TOWN OF LANTANA REGULAR MEETING MINUTES March 27, 2017

Transcription

1 TOWN OF LANTANA REGULAR MEETING MINUTES March 27, ROLL CALL: Mayor Stewart called the meeting to order at 7:00 p.m. and Mrs. Dritz called the roll. There was a moment of silent prayer followed by the Pledge of Allegiance to the flag. Mayor Stewart asked that Jay Preefer and the Vice Mayor of South Palm Beach, Dr. Joseph Flagello be remembered. PRESENT: Mayor Stewart, Vice Mayor Aridas, Councilmember Balfour, Councilmember Moorhouse, and Councilmember Shropshire. ALSO PRESENT: Deborah S. Manzo, Town Manager; Mrs. Dritz, Town Clerk; R. Max Lohman, Legal Counsel and approximately 35 spectators. 2. OATH OF OFFICE AND INSTALLATION: Attorney Lohman administered the oath of office to Councilmember Shropshire (Group 3). He then administered the oath of office to Vice Mayor Aridas (Group 4). 3. COUNCIL REORGANIZATION: Mayor Stewart introduced this item on the agenda. There was Council Discussion Vice Mayor and Vice Mayor Pro Tem Vice Mayor Aridas made a motion to appoint Councilmember Moorhouse as Vice Mayor and Councilmember Balfour as Vice Mayor Pro Tem. Motion passes 5-0 Appointments for other Councilmembers assignments: There was discussion regarding the existing Councilmember assignments. The following motions were made in regards to 2017 Council Responsibilities: By consensus, the Council kept Mayor Stewart as the voting member for the FLC and PBCFLC with the Town Manager as the alternate. Councilmember Aridas made a motion to remove IPARC from the list of Council responsibilities. Vice Mayor Moorhouse seconded the motion. Councilmember Balfour made a motion to continue to have Councilmember Balfour assigned to the Friends of the Library with Mayor Stewart as an alternate. Town Council Meeting March 27, 2017 Page 1

2 Vice Mayor Moorhouse made a motion to continue to have Councilmember Aridas assigned to the Education Council, with Councilmember Shropshire as the alternate. Vice Mayor Moorhouse made a motion to remove the Nature Preserve from the list of Council responsibilities. Vice Mayor Moorhouse made a motion to assign the Town Manager to Beaches and Shores with Vice Mayor Moorhouse as an alternate. Councilmember Balfour made a motion to assign Mayor Stewart to the Lantana Middle School and Lantana Elementary School with Councilmember Balfour as an alternate. Councilmember Aridas made a motion to remove the Chamber of Commerce from the list of Council responsibilities. Councilmember Aridas made a motion to remove CNEP from the list of Council responsibilities. Vice Mayor Moorhouse made a motion to continue to have Vice Mayor Moorhouse assigned to the Library Foundation. Councilmember Shropshire seconded the motion. Town Council Meeting March 27, 2017 Page 2

3 Vice Mayor Moorhouse made a motion to assign Councilmember Shropshire to the Historical Society with Mayor Stewart as an alternate. Councilmember Aridas made a motion to continue to have Mayor Stewart assigned to the Gold Coast League with Vice Mayor Moorhouse as an alternate. Councilmember Aridas made a motion to remove Kiwanis from the list of Council responsibilities. After the above mentioned motions, the 2017 Council responsibilities are as follows: PBCLC FLC Friends of the Library Education Council Beaches & Shores Lantana Elementary Lantana Middle Historical Society Library Foundation Gold Coast League David J. Stewart All Council, Town Manager alt. Malcolm Balfour David J. Stewart, alt. (all Council & Town Manager 2 nd alt.) Philip J. Aridas Edward Paul Shropshire, alt. (all Council & Town Manager 2 nd alt.) Town Manager Lynn J. Moorhouse, alt. (all Council 2 nd alt.) David J. Stewart Malcolm Balfour, alt. (all Council & Town Manager 2 nd alt.) David J. Stewart Malcolm Balfour, alt. (all Council & Town Manager 2 nd alt.) Edward Paul Shropshire David J. Stewart, alt. (all Council & Town Manager 2 nd alt.) Lynn J. Moorhouse (all Council & Town Manager 2 nd alt.) David J. Stewart Lynn J. Moorhouse, alt. (all Council & Town Manager 2 nd alt.) 4. ADJOURNMENT: The motion was made and carried unanimously. There being no further discussion, the meeting adjourned at 7:22 p.m. Town Council Meeting March 27, 2017 Page 3

