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2023.10.17_TC_Agenda_Regular1 TOWN OF HIGHLAND BEACH TOWN COMMISSION MEETING AGENDA Tuesday, October 17, 2023 AT 1:30 PM TOWN HALL COMMISSION CHAMBERS, 3614 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. 2023-030 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 Public Comments will be limited to five (5) minutes per speaker. Page 1 Town Commission Meeting Agenda October 17, 2023 2 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 Meetings and Events November 01, 2023 11:00 A.M. Natural Resources Preservation Advisory Board Regular Meeting November 07, 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. Resolution No. 2023-031 A Resolution of the Town Commission of the Town of Highland B each Florida, calling for a Referendum of the Qualified Electors of the Town of Highland Beach to be held on March 19, 2024, as to whether the Town shall be authorized to (A) finance and implement a Sanitary Sewer Lining Rehabilitation Project to repair, replace, and prevent structural damage to the sewer lines for a not to exceed cost of $3.5 million dollars, and (B) issue its General Obligation Bonds, payable from the full faith and unlimited Ad Valorem Taxing Power of the Town, in an aggregate principal amount not to exceed $3.5 million dollars to finance the cost thereof; providing for notice and advertising of the referendum; providing for referendum canvassing and for other purposes; providing for severability, conflicts, and an effective date. Page 2 Town Commission Meeting Agenda October 17, 2023 3 B. Ordinance No. 2023-004 An Ordinance of the Town Commission of the Town of Highland Beach, Florida, calling for a Referendum of the Qualified Electors of the Town of Highland Beach to be held on March 19, 2024, as to whether the Funding Limitation of $350,000 , set forth in Section 2.01(30) of the Town of Highland Beach Charter, shall 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 (MSA); providing for notice and advertising of the referendum; providing for referendum canvassing; providing for severability, the repeal of laws in conflict, codification, and an effective date. C. Ordinance No. 2023-005 An Ordinance of the Town Commission of the Town Of Highland Beach, Florida, calling for a Referendum of the Qualified Electors of the Town Of Highland Beach to be held on March 19, 2024, as to whether the Town Of Highland Beach shall amend its Charter at Article I, Section 1.06(7) to provide the Town Commission the discretion to delegate, by resolution, the Palm Beach County Canvassing Board to serve as Highland Beach's canvassing board during the uniform municipal elections; providing for notice and advertising of the referendum; providing for referendum canvassing; providing for severability, the repeal of laws in conflict, codification, and an effective date. D. Proposed Ordinance An Ordinance of the Town Commission of the Town of Highland Beach, Florida, amending the Administrative Amendments to the 7th (2020) Edition of the Florida Building Code to update and amend the requirements for reinspection and recertification of existing threshold buildings and other buildings owned by a condominium or cooperative association; providing for the repeal of all ordinances in conflict; providing for severability and codification; and providing for an effective date. 9. CONSENT AGENDA (These are items that the Commission typically does not need to discuss individually, and which are voted on as a group.) Public Comments will be limited to three (3) minutes per speaker per item after Commission initial discussion. A. Approval of Meeting Minutes October 03, 2023 Town Commission Meeting Minutes Page 3 Town Commission Meeting Agenda October 17, 2023 4 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 of Milani Park 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 a Right of Way Permit for KMV Fiber Telecom Inc. to bore fiber optic communication cables under State Road A1A starting at the north property line of 4713 South Ocean Boulevard and ending on the west of Stat e Road A1A at the south property line of 4800 South Ocean Boulevard. 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 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. Page 4 File Attachments for Item: A. Resolution No. 2023-030 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 5 TOWN OF HIGHLAND BEACH AGENDA MEMORANDUM MEETING TYPE: Commission Meeting MEETING DATE October 17, 2023 SUBMITTED BY: Jaclyn DeHart, Deputy Town Clerk THROUGH Lanelda Gaskins, Town Clerk SUBJECT: Resolution No. 2023-030 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. 2023-030 ratifying the selection, appointments, and term of office of members of the Planning Board; and providing for an effective date. On September 21, 2023, Brian DeMoss, member of the Planning Board, resigned creating a vacancy for an unexpired term ending on June 04, 2025. The Town Clerk’s Office received two board applications for Town Commission consideration. Currently, there is one open vacancy for a new applicant to serve as a member on the board. The applicants’ names are as follows: Appointment Eve Rosen (Braemar Isle) David Axelrod (Toscana South) If David Axelrod is not selected for the Planning Board, he wishes to remain on the Code Enforcement Board. FISCAL IMPACT: N/A ATTACHMENTS: Chairperson Vetting Memorandum and Board Application of Eve Rosen Chairperson Vetting Memorandum and Board Application of David Axelrod Resolution No. 2023-030 RECOMMENDATION: With the Commission’s consideration, Staff recommends the adoption of Resolution No. 2023- 30 for one applicant to serve the term as outlined in the resolution.  An unexpired term ending on June 04, 2025. Page 6 MEMORANDUM 3614 SOUTH OCEAN BOULEVARD ● HIGHLAND BEACH, FLORIDA 33487 Palm Beach County, Florida Main: 561-278-4548 FAX: 561-265-3582 TO: Lanelda Gaskins, MMC, Town Clerk FROM: DATE: SUBJECT: Initial Vetting of Applicant: ========================================================== On ______________________ (date), I met with ________________________ (applicant’s name) to discuss his/her community involvement, education, professional experiences and the positive impact he/she could bring to this Board for the betterment of the Highland Beach community. Detail Explanation: Based upon my review of the Resume’, the Board Application and the Interview today, my recommendation is as follows: For the Appointment of this Applicant Against the Appointment of this Applicant Signature of Board Chairperson 10/6/2023 Eric Goldenberg David Axelrod10/5/2023 David is Highly qualified and motivated. He would be asset to our Planning Board. He has served on the Planning Board for 6 years and 3 years as Chairmen. Page 7 Page 8 Page 9 MEMORANDUM 3614 SOUTH OCEAN BOULEVARD ● HIGHLAND BEACH, FLORIDA 33487 Palm Beach County, Florida Main: 561-278-4548 FAX: 561-265-3582 TO: Lanelda Gaskins, MMC, Town Clerk FROM: DATE: SUBJECT: Initial Vetting of Applicant: ========================================================== On ______________________ (date), I met with ________________________ (applicant’s name) to discuss his/her community involvement, education, professional experiences and the positive impact he/she could bring to this Board for the betterment of the Highland Beach community. Detail Explanation: Based upon my review of the Resume’, the Board Application and the Interview today, my recommendation is as follows: For the Appointment of this Applicant Against the Appointment of this Applicant Signature of Board Chairperson 10/6/2023 Eric Goldenberg Eve Rosen10/6/2023 Eve is Highly qualified and motivated. she would be asset to our Planning Board. Page 10 Page 11 Page 12 RESOLUTION NO. 2023-030 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 Planning 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 21, 2023, One (1) board member resigned, 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 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 13 Resolution No. 2023-030 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 an unexpired term expiring June 04, 2025, as follows: Board Member Section 3. This Resolution shall become effective upon adoption. DONE AND ADOPTED by the Town Commission of the Town of Highland Beach, Florida, this 17th day of October 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 X Vice Mayor David Stern X Commissioner Evalyn David X Commissioner Donald Peters X Commissioner Judith M. Goldberg X Page 14 File Attachments for Item: A. Resolution No. 2023-031 A Resolution of the Town Commission of the Town of Highland Beach Florida, calling for a Referendum of the Qualified Electors of the Town of Highland Beach to be held on March 19, 2024, as to whether the Town shall be authorized to (A) finance and implement a Sanitary Sewer Lining Rehabilitation Project to repair, replace, and prevent structural damage to the sewer lines for a not to exceed cost of $3.5 million dollars, and (B) issue its General Obligation Bonds, payable from the full faith and unlimited Ad Valorem Taxing Power of the Town, in an aggregate principal amount not to exceed $3.5 million dollars to finance the cost thereof; providing for notice and advertising of the referendum; providing for referendum canvassing and for other purposes; providing for severability, conflicts, and an effective date. Page 15 RESOLUTION NO. 2023-031 A RESOLUTION OF THE TOWN OF HIGHLAND BEACH FLORIDA, CALLING FOR A REFERENDUM OF THE QUALIFIED ELECTORS OF THE TOWN OF HIGHLAND BEACH TO BE HELD ON MARCH 19, 2024, AS TO WHETHER THE TOWN SHALL BE AUTHORIZED TO (A) FINANCE AND IMPLEMENT A SANITARY SEWER LINING REHABILITATION PROJECT TO REPAIR, REPLACE, AND PREVENT STRUCTURAL DAMAGE TO THE SEWER LINES FOR A NOT TO EXCEED COST OF $3.5 MILLION DOLLARS, AND (B) ISSUE ITS GENERAL OBLIGATION BONDS, PAYABLE FROM THE FULL FAITH AND UNLIMITED AD VALOREM TAXING POWER OF THE TOWN, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $3.5 MILLION DOLLARS TO FINANCE THE COST THEREOF; PROVIDING FOR NOTICE AND ADVERTISING