Mayor Stewart, Vice Mayor Moorhouse, Vice Mayor Pro Tem Balfour, Councilmember Aridas and Councilmember Deringer.

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1 TOWN OF LANTANA REGULAR MEETING MINUTES June 9, ROLL CALL: Mayor Stewart called the regular meeting to order at 7:00 p.m. and Mrs. Trent called the roll. Mayor Stewart said we have lost two great people in our area and asked that during the moment of silent prayer, everyone remember the families of former Lake Worth High School classmate, David Walenius and Susan Spencer-Wendell who both passed away this week. He said Mrs. Spencer-Wendell was a long time reporter for the Palm Beach Post and she wrote a book about living life with the debilitating disease she eventually succumbed to; he said it actually makes you realize how great you have it. There was a moment of silent prayer followed by the Pledge of Allegiance to the flag. PRESENT: Mayor Stewart, Vice Mayor Moorhouse, Vice Mayor Pro Tem Balfour, Councilmember Aridas and Councilmember Deringer. ALSO PRESENT: Deborah S. Manzo, Town Manager; Mrs. Trent, Deputy Town Clerk; R. Max Lohman, Legal Counsel and approximately 70 spectators. 2. APPROVAL OF MINUTES: Councilmember Balfour made a motion to approve the regular meeting minutes of May 12, Councilmember Aridas seconded the motion. 3. AGENDA APPROVAL: Vice Mayor Moorhouse made a motion to approve the agenda as submitted. 4. STAFF AND COMMITTEE REPORTS: a. Presentation of the Police Department Employee of the Quarter Award. Chief Sean Scheller, Lantana Police, presented a plaque to Officer Peter Cummings for being nominated and selected as the Police Department employee of the 1st Quarter Officer Cummings was selected as a result of his participation and productivity during the Click It or Ticket enforcement campaign during the month of March and for being an active participant in representing the Lantana Police Department in several multi-agency initiatives including DUI saturation patrols throughout Palm Beach County. Chief Scheller introduced Officer Cummings father, Palm Beach County School Board Police Major Jim Cummings. Major Cummings thanked Chief Scheller and the Town for employing his son when he completed the Police Academy and said how proud he is of his son. 1

2 b. Discussion of the 2014 Legislative Session by Senator Jeff Clemens Mayor Stewart introduced Senator Clemens and explained his history of public service and his involvement in local issues. He said in the final realm, Senator Clemens was instrumental in having the Legislature realize there were only thirty patients being treated at the A.G. Holley hospital at an annual cost of over ten million dollars, which was a waste of resources. Senator Clemens thanked the Council for having him and explained how the Legislature works in the State of Florida and the Legislature s constitutional responsibilities and said that it was an interesting Session this year due to the upcoming gubernatorial election. He explained the past history between the Town and State regarding the A.G. Holley property and added that it was a good year for Palm Beach County and the Town of Lantana as the Legislature was able to secure one million dollars in the State budget for the A.G. Holley property as well as ten million dollars for quiet zones as it relates to the All Aboard Florida project. Councilmember Aridas and Councilmember Deringer expressed their appreciation to Senator Clemens for his local knowledge and the work he does in the community. Senator Clemens added that his office is in downtown Lake Worth and said please do not hesitate to contact him if anyone has State or Federal issues. c. Council Reports Councilmember Balfour said he attended the Town s Hurricane Safety Fair on June 7, 2014, at the Sports Complex. He said it was a successful event, but attendance was lower than expected and suggested that the Town have it in a different location next year. He said Town staff did a lot of work and should be commended. Mayor Stewart said he received a couple of requests. He said according to the Town code, residents are only allowed to have a garage sale two times per year and requested that any Councilmembers interested in changing the limit, inform the Town Manager. Also, Palm Beach County Fire Rescue has requested a letter of support and recommendation they can provide to another city in the area they are presently negotiating with. Mayor Stewart asked each Councilmember for their opinion and the consensus was to have the Town Manager write the requested letter of recommendation. There were no additional Council reports. d. Town Manager Report Town Manager Manzo said she had no report. 5. ORDINANCES AND RESOLUTIONS: a. Consideration of Ordinance No. O , amending the Comprehensive Plan text and future land use map in order to change the land use designation of a ±72.79-acre parcel, located at 1199 Lantana Road, from MI Mixed Use Industrial to MXD Mixed Use Development, such parcel being informally known as the A.G. Holley parcel. CASE CP Remarks: Public Hearing and First Reading Mayor Stewart introduced and explained this item on the agenda. Town Attorney Lohman read the ordinance title: ORDINANCE NO. O AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LANTANA, FLORIDA, ADOPTING AN AMENDMENT TO ITS COMPREHENSIVE DEVELOPMENT PLAN IN ACCORDANCE WITH THE MANDATES SET FORTH IN CHAPTER ET SEQ., FLORIDA STATUTES, PURSUANT

