2023.09.05_TC_Agenda_Regular1
TOWN OF HIGHLAND BEACH
TOWN COMMISSION MEETING
AGENDA
Tuesday, September 05, 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. 2023-019
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 Board
of Adjustments and Appeals; 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 September 05, 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
September 05, 2023 5:01 P.M. Town Commission Special First Public
Hearing Budget Meeting
September 19, 2023 1:30 P.M. Town Commission Meeting
September 21, 2023 9:30 A.M. Planning Board Regular Meeting
September 21, 2023 5:01 P.M. Town Commission Special Second
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 24, 2023 Town Commission Special Meeting Minute s
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
1. Hurricane Preparation Manual Presentation
B. Florida Department of Transportation (FDOT) RRR Project Update
C. Building Department Recertification Program Update
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Town Commission Meeting Agenda September 05, 2023
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11. NEW BUSINESS (Public Comments will be limited to three (3) minutes per speaker
per item after Town Commission initial discussion.)
A. Development Application No. 23-0003 / Le Sanctuaire Condominium
Association, Inc.
Consideration of an application for a major modification to an existing building,
as provided in section 30-39 of the Town code of ordinances, including but not
limited to changes to the exterior façade and balconies for the property located
at 3425 South Ocean Boulevard by Mark Rothenberg of Ellemar Enterprises,
LLC.
B. Consideration of a request for a Town of Highland Beach Right -of-Way (ROW)
permit for the property located at 4005 S Ocean Boulevard.
C. Resolution No. 2023-024
A Resolution of the Town Commission of the Town of Highland Beach Florida,
adopting Fiscal Year 2023-2024 Schedule of Fees which establishes reasonable
fees for town services and other charges; providing for conflicts; and providing
an effective date.
D. Discussion on past charter amendments and upcoming referendum questions.
1. Town Attorney Memorandum regarding Canvassing Board
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
14. TOWN MANAGER’S REPORT
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Town Commission Meeting Agenda September 05, 2023
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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 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. 2023-019
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 Board of Adjustments
and Appeals; and providing for an effective date.
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TOWN OF HIGHLAND BEACH
AGENDA MEMORANDUM
MEETING TYPE: Commission Meeting
MEETING DATE September 05, 2023
SUBMITTED BY: Jaclyn DeHart, Deputy Town Clerk
THROUGH Lanelda Gaskins, Town Clerk
SUBJECT: Resolution No. 2023-019
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 Board of Adjustments and Appeals; and providing for an
effective date.
SUMMARY:
Consideration of Resolution No. 2023-019 ratifying the selection, appointments, and term of
office of a member of the Board of Adjustments and Appeals (BOAA); and providing for an
effective date.
The Town Clerk’s Office received two (2) board applications for Town Commission
consideration. Currently, there is one applicant eligible for reappointment and three (3) open
vacancies for new applicants to serve as members on the Board. The applicant names are
as follows:
Reappointment Appointment
Eve Rosen Todd Weiss
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:
Todd Weiss Application
Todd Weiss Vetting Form
Eve Rosen Application
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Resolution No. 2023-019
RECOMMENDATION:
With the Commission’s consideration, Staff recommends the adoption of Resolution No. 2023-
019 for the applicants to serve a term as outlined in the resolution.
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RESOLUTION NO. 2023-019
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 20, Article III, Sec. 20-46 of the Town’s Code of Ordinances
establishes the Board of Adjustment and Appeals Board and governs the membership,
qualification, function, and rules of the Board of Adjustment and Appeal Board; and
WHEREAS, these provisions of the Code establish the selection, appointment, and terms
of office of members of the Board of Adjustment and Appeals Board; and
WHEREAS, June 15, 2021, Board Member Eve Rosen was appointed by Town
Commission to fill a full-time three-year term ending May 30, 2023, and is eligible for
reappointment for a three-year term; and
WHEREAS, on November 30, 2022, one (1) member’s term ended, thereby opening one
(1) vacancy 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 Board of Adjustment and Appeals Board interviewed
the applicants and recommends that the Town Commission reappoint one (1) applicant and appoint
one (1) new applicant to the Board; and
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Resolution No. 2023-019
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WHEREAS, Town residents interested in serving on or continuing to serve on the Board
of Adjustment and Appeal Board have submitted a board application 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, one (1) member has been
selected by the Town Commission to serve on the Board of Adjustment and Appeal Board as
follows:
Board Member Todd Weiss – term expires September 05, 2026
Board Member Eve Rosen – term expires September 05, 2026
Section 3. This Resolution shall become effective upon adoption.
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Resolution No. 2023-019
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DONE AND ADOPTED by the Town Commission of the Town of Highland Beach, Florida, this
5th day of September 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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06.02.2020 - Commission appointed Mrs. E. Rosen to the Board of Adjustment &
Appeals an unexpired term ending June 2, 2023.
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C-n rp-),
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Please list any special talent, qualification, education or professional experience that would contribute to your
service on the Board/Committee you have selected?
Please summarize your voluntee xperience(s
Florida Law requires appointed members on the Planning and Board of Adjustment and Appeals Boards to file a
Form 1 - Statement of Financial Interests Disclosure form on an annual basis.
Vetting by the Board Chairperson. The Chairperson of each Board shall interview the applicant and submit a
memorandum of recommendation to the Town Clerk's Office 14 days prior to the Town Commission Workshop
Meeting for final appointment.
Palm Beach County Commission on Ethics requires appointed members to take the Code of Ethics Training
every two (2)years.
I hereby certify that the statements and answers provided are true and accurate to the best if my knowledge.
Signature of Applicant Date
AResume Attached.
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File Attachments for Item:
A. Approval of Meeting Minutes
August 24, 2023 Town Commission Special Meeting Minutes
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TOWN OF HIGHLAND BEACH
TOWN COMMISSION SPECIAL MEETING
MINUTES
LIBRARY COMMUNITY ROOM
3618 S. OCEAN BLVD.,
HIGHLAND BEACH, FL
Date: August 24, 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 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 - 0.
