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2024.12.17_TC_Agenda_Regular1 TOWN OF HIGHLAND BEACH TOWN COMMISSION MEETING AGENDA Tuesday, December 17, 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. INVOCATION 5. APPROVAL OF THE AGENDA 6. PRESENTATIONS / PROCLAMATIONS None. 7. PUBLIC COMMENTS Public Comments will be limited to five (5) minutes per speaker. Page 1 Town Commission Meeting Agenda December 17, 2024 2 8. ORDINANCES (Public Comments will be limited to three (3) minutes per speaker per item after Commission initial discussion.) A. Ordinance No. 2024-003 (Second Reading/Public Hearing) An Ordinance of the Town Commission of the Town of Highland Beach, Florida, amending Chapter 1, "General Provisions," of the town code of ordinances by adopting a new Section 1-13, "Electronic Publication of Notices;" providing for the repeal of all ordinances in conflict; providing for severability and codification; and providing for an effective date (First Reading was December 3, 2024). B. Proposed Ordinance / Amending the Town Zoning Code (Chapter 30) relating to Home-based Businesses An Ordinance of the Town Commission of the Town of Highland Beach, Florida, amending Section 30-67, "Uses Permitted, Special Exception, and Prohibited Uses," and Section 30-131, "Definitions of Terms," of Chapter 30, "Zoning Code," of the town code of ordinances to rename the existing home occupation use to "Home-Based Businesses" and modify the regulations to ensure consistency with state law, providing for the repeal of all ordinances in conflict; providing for severability and codification; and providing for an effective date. C. Proposed Ordinance / Amendment to the Accessory Marine Facilities (AMF) and seawall regulations An Ordinance of the Town Commission of the Town of Highland Beach, Florida, amending Chapter 6, "Buildings and Structures," of the town code of ordinances by amending Section 6-128, "approval required for bulkheads, seawalls, retaining walls; required notification of abutting property owners," to provide a maximum seawall cap and docket width; amending Chapter 30, "Zoning," by amending Section 30-68, "Supplemental District Regulations," to provide a maximum height for boat lifts, a maximum extension for accessory marine facilities into canals and lakes, a maximum seawall cap and dock width, and ladder regulations and amending Section 30-131, "Definition of Terms," to provide definitions that pertain to accessory marine facilities; providing for the repeal of all ordinances in conflict; providing for severability and codification; and providing for an effective. 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. October 15, 2024 Town Commission Meeting Minutes November 19, 2024 Town Commission Meeting Minutes Page 2 Town Commission Meeting Agenda December 17, 2024 3 B. Approve and authorize Odyssey Manufacturing Co. to replace the turnkey acid dosing pump skid and related components in an amount of $138,167.78 for the Water Treatment Plan utilizing a piggyback of the City of Pompano Beach Agreement No. 1693. This is a planned and approved project for fiscal year 2025. 10. UNFINISHED BUSINESS (Public Comments will be limited to three (3) minutes per speaker per item after Town Commission initial discussion.) None. A. Continued discussion of Fiscal Year (FY) 2024-2025 Strategic Priorities Plan Update and 5-Year Capital Improvement Plan 11. NEW BUSINESS (Public Comments will be limited to three (3) minutes per speaker per item after Town Commission initial discussion.) A. Development Order Application No. PZ-24- 4 / Daniel Edwards Consider an application by Toly Pappas, Randall Stofft Architects, requesting site plan approval for a new three story, two -unit (5,217 square foot per unit) townhome development with pool and spa for the property located at 4306 South Ocean Boulevard. B. Consider a request for a Town of Highland Beach Right-of-Way (ROW) permit for the property located at 4306 South Ocean Boulevard. C. Resolution No. 2024-035 A Resolution of the Town Commission of the Town of Highland Beach, Florida, supporting the procurement and oversight of consultants for the development of a Countywide Transportation Plan; supporting the formation of a Technical Advisory Committee for the same; and providing an effective date. 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 Page 3 Town Commission Meeting Agenda December 17, 2024 4 15. ANNOUNCEMENTS Board Vacancies Board of Adjustment and Appeals Board One (1) vacancy for a three- year term Code Enforcement Board One (1) for a three-year term and One (1) vacancy for an unexpired ending May 30, 2025 Meetings and Events January 01, 2025 Town Hall closed in observance of New Year's Day January 14, 2025 1:00 P.M. Special Magistrate Hearing January 16, 2025 9:30 A.M. Planning Board Regular Meeting January 20, 2025 Town Hall closed in observance of Martin Luther King Jr. Day January 21, 2025 1:30 P.M. Town Commission Meeting Board Action Report None. 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 assistance. Page 4 File Attachments for Item: A. Ordinance No. 2024-003 (Second Reading/Public Hearing) An Ordinance of the Town Commission of the Town of Highland Beach, Florida, amending Chapter 1, "General Provisions," of the town code of ordinances by adopting a new Section 1-13, "Electronic Publication of Notices;" providing for the repeal of all ordinances in conflict; providing for severability and codification; and providing for an effective date (First Reading was December 3, 2024). Page 5 TOWN OF HIGHLAND BEACH AGENDA MEMORANDUM MEETING TYPE: Town Commission MEETING DATE December 17, 2024 SUBMITTED BY: Lanelda Gaskins, Town Clerk’s Office SUBJECT: Ordinance No. 2024-003 (Second Reading/Public Hearing) An Ordinance of the Town Commission of the Town of Highland Beach, Florida, amending Chapter 1, "General Provisions," of the town code of ordinances by adopting a new Section 1-13, "Electronic Publication of Notices;" providing for the repeal of all ordinances in conflict; providi ng for severability and codification; and providing for an effective date (First Reading was December 3, 2024). SUMMARY: At the December 3, 2024 Town Commission meeting, the Commission considered on first reading the proposed ordinance amending Chapter 1, “General Provisions,” of the town code of ordinances by adopting a new Section 1-13, “Electronic Publication of Notices” which allows the Town Clerk to publish legal advertisements and public notices on the county’s publicly accessible website in accordance with Section 50.0311, Florida Statutes. A motion was made a seconded by Commissioners David and Goldberg to approve the proposed ordinance, Ordinance No. 2024-003 was advertised in accordance with Florida Statutes on December 7, 2024. Therefore, Ordinance No. 2024 -003 is before the Town Commission for adoption on second/final reading. FISCAL IMPACT: Cost savings due to reduction in costs associated with electronic legal advertising. ATTACHMENTS: Ordinance No. 2024-003 and Legal Advertisement Affidavit RECOMMENDATION: Adopt Ordinance No. 2024-003 on second/final reading. Page 6 Page 7 Ordinance No. 2024-003 1 TOWN OF HIGHLAND BEACH 1 ORDINANCE NO. 2024-003 2 3 4 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN 5 OF HIGHLAND BEACH, FLORIDA, AMENDING CHAPTER 1, 6 “GENERAL PROVISIONS,” OF THE TOWN CODE OF 7 ORDINANCES BY ADOPTING A NEW SECTION 1-13, 8 “ELECTRONIC PUBLICATION OF NOTICES;” PROVIDING FOR 9 THE REPEAL OF ALL ORDINANCES IN CONFLICT; 10 PROVIDING FOR SEVERABILITY AND CODIFICATION; AND 11 PROVIDING FOR AN EFFECTIVE DATE. 12 13 WHEREAS, the Town of Highland Beach, Florida, is a duly constituted municipality 14 having such power and authority conferred upon it by the Florida Constitution and Chapter 166, 15 Florida Statutes; and 16 WHEREAS, Section 50.0311, Florida Statutes, specifically authorizes municipalities to 17 utilize the publicly accessible website of the county in which it lies to publish legally required 18 advertisements and public notices subject to certain requirements; and 19 WHEREAS, the Town Commission wishes to utilize the provisions of Section 50.0311, 20 Florida Statutes, and will comply with the provisions of subsection (6), which requires the Town 21 to provide notice at least once per year in a newspaper of general circulation indicating that 22 property owners and residents may receive legally required advertisements and public notices from 23 the Town by first-class mail or e-mail upon registering their name and address or e-mail address 24 with the Town; and 25 WHEREAS, the Town Commission determines that the adoption of this Ordinance 26 benefits the health, safety, and welfare of the residents of the Town of Highland Beach. 27 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF THE 28 TOWN OF HIGHLAND BEACH, FLORIDA, AS FOLLOWS: 29 Section 1. The foregoing facts and recitations contained in the preamble to this 30 Ordinance are hereby adopted and incorporated by reference as if fully set forth herein. 31 Page 8 Ordinance No. 2024-003 2 Section 2. The Town Commission hereby amends Chapter 1, “General Provisions,” of 1 the Town Code of Ordinances, by adopting new Section 1-13, “Electronic publication of notices,” 2 to read as follows (additional language underlined): 3 Sec. 1-13. Electronic publication of notices. 4 5 Wherever this code, including the provisions of chapter 30 (zoning code), 6 requires publication of a notice in a newspaper of general circulation, the 7 publication requirement shall be satisfied by posting such notice on the county’s 8 publicly accessible website in accordance with the requirements of F.S. §50.0311. 9 10 Section 3. Severability. The provisions of this Ordinance are declared to be severable and 11 if any section, sentence, clause, or phrase of this Ordinance shall for any reason be held to be 12 invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, 13 sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the 14 legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. 15 Section 4. Repeal of Laws in Conflict. All ordinances or parts of ordinances in conflict 16 herewith are hereby repealed to the extent of such conflict. 17 Section 5. Codification. Section 2 of the Ordinance may be made a part of the Town 18 Code of Ordinances and may be re-numbered or re-lettered to accomplish such, and the word 19 “ordinance” may be changed to “section,” “division,” or any other appropriate word. 20 Section 6. Effective Date. This Ordinance shall be effective immediately upon adoption 21 at second reading. 22 The foregoing Ordinance was moved by Commissioner David, seconded by Commissioner 23 Goldberg and upon being put to the vote, the vote was as follows: 24 25 YES NO 26 Mayor Natasha Moore X 27 Vice Mayor David Stern X 28 Commissioner Evalyn David X 29 Commissioner Judith Goldberg X 30 Commissioner Don Peters X 31 32 PASSED on first reading at the Regular Commission meeting held on this 3rd day of December 33 2024. 34 35 36 37 Page 9 Ordinance No. 2024-003 3 The foregoing Ordinance was moved by _________________________________, seconded by 1 ________________________________ and upon being put to the vote, the vote was as follows: 2 3 YES NO 4 Mayor Natasha Moore 5 Vice Mayor David Stern 6 Commissioner Evalyn David 7 Commissioner Judith Goldberg 8 Commissioner Don Peters 9 10 PASSED AND ADOPTED on second and final reading at the Regular Commission meeting held 11 on this 17th day of December 2024. 12 13 ATTEST: 14 15 By: 16 Lanelda Gaskins, MMC 17 Town Clerk 18 19 APPROVED AS TO FORM AND LEGALITY: 20 21 By: _________________________________ 22 Leonard G. Rubin, Town Attorney 23 Page 10 Sold To: Town of Highland Beach - CU00398185 3614 So. Ocean Blvd. Highland Beach,FL 33487 Bill To: Town of Highland Beach - CU00398185 3614 So. Ocean Blvd. Highland Beach,FL 33487 Published Daily Fort Lauderdale, Broward County, Florida Boca Raton, Palm Beach County, Florida Miami, Miami-Dade County, Florida State Of Florida County Of Orange Before the undersigned authority personally appeared Rose Williams, who on oath says that he or she is a duly authorized representative of the SUN- SENTINEL, a DAILY newspaper published in BROWARD/PALM BEACH/MIAMI-DADE County, Florida; that the attached copy of advertisement, being a Legal Notice in: The matter of 11720-Notice of Public Meeting , Was published in said newspaper by print in the issues of, and by publication on the newspaper¶s website, if authorized on Dec 07, 2024 ORDINANCE NO. 2024-003 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: December 08, 2024. Signature of Notary Public Name of Notary, Typed, Printed, or Stamped Personally Known (X) or Produced Identification ( ) Affidavit Delivery Method: E-Mail Affidavit Email Address: lgaskins@highlandbeach.us 7735332 SUN-SENTINEL Page 11 Order # - 7735332 SUN-SENTINEL Page 12 SUN-SENTINEL Page 13 File Attachments for Item: B. Proposed Ordinance / Amending the Town Zoning Code (Chapter 30) relating to Home-based Businesses An Ordinance of the Town Commission of the Town of Highland Beach, Florida, amending Section 30-67, "Uses Permitted, Special Exception, and Prohibited Uses," and Section 30-131, "Definitions of Terms," of Chapter 30, "Zoning Code," of the town code of ordinances to rename the existing home occupation use to "Home-Based Businesses" and modify the regulations to ensure consistency with state law, providing for the repeal of all ordinances in conflict; providing for severability and codification; and providing for an effective date. Page 14 TOWN OF HIGHLAND BEACH AGENDA MEMORANDUM MEETING TYPE: Town Commission MEETING DATE December 17, 2024 SUBMITTED BY: Ingrid Allen, Town Planner, Building Department SUBJECT: Proposed amendment to the Town’s Zoning Code (Chapter 30) relating to home-based businesses SUMMARY: The proposed amendment to the Town’s Zoning Code (Chapter 30) will bring regulations governing home-based business into compliance with S. 559.955, F lorida Statute, which restricts the power of municipal governments to regulate home -based businesses. Note that this home-based business amendment to the Zoning Code is an initiative on the Town’s Strategic Priorities Plan. House Bill 403 which became effective July 1, 2021, p rohibits local governments from licensing or otherwise regulating a home-based business. The proposed changes are detailed in the Ordinance (attached). Currently, Section 30-67(b) of the Town Code permits home occupations in all zoning districts with the e xception of the Government Services District (GSD). At the October 15, 2024 Town Commission meeting, the Commission considered an introduction to the amendment relating to home-based businesses. Consensus from the Commission was to add to the Ordinance, a cross-reference to the Town Sign Code (Chapter 23). The latter cross-reference was added to the Ordinance. The Commission made a motion to send the Amendment to the Planning Board for a recommendation (motion carried 5 -0). At the November 14, 2024 Planning Board meeting, the Board moved to recommend approval of the proposed amendment to the Town Commission (motion carried 7 -0). Pursuant to Section 30-44 (Zoning Code text amendments) of the Town Code, the proposed amendment to the Zoning Code is consistent with the Town’s Comprehensive Plan and Zoning Code. In addition, Section 30-44(c) requires that the Planning Board provide a recommendation to the Town Commission on Zoning Code text amendments. Effective October 1, 2023, Section 166.041(4), Florida Statutes requires that before the enactment of a proposed ordinance, the governing body of a municipality shall prepare or cause to be prepared a Business Impact Estimate (BIE). According to Section 166.041(4)(c) F.S., such BIE is not required given the ordinance will bring Zonin g Code regulations into compliance with State law. Page 15 FISCAL IMPACT: None. ATTACHMENTS: Ordinance. Section 559.955 Florida Statutes. RECOMMENDATION: At the discretion of the Town Commission. Page 16 1 TOWN OF HIGHLAND BEACH 1 ORDINANCE NO 2 3 4 AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, 5 FLORIDA, AMENDING SECTION 30-67, “USES PERMITTED, 6 SPECIAL EXCEPTION, AND PROHIBITED USES,” AND 7 SECTION 30-131, “DEFINITIONS OF TERMS,” OF CHAPTER 30, 8 “ZONING CODE,” OF THE TOWN CODE OF ORDINANCES TO 9 RENAME THE EXISTING HOME OCCUPATION USE TO 10 “HOME-BASED BUSINESSES” AND MODIFY THE 11 REGULATIONS TO ENSURE CONSISTENCY WITH STATE 12 LAW; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN 13 CONFLICT; PROVIDING FOR SEVERABILITY AND 14 CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. 15 16 17 WHEREAS, the Town of Highland Beach, Florida, is a duly constituted municipality 18 having such power and authority conferred upon it by the Florida Constitution and Chapter 166, 19 Florida Statutes; and 20 WHEREAS, through the enaction of Chapter 2021-202, Laws of Florida, the Florida 21 Legislature adopted Section 559.955, Florida Statutes, restricting the ability of local governments 22 to regulate home-based businesses; and 23 WHEREAS, Section 559.955, Florida Statutes, specifically prohibits local governments 24 from enacting or enforcing any ordinance, regulation, or policy in violation of the restrictions set 25 forth therein and allows any adversely affected current or prospective home-based business to file 26 suit against the Town for a violation of the state-mandated restrictions and awards attorney’s fees 27 and costs to the prevailing party in any such action; and 28 WHEREAS, the Town Commission wishes to revise its restrictions applicable to home 29 occupations (renamed home-based businesses) to comply with the provisions of Section 599.955, 30 Florida Statutes; and 31 WHEREAS, the Town Commission determines that the adoption of this Ordinance 32 benefits the health, safety, and welfare of the residents of the Town of Highland Beach. 33 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF THE 34 TOWN OF HIGHLAND BEACH, FLORIDA, AS FOLLOWS: 35 Section 1. The foregoing facts and recitations contained in the preamble to this 36 Ordinance are hereby adopted and incorporated by reference as if fully set forth herein. 37 Page 17 2 Section 2. The Town Commission hereby amends Article IV, “Zoning Districts,” and 1 Article VIII, “Definitions,” of Chapter 30, “Zoning Code,” of the Town Code of Ordinances as 2 follows (additional is underlined and deleted is stricken through): 3 4 Sec. 30-67. – Uses permitted, special exception, and prohibited uses. 5 *** 6 (b) Uses not listed. Unless otherwise provided by this chapter, uses not listed in Table 30-4 are 7 prohibited in the Town of Highland Beach. 8 Table 30-4 9 Permitted Uses 10 Legend 11 SP = Site Plan Approval Required X = Prohibited SE = Special Exception Town Commission Approval Required P = Permitted SEP = Special Exception Planning Board Approval Required USE CATEGORY RE RS RM L RM M RM H RP U D GS D Additional Standards (See Notes) RESIDENTIAL Dwelling, Single-family, Detached SP SP SP SP SP SP X Dwelling, Single-family, Attached X X SP SP SP SP X Dwelling, Single-Family, Zero Lot Line X X SE SE SE SE X (1) Dwelling, Multiple-Family X X SP SP SP SP X Dwelling, Patio or Villa X X SP SP SP SP X Dwelling, Three-Family (Triplex) X X SP SP SP SP X Dwelling, Townhouse X X SP SP SP SP X Dwelling, Two-Family (Duplex) X X SP SP SP SP X Dwelling, Mobile Home X X X X X X X Accessory Dwellings P P P P P P P (2) Guardhouse, Residential P P P P P P X (3) Home-based Businesses Occupation P P P P P P X (4) Timeshare Residence X X X X X X X Accessory Uses P P P P P P P 12 *** 13 (4) Home-based businesses occupations. A business that operates from a residential 14 property is permitted. A business is considered a home-based business if it operates, in 15 whole or in part, from a residential property and meets the following standards: 16 Page 18 3 1 a. Employees of the business who work at the residential dwelling must also reside 2 in the residential dwelling, except that up to a total of two (2) employees or 3 independent contractors who do not reside at the residential dwelling may work at 4 the business. The business may have additional remote employees who do not 5 work at the residential dwelling. 6 7 b. Parking for the home-based business must comply with the provisions of article 8 IV, Chapter 30 of the Town code. Additionally, the need for parking generated by 9 the business may not be greater in volume than would normally be expected at a 10 similar residence where no business is conducted, and vehicles and trailers used in 11 connection with the business must be parked in legal parking spaces that are not 12 located within the right-of-way, on or over a sidewalk, or on any unimproved 13 surfaces at the residence. 14 15 c. Parking or storage of heavy equipment at the home-based business shall not be 16 visible from the street or neighboring property. For the purposes of this 17 subsection, “heavy equipment” means commercial, industrial, or agricultural 18 vehicles, equipment, or machinery. 19 20 d. External modifications made to a residential dwelling to accommodate a home-21 based business must conform to the residential character and architectural 22 aesthetics of the neighborhood. As viewed from the street, the use of the 23 residential dwelling shall be consistent with the uses of the residential areas that 24 surround the property. 25 26 e. The home-based business may not conduct retail transactions at a structure other 27 than the residential dwelling; however, incidental business uses and activities may 28 be conducted at the residential property. 29 30 f. The activities of the home-based business shall be secondary to the property’s use 31 as a residential dwelling. 32 33 g. To that extent not inconsistent with the requirements of this section, all business 34 uses and activities must comply with all Town code standards and requirements, 35 including the applicable noise regulations, and with the standards for permitted 36 uses and structures for the zoning district in which the home-based business exists. 37 All signs shall comply with the regulations applicable to residential properties set 38 forth in Chapter 23 of this Code. 39 40 h. All business activities shall comply with any relevant local, state, and federal 41 regulations with respect to the use, storage, or disposal of any corrosive, 42 combustible, or other hazardous or flammable materials or liquids. 43 44 i. Transient accommodations are not permitted as a home-based business except as 45 expressly provided elsewhere in the Town code. 46 Page 19 4 1 Home occupation means a commercial or business use performed in a residential dwelling by a 2 resident or family member. A home occupation use shall comply with the standards listed below: 3 4 a. Only resident family members or residents of the dwelling unit shall be engaged in the 5 occupation. 6 7 b. Provision of services to clients within a dwelling is prohibited. 8 9 c. The use of the premises for the home occupation shall be clearly incidental and 10 subordinate to its use for residential purposes by its occupants. The use shall not change 11 the residential character of the premises. 12 13 d. There shall be no change in the outside appearance of the building or premises, or other 14 visible evidence of the conduct of the home occupation. 15 16 e. Home occupations shall not be conducted in any accessory building or structure, or any 17 open porch, garage, or carport. 18 19 f. Home occupation shall not occupy more than fifteen (15) percent of the floor area of the 20 dwelling unit or accessory dwelling. Home occupations shall not be conducted within any 21 open porch, attached garage, or similar space not suited or intended for occupancy as 22 living quarters. 23 24 g. Traffic shall not be generated by the home occupation in greater volumes than would 25 normally be expected in a residential neighborhood. 26 27 h. Vehicle parking shall be located on the lot or premise of the home occupation. 28 29 i. Equipment or processes which create noise, vibration, glare, fumes, odors, or electrical 30 interference detectable to the normal senses at any lot line shall not be used in the home 31 occupation. In addition, equipment or processes shall not be used which create any 32 interference for neighboring properties in receiving radio, television, or other wireless 33 devices, or which cause fluctuations in electrical service to such properties. 34 35 j. Private instructions or other lessons shall be limited to not more than one person and shall 36 be limited to academic, artistic, and musical subjects. 37 38 k. Manufacture or fabrication of articles such as are commonly classified under the terms of 39 arts and handicrafts may be deemed a home occupation, subject to the other terms and 40 conditions of this definition. 41 42 l. On-premises sales of stock, supplies, or products is prohibited. 43 44 m. On-premises use or storage of hazardous materials is prohibited. 45 46 Page 20 5 n. On-premises signs or other advertising of home occupations is prohibited. 1 2 o. Employees, other than family members or residents of the dwelling, are prohibited. 3 4 p. Owners or operators of home occupations may obtain an occupational license from Palm 5 Beach County. 6 7 Sec. 30-131. – Definition of terms. 8 For the purposes of this chapter, the definitions provided below shall apply. In the event of a 9 conflict between the definitions provided in this section, and a definition provided in another 10 section, then the definition provided in the other section shall prevail. In case of a conflict with 11 the building, life/safety, or similar code, the more stringent definition will apply. 12 *** 13 Home-based business occupation means a professional, occupational, trade, or business use , as 14 those terms are defined in Section 15-1, that operates, in whole or in part, from performed in a 15 residential dwelling, subject to the requirements of Section 30 -67 by a resident or family 16 member. 17 Section 3. Severability. The provisions of this Ordinance are declared to be severable and 18 if any section, sentence, clause, or phrase of this Ordinance shall for any reason be held to be 19 invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, 20 sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the 21 legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. 22 Section 4. Repeal of Laws in Conflict. All ordinances or parts of ordinances in conflict 23 herewith are hereby repealed to the extent of such conflict. 24 Section 5. Codification. Section 2 of the Ordinance may be made a part of the Town 25 Code of Ordinances and may be re-numbered or re-lettered to accomplish such, and the word 26 “ordinance” may be changed to “section,” “division,” or any other appropriate word. 27 Section 6. Effective Date. This Ordinance shall be effective immediately upon adoption 28 at second reading. 29 The foregoing Ordinance was moved by __________________________________, seconded by 30 ________________________________ and upon being put to the vote, the vote was as follows: 31 32 33 YES NO 34 Mayor Natasha Moore ____ ____ 35 Vice Mayor David Stern ____ ____ 36 Page 21 6 Commissioner Evalyn David ____ ____ 1 Commissioner Judith Goldberg ____ ____ 2 Commissioner Don Peters ____ ____ 3 4 PASSED on first reading at the Regular Commission meeting held on this _____ day of 5 _________________, 2024. 6 7 The foregoing Ordinance was moved by _________________________________, seconded by 8 ________________________________ and upon being put to the vote, the vote was as follows: 9 10 YES NO 11 Mayor Natasha Moore ____ ____ 12 Vice Mayor David Stern ____ ____ 13 Commissioner Evalyn David ____ ____ 14 Commissioner Judith Goldberg ____ ____ 15 Commissioner Don Peters ____ ____ 16 17 PASSED AND ADOPTED on second and final reading at the Regular Commission meeting held 18 on this _____ day of _________________, 2024. 19 20 ATTEST: 21 22 By: 23 Lanelda Gaskins, MMC 24 Town Clerk 25 26 APPROVED AS TO FORM AND LEGALITY: 27 28 By: _________________________________ 29 Leonard G. Rubin, Town Attorney 30 Page 22 Select Year: 2023 Go The 2023 Florida Statutes (including Special Session C) Title XXXIII REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS Chapter 559 REGULATION OF TRADE, COMMERCE, AND INVESTMENTS, GENERALLY View Entire Chapter 559.955 Home-based businesses; local government restrictions.