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2024.09.18_TC_Agenda_Special1 TOWN OF HIGHLAND BEACH TOWN COMMISSION SECOND PUBLIC HEARING BUDGET MEETING AGENDA Wednesday, September 18, 2024 AT 5:01 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 Leonard G. Rubin Town Attorney 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. PRESENTATIONS None. 5. SECOND READINGS / PUBLIC HEARINGS: A. Resolution No. 2024-024 A Resolution of the Town Commission of the Town of Highland Beach, Florida, adopting a Final Millage Rate of 3.4040 Mils for the Town's Generating Operating Funds for the fiscal year beginning October 1, 2024, and ending September 30, 2025; providing that the Final Millage Rate 3.4040 Mils is 8.0900 percent greater than the computed rolled back rate of 3.1491 Mils; providing for severability; conflicts, and an effective date. Page 1 Town Commission Second Public Hearing Budget Meeting Agenda September 18, 2024 2 B. Resolution No. 2024-025 A Resolution of the Town Commission of the Town of Highland Beach, Florida, adopting a Final Budget for the fiscal year beginning October 1, 2024, and ending September 30, 2025; determining and fixing the amounts necessary to carry on the government of the Town for the ensuing year; providing for severalty, conflicts, and an effective date. 6. NEW BUSINESS A. Resolution No. 2024-026 A Resolution of the Town Commission of the Town of Highland Beach, Florida, adopting the Fiscal Year 2024-2025 Schedule of Fees which establishes reasonable fees for Town Services and other charges; providing for conflicts; and providing an effective date. 7. ADJOURNMENT NOTE: Any person, firm or corporation decides to appeal any decision made by the Town Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record including testimony and evidence upon which the appeal is to be based. (State Law requires the above Notice. Any person desiring a verbatim transcript shall have the responsibility, at his/her own cost, to arrange for the transcript.) The Town neither provides nor prepares such record. In accordance with the Americans with Disabilities Act, persons who need accommodation in order to attend or participate in this meeting should contact Town Hall 561 -278-4548 within a reasonable time prior to this meeting in order to request such assistance. Page 2 File Attachments for Item: A. Resolution No. 2024-024 A Resolution of the Town Commission of the Town of Highland Beach, Florida, adopting a Final Millage Rate of 3.4040 Mils for the Town's Generating Operating Funds for the fiscal year beginning October 1, 2024, and ending September 30, 2025; providing that the Final Millage Rate 3.4040 Mils is 8.0900 percent greater than the computed rolled back rate of 3.1491 Mils; providing for severability; conflicts, and an effective date.  Page 3 RESOLUTION NO. 2024–024 A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, ADOPTING A FINAL MILLAGE RATE OF 3.4040 MILS FOR THE TOWN’S GENERAL OPERATING FUNDS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2024, AND ENDING SEPTEMBER 30, 2025; PROVIDING THAT THE FINAL MILLAGE RATE OF 3.4040 MILS IS 8.0900 PERCENT GREATER THAN THE COMPUTED ROLLED BACK RATE OF 3.1491 MILS; PROVIDING FOR SEVERABILITY, CONFLICTS, AND AN EFFECTIVE DATE. WHEREAS, a final budget has been reviewed and considered by the Town Commission of the Town of Highland Beach, Florida, for the ensuing year, with detailed information, including revenues to be derived from sources other than ad valorem levy, and the Town Manager has made recommendations as to the amount necessary to be appropriated for the ensuing year; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA: Section 1. That the final millage rate necessary to be levied against ad valorem valuation of property subject to taxation in the Town of Highland Beach, Florida, to produce a sufficient sum which together with departmental and other revenues will be sufficient to pay for appropriations made in the budget for the fiscal year beginning October 1, 2024 and ending September 30, 2025, is hereby set at 3.4040 Mils, plus 0.1835 for voted debt service, for a final millage rate of 3.5875. Section 2. The final operating millage rate of 3.4040 is 8.0900 percent greater than the computed rolled-back rate of 3.1491. Section 3. If any clause, section, or other parts of this Resolution shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and shall in no way affect the validity of the remaining portions of this Resolution. Section 4. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 5. This Resolution shall become effective immediately upon passage. Page 4 Resolution No. 2024-024 2 DONE AND ADOPTED by the Town Commission of the Town of Highland Beach, Florida, this 18th day of September 2024. ATTEST: Natasha Moore, Mayor REVIEWED FOR LEGAL SUFFICIENCY Lanelda Gaskins, MMC Town Clerk Leonard G. Rubin, Town Attorney Town of Highland Beach VOTES: YES NO Mayor Natasha Moore Vice Mayor David Stern Commissioner Evalyn David Commissioner Donald Peters Commissioner Judith M. Goldberg Page 5 File Attachments for Item: B. Resolution No. 2024-025 A Resolution of the Town Commission of the Town of Highland Beach, Florida, adopting a Final Budget for the fiscal year beginning October 1, 2024, and ending September 30, 2025; determining and fixing the amounts necessary to carry on the government of the Town for the ensuing year; providing for severalty, conflicts, and an effective date. Page 6 RESOLUTION NO. 2024-025 A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, ADOPTING A FINAL BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2024, AND ENDING SEPTEMBER 30, 2025; DETERMINING AND FIXING THE AMOUNTS NECESSARY TO CARRY ON THE GOVERNMENT OF THE TOWN FOR THE ENSUING YEAR; PROVIDING FOR SEVERABILITY, CONFLICTS, AND AN EFFECTIVE DATE. WHEREAS, a final budget has been prepared by the Town Manager estimating expenditures and revenues of the Town for the ensuing year, with detailed information, including revenues to be derived from sources other than the ad valorem levy, and the Town Manager has made recommendations as to the amount necessary to be appropriated for the ensuing year; and WHEREAS, the Town Commission has met and considered the recommendations, the suggested budget, and the proposed millage necessary to be levied to carry on the government of the Town for the ensuing year; and WHEREAS, the Town of Highland Beach passed Ordinance No. 2023-004 on November 7, 2023, which increased the funding limitations set forth in the Town's Charter at Section 2.01(30) to $900,000, and provided for an annual adjustment of this funding limitation on June 1st of each year in accordance with the Regional Consumer Price Index (CPI) for the Miami-Fort Lauderdale-West Palm Beach Metropolitan Statistical Area (MSA); and WHEREAS the Regional Consumer Price Index (CPI) for the Miami-Fort Lauderdale- West Palm Beach MSA (Series ID: CUURS35BSA0, CUUSS35BSA0) increased b y 3.4853% from June 1, 2023, to June 1, 2024. Therefore, be it resolved that the funding limitation set forth in the Town's Charter at Section 2.01(30) is hereby adjusted from $900,000 to $931,367 for the FY2024/FY0225 budget cycle, in accordance with the Regional Consumer Price Index adjustment. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA: Section 1. That the final budget of the Town of Highland Beach, for the fiscal year beginning October 1, 2024, and ending September 30, 2025, is hereby adopted and the appropriations set out therein are hereby made to maintain and carry on the government of the Town of Highland Beach, Florida. There is hereby appropriated the Page 7 Resolution No. 2024-025 2 sum of $28,218,848 in new revenue, for the payment of operating expenditures for the Town Government pursuant to the terms of the above budget as summarized in Exhibit A. Section 2. All delinquent taxes collected during the ensuing fiscal year as proceeds from levies of operating millages of prior years are hereby specifically appropriated for the use of the General Fund. Section 3. All funds appropriated for the 2023/2024 fiscal year, which are encumbered, but unexpended as of the last day of the fiscal year, shall be deemed re- appropriated for the same purposes for the 2024/2025 fiscal year. Section 4. If any clause, section, or other parts of this Resolution shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered eliminated and shall in no way affect the validity of the remaining portions of this Resolution. Section 5. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent to such conflict. Section 6. This Resolution shall become effective immediately upon its passage. DONE AND ADOPTED by the Town Commission of the Town of Highland Beach, Florida, this 18th day of September 2024. ATTEST: Natasha Moore, Mayor REVIEWED FOR LEGAL SUFFICIENCY Lanelda Gaskins, MMC Town Clerk Leonard G. Rubin, Town Attorney Town of Highland Beach VOTES: YES NO Mayor Natasha Moore Vice Mayor David Stern Commissioner Evalyn David Commissioner Donald Peters Commissioner Judith M. Goldberg Page 8 Resolution No. 2024-025 3 Exhibit A Page 9 Resolution No. 2024-025 4 Page 10 Resolution No. 2024-025 5 GENERALBUILDING DISCRETIONARYWATERSEWERTotalFUNDFUNDTAXFUNDSYSTEMSYSTEMBudgetREVENUESPROPERTY TAXES13,243,591$ 13,243,591$ INTER-GOVERNMENTAL686,900686,900FRANCHISE FEES775,000775,000SALES AND USE TAX265,000415,000680,000CHARGES FOR SERVICES1,081,0002,009,3503,702,3961,973,6478,766,393GRANTS22,000410,921432,921MISCELLANEOUS REVENUES40,00040,000FINES AND FORFEITURES14,80014,800INVESTMENT EARNINGS505,000110,00036,000125,000110,000886,000RENTS AND LEASES56,00056,000OTHER FINANCING SOURCES241,900260,000865,3431,367,243INTRA-GOVERNMENTAL1,050,000220,0001,270,000TOTAL REVENUES17,739,291$ 2,361,250$ 711,000$ 4,912,739$ 2,494,568$ 28,218,848$ EXPENDITURESTOWN COMMISSION243,685$ 243,685$ TOWN MANAGER751,690751,690TOWN CLERK465,750465,750FINANCE636,000636,000PUBLIC WORKS1,505,510455,0001,960,510SHARED SUPPORT SERVICES561,360561,360POLICE DEPARTMENT4,571,610256,0004,827,610FIRE RESCUE5,766,6005,766,600BUILDING DEPARTMENT2,361,2502,361,250WATER SYSTEM OPERATIONS4,912,7394,912,739SOLID WASTE1,075,3501,075,350SEWER SYSTEM OPERATIONS2,494,5682,494,568LIBRARY493,651493,651INTERFUND TRANSFERS55,00055,000DEBT SERVICE677,960677,960RESERVE FOR CONTINGENCY935,125935,125TOTAL EXPENDITURES17,739,291$ 2,361,250$ 711,000$ 4,912,739$ 2,494,568$ 28,218,848$ BUDGET SUMMARY BY FUND FOR TOWN OF HIGHLAND BEACH Page 11 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 11745-Other Legal Notices , Was published in said newspaper by print in the issues of, and by publication on the newspaper¶s website, if authorized on Sep 13, 2024 budget summary 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: September 13, 2024. Signature of Notary Public Name of Notary, Typed, Printed, or Stamped Personally Known (X) or Produced Identification ( ) Affidavit Delivery Method: U.S. Mail Affidavit Email Address: 7693730 SUN-SENTINEL Page 12 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 11745-Other Legal Notices , Was published in said newspaper by print in the issues of, and by publication on the newspaper¶s website, if