TOWN OF HYPOLUXO
REGULAR TOWN COUNCIL MEETING
Al Merion Council Chamber
Wednesday, April 18, 2018
CALL TO ORDER – Mayor Michael Brown called the meeting to order at 7:00 PM.
MOMENT OF SILENT PRAYER AND PLEDGE OF ALLEGIANCE TO THE FLAG
ROLL CALL – Elected Officials: Mayor Michael Brown, Vice Mayor Richard Roney, Town Council Members Brad Doyle, Christine Nagy, Linda Allen and Bob Leupp were present. There was a quorum.
AGENDA APPROVAL – Addition/Deletions/Modifications and Adoption – None.
ANNOUNCEMENTS – None.
QUARTERLY CRIME REPORT – LANTANA POLICE DEPARTMENT
Officer Matt Johnson reported the following:
15 burglaries - vehicle, residential and business
1 stolen vehicle
6 miscellaneous batteries
7 arrests including one outstanding warrant
Miscellaneous calls including medical, car accidents
COMMENTS FROM THE PUBLIC – None.
Minutes of the Regular Council Meeting held March 21, 2018
Council Member Nagy moved approval of the minutes for the Regular Council Meetings held March 21, 2018. Seconded by Vice Mayor Roney. Vote: Unanimous.
PUBLIC HEARINGS- None.
ORDINANCES & RESOLUTIONS –
Mr. Rubin read the Ordinance by title.
An Ordinance of the Town Council of the Town of Hypoluxo, Florida, amending Chapter 28, “Land Development,” of the Town Code of Ordinances to adopt regulations for reasonable accommodation requests for residents of recovery residences; amending Article X, “Administration and Enforcement,” by Adopting a new Section 28-211, “Reasonable Accommodation Procedures and Requirements for residents of recovery residences;” providing for codification; providing for severability; providing for an effective date; and for other purposes.
Mr. Rubin explained this Ordinance established a reasonable accommodation procedure for persons who qualify may request a reasonable accommodation from the Town’s land development regulations. Persons undergoing substance abuse treatment are considered to be disabled and often reside in recovery residences which allow individuals to undergo recovery in an integrated, community-based setting. The Town’s code defines the term “family” as a group of two or more persons related by blood, marriage, or otherwise. Therefore, any recovery residence housing more than three unrelated persons must seek a reasonable accommodation from the Town’s Code. The Town’s Code also provides for additional requirements such as minimum living space, bedroom space depending on the number of residents. This Ordinance provides procedures for processing reasonable accommodation requests for persons with disabilities who are in recovery from substance abuse. Therefore, the residence must provide proof of the following
They are a licensable service component pursuant to Chapter 397, Florida Statutes.
They are a certified recovery residence or are in the process of becoming certified.
That a reasonable accommodation is sought because of a disability,
The residence administrator is certified or is in the process of becoming certified
All leases or subleases between the property owner and the tenant seeking a reasonable accommodation.
The application is filed on behalf of individuals who are disabled and protected under applicable laws, including the FHA and ADA.
The applications shall be considered by a special magistrate appointed by Town Council. The magistrate shall grant the application in whole or in part, with conditions or deny. The decision shall constitute a final order and may only be appealed to the circuit court.
The Planning and Zoning Board met on April 17, 2018 and recommended approval with recommendations including inspections. Mr. Rubin noted if an inspection was suggested it would be required for all rental property units. A fire code inspection may be required if the residence provides residential board and personal care services and there are more than three unrelated individuals. The fire code inspection would be under a different section of code and is recommended to include a local business tax. This inspection is a little more restrictive inspection.
Homeowners Association are not affected by this requirement and enforce their restrictions whether or not they are more restrictive or not.
Mr. Rubin explained with regard to limiting the amount of residences, in cases where there is a concentration there can be a limitation on the amount of facilities that are approved and the special magistrate would address these concerns. However, the Town may not impose a distance restriction.
Mayor Brown opened the discussion to the general public.
