TOWN OF LANTANA - DOC by tyndale

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									                                     TOWN OF LANTANA
                                  REGULAR MEETING MINUTES
                                        April 13, 2009

1.     ROLL CALL:

Mayor Stewart called the regular meeting to order at 7:00 p.m. and Mrs. Gibson called the roll. Mayor
Stewart said there were many residents to remember during the moment of silent prayer, especially Judy
Wall who was a very active resident in the Education Council and Casuarinas Women’s Club. There was a
moment of silent prayer followed by the pledge of allegiance to the flag.

PRESENT:       Mayor Stewart, Vice Mayor Deringer, Vice Mayor Pro Tem Austino, Councilmember
               Moorhouse, and Councilmember Tennyson.

ALSO PRESENT:          Mr. Bornstein, Town Manager; Mrs. Gibson, Town Clerk; Mr. Lohman, Legal
                       Counsel; and approximately 117 spectators.

2.    APPROVAL OF MINUTES:

Vice Mayor Deringer made a motion to approve the regular meeting minutes of March 23, 2009.

Councilmember Austino seconded the motion.

Motion passed 5-0.

3.     AGENDA APPROVAL:

Councilmember Tennyson made a motion to approve the agenda as submitted.

Councilmember Moorhouse seconded the motion.

Motion passed 5-0.

4.   STAFF AND COMMITTEE REPORTS:

a.   Proclamation declaring April 2009, as Fair Housing Month

     Mayor Stewart read and explained the proclamation declaring April 2009, as Fair Housing Month.
     He then presented the proclamation to Vince Larkins, President/CEO of the Fair Housing Center of the
     Greater Palm Beaches. Mr. Larkins thanked the residents, Mayor, Council and staff for recognizing
     Fair Housing Month for 2009.

b.   Council Reports

     Vice Mayor Deringer had no report.

     Councilmember Austino had no report.

     Councilmember Tennyson had no report.

     Councilmember Moorhouse reported that construction at Boynton Inlet would continue through the
     year 2010, and parking there was limited. He said that north of the bridge there were 670 tones
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    limestone boulders to protect the mangroves and the natural habitat. He said the Town of Lantana was
    removing exotic vegetation from the back portion of the dune system before the County planted other
    vegetation. He also announced that Nesting Turtle season was March 1st through October 31st, and
    there was a leatherback turtle nest at the top of the dune that could be named the “Stewart Turtle.”

    Mayor Stewart said when turtles climb high, it historically means there would be a good possibility
    of having a hurricane hit and when turtles were low, there was a low possibility, so he hoped the turtle
    was lost. He brought attention to the Sunday newspaper article with resident Mary Smith modeling a
    1972 Lily Pulitzer dress. Mayor Stewart announced that the Lantana Middle School SAC Committee
    had a meeting and said there may be changes with the new director, including a new uniform policy
    and changes in personnel, but that these changes were not definite.

c. Town Manager Report
      a) Marathon of the Palm Beaches

    Mr. Bornstein announced that the Sixth Annual Marathon of the Palm Beaches had a plan to bring the
    marathon through Lantana, and was to be held for about two hours on the morning of Sunday,
    December 6, 2009. He introduced Ms. Iva Grady, Marketing Director of the Marathon of the Palm
    Beaches. Ms. Grady explained that Marathon of the Palm Beaches wanted to extend the marathon’s
    course further south, that 5,000 participants were anticipated for the event and explained the course of
    the route. She said she spoke with Chief Lincoln who indicated four police officers would be needed
    and the roads would be open by 9:30 a.m.. She also discussed advertisements and information to be
    given to the residents, and said the Marathon of the Palm Beaches would cover the costs so there
    would be no expense to the Town. She explained that prizes were to be given to the top male and
    female winners. Mr. Bornstein added that there was also a water station contest, where prize money
    was given to the two best water stations.

    There was Council discussion.

    Councilmember Tennyson made a motion to approve the road closures and course for the Marathon
    of the Palm Beaches on December 6, 2009.

