"Home of the Barefoot Mailman"





                              Al Merion Council Chamber

                          Wednesday, February 15, 2017

CALL TO ORDER – Interim Mayor Mike Brown called the meeting to order at 7:00 PM. 

ROLL CALL – Elected Officials:  Interim-Mayor Mike Brown, Town Council Members Bill Smith, Dick Roney, Brad Doyle and Christine Nagy were present.  

AGENDA APPROVAL–Addition/Deletions/Modifications and Adoption-  None.

ANNOUNCEMENTS  - Council members Doyle, Nagy and newly elected Council Member Linda Allen were congratulated.

Interim Mayor Mike Brown commented there will be an election on March 14, 2017 for the position of Mayor.  Polls are open from 7:00 am until 7:00 pm.


John Warganz, 500 Scotia Drive, expressed concern with regard to the train noise and suggested a sound wall be considered on the east side of the train track.

Interim Mayor Brown noted that the State is in the process of establishing a Quiet Zone with the FEC railroad.  he explained during construction a lot of landscaping was removed and will be replaced.

Judy Maxwell, 124 Neptune Drive, expressed concern with the following:

  o  Increase in crime in the Town

  o  Questioned what measures are being taken to address this issue

  o If an increase in patrol was being considered to alleviate the increase in crime and if the police are meeting their standards

  o  Website not current

  o  Strip center along Federal Highway and Neptune Drive loitering, loud talking.

Interim Mayor Brown commented the Lantana Police Department patrols regularly throughout all of the neighborhoods in the Town of Hypoluxo.  He noted the Police Department advised that there are several residents who are leaving their cars unlocked and the garage doors open all night.  He encouraged residents to be diligent in locking their doors to their cars and homes and calling the Police Department when a crime is being committed.  He clarified the Police Department has one dedicated officer and the other officers provide backup as needed basis.  Furthermore, criminals have been entering the gated communities by water to steal cars.  He commented that the Police Department cannot prevent crime, but the Police Department has responded quickly to crimes in the community.

Anthony Maxwell, 124 Neptune Drive, commented he has requested the Police Department to notify him when his garage door is open in the past and suggested this be implemented.

Attorney Rubin explained notifying residents is at the discretion of the officer.  He suggested if the community wishes to do so, they can request the officers to do so.

 Jim Martin expressed concern with regard to noise from landscapers and requested consideration be given to banning all lawn blowers east of Federal Highway.  He commented at the Yacht Club there was some sort of spraying and requested to be notified before spraying.

Steve Hughes, Lucina Drive questioned the following:classification of the outpatient substance abuse center and if it is a permitted use
and the enforcement of no parking on the streets in Hypoluxo Point

Attorney Rubin noted Outpatient Substance Abuse Centers are a permitted use in certain areas.  With regard to the parking on the streets, there are signs posted no street parking. 

Interim Mayor Brown suggested the Association in Hypoluxo Point educate their neighbors with regard to the parking in the streets and then request the enforcement of the Ordinance.


A.  Minutes of the Regular Council Meeting January 18, 2017.

 Council member Smith moved approval of the consent agenda consisting of the Minutes of the Regular Council Meeting held January 18, 2017.  Seconded by Council member Nagy.  Vote:  Unanimous.

 PUBLIC HEARINGS- Refer to Ordinances and Resolutions.


 A.  Ordinance No. 208 – Amending Chapter 28, “Land Development,” of the Town Code of Ordinances to regulate Medical marijuana Treatment Centers within the Town.  Second Reading. 

Attorney Rubin read the Title into the record.

“An Ordinance of the Town Council of the Town of Hypoluxo, Florida, amending Chapter 28, “Land Development,” of the Town Code of Ordinances to regulate medical marijuana treatment centers within the Town; amending Article I, “In General,’ by amending Section 28-14, “Definitions;” amending Division 2, “District Regulations,” of Article II, “Land Use,” by amending Section 28-45, “Commercial/Service (CS);” Amending Article V, “Supplemental Design and Development Standards,” By adopting a new Section 28-110, “Additional Regulations applicable to medical marijuana treatment centers; “ providing for codification; providing for severability; providing for an effective date; and for other purposes.”

Interim Mayor Brown noted this was presented at the January 9, 2017 Planning and Zoning Board meeting and the January 18, 2017 Council meeting on first reading.

Interim Mayor Brown opened the discussion to the general public.

Attorney Rubin provided a brief overview of the proposed ordinance in response to Ms. Maxwell’s request.  The Ordinance allows medical marijuana treatment centers in the commercial service district which is near the Hypoluxo Storage area. 

