January 8, 2018
Regular Meeting
7:00 p.m.
LANTANA TOWN COUNCIL DAVID J. STEWART, MAYOR _____ LYNN J. MOORHOUSE, VICE MAYOR_____ MALCOLM BALFOUR, VICE MAYOR PRO TEM _____ PHILIP J. ARIDAS, COUNCILMEMBER _____ EDWARD PAUL SHROPSHIRE, COUNCILMEMBER _____ LANTANA STAFF DEBORAH S. MANZO, TOWN MANAGER _____ R. MAX LOHMAN, TOWN ATTORNEY _____ NICOLE A. DRITZ, TOWN CLERK _____ PUBLIC IN ATTENDANCE_____ 1.
ROLL CALL, MOMENT OF SILENT PRAYER, PLEDGE OF ALLEGIANCE:
2.
APPROVAL OF MINUTES: a. Minutes of the Regular Meeting of December 11, 2017.
3.
AGENDA APPROVAL: a. Additions, substitutions, deletions _________________________________ b. Agenda Approval ______________________________________________
4.
STAFF AND COMMITTEE REPORTS: a. Council Reports b. Town Manager Report c. Proclamation declaring the month of January School Board Recognition in the Town of Lantana.
5.
ORDINANCES AND RESOLUTIONS: a.
6.
Consideration of Ordinance No. O-16-2017, in order to provide for the collocation of small wireless facilities or micro wireless facilities on existing utility poles or the installation of new utility poles to support the collocation of small wireless facilities or micro wireless facilities in Town-owned rightsof-way. Remarks: Second Reading
MISCELLANEOUS: a. * Consideration of a request for an administrative appeal by Brian Seymour on behalf of Stewart and Marjorie Zimmerman relative to Section 23-92(e) of the Town’s Code of Ordinance regarding the construction of a Cabana on a property located at 994 SE Atlantic Drive. ***At the request of the applicant, this item is being removed from the January 8, 2018 Agenda.***
*indicates a quasi-judicial hearing
b.* SE17-0011. Consideration of a request for Special Exception Approval to allow a congregate living facility with 38 beds relative to Section 23-95(d)(7) for the property located at 1021 Ridge Road, in the R15 Residential Zoning District. c.* VAR17-0002. Consideration of a request for a variance request relative to Section 23-96(f) to allow a front setback of 4 ft. where the Town Code of Ordinance requires 20ft (Corner Lot) in order to accommodate for a proposed car wash on 810 S. Dixie Highway in the C1 Commercial Zoning District. d.*
SE17-0009. Consideration of a request for a Special Exception approval relative to Section 23-96(d)(20) to add a car wash to their existing service station located at 810 S Dixie Highway in the C1 Commercial Zoning District.
e. * SE17-0010. Consideration of a request to modify previously approved Special Exception (SE00-06) to extend the hours of operation from 21 hours to 24 hours for a service station located at 810 S Dixie Highway in the C1 Commercial Zoning District. f.
PL17-0002. Consideration of a request by Jennifer Spitznagel on behalf of Mary Lambe for approval of a replat for 1199 Lands End Road, pursuant to Chapter 17.5 of the Lantana Code of Ordinances.
g. Consideration of approval of a First Addendum to the Town Baseball Sports Providers Agreement. h. Consideration of approval of a First Addendum to the Town Flag Football and Soccer Sports Provider Agreement. i. Consideration of a piggyback contract with M&M Asphalt Maintenance Inc, d/b/a All County Paving for repaving Town roads in an amount not to exceed $496,539.80. j.
Consideration of the purchase from Ferguson Enterprises, Inc. d/b/a Ferguson Waterworks of an Insight Vision sewer main line camera piggybacking the rates and prices from a Collier County Agreement in an amount not to exceed $40,482.35.
7.
STATEMENTS FROM THE PUBLIC:
8.
ITEMS FOR FUTURE AGENDAS (subject to change) January 22, 2018
• • •
January 12, 2018 January 15, 2018 January 18, 2018 January 22, 2018 9.
Consideration of a Resolution to amend Fees and Charges to revise building permitting fees for solar systems. Consideration of a modification to a Special Exception to add residential to the Site Plan for Water Tower Commons, located at 1199 W. Lantana Road. Consideration of the disposition of specified tangible personal property as surplus municipal property.
Future Events Enjoy Lantana! event, Movie at the Beach, 7:00 p.m. Lantana Beach Town offices closed in observance of Martin Luther King Jr. Day Special Magistrate Hearing, 7:00 p.m. – Town Hall Town Council Meeting, 7:00 p.m. – Town Hall
COUNCIL COMMENTS:
*indicates a quasi-judicial hearing
TOWN OF LANTANA REGULAR MEETING MINUTES December 11, 2017 1.
ROLL CALL:
Mayor Stewart called the regular 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 Peter Makila who has heart conditions, Bob Randolph who has some complications and Jeff Atwater’s mother be remembered. PRESENT:
Mayor Stewart, Vice Mayor Moorhouse, Vice Mayor Pro Tem Balfour, Councilmember Aridas, and Councilmember Shropshire.
ALSO PRESENT:
2.
Deborah S. Manzo, Town Manager; Mrs. Dritz, Town Clerk; Abigail Jorandby, Legal Counsel and approximately 10 spectators.
APPROVAL OF MINUTES:
Councilmember Balfour made a motion to approve the regular meeting minutes November 27, 2017. Councilmember Shropshire seconded the motion. Motion passed 5-0. 3.
AGENDA APPROVAL:
Councilmember Aridas made a motion to approve the agenda as submitted. Vice Mayor Moorhouse seconded the motion. Motion passed 5-0. Mayor Stewart read into the record Councilmember Balfour’s 8b form for a voting conflict at the November 27, 2017 meeting. 4.
STAFF AND COMMITTEE REPORTS:
a. Council Reports Councilmember Shropshire stated that Winterfest went very well. Mayor Stewart also stated he was grateful to be invited with the Palm Beach Maritime Academy and the University of Miami on a shark research project. He also expressed that the Winterfest was great, and announced that the public should stay tuned for any updates regarding our beach restoration project. b. Town Manager Report Town Manager Manzo announced that the Town’s Administration Department Student Intern, Kelly Johnson, is in attendance and welcomed her.
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5. ORDINANCES AND RESOLUTIONS: a. Consideration of Ordinance No. O-14-2017, prohibiting Medical Marijuana Treatment Center Dispensing Facilities (MMTC-DF) in all zoning districts within the Town of Lantana. Remarks: Second Reading Mayor Stewart introduced and explained this item on the agenda and asked for disclosures. There were no Council disclosures. Assistant Town Attorney Jorandby read the Ordinance title: ORDINANCE NO. O-14-2017 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LANTANA, FLORIDA, AMENDING THE TOWN CODE OF ORDINANCES AT CHAPTER 23. ZONING. AT ARTICLE I. IN GENERAL. AMENDING SECTION 23-1. DEFINTIONS OF TERMS. TO ADD DEFINTIONS OF “MARIJUANA” AND “MEDICAL MARIJUANA TREATMENT CENTER-DISPENSING FACILITY (MMTC-DF)”; AND FURTHER AMENDING CHAPTER 23. ZONING. AT ARTICLE VI. SUPPLEMENTAL DISTRICT REGULATIONS. BY ENACTING A NEW SECTION 23-149. ENTITLED “PROHIBITION OF MEDICAL MARIJUANA TREATMENT CENTER-DISPENSING FACILITIES (MMTC-DF)”; PROVIDING FOR THE PROHIBITION OF MEDICAL MARIJUANA TREATMENT CENTER-DISPENSING FACILITIES (MMTC-DF) IN ALL ZONING DISTRICTS WITHIN THE TOWN OF LANTANA; PROVIDING A CONFLICTS, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mayor Stewart announced the recommendations from the Plan Review Committee and Planning Commission. There were no individuals from the public who commented on the agenda item. There was no Council discussion. Vice Mayor Moorhouse made a motion to approve Ordinance O-14-2017 on second reading. Councilmember Aridas seconded the motion. Motion passed 5-0. b. Consideration of Ordinance No. O-16-2017, in order to provide for the collocation of small wireless facilities or micro wireless facilities on existing utility poles or the installation of new utility poles to support the collocation of small wireless facilities or micro wireless facilities in Town-owned rights-of-way. Remarks: First Reading Mayor Stewart introduced and explained this item on the agenda and asked for disclosures. Councilmember Balfour and Councilmember Shropshire disclosed they spoke with the Town Manager, Mayor Stewart disclosed he spoke with some legislators.
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Assistant Town Attorney Jorandby read the Ordinance title: ORDINANCE NO. O-16-2017 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LANTANA, FLORIDA, AMENDING CHAPTER 17. STREETS, SIDEWALKS AND OTHER PUBLIC PLACES. AT ARTICLE V. RIGHT-OF WAY REGULATIONS. TO PROVIDE FOR THE COLLOCATION OF SMALL WIRELESS FACILITIES OR MICRO WIRELESS FACILITIES ON EXISTING UTILITY POLES OR THE INSTALLATION OF NEW UTILITY POLES TO SUPPORT THE COLLOCATION OF SMALL WIRELESS FACILITIES OR MICRO WIRELESS FACILITIES IN TOWN-OWNED RIGHTS-OF-WAY AND AMENDING DEFINITIONS TO BE CONSISTENT WITH SECTION 337.401, FLORIDA STATUTES; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 17 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. There was Council discussion. Assistant Town Attorney Jorandby clarified questions from Council. There was Council discussion. Councilmember Balfour made a motion to approve O-16-2017 on first reading. Councilmember Shropshire seconded the motion. Motion passed 5-0. c. Consideration of Resolution No. R-12-2017, appointing the Town Clerk, Deputy Town Clerk, and the PBC Supervisor of Elections (SOE) to the Town's Canvassing Board and approving an agreement with the SOE for election services through December 31, 2018. Mayor Stewart introduced and explained this item on the agenda and asked for disclosures. Assistant Town Attorney Jorandby read the Resolution title: RESOLUTION NO. R-12-2017 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LANTANA, FLORIDA, APPOINTING THE TOWN CLERK, OR DESIGNEE, AND THE DEPUTY TOWN CLERK, OR DESIGNEE, AS MEMBERS OF THE TOWN OF LANTANA CANVASSING BOARD AND APPOINTING THE SUPERVISOR OF ELECTIONS, OR HER DESIGNEE, AS AN ADDITIONAL MEMBER OF SAME; REQUESTING THE SUPERVISOR OF Town Council Meeting December 11, 2017
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ELECTIONS, OR DESIGNEE, TO CANVASS ALL ABSENTEE BALLOTS AND THE MUNICIPAL ELECTION ALONG WITH THE TOWN CANVASSING BOARD; TO CONDUCT THE MUNICIPAL ELECTION; AND TO CONDUCT THE LOGIC AND ACCURACY TESTING FOR ALL ELECTION MACHINERY AND TABULATION EQUIPMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. There were no individuals from the public who commented on the agenda item. There was no Council discussion. Councilmember Aridas made a motion to approve R-12-2017. Councilmember Shropshire seconded the motion. Motion passed 5-0. 6.
MISCELLANEOUS:
a. Consideration of awarding a contract with DBE Management, Inc., to construct the Intracoastal Water Main Subaqueous Crossing in an amount not to exceed $496,536.00. Mayor Stewart introduced and explained this item on the agenda and asked for Council disclosures. There were no Council disclosures. There were no individuals from the public who commented on the agenda item. There was Council discussion. Vice Mayor Moorhouse made a motion to approve a contract with DBE Management, Inc. to construct the Intracoastal Waterway Water Main Subaqueous Crossing in an amount not to exceed $496,536.00 and authorize the Town Manager to execute this agreement and any amendments thereto. Councilmember Aridas seconded the motion. Motion passed 5-0. b. Consideration of awarding a contract to construct the South Atlantic Drive Water Main Replacement for fire protection in an amount not to exceed $958,842.00. Mayor Stewart introduced and explained this item on the agenda and asked for Council disclosures. There were no Council disclosures. The following individuals from the public commented on the agenda item: Richard Schlosberg, 1475 Gateway Blvd There was Council discussion. Aaron Cutler from Mathews Consulting, answered questions from Council.
