HomeMy Public PortalAboutAgenda with back-upJanuary 5, 2018
MAYOR: Scott W. Morgan
VICE MAYOR: Thomas M. Stanley
COMMISSIONER: Paul A. Lyons, Jr.
Joan K. Orthwein
Donna S. White
REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF
THE TOWN OF GULF STREAM ON FRIDAY, JANUARY 12, 2018 AT 9:00 A.M.
IN THE WILLIAM F. KOCH, JR. COMMISSION CHAMBERS OF THE TOWN HALL, 100
SEA ROAD, GULF STREAM, FLORIDA.
AGENDA
I.
Call to Order.
II.
Pledge of Allegiance.
III.
Roll Call.
IV.
Minutes.
A. Regular Meeting of
December 8, 2017.
V.
Additions, withdrawals,
deferrals, arrangement of agenda items.
VI.
Announcements.
A. Regular Meetings and Public Hearings
1. February 9, 2018
at 9:00 A.M.
2. March 9, 2018 at
9:00 A.M.
3. April 13, 2018 at
9:00 A.M.
4. May 11, 2018 at
9:00 A.M.
5. June 8, 2018 at
9:00 A.M.
6. July 13, 2018 at
9:00 A.M.
VII. Communication from the Public (3 min. maximum)
VIII. Reports.
A. Utility Undergrounding-Florida Power & Light Representative
B. Attorney
1. Public Records Settlement Offer
2. Authorizing Attny. Representation for former Vice Mayor
3. Proposed regulation of makeshift hurricane protection
C. Town Manager
1. ARPB Assignment Re: Chap. 70 -Discouraged Items
2. Update -Town Hall addition
3. Capital Improvement Plan Update
D. Architectural Review & Planning Board
1. Meeting Dates
a. January 25, 2018 at 8:30 A.M.
b. February 22, 2018 at 8:30 A.M.
c. March 22, 2018 at 8:30 A.M.
d. April 26, 2018 at 8:30 A.M.
e. May 24, 2018 at 8:30 A.M.
f. June 28,2018 at 8:30 A.M.
E. Finance Director
1. Financial Report for December 2017
F. Police Chief
1. Activity for December 2017
IX. Items for Commission Action.
A. RESOLUTION NO. 18-01; A Resolution of the Town of Gulf
Stream, Florida, opposing legislative efforts to impede the
constitutional right Florida's citizens have enjoyed for
nearly 50 years to govern themselves under municipal home rule
powers; opposing the legislature's persistent intrusion into
local finances, which are necessary to provide financial
stability and essential services uniquely required by
municipal residents and local businesses; directing town
administration to transmit a certified copy of this resolution
AGENDA CONTINUED
to the Florida League of Cities, the Palm Beach County
Legislative Delegation and any other interested parties;
providing for conflicts; providing for severability; and
providing an effective date.
B. Items by Mayor & Commissioners
X. Adjournment.
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN
COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, SAID
PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY
NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO
BE BASED. E.S.S. 286.0105
MINUTES OF THE REGUAR MEETING AND PUBLIC HEARING HELD BY THE TOWN
COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY DECEMBER 8, 2017 AT 9:00
A.M. IN THE WILLIAM F. KOCH, JR. COMMISSION CHAMBERS OF THE TOWN HALL,
100 SEA ROAD, GULF STREAM, FLORIDA.
I
II
III
IV
Call to Order.
Mayor Morgan called the meeting to order at 9:00 A.M.
Pledge of Allegiance.
The Mayor led the Pledge of Allegian
Roll Call.
Present and
Participating:
Also Present &
Participating:
Absent W/Notice:
9, 2017 and
AYE.
V
VI
Edward Nazz o
Edward Allen
a Taylor
S. White
Towna
Staff A e
Police of
Town C1 rk
Commissioner
Town Attorney
the Minutes of November
motion with all voting
, arrangement of agenda items.
ngs ublic Hearings
2 at 9:00 A.M.
20 8 at 9:00 A.M.
18 at 9:00 A.M.
018 at 9:00 A.M.
18 at 9:00 A.M.
called attention to these dates.
VII. Communication from the Public (3 min. maximum)
Julio Martinez complemented the Commissioners, staff members and
the President of the Civic Association on their work that keeps the Town
of Gulf Stream the place that everyone enjoys.
VIII. Reports.
A. Utility Undergrounding-Danny Brannon (Engineer)
Town Manager Dunham, in the absence of Mr. Brannon, reported
that FP&L is still in the process of preparing the as -built plans for
l
Town Commission Regular
Meeting & Public Hearing
Held Dec. 8, 2017 at 9:00 A.M.
the system and said that they will not be issuing the switching orders
until those are completed.
B. Town Manager
1. Engineering for Storm Drainage Outfall -Polo Dr.
Mr. Dunham called attention to a proposal from Mathews
Engineering to provide engineering services for the construction of a
storm drainage outfall in an existing easement at 3140 Polo Drive. He
believed this to be a perfect time for this ins allation in that there
is currently a new home under construction atlocation and there is
no landscaping that would be disturbed. He d t Aft funds have been
budgeted for this project.
Commissioner Lyons moved to appro,
for engineering services to desig]
positive drainage outfall structui
amount of $13,700 which includes
seconded the motion and all vote
2. Hurricane Shutters
Mr. Dunham asked S
matter. Mr. Nazzaro said h has r<
been addressed in a numb if:
draft an ordinance that 1 b c
down, taking into considerat n t
constructed of. The Commissio rs
there should be a of two <
3. cast arar]as
Dunham said thT
mostly used for
be in
still
will commence
sub -base and th
will return and
5.
scheduled
installed.
C.
Mr.
to go in
it w
pave
Mathews Consulting
tch basin and a
if Stream in the
Mayor Stanley
r Nazzaro tRWdress this
Is matter an found it has
He said he is prepared to
when they must be taken
Ver' the shutters are
ood were to be used,
V*
must be removed.
0 ommissioner White, Mr.
iffl9tallation of fiber optic
than converting existing
e is also a cost factor to
is
number of customers that would
closed by advising that he is
9anE' said he has been advised that the repair
18, 2017. He said they would first remove the
have to settle for 30 days, after which thev
e area.
Expansion
i said that the piling
today, after which the
for the addition is
foundation will be
Architectural Review & Planning Board
1. Meeting Dates
a. December 28, 2017 at 8:30 A.M.
b. January 25, 2018 at 8:30 A.M.
c. February 22, 2018 at 8:30 A.M.
d. March 22, 2018 at 8:30 A.M.
e. April 26, 2018 at 8:30 A.M.
2
Town Commission Regular
Meeting & Public Hearing
Held Dec. 8, 2017 at 9:00 A.M.
Mayor Morgan noted the next ARPB Meeting will be held
on December 28, 2017 at 8:30 A.M.
D. Finance Director
1. Financial Report for November 2017
Mayor Morgan asked if there are any
the Financial Report or the Water Usage Report and
2. Water Usage as of November 30, 2017
The Mayor declared both the F<dinl
Usage Report to be accepted as presented.
E. Police Chief
1. Activity for November 2017
There were no questions re Mayor Morgan declared it to be acceptecj�Is
IX. Items for Commission Action.
A. Bid Award for Informa
The Town Manager expl
personnel who service equipment Ause
special certifications as dictated b
current supplier does not these
that the Town advertise ve s for
said that 8 vendors req t opy
PC Professor submitted Mid f
submitted a bid for $1,100 pe ont
Mr. Nazzaro, Mrs.nd Lt. el
awarded to IT-SwWs MIkkare to
Vice Mayor
one year o
their p
voting
the
doesn't want th
that it may be hel
Code and would lik
the same concerns.
k uommissmwners
FDLE
questions regarding
there were none.
Report and the Water
police report and
Servic -RFP #17-200
i IT-Smarts.com, Inc.
Cenf 3 staff members,
ded the bid be
now req es
hat IT
iepartment
t have
smuch as
Town's
_ons, it s
necessary
person who
qualifies. He
and 2 of them responded.
a M to IT-Smarts.Com, Inc
es pursuant to the terms
seconded the motion with
. for
of
all
the need for "discouraged elements" -Mayor
that he has always been concerned with
atis certain items under the title of
i those would be something that the town
d they not be listed as "prohibited". He felt
have the ARPB review these sections of the
w if the other commissioners may have some of
It was noted by the other commissioners that circumstances may have
changed over the years and it would be prudent to have a review of the
"discouraged" sections within each Design District.
The staff was directed to place this item on the next ARPB Agenda along
with the necessary information.
X. Adjournment.
Mayor Morgan adjourned the meeting at 9:50 A.M.
3
Town Commission Regular
Meeting s Public Hearing
Held Dec. 8, 2017 at 9:00 A.M.
Rita
Town
-I-
SETTLENIENT AGREEMENT
11.15.17 Gam
Final Executed
For and in consideration of good and valuable consideration: the adequacy and receipt
of which are acknowledged, MARTIN O'BOYLE and the TOWN OF GULF STREAM
and each Releasor (as defined below), agree to the content of this Settlement
Agreement.
