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2023.10.03_TC_Agenda_Regular1 TOWN OF HIGHLAND BEACH TOWN COMMISSION MEETING AGENDA Tuesday, October 03, 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. 2023-028 A Resolution of the Town Commission of the Town of Highland Beach, Florida, recognizing and commending Father D. Brian Horgan for his 25th Anniversary of priestly ordination. B. Resolution No. 2023-027 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 Planning Board; and providing for an effective date. 6. PUBLIC COMMENTS Page 1 Town Commission Meeting Agenda October 03, 2023 2 Public Comments will be limited to five (5) minutes per speaker. 7. ANNOUNCEMENTS Board Vacancies Board of Adjustment and Appeals Two (2) vacancies, for a three-year terms and One (1) vacancy for an unexpired term ending September 21, 2024 Planning Board One (1) upcoming vacancy for an unexpired term ending September 2025 Meetings and Events October 09, 2023 Town Hall Closed in observance of Columbus Day October 10, 2023 1:00 P.M. Code Enforcement Board Regular Meeting October 12, 2023 9:30 A.M. Planning Board Regular Meeting October 17, 2023 1:30 P.M. Town Commission 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. Proposed Ordinance An Ordinance of the Town Commission of the Town of Highland Beach, Florida, amending the code of ordinances, at Chapter 33 "Acquisition of Goods and Services, "Section 33-2 “Methods of Acquisition"; Amending Section 33-3 “Town Commission Approval"; and for other purposes; providing for the repeal of all ordinances in conflict, codification, severability, and an effective date. 9. CONSENT AGENDA (These are items that the Commission typically does not need to discuss individually, and which are voted on as a group.) Public Comments will be limited to three (3) minutes per speaker per item after Commission initial discussion. A. Approval of Meeting Minutes September 19, 2023 Town Commission Meeting Minutes Page 2 Town Commission Meeting Agenda October 03, 2023 3 September 21, 2023 Town Commission Second Public Hearing Budget Meeting Minutes B. Approve and authorize the Town Clerk to execute a Contract for Election Day between the Wendy Sartory Link Palm Beach County Supervisor of Elections and the Town of Highland Beach to use the Highland Beach Library Community Room as a polling location for the Presidential Preference Primary Election, Tuesday, March 14, 2024 and the Municipal Election, the Primary Election, Tuesday, August 20, 2024, and the General Election, Tuesday, November 5, 2024. 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 C. Building Department Recertification Program Update D. Continued discussion on proposed referendum questions for the March 2024 election. 1. Referendum No. 1: Ballot title. The ballot title which is the subject of this Referendum shall be captioned as “Financing and Implementation of Sanitary Sewer Lining Project” Ballot summary. The ballot summary of the proposed Charter amendment shall be: SHALL THE TOWN OF HIGHLAND BEACH UNDERTAKE AND FUND A TOWNW IDE SANITARY SEWER LINING PROJECT FOR COST NOT EXCEEDING $3,500,000 AND ISSUE BONDS NOT EXCEEDING SUCH AMOUNT, IN ONE OR MORE SERIES, BEARING INTEREST NOT EXCEEDING THE MAXIMUM LEGAL RATE, MATURING NOT LATER THAN ___ YEARS FROM ISSUANCE, PLEDGING THE TOWN’S FULL FAITH AND CREDIT AND AD VALOREM REVENUES COLLECTED TO PAY SUCH BONDS, ALL AS DESCRIBED IN RESOLUTION NUMBER _____? 2. Referendum No. 2: Ballot title. The ballot title which is the subject of this Referendum, and by which the proposed Charter Amendment is to be commonly referred to or spoken of, shall be captioned as “Funding Limitation.” Page 3 Town Commission Meeting Agenda October 03, 2023 4 Ballot summary. The ballot summary of the proposed Charter amendment shall be: SHALL THE FUNDING LIMITATION OF $350,000, SET FORTH IN THE TOWN OF HIGHLAND BEACH CHARTER AT SECTION 2.01(30), BE ADJUSTED TO $900,000 TO ACCOUNT FOR THE PAST 32 YEARS OF INFLATION AND BE ADJUSTED ANNUALLY THEREAFTER ON JUNE 1ST (BEGINNING IN 2025) IN ACCORDANCE WITH THE REGIONAL CONSUMER PRICE INDEX (METROPOLITAN STATISTICAL AREA)? 3. Referendum No. 3: Ballot title. The ballot title which is the subject of this Referendum, and by which the proposed Charter Amendment is to be commonly referred to or spoken of, shall be captioned as “Repurposing of Town’s Old Fire Station for Shared Use by Community and Fire Rescue Department.” Ballot summary. The ballot summary of the proposed Charter amendment shall be: SHALL THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH BE AUTHORIZED TO FINANCE AND IMPLEMENT THE DEMOLITION AND REPURPOSING OF THE TOWN’S OLD FIRE STATION FOR SHARED USE BY THE COMMUNITY AS A MULTIPURPOSE EVENT SPACE AND BY THE TOWN’S FIRE RESCUE DEPARTMENT FOR A NOT TO EXCEED COST OF $1 MILLION DOLLARS? 4. Referendum No. 4: Ballot title. The ballot title which is the subject of this Referendum, and by which the proposed Charter Amendment is to be commonly referred to or spoken of, shall be captioned as “Use of Countywide Palm Beach County Canvassing Board .” Ballot summary. The ballot summary of the proposed Charter amendment shall be: SHALL THE TOWN OF HIGHLAND BEACH AMEND ITS CHARTER AT SECTIONS 1.06(7) AND 1.06(8) TO DELEGATE CANVASSING DUTIES TO THE COUNTYWIDE CANVASSING BOARD FOR MORE EFFICIENTLY RUN MUNICIPAL ELECTIONS? 5. Referendum No. 5: Page 4 Town Commission Meeting Agenda October 03, 2023 5 Ballot title. The ballot title which is the subject of this Referendum, and by which the proposed Charter Amendment is to be commonly referred to or spoken of, shall be captioned as “Adjustment of Salaries for Town Mayor and Commissioners.” Ballot summary. The ballot summary of the proposed Charter amendment shall be: SHALL THE TOWN OF HIGHLAND BEACH AMEND ITS CHARTER AT SECTION 3.05 TO PROVIDE THAT, COMMENCING JUNE 1, 2024, THE SALARIES OF THE MAYOR AND COMMISSIONERS SHALL BE ADJUSTED TO ACCOUNT FOR THE PAST 20 YEARS OF INFLATION TO $2,290 PER MONTH FOR THE MAYOR AND $1,832 FOR EACH COMMISSIONER, AND, THEREAFTER, BE ADJUSTED ANNUALLY ON JUNE 1ST IN ACCORDANCE WITH THE REGIONAL CONSUMER PRICE INDEX (METROPOLITAN STATISTICAL AREA)? 11. NEW BUSINESS (Public Comments will be limited to three (3) minutes per speaker per item after Town Commission initial discussion.) A. Approve and authorize the second draw on the Synovus Bank Loan in the amount of $4,997,900 as forecasted, planned and budget for fiscal year 2023 -2024 to complete the construction phase of the Fire Rescue project, and authorize the Town staff to execute the certificate relevant to the draw. B. Resolution No. 2023-029 A Resolution of the Town Commission of the Town of Highland Beach, Florida, expressing support for the extension and continuation of the Palm Beach County One-Cent Sales Tax to fund local infrastructure projects through December 31, 2036; providing an effective date; and for other purposes. 12. TOWN COMMISSION COMMENTS Commissioner Judith M. Goldberg Commissioner Donald Peters Commissioner Evalyn David Vice Mayor David Stern Mayor Natasha Moore Page 5 Town Commission Meeting Agenda October 03, 2023 6 13. TOWN ATTORNEY’S REPORT 14. TOWN MANAGER’S REPORT 1. Engagement of a Fiduciary Advisor to evaluate the Town's retirement plan options. 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 assistanc e. Page 6 File Attachments for Item: A. Resolution No. 2023-028 A Resolution of the Town Commission of the Town of Highland Beach, Florida, recognizing and commending Father D. Brian Horgan for his 25th Anniversary of priestly ordination. Page 7 RESOLUTION NO. 2023-028 A RESOLUTION OF THE TOWN COMMISSION OF HIGHLAND BEACH, FLORIDA, RECOGNIZING AND COMMENDING FATHER D. BRIAN HORGAN FOR HIS 25TH ANNIVERSARY OF PRIESTLY ORDINATION. WHEREAS, the members of the Town of Highland Beach gather today to commemorate a significant milestone in the life and ministry of Father D. Brian Horgan; WHEREAS, Father D. Brian Horgan was ordained to the Holy Priesthood on June 13, 1998, and has since dedicated his life to serving the spiritual needs of the community with unwavering devotion, faithfulness, and compassion; WHEREAS, prior to becoming pastor at St. Lucy Catholic Church, Father Horgan accomplished a number of academic achievements; earning a Bachelor and Master’s degree in Arts, and a Master of Divinity; WHEREAS, after receiving various degrees, Father D. Brian Horgan joined the U.S. Air Force and attended Officer Candidate School becoming a commissioned officer providing support to members of all armed services; WHEREAS, Father D. Brian Horgan continued his commitment to learning by earning Master’s degree in Criminal Justice, a Master’s degree in Social Work, a Doctorate degree in Philosophy, a Doctorate degree in Psychology and Psychology, while also rising to the rank of Major while in the Air Force; WHEREAS, throughout the past twenty-five years, Father D. Brian Horgan has been a source of inspiration, guidance, and spiritual nourishment to all members of St. Lucy’s Catholic Church, fostering spiritual growth, unity, and a deep sense of community; WHEREAS, Father D. Brian Horgan has not only celebrated the Sacraments with great reverence but has also shown a remarkable commitment to pastoral care, providing solace, comfort, and support to those in times of need, and offering counsel and guidance to those seeking spiritual direction; WHEREAS, Father D. Brian Horgan has tirelessly worked towards strengthening the bonds of love and fellowship, promoting inclusivity and understanding among the community; WHEREAS, his sermons, homilies, and teachings have consistently been a source of