2023.11.07_TC_Agenda_Regular1
TOWN OF HIGHLAND BEACH
TOWN COMMISSION MEETING
AGENDA
Tuesday, November 07, 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. Veterans Day Proclamation
6. PUBLIC COMMENTS
Public Comments will be limited to five (5) minutes per speaker.
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Town Commission Meeting Agenda November 07, 2023
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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
Code Enforcement Board One (1) vacancy for an unexpired term
ending September 21, 2024
Meetings and Events
November 09, 2023 9:30 A.M. Planning Board Regular Meeting
November 10, 2023 Town Hall closed in observance of Memorial Day
November 14, 2023 1:00 P.M. Code Enforcement Board Regular Meeting
November 21, 2023 1:30 P.M. Town Commission Meeting
Board Action Report
1. Planning Board Recommendations on the proposed amendment concepts
pertaining to the Accessory Marine Facility (AMF) and seawall regulations of the
Town Code.
8. ORDINANCES (Public Comments will be limited to three (3) minutes per speaker
per item after Commission initial discussion.)
A. Ordinance No. 2023-003 (Second Reading/Public Hearing)
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 (First
Reading was October 03, 2023).
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Town Commission Meeting Agenda November 07, 2023
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B. Ordinance No. 2023-004 (Second Reading/Public Hearing)
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 (First Reading
was October 17, 2023).
C. Ordinance No. 2023-005 (Second Reading/Public Hearing)
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 (First Reading was October 17,
2023).
D. Ordinance No. 2023-006 (Second Reading/Public Hearing)
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 (First Reading was October 17, 2023).
9. CONSENT AGENDA (These are items that the Commission typically does not need
to discuss individually, and which are voted on as a group.) Public Comments will
be limited to three (3) minutes per speaker per item after Commission initial
discussion.
A. Approval of Meeting Minutes
October 17, 2023 Town Commission Meeting Minutes
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Town Commission Meeting Agenda November 07, 2023
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10. UNFINISHED BUSINESS (Public Comments will be limited to three (3) minutes per
speaker per item after Town Commission initial discussion.)
A. Fire Rescue Implementation Update
B. Florida Department of Transportation (FDOT) RRR Project Update
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 the Town Manager to execute a Construction Services
Agreement with Baxter & Woodman, Inc. in the amount of $89,935.22 for Lift
Station No. 3 Rehabilitation Project.
B. Approve and authorize Town staff to purchase an annual supply of sulfuric acid,
sodium hydroxide and corrosion inhibitor chemicals from multiple vendors in an
amount of $173,008.40 for the Town's Water Treatment Plant operations.
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.
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File Attachments for Item:
A. Veterans Day Proclamation
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Town of Highland Beach, Florida
Proclamation
Commemorating Veterans Day
November 11, 2023
WHEREAS, November 11 is Veterans Day, a federal holiday that is meant to honor all
veterans of the uniformed services who served or are still serving during times of peace as well as war;
and
WHEREAS, Veterans Day has its origins at the end of World War I when at the 11th hour
of the 11th day of the 11th month of 1918, the fighting ended with the signing of an armistice; and
WHEREAS, on November 11th, 1919, President Woodrow Wilson formally declared the day
as Armistice Day in order to reflect on and honor the sacrifices made by service members during
World War I; and,
WHEREAS, the name was changed to Veterans' Day by an Act of Congress on May 24, 1954.
In October of that year, President Eisenhower called on all citizens to observe the day by remembering
the sacrifices of all those who fought so gallantly and through rededication to the task of promoting
an enduring peace. The President referred to the change of name to Veterans' Day in honor of the
servicemen of all America's wars; and
WHEREAS, we recognize all active duty veterans serving around the world today.
NOW, THEREFORE, I NATASHA MOORE, MAYOR of the Town of Highland
Beach, Florida, on behalf of the Town Commission do hereby proclaim November 11, 2023, as
Veterans Day
in Highland Beach and call upon the residents to recognize and thank our veterans for their
courage, honor, and dedication to the United States Armed Forces.
IN WITNESS WHEREFORE, I have hereunto set my hand and caused the official seal of the
Town of Highland Beach, Florida to be affixed this 7th day of November 2023.
__________________________________________
NATASHA MOORE
MAYOR
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File Attachments for Item:
1. Planning Board Recommendations on the proposed amendment concepts pertaining
to the Accessory Marine Facility (AMF) and seawall regulations of the Town Code.
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TOWN OF HIGHLAND BEACH
AGENDA MEMORANDUM
MEETING TYPE: Town Commission
MEETING DATE November 7, 2023
SUBMITTED BY: Ingrid Allen, Town Planner, Building Department
SUBJECT: Planning Board Recommendations on the proposed amendment
concepts pertaining to the Accessory Marine Facility (AMF) and seawall
regulations of the Town Code
SUMMARY:
At the February 7, 2023 Town Commission meeting, the Commission considered a discussion
item pertaining to the December 2022 Accessory Marine-related Public Input Meetings
including a summary of the public input received and next steps. Consensus from the
Commission was to have the Planning Board review the proposed amendment concepts and
provide their recommendations to the Commission (see table below). The Commission
emphasized that the Board’s review should not be rushed. Accordingly, between March 2023
and October 2023, the proposed amendment concepts have been a continuing item of
discussion on the Board’s meeting agendas.
At the September 21, 2023 and October 12, 2023 Board meetings, the Planning Board made
the below recommendations on the proposed amendment concepts . For Amendment
Concept No. 1, motion carried 5-2 (October 12, 2023), and for Amendment Concepts 2-7
motion carried 6-0 (September 21, 2023).
PROPOSED AMENDMENT CONCEPT BOARD RECOMMENDATION
1. Maximum height for AMFs: Base
Flood Elevation (BFE) plus 7 feet.
Maximum height for AMFs: BFE plus 8 feet.
2. Exempt personal watercraft (PWC) lifts
from the requirement that “in no case
shall the lift be higher than the
superstructure of the boat when lifted”
OR remove requirement.
Exempt personal watercraft (PWC) lifts from
the requirement that “in no case shall the lift
be higher than the superstructure of the
boat when lifted.”
3. Maximum seawall cap width = 3 feet;
maximum seawall cap plus dock width =
8 feet.
Maximum seawall cap plus dock width at
eight (8) feet.
4. Encroachment into water at 25 feet or
25% of waterway width, whichever is
Encroachment into water for AMFs at 25
feet or 25 percent of the waterway
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less (measured from the shortest
distance adjacent to property line).
(excludes AMFs along the Intracoastal
Waterway) to be measured from wetface of
seawall or bulkhead.
5. 10 foot side setback for all zoning
districts. For lots < 100 feet in width,
setback is 10% of width; however,
setback cannot be less than 5 feet.
No side setback for docks Townwide. A
minimum 10-foot side setback for all other
AMFs Town wide (For lots less than 100
feet in width, setback is 10% of width,
setback cannot be less than 5 feet). Such
recommendation does not apply to floating
vessel platforms which are regulated by
Florida Statute.
6. Require a ladder for every 50 feet of
dock.
Provide one (1) ladder for each 100 feet
abutting waterway, canal or lake, for
properties less than 100 feet, provide one
ladder. The ladder shall be either adjustable
or fixed and shall extend into the water at
mean low tide. Ladder requirement would
be triggered as part of a special exception
request.
7. Maximum seawall height Maximum seawall height: BFE plus one (1)
foot.
A brief history on hearings held and other related matters pertaining to the proposed
amendment concepts are provided below:
November 17, 2020 - Town Commission authorized Vice-Mayor Greg Babij to sponsor the
review and propose any amendment(s) to the accessory marine structure ordinance
provisions (motion carried 5-0).
March 15, 2022 – Town Commission considers introduction to proposed amendment
concepts regarding the AMF provisions of the Town Code. Commission consensus was to
establish a process for review of such amendment concepts to include public participation
and review by the Planning Board.
April 19, 2022 – Town Commission provides direction in establishing a process for review
of amendment concepts as follows:
1. Requests that the Planning Board watch the April 19, 2022 Town Commission
discussion on such item (Number 10D).
2. Requests that the Planning Board physically observe the various canal/lot widths and
existing AMFs including boat lifts located within the Town.
3. Create maps of the various waterway widths (including canal and lakes).
4. Once Board site observations are complete, staff is to send out notices to all
waterfront property owners (west of State Road A1A) prior to the Planning Board
meeting where the Board will discuss proposed amendment concepts as provided to
the Town Commission on March 15, 2022.
May 12, 2022 – Planning Board considers the April 19, 2022 direction provided by the Town
Commission regarding Board review process for proposed amendments to the AMF
regulations of the Town Code.
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May 23-27, 2022 – Planning Board participates in individual site observations of the Town
waterways via the Police Department’s Marine Patrol Unit (for those Board members who
do not have access to a boat). Note five (5) of the seven (7) Board members conducted
their observations on the Marine Patrol Unit vessel.
June 21, 2022 – Town Commission considers a discussion on a “review timeline” for
proposed amendment concepts. Consensus from the Commission was to hold
neighborhood meetings at the Town library in an effort to engage input from residents on
the proposed changes, and that such meetings commence in October or November upon
return of seasonal residents.
August 16, 2022 - Town Commission considers a discussion on a “review timeline” for
proposed amendment concepts. Consensus from the Commission is to hold three (3)
evening meetings in early November 2022.
December 5, 7,13, 2022 – Public Input Meetings regarding proposed changes (“amendment
concepts”) to the AMF and seawall regulations of the Town Code of Ordinances were held
at the Town Library.
February 7, 2023 – Town Commission discussion on December 2022 Public Input Meetings
to include summary and next steps.
February 23, 2023 - At the request of the Bel Lido HOA president, staff presented the
proposed amendment concepts at the Bel Lido HOA meeting.
June 6, 2023 – At the request of the Town Commission, an update on the Planning Board’s
ongoing discussion of the amendments concepts was provided to the Commission.
June – July 2023 - At the request of the Planning Board, an additional round of individual
Board member site observations of the Town waterways was conducted via the Police
Department’s Marine Patrol Unit. Note five (5) of the seven (7) Board members participated.
ATTACHMENTS:
- March 15, 2022 Town Commission memorandum with Attachments 1-5 regarding
introduction to proposed changes to AMF regulations.
- February 7, 2023 Town Commission memorandum with Public Input Meeting sign -in sheets
and comment sheets Attachments.
- Maps: Canal, lake and lots widths.
- Additional Public Comment.
RECOMMENDATION:
At the discretion of the Town Commission.
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TOWN OF HIGHLAND BEACH
AGENDA MEMORANDUM
MEETING TYPE: Town Commission Meeting
MEETING DATE March 15, 2022
SUBMITTED BY: Ingrid Allen, Town Planner, Building Department
SUBJECT: Introduction to a proposed amendment to the Town Code of Ordinances
regarding Accessory Marine Facilities.
SUMMARY:
Former Vice-Mayor, Greg Babij, is sponsoring an amendment to the Accessory Marine
Facilities regulations found in Section 30-68(g) and (h) of the Town Code. This proposed
amendment is further detailed in Mr. Babij’s attached draft report (Attachment No. 1). Staff has
prepared the following table which compares each proposed change with any current Town
Code regulation that may apply:
Proposed amendment Current Town Code regulation
1.Maximum height for accessory
marine facilities at Base Flood
Elevation (BFE) plus 7 feet.
Town Code is silent on maximum height for accessory
marine facilities; however, the definition of “boat lift”
requires that in no case shall the lift be higher than the
superstructure of the boat when lifted (Sec. 30-131).
2.Exempt personal watercraft
(PWC) lifts (as defined in Sec. 30-
131) from the requirement that “in
no case shall the lift be higher than
the superstructure of the boat
when lifted” or remove requirement
from Town Code. Note that given
the low profile of such PWCs,
compliance is problematic unless a
variance is sought by Applicant.
Boat Lift is defined as “the bottom of the keel of any
boat shall not be hoisted greater than one foot above
the minimum seawall elevation. In no case shall the lift
be higher than the superstructure of the boat when
lifted.” (Sec. 30-131).
Personal Watercraft lift (PWL) includes a
mechanical/electrical device for lifting jet skis, canoes,
kayaks or other small watercraft out of the water. (Sec.
30-131).
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Proposed amendment Current Town Code regulation
3.Maximum seawall cap width of
3 feet and maximum 8 foot width
for seawall cap plus dock, as
measured from the property line.
In waterways not regulated by the U.S. Army Corps of
Engineers, docks and mooring structures shall not
extend into any waterway more than five (5) feet. In
waterways regulated by the U.S. Army Corps of
Engineers, docks and mooring structures may extend
to that distance allowed by said agency (Sec. 30-
68(g)a. and b.). Note that USACE regulates
Intracoastal Waterway, canals and lakes in Town.
4.Encroachment into water is 25 ft
or 25% of waterway width
(measured from the shortest
distance adjacent to property line)
whichever is less.
See No. 3 above.
5.10 foot side setback for all
zoning districts. For lots less than
100 feet in width, setback is 10%
of width; however, setback cannot
be less than 5 ft.
Single-family zoning districts: 25 foot side setback. For
lots with a width of 50 feet or more but less than 70 feet,
15 foot side setback. For lots with less than fifty feet
abutting the water, the planning board may grant a
special exception for the installation of a seawall
mounted davit type lifting device (but not a dock
structure) after being satisfied as to the protection of
neighboring property and no infringement of standard
navigation practices. Multi-family Zoning districts are
exempt from side setback (Sec. 30-68(g)(6)d.)
6.Require a ladder for every 50
feet of dock.
Town Code is silent on ladders.
Note that at the September 10, 2020 Planning Board meeting, staff provided, at the request of
the Planning Board Chair, a discussion item that included other municipal piling height limits.
Given the proposed amendment to the Town Code includes a maximum height for accessory
marine facilities, the Commission may find the discussion memorandum helpful in the review
and consideration of this introduction item (Attachment No. 2). Staff has also prepared a table
that lists recent Town boat lift requests and their corresponding piling height and extension
into the waterway (Attachment No. 3). The table also compares the applicable extension
requirements for both the Cities of Pompano Beach and Boca Raton.
The proposed amendment was reviewed by Applied Technology & Management, Inc. (ATM),
a coastal and marine engineering consultant who has a Professional Services Agreement with
the Town. A report was provided by Dr. Michael G. Jenkins, ATM’s Coastal Engineering
Principal (Attachment No. 4). Dr. Jenkins indicates under item No. 1 of his report, that the
Town’s requirement that all accessory marine facilities receive Planning Board approval (Sec.
30-68(g)) is not a common requirement and that Board approval is typically reserved for sites
with special and unique circumstances. Note that Section 30-46 of the Town Code currently
requires public notice for Planning Board hearings. Although not included in Mr. Babij’s
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proposed amendment, the Town Commission should be mindful that if Commission
consideration is given to reserving Planning Board approval only for those sites with special
and unique circumstances, public notice provisions and public comment would only then apply
to such special and unique sites. Those accessory marine facility requests that are not special
and unique sites would be administratively approved by staff so long as they are consistent
with Town Code regulations.