Z Each individual or entity in each of the Cases (listed on Exhibit "A" hereto)
is shown in the column on Exhibit A titled "Releasing Plaintiff' (each such individual
or entity in the column on Exhibit A titled Releasing Plaintiff shall be referred to in this
Settlement Agreement as a "Releasor"). The term "Cases" shall mean individually and
collectively those Cases listed on Exhibit "A" hereto. MARTIN O'BOYLE,
individually and on behalf of each Releasor, and the O'Boyle Parties (as defined
below). fully and forever hereby irrevocably discharge and release The TOWN OF
GULF STREAM, its present and past Commissioners, employees, Manager, attorneys,
agents, consultants, vendors, contractors. consultants, insurers and successors and
assigns (individually and collectively the "Gull'Stream Parties") from the Cases but
limited to the claims actually asserted by the applicable Releasor in the Cases (listed
on Exhibit "A" hereto). As used in this paragraph. the O'Boyle Parties (as defined
below) does not include Citizen's Awareness Foundation, Inc.
7. The TOWN OF GULF STREAM on behalf of itself: and its present and past
Commissioners, employees, Manager. attorneys, agents, consultants, vendors.
contractors, consultants, insurers and successors and assigns (individually and
collectively the "GUlf Stream Parties") fully and forever hereby irrevocably discharges
and releases the O'Boyle Parties (as defined below) from each and every action, cause
of action, lawsuit, appeal. Aust judgment proceeding, claim for attorney's fees, claim
for costs, claim for Sanctions (as hereafter defined) (whether requested or imposed).
public records request, claim for any award, loss, damage, judgment, remedy, or relief
whatsoever in law and in equity, including each and every claim arising under local
law, stale law, federal law, the Florida Constitution, and/or the United Stales
Constitution (collectively "CLAIMS") which the Gulf Stream Parties ever had, now
has, can or may have against any of the for. upon, or by reason of any matter, cause, or
thing whatsoever, from the beginning of the world to the day of the execution of this
Settlement Agreement The term "O'Boyle Parties" when used in this Settlement
Agreement (unless otherwise stated) means, individually and collectively: (a) Martin
E. O'Boyle (sometimes referred to as "O'BOYLE" or "O'Boyle"); (b) Airline
Highway, LLC; Asset Enhancement, Inc.; CG Acquisition Company. Inc.; Commerce
GP, Inc.; Commerce Group. Inc.; Commerce Realty Group, Inc.; CRO Aviation, Inc.;
Our Public Records. LLC; Stopdirtygovernment_ LLC; Public Awareness Institute,
Inc.; and Citizens for Open Government, LLC: (c) and Citizens Awareness Foundation,
t:rrrvraru�ursern.r-.xa ENr•c a u�sTet:,�a�•onov t.e
Inc.; (d) SLO 16 Hidden Harbour, LLC; (e) the "O`Boyle Requestors" (as defined
below); and (t) all present and past directors, shareholders, members; officers.
employees, consultants, vendors, agents, attorneys, partners, insurers, successors,
heirs and assigns of all of the above individuals and all parties listed in subparagraphs
(a) (hough (e) above, including, without limitation, all present and past directors,
shareholders, members. officers, employees, consultants. vendors, agents, attorneys,
partners. insurers, successors, heirs and assi-ns ofall of the above individuals and all
parties listed in subparagraphs (a) though (f) above. Notwithstanding anything to the
contrary in this Settlement Agreement, the Cerin "O'Boyle Parties" shall not include
Denise DeMartini, Daniel DeSouza, and DeSouza Law, PA.
4. The Gull'Streant Parties fully and forever hereby irrevocably discharges and releases:
(a) Jonathan O'Boyle. Esq.; (b) Giovani Mesa.L"sq.: (c) Nicklaus Taylor, Esq.; (d)
Ryan Witmer. Esq.; (e) William F. Rin-, Esq.: (f) The O'Boyle Laws Firm, P.C. (the
"OLF") and (g) all present and pastydireclors, shareholders, members, officers,
employees, consultants, vendors, agents, attorneys, partners. insurers, successors, and
assigns of the OLF (individually and collectively "(YBoyle Attorneys") From all
CLAIMS which the Gulf Stream Parties ever had, now has, can or may have against
the O'Boyle Attorneys, including. without limitation, any claims and other matters
arising from their representation of O`BOYLE. for. upon. or by reason of any matter.
cause, or thing whatsoever, Brom the beginning of the world to the day of the execution
of this Settlement Agreement, and the Gulf Stream Parties also hereby knowingly
waives all such CLAIMS; except that, in file event that any of the O'Boyle Attorneys
seek in the capacity as a litigant, any form ofjudicial or other relief against any of the
Gulf Stream Parties (each individually and collectively referred to as a "New Attorney
Lawsuit''), then this paragraph will not prevent, limit, reduce, or otherwise hinder any
of the Gulf stream Parties in its rights to defend itself or in its ability to defend itself
and to assert all defenses in any such action brought by any of the O'Boyle Attorney's.
5. The TOWN OF GULF STREAM and O'BOYLE will file promptly stipulations for the
dismissal with prejudice of the Cases (the `Dismissals") in the appropriate court to
secure a final order of dismissal of each case with each party to the Cases to bear its
own attorney's fees and costs, even if a party is otherwise entitled to seek attorney's
fees and costs ("Costs") from another under a fee or cost shifting provision. All
sanctions claims made, ordered, or granted, including, without limitation, those made,
ordered, or granted pursuant to section 57.105. Florida Statutes, the inherent authority
of any court, or any other law (whether statutory or common law) ("Sanctions") shall
be withdrawn and dismissed with prejudice; and to the extent that there is any Order or
Judgment of any Court after the date of this Settlement Agreement issued, the TOWN
OF GULF STREAM hereby waives payment of all Costs and Sanctions ("Sanction
Payments"). The Dismissals are attached hereto as Exhibit "B".
6. This Settlement Agreement amounts to an immediate written withdrawal of each and
i:m,�trait_rAorsFrn_iswn:N'r•cu t.r-sraf Ant -o• uoyt_r•.
7.
-3 -
every public records request I'll rulfiIled as of the dale of the execution of this Settlement
Agreement to the TOWN OF GULF STREAM by O'BOYLE. a relative, employee,
associate, agent, an entity which is controlled by O'Boyle Or attorney of O'Boyle, but
only to the extent that any such party was acting on behalf of O'Boyle (collectively
"O'Boyle Regaestors'). The withdrawal of the public records requests referred to in
the preceding sentence shall not apply to the public records requests referred to in the
Cases.
and O`Boylc initiated and filed after the date of this Settlement A anent pursuant to
F.S. Chapter 119 ("Subsequent Claims"), the TOWN OF GU STREAM and the
O'Boyle Parties (and any party or parties acting by. through, ' their stead or on behalf
of the TOWN OF GULF STREAM or any of the O'Bo Parties) hereby waive all
right_a to apply for, receive and collect attorney's fees d costs from the other party in
any such Subsequent Claims, even if a state or fie ral statute or rule provides such a
remedy. To the extent that there is any Order Judgment of any Court after the dale
of this Settlement Agreement issued pur' ant to the preceding sentence, hath the
TOWN OF GULF STREAM and the Boyle Polies hereby waive payment of all
attorney's fees and costs. The provis' ns of this paragraph are intended to eliminate the
incentive to initiate litigation ba. upon the existence of fee -shitting and cost -shitting
provisions for public record itigations filed by any of the O'Boyle Parties. The
provisions of this Paragr l shall not apply to any O'Boyle Party unless such party is
acting on behalf of o - , t the request of O'Boyle. As an example and for clarity, the
provisions of this aragraph 7 shall not apply to both of the following matters: (a)
4D 16-3356, 4D16-3634, 502016CA005437XXXXMBAG and
502014CA 4474XXXXMB (collectively the "4474 Matters") a' any matter
(includ' , without limitation, any appeals orally matter) directly related to any of the
447 afters; or (b) to Case No. 2014 -CA -003721. The provisions of this paragraph
8. In the event that any O'Boyle Requestors submit a public records request to the
TOWN OF GULF STREAM (pursuant to F.S. Chapter 119 ("119"), at any time after
the day of the execution of this Settlement Agreement, Martin E. -O'Boyle hereby
agrees to pay, at the lime that the public records request is made, a facilitation fee of
$250 to the Town Clerk of the TOWN OF GULF STREAM ("Facilitation Fee").
Failure to pay the Facilitation Fee will conclusively rendersuch public records
request withdrawn. In the event that there are no costs associated with responding to
the applicable public records request or in the event that the costs associated with
responding to the applicable public records request are less than the corresponding
Facilitation Fee, the Facilitation Fee (after reduction of the costs associated with
responding to the request) will be refunded to Matin E. O`Boyle within ten (10) days
of the Town's determination of the costs (or absence thereof) associated with
responding to the public records request. Otherwise, the conduct of the O'Boyle
t;n'!NPR/UA DIS ETl"t.EM ENl*-C,I] LFSTRLAM-O'BO YLF
-4-
Requestors and the TOWN OF GULF STREAM will be governed by Chapter 119 of
the Florida Statutes ("Chapter 1 19").
9. The TOWN OF GULF STREAM and O'BOYLE have read this Settlement Agreement
with the assistance of counsel and understand its terms, obligations. operation, and
effect. The TOWN OF GULF STREAM and O'BOYLE acknowledge that theirentry
into this Settlement Agreement shall not be deemed or considered to be any admission
or acceptance of blame, liability. or responsibility. The TOWN OF GULF STREAM
and O'BOYLE have entered into this Settlement Agreement voluntarily and without
having been threatened, coerced, or intimidated. No provision of this Settlement
Agreement shall be construed presumptively against any party hereto.