3 TO A PRIVATELY INITIATED APPLICATION NO. CPA , WHICH PROVIDES FOR AN AMENDMENT TO THE TOWN'S FUTURE LAND USE MAP DESIGNATING /- ACRES, MORE OR LESS, OF REAL PROPERTY AS MIXED USE DEVELOPMENT, WHICH PROPERTY IS LOCATED ON THE NORTH SIDE OF LANTANA ROAD, APPROXIMATELY 1,200 FEET EAST OF INTERSTATE 95, INFORMALLY KNOWN AS LANTANA COMMONS ; AND PROVDE FOR A TEXT AMENDMENT TO THE FUTURE LAND USE ELEMENT AT POLICY LU ; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mayor Stewart asked Council for disclosures. Vice Mayor Moorhouse said he spoke to the Town Manager. Councilmember Aridas said he spoke to four town residents and the Town Manager. Councilmember Deringer said he met with Ken Tuma and Michael Langolf, representatives of Southeast Legacy Investments, LLC and the Town Manager. Mayor Stewart said he spoke to residents, Chamber members, Town staff, and representatives from the Pan American Group, NAHA Holdings, Lennar Group, SE Legacy Investments, LLC, and Ken Tuma from Urban Kilday Studios. David Thatcher, Development Services Director commented and answered Council questions. Councilmember Balfour disclosed that he also met with Ken Tuma and Michael Langolf, representatives of Southeast Legacy Investments, LLC and the Town Manager. Ken Tuma, Urban Kilday Design Studios and Chris Heggen, Transportation Engineer, representing petitioner Southeast Legacy Investments, LLC, commented and answered questions from Council. Ken Tuma then made a power point presentation of future land use plans for the property and answered additional questions from Council. Richard Schlosberg, 417 S. Atlantic Drive and Erica Wald, 613 S. Atlantic Dr. commented on the agenda item. Mayor Stewart asked for additional public comment. Being none, he closed the public portion of the meeting. There was Council discussion. Ken Tuma answered Council questions and provided final comments on behalf of the developer. Councilmember Deringer made a motion to approve Ordinance No. O on first reading. Motion passed 3-2 (Nay Councilmember Aridas and Councilmember Moorhouse). *b. Consideration of Ordinance No. O , amending Sections 23-1 and of the Lantana Code of Ordinances and the Zoning map in order to change the zoning designation of a ± acre parcel, located at 1199 Lantana Road, from MI Mixed Use Industrial to MXD Mixed Use Development, such parcel being informally known as the A.G. Holley parcel. CASE RZ Remarks: Public Hearing and First Reading Mayor Stewart introduced and explained this item on the agenda. Town Attorney Lohman swore in four individuals for comment. Mayor Stewart asked Council for disclosures. Vice Mayor Moorhouse,Councilmember Aridas, and Councilmember Balfour said they had no additional disclosures. Town Attorney Lohman explained that the disclosures from the previous agenda item apply to this item as well. 3 Town Attorney Lohman read the ordinance title:

4 4 ORDINANCE NO. O AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LANTANA, FLORIDA, PROVIDING FOR THE REZONING OF CERTAIN REAL PROPERTY WITHIN THE CORPORATE LIMITS OF THE TOWN OF LANTANA, FLORIDA; WHICH REAL PROPERTY COMPRISING OF ± ACRES, MORE OR LESS, IN SIZE LOCATED ON THE NORTH SIDE OF LANTANA ROAD, APPROXIMATELY 1,200 FEET EAST OF INTERSTATE 95, INFORMALLY KNOWN AS LANTANA COMMONS ; PROVIDING THAT THIS PARCEL OF REAL PROPERTY WHICH IS MORE SPECIFICALLY DESCRIBED HEREIN SHALL BE ASSIGNED THE TOWN ZONING DESIGNATION OF MXD - MIXED USE DEVELOPMENT DISTRICT ; PROVIDING THAT THE ZONING MAP OF THE TOWN OF LANTANA BE AMENDED TO REFLECT THE PROPER DESIGNATION FOR THIS PARCEL OF PROPERTY; AND AMENDING CHAPTER 23. ZONING. AT ARTICLE I. IN GENERAL. AT SECTION DEFINTION OF TERMS. BY AMENDING THE DEFINITION SCHOOL PRIVATE IN ORDER TO PROVIDE FOR THE INCLUSION OF CHARTER SCHOOLS WITHIN THAT DEFINITION AND ADOPTING A NEW DEFINITION SCHOOL PUBLIC ; FURTHER AMENDING CHAPTER 23. AT ARTICLE V. DISTRICT REGULATIONS. BY AMENDING SECTION MXD MIXED USE DEVELOPMENT DISTRICT. AT SUBSECTION (b) PERMITTED USES. AND SUBSECTION (d) SPECIAL EXCEPTIONS. IN ORDER TO REVISE CERTAIN DEVELOPMENT REGULATIONS AND TO PROVIDE FOR THE SPECIAL EXCEPTION USE OF SCHOOLS CHARTER OR PRIVATE.; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. David Thatcher, Development Services Director; and Ken Tuma, representing the applicant, commented on the agenda item. Mayor Stewart asked for additional public comment. Being none, he closed the public portion of the meeting. Councilmember Deringer commented on the agenda item, then made a motion to approve Ordinance No. O on first reading. Ken Endelson, applicant, thanked the Council and said he is really excited about this project. Mayor Stewart commented and asked Mr. Endelson to name some of the local projects he has completed. Mr. Endelson described several high-end projects he has completed in the area. c. Consideration of Ordinance No. O , amending the Comprehensive Plan future land use map in order to change the land use designation of a ±10.03-acre property, located at 1400 South Dixie Hwy., from C1 - Commercial Low Density to MW - Waterfront Mixed Use, such property being informally known as the Cenacle property. CASE CP Remarks: Public Hearing and First Reading Mayor Stewart introduced and explained this item on the agenda and asked Council for disclosures. Vice Mayor Moorhouse said he spoke to the owner of the property and the Town Manager; Councilmember Aridas said he spoke to the Town Manager; Councilmember Balfour said he spoke

5 to the property owner and the Town Manager; Councilmember Deringer said he received several meeting requests and a phone call from the applicant, but chose not to speak or meet with them. Mayor Stewart disclosed that he spoke to the applicant, the applicant s attorney, Bonnie Miskel, several residents, including some from Boynton Beach, and Town staff. Town Attorney Lohman read the ordinance title: ORDINANCE NO. O AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LANTANA, FLORIDA, ADOPTING AN AMENDMENT TO ITS COMPREHENSIVE DEVELOPMENT PLAN IN ACCORDANCE WITH THE MANDATES SET FORTH IN CHAPTER 163, FLORIDA STATUTES, SPECIFICALLY SECTION , FLORIDA STATUTES, PURSUANT TO PRIVATELY INITIATED APPLICATION NO. CPA , WHICH PROVIDES FOR AN AMENDMENT TO THE TOWN'S FUTURE LAND USE MAP DESIGNATING ONE (1) PARCEL OF REAL PROPERTY COMPRISING A TOTAL OF 10.03± ACRES, MORE OR LESS, AS WATERFRONT MIXED USE ; SUCH PARCEL OF LAND IS LOCATED ON DIXIE HIGHWAY JUST NORTH OF HYPOLUXO ROAD WITH A STREET ADDRESS OF 1400 SOUTH DIXIE HIGHWAY, INFORMALLY KNOWN AS THE AURA SEASIDE ; PROVIDING FOR COMPLIANCE WITH ALL REQUIREMENTS OF CHAPTER 163, FLORIDA STATUTES; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. David Thatcher, Development Services Director, commented on the agenda item. Bonnie Miskel,Esq.; representing the applicant, Trinsic Residential Group, made a presentation of future land use plans for the property. Walter Duke, 2860 Marina Mile, Ft. Lauderdale, then commented. Vice Mayor Moorhouse made a motion to receive Exhibit B from Walter Duke. Councilmember Aridas seconded the motion. The Deputy Town Clerk received the exhibit from Mr. Duke which was information about market conditions and economic trends in Palm Beach County. Mr. Duke then gave a presentation. Afterwards, there were comments from Al Malefatto, Esq. 515 N. Flagler Dr., West Palm Beach, on behalf of the owners of the property. Vice Mayor Moorhouse made a motion to receive a file from Mr. Malefatto. The file that Mr. Malefatto submitted to Council contained letters in support of the project from the owners of the subject property and area residents. There were additional comments by Al Malefatto, Esq.; Jennifer Anderson, 130 Sterns St.; Stanley Gordon, 1101 S. Dixie Hwy.; Ron Washam, representing the Greater Lantana Chamber of Commerce, 212 Iris St.; and Richard Schlosberg, 417 S. Atlantic Dr. 5