OF THE REFERENDUM; PROVIDING FOR REFERENDUM CANVASSING AND FOR OTHER PURPOSES; PROVIDING FOR SEVERABILITY, CONFLICTS, AND AN EFFECTIVE DATE. WHEREAS, the Town of Highland Beach, Florida (“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, pursuant to Article II, Section 2.01(30) of the Town’s Charter, “Any single project…requiring an allocation of more than $350,000 in any given fiscal year shall not be funded until the purposes and amounts of such allocations shall first have been approved by the majority of votes cast in an election of qualified electors residing within the Town…”; and WHEREAS, the Town Commission hereby finds that it is in the best interests of the Town and serves the public health, welfare and safety to finance and implement a sanitary sewer lining rehabilitation project to repair, replace, and prevent structural damage to the sewer lines for a not to exceed cost of $3.5 million dollars (the “Project”); and WHEREAS, the Town Commission hereby finds that it is in the best interests of the Town and serves the public health, welfare and safety for the Town issue its general obligation bonds to finance or reimburse, all or in part, the cost of the Project, together with other legally available funds, as provided for herein. Page 16 Resolution No. 2023-031 2 WHEREAS, pursuant to Section 101.161(1), Florida Statutes, the ballot title and summary for a referendum (that does not amend the Town’s Charter) may be embodied in an enabling resolution; and WHEREAS, pursuant to Section 2.01(30) of the Charter, the Town Commission deems it to be in the best interests of the Town and serving a valid public purpose to conduct a referendum on the question of whether the Town shall be authorized to undertake and fund the Project for a not to exceed cost of $3.5 million dollars; and WHEREAS, in furtherance of the foregoing, and subject to said referendum (the “Referendum”) as provided for herein, the Town authorizes the issuance of its general obligations bonds in an aggregate principal amount not exceeding $3.5 million dollars for the principal purpose of financing, all or in part, together with other legally available funds, the cost of acquiring, constructing, equipping and improving the Project (the “Bonds”). The Bonds shall be general obligations of the Town, shall pledge the full faith, credit and ad valorem taxing power of the Town and shall be payable from ad valorem taxes levied without limit as to rate or amount on all taxable property in the Town. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA: Section 1. Findings adopted. The findings of the Town Commission set forth in the foregoing recitals are hereby adopted as true and correct statements and specifically made a part of this enabling resolution (“Resolution”). Section 2. Issuance of Bonds. Subject to the herein described Referendum and the provisions of this Resolution, the Town authorizes the issuance of the Bonds in an aggregate principal amount not exceeding $3,500,000 for the principal purpose of financing, all or in part, together with other legally available funds, the cost of acquiring, constructing, equipping and improving the Project, in one or more series, maturing at such time or times not exceeding __ years from their date or dates of issuance and bearing interest at a rate or rates not exceeding the legal maximum rate of interest at the time of sale, all as shall be determined by resolution or ordinance of the Town prior to the time of sale thereof. Proceeds of the Bonds will also be applied to fund necessary reserves, pay costs of issuance and fund other costs necessary or incidental to the issuance of such Bonds and the related Project. The Bonds shall be general obligations of the Town, shall pledge the full faith, credit and ad valorem taxing power of the Town and shall be payable from ad valorem taxes levied by the Town without limit as to rate or amount on all taxable property within the Town. To the extent required by the Town’s Charter, the issuance of any particular Bonds (or series of Bonds), if approved at the Referendum, shall be authorized by ordinance enacted or resolution adopted by the Town Commission. Nothing in this Resolution shall be deemed to require the Town to issue any or all of the Bonds, if same are approved at the Page 17 Resolution No. 2023-031 3 Referendum and/or to apply proceeds of the Bonds (or any series thereof), if issued, to finance any specific components of the Project. Section 3. Referendum declared. A referendum election is hereby called for and shall be held in the Town on the 19th day of March, 2024, to determine whether or not a majority of the electors voting in the referendum support the Project and the issuance of general obligation bonds to finance the Project as described in this Resolution (“Referendum”). Section 4. Ballot title. The ballot title which is the subject of this Referendum election shall be commonly referred to as “Financing and Implementation of Sanitary Sewer Lining Rehabilitation Project.” Section 5. Ballot summary. There shall be placed on the March 19, 2024, election ballot the following ballot question: SHALL THE TOWN OF HIGHLAND BEACH UNDERTAKE AND FUND A SANITARY SEWER LINING REHABILITATION PROJECT FOR A 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 BONDS) _______ NO (AGAINST BONDS) Section 6. Conduct of Referendum. The Town shall determine the polling locations or places in coordination with the Palm Beach County Supervisor of Elections, and all qualified electors of the Town of Highland Beach, Florida, who vote in the Referendum shall vote at those designated polling places. The polls shall be opened on the date of the Referendum from 7:00 a.m. until 7:00 p.m. on the same day. Only the duly qualified electors of the Town of Highland Beach, Florida, shall be permitted to vote on this Referendum question. Section 7. Notice and advertising of the Referendum. The Town Clerk shall prepare and give notice of the proposed Referendum by causing appropriate notice to be published in accordance with the provisions of Section 100.342, Florida Statutes, which provides for at least one publication each week during the third and fifth weeks preceding the week in which the Referendum is to be held. The publications shall be placed in a newspaper of general circulation within the Town. The Town Clerk shall secure from the publisher of the newspaper, an appropriate affidavit of proof that the statutorily required Referendum notices have been duly published, as herein set forth, and these two affidavits shall be part of the record of the Town Commission. Page 18 Resolution No. 2023-031 4 Section 8. Canvassing. The election returns of the Referendum shall be canvassed in the manner provided by law, and the returns shall be certified to the Town Commission, which shall declare the result thereof. Upon canvassing the returns of the Referendum, the result of the Referendum shall be recorded in the minutes of the Town Commission in the manner prescribed by law. Section 9. Referendum results. If a majority of the votes cast for the ballot question shall be “YES,” the Bonds shall be approved, and such Bonds may be issued in one or more series, from time to time, as the Town Commission may in its discretion hereafter determine by subsequent proceedings of the Town Commission. If a majority of the votes cast for the ballot question shall be “NO,” the Bonds shall be defeated and such Bonds shall not be issued. The approval or defeat of the ballot question considered at the Referendum shall not impact the approval or defeat of any other ballot question considered at the same time as the Referendum. If approved at the Referendum, the appropriate representatives of the Town are authorized to seek judicial validation by the Circuit Court in and for the 15th Judicial Circuit of the State of Florida of the Bonds so approved. Section 10. Severability. If any provision of this Resolution shall be held or deemed to be or shall, in fact, be illegal, inoperative or unenforceable in any context, the same shall not affect any other provision herein or render any other provision (or such provision in any other context) invalid, inoperative or unenforceable to any extent whatsoever. Section 11. Conflicts. All resolutions or parts thereof in conflict herewith are hereby repealed. Page 19 Resolution No. 2023-031 5 Section 12. Effective Date. The Resolution shall take effect immediately upon passage. 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 20 File Attachments for Item: B. Ordinance No. 2023-004 An Ordinance of the Town Commission of the Town of Highland Beach, Florida, calling for a Referendum of the Qualified Electors of the Town of Highland Beach to be held on March 19, 2024, as to whether the Funding Limitation of $350,000, set forth in Section 2.01(30) of the Town of Highland Beach Charter, shall 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 (MSA); providing for notice and advertising of the referendum; providing for referendum canvassing; providing for severability, the repeal of laws in conflict, codification, and an effective date. Page 21 TOWN OF HIGHLAND BEACH ORDINANCE NO. 2023-004 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, CALLING FOR A REFERENDUM OF THE QUALIFIED ELECTORS OF THE TOWN OF HIGHLAND BEACH TO BE HELD ON MARCH 19, 2024, AS TO WHETHER THE FUNDING LIMITATION OF $350,000, SET FORTH IN SECTION 2.01(30) OF THE TOWN OF HIGHLAND BEACH CHARTER, SHALL 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 (MSA); PROVIDING FOR NOTICE AND ADVERTISING OF THE REFERENDUM; PROVIDING FOR REFERENDUM CANVASSING; PROVIDING FOR SEVERABILITY, THE REPEAL OF LAWS IN CONFLICT, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the Town of Highland Beach, Florida, is a duly constituted municipality having such power and authority conferred upon it by the Florida Constitution and Chapter 166, Florida Statutes; and WHEREAS, a Charter for the Town of Highland Beach, Florida (the “Town”) was created and adopted pursuant to the Constitution and applicable laws of