5. PRESENTATIONS / PROCLAM ATIONS
A. None.
6. PUBLIC COMMENTS
There were no public comments.
7. ANNOUNCEMENTS
Mayor Moore read the announcements as follows:
Board Vacancies:
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Town Commission Special Meeting Minutes
Date: August 24, 2023 Page 2 of 6
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 30, 2023 11:00 A.M. Natural Resources Preservation
Advisory Board Regular Meeting
September 04, 2023 Town Hall closed in observance of
Labor Day
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
A. Ordinance No. 2023-002 (Second Reading/Public Hearing)
An ordinance of the Town of 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 codification; and
providing for an effective date (First Reading was August 1, 2023).
Mayor Moore read the title of Ordinance No. 2023-002.
MOTION: David/Goldberg - Moved to adopt Ordinance No. 2023-002 on the
second/final reading. Based upon roll call: Commissioner David
(Yes); Commissioner Goldberg (Yes); Commissioner Peters (Yes);
Vice Mayor Stern (Yes); and Mayor Moore (Yes). The motion
passed unanimously on a 5 to 0 vote.
Mayor Moore opened the item for public hearing. There were no public
comments; Mayor Moore closed the public hearing.
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. None.
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Town Commission Special Meeting Minutes
Date: August 24, 2023 Page 3 of 6
10. UNFINISHED BUSINESS
A. Fire Rescue Implementation Update
Mayor Moore read the title of Item 10.A.
Town Manager Labadie provided an update on Fire Rescue Implementation as
follows:
Recruiting process: First round of fire captain interview had great candidates and
the team has narrowed down candidates for a second round. Next phase is
driver/engineer firefighter.
The Fire Rescue building is going up. Over the next six weeks the structure will
be enclosed, and interior work will begin. They are on schedule and budget.
B. FY 2023/2024 Budget Update
Mayor Moore read the title of Item 10.B.
Finance Director David DiLena, provided a PowerPoint presentation highlighting
the Proposed Fiscal Year 2024 Operating Budget such as the 2024 Strategic
Project/Initiatives
Following the presentation, the Town Commission and staff discussed the three
(3) budget surplus alternatives. Alternative 1: Replenish the reserve sinking fund
and keep the millage rate at 3.5875. Alternative 2: Replenish the reserve sinking
fund with $150K and reduce the millage rate from 3.5875 to 3.5581. Alternative
3: Reduce the millage rate from 3.5875 to 3.5140.
Vice Mayor Stern and Commissioner Goldberg were favorable to Alternative
2. Commissioners, David, Peters, and Mayor Moore were favorable to
Alternative 1.
MOTION: David/Peters - Moved to vote on the proposed 2023-2024 budget
with Option No. 1 (Alternative 1). Based on roll call: Commissioner
David (Yes); Commissioner Peters (Yes); Commissioner Goldberg
(No); Vice Mayor Stern (No); and Mayor Moore (Yes). The motion
passed on a 3 to 2 vote with Commissioner Goldberg and Vice Mayor
Stern dissenting.
C. Discussion of Remaining Budget Schedule
There was discussion about moving the September 20, 2023 Town Commission
Second Public Hearing Budget Meeting to September 21.
It was the consensus of the Town Commission to schedule the Second Public
Hearing Budget Meeting on September 21.
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Town Commission Special Meeting Minutes
Date: August 24, 2023 Page 4 of 6
11. NEW BUSINESS
A. Consideration to approve the Health Insurance and Other Insurance
Programs for Town personnel for Fiscal Year 2024.
Mayor Moore read the title of Item 11. A.
Human Resources/Risk Manager Director Eric Marmer presented this item.
MOTION: David/Goldberg - Moved to approve the Health Insurance Program
as presented by Mr. Marmer. Based upon roll call: Commissioner
David (Yes); Commissioner Goldberg (Yes); Commissioner Peters
(Yes); Vice Mayor Stern (Yes); and Mayor Moore (Yes). The motion
passed on a 5 to 0 vote.
B. Ratification of Collective Bargaining Agreement (CBA) between the Town
of Highland Beach and the Florida State Lodge Fraternal Order of Police,
Inc. (FOP) Town Staff Agreement October 1, 2023 through September 30,
2026.
Mayor Moore read the title of Item 11.B.
Town Manager Labadie presented this item discussing the changes to the FOP
agreement such as the five percent (5%) merit increase and the Juneteenth
Federal Holiday. Also, Eric Marmer, Human Resources and Risk Manager
commented on the bereavement leave time.
MOTION: David/Stern - Moved to ratify the FOP (Florida State Lodge Fraternal
Order of Police, Inc.) Agreement with the Town effective October 1,
2023 through September 30, 2026. Based upon roll call:
Commissioner David (Yes); Vice Mayor Stern (Yes); Commissioner
Goldberg (Yes); Commissioner Peters (Yes); and Mayor Moore
(Yes). The motion passed unanimously on a 5 to 0 vote.
C. Resolution No. 2023-020
A Resolution of the Town Commission of the Town of Highland Beach,
Florida, adopting a merit increase policy for non-union employees and
amending the Town of Highland Beach salary table; and providing an
effective date.
Mayor Moore read the title of Item 11.C.
Town Manager Labadie presented this item and reviewed the resolution.
MOTION: David/Goldberg - Moved to approve Resolution No. 2023-020 as
presented. Based upon roll call: Commissioner David (Yes);
Commissioner Goldberg (Yes); Commissioner Peters (Yes); Vice
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Town Commission Special Meeting Minutes
Date: August 24, 2023 Page 5 of 6
Mayor Stern (Yes); and Mayor Moore (Yes). The motion passed on
a 5 to 0 vote.
D. Town Manager Review
Mayor Moore read the title of Item 11.D.
The Town Commission spoke highly of Town Manager Labadie's performance
and accomplishments and suggested Mr. Labadie be awarded the highest merit
increase of ten percent (10%) based on his contract.
MOTION: David/Stern - Moved to give Town Manager Labadie the highest
merit increase. Based upon roll call: Commissioner David (Yes); Vice
Mayor Stern (Yes); Commissioner Goldberg (Yes); Commissioner
Peters (Yes); and Mayor Moore (Yes). The motion passed
unanimously on a 5 to 0 vote.