enlightenment, fostering a deeper understanding of faith, and inspiration to live lives of purpose and virtue; Page 8 Resolution No. 2023-008 WHEREAS, Father D. Brian Horgan has, by his exemplary life and ministry, shown a path of faith, hope, and love, and has been a living embodiment of the values he has preached; WHEREAS, Father D. Brian Horgan has been a beloved member of our community, not only as our spiritual leader but also as a friend, counselor, and confidant to many, sharing in joys and sorrows, and always being a source of strength; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AS FOLLOWS: BE IT FURTHER RESOLVED that the Town of Highland Beach does hereby extend its heartfelt congratulations and deepest gratitude to Father D. Brian Horgan on the occasion of his 25th Anniversary of Priestly Ordination; 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 Don Peters Commissioner Judith Goldberg Page 9 File Attachments for Item: B. Resolution No. 2023-027 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 Planning Board; and providing for an effective date. Page 10 TOWN OF HIGHLAND BEACH AGENDA MEMORANDUM MEETING TYPE: Commission Meeting MEETING DATE October 03, 2023 SUBMITTED BY: Jaclyn DeHart, Deputy Town Clerk THROUGH Lanelda Gaskins, Town Clerk SUBJECT: Resolution No. 2023-027 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 Planning Board; and providing for an effective date. SUMMARY: Consideration of Resolution No. 2023-027 ratifying the selection, appointments, and term of office of members of the Planning Board; and providing for an effective date. On September 01, 2020, the Town Commission appointed Ilyne Mendelson to the Planning Board to serve a three-year term and is seeking to serve a full three-year term ending October 02, 2026. To conclude, Ms. Mendelson has met the qualifications for reappointment that a person shall be a resident of the Town domiciled within the corporate limits and has been a registered voter of Highland Beach for a year at least one year prior to reappointment. These results were corroborated by records from the Palm Beach County Property Appraiser and the Palm Beach County Supervisor of Elections Offices websites. FISCAL IMPACT: N/A ATTACHMENTS: Board Application of Ilyne Mendelson Resolution No. 2023-027 RECOMMENDATION: With the Commission’s consideration, Staff recommends the adoption of Resolution No. 2023- 027 for the applicants to serve the following terms:  A three-year term ending October 02, 2026 Page 11 RESOLUTION NO. 2023-027 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 PLANNING BOARD; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 20, Article II, Sec. 20-26 of the Town’s Code of Ordinances establishes the Planning Board and governs the membership, qualification, function, and rules of the Code Enforcement Board; and WHEREAS, these provisions of the Code establish the selection, appointment, and terms of office of members of the Planning Board; and WHEREAS, on September 01, 2020, Ilyne Mendelson was appointed by Town Commission to fill a three-year term ending August 31, 2023, and is eligible for reappointment for a three-year term; 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 Planning Board interviewed the applicants and recommends that the Town Commission appoint one applicant to the Board; and WHEREAS, Town residents interested in serving on or continuing to serve on the Planning 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: Page 12 Resolution No. 2023-027 2 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 Planning Board for a full three-year term expiring October 02, 2026, as follows: Board Member Ilyne Mendelson Section 3. This Resolution shall become effective upon adoption. DONE AND ADOPTED by the Town Commission of the Town of Highland Beach, Florida, this 3rd day of October 2023. Natasha Moore, Mayor ATTEST: REVIEWED FOR LEGAL SUFFICIENCY: Lanelda Gaskins, MMC Glen Torcivia Town Clerk Town Attorney VOTES: YES NO Mayor Natasha Moore Vice Mayor David Stern Commissioner Evalyn David Commissioner Donald Peters Commissioner Judith Goldberg Page 13 Page 14 Page 15 Page 16 Page 17 File Attachments for Item: A. Proposed Ordinance An Ordinance of the Town Commission of the Town of Highland Beach, Florida, amending the code of ordinances, at Chapter 33 "Acquisition of Goods and Services, "Section 33-2 “Methods of Acquisition"; Amending Section 33-3 “Town Commission Approval"; and for other purposes; providing for the repeal of all ordinances in conflict, codification, severability, and an effective date. Page 18 TOWN OF HIGHLAND BEACH AGENDA MEMORANDUM MEETING TYPE: Town Commission Meeting MEETING DATE 10/3/2023 SUBMITTED BY: Eric Marmer, HR and Risk Management Director SUBJECT: First Read of New Purchasing Policy Ordinance SUMMARY: Based on a thorough assessment of the current purchasing procedures and in consideration of best practices in procurement, the proposed changes will help enhance efficiency and accountability in the purchasing process. Additionally, it will promote fair competition among suppliers. By implementing these changes, the Town will be able to obtain competitive pricing, ensure proper vendor selection, and protect public funds. The policy will provide clear guidelines for staff and vendors, facilitating smoother procurement transact ions while adhering to legal and ethical standards. The proposed policy has been carefully reviewed and is consistent with other municipalities' procurement practices. It has also been developed in consultation with relevant stakeholders, including the Finance Department, legal counsel, and purchasing professionals. 7/27/23 Staff Analysis: On July 27th, 2023, the revised Purchasing Policy was presented to the Financial Advisory Board for initial review and discussion. The Board gave their recommendation t hat the revised Policy be presented to the Town Commission for approval and adoption with no adjustments to be made. 9/19/23 Staff Analysis: On September 19th, 2023, the revised Purchasing Policy was presented to the Town Commission for final review and discussion before submitting the ordinance to adopt it. The Town Commission unanimously approved the Policy with no adjustments to be made. Page 19 FISCAL IMPACT: N/A ATTACHMENTS: New Ordinance to adopt Purchasing Policy RECOMMENDATION: First read of Ordinance Page 20 TOWN OF HIGHLAND BEACH ORDINANCE NO 23-___ AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES, AT CHAPTER 33 “ACQUISITION OF GOODS AND SERVICES,” SECTION 33-2 “METHODS OF ACQUISITION”; AMENDING SECTION 33-3 “TOWN COMMISSION APPROVAL”; AND FOR OTHER PURPOSES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the Town of Highland Beach, Florida (the “Town”), is a duly constituted municipality having such power and authority conferred upon it by the Florida Constitution and Chapter 166, Florida Statutes; and WHEREAS, the Town Commission wishes to update Chapter 33 “Acquisition of Goods and Services” to be consistent with updates made to the Town’s Purchasing Policy and Procedures; and WHEREAS, it has been determined that this ordinance serves a public purpose and is in the best interest of the public health, safety, and welfare of the Town of Highland Beach. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AS FOLLOWS: Section 1. The foregoing facts and recitations contained in the preamble to this Ordinance are hereby adopted and incorporated by reference as if fully set forth herein. Section 2. The Town of Highland Beach Code of Ordinances, is hereby amended at Chapter 33, “Acquisition of Goods and Services,” to read as follows: Chapter 33 – ACQUISITION OF GOODS AND SERVICES * * * Sec. 33-2. – Methods of acquisition. (a) Sealed competitive method. Acquisitions of or contracts for non -real property, goods or services where the expenditure by the town (including expenditures during renewal periods, but not expenditures relating to change orders) is estimated to be twenty-five thousand dollars ($25,000.00) or greater than fifty thousand dollars ($50,000.00) shall be subject to a sealed competitive method, unless the town utilizes one of the methods that Page 21 ORDINANCE No. 23-____ 2 is exempt from the sealed competitive method or from obtaining quotes, as provided in subsection 33-2(c). (1) Competitive bids. Sealed competitive bids are utilized where price, responsiveness, and responsibility are the sole determining factors. (2) Requests for proposals, requests for qualifications, requests for letters of interest. Requests for proposals, requests for qualifications, and requests for letters of interest are utilized where price, responsiveness, and responsibility are not the sole determining factors. The town manager may appoint a selection committee to review the submissions received by the town in response to requests for proposals, requests for qualifications, and requests for letters of interest and make a recommendation to the town commission. The selection committee shall terminate upon the award of the contract, or such other time as determined by the town commission. (3) Submissions. It shall be the sole responsibility of the bidder, proposer or responder to have the bid, proposal or response delivered before the specified closing date and time. Bids, proposals or responses received after the closing date and time shall not be considered and shall be returned unopened. The clock in the town clerk's office shall govern. All bids, proposals and responses submitted pursuant to a sealed competitive method shall remain sealed until they are opened publicly on the date and time and location stated in the notice to