2023.08.15_TC_Agenda_Regular1
TOWN OF HIGHLAND BEACH
TOWN COMMISSION MEETING
AGENDA
Tuesday, August 15, 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. Palm Beach County Supervisor of Elections Wendy Sartory Link Presentation
B. Resolution No. 2023-018
A Resolution of the Town Commission of the Town of Highland Beach, Florida,
recognizing the Late Honorable Mayor Bernard Featherman for having served
with distinction as a Commissioner of the Town of Highland Beach from March
11, 2011 through March 23, 2017.
6. PUBLIC COMMENTS
Public Comments will be limited to five (5) minutes per speaker.
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Town Commission Meeting Agenda August 15, 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 15, 2023 1:30 PM Town Commission Meeting
August 24, 2023 1:30 P.M. Town Commission Special Meeting
August 30, 2023 11:00 A.M. Natural Resources Preservation
Advisory Board Regular Meeting
September 05, 2023 1:30 P.M. Town Commission Meeting
September 05, 2023 5:01 P.M. Town Commission First Public Hearing
Budget Meeting
Board Action Report
None.
8. ORDINANCES (Public Comments will be limited to three (3) minutes per speaker
per item after Commission initial discussion.)
A. None.
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. Approval of Meeting Minutes
August 1, 2023 Town Commission Meeting Minutes
B. Approve and authorize the Mayor to execute a Professional Services Agreemen t
with GFA International, Inc. dba Universal Engineering Services for the building
inspections, plan review, code enforcement inspections and building official
services for the Building Department according to the City of Lake Worth Beach
Request for Proposal (RFP) #22-204.
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Town Commission Meeting Agenda August 15, 2023
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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
B. Florida Department of Transportation (FDOT) RRR Project Update
11. NEW BUSINESS (Public Comments will be limited to three (3) minutes per speaker
per item after Town Commission initial discussion.)
A. Responsibilities and activities of the Canvassing Board
B. Approve and authorize the Town Manager to execute an Intergovernmental
Agreement with the South Central Planning and Development Commission
(SCPDC) for a government management software module collectively called
MyGovernmentOnline (MGO) software.
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
A. Senate Bill 774 (Form 6) New Financial Disclosure Requirements for Local
Officials Presentation
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.
Page 3
File Attachments for Item:
B. Resolution No. 2023-018
A Resolution of the Town Commission of the Town of Highland Beach, Florida,
recognizing the Late Honorable Mayor Bernard Featherman for having served with
distinction as a Commissioner of the Town of Highland Beach from March 11, 2011
through March 23, 2017.
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RESOLUTION NO. 2023-018
A RESOLUTION OF THE TOWN COMMISSION OF HIGHLAND BEACH,
FLORIDA, RECOGNIZING THE LATE HONORABLE MAYOR BERNARD
FEATHERMAN FOR HAVING SERVED WITH DISTINCTION AS A
COMMISSIONER OF THE TOWN OF HIGHLAND BEACH FROM MARCH 11,
2011, THROUGH MARCH 23, 2017.
WHEREAS, the Town Commission of the Town of Highland Beach serves as the legislative
body of the governmental agency; and
WHEREAS, the Town of Highland Beach takes the time to recognize its legislative officials
in times of bereavement; and
WHEREAS, Bernard Featherman has been a resident of the Town of Highland Beach for the
past 14 years; and
WHEREAS, Mr. Featherman was elected to the Office of Mayor-Commissioner by Highland
Beach electors on March 08, 2011, and
WHEREAS, in March of 2014, Mr. Featherman ran unopposed for the same seat and was
declared the winner for the Office of Mayor-Commissioner; and
WHEREAS, the members of the Town Commission of the Town of Highland Beach, staff,
employees and residents express their deepest sympathy and condolences to the family of the late
Bernard Featherman.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF
HIGHLAND BEACH, that Bernard Featherman, Mayor of the Town of Highland Beach, is hereby
recognized for his dedication and outstanding service to the entire Highland Beach community.
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
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Resolution No. 2023-018
2
VOTES: YES NO
Mayor Natasha Moore
Vice Mayor David Stern
Commissioner Evalyn David
Commissioner Donald Peters
Commissioner Judith Goldberg
Page 6
File Attachments for Item:
A. August 1, 2023 Town Commission Meeting Minutes
Page 7
TOWN OF HIGHLAND BEACH
TOWN COMMISSION MEETING MINUTES
LIBRARY COMMUNITY ROOM,
3618 S. OCEAN BLVD.
HIGHLAND BEACH, FL
Date: August 01, 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 Glen Torcivia
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, which
passed unanimously 5 to 0.
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.
Mayor Moore read the title of Resolution No. 2023-015. She introduced applicant
Kenneth Shriberg.
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Town Commission Meeting Minutes
Date: August 01, 2023 Page 2 of 7
Mr. Shriberg, applicant, provided a brief introduction of himself including his
involvement with his condominium association, his educational and professional
experiences, and his interest in sea turtles.
Mr. Allen Blumberg, applicant, provided background information about his
experiences, PhD in Ocean Physics, and his interest in beach erosion.
The Town Commission interviewed applicants Kenneth Shriberg and Alan
Blumberg followed by a motion.
MOTION: David/Goldberg - Moved to approve Resolution No. 2023-15, which
passed unanimously 5 to 0.
6. PUBLIC COMMENTS
There were no public comments.
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
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 PM Town Commission Meeting
Board Action Report
Financial Advisory Board Workshop Meeting of July 27 - Board Member
Richard Greenwald
Board Member Richard Greenwald provided an update on the July 27, 2023,
Financial Advisory Board Meeting. He spoke about the presentations and indicated
that they were well-polished and well-received. Eric Marmer presented a revised
Purchasing Policy at the meeting and there were no major concerns from the
members.
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Town Commission Meeting Minutes
Date: August 01, 2023 Page 3 of 7
8. ORDINANCES
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 pro viding for local
amendments; providing for the repeal of all ordinances in conflict;
providing for severability and codification; and providing for an effective
date.
Mayor Moore read the title of the Fire Code Proposed Ordinance . This was the
first reading of the proposed ordinance.
