2024.01.16_TC_Agenda_Regular
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TOWN OF HIGHLAND BEACH
TOWN COMMISSION MEETING
AGENDA
Tuesday, January 16, 2024 AT 1:30 PM
LIBRARY COMMUNITY ROOM, 3618 S. OCEAN BLVD.,
HIGHLAND BEACH, FL
Town Commission
Natasha Moore Mayor
David Stern Vice Mayor
Evalyn David Commissioner
Donald Peters Commissioner
Judith M. Goldberg Commissioner
Marshall Labadie Town Manager
Lanelda Gaskins Town Clerk
Glen J. Torcivia Town Attorney
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. APPROVAL OF THE AGENDA
5. PRESENTATIONS / PROCLAMATIONS
6. PUBLIC COMMENTS (NON-AGENDA ITEMS)
Public Comments will be limited to five (5) minutes per speaker.
7. ORDINANCES (Public Comments will be limited to three (3) minutes per speaker
per item after Commission initial discussion.)
A. None.
8. 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
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Town Commission Meeting Agenda January 16, 2024
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B. Florida Department of Transportation (FDOT) RRR Project Update
C. Building Department Recertification Program Update
D. Continued discussion of Milani Park
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
December 19, 2023 Town Commission Meeting Minutes
10. NEW BUSINESS (Public Comments will be limited to three (3) minutes per speaker
per item after Town Commission initial discussion.)
A. Resolution No. 2024-001
A Resolution of the Town Commission of the Town of Highland Beach, Florida,
authorizing the Mayor to execute Amendment Number Eight to the State of
Florida Department of Transportation District Four Landscape Inclusive
Memorandum of Agreement on behalf of the Town; providing for conflicts; and
providing for an effective date.
B. Consideration of Proposed Addendum No.1 to the Settlement Agreement
between the Town of Highland Beach and Highland Beach Real Estate
Holdings, Inc.
C. Consideration to approve and authorize the Mayor to execute a Janitorial
Maintenance Services Agreement with Imperial Cleaning Corporation in an
amount of $77,976.00 for janitorial maintenance services for Town -owned
facilities.
11. TOWN COMMISSION COMMENTS
Commissioner Judith M. Goldberg
Commissioner Donald Peters
Commissioner Evalyn David
Vice Mayor David Stern
Mayor Natasha Moore
12. TOWN ATTORNEY’S REPORT
13. TOWN MANAGER’S REPORT
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Town Commission Meeting Agenda January 16, 2024
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14. ANNOUNCEMENTS
Board Vacancies
Board of Adjustment and Appeals Board One (1) vacancy for an unexpired
term ending September 21, 2024
Meetings and Events
January 31, 2024 9:30 A.M. Board of Adjustment and Appeals Board
Regular Meeting
February 06, 2024 1:30 P.M. Town Commission Meeting
Board Action Report (Information Only)
None.
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. Approval of Meeting Minutes
December 19, 2023 Town Commission Meeting Minutes
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TOWN OF HIGHLAND BEACH
TOWN COMMISSION MEETING MINUTES
LIBRARY COMMUNITY ROOM, 3618 S. OCEAN
BLVD., HIGHLAND BEACH, FL
Date: December 19, 2023
Time: 1:30 PM
1. CALL TO ORDER
Mayor Moore called the meeting to order at 1:30 P.M.
2. ROLL CALL
Commissioner Judith Goldberg
Commissioner Donald Peters
Commissioner Evalyn David
Vice Mayor David Stern
Mayor Natasha Moore
Town Manager Marshall Labadie
Town Attorney Glen Torcivia (arrived at 1:48 P.M.)
Town Clerk Lanelda Gaskins
3. PLEDGE OF ALLEGIANCE
The Town Commission led the Pledge of Allegiance to the United States of America.
4. APPROVAL OF THE AGENDA
Mayor Moore moved Item 11.B. under New Business to Item 5. under Presentations
/ Proclamations.
MOTION: David/Stern - Moved to approve the agenda as amended, which passed
unanimously 5 to 0.
5. PRESENTATIONS / PROCLAMATIONS
Consideration of a request for a Town of Highland Beach Right-of-Way (ROW)
permit for the property located at 2362 South Ocean Boulevard. (Formerly Item
11.B.)
Mayor Moore read the title of this item , and Town Manager Labadie presented the
item.
Mayor Moore opened the item for public comments, and after hearing none she
closed the public comments.
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Town Commission Meeting Minutes
Date: December 19, 2023 Page 2 of 6
MOTION: David/Goldberg - Moved to approve the Right-of-Way (ROW) permit for
the property located at 2362 South Ocean Boulevard. The motion
passed unanimously 5 to 0.
