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TOWN OF HYPOLUXO

                                            MINUTES

                     REGULAR TOWN COUNCIL MEETING

                              Al Merion Council Chamber

                          Wednesday, April 19, 2017

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

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

SWEARING IN -

Attorney Len Rubin swore in Michael Brown as Mayor who won the March 14, 2017 election.

Congratulations were offered

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

ANNOUNCEMENTS  -

COMMENTS FROM THE PUBLIC - None

QUARTERLY REPORT REGARDING CRIME

STATISTICS

 Note:  This item was heard out of order of the agenda and later in the meeting. 

 Officer Bart Petrokus from the Lantana Police Department presented an overview of the crime statistics for the Town of Hypoluxo.  He noted he has been an officer in Lantana since 2000 and in Hypoluxo for the past 4 years.  He congratulated Mayor Brown on being elected as Mayor.

 The following was discussed:

 

  He encouraged residents to call the police if they see anything suspicious. 
  There were some stolen vehicles in February from a group from Miami.  The crimes were random.
  He noted one of the main issues have been drug overdoses. 
  Some miscellaneous issues included domestic issues, EMS calls, traffic enforcement, and a few fights. 
  In response to Chris Galetka, Officer Petrokus has not noticed an increase in burglars.  The majority of issues seem to be car burglars and crimes of opportunities. 
  Randi Karpinia requested a quarterly crime trend report be included as part of the update.
  Judy Maxwell questioned whether the drug overdoses were residents or guests and the increased traffic enforcement in front of Hypoluxo Point.
 

ANNOUNCEMENTS – None.

 

COMMENTS FROM THE PUBLIC – None.

 

CONSENT AGENDA

 Minutes of the Regular Council Meeting March 15, 2017.
 

Vice Mayor Smith moved approval of the consent agenda consisting of the Minutes of the Regular Council Meeting held March 15, 2017.  Seconded by Council member Roney Vote:  Unanimous.

 

PUBLIC HEARINGS-

 

Consideration of an Amendment to the Waterside Village Planned Unit Development to Allow for the construction of a Free-Standing Clubhouse. 

 

Attorney Len Rubin provided an overview of the staff report.  He noted the first amendment was completed in June 2012.  The Planning and Zoning Board unanimously recommended approval at their meeting on April 12, 2017.

 

Bradley Miller, Miller Land Planning, was present on behalf of Waterside Village.  The proposed clubhouse is approximately 6,500 square foot.  The clubhouse will extend over the drainage areas but will not be effected by the construction project. The current clubhouse is approximately 2,000 square feet. 

 

Mayor Brown opened the discussion to the general public.  There being no further discussion, this section of the meeting was closed.

 

Vice Mayor Smith moved approval to amend the Planned Unit Development to allow for the construction of a Free-Standing Clubhouse.  Seconded by Council Member Roney.  Vote:  Unanimous. 

 

ORDINANCES & RESOLUTIONS – None.

 

DISCUSSION ITEMS

 

Discussion regarding clarification of qualifying fee for candidates in municipal elections.
 

Mayor Brown explained the qualifying fee is part of the Town Charter and is not specified in the county unified election code. 

 

Attorney Rubin indicated that previously there was a $15 qualifying fee originally.  This was deleted when the charter amendments were done.  Currently, the State Assessment is the only fee charged.

 

Mayor Brown opened the discussion to the general public.  There being no further discussion, this section of the meeting was closed.

 

Vice Mayor Smith moved approval to enact a $25 qualifying fee for candidates for municipal elections.  Seconded by Council Member Roney. Vote:  4-1 Mr. Doyle voted in the negative.  Motion carried.

 

Discussion regarding the establishment of the Mayor’s salary
 

Attorney Rubin explained the Town Council established the Mayor’s salary.  He noted the Mayor serves as the chief executive officer of the Town and administers all Town activities and functions.  Resolution 01-261 requires the Council to determine the initial salary of the Mayor following the Mayor’s initial election. 

 

Vice Mayor Smith expressed his belief that Mayor Brown has served on the Council for the past 14 years, filled in for former Mayor Schultz on several occasions and he recommended a salary of $79,000.