authorized on Sep 13, 2024 proposed tax increase 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: September 13, 2024. Signature of Notary Public Name of Notary, Typed, Printed, or Stamped Personally Known (X) or Produced Identification ( ) Affidavit Delivery Method: U.S. Mail Affidavit Email Address: 7693731 SUN-SENTINEL Page 13 rial Hospital Pembroke, and numerous ancillary facilities, including a nurs-ing home and urgent care centers.Justen said the board and Wester were not on the same page about how to move the large and grow-ing hospital system into the future. “He didn’t have a vision. When we asked him what his vision was, he couldn’t artic-ulate anything,” she said. Wester had relocated to Broward County from Loui-siana. Board members said Wester had good values and a grasp of health care, but he struggled to adapt to the diverse and fast-moving pace of the South Florida area.“He was just not a proper fit,” Justen said.Wester said he learned of the board’s dissatisfaction on Monday night and gave them his resignation Wednes-day night. Wester earned an annual salary of $1.47 million, and he will receive his salary for the remaining year on his contract.“Memorial Health System is an incredible organization and has done so much to help the people of South Broward and all of South Florida,” Wester said. “I couldn’t be more proud of the leadership teams and all we have accom-plished together. I am a deep believer in Memorial and will always offer my best to help the organization as much as I can.”Wester said he wants to stay in the health care field, unsure of his next move. “It’s time to reassess, recharge. Where the path leads me, I am not sure. Leadership is knowing when it is time to take another path.”David Smith, who serves as chief administrative offi-cer and chief financial officer, will take on the role of interim CEO. Justen said the board will meet to discuss a strategy for finding a new CEO.Board members told the South Florida Sun Sentinel that their mission is to ensure good health care for the people of Broward County and clarified that despite executive changes, the health system is well-positioned to serve anyone who needs care.“We are financially strong and in a good position as a system to fill the needs of the community,” said Laura Raybin Miller, a 25-year member of Memorial’s board. “There are 400 leaders in our hospitals so it has never been about one person. I don’t expect we will miss a beat.”“The last two years have been about delivering care in a more cost-effective manner,” Raybin Miller said. “Going forward I think we need to focus on the primary care access for the community.”Raybin Miller said she also would like to return to looking for opportunities for Broward Health (known as the North Broward Hospi-tal District) and Memo-rial (known as the South Broward Hospital District) to work together. The boards of the two systems met just as Wester came on board, but those meetings have since stopped.“I am open to exploring mutual synergies and initia-tives,” she said. South Florida Sun Sentinel health reporter Cindy Contract from Page 1 Mastrianni. Lynch-Walsh criticized Mastrianni’s arrest of another longtime volunteer, Debbie Espi-noza, during a heated School Board meeting last October.Lynch-Walsh responded by filing her own bullying complaint against Hepburn and Mastrianni, while also alleging the investigation violated district policies. For example, she said she was never asked to submit a written statement, as required by the district’s bullying policy. She was inter-viewed verbally by communications chief John Sullivan, who prepared the report.The chairs of several advi-sory committees also sent emails to Hepbrun saying Lynch-Walsh was speak-ing on behalf of a group of committees, so she shouldn’t be singled out.The original complaint by Mastrianni, obtained this week by the South Flor-ida Sun Sentinel through a public records request, also raises questions about how thorough the district’s investigation was. Mastri-anni asked that Lynch-Walsh receive a reprimand, but also blasted the School Board’s response to Lynch-Walsh, including one board member apologizing to Espinoza.The complaint asks the board to take actions to prevent similar issues from happening in the future. But the concerns about the School Board’s role weren’t referenced in the district’s investigation.“Due to the alleged discrepancies in the inves-tigation and the allegations made against the District, I believe it is critical that an independent inquiry care-fully reviews the actions of the individual in question and the claims made against the District,” Hepburn said in a Thursday email to School Board members.Hepburn said to “ensure the transparency and integ-rity of this investigation,” he will ask General Counsel Marylin Batista, who reports directly to the School Board, to identify an outside inves-tigator.“This approach will remove myself and my staff from the investigation process, reinforcing the impartiality of the review,” Hepburn wrote.Lynch-Walsh has argued district officials are trying to retaliate against her because she identifies problems in the district and tries to hold it accountable.