2024.10.01_TC_Agenda_Regular1
TOWN OF HIGHLAND BEACH
TOWN COMMISSION MEETING
AGENDA
Tuesday, October 01, 2024 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
Leonard G. Rubin Town Attorney
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. INNVOCATION
5. APPROVAL OF THE AGENDA
6. PRESENTATIONS / PROCLAMATIONS
A. State of Education Report by School Board Member Eric Whitfield, District 4
School District of Palm Beach County
B. Domestic Violence Month Proclamation
7. PUBLIC COMMENTS
Public Comments will be limited to five (5) minutes per speaker.
A. Barbara Nestle, Chairperson of the Natural Resources Preservation Advisory
Board
Page 1
Town Commission Meeting Agenda October 01, 2024
2
8. ORDINANCES (Public Comments will be limited to three (3) minutes per speaker
per item after Commission initial discussion.)
A. None.
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. Resolution No. 2024-027
A Resolution of the Town Commission of the Town of Highland Beach, Florida,
ratifying the selection, appointments, and term of office of members of the
Planning Board; and providing for an effective date.
B. Resolution No. 2024-028
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 Board
of Adjustments and Appeals; and providing for an effective date.
C. Resolution No. 2024-029
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 Code
Enforcement Board; and providing for an effective date.
10. UNFINISHED BUSINESS (Public Comments will be limited to three (3) minutes per
speaker per item after Town Commission initial discussion.)
A. Florida Department of Transportation (FDOT) RRR Project Update
B. Sanitary Sewer Lining Rehabilitation Project Update
11. NEW BUSINESS (Public Comments will be limited to three (3) minutes per speaker
per item after Town Commission initial discussion.)
A. Resolution No. 2024-030
A Resolution of the Town Commission of the Town of Highland Beach, Florida,
correcting a scrivener's error in Resolution No. 2024-026 referencing Exhibit C of
the Adopted Fiscal Year 2024-2025 Schedule of Fees; providing that the Water
System Connection charges are not classified as impact fees, and that the sewer
connection charges are not classified as impact fees, and adding irrigation meter
installation fees set at time and material plus 25%; and providing for an effective
date.
Page 2
Town Commission Meeting Agenda October 01, 2024
3
B. Consideration of the Town of Highland Beach Fire Rescue Department Personnel
Rules and Regulations.
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. ANNOUNCEMENTS
Board Vacancies
Board of Adjustment and Appeals Board One (1) vacancy for a three-
year term
Code Enforcement Board Two (2) vacancies for three-year
terms; One (1) vacancy for an
unexpired ending December 7
2024; and One (1) vacancy for
an unexpired ending May 30, 2025
Meetings and Events
October 08, 2024 1:00 P.M. Special Magistrate Hearing
October 10, 2024 9:30 A.M. Planning Board Regular Meeting
October 14, 2024 Town Hall closed in Observance of Columbus Day
October 15, 2024 1:30 P.M. Town Commission Meeting
Board Action Report
None.
Page 3
Town Commission Meeting Agenda October 01, 2024
4
16. ADJOURNMENT
NOTE: Any person, firm or corporation decides to appeal any decision made by the Town Commission
with respect to any matter considered at this meeting, such person will need to ensure that a verbatim
record including testimony and evidence upon which the appeal is to be based. (State Law requires
the above Notice. Any person desiring a verbatim transcript shall have the responsibility, at his/her own
cost, to arrange for the transcript.) The Town neither provides nor prepares such record.
In accordance with the Americans with Disabilities Act, persons who need accommodation in order to
attend or participate in this meeting should contact Town Hall 561 -278-4548 within a reasonable time
prior to this meeting in order to request such assistanc e.
Page 4
File Attachments for Item:
B. Domestic Violence Month Proclamation
Page 5
Town of Highland Beach, Florida
Proclamation
Declaring the Month of October 2024 as Domestic Violence Awareness Month
WHEREAS, domestic violence impacts millions of people each year and continues to be a major
social crisis and health care concern in our country, state and county, and;
WHEREAS, regardless of race, age, ability, sexual orientation, gender identity, socio-economic
status or citizenship, victims receive the empathy and compassion they need to heal and equitable access to
medical and legal services, counseling, safe housing and supportive services, and those who choose to cause
harm should be held accountable for their actions and provided opportunities for rehabilitation, and;
WHEREAS, the Town of Highland Beach recognizes the vital importance of reducing domestic
violence through prevention and education; and
WHEREAS, Aid to Victims of Domestic Abuse, Inc. (AVDA) facilitates prevention programming in
line with the CDC’s recommendations to prevent domestic violence; and
WHEREAS, the social changes needed to prevent domestic violence are created through education,
community engagement and accountability, and institutional change throughout communities; and
WHEREAS, the Palm Beach County Coordinated Community Response Team builds key
partnerships among justice agencies, health providers, allied professionals, domestic violence centers and victim
services to assist victims and their families and to hold offenders accountable, and;
WHEREAS, in supporting victims of domestic violence, the Town of Highland Beach joins local
programs, state coalitions and national organizations committed to sending a clear message that domestic
violence will not be tolerated.
WHEREAS, the Town of Highland Beach recognizes the vital importance of designating a time
devoted to increasing the general public’s awareness to hold forth a vision of a community free from domestic
violence.
NOW, THEREFORE, I NATASHA MOORE, MAYOR of the Town of Highland Beach,
Florida, on behalf of Town Commission do hereby proclaim the month of October 2024 as:
Domestic Violence Awareness Month
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 1st day of October, 2024.
______________________________________
NATASHA MOORE
MAYOR
Page 6
File Attachments for Item:
A. Barbara Nestle, Chairperson of the Natural Resources Preservation Advisory Board
Page 7
From:Barb Nes
To:Lanelda Gaskins
Cc:Ingrid Allen; Babara Nestle
Subject:Barbara NestleSep2024LetterreLeafblowers.pdf
Date:Sunday, September 1, 2024 3:50:41 PM
Attachments:Barbara NestleSep2024LetterreLeafblowers.pdf
Dear Mrs Gaskins,
Pls find attached my letter re leaf blowers as a public comment on the upcoming Commission
meeting of October 1. Would it be possible to schedule it for that day with this letter?
Thanks a lot, best regards, Barbara Nestle
Page 8
Barbara Nestle
Highland Beach, FL
617 870 1719
nesbarb@gmail.com
September 1, 2024
To Lanelda Gaskins, Townclerk
Natasha Moore, Mayor
David Stern, Vice Mayor
Highland Beach, FL, 33487
Re: Leafblowers
Dear Mrs Gaskins:
I am aware that leaf blowers were discussed on January 1, 2023 and I made a
respective public comment in the Commission meeting on February 21, 2023. No
discussions or decisions have ever since been made, hence I am reaching out again to
the Commission with the following public comment (same as made in February 2023):
Many landscapers and private individuals in Highland Beach use polluting and noisy
gas-powered leaf blowers which have been banned in many villages and towns of our
calibre, all over the USA.
These leaf blowers generate toxic, carcinogenic air pollution and noise that far
exceeds health and safety standards. Using gas powered leaf blowers are very bad
for our health, fragile dunes/barrier island environment, and enjoyment of the benefits of
living in our five miles of paradise. People come to Highland Beach to enjoy our
beautiful nature and beaches and not to be drowned in noise and toxic fumes.
Toxic pollution – Using a two-stroke gas-powered leaf blower for 30 minutes produces
pollutants equal to those generated by driving a Ford F-150 truck 3,900 miles, or as far
as from Texas to Alaska.
Harmful health impacts - Ozone and PM2.5s are well known causes of, or contributors
to, early death, cardiovascular disease, asthma, chronic obstructive pulmonary disease,
lung cancer, premature births, and other serious health conditions. Even short-term
exposure can be harmful.
Damaging noise - Noise from leaf blowers ranges from 102−115 decibels (“dBs”)!
Page 9
For these reasons, Miami Beach is phasing out gas powered leaf blowers, Naples, Palm
Beach, and other towns have implemented leaf blower regulations/bans. Our paradise
of Highland Beach cannot afford to wait longer.
We should as soon as possible discuss a regulation stipulating that no leaf blower may
be operated except one (1) 65 dB(A) electric or battery powered leaf blower per lot
during the permitted hours (TBD), with further specifications about allowed types and
some exemptions for larger lots. After a storm or emergency, the mayor could
temporarily suspend the law.
