HomeMy Public PortalAbout03/16/2012MAYOR: 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 OF GULF STREAM ON FRIDAY, MARCH 16, 2012
IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100
FLORIDA.
AGENDA
I. Call to Order.
II. Pledge of Allegiance.
III. Roll Call.
March 9, 2012
THE TOWN COMMISSION OF
AT 11:00 A.M.
SEA ROAD, GULF STREAM,
IV. Minutes of the Regular Meeting of February 10, 2012.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
Vi. Announcements.
A. Regular Meetings and Public Hearings
1. March 16, 2012 @ Noon (Election Result Certification)
2. April 13, 2012 @ 9 A.M.
3. May 11, 2012 @ 9 A.M.
4. June 15, 2012 @ 9 A.M.
5. July 13, 2012 @ 9 A.M.
6. August 10, 2012 @ 9 A.M.
B. Mayor's Proclamation -Water Conservation Month -April 2012
VII. Reports.
A. Audit - 9/30/11- Nowlen, Holt & Miner, P.A.
B. Town Manager
1. Undergrounding Update -Danny Brannon (Engineer)
C. Architectural Review & Planning Board
1. Meeting Dates
a. March 22, 2012 @ 8:30 A.M.
b. April 26, 2012 @ 8:30 A.M.
c. May 24, 2012 @ 8:30 A.M.
d. June 28, 2012 @ 8:30 A.M.
e. July 26, 2012 @ 8:30 A.M.
D. Finance Director
1. Cash & Budget Report for February 2012
2. Water Usage as of January 31, 2012
E. Police Chief
1. Activity for February 2012
VIII. Items for Commission Action.
A. Resolution Number 012 -03; A RESOLUTION OF THE TOWN COMMISSION
OF THE TOWN OF GULF STREAM, FLORIDA, AUTHORIZING A
CONSTRUCTION AGREEMENT WITH THE STATE OF FLORIDA, DEPARTMENT
OF TRANSPORTATION FOR CONSTRUCTION, INSTALLATION AND
MAINTENANACE OF SIGN IMPROVEMENTS WITHIN THE STATE RIGHT OF
WAY; DIRECTING THE APPROPRIATE TOWN OFFICIAL TO EXECUTE THE
AGREEMENT; PROVIDING FOR REPEAL OF ANY CONFLICTING
RESOLUTION; SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
B. Inspector General Funding Litigation
C. Request to extend sewer force main -G.S. Homeowner's Assoc.
D. Items by Mayor & Commissioners
AGENDA CONTINUED
IX. Public.
X. Adjournment.
!...J
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN
COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEET
ING, 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
� 7
MINUTES OF THE CERTIFICATION OF ELECTION RETURNS AND SEATING OF
COMMISSIONER HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON
FRIDAY, MARCH 16, 2012 AT NOON, IN THE COMMISSION CHAMBERS OF THE TOWN
HALL, 100 SEA ROAD, GULF STREAM, FLORIDA.
I. Call to Order. The meeting was called to order by Vice -Mayor
Orthwein at 12:10 P.M.
II. Roll Call.
Present and
Participating
Absent w /Notice
Also Present and
Participating
Joan K. Orthwein
Muriel J. Anderson
Fred B. Devitt, III
W. Garrett Dering
William F. Koch, Jr
John Randolph
William H. Thrasher
Rita L. Taylor
Garrett J. Ward
III. Certification of Election
Town Clerk Rita Taylor announced
who was appointed as interim Com
Commissioner and, therefore, she
election. Commissioner Anderson
to certify the election results.
AYE.
Vice -Mayor
Commissioner
Commissioner
Commissioner
Mayor
Town Attorney
Town Manager
Town Clerk
Police Chief
Results.
that one candidate, W. Garrett Daring
nissioner, qualified to run for Town
said it was not necessary to hold an
moved and Commissioner Devitt seconded
There was no discussion. All voted
IV. Seating of 1 Commissioner.
Commissioner Anderson moved and Commissioner Devitt seconded to seat W.
