REGULAR MEETING OF THE CITY OF DEERFIELD BEACH

CITY COMMISSION

Tuesday, May 2, 2000 7:00 P.M.

The meeting was called to order at 7:10 P.M. by Mayor Capellini on the above date in the City Commission Room, City Hall.

Roll Call showed:

Present: Commissioner Gwyndolen Clarke-Reed

Commissioner Peggy Noland

Commissioner Amadeo Trinchitella

Mayor Albert Capellini, P.E.

Absent: Vice Mayor Kathy Shaddow

Also Present: City Attorney Andrew Maurodis

City Manager Larry Deetjen

City Clerk Felicia Bravo

INVOCATION AND PLEDGE OF ALLEGIANCE

The invocation was offered by Reverend Tony Farmer of New Life Church, followed by the Pledge of Allegiance to the flag.

APPROVAL OF MINUTES

Regular Meeting of the Commission - April 18, 2000

A motion to approve the minutes made by Commissioner Clarke-Reed and was seconded by Commissioner Noland. Roll call showed: YEAS: Commissioner Clarke-Reed, Commissioner Noland, Commissioner Trinchitella, and Mayor Capellini. NAYS: None.

ACKNOWLEDGEMENT OF BOARD MINUTES

    1. Beautification Authority - March 27, 2000
    2. Community Appearance Board - March 8, 2000
    3. Community Appearance Board - March 22, 2000

The Commission acknowledged the above board minutes.

PRESENTATIONS

COMMUNITY IMPROVEMENT VIDEO

There was a video with footage of various community improvements and events.

FLORIDA ATLANTIC UNIVERSITY RESEARCH PARK

Mayor Capellini advised the City Commission and residents that Florida Atlantic University (FAU) decided to establish a research park on the former I-95 rest area property. The research park would have a business incubator with approximately 40% of the business being e-commerce and the rest being mechanical engineering. Mayor Capellini introduced Bill Smith.

Commissioner Clarke-Reed said that the MOC I would still be incorporated into the area and it would provide an economic base and employment opportunities to Deerfield Beach. The city attorney read the following resolution into the record by title only:

Resolution 2000/081

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO NEGOTIATE AN INTERLOCAL AGREEMENT ON SUPPORT SERVICES AND LEASE FOR CERTAIN PROPERTY LOCATED ALONG I-95, TO THE FLORIDA ATLANTIC RESEARCH AND DEVELOPMENT AUTHORITY

A motion to approve made by Commissioner Trinchitella was seconded by Commissioner Clarke-Reed. Roll call showed: YEAS: Commissioner Clarke-Reed, Commissioner Noland, Commissioner Trinchitella, and Mayor Capellini. NAYS: None.

PROCLAMATION: JIM SMITH DAY

Mayor Capellini thanked Jim Smith for his many contributions to the City of Deerfield Beach and the Deerfield Beach Chamber of Commerce.

Mr. Smith thanked the Commission for the proclamation.

PROCLAMATION: NATIONAL DAY OF PRAYER

Mayor Capellini read the proclamation and advised that the National Day of Prayer was to be celebrated on May 4, 2000 at 12:00 P.M. at the City flag pole. All were invited to attend.

NEW VAN AND BUS FOR USE AT N.E. FOCAL POINT

Todd Littlejohn, President of the N.E. Focal Point CASA, Inc. presented keys to a new van and bus for use at N.E. Focal Point. They received a grant from FDOT and monies from the Jeb Bush campaign.

Mr. Littlejohn also presented a $1000.00 check to Pioneer Park for the Fort Riverbend project and a $1000.00 check to Westside Park.

CERTIFICATE OF APPRECIATION: ALL STAR GOLF CART

Mayor Capellini presented a certificate of appreciation to Larry Kascoe of All Star Golf Cart for donating a golf cart to Community Services for use at special events.

CENSUS 2000

Ned Mandel, US Census Bureau, discussed enumerating Deerfield Beach. Approximately 25 people are enumerating in Deerfield Beach. The US census would like to complete seven forms per person per day. Each enumerator wears an ID badge and carries a language card. He thanked the City Commission for its assistance with locating training centers.