Violations should end in suspensions for 60 days or longer and shall be subject to
penalty.
I appreciate your attention and look forward to hearing an update in one of the coming
Commission meetings. I am happy to help the town drafting a leafblower ordinance.
Could you pls schedule this topic for your October 1 meeting where I can present
this as a public comment? Many thanks.
Best regards,
Barbara Nestle
Page 10
File Attachments for Item:
A. Resolution No. 2024-027
A Resolution of the Town Commission of the Town of Highland Beach, Florida, ratifying
the selection, appointments, and term of office of members of the Planning Board; and
providing for an effective date.
Page 11
TOWN OF HIGHLAND BEACH
AGENDA MEMORANDUM
MEETING TYPE: Commission Meeting
MEETING DATE October 01, 2024
SUBMITTED BY: Jaclyn DeHart, Deputy Town Clerk
THROUGH Lanelda Gaskins, Town Clerk
SUBJECT: Resolution No. 2024-027
A Resolution of the Town Commission of the Town of Highland Beach,
Florida, ratifying the selection, appointments, and term of office of
members of the Planning Board; and providing for an effective date.
SUMMARY:
Consideration of Resolution No. 2024-027 ratifying the selection, appointments, and term of
office of a member of the Planning Board Appeals; and providing for an effective date.
In September of 2021 the Town Commission appointed Mr. Powell to the Planning Board to
serve a three-year term that ends September 21, 2024, and is seeking to serve a full three-
year term ending October 01, 2027.
To conclude, Mr. Powell has met the qualifications for reappointment that a person shall be a
resident of the Town domiciled within the corporate limits and has been a registered voter of
Highland Beach for a year at least one year prior to reappointment. These results were
corroborated by records from the Palm Beach County Property Appraiser and the Palm Beach
County Supervisor of Elections Offices websites.
FISCAL IMPACT:
N/A
ATTACHMENTS:
David Powell Application
Resolution No. 2024-027
RECOMMENDATION:
With the Commission’s consideration, Staff recommends the adoption of Resolution No. 2024-
027 for the applicants to serve a term as outlined in the resolution.
Page 12
RESOLUTION NO. 2024-027
A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF
HIGHLAND BEACH, FLORIDA, RATIFYING THE SELECTION,
APPOINTMENTS AND TERM OF OFFICE OF MEMBERS OF THE
PLANNING BOARD; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 20, Article II, Sec. 20-26 of the Town’s Code of Ordinances
establishes the Planning Board and governs the membership, qualification, function, and rules of
the Planning Board; and
WHEREAS, these provisions of the Code establish the selection, appointment, and terms
of office of members of the Planning Board; and
WHEREAS, on September 21, 2021, David Powell was appointed by Town Commission
to fill a three-year term ending September 21, 2024, and is eligible for reappointment for a three-
year term; and
WHEREAS, pursuant to Sec. 2-99(1)(a) of the Town’s Code of Ordinances, the
chairperson of each board shall interview applicants for the board and provide a recommendation
to the Town Commission; and
WHEREAS, the chairperson of the Planning Board interviewed the applicant and
recommends that the Town Commission appoint one (1) applicant to the Board; and
WHEREAS, Town residents interested in serving on or continuing to serve on the
Planning Board have submitted a board application for the Town Commission’s consideration.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF THE
TOWN OF HIGHLAND BEACH, FLORIDA, THAT:
Page 13
Resolution No. 2024-027
2
Section 1. The foregoing “WHEREAS” clauses are true and correct and hereby ratified
and confirmed by the Town Commission.
Section 2. Consistent with the Town’s Code of Ordinances, one (1) member has been
selected by the Town Commission to serve on the Planning Board for a three-year term as follows.
Board Member David Powel Term ends on October 01, 2027
Section 3. This Resolution shall become effective upon adoption.
DONE AND ADOPTED by the Town Commission of the Town of Highland Beach, Florida,
this 1st day of October 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 14
Page 15
Page 16
Page 17
Page 18
File Attachments for Item:
B. Resolution No. 2024-028
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 Board of Adjustments and Appeals; and providing
for an effective date.
Page 19
TOWN OF HIGHLAND BEACH
AGENDA MEMORANDUM
MEETING TYPE: Commission Meeting
MEETING DATE October 01, 2024
SUBMITTED BY: Jaclyn DeHart, Deputy Town Clerk
THROUGH Lanelda Gaskins, Town Clerk
SUBJECT: Resolution No. 2024-028
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 Board of Adjustments and Appeals; and providing for an
effective date.
SUMMARY:
Consideration of Resolution No. 2024-028 ratifying the selection, appointments, and term of
office of a member of the Board of Adjustments and Appeals; and providing for an effective
date.
In September of 2021, the Town Commission appointed Mr. Leinson to the Board of
Adjustments and Appeals to serve a three-year term ending on September 21, 2024, and is
seeking to serve a three-year term ending October 01, 2027.
In June of 2024, the Town Commission appointed Mr. Gordon to the Board of Adjustments
and Appeals to serve an unexpired term ending on September 21, 2024, and is seeking to
serve a three-year term ending October 01, 2027.
To conclude, Mr. Leinson and Mr. Gordon have met the qualifications for reappointment that
a person shall be a resident of the Town domiciled within the corporate limits and ha ve been
registered voters of Highland Beach for a year at least one year prior to reappointment. These
results were corroborated by records from the Palm Beach County Property Appraiser and the
Palm Beach County Supervisor of Elections Offices websites.
FISCAL IMPACT:
N/A
ATTACHMENTS:
Joel Leinson Application
Jeffrey Gordon Application
Resolution No. 2024-028
RECOMMENDATION:
With the Commission’s consideration, Staff recommends the adoption of Resolution No. 2024-
028 for the applicants to serve a term as outlined in the resolution.
Page 20
RESOLUTION NO. 2024-028
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
BOARD OF ADJUSTMENT AND APPEALS BOARD; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 20, Article III, Sec. 20-46 of the Town’s Code of Ordinances
establishes the Board of Adjustment and Appeals Board and governs the membership,
qualification, function, and rules of the Board of Adjustment and Appeals Board; and
WHEREAS, these provisions of the Code establish the selection, appointment, and terms
of office of members of the Board of Adjustment and Appeals Board; and
WHEREAS, on September 21, 2021, Joel Leinson was appointed by Town Commission
to fill a three-year term ending September 21, 2024, and is eligible for reappointment for a three-
year term; and
WHEREAS, on June 05, 2024, Jeffrey Gordon was appointed by Town Commission to
fill an un-expired ending September 21, 2024, and is eligible for reappointment for a three-year
term; and
WHEREAS, pursuant to Sec. 2-99(1)(a) of the Town’s Code of Ordinances, the
chairperson of each board shall interview applicants for the board and provide a recommendation
to the Town Commission; and
WHEREAS, the chairperson of the Board of Adjustment and Appeals Board interviewed
the applicants and recommends that the Town Commission appoint two (2) applicants to the
Board; and
Page 21
Resolution No. 2024-028
2
WHEREAS, Town residents interested in serving on or continuing to serve on the Board
of Adjustment and Appeals Board have submitted a board application for the Town Commission’s
consideration.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF THE
TOWN OF HIGHLAND BEACH, FLORIDA, THAT:
Section 1. The foregoing “WHEREAS” clauses are true and correct and hereby ratified
and confirmed by the Town Commission.
Section 2. Consistent with the Town’s Code of Ordinances, the Town Commission has
selected two (2) members to serve on the Board of Adjustment and Appeal Board for a three-year
term as follows:
Board Member Joel Leinson Term ends on October 01, 2027
Board Member Jeffrey Gordon Term ends on October 01, 2027
Section 3. This Resolution shall become effective upon adoption.
Page 22
Resolution No. 2024-028
3
DONE AND ADOPTED by the Town Commission of the Town of Highland Beach, Florida,
this 01sh day of October 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 Goldberg
Page 23
Page 24
Page 25
Page 26
Page 27
File Attachments for Item:
C. Resolution No. 2024-029
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 Code Enforcement Board; and providing for an
effective date.