Garrett Dering as Town Commissioner. There was no discussion. All
voted AYE.
V. Swearing in of the Commissioner. Town Clerk, Rita Taylor,
administered the Oath to Commissioner W. Garrett Dering. Clerk Taylor
announced that Commissioner Dering will complete a two -year term.
VI. journment. The meeting was adjourned at 12:15 P.M.
Administrative Assista
MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN
COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, MARCH 16, 2012 AT 11:00
A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF
STREAM, FLORIDA.
I. Call to Order. Vice -Mayor Orthwein called the Meeting to order
at 11:00 A.M.
0 II. Pledge of Allegiance. The Pledge of Allegiance was led by Vice -
Mayor Orthwein.
III. Roll Call.
Present and
Participating
Absent w /Notice
Also Present and
Participating
Joan K. Orthwein
Muriel J. Anderson
Fred B. Devitt, III
W. Garrett Dering
William F. Koch, Jr.
John Randolph
William H. Thrasher
Rita L. Taylor
Garrett J. Ward
Ron Bennett, CPA
Nolen, Holt & Miner
Joe Pike, Engineer
EnviroDesign
Kevin Bauer, Manager
Gulf Stream Gulf Club
Danny Brannon, Brannon
& Gillespie
Robert W. Ganger
Earl Harvel
Vice -Mayor
Commissioner
Commissioner
Commissioner
Mayor
Town Attorney
Town Manager
Town Clerk
Police Chief
Town Accountant
Rep. Gulf Stream Golf
Club Sewer Ext
Town Consultant,
Undergrounding
1443 N. Ocean Blvd.
Harvel Utility Constr.
IV. Minutes of the Regular Meeting of February 10, 2012.
Commissioner Dering moved and Commissioner Anderson seconded to approve
the Minutes of the Regular Meeting of February 10, 2012. There was no
discussion. All voted AYE.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
Mr. Thrasher announced that Item VIII.C., Request to extend sewer force
main, will be heard following Item VI.B. There were no objections.
0 VI
Announcements.
M
There were
B.
Regular Meetings and Public Hearings
1. March 16, 2012 @ Noon (Election Result Certification)
2. April 13, 2012 @ 9 A.M.
3. May 11, 2012 @ 9 A.M.
4. June 15, 2012 @ 9 A.M.
5. July 13, 2012 @ 9 A.M.
6. August 10, 2012 @ 9 A.M.
no conflicts with the Meeting Schedule.
Mayor's Proclamation -Water Conservation Month -April 2012
Regular Meeting and Public Hearing
Town Commission - Friday, March 16, 2012 Page 2
Clerk Taylor announced that Mayor Koch is proclaiming the Month of
April, 2012 as Water Conservation Month. She said the Mayor has
executed the Proclamation and no action is required.
VIII. C. Request to extend sewer force main - G.S. HOA
Joe Pike of EnviroDesign Associates was present representing Gulf Steam
OGolf Club (GSGC) in this matter. Mr. Pike said GSGC has had a number of
septic systems fail over the years and they would like to connect to the
public sewer system. He said this project has been in the works for
several years, he has been involved for the past three years and GSGC
will be compelled by the Palm Beach County Health Department to make the
connection in the near future. Mr. Pike's research was to the south to
Delray, to the north to Boynton Beach and to the Gulf Stream HOA's
system, which is just to the north of GSGC. He said they will extend a
force main from the north side of the Club's property, under Golfview
Drive and go about 1300 feet along the east side of Gulf Stream Rd. in
the Town's right -of -way to where the Gulf Stream HOA's system cuts off.
Mr. Pike said that extending the force main would also serve residents
on Gulf Stream Road that may be interested in connecting in the future.
