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TOWN OF HYPOLUXO
MINUTES
REGULAR TOWN COUNCIL MEETING
Al Merion Council Chamber
Wednesday, December 21, 2011
CALL TO ORDER – Mayor Kenneth Schultz called the meeting to order at 7 p.m.
ROLL CALL – Elected Officials: Mayor Kenneth Schultz; Vice-Mayor Mike Brown; Town Council Members Karen Miller, Dan Monahan, Bill Smith and Dick Roney.
SILENT PRAYER AND PLEDGE OF ALLEGIANCE TO THE FLAG
AGENDA APPROVAL – ADDITIONS, DELETIONS OR MODIFICATIONS TO AGENDA
Council approved removing Ordinance No. 188 due to advertising delays and adding Resolution No. 11-405 amending the Deferred Compensation Plan and Resolution
No. 11-406 supporting Police & Firefighter Disability Presumption Reforms.
ANNOUNCEMENTS
COMMENTS FROM MEMBERS OF THE PUBLIC – None
CONSENT AGENDA
Mr. Smith moved approval of the consent agenda consisting of the Minutes of the Town Council Meeting held November 16, 2011. Seconded by Mr. Monahan. Vote: Unanimous.
PUBLIC HEARINGS – See Ordinance
ORDINANCES AND RESOLUTIONS
Ordinance No. 188 establishing a Moratorium upon the acceptance of any application or request for approval for the establishment of an Adult Arcade – Second Reading
This item was removed and rescheduled for the Jan. 18, 2012 meeting.
Ordinance No. 189 extending the regulations governing Placement of Travel Trailers within Mobile Home Parks for an additional five year period – First Reading
Attorney Len Rubin read the title of Ordinance No. 189.
Mr. Smith moved approval of Ordinance No. 189 on first reading. Seconded by
Mr. Roney.
Mayor Schultz explained that the only change in the existing ordinance is extending the period for an additional five years. The existing time period expires in June of 2012. A letter was received from a Hypoluxo Harbor shareholder requesting the council to delay addressing the issue until the January meeting. An ordinance requires two hearings and the second hearing would be in January if council approves the first reading.
The public portion of the meeting was opened.
Lorraine Peck read a letter requesting the extension. A copy is attached to the minutes.
Ms. Miller asked if the park had short term rentals. Mrs. Peck said most are for six months. Ms. Miller mentioned a state tax requirement for short term rentals. Mrs. Peck said their property management company handles tax matters. The vehicles are privately owned, not park owned.
Vice-Mayor Brown asked if there was a screening process for those renting the lots. Mrs. Peck said all pertinent information and social security numbers are obtained. The park has completed forms to submit to the town, per the ordinance requirement.
There were no other comments from the public and the public portion of the meeting was closed.
Mr. Smith asked those in the audience who were in favor of the extension to indicate so by a show of hands. All of those present were in favor.
Mayor Schultz called the question on first reading of Ordinance No. 189. Vote: Unanimous.
Ordinance No. 190 revising the Five-Year Schedule of Improvements of the Capital Improvements Element of the Comprehensive Plan - First Reading
Attorney Len Rubin read the title of Ordinance No. 190.
Ms. Miller moved approval of Ordinance No. 190 on first reading. Seconded by Vice-Mayor Brown.
Mayor Schultz reported that the state legislature simplified the process for the annual update of the five-year schedule of capital improvements element. He introduced Mr. Jim Fleishmann, the Town’s Planning Consultant, and reported he is doing an outstanding job for the town.
Mr. Fleischmann reviewed the projects, the time tables, costs and funding sources shown on pages 11-7 through 11-9, to be inserted in the Comprehensive Plan.
The public portion of the meeting was opened. There were no comments and the public portion was closed.
Vice-Mayor Brown asked about the town’s obligation to complete projects and make deadlines. He wondered if the town could be penalized in any way for not doing so.
