TOWN OF LANTANA
REGULAR MEETING MINUTES
July 23, 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 followed by the Pledge of Allegiance to the flag.
PRESENT: Mayor Stewart, Vice Mayor Aridas, Vice Mayor Pro Tem Austino, Councilmember Deringer and Councilmember Moorhouse.
ALSO PRESENT: Deborah S. Manzo, Town Manager; Mrs. Gibson, Town Clerk; R. Max Lohman, Legal Counsel and approximately 21 spectators.
2. APPROVAL OF MINUTES:
Councilmember Deringer made a motion to approve the regular meeting minutes of July 9, 2012.
Councilmember Austino seconded the motion.
Motion passed 5-0.
3. AGENDA APPROVAL:
Councilmember Austino made a motion to approve the agenda as submitted.
Councilmember Moorhouse seconded the motion.
Motion passed 5-0.
4. STAFF AND COMMITTEE REPORTS:
a. Council Reports
Vice Mayor Aridas reported that he attended the Palm Beach County League of Cities meeting with Councilmember Deringer and the Town Manager. He said he also attended a Kiwanis Club meeting, and the Club said that they miss the Mayor’s attendance at the meetings.
Councilmember Austino suggested that Council think about re-evaluating whether the Town really needs an All-Terrain Vehicle (ATV) at the beach because every penny counts. She requested to discuss the issue at the end of the meeting and give direction to the Town Manager.
Councilmember Austino made a motion to add Agenda Item 6f to discuss whether to include an ATV in the FY 2013 budget.
Councilmember Moorhouse seconded the motion. There was Council discussion.
Motion passed 4-1 (Nay-Councilmember Deringer.)
Councilmember Deringer said that there was a nice article about Jerry Kastigar in the Coastal Star newspaper, and shared the article.
Councilmember Moorhouse had no report.
Mayor Stewart said that he was at a Greater Lantana Chamber of Commerce card exchange and there was a discussion about improvements needed at their office building. He requested to have a discussion concerning the Council’s thoughts on making improvements to the Town’s building occupied by the Chamber.
Councilmember Moorhouse made a motion to add Agenda Item 6g to discuss the office building occupied by the Greater Lantana Chamber of Commerce.
Councilmember Austino seconded the motion.
Motion passed 4-1 (Nay-Councilmember Deringer).
b. Town Manager Report
Ms. Manzo explained that Council was provided with a revised agreement for Agenda Item 6b, which includes minor changes requested by the County.
5. ORDINANCES AND RESOLUTIONS:
a. Consideration of Ordinance No. O-10-2012, amending Chapter 11. Licenses, Permits and Business Regulations. of the Code of Ordinances of the Town of Lantana in order to amend the schedule of business taxes assessed by the Town.
Remarks: Second and Final Reading
Mayor Stewart introduced and explained this item on the agenda. There was Council discussion.
Mr. Lohman read the Ordinance title:
ORDINANCE NO. O-10-2012
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LANTANA, FLORIDA, AMENDING CHAPTER 11. LICENSES, PERMITS AND BUSINESS REGULATIONS. OF THE CODE OF ORDINANCES OF THE TOWN OF LANTANA AT ARTICLE II. BUSINESS TAX AND REGISTRATION. BY REPEALING AND READOPTING SECTION 11-28 AS REVISED, IN ORDER THAT THE SCHEDULE OF BUSINESS TAXES SHALL BE ESTABLISHED AND AMENDED BY ORDINANCE IN ACCORDANCE WITH STATE LAW; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 11. LICENSES, PERMITS AND BUSINESS REGULATIONS. SHALL REMAIN THE SAME AS PREVIOUSLY ENACTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Mr. Lohman explained that the schedule of business taxes is maintained by the Town Clerk in Town Hall so anyone can see it.
No individuals from the public commented on the agenda item.
Councilmember Moorhouse made a motion to adopt Ordinance No. O-10-2012 on second and final reading.
Vice Mayor Aridas seconded the motion.
Motion passed 5-0.
b. Consideration of Ordinance No. O-12-2012, amending the Town of Lantana Code of Ordinances Chapter 2, Article II Town Council. in order to account for the Town Council expense allowance and to clarify and revise regulations regarding filling of board vacancies.
Remarks: Second and Final Reading
Mayor Stewart introduced and explained this item on the agenda.
Mr. Lohman read the Ordinance title:
ORDINANCE NO. O-12-2012
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LANTANA, FLORIDA, AMENDING CHAPTER 2. ADMINISTRATION. AT ARTICLE II. TOWN COUNCIL. BY REPEALING SECTION 2-16. SALARIES – COUNCILMEMBERS. AND SECTION 2-17. SAME – MAYOR., AND READOPTING SAME, AS REVISED IN ORDER TO ADDRESS COUNCILMEMBER EXPENSE STIPENDS; FURHTER AMENDING CHAPTER 2. BY REPEALING SECTION 2-18. ADMINISTRATIVE BOARDS, ABSENTEE POLICY., AND READOPTING SAME, AS REVISED IN ORDER TO CLARIFY REGULATIONS REGARDING ATTENDANCE AT MEETINGS AND FILLING OF VACANCIES; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB-SECTION OF CHAPTER 2. ADMINISTRATION. 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.
