Town Council

1. ROLL CALL, MOMENT OF SILENT PRAYER, PLEDGE OF ALLEGIANCE. 2. AGENDA APPROVAL: a. Additions, substitutions, deletions. b. Agenda Approval. 3. STAFF AND COMMITTEE REPORTS: a. Town Council b. Town Manager 4. SPECIAL PRESENTATIONS: a. Presentation of the Police Department Life Saving Award. b. Presentation of the Town's Employee of the Year Award for 2023. c. Presentation of the Government Finance Officers Association's Certificate of Achievement for Excellence in Financial Reporting for the fiscal year ended September 30, 2022. d. Presentation of the Read for the Record Palm Beach County 2023 Small Municipality Winner. 5. APPROVAL OF THE CONSENT AGENDA: a. Minutes of the Regular Town Council Meeting of November 13, 2023. TOWN OF LANTANA Town Hall 500 Greynolds Circle Lantana, FL 33462 Regular Meeting December 11, 2023 - 6:00 p.m. For information regarding the procedures for public participation during a Town Council meeting, please refer to the end of this agenda. *THIS TOWN COUNCIL MEETING CAN BE ACCESSED ONLINE FOR LISTENING PURPOSES ONLY. PLEASE SEE THE LAST PAGE FOR DETAILS. Karen Lythgoe, Mayor ____ Lynn J. Moorhouse, D.D.S., Vice Mayor ____ Mark Zeitler, Vice Mayor Pro Tem ____ Christopher Castle, Councilmember ____ Kem Mason, Councilmember ____ LANTANA STAFF: Brian K. Raducci, Town Manager; R. Max Lohman, Town Attorney; and Kathleen Dominguez, CMC, Town Clerk 12-11-23 Town Council Agenda b. Minutes of the Town Council Workshop Meeting of November 14, 2023. c. Consideration of a Request to Designate Specified Tangible Town-owned Property as Surplus Municipal Property. 6. ORDINANCES AND RESOLUTIONS: a. Consideration of Ordinance O-10-2023, by amending section 23-96 – C1 Commercial District, to modify the commercial docks and/or marina use that is permitted by Special Exception except in the OMX Ocean Avenue Mixed Use Sub-Area of the Downtown Overlay. Remarks: Second Reading b. Consideration of Ordinance No. O-11-2023 Amending Article III.- Legislation, by repealing and readopting Section 2. Elections and Times., of the Town Charter AND Ordinance No. O-12-2023, Chapter 7, Section 7-3. - Date of annual municipal elections. to change the Town’s municipal election date from the second Tuesday in March to the third Tuesday in March during years when there is a Presidential Preference Primary Election (PPP). Remarks: Second Readings c. Consideration of Ordinance No. O-13-2023, amending Section 23-1 - Definition of Terms, to create a definition for "Call Center"; amending Section 23 -98 - Industrial District to allow "Call Center" as a Special Exception use; and amending Section 23-131 - Off-Street Parking and Loading Requirement, to create a "Call Center" parking rate. Remarks: Second Reading 7. QUASI-JUDICIAL HEARINGS: a. Consideration of a request for an additional 6-month extension for three (3) Variances granted to the property located at 518 N 7th St. (Case # VAR23-0003, 0006 and 0007) b. Consideration of variance requests from Sec. 23-95(e) of the Town Code of Ordinances for the property located at 626 Minnesota St in the R15 - Residential Zoning District. (Case # VAR23-0029). c. Consideration of a request for two (2) Special Exceptions, in accordance with Section 23-75 and Section 23-96(d)(9) of the Town's Code of Ordinances, to allow for two (2) existing commercial docks at 300 E Ocean Ave to remain in place. (Case #: SE23-0003). d. Consideration of variance requests from Sec. 23-81(j)(3) of the Town Code of Ordinances for the fence height for the properties located at 604 and 606 Hillbrath Dr, the properties with the associated Parcel Control Numbers 40-43-44-34-00-000-7100 and 40-43-44-34- 000-7070, respectively in the I - Industrial Zoning District. (Case #: VAR23-0017). e. Consideration of variance requests from Sec. 23-81(j)(1) of the Town Code of Ordinances for the property located at 350 E Ocean Ave in the R1A - Residential Zoning District. (Case #: VAR23-0028). 8. MISCELLANEOUS: a. Consideration of authorizing the purchase of two (2) 2024 Ford F350 Regular Cab Utility Body vehicles in the amount of $163,000.00 from Duval Ford Fleet Sales through the Florida Sheriffs Association Contract (FSA 23-VEL-31/FSA 23-VEH21). b. Consideration of authorizing the purchase of one (1) 2024 Nissan Pathfinder SV utility vehicle from Alan Jay Fleet Sales in the amount of $40,338.00. c. Consideration of authorizing the purchase of a Fairbanks Nijhuis 30hp 880rpm 3ph 230v pump motor assembly with impeller from Barney's Pumps Inc. for the Town's master sanitary sewer lift station #1 in an amount not to exceed $48,150.00. 9. PUBLIC COMMENTS: 12-11-23 Town Council Agenda 10. FUTURE EVENTS/IMPORTANT DATES (subject to change): 11. COUNCIL COMMENTS: 12. ADJOURNMENT. December 25, 2023 – Town Offices Closed in Observance of Christmas Day. December 27, 2023 – Planning Commission Meeting, Town Hall Council Chambers, 6:30 p.m. January 01, 2024 - Town Offices Closed in Observance of New Year's Day January 05, 2024 - Drive-In Movie Night, Lantana Sports Park, 7:00 p.m. January 08, 2024 - Town Council Meeting, Town Hall Council Chambers, 6:00 p.m. January 15, 2024 - Town Office Closed in Observance of Martin Luther King, Jr. Day January 18, 2024 - Special Magistrate Hearing, Town Hall Council Chambers, 5:30 p.m. January 22, 2024 - Town Council Meeting, Town Hall Council Chambers, 6:00 p.m. January 24, 2024 - Planning Commission Meeting, Town Hall Council Chambers, 6:30 p.m PROCEDURES FOR PUBLIC PARTICIPATION Any citizen is entitled to be heard on an official agenda item when the Town Council calls for public comment OR any matter not on the agenda under the “Public Comments” section. Citizens desiring to address the Town Council shall step up to the microphone at the podium, state their name and address in an audible voice for the record, and, unless the Chair grants additional time, shall limit their address to three (3) minutes. Citizens who wish to address the Council MUST complete a blue public comment card and present it to the Town Clerk before the item is discussed and wait for the Mayor to announce when it is their turn to speak. Likewise, if the public wishes to speak on a matter on the consent agenda, they must complete a blue card and present it to the Town Clerk before the start of the meeting. 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 Kathleen Dominguez, Town Clerk at Lantana Town Hall, 500 Greynolds Circle, Lantana, Florida, (561) 540-5000. 