TOWN OF LANTANA
REGULAR MEETING MINUTES
October 10, 2011
1. ROLL CALL:
Mayor Stewart called the regular meeting to order at 7:01 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 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 55 spectators.
APPROVAL OF MINUTES:
Councilmember Austino made a motion to approve the final public budget hearing minutes of September
26, 2011.
Councilmember Deringer seconded the motion.
Motion passed 5-0.
Councilmember Deringer made a motion to approve the regular meeting minutes of September 26, 2011.
Councilmember Austino seconded the motion.
Motion passed 5-0.
3.
AGENDA APPROVAL:
Vice Mayor Moorhouse made a motion to approve the agenda as submitted.
Councilmember Austino seconded the motion.
Motion passed 5-0.
4.
STAFF AND COMMITTEE REPORTS:
Mayor Stewart announced someone has lost a key in the parking lot and it would be available up front.
a.
Proclamation recognizing October 16-22, 2011 as Florida City Government Week
Mayor Stewart read the proclamation and presented it to Richard Radcliffe, Palm Beach County
League of Cities Executive Director. Mayor Stewart explained how Mr. Radcliffe has had a longterm relationship with local government as a 23 year Councilman in Greenacres. He said the Palm
Beach County League of Cities sends youth to local and state conferences, reads to children in the
elementary school and has an educational process at the middle school. Mr. Radcliffe announced that
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12 elected officials will speak at the schools and there will be ongoing projects all year. He said it is a
growing endeavor with cities like Lantana and the Literacy Coalition is involved. He said people are
becoming more aware and thanked Lantana for recognizing Florida City Government Week.
b.
Council Reports
Vice Mayor Moorhouse had no report.
Councilmember Aridas announced that on October 12th he and the Mayor attended the 50th
Anniversary of the Church of the Holy Guardian Angels in Lantana. He said it was a great ceremony.
Councilmember Austino announced she attended the “Taste of Italy” event done by the Lantana
Chamber of Commerce. She said it was a very nice event with a very large turnout and good food.
Councilmember Deringer said the joint chambers of commerce from Lake Worth, Lantana and
Boynton had a tri-city chamber meeting in Boynton. He said it was very well attended with food and a
lot of business was accomplished. He said it was quite successful.
Mayor Stewart said his report is basically what has already been stated, and he wanted to add a
compliment to the Town Manager, Development Services Director David Thatcher, and other Town
staff for an item they have been working on that is on this agenda. He said Lantana is one of the
forefront cities for the Property Assessed Clean Energy (PACE) Program, which is an initiative to save
energy for Town businesses and residents. He explained that the Town has partnered with four other
smaller cities and at one point there was an energy grant for over a million dollars that was spread
throughout the cities. He added that some of the money would not have been available to any of the
small cities if we had not partnered together, the grant paid for half of the renovations at the Police
Annex Building and it saves the taxpayers money.
c.
Town Manager Report
Mr. Bornstein said the A.G. Holley property surplus process is still underway. He explained that the
FL Department of Environmental Protection first sends out a notice to universities, then to state
agencies, then to local agencies in accordance with the process instituted by State Law. He said the
next step is to have a survey and appraisal of the property done and then go out to bid. He added that
it has taken ten years to get to this point and he would keep Council updated. He then announced
Lantana’s 4th Annual GreenFest is October 22nd on Town Hall grounds. He explained details of the
event and invited everyone to come.
5.
ORDINANCES AND RESOLUTIONS:
a.
NONE
6.
MISCELLANEOUS:
a.
Consideration of a Contract with Green Earth Environmental Education Foundation for an
amount not to exceed $25,000.00 for development of Education and Outreach Program for the
Five-City Municipal Energy Conservation Coalition (MECC) with funds from an Energy
Efficiency and Conservation Block Grant (EECBG) ARE022
Mayor Stewart introduced and explained this item on the agenda.
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No individuals from the public commented on the agenda item and there was no Council discussion.
Vice Mayor Moorhouse made a motion to approve the contract with Green Earth Environmental
Education Foundation for an amount not to exceed $25,000.00 for development of an
education and outreach program and authorize the Town Manager to execute the same.
Councilmember Austino seconded the motion.
Motion passed 5-0.
*b. Consideration of a request for variance from WAHE Guru Group, LLC, owner, relative to Sec.
23-96(f) of the Lantana Code of Ordinances to allow for the construction of a building with a
maximum building height of forty-three (43’) feet where the Code of Ordinances only permits a
maximum building height of thirty-five (35’) feet relative to a proposed four story structure
within the C1 Commercial zoning district. The subject property is located at 1251 Hypoluxo
Road.
CASE # VAR 11-0001
Mayor Stewart introduced and explained this item on the agenda. He then asked Council for
disclosures. Vice Mayor Moorhouse said he spoke with the Town Manager and Town Attorney
about the agenda item. Councilmember Aridas said he spoke with the Town Manager, residents and
met with Bonnie Miskel, Attorney at Law, concerning the agenda item. Councilmember Austino
said she spoke with the Town Manager, Town Attorney, received e-mails from residents and spoke
with John Johnson with Holiday Inn Express. Councilmember Deringer said he attended a meeting
about the agenda item at the Comfort Inn, spoke with the Town Attorney and John Johnson with
Holiday Inn Express. Mayor Stewart said he spoke with Town staff and residents about the agenda
item. He also said that he received an e-mail from Attorney Miskel, but replied by fax that he does not
meet about agenda items coming before Council.