bidders, proposers or responders, or as may be amended by addendum. (4) Town's reservation of rights. The town may utilize a sealed competitive method for any acquisition that the town deems appropriate regardless of the estimated cost of the acquisition. Until final award of contract, the town reserves the right to waive any informality or irregularity and to reject all bids, proposals and responses, with or without cause. (b) Purchasing policy. Acquisitions equal to or less than fifty thousand dollars ($50,000.00) under twenty-five thousand dollars ($25,000.00) shall be governed by the town's purchasing policy. (c) Exemptions from purchasing by the sealed competitive method or by obtaining a written quote. Page 22 ORDINANCE No. 23-____ 3 (1) Professional services. Except as otherwise provided for in Florida law, contracts for professional services (which include but is not limited to services provided by architects, engineers, surveyors, attorneys, accountants, actuaries, lobbyists and financial advisor s) may be made or entered into by the town manager without utilizing a sealed competitive method or obtaining written quotes. Acquisitions of professional services where the expenditure by the town (including expenditures during renewal periods, but not ex penditures relating to change orders) is estimated to be twenty-five thousand dollars ($25,000.00) or greater than fifty thousand dollars ($50,000.00) shall be subject to approval by the town commission. (2) Specialty goods and services. Acquisitions of or contracts for specialty goods and services (including but not limited to performing artists, artwork, special events, entertainment, and food and beverage) may be made or entered into by the town manager without utilizing a sealed compe titive method or obtaining written quotes. Acquisitions of specialty goods and services, where the expenditure by the town is estimated to be twenty-five thousand dollars ($25,000) or greater than fifty thousand dollars ($50,000.00), shall be subject to ap proval by the town commission. (3) Emergency acquisitions. The town manager may acquire or contract for non - real property, goods, or services required in contemplation of, preparation for, or during an emergency without utilizing a sealed competitive metho d or obtaining written quotes regardless of the amount. Emergency acquisitions of non -real property, goods or services where the expenditure by the town is estimated to be twenty-five thousand dollars ($25,000.00) or greater than fifty thousand dollars ($50,000.00) shall be subject to ratification by the town commission as soon as practicable. (4) Sole source and town standard. a. Sole source. The town may acquire or contract for non -real property, goods or services that are available to the town from only one source without utilizing the sealed competitive method or obtaining written quotes. Sole source acquisitions where the expenditure by th e town Page 23 ORDINANCE No. 23-____ 4 (including expenditures during renewal periods, but not expenditures relating to change orders) is estimated to be twenty-five thousand dollars ($25,000.00) or greater than fifty thousand dollars ($50,000.00) shall be subject to approval by the town commission. b. Town standard. Where the town has determined that a particular style, brand, make, or model is the only type that meets the town's requirements for performance, consistency, compatibility or other salient characteristics, and such determina tion has resulted in there being only one source available to the town, the town may acquire or contract for such goods without utilizing a sealed competitive method or obtaining written quotes. Town standard acquisitions where the expenditure by the town (including expenditures during renewal periods, but not expenditures relating to change orders) is estimated to be twenty-five thousand dollars ($25,000.00) or greater than fifty thousand dollars ($50,000.00) shall be subject to approval by the town commis sion. (5) Utilization of other governmental entities' contracts. a. The town may acquire or contract for non -real property, goods or services without utilizing a sealed competitive method or obtaining written quotes where the desired goods or services are the subject of a contract with the state, its political subdivisions or other local governmental entities in the state, with associations in Florida affiliated with state and/or local governmental entities or departments (such as the Florida Sheriffs' Association and the Florida Fire Chiefs' Association) or with the United States government or national cooperatives, provided that the contract is based strictly on competitive bidding and not on any preference, and provided that the form of the contract is acceptable to the town attorney. Acquisitions utilizing other governme ntal entities' contracts where the expenditure by the town (including expenditures during renewal periods, but not expenditures relating to change orders) is estimated to be twenty-five thousand dollars ($25,000.00) or greater than Page 24 ORDINANCE No. 23-____ 5 fifty thousand dollars ($50,000.00) shall be subject to approval by the town commission. b. Utilization of other government entities' contracts shall only be permitted during the term of the other governmental entity's contract or for one year from the date the other governmental entity awards the bid, whichever is longer. c. If the town desires to utilize another governmental entity's contract, the town shall require the vendor to certify that the price or rate represents the lowest price or rate for the non -real property, goods or services of any contract between the vendor and any other governmental entity within the state. (6) Cooperative acquisitions. The town may acquire or contract for non -real property, goods or services without utilizing a sealed competitive method or obtaining written quotes where the town participates in joint procurement of non - real property, goods or services with other public entities within the state, including, but not limited to acquisitions made pursuant to interlocal agreements entered into with o ther governmental entities in accordance with F.S. Ch. 163. Cooperative acquisitions where the expenditure by the town (including expenditures during renewal periods, but not expenditures relating to change orders) is estimated to be twenty-five thousand dollars ($25,000.00) or greater than fifty thousand dollars ($50,000.00) shall be subject to approval by the town commission. (7) Utilities. Water, sewer, gas, electrical, and other utility services may be acquired without utilizing a sealed competitive met hod or obtaining written quotes and without town commission approval. (8) Resale. Food, beverages and merchandise purchased for resale, may be acquired without utilizing a sealed competitive method or obtaining written quotes and without town commission ap proval. (9) Employee benefits and health services. Employee benefits and health related services may be procured/renewed directly through a negotiating process Page 25 ORDINANCE No. 23-____ 6 conducted by town staff and/or an expert in the field, or to maintain continuity of employee-health records, and is not subject to competitive procurement methods. (10) Property, casualty, workers compensation, liability, automobile insurance. Insurance may be procured/renewed directly through a negotiating process conducted by town staff and/or an e xpert in the field, or to maintain continuity of insurance records, and is not subject to competitive procurement methods. (11) Best interest acquisitions. The town may acquire or contract for non -real property, goods or services without utilizing a sealed competitive method or obtaining written quotes where the town commission declares by at least a four - fifths (⅘) affirmative vote that the sealed competitive method or obtaining written quotes is not in the best interest of the town. The town commission sh all make specific factual findings that support its determination, and such contracts shall be placed on the regular town commission agenda. This provision may not be used when the purchasing or procurement method is prescribed by state law, such as F.S. § 287.055 or 255.20, as amended. Sec. 33-3. – Town commission approval. (a) Acquisitions of twenty-five thousand dollars ($25,000.00) or greater than fifty thousand dollars ($50,000.00). Except as otherwise set forth in the Code, Aacquisitions of or contracts for non -real property, goods or services where the expenditure by the town (including expenditures during renewal periods, but not expenditures relating to change orders) is estimated to be twenty-five thousand dollars ($25,000.00) or greater than fifty thousand dollars ($50,000.00) shall be subject to prior approval by the town commission , except for emergency acquisitions, which are subject to subsequent ratification by the town commission pursuant to subsection 33-2(c)(3). (b) Multiple acquisitions from a vendor exceeding twenty-fivefifty thousand dollars ($2550,000.00) in any fiscal year. Acquisitions of or contracts for non -real property, goods or services from the same vendor exceeding the aggregate sum of twenty-five fifty thousand dollars ($2550,000.00), per project, shall not be permitted from the same vendor Page 26 ORDINANCE No. 23-____ 7 during the course of any fiscal year, unless the acquisition is first approved by the town commission. This subsection shall not apply to utility acquisitions. * * * Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Repeal of Laws in Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 5. Codification. Section 2 of the