4 1. ROLL CALL: Mrs. Dritz called the roll for the regular meeting. PRESENT: Mayor Stewart, Vice Mayor Moorhouse, Councilmember Aridas, Councilmember Balfour, and Councilmember Shropshire. ALSO PRESENT: Deborah S. Manzo, Town Manager; Mrs. Dritz, Town Clerk; R. Max Lohman, Legal Counsel and approximately 35 spectators. 2. APPROVAL OF MINUTES: Councilmember Balfour made a motion to approve the regular meeting minutes of March 13, AGENDA APPROVAL: Councilmember Aridas made a motion to approve the agenda as submitted. Vice Mayor Moorhouse seconded the motion. 4. STAFF AND COMMITTEE REPORTS: a. Council Reports Councilmember Balfour stated that he likes the idea of little libraries around town and in the parks similar to what Lake Worth has recently implemented. Councilmember Shropshire stated he attended the Enjoy Lantana! event, Concert in the Park on March 24 th. He expressed his thanks to Town staff for a job well done. b. Town Manager Report Town Manager Manzo stated the Police Department played a basketball game with the Palm Beach Maritime Academy and it was a success. She asked Chief Scheller to report on two items. Chief Scheller stated that there will be a free drug disposal on DATE HERE and details on the expected traffic congestion on Ocean Avenue and A1A on April 6 th and 7 th. c. Proclamation declaring April 2017 as Water Conservation Month in Lantana. Mayor Stewart read a proclamation declaring April 2017 as Water Conservation Month. d. Proclamation recognizing April 23-29, 2017 as National Volunteer Appreciation Week. Mayor Stewart read and presented Teresa Wilhelm a proclamation for Volunteer Appreciation Week. Town Council Meeting March 27, 2017 Page 4

5 5. ORDINANCES AND RESOLUTIONS: a. Consideration of Resolution R to implement performance measures related to eligibility in the National Flood Insurance Program s Community Rating System. Mayor Stewart introduced and explained this item on the agenda and asked for Council disclosures. There were no Council disclosures. Town Attorney Lohman read the resolution title: RESOLUTION R A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LANTANA, FLORIDA IMPLEMENTING PERFORMANCE MEASURES RELATED TO THE COMMUNITY RATING SYSTEM (CRS) FOR THE NATIONAL FLOOD INSURANCE PROGRAM (NFIP); PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. There were no individuals from the public who commented on the agenda item. Vice Mayor Moorhouse made a motion to approve Resolution R b. Consideration of Ordinance No. O , amending Chapter 14 Personnel of the Lantana Code of Ordinances regarding the Police Relief and Pension Fund, implementing the collectively bargained changes to the Pension Plan. Remarks: Second and Final Reading Mayor Stewart introduced and explained this item on the agenda and asked for Council disclosures. Councilmember Shropshire stated he served on the Police Relief and Pension Fund. There were no other disclosures. Town Attorney Lohman read the resolution title: ORDINANCE NO. O AN ORDINANCE OF THE TOWN OF LANTANA, FLORIDA, AMENDING CHAPTER 14. PERSONNEL. AT ARTICLE IV. PENSIONS AND RETIREMENT. AT DIVISION 2. POLICE RELIEF AND PENSION FUND. BY AMENDING SECTION SUBSECTION (b)(1) TO ALLOW FOR ALLOCATION OF STATE FUNDS; AMENDING SUBSECTION BENEFITS. TO ALLOW FOR AMENDMENTS TO IN-THE-LINE-OF-DUTY AND NON-DUTY DISABILITY BENEFITS AND MONTHLY SUPPLEMENT Town Council Meeting March 27, 2017 Page 5

