVENTION AND PROTECTION,”
OF THE TOWN CODE OF ORDINANCES IN ITS ENTIRETY AND
SIMULTANEOUSLY ADOPTING A NEW CHAPTER 9 TO REFERENCE
THE CURRENT EDITION OF THE FLORIDA FIRE PREVENTION CODE
AND ADOPT LOCAL AMENDMENTS THERETO; REPEALING
SECTION 35-11, “FLORIDA FIRE PREVENTION CODE ,” OF THE
TOWN CODE OF ORDINANCES; PROVIDING FOR THE REPEAL OF
ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY
AND CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Town of Highland Beach, Florida (the “Town”), is a duly constituted
municipality having such power and authority conferred upon it by the Fl orida Constitution and
Chapter 166, Florida Statutes; and
WHEREAS, the Town is in the process of establishing a Fire Rescue Department
responsible for overseeing and enforcing the Florida Fire Prevention Code within the Town; and
WHEREAS, pursuant to Chapter 633, Florida Statutes, every three years the State Fire
Marshall adopts an updated Florida Fire Prevention Code, which establishes the statewide
minimum fire safety code and incorporates Florida editions of the National Fire Protection
Association’s Fire Code (NFPA 1 Fire Code) and Life Safety Code (NFPA 101 Life Safety Code);
and
WHEREAS, Chapter 633, Florida Statutes, provides that the updated Florida Fire
Prevention Code adopted by the State Fire Marshall shall be deemed adopted by, and shall be
enforced by, local governments with fire safety responsibilities as the minimum fire safety code;
and
WHEREAS, Chapter 633, Florida Statutes authorizes local governments to adopt more
stringent local amendments to the Florida Fire Prevention Code which stre ngthen the
requirements of the minimum fire safety code; and
WHEREAS, Town Staff and the Town’s Fire Marshal have recommended that the Town
adopt the most recent version of the Florida Fire Prevention Code and local amendments to the
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Code, and the Town Commission determines that such local amendments are more stringent
than and strengthen the minimum fire safety code and that the adoption of such amendments
serves a public purpose and is in the best interest of the public health, safety , and welfare of the
Town of Highland Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN
OF HIGHLAND BEACH, FLORIDA, AS FOLL OWS:
Section 1. The foregoing facts and recitations contained in the preamble to this
Ordinance are hereby adopted and incorporated by reference as if fully set forth herein.
Section 2. The Town Commission hereby repeals Chapter 9, “Fire Prevention and
Protection,” of the Town Code of Ordinances in its entirety and simultaneously adopts a new
Chapter 9 to read as follows:
ARTICLE I. CODES AND STANDARDS
Sec. 9-1. Codes and Standards—Adopted.
(1) The town adopts by reference and incorporates into this code as though fully set
out herein, that certain code known as the Florida Fire Prevention Code (8th
edition) (“FFPC”), except as provided in this chapter.
(2) The town adopts by reference and incorporates into this code, as though fully set
out herein, those additional specific standards and codes published by the National
Fire Protection Agency (“NFPA”) and set forth below:
NFPA 18 2017 Standard for Wetting Agents
NFPA 22 2018 Standard for Water Tanks for Private Fire Protection
NFPA 53 2016 Recommended Practice on Materials, Equipment, and Systems Used
in Oxygen-Enriched Atmospheres
NFPA 67 2019 Guide on Explosive Protection for Gaseous Mixtures in Pipe Systems
NFPA 69 2019 Standard on Explosion Protection Systems
NFPA 102 2016 Standard for Grandstands, Folding and Telescopic Seating, Tents, and
Membrane Structures
NFPA 105 2019 Standard for Smoke Control Door Assemblies and Other Opening
Protectives
NFPA 115 2020 Standard for Laser Fire Protection
NFPA 140 2018 Standard for Motion Picture and TV Production Facilities
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NFPA 160 2016 Standard for the Use of Flame Effects Before an Audience
NFPA 170 2018 Standard for Fire Safety and Emergency Symbols
NFPA 204 2018 Standard for Smoke and Heat Venting
NFPA 241 2019 Standard for Safeguarding Construction, Alteration, and Demolition
Operations
NFPA 287 2017 Standard Test Methods for Flammability of Materials in Clean Rooms
NFPA 291 2019 Recommended Practice for Fire Flow Testing and Marking of Hydrants
NFPA 302 2020 Fire Protection Standard for Pleasure and Commercial Motor Craft
NFPA 306 2019 Standard for Control of Gas Hazards on Vessels
NFPA 496 2017 Standard for Purged Pressurized Enclosures for Electrical Equipment
NFPA 502 2020 Standard for Road Tunnels, Bridges, and Limited Access Highways
NFPA 601 2020 Standard for Security Services in Fire Loss Prevention
NFPA 720 2015 Standard for the Installation of Carbon Monoxide (CO) Detection and
Warning Equipment
NFPA 780 2020 Standard for the Installation of Lightning Protection Systems
NFPA 801 2020 Standard for Facilities Handling Radioactive Materials
NFPA 820 2020 Standard for Fire Protection and Wastewater Treatment and Collection
Facilities
NFPA 914 2019 Code for the Protection of Historic Structures
NFPA 1225 2022 Standard for Emergency Services Communication
NFPA 1961 2020 Standard on Fire Hose
NFPA 1962 2018 Standard for Care, Use, Inspection, Service Testing, and Replacement
of Fire Hose, Couplings, Nozzles, and Fire Hose Appliances
NFPA 2001 2018 Standard on Clean Agent Fire Extinguishing Systems
Sec. 9-2. Inspections, Testing, and Maintenance.
The town hereby adopts the following local amendments to the FFPC:
(1) All systems, equipment, tanks, piping, devices, appliances, controls, or storage
facilities over which the code contains regulatory provisions, or which are required
by any other law shall always be maintained in a working, compliant condition.
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(2) All fire sprinklers, standpipe, fire pump, and all other fire suppression systems shall
be maintained under a written service contract with service companies licensed by
the State of Florida to provide such services. Regular inspection, maintenance , and
testing of these required systems shall be completed in accordance with the
applicable standards specified under the FFPC, NFPA 1, NFPA 13, 13D, 13R,
NFPA 14, NFPA 17, NFPA 17A. NFPA 20, NFPA 24, NFPA 25, NFPA 33, NFPA
90A and 90B, NFPA 91, NFPA 92, NFPA 92A and 92B, NFPA 96, and NFPA 2001,
and all state laws and local ordinances. All reports related to fire protection system
inspection, testing, and maintenance shall be reported to the f ire rescue
department, through an internet-based fire inspection reporting system approved
by the town. Any report not submitted through the town’s internet reporting system
will not be accepted.
(3) The service company performing the inspections, maintenance and tests referred
to in subsection (2) above shall forward all reports to the fire rescue department
detailing:
(a) The nature of any deficiencies and/or impairments identified and the repai rs,
modifications and/or corrections completed by the service company ;
(b) The date and time of all inspections, maintenance, tests, and repairs; and
(c) Any other information that may be requested or required by the town’s fire
rescue services department.
(4) A copy of all required inspection and deficiency reports shall be provided to the
building representative and kept in the fire command room , fire protection closet (if
provided), or at a designated location approved by the fire marshal. The reports
shall be available at all times to fire rescue personnel.
ARTICLE II. HAZARDOUS MATERIALS.
Sec. 9-3. Response to discharges of hazardous substances—Response costs.
(1) For the purpose of this section, the following words and phrases sha ll have the
meanings given herein:
(a) Discharge shall mean any intentional or unintentional action or omission resulting
in the releasing, spilling, pumping, pouring, emitting, emptying, or dumping of a
hazardous substance upon public or private propert y located within the corporate
limits of the town.
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(b) Hazardous substances shall mean any substances or materials in a quantity or
form which, in the determination of the town, poses an unreasonable and
imminent risk to the life, health, safety , or welfare of persons or property within
the town, or poses a risk of harm to the environment, and shall include but not be
limited to those substances listed in the National Fire Protection Association
Guide on Hazardous Materials, the Environmental Protection Agency's list of
extremely hazardous substances (40 C.F.R. § 335 Appx. A), or the Florida
Substance List promulgated by the Florida Department of Economic Opportunity.
(c) Response actions shall mean any activity which is carried out in response to any
discharge or potential discharge of a hazardous substance, including:
1. Actions necessary for the cleanup or removal of discharged hazardous
substances from the environment;
2. Actions necessary to reduce and/or eliminate the threat of discharge of
hazardous substances into the environment;
3. Actions necessary to investigate, monitor, assess, and evaluate the
discharge or potential discharge of hazardous substances;
4. Actions necessary for the disposal of removed material; and
5. Actions necessary to prevent, minimize, or mitigate damage to the public
health, safety, or welfare or to the environm ent, which may otherwise result
from a discharge or threatened discharge. Response actions also include
the provision of security fencing or other means to limit access, the
provision of alternative water supplies, temporary evacuation of potential
individuals, and restoration of the site to pre-discharge conditions.
(d) Response costs shall mean any costs incurred in undertaking response actions.
Response costs shall not include costs incurred for actual fire suppression
services which are regularly prov ided by the town or its authorized agents,
except where a fire is caused or exacerbated by discharge of hazardous
materials.
(2) The town is hereby authorized to undertake response actions in the event of
discharges or potential discharges of hazardous substances upon or into public or
private property or facilities located within the corporate limits of the town.
(3) When engaging in a response action caused by the unauthorized discharge or
potential discharge of hazardous substances, the town shall keep a detailed record
of the response costs.
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(4) Any person or entity responsible for causing or allowing an unauthorized discharge
or potential discharge of hazardous substances that requires response actions by
the town or its authorized agents shall reimburse the town for the full cost of all
response actions. Reimbursement shall be made within thirty (30) days after
receipt of an itemized bill for response costs from the town.
(6) Any person or entity responsible for causing or allowing an unauthorized discharge
or potential discharge of hazardous substances that results in the town incurring
response costs and who fails to reimburse the town for such response costs within
the time set forth herein shall be subject to a late fee in the amount of ten percent
(10%) of the total amount of the response costs after thirty (30) days. Thereafter,
the late fee assessed on the unpaid balance shall be increased by two percent
(2%) for each additional thirty (30) day period until the full amount, including any
applic able late fee, is paid.
(7) The remedy provided for in this section shall be supplemental to and in addition to
all other available remedies at law or in equity.
ARTICLE III. GENERAL PROVISIONS
Sec. 9-4. Burning permit.
It shall be unlawful for anyone to set a fire on any lot, street, alley or other public or private
place within the corporate limits of the town without first obtaining a permit to do so from
the fire rescue department and paying all fees specified in the town’s municipal facilities
and services user fee schedule. The application shall be obtained from the department,
and it shall be reviewed for approval or rejection by the chief of the department or his/her
designee. Approved permits may be revoked by the department at any time if it is deemed
by the department, in its sole discretion, that changes in weather or other circumstances
render the fire a hazard or dangerous to the public in any manner.
Sec. 9-5. Illegal storage.
A determination that storage is illegal or in violation of this or other NFPA code(s) shall be
at the discretion of the f ire chief or his/her designee. Illegal storage, for the purpose of this
section, includes any material stored in an electrical room, in front of major electr ical
panels, fire pump rooms, fire command rooms (other than what is permitted by the Florida
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Building Code and the FFPC), fire protection closet, and similar areas. Such areas shall
be provided with signs indicating “No Storage.”
Sec. 9-6. Premises identification.
All new and existing buildings shall include signage that identifies the building address. All
such signs shall be permanent and shall meet the requirements NFPA 1. All such signage
shall be placed on buildings in such a manner that their addr ess numbers are plainly
legible and visible from the road or street fronting the property.
Sec. 9-7. Unit and Suite Identification.
All apartment units, condominium units, and business suites located in buildings,
regardless of occupancy type, shall include signage that identifies their number (or any
other identifying designation). All such signs shall be permanent and shall meet the
requirements NFPA 1. Units shall be distinguished and identified using numbers or letters,
or a combination thereof, in sequence. Proposed numbering or lettering schemes shall be
subject to review and approval by the fire chief or his/her designee. Identification signs
shall be located on the door of the unit, or the wall adjacent to the unit, such that it is visible
and legible to approaching fire rescue personnel. Signs located on a fire rated door or fire
rated wall shall not compromise the rating of the door or wall and shall not conflict with
manufacturers recommendations.
Sec. 9-8 Directional/Wayfinding Signs.
Approved directional signs shall be provided in corridors and other areas of the building,
as required to assist fire rescue service personnel. The location of directional signs shall
be at the discretion of the fire chief or his/her designee.
Sec. 9-9 thru 9-25 - Reserved.
Sec. 9-26. Fire lanes on private property.
(1) For the purpose of this chapter, a "fire lane" shall mean a space sufficient in width
and length to permit the parking of fire trucks and other firefighting apparatus and
located nearest to, or at the best location to permit firefighting operations for, a
building or structure.
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(2) Fire lanes shall be established and maintained on private property where the public
has the right to travel by motor vehicle and where the public is permitted by
invitation or by license to travel by motor vehicle, to the extent that any such fire
lane is necessary for the department to access buildings by fire trucks or other
firefighting apparatus, as more specifically provided in FFPC , NFPA 1, Chapter 18.
“Private property where the public has the right to travel by motor vehicle and where
the public is permitted by invitation or by license to travel by motor vehicle” shall
mean all parking lots, shopping plazas, and shopping centers, as well as all
commercial, industrial, single family, and multi-family residential areas.
(3) After notification by the fire rescue department to establish fire lanes on a particular
property, the owner or person in possession and control of the property shall submit
a site plan for the fire lanes on the property to the fire department for review and
approval of the design and location of the fire lanes. The site plan shall be drawn
to scale and shall show all related buildings, driveways, streets, and other
information necessary to evaluate the sufficiency of the fire lanes.
(4) Approval of fire lanes by the fire rescue department shall constitute authorization
for the person owning, or in possession and control of, any such property to install
required official signs and necessary pavement markings prohibiting the stopping,
standing, or parking of motor vehicles within the fire lanes, and the posting of the
fire lanes as tow-away zones. Such signs and necessary pavement marking and
striping shall be furnished and installed by the ow ner or person in possession and
control of the property at their own cost. The owner or person in possession and
control of the property shall thereafter be responsible for the maintenance of the
signs, markings, and striping of the required fire lanes.
(5) All fire lane signs required by and installed pursuant to this section shall have red
lettering, not less than two inches (2”) or more than three inches (3”) in height, on
a white background. Each sign shall be twelve inches (12”) wide by eighteen inches
(18”) in height and shall be consistent with the manual on uniform traffic control
devices of the state department of transportation and Chapter 18 of NFPA 1, 8th
edition).
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Sec. 9-27. Use of outdoor cooking appliances.
(1) This section shall apply to all buildings and structures, except two-family dwellings
of one-story design, and single-family dwellings. This section shall not apply to
commercial cooking appliances.
(2) For the purpose of this section, an outdoor cooking appliance shall mean any
portable and non-portable cooking appliance, grill, stove, or smoker, fueled, or
powered by electricity, wood, charcoal, liquefied petroleum gas, natural gas,
gasoline, kerosene, naphtha, alcohol, or other liquid or gaseous fuel.
(3) Outdoor cooking appliances shall be operated a minimum of ten feet (10’) from the
exterior of buildings or structures.
(4) It shall be unlawful for any person to use or cause to be used any outdoor cooking
appliance on any balcony, within any screened enclosure, in any covered parking
area, in any corridor or hallway, under any overhang or within any area of any
building or structure; notwithstanding the foregoing, a tabletop or countertop
electric grill, with a cooking surface that is two hundred (200) square inches or less
in size, may be used on a balcony, as long as the balcony is not enclosed or within
a screened enclosure. This requirement also applies to one-and two-family
dwellings.
Sec. 9-28. Closing of private driveways, roadways, and entrances.
It shall be unlawful for any person to have or cause to have any driveway, roadway , or
entrance barricaded or blocked by obstacles which would interfere with the response of
the fire rescue department or other emergency vehicles. If an existing building requires a
change of access, the owners shall provide revised life safety plans and obtain a permit
from the town.
Sec. 9-29. Processes deemed hazardous to life and property.
(1) The fire chief or fire marshal may issue an order for the immediate cessa tion of any
activity, operation, or process, when such operation, activity, or process constitutes
a severe and immediate hazard to persons or property.
(2) No person who, after being served with either a verbal or written order to cease
such severe and immediate hazardous activity, operation, or process, shall fail or
refuse to comply with such an order.
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Sec. 9-30. Evacuation of occupied buildings or structures.
In accordance with the Florida Fire Prevention Code, NFPA 1, sec. 1.7.16, the fire chief,
the fire marshal, a fire inspector, or any department officer may order the immediate
evacuation of any occupied building or structure or assembly area when such building,
structure or assembly area is deemed hazardous due to a fire hazard, obstruction to ex its,
overcrowding of the premises, or any other hazard or potential which presents immediate
and life-threatening danger to the occupants. The premises, or any portion thereof, may
not be reoccupied until it has been examined and deemed free of the hazard or potential
hazard that caused the evacuation to be ordered.
Sec. 9-31. Fireworks, pyrotechnic special effects, flame effects.
(1) The discharge, firing or use of the following fireworks products are prohibited inside
buildings, tents, structures, and other enclosed spaces:
(a) Firecrackers, rockets, torpedoes, roman candles or other fireworks or substances
designed and intended for pyrotechnic display, and of cap guns, starter pistols,
canes, cannons, or other appliances (other than a “firearm” as defined in Fla. Stat.
§ 790.001) using blank cartridges or caps containing chlorate or potash mixture;
(b) Pyrotechnic special effects including, but are not limited to, chemical mixtures
used in the entertainment industry to produce visible, audible, or thermal effects
by combustion, deflagration, or detonation; and
(c) Flame effects including, but not limited to, batons, and/or torches fueled by liquid,
solid or gaseous fuels, flame projectors which produce heat effects and/or flames,
flash powders composed of fuel(s) and oxidizer(s), flares. and similar devices.
(2) Except as provided in section 791.08, Florida Statutes, a permit shall be obtained
from the town manager or his/her designee, prior to any outdoor use of fireworks,
pyrotechnic special effects, flame effects, and/or any other fireworks item identified in
section 1 above. The application for a permit shall be on a town form and payment of
an application fee shall be required. The town manager or his/her designee may
include conditions in the permit, including but not limited to additional inspection fees,
to ensure compliance with all applicable requirements herein and state law or to
protect the public health, safety, and welfare.
(3) The permit applicant shall furnish with its application proof of financial responsibility in
the form of liability insurance. Such liability insurance shall have a minimum of
$1,000,000.00 coverage for each occurrence and shall provide coverage for all claims
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for damages to property or personal injuries, including death, arising out of the use of
the fireworks. Additionally, the applicant shall provide the town with an endorsement
from its insurer that names the town, and its officers and employees, as an additional
insured and shall otherwise be in a form acceptable to the town.
(4) The outdoor use of fireworks shall be in accordance with NFPA 1123 and NFPA 1124.
Sec. 9-32. Public Safety Radio Communication System.
In all newly constructed buildings, a minimum radio signal strength for public safety radio
signals shall be required within the building. Installation and signal strength shall be the
minimum requirements per NFPA 1225 (2022 edition), Chapter 18 (In-Building Emergency
Responder Communication Enhancement Systems) or as otherwise specified by the town.
In all new and existing buildings, as outlined in Section 633.202(18), Florida Statutes, that
cause a reduction of Emergency Responder Communication signals below the acceptable
level for reliable communications, a two-way radio enhancement system shall be required.
In buildings where phone jacks are required as part of an alarm system, a two-way radio
enhancement system shall be installed and maintained by the building owner, in lieu of
the phone jacks.
Sec. 9-33. Rubbish and linen chutes.
New buildings with a chute or chutes for trash, linen, or any other building services requires
fire sprinkler protection, and all such chutes shall be provided with a riser for the purposes
of complete isolation from the remainder of the building’s fire sprinkler system. The valve
to isolate the riser shall be supervised.
Sec. 9-34. Liquefied Petroleum Gas Containers.
All containers installed for the storage, handling, transportation, and use of liquefied
petroleum gas shall comply with the requirements of NFPA 58.
(1) Containers shall not be filled prior to rough-in inspection without the prior approval of
the fire chief or his/her designee.
(2) Underground tanks shall be visually inspected prior to back filling the location of
installation.
(3) Tanks installed within ten feet (10’) of a public vehicular thoroughfare or designated
parking location shall be provided with vehicular barrier protection.
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(4) Tanks installed under a driveway or designated parking area shall be a non -
interchangeable underground tank.
(5) Tanks installed under a driveway or designated parking area shall be provided with a
shroud that allows the tank to be installed at least eighteen inches (18”) below grade.
(6) Tanks installed under a driveway or designated parking area shall be provided with a
protective dome or cover, engineered to protect the tank valve assembly, and support
the weight of parked or moving vehicles.
ARTICLE III. ELEVATORS
Sec. 9-35. Dimensions and control of automatic elevators.
In all buildings three stories or more in height erected, after November 23, 1993, which
are equipped with automatic elevators, all elevators of the structure shall be arranged for
emergency use (firefighter's service) by department personnel. At all times, and
regardless of circumstances, elevators shall remain operable and available for emergency
use by department personnel. The control of all automatic elevators shall meet the
requirements as set forth under Chapter 61-5C, “Florida Elevator Safety Code,” Florida
Administrative Code. In addition to these requirements, the following specifications shall
be met:
(1) Emergency auxiliary power required.
(a) Emergency auxiliary electrical power shall be provided for all elevators equipped
with the key switch service for department personnel. The auxiliary power supply
shall be capable of supplying power to the elevators for a period of at least twenty -
four (24) hours. The auxiliary power supply shall be approved by the fire rescue
department.
