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HomeMy Public PortalAbout02/10/2012February 3, 2012 MAYOR: William F. Koch, Jr. VICE MAYOR: Joan K. Orthwein COMMISSIONER: Muriel J. Anderson Fred B. Devitt III W. Garrett Dering REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, FEBRUARY 10, 2012 AT 9:00 A.M. IN THE 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 of the Regular Meeting of January 13, 2012. V. Additions, withdrawals, deferrals, arrangement of agenda items. Vi. Announcements. A. Regular Meetings and Public Hearings 1. March 16, 2012 @ 11 A.M. 2. March 16, 2012 @ Noon (Election Result Certification) 3. April 13, 2012 @ 9 A.M. 4. May 11, 2012 @ 9 A.M. 5. June 15, 2012 @ 9 A.M. 6. July 13, 2012 @ 9 A.M. 7. August 10, 2012 @ 9 A.M. B. Municipal Election -March 13, 2012 -7 A.M. to 7 P.M. VII. PUBLIC HEARING. A. Applications for Development Approval 1. An application submitted by Mark Marsh, Bridges Marsh & Associates, as Agent for Mr. & Mrs. Curtiss Roach, the owners of property located at 3560 Gulf Stream Road, Gulf Stream, Florida, 33483, which is legally described as Lot 3, Block 2, Polo Fields. a. SPECIAL EXCEPTIONS to permit two, one -story additions to the existing one -story Gulf Stream Bermuda style single family dwelling, each of which would encroach 2.3 feet into the north side setback, and also to permit a single story addition to the same dwelling that would encroach 2.8 feet into the south side setback. b. LEVEL 3 ARCHITECTURAL SITE PLAN REVIEW to permit the construction of three one -story additions, 809 square feet, to the existing one -story Gulf Stream Bermuda style single family dwelling with two of the additions encroaching 2.3 feet into the north side setback and one addition encroaching 2.8 feet into the south side setback, and to permit the reconfiguration of the driveway. VIII. Reports. A. Town Manager 1. Place Au Soleil Entrance Update 2. Overhead Utility Undergrounding Update B. Architectural Review & Planning Board 1. Meeting Dates a. February 23, 2012 @ 8:30 A.M. b. March 22, 2012 @ 8:30 A.M. c. April 26, 2012 @ 8:30 A.M. d. May 24, 2012 @ 8:30 A.M. e. June 28, 2012 @ 8:30 A.M. f. July 26, 2012 @ 8:30 A.M. AGENDA CONTINUED C. Finance Director 1. Cash & Budget Report for January 2012 2. Water Usage as of January 31, 2012 D. Police Chief 1. Activity for January 2012 IX. Items for Commission Action. A. Ordinances 1. ORDINANCE NO. 11/7; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, FOCUSING ON EXCESSIVE NUTRIENT LEVELS IN PALM BEACH COUNTY WATER BODIES; PROVIDING FOR TITLE; PROVIDING FOR DEFINITIONS; PROVIDING FOR FINDINGS; PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR APPLICABILITY; PROVIDING FOR TIMING OF FERTILIZER APPLICATIONS; PROVIDING FOR FERTILIZER FREE ZONES; PROVIDING FOR FERTILIZER CONTENT AND APPLICATION RATES; PROVIDING FOR FERTILIZER APPLICATION PRACTICES;PROVIDING FOR MANAGEMENT OF GRASS CLIPPINGS AND VEGETATIVE MATTER; PROVIDING FOR EXEMPTIONS; PROVIDING FOR TRAINING; PROVIDINGFOR LICENSING OF COMMERCIAL APPLICATORS; PROVIDING FOR ENFORCEMENT; PROVIDING FOR PENALTIES; PROVIDING FOR APPEAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR ENFORCEMENT; PROVIDING FOR CAPTIONS; AND PROVIDING FOR AN EFFECTIVE DATE.(2n, reading & adoption) B. Resolutions 1. RESOLUTION NO. 12 -1; A RESOLUTION OF THE TOWN OF GULF STREAM, FLORIDA ELECTING TO USE THE UNIFORM METHOD OF COLLECTING NON -AD VALOREM SPECIAL ASSESSMENTS LEVIED WITHIN THE INCORPORATED AREA OF THE TOWN AS DESCRIBED HEREIN; STATING A NEED FOR SUCH LEVY; PROVIDING FOR THE MAILING OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. 2. RESOLUTION NO. 12 -2; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AUTHORIZING A $15.00 PER MONTH ADDITIONAL CHARGE ON ALL WATER BILLS ISSUED BY THE TOWN, SAID CHARGE TO BE ENTITLED "RESERVES", TO BE USED FOR INFRASTRUCTURE REPAIRS, REPLACEMENTS AND IMPROVEMENTS RELATING TO THE WATER SYSTEM LOCATED WITHIN THE TOWN OF GULF STREAM; REQUIRING THAT THE TOWN MAINTAIN A SEPARATE ACCOUNT FOR THESE FUNDS WHICH SHALL BE LIMITED TO THE PURPOSES STATED HEREIN; PROVIDING FOR AN EFFECTIVE DATE. C. Reimbursement to Florida Div. of Emergency Management (FEMA) D. Items by Mayor & Commissioners X. Public. XI. 