Fire Chief Welhalf and the Town Commission discussed the liability insurance
related to Sec. 9.31 - Fireworks, pyrotechnic special effects, flame effects, Sec.
9-32. Public Safety Radio Communication System of the Fire Code Proposed
Ordinance, and standards on lightning protection.
MOTION: David/Stern - Moved to approve the Fire Code Proposed Ordinance
as presented. Upon roll call: Commissioner David (Yes); Vice
Mayor Stern (Yes); Commissioner Goldberg (Yes); Commissioner
Peters (Yes); and Mayor Moore (Yes). The motion passed 5 to 0.
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. 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.
MOTION: David/Peters - Moved to approve the Consent Agenda as
presented, which passed unanimously 5 to 0.
10. UNFINISHED BUSINESS
A. Fire Rescue Implementation Update
Mayor Moore read the title of Item 10.A.
Fire Chief Glenn Joseph provided an update on the following:
The construction slab has been moved to August 2, the ADA ramp will be installed
on Thursday in Town Hall, cylinder block and steel will be delivered.
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Town Commission Meeting Minutes
Date: August 01, 2023 Page 4 of 7
Recruiting process: 11 candidates have been sent letters for Captain interviews,
34 applicants have applied for firefighter paramedic, and 11 have applied for
firefighter drivers.
There have been three direct buy purchases to date to lower construction costs.
The project is on time and there is a new permanent onsite superintendent.
B. Florida Department of Transportation (FDOT) RRR Project Update
Mayor Moore read the title of Item 10.B.
Town Manager Labadie mentioned that FDOT is working out details on utility
work with the Public W orks Department. There is not a date set for the public
construction meeting yet.
1. Approve and authorize the Mayor to execute an agreement with the State
of Florida Department of Transportation (FDOT) in the amount of
$126,140.00 for the paving and expansion of State Road A1A.
Mayor Moore read the title Item 10.B.1.
Pat Roman, Public Works Director, presented this item.
MOTION: David/Stern - Moved to approve and authorize the Mayor to execute
an agreement with the 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
Mayor Moore read the title of Item 10.C.
Town Manager Labadie mentioned that the employee health insurance will be
changed to Florida Blue Cross Blue Shield and there will be no additional costs.
Finance Director David DiLena gave a brief update on the proposed budget and
will provide further information at a future meeting.
There was discussion about the millage rate in regard to saving for future
projects.
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Town Commission Meeting Minutes
Date: August 01, 2023 Page 5 of 7
11. NEW BUSINESS
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
Mayor Moore read the title of Item 11.A. followed by Town Planner Allen who
presented the item.
Mayor Moore opened the item for public comments.
There were no public comments.
MOTION: David/Goldberg - Moved to approve the Right-of-Way permit for the
property located at 3805 South Ocean Boulevard, which passed
unanimously 5 to 0.
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.
Mayor Moore read the title of Resolution No. 2023-016, followed by Town Planner
Allen who presented the item.
MOTION: David/Goldberg - Moved to approve Resolution No. 2023-016 as
presented, which passed unanimously 5 to 0.
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; a nd providing for an
effective date.
Mayor Moore read the title of Resolution No. 2023-017, followed by Town Planner
Allen who presenting the item.
Mayor Moore opened the item for public comment.
Kristy Armada, the property attorney from Olive Judd Attorneys, provided
comments on this item in regard to building a single-family home.
MOTION: David/Goldberg - Moved to approve Resolution No. 2023-017 as
presented. Upon roll call: Commissioner David (Yes);
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Town Commission Meeting Minutes
Date: August 01, 2023 Page 6 of 7
Commissioner Goldberg (Yes); Commissioner Peters (Yes); Vice
Mayor Stern (Yes); and Mayor Moore (Yes). The motion passed 5
to 0.
D. Clarification on Section 106.113, Florida Statutes, regarding educational
campaign for upcoming referendum questions.
Town Attorney Glen Torcivia presented this item and explained the legal opinion
outlining what actions the Town may take to engage the community on upcoming
projects that may require referendums.
There was discussion between the Town Commission and Town Attorney
Torcivia about what is permissible in regard to referendum questions.
E. Consideration of Proposed Amendment No.5 to Tower Siting Lease
Agreement between the Town of Highland Beach and Sprint/T-Mobile
Mayor Moore read the title of Item 11.D., followed by Assistant Town Manager
Terisha Cuebas who presented this item. She briefly reviewed the proposal and
asked the Board for guidance.
There was extensive discussion about the proposal in regard to costs, length of
the agreement, cancelation terms, and similar agreements in surrounding areas.
Town Manager Labadie and Town Attorney Torcivia will reevaluate the contract.
Attorney Torcivia suggested a five-year period. The agreement will be presented
to the Town Commission at a future meeting.
12. TOWN COMMISSION COMMENTS
Commissioner Judith M. Goldberg thanked everyone for appearing at the meeting
today and commented on the Florida League of Cities Meeting that was on July 26,
2023.
Commissioner Donald Peters thanked the new Natural Resources Board Members
and Richard Greenwald for his FAB update.
Commissioner Evalyn David had no comments.
Vice Mayor David Stern congratulated the new members and inquired about the stop
sign near Delray Sands Hotel.
Town Manager Labadie said he would look into it.
Mayor Natasha Moore had no comments.
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Town Commission Meeting Minutes
Date: August 01, 2023 Page 7 of 7
13. TOWN ATTORNEY’S REPORT
Town Attorney Torcivia acknowledge d Lanelda Gaskins, Town Clerk, for her hard
work in putting together and presenting the election workshop.
14. TOWN MANAGER’S REPORT
Town Manager Labadie had no comments.
15. ADJOURNMENT
The meeting was adjourned at 4:09 P.M.
APPROVED: August 15, 2023, Town Commission Meeting.
ATTEST: Natasha Moore, Mayor
Transcribed by
Jaclyn DeHart and Lanelda Gaskins
08/15/2023
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 14
File Attachments for Item:
B. Approve and authorize the Mayor to execute a Professional Services Agreement with
GFA International, Inc. dba Universal Engineering Services for the building inspections,
plan review, code enforcement inspections and building official services for the Building
Department according to the City of Lake Worth Beach Request for Proposal (RFP)
#22-204.