the State of Florida; and WHEREAS, pursuant to Section 166.021, Florida Statutes, the Town has the governmental, corporate and proprietary powers to enable it to conduct municipal government; and WHEREAS, pursuant to Section 166.021(4), Florida Statutes, the Town Charter may be amended through the Town’s exercise of its authority, including the amendment of those portions of its Charter which require a referendum, provided that a majority of the electors in a referendum affirmatively vote to amend the Charter; and WHEREAS, Section 166.031, Florida Statutes, authorizes the governing body of a municipality to submit proposed amendments to the Charter of the municipality in the form of an ordinance to the electors of the municipality; and WHEREAS, the Town Commission hereby finds that it is in the best interests of the Town and serves the public health, welfare and safety to adjust the funding limitation of $350,000, set forth in the Town’s Charter at Section 2.01(30), to $900,000 to account for the past 32 years of inflation and, thereafter, to adjust the limitation annually on June 1st (beginning in 2025) in accordance with the Regional Consumer Price Index (Metropolitan Statistical Area (MSA)); and WHEREAS, the Town Commission deems it to be in the best interests of the Town and serving a valid public purpose to conduct a referendum on the question of whether the funding Page 22 Ordinance No. 2023-004 2 limitation of $350,000, set forth in Section 2.01(30) of the Charter of the Town of Highland Beach, 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 (MSA) (the “Referendum”). NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AS FOLLOWS: Section 1. Findings adopted. The findings of the Commission set forth in the foregoing recitals are hereby adopted as true and correct statements and specifically made a part of this Ordinance. Section 2. Referendum declared. A Referendum is hereby called for and shall be held in the Town on the 19th day of March, 2024, to determine whether or not a majority of the electors voting in the Referendum support the proposed amendment to the Town Charter, as set forth in this Ordinance. Section 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 “Funding Limitation.” Section 4. Conduct of Referendum. The Town shall determine the polling locations or places in coordination with the Palm Beach County Supervisor of Elections, and all qualified electors of the Town of Highland Beach, Florida who vote in the Referendum shall vote at those designated polling places. The polls shall be opened on the date of the Referendum on the proposed Town of Highland Beach, Florida Charter Amendment from 7:00 a.m. until 7:00 p.m. on the same day. Only the duly qualified electors of the Town of Highland Beach, Florida shall be permitted to vote on this Referendum question. Section 5. Notice and advertising of the Referendum. The Town Clerk shall prepare and give notice of the proposed Charter Amendment by causing appropriate notice to be published in accordance with the provisions of Section 100.342, Florida Statutes, which provides for at least one publication each week during the third and fifth weeks preceding the week in which the Referendum to consider the proposed Charter Amendment is to be held. The publications shall be placed in a newspaper of general circulation within the Town. The Town Clerk shall secure from the publisher of the newspaper, an appropriate affidavit of proof that the statutorily required Referendum notices have been duly published, as herein set forth and these two affidavits shall be part of the record of the Town Commission. Section 6. Ballot summary. The ballot summary of the proposed Charter amendment shall be: SHALL THE FUNDING LIMITATION OF $350,000, ESTABLISHED IN 1992 AND 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 Page 23 Ordinance No. 2023-004 3 AND BE ADJUSTED ANNUALLY THEREAFTER ON JUNE 1ST (BEGINNING IN 2025) IN ACCORDANCE WITH THE REGIONAL CONSUMER PRICE INDEX? ______ YES (FOR APPROVAL) ______ NO (AGAINST APPROVAL) Section 7. Charter amendment. In the event that the majority of electors of the Town voting in the Referendum vote affirmatively to adopt the amendments to Article II, Section 2.01(30) of the Town Charter, then said Section shall be amended to read as follows: Section 2.01. – Enumeration of Powers *** (30) Funding limitation. Any single project or cumulation of projects, or extension of Town services requiring an allocation of more than $900,000.00350,000.00 in any given fiscal year shall not be funded until the purposes and amounts of such allocations shall first have been approved by the majority of votes cast in an election of qualified electors residing within the Town. Exceptions to this would be a natural catastrophe defined as a sudden and extraordinary misfortune, unforeseen mischance bringing with it the destruction of life and/or property, as well as litigation settlement. Such election shall only be held between November 1 of a given year through April 1 of the following year. The amount of the funding limitation shall be automatically adjusted annually on June 1st (beginning in 2025) in accordance with the Regional Consumer Price Index (MSA). Section 8. Canvassing. The election returns of the Referendum shall be canvassed in the manner provided by law, and the returns shall be certified to the Town Commission, which shall declare the result thereof. Upon canvassing the returns of the Referendum, the result of the Referendum shall be recorded in the minutes of the Town Commission in the manner prescribed by law. Section 9. 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 10. Repeal of Laws in Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 11. Codification. Section 7 of the Ordinance may be made a part of the Town Charter 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. Page 24 Ordinance No. 2023-004 4 Section 12. 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 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 25 File Attachments for Item: C. Ordinance No. 2023-005 An Ordinance of the Town Commission of the Town Of Highland Beach, Florida, calling for a Referendum of the Qualified Electors of the Town Of Highland Beach to be held on March 19, 2024, as to whether the Town Of Highland Beach shall amend its Charter at Article I, Section 1.06(7) to provide the Town Commission the discretion to designate, by resolution, the Palm Beach County Canvassing Board to serve as Highland Beach's canvassing board during the uniform municipal elections; providing for notice and advertising of the referendum; providing for referendum canvassing; providing for severability, the repeal of laws in conflict, codification, and an effective date. Page 26 TOWN OF HIGHLAND BEACH ORDINANCE NO. 2023-005 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, CALLING FOR A REFERENDUM OF THE QUALIFIED ELECTORS OF THE TOWN OF HIGHLAND BEACH TO BE HELD ON MARCH 19, 2024, AS TO WHETHER THE TOWN OF HIGHLAND BEACH SHALL AMEND ITS CHARTER AT ARTICLE I, SECTION 1.06(7) TO PROVIDE THE TOWN COMMISSION THE DISCRETION TO DESIGNATE, BY RESOLUTION, THE PALM BEACH COUNTY CANVASSING BOARD TO SERVE AS HIGHLAND BEACH’S CANVASSING BOARD DURING UNIFORM MUNICIPAL ELECTIONS; PROVIDING FOR NOTICE AND ADVERTISING OF THE REFERENDUM; PROVIDING FOR REFERENDUM CANVASSING; PROVIDING FOR SEVERABILITY, THE REPEAL OF LAWS IN CONFLICT, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the Town of Highland Beach, Florida, is a duly constituted municipality having such power and authority conferred upon it by the Florida Constitution and Chapter 16 6, Florida Statutes; and WHEREAS, a Charter for the Town of Highland Beach, Florida (the “Town”) was created and adopted pursuant to the Constitution and applicable laws of the State of Florida; and WHEREAS, pursuant to Section 166.021, Florida Statutes, the Town has the governmental, corporate and proprietary powers to enable it to conduct municipal government; and WHEREAS, pursuant to Section 166.021(4), Florida Statutes, the Town Charter may be amended through the Town’s exercise of its authority, including the amendment of those portions of its Charter which require a referendum, provided that a majority of the electors in a referendum affirmatively vote to amend the Charter; and WHEREAS, Section 166.031, Florida Statutes, authorizes the governing body of a municipality to submit proposed amendments to the Charter of the municipality in the form of an ordinance to the electors of the municipality; and WHEREAS, the Town Commission hereby finds that it is in the best interests of the Town and serves the public health, welfare and safety to amend its Charter at Article I, Section 1.06(7) to allow the town commission to delegate, by resolution, the Palm Beach County Canvassing Board to serve as Highland Beach’s canvassing board during Uniform Municipal Elections; and WHEREAS, the Town Commission deems it to be in the best interests of the Town and serving a valid public purpose to conduct a referendum on the question of whether the Town’s Charter at Article I, Section 1.06(7) should be amended to provide the town commission the Page 27 Ordinance No. 2023-005 2 discretion to designate, by resolution, the Palm Beach County Canvassing Board to serve as Highland Beach’s canvassing board during Uniform Municipal Elections (the “Referendum”). NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AS FOLLOWS: Section 1. Findings adopted. The findings of the Commission set forth in the foregoing recitals are hereby adopted as true and correct statements and specifically made a part of this Ordinance. Section 2. Referendum declared. A Referendum is hereby called for and shall be held in the Town on the 19th day of March, 2024, to determine whether or not a majority of the electors voting in the Referendum support the proposed amendment to the Town Charter, as shown in this Ordinance. Section 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 “Option to Palm Beach County Canvassing Board.” Section 4. Conduct of Referendum. The