(b) Emergency auxiliary power shall remain on for the service car in use by
firefighters regardless of selection switch devices, which may also be installed to
rotate emergency power to other cars in the building.
(c) No more than ten (10) seconds shall be required for the auxiliary power to be in
full operation and the operation of the emergency power supply shall
automatically transfer to the firefighters' service car.
(d) A maintenance schedule shall be maintained in the generator equipment room to
record all tests and operation of such auxiliary power equipment. At all times, the
records shall be posted and available to the fire rescue services department.
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(e) All auxiliary power equipment and automatic transfer apparatus shall be tested
weekly.
(f) For all buildings which are designed and constructed having multiple separate
towers, each tower shall be treated as though it were a separate building.
(2) Key switch operation (firefighter's service).
(a) As used in this section, authorized personnel shall mean the f ire c hief and any f ire
rescue department officer designated in writing by the f ire chief as authorized to
possess the standard emergency elevator control key or key to a keykeeper box.
(b) A keykeeper box shall be installed adjacent to all firefighter's service elevators.
The performance standards of the keykeeper box shall equal or exceed those of
the Bommer key -keeper box, type 5620, F2828, or the AF Florence Manufacturing
Company KK Series Key Keeper Box. The key keeper box shall be equipped with
a lock that can be opened with the Emergency Response Region 7 Key (Yale Key
No. R-80833-2006-7).
(c) The standard emergency elevator control key shall be issued only to authorized
personnel.
(d) All buildings constructed following the adoption of this code regardless of the
number of stories, shall use the emergency elevator control key for Emergency
Response Region 7 (Yale Key No. R -80833-2006-7).
(e) Any building having undergone "substantial improvement," as defined in Section
161.54(12), Florida Statutes, must comply with subsection 9-35(2)(b) of this
Code.
(f) All elevators in the town shall utilize the Emergency Response Region 7 (Yale
Key No. R-80833-2006-7) key for the keykeeper box lock.
(3) Minimum size and weight capacity.
(a) Elevators shall have a platform with dimensions of at least six feet (6’) deep by
five feet (5’), five inches (5”) wide.
(b) Elevators shall have minimum headroom inside the car of at least seven feet (7’),
six inches(6”).
(c) Doors to elevators shall be at least six feet (6’), eight inches (8’) high by three feet
(3’) wide.
(d) Elevators shall have a weight capacity of at least 3,500 pounds.
(4) Emergency access keys.
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(a) A standard emergency access door key shall be provided to the department for
all elevators.
(b) An emergency key slot shall be located on each door on every floor or landing on
which each elevator can stop.
(5) A sign shall be posted directly above each elevator door on every floor, stating: "In
Case of Fire: Use Exit Stairways—Do Not Use This Elevator."
(a) The sign shall be at least two and one-half (2½) inches high by three and one-half
(3½) inches wide.
(b) The letters shall be of a color that contrasts with background.
(6) Emergency use elevator to be identified.
(a) Any elevator provided with the fire rescue department key switch and emergency
power shall be identified by a sign of at least three inches (3”) wide by two inches
(2”) high displaying at least three-quarter (3/4) inch letters with the following
information: "Fire Rescue Services Department Emergency Power."
(b) The background of the sign shall be red with white letters.
(c) The sign shall be posted in the center of the door frame directly above the door
opening on the floor where the key switch is located.
ARTICLE IV. PERMITS
Sec. 9-36. Examination of building permits.
(1) This section shall not apply to single-family or duplex residential units, except where
the installation of fire suppression systems, fire alarm systems, or liquified petroleum
fuel tanks, are proposed, or are required by this code, the Florida Building Code or
the FFPC.
(2) Any plans and/or specification submitted as part of an application for any building
permit for new construction, demolition, moving of existing buildings, or renovation of
existing structures shall comply with Section 1.14 of the Florida Fire Prevention Code,
8th Edition, and Subtitle 61-G15 of the Florida Administrative Code, as applicable,
and examined and approved by the fire rescue department. Each set of plans and
specifications submitted for approval pursuant to this section must also include all
required fire permit applications.
(3) The fire rescue department shall provide review comments following rejection of any
submitted plans.
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(4) The owner of any new building or any existing building undergoing a level 2 or level 3
alteration, as defined by the Florida Building Code (“FBC”), or extensive modification
or reconstruction pursuant to the FFPC, shall provide floor plan drawings on a media
type specified by the fire rescue department for the purpose of pre-fire planning. This
shall be required prior to issuance of the temporary certificate of occupancy or
certificate of occupancy, as applicable.
Sec. 9-37. Permits, fee schedule.
The following enumerated installations and activities require a permit from the f ire rescue
department. The applicable fees, as enumerated in the town municipal facilities and
services user fee schedule, shall be paid after the permit application is approved. Main
use building permits shall not be approved by the fire rescue services department for the
following uses until all necessary fire rescue department installation permits for special
systems and/or equipment have been applied for by the appropriate subcontractors and
issued by the fire rescue department, or as may be specifically approved by the fire chief
or a designee.
(1) Motor vehicle painting—Spray booths and bake ovens.
(2) Gas and fuel-oil-fired outdoor equipment.
(3) Elevators.
(4) Liquid petroleum or natural gas storage.
(5) Flammable or combustible liquid storage.
(6) Flammable or combustible liquid dispensing.
(7) Fire alarm systems.
(8) Fixed automatic fire protection systems.
(9) Automatic fire sprinkler systems.
(10) Standpipe systems, independent or part of sprinkler system.
(11) Fire pumps.
(12) Required emergency generators.
(13) Fire hydrant flow test.
(14) Hazardous substances storage.
(15) Fireworks display (see sec. 9-31).
(16) Outdoor burning (see sec. 9-3).
(17) BDA Systems – 2-way radio enhancement systems / Bi-Directional Amplification.
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Sec. 9-37. Work started without a permit.
(1) When work for which a permit is required by this chapter is started prior to issuance
of a fire rescue department permit, the permit fees herein specified shall be tripled.
(2) The payment of such fee shall not relieve any person from fully complying with the
requirements of this chapter in the execution of the work, nor from any other penalties
prescribed herein.
ARTICLE V. FIRE FLOW REQUIREMENTS
Sec. 9-38. Fire flow requirements.
(1) Intent. The intent of this section is to ensure an adequate water supply for fire
suppression by establishing minimum flow rates required to control and extinguish
fires that may occur within prescribed occupancy classifications. The requirements of
this section shall be applicable to public and private water systems, including
individual properties and land development projects.
(2) Required fire flow.
(a) The "required fire flow" is the rate of flow needed for firefighting purposes to
confine a major fire to the buildings within a block or other contiguous grouping.
The determination of this flow depends upon the size, construction, occupancy,
and exposure of buildings within and surrounding the block or group of buildings,
and upon the existence of automatic sprinkler protection. The determination of
required fire flow in each case shall be made by the fire chief, or a designee,
according to the criteria established by this section and by the Guide for
Determination of Required Fire Flow, published by the Insurance Services Office,
ISO Edition 06-2014, and as it may from time to time be amended, which are
adopted and incorporated herein by reference.
(b) The minimum required fire flow in the various zoning district classifications shall
be as listed in Table I at the end of this section. Where conditions indicate that
consideration must be given to possible simultaneous fires, as determined by the
fire chief utilizing the criteria established or adopted herein, an additional 1,000 to
8,000 gallons per minute shall be required. However, the maximum fire flow
requirement for any system shall be 12,000 gallons per minute. The required
minimum duration for fire flow for private fire protection systems not serviced by
the town shall be as listed in Table II at the end of this section. All required fire
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flow rates shall be in addition to the water flow rates necessary to supply the
needs of normal flow demands.
(3) Normal flow demands. Flow demands for design systems shall be calculated based
on full ultimate development as known or projected. The average daily flow for
domestic use shall be calculated pursuant to normal flow demand criteria as detailed
in the town utilities services department standards manual.
(4) Fire hydrants and fire flow requirements; exemptions and qualifications; interim
criteria.
(a) All new buildings and all existing buildings being altered to increase the area,
height, or occupancy shall have available the required number of fire hydrants as
specified in Table III at the end of this section connected to a public water supply
which meets the fire flow requirements specified in Tables I and II at the end of
this section, except as follows:
1. All duplex and single-family detached homes not requiring water main
extensions for domestic purposes. For purposes of this subsection, "water
main extension" shall mean the extension of a water supply system by
installation and construction of a new water main, six inches (6”) in diameter
or larger, as required by the public utility.
2. Additions to existing buildings and accessory buildings not exceeding twenty -
five percent (25%) of the square footage of existing structure, but in no event
greater than 5,000 square feet.
3. Neighborhood shopping centers with buildings totaling an area of less than
100,000 square feet with no building under one roof of more than 10,000
square feet, with no building exceeding two stories in height, and with at least
twenty -five-foot (25’) separations between buildings, shall meet fire flow
requirements of at least 1,250 gallons per minute.
4. Individual industrial or commercial buildings or structures not part of a
neighborhood shopping center or industrial park, less than 5,000 square feet
in area, and with low or ordinary hazard content shall meet a fire flow
requirement of at least 750 gallons per minute.
(b) If the rate of fire flow required under the terms of this section is not available from
the public utility at the time of application f or a building permit, and none of the
exemptions or qualifications in (a) through (c) above apply, then the following
interim criteria shall govern the issuance of building permits:
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1. Properties classified as having low hazard contents, and not exceeding two
(2) stories in height, will be required to provide a minimum of fifty percent
(50%) of the flow rate described in Table I for its zoning district at the end of
this section.
2. Properties classified as having ordinary hazard contents, and not exceeding
two (2) stories in height, will be required to provide a minimum of seventy
percent (70%) of the flow rate described in Table I for its zoning district at the
end of this section.
3. Properties classified as having low or ordinary hazard contents, and hav ing
more than two (2) stories but not exceeding five (5) stories in height, will be
required to provide a minimum of seventy -five percent (75%) of the flow rate
described in Table I for its zoning district at the end of this section.
4. Properties classified as having high hazard contents will be required to
provide one hundred percent (100%) of the flow rate described in Table I for
its zoning district at the end of this section.
5. All properties, in excess of five (5) stories in height, will be required to provide
one hundred percent (100%) of the flow rate described in Table I for its zoning
district.
6. As used herein, "low hazard contents," "ordinary hazard contents" and "high
hazard contents" shall be defined as set forth in Florida Fire Prevention Code
NFPA 101 section 6-2.2, which section is adopted and incorporated herein by
reference.
7. In all cases of new construction where less than the flow rate described in
Table I at the end of this section is permitted pursuant to the provisions of (b)
above, engineering and construction of new facilities to meet the total fire flow
requirements as described in Table I will be provided so that at the time the
public utility is capable of providing full fire flow, the properties receiving the
flow will be capable of utilizing the full fire flow provided by the utility.
8. In all cases wherein the interim criteria of (b) above are utilized, no less than
a 500-gallon-per-minute fire flow shall be permitted for any type of improved
property, and all f ire flow tests will be calculated with a minimum of twenty (20)
psi residual pressure remaining in the water main.
(5) Supplemental flow systems. If the minimum fire flow requirements set out in this
section cannot be met by the water supply utility, then the applicant for a building
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permit shall be required to supplement those flows through an on-site, or readily
available, system meeting the minimum fire flow requirements of this section and
meeting with the approval of the fire rescue services department.
(6) Extensions of time; bond. If the required fire flow is not available to allow an applicant
to obtain a certificate of occupancy, but it is determined by the fire rescue department
that system improvements are in process and are imminent so that the applicant will
be able to meet the fire flow requirements, then the fire rescue services department
may extend the time to meet the requirements of this section for an initial interim
period not to exceed ninety (90) days and may authorize a temporary certificate of
occupancy based thereon. In order to meet the fire flow requirements, a bond
sufficient to assure completion of the required system improvements shall be posted
by the applicant with the town manager. The amount of the bond shall be determined
by the fire rescue services department and shall be equivalent to two hundred (200)
percent of the cost to complete the fire flow improvements.
(7) Fire hydrants and fire hydrant branches.
(a) The location, number, and sizes of the fire hydrants, and fire hydrant branches,
shall be designated by the fire rescue department in accordance with Table III at
the end of this section.
(b) Fire hydrants of the approved municipal design and system pattern shall be
provided along all primary roadways and fire lanes throughout any proposed
project. When such development fronts on one or more existing public street(s),
fire hydrants shall be located along the public street(s) as well as throughout the
entire project. Spacing shall be measured along the actual route fire apparatus
will travel.
(c) Unobstructed access to fire hydrants, or on-site private systems, shall be provided
and maintained to accommodate firefighting apparatus.
(8) Distribution systems. The supply mains shall be of adequate size and have properly
arranged connections to the arterial mains, which shall extend throughout the system
and have numerous connections to the secondary feeders that supply the minor
distribution.
(9) Main sizes. Main sizes and system patterns shall be subject to approval of all
applicable agencies pursuant to fire and normal flow demand criteria. Design
standards shall be in conformance with current editions of the town utilities services
department standards manual.
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(10) Pressure. Sufficient pressures shall be provided within the system to maintain twenty
(20) psi residual pressure while providing required fire flows. In those cases where
system supply design and hydrant locations are capable of meeting full domestic,
commercial and f ire flow demands, residual pressures of ten (10) psi will be permitted.
(11) Violations. No person shall:
(a) Use or operate any fire hydrant or other valve on any fire system that is intended
for use by the town for any purpose unless a fire hydrant use permit has been
issued by the town to such person and such person complies with the appropriate
provisions of Chapter 29 of the Town Code of Ordinances.
(b) Remove, tamper with, or otherwise disturb any fire hydrant or firefighting
appliance except for the purpose of extinguishing fires, firefighting training, or
making necessary repairs, without first obtaining written approval by the fire
rescue services department.
TABLE I. REQUIRED FIRE FLOWS BY ZONING CLASSIFICATION (Defined in Section
30-62 of the Town Code)
Zoning Districts Requirement
Group 1: RE (Residential Single-Family
Estate Zoning District), RS (Residential
Single-Family Zoning District)
The system shall deliver not less than 500
gallons per minute at 20 psi residual on the
system. Each fire hydrant shall deliver not
less than 500 gallons per minute.
Group 2: RML (Residential Multiple-Family
Low -Density Zoning District)
The system shall deliver not less than 1,000
gallons per minute at 20 psi residual on the
system. Each fire hydrant shall deliver not
less than 750 gallons per minute.
Group 3: RMM (Residential Multiple-Family
Medium -Density Zoning District)
The system shall deliver not less than 1,500
gallons per minute at 20 psi residual on the
system. Each fire hydrant shall deliver not
less than 750 gallons per minute.
Group 4: RMH (Residential Multiple-Family
High-Density Zoning District)
The system shall deliver not less than 2,000
gallons per minute at 20 psi residual on the
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Zoning Districts Requirement
system. Each fire hydrant shall deliver not
less than 750 gallons per minute.
Group 5: GSD (Government Service
Zoning District)
The system shall deliver not less than 2,000
gallons per minute at 20 psi residual on the
system. Each fire hydrant shall deliver not
less than 1,000 gallons per minute.
TABLE II. REQUIRED DURATION FOR FIRE FLOW
Required Fire Flow
(gallons per minute)
Required Duration
(hours)
10,000 and greater 10.00
9,500 9
9,000 9
8,500 8
8,000 8
7,500 7
7,000 7
6,500 6
6,000 6
5,500 5
5,000 5
4,500 4
4,000 4
3,500 3
3,000 3
2,500 and less 2
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TABLE III. FIRE HYDRANT SPACING
Districts
Hydrant
Spacing
(feet)
1.00 Multifamily structures 2 or more stories in height 300.00
2.00 Commercial, industrial, and similar structures regardless of height 300.00
3.00 Areas with multi-laned, divided highways (hydrants shall be provided along
both sides of such roads with the location of curb cuts and median cuts
considered)
400.00
4.00 Residential districts, single-family and duplex areas with dead-end streets 500.00
5.00 Residential districts, single-family and duplex areas with complete internal
circulation
600.00
6.00 Residential districts, cluster developments 1 story in height 400.00
ARTICLE VI. FIRE ALARMS AND AUTOMATIC FIRE EXTINGUISHING SYSTEMS
Sec. 9-39. Central station alarm disposition.
Alarm disposition between a central station and the fire rescue department may be
transmitted via any of the transmission modes approved by NFPA 72. However, the
maximum duration between the initiation of an alarm signal at the protected premise to
transmission to and receipt of the signal by the fire rescue department shall not exceed
ninety (90) seconds.
Sec. 9-40. Automatic fire-extinguishing and detection systems.
Any automatic or manual fire alarm signal system and automatic fire-extinguishing or
automatic fire detection system hereafter installed, in addition to complying with the Florida
Fire Prevention Code, the Florida Building Code, and the state fire marshal's rules and
regulations, shall be listed by a Nationally Recognized Testing Laboratory (“NRTL”)
approved in accordance with the provisions of Section 633.334, Florida Statutes, and shall
conform to the following requirements:
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(1) Any fire alarm system, automatic fire sprinkler system, smoke, ionization or heat
detection system, clean agent extinguishing system, automatic fire -extinguishing
devices, (except stand-alone automatic extinguishing systems in hoods and ducts),
installed in any occupancy, which may be required by applicable provisions of these
regulations, shall be so arranged that the normal operation of any required alarm -
initiating device or the operation of any automatic fire-extinguishing system shall
automatically transmit an alarm to a docum ented NRTL central station. Listing
documentation shall be submitted to the fire rescue department for review and
approv al.
(2) A NRTL central station, in accordance with NFPA 72 (2019) Section 26.3, shall be
identified by the NRTL certificated service provider for all newly installed and required
fire alarm systems. An existing required fire alarm system, wherein the control panel
or alarm components are being replaced, shall be considered a new fire alarm system
for the purposes of this section, and suc h system shall meet the certificating
requirements of this code. NRTL listed central station service, in full compliance with
NFPA 72 (2019) Section 26.3, shall be maintained at the protected property, so long
as the requirement for the fire alarm system exists.
(3) All fire alarm signal systems, and automatic extinguishing and detection systems,
installed in accordance with this section shall be maintained under a written service
contract providing for regular maintenance and testing of the system in acco rdance
with the state fire marshal's rules and regulations. When the fire rescue department
determines a fire alarm system is out of service in need of repair, or where
confirmation is required to verify proper functioning of the system, the fire rescue
department shall request the response of a technician as required in NFPA 72 within
the timeframes specified therein, without consent from any building representative.
Failure to comply with such a request for a technician or runner is a violation of this
code.
(4) The service company performing the maintenance and tests shall forward a written
report to the fire rescue department indicating the nature of any deficiencies,
impairments, repairs, modifications, and/or corrections completed by the service
company, the date and time of such tests and inspections, and any other information,
which may be required by the fire and life safety division. In addition, a copy of the
service report shall be maintained in the fire protection closet or fire command room,
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or on the premises and it shall be subject to inspection by the fire rescue department
at any time.
(5) In accordance with NFPA 72 (2019), all fire alarm signal systems, automatic
extinguishing and/or detection systems shall be provided with an approved
annunciator panel. Annunciator panels, either remote or part of the FACP, shall be
equipped with an LCD display with a minimum eighty (80)-character capability,
designed to indicate the floor number and the section of the building reporting a fire
alarm or fire condition. Fire alarm system activation in multi-level/story
occupancies/buildings shall indicate an alarm condition on the floor of incident, one
floor below the floor of incident, and all levels above the floor of incident. Each alarm -
initiating device shall indicate an individual location on such annunciator. The alarm
initiating device shall indicate its individual location to the monitoring central station.
The annunciator shall respond to either manual or automatic devices, and all devices
within the system shall be connected to the annunciator. The location of the
annunciator panel shall be designated by the fire rescue department, and it shall be
so located as to be immediately available to the fire rescue department at all times.
Fire alarm systems installed solely for the purpose of monitoring a fire sprinkler
system shall be allowed upon the approval of the fire chief or his/her designee. In a
complex with multiple buildings, each building shall have its own transmitter for alarm
signal disposition to the central station.
(6) Carbon monoxide detection systems shall be required in buildings as provided in
NFPA 1, NFPA 101, and NFPA 72. Carbon monoxide levels shall be monitored in
new parking structures in addition to the requirements of NFPA 88A. In addition to
established requirements, carbon monoxide detection systems shall, upon the
detection of carbon monoxide levels above 99 ppm, send a supervisory signal to the
buildings fire alarm system panel, and any area attended to by security or staff.
Detection of carbon monoxide levels exceeding 199 ppm shall activate a fire alarm
signal to notify all occupants of the building and send a signal to central station.
Existing parking structures will be required to comply with this section upon
completion of a level 2 or level 3 alteration as defined in the Florida Building Code.
(7) All fire alarm signal and detection systems shall be provided with a secondary source
of power always available for use in the event of failure of the primary power supply
to insure continuous operation of the system, pursuant to the requirements of NFPA
72 Section 10.6 (2019).
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(8) Pre-signal fire alarm systems shall not be permitted.
(9) A change in service provider or a transmitter requires a permit and verification by the
fire department that the alarm system is reporting the appropriate signals to the
central station as required by code.
(10) Communications methods shall comply with the requirements of NFPA 72 (2019 ed.),
Chapter 26, and shall be approved by the f ire chief or designee.
Sec. 9-41. Alarm registration.
All required fire alarm systems must comply with the requirements of Chapter 9 of the
Town Code. All fields on the alarm registration form shall be filled out in their entirety, and
a copy of the form shall be posted adjacent to the fire alarm panel.
Sec. 9-42. Fire alarm installation permits.