10. The TOWN OF GULL= STREAM and O'BOYLE warrant to each other (a) that nosale,
assignment, transfer, or other disposition of any of the CLAIMS which are being
released and waived hereunder has occurred, (b) that each has the full right, power,
legal capacity, and authority to enter into this Settlement Agreement and to
consummate the transactions described herein, and (c) that this Settlement Agreement
has been defy and validly executed and delivered and constitutes a legal, valid and
binding obligation in accordance with its terms.
I I. In the event ora default of any obligation under this Settlement Agreement, the pally
declaring any such default shall provide the party allegedly in default with a notice
explaining the default by Certified mail (Return Receipt Requested) or by a recognized
overnight delivery carrier (the "Notice"). The failure to cure a default by the 10th day
after such Notice was received by the party to whom it was sent shal l constitute a breach
of this Settlement Agreement by the defaulting party or parties. Such breach, however,
shall not be construed as a breach between all parties, and any such breach shall be
enforceable only against the defaulting party by the party providing the Notice. Notice
to the TOWN OF GULF STREAM shall be made to the Town Clerk at the official
address for of the Town oFGulf Stream, 100 Sea Road. GUIrStream, FL 33483. Notice
to O'BOYLE shall be made to Martin O'Boyle (with a copy to William F. Ring, Esq.
at 1280 W. Newport Center Drive, Deerfield Beach, FL, 13442.
12. This Settlement Agreement is deemed to have been made, executed, and delivered in
the State of Florida and shall be construed in accordance with the laws of the State of
Florida. Accordingly, the TOWN OF GULF STREAM and O'BOYLE consent to the
exclusive jurisdiction of the Circuit Court I'or the I -)Ili Judicial Circuit for the State of
Florida for enforcement of this Settlement Agreement.
13. This Settlement Agreement may be executed in counterparts, each of which shall be an
original and all of which taken toeether shall constitute a single agreement, with the
same effect as if the signatures theretu and hereto were upon the same instrument. Any
facsimiles• photographs or photocopies of this Settlement Agreement shall be
considered, for all purposes. as if it were an executed original
UP/NPR/UAD/SETTLENI ENT -GU LPSIREANI-O'BOYLE
-5 -
la. The content of this Settlement Agreement contains the entire agreenlertl of the TOWN
OF GULF STRL-:.AM and O'BOYLE with respect to all matters covered and the
transactions as contained herein.
15. No modification or waiver of any provision of this Settlement Agreement shall be
effective unless the same shall be in writing and signed by the TOWN OF GULF
STREAM and O'Boyle.
IG. If any term, covenant, or condition of the Settlement Agreement or the application
thereof shall. to any extent, be invalid or unenforceable, the remaining terms,
conditions, and covenants shall remain valid and enforceable. Each term, covenant, or
condition shall be enforced to the fullest extent permitted by law.
IN WITNESS WHEREOF, the undersigned have executed this Settlement Agreement as
of November Ii, 2017.
Witt ;ss.
Wittjs:
Martin E. `Boyle individually and on
behalf of each Rcleasor and the O'Boyle
Parties
Witness:
Witness:
Town of GUIFSt'eam on behalf of the
Gull'Stream Parties
I:II'/NPR/L/AD/SETrLE.I,I ENT-GULPS'I'R EAiM-D' aOYI.E
Exhibit "A" - Case List
a
C
1
Case Number
502014CA001572XXXXMB
502014CA002728XXXXMB
Releasin! Plaintiff
Martin E. O'Bovle
Martin E. O'Bovic
2
3
502014CA005628XXXXAG
Martin E. O'Boyle
4
502014CA007123XXXXMB
CG Acquisition Company. Inc.
5
6
502014CA008076XXXXMB
Martin E. O'Bovlc
502014CA010216XXXXMB
Asset Enhancement. Inc.
7
Martin E. O'Boyle. Airline Highway LLC. Commerce Group, Inc.. Commerce
502014CA011940XXXXMB
Realty Group. Inc.. CRO Aviation. Inc. Our Public Records. LLC. and CG
Acquistion Company. Inc.
8
502016CA004546XXXXMB
Martin E. O'Bgde
9
CASE NO. 14-14780
Martin E. O'Boyle
Io
11
12
13
14
15
16
17
I8
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Memo
To: Mayor Morgan and Town Commissioners
From: Trey Nazzaro, Staff Attorney
Date: January 5, 2018
Re: Authorizing Attorney Representation for Former Vice Mayor Robert Ganger
Former Vice Mayor Robert Ganger has been noticed for a deposition in one of the Town's Public
Records cases. The case, styled StopDirtyGovernment, LLC. v. Town of Gulf Stream,
2014CA003721 arises from a public records request made to the Town on February 7, 2014, which
sought the following records:
Please provide a copy of all communications and Public Records (as
defined in Chapter 119) sent by or received by Commissioner
Robert W. Ganger of the Town of Gulf Stream for the period
beginning November 1, 2012 through the date of this Request. The
above Request shall also include Text Messages and E -Mails from
private accounts.
In order to authorize providing attorney representation for Mr. Ganger, the Commission must make
a finding that the litigation 1) arose out of or in connection with the performance of Mr. Ganger's
official duties and 2) serves a public purpose. i
As to the first requirement, I note that the public records request sought records from Mr. Ganger's
private accounts and that he was serving as the Vice Mayor at the time the public records request
was made on February 7, 2014, when the Town responded on February 19, 2014, and when the
suit was filed on March 31, 2014.
As to the second requirement, I note that the factual basis for this lawsuit is a public records request
for records of a public official.
If the Commission determines that both these prongs are met, a motion can be made to authorize
Attorney Representation for Former Vice Mayor Robert Ganger in the case styled
.S'toyDirtyGoyernment, LLC. v. Town of Gulf Stream, Case Number 2014CA003721.
1 Thomber v. City of Ft. Walton Beach, 568 So. 2d 914, 917 (Fla. 1990)
ORDINANCE NO.
AN ORDINANCE OF THE TOWN COMMISSION
OF THE TOWN OF GULF STREAM, PALM
BEACH COUNTY, FLORIDA, AMENDING THE
TOWN CODE OF ORDINANCES AT CHAPTER
22, NUISANCES, ARTICLE II, UNSIGHTLY,
UNSAFE OR UNSANITARY CONDITIONS,
SECTION 22-31, PROHIBITED; PROVIDING
FOR SEVERABILITY; PROVIDING FOR
REPEAL OF ORDINANCES IN CONFLICT;
PROVIDING FOR CODIFICATION; PROVIDING
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF GULF
STREAM, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS
Section 1. The Code of Ordinances of the Town of Gulf Stream is hereby amended at
Chapter 22, Nuisances, Article II, Unsightly, Unsafe or Unsanitary Conditions; Section 22-31,
Prohibited to read as follows:
Sec. 22-31 —Prohibited
It shall be unlawful and shall constitute a nuisance for any
owner of land within the Town to have or permit thereon any:
(21) Makeshift hurricane protection devices such as
Plywood or similar material which remains in place except for 14
days prior to storm landfall and 14 days following storm passage.
Section 2. Severability.
If any provision of this Ordinance or the application thereof is held invalid, such invalidity
shall not affect the other provisions or applications of this Ordinance which can be given effect
without the invalid provisions or applications, and to this end the provisions of this Ordinance are
hereby declared severable.
Section 3. Repeal of Ordinances in Conflict.
All other ordinances of the Town of Gulf Stream, Florida, or parts thereof which conflict
with this or any part of this Ordinance are hereby repealed.
Section 4. Codification.
This Ordinance shall be codified and made a part of the official Code of Ordinances of
the Town of Gulf Stream.
Section 5. Effective Date.
This Ordinance shall take effect immediately upon its passage and approval, as provided
by law.
PASSED AND ADOPTED in a regular, adjourned session on the first reading this
day of 20. and for a second and final reading on this _ day of 20
MAYOR
VICE MAYOR
COMMISSIONER
COMMISSIONER
ATTEST:
TOWN CLERK
TOWN OF GULF STREAM
BALANCE SHEET &
CASH & BUDGET REPORT
Unaudited
As of December 31, 2017
TABLE OF CONTENTS
SECTION
PAGE(S)
CashBalance Sheet..................................................................................................................... 1-2
BudgetReport, General Fund............................................................................................................... 3-8
BudgetReport, Water Fund................................................................................................ 9-10
Budget Report, Undergrounding Fund.................................................................................. 11-12
General Fund 001
Assets
Penny Sales Tax Checking Account
S49,762.90
Cash - Oper Account
$176,546.31
Cash - P/R Account
$8,120.35
Cub - Operating MMA
$5,773,354.46
Cash - Flagler Bank CD
$260,440.41
Legacy Bank CD
$270,000.00
Florida Community Bank CD
$240,10421
-ash - Petty Cash
$200.00
4ccounts Receivable- Garbage
514,150.80
nventorles
$1,790.49
nvestmems - SBA
($0.50)
'repaid Other
$64228
lndergmund Pmj Pymt Fund - Checking
50.00
,ash - Suntmst MMA
$0.00
Usessment Receivable
$0.00
)clinq. Assessment Recievable
S0.00
,ash-Flagler Bank Water Utility Savings
$0.00
acounts Receivable- Water
$0.00
,ccounts Receivable - Reserves
$0.00
ass: Allowance - Water
$0.00
lue Fmm General Fund
$0.00
repaid Water Meters
$0.00
wentory,
50.00
nprovements Other Than Bldg.