“I hope they aren’t think-ing this (external review) avoids me providing them with a written response to the false statements, omis-sion of fact, misrepresenta-tions of fact and misleading information contained in the report,” she told the South Florida Sun Sentinel.In the complaint, Mastri-anni wrote that Lynch-Walsh was using her official School Board sanc-tioned position as the chair of several committees to disparage him, arguing its a violation of the school district’s policy on bully-ing and meeting decorum. Lynch-Walsh is the current chairwoman of the Audit Committee and District Advisory Council and was the recent chairwoman of the Facilities Task Force.Lynch-Walsh criticized Mastrianni on March 20 and June 25, when the School Board met with members of district advisory commit-tees. At the June 25 meet-ing, she questioned why the district had renewed him for another year and she called for him to be investigated.“Lynch Walsh accused me of setting up a volunteer in an incident on October 17th, 2023, falsely arresting the volunteer and perjur-ing myself by writing a false police report,” Mastri-anni wrote in his July 24 complaint.Multiple committees chairs had voiced concern about Espinoza’s arrest, although Lynch-Walsh did much of the speaking at the two meetings. The concerns raised were part of “a committee chair consor-tium effort, not led solely by Dr. Lynch-Walsh,” Narnike Pierre-Grant, chairwoman of the district’s Diversity Committee, wrote in a Sept. 4 email to School Board members.Michael Braverman, a lawyer who represents Mastrianni through the Broward Police Benevolent Association, told the Sun Sentinel he found it “unfor-tunate” that the district is starting the investigation over rather than moving forward with the recom-mendation to remove Lynch-Walsh from committees.“The conduct is so egre-gious that yes, she should be removed,” he said. “I don’t think she’s going to stop. It seems like she has some pretty strong views, and why would she be given this forum?”The controversy involved Mastrianni’s Oct. 17 arrest of Debbie Espinoza, a longtime district volunteer, during a heated School Board meet- ing. He accused her of battery on a law enforce-ment officer, a felony. Braverman maintains it was a lawful arrest, although the State Attorney’s Office declined to pursue charges.A consultant hired by the district to review surveil-lance video questioned whether Espinoza’s arrest was appropriate, saying Mastrianni had moved “easily within her (Espino-za’s) personal space, which ultimately caused her to come into contact with him, resulting in her arrest.”In his complaint, Mastri-anni said that review didn’t recommend any discipline. However, the consultant agreement specifically says, “This review is not disci-plinary or investigative in nature.”The review recom-mended the district conduct de-escalation training for police officers and security staff as well as make changes to meeting protocols, both of which the district has done.Mastrianni’s complaint criticized not only Lynch-Walsh, but also School Board members, some of whom agreed with her concerns at the June 25 meeting and encouraged Hepburn to conduct a personnel inves-tigation on Mastrianni’s actions.One board member, Daniel Foganholi, publicly apologized to Espinoza at a June 25 meeting, which “all but indicts me as guilty in the court of public opinion, further damaging my repu-tation,” Mastrianni wrote.Foganholi couldn’t be reached for comment.Former Superintendent Peter Licata declined to launch a personnel inves-tigation into Mastrianni in December, after the consul-tant’s report came out. In July, Hepburn sent a memo to School Board members saying a six-month statute of limitations for investigat-ing police officer complaints had expired.“I want to emphasize that I will not tolerate a hostile work environment for our employees, students, or volunteers,” Hepburn wrote in his email Thursday. “Our responsibility is to ensure a safe, respectful, and positive environment for all.” Bullying from Page 1 Lynch-Walsh Wester Sun Sentinel | Section 1 | Friday, September 13, 2024 9 BUDGET SUMMARY TOWN OF HIGHLAND BEACH - FISCAL YEAR 2024-2025 General Fund 3.4040 Voted Debt 0.1835 ESTIMATED REVENUES:GENERAL FUND SPECIAL REVENUE - BUILDING DEPT. SPECIAL REVENUE - SALES SURTAX ENTERPRISE FUND - WATER ENTERPRISE FUND - SEWER TOTA L ALL FUNDS Ta xes:Millage per $1,000 Ad Valorem Ta xes-Operating 3.4040 $12,581,790 $12,581,790 Ad Valorem Ta xes-Voted Debt Service 0.1835 $678,250 678,250 Sales and Use Ta xes 515,000 415,000 930,000 Licenses and Permits 1,973,350 1,973,350 Intergovernmental Revenue 686,900 686,900 Charges for Services 1,111,000 3,702,396 1,973,647 6,787,043 Fines and Forfeitures 14,800 43,000 57,800 Miscellaneous Revenue 1,101,551 110,000 36,000 125,000 520,921 1,893,472 TOTA L SOURCES 16,689,291 2,126,350 451,000 3,827,396 2,494,568 25,588,605 Tr ansfers In 1,050,000 55,000 220,000 1,325,000 Fund Balances/ Reserves/Net Assets 179,900 260,000 865,343 1,305,243 TOTAL REVENUES, TRANSFERS & BALANCES $17,739,291 $2,361,250 $711,000 $4,912,739 $2,494,568 $28,218,848 EXPENDITURES: General Government 2,831,785 2,831,785 Public Safety 10,045,710 1,439,150 11,484,860 Public Works 505,510 505,510 Sanitation/Solid Waste 1,075,350 1,075,350 Physical Environment 2,991,970 1,824,568 4,816,538 Culture and Recreation 488,651 488,651 Capital Outlay 1,424,200 422,100 711,000 560,000 450,000 3,567,300 Debt Service677,960 810,769 1,488,729 TOTAL EXPENDITURES 17,049,166 1,861,250 711,000 4,362,739 2,274,568 26,258,723 Tr ansfers Out 55,000 500,000 550,000 220,000 1,325,000 Fund Balances/ Reserves/Net Assets 635,125 635,125 TOTA L APPROPRIATED EXPENDITURES TRANSFERS, RESERVES & BALANCES $17,739,291 $2,361,250 $711,000 $4,912,739 $2,494,568 $28,218,848 *The tentative, adopted, and / or final budgets are on file in the offices of the To wn of Highland Beach, FL as a public record. The To wn of Highland Beach has tentatively adopted a measure to increase its property tax levy. Last year’s property tax levy: A. Initially proposed tax levy .............