For reference purposes, attached are the current regulations applicable to accessory marine
facilities found in Section 30-68 (g) and (h) of the Town Code (Attachment No. 5).
FISCAL IMPACT:
N/A
ATTACHMENTS:
Attachment No. 1 – Draft report from Greg Babij
Attachment No. 2 - Planning Board discussion memorandum – September 10, 2020
Attachment No. 3 - Recent Town boat lift requests table
Attachment No. 4 - ATM report
Attachment No. 5 - Section 30-68 (g) and (h) Town Code of Ordinances
Ordinance Process flowchart
RECOMMENDATION:
At the discretion of the Commission.
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DRAFT Proposed Revisions to Marine Accessory Ordinances
Abstract:
The existing marine accessory ordinances lack some detail and it is recommended they are enhanced to
provide clarity on topics that have been a source of ambiguity and contention. Items like maximum
allowable height of marine accessories, ambiguity around jetski lifts vs. boat lifts, and the process of
dealing with marine accessories in where there is a discontinuity in the waterway (i.e corner lots, end of
canals) have all been points of contention between residents and the Building Department, due to lack
of detail.
Additionally, this is an opportune time to consider revising certain other components of the current
ordinances to address anticipated future conflicts or in some cases better conform with code used by
surrounding towns.
While reviewing the recommended changes, it may be beneficial to envision the concept of a 3-
dimensional box that sits on the rear property line of any waterfront lot. Marine accessories must
completely fit within the box to be permissible. Otherwise, they would be required to go through the
process of obtaining a variance.
Summary of Recommendations
1)Define a Maximum Allowable Height of Marine Accessories:
Recommended Maximum Height: Base Flood Elevation plus 7 feet.
There have been multiple debates around what is an acceptable height of boat lifts. The current codes
only state that a boat lift shall not be higher than the superstructure of the boat when lifted, but is silent
on how high up in the air the combined boat lift and boat can be. This leaves open the potential for
installing boatlifts on top of excessively high pilings, as long as the boat lift is fully retracted so the boat
will be higher than the lift itself.
It is recommended that the “height” of the 3 dimensional box behind any waterfront property be Base
Flood Elevation plus 7 feet. Referencing Base Flood Elevation allows the ordinance to be dynamic with
sea level rise, as it is a reference datum that has been occasionally revised higher by the US Government
in conjunction with the sea level. Pilings, and also the boat lift components must not be higher than
this recommended maximum allowable height.
2)Amend existing language related to Jetski (Personal Watercraft) Lifts
The current codes are excessively onerous for jetski lifts, relative to boat lifts. As Section 30-131 is
written, the bottom of the keel of any boat shall not be hoisted greater than one foot above the
minimum seawall elevation, and in no case shall the lift be higher than the superstructure of the boat
when lifted.
ATTACHMENT NO. 1
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Because of the low vertical profile of a jetski (3 feet) relative to the vertical profile of a boat lift (7 feet),
a boat lift can be installed to hold a boat, but the very same boat lift would not be permissible if it is
used to instead lift a jetski.
It is recommended the current code be amended by either by removing the section that states in no
case shall the lift be higher than the superstructure of the boat when lifted, or simply exempt jet skis
(personal watercraft) from this code.
3)Define a maximum width of a seawall cap and also a maximum width of a dock out into the water.
Recommended maximum new seawall cap width of 3 feet as measured from the property line
Recommended maximum dock plus seawall cap width of 8 feet as measured from the property line
As properties are redeveloped and seawalls are replaced, there exists the potential for residents to look
to “extend” their effective usable property out into the water by building a new seawall outside of the
existing seawall. There is also the potential for properties to get extended by pouring excessively wide
seawall caps on top of new seawalls and building excessively wide docks.
By limiting the maximum seawall cap width from the property line, and also the maximum distance the
seawall cap plus dock can extend from the property line, the risk of one property owner effectively
creating their own peninsula is minimized.
It is recommended that the waterside edge of any new seawall cap be limited to 3 feet from the
property line, whether it is on top of a new wall, or is a cap raise on top of an existing wall.
Additionally, it is recommended that any new dock built is limited to a maximum distance of 8 feet out
into the water as measured from the property line. This would allow for the outer edge of neighboring
docks to all be limited to the same distance from the property line regardless of seawall cap size. For
example, if a property has a 2 foot wide seawall cap, then that property would be allowed to have a 6
foot wide dock, and meet the maximum combined width of 8 feet. While if a neighboring property has a
3 foot wide seawall cap, they would be limited to a dock width of 5 feet.
Lastly it is recommended that language be added into the code to limit the installation of no more than
1 new seawall outside of the original property seawall that abuts the property line. This eliminates the
risk that new seawalls are repeatedly installed on the waters edge side of existing seawalls, which would
effectively create a man-made peninsula.
4) Define a Maximum Distance that Marine Accessories can Extend into the Water
Recommended Maximum Distance: The lesser of 25 feet from the property line or 25% of the
waterway width.
This recommendation can be thought of as the perpendicular edge of the 3 dimensional box, as
measured from the property line straight out into the water.
The town codes [Sec. 30-68(g)(6)a and b] simply defer to the Army Core of Engineers for approval of
distance into water. It is recommended that the maximum distance be limited to the lesser of 25 feet or
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25% of the width of the canal or waterway. Additionally, this distance will be measured from the
shortest distance between the two properties in question.
This maximum distance of 25 feet is not an arbitrary value. It was chosen to allow residents to mix and
match combinations of seawall cap widths, dock widths and boat lift widths of reasonable size without
having to obtain a variance.
The chart below shows the various widths of boatlifts ranging from small boats to very large boats.
For illustration, a typical 40 ft powerboat may weigh 30,000 to 40,000 lbs., and that lift is 16 ft wide
(center to center) which is 17 ft wide when measured to the outsides of all pilings.
This very standard lift size could be installed at any home that has also conformed to the recommended
seawall cap and dock widths, and stay at the 25 ft maximum distance:
3 ft seawall cap + 5 foot dock + 17 foot boatlift = 25 ft.
On the larger end of the spectrum, a 120,000 lb boatlift could hold about the largest size boat an owner
would probably want to be able to lift behind a residential property. That boatlift is 22 ft wide center
to center, which would be 23 feet wide to the outsides of the pilings. This “mega lift” could still fit in a
back yard, but it would have to be right up against a seawall cap, as there is no room for a dock. Early
seawall caps were 2 feet wide, and newer caps are 2.5 feet to 3 feet wide. Also note this lift could be
installed at a property that has a 3 foot new cap, by notching out 1 foot where the inside pilings are
installed. And again this is an extreme outlier example.
A much more typical boat lift for very large boats would be a 50,000 or 60,000 or even possibly an
80,000 lb. lift and the widths there easily stay within the maximum 25 foot threshold with a 3 foot wide
seawall cap.
I am not sure Highland Beach has ever had a request to install an 80,000 or 120,000 lb. boatlift, as those
are a very rare size.
5)Amend Side setbacks to utilize a smoothed definition instead of the complicated step function
definition. Additionally apply the new definition to all property types.
The current town codes utilize a step function where the side setbacks jump at discrete intervals. For
example, if a single family zoned property is 71 feet wide, the side setbacks are 25 feet on each side.
Comparatively, if a single family zoned property is 69 feet wide, the side setbacks are 15 feet on each
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side. Additionally, there exists a different set of side setbacks for single family zoning vs multi-family
zoning. Multi-family zoning has a zero foot setback.
It is recommended that the side setbacks be a smoothed function and are less for smaller properties so
as to enhance the ability to utilize the water frontage. It is also recommended that the same set of
rules apply to all properties equally, regardless of zoning.
Recommendations for Side setbacks:
-For properties with waterline length of 100 feet or more: 10 foot side setback on either side. This
setback matches surrounding towns such as Boca Raton, Hillsboro Beach, and Ocean Ridge.
-For properties with waterline length of less than 100 feet: the side setbacks are proposed to be 10% of
property waterline length on either side, with a minimum setback of 5 feet, on either side.
Utilizing this framework, a 71 foot wide property would have side setbacks of 7.1 feet, and a 69 foot
property would have side setbacks of 6.9 feet.
Lastly, it is recommended that the current code clarify that with measurements will be made based on
the assumption that a lot line is extended beyond said pro perty line on a line perpendicular to the
seawall or bulkhead. This clarification will provide clarity when measurements are being made with
properties that have lot lines that are not perpendicular to the seawall, such as pie shaped lots.
6) Require a Ladder for every 50 feet of dock.
This is simply a requirement in most surrounding towns and our code is silent.
7)Strengthen existing language on the approval process of marine accessories in areas where there is
a discontinuity in the waterway by acknowledging that they are a “special case” and external
expertise will be utilized.
The majority of conflicts are associated with areas where there is a discontinuity in the waterway such
as an abrupt restriction in the waterway width, end of canals, or corner lots or lots that extend into a
waterway. The current code is a bit nebulous around these more complicated properties, and in some
cases boatlifts have previously been installed in locations where one property owner is inadvertently
restricting or blocking an adjacent property owner of the ability to also install a boatlift.
This situation was discussed extensively with the Marine Consultant, and in his expert opinion, no code
can be written to address every possible potential scenario within the town. His recommend course of
action is to treat any property that has a small water frontage (perhaps less than 50 feet) or that has a
discontinuity in the waterway as “a special case.” In these special cases, the standard procedure will be
to consult with a marine expert who will make recommendations to the planning board on locations and
maximum permissible sizes of marine accessories, with the intention of making sure all surrounding
property owners are not having their ability to also utilize the waterway restricted. The code already
allows for outside experts for review of development approval requests via Sec. 30-12. The
recommended code change is simply to clarify to all parties that a consultation with a marine consultant
along with a consultant recommendation to the planning board will be part of the approval process in
these special cases.
Page 17
The planning board can then decide what will be permitted. If a resident disagrees with the planning
board’s approval, and feels that their access is being restricted as a result of a marine accessory
installation, they can seek remedy through the court system.
Page 18
TOWN OF HIGHLAND BEACH
AGENDA MEMORANDUM
MEETING TYPE: Virtual Planning Board Meeting
MEETING DATE 9/10/2020
SUBMITTED BY: Ingrid Allen, Town Planner, Building Department
SUBJECT: Discussion on piling height limits and Town Code deficiencies
pertaining to accessory marine facilities.
BACKGROUND:
On August 15, 2020, Planning Board Chairperson, David Axelrod, made the following two inquiries to
Town staff:
1.Whether other local municipal codes provide height limits on pilings; and
2.Whether there are any other deficiencies in the Town Code as it pertains to accessory marine
facilities.
Staff was directed by Town Manager, Marshall Labadie, to proceed with preliminary research on these
inquiries.
SUMMARY:
Height limits on pilings:
The Town of Highland Beach’s Code of Ordinances does not provide height limits for boat lift pilings.
Upon staff review of the municipal codes for Boca Raton, Delray Beach, Manalapan, North Palm Beach
and Ocean Ridge, no provisions for lift piling height were found. The municipal codes of Sanibel and
Cape Coral both provide height provisions for mooring pilings as provided in Table 1 below (Note that
Cape Coral also provides a maximum elevation provision for “pilings”). Jupiter Island’s municipal code
states for pilings supporting a dock or used in conjunction therewith shall not be higher than eight feet
above mean high water. Moreover, Jupiter Island provides hoisting and daviting provisions for boats
as follows:
Section 3.07F.(b) No boat shall be hoisted or davited to such a height that the top of the main
superstructure, but not including masts, antennas, outriggers or other attachments to said boat,
shall be more than eight feet above mean high water, and no boat exceeding 31 feet in overall
length shall be hoisted or davited from the water and supported by a dock, unless approved
by the impact review committee using the standards set forth in article X, division II, section 2.04
(see Attachment No. 1)
The municipal code for Lighthouse Point contains provisions for the number of individual pilings which
may be installed adjacent to any property as provided in Table 2 below.
ATTACHMENT NO. 2
Page 19
TABLE 1
MUNICIPALITY PILING HEIGHT PROVISION NOTES
Sanibel Height of mooring pilings, maximum ten feet
above mean high water (Sec. 126-886).
“Mooring Piling” is not defined
in Sanibel’s Municipal Code.
Cape Coral Mooring Pilings shall not be higher than eight
feet above mean high water (Section 5.4.5.).
“Mooring Piling” is not defined
in Cape Coral’s Municipal
Code.
The elevation of pilings shall not exceed 10
feet above the seawall cap or, if no seawall
exists, 13 feet above mean water level
(Section 5.4.2.).
Jupiter Island Pilings supporting a dock or used in
conjunction therewith shall not be higher than
eight feet above mean high water (Section
3.07C1.b.)
TABLE 2
LIGHTHOUSE POINT: Section 42-380(d)(1) The number of individual pilings which may be installed
adjacent to any property shall be as follows:
Properties With Eight (8)
Foot Side Setbacks
Properties With Seven and One-Half (7½)
Foot Side Setbacks
Linear Feet of Frontage
Along
Water
Maximum # of
Pilings
Allowed
Linear Feet of
Frontage
Along Water
Maximum # of Pilings
Allowed
0—60 0 0—60 0
Over 60—136 2 Over 60—135 2
Over 136—176 3 Over 135—175 3
Over 176 + 4 Over 175 + 4
Page 20
Deficiencies:
Section 30-68 (g)(6)d.2. of the Town Code provides for a contradictory provision regarding the side
yard setback requirement for accessory marine facilities in multifamily zoning districts. This section
currently reads as follows:
Multifamily zoning districts: Five (5) feet, measured from the perimeter property lines. In multifamily
residential zoning districts, marine facilities shall be exempt from side yard setback requirements
for all interior lot lines.
Initially, the provision states that a five (5) foot setback is applicable; however, the second sentence
exempts multifamily residential zoning districts from the side yard setback requirement. While this
conflicting text could be addressed independently from the other accessory marine facility regulations,
staff suggests that a marine consultant be retained to holistically assess the current Town Code
regulations pertaining to accessory marine facilities and determine deficiencies. Marine consultant
considerations could include whether provisions for lift piling height or hoisting of boats, along with
corresponding definitions, should be incorporated into the Town Code.
FISCAL IMPACT:
N/A
ATTACHMENTS:
Attachment No. 1 – Jupiter Island standards for impact review.
RECOMMENDATION:
Board discussion.
Page 21
Jupiter Island ATTACHMENT NO. 1
Sec. 2.04. - Standards for impact review of hoisted boats in excess of 31 feet in length or in excess of
eight feet in height above mean high water.