Ordinance may be made a part of the Town Code of Ordinances and may be re-numbered or re-lettered to accomplish such, and the word “ordinance” may be changed to “section,” “division,” or any other appropriate word. Section 6. Effective Date. This Ordinance shall be effective immediately upon adoption at second reading. The foregoing Ordinance was moved by __________________________________, seconded by ________________________________ and upon being put to the vote, the vote was as follows: VOTES: YES NO Mayor Natasha Moore Vice Mayor David Stern Commissioner Evalyn David Commissioner Donald Peters Commissioner Judith M. Goldberg PASSED on first reading at the Regular Commission meeting held on this _____ day of _________________, 2023. The foregoing Ordinance was moved by _________________________________, seconded by ________________________________ and upon being put to the vote, the vote was as follows: VOTES: YES NO Mayor Natasha Moore Vice Mayor David Stern Commissioner Evalyn David Commissioner Donald Peters Page 27 ORDINANCE No. 23-____ 8 Commissioner Judith M. Goldberg PASSED AND ADOPTED on second and final reading at the Regular Commission meeting held on 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 Page 28 File Attachments for Item: A. Approval of Meeting Minutes September 19, 2023 Town Commission Meeting Minutes September 21, 2023 Town Commission Second Public Hearing Budget Meeting Minutes Page 29 TOWN OF HIGHLAND BEACH TOWN COMMISSION MEETING MINUTES LIBRARY COMMUNITY ROOM 3618 S. OCEAN BLVD. HIGHLAND BEACH, FL Date: September 19, 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 Evalyn David Vice Mayor David Stern Mayor Natasha Moore Town Manager Marshall Labadie Town Attorney Glen Torcivia Town Clerk Lanelda Gaskins ABSENT Commissioner Donald Peters 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 4 to 0. 5. PRESENTATIONS / PROCLAMATIONS A. Resolution No. 2023-026 A Resolution of the Town Commission of the Town of Highland Beach, Florida, recognizing and commending Leland "Butch" Harpel for thirty years of service to the Town of Highland Beach. Mayor Moore read the title of Resolution No. 2023-026. Page 30 Town Commission Meeting Minutes Date: September 19, 2023 Page 2 of 11 MOTION: David/Goldberg – Moved to approve Resolution No. 2023-026 which passed unanimously 4 to 0. B. Palm Beach County Coastal Management Presentation Mayor Moore read the title of Item 5.B. Andy Studt, Palm Beach County Environmental Resources, provided a PowerPoint presentation highlighting present and future challenges, countywide beaches funding, public accessibility, and environmental considerations. Discussion ensued about sand dredging, changes in the length of the beach over time and dune restoration. 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, for a three-year term One (1) vacancy for an unexpired term ending September 21, 2024 Planning Board One (1) upcoming vacancy for an unexpired term ending September 2025 Meetings and Events 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 October 03, 2023 1:30 PM Town Commission Meeting Board Action Report None. 8. ORDINANCES A. None. Page 31 Town Commission Meeting Minutes Date: September 19, 2023 Page 3 of 11 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. Approval of Meeting Minutes August 15, 2023 Town Commission Meeting September 05, 2023 Town Commission Meeting September 05, 2023 Town Commission Special First Public Hearing Budget Meeting MOTION: David/Stern – Moved to approve the Consent Agenda as presented, which passed unanimously 4 to 0. 10. UNFINISHED BUSINESS A. Fire Rescue Implementation Update Mayor Moore read the title of Item 10.A. Town Manager Labadie mentioned that the project is on schedule and on budget. Fire Chief Glenn Joseph provided an update on Fire Rescue Implementation as follows: Recruiting process: Three captain candidates are going through the background and employment background check. They are scheduling interviews for the firefighter drivers and expect to have 6 candidates. Paramedic Firefighters interviews will be in mid-October. They will interview 39 candidates. Hydrant testing will be on October 9th for Delray Beach ISO inspection in January 2024. Information will go out to residents. Fire Rescue Building construction is progressing, the second floor was poured, and they will be pouring for the beam on the bay side later on this week. The station should be covered by the end of October or early November. The Kaufman Lynn tradition is when they put the cover on the structure, they have a covering ceremony. There was a dialogue about a top-out ceremony in mid-October. However, Kaufmann Lynn does not have a definitive date at this point. Fire Chief Joseph will inform Town Manager Labadie when they have a date. Assistant Fire Chief Welhaf explained that Vice Mayor Stern contacted him and Fire Chief Joseph concerning smoke alarms in his building. Assistant Fire Chief Welhaf did research and he spoke about the Florida Fire Prevention Code as it pertains to smoke alarms. Page 32 Town Commission Meeting Minutes Date: September 19, 2023 Page 4 of 11 He attended a Fire Symposium last week and spoke about what he has learned in regard to lithium batteries in electric vehicles. He will be disbursing information to the community about electric scooters, etcetera. B. Florida Department of Transportation (FDOT) RRR Project Update Mayor Moore read the title of Item 10.B. Town Manager Labadie contacted Brad with FDOT and there are no additional updates. C. Building Department Recertification Program Update Mayor Moore read the title of Item 10.C. Building Official Jeffrey Remas provided an update on the Building Department Recertification Program as follows: Out of the 53 buildings one is complete, one has submitted all their reports and they are approved and moving forward. Four buildings have submitted partial information. Seven buildings have submitted everything, and they are being reviewed. He excluded two because they are currently undergoing restoration. Five buildings are moving forward with Code Compliance Cases. 13 Buildings (25%) have requested an extension and they were granted. 28% are within their due date and letters have been sent. He explained that phase one report is a visual, phase two report is done during the restoration and then at the end of the restoration they get closeout paperwork from the engineers. 11. NEW BUSINESS Town Manager Labadie asked the Town Commission if they would move Items 11.C. and 11.D. before Items 11.A. and 11. B. MOTION: David/Stern – Moved to amend the agenda (New Business), which passed unanimously 4 to 0. Page 33 Town Commission Meeting Minutes Date: September 19, 2023 Page 5 of 11 A. Consideration of a request for a Town of Highland Beach Right-of-Way (ROW) permit for the property located at 3521 South Ocean Boulevard. (Formally 11.C.) Mayor Moore read the title of Item 11.A. Town Planner Ingrid Allen presented this item. Mayor Moore opened the item for public comments and after hearing n one she closed public comments. MOTION: David/Stern – Moved to approve the Right-of-Way (ROW) permit for 3521 South Ocean Boulevard, which passed unanimously 4 to 0. B. Resolution No. 2023-016 / 3521 South Ocean Blvd. (Formally Item 11.D.) A Resolution of the Town Commission of the Town of Highland Beach, Florida, authorizing the Mayor to execute amendment number seven (7) of 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. (The actual resolution number is No. 2023-025) MOTION: David/Goldberg – Moved to approve Resolution No. 2023-025, which passed unanimously 4 to 0. C. Discussion on proposed referendum questions for the March 2024 election. (Formally Item 11.A.) Mayor Moore read the title of Item 11.C. Town Manager Labadie presented this item, followed by Town Commission discussions of the potential referendum ballot titles and summaries as follows: 1. Referendum No. 1: Ballot title. The ballot title, which is the subject of this Referendum shall be captioned as “Funding and Implementation of Sanitary Sewer Lining Project.” Ballot summary. The ballot summary of the proposed Charter amendment shal l be: SHALL THE TOWN OF HIGHLAND BEACH BE AUTHORIZED TO FINANCE AND IMPLEMENT A TOWN-WIDE SANITARY SEWER LINING PROJECT FOR A NOT TO EXCEED COST OF $3.5 MILLION DOLLARS TO HELP REPAIR AND PREVENT STRUCTURAL DAMAGES TO THE SEWER LINES? Page 34 Town Commission Meeting Minutes Date: September 19, 2023 Page 6 of 11 There was discussion about the sewers in Highland Beach and it was the suggestion of the Town Commission to reword the ballot language to read as follows. SHALL THE TOWN OF HIGHLAND BEACH BE AUTHORIZED TO FINANCE AND IMPLEMENT A TOWN-WIDE SANITARY SEWER LINING PROJECT TO REPAIR, REPLACE, AND PREVENT STRUCTURAL DAMAGE TO THE SEWER LINES FOR A NOT TO EXCEED COST OF $3.5 MILLION DOLLARS? The Town Commission agreed that this should be brought back for a first read of the ordinance. 