$0.00
ccum. Deprec: Imp Other T Bld
$0.00
quipment and Furniture
$0.00
ecumulated Depr- Equip/ Fum
$0.00
ata] Assets
$6,795,111.71
Town of Gulf Stream
Balance Sheet
December 2017
Water Fund 401 Underground Fund 155
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$79,540.97
$0.00
$1,321,121.63
$0.00
$1,071,533.49
$0.00
$0.04
S1,666,441.05
$0.00
$92,72824
$0.00
$8,941.00
$0.00
$25,000.00
50.00
$51,941.95
$0.00
S3,372.66
$0.00
$3,095.68
$0.00
S2,658,921.72
$0.00
($924,263.36)
50.00
$71,378.00
$0.00
($65,994.00)
$0.00
$3,541,562.94
$2,472,196.13
labililies and Fund Balance
1
Town of Gulf Stream
Balance Sheet
December 2017
General Fund 001 Water Fund 401 Underground Fund 155
Liabilities
Accounts Payable
$25,663.52
$0.00
$0.00
Due to Water Fund
551,941.95
$0.00
$0.00
Accrued Compensated Absences
50.48
$0.00
50.00
Other Insurance Deductions
540.01
SO.00
50.00
Deposit:Damage Bond/Plans
540,000.00
$0.00
$0.00
Deferred Revenue
SOHO
$0.00
$1,075,509.97
4ccounts Payable
$0.00
$35,113.71
$0.00
Water Accrued Wages Payable
$0.00
$0.13
$0.00
4ccrued Compensated Absences
50.00
$2,301.91
$0.00
)eferred Revenue
$0.00
$5,771.00
50.00
Total Liabilities
$117,645.96
543,186.75
$1,075,509.97
Fund Balance
Leserve for Dredging
S17,820.00
50.00
$0.00
und Balance
$6,659,645.75
$0.00
$0.00
and Balance
$0.00
$0.00
$1,396,686.16
'.etained Earnings - Unreserved
$0.00
$3,084,743.05
50.00
.etained Earnings - Reserved
$0.00
(Si24,282.84)
$0.00
JE Reserved For D/S and R & R
$0.00
$537,915.98
$0.00
Total Fund Balance
$6,677,465.75
$3,498,376.19
$1,396,686.16
otal Liabilities and Fund Balance
$6,795,111.71 $3,541,562.94 $2,472,196.13
2
Revenues
Property Taxes
Ad Valorem Taxes - Current
Ad Vale= Taxes - Delinquent
Early Payment Discount -Ad Vale
Interest on Tax Collection
Total Property Taxes
Fines
ludgetrents and Fines
Violations of local Ordinances
Permits
ioning/Code Review Fees
nspeclion Fee
Registrations
.ocal Business Tnx - Registrations
:ounty Business Tax
State & County
,ecal Option Fuel Tax R&S
oval Alternate Fuel Decal Tax
)in. InfmswctureTax
rofessiona / Occupational Lic
'igarette Tex
L Revenue Sharing
L Rev Sharing -Alcoholic Bev
Deal Government 12c Sales Tx
then General Government
uel Tax Refund
ecycle Revenue Sharing
Town of Gulf Stream
Income Statement
General Fund as of December 31, 2017
Current Month YTD
Actual Budget Variance Actual Budget Variance 2017 Budget Percent
$2,627,619.18
$382,572.00
$2,245,047.18
$3,746,271.75
$4,590,871.00
($844,59925)
$4,590,871.00
81.60%
s0.a0
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
0.00%
($104,609.72)
($14,166.00)
($90,443.72)
($149,737.12)
($170,000.00)
$20,262.88
($170,000.00)
88.08 %
50.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
0.00%
$2,523,009.46
$368,406.00
52,154,603.46
$3,596,534.63
$4,420,871.00
($824,336.37)
$4,420,871.00
81.35%
$113.47
$0.00
$150.00
$0.00
(536.53)
50.00
$363.02
$0.00
$1,800.00
So.00
(51,436.98)
$0.00
$1,800.00
50.00
20.17%
0.00%
$113.47
$150.00
($36.53)
5363.02
$1,800.00
($1,436.98)
$1,800.00
20.17%
$6,930.00
$5,308.00
$1,622.00
$19,895.00
$63,700.00
($43,805.00)
$63,700.00
31.23%
50.00
$94,516.00
$29,166.00
565,350.00
$126,601.00
$350,000.00
($223,399.00)
$350,000.00
36.17%
$2,500.00
$101,446.00
$34,474.00
$66,972.00
$146,496.00
$413,700.00
($267,204.00)
$413,700.00
35.41
%
50.00
so.00
$0.00
So.00
0.00%
$o.00
$0.00
$0.00
$0.00
50.00
$0.00
$o.00
$0.00
50.00
$0.00
$0.00
0.00%
$21,700.00
5226.07
$0.00
5226.07
$946.07
50.00
$946.07
$0.00
0.00%
(S8o0.00)
5226.07
$0.00
$226.07
$946.07
$0.00
$946.07
$0.00
0.00%
$71,000.00
$2,934.88
$2,875.00
$59.88
$5,837.42
$34,500.00
($28,662.58)
$34,500.00
16.92%
50.00
$0.00
$0.00
50.00
$0.00
50.00
$0.00
0.00%
$5,169.98
$2,500.00
52,669.98
511,387.41
$30,000.00
($18,612.59)
530,000.00
37.96%
$0.00
$0.00
$0.00
50.00
so.00
$0.00
So.00
0.00%
$o.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
0.00%
$1,914.18
51,808.00
$106.18
53,828.36
$21,700.00
($17,871.64)
$21,700.00
17.64%
$0.00
$66.00
(566.00)
50.00
$800.00
(S8o0.00)
$800.00
0.00
56,598.77
$5,916.00
5682.77
$12,396.70
$71,000.00
($58,603.30)
$71,000.00
17.46%
50.00
$0.00
$0.00
50.00
$0.00
$0.00
$0.00
0.00%
$0.00
$125.00
($125.00)
$0.00
$1,500.00
($1,500.00)
$1,500.00
0.00%
50.00
$125.00
(5125.00)
5347.42
$1,500.00
($1,152.58)
$1,500.00
23.16%
Ez
Local Communication Svc Tax
Current Month
YTD
Communications Services Tax
Actual
Budget
Variance
Actual
Budget
Variance
2017 Budget
Percent
$16,617.81
513,415.00
$3,202.81
$33,797.31
5161,000.00
($127,202.69)
$161,000.00
20.99%
Interest
Interest On investment
$3,076.71
$333.00
$2,743.71
$9,392.51
$4,000.00
$5,392.51
$4,000.00
234.81 %
$3,076.71
$333.00
$2,743.71
$9,392.51
$4,000.00
$5,392.51
$4,000.00
234.81 %
Franchises
Franchise Fees - FPL
$10,846.72
59,417.00
51,429.72
510,846.72
$113,000.00
(SI02,153.28)
5113,000.00
9.60%
Franchise Fees - Southern Bell
$0.00
50.00
50.00
$0.00
$0.00
$0.00
$0.00
0.()0%
Franchise Fees -Gas
$2,317.37
51,275.00
$1,042.37
$2,317.37
$15300.00
($12,982.63)
$15,300.00
15.15%
Franchise Fees - Cable
50.00
$0.00
50.00
$0.00
$0.00
$0.00
$0.00
0.00%
$13,164.09
$10,692.00
$2,472.09
$13,164.09
$128,300.00
($115,135.91)
$128,300.00
10.26%
Local Communication Svc Tax
Communications Services Tax
54,791.41
53,975.00
$816.41
SI5,452.05
547,700.00
(532,247.95)
$47,700.00
32.39%
54,791.41
$3,975.00
$816.41
515,452.05
$47,700.00
($32,247.95)
547,700.00
32.39%
Garbage Collation Fees
3arbage Collation Fa
50.00
$11,766.00
(511,766.00)
$23,529.68
$141,200.00
($117,67032)
5141,200.00
16.66%
50.00
SI1,766.00
(S 11,766.00)
523,529.68
$141,200.00
($117,670.32)
$141,200.00
16.66%
Utility Service Tax
Utility Service Tax - Electric
$16,257.32
$13,500.00
52,757.32
$16,257.32
$162,000.00
($145,742.68)
5162,000.00
10.04%
Jtility Service Tax - Telecomm
$0.00
$0.00
50.00
$0.00
$0.00
50.00
50.00
0.00%
Jtility Service Tax -Gas
$892.57
51341.00
($448.43)
53,182.32
$16,100.00
(512,917.68)
$16,100.00
19.77%
Jtility Service Tax -Propane
5540.30
51,041.00
($500.70)
$3,922.58
$12,500.00
(58,577.42)
$12,500.00
31.38%
$17,690.19
$15,882.00
$1,808.19
523,36222
$190,600.00
(5167,237.78)
$190,600.00
12.26%
Contributions and Donations
:ontribulions-Civic Assoc.