6. PUBLIC COMMENTS
There were no public comments.
7. ANNOUNCEMENTS
Mayor More read the announcement as follows:
Board Vacancies
Board of Adjustment and Appeals Board One (1) vacancy for an unexpired
term ending September 21, 2024
Financial Advisory Board One (1) vacancy for an unexpired
term ending April 30, 2024
Meetings and Events
December 24 and December 25, 2023 Town Hall closed in observance of
Christmas Eve and Christmas Day
January 01, 2024 Town Hall closed in observance of New
Years Day
January 09, 2024 1:00 P.M. Code Enforcement Board Regular Meeting
January 11, 2024 9:30 A.M. Planning Board Regular Meeting
January 16, 2024 1:30 P.M. Town Commission Meeting
Board Action Report
None.
8. ORDINANCES (Public Comments will be limited to three (3) minutes per speaker
per item after Commission initial discussion.)
A. Ordinance No. 2023-007 (Second Reading/Public Hearing)
An Ordinance of the Town Commission of the Town of Highland Beach,
Florida, amending Section 30-7 “Official Zoning Map” of the Town Code of
Ordinances to update information pertaining to the date of the most recent
amendment to the Town's Official Zoning Map as set forth in Ordinance No.
2022-002; providing for repeal of all ordinances in conflict; providing for
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Town Commission Meeting Minutes
Date: December 19, 2023 Page 3 of 6
severability and codification; and providing an effective date (First Reading
was December 05, 2023).
Mayor Moore read the title of Ordinance No. 2023-007 followed by Town
Manager Labadie presenting the item.
Mayor Moore opened the item for public comments, and after hearing none she
closed the public hearing.
MOTION: David/Stern - Moved to adopt Ordinance No. 2023-007. Upon roll
call: Commissioner David (Yes); Vice Mayor Stern
(Yes); Commissioner Goldberg (Yes): Commissioner Peters (Yes);
and Mayor Moore (Yes). The motion passed 5 to 0.
B. Ordinance No. 2023-008 (Second Reading/Public Hearing)
An Ordinance of the Town Commission of the Town of Highland Beach,
Florida adopting administrative amendments to the 8th Edition (2023) of the
Florida Building Code; providing for the repeal of all laws in conflict;
providing for severability and providing for an effective date (First Reading
was December 05, 2023).
Mayor Moore read the title of Ordinance No. 2023-008 followed by Building
Official Remas presenting the item.
Mayor Moore opened the item for public comments, and after hearing none she
closed the public hearing.
MOTION: David/Goldberg - Moved the adopt Ordinance No. 2023-008 on
second reading. Upon roll call: Commissioner David
(Yes); Commissioner Goldberg (Yes): Commissioner Peters
(Yes); Vice Mayor Stern (Yes); and Mayor Moore (Yes). The motion
passed 5 to 0.
9. CONSENT AGENDA (These are items that the Commission typically does not need
to discuss individually, and which are voted on as a group.) Public Comments will be
limited to three (3) minutes per speaker per item after Commission initial discussion.
A. Certification of Inadequate Attendance and Automatic Removal of Member
Peter Weiner from the Financial Advisory Board effective December 19,
2023
B. Approval of Meeting Minutes
December 05, 2023 Town Commission Meeting Minutes
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Town Commission Meeting Minutes
Date: December 19, 2023 Page 4 of 6
C. Approve and authorize the Mayor to execute the First Amendment to
Amended and Restated Agreement between the Town of Highland Beach
and Palm Beach County for use of the County Public Safety Radio System.
MOTION: David/Stern - Moved to adopt the Consent Agenda as presented .
The motion passed unanimously 5 to 0.
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
Fire Chief Glenn Joseph provided an update on the construction of fire rescue
building regarding stucco and painting the exterior walls, drywall installation and
painting the interior walls, delivery of the elevators, a potential delay with the civil
drainage onsite, and the recruiting, hiring, and onboarding of the fire personnel
as well as some personnel will start on March 1.
B. Florida Department of Transportation (FDOT) RRR Project Update
Town Manager Labadie announced that the Florida Department of Transportation
will hold its construction meeting on March 7, 2024, to discuss the RRR project.
It will be a two-part meeting. The virtual portion of the meeting will be from 5:00
p.m. to 6:00 p.m. and the physical in-person meeting will be from 6:00 p.m. to
7:00 p.m. at the Highland Beach Library. FDOT is moving forward with the project
and plans to start in May.