— (1) Local governments may not enact or enforce any ordinance, regulation, or policy or take any action to license or otherwise regulate a home-based business in violation of this section. (2) A home-based business that operates from a residential property as provided in subsection (3): (a) May operate in an area zoned for residential use. (b) May not be prohibited, restricted, regulated, or licensed in a manner that is different from other businesses in a local government’s jurisdiction, except as otherwise provided in this section. (c) Is only subject to applicable business taxes under chapter 205 in the county and municipality in which the home-based business is located. (3) For purposes of this section, a business is considered a home-based business if it operates, in whole or in part, from a residential property and meets the following criteria: (a) The employees of the business who work at the residential dwelling must also reside in the residential dwelling, except that up to a total of two employees or independent contractors who do not reside at the residential dwelling may work at the business. The business may have additional remote employees that do not work at the residential dwelling. (b) Parking related to the business activities of the home-based business complies with local zoning requirements and the need for parking generated by the business may not be greater in volume than would normally be expected at a similar residence where no business is conducted. Local governments may regulate the use of vehicles or trailers operated or parked at the business or on a street right-of-way, provided that such regulations are not more stringent than those for a residence where no business is conducted. Vehicles and trailers used in connection with the business must be parked in legal parking spaces that are not located within the right-of-way, on or over a sidewalk, or on any unimproved surfaces at the residence. Local governments may regulate the parking or storage of heavy equipment at the business which is visible from the street or neighboring property. For purposes of this paragraph, the term “heavy equipment” means commercial, industrial, or agricultural vehicles, equipment, or machinery. (c) As viewed from the street, the use of the residential property is consistent with the uses of the residential areas that surround the property. External modifications made to a residential dwelling to accommodate a home-based business must conform to the residential character and architectural aesthetics of the neighborhood. The home-based business may not conduct retail transactions at a structure other than the residential dwelling; however, incidental business uses and activities may be conducted at the residential property. (d) The activities of the home-based business are secondary to the property’s use as a residential dwelling. Page 23 (e) The business activities comply with any relevant local or state regulations with respect to signage and equipment or processes that create noise, vibration, heat, smoke, dust, glare, fumes, or noxious odors. Any local regulations on a business with respect to noise, vibration, heat, smoke, dust, glare, fumes, or noxious odors may not be more stringent than those that apply to a residence where no business is conducted. (f) All business activities comply with any relevant local, state, and federal regulations with respect to the use, storage, or disposal of any corrosive, combustible, or other hazardous or flammable materials or liquids. Any local regulations on a business with respect to the use, storage, or disposal of any corrosive, combustible, or other hazardous or flammable materials or liquids may not be more stringent than those that apply to a residence where no business is conducted. (4) Any adversely affected current or prospective home-based business owner may challenge any local government action in violation of this section. The prevailing party in a challenge may recover reasonable attorney fees and costs incurred in challenging or defending the action, including reasonable appellate attorney fees and costs. (5) The application of this section does not supersede: (a) Any current or future declaration or declaration of condominium adopted pursuant to chapter 718, cooperative document adopted pursuant to chapter 719, or declaration or declaration of covenant adopted pursuant to chapter 720. (b) Local laws, ordinances, or regulations related to transient public lodging establishments, as defined in s. 509.013(4)(a)1., that are not otherwise preempted under chapter 509. History.—s. 1, ch. 2021-202. Copyright © 1995-2024 The Florida Legislature • Privacy Statement • Contact Us Page 24 File Attachments for Item: C. Proposed Ordinance / Amendment to the Accessory Marine Facilities (AMF) and seawall regulations An Ordinance of the Town Commission of the Town of Highland Beach, Florida, amending Chapter 6, "Buildings and Structures," of the town code of ordinances by amending Section 6-128, "approval required for bulkheads, seawalls, retaining walls; required notification of abutting property owners," to provide a maximum seawall cap and docket width; amending Chapter 30, "Zoning," by amending Section 30-68, "Supplemental District Regulations," to provide a maximum height for boat lifts, a maximum extension for accessory marine facilities into canals and lakes, a maximum seawall cap and dock width, and ladder regulations and amending Section 30-131, "Definition of Terms," to provide definitions that pertain to accessory marine facilities; providing for the repeal of all ordinances in conflict; providing for severability and codification; and providing for an effective. Page 25 TOWN OF HIGHLAND BEACH AGENDA MEMORANDUM MEETING TYPE: Town Commission MEETING DATE December 17, 2024 SUBMITTED BY: Ingrid Allen, Town Planner, Building Department SUBJECT: Proposed amendment to the Town Code of Ordinances regarding Accessory Marine Facilities (AMF) and seawall regulations. SUMMARY: At the April 2, 2024 Town Commission meeting, the Commission considered a discussion item on the proposed amendment concepts to the AMF and seawall regulations of the Town Code of Ordinances (“Town Code”). Consensus from the Town Commission was to proceed with amendment concept numbers 1 through 4, and 6 while a “no action” option was provided for concept numbers 5 and 7 (see table below). The Commission directed staff to draft an Ordinance on the selected amendment concepts. At the September 17, 2024 Town Commission meeting, the Commission discussed a draft Ordinance and made a motion to send the Ordinance (as amended) to the Planning Board that encompasses approved concepts one (1) through four (4) and asked that the Board discuss and provide more detailed information regarding ladders to include timing, placement, and whether they should be mandatory or voluntary (Moti on carried 5-0). Pursuant to Section 30-44(c) of the Town Code, the Planning Board shall provide a recommendation to the Town Commission on Zoning Code text amendments. PROPOSED AMENDMENT CONCEPT PLANNING BOARD (“Board”) RECOMMENDATION TOWN COMMISSION (4-2-24) 1. Maximum height for AMFs: Base Flood Elevation (BFE) plus 7 feet. Maximum height for AMFs: BFE plus 8 feet. Agree with Board recommendation, include definition of “top of boat lift.” 2. Exempt personal watercraft (PWC) lifts from the requirement that “in no case shall the lift be higher than the superstructure of the boat when lifted” OR remove requirement. Exempt personal watercraft (PWC) lifts from the requirement that “in no case shall the lift be higher than the superstructure of the boat when lifted.” Agree with Board recommendation. 3. Maximum seawall cap width = 3 feet; maximum seawall cap plus dock width = 8 feet. Maximum seawall cap plus dock width at eight (8) feet. Agree with Board recommendation. Page 26 PROPOSED AMENDMENT CONCEPT PLANNING BOARD (“Board”) RECOMMENDATION TOWN COMMISSION (4-2-24) 4. Encroachment into water at 25 feet or 25% of waterway width, whichever is less (measured from the shortest distance adjacent to property line). Encroachment into water for AMFs at 25 feet or 25 percent of the waterway width, whichever is less, (excludes AMFs along the Intracoastal Waterway) to be measured from wetface of seawall or bulkhead. Agree with Board recommendation. 5. 10 foot side setback for all zoning districts. For lots < 100 feet in width, setback is 10% of width; however, setback cannot be less than 5 feet. No side setback for docks Townwide. A minimum 10-foot side setback for all other AMFs Town wide (For lots less than 100 feet in width, setback is 10% of width, setback cannot be less than 5 feet). Such recommendation does not apply to floating vessel platforms which are regulated by Florida Statute. No action. 6. Require a ladder for every 50 feet of dock. Provide one (1) ladder for each 100 feet abutting waterway, canal or lake, for properties less than 100 feet, provide one ladder. The ladder shall be either adjustable or fixed and shall extend into the water at mean low tide. Ladder requirement would be triggered as part of a special exception request. Provide two (2) versions of amendment to include a ladder “requirement” verses a ladder “encouragement.” In addition, exempt single- family residences located on the Intracoastal Waterway from any ladder provision. 7. Maximum seawall height (additional concept, not included in initial proposal) Maximum seawall height: BFE plus one (1) foot. No action. A ladder provision that “encourages” the use of marine-related ladders has been incorporated into the Ordinance as follows: Section 30-68(g)(8): Ladders are permitted on docks, seawalls, finger piers or other mooring facilities. A proposed ladder “requirement” which was previously considered by the Town Commission at their September 17, 2024 meeting is provide d below and is based on the Planning Board’s initial recommendation. For reference purposes, a table of other municipal regulations pertaining to marine-related ladders is attached. Section 30-68(g)(8): *** All properties, with the exception of single-family residences (located within a single-family zoning district) that abut the Intracoastal Waterway, shall provide one (1) ladder for each 100 feet abutting waterway, canal or lake . For properties less than 100 feet, provide one Page 27 ladder. Such ladder requirements shall coincide with a request for special exception. The ladder shall be either adjustable or fixed and shall extend into the water at mean low waterline. The proposed Ordinance also contains non-substantive housekeeping changes including the addition of “designee” where particular Town staff duties are referenced. Rather than referencing each specific staff member that may exert such duties, a general reference to “designee” is more efficient. Effective October 1, 2023, Section 166.041(4), Florida Statutes requires that before the enactment of a proposed ordinance, the governing body of a municipality shall prepare or cause to be prepared a Business Impact Estimate (see attached). PLANNING BOARD RECOMMENDATION: At the November 14, 2024 Planning Board meeting, the Board moved to recommend approval of the proposed amendment to the Town Commission (motion carried 7 -0). HISTORY: A brief history on hearings held and other related matters pertaining to the proposed amendments to the accessory marine facility and seawall regulations are provided below: November 17, 2020 - Town Commission authorized Vice-Mayor Greg Babij to sponsor the review and propose any amendment(s) to the accessory marine structure ordinance provisions (motion carried 5-0). March 15, 2022 – Town Commission considers introduction to proposed amendment concepts regarding the AMF provisions of the Town Code. Commission consensus was to establish a process for review of such amendment concepts to include public participation and review by the Planning Board. April 19, 2022 – Town Commission provides direction in establishing a process for review of amendment concepts as follows: 1. Requests that the Planning Board watch the April 19, 2022 Town Commission discussion on such item (Number 10D). 2. Requests that the Planning Board physically observe the various canal/lot widths and existing AMFs including boat lifts located within the Town. 3. Create maps of the various waterway widths (including canal and lakes). 4. Once Board site observations are complete, staff is to send out notices to all waterfront property owners (west of State Road A1A) prior to the Planning Board meeting where the Board will discuss proposed amendment concepts as provided to the Town Commission on March 15, 2022. May 12, 2022 – Planning Board considers the April 19, 2022 direction provided by the Town Commission regarding Board review process for proposed amendments to the AMF regulations of the Town Code. May 23-27, 2022 – Planning Board participates in individual site observations of the Town waterways via the Police Department’s Marine Patrol Unit (for those Board members who Page 28 do not have access to a boat). Note five (5) of the seven (7) Board members conducted their observations on the Marine Patrol Unit vessel. June 21, 2022 – Town Commission considers a discussion on a “review timeline” for proposed amendment concepts. Consensus from the Commission was to hold neighborhood meetings at the Town library in an effort to engage input from residents on the proposed changes, and that such meetings commence in October or November upon return of seasonal residents. August 16, 2022 - Town Commission considers a discussion on a “review timeline” for proposed amendment concepts. Consensus from the Commission is to hold three (3) evening meetings in early November 2022. December 5, 7,13, 2022 – Public Input Meetings regarding proposed changes (“amendment concepts”) to the AMF and seawall regulations of the Town Code of Ordinances were held at the Town Library. February 7, 2023 – Town Commission discussion on December 2022 Public Input Meetings to include summary and next steps. February 23, 2023 - At the request of the Bel Lido HOA president, staff presented the proposed amendment concepts at the Bel Lido HOA meeting. June 6, 2023 – At the request of the Town Commission, an update on the Planning Board’s ongoing discussion of the amendments concepts was provided to the Commission. June – July 2023 - At the request of the Planning Board, an additional round of individual Board member site observations of the Town waterways was conducted via the Police Department’s Marine Patrol Unit. Note five (5) of the seven (7) Board members participated. September 21, 2023 and October 12, 2023 – The Planning Board approved recommendations on the proposed amendment concepts. For Amendment Concept No. 1, motion carried 5-2 (October 12, 2023), and for Amendment Concepts 2 -7 motion carried 6- 0 (September 21, 2023). November 7, 2023 – The Planning Board’s recommendations were presented to the Town Commission by the Planning Board Chairperson, Eric Goldenberg. ATTACHMENTS: Ordinance. Business Impact Estimate Other municipal regulations pertaining to marine-related ladders. Draft report from Greg Babij. ATM report, 2/11/2022. Public Comment. Page 29 RECOMMENDATION: At the discretion of the Town Commission. Page 30 ORDINANCE NO. 2024- AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING CHAPTER 6, “BUILDINGS AND STRUCTURES,” OF THE TOWN CODE OF ORDINANCES BY AMENDING SECTION 6-128, “APPROVAL REQUIRED FOR BULKHEADS, SEAWALLS, RETAINING WALLS; REQUIRED NOTIFICIATION OF ABUTTING PROPERTY OWNERS,” TO PROVIDE A MAXIMUM SEAWALL CAP AND DOCK WIDTH; AMENDING CHAPTER 30, “ZONING,” BY AMENDING SECTION 30-68, “SUPPLEMENTAL DISTRICT REGULATIONS,” TO PROVIDE A MAXIMUM HEIGHT FOR BOAT LIFTS, A MAXIMUM EXTENSION FOR ACCESSORY MARINE FACILICITIES INTO CANALS AND LAKES, A MAXIMUM SEAWALL CAP AND DOCK WIDTH, AND LADDER REGULATIONS AND AMENDING SECTION 30-131, “DEFINITION OF TERMS,” TO PROVIDE DEFINITIONS THAT PERTAIN TO ACCESSORY MARINE FACILITIES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY AND CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town of Highland Beach, Florida, is a duly constituted municipality having such power and authority conferred upon it by the Florida Constitution and Chapter 166, Florida Statutes; and WHEREAS, on November 17, 2020, the Town Commission authorized Vice-Mayor Greg Babij to sponsor a review and propose any amendment(s) to the accessory marine structure ordinance provisions; and WHEREAS, on March 15, 2022, the Town Commission considered an introduction to proposed amendment concepts regarding the accessory marine facility provisions of the Town Code; and WHEREAS, on April 19, 2022, the Town Commission provided direction in establishing a process for review of the amendment concepts; and WHEREAS, on June 21, 2022 and August 16, 2022, the Town Commission considered a discussion on a review timeline for the proposed amendment concepts and agreed to hold three (3) evening meetings at the Town Library in an effort to engage input from residents; and Page 31 WHEREAS, on December 5, 7, and 13, 2022, Public Input Meetings were held on the proposed amendment concepts to the accessory marine facility and seawall regulations of the Town Code of Ordinances; and WHEREAS, on February 7, 2023, the Town Commission agreed to have the Planning Board review the proposed amendment concepts and provide their recommendations to the Town Commission; and WHEREAS, on September 21 and October 12, 2023, the Planning Board provided their recommendations on the proposed amendment concepts to the Town Commission; and WHEREAS, on April 2, 2024, the Town Commission agreed to move forward with five (5) of the seven (7) amendment concepts, and directed staff to draft an Ordinance accordingly; and WHEREAS, the Town Commission of the Town of Highland Beach has determined that the amendment to the Code of Ordinances is in the best interest of the Town of Highland Beach; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA that: SECTION 1. The foregoing facts and recitations contained in the preamble to this Ordinance are hereby adopted and incorporated by reference as if fully set forth herein. SECTION 2. The Town Commission hereby amends Chapter 6 “Buildings and Structures,” Article V “Seawalls; Bulkheads; Retaining Walls,” Section 6-128 “Approval required for bulkheads, seawalls, retaining walls; required notification of abutting property owners” to read as follows (additional language underlined and deleted language stricken through): Sec. 6-128. - Approval required for bulkheads, seawalls, retaining walls; required notification of abutting property owners. (a) No bulkhead, seawall, or retaining wall shall be erected or constructed in any water, canal or lake, or on land abutting thereon, within the limits of the town, unless plans and specifications have been submitted to and approved by all federal, state and county agencies with jurisdiction over such construction activities, the planning board and the town consulting engineer, with a copy of such plans and specifications being filed with the town. The planning board shall review applications under this section as special exceptions. (b) All seawalls west of State Road A1A shall be at base flood elevation (BFE) or higher as provided by the FEMA FIRM maps. The maximum combined seawall cap and dock width shall Page 32 not exceed eight (8) feet as provided in Section 30-68(g)(6)b. All seawalls on the Intracoastal Waterway and the Atlantic Ocean shall, at the discretion of the town engineer, have rip rap at the base to dissipate the wave energy and to protect the berm. SECTION 3. The Town Commission hereby amends Chapter 30 "Zoning Code,” Article IV “Zoning Districts,” Section 30-68 “Supplemental district regulations” to read as follows (additional language underlined and deleted language stricken through): Sec. 30-68. – Supplemental district regulations. *** (g) Accessory marine facilities: (1) Accessory use. Accessory marine facilities, including docks, piers, launching facilities, boat basins, freestanding pilings and lifting and mooring devices, are permitted as accessory uses in all residential zoning districts. Accessory marine facilities shall be reviewed as special exceptions by the planning board which shall be the final authority on all applications unless the accessory marine facility is part of a site plan submittal or other application requiring town commission approval as provided for in section 30-36. a. Accessory marine facilities shall not be used for commercial purposes. b. Accessory marine facilities shall be used only by residents or their guests, and shall not be rented or leased to nonresidents or any other person other than owners or residents of the principal dwelling or dwellings. For the purpose of this section, the term guest shall mean a person or persons residing in a dwelling unit for a limited period of time, not to exceed a period of sixty (60) days within one calendar year, at the invitation of the owner or resident of the dwelling. c. Accessory marine facilities shall not be a hazard to navigation. (2) Boat basins. Boat basins are allowed in all zoning districts and reviewed by a special exception, subject to the additional standards listed below: a. The edge of any improvements associated with a boat basin shall be located at least twenty-five (25) feet from side property lines. b. The total length of improvements associated with a boat basin shall not exceed one- third (33.3%) of the length of the property line in which the basin is located. c. Not more than twenty-five (25) percent of any boat moored in a boat basin may extend waterward of property line in which the basin is located. Page 33 d. The town, at the expense of the applicant, may utilize appropriate marine, engineering, construction, and related professionals to review all aspects of such application. Such professionals shall be utilized to ensure compliance with the requirements herein, to ensure a proposed basin will not be a hazard to navigation, and to ensure a proposed boat basin will not pose a potential hazard, via erosion or other action, to the stability of neighboring properties. (3) Lifting devices. The installation of lifting devices or other means of securing boats (but not a boat dock) is allowed in all zoning districts. The maximum height for lifting devices shall be at base flood elevation (BFE), as provided by the FEMA FIRM maps, plus eight (8) feet. Lifting device height shall be measured to the top of the lift structure including mechanical equipment. In addition to the requirements for a special exception, the planning board must also find that the lifting device will provide adequate protection of neighboring property and that there is no infringement of standard navigational practices. (4) Boats and setbacks. When moored, any portion of a boat shall not extend beyond any property line, as extended waterward. (5) Enclosures. Accessory marine facilities shall not be enclosed with walls, roofs, or any other structures or improvements. (6) Installation. Accessory marine facilities shall comply with the installation standards listed below: a. In waterways not regulated by the U.S. Army Corps of Engineers or other governmental regulatory agency, docks and mooring facilities structures shall not extend into the water more than twenty-five feet (25’) or twenty-five percent (25%) of the waterway width, whichever is less (excludes docks and mooring facilities located along the Intracoastal Waterway), measured from the wet face of the seawall or bulkhead not extend into any waterway more than five (5) feet. b. In waterways regulated by the U.S. Army Corps of Engineers, The maximum combined seawall cap and dock width shall not exceed eight (8) feet. docks and mooring structures may extend to that distance allowed by said agency. c. Measurement of the width or length of a dock, as applicable, shall be made from the property line. d. Marine facilities shall comply with the side yard setbacks listed below. Page 34 1. Single-family zoning districts: Twenty-five (25) feet; provided, however, the side yard setback shall be fifteen (15) feet for any single-family lot with a lot width of fifty (50) feet or more but less than seventy (70) feet. For those lots with less than fifty (50) feet abutting the water, the planning board may grant a special exception for the installation of a seawall mounted davit type lifting device (but not a dock structure) after being satisfied as to the protection of neighboring property and no infringement of standard navigation practices. 2. Multifamily zoning districts: Five (5) feet, measured from the perimeter property lines. In multifamily residential zoning districts, marine facilities shall be exempt from side yard setback requirements for all interior lot lines. (7) Perpendicular docking. Unless otherwise provided herein, boats shall not be moored or docked perpendicular to the property at which they are located. a. A boat moored at the landward end of a canal constructed for boat docking purposes may be moored perpendicular to the property line, provided such mooring does not impede the navigation of adjacent property owners. b. A boat moored in the Intracoastal Waterway may be moored perpendicular to the property line, subject to approval by the U.S. Army Corps of Engineers. c. A request for perpendicular docking of a boat in a canal shall be considered as a special exception by the planning board. Applications for development order approval of perpendicular docking of boats shall be subject to all standards applicable to a special exception request, and the additional criteria contained herein: 1. Location of docks, docked boats, and relation to side setbacks shall be established by the waterward extension of property lines. 2. Perpendicular docking of boats shall not interfere with navigation of other boats within the affected canal, and will not be a hazard to navigation. 3. Perpendicular docking of boats shall comply with all setbacks required for accessory marine facilities. 4. Docks or accessory mooring facilities approved by the planning board for perpendicular docking of boats may exceed the maximum extension into a waterway allowed for accessory marine facilities. 5. The building official or designee, or planning board may request evidence, prepared by a recognized marine expert, demonstrating the following: Page 35 i. Proposed perpendicular docking and related accessory marine facilities will not reasonably deny or otherwise limit the ability of abutting or adjacent property owners to construct accessory marine facilities; ii. Proposed perpendicular docking and related accessory marine facilities will not reasonably deny or otherwise limit the normal ability of abutting or adjacent property owners to moor, maneuver, use or otherwise move a boat; and iii. Proposed perpendicular docking and related accessory marine facilities will not deny reasonable visual access of abutting property owners to public waterways. (8) Ladders are permitted on docks, seawalls, finger piers or other mooring facilities. (h) Dolphins, freestanding pilings, boat lifts, docks, and moorings: (1) Installation. In order to be installed, dolphins, freestanding pilings, boat lifts, docks, and moorings (collectively "mooring facilities") shall comply with all standards listed below: a. The installation shall be subject to special exception approval by the planning board at an advertised public hearing. b. The mooring facilities will be located in a canal or waterway at least eighty (80) feet in width. c. The mooring facilities will not create a hazardous interference with navigation, endanger life or property, or deny the public reasonable visual access to public waterways. d. Construction of all mooring facilities shall require a building permit. (2) Public notice. In addition to the requirements of section 30-46, written notice must be provided by first class mail to owners of property abutting the canal and located within five hundred (500) feet, as measured from both property lines along the canal bank, of the property in question. (3) Documentation. The building official or designee, or planning board may, in the exercise of their discretion, request evidence, prepared by a recognized marine expert, demonstrating the proposed mooring facilities will not be a hazard to navigation and will not deny reasonable visual access to public waterways. (4) Adjacent property. Installation of the mooring facilities shall not cause a hazardous interference with navigation, endanger life or property, or deny the adjacent property owners or public reasonable visual access to the public waterway. (5) Navigation. Installation of such mooring facilities shall not infringe upon standard navigational practices that are or may be used by abutting property owners. Page 36 (6) Floating docks. Floating docks are permitted, subject to conformance with all zoning code requirements herein and compliance with all applicable building codes. *** SECTION 4. The Town Commission hereby amends Chapter 30 "Zoning Code,” Article VIII “Definitions,” Section 30-131 “Definitions of terms” to read as follows (additional language underlined and deleted language stricken through): Sec. 30-131. – Definitions of terms. *** Boat lifts means the bottom of the keel of any boat shall not be hoisted greater than one foot above the existing minimum seawall elevation. In no case shall the lift be higher than the superstructure of the boat when lifted except for personal watercraft including jet skis. Dolphin pilings means that the dolphin piling shall be marine grade wood pilings with a minimum butt diameter of twelve (12) inches. Concrete pile is prohibited. Dolphin pilings shall not extend into the water more than A maximum of twenty-five (25’) feet or twenty-five percent (25%) thirty (30) percent of the waterway canal width, whichever is less (excluding such pilings located along the Intracoastal Waterway), shall be allowed, measured from the wet face of the seawall or bulkhead property line. Setback shall be no further than the primary structures side yard setback. The minimum height shall be six (6) feet above mean high water (MHW) and the maximum shall be eight (8) feet above MHW. All pilings shall have a reflective tape no more than two (2) inches below the top of the piling and should be four (4) inches in width of the complete circumference. *** SECTION 5. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. SECTION 6. Repeal of Laws in Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 7. Codification. Section 2 of the Ordinance shall be made a part of the Town Code of Ordinances and may be re-numbered or re-lettered to accomplish such, and the word “ordinance” may be changed to “section,” “division,” or any other appropriate word. Page 37 SECTION 8. Effective Date. This Ordinance shall be effective immediately upon adoption at second reading and shall only apply prospectively. The forgoing Ordinance was moved by ________________________________________, seconded by ___________________________________ and upon being put to the vote, the vote was as follows: VOTES: YES NO Mayor Natasha Moore ____ ____ Vice Mayor David Stern ____ ____ Commissioner Evalyn David ____ ____ Commissioner Donald Peters ____ ____ Commissioner Judith M. Goldberg ____ ____ PASSED on first reading at the Regular Commission meeting held on this _____ day of ___________, 2024. The forgoing Ordinance was moved by ________________________________________, seconded by ___________________________________ and upon being put to the vote, the vote was as follows: VOTES: YES NO Mayor Natasha Moore ____ ____ Vice Mayor David Stern ____ ____ Commissioner Evalyn David ____ ____ Commissioner Donald Peters ____ ____ Commissioner Judith M. Goldberg ____ ____ PASSED AND ADOPTED on second and final reading at the Regular Commission meeting held on the _____ day of ___________, 2024. _________________________ Natasha Moore, Mayor ATTEST: REVIEWED FOR LEGAL SUFFICIENCY ______________________________ ______________________________ Lanelda Gaskins, MMC Leonard G. Rubin, Town Attorney Town Clerk Town of Highland Beach Page 38 1 Posted: October 03, 2024 Business Impact Estimate This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on the Town’s website by the time notice of the proposed ordinance is published. Proposed ordinance’s title: AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING CHAPTER 6, “BUILDINGS AND STRUCTURES,” OF THE TOWN CODE OF ORDINANCES BY AMENDING SECTION 6-128, “APPROVAL REQUIRED FOR BULKHEADS, SEAWALLS, RETAINING WALLS; REQUIRED NOTIFICIATION OF ABUTTING PROPERTY OWNERS,” TO PROVIDE A MAXIMUM SEAWALL CAP AND DOCK WIDTH; AMENDING CHAPTER 30, “ZONING,” BY AMENDING SECTION 30- 68, “SUPPLEMENTAL DISTRICT REGULATIONS,” TO PROVIDE A MAXIMUM HEIGHT FOR BOAT LIFTS, A MAXIMUM EXTENSION FOR ACCESSORY MARINE FACILICITIES INTO CANALS AND LAKES, A MAXIMUM SEAWALL CAP AND DOCK WIDTH, AND LADDER REGULATIONS AND AMENDING SECTION 30-131, “DEFINITION OF TERMS,” TO PROVIDE DEFINITIONS THAT PERTAIN TO ACCESSORY MARINE FACILITIES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY AND CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the Town is of the view that a business impact estimate is not required by state law1 for the proposed Ordinance, but the Town is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed Ordinance. This Business Impact Estimate may be revised following its initial posting. ☐ The proposed ordinance is required for compliance with Federal or State law or regulation; ☐ The proposed ordinance relates to the issuance or refinancing of debt; ☐ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ☐ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; ☐ The proposed ordinance is an emergency ordinance; ☐ The ordinance relates to procurement; or ☐ The proposed ordinance is enacted to implement the following: a. Development orders and development permits, as those terms are defined in s. 163.3164, and development agreements, as authorized by the Florida Local Government Development Agreement Act under ss. 163.3220 -163.3243; 1 See Section 166.041(4)(c), Florida Statutes. Page 39 2 Posted: October 03, 2024 b. Comprehensive plan amendments and land development regulation amendments initiated by an application by a private party other than the municipality. c. Sections 190.005 and 190.046; d. Section 553.73, Florida Statutes, relating to the Florida Building Code; or e. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the Town hereby publishes the following information: 1. Summary of the proposed ordinance including a statement of the public purpose to be served, such as serving the public health, safety, morals and welfare of the municipality. This Town-initiated Ordinance provides amendments to the accessory marine facility and seawall regulations of the Town Code of Ordinances. On November 17, 2020, the Town Commission of the Town Highland Beach authorized a review and proposal of any amendments to the accessory marine structure provisions in the Town Code of Ordinances. On March 15, 2022, the Town Commission considered an introduction to proposed amendment concepts that provide “clarity” on existing accessory marine facility regulations. Subsequently, three (3) public input meetings were held on December 5th, 7th, and 13th, 2022. In September and October of 2023, the Town’s Planning Board (Local Planning Agency) provided their recommendations on the proposed amendment concepts to the Town Commission. On April 2, 2024 the Town Commission agreed to proceed with five (5) of the seven (7) amendment concepts, and requested that staff provide an Ordinance. 2. An estimate of the direct economic impact of the proposed ordinance on private, for-profit businesses in the Town, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur if the Ordinance is enacted; (b) Identification of any new charge or fee on businesses, or for which businesses will be financially responsible; and (c) An estimate of the Town’s regulatory costs, including estimate of revenues from any new charges or fees that will be imposed on businesses to cover such costs. The Ordinance will have no direct economic impact on the one (1) existing private, for- profit business in the Town. 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: The Town has one (1) existing private business (Delray Sands Resort). 4. Additional information the governing body deems useful (if any): Page 40 MARINE LADDER REGULATIONS MUNICIPALITY CODE REGULATION Boca Raton For docks, provide at least 1 ladder extending from dock surface to 2 feet below mean low water. For docks in excess of 50 ft in length, 2 ladders shall be provided. Manalapan Ladders are permitted on docks. Gulf Stream For docks in single-family residential district, ancillary structures such as swim ladders are permitted Delray Beach For a dock, at least one ladder extending from the dock surface to two feet below the mean low waterline. For finger piers and docking facilities for 2 or more boats, at least 1 ladder for each 50 feet of finger pier length or major fraction (over 50%) thereof, extending from the dock surface to 2 ft below the mean low waterline. Where 2 finger piers or more are on the same property, at least 1 ladder shall be provided for each finger pier. For a dock, or combination of docks serving the same property and exceeding 50 ft in aggregate length, at least one ladder for each 50 feet of dock length or major fraction (over 50%) thereof extending from the dock surface to two feet below the mean low waterline. Where two or more docks serve the same property, at least one ladder shall be provided for each dock. Lighthouse Point All docks shall be provided with safety ladders from the dock or pier to the low-water mark of the canal. -Note, Juno Beach and Jupiter have no code provisions specific to marine ladders. Page 41 DRAFT Proposed Revisions to Marine Accessory Ordinances Abstract: The existing marine accessory ordinances lack some detail and it is recommended they are enhanced to provide clarity on topics that have been a source of ambiguity and contention. Items like maximum allowable height of marine accessories, ambiguity around jetski lifts vs. boat lifts, and the process of dealing with marine accessories in where there is a discontinuity in the waterway (i.e corner lots, end of canals) have all been points of contention between residents and the Building Department, due to lack of detail. Additionally, this is an opportune time to consider revising certain other components of the current ordinances to address anticipated future conflicts or in some cases better conform with code used by surrounding towns. While reviewing the recommended changes, it may be beneficial to envision the concept of a 3- dimensional box that sits on the rear property line of any waterfront lot. Marine accessories must completely fit within the box to be permissible. Otherwise, they would be required to go through the process of obtaining a variance. Summary of Recommendations 1)Define a Maximum Allowable Height of Marine Accessories: Recommended Maximum Height: Base Flood Elevation plus 7 feet. There have been multiple debates around what is an acceptable height of boat lifts. The current codes only state that a boat lift shall not be higher than the superstructure of the boat when lifted, but is silent on how high up in the air the combined boat lift and boat can be. This leaves open the potential for installing boatlifts on top of excessively high pilings, as long as the boat lift is fully retracted so the boat will be higher than the lift itself. It is recommended that the “height” of the 3 dimensional box behind any waterfront property be Base Flood Elevation plus 7 feet. Referencing Base Flood Elevation allows the ordinance to be dynamic with sea level rise, as it is a reference datum that has been occasionally revised higher by the US Government in conjunction with the sea level. Pilings, and also the boat lift components must not be higher than this recommended maximum allowable height. 2)Amend existing language related to Jetski (Personal Watercraft) Lifts The current codes are excessively onerous for jetski lifts, relative to boat lifts. As Section 30-131 is written, the bottom of the keel of any boat shall not be hoisted greater than one foot above the minimum seawall elevation, and in no case shall the lift be higher than the superstructure of the boat when lifted. Because of the low vertical profile of a jetski (3 feet) relative to the vertical profile of a boat lift (7 feet), a boat lift can be installed to hold a boat, but the very same boat lift would not be permissible if it is used to instead lift a jetski. Page 42 It is recommended the current code be amended by either by removing the section that states in no case shall the lift be higher than the superstructure of the boat when lifted, or simply exempt jet skis (personal watercraft) from this code. 3) Define a maximum width of a seawall cap and also a maximum width of a dock out into the water. Recommended maximum new seawall cap width of 3 feet as measured from the property line Recommended maximum dock plus seawall cap width of 8 feet as measured from the property line As properties are redeveloped and seawalls are replaced, there exists the potential for residents to look to “extend” their effective usable property out into the water by building a new seawall outside of the existing seawall. There is also the potential for properties to get extended by pouring excessively wide seawall caps on top of new seawalls and building excessively wide docks. By limiting the maximum seawall cap width from the property line, and also the maximum distance the seawall cap plus dock can extend from the property line, the risk of one property owner effectively creating their own peninsula is minimized. It is recommended that the waterside edge of any new seawall cap be limited to 3 feet from the property line, whether it is on top of a new wall, or is a cap raise on top of an existing wall. Additionally, it is recommended that any new dock built is limited to a maximum distance of 8 feet out into the water as measured from the property line. This would allow for the outer edge of neighboring docks to all be limited to the same distance from the property line regardless of seawall cap size. For example, if a property has a 2 foot wide seawall cap, then that property would be allowed to have a 6 foot wide dock, and meet the maximum combined width of 8 feet. While if a neighboring property has a 3 foot wide seawall cap, they would be limited to a dock width of 5 feet. Lastly it is recommended that language be added into the code to limit the installation of no more than 1 new seawall outside of the original property seawall that abuts the property line. This eliminates the risk that new seawalls are repeatedly installed on the waters edge side of existing seawalls, which would effectively create a man-made peninsula. 4) Define a Maximum Distance that Marine Accessories can Extend into the Water Recommended Maximum Distance: The lesser of 25 feet from the property line or 25% of the waterway width. This recommendation can be thought of as the perpendicular edge of the 3 dimensional box, as measured from the property line straight out into the water. The town codes [Sec. 30-68(g)(6)a and b] simply defer to the Army Core of Engineers for approval of distance into water. It is recommended that the maximum distance be limited to the lesser of 25 feet or 25% of the width of the canal or waterway. Additionally, this distance will be measured from the shortest distance between the two properties in question. This maximum distance of 25 feet is not an arbitrary value. It was chosen to allow residents to mix and Page 43 match combinations of seawall cap widths, dock widths and boat lift widths of reasonable size without having to obtain a variance. The chart below shows the various widths of boatlifts ranging from small boats to very large boats. For illustration, a typical 40 ft powerboat may weigh 30,000 to 40,000 lbs., and that lift is 16 ft wide (center to center) which is 17 ft wide when measured to the outsides of all pilings. This very standard lift size could be installed at any home that has also conformed to the recommended seawall cap and dock widths, and stay at the 25 ft maximum distance: 3 ft seawall cap + 5 foot dock + 17 foot boatlift = 25 ft. On the larger end of the spectrum, a 120,000 lb boatlift could hold about the largest size boat an owner would probably want to be able to lift behind a residential property. That boatlift is 22 ft wide center to center, which would be 23 feet wide to the outsides of the pilings. This “mega lift” could still fit in a back yard, but it would have to be right up against a seawall cap, as there is no room for a dock. Early seawall caps were 2 feet wide, and newer caps are 2.5 feet to 3 feet wide. Also note this lift could be installed at a property that has a 3 foot new cap, by notching out 1 foot where the inside pilings are installed. And again this is an extreme outlier example. A much more typical boat lift for very large boats would be a 50,000 or 60,000 or even possibly an 80,000 lb. lift and the widths there easily stay within the maximum 25 foot threshold with a 3 foot wide seawall cap. I am not sure Highland Beach has ever had a request to install an 80,000 or 120,000 lb. boatlift, as those are a very rare size. 5) Amend Side setbacks to utilize a smoothed definition instead of the complicated step function definition. Additionally apply the new definition to all property types. The current town codes utilize a step function where the side setbacks jump at discrete intervals. For example, if a single family zoned property is 71 feet wide, the side setbacks are 25 feet on each side. Comparatively, if a single family zoned property is 69 feet wide, the side setbacks are 15 feet on each side. Additionally, there exists a different set of side setbacks for single family zoning vs multi-family zoning. Multi-family zoning has a zero foot setback. It is recommended that the side setbacks be a smoothed function and are less for smaller properties so Page 44 as to enhance the ability to utilize the water frontage. It is also recommended that the same set of rules apply to all properties equally, regardless of zoning. Recommendations for Side setbacks: -For properties with waterline length of 100 feet or more: 10 foot side setback on either side. This setback matches surrounding towns such as Boca Raton, Hillsboro Beach, and Ocean Ridge. -For properties with waterline length of less than 100 feet: the side setbacks are proposed to be 10% of property waterline length on either side, with a minimum setback of 5 feet, on either side. Utilizing this framework, a 71 foot wide property would have side setbacks of 7.1 feet, and a 69 foot property would have side setbacks of 6.9 feet. Lastly, it is recommended that the current code clarify that with measurements will be made based on the assumption that a lot line is extended beyond said property line on a line perpendicular to the seawall or bulkhead. This clarification will provide clarity when measurements are being made with properties that have lot lines that are not perpendicular to the seawall, such as pie shaped lots. 6) Require a Ladder for every 50 feet of dock. This is simply a requirement in most surrounding towns and our code is silent. 7) Strengthen existing language on the approval process of marine accessories in areas where there is a discontinuity in the waterway by acknowledging that they are a “special case” and external expertise will be utilized. The majority of conflicts are associated with areas where there is a discontinuity in the waterway such as an abrupt restriction in the waterway width, end of canals, or corner lots or lots that extend into a waterway. The current code is a bit nebulous around these more complicated properties, and in some cases boatlifts have previously been installed in locations where one property owner is inadvertently restricting or blocking an adjacent property owner of the ability to also install a boatlift. This situation was discussed extensively with the Marine Consultant, and in his expert opinion, no code can be written to address every possible potential scenario within the town. His recommend course of action is to treat any property that has a small water frontage (perhaps less than 50 feet) or that has a discontinuity in the waterway as “a special case.” In these special cases, the standard procedure will be to consult with a marine expert who will make recommendations to the planning board on locations and maximum permissible sizes of marine accessories, with the intention of making sure all surrounding property owners are not having their ability to also utilize the waterway restricted. The code already allows for outside experts for review of development approval requests via Sec. 30-12. The recommended code change is simply to clarify to all parties that a consultation with a marine consultant along with a consultant recommendation to the planning board will be part of the approval process in these special cases. The planning board can then decide what will be permitted. If a resident disagrees with the planning board’s approval, and feels that their access is being restricted as a result of a marine accessory installation, they can seek remedy through the court system. Page 45 Page 46 2047 Vista Parkway, Suite 101 | West Palm Beach, FL 33411 | 561.659.0041 2/11/22 Ingrid Allen Town Planner Town of Highland Beach 3614 S. Ocean Boulevard Highland Beach, FL 33487 Re: Accessory Marine Facility Code Amendments Relative to Boat Lifts Town of Highland Beach Ms. Allen, This correspondence is provided as additional discussion and opinion regarding changes to Town of Highland Beach code relative to ‘Accessory Marine Structures’ and specifically boat lifts as defined within sec. 30-68 of municipal code. Items are discussed relative to potential changes to specific requirements of the current code. 1. Requirement for Accessory Marine Facilities to receive Planning Board approval The requirement that all accessory marine facilities receive planning board approval (ref. Sec. 30-68 Supplemental district regulations (g)(3)) is not a common requirement within coastal communities. Boat lifts are generally allowed with restrictions without planning board approval. Board approval is typically reserved for sites with special and unique circumstance (see item 6. below) or for variance requests from the standard provisions defined in code. The requirements for lift installation are generally defined by code in terms of limitations to the location (setback) and overall size of the structure. These limitations meet the intent to minimize impacts to adjacent properties, allow for safe navigation and minimize impacts to view. 2. Requirement of setbacks for all zoning districts Page 47 Page 2 of 3 2047 Vista Parkway, Suite 101 | West Palm Beach, FL 33411 | 561.659.0041 Requirements for minimum setbacks for all zoning districts are a standard practice and are a key provision to meet the intent to minimize impacts to adjacent properties, allow for safe navigation and minimize visual impacts. The zero-foot setback for multi-family zoning within the Town’s current code is anomalous and does not provide a sufficient setback to meet the intent. Required minimum setbacks for boatlifts and docks vary considerably by jurisdiction. The nominal width of lots within a municipally are generally relevant to this provision. Areas with larger lots tend to have larger setback requirements, while areas with smaller lots have lesser setback requirements to allow for reasonable use. 3. Limits to waterway encroachment Limitations to the distance structures can encroach into a waterway are a standard practice and meet the intent to allow for safe navigation and minimize impacts to adjacent properties and views. Encroachment maximum distances on the order of 25 feet (relative to the waterway edge) are fairly common, though additional restrictions for narrow waterways are also common practice. In general, a fifty-foot effective fairway width is a common design standard for residential canals. 4. Limitations to pile maximum height Limitations to maximum pile height is not a common practice but does meet the intent to minimize impacts to view. This approach also addresses a related issue relative to overall vessel size. Limitations to pile height restrict the ability to lift vessels beyond a certain size which addressed both issues of view and waterway navigability. In terms of maximum height, it should be defined relative to a fixed vertical datum. Pile heights generally on the order of 12 feet (NAVD 88) (which equates to something on the order of 8 feet above dock height) meet the lifting requirements for most vessels. 5. Limits to seawall cap and dock width Limitations to Sewall cap and dock total width meets the intent to limit impacts to adjacent properties, waterway navigability and view. A total width of 8 feet (inclusive of the seawall cap and dock) is consistent with general practice. Page 48 Page 3 of 3 2047 Vista Parkway, Suite 101 | West Palm Beach, FL 33411 | 561.659.0041 6. Special and unique circumstances - Sewall discontinuities and corner lots Regulation of boat lifts through minimum setbacks, size and height limitations are generally sufficient to meet the intent to minimize impacts to adjacent properties, allow for safe navigation and minimize impacts to view for waterways that are generally unform in dimension adjacent to the regulated property. The majority of conflicts are associated with areas where there is a discontinuity in the waterway such as an abrupt restriction in the waterway width, corner lots or lots that extend into a waterway. Application of uniform code provisions to address these areas are problematic as each circumstance is unique and requires consideration of the specific current and intended use and access to the waterway. These issues are further complicated by the range of boat types, sizes and performance characteristics which may be germane to both the use and potential for impact to adjacent properties. Such instances likely warrant further consideration by the Planning Board. Sincerely, Applied Technology & Management, Inc. Michael G. Jenkins, Ph.D., P.E. Coastal Engineering Principal Printed copies of this document are not considered signed and sealed and the signature must be verified on any electronic copies. Michael G Jenkins Digitally signed by Michael G Jenkins Date: 2022.02.24 09:00:36 -05'00' Page 49 PUBLIC COMMENT Page 50 From:Jaclyn Dehart To:Ingrid Allen; Eric Goldenberg (gldnbrg@gmail.com); Ilyne Mendelson (msirm1@gmail.com); Rbrown4314@gmail.com; David Powell; Jason Chudnofsky; David Axelrod; eve rosen Subject:FW: Public Comment for Planning Board 11/14/2024 Date:Tuesday, November 12, 2024 2:25:26 PM Attachments:image001.png Good afternoon All, Please see the below email (public comment) that will be placed on the dais for Thursday’s meeting. Thank you. Best Regards,Jaclyn DeHartDeputy Town Clerk Town of Highland Beach3614 S. Ocean BoulevardHighland Beach FL 33487(561) 278-4548 Office(561) 265-3582 Faxwww.highlandbeach.us PLEASE NOTE: Florida has a very broad public records law. Most written communications to or from the Town of Highland Beach officials and employees regarding public business are public records available to the public and media upon request. Your e-mail communications may be subject to public disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. The views expressed in this message may not necessarily reflect those of the Town of Highland Beach. From: Lanelda Gaskins <lgaskins@highlandbeach.us> Sent: Tuesday, November 12, 2024 1:59 PM To: maureengarrett@sbcglobal.net Cc: tarrag@aol.com; Jaclyn Dehart <jdehart@highlandbeach.us>; Public Comments <publiccomments@highlandbeach.us> Subject: RE: Public Comment for Planning Board 11/14/2024 Hello, Your public comments were received for the November 14, 2024 Planning Board Regular Meeting. Best Regards,Lanelda Gaskins, MPA, MMC, FCRMTown Clerk / Custodian of Public Records Town of Highland Beach3614 S. Ocean Boulevard Page 51 Highland Beach FL 33487(561) 278-4548 Office(561) 265-3582 Faxwww.highlandbeach.us PLEASE NOTE: Florida has a very broad public records law. Most written communications to or from the Town of Highland Beach officials and employees regarding public business are public records available to the public and media upon request. Your e-mail communications may be subject to public disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. The views expressed in this message may not necessarily reflect those of the Town of Highland Beach. From: maureengarrett@sbcglobal.net <maureengarrett@sbcglobal.net> Sent: Tuesday, November 12, 2024 12:40 PM To: Lanelda Gaskins <lgaskins@highlandbeach.us> Cc: maureengarrett@sbcglobal.net; tarrag@aol.com Subject: Public Comment for Planning Board 11/14/2024 Ms. Gaskins: Please submit this for public comment for the planning board scheduled 11/14/2024. If you would be so kind to confirm receipt. Thank you In opposition to the following proposed amendment concepts 1. Increasing the seawall cap plus dock to 8 ft - there is no justification in support of this change and creates navigational hazards to adjacent property owners 2. Encroachment into water at 25 ft or 25% of waterway width - completely disregards the concept of blocking neighbors’ ingress and egress specifically those with odd shaped/pie shaped/non-perpendicular property lines. 