Page 15
TOWN OF HIGHLAND BEACH
AGENDA MEMORANDUM
MEETING TYPE: Town Commission Meeting
MEETING DATE August 15, 2023
SUBMITTED BY: Jeff Remas, Building Department
SUBJECT: Universal Engineering Service UES Contract
SUMMARY:
We're expanding our building department's capabilities by bringing in sub-contractor UES.
This move addresses the limitations of relying on a single agency, providing us with a wider
pool of qualified inspectors and plans examiners. This enhancement ensures better
coverage during emergencies and peak periods.
FISCAL IMPACT:
No fiscal impact
ATTACHMENTS:
UES Contract, Lake Worth Contract
RECOMMENDATION:
Staff recommends approval of this consent item to help diversify and grow our inspection
and plan review sub-contractors
Page 16
Grounded in Excellence
Proposal Response PLAN REVIEW & INSPECTION SERVICES
TOWN OF HIGHLAND BEACH
Page 17
Universal Engineering Sciences | 2
Letter of Interest
Date:August 3, 2023
Attention: Town of Highland Beach
Building Department
Mr. Jeff Remas - Building Official
3614 S Ocean Boulevard
Highland Beach, FL 33487
Reference:Proposal Request - Plan Review Services
Dear Mr. Remas:
GFA International, Inc., (GFA) dba Universal Engineering Sciences (UES) truly appreciates the opportunity to
present our services and experience in response to the Town’s request for Plans Review Services. We have
a firm understanding of the scope outlined within and are confident that our capabilities and experience
position UES as the ideal firm to execute said scope. We have served various clientele within Palm Beach
County in a variety of ways since 1998, and we are eager to build upon our relationship in support of
Highland Beach’s needs and vision.
In early 2020, GFA International, Inc. (GFA) and Universal Engineering Sciences, Inc. strategically merged,
forming the UES Family of Companies—the largest, most experienced, resource-rich organization of its kind
in the nation. This union has grown to include more than 12 other companies across the nation, from the
Carolinas to California.
It is important to note that the leadership, personnel, and most importantly, the exemplary service typical
of all companies included in the Universal Family of Companies remains unchanged. That being said, the
increase in fleet, personnel, and technology will significantly benefit all clients associated with UES.
UES has over 70 fully operational and fully-staffed branches spanning the U.S., with 19 located in Florida.
These strategically situated offices meet our clients’ needs by providing local expert knowledge and solutions
unique to the region. The wide distribution of our resources also means that we are able to rapidly respond
to our clients and immediately allocate equipment and manpower.
Each office is staffed with dedicated professionals who are familiar with the region’s geographic conditions,
state, county, and city regulations, and who have developed strong working relationships with local
specialized subconsultants and vendors.
Our team has decades of experience providing expert plans reviews for clientele and complex projects of
all sizes, including municipalities similar to the Town of Highland Beach. Our team’s technical expertise, our
specialized training, fleet of equipment, and wide scope of capabilities has assisted our clients in finding
solutions to difficult and intricate challenges on various projects.
Our mission is to provide the Town with cost-effective,
efficient, and accurate Plans Review Services. Integrity is the
keystone of our business relationship with all of our clients.
We understand that Town consultants must be appropriately qualified, licensed, and be an experienced
vendor fully capable of providing review of building, plumbing, electrical, mechanical, gas, and structural
plans in accordance with the requirements of all applicable codes and ordinances.
Page 18
Universal Engineering Sciences | 3
Letter of Interest
Furthermore, we recognize the individuals performing these duties must possess a minimum of five years’
construction industry experience, as well as valid licenses in good standing with the Department of Business
and Professional Regulation. We also understand this contract will include one full-time inspector/plans
examiner for 40 hours per week, based on the Town’s needs.
When you work with UES, you’ll be interacting with industry professionals who pride themselves on the
highest level of integrity, dependability, ethics, and quality of work who are also exceptionally innovative,
dynamic, and responsive. We want our clients to think of UES as an extension of their organizations and their
trusted advisors.
AUTHORIZED REPRESENTATIVE/VENDOR SERVICE REPRESENTATIVE
Scott H. Wood, CBO, CFM
South Florida Building Inspection Manager
1215 Wallace Drive
Delray Beach, FL 33444
P: (561) 788-1757
E: swood@teamues.com
Scott Wood, CBO, CFM, will serve as Project Manager for this contract. He will assign personnel as projects are
awarded and will oversee each project personally. Scott will be involved in ensuring reviews are performed
according to the scope of services and in developing the budget for each.
Our Delray Beach office has a network of support from our other South Florida offices, including Miami, West
Palm Beach, Fort Myers, Clewiston, and Port St. Lucie.
Our Principals have thoroughly reviewed and understood this RFP, its related documents, and the anticipated
scope of work. This Request for Proposal package has been made without collusion with any other person
or entity submitting a proposal pursuant to this RFP. UES attests that the information provided in this RFP
response is complete, current, and factual.
Our team is ready to serve as an extension of your staff, and we will represent the Town of Highland Beach in
the best possible way. UES’ reputation, facilities, and culture attract some of the industry’s most experienced
and knowledgeable professionals. Many of our staff have been with the company for 10 years or more. An
unmistakable passion for excellence is ever-present, as is a camaraderie and eagerness to teach, learn, and
contribute to our clients’ success.
On behalf of our entire team, we would like to thank you for this opportunity, your time, and consideration.
We look forward to working with the Town of Highland Beach and providing reliable plan reviews
throughout this contract and beyond. If you need to contact us for any reason, please feel free to contact the
undersigned.