C. Continued discussion of Milani Park.
Town Manager Labadie mentioned that is trying to work with our team to facilitate
some of the more recent discussions. He has shared some articles that fit well
into the argument that the Town Commission has presented, and the advocacy
team will communicate out into the other districts. He also mentioned resident
Ron Reame held a meeting with some of the condominiums to pull that grassroot
piece together in preparation for the February 1st meeting.
Additionally, Town Manager Labadie is working with Mr. Sweetapple, the Town’s
legal counsel and Mr. Neal Schiller, the Town’s advocate on this matter. Town
Manager Labadie will contact each Commissioner with information he receives.
Commissioner Peters spoke about the Boca Raton Condominium Association
meeting that he attended today.
11. NEW BUSINESS (Public Comments will be limited to three (3) minutes per speaker
per item after Town Commission initial discussion.)
A. Resolution No. 2023-036
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Town Commission Meeting Minutes
Date: December 19, 2023 Page 5 of 6
A Resolution of the Town Commission of the Town of Highland Beach,
Florida, authorizing the Mayor to execute Amendment No. Nine to the State
of Florida Department of Transportation District Four Landscape Inclusive
Memorandum of Agreement on behalf of the Town; providing for conflicts;
and providing for an effective date.
Mayor Moore read the title of title of Resolution No. 2023 -036. Town Manager
Labadie presented the item.
MOTION: David/Goldberg - Moved to implement Resolution No. 2023-036. The
motion passed unanimously 5 to 0.
B. Consideration of a request for a Town of Highland Beach Right-of-Way
(ROW) permit for the property located at 2362 South Ocean Boulevard.
(This Item was moved to Item 5. under Presentation /Proclamations)
C. Approve and authorize the Mayor to execute an Equipment Lease-Purchase
Agreement with Motorola Solutions, Inc. in an amount not to exceed
$294,016.00 for 23 portable radios for the Police Department.
Mayor Moore read the title of this item.
Town Manager Labadie introduced the item. Chief of Police Craig Hartmann
provided comments about the necessity for the portable radios and the
transmission issues with the current radios. Also, the
Motorola Representative and Finance Director David DiLena both provided
comments about the Motorola contract and costs.
Mayor Moore opened the item for public comments.
Mr. Ron Reame provided comments.
Hearing no further comment, Mayor Moore closed the public comments.
MOTION: David/Goldberg - Moved to approve and authorize the Mayor to
execute an agreement to acquire twenty-three portable radios for the
Police Department, with Motorola Solutions, Inc. at what is to be
determined as the most economically feasible method. Upon roll
call: Commissioner David (Yes); Commissioner Goldberg (Yes);
Commissioner Peters (Yes); Vice Mayor Stern (Yes); and Mayor
Moore (Yes). The motion passed unanimously 5 to 0.
D. Approve and authorize Town staff to purchase the Bunker Gear from
Bennett Fire Products Co., Inc. in the amount of $98,530.04 for the Fire
Rescue Department (In accordance with Lake County Contract 22-730B).
Mayor Moore read the title of this item and Fire Chief Joseph presented the item.
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Town Commission Meeting Minutes
Date: December 19, 2023 Page 6 of 6
MOTION: David/ Goldberg - Moved to approve Item 11.D. Upon roll
call: Commissioner David (Yes); Commissioner Goldberg (Yes);
Commissioner Peters (Yes); Vice Mayor Stern (Yes); and Mayor
Moore (Yes). The motion passed unanimously 5 to 0.
12. TOWN COMMISSION COMMENTS
Commissioner Judith M. Goldberg wished everyone happy holidays.
Commissioner Donald Peters wished everyone healthy and happy holidays.
Commissioner Evalyn David wished everyone healthy and happy holidays.
Vice Mayor David Stern also wishes everyone a happy holiday and a healthy and
prosperous new year.
Mayor Natasha Moore wished everyone healthy and happy holidays.
13. TOWN ATTORNEY’S REPORT
Town Attorney Torcivia wished everyone a safe, healthy, and happy holiday.
14. TOWN MANAGER’S REPORT
Town Manager Labadie thanked everyone for the kind words. He thanked Reverand
Father Horgan of Saint Lucy Catholic Church. He also wished everyone happy
holidays.
15. ADJOURNMENT
The meeting adjourned at 2:40 P.M.
APPROVED: January 16, 2024 Town Commission Meeting.
ATTEST: Natasha Moore, Mayor
Transcribed by
Lanelda Gaskins
01/16/2024
Lanelda Gaskins, MMC
Town Clerk
Date
Disclaimer: Effective May 19, 2020, per Resolution No. 20 -008, all meeting minutes
are transcribed as a brief summary reflecting the events of this meeting. Verbatim
audio/video recordings are permanent records and are available on the Town’s Media
Archives & Minutes webpage: https://highlandbeach-fl.municodemeetings.com/.