2. Referendum No. 2: Ballot title. The ballot title, which is the subject of this Referendum, and by which the proposed Charter Amendment is to be commonly referred to or spoken of, shall be captioned as “Funding Limitation.” Ballot summary. The ballot summary of the proposed Charter amendment shall be: RECOGNIZING THE INCREASE IN THE COSTS OF MUNICIPAL OPERATIONS OVER THE LAST THIRTY YEARS, INCLUDING BUT NOT LIMITED TO THE MAINTENANCE OF PUBLIC STREETS, STORMWATER SYSTEMS, PARKS, AND SEWER SYSTEMS, SHALL THE TOWN OF HIGHLAND BEACH AMEND ITS CHARTER AT SECTION 2.01(30) TO AUTHORIZE AN INCREASE IN THE FUNDING LIMIT FROM $350,000 TO $____________________________ FOR TOWN PROJECTS AND THE EXTENSION OF TOWN SERVICES? The Town Commission discussed the wording of the question, number of projects, and the costs of inflation. The Town Commission agreed that the language should be as follows: SHALL THE FUNDING LIMITATION OF $ 350,000 SET FORTH IN THE CHARTER AT SECTION 2.01(30) BE ADJUSTED TO $900.000 TO ACCOUNT FOR THIRTY-TWO YEARS OF INFLATION AND ANNUALY INCREASED BASED ON THE REGIONAL CONSUMER PRICE INDEX. Finance Director David DiLena suggested including the MCPI language in the ordinance. The language will be brought back for a first read. Referendum No. 3: Ballot title. The ballot title, which is the subject of this Referendum, and by which the proposed Charter Amendment is to be commonly referred to or spoken of, shall be captioned as “Rehabilitation of Old Town Fire Station for Community Page 35 Town Commission Meeting Minutes Date: September 19, 2023 Page 7 of 11 Use.” Ballot summary. The ballot summary of the proposed Charter amendment shall be: SHALL THE TOWN OF HIGHLAND BEACH BE AUTHORIZED TO FINANCE AND IMPLEMENT THE REHABILITATION OF THE TOWN’S OLD FIRE STATION FOR USE AS AN OUTDOOR COMMUNITY AREA PROJECT AT A NOT TO EXCEED COST OF $1 MILLION DOLLARS? The Town Commission suggested removing the word "Outdoor" from the language title. Referendum No. 4: Ballot title. The ballot title, which is the subject of this Referendum, and by which the proposed Charter Amendment is to be commonl y referred to or spoken of, shall be captioned as “Use of Palm Beach County Countywide Canvassing Board.” Ballot summary. The ballot summary of the proposed Charter amendment shall be: SHALL THE TOWN OF HIGHLAND BEACH AMEND ITS CHARTER AT SECTIONS 1.06(7) AND 1.06(8) TO DELEGATE CANVASSING DUTIES TO THE COUNTYWIDE CANVASSING BOARD FOR MORE EFFICIENTLY RUN MUNICIPAL ELECTIONS? The Town Commission agreed to change the wording to and/or so they would have the option of using the County Canvassing Board or the Town Canvassing Board. Referendum No. 5: Ballot title. The ballot title, which is the subject of this Referendum, and by which the proposed Charter Amendment is to be commonly referred to or spoken of, shall be captioned as “Limitation on Increases in Salaries for Mayor and Commissioners.” Ballot summary. The ballot summary of the proposed Charter amendment shall be: SHALL THE TOWN OF HIGHLAND BEACH AMEND ITS CHARTER AT SECTION 3.05 TO PROVIDE THAT THE SALARIES OF THE MAYOR AND COMMISSIONERS MAY NOT BE INCREASED MORE THAN 5% IN ANY SINGLE FISCAL YEAR? There was discussion about surrounding areas salarie s, adding in specific numbers to the question, inflation, and the number of questions on the ballot. They hope to get resident feedback on the questions. All five questions will be brought back at the next Town Commission meeting as ordinance first reads. Page 36 Town Commission Meeting Minutes Date: September 19, 2023 Page 8 of 11 D. Milani Park Update (Formally Item 11.B.) Mayor Moore read the title of Item 11.D. Mayor Moore mentioned that she and the Town Manager met with Palm Beach County Commissioner Marci Woodward, the Director of Parks and Recreation for Palm Beach County, the Director of Facilities Development and Operations, and the Assistant County Administrator. They are moving forward with the design of the park, and they do not want to defer the development of the park. Palm Beach County is willing to hold public outreach meetings at the Highland Beach Library Community Room during the week of January 20 or January 29, 2024. Mayor Moore's recommendation is that the Town Commission come up with a date. Town Manager Labadie explained that the Town will allow the County to facilitate the meeting and the meeting will not be a Town Commission meeting. He explained that he and Commissioner Goldberg spoke with the Town of Ocean Ridge Town Manager about their park, and they have not had any issues with their park. Mayor Moore recommended February 1, 2024 at 6 P.M. Town Manager Labadie will contact Father Reverend Horgan about overflow parking. Once the meeting date is confirmed with the County, Town Manager Labadie will have Skender Coma communicate the information to the public. E. Approve and authorize the Mayor to execute contract with U.S. Water Service Corporation in an amount of $428,238.21 for Lift Station No. 3 Rehabilitation Project in accordance with Invitation to Bid (ITB) No. 23-005. Mayor Moore read the title of Item 11.E. Skender Coma, Management Analyst, presented this item. It was recommended to execute an agreement with U.S. Water Services Corporation for the Lift Station No. 3 Rehabilitation Project in accordance with Invitation to Bid (ITB) No. 23 -005. There were no public comments. MOTION: David/Goldberg – Moved to authorize the Mayor to execute the contract with U.S. Water Service Corporation for Invitation to Bid No. 23-005, which passed unanimously 4 to 0. Page 37 Town Commission Meeting Minutes Date: September 19, 2023 Page 9 of 11 F. Discussion of the Financial Advisory Board's recommendation of New Purchasing Policy and Proposed Ordinance. Mayor Moore read the title of Item 11.F. Eric Marmer, Human Resources and Risk Manager Director presented this item. There was discussion about the new purchasing policy, and it will be brought back as an ordinance first read at a future Town Commission meeting. 12. TOWN COMMISSION COMMENTS Commissioner Judith M. Goldberg has been participating in the Florida League of Cities Legislative Policy Committees. She is serving on the Finance Taxation and Personal Committee. She spoke about the upcoming meetings. She asked the Town Commission to support her in attending the National League of Cities Annual Conference in November 2023. It was the consensus of the Town Commission to support Commission Goldberg. Commissioner Donald Peters was not present. Commissioner Evalyn David had no comments. Vice Mayor David Stern had no comments. Mayor Natasha Moore inquired about the dune study as mentioned by Andy Studt. She inquired about the status of the dune study report. Assistant Town Manager Cuebas indicated that the report should be available within the next two months. 13. TOWN ATTORNEY’S REPORT Town Attorney Torcivia thanked Eric Marmer for collaborating with Attorney Jennifer. Page 38 Town Commission Meeting Minutes Date: September 19, 2023 Page 10 of 11 14. TOWN MANAGER’S REPORT Town Manager Labadie announced the September 21 Second Special Public Hearing Budget Meeting. 15. ADJOURNMENT The meeting adjourned at 4:29 p.m. APPROVED: October 3, 2023, Town Commission Meeting. ATTEST: Natasha Moore, Mayor Transcribed by Jaclyn DeHart and Lanelda Gaskins 10/03/2023 Lanelda Gaskins, MMC Town Clerk Date Page 39 Town Commission Meeting Minutes Date: September 19, 2023 Page 11 of 11 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 40 TOWN OF HIGHLAND BEACH TOWN COMMISSION SECOND PUBLIC HEARING BUDGET MEETING MINUTES LIBRARY COMMUNITY ROOM 3618 S. OCEAN BLVD. HIGHLAND BEACH, FL Date: September 21, 2023 Time: 5:01 PM 1. CALL TO ORDER Mayor Moore called the meeting to order at 5:01 P.M. 2. ROLL CALL Commissioner Judith Goldberg Commissioner Evalyn David Vice Mayor David Stern Mayor Natasha Moore Town Manager Marshall Labadie Town Clerk Lanelda Gaskins ABSENT Commissioner Donald Peters 3. PLEDGE OF ALLEGIANCE The Town Commission led the Pledge of Allegiance to the United States of America. 4. ADDITIONS, DELETIONS, AND APPROVAL OF THE AGENDA MOTION: David/Stern – Moved to approve the agenda as presented, which passed unanimously 4 to 0. 5. PRESENTATIONS There were none. 6. SECOND READINGS / PUBLIC HEARINGS: A. Resolution No. 2023-022 A Resolution of the Town Commission of the Town of Highland Beach, Florida, adopting a Final Millage Rate of 3.4182 Mils for the Town’s General Operating Funds for the fiscal year beginning October 1, 2023, and ending September 30, 2024; providing that the Final Millage Rate of 3.4182 Mils is Page 41 Town Commission Second Public Hearing Budget Meeting Minutes Date: September 21, 2023 Page 2 of 3 19.3006 percent greater than the computed rolled back rate of 2.8652 Mils; providing for severability, conflicts, and an effective date. Mayor Moore read the title of Resolution No. 2023-022. She opened the item for public comments and hearing none she closed the public hearing. MOTION: David/Goldberg – Moved to adopt Resolution No. 2023-022 on second/final reading. Upon roll call: Commissioner David (Yes); Commissioner Goldberg (Yes), Vice Mayor Stern (Yes) and Mayor Moore (Yes). The motion passed 4 to 0. B. Resolution No. 2023-023 A Resolution of the Town Commission of the Town of Highland Beach, Florida, adopting a Final Budget for the fiscal year beginning October 1, 2023, and ending September 30, 2024; determining and fixing the amounts necessary to carry on the government of the Town for the ensu ing year; providing for severability, conflicts, and an effective date. Mayor Moore read the title of Resolution No. 2023-023. She opened the item for public comments and hearing none she closed the public hearing. MOTION: David/Goldberg – Moved to adopt Resolution No. 2023-023 on second/final reading. Upon roll call: Commissioner David (Yes), Commissioner Goldberg (Yes), Vice Mayor Stern (Yes), and Mayor Moore (Yes). The motion passed 4 to 0. 