He said Perry O'Neal of the Gulf Stream HOA supports the connection,
they now have the support of Boynton Beach, which they did not have one
year ago because Boynton Beach was reserving capacity for the Briny
Breezes failure, and he said they are now seeking support from the Town.
Mr. Thrasher clarified that GSGC is seeking permission from the Town to
place the force main extension in the Town's right -of -way. Vice -Mayor
Orthwein asked if all maintenance issues, such as generator operation,
are in line for the HOA's sewer system. Mr. Thrasher said they appear
to have everything in working order. Commissioner Devitt asked if they
were extending the force main down Gulf Stream Rd. to also make it
available to residents in that area. Mr. Pike explained that the line
along Polo is a 2 -inch line and they will be extending a 3 -inch line
along Gulf Stream Rd., which will be large enough to accommodate the
Club and the residents, and he said it will complete the south end of
the system. He said it would be about 3 feet off the edge of the
pavement on the east side of the road and it will be directionally
drilled under the road.
Vice -Mayor Orthwein asked when the connection will take place and Mr.
Pike said, if funding is in place, they were hoping they could start as
early as this summer. Kevin Bauer, Manager of the GSGC stated that, as
Phase I of the project, they would like to get the line in on Gulf
Stream Rd. this summer and then complete the remainder of the project as
they are able to do so. Mr. Pike said it would be ideal to work in
conjunction with the undergrounding construction. Danny Brannon, the
Town's undergrounding consultant, stated that they would definitely want
to coordinate due to the limited right -of -way.
Earl Harvel of Harvel Utility Construction said that there is plenty of
room in the right -of -way at this point, but in anticipation of the
Town's need for water line replacement along AlA, provisions have been
made to extend that north along the east side of Gulf Stream Road. He
Regular Meeting and Public Hearing
Town Commission - Friday, March 16, 2012
Page 3
said coordination of these projects is definitely necessary because the
force main is already past Lakeview Drive to the south by 200 feet and
the gas company is in the same area, and he said the right -of -way can
get very busy. Mr. Pike said the idea is the same alignment that they
have further north and they would just extend that alignment on the east
side of the road.
Vice -Mayor Orthwein asked when the Golf Club's septic system will be
obsolete. Mr. Pike said they have about six years, but he said there
are several milestones to meet such as design and approvals and they
would like to make the connection now while they have the support of
Boynton Beach. Commissioner Devitt asked if this extension could prompt
the condominiums to look into connecting. He said the Health Department
may take the position that if it is available residents will be required
to connect. Commissioner Dering asked if the condominiums would be
allowed to connect. Mr. Pike said the extension would be on the Golf
Course property and there would be nothing to compel condominiums or
residents to tie in, and he said because it is private and not a public
system, it has been voluntary to date. He said three years ago they
wanted everyone along the path to connect and there was no interest at
that time.
Mr. Pike said they would be willing to talk to people and there would be
the question of capacity, but he said at this point they would like to
get the project going. Perry O'Neal of the Gulf Stream Homeowners'
Association said they would have to do the calculations to determine if
there is the capacity, but he said he presented this to the condominiums
several years ago and they were not interested because they all have
their own systems. He said the GSGC did not want to connect several
years ago either, but things have changed. Mr. Pike said they are
looking for the Town's support just for the section in the right -of -way,
and he said they may be open to discussion if approached by the
condominiums if the extension did not have to go on the Golf Course
property, but rather out onto AlA so others could connect.
Commissioner Dering said he has no background on this matter and thought
this should be looked at as a broader issue. Mr. Thrasher said between
three and five years ago the Town did a feasibility study, and he said
they came up with five sections and prices. He said the last direction
he received from the Commission was that if he could not find grant
Omoney they did not want to address it again. Mr. Thrasher said they
applied for Federal grant money and for a grant from SFWMD, there were
Senate and House sponsors and no grant funding was received. He said
the Town incorporated their thoughts and processes with GSGC and their
determination was that they did not want to participate. Mr. Thrasher
said the Town hired an engineer to do the feasibility study and the
concept is still there, but he said the difference will be the price.
