TOWN OF HYPOLUXO
MINUTES
REGULAR TOWN COUNCIL MEETING
Al Merion Council Chamber
Wednesday, July 15, 2009
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
ANNOUNCEMENTS
Mayor Schultz introduced new night shift Officer Troy Schaaf who also is a resident of the town.
COMMENTS FROM MEMBERS OF THE PUBLIC
Edward Kovach, 167 Neptune Drive and part owner with Mark Albright, 152 Neptune Drive, of Waterside Business Centre at 7570 S. Federal Highway, asked council to revisit permitted uses in the Commercial, Office, Institutional Zoning District. Due to current economic conditions it is difficult to find suitable tenants that meet the zoning criteria.
Mr. Kovach agreed to Mayor Schultz’s suggestion to meet with staff to review current uses and to propose other suitable uses that could then be brought to the town council for review at the next meeting.
Diane McWhorter, 161 Neptune Drive, explained her proposal to provide music lessons at the location if zoning would permit.
CONSENT AGENDA
Vice Mayor Brown moved approval of the Consent Agenda as follows: Minutes of the Town Council Meeting held June 17, 2009. Seconded by Ms. Miller. Vote: Unanimous.
PUBLIC HEARINGS
Conditional Use Application submitted by Guided Path Academy to operate a charter school on a portion of the property located at 125 Hypoluxo Road
Mayor Schultz announced the applicant withdrew the request.
ORDINANCES AND RESOLUTIONS
Ordinance No. 173 – Amending the Town Code of Ordinances, Section 28-41 “Residential Single-Family”, to modify the development criteria relating to Maximum Lot Coverage, Second Story Floor Area and Roofs. (First Reading)
Attorney Rubin read Ordinance No. 173 by title only.
Ms. Miller moved approval of Ordinance No. 173 on first reading. Seconded by Mr. Monahan.
Mr. Rubin reported the Planning and Zoning Board’s recommendation for approval of Ordinance No. 173.
The public portion of the hearing was opened.
David Karpinia, 121 Lucina Drive, stated his opposition to the ordinance citing difficulties encountered by other municipalities enforcing similar ordinances and various other legal opinions.
Steve Varga, 165 Lucina Drive, said as a property owner of one of the larger lots that he would lose a larger percentage of buildable space than a smaller lot owner would. He is opposed to the ordinance.
The public portion of the hearing was closed.
Vice Mayor Brown suggested that the property owners of the single family areas become involved to decide what types of houses they would like to see in their communities. The town could then consider their suggestions.
Vice Mayor Brown moved to table the ordinance. Vote: Unanimous.
Ordinance No. 174 – Amending the Town Code of Ordinances, Section 28- 98 “Mobile Home Parks”, to Allow a Limited Number of Travel Trailers within Mobile Home Parks Subject to specified Conditions. (First Reading)
Attorney Rubin read Ordinance No. 174 by title only.
Mr. Monahan moved approval of Ordinance No. 174 on first reading. Seconded by Mr. Smith.
Mr. Rubin reported the Planning and Zoning Board’s recommendation for approval of Ordinance No. 174.
The public portion of the hearing was opened.
Lorraine Peck, 61 Relaxed Circle, requested the requirement that no two travel trailers be placed adjacent to or immediately across from any other be removed from the conditions. Some of the vacant lots are located in this proximity.
Mr. Rubin said rationale had been to avoid the appearance of a Recreational Vehicle (RV) Park.
The public portion of the hearing was closed.
Ms. Miller moved to eliminate Sec. 28-98 (c) (2) the proximity requirement. Seconded by Bill Smith. Vote: Unanimous
Council discussion included:
· Verified the ordinance will sunset next year
· Questioned who would be responsible to move an RV if the owners were out of town at the time a storm watch is issued. Ms. Peck responded that other residents would be capable of moving it.
· Limiting the time frame to months not in the hurricane season would make the situation unlikely to occur.
Mayor Schultz called the question to approved Ordinance No. 174 on first reading as amended. Vote: Unanimous.
DISCUSSION ITEMS
Selection of public hearings dates for the Town of Hypoluxo’s fiscal year 2009/2010 Budget & Millage Rate
Ms. Miller moved to set September 16th and September 30th at 7:00 p.m. as Budget Hearing dates. Seconded by Vice Mayor Brown. Vote: Unanimous
Selection of a Tentative Millage Rate for the Town of Hypoluxo’s fiscal year 2009/2010
Staff proposes a tentative millage rate of 3.3500 that would generate the same amount of money as this year. The amount can and probably will be reduced during the budget hearings. If increased a special notice must be mailed to all property owners. It is an increase of 14% to the millage rate but no one would pay substantially more in taxes due to the 14% decrease in property values.
Mr. Monahan moved to adopt a tentative millage rate of 3.3500. Seconded by Mr. Smith.
In response to a question from Robert McGill, 154 Neptune Drive, Mayor Schultz explained a proposed budget will be distributed at the August meeting. At that time the council will decide what capital projects, if any, they would like to consider. They also will decide if a workshop meeting is necessary prior to the Sept. public hearings.
Mayor Schultz called the question. Vote: Unanimous
INFORMATION ITEMS & REPORTS
Budget – Comparison of Actual Expenditures and Income to Budget and Statement on Reserves – No comments.
COMMENTS
Council Members
Mr. Roney thanked the town for the opportunity to attend the Institute for Elected Municipal Officials (IEMO), which was very informative. He said the Cenacle project in Lantana is back on track. If the project is not completed the zoning will revert to residential.
Mr. Smith also thanked the town and said the IEMO was outstanding and should be a required course for all newly elected officials.
Ms. Miller suggested leaving the scrub entranceway open later next July 4th for viewing of fireworks by residents, in response to a constituent’s complaint about having to leave the entranceway structure from which they had hoped to watch neighboring towns fireworks.
Town Attorney
Mr. Rubin said the Waterside agreement was taking longer than anticipated. A draft agreement had just been received and he hoped it would be ready by the August meeting.
Town Clerk
Ms. Ross asked council to stay to sign the ordinance.
Deputy Town Clerk
Ms. Fick noted recent legislation that was signed by the Governor extending open building permits and development orders for two years.
Mayor
Mayor Schultz reported:
· A new accreditation plaque for the Lantana Police Department is now hanging in the Council Chamber
· Hypoluxo Scrub Entranceway structure will be closed for staining July 27 through August 7
· He plans to meet with the presidents of homeowners’ associations in small groups of two (2) or three (3) to discuss the proposed gate access systems in more detail.
· Mock, Roos has completed its study of Manalapan water pressure. Meetings are planned to determine what interlocal agreements are needed to alleviate low pressure problems at the south end of Hypoluxo.
Comments from the Public – None
ADJOURNMENT – Mayor Schultz adjourned the meeting at 7:57 p.m.
APPROVED THIS ______DAY OF ______, 2009.
ATTEST: ATTEST:
Kenneth M. Schultz, Mayor Barbara Searls Ross, Town Clerk
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