7. TOWN MANAGER REPORTS Town Manager Labadie reported that Assistant Town Manager Terisha Cuebas will be working on a resolution regarding the one (1) percent infrastructure sales tax. 8. COMMISSION MEETINGS Mayor Moore read the announcements as follows: October 03, 2023 1:30 PM Town Commission Meeting Page 42 Town Commission Second Public Hearing Budget Meeting Minutes Date: September 21, 2023 Page 3 of 3 9. ADJOURNMENT The meeting adjourned at 5:06 P.M. APPROVED: October 3, 2023, Town Commission Meeting. ATTEST: Natasha Moore, Mayor Transcribed by Lanelda Gaskins 10/03/2023 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 43 File Attachments for Item: B. Approve and authorize the Town Clerk to execute a Contract for Election Day between the Wendy Sartory Link Palm Beach County Supervisor of Elections and the Town of Highland Beach to use the Highland Beach Library Community Room as a polling location for the Presidential Preference Primary Election, Tuesday, March 14, 2024 and the Municipal Election, the Primary Election, Tuesday, August 20, 2024, and the General Election, Tuesday, November 5, 2024. Page 44 Page 1 of 5 Precinct Number(s): 2801 CONTRACT FOR ELECTION DAY This Contract is made as of the ________ day of _________, 20____, by and between the Palm Beach County Supervisor of ElecƟons, a PoliƟcal Subdivision of the State of Florida, by and through the Palm Beach County Board of County Commissioners, hereinaŌer referred to as SUPERVISOR, and HIGHLAND BEACH LIBRARY c/o the Town of Highland Beach, 3618 S OCEAN BLVD HIGHLAND BEACH, FL 33487, (“FACILITY/MUNICIPALITY”) to do business in the State of Florida. Precinct(s): 2801 *Precinct number (s) subject to change In consideraƟon of the mutual promises contained herein, SUPERVISOR and FACILITY/ MUNICIPALITY agree as follows: ARTICLE 1 - SERVICES FACILITY/MUNICIPALITY’S responsibility under this Contract is to provide ElecƟon Day polling locaƟon services for the following PresidenƟal Preference Primary ElecƟon, Primary ElecƟon and General ElecƟon Days scheduled for the countywide 2024 ElecƟon Cycle, as well as make a good faith effort to accommodate any addiƟonal Special ElecƟon Days that may be required due to unforeseen circumstances. A.PresidenƟal Preference Primary (PPP) ElecƟon Day Tuesday, March 19th, 2024 from 7:00 A.M. to 7:00 P.M. B.Primary ElecƟon Day Tuesday, August 20th, 2024, from 7:00 A.M. to 7:00 P.M. C.General ElecƟon Day Tuesday, November 5th, 2024, from 7:00 A.M. to 7:00 P.M. SUPERVISOR'S representaƟves/liaisons during the performance of this contract shall be: Ghitza Serrano-Velez, (561)656-6211/ (772)631-5969 or Ghitza@votepalmbeach.gov Rachel West, (561)656-6237/ (772)631-6309 or Rachel@votepalmbeach.gov. FACILITY/MUNICIPALITY’S representaƟve/liaison during the performance of this contract shall be: Name/Title:____________________________________________________________________ Phone Number: _________________________________________________________________ Mailing Address (if different): ______________________________________________________ Page 45 Page 2 of 5 Precinct Number(s): 2801 Contact person at Polling Place on ElecƟon Day: Name/Title: ___________________________________________________________________ Email Address: __________________________________________________________________ Work Phone Number: ____________________________________________________________ Cell Phone Number (for emergency purposes): ________________________________________ Alternate contact: Name/Title: ___________________________________________________________________ Email Address: __________________________________________________________________ Work Phone Number: ____________________________________________________________ Cell Phone Number (for emergency purposes): ________________________________________ Emergency contact: Name/ Title: ___________________________________________________________________ Email Address: __________________________________________________________________ Work Phone Number: ____________________________________________________________ Home Phone Number (for emergency purposes): ______________________________________ Page 46 Page 3 of 5 Precinct Number(s): 2801 ARTICLE 2 – SCHEDULE FACILITY/MUNICIPALITY shall agree to allow voters, poll workers, poll watchers, other designated campaign representaƟves, and representaƟves of the SUPERVISOR to enter and exit premises without delay or screening of any kind during ElecƟon Day, unƟl compleƟon of voƟng. This shall include but is not limited to: A. None of the above shall be required to present idenƟficaƟon upon entry, including at any gate. B. None of the above shall be required to undergo health screening upon entry. FACILITY/MUNICIPALITY shall agree to accept delivery of equipment and supplies at a Ɵme and date to be determined by FACILITY/MUNICIPALITY and SUPERVISOR prior to ElecƟon Day. FACILITY/MUNICIPALITY and SUPERVISOR will also determine a date and Ɵme for SUPERVISOR to remove equipment and supplies. Please provide the days and hours of operaƟon at the locaƟon when access to the premises will be available for delivery and pickup of voƟng equipment. An elecƟon official will contact you to make arrangements: LocaƟon hours of operaƟon in March: _______________________________________________ LocaƟon hours of operaƟon in August: _______________________________________________ LocaƟon hours of operaƟon in November:____________________________________________ FACILITY/MUNICIPALITY shall agree to provide a secure locaƟon to store ElecƟons Equipment upon delivery to Polling LocaƟon and unƟl removal. Please indicate where elecƟon equipment will be stored and how it will be secured: ______________________________________________________________________________ ______________________________________________________________________________ Current assessed polling room: MULTIPURPOSE ROOM FACILITY/MUNICIPALITY shall agree to use the currently assessed polling room for all scheduled elecƟons. If the polling room will NOT be available for an elecƟon, noƟce must be given to the SUPERVISOR for approval. Any new polling rooms not currently assessed will require an in- person site visit to confirm ADA accessibility. Page 47 Page 4 of 5 Precinct Number(s): 2801 FACILITY/MUNICIPALITY shall agree to allow SUPERVISOR or SUPERVISOR’s designee(s) to inspect and set up the designated Polling Room on the Monday prior to ElecƟon Day (Monday March 18th, 2024, for the PPP, Monday August 19th, 2024 for the Primary, and Monday November 4th, 2024 for the General ElecƟon). FACILITY/MUNICIPALITY shall agree (iniƟal one): _____To open the Polling LocaƟon and Polling Room/bathrooms no later than 5:30 A.M on ElecƟon Day. _____ To provide SUPERVISOR or its assignee (Clerk) with a key to the Polling Room. Please indicate contact informaƟon and instrucƟons for delivery of key: ______________________________________________________________________________ ______________________________________________________________________________ FACILITY/MUNICIPALITY shall agree to provide: ⎯ Chairs for elecƟon workers (number of chairs provided __________). ⎯ Tables for elecƟon workers (number of tables provided __________). ⎯ Use of restroom faciliƟes. ⎯ Air condiƟoning. ARTICLE 3 – REMEDIES This contract shall be governed by the laws of the State of Florida. Any legal acƟon necessary to enforce the Contract will be held in a court of competent jurisdicƟon located in Palm Beach County, Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulaƟve and shall be in addiƟon to every other remedy given hereunder or now or hereaŌer exisƟng at law or in equity, by statute or otherwise. No single or parƟal exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. ARTICLE 4 - EXCUSABLE DELAYS FACILITY/MUNICIPALITY shall not be considered in default by reason of any failure in performance if such failure arises out of causes reasonably beyond the control of FACILITY/ MUNICIPALITY or its subcontractors and without their fault or negligence. Such causes include, but are not limited to, acts of God, force majeure, natural or public health emergencies which have been classified by Page 48 Page 5 of 5 Precinct Number(s): 2801 Emergency Order by the Governor of Florida or the President of the United States as a State of Emergency, allowing for the specific breach of this contract (i.e. an order specifically disallowing use of this or this kind of facility by the public), and abnormally severe and unusual weather condiƟons which render the Early VoƟng/ElecƟon Day site unusable. Upon FACILITY/MUNICIPALITY'S request, SUPERVISOR shall consider the facts and extent of any failure to perform the work and, if FACILITY/MUNICIPALITY'S failure to perform was without its fault or negligence, the Contract Schedule or any other affected provision of this Contract shall be revised accordingly, subject to SUPERVISOR'S rights to change or terminate this Contract at any Ɵme. ARTICLE 5 - ENTIRETY OF CONTRACTUAL AGREEMENT SUPERVISOR and FACILITY/MUNICIPALITY agree that this contract sets forth the enƟre agreement between the parƟes, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and condiƟons contained in this contract may be added to, modified, superseded or otherwise altered, except by wriƩen instrument executed by the parƟes. ARTICLE 6 - PUBLIC RECORDS Notwithstanding anything contained herein, as provided under SecƟon 119.0701, F.S., if the FACILITY: (i) provides a service; and (ii) acts on behalf of the SUPERVISOR as provided under SecƟon 119.011(2) F.S., the FACILITY/MUNICIPALITY shall comply with the requirements of SecƟon 119.0701, Florida Statutes, as it may be amended from Ɵme to Ɵme. All agreements between FACILITY/MUNICIPALITY and SUPERVISOR are subject to the requirements provided under SecƟon 119.0701, F.S. ARTICLE 7 - STATEMENT OF INDEMNITY SUPERVISOR shall be responsible for damages, as found legally liable for and to the extent permiƩed by law, arising out of injury or damage to persons or property caused by or resulƟng from the negligence of the SUPERVISOR or any of its officers or employees. Nothing in this provision shall consƟtute as a waiver of sovereign immunity. IN WITNESS WHEREOF, we, the undersigned, do hereby state that we have the authority to bind and obligate as promised herein, SUPERVISOR and FACILITY/MUNICIPALITY for purposes of execuƟng this Contract on the dates set forth below. Wendy Sartory Link, Palm Beach County Supervisor of ElecƟons (Signature) Date FACILITY/MUNICIPALITY RepresentaƟve (Signature) Date Page 49 File Attachments for Item: D. Continued discussion on proposed referendum questions for the March 2024 election. 