Commissioner Clarke-Reed mentioned that some apartments in northwest Deerfield Beach did not receive forms.

Mr. Mandel stated enumerators would cover all of those areas.

WRITTEN REQUEST TO ADDRESS THE COMMISSION

None

PUBLIC HEARINGS CHANGE OF USE

None

PUBLIC HEARINGS

APPLICATION 00-R-126 BY JOHN R. DODD

Mayor Capellini noted that this was the time and the place for a public hearing on following ordinance:

Ordinance 2000/011

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH REZONING A .989 ACRE PARCEL FROM RM-10 TO B-1A, SAID PARCEL DESCRIBED AS LOTS 4, 5, 6, 7, 10 AND 11, BLOCK 8 OF THE TOWN OF DEERFIELD, LOCATED AT 164, 180 AND 196 S.E. 2ND AVENUE AND 206 S.E. 1ST STREET, MORE PARTICULARLY DESCRIBED IN THE FILE; CONTAINING A PROVISION FOR REVISION OF THE CITY ZONING MAP; CONTAINING A SEVERABILITY CLAUSE; CONTAINING AN EFFECTIVE DATE

LEGALLY ADVERTISED: April 22, 2000

Director of Planning and Growth Management Gerald Ferguson advised that this ordinance was to rezone a .989-acre parcel from RM-10 to B-1A located at 164, 180 and 196 S. E. 2nd Avenue and 206 S. E. 1st Street. Staff had no objections and the application was approved by the Planning and Zoning Board.

Mr. Dodd came forward to state that he intended to use the new building for offices only and not additional warehouse space.

Mayor Capellini opened the hearing to the public. No one came forward to speak.

A motion to close the public hearing made by Commissioner Noland was seconded by Commissioner Trinchitella. Roll call showed: YEAS: Commissioner Clarke-Reed, Commissioner Noland, Commissioner Trinchitella, and Mayor Capellini. NAYS: None.

A motion approve made by Commissioner Noland was seconded by Commissioner Clarke-Reed. Roll call showed: YEAS: Commissioner Clarke-Reed, Commissioner Noland, Commissioner Trinchitella, and Mayor Capellini. NAYS: None.

FLORIDA MUNICIPAL LOAN COUNCIL

Mayor Capellini noted that this was the time and the place for a public hearing on following ordinance:

Ordinance 2000/012

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH, RESTATING AND AMENDING ORDINANCE NO. 1999/021 ACKNOWLEDGING THE FLORIDA MUNICIPAL LOAN COUNCIL, AUTHORIZING THE NEGOTIATION OF A LOAN IN AN AGGREGATE AMOUNT NOT TO EXCEED $12,800,000 FROM THE FLORIDA MUNICIPAL LOAN COUNCIL; APPROVING THE ACQUISITION, CONSTRUCTION AND ERECTION OF CERTAIN CAPITAL PROJECTS; APPROVING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT WITH THE FLORIDA MUNICIPAL LOAN COUNCIL; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION WITH THE MAKING OF SUCH LOAN; AMENDING SECTION 7 TO PROVIDE FOR A MATURITY DATE OF 2030; AND PROVIDING AN EFFECTIVE DATE

LEGALLY ADVERTISED: April 22, 2000

Mayor Capellini opened the hearing to the public. No one came forward to speak.

A motion to close the public hearing made by Commissioner Clarke-Reed was seconded by Commissioner Noland. Roll call showed: YEAS: Commissioner Clarke-Reed, Commissioner Noland, Commissioner Trinchitella, and Mayor Capellini. NAYS: None.

A motion approve made by Commissioner Trinchitella was seconded by Commissioner Clarke-Reed. Roll call showed: YEAS: Commissioner Clarke-Reed, Commissioner Noland, Commissioner Trinchitella, and Mayor Capellini. NAYS: None.