Respectfully,
GFA International, Inc., dba Universal Engineering Sciences
Scott Wood, CBO, CFM -
South Florida Building Inspections
Department Manager
(561) 788-1757
swood@teamues.com
1215 Wallace Drive
Delray Beach, FL 33444
Page 19
Price Schedule
Proposal
Page 20
Universal Engineering Sciences | 5
Price Schedule Proposal
PRICE SCHEDULE
Service Rate
Building Inspector and Plans Examiner- Single Trade $75.00 per hour
Building Inspector and Plans Examiner – BMEP $85.00 per hour
Overtime - Building Inspector/Plans Examiner
$150.00 per hour*
*reflects hours worked beyond 40 during the week, and
weekend inspections as required
Building Official $105.00 per hour
Permit Technician $50.00 per hour
Overtime - Permit Technician $75.00 per hour
Page 21
teamues.com
Page 22
PROFESSIONAL SERVICES AGREEMENT
Building Depal'tment lnspe tion. Plan Review, Code Enforcement lnspecflons and
Building Oftich1I Services for Communitv Sustaiunhility _Department
THIS AGREEMENT ("Agreement") is entered ________ by and between the CITY
OF LAKE \VORTH BEACH. a Florida municipal corporation ("City"), with its office located at 7
North Dixie Highway, Lake Worth Beach, Florida 33460, and GFA International, Inc.,
clba Universal Engineering Sciences., a Florida corporation ("Consultant"), with its office located at
1215 Wallace Drive Delray Beach, FL. 33444
REClTALS
WHEREAS. the City issued Request for Proposal # 22-204 ("RFP) for building department
inspections, plan review, code enforcement inspections and building official services; and,
\VHEREAS, the Consultant sLJbmittcd a proposal in response to the RFP to provide the services as described and set out in the RFP; and,
WHEREAS, the Consultant is willing to provide appropriately licensed person nel to provide the
City with building inspections, plan review, code enforcement inspections and buildi ng official services;
and.
\VHEREAS, the City desires to accept the Consultant's proposal and enter a non-exclusive contract with the Consultant; and,
WHEREAS, the purpose of this Agreement is to sci forth certain tenllS and conditions for the
provision of services by the Consultant to the City.
NOW, THEREFORE, in consideration of the premises and mutual covenants herein contained, the
sufficiency of which is hereby acknowledged by the parties, the City and the Consultant agree as follows:
SECTION I: lNCORPORA TIO
Agreement as true and correct statements.
SECTION 2: CONSULTANT'S SERVICE . As more specifically set forth in the RFP incorporated herein
by reference and Scope of Services, which is attached hereto as Exhibit "A", the Consultant shall provide the
City with building inspections, plan review, code inspections and building official services.
SECTION 3: 1Nl2!;.PJ;;N..QJiJ:ff __ CONTRACTOR.JsELAT_[ONSHJP. No relationship of employer or
employee is created by t11is Agreement, it being understood that Consultant will act hereunder as an
independent contractor and none of the Consultant's, otftcers, directors, employees, independent contractors,
representatives or agents performing services for Consnltant pursuant to this Agreement shall have any claim
under this Agreement or otherwise against the City for compensation of any kind under this Agreement. The
relationship between the City and Consultant is that of independent contractors, and neither shall be considered
a joint venture, partner, employee, agent, representative or other relationship of the other for any purpose
expressly or by implication.
SECTION 4: TERM AND TERM TN A TION.
a.Term. The term of this Agreement commences on October 1, 2022 and shall be for an
initial term of three (3) years unless enrlier terminated as stated herein. This Agreement may he extended
DocuSign Envelope ID: C18A129D-CC14-49BC-8556-11CF70A0C32D
9/15/2022
C-2333-A
8-16-22 RM
NB-C
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DocuSign Envelope ID: C18A129D-CC14-49BC-8556-11CF70A0C32D
Page 24
DocuSign Envelope ID: C18A129D-CC14-49BC-8556-11CF70A0C32D
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DocuSign Envelope ID: C18A129D-CC14-49BC-8556-11CF70A0C32D
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nonmd business hours, at the Consultant's place of business. In no circumstances will Consultant be
required to disclose any confidential or proprietary information regarding its products and service costs.
SECTION 16: NON DISC RIM !NATION. The Consultant warrants and represents that all of its employees
arc treated equally during employment without regard to race, color, religion, disability, sex, age, national
origin, ancestry, marital status, or sexual orientation.
SECTION 17: AUTHORITY TO PRACTICE. The Consultant hereby represents and warrants that it has
and will continue to maintain all licenses and approvals required to conduct its business and provide the
services required under this Agreement, and that it will at all times conduct its business and provide the
services under this Agreement in a reputable manner. Proof of such licenses and approvals shall be
submitted to the City upon request.
SECTION 18: EVERABILITY. If any term or provision of this Agreement, or the application thereof
lo any person or circumstances shall, to any extent, be held invalid or unenforceable, to remainder of this
Agreement, or the application of such terms or provision, to persons or circumstances other than those as
10 v.•'hich it is held invalid or unenforceable, shall not be affected, 1md every other term and provision of this
Agreement shall be deemed valid and enforceable to the extent permitted by law.
SECTION 19: PUBLIC ENTITY CRIM ES. Consultant ackm)\,vlcclges and agrees that a person or affiliate
who has been placed on the convicted vendor list following a conviction for a public entity crime may not
submit a bid, proposal, or reply on a contract to provide any goods or services lo a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public
building or public work: may not submit bids, proposals, or replies on leases of real property to a public
entity; may not be awarded or perfom1 work as a contractor, supplier or sub-contractor under a contract
with any public entity; and may not transact business with any public entity in excess of the threshold
amount provided in Sect.ion 287.017, Florida Statues, for CATEGORY TWO for a period of 36 months
following the elate or being placed on the convicted vendor list. The Consultant will advise the City
immediately if it becomes aware of any violation of this statute.
SECTION 20: NOTICE. All notices required in this Agreement shall be sent by hand-delivery, certified
mail (RRR), or by nationally recognized overnight courier, and if sent to the City shall be sent to:
City of' Lake Worth Beach
Attn: City Manager
7 North Dixie Highway
Lake Worth Beach, FL 33460
and if sent to the Consultant, shall be sent to:
GF A International, Inc., dba Universal Engineering Sciences
Attn: Carlos Mercado, MS, PE
1215 Wallace Drive
Delray Beach FL. 33444
The foregoing names and addresses may be changed if such change is provided in writing to the other
party.
SECTION 21: ENTIRETY OF A 1REEMENT. The City and the Consultant agree that this Agreement
sets forth the entire agreement between the patiics, and that there are no promises or understandings other
than those stated herein. None of the provisions, terms and conditions contained in this Agreement may
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7.Acts as advisor to the City Manager and Director of Community Sustainability regarding
questions of building and other allied codes, statutes and ordinances.