Chairman Ganger said the Town held a straw vote and residents voted
against a sanitary sewer system by a significant majority. He said the
subject was on the docket for decades, it was presented to the public
and they voted against it. Commissioner Dering said he is not against
Regular Meeting and Public Hearing
Town Commission - Friday, March 16, 2012
Page 4
it, but he said it makes no sense for everyone to be doing their own
thing. Vice -Mayor Orthwein said before pumps were installed the north
end of Gulf Stream was always flooding and she said residents have
greatly benefited from their connection to the sewer system. Mr.
Thrasher said the Town has no maintenance or financial responsibilities
because the system is entirely owned by the Gulf Stream Homeowners'
OAssociation. He said the Town does observe and give input on the
maintenance of the system because if the system fails and it floods the
streets it immediately becomes the Town's responsibility. Mr. Thrasher
said he will provide a copy of the previous feasibility study to anyone
interested.
Mr. Pike said they just did an extension of about 300 feet in this same
location which is what they will be connecting to, and he said it will
leave the door open for anything that takes place in the future. Mr.
Thrasher said the question of capacity is not with the HOA or with the
Town, but rather with Boynton Beach. Mr. Pike said the capacity does
come from the Boynton Beach plant, but he said there are limitations on
the pumping facilities in Town, such as with the mains and the size of
the lines and, therefore, it is also a question for the HOA. Mr.
Thrasher said, even though the extension at the corner of Golfview and
AlA is on private property, there are Australian Pines located in that
area. He said a condition of approval would include language to protect
the Australian Pines, there would also be a condition of coordination
with the Town and general concept and coordination with the appropriate
parties, and a permit would be required. Mr. Thrasher stated for the
record that, to date, the Town has not received the electronic files of
the last extension. He said the Town would like those electronic files
prior to proceeding further. In addition, he said the Town will require
a commitment that they will be provided with the electronic files and
the as- builts for everything else moving forward. Mr. Thrasher said
Staff could administer the permit based on these conditions which the
Commission will place on the approval.
Commissioner Devitt asked if there is any reason why this request would
not be approved. Mr. Thrasher said there is no reason as long as the
coordination works. Commissioner Devitt asked if there was a chance the
Health Department would force residents to connect if the extension went
down Gulf Stream Rd. Mr. Thrasher said the Town regularly signs off on
whether there is a nearby public or private sewer system. Mr. Harvel
said it would be mandated if it was a publicly -owned system, but he said
if it is private system, homeowners have the option of repairing their
septic or connecting to sewer. Mr. Pike said it is voluntary for a
private system, but he said with a publicly -owned system, and regardless
of whether or not the septic is failing, homeowners are subject to
connection. He said GSGC is viewed as a commercial facility, it is
directly on the ocean and the old septic system is in a dune. He asked
Mr. O'Neal if he is aware of the Health Department forcing residents to
connect if their septic system fails. Mr. O'Neal said that has not
happened in Gulf Stream. Vice -Mayor Orthwein they probably would not
force it, but she said that new septic regulations make it impossible to
maintain the same footprint. Mr. Pike said the expense of repairing old
Regular Meeting and Public Hearing
Town Commission - Friday, March 16, 2012
systems compared to connecting to the
Commissioner Dering asked Mr. Pike if
will be allowed to connect. Mr. Pike
already allotted for the homes within
is a question of capacity when you ar,
residences connecting and he said the
Page 5
sewer system is probably a wash.
homeowners along Gulf Stream Rd.
confirmed that and said they have
that service area. He said there
talking about multi - family
limitation would be on the pump
O stations, which may require resizing to accommodate them. Vice -Mayor
Orthwein asked if the pipe they are proposing is big enough to handle
multi - family residences. He said the limitation would not be on this
side, but it would be further down the road in their existing system.