50.00
$0.00
50.00
50.00
$0.00
50.00
$0.00
0.00%
:ontributions- Community
50.00
$0.00
$0.00
$12,214.95
$0.00
$12,214.95
$0.00
0.00%
$0.00
$0.00
$0.00
$12,214.95
$0.00
$12,214.95
$0.00
0.00%
Federal Grants
'ederal Grants - Other
50.00
$0.00
50.00
$0.00
$0.00
50.00
50.00
0.00%
50.00
$0.00
$0.00
$0.00
50.00
$0.00
$0.00
0.00%
Other
'ayment in Lieu of Taxes -Water
59,925.00
$2,475.00
$7,450.00
$9,925.00
$29,700.00
($19,775.00)
$29,700.00
33.42%
{ales of Maps and Publications
SO.00
$0.00
$0.00
50.00
SOHO
$0.00
$0.00
0.00%
,enification, Copies, Misc Ot
$115.95
$0.00
$115.95
$232.75
50.00
$232.75
50.00
0.00%
4iscellaneous Services
$0.00
$1,250.00
($1,250.00)
$0.00
$15,000.00
($15,000.00)
$15,000.00
0.00%
:lerk's Charges &Fees
SO.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
0.00%
'ublic Safety - Other Chrg/Fee
$0.00
$0.00
50.00
50.00
50.00
50.00
$0.00
0.00%
4
5
Current Month
YTD
Actual
Budget
Variance
Actual
Budget
Variance
2017 Budget
Percent
Int Mowing and Clearing
$0.00
$0.00
50.00
$0.00
$0.00
50.00
$0.00
0.00%
Sale of Fixed Assets
50.00
$0.00
$0.00
$0.00
$0.00
50.00
$0.00
0.00%
Management Fees
$0.00
$0.00
$0.00
SO.00
$0.00
$0.00
$0.00
0.00%
Other Contractual Agreements
50.00
$1,283.00
($1,283.00)
$0.00
515,400.00
($15,400.00)
$15,400.00
0.00%
Other Miscellaneous Revenue
52,711.00
50.00
52,711.00
52,711.00
$0.00
$2,711.00
$0.00
0.00%
Operating Transfer
$0.00
$0.00
$0.00
50.00
$0.00
$0.00
$0.00
0.00%
Operating Trans - Water Fund
$0.00
50.00
$0,00
$0.00
$0.00
50.00
$0.00
0.00%
Debt Proceeds
$0.00
50.00
$0.00
SO.00
50.00
$0.00
$0.00
0.00%
$12,751.95
$5,008.00
$7,743.95
512,868.75
$60,100.00
($47,231.25)
$60,100.00
21.41 %
Total Revenues
$2,692,887.16
$464,101.00
$2,228,786.16
$3,888,121.28
$5,569,271.00
($1,681,149.72)
$5,569,271.00
69.81 %
Expenditures
Admin & General
Executive Salaries
$8,319.24
$9,012.00
5692.76
524,957.72
$108,150.00
$83,192.28
$108,150.00
23.08%
Regular Salaries - Admin
$20,884.90
$25,912.00
$5,027.10
$62,654.70
$310,951.00
$248,296.30
$310,951.00
20.15°%
Dther Salaries - Pan Time
50.00
$0.00
50.00
$0.00
$0.00
$0.00
50.00
0.00%
Contingency -Miscellaneous
$828.00
529,166.00
528,338.00
$3,007.16
5350,000.00
$346,992.84
$350,000.00
0.86%
Dvertime- Admin
5232.47
5416.00
$183.53
$965.64
$5,000.00
54,034.36
55,000.00
19.31 %
FICA Taxes
$1,660.86
52,863.00
$1,202.14
55,686.99
$34,356.00
$28,669.01
$34,356.00
16.55%
Retirement Contributions
$5,405.12
$6,363.00
$957.88
$15,345.17
576,358.00
$61,012.83
$76,358.00
20.10%
Life and Health Insurance
$4,951.01
57,759.00
52,807.99
$20,880.83
593,117.00
$72,236.17
593,117.00
22.42%
Workers' Compensation
50.00
50.00
$0.00
50.00
$0.00
50.00
$0.00
0.00%
Jnemployment Compensation
$0.00
50.00
$0.00
SO.00
$0.00
$0.00
$0.00
0.00%
-aged Services - Admin
560,961.73
533,333.00
($27,628.73)
$89,571.51
5400,000.00
$310,428.49
5400,000.00
22.39%
-egal Services -Planning Board
$0.00
$416.00
5416.00
$0.00
$5,000.00
55,000.00
55,000.00
0.00%
ingineering Fees
$0.00
$83.00
$83.00
SODO
51,000.00
51,000.00
$1,000.00
0.00%
disc. Prof Svcs: Building Inspections
$94,516.00
$28,787.00
(565,729.00)
$126,601.00
$350,000.00
$223,399.00
5350,000.00
36.17%
disc Prof Svcs -TH
54,79125
$9,583.00
$4,791.75
54,891.25
$115,000.00
$110,108.75
$115,000.00
425%
lccounting and Auditing Fees
54,500.00
$1,291.00
(53,209.00)
510,500.00
$15,500.00
55,000.00
$15,500.00
67.74%
'mperty Trash Removal/ Mowing
$0.00
$208.00
$208.00
$1,965.54
$2,500.00
5534.46
52,500.00
78.62%
fravel and Per Diem-TH
$0.00
5477.00
5477.00
50.00
55,500.00
55,500.00
55,500.00
0.00%
.ommunication-TH
5609.08
$958.00
$348.92
$2,420.04
$11,500.00
59,079.96
$11,500.00
21.04%
'astage
$121.05
$375.00
$253.95
$206.00
$4,500.00
$4,294.00
$4,500.00
4.58%
:7ectric-TH
$653.69
5750.00
$96.31
$1,421.57
59,000.00
$7,578.43
59,000.00
15.80%
Neter
$126.92
51,666.00
$1,539.08
$3,438.66
$20,000.00
$16,561.34
$20,000.00
17.19%
Cental and Lease Expense
$519.11
$700.00
$180.89
51,555.81
$8,400.00
$6,844.19
$8,400.00
18.52%
nsummrce- Liab/Pmp/WC
533,534.25
$7,500.00
($26,034.25)
552,756.50
$90,000.00
$37,243.50
$90,000.00
58.62%
5
Police
Current Month
YTD
amcutive Salaries
Actual
Budget
Variance
Actual
Budget
Variance
2017 Budget
Percent
Insurance -Property
$0.00
$500.00
$500.00
$5,851.00
$6,000.00
$149.00
56,000.00
97.52 %
Insurance- Ermrs & Omission
$0.00
50.00
$0.00
50.00
50.00
50.00
$0.00
0.00%
Building Maintenance -TH
5245.99
$1,250.00
$1,004.01
$3,175.00
$15,000.00
$11,825.00
$15,000.00
21.17%
La" Maintenance
$640.96
$791.00
5150.04
$2,630.95
$9,500.00
56,869.05
$9,500.00
27.69%
Bird Sanctuary Maintenance
50.00
$454.00
5454.00
$0.00
$5,000.00
$5,000.00
55,000.00
0.00%
Office Eq/Supp/Computer-TH
$1,945.99
$2,121.00
5175.01
56,720.99
$25,000.00
$18,279.01
$25,000.00
26.88%
Printing and Binding -TH
$1,037.42
5541.00
($496.42)
$1,554.64
56,500.00
54,945.36
$6,500.00
23.92%
Legal Advertisement & Other
$0.00
5416.00
5416.00
$701.76
$5,000.00
$4,298.24
$5,000.00
14.04%
Uniform Cleaning
50.00
50.00
50.00
50.00
$0.00
$0.00
50.00
0.00
Contra for W/F Mgmt Fees
($22,500.00)
($7,500.00)
$15,000.00
($22,500.00)
(590,000.00)
($67,500.00)
($90,000.00)
25.00%
Min. Other -TH
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
0.00%
Office Supplies
$180.55
$208.00
$27.45
$559.59
52,500.00
51,940.41
$2,500.00
22.38%
Books, Membership, Training -TH
50.00
$977.00
$977.00
$4,428.88
$11,500.00
$7,071.12
$11,500.00
38.51%
Contributions; &Special Events
$0.00
5125.00
$125.00
$0.00
51,500.00
$1,500.00
$I,500.00
0.00%
Capital Outlay -TH
$23,998.50
$30,004.00
56,005.50
549,880.61
$356,871.00
5306,990.39
$356,871.00
13.98 %
$248,164.09
$197,505.00
($50,659.09)
$481,829.51
$2,370,203.00
$1,888,373.49
$2,370,203.00
20.33 %
Fire
?ire Control Contract Services
$39,456.99
$39,458.00
SI.01
$118,370.97
$473,500.00
$355,129.03
$473,500.00
25.00%
Oise. Repair and Maintenance
$0.00
583.00
$83.00
50.00
$1,000.00
$1,000.00
$1,000.00
0.00%
539,456.99
$39,541.00
$84.01
5118,370.97
$474,500.00
$356,129.03
$474,500.00
24.95%
Police
amcutive Salaries
58,971.54
$9,719.00
$747.46
$26,914.62
$116,630.00
$89,715.38
5116,630.00
23.08%
iegular Salaries -Police OM
$57,158.78
570,594.00
513,435.22
$176,248.07
$847,138.00
5670,889.93
$847,138.00
20.81 %
)vertime- Police
5207.83
$1,250.00
$1,042.17
$428.40
$15,000.00
$14,571.60
$15,000.00
2.86%
ncentive Pay
$913.82