6 BENEFITS; AMENDING SECTION ALLOWING A RETIREE TO CHANGE THE JOINT ANNUITANT UP TO TWICE IN ACCORDANCE WITH SECTION , FLORIDA STATUTES; AMENDING SECTION TO LIMIT MONTHLY SUPPLEMENTAL BENEFIT TO A MAXIMUM BENEFIT OF $ FOR RETIREMENTS AFTER EFFECTIVE DATE; AMENDING SECTION COST OF LIVING ADJUSTMENTS. TO CREATE ANNUAL CPI COLA WITH MAXIMUM OF 2.5% FOR POLICE OFFICERS RETIRING AFTER SEPTEMBER 30, 2017 AND CURRENT POLICE OFFICERS IN THE DROP AND ELIMINATING ELIGIBILITY FOR ACTUARIAL BASED COLA FOR POLICE OFFICERS WHO RETIRED AND TERMINATED EMPLOYMENT BEFORE SEPTEMBER 30, 2017; ADDING A NEW SECTION SHARE PLAN.; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. There were no individuals from the public who commented on the agenda item. Vice Mayor Moorhouse made a motion to approve Ordinance No. O on second reading. c. Consideration of Ordinance O providing exemptions to site clearing permit requirements. Remarks: Second and Final Reading Mayor Stewart introduced and explained this item on the agenda and asked for Council disclosures. There were no Council disclosures. Town Attorney Lohman read the resolution title: ORDINANCE NO. O AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LANTANA, FLORIDA, AMENDING CHAPTER LANDSCAPING. AT ARTICLE II. VEGETATION PROTECTION AND PRESERVATION. AT SEC PERMITS; PROTECTED TREES; SITE CLEARING. BY ADOPTING A NEW SUBSECTION (b)(3) IN ORDER TO PROVIDE EXEMPTIONS TO THE REQUIREMENTS FOR SITE CLEARING FOR MIXED USED DEVELOPMENTS; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB-SECTION OF CHAPTER 10.5 LANDSCAPING. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Town Council Meeting March 27, 2017 Page 6

7 Richard Schlosberg, 417 S. Atlantic Drive There was Council discussion. Councilmember Aridas made a motion to approve Ordinance No. O on second reading. Vice Mayor Moorhouse seconded the motion. d. Consideration of Ordinance No. O for a moratorium on the operation of medical marijuana treatment centers and licensed dispensing organizations with the Town for a period of one (1) year. Remarks: Second and Final Reading Mayor Stewart introduced and explained this item on the agenda and asked for Council disclosures. Mayor Stewart disclosed that he spoke with Jeff Sluggett, Dr. Harrison and Senator Jeff Clemens. There were no other Council disclosures. Town Attorney Lohman read the resolution title: ORDINANCE NO. O AN ORDINANCE OF THE TOWN OF LANTANA, FLORIDA, IMPOSING A TEMPORARY MORATORIUM ON THE OPERATION OF MEDICAL MARIJUANA TREATMENT CENTERS AND LICENSED DISPENSING ORGANIZATIONS WITHIN THE TOWN FOR A PERIOD OF ONE (1) YEAR UNLESS RESCINDED, OR EXTENDED, OR BY A SUBSEQUENT AMENDMENT TO THE TOWN S LAND DEVELOPMENT REGULATIONS REGARDING THE REGULATION OF MARIJUANA TREATMENT CENTERS AND LICENSED DISPENSING ORGANIZATIONS; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN IMMEDIATE EFFECTIVE DATE, A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Catherine Skervin, 1307 Southwinds Drive There was Council discussion. Councilmember Aridas made a motion to approve Ordinance No. O on second reading. Vice Mayor Moorhouse seconded the motion. e. Consideration of Ordinance No. O to amend the municipal election qualifying dates in order to comply with the deadline for vote-by-mail ballots as established by the Division of Elections and the Supervisor of Elections. Remarks: First Reading Town Council Meeting March 27, 2017 Page 7

8 Mayor Stewart introduced and explained this item on the agenda and asked for Council disclosures. There were no Council disclosures. Town Attorney Lohman read the resolution title: ORDINANCE NO. O AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LANTANA, FLORIDA, AMENDING CHAPTER 7. ELECTIONS OF THE CODE OF ORDINANCES OF THE TOWN OF LANTANA AT SECTION 7-1. QUALIFICATIONS AND SELECTION OF CANDIDATES; CANDIDATE VACANCIES. BY REPEALING AND READOPTING SAME, AS REVISED IN ORDER TO CHANGE THE QUALIFYING DATES FOR MUNICIPAL ELECTIONS TO COMPLY WITH VOTE-BY-MAIL BALLOT REQUIREMENTS; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF THE CHAPTER 7. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. There were no individuals from the public who commented on the agenda item. Councilmember Aridas made a motion to approve Ordinance No. O on first reading. Vice Mayor Aridas seconded the motion. 6. MISCELLANEOUS: a. Consideration of appointment to the Greater Lantana School Community Education Council. There were no individuals from the public who commented on the agenda item. Councilmember Balfour made a motion to appoint Mr. Greg Ganim to the Lantana Education Council as the Lantana Chamber of Commerce representative to fill the unexpired term ending on August 8, b. Consideration of appointments of the Chair and Vice Chair positions to the Greater Lantana School Community Education Council. Mayor Stewart introduced and explained this item on the agenda and asked Council for disclosures. Town Council Meeting March 27, 2017 Page 8