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. F.S.S. 286.0105 MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, FEBRUARY 10, 2012 AT 9:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order. Mayor Koch called the meeting to order at 9:00 A.M. OII. Pledge of Allegiance. The Pledge of Allegiance was led by Mayor Kju-h . III. Roll Call. Present and Participating Also Present and Participating William F. Koch, Jr. Joan K. Orthwein Muriel J. Anderson Fred B. Devitt, III W. Garrett Daring William H. Thrasher Rita L. Taylor Garrett J. Ward John Randolph Mark Marsh of Bridges, & Associates Robert W. Ganger Earl Harvel Mayor Vice -Mayor Commissioner Commissioner Commissioner Town Manager Town Clerk Police Chief Town Attorney Rep. Roach 1443 N. Ocean Blvd. Harvel Utility Constr. IV. Minutes of the Regular Meeting of January 13, 2012. Commissioner Daring noted an error in the Minutes regarding a question he asked Mr. Thrasher at the January 13, 2012 Regular Meeting. He said the error is on page 7, line 6 from the bottom of the page, which incorrectly reads "... budget if it is not on an accrual or cash basis." Commissioner Dering stated that it should read "... budget if it is not on an accrual basis rather than a cash basis." The Minutes of the Regular Meeting of January 13, 2012 will be amended as corrected. Vice -Mayor Orthwein moved and Commissioner Anderson seconded to approve the Minutes of the Regular Meeting of January 13, 2012 as amended. There was no discussion. All voted AYE. Commissioner Daring asked Clerk Taylor if the Minutes could be distributed to the Commissioners for review and comment prior to distribution of the Commission Packets. Clerk Taylor said it is O sometimes difficult to have the Minutes prepared in time for regular distribution. Commissioner Daring withdrew the question. V. Additions, withdrawals, deferrals, arrangement of agenda items. Clerk Taylor announced that Item VIII.C.2., Water Usage as of January 31, 2012, was not available and will be withdrawn from the Agenda. Clerk Taylor stated that Item IX.E., Interlocal Agreement with Boynton Beach, which is a renewal of the water interconnect, will be added to the Agenda. VI. Announcements. A. Regular Meetings and Public Hearings N Regular Meeting & Public Hearing Town Commission - February 10, 2012 Page 2 1. March 16, 2012 @ 11 A.M. 2. March 16, 2012 @ Noon (Election Result Certification) 3. April 13, 2012 @ 9 A.M. 4. May 11, 2012 @ 9 A.M. 5. June 15, 2012 @ 9 A.M. 6. July 13, 2012 @ 9 A.M. 7. August 10, 2012 @ 9 A.M. There were no conflicts with the meeting schedule. B. Municipal Election -March 13, 2012 -7 A.M. to 7 P.M. There were no comments. VII. PUBLIC HEARING. Clerk Taylor requested declarations of ex -parte communication concerning this matter. There were no declarations of ex -parte communications. Commissioner Dering noted an error in the Minutes of the January 26, 2012 Regular Meeting and Public Hearing of the ARPB. He said on page 4, following Vice - Chairman Morgan's motion and Mr. Murphy's second to recommend approval of the Level III Architectural /Site Plan in the Roach Application, there was no indication of a vote. Clerk Taylor acknowledged that it was a unanimous vote in favor of approval and was deleted in error. The Minutes of the January 26, 2012 Regular Meeting and Public Hearing of the Architectural Review and Planning Board will be amended as corrected and distributed to the Board in their February 23, 2012 Meeting packets. A. Applications for Development Approval 1. An application submitted by Mark Marsh, Bridges Marsh & Associates, as Agent for Mr. & Mrs. Curtiss Roach, the owners of property located at 3560 Gulf Stream Road, Gulf Stream, Florida, 33483, which is legally described as Lot 3, Block 2, Polo Fields. a. SPECIAL EXCEPTIONS to permit two, one -story additions to the existing one -story Gulf Stream Bermuda style single family dwelling, each of which would encroach 2.3 feet into the north side setback, and also to permit a single story addition to the same dwelling that would encroach 2.8 feet into the south side setback. b. LEVEL 3 ARCHITECTURAL SITE PLAN REVIEW to permit the construction of three one -story additions, 809 square feet, to the existing one -story Gulf Stream Bermuda style single family dwelling with two of the additions encroaching 2.3 feet into the north side setback and one addition encroaching 2.6 feet into the south side setback, and to permit the reconfiguration of the driveway. Clerk Taylor administered the Oath to Mark Marsh and Earl Harvel. Mr. Marsh introduced himself for the record stating that he represents Mr. and Mrs. Curtiss Roach of 3560 Gulf Stream Road. Mr. Marsh described the existing home as a typical Gulf Stream Bermuda style built in the 1970s and, like most homes built at that time, it requires some modification to reflect current lifestyles. He said the current Regular Meeting & Public Hearing Town Commission - February 10, 2012 Page 3 setbacks of 12.3 and 12.5 were established when the house was built and the applicants are proposing additions to the structure that would encroach into those setbacks, which is why they are requesting the special exception. Mr. Marsh said they are proposing a garage addition on the east side, which would extend the existing non- conforming setback on the north side, along with an office /cabana /bath /extended breakfast o area addition on the northwest side and on the southwest side would be another addition for an office /sitting area off of the