(1) The fire rescue department shall issue a fire alarm installation permit after receiving
and approving a completed fire alarm application, plans, and required supporting
documentation, and only after it is deter mined the fire alarm system meets the criteria
of this section. The reason underlying a permit denial shall be documented on the
town permitting system and be provided to the applicant.
(2) The fire alarm system shall be installed in compliance with the Fire Alarm/Central
Station Applicable Regulations and Official Policies Guidelines of the fire rescue
department.
Sec. 9-43. - Fire alarm system certification requirements.
(1) The applicant for a required fire alarm installation permit shall submit to fire rescue
services department for review, along with the permit application, documentation
listing the NRTL central station for the alarm system and provide documentation of
NRTL certification at time of acceptance testing of the fire alarm system or added
components.
(2) The applicant must demonstrate that the fire alarm monitoring will be performed by a
NRTL certified/listed central station.
(3) All required NRTL certificated/listed fire alarm systems must maintain NRTL
compliance and NRTL monitoring.
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Sec. 9-44. False alarms.
False alarms are defined, and fees, therefore, are as provided for in Chapter 9 of the Town
Code.
Sec. 9-45. Limitation of liability.
Neither the town nor any of its officers and agents shall be under any obligation or duty to
an alarm user or to any other person. The town specifically disclaims liability for any
damages, injuries, or losses caused by or resulting f rom a failure to respond to an alarm.
ARTICLE VII. FIRE PROTECTION SYSTEMS
Sec. 9-46. Applicability.
Chapter 9, Fire Protection Systems, of the Florida Building Code is supplemented as
follows:
(1) The requirements of this article shall apply to all newly constructed buildings,
structures, and installations.
(2) The requirements of this article shall also apply to any existing building or structure if
a level 2 or level 3 alteration occurs, as defined in the Florida Building Code.
Sec. 9-47. Definitions.
For the purpose of this article, the following words, terms, and phrases shall have the
meanings given in this section, unless the context clearly indicates otherwise:
Approved double check valve assembly is an assembly of two (2) independently
operating check valves with Outside Stem and Yoke (“O.S. & Y”) valves on each side of
the check valves, plus properly located test cocks for the testing of each check valve. The
assembly shall be listed in the "UL Fire Protection Equipment D irectory" under "Backflow
Special Check Valve Devices (BAEU)." The O.S. & Y valves shall be listed in the "UL Fire
Protection Equipment Directory" under "Gate Valve (HMRZ)." The assembly shall be
installed in the horizontal position, outside, above ground and shall be readily accessible
for maintenance, testing and inspection. The O.S. & Y valves shall be supervised with
properly installed tamper switches connected to the fire alarm system. The O.S. & Y valves
shall also be secured with a chain and two inte rlocked padlocks, one of which shall be a
Master lock , issued by the fire department, painted red, for fire rescue department access.
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Fire Rescue Services department connections shall not be directly attached to the
assembly.
Approved dual check valve assembly is a listed assembly of two (2) independently
operating check valves. For fire main use a single O.S. & Y valve shall be installed on the
supply side of the approved dual check valve. The O.S. & Y valve shall serve as the main
control valve for the fire protection system. The assembly shall be installed in the
horizontal position, outside, above ground, and shall be readily accessible for
maintenance and inspection. The O.S. & Y valve shall be secured with a chain and a
Master lock , issued by the fire department.
Fire main is that pipe, and its appurtenances, on private property between a source
of water and the base of the riser for the automatic fire sprinkler systems, open fire
sprinkler systems, fixed water spray systems, fire standpipe systems and/or inlets to
firefighting foam making systems. When connected to the public water system, the fire
main begins at the supply side of the approved double check valve assembly or the
approved dual check valve assembly. On NFPA 13D systems, the fire main begi ns at the
point where the water supply line for the fire sprinkler system splits from the domestic
water service.
Sec. 9-48. Backflow prevention for fire protection systems.
An approved DDCV assembly shall be installed on all fire mains serving all struct ures,
except single-family homes and duplexes, as provided in NFPA 13, NFPA 13R and NFPA
13D. An approved dual check valve assembly shall be installed on all fire mains serving
one- and two-family dwellings (NFPA 13D).
Previously approved post indicator valves (“PIV”) shall be kept locked with a #2396
key Master lock. Previously approved PIV’s shall be changed to double detector check
valve (“DDCV”) assemblies meeting the requirements of this section when they are
determ ined to be out of service and in need of replacement.
Sec. 9-49. Fire mains.
Fire main taps connected to the public water system shall be sized for, and serve, only
the building for which they were installed. Fire main taps shall not be shared with other
buildings. Fire mains shall be constructed of class 52 ductile iron pipe (DIP) or other pipe
UL listed for underground fire main use, as approved by the fire rescue department. Fire
main taps may be shared only where a single fire pump is shared in accorda nce with
section 9-50. Fire mains shall only enter a building above ground and through an exterior
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wall. Fire mains shall not run under foundations or footers. In high-rise buildings (as
defined in the Florida Fire Prevention Code and the Florida Building Code), fire main
configurations shall be in accordance with the Florida Building Code, Chapter 4 . Any
alternative fire main configurations shall be subject to the approval of the fire chief or
designee at the time of initial permit application.
Sec. 9-50. Fire pumps.
Fire pumps installed in buildings to meet requirements for standpipes or hydraulic demand
of the fire sprinkler system shall be provided with a secondary source of power (emergency
generator) if such system is provided. Fire pumps shall serve only the building or structure
for which they were installed and shall not be shared with other buildings or structures,
except that a single fire pump may be shared between a building and up to two (2) parking
structures if all the following are provided:
(a) All buildings and structures are under the same ownership.
(b) A "unity of title" for the buildings and structures is provided before the installation
permit is issued.
(c) The fire mains serving each building/structure are installed underground in
accordance with NFPA 24, and this article.
Sec. 9-51. Fire protection system closet.
(1) A fire protection system closet shall be provided for all buildings and structures
equipped with a fire alarm or fire sprinkler protection.
(a) The closet shall house the fire sprinkler system riser, all appropriate control
valves, all appropriate flow and tamper switches, the fire alarm system control
panel, annunciator panel, annunciator map/legend and the transmitter/control
unit. As provided in the FFPC and NFPA 72, portions of the fire alarm system may
be located elsewhere in the building subject to approval by the fire rescue
department.
(b) The annual fire alarm registration and copies of the most recent fire alarm, and
fire sprinkler, inspection reports shall be posted in the closet.
(c) The closet shall not be used for storage and shall not be used for any other
electrical, plumbing, or mechanical equipment.
(d) The minimum size of the closet shall be two feet (2’) deep by four feet (4’) wide,
which shall be increased to accommodate the provided equipment.
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(e) The closet shall be separated from all other portions of the building with one (1)-
hour fire resistive construction as a minimum. The closet shall be located along
an outside wall near the fire primary fire department access, at grade, with access
from an outside swinging door, which need not be fire rated.
(f) The door shall be labeled with a sign that reads "Fire Protection Closet." The
closet shall be kept locked at all times. A key box approved by the fire and life
safety division shall be installed on the outside wall, within three feet (3’) of the
closet. The key box shall be installed forty -two inches (42") to forty -eight inches
(48") above grade. The key box shall be sized appropriately such that the keys,
access cards, fobs, and other contents fit inside in a manner that is practical for
fire rescue department personnel to open and close with ease. The key box shall
contain a key to access the closet, all the keys necessary to control the fire alarm
system, and keys to access the building and other important areas, including but
not limited to, electrical rooms, fire pump rooms, elevator machine rooms, roof
access, hazardous materials storage areas, etc. The property owner may provide
additional keys for access to other areas of the building as appropriate.
(g) A weatherproof horn/strobe or speaker/strobe shall be installed directly above the
key box at a height easily seen upon appr oach to the area.
(h) The closet shall be designed and constructed so as to provide and maintain an
air-conditioned temperature of no greater than eighty (80) degrees Fahrenheit.
(2) Fire protection system closets are not required in high rise buildings a nd other
buildings where a fire pump room and a fire control room are required or provided.
Fire protection system closets are not required for fire sprinkler systems provided in
single family homes and duplexes.
Sec. 9-52. - Fire rescue services department connections (FDC).
(1) A single 2½-inch freestanding fire rescue department connection located within fifty
(50) feet of a fire hydrant shall be provided on all NFPA 13R fire sprinkler systems
with twenty (20) or more fire sprinkler heads.
(2) A double (Siamese) 2½-inch freestanding fire rescue department connection located
within fifty (50) feet of fire hydrant shall be provided on all NFPA 13 fire sprinkler
systems with twenty (20) or more fire sprinkler heads.
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(3) Two double (Siamese) 2½-inch freestanding fire rescue department connections,
each located within fifty (50) feet of a fire hydrant shall be provided on all the following
fire sprinkler systems:
(a) Light hazard and ordinary hazard NFPA 13 fire sprinkler systems with four
hundred (400) or more fire sprinkler heads.
(b) Extra hazard NFPA 13 fire sprinkler systems with two hundred (200) or more fire
sprinkler heads.
(c) On special fire protection systems or situations as designated by the fire chief or
designee.
(4) Multiple fire rescue services connections shall be installed in locations as remote as
possible from each other, as approved by the fire chief or designee.
Sec. 9-53. Hose connections as a part of fire sprinkler systems.
(1) Approved 2½-inch fire department hose connections, in accordance with NFPA 13
sec. 8.16.5.2, shall be installed in buildings and structures as follows:
(a) All one (1)-story buildings with a floor area of 52,000 square feet or more.
(b) All two (2)-story buildings with a combined floor area of 52,000 square feet or
more.
(c) All three (3)-story buildings with a combined floor area of 52,000 square feet or
more.
(2) Hose connections shall be fed from an adjoining sprinkler zone on the same floor or
from a sprinkler zone on a different floor. Hose connections may be fed directly from
the riser ahead of a zone valve. All hose connections, including those that are part of
a standpipe system, shall be installed at locations approved by the fire chief or
designee, such that all areas of the building can be reached with one hundred feet
(100’) of hose and twenty -five feet (25’) of fire stream throw. Hose connections shall
be equipped with caps to protect hose threads.
(3) Class I standpipe systems shall be provided with 2½" hose connections in the
following locations:
(a) On the inside of the stairwell at each landing.
(b) On the outside of the stairwell at each landing.
(c) On each side of the wall adjacent to the opening of horizontal exits.
(d) On the roof, near the point where the stairwell terminates. This shall be a double
2½" hose connection. It shall be provided with a UL or FM listed gauge.
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(e) At other locations required by the fire chief or a designee.
(4) All standpipe systems permitted and installed shall be a m anual wet system, or
automatic wet system, based on occupancy code requirements, as defined by the
FBC or NFPA 14, Standard for the Installation of Standpipe and Hose Systems.
Sec. 9-54. Automatic Wet Fire Sprinklers.
(1) All new buildings or structures, including one- and two-family dwellings, 7,500 square
feet and larger shall be provided with a wet automatic f ire sprinkler system in
accordance with the requirements in NFPA 13, 13R, or 13D.
(2) All new buildings or structures, including one- and two-family dwellings, three (3) or
more occupiable stories in height shall be provided with a wet automatic f ire sprinkler
system in accordance with the requirements in NFPA 13, 13R, or 13D).
ARTICLE VIII. ENFORCEMENT
Sec. 9-55. Enforcement authority.
The fire chief or his/her designee shall have the authority to conduct investigations and to
do all other things necessary to enforce the provisions in this chapter.
Sec. 9-56. Violations.
Failure to comply with any provisions of this chapter shall be deemed a violation.
Sec. 9-57. Penalty for violations.
Any person or entity violating the provisions of this chapter shall be punishable as provided
in the Florida Fire Prevention Code, and as otherwise authorized by the town code,
including, but not limited to, section 1-9 and through the initiation of code enforcement
proceedings.
Section 3. The Town Commission hereby repeals Section 35-11, “Florida Fire Prevention
Code,” in its entirety.
Section 4. Severability. The provisions of this Ordinance are declared to be severable
and if any section, sentence, clause, or phrase of this Ordinance shall for any reason be held to
be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections,
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sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the
legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.
Section 5. Repeal of Laws in Conflict. All ordinances or parts of ordinances in conflict
herewith are hereby repealed to the extent of such conflict.
Section 6. Codification. Section 2 of the Ordinance shall be made a part of the Town
Code of Ordinance and may be re-numbered or re-lettered to accomplish such.
Section 7. Effective Date. This Ordinance shall be effective immediately upon adoption
at second reading and shall apply prospectively only.
The foregoing Ordinance was moved by __________________________________, seconded
by ________________________________ and upon being put to the vote, the vote w as as
follows:
AYE NAY
Mayor Natasha Moore ____ ____
Vice Mayor David Stern ____ ____
Commissioner Don Peters ____ ____
Commissioner Judith Goldberg ____ ____
Commissioner Evalyn David ____ ____
PASSED on first reading at the Regular Commission meeting held on this _____ day of
_________________, 2023.
The foregoing Ordinance was moved by _________________________________, seconded
by ________________________________ and upon being put to the vote, the vote was as
follows:
AYE NAY
Mayor Natasha Moore ____ ____
Vice Mayor David Stern ____ ____
Commissioner Don Peters ____ ____
Commissioner Judith Goldberg ____ ____
Commissioner Evalyn David ____ ____
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PASSED AND ADOPTED on second and final reading at the Regular Commission meeting held
on this _____ day of _________________, 2023.
ATTEST:
By:
Lanelda Gaskins, MMC
Town Clerk
APPROVED AS TO FORM AND LEGALITY:
By: _________________________________
Glen J. Torcivia, Town Attorney
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File Attachments for Item:
A. July 18, 2023 Town Commission Meeting Minutes
Page 91
TOWN OF HIGHLAND BEACH
TOWN COMMISSION MEETING MINUTES
LIBRARY COMMUNITY ROOM
3618 S. OCEAN BLVD.
HIGHLAND BEACH, FL
Date: July 18, 2023
Time: 1:30 PM
1. CALL TO ORDER
Mayor Moore called the meeting to order at 1:30 P.M.
2. ROLL CALL
Commissioner Judith Goldberg
Commissioner Donald Peters
Commissioner Evalyn David
Vice Mayor David Stern
Mayor Natasha Moore
Town Manager Marshall Labadie
Town Attorney Leonard Rubin
Town Clerk Lanelda Gaskins
3. PLEDGE OF ALLEGIANCE
The Town Commission led the Pledge of Allegiance to the United States of America.
4. APPROVAL OF THE AGENDA
MOTION: David/Stern - Moved to approve the agenda as presented,
unanimously 5 - 0.
5. PUBLIC COMMENTS
There were no public comments.
6. PRESENTATIONS / PROCLAMATIONS
A. Presentation of the Comprehensive Annual Financial Report for Fiscal Year
ending September 20, 2022
Finance Director David DiLena provided a PowerPoint presentation highlighting
the Annual Comprehensive Financial Report for Fiscal Year ending September
20, 2022.
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Date: July 18, 2023 Page 2 of 8
There were conversations about the State Revolving Loan Fund (SRLF), the
location of the fund within the CAFR (Comprehensive Annual Financial Report),
and the debt service account.
Mayor Moore thanked Finance Director DiLena for the presentation.
B. Fiscal Year 2023-2024 Proposed Budget Recap Presentation
Mayor Moore read the title for this item.
Town Manager Labadie explained that this matter is a precursor to the tentative
maximum millage rate resolution.
Finance Director DiLena provided a PowerPoint presentation highlighting the
preliminary millage rate, tax rate (decrease to the proposed operating millage
from 3.2294 to 3.2190), general fund expenditures, discretionary sales surtax
fund, Building Department (expenditures), water fund (revenues), and sewer fund
(expenditures and revenues). The total preliminary fiscal year 2024 budget for
all funds is $30,496,710.
There were conversations about the data pertaining to health insurance .
Additionally, there were conversations about Palm Beach County’s millage rate
and their fund balance.
C. Resolution No. 2023-014
A Resolution of the Town Commission of the Town of Highland Beach,
Florida, setting the proposed not to exceed millage rate pursuant to Section
200.065(2)(B), Florida Statutes, and setting the date, time, and place at
which a public hearing will be held to consider the proposed millage rate
and tentative budget.
Finance Director DiLena presented this item.
MOTION: David/Goldberg – Moved to accept Resolution No. 2023-014 as
presented. Upon roll call: Commissioner David (Yes);
Commissioner Goldberg (Yes); Commissioner Peters (Yes); Vice
Mayor Stern (Yes); and Mayor Moore (Yes). The motion passed
unanimously 5 to 0.
7. ANNOUNCEMENTS
Mayor Moore read the announcements as follows:
Board Vacancies
Board of Adjustment and Appeals Two (2) vacancies, all for three-year terms
and
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Town Commission Meeting Minutes
Date: July 18, 2023 Page 3 of 8
One (1) vacancy for an unexpired term ending
September 21, 2024
Natural Resources Preservation Two (2) vacancies for unexpired terms ending
April 30, 2024
Advisory Board
Meetings and Events
July 27, 2023 11:30 A.M. Financial Advisory Board Regular Meeting
August 01, 2023 1:30 P.M. Town Commission Meeting
August 03, 2023 1:30 P.M. Town Commission Meeting (Tentative)
August 15, 2023 1:30 P.M. Town Commission Meeting (Proposed
Date)
August 17, 2023 1:30 P.M. Town Commission Special Meeting
(Tentative)
Board Action Report
None.
8. ORDINANCES
A. Ordinance No. 2023-001 (Second Reading/Public Hearing)
An Ordinance of the Town Commission of the Town of Highland Beach,
Florida, amending Article II, "Technical Codes," of Chapter 6, "Buildings
and Structures, " by amending Section 6-20, "Property Maintenance Code,
" to adopt the most recent edition of the International Property Maintenance
Code; providing for the repeal of all ordinances in conflict; providing for
severability and codification; and providing for an effective date. (First
Reading was June 20, 2023).
Mayor Moore read the title of Ordinance No. 2023-001.
Building Official Jeffrey Remas presented this item noting this was the second
reading/public hearing for final approval of the ordinance.
Mayor Moore opened the item for public comments.
Mr. Richard Greenwald spoke about the about the ordinance as it relates to the
some of the language and force ability. Building Official Remas explained that
the ordinance defines verbiage relating to plant growth.
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Date: July 18, 2023 Page 4 of 8
Town Attorney Rubin explained there is a separate book for the international
property maintenance guide.
MOTION: David/Goldberg – Moved to approve Ordinance No. 2023-001 as
presented. Upon roll call: Commissioner David (Yes); Commissioner
Goldberg (Yes); Commissioner Peters (Yes); Vice Mayor Stern (Yes);
and Mayor Moore (Yes). The motion passed 5 to 0.
B. Introduction of Fire Prevention Code Proposed Ordinance
An Ordinance of the Town Commission of the Town of Highland Beach,
Florida, adopting the current edition of the Florida Fire Prevention Code
and providing for local amendments; providing for the repeal of all
ordinances in conflict; providing for severability and providing for an
effective date.
Mayor Moore read the title of Item 8.B.
Town Manager Labadie explained that this was an introduction to the Fire
Prevention Code Proposed Ordinance and not a first reading.
Assistant Fire Chief Matt Welhaf presented this item.
There was a conversation about building testing/inspections, reporting systems,
firework safety, and fire assessment fees.
It is the consensus of the Town Commission for Town staff to move forward with
a first reading of the proposed ordinance at a future Commission meeting.
The first reading of the proposed ordinance will be on August 01, 2023, and
second Reading on August 15, 2023.
9. CONSENT AGENDA (These are items that the Commission typically does not need
to discuss individually, and which are voted on as a group.)
A. June 20, 2023 Town Commission Meeting Minutes
B. Approve and authorize Town Staff to purchase two (2) Lucas Chest Compression
Devices from Stryker in the amount of $43,407.74 for the Fire Station #116
(Piggyback SAVVIK contract #2021-06).
C. Approve and authorize Town Staff to purchase the Locution System Prime Alert
IP System from Locution Systems Inc. (sole source) in amount of $104,196.00
for Fire Station #116 in accordance with the Town's purchasing policy.
D. Approve and authorize the Mayor to execute contract between the Town and
Capital City Consulting, LLC. in an amount of $25,000.00 for lobbying services
ending March 8, 2024.
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Date: July 18, 2023 Page 5 of 8
MOTION: David/Stern – Moved to approve the Consent Agenda as presented,
which passed unanimously 5 to 0.
10. UNFINISHED BUSINESS
A. Continued discussion on the Request to Amend Settlement Agreement with
Highland Beach Real Estate Holdings, Inc. (Milani – Eastern Parcel 10E
Non-Park Property)
Mayor Moore read the title of Item 10.A.
Town Manager Labadie presented this item briefly reviewed the requests and the
process for amending the settlement agreement.
There was conversation about impact fees, lack of public benefit to the Town,
impact on residents, and the process for approval in regard to public hearings.
Town Manager Labadie will inform Ms. Milani about the Town Commission
concerns and that they are not moving forward at this time. He mentioned that
Ms. Milani will have to petition and provide the benefit to the community.
B. Continued discussion of the Troiano Family request regarding lot split at
4611 South Ocean Blvd.
Mayor Moore read the title of Item 10.B.
Town Manager Labadie provided an overview of the request. He mentioned that
the Town Commission has the ability to grant a commission issued variance
based on a recommendation from the Board of Adjustments and Appeals and a
site plan.
Town Attorney Rubin spoke about the property in regard to the unique
circumstances of the lot. The application for the variance along with a site plan
would go before the Board of Adjustments and Appeals.
Laura Troiano, the owner, was in attendance and thanked the Town Commission.
The Town Commission agreed that this matter should go before the Board of
Adjustments and Appeals.