    Vice Mayor Deringer seconded the motion

    Motion passed 5-0.

    Mr. Bornstein announced the North Broadway Neighborhood Traffic Improvement Workshop would
    be at Town Hall on Thursday, April 23, 2009 at 7:00 p.m. He said some of the topics of discussion
    would be the neighborhood master plan and a $150,000 grant that was received from the County
    through Commissioner Greene’s office to make some of the improvements. He also announced the
    Police Department staff was filing for a federal grant called CHIRP, a hiring recovery program, to
    apply for two police officer positions to potentially be funded. He explained the funds were from the
    overall Omnibus bill from stimulus funds, and that staff would bring the issue to the Council if the
    Town was awarded the grant.

    Mr. Bornstein also announced that on April 25, 2009, the Police Explorers with the Beacon Center
    and School of Autism would be having a Chili Cook-Off, rummage sale, crafts fair and car show at the
    Lantana Sports Complex from 7:00 a.m. to 6:00 p.m. He said that chili tasting would start at 11:00
    a.m., he was cooking chili, and the cost was $40.00 for those interested. He encouraged everyone to
    come and support the good event to raise money for a good cause. In addition, he reported that the
    Town received approval from the Fish and Wildlife Commission to move the sand that was on the east

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     side of the seawall, the moving was happening that week as the Town finished up the project, and the
     Town was still waiting on a permit from the Department of Environmental Protection.

5.     ORDINANCES AND RESOLUTIONS:

a.     Consideration of Resolution No. R-04-2009, amendments to the FY 2008-2009 budget in
       accordance with budget Resolution No. R-09-2008.

       Mayor Stewart introduced and explained this item on the agenda.

       Mr. Lohman read the resolution title:

                                          Resolution R-04-2009

           A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LANTANA,
           FLORIDA, AMENDING ITS 2008 - 2009 BUDGET IN ACCORDANCE WITH
           THE TERMS AND CONDITIONS OF BUDGET RESOLUTION R-09-2008;
           PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

       There was no public comment on this agenda item.

       Councilmember Tennyson said most of the $1.8 million went towards the seawall, and
       complimented the Town Manager and Town staff for getting the seawall built in spite of a lot of
       obstacles to jump over to get it done. She said the seawall protects the park in case of a bad storm,
       and the Town did a good job of getting it done quickly.

       Mayor Stewart said the seawall was done in the most environmentally friendly way it could be
       done, and it was a compliment to the engineering firm and staff.

       Councilmember Moorhouse made a motion to approve Resolution R-04-2009, providing for
       amendments to the fiscal year 2008-2009 Budget.

       Councilmember Tennyson seconded the motion.

        Mayor Stewart explained the money was coming from the reserves, and suggested with the budget
       situation there was virtually no possibility in the foreseeable future to replenish those reserves. He
       said he was glad it was an expenditure that was only done about once every 50 years.

       Motion passed 5-0.

b.     Consideration of Ordinance No. O-2-2009, Urban Infill Comprehensive Plan Map
       Amendment, for one (1) parcel of real property approximately 10.03 acres in size, located at
       South Dixie Highway, informally known as the “Cenacle Property” in order to change the
       land use designation from R3 residential medium density to C1 commercial low density.
       Remarks: First Reading

       Mayor Stewart introduced and explained this item on the agenda.

       Councilmember Tennyson disclosed that she spoke with the petitioner’s attorney twice by phone
       and to Town staff several times about the property.


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    Councilmember Austino disclosed that she went to the Planning Commission meeting and spoke
    with the Town Manager and Town Attorneys R. Max Lohman and Trela White.

    Councilmember Moorhouse disclosed that he also spoke with the Town Attorneys.

    Vice Mayor Deringer disclosed that he spoke to the petitioner’s secretary and petitioner by
    phone and let them know that he did not want to speak with them in advance and any comments
    from him would only be made at the Town Council meeting.