No individuals from the public commented on the agenda item and there was no Council discussion.
Councilmember Austino made a motion to adopt Ordinance No. O-12-2012 on second and final reading.
Councilmember Deringer seconded the motion.
Motion passed 5-0.
c. Consideration of Resolution No. R-09-2012, supporting the County’s continued allocation of $12.50 to municipalities from each moving traffic violation written by municipal law enforcement officers.
Mayor Stewart introduced and explained this item on the agenda.
Mr. Lohman read the Resolution title:
RESOLUTION NO. R-09-2012
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LANTANA FLORIDA, STRONGLY SUPPORTING THE COUNTY’S CONTINUED ALLOCATION OF THE $12.50 FUNDS TO THE MUNICIPALITIES PURSUANT TO COUNTY RESOLUTION NO. R-2002-0192, WHICH SERVES TO ENHANCE THE COUNTY’S INTERGOVERNMENTAL COMMUNICATIONS PLAN; AND STRONGLY SUPPORTING THE COUNTY’S DISBURSEMENT OF THE $12.50 FUNDS TO COVER EXPENSES FOR ALL MUNICIPALITIES THAT HAVE RADIO SYSTEMS THAT ARE FUNCTIONALLY INTEROPERABLE WITH THE COUNTY’S RADIO SYSTEM WITHOUT ARBITRARY DISTINCTIONS BEING MADE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
No individuals from the public commented on the agenda item.
There was Council discussion.
Councilmember Moorhouse made a motion to approve Resolution No. R-09-2012 to continue allocation of the $12.50 funds to the municipalities pursuant to County Resolution No. R-2002-0192.
Vice Mayor Aridas seconded the motion.
Motion passed 5-0.
6. MISCELLANEOUS:
a. Consideration of setting the proposed millage rate, date, time and location of the First Public Hearing for the Fiscal Year 2012-2013 Budget.
Mayor Stewart introduced and explained this item on the agenda.
Erica Wald, 613 S. Atlantic Drive, commented on the agenda item.
There was Council discussion regarding scheduling for the public hearings.
Councilmember Deringer made a motion to approve setting the proposed millage rate at 3.2395 and setting the First Public Budget Hearing for September 10, 2012, at 6:00 p.m. in the Town Council Chambers, 500 Greynolds Circle, Lantana, Florida and a tentative Second Public Budget Hearing date on September 19, 2012 at 7:00 p.m.
Vice Mayor Aridas seconded the motion. There was Council discussion regarding the proposed millage rate.
Motion passed 3-2 (Nay-Councilmember Austino and Councilmember Moorhouse).
b. Consideration of an interlocal agreement with Palm Beach County for data T1/ internet services.
Mayor Stewart introduced and explained this item on the agenda.
No individuals from the public commented on the agenda item.
Ms. Manzo explained that entering into an agreement with the County would save the Town $5,700.00 a year compared to the Town’s current internet provider.
Councilmember Deringer made a motion to approve the interlocal agreement with Palm Beach County for internet services.
Councilmember Austino seconded the motion. There was Council discussion. Mr. Lohman confirmed that Council is considering the revised agreement provided that includes minor clerical changes for legal sufficiency.
Motion passed 5-0.
c. Consideration of a sole source contract with Xylem, Inc., for Wastewater Lift Stations pumps and a control Panel in an amount not to exceed $55,312.00.
Mayor Stewart introduced and explained this item on the agenda.
No individuals from the public commented on the agenda item and there was no Council discussion.
Councilmember Austino made a motion to approve the sole source contract with Xylem, Inc. in an amount not to exceed $55,312.00.
Vice Mayor Aridas seconded the motion.
Motion passed 5-0.
d. Consideration of a Contract with Erin L. Deady, P.A. for an amount not to exceed $8,830.00 for administrative assistance on the Five-Town Energy Grant.
Mayor Stewart introduced and explained this item on the agenda.
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 $8,830.00 for additional administrative assistance for the Five-Town energy grant and authorize the Town Manager to execute the same.
Vice Mayor Aridas seconded the motion.
Motion passed 5-0.
e. Consideration of an amendment to the agreement with Green Earth Environmental Education Foundation, Inc. (Radio Green Earth) to add to the scope of work and add funding in the amount of $5,000.00 for a total contract amount not to exceed $30,000.00.