The decision-maker shall approve an application for a hoisted boat that exceeds the maximum
length and/or height if the applicant demonstrates that:
A.The proposed hoisted boat will not adversely affect the public interest; and
B.The proposed hoisted boat is consistent with the surrounding neighborhood character; and
C.The visibility of the proposed hoisted boat from public rights -of-way and adjacent properties is
minimized in a manner that is consistent with the surrounding neighborhood character; and
D.The landscape buffer along the side property lines minimizes the visibility of the proposed
hoisted boat; and
E.The proposed hoisted boat will not cause substantial injury to the value of any other property in
the neighborhood where it is to be located; and
F.The proposed hoisted boat will be compatible with adjoining properties and the intended
purpose of the district in which it is to be located; and
G.The proposed hoisted boat will not result in an obvious departure from the aesthetic character
of the neighborhood; and
H.The proposed hoisted boat is situated in a manner that does not materially obstruct the
waterfront views from neighboring property; and
I.The proposed hoisted boat will be associated with a dock which is conformin g to all town
regulations; and
J.The proposed hoisted boat does not exceed 41 feet in length or contain more than two levels.
(Ord. No. 342, § 2, 9-17-13)
Page 22
BOAT LIFTS REQUESTS
ADDRESS # OF
PILINGS
HEIGHT OF PILING/TOP
OF LIFT BEAM1
LIFT EXTENDS
INTO WATERWAY
(FROM PL)
POMPANO BCH
REGULATIONS FOR
EXTENDING INTO
WATERWAY (FT)2
BOCA RATON
REGULATIONS FOR
EXTENDING INTO
WATERWAY (FT)3
NOTES
2021
4205 Intracoastal Dr
APPROVED
8 5’/6’6” 25’ 20 (Approx. 145 ft width
of waterway)
20
4408 Intracoastal Dr
APPROVED
0 0/6’6” 18’ 18.6 (Approx. 93 ft
width of waterway)
20
4206 Intracoastal Dr
APPROVED
4 5’/6’6” 18.5’ 20 (Approx. 100 ft width
of waterway)
20
1118 Bel Air Dr
APPROVED
0 0/7’8” 16 20(Approx. 155 ft width
of waterway)
20
2020
1006 Grand Ct
DENIED
10 7’/8’6” 18’6” 20 (Approx. 150 ft width
of waterway)
20
4318 S Ocean Blvd
APPROVED
0 0/7’3” 20’ 20 (Approx. 100 ft width
of waterway)
20
2019
2727 S. Ocean Blvd
(slip 5A and 5B)
APPROVED
4 Not provided on plans 33’9” (SEE NOTES) 20 (Approx. 316 ft width
across ICW)
20 Extension into waterway was
measured from seawall. Note
that property line is west of
seawall, in the water.
4014 S. Ocean Blvd
APPROVED
4 Not provided on plans 21’6” (SEE NOTES) 20 (Approx. 337 ft width
across ICW to dock)
20 Extension into waterway was
measured from dock. Note
that property line is west of
dock, in the water.
1Measured from the dock.
2Pompano Beach allows lift to extend to a distance 20% of the width of the waterway or 20 feet, whichever is less.
3Boca Raton allows lift to extend to a distance 25% of the width of the waterway or 20 feet, whichever is less. For portions of a boat lift constructed beyond 20
percent of the width of the canal, only wood pilings may be utilized and no part of a boat lift structure shall extend beyond the face of the wood pilings nearest
the canal center.
PL – Property Line
FT – Feet
Note: Neither Pompano Beach nor Boca Raton code regulations provide for a maximum piling height.
ATTACHMENT NO. 3
Page 23
ATTACHMENT NO. 4
Page 24
2047 Vista Parkway, Suite 101 | West Palm Beach, FL 33411 | 561.659.0041
2/11/22
Ingrid Allen
Town Planner
Town of Highland Beach
3614 S. Ocean Boulevard
Highland Beach, FL 33487
Re: Accessory Marine Facility Code Amendments Relative to Boat Lifts
Town of Highland Beach
Ms. Allen,
This correspondence is provided as additional discussion and opinion regarding changes to
Town of Highland Beach code relative to ‘Accessory Marine Structures’ and specifically boat lifts
as defined within sec. 30-68 of municipal code. Items are discussed relative to potential
changes to specific requirements of the current code.
1. Requirement for Accessory Marine Facilities to receive Planning Board approval
The requirement that all accessory marine facilities receive planning board approval (ref. Sec.
30-68 Supplemental district regulations (g)(3)) is not a common requirement within coastal
communities. Boat lifts are generally allowed with restrictions without planning board approval.
Board approval is typically reserved for sites with special and unique circumstance (see item 6.
below) or for variance requests from the standard provisions defined in code. The requirements
for lift installation are generally defined by code in terms of limitations to the location (setback)
and overall size of the structure. These limitations meet the intent to minimize impacts to
adjacent properties, allow for safe navigation and minimize impacts to view.
2.Requirement of setbacks for all zoning districts
Page 41Page 25
Page 2 of 3
2047 Vista Parkway, Suite 101 | West Palm Beach, FL 33411 | 561.659.0041
Requirements for minimum setbacks for all zoning districts are a standard practice and are a
key provision to meet the intent to minimize impacts to adjacent properties, allow for safe
navigation and minimize visual impacts. The zero-foot setback for multi-family zoning within the
Town’s current code is anomalous and does not provide a sufficient setback to meet the intent.
Required minimum setbacks for boatlifts and docks vary considerably by jurisdiction. The
nominal width of lots within a municipally are generally relevant to this provision. Areas with
larger lots tend to have larger setback requirements, while areas with smaller lots have lesser
setback requirements to allow for reasonable use.
3.Limits to waterway encroachment
Limitations to the distance structures can encroach into a waterway are a standard practice and
meet the intent to allow for safe navigation and minimize impacts to adjacent properties and
views. Encroachment maximum distances on the order of 25 feet (relative to the waterway
edge) are fairly common, though additional restrictions for narrow waterways are also common
practice. In general, a fifty-foot effective fairway width is a common design standard for
residential canals.
4.Limitations to pile maximum height
Limitations to maximum pile height is not a common practice but does meet the intent to
minimize impacts to view. This approach also addresses a related issue relative to overall
vessel size. Limitations to pile height restrict the ability to lift vessels beyond a certain size
which addressed both issues of view and waterway navigability. In terms of maximum height, it
should be defined relative to a fixed vertical datum. Pile heights generally on the order of 12 feet
(NAVD 88) (which equates to something on the order of 8 feet above dock height) meet the
lifting requirements for most vessels.
5.Limits to seawall cap and dock width
Limitations to Sewall cap and dock total width meets the intent to limit impacts to adjacent
properties, waterway navigability and view. A total width of 8 feet (inclusive of the seawall cap
and dock) is consistent with general practice.
Page 42Page 26
Page 3 of 3
6.Special and unique circumstances - Sewall discontinuities and corner lots
Regulation of boat lifts through minimum setbacks, size and height limitations are generally
sufficient to meet the intent to minimize impacts to adjacent properties, allow for safe navigation
and minimize impacts to view for waterways that are generally unform in dimension adjacent to
the regulated property. The majority of conflicts are associated with areas where there is a
discontinuity in the waterway such as an abrupt restriction in the waterway width, corner lots or
lots that extend into a waterway. Application of uniform code provisions to address these areas
are problematic as each circumstance is unique and requires consideration of the specific
current and intended use and access to the waterway. These issues are further complicated by
the range of boat types, sizes and performance characteristics which may be germane to both
the use and potential for impact to adjacent properties. Such instances likely warrant further
consideration by the Planning Board.
Sincerely,
Applied Technology & Management, Inc.
Michael G. Jenkins, Ph.D., P.E.
Coastal Engineering Principal
Printed copies of this document are not considered signed and sealed and the signature must be verified
on any electronic copies.
Michael
G Jenkins
Digitally signed by
Michael G Jenkins
Date: 2022.02.24
09:00:36 -05'00'
2047 Vista Parkway, Suite 101 | WestPage 43 Palm Beach, FL 33411 | 561.659.0041 Page 27
Sec. 30-68. - Supplemental district regulations.
(g)Accessory marine facilities:
(1)Accessory use. Accessory marine facilities, including docks, piers, launching facilities, boat basins,
freestanding pilings and lifting and mooring devices, are permitted as accessory uses in all residential
zoning districts. Accessory marine facilities shall be reviewed as special exceptions by the planning
board which shall be the final authority on all applications unless the accessory marine facility is part
of a site plan submittal or other application requiring town commission approval as provided for in
section 30-36.
a.Accessory marine facilities shall not be used for commercial purposes.
b.Accessory marine facilities shall be used only by residents or their guests, and shall not be rented
or leased to nonresidents or any other person other than owners or residents of the principal
dwelling or dwellings. For the purpose of this section, the term guest shall mean a person or
persons residing in a dwelling unit for a limited period of time, not to exceed a period of sixty (60)
days within one calendar year, at the invitation of the owner or resident of the dwelling.
c.Accessory marine facilities shall not be a hazard to navigation.
(2)Boat basins. Boat basins are allowed in all zoning districts and reviewed by a special exception, subject
to the additional standards listed below:
a.The edge of any improvements associated with a boat basin shall be located at least twenty -five
(25) feet from side property lines.
b.The total length of improvements associated with a boat basin shall not exceed one-third (33.3%)
of the length of the property line in which the basin is located.
c.Not more than twenty-five (25) percent of any boat moored in a boat basin may extend waterward
of property line in which the basin is located.
d.The town, at the expense of the applicant, may utilize appropriate marine, engineering,
construction, and related professionals to review all aspects of such application. Such
professionals shall be utilized to ensure compliance with the requirements herein, to ensure a
proposed basin will not be a hazard to navigation, and to ensure a proposed boat basin will not
pose a potential hazard, via erosion or other action, to the stability of neighboring properties.
(3)Lifting devices. The installation of lifting devices or other means of securing boats (but not a boat dock)
is allowed in all zoning districts. In addition to the requirements for a special exception, the planning
board must also find that the lifting device will provide adequate protection of neighboring property
and that there is no infringement of standard navigational practices.
(4)Boats and setbacks. When moored, any portion of a boat shall not extend beyond any property line,
as extended waterward.
(5)Enclosures. Accessory marine facilities shall not be enclosed with walls, roofs, or any other structures
or improvements.
(6)Installation. Accessory marine facilities shall comply with the installation standards listed below:
a.In waterways not regulated by the U.S. Army Corps of Engineers, docks and mooring structures
shall not extend into any waterway more than five (5) feet.
b.In waterways regulated by the U.S. Army Corps of Engineers, docks and mooring structures may
extend to that distance allowed by said agency.
ATTACHMENT NO. 5
Page 28
c.Measurement of the width or length of a dock, as applicable, shall be made from the property
line.
d.Marine facilities shall comply with the side yard setbacks listed below.
1.Single-family zoning districts: Twenty-five (25) feet; provided, however, the side yard setback
shall be fifteen (15) feet for any single-family lot with a lot width of fifty (50) feet or more but
less than seventy (70) feet. For those lots with less than fifty (50) feet abutting the water, the
planning board may grant a special exception for the installation of a seawall mounted davit
type lifting device (but not a dock structure) after being satisfied as to the protection of
neighboring property and no infringement of standard navigation practices.
2.Multifamily zoning districts: Five (5) feet, measured from the perimeter property lines. In
multifamily residential zoning districts, marine facilities shall be exempt from side yard
setback requirements for all interior lot lines.
(7)Perpendicular docking. Unless otherwise provided herein, boats shall not be moored or docked
perpendicular to the property at which they are located.
a.A boat moored at the landward end of a canal constructed for boat docking purposes may be
moored perpendicular to the property line, provided such mooring does not impede the
navigation of adjacent property owners.
b.A boat moored in the Intracoastal Waterway may be moored perpendicular to the property line,
subject to approval by the U.S. Army Corps of Engineers.
c.A request for perpendicular docking of a boat in a canal shall be considered as a special exception
by the planning board. Applications for development order approval of perpendicular docking of
boats shall be subject to all standards applicable to a special exception request, and the additional
criteria contained herein:
1.Location of docks, docked boats, and relation to side setbacks shall be established by the
waterward extension of property lines.
2.Perpendicular docking of boats shall not interfere with navigation of other boats within the
affected canal, and will not be a hazard to navigation.
3.Perpendicular docking of boats shall comply with all setbacks required for accessory marine
facilities.
4.Docks or accessory mooring facilities approved by the planning board for perpendicular
docking of boats may exceed the maximum extension into a waterway allowed for accessory
marine facilities.
5.The building official or planning board may request evidence, prepared by a recognized
marine expert, demonstrating the following:
i.Proposed perpendicular docking and related accessory marine facilities will not
reasonably deny or otherwise limit the ability of abutting or adjacent property owners
to construct accessory marine facilities;
ii.Proposed perpendicular docking and related accessory marine facilities will not
reasonably deny or otherwise limit the normal ability of abutting or adjacent property
owners to moor, maneuver, use or otherwise move a boat; and
iii.Proposed perpendicular docking and related accessory marine facilities will not deny
reasonable visual access of abutting property owners to public waterways.
Page 29
(h)Dolphins, freestanding pilings, boat lifts, docks, and moorings:
(1)Installation. In order to be installed, dolphins, freestanding pilings, boat lifts, docks, and moorings
(collectively "mooring facilities") shall comply with all standards listed below:
a.The installation shall be subject to special exception approval by the planning board at an
advertised public hearing.
b.The mooring facilities will be located in a canal or waterway at least eighty (80) feet in width.
c.The mooring facilities will not create a hazardous interference with navigation, endanger life or
property, or deny the public reasonable visual access to public waterways.
d.Construction of all mooring facilities shall require a building permit.
(2)Public notice. In addition to the requirements of section 30-46, written notice must be provided by
first class mail to owners of property abutting the canal and located within five hundred (500) feet, as
measured from both property lines along the canal bank, of the property in question.
(3)Documentation. The building official or planning board may request evidence, prepared by a
recognized marine expert, demonstrating the proposed mooring facilities will not be a hazard to
navigation and will not deny reasonable visual access to public waterways.
(4)Adjacent property. Installation of the mooring facilities shall not cause a hazardous interference with
navigation, endanger life or property, or deny the adjacent property owners or public reasonable visual
access to the public waterway.
(5)Navigation. Installation of such mooring facilities shall not infringe upon standard navigational
practices that are or may be used by abutting property owners.
(6)Floating docks. Floating docks are permitted, subject to conformance with all zoning code
requirements herein and compliance with all applicable building codes.
Sec. 30-131. - Definitions of terms.
Boat lifts means the bottom of the keel of any boat shall not be hoisted greater than one foot above the
minimum seawall elevation. In no case shall the lift be higher than the superstructure of the boat when lifted.
Note that Section 30-131 has several accessory marine facility-related definitions including “dock, residential,”
“dolphin pilings,” etc.
Page 30
TOWN OF HIGHLAND BEACH
AGENDA MEMORANDUM
MEETING TYPE:Town Commission Meeting
MEETING DATE February 7, 2023
SUBMITTED BY:Ingrid Allen, Town Planner, Building Department
SUBJECT:Discussion of Accessory Marine-related Public Input Meetings to include
summary and next steps.