12. TOWN COMMISSION COMMENTS
Commissioner Judith M. Goldberg will be participating in the Florida League of
Cities Legislative Committee Finance and Taxation meeting on September 8.
Commissioner Donald Peters thanked Finance DiLena for the Budget Presentation
and Town Manager Labadie for being the Town Manager.
Commissioner Evalyn David commented on budget season, and thanked Town
staff.
Vice Mayor David Stern disclosed that he spoke with Deputy Vice Mayor Rob Long
of the City of Delray Beach as it relates to the Fire Department. He had a very positive
conversation. Deputy Vice Mayor Long is looking forward to a quick solution and
cooperative agreement with the Town. He congratulated Town Manager Labadie on
his increase in salary.
Mayor Natasha Moore mentioned she also spoke with the Deputy Vice Mayor Rob
Moore of the City of Delray Beach. Deputy Vice Mayor Long expressed his desire
for the Delray Beach Fire Rescue Department and the Highland Beach Fire Rescue
Department to engage in discussions regarding mutual aid.
Town Manager Labadie will speak with Delray City Manager Moore. He will bring
back some options to the Town Commission at a later date.
Mayor Moore attended a Mayor's Roundtable hosted by Congressman Jarred
Moskowitz yesterday. During the roundtable, Congressman Moskowitz
recommended that municipalities have a contract in place for a "technical assistance
vendor" in the event of a catastrophe, such as a hurricane. The benefit of the technical
assistance vendor is to help with all the paperwork required by FEMA (Federal
Emergency Management Agency). And, they have the established relationships with
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Town Commission Special Meeting Minutes
Date: August 24, 2023 Page 6 of 6
FEMA to make sure reimbursements are received as soon as possible. The costs
incurred for the technical assistance vendor are reimbursable by FEMA.
13. TOWN ATTORNEY’S REPORT
The Town Attorney was not present.
14. TOWN MANAGER’S REPORT
Town Manager Labadie thanked the Town Commission for their support.
15. ADJOURNMENT
The meeting adjourned at 3:19 P.M.
APPROVED: September 05, 2023, Town Commission Meeting.
ATTEST: Natasha Moore, Mayor
Transcribed by
Jaclyn DeHart and Lanelda Gaskins
09/05/2023
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/.
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File Attachments for Item:
A. Development Application No. 23-0003 / Le Sanctuaire Condominium Association, Inc.
Consideration of an application for a major modification to an existing building, as
provided in section 30-39 of the Town code of ordinances, including but not limited to
changes to the exterior façade and balconies for the property located at 3425 South
Ocean Boulevard by Mark Rothenberg of Ellemar Enterprises, LLC.
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TOWN COMMISSION
STAFF REPORT
MEETING OF: SEPTEMBER 5, 2023
TO: TOWN COMMISSION
FROM: INGRID ALLEN, TOWN PLANNER
SUBJECT: APPLICATION BY MARK ROTHENBERG, ELLEMAR
ENTERPRISES LLC, FOR A MAJOR MODIFICATION TO AN
EXISTING BUILDING, AS PROVIDED IN SECTION 30-39 OF THE
TOWN CODE OF ORDINANCES, INCLUDING BUT NOT LIMITED
TO CHANGES TO THE EXTERIOR FAÇADE AND BALCONIES
FOR THE PROPERTY LOCATED AT 3425 SOUTH OCEAN
BOULEVARD (DO#23-0003).
Applicant (Property Owner): Le Sanctuaire Condominium Association, Inc.
3425 South Ocean Boulevard
Highland Beach, FL 33487
Applicant’s Agent: Mark Rothenberg
Ellemar Enterprises LLC
6810 North State Road 7
Coconut Creek, FL 33073
Property Characteristics:
Comprehensive Plan Land Use: Multi Family Medium Density
Zoning District: Residential Multiple Family Medium Density (RMM)
Parcel PCN#: 24-43-46-33-41-000-0010, 24-43-46-33-41-000-0020,
24-43-46-33-41-000-0030, 24-43-46-33-41-000-0040.
Site Location: 3425 South Ocean Boulevard
I. GENERAL INFORMATION:
HIGHLAND BEACH BUILDING DEPARTMENT
3614 S. Ocean Boulevard
Highland Beach, FL 33487
Ph: (561) 278-4540
Fx: (561) 265-3582
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Property Background:
On April 7, 1992, the Board of Adjustment held a Workshop Meeting whereby the Board considered
a request for relief from side setbacks from 20 feet to 16 feet 6 inches, and height requirements from
40 feet to 50 feet 10 inches for a proposed four (4) unit condominium at 3425 South Ocean
Boulevard. The Chairman of the Board announced the Public Meeting for the item to be held on
April 21, 1992.
On April 21, 1992, the Board of Adjustment approved a variance allowing side setbacks for the
parking garage to be reduced from 20 feet to 16 feet 6 inches and denying a variance request to
increase the building height from 40 feet to 50 feet 10 inches (motion carried 7-0).
On June 10, 1992, the Planning Board considered a preliminary review for a four (4)-unit
condominium at 3425 South Ocean Boulevard. The Planning Board gave final approval (motion
carried 5-0).
On June 30, 1992, the Town Commission held a Workshop Meeting whereby the Commission
reviewed “the proposal” for the property located at 3425 South Ocean Boulevard. The Town
Commission moved the matter to the July 7, 1992 Town Commission Regular Meeting consent
agenda for consideration.
On July 7, 1992, the Town Commission approved a proposal for 3425 South Ocean Boulevard
(motion carried 5-0).
Request and Analysis:
The Applicant is proposing a major modification to an existing four (4) unit condominium (Le
Sanctuaire) located at 3425 South Ocean Boulevard. Pursuant to Section 30-39 of the Town Code,
major modifications to existing buildings are described as follows:
“…that alter existing principal or accessory structures, including but not limited to
the building footprint, number of square feet, building height, number of dwelling
units, parking requirements, change in exterior facade, change of use, change of
roof line, change of elevation, all exterior walls, balconies, foundations, accessory
structures, and similar substantial improvements as determined by the building
official.