Mayor Stewart introduced and explained this item on the agenda.
David Thatcher, Development Services Director, answered questions from Council.
Councilmember Austino made a motion to approve Addendum #1 to the contract with Green Earth Environmental Education Foundation, Inc. for a total contract amount not to exceed $30,000 for website development services for the Five-Town energy grant and authorize the Town Manger to execute the same.
Councilmember Deringer seconded the motion.
Motion passed 5-0.
f. (ADDED) Discussion of whether to include an All-Terrain Vehicle (ATV) in the FY 2013 budget
Councilmember Austino said that there is a need to re-evaluate the need for an ATV because Lantana’s beach is small. She said it should be left to the discretion of the Town Manager, but she thinks the Town should take the ATV out of the budget and wait a year.
Mike Greenstein, Operations Director, commented. There was Council discussion and a consensus to leave the decision up to the Town Manager. There were comments from Erica Wald, 613 S. Atlantic Drive and Catherine Skervin, 1307 Southwinds Drive. Mayor Stewart asked Council if he can write a letter to the President of the United States for the Town to be reimbursed the money lost for the day and a half that the beach was closed during his recent visit to the area. He said that it could pay for the ATV. There was Council discussion and Ms. Manzo explained that between the visit from the President and Vice President, there was $4,680 of potential revenue loss from beach parking. There was Council discussion and a consensus that money for the ATV could be requested for reimbursement.
Councilmember Moorhouse made a motion for the Mayor to write a letter asking the President of the United States for reimbursement of the potential revenue loss from beach parking during his visit.
Councilmember Austino seconded the motion.
Motion passed 5-0.
g. (ADDED) Discussion regarding the office building occupied by the Greater Lantana Chamber of Commerce
Mayor Stewart said some people came to him after the Chamber’s meeting to inquire about the Town’s plans to improve the office building occupied by the Chamber. He asked Council for their opinion on what the Town’s relationship should be with the Chamber concerning the building. There was Council discussion regarding an event that was planned last year for volunteers to scrape and paint the outside of the building, but was somehow cancelled due to a complaint and report that there was lead in the paint. Mr. Greenstein explained that a machine was bought to scrape the paint, but he received instruction not to do so because the building was tested for lead and lead was found in the paint. There was a discussion concerning the Chamber versus the Town’s responsibility to make improvements to the building and the relationship between the Chamber and Town over the years.
There were comments from Catherine Skervin, 1307 Southwinds Drive, Erica Wald, 613 S. Atlantic Drive and Mike Greenstein, Operations Director. Ms. Manzo explained that the Chamber may be at the next Council meeting to request a waiver of fees to use the Lantana Recreation Center for a Lantana Appreciation Day event on August 25th. There was a discussion and a consensus for the Town Manager to speak with the Chamber and have a discussion at the next Council meeting concerning expenses and their use of the building in addition to the rental of the Lantana Recreation Center.
7. STATEMENTS FROM THE PUBLIC:
Erica Wald, 613 S. Atlantic Drive
Catherine Skervin, 1307 Southwinds Drive
8. ITEMS FOR FUTURE AGENDAS (subject to change)
August 13, 2012 / · Consideration of Ordinance No. O-13-2012, Annexation of the Finnish American Rest HomeRemarks: First Reading
· Consideration of Ordinance No. O-17-2012, amending Chapter 6. Buildings and Building Regulations of the Code of Ordinances regarding telecommunications tower
Remarks: First Reading
· Consideration of Ordinance No. O-18-2012, amending Chapter 23. Zoning of the Code of Ordinances regarding telecommunications towers as special exceptions
Remarks: First Reading
· Consideration of awarding a bid for renovation of the marine safety building
· Consideration of awarding a bid for engineering services
August 27, 2012 / · Consideration of Ordinance No. O-13-2012, Annexation of the Finnish American Rest Home
Remarks: Second Reading
· Consideration of Ordinance No. O-17-2012, amending Chapter 6. Buildings and Building Regulations of the Code of Ordinances regarding telecommunications tower
Remarks: Second and Final Reading
· Consideration of Ordinance No. O-18-2012, amending Chapter 23. Zoning of the Code of Ordinances regarding telecommunications towers as special exceptions
Remarks: Second and Final Reading
· Consideration of Resolution No. R-07-2012, amending Section 2 of Resolution No. R-04-03 regarding utility rate increases
· Consideration of Resolution No. R-08-2012, amending the Water and Wastewater Fee Schedule
· Consideration of approving the Lantana Public Library Long Range Service Plan for years 2012-2014
· Consideration of approving surplus vehicles
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 8:30 p.m.
Aye Nay
______Mayor Stewart
______Vice Mayor Aridas
______Councilmember Austino
______
Councilmember Deringer
______Councilmember Moorhouse
ATTEST:
______
Town Clerk