Commissioner Dering suggested this matter be deferred to next month's
meeting and asked Staff to prepare a written motion covering conditions
of approval. Mr. Bauer said the pipe on AlA will be on private
property, and he said they did not consider the condominiums connecting.
He said they have a consent order and six years to do something about
it, previously they did not have the support of Boynton Beach, and he
said now they do and they would like to do this while they the window to
get commitments from Boynton Beach. Commissioner Dering suggested that
GSGC enter into an agreement to allow others to connect into the
extension. Commissioner Devitt said his concern is if the Health
Department will force homeowners to connect if it is available. Mr.
Pike clarified that the only permission they are requesting is for that
section on public land which is Gulf Stream Rd. He said the line down
Polo is only a 2 -inch line. Commissioner Devitt asked what the
connection cost would be for a resident and Mr. Pike said it would be
$9,500.00.
Mr. Harvel said the last house connected was on Gulf Stream Rd. just
south of Lakeview and he said it was an emergency connection and it was
the resident's desire to connect to HOA system as opposed to meeting
regulations set by Health Department. He said there is no way to
foresee whether or not the Health Department will compel a resident to
connect to the sewer. Mr. O'Neal said if a homeowner on Gulf Stream Rd.
had a septic system failure, the Health Department may force them to
connect because the line is in front of them. Mr. Harvel said at the
present time the HOA and GSGC are looking for a conceptual approval to
proceed. Commissioner Dering asked if GSGC will allow homeowners on
Gulf Stream Rd. to connect to their private line. Mr. Pike said this
will give homeowners that choice and it will complete the system.
OVice -Mayor Orthwein asked Mr. Pike if they would coordinate with the
undergrounding project and Mr. Pike said they would if the timing does
not hold them up. Robert Ganger pointed out that Boynton Beach had no
interest five years ago and now they do, and he said the possibility of
something happening in Briny Breezes, for example, could change that.
He said residents on Gulf Stream Rd. should attend the next meeting.
Commissioner Devitt said the presentation should come from the HOA
requesting the extension to the end of Gulf Stream Rd., and he said he
thinks those homeowners should be notified that there will be a
presentation concerning this matter at the next Commission Meeting. He
said he is strongly concerned that the Health Department could inform
Regular Meeting and Public Hearing
Town Commission - Friday, March 16, 2012
Page 6
these homeowners that sewer is now available and they will be required
to connect. Vice -Mayor Orthwein said she only sees this as a positive
thing. She said the HOA bills residents once a year for the lift
station service, there is a lift station at the end of every street.
Mr. Pike agreed and he said until now there has been nothing to compel
homeowners to connect, but it gives them a choice. He said there is a
cost to remove a septic tank, but the cost of a new septic system is
O
from $15,000 to $20,000 which is much more than the $9,500 connection
cost. Mr. Thrasher said this is a bigger issue than in the past and he
agreed that it should be deferred for 30 days. Vice -Mayor Orthwein said
that GSGC should put this funding in their budget, but she said she
agrees that the Commission have 30 days to look at this. Commissioner
Anderson agreed and said she would like to be sure that the condition
concerning the Australian Pines be included in the approval process.
Clerk Taylor said the next Commission Meeting is scheduled for April
13 to
Commissioner Dering requested that Staff prepare a written motion to
include all conditions for approval. Commissioner Devitt said he is not
against this project and that he will probably vote in favor. He
requested that the Town send notification to those abutting homeowners
who could be affected by this project informing them that an application
has been submitted to extend the sewer line and about the hearing at the
next Commission Meeting. Mr. Thrasher said it is a bigger issue now
because several people will be affected by this decision.
In closing, Mr. Pike said this system was designed and blessed by the
Town several years ago and they always contemplated servicing the area
along Gulf Stream Rd. He said he does not have a problem with any of
the conditions for approval and he said they are only asking to extend
the system for the GSGC connection. Commissioner Devitt moved and
Commissioner Anderson seconded the motion to defer this matter to the
next Town Commission Meeting and in that interim period the Town
notifies the residents on both the East and West sides of Gulf Stream
Road about the proposed sewer extension. There was no discussion. All
voted AYE.