The proposed major modification consists of the following:
- Replacement of existing balcony railings with glass.
- Exterior façade changes that include modification to architectural style consisting of the
addition of pilasters to the front of the building, decorative fins to the front and side of
the building, as well as the addition of wall/eyebrow architectural features.
- Replace existing Spanish roof tiles with a metal roof.
The Applicant is also proposing new landscaping on the property (there are no proposed changes
to the landscaping in FDOT’s right -of-way along State Road A1A ), changes to the configuration
of the existing pool, changes to windows and doors, the addition of a waterfall feature at the front
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of the building as well as additional hardscape changes including t he replacement of pavers along
the driveway, pool and north terrace all of which are attained via the building permit process. It is
worth noting that while part of the existing structure as well as some of the proposed major
modifications are located east of the Coastal Construction Control Line (CCCL), the Florida
Department of Environmental Protection (FDEP) ha s determined that such proposed changes are
exempt activities and therefore do not require a FDEP permit.
According to Section 30-39(b) and Section 30-31 of the Town Code, major modifications are to be
approved in the same manner as the original structure/application. As noted above, the Town
Commission approved a proposal for the property on July 7, 1992, and therefore the proposed major
modification requires the approval of the Town Commission. On August 10, 2023, the Planning
Board recommended approval of the major modification request (motion carried 6-0).
Following an approval by the Town Commission and prior to initiation of construction, the
Applicant will be required to obtain a building permit from the Town of Highland Beach Building
Department. Pursuant to Section 30-21(g) of the Town Code, commencement of construction of the
approved major modification shall be initiated within two (2) years following the date of approval
by the Town Commission.
Staff has reviewed the Applicant’s proposed request including plans date stamped received by the
Building Department on July 25, 2023 and finds that the project is consistent with the Code of
Ordinances.
Should you have any questions, please feel free to contact me at (561) 637-2012 or
iallen@highlandbeach.us
Ingrid Allen
Town Planner
Attachments: Application
Aerials
FDEP correspondence (dated February 1, 2023)
Town Commission Workshop Meeting minutes (June 30, 1992).
Town Commission Regular Meeting minutes (July 7, 1992).
Applicant proposed Plans (11X17)
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342 5 South Ocea n Boul eva rd Palm Be ach Cou ntyNone
Aug ust 1, 20 23
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 32
01/09/2023
SUBJECT PROPERTY
3425 South Ocean Boulevard (front)
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3425 South Ocean Boulevard (rear)
01/09/2023
SUBJECT PROPERTY
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From: Mark Powell <mpowell@coastal-engineers.com>
Date: February 1, 2023 at 3:43:11 PM EST
To: Mark <mark@ellemar.com>
Cc: Carlos Linares <Carlos@stofft.com>
Subject: FW: 3425 South Ocean Boulevard, Highland Beach - Request for Confirmation of Exemption
Mark,
Please see email below from DEP. I believe this will satisfy the Town but let me know if you need
anything else.
Thank you,
Mark A. Powell, P.E.
Isiminger & Stubbs Engineering, Inc.
Registry Number: 8114
649 US Highway 1, Suite 9
North Palm Beach, FL 33408
561-881-0003
e-mail: mpowell@coastal-engineers.com
www.coastal-engineers.com
Attention:
This email and any files transmitted with it from Isiminger & Stubbs Engineering, Inc., are preliminary
unless signed and sealed and are confidential and intended solely for use by the individual or entity to
whom they are addressed. If you have received this email in error, please immediately notify the
sender.
From: Kieckbusch, David <David.Kieckbusch@FloridaDEP.gov>
Sent: Wednesday, February 1, 2023 3:37 PM
To: Mark Powell <mpowell@coastal-engineers.com>
Subject: 3425 South Ocean Boulevard, Highland Beach - Request for Confirmation of Exemption
Mark,
No permit is necessary for the repair/replacement of the seaward portion of the dune walkover since it
will occur in the original footprint and the installation/improvement of the façade as it does not include
any foundation work. These are exempt activities according to 62B-33.004 F.A.C.
The proposed fountains do not require a CCCL permit because they are considered non-jurisdictional
since they are landward of the 1997 CCCL.
This is for residence at 3425 S. Ocean Blvd., Highland Beach.
Let me know if you have any questions.
Thank you,
David
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David Kieckbusch
Environmental Specialist II
Florida Department of Environmental Protection
Southeast District – West Palm Beach
3301 Gun Club Road, MSC 7210-1
West Palm Beach, FL 33406
David.Kieckbusch@floridadep.gov
Office: 561.681.6646
Cell: 561.313.9007
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Sold To:
Town of Highland Beach - CU00398185
3614 So. Ocean Blvd.
Highland Beach,FL 33487
Bill To:
Town of Highland Beach - CU00398185
3614 So. Ocean Blvd.
Highland Beach,FL 33487
Published Daily
Fort Lauderdale, Broward County, Florida
Boca Raton, Palm Beach County, Florida
Miami, Miami-Dade County, Florida
State Of Florida
County Of Orange
Before the undersigned authority personally appeared
Rose Williams, who on oath says that he or she is a duly authorized representative of the SUN- SENTINEL,
a DAILY newspaper published in BROWARD/PALM BEACH/MIAMI-DADE County, Florida; that the
attached copy of advertisement, being a Legal Notice in:
The matter of 11720-Notice of Public Meeting ,
Was published in said newspaper by print in the issues of, or by publication on the
newspaper¶s website, if authorized on Jul 31, 2023
Affiant further says that the newspaper complies with all legal requirements for
publication in Chapter 50, Florida Statutes.
Signature of Affiant
Sworn to and subscribed before me this: July 31, 2023.