The next step would be for Laura Troiano to submit an application for a variance.
C. Fire Rescue Implementation Update
Mayor Moore read the title of Item 10.C.
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Fire Chief Glenn Joseph provided an update on the following:
Recruiting process: 43 candidates for the captain position, 28 candidates for the
firefighter positions and 9 candidates for firefighter driver. They may extend the
deadline for hiring.
The structural construction slab should be installed on Friday, July 21, 2023.
Construction is on track.
The next major purchase is the breathing apparatus, but they were able to get a
cooperative buying group to get a 15% discount.
Hydrant Testing will happen in October, and prior notice will go out to the
community.
Fire Department Identification Application with the State - two reviews for policy
and procedures are being worked on.
Working on comprehensive management plan and disaster plan related to public
safety.
D. Florida Department of Transportation (FDOT) RRR Project Update
Mayor Moore read the title of Item 10.D.
Town Manager Labadie mentioned that he is waiting to hear from FDOT, and the
plans have not changed since the last meeting. The Town Commission will be
receiving the utilities’ structure adjustments. A plan will be presented to the Town
Commission in August for approval.
11. NEW BUSINESS
A. Designation of a Voting Delegate for the Florida League of Cities 97 th
Annual Conference – Required Business Meetings
Mayor Moore read the title of Item 11.A.
MOTION: David/Peters – Moved to nominate Commissioner Goldberg
as the Voting Delegate for the Florida League of Cities 97th
Annual Conference, which passed unanimously 5 to 0.
12. TOWN COMMISSION COMMENTS
Commissioner Judith M. Goldberg commented that it was a good informative
meeting.
Commissioner Donald Peters asked Fire Chief Joseph about CPR training. Fire Chief
Joseph talked about providing CPR training to Town staff and the community.
Page 97
Town Commission Meeting Minutes
Date: July 18, 2023 Page 7 of 8
Commissioner Evalyn David thanked the Town staff for the reports and advice.
Vice Mayor David Stern had no comments.
Mayor Natasha Moore had no comments.
Town Manager Labadie announced former Mayor Bernard Featherm an passed away
Friday, July 14th. He mentioned upcoming meeting dates for budget hearings , and
communications will be sent out clarifying future meeting dates.
13. ADJOURNMENT
The meeting was adjourned at 3:22 P.M.
APPROVED: August 1, 2023, Town Commission Meeting.
ATTEST: Natasha Moore, Mayor
Transcribed by
Jaclyn DeHart and Lanelda Gaskins
08/01/2023
Lanelda Gaskins, MMC
Town Clerk
Date
Disclaimer: Effective May 19, 2020, per Resolution No. 20 -008, all meeting minutes
are transcribed as a brief summary reflecting the events of this meeting. Verbatim
audio/video recordings are permanent records and are available on the Town’s Media
Archives & Minutes webpage: https://highlandbeach-fl.municodemeetings.com/.
Page 98
Town Commission Meeting Minutes
Date: July 18, 2023 Page 8 of 8
Page 99
File Attachments for Item:
B. Approve and authorize Town Staff to purchase the 3M™ Scott™ Air-Pak X3 Pro Self-
Contained Breathing Device (SCBA) from Fisher Scientific in an amount of $219,454.56
for Fire Station #116 in accordance with Lake County Contract, 22-730C.
Page 100
TOWN OF HIGHLAND BEACH
AGENDA MEMORANDUM
MEETING TYPE: Town Commission Meeting
MEETING DATE 8/01/23
SUBMITTED BY: Fire Rescue Department
SUBJECT: Piggyback Procurement –3M™ Scott™ Air-Pak X3 Pro Self-Contained
Breathing Device (SCBA)
SUMMARY:
The state-of-the-art 3M™ Scott™ Air-Pak X3 Pro Self-contained Breathing Apparatus is one
of the most advanced systems for protecting firefighters' health and wellness when operating
in hazardous environments. Some significant capabilities of this system include high -
capacity, low-profile compressed air cylinders with snap-change capability, allows remote
monitoring of breathing air reserves using a proprietary digital radio network, a radio location
system to quickly locate lost or incapacitated firefighters, and a rapid intervention air supply
to rescue and support injured or trapped f irefighters. The purchase of the SCBA system will
enable the fire department to provide the highest level of safety and protection for its
firefighters.
A quote to supply the Self-contained Breathing Apparatus was provided by Fisher Scientific
through Lake County Contract, FL, Contract No. 22-730C.
FISCAL IMPACT:
$219,454.56 budgeted in account 001-522.000-564.000 (Machinery and Equipment)
ATTACHMENTS:
Quote for 3M™ Scott™ Air-Pak X3 Pro Self-Contained breathing Device
Lake County Contract 22-730C
RECOMMENDATION:
Approve and authorize the purchase of the 3M™ Scott™ Air-Pak X3 Pro Self-Contained
Breathing Device (SCBA) in accordance with Lake County Contract, 22-730C.
Page 101
Fisher Scientific
3970 Johns Creek Court, Suite 500
Suwanee, GA 30024
Phone: (352) 256-4925
Brett.ortengren@thermofisher.com
Person Quoted:Date:
ACCT #:
Company Name:Phone:561-817-8067
Address:Email:gjoseph@highlandsbeach.us
City and State:
Quoted By:Brett Ortengren
FOB:Origin
QTY UM PART #LIST PRICE YOUR PRICE EXT. PRICE
16 X8915026305A04 11,268.35$ 7,231.03$ 115,696.48$
30 201650-05 2,495.09$ 1,601.13$ 48,033.90$
26 200970-01 2,005.44$ 1,286.91$ 33,459.66$
30 FP1MK0000000000 492.85$ 316.27$ 9,488.10$
2 200954-35 5,273.42$ 3,384.01$ 6,768.02$
2 200972-01 2,226.40$ 1,431.91$ 2,863.82$
1 200388-01 861.90$ 553.09$ 553.09$
1 201088-03 2,736.02$ 2,591.49$ 2,591.49$
1 8006951 -$ -$ -$
219,454.56$
3M™ Scott™ E-Z Flo C5 Regulator 201650-05, QD Hose, Rectus
Scott Connect Monitor, Pro Edition Add-on
3M™ Scott™ Cyl&Valve Assy 200972-01, CGA, 5.5, 60 Min, 1
ea/Case
3M™ Scott™ Tool Adapter 200388-01
3M™ Scott™ Scott Electronic Management System II 201088-03, USB Gateway
3612 S Ocean Boulevard
Total
Highland Beach, FL 33487
Quoted Per Lake County Contract Y22-730C 3M Scott SCBA 32% off list. Pricing includes
delivery.
3M™ Scott™ Cyl&Valve Assy, SC, 5.5, 45 Min, 1 ea/Case
C-5 face Piece Medium , sizes to be determined at order
3M™ Scott™ RIT-PAK III 200954-35, 5.5, Large, C5, Rectus, 1
ea/Case
QUOTATION
Joseph Glenn Chief July 22, 2023
Highlands Beach Fire Department
3M™ Scott™ Air-Pak™ X3 Pro SCBA with Snap-Change
X8915026305A04, 5500, E-Z Flo C5, QD Hose, UEBSS, SEMS II,
2 ea/Case
Quote Expires September 5, 2023
DESCRIPTION
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File Attachments for Item:
B. Florida Department of Transportation (FDOT) RRR Project Update
Approve and authorize the Mayor to execute an agreement with State of Florida
Department of Transportation (FDOT) in the amount of $126,140.00 for the paving and
expansion of State Road A1A.
Page 119
TOWN OF HIGHLAND BEACH
AGENDA MEMORANDUM
MEETING TYPE: Town Commission Meeting
MEETING DATE August 1, 2023
SUBMITTED BY: Pat Roman, Public Works Director
SUBJECT: Approve and authorize the Mayor to execute an agreement with State of
Florida Department of Transportation (FDOT) in the amount of
$126,140.00 for the paving and expansion of State Road No.: A1A
SUMMARY:
The State of Florida Department of Transportation (FDOT) Resurface, Restoration and
Rehabilitation (RRR) Project planned for A1A is designed to address flooding, improve
roadway surfaces, and cross slopes, and slightly widens the current bike paths in the Town of
Highland Beach.
The Town desires to enter into an agreement for a cooperative bid with FDOT for sewer
structure adjustments necessitated by the project. Multiple adjustments will be needed for
sanitary sewer manholes and valves. The anticipated cost with contingency is $126,140.00 .
Contingency built into the project will be refunded pending final reconciliation by FDOT.
We recommend having the State of Florida Department of Transportation (FDOT), and their
assigned contractors, perform the project management and utility work for the project pursuant
to the attached agreement. The town attorney has reviewed the agreement for legal
sufficiency and has no concerns with execution.
FISCAL IMPACT:
$126,140.00 budgeted in the 2024 Sewer Department Capital Outlay Account (402-535.000-
563.000)
ATTACHMENTS:
Contract for Services between the Town of Highland Beach and State of Florida Department
of Transportation; Utility Conflict Matrix for project completion; Justification of Cost Increase
for manholes and valves memorandum
RECOMMENDATION:
Commission approval.
Page 120
Page 121
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
Page 1 of 10
710 -010-22
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Financial Project ID: 444477-1-52-02 Federal Project ID: D423 058 B
Financial Project ID:
Financial Project ID:
Financial Project ID:
County: Palm Beach State Road No.: A1A
District Document No:
Utility Agency/Owner (UAO): Town of Highland Beach
THIS AGREEMENT, entered into this ______ day of__________, year of______, by and between the STATE
OF FLORIDA DEPARTMENT OF TR ANSPORTATION, hereinafter referred to as the "FDOT", and Town of
Highland Beach, hereinafter referred to as the "UAO";
WITNESSETH:
WHEREAS, the FDOT, is construc ting, reconstructing, or otherwise changing a portion of a public road or
publicly owned rail corridor, said project being identified as S. of Grand Ct. to S. Linton Blvd. , State Road No.: A1A,
hereinafter referred to as the "Project"; and
WHEREAS, the UAO owns or desires to install certain utility facilities which are located within the limits of the
Project hereinafter referred to as the "Facilities" (said term shall be deemed to include utility facilities as the same may
be relocate d, adjusted, installed, or placed out of service pursuant to this Agreement); and
WHEREAS, the Project requires the location (vertically and/or horizontally), protection, relocation, installation,
adjustment or removal of the Facilities, or some combinati on thereof, hereinafter referred to as "Utility Work"; and
WHEREAS, the FDOT and the UAO desire to enter into a joint agreement pursuant to Section 337.403(1)(b),
Florida Statutes for the Utility Work to be accomplished by the FDOT’s contractor as part of the construction of the
Project; and
WHEREAS, the UAO, pursuant to the terms and conditions hereof, will bear certain costs associated with the
Utility Work;
NOW, THER EFORE, in consideration of the premises and the mutual covenants contained herein, the FDOT
and the UAO hereby agree as follows:
1. Design of Utility Work
a. UAO shall prepare, at UAO’s sole cost and expense, a final engineering design, plans, technica l
special provisions, a cost estimate, and a contingency Utility Work Schedule (said contingency
schedule to be used in the case of a bid rejection) for the Utility Work (hereinafter referred to as the
“Plans Package”) on or before N/A, year of N/A.
b. The Plans Package shall be in the same format as the FDOT’s contract docum ents for the Project
and shall be suitable for reproduction.
c. Unless otherwise specifically directed in writing, the Plans Package shall include an y and all activities
and work effort required to perform the Utility Work, including but not limited to, all clearing and
gru bbing, survey work and shall include a traffic control plan.
d. The Plans Package shall be prepared in compliance with the FDOT’s Utility Accommodat ion Manual
and the FDOT’s Plans Preparation Manual in effect at the time the Plans Pack age is prepared, and
the FDOT’s contract documents for the Project. If the FDOT’s Plans Preparation Manual has been
updated and conflicts with the Utility Accommodation Manual, the Utility Accommodation Manual
shall apply where such confl icts exist.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
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e. The technical special provisions which are a part of the Plans Package shall be prepared in
accordance with the FDOT’s guidelines on preparation of tec hnical special provisions and shall not
duplicate or change the general contracting prov isions of the FDOT’s Standard Specifications for
Road and Bridge Construction and any Supplemental Specifications, Special Provisions, or
Developmental Specifications of the FDOT for the Project.
f. UAO shall provide a copy of the proposed Plans Package to the FDOT, and to such other right of
way users as designated by the FDOT, for review at the following stages: Production. Prior to
submission of the proposed Plans Package for review at these stages, the UAO shall send the FDOT
a work progress schedule explaining how the UAO will meet the FDOT’s production schedule. The
work progress schedule shall include the review stages, as well as other milestones nec essary to
complete the Plans Package within the time specified in Subparagraph a. a bove.
g. In the event that the FDOT finds any deficiencies in the Plans Package during the reviews performed
pursuant to Subparagraph f. above, the FDOT will notify the UAO in writing of the deficiencies and
the UAO will correct the deficiencies and retu rn corrected documents within the tim e stated in the
notice. The FDOT’s review and approval of the documents shall not relieve the UAO from
responsibility for subsequently discovered er rors or omissions.
h. The FDOT shall furnish the UAO such information from the FDOT’s files as requested by the UAO;
however, the UAO shall at all times be and remain solely responsible for proper preparation of the
Plans Package and for verifying all information necessary to properly prepare the Plans Package,
including survey information as to the location (both vertical and horizontal) of the Facilities. The
providing of information by the FDOT shall not relieve the UAO of this obligation nor transfer any of
that responsibility to the FDOT.
i. The Facilities and the Utility Work will include all utility facilities of the UAO which are located within
the limits of the Project, except as generally summarized as follows: Everything not specifically
included in the scope of services . These exceptions shall be h andled by separate arrangement.
j. If any facilities of the UAO located within the project limits are discovered after work on the project
commences to be qualified for relocation at the FDOT’s expense, but not previously identified as
such, the UAO shall file a claim with the FDOT for recovery of the cost of relocation thereof. The
filing of the claim shall not necessarily entitle the UAO to payment, and resolution of the claim shall
be based on a determination of fault for the error. The discovery of facilities not previously identified
as being qualified for relocation at the FDOT’s expense shall not invalidate this Agreement.
k. The UAO shall fully cooperate with all other right of way users in the preparation of the Plans
Package. Any conflicts t hat cannot be resolved through cooperation shall be resolved in the manner
determined by the FDOT.
l. Upon completion of the Utility Work, the Facilities shall be deemed to be located o n the public road or
publicly owned rail corridor under and pursuant t o the Utility Permit: TBD
(Note: It is the intent of this line to allow either attachment of or separate reference to the
permit).
2. Performance of Utility Work
a. The FDOT shall incorporate the Plans Package into its contract for constru ction of the Project.
b. The FDOT shall procure a contract for construction of the Project in accordance with the FDOT’s
requirements.
c. If the portion of the bid of the contractor s elected by the FDOT which is for performance of the Utility
Work exceeds the FDOT’s official estimate for the Utility Work by more than ten percent (10%) and
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
Page 3 of 10
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the FDOT does not elect to participate in the cost of the Utility Work pursuant to Section
337.403(1)(b), Florida Statutes, the UAO may elect to have the Utility Work removed from the
FDOT’s contract by notifying the FDOT in writing within 10 days from the date that the UAO is
notified of the bid amount. Unless this election is made, the Utility Work shall be performed as part of
the Project by the FDOT’s contractor.
d. If the UAO elects to remove the Utility Work from the FDOT’s contract in accordance with
Subparagraph 2. c., the UAO shall perform the Utility Work separately pursuant t o the terms and
conditions of the FDOT’s standard relocation agreement, the terms and c onditions of which a re
incorporated herein for that purpose by this reference, and in accordance with the contingency
relocation schedule which is a part of the Plans Package. The UAO shall proceed immediately with
the Utility Work so as to cause no delay to the FDOT or the FDOT’s contractor in constructing the
Project.
e. The UAO shall perform all engineering inspection, testing, and monitoring of the Utility Work to insure
that it is properly performed in accordance with the Plans Pac kage, except for the following activities:
General Engineering Inspection and will furnish the FDOT with daily diary records showing approved
quantities and amounts for weekly, monthly, and final estimates in accordance with the format
req uired by FDOT procedures.
f. Except for the inspection, testing, monitoring, and reporting to be performed by the UAO in
accordance with Subparagraph 2. e., the FDOT will perform all co ntract administration for its
construction contract.
g. The UAO shall fully cooperat e with the FDOT and the FDOT’s contractor in all matters relatin g to the
performance of the Utility Work.
h. The FDOT’s engineer has full authority over the Project and the UAO shall be responsible for
coordinating and cooperating with the FDOT’s engineer. In so doing, the UAO shall make such
adjustments and changes in the Plans Package as the FDOT’s engineer shall determine are
necessary for the prosecution of the Project.
i. The UAO shall not make any changes to the Plans Package afte r the date on whi ch the FDOT’s
contract documents are mailed for advertisement of the Project unless those changes fall within the
categories of changes which are allowed by supplemental agreement to the FDOT’s contract
pursuant to Section 337.11, Florida Statutes. All changes, regardless of the nature of the change or
the timing of the change, shall be subject to the prior approval of the FDOT.
3. Cost of Utility Work
a. The UAO shall be responsible for all costs of the Utility Work and all costs ass ociated with any
adjustments or changes to the Utility Work determined by the FDOT’s engineer to be necessary,
including, but not limited to the cost of changing the Plans Package and th e increase in the cost of
performing the Utility Work, unless the adju stments or changes are necessitate d by an error or
omission of the FDOT. The UAO shall not be responsible for the cost of delays caused by such
adjustments or changes unless they are at tributable to the UAO pursuant to Subparagraph 4.a.
b.
The initial estimate of the cost of the Utility Work is 126,140.00. At such time as the FDOT prepares
its official estimate, the FDOT shall notify the UAO of the amount of the official estimate for the Utility
Work. Upon being notified of the official estimate, the UAO shall have five (5) working days within
which to accept the official estimate for purposes of making deposits and for determining any
possible contribution on the part of the FDOT to the cost of the Utility Work, or to elect to have the
Utility Work removed from the FDOT’s contract and performed separately pursuant to the terms and
conditions set forth in Subparagraph 2. d. hereof.
c. At least forty-five (45 ) calendar days prior to the date on which the FDOT advertises the Project for
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
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bids, the UAO will pay to the FDOT an amount equal to the FDOT’s official estimate; plus 2% for
mobilization of equipment for the Utility Work, addit ional ma intenance of traffic costs for the Utility
Work, administrative costs of field work, tabulati on of quantities, Final Estimate processing and
Project accounting (said amounts are to be hereinafter collectively referred to as the Allowances);
plus 10% of the official estimate for a contingency fund to be used as he reinafter provided for
changes to the Utility Work during the construction of the P roject (the Contingency Fund).
d. Payment of the funds pursuant to this paragraph will be made (choose one ):
directly to the FDOT for deposit into the State Transportation Trust Fund.
as provided in the attached Three Party Escrow Agreement between UAO, FDOT and
the State of Florida, Department of Financial Services, Divis ion of Treasury. Deposits of
less than $100,000.00 must be pre-approved by the FDOT Comptroller's Office prior to
execution of this agreement.
e. If the portion of the contractor’s bid selected by the FDOT for performance of the Utility Work
exceeds the amount of the deposit made pursuant to Subparagraph c. above, then subject to an d in
accordance with the limitations and conditions established by Su bparagraph 2. c. hereof regarding
FDOT participation in the cost of the Utility Work and the UAO’s election to remove the Utility Work
from the Project, the UAO shall, within fourteen (14) calendar days from notification from the FDOT
or prior to posting of the accepted bid, whichever is earlier, pay an additional amount to the FDOT to
bring the total amount paid to th e total obligation of the UAO for the cost of the Utility Work, plus
Allowances and 10% Conti ng ency Fund. The FDOT will notify the UAO as so on as it becomes
apparent the accepted bid amount plus allowances and contingency is in excess of the advan ce
deposit amount; however, failure of the FDOT to so notify the U AO shall not relieve th e UAO from its
obligation to pay for its full share of project costs on final accounting as provided herein below. In the
event that the UAO is obligated under this Subparagraph 3.e. to pay an additional amount and the
additional am ount that the UAO is obligated to pay does not exceed the Contingency Fund already
on deposit, the UAO shall have sixty (60) calendar days from notification from the FDOT to pay the
additional amount, regardless of when the accepted bid is posted.
f. If the accepted bid amount plus allowa nces and contingency is less than the advance de posit
amount, the FDOT will refund the amount that the advance deposit exceeds the bid amount, plus
allowances and contingency if such refund is requested by the UAO in writing and approved by the
Comptroller of the FDOT or his designee.
g. Should contract modifications occur that increase the UAO’s share of total project costs, the UAO
will be notified by the FDOT accordingly. The UAO agrees to provide, in advance of the additional
work being performed, adequate funds to ensure that cash on deposit with t he FDOT is sufficient to
fully fund its share of the project costs. The FDOT shall notify the UAO as soon as it becomes
apparent the actual costs will overrun the award amo unt; however, failure of the FDOT to so notify
the UAO shall not relieve the UAO from its obligation to pay for its full share of project costs on final
accounting as provided herein below.
h. The FDOT may use the funds paid by the UAO for payment of the cost of the Ut ility Work. The
Contin gency Fund may be used for increases in the cost of the Utility Work which occur because of
quantity overruns or because of adjustments or changes in the Utility Work made pursuant to
Subparagraph 2. h. Prior to using any of the Contingency Fund, the FDOT will obtain the written
concurrence of the person delegated that responsibility by written notice from the UAO. The
delegatee shall respond immediately to all requests for written concurrence. If the delegatee refuses
to provide written concurrence promptly and the FDOT determines that the work is necessary, the
FDOT may proceed to perform the work and recover the cost thereof pursuant to the provisions of
Section 337.403(3), Florida Statutes. In the event that the Contingency Fund is depleted, the UAO
shall, within fourteen (14) calendar days from notification from the FDOT, pay to the FDOT an
additional 10% of the total obligation of the UAO for the cost of the Utility Work established under
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
Page 5 of 10
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UTILITIES
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Subparagraph 3. e. for future use as th e Contingency Fund.
i. Upon final payment to the Contractor, the FD OT intends to have its final and complete accounting of
all costs incurred in connection with the work perf orme d hereunder within three hundred sixty (360)
days. All project cost records and accounts shall be subject to audit by a representative of the UAO
for a period of three (3) years after final close out of the Project. The UAO will be notified of the fi nal
cost. Both parties agree that in the event the final accounti ng of total project costs pursuant to the
terms of this agreement is less than the total deposits to date, a refund of the excess will be made by
the FDOT to the UAO in accordance with Section 215.422, Florida Statutes. In the event said final
accounting of total project costs is greater than the total deposits to date, the UAO will pay the
additional amount within forty (40) calendar days from the date of the invoice. The UAO agrees to
pay interest at a rate as established pursuant to Section 55.03, Florida Statutes, on any invoice not
paid within the time specified in the preceding se ntence until the invoice is paid.