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File Attachments for Item:
A. Resolution No. 2024-001
A Resolution of the Town Commission of the Town of Highland Beach, Florida,
authorizing the Mayor to execute Amendment Number Eight to the State of Florida
Department of Transportation District Four Landscape Inclusive Memorandum of
Agreement on behalf of the Town; providing for conflicts; and providing for an effective
date.
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TOWN OF HIGHLAND BEACH
AGENDA MEMORANDUM
MEETING TYPE: Town Commission Meeting
MEETING DATE January 16, 2024
SUBMITTED BY: Ingrid Allen, Town Planner, Building Department
SUBJECT: Amendment Number Eight (8) to the Florida Department of
Transportation’s Landscape Inclusive Memorandum of Agreement for
the property located 3425 South Ocean Boulevard
SUMMARY:
On July 20, 2017, the Florida Department of Transportation (FDOT) and the Town of Highland
Beach entered into a Landscape Inclusive Maintenance Memorandum of Agreement
(“Agreement”) for the purpose of maintaining landscape improvements on State Road A1A
(South Ocean Boulevard). Since the execution of this Agreement, there have been eight (8)
amendments to the Agreement as follows:
AMENDMENT
NUMBER
LOCATION FDOT PERMIT NO. DATE OF EXECUTED
AMENDMENT
1 3615 S. Ocean Blvd. 2019-L-496-00005 February 5, 2020
2 Several (crosswalks) 2020-L-496-00002 February 19, 2020
3 2352 S. Ocean Blvd. 2020-L-496-00005 December 21, 2020
4 2500 S. Ocean Blvd. 2021-L-496-00004 January 21, 2022
5 4005 S. Ocean Blvd. 2022-L-496-00008 September 13, 2022
6 3805 S. Ocean Blvd. 2023-L-496-00004 August 26, 2023
7 3521 S. Ocean Blvd. 2023-L-496-00006 October 10, 2023
8 3425 S. Ocean Blvd. 2023-L-496-00009 TBD*
9 2362 S. Ocean Blvd. 2023-L-496-00005 TBD**
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* Due to the Applicant’s newly proposed landscape improvements in FDOT’s ROW, they were required
to go back before the Planning Board for an amendment to their previously approved landscape plan
(part of their Major Modification approval, DO-23-0003) to reflect those new landscaping improvements
in FDOT’s Right-of-Way.
** Resolution No. 2023-036 was approved by the Town Commission on 12-19-23 and was forwarded
to FDOT for execution.
Landscaping improvements are proposed to be installed in FDOT’s Right-of-Way (ROW)
along State Road A1A at 3425 South Ocean Boulevard and therefore an amendment (No. 8)
to the Agreement is required. While this amendment to the Agreement indicates that the Town
will maintain the additional landscape improvements, Section 28 -10(a) of the Town Code of
Ordinances, requires the property owner to be responsible for the maintenance of all
landscaping on adjacent public rights-of way as follows:
Sec. 28-10. - Maintenance standards for cultivated landscape areas.
(a) General: The owner, and/or lessee of land subject to this chapter shall be
responsible for the maintenance of all landscaping located on their property and on adjacent
public rights-of-way, which shall be maintained in good condition so as to present a healthy,
neat and orderly landscape area which shall include, but not be limited to, weeding,
mulching, fertilizing, pruning, mowing, and edging as generally set forth in this section.
At the December 14, 2023 Planning Board (“Board”) meeting, the Board granted an
amendment to a previously approved major modification to an existing building (Development
Order No. 23-0003) to modify the landscape plan to reflect landscaping improvements in
FDOT’s ROW (State Road A1A) adjacent to the subject property. Note that the initial major
modification approval (Development Order No. 23-0003) included a landscape plan for the
property only and not for the adjacent FDOT ROW . The FDOT ROW landscaping approved
by the Board is consistent with the ROW landscaping plan approved by FDOT via permit
number 2023-L-496-00009. The Town’s Public Works Director, Pat Roman, has indicated that
the proposed landscaping in FDOT’s ROW does not conflict with existing Town utilities.
FISCAL IMPACT:
N/A
ATTACHMENTS:
Aerials
Resolution
Amendment Number eight (8) to FDOT Landscape Inclusive Memorandum of Agreement.
FDOT Inclusive Landscape Maintenance Memorandum of Agreement – July 20, 2017.