3. 10 feet set back - there is no justification in support of this change other than boaters wanting bigger boats; creates navigational hazards to adjacent property owners and completely disregards the concept of blocking neighbors’ ingress and egress specifically those with odd shaped/pie shaped/non-perpendicular property lines. 4. ladders every 50 feet - creates an attractive nuisance (to children), increase criminal home invasion opportunity and concerns of liability for homeowners. Ordinance 30-68 in its entirety fails to define terms within the ordinance and fails to consistently use the same terms throughout. For example: marine facilities vs. accessory marine facilities; mooring facilities vs. mooring devices vs. mooring structures and floating vessel platforms vs. floating docks. These terms undefined are confusing and misleading. Finally, the Ordinance needs "catch all" language giving the town authority to enforce "all marine structures." The Garretts Page 52 Page 53 Page 54 Page 55 Page 56 Page 57 Page 58 Page 59 Page 60 Page 61 Page 62 Page 63 Page 64 Page 65 Page 66 Page 67 Page 68 Page 69 Page 70 Page 71 Page 72 Page 73 Page 74 Page 75 Page 76 Page 77 Page 78 Page 79 Page 80 Page 81 Page 82 Page 83 Page 84 Page 85 Page 86 Page 87 Page 88 Page 89 Page 90 Page 91 Page 92 Page 93 Page 94 Page 95 Page 96 Page 97 Page 98 Page 99 Page 100 Page 101 Page 102 Page 103 Page 104 Page 105 Page 106 Page 107 Page 108 Page 109 Page 110 Page 111 Page 112 Page 113 Page 114 Page 115 Page 116 Page 117 Page 118 Page 119 Page 120 Page 121 Page 122 Page 123 Page 124 Page 125 Page 126 Page 127 Page 128 Sold To: Town of Highland Beach Florida - CU00661788 3614 S Ocean Blvd Highland Beach FL 33487,FL 33487-3393 Bill To: Town of Highland Beach Florida - CU00661788 3614 S Ocean Blvd Highland Beach FL 33487,FL 33487-3393 Published Daily Fort Lauderdale, Broward County, Florida Boca Raton, Palm Beach County, Florida Miami, Miami-Dade County, Florida State Of Florida County Of Orange Before the undersigned authority personally appeared Rose Williams, who on oath says that he or she is a duly authorized representative of the SUN- SENTINEL, a DAILY newspaper published in BROWARD/PALM BEACH/MIAMI-DADE County, Florida; that the attached copy of advertisement, being a Legal Notice in: The matter of 11720-Notice of Public Meeting , Was published in said newspaper by print in the issues of, and by publication on the newspaper¶s website, if authorized on Sep 30, 2024 SSC_Notice of Public Meeting 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 30, 2024. Signature of Notary Public Name of Notary, Typed, Printed, or Stamped Personally Known (X) or Produced Identification ( ) Affidavit Delivery Method: E-Mail Affidavit Email Address: jdehart@highlandbeach.us 7701118 SUN-SENTINEL Page 129 SUN-SENTINEL Page 130 Order # - 7701118 SUN-SENTINEL Page 131 File Attachments for Item: A. October 15, 2024 Town Commission Meeting Minutes November 19, 2024 Town Commission Meeting Minutes Page 132 TOWN OF HIGHLAND BEACH TOWN COMMISSION MEETING MINUTES TOWN HALL COMMISSION CHAMBERS, 3614 S. OCEAN BLVD., HIGHLAND BEACH, FL Date: October 15, 2024 Time: 1:30 PM 1. CALL TO ORDER Mayor Moore called the meeting to order at 1:30 P.M. 2. ROLL CALL Commissioner Judith Goldberg Commissioner Donald Peters Commissioner Evalyn David Vice Mayor David Stern Mayor Natasha Moore Town Manager Marshall Labadie Town Attorney Leonard G. Rubin Town Clerk Lanelda Gaskins 3. PLEDGE OF ALLEGIANCE The Town Commission led the Pledge of Allegiance to the United States of America. 4. APPROVAL OF THE AGENDA Town Clerk Gaskins added "Building Department Recertification Program Update" to the agenda as Item 8.A. under Unfinished Business. The other agenda items will follow in alphabetical order. 5. PRESENTATIONS / PROCLAMATIONS A. Resolution No. 2024-031 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 Date; and providing for an effective date. Mayor Moore acknowledged Resolution No. 2024-031. Applicant Debbie Muller was present and interviewed by the Town Commission. Page 133 Town Commission Meeting Minutes Date: October 15, 2024 Page 2 of 6 MOTION: David/Peters – A motion was made and seconded to approve Resolution No. 2024-031 appointing Debbie Muller and Diane Matthewman to the Code Enforcement Board. Upon roll call: Commissioner Peters (Yes); Commissioner David (Yes); Commissioner Peters (Yes); Vice Mayor Stern (Yes); and Mayor Moore (Yes). The motion passed unanimously on a 5-0 vote. B. Resolution No. 2024-033 A Resolution of the Town Commission of the Town of Highland Beach, Florida, ratifying the selection, appointments, and term of office o f members of the Board of Adjustments and Appeals; and providing for an effective date. Mayor Moore read the title of Resolution No. 2024-033. Applicant Jane Perlow was present and interviewed by the Town Commission. MOTION: David/Moore – A motion was made and seconded to approve Resolution No. 2024-033. Upon Roll Call: Commissioner David (Yes); Mayor Moore (Yes); Commissioner Goldberg (Yes); Commissioner Peters (No); and Vice Mayor Stern (Yes). The motion passed on a 4 to 1 vote with Commissioner Peters dissenting. 6. PUBLIC COMMENTS (Public Comments will be limited to five (5) minutes per speaker). The below individuals spoke during public comments. Mr. Howard Stoll Ms. Lucy Stoll Mr. Douglas Karpf Ms. Meryl Markowitz Ms. Maureen Garrett Mr. David Neuman Ms. Diane Sapura Mr. Mario Techara 7. ORDINANCES (Public Comments will be limited to three (3) minutes per speaker per item after Commission initial discussion.) None. Page 134 Town Commission Meeting Minutes Date: October 15, 2024 Page 3 of 6 8. CONSENT AGENDA (These are items that the Commission typically does not need to discuss individually, and which are voted on as a group.) Public Comments will be limited to three (3) minutes per speaker per item after Commission initial discussion. A. Approval of Meeting Minutes September 17, 2024 Town Commission Meeting Minutes September 18, 2024 Town Commission Second Public Hearing Budget Meeting MOTION: David/Goldberg – A motion was made and seconded to approve the Consent Agenda as presented. The motion passed unanimously 5 to 0. 9. UNFINISHED BUSINESS (Public Comments will be limited to three (3) minutes per speaker per item after Town Commission initial discussion.) A. Building Department Recertification Program Update (This Item was Added to the Agenda) Building Official Jeff Remas provided an update on the Recertification Program, noting the progress of the milestone inspections. B. Florida Department of Transportation (FDOT) RRR Project Update Town Manager Labadie provided an update, noting that FDOT is repairing the silt fence (orange construction tree protection fencing) and conducting shoulder work on the north end of town near Linton Boulevard. The target completion date remains late May to early June 2025. C. Sanitary Sewer Lining Rehabilitation Project Update Town Manager Labadie noted that staff had been directed to begin the process of engaging with the state for the State Revolving Fund (SRF) and to prepare for the bidding process. The discussion included the project timeline, the steps involved in the SRF process, and its benefits, such as favorable pricing. Town staff will proceed with the project using the traditional method . 10. NEW BUSINESS (Public Comments will be limited to three (3) minutes per speaker per item after Town Commission initial discussion.) A. Approve and authorize the Mayor to execute a professional services agreement with C.A.P. Government for supplemental building inspections and plan review services. Mayor Moore read the title followed by Building Official Remas presenting the item. Page 135 Town Commission Meeting Minutes Date: October 15, 2024 Page 4 of 6 MOTION: David/Stern – A motion was made and seconded to approve the Mayor executing an agreement with C.A.P. Government for supplemental building inspections and plan review services. Upon roll call: Commissioner David (Yes); Vice Mayor Stern (Yes); Commissioner Goldberg (Yes); Commissioner Peters (Yes); and Mayor Moore (Yes). The motion passed on a 5 to 0 vote. B. Introduction to a proposed ordinance amending the Town’s Zoning Code, Chapter 30 relating to home-based businesses. Mayor Moore read the title followed by Town Planner Allen introduced the proposed ordinance amending the Town’s Zoning Code, Chapter 30, relating to home-based businesses. There were comprehensive discussions concerning the proposed ordinance related to home-based businesses followed by a motion to send the ordinance to the Planning Board for review and recommendation. MOTION: David/Goldberg – A motion was made and seconded to send the permitted uses, special exception, and prohibited uses ordinance to the Planning Board for a recommendation. Upon roll call: Commissioner David (Yes); Vice Mayor Stern (Yes); Commissioner Goldberg (Yes); Commissioner Peters (Yes); and Mayor Moore (Yes). The motion passed on a 5 to 0 vote. 11. TOWN COMMISSION COMMENTS Commissioner Judith M. Goldberg extended warm wishes for a happy and healthy new year to those in community of the Jewish faith. Commissioner Donald Peters thanked the residents for raising their concerns about the marina accessory facilities, storage issues in their condominium building, and safety matters. He also announced the upcoming 75th Town Anniversary/Mingle and Jingle community event. Commissioner Evalyn David talked about concerns related to marine accessory facilities. Vice Mayor David Stern commented on fire inspection reports noting that the identified issues could be addressed and emphasizing the necessity of compliance. He also discussed the electric vehicle rules recently adopted by his condominium association, explaining the rules in detail, which were in three parts. Mayor Natasha Moore had no comments. Page 136 Town Commission Meeting Minutes Date: October 15, 2024 Page 5 of 6 12. TOWN ATTORNEY’S REPORT Town Attorney Rubin responded to Ms. Garrett, noting that the Town Commission had clearly expressed its desire to regulate floating vessel platforms to the extent legally permissible. The Town is currently researching and analyzing the matter and will seek input from the board and town commission in the future. 13. TOWN MANAGER’S REPORT Town Manager Labadie reported that the crosswalk lights at Regency Highlands were not working. Efforts are underway to repair the lights. Additionally, he will review the analysis for the storage room. The 75th Anniversary Committee meeting was rescheduled due to the hurricane. Planning for the 75th Anniversary and Mingle & Jingle community event is progressing very well. It will be a more formal event featuring four trolleys running consistently, food trucks, vendors, a live band and more. There was a brief discussion about the entry signs at the north and south end of the town. 14. ANNOUNCEMENTS Mayor Moore read the following announcements. Board Vacancies Code Enforcement Board One (1) vacancy for an unexpired term ending December 7, 2024, and One (1) vacancy for an unexpired term ending May 30, 2025 Meetings and Events November 05, 2024 Town Hall closed due to Election Day November 06, 2024 11:00 A.M. Natural Resources Preservation Advisory Board Regular Meeting November 11, 2024 Town Hall closed in Observance of Veteran's Day November 12, 2024 1:00 P.M. Special Magistrate Hearing November 12, 2024 6:00 P.M. Resident Outreach Beachfront Property Owners Public Meeting presented by the Natural Resources Preservation Board in the Highland Beach Library. Page 137 Town Commission Meeting Minutes Date: October 15, 2024 Page 6 of 6 November 14, 2024 9:30 A.M. Planning Board Regular Meeting November 19, 2024 1:30 P.M. Town Commission Meeting Board Action Report None. 15. ADJOURNMENT The meeting was adjourned at 2:54 P.M. APPROVED: December 17, 2024 Town Commission Meeting. ATTEST: Natasha Moore, Mayor Transcribed by Lanelda Gaskins 12/17/2024 Lanelda Gaskins, MMC Town Clerk Date Disclaimer: Effective May 19, 2020, per Resolution No. 20 -008, all meeting minutes are transcribed as a brief summary reflecting the events of this meeting. Verbatim audio/video recordings are permanent records and are available on the Town’s Media Archives & Minutes webpage: https://highlandbeach-fl.municodemeetings.com/. Page 138 TOWN OF HIGHLAND BEACH TOWN COMMISSION MEETING MINUTES TOWN HALL COMMISSION CHAMBERS, 3614 S. OCEAN BLVD., HIGHLAND BEACH, FL Date: November 19, 2024 Time: 1:30 PM 1. CALL TO ORDER Mayor Moore called the meeting to order at 1:30 P.M. ROLL CALL Commissioner Judith Goldberg Commissioner Donald Peters Commissioner Evalyn David Vice Mayor David Stern Mayor Natasha Moore Town Manager Marshall Labadie Town Attorney Leonard Rubin Town Clerk Lanelda Gaskins 2. PLEDGE OF ALLEGIANCE The Town Commission led the Pledge of Allegiance to the United States of America. 3. INVOCATION Reverend D. Brian Horgan, of Saint Lucy Catholic Church delivered the invocation. 4. APPROVAL OF THE AGENDA MOTION: David/Stern – A motion was made to approve the agenda as presented, which passed unanimously, 5 to 0. 5. PRESENTATIONS / PROCLAMATIONS A. Police Officer Commendation Award Chief of Police Craig Hartmann presented Police Officer Commendation Awards to Officers James Thornton and Stephen Salach of the Marine Patrol Unit, recognizing their exceptional efforts in assisting the communities on west coast of Florida following Hurricane Helene. Their dedication and service during this challenging time exemplify commitment to public safety and community support. Page 139 Town Commission Meeting Minutes Date: November 19, 2024 Page 2 of 6 6. PUBLIC COMMENTS A. Barbara Nestle's Letter ref. Leaf blowers There were no public comments. 7. ORDINANCES (Public Comments will be limited to three (3) minutes per speaker per item after Commission initial discussion.) None. 8. 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. Approve and authorize Protec Arisawa (sole source) to replace the membrane vessel side ports for the Reverse Osmosis Water System at a cost of $61,362.92. Note: This is a planned and approved project for the fiscal year 2025. B. Approve and authorize Graybar to replace the switch gear for the programable logic controller (PLC) for the Water Treatment Plant Facility at a cost of $79,954.54. Note: This is a planned and approved project f or the fiscal year 2025. MOTION: David/Stern – A motion was made and seconded to approve the Consent Agenda, which passed unanimously, 5 to 0. 9. UNFINISHED BUSINESS (Public Comments will be limited to three (3) minutes per speaker per item after Town Commission initial discussion.) A. Building Department Recertification Program Update Mayor Moore read the title of this item. Building Official Jeff Remas distributed a handout to the Town Commission summarizing the milestone inspections. Additionally, Katerina Jaddaoui, Administrative Assistant/Permit Technician from the Building Department presented an update on the Recertification Program, emphasizing progress of the milestone inspections report. B. Florida Department of Transportation (FDOT) RRR Project Update Town Manager Labadie provided an update on FDOT RRR project, highlighting the team’s ongoing efforts with FDOT to improve signage and the MOT to enhance the traffic flow. Chief of Police Hartmann mentioned he met with FDOT to discuss concerns about the traffic flow, including nighttime options. They are exploring ways to improve signage and overall traffic flow along State Road A1A. Page 140 Town Commission Meeting Minutes Date: November 19, 2024 Page 3 of 6 C. Sanitary Sewer Lining Rehabilitation Project Update Town Manager Labadie provided an update on the Sanitary Sewer Lining Rehabilitation Project noting that the public works team had attempted to find a vendor to piggyback on their agreement but was not successful. The team also met with the Florida Department of Environmental Protection regarding the State Revolving Fund (SRF) or the Cleaning Water State Revolving Fund (CWSRF) for municipal project. The design plans are ready, though additional paperwork needs to be completed by the finance director, with hopes of submitting the paperwork by August. We plan to transition to a more form program through the state process. 10. NEW BUSINESS (Public Comments will be limited to three (3) minutes per speaker per item after Town Commission initial discussion.) A. Approve and authorize the Mayor to execute a professional services agreement with Inspire Placemaking Collective, Inc. for gen eral planning and development review services. Town Manager Labadie introduced the item, followed by Town Planner Ingrid Allen explaining the agreement with the consultant was structured to provide general planning, development review and related services on an as-needed basis. MOTION: David/Goldberg – A motion was made and seconded to approve the professional services agreement with Inspire Placemaking Collective, Inc. for general planning and development review services. The motion passed unanimously, 5 to 0. B. Approve and authorize the Mayor to execute a professional services agreement between Projected Point, Inc. and the Town of Highland Beach for outsourced finance director services. Town Manager Labadie introduced this item followed by Finance Director David DiLena commenting on the changes in the finance industry, his goal to replicate the Highland Beach model across other municipalities and his firm. The agreement is effective December 2, 2024. Town Manager Labadie will communicate the outsourcing of finance director services to the Financial Advisory Board. MOTION: David/Goldberg - Moved to approve the professional services agreement between Projected Point, Inc. and the Town of Highland Beach. Upon Roll Call: Commissioner David (Yes); Commissioner Goldberg (Yes); Commissioner Peters (Yes); Vice Mayor Stern (Yes); and Mayor Moore (Yes). The motion passed 5 to 0. Page 141 Town Commission Meeting Minutes Date: November 19, 2024 Page 4 of 6 C. Consideration of an Assigned Vehicle Program for the Police Department and authorize the Town Manager to execute all agreements related to Direct Cash Purchase with Maintenance Management Program from Enterprise Fleet Management, Inc. option and authorize the necessary budget amendments. Mayor Moore read the title followed by Chief of Police Hartmann presenting the item. He explained the assigned vehicle program for the Police Department, highlighting its benefits and the industry standard in law enforcement concerning recruitment and retention. There was a focus on the Maintenance Management Program from Enterprise Fleet Management, Inc. including the management and maintenance of the 11 police vehicles, their associated costs, and the use of the American Rescue Plan Act (ARPA) funds for the vehicle program. Finance Director David DiLena also provided comments on this matter. There was discussion about the assigned vehicle for the Police Department and the Town Commission was supportive of the program. Additionally, the Highland Beach Police and Fire Foundation was supportive and endorsed the implementation of the Assigned Police Vehicle Program. MOTION: David/Peters – A motion was made and seconded to authorize the Town Manager to execute all the necessary agreements to purchase these vehicles and include the budget amendment. amendments. Upon roll call: Commissioner David (Yes); Commissioner Peters (Yes), Commissioner Goldberg (Yes), Vice Mayor Stern (Yes) and Mayor Moore (Yes). The motion passed 5 to 0. D. Fiscal Year 2024-2025 Strategic Priorities Plan Update and Review Town Manager Labadie provided an update of Fiscal Year 2024-2025 Strategic Priorities Plan including the ranked and un-ranked projects list. He noted that the Capital Improvement Plan supplements the strategic priorities plan. There was a comprehensive discussion about re-ranking projects including a few new projects. Mayor Moore suggested adding an item regarding Milani Park on the December 3rd Town Commission agenda. Town Manager Labadie will re-rank the projects list and present the projects list at a future Commission meeting. 11. TOWN COMMISSION COMMENTS Commissioner Judith M. Goldberg congratulated the Police Department for their efforts in assisting on the west coast of Florida following Hurricane Helene. She also addressed an issue, noting that the Fire Rescue Department and Fire Chief responded promptly, and expressed her gratitude to the Fire Rescue Department for their support. Additionally, she mentioned attending the FLC Policy Committee on November 8th and expressed her enthusiasm for advocating on behalf of the Town, highlighting how rewarding it is to be involved. Page 142 Town Commission Meeting Minutes Date: November 19, 2024 Page 5 of 6 Commissioner Donald Peters provided comments on the Assigned Vehicle Program for the Police Department and reminded the residents about the upcoming 75th Anniversary and Mingle & Jingle community event on December 5. Commissioner Evalyn David extended warm wishes for a happy and healthy Thanksgiving holiday to everyone. Vice Mayor David Stern reported receiving positive feedback regarding the electric vehicle rules implemented by his condominium association. They have contracted to install a dule charging station outside their garage area. Mayor Natasha Moore had nothing to report. 12. TOWN ATTORNEY’S REPORT Town Attorney Rubin noted that the floating vessel platform legal opinion is forth coming and extended warm wishes for a happy Thanksgiving holiday. 13. TOWN MANAGER’S REPORT Town Manager Labadie expressed appreciation for the fire rescue personnel, recognizing Captain Alex Fernandez, Firefighter Paramedics Erik Lenzen, Kristian Williams, Rodrigo Landeo, Alisha Vidal, Cameron Abraham, and Driver Engineer Kevin Maxwell efforts in helping someone in need, coordinating with the Red Cross, and demonstrating exceptional compassion and care. Also expressed appreciation for Officer/Accreditation Manager Eric Aronowitz for obtaining a bulletproof vest grant. Additionally, Town Manager Labadie acknowledged Officer Kenneth Durate for efforts made to assist an individual with mental health challenges and extended gratitude Officer Jim Thornton, Mayor Michael Oh, Officer Stephen Salach, Town Planner Ingrid Allen, and Senior Management Analyst Skender Coma for their contributions in securing the Florida Inland Navigation grant for the Marine Patrol Unit. Town Manager’s Office project: Town Manager team is working on a mobile app for the Town of Highland Beach which will assist with Community Engagement. The Manager’s monthly newsletter will eventually fade away and there will be a welcome newsletter that goes out once a year. He reminded the community about the Town’s 75th Anniversary and Mingle & Jingle community event on December 5th. 14. ANNOUNCEMENTS Mayor Moore read the following announcements. Board Vacancies Page 143 Town Commission Meeting Minutes Date: November 19, 2024 Page 6 of 6 Code Enforcement Board One (1) vacancy for an unexpired term ending December 7, 2024, and One (1) vacancy for an unexpired term ending May 30, 2025 Meetings and Events December 03, 2024 1:30 P.M. Town Commission Meeting December 05, 2024 5:00 P.M. Mingle & Jingle Board Action Report None. Mayor Moore inquired about the December 17 Town Commission meeting. There was discussion to cancel this meeting followed by a motion. MOTION: David/Goldberg – A motion was made and seconded to cancel the December 17, 2025 Town Commission meeting. The motion passed unanimously 5 to 0. 15. ADJOURNMENT The meeting was adjourned at 3:49 P.M. APPROVED: December 17, 2024 Town Commission Meeting. ATTEST: Natasha Moore, Mayor Transcribed by Lanelda Gaskins 12/17/2024 Lanelda Gaskins, MMC Town Clerk Date Disclaimer: Effective May 19, 2020, per Resolution No. 20 -008, all meeting minutes are transcribed as a brief summary reflecting the events of this meeting. Verbatim audio/video recordings are permanent records and are available on the Town’s Media Archives & Minutes webpage: https://highlandbeach-fl.municodemeetings.com/. Page 144 File Attachments for Item: B. Approve and authorize Odyssey Manufacturing Co. to replace the turnkey acid dosing pump skid and related components in an amount of $138,167.78 for the Water Treatment Plan utilizing a piggyback of the City of Pompano Beach Agreement No. 1693. This is a planned and approved project for fiscal year 2025. Page 145 TOWN OF HIGHLAND BEACH AGENDA MEMORANDUM MEETING TYPE: Town Commission Meeting MEETING DATE December 17, 2024 SUBMITTED BY: Pat Roman, Public Works Director SUBJECT: Acid Dosing Pump skid replacement and related components SUMMARY: We are asking for authorization to use 2025 budget dollars on a planned and approved project for the replacement of the acid system and dosing pumps in the Water Treatment Plant. The current acid system has reached the end of its life, is failing, and needs to be replaced. Odyssey Proposes the Following: Pump Replacement: Odyssey proposes to supply two skids, each containing two pumps (one active and one spare) for the two dosing points. Temporary Pump Installation: Odyssey will provide two loaner pumps for temporary use while the new pump skids are being fabricated. Installation and Startup: Odyssey will install the pump skids, perform startup, and provide O&M manuals. FISCAL IMPACT: $138,167.78 budgeted in the 2025 WTP Machinery and Equipment ATTACHMENTS: Odyssey Project Quote Pompano Beach Contract RECOMMENDATION: Commission approval. Page 146 From the desk of… Pavol Plecenik Technologies Manager pplecenik@odysseymanufacturing.com ODYSSEY MANUFACTURING CO. 1484 Massaro Boulevard Tampa, Florida 33619 Cellular/Voicemail: (954) 632-4090 Business: (800) ODYSSEY www.odysseymanufacturing.com MANUFACTURERS OF ULTRA CHLOR QUOTATION From: To: Pavol Plecenik David Richards Water Plant Superintendent Town of Highland Beach 3616 S. Ocean Boulevard Highland Beach FL 33487 (561) 637-2036 Office (561) 756-0689 Cell Re: Turnkey Acid dosing pump skid replacement and related components (93% H2SO4) Date: December 3, 2024 Pages: 3, including this cover sheet. Dear David, Current Situation: The Utility reached out to Odyssey confirming that the subject dosing pumps are leaking and starting to fail. The existing dosing pumps feed two different dosing points, using the 93% H2SO4 for pH adjustment. Currently, the pumps are installed on two side-by-side skids. One skid contains a single pump and doses the permeate water. The other skid houses an active pump and an installed spare pump that dose the raw water for pH adjustment. Additionally, the filter strain started a slow leak and the valves around the dosing skid require replacement due to end of life. Solution: Odyssey proposes to supply quantity of two skids, each containing two pumps (one active and one installed spare) for the two dosing points. The proposed Prominent pumps are specifically designed for operation with 93% Sulfuric Acid. Two of the skids will be installed by Odyssey mechanically and electrically. Because the current pumps are nearing end of life and leaking, Odyssey will supply, on temporary basis, quantity two (2) loaner pumps for the mean time while the new pump skids are being fabricated. Odyssey will deliver the temporary pumps and will install them for the current dosing application. The temporary pumps may be able to be used with the 4 -20 amp signal for remote operation. If existing controllers do not use 4-20 control, the temporary pumps may need to be operated manually. After installation, we will confirm full operation free of leaks. Next, we will install one of the two filter strains. The second one will be provided to keep on the shelf as a spare. Four o-rings for the cap are provided as that is the most common leak point that determines the filter strain end of life. All items will ship to our HQ and once we have possession we can schedule the installation with the Utility. After installation of the two skids, Odyssey will perform startup and training. O&M manuals will be provided prior to startup. Page 147 From the desk of… Pavol Plecenik Technologies Manager pplecenik@odysseymanufacturing.com ODYSSEY MANUFACTURING CO. 1484 Massaro Boulevard Tampa, Florida 33619 Cellular/Voicemail: (954) 632-4090 Business: (800) ODYSSEY www.odysseymanufacturing.com MANUFACTURERS OF ULTRA CHLOR BluePlanet scope for the two duplex pump skids is as follows: • Quantity two (2) Duplex (2-pump) systems for 93% Sulfuric Acid o Each of the skids will have two (2) Prominent Gamma/XL Pumps rated for 5.28 gph @ 145 psi o The Packaged Chemical Feed System shall be piped in 1/2” PVDF/Viton socket fusion piping and include all standard accessories (i.e. pulsation dampeners, pressure relief valves, back pressure valves, pressure gauges, calibration column, piping, valves, supports, etc.) for the installed pumps. o The Packaged Chemical Feed System shall be open design for installation inside customers existing safety spray shields. o This system will be designed such that each of the dosing points will have one active pump and one installed spare. o System shall include a skid mounted NEMA 4X FRP control panel with standard SCADA I/O: ▪ Terminals for 120V power supply with heavy duty surge arrestor ▪ HOA selector for each pump ▪ AI = SPEED command for each pump ▪ DI = RUN command for each pump ▪ AO = SPEED feedback for each pump ▪ DO = REMOTE status for each pump ▪ DO = FAULT status for each pump The pricing is provided below in accordance with your Pompano Beach Chemical Systems service & maintenance contract piggy-back: Customer Phone PO No.Shipping Method Terms Due Date Req. Ship Date Rep (561) 243-2084 TBD Ground Net 30 3/3/2025 3/3/2025 Odyssey MFG Item #Quantity Item Number Unit Price Mark-up Ext. Price 1 24 Odyssey-Labor-Tec (1Hr.)