SUMMARY:
On December 5th, 7th, and 13th, 2022, the Town held Public Input Meetings regarding proposed
changes (“amendment concepts”)to the Accessory Marine Facility and seawall regulations of
the Town Code of Ordinances. An identical PowerPoint presentation was presented at each
meeting which identified each amendment concept,any corresponding Town Code regulation
that may apply to the concept, and a “no action” option. Staff prepared a comment sheet which
was available at all three (3) meetings as well as on the Town’s website. Attached are the
comment sheets received. In addition to the comment sheets, staff took notes of comments
and concerns raised by residents in attendance at each meeting. These meeting comments
are provided below by meeting date. The following meeting comment (in italics)required some
additional research by staff which is provided in the table below:
Look at other municipalities with direct Intracoastal Waterway (ICW), how do they handle
encroachment (Comment from December 5th meeting)? Staff response:The following table
provides regulations applicable to other municipalities:
City Dock Encroachment Boat Lift Encroachment
Boca
Raton
6 ft for canals and waterways less
than 100 ft in width or 8 ft for canals
and waterways 100 ft or more in width
(exclusive of pilings), measured from the
property line, seawall or bulkhead,
whichever is nearest to the waterway.
25% of width of canal or waterway or
20 ft, whichever is less. For portions of
a boat lift constructed beyond 20
percent of the width of a canal, only
wood pilings may be utilized and no part
of a boat lift structure shall extend
beyond the face of the wood pilings
nearest the canal center.
Page 31
Pompano
Beach
5 ft for canals and waterways 50 ft in
width or less for canals and waterways
more than 50 ft in width, 8 ft (or 10% of
width of canal and waterway,
whichever is less), as measured from
the property line or measurement
reference line.
20% of width of canal or waterway or
20 feet, whichever is less, as measured
from the property line or measurement
reference line.
Delray
Beach
5 ft into waterway, if no existing
seawall, measured from water’s edge at
mean low tide; 5 ft if existing or
proposed seawall without batter piles,
measured from face of seawall; 7 ft if
existing or proposed seawall with or
without a seawall cap with batter piles,
measured from the face of seawall.
20 ft into waterway from the property
line or seawall or bulkhead, whichever is
nearer to the waterway.
ft =feet
December 5, 2022 (12 residents in attendance, does not include Town Commission or
Planning Board members):
1. Look into FEMA preliminary maps, boat lift height should go up not down.
2. Consider seawall height range to accommodate existing (older) structures. For example,
Fort Lauderdale has a range from 4 feet to 6 feet.
3. Consider measuring encroachment into the water from existing bulkhead line given some
property lines are in the water.
4. Need clear process based on Army Corps of Engineers approval.
5. Support for 10 foot dock setback.
6. Look into provisions for in kind replacement of lifts.
7. Seawall verses property line, consider the one that leaves greater canal space to
traverse.
8. Identify properties that may be disadvantaged when measuring encroachment into
waterway from property line verses seawall.
9. Datum increase of 1.5 feet, maybe height should be increased by 1.5 feet.
10. Consideration for homes built before change to North American Vertical Datum (NAVD).
11. Support for personal watercraft (PWC) exemption.
12. Support for 10 foot setbacks
13. Byrd Beach property owners reject 25 foot setback.
14. Ladder requirement:
-should be homeowner’s choice.
-one (1) ladder per waterfront property.
December 7, 2022 (2 residents in attendance, does not include Town Commission or Planning
Board members):
1. Facilities located within property line should be allowed.
2. Ladder requirement equals safety.
Page 32
December 13, 2022 (15 residents in attendance, does not include Town Commission or
Planning Board members):
1. Floating docks create conflicts and should be addressed in amendment concepts.
2. Boat lift pilings to have 10-15 feet (30 feet maximum)setback, different than docks and
davets.
3. No special exception approval by Planning Board if compliant with proposed concepts.
4. Provide setback for moored boats like Pompano Beach.
5. Proposed amendments to apply to structure as well as boat.
6. Allow accessory marine facilities within the property line , when property line is in the
water.
7. Proposed Base Flood Elevation threshold should not apply to nonconforming structures.
8. Have no special exception requirements if proposed thresholds are met.
9. Grandfather existing accessory marine facilities to replace in kind (regardless of setback
so long as structure was previously permitted and is not a safety hazard).
10. Reduce speed in Intracoastal Waterway. Speed causing wake issue.
11. Increase in seawall height should be mandated given sea level rise.
12. If accessory marine facility is located within property line and property line is in
waterway, it should not need to comply with any proposed encroachment threshold.
13. Make the setback same for single-family and multi-family, not based on lot width.
14. Consider for those developments that wish to replace a continuous dock, that the
proposed 10 foot setback would not prevent a continuous dock from being reinstalled.
Note that Staff received a request to present the proposed amendment concepts at the Bel
Lido HOA meeting scheduled for February 23, 2023.Therefore, there may be additional public
input as a result of this HOA meeting.
Staff is requesting direction from the Commission on whether to provide the proposed
changes,in “concept” form, to the Planning Board for review and recommendation or to move
forward with this initiative in some other way as prescribed by the Commission.
For reference purposes, a brief history on hearings held (and other related matters) relating to
proposed accessory marine facility amendments to the Town Code are provided below:
November 17, 2020 - Town Commission authorized Vice-Mayor Greg Babij to sponsor the
review and propose any amendment(s) to the accessory marine structure ordinance
provisions (motion carried 5-0).
March 15, 2022 –Town Commission considers introduction to proposed amendment
concepts regarding the accessory marine facility provisions of the Town Code. Commission
consensus was to establish a process for review of such amendment concepts to include
public participation and review by the Planning Board.
April 19, 2022 –Town Commission provides direction in establishing a process for review
of amendment concepts as follows:
1. Requests that the Planning Board watch the April 19, 2022 Town Commission
discussion on such item (Number 10D).
2. Requests that the Planning Board physically observe the various canal/lot widths and
existing accessory marine facilities including boat lifts located within the Town.
Page 33
3. Create maps of the various waterway widths (including canal and lakes).
4.Once Board site observations are complete, staff is to send out notices to all
waterfront property owners (west of State Road A1A) prior to the Planning Board
meeting where the Board will discuss proposed amendment concepts as provided to
the Town Commission on March 15, 2022.
May 12, 2022 –Planning Board considers the April 19, 2022 direction provided by the Town
Commission regarding Board review process for proposed amendments to the Accessory
Marine Facility regulations of the Town Code.
May 23-27, 2022 –Individual Board site observations, as noted above, are conducted via
the Police Department’s Marine Patrol Unit (for those Board members who do not have
access to a boat). Note five (5) of the seven (7) Board members conducted their
observations on the Marine Patrol Unit vessel.
June 21, 2022 –Town Commission considers a discussion on a “review timeline” for
proposed amendment concepts. Consensus from the Commission was to hold
neighborhood meetings at the Town library in an effort to engage input from residents on
the proposed changes, and that such meetings commence in October or November upon
return of seasonal residents
August 16, 2022 -Town Commission considers a discussion on a “review timeline” for
proposed amendment concepts. Consensus from the Commission is to hold three (3)
evening meetings in early November 2022.
Note that initial Public Input Meetings were scheduled for November 9 th and 10th, and
December 7th. Due to Hurricane Nicole, the November 9th and 10th meeting dates were
rescheduled to December 5th and 13
th.
ATTACHMENTS:
List of Proposed Amendment Concepts.
Comment sheets received.
Sign-in sheets from Public Input Meetings.
RECOMMENDATION:
At the discretion of the Commission.
Page 34
PROPOSED AMENDMENT CONCEPTS
•Maximum height for AMFs = BFE plus 7 feet.
•Exempt personal watercraft (PWC) lifts from the requirement that “in no
case shall the lift be higher than the superstructure of the boat when lifted”
OR remove requirement.
•Maximum seawall cap width = 3 feet; maximum seawall cap plus dock
width = 8 feet.
•Encroachment into water at 25 feet or 25% of waterway width, whichever is
less (measured from the shortest distance adjacent to property line).
•10-foot side setback for all zoning districts. For lots < 100 feet in width,
setback is 10% of width; however, setback cannot be less than 5 feet.
•Require a ladder for every 50 feet of dock.
ADDITIONAL CONCEPT:
•Maximum seawall height.
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CANAL, LAKE AND LOT WIDTHS1
MAP 1 – SOUTH GRAND CT.
MAP 2 – NORTH GRAND CT.
MAP 3 – IN BETWEEN RUSSELL DR. AND BOCA COVE LN.
MAP 4 – IN BETWEEN BEL AIR DR. AND RUSSELL DR.
MAP 5 – SOUTH OF BEL LIDO DR.
MAP 6 – NORTH OF BEL LIDO DR.
MAP 7 – LOT WIDTHS 2540-2700 S. OCEAN BLVD. (RESIDENTIAL SINGLE FAMILY ZONING DISTRICT)
MAP 8 – LOT WIDTHS 2500-2366 S. OCEAN BLVD. (RESIDENTIAL SINGLE FAMILY ZONING DISTRICT)
MAP 9 – LOT WIDTHS 2362-2332 S. OCEAN BLVD. (RESIDENTIAL SINGLE FAMILY ZONING DISTRICT)
1Canal, Lake and Rear lot widths (LW) provided are an approximate.
Page 56
Length 90.4 �
Length 70 �
Length 65 �
Length 61.5 �
Length 62.4 �
Mul�ple Family
Zoning District
Con�nuous
dock
MAP 1 Canal widths – South of Grand Court
Grand Court
Page 57
Length 77.8 �Length 76 �Length 61.6 �Length 77.8 �
Length 92.8 �
Length 152.4 �
Length 76.2 �
Length 66.7 �
Mul�ple Family
Zoning District
Con�nuous
dock
MAP 2 Canal widths – North of Grand Court
Grand Court
Page 58
Mul�ple Family
Zoning District
Mul�ple Family
Zoning District
Con�nuous
dock
MAP 3 Canal widths: In between Russell Drive and Boca Cove Lane
Page 59
Length 148.5 �Length 144.1 �
LW 100’LW 100 ’LW 100’LW 100’
LW 100’LW 100’
Mul�ple Family
Zoning District
Mul�ple Family
Zoning District
MAP 4 Canal widths: In between Bel Air Drive and Russell Drive
Page 60
Length 89.6 �
Length 90.8 �Length 89.2 �
Length 88.1 �
Length 364.5 �
LW 100’
LW 100’
LW 100’LW 100’
LW 100’
LW 100’
LW 100’
LW 100’
LW 100’
LW 100’
LW 100’
LW 70’
LW 50’
LW 100’LW 100’
Mul�ple
Family
Zoning
District
Single Family
Zoning District
MAP 5 Canal widths: South of Bel Lido Drive
Page 61
Length 144 �
Length 77.3 �
Length 85.6 �
LW 100’
LW 100’
LW 87’
LW 100’
LW 100’
LW 100’
LW 100’
LW 100’
Length 86.4 �
LW 100’
LW 100’
LW 100’
LW 100’
LW 100’
LW 100’Length 95 �
LW 100’
Single Family
Zoning District
Mul�ple
Family
Zoning
District
Mul�ple Family
Zoning District
MAP 6 Canal widths: North of Bel Lido Drive
Page 62
LW 75’
LW 156’
LW 105’
LW 120’
LW 105’
LW 101’
LW 250’
Single
Family
Zoning
District
MAP 7 Lot widths: 2540-2700 South Ocean Blvd.
Page 63
LW 100’
LW 100’
LW 100’
LW 100’
LW 200’
LW 110’
LW 189’
LW 90’
Single
Family
Zoning
District
MAP 8 Canal widths: 2366-2500 South Ocean Blvd.
Page 64
LW 74’
LW 100’
LW 87’
LW 80’
LW 80’
LW 80’
Single
Family
Zoning
District
MAP 9 Lot widths: 2332-2362 South Ocean Blvd.
Page 65
PUBLIC COMMENTS RECEIVED
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File Attachments for Item:
A. Ordinance No. 2023-003 (Second Reading/Public Hearing)
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 (First Reading was October 03, 2023).
Page 87
TOWN OF HIGHLAND BEACH
AGENDA MEMORANDUM
MEETING TYPE: Town Commission Meeting
MEETING DATE November 07, 2023
SUBMITTED BY: Lanelda Gaskins, Town Clerk’s Office
SUBJECT: Ordinance No. 2023-003 (Second Reading/Public Hearing)
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 (First Reding was October 03, 2023).
SUMMARY:
On October 3, 2023, the Town Commission discussed and approved the Proposed Ordinance
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" on first
reading.
Ordinance No. 2023-003 was advertised in accordance with Florida Statutes on October 28,
2023. Therefore Ordinance No. 2023-003 is before Town Commission for adoption on
second/final reading.
FISCAL IMPACT:
N/A
ATTACHMENTS:
Ordinance No. 2023-003 and Legal Advertisement Affidavit
October 3rd Memorandum and Proposed Ordinance
RECOMMENDATION:
Adopt Ordinance No. 2023-003 on second/final reading.
Page 88
TOWN OF HIGHLAND BEACH
ORDINANCE NO. 2023-003
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.
WHEREAS, the Town of Highland Beach, Florida (the “Town”), is a duly constituted
municipality having such power and authority conferred upon it by the Florida Constitution and
Chapter 166, Florida Statutes; and
WHEREAS, the Town Commission wishes to update Chapter 33 “Acquisition of Goods
and Services” to be consistent with updates made to the Town’s Purchasing Policy and Procedures;
and
WHEREAS, it has been determined that this ordinance serves a public purpose and is in
the best interest of the public health, safety, and welfare of the Town of Highland Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF THE
TOWN OF HIGHLAND BEACH, FLORIDA, AS FOLLOWS:
Section 1. The foregoing facts and recitations contained in the preamble to this
Ordinance are hereby adopted and incorporated by reference as if fully set forth herein.
Section 2. The Town of Highland Beach Code of Ordinances, is hereby amended at
Chapter 33, “Acquisition of Goods and Services,” to read as follows:
Chapter 33 – ACQUISITION OF GOODS AND SERVICES
* * *
Sec. 33-2. – Methods of acquisition.
(a) Sealed competitive method. Acquisitions of or contracts for non -real property, goods
or services where the expenditure by the town (including expenditures during renewal
periods, but not expenditures relating to change orders) is estimated to be twenty-five
thousand dollars ($25,000.00) or greater than fifty thousand dollars ($50,000.00) shall be
subject to a sealed competitive method, unless the town utilizes one of the methods that
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Ordinance No. 2023-003
2
is exempt from the sealed competitive method or from obtaining quotes, as provided in
subsection 33-2(c).
(1) Competitive bids. Sealed competitive bids are utilized where price,
responsiveness, and responsibility are the sole determining factors.
(2) Requests for proposals, requests for qualifications, requests for letters of
interest. Requests for proposals, requests for qualifications, and requests for
letters of interest are utilized where price, responsiveness, and responsibility are
not the sole determining factors. The town manager may appoint a selection
committee to review the submissions received by the town in response to request s
for proposals, requests for qualifications, and requests for letters of interest and
make a recommendation to the town commission. The selection committee shall
terminate upon the award of the contract, or such other time as determined by the
town commission.