master bedroom. He said the request is to allow them to extend the non - conforming setbacks. Mr. Marsh said the applicants want to embellish the house in a simple, but elegant fashion. He said the house has interesting features, such as the arched front entry and a circular bay window, which are not consistent with the Gulf Stream Bermuda. Mr. Marsh pointed out the privacy wall in the front of the home saying they will reduce the wall height and introduce a winter porch area. He said, they will change some of the fenestration to casement to maintain consistency and they are hoping to match the existing roof to the added areas. Mr. Marsh said it may be necessary to do a total re -roof if they cannot match the existing roof tile to the new, in which case they will come back to the ARPB with a separate re -roof application for review and approval. Mr. Marsh explained that the existing driveway is a half -moon shape with two entrances off of Gulfstream Road and it is situated directly across from the Gulf Stream School parking lot. He said they propose to realign a new paver driveway, add landscaping across the front to create a buffer from the school parking lot and create a small pedestrian walkway in the front leading up to the driveway. Mr. Marsh said the house is on piles which will limit what they can do. He said they propose a slight extension of the pool deck and they will upgrade landscaping in that area. Mr. Marsh said they will maintain all existing hedges and supplement them with additional landscaping. He said there will be a heavy planted area of Areca Palms and a garden area with citrus and colorful plantings in the rear of the home. Commissioner Anderson asked Mr. Marsh if all of the neighbors are in agreement with these plans. Mr. Marsh confirmed that and, for the record, Clerk Taylor stated that some of the neighbors came to Town Hall recently to view the drawings and had no complaints or objections. Mr. O Thrasher asked Earl Harvel about the catch basin in the front of the home. Mr. Harvel said the catch basin was not an issue because they are moving further away from it. However, he stated that there is a mainline valve somewhere in the front of the home and he cautioned Mr. Marsh to be careful when reconfiguring the driveway. Commissioner Dering moved and Commissioner Devitt seconded to approve the Special Exception based on a finding that the proposed two one -story additions to the existing one -story Gulf Stream Bermuda style single family dwelling, each of which would encroach 2.3 feet in to the north side setback, and the single -story addition to the dwelling that would encroach 2.8 feet into the south side setback meet the minimum intent of Regular Meeting & Public Hearing Town Commission - February 10, 2012 Page 4 the Design Manual and applicable review standards. There was no discussion. All voted AYE. Commissioner Devitt moved and Vice -Mayor Orthwein seconded to approve the Level III Architecture /Site Plan based on a finding that the proposed construction of three one -story additions, 809 SF, to the O existing one -story Gulf Stream Bermuda style single family dwelling with two of the additions encroaching 2.3 feet into the north side setback and one addition encroaching 2.8 feet into the south side setback, and the reconfiguration of the driveway, all of which meet the minimum intent of the Design Manual and applicable review standards, with the following condition: The height of piers and their locations must comply with Code Section 70 -187, subsection 4. There was no discussion. All voted AYE. VIII. Reports. A. Town Manager 1. Place Au Soleil Entrance Update Mr. Thrasher said there were minor additions to the camera security system and the work is now complete. He said the Place Au Soleil Homeowners' Association is still receiving partial assessment checks fox this project from residents and, to date, has reimbursed the Town in the amount of $76,500, with a balance of approximately $20,000 remaining to be reimbursed to the Town. Commissioner Anderson commended Brian Dietrick, the Town's Maintenance Manager, for the suggestion to raise the Gulf Stream Flag under the United States Flag at the Place Au Soleil entrance. 