4. Claims Against UAO
a. The UAO shall be responsible for all costs inc urred as a result of any delay to the FDOT or its
contractors caused by errors o r omissions in the Plans Package (including inaccurate location of the
Facilities) or by failure of the UAO to properly perform its obligations under this Agreement in a timely
manner.
b. In the event the FDOT’s contractor provides a notice of intent to make a cla im against the FDOT
relating to the Utility Work, the FDOT will notify the UAO of the notice of intent and the UAO will
thereafter keep and maintain daily field report s an d all other records relating to the intended claim.
c. In the event the FDOT’s contractor makes any claim against the FDOT relating to the Utility Work,
the FDOT will notify the UAO of the claim and the UAO will cooperate with the FDOT in analyzing
and r esolving the claim within a reasonable time. Any resolution of any portion of the claim directly
between the UAO and the FDOT’s contractor shall be in writing, shall be subject to written FDOT
concurrence and shall specify the extent to which it resolves the claim against the FDOT.
d. The FDOT may withhold payment of surplus funds to the UAO until final resolution (including any
actual payment re quired) of all claims relating to the Utility Work. The right to withhold shall be
limited to actual claim payments made by the FDOT to the FDOT’s contractor.
5. Out of Service Facilities
No Facilities sha ll be placed out of service unless specifically identified as such in the Plans. The following
terms and conditions shall apply to Facilities placed Out -of-Service:
a. The UAO acknowledges its present and continuing own ership of and responsib ility for out of service
Facilities.
b. The FDOT agrees to allow the UAO to leave the Facilities within the right of way subject to the
continuing satisfactory p erformance of the conditions of this Agreement by the UAO. In the event of
a breach of this Agreement by the UAO, the Facilities shall be removed upon demand from the
FDOT in accordance with the provisions of Subparagraph e. below.
c. Th e UAO shall take such steps to secure the Facilities and other wise make the Facilities safe in
accordance with any and all applicable local, stat e or federal laws and regulations and in accordance
with the legal duty of the UAO to use due care in its dealings with others. The UAO shall be solely
responsible for gathering all information n ecessary to meet these obligations.
d. The UAO shall keep and preserve all records relating to the Facilities, including, but not limited to,
records of the location, nature of, and steps taken to safely secure the Faci lities and shall promptly
respond to information requests of the FDOT or other permittees using or seeking use of the right of
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
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way.
e. The UAO shall remove the Facilities at the request of the FDOT in the event that the FDOT
determines that removal is nec essary for FDOT use of the right of way or in the event that the FDOT
determines that use of the right of way is needed for other active utilities that cannot be otherwise
accommodated in the right of way. Removal shall be at the sole cost a nd expense of the UAO a nd
without any right of the UAO to object or make any claim of any nature whatsoever with regard
thereto. Removal shall be completed within the time specified in the FDOT’s notice to remove. In
the event that the UAO fails to perform the removal properly within the specified time, the FDOT may
proceed to perform the removal at the UAO’s expense pursuant to the provisions of Sections
337.403 and 337.404, Florida Statut es.
f. Except as otherwise provided in Subparagraph e. above, the UAO agrees that the Facilities shall
forever remain the legal and fin ancial responsibility of the UAO. The UAO shall reimburse the FDOT
for any and all costs of any nature whatsoever resulting from the presence of the Facilities within the
right of way. Said costs shall include, but shall not be limited to, charges or exp enses which may
result from the future need to remove the Facilities or from the presence of any hazardous substance
or material in or discharging from the Facilities. Nothi ng in this paragraph shall be interpr eted to
require the UAO to indemnify the FDOT for the FDOT’s own negligence; however, it is the intent that
all other costs and expenses of any nature be the res ponsibility of the UAO.
6. Default
a. In the event that the UAO breaches a ny provision of this Agreement, then in addition to any othe r
remedies which are otherwise provided for in this Agreement, the FDOT may exercise one or more of
the following options, provided that at no time shall the FDOT be entitled to receive d ouble recovery
of damages:
(1) Terminate this Agreement if the breac h is material and has not been cured within sixty (60)
days from written notice thereof from FDOT.
(2) Pursue a claim for damages suffered by the FDOT.
(3) If the Utility Work is reimbursable un der this Agreement, withhold reimbursement payments
until the breach is cured. The right to withhold shall be limited to actual claim payments
made by FDOT to third parties.
(4) If the Utility Work is reimbursable under this Agreem ent, offset any damages suffered by the
FDOT or the public against payments due und er this Agreement for the same Project. The
right to offset shall be limited to actual claim payments made by FDOT to third parties.
(5) Suspend the issuance of further permits to the UAO for the placement of Facilities on FDOT
property if the breach is material and has not been cured within sixty (60) days from written
notice thereof from FDOT.
(6) Pursue any other remedies legally available.
(7) Perform any work with its own forces or through contractors and seek repayment for the cost
thereof under Section 337.403(3), Florida Statutes.
b. In the event that the FDOT breaches any provision of this Agreement, then in addition to any other
remedies which are otherwise provided for in the Agreement, the UAO may exercise one or more of
the following optio ns:
(1) Terminate this Agreement if the breach is material and has not been cured within sixty (60)
days from written notice thereof from the UAO.
Page 127
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
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(2) If the breach is a failure to pay an invoic e for Utility Work which is reimbursable under this
Agreement, pursue any statutory remedies that the UAO may have for failure to pay
invoices.
(3) Pursue any other remedies legally available.
c. Termination of this Agreement shall not relieve either party from any obligations it has pursuant to other
agreements between the parties nor from any statutory obligations that either party may have with regard
to the subject matter hereof.
7. Force Majeure
Neither the UAO nor the FDOT shall be liable to the other for any failure to perform under this Agreement to
the extent such performance is prevented by an act of God, war, riots, natural catastrophe, or other event
beyond the control of the non-performing party and which could not have been avoided or overcom e by the
exercise of due diligence; provided that the party claiming the excuse from performance has (a) promptly
notified the other party of the occurrence and its es timate d uration, (b) promptly remedied or mitigated the
effect of the occurrence to the extent possible, and (c) resumed performance as soon as possi ble.
8. Indemnification
FOR GOVERNMENT -OWNED UTILITIES,
To the extent provided by law, the UAO shall indemnify, defend, and hold harmless the FDOT and all of its
officers, agents, and employees from any claim, loss, damage, cost, charge, or expense ari sing out of any
acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the
performance of the Agreement, whether direct or indirect, and whether to any person or pr operty to which
FDOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will
be liable under this section for d amages arising out of the injury or damage to persons or prope rty directly
caused by or resulting from the negligence of the FDOT or any of its officers, agents, or employees during the
performance of this Agreement.
When the FDOT receives a notice of claim for damages that may have been caused by the UAO in the
performance of services required under this Agreement, the FDOT will immediately forward the claim to the
UAO. The UAO and the FDOT will evaluate the claim and report their findings to each other within fourteen
(14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the FDOT
will determine whether to require the participation of the UAO in the defense of the claim or to require the
UAO to defend the FDOT in such claim as described in this section. The FDOT’s failure to notify the UAO of
a claim shall not release the UAO from any of the requirements of this section. The FDOT and the UAO will
pay their own costs for the evaluation, settlement nego tiations, and trial, if any. However, if only one party
participates in the defense of the claim at trial, that party is responsible for all costs.
FOR NON-GOVERNMENT -OWNED UTILITIES,
The UAO shall indemnify, defend, and hold harmless the FDOT and all of its officers, agents, and employees
from any claim, loss, dama ge, cost, charge, or ex pense arising out of any acts, action, error, neglect, or
omission by the UAO, its agents, employees, or contractors during the performance of the Agreement,
whether direct or indirect, and whether to any person or property to which FDOT or said parties may be
subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for
damages arising out of the injury or damage to persons or property directly caused by or resulting from the
neglig ence of the FDOT or any of its officers, agents, or employees during the performanc e of this
Agreement.
The UAO’s obligation to indemnify, defend, and pay for the defense or at the FDOT’s option, to participate
and associate with the FDOT in the defense and trial of any damage claim or suit and any related settlement
Page 128
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
Page 8 of 10
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negotiations, shall arise within fourteen (14) days of receipt by the UAO of the FDOT’s notice of claim for
indemnification to the UAO. The notice of claim for indemnification shall be serv ed by certified mail. The
UAO’s obligation to defend and indemnify within fourteen (14) days of such notice shall not be excused
because of the UAO’s inability to evaluate liability or because the UAO evaluates liability and determines the
UAO is not liable or determines the FDOT is solely negligent. Only a final adjudication of judgme nt finding
the FDOT solely negligent shall excuse performance of this provision by the UAO. The UAO shall pay all
costs and fees related to this obligation and its enforcem ent by the FDOT. The FDOT’s delay in notifying the
UAO of a claim shall not release UAO of the above duty to defend.
9. Miscellaneous
a. Time is of essence in the performance of all obli gations under this Agreement.
b. The Facilities shall at all times remain the property of and be pro perly protected and maintained by
the UAO in accordance with the current Utility Accommodation Manual in effect at the time the Plans
Package is prepared a nd the c urrent utility permit for the Facilities; provided, howeve r, that the UAO
shall not be obligated to protect or maintain any of the Facilities to the extent the FDOT’s contractor
has that obligation as part of the Utility Work pursuant to the FDOT’s specifications.
c. The FDOT may unilaterally cancel this Agreement for refusal by the U AO to allow public access to all
documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida
Statutes, and made or received by the UAO in conjunction with this Agreement.
d. This Agreement constit utes the compl ete and final expression of the parties with respect to the
subject matter hereof and supersedes all prior agreements, understandings, or negotiations with
respect thereto, except that the parties understand and agree that the FDOT has manuals and
written policies and procedures which may be applicable at the time of the Project and the relocation
of the Facilities.
e. This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to
be unlawful or unenforceable shall b e severable and shall not affect the validity of the remaining
portions hereof.
f. All notices required pursuant to the terms hereof may be sent by first class United States M ail,
facsimile transmission, hand delivery, or express mail and shall be deemed to have b een received by
the end of five business days from the proper sending thereof unless proof of prior actual receipt is
provided. The UAO shall have a continuing obligation to notify each District of the FDOT of the
appropriate persons for notices to be sent pursuant to this Agreement. Unless otherwise notified in
writing, notices shall be sent to the following addresses:
If to the UAO:
Sergio Gonzalez, Jr., Assistant Public Works Director
3616 S. Ocean B lvd, 3616 S. Ocean Boulevard, Highland Bchh FL 33487
sgonzalez@highlandbeach.us (561) 283-2764
10. Certification
This document is a printout of an FDOT form maintained in an electronic format and all revisions theret o by
the UAO in the form of additions, del etions, or substitutions are reflected only in an Appendix entitled
Changes To Form Document and no change is made in the text of the document itself. Hand notations on
affected portions of this document may ref er to changes reflected in the above-named A ppendix but are for
If t If to the FDOT:
Kadian McLean, District Utilities Administrat or
3400 W. Commercial Blvd., Ft. Lauderdale, FL 33309
Kadian.McLean @dot.state.fl.us (954)777 -4360
Page 129
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
Page 9 of 10
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reference purposes only and do not change the terms of the document. By signing this document, the UAO
hereby represents that no change has been made to the text of this document except t hrough the terms of the
appendix entitled Changes to Form Document.
You MUST signify by selecting or checking which of the following applies:
No changes have been made to this Form Document and no Appendix entitled “Changes to Form
Document” is attached.
No changes have been made to this Form Document, but cha nges are included on the attached
Appendix entitled “Changes to Form Document.”
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and ye ar first written.
UTILITY: Town of Highland Beach
BY:(Signature)
(Typed Name: )
DATE:
(Typed Title: )
Recommend Approval by the District Utility Office
BY: (Signature)
DATE:
FDOT Legal review
BY: (Signature)
District Counsel
DATE:
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY: (Signature)
(Typed Name: Steven C. Braun, P.E.)
DATE:
(T yped Title: Director of Transportation Development)
FEDER AL HIGHWAY ADMINISTRATION (if applicable)
BY:
(Typed Name: )
DATE:
(Typed Title: )
Page 130
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
710 -010-22
UTILITIES
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Page 10 of 9
Page 131
Attachments
444477-1-52-02
Town of Highland Beach
1. Exhibit A – Scope of Services
2. Appendix A of Assurances
3. Three Party Escrow Agreement
Page 132
EXHIBIT A
Scope of Services
444477-1-52-02
The utility work to be performed under this agreement consists of adjusting and installing
utility fixtures for the Town of Highland Beach.
Summary of Quantities
425-5-1 Manhole, Adjust 58
425-6 Valve Boxes, Adjust 29
Page 133
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
REQUIRED CONTRACT PROVISIONS FOR FEDERAL AID CONTRACTS
(Appendix A of Assurances)
710-010-08
UTILITIES
OGC -04/17
Financial Project ID: 444477-1-52-02 Federal Project ID: D423 058 B
County: Broward State Road No.: A1A
District Document No:
Utility Agency/Owner (UAO): Town of Highland Beach
During the performance of this Agreement, the Utility Agency Owner (UAO), for itself, its assignees and successors
in interest (hereinafter referred to as the UAO), agrees as follows:
(1) Compliance with Regulations: The U AO will comply with the Regulations of the FLORIDA
DEPARTMENT OF TRANSPORTATION (hereinafter referred to as the DEPARTMENT) relative to nondiscrimination
in Federally-assisted programs of the DEPARTMENT (Title 49, Code of Federal Regulations, Part 21, her einafter
referr ed to as the "Regulations"), which are herein incorporated by reference and made a part of this contract.
(2) Nondiscrimination: The UAO, with regard to the work performed by it after award and prior to completion
of the UAO work, will not discriminate on t he grou nd of race, color or national origin in the selection and retention of
subcontractors, including procurement of materials or leases of equipment. The UAO will not participate either directly
or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when
the contract covers a program set forth in Appendix A & B of the Regulations.
(3) Solicitations: In all solicitations either by competitive bidding or negotiation made by the UAO for work to
be perfo rmed under a subcontract, including procurement of materials and leases of equipment, each potential
subcontractor or supplier shall be notified by the UAO of the UAO's obligations under this contract and the Regulations
relative to nondiscrimination on the ground of race, color or national origin.
(4) “Buy America” Requirements: The UAO will use domestic steel and/or iron products incorporated into
the finished work in compliance with the Buy America provisions of 23 CFR 635.410 as amended. As used in this
provision, “steel and/or iron products” means manufactured products that are predominate ly steel and/or iron products
and that are not otherwise exempt from Buy America requirements pursuant to rules and regulations of the Feder al
Highway Administration. As used in this provision, “domestic” means products that are manufactured in the United
States which have not undergone any manufacturing process outside of the United State s that modified the chemical
content, physical shape or size, or final finish of a product, beginning with the initial melting and continuing through final
shaping and coating. If a steel and/or iron product is taken outside the United States for any manufacturing process, it
becomes foreign source steel and/or iron products. The UAO may incorporate into the finished work foreign source
steel and/or iron products as long as the actual cost of such foreign products do es not exceed 0.1% of the total amount
of this Agreement, or $2,500.00 whichever is greater. The UAO will retain documentation verifying compliance with the
Buy America provision of this A greement for a period of 3 years after final payment of the finished work. Upon request,
the UAO will provide the documentation verifying compliance with the Buy Am erica provision of this Agreement. The
UAO will provide a certification with the invoice that states the following: “The UAO certifies that all manufactured
products that are predominately steel and/or iron are domestic products in compliance with the Buy America provisions
of 23 CFR 635.410 as amended except for the foreign source steel and/or iron allowance of 0.1% of the total amount of
the agreement between the Florida Department of Transportation and the UAO , or $2,500.00 whichever is greater.”
(5) Information and Reports: The UAO will provide all information and reports required by the Regulations,
or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources
of information, and its faciliti es as may be determined by the DEPARTMENT or the Federal Highway Administration to
be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of
the UAO is in the exclusive possession of another who fails or refuses to furnish this information, the UAO shall so
certify to the DEPARTMENT or the Federal Highway Administration as appropriate, and shall set forth what efforts it
has made to obtain the information.
Page 134
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
REQUIRED CONTRACT PROVISIONS FOR FEDERAL AID CONTRACTS
(Appendix A of Assurances)
710-010-08
UTILITIES
OGC -04/17
(6) Sanctions for Noncompliance: In the event of the UAO's nonc ompliance with the nondiscrimination
provisions of paragraphs (1) through (4), the DEPARTMENT shall impose such contract sanctions as it or the Federal
Highway Administration may determine to be appropriate, including, but not limi ted to:
(a) withholding of payments to the contractor under the Agreement until the UAO complies; and/or
(b) cancellation, termination or suspension of the Agreement, in whole or in part.
(7) Incorporation of Provisions: The UAO will include the provisions of paragraph (1) through (6) in every
subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, order or
instructions issued pursuant thereto. The UAO will take such action with respect to any subcontract, procurement or
lease as the DEPARTMENT or the Federal Highway Administration may direct as a means of enforcing such provisions
including sanctions for noncompliance; provided, however, that in the event the UAO becomes involved in, or is
threatened with, litigation with a subcontractor, supplier or lessor as a result of such direction, the UAO may request the
State to enter into such litigation to protect the interests of the State, and, in addition, the UAO may request the United
States to enter into such litigation to protect the interests of the United States .
Page 135
THREE PARTY ESCROW AGREEMENT
THIS AGREEMENT is made and entered into by and between the State of Florida,
Department of Transportation ("FDOT"), Town of Highland Beach (“Participant”), and the
State of
Florida, Department of Financial Services, Division of Treasury (“Escrow Agent”), and shall
become effective upon the Agreement’s execution by Escrow Agent.
WHEREAS, FDOT and Participant are engaged in the following project (“Project”):
Project Name: SR-A1A FROM SOUTH OF GRAND CT TO SOUTH OF LINTON BLVD
Project #:
County:
444477-1-52-02
Palm Beach
WHEREAS, FDOT and Participant desire to establish an escrow account for the project .
NOW THEREFORE, in consideration of the premises and the covenants contained
herein, the parties agree to the following:
1. An initial deposit will be made into an interest-bearing escrow account established
hereunder for the purposes of the Project. The escrow account will be opened
with the Escrow Agent on behalf of FDOT upon Escrow Agent’s receipt and
execution of this Agreement.
2. Other deposits to the escrow account may be made during the life of this
agreement.
3. Deposits will be delivered in accordance with instructions provided by the Escrow
Agent to the FDOT for deposit into the escrow account. A wire transfer or ACH
deposit is the preferred method of payment and should be used whenever
possible.
4. FDOT's Comptroller or designee shall be the sole signatory on the escrow account
with the Escrow Agent and shall have sole authority to authorize withdrawals from
the account. Withdrawals will only be made to FDOT or the Participant in
accordance with the instructions provided to the Escrow Agent by FDOT’s
Comptroller or designee.
5. Moneys in the escrow account will be invested in accordance with section 17.61,
Florida Statutes. The Escrow Agent will invest the moneys expeditiously. Income
is only earned on the moneys while invested. There is no guaranteed rate of
return. Investments in the escrow account will be assessed a fee in accordance
with Section 17.61(4)(b), Florida Statutes. All income of the investments shall
accrue to the escrow account.
6. Unless instructed otherwise by FDOT, all interest accumulated in the escrow
account shall remain in the account for the purposes of the Project.
Page 136
7. The Escrow Agent agrees to provide written confirmation of receipt of funds to
FDOT. FDOT agrees to provide a copy of such written confirmation to Participant
upon request.
8. The Escrow Agent further agrees to provide quarterly reports to FDOT concerning
the escrow account. FDOT agrees to provide a copy of such quarterly reports to
Participant upon request.
9. The Escrow Agent shall not be liable for any error of judgment or for any act done
or omitted by it in good faith, or for anything which it may in good faith do or refrain
from doing in connection herewith.
10. Escrow Agent shall have no liability for any claim, cost, expense, damage or loss
due to the acts or omissions of FDOT and Participant, nor from any separate
agreements between FDOT and Participant and shall have no responsibility to
monitor or enforce any responsibilities herein or in any separate agreements
associated with this Agreement between FDOT and Participant.
11. This Agreement shall be governed by and interpreted in accordance with the laws
of the State of Florida.
12. This Agreement may be executed in two or more counterparts, each of which shall
be deemed an original, but all of which together shall constitute one and the same
instrument.