AMEND NOISE ORDINANCE

Mayor Capellini noted that this was the time and the place for a public hearing on following ordinance:

Ordinance 2000/013

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH REPEALING CITY CODE SECTIONS 34-56 THROUGH 34-61, ADOPTING NOISE STANDARDS WITHIN THE CITY OF DEERFIELD BEACH; PROVIDING FOR A SHORT TITLE, INTENT AND PURPOSE AND DEFINITIONS; ESTABLISHING SPECIFIC NOISE PROHIBITIONS; ESTABLISHING NOISE CONTROL STANDARDS BY AND USE MAP DESIGNATION; ALLOWING FOR EXEMPTIONS TO THE ORDINANCE; ESTABLISHING A PROCEDURE FOR VARIANCES; ESTABLISHING THE BROWARD COUNTY SHERIFF'S OFFICE AS THE ENFORCING AGENCY AND PROVIDING FOR PENALTIES; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE AND CODIFICATION

LEGALLY ADVERTISED: April 22, 2000

Mayor Capellini opened the hearing to the public.

Muriel Moine of Richmond C stated that for the past 10 years the noise from Military Trail, Tri-Rail and Publix warehouse has been unbearable. There is a constant droning and would like to see something to be done about the noise.

City Attorney Andrew Maurodis advised her that this ordinance did not cover traffic noise. The ordinance extended the residential protection to mechanical noise such as blowers, construction, music and other tools.

City Manager Larry Deetjen added that the ordinance was being aimed at dredging activities in Deerfield Beach. He reiterated that the issues Ms. Moline mentioned were not covered by the ordinance.

Ms. Moline commented that the noises mentioned were ones that stopped at some point, but the ones she mentioned were continuous.

City Manager Deetjen agreed with her assessment, but added that the situation would not only continue, but in the case of Tri-Rail, would increase.

Howard Ross, 2527 SW 14 Court, complained that car stereos and noisy tires were problematic. His understanding was that decibel levels would be measured under this ordinance and asked if this would extend to automobiles.

City Manager Deetjen answered measuring noise would be handled by the county. He said it would not address automobiles' stereos or wheels.

Commissioner Trinchitella asked why these problems were not being addressed by City administration.

Mr. Ross said he went to a community meeting and was told by Chief Brennan that loud car stereos and speeding would be addressed by his officers.

Mayor Capellini replied the City of Deerfield Beach has excellent police coverage, however, that did not mean every violation would be caught. Moreover, on certain matters like the train whistles, the city did not have jurisdiction because if fell under interstate commerce laws and that was the purview of the federal government.

Michael Arts, 217 SE 12 Street, said that he had difficulty hearing the ordinance's title and wanted to be sure that it was not going to disable any of the current portions of the current noise ordinance.

Attorney Maurodis advised that it would enhance the current law.

Mr. Arts also asked if it would still prohibit outdoor music by businesses serving alcoholic beverages.

Attorney Maurodis said that the new ordinance would repeal the old ordinance, but would put more stringent laws in place. It covered a great variety of issues.

Commissioner Clarke-Reed added the ordinance did address public entertainment establishments and prohibited them from making loud noise after 11:00 PM.

Mayor Capellini stated the purpose of the ordinance was to help the residents of Crystal Lake with the dredging noises. It did not dismantle any of the other restrictions currently in the code.

Mr. Arts asked if the Commission would table the item to a later date so he would have time to review the ordinance.

Mayor Capellini replied that the ordinance could be amended.

Carmine Frangilo, 739 SE 9 Avenue, asked how the ordinance would effect residents who used gas generators during power outages caused by hurricanes.

Commissioner Noland responded those are emergency situations and the noise ordinance would not apply.

David London, 1480 SW 11 Way, he asked if FAU could undertake studying noise surpression technology.

A motion to close the public hearing made by Commissioner Trinchitella was seconded by Commissioner Clarke-Reed. Roll call showed: YEAS: Commissioner Clarke-Reed, Commissioner Noland, Commissioner Trinchitella, and Mayor Capellini. NAYS: None.

A motion approve made by Commissioner Trinchitella was seconded by Commissioner Noland. Roll call showed: YEAS: Commissioner Clarke-Reed, Commissioner Noland, Commissioner Trinchitella, and Mayor Capellini. NAYS: None.