Mr. Lohman swore in 15 individuals for public comment.
The following individuals from the public commented on the agenda item:
David Thatcher, Development Services Director; Hardia Sibia, Applicant, 17825 Fieldbrook Circle
W., Boca Raton; Gordon Terry Witt, 1227 Palama Way; Joe Farrell, 920 Wynnwood Circle; Fred
Bevins, 1305 W. Indies Way; Kim Copp, 1310 W. Indies Way; Gina Montie, 1306 W. Indies Way;
Dustin Mizell, 968 Julia Heights Drive; Niel Patel, 1221 Hypoluxo Road; Ricardo Cidade, 1221
Hypoluxo Road; and Bonnie Miskel, Esq. representing Comfort Inn and Suites.
Vice Mayor Moorhouse made a motion to accept Mr. Patel’s Exhibit “A”.
Councilmember Aridas seconded the motion.
Motion passed 5-0.
Afterwards, Chris Johnson, 1307 W. Indies Way, commented on the agenda item. David Thatcher,
Development Services Director, and Hardia Sibia, Applicant, answered questions from Council. The
Town accepted Petitioner’s Exhibits “A” and “B” from Mr. Sibia.
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Mr. Lohman swore in Belen Cabrera, 952 Wynnwood Circle, who then spoke. Afterwards, Niel
Patel, 1221 Hypoluxo Road, and Richard Schlosberg, 417 S. Atlantic Drive, commented. Mr.
Lohman swore in Mark Smith, 480 W. Boynton Beach Blvd., Boynton Beach, who then spoke,
followed by comments from Bonnie Miskel, Esq.
Mayor Stewart asked for any additional public comments and there were none. He then closed the
public portion of the meeting.
Mr. Sidia, Applicant, made final comments.
Councilmember Deringer made a motion to deny the requested variance VAR11-0001 in order to
allow the construction of a hotel with a height of forty-three (43) feet where the code allows thirty-five
(35) feet on property in the C1 Commercial zoning district located at 1251 Hypoluxo Road.
Councilmember Aridas seconded the motion.
There was Council discussion. Mr. Lohman asked to clarify if the denial was based on criteria #2, 4
and 5 on the variance application referenced by Council, which are the following conditions:
 The special conditions and circumstances result from the actions of the applicant;
 Literal interpretation of the provisions of the zoning ordinance does not deprive the applicant
of rights commonly enjoyed by other properties in the same district; and
 The variance requested is not the minimum variance that will make possible the reasonable
use of the land, building or structure.
Councilmember Deringer and Councilmember Aridas agreed that the motion for denial was based
on the above conditions.
Motion passed 4-1 (Nay-Councilmember Austino).
c.
Consideration of CSA 2011-04 with Mathews Consulting, Inc., authorizing engineering services
for the construction of a 1,100 foot long extension of the 6-inch water main along North Atlantic
Drive
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.
Vice Mayor Moorhouse made a motion to approve CSA No. 2011-04 with Mathews Consulting,
Inc. authorizing engineering services for the construction of a 1,100 foot long extension of the
6-inch water main along North Atlantic Drive.
Councilmember Austino seconded the motion.
Motion passed 5-0.
7.
STATEMENTS FROM THE PUBLIC:
Joe Farrell, 920 Wynnwood Circle
Nancy Phillips, 919 S. 11th Street
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Catherine Skervin, 1307 Southwinds Drive
Richard Schlosberg, 417 S. Atlantic Drive
8.
ITEMS FOR FUTURE AGENDAS (subject to change)
October 24, 2011
a. Consideration of awarding a contract for supplying and installing diamond rail fences throughout
Town
b. Consideration of awarding a contract for supplying and installing concrete monuments throughout
Town
c. Consideration of awarding a contract for supplying and installing aluminum gates throughout
Town
9.
COUNCIL COMMENTS:
Vice Mayor Moorhouse and Councilmember Aridas had no additional comments.
Councilmember Austino said she has not forgotten about protecting the A.G. Holley scrub area.
Councilmember Deringer said he read in the newspaper about the Supervisor of Elections not having
enough time to prepare for municipal elections after the January primary and the article seems to
suggest municipalities may be able to save money by moving their elections from March to January.
Mayor Stewart explained that the original discussion was if the presidential primary was the first
Tuesday in March, the voting machines could not be reset in time for the municipal elections on the
second Tuesday in March. He said now that the presidential primary is in January, that should not be
a problem, and most municipalities in the county are staying with their March election date.
Councilmember Deringer suggested cancelling the November 28th and December 26th Council
meetings because of the holidays.
Councilmember Deringer made a motion to cancel the November 28, 2011 and December 26, 2011
Council meetings.
Vice Mayor Moorhouse seconded the motion.
There was discussion.
Motion passed 3-2 (Nay-Mayor Stewart and Councilmember Austino).
Mayor Stewart said he believes the Town should always have the regularly scheduled Council
meetings every second and fourth Monday, unless they fall on or immediately next to a holiday.
10. ADJOURNMENT:
The motion was made and carried unanimously. There being no further discussion, the meeting adjourned
at 8:53 p.m.
Aye
5
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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Councilmember Deringer
ATTEST:
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Town Clerk
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