Town shall determine the polling locations or places in coordination with the Palm Beach County Supervisor of Elections, and all qualified electors of the Town of Highland Beach, Florida who vote in the Referendum shall vote at those designated polling places. The polls shall be opened on the date of the Referendum on the proposed Town of Highland Beach, Florida Charter Amendment from 7:00 a.m. until 7:00 p.m. on the same day. Only the duly qualified electors of the Town of Highland Beach, Florida shall be permitted to vote on this Referendum question. Section 5. Notice and advertising of the Referendum. The Town Clerk shall prepare and give notice of the proposed Charter Amendment by causing appropriate notice to be published in accordance with the provisions of Section 100.342, Florida Statutes, which provides for at least one publication each week during the third and fifth weeks preceding the week in which the Referendum to consider the proposed Charter Amendment is to be held. The publications shall be placed in a newspaper of general circulation within the Town. The Town Clerk shall secure from the publisher of the newspaper, an appropriate affidavit of proof that the statutorily required Referendum notices have been duly published, as herein set forth and these two affidavits shall be part of the record of the Town Commission. Section 6. Ballot summary. The ballot summary of the proposed Charter amendment shall be: SHALL THE TOWN OF HIGHLAND BEACH AMEND ITS CHARTER AT ARTICLE I, SECTION 1.06(7) TO PROVIDE THE TOWN COMMISSION THE DISCRETION TO DESIGNATE, BY RESOLUTION, THE PALM BEACH COUNTY CANVASSING BOARD TO SERVE AS HIGHLAND BEACH’S CANVASSING BOARD DURING UNIFORM MUNICIPAL ELECTIONS? Page 28 Ordinance No. 2023-005 3 ______ YES (FOR APPROVAL) ______ NO (AGAINST APPROVAL) Section 7. Charter amendment. In the event that the majority of electors of the Town voting in the Referendum vote affirmatively to adopt the amendment to Article I, Section 1.06(7) of the Town Charter, then said sections shall be amended to read as follows: Section 1.06. – Town Commission Created; Election; Terms; Town Clerk; Qualifications of Electors; General Election Law. *** (7) The town clerk or designee of the clerk along with the supervisor of elections or the designee of that office shall canvass and certify returns of all town elections in the manner provided for in sec. 100.3605, Fla. Stat., as amended from time to time. Additionally, the town commission shall appoint one commission member, which may include the mayor, whose seat is not scheduled to be voted upon, who shall serve as the third member of the canvassing board. If any member of the canvassing board is unwilling or unable to serve, the town commission shall appoint another commission member as a replacement. Two members of the canvassing board shall constitute a quorum. In the alternative, when deemed in the best interest of the town, the town commission may designate the Palm Beach County Canvassing Board to serve as town’s canvassing board by resolution. The town commission has the sole discretion to determine whether to retain or designate its canvassing duties for the Uniform Municipal election. Section 8. Canvassing. The election returns of the Referendum shall be canvassed in the manner provided by law, and the returns shall be certified to the Town Commission, which shall declare the result thereof. Upon canvassing the returns of the Referendum, the result of the Referendum shall be recorded in the minutes of the Town Commission in the manner prescribed by law. Section 9. 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 10. Repeal of Laws in Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 11. Codification. Section 7 of the Ordinance may be made a part of the Town Charter 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 12. Effective Date. This Ordinance shall be effective immediately upon adoption at second reading. Page 29 Ordinance No. 2023-005 4 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 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 30 File Attachments for Item: D. Proposed Ordinance An Ordinance of the Town Commission of the Town of Highland Beach, Florida, amending the Administrative Amendments to the 7th (2020) Edition of the Florida Building Code to update and amend the requirements for reinspection and recertification of existing threshold buildings and other buildings owned by a condominium or cooperative association; providing for the repeal of all ordinances in conflict; providing for severability and codification; and providing for an effective date. Page 31 TOWN OF HIGHLAND BEACH AGENDA MEMORANDUM MEETING TYPE: Commission Meeting MEETING DATE 10/17/2023 SUBMITTED BY: Jeff Remas, Building Department SUBJECT: Milestone Inspection Update / Changes in State Statutes SUMMARY: AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING THE ADMINISTRATIVE AMENDMENTS TO THE 7TH (2020) EDITION OF THE FLORIDA BUILDING CODE TO UPDATE AND AMEND THE REQUIREMENTS FOR REINSPECTION AND RECERTIFICATION OF EXISTING THRESHOLD BUILDINGS AND OTHER BUILDINGS OWNED BY A CONDOMINIUM OR COOPERATIVE ASSOCIATION; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY AND CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. FISCAL IMPACT: No fiscal impact ATTACHMENTS: Ordinance RECOMMENDATION: Staff recommends approval to comply with State Statutes. Page 32 TOWN OF HIGHLAND BEACH PROPOSED ORDINANCE AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING THE ADMINISTRATIVE AMENDMENTS TO THE 7TH (2020) EDITION OF THE FLORIDA BUILDING CODE TO UPDATE AND AMEND THE REQUIREMENTS FOR REINSPECTION AND RECERTIFICATION OF EXISTING THRESHOLD BUILDINGS AND OTHER BUILDINGS OWNED BY A CONDOMINIUM OR COOPERATIVE ASSOCIATION; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY AND CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town of Highland Beach, Florida (the “Town”), is a duly constituted municipality having such power and authority conferred upon it by the Florida Constitution and Chapter 166, Florida Statutes; and WHEREAS, through the adoption of Ordinance No. 2021-011 on November 16, 2021, the Town adopted Administrative Amendments to the 7th (2020) Edition of the Florida Building Code to provide for the periodic reinspection and recertification of certain types of existing buildings to assess structural soundness and require building owners to address unsafe conditions as determined by a professional structural and/or electrical engineer; and WHEREAS, due the adoption of Chapter 2022-269, Laws of Florida, the Florida Legislature adopted certain inspection requirements for buildings owned by condominium associations and cooperative associations, and through the adoption of Ordinance No. 2022-008 September 6, 2022, the Town amended its Administrative Amendments to the Florida Building Code to conform to the state law requirements; and WHEREAS, through the enactment of Chapter 2023-203, Laws of Florida, the Florida Legislature adopted certain amendments to its inspection requirements, and the Town wishes to again amend its Administrative Amendments to the Florida Building Code to conform to the state law requirements and clarify existing requirements; and WHEREAS, the Town Commission determines 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. Page 33 Proposed Ordinance Page 2 of 10 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 hereby amends the Administrative Amendments to the 7th (2020) Edition of the Florida Building Code, by amending Subsection 110.0 of Section 110, “Inspections,” of Chapter 1 to read as follows (additional language is underlined and deleted language is stricken through): 110.9 Recertification of buildings and components: (1) In General (a) The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection (a), except where the context clearly indicates a different meaning: “Association building” means any building that does not fall within the definition of a threshold building and is owned, in whole or in part, by a condominium association or cooperative association, is three stories or more in height and contains at least four dwelling units. "Building age" shall mean the time period since the issuance of the original certificate of occupancy or, where adequate records are not available to determine when the original certificate of occupancy was issued, the building age shall be determined by the Building Official based on the best available evidence. "Owner'' shall mean the fee simple title holder of the land on which a building subject to recertification is situated or, in the case of condominium or cooperative type of ownership, shall mean the person or entity responsible for the structure and common systems of a building subject to recertification. “Phase one milestone inspection" shall mean a visual inspection of the habitable and nonhabitable areas of a building, including the major structural components of a building and shall include a the inspector’s qualitative assessment of the structural conditions of the building and the Page 34 Proposed Ordinance Page 3 of 10 inspector’s determination of whether such assessment indicates substantial structural deterioration necessitating a phase two inspection. A phase one milestone inspection shall also include an inspection by a professional electrical engineer certifying and attesting that such building is electrically safe or identifying any major or critical deficiencies in the electrical system and the repairs or alterations necessary to make the building electrically safe, including a recommended timeframe for such repairs. At a minimum, the following electrical components/equipment, where present, shall be evaluated: electrical service, branch circuits, conduit raceways and emergency lighting. “Phase two milestone inspection” shall mean an inspection involving destructive or non-destructive testing, at the inspector’s discretion, necessary to fully assess areas of structural distress in order to confirm that the building is structurally sound and safe