RECOMMENDATION:
At the discretion of the Town Commission
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342 5 South Ocea n Boul eva rd Palm Be ach Cou ntyNone
Aug ust 1, 20 23
0 0.008 5 0.0170.004 25 m i
0 0.01 0.020.005 km
1:57 6
Crea te d b y: P alm Beach Co untyµPage 14
SUBJECT PROPERTY
FDOT ROW
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TOWN OF HIGHLAND BEACH
RESOLUTION NO
A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA,
AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NUMBER
EIGHT TO THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION DISTRICT FOUR LANDSCAPE INCLUSIVE
MEMORANDUM OF AGREEMENT ON BEHALF OF THE TOWN;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on July 20, 2017, the Town of Highland Beach entered into a Landscape
Inclusive Maintenance Memorandum of Agreement with the Florida Department of Transportation
(FDOT), District Four, for the purpose of maintaining landscape improvements by the Town on
State Road A1A (South Ocean Boulevard); and
WHEREAS, since the execution of the Landscape Inclusive Maintenance Memorandum
of Agreement, there have been seven (7) amendments to the Agreement which were executed on
February 5, 2020 (FDOT Permit No. 2019-L-496-00005); February 19, 2020 (FDOT Permit No.
2020-L-496-00002); December 21, 2020 (FDOT Permit No. 2020-L-496-00005); January 21,
2022 (FDOT Permit No. 2021-L-496-00004); September 13, 2022 (FDOT Permit No. 2022-L-
496-0008); August 26, 2023 (FDOT Permit No. 2023-L-496-00004); and October 10, 2023 (FDOT
Permit No. 2023-L-496-00006 (amendment number nine (9) is currently pending FDOT execution
(FDOT Permit No. 2023-L-496-00005); and
WHEREAS, new landscaping improvements (FDOT Permit No. 2023-L-496-00009) are
proposed to be installed in the State Road A1A right-of-way at 3425 South Ocean Boulevard; and
WHEREAS, these new landscaping improvements, as noted above, require an amendment
to the Landscape Inclusive Maintenance Memorandum of Agreement whereby the Town and
FDOT agree to the installation of the improvements at 3425 South Ocean Boulevard; and
WHEREAS, the purpose of this Resolution is to authorize the Mayor to execute, on behalf
of the Town, the amendment to the Landscape Inclusive Maintenance Memorandum of Agreement
attached to this Resolution; and
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF THE
TOWN OF HIGHLAND BEACH, FLORIDA, AS FOLLOWS:
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Section 1. The recitations set forth above are true, accurate and correct and are
incorporated herein.
Section 2. The Mayor is hereby authorized to execute amendment number eight (8) to
the State of Florida Department of Transportation Landscape Inclusive Memorandum of
Agreement attached to this Resolution and made a part hereof.
Section 3. All resolutions or parts of resolutions in conflict with this Resolution are
repealed to the extent of such conflict.
Section 4. This Resolution shall be effective immediately upon adoption.
DONE AND ADOPTED by the Town Commission of the Town of Highland Beach,
Florida, this ___ day of __________, 2024.
________________________________
ATTEST: Natasha Moore, Mayor
REVIEWED FOR LEGAL SUFFICIENCY
_________________________________ ________________________________
Lanelda Gaskins, MMC Glen J. Torcivia,
Town Clerk Town Attorney
VOTES: YES NO
Mayor Natasha Moore
Vice Mayor David Stern
Commissioner Evalyn David
Commissioner Donald Peters
Commissioner Judith Goldberg
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SECTION: 93060000
STATE ROAD: A1A
PERMIT: 2023-L-496-00009
COUNTY: PALM BEACH
AMENDMENT NUMBER EIGHT (8) TO
FLORIDA DEPARTMENT OF TRANSPORTATION, DISTRICT FOUR (4)
LANDSCAPE INCLUSIVE MAINTENANCE MEMORANDUM OF AGREEMENT
THIS AMENDMENT Number Eight (8) to the Agreement dated July 20, 2017, made and
entered into this ______ day of _______________ 20_____ by and between the State of
Florida Department of Transportation hereinafter called the DEPARTMENT and the TOWN OF
HIGHLAND BEACH, a municipal corporation of the State of Florida, hereinafter called the
AGENCY.