12-11-23 Town Council Agenda TOWN OF LANTANA Agenda Item Summary AGENDA ITEM No.: 4a PREPARED BY: Sean Scheller, Chief of Police REVIEWED BY: Brian K. Raducci, Town Manager MEETING DATE: December 11, 2023 AGENDA ITEM: Presentation of the Police Department Life Saving Award. ISSUE/BACKGROUND: The Police Department is presenting the Life Saving Award to Officer Arianna Morris for disregarding her own personal safety and taking prompt action, which resulted in the saving of human lives. ATTACHMENT(S): TOWN OF LANTANA Agenda Item Summary AGENDA ITEM No.: 4b PREPARED BY: Kathleen Dominguez, CMC, Town Clerk REVIEWED BY: Brian K. Raducci, Town Manager MEETING DATE: December 11, 2023 AGENDA ITEM: Presentation of the Town's Employee of the Year Award for 2023. ISSUE/BACKGROUND: The Town's Employee Committee is presenting a plaque to Accounting Technician Adam Ganz for being nominated and selected as the Town's Employee of the Year for 2023. The Employee Committee selected Adam Ganz for consistently demonstrating exceptional performance in various roles within our organization and his unwavering willingness to take on new challenges and responsibilities. ATTACHMENT(S): TOWN OF LANTANA Agenda Item Summary AGENDA ITEM No.: 4c PREPARED BY: Kathleen Dominguez, CMC, Town Clerk REVIEWED BY: Brian K. Raducci, Town Manager MEETING DATE: December 11, 2023 AGENDA ITEM: Presentation of the Government Finance Officers Association's Certificate of Achievement for Excellence in Financial Reporting for the fiscal year ended September 30, 2022. ISSUE/BACKGROUND: The Town was recently informed by the Government Finance Officers Association (GFOA) that our annual comprehensive financial report for the fiscal year ended September 30, 2022, qualified for the GFOA's Certificate of Achievement for Excellence in Financial Reporting. The Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. This is the 25th consecutive year that the Town has received this prestigious award. ATTACHMENT(S): 1. GFOA Letter Announcing Award.pdf 11/22/2023 Karen Lythgoe Mayor Town of Lantana, Florida Dear Karen: We are pleased to notify you that your annual comprehensive financial report for the fiscal year ended September 30, 2022 qualifies for GFOA's Certificate of Achievement for Excellence in Financial Reporting. The Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. When a Certificate of Achievement is awarded to a government, an Award of Financial Reporting Achievement (AFRA) is also presented to the individual(s) or department designated by the government as primarily responsible for its having earned the Certificate. This award has been sent to the submitter as designated on the application. We hope that you will arrange for a formal presentation of the Certificate and Award of Financial Reporting Achievement, and give appropriate publicity to this notable achievement. A sample news release is included to assist with this effort. We hope that your example will encourage other government officials in their efforts to achieve and maintain an appropriate standard of excellence in financial reporting. Sincerely, Michele Mark Levine Director, Technical Services TOWN OF LANTANA Agenda Item Summary AGENDA ITEM No.: 4d PREPARED BY: Kathleen Dominguez, CMC, Town Clerk REVIEWED BY: Brian K. Raducci, Town Manager MEETING DATE: December 11, 2023 AGENDA ITEM: Presentation of the Read for the Record Palm Beach County 2023 Small Municipality Winner. ISSUE/BACKGROUND: On November 22, 2023, the Literacy Coalition of Palm Beach County announced the Town of Lantana as the Read for the Record Palm Beach County 2023 Small Municipality Winner for reading "With Lots of Love" on October 26, 2023, for the 18th Read for the Record (RFTR) Day. The Town sent 37 volunteer readers to 18 partner sites: six (6) local public schools and 12 daycare centers to read aloud "With Lots of Love" by Jenny Torres Sanchez to the classrooms of grades PreK - 2nd. The volunteers included Town Staff, Mayor Lythgoe, Town Manager Raducci, the Police Department, four (4) Palm Beach County firefighters, local business owners, residents and even former residents whose alma mater was Lantana Elementary School. Library Director Kristine Kreidler created a video that included multiple Town staff members and officials reading the book aloud (in English and Spanish) at our newly renovated library, which we sent to the schools that requested a virtual reader. We also posted it on our Social Media page, and 103 people viewed it online. In addition, we created a storywalk with pages from the book in our Town Hall breezeway to promote the RFTR day and let kids read the book while exploring Town Hall and its history. We posted our RFTR event flyers on the Library's and Town's Facebook pages, on the Library's Instagram and other platforms to demonstrate the Town's commitment to early literacy. We held two (2) storytimes at our Library – one (1) in the morning and one (1) in the afternoon – to guarantee that everyone, including toddlers and homeschooled children, could participate in the event. Mayor Karen Lythgoe and Town Manager Brian Raducci were our memorable guest readers. The Library guests ate free churros from the BunnBoh Churro Truck and made pinatas and other crafts inspired by the book. ATTACHMENT(S): 1. RFTR 2023 Certificate - Small Municipality Winner.pdf

11-13-23 TC Mtg Minutes Page 1 of 7 TOWN OF LANTANA Regular Meeting Minutes November 13, 2023 1. ROLL CALL, MOMENT OF SILENT PRAYER, PLEDGE OF ALLEGIANCE. Mayor Lythgoe called the regular Town Council meeting to order at 6:00 p.m. in the Council Chambers. Deputy Town Clerk Maria Rios called the roll. All elected officials attended, and a quorum was present. There was a moment of silent prayer followed by the pledge of allegiance. During the moment of silent prayer, Mayor Lythgoe remembered the Town’s IT Technician, Jim Souders, who recently passed away. 2. AGENDA APPROVAL: a. Additions, substitutions, deletions. b. Agenda Approval. Motion: Councilmember Mason made a motion to approve the agenda, as submitted. Councilmember Zeitler seconded the motion. Motion passed 5-0. 3. STAFF AND COMMITTEE REPORTS: a. Town Council Vice Mayor Moorhouse and Councilmember Castle had no reports. Councilmember Mason reported that Lantana Middle School is in the process of getting a new roof for their building and that they would start the work in May. Vice Mayor Pro Tem Zeitler commended staff on the Veterans Day ceremony. Mayor Lythgoe commended the Greater Lantana Chamber of Commerce on their first annual awards banquet from the previous night and how well attended it was. b. Town Manager Town Manager Raducci echoed the Councilmembers’ comments on the Veterans Day Celebration. He thanked Eddie Crockett, Nadine Shawah, and the Public Services staff for their hard work. He also thanked the Police Department, Palm Beach County Fire-Rescue personnel, the Veterans, and the Town Council for attending and supporting the event. Page 2 of 7 11-13-23 TC Mtg Minutes Lastly, Mr. Raducci provided an update on the condition of the currently off-line Water Treatment Plant Softening System. He informed the Town Council that the staff is working with the Florida Department of Health to correct the issue and will return to the Council with a budget amendment if necessary. He reminded the Councilmembers that the Town sent a CodeRED alert to the community to inform them of the issue. Mayor Lythgoe reminded the residents that they can opt out of the CodeRED alerts should they choose to, in response to a recent complaint. 4. SPECIAL PRESENTATIONS: a. Presentation of Employee Service Awards The following staff members were in attendance and recognized: Shanker Doobay, Code Enforcement Officer for five (5) years of service. Jerry Darr, Utilities Assistant Director, for 35 years of service. Justin Dorfman, Police Officer for five (5) years of service. Christian Vargas, Police Officer for five (5) years of service. Thomas Dipolito, Police Detective, for 15 years of service. Karen Dipolito, Police Department Administrative Assistant, for 25 years of service. b. Proclamation Recognizing December 3, 2023, as International Day of Persons with Disabilities. Mayor Lythgoe read aloud the above proclamation. 