2. Overhead Utility Undergrounding Update Mr. Thrasher said that binding construction estimates are now being sought by Comcast, BellSouth and FP &L, the three providers for this project, and they have assigned an engineer to work from our drawings to create binding construction estimates. He said we cannot proceed further until we get the estimates from the providers and he will update the Commissioner when the estimates are received. Vice -Mayor Orthwein asked about the timeline and Mr. Thrasher said it is difficult to pinpoint timing at this stage. Mayor Koch asked if the Town is subject to Inspector General (IG) fees for this project or will we be exempt since it was approved prior to the creation of the IG. Mr. Thrasher said the provider contracts may not be applicable; however, he said the construction contracts, when sent out for bid, will be covered under the IG and the Town will provide the required information. Vice - Mayor Orthwein asked how long the project could be postponed while waiting for estimates and Mr. Thrasher said it will not be indefinitely, but they have the responsibility of reviewing our drawings to come up with the estimate. He said the Town has been told several times now that it would be 30 days and he said the same thing happened with Jupiter Island and Jupiter Inlet Colony where it took six months to get estimates. Mayor Koch asked to have some answers by the next Commission Meeting and Mr. Thrasher said he would ask Danny Brannon to attend to answer some questions with respect to scheduling. He said Mr. Brannon Regular Meeting & Public Hearing Town Commission - February 10, 2012 Page 5 went beyond the engineering departments to put pressure on FP &L, BellSouth and Comcast to assign an engineer to the Town, which has been done, and the engineers are now engaged in the Town's specific project for cost estimates. Commissioner Dering asked about the timing for raising the additional $2 million dollars. Mr. Thrasher said it is postponed until the 2nd or 3rd quarter of 2012. He said the Town has enough money to get through the first phase, which is the south end of Town, and that construction has been estimated to take nine months. Commissioner Dering said his question is related to interest rates which will not stay where they are for long. Mr. Thrasher said that our Bond Counsel is keeping the Town posted on interest rates and he believes interest rates will be stable through the 2nd or 3rd quarter of 2012. Mr. Randolph said that our Bond Counsel estimates a closing around August of 2012. With respect to phone and cable lines, Mr. Robert Ganger, President of the Gulf Stream Civic Association, said that traditional copper wire will not bring us up to speed and he asked Mr. Thrasher what type of wire will be used in the piping to connect power to the home. Mr. Thrasher said we want the best we can get, but it has not yet been resolved and we have not yet paid for a construction estimate from BellSouth. He said BellSouth is not cooperative in that area and the answer we are getting is that it is not an option. Clerk Taylor said she spoke with Mr. Brannon a couple of days ago and he said he was finally able to set up a meeting with a high -level AT &T representative. Mr. Brannon said the representative told him they were not aware of the small difference in the cost and he said he was somewhat encouraged after that meeting. Mr. Ganger said the old wire is not acceptable and commented that AT &T is going out of the Land Line business. He said Gulf Stream residents are using communication systems, they want the best and would like to get wireless into their homes. B. Architectural Review & Planning Board 1. Meeting Dates a. February 23, 2012 @ 8:30 A.M. b. March 22, 2012 @ 8:30 A.M. c. April 26, 2012 @ 8:30 A.M. d. May 24, 2012 @ 8:30 A.M. e. June 28, 2012 @ 8:30 A.M. f. July 26, 2012 @ 8:30 A.M. n C. Finance Director 1. Cash & Budget Report for January 2012 Mr. Thrasher requested that the Cash & Budget Report for January 2012 be approved as accepted. Commissioner Dering asked about the $55,000 in contributions and donations. Mr. Thrasher said it is the reimbursement money he reported on earlier concerning the Place Au Soleil entrance project and he said we will be capitalizing the project. He said the Town was reimbursed $55,500 and recently received an additional $7,500. Commissioner Dering asked how much the Town originally advanced. Mr. Thrasher said the Town paid out approximately $96,000 on the project and the intent is to be totally reimbursed. Vice -Mayor Orthwein moved and Regular Meeting & Public Hearing Town Commission - February 10, 2012 Page 6 Commissioner Anderson seconded to approve the Cash & Budget Report for January 2012. There was no discussion. All voted AYE. Commissioner Dering said he recently met with Mr. Thrasher and Kelly Avery regarding a new 2 -page format for the financial statement. One page will include a balance sheet of all funds, both separate and then combined, showing operations on one sheet of paper, and the other page will be a balance sheet showing total cash. Commissioner Anderson asked if they will see the daily transactions. Commissioner Dering said they would not be provided unless you want to see them. Mr. Thrasher asked Commissioner Anderson if she was asking about the Check Report and Commissioner Anderson confirmed that. Mr. Dering said there will be detail of some expenses and if the Commission wants a Check Report it can be printed out, but basically the report will consist of two