13. This Agreement shall terminate upon disbursement by the Escrow Agent of all
money held by it in the escrow account in accordance with the instructions given
by FDOT’s Comptroller or designee and notification from FDOT to Escrow Agent
that the account is to be closed.
The remainder of this page is blank.
Page 137
IN WITNESS WHEREOF, the parties have duly executed the Agreement on the date(s)
below.
For FDOT-OOC (signature) For PARTICIPANT (signature)
Name and Title Name and Title
59-3024028
Federal Employer I.D. Number Federal Employer I.D. Number
Date Date
FDOT Legal Review:
For Escrow Agent (signature)
Name and Title
Date
Page 138
Page 139
File Attachments for Item:
A. Consideration of a request for a Town of Highland Beach Right-of-Way (ROW) permit
for the property located at 3805 South Ocean Boulevard
Page 140
TOWN OF HIGHLAND BEACH
AGENDA MEMORANDUM
MEETING TYPE: Town Commission Meeting
MEETING DATE August 1, 2023
SUBMITTED BY: Ingrid Allen, Town Planner, Building Department
SUBJECT: Request for a Town of Highland Beach Right-of-W ay (ROW ) permit for
the property located at 3805 South Ocean Boulevard
SUMMARY:
On December 7, 2021, the Town Commission adopted Ordinance No. 2021 -018 which
provides for the protection of the public ROW while also allowing certain improvements.
Pursuant to Section 25-1 of the Town Code, it shall be unlawful to construct improvements or
install new trees in new locations within the public ROW including swales without first obtaining
a Town ROW permit from the Building Department unless waived or otherwise determined as
not required by the Town’s Public Works Director. At the same Town Commission meeting,
Resolution No. 2021-041 was adopted which requires Town Commission approval of ROW
permits for construction of improvements or placement of trees in new locations within State
Road A1A ROW . The latter approval is applicable until the Florida Department of
Transportation’s (FDOT) Resurfacing, Restoration and Rehabilitation Project (“RRR Project”)
is completed.
The Applicant is proposing new driveways with three (3) access points and has received a
driveway connection permit (Permit No. 2022-A-496-00058) from FDOT (Attachment No. 1).
The Town’s Public Works Director, Pat Roman, has indicated that the driveway plan submitted
as part of the FDOT permit does not conflict with existing Town utilities.
Concurrent with this request for a Town ROW permit, is an amendment to FDOT’s Landscape
Inclusive Memorandum of Agreement (“Agreement”) for the same property. This a mendment
to the Agreement is for the purpose of maintaining new landscape improvements installed in
FDOT’s ROW along State Road A1A adjacent to subject property.
Note that on July 13, 2023, the Planning Board granted site plan approval (Development Order
No. 22-0012) for a new three-story, 9,397 square foot single family residence with pool/spa,
and a dune walkover at the property (motion carried 7-0).
FISCAL IMPACT:
N/A
ATTACHMENTS:
Page 141
Attachment No. 1 - FDOT driveway connection permit (No. 2022-A-496-00058).
RECOMMENDATION:
At the discretion of the Town Commission.
Page 142
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
DRIVEWAY CONNECTION PERMIT
FOR ALL CATEGORIES
Access Classification:
See following pages for General and Special Provisions
PART 1: PERMIT INFORMATION
APPLICATION NUMBER:
Permit Category:
Project:
Permittee:
Section/Mile Post: State Road:
Section/Mile Post: State Road:
PART 2: PERMITTEE INFORMATION
Permittee Name:
Permittee Mailing Address:
City, State, Zip:
Telephone:
Engineer/Consultant/or Project Manager:
Engineer responsible for construction inspection:
NAME P.E. #
Mailing Address:
City, State, Zip:
Telephone:
PART 3: PERMIT APPROVAL
The above application has been reviewed and is hereby approved subject to all Provisions as attached.
Permit Number:
Department of Transportation
Title:
Special provisions attached
Date of Issuance:
Signature:
Department Representative's Printed Name
Temporary Permit (If temporary, this permit is only valid for 6 months)
If this is a normal (non-temporary) permit it authorizes construction for one year from the date of issuance. This can only be
extended by the Department as specified in 14-96.007(6).
SYSTEMS PLANNING - 06/06
850-040-18
NOYES
NOYES
Page 1 of 3
Rule 14-96, F.A.C.
FAX, Mobile Phone, etc.
2022-A-496-00058
Susan B. Zessin
Single Family Residence, 3805 S Ocean Blvd, Highland Bch
PERMITS COORDINATOR II
2022-A-496-00058
Susan B. Zessin
4
Rosie Evert
4
/
Highland Beach, Florida 33487
/
(561) 445-1258 ext. ______
3805 South Ocean Boulevard
2/13/2023
A - less than 20 VTPD
Fax: / Mobile:
Rosie Evert
Approved
2022-A-496-00058
Rosie Evert
2/13/2023Page 143
PART 4: GENERAL PROVISIONS
1. Notify the Department of Transportation Maintenance Office at least 48 hours in advance of starting proposed
work.
Phone: , Attention:
2. A copy of the approved permit must be displayed in a prominent location in the immediate vicinity of the
connection construction.
3.
Comply with Rule 14-96.008(7), F.A.C., on Utility Notification Requirements.4.
Comply with Rule 14-96.008(1), F.A.C., Disruption of Traffic.
5. All work performed in the Department's right of way shall be done in accordance with the most current Department
standards, specifications and the permit provisions.
6. The permittee shall not commence use of the connection prior to a final inspection and acceptance by the
Department.
7. Comply with Rule 14-96.003(3)(a), F.A.C., Cost of Construction.
8. If a Significant Change of the permittee's land use, as defined in Section 335.182, Florida Statutes, occurs, the
Permittee must contact the Department.
9. Medians may be added and median openings may be changed by the Department as part of a
Construction Project or Safety Project. The provision for a median might change the operation of the connection
to be for right turns only.
10. All conditions in NOTICE OF INTENT WILL APPLY unless specifically changed by the Department.
11. All approved connection(s) and turning movements are subject to the Department's continuing authority to modify
such connection(s) or turning movements in order to protect safety and traffic operations on the state highway or
State Highway System.
12.Transportation Control Features and Devices in the State Right of Way. Transportation control features and
devices in the Department's right of way, including, but not limited to, traffic signals, medians, median openings, or
any other transportation control features or devices in the state right of way, are operational and safety
characteristics of the State Highway and are not means of access. The Department may install, remove or modify
any present or future transportation control feature or device in the state right of way to make changes to promote
safety in the right of way or efficient traffic operations on the highway.
13. The Permittee for him/herself, his/her heirs, his/her assigns and successors in interest, binds and is bound and
obligated to save and hold the State of Florida, and the Department, its agents and employees harmless from any
and all damages, claims, expense, or injuries arising out of any act, neglect, or omission by the applicant, his/her
heirs, assigns and successors in interest that may occur by reason of this facility design, construction,
maintenance, or continuing existence of the connection facility,except that the applicant shall not be liable under
this provision for damages arising from the sole negligence of the Department.
14. The Permittee shall be responsible for determining and notify all other users of the right of way.
15. Starting work on the State Right of Way means that I am accepting all conditions on the Permit.
SYSTEMS PLANNING - 06/06
850-040-18
Page 2 of 3
Rule 14-96, F.A.C.
7863146067 Paul Donovan
Approved
2022-A-496-00058
Rosie Evert
2/13/2023Page 144
NOYES
OTHER SPECIAL PROVISIONS:
PART 5: SPECIAL PROVISIONS
NON-CONFORMING CONNECTIONS:
If this is a non-conforming connection permit, as defined in Rule Chapters 14-96 and 14-97, then the following shall be a part of this
permit.
1. The non-conforming connection(s) described in this permit is (are) not permitted for traffic volumes exceeding the Permit
Category on page 1 of this permit, or as specified in "Other Special Provisions" below.
2. All non-conforming connections will be subject to closure or relocation when reasonable access becomes available in the
future.
PART 6: APPEAL PROCEDURES
You may petition for an administrative hearing pursuant to sections 120.569 and 120.57, Florida Statutes. If you dispute the facts stated in the
foregoing Notice of Intended Department Action (hereinafter Notice), you may petition for a formal administrative hearing pursuant to section 120.57
(1), Florida Statutes. If you agree with the facts stated in the Notice, you may petition for an informal administrative hearing pursuant to section
120.57(2), Florida Statutes. You must file the petition with:
Clerk of Agency Proceedings
Department of Transportation
Haydon Burns Building
605 Suwannee Street, M.S. 58
Tallahassee, Florida 32399-0458
1.
The petition for an administrative hearing must conform to the requirements of Rule 28-106.201(2) or Rule 28-106.301(2), Florida Administrative
Code, and be filed with the Clerk of Agency Proceedings by 5:00 p.m. no later than 21 days after you received the Notice. The petition must include
a copy of the Notice, be legible, on 8 1/2 by 11 inch white paper, and contain:
2.
3.
4.
5.
6.
If there are disputed issues of material fact a formal hearing will be held, where you may present evidence and argument on all issues involved and
conduct cross-examination. If there are no disputed issues of material fact an informal hearing will be held, where you may present evidence or a
written statement for consideration by the Department.
Mediation, pursuant to section 120.573, Florida Statutes, may be available if agreed to by all parties, and on such terms as may be agreed upon by
all parties. The right to an adminstrative hearing is not affected when mediation does not result in a settlement.
Your petition for an administrative hearing shall be dismissed if it is not in substantial compliance with the above requirements of Rule 28-106.201(2)
or Rule 28-106.301(2), Florida Administrative Code. If you fail to timely file your petition in accordance with the above requirements, you will have
waived your right to have the intended action reviewed pursuant to chapter 120, Florida Statutes, and the action set forth in the Notice shall be
conclusive and final.
Your name, address, telephone number, any Department of Transportation identifying number on the Notice, if known, the name and
identification number of each agency affected, if known, and the name, address, and telephone number of your representative, if any,
which shall be the address for service purposes during the course of the proceeding.
An explanation of how your substantial interests will be affected by the action described in the Notice;
A statement of when and how you received the Notice;
A statement of all disputed issues of material fact. If there are none, you must so indicate;
A concise statement of the ultimate facts alleged, including the specific facts you contend warrant reversal or modification of the agency's
proposed action, as well as an explanation of how the alleged facts relate to the specific rules and statutes you contend require reversal
or modification of the agency's proposed action;
A statement of the relief sought, stating precisely the desired action you wish the agency to take in respect to the agency's proposed
action.
SYSTEMS PLANNING - 06/06
850-040-18
Page 3 of 3
Rule 14-96, F.A.C.
Approved
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Rosie Evert
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Rule 14-96, F.A.C. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
RECEIPT OF CONNECTION APPLICATION
AND FEE (OR WAIVER OF FEE)
850-040-16
SYSTEMS PLANNING
06/17
(1) APPLICATION NUMBER:
APPLICANT:
(2) Name/Address:
(3) Project Name:
VEHICLES PER DAY FEE
(4) Fee Category A 1-20 $50.00
Category B 21-600 $250.00
Category C 601-1,200 $1,000.00
Category D 1,201-4,000 $2,000.00
Category E 4,001-10,000 $3,000.00
Category F 10,001-30,000 $4,000.00
Category G 30,001 + $5,000.00
Temporary $250.00
Safety NO FEE
Government Entity NO FEE
(5) Application Fee Collected $
Payment Type:
Money Order
Check (check number )
Cash
Credit Card (online only)
(6) Fee Collected By
Name
(PRINT)
Signature
Date District Unit
(7) Receipt Given Back to Applicant Via
Hand Delivery Mail Courier Service Other Electronically
Applicant (or Agent) Signature (if available)
This form bears your application number and serves as your receipt.
(8) If fee is waived, give justification below or on separate sheet.
FOR AGENCY USE ONLY – ATTACH COPY OF CHECK ON THE NEXT PAGE
Make Checks payable to: State of Florida Department of Transportation
IMPORTANT NOTE: Even though your application has been accepted, it may not be
complete. We will contact you if more information is needed.
4
3805 South Ocean Boulevard
4
Susan B. Zessin
4
Susan B. Zessin
4576
50
Highland Beach, Florida 33487
2022-A-496-00058
Rosie Evert
Permits
4
Rosie Evert
8/4/2022
Approved
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Rosie Evert
2/13/2023Page 146
Approved
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Rosie Evert
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Rule 14-96, F.A.C.STATE OF FLORIDA DEPARTMENT OF TRANSPORTATIONDRIVEWAY/CONNECTION APPLICATION
FOR ALL CATEGORIES
850-040-15
SYSTEMS PLANNING
11/17
Page 1 of 3
OFFICE USE ONLY
Application Number:
Category:
Section/Mile Post:
Section/Mile Post:
Received By:
FDOT STAFF (TYPE OR PRINT)
Date:
State Road:
State Road:
Instructions –To Applicant
Contact the Department of Transportation to determine what plans and other documents you are required to submit with your
application.
Complete this form (some questions may not apply to you) and attach all necessary documents and submit it to the
Department of Transportation.
For help with this form contact your local Maintenance or District Office.
Or visit our website at https://osp.fdot.gov/for the contact person and phone number in your area.
You may also email –driveways@dot.state.fl.us
Or call your District or local Florida Department of Transportation Office and ask for Driveway Permits.
Please print or type
APPLICANT:
Check one:
Owner Lessee Contract to Purchase
Name:Susan B. Zessin, Trustee
Responsible Officer or Person:John G. Zessin 2012 Gifting Trust
If the Applicant is a Company or Organization, Name:
Address:3805 South Ocean Boulevard
City, State:Highland Beach, FL
Zip:33487 Phone:561-445-1258 Fax:
Email:josh@oceanbluecustomhomes.coml
LAND OWNER:(If not applicant)
Name:
If the Applicant is a Company or Organization, Name:
Address:
City, State:
Zip:Phone:Fax:
Email:
Approved
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Rule 14-96, F.A.C.STATE OF FLORIDA DEPARTMENT OF TRANSPORTATIONDRIVEWAY/CONNECTION APPLICATION
FOR ALL CATEGORIES
850-040-15
SYSTEMS PLANNING
11/17
Page 2 of 3
AUTHORIZED REPRESENTATIVE:If specified by Applicant to handle, represent, sign, and file the application –
NOTE: A notarized letter of authorization must be provided with the Application.
Name:
Company Name:
Address:
City, State:
Zip:Phone:Fax:
Email:
Address of property to be served by permit (if known):
3805 South Ocean Boulevard, Highland Beach, FL 33487
If address is not known, provide distance from nearest intersecting public street (such as, 500 feet south of Main St.)
Check here if you are requesting a
new driveway temporary driveway modification to existing driveway safety upgrade
Does the property owner own or have any interests in any adjacent property?
No Yes, if yes –please describe:
Are there other existing or dedicated public streets, roads, highways or access easements bordering or within the
property?
No Yes, if yes –list them on our plans and indicate the proposed and existing access points.
Local Government Development Review or Approval Information:
Local Government Contact:Building Official
Name:Jeff Remas
Government Agency:Town of Highland Beach
Phone #:561-278-4540
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Rule 14-96, F.A.C.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
DRIVEWAY/CONNECTION APPLICATION
FOR ALL CATEGORIES
850-040-15
SYSTEMS PLANNING
11/17
Page3 of3
If you are requesting commercial or industrial access, please indicate the types and number of businesses and provide the floor area
sauare footaoe of each. Use additional sheets if necessarv . Business (Name and i'vnel Sauare footaae Business (Name and Tvnel Sauare Footaae
X 3.
1. X
4.
2 .
f IQ r sidential develooment access, what is the type(sin!'.lle familv, aoartment townhouse) and number of units?
If vou are reaues in a e Number of Units
fvnA 1
Single Family Residence
Provide an estimate of the daily traffic volume anticipated for the entire property at build out. (An individual single 1amily home, duplex,
or quad-plex is not required to complete this section).
Dail Traffic Estimate = 1 o use the latest Institute of Trans ortation En ineers ITE Tri Generation Re ort
If ou used the ITE Tri Generation Re ort, rovide the land use code, inde endent variable, and reference a e number.
ITE Land Use Code Independent Variable ITE Report page number reference
210
10 PBC Table
Check with the Florida DOT Office where you will return this form to determine which of the following documents are required to
com lete the review of our a lication.
Plans should be 11" x 17" (scale 1" x 50')
Note: No plans larger than 24" x 36" will be accepted
a) Highway and driveway plan profile
b) Drainage plan showing impact to the highway
right-of-way
c) Map and letters detailing utility locations before and
after Development in and along the right of way
d) Subdivision, zoning, or development plans
e) Property map indicating other access, bordering roads
and streets
Important Notices to Applicant Before Signing Application
f) Proposed access design
g) Parcel and ownership maps including easements (Boundary
Survey)
h) Signing and striping plans
i) Traffic Control/Maintenance of Traffic plan
j) Proof of liability insurance
k) Traffic Impact Study
I) Cross section of roadway every 100' if exclusive tum lanes
are re uired
The Deparbnent Reserves The Right To Change Traffic Features And Devices In Right Of Way At Any Time
Proposed traffic control features and devices In the right of way, such as median openings and other traffic control devices,
are not part of the connection(s) to be authorized by a connection permit. The Department reserves the right to change these
features and devices In the future in order to promote safety In the right of way or efficient traffic operations on the highway.
Expenditure by the applicant of monies for Installation or maintenance of such features or devices shall not create any
interest in the maintenance of such features or devices.
Significant Changes In Property Use Must Undergo Further Review
If an access permit is issued to you it will state the terms and conditions for its use. Significant changes in the use as defined
in Section 335.182(3), Florida Statutes, of the permitted access not consistent with the terms and conditions listed on the
permit may be considered a violation of the permit.
All Information I Give Is Accurate I certify that I am familiar with the information contained in this application and that to the best of my knowledge and belief
such Information is true, complete and accurate. '
S~rting Wo"!< On The Driveway Connection After I Get My Permit Means I Accept All the Conditions In My Permit
I wll~ not begm work on the connection until I receive my Permit and I understand all the conditions of the Permit. When I
m work on the connection I am acce tin all conditions listed in m Permit
Applicant Name (Printed): "'2. <. Approved
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Approved
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Approved
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Approved
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Approved
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Approved
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Approved
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Rule 14-96, F.A.C.STATE OF FLORIDA DEPARTMENT OF TRANSPORTATIONDRIVEWAY/CONNECTION PERMIT
FOR ALL CATEGORIES
850-040-18
SYSTEMS PLANNING
06/06
Page 1 of 3
PART 1: PERMIT INFORMATION
Application Number:
Permit Category:Access Classification:
Project:
Permittee:
Section/Mile Post:State Road:
Section/Mile Post:State Road:
PART 2: PERMITTEE INFORMATION
Permittee Name:Susan B. Zessin, Trustee of the John G. Zessin 2012 Gifting Trust
Permittee Mailing Address:3805 SOUTH OCEANBOULEVARD
City, State, Zip:HIGHLAND BEACH, FL 33483
Telephone:561-445-1258
Engineer/Consultant/or Project Manager:EnviroDesign Associates, Inc.
Engineer responsible for construction inspection:Joseph A. Pike, PE 24696
NAME P.E. #
Mailing Address:298 Pineapple Grove Way
City, State, Zip:Delray Beach, FL 33444
Telephone:561-274-6500 Mobile Phone:
PART 3: PERMIT APPROVAL
The above application has been reviewed and is hereby approved subject to all Provisions as attached.
Permit Number:
Department of Transportation
Signature:Title:
Department Representative’s Name:
Temporary Permit:YES NO (If temporary, this permit is only valid for 6 months)
Special provisions attached:YES NO
Date of Issuance:
If this is a normal (non-temporary) permit it authorizes construction for one year from the date of issuance.This can only
be extended by the Department as specific in 14-96.007(6).
See following pages for General and Special Provisions
Approved
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Rosie Evert
2/13/2023Page 161
Rule 14-96, F.A.C.STATE OF FLORIDA DEPARTMENT OF TRANSPORTATIONDRIVEWAY/CONNECTION PERMIT
FOR ALL CATEGORIES
850-040-18
SYSTEMS PLANNING
06/06
Page 2 of 3
PART 4: GENERAL PROVISIONS
1.Notify the Department of Transportation Maintenance Office at least 48 hours in advance of starting proposed work.
Phone:, Attention:
2.A copy of the approved permit must be displayed in a prominent location in the immediate vicinity of the connection
of construction.
3.Comply with Rule 14-96.008(1), F.A.C., Disruption of Traffic.
4.Comply with Rule 14-96.008(7), F.A.C., on Utility Notification Requirements.
5.All work performed in the Department’s right of way shall be done in accordance with the most current Department
standards, specifications and the permit provisions.
6.The permittee shall not commence use of the connection prior to a final inspection and acceptance by the
Department.
7.Comply with Rule 14-96.003(3)(a), F.A.C., Cost of Construction.
8.If a Significant Change of the permittee’s land use, as defined in Section 335.182, Florida Statutes, occurs, the
Permittee must contact the Department.
9.Medians may be added and median openings may be changed by the Department as part of a Construction Project
or Safety Project. The provision for a median might change the operation of the connection to be for right turns
only.
10.All conditions in NOTICE OF INTENT WILL APPLY unless specifically changed by the Department.
11.All approved connection(s) and turning movements are subject to the Department’s continuing authority to modify
such connection(s) or turning movements in order to protect safety and traffic operations on the state highway or
State Highway System.
12.Transportation Control Features and Devices in the State Right of Way.Transportation control features and
devices in the Department’s right of way, including, but not limited to, traffic signals, medians, median openings, or
any other transportation control features or devices in the state right of way, are operational and safety
characteristics of the State Highway and are not means of access. The Department may install,remove or modify
any present or future transportation control feature or device in the state right of way to make changes to promote
safety in the right of way or efficient traffic operations on the highway.