REORGANIZE HUMAN RESOURCES

Mayor Capellini noted that this was the time and the place for a public hearing on following ordinance:

Ordinance 2000/014

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH PROVIDING FOR A REORGANIZATION OF CITY ADMINISTRATION, CREATING A NEW DIVISION IN THE HUMAN RESOURCES DEPARTMENT THAT WILL BE RESPONSIBLE FOR THE MAINTENANCE OF THE CITY'S WEBSITE, AUDIO VISUAL SERVICES, AND INFORMATION REPORTING TO RESIDENTS

LEGALLY ADVERTISED: April 22, 2000

 

 

Commissioner Noland asked that this item be continued to the next meeting so that she would have time to have some of her ongoing questions answered.

A motion continue to May 16, 2000 made by Commissioner Noland was seconded by Commissioner Trinchitella. Roll call showed: YEAS: Commissioner Clarke-Reed, Commissioner Noland, Commissioner Trinchitella, and Mayor Capellini. NAYS: None.

 

COMBINE RISK MANAGEMENT, FACILITIES MAINTENANCE AND MITIGATION SERVICES

Mayor Capellini noted that this was the time and the place for a public hearing on following ordinance:

Ordinance 2000/015

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH PROVIDING FOR REORGANIZATION OF CITY DEPARTMENTS, COMBINING RISK MANAGEMENT, FACILITIES MAINTENANCE, AND MITIGATION SERVICES INTO ONE DEPARTMENT

LEGALLY ADVERTISED: April 22, 2000

Mayor Capellini opened the hearing to the public. No one came forward to speak.

A motion to close the public hearing made by Commissioner Noland was seconded by Commissioner Trinchitella. Roll call showed: YEAS: Commissioner Clarke-Reed, Commissioner Noland, Commissioner Trinchitella, and Mayor Capellini. NAYS: None.

A motion approve made by Commissioner Noland was seconded by Commissioner Clarke-Reed. Roll call showed: YEAS: Commissioner Clarke-Reed, Commissioner Noland, Commissioner Trinchitella, and Mayor Capellini. NAYS: None.

QUASI-JUDICIAL HEARINGS

APPLICATION 00-CB3-3, NUZZO & ASSOCIATES BY MARK NUZZO

Mayor Capellini advised this was the time and place scheduled for a public hearing on the following:

Application 00-CB3-3, Nuzzo & Associates By Mark Nuzzo

To construct five 3,000 square-foot office/warehouse Buildings totaling 15,000 square feet at 5151 North Dixie Highway.

LEGALLY ADVERTISED - April 23, 2000

A motion to close the public hearing was made by Commissioner Trinchitella was seconded by Commissioner Noland. Roll call showed: YEAS: Commissioner Clarke-Reed, Commissioner Noland Commissioner Trinchitella, and Mayor Capellini. NAYS: None.

A motion approve made by Commissioner Clarke-Reed was seconded by Commissioner Trinchitella. Roll call showed: YEAS: Commissioner Clarke-Reed, Commissioner Noland, Commissioner Trinchitella, and Mayor Capellini. NAYS: None.

GENERAL ITEMS

CONTRACT AWARD TO CSR HEAVY CONSTRUCTION

A contract was awarded to CSR Heavy Construction for City Project #10968-P in the amount of $353,224.75 for roller hockey rink and parking lots. City Attorney Maurodis read the following resolution by title only:

Resolution 2000/074

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO A CONTRACT WITH CSR HEAVY CONSTRUCTION, INC., FOR PROJECT NO. 10968-P, FOR PIONEER PARK ROLLER HOCKEY RINK AND PARKING LOTS FOR THE CONTRACT PRICE OF $353,334.75. AND SPECIFYING THE FUNDS THEREFORE

A motion approve made by Commissioner Noland was seconded by Commissioner Clarke-Reed. Roll call showed: YEAS: Commissioner Clarke-Reed, Commissioner Noland, Commissioner Trinchitella, and Mayor Capellini. NAYS: None.