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Councilmember Balfour made a motion to approve a contract with Intercounty Engineering, Inc. to construct the S. Atlantic Water Main Replacement in an amount not to exceed $958,842.00 and authorize the Town Manager to execute this agreement and any amendments thereto. Councilmember Shropshire seconded the motion. Motion passed 5-0. c. Consideration of authorizing the purchase of one (1) 2018 Nissan Frontier KC – 2WD Truck in an amount not to exceed $23,385.00 Mayor Stewart introduced and explained this item on the agenda and asked for Council disclosures. Mayor Stewart disclosed he spoke with a procurement person from Palm Beach County Fire Rescue. Town Manager Manzo explained that there was an error by Town staff, that the actual amount of the vehicle purchase is $19,703.00. There were no individuals from the public who commented on the agenda item. There was Council discussion. Mayor Stewart stated he felt the resale value on a Ford, Chevy, or Dodge may be better. Councilmember Shropshire made a motion to approve the purchase of one (1) 2018 Nissan Frontier vehicle in an amount not to exceed $19,703.00 through the Florida Association Bid Award FSA17 VEL25.0 and FSA 17-VEH15.0 for vehicles. Councilmember Aridas seconded the motion. Motion passed 5-0. d. Consideration of approval for an Employee Holiday Party which may exceed $1,000.00 Mayor Stewart introduced and explained this item on the agenda and asked for Council disclosures. Councilmember Aridas and Councilmember Shropshire both disclosed they spoke with the Town Manager. There were no individuals from the public who commented on the agenda item. There was no Council discussion. Councilmember Shropshire made a motion to approve the Employee Holiday Party which may exceed $1,000.00. Vice Mayor Moorhouse seconded the motion. Motion passed 5-0. 7. STATEMENTS FROM THE PUBLIC: Richard Schlosberg, 1475 Gateway Blvd, expressed his opinion on President Trump’s report card.
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Catherine Skervin, 1307 Southwinds Drive, expressed concerns with a letter she received from FPL and the property located on Lantana Road that is leased by the State. 8.
ITEMS FOR FUTURE AGENDAS (subject to change) January 8, 2018
December 22, 2017 December 25, 2017 January 1, 2018 January 8, 2018 January 12, 2018 January 15, 2018
9.
• Consideration of the second reading of Ordinance No. O-16-2017 in order to provide for the collocation of small wireless facilities or micro wireless facilities. • Consideration of a bid award for 13th Place water main.
Future Events Planning Commission Meeting, 7:00 p.m. – Town Hall Town offices closed in observance of Christmas Day Town offices closed in observance of New Year’s Day Town Council Meeting, 7:00 p.m. – Town Hall Enjoy Lantana! event, Movie at the Beach, 7:00 p.m. Lantana Beach Town offices closed in observance of Martin Luther King Jr. Day
COUNCIL COMMENTS:
Mayor Stewart, Councilmember Aridas and Councilmember Shropshire wished everyone a happy holidays. Councilmember Balfour asked that the signs for Movie Night at the Beach include the name of the movie.
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10. ADJOURNMENT: The motion was made and carried unanimously. There being no further discussion, the meeting adjourned at 7:56 p.m. Aye
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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 Balfour
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__________________________ Councilmember Shropshire
ATTEST: __________________________ Town Clerk Americans with Disabilities Act: In accordance with the provisions of the Americans with Disabilities Act (ADA), this document can be made available in an alternate format (large print) upon request. Special accommodations can be provided upon request with three (3) workings days advance notice of any meeting, by contacting Nicole Dritz, Town Clerk at Lantana Town Hall, 500 Greynolds Circle, Lantana, Florida, 561-540-5000. -------------------------------------------------------------------------------------------------------------------------------“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. 286.0105)
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Good Way Oil Lantana 810 S. Dixie Highway
Good Way Oil Lantana 810 S. Dixie Highway