$ 12,102,780 B. Less tax reductions due to Value Adjustment Board and other assessment changes ...........$ 27,012 C. Actual property tax levy ................$ 12,075,768 This year’s proposed tax levy ........$ 13,106,035 All concerned citizens are invited to attend a public hearing on the tax increase to be held on: THURSDAY, SEPTEMBER 18, 2024 5:01 P.M. at TOWN OF HIGHLAND BEACH COMMISSION CHAMBERS 3614 SOUTH OCEAN BOULEVARD HIGHLAND BEACH, FLORIDA 33487 A FINAL DECISION on the proposed tax increase and the budget will be made at this hearing. NOTICE OF PROPOSED TAX INCREASE Newspaper: Sun Sentinel - Broward Advertiser: Town of Highland Beach Issue Date: Fri, 09/13/24 Ad Number: 7693730-1 Page 14 File Attachments for Item: A. Resolution No. 2024-026 A Resolution of the Town Commission of the Town of Highland Beach, Florida, adopting the Fiscal Year 2024-2025 Schedule of Fees which establishes reasonable fees for town services and other charges; providing for conflicts; and providing an effective date.  Page 15 TOWN OF HIGHLAND BEACH AGENDA MEMORANDUM MEETING TYPE: Town Commission Meeting MEETING DATE September 17, 2024 SUBMITTED BY: Town Manager’s Office SUBJECT: Fee Schedule Changes for Fiscal Year 24-25 SUMMARY: This memorandum serves to inform the commission of the proposed upcoming changes to our fee schedule, which will take effect on September 30, 2024. The revised fee schedule will help maintain the quality of our services while ensuring the sustainability o f our operations. Summary of Changes: 1. General Fees: a. Municipal Lien Search Requests changed from $150.00 per Parcel Control Number to $175.00 per Parcel Control Number 2. Building and Land Development Fees: a. Addition of Private Provider Rates (see below) 1. Private Provider inspections only -8% of (c) only 2. Private Provider plan review only -10% of (c) only. 3. Private Provider inspections & plan review -18% of (c) only b. Addition of Floating Vessel Platform Application Review Fee: $150.00 c. Addition of Reinstatement of Expired Permit fee (upon approval of Building Official) of $100.00 d. Short-Term Rentals re-inspection fee (failure to pass initial inspection) changed from $50.00 to $75.00 e. Short-Term Rentals annual renewal fee changed from $100.00 to $150.00 f. Short-Term Rental Penalties Administrative Fee of $150.00 changed to $250.00 for Cost of Prosecution Page 16 3. Water & Sewer Rates: a. Water & Irrigation Flat Rate Charge (Bi-Monthly) Changed from $52.75 per dwelling unit to $56.97 per dwelling unit b. All Customers Bi-Monthly Usage Charges (per dwelling unit) 1. 0 to 10,000 gallons $2.80 per 1,000 gallons 2. 0,001to 20,000 gallons $3.80 per 1,000 gallons 3. 20,001 to and 55,000 gallons $5.89 per 1,000 gallons 4. 55,001 gallons to 80,000 gallons $8.58 per 1,000 gallons 5. Over 80,000 gallons $11.21 per 1,000 gallons Changes below: All Customers Bi-Monthly Usage Charges (per dwelling unit) 1. 0 to 10,000 gallons $3.03 per 1,000 gallons 2. 10,000 to 20,000 gallons $4.11 per !,000 gallons 3. 20,001 to and 55,000 gallons $6.36 per 1,000 gallons 4. 55,001 gallons to 80,000 gallons $9.26 per 1,000 gallons 5. Over 80,000 gallons $ 12.11 per 1,000 gallons c. Irrigation Class Bi-Monthly Usage Charges (per meter) * 1. 0 to 55,000 gallons $5.89 per 1,000 gallons 2. 55,001 to 80,000 gallons $8.58 per 1,000 gallons 3. Over 80,000 gallons $11.21 per 1,000 gallons Subject to flat charge plus usage charges* Changes below: Irrigation Class Bi-Monthly Usage Charges (per meter)* 1. 0 to 55,000 gallons $6.36 per 1,000 gallons 2. 55,001 to 80,000 gallons $9.26 per 1,000 gallons 3. Over 80,000 gallons $12.11 per 1,000 gallons d. Sewer Use Rates 1. Sewer Flat Rate Charge (Bi-Monthly) $40.39 per dwelling unit 2. Bi-Monthly Usage Charges (per dwelling $3.29 per 1,000 gallons Unit of water usage to a maximum of 20,000 gallons) 3. Commercial Customers* of water usage $3.29 per 1,000 gallons with no maximum Subject to flat charge plus usage charges* Changes below: Page 17 1. Sewer Flat Rate Charge Bi-Monthly $43.62 per dwelling unit 2. Bi Monthly Usage Charges (per dwelling $3.55 per 1,000 gallons Unit of water usage to a maximum of 20,000 gallons) 3. Commercial Customers* of water usage $3.55 per 1,000 gallons with no maximum Subject to flat charge plus usage charges* e. Private Fire Protection 1. Fire Hydrants $23.76 each per month 2. Standpipes/ Sprinkler System $23.76 each per month Changes below: 1. Fire Hydrants $25.66 each per month 2. Standpipes/ Sprinkler System $25.66 each per month f. Field Visit Charge 1. During Normal Working Hours $29.70 2. Outside Normal Working Hours $59.40 Changes below: 1. During Normal Working Hours $32.08 2. Outside Normal Working Hours $64.15 4. Fire/EMS: a. New and Existing Construction Fees Changes below: (The Maximum Fire Plans and Inspection Fees: capped at $15,000 per project) 5. Solid Waste Per seven-year contract, rates are renewed according to schedule. Page 18 Rationale: These adjustments are necessary due to increased operational costs, including but not limited to labor, materials, and overhead. The revised fee schedule will help maintain the quality of our services while ensuring the sustainability of our operations. ATTACHMENTS: Resolution No. 2024-026, Fiscal Year 2024-25 Schedule of Fees RECOMMENDATION: Adoption of Fiscal Year 2024-25 Schedule of Fees Page 19 RESOLUTION NO. 2024-026 A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, ADOPTING THE FISCAL YEAR 2024-2025 SCHEDULE OF FEES WHICH ESTABLISHES REASONABLE FEES FOR TOWN SERVICES AND OTHER CHARGES; PROVIDING FOR CONFLICTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Highland Beach (“Town”) maintains and desires to promote the safety, health and welfare of its residents by providing for enforcement of its Code of Ordinances as well as setting forth fees for providing certain utilities and administrative services; and WHEREAS, the Town Commission finds that adopting the 2024-25 schedule of fees serves a valid public purpose. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA: Section 1. The foregoing recitals are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. Section 2. The “Town of Highland Beach Schedule of Fees,” which are attached as Exhibit “A”, “B”, “C”, “D”, “E” and incorporated herein, is hereby adopted. Section 3. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. Section 4. If any provision of this Resolution or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of this Resolution which can be given effect without the invalid provision or application and to this end the provisions of this Resolution are declared severable. Section 5. This Resolution shall become effective upon approval by Town Commission. DONE AND ADOPTED by the Town Commission of the Town of Highland Beach, Florida, this ___ day of September 2024. Page 20 Resolution No. 2024-026 VOTES: YES NO Mayor Natasha Moore Vice Mayor David Stern Commissioner Evalyn David Commissioner Donald Peters Commissioner Judith M. Goldberg ATTEST: Natasha Moore, Mayor REVIEWED FOR LEGAL SUFFICIENCY Lanelda Gaskins, MMC Town Clerk Leonard G. Rubin, Town Attorney Town of Highland Beach Page 21 Resolution No. 2024-026 EXHIBIT “A” TOWN OF HIGHLAND BEACH SCHEDULE OF FEES EFFECTIVE 10/01/2024– 09/30/2025 I. TOWN CLERK a. Public Records Request i. Photocopies (8 ½ x 14 or less): a. Single Sided: Black and White Copies $0.15 per page b. Double Sided: Black and White Copies $0.20 per page c. Single Sided: Color Copies $0.25 per page d. Double Sided: Color Copies $0.30 per page e. Photocopies total cost under $5.00 No charge ii. USB Flash Drive Based on actual cost iii. Other materials Based on actual cost b. Labor Costs for Research and Reproduction, Special Service Charges relevant to Public Records Based on actual cost c. Postage/Mailing Cost Based on actual cost *Additional Cost May Apply Based on Florida Statute, Chapter 119* d. Municipal Lien Search Requests $175.00 per Parcel Control Number e. Notary Service: Highland Beach Residents (after first five (5) signatures) $5.00 per signature f. Non-Residents $5.00 per signature g. Administration of Oaths and Affirmations $10.00 per person h. Acknowledgements $10.00 per person i. Certified Copies $1.00 per document j. Zoning Maps Based on actual cost k. Development Order Applications $200.00 per application *Administrative cost for preparation and mailings of public notices* Page 22 Resolution No. 2024-026 Page 23 Resolution No. 2024-026 II. LIBRARY a. Library Cards i. Highland Beach Property Owners and Residents with six (6) months lease agreement or longer No charge ii. Seasonal renters (3-6 months) $25.00 per year iii. Non-residents $75.00 per year iv. Replacement cards $5.00 per card b. Overdue Materials i. Books and magazines $0.25 per day per item ii. DVDs and CDs $1.00 per day per item iii. E-readers $3.00 per day per item c. Printing/Copying using Library Computers i. First 5 pages of Black & White Copies No charge ii. More than Five (5) Pages $0.25 per page d. Room usage fees for Independent Contractors i. Background Check for Independent Contractor $19.95 ii. Tom Reid Room $10.00 per month iii. Community Room $20.00 per month III. CODE COMPLIANCE & POLICE FINES/FEES a. Illegal parking in designated disabled parking spots $250.00 b. Class I Infraction (First and repeat violations) $50.00 c. Class II Infraction (First offense) $50.00 d. Class II Infraction (Repeat violation) $100.00 e. Class III Infraction (First and repeat violations) $200.00 f. Cost of Prosecution $250.00 *Class I, II and III Infractions based per Section 2-174 of Town Code of Ordinances IV. ADMINISTRATIVE COSTS Pursuant to Section 2-117 (c) of the Code of Ordinances, administrative costs incurred by the town in the successful prosecution of a code enforcement case shall be assessed against the violator pursuant to F.S. § 162.07(2). Page 24 Resolution No. 2024-026 EXHIBIT “B” TOWN OF HIGHLAND BEACH BUILDING AND LAND DEVELOPMENT SCHEDULE OF FEES EFFECTIVE 10/01/2024 – 09/30/2025 V. BUILDING DEPARTMENT a. All building permit fees shall be based upon the value of the work to be performed. The ''value of work” shall be determined in accordance with Section 109 of the Town’s Administrative Amendments to the Florida Building Code. b. The minimum building permit fee shall be $100. c. Building permit fees shall be calculated per each $1,000 of valuation or portion thereof for each trade (building, plumbing, mechanical, or electrical) or for each specialty (pools, fire suppression, alarm, or security systems, etc.). Those fees are as follows: i. $25.00 per $1,000 or portion thereof of value up to $500,000. ii. $20.00 per $1,000 or portion thereof of value above $500,000. Note: For permits issued for properties within the Town of Gulf Stream, 5% of the collected fees will be allocated to the Town of Gulf Stream for administrative services. d. Private Provider rates per F.S. 553.791 & F.S. 553(2)(b) i. Private Provider inspections only -8% of (c) only. ii. Private Provider plan review only -10% of (c) only. iii. Private Provider inspections & plan review -18% of (c) only. e. Sales Trailer Permit Fee: The fee for sales trailers shall be $500 per trailer, shall include all sub-trade inspections, and shall expire after six (6) months. The permit may be renewed for additional six (6) month increments upon payment of an additional fee. f. Construction Trailer Permit Fee: The fee for a construction trailer shall be $250 and shall include all sub-trade inspections. g. Contractor Registration: All contractors working in the Town of Highland Beach must be registered with the Building Department. Registration requires the submission of basic information about the contractor, including a government-issued photo ID, along with proof of valid licenses and insurance and a local county business tax receipt. Contractors must hold a valid license issued by the State of Florida or a Palm Beach County that meets licensing requirements. There is no fee for registering with the Town of Highland Beach. Page 25 Resolution No. 2024-026 h. Reinspection Fees: i. $75.00 for second inspection (same item) ii. $150.00 for third inspection* (same item) iii. $250.00 for the fourth inspection* (same item) iv. $300.00 for the fifth inspection* (same item) * (requires license holder or qualifier to be at the site for inspection) i. Additional Fees: i. $100.00 for fire sprinkler permits. Does not include the electrical permit. ii. $50.00 per page for plans requiring additional review after the initial review iii. $50.00 for change in contractor iv. $100.00 floor and/or balcony tile fee (not shower tile or pan replacement) v. $50.00 for a portable storage unit vi. $100.00 for failure to call for a final inspection prior to permit expiring vii. $100.00 for reinstatement of expired permit (if approved by the Building Official) viii. Appeal of Building Code Decision: $1,500.00 ix. Additional Highland Beach Fire Department fees may apply. Contact HBFR j. Penalty Fees: i. Two and half times (2.5X) the original permit fee, but not to exceed $10,000, for work commenced without a permit *Approved by the Town Commission on October 7, 2020* k. Planning & Zoning Fees: i. Site plan: $1,500.00 ii. Special Exception: $1,500.00 iii. Comprehensive Plan Amendment: $1,500.00 iv. Revision to Code of Ordinances: $1,500.00 Page 26 Resolution No. 2024-026 v. Variance: $1,500.00 $500.00 each additional variance vi. Appeal of Zoning Determination: $1,500.00 vii. Zoning Verification Letter: $150.00 viii. Hourly attorney consultation fee. Must be paid with all land development applications. $500.00 deposit plus any costs that exceed the $500.00 ix. License Agreement or Unity of Title: $1,000.00 x. Appeal to Town Commission: $1,500.00 xi. Engineering Review Fee: $500.00 plus any additional cost xii. Floating Vessel Platform Application Review Fee: $150 xiii. Short-Term Rentals registration fee. $250.00 xiii. Short-Term Rentals inspection fee. $150.00 xiv. Short-Term Rentals re-inspection fee (failure to pass initial inspection) $75.00 xv. Short-Term Rentals annual renewal fee. $150.00 xvi. Short-Term Rentals change of agent fee. $50.00 xvii. Short-Term Rental penalties: a. $250.00 fine, daily, per violation for the first offense; b. Up to $500.00 fine, daily, per violation for repeat offenses; c. $250.00 cost of prosecution. Refund Policy  No refunds for issued permits, permits under $200, penalty fees, surcharges, etc.  No refunds on permit applications greater than 30 days old  Refunds shall be 60% of the fee paid in excess of $200. Cost Recovery Provision. The applicant is responsible for the cost of recovering administrative, engineering, legal review, and/or any other professional service required in conjunction with any application, including any public notice costs in excess of the minimum advertising fee, including notice costs, such as postage, etc. Page 27 Resolution No. 2024-026 EXHIBIT “C” TOWN OF HIGHLAND BEACH SCHEDULE OF FEES EFFECTIVE 10/01/2024 – 09/30/2025 VI. WATER USE RATES a. Water & Irrigation Flat Rate Charge (Bi-Monthly) $56.97 per dwelling unit b. All Customers Bi-Monthly Usage Charges (per dwelling unit) i. 0 to 10,000 gallons $3.03 per 1,000 gallons ii. 10,001to 20,000 gallons $4.11 per 1,000 gallons iii. 20,001 to and 55,000 gallons $6.36 per 1,000 gallons iv. 55,001 gallons to 80,000 gallons $9.26 per 1,000 gallons v. Over 80,000 gallons $12.11 per 1,000 gallons c. Irrigation Class Bi-Monthly Usage Charges (per meter) * i. 0 to 55,000 gallons $6.36 per 1,000 gallons ii. 55,001 to 80,000 gallons $9.26 per 1,000 gallons iii. Over 80,000 gallons $12.11 per 1,000 gallons * Subject to flat charge plus usage charges VII. SEWER USE RATES a. Sewer Flat Rate Charge (Bi-Monthly) $43.62 per dwelling unit i. Bi-Monthly Usage Charges* (per dwelling unit) $3.55 per 1,000 gallons of water usage to a maximum of 20,000 gallons. ii. Commercial customers* $3.55 per 1,000 gallons of water usage with no maximum. * Subject to flat charge plus usage charges VIII. PRIVATE FIRE PROTECTION a. Fire Hydrants $25.66 each per month b. Standpipes/Sprinkler System $25.66 each per month Page 28 Resolution No. 2024-026 IX. GENERAL CUSTOMER BILLING a. Water and Sewer usage charges will be billed bi-monthly. b. Payment remittance is due within 30 days of the billing date. c. Accounts more than 30 days are considered delinquent. d. Delinquent accounts will be subject to an additional 1.5% per month (18% annum) delinquency charge. e. Notice of such delinquency will be given by the Town; and if not corrected within 10 days of said notice, water service will be disconnected. f. Water service will not be reconnected