The meeting was recessed at 12:05 P.M. and reconvened at 12:15 P.M.
VII. Reports.
�) A. Audit - 9/30/11- Nowlen, Holt & Miner, P.A.
Ron Bennett of Nowlen, Holt and Miner, P.A., was present to report on
the Town's Audit for September 30, 2011. Mr. Bennett distributed a
handout of the audit highlights, he thanked Town Staff and Management
and congratulated them on a good job. He said the Commission made a
conscious decision to not have an OPEB study done, but he said other
than that the financial statements are concurrent with GAAP (Generally
Accepted Accounting Principles). Mr. Bennett said, other than the
special assessments, the numbers are almost identical to last year. He
referred to Governmental Revenues saying total Governmental Revenues
went up $2.846 million, there were $2.885 million in special assessments
O
O
Regular Meeting and Public Hearing
Town Commission - Friday, March 16, 2012
Page 7
and everything else went down about $39,000. Regarding Governmental
Expenditures, Mr. Bennett said $170,000 was spent on the undergrounding
project to cover up -front soft costs for studies, engineering and
consultant work on the assessment methodology, and he said other than
that the total Governmental Expenditures went up $216,000 and there was
a minor increase in other expenditures. Mr. Bennett said the unassigned
fund balance was 55.9% this year, which is only a few thousand dollars
difference from last year's unassigned fund balance of 56.7 %. Mr.
Bennett referred to the Proprietary Fund noting that the Operating
Income was $45,753 this year, which is down about $9,000 from last year,
and he said the Net Income was down about $5,900 from last year.
Mr. Thrasher complimented Kelly Avery who has been with the Town since
November, 2011. He said most of the schedule was prepared by Linda
Harvel, but he said the Auditors had many questions concerning almost
every schedule and Kelly was able to provide all of the information they
requested.
Vice -Mayor Orthwein asked for some direction from Mr. Bennett on the
different accounting reports Commissioner Dering has requested which
entail accruals. Mr. Bennett said all government funds are on modified
accrual, which should be called modified cash, and the difference is on
the revenue side where revenue is cash with a 60 -day lag. He said to be
recognized as revenue in a governmental fund it must be measurable and
available, availability means 60 days and if you do not collect it
within 60 days it is deferred revenue instead of revenue. He said on
the expenditure side, it is almost the same as accrual with the
exception of a few things such as long -term debt. Mr. Bennett said the
Town does not have long -term debt to date, but he said he believes it
will before the year is up. He said long -term debt is not recognized in
a governmental fund until it is due and payable.
Commissioner Dering explained that the financial report submitted to the
Commissioners includes a list of cash deposits and a list of checks
written for the month, and he said it does not tell him where the Town
stands. He said what he asked for was a 2 -page report that includes a
balance sheet and an income statement showing all of the funds, with
budget, month and year -to -date. Mr. Bennett said that would be an
internal policy and he is only involved with external reporting where
the Town falls under GAAP. Commissioner Devitt asked Mr. Bennett if
other municipalities provide that sort of internal reporting. Mr.
Bennett said they provide internal reporting, but he said he did not
know about the formatting. Mr. Thrasher asked Mr. Bennett if other
municipalities do full accrual reporting or cash reporting. Mr. Bennett
said it varies on size and complexity, but he said probably some of the
larger municipalities may be doing modified accrual. Commissioner
Dering suggested keeping it on a cash basis for now and we can talk
about accruals later, but he said he would like the report in a format
they can understand and compare to the budget.