W I T N E S S E T H
WHEREAS, the parties entered into the Landscape Inclusive Maintenance
Memorandum of Agreement dated, July 20, 2017 for the purpose of maintaining the landscape
improvements by the AGENCY on State Road A1A (South Ocean Boulevard); and,
WHEREAS, the DEPARTMENT and the AGENCY have agreed to add additional
landscape by permit to be installed on State Road A1A (South Ocean Boulevard) in accordance
with the above referenced Agreement; and,
NOW THEREFORE, for and in consideration of mutual benefits that flow each to the other,
the parties covenant and agree as follows:
1. Pursuant to Page 7, Paragraph 7 of the Landscape Inclusive Maintenance Memorandum
of Agreement for State Road A1A (South Ocean Boulevard) dated July 20, 2017, the
DEPARTMENT will allow an adjacent property owner to construct additional landscape
improvements or to modify an improvement as indicated in Exhibit "A", State Road A1A
(South Ocean Boulevard) from M.P. 6.394 to M.P. 6.413. In accordance with the plans
attached as Exhibit "B".
2. The AGENCY shall agree to maintain the additional landscape improvements in the
Agreement described above according to Part I of the Maintenance Plan, Exhibit "E” of
the original agreement and Part II as follows:
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Part II - Specific Project Site Maintenance Requirements and Recommendations:
The landscape design consists of hardy plants that are meant to supplement and accent the
existing landscaped right-of-way and property frontage. Plant choices are to be maintained to
allow visibility from cars entering and/or existing the property safely.
A. Where low groundcovers need to be sheared to promote uniform growth, the edges
should be rounded off.
B. Remove suckering growth from base and clear trunk areas of palm trees monthly.
C. To maintain the intended appearance of all palms, apply the latest palm fertilizer
recommended by the University of Florida IFAS Extension per the manufacturer’s
specifications.
D. To maintain the intended appearance of all shrubs or turf grass, apply the latest fertilizer
recommended by the University of Florida IFAS Extension per the manufacturer’s
specifications.
E. Do not remove fronds from self-cleaning palms, unless damaged. Palms with persistent
fronds shall only have dead fronds removed, do not remove any green fronds. If it is
deemed necessary to prune a palm’s fronds, no fronds shall be trimmed above 3 o’clock
and 9 o’clock on the horizontal plain.
F. Groundcover and shrub horizontal growth shall be maintained to prevent foliage from
growing beyond the limits of the planting areas shown on the plan. Maintain a (6)”
setback from the foliage to the edge of curb, pavement, sidewalk and/or other hardscape
improvements.
G. Maintain the vertical height of:
(Schellings Dwarf Illex) between (12)” and (18)”, full to ground
(Ficus Green Island) between (18)” and (24)”, full to ground
(Dwarf Fuchsia Bougainvillea) between (20)” and (24)”, full to ground
(Bougainvillea Standard) between (6)’ and (7)’, standard w/3’ of clear trunk
(St. Augustine ‘Palmetto’) mature height.
H. Inspect groundcovers and shrubs monthly for maintaining full ground coverage.
I. Evaluate plant material monthly for pests, diseases, drought stress or general decline. If
required, follow the integrated pest management program established by the Agency to
ensure healthy plants.
J. Inspect the existing irrigation system performance monthly to ensure the system is
providing 100% coverage, does not have sections of low pressure, heads and valves are
clean and clear of debris and any damaged irrigation components (i.e., spray nozzles,
spray heads, valve boxes, etc.) are repaired or replaced.
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LIST OF EXHIBITS
Exhibit A - Landscape Improvements Maintenance Boundaries Limits
Exhibit B - Landscape Improvement Plans
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day
and year first written above.
TOWN OF HIGHLAND BEACH
By: _____________________________ Date: _____________
Chairperson / Mayor / Manager
Attest: ___________________________ (SEAL)
Town Clerk
Legal Approval: ____________________
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By: ______________________________ Date: ____________
Transportation Development Director
Attest: ____________________________ (SEAL)
Executive Secretary
Legal Review: _____________________________
Office of the District General Counsel
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SECTION: 93060000
STATE ROAD: A1A
PERMIT: 2023-L-496-00009
COUNTY: PALM BEACH
EXHIBIT A
LANDSCAPE IMPROVEMENTS MAINTENANCE BOUNDARIES LIMITS
I. ORIGINAL INCLUSIVE LANDSCAPE MAINTENANCE AGREEMENT LIMITS:
State Road A1A (South Ocean Boulevard) from approximately ¼ mile North of Spanish
River Blvd (M.P. 4.868) to approximately ½ mile South of Linton Blvd (M.P. 7.711)
II. LANDSCAPE PERMIT PROJECT LIMITS (THIS PROJECT)*:
State Road A1A (3425 South Ocean Boulevard) from M.P. 6.394 to M.P. 6.413
*All other limits of the original agreement and amendments shall apply
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SECTION: 93060000
STATE ROAD: A1A
PERMIT: 2023-L-496-00009
COUNTY: PALM BEACH
EXHIBIT B
LANDSCAPE IMPROVEMENT PLANS
The AGENCY agrees to install the landscape improvements in accordance with the plans and
specifications attached hereto and incorporated herein.
