TOWN OF LANTANA
REGULAR MEETING MINUTES
January 9, 2012
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. Greg Rice led the Pledge of Allegiance to the flag.
PRESENT:
Mayor Stewart, Vice Mayor Moorhouse, Vice Mayor Pro Tem Deringer, Councilmember
Aridas and Councilmember Austino.
ALSO PRESENT:
2.
Mr. Bornstein, Town Manager; Mrs. Gibson, Town Clerk; Mr. Lohman, Legal
Counsel; and approximately 35 spectators.
APPROVAL OF MINUTES:
Councilmember Deringer made a motion to approve the regular meeting minutes of December 12, 2011.
Councilmember Austino seconded the motion.
Motion passed 5-0.
3.
AGENDA APPROVAL:
Councilmember Austino made a motion to approve the agenda as submitted.
Vice Mayor Moorhouse seconded the motion.
Motion passed 5-0.
4.
STAFF AND COMMITTEE REPORTS:
a.
Council Reports
Councilmember Deringer said that he had a good holiday, it is good to be back and he hopes
everyone has a good year.
Councilmember Austino had no report.
Councilmember Aridas said he attended the open house at the Hypoluxo Town Hall and that it was a
nice evening. He announced that he, Councilmember Deringer and the Mayor attended the Town
employee holiday party on December 16th. He reported that he attended the recent Lantana Education
Council meeting and Officer Berrios is going to school for information on implementing the Gang
Resistant Education and Training (GREAT) Program. He said he also attended the Casuarina
Woman’s Club’s annual holiday party and the Hypoluxo Island Property Owner’s Association’s
annual meeting. He reported that sprinklers are being installed at Maddock Park and two residents
called to tell him how impressed they were with the improvements being made there. He thanked the
Town Manager for having the improvements made.
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Vice Mayor Moorhouse gave a summary of an Environmental Resources Management Report and
said he has it available for anyone would like to read it.
Mayor Stewart said he sits on the Palm Beach County Water Resources Board, and that Lake
Okeechobee is still in trouble even though we have had rain and restrictions are not as heavy as before.
He gave a summary of water conditions from the South Florida Water Management District and said
that next year will be very bad for water unless there is more conservation or more rain.
b.
Town Manager Report
Mr. Bornstein invited everyone to come celebrate Lantana Lou Day on February 2nd at 7:00 a.m. at
the Dune Deck Café at Lantana Beach. He and Mayor Stewart further explained the event, which is
Lantana’s version of Groundhog Day.
5.
ORDINANCES AND RESOLUTIONS:
a.
Consideration of Ordinance No. O-01-2012, establishing the Lantana Energy Improvement
District in order to accommodate and finance energy efficiency and renewable energy
improvements on residential and commercial properties in Town
Remarks: Second and Final Reading
Mayor Stewart introduced and explained this item on the agenda. Mr. Bornstein further explained
the agenda item.
Mr. Lohman read the Ordinance title:
ORDINANCE NO. O-01-2012
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LANTANA,
FLORIDA, ADOPTING AN ENTIRELY NEW CHAPTER 21.5 TO BE ENTITLED
“SUSTAINABILITY AND ENERGY IMPROVEMENT,” AND BY ENACTING
ARTICLE I ENTITLED “LANTANA ENERGY IMPROVEMENT DISTRICT” OF THE
TOWN OF LANTANA CODE OF ORDINANCES, PROVIDING FOR CREATION OF
THE SPECIAL DISTRICT, ITS PURPOSE AND AUTHORITY; IMPROVEMENTS;
USES OF, NON-AD VALOREM ASSESSMENTS; DEFINITIONS; ENERGY AUDITS
AND AGREEMENTS; PROVIDING A CONFLICTS, A SEVERABILITY CLAUSE;
PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES.
No individuals from the public commented on the agenda item and there was no Council discussion.
Councilmember Austino made a motion to approve Ordinance No. O-01-2012, establishing an
Energy Improvement District, on second reading.
Councilmember Aridas seconded the motion.
Motion passed 5-0.
b.
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Consideration of Ordinance No. O-02-2012, a Small Scale Comprehensive Plan Map
Amendment from “C1-Commercial, Low Intensity” to “Industrial” for the property at 7102-
7150 Seacrest Boulevard informally known as the Windsor Park Commerce property
Remarks: First Reading
Mayor Stewart introduced and explained this item on the agenda.
Mr. Lohman read the Ordinance title:
ORDINANCE NO. O-02-2012
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LANTANA,
FLORIDA, ADOPTING A SMALL SCALE
AMENDMENT TO ITS
COMPREHENSIVE DEVELOPMENT PLAN IN ACCORDANCE WITH THE
MANDATES SET FORTH IN CHAPTER 163, FLORIDA STATUTES,
SPECIFICALLY SECTION 163.3187(1), FLORIDA STATUTES, PURSUANT TO THE
TOWN INITIATED APPLICATION NO. CPA 2011-0001, WHICH PROVIDES FOR AN
AMENDMENT TO THE TOWN'S FUTURE LAND USE MAP DESIGNATING ONE (1)
PARCEL OF REAL PROPERTY COMPRISING A TOTAL OF 2.98± ACRES, MORE
OR LESS, AS “INDUSTRIAL”; SUCH PARCEL OF LAND IS LOCATED JUST
SOUTH OF HYPOLUXO ROAD WITH A STREET ADDRESS OF 7102-7150
SEACREST BOULEVARD, INFORMALLY KNOWN AS THE “WINDSOR PARK
COMMERCE CENTER PROPERTY”; 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.
Mayor Stewart asked Council for disclosures. Councilmember Deringer said that he met Juan
Cocuy and some of his team members at a business development meeting in November and presented
a basket there.
No individuals from the public commented on the agenda item and there was no Council discussion.
Vice Mayor Moorhouse made a motion to approve Ordinance No. O-02-2012 on first reading.
Councilmember Austino seconded the motion.
Mayor Stewart said that someone from the audience just raised their hand for public comment. He
asked Council if there was a motion to allow public comment at this time.
Councilmember Deringer made a motion to allow for public comment at this time.
Councilmember Aridas seconded the motion.
Motion passed 5-0.
Erica Wald, 613 S. Atlantic Drive, commented on the agenda item. There was Council discussion,
followed by a comment from Juan Cocuy, Image Skincare.
Council then voted on the motion made by Vice Mayor Moorhouse and seconded by Councilmember
Austino. Motion passed 5-0.
6.
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MISCELLANEOUS:
a.
Consideration of an appointment to the Lantana Education Council
Mayor Stewart introduced and explained this item on the agenda.
No individuals from the public commented on the agenda item.
There was Council discussion.
Councilmember Deringer made a motion to appoint Victoria Spurlin to the Lantana Education
Council to fill the unexpired term of Kathy Mock, ending on April 9, 2013.
Councilmember Austino seconded the motion.
There was Council discussion.
Councilmember Aridas made a substitute motion to postpone the agenda item to the January 23,
2012 Town Council meeting.
Vice Mayor Moorhouse seconded the motion.
There was Council discussion and Councilmember Aridas withdrew his motion.
Council then voted on the motion made by Councilmember Deringer and seconded by Councilmember
Aridas. Motion passed 5-0.
*b. Consideration of a request for special exception use of “school” within the C1 Commercial
District located at 1189 Hypoluxo Road, relative to Section 23-96(d)(4) of the Lantana Code of
Ordinances
Mayor Stewart introduced and explained this item on the agenda. Mr. Lohman swore in 19
individuals for public comment. Mayor Stewart asked Council for disclosures. Vice Mayor
Moorhouse said that he is acquainted with the petitioner. Councilmember Aridas said he spoke with
the Town Manager, read Town e-mail, visited the Maverick website, spoke to residents and drove by
the area. Councilmember Austino said that she spoke with the Town Manager and Town Attorney
about the agenda item, and read an e-mail regarding the agenda item. Councilmember Deringer said
he spoke with Mark Rodberg in a store about a month ago. He said he received an e-mail about an
open house at Maverick and spoke to the Town Manager about it. He said the Town Manager thought
that Councilmember Aridas may attend so he called Councilmember Aridas before the open house.
Councilmember Deringer said he attended the open house as the Town’s eyes and ears to the
existing location to see what it was like. Mayor Stewart said that he spoke with the Town Manager
and Town staff, Lisa Tropepe and Dan Shalloway. He said someone from Maverick called him, but he
could not remember their name. Mayor Stewart said he explained to that person that he prefers to
talk at a public meeting, and he also disclosed that he visited the site.
David Thatcher, Development Services Director; Courtney Crush, Esq., Attorney for Maverick;
and Frank Biden, 15 Ridge Blvd., Ocean Ridge commented on the agenda item. Council received a
petitioner’s exhibit from Mr. Biden, which is a fact sheet about Maverick. Afterwards, the following
individuals from the public commented:
Courtney Crush, Esq.; Greg Rice, 511 Lucerne Ave., Lake Worth; Ron Washam, 127 S. Atlantic
Drive W., Boynton Beach; Teresa Wilhelm, 1321 Palermo Way; Linda Mee, 1111 Hypoluxo Road;
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Richard Schlosberg, 417 S. Atlantic Drive; and Joe Farrell, 920 Wynnwood Circle. Mr. Lohman
swore in Catherine Skervin, 1307 Southwinds Drive, who then spoke, followed by Jamie Rayu,
1746 3rd Ave., Lake Worth. Courtney Crush, Esq. answered questions from Council. Chief Jeff
Tyson, Lantana Police, answered questions from Council, followed by Courtney Crush, Esq.
answering questions from Council. Frank Biden commented and afterwards Courtney Crush, Esq.
answered questions from Council. Lauren Hollander, 301 Southern Blvd., West Palm Beach,
commented. Afterwards, Frank Biden, Courtney Crush, Esq., and Kyle Duncan, Transportation
Engineer, answered questions from Council. Mayor Stewart asked if there was additional testimony
from the public. Being none, he closed the public portion of the meeting. Courtney Crush, Esq.
made a final statement.
There was Council discussion.
Vice Mayor Moorhouse made a motion to approve the request for the Special Exception use of
“schools” as set forth in Town Code at Section 23-96(d)(4) for the property located at 1189 Hypoluxo
Road in the C1 Commercial Zoning District, subject to conditions.
Councilmember Austino seconded the motion.
There was Council discussion.
Motion passed 5-0.
c.
Consideration of a professional services agreement with Erin L. Deady, P.A. in an amount not to
exceed $55,957 to provide administrative assistance to Town staff with the Five-city Municipal
Energy Conservation Coalition grant.
Mayor Stewart introduced and explained this item on the agenda. He then asked Council for
disclosures. Mayor Stewart, Vice Mayor Moorhouse and Councilmembers Aridas, Austino and
Deringer all disclosed that they spoke with the Town Manager about the agenda item. Mr. Bornstein
further explained the agenda item.
No individuals from the public commented on the agenda item and there was no Council discussion.
Councilmember Deringer made a motion to approve the contract with Erin L. Deady, P.A. for an
amount not to exceed $55,957 for development of a greenhouse gas study and energy audits for the
MECC and authorize the Town Manager to execute the same.
Councilmember Austino seconded the motion.
Motion passed 5-0.
7.
STATEMENTS FROM THE PUBLIC:
Judy Black, 417 S. Atlantic Drive
Catherine Skervin, 1307 Southwinds Drive
Richard Schlosberg, 417 S. Atlantic Drive
8.
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ITEMS FOR FUTURE AGENDAS (subject to change)
January 23, 2012 (Workshop at 6:00 p.m.)
a. Discussion of the Municipal Energy Conservation Coalition (MECC)
b. Discussion of the Property Assessed Clean Energy (PACE) Program
January 23, 2012 (Regular Meeting at 7:00 p.m.)
a. Consideration of Ordinance No. O-02-2012, a Small Scale Comprehensive Plan Map
Amendment from “C1-Commercial, Low Intensity” to “Industrial” for the property at 71027150 Seacrest Boulevard informally known as the Windsor Park Commerce property
Remarks: Second and Final Reading
b. Consideration of Ordinance No. O-03-2012, rezoning 7102-7150 Seacrest Boulevard,
informally known as the “Windsor Park Commerce Center Property, from “C-1 Commercial
District” to “I/F- Flexible Industrial District”
Remarks: First Reading
c. Consideration of appointments to the Lantana Nature Preserve Commission
d. Presentation by Marcum, LLP, the Town’s auditors, of the Comprehensive Annual Financial
Report (CAFR) for Fiscal Year 2010-2011
February 13, 2012
*a. Consideration of a request for a variance of the front setback requirement of 20 feet per Section
23-96(f) of the Lantana Code of Ordinances in order to construct a new commercial building
with a front setback of 11 feet at 702 S. Dixie Highway
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 8:55 p.m.
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Aye
Nay
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Mayor Stewart
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Vice Mayor Moorhouse
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Councilmember Aridas
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Councilmember Austino
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ATTEST:
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Town Clerk
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__________________________
Councilmember Deringer