for its intended use and shall include recommendations for fully assessing and repairing distressed and damaged portions of the building. “Substantial structural deterioration” means substantial structural distress or substantial structural weakness that negatively affects a building’s general structural condition and integrity. "Threshold building" means any building which is greater than three stories or fifty (50) feet in height, or which has an assembly occupancy classification as defined in the Florida Building Code which exceeds five thousand square feet in area and an occupant content of greater than five hundred (500) persons as defined in Section 553.71(12), Florida Statutes, as may be amended from time to time. “Recertification” means the completion of a phase one milestone inspection and, where required, the completion of a phase two milestone inspection and all necessary major or critical repairs as determined by the applicable inspector in accordance with the terms of this section. (b) Due to local circumstances and the proximity to salt water, Aany threshold building or association building that has a building age of twenty-five (25) Page 35 Proposed Ordinance Page 4 of 10 years or more shall be subject to recertification as provided in this section. Subsequent recertification shall be required at intervals of ten (10) years from the date the first such recertification was required for threshold buildings with a building age of up to forty (40) years and at intervals of seven (7) years for threshold buildings with a building age of more than forty (40) years. (c) Beginning on October 19, 2021, due to the initial backlog of buildings required to be recertified, the Building Official shall establish a completion schedule for recertification, which shall be based upon factors that may include, but shall not be limited to, the age, location, construction materials, occupancy load, and function of a building. This completion schedule shall include a recertification deadline for each building for which recertification is required and may be amended by the Building Official as necessary or advisable. If recertification is required for a building for which a certificate of occupancy was issued on or before July 1, 1997, the phase one milestone inspection must be performed before December 31, 2024. (d) Nothing in this section shall be construed to prevent or limit the Building Official's authority to inspect, order inspections or reports, or abate unsafe conditions at existing buildings outside of the requirements of this section, including but not limited to, the Building Official ’s authority pursuant to Section 116 of this chapter regarding Unsafe Structures and Equipment or any other provision in the Town Code of Ordinances. The Building Official retains the authority set forth in Section 116 to declare a structure, building or an electrical, gas, mechanical or plumbing system as unsafe in accordance with the criteria set forth in that section. (2) Procedure. (a) The Building Official shall issue a Notice of Required Inspection, via certified mail, to the Owner of each building required to be recertified pursuant to subsection (1) above, not less than one hundred and eighty (180) days prior to the scheduled deadline for the filing of a phase one milestone inspection report. In the event that the Notice of Required Inspection is Page 36 Proposed Ordinance Page 5 of 10 returned unclaimed, said Notice shall be posted by the Building Official at the building. Failure to receive notice of any required inspection shall not relieve the Owner of its obligations pursuant to this section. (b) The Owner or Owners of a building or structure subject to recertification shall submit, or cause to be submitted, to the Building Official, no later than the recertification deadline, a phase one milestone inspection report ("Phase One Report"). If the qualitative assessment set forth in the Phase One Report reveals no signs of substantial structural deterioration to any building components under visual examination, no phase two milestone inspection report shall be required, provided, however, that the Owner must still correct any major or critical deficiencies in the electrical system within the recommended timeframe. (c) Inspections of threshold buildings shall be performed by a certified special inspector of threshold buildings (a professional or structural engineer or architect registered in the State of Florida and qualified by training and experience). Inspections of association buildings may be performed by a licensed architect or engineer registered in the State of Florida or a team of professionals with an architect or engineer acting as a registered design profession in responsible charge with all work and reports signed and sealed by the appropriate qualified team member. All reports shall bear the name, business address, State of Florida registration number, and impressed or electronic seal and signature of the certified special inspector, engineer or architect who has performed the inspection. Electronically signed and sealed documents shall meet all applicable statutory and administrative code requirements. (d) If any substantial structural deterioration is identified in the Phase One Report, the Owner shall be required to undergo a phase two milestone inspection and file a phase two milestone inspection report (“Phase Two Report”). Wwithin one hundred and eighty (180) days after submitting the Phase One Report, the architect or engineer performing the Phase Two Report must submit a phase two progress report to the Building Official Page 37 Proposed Ordinance Page 6 of 10 with a timeline for completion of the phase two inspection. The Phase Two Report shall note the location address and property control number of the building, describe the type of construction and general characteristics of the building (including but not limited to total floor area, height and number of stories, building footprint and similar characteristics), the existence of drawings and location thereof, history of the building to the extent reasonably known, and describe the type and manner of the inspection, noting areas any issues of concern, and shall include recommendations for repairs required to maintain the structural integrity of the building, and the estimated time of completion of said repairs or modifications. The Phase Two Report must take into account two basic structural considerations: (1) movement of structural components with respect to each other; and (2) deterioration of materials and any effect on the structural integrity of the building. The Phase Two Report shall include the manner in which the inspection occurred of the following structural elements, as applicable: foundation, masonry bearing walls, steel framing system, floor systems, roof systems, concrete framing systems, windows, wood framing, and loading. The Town is not mandating any particular inspection method; however, the Phase Two Report shall discuss the use or non-use of the standard structural inspection methods and the reasoning behind their use or non-use. These methods may include, but not be limited to: the visual examination method; the testing method; and the manual (forensic inspection) method. For major structure elements such as foundations, masonry bearing walls, steel framing systems, roof systems, and concrete framing systems, manual (forensic inspection) methods, such as chipping small areas of concrete and surface finishes for closer examination, are strongly encouraged. (e) The use of the manual (forensic inspection) method for certain structural elements as encouraged above shall be documented by photographic or other similar evidence, which shall be included in the Phase Two Report. (3) Building Official Review of Phase Two Report. Page 38 Proposed Ordinance Page 7 of 10 Once the Phase Two Report has been submitted to the Building Official, the Building Official will perform an administrative review of the Report to determine whether it satisfied the requirements of this section. The Building Official will not review or otherwise assess the architect or engineer’s technical findings. If the Building Official determines that the Phase Two Report does not satisfy the requirements of this section, the Owner shall make any changes to the Phase Two Report as needed and resubmit it no later than thirty (30) days after the Building Official's determination. The Phase Two Report may be resubmitted in this manner up to two (2) additional times after the initial submission until the Phase Two Report is determined to have satisfied the requirements of this section. If the Building Official determines after a third submittal that the Phase Two Report does not satisfy the requirements of this section, this shall be a deemed a failure to submit the require recertification inspection report, and shall subject the Owner to the remedies prescribed in subsection (5) of this section. The Building Official’s determination shall be in writing and shall be provided to the Owner via certified and first-class mail. (4) Timeframe to Make Repairs or Modifications. The Owner shall correct all major or critical structural or electrical deficiencies identified in the Phase Two Report in accordance with the inspector’s recommended timeframe. Notwithstanding the foregoing, all repairs shall be completed within a maximum of three hundred and sixty-five (365) days from the date the Building Official accepts a complete Phase Two Report satisfying the requirements of this section. Once the repairs or modifications have been completed, the inspector or shall reinspect the areas noted on the original report and shall provide the owner a signed and sealed letter stating that the repairs or modifications have all been completed. The owner shall submit that letter to the Building Official. Depending on the scope of work, the Building Official may grant extensions to the either the recommended or maximum timeframes to allow the work to be completed in phases or when justified by