1. Referendum No. 1: Ballot title. The ballot title which is the subject of this Referendum shall be captioned as “Financing and Implementation of Sanitary Sewer Lining Project ” Ballot summary. The ballot summary of the proposed Charter amendment shall be: SHALL THE TOWN OF HIGHLAND BEACH UNDERTAKE AND FUND A TOWNWIDE SANITARY SEWER LINING PROJECT FOR COST NOT EXCEEDING $3,500,000 AND ISSUE BONDS NOT EXCEEDING SUCH AMOUNT, IN ONE OR MORE SERIES, BEARING INTEREST NOT EXCEEDING THE MAXIMUM LEGAL RATE, MATURING NOT LATER THAN ___ YEARS FROM ISSUANCE, PLEDGING THE TOWN ’S FULL FAITH AND CREDIT AND AD VALOREM REVENUES COLLECTED TO PAY SUCH BONDS, ALL AS DESCRIBED IN RESOLUTION NUMBER _____? 2. Referendum No. 2: Ballot title. The ballot title which is the subject of this Referendum, and by which the proposed Charter Amendment is to be commonly referred to or spoken of, shall be captioned as “Funding Limitation.” Ballot summary. The ballot summary of the proposed Charter amendment shall be: SHALL THE FUNDING LIMITATION OF $350,000, SET FORTH IN THE TOWN OF HIGHLAND BEACH CHARTER AT SECTION 2.01(30), BE ADJUSTED TO $900,000 TO ACCOUNT FOR THE PAST 32 YEARS OF INFLATION AND BE ADJUSTED ANNUALLY THEREAFTER ON JUNE 1ST (BEGINNING IN 2025) IN ACCORDANCE WITH THE REGIONAL CONSUMER PRICE INDEX (METROPOLITAN STATISTICAL AREA)? 3. Referendum No. 3: Ballot title. The ballot title which is the subject of this Referendum, and by which the proposed Charter Amendment is to be commonly referred to or spoken of, shall be captioned as “Repurposing of Town’s Old Fire Station for Shared Use by Community and Fire Rescue Department.” Ballot summary. The ballot summary of the proposed Charter amendment shall be: SHALL THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH BE AUTHORIZED TO FINANCE AND IMPLEMENT THE DEMOLITION AND REPURPOSING OF THE TOWN’S OLD FIRE STATION FOR SHARED USE BY THE COMMUNITY AS A MULTIPURPOSE EVENT SPACE AND BY THE TOWN ’S FIRE Page 50 RESCUE DEPARTMENT FOR A NOT TO EXCEED COST OF $1 MILLION DOLLARS? 4. Referendum No. 4: Ballot title. The ballot title which is the subject of this Referendum, and by which the proposed Charter Amendment is to be commonly referred to or spoken of, shall be captioned as “Use of Countywide Palm Beach County Canvassing Board .” Ballot summary. The ballot summary of the proposed Charter amendment shall be: SHALL THE TOWN OF HIGHLAND BEACH AMEND ITS CHARTER AT SECTIONS 1.06(7) AND 1.06(8) TO DELEGATE CANVASSING DUTIES TO THE COUNTYWIDE CANVASSING BOARD FOR MORE EFFICIENTLY RUN MUNICIPAL ELECTIONS? 5. Referendum No. 5: Ballot title. The ballot title which is the subject of this Referendum, and by which the proposed Charter Amendment is to be commonly referred to or spoken of, shall be captioned as “Adjustment of Salaries for Town Mayor and Commissioners.” Ballot summary. The ballot summary of the proposed Charter amendment shall be: SHALL THE TOWN OF HIGHLAND BEACH AMEND ITS CHARTER AT SECTION 3.05 TO PROVIDE THAT, COMMENCING JUNE 1, 2024, THE SALARIES OF THE MAYOR AND COMMISSIONERS SHALL BE ADJUSTED TO ACCOUNT FOR THE PAST 20 YEARS OF INFLATION TO $2,290 PER MONTH FOR THE MAYOR AND $1,832 FOR EACH COMMISSIONER, AND, THEREAFTER, BE ADJUSTED ANNUALLY ON JUNE 1ST IN ACCORDANCE WITH THE REGIONAL CONSUMER PRICE INDEX (METROPOLITAN STATISTICAL AREA)? Page 51 TOWN OF HIGHLAND BEACH EXISTING FIRE STATION RENOVATION Highland Beach, Florida 09.26.2023 Page 52 TOWN OF HIGHLAND BEACH PGAL.COM Page 53 TOWN OF HIGHLAND BEACH PGAL.COM Page 54 TOWN OF HIGHLAND BEACH PGAL.COM EXISTING TRUCK APRON AI A EVENT HALL (EXISTING 2-BAYS) NEW TRELLIS NEW PLAZA TOILET STOR TOILET MECH / ELEC FOUR (4) PARKING SPACES W/ BOLLARDS FLAG COURT FOOD TRUCK PARKING Page 55 TOWN OF HIGHLAND BEACH PGAL.COM Page 56 TOWN OF HIGHLAND BEACH PGAL.COM Page 57 [CLIENT OR PROJECT NAME]PGAL.COM Page 58 TOWN OF HIGHLAND BEACH AGENDA MEMORANDUM MEETING TYPE: Town Commission Meeting MEETING DATE October 3, 2023 SUBMITTED BY: Town Manager’s Office SUBJECT: Continued discussion on proposed referendum questions for the March 2024 election SUMMARY: At the September 5, 2023, and September 19, 2023, Commission meetings, the Commission began discussing possible referendum questions for the March election. The Commission directed the Town Manager and Town Attorney to provide draft language for the followin g five topics: 1. Funding and implementation of sanitary sewer lining project. 2. Funding limitation. 3. Repurposing of Town’s Old Fire Station for Shared Use by Community and Fire Rescue Department. 4. Use of Palm Beach County Countywide Canvassing Board. 5. Adjustment of Salaries for Town Mayor and Commissioners. Once the Commission is comfortable with the language, the questions will be included on the next Commission agenda for consideration and formal action to be taken. Pursuant to Section 166.031, Florida Statutes, referendums that seek to amend the Town’s Charter are required to be in the form of an ordinance. Otherwise, Section 101.161(1), Florida Statutes, allows a referendum question to be adopted in an “enabling resolution.” The referendums that se ek to approve the sanitary sewer project and the rehab of the old fire station will take the form of a resolution since they do not involve the amendment of the Charter. It is important to keep in mind, the final 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: Page 59 Referendum ballot titles and summaries. Old Fire Station Renovation Concept. RECOMMENDATION: Commission discussion. Page 60 Referendum Ballot Titles and Summaries 1. Referendum No. 1: Ballot title. The ballot title which is the subject of this Referendum shall be captioned as “Financing and Implementation of Sanitary Sewer Lining Project” Ballot summary. The ballot summary of the proposed Charter amendment shall be: SHALL THE TOWN OF HIGHLAND BEACH UNDERTAKE AND FUND A TOWNWIDE SANITARY SEWER LINING PROJECT FOR COST NOT EXCEEDING $3,500,000 AND ISSUE BONDS NOT EXCEEDING SUCH AMOUNT, IN ONE OR MORE SERIES, BEARING INTEREST NOT EXCEEDING THE MAXIMUM LEGAL RATE, MATURING NOT LATER THAN ___ YEARS FROM ISSUANCE, PLEDGING THE TOWN’S FULL FAITH AND CREDIT AND AD VALOREM REVENUES COLLECTED TO PAY SUCH BONDS, ALL AS DESCRIBED IN RESOLUTION NUMBER _____? ______ YES (FOR APPROVAL) ______ NO (AGAINST APPROVAL) 2. Referendum No. 2: Ballot title. The ballot title which is the subject of this Referendum, and by which the proposed Charter Amendment is to be commonly referred to or spoken of, shall be captioned as “Funding Limitation.” Ballot summary. The ballot summary of the proposed Charter amendment shall be: SHALL THE FUNDING LIMITATION OF $350,000, SET FORTH IN THE TOWN OF HIGHLAND BEACH CHARTER AT SECTION 2.01(30), BE ADJUSTED TO $900,000 TO ACCOUNT FOR THE PAST 32 YEARS OF INFLATION AND BE ADJUSTED ANNUALLY THEREAFTER ON JUNE 1ST (BEGINNING IN 2025) IN ACCORDANCE WITH THE REGIONAL CONSUMER PRICE INDEX (METROPOLITAN STATISTICAL AREA)? ______ YES (FOR APPROVAL) ______ NO (AGAINST APPROVAL) Page 61 2 3. Referendum No. 3: Ballot title. The ballot title which is the subject of this Referendum, and by which the proposed Charter Amendment is to be commonly referred to or spoken of, shall be captioned as “Repurposing of Town’s Old Fire Station for Shared Use by Community and Fire Rescue Department.” Ballot summary. The ballot summary of the proposed Charter amendment shall be: SHALL THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH BE AUTHORIZED TO FINANCE AND IMPLEMENT THE DEMOLITION AND REPURPOSING OF THE TOWN’S OLD FIRE STATION FOR SHARED USE BY THE COMMUNITY AS A MULTIPURPOSE EVENT SPACE AND BY THE TOWN’S FIRE RESCUE DEPARTMENT FOR A NOT TO EXCEED COST OF $1 MILLION DOLLARS? ______ YES (FOR APPROVAL) ______ NO (AGAINST APPROVAL) 4. Referendum No. 4: Ballot title. The ballot title which is the subject of this Referendum, and by which the proposed Charter Amendment is to be commonly referred to or spoken of, shall be captioned as “Use of Countywide Palm Beach County Canvassing Board .” Ballot summary. The ballot summary of the proposed Charter amendment shall be: SHALL THE TOWN OF HIGHLAND BEACH AMEND ITS CHARTER AT SECTIONS 1.06(7) AND 1.06(8) TO DELEGATE CANVASSING DUTIES TO THE COUNTYWIDE CANVASSING BOARD FOR MORE EFFICIENTLY RUN MUNICIPAL ELECTIONS? ______ YES (FOR APPROVAL) ______ NO (AGAINST APPROVAL) 5. Referendum No. 5: Ballot title. The ballot title which is the subject of this Referendum, and by which the proposed Charter Amendment is to be commonly referred to or spoken of, shall be captioned as “Adjustment of Salaries for Town Mayor and Commissioners.” Page 62 3 Ballot summary. The ballot summary of the proposed Charter amendment shall be: SHALL THE TOWN OF HIGHLAND BEACH AMEND ITS CHARTER AT SECTION 3.05 TO PROVIDE THAT, COMMENCING JUNE 1, 2024, THE SALARIES OF THE MAYOR AND COMMISSIONERS SHALL BE ADJUSTED TO ACCOUNT FOR THE PAST 20 YEARS OF INFLATION TO $2,290 PER MONTH FOR THE MAYOR AND $1,832 FOR EACH COMMISSIONER, AND, THEREAFTER, BE ADJUSTED