sheets of paper which will be a balance sheet of budgets, month and year to date, showing the budget on a monthly basis and where expenses are expected to fall. He said Mr. Thrasher believes the new format will be cumbersome, but it is not that hard to do. Mr. Thrasher said Kelly Avery has been with the Town for about 90 days and she has experience, she is doing a great job and she has been able to migrate to the current system, but he said if this is the direction the Commission would like us to go it will be done. He said he and Kelly are capable of doing the report in the manner in which it is being suggested; however, he said he would like to point out the additional work the Town has been required to take on by the Palm Beach County Health Department in the last 30 days. Mr. Thrasher said the workload is already stretched and now the Town is experiencing problems with NPDES (Clean Water Act), who is telling us what we will be doing and how. He said the Town has had to ask Delray Beach Engineering to modify their Standard Operating Procedures on our behalf and whenever something like this presents itself, it requires the entire staff, including Brian Dietrick, to be engaged in the project. Mr. Thrasher said Staff, including Maintenance, is cross - trained to do everything, and to complicate the accounting system, which he believes is better, but requires more work, would be counter - productive to that cross - training. He explained that when Gail Abbale was hired to do permitting and occupational licenses she was informed that she would be cross - trained to do some of the accounting as well and, because she had no prior accounting experience or training she was not happy about that. Mr. Thrasher said Gail is doing accounts payable and payroll, but will not be doing journal entries. Mr. Thrasher said Kelly does all of the journal entries because of the level of training. Mr. Thrasher said he is concerned, but he is not prepared to discuss the suggested format at this time; however, he said he can make his recommendations and assure the Commission that Staff will do whatever is requested to the best of their ability. Commissioner Dering said the report format should not take any more time than it does now because it is straight off of what is printed now, and he said once you have the format in place you can have the computer print it out. He suggested that the Commissioners focus on the format he distributed, study it and Regular Meeting & Public Hearing Town Commission - February 10, 2012 Page 7 make their comments and recommendations at the next meeting. Vice -Mayor Orthwein asked if the new format will eliminate the Financial Report. Commissioner Dering said it will not. He said you will get the two pages and if you want more we can give it to you. Operations shows all three funds, both separate and combined, on one sheet of paper, and Kelly can print out whatever detail you want to back up the information. /1 Commissioner Devitt asked if they could have both formats to compare and �J make a decision on preference. Mayor Koch requested both formats for the next meeting. Commissioner Dering suggested they first look at his proposed format to decide whether or not it would be useful. Mr. Thrasher said he is not concerned with the format. He said it is the accrual system that concerns him. He said if, for example, in May we do not receive a bill from FP &L, we are going to be accruing it so that we are consistent and so that we are matching revenues and expenditures to the particular month. Mr. Thrasher said we do not do that. He said he has been checking with other small communities to see if any of them do it and he has found no others. Mr. Thrasher said we do it at the end of the year so that from a yearly standpoint all of our revenues and our expenditures are matched to the yearly element. He said he is concerned with the accrual, booking the accrual, reversing the accrual, booking it again, reversing the accrual and every extra step is extra work. He asked the Commission, "in the past, have we made any errors with the financial reporting system we have, and would there be anything you would have done differently if we had a new system ?" Vice -Mayor Orthwein asked if it would create an extra step. Mr. Thrasher said it creates more than one extra step on certain line items and timing. He said, we are small and, instead of having a budget for every 12 months, trying to analyze revenues and ad valorem received in November, December and January, and insurances coming in every quarter and having to change that line item, we just do it on a yearly basis and alert the Commission when we see something out of the ordinary. Mr. Thrasher said, at the request of former Commissioner Wheeler, we provide the Commission with last year's financial statement in the same format as a comparative, which is also