Signature of Notary Public
Name of Notary, Typed, Printed, or Stamped
Personally Known (X) or Produced Identification ( )
Affidavit Delivery Method: E-Mail
Affidavit Email Address: jdehart@highlandbeach.us
7468198
SUN-SENTINEL
Page 59
Order # - 7468198
SUN-SENTINEL
Page 60
SUN-SENTINEL
Page 61
Page 62
TOWN OF HIGHLAND BEACH
NOTICE OF PUBLIC HEARING
APPLICATION NO. 23-0003
500 Ft Public Notification Boundary
July 24, 2023
Dear Property Owner:
This is to notify you that the PLANNING BOARD of the Town of Highland Beach will
conduct a public hearing on Thursday, August 10, 2023 at 9:30 AM and the TOWN
COMMISSION will conduct a public hearing on Tuesday, September 5, 2023 at 1:30
PM in the Community Room of the Town Library located at 3618 South Ocean
Boulevard, Highland Beach, Florida to consider the following application.
APPLICATION BY MARK ROTHENBERG, ELLEMAR ENTERPRISES LLC, FOR
A MAJOR MODIFICATION TO AN EXISTING BUILDING, AS PROVIDED IN
SECTION 30-39 OF THE TOWN CODE OF ORDINANCES, INCLUDING BUT NOT
LIMITED TO CHANGES TO THE EXTERIOR FAÇADE AND BALCONIES FOR
THE PROPERTY LOCATED AT 3425 SOUTH OCEAN BOULEVARD.
The application is available for inspection in the Town Clerk’s Office at Town Hall, Monday
through Friday during normal business hours of 8:30 a.m. to 4:30 p.m.
Any person that 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 of
the proceeding is made, which includes the testimony and evidence upon which the appeal is based.
The Town of Highland Beach does not provide such a record.
In accordance with the Americans with Disabilities Act, persons who need special accommodation
to attend or participate in this meeting should contact the Town Clerk’s Office at (561) 278-4548
at least 48 hours prior to the meeting. If you are hearing or speech impaired, please contact the
Florida Relay Service at 1-800-955-8770 or 1-800-955-8771.
For additional information, please contact the Town Planner at (561) 278-4540.
TOWN OF HIGHLAND BEACH, BUILDING DEPARTMENT
Page 63
File Attachments for Item:
B. Consideration of a request for a Town of Highland Beach Right-of-Way (ROW) permit
for the property located at 4005 S Ocean Boulevard.
Page 64
TOWN OF HIGHLAND BEACH
AGENDA MEMORANDUM
MEETING TYPE: Town Commission Meeting
MEETING DATE 09/05/2023
SUBMITTED BY: Jeff Remas, Building Department
SUBJECT: Right of Way (ROW) Permit 4005 S Ocean Blvd
SUMMARY:
4005 S Ocean Blvd recently completed construction and was issued a certificate of
occupancy. The prospective new owner prefers a different driveway covering. FDOT has
approved the work in the ROW. The change is to the covering of the driveway only and
does not add any impervious surface. The change does not affect stormwater runoff.
FISCAL IMPACT:
N/A
ATTACHMENTS:
4005 Driveway Drawing
RECOMMENDATION:
Staff recommends approval
Page 65
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DocuSign Envelope ID: 7A98DF0C-9CDD-4ADB-BA78-642C9D2BB4F1
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Page 66
File Attachments for Item:
C. Resolution No. 2023-024
A Resolution of the Town Commission of the Town of Highland Beach Florida, adopting
Fiscal Year 2023-2024 Schedule of Fees which establishes reasonable fees for town
services and other charges; providing for conflicts; and providing an effective date.
Page 67
TOWN OF HIGHLAND BEACH
AGENDA MEMORANDUM
MEETING TYPE: Town Commission Meeting
MEETING DATE September 5, 2023
SUBMITTED BY: Town Manager’s Office
SUBJECT: A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF
HIGHLAND BEACH, FLORIDA, ADOPTING THE FISCAL YEAR 2023-
2024 SCHEDULE OF FEES WHICH ESTABLISHES REASONABLE
FEES FOR TOWN SERVICES AND OTHER CHARGES; PROVIDING
FOR CONFLICTS; AND PROVIDING AN EFFECTIVE DATE.
SUMMARY:
Prior to October 1st, the Town Commission must review and approve the fee schedule for the
upcoming fiscal year.
Attached is the proposed resolution and fee schedule submitted by Town staff. There are no
significant changes from the current fees.
Please note, the solid waste fees are based upon the new agreement with Waste Management
and the exhibit reflects the rate change scheduled for June 1, 2024.
FISCAL IMPACT:
N/A
ATTACHMENTS:
Resolution No. 2023-024
Exhibit A (General Fees), Exhibit B (Building Department Fees), Exhibit C (Solid Waste
Fees), Exhibit D (Fire and EMS Fees)
RECOMMENDATION:
Approve the Resolution No. 2023-24 adopting the fee schedule for fiscal year 2023-2024.
Page 68
RESOLUTION NO. 2023-024
A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN
OF HIGHLAND BEACH, FLORIDA, ADOPTING THE FISCAL
YEAR 2023-2024 SCHEDULE OF FEES WHICH ESTABLISHES
REASONABLE FEES FOR TOWN SERVICES AND OTHER
CHARGES; PROVIDING FOR CONFLICTS; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Town of Highland Beach (“Town”) maintains and desires to
promote the safety, health and welfare of its residents by providing for enforcement of its
Code of Ordinances as well as setting forth fees for providing certain utilities and
administrative services; and
WHEREAS, the Town Commission finds that adopting the 2023-24 schedule of
fees serves a valid public purpose.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION
OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AS FOLLOWS:
Section 1. The foregoing recitals are hereby ratified and confirmed as being
true and correct and are hereby made a specific part of this Resolution.
Section 2. The “Town of Highland Beach Schedule of Fees,” which are
attached as Exhibits “A”, “B”, “C”, “D” and incorporated herein, is hereby adopted.
Section 3. All Resolutions or parts of Resolutions in conflict herewith are
hereby repealed.
Section 4. If any provision of this Resolution or the application thereof to any
person or circumstances is held invalid, the invalidity shall not affect other provisions or
applications of this Resolution which can be given effect without the invalid provision or
application and to this end the provisions of this Resolution are declared severable.