Mr. Fleischmann explained the element requires the town to look five years into the future and the annual review provides for moving items forward. Any deadline for proposed improvements would be determined annually by the town.
Mayor Schultz called the question on first reading of Ordinance No. 190. Vote: Unanimous.
Resolution No. 11-402 opposing the potential changes to Statutory Authority governing the South Florida Regional Transportation Authority
Attorney Len Rubin read the title of Resolution No. 11-402.
Mr. Smith moved approval of Resolution No. 11-402. Seconded by Mr. Roney.
Mayor Schultz explained the Governor is proposing a change in the composition of the Board that handles the Tri-Rail. Currently the board consists of one commissioner and one citizen from each of the three counties and one appointment by the Governor. The proposed change will eliminate the citizens and allow the Governor to appoint four. The Metropolitan Planning Organization is asking for Hypoluxo’s support by adopting a resolution opposing this change.
The public portion of the meeting was opened. There were no comments and the public portion was closed.
This item was discussed during the November meeting. There were no comments from the council.
Mayor Schultz called the question on Resolution No. 11-402. Vote: Unanimous.
Resolution No. 11 - 403 opposing approval of Additional Early Cost Recovery Funding and urging repeal of the Early Cost Recovery Statute for electric utilities
Attorney Len Rubin read the title of Resolution No. 11-403.
Mr. Roney moved approval of Resolution No. 11-403. Seconded by Mr. Monahan.
Mayor Schultz explained the Legislature has given Florida Power & Light (FPL) the opportunity to assess costs on all of us for the construction of nuclear plants. FPL is not required to spend the funds to build the plants, they can do nothing. Mr. Roney has brought this to our attention. Miami-Dade County is opposed and has asked for support by opposing early cost collecting.
The public portion of the meeting was opened. There were no comments and the public portion was closed.
Ms. Miller asked if the Florida League of Cities (FLC) was in favor of this position. Mr. Roney stated he serves on the FLC Energy Committee and the committee recommended adoption of this resolution opposing early cost collecting.
Mayor Schultz called the question on Resolution No. 11-403. Vote: Unanimous.
Resolution No. 11- 404 adopting a Fund Balance Policy
Attorney Len Rubin read the title of Resolution No. 11-404.
Vice-Mayor Brown moved approval of Resolution No. 11-404. Seconded by Mr. Smith.
Mayor Schultz explained the auditor recommended the town adopt a fund balance policy to comply with the GASB No. 54 requirement.
The public portion of the meeting was opened. There were no comments and the public portion was closed.
Ms. Miller asked for clarification regarding GASB No. 54. Auditor Adam Segal explained compliance is required in 2011 and it basically just changed the terminology.
Mayor Schultz called the question on Resolution No. 11-404. Vote: Unanimous.
Resolution No. 11-405 approving Amendment and Restatement of the Deferred Compensation Plan
Attorney Len Rubin read the title of Resolution No. 11-405.
Vice-Mayor Brown moved approval of Resolution No. 11-405. Seconded by Ms. Miller.
Mayor Schultz explained the change is required in order for the town’s deferred compensation plan to comply with federal law.
The public portion of the meeting was opened. There were no comments and the public portion was closed
There were no comments from the council.
Mayor Schultz called the question on Resolution No. 11-405. Vote: Unanimous.
Resolution No. 11-406 supporting Police Officer & Firefighter Disability Presumption Reforms
Attorney Len Rubin read the title of Resolution No. 11-406.
Mr. Monahan moved approval of Resolution No. 11-406. Seconded by Mr. Roney.
Mayor Schultz explained the FLC is asking all municipalities to approve a similar resolution. The reform is primarily for new hires under the age of 35 and attempts to ensure that claims are work related. He spoke with the Lantana Town Manger and Lantana will address the issue in early January. Hypoluxo is considering tonight due to
the Legislature starting session January 10th before our January meeting.