B. Town Manager
1. Undergrounding Update -Danny Brannon (Engineer)
Regular Meeting and Public Hearing
Town Commission - Friday, March 16, 2012 Page 8
Danny Brannon of Brannon & Gillespie, was present to give a project
update and provided a handout. Mr. Brannon said the project is underway
in the design and construction phase and he said he will be attending
the Commission Meetings to keep everyone updated. He said approximately
$231,000.00 has been spent to date on this project. Mr. Brannon said
the feasibility study was done two years ago and then the Town was
O engaged in the assessment methodology and validation process to get
approvals to move forward.
Mr. Brannon said they are working in two phases and, at this point they
are in the middle of the plan design phase for the south half of the
project. Comcast is almost finished with their field work, AT &T has
assigned an engineer, but he said FP &L has not yet assigned an engineer
to this project. Mr. Brannon said the survey work in the north end of
Town will begin when the south end survey work is complete. He said
FP &L's delay in assigning an engineer could set the project behind two
to four months, but he said this is a statewide issue. Mr. Brannon said
the site surveyors are in the north end and when they receive the south
end design they can immediately move into the design in the north end.
Commissioner Dering asked Mr. Brannon to estimate when this project will
be complete. Mr. Brannon said most likely in around February or March
of 2014. Vice -Mayor Orthwein was concerned that the construction costs
will increase. Mr. Brannon said that, in the past, contractors have bid
tight to keep going, and he said there are contractors that have been
inquiring about the Town's project so it is still competitive.
C. Architectural Review & Planning Board
1. Meeting Dates
a. March 22, 2012 @ 8:30 A.M.
b. April 26, 2012 @ 8:30 A.M.
c. May 24, 2012 @ 8:30 A.M.
d. June 28, 2012 @ 8:30 A.M.
e. July 26, 2012 @ 8:30 A.M.
Vice -Mayor Orthwein noted the scheduled meeting dates for the
Architectural Review and Planning Board.
D. Finance Director
1. Cash & Budget Report for February 2012
Mr. Thrasher said he provided a document that gives the cash balance as
of February 29, 2012 and the various locations of those funds, and he
said he also provided a budget report which looks at the current month
collected or expended and a year -to -date collected or expended and
compared that to the budget. Mr. Thrasher requested that the Cash &
Budget Report for February 2012 be approved as submitted. Commissioner
Devitt moved and Commissioner Anderson seconded to approve the Cash &
Budget Report for February 2012 as submitted. There was no discussion.
All voted AYE.
2. Water Usage as of January 31, 2012
The Water Usage Report was provided in the meeting packets.
E. Police Chief
1. Activity for February 2012
Regular Meeting and Public Hearing
Town Commission - Friday, March 16, 2012
Page 9
Chief Ward requested the Report be accepted as submitted. There was no
discussion. The Reported was accepted as submitted.
VIII. Items for Commission Action.
A. Resolution Number 012 -03; A RESOLUTION OF THE TOWN COMMISSION
OF THE TOWN OF GULF STREAM, FLORIDA, AUTHORIZING A
CONSTRUCTION AGREEMENT WITH THE STATE OF FLORIDA, DEPARTMENT
OF TRANSPORTATION FOR CONSTRUCTION, INSTALLATION AND
MAINTENANACE OF SIGN IMPROVEMENTS WITHIN THE STATE RIGHT OF
WAY; DIRECTING THE APPROPRIATE TOWN OFFICIAL TO EXECUTE THE
AGREEMENT; PROVIDING FOR REPEAL OF ANY CONFLICTING
RESOLUTION; SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
Clerk Taylor read the title of Resolution Number 012 -03, presented for
approval this 16th day of March, 2012. Mr. Thrasher noted that this
Resolution is a requirement of the Florida Department of Transportation.
Commissioner Anderson moved and Commissioner Dering seconded to approve
Resolution Number 012 -3. There was no discussion. All voted AYE.