an indicator if something is out of line. He said he believes with that as a tool and with our observation we will be aware of a problem before it happens. Mayor Koch asked if it would be quicker to spot a problem with the proposed format. Mr. Thrasher said no, and he suggested asking Kelly Ofor her opinion. He said he does believe that in order to do this he would have had to hire someone other than Kelly, with different training and experience and at a higher pay rate. Commissioner Dering said it takes 10 to 15 minutes to do the accruals. D. Police Chief 1. Activity for January 2012 Chief Ward requested that the Activity Report for January 2012 be accepted as submitted. The Report was accepted. IX. Items for Commission Action. A. Ordinances Regular Meeting & Public Hearing Town Commission - February 10, 2012 Page 8 1. ORDINANCE NO. 11/7; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, FOCUSING ON EXCESSIVE NUTRIENT LEVELS IN PALM BEACH COUNTY WATER BODIES; PROVIDING FOR TITLE; PROVIDING FOR DEFINITIONS; PROVIDING FOR FINDINGS; PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR APPLICABILITY; PROVIDING FOR O TIMING OF FERTILIZER APPLICATIONS; PROVIDING FOR FERTILIZER FREE ZONES; PROVIDING FOR FERTILIZER CONTENT AND APPLICATION RATES; PROVIDING FOR FERTILIZER APPLICATION PRACTICES;PROVIDING FOR MANAGEMENT OF GRASS CLIPPINGS AND VEGETATIVE MATTER; PROVIDING FOR EXEMPTIONS; PROVIDING FOR TRAINING; PROVIDINGFOR LICENSING OF COMMERCIAL APPLICATORS; PROVIDING FOR ENFORCEMENT; PROVIDING FOR PENALTIES; PROVIDING FOR APPEAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR ENFORCEMENT; PROVIDING FOR CAPTIONS; AND PROVIDING FOR AN EFFECTIVE DATE.(2nd reading & adoption) Clerk Taylor read Ordinance No. 11/7 in title, stating that it was passed on lst reading on January 13, 2012 and is being presented for adoption on tad reading this 10th day of February, 2012. Commissioner Anderson moved and Vice -Mayor Orthwein seconded to approve the adoption of Ordinance No. 11/7 on 2nd reading this 10th day of February, 2012. There was no discussion. All voted AYE. Mr. Thrasher said this Ordinance is a result of NPDES (National Pollutants Discharge Elimination System) and they tell us what we are to do and how. Clerk Taylor said the Town is mandated to enforce this. Mayor Koch said there are many things that the Town is mandated to enforce and we have been doing a good job. Commissioner Dering suggested that if the Town must enforce this, golf courses and those that maintain lawns should be aware of the adoption of this Ordinance and what is expected of them. Vice -Mayor Orthwein suggested including this information in the Newsletter and Mr. Thrasher suggested providing the Ordinance to commercial landscapers. Clerk Taylor said as we issue new Occupational Registrations we can attach a Notice informing them of NPDES requirements and suggesting they look into it. Vice -Mayor Orthwein suggested passing the Notice on to golf courses and handing it out to lawn people. C B. Resolutions 1. RESOLUTION NO. 12 -1; A RESOLUTION OF THE TOWN OF GULF STREAM, FLORIDA ELECTING TO USE THE UNIFORM METHOD OF COLLECTING NON -AD VALOREM SPECIAL ASSESSMENTS LEVIED WITHIN THE INCORPORATED AREA OF THE TOWN AS DESCRIBED HEREIN; STATING A NEED FOR SUCH LEVY; PROVIDING FOR THE MAILING OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. Clerk Taylor read Resolution No. 12 -1 in title, stating that this Resolution requires only one reading and is presented for adoption this 10th day of February, 2012. Clerk Taylor said she has been told that this will be the final document required to get the assessments on the Regular Meeting & Public Hearing Town Commission - February 10, 2012 Page 9 2012 tax bills. She said the last advertisement appeared in the February 6th edition of the newspaper and she has all of the exhibits attached to the original Resolution. Commissioner Dering moved and Vice -Mayor Orthwein seconded to approve the adoption of Resolution No. 12 -1. There was no discussion. All voted AYE. 2. RESOLUTION NO. 12 -2; A RESOLUTION OF THE TOWN COMMISSION O OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AUTHORIZING A $15.00 PER MONTH ADDITIONAL CHARGE ON ALL WATER BILLS ISSUED BY THE TOWN, SAID CHARGE TO BE ENTITLED "RESERVES", TO BE USED FOR INFRASTRUCTURE REPAIRS, REPLACEMENTS AND IMPROVEMENTS RELATING TO THE WATER SYSTEM LOCATED WITHIN THE TOWN OF GULF STREAM; REQUIRING THAT THE TOWN MAINTAIN A SEPARATE ACCOUNT FOR THESE FUNDS WHICH SHALL BE LIMITED TO THE PURPOSES STATED HEREIN; PROVIDING FOR AN EFFECTIVE DATE. Clerk Taylor said that this Resolution is a result of the motion made by the Commission at their last meeting. She read Resolution No. 12 -2 in title, stating that this Resolution is presented for adoption this 10th day of February, 2012. Commissioner Dering questioned Section 2 of the Resolution, wherein it