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TOWN OF HYPOLUXO

MINUTES

REGULAR TOWN COUNCIL MEETING

Al Merion Council Chamber

Wednesday, December 21, 2016

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

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

MOMENT OF SILENT PRAYER AND PLEDGE OF ALLEGIANCE TO THE FLAG.  A MOMENT OF RECOGNITION AND PRAYER WAS OBSERVED IN HONOR OF THE LATE MAYOR KENNETH SCHULTZ. 

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

ANNOUNCEMENTS - None.

COMMENTS FROM THE PUBLIC - None.

CONSENT AGENDA 

    a. Minutes of the Regular Council Meeting held November 16, 2016

Council member Smith moved approval of the consent agenda consisting of the Minutes of the Regular Town Council Meeting held November 16, 2016.  Seconded by Council Member Roney.  Vote:  Unanimous. 

PUBLIC HEARINGS- Refer to Ordinances and Resolutions

ORDINANCES & RESOLUTIONS -

a.  RESOLUTION 16-452 APPROVING AN AGREEMENT FOR VOTER PROCESSING EQUIPMENT USE AND ELECTION SERVICES WITH THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS.

Town Attorney Rubin read the Title into the record.

"A Resolution of the Town Council of the Town of Hypoluxo, Florida, approving an agreement for voter processing equipment use and Elections Services with the Palm Beach County Supervisor of Elections and authorizing the Mayor and Town Clerk to execute same; and providing for an effective date."

Interim Mayor Brown advised the election will be held to fill three council member positions for a term of three years and to fill the vacancy of the mayor's position for a one yeart term.

Council member Smith moved approval of Resolution 16-452.  Seconded by Council member Nagy:  Vote:  Unanimous

b.  RESOLUTION 16-453 APPROVING THE TOWN'S GENERAL MUNICIPAL ELECTION.

Town Attorney Rubin read the Title into the record.

"A Resolution of the Town Council of the Town of Hypoluxo, Florida, announcing the date of the Town's General Election and Run-Off Election, if necessary; deisgnating the polling location; requesting that the Supervisor of Elections conduct the Election; authorizing the Supervisor of Elections to certify the accuracy of the tabulation equipment, and handle, certify and canvass all ballots, including absentee ballots; appointing a Canvassing Board; providing for an Effective Date; and for other purposes."

Council member Smith moved approval of Resolution 16-453.  Seconded by Council member Roney.  Vote:  Unanimous

c.  RESOLUTION 16-454 URGINING THE APPOINTMENT OF MUNICIPAL OFFICIALS TO THE 2017-2018 CONSTITUTIONAL REVISION COMMISSION AND SUPPORTING THE POSITIONS OF THE FLORIDA LEAGUE OF CITIES TO APPOINT SUSAN HAYNIE.

Town Attorney Rubin read the Title into the record.

"A Resolution of the Town Council of the Town of Hypoluxo, Florida, urging the appointment of Municipal Officials to the 2017-2018 Consitutional Revision Commission; supporting the positions of the Florida League of cities, Inc.,; supporting the appointment of Florida League of Cities President Susan Haynie; providing for an effective date; and for other purposes."

Interim Mayor Brown explained the State of Florida is appointing a Constitutional Revision Commission for the third time.  The Florida League of Cities (FLC) is requesting support to have FLC President Susan Haynie as one of the members of the commission.  This will allow the FLC to provide input regarding home rule legislation.

Council member Smith moved approval of Resolution 16-454.  Seconded by Council member Nagy.  Vote:  Unanimous

DISCUSSION ITEMS -

a.  REQUEST APPROVAL FOR THE COMMUNITY RATING SYSTEM 2016 FLOODPLAIN MANAGEMENT PLAN PROGRESS REPORT.

Interim Mayor Brown noted this is a yearly report indicating whether we are in compliance.  This report allows the residents to enjoy a 10% discount on their flood insurance.

Council member Smith advised he was not aware of this report.  He questioned how to find out if the discount is applied to the associations.

Tom Kerwin, Barefoot Cove, indicated he was not aware if he was receiving this discount and would check with his agent.