Page 28
TOWN OF HIGHLAND BEACH
AGENDA MEMORANDUM
MEETING TYPE: Commission Meeting
MEETING DATE October 01, 2024
SUBMITTED BY: Jaclyn DeHart, Deputy Town Clerk
THROUGH Lanelda Gaskins, Town Clerk
SUBJECT: Resolution No. 2024-029
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 Code Enforcement Board; and providing for an effective
date.
SUMMARY:
Consideration of Resolution No. 2024-029 ratifying the selection, appointments, and term of
office of a member of the Code Enforcement Board; and providing for an effective date.
In September of 2021, the Town Commission appointed Mr. Lasorsa to the Code Enforcement
Board to serve a three-year term ending on September 21, 2024, and is seeking to serve a
three-year term ending October 01, 2027.
In September of 2021, the Town Commission appointed Mr. Pe rilman to the Code
Enforcement Board to serve a three-year term ending on September 21, 2024, and is seeking
to serve a three-year term ending October 01, 2027.
In November of 2023, the Town Commission appointed Mr. Kaufman to the Code Enforcement
Board to serve an unexpired term ending on September 21, 2024, and is seeing to serve a
three-year term ending October 01, 2027.
To conclude, Mr. Lasorsa, Mr. Perilman, and Mr. Kaufman have met the qualifications for
reappointment that a person shall be a resident of the Town domiciled within the corporate
limits and have been registered voters of Highland Beach for a year at least one year prior to
reappointment. These results were corroborated by records from the Palm Beach County
Property Appraiser and the Palm Beach County Supervisor of Elections Offices websites.
FISCAL IMPACT:
N/A
ATTACHMENTS:
Robert Lasorsa Application
Bryan Perilman Application
David Kaufman Application
Resolution No. 2024-029
RECOMMENDATION: Page 29
With the Commission’s consideration, Staff recommends the adoption of Resolution No. 2024-
029 for the applicants to serve a term as outlined in the resolution.
Page 30
RESOLUTION NO. 2024-029
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
CODE ENFORCEMENT BOARD; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Chapter 2, Article V, Division 2, Sec. 2-113 of the Town’s Code of
Ordinances establishes the Code Enforcement Board and governs the membership, qualification,
function, and rules of the Code Enforcement Board; and
WHEREAS, these provisions of the Code establish the selection, appointment, and terms
of office of members of the Code Enforcement Board; and
WHEREAS, on September 21, 2021, Robert Lasorsa was appointed by Town Commission
to fill a three-year term ending September 21, 2024, and is eligible for reappointment for a three-
year term; and
WHEREAS, on September 21, 2021, Bryan Perilman was appointed by Town
Commission to fill a three-year term ending September 21, 2024, and is eligible for reappointment
for a three-year term; and
WHEREAS, on November 21, 2023, David Kaufman was appointed by Town
Commission to fill an un-expired ending September 21, 2024, and is eligible for reappointment for
a three-year term; and
WHEREAS, pursuant to Sec. 2-99(1)(a) of the Town’s Code of Ordinances, the
chairperson of each board shall interview applicants for the board and provide a recommendation
to the Town Commission; and
Page 31
Resolution No. 2024-029
2
WHEREAS, the chairperson of the Code Enforcement Board previously interviewed the
applicants and recommended that the Town Commission appoint three (3) applicants to the Board;
and
WHEREAS, Town residents interested in serving on or continuing to serve on the Code
Enforcement Board have submitted a board application for the Town Commission’s consideration.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF THE
TOWN OF HIGHLAND BEACH, FLORIDA, THAT:
Section 1. The foregoing “WHEREAS” clauses are true and correct and hereby ratified
and confirmed by the Town Commission.
Section 2. Consistent with the Town’s Code of Ordinances, the Town Commission has
selected three (3) members to serve on the Code Enforcement Board for a three-year term as
follows:
Board Member Robert Lasorsa Term ends on October 01, 2027
Board Member Bryan Perilman Term ends on October 01, 2027
Board Member David Kaufman Term ends on October 01, 2027
Section 3. This Resolution shall become effective upon adoption.
Page 32
Resolution No. 2024-029
3
DONE AND ADOPTED by the Town Commission of the Town of Highland Beach, Florida,
this 01sh day of October 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 Goldberg
Page 33
Page 34
Page 35
Page 36
Page 37
Page 38
Page 39
File Attachments for Item:
A. Resolution No. 2024-030
A Resolution of the Town Commission of the Town of Highland Beach, Florida,
correcting a scrivener's error in Resolution No. 2024-026 referencing Exhibit C of the
Adopted Fiscal Year 2024-2025 Schedule of Fees; providing that the Water System
Connection charges are not classified as impact fees, and that the sewer connection
charges are not classified as impact fees, and adding irrigation meter installation fees
set at time and material plus 25%; and providing for an effective date.
Page 40
RESOLUTION NO. 2024-030
A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF
HIGHLAND BEACH, FLORIDA, CORRECTING A SCRIVENER’S ERROR IN
RESOLUTION NO. 2024-026 REFERENCING EXHIBIT C OF THE ADOPTED
FISCAL YEAR 2024-2025 SCHEDULE OF FEES; PROVIDING THAT THE
WATER SYSTEM CONNECTION CHARGES ARE NOT CLASSIFIED AS
IMPACT FEES, AND THAT THE SEWER CONNECTION CHARGES ARE
NOT CLASSIFIED AS IMPACT FEES, AND ADDING IRRIGATION METER
INSTALLATION FEES SET AT TIME AND MATERIAL PLUS 25%; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Town held its second budget public hearing on September 18,
2024 and adopted the Resolution for the Schedule of Fees for Fiscal Year 2024-2025.
WHEREAS, a scrivener’s error included the classification of Water System
Connection Charges as Impact Fees, and the classification of Sewer Connection Charges
as Impact Fees. The phrase “impact fees” has been redacted as it does not apply to the
standard connection charges.
WHEREAS, the addition of Irrigation Meter Installation Fees is required and set
at cost set at Time and Material Plus 25%.
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 Water and Sewer Schedule
of Fees,” which are attached as Exhibit “C” 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.
Page 41
Resolution No. 2024-030
2
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 1st day of October 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
EXHIBIT “C”
TOWN OF HIGHLAND BEACH
SCHEDULE OF FEES
EFFECTIVE 10/01/2024 – 09/30/2025
Page 42
Resolution No. 2024-030
3
I. 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
II. 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
III. PRIVATE FIRE PROTECTION
a. Fire Hydrants $25.66 each per
month
b. Standpipes/Sprinkler System $25.66 each per
Page 43
Resolution No. 2024-030
4
month
IV. 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.
V. WATER SYSTEM CONNECTION CHARGES (IMPACT FEES)
a. New Dwellings
i. Connection Charge $3,000 per dwelling unit
Page 44
Resolution No. 2024-030
5
ii. Meter Installation Fees Time and Material plus 25%
b. Irrigation
i. Meter Installation Fees Time and Material plus 25%
VI. SEWER SYSTEM CONNECTION CHARGES (IMPACT FEES)
a. New Dwellings
i. Connection Charge $1,000 per dwelling unit
VII. 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 45
File Attachments for Item:
B. Consideration of the Town of Highland Beach Fire Rescue Department Personnel Rules and
Regulations.
Page 46
TOWN OF HIGHLAND BEACH
AGENDA MEMORANDUM
MEETING TYPE: Town Commission Meeting
MEETING DATE 10/01/2024
SUBMITTED BY: Marshall Labadie, Town Manager
SUBJECT: Consideration of the Town of Highland Beach Fire Rescue Department
Personnel Rules and Regulations.
SUMMARY:
The Fire Rescue Department’s operations require a unique set of personnel rules and
regulations that differ from those outlined in the Town’s general Personnel Rules and
Regulations. Due to the specialized nature of the department's functions, particularly in the
areas of scheduling, leave accrual, and overtime, it has become necessary to adopt distinct
regulations to ensure the department operates efficiently and in compliance with relevant labor
laws.
The Fire Rescue Administrative Team, in collaboration with the Human Resources Manager,
the Labor Attorney, and the Town Manager, has developed a comprehensive set of Personnel
Rules and Regulations specifically tailored for the Fire Rescue Department. Some provisions
mirror those of the Town Personnel Rules and Regulations to ensure optimal consistency
amongst all operations of the town.