There were no further comments from the public and this portion of the meeting was closed. 

 Council member Doyle moved approval of Ordinance 208 on second reading.  Seconded by Council member Roney.  Vote:  Unanimous.

B.  Resolution No. 17-55 – Request to approve an Interlocal Agreement with the Northern Palm Beach County Improvement District relating to the Fourth Cycle NPDES Permit for stormwater discharge

Attorney Len Rubin read the Resolution into the record.

A Resolution of the Town Council of the Town of Hypoluxo, Florida, approving an Interlocal Agreement with the Northern Palm Beach County Improvement District for the NPDES FOURTH CYCLE PERMIT; authorizing the Interim Mayor and Deputy Town Clerk to execute the agreement; providing for conflicts; and providing for an effective date.

Interim Mayor Brown explained this is an Interlocal Agreement which permits the discharge of storm water into the Intercoastal Waterway. 

Attorney Rubin clarified this is a group permit that has been done for over 8 years.

Interim Mayor Brown opened the discussion to the general public.

Jim Martin noted the screen was wrong on the main that flows into the Intercoastal. 

There were no further comments from the public and this portion of the meeting was closed. 

Council member Nagy moved approval of Resolution 17-55 as presented.  Seconded by Council member Smith.  Vote:  Unanimous.


Update regarding utilizing the FLC Infrastructure Surtax Citizen Oversight Committee.  

Interim Mayor Brown noted this Committee was formed in response to the ½ cent sales tax that was approved by Palm Beach County voters.  The Oversight Committee is tasked to ensure the proceeds received are expended in a manner consistent with the State Statutes.  Projects are capital in nature and must have a life of over 5 years. 

Attorney Rubin explained the Committee provides a report on their determination and is advisory in nature. 

Council member Roney moved to use the Palm Beach Florida League of Cities Infrastructure Surtax Citizen Committee.  Seconded by Council member Smith.  Vote:  Unanimous.


Budget – Comparison of Actual Expenditures and Income to Budget and Statement on Reserves.  

Council member Roney suggested to investigate interest rates. 


Council member Nagy advised she attended the Town of Manalapan’s Council meeting on January 24, 2017.  She noted Town Manager Linda Stumpf reiterated the presentation that was made at our Council meeting on January 18, 2017.  She also attended the Florida League of Cities meeting on January 25, 2017 in which there was a discussion regarding water management in Palm Beach County.

Council member Roney commented there will be a concrete wall built on the north side of Half Moon Bay separating Lantana and Hypoluxo. 


TOWN CLERK – Council members please sign the Ordinance after the meeting.


Interim Mayor Brown discussed the following:

Council members were urged to speak directly into the microphone.
A bronze plaque has been proposed to honor former Mayor Kenneth Schultz.  An example of the proposed plaque was provided.  The plaque is anticipated to cost approximately $2,500 and is 10 x 16 inches. 

Town Hall will be closed on February 20, 2017 for President’s Day.
There will be an election on March 14, 2017 for the position of Mayor.  Absentee Ballots are available through the Supervisor of Elections office.

Interim Mayor Brown requested direction with regard to the proposals received from the Town of Manalapan and City of Boynton Beach.  After discussion, it was decided to hold a workshop meeting after the election and before April.  Notice is not required to be given until 2018.

Citizens were reminded to be aware of leaving their keys in their cars and encouraged everyone to close their garage doors at night.


David Karpinia, 121 Lucina Drive, commented with regard to the Town of Manalapan water rates being charged.  He encouraged renegotiating the contract for water.  He expressed his belief the reserve which is two times the budget should be used elsewhere.

Jim Martin, 112 Lucina Drive, commented with regard to the Manalapan water rates and the surcharge rates.  He questioned if some of the reserve funds could be used for additional police patrols. 

Randi Karpinia, 121 Lucina Drive, questioned where the budget reserves are derived from and what the reserves would be used.

Interim Mayor Brown explained reserves are derived from taxes and various forms of income.  The reserves are maintained for emergency purposes.

Attorney Rubin advised the reserve funds are generally used in case of an emergency.  He noted a lot of expenses are reimbursable but the Town would have the initial outlay of funds.

Judy Maxwell questioned the philosophy for the amount of the reserves being maintained.

Bob McGill, 154 Lucina Drive, suggested the Town consider reviewing and negotiation of their contracts.

ADJOURNMENT- Interim Mayor Brown adjourned the meeting at 8:30 P.M.