(3) Submissions. It shall be the sole responsibility of the bidder, proposer or
responder to have the bid, proposal or response delivered before the specified
closing date and time. Bids, proposals or responses received after the closing date
and time shall not be considered and shall be returned unopened. The clock in the
town clerk's office shall govern. All bids, proposals and responses submitted
pursuant to a sealed competitive method shall remain sealed until they are opened
publicly on the date and time and location stated in the notice to bidders, proposers
or responders, or as may be amended by addendum.
(4) Town's reservation of rights. The town may utilize a sealed competitive
method for any acquisition that the town deems appropriate regardl ess of the
estimated cost of the acquisition. Until final award of contract, the town reserves
the right to waive any informality or irregularity and to reject all bids, proposals
and responses, with or without cause.
(b) Purchasing policy. Acquisitions equal to or less than fifty thousand dollars
($50,000.00) under twenty-five thousand dollars ($25,000.00) shall be governed by the
town's purchasing policy.
(c) Exemptions from purchasing by the sealed competitive method or by obtaining a
written quote.
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Ordinance No. 2023-003
3
(1) Professional services. Except as otherwise provided for in Florida law,
contracts for professional services (which include but is not limited to services
provided by architects, engineers, surveyors, attorneys, accountants, actuaries,
lobbyists and finan cial advisors) may be made or entered into by the town
manager without utilizing a sealed competitive method or obtaining written
quotes. Acquisitions of professional services where the expenditure by the town
(including expenditures during renewal periods , but not expenditures relating to
change orders) is estimated to be twenty-five thousand dollars ($25,000.00) or
greater than fifty thousand dollars ($50,000.00) shall be subject to approval by
the town commission.
(2) Specialty goods and services. Acquisitions of or contracts for specialty goods
and services (including but not limited to performing artists, artwork, special
events, entertainment, and food and beverage) may be made or entered into by the
town manager without utilizing a sealed compe titive method or obtaining written
quotes. Acquisitions of specialty goods and services, where the expenditure by
the town is estimated to be twenty-five thousand dollars ($25,000) or greater than
fifty thousand dollars ($50,000.00), shall be subject to ap proval by the town
commission.
(3) Emergency acquisitions. The town manager may acquire or contract for non -
real property, goods, or services required in contemplation of, preparation for, or
during an emergency without utilizing a sealed competitive metho d or obtaining
written quotes regardless of the amount. Emergency acquisitions of non -real
property, goods or services where the expenditure by the town is estimated to be
twenty-five thousand dollars ($25,000.00) or greater than fifty thousand dollars
($50,000.00) shall be subject to ratification by the town commission as soon as
practicable.
(4) Sole source and town standard.
a. Sole source. The town may acquire or contract for non -real property,
goods or services that are available to the town from only one source
without utilizing the sealed competitive method or obtaining written
quotes. Sole source acquisitions where the expenditure by th e town
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Ordinance No. 2023-003
4
(including expenditures during renewal periods, but not expenditures
relating to change orders) is estimated to be twenty-five thousand dollars
($25,000.00) or greater than fifty thousand dollars ($50,000.00) shall be
subject to approval by the town commission.
b. Town standard. Where the town has determined that a particular style,
brand, make, or model is the only type that meets the town's requirements
for performance, consistency, compatibility or other salient
characteristics, and such determina tion has resulted in there being only
one source available to the town, the town may acquire or contract for such
goods without utilizing a sealed competitive method or obtaining written
quotes. Town standard acquisitions where the expenditure by the town
(including expenditures during renewal periods, but not expenditures
relating to change orders) is estimated to be twenty-five thousand dollars
($25,000.00) or greater than fifty thousand dollars ($50,000.00) shall be
subject to approval by the town commis sion.
(5) Utilization of other governmental entities' contracts.
a. The town may acquire or contract for non -real property, goods or
services without utilizing a sealed competitive method or obtaining
written quotes where the desired goods or services are the subject of a
contract with the state, its political subdivisions or other local
governmental entities in the state, with associations in Florida affiliated
with state and/or local governmental entities or departments (such as the
Florida Sheriffs' Association and the Florida Fire Chiefs' Association) or
with the United States government or national cooperatives, provided that
the contract is based strictly on competitive bidding and not on any
preference, and provided that the form of the contract is acceptable to the
town attorney. Acquisitions utilizing other governme ntal entities'
contracts where the expenditure by the town (including expenditures
during renewal periods, but not expenditures relating to change orders) is
estimated to be twenty-five thousand dollars ($25,000.00) or greater than
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Ordinance No. 2023-003
5
fifty thousand dollars ($50,000.00) shall be subject to approval by the
town commission.
b. Utilization of other government entities' contracts shall only be
permitted during the term of the other governmental entity's contract or
for one year from the date the other governmental entity awards the bid,
whichever is longer.
c. If the town desires to utilize another governmental entity's contract, the
town shall require the vendor to certify that the price or rate represents the
lowest price or rate for the non -real property, goods or services of any
contract between the vendor and any other governmental entity within the
state.
(6) Cooperative acquisitions. The town may acquire or contract for non -real
property, goods or services without utilizing a sealed competitive method or
obtaining written quotes where the town participates in joint procurement of non -
real property, goods or services with other public entities within the state,
including, but not limited to acquisitions made pursuant to interlocal agreements
entered into with o ther governmental entities in accordance with F.S. Ch. 163.
Cooperative acquisitions where the expenditure by the town (including
expenditures during renewal periods, but not expenditures relating to change
orders) is estimated to be twenty-five thousand dollars ($25,000.00) or greater
than fifty thousand dollars ($50,000.00) shall be subject to approval by the town
commission.
(7) Utilities. Water, sewer, gas, electrical, and other utility services may be
acquired without utilizing a sealed competitive met hod or obtaining written
quotes and without town commission approval.
(8) Resale. Food, beverages and merchandise purchased for resale, may be
acquired without utilizing a sealed competitive method or obtaining written
quotes and without town commission ap proval.
(9) Employee benefits and health services. Employee benefits and health related
services may be procured/renewed directly through a negotiating process
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Ordinance No. 2023-003
6
conducted by town staff and/or an expert in the field, or to maintain continuity of
employee-health records, and is not subject to competitive procurement methods.
(10) Property, casualty, workers compensation, liability, automobile
insurance. Insurance may be procured/renewed directly through a negotiating
process conducted by town staff and/or an e xpert in the field, or to maintain
continuity of insurance records, and is not subject to competitive procurement
methods.
(11) Best interest acquisitions. The town may acquire or contract for non -real
property, goods or services without utilizing a sealed competitive method or
obtaining written quotes where the town commission declares by at least a four -
fifths (⅘) affirmative vote that the sealed competitive method or obtaining written
quotes is not in the best interest of the town. The town commission sh all make
specific factual findings that support its determination, and such contracts shall
be placed on the regular town commission agenda. This provision may not be
used when the purchasing or procurement method is prescribed by state law, such
as F.S. § 287.055 or 255.20, as amended.
Sec. 33-3. – Town commission approval.
(a) Acquisitions of twenty-five thousand dollars ($25,000.00) or greater than fifty
thousand dollars ($50,000.00). Except as otherwise set forth in the Code, Aacquisitions
of or contracts for non -real property, goods or services where the expenditure by the town
(including expenditures during renewal periods, but not expenditures relating to change
orders) is estimated to be twenty-five thousand dollars ($25,000.00) or greater than fifty
thousand dollars ($50,000.00) shall be subject to prior approval by the town commission ,
except for emergency acquisitions, which are subject to subsequent ratification by the
town commission pursuant to subsection 33-2(c)(3).
(b) Multiple acquisitions from a vendor exceeding twenty-fivefifty thousand dollars
($2550,000.00) in any fiscal year. Acquisitions of or contracts for non -real property,
goods or services from the same vendor exceeding the aggregate sum of twenty-five fifty
thousand dollars ($2550,000.00), per project, shall not be permitted from the same vendor
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Ordinance No. 2023-003
7
during the course of any fiscal year, unless the acquisition is first approved by the town
commission. This subsection shall not apply to utility acquisitions.
* * *
Section 3. Severability. The provisions of this Ordinance are declared to be severable and
if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid
or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences,
clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent
that this Ordinance shall stand notwithstanding the invalidity of any part.
Section 4. Repeal of Laws in Conflict. All ordinances or parts of ordinances in conflict
herewith are hereby repealed to the extent of such conflict.
Section 5. Codification. Section 2 of the Ordinance may be made a part of the Town
Code of Ordinances and may be re-numbered or re-lettered to accomplish such, and the word
“ordinance” may be changed to “section,” “division,” or any other appropriate word.
Section 6. Effective Date. This Ordinance shall be effective immediately upon adoption
at second reading.
The foregoing Ordinance was moved by Commissioner Evalyn David, seconded by
Commissioner Judith Goldberg and upon being put to the vote, the vote was as follows:
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
PASSED on first reading at the Regular Commission meeting held on this 3rd day of October,
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 95
Ordinance No. 2023-003
8
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 96
Sold To:
Town of Highland Beach Florida - CU00661788
3614 S Ocean Blvd
Highland Beach FL 33487,FL 33487-3393
Bill To:
Town of Highland Beach Florida - CU00661788
3614 S Ocean Blvd
Highland Beach FL 33487,FL 33487-3393
Published Daily
Fort Lauderdale, Broward County, Florida
Boca Raton, Palm Beach County, Florida
Miami, Miami-Dade County, Florida
State Of Florida
County Of Orange
Before the undersigned authority personally appeared
Rose Williams, who on oath says that he or she is a duly authorized representative of the SUN- SENTINEL,
a DAILY newspaper published in BROWARD/PALM BEACH/MIAMI-DADE County, Florida; that the
attached copy of advertisement, being a Legal Notice in:
The matter of 11720-Notice of Public Meeting ,
Was published in said newspaper by print in the issues of, or by publication on the
newspaper¶s website, if authorized on Oct 28, 2023
Affiant further says that the newspaper complies with all legal requirements for
publication in Chapter 50, Florida Statutes.
Signature of Affiant
Sworn to and subscribed before me this: October 30, 2023.
Signature of Notary Public
Name of Notary, Typed, Printed, or Stamped
Personally Known (X) or Produced Identification ( )
Affidavit Delivery Method: E-Mail
Affidavit Email Address: lgaskins@highlandbeach.us
7513602
SUN-SENTINEL
Page 97
Order # - 7513602
SUN-SENTINEL
Page 98
SUN-SENTINEL
Page 99
File Attachments for Item:
B. Ordinance No. 2023-004 (Second Reading/Public Hearing)
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 (First Reading was October 17, 2023).
Page 100
TOWN OF HIGHLAND BEACH
AGENDA MEMORANDUM
MEETING TYPE: Town Commission Meeting
MEETING DATE November 07, 2023
SUBMITTED BY: Lanelda Gaskins, Town Clerk’s Office
SUBJECT: Ordinance No. 2023-004 (Second Reading/Public Hearing)
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 (First Reading was October 17, 2023).
SUMMARY:
On October 17, 2023, the Town Commission discussed the Proposed Ordinance 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 1 st (beginning In 2025) in
accordance with the Regional Consumer Price Index (MSA) on first reading.
The Town Commission discussed including an additional whereas clause to read as follows:
“Whereas the funding limitation of $350,000 set forth in the Town’s Charter at Section 2.01(30)
was established in 1992.” Commissioners David and Peters moved to approve the Proposed
Ordinance with the additional Whereas clause. The motion passed unanimously 5 to 0.
Please note, the ballot summary of the proposed Charter amendment will be R eferendum
Question No. 2 on the official ballot, as outlined on Ordinance No. 2023 -004.
Ordinance No. 2023-004 was advertised in accordance with Florida Statutes on October 28,
2023. Therefore Ordinance No. 2023-004 is before Town Commission for adoption on
second/final reading.
Page 101
FISCAL IMPACT:
N/A
ATTACHMENTS:
Ordinance No. 2023-004 and Legal Advertisement Affidavit
RECOMMENDATION:
Adopt Ordinance No. 2023-004 on second/final reading.
Page 102
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 funding limitation of $350,000 set forth in the Town’s Charter at Section
2.01(30) was established in 1992; 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
Page 103
Ordinance No. 2023-004
2
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
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:
REFERENDUM QUESTION NO. 2
Page 104
Ordinance No. 2023-004
3
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
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.
Page 105
Ordinance No. 2023-004
4
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.
The foregoing Ordinance was moved by Commissioner David, seconded by Commissioner Peters
and upon being put to the vote, the vote was as follows:
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
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 106
Sold To:
Town of Highland Beach - CU00398185
3614 So. Ocean Blvd.
Highland Beach,FL 33487
Bill To:
Town of Highland Beach - CU00398185
3614 So. Ocean Blvd.
Highland Beach,FL 33487
Published Daily
Fort Lauderdale, Broward County, Florida
Boca Raton, Palm Beach County, Florida
Miami, Miami-Dade County, Florida
State Of Florida
County Of Orange
Before the undersigned authority personally appeared
Rose Williams, who on oath says that he or she is a duly authorized representative of the SUN- SENTINEL,
a DAILY newspaper published in BROWARD/PALM BEACH/MIAMI-DADE County, Florida; that the
attached copy of advertisement, being a Legal Notice in:
The matter of 11720-Notice of Public Meeting ,
Was published in said newspaper by print in the issues of, or by publication on the
newspaper¶s website, if authorized on Oct 28, 2023
Affiant further says that the newspaper complies with all legal requirements for
publication in Chapter 50, Florida Statutes.
Signature of Affiant
Sworn to and subscribed before me this: October 30, 2023.
Signature of Notary Public
Name of Notary, Typed, Printed, or Stamped
Personally Known (X) or Produced Identification ( )
Affidavit Delivery Method: E-Mail
Affidavit Email Address: lgaskins@highlandbeach.us
7519796
SUN-SENTINEL
Page 107
SUN-SENTINEL
Page 108
Order # - 7519796
SUN-SENTINEL
Page 109
File Attachments for Item:
C. Ordinance No. 2023-005 (Second Reading/Public Hearing)
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 (First
Reading was October 17, 2023).
Page 110
TOWN OF HIGHLAND BEACH
AGENDA MEMORANDUM
MEETING TYPE: Town Commission Meeting
MEETING DATE November 07, 2023
SUBMITTED BY: Lanelda Gaskins, Town Clerk’s Office
SUBJECT: Ordinance No. 2023-005 (Second Reading/Public Hearing)
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 (First
Reading was October 17, 2023).
SUMMARY:
On October 17, 2023, the Town Commission discussed the Proposed Ordinance 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, Secti on
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 r eferendum; providing
for referendum canvassing on first reading.
The Town Commission discussed amending the sixth whereas clause to include language
about the town saving money. The sixth whereas clause will read as follows: “Whereas, the
Town Commission hereby finds that it is in the best interests of the Town, saves the town
money, and serves the public health, welfare and safety to amend its Charter at Article 1,
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.” Commissioners David and Goldberg moved to approve Ordinance No.
2023-005 with the additional wording. The motion passed unanimously 5 to 0.
Please note, the ballot summary of the proposed Charter amendment will be Referendum
Question No. 3 on the official ballot, as outlined on Ordinance No. 2023 -005.
Page 111
Ordinance No. 2023-005 was advertised in accordance with Florida Statutes on October 28,
2023. Therefore Ordinance No. 2023-005 is before Town Commission for adoption on
second/final reading.
FISCAL IMPACT:
N/A
ATTACHMENTS:
Ordinance No. 2023-005 and Legal Advertisement Affidavit
RECOMMENDATION:
Adopt Ordinance No. 2023-005 on second/final reading.
Page 112
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,
serves the public health, welfare and safety, and saves the Town money to amend its Charter at
Article I, Section 1.06(7), to allow the town commission to designate, 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
Page 113
Ordinance No. 2023-005
2
Charter at Article I, Section 1.06(7) should be amended 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 (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:
REFERENDUM QUESTION NO. 3
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
Page 114
Ordinance No. 2023-005
3
COUNTY CANVASSING BOARD TO SERVE AS HIGHLAND BEACH’S
CANVASSING BOARD DURING UNIFORM MUNICIPAL ELECTIONS?
______ 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.
Page 115
Ordinance No. 2023-005
4
Section 12. Effective Date. This Ordinance shall be effective immediately upon adoption
at second reading.
The foregoing Ordinance was moved by Commissioner David seconded by Commissioner
Goldberg and upon being put to the vote, the vote was as follows:
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
PASSED on first reading at the Regular Commission meeting held on this 17th day of October,
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 116
Sold To:
Town of Highland Beach - CU00398185
3614 So. Ocean Blvd.
Highland Beach,FL 33487
Bill To:
Town of Highland Beach - CU00398185
3614 So. Ocean Blvd.
Highland Beach,FL 33487
Published Daily
Fort Lauderdale, Broward County, Florida
Boca Raton, Palm Beach County, Florida
Miami, Miami-Dade County, Florida
State Of Florida
County Of Orange
Before the undersigned authority personally appeared
Rose Williams, who on oath says that he or she is a duly authorized representative of the SUN- SENTINEL,
a DAILY newspaper published in BROWARD/PALM BEACH/MIAMI-DADE County, Florida; that the
attached copy of advertisement, being a Legal Notice in:
The matter of 11720-Notice of Public Meeting ,
Was published in said newspaper by print in the issues of, or by publication on the
newspaper¶s website, if authorized on Oct 28, 2023
Affiant further says that the newspaper complies with all legal requirements for
publication in Chapter 50, Florida Statutes.
Signature of Affiant
Sworn to and subscribed before me this: October 30, 2023.
Signature of Notary Public
Name of Notary, Typed, Printed, or Stamped
Personally Known (X) or Produced Identification ( )
Affidavit Delivery Method: E-Mail
Affidavit Email Address: lgaskins@highlandbeach.us
7519796
SUN-SENTINEL
Page 117
SUN-SENTINEL
Page 118
Order # - 7519796
SUN-SENTINEL
Page 119
File Attachments for Item:
D. Ordinance No. 2023-006 (Second Reading/Public Hearing)
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
(First Reading was October 17, 2023).
Page 120
TOWN OF HIGHLAND BEACH
AGENDA MEMORANDUM
MEETING TYPE: Town Commission Meeting
MEETING DATE November 07, 2023
SUBMITTED BY: Lanelda Gaskins, Town Clerk’s Office
SUBJECT: Ordinance No. 2023-005 (Second Reading/Public Hearing)
An Ordinance of the Town Commission of the Town of Highland Beach,
Florida, amending the Administrative Amendments to the 7 th (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 (First Reading was October 17, 2023).
SUMMARY:
On October 17, 2023, the Town Commission discussed and approved the Proposed
Ordinance 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 on first reading.
Ordinance No. 2023-006 was advertised in accordance with Florida Statutes on October 28,
2023. Therefore Ordinance No. 2023-006 is before Town Commission for adoption on
second/final reading.
FISCAL IMPACT:
N/A
ATTACHMENTS:
Ordinance No. 2023-006 and Legal Advertisement Affidavit
RECOMMENDATION:
Adopt Ordinance No. 2023-006 on second/final reading.
Page 121
Page 122
TOWN OF HIGHLAND BEACH
ORDINANCE NO. 2023-006
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 123
Ordinance No. 2023-006
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 124
Ordinance No. 2023-006
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 125
Ordinance No. 2023-006
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 126
Ordinance No. 2023-006
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 127
Ordinance No. 2023-006
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.
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Ordinance No. 2023-006
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
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Ordinance No. 2023-006
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 130
Ordinance No. 2023-006
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 Commissioner David, seconded by Commissioner
Goldberg and upon being put to the vote, the vote was as follows:
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
PASSED on first reading at the Regular Commission meeting held on this 17th day of October
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 131
Ordinance No. 2023-006
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 132
Sold To:
Town of Highland Beach - CU00398185
3614 So. Ocean Blvd.
Highland Beach,FL 33487
Bill To:
Town of Highland Beach - CU00398185
3614 So. Ocean Blvd.
Highland Beach,FL 33487
Published Daily
Fort Lauderdale, Broward County, Florida
Boca Raton, Palm Beach County, Florida
Miami, Miami-Dade County, Florida
State Of Florida
County Of Orange
Before the undersigned authority personally appeared
Rose Williams, who on oath says that he or she is a duly authorized representative of the SUN- SENTINEL,
a DAILY newspaper published in BROWARD/PALM BEACH/MIAMI-DADE County, Florida; that the
attached copy of advertisement, being a Legal Notice in:
The matter of 11720-Notice of Public Meeting ,
Was published in said newspaper by print in the issues of, or by publication on the
newspaper¶s website, if authorized on Oct 28, 2023
Affiant further says that the newspaper complies with all legal requirements for
publication in Chapter 50, Florida Statutes.
Signature of Affiant
Sworn to and subscribed before me this: October 30, 2023.
Signature of Notary Public
Name of Notary, Typed, Printed, or Stamped
Personally Known (X) or Produced Identification ( )
Affidavit Delivery Method: E-Mail
Affidavit Email Address: lgaskins@highlandbeach.us
7519796
SUN-SENTINEL
Page 133
SUN-SENTINEL
Page 134
Order # - 7519796
SUN-SENTINEL
Page 135
File Attachments for Item:
A. Approval of Meeting Minutes
October 17, 2023 Town Commission Meeting Minutes
Page 136
TOWN OF HIGHLAND BEACH
TOWN COMMISSION MEETING MINUTES
TOWN HALL COMMISSION CHAMBERS
3614 S. OCEAN BLVD.
HIGHLAND BEACH, FL
Date: October 17, 2023
Time: 1:30 P.M.
1. CALL TO ORDER
Mayor Moore called the meeting to order at 1:30 P.M.
2. ROLL CALL
Commissioner Judith Goldberg
Commissioner Donald Peters
Commissioner Evalyn David
Vice Mayor David Stern
Mayor Natasha Moore
Town Manager Marshall Labadie
Town Attorney Glen Torcivia
Town Clerk Lanelda Gaskins
3. PLEDGE OF ALLEGIANCE
The Town Commission led the Pledge of Allegiance to the United States of America,
followed by a moment of silence for Israel.
4. APPROVAL OF THE AGENDA
Mayor Moore added Resolution No. 2023-032 to the agenda as Item 5.A., and former
Item 5.A., Resolution No. 2023-030, was moved to Item 5.B. under Presentations /
Proclamations.
MOTION: David/Stern – Moved to approve the agenda as amended, which passed
unanimously 5 to 0.
5. PRESENTATIONS / PROCLAMATIONS
A. Resolution No. 2023-032 (Item added to the agenda as Item 5.A.)
A Resolution of the Town Commission of the Town of Highland Beach,
Florida, expressing the Town's support of the State of Israel; and providing
for an effective date.
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Town Commission Meeting Minutes
Date: October 17, 2023 Page 2 of 8
Mayor Moore introduced this item.
MOTION: Peters/Goldberg – Moved to approve Resolution No. 2023-032,
which passed unanimously 5 to 0.
B. Resolution No. 2023-030 (Formally Item 5.A.)
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 -030. The two applicants for
consideration were Eve Rosen and David Axelrod . The Town Commission
interviewed Mr. Axelrod. He voiced his interest in serving on the Planning Board.
Ms. Rosen was not present at the meeting.
MOTION: Moore/Stern – Moved to approve Resolution No. 2023-030,
appointing David Axelrod to the Planning Board. Upon a roll call:
Mayor Moore (Yes); Vice Mayor Stern (Yes); Commissioner
Goldberg (Yes); Commissioner Peters (Yes); and Commissioner
David (Yes). The motion passed unanimously 5 to 0.
6. PUBLIC COMMENTS
There were no public comments.
7. ANNOUNCEMENTS
Mayor Moore read the announcements as follows:
Board Vacancies
Board of Adjustment and Appeals Two (2) vacancies for a three-year term 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.
Page 138
Town Commission Meeting Minutes
Date: October 17, 2023 Page 3 of 8
8. ORDINANCES
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.
Mayor Moore introduced this item. At the October 3rd meeting, the Town
Commission made a recommendation to add the word “rehabilitation” before the
word “project” in the title of the resolution.
Town Manager Labadie provided comments about the age and condition of the
current pipes, the future lining of the existing clay pipes, and what would happen
if the referendum question did not go forward in March. Breakage in the sewer
system would lead to emergency replacement and could cause significant
inconveniences for residents at a much higher cost. He also commented on open
excavation, the 2021 competitive solicitation (bids), the gravity sewer system
closed circuit videos, a state revolving grant program, and the lobbyist assisting
with state appropriations for the project.
Moore opened the item for public comments. Hearing none, she closed the public
comments.
MOTION: David/Stern – Moved to approve Resolution No. 2023-031 with a not
more than 30-year payout. 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. 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 1 st
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Town Commission Meeting Minutes
Date: October 17, 2023 Page 4 of 8
(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.
Mayor Moore introduced this item.
Finance Director David DiLena commented on the consumer price index.
Mayor Moore suggested adding a new Whereas clause as to when the Town
established the $350,000 funding limitation.
Mayor Moore opened the item for public comments.
Mr. Rick Greenwald provided comments.
Hearing no further comments, Mayor Moore closed the public comments.
There was further discussion about the language for the new Whereas clause.
Town Attorney Torcivia suggested the following: “Whereas, the funding limitation
of $350,000 set forth in the Town's Charter at Section 2.01(30) was established
in 1992.”
MOTION: David/Peters – Moved to approve Ordinance No. 2023-004 on first
reading with the addition of a whereas clause specifically stating, “the
funding limitation of $350,000 set forth in the T own's Charter at
Section 2.01(30) was established in 1992.” The motion passed
unanimously 5 to 0.
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.
Mayor Moore introduced this item. The Town Commission discusses the
designation of the canvassing board by resolution annually, the current municipal
canvassing board as written in the Town's Charter, and the responsibility of the
canvassing board.
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Town Commission Meeting Minutes
Date: October 17, 2023 Page 5 of 8
Mayor Moore suggested including an additional Whereas clause concerning the
Town saving money by using the County Canvassing Board.
Town Attorney Torcivia suggested adding the language to the sixth Whereas
clause. The language would read as follows: “Whereas, the Town Commission
hereby finds that it is in the best interests of the Town, saves the town money,
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.
Mayor Moore opened the public comments. Hearing none, she closed the public
comments.
MOTION: David/Goldberg – Moved to approve Ordinance No. 2023-005 with
the amended Whereas clause. The motion passed unanimously 5
to 0.
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.
Building Official Jeffrey Reman explained why the proposed ordinance amends
the existing ordinance.
Mayor Moore opened the public comments. Hearing none, she closed the public
comments.
MOTION: David/Goldberg – Moved to approve the Proposed Ordinance
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. The
motion passed unanimously 5 to 0.
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Town Commission Meeting Minutes
Date: October 17, 2023 Page 6 of 8
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
October 03, 2023 Town Commission Meeting Minutes
MOTION: David/Stern – Moved to approve the Consent Agenda as presented,
which passed unanimously 5 to 0.
10. UNFINISHED BUSINESS
A. Fire Rescue Implementation Update
Town Manager Labadie provided an update on Fire Rescue Implementation as
follows:
Recruiting process: They will be interviewing the firefighter paramedic applicants
this week. The fire captain applicants are finishing their pre-employment
physicals and background checks. The are beginning phase 2 of the background
check for the firefighter drivers applicants.
Construction: The mezzanine and bay roof concrete pour was completed, the
second-floor roof concrete will be poured this week, and the first-floor framing will
begin next week. The windows, stucco exterior, and doors will be done in about
a week.
The City of Riveria Beach will store the Town’s fire truck after the painting has
been completed.
B. Florida Department of Transportation (FDOT) RRR Project Update
Town Manager Labadie provided an update on the project. FDOT has yet to be
able to provide a schedule. They plan to bid the project out in December. Once a
contractor is selected, they will begin to build a means and method schedule for
the project. They are aiming for a post-season start in this budget year.
C. Building Department Recertification Program Update
Building Official Jeffery Remus provided an update on the Building Department
Recertification Program. There is 100% compliance with the buildings that are
due at this time. Also, there are 15 buildings that are not due yet, and 16 buildings
were given extensions that are due in November and December.
D. Continued discussion of Milani Park.
Town Commission discussions ensued regarding Milani Park.
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Town Commission Meeting Minutes
Date: October 17, 2023 Page 7 of 8
Town Manager Labadie encouraged the stakeholder's involvement, such as a
group of residents getting petitions. He suggested that the Town Commission
wait until after the February 2024 public meeting to attend a Palm Beach County
Commission meeting. He also suggested hiring a legal counsel and an
archeologist to manage this matter.
Discussion ensued about other land uses, historical/archaeological preservation,
safety, and the costs associated with building the park. There was a discussion
about hiring a specialist to assist with this.
Mayor Moore opened the item for public comments.
Mr. Richard Greenwald spoke about several avenues the Town Commission
could take concerning Milani Park.
Mayor Moore closed the public comments.
Motion: David/Goldberg - Moved to hire a special project coordinator to bring
in all the necessary personnel to determine what is the best use of
that property for most people in our county. Upon a 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.
11. NEW BUSINESS
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.
Mayor Moore read the title of Item 11.A.
Pat Roman, Public Works Director, presented this item.
MOTION: David/Goldberg – Moved to 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. The motion
passed unanimously 5 to 0.
12. TOWN COMMISSION COMMENTS
Commissioner Judith M. Goldberg thanked the Town Commission and the public.
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Town Commission Meeting Minutes
Date: October 17, 2023 Page 8 of 8
Commissioner Donald Peters commented on the community prayer vigil held last
Thursday. He thanked those who organized the event.
Commissioner Evalyn David thanked Dr. Greenwald for his perspective on the Milani
Park property. She also commented on the community prayer vigil event held last
Thursday.
Vice Mayor David Stern spoke about the community prayer vigil held last Thursday.
Mayor Natasha Moore provided comments on the community prayer vigil held last
Thursday. She acknowledged Jeffrey Remas for participating on the Palm Beach
County Construction Industry Licensing Board.
13. TOWN ATTORNEY’S REPORT
Town Attorney Torcivia had nothing to report.
14. TOWN MANAGER’S REPORT
Town Manager Labadie thanked Father Horgan and discussed their partnership and
having the Light Up the Holiday event at St. Lucy Catholic Church. He and Terisha
will be meeting with Father Horgan about the future event.
He encouraged the Town Commission to attend the Florida League of Cities monthly
meeting.
15. ADJOURNMENT
The meeting adjourned at 3:33 P.M.
APPROVED: November 07, 2023, Town Commission Meeting.
ATTEST: Natasha Moore, Mayor
Transcribed by
Jaclyn DeHart and Lanelda Gaskins
11/07/2023
Lanelda Gaskins, MMC
Town Clerk
Date
Disclaimer: Effective May 19, 2020, per Resolution No. 20 -008, all meeting minutes
are transcribed as a brief summary reflecting the events of this meeting. Verbatim
audio/video recordings are permanent records and are available on the Town’s Media
Archives & Minutes webpage: https://highlandbeach-fl.municodemeetings.com/.
Page 144
File Attachments for Item:
A. Approve and authorize the Town Manager to execute a Construction Services
Agreement with Baxter & Woodman, Inc. in the amount of $89,935.22 for Lift Station
No. 3 Rehabilitation Project.
Page 145
TOWN OF HIGHLAND BEACH
AGENDA MEMORANDUM
MEETING TYPE: Town Commission Meeting
MEETING DATE November 07, 2023
SUBMITTED BY: Pat Roman, Public Works Director
SUBJECT: Approve Baxter & Woodman Construction Service Agreement Lift
Station 3
SUMMARY:
The Florida Department of Environmental Protection, via grant LPA0539, has provided the
Town of Highland Beach with funds for the Lift Station No. 3 Rehabilitation project. We are
requesting Baxter &Woodman to provide services during construction, part time inspection
services, and grant administration assistance.
The Scope of Services consists of the following three (3) tasks:
Task 1 – General Services During Construction
Task 2 – Resident Project Representative (RPR) Services (Part Time)
Task 3 – Grant Administration Assistance
FISCAL IMPACT:
$89,935; Already Budgeted in Sewer System – Professional Fees
ATTACHMENTS:
Task Order 23 Revised LS# 3 Construction Services Agreement CSA As-Sent 2023-10-18
RECOMMENDATION:
Commission approval.
Page 146
Town of Highland Beach
Baxter & Woodman, Inc. (B&W)
September 28, 2023, Revised October 17, 2023
(B&W) Project # 0220507.60
Task Order No. 23
Lift Station No. 3 Rehabilitation – Construction Services Agreement
Background
Baxter & Woodman, Inc. (B&W) has completed design of the Lift Station No. 3 Rehabilitation
project and has completed all services in Task Order No. 23 dated April 26, 2022. B&W provided
our analysis and bid recommendation on August 30th, 2023. The Florida Department of
Environmental Protection, via grant LPA0539, has provided the Town of Highland Beach
(TOWN) with funds for the Lift Station No. 3 Rehabilitation project. The TOWN has requested
B&W to provide services during construction, part time inspection services, and grant
administration assistance.
Scope of Services
B&W has previously prepared the Contract Documents for the project and the TOWN now
requests B&W to provide a Construction Services Authorization CSA to perform general
construction services and grant administration assistance during the construction of the proposed
improvements.
The Scope of Services consists of the following three (3) tasks:
Task 1 – General Services During Construction
Task 2 – Resident Project Representative (RPR) Services (Part Time)
Task 3 – Grant Administration Assistance
Task 1: General Services During Construction
1. Pre-Construction Conference
B&W shall prepare an agenda and conduct pre-construction conference with the selected
Contractor and TOWN staff. B&W shall also prepare an agenda, conduct the meeting, and
issue written minutes of meeting to all attendees. A total of 6 hours is budgeted for this
task.
2. General Administration
B&W shall provide general construction administration for the duration of the project. The
Contractors construction schedule is 12 months to Final Completion. We anticipate months
during the construction schedule in which no work will be performed requiring
construction administration therefore, our hourly estimation is based on 8 hours a month
for 8 months. A total of 65 hours is budgeted for this task.
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10/18/2023 Baxter & Woodman, Inc.
3. Submittal Review
B&W and our electrical subconsultant Electrical Design Associates (EDA) shall review
Shop Drawing and Product submittals for general conformance with the design intent and
provisions of the Contract Documents. B&W will submit reviewed shop
drawings/submittals to TOWN for their records. A total of 20 hours is budgeted for B&W
for this task.
4. Monthly Meetings
B&W shall attend construction progress meetings monthly and provide a written summary
of the construction issues discussed. Project meetings will be conducted by the
Construction Manager with the Resident Project Representative also in attendance.
Meetings shall be held at TOWN facilities. Following the meeting, the Construction
Manager will prepare and distribute meeting minutes to the TOWN and other attendees.
Nine (9) progress meetings, 4 hours per meeting which includes preparation and meeting
minutes. A total of 36 hours is budgeted for this task.
5. Payment Application and Schedule Review
B&W shall review Contractor’s monthly payment applications and contractor’s
construction schedule submitted in a format acceptable to the TOWN. Based on onsite
observations as an experienced and qualified professional and on review of Contractor
applications for payment and accompanying data and schedules, B&W shall determine the
amounts owing to the Contractor and recommend, in writing, payments to Contractor in
such amounts. This also includes monitoring the construction schedule monthly and
reporting to the TOWN conditions, which may cause delay in completion. A 12-month
construction period is assumed.
6. Construction Clarifications
B&W shall respond in writing to Contractor's Request For Information (RFI) regarding the
design documents. Ten (10) RFIs is assumed for this task for 2 hours each. A total of 20
hours is budgeted for this task.
7. Periodic Field Inspections/Startup
B&W and EDA representatives will be in attendance for the startup(s) of equipment.
Startup(s) are to be scheduled by the contractor. Time associated with station start up is
estimated at a maximum of 8 hours. A total of 8 hours is budgeted by B&W for this task.
8. Substantial and Final Inspection
In conjunction with TOWN staff, B&W and EDA representatives shall make preliminary
and final inspections and prepare a "punch list" upon Substantial Completion when notified
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10/18/2023 Baxter & Woodman, Inc.
by the Contractor. Review completion of the identified punch list items to determine that
Final Completion of the work has been achieved by the Contractor. B&W shall be involved
with the project through Contractor Closeout and advise the TOWN when Final
Acceptance of the project has been reached in accordance with the Contract Documents. A
total of 8 hours for B&W has been budgeted for this task.
9. Certification of Construction Completion (Grant Requirement)
B&W shall certify to TOWN, Grant Agencies, and Regulatory Authorities based on visible
project features, B&W’s inspections, and a review of testing reports that the project was
constructed in accordance with the Plans and Specifications as submitted in the permit
applications. A total of 2 hours has been budgeted for this task.
Task 2: Resident Project Representative Services
B&W shall provide a part-time (average 20 hours/week) RPR during the field-construction
(assume 16 weeks of field inspection services) of the project for a total of 320 hours. Activities
performed under this task consist of furnishing an RPR to observe the construction to assist the
Contractor with interpretation of the Drawings and Specifications, to observe in general if the
Contractor’s work is in conformity with the Final Design Documents, and to monitor the
Contractor’s progress as related to the Construction Contract date of completion.
Through standard, reasonable means, Engineer will become generally familiar with observable
completed work. If the Engineer observes completed work that is inconsistent with the
construction documents, that information shall be communicated to the contractor and Owner to
address. Engineer shall not supervise, direct, control, or have charge or authority over any
contractor’s work, nor shall the Engineer have authority over or be responsible for the means,
methods, techniques, sequences, or procedures of construction selected or used by any contractor,
or the safety precautions and programs incident thereto, for security or safety at the site, nor for
any failure of any contractor to comply with laws and regulations applicable to such contractor’s
furnishing and performing of its work. Engineer neither guarantees the performance of any
contractor nor assumes responsibility for any contractor’s failure to furnish and perform the work
in accordance with the contract documents, which contractor is solely responsible for its errors,
omissions, and failure to carry out the work. Engineer shall not be responsible for the acts or
omissions of any contractor, subcontractor, or supplier, or of any of their agents or employees or
any other person, (except Engineer’s own agents, employees, and consultants) at the site or
otherwise furnishing or performing any work; or for any decision made regarding the contract
documents, or any application, interpretation, or clarification, of the contract documents, other
than those made by the Engineer.
Part-Time Field Observation provides that the Resident Project Representative will make
intermittent site visits to observe the progress and quality of Contractor’s executed Work. Part-
Time Field Observation does not guarantee the Engineer will observe or comment on work
completed by the contractor at times the Resident Project Representative is not present on site.
Such visits and observations by the Resident Project Representative, if any, are not intended to be
exhaustive or to extend to every aspect of Contractor’s Work in progress or to involve detailed
inspections of Contractor’s Work in progress beyond the responsibilities specifically assigned to
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10/18/2023 Baxter & Woodman, Inc.
Engineer in this Agreement and the Contract Documents, but rather are to be limited to spot
checking, selective sampling, and similar methods of general observation of the Work based on
Engineer’s exercise of professional judgment as assisted by the Resident Project Representative,
if any.
Keep a daily record of the Contractor’s work on those days that the Engineers are at the
construction site including notations on the nature and cost of any extra work.
Task 3: Grant Administration Assistance
B&W shall provide grant administration assistance one hour a month for the duration of
the project (12 months to Final Completion). Sub-tasks to include meetings with grant
agencies, monthly grant update reporting requirements, site visits and any other
requirements of LPA0539. Applicable grant reporting documentation shall be provided by
B&W to the TOWN for the Town’s submittal to the Grant Agency. RPR services will be
required in conjunction with grant assistance to provide construction certification of
completion services. A total of 12 hours has been budgeted for this task.
LIMITATIONS OF AUTHORITY
Except upon written instructions of B&W, Resident Project Representative:
1. Shall not authorize any deviation from the Contract Documents or approve any
substitute materials or equipment.
2. Shall not exceed limitations on B&W’s authority as set forth in the Contract
Documents.
3. Shall not undertake any of the responsibilities of Contractor, Subcontractors or
Construction Manager, or expedite the Work.
4. Shall not advise on or issue directions relative to any aspect of the means, methods,
techniques, sequences or procedures of construction unless such is specifically called
for in the Contract Documents.
5. Shall not authorize Owner to occupy the Project in whole or in part.
ASSUMPTIONS
1. The Town is responsible for all permitting fees
2. The Town will provide coordination for access to the lift station site, will be available
and assist in coordination of system shut down of the lift station in anticipation of the
work.
3. The Town will provide landscape trimming/clearing as necessary of the existing
perimeter landscape material for the contractor’s site access.
4. Contractor will be required to secure any building permits.
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10/18/2023 Baxter & Woodman, Inc.
CONTRACT PERFORMANCE
Proposed fees for completion of the work tasks are summarized below and detailed in Attachment
A.
SUMMARY OF PROPOSED FEES
Proposed labor costs and associated expense for engineering services are tabulated below.
Engineering Services Fees (Lump Sum)
Task 1 – General Services During Construction $ 31,530.15
Task 2 – Resident Project Representative $ 41,958.40
Task 3 – Grant Assistance $ 1,636.44
Sub- Consultant 11,009.30 X 1.1 Multiplier $ 12, 110.23
Reimbursables (printing, postage, mileage) NTE $ 2,700.00
Total Engineering Services $ 89,935.22
PROJECT SCHEDULE
The duration of work tasks are summarized below:
Estimated start of Construction: October 2023
Estimated end of Construction: October 2024
Completion Time
(Calendar Days) from
Engineering Services Task Duration Notice to Proceed*
Tasks 1 & 3 – Construction Administration 8 Months 12 Months
Tasks 2 - Resident Project Rep. Services 4 Months 11 Months
Total Project Time Period: 12 Months
Page 151
Page 152
Sr
Principal Engineer Sr Sub-
Engineer II Engineer II Inspector Cadd Clerical Total Consultant
Task No.Task Description $193.02 $170.99 $136.37 $131.12 $113.29 $76.58 Labor Services
1 General Services During Construction EDA
1.1 Pre-Construction Conference 3 3 $922.08
1.2 General Administration 65 $11,114.35
1.3 Submittal Review 20 $2,727.40
1.4 Monthly Meetings 27 9 $5,844.06
1.5 Payment Application Review 24 12 $5,740.20
1.6 Construction Clarifications (RFI's)20 $2,727.40
1.7 Field Inspections/ Start Up 8 $1,090.96
1.8 Substantial & Final Inspections 8 $1,090.96
1.9 Certification of Construction Completion 2 $272.74
Subtotal:0 119 82 0 0 0 0 $31,530.15 $11,009.30
2 Resident Project Representative $0.00 EDA
Subtotal:0 0 0 0 320 0 0 $41,958.40
3 Grant Assistance 12 $1,636.44
Subtotal:0 0 12 0 0 0 0 $1,636.44 $0.00
Labor Subtotal Hours 0 119 94 0 320 0 0
Labor Subtotal Costs $0.00 $20,347.81 $12,818.78 $0.00 $41,958.40 $0.00 $0.00 $75,124.99 $11,009.30
Labor Total Costs $75,124.99
Subconsultant Costs Total $11,009.30
Subconsultant Multiplier 1.1
Subconsultant Total $12,110.23
Reimbursable Expenses (printing, postage, mileage)$2,700.00
Project Total (Lump Sum)$89,935.22
Attachment A
Town of Highland Beach
LIFT STATION NO. 3 REHABILITATION - GENERAL CONSTRUCTION SERVICES
Fee Table 2023 (Updated 10-11-23)
Labor Classification and Hourly Rates
Attachment A Baxter Woodman, Inc.
Page 153
7284 WEST PALMETTO PARK RD, SUITE 302-S • BOCA RATON, FL• 33433
PHONE: 561-819-5556 • FAX: 561-819-5557
October 17, 2023
Mr. Jake Hurley, P.E.
Engineer III
Baxter and Woodman
1601 Forum Place, Suite 400
West Palm Beach, Florida 33401
Re: Lift Station No. 3 Upgrade
Town of Highland Beach, Florida
Dear Mr. Hurley:
We are pleased to submit our revised proposal for electrical engineering services for the above
project. The following serves to provide an overview of the engineering services Electrical
Design Associates, Inc. (EDA) intends to furnish on the above referenced project to Baxter and
Woodman (BW). Your signature on this agreement will serve as your letter of intent and official
notice to proceed with the referenced work. Our services shall include general services during
construction and shall include the following:
The below services are based on an estimated construction schedule of 12 months to Substantial
Completion of the lift station upgrade. The construction phase will start immediately following
issuance of Notice to Proceed. Any work requested by BW and/or the Owner beyond the
estimated construction schedule will be classified as supplemental services.