the totality of the circumstances. and no I request for extension shall be unreasonably denied. The Building Official’s decision regarding an Owner’s request for an extension shall be Page 39 Proposed Ordinance Page 8 of 10 in writing and provided to the Owner via certified and first-class mail. If, at any time, the Building Official determines that structural and/or electrical deficiencies exist that present an immediate danger to human life or safety, the Building Official may take such actions determined necessary pursuant to Section 116 of this chapter regarding Unsafe Structures and Equipment, regardless of the procedural requirements or timeframes specified in this section. (5) Failure to Submit a Recertification Inspection Report or Timely Make Repairs/Modifications. In the event the owner fails to submit any required report by the specified deadline, fails to make changes and resubmit the Phase Two Report within the required timeframes upon a determination that the Phase Two Report does not satisfy the requirements of this section, or fails to complete (subject to all required permits) any major or critical repairs or modifications within the required timeframes, the Building Official may seek an order of enforcement through the Town’s code enforcement process or any other legal or equitable remedy provided by law. The Building Official may extend the date by which a building’s phase one milestone inspection must be completed upon a showing of good cause by the owner or owners of the building that the inspection cannot be timely completed if the owner or owners have entered into a contract with an architect or engineer to perform the milestone inspection and the inspection cannot reasonably be completed before the deadline or other circumstances justify an extension. (6) Appeals. The Building Official’s written determination, after three submittals, that the Phase Two Report submitted pursuant to subsection (3) above did not satisfy the requirements of that section and/or the Building Official’s written denial of an extension to the requested timeframe for completion of repairs or modifications pursuant to subsection (4) above shall be final, subject only to the filing of a Petition for Writ of Certiorari in the Circuit Court in and for Palm Beach County, Florida within thirty (30) days of the date of the written determination or written denial. Page 40 Proposed Ordinance Page 9 of 10 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. Sections 2 of the Ordinance shall be made a part of the Town of Highland Beach Administrative Code, Chapter 1 for the 7th (2020) Edition of the Florida Building Code and may be re-numbered or re-lettered to accomplish such. 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 Commissioner Judith M. Goldberg Page 41 Proposed Ordinance Page 10 of 10 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 42 File Attachments for Item: A. Approval of Meeting Minutes October 03, 2023 Town Commission Meeting Minutes Page 43 TOWN OF HIGHLAND BEACH TOWN COMMISSION MEETING MINUTES LIBRARY COMMUNITY ROOM 3618 S. OCEAN BLVD HIGHLAND BEACH, FL Date: October 03, 2023 Time: 1:30 PM 1. CALL TO ORDER Mayor Moore called the meeting to order at 1:30 P.M. 2. ROLL CALL Commissioner Judith Goldberg Commissioner Donald Peters Commissioner Evalyn David Vice Mayor David Stern Mayor Natasha Moore Town Manager Marshall Labadie Town Attorney Glen Torcivia Town Clerk Lanelda Gaskins 3. PLEDGE OF ALLEGIANCE The Town Commission lead the Pledge of Allegiance to the United State of America. 4. APPROVAL OF THE AGENDA MOTION: David/Stern – Moved to approve the agenda as presented, which passed unanimously 5 - 0. 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. Mayor Moore recognized and commended Father D. Brian Horgan for his 25th Anniversary of priestly ordination. MOTION: David/Goldberg – Moved to approve Resolution No. 2023-028, which passed unanimously 5 - 0. Page 44 Town Commission Meeting Minutes Date: October 03, 2023 Page 2 of 10 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. Mayor Moore read the title of Resolution No. 2023-027. MOTION: David/Goldberg – Moved to approve Resolution No. 2023-027 (appointing Ilyne Mendelson), which passed unanimously 5 - 0. 6. PUBLIC COMMENTS There were no public comments. 7. ANNOUNCEMENTS Mayor Moore read the announcements as follows: Board Vacancies Board of Adjustment and Appeals Two (2) vacancies, 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 October 09, 2023 Town Hall Closed in observance of Columbus Day October 10, 2023 1:00 PM Code Enforcement Board Regular Meeting October 12, 2023 9:30 AM Planning Board Regular Meeting October 17, 2023 1:30 PM Town Commission Meeting Board Action Report None. Page 45 Town Commission Meeting Minutes Date: October 03, 2023 Page 3 of 10 8. ORDINANCES 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. Mayor Moore mentioned that the Town Commission discussed this matter extensively at the September 19, 2023 meeting. There were no public comments. MOTION: David/Goldberg – Moved to approve the Proposed Ordinance, which passed unanimously 5 - 0. 9. CONSENT AGENDA (These are items that the Commission typically does not need to discuss individually, and which are voted on as a group.) A. Approval of Meeting Minutes September 19, 2023 Town Commission Meeting Minutes 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 19, 2024 and the Municipal Election, the Primary Election, Tuesday, August 20, 2024, and the General Election, Tuesday, November 5, 2024. MOTION: David/Stern – Moved to approve the Consent Agenda as presented, which passed unanimously 5 - 0. 10. UNFINISHED BUSINESS A. Fire Rescue Implementation Update Mayor Moore read the title of Item 10.A. Fire Chief Glenn Joseph provided an update on Fire Rescue Implementation as follows: Page 46 Town Commission Meeting Minutes Date: October 03, 2023 Page 4 of 10 They are anticipating a covering ceremony towards the end of the month and are taking delivery of more construction material. They are on time and budget. Recruiting process: Conditional job offers have been given to captain candidates. Background checks have been completed on firefighter drivers and they should be giving out conditional job offers this week. Firefighter paramedic interviews are scheduled for the second week of October. Town Manager Labadie mentioned that the project is on schedule and on budget. B. Florida Department of Transportation (FDOT) RRR Project Update Mayor Moore read the title of Item 10.B. Town Manager Labadie reported that there are not a lot of updates, and he will contact FDOT to confirm scheduling. C. Building Department Recertification Program Update Mayor Moore read the title of Item 10.C. Building Official Remas provided an update on the Building Department Recertification Program as follows: Dalton Place has completed all phases. 45 Ocean is under restoration construction, but they have not submitted reports. Beachwalk East has missed the deadline and is nonresponsive to the Building Department. There is a Code Enforcement Case on this matter. 16 buildings have been given extensions which are up in December 2023 and 15 are still due. They are working to obtain compliance with all buildings. D. Continued discussion on proposed referendum questions for the March 2024 election. Mayor Moore read the title of Item 10.D. and presented this item. 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.” Page 47 Town Commission Meeting Minutes Date: October 03, 2023 Page 5 of 10 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 _____? Town Manager Labadie explained Referendum No. 1 must have statutory language and should the Town Commission move forward with this ballot question the maximum ballot language is 75 words. There were discussions about communicating the referendum language to the community. Referendum Language will be added as a standing item on future Town Commission agendas. In addition, there were discussions about communicating to the community by placing an article in the Coastal Star Newspaper and the Town's website. It was also suggested to hold an educational public workshop with a question-and-answer section. Town Attorney Torcivia clarified that this ballot question only requires a resolution and not an ordinance. The Town Commission discussed and suggested the below proposed ballot language: SHALL THE TOWN OF HIGHLAND BEACH FUND A TOWNWIDE SANITARY SEWER LINING REHABILITATION 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 _____? Town Attorney Torcivia explained that the ballot language for Referendum No. 1 and Referendum No. 3 would be resolutions because they are not changing the Town’s charter. The proposed ordinance language will be for Referendum Nos. 2, 4, and 5. Mayor Moore opened public comments. Mr. Richard Greenwald spoke about this matter being on the ballot, wordsmithing the proposed ballot language, and engaging/educating the public. There being no further comments, Mayor Moore closed the public comments. Page 48 Town Commission Meeting Minutes Date: October 03, 2023 Page 6 of 10 It was the consensus of Commissioners Goldberg, Peters, David, Vice Mayor Stern, and Mayor Moore to move forward with the above-mentioned modified proposed ballot language. Town staff will bring the referendum ballot language back as a proposed resolution at the October 17, 2023 Town Commission meeting. 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)? Mayor Moore introduced this item. Town Commission discussions ensued about modifying the proposed ballot language and removing the wording “Metropolitan Statistical Area.” Mayor Moore opened public comments. Mr. Richard Greenwald voiced his reasons the ballot language was not a clean or an ideal solution. Also, there were Town Commission discussions about the previous referendum ballot question concerning the funding limits and why the question failed to pass. Mr. Jason Chudnofsky provided comments on community involvement. There being no further comments, Mayor Moore closed public comments. Commissioners Goldberg, Peters, David, Vice Mayor Stern, and Mayor Moore agreed with the above-referenced proposed ballot language. Town staff will bring the referendum ballot language back as a proposed ordinance at the October 17, 2023 Town Commission meeting. 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 Page 49 Town Commission Meeting Minutes Date: October 03, 2023 Page 7 of 10 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? Town Manager Labadie mentioned that when the initial budget for the fire station was approved it included renovation of the old fire station. Now it appears that there will be money available in the budget to demo the old station and repave. Town Manager Labadie presented preliminary renderings of the old fire station renovation. Mr. Greenwald provided comments about this matter. It was the consensus of the Town Commission to remove the referendum ballot language (Referendum No. 3) and not proceed with it as a ballot question. 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? The Town Commission discussed and suggested the following language: SHALL THE TOWN OF HIGHLAND BEACH AMEND ITS CHARTER AT SECTIONS 1.06(7) AND 1.06(8) TO AUTHORIZE THE COMMISSION BY RESOLUTION TO DELEGATE OR RETAIN CANVASSING DUTIES TO THE COUNTYWIDE CANVASSING BOARD FOR MORE EFFICIENTLY RUN MUNICIPAL ELECTIONS? Page 50 Town Commission Meeting Minutes Date: October 03, 2023 Page 8 of 10 There were no public comments. Commissioners Goldberg, Peters, David, Vice Mayor Stern, and Mayor Moore agreed with the above-referenced proposed ballot language. Town staff will bring the referendum ballot language back as a proposed ordinance at the October 17, 2023 Town Commission meeting. 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)? There were discussions about the salaries of the Mayor and Commissioners. Mayor Moore opened public comments. Mr. Greenwald provided comments about salaries of the Town Commission. He suggested putting this question aside for now and look at it another time. Commissioner Peters, Commissioner David and Mayor Moore agreed to remove the proposed referendum ballot language. Commissioner Goldberg was in favor of keeping it on the ballot but changing the wording and lessening the salary. Vice Mayor Stern was against removing the question unless the Town Commission agrees that it would be reintroduced in the following election (year 2025). There was no consensus on moving forward with the proposed referendum ballot language. 11. NEW BUSINESS 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 51 Town Commission Meeting Minutes Date: October 03, 2023 Page 9 of 10 Mayor Moore read the title of Item 11.A. Town Manager Labadie mentioned this would be the second and final draw for the fire rescue project. There was discussion about the flexibility of the loan and being able to pay it down early. MOTION: David/Stern – Moved to approve and authorize the second draw on the Synovus Bank Loan in the amount of $4,997,900. Upon roll call: Commissioner David (Yes); Vice Mayor Stern (Yes); Commissioner Goldberg (Yes); Commissioner Peters (Yes); and Mayor Moore (Yes). The motion passed unanimously 5 to 0. 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. Mayor Moore read the title of Resolution No. 2023-029. Town Manager Labadie spoke about the Palm Beach County One -Cent Sales Tax to fund local infrastructure projects. MOTION: David/Goldberg – Moved to approve Resolution No. 2023-029. Upon roll call: Commissioner David (Yes); Commissioner Goldberg (Yes); Commissioner Peters (Yes); Vice Mayor Stern (Yes); and Mayor Moore (Yes). The motion passed unanimously 5 to 0. 12. TOWN COMMISSION COMMENTS Commissioner Judith M. Goldberg will be attending the Florida League of Cities Legislative Policy Committee meeting this week (October 6, 2023). Commissioner Donald Peters encouraged the residents to reach out Town Commission concerning their thoughts on the proposed referendum ballot questions. Commissioner Evalyn David agreed with everything said and had nothing to add. Vice Mayor David Stern mentioned it was a great meeting today. Mayor Natasha Moore spoke about the Bel Lido community roads under water due to the king tide. Town Manager Labadie explained that there could be some adjustments to the roads in the future. Mayor Moore allowed public comments. Page 52 Town Commission Meeting Minutes Date: October 03, 2023 Page 10 of 10 Mr. Richard Greenwald spoke about the water in the Bel Lido community. Mayor Moore suggested looking at high tide. She also mentioned that the Town Commission received an email today about more resistance regarding Milani Park. There will be a public meeting in February of 2024. Town Manager Labadie explained that Milani Park will become a standing agenda item. Commissioner David suggested exploring every avenue open to the Town. Commissioner Goldberg commented on the effects on the climate, contiguous plots, and the safety issue in regard to the Milani Park project. 13. TOWN ATTORNEY’S REPORT Town Attorney Torcivia will prepare the proposed ordinances and resolution regarding the referendum ballot language. 14. TOWN MANAGER’S REPORT Town Manager Labadie spoke about ICMA which has been sold to Mission Square which provides retirement plans. They are moving forward with Fiduciary Advisor to evaluate the Town's retirement plan options. 15. ADJOURNMENT The meeting adjourned at 4:17 P.M. APPROVED: October 17, 2023, Town Commission Meeting. ATTEST: Natasha Moore, Mayor Transcribed by Jaclyn DeHart and Lanelda Gaskins 10/17/2023 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 event 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 53 File Attachments for Item: A. Approve and authorize a Right of Way Permit for KMV Fiber Telecom Inc. to bore fiber optic communication cables under State Road A1A starting at the north property line of 4713 South Ocean Boulevard and ending on the west of State Road A1A south property line of 4800 South Ocean Boulevard. Page 54 TOWN OF HIGHLAND BEACH AGENDA MEMORANDUM MEETING TYPE: Town Commission Meeting MEETING DATE October 17, 2023 SUBMITTED BY: Pat Roman, Public Works Director SUBJECT: Approve and authorize ROW Permit for KMV Fiber Telecom Inc. to bore fiber optic communication cables under A1A SUMMARY: KMV Fiber Telecom Inc. Expert Drill LLC, and Blue Stream are collaborating to bore fiber optic communication cables under A1A starting at north property line of 4713 and ending on west of A1A south property line of 4800. Pursuant to Section 25-1 (Chapter 25 Streets, Sidewalks, Bicylce/Walkway Paths, and Right- of-way) telecommunications is an exception in granting a Right-of-way permit and defers to commission for final approval. In accordance with section 25-1 “For work performed within the State Road A1A right -of-way, the permit required by this section is in addition to any permit that is required by the Florida Department of Transportation (FDOT), and the town's issuance of a r ight-of-way permit shall neither impair FDOTs regulatory authority nor otherwise impact any conditions or requirements that may be imposed by FDOT.” FDOT has provided final approval (attached in permit documents). FISCAL IMPACT: $0; All excavation damages will be replaced to as new condition at vendor cost ATTACHMENTS: Blue Stream Fiber Plans – Project KMV-BS-23-102 RECOMMENDATION: Commission approval. Page 55 DRAWING NAME: CHECKED BY: ENGINEERING FIRM: PROJECT NUMBER: LOCATION: KMV-BS-23-102 - BOCA HIGHLANDS, HIGHLAND BEACH.dwg NO. 1 2 3 GIULIANO LEON KMV FIBERTELECOM INC KMV-BS-23-102 4801 S OCEAN BLVD HIGHLAND BEACH, FL 33487 UG FIBER - PROPOSED AERIAL FIBER - EXISTING STRAND - EXISTING INNERDUCT - EXISTING UG FIBER - EXISTING CONDUIT - EXISTING AERIAL FIBER - PROPOSED STRAND - PROPOSED CONDUIT - PROPOSED INNERDUCT - PROPOSED GAS WATER TELEPHONE ELECTRIC SANITARY SEWER (SEW) STORM DRAIN FENCE CABLE TV STEAM OIL UNKNOWN UTILITY LINETYPES RIGHT OF WAY EDGE OF PAVEMENT STREET LIGHT FOC FORCE MAIN TRAFFIC RECLAIMED WATER EASEMENT SITE LOCATION CONFIDENTIAL/PROPRIETARY SHEET: OF 01 08 STA 0+00 START PROJECT: KMV-BS-23-102 - BOCA HIGHLANDS - OSP ADDRESS: 4801 S OCEAN BLVD, HIGHLAND BEACH, FL 33487 - CITY OF HIGHLAND BEACH PERMIT CONTACTS KMV Fibertelecom FTGJOB DESCRIPTION SUMMARY DATA 535'DIRECTIONAL BORE TWP :RNG :SEC : PLAT BOOK :PAGE : 47S 43E 9 -- DATE SUBMITTED 08/01/23 BLUE STREAM JONATHAN LARA DESIGN ENGINEER PHONE:954-753-0100 JLARA@BLUESTREAMFIBER.COM EXPERT DRILL LLC MARIO SAGASTUME CONTRACTOR PHONE:703-929-2256 MARIO.S@EXPERTDRILLFL.COM KMV FIBERTELECOM INC SANDRA KARINA VARGAS 10604 NW 48TH ST CORAL SPRINGS FL 33076 PHONE: 954-937-5239 KARINAV@KMVFIBERTELECOM.COM Know what's below. before you dig.Call R STA 5+35 END JURISDICTION: *CITY OF HIGHLAND BEACH 01 - COVER SHEET/SITE LOCATION 02 - OVERALL MAP 03 - CONSTRUCTION NOTES 04 - 04B - PLAN VIEWS & PROFILES 05 - TYPICAL 06 - 08 - MOTS SITE INDEX 3HANDHOLE PERMITTING Page 56 DRAWING NAME: CHECKED BY: ENGINEERING FIRM: PROJECT NUMBER: LOCATION: KMV-BS-23-102 - BOCA HIGHLANDS, HIGHLAND BEACH.dwg NO. 1 2 3 GIULIANO LEON KMV FIBERTELECOM INC KMV-BS-23-102 4801 S OCEAN BLVD HIGHLAND BEACH, FL 33487 CONFIDENTIAL/PROPRIETARY SHEET: OF 02 08 Know what's below. before you dig.Call R S O C E A N B L V D 05 START 0+00 MOT INDEX 102 - 602 CITY OF HIGHLAND BEACH PERMIT END 5+35 SR A 1 A FDOT PERMIT Page 57 DRAWING NAME: CHECKED BY: ENGINEERING FIRM: PROJECT NUMBER: LOCATION: KMV-BS-23-102 - BOCA HIGHLANDS, HIGHLAND BEACH.dwg NO. 1 2 3 GIULIANO LEON KMV FIBERTELECOM INC KMV-BS-23-102 4801 S OCEAN BLVD HIGHLAND BEACH, FL 33487 CONSTRUCTION NOTES TYPICAL UNDERGROUND CONSTRUCTION: -RESTORE ALL SURFACES TO EQUAL OR BETTER CONDITION. -CONTRACTOR TO VERIFY ALL MEASUREMENTS AND DISTANCES PRIOR TO CONSTRUCTION. -CONTRACTOR TO VERIFY LOCATION AND CONDITION OF EXISTING CONDUIT PRIOR TO CONSTRUCTION. -CONTRACTOR SHALL VERIFY ALL PLANS, EXISTING DIMENSIONS AND CONDITIONS ON THE JOB SITE AND IMMEDIATELY NOTIFY THE ENGINEER IN WRITING OF ANY DISCREPANCIES BEFORE PROCEEDING WITH THE WORK. -MAINTAIN MINIMUM 24" VERTICAL AND HORIZONTAL