9 There were no Council disclosures. Teresa Wilhelm, 1321 Palermo Way. Vice Mayor Moorhouse made a motion to appoint Lyn Tate as Chair and Teresa Wilhelm as Vice Chair of the Greater Lantana School Community Education Council. c. SE Consideration of a request to modify the previously approved Special Exception (SE and SE ) for Water Tower Commons located at 1199 W. Lantana Road. Mayor Stewart stated that he received a letter from Daniel Lewis but he cannot legally read it into the record. Attorney Lohman swore in 14 people who wish to speak on this agenda item. Mayor Stewart introduced and explained the next 5 items on the agenda and asked Council for disclosures. Vice Mayor Moorhouse stated that he spoke with the Town Manager, residents, the Town Attorney and members of the Chamber. Councilmember Aridas stated he spoke with the Town Manager. Councilmember Balfour and Councilmember Shropshire stated they spoke with the Town Manager and Dave Arm. Mayor Stewart stated he spoke with the Town Manager, Dave Arm, residents, Mike Langoff, County Commissioner Mack Bernard, Ken Endelson and Chief Scheller. Arini Wiryomartono, Community Planner, gave recommendations from the Plan Review Committee and the Planning Commission. Ken Tuma, Urban Design Kilday Studios, gave an overview of the requests. Ken Tuma answered questions from Council. Richard Schlosberg, 417 S. Atlantic Drive, David Arm, Greater Lantana Chamber of Commerce, 212 Iris Avenue. Catherine Skervin, 1307 Southwinds Drive. Ken Tuma answered questions from Council. There was Council discussion. Gabe Massa, MMA Architects answered questions from Council regarding a monument sign. Attorney Lohman stated there was some misinformation in the applicant s application and suggested that the Town Council ensure the applicant clarifies what type of development they anticipate as future development. Councilmember Balfour made a motion to receive and file photos depicting the proposed monument sign. Town Council Meeting March 27, 2017 Page 9

10 Councilmember Moorhouse seconded the motion. Vice Mayor Moorhouse made a motion to approve the request in Case SE in order to modify the previously approved Special Exception Order SE for the Water Tower Commons development located at 1199 Lantana Road in the MXD Mixed Use Development zoning district as per the submitted plan, with the conditions of the 3.36 acres to be designated as future development not specifically commercial or residential. Motion passed 4-1 (Nay- Councilmember Balfour) d. SP Consideration of a request to modify the previously approved Site Plan (SP and SP ) for the commercial phase of Water Tower Commons located at 1199 W. Lantana Road. Mayor Stewart asked Council for any additional disclosures. There were no additional Council disclosures. Ken Tuma stated the pod indicated as future development is intended to be flexible development and gave an overview of this request. Richard Schlosberg, 417 S. Atlantic Drive, Catherine Skervin, 1307 Southwinds Drive. There was Council discussion. Vice Mayor Moorhouse made a motion to approve the request in SP in order to modify the previously approved Site Plan Approval SP and SP for the Water Tower Commons development located at 1199 W. Lantana Road in the MXD Mixed Use Development zoning district as per the submitted plan. e. SP Consideration of Site Plan approval for the Residential phase for Water Tower Commons located at 1199 W. Lantana Road. Mayor Stewart explained this item on the agenda. Ken Tuma requested that this item be postponed to the April 24, 2017 meeting as well as item 6f. Richard Schlosberg, 417 S. Atlantic Drive. Councilmember Balfour move to postpone the request for SP to the April 24, 2017 Town Council Meeting, at the applicant s request. Town Council Meeting March 27, 2017 Page 10