6 Councilmember Aridas called a Point of Order as Mr. Schlosberg s comments continued beyond three minutes. Mayor Stewart asked Council for a motion regarding additional time for Mr. Schlosberg s comments and there was none. Mayor Stewart then asked Mr. Schlosberg to make his point and end his comments. Mr. Schlosberg concluded his remarks. Mayor Stewart asked for final comments and made a statement for the record that there were some statements made over the last few minutes regarding past zoning that were incorrect. He said the property was never designated for P for Public ; it was never in the public s hands. Bonnie Miskel, Esq. made final comments on behalf of the applicant and answered Council questions. Mayor Stewart asked for additional public comment. Being none, he closed the public portion of the meeting. There were additional comments by Mayor Stewart, Al Malefatto, Esq., Vice Mayor Moorhouse, Bonnie Miskel, Esq. and Town Attorney Lohman. Vice Mayor Moorhouse made a motion to approve Ordinance No. O on first reading. Councilmember Aridas seconded the motion. Motion passed 4-1 (Nay - Mayor Stewart). *d. Consideration of Ordinance No. O , amending the Zoning Map in order to change the zoning designation of a ±10.03-acre property, located at 1400 South Dixie Hwy., from C1 - Commercial Low Density to MW - Waterfront Mixed Use, such property being informally known as the Cenacle property. CASE RZ Remarks: Public Hearing and First Reading Mayor Stewart introduced and explained this item on the agenda. Town Attorney Lohman swore in four individuals for comment. Mayor Stewart asked Council for disclosures. Vice Mayor Moorhouse, Councilmember Aridas, Councilmember Balfour, and Councilmember Deringer said they had no additional disclosures. Mayor Stewart said his disclosures were the same as before. Town Attorney Lohman explained that the disclosures from the previous item apply to this item as well. Town Attorney Lohman then read the ordinance title ORDINANCE NO. O AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LANTANA, FLORIDA, PROVIDING FOR THE REZONING OF CERTAIN REAL PROPERTY WITHIN THE CORPORATE LIMITS OF THE TOWN OF LANTANA, FLORIDA; WHICH PROPERTY CONSISTS OF ONE (1) PARCEL OF REAL PROPERTY COMPRISING ± ACRES, MORE OR LESS, IN SIZE LOCATED ON SOUTH DIXIE HIGHWAY JUST NORTH OF HYPOLUXO ROAD WITH A STREET ADDRESS OF 1400 SOUTH DIXIE HIGHWAY, INFORMALLY KNOWN AS THE AURA SEASIDE ; PROVIDING THAT THIS PARCEL OF REAL PROPERTY WHICH IS MORE SPECIFICALLY DESCRIBED HEREIN SHALL BE ASSIGNED THE TOWN ZONING DESIGNATION OF M/W WATERFRONT MIXED USE DISTRICT ; PROVIDING THAT THE ZONING MAP OF THE TOWN OF LANTANA

7 BE AMENDED TO REFLECT THE PROPER DESIGNATION FOR THIS PARCEL OF PROPERTY; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Town Attorney Lohman further explained the ordinance. David Thatcher, Development Services Director and Bonnie Miskel, Esq. commented on the agenda item and answered questions from the Council, followed by Richard Schlosberg, 417 S. Atlantic Dr. Mayor Stewart asked for additional public comment. Being none, he closed the public portion of the meeting. Bonnie Miskel, Esq. made final comments on behalf of the applicant and answered Council questions. There was Council discussion. Vice Mayor Moorhouse made a motion to approve Ordinance No. O on first reading. Councilmember Aridas seconded the motion. Motion passed 4-1 (Nay - Mayor Stewart). e. Consideration of Ordinance No. O , amending Chapter 21 in order to establish a Readiness to Serve Fee and increasing the annual rate adjustment to 100% of the Consumer Price Index. Remarks: First Reading Mayor Stewart introduced and explained this item on the agenda. Town Attorney Lohman read the ordinance title: ORDINANCE NO. O AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LANTANA, FLORIDA, AMENDING CHAPTER 21. UTILITIES. OF THE CODE OF ORDINANCES OF THE TOWN OF LANTANA AT SECTION DEFINITIONS. BY ADOPTING THE NEW DEFINITION READINESS TO SERVE CHARGE ; FURTHER AMENDING CHAPTER 21. AT ARTICLE II. WATER AND WASTEWATER RATES AND CHARGES. BY REPELAING SUBSECTIONS 21-17(b) AND (c), AND READOPTING SAME, AS REVISED IN ORDER TO ESTABLISH A READINESS TO SERVE CHARGE AND TO LINK THE ANNUAL RATE ADJUSTMENT TO THE CONSUMER PRICE INDEX; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 21. UTILITIES. SHALL REMAIN THE SAME AS PREVIOUSLY ENACTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. No one from the public commented on the agenda item and there was no Council discussion. Councilmember Aridas made a motion to approve Ordinance No. O on first reading. Vice Mayor Moorhouse seconded the motion. 7