8, Coordinates with the City Attorney's Office on court cases involving enforcement of City
building codes and business tax certificates (receipts).
9.Interprets policies and advises developers, contractors, builders and the general public on City
and depatimental policies and procedures necessary for compliance.
I 0. Develops and establishes regulations for the enforcement of business tax certificates {receipts).
11.Acts as the City representative to the Building Board of Aqjustment and Appeals and provides
staff support.
12.Serves as the City's Floodpl.ain administrator.
13.Maintains Community Rating System (CRS) for City.
14.Other duties as assigned to achieve the goals and objects of the Department.
•Knowledge of modern practices and methods employed in building, gas, mechanical,
electrical, plumbing, energy, ADA accessibility and related codes.
•Knowledge of modern principles, practices and techn iques of inspection and plan review
activities, civil engineering and architecture.
•Knowledge of supervisory and management principles and practices.
•Knovvledge of city and state laws and regulations governing all phases and types of
construction.
•Skill in problem solving.
•Skill in developing and implementing new policies, procedures and programs.
•Skill in enforcing building codes and regulations in a tactful and impatiial manner.
•Skill in analyzing trends.
•Skills in applying appropriate public relations techniques as situations wammt.
•Ability to express ideas clearly when providing oral and written reports and recommendations
on administrative, financial, and technical issues.
•Ability to establish and maintain effective working relationships with those contacted in the
course of work.
PHY I L REOUCREME TS AND WORK ENVIRONMENT: Position involves moderate work generally in an office setting. There is frequent need to stand, walk, sit, talk or
hear, use hands to finger, handle or feel, lift (up to 50 pounds) and perform other similar actions
during the course of the workday. The City of Lake Worth Beach promotes a drng/alcohol free
work environment through the use of' mandatory pre-employment drug testing.
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EXHIBIT "B"
mU N IVERSAL CostEtt0ct1ven0ss l::!::JENGINEERING :
EXHIBIT "A-1"
RFP # 22-204 BUILDING DEPARTMENT INSPECTIONS, PLAN REVIEW, CODE ENFORCEMENT INSPECTIONS ANO BUILDING OFFICIAL SERVICES
Item No
1.
2.
3.
RATE SCHEDULE
Type HOURLY RATE*
Building Inspections $ 85.00
Plan Review $ 105.00
Code Enforcement $ 105.00
Building Official $ 120.00
• Hourly rate shall be inclusive of all Respondents expenses to provide required services For the time while performing inspections. The City will not be covering any reimbursable expenses outside of the hourly rates for inspections.
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File Attachments for Item:
A. Responsibilities and activities of the Canvassing Board
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TOWN OF HIGHLAND BEACH
AGENDA MEMORANDUM
MEETING TYPE: Town Commission
MEETING DATE 08/15/2023
SUBMITTED BY: Lanelda Gaskins, Office of the Town Clerk
SUBJECT: Municipal Canvassing Boards versus County Canvassing Board
SUMMARY:
On November 16, 2021, the Town Commission discussed the Canvassing Board members
for 2022 General Municipal Election and decided to maintain the Highland Beach Canvassing
Board as defined in Section 1.06(7) of the Town’s Charter.
Additionally, on January 31, 2023, the Town Commission requested Town staff to provide
information about the duties of the Town’s Canvassing Board and alternative option s available
to the Town. This item is before the Town Commission to educate the Commission about the
responsibilities of the Canvassing Boards and an alternative option.
Currently, the Town maintains its Municipal Canvassing Board according to Section 1.06(7) –
“Town Commission Created; Election; Terms; Town Clerk; Qualifications of Electors; General
Election Law” of the Charter. The canvassing board members consist of the Town Clerk or
designee of the town clerk, the Palm Beach County Supervisor of Elections (SOE) or designee
of that office, and one Commissioner appointed by the Town Commission (who is not running
for election), which is designated by a resolution.
There are 39 municipalities in Palm Beach County. Most of the municipalities have designated
the County Canvassing Board to serve as their canvassing board except the Town of Highland
Beach, City of Delray Beach, City of West Palm Beach, and the Town of Juno Beach.
The County and Municipal Canvassing Boards have the several responsibilities during an
election cycle. Attached is the Division of Election Reference Guide 0020 – Canvassing Board
Membership and Activities. The reference guide summarizes the duties and activities of the
board members.
There are additional responsibilities for the municipal clerks and canvassing board members
such as:
Municipal Clerks Canvassing Board Members
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Attend all Canvassing Board Meeting
activities.
Ensure all Canvassing Board members
complete the Signature Verification Training
and send certificates to the County SOE prior
to the first Canvassing Board Pre-Election
meeting.
Take the Signature Verification Training
Prepare and distribute the Canvassing
Board meeting activities to the members.
Attend various canvassing board meetings.
Prepare and post the Notice of Logic &
Accuracy (L&A) Testing on the website and
at town hall.
All members attend canvassing meetings on
election days and night includes certifying
election results.
Post and publish the canvassing board
members names on Town’s website and at
town hall.
Attend Post Audit election.
Provide County SOE with L&A Notice as
soon as possible.
Prepare, publish, and distribute Canvassing
Board Meeting agendas and transcribe
minutes to all members.
Should the Town continue to maintain its own Municipal Canvassing Board beyond 2024, the
Palm Beach County Supervisor of Election may elect not to serve as a Canvassing Board
member for the Town.
As an alternative, the County Canvassing Board is an option. According to Florida Statute
102.141(1), the County Canvassing Board is composed of the supervisor of election; a county
court judge, who shall act as the chair; and the chair of the board of county commissioners.
In addition, alternate canvassing board members must be appointed in the event county
canvassing board is unable to serve or is an option in the election being canvassed or is an
active participant in the campaign or candidacy of any candidate who has option in the election
being canvassed, such member shall be replaced according to the statute. As mentioned
above, the responsibilities of a Municipal Canvassing Board and County Canvassing Board
are the same.
Please note: When a municipal election runs concurrent with county-wide election, the
Division of Election has determined that only the County Canvassing Board can certify the
election results.