Section 5. This Resolution shall become effective upon approval by Town
Commission.
Page 69
Resolution No. 2023-024
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 70
Resolution No. 2023-024
EXHIBIT “A”
TOWN OF HIGHLAND BEACH
SCHEDULE OF FEES
EFFECTIVE 10/01/2023– 09/30/2024
I. TOWN CLERK
a. Public Records Request
i. Photocopies (8 ½ x 14 or less):
a. Single Sided: Black and White Copies $0.15 per page
b. Double Sided: Black and White Copies $0.20 per page
c. Single Sided: Color Copies $0.25 per page
d. Double Sided: Color Copies $0.30 per page
e. Photocopies total cost under $5.00 No charge
ii. USB Flash Drive Based on actual cost
iii. Other materials Based on actual cost
b. Labor Costs for Research and Reproduction,
Special Service Charges relevant to Public Records Based on actual cost
c. Postage/Mailing Cost Based on actual cost
*Additional Cost May Apply Based on Florida Statute, Chapter 119*
d. Municipal Lien Search Requests $150.00 per Parcel Control Number
e. Notary Service:
Highland Beach Residents (after first five (5) signatures) $5.00 per signature
f. Non-Residents $5.00 per signature
g. Administration of Oaths and Affirmations $10.00 per person
h. Acknowledgements $10.00 per person
i. Certified Copies $1.00 per document
j. Zoning Maps Based on actual cost
k. Development Order Applications $200.00 per application
*Administrative cost for preparation and mailings of public notices*
Page 71
Resolution No. 2023-024
II. LIBRARY
a. Library Cards
i. Highland Beach Property Owners and Residents with
six (6) months lease agreement or longer No charge
ii. Seasonal renters (3-6 months) $25.00 per year
iii. Non-residents $75.00 per year
iv. Replacement cards $5.00 per card
b. Overdue Materials
i. Books and magazines $0.25 per day per item
ii. DVDs and CDs $1.00 per day per item
iii. E-readers $3.00 per day per item
c. Printing/Copying using Library Computers
i. First 5 pages of Black & White Copies No charge
ii. More than Five (5) Pages $0.25 per page
d. Room usage fees for Independent Contractors
i. Background Check for Independent Contractor $19.95
ii. Tom Reid Room $10.00 per month
iii. Community Room $20.00 per month
III. CODE COMPLIANCE & POLICE FINES/FEES
a. Illegal parking in designated disabled parking spots $250.00
b. Class I Infraction (First and repeat violations) $50.00
c. Class II Infraction (First offense) $50.00
d. Class II Infraction (Repeat violation) $100.00
e. Class III Infraction (First and repeat violations) $200.00
f. Cost of Prosecution $250.00
*Class I, II and III Infractions based per Section 2-174 of Town Code of Ordinances
IV. ADMINISTRATIVE COSTS
Pursuant to Section 2-117 (c) of the Code of Ordinances, administrative costs incurred by
the town in the successful prosecution of a code enforcement case shall be assessed
against the violator pursuant to F.S. § 162.07(2).
Page 72
Resolution No. 2023-024
EXHIBIT “B”
TOWN OF HIGHLAND BEACH
BUILDING AND LAND DEVELOPMENT
SCHEDULE OF FEES
EFFECTIVE 10/01/2023 – 09/30/2024
I. BUILDING DEPARTMENT
a. All building permit fees shall be based upon the value of the work to be performed.
The ''value of work” shall be determined in accordance with Section 109 of the Town’s
Administrative Amendments to the Florida Building Code.
b. The minimum building permit fee shall be $100.
c. Building permit fees shall be calculated per each $1,000 of valuation or portion thereof,
for each trade (building, plumbing, mechanical or electrical) or for each specialty
(pools, fire suppression, alarm, or security systems, etc.). Those fees are as follows:
i. $25.00 per $1,000 or portion thereof of value up to $500,000.
ii. $20.00 per $1,000 or portion thereof of value above $500,000.
d. Sales Trailer Permit Fee: The fee for sales trailers shall be $500 per trailer, shall include
all sub-trade inspections, and shall expire after six (6) months. The permit may be
renewed for additional six (6) month increments upon payment of an additional fee.
e. Construction Trailer Permit Fee: The fee for construction trailers shall be $250 and
shall include all sub-trade inspections.
f. Contractor Registration: All contractors must be registered with the Building
Department of the Town of Highland Beach. Registration includes basic information
about the contractor, and proof of licenses and insurance. Licenses and insurance are
typically demonstrated through a State of Florida registration or certification, or a Palm
Beach County Business Tax Receipt. There will be no charge for registering with the
Town of Highland Beach.
g. Reinspection Fees:
i. $75.00 for second inspection (same item).
ii. $150.00 for third inspection* (same item).
iii. $250.00 for fourth inspection* (same item).
iv. $300.00 for fifth inspection* (same item.
* (requires license holder or qualifier to be at the site)
h. Additional Fees:
i. $100.00 for fire sprinkler permits, except electrical component of permit. (Delray
Fire Fee Schedule)
Page 73
Resolution No. 2023-024
ii. $50.00 per page for plans requiring additional review after the initial review.
iii. $50.00 for change in contractor
iv. $100.00 floor and/or balcony tile fee (not shower tile or pan replacement).
v. $100.00 for water heater change-out
vi. $100.00 installation of residential alarm or security system.
vii. Portable Storage Unit: $50.00 for site permit fee
viii. $100.00 for failure to call for a final inspection prior to permit expiring.
ix. $50.00 per page for plans requiring additional review after the initial review.
i. Penalty Fees:
i. Two and half times (2.5X) the original permit fee, but not to exceed $10,000, for
work commenced without a permit.