8 6. MISCELLANEOUS: * a. Consideration of a variance request relative to Sec (j)(1) of the Lantana Code of Ordinances to allow a fence, six (6) feet in height, along with a vehicular gate, six (6) feet in height and associated supporting posts to be located in the front setback where the code limits fences to a height of four (4) feet on the property located at 322 N. Atlantic Drive in the R1A residential zoning district. CASE VAR Mayor Stewart introduced and explained this item on the agenda. Town Attorney Lohman swore in three individuals for comment. Mayor Stewart asked Council for disclosures. He said he spoke to Town staff and residents. There were no other disclosures from Council. The following individuals from the public commented on the agenda item: David Thatcher, Development Services Director; Roger Janssen, 400 Clematis St., West Palm Beach, representing the applicant; and Richard Schlosberg, 417 S. Atlantic Dr. Mayor Stewart asked for additional public comment. Being none, he closed the public portion of the meeting. David Thatcher, Development Services Director and Roger Janssen, representing the applicant, commented on the agenda item. There was Council discussion. There were additional comments from David Thatcher, Development Services Director and Roger Janssen, representing the applicant. Councilmember Deringer made a motion to postpone the agenda item to a time certain of July 14, 2014 to give applicant time to reconsider his request. Mayor Stewart requested that the Town Manager instruct David Thatcher, Development Services Director, to go to the applicant s property and confirm existing structures. b. Update on traffic count on South Lake Drive. Mayor Stewart introduced and explained this item on the agenda. Alfred Brody, 114 S. Lake Dr. and Sandy Picone, 122 S. Lake Dr. commented on the agenda item. There was Council discussion. There were further comments from Alfred Brody, 114 S. Lake Dr. Vice Mayor Moorhouse made a motion to direct the Town Manager and staff to work with residents in order to come up with the proper solution for resolving their dilemma. 8 Councilmember Aridas seconded the motion.

9 There was further Council discussion. Motion passed 4-1 (Nay - Councilmember Deringer). c. Consideration of a sole source agreement with Xylem, Inc., for Wastewater and Storm Water Lift Stations pumps and a control Panel in an amount not to exceed $36, Mayor Stewart introduced and explained this item on the agenda. Jerry Darr, Utilities Director, answered questions from Mayor Stewart and Town Manager Manzo provided information to Council regarding the agenda item. There was further Council discussion. Vice Mayor Moorhouse made a motion to approve a sole source agreement with Xylem, Inc. for VFD Control Panel, installation and programming in an amount not to exceed $36, and authorize the Town Manager to execute same and any amendments thereto. d. Discussion of and consideration of the installation of Palm Beach County Palm Tran Bus Shelters. Mayor Stewart introduced and explained this item on the agenda. There was Council discussion. Town Manager Manzo provided additional information regarding costs associated with town-owned bus shelters and answered Council questions. Vice Mayor Moorhouse made a motion to allow the Town Manager to work with Palm Beach County in order to do a combination of Palm Tran and town-owned bus shelters. 7. STATEMENTS FROM THE PUBLIC: No one from the public commented. 8. ITEMS FOR FUTURE AGENDAS (subject to change) June 23, 2014 Council Budget Workshop at 5:30 p.m. Consideration of Ordinance No. O , establishing a Readiness to Serve Fee and CPI. Remarks: Public Hearing and Second Reading Consideration of Resolution No. R , amending the Town fee schedule. Employee Service Awards Discussion of the Sea Pines Neighborhood Drainage System Evaluation Report 9. COUNCIL COMMENTS: There were no additional comments from Council. 9

10 10. ADJOURNMENT: The motion was made and carried unanimously. There being no further discussion, the meeting adjourned at 11:01 p.m. Aye Nay Mayor Stewart Vice Mayor Moorhouse Councilmember Aridas Councilmember Balfour ATTEST: Councilmember Deringer Town Clerk 10