BROWARD COUNTY BEACH NOURISHMENT PROGRAM

Mayor Capellini described a plan to remove sand from off of Deerfield Beach's coast to replenish beaches in southern Broward County.

Commissioner Noland stated that she had a problem with this because eventually the offshore dredging would cause beach erosion here at a later date.

Commissioner Clarke-Reed said that the decision was not made at a local level, but by the Governor's office.

City Manager Deetjen confirmed that this was true.

City Attorney Maurodis read the following resolution by title only:

Resolution 2000/080

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH DIRECTING THE CITY ADMINISTRATION TO CONTACT REPRESENTATIVES FROM THE GOVERNOR'S OFFICE AND MEMBERS OF THE BROWARD DELEGATION PRIOR TO BROWARD COUNTY'S PLANS TO USE SAND LOCATED DIRECTLY OFFSHORE OF THE BEACHES OF DEERFIELD BEACH AND HILLSBORO BEACH TO NOURISH COMMUNITIES IN THE SOUTHERN PORTION OF THE COUNTY

A motion approve made by Commissioner Noland was seconded by Commissioner Clarke-Reed. Roll call showed: YEAS: Commissioner Clarke-Reed, Commissioner Noland, Commissioner Trinchitella, and Mayor Capellini. NAYS: None.

CONSENT AGENDA

REAPPOINT MEMBERS TO SHIP COMMITTEE

City Attorney Maurodis read the following resolution by title only:

Resolution 2000/076

A RESOLUTION REAPPOINTING MEMBERS TO THE DEERFIELD BEACH SHIP ADVISORY COMMITTEE

A motion approve made by Commissioner Clarke-Reed was seconded by Commissioner Noland. Roll call showed: YEAS: Commissioner Clarke-Reed, Commissioner Noland, Commissioner Trinchitella, and Mayor Capellini. NAYS: None.

 

REAPPOINT MEMBER TO BEAUTIFICATION AUTHORITY

City Attorney Maurodis read the following resolution by title only:

Resolution 2000/077

A RESOLUTION REAPPOINTING A MEMBER TO THE DEERFIELD BEACH BEAUTIFICATION AUTHORITY

A motion approve made by Commissioner Clarke-Reed was seconded by Commissioner Noland. Roll call showed: YEAS: Commissioner Clarke-Reed, Commissioner Noland, Commissioner Trinchitella, and Mayor Capellini. NAYS: None.

CONTRACT WITH WE JOHNSON, INC.

City Attorney Maurodis read the following resolution by title only:

Resolution 2000/078

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO A CONTRACT WITH WE JOHNSON, INC. FOR THE PURCHASE OF ONE BANDIT 250XP WOOD CHIPPER FOR USE BY THE GROUNDS MAINTENANCE DIVISION, PURSUANT TO THE TERMS AND CONDITIONS OF THE CITY OF HOLLYWOOD BID #F-3576-BD, FOR THE PURCHASE PRICE OF $23,100.00, AND SPECIFYING THE FUNDS THEREFORE

A motion approve made by Commissioner Clarke-Reed was seconded by Commissioner Noland. Roll call showed: YEAS: Commissioner Clarke-Reed, Commissioner Noland, Commissioner Trinchitella, and Mayor Capellini. NAYS: None.

CONTRACT AWARD TO OK GENERATORS

City Attorney Maurodis read the following resolution by title only:

Resolution 2000/079

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH AWARDING A CONTRACT FOR SERVICES, RELATED TO THE GENERATOR LOCATED AT FIRE STATION NO. 1, TO OK GENERATORS AT A COST OF $10,448.00

A motion approve made by Commissioner Clarke-Reed was seconded by Commissioner Noland. Roll call showed: YEAS: Commissioner Clarke-Reed, Commissioner Noland, Commissioner Trinchitella, and Mayor Capellini. NAYS: None.

 

 

ACQUIRE SURPLUS PROPERTIES FROM FDOT

City Attorney Maurodis read the following resolution by title only:

Resolution 2000/082

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH AUTHORIZING THE CITY TO ACQUIRE SURPLUS PