TOWN OF LANTANA REGULAR MEETING MINUTES August 26, 2013 1. ROLL CALL: Mayor Stewart called the regular meeting to order at 7:00 p.m. and Mrs. Gibson called the roll. There was a moment of silent prayer followed by the Pledge of Allegiance to the flag. PRESENT: Mayor Stewart, Vice Mayor Deringer, Councilmember Aridas and Councilmember Balfour. Vice Mayor Pro Tem Moorhouse was absent. ALSO PRESENT: Deborah S. Manzo, Town Manager; Mrs. Gibson, Town Clerk; R. Max Lohman, Legal Counsel and approximately 31 spectators. 2. APPROVAL OF MINUTES: Vice Mayor Deringer made a motion to approve the regular meeting minutes of August 12, 2013. Councilmember Aridas made a motion to approve the joint workshop meeting minutes of August 13, 2013. 3. AGENDA APPROVAL: Councilmember Aridas made a motion to approve the agenda as submitted. Vice Mayor Deringer seconded the motion. 4. STAFF AND COMMITTEE REPORTS: a. Proclamation recognizing August 26-30, 2013 as FL Water Professionals Week in Lantana. Mayor Stewart read the proclamation recognizing August 26-30, 2013 as FL Water Professionals Week in Lantana. He presented it to Phil Donovan, Regional Director of the FL Water and Pollution Control Operators Association (FW&PCOA), who stood with several water professionals in the County and Utilities Director Jerry Darr. Mr. Donavan explained the importance of water professionals, history of the FW&PCOA, introduced the water professionals present and thanked the Council for the proclamation and recognition. b. Presentation of the Police Department Employee of the Quarter Award. Chief Scheller, Lantana Police, explained that Officer Tom Dipolito was being presented the Police Department Employee of the Quarter Award for his electrical work on a seized marine vessel, 1
applying for a grant, vigilant law enforcement efforts and demonstrating a sense of teamwork and loyalty as a member of the Marine Unit. He then presented the award to Officer Dipolito. c. Council Reports Councilmember Balfour said that he and the Town Manager visited the new Palm Beach Maritime Academy and it is a very nice place, there is a good staff there and it is a big asset to the Town. Vice Mayor Deringer reported that he and the Mayor went to a roundtable meeting with several Congressmen and Senators last Friday and let them know some things about our Town that they can take back to Washington. He said hopefully some good will come from that. There were no other reports from Council. d. Town Manager Report Ms. Manzo said that she had no report. 5. ORDINANCES AND RESOLUTIONS: a. Consideration of Ordinance No. O-11-2013, establishing an expedited permit review process. Remarks: Second and Final Reading Town Attorney Lohman read the ordinance title: ORDINANCE NO. O-11-2013 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LANTANA, FLORIDA, AMENDING CHAPTER 23. ZONING. AT ARTICLE II. ADMINISTRATION AND ENFORCEMENT. BY ADOPTING AN ENTIRELY NEW SECTION 23-49. TO BE ENTITLED EXPEDITED PERMITTING PROGRAM IN ORDER TO PROVIDE FOR EXPEDITED PERMITTING PROCESS FOR CERTAIN QUALIFIED BUSINESSES OR FOR DEVELOPMENTS QUALIFYING WITH LEED CERTIFICATION WHICH ARE LOCATED IN THE TOWN; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB-SECTION OF CHAPTER 23. ZONING. 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. Mayor Stewart asked Council for disclosures. There were none. David Thatcher, Development Services Director, and Richard Schlosberg, 417 S. Atlantic Drive, commented on the agenda item. There was no Council discussion. Councilmember Aridas made a motion to approve Ordinance No. O-11-2013 on second and final reading. 2
b. Consideration of Resolution No. R-10-2013, updating the Town s fees and charges by repealing Resolution No. R-03-2013. Town Attorney Lohman read the resolution title: RESOLUTION NO. R-10-2013 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LANTANA, FLORIDA, ADOPTING AN UPDATED AND REVISED SCHEDULE OF FEES AND CHARGES FOR VARIOUS SERVICES RENDERED BY THE TOWN OF LANTANA FOR ITS CITIZENS AND OTHER MEMBERS OF THE PUBLIC; PROVIDING THAT THIS SCHEDULE OF FEES AND CHARGES SHALL BE AVAILABLE DURING REGULAR BUSINESS HOURS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mayor Stewart asked Council for disclosures. There were none. Jonel Jones, 902 W. Broward Street, commented on the agenda item. There was no Council discussion. Vice Mayor Deringer made a motion to approve Resolution No. R-10-2013. Councilmember Aridas seconded the motion. Mayor Stewart further explained the resolution. 6. MISCELLANEOUS: *a. Consideration of a special exception request from Penny Johnson (d/b/a Penny s at The Duke ), on behalf of Maksudul H. Chowdhury & Rezaur Rahman, the property owners, for a lounge within the C2 Commercial District located at 902 N. Dixie Highway, relative to Section 23-97(d)(5) of the Lantana Code of Ordinances. (Case # SE13-0005) Town Attorney Lohman swore in four individuals for comment. Mayor Stewart asked Council for disclosures. There were none. There were comments from David Thatcher, Development Services Director, and Penny Johnson, Applicant, followed again by Mr. Thatcher. Chief Scheller, Lantana Police, then spoke on the agenda item. Mayor Stewart closed the public portion of the meeting. Penny Johnson, Applicant and David Thatcher, Development Services Director, commented and answered questions from Council followed by remarks from Steve Doran, 1132 W. Pine Street. Councilmember Aridas made a motion to open the public portion of the meeting. Town Attorney Lohman swore in two individuals for comment. 3