Please see attached plans prepared by: Krent Wieland, PLA
KWD Landscape Architect
August 31, 2023
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File Attachments for Item:
B. Consideration of Proposed Addendum No.1 to the Settlement Agreement between
the Town of Highland Beach and Highland Beach Real Estate Holdings, Inc.
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TOWN OF HIGHLAND BEACH
AGENDA MEMORANDUM
MEETING TYPE: Town Commission Meeting
MEETING DATE January 16, 2024
SUBMITTED BY: Marshall Labadie, Town Manager
SUBJECT: Consideration of Proposed Addendum No.1 to the Settlement
Agreement between the Town of Highland Beach and Highland Beach
Real Estate Holdings, Inc.
SUMMARY:
For your consideration, enclosed is Proposed Addendum No. 1 to the Settlement Agreement
between the Town of Highland Beach and Highland Beach Real Estate Holdings, Inc
(HBREH). The existing settlement agreement outlines the development conditions and
timelines for the construction of two parcels of land adja cent to Milani Park.
The primary objectives of this addendum are twofold: (1) to coordinate the planning,
construction, and timelines of both Milani Park and the development of adjacent parcels
covered by the settlement agreement, and (2) to secure Milani Family support for the Town's
efforts to oppose the development of Milani Park.
In summary, the proposed addendum grants additional time for HBREBH to complete the
development of the east and west parcels, introduces a minor height adjustment for the
structure on the west parcel, and provides contingent naming rights to the old Fire Station.
These components are subject to the status of the Milani Park Project and the active support
of the Milani Family in opposing the park development.
It is crucial to highlight that Item No. 6 within the proposed addendum, addressing the potential
zoning of the park property if sold, remains open and unresolved. The Commission is urged
to discuss and select an appropriate zoning district for the park property. Staff recommends
choosing one of the three multi-family zoning districts outlined in Chapter 30 of the Town Code
of Ordinances.
FISCAL IMPACT:
TBD
ATTACHMENTS:
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Proposed Addendum No.1 to the Settlement Agreement between the Town of Highland
Beach and Highland Beach Real Estate Holdings, Inc.
RECOMMENDATION:
Commission Discussion and Direction
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ADDENDUM TO SETTLEMENT AGREEMENT
THIS ADDENDUM to the SETTLEMENT AGREEMENT that was executed on April 21,
1995, is hereby entered into on ______________ 2024, by and between HIGHLANDS BEACH
REAL ESTATE HOLDINGS, INC. (hereinafter “HBREH”) and the TOWN OF HIGHLAND
BEACH, a Florida municipal corporation (hereinafter “TOWN”). The foregoing instruments are
referred to collectively herein as the “Settlement Agreement,” and the parties thereto are referred
to collectively herein as the “Parties.” This Addendum is effective as of the date signed below by
counsel for all Parties. The Settlement Agreement, including all of the definitions and terms
contained therein, is hereby incorporated by reference.
RECITATIONS
WHEREAS, on or about April 21, 1995, the Parties entered into the Settlement Agreement.
WHEREAS, the Parties desire to add additional terms to the Settlement Agreement.
NOW THEREFORE, in consideration of the above Recitations, which are hereby acknowledged
to be true and correct and made a part of this Addendum, it is agreed as follows:
1. Section 4(A)(8) is hereby amended to state: “Maximum Height: 46 feet, measured from
the ground level which shall be 8.5 feet above mean sea level for principal buildings.
Detached garages with storage lofts shall not exceed 25 feet in height as measured above
the slab for such garages.”
2. An additional paragraph titled Section 4(A)(14) shall state: “Time Frame: HBREH shall
have a two (2) year time extension for the development of Lot 9 and 10 West with the
option for three (3) additional 1-year extensions. The additional extensions are contingent
on the suspended development of Milani Park.
3. An additional paragraph titled Section 4(B)(14) shall state: (Time Frame: HBREH shall
have a five (5) year time extension of the development of Lot 10 East with the option of an
additional five (5) year extension. The additional extension is contingent on the cessation
development of Milani Park and the property sold by Palm Beach County.
4. HBREH shall have exclusive naming rights to the Old Fire Station, which will be
rehabilitated into a community event area and/or building. Such exclusive naming rights
shall only be granted if the Milani Park Project is ceased, and property sold by Palm Beach
County.