Attorney Rubin reiterated this program has been in place for several years and this is an annual progress report that is required by the Community Rating System.  It was his belief that the insurance agents would check this information but felt it would be benficial for each association to check with their agents to be sure.

Council member Roney moved approval of the Community Rating System 2016 Floodplain Management Plan Porgress Report as presented.  Sceonded by Council member Doyle.  Vote:  Unanimous

b.      REQUEST APPROVAL TO EXECUTE THE FFY 2016 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANt.

Interim Mayor Brown noted this is a grant that the Town of Lantana Police Department has applied for on an annual basis.  The intent of the program is to reduce crime and improve public safety.  The grant will be used to install additional security cameras at the Scrub area.

Council member Smith moved approval of applying for the FY 2016 Edward Byrne Memorial Justice Assistance Grant and to permit the Town of Lantana Police to install security cameras in the Scrub areas as discussed.  Seconded by Council member Nagy.  Vote:  Unanimous.

INFORMATION ITEMS & REPORTS 

Budget – Comparison of Actual Expenditures and Income to Budget and Statement of Reserves- No comments.

COMMENTS FROM COUNCIL MEMBERS -

Council Member Nagy requested to keep the lights up around Town Hall until January 6, 2017.

Council Members Doyle and roney attended the Florida League of Cities meeting December 8 and 9, 2017 in Orlando.  A resolution to ban fracking will be presented to the legislature for consideration.

Council Member Smith questioned the dates for the Election.

Interim Mayor Brown explained according to the Town's Charter, a special election is required 90 days after the office of mayor is vacated.  This would have been held within 18 days of the regularly scheduled election on March 14, 2017.  After consulting with the Town Attorney and the Supervisor of Elections it was felt that since it was so close to the normal election date and it would have been difficult for the Supervisor of Election to hold a Special Election, it was decided to have one election date of March 14, 2017.  The Qualifying period for both Mayor (to fulfill the one-year term) and Council seats (three seats for a three-year term) are January 31, 2017 at noon to February 14, 2017 at noon.

In response to Council Member Doyle, Town Attorney Rubin explained there is a vacant seat for three meetings.  He recommended not to appoint someone for those three meetings.  The election of a Vice Mayor is at the discretion of the Council.

TOWN ATTORNEY -

Town Attorney Rubin noted the Fourth District Court of Appeals ruled in favor of municipalities in the lawsuit brought by municipalities against paying for the Office of Inspector General based on population of the municipality.  The municipalities will not have to pay for the cost for the Office of the Inspector General based on population.  The legal argument was based on sovereign immunity and the lack of a contract.

The Medical Marijuana Ordinance will be presented to the Planning and Zoning Board on January 9, 2017 and then will be heard for first reading on January 18, 2017 at the Council meeting.

It was noted the Town of Manalapan will be making a presentation at the January 18, 2017 meeting.  The decision to terminate or renew the contract must be given to the Town of Manalapan in September 2017.

TOWN CLERK – None

MAYOR’S REPORT - 

Interim Mayor Brown discussed the following:

  • Last year, Palm Beach County residents recycled more than 81,600 tons of material that would have been otherwise trashed.   Town of Hypoluxo residents have recycled more than 1,750 tons of trash since 2010.  The Town has received $43,500 as a rebate as a result of recycling efforts by our residents.
  • The Town's Open House was held on December 13, 2016.  He thanked residents who attended and staff for their efforts.
  • The Town of Manalapan will be making a presentation at the January 18, 2017 meeting regarding their water services.
  • Suggestions for a memorial or way to honor Mayor Schultz was requested from Council Members.
  • Town Hall hours on December 23 and 30, 2016 will be from 8:00 am until noon.  Town Hall will be closed December 26, 2016 and January 2, 2017 in observance of Christmas and New Year's Day.
  • Happy Holiday and a Happy New Year were extended to all.

COMMENTS FROM THE PUBLIC -

Donna Ronney, Half Moon Bay, urged those who are considering running for Mayor be made aware that the position is not a ceremonial position and that it is the Town Manager.

ADJOURNMENT- Interim Mayor Brown adjourned the meeting at 7:40 P.M.

APPROVED THIS 18th DAY OF JANUARY, 2017.