    Mayor Stewart disclosed that he spoke with Town staff, residents, and received letters from
    persons adjoining the property, and just before the meeting he made a comment to the court
    reporter, but had not spoken with the petitioner.

    The following individuals commented on this agenda item: David Thatcher, Development
    Services Director; Al Malefatto, Esq., Greenberg Traurig, P.A. on behalf of Palm Beach Partners,
    LLC; Greg Sandoval, Adache Group Architects; Colette Barone, 1115 S. Lake Drive; Al
    Malefatto, Esq., Greenberg Traurig, P.A.; Colette Barone, 1115 S. Lake Drive; Judy Black, 417
    South Atlantic Drive; Greg Kino, Casey Ciklin Lubitz Martens, 515 N. Flagler Drive, West Palm
    Beach 33401; Mary Smith, 703 West Pine Street; Betty Underwood, 1202 S. Lake Drive;
    Andrew Eason, 1201 S. Lake Drive; Richard Schlossberg, 417 S. Atlantic Drive; Mark
    O’Donnell, 1206 S. Lake Drive; Jason Vanna, 110 Sterns Street; Ann Marie Zabroski, 1201 S.
    Lake Drive; Catherine Skervin, 1307 Southwinds Drive; John Roberts, 224 East Central Blvd.;
    Bob Little, 921 Lakeside Place; Betty Underwood, 1202 S. Lake Drive; Andrew Eason, 1201 S.
    Lake Drive; Richard Chong, 122 Sterns Street; Al Malefatto, Greenberg Traurig, P.A.

    There was Council discussion.

    Mr. Lohman read the ordinance title:

                                 ORDINANCE NO. O-02-2009

    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
    SUB-SECTION 163.3184(18)., FLORIDA STATUTES, PURSUANT TO A
    PRIVATELY INITIATED APPLICATION # CP 08-0001 WHICH PROVIDES FOR AN
    AMENDMENT TO THE TOWN LAND USE MAP DESIGNATING 10.03± ACRES,
    MORE OR LESS, OF REAL PROPERTY AS “C1 –COMMERCIAL LOW DENSITY”;
    WHICH PROPERTY IS LOCATED WITHIN A DESIGNATED URBAN INFILL AND
    REDEVELOPMENT AREA ON THE EAST SIDE OF DIXIE HIGHWAY JUST
    NORTH OF HYPOLUXO ROAD, INFORMALLY KNOWN AS THE “CENACLE
    PROPERTY”; FURTHER 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.

    Vice Mayor Deringer made a motion to approve Ordinance No. O-02-2009 on first reading.

    Councilmember Moorhouse seconded the motion.

    Motion passed 3-2 (aye – Stewart, Moorhouse, Deringer; nay – Austino, Tennyson).

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6.    MISCELLANEOUS:

*a.   Consideration of a request by Ron Clapp for approval of the proposed multi-family
      residential development sign on property located at 1100 S. Broadway pursuant to Sec. 16-
      55(2) of the Town of Lantana Code of Ordinances

      Mayor Stewart introduced and explained this item on the agenda. Mr. Lohman swore in two
      individuals.

      The following individuals commented on this agenda item: David Thatcher, Development
      Services Director; Ron Clapp, petitioner.

      There was Council discussion.

      Vice Mayor Deringer made a motion to postpone the agenda item for two weeks, until the
      applicant presents the Council with a landscape plan and an updated proposed sign showing the
      removal of “West Lake Worth”.

      Councilmember Tennyson seconded the motion.

      Motion passed 5-0.

*b.   Consideration of a request by Statewide Dispatch d/b/a USA Taxi of Palm Beach, for
      approval of a Taxicab Certificate of Public Convenience and Necessity pursuant to Sec. 22-2
      of the Town of Lantana Code of Ordinances

      Mayor Stewart introduced and explained this item on the agenda. Mr. Lohman swore in three
      individuals.