 Attorney Rubin clarified Mayor Schultz served as Mayor for 19 years and that a lot of municipalities have a Town Manager or Administrator along with a Mayor and Hypoluxo combined both positions.  The salary is adjusted annual and is reviewed as part of the budget process.

 Council member Doyle expressed concern with Mayor Brown having the same salary as former Mayor Schultz and reiterated that Mayor Brown is well qualified for the position.

 Attorney Rubin opened the discussion to the general public.

 Troy Schaaf, Neptune Drive, expressed his belief that $79,000 is worth it and felt that the Mayor or Council need to tighten up management.

 Judy Maxwell requested clarification of the former Mayor’s raises, the comparison to Lantana’s governing body and the Mayor’s salary range.

 Frieda Kerwin concurred with Council Member Smith’s comments.

 Vice Mayor Smith moved to establish the Mayor’s salary at $79,000.  Seconded by Council Member Nagy.  Vote:  4-1 Mr. Doyle voted in the negative.  Motion carried.

 

Approval for Vice Mayor Smith to be added to bank accounts.
 

Mayor Brown noted the Town’s policy to have two elected official on the bank accounts. 

 

Mayor Brown opened the discussion to the general public.  There being no further discussion, this section of the meeting was closed.

 

Council Member Roney moved approval to have Vice Mayor Bill Smith added to all bank accounts.  Seconded by Council Member Allen.  Vote:  Unanimous. 

 

Approval of IPARC meeting for School Concurrency
 

Attorney Rubin read Resolution 17-456 into the record.

 

“A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF HYPOLUXO, FLORIDA, APPROVING PARTICIPATION IN AN INTERLOCAL AGREEMENT WITH THE PALM BEACH COUNTY SCHOOL DISTRICT AND PALM BEACH COUNTY FOR COORDINATED SCHOOL PLANNING; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE”.

 

Attorney Rubin explained this replaces the school concurrency element of the Comprehensive Plan.  Palm Beach County and the School District of Palm Beach have negotiated this agreement with regard to coordinating development in the County. 

 

Mayor Brown opened the discussion to the general public.  There being no further discussion, this section of the meeting was closed.

 

Vice Mayor Smith moved approval of Resolution 17-456.  Seconded by Council Member Nagy.  Vote:  Unanimous.

 

Designation of a Voting Delegate and alternate(s) to the Palm Beach County League of Cities, Inc.
 

Mayor Brown noted previously the Mayor was designated as the voting member and the rest of the Council members were alternates.

 Mayor Brown opened the discussion to the general public.  There being no further discussion, this section of the meeting was closed.

 Council Member Roney moved to select Mayor Brown as the regular delegate and the Council members as alternates to the Palm Beach County League of Cities, Inc.  Seconded by Council Member Doyle.  Vote:  Unanimous.

  

Consideration of residents who are interested in serving on the Planning and Zoning Board as one regular member and one alternate member.
 

Mayor Brown explained two residents have expressed an interest in serving on the Planning and Zoning Board.  The vacancy occurred when Linda Allen was elected to Council.  Staff is recommending to have John Sochacki serve as the regular member and Robert Leupp serve as the alternate member. 

 

John Sochacki and Robert Leupp were both present and presented a brief summary of their biographical information. 

 

Mayor Brown opened the discussion to the general public.  There being no further discussion, this section of the meeting was closed.

 

Vice Mayor Smith moved to appoint John Sochacki as the regular member and Robert Leupp as the alternate member to the Planning and Zoning Board.  Seconded by Council Member Roney.  Vote:  Unanimous.

 

It was noted these appointments are two-year appointments; however, they will be renewed in August 2017.

 

Discussion regarding the possible purchase of land located at 200 Hypoluxo Road formerly known as Porter Place and now known as Hypoluxo Commons.
 

Mayor Brown noted this is the last piece of undeveloped land in the Town of Hypoluxo.  He recommended that the Town purchase the property for future Town use and the ½ cent sales surtax money could be used towards the purchase as an infrastructure improvement.  This would be subject to negotiations and appraisals on the property.  He has spoken with the property owner who indicated he would be willing to entertain an offer from the Town of Hypoluxo.  The future use of the property has not been determined at this time. 