$105.00 0.00%$2,520.00 2 40 Odyssey-Labor-Eng (1Hr.)$130.00 0.00%$5,200.00 3 24 Odyssey-Labor-Helper (1Hr.)$60.00 0.00%$1,440.00 4 1 Spare Prominent pump $7,450.00 20.00%$8,940.00 5 4 monthly Pump lease $800.00 20.00%$3,840.00 6 2 New H2SO4 Skid $43,900.00 20.00%$105,360.00 7 2 SB2200F18 $1,327.49 20.00%$3,185.98 8 4 ORX357V70 $38.00 20.00%$182.40 9 24 Odyssey-Labor-Eng (1Hr.)$130.00 0.00%$3,120.00 10 1 MISC-Mat.$742.00 20.00%$890.40 11 3 PPE $240.00 20.00%$864.00 12 2 TLS/ELEC.$770.00 20.00%$1,848.00 13 1 FRT $777.00 0.00%$777.00 TOTAL=$138,167.78 Miscellaneous materials (piping, fittings, fasteners, adhesive, pump mounting) PPE materials Misc. Tool use / Misc. Electrical materials Shipping - Freight (all above items) Two Prominent GammaX used pumps for H2SO4, 3.2 gph each; monthly LEASE (per 2 pumps) BluePlanet duplex Skid designed for 93% H2SO4 (one for each injection point). Each Gamma/XL Pumps rated for 5.28 gph @ 145 psi 2" Strainer basket Simplex FLG, CPVC FPM with 1/18" pref filter basket O-ring - Filter strain Field Service Electrician (same as ENG) Description Field Service Technician Labor - Eng (PM, Admin, O&M) Field Service Helper Uninstalled shelf spare pump (Gamma/XL Pumps rated for 5.28 gph @ 145 psi) TOTAL………………………………………………………………………………………………………………….$138,167.78 Page 148 From the desk of… Pavol Plecenik Technologies Manager pplecenik@odysseymanufacturing.com ODYSSEY MANUFACTURING CO. 1484 Massaro Boulevard Tampa, Florida 33619 Cellular/Voicemail: (954) 632-4090 Business: (800) ODYSSEY www.odysseymanufacturing.com MANUFACTURERS OF ULTRA CHLOR Lead time for new skids is 2 to 4 months. Installation lead time for temporary loaner pumps is 7 to 14 days ARO (we will expedite if possible). Equipment warranty is 2 years for the BluePlanet skids (excludes wear items) and 1 year for all remaining parts. Labor warranty is 1-year on all installation. SECONDARY OPTION: In lieu of the above proposed two duplex skids, Odyssey can offer a single Triplex skid for a total of $112,167.78 per below: • (1) Triplex (3-pump) system for Sulfuric Acid o (3) Prominent Gamma/XL Pumps rated for 5.28 gph @ 145 psi o The Packaged Chemical Feed System shall be piped in 1/2” PVDF/Viton socket fusion piping and include all standard accessories (i.e. pulsation dampeners, pressure relief valves, back pressure valves, pressure gauges, calibration column, piping, valves, supports, etc.) for the installed pumps. o This system will be designed such that the middle pump is setup as a “swing” pump and can be valved into service to backup either of the two outside pumps. o The Packaged Chemical Feed System shall be open design for installation inside customers existing safety spray shields. o System shall include a skid mounted NEMA 4X FRP control panel with standard SCADA I/O: ▪ Terminals for 120V power supply with heavy duty surge arrestor ▪ HOA selector for each pump ▪ AI = SPEED command for each pump ▪ DI = RUN command for each pump ▪ AO = SPEED feedback for each pump ▪ DO = REMOTE status for each pump ▪ DO = FAULT status for each pump Including turnkey installation, one extra uninstalled spare pump and ancillary items per above scope. OPTIONAL PROACTIVE SERVICE CONTRACT: The recommended maintenance as a general guideline to replace the pump heads is every 12 months, but many of our customers get reliable service beyond that depending on operating conditions and duty cycle and do maintenance less frequently. Odyssey can offer proactive pre-scheduled periodic 12-month visits with pump head replacements on each pump including replacement of any wear items or failed parts. Such proactive service would be priced at $47,000 total for a 5- year term. The Utility can also utilize a reactive service from Odyssey by calling our 800 number and requesting service on as- needed basis per the Pompano Beach Chemical Systems service & maintenance contract piggy-back. Utilizing this reactive approach, parts will be billed as required (around $5000 for parts for the 4-pump system and labor will be assessed per the piggy-back). Lead times will vary. Thank you for your consideration. If you find this offering favorable, please send a PO to: pplecenik@odysseymanufacturing.com Page 149 Solenoid-Driven Metering Pump gamma/XL gamma/XL – large output, great features Exemplary representation. The dimensions depend on the configuration chosen. The gamma/XL is a smart, connectible solenoid-driven metering pump that is setting new standards in terms of productivity, reliability and cost-effectiveness. Technical Details ■Illuminated 3” LCD and 3-LED display for operating, warning and error messages, visible from all sides ■In non-automatic mode, stroke rate setting 1 stroke/h – 12,000 strokes/h, stroke length electronically continuously variable 0 – 100%, recommended 30 – 100% ■Factor with external contact control 99:1 – 1:99 ■In automatic mode, an even finer setting in ml ■Batch operation with max. 99.99 l or 99,999 strokes/start pulse ■Connector for 2-stage level switch ■3 additional ports, switched as digital inputs or outputs ■Optional 0/4 – 20 mA output for remote transmission of actual dosing rate and error messages ■Optional relay module with 1 x switch-over contact, 230V – 6A ■Optional relay module with 2 x On, 24V – 100 mA Te c h n i c a l c h a n g e s r e s e r v e d . P r i n t e d i n G e r m a n y , 3 - 8 - 2 0 2 3 . www.prominent.com Page 150 Solenoid-Driven Metering Pump gamma/XL gamma/XL – large output, great features Technical Data Pump type Pump capacity at max. back pressure Theor. stroke volume Max. stroke rate Nominal diameter Suction lift*Shipping weight NPE, NPB, PVT SS bar l/h ml/stroke Strokes/min m WC kg kg Metering pumps with non-self-bleeding dosing head GXLa 2508 25 **7.5 0.63 200 8 x 4mm ***5 10 11 GXLa 1608 16 7.8 0.65 200 8 x 5mm ***5 10 11 GXLa 1612 16 12 1 200 8 x 5mm 6 10 11 GXLa 1020 10 19.6 1.63 200 12 x 9mm 5 10 11 GXLa 0730 7 29.4 2.4 200 12 x 9mm 5 10 11 GXLa 0450 4 49 4.08 200 G 3/4 - DN 10 3 10 11 GXLa 0280 2 78.5 6.54 200 G 3/4 - DN 10 2 10 11 Metering pumps with self-degassing dosing head (dosing head design 7) GXLa 1608 10 7 0.6 200 8 x 5mm 1.8 10 - GXLa 1612 10 10 0.8 200 8 x 5mm 1.8 10 - GXLa 1020 10 15 1.25 200 12 x 9mm 1.8 10 - GXLa 0730 7 27.5 2.3 200 12 x 9mm 1.8 10 - *Suction lift with a filled dosing head and filled suction line, with a self-bleeding dosing head with air in the suction line. **25bar variant only available with a NP or SS dosing head material. ***With stainless steel design, 6mm connector width. gamma/XL metering pumps with dosing heads for higher-viscosity media have a 10 – 20% lower capacity and are not self- priming with all feed chemicals. G 3/4 - DN 10 connector with d 16 - DN 10 hose nozzle. All data calculated with water at 20°C. Materials in Contact with the Medium Identity code of material Dosing head Connection on suction/ discharge side Ball seat Seals Balls PVT PVDF PVDF PVDF PTFE Ceramic NPT Clear acrylic PVDF PVDF PTFE Ceramic NPE Clear acrylic PVC EPDM EPDM Ceramic NPB Clear acrylic PVC FKM A FKM A Ceramic SST (8 - 12mm)Stainless steel 1.4404 Stainless steel 1.4404 Ceramic PTFE Ceramic SST (DN 10)Stainless steel 1.4404 Stainless steel 1.4404 Carbon-filled PTFE PTFE Ceramic Te c h n i c a l c h a n g e s r e s e r v e d . P r i n t e d i n G e r m a n y , 3 - 8 - 2 0 2 3 . www.prominent.com ProMinent Group info@prominent.com Page 151 Solenoid-Driven Metering Pump gamma/XL gamma/XL – large output, great features Connectors Plastic 8–12mm Hose squeeze connector DN 10 d16 DN 10 hose sleeve Stainless steel 6–12mm Swagelok system DN 10 Rp 3/8 insert Metering diaphragm with PTFE coating. Repeatability of metering ±1% when used in accordance with the operating instructions. Permissible ambient temperature –10°C to 45°C. Mean power consumption 78 W. Degree of protection IP 66, insulation class F. Scope of supply Metering pump with mains cable, connector kit for hose/tube connector as per table. Te c h n i c a l c h a n g e s r e s e r v e d . P r i n t e d i n G e r m a n y , 3 - 8 - 2 0 2 3 . www.prominent.com ProMinent Group info@prominent.com Page 152 www.prominent.com/gammaXL A new level of intelligence. The new gamma/ XL with Extended Connectivity Page 153 Our metering pumps in terms of performanin terms of performan Page 154 ProMinent's new gamma/ XL is the latest addition to the range of smart solenoid-driven metering pump gamma/ X products. The gamma/ XL is just as smart, easy to use and has the same long service life as its smaller sister model. With a higher capacity range of 8 to 80 l/h at 25 to 2 bar, the gamma/ XL increases the versatility of the gamma/ X product range and opens up numerous new fields of application. An additional highlight of the new gamma/ XL is its extended connectivity. As part of our new DULCOnneX solution for digital fluid management, the new solenoid-driven metering pump includes integrated PROFIBUS® and CANopen interfaces for the connecting to process control systems. Thus, the gamma/ XL allows you to monitor, analyse and optimise metering processes with ease. have been enhanced ce and connectivity. Page 155 More intelligence Like the gamma/ X, the new gamma/ XL is an innovative metering pump with predictive intelligence. Thanks to a controlled solenoid drive with integrated pressure measurement, it detects hydraulic error statuses even at minimal deviations – and immediately adapts its output to the pressure conditions and properties of the medium. This ensures greater safety during commissioning and in the process. More simplicity Select the mode with the click of a button, use the Click Wheel to adjust settings, confi rm with a click - metering with the new gamma/ XL is that simple. The adjustment range is 1:40,000. The capacity can be set directly in l/h or gph. An intuitive and effi cient control is virtually pre-programmed. More reliability The new gamma/ XL has an almost wear-free solenoid drive, is protected against overload and low-maintenance. Together with an automated venting system and the automated recognition of hydraulic error statuses, this ensures maximum reliability and a long service life, coupled with good cost-effectiveness. More connectivity The new gamma/ XL is ready for Industry 4.0. Designed as a smart product, it can be connected to ProMinent's web-based fl uid management platform DULCOnneX. You can use this to monitor your metering processes in real time, avoid downtimes and generate fully automated reports. More versatility As a standalone pump, or integrated in the overall system, the new gamma/ XL is ideal for any industrial applications and other metering processes. The application options range from the chemical trade and system construction to the food and beverage industry, and from drinking and waste water treatment to the chemical industry and electroplating. The new gamma/ XL simply contains added value. ✔ ✔ ✔ ✔ ✔ Page 156 Reliable controlled solenoid drive with increased capacity range The new gamma/ XL has a highly precise controlled solenoid drive for metering liquid media. Its capacity range extends from 8 to 80 l/h at 25 to 2 bar. The solenoid drive allows a slow prestroke and thus a virtually continuous metering of even the smallest volume streams. Predictive intelligence for maximum effi ciency The refi ned electronics of the new gamma/ XL enable precise control. The pressure detection without wetted parts ensures maximum operational safety. Hydraulic error statuses, like “Gas in the dosing head”, “Overpressure” and “No pressure” can be detected. In addition, pressure fl uctuations in the system will be detected and compensated, ensuring a high dosing precision. Improved detail, increased performance. The internal values of the new gamma/ XL Simple operation via Click Wheel In combination with the large LCD and 4 buttons, the Click Wheel, presented for the fi rst time with the gamma/ X, enables intuitive operation and programming of the new gamma/ XL. The capacity is stored in the memory every 10 minutes over the past 4 weeks. Editable via the display. New socket for 3 confi gurable I/Os As an input for triggering timer programmes and for the switch-over to preset capacities. As an output for error messages and warnings; assigned to the timer for the switching of external devices such as stirrer or solenoid valves. Page 157 Optional radio connection The gamma/ XL comes with an optional Bluetooth and Wi-Fi connection for simply confi guring parameters and calling up process data. Highly visible status LEDs The three-level LED status display for operating, warning and error messages, visible from all sides, provides increased operating safety. High-resolution LCD with back pressure display The gamma/ XL’s 3” high-resolution LCD clearly displays important parameters such as the fl ow volume. The back pressure is measured without a sensor and is also shown on the display at a resolution of 0.5 bar. Improved detail, increased performance. The internal values of the new gamma/ XL Optional radio connection The gamma/ XL comes with an optional Bluetooth and Wi-Fi connection for simply confi guring parameters and calling up process data. Additional information and product videos can be found at www.prominent.com/gammaXL DULCOnneX – Extended Connectivity Integrated PROFIBUS® and CANopen interfaces enable connection to process control systems. Continuous level measurement The new, continuous suction lance allows levels to be monitored with precision of up to 5%. Page 158 Web-based. Networked. Transparent. Digital fluid management with DULCOnneX – Extended Connectivity. DULCOnneX by ProMinent is the smart digital fluid management solution. With DULCOnneX, we network all components of a system, thereby ensuring an optimised interaction of metering pump, controller and sensors. As the user, you benefit from direct access to all information about the devices and systems installed on site. Thus, DULCOnneX allows you to monitor, analyse and optimise metering processes with ease. The basis for digital fluid management: Products with Extended Connectivity. DULCOnneX products, such as the new gamma/ XL, come with special features designed to enable digital fluid management. They reduce consumption of raw materials and help to minimise operating errors and downtimes. Robust: Their construction ensures a long service life and high availability. Adaptive: They adapt automatically to constantly changing operating conditions. User-friendly: They are easy to install and start up. Clear, intuitive operation ensures simple parameterisation, calibration and storage. Network-capable: They communicate at fieldbus level using CANopen, PROFIBUS® and PROFINET or can be connected via DULCOnnect to our web-based fluid management platform. Additionalinformationavailableat www.prominent.com/dulconnex Page 159 have been enhanced ce and connectivity. ProMinent Group info@prominent.com www.prominent.com ProMinent Group info@prominent.com www.prominent.com Ready for you. Any time, anywhere. Worldwide contacts ProMinent is at home in more than 100 countries across the globe. This guarantees the worldwide availability of our products and comprehensive expertise on the ground with short distances to our customers. We offer the same high quality standards for our solutions and services all over the world. And we work day in, day out to keep our promise: Ready for you. Any time, anywhere. You can find the contact details of local branches and agencies at www.prominent.com/locations You can find the ProMinent app for iPad and iPhone in the iTunes App Store or at www.prominent.com/app 98 2 4 0 6_P T _ P M _ 1 8 1 _ 0 3 / 1 8 _ E N T e c h n i c a l c h a n g e s r e s e r v e d . P r i n t e d i n G e r m a n y . Page 160 1 Diagrams for Setting the Capacity s [%] f [%]C [l/h]GXLa 1020 30%10%0% 0 1 2 3 4 5 7 200 min-1 180 min-1 160 min-1 140 min-1 120 min-1 100 min-1 80 min-1 60 min-1 40 min-1 20 min-1 8 20%40%50% 60%70% 80% 90% 100% 100 90 80 70 60 50 40 30 20 10 6 9 10 1,15 1,10 1,05 1,00 0,95 0,90 0,85 0 2 4 6 8 10 12 14 16 k A B p [bar] s [%] f [%]C [l/h]GXLa 1608 k A B p [bar] s [%] f [%]C [l/h]GXLa 2508 k A B p [bar] s [%] f [%]C [l/h]GXLa 1612 k A B p [bar] 30%10%0% 0 1 2 3 4 5 7 200 min-1 180 min-1 160 min-1 140 min-1 120 min-1 100 min-1 80 min-1 60 min-1 40 min-1 20 min-1 8 20%40%50% 60%70% 80% 90% 100% 100 90 80 70 60 50 40 30 20 10 6 9 10 1,15 1,10 1,05 1,00 0,95 0,90 0,85 0 2 4 6 8 10 12 14 16 24222018 min-1 min-1 min-1 min-1 min-1 min-1 min-1 min-1 min-1 min-1 min-1 min-1 min-1 min-1 min-1 min-1 min-1 min-1 min-1 min-1 Fig. 1: A) Capacity C at maximum back pressure depending on the stroke length s for different stroke rates f. - B) Corresponding correction factors k dependent on back pressure p - at 70 % strokelength, "Auto‐matic"-"Off" and "Compensation"-"Off". . Diagrams for Setting the Capacity 1 Page 161 s [%] s [%] f [%]C [l/h]GXLa 0730 k A B p [bar] f [%]C [l/h]GXLa 0280 k A B p [bar] f [%]C [l/h]GXLa 0450 k A B p [bar] min-1 min-1 min-1 min-1 min-1 min-1 min-1 min-1 min-1 min-1 min-1 min-1 min-1 min-1 min-1 min-1 min-1 min-1 min-1 min-1 min-1 min-1 min-1 min-1 min-1 min-1 min-1 min-1 min-1 min-1 Fig. 2: A) Capacity C at maximum back pressure depending on the stroke length s for different stroke rates f.- B) Corresponding correction factors k dependent on back pressure p - at 70 % strokelength, "Auto‐ matic"-"Off" and "Compensation"-"Off". . Diagrams for Setting the Capacity 2 Page 162 Page 163 Page 164 Page 165 Page 166 Page 167 Page 168 Page 169 Page 170 Page 171 Page 172 Page 173 Page 174 Page 175 Page 176 Page 177 Page 178 Page 179 Page 180 Page 181 Page 182 Page 183 Page 184 Page 185 Page 186 Page 187 Page 188 Page 189 Page 190 Page 191 Page 192 Page 193 Page 194 Page 195 Page 196 Page 197 Page 198 Page 199 Page 200 Page 201 Page 202 Page 203 Page 204 Page 205 Page 206 Page 207 Page 208 Page 209 Page 210 Page 211 Page 212 Page 213 Page 214 Page 215 Page 216 Page 217 Page 218 Page 219 Page 220 Page 221 Page 222 Page 223 Page 224 Page 225 Page 226 Page 227 Page 228 Page 229 Page 230 Page 231 Page 232 Page 233 Page 234 Page 235 Page 236 Page 237 Page 238 Page 239 Page 240 Page 241 Page 242 Page 243 Page 244 Page 245 Page 246 Page 247 Page 248 Page 249 Page 250 Page 251 Page 252 Page 253 Page 254 Page 255 Page 256 Page 257 Page 258 Page 259 Page 260 Page 261 Page 262 Page 263 Page 264 Page 265 Page 266 Page 267 Page 268 Page 269 Page 270 Page 271 Page 272 Page 273 Page 274 Page 275 Page 276 Page 277 Pa g e 2 7 8 Pa g e 2 7 9 Page 280 Page 281 File Attachments for Item: A. Continued discussion of Fiscal Year (FY) 2024-2025 Strategic Priorities Plan Update and 5-Year Capital Improvement Plan Page 282 2024-2025 STRATEGIC PRIORITIES PLAN TOWN OF HIGHLAND BEACH TOWN OF HIGHLAND BEACH FY 2024/2025 STRATEGIC PRIORITIES PLAN December 17, 2024 OUR VISION: The Town of Highland Beach is a beautiful safe harbor in paradise whose residents never leave. OUR MISSION: To provide exceptional governance and municipal services, in partnership with our residents, in a fiscally responsible manner with an emphasis on planning for the future. OUR MOTTO: “3 Miles of Paradise” OUR VALUES: Help citizens live a better life by providing a safe and secure community. Inclusiveness – we respect people, value diversity and are committed to equality. Give exceptional citizen service. Honor public trust through ethical behavior, transparency and servant leadership. Lead with integrity at every level. Assure fiscal responsibility and accountability. Nurture and respect our natural environment. Deliver services through collaborated efforts and coordinated actions. Page 283 2024-2025 STRATEGIC PRIORITIES PLAN TOWN OF HIGHLAND BEACH STRATEGIC PRIORITIES This strategic priority plan identifies ranked community projects and initiatives within four (4) operational categories. These projects and initiatives are classified as “Commenced” and “Planned” based on their implementation status and/or schedule. The strategic priority plan is a dynamic and simple document that serves as a decision-making tool to be updated on a quarterly basis via reports to the Town Commission. The strategic priorities are worked on concurrently by the assigned departments and staff with the ranking driving resource allocation. The plan is intrinsically linked to the annual operating budget which commits funds to complete the projects and initiatives identified. Completing a project and/or initiative leads to attaining the operational category goal for each and leads to fulfilling the mission and vision of the Town. Organizational Excellence Strengthen the Town’s ability to strategically, and effectively, deliver municipal services in a fiscally responsible, collaborative, inclusive and innovative manner. Projects/Initiatives: SP 4: Communication & Community Engagement Description: Actively communicate with the public through multiple mediums and platforms to ensure the community receives timely value-added communications regarding town business and affairs. Also, plan community events. Progress: Ongoing. The Manager’s Office sends out a weekly news flash, the Manager’s Monthly Newsletter (emailed and mailed), updates Channel 99, and regular updates to Facebook. The Manager’s Office is evaluating the value of using polls, surveys and other social media platforms. Website use and navigation to be evaluated to improve user experience. SP 9: State Appropriations Description: Requests for state financial assistance for capital improvement and planning projects. Annually evaluate town operations and capital improvement plan for opportunities for appropriation requests and/or grants. Progress: FY 2025 Appropriation requests to be discussed with Lobbyist November/December 2024. SP 13: Financial Management Systems Description: The Finance Department in partnership with the Manager’s Office is updating the town’s investment policy and the 5-year Financial Forecast Model. Progress: The updates scheduled Winter 2025 SP 15: Preferred Employer Program Description: The Town Manager’s Office, in collaboration with the Town Commission, will design and implement a comprehensive compensation, workplace, and benefits program. This initiative aims to attract and retain high-quality employees who excel in teamwork and are committed to delivering exceptional municipal services and public safety. Progress: Ongoing with annual budget. Page 284 2024-2025 STRATEGIC PRIORITIES PLAN TOWN OF HIGHLAND BEACH SP 20: Public Record Digitization/Management Project Description: This project is the digitization of historical, hard copy records and documents. Progress: Seventy-five thousand (75,000) records digitized to date and the goal is to digitize all historical records by end of 2024 and create a policy governing record management moving forward. Policy is drafted and under administrative review. SP 21: Charter Review/Amendments (Annual Review) Description: Annual review and consideration of necessary charter revisions and/or amendments to ensure effective and efficient town operations consistent with best management practices. This project also involves evaluation of the previous charter amendments. Progress: Commission discussion Fall 2024/Winter 2025. Departments: Town Manager’s Office Highland Beach Fire Rescue Department Finance Department Clerks’ Office IT Consultant Advisory Board(s): Financial Advisory Board Public Infrastructure & Resiliency Ensure that Town managed and maintained facilities, infrastructure and public places are afforded appropriate attention, maintenance, repairs, and upgrades. Projects/Initiatives: SP 2: Sanitary Sewer Lining Project Description: The sanitary sewer system has begun to show signs of deterioration and needs complete rehabilitation via a comprehensive lining project. The selected method of rehabilitation is the least disruptive and most cost effective. The residents in March of 2024 authorized the project at a not to exceed cost of $3.5 million. Staff attempted to secure a “piggyback” contract to complete the project in phases. No such contract could be obtained; therefore, staff will commence securing a Clean Water State Revolving Fund Loan (SRF) to complete the project in one single phase. Progress: Staff has reached out to the State of Florida SRF Program. This project cannot start construction until FDOT has completed the A1A Resurfacing Project. August application date targeted. SP 6: A1A Highway RRR Project Description: Partner with FDOT to ensure the road rehabilitation and resurfacing (RRR) project is completed with limited and controlled disruptions to the community. The project includes needed drainage improvements, paved shoulder enhancements to accommodate cyclists and embedded crosswalk lighting. Progress: Under Construction. Target completion date June 2025. Page 285 2024-2025 STRATEGIC PRIORITIES PLAN TOWN OF HIGHLAND BEACH SP 7: Town Entry Signs (A1A) Description: The two existing town entry signs have deteriorated and need to be replaced. Progress: Signs have been constructed. South sign installed and waiting for north installation. Landscaping follows installation. SP 8: Marine Accessory Structures Ordinance Amendment(s) Description: Conduct an in-depth review of all ordinance provisions related to the installation and construction of marine accessory structures to ensure they are appropriate for waterfront property owners. The review shall include a public engagement process. The project is being facilitated by the Planning Board, ordinance sponsor and staff at the direction of the Town Commission. Progress: Commission reviewed ordinance language (September 2024) then directed approved ordinance revisions to Planning Board for formal review and recommendation (First Read -- December 17, 2024.) SP 19: Zoning District Evaluation (Density) Description: The Town Commission has directed to the Planning Board to commence a public review process of the permitted zoning densities of each zoning district within the town to see if it is appropriate to revise to preserve town character, accommodate redevelopment and protect property values. Progress: The Planning Board has commenced its discussion of the public engagement process. The Commission has suspended further review pending Milani Park Project and “Live Local” legislative modifications. No other progress. Departments: Highland Beach Fire Rescue Department Public Works Department Town Planner Town Manager’s Office Finance Department Advisory Board(s): Financial Advisory Board Planning Board Community Safety Proactively plan for and responsively maintain a safe and resilient community focused on visibility, awareness and care for residents and visitors. Projects/Initiatives: SP 3: Police Assigned Vehicle Program Description: To enhance the recruitment and retention of high-quality police officers and remain competitive with neighboring agencies, the Town Commission has directed the Town Manager’s Office, in collaboration with the Police Department, to develop an assigned vehicle program. The project will also involve exploring and assessing various financing options. Page 286 2024-2025 STRATEGIC PRIORITIES PLAN TOWN OF HIGHLAND BEACH Progress: The Town Commission authorized the program and necessary budget amendments. Legal