*Approved by the Town Commission on October 7, 2020*
j. Planning & Zoning Fees:
i. Site plan: $1,500.00
ii. Special Exception: $1,500.00
iii. Comprehensive Plan Amendment: $1,500.00
iv. Revision to Code of Ordinances: $1,500.00
v. Variance: $1,500.00
$500.00 each additional variance
vi. Appeal of Building Code or Zoning Determination: $1,500.00
vii. Zoning Verification Letter: $150.00
viii. Hourly attorney consultation fee. Must be paid with all land development
applications. $500.00 deposit plus any costs that exceed the $500.00
ix. License Agreement or Unity of Title: $1,000.00
x. Appeal to Town Commission: $1,500.00
Page 74
Resolution No. 2023-024
xi. Engineering Review Fee: $500.00 plus any additional cost
xii. Short-Term Rentals registration fee. $250.00
xiii. Short-Term Rentals inspection fee. $150.00
xiv. Short-Term Rentals re-inspection fee (failure to pass initial inspection) $50.00
xv. Short-Term Rentals annual renewal fee. $100.00
xvi. Short-Term Rentals change of agent fee. $50.00
xvii. Short-Term Rentals penalties:
a. $250.00 fine, daily, per violation for first offence;
b. Up to $500.00 fine, daily, per violation for repeat offences;
c. $150.00 administrative fee.
Refund Policy
No refunds for issued permits, permits under $200, penalty fees, surcharges, etc.
No refunds on permit applications greater than 30 days old
Refunds shall be 60% of the fee paid in excess of $200.
Cost Recovery Provision. Applicant is responsible for the cost of recovering administrative, engineering, legal
review, and/or any other professional service required in conjunction with any application, including any public
notice costs in excess of minimum advertising fee, including notice costs, such as postage, etc.
Page 75
Resolution No. 2023-024
EXHIBIT “C”
TOWN OF HIGHLAND BEACH
SCHEDULE OF FEES
EFFECTIVE 10/01/2023 – 05/31/2024
VIII. SOLID WASTE AND RECYCLING SERVICES
a. Single-family curbside $ 29.15 per month*
b. Multi-family curbside (4 units or less) $ 29.15 per month*
c. Multi-family curbside (more than 4 units) $ 17.46 per month*
d. Special medical Per Contract
e. Container rentals Per Contract
f. Commercial services Per Contract
*Cost includes 5% administrative charge
EFFECTIVE 06/01/2024 – 09/30/2024
a. Single-family curbside $ 31.19 per month*
b. Multi-family curbside (4 units or less) $ 31.19 per month*
c. Multi-family curbside (more than 4 units) $ 18.68 per month*
d. Special medical Per Contract
e. Container rentals Per Contract
f. Commercial services Per Contract
*Cost includes 5% administrative charge
Page 76
Resolution No. 2023-024
EXHIBIT “D”
TOWN OF HIGHLAND BEACH
SCHEDULE OF FEES
EFFECTIVE 05/01/2024 – 09/30/2024
May go into effect earlier if Fire Rescue Department goes live prior to May, 1 2024.
I. EMERGENCY MEDICAL SERVICES TRANSPORT FEES
a. Basic Life Support $650.00
b. Advanced Life Support 1 $685.00
c. Advanced Life Support 2 $770.00
d. Mileage $12.00/mile
II. SCHEDULE OF FIRE INSPECTIONS
There are no fees for Required Florida Fire Prevention Code Annual Fire inspections.
a. Ambulatory Health Care Annual
b. Apartments/Condominiums (3-6 units with common area) Annual
No fire protection equipment systems
c. Apartments/Condominiums (3-6 units without common area) Annual
No fire protection equipment systems
d. Apartments/Condominiums (7 units or more) Annual
e. Apartments/Condominiums with Fire Protection Annual
Equipment Systems
f. Assembly/Restaurants Annual
g. Business – Shell Annual
h. Fire Pump Inspection Annual
i. Gate Inspections per access point Annual
j. Hotel Dormitories Annual
k. Lodging or Rooming Houses Annual
l. Storage/Parking Annual
III. CUSTOMER REQUESTED PERMIT FEES
a. Temporary Structures (Tents) $150.00
b. Flow Test $350.00
c. Bonfire Permit (Beach) $300.00
d. Pyrotechnics/Fireworks $250.00
e. Fire Watch $125.00 per hour (min 4 hours min fee $500)
f. Special Event $150 per hour (2-hour min)
$50.00 per hour over 2 hours
(fees are per staff member)
IV. NEW AND EXISTING CONSTRUCTION FEES
a. Plans and Inspections $100 on Cost of Construction up to $20,000
b. Plans and Inspections 0.5% on Total Construction Cost Above $20,000
Page 77
Resolution No. 2023-024
c. Penalty for Work commencing prior to plan review/approval 2.5 times permit fees
d. Customer Requested After Hours Inspections $125.00 per visit per hour
(min. 2 hours)
V. FIRE ALARMS FEES
a. False Alarm for Non-Registered System All false alarms fiscal year $200R-$1,000C
b. False Alarms for Registered System No Charge for false alarms 1-3 fiscal year
4th false alarm fiscal year $75
5th false alarm fiscal year $100
6th false alarm fiscal year $150
7th or more false alarm fiscal year $200/call
c. Alarm Registration $35.00
d. Renewals/Updates $10.00
Page 78
File Attachments for Item:
D. Discussion on past charter amendments and upcoming referendum questions.
1. Town Attorney Memorandum regarding Canvassing Board
Page 79
TOWN OF HIGHLAND BEACH
AGENDA MEMORANDUM
MEETING TYPE: Town Commission Meeting
MEETING DATE September 5, 2023
SUBMITTED BY: Town Manager’s Office
SUBJECT: Discussion on past charter amendments and upcoming referendum
questions.
SUMMARY:
Vice Mayor Stern has requested a Commission discussion of past charter amendment and
any potential future referendum questions.
History:
In 2022, the Town’s Charter Review Board conducted a thorough review of the Town’s
Charter, resulting in a recommendation to the Commission to ask the electorate to vote on
charter amendments by way of referendum questions. On the March 2022 ballot , five (5)
referendum questions were proposed to the voters. Of the five questions, four (4) were
ultimately voted against by the electorate.