$990.00
$76.18
$2,741.46
$11,880.00
$9,138.54
$11,880.00
23.08 %
,ICA Taxes
$4,775.52
56,241.00
$1,465.48
$15,41522
$74,900.00
$59,484.78
$74,900.00
20.58%
tedrement Contributions
$13,007.50
515,41 I.00
$2,403.50
$39,981.36
5184,935.00
$144,953.64
$184,935.00
21.62%
ife and Health Insurance
$0.00
50.00
$0.00
$0.00
$0.00
50.00
$0.00
0.00%
ife and Health Insurance
$11,178.41
$18,609.00
$7,430.59
557,187.80
$223,305.00
$166,11720
$223,305.00
25.61%
Vorkers' Compensation
$0.00
50.00
50.00
$0.00
$0.00
50.00
50.00
0.00%
Inemployment Compensation
$0.00
50.00
SOHO
$0.00
$0.00
$0.00
$0.00
0.00%
egal Services - PD
$0.00
541.00
$41.00
50.00
$500.00
$500.00
5500.00
0.00%
Use Pmf Svcs - PD
$100.00
583.00
($17.00)
$150.00
$1,000.00
$850.00
51,000.00
15.00°%
rispatch Service Contract
50.00
$5,416.00
$5,416.00
$55,961.00
$65,000.00
$9,039.00
$65,000.00
86.09%
'ravel and Per Diem - PD
50.00
5166.00
$166.00
$0.00
$2,000.00
$2,000.00
$2,000.00
0.00 %
'ommunication - PD
$265.79
$291.00
$25.21
$604.08
$3,500.00
$2,895.92
$3,500.00
17.26%
lectric - PD
$235.66
$250.00
$14.34
$656.89
53,000.00
$2,343.11
$3,000.00
21.90%
6
7
Current Month
YTD
Actual
Budget
Variance
Actual
Budget
Variance
2017 Budget
Percent
Building Maintenance - PD
$259.26
5250.0()
(59.26)
52,076.94
$3,000.00
5923.06
$3,000.00
69.23%
Vehicle Maintenance
5675.21
5666.00
(5921)
$1,105.84
$8,000.00
56,894.16
$8,000.00
13.82%
Office Eq/Supp/Computer- PD
$7839
$375.00
$296.61
$1,820.94
$4,500.00
$2,679.06
$4,500.00
40.47%
Printing and Binding - PD
$0.00
541.00
$41.00
$294.00
5500.00
5206.00
$500.00
58.80%
Legal Advertisement & Other
50.00
SUM
50.00
50.00
50.00
50.00
S0.00
0.00%
Uniform Cleaning
5169.00
5275.00
S106.00
5357.00
53,300.00
52,943.00
53,300.00
10.82%
Fuel
52,674.94
54,583.00
$1,908.06
58,078.70
555,000.00
546,921.30
$55,000.00
14.69%
Uniforms & Equipment
543424
5541.00
$106.76
$716.34
$6,500.00
$5,783.66
$6,500.00
11.02%
Books, Memberships, Training- PD
$0.00
51,333.00
51,333.00
$0.00
$16,000.00
$16,000.00
516,000.00
0.00%
2ontlnued Education - CPE
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
0.00%
"apital Outlay - PD
5955.70
$8,083.00
57,127.30
51,99125
$97,000.00
$95,008.75
$97,000.00
2.05%
5102,061.59
$145,208.00
543,146.41
$392,729.91
$1,742,588.00
51,349,858.09
$1,742,588.00
22.54%
Streets
tegular Salaries - Streets
$5,058.92
$5,814.00
$755.08
$15,176.76
$69,771.00
$54,594.24
$69,771.00
21.75%
)vertime- Streets
$0.00
$166.00
$166.00
$94.86
$2,000.00
$1,905.14
$2,000.00
4.74%
7CATaxes
$387.02
$457.00
$69.98
$1,168.31
55,491.00
54,322.69
$5,491.00
21.28%
tetirement Contributions
$1,05832
51,146.00
$87.68
53,174.96
513,759.00
$10,584.04
$13,759.00
23.08%
.i@ and Health lnsumnce
$1,267.64
$1,551.00
$283.36
$5,954.82
$18,620.00
$12,665.18
$18,620.00
31.98%
disc Prof Svcs -Streets
$0.00
$4,545.00
54,545.00
51,610.69
$50,000.00
$48,389.31
$50,000.00
322%
;ommunication- Streets
$15.19
541.00
$25.81
5160.66
$500.00
5339.34
$500.00
32.13%
0ectdc-Streets
$1,566.84
$1,250.00
($316.84)
$3,593.97
515,000.00
$11,406.03
$15,000.00
23.96%
:ental and Lease Expense
50.00
$33.00
833.00
$0.00
5400.00
5400.00
5400.00
0.00%
rehicle Maintenance -Streets
$3,473.36
$416.00
($3,057.36)
$3,473.36
55,000.00
$1,526.64
55,000.00
69.47%
Ilse. Repair and Maintenance
50.00
$2,833.00
$2,833.00
54,699.87
$34,000.00
$29,300.13
$34,000.00
13.82%
list. Other -NPDES
$2,322.00
5625.00
($1,697.00)
$2,722.00
$7,500.00
54,778.00
$7,500.00
36.29%
Vater Fund Labor Fees
50.00
50.00
50.00
50.00
$0.00
50.00
50.00
0.00%
,lactating Supplies
$285.80
541.00
($244.80)
8420.93
$500.00
$79.07
5500.00
84.19%
Informs & Equipment
$0.00
541.00
541.00
$120.00
$500.00
$380.00
5500.00
24.00%
Dad Materials and Supplies
$0.00
5100.00
8100.00
$0.00
51,200.00
$1,200.00
51,200.00
0.00%
apiml Outlay - Streets
$58.77
$37,537.00
$37,47823
$11,958.77
5455,000.00
5443,041.23
$455,000.00
2.63%
onstmction in Progress
50.00
50.00
SUM
$0.00
$0.00
$0.00
50.00
0.00%
$15,493.86
$56,596.00
541,102.14
$54,329.96
$679,241.00
$624,911.04
5679,241.00
8.00%
Legal
egular Salaries - Legal
57,440.76
$8,060.00
$619.24
$22,32228
$96,730.00
$74,407.72
$96,730.00
23.08%
ICA Taxes - Legal
$56922
$616.00
546.78
$1,707.66
$7,400.00
$5,692.34
$7,400.00
23.08%
etirement Contributions - Legal
$1,556.60
$1,686.00
$129.40
54,669.80
520,236.00
515,566.20
$20,236.00
23.08%
ife and Health Insurance - Legal
$1,267.64
$1,551.00
$283.36
55,954.82
$18,623.00
$12,668.18
$18,623.00
31.98%
7
Workers' Compensation- Legal
Unemployment Compensation - Legal
Travel and Per Diem -Legal
Communication - Legal
Postage- Legal
Printing and Binding - Legal
Office Supplies - Legal
Books, Membership, Training - Legal
Total
Sanitation
liarbage Contract Services
Nisc. Trash Disposal
Total Sanitation
Total Expenditures
Yet Revenue (Deficit)
VET SURPLUS/(DEFICIT)
$11,729.97
Current Month
($14.97)
$35,189.91
YTD
$106010.09
$141,200.00
24.92%
Actual
Budget
Variance
Actual
Budget
Variance
2017 Budget
Percent
$0.00
$0.00
$0.00
50.00
$0.00
$0.00
$0.00
0,00%
50.00
50.00
$0.00
$0.00
50.00
50.00
50.00
0.00%
$111.98
$83.00
($28.98)
$111.98
51,000.00
$888.02
51,000.00
11.20%
$5228
$62.00
59.72
5172.62
5750.00
5577.38
5750.00
23.02%
$0.00
541.00
541.00
50.00
$500.00
$500.00
$500.00
0.00%
50.00
541.00
541.00
$0.00
$500.00
$500.00
5500.00
0.00%
50.00
$41.00
$41.00
SOHO
5500.00
5500.00
5500.00
0.00 %
50.00
$625.00
$625.00
$145.00
$7,500.00
$7,355.00
57,500.00
1.93 %
$10,998.48
512,806.00
51,807.52
535,084.16
$153,739.00
$118,654.84
$153,739.00
22.82%
$11,729.97
$11,715.00
($14.97)
$35,189.91
5141,200.00
$106010.09
$141,200.00
24.92%
$0.00
$701.00
$701.00
$0.00
$7,800.00
57,800.00
$7,800.00
0.00%
$11,729.97
$12,416.00
$686.03
$35,189.91
$149,000.00
SI 13,810.09
$149,000.00
23.62%
5427,904.98
$464,072.00
536,167.02
51,117,534.42
$5569,271.00
54,451,736.58
$5,569,271.00
20.07%
$2,264,982.18 $29.00 $2,264,953.18 $2,770,586.86 $0.00 $2,770,586.86 $0.00
$2,264,982.18 $29.00 $2,264,953.18 $2,770,586.86 $0.00 $2,770,586.86 $0.00
0.00%
0.00%
8
Town of Gulf Stream
Income Statement
Water Fund as of December 31, 2017
Expenditures
Current Month
YTD
Water Purchased
Actual
Budget
Variance
Actual
Budget
Variance
2017 Budget
Percent
Revenues
S44,150.67
S53,333.00
$9,182.33
595,086.62
$640,000.00
$544,913.38
5640,000.00
14.86%
Water Sales
S2,022.05
S2,500.00
5477.95
54,579.15