reviewing contract which will be followed by ordering. SP 5: Police Marine Docking/Access Facility Description: The project involves the design and construction of a marine docking facility to support the Police Department's patrol and rescue vessel. The facility will be situated at the western end of the Town Hall complex, behind the library. To offset project costs, the Town will actively seek grants and appropriations. Progress: The Police Department has secured the FIND Grant (50% cost share) for the design portion of the project. The Town Manager’s Office and Police Department will pursue grants/appropriations for construction. Staff recommends a referendum as cost may exceed charter spending limit and may not be able to meet grant match obligations if awarded. SP 10: Old Fire Station Description: Consider the rehabilitation of the Old Fire Station to not only store reserve apparatus and equipment for the Fire Rescue department but also create useful and beautiful multi-purpose space for community functions. Progress: Preliminary design concepts and structural evaluation of old fire station completed. Project in value engineering and cost estimation phase. Staff recommends a referendum as cost may exceed charter spending limit. SP 11: Old Post Office (PD) Description: Explore the rehabilitation of the old Post Office into a security center and public entrance to the Police Department. Project will evaluation physical connection of the old Post Office to the existing Police Station. Progress: Preliminary design concepts developed and shared independently with Commissioners. Value engineering and cost estimation phase has commenced. SP 14: Electric Vehicle Protocols (Fire Safety) Description: In response to the increasing use of electric vehicles and other battery-powered modes of transport, the Town Commission has tasked the Fire Department, in collaboration with Condominium Associations, with developing fire safety guidelines for vehicle charging and rechargeable battery storage. These guidelines will aim to ensure safe practices and reduce fire risks within the community. The guidelines will be accompanied by a public outreach campaign. Progress: Guidelines developed by Highlands Place Condominium and Vice Mayor Stern and will be used as template for other groups. Outreach pending. SP 16: Home Occupation Ordinance Provisions Description: House Bill 403 which became effective July 1, 2021, prohibits local governments from taking certain actions relating to the licensure and regulation of home-based businesses, specifies conditions under which a business is considered a home-based business, authorizes home-based businesses to operate in areas zoned for residential use if the business meets certain criteria, specifies that home-based businesses are subject to certain business taxes and authorizes adversely affected current or prospective home-based business owners to challenge certain local government actions in violation of the statute. The current “home occupation” regulations provided in Chapter 30 need to be revised to be compliant with Florida Statutes. Page 287 2024-2025 STRATEGIC PRIORITIES PLAN TOWN OF HIGHLAND BEACH Progress: Town Commission reviewed draft ordinance concepts and directed Planning Board to conduct public review and make recommendations. SP 22: Evaluate Ordinance Development Process Description: Consider reviewing the current ordinance development procedure to ensure it is the most efficient and effective means of addressing community problems and challenges and engages the residents. Progress: No progress to date. Preparing discussion for future Commission meeting Fall 2024/Winter 2025. SP 23: Temporary Sign Ordinance Review Description: The Town Commission and concerned residents have requested staff to evaluate the ordinance provisions related to temporary signs with a focus on political signs and real estate signs. Progress: No Progress. Departments: Police Department Building Department/Code Enforcement Town Planner Highland Beach Fire Rescue Department Town Manager’s Office Advisory Board(s)/Community Support Group(s): Planning Board Board of Appeals and Adjustments Code Enforcement Board Highland Beach Police Foundation Community Enrichment & Sustainability Recognize the vital role Highland Beach’s natural resources play in a healthy community and implement projects and policies that sustain them. Support residents’ desire for community services and programs that enhance personal growth, knowledge and quality of life. Projects/Initiatives: SP 1: Milani Park Description: Continue to work with Palm Beach County Administration and Parks and Recreation Department along with County Commissioner(s) on the future development of Milani Park. Milani Park is governed by a settlement agreement that stipulates design of the park and the timing of construction. The county has one more 5-year extension. Progress: Contract compliance review is ongoing. An archaeologist to assist with cultural resource review has been secured. Town Mayor facilitating design conversations with Palm Beach County. Page 288 2024-2025 STRATEGIC PRIORITIES PLAN TOWN OF HIGHLAND BEACH SP 12: Comprehensive Plan Update Description: Pursuant to state law, local governments are required to periodically update their Comprehensive Plan. The Town’s comprehensive plan functions as a roadmap for a community's future growth and development, encompassing principles, guidelines, standards, and strategies to ensure orderly economic, social, physical, environmental, and fiscal growth. It captures the community’s commitment to implementing sustainable, balanced development initiatives through detailed sections, which often include goals, objectives, and policies. These sections outline how the local government’s programs, activities, and land development regulations will align with and promote the plan in a cohesive and consistent manner Progress: The Town Planner along with the Town Manager’s Office has engaged a consultant to assist with our Comprehensive Plan update. Initial internal staff meetings have commenced and will be followed by a Commission and public engagement and approval process. SP 17: Dune Restoration & Management Description: The Town Commission assigned the Natural Resource Preservation Advisory Board (NRPAB) to work with staff to educate the public on the importance of dune restoration and management. Progress: The updated the 2013 Beach Feasibility Study completed. Natural Resource Advisory Board educating the public on the results. SP 18: Intracoastal Waterway (Speed Control) Description: Community concerns exist regarding the safety of the intracoastal waterway, and the town needs to take an active role in its management. Progress: Ongoing. The Marine Unit of the Police Department started in March of 2022 to improve boater safety by enforcing existing speeds, educating boaters, and heightening intracoastal presence. The police department will collect data and information that can be utilized by all stakeholders in the future to lower speeds and wakes in the intracoastal. The town will continue to meet with our neighboring communities and stakeholders to form partnerships to manage this critical resource. SP 24: Gas-Powered Leaf Blower Regulations Description: Community concern has surfaced over the continued use of gas-powered leaf blowers within the community based on noise, pollution, and personal health. Progress: No progress. SP 25: A1A Right-of-Way Beautification Project Description: The Town Commission has expressed interest in evaluating the landscape conditions of the A1A Right-of-Way following the completion of the reconstruction and resurfacing of the State Road. This evaluation aims to assess whether landscaping applications are necessary or beneficial to enhance the aesthetics and functionality of the greenspace within the right-of-way. Progress: No progress. Departments: Town Planner Highland Beach Library Town Manager’s Office Page 289 2024-2025 STRATEGIC PRIORITIES PLAN TOWN OF HIGHLAND BEACH Advisory Board(s)/Community Support Groups: Natural Resources Preservation Advisory Board Planning Board Friends of the Library Library Volunteers Emerging Issues The following emerging issues may require action by the community in the short-term planning horizon resulting in the creation of a new project/initiative or require re-prioritization of existing projects/initiatives. The emerging issues include: • Aging/Underbuilt Infrastructure, Facilities & Structures • A1A Drainage/Flooding Issues • Climate Change/Sea Level Rise effect upon Intracoastal Waterways • Outdated Management Systems • American Disabilities Act (ADA) Requirements • Inflation/Recessionary Concerns • Property Insurance • Affordability/Cost of Living Capital Improvement Plan: Attached to the Strategic Priorities Plan is the Town of Highland Beach Capital Improvement Plan (CIP) for Fiscal Years 2024-2029 Outlook. The full CIP is prepared annually by Town Administration. The CIP is a strategic and dynamic guide that outlines the Town of Highland Beach’s plan for significant, long-term projects aimed at improving and maintaining the town’s infrastructure. These projects range from public works improvements, fire, and life safety upgrades, and maintaining and upgrading existing facilities. The CIP not only provides a detailed projection of the town’s capital needs but also a layout of funding sources and timelines for each project. This plan is crucial for the town’s sustainable growth and development, ensuring that all projects are systematically planned and executed with the town’s best interest in mind. The benefits of the CIP are as follows: • Ensure timely and systematic repair and replacement of aging infrastructure. • To forecast the capital needs for the near- and long-term future to serve as a guide in making budgetary decisions. • Identify the most economical and efficient means of timing and financing (if needed) capital projects. • Provide an opportunity for public input in the budget and finance process. • Help to eliminate unanticipated, poorly planned, or unnecessary capital expenditure. As with many five-year plans, there are also projects that have not been funded. Several are dependent upon other projects occurring first, while others are at a funding level that may need alternate funding sources for our infrastructure needs to maximize the value of our public dollars. Page 290 2024-2025 STRATEGIC PRIORITIES PLAN TOWN OF HIGHLAND BEACH Action Planning: The successful implementation of the projects and initiatives defined in the strategic priorities plan is contingent upon the development of an action plan. The action plan must provide clear directions with the ordered tasks/steps needed with target completion dates along with resources needed to complete the project. The plan shall identify those responsible for completing the steps and tasks and monitoring the progress of the project. As a project or initiative identified in the Strategic Priorities Plan moves from the “Planned” stage to “Commenced” stage, an action plan will be created by the assigned department. The action plan shall include: • A well-defined description of the project/initiative to be completed; and, • Tasks/steps that need to be carried out to complete the project/initiative; and, • Department/Employee who will be in charge of carrying out each task; and, • When will these tasks be completed (deadlines and milestones); and, • Resources needed to complete the tasks; and, • Measures to evaluate progress. The assigned department shall forward its action plan to the Town Manager for review and approval. Once approved, the action plan will be posted on the Town website and will be updated monthly. It is important to note that some projects may require a more complex action plan based on the scope of the project/initiative. The Action Plan Template is attached for reference. Page 291 2024-2025 STRATEGIC PRIORITIES PLAN TOWN OF HIGHLAND BEACH Strategic Priorities: Completed Projects & Initiatives List Fiscal Year 2020 1. PBA Collective Bargaining Agreement 2020 - 2023 2. FOP Collective Bargaining/General Employees 2020-2023 3. Sanitary Sewer Collection System Evaluation -- CCTV 4. FY 2020-2025 Water & Sewer Rate Study 5. Crosswalk Enhancement Project – Pedestrian Activated Signs/Flashers 6. Install ERP IT System: BS&A Modules Permitting, GL, Fixed Assets, Cash Receipting, AP/AR, PO, Utility Billing 7. Define Purchasing/AP/AR Process, Roles & Responsibilities 8. Update Building Administrative Code Section -- 7th Edition of Florida Building Code: 9. Complete Salary Table & Job Description Update 10. Implement Geographic Information System (GIS) & Expand Capacity 11. Southeast Palm Beach County Coastal Resiliency Partnership & Climate Vulnerability Assessment 12. Bucket Tree Pilot Program Fiscal Year 2021 1. Charter Review Process 2. Study Alternate Fire Rescue Service Models 3. Building Recertification Ordinance/Program 4. Crosswalk Enhancement Project – Overhead Lighting 5. Police Department – Marine Unit Formation 6. As-built drawing for Municipal Complex project 7. Right-of-Way (ROW) Disruption Ordinance 8. Town Hall Building Improvements 9. Fire Rescue Services Implementation PR Campaign, Retain Fire Rescue Services Consultants; Retain Medical Director and Assistant Medical Director; Election; Retain architect for fire station design; Commenced fire station design process; Development of Medical Protocols; EMS vehicle selection; Execution of fire services dispatch agreement; Preparation of COCPN and State EMS application documents. 10. FY 2020-2025 Water & Sewer Rate Study Update Fiscal Year 2022 1. Veterans’ tab on Town’s website 2. Police Department Accreditation (incl. Marine Unit) 3. Fund Balance Guidelines/Policy Revision 4. Property Rights Element – Comprehensive Plan Update 5. Building Permit Discount Fiscal Year 2023 1. PBA Collective Bargaining Agreement FY 2023 – 2026 2. FOP Collective Bargaining (General Employees) FY 2023-2026 3. FY 2023 Appropriation Received: $250,000 for Lift Station No. 2 Rehabilitation 4. 5-year financial forecast model completed (Updated Annually) 5. Purchasing Policy Update 6. Interactive Budget Posted on Website (Updated Annually) Page 292 2024-2025 STRATEGIC PRIORITIES PLAN TOWN OF HIGHLAND BEACH 7. Solid Waste Contract: FY 2023 -FY 2028 (w/ 2 one-year renewals) 8. Sprint/T-Mobile Cellular Lease Renewal (25-year Agreement based on a 5-year renewal periods) 9. Adopted Sea Turtle Lighting Ordinance 10. Updated Building Recertification Program (compliant with state statute) Fiscal Year 2024 1. FY 2024 Appropriation Received: $250,000 for Lift Station No. 3 Rehabilitation. 2. March 2024 Ballot Questions Approved: (1) Financing a Sanitary Sewer Lining Rehabilitation Project, (2) Raising the Current Funding Limitation, and (3) Ability to Designate Election Canvassing Duties to Palm Beach County. 3. Fire Station Construction 4. Fire Rescue Department Implementation 5. Mutual Aid Agreement with the City of Boca Raton 6. Code Enforcement Process Modified to Incorporate Special Magistrate 7. TOHB Beach Restoration Feasibility Study January 2024. Capital Improvement Plan: Completed Projects List The 2024 budget was $1.218M, with a $685K spend, leaving $533K unspent. Of this, $225K is allocated for the completion of Lift Station 3 in 2025. The cancellation of the Metal Car awning project added another $60K, while the remaining savings come from several Public Works projects that were completed under budget. WS 24-001 Muffler Replacement for Generator Project safeguarded efficient generator operation and reduced noise for residents. The project, with a $100K budget, came in under budget at $93.2K, saving $6.8K. WS 24-002 Media Replacement - Scrubbers & Degassifier Project ensured optimal treatment process performance and remove harmful contaminants from the water supply. The project budgeted $100K but came in under budget at $99.8K, resulting in a slight savings. PW/DST 24-003 Fence Replacement Fence replaced due to end-of-life. Project completed on time and within budget of $50K. SW 24-006 Pipe Well Coating (3) LS The original project planned to coat our existing piping. We changed it to HDPE, a better standard, saving us $72K compared to the original $150K budget, cutting the project’s cost in half. SW 24-007 Library Sewer Rehabilitation Sewer library rehabilitation was completed, fixing the sewer issue in the Library. The project cost was $17K vs the $50K budgeted a savings of $33K SW 24-014 Upgrade Electrical Panel Lift Station 1 The electrical panel upgrade for lift station 1 was completed for $10K, saving $40K over the budgeted $50K. The savings was mostly due to a rescale of inner components, as the exterior was unchanged. WS 24-017 Vehicle Purchase 5 Page 293 2024-2025 STRATEGIC PRIORITIES PLAN TOWN OF HIGHLAND BEACH The purchase of a new vehicle to replace the aging one was within budget at $30K. PW/DST 24-019 Gas Dispenser & Pump The dispenser system gas pump was completed for $9K, saving $21K over the budgeted $30K. PD/DST 24-002 Axon 2024-2028 The AXON Contract body-worn cameras, taser-less lethal, were purchased for $48.3K instead of the budgeted $52K, saving about $3K. PD 25-002 Marine Unit Trailer 2 Purchase The Police Department trailer purchase, originally scheduled for 2025, was completed in 2024 and stayed within budget of $20K. PD/DST 24-003 Flock Safety 2 License Plate Reader and Surveillance This project cost $27.7K, slightly over budgeted at $25K. PD/DST 24-004 Motorola This project replaced current police radios with (23) new units, coming in on budget at $53K (annual cost.) PD/DST 24-005 New Carpet for Police Department The Police Department’s carpet replacement was completed on budget of $12K. FD/GF 24-001 Rescue Holmatro Equipment Holmatro Cutter, Spreader, Ram, and associated battery packs were purchased within budget of $44K. Page 294 Dept Project #Projects Rank Descritpion Budget Actual Variance Status WS 24-001 Muffler Replacement for Generator 2 Ensures the generator operates effeciently and reduces noise 100,000$ 93,200$ 6,800$ Pantropic Power has completed the work and the muffler has been installed; awaiting Comission Approval on 3/5 WS 24-002 Media Replacement - Scrubbers & Degassifier 11 Assure optimal performance in the treatment process, and that harmful contiminants are removed from the water supply 100,000$ 99,750$ 250$ Vendor selected; PO apprved; looking ot kick off work in the next 2-3 weeks PW/DST 24-003 Fence Replacement 3 Fence is leaning and needs ot be replaced should be pulled into 2023 before hurricane season 50,000$ 49,990$ 10$ Fence has been completed 6-7-24 SW 24-006 Pipe Well Coating (3) LS 1 9 Extend useful life of piping and assure operational efficency 150,000$ 78,625$ 71,375$ Pipe will need to be changed to HDPE piping will come in under budget SW 24-007 Library Sewer Rehabilitation 10 Sewer ehabilitation for library as it has reached end of useful life 50,000$ 17,625$ 32,375$ plumbing experts has completed the project 6-7-24 WS 24-009 Metal Car Awning 8 Procuring metal awning auto coverage from the elemets 60,000$ 60,000$ This project was cancelled; may be revisited in future years PW/DST 24-010 Bridge Rehabilitation 7 Fix cracks in pillars, and other structual components 67,750$ 67,750$ -$ Working with Baxter Woodman have received the Engineering and PM costs for ~$65K that will be funded out of Penny Sales Tax. Based on B&W estimate the Bridge will cost $250K to rehabilitate coming in over budget. Prof fees PO has been created 24-0899 SW 24-014 Upgrade Electrical Panel Lift Station 1 4 Upgrade electrical panel for lift station 1 50,000$ 10,000$ 40,000$ project rescaled to inner electrical compnenets replacemnt pnly WS 24-016 Water Plant Blower Replacement 13 Bring up this project from 2025 50,000$ -$ 50,000$ Project moved to unknown future date WS 24-017 Vehicle Purchase 5 Purchase a new vehicle to replace aging vehicle 30,000$ 29,750$ 250$ Vehicle Purchases have been completed SW 24-018 Raise Lift Station 3 1 Raise lift station 225,000$ 225,000$ The actual construction phase of this project has been delayed; several administrative meetings have occurred; parts are 12+months out; Grant managers have been advised PW/DST 24-019 Gas Dispenser & Pump 6 End of life for gas pump and dispenser 30,000$ 9,000$ 21,000$ Project completed PW/DST 24-020 Town Entry Signs 14 New entry signage for entrance of town in North and South 50,000$ 24,780$ 25,220$ Spoke with Vendor they are still working on FDOT permitting ; once approved they will start on fabrication 6-8 weeks out PD/DST 24-002 Axon 2024-2028 1 AXON Contract body worn cameras, taser-less lethal, in car cameras and ALPR Cameras 52,000$ 48,248$ 3,752$ Last payment was for $48,248.24. Out of discretionary sales tax and no PO was created PD 25-002 Marine Unit Trailer 2 Purchase of a new trailer for Marine Unit 20,000$ 20,000$ -$ This project was originally slated for 2025 but was completed in 2024; trailer was procured PD/DST 24-003 Flock Safety 2 License Plate Reader and survelliance cameras 25,000$ 27,700$ (2,700)$ This project has been completed PD/DST 24-004 Motorola 3 Replacement of current police radios and new (23) units 53,000$ 53,000$ -$ This project has been completed PD/DST 24-005 New Carpet for Police Department 4 Replacement of carpet for PD 12,000$ 12,230$ (230)$ This project has been completed FD/GF 24-001 Rescue Holmatro Equipment 1 Purchase of Holmatro Cutter, Spreader, Ram, and associated battery packs 44,000$ 43,654$ 346$ This project has been completed 1,218,750$ 685,302$ 533,448$ SW 25-001 Raise Lift Station 2 1 Assure flooding protection and operational efficency 300,000$ 275K Appropriation Approval WS 25-002 Acid Bulk & Day Tank Replacement 2 Replacement of aging tanks that are showing ware and tare and have visual leakage 205,000$ Project to kickoff February 2025 WS 25-001 Replace Membrane Side Ports & Seal Rings 1 Membrane housing are reaching EOL replacements needed to assure continued operation 80,000$ 61,363$ 18,637$ This project is in progress and has been approved by the commission WS 25-005 Garage Door Replacement 3 Garage doors are reaching endo of life and need replacement 75,000$ Project to begin January 2025 BD 25-007 Resurfacing and Repaving of Town Complex 4 After Firestation is completed repaving of town complex 250,000$ Researching piggybacking off FDOT project RRR paving anticipated June 2025 start date PW 25-008 Old Firestation demo/re-store 5 Teardown and repurpose of old firestation 1,200,000$ Marshall to update PW/DST 25-009 Police Marine Unit Docking (Grants)6 Building of docks for Police Marine Units (w/o Seawall) w Seawall +20K 125,000$ Project to start Q2 2025 WS 25-004 Replace Support Degassifier 7 Current support is rusting and will reach EOL 100,000$ Project to begin January 2025 PW/DST 25-011 Replace PLC Switch Gear 8 Replacement of switch gear for PLC 100,000$ 79,955$ 20,045$ This project is in progress and has been approved by the commission 2024 Actual Expenditure + CIP Future Outlook TOTAL 2024 Budget Year Page 295 Dept Project #Projects Rank Descritpion Budget Actual Variance Status 2024 Actual Expenditure + CIP Future Outlook PW 25-012 Replace AC Town Hall & Library 9 Replace AC units in Town Hall & Library 100,000$ Begin preliminary meetings with vendors in Novemebr 2024; Project to kickoff January 2025 WS 25-013 New VT Scada Software 10 New version of software upgrade infra and SaaS 100,000$ Project to being March 2025 SW 25-014 Pumps for LS 1 11 New pumps for Lift Station needed assets have reeached EOL 150,000$ Project to being April 2025 PW/DST 25-015 Gator Vehicle 12 New beach utility vehicle John Deere is not suited for beach use and needs replacement 25,000$ In progress receiving quote; anticipated purchase vehicle in December 2024 PW/DST 25-016 Store Front Upgrade Town Hall 13 Modernize appearance of Town Hall 30,000$ Project is in progress 1 quote received so far awaiting feedback from 2 other vendors PW/DST 25-017 Repair Bridge 14 repair and replace end cap on bridge along with structual rigidity enhancements 200,000$ Waiting on engineering firm to put out to bid project to begin 2nd quarter 2025 FD/GF 25-001 Rescue Genesis Equipment 1 Purchase of Genesis Cutter, Spreader, Ram, and associated battery packs 60,000$ This is for the Delray Unit FD/GF 25-002 Rescue Jacks 2 Vehicle Stabilization Struts x $4,000 18,000$ L120 and L220 Models are being researched BD 25-001 New Office Build 2 Build of new offices (3) for employees 150,000$ Still waiting on architect for designs and plans PD/DST 25-001 (2) Fleet Vehicle Purchase 1 Replacement of aging police vehicles inclusive of emergency operation equipment (2)150,000$ Car purchases and management have been approved by the comission to be moved to Enterprise Fleet Management PD 25-003 Administrative Area Reconfiguration and New Cabinets 3 Reconfiguration of administrative area including wall removal and new cabinets 60,000$ PD/DST 25-004 Beach Utility Vehicle 4 Beach Utility Vehicle 30,000$ 31,500$ (1,500)$ Vehicle purchased October 2024 PD 25-005 Engineering Fees for Police Dock 5 Anticipated full cost is $100K; working on available grants for 50% cost coverage 100,000$ Project to start Q1 2025 PD 25-006 Old Post Office to PD Rebuild 6 Post Office into a security center and public entrance to PD 700,000$ Design concept developed ; value engineering and cost estimation phase has commenced 4,308,000$ 172,817$ 37,183$ WS/BD 26-001 Water Plant Roof Replacement 1 Ensures continued safe and efficent operation of the water plant by providing a durable and eather resisant roof 250,000$ PW 26-003 Chiller Replacement HVAC 3 Ensure cooling to crucial compnents in the water plant 90,000$ PW 26-004 Replacement of Portable Generator 4 Portable Generator to reach end of life 80,000$ PW 26-006 Mezzanine Walk Install 6 Install structure to access tall equipment in wtaer plant 150,000$ PW 26-010 Crosswalk path embedded lighting 9 Additon of lighting on pedestrian crosswalk path 250,000$ SW 26-007 Sewer Lining Replacement 5 Updating the lining of the sewers to extend useful life and efficency 3,500,000$ FD 26-001 Turnout Gear 1 Replacement of aging turnout gear 120,000$ PD 26-001 Fleet Vehicle Purchase 1 Replacement of aging police vehicles inclusive of emergency operation equipment 75,000$ PD 26-002 Outboard Marine Engines (2)2 Currrent engines will reach 5000 hours replacement needed; working on available grants for 50% xost coverage 130,000$ PD 26-003 Construction Marine Dock PD 3 Construction costs of marine dock; working on 50% grant cost coverage 1,000,000$ 5,645,000$ PW 27-002 Library Roof Replacement 2 Roof will reach end of life; replacement will ensure continued safe operation of the library 250,000$ PW 27-004 Replacement of Portable Generator 4 Portable Generator to reach end of life 85,000$ PD 27-001 Fleet Vehicle Purchase 1 Replacement of aging police vehicles inclusive of emergency operation equipment 75,000$ PD 27-002 Emergency Message Board 2 Purchase of an Emergency Message Board 25,000$ 435,000$ WS 28-002 New CO2 Tank 1 Existing tank's useful life will be expired by 2027-2028 350,000$ PW 28-003 Resurfacing Walk Path 2 Walkpath will show signs of ware and tare in an estimated 5 years 350,000$ WS 28-004 Steel Beam Replacement for Membranes 4 Existing steel beans will reach their end of life and are currently showing corrosion and structual fatigue 150,000$ PW 28-005 Resurfacing of Town Roads 5 Resurfacing expected in 5 years from ware and tare on the roads 500,000$ WS 28-006 Replace Cartridge Filter Vessels 6 Exisitng system has been operational for several years and has reached the end of its useful life; replacement ensures clean and safe drinking water to the town 100,000$ WS 28-007 Vehicle Purchase 7 Water plant vehicle purchase as current vehicle will be 10+ years old 40,000$ PD 28-001 Inflatable Collar for Marine Patrol Vessel 1 Purchase of inflatable collar for police marine unit 20,000$ PD 28-002 Laptop Purchase PD 2 Purchase of new rugged laptops for PD 50,000$ TOTAL 2025 Budget Year TOTAL 2026 Budget Year TOTAL 2027 Budget Year Page 296 Dept Project #Projects Rank Descritpion Budget Actual Variance Status 2024 Actual Expenditure + CIP Future Outlook FD 28-001 Fleet Vehicle Purchase 1 Replacement of aging fire vehicles inclusive of emergency operation equipment 60,000$ 1,620,000$ PW 29-001 Beach Vehicle Purchase 1 Current beach vehicle will reach EOL 30,000$ PW 29-002 Vehicle Purchase 2 Replacement Vehicle DPW 45,000$ WS 29-003 Membranes WTP 3 New Membranes for wtaer treatment plant as old ones will be 12+ years old 800,000$ WS 29-004 High Service Pumps (2)4 Replace aging high service as current will be EOL 300,000$ PW 29-005 Window and Door Replacment Exterior 5 Replace windows and doors WTP 150,000$ WS 29-006 Well #8 Study 6 Engineer study on current condition of well 50,000$ PW 29-007 Upgrade air exhaust system 7 Upgrade WTP building circulation 75,000$ SW 29-008 Rehab LS 4 8 LS 4 will be reaching EOL 200,000$ PW 29-009 New Ford F150 9 New vehicle 55,000$ WS 29-010 Train Motor Replacement 10 (2) Motor Repalcement 125,000$ PD 29-001 Fleet Vehicle Purchase 1 Replacement of aging police vehicles inclusive of emergency operation equipment 75,000$ FD 29-001 New Truck Purchase 1 Current vehicle will be reaching EOL 80,000$ 1,985,000$ 15,211,750$ TOTAL 5 Year CIP Budget TOTAL 2028 Budget Year TOTAL 2029 Budget Year Page 297 TOWN OF HIGHLAND BEACH AGENDA MEMORANDUM MEETING TYPE: Town Commission Meeting MEETING DATE December 17, 2024 SUBMITTED BY: Town Manager’s Office SUBJECT: Continued Discussion of Fiscal Year (FY) 2024-2025 Strategic Priorities Plan Update and 5-Year Capital Improvement Plan SUMMARY: The Town Commission has reviewed the Strategic Priorities Plan at the November 19 and December 3 regular commission meeting and reviewed the Five-Year Capital Improvement Plan (CIP) at the December 3 regular commission meeting. Based on the discussion and guidance provided at the aforementioned meetings, the Fiscal Year (FY) 2024 -2025 Strategic Priorities Plan and Five-Year Capital Improvement Plan Outlook for FY 2024-2029 are attached for review and approval. Also attached is the FY 2024-2025 Strategic Priorities: Ranked Project List for reference. December 03, 2024: On November 19, the Town Commission reviewed the FY 2024 -2025 Strategic Priorities, including the Ranked and Un-Ranked Project List. During the discussion, Commissioners provided feedback on project rankings and directed the Town Manager to prepare an updated list reflecting their guidance. The Town Manager also indicated that the Commission could begin reviewing the 5-Year Capital Improvement Plan at the next meeting. November 19, 2024: At the beginning of each fiscal year, the Town Commission reviews the Strategic Priorities Plan to discuss the current statuses of projects and initiatives. Enclosed please find the FY 2024-2025 Strategic Priorities Plan including a separate document containing the FY 2024-2025 Strategic Priorities: Ranked and Un-Ranked Project List. During the discussion, the Commission will add any new projects and begin to prioritize the projects for the upcoming year. FISCAL IMPACT: TBD ATTACHMENTS: Page 298 FY 2024-2025 Strategic Priorities Plan FY 2024-2025 Strategic Priorities: Ranked Project List Five-Year Capital Improvement Plan Outlook FY 2024-2029 RECOMMENDATION: Commission review and discussion. Page 299 2024-2025 STRATEGIC PRIORITIES PLAN TOWN OF HIGHLAND BEACH FY 2024-2025 Strategic Priorities: Ranked Project List 12/03/2024; Revised 12/11/2024 SP 1: Milani Park Description: Continue to work with Palm Beach County Administration and Parks and Recreation Department along with County Commissioner(s) on the future development of Milani Park. Milani Park is governed by a settlement agreement that stipulates design of the park and the timing of construction. The county has one more 5-year extension. Progress: Contract compliance review is ongoing. An archaeologist to assist with cultural resource review has been secured. Town Mayor facilitating design conversations with Palm Beach County. SP 2: Sanitary Sewer Lining Project Description: The sanitary sewer system has begun to show signs of deterioration and needs complete rehabilitation via a comprehensive lining project. The selected method of rehabilitation is the least disruptive and most cost effective. The residents in March of 2024 authorized the project at a not to exceed cost of $3.5 million. Staff attempted to secure a “piggyback” contract to complete the project in phases. No such contract could be obtained; therefore, staff will commence securing a Clean Water State Revolving Fund Loan (SRF) to complete the project in one single phase. Progress: Staff has reached out to the State of Florida SRF Program. This project cannot start construction until FDOT has completed the A1A Resurfacing Project. August application date targeted. SP 3: Police Assigned Vehicle Program Description: To enhance the recruitment and retention of high-quality police officers and remain competitive with neighboring agencies, the Town Commission has directed the Town Manager’s Office, in collaboration with the Police Department, to develop an assigned vehicle program. The project will also involve exploring and assessing various financing options. Progress: The Town Commission authorized the program and necessary budget amendments. Legal reviewing contract which will be followed by ordering. SP 4: Communication & Community Engagement Description: Actively communicate with the public through multiple mediums and platforms to ensure the community receives timely value-added communications regarding town business and affairs. Also, plan community events. Progress: Ongoing. The Manager’s Office sends out a weekly news flash, the Manager’s Monthly Newsletter (emailed and mailed), updates Channel 99, and regular updates to Facebook. The Manager’s Office is evaluating the value of using polls, surveys and other social media platforms. Website use and navigation to be evaluated to improve user experience. The Town of Highland Beach App is in development. SP 5: Police Marine Docking/Access Facility Description: The project involves the design and construction of a marine docking facility to support the Police Department's patrol and rescue vessel. The facility will be situated at the western end of the Town Hall complex, behind the library. To offset project costs, the Town will actively seek grants and appropriations. Page 300 2024-2025 STRATEGIC PRIORITIES PLAN TOWN OF HIGHLAND BEACH Progress: The Police Department has secured the FIND Grant (50% cost share) for the design portion of the project. The Town Manager’s Office and Police Department will pursue grants/appropriations for construction. Staff recommends a referendum as cost may exceed charter spending limit and may not be able to meet grant match obligations if awarded. SP 6: A1A Highway RRR Project Description: Partner with FDOT to ensure the road rehabilitation and resurfacing (RRR) project is completed with limited and controlled disruptions to the community. The project includes needed drainage improvements, paved shoulder enhancements to accommodate cyclists and embedded crosswalk lighting. Progress: Under Construction. Target completion date June 2025. SP 7: Town Entry Signs (A1A) Description: The two existing town entry signs have deteriorated and need to be replaced. Progress: Signs have been constructed. South sign installed and waiting for north installation. Landscaping follows installation. SP 8: Marine Accessory Structures Ordinance Amendment(s) Description: Conduct an in-depth review of all ordinance provisions related to the installation and construction of marine accessory structures to ensure they are appropriate for waterfront property owners. The review shall include a public engagement process. The project is being facilitated by the Planning Board, ordinance sponsor and staff at the direction of the Town Commission. Progress: Commission reviewed ordinance language (September 2024) then directed approved ordinance revisions to Planning Board for formal review and recommendation (First Read -- December 17, 2024.) SP 9: State Appropriations Description: Requests for state financial assistance for capital improvement and planning projects. Annually evaluate town operations and capital improvement plan for opportunities for appropriation requests and/or grants. Progress: FY 2025 Appropriation requests to be discussed with Lobbyist November/December 2024. SP 10: Old Fire Station Description: Consider the rehabilitation of the Old Fire Station to not only store reserve apparatus and equipment for the Fire Rescue department but also create useful and beautiful multi-purpose space for community functions. Progress: Preliminary design concepts and structural evaluation of old fire station completed. Project in value engineering and cost estimation phase. Staff recommends a referendum as cost may exceed charter spending limit. SP 11: Old Post Office (PD) Description: Explore the rehabilitation of the old Post Office into a security center and public entrance to the Police Department. Project will evaluation physical connection of the old Post Office to the existing Police Station. Progress: Preliminary design concepts developed and shared independently with Commissioners. Value engineering and cost estimation phase has commenced. Page 301 2024-2025 STRATEGIC PRIORITIES PLAN TOWN OF HIGHLAND BEACH SP 12: Comprehensive Plan Update Description: Pursuant to state law, local governments are required to periodically update their Comprehensive Plan. The Town’s comprehensive plan functions as a roadmap for a community's future growth and development, encompassing principles, guidelines, standards, and strategies to ensure orderly economic, social, physical, environmental, and fiscal growth. It captures the community’s commitment to implementing sustainable, balanced development initiatives through detailed sections, which often include goals, objectives, and policies. These sections outline how the local government’s programs, activities, and land development regulations will align with and promote the plan in a cohesive and consistent manner Progress: The Town Planner along with the Town Manager’s Office has engaged a consultant to assist with our Comprehensive Plan update. Initial internal staff meetings have commenced and will be followed by a Commission and public engagement and approval process. SP 13: Financial Management Systems Description: The Finance Department in partnership with the Manager’s Office is updating the town’s investment policy and the 5-year Financial Forecast Model. Progress: The updates scheduled Winter 2025 SP 14: Electric Vehicle Protocols (Fire Safety) Description: In response to the increasing use of electric vehicles and other battery-powered modes of transport, the Town Commission has tasked the Fire Department, in collaboration with Condominium Associations, with developing fire safety guidelines for vehicle charging and rechargeable battery storage. These guidelines will aim to ensure safe practices and reduce fire risks within the community. The guidelines will be accompanied by a public outreach campaign. Progress: Guidelines developed by Highlands Place Condominium and Vice Mayor Stern and will be used as template for other groups. Outreach pending. SP 15: Preferred Employer Program Description: The Town Manager’s Office, in collaboration with the Town Commission, will design and implement a comprehensive compensation, workplace, and benefits program. This initiative aims to attract and retain high-quality employees who excel in teamwork and are committed to delivering exceptional municipal services and public safety. Progress: Ongoing with annual budget. SP 16: Home Occupation Ordinance Provisions Description: House Bill 403 which became effective July 1, 2021, prohibits local governments from taking certain actions relating to the licensure and regulation of home-based businesses, specifies conditions under which a business is considered a home-based business, authorizes home-based businesses to operate in areas zoned for residential use if the business meets certain criteria, specifies that home-based businesses are subject to certain business taxes and authorizes adversely affected current or prospective home-based business owners to challenge certain local government actions in violation of the statute. The current “home occupation” regulations provided in Chapter 30 need to be revised to be compliant with Florida Statutes. Progress: Town Commission reviewed draft ordinance concepts and directed Planning Board to conduct public review and make recommendations. Page 302 2024-2025 STRATEGIC PRIORITIES PLAN TOWN OF HIGHLAND BEACH SP 17: Dune Restoration & Management Description: The Town Commission assigned the Natural Resource Preservation Advisory Board (NRPAB) to work with staff to educate the public on the importance of dune restoration and management. Progress: The updated the 2013 Beach Feasibility Study completed. Natural Resource Advisory Board educating the public on the results. SP 18: Intracoastal Waterway (Speed Control) Description: Community concerns exist regarding the safety of the intracoastal waterway, and the town needs to take an active role in its management. Progress: Ongoing. The Marine Unit of the Police Department started in March of 2022 to improve boater safety by enforcing existing speeds, educating boaters, and heightening intracoastal presence. The police department will collect data and information that can be utilized by all stakeholders in the future to lower speeds and wakes in the intracoastal. The town will continue to meet with our neighboring communities and stakeholders to form partnerships to manage this critical resource. SP 19: Zoning District Evaluation (Density) Description: The Town Commission has directed to the Planning Board to commence a public review process of the permitted zoning densities of each zoning district within the town to see if it is appropriate to revise to preserve town character, accommodate redevelopment and protect property values. Progress: The Planning Board has commenced its discussion of the public engagement process. The Commission has suspended further review pending Milani Park Project and “Live Local” legislative modifications. No other progress. SP 20: Public Record Digitization/Management Project Description: This project is the digitization of historical, hard copy records and documents. Progress: Seventy-five thousand (75,000) records digitized to date and the goal is to digitize all historical records by end of 2024 and create a policy governing record management moving forward. Policy is drafted and under administrative review. SP 21: Charter Review/Amendments (Annual Review) Description: Annual review and consideration of necessary charter revisions and/or amendments to ensure effective and efficient town operations consistent with best management practices. This project also involves evaluation of the previous charter amendments. Progress: Commission discussion Fall 2024/Winter 2025. SP 22: Evaluate Ordinance Development Process Description: Consider reviewing the current ordinance development procedure to ensure it is the most efficient and effective means of addressing community problems and challenges and engages the residents. Progress: No progress to date. Preparing discussion for future Commission meeting Fall 2024/Winter 2025. Page 303 2024-2025 STRATEGIC PRIORITIES PLAN TOWN OF HIGHLAND BEACH SP 23: Temporary Sign Ordinance Review Description: The Town Commission and concerned residents have requested staff to evaluate the ordinance provisions related to temporary signs with a focus on political signs and real estate signs. Progress: No Progress. SP 24: Gas-Powered Leaf Blower Regulations Description: Community concern has surfaced over the continued use of gas-powered leaf blowers within the community based on noise, pollution, and personal health. Progress: No progress. SP 25: A1A Right-of-Way Beautification Project Description: The Town Commission has expressed interest in evaluating the landscape conditions of the A1A Right-of-Way following the completion of the reconstruction and resurfacing of the State Road. This evaluation aims to assess whether landscaping applications are necessary or beneficial to enhance the aesthetics and functionality of the greenspace within the right-of-way. Progress: No progress. Page 304 File Attachments for Item: A. Development Order Application No. PZ-24- 4 / Daniel Edwards Consider an application by Toly Pappas, Randall Stofft Architects, requesting site plan approval for a new three story, two-unit (5,217 square foot per unit) townhome development with pool and spa for the property located at 4306 South Ocean Boulevard. Page 305 PLANNING BOARD STAFF REPORT MEETING OF: DECEMBER 17, 2024 TO: TOWN COMMISSION FROM: INGRID ALLEN, TOWN PLANNER SUBJECT: APPLICATION BY TOLY PAPPAS, RANDALL STOFFT ARCHITECTS, REQUESTING SITE PLAN APPROVAL FOR A NEW THREE STORY, TWO-UNIT (5,217 SQUARE FOOT PER UNIT) TOWNHOME DEVELOPMENT WITH POOL AND SPA FOR THE PROPERTY LOCATED AT 4306 SOUTH OCEAN BOULEVARD (APPLICATION NO. PZ-24-4). Applicant (Property Owner): Daniel Edwards 654 Lakewoode Cir W Delray Beach, FL 33445 Applicant’s Agent: Toly Pappas Randall Stofft Architects 42 North Swinton Avenue Delray Beach, Fl. 33444 Property Characteristics: Comprehensive Plan Land Use: Multi Family Low Density Zoning District: Residential Multiple Family Low Density (RML) Site Location: 4306 South Ocean Boulevard Parcel PCN#: 24-43-47-04-60-000-0010, 24-43-47-04-60-000-0020, 24-43-47-04-60-000-0030 I. GENERAL INFORMATION: HIGHLAND BEACH BUILDING DEPARTMENT 3614 S. Ocean Boulevard Highland Beach, FL 33487 Ph: (561) 278-4540 Fx: (561) 265-3582 Page 306 Adjacent Properties: PARCEL ZONING DISTRICT FUTURE LAND USE DESIGNATION North Residential Multiple Family Low Density (RML) Multi Family Low Density South Residential Multiple Family Low Density (RML) Multi Family Low Density East Residential Multiple Family Low Density (RML) Multi Family Low Density West Residential Single Family (RS) Single Family Request and Analysis: The Applicant is requesting site plan approval to construct a new three story, two-unit (5,217 square foot per unit) townhome development with pool and spa. The property currently contains a single structure that consists of three (3) two-story townhome units. The Applicant proposes to demolish the existing structure. Pursuant to Section 30-67 of the Town Code, a two-unit townhome is permitted in the RML zoning district. Section 30-131 of the Town Code defines multifamily dwelling as follows: Dwelling, multifamily means a residential building containing more than one dwelling unit, including such dwelling types as an apartment building, duplex, triplex, fourplex, townhouse apartment, patio apartment, garden apartment, and villa apartment. Pursuant to the maximum density regulation for the RML zoning district (six (6) dwelling units per acre) found in Section 30-64 of the Town Code, a maximum of two (2) dwelling units is permitted on the property. It is worth noting that the property is exempt from the side corner yard setback (25 feet for the RML zoning district) as defined in Section 30-131 below. The property’s legal description is Block 1, lot 19, Bel Lido Subdivision and therefore the side setback along Bel Lido Drive is 12 feet as provided in the property development regulations found in Section 30-64. Yard, side corner means a required yard or setback extending along the street side of a lot between the required front and rear yards or setbacks and, for the purposes of this Code, all yards adjacent to streets shall be considered front yards, except Block 1, lot 19; Block A 2, lot 1, Bel Lido Subdivision. There are no proposed changes to the landscaping in Florida Department of Transportation’s (FDOT) right-of-way along State Road A1A. The Applicant is proposing a new driveway and therefore a Town right-of-way permit is required. Pursuant to Town Resolution No. 2021-041, Town Commission approval is required for construction improvements within FDOT’s State Road A1A right-of-way until completion of FDOT’s Resurfacing, Restoration, and Rehabilitation (RRR) Project. The Town right-of-way permit request will be considered by the Town Commission Page 307 concurrently with the site plan approval request. The Applicant has received FDOT approval for the new driveway (Permit No. 2024-A-496-00043). Section 30-31 of the Town Code indicates that a request for site plan approval for a multifamily residence requires an advisory review from the Planning Board and a final approval from the Town Commission. If the request receives Town Commission approval, the applicant will be required to obtain a building permit, prior to initiation of construction, from the Town of Highland Beach Building Department. Pursuant to Section 30-21(g) of the Town Code, commencement of construction shall be initiated within two (2) years following the date of approval by the Town Commission. Staff reviewed the Applicant’s proposed request including plans date stamped received by the Building Department on October 24, 2024 and finds that the project is consistent with the Town Code of Ordinances as it pertains to site development. Planning Board Recommendation: At the November 14, 2024 Planning Board meeting, the Board moved to recommend approval of Development Order No. PZ-24-4 to the Town Commission (motion carried 7-0). Should you have any questions, please feel free to contact me at (561) 637-2012 or iallen@highlandbeach.us Attachments: Application Aerials Applicant Plans (11X17) Page 308 Page 309 Page 310 Page 311 0 0.01 0.020 Miles ±Scale: 1:564 Date: 10/24/2024 Time: 4:21 PM Page 312 4306 South Ocean Blvd (front) 01/01/2024 South Ocean Blvd. Bel Lido Dr. SUBJECT PROPERTY Page 313 4306 South Ocean Blvd. (rear) 01/01/2024 SUBJECT PROPERTY Page 314 Page 315 Page 316 Page 317 Page 318 Page 319 Page 320 Page 321 Page 322 Page 323 Page 324 Page 325 Page 326 Page 327 Page 328 Page 329 Page 330 Page 331 Page 332 Page 333 Page 334 Page 335 Page 336 Page 337 Page 338 Page 339 Page 340 Page 341 Page 342 Page 343 Page 344 TOWN OF HIGHLAND BEACH NOTICE OF PUBLIC HEARING APPLICATION NO. PZ-24-4 500 Ft Public Notification Boundary Dear Property Owner: This is to notify you that the PLANNING BOARD of the Town of Highland Beach will conduct a public hearing on Thursday, November 14, 2024 at 9:30 AM and the TOWN COMMISSION will conduct a public hearing on Tuesday, December 17, 2024 at 1:30 PM in the Commission Chambers at Town Hall located at 3614 South Ocean Boulevard, Highland Beach, Florida to consider the following application. APPLICATION BY TOLY PAPPAS, RANDALL STOFFT ARCHITECTS, REQUESTING SITE PLAN APPROVAL FOR A NEW THREE STORY, TWO-UNIT (5,217 SQUARE FOOT PER UNIT) TOWNHOME DEVELOPMENT WITH POOL AND SPA FOR THE PROPERTY LOCATED AT 4306 SOUTH OCEAN BOULEVARD. The application is available for inspection in the Town Clerk’s Office at Town Hall, Monday through Friday during normal business hours of 8:30 a.m. to 4:30 p.m. Any person that 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 of the proceeding is made, which includes the testimony and evidence upon which the appeal is based. The Town of Highland Beach does not provide such a record. In accordance with the Americans with Disabilities Act, persons who need special accommodation to attend or participate in this meeting should contact the Town Clerk’s Office at (561) 278-4548 at least 48 hours prior to the meeting. If you are hearing or speech impaired, please contact the Florida Relay Service at 1-800-955-8770 or 1-800-955-8771. For additional information, please contact the Town Planner at (561) 278-4540. TOWN OF HIGHLAND BEACH, BUILDING DEPARTMENT Page 345 Page 346 Sold To: Town of Highland Beach - CU00398185 3614 So. Ocean Blvd. Highland Beach,FL 33487 Bill To: Town of Highland Beach - CU00398185 3614 So. Ocean Blvd. Highland Beach,FL 33487 Published Daily Fort Lauderdale, Broward County, Florida Boca Raton, Palm Beach County, Florida Miami, Miami-Dade County, Florida State Of Florida County Of Orange Before the undersigned authority personally appeared Rose Williams, who on oath says that he or she is a duly authorized representative of the SUN- SENTINEL, a DAILY newspaper published in BROWARD/PALM BEACH/MIAMI-DADE County, Florida; that the attached copy of advertisement, being a Legal Notice in: The matter of 11720-Notice of Public Meeting , Was published in said newspaper by print in the issues of, and by publication on the newspaper¶s website, if authorized on Nov 04, 2024 SSC_Notice of Public Meeting 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: November 04, 2024. Signature of Notary Public Name of Notary, Typed, Printed, or Stamped Personally Known (X) or Produced Identification ( ) Affidavit Delivery Method: E-Mail Affidavit Email Address: jdehart@highlandbeach.us 7717163 SUN-SENTINEL Page 347 Order # - 7717163 SUN-SENTINEL Page 348 SUN-SENTINEL Page 349 File Attachments for Item: B. Consider a request for a Town of Highland Beach Right-of-Way (ROW) permit for the property located at 4306 South Ocean Boulevard. Page 350 TOWN OF HIGHLAND BEACH AGENDA MEMORANDUM MEETING TYPE: Town Commission Meeting MEETING DATE December 17, 2024 SUBMITTED BY: Ingrid Allen, Town Planner, Building Department SUBJECT: Request for a Town of Highland Beach Right-of-W ay (ROW ) permit for the property located at 4306 South Ocean Boulevard SUMMARY: On December 7, 2021, the Town Commission adopted Ordinance No. 2021 -018 which provides for the protection of the public ROW while also allowing certain improvements. Pursuant to Section 25-1 of the Town Code, it shall be unlawful to construct improvements or install new trees in new locations within the public ROW including swales without first obtaining a Town ROW permit from the Building Department unless waived or otherwise determined as not required by the Town’s Public Works Director. At the same Town Commission meeting, Resolution No. 2021-041 was adopted which requires Town Commission approval of ROW permits for construction of improvements or placement of trees in new locations within State Road A1A ROW . The latter approval is applicable until the Florida Department of Transportation’s (FDOT) Resurfacing, Restoration and Rehabilitation Project (“RRR Project”) is completed. The Applicant is proposing a new driveway and has received a driveway connection permit (Permit No. 2024-A-496-00043) from FDOT (Attachment No. 1). The Town’s Public Works Department has indicated that the proposed driveway plan does not conflict with existing Town utilities. Note that the Applicant is not proposing any changes to landscaping located in FDOT’s right-of-way. On November 14, 2024, the Planning Board recommended site plan approval (motion carried 7-0) for a new three-story, two-unit (5,217 square foot per unit) townhome development with pool and spa at the property (Development Order No. PZ-24-4). Concurrent with this request for a Town ROW permit, the Commission will also consider the request for site plan approval (Development Order No. PZ-24-4). FISCAL IMPACT: N/A ATTACHMENTS: Attachment No. 1 - FDOT driveway connection permit (No. 2024-A-496-00043). Page 351 RECOMMENDATION: At the discretion of the Town Commission. Page 352 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DRIVEWAY CONNECTION PERMIT FOR ALL CATEGORIES Access Classification: See following pages for General and Special Provisions PART 1: PERMIT INFORMATION APPLICATION NUMBER: Permit Category: Project: Permittee: Section/Mile Post: State Road: Section/Mile Post: State Road: PART 2: PERMITTEE INFORMATION Permittee Name: Permittee Mailing Address: City, State, Zip: Telephone: Engineer/Consultant/or Project Manager: Engineer responsible for construction inspection: NAME P.E. # Mailing Address: City, State, Zip: Telephone: PART 3: PERMIT APPROVAL The above application has been reviewed and is hereby approved subject to all Provisions as attached. Permit Number: Department of Transportation Title: Special provisions attached Date of Issuance: Signature: Department Representative's Printed Name Temporary Permit (If temporary, this permit is only valid for 6 months) If this is a normal (non-temporary) permit it authorizes construction for one year from the date of issuance. This can only be extended by the Department as specified in 14-96.007(6). SYSTEMS PLANNING - 06/06 850-040-18 NOYES NOYES Page 1 of 3 Rule 14-96, F.A.C. FAX, Mobile Phone, etc. 2024-A-496-00043 Daniel Edwards Edwards Duplex, 4306 S Ocean Blvd, Highland Beach MAINTENANCE MANAGER/PERMITS 2024-A-496-00043 Daniel Edwards 4 Johnny Blakeney 4 / Delray Beach, Florida 33445 / (561) 243-0799 ext. ______ 654 Lakewoode Cir W 9/3/2024 A - less than 20 VTPD Fax: / Mobile: Johnny Blakeney Approved 2024-A-496-00043 Johnny Blakeney 9/3/2024Page 353 PART 4: GENERAL PROVISIONS 1. Notify the Department of Transportation Maintenance Office at least 48 hours in advance of starting proposed work. Phone: , Attention: 2. A copy of the approved permit must be displayed in a prominent location in the immediate vicinity of the connection construction. 