Loading...
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