says, "which funds shall not be comingled with other accounts of the Town" meaning there must be a separate account for these funds. He asked Mr. Thrasher if that is what he really wants to do, saying that it can be accounted for as a line item. Mr. Thrasher said he would like the funds to be separate. Commissioner Devitt agreed that the funds should be in a separate account to represent that this money is set aside and not being spent on other things. Mayor Koch said it has always been done that way. Mr. Thrasher said the Dredging Fund is in a CD, which was identified for a specific purpose and it has not been touched, but he said use of those funds can be provided by a simple motion. Commissioner Dering moved and Commissioner Devitt seconded to approve the adoption of Resolution No. 12 -2. There was no discussion. All voted AYE. C. Reimbursement to Florida Div. of Emergency Management (FEMA) Mr. Thrasher explained that FEMA has requested the Town reimburse them for Hurricane Wilma in the amount of $25,103.09, which is money they believe the Town should not have received. He recommended reimbursing FEMA from unappropriated funds and /or a combination of money in the paving and monument sign budget. Mr. Thrasher said he would take that money from the paving account if there are no emergencies requiring O paving in the Town. He said he outlined the three major areas they have cited. Mr. Thrasher said FEMA comes into Town in an emergency, they tell us one thing and five years later they do not agree. By that time we cannot find the FEMA people that were in the field who talked to us. He said it is money we did receive and now they say we did not qualify for the money and they want it back. This reimbursement request started at about $50,000 and Chief Ward and staff has been very helpful in arguing the matter to convince them otherwise and there will be no further reductions. Commissioner Devitt asked how much they gave the Town in total and Mr. Thrasher said it was about $200,000. He said, except for the forgiveness of the Water Fund, we have been putting money into reserves and, therefore, this can be considered a wash. Mr. Regular Meeting & Public Hearing Town Commission - February 10, 2012 Page 10 Thrasher said there is about $5,000 in the monument sign budget, a contractor has been engaged and we have been told by the Civic Association that they would assist the Town with the cost to save the out -of- pocket expense. Commissioner Dering asked if there is a contingency in the budget and Mr. Thrasher said there is not, but they have had contingencies in the past and have utilized them, but he said O budget and revenue conditions are such that we have not been able to do that. Clerk Taylor said the State Uniform Accounting System does not recognize contingency accounts. Commissioner Devitt made a motion to remit reimbursement to FEMA in the amount of $25,103.09 to be taken from the paving and monument fund. Mr. Thrasher said the motion should be amended to read, "from the paving and monument fund and, if necessary, from unappropriated funds." Commissioner Dering asked Mr. Thrasher if there is enough money in the paving and monument budget. Mr. Thrasher said there is now, but he has no way of knowing what will come up before the end of the year with regard to paving, which is why he said "if necessary." Commissioner Devitt amended his motion as follows: To remit reimbursement to FEMA in the amount of $25,103.09 to be taken from the paving and monument budget and, if necessary, from unappropriated funds. Vice -Mayor Orthwein seconded the motion. There was no further discussion. All voted AYE. D. Items by Mayor & Commissioners There were no items by the Mayor of the Commissioners. E. Interlocal Agreement with the City of Boynton Beach Clerk Taylor said this is a renewal of the two prior agreements with Boynton Beach concerning the emergency water interconnect. She said there is a meter at the interconnect valve and Boynton Beach would only charge a fee in the event of an emergency where it would be necessary for the Town to open the valve to allow the flow of water from Boynton Beach. Clerk Taylor said Mr. Randolph has not had an opportunity to review this agreement and, therefore, it would require a motion authorizing the Mayor to execute the Agreement following Mr. Randolph's review for legal sufficiency and approval. Commissioner Dering said the agreement contradicts itself and is badly written. He asked if it is the same as the previous agreement and asked who wrote it. Clerk Taylor said the agreement is the same and it was written by Boynton Beach. Mr. Randolph said Clerk Taylor has reviewed the agreement and penciled in the errors and he will carefully review the agreement, make recommended changes and have it executed by Mayor Koch upon approval. Mr. Thrasher said this agreement is in place strictly