A resident from Barefoot Cove questioned whether the outpatient facility and the residence are required in the same municipality, if there was any relief due to the Town’s size and resident requirements.
Councilmember Doyle expressed his belief the business tax component should be included as part of the process.
Council Member Doyle moved approval of Ordinance 214 on first reading. Seconded by Council Member Allen. Vote: Unanimous.
DISCUSSION/ACTION ITEMS –
Request to approve Sales Tax Capital Projects
Mayor Brown noted the following projects are proposed to be used for the surtax allocation:
Sewer to Septic Conversion is delayed due to lack of funding and may be brought back when additional funding is available.
Town Hall Renovations including planning, design and construction to renovate Town Hall. Proposed projects include inside renovations, painting, office equipment and asphalt.
Park Lane Renovations including planning, design, renovation to Park Lane East including additional lighting. Proposed project also includes lighting, electrical, grass and sprinkler repairs.
East and west side of Federal Highway landscaping: Proposed project includes benches, receptacles, landscape barrier, planning and design and installation of natural barrier.
Hypoluxo Scrub Renovations, project provides for planning, design and construction for front entry feature, install new park benches and the possible matching grant for repaving of the front entry way.
Mayor Brown opened the discussion to the general public. There being no further discussion, this portion of the meeting was closed.
Vice Mayor Roney recommended approval of the proposed project list to be submitted to the Palm Beach League of Cities Surtax Committee. Seconded by Council Member Nagy. Vote: Unanimous.
Request to approve contract to paint the outside of Town Hall
Mayor Brown provided a brief overview of the staff report. Benjamin Moore developed a scope of work for the project and contacted vendors to bid on the project. Mayor Brown will clarify if the proposals include Benjamin Moore inspecting the work completed. Staff recommended awarding the contract to the lowest bidder MidSouth Painting Inc.
Vice Mayor Roney moved approval to grant the contract to paint the outside of Town Hall to MidSouth Painting Inc. Seconded by Council Member Leupp. Vote: Unanimous.
INFORMATION ITEMS & REPORTS –
Budget – Comparison of Actual Expenditures and Income to Budget and Statement on Reserves. - None
COMMENTS FROM COUNCIL MEMBERS –
Council Member Doyle questioned the status of the power pole removal.
Mayor Brown explained he has been in constant contact with representatives from Comcast, ATT and FPL. He noted most of the wires have been relocated.
TOWN ATTORNEY –
Attorney Rubin advised he is waiting for the Interlocal Agreement from the City of Boynton Beach.
TOWN CLERK – None.
MAYOR’S REPORT –
Mayor Brown noted the following:
All residents and associations are urged to start preparing for hurricane season now including trimming trees, clearing backyards, sheds and garages of unwanted items.
All residents and association are reminded to participate in the 2020 Census.
The new computer server has been installed.
A new building permit software program was purchased and staff was trained.
Town Hall’s roof has been cleaned.
New directional signage has been ordered for in front of Town Hall.
Various pieces of antiquated equipment has been recycled through Palm Tech.
The Lantana Chamber of Commerce Fishing Tournament Awards Party is May 6, 2018 from 11:30 AM – 4:00 PM at the Lantana Recreation Center.
The Palm Beach League of Cities District 2 and 3 Luncheon meeting is held every second Wednesday at noon at the Atlantis Country Club. The General Membership luncheon is held the 4th Wednesday of each month at 11:30 am at various locations.
The City of Boynton Beach is having a Go Green Water Conservation Workshop April 25, 2018 from 5:30 – 7:00 PM at the Intercoastal Park Club House.
COMMENTS FROM THE PUBLIC –
A resident from Mariners Cay questioned whether a wall could be installed along the railroad property.
Council Member Doyle explained he has contacted the railroad and they were unwilling to install a wall on their property.
Mayor Brown noted the Quiet Zone is in the process and will hopefully be implemented in the near future.
ADJOURNMENT- Mayor Brown adjourned the meeting at 8:00 P.M.