S30,000.00
$25,420.85
530,000.00
15.26%
Water Sales
$0.00
$86,666.00
($86,666.00)
$170,369.06
$1,040,000.00
($869,630.94)
$1,040,000.00
16.38 %
Total Water Sales
50.00
$86,666.00
(S86,666.00)
$170,369.06
$1,040,000.00
(5869,630.94)
$1,040,000.00
16.38 %
Reserve Fees
Reserves Fees
50.00
$11,250.00
(SI 1,250.00)
$22,560.00
$135,000.00
($112,440.00)
5135,000.00
16.71 %
Total Reserve Fees
50.00
S11,250.GO
($11,250.00)
$22,560.00
$135,000.00
($112,440.00)
$135,000.00
16.71 %
Interest
5282.12
5312.00
S29.88
S851.65
$3,745.00
S2,893.35
$3,745.00
22.74%
Interest On Investment
S7,310.38
$0.00
$1,310.38
$3,388.82
$0.00
$3,388.82
$0.00
0.00 %
He and Health insurance
$1,310.38
$0.00
$1,310.38
$3,388.82
$0.00
$3,388.82
$0.00
0.00%
Total Revenues
$1,31038
$97,916.00
($96,605.62)
$196,317.88
$1,175,000.00
($978,682.12)
$1,175,000.00
16.71%
Expenditures
Water Purchased
Nater Purchased - Commodity
S44,150.67
S53,333.00
$9,182.33
595,086.62
$640,000.00
$544,913.38
5640,000.00
14.86%
Nater- Capacity
S2,022.05
S2,500.00
5477.95
54,579.15
S30,000.00
$25,420.85
530,000.00
15.26%
Nater Purchased -Meter Charge
57.36
S9.00
SI.64
516.58
$110.00
$93.42
$110.00
15.07%
Total Water Purchased
546,180.08
S55,842.00
S9,661.92
599,682.35
$670,110.00
$570,427.65
5670,110.00
14.88%
Other Expenses
tegular Salaries - Water
S3,687.88
$4,078.00
S390.12
SII,063.64
548,946.00
S37,882.36
$48,946.00
22.60%
)vertime- Water
$0.00
5416.00
$416.00
569.15
55,000.00
54,930.85
$5,000.00
1.38 %
7CATues
5282.12
5312.00
S29.88
S851.65
$3,745.00
S2,893.35
$3,745.00
22.74%
tetirement Contributions
$771.50
5835.00
563.50
S2,314.50
510,030.00
S7,715.50
S10,030.00
23.08%
He and Health insurance
51,164.61
51,555.00
$390.39
$5,532.86
518,669.00
S13,136.14
$18,669.00
29.64%
HS/Mapping
50.00
S541.00
$541.00
$3,84630
$6,500.00
S2,653.70
$6,500.00
59.17%
Vater Sampling & Testing
$105.00
$333.00
5228.00
$315.00
54,000.00
$3,685.00
54,000.00
7.88%
repair Services
50.00
$833.00
5833.00
SO.00
SI0,000.00
S10,000.00
$10,000.00
0.00%
ieneml Management Fees
$22,500.00
$7,500.00
(SI5,000.00)
$22,500.00
590,000.00
567,500.00
$90,000.00
25.00 %
oRware Maintenance Contract
$624.85
5416.00
(S208.85)
S1,249.70
55,000.00
$3,750.30
$5,000.00
24.99%
'ommunication
S37.43
S41.00
53.57
SI 11.83
S500.00
$388.17
5500.00
22.37%
ostage
$253.00
583.00
(5170.00)
$253.00
$1,000.00
S747.00
$1,000.00
25-30%
9
Electric - Chlorinator
Insurance- General Liability
Printing and Binding
Provision for Bad Debt
Payment In Lieu of Taxes
Mise. operating Supplies
General Office Supplies
Unifamts & Equipment
Books, Membership, Tmining-Water
Depreciation Expense
Renewal & Replacement Expense
::apital Outlay -Water
Total Other Expenses
Total Expenditures
Yet Revenue (DeOcit)
VET SURPLUS/(DEFICIT)
Town of Gulf Stream
Income Statement
Water Fund as of December 31, 2017
($90,631.17) $11.00 ($90,642.17) ($23,718.92) $0.00 ($23,718.92) $0.00 0.00 'Z.
($90,631.17) $11.00 ($90,642.17) ($23,718.92) $0.00 ($23,718.92) $0.00 0.00 1%
10
Current Month
YTD
Actual
Budget
Variance
Actual
Budget
Variance
2017 Budget
Percent
$24.46
$45.00
$20.54
$66.69
$550.00
S483.31
S550.00
12.13 %
50.00
51,250.00
$1,250.00
$14,900.00
$15,000.00
$100.00
$15,000.00
99.33 %
$0.00
$12.00
$12.00
$52.75
$150.00
$9725
$150.00
35.17%
$0.00
5166.00
$166.00
$0.00
$2,000.00
$2,000.00
$2,000.00
0.00%
$9,925.00
$3,308.00
($6,617.00)
S9,925.00
S39,700.00
S29,775.00
$39,700.00
25.00%
$306.65
S416.00
$109.35
$594.51
55,000.00
54,405.49
$5,000.00
11.89 %
50.00
541.00
$41.00
50.00
$500.00
$500.00
$500.00
0.00%
50.00
$16.00
$16.00
S120.00
5200.00
$80.00
$200.00
60.00%
50.00
$33.00
$33.00
$0.00
5400.00
5400.00
5400.00
0.00%
$3,000.00
$1,000.00
($2,000.00)
$3,000.00
$12,000.00
59,000.00
$12,000.00
25.00%
$3,020.19
51,250.00
($1,770.19)
$9,287.09
$15,000.00
$5,712.91
$15,000.00
61.91 %
$58.78
$17,583.00
$17,524.22
$34,300.78
$211,000.00
$176,699.22
5211,000.00
1626%
$45,761.47
$42,063.00
($3,698.47)
$120,354.45
$504,890.00
$384,535.55
$504,890.0()
23.84%
$91,941.55
$97,905.00
$5,963.45
$220,036.80
$1,175,000.00
$954,963.20
$1,175,000.00
18.73 %
($90,631.17) $11.00 ($90,642.17) ($23,718.92) $0.00 ($23,718.92) $0.00 0.00 'Z.
($90,631.17) $11.00 ($90,642.17) ($23,718.92) $0.00 ($23,718.92) $0.00 0.00 1%
10
Town of Gulf Stream
Income Statement
Undergrounding Fund as of December 31, 2017
Current Month YTD
Actual Actual
Revenues
Non -Ad Velorem Taxes
Ad Valorem Taxes - Cu=t
$0.00
$0.00
Early Payment Discount -Ad Valo
$0.00
$0.00
NAV Taxes - Fees
$0.00
50.00
Total Non- Ad Valorem Taxes
SUM
$0.00
Interest
$1,259.74
$1,259.74
Interest On Investment
$44.40
$125.63
'mf Svcs - Pmject Admin
$44.40
$125.63
Other
SO.00
50.00
Assessment Revenues
$136,550.09
$182,682.06
Interest On Investment
S44.40
$125.63
Merest Revenue on Assessment
$0.00
$0.00
Admin Fee Revenue
$0.00
$0.G0
iefund Prior Yr Expenditure
$0.00
$0.00
Miscellaneous Revenue
$0.00
$1,626.02
$136,594.49
$184,433.71
Total Revenues
$136,638.89
$184,559.34
Expenditures
All Expenses
HS/Mapping
$0.00
$0.00
engineering Fees
50.00
SO.00
'mf Svcs - Design Survey Work
50.00
$0.00
'mf Svcs- Project Management
$1,259.74
$1,259.74
'mf Svcs - Const Survey Work
51,169.50
$1,169.50
'mf Svcs - Pmject Admin
$0.00
$8,998.95
'mf Svcs - Assessment Consult
SO.00
50.00
recounting and Auditing Fees- UG
$30.00
$30.00
'ant Svcs - FPL Fees
50.00
$0.00
'ont Svcs - Street Light Syste
$0.00
$0.00
Cont Svcs - UG Construction
Cont Svcs - Pre Const Landscap
Cont Svcs - Post Const Landsca
Cont Svcs - AT&T Fees
Cont Svcs - Comcast Fees
Legal Adverlisement & Other
Discount
County Admin Fee
Misc. Expenses
Debt Service- Principal
Debt Service - Interest
Total Other Expenses
Total Expenditures
Net Revenue (Deficit)
NET SURPLUS/(DEFICIT)
Town of Gulf Stream
Income Statement
Undergrounding Fund as of December 31, 2017
Current Month YTD
Actual Actual
$0.00
50.00
$0.00
S0.00
50.00
$0.00
S0.00
$0.00
$0.00
$0.00
50.00
$0.00
$5,461.94
$7,357.06
$1,310.88
$1,753.25
$0.00
$0.00
SUM
50.00
$0.00
$0.00
$9,232.06
S20,568.50
$9,232.06
$20,568.50
5127,406.83
$163,990.84
$127,406.83 $163,990.84
12
® Gulf Stream Police Department
Fu►.
Activity Report (Q
From 12/12017 Through 12/312017
Advity
Count
ALARMS
8
ANIMAL COMPLAINT
2
ARREST WARRANT
I
ASSIST OTHER DEPARTMENT
15
CIVIL COMPLAINT
I
DIRECTED PATROL
130
DISPATCH ERROR
1
DOMESTIC VIOLENCE INVEST.