      The following individuals commented on this agenda item:      David Thatcher, Development
      Services Director; Rudy Gonzalez, petitioner.

      There was Council discussion.

      Councilmember Austino made a motion to approve the request for a Taxicab Certificate of Public
      Convenience and Necessity for USA Taxi of Palm Beach to operate four taxicabs in the Town of
      Lantana.

      Councilmember Moorhouse seconded the motion.

      Motion passed 5-0.

*c.   Consideration of a request for sign variance from Corrie Jones on behalf of “SCJ Lot 31,
      LLC.”, the owner, relative to Sec. 16-58(a)(12) of the Town of Lantana Code of Ordinances
      to permit an additional wall sign on the west side of a commercial building located on
      property at 112 Mayfield Road. (Case # SVAR 09-0001)

      Mayor Stewart introduced and explained this item on the agenda. Mr. Lohman swore in two
      individuals.

      Councilmember Moorhouse disclosed that he was a neighbor of the applicant.

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       Vice Mayor Deringer disclosed that he was a customer of the applicant.

       Mayor Stewart disclosed that he drove by the building in question.

       Councilmember Tennyson disclosed that she also drove by the building in question.

       The following individuals commented on this agenda item:        David Thatcher, Development
       Services Director; Shane Jones, petitioner.

       There was Council discussion.

       Vice Mayor Deringer made a motion to approve the request for sign variance SVAR09-0001 to
       allow an additional wall sign on the west side wall of the commercial building located at 112
       Mayfield Road where the Code allows only a single wall sign on the front of the building.

       Councilmember Moorhouse seconded the motion.

       Motion passed 4-1 (aye – Stewart, Moorhouse, Deringer, Tennyson; nay – Austino).

7.     STATEMENTS FROM THE PUBLIC:

       Mary Genevieve, 1232 Ocean Avenue
       Betty Underwood, 1202 Southlake Drive
       Catherine Skervin, 1307 Southwinds Drive
       Mary Smith, 703 West Pine Street
       Bob Little, 921 Lakeside Place

8.     ITEMS FOR FUTURE AGENDAS (subject to change)

April 27, 2009

       a. Consideration of approval of a contract with Keith and Schnars, P.A. Engineers-Planners-
          Surveyors for the North Atlantic Drive and South Atlantic Drive Drainage Project

       b. Consideration of Ordinance No. O-2-2009, Small Scale Comprehensive Plan Map
          Amendment, for one (1) parcel of real property approximately 10.03 acres in size, located
          at South Dixie Highway, informally known as the “Cenacle Property” in order to change
          the land use designation from R3 residential medium density to C1 commercial low
          density.
          Remarks: Adoption Public Hearing and Second Reading

May 11, 2009 (Tentative date subject to DCA’s comments)

       a. Consideration of Ordinance No. O-01-2009, an ordinance updating the Comprehensive
          Development Plan and adopting Evaluation and Appraisal Report (“EAR”) based
          amendments.
          Remarks: Adoption Public Hearing and Second Reading

David Thatcher announced the North Broadway Neighborhood Traffic Improvement Workshop would be
at 7:00 p.m. at Town Hall on April 23, 2009.

9.   COUNCIL COMMENTS:
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Vice Mayor Deringer had no comment.

Councilmember Austino had no comment.

Councilmember Tennyson had no comment.

Councilmember Moorhouse announced the American Cancer Society Relay for Life was on April 18,
2009.

Mayor Stewart had no comment.


10. ADJOURNMENT:

The motion was made and carried unanimously. There being no further discussion, the meeting adjourned
at 10:00 p.m.

       Aye            Nay


       _____          ______                 __________________________
                                             Mayor Stewart


       ______         ______                 __________________________
                                             Vice Mayor Deringer


       ______         ______                 __________________________
                                             Councilmember Austino


       ______         ______                 __________________________
                                             Councilmember Moorhouse


       ______         ______                 ___________________________
                                             Councilmember Tennyson


ATTEST:


__________________________
Town Clerk




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