3. Comply with Rule 14-96.008(7), F.A.C., on Utility Notification Requirements.4. Comply with Rule 14-96.008(1), F.A.C., Disruption of Traffic. 5. All work performed in the Department's right of way shall be done in accordance with the most current Department standards, specifications and the permit provisions. 6. The permittee shall not commence use of the connection prior to a final inspection and acceptance by the Department. 7. Comply with Rule 14-96.003(3)(a), F.A.C., Cost of Construction. 8. If a Significant Change of the permittee's land use, as defined in Section 335.182, Florida Statutes, occurs, the Permittee must contact the Department. 9. Medians may be added and median openings may be changed by the Department as part of a Construction Project or Safety Project. The provision for a median might change the operation of the connection to be for right turns only. 10. All conditions in NOTICE OF INTENT WILL APPLY unless specifically changed by the Department. 11. All approved connection(s) and turning movements are subject to the Department's continuing authority to modify such connection(s) or turning movements in order to protect safety and traffic operations on the state highway or State Highway System. 12.Transportation Control Features and Devices in the State Right of Way. Transportation control features and devices in the Department's right of way, including, but not limited to, traffic signals, medians, median openings, or any other transportation control features or devices in the state right of way, are operational and safety characteristics of the State Highway and are not means of access. The Department may install, remove or modify any present or future transportation control feature or device in the state right of way to make changes to promote safety in the right of way or efficient traffic operations on the highway. 13. The Permittee for him/herself, his/her heirs, his/her assigns and successors in interest, binds and is bound and obligated to save and hold the State of Florida, and the Department, its agents and employees harmless from any and all damages, claims, expense, or injuries arising out of any act, neglect, or omission by the applicant, his/her heirs, assigns and successors in interest that may occur by reason of this facility design, construction, maintenance, or continuing existence of the connection facility,except that the applicant shall not be liable under this provision for damages arising from the sole negligence of the Department. 14. The Permittee shall be responsible for determining and notify all other users of the right of way. 15. Starting work on the State Right of Way means that I am accepting all conditions on the Permit. SYSTEMS PLANNING - 06/06 850-040-18 Page 2 of 3 Rule 14-96, F.A.C. 7863146067 Paul Donovan Approved 2024-A-496-00043 Johnny Blakeney 9/3/2024Page 354 NOYES OTHER SPECIAL PROVISIONS: PART 5: SPECIAL PROVISIONS NON-CONFORMING CONNECTIONS: If this is a non-conforming connection permit, as defined in Rule Chapters 14-96 and 14-97, then the following shall be a part of this permit. 1. The non-conforming connection(s) described in this permit is (are) not permitted for traffic volumes exceeding the Permit Category on page 1 of this permit, or as specified in "Other Special Provisions" below. 2. All non-conforming connections will be subject to closure or relocation when reasonable access becomes available in the future. PART 6: APPEAL PROCEDURES You may petition for an administrative hearing pursuant to sections 120.569 and 120.57, Florida Statutes. If you dispute the facts stated in the foregoing Notice of Intended Department Action (hereinafter Notice), you may petition for a formal administrative hearing pursuant to section 120.57 (1), Florida Statutes. If you agree with the facts stated in the Notice, you may petition for an informal administrative hearing pursuant to section 120.57(2), Florida Statutes. You must file the petition with: Clerk of Agency Proceedings Department of Transportation Haydon Burns Building 605 Suwannee Street, M.S. 58 Tallahassee, Florida 32399-0458 1. The petition for an administrative hearing must conform to the requirements of Rule 28-106.201(2) or Rule 28-106.301(2), Florida Administrative Code, and be filed with the Clerk of Agency Proceedings by 5:00 p.m. no later than 21 days after you received the Notice. The petition must include a copy of the Notice, be legible, on 8 1/2 by 11 inch white paper, and contain: 2. 3. 4. 5. 6. If there are disputed issues of material fact a formal hearing will be held, where you may present evidence and argument on all issues involved and conduct cross-examination. If there are no disputed issues of material fact an informal hearing will be held, where you may present evidence or a written statement for consideration by the Department. Mediation, pursuant to section 120.573, Florida Statutes, may be available if agreed to by all parties, and on such terms as may be agreed upon by all parties. The right to an adminstrative hearing is not affected when mediation does not result in a settlement. Your petition for an administrative hearing shall be dismissed if it is not in substantial compliance with the above requirements of Rule 28-106.201(2) or Rule 28-106.301(2), Florida Administrative Code. If you fail to timely file your petition in accordance with the above requirements, you will have waived your right to have the intended action reviewed pursuant to chapter 120, Florida Statutes, and the action set forth in the Notice shall be conclusive and final. Your name, address, telephone number, any Department of Transportation identifying number on the Notice, if known, the name and identification number of each agency affected, if known, and the name, address, and telephone number of your representative, if any, which shall be the address for service purposes during the course of the proceeding. An explanation of how your substantial interests will be affected by the action described in the Notice; A statement of when and how you received the Notice; A statement of all disputed issues of material fact. If there are none, you must so indicate; A concise statement of the ultimate facts alleged, including the specific facts you contend warrant reversal or modification of the agency's proposed action, as well as an explanation of how the alleged facts relate to the specific rules and statutes you contend require reversal or modification of the agency's proposed action; A statement of the relief sought, stating precisely the desired action you wish the agency to take in respect to the agency's proposed action. SYSTEMS PLANNING - 06/06 850-040-18 Page 3 of 3 Rule 14-96, F.A.C. 4 SEE ATTACHMENT 'A' Approved 2024-A-496-00043 Johnny Blakeney 9/3/2024Page 355 Rule 14-96, F.A.C. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RECEIPT OF CONNECTION APPLICATION AND FEE (OR WAIVER OF FEE) 850-040-16 SYSTEMS PLANNING 06/17 (1) APPLICATION NUMBER: APPLICANT: (2) Name/Address: (3) Project Name: VEHICLES PER DAY FEE (4) Fee Category A 1-20 $50.00 Category B 21-600 $250.00 Category C 601-1,200 $1,000.00 Category D 1,201-4,000 $2,000.00 Category E 4,001-10,000 $3,000.00 Category F 10,001-30,000 $4,000.00 Category G 30,001 + $5,000.00 Temporary $250.00 Safety NO FEE Government Entity NO FEE (5) Application Fee Collected $ Payment Type: Money Order Check (check number ) Cash Credit Card (online only) (6) Fee Collected By Name (PRINT) Signature Date District Unit (7) Receipt Given Back to Applicant Via Hand Delivery Mail Courier Service Other Electronically Applicant (or Agent) Signature (if available) This form bears your application number and serves as your receipt. (8) If fee is waived, give justification below or on separate sheet. FOR AGENCY USE ONLY – ATTACH COPY OF CHECK ON THE NEXT PAGE Make Checks payable to: State of Florida Department of Transportation IMPORTANT NOTE: Even though your application has been accepted, it may not be complete. We will contact you if more information is needed. 654 Lakewoode Cir W Daniel Edwards Daniel Edwards 50.0 4 Delray Beach, Florida 33445 4 2024-A-496-00043 One-Stop Permitting 4 One-Stop Permitting 7/2/2024 Approved 2024-A-496-00043 Johnny Blakeney 9/3/2024Page 356 N O T A C E R T I F I E D C O P Y 7/1/24, 2:17 PM Landmark Web Official Records Search https://erec.mypalmbeachclerk.com/Search/DocumentAndInfoByBookPage?Key=Assessor&booktype=O&booknumber=34483&pagenumber=871#1/2 Approved 2024-A-496-00043 Johnny Blakeney 9/3/2024Page 357 N O T A C E R T I F I E D C O P Y 7/1/24, 2:17 PM Landmark Web Official Records Search https://erec.mypalmbeachclerk.com/Search/DocumentAndInfoByBookPage?Key=Assessor&booktype=O&booknumber=34483&pagenumber=871#2/2 Approved 2024-A-496-00043 Johnny Blakeney 9/3/2024Page 358 Rule 14-96, F.A.C. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DRIVEWAY/CONNECTION PERMIT FOR ALL CATEGORIES 850-040-18 SYSTEMS PLANNING 06/06 Page 1 of 3 PART 1: PERMIT INFORMATION Application Number: Permit Category: Access Classification: Project: Permittee: Section/Mile Post: State Road: Section/Mile Post: State Road: PART 2: PERMITTEE INFORMATION Permittee Name: Permittee Mailing Address: City, State, Zip: Telephone: Engineer/Consultant/or Project Manager: Engineer responsible for construction inspection: NAME P.E. # Mailing Address: City, State, Zip: Telephone: Mobile Phone: PART 3: PERMIT APPROVAL The above application has been reviewed and is hereby approved subject to all Provisions as attached. Permit Number: Department of Transportation Signature: Title: Department Representative’s Name: Temporary Permit: YES NO (If temporary, this permit is only valid for 6 months) Special provisions attached: YES NO Date of Issuance: If this is a normal (non-temporary) permit it authorizes construction for one year from the date of issuance. This can only be extended by the Department as specific in 14-96.007(6). See following pages for General and Special Provisions Approved 2024-A-496-00043 Johnny Blakeney 9/3/2024 A Edwards Duplex Daniel Edwards Daniel Edwards 654 Lakewood Cir W Delray Beach, FL 33445 585-509-1200 Caulfield & Wheeler, Inc. c/o Matthew Kahn, P.E. Matthew Kahn, P.E. 82227 7900 Glades Road, Suite 100 Boca Raton, FL 33434 561-392-1991 Page 359 Rule 14-96, F.A.C. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DRIVEWAY/CONNECTION PERMIT FOR ALL CATEGORIES 850-040-18 SYSTEMS PLANNING 06/06 Page 2 of 3 PART 4: GENERAL PROVISIONS 1. Notify the Department of Transportation Maintenance Office at least 48 hours in advance of starting proposed work. Phone: , Attention: 2. A copy of the approved permit must be displayed in a prominent location in the immediate vicinity of the connection of construction. 3. Comply with Rule 14-96.008(1), F.A.C., Disruption of Traffic. 4. Comply with Rule 14-96.008(7), F.A.C., on Utility Notification Requirements. 5. All work performed in the Department’s right of way shall be done in accordance with the most current Department standards, specifications and the permit provisions. 6. The permittee shall not commence use of the connection prior to a final inspection and acceptance by the Department. 7. Comply with Rule 14-96.003(3)(a), F.A.C., Cost of Construction. 8. If a Significant Change of the permittee’s land use, as defined in Section 335.182, Florida Statutes, occurs, the Permittee must contact the Department. 9. Medians may be added and median openings may be changed by the Department as part of a Construction Project or Safety Project. The provision for a median might change the operation of the connection to be for right turns only. 10. All conditions in NOTICE OF INTENT WILL APPLY unless specifically changed by the Department. 11. All approved connection(s) and turning movements are subject to the Department’s continuing authority to modify such connection(s) or turning movements in order to protect safety and traffic operations on the state highway or State Highway System. 12. Transportation Control Features and Devices in the State Right of Way. Transportation control features and devices in the Department’s right of way, including, but not limited to, traffic signals, medians, median openings, or any other transportation control features or devices in the state right of way, are operational and safety characteristics of the State Highway and are not means of access. The Department may install, remove or modify any present or future transportation control feature or device in the state right of way to make changes to promote safety in the right of way or efficient traffic operations on the highway. 13. The Permittee for him/herself, his/her heirs, his/her assigns and successors in interest, binds and is bound and obligated to save and hold the State of Florida, and the Department, its agents and employees harmless from any and all damages, claims, expense, or injuries arising out of any act, neglect, or omission by the applicant, his/her heirs, assigns and successors in interest that may occur by reason of this facility design, construction, maintenance, or continuing existence of the connection facility, except that the applicant shall not be liable under this provision for damages arising from the sole negligence of the Department. 14. The Permittee shall be responsible for determining and notify all other users of the right of way. 15. Starting work on the State Right of Way means that I am accepting all conditions on the Permit. Approved 2024-A-496-00043 Johnny Blakeney 9/3/2024Page 360 Rule 14-96, F.A.C. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DRIVEWAY/CONNECTION PERMIT FOR ALL CATEGORIES 850-040-18 SYSTEMS PLANNING 06/06 Page 3 of 3 PART 5: SPECIAL PROVISIONS NON-CONFORMING CONNECTIONS: YES NO If this is a non-conforming connection permit, as defined in Rule Chapters 14-96 and 14-97, then the following shall be a part of this permit. 1. The non-conforming connection(s) described in this permit is (are) not permitted for traffic volumes exceeding the Permit Category on page 1 of this permit, or as specified in “Other Special Provisions” below. 2. All non-conforming connections will be subject to closure or relocation when reasonable access becomes available in the future. OTHER SPECIAL PROVISIONS: PART 6: APPEAL PROCEDURES You may petition for an administrative hearing pursuant to sections 120.569 and 120.57, Florida Statutes. If you dispute the facts stated in the foregoing Notice of Intended Department Action (hereinafter Notice), you may petition for a formal administrative hearing pursuant to section 120.57(1), Florida Statutes. If you agree with the facts stated in the Notice, you may petition for an informal administrative hearing pursuant to section 120.57(2), Florida Statutes. You must file the petition with: Clerk of Agency Proceedings Department of Transportation Haydon Burns Building 605 Suwannee Street, M.S. 58 Tallahassee, Florida 32399-0458 The petition for an administrative hearing must conform to the requirements of Rule 28-106.201(2) or Rule 28-106.301(2), Florida Administrative Code, and be filed with the Clerk of Agency Proceedings by 5:00 p.m. no later than 21 days after you received the Notice. The petition must include a copy of the Notice, be legible, on 8 1/2 by 11 inch white paper, and contain: 1. Your name, address, telephone number, any Department of Transportation identifying number on the Notice, if known, the name and identification number of each agency affected, if known, and the name, address, and telephone number of your representative, if any, which shall be the address for service purposes during the course of the proceeding. 2. An explanation of how your substantial interests will be affected by the action described in the Notice; 3. A statement of when and how you received the Notice; 4. A statement of all disputed issues of material fact. If there are none, you must so indicate; 5. A concise statement of the ultimate facts alleged, including the specific facts you contend warrant reversal or modification of the agency’s proposed action, as well as an explanation of how the alleged facts relate to the specific rules and statutes you contend require reversal or modification of the agency’s proposed action; 6. A statement of the relief sought, stating precisely the desired action you wish the agency to take in respect to the agency’s proposed action. If there are disputed issues of material fact a formal hearing will be held, where you may present evidence and argument on all issues involved and conduct cross-examination. If there are no disputed issues of material fact an informal hearing will be held, where you may present evidence or a written statement for consideration by the Department. Mediation, pursuant to section 120.573, Florida Statutes, may be available if agreed to by all parties, and on such terms as may be agreed upon by all parties. The right to an administrative hearing is not affected when mediation does not result in a settlement. Your petition for an administrative hearing shall be dismissed if it is not in substantial compliance with the above requirements of Rule 28-106.201(2) or Rule 28-106.301(2), Florida Administrative Code. If you fail to timely file your petition in accordance with the above requirements, you will have waived your right to have the intended action reviewed pursuant to chapter 120, Florida Statutes, and the action set forth in the Notice shall be conclusive and final. Approved 2024-A-496-00043 Johnny Blakeney 9/3/2024Page 361 LOCATION MAP SITE 4306 S. OCEAN BLVDHIGHLAND BEACH, FL 33487 Approved 2024-A-496-00043 Johnny Blakeney 9/3/2024Page 362 Approved 2024-A-496-00043 Johnny Blakeney 9/3/2024Page 363 Approved 2024-A-496-00043 Johnny Blakeney 9/3/2024Page 364 Approved 2024-A-496-00043 Johnny Blakeney 9/3/2024Page 365 Approved 2024-A-496-00043 Johnny Blakeney 9/3/2024Page 366 Approved 2024-A-496-00043 Johnny Blakeney 9/3/2024 Page 367 S O U T H O C E A N B O U L E V A R D EX . T W O S T O R Y MU L T Y - F A M I L Y TO W N H O U S E S ( T B R ) #4 3 0 6 UN I T S ( A - B - C ) B E L L I D O D R I V E C A N A L LO T 1 8 - B L K 1 BE L L I D O P. B . 2 5 - P G . 9 7 (S T A T E R O A D A - 1 - A ) EX . P O O L ( T B R ) DE M O L I T I O N P L A N PR O P O S E D HI G H L A N D B E A C H , F L O R I D A 3 3 4 8 7 ED W A R D S D U P L E X 43 0 6 S . O C E A N B L V D SITE 4306 S. OCEAN BLVD HIGHLAND BEACH, FL 33487 Approved 2024-A-496-00043 Johnny Blakeney 9/3/2024 Digitally signed by Matthew V. Kahn Date: 2024.07.02 13:46:50 -04'00' Adobe Acrobat version: 2024.002.20895 Page 368 FIREPLACE SUMMER KITC H E N FIREPLACE SUMMER KITC H E N 18'-0" X 6'-4" COVERED OUTDOOR LI V I N G 21'-0" X 20'-0" 2 CAR GARA G E 5'-4" X 5'-4" CABANA 8'-8" X 12'-10" CART GARAG E 18'-0" X 6'-4" COVERED OUTDOOR LIV I N G 21'-0" X 20'-0" 2 CAR GARA G E 5'-4" X 5'-4" CABANA 8'-8" X 12'-10" CART GARAG E UNIT APROPOSED 3 - S T O R Y C . B . S . MULTI FAMIL Y R E S I D E N C E FFE = 8.00' NAVD UNIT BPROPOSED 3 - S T O R Y C . B . S . MULTI FAMIL Y R E S I D E N C E FFE = 8.00' NAVD POOL SPA POOL SPA S O U T H O C E A N B O U L E V A R D B E L L I D O D R I V E C A N A L LO T 1 8 - B L K 1 BE L L I D O P. B . 2 5 - P G . 9 7 (S T A T E R O A D A - 1 - A ) 8.00 7.66 7.66 8.00 7.66 8.00 6.33 6.16 6.33 6.16 7.66 8.00 7.66 8.00 4.92 4.92 5.77 5.77 5.41 5.62 5.57 6.337.57 7.57 6.33 7.57 7.57 6.31 6.15 5.57 5.62 7.66 7.66 7.62 7.62 7.62 6.25 6.20 6.25 6.00 7.57 6.90 6.80 6.55 6.35 6.15 7.57 7.62 7.62 6.85 7.00 6.70 6.25 6.00 6.10 5.92 5.40 5.57 5.50 5.455.92 5.30 M.E.E M.E.E M.E.E 6.90 4.92 4.92 5.87 5.90 5.90 7.16 8.10 8.16 7.66 7.66 8.10 7.66 8.16 6.20 8.10 6.10 6.40 5.87 6.40 6.10 7.10 7.16 7.05 6.95 7.66 6.17 7.66 6.17 6.00 6.00 5.20 5.20 5.20 M.E.E 5.50 FDOT HAS ACTIVE WIDENING PROJECT IN THE VICININTY OF THIS PROJECT. CONTRACTOR TO TIE DESIGN GRADES AT PROPERTY LINE TO EOP GRADES POST FDOT CONSTRUCTION BY MATCHING EXISTING ELEVATIONS AT THAT TIME. 6.31 & G R A D I N G P L A N PR O P O S E D P A V I N G 43 0 6 S . O C E A N B L V D HI G H L A N D B E A C H , F L O R I D A 3 3 4 8 7 ED W A R D S D U P L E X SITE 4306 S. OCEAN BLVD HIGHLAND BEACH, FL 33487 Approved 2024-A-496-00043 Johnny Blakeney 9/3/2024 Digitally signed by Matthew V. Kahn Date: 2024.07.02 13:45:55 -04'00' Adobe Acrobat version: 2024.002.20895 Page 369 Approved 2024-A-496-00043 Johnny Blakeney 9/3/2024Page 370 Approved 2024-A-496-00043 Johnny Blakeney 9/3/2024Page 371 Approved 2024-A-496-00043 Johnny Blakeney 9/3/2024Page 372 Approved 2024-A-496-00043 Johnny Blakeney 9/3/2024Page 373 Approved 2024-A-496-00043 Johnny Blakeney 9/3/2024Page 374 File Attachments for Item: C. Resolution No. 2024-035 A Resolution of the Town Commission of the Town of Highland Beach, Florida, supporting the procurement and oversight of consultants for the development of a Countywide Transportation Plan; supporting the formation of a Technical Advisory Committee for the same; and providing an effective date. Page 375 TOWN OF HIGHLAND BEACH AGENDA MEMORANDUM MEETING TYPE: Town Commission MEETING DATE December 17, 2024 SUBMITTED BY: Town Manager’s Office SUBJECT: Resolution No. 2024-035 A Resolution of the Town Commission of the Town of Highland Beach, Florida, supporting the procurement and oversight of consultants for the development of a Countywide Transportation Plan; supporting the formation of a Technical Advisory Committee for the same; and providing an effective date. SUMMARY: Consideration of Resolution No. 2024-035, supporting the procurement and oversight of consultants for the development of a Countywide Transportation plan; supporting the formation of a Technical Advisory Committee for the same; and providing an effective date. The Palm Beach County City Manager’s Association (PBCCMA) has drafted a Scope of Services for a Countywide Transportation Planning effort. This countywide project proposes that the Intergovernmental Coordination Program (ICP), which all cities, the county, and several special districts are party to, provides the framework for a planning process.  The ICP’s Multijurisdictional Issues Coordination Forum Executive Committee (MICFEC) is proposed to serve as the Oversight Board for the Consulting Firm hired to craft the Countywide Transportation Plan.  The formation of an expanded version of the Intergovernmental Plan Amendment Review Committee (IPARC) is proposed by adding municipal and County Engineers, Public Works, IT, and others as deemed appropriate by MICFEC to serve as the Technical Advisory Committee (TAC). If approved, Resolution No. 2024 -035 will be provided to the Palm Beach County Board of County Commissioners, to the other 38 cities, and the School Board. FISCAL IMPACT: There is no direct fiscal impact as a result of this item. Page 376 ATTACHMENTS: Resolution No. 2024-035 RECOMMENDATION: Commission discretion. Page 377 TOWN OF HIGHLAND BEACH RESOLUTION NO. 2024-035 A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, SUPPORTING THE PROCUREMENT AND OVERSIGHT OF CONSULTANTS FOR THE DEVELOPMENT OF A COUNTYWIDE TRANSPORTATION PLAN; SUPPORTING THE FORMATION OF A TECHNICAL ADVISORY COMMITTEE FOR THE SAME; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the movement of people, goods, and services in, around and throughout Palm Beach County relies on an interconnected transportation network and related transportation services, and WHEREAS, the transportation network and transportation services are the responsibility of multiple jurisdictions and governmental agencies such as FDOT, Palm Beach County, municipalities, and various taxing districts and authorities, and WHEREAS, citizens are focused on going to and from their destinations and are mostly unaware of jurisdictional boundaries, ownership responsibilities, and funding sources for these transportation networks and services, and WHEREAS, the quality, manner, and time required for people, goods, and services to move in the county has tremendous impacts on every aspect of life in Palm Beach County, and WHEREAS, population growth in recent years has consistently outpaced the existing transportation network’s capabilities creating traffic jams, longer travel times, safety issues, extra expenses, and frustration, and; WHEREAS, population growth is expected to continue to increase for the foreseeable future due to the desirability and quality of life in south Florida and Palm Beach County, and WHEREAS, a Countywide Transportation Plan is the only way to effectively address the issues involved with the transportation network and services that exist now and, in the future, and WHEREAS, the Board of County Commissioners, the Town of Highland Beach, and other municipalities, and the taxing districts recognize that working together in a constructive and proactive manner is the only way forward for the benefit of all our citizens, and WHEREAS, expertise in developing a collaborative and comprehensive Countywide Transportation Plan requires the engagement of a Consulting Firm of National/International repute, experience and capabilities, and WHEREAS, the only entity of which the cities and County are officially connected for purposes of working together to address issues of a countywide nature is Intergovernmental Coordination Program (ICP), and Page 378 Resolution No. 2024-035 2 WHEREAS, the ICP is identified in the County and cities’ Comprehensive Plan Intergovernmental Coordination Elements (ICE) and whose membership is memorialized via Interlocal Agreements, and WHEREAS, the ICP membership also includes the taxing authorities and districts who build and maintain transportation infrastructure, and WHEREAS, the ICP can provide unified, trusted, and collaborative outcomes instead of ones that are ones weighted towards one side or the other, and WHEREAS, the ICP will need the full support of the members both at the Policy level (elected officials) and staff levels in order to make this process work, and; WHEREAS, the Town Commission finds that joining with fellow municipalities, Palm Beach County, and other local governments in a collaborative process for purposes of developing and creating a true Countywide Transportation Plan is in the best interests of the Town and serves a valid public purpose. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AS FOLLOWS: Section 1. The recitals set forth above are incorporated into this Resolution as true findings of fact by the Town Commission. Section 2. The Town Commission supports the following as necessary for the achievement of a Countywide Transportation Plan: 1) The crafting of Scope of Services by the Palm Beach County City Manager’s Association (PBCCMA) through an internal process of which the final version will be distributed to the County and the municipalities. 2) The ICP’s Multijurisdictional Issues Coordination Forum Executive Committee (MICFEC) shall serve as the Oversight Board for the Consulting Firm hired to craft the Countywide Transportation Plan providing policy level activities specifically related to the contractual relationship, holding of public meetings with the Consulting Firm, providing direction to IPARC 2.0, facilitating engagement and participation of the ICP membership, and making recommendations to the governing bodies of the County, municipalities and others. 3) The formation of an expanded version of the Intergovernmental Plan Amendment Review Committee (IPARC) by adding municipal and County Engineers, Public Works, IT, TPA, FDOT, Tri Rail, Palm Trans, and others as deemed appropriate by MICFEC to serve as the Technical Advisory Committee (TAC). The Technical Advisory Committee, IPARC 2.0, will provide information as required by the Consulting Firm as the subject matter experts and providing input and advice to the Consulting Firm and MICFEC. 4) The coordination and processing of the contract with the selected Consulting Firm by use of the County government as the responsible agency for contract administration including but not Page 379 Resolution No. 2024-035 3 limited to assuring compliance with the terms and conditions of the contract and invoice processing and payments. Section 3. This Resolution shall be effective immediately upon adoption. DONE AND ADOPTED by the Town Commission of the Town of Highland Beach, Florida, this ___ day of December 2024. Natasha Moore, Mayor ATTEST: REVIEWED FOR LEGAL SUFFICIENCY: Lanelda Gaskins, MMC Town Clerk Leonard G. Rubin, Town Attorney VOTES: YES NO Mayor Natasha Moore ____ ____ Vice Mayor David Stern ____ ____ Commissioner Evalyn David ____ ____ Commissioner Donald Peters ____ ____ Commissioner Judith Goldberg ____ ____ Page 380