1
FRAUD
I
FRAUD 1DENHTY THEFT
I
INFORMATION REPORT
I
POLICE SERVICE
15
SUSPICIOUS INCIDENT
6
SUSPICIOUS PERSON
2
THEFT (GRAND)
I
THEFT (PETIT)
1
TOWN ORDINANCE VIOLATION
49
TRAFFIC COMPLAINT
4
TRAFFIC CRASH
1
TRAFFIC CONTACTS
120
Activity
ALARM
ASSIST OTHER DEPARTMENT
DIRECTED PATROL
DOMESTIC DISPUTE
INFORMATION
LOST PROPERTY
POLICE SERVICE
SUSPICIOUS INCIDENT
SUSPICIOUS PERSON
THEFT FROM MOTOR VEHICLE
TOWN ORDINANCE VIOLATION
TRAFFIC COMPLAINT
TRAFFIC CRASH
TRAFFIC CONTACTS
Gulf Stream Police Department
Activity Report
Between 12/12016 and 12/31/2016
Page 1 of 1
Date Printed: 1/4/2017
Count
15
14
122
1
1
1
16
1
2
1
25
3
76
RESOLUTION NO. 18-01
A RESOLUTION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY,
FLORIDA, OPPOSING LEGISLATIVE EFFORTS TO IMPEDE THE
CONSTITUTIONAL RIGHT FLORIDA'S CITIZENS HAVE ENJOYED FOR
NEARLY 50 YEARS TO GOVERN THEMSELVES UNDER MUNICIPAL HOME
RULE POWERS; OPPOSING THE LEGISLATURE'S PERSISTENT INTRUSON
INTO LOCAL FINANCES, WHICH ARE NECESSARY TO PROVIDE FINANCIAL
STABILITY AND ESSENTIAL SERVICES UNIQUELY REQUIRED BY
MUNICIPAL RESIDENTS AND LOCAL BUSINESSES; DIRECTING TOWN
ADMINISTRATION TO TRANSMIT A CERTIFIED COPY OF THIS REOLUTION
TO THE FLORIDA LEAGUE OF CITIES, THE PALM BEACH COUNTY
LEGISLATIVE DELEGATION AND ANY OTHER INTERESTED PARTIES;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, it is the expressed will of the voters of Florida to
have the right to govern themselves under municipal Home Rule
powers; and
WHEREAS, Floridians have possessed this constitutional right
of local self-government for nearly 50 years; and
WHEREAS, as the only form of voluntary government, Florida's
municipalities are the embodiment of the Florida
Constitution's right of local self-government; and
WHEREAS, municipal Home Rule powers include all governmental,
corporate and proprietary powers necessary to conduct
municipal government, perform municipal functions and render
municipal services for the unique benefit of the people who
live and work within a municipality; and
WHEREAS, Floridians exercise their Home Rule powers by voting
to incorporate and be governed under a municipal form of
government for a variety of reasons, including increased
services, a unique business and residential environment, and
greater voice in how their government is run; and
WHEREAS, municipal citizens further exercise their Home Rule
powers by voting on a charter that specifies the desired form,
functions and powers of their municipal government; and
WHEREAS, Floridians' constitutional right to govern
themselves locally, under municipal Home Rule powers and
pursuant to their adopted municipal charters, is being
increasingly eroded and limited by actions of the Florida
Legislature; and
WHEREAS, these actions of the Florida Legislature take power
away from Florida citizens to ensure their chosen municipal
government provides their desired level of services, offers
their desired quality of life and otherwise meets their needs
in a timely and effective manner; and
WHEREAS, municipalities are authorized by the Florida
Constitution and by general law to levy ad valorem and other
forms of local taxation, and are further authorized by general
law and their Home Rule powers to impose special assessments
and fees; and
WHEREAS, municipal residents and local businesses pay local
taxes, assessments and fees for the specific purpose of
obtaining and enhancing their desired level of municipal
services and amenities; and
WHEREAS, intrusion from the Florida Legislature into
municipal finances prohibits elected municipal leaders from
meeting the expectations of their residents and local
businesses that local revenues will be used as intended; and
WHEREAS, the Florida League of Cities has included the
protection of local self-government under municipal Home Rule
powers as one of its 2018 Legislative Priorities; and
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, FLORIDA, THAT:
Section 1. The above "WHEREAS" clauses are hereby ratified
and confirmed as being true and correct and are incorporated
herein by this reference.
Section 2. The Town Commission of the Town of Gulf Stream
urges all members of the Florida Legislature to oppose
legislation that limits Floridians' constitutional right to
govern themselves under municipal Home Rule Powers.
Section 3. The Town Commission of the Town of Gulf Stream
urges all members of the Florida Legislature to oppose
legislation that would interfere with or intrude into
municipal finances.
Section 4. The Town Administration is directed to transmit
a certified copy of this Resolution to the Florida League of
Cities, the Palm Beach County Legislative Delegation and any
other interested parties.
Section 5. All Resolutions or parts of Resolutions in
conflict herewith, be and the same are repealed to the extent
of such conflict.
Section 6. If any section, sentence, clause or phrase of
this Resolution is held to be invalid or unconstitutional by
any court of competent jurisdiction, then said holding shall
in no way affect the validity of the remaining portions of
this Resolution.
Section 7. This Resolution shall become effective
immediately upon its passage and adoption.
PASSED AND ADOPTED BY THE TOWN OF GULF STREAM, FLORIDA
THIS 12th day of JANUARY, 2018.
TOWN OF GULF STREAM, FLORIDA
MAYOR COMMISSIONER
COMMISSIONER
COMMISSIONER
COMMISSIONER
ATTEST:
TOWN CLERK
Local Self -Government
Priority Statement:
The Florida League of Cities seeks to strengthen and protect the fundamental concept of local self-
government, and will OPPOSE legislative efforts to impede the constitutional right Floridians have
enjoyed for nearly 50 years to govern themselves under municipal Home Rule powers. Additionally,
the Florida League of Cities OPPOSES the Legislature's persistent intrusion into local finances, which
are necessary to provide financial stability and essential services uniquely required by municipal
residents and local businesses.
Background:
In Florida, local self-government is not a gift of the state Legislature... it is the expressed will of the
people. It was added to the Florida Constitution nearly 50 years ago by a statewide vote of the
electorate. Floridians voted to empower themselves with the right of local self-government, or Home
Rule. As the only forth of voluntary government, Florida's municipalities are the embodiment of this
right.
A city is created by its citizens for a variety of reasons, including increased services, a desirable business
or residential environment, and more voice in how their government is run. Florida law specifies the
standards for the formation of a municipality. The mull -step process is not an easy one, and it should
not be. The process takes commitment, tenacity and hard work of residents who volunteer their time
for the cause. Local citizens take the first step by having a feasibility study to determine if the
community should incorporate, and they develop a charter that specifies the form, functions and
power of their proposed city government. These steps can take a year or more to complete.
Next, the proposal is presented to the Legislature for a review of whether it meets statutory
requirements for incorporation. Following a successful review, the proposed charter is adopted by a
special act of the Legislature. The final step must be taken by local citizens: approval of the
incorporation and charter by voters in a local referendum.
Home Rule authorizes the governmental, corporate and proprietary powers necessary to conduct
municipal government, perform municipal functions, and render municipal services. At its core, Home
Rule is demonstrated by the level of services provided within a municipality and, to a much lesser
extent, by exercises of regulatory power.
Citizens in cities expect various municipal services: water, sewer, garbage collection, storm water
systems, roads, sidewalks, fire protection, law enforcement, parks and recreation. Citizens also expect
municipal officials to exercise regulatory powers when necessary to protect public health, safety and
community standards specific to the municipality in which they choose to live. These expectations
cannot be met if municipal officials do not have the authority to respond to local needs and
preferences, or to address them in a timely manner.
Contact: David Cruz, Assistant General Counsel — 850-701-3676 — dcruz@flcities.com
Municipalities are authorized by the Florida Constitution to levy ad valorem taxes, and are further
authorized by statute to levy other forms of local taxation. In addition, municipalities are authorized
under their constitutional Home Rule powers to impose special assessments and fees for municipal
services. Municipal citizens pay local taxes, assessments and fees for the specific purpose of obtaining
and enhancing municipal services and amenities. Citizens expect their elected city leaders to use these
local revenue proceeds for local municipal purposes, and not for state purposes (that should be paid
for with state taxes).
Home Rule is why no two cities are alike. City residents take pride in this diversity. Strong Home Rule
powers ensure that government stays close to the people it serves. Intrusion on Home Rule from the
state or federal government undermines the constitutional right of citizens to govern themselves.
Intrusion from the state or federal government into local finances prohibits elected city leaders from
meeting the expectations of their citizens that local revenues will be used as intended by the citizens.
Status:
CS/HB 17 (Fine) and SB 1158 (Passidomo), introduced in the 2017 legislative session, would have
effectively preempted to the state the authority of municipal governments to impose local
requirements on businesses, professions, commerce and trade. While the bills differed in approach,
their ultimate effect was the same. In short, the right of local citizens to govern themselves through
the exercise of municipal Home Rule powers would have been severely restricted. The bills
eviscerated principles of local self-government by transferring local decision-making to the state
Legislature. CS/HB 17 passed the House Careers & Competition Subcommittee but ultimately died
in the House Commerce Committee. SB 1158 died in the Senate Commerce and Tourism Committee.
In addition to CS/HB 17 and SB 1158, numerous proposals to restrict local self-government were
introduced in the 2017 legislative session. Examples of 2017 proposals include, but are not limited
to, the following issues: Building and Land Use; Small -Cell Wireless; Community Redevelopment
Agencies; Vacation Rentals; Municipal Elections, Medical Marijuana; Concealed Weapons and
Firearms; Firefighter Cancer Disability Presumption; Local Business Taxes; Fiscal Transparency; Ad
Valorem Taxes; Stormwater and Wastewater Management; Traffic Infraction Detectors; and Drones.
These proposals involved either preemptions of municipal powers or intrusion into municipal
finances, and sometimes both.
The League anticipates that legislative efforts to divest citizens of their powers of local self-
government and transfer control over local decisions to the state Legislature will continue in the 2018
legislative session.
Revised: 11/27/2017
Contact: David Cruz, Deputy General Counsel — 850-701-3676 — dcruz@flcities.com