until the delinquent bill and a fifty-dollar ($50.00) reconnection fee is paid. g. Meters may be tested for accuracy upon written request from the customer. However, the customer will be subject to the expense of the test if the meter is found to be not more than 2% fast. h. In the event of a water leak occurring on the consumer’s side of the meter, the Town Manager may offer a one-time courtesy adjustment to provide financial relief to a consumer who is experiencing a higher than usual water bill. To be considered for this courtesy adjustment: i. The water bill in question must not be from the billing period more than two billing cycles prior. ii. The consumer must not have used a courtesy adjustment in the past, and iii. The consumer must demonstrate that they have repaired the water leak (i.e. plumber’s invoice for repairs). If a consumer is granted a courtesy adjustment, the Town will estimate (by comparing historical usage of the account) the amount of the water leak and deduct it from the consumer’s total usage for the billing period. The difference between the total usage and the water leak portion will be considered the consumer’s regular usage for the billing period and will be billed according to the rate structure provided in Section VI. The estimated water leak portion of usage for the billing period will be adjusted and billed at the lowest tiered rate provided in Section VI. Notwithstanding the above, the town manager in his or her discretion will have the flexibility to allow up to four (4) installment payments of bills which are unusually high as measured by past bills for the property in question. The town manager's discretion will be on a case-by-case basis using his or her best judgment as each case arises. X. WATER SYSTEM CONNECTION CHARGES (IMPACT FEES) a. New Dwellings i. Connection Charge $3,000 per dwelling unit ii. Meter Installation Fees Time and Material plus 25% Page 29 Resolution No. 2024-026 XI. SEWER SYSTEM CONNECTION CHARGES (IMPACT FEES) a. New Dwellings i. Connection Charge $1,000 per dwelling unit XII. FIELD VISIT CHARGE The Town may charge a fee to each customer requesting a service to be performed by a Town employee at their premises with respect to the water or wastewater systems. The services to be performed shall include, but not be limited to, individual turn-on and turn- off of service, data-logging a meter, and meter re-reading. The Town will waive this fee in any instance where the meter is determined to be faulty. There shall be no charge for the first field visit. a. During Normal Working Hours $32.08 b. Outside Normal Working Hours $64.15 Page 30 Resolution No. 2024-026 EXHIBIT “D” TOWN OF HIGHLAND BEACH SCHEDULE OF FEES EFFECTIVE 10/01/2024 – 09/30/2025 I. EMERGENCY MEDICAL SERVICES TRANSPORT FEES a. Basic Life Support $650.00 b. Advanced Life Support 1 $685.00 c. Advanced Life Support 2 $770.00 d. Mileage $12.00/mile II. SCHEDULE OF FIRE INSPECTIONS There are no fees for Required Florida Fire Prevention Code Annual Fire inspections. a. Ambulatory Health Care Annual b. Apartments/Condominiums (3-6 units with common area) Annual No fire protection equipment systems c. Apartments/Condominiums (3-6 units without common area) Annual No fire protection equipment systems d. Apartments/Condominiums (7 units or more) Annual e. Apartments/Condominiums with Fire Protection Annual Equipment Systems f. Assembly/Restaurants Annual g. Business – Shell Annual h. Fire Pump Inspection Annual i. Gate Inspections per access point Annual j. Hotel Dormitories Annual k. Lodging or Rooming Houses Annual l. Storage/Parking Annual III. CUSTOMER REQUESTED PERMIT FEES a. Temporary Structures (Tents) $150.00 b. Flow Test $350.00 c. Bonfire Permit (Beach) $300.00 d. Pyrotechnics/Fireworks $250.00 e. Fire Watch $125.00 per hour (min 4 hours min fee $500) f. Special Event $150 per hour (2-hour min) $50.00 per hour over 2 hours (fees are per staff member) IV. NEW AND EXISTING CONSTRUCTION FEES a. Plans and Inspections $100 on Cost of Construction up to $20,000 b. Plans and Inspections 0.5% on Total Construction Cost Above $20,000 Page 31 Resolution No. 2024-026 (The Maximum Fire Plans and Inspection Fees: capped at $15,000 per project) c. Penalty for Work commencing prior to plan review/approval 2.5 times permit fees d. Customer Requested After Hours Inspections $125.00 per visit per hour (min. 2 hours) V. FIRE ALARMS FEES a. False Alarm for Non-Registered System All false alarms fiscal year $200R-$1,000C b. False Alarms for Registered System No Charge for false alarms 1-3 fiscal year 4th false alarm fiscal year $75 5th false alarm fiscal year $100 6th false alarm fiscal year $150 7th or more false alarm fiscal year $200/call c. Alarm Registration $35.00 d. Renewals/Updates $10.00 Page 32 Resolution No. 2024-026 EXHIBIT “E” TOWN OF HIGHLAND BEACH SCHEDULE OF FEES EFFECTIVE 06/01/2024 – 05/31/2025 I. SOLID WASTE AND RECYCLING SERVICES a. Single-family curbside $ 31.19 per month* b. Multi-family curbside (4 units or less) $ 31.19 per month* c. Multi-family curbside (more than 4 units) $ 18.68 per month* d. Special medical Per Contract e. Container rentals Per Contract f. Commercial services Per Contract *Cost includes 5% administrative charge EFFECTIVE 06/01/2025 – 06/01/2026 g. Single-family curbside $ 33.37 per month* h. Multi-family curbside (4 units or less) $ 33.37 per month* i. Multi-family curbside (more than 4 units) $ 19.98 per month* j. Special medical Per Contract k. Container rentals Per Contract l. Commercial services Per Contract *Cost includes 5% administrative charge Page 33