 

Attorney Rubin explained the Hypoluxo Commons project is still going through the review process.  He noted two appraisals would be required in order to make an offer on the property.  It was clarified the use for the land must be recreational, open space, conservation but not as an investment property.

 

Council member Doyle expressed his belief that the land is not a good location for a park and that the Town would lose tax money. 

 

Mayor Brown estimated the ad valorem tax that would be lost for a 50-unit townhome development would be approximately $35,000 per year.  He noted extra costs associated with a development including water, sewer and emergency services. 

 

Vice Mayor Smith expressed concern with regard to the Town paying for the water infrastructure improvements that need to be completed and that the Town’s reserves may be depleted.  He suggested to table this item until the water issue can be more defined and whether or not reserves would be required to be used for infrastructure improvements.

 

Bradley Miller commented the project will tie into the sewer systems as previously discussed.  He noted the urgency to continue the project through the review process.

 

Council member Nagy made a motion to pursue the possible purchase of the land located at 200 Hypoluxo Road.  Seconded by Council member Allen.

 

Mayor Brown opened the discussion to the general public. 

 

John Sochacki spoke in favor.
Ed McWhorter spoke in opposition.
Randi Karpini spoke in opposition.
 

There being no further discussion, this section of the meeting was closed.

 

Mayor Brown called the question.  Vote:  Vice Mayor Smith, Council members Doyle and Roney voted in the negative.  Motion failed.

 

INFORMATION ITEMS & REPORTS -

 

Annual Audit Report by Grau & Associates (Audit Report emailed with packet, hard copy distributed at meeting).

 

Note:            This item was heard earlier in the meeting.

 

Racquel McIntosh, Partner, presented the audit report.  She noted this was a smooth audit in spite of personnel changes and the material was received in a timely manner.  She noted the following highlights of the Financial Report:

 

The financial Statements referred to above present fairly in all material respects, the respective financial position of the Town of Hypoluxo as of September 30, 2016. 
The total fund balance is $3.4 million with approximately $3.2 million in the General Fund.  Of the $3.2 million, there is approximately $3.1 million of available funds to spend.
There was approximately $94,002 in excess revenues for the general fund.
The notes for the financial statements did not change significantly with the exception of the long-term debt activity was changed to reflect the upcoming payoff of the two sewer assessment loans with the State of Florida in the amount of $410,000 approximately This is referenced in Notes 8 and 13. 
The Town’s expenditures were under budget by approximately $175,000. 
They determined the internal controls are appropriate and there were no weakness or deficiencies. 
There were no difficulties or disagreements with management or staff. 
 

Council member Roney moved to accept the Financial Report prepared by Grau and Associates for the September 30, 2016 Fiscal Year End.  Seconded by Council member Allen.  Vote:  Unanimous.

 

Budget – Comparison of Actual Expenditures and Income to Budget and Statement on Reserves.  No questions.

 

COMMENTS FROM COUNCIL MEMBERS

 

Council Member Doyle noted he has been investigating a sound wall along the railroad tracks along Federal Highway.

 

TOWN ATTORNEY –

 

Town Attorney Rubin noted a Resolution will be brought back to formalize the qualifying fees discussed earlier in the meeting.

 

TOWN CLERK – None.

 

MAYOR’S REPORT –   None.

 

COMMENTS FROM THE PUBLIC

 

Judy Maxwell expressed her belief the Town has the responsibility to maintain the roads, grassy areas and the seawalls in Hypoluxo Point.

 

Troy Schaaf questioned the ownership of the roadways in Hypoluxo Point and improvements to his property.

 

Attorney Rubin reiterated his previous statements that the Town does not own the property nor does it maintain the roadways.  In response to Mr. Schaaf, he did advise a building permit would be required to add pavers and suggested meeting with the building official to discuss.

 ADJOURNMENT- Mayor Brown adjourned the meeting at 8:45 P.M.
 

APPROVED THIS 17th DAY OF MAY, 2017.