11 f. LP Consideration of the request to modify the previously approved landscape plan (LP ) for the commercial phase of Water Tower Commons located at 1199 W. Lantana Road. Mayor Stewart introduced and explained this item on the agenda. Ken Tuma gave a brief overview of the request and answered questions from Council. Sandra Megrue, Urban Design Kilday, answered questions from Council. Richard Schlosberg, 417 S. Atlantic Drive There was Council discussion. Vice Mayor Moorhouse made a motion to approve the request in LP in order to modify the previously approved Landscape Plan for the commercial area of the Water Tower Commons development located at 1199 W. Lantana Road in the MXD Mixed Use Development zoning district as per submitted plan. g. LP Consideration of a request to approve a landscape plan application for the proposed residential phase for Water Tower Commons located at 1199 W. Lantana Road. Mayor Stewart introduced and explained this item. Ken Tuma asked that this item be postpone to the April 24, 2017 meeting. Richard Schlosberg, 417 S. Atlantic Drive Councilmember Aridas made a motion to postpone the request for LP to the April 24, 2017 Town Council Meeting, at the applicants request. Councilmember Shropshire seconded the motion. h. Consideration of an agreement with Zambelli Fireworks Manufacturing Company for the July 4, 2017 fireworks display in an amount not to exceed $30, Mayor Stewart introduced and explained this item on the agenda and asked Council for disclosures. There were no Council disclosures. Town Council Meeting March 27, 2017 Page 11

12 There were no individuals from the public who commented on the agenda item. There was Council discussion. Councilmember Aridas made a motion to approve the agreement with Zambelli Fireworks Manufacturing Company for the July 4, 2017, fireworks display in an amount not to exceed $30, and authorize the Town Manager to execute the contract and any amendments thereto. i. Consideration of accepting a Scholarship Award from the Florida Floodplain Managers Association (FFMA) in order for the Community Planner to accept paid travel expenses and attend the FFMA 2017 Conference scheduled for April 4-6, Mayor Stewart introduced and explained this item on the agenda. There were no individuals from the public who commented on the agenda item. Councilmember Balfour made a motion to waive the prohibition of accepting Florida Floodplain Managers Association (FFMA) scholarship for the Community Planner to attend the FEMA 2017 Conference. 7. STATEMENTS FROM THE PUBLIC: Richard Schlosberg, 417 S. Atlantic Drive, expressed concerns with the approved Site Clearing Ordinance. 8. ITEMS FOR FUTURE AGENDAS (subject to change) April 24, 2017 Consideration of first reading of Ordinance No. O amending Education Council attendance requirements. Consideration of second reading of Ordinance No. O amending the Town Election Qualifying period. Consideration of the Town s Comprehensive Annual Financial Report (CAFR) for Fiscal Year Consideration of Resolution No. R , amending the FY budget in accordance with Budget Resolution No. R Presentation of the Police Department Employee of the 1st Quarter Award. Consideration of Special Exception requests for properties located at 224 N. 3 rd Street and 200 W. Lantana Road. Consideration of a Special Exception request for the property located at 112 E. Lantana Road. Town Council Meeting March 27, 2017 Page 12

13 Future Events April 8, 2017 Enjoy Lantana! Event, Bark in the Park 10:00 a.m Maddock Park April 10, 2017 Town Council Meeting, 7:00 p.m Town Hall Cancelled in observance of Passover April 20, 2017 Special Magistrate Hearing, 7:00 p.m Town Hall April 24, 2017 Town Council Meeting, 7:00 p.m. Town Hall 9. COUNCIL COMMENTS: Councilmember Aridas stated the 3 rd Annual Bark in the Park event is on April 8 th and encouraged everyone to attend. Mayor Stewart expressed his concerns with a bill that is currently in Tallahassee with regard to Business Tax Receipts. 10. ADJOURNMENT: The motion was made and carried unanimously. There being no further discussion, the meeting adjourned at 10:03 p.m. Aye Nay Mayor Stewart Vice Mayor Moorhouse Councilmember Aridas Councilmember Balfour ATTEST: Councilmember Shropshire Town Clerk If a person decides to appeal any decision made by the Town Council with respect to any matter considered at subject meeting, he will need a record of the proceedings and for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S ) Town Council Meeting March 27, 2017 Page 13