These rules address the following key areas:
Holiday Policies: Provisions for holiday observance and compensation are structured
to accommodate 24-hour shift operations.
Leave Accumulation: The rules outline how vacation, sick leave, and other forms of
leave will accumulate differently from standard town employees due to the Fire Rescue
Department’s shift structure.
Shift Structure: Fire Rescue personnel work 24-hour shifts followed by 72 hours off
(24/72). This operational schedule requires specific rules for shift exchanges, time off
requests, and coverage requirements.
Time Off Request Process: A streamlined process for requesting time off, designed to
maintain adequate staffing levels while ensuring fairness for personnel.
Page 47
Overtime Accumulation: Overtime rules that align with the unique operational needs of
the department, ensuring compliance with Fair Labor Standards Act (FLSA) provisio ns
for public safety personnel.
Other Specific Provisions: Additional policies that address aspects of fire rescue work
not covered by the Town's general Personnel Rules and Regulations, such as
specialized training requirements, on-call status, disability and emergency response
protocols.
These regulations have been developed with input from key stakeholders to ensure they meet
both operational and legal standards while providing clarity and fairness to Fire Rescue
personnel. The adoption of these rules is essential to address the unique demands of the Fire
Rescue Department, which cannot be effectively governed by the current Town Personnel
Rules and Regulations.
FISCAL IMPACT:
N/A
ATTACHMENTS:
Town of Highland Beach Fire Rescue Department Personnel Rules and Regulations
RECOMMENDATION:
Recommend Town Commission approval of the Fire Rescue Department Personnel Rules
and Regulations as presented, allowing for their immediate implementation. This will ensure
that the department's operations remain compliant, efficient, and reflective of the needs of its
personnel.
Page 48
TOWN OF HIGHLAND BEACH
FIRE DEPARTMENT
PERSONNEL RULES AND
REGULATIONS
Adopted October 1, 2024
Town of Highland Beach Fire
Department Personnel Rules
and Regulations
Page 49
1
Town of Highland Beach Fire Department
Personnel Rules and Regulations Effective:
Table of Contents Contents
Table of Contents .............................................................................................................................................. 1
ARTICLE I: FIRE DEPARTMENT POLICIES ............................................................................................................ 2
SECTION 1: PURPOSE ..................................................................................................................................... 2
SECTION 2: ANNUAL LEAVE ............................................................................................................................. 2
SECTION 3: SICK LEAVE ................................................................................................................................... 3
SECTION 4: DISABILITY LEAVE ......................................................................................................................... 4
SECTION 5: BEREAVEMENT LEAVE .................................................................................................................. 6
SECTION 6: EXCHANGE OF TIME ..................................................................................................................... 7
SECTION 7: CALL BACK .................................................................................................................................... 8
SECTION 8: PROBATIONARY EMPLOYEES ....................................................................................................... 8
SECTION 9: REASSIGNMENTS .......................................................................................................................... 8
SECTION 10: WORK IN HIGHER CLASSIFICATION ............................................................................................ 9
SECTION 11: EDUCATION INCENTIVE .............................................................................................................. 9
SECTION 12: LONGEVITY PAY PROGRAM ........................................................................................................ 9
SECTION 13: HOLIDAYS FOR FIRE DEPARTMENT PERSONNEL ...................................................................... 10
SECTION 14: OVERTIME ................................................................................................................................ 11
SECTION 15: COURT TIME ............................................................................................................................. 12
SECTION 16 UNIFORM MAINTENANCE ALLOWANCE ................................................................................... 12
SECTION 17: TUITION REIMBURSEMENT ...................................................................................................... 12
SECTION 18: TRAINING ................................................................................................................................. 13
SECTION 19: CIVIL SUITS ............................................................................................................................... 13
SECTION 20: DISEASES AND IMMUNIZATION ............................................................................................... 14
SECTION 21: MANAGEMENT RIGHTS ............................................................................................................ 15
SECTION 22: SENIORITY LISTS ....................................................................................................................... 15
SECTION 23: WORKING CONDITIONS ......................................................................................................... 166
Page 50
2
Town of Highland Beach Fire Department
Personnel Rules and Regulations Effective:
ARTICLE I: FIRE DEPARTMENT POLICIES
SECTION 1: PURPOSE
The Fire Department Policy Manual aims to establish a comprehensive framework of rules and
regulations that ensure the safety, efficiency, and professionalism of all department members.
SECTION 2: ANNUAL LEAVE
SECTION 1: Each shift will schedule annual leave throughout the year to equalize shift strength. To
facilitate the selection of annual leave, the Fire Department will post the Fire Department date of hire
seniority lists by October 1st. Annual leave will be chosen by the last day of January each year. The Fire
Chief will establish Annual leave periods.
SECTION 2: Employees shall accrue annual leave for any month in which the employee was in a paid
status for at least three-quarters of the employee's assigned schedule. The amount of leave to be
credited shall be in accordance with the following schedule:
42-Hour Shift Employees
0 through 3 full years 96 hours per year
More than 3, but less than 10 full years 144 hours per year
10 full years and over 192 hours per year
SECTION 3: Paid annual leave may not be taken during the initial twelve (12) months of the probationary
period.
SECTION 4: Generally, 42-hour employees shall not accumulate more than 216 hours of annual leave in
his/her vacation account. However, the Town Manager may allow an employee to accumulate more
than 216 hours of annual leave, provided the employee plans with his/her department head to use the
overage by the end of the fiscal year. Accruals in excess of 216 hours at the end of the fiscal year shall
be forfeited by the employee.
SECTION 6: Preferences for vacation scheduling should be based on Department Seniority.
SECTION 7: All annual leave, compensatory, and holiday leave time will be scheduled subject to the
following:
1. Up to 1 Captain/Step-up Captain may be off per shift.
2. Up to 1 Driver/Step-up Driver may be off per shift.
3. Up to 2 firefighters may be off per shift.
No more than two (2) total shift personnel are allowed off per shift. Upon written approval of the Fire
Chief, the limits above may be extended. At the Fire Chief’s discretion, an employee may request and
be granted annual leave more than the position limitations provided herein if the granting of such
Page 51
3
Town of Highland Beach Fire Department
Personnel Rules and Regulations Effective:
request will not cause overtime and such request is made on the same day for which the annual leave
is requested.
All employees must identify in advance the type of leave to be used when they contact the appropriate
department personnel to provide notification of the leave unless they are on approved leave under the
Family Medical Leave Act (FMLA).
SECTION 8: Any non-probationary employee who has worked for the Town for at least 12 consecutive
calendar months, leaving the Town in good standing, shall be compensated for vacation leave earned
and unused at the date of separation, up to a maximum of 25 vacation days (216 hours), at the
employee's current pay rate. All vacation leave accrued and unused more than 25 vacation days is
forfeited.
SECTION 9: To ensure adequate staffing and operational efficiency, employees must submit leave
requests that meet all the criteria in Sections 7 and 8 no less than 72 hours before their next shift. Leave
requests submitted less than 72 hours before the next scheduled shift may be denied depending on
personnel availability and the department's needs.
SECTION 10: First picks will be a minimum of two (2) shifts and a maximum of eight (8) shifts. Second
pick will be a minimum of one (1) shift and a maximum of four (4) shifts. Third pick will be a minimum
of one (1) shift and a maximum of four (4) shifts. Employees may skip their pick with no effect on future
pick order. The total maximum number of consecutive shifts off is limited to eight shifts (192 total
hours); this includes any combination of annual leave, personal holiday leave, and/or exchange of time.
SECTION 3: SICK LEAVE
SECTION 1: Sick leave shall be granted upon approval of the Fire Chief or designee to any employee
contracting or incurring any illness or disability which renders such employee unable to perform the
duties of her/his employment.
SECTION 2: Employees shall verbally communicate with the Fire Chief/Designee no less than one (1)
hour prior to the beginning of the shift and shall state the nature of the illness and the expected period
of absence. The employee shall provide a telephone or cell phone number where they may be reached
at all times. When illness or disability occurs within one hour prior to the beginning of the shift or at
any time during the shift, the employee shall orally notify the Assistant Chief of Operations as soon as
possible and in writing upon return to work. Voicemail messages shall not be sufficient to satisfy the
requirements of this Section.