5. APPROVAL OF THE CONSENT AGENDA: a. Minutes of the Regular Town Council Meeting of October 23, 2023. Motion: Councilmember Mason made a motion to approve the consent agenda, as submitted. Councilmember Castle seconded the motion. Motion passed 5-0. 6. ORDINANCES AND RESOLUTIONS: a. Consideration of Ordinance O-10-2023, by amending section 23-96 – C1 Commercial District, to modify the commercial docks and/or marina use that is permitted by Special Exception except in the OMX Ocean Avenue Mixed Use Sub-Area of the Downtown Overlay. Remarks: First Reading Mayor Lythgoe introduced the above agenda item. Town Attorney Lohman read the below ordinance by title into the record: ORDINANCE NO. O-10-2023 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LANTANA, FLORIDA, AMENDING CHAPTER 23 ZONING, BY AMENDING SECTION 23- 96 – C1 COMMERCIAL DISTRICT. TO MODIFY THE COMMERCIAL DOCKS AND/OR MARINA USE THAT IS PERMITTED BY SPECIAL EXCEPTION Page 3 of 7 11-13-23 TC Mtg Minutes EXCEPT IN THE OMX OCEAN AVENUE MIXED USE SUB-AREA OF THE DOWNTOWN OVERLAY; PROVIDING THAT THE REMAINDER OF CHAPTER 23 SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Nicole Dritz, Development Services Director, provided an overview of the ordinance, the Planning Commission’s recommendation, and answered questions from the Councilmembers. Ms. Dritz clarified that this ordinance would allow property owners with existing commercial docks in the OMX Ocean Avenue Mixed-use Sub-area downtown overlay zone to apply for a special exception to modify their existing docks. There were no public comments. There was discussion from the Councilmembers. Motion: Vice Mayor Moorhouse made a motion to approve Ordinance No. O-10-2023 on first reading. Councilmember Castle seconded. Motion passed 5-0. b. Consideration of Ordinance No. O-13-2023, amending Section 23-1 - Definition of Terms, to create a definition for "Call Center"; amending Section 23 -8 - Industrial District to allow "Call Center" as a Special Exception use; and amending Section 23-131 - Off=Street Parking and Loading Requirement, to create a "Call Center" parking rate. Remarks: First Reading Mayor Lythgoe introduced the above agenda item. Town Attorney Lohman read the below ordinance by title into the record: ORDINANCE NO. O-13-2023 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LANTANA, FLORIDA, AMENDING CHAPTER 23 ZONING, BY AMENDING SECTION 23-1 – DEFINITION OF TERMS. TO CREATE A DEFINITION FOR “CALL CENTER”; BY AMENDING SECTION 23-98 – I INDUSTRIAL DISTRICT. TO ALLOW “CALL CENTER” AS A SPECIAL EXCEPTION USE; BY AMENDING SECTION 23-131 – OFF-STREET PARKING AND LOADING REQUIREMENTS. TO CREATE A “CALL CENTER” PARKING RATE; PROVIDING THAT THE REMAINDER OF CHAPTER 23 SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Director Dritz provided an overview of the ordinance and answered questions from the Councilmembers. Page 4 of 7 11-13-23 TC Mtg Minutes There were no public comments. There was no discussion from the Councilmembers. Motion: Vice Mayor Moorhouse made a motion to approve Ordinance No. O-13-2023 on first reading. Councilmember Mason seconded. Motion passed 5-0. c. Consideration of Ordinance O-09-2023, by amending section 23-81 – General Provisions, to modify rear setback requirements related to waterfront lots. Remarks: Second Reading Mayor Lythgoe introduced the above agenda item. Town Attorney Lohman read the below ordinance by title into the record: ORDINANCE NO. O-09-2023 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LANTANA, FLORIDA, AMENDING CHAPTER 23 ZONING, BY AMENDING SECTION 23- 81 – GENERAL PROVISIONS. BY REPEALING SUBSECTION (b) AND READOPTING SAME AS REVISED, IN ORDER TO REVISE THE CONDITIONAL SET BACK REGULATIONS RELATED TO WATERFRONT LOTS; PROVIDING THAT THE REMAINDER OF CHAPTER 23 SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Director Dritz provided an overview of the ordinance, gave the Planning Commission’s recommendation, and answered questions from the Councilmembers. Town Attorney Lohman clarified that the landscape requirements within the ten (10) foot rear setback would remain. He also explained that a setback regulation's purpose is vertical relief because the taller and closer a structure is, the more imposing it is. Therefore, in the proposed ordinance, the structure cannot exceed eight (8) inches above grade, to include pools and decks. There were public comments from the following individuals: Ann McGlinn-Work, 822 Oyster Ln., W., Lantana, FL 33462 Media Beverly, 1424 S. Atlantic Dr., Lantana, FL 33462 Erica Wald, 613 S. Atlantic Dr., Lantana, FL 33462 Town Attorney Lohman noted that the original purpose for this particular rear setback requirement for waterfront lots was to account for tiebacks for seawalls. He also explained that property owners are only entitled to their view of the water from their lot line, not their neighbor's, and discouraged writing codes that protect other people's views from other people's lots in response to Mrs. Beverly's comments. He also stated that someone could build their house up to the 20-ft setback, with or without a pool (depending on the house's shape and design), but they would still be subject to the Town’s lot coverage, landscape, and water drainage requirements. Lastly, Town Attorney Lohman explained that there have been several Page 5 of 7 11-13-23 TC Mtg Minutes questionable variances for vertical relief within the twenty-foot setback for properties with waterfront lots approved over the years, with no hardships that could be challenged in court, hence the reason for proposing the above ordinance. He answered additional questions from the Councilmembers. A discussion ensued among the Councilmembers. Motion: Vice Mayor Moorhouse made a motion to adopt Ordinance No. O-09-2023 on second reading. Councilmember Castle seconded. Motion passed 5-0. 