5. HBREH shall, in cooperation and partnership with the TOWN, as of the date of execution
of this Addendum, actively petition the Palm Beach County Commissioners and staff (“the
County”) to cease the development of Milani Park. HBREH’s efforts shall include, but not
be limited to:
a. Attendance at each public meeting and voiced opposition from HBREH
representatives as to the park development;
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b. Preparation of written opposition from HBREH to the County as to the park
development on a monthly basis;
c. Preparation of a good faith cash offer from HBREH to the County for purchase of
the Milani Park property, based on the appraised land value. The appraised value
shall be prepared by an unaffiliated land appraisal company agreed upon by
HBREH and the TOWN;
d. Cooperation with the TOWN and execution of any documents necessary to further
the joint goal of eliminating the Milani Park property as a public use;
e. Participation, as necessary, in becoming a co-party, along with the TOWN, to any
litigation related to the subject purchase and use of the Milani Park property.
6. Upon any purchase by HBREH of the Milani Park property, HBREH shall develop the land
in accordance with all applicable planning and zoning rules and regulations stipulated for
Zoning District XXXXX;
7. Upon any purchase by HBREH of the Milani Park property, HBREH shall not utilize or
cause the land to be utilized for public use construction and/or projects;
8. This Addendum, together with the Settlement Agreement, contains the entire
understanding between the Parties regarding the subject matter hereof. Except as otherwise
provided herein, all the terms and provisions of the Settlement Agreement remain in full
force and effect, and are fully binding on the parties thereto.
In WITNESS WHEREOF, the undersigned, being duly authorized, have caused this Addendum
to the Settlement Agreement to be executed on the dates shown below.
SIGNATURE PAGES IMMEDIATELY FOLLOW
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HIGHLAND BEACH REAL ESTATE HOLDINGS, INC. (“HBREH”)
By: ___________________________
Name: ________________________
Title: _________________________
Dated: ________________________
STATE OF FLORIDA
COUNTY OF ________________
Sworn to (or affirmed) and subscribed before me, by means of ☐ physical presence
or ☐ online notarization, this ____ day of _______, _____(year), by ______________, who is
personally known to me or who has produced ____________________ as identification and who
did (did not) take an oath.
(Notary must check applicable box).
┌──┐
└──┘is/are personally known to me.
┌──┐
└──┘produced a current Florida driver’s license as identification.
┌──┐
└──┘produced_______________________ as identification.
Notary Seal must be affixed
________________________________
SIGNATURE OF NOTARY
________________________________
Name of Notary (Typed, Printed or Stamped)
Commission Number:_______________
My Commission Expires:____________
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TOWN OF HIGHLAND BEACH (“TOWN”)
By: ___________________________
Name: ________________________
Title: _________________________
Dated: ________________________
STATE OF FLORIDA
COUNTY OF ________________
Sworn to (or affirmed) and subscribed before me, by means of ☐ physical presence
or ☐ online notarization, this ____ day of _______, _____(year), by ______________, who is
personally known to me or who has produced ____________________ as identification and who
did (did not) take an oath.
(Notary must check applicable box).
┌──┐
└──┘is/are personally known to me.
┌──┐
└──┘produced a current Florida driver’s license as identification.
┌──┐
└──┘produced_______________________ as identification.
Notary Seal must be affixed
________________________________
SIGNATURE OF NOTARY
________________________________
Name of Notary (Typed, Printed or Stamped)
Commission Number:_______________
My Commission Expires:____________
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File Attachments for Item:
C. Consideration to approve and authorize the Mayor to execute a Janitorial
Maintenance Services Agreement with Imperial Cleaning Corporation in an amount of
$77,976.00 for janitorial maintenance services for Town-owned facilities.
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TOWN OF HIGHLAND BEACH
AGENDA MEMORANDUM
MEETING TYPE: Town Commission Meeting
MEETING DATE January 16, 2024
SUBMITTED BY: Pat Roman, Public Works Director
SUBJECT: Approve cleaning service for Town Hall/PD, Public Works, and Library
SUMMARY:
We are seeking approval to engage Global Services, Inc. for their cleaning services. Our in-
house cleaning has been burdened with unreliable staff and less than favorable cleaning
methods. We would like to sign a 1-year contract with Global Services, at a monthly cost of
$6,498. We opened the cleaning services to competitive bidding, but the pricing offered by
Busy Brooms was higher, and InterKleen did not respond.
FISCAL IMPACT:
$77,976; Un-Budgeted Shared Cost
ATTACHMENTS:
Global Services Contract
RECOMMENDATION:
Commission approval.
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