SECTION 3: Forty-two (42) hour shift employees shall earn 8.4 hours of sick leave per calendar month
(100.8) hours per calendar year from the date of employment. Sick leave shall be charged based on the
actual hours used. The maximum allowed accrual of Sick Leave shall be 1,120 hours.
SECTION 4: No sick leave shall be allowed where sickness is feigned in the opinion of a medical doctor
selected by the Town, where sickness is the result of intemperance or is otherwise self-inflicted, or
where sickness continues because of a member's failure to fully cooperate with medical advice and/or
Page 52
4
Town of Highland Beach Fire Department
Personnel Rules and Regulations Effective:
corrective therapy. Sick leave usage will not be allowed for injuries or illnesses contracted while
performing a second job.
SECTION 5: On September 1st of each year, and subject to the availability of budgeted funds, employees
who have been employed by the Town for a minimum of one (1) year and have a minimum of 96
hours accumulated unused Sick Leave will be eligible to participate in a “sick leave incentive program,”
provided the employee has not been disciplined for tardiness or absenteeism during the twelve-month
period immediately preceding September 1st. The employee may then elect to convert up to 48 hours
of accumulated but unused sick leave to either vacation leave or additional pay on the employee’s
next regular paycheck.
SECTION 7: Forty-two (42) hour employees may use up to 48 hours of leave due to sickness of a member
of the employee’s immediate family. For the purposes of this provision, immediate family will consist
of the employee's husband or wife, or dependent children, or parents, or the employee's domestic
partner (as defined in the Town's Personnel Rules and Regulations) or his or her dependent children.
Family sick leave in excess of the forty-eight (48) hour limitation will be without pay. However, an
employee who has utilized the maximum amount of family sick leave time may be permitted to use
annual leave in lieu of family sick leave at the Fire chief's discretion.
SECTION 8: An employee on approved Family Medical Leave (FMLA) leave will utilize accrued sick leave
during the period of the approved leave. After an employee has exhausted all accrued sick leave, the
employee will use accrued annual leave for the remainder of the leave period. In the event the
employee has exhausted all accrued leave, then the employee will be placed on a leave without pay
(LWOP) status for the remainder of the leave period.
SECTION 9: Upon resignation, retirement or permanent disability, employees who have a minimum of
two (2) years of continuous employment with the Town, shall be paid for the accrued, unused sick
time balance as follows:
With 2-5 years of service 30% conversion, not to exceed 560 paid hours.
With 5-10 years of service 40% conversion, not to exceed 560 paid hours.
With over 10 years of service 50% conversion, not to exceed 560 paid hours.
Employees who are involuntarily separated from employment with the Town due to misconduct, budget
cuts, or general layoffs are not eligible for sick leave payment.
SECTION 4: WORKERS’ COMPENSATION AND DISABILITY LEAVE
SECTION 1:
Non-Work Related: An employee who is injured or is disabled due to illness and is confined to a hospital
is eligible for Short Term Disability benefits on the first day of said injury or illness.
An employee who is injured or disabled due to illness and is not confined to a hospital will be eligible
for Short Term Disability benefits on the eighth day following the commencement of said injury/illness.
In this case an employee may receive full pay for the first 42 hours by deducting it from his /her accrued
Page 53
5
Town of Highland Beach Fire Department
Personnel Rules and Regulations Effective:
sick time if such is available; if a full 42 hours sick time is not available, the difference may be deducted
from accrued vacation time, if available.
Work Related: An employee who suffers a work-related injury or illness and is covered by workers’
compensation shall promptly report the injury to Human Resources within 24 hours. The first seven (7)
days of workers’ compensation are unpaid unless the employee is unable to work due to the work-
related injury or illness for at least 21 days. In this case an employee may receive full pay for the first
42 hours by deducting it from his /her accrued sick time if such is available; if a full 42 hours sick time
is not available, the difference may be deducted from accrued vacation time, if available.
In either case (work related or non-work related), an employee may receive the difference
(approximately 33-40% of salary, less the Social Security effect) between what Short Term Disability or
Workers’ Compensation benefits pay (approximately 60-67% of salary) and their current full base salary
by deducting it from his/her accrued sick time, if available; if sick time is not available, then vacation
time, if available, may be deducted. This will continue until all accrued time is depleted.
Sick and vacation time will continue to accrue at the employee’s normal rate until such accrued leave
benefits are exhausted.
The above policy will apply to all employees of the Town of Highland Beach, regardless of
department/position.
The Town will make a good-faith effort to assign a disabled employee to work in the department.
Assignments to light-duty positions due to job-related temporary disabilities will be reviewed on a case-
by-case basis. Employees must accept light duty assignments if they are able to perform the job or lose
the benefits of this policy. When an employee has been on light duty status for more than fifty (50%)
percent of the rating period, the employee will be evaluated according to the job description of a
position that most accurately fits the light duty position, as determined by the Human Resources
Director. It is understood that an assignment to other work for the period of temporary disability shall
be considered only as a temporary reassignment with full retention benefits under this policy and shall
not be considered a reclassification for purposes of pension accrual.
SECTION 2: If 90 consecutive days have elapsed from the date of injury to the time an employee seeks
to return to work following a period of physical disability, the employee, prior to resuming full duties,
will be required to pass a fitness for duty examination by a physician selected and paid for by the Town.
If the employee passes the test, s/he shall return to work or lose the benefits of this policy.
Section 3: Employees who used accrued paid leave to cover the first 7 days of absence for a workers’
compensation-covered injury or illness that lasts more than 21 days shall be obligated to reimburse the
Town for the amount of sick and/or vacation leave used for which workers’ compensation later paid
for the first 7 days. In other words, employees cannot use paid leave for the first 7 days and receive
payment from workers' compensation for the same period of leave and must reimburse the Town when
such reimbursement is received.
Page 54
6
Town of Highland Beach Fire Department
Personnel Rules and Regulations Effective:
SECTION 4: No benefits under this policy shall be allowed where disability is feigned in the opinion of a
physician approved by the Town in consultation with the employee's principal treating physician, where
disability is self-inflicted, or where disability continues as a result of a member's failure to fully
cooperate with medical advice and/or corrective therapy, or where the employee fails to provide the
Town information required on the Disability Leave Tracking Form. In the case of a disagreement
between the town-approved physician and the employee's principal treating physician, a third
physician shall be selected with the approval of the other two physicians. The decision of the third
physician shall be binding on the issue presented.
SECTION 5: Employees shall actively seek Worker's Compensation, Social Security, and other benefits.
No employee shall receive pay under this provision when the employee fails to actively seek Worker's
Compensation, Social Security, and other benefits. Nor shall an employee receive benefits under this
policy after the employee is judged permanently disabled by the Florida Retirement System (FRS) or by
a mutually agreed upon physician. Failure to actively seek benefits includes deliberately delaying or
canceling hearing dates, medical appointments, or independent evaluations scheduled by the FRS,
unless for good and sufficient reasons, such as, verifiable emergencies or documented prior
commitments.
SECTION 7: If a Town-approved physician releases an employee to return to full duty and works for a
continuous period of six (6) months without reoccurrence of the same injury, re-injury following the six
(6) month period will be treated as a new injury and the 18-month disability leave period will begin
from the new date.
SECTION 9: At ninety (90) day intervals, the Town may require an employee to undergo a fitness for
duty examination to determine if an employee is able to perform the essential functions of his/her job;
to determine what reasonable accommodation, if any, may be required for the employee; determine
when an employee is expected to return to his/her regular job; and to make other appropriate
determinations as needed to implement this Article. If an employee fails to cooperate with obtaining
medical treatment or fails to submit to a fitness for duty evaluation as required by this Section, the
employee shall not be eligible for benefits under this Policy.
SECTION 5: BEREAVEMENT LEAVE
SECTION 1: In the event of the death of the mother, father, foster parent, stepparent, legal guardian,
brother, sister, husband, wife, son, daughter, foster child, stepchild, grandparent, spouse's
grandparent, grandchild, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law,
sister-in-law of an employee, or domestic partner of an employee (as defined in the Town's Personnel
Rules and Regulations) or of a domestic partner's child(ren), parents, siblings or grandparents, such
employee shall be entitled to funeral leave for the purpose of arranging for, and attending said relative's
funeral for a period of time not to exceed two (2) consecutive shifts.