If the Town decides to designate the County Canvassing Board, this Board will only be
responsible for canvassing activities during the election cycle. The Town Clerk will remain as
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the Supervisor of Elections for the Town’s election. Persons interested in running for the
offices of the Mayor, Vice-Mayor or Commissioner will continue to file their candidate,
campaign reports and qualifying papers with the Town Clerk/Filing Officer.
The Town’s insurance carrier, Brown and Brown, has confirmed Canvassing Board members
who are employees of the town are covered under the insurance plan.
Lastly, County Canvassing Board canvasses county, state and federal elections and is very
knowledgeable of the canvassing board duties.
FISCAL IMPACT:
$20,000 (estimate)
ATTACHMENTS:
November 16, 2021 Town Commission agenda memorandum
November 16, 2021 Town Commission meeting minutes
Division of Election Reference Guide 0020 – Canvassing Board Membership and Activities
2023 Highland Beach Canvassing Board Schedule
RECOMMENDATION:
At the discretion of the Town Commission.
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Florida Department of State Page 1 of 2
Canvassing Board Membership and Activities
DE Reference Guide 0020 (Updated 03-2022)(supersedes all prior versions)
These guidelines are for reference only. They are not to be construed as legal advice or representation. For any particular set of facts or
circumstances, refer to the applicable state, federal law, and case law, and/or consult a private attorney before drawing any legal
conclusions or relying upon this information.
OVERVIEW
• Membership.
o The Board is composed of three members: the supervisor of elections a county court judge who acts as the
chair, and the chair of the board of county commissioners.
• Substitute.
o Substitutes must be appointed whenever a member is disqualified or unable to serve in accordance with
section 102.141(1), Fla. Stat.
o A substitute cannot be a candidate with opposition in the election being canvassed and cannot be an active
participant in the campaign or candidacy of any candidate with opposition in the election being canvassed.
For what constitutes active participation in the campaign or candidacy of a candidate, see Division of
Elections Advisory Opinion DE 09-07.
• Alternate.
o The board must have two alternates designated. The long-term service on a canvassing board can place an
undue burden on a volunteer member’s other professional and personal obligations. Therefore, an alternate
serves as a back-up in the event a member is unable to participate in a meeting of the board.
o The alternates should be appointed when the canvassing board membership is designated.
o If not otherwise serving as one of the three canvassing board members, the alternate can be present,
observe and communicate with the other board members but cannot vote in the board’s decisions or
determinations. The process for appointing alternates is set out in section 102.141(1), Fla. Stat.
• Duties.
o Board members are required to undergo training including signature verification training. The canvassing
board is responsible for a number of activities in the conduct of elections and results processing and reporting.
o Duties begin as early as the pre-election (public logic and accuracy) testing of voting equipment is
scheduled which must be within the 25 days before early voting starts in the respective county 1. Duties
include but are not limited to canvassing of vote-by-mail ballots which can start as soon after the L&A
testing. Duties continue through election night reporting and certification of elections results, and end with
the post-election voting system audit, which must be completed no later than the 7th day following the
board’s certification of the election.
o This reference guide focuses specifically on the membership requirement for those activities.
• Disqualification and/or removal of members.
o Authority to remove a canvassing board member. See Division of Elections’ Advisory Opinion DE 15-03
o ‘Active participation’ by a canvassing board member. See Division of Elections’ Advisory Opinion DE 08-10.
1 § 101.657, Fla. Stat. – The minimum mandatory EV period is 8 days beginning 10 days before election day with no less than 8 hours
and no more than 12 hours per day. Counties can offer additional days of EV up to the 15th day before Election Day and/or the 2nd
day before Election day.
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Florida Department of State Page 2 of 2
REQUISITE MEMBERSHIP FOR CANVASSING BOARD ACTIVITIES
• Unless otherwise specified in law or rule, the canvassing board may act when two members are present, thereby
constituting a majority. The majority must agree in order to take action. See also DE Advisory Opinion 05-08. The
chart below details required membership for each category of activity.
Activity Number of Board Members to be Present Citation: law(s) and/or rule(s)
Public logic & accuracy testing
• At least one member for test
• All members to certify the accuracy of
test
Section 101.5612(2), Fla. Stat.
Duplication of ballot
• Majority to be present to approve
ballots to be duplicated
• At least one member to be present
during duplication of ballots
Sections 101.5614(5), 101.68,
and 102.141(8), Fla. Stat.
Canvassing vote-by-mail ballots
• Majority to approve and order the
opening of the ballots
• At least one member to be present at
all times during opening and running
of the ballots through tabulation
system
Sections 101.68, 101.6925, and
102.141(2) & (8), Fla. Stat.
Determination to count or reject
vote-by-mail ballots
• Majority to determine whether to
count or reject a ballot
Sections 101.68, 101.6925, and
102.141(2), Fla. Stat.
Finding signatures on provisional
ballot or vote-by-mail ballot
certificate/cure affidavit and voter
record do not match signature
• Majority and beyond reasonable
doubt
Sections 101.048 and 101.68,
Fla. Stat.
Canvassing of provisional ballots
• Majority to determine whether to
count or reject (which latter must be
by preponderance of the evidence)
Sections 101.048, 101.049,
101.6925, and 102.141(2), Fla.
Stat.; Rule 1S-2.037, Fla. Admin.
Code
Recount
• Majority at all times during recount
process
• All members for determination or
decision to resolve a discrepancy
during a recount
Sections 102.141 and 102.166,
Fla. Stat.; Rules 1S-2.027, and
1S-2.031, Fla. Admin. Code
Certification of election results
and conduct of elections report • Majority to certify results Section 102.141, Fla. Stat.
Post-election certification audit of
voting system
• Majority at all times during audit
process
Section 101.591, Fla. Stat.; Rule
1S-5.026(4)(e), Fla. Admin. Code
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File Attachments for Item:
B. Approve and authorize the Town Manager to execute an Intergovernmental
Agreement with the South Central Planning and Development Commission (SCPDC) for
a government management software module collectively called MyGovernmentOnline
(MGO) software.
Page 76
TOWN OF HIGHLAND BEACH
AGENDA MEMORANDUM
MEETING TYPE: Town Commission Meeting
MEETING DATE 15 August 2023
SUBMITTED BY: Jeff Remas, Building Department
SUBJECT: Intergovernmental Agreement with My Government Online
SUMMARY:
I am writing to present a compelling case for transitioning our building permit software from
SmartGov (SG) to MyGovernmentOnline (MGO). This move not only addresses the
shortcomings of our current software but also offers several significant advantages that will
enhance our operations and customer service. Furthermore, by signing an interlocal
governmental agreement with MGO, we can avoid the lengthy bidding process of acquiring
new software. This report will outline the drawbacks of SG and highlight the numerous
benefits of implementing MGO, including the training and rollout plan and the associated
costs.
1) Shortcomings of SmartGov:
a) Inadequate Reporting Capabilities: SG needs to meet our current reporting needs.
The software's reporting functionality needs to be improved, making it difficult for us to
generate comprehensive and customizable reports that provide meaningful insights
for decision-making purposes. This inadequacy was evident during our recent
financial audit.
b) Restricted Workflow Customization: We have found that the workflow
customization options in SG must be improved. As a result, we have had to create
multiple workarounds within the software to make it usable for our specific
requirements. This hampers efficiency and increases the likelihood of errors.
c) Outdated Customer Portal: SG's online portal must meet the user-friendly standards
expected today. It does not provide an optimal experience for our customers,
potentially leading to frustration and inefficiencies in their interactions with our permit
technicians.
d) Slow Response to Change: SG is slow to respond to enhancement requests critical
to the platform's operation. Most requests have no follow-up and are never
implemented.
2) Advantages of Transitioning to MyGovernmentOnline:
a) Improved Workflow Efficiency: MGO offers a more efficient workflow than
SG. The software provides seamless integration with Bluebeam, eliminating the need
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for us to spend $2,500 per year on Bluebeam Studio Prime. This integration
streamlines our processes and enhances collaboration and document management
capabilities.
b) Unlimited Customizable Reports: Unlike SG, MGO allows us to generate
unlimited, fully customizable reports. This empowers us to extract and analyze data
more effectively, enabling informed decision-making and enhanced transparency.
c) Enhanced Customer Service: MGO's customer portal includes a 1-800
number answered by MGO staff. This feature will significantly reduce the volume of
phone calls our permit technicians receive, allowing them to allocate more time to
helping customers and processing permits. With approximately 1,200 phone calls per
week coming into the Building Department, this improvement will substantially impact
our operational efficiency.
d) Scalability and Separation: One of the advantages of MGO is its ability to
accommodate separation should the interlocal governmental agreement with Gulf
Stream terminate. This flexibility allows us to manage Gulf Stream independently,
which is impossible with SG.
e) Extensive Experience and Government Expertise: MGO is a government
agency that has been providing building permit services for over 20 years and created
this software 17 years ago. They deeply understand our processes and requirements,
similar to our Building Department. Their steady growth in Florida and agreements
with larger cities and counties attest to their competence and reliability. Additionally,
the Planning and Zoning Module offered by MGO is a valuable addition not currently
available in SG.
f) Full Document Management: MGO is a complete document management
entity and can integrate with Laserfiche if needed, although unnecessary. Data
management is provided at no additional cost, even if we terminate our agreement
with MGO.
3) Training and Rollout Plan:
a) Duration: We estimate that the rollout of MGO will take approximately six
months. This will allow a slow-paced, methodical buildout of the software, reducing
the pressure on staff.
b) Simultaneous Use: We can continue using SG simultaneously with MGO
during the rollout period to ensure a seamless transition. This will make it easier for
those already in the SG legacy system as they can complete their permits before we
transition to MGO.
c) Data Transfer: By June 2024, when our SG contract expires, we will have
transferred all data from SG to MGO, consolidating our operations into a single
software solution.
d) Training: The training for MGO is online and includes two in-person sessions.
The training will start once the buildout on the software is complete and be
incorporated into the staff’s daily routine over several months.
4) Cost Analysis:
a) Current SG Contract: Our contract with SG is expected to renew at $18,900
in 2024.
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b) MGO Pricing: The MGO subscription is billed monthly at $1,590, totaling
$19,080 annually. This fee includes all the modules we currently pay fo r with SG and
adds the Planning & Zoning Module, which we don ’t have in place with SG.
c) Additional Savings: By transitioning to MGO, we can save $2,500 per year by
discontinuing our subscription to Bluebeam Studio Prime.
d) No Initial Fees or Setup Costs: Unlike SG, MGO does not require any initial
fees or setup costs, making the transition more cost-effective.
e) Training Costs: The cost analysis should account for the training expenses for
MGO, including the recommended travel fee of $4,400 (two trips at $2,200).
f) Concurrent Costs: The Building Department has adequate unencumbered
funds in the current budget to simultaneously cover the additional cost of operating
two software platforms without needing a budget amendment. The concurrent costs
end this fiscal year.
g) Separation Savings: There is a separate fee for Gulf Stream, included in the
above price, which will be removed in the event of the termination of the ILA, a cost
savings to Highland Beach.
Based on the analysis above, the transition to MyGovernmentOnline presents a compelling
proposition for our town. It will address our current software's shortcomings and significantly
improve workflow efficiency, customer service, reporting capabilities, and scalability.
Moreover, the cost analysis demonstrates that MGO offers a competitive pricing structure
while providing additional savings through integration and eliminating the need for separate
subscriptions.
The benefits and advantages outlined in this report, including the training and rollout plan
and associated costs, indicate that MGO is the optimal choice for our building permit
software needs; therefore, I recommend proceeding with the transition to MGO and signing
an interlocal governmental agreement, bypassing the traditional bidding process.
Thank you for considering this recommendation. Please do not hesitate to contact me for
further information or clarification.
FISCAL IMPACT:
No fiscal impact
ATTACHMENTS:
MGO ILA
RECOMMENDATION:
Staff recommends approval for the good of the community
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File Attachments for Item:
A. Senate Bill 774 (Form 6) New Financial Disclosure Requirements for Local Officials
Presentation
Page 99
8/9/2023
1
Senate Bill 774 (Form 6)
New Financial Disclosure Requirements For Local Officials
Presented by: Glen J. Torcivia, Esq
July 28, 2023
Overview of SB 774
•Amended F.S. § 112.3144(1)(d) to requires elected members of a
governing municipal body to file a Full Disclosure of Financial
Interests (Form 6) with the Florida Commission on Ethics.
•Filing deadline is July 1st
•The disclosure form is a public record and is required by law to be
posted to the Commission’s website
1
2
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8/9/2023
2
Who Do New Financial Disclosure
Requirements Apply To?
•Mayors
•Elected members of the governing body of a municipality
•Any individual appointed to replace an elected official for the
remainder of a term
When Do New Financial Disclosure
Requirements Take Effect?
•New financial disclosure requirements apply to elected officials who
hold their positions on or after January 1, 2024
•If an elected official resigns before January 1, 2024, they will not have
to file a Form 6
•If an elected official resigns on or after January 1, 2024, they will be
required to file a Form 6F
•Form 6F must be filed within 60 days after leaving office or employment
•Form 6F is used to report financial interests between January 1st of the last
year of office and the last day of office
3
4
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8/9/2023
3
What Financial Information
Must Be Included In Form 6 or Form 6F
•Net Worth
•Assets (valued over $1,000)
•Liabilities (valued over $1,000)
•Income
•Interests in specified businesses
5
6
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8/9/2023
4
Net Worth (Part A)
•Add value of all assets
•Aggregate value of household good and personal effects reported in Part B,
•Value of all assets worth over $1,000 reported in Part B, and
•Value of any asset worth less than $1,000 that were not reported in Part B
•Then subtract value of all liabilities
•Total value of liabilities reported in Part C, and
•Total value of unreported liabilities
•Does not include joint and several liabilities
Assets (Part B)
•Household goods and personal effects may be reported in a lump sum
if their aggregate value exceeds $1,000
•E.g., jewelry, guns, art, furniture, vehicles for personal use (whether owned or
leased)
•Assets individually valued at over $1,000
•E.g., interests in real property; cash; stocks; bonds; bank accounts; Deferred
Retirement Option Program accounts; Florida Prepaid College Plan;
investment products held in IRAs, brokerage accounts, and the Florida College
Investment Plan
7
8
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8/9/2023
5
Liabilities (Part C)
•Generally, must report liabilities over $1,000
•E.g., accounts, notes, and interest payable; debts or obligations to governmental
entities; judgments; unpaid portion of vehicle leases
•Do not have to report the following liabilities
•Credit card and retail installment accounts
•Taxes owed (unless the taxes have been reduced to a judgment)
•Contingent liabilities
•Liabilities that are solely spouse’s responsibility
•Must also report joint and several liabilities
•Example: If you and a business partner have a $100,000 business loan from a bank,
you should report $50,000 as a personal liability and $50,000 as a joint and several
liability
Income (Part D)
•Can either complete Part D or attach a copy of complete federal
income tax return including all schedules, W2’s and attachments
•Income means the same as “gross income” for federal income tax
purposes, even if the income is not actually taxable
•E.g. compensation for services, gross income from business, gains from
property dealings, interests, rents, dividends, pensions, IRA distributions,
alimony (but not child support)
•Must also report Secondary Income, which only applies if:
1. You owned during the disclosure period, more than 5% of the total assets or
capital stock of a business entity, and
2. You received more than $1,000 in gross income from that business entity
during the period
9
10
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6
Interests in Specified Business (Part E)
•Must disclose if you own or owned (either directly or indirectly in the form
of an equitable or beneficial interest) at any time during the disclosure
period, more than 5% of the total assets or capital stock of certain types of
businesses
•State and federally chartered banks; state and federal savings and loan associations;
cemetery companies; insurance companies; mortgage companies; credit unions;
small loan companies; alcoholic beverage licensees; pari‐mutuel wagering
companies, utility companies; entities controlled by the Public Service Commission;
entities granted a franchise to operate by either a city or a county government
•Must disclose if you are or were at any time during the reporting period an
officer, director, partner, proprietor, or agent (other than a resident agent
solely for service of process)
Potential Penalties for Failure to Comply
(§ 112.317 F.S.)
•Impeachment
•Removal or suspension from office
•Public censure and reprimand
•Reduction in Salary
•Forfeiture of no more than one‐third of his or her salary per month
for no more than 12 months
•Civil Penalty not exceeding $20,000
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8/9/2023
7
Thank You!!
Glen J. Torcivia, Esq.
TORCIVIA, DONLON, GODDEAU & RUBIN, P.A.
701 Northpoint Parkway, Suite 209
West Palm Beach, Florida 33407
(561) 686‐8700
(561) 686‐8764 fax
glen@torcivialaw.com
www.torcivialaw.com
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'`� � � N �� U � r� rY► h� �o� l.�.rtxQ..e.L
Prern --ro WN kWACXS e.9- s
Milestone Inspection Report
Total Buildings in Milestone Inspection Report: 53
Completed Milestone Inspection Recertification: 1
• Dalton Place
Completed Phase 1 Report: 1
• Villa Costa
Submitted reports, but pending more: 5
• Highland Towers (missing electrical)
• Trafalgar (missing structural)
• Penthouse Highlands (missing electrical)
• Regency Highland 3912 & 3908 (missing electrical)
Submitted structural and electrical: 3
• Carlton House
• Ocean Dunes
• Parker Highland
Did not submit reports within due date: 19
• Penthouse Towers
• Delray Sands
• Monterey House — currently under concrete restoration
• Seagate (all 4 buildings)- currently under concrete restoration
• St Ludes Church
• 45 Ocean (both buildings)- currently under concrete restoration
• Wiltshire House
• Ocean Pines
• Ocean Terrace
• Beach Walk East
• Townhouses of Highland Beach (both buildings)
• Clarendon
• Villa Magna
• Lloret de Mar Condo
II f �
t+CUY�ou�-�2on1Tu��,�ge%�Ia�e �(1s�z3TCvry.
Letter sent, but is still within the due date: 15
• Carron House
• Coronado (both)
• Evanton Bay
• Villa Nova
• Braemar Isle Townhomes
• Highlands Place
• Casuarina
• Villa Mare (submitted structural, pending electrical)
• Braemar Isle (submitted structural, pending electrical)
• Le Sanctuaire
• Highland Beach Club (3594 & 3606)
• Toscana Beach Club
• Toscana North