There were comments from Jonel Jones, 902 W. Broward Street; Kem Mason, 1215 Palama Way; and Steve Doran, 1132 W. Pine Street. Mayor Stewart closed the public portion of the meeting and Penny Johnson, Applicant made final comments. There was Council discussion. Vice Mayor Deringer made a motion to approve the request for the special exception use of bars, lounges and nightclubs as set forth in Town Code at Section 23-96(d)(5) for the property located at 902 North Dixie Highway in the C2 Commercial Zoning District subject to the conditions that the maximum permitted occupancy shall be limited to 100 occupants or the Fire Code, whichever is less, the bar will be required to close by 2:00 a.m., the previous approval of SE 11-0005 shall be rendered null and void and the special exception only applies to this applicant. There was Council discussion. *b. Consideration of a special exception request pursuant to Section 23-96(d)(10) of the Lantana Code of Ordinances to allow shared parking at 1004 S. Dixie Hwy. for an adjacent Commercial property located at 1102 S. Dixie Hwy. in the C1 Commercial Zoning District. (Case # SE13-0006) Town Attorney Lohman swore in two individuals for comment. Mayor Stewart asked Council for disclosures. Councilmember Aridas said that he spoke to a couple of residents who live in the area. Vice Mayor Deringer said that he does business with one of the applicants and suggested they apply for shared parking to solve the issue they were having with the funeral home using their parking on funeral days and they needed parking at the funeral home. Mayor Stewart said that he talked to the Town Manager about the agenda item. David Thatcher, Development Services Director, and Mike Lago, Applicant, commented on the agenda item. There was Council discussion. Town Attorney Lohman swore in Chief Scheller, Lantana Police, who then commented. There were additional comments from Mike Lago, Applicant. Town Attorney Lohman swore in Steve Cluthe, 116 E. Hart Street, who then commented. Vice Mayor Deringer made a motion to approve the request for the special exception use of shared parking as set forth in Town Code at Section 23-96(d)(10) for the property located at 1004 South Dixie Highway in the C1 Commercial Zoning District subject to the condition recommended by the Town s Plan Review Committee. Councilmember Aridas seconded the motion. Motion passed 3-1. (Nay Mayor Stewart) c. Consideration of CSA 2013-04 with Mathews Consulting, Inc., authorizing engineering services for data collection, design, permitting, bidding, construction administration, and inspection services for the new 10-inch force main that will be directional bored across the Intracoastal Waterway (ICWW) and connected to LS #5 and LS #3. 4
Councilmember Balfour made a motion to approve CSA-2013-04 with Mathews Consulting Inc. in an amount not to exceed $101,729.00. Vice Mayor Deringer seconded the motion. d. Consideration of CSA 2013-05 with Mathews Consulting, Inc., authorizing engineering services for the design, bidding, and construction administration for installation of a wastewater telemetry system. Councilmember Aridas made a motion to approve CSA-2013-05 with Mathews Consulting Inc. in an amount not to exceed $47,807.79. e. Consideration of a piggy back contract with Line-Tech, Inc. for water meter installation. Vice Mayor Deringer made a motion to approve the contract with Line-Tec, Inc. for labor to install water meters in an amount not to exceed $72,143.00. f. Consideration of approval of the expenditure of funds from the Law Enforcement Trust Fund (LETF) for installing a perimeter fence around the police and employee vehicle parking lot. The following individuals from the public commented the agenda item: Catherine Skervin, 1307 Southwinds Drive; Jonel Jones, 902 W. Broward Street; and Chief Scheller, Lantana Police. There was Council discussion. Vice Mayor Deringer made a motion to approve the expenditure of funds from the Law Enforcement Trust Fund for the installation of a perimeter fence around the police and employee vehicle parking lot, in an amount not to exceed $32,658.00. Councilmember Aridas seconded the motion. 5
g. Consideration of a contract with Tropic Fence, Inc. for the installation of a perimeter fence around the police and personnel vehicle parking lot in an amount not to exceed $32,658.00. Vice Mayor Deringer made a motion to approve an agreement with Tropic Fence, Inc. for the installation of a perimeter fence around the police and personnel vehicle parking lot in an amount not to exceed $32,658.00 and to authorize the Town Manager to execute the agreement and any amendments thereto. 7. STATEMENTS FROM THE PUBLIC: There were comments from Catherine Skervin, 1307 Southwinds Drive; Jane Hand, 896 N. Federal Highway; Jonel Jones, 902 W. Broward Street; and Richard Schlosberg, 417 S. Atlantic Drive. 8. ITEMS FOR FUTURE AGENDAS (subject to change) September 9, 2013 Consideration of Ordinance No. O-12-2013, amending Chapt. 6. Buildings and Building Regulations to adopt updated amendments to the FL Building Code and repealing and readopting floodplain management regulations. Remarks: First Reading Consideration of an agreement with Anna Yeskey, ICP Coordinator, for administrative services. Consideration of a contract for improvements to the Lantana Police Department Communication Center. Consideration of an agreement for the use and maintenance of the Lantana Sports Complex. Consideration of renewing a lease agreement with the Greater Lantana Chamber of Commerce for the building located at 212 Iris Avenue. Consideration of a piggy back contract for the rehabilitation of three lift stations. Discussion regarding the Town s lease agreement with the Dune Deck Café, Inc. 9. COUNCIL COMMENTS: There were no additional Council comments. 10. ADJOURNMENT: The motion was made and carried unanimously. There being no further discussion, the meeting adjourned at 8:26 p.m. 6
Aye Nay Mayor Stewart Vice Mayor Deringer Councilmember Aridas Councilmember Balfour ATTEST: Councilmember Moorhouse Town Clerk 7