7. QUASI-JUDICIAL HEARINGS: a. None 8. MISCELLANEOUS: a. Consideration of authorizing the purchase of three (3) 2025 Ford Police Interceptor Utility vehicles from Alan Jay Fleet Sales in the amount of $150,618.00. Mayor Lythgoe introduced the agenda item. Sean Scheller, Police Chief, provided an overview of the item, explained how the vehicles will be used, and answered questions from the Councilmembers. There were no public comments. There was no discussion among the Councilmembers. Motion: Councilmember Castle made a motion to approve the purchase of three (3) 2025 Ford Police Interceptor Utility vehicles from Alan Jay Fleet Sales in the amount of $150,618.00. Councilmember Mason seconded. Motion passed 5-0. b. Consideration of entering into a Grant Agreement with the State of Florida Department of Environmental Protection for FY 2023-2024 for funding in the amount of $1,421,200.00 with $710,600.00 (50%) coming from the State as a grant and $710,600.00 (50%) coming from the Town as our match for the Lantana Beach Curve Flood Protection Project. Mayor Lythgoe introduced the agenda item. Eddie Crockett, Public Services Director, provided an overview of the grant agreement and the project, and answered questions from the Councilmembers. There were no public comments. There was no discussion among the Councilmembers. Motion: Councilmember Mason made a motion to accept the Grant Award from the State of Florida Department of Environmental Protection in the amount of $1,421,200.00 with $710,600.00 (50%) coming from the State as a grant and $710,600.00 (50%) coming from the Town as our match for the Lantana Beach Curve Flood Protection Project, and to authorize the Town Manager Page 6 of 7 11-13-23 TC Mtg Minutes to execute the Grant Agreement and any other documents he deems necessary and prudent to effectuate this grant. Vice Mayor Moorhouse seconded the motion. Motion passed 5-0. c. Town Manager Review Mayor Lythgoe introduced the above agenda item. Each Councilmember expressed gratitude to Town Manager Raducci for his hard work and leadership, the improvements staff is making around the Town, grant monies sought and obtained, his communication skills and accessibility, etc. Town Attorney Lohman stated that the salary increase amount is at the Town Council’s discretion. There were no public comments. A discussion ensued among the Councilmembers. Town Manager Raducci thanked the Councilmembers and spoke about how much he enjoys working for the Town and appreciates his staff and the Councilmembers’ support. Motion: Councilmember Mason made a motion to give the Town Manager a 5% increase for the current year. Councilmember Castle seconded. Motion passed 5-0. 9. PUBLIC COMMENTS: Erica Wald, 613 S. Atlantic Dr., Lantana, FL 33462, expressed concern with the trash pick-up service. She said the trash containers are getting knocked down after pick-up and are left lying flat on the ground with their lids open, allowing water to collect inside the bins when it rains. She also said when she called the Town's trash hauler company, no one seemed to listen, care, or want to do anything about it. 10. FUTURE EVENTS/IMPORTANT DATES (subject to change): Mayor Lythgoe reviewed the upcoming dates and events. 11. COUNCIL COMMENTS: Mayor Lythgoe congratulated Library Director Kristine Kreidler, for winning the Young Professional of the Year Award during the Greater Lantana Chamber of Commerce’s first annual awards banquet. 12. ADJOURNMENT. The motion was made and carried unanimously. There being no further discussion, the meeting adjourned at 7:20 p.m. Page 7 of 7 11-13-23 TC Mtg Minutes _____________________________ Mayor Karen Lythgoe ATTEST: __________________________________ Kathleen Dominguez, CMC, Town Clerk 11-14-23 TC WKSHP Minutes TOWN OF LANTANA Workshop Meeting Minutes November 14, 2023 1. ROLL CALL, MOMENT OF SILENT PRAYER, AND PLEDGE OF ALLEGIANCE. Mayor Lythgoe called the Town Council Workshop meeting to order at 5:30 p.m. in the Town Hall Council Chambers. Town Clerk Dominguez called the role and established a quorum. All elected officials were in attendance. There was a moment of silent prayer followed by the pledge of allegiance. 2. APPROVAL OF AGENDA. MOTION: Councilmember Mason made a motion to approve the agenda, as submitted. Vice Mayor Moorhouse seconded. Motion passed 5-0. 3. MISCELLANEOUS: a. Discussion of the Redevelopment of 1201 S. Dixie Highway Mayor Lythgoe introduced the agenda item and invited Development Services Director Nicole Dritz to the podium for her presentation. Ms. Dritz provided a PowerPoint presentation on the status of the redevelopment of 1201 S. Dixie Highway, the former K-Mart Site. During her presentation, she reviewed the following topics: the current status of the site since the K-Mart vacancy, recent history, the current proposal from the new property owners (developers), how the Master Plan design concept for the site relates to its redevelopment, and staff’s thoughts and comments on the draft proposal from the developers. Ms. Dritz clarified that although they haven’t received a formal submittal from the Developer, she is speaking with them and wants to ensure she is giving them clear and concise feedback that reflects what the Town Council and the residents envision for the nine-acre Mixed-Use site and that it will include elements from the Town’s Master Plan. She also clarified that the two out parcels – Bank of America and the old IHOP restaurant are not included in the planned development. She explained that the new owners have expressed a desire to make some façade improvements to the Lantana pizza building parcel but are not considering a redevelopment for that site. Ms. Dritz reviewed the Town’s permitted use for the K-Mart site according to its zone and the maximum allowable density of 15 dwelling units per acre for residential use. She compared it to the current proposal of 35 residential dwelling units per acre, which would be 659 total units for the entire project site. She added that the developers want the Town Council to amend the Town Code to allow 35 residential units per acre. 11-14-23 TC WKSHP Minutes Ms. Dritz reviewed the Master Plan’s design concept for the K-Mart/Winn Dixie site and pointed out that it is the last and single most significant redevelopment opportunity in the Town. She also reviewed the Master Plan’s recommended density of 25 residential units per acre, five- story building height, uses, open spaces, streetscapes, signage, and other design elements for that site. Town Attorney Lohman spoke about the Live Local Act and how it could be applied to the Developer’s proposal for 35 residential units. Ms. Dritz said she would support increasing the allowable density depending on how well they design the site plan and achieve the other desired components from the Master Plan. She also said the Town should consider asking for something in return from the Developer should they give them a higher density. She explained how the density impacts the surrounding areas and how the Developer can include other plan components, such as ground floor office and retail, in phases. Finally, Ms. Dritz reviewed the three (3) items below from the Developer’s draft proposal. She compared them to the Master Plan design concept and the Master Plan Committee’s recommendations for those categories. She asked the Town Council for a consensus on the items below and said she would provide this information to the developers for their final submission.  Density/Total # of Units  Height  Use – a mix of uses, not fully residential A discussion ensued among the Councilmembers. Ms. Dritz stated that the total number of desired units per acre (25) could be accomplished with three to four-story buildings, in response to a question from Councilmember Mason. She answered additional questions from the Councilmembers. Town Attorney Lohman recommended that the Town Council consider amending the allowable building height instead of the number of stories. He also said it’s likely that the Developer will sell the property after it gets developed, as was the case with Water Tower Commons, and to keep that in mind in the future. Town Manager Raducci encouraged the Town Council to be flexible on the building height and stories in return for a well-designed site plan that works for the Town, in response to concerns expressed by Councilmember Mason. 