13.The Permittee for him/herself, his/her heirs,his/her assigns and successors in interest, binds and is bound and
obligated to save and hold the State of Florida, and the Department, its agents and employees harmless from any
and all damages, claims, expense, or injuries arising out of any act, neglect, or omission by the applicant, his/her
heirs, assigns and successors in interest that may occur by reason of this facility design, construction, maintenance,
or continuing existence of the connection facility,except that the applicant shall not be liable under this provision for
damages arising from the sole negligence of the Department.
14.The Permittee shall be responsible for determining and notify all other users of the right of way.
15.Starting work on the State Right of Way means that I am accepting all conditions on the Permit.
Approved
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Rosie Evert
2/13/2023Page 162
Rule 14-96, F.A.C.STATE OF FLORIDA DEPARTMENT OF TRANSPORTATIONDRIVEWAY/CONNECTION PERMIT
FOR ALL CATEGORIES
850-040-18
SYSTEMS PLANNING
06/06
Page 3 of 3
PART 5: SPECIAL PROVISIONS
NON-CONFORMING CONNECTIONS:YES NO
If this is a non-conforming connection permit, as defined in Rule Chapters 14-96 and 14-97, then the following shall be a
part of this permit.
1.The non-conforming connection(s) described in this permit is (are) not permitted for traffic volumes exceeding the
Permit Category on page 1 of this permit, or as specified in “Other Special Provisions” below.
2.All non-conforming connections will be subject to closure or relocation when reasonable access becomes available
in the future.
OTHER SPECIAL PROVISIONS:
PART 6: APPEAL PROCEDURES
You may petition for an administrative hearing pursuant to sections 120.569 and 120.57, Florida Statutes. If you dispute the facts stated in the foregoing
Notice of Intended Department Action (hereinafter Notice), you may petition for a formal administrative hearing pursuant to section 120.57(1), Florida
Statutes. If you agree with the facts stated in the Notice, you may petition for an informal administrative hearing pursuant to section 120.57(2), Florida
Statutes. You must file the petition with:
Clerk of Agency Proceedings
Department of Transportation
Haydon Burns Building
605 Suwannee Street, M.S. 58
Tallahassee, Florida 32399-0458
The petition for an administrative hearing must conform to the requirements of Rule 28-106.201(2) or Rule 28-106.301(2), Florida Administrative Code,
and be filed with the Clerk of Agency Proceedings by 5:00 p.m. no later than 21 days after you received the Notice. The petition must include a copy of
the Notice, be legible, on 8 1/2 by 11 inch white paper, and contain:
1.Your name, address, telephone number, any Department of Transportation identifying number on the Notice, if known, the name and
identification number of each agency affected, if known, and the name, address, and telephone number of your representative,if any, which
shall be the address for service purposes during the course of the proceeding.
2.An explanation of how your substantial interests will be affected by the action described in the Notice;
3.A statement of when and how you received the Notice;
4.A statement of all disputed issues of material fact. If there are none, you must so indicate;
5.A concise statement of the ultimate facts alleged, including the specific facts you contend warrant reversal or modification of the agency’s
proposed action, as well as an explanation of how the alleged facts relate to the specific rules and statutes you contend require reversal or
modification of the agency’s proposed action;
6.A statement of the relief sought, stating precisely the desired action you wish the agency to take in respect to the agency’s proposed action.
If there are disputed issues of material fact a formal hearing will be held, where you may present evidence and argument on all issues involved and
conduct cross-examination. If there are no disputed issues of material fact an informal hearing will be held, where you may present evidence or a
written statement for consideration by the Department.
Mediation, pursuant to section 120.573, Florida Statutes, may be available if agreed to by all parties, and on such terms as may be agreed upon by all
parties. The right to an administrative hearing is not affected when mediation does not result in a settlement.
Your petition for an administrative hearing shall be dismissed if it is not in substantial compliance with the above requirements of Rule 28-106.201(2) or
Rule 28-106.301(2), Florida Administrative Code. If you fail to timely file your petition in accordance with the above requirements, you will have waived
your right to have the intended action reviewed pursuant to chapter 120, Florida Statutes, and the action set forth in the Notice shall be conclusive and
final.
Approved
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Approved
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Approved
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Approved
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Approved
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Approved
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Approved
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File Attachments for Item:
B. Resolution No. 2023-016
A Resolution of the Town Commission of the Town of Highland Beach, Florida,
authorizing the Mayor to execute Amendment Number Six (6) to the State of Florida
Department of Transportation (FDOT) District Four (4) Landscape Inclusive
Memorandum of Agreement on behalf of the Town of Highland Beach, Florida and
providing for an effective date.
Page 175
TOWN OF HIGHLAND BEACH
AGENDA MEMORANDUM
MEETING TYPE: Town Commission Meeting
MEETING DATE August 1, 2023
SUBMITTED BY: Ingrid Allen, Town Planner, Building Department
SUBJECT: Amendment Number Six (6) to the Florida Department of
Transportation’s Landscape Inclusive Memorandum of Agreement for
the property located 3805 South Ocean Boulevard
SUMMARY:
On July 20, 2017, the Florida Department of Transportation (FDOT) and the Town of Highland
Beach entered into a Landscape Inclusive Maintenance Memorandum of Agreement
(“Agreement”) for the purpose of maintaining landscape improvements on State Road A1A
(South Ocean Boulevard). Since the execution of this Agreement, there have been five (5)
amendments to the Agreement as follows:
AMENDMENT
NUMBER
LOCATION FDOT PERMIT NO. DATE OF EXECUTED
AMENDMENT
1 3615 S. Ocean Blvd. 2019-L-496-00005 February 5, 2020
2 Several (crosswalks) 2020-L-496-00002 February 19, 2020
3 2352 S. Ocean Blvd. 2020-L-496-00005 December 21, 2020
4 2500 S. Ocean Blvd. 2021-L-496-00004 January 21, 2022
5 4005 S. Ocean Blvd. 2022-L-496-00008 September 13, 2022
Landscaping improvements are proposed to be installed in FDOT’s Right-of-Way (ROW)
along State Road A1A at 3805 South Ocean Boulevard and therefore an amendment (No. 6)
to the Agreement is required. While this amendment to the Agreement indicates that the Town
will maintain the additional landscape improvements, Section 28 -10(a) of the Town Code of
Ordinances, requires the property owner to be responsible for the m aintenance of all
landscaping on adjacent public rights-of way as follows:
Page 176
Sec. 28-10. - Maintenance standards for cultivated landscape areas.
(a) General: The owner, and/or lessee of land subject to this chapter shall be
responsible for the maintenance of all landscaping located on their property and on
adjacent public rights-of-way, which shall be maintained in good condition so as to present
a healthy, neat and orderly landscape area which shall include, but not be limited to,
weeding, mulching, fertilizing, pruning, mowing, and edging as generally set forth in this
section.
At the July 13, 2023 Planning Board (“Board”) meeting, the Board granted site plan approval
for a new three-story, 9,397 square foot single family residence with pool/spa, and a dune
walkover for the property (Development Order No. 22-0012). This site plan approval included
a landscape plan for the property and the adjacent FDOT ROW . The ROW landscaping
approved by the Board is consistent with the ROW landscaping plan approved by FDOT via
permit number 2023-L-496-00004 (Note that FDOT conditionally approved the ROW
landscaping subject to approval by the Town Commission). It is worth noting that the Applicant
is proposing to remove a black olive tree located along FDOT’s ROW (see sheet LP-2 of the
amended Agreement) which is considered a specimen tree according to Section 20 -135(b) of
the Town Code. While Section 20-135(d) of the Town code requires Town Commission
approval for the removal of a specimen tree, hazardous trees are exempt from such approval
according to Section 20-124(f) as follows:
(f)Hazardous trees exempt. In the event that any tree shall be determined to be in a
hazardous or dangerous condition so as to endanger the public health, welfare or safety,
and requires immediate removal without delay, written authorization may be given by the
building department and the trees removed without obtaining a pe rmit as herein required.
FDOT has designated this black olive tree as hazardous (see attached correspondence from
FDOT). Additional trees are proposed to be removed in FDOT’s ROW, which are not
considered specimen or historic trees. Aside from specimen or historic trees, Section 20-
124(a) of the Town Code exempts single -family homes from the tree removal regulations of
Chapter 20, Article IV (Resource Protection Standards).
FISCAL IMPACT:
N/A
ATTACHMENTS:
Aerials
Resolution
Amendment Number six (6) to FDOT Landscape Inclusive Memorandum of Agreement.
Correspondence from FDOT regarding hazardous tree in ROW - dated April 24, 2023.
FDOT Inclusive Landscape Maintenance Memorandum of Agreement – July 20, 2017.
Page 177
RECOMMENDATION:
At the discretion of the Town Commission
Page 178
380 5 South Ocea n Blvd.Palm Be ach Cou ntyNone
July 3, 2023
0 0.008 5 0.0170.004 25 m i
0 0.01 0.020.005 km
1:57 6
Crea te d b y: P alm Beach Co untyµPage 179
3805 South Ocean Blvd. (Front)
01/09/2023
SUBJECT PROPERTY
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TOWN OF HIGHLAND BEACH
RESOLUTION NO. 2023-016
A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF
HIGHLAND BEACH, FLORIDA, AUTHORIZING THE MAYOR TO
EXECUTE AMENDMENT NUMBER SIX (6) TO THE STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) DISTRICT
FOUR (4) LANDSCAPE INCLUSIVE MEMORANDOM OF AGREEMENT
ON BEHALF OF THE TOWN OF HIGHLAND BEACH, FL ORIDA AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on July 20, 2017, the Town of Highland Beach entered into a Landscape
Inclusive Maintenance Memorandum of Agreement with the Florida Department of Transportation
(FDOT), District four (4), for the purpose of maintaining landscape improvements by the Town
on State Road A1A (South Ocean Boulevard); and
WHEREAS, since the execution of the Landscape Inclusive Maintenance Memorandum
of Agreement, there have been five (5) amendments to the Agreement which were executed on
February 5, 2020 (FDOT Permit No. 2019-L-496-00005), February 19, 2020 (FDOT Permit No.
2020-L-496-00002), December 21, 2020 (FDOT Permit No. 2020-L-496-00005), January 21,
2022 (FDOT Permit No. 2021-L-496-00004), and September 13, 2022 (FDOT Permit No. 2022-
L-496-0008), respectively; and
WHEREAS, new landscaping improvements (FDOT Permit No. 2023-L-496-00004) are
proposed to be installed in the right-of-way of State Road A1A at 3805 South Ocean Boulevard;
and
WHEREAS, these new landscaping improvements, as noted above, require an amendment
to the Landscape Inclusive Maintenance Memorandum of Agreement whereby the Town and
FDOT agree to the installation of the improvements at 3805 South Ocean Boulevard; and
WHEREAS, the purpose of this Resolution is to authorize the Mayor to execute on behalf
of the Town, the amendment to the Landscape Inclusive Maintenance Memorandum of Agreement
attached to this Resolution; and
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF THE
TOWN OF HIGHLAND BEACH, FLORIDA, AS FOLLOWS:
Page 181
Resolution No. 2023-016
2
Section 1. The recitations set forth above are true, accurate and correct and are
incorporated herein.
Section 2. That the Mayor is authorized to execute amendment number six (6) to the
State of Florida Department of Transportation Landscape Inclusive Memorandum of Agreement
attached to this Resolution and made a part hereof.
Section 3. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 4. This Resolution shall be effective immediately upon adoption.
DONE AND ADOPTED by the Town Commission of the Town of Highland Beach,
Florida, this ______ day of _____________, 2023.
ATTEST: Natasha Moore, Mayor
REVIEWED FOR LEGAL
SUFFICIENCY
Lanelda Gaskins, MMC
Town Clerk
Glen Torcivia, Town Attorney
Town of Highland Beach
VOTES: YES NO
Mayor Natasha Moore
Vice Mayor David Stern
Commissioner Evalyn David
Commissioner Donald Peters
Commissioner Judith Goldberg
Page 182
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BEACH\#6. 2023-L-496-00004\Highland Beach_Amend#6_Zessin.doc
SECTION: 93060000
STATE ROAD: A1A
PERMIT: 2023-L-496-00004
COUNTY: PALM BEACH
DISTRICT FOUR (4) AMENDMENT NUMBER SIX (6) TO STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
LANDSCAPE INCLUSIVE MEMORANDUM OF AGREEMENT
THIS AMENDMENT Number Six (6) to the Agreement dated July 20, 2017, made and
entered into this ______ day of _______________ 20_____ by and between the State of
Florida Department of Transportation hereinafter called the DEPARTMENT and the TOWN OF
HIGHLAND BEACH, a municipal corporation of the State of Florida, hereinafter called the
AGENCY.
W I T N E S S E T H
WHEREAS, the parties entered into the Landscape Inclusive Maintenance
Memorandum of Agreement dated, July 20, 2017 for the purpose of maintaining the landscape
improvements by the AGENCY on State Road A1A (South Ocean Boulevard); and,
WHEREAS, the DEPARTMENT and the AGENCY have agreed to add additional
landscape by permit to be installed on State Road A1A (South Ocean Boulevard) in accordance
with the above referenced Agreement; and,
NOW THEREFORE, for and in consideration of mutual benefits that flow each to the other,
the parties covenant and agree as follows:
1. Pursuant to Page 7, Paragraph 7 of the Landscape Inclusive Maintenance Memorandum
of Agreement for State Road A1A (South Ocean Boulevard) dated July 20, 2017, the
DEPARTMENT will allow an adjacent property owner to construct additional landscape
improvements or to modify an improvement as indicated in Exhibit "A", State Road A1A
(South Ocean Boulevard) from M.P. 6.011 to M.P. 6.030. In accordance with the plans
attached as Exhibit "B".
2. The AGENCY shall agree to maintain the additional landscape improvements in the
Agreement described above according to the Maintenance Plan, Exhibit "E” of the
original agreement and as follows:
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PART II. SPECIFIC PROJECT SITE MAINTENANCE REQUIREMENTS AND
RECOMMENDATIONS
1. The landscape design intention within the ROW is to maintain a low profile for the
ultimate visibility to oncoming traffic and safety. Thus, only very small accent trees
(Garcinia Trees), agave, low shrubs and groundcovers are specified on our plan.
9. Ensure exterior lighting complies with turtle safe practices.
2. To maintain the intended appearance of all shrubs and turf grass, apply Osmocote®
14-14-14 or Nutricote® 13-13-13 per the manufacturer’s specifications. Product can
be broadcast or sprinkled at the plant's base, but avoid letting it sit on leaves.
3. Groundcover and shrub horizontal growth shall be maintained to prevent foliage from
growing beyond the limits of the planting areas shown on the plan. Maintain 12”
setback from the foliage to the edge of curb, pavement, sidewalk and/or other
hardscape improvements.
4. Maintain the vertical height of:
Podocarpus Pringles between 18” and 24”, full to ground
Ficus Green Island between 8” and 12”, full to ground
St Augustine Floratan or Palmetto sod trim down to 1-1.5” and not to exceed 3”
between cuts.
5. Inspect groundcovers and shrubs monthly.
6. Evaluate plant material on a monthly basis for pests, diseases, drought stress or
general decline. If required, follow the integrated pest management program
established by the Agency to ensure healthy plants.
7. Concrete pavers shall be inspected on a yearly basis for the aesthetic appearance
and safety conditions. Address any issues identified by repairing or replacing those
specific locations. To maintain the overall aesthetic appearance and safety of the
concrete pavers they shall be cleaned on a yearly basis to prevent mold, dirt, oil, and
gum build up. Joints and cracks in concrete, patterned concrete or asphalt, concrete
pavers, concrete curbs, expansion joints, catch basins, gutter areas, etc. shall be
inspected on a bi-yearly basis to keep those areas free of weeds.
8. Inspect the irrigation system performance on a monthly basis to ensure the system is
providing 100% coverage, does not have sections of low pressure, heads and valves
are clean and clear of debris and any damaged irrigation components (i.e., spray
nozzles, spray heads, valve boxes, etc.) are repaired or replaced.
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BEACH\#6. 2023-L-496-00004\Highland Beach_Amend#6_Zessin.doc
Except as modified by this Amendment, all terms and conditions of the original Agreement
and all Amendments thereto shall remain in full force and effect.
LIST OF EXHIBITS
Exhibit A - Landscape Improvements Maintenance Boundaries Limits
Exhibit B - Landscape Improvement Plans
In Witness whereof, the parties hereto have executed with this Amendment effective
the _____day ___________ year written and approved.
TOWN OF HIGHLAND BEACH
By: _____________________________
Chairperson/Mayor/Manager
Attest: _____________________(SEAL)
Clerk
Legal Review Date
_______________________ ________
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By: ______________________________
Transportation Development Director
Attest: ___________________________
Executive Secretary
Legal Review Date
_______________________ ________
Office of the General Counsel
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BEACH\#6. 2023-L-496-00004\Highland Beach_Amend#6_Zessin.doc
SECTION: 93060000
STATE ROAD: A1A
PERMIT: 2023-L-496-00004
COUNTY: PALM BEACH
EXHIBIT A
LANDSCAPE IMPROVEMENTS MAINTENANCE BOUNDARIES LIMITS
I. ORIGINAL INCLUSIVE LANDSCAPE MAINTENANCE AGREEMENT LIMITS:
State Road A1A (South Ocean Boulevard) from approximately ¼ mile North of Spanish
River Blvd (M.P. 4.868) to approximately ½ mile South of Linton Blvd (M.P. 7.711)
II. LANDSCAPE PERMIT PROJECT LIMITS (THIS PROJECT):
State Road A1A (3805 South Ocean Boulevard) from M.P. 6.011 to M.P. 6.030
See attached map*
*All other limits of the original agreement and amendments shall apply
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BEACH\#6. 2023-L-496-00004\Highland Beach_Amend#6_Zessin.doc
SECTION: 93060000
STATE ROAD: A1A
PERMIT: 2023-L-496-00004
COUNTY: PALM BEACH
EXHIBIT B
LANDSCAPE IMPROVEMENT PLANS
The AGENCY agrees to install the landscape improvements in accordance with the plans and
specifications attached hereto and incorporated herein.
Please see attached plans prepared by: Louis Ilias Vlahos, PLA
Majestic Views Landscape Architects, Inc.
April 26, 2023
Page 188
DocuSign Envelope ID: BD292861-AC7D-48AC-83CA-A84E4066C6E4
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1
Ingrid Allen
From:Lockmiller, David <David.Lockmiller@dot.state.fl.us>
Sent:Monday, April 24, 2023 12:48 PM
To:Ingrid Allen
Subject:RE: Permit 2023-L-496-00004 (3805 S. Ocean Blvd)
Ingrid,
Thank you for your follow‐up documentaƟon to our conversaƟon on the exisƟng trees within the FDOT right of way,
which I concur with.
David W. Lockmiller, PLA
Landscape Architecture Unit Consultant (KCI Technologies)
Design Office
Florida Department of Transportation – District 4
3400 W. Commercial Blvd., Ft. Lauderdale, FL 33309
David.Lockmiller@dot.state.fl.us
(954) 777‐4142
From: Ingrid Allen <iallen@highlandbeach.us>
Sent: Monday, April 24, 2023 10:44 AM
To: Lockmiller, David <David.Lockmiller@dot.state.fl.us>
Subject: Permit 2023‐L‐496‐00004 (3805 S. Ocean Blvd)
EXTERNAL SENDER: Use caution with links and attachments.
Mr. Lockmiller:
Based on our telephone conversaƟon this morning and regarding the permit number noted above, you confirmed that
FDOT considers the black olive currently located in FDOT’s ROW (and proposed to be removed by the abuƫng property
owner) to be hazardous. While SecƟon 20‐135(b) of the Town Code considers a black olive a specimen tree and such
trees require Town Commission approval (rather than a specific permit), SecƟon 20‐124 (f) of the Town Code states the
following:
(f)Hazardous trees exempt. In the event that any tree shall be determined to be in a hazardous or
dangerous condition so as to endanger the public health, welfare or safety, and requires immediate
removal without delay, written authorization may be given by the building department and the trees
removed without obtaining a permit as herein required.
Given this hazardous tree exempƟon, Town Commission approval is not required for removal of the black olive based on
the hazardous designaƟon you confirmed. Moreover, the addiƟonal trees proposed for removal in the ROW (as
submiƩed by the Applicant as part of their landscape permit MMOA request) are not considered specimen trees
pursuant to SecƟon 20‐135(b) and therefore aside from specimen and historic trees, SecƟon 20‐124(a) of the Town Code
exempts single‐family homes from the tree removal regulaƟons of Chapter 20.
If you should have any quesƟons regarding this maƩer, please contact me.
Page 195
2
Sincerely,
Ingrid Allen
Town Planner
Town of Highland Beach
3614 S. Ocean Boulevard
Highland Beach FL 33487
(561) 278‐4540 Office (option 3)
(561) 278‐2606 Fax
www.highlandbeach.us
PLEASE NOTE: Florida has a very broad public records law. Most written communications to or from the Town of Highland Beach officials and
employees regarding public business are public records available to the public and media upon request. Your e‐mail communications may be
subject to public disclosure. Under Florida law, e‐mail addresses are public records. If you do not want your e‐mail address released in response to
a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. The views expressed in this
message may not necessarily reflect those of the Town of Highland Beach.