Task 1 – Construction Services:
1.Pre-Construction Activities: EDA shall attend the pre-construction meeting.
2.Conformed Documents: EDA shall prepare Conformed Drawings / As Bid For
Construction Documents to reflect the construction set. EDA shall provide one (1)
electronic PDF format set of the conformed documents. All additional reproduction to be
completed by others.
3.Shop Drawing Review: EDA shall review and approve (or take other appropriate action
in respect of) additional Shop Drawings and samples, the results of tests and inspections
and other data which each Contractor is required to submit, but only for conformance
with the design concept of the Project and compliance with the information given in the
Contract Documents (but such review and approval or other action shall not exceed to
Page 154
Mr. Jake Hurley, P.E. Page 2 October 17, 2023
means, methods, sequences, techniques or procedures of construction or to safety
precautions and programs incident thereto); and receive and review (for general content
as required by the Specifications) maintenance and operating schedules and instruction,
guarantees, bonds and certificates of inspection which are to be assembled by
Contractor(s) is in accordance with the Contract Documents. Budget is based on review
of sixteen (16) submittals from EDA (including resubmittals, test reports and O&M
manuals).
4. Issue Clarifications: EDA shall issue all instructions of OWNER to Contractor(s); issue
necessary interpretations and clarifications of the Contract Documents; have authority, as
OWNER's representative to require special inspection or testing of the work; act as initial
interpreter of the requirements of the Contract Documents and judge of the acceptability
of the work thereunder, and make decisions on all claims of OWNER and Contractor(s)
relating to the acceptability of the work or the interpretation of the requirements of the
Contract Documents pertaining to the execution and progress of the work. The
ENGINEER shall render all interpretations or decisions in good faith and in accordance
with the requirements of the Contract Documents. Budget is based on review of four (4)
RFIs from EDA.
5. Construction Site Visits: EDA shall make up to two (2) visits to the site at periods
appropriate to the various stages of construction to observe, as an experienced and
qualified professional, the progress and quality of the executed work of Contractor(s) and
to determine in general if such work is proceeding in accordance with the Contract
Documents. Prepare trip reports to document observations made during these
inspections. ENGINEER shall not be responsible for the means, methods, techniques,
sequences or procedures of construction selected by Contractor(s) or the safety
precautions and programs incident to the work of Contractor(s). ENGINEER's efforts
will be directed toward providing a greater degree of confidence for OWNER that the
completed work of Contractor(s) will conform to the Contract Drawings, but ENGINEER
shall not be responsible for the failure of Contractor(s) to perform the work in accordance
with the Contract Drawings. During such visits and on the basis of on-site observations,
ENGINEER shall keep OWNER informed of the progress of the work, shall endeavor to
guard OWNER against defects and deficiencies in such work and may disapprove or
reject work failing to conform to the Contract Documents.
6. Startup: EDA shall assist BW, the OWNER and Contractor with start-up support and
testing assistance for the project, witnessing field tests, and other startups needed to
demonstrate successful operation of the system. It is assumed that the Contractor has
performed all of the preliminary testing required to troubleshoot any and all systems prior
to the field start-up of equipment, and the installation of the equipment has been reviewed
by the Contractor and appropriate equipment manufacturers for conformance with the
Contract Documents. The hourly estimate is based on one (1) visit for starting up of
electrical equipment.
7. Substantial Completion: EDA shall provide one (1) site visit to assist BW and the
OWNER in determining if the electrical work, or portions of the electrical work, have
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Mr. Jake Hurley, P.E. Page 3 October 17, 2023
been substantially completed in general accordance with the construction contract
documents and that the definition of substantial completion has been met. EDA will
assist BW in preparation of a final punch list as it relates to the electrical system
improvements.
8.Final Completion: EDA shall perform a final site visit for each station to assist BW and
the OWNER in determining if the electrical work has been completed in accordance with
the construction contract documents; that the work is complete, including submission of
all final documentation required by the Contractor.
9.Record Drawings: EDA shall prepare record drawings incorporating changes made
during construction based on as-built information furnished by the Contractor; and
provide one (1) set of electronic construction record drawings and electronic files of the
record drawings in AutoCAD 2019 format.
SUPPLEMENTAL SERVICES - Any work requested by the OWNER that is not included in one of
the items listed in any other phase will be classified as supplemental services.
Our scope of work shall be as outlined above and as per the attached estimate of work effort. Our
fee for this work shall be $11,109.30, lump sum, and shall be billed monthly based on the percentage
of completion.
Very truly yours,
Dameion Donaldson, P.E.
ACCEPTED DATE
BW-23-006G.Rev1
Page 156
Hourly
Rate $205.20 Hourly
Rate $171.00 Hourly
Rate $142.50 Hourly
Rate $108.30 Hourly
Rate $79.80
Task 1 - Construction Services
man-
hours Total
man-
hours Total
man-
hours Total
man-
hours Total
man-
hours Total
man-
hours Total
Precon Meeting 0 -$ 4 684.00$ 0 -$ 0 -$ 0 -$ 4 684.00$
Conformed Documents 0 -$ 1 171.00$ 1 142.50$ 2 216.60$ 1 79.80$ 5 609.90$
Shop Drawing Review 2 410.40$ 16 2,736.00$ 10 1,425.00$ 0 -$ 6 478.80$ 34 5,050.20$
Issue Clarifications 0 -$ 6 1,026.00$ 2 285.00$ 0 -$ 2 159.60$ 10 1,470.60$
Site Visits (2 @ 3 hrs each)0 -$ 6 1,026.00$ 0 -$ 0 -$ 0 -$ 6 1,026.00$
Startup (1 @ 4 hrs)0 -$ 4 684.00$ 0 -$ 0 -$ 0 -$ 4 684.00$
Substantial Completion (1 @ 3 hrs)0 -$ 3 513.00$ 0 -$ 0 -$ 0 -$ 3 513.00$
Final Completion (1 @ 3 hrs)0 -$ 3 513.00$ 0 -$ 0 -$ 0 -$ 3 513.00$
Record drawings 0 -$ 2 342.00$ 0 -$ 2 216.60$ 0 -$ 4 558.60$
Task 1 -Construction Services Total:2 410.40$ 45 7,695.00$ 13 1,852.50$ 4 433.20$ 9 718.20$ 73 11,109.30$
Total: 2 410.40$ 45 7,695.00$ 13 1,852.50$ 4 433.20$ 9 718.20$ 73 11,109.30$
Lift Station No. 3 Upgrade
Town of Highland Beach, Florida
Estimate of Work Effort & Fee
Clerical/AdminPrincipal
Date: 10/17/2023
Totals
Senior Engineer Engineer Cadd Technician
Page 157
File Attachments for Item:
B. Approve and authorize Town staff to purchase an annual supply of sulfuric acid,
sodium hydroxide and corrosion inhibitor chemicals from multiple vendors in an amount
of $173,008.40 for the Town's Water Treatment Plant operations.
Page 158
TOWN OF HIGHLAND BEACH
AGENDA MEMORANDUM
MEETING TYPE: Town Commission Meeting
MEETING DATE November 07, 2023
SUBMITTED BY: Pat Roman, Public Works Director
SUBJECT: Approve purchase of chemicals for water plant treatment operations
SUMMARY:
We are seeking approval for the procurement of specific chemicals purchased in bulk that are
essential for the operation of the town’s water treatment plant. These chemicals play a crucial
role in ensuring the safety and efficiency of our water supply. We have researched and
identified the enclosed suppliers who offer the best quality and value.
SATCO will provide the sulfuric acid for the budget year 2024. The sulfuric acid lowers the
PH of the water to protect the membranes at our reverse osmosis water plant.
Odyssey Manufacturing will provide the sodium hydroxide for the budget year 2024. The
sodium hydroxide is used to raise the PH level of the water for the hydrogen sulfite removal
process.
Shannon Chemical Corporation will provide the corrosion inhibitor for the budget year of 2024.
The corrosion inhibitor is necessary for protecting the distribution system piping from
corrosion.
FISCAL IMPACT:
$173,008.40; Already Budgeted in Water – Operating Supplies - Chemicals
ATTACHMENTS:
Yearly PO for SATCO $54,855
Yearly PO for Odyssey Manufacturing $60,800
Yearly PO for Shannon Chemical Corporation $57,353.40
RECOMMENDATION:
Commission approval.
Page 159
August 3, 2023
Town of Highland Beach
3616 S. Ocean Boulevard
Highland Beach FL 33487
RE: Piggyback on Seacoast Utility Authority Bid No: 40-552342-22 Sulfuric Acid
To Whom it May Concern:
Sulphuric Acid Trading Company, Inc. (SATCO) agrees to allow the Town of
Highland Beach to piggyback on Seacoast Utility Authority Bid No: 40-552342-22
Sulfuric Acid. Due to the Town needing a smaller volume delivered of
approximately 9 to 11 short ton (approx. 1200-1500 gals) we would require a
freight differential to make up for the minimum load of 24 short ton.
The price to Seacoast is $318.00 per short ton. Including the freight differential
of $79.50, the total sales price would be $397.50 per short ton (3.040875 per
gallon) delivered to Town of Highland Beach.
The contract period for this agreement is valid through July 2, 2024, and has a
one year renewal option remaining.
If you have any questions, please do not hesitate to contact our office.
We appreciate the Town’s continued business.
Gratefully,
Brent Shonka
General Manager
3710 Corporex Park Dr., Suite 205
Tampa, FL 33619
Telephone (813) 225-2000
Fax (813) 225-1001
Page 160
SEACOAST UTILITY AUTHORITY
ADMINISTRATIVE DIVISION
M E M O R A N D U M
TO: Seacoast Utility Authority Board
FROM: Rim Bishop, Executive Director
DATE: June 14, 2023
RE: WATER TREATMENT CHEMICAL – SULFURIC ACID
______________________________________________________________________________
Sulfuric acid is typically applied at two points in the membrane water treatment processes at
Seacoast’s Hood Road Water Treatment Plan.
If needed, it is first applied to all incoming surficial raw water, lowering its pH to minimize
potential membrane scaling and plugging. This preserves membrane efficiency and extends
membrane life.
The second application point is in the membrane combined permeate stream – that is, treated water
that has passed through the membranes on its way to degasification (odor removal). Lowering pH
at this point optimizes sulfide removal through air stripping.
Sulfuric acid is delivered in tank trucks, loaded into Seacoast’s bulk storage tanks by the supplier,
and dosed by chemical feed pumps controlled and maintained by the plant operations staff.
The board awarded a competitively bid, $318/toncontract to the low bidder, Sulfuric Acid Trading
Company, Inc. in June 2022. The supplier has offered to extend this contract through July 2, 2024
at no change in price. Staff recommends board approval.
RECOMMENDED MOTION
Motion to approve extension of Water Treatment Chemicals – Sulfuric Acid purchase agreement
with Sulphuric Acid Trading Company, Inc. (Satco) through July 2, 2024, at a price of $318 per
ton estimated annual cost of $1,771,578.00, as recommended by staff.
JM.1
Page 161
May 15, 2023
Ms. Jessica Decker
Seacoast Utility Authority
jdecker@sua.com
RE: Renewal Option Bid No. 40-552342-22
Dear Ms. Decker:
Sulphuric Acid Trading Company, Inc. (SATCO) is agreeable to the renewal of our
existing contract under Bid No. 40-552342-22. The contract renewal for the period of
07/03/2023 through 07/02/2024 under the original terms, conditions, specifications and
unit pricing.
We appreciate your continued business.
If you have any questions, please contact us (813)225-2000.
Gratefully,
Brent Shonka
General Manager
3710 Corporex Park Dr., Suite 205
Tampa, FL 33619
Telephone (813) 225-2000
Fax (813) 225-1001
Page 162
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August 24, 2023
Town of Highland Beach
3616 S. Ocean Boulevard
Highland Beach, FL 33487
Attention: David Richards; Water Plant Superintendent
David,
Please accept this letter as SHANNON CHEMICAL CORPORATION’S approval and acceptance
allowing the Town of Highland Beach to piggyback off the City of Marco Island contract for the
fiscal year 2023-2024.
SHANNON CHEMICAL CORPORATION will supply the Town of Highland Beach with phosphate at
a firm delivered price of $2.47/#.
Respectfully,
SHANNON CHEMICAL CORPORATION
Daniel C. Flynn
President
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RE: CITY OF HIGHLAND BEACH SODIUM HYDROXIDE SUPPLY FOR FY 2024
Patrick Allman <PAllman@odysseymanufacturing.com>
Thu 10/26/2023 5:13 PM
To: David Richards <drichards@highlandbeach.us>
Dave,
My mistake. Your pricing will remain the same for next year at $3.50 per gallon. Sorry for the confusion. Pat.
Patrick H. Allman
General Manager
Odyssey Manufacturing Co.
1484 Massaro Blvd
Tampa, Florida 33619
Office: (813) 635-0339
Fax: (813) 630-2589
Mobile: (813) 335-3444
From: David Richards <drichards@highlandbeach.us>
Sent: Thursday, October 26, 2023 1:23 PM
To: Patrick Allman <PAllman@odysseymanufacturing.com>
Subject: Re: CITY OF HIGHLAND BEACH SODIUM HYDROXIDE SUPPLY FOR FY 2024
Good afternoon Pat,
I see you wrote $3.80 per gallon that our pricing will stay the same but right now we are paying $3.50 per
gallon. I just want to clarify the price before I put in the blanket PO for the year.
I attached one of our old invoices for you to see. We are able to take a full load of sodium hydroxide 50%.
Thank you for all your help with pricing!
Thank you,
David Richards
Water Plant Superintendent
Town of Highland Beach
3616 S. Ocean Boulevard
Highland Beach FL 33487
(561) 637-2036 Office
(561) 756-0689 Cell
Page 232
(561) 278-2606 Fax
www.highlandbeach.us
PLEASE NOTE: Florida has a very broad public records law. Most written communications to or from the Town of Highland Beach officials
and employees regarding public business are public records available to the public and media upon request. Your e-mail communications may
be subject to public disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in
response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. The views
expressed in this message may not necessarily reflect those of the Town of Highland Beach.
From: Patrick Allman <PAllman@odysseymanufacturing.com>
Sent: Monday, September 11, 2023 6:17 PM
To: David Richards <drichards@highlandbeach.us>
Subject: CITY OF HIGHLAND BEACH SODIUM HYDROXIDE SUPPLY FOR FY 2024
David,
This is going to the Village of Tequesta Council mee ng on October 12th. Your pricing will remain the same at $3.80
per gallon for FY 2024. Thanks. Pat.
Patrick H. Allman
General Manager
Odyssey Manufacturing Co.
1484 Massaro Blvd
Tampa, Florida 33619
Office: (813) 635-0339
Fax: (813) 630-2589
Mobile: (813) 335-3444
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