4. COUNCIL COMMENTS. It was the consensus of the Town Council to consider allowing 25 dwelling units per acre if the developer presents a site plan that works well for the Town, allowing 470 dwelling units for the entire 18-acre site if they include the Lantana Pizza Plaza as a future planned redevelopment phase, increasing the height depending on the building type, and mixing the use of the space so it's not fully residential. 11-14-23 TC WKSHP Minutes 5. ADJOURNMENT. The motion was made and carried unanimously. There being no further discussion, the meeting adjourned at 6:40 p.m. _____________________________ Mayor Karen Lythgoe ATTEST: ________________________________ Kathleen Dominguez, CMC, Town Clerk TOWN OF LANTANA Agenda Item Summary AGENDA ITEM No.: 5c PREPARED BY: Eddie Crockett, Public Services Director REVIEWED BY: Brian K. Raducci, Town Manager MEETING DATE: December 11, 2023 AGENDA ITEM: Consideration of a Request to Designate Specified Tangible Town-owned Property as Surplus Municipal Property. ISSUE/BACKGROUND: Administrative Policy #09, Section D. entitled Disposition of Capital Assets, requires that all requests for disposition of capital assets must be submitted to the Town Council for approval. Once approved, such property can be disposed of by sale, donation, public auction, destruction or other appropriate means. Due to the age or condition of the items listed on Attachment “A”, these assets are no longer considered useful for Town purposes and as a result are deemed surplus municipal property. Assuming approval of this request, these items will be turned over to our online auctioneer - GovDeals to assist and coordinate with the Town for the disposition of the items listed on Attachment "A". ATTACHMENT(S): 1. Fall 2023 Surplus List (1).pdf SAMPLE MOTION: I move to (approve) (deny approval of) the designation of the capital assets listed on Attachment “A” as surplus municipal property and authorize the disposal of this property at the Town Manager’s discretion. Year Description Asset Serial Purchased Quantity Model Disposal Reason Photo Number Number 2002 2 Yamaha 250hp Outboard Boat Motors High Pressure Direct Injection One of the outboard motors is inoperable. Cost to repair exceeds motor value. Both motors have been replaced N/A N/A (not legible) 2005 1 Powerware 9125 1500va UPS Uninterruptible power supply (UPS) purchased over seventeen (17) years ago, and is no longer compatible with current IBM Power I server. Batteries no long function. 5881 SN10J8JK0 2014 1 Dell OptiPlex 9020 Computer purchased over nine (9) years ago, under performs for current needs, and operating system is no longer supported. Unable to use spare parts for newer machines. 6748 770JV12 2017/2018 2 Panasonic Toughbook CF54 Two (2) laptops purchased over four (4) years ago, both are damaged and unusable. Unable to use spare parts for newer machine. 6951/7058 7JTSA70896/8JTAA79166 2017 2 Sensus Autoread Handheld Meter Readers with GPS Two (2) water meter reading handheld devices were purchased over five (5) years ago and are no longer supported by vendor. Superseded by newer models, and can no longer be used. 6906/6907 190935/190283 2017 1 Neopost IN600-AF Mailing/Postage Machine The current postage machine was purchased over six (6) years ago and is becoming obsolete per the United States Postal Service. Funding in the current fiscal year will provide for its replacement. 6900 RB1641237044 2007 1 Kawasaki Mule 600 Parts are not available for the machine 6302 JK1AFEB177B510084 List of Surplus Town Property TOWN OF LANTANA As of December 2023 2017/2018 6 IPS Kiosk (s) IPS Parking system deemed obsolete. Replaced by ParkMobile 6946/6947/6948/6971 6972/7065 N/A 2015 1 HP Designjet T520 36" Plotter Device is inoperable and cant be repaired 6812 CN4CG6M016 TOWN OF LANTANA Agenda Item Summary AGENDA ITEM No.: 6a PREPARED BY: Nicole Dritz, Development Services Director REVIEWED BY: Brian K. Raducci MEETING DATE: December 11, 2023 AGENDA ITEM: Consideration of Ordinance O-10-2023, by amending section 23-96 – C1 Commercial District, to modify the commercial docks and/or marina use that is permitted by Special Exception except in the OMX Ocean Avenue Mixed Use Sub-Area of the Downtown Overlay. Remarks: Second Reading ISSUE/BACKGROUND: This is a staff-initiated text amendment in an effort to encourage commercial docks and/or marinas into the Downtown working waterfront, as well as help to bring a long-time existing business into compliance. Currently, commercial docks and/or marinas are permitted by Special Exception in the C1 Zoning District. The current Code does not allow for commercial docks and/or marinas to be applied as a Special Exception for the OMX Ocean Avenue Mixed Use Sub-Area of the Downtown Overlay. The proposed Ordinance would allow a commercial property within the OMX Sub-Area to apply for a Special Exception for the use of commercial docks and/or marinas. It is important to note that this proposed ordinance: Would allow all properties in the C1 Zoning District within the OMX Ocean Avenue Mixed Use Sub-Area of the Downtown Overlay the opportunity to seek approval of a commercial dock and/or marina through the Special Exception process. Does not make the commercial dock and/or marina use permitted by right. Does not adjust the requirements to the size of the commercial dock and/or marina. Does not regulate the number of docks allowed on a property. Does not regulate the number of vessels allowed at a marina or commercial dock. The Planning Commission reviewed this ordinance at their regularly scheduled meeting of October 25, 2023 and recommended approval 4-1 (Nay- Rosemary Mouring). Voting members were Joseph Farrell, Michelle Donahue, Rosemary Mouring, Ed Shropshire and Lyn Tate. The Town Council reviewed and unanimously approved this Ordinance on first reading at the November 13, 2023 Town Council Meeting. ATTACHMENT(S): 1. O-10-2023.docx SAMPLE MOTION: I move to (adopt) (deny adoption of) Ordinance O-10-2023 on second reading. Ordinance No. O-10-2023 Page 1 of 3 ORDINANCE NO. O-10-2023 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LANTANA, FLORIDA, AMENDING CHAPTER 23 ZONING, BY AMENDING SECTION 23-96 – C1 COMMERCIAL DISTRICT. TO MODIFY THE COMMERCIAL DOCKS AND/OR MARINA USE THAT IS PERMITTED BY SPECIAL EXCEPTION EXCEPT IN THE OMX OCEAN AVENUE MIXED USE SUB-AREA OF THE DOWNTOWN OVERLAY; PROVIDING THAT THE REMAINDER OF CHAPTER 23 SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the Town Council of the Town of Lantana has determined that a need exists to amend Chapter 23 – Zoning. of the Town’s Code of Ordinances; and WHEREAS, the Town Council has determined this revision to be in the best interests of the health, safety, and welfare of the citizens of the Town of Lantana. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF LANTANA, FLORIDA: SECTION 1: Chapter 23 – Zoning. of the Code of Ordinances of the Town of Lantana is amended at Section 23-96 – C1 commercial district. providing that 23-96 shall hereafter read as follows: (a) – (c) (These subsections shall remain in full force and effect as previously adopted). (d) Special Exceptions. When the Town Council determines as a fact, after review of the application and plans submitted therewith that the conditions, general standards and provisions of this Code as set forth in section 23-75, and other regulations as set forth and defined in this Code, have been met, and when the proposed use or uses are consistent with good zoning practice and are not contrary to the policies of the Town comprehensive land use plan, the following uses shall be permitted (see NOTE below): Note: Special exception uses denoted with the following two-letter subarea codes, representing specified sub-areas specifically defined at section 23-130, indicate that these special exception uses are NOT allowed in those denoted subarea(s): CC- Cottage Commercial; DC-Dixie Corridor; and OMX-Ocean Avenue Mixed Use. Ordinance No. O-10-2023 Page 2 of 3 (1) – (8) (These subsections shall remain in full force and effect as previously adopted) (9) Commercial docks and/or marinas (see Section 23-134 for additional requirements), except in OMX. (10) – (28) (These subsections shall remain in full force and effect as previously adopted) (e) – (g) (These subsections shall remain in full force and effect as previously adopted) SECTION 2: Each and every other Section and Subsection of Chapter 23 Zoning. shall remain in full force and effect as previously enacted. SECTION 3: All Ordinances or parts of Ordinances in conflict be and the same are hereby repealed. SECTION 4: Should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. SECTION 5: Specific authority is hereby granted to codify this Ordinance. SECTION 6: This Ordinance shall take effect immediately upon adoption. (The remainder of this page is intentionally left blank.) Ordinance No. O-10-2023 Page 3 of 3 FIRST READING this 13 th day of November, 2023. SECOND AND FINAL READING this 11th day of December, 2023. TOWN OF LANTANA _____ _____ ______________________________________ Aye Nay Mayor Karen Lythgoe _____ _____ ______________________________________ Aye Nay Vice Mayor Lynn J. Moorhouse, D.D.S. _____ _____ _____________________________________ Aye Nay Vice Mayor Pro Tem Mark Zeitler _____ _____ ______________________________________ Aye Nay Councilmember Christopher Castle _____ _____ ______________________________________ Aye Nay Councilmember Kem Mason ATTEST: ______________________________________ (SEAL) Kathleen Dominguez, CMC, TOWN CLERK Approved as to form and legal sufficiency. ______________________________________ R. Max Lohman, TOWN ATTORNEY TOWN OF LANTANA Agenda Item Summary AGENDA ITEM No.: 6b PREPARED BY: Kathleen Dominguez, CMC, Town Clerk REVIEWED BY: Brian K. Raducci, Town Manager MEETING DATE: December 11, 2023 AGENDA ITEM: Consideration of Ordinance No. O-11-2023 Amending Article III.- Legislation, by repealing and readopting Section 2. Elections and Times., of the Town Charter AND Ordinance No. O- 12-2023, Chapter 7, Section 7-3. - Date of annual municipal elections. to change the Town’s municipal election date from the second Tuesday in March to the third Tuesday in March during years when there is a Presidential Preference Primary Election (PPP). Remarks: Second Readings ISSUE/BACKGROUND: Staff proposes amending the applicable Town Charter and Town Code sections that establish the municipal election date as the second Tuesday of March to allow us to hold our municipal elections concurrent with the Presidential Preference Primary (PPP) election year, which typically occurs every four (4) years, on the third Tuesday in March. Article III. - Legislative, Section 2. - Election and terms. of the Town Charter and Section 7-3. - Date of annual municipal elections. of the Town's Code establishes the Town's municipal election date as the second Tuesday of March each year. However, the PPP election date is March 19, 2024, the third Tuesday. When there is a PPP, the Palm Beach County Supervisor of Elections schedules the municipal election date to coincide with the PPP, which has been the past practice in previous years and significantly reduces the Town's election costs. Accordingly, staff recommends adopting Ordinance No. O-11-2023 and its companion Ordinance No. O-12-2023, to avoid conflict and continue partnering with the Palm Beach County Supervisor of Elections, allowing all future municipal elections to occur on the same day as a PPP election. These ordinances were reviewed and unanimously approved on first reading at the October 23, 2023 Town Council meeting. However, since that meeting, a minor change was made to Ordinance No. O- 11-2023 so that the language in both ordinances now states that the municipal election will coincide with a statewide or countywide PPP election and removed the language that said "the third Tuesday in March." Hence, both ordinances now read consistently should the statewide election date change and occur on another day in March. ATTACHMENT(S): 1. Ord-O-11-2023 _Town Charter Amendment Rev. 10.25.23_Max's Changes.docx 2. Ordinance O-12-2023_Rev. 10.25.23_Max.docx SAMPLE MOTION: I move to (adopt) (deny adoption of) Ordinance No. O-11-2023 on second reading. I move to (adopt) (deny adoption of) Ordinance No. O-12-2023 on second reading. ORDINANCE NO. O-11-2023 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LANTANA, FLORIDA, AMENDING THE TOWN CHARTER AT ARTICLE III. - LEGISLATIVE. BY REPEALING SECTION 2. ELECTION AND TERMS. AND READOPTING SAME, AS REVISED IN ORDER TO ALLOW THE TOWN’S MUNICIPAL ELECTION TO COINCIDE WITH THE STATEWIDE OR COUNTYWIDE PRESIDENTIAL PREFERENCE PRIMARY ELECTION; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF THE CHARTER OF THE TOWN OF LANTANA SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, Article III, Section 2 of the Town Charter establishes the date for Town municipal elections as the second Tuesday of March each year in which there is a Town municipal election; and WHEREAS, the federal presidential preference primary election falls on the third Tuesday of March, and WHEREAS, in years of statewide or countywide presidential preference primary elections, the Town Council desires to move the Town’s general municipal election date to be concurrent with the presidential preference primary election; and WHEREAS, moving the date of the Town’s municipal election requires the Town Council to adopt an ordinance to amend Article III, Section 2. of the Town Charter; and WHEREAS, Sections 100.3605(2), 101.75(3) and 166.021(4), Florida Statutes, permit the Town to amend its Charter in order to change the date of its municipal election by Ordinance and without referendum; and WHEREAS, the Town Council deems approval of this Ordinance to be in the best interest of the health, safety, and welfare of the residents and citizens of the Town of Lantana, Florida. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF LANTANA, FLORIDA, that: Section 1: The foregoing facts and recitals set forth hereinabove are hereby adopted and incorporated by reference as if fully set forth herein. Page 2 of 3 Ordinance No. O-11-2023 Section 2: The Charter of the Town of Lantana, Florida is hereby amended at Article III. – Legislative, by repealing Section 2. Election and Terms. and readopting same, as revised in order to change the date of the municipal election to the third Tuesday of March to be concurrent with statewide or countywide presidential preference primary elections; providing that Section 2. Shall hereafter read as follows: Sec. 2. – Election and terms. On the second Tuesday in March of each year a general election shall be held to elect members of the town council, except in year 2020, when the election shall be held on the third Tuesday of March to coincide with the federal presidential primary. On the second Tuesday in March of each year, a general election shall be held to elect members of the town council, except in those years in which a statewide or countywide presidential preference primary election is held. In such years, the Town’s general municipal election shall be held concurrently with the federal presidential preference primary election. This election of members of the town council shall be groups to be known as Groups 1, 2, 3, 4 and 5 (mayor). Councilmembers in Groups 1 and 2 shall be elected for three (3) year terms commencing in March 1986. Councilmembers in Groups 3 and 4 shall be elected to three (3) year terms commencing in March 1987. The councilmember in Group 5 (mayor) shall be elected to a three (3) year term commencing in March 1985; and thereafter, as their respective terms of office shall expire, councilmembers shall be elected for and shall hold office for the term of three (3) years. Section 3: Each and every other section and subsection of the Charter of the Town of Lantana, Florida shall remain in full force as previously adopted. Section 4: All Ordinances or parts of Ordinances in conflict be and the same are hereby repealed. Section 5: Should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of the Ordinance. Section 6: Specific authority is hereby granted to codify this Ordinance. Section 7: This Ordinance is effective immediately upon adoption. (The remainder of page of this is intentionally left blank.) Page 3 of 3 Ordinance No. O-11-2023 FIRST READING this 23 rd day of October, 2023. SECOND AND FINAL READING this 11th day of December, 2023. TOWN OF LANTANA _____ _____ ______________________________________ Aye Nay Mayor Karen Lythgoe _____ _____ ______________________________________ Aye Nay Vice Mayor Lynn J. Moorhouse, D.D.S. _____ _____ ______________________________________ Aye Nay Vice Mayor Pro Tem Mark Zeitler _____ _____ ______________________________________ Aye Nay Councilmember Christopher Castle _____ _____ ______________________________________ Aye Nay Councilmember Kem Mason ATTEST: (SEAL) ______________________________________ Kathleen Dominguez, CMC, TOWN CLERK Approved as to form and legal sufficiency. ______________________________________ R. Max Lohman, TOWN ATTORNEY Page 1 of 3 ORDINANCE NO. O-12-2023 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LANTANA, FLORIDA, AMENDING CHAPTER 7. ELECTIONS AT SECTION 7-3. DATE OF ANNUAL MUNICIPAL ELECTIONS. TO PROVIDE ALTERNATIVE MUNICIPAL ELECTION DATES FOR THOSE YEARS IN WHICH THERE IS A PRESIDENTIAL PREFERENCE PRIMARY ELECTION; PROVIDING THAT THE REMAINDER OF CHAPTER 7 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. WHEREAS, Chapter 7, Elections, Section 7-3, sets forth the date of annual municipal elections; and WHEREAS, the Town Council desires to move the Town’s general election date to be concurrent with the presidential preference primary election in years in which such statewide or countywide elections occur; and WHEREAS, the Town Council deems approval of this Ordinance to be in the best interest of the health, safety, and welfare of the residents and citizens of the Town of Lantana, Florida. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF LANTANA, FLORIDA, that: Section 1: The foregoing facts and recitals set forth hereinabove are hereby adopted and incorporated by reference as if fully set forth herein. Section 2: Chapter 7. Elections. of the Code of Ordinances of the Town of Lantana is amended at Section 7-3. Date of annual municipal election. by providing that Section 7-3 shall hereafter read as follows: Sec. 7-3. Date of annual municipal elections. The annual election to fill the town council seats shall be held on the second Tuesday in March and runoff elections, if necessary, shall be held on the fourth Tuesday in March of the calendar year. Notwithstanding the foregoing, in those years in which a statewide or countywide presidential preference primary election is being held the town’s general election shall be held concurrently with said statewide or countywide election. If a special election is held as set forth in section 7-1 hereinabove or at article V, section 4 of the town Charter, such election must be Page 2 of 3 coordinated with the supervisor of elections and shall be held on a date acceptable to said supervisor of elections. Section 3: Each and every other section and subsection of the Code of Ordinances of the Town of Lantana, Florida shall remain in full force as previously adopted. Section 4: All Ordinances or parts of Ordinances in conflict be and the same are hereby repealed. Section 5: Should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of the Ordinance. Section 6: Specific authority is hereby granted to codify this Ordinance. Section 7: This Ordinance is effective immediately upon adoption. (The remainder of this page is intentionally left blank.) Page 3 of 3 FIRST READING this 23 rd day of October, 2023. SECOND AND FINAL READING this 11th day of December, 2023. TOWN OF LANTANA _____ _____ ______________________________________ Aye Nay Mayor Karen Lythgoe _____ _____ ______________________________________ Aye Nay Vice Mayor Lynn J. Moorhouse, D.D.S. _____ _____ ______________________________________ Aye Nay Vice Mayor Pro Tem Mark Zeitler _____ _____ ______________________________________ Aye Nay Councilmember Christopher Castle _____ _____ ______________________________________ Aye Nay Councilmember Kem Mason ATTEST: (SEAL) ______________________________________ Kathleen Dominguez, CMC, TOWN CLERK Approved as to form and legal sufficiency. ______________________________________ R. Max Lohman, TOWN ATTORNEY TOWN OF LANTANA Agenda Item Summary AGENDA ITEM No.: 6c PREPARED BY: Nicole Dritz, Development Services Director REVIEWED BY: Brian K. Raducci, Town Manager MEETING DATE: December 11, 2023 AGENDA ITEM: Consideration of Ordinance No. O-13-2023, amending Section 23-1 - Definition of Terms, to create a definition for "Call Center"; amending Section 23 -98 - Industrial District to allow "Call Center" as a Special Exception use; and amending Section 23-131 - Off-Street Parking and Loading Requirement, to create a "Call Center" parking rate. Remarks: Second Reading ISSUE/BACKGROUND: This is a privately initiated Text Amendment. A business, that has asked to remain confidential and would like to be referred to as “Project Connect”, has operated in Town for many years. The business has recently approached the Town with