The five charter questions were:
1. SHALL THE TOWN OF HIGHLAND BEACH AMEND ITS CHARTER TO ADOPT
SECTION 2.01(31) TO PROVIDE THAT THE TOWN MAY NOT TRANFER CONTROL,
ABOLISH, MERGE WITH, OR SELL THE SERVICES OF FIRE RESCUE, POLICE OR
WATER UNLESS APPROVED BY A REFERENDUM VOTE OF THE ELECTORATE?
2. TO RECOGNIZE THE GROWTH OF COSTS AND SUPPORT THE DELIVERY OF
TOWN SERVICES, INCLUDING ITEMS LIKE THE WATER TREATMENT PLANT,
LIBRARY, POLICE, AND FIRE RESCUE, SHALL THE TOWN OF HIGHLAND BEACH
AMEND ITS CHARTER AT SECTION 2.01(30) TO PROVIDE THAT THE FUNDING
LIMITS BE INCREASED FROM THE CURRENT LIMIT OF $350,000, WHICH WAS
ESTABLISHED IN 1991, TO FIVE PERCENT (5%) OF THE TOWN'S TOTAL ANNUAL
BUDGET?
3. SHALL THE TOWN OF HIGHLAND BEACH AMEND ITS CHARTER SECTION 3.02 (1)
TO AUTHORIZE THE MANAGER AND FINANCE DIRECTOR SIGN CHECKS AND
PAY LAWFUL DEBTS; AUTHORIZE A MEMBER OF THE COMMISSION TO SIGN IN
THE ABSENCE OF THE MANAGER OR FINANCE DIRECTOR OR TWO
Page 80
COMMISSIONERS TO SIGN IN THE ABSENCE OF BOTH THE TOWN MANAGER
AND FINANCE DIRECTOR?
4. SHALL THE TOWN OF HIGHLAND BEACH AMEND ITS CHARTER AT SECTION
1.06(3) TO PROVIDE THAT NO PERSON MAY SERVE MORE THAN THREE
CONSECUTIVE FULL TERMS IN ANY ONE OFFICE; NOR SERVE MORE THAN
TWELVE CONSECUTIVE YEARS AS A TOWN ELECTED OFFICIAL?
5. SHALL THE TOWN OF HIGHLAND BEACH AMEND ITS CHARTER AT SECTION
3.05 TO PROVIDE THAT THE SALARIES OF THE TOWN COMMISSIONERS AND
MAYOR MAY BE DETERMINED BY ORDINANCE BUT SHALL NOT BE INCREASED
BY MORE THAN FIVE (5%) IN ANY GIVEN YEAR?
Besides redressing the past charter questions, the Town Manager’s Office suggests that the
Commission should also consider charter questions related for capital projects such as the
rehabilitation of the old fire station, Town wide sewer lining project, and the rehabilitation of lift
stations as well as other charter amendments such as the canvassing board change.
It is important to keep in mind if the Commission decides to include referendum questions on
the March election ballot, there must be two reads of an ordinance approving th e final
language. This language must be submitted to the Supervisor of Election’s (SOE) office no
later than Friday, December 15, 2023. Please note, this date is subject to change per the SOE.
FISCAL IMPACT:
N/A
ATTACHMENTS:
N/A
RECOMMENDATION:
Commission discussion.
Page 81
Page 1 of 2
MEMORANDUM
TO: Mayor Natasha Moore
Vice Mayor David Stern
Members of the Town Commission
FROM: Leonard G. Rubin, Town Attorney
RE: Transfer of Canvassing Duties to Palm Beach County
DATE: August 31, 2023
CC: Marshall Labadie, Town Manager
Lanelda Gaskins, Town Clerk
Background:
At its August 15, 2023 meeting, the Town Commission discussed eliminating the Town’s
Canvassing Board and transferring such duties to the Palm Beach County Canvassing
Board. Section 1.06(7) of the Town Charter currently requires that the Town Clerk (or
designee), the Supervisor of Elections, and one Commissioner appointed by the Town
Commission (whose seat is not scheduled to be voted upon) serve as the Town’s
Canvassing Board. As discussed by the Town Clerk, the Supervisor of Elections has
expressed reluctance to serve as a member of a municipal canvassing board.
Additionally, most municipalities have abandoned their individual canvassing boards and
utilize the County Canvassing Board, which consists of the Supervisor of Elections, a
member of the County Commission, and a County Court judge, who serves as chair. The
Commission questioned the method by which the Town could eliminate its own
Canvassing Board and assign such duties to the County Canvassing Board.
Discussion and Recommendation:
Prior to 2014, Section 1.06(7) of the Town Charter provided that “[w]ithin seven (7) days
after any election or referendum, the Commission shall meet publicly and canvass the
returns and certify the results.” In 2014, the Town Commission adopted an Ordinance
revising Section 1.06(7) of the Town Charter to create the Town’s Canvassing Board and
submitted the proposed revision to referendum vote. Florida law is well settled that when
a Charter provision is adopted by referendum vote, it may only be amended by
referendum vote. See Attorney General Opinion 97-53 (city commission may not
delegate its canvassing board duties, as prescribed by the city charter, to a consolidated
countywide municipal canvassing board, absent an amendment to the city’s existing
charter by referendum approval of the city’s electorate).
Page 82
Page 2 of 2
Section 163.031, Florida Statutes, requires referendum approval for revisions to
municipal charters, subject to certain exceptions that do not apply here. While Section
101.75(3), Florida Statutes, allows a municipality to chan ge the date of its municipal
election to a date concurrent with any statewide or countywide election notwithstanding
any charter provision to the contrary, there is no statutory provision that would allow the
Town Commission to amend the Town Charter to eliminate the Town Canvassing Board
in favor of the County Canvassing Board by ordinance. In order to effectuate this change,
the Town Commission would be required to follow the procedures outlined in Section
163.031, Florida Statutes, namely the adoption of an ordinance effectuating the change,
subject to referendum vote of the Town’s electors. This is the same process the Town
followed in 2014.
Should you have any questions relative to the foregoing, please do not hesitate to contact
me.
Page 83