for emergency situations and Clerk Taylor said it is required by the Health Department. Commissioner Devitt moved and Vice -Mayor Orthwein seconded to authorize Mayor Koch to execute the Agreement subject to Mr. Randolph's review for legal sufficiency and approval. There was no discussion. All voted AYE. X. Public. Mr. Robert Ganger, President of the Gulf Stream Civic Association, said he cannot remember which Commission Meeting it was when the Commission said they would explore whether or not Code Enforcement would be necessary regarding White Fly. He said the Civic Association, Regular Meeting & Public Hearing Town Commission - February 10, 2012 Page 11 particularly Bob Burns, has done a lot of research and has found chemicals that work to control White Fly and are made here in Palm Beach County. Mr. Ganger said these chemicals can be purchased wholesale for residents that prefer to take care of their own problem rather than hiring someone. He said there are some residents who are doing nothing and the Civic Association would like to send out a notice to all O residents concerning the matter, keeping it as simple as possible. Mr. Ganger said the notice will inform residents that the Town will not impose enforcement or a particular technique on anyone, but there are things that can be done to resolve the problem, this is what can be done and give them a telephone number to call for additional information. Mr. Ganger said one of the key steps after spraying and using appropriate chemicals is to fertilize the plants and water them because they go into shock and need to recover. He said he has been told that Ficus will recover most of the time, but it must be removed if it does not. To avoid liability, Mr. Ganger said he does not want to tell people what to do, but rather suggest what they can do and let them make a decision. Commissioner Devitt asked Mr. Ganger what he thought about telling residents that the Town will require dead trees and vegetation to be removed and then replaced. Mr. Ganger said that would be the Town's decision. He said he would like to tell residents that there is a solution and if they choose to do nothing and end up with dead plants, the Town would be in a better position to require removal. Vice -Mayor Orthwein asked if Mr. Randolph was looking into this matter and Mr. Randolph said he can prepare an ordinance if that is what the Commission requests. Mr. Randolph said he did an ordinance for Palm Beach which just went into effect. He said it requires residents to treat the problem and if they do not treat and the plants die they will be required to remove and replace them. Commissioner Anderson said she was told that this could be a bad year for White Fly due to the warmer winter weather. Mr. Ganger said there are things out there that can kill white fly, but you must keep up with the treatment. He said he believes if residents know what they can do they will do it. Commissioner Dering asked Mr. Ganger if there was a downside to the Civic Association distributing a notice to residents. Mr. Ganger said it would be the cost of approximately $500.00 and he suggested an email blast instead. Commissioner Dering asked if the Police Department could put flyers in mailboxes and Clerk Taylor stated that it is illegal to insert anything in private mailboxes. Mr. Randolph said the Town of Palm Beach created a committee of experts who did research and they are informing people on their website of the risks and the need to treat. He asked Mr. Ganger if the Civic Association could do that. Mr. Ganger said he would like to send something first by email and then provide something similar to a newsletter to residents attending their annual meeting. He said he would appreciate assistance from the Town to offset any cost. Commissioner Dering said he would suggest sending a notice out to as many residents as possible. Vice -Mayor Orthwein asked Mr. Ganger if he is aware of any ficus hedges that have become a nuisance and may be dead by now. Mr. Ganger said Regular Meeting & Public Hearing Town Commission - February 10, 2012 Page 12 there are a few and suggested informing the Civic Association if you see someone having the problem and they will contact them to provide information. Vice -Mayor Orthwein said a Town Ordinance is in place and Clerk Taylor confirmed that the Town's Nuisance Ordinance would cover this and Code Enforcement would step in if the plant is actually dead. Commissioner Dering suggested that the Civic Association do the best O they can to get the information out there. Mr. Ganger said this is a legitimate project and there may be some people that will help out. XI. Adjournment. Commissioner Devitt moved and Commissioner Daring seconded to adjourn the Meeting. There was no discussion. The Meeting was adjourned at approximately 10:30 A.M. Gail C. Abbale' Administrative Assistant C