a request to expand their business. Currently the use of a “call center” is not listed as a permitted use in the Town Code. Before the business can expand, they first need to amend the text to create a “call center” use so that Project Connect can proceed with the expansion of their existing operation. The proposed ordinance adds a “call center” into the list of Special Exceptions, creates a definition of what the Town considers to be a call center, and also outlines parking requirements for the use. It is important to note the proposed ordinance: Would allow all properties in the Industrial Zoning District the opportunity to seek approval of a call center through the Special Exception process. Does not allow call centers by right. Does not limit the number of call centers allowed in the Industrial Zoning District. Specifies what the Town considers to be a call center through a formal definition. Outlines specific parking requirements, for the call center's use. The Planning Commission reviewed this ordinance at their regularly scheduled meeting of October 25, 2023 and recommended approval unanimously. Voting members were Joseph Farrell, Michelle Donahue, Rosemary Mouring, Ed Shropshire and Lyn Tate. The Town Council reviewed and unanimously approved this Ordinance on first reading at the November 13, 2023 Town Council Meeting. ATTACHMENT(S): 1. Ordinance_O-13-2023.docx SAMPLE MOTION: I move to (adopt) (deny adoption of) Ordinance O-13-2023 on second reading. Ordinance No. O-13-2023 Page 1 of 4 ORDINANCE NO. O-13-2023 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LANTANA, FLORIDA, AMENDING CHAPTER 23 ZONING, BY AMENDING SECTION 23-1 – DEFINITION OF TERMS. TO CREATE A DEFINITION FOR “CALL CENTER”; BY AMENDING SECTION 23-98 – I INDUSTRIAL DISTRICT. TO ALLOW “CALL CENTER” AS A SPECIAL EXCEPTION USE; BY AMENDING SECTION 23-131 – OFF- STREET PARKING AND LOADING REQUIREMENTS. TO CREATE A “CALL CENTER” PARKING RATE; PROVIDING THAT THE REMAINDER OF CHAPTER 23 SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the Town Council of the Town of Lantana has determined that a need exists to amend Chapter 23 – Zoning. of the Town’s Code of Ordinances; and WHEREAS, the Town Council has determined this revision to be in the best interests of the health, safety, and welfare of the citizens of the Town of Lantana. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF LANTANA, FLORIDA: SECTION 1: Chapter 23 – Zoning. of the Code of Ordinances of the Town of Lantana is amended at Section 23-1. Definition of terms. providing that Section 23-1 shall hereafter read as follows: Sec. 23-1. Definition of terms. All words used in the present tense shall include the future tense; all words used in the plural number shall include the singular number unless the natural construction indicates otherwise; the words "used for" shall include the meaning "designed for"; the word "structure" shall include the word "building"; the word "lot" shall include the words "plot" and "tract"; and the word "shall" is mandatory. For purposes of this chapter, the following terms or words shall be used in the interpretation of the purpose and intent herein. In addition, definitions related to land development, subdivision and platting are listed in Chapter 17.5, Article XII, Appendix 13. “Accessory building or structure” – “Bulk storage, sale or distribution” (These definitions shall remain in full force and effect as previously adopted) Ordinance No. O-13-2023 Page 2 of 4 Call Center: An establishment primarily engaged in providing customer service, support, or information in a centralized office environment, and whose typical activities included receiving (inbound) or transmitting (outbound) telephone calls, facsimiles, or internet communications (e.g., live chat, instant messaging, email). The use is often integrated into a campus style development and/or not frequented by the general public. “Car wash (automatic or self-service)” – “Zoning Code” (These definitions shall remain in full force and effect as previously adopted) SECTION 2: Chapter 23 – Zoning. of the Code of Ordinances of the Town of Lantana is amended at Section 23-98 – I industrial district. providing that 23-98 shall hereafter read as follows: (a) – (c) (These subsections shall remain in full force and effect as previously adopted). (d) Special exceptions. When the town council determines as a fact, after review of the application and plans submitted therewith, that the conditions, general standards and provisions of this Code, as set forth in section 23-75, and other regulations as set forth and defined in this Code, have been met, and when the proposed use or uses are consistent with good zoning practice and are not contrary to the policies of the Town comprehensive land use plan, the following uses shall be permitted: (1) – (9) (These sub-sections shall remain in full force and effect as previously adopted). (10) Call Center. (e) – (f) (These subsections shall remain in full force and effect as previously adopted). SECTION 3: Chapter 23 – Zoning. of the Code of Ordinances of the Town of Lantana is amended at Section 23-131 – Off-street parking and loading requirements. providing that SCHEDULE 23-131.1 MINIMUM NUMBER OF OFF-STREET PARKING SPACES shall hereafter read as follows: Ordinance No. O-13-2023 Page 3 of 4 Use Classification Minimum Off-Street Parking Required Off-Street Loading Required (1) “Single-family dwelling units (2)” – “Business offices/studios, individual” (These parking rates shall remain in full force and effect as previously adopted) Call Center One (1) space per call center employee workspace @ maximum shift, plus two (2) spaces per one thousand (1,000) square feet of area not used for call center employee workspaces. N/A “Car wash, self-service or automatic” – “Warehouse” (These parking rates shall remain in full force and effect as previously adopted) SECTION 4: Each and every other Section and Subsection of Chapter 23 Zoning. shall remain in full force and effect as previously enacted. SECTION 5: All Ordinances or parts of Ordinances in conflict be and the same are hereby repealed. SECTION 6: Should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. SECTION 7: Specific authority is hereby granted to codify this Ordinance. SECTION 8: This Ordinance shall take effect immediately upon adoption. (The remainder of this page is intentionally left blank.) Ordinance No. O-13-2023 Page 4 of 4 FIRST READING this 13 th day of November, 2023. SECOND AND FINAL READING this 11th day of December, 2023. TOWN OF LANTANA _____ _____ ______________________________________ Aye Nay Mayor Karen Lythgoe _____ _____ ______________________________________ Aye Nay Vice Mayor Lynn J. Moorhouse, D.D.S. _____ _____ _____________________________________ Aye Nay Vice Mayor Pro Tem Mark Zeitler _____ _____ ______________________________________ Aye Nay Councilmember Christopher Castle _____ _____ ______________________________________ Aye Nay Councilmember Kem Mason ATTEST: (SEAL) ______________________________________ Kathleen Dominguez, CMC, TOWN CLERK Approved as to form and legal sufficiency. ______________________________________ R. Max Lohman, T