ANNUALLY ON JUNE 1ST IN ACCORDANCE WITH THE REGIONAL CONSUMER PRICE INDEX (METROPOLITAN STATISTICAL AREA)? ______ YES (FOR APPROVAL) ______ NO (AGAINST APPROVAL) Page 63 File Attachments for Item: A. Approve and authorize the second draw on the Synovus Bank Loan in the amount of $4,997,900 as forecasted, planned and budget for fiscal year 2023-2024 to complete the construction phase of the Fire Rescue project, and authorize the Town staff to execute the certificate relevant to the draw. Page 64 TOWN OF HIGHLAND BEACH AGENDA MEMORANDUM MEETING TYPE: Town Commission Meeting MEETING DATE: 10/03/2023 SUBMITTED BY: David M. DiLena, Finance Director SUBJECT: 2nd Synovus Bank Loan Draw Request Staff is requesting Commission authorization of the second and final draw on the Synovus Bank Loan dated June 9, 2022, as forecasted, planned, and budgeted. As we continue to navigate our strategic plan with purpose and focus, this draw will provide us with essential capital to finish the Fire Rescue Project by May 2024. Background: The Synovus Bank Loan, originally established on June 9, 2022, has proven instrumental in meeting our short-term and long-term financial requirements. The first draw from this facility ($52,100) was utilized to cover closing costs as required within the loan documents. The terms and conditions of this loan have remained favorable allowing us to as we have successfully minimized interest expense. Staff will diligently adhere to the agreed-upon repayment schedule in the future and other loan covenants. Purpose of the Second Draw: The second draw on the Synovus Bank Loan of $4,997,900 is necessary to complete construction by the May 2024 deadline. It will primarily be used for the following purposes, as forecasted, planned, and budgeted to complete the construction phase of the Fire Rescue Project based on the contractors draw schedule. Loan Terms: The terms and conditions of this second draw will remain consistent with the original loan agreement dated June 9, 2022, which includes: - Loan Amount: $5,050,000 - Interest Rate: 3.26% per annum - Repayment Schedule: Beginning March 30, 2024, and every March 30th and September 30th Page 65 - Maturity Date: March 30, 2032 - Other: No full or partial Prepayment Penalty Recommendation: Staff recommend that the Board authorize the second draw on the Synovus Bank Loan as outlined above in the amount of $4,997,900 aligning with our forecasted, planned, and budget for FY2024. I have attached the draw request form for your review. Page 66 Town of Highland Beach 3614 South Ocean Boulevard • Highland Beach, Florida 33487 October 3, 2023 Synovus Bank 7768 Ozark Drive, Suite 100 Jacksonville, FL 32256 Attn: Andy LaFear Government Banking Solutions The undersigned officer of the Town of Highland Beach, Florida (the “Town”) DOES HEREBY CERTIFY THAT: 1. This certificate is being provided to Synovus Bank (the “Lender”) in accordance with Section 4.02 of that certain Loan Agreement dated June 9, 2022, between the Town and the Lender (the “Loan Agreement”), in order to permit the Town to make a draw on the Note issued thereunder (the “Note”). Draws are permitted in the aggregate amount not to exceed $5,050,000. 2. The Town hereby requests a draw in the amount of $4,997,900. The proceeds of this draw will be used to pay the costs of the Project (as defined in the Loan Agreement). After this draw, the Town will have $0.00 available to be drawn. 3. As of the date of this certificate, the undersigned is the duly appointed and serving [Town Manager] [Finance Director] (circle one) of the Town as such is authorized to execute this certificate on behalf of the Town. 4. No Event of Default has occurred under the Loan Agreement and no event has occurred and is continuing under the provisions of the Loan Agreement which, with the lapse of time or the giving of notice, or both, would constitute an Event of Default thereunder. WITNESS my hand and the corporate seal of the Town this ____ day of _____________________. TOWN OF HIGHLAND BEACH, FLORIDA By: _______________________________ Name: _____________________________ Title: ______________________________ [SEAL] Page 67 File Attachments for Item: B. Resolution No. 2023-029 A Resolution of the Town Commission of the Town of Highland Beach, Florida, expressing support for the extension and continuation of the Palm Beach County One- Cent Sales Tax to fund local infrastructure projects through December 31, 2036; providing an effective date; and for other purposes. Page 68 TOWN OF HIGHLAND BEACH AGENDA MEMORANDUM MEETING TYPE: Town Commission Meeting MEETING DATE October 3, 2023 SUBMITTED BY: Town Manager’s Office SUBJECT: A RESOLUTION OF THE TOWN COMMISSION OF HIGHLAND BEACH, FLORIDA, EXPRESSING SUPPORT FOR THE EXTENSION AND CONTINUATION OF THE PALM BEACH COUNTY ONE-CENT SALES SURTAX TO FUND LOCAL INFRASTRUCTURE PROJECTS THROUGH DECEMBER 31, 2036; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. SUMMARY: In November 2016, the voters of Palm Beach County approved a one-cent increase to the local sales tax, to provide the School District, the County and the 39 municipalities with the revenue earmarked to fund infrastructure and other capital improvements. In January 2017, the surtax became effective and will automatically sunset either December 3, 2026, or upon the generation of $2.7 billion in total revenue. The revenue may only be used for infrastructure projects such as roads, sidewalks, bridges, schools, parks, and government buildings and facilities. To date, the Town has received $1,801,731.66 from the one -cent surtax and the Town recognizes the direct benefit the revenue provides to the County, School Board and surrounding municipalities. The attached resolution expresses the Commission’s support to renew the one-cent sales tax program in collaboration with the School Board, County, and surrounding municipalities. Renewal requires voter approval for the extension of the one-cent surtax until December 31, 2036. FISCAL IMPACT: N/A ATTACHMENTS: Resolution No. 2023-029 RECOMMENDATION: Page 69 Commission discussion and approval of Resolution No. 2023 -029. Page 70 RESOLUTION NO. 2023-029 A RESOLUTION OF THE TOWN COMMISSION OF HIGHLAND BEACH, FLORIDA, EXPRESSING SUPPORT FOR THE EXTENSION AND CONTINUATION OF THE PALM BEACH COUNTY ONE-CENT SALES SURTAX TO FUND LOCAL INFRASTRUCTURE PROJECTS THROUGH DECEMBER 31, 2036; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, in November 2016, the voters of Palm Beach County approved an increase to the local sales tax from 6 cents per dollar to 7 cents per dollar; and WHEREAS, the one-cent sales surtax increase became effective on January 1, 2017, and will automatically sunset upon the earlier occurrence of either December 31, 2026, or the generation of $2.7 billion in total revenue; and WHEREAS, the generated one-cent sales surtax revenue is divided between the School District of Palm Beach County (50%), Palm Beach County (30%), and the 39 Palm Beach County municipalities (20% shared amongst them); and WHEREAS, the generated one-cent sales surtax revenue may only be utilized for infrastructure projects such as roads, sidewalks, bridges, schools, parks, and government buildings and facilities; and WHEREAS, infrastructure projects provide access to clean water, electricity, transportation, and other essential services, which directly impact the health and well-being of individuals, families, and the wider community; and WHEREAS, the Town of Highland Beach has received one-cent sales surtax revenue in the amount of $1,801,731.66 since January 1, 2017, which has allowed the Town to improve its infrastructure facilities and simultaneously maintain a lower property tax millage rate; and WHEREAS, the Town of Highland Beach recognizes the direct and beneficial impact the one-cent sales surtax revenue for infrastructure projects has provided to Highland Beach residents, as well as the schools of Palm Beach County and the surrounding communities; and WHEREAS, the Town of Highland Beach supports a collaboration with the School District of Palm Beach County, Palm Beach County, and the other municipalities of Palm Beach County to extend and continue the one-cent sales surtax revenue for infrastructure projects beyond its current automatic sunset deadlines; and Page 71 Resolution No. 2023-029 WHEREAS, the Town of Highland Beach specifically supports seeking voter approval to continue the one-cent sales surtax revenue for infrastructure projects until December 31, 2036. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, THAT: Section 1. The above recitals are true and correct and are hereby incorporated into this section of this resolution as it fully set forth herein. Section 2. The Town Commission of the Town of Highland Beach hereby expresses its support for seeking voter approval to continue the one-cent sales surtax revenue for infrastructure projects until December 31, 2026. Section 3. The Town Manager is directed to forward this Resolution to each of the Palm Beach County Commissioners with a copy to the Palm Beach County Administrator, the Palm Beach County League of Cities, and the School District of Palm Beach County. Section 4. This resolution shall be effective immediately upon adoption. DONE AND ADOPTED by the Town Commission of the Town of Highland Beach, Florida, this ____ day of _________, 2023. ATTEST: Natasha Moore, Mayor REVIEWED FOR LEGAL SUFFICIENCY Lanelda Gaskins, MMC Town Clerk Glen Torcivia, Town Attorney Town of Highland Beach VOTES: YES NO Mayor Natasha Moore Vice Mayor David Stern Commissioner Evalyn David Commissioner Don Peters Commissioner Judith Goldberg Page 72