Attorney Rubin mentioned the resolution supports changes allowing municipalities to collective bargain additional pension benefits funded by insurance premium taxes. This is a statewide issue that is high on the FLC agenda. The primary goal is to make a more accurate determination that injuries are suffered by on duty activities.
Mr. Smith asked if the overtime hours pertaining to retirement was resolved.
Attorney Rubin said the proposed legislation is to clarify the language stating that the overtime limit may not be less than 300 hours per officer per year. The language is construed as a minimum and has been changed to provide flexibility to bargain overtime limits.
The public portion of the meeting was opened. There were no comments and the public portion was closed.
Mayor Schultz called the question on Resolution No. 11-406. Vote: Unanimous.
DISCUSSION ITEMS – None
INFORMATION ITEMS & REPORTS
Presentation of the 2011 Audit Report by Grau & Associates
Mayor Schultz introduced Adam Segal who provided the highlights of the audit report. He said the Independent Auditor’s Report indicates a clean opinion and everyone is doing a good job. The expenditures & revenues remain consistent. The fund balance reporting has changed to provide more transparency due to GASB 54. There were no deficiencies in internal control. There are no findings in the management letter this year or in the prior year. The Town is in compliance with requirements of the Auditor General.
Vice-Mayor Brown mentioned the Town’s small staff and asked if the checks and balances were sufficient. He mentioned financial transactions requiring duel signatures.
Mr. Segal said the internal controls are reasonably strong and duel signatures are in place.
Vice-Mayor Brown asked if the town has sufficient protection using the CDARS investment program.
Mr. Segal said each Certificate of Deposit (CD) is FDIC insured up to $250,000. Ms. Searls confirmed that the CD’s are maintained below $250,000.
The public portion of the meeting was opened. There were no comments and the public portion was closed.
Vice-Mayor Brown moved to accept the Audit Report for Fiscal Year ending Sept. 30, 2011, and to forward the report to the appropriate agencies. Seconded by Mr. Smith. Vote: Unanimous.
Budget – Comparison of Actual Expenditures and Income to Budget and Statement on Reserves - No Comments.
COMMENTS
Council Members
Mr. Roney attended the FLC Legislative Energy/Environmental Committee Meeting. The committee has been divided between water and energy issues. They took a paper vote rather than a show of hands and the results were that the committee will again be actively addressing energy issues. The information they are receiving indicates a lot of activity addressing energy issues in the private sector in the State of Florida.
Mr. Smith attended the State Attorney’s quarterly meeting. He is introducing new staff and not much to report. Mr. Smith congratulated staff for a fantastic job on the Open House. The party was well attended.
Mrs. Miller commended staff for the fine financial report.
Town Attorney
Although the town did not enter the Inspector General funding lawsuit Attorney Rubin provided an update. The County Clerk of Courts refused to turn over the municipal money collected to fund the department until the issue is resolved. Governmental agencies who sue each other must participate in the conflict resolution process and this is to take place in January.
Town Clerk – Happy holidays and please stay to sign Ordinances.
Mayor
The sound barriers around the noisy equipment at the Manalapan water plant are under construction and passing inspections.
Congratulations to the Lantana Police Department who have been accredited once again.
The three air conditioners in the Town Hall are old and are mismatched with various parts being replaced over the years. We would like to go out to bid and use money available through the energy grant to replace them at an estimated cost of $26,000. Council agreed to do so.
The town received a $6,000 refund from the FLC Leagues Insurance Trust.
Please be cautious when approached to purchase merchandise. A woman was selling expired coupon books in Hypoluxo Point. She was telling people another resident supported the program without that resident’s knowledge.
Congratulations for a successful Open House.
All wished everyone Happy Holidays.
COMMENTS FROM THE PUBLIC – None
ADJOURNMENT – Mayor Schultz adjourned the meeting at 8 PM.
APPROVED THIS 18th DAY OF JANUARY, 2012.
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