B. Inspector General Funding Litigation
Mr. Thrasher said there have been indications that the County and the 15
municipalities that have filed suit are agreeable to the amendment to
the original Ordinance. He said the County did not want to agree to
several issues, one being the exclusion of certain contracts that are
either under $1,000 in value, which is what the County wants, or under
$5,000 in value, which is what some of the municipalities want, and he
said the issue is still on the table. Mr. Thrasher said this will go
before the County Commission next week for approval and the attorneys
representing the municipalities are keeping things quiet until an
agreement is signed. He said if the County does not approve, all
parties involved will meet before a judge for mitigation in an attempt
to reach an agreement. He said mitigation is scheduled for March 26th, a
quorum is mandatory and he said if no agreement is reached it will go to
court.
Mr. Thrasher said the agreement on the table mirrors the original
Ordinance whereby fees for the Inspector General (IG) are paid out of
the contract payments. He said instead of paying the entire requested
amount of the check we will pay all of it less one - quarter of a percent.
Mr. Thrasher said the ballot language and original Ordinance provide for
payment through one - quarter of one percent of a contract, but he said
O following Referendum approval there was a move to go to the Loger
System, which is your local government reporting system that goes to the
State. He said the issue with the Loger System is that the money comes
out of our budget making it difficult to maintain control. However, he
said if we pay one - quarter of one percent the fee is on the Vendor and
we maintain control of our budget. Mr. Thrasher said, for example, if a
contract is $3 million, the cost is $7,500. He said the Loger System is
in conflict with what was presented to the public for a vote and this
litigation has brought it back under the original intent of the
Referendum.
Regular Meeting and Public Hearing
Town Commission - Friday, March 16, 2012
Page 10
Mr. Thrasher said there is a shortfall in funding of the IG due to a
delay between some of the municipalities. He said the challenge is on
the funding mechanism and whether or not it is legal and, therefore,
Sharon Bock is holding all of the money from the municipalities, not
just from the 15 filing suit. Mr. Thrasher said the County agreed to
pay the $400,000 shortfall during the interim, they want to be
reimbursed by the municipalities and the municipalities said they would
present this to their commissioners. He said this decision is based on
principle, it is coming out of our budget and this mechanism is not what
our residents voted on. Mr. Thrasher said if the County or the IG comes
after the Town for our share, which is $851.00, so be it. Vice -Mayor
Orthwein recommended supporting the Town Manager in his recommendation
to not contribute at this time.
Clerk Taylor said Mayor Koch believes the County did not follow the
ballot language, which put him in a bad position because he took their
word. She said the Mayor does not want to create a problem for the
Town, but she said he feels very strongly about this and his recommends
that if the Town does make the payment it should be said that it is done
under protest. Vice -Mayor Orthwein asked about the downside if the Town
does not pay. Mr. Thrasher said the Ordinance authorizes the IG to
audit the Town and take testimony. Mr. Thrasher said some of the 15
municipalities may make the payment under protest. He said he does not
believe the County would not enter into an agreement because some
municipalities chose not to contribute. There are much bigger issues
such as exclusion of contracts under $5,000 as opposed to under $1,000.
Mr. Thrasher said this may be an item to be settled in Court, but he
said the County wants to know if we will contribute. Vice -Mayor
Orthwein recommended that the Commission informs Mr. Randolph that the
Town will not contribute and wait for the outcome.
Commissioner Anderson moved and Commissioner Devitt seconded to deny
Palm Beach County's request for the Town of Gulf Stream to contribute to
the LOGER cost allocation schedule for October 2011 through September
30, 2012. There was no discussion. All voted AYE.
C. Request to extend sewer force main -G.S. Homeowner's Assoc.
This Item was heard following Item VI.B.
D. Items by Mayor & Commissioners
There were no items by the Commissioners.
0 IX. Public. There were no items by the Public.
X. Adjournment. Commissioner Dering moved and Commissioner Anderson
seconded to adjourn. There was no further discussion. The meeting was
ad' ed at 10 P.M.
r
Gail C. Abbale
Administrative Assistant