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Page 242
File Attachments for Item:
C. Resolution No. 2023-017
A Resolution of the Town Commission of the Town of Highland Beach, Florida,
approving a Declaration of Unity of Title submitted by Gunther K. Buerman and
Margaretha Buerman for the properties located at 4015 South Ocean Boulevard and
4019 South Ocean Boulevard; and providing for an effective date.
Page 243
TOWN OF HIGHLAND BEACH
AGENDA MEMORANDUM
MEETING TYPE: Town Commission Meeting
MEETING DATE August 1, 2023
SUBMITTED BY: Ingrid Allen, Town Planner, Building Department
SUBJECT: A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF
HIGHLAND BEACH, FLORIDA, APPROVING A DECLARATION OF
UNITY OF TITLE SUBMITTED BY GUNTHER K. BUERMAN AND
MARGARETHA BUERMAN FOR THE PROPERTIES LOCATED AT
4015 SOUTH OCEAN BOULEVARD 4019 SOUTH OCEAN
BOULEVARD; AND PROVIDING FOR AN EFFECTIVE DATE (UNITY-
2023-001)
SUMMARY:
The property owners of 4015 and 4019 South Ocean Boulevard are requesting a Unity of Title.
Section 30-68(q)(3) of the Town Code states that all unities of title applicable to property within
the Town shall be reviewed by the Town attorney, approved by the Town Commission, and
recorded prior to issuance of a building permit, or as otherwise required by a development
order approved by the Town. The parcel control numbers for each parcel are as follows:
4015 South Ocean Boulevard 4019 South Ocean Boulevard
24-43-47-04-00-005-0060 24-43-47-04-00-005-0070
Both parcels are zoned Residential Single Family (RS) with a corresponding future land use
designation of Single Family. The following zoning district and future land use designations
are applicable for adjacent properties:
PARCEL ZONING DISTRICT FUTURE LAND USE
DESIGNATION
North Residential Single Family (RS) Single Family
South Residential Single Family (RS) Single Family
East NA (Atlantic Ocean) NA (Atlantic Ocean)
West Residential Multiple Family Low
Density (RML)
Multi Family Low
Density
Page 244
The property located at 4015 South Ocean Boulevard is currently vacant while the property
located at 4019 South Ocean Boulevard contains a three (3) story single-family home which
according to the Palm Beach County Property Appraiser was built in 1994. The properties
combined will total 40,176 square feet (0.9223 acres).
Upon approval of the requested Unity of Title, any future redevelopment or major modification
(as described in Section 30-39 of the Town Code) of the current single family residence will
require the submittal of a development order application to the Town’s Building Department.
Such redevelopment or major modification shall be in compliance with the Town Code of
Ordinances including but not limited to the property development regulations and permitted
uses found in the Town’s Zoning Code (Chapter 30).
FISCAL IMPACT:
N/A
ATTACHMENTS:
Application
Aerials
Resolution
RECOMMENDATION:
At the discretion of the Commission.
Page 245
585-955-3515
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Page 252
MICHAEL
J. AVIROM,
P.S.M.
Digitally signed
by MICHAEL J.
AVIROM, P.S.M.
Date: 2023.03.03
10:28:12 -05'00'
Page 253
µ 4015 and 4019 South Ocean Blvd.
0
Palm Beach County
0.00425
1: 576
0.0085 0.017 mi
Created by: Palm Beach County
July 24, 2023
None 0 0.005 0.01 0.02 km
4015
4019
N
Page 254
4015 and 4019 South Ocean Blvd. (Front)
01/09/2023
40194015
Page 255
4015 and 4019 South Ocean Blvd. (Rear)
01/09/2023
4019
4015
Page 256
TOWN OF HIGHLAND BEACH
RESOLUTION NO. 2023-017
A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF
HIGHLAND BEACH, FLORIDA, APPROVING A DECLARATION OF
UNITY OF TITLE SUBMITTED BY GUNTHER K. BUERMAN AND
MARGARETHA BUERMAN FOR THE PROPERTIES LOCATED AT 4015
SOUTH OCEAN BOULEVARD AND 4019 SOUTH OCEAN BOULEVARD;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Town of Highland Beach, Florida, is a duly constituted municipality
having such power and authority conferred upon it by the Florida Constitution and Chapter 166,
Florida Statutes; and
WHEREAS, Pursuant to Section 30-68(q)(3) Town Code of Ordinances, all unities of title
applicable to property within the Town shall be approved by the Town Commission, and recorded
prior to issuance of a building permit, or as otherwise required by a development order approved
by the Town; and
WHEREAS, Gunther K. Buerman and Margaretha Buerman own the properties located at
4015 and 4019 South Ocean Boulevard; and
WHEREAS, the property located at 4015 South Ocean Boulevard is vacant, and the
property located at 4019 South Ocean Boulevard contains a single family home; and
WHEREAS, the total lot size for both properties is 40,176 square feet (0.9223 acres).
WHEREAS, the property owners are requesting the Town approve a Declaration of Unity
of Title for 4015 and 4019 South Ocean Boulevard.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF THE
TOWN OF HIGHLAND BEACH, FLORIDA, AS FOLLOWS:
Section 1. The Town Commission finds that the proposed Declaration of Unity of Title
for the properties located at 4015 and 4019 South Ocean Boulevard with the parcel control
numbers 24-43-47-04-00-005-0060 and 24-43-47-04-00-005-0070 respectively and the following
legal description:
The south 100 feet of the north 2350 feet of Section 4 (measured at right angles to the North
line thereof), Township 47 South, Range 43 East, lying east of the centerline of State Road A1A,
the right of way of which road was conveyed to State of Florida by deed recorded in Deed Book
578, Page 129, Palm Beach County records which property is situated in the Town of Highland
Beach, Palm Beach County, Florida
Page 257
Resolution No. 2017
2
Also described as: the north 100 feet of the south 645 feet of Government Lot 5 of State Road
140.
Also described as City Lot No. 49.
Together with;
That part of the south 100 feet of the north 2450 feet of Section 4 (measured at right angles to
the North line thereof), Township 47 South, Range 43 East, Palm Beach County, Florida, lying
East of the easterly right-of-way line of State Road. No. 140, together with any right title or
interest of Grantor, if any, in and to land lying within the right-of-way of State Road 140 (A-1-
A) to the centerline thereof.
Said lands lying in Highland Beach, Palm Beach County, Florida and containing 40,176 square
feet (0.9223 acres) more or less.
does not create a parcel that is incompatible with the Town’s Comprehensive Plan and the Town’s
Zoning Code.
Section 2. The Declaration of Unity of Title for the parcels located at 4015 and 4019
South Ocean Boulevard is attached to this resolution as Exhibit A.
Section 3. The Declaration of Unity of Title is approved by the Town of Highland
Beach Town Commission.
Section 4. This Resolution shall be effective immediately upon adoption.
Page 258
Resolution No. 2017
3
DONE AND ADOPTED by the Town Commission of the Town of Highland Beach,
Florida, this ____ day of _________, 2023.
ATTEST: Natasha Moore, Mayor
REVIEWED FOR LEGAL
SUFFICIENCY
Lanelda Gaskins, MMC
Town Clerk
Glen Torcivia, Town Attorney
Town of Highland Beach
VOTES: YES NO
Mayor Natasha Moore
Vice Mayor David Stern
Commissioner Evalyn David
Commissioner Donald Peters
Commissioner Judith M. Goldberg
Page 259
EXHIBIT A
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File Attachments for Item:
D. Clarification on Section 106.113, Florida Statutes, regarding educational campaign for upcoming
referendum questions.
Page 263
TOWN OF HIGHLAND BEACH
AGENDA MEMORANDUM
MEETING TYPE: Town Commission Meeting
MEETING DATE August 1, 2023
SUBMITTED BY: Glen J. Torcivia, Town Attorney
SUBJECT: Clarification on Section 106.113, Florida Statutes, regarding
educational campaign for upcoming referendum questions.
SUMMARY:
At the June 06 2023, Town Commission meeting, the Commission provided guidance to the
Town Attorney to prepare a legal opinion outlining what actions the Town may take to engage
the community on upcoming projects, that may require referendums.
Based on the research of the Town Attorney’s office, the legal opinion is attached.
FISCAL IMPACT:
N/A
ATTACHMENTS:
Letter to Town Manager Labadie – dated July 27, 2023
RECOMMENDATION:
Commission discussion.
Page 264
TORCIVIA, DONLON,
GODDEAU & RUBIN, P.A.
701 Northpoint Parkway, Suite 209
West Palm Beach, Florida 33407-1950
561-686-8700 Telephone / 561-686-8764 Facsimile
www.torcivialaw.com
Glen J. Torcivia Jennifer H.R. Hunecke
Lara Donlon Susan M. Garrett
Christy L. Goddeau* Elizabeth V. Lenihan*
Leonard G. Rubin* Ruth A. Holmes
Ben Saver
*FLORIDA BAR BOARD CERTIFIED
CITY COUNTY AND LOCAL GOVERNMENT ATTORNEY
July 27, 2023
Via email only
Marshall Labadie, Town Manager
Town of Highland Beach
3614 South Ocean Blvd.
Highland Beach, FL 33487
Re: Section 106.113, Florida Statutes – follow-up questions
Dear Marshall:
As you are aware, we drafted a legal opinion, dated January 31, 2023 (attached), regarding the
Legislature’s 2022 revisions to Section 106.113, Florida Statutes. These amendments further limited
expenditures by local governments of public funds for communications sent to electors on referendums.
Since then, we received additional questions on the interpretation of this statute from the Town
Commission. Please see below for the questions posed and our recommendations on the same.
Question No. 1: Can the Town communicate upcoming referendum questions in the “Manager’s
Monthly” newsletter which is mailed out and emailed to our residents?
Short Answer: No. If there is a pending referendum, the Town is not permitted to expend public funds
to send any communication to electors concerning the referendum which is “subject to a vote of the
electors.”
Full Answer: As mentioned in our prior opinion, there is no guidance on how a court will interpret the
language and limits of the revised statute. However, it is likely that the Town is not prohibited by Section
106.113 from communicating with its electors to gather information on any issue that is not currently
“subject to a vote of the electors.” “Subject to a vote of the electors,” may reasonably be interpreted as
any issue currently (1) on an upcoming ballot; or (2) the subject of an adopted or pending ordinance
seeking to place the referendum question on an upcoming ballot. Therefore, an adopted or pending
referendum ordinance could be considered “subject to a vote of the electors” and, therefore, it is
recommended that it not be included in any communication from the Town to an elector. Conversely, the
Town may include issues that are not yet “subject to a vote of the electors” (e.g., issues with no pending
or adopted referendum ordinance) in the Manager’s Monthly newsletter.
Page 265
Marshall Labadie, Town Manager
Town of Highland Beach
July 27, 2023
Page 2
Torcivia, Donlon, Goddeau & Rubin, P.A., 701 Northpoint Parkway, Suite 209, West Palm Beach, Florida 33407
(561) 686-8700 - (561) 686-8764 (facsimile)
Question No. 2: Can the Town communicate upcoming referendum questions on social media?
Short Answer: No. The Town cannot communicate upcoming referendum questions on social media.
Full Answer: Section 106.113, Florida Statutes, provides exceptions to the prohibition against the Town
sending communications to its electors on referendum questions. The statute allows the Town to: (1)
report on official actions of the local government ’s governing body in an accurate, fair, and impartial
manner; (2) post factual information on a government website; (3) post factual information in printed
materials; (4) host and provide information at a public forum; (5) provide factual information in response
to an inquiry; and (6) provide information as otherwise authorized or required by law. The posting of
information on a pending referendum question on the Town’s social media is not included in the list of
exceptions, and, as such, it is recommended that the Town not use social media for this purpose. The
Town, however, may communicate issues (not the subject of a pending or adopted referendum ordinance)
on social media because they are, arguably, not yet considered to be “subject to a vote of the electors.”
Question No. 3: What is the timeframe in which we can communicate before the question is considered
an official ballot question (i.e., “subject to a vote of the electors”)?
Short Answer: The statute does not address any timeframe or define “subject to a vote of the electors.”
Full Answer: As mentioned in the full answer to Question No. 1 above, it is our opinion that “subject to
a vote of the electors,” may reasonably be interpreted as any issue currently (1) on an upcoming ballot; or,
(2) the subject of an adopted or pending ordinance seeking to place the referendum question on an
upcoming ballot. However, neither the Florida courts, Attorney General’s Office, or Division of
Elections have provided any rulings or opinions on this issue. Until we have an official ruling or opinion,
we recommend that the Town consider an issue to be “subject to a vote of the electors” when it is the
subject of a pending referendum ordinance (i.e., an ordinance has been drafted and is scheduled for first
reading on a Town Commission agenda).
Please let me know if you have any questions regarding the answers provided above, or if the Town
wishes to request an opinion on any of these questions to the Florida Division of Elections for a more
definitive answer.
Sincerely,
Glen J. Torcivia
Glen J. Torcivia
Town Attorney
Enclosure
c: Len Rubin, Esq.
Terisha Cuebas, MPA, Assistant Town Manager
Lanelda Gaskins, Town Clerk
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File Attachments for Item:
E. Consideration of Proposed Amendment No.5 to Tower Siting Lease Agreement between the Town of
Highland Beach and Sprint/T-Mobile
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TOWN OF HIGHLAND BEACH
AGENDA MEMORANDUM
MEETING TYPE: Town Commission Meeting
MEETING DATE August 1, 2023
SUBMITTED BY: Terisha Cuebas, Town Manager’s Office
SUBJECT: Consideration of Proposed Amendment No.5 to Tower Siting Lease
Agreement between the Town of Highland Beach and Sprint/T-Mobile
SUMMARY:
History: In 1998, the Town Commission, entered into a lease agreement with Sprint to allow
the install of mobile antennas on the Elevated Water Storage Tank. The terms of the
agreement included but were not limited to the Town receiving a monthly rent payment and
3% increase in rent each year as well as Sprint is responsible to pay the electricity fees
associated with powering the equipment. The lease has been renewed multiple times, over
the years, which included amendments to the original agreement to accommodate an increase
in rental fees to the Town based on improvements and modifications to the equipment a nd
included an extension on the term of the lease.
Sprint, which has now been acquired by T -Mobile, has expressed the interest in renewing the
current lease with the below terms:
Terms: Automatically extend the lease for 5 years, at the expiration of the current term,
and successive five (5) year terms.
Rent: Sprint shall pay the Town Four Thousand Seven Hundred Eighty-Three and
62/100 Dollars ($4,783.62) per month as Rent.
o The current rent is $3,718.00/month
Annual increase: The rent will escalate by 3% on December 14, 2024, and each
anniversary thereafter.
It is important to note, the Town Manager’s office successfully negotiated the rent price, as the
original proposal from T-Mobile did not reflect an increase in rent. The negotiated price was
based on the current rent agreements in place between T -Mobile and neighboring
municipalities.
FISCAL IMPACT:
Revenue funds for current lease agreement are included in the FY 202 3-2024 budget.
ATTACHMENTS:
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Proposed Amendment No. 5 To Tower Siting Lease Agreement
RECOMMENDATION:
Commission discussion and/or approval.
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TMO / Sprint Site ID: MI13XC134 10/31/2022
TMO / Sprint Lease ID: 1542559 T-Mobile Internal
AMENDMENT NO. 5 TO TOWER SITING LEASE AGREEMENT
This Amendment No. 4 to Tower Siting Lease Agreement (the “Fifth Amendment”) is
effective as of the last signature below (the “Effective Date”), by and between the Town of
Highland Beach, a Florida municipal corporation (“Town”), and SprintCom LLC (formerly a
corporation), a Kansas limited liability company (“Sprint”) (each a “Party”, or collectively, the
“Parties”).
Town and Sprint (or their predecessors-in-interest) entered into that certain Tower Siting
Lease Agreement dated December 14, 1998, including that certain First Amendment to Tower
Siting Lease Agreement dated May 8, 2006, further amended by Amendment No. 2 to Tower
Siting Lease Agreement dated March 5, 2013, and further amended by Amendment No. 3 to
Tower Siting Lease Agreement dated September 6, 2016 (including all amendments, collectively,
the “Agreement) regarding the leased premises (“Premises”) located at 3614 South Ocean Blvd.
Highland Beach, FL 33487(the “Property”).
For good and valuable consideration, Town and Sprint agree as follows:
1. At the expiration of the Lease, the term of the Lease will automatically be extended for
five (5) additional and successive five (5) year terms, each included as Renewal Term
provided that Sprint may elect not to renew by providing Town at least thirty (30) days'
notice prior to the expiration of the then current Renewal Term.
2. At the commencement of the first Renewal Term provided for in this Fifth Amendment,
Sprint shall pay Town Four Thousand Seven Hundred Eighty Three and 62/100 Dollars
($4,783.62) per month as Rent, partial calendar month to be prorated in advance, by the
fifth (5th) day of each calendar month. Thereafter, notwithstanding anything to the
contrary in the Lease, the Rent will escalate by 3% on December 14, 2024, and each
anniversary thereafter. Where duplicate Rent would occur, a credit shall be taken by
Sprint for any prepayment of duplicate Rent by Sprint.
3. Town consents to allow Sprint to complete upgrades and additions of the Antenna
Facilities on the Premises for no additional consideration, in compliance with required
permits.
4. Sprint may transmit and receive on any frequencies permitted by law.
5. If Town desires to redevelop, modify, remodel, alter the Property or make any
improvements thereon ("Redevelopment") and both Parties agree that the
Redevelopment necessitates relocation of Antenna Facilities, then: (i) Town may require
Sprint to relocate Antenna Facilities once during the Term of the Lease; (ii Town shall give
Sprint not less than twenty-four (24) months' written notice prior to relocation; (iii) both
Parties shall agree upon a suitable area for the relocation; (iv) all costs and expenses
associated with or arising out of the relocation, including approval and permitting costs,
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TMO / Sprint Site ID: MI13XC134 10/31/2022
TMO / Sprint Lease ID: 1542559 T-Mobile Internal
shall be paid by Town; (v) the relocation shall be performed exclusively by Sprint or its
agents; (vi) the relocation shall not limit or interfere with Sprint's Antenna Facility of the
Premises; (vii) the relocation shall not result in any interruption, impairment or alteration
of the communications services or quality thereof provided from the Antenna Facilities;
and (viii) if the Parties cannot agree upon a suitable area for relocation, then Sprint may
terminate the Lease in its reasonable judgment upon written notice to Town, without
penalty or further obligation.
6. Sprint shall have the right to assign, or otherwise transfer the Lease, upon Sprint 's
delivery to Town of written notice of any assignment or transfer by Sprint. Sprint shall be
relieved of all liabilities and obligations and Town shall look solely to the assignee, or
transferee for performance under the Lease. Sprint shall have the right to sublease the
Lease without the need for Town’s consent.
7. All notices, requests, demands and other communications shall be in writing and shall be
deemed to have been delivered upon receipt or refusal to accept delivery, and are
effective only when deposited into the U.S. certified mail, return receipt requested, or
when sent via a nationally recognized courier to the addresses set forth below. Town or
Sprint may from time to time designate any other address for this purpose by providing
written notice to the other Party.
If to Sprint:
Sprint Property Services
Sprint Site ID: MI13XC134
Mailstop KSOPHD0101-Z2650
6220 Sprint Parkway
Overland Park, Kansas 66251-2650
If to Town:
Town of Highland Beach
3614 South Ocean Blvd
Town of Highland Beach, FL 33487
With a copy to:
Sprint Law Department
Sprint Site ID: MI13XC134
Attn.: Real Estate Attorney
Mailstop KSOPHD0101-Z2020
6220 Sprint Parkway
Overland Park, Kansas 66251-2020
8. Sprint and Town will reasonably cooperate with each other's requests to approve permit
applications and other documents related to the Property without additional payment or
consideration.
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TMO / Sprint Site ID: MI13XC134 10/31/2022
TMO / Sprint Lease ID: 1542559 T-Mobile Internal
9. Town will execute a Memorandum of Agreement at Sprint's request. If the Property is
encumbered by a deed, mortgage or other security interest, Town will also execute a
subordination, non-disturbance and attornment agreement.
10. Any charges payable under the Lease other than Rent shall be billed by Town to Sprint
within twelve (12) months from the date in which the charges were incurred or due;
otherwise, the same shall be deemed time-barred and be forever waived and released
by Town.
11. Except as expressly set forth in this Fifth Amendment, the Lease otherwise is unmodified.
To the extent any provision contained in this Fifth Amendment conflicts with the terms
of the Lease, the terms and provisions of this Fifth Amendment shall control. Each
reference in the Lease to itself shall be deemed also to refer to this Fifth Amendment.
12. This Fifth Amendment may be executed in duplicate counterparts, each of which will be
deemed an original. Signed electronic, scanned, or facsimile copies of this this Fifth
Amendment will legally bind the Parties to the same extent as originals.
13. Each of the Parties represents and warrants that it has the right, power, legal capacity and
authority to enter into and perform its respective obligations under this Fifth
Amendment. Town represents and warrants to Sprint that the consent or approval of a
third party has either been obtained or is not required with respect to the execution of
Fifth Amendment. If Town is represented by any property manager, broker or any other
leasing agent (“Agent”), then (a) Town is solely is responsible for all commission, fees or
other payment to Agent and (b) Town shall not impose any fees on Sprint to compensate
or reimburse Town for the use of Agent, including any such commissions, fees or other
payments arising from negotiating or entering into this Fifth Amendment or any future
amendment.
14. This Fifth Amendment will be binding on and inure to the benefit of the Parties herein,
their heirs, executors, administrators, successors-in-interest and assigns.
IN WITNESS, the Parties execute this Fifth Amendment as of the Effective Date.
Town:
Town of Highland Beach, a Florida municipal
corporation
Sprint:
SprintCom LLC, a Kansas limited liability
company
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TMO / Sprint Site ID: MI13XC134 10/31/2022
TMO / Sprint Lease ID: 1542559 T-Mobile Internal
By:
Print Name:
Title:
Date:
By:
Print Name: __________________________
Title: ________________________________
Date:
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