SEPARATION BETWEEN PROPOSED BY BLUE STREAM DUCTS & EXISTING UTILITIES. -MAINTAIN A MIN BENDING RADIUS OF 5' ON ALL DUCT CONFIGURATION. -ANY CHANGES ON PROPOSED RUNNING LINE HAVE TO GET APPROVAL FROM BLUE STREAM CONSTRUCTION MANAGER. FOR CONSTRUCTION: -EXTREME CAUTION TO BE TAKEN TO CONTAIN SLURRY AROUND WORK AREAS NEAR WETLANDS TO AVOID ANY WATER QUALITY ISSUES! -LOCATIONS, ELEVATIONS LOCATIONS, ELEVATIONS AND DIMENSIONS OF EXISTING UTILITIES, STRUCTURES AND OTHER SITE FEATURES SHOWN ON THE DRAWINGS ARE BASED ON LIMITED INVESTIGATION TECHNIQUES AND SHOULD BE CONSIDERED APPROXIMATE ONLY. PLEASE CONTACT SUNSHINE STATE ONE-CALL AT 1-800-432-4770 -CAUTION: EXISTING UNDERGROUND UTILITIES IN AREA. NO ELEVATION RECORDS FOR EXISTING UTILITIES AVAILABLE. CONTRACTOR SHOULD CONTACT SUNSHINE 811, LOCATE ALL UTILITIES AND VERIFY ALL DEPTHS PRIOR TO CONSTRUCTION DESIGN TICKET #212308223 CONFIDENTIAL/PROPRIETARY SHEET: OF 03 08Page 58 DRAWING NAME: CHECKED BY: ENGINEERING FIRM: PROJECT NUMBER: LOCATION: KMV-BS-23-102 - BOCA HIGHLANDS, HIGHLAND BEACH.dwg NO. 1 2 3 GIULIANO LEON KMV FIBERTELECOM INC KMV-BS-23-102 4801 S OCEAN BLVD HIGHLAND BEACH, FL 33487 C/ L C/ L T #4801#4545 #4715 #4713 #4705 #4720 #4722 #4801#4545 CATV TELEPHONE STREET LIGHT STREET LIGHT TRAFFIC ELECTRICFOC FOC FOC TELEPHONEELECTRICGASGAS S OCEAN BLVD / SR A1A 10 0 ' F D O T R O W 50 ' 50 ' 10 0 ' F D O T R O W 50 ' 50 ' 45 ' 29 ' 2'5' DIRECTIONAL BORE MAX BACK REAMER SIZE = 6'' INSTALL (2) 2'' HDPE CONDUITS W/FIBER OPTIC CABLE 120" MINIMUM COVER DIRECTIONAL BORE MAX BACK REAMER SIZE = 6'' INSTALL (2) 2'' HDPE CONDUITS W/FIBER OPTIC CABLE 120" MINIMUM COVER 5+35 - END CITY OF HIGHLAND BEACH PERMIT DIRECTIONAL BORE MAX BACK REAMER SIZE = 6'' INSTALL (2) 2'' HDPE CONDUITS W/FIBER OPTIC CABLE 120" MINIMUM COVER STA 0+00 INSTALL (1) 30''Wx48''Lx36''D HANDHOLE LID = 15K , BOX = 22K LEAVE 100' SLACK STORAGE FOR FUTURE SPLICING REMOVE AND RESTORE 50sq ft OF GRASS TO EQUAL OR BETTER CONDITION BEGIN DIRECTIONAL BORE (535') 0+00 - START CITY OF HIGHLAND BEACH PERMIT STA 4+35 INSTALL (1) 30''Wx48''Lx36''D HANDHOLE LID = 15K , BOX = 22K LEAVE 100' SLACK STORAGE REMOVE AND RESTORE 50sq ft OF GRASS TO EQUAL OR BETTER CONDITION STA 5+35 END DIRECTIONAL BORE TO MATCH CONSTRUCTION WITHIN PRIVATE PROPERTY STA 2+20 INSTALL (1) 30''Wx48''Lx36''D HANDHOLE LID = 15K , BOX = 22K LEAVE 100' SLACK STORAGE REMOVE AND RESTORE 50sq ft OF GRASS TO EQUAL OR BETTER CONDITION WATER MAINWATER SERVICE WATER MAIN WATER SERVICE SANITARY SEWER SANITARY LATERAL CONFIDENTIAL/PROPRIETARY SHEET: OF 04 08 Know what's below. before you dig.Call R PLAN VIEW SCALE: 1"=50' Page 59 DRAWING NAME: CHECKED BY: ENGINEERING FIRM: PROJECT NUMBER: LOCATION: KMV-BS-23-102 - BOCA HIGHLANDS, HIGHLAND BEACH.dwg NO. 1 2 3 GIULIANO LEON KMV FIBERTELECOM INC KMV-BS-23-102 4801 S OCEAN BLVD HIGHLAND BEACH, FL 33487 08.00 07.00 06.00 05.00 04.00 03.00 02.00 01.00 00.00 09.00 10.00 2+503+50 3+004+00 1+502+00 0+501+00 0+00 PROFILE - S OCEAN BLVD / SR A1A (LOOKING WEST) HORIZONTAL SCALE: 1''=50' VERTICAL SCALE: 1''=5' 11.00 12.00 13.00 14.00 15.00 16.00 17.00 18.00 19.00 20.00 TRAFFIC STREET LIGHT DRIVEWAY DRIVEWAY DRIVEWAY 12 0 " M I N GRADE LEVEL STA 0+00 INSTALL (1) 30''Wx48''Lx36''D HANDHOLE LID = 15K , BOX = 22K LEAVE 100' SLACK STORAGE FOR FUTURE SPLICING REMOVE AND RESTORE 50sq ft OF GRASS TO EQUAL OR BETTER CONDITION BEGIN DIRECTIONAL BORE (535') DIRECTIONAL BORE MAX BACK REAMER SIZE = 6'' INSTALL (2) 2'' HDPE CONDUITS W/FIBER OPTIC CABLE 120" MINIMUM COVER STA 4+35 INSTALL (1) 30''Wx48''Lx36''D HANDHOLE LID = 15K , BOX = 22K LEAVE 100' SLACK STORAGE REMOVE AND RESTORE 50sq ft OF GRASS TO EQUAL OR BETTER CONDITION STA 2+20 INSTALL (1) 30''Wx48''Lx36''D HANDHOLE LID = 15K , BOX = 22K LEAVE 100' SLACK STORAGE REMOVE AND RESTORE 50sq ft OF GRASS TO EQUAL OR BETTER CONDITION 12 0 " M I N DIRECTIONAL BORE MAX BACK REAMER SIZE = 6'' INSTALL (2) 2'' HDPE CONDUITS W/FIBER OPTIC CABLE 120" MINIMUM COVER 08.00 07.00 06.00 05.00 04.00 03.00 02.00 01.00 00.00 09.00 10.00 11.00 12.00 13.00 14.00 15.00 16.00 17.00 18.00 19.00 20.00 4+50 STREET LIGHT (BEYOND) CATV 0+00 - START CITY OF HIGHLAND BEACH PERMIT WATER MAIN WATER SERVICE SANITARY LETERAL SANITARY LETERAL CONFIDENTIAL/PROPRIETARY SHEET: OF 04A 08 RECORD ON UTILITY PLANS CONSTRUCTION CONTRACTOR SHALL CALL LOCATES AND SOFT DIG TO DETERMINE UTILITY ELEVATION BEFORE CONSTRUCTION.Know what's below. before you dig.Call R Page 60 DRAWING NAME: CHECKED BY: ENGINEERING FIRM: PROJECT NUMBER: LOCATION: KMV-BS-23-102 - BOCA HIGHLANDS, HIGHLAND BEACH.dwg NO. 1 2 3 GIULIANO LEON KMV FIBERTELECOM INC KMV-BS-23-102 4801 S OCEAN BLVD HIGHLAND BEACH, FL 33487 08.00 07.00 06.00 05.00 04.00 03.00 02.00 01.00 00.00 09.00 10.00 4+00 CROSS SECTION - S OCEAN BLVD / SR A1A (LOOKING NORTH) HORIZONTAL SCALE: 1''=50' VERTICAL SCALE: 1''=5' 11.00 12.00 13.00 14.00 15.00 16.00 17.00 18.00 19.00 20.00 08.00 07.00 06.00 05.00 04.00 03.00 02.00 01.00 00.00 09.00 10.00 11.00 12.00 13.00 14.00 15.00 16.00 17.00 18.00 19.00 20.00 4+50 C/L STREET LIGHT GAS FOC ELECTRIC TELEPHONE STREET LIGHT S OCEAN BLVD / SR A1A 100' FDOT ROW 50'50' 12 0 " M I N DIRECTIONAL BORE MAX BACK REAMER SIZE = 6'' INSTALL (2) 2'' HDPE CONDUITS W/FIBER OPTIC CABLE 120" MINIMUM COVER GRADE LEVEL STA 4+35 INSTALL (1) 30''Wx48''Lx36''D HANDHOLE LID = 15K , BOX = 22K LEAVE 100' SLACK STORAGE REMOVE AND RESTORE 50sq ft OF GRASS TO EQUAL OR BETTER CONDITION 5+00 STA 5+35 END DIRECTIONAL BORE TO MATCH CONSTRUCTION WITHIN PRIVATE PROPERTY 5+50 CATV 5+35 - END CITY OF HIGHLAND BEACH PERMIT WATER MAIN CONFIDENTIAL/PROPRIETARY SHEET: OF 04B 08 RECORD ON UTILITY PLANS CONSTRUCTION CONTRACTOR SHALL CALL LOCATES AND SOFT DIG TO DETERMINE UTILITY ELEVATION BEFORE CONSTRUCTION.Know what's below. before you dig.Call R Page 61 DRAWING NAME: CHECKED BY: ENGINEERING FIRM: PROJECT NUMBER: LOCATION: KMV-BS-23-102 - BOCA HIGHLANDS, HIGHLAND BEACH.dwg NO. 1 2 3 GIULIANO LEON KMV FIBERTELECOM INC KMV-BS-23-102 4801 S OCEAN BLVD HIGHLAND BEACH, FL 33487 CONFIDENTIAL/PROPRIETARY SHEET: OF 05 08 3/8-7 X 4 [102] LONG S.S. HEX HEAD AUGER BOLT 2 PLACES Ø3/8 [16] S.S. FLAT WASHER 2 PLACES 1/2 [13] X 4 [102] PULL SLOT W/ Ø1/4 [6] CENTER PIN (2 PLACES) Ø5/8 [16] THRU HOLE W/ Ø1 1/4 [32] X 1/2 [13] DEEP C'BORE (2 PLACES) QUAZITE LOGO PG3048HS00EV2 SKID RESISTANT SURFACE MS-86 PG3048B856 3/8-7 LAG THREAD SELF ALIGNING, REPLACEABLE S.S. EZ-NUT 2 PLACES 1/2-13 UNC LIFTING BOLT 4 PLACES 24 [610] CABLE RACK 4 PLACES 7 1/2 [191] CABLE RACK HOOK 4 PLACES Ø4 3/4 [121] KNOCKOUT 2 EACH END QUAZITE 30X48X36 ASSEMBLY W/(4) 24" CABLE RACKS & (4) 7 1/2" HOOKS PG3048Z987EV2 TYPICAL DETAIL - # 2 TYPICAL Page 62 DRAWING NAME: CHECKED BY: ENGINEERING FIRM: PROJECT NUMBER: LOCATION: KMV-BS-23-102 - BOCA HIGHLANDS, HIGHLAND BEACH.dwg NO. 1 2 3 GIULIANO LEON KMV FIBERTELECOM INC KMV-BS-23-102 4801 S OCEAN BLVD HIGHLAND BEACH, FL 33487 CONFIDENTIAL/PROPRIETARY SHEET: OF 06 08Page 63 DRAWING NAME: CHECKED BY: ENGINEERING FIRM: PROJECT NUMBER: LOCATION: KMV-BS-23-102 - BOCA HIGHLANDS, HIGHLAND BEACH.dwg NO. 1 2 3 GIULIANO LEON KMV FIBERTELECOM INC KMV-BS-23-102 4801 S OCEAN BLVD HIGHLAND BEACH, FL 33487 CONFIDENTIAL/PROPRIETARY SHEET: OF 07 08 N DO NOT APPLY PROPOSAL UNDERGROUND CONDUITS IN R/W S OCEAN BLVD / SR A1A S OCEAN BLVD / SR A1A 35mph Speed Limit Page 64 DRAWING NAME: CHECKED BY: ENGINEERING FIRM: PROJECT NUMBER: LOCATION: KMV-BS-23-102 - BOCA HIGHLANDS, HIGHLAND BEACH.dwg NO. 1 2 3 GIULIANO LEON KMV FIBERTELECOM INC KMV-BS-23-102 4801 S OCEAN BLVD HIGHLAND BEACH, FL 33487 CONFIDENTIAL/PROPRIETARY SHEET: OF 08 08Page 65 INSPECTION INSP DATE Comments ROW DRIVEWAY TIE-IN ROW SWALE INSPECTION INSP DATE Comments ROW FINAL PROJECT ADDRESSPERMIT #APP23-2144 4801 S OCEAN BLVD HIGHLAND BEACH, FL 33487 PROJECT DESCRIPTIONPARCEL #24-43-47-09-00-001-0100 Blue Stream is proposing to install 535 LF of (2)2"HDPE Conduits W/Fiber Optic Cable and 3 handholes via directional bore. OWNER:BOCA HIGHLAND CENTER INC ADDRESS: 4801 S OCEAN BLVD HIGHLAND BEACH, XX 33487 PHONE:561-416-2134 CONTRACTOR:EXPERT DRILL LLC ADDRESS: 4228 ABERFOYLE AVE FORT PIERCE, FL 34947 PHONE:561-312-4080 CONTRACTOR LICENSE #:CUC1224695 PARENT PERMIT: INSPECTION CARD Town of Highland Beach 3616 South Ocean Blvd., Highland Beach, Fl 33487 561-278-4540 1 of 2Page 66 "WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT." "NOTICE: IN ADDITION TO THE REQUIREMENTS OF THIS PERMIT, THERE MAY BE ADDITIONAL RESTRICTIONS APPLICABLE TO THIS PROPERTY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY, SUCH AS THE REQUIREMENT FOR HOME OR PROPERTY OWNERS ASSOCIATION APPROVAL, AND THERE MAY BE ADDITIONAL PERMITS REQUIRED FROM OTHER GOVERNMENTAL ENTITIES SUCH AS WATER MANAGEMENT DISTRICTS, STATE AGENCIES OR FEDERAL AGENCIES." "It is the responsability of the permit holder of each phase of work to procure inspections as required and to verify approvals before proceeding to the next phase. No inspections will be performed unless the permit card is displayed an approved plans are readily available. A permit is considered NULL and VOID if an approved inspection is not received within six (6) months from the issuance of this permit or after the last approved inspection. FBC105.4.1 as amended." Please find your inspection card attached. This needs to be placed on the jobsite. Please ensure the following: 1.Sign into your account in the online portal and go to your permit application. https://twn-highlandbeach-fl.smartgovcommunity.com/Public/Home 2.Scroll down to the Submittals area and click on each of the files that you submitted one at a time. 3.Print all of the Markup Files in full size / in color and have them on the jobsite. Failure to do so will result in a failed inspection. 4.Print a copy of the NOC which must be posted on the jobsite per Florida law. 5.Print a copy of the Construction Site Management Handbook and have available on the jobsite as required by Highland Beach. https://twn-highlandbeach- fl.smartgovcommunity.com/Public/DocumentsView Jeff Remas Building Official Town Of Highland Beach http://www.highlandbeach.us 2 of 2Page 67