SECTION 2: An employee on funeral leave provided in this policy shall be paid for such hours, which the
employee would normally be scheduled to work.
SECTION 3: The Town reserves the right to require documentation supporting compliance with the
provisions of this policy after the employee returns to work.
Page 55
7
Town of Highland Beach Fire Department
Personnel Rules and Regulations Effective:
SECTION 4: The provisions of this policy shall not apply to employees who fail to contact the employer
prior to taking such leave or as soon as possible thereafter.
SECTION 6: EXCHANGE OF TIME
SECTION 1: Employees may exchange time with another employee under the following conditions:
1. Exchange of rank for rank, or
2. The exchange is with another employee who is able to step up to the position with whom s/he is
making the exchange.
3. Exchanges must be with the approval of the Fire Chief or the Fire Chief’s designee, provided that
probationary employees may not exchange time if it would cause them to miss a training session.
In no event will an exchange of time result in the employee working in excess of 54 hours in a 72-hour
period. In no event will an exchange(s) of time result in more than 192 hours of consecutive absence
from the employee's assigned shift. The total maximum number of consecutive shifts off is limited to
eight shifts (192 total hours); this includes any combination of annual leave, personal holiday leave,
and/or exchange of time.
SECTION 2: Exchange of time shall be requested through the Department's electronic system at least
one hour in advance. If an exchange of time is within a 72-hour window from the date of the exchange,
the employee will contact the Operations Chief or designee (1) hour before start of shift for approval
of the exchange. All exchange of time shall be subject to the following conditions:
a) An exchange shall not interfere with a scheduled training session when such is determined by the
Town, at its sole discretion, to be beneficial. Training deemed essential by the Fire Chief and missed
due to the use of exchange of time in association with a scheduled vacation slot, shall be made up at
the employee's time and expense.
b) Such an exchange does not create inefficiencies in the operations of the department.
c) The electronic submission of an exchange of time request releases the Town from any payment of
overtime or compensatory time as a result of the exchange of time.
d) Responsibility for the work is with the employee who has agreed to work for the assigned employee.
If the employee agreeing to work (hereinafter "agreeing employee") fails to report or leaves early due
to illness, sick leave will be charged to the agreeing employee. If the agreeing employee fails to report
for reason(s) other than illness, annual leave will be charged; if the agreeing employee has insufficient
annual leave, sick leave will be charged. If the agreeing employee does not have sufficient annual
and/or sick leave accrued, wages will be deducted to make up the difference. In the event the absence
of the agreeing employee for reasons other than illness creates the need for overtime, the charge to
her/his sick leave, annual leave, or wages shall be at the overtime rate.
e) Probationary employees (new hires) will be permitted to exchange time in an amount not to exceed
144 hours. Days exchanged will extend the probationary period by one duty day for each day exchanged
unless repayment is made during the probationary period.
f) Probationary employees (promotional) who exchange time during probationary period will have the
probationary period extended by one duty day for each day exchanged unless repayment is made
during the probationary period.
g) In the event an exchange of time request is submitted for the purpose of engaging in other
employment or business activities, the requesting employee must supply the reason for the need and
Page 56
8
Town of Highland Beach Fire Department
Personnel Rules and Regulations Effective:
the Fire Chief or her/his designee must specifically approve of the request before the exchange is
allowed.
h) No employee may exchange time for cash or other considerations.
SECTION 3: All requests for exchange of time shall be responded to electronically.
SECTION 4: All exchanges of time are made at the sole risk of the employee, with the Town being free
of any and all liability. An exchange made between employees in different ranks shall not cause, as a
direct result of the exchange, an employee working for another employee in a higher capacity to be
paid as a result of an exchange between those employees shall not be paid Work in Higher Classification
pay when working for that Officer on the exchange. However, an employee working on an exchange
who is assigned to act in a higher capacity at the discretion of the Town shall receive Work in Higher
Classification pay irrespective of being on an exchange.
SECTION 5: Personnel may be released from duty prior to the end of their shift if:
(1) A Station Officer approves the early release.
(2) The exchange is entered into voluntarily between the two involved employees.
(3) The exchange is for one (1) hour or less. (A longer exchange must be approved as provided above).
SECTION 7: CALL BACK
SECTION 1: 42 Hour Shift Employees who have left work and are directed to return to work more than
one hour after completing their scheduled shifts or called in more than one hour before their scheduled
shift starts shall be paid a minimum of three (3) hours, except in those circumstances described in
section 2.
SECTION 2: This provision shall not apply in those instances when the employee is called back to work
to rectify his/ her own error or omission which cannot wait until the employee’s next shift. In such
instances, the employee shall be compensated for the hours worked at the appropriate rate.
SECTION 8: PROBATIONARY EMPLOYEES
SECTION 1: All new employees shall remain on probationary status in their classification for 365
calendar days.
SECTION 2: Probationary employees shall enjoy the economic benefits herein involving pay, monetary
fringe benefits, and working conditions under this Town policy. This policy shall not be deemed to
provide rights of job protection to probationary employees.
SECTION 3: Time spent on leave without pay, light duty assignment, disability leave, or military leave
(excluding annual reserve obligations) of 30 calendar days or more shall not count towards fulfillment
of probationary status.
SECTION 9: REASSIGNMENTS
SECTION 1: Employees assigned to perform Paramedic duties may, at the discretion of the Fire Chief, be
Page 57
9
Town of Highland Beach Fire Department
Personnel Rules and Regulations Effective:
temporarily reassigned to perform other duties for a period not to exceed ninety (90) calendar days per
fiscal year at their current rate of pay.
SECTION 10: WORK IN HIGHER CLASSIFICATION
SECTION 1: When an employee is temporarily assigned by the Fire Chief or her/his designee to a higher
classification within the unit, the employee shall for the period worked at a rate of:
Firefighter/Driver to Captain 5%
Firefighter to Firefighter/Driver 5%
SECTION 2: Higher classification assignments shall be at the discretion of the Fire Chief or her/his
designee and shall be on a rotation basis among qualified employees whenever practical and thereafter,
on a rotation basis, whenever practical.
SECTION 3: Pay under this policy shall be paid in the paycheck relating to the dates the higher
classification assignment was performed.
SECTION 11: EDUCATION INCENTIVE
The Town will pay an education incentive to existing full-time non-probationary employees.
The education incentive is as follows:
If a covered employee has, or achieves during employment, an associate degree, that employee
will receive an additional $2,000 in annual compensation, which shall be paid through the Town’s
normal payroll process in equal installments each pay period throughout the year, subject to all
applicable withholdings and deductions.
If a covered employee has or achieves a bachelor’s degree during employment, that employee will
receive an additional $4,000 in annual compensation. This compensation shall be paid through the
Town’s normal payroll process in equal installments each pay period throughout the year, subject to all
applicable withholdings and deductions.
The Town will pay for only the highest degree obtained. Incentive pay may not be stacked for multiple
degrees. Employees must present to the Town, through the Fire Chief or designee, a copy of their
degree, along with a certified transcript of classes taken that reflects the completion of the degree.
The education incentive will only be paid if the degree has been earned at an institution recognized by
the Council for Higher Education Accreditation and if it relates to the position held by the employee.
SECTION 12: LONGEVITY PAY PROGRAM
The Program provides employees who have reached a certain number of years of employment
in the Town and who are employed on the date of payment with a lump sum payment based
on a percentage of the employee’s base salary. Longevity pay shall be paid in accordance with
applicable laws. Longevity Pay is provided as follows:
Page 58
10
Town of Highland Beach Fire Department
Personnel Rules and Regulations Effective:
Employees who reach their Milestones will receive in a lump sum check:
10th year of employment- 2% of base annual salary
15th year of employment - 3% of base annual salary
20th year of employment- 4% of base annual salary
25th year of employment and each 5th year thereafter- 5% of base annual salary
SECTION 13: HOLIDAYS FOR FIRE DEPARTMENT PERSONNEL
SECTION 1: Legal holidays are:
New Year's Day (January 1)
Martin Luther King's Birthday (The third Monday in January)
Presidents Day (The third Monday in February)
Memorial Day (The last Monday in May)
Juneteenth (June 19)
Independence Day (July 4)
Labor Day (The first Monday in September)
Columbus Day (The second Monday in October)
Veterans Day (November 11)
Thanksgiving Day (The fourth Thursday in November)
Day After Thanksgiving (Friday after Thanksgiving)
Christmas Eve (December 24)
Christmas Day (December 25)
Personal Holidays (24 hours)
SECTION 2: HOLIDAY PAY FOR FIRE DEPARTMENT 24/72 SHIFT PERSONNEL
Employees working an average forty-two (42) hour work week shall work the observed holidays as part
of their regular tour of duty. Employees working an average forty-two (42) hour work week shall
receive, in lieu of the legal holidays provided for in Section 1 of this policy, an allowance equal to 104
hours pay at the employee's regular rate of pay, and twenty-four hours of personal holiday leave. The
holiday pay and personal holiday leave shall be paid and credited by the last regular payday in
September. An employee leaving or entering the department or changing from a forty-two (42) hour
workweek shall receive a prorated amount of personal holiday leave and pay according to the number
of holidays which have passed. Employees must be employed on the date of payment in order to be
eligible for the benefit payment and personal holiday leave credits; separation prior to the date of
payment is a voluntary forfeiture of such payment and personal holiday leave.
SECTION 3: ACCUMULATION OF PERSONAL HOLIDAYS
Employees starting to work between October 1 and December 31 shall receive 24 hours of personal
holidays for the fiscal year. Employees starting to work between January 1 and March 31 shall receive
16 hours of personal holidays for the fiscal year. Employees starting to work between April 1 and June
30 shall receive 8 hours of personal holiday for the fiscal year. Employees starting to work between July
1 and September 30 shall receive no personal holidays for the fiscal year.
Page 59
11
Town of Highland Beach Fire Department
Personnel Rules and Regulations Effective:
SECTION 5: EMPLOYEES ON WORKERS COMPENSATION OR DISABILITY
Employees on disability for less than thirty (30) days, as provided for in the “Disability Leave” policy,
shall receive holiday pay provided for in this Section for up to the 30-day period.
SECTION 6: EMPLOYEES ON SICK LEAVE
An employee on authorized sick leave on the day designated as a holiday shall receive holiday pay
provided the employee works the regularly scheduled day before and after the holiday.
SECTION 14: OVERTIME
SECTION 1: The Town has established a 14-day work period under the 7(k) exemption for payment of
overtime. Based upon the shift employees’ established work cycle, the Town has determined it will pay
overtime at 1.5 times the regular rate of pay after 96 hours worked in a 14-day work period. Overtime
hours and overtime compensation shall be defined, calculated and implemented as prescribed by the
Fair Labor Standards Act and the United States Department of Labor.
SECTION 2: The Town will continue to devise methods to distribute overtime fairly. To do so, the Town
will use the Scheduler Module in the First Due Platform, which provides audit trails and uses voice calls,
SMS, email, or mobile application for overtime notifications.
SECTION 3: Scheduled overtime in any classification will be offered first to the employee with the least
amount of total overtime hours worked and will continue in this manner until the slot is filled. Higher
classification assignments shall be at the discretion of the Fire Chief or her/his designee and shall be on
a rotation basis among qualified employees whenever practical and thereafter, on a rotation basis,
whenever practical.
SECTION 4: Nothing herein shall require payment when an insubstantial amount of time is worked in
excess of the normal work shift. For the purpose of this Policy, an insubstantial amount of time shall be
considered any period of time less than one-quarter (1/4) hour. Employees shall be paid to the next
quarter (1/4) hour for any time worked over one-quarter (1/4) hour. Employees shall not have their
pay deducted when reporting less than one-quarter (1/4) hour late.
SECTION 5: Regular rate of pay shall be defined as the employee's base salary.
SECTION 6: Overtime as a result of callback shall be provided for in the Call-Back Policy and shall not be
subject to the provisions of this Policy.
SECTION 7: Compensatory time off may be granted in lieu of overtime payment. The maximum
accumulation of compensatory time shall be one hundred and twenty (120) hours.
SECTION 8: When an employee reaches an accumulation of ninety-six (96) hours of compensatory time
the employee shall be required to take twenty-four (24) hours of compensatory time off in one
scheduled twenty-four (24) hour period. In the event the employee has not taken the twenty-four (24)
Page 60
12
Town of Highland Beach Fire Department
Personnel Rules and Regulations Effective:
hours off in one scheduled twenty-four (24) hour period within ninety (90) days from the date of
accumulation of the ninety-six (96) hours of compensatory time, the Town will schedule the employee
to be off on compensatory leave for a full twenty-four (24) period. Compensatory time shall be used
and administered in the same manner as specified in Section 2, of the Annual Leave Policy.
SECTION 15: COURT TIME
SECTION 1: Court time is the time an employee is required to appear in court or give a deposition as a
result of action taken within the scope of employment, whether on or off duty. Compensation for the
court time outside of the normal work period shall be a minimum of three (3) hours pay at time and
one-half. Any additional overtime for each appearance will be compensated in accordance with the
workweek and overtime Article.
SECTION 16: UNIFORM MAINTENANCE ALLOWANCE
SECTION 1: Equipment, uniforms, or linens issued by the Town damaged or lost through negligence
will be replaced at the employee's expense, in accordance with applicable wage and hour laws.
SECTION 2: The Town shall pay employees one hundred fifty dollars ($150) per year as a shoe allowance,
provided that the shoes purchased are ASTM F 2412 and ASTM F2413 compliant.
SECTION 17: TUITION REIMBURSEMENT
SECTION 1: All employees who have been in the employ of the Town for a minimum of 12 months shall
be eligible to apply for participation in the Tuition Reimbursement Program as provided for in the
following sections:
SECTION 2: This plan is applicable to educational programs offered by post-secondary, accredited
educational institutions, approved vocational school classes that are college credit courses and which
can be transferred to a post-secondary, accredited institution, including the State Fire College; or non-
credit educational/training courses that: (a) are necessary to obtain an initial certification from the
Florida State Fire College, to include FLUSAR curriculum, and are courses offered by an institution listed
in the U.S. Department of Education Database of Accredited Postsecondary Institutions and Programs
or (b) those approved by the Fire Chief or designee.
SECTION 3: The program and/or course must be related to the needs of the Town in that it has the
potential to improve the performance level of the employee in the employee's present assignment or
develops an employee's ability and knowledge to meet the needs of future assignments within the
Town.
SECTION 4: The employee must meet the entrance requirements of the educational institution offering
the course and must have the approval of the Town Manager or designee prior to enrollment in the
course or program.
SECTION 5: Upon completion of an approved course, an employee may apply for tuition reimbursement
in an amount equivalent to the following percentages of the tuition cost:
Percentage Reimbursed:
Page 61
13
Town of Highland Beach Fire Department
Personnel Rules and Regulations Effective:
Grade Earned “C” and above, or “Pass” in Pass/Fail Course 100%
Approved coursework will be reimbursed at an amount no to exceed the then current credit hour rate
established for in-state residents at Florida Atlantic University (“FAU”), in an amount equivalent to the
above percentages of the tuition costs. Coursework taken at out-of-state or online universities for the
Open Learning Fire Service Program, administered by the National Fire Academy, will be reimbursed at
100%, subject to the reimbursement by grade formula and maximum FAU rate indicated above. If
financial assistance is available from the Veteran's Administration, or other sources, the amount of
reimbursement shall be limited to the difference between the amount paid under this section and the
amount received from other sources. All requests for reimbursement must be made within sixty (60)
days of the end of the grading period.
SECTION 6: If an employee voluntarily terminates employment within two (2) years of receiving tuition
reimbursement, the employee shall reimburse the Town for any amounts received for that period
through deduction from any final pay to which the employee is entitled, or by such other means as may
be necessary to recover the sum.
SECTION 7: Courses must be taken through an educational institution identified in the U.S. Department
of Education database of regional accredited postsecondary institutions and programs in order to be
eligible for this education reimbursement.
SECTION 18: TRAINING
SECTION 1: The Town shall provide compensatory time for non-Town provided training along the
following general guidelines:
a) The Town shall retain full discretion to select courses or seminars where compensatory time shall be
offered.
b) The Town shall retain full discretion as to the use of any accumulated compensatory time.
c) A fair method of selecting attendees shall be devised by the Town.
SECTION 2: The Town shall provide appropriate equipment for physical training as agreed upon by the
Wellness Committee and the Fire Chief, which shall be housed in the Fire Station as designated by the
Fire Chief. The Town reserves the right to remove this equipment if in the Town Manager's sole
judgment, injuries from its usage warrants such removal.
SECTION 19: CIVIL SUITS
SECTION 1: The Town shall, upon timely notice by an employee, undertake the defense of any employee
covered by this policy against civil damage suits arising an as a result of any act, event, or omission of
action in the scope of her or his employment, as set forth in Florida Statute Section 768.28, and shall
file appropriate counterclaims.
SECTION 2: The Town shall indemnify all member employees against judgments for compensation
damages rendered against a member employee in a civil damage suit arising as a result of any act,
event, or omission of action in the scope of her/his employment for the Town. The Town shall not
indemnify any employee against judgments rendered in civil suits, which the Town has not been given
notice of and an opportunity to defend. The Town shall not indemnify any employee against judgments
Page 62
14
Town of Highland Beach Fire Department
Personnel Rules and Regulations Effective:
rendered in civil suits where the employee's acts giving rise to the judgment were found to be in bad
faith, with malicious purpose, or committed in a manner exhibiting wanton and willful disregard of
human rights, safety, and property.
SECTION 3: The employee shall give notice to the Town within forty-eight (48) hours of all injuries or
damage to persons or property, including the employee himself, incurred by or witnessed by the
employee while the employee is on duty.
SECTION 4: It shall be the duty of the employee to notify the Town Attorney of her/his being served
with any civil action on the day of receipt by the employee or the first Town business day thereafter.
SECTION 5: The employee has the right to retain counsel of her/his choice at her/his own option and
expense. However, the Town shall retain full control of the litigation unless the employee releases the
Town from all indemnification and defense obligations here and by law.
SECTION 20: DISEASES AND IMMUNIZATION
SECTION 1: The Town shall provide tuberculosis and Hepatitis A, B, and C screening annually for all Fire
Department employees.
SECTION 2: The Town shall provide immunization for Fire Department employees on a voluntary basis
as follows:
Flu shots - once per year if available
Tetanus - once every ten (10) years
Hepatitis - (Type B) - once every five (5) years
SECTION 3: A labor-management committee shall be established which shall consist of the four Shift
Captains, the Infectious Disease Control Officer, the Fire Chief or designee in the Fire Department, the
Human Resources Director or designee, and the Medical Director. The committee shall meet as needed
and upon the request of any two (2) members of the committee for the purpose of developing
recommendations to the Town Manager regarding:
(a) Procedures for infection control to be followed when responding to medical emergencies.
(b) Emergency medical response personnel should be educated and trained on the proper observation
of barrier precautions designed to promote infection control.
(c) Develop an effective communication system between the Fire Department and local medical
facilities, which shall seek to ensure that the requirements of Florida Statute 395.1025 are met.
SECTION 4: The Town shall establish procedures for infection control to be followed when responding
to medical emergencies. Surgical masks, gloves, and goggles will be provided by the Town for use by
emergency medical personnel when treating victims.
SECTION 5: The Town shall provide education and training to all emergency response personnel in the
proper observation of barrier precautions in the interest of infection control.
Page 63
15
Town of Highland Beach Fire Department
Personnel Rules and Regulations Effective:
SECTION 6: The Town Manager will make a good-faith effort to ensure that the notification
requirements mandated by Florida Statute 395.1025 are accomplished in a timely manner.
SECTION 7: Nothing in this policy shall be construed as a waiver of the Town's rights under Chapter 440,
Florida Statutes.
SECTION 8: When the County Health Officer declares that a public health risk exists and, in her/his
judgment, it is reasonable and prudent to immunize public health care employees from it, the Town
shall provide appropriate vaccinations.
SECTION 21: MANAGEMENT RIGHTS
SECTION 1: Each employee recognizes that the Town has the exclusive right to manage and direct the
various departments of the Town. Accordingly, the powers and authority that the Town has not
specifically abridged, delegated, or modified by the express provisions of any policies are retained by
the Town. Therefore, the Town specifically, but not by way of limitation, reserves the exclusive right to
determine the mission of the Town and its various departments, divisions and other units of the
organization; set standards of service, establish and implement policies and procedures related to
employment, promotions, position classification, discipline for just cause, transfer, assignment, and
scheduling of employees; subcontract work; merge, consolidate, or close a department or any part
thereof or expand, reduce, alter, combine, assign or cease any job; control the use of equipment and
property of the Town; fill any job on a temporary, emergency, or interim basis; determine the number,
location and operation of headquarters, annexes, divisions, substations, and departments thereof;
schedule and assign the work to the employees and determine the size and composition of the work
force; formulate and implement departmental policy, rules and regulations; and introduce new or
improved services, maintenance procedures, materials, facilities and equipment. If the Town fails to
exercise any one or more of the above functions from time to time, it shall not be deemed a waiver of
the Town's right to exercise any or all of such functions. Any right or privilege of the Town not
specifically mentioned by the Town in this Agreement shall remain with the Town.
SECTION 22: SENIORITY LISTS
SECTION 1: The Fire Department shall establish seniority lists by classification, and it shall be revised on
October 1st of each year. Such lists shall be available electronically. Exceptions to such lists shall be
made within thirty (30) calendar days of posting and the list shall be revised as deemed appropriate.
After thirty (30) calendar days, the seniority lists shall stand approved.
SECTION 2: Employee's seniority shall be established from the date of continuous employment by the
Fire Department of the Town of Highland Beach. If two or more employees have the same seniority
date and are of the same classification, seniority standing shall be determined by test scores established
in their present classification. If such test results prove the employees to be of equal merit, the date of
application for employment with the Fire Department will determine the seniority standing.
SECTION 3: The seniority and merit review dates of an employee who is on Authorized Leave Without
Pay shall be advanced one consecutive calendar day for each consecutive calendar day of the leave
period. The merit review date of an employee who is receiving disability pay in excess of thirty (30)
calendar days in accordance with Disability Policy shall be advanced one consecutive calendar day for
Page 64
16
Town of Highland Beach Fire Department
Personnel Rules and Regulations Effective:
each consecutive calendar day of the entire disability leave period.
SECTION 4: Initial Seniority List placement, for original employees hired on or before March 18th, 2024,
shall be based on two criteria: previous time in grade/rank (or higher) at time of hire date, and previous
total years/months of service as a paramedic firefighter or higher rank with all past fire service agencies.
Time in grade or higher will be considered first, then total years of service.
SECTION 23: WORKING CONDITIONS
SECTION 1: Due to the nature of the fire service, the mission of the department to save human life and
prevent and protect property from destruction by fire or other emergencies, in concert with the Town,
the employees agree as follows:
(a) To exert all efforts within its province to improve the Town's fire rating classification.
(b) To meet high standards of personal appearance and on-duty conduct for increased overall
efficiency.
(c) To make all necessary and voluntary efforts to improve public understanding of the causes of fire
and potential fire hazards.
(d) To participate in school and civil appearances during fire prevention week and at other times as
required.
(e) To participate in inspections when assigned.
(f) To make every effort, during and subsequent to all fires, to reduce property damage from water and
smoke by proper use of rescue and salvage equipment provided by the Town.
(g) To maintain a high level of physical preparedness and training proficiency.
(h) To maintain equipment and facilities at departmental standards.
SECTION 2: In order that the basic mission of the department may be preserved and a state of readiness
may be maintained, employees will not normally be required to perform tasks which are not directly
related to the objectives set forth in Section 1 above, if the performance of such tasks would affect the
unit's ability to respond to an alarm or affect the level of department equipment maintenance. Such
determinations shall be at the discretion of the Fire Chief or her/his designee.
SECTION 3: The Town agrees to supply and make available all materials required (rags, mops, etc.) in
the day-to-day maintenance of the fire stations. The Town furthermore agrees to work to maintain
proper extermination- service at the fire stations.
SECTION 4: It is the responsibility of the Town to provide safe working conditions, tools, equipment,
and work methods for employees. The Town and the employees will work together to maintain safe
working conditions, tools, and equipment provided that it remains the Town's unilateral right to
determine what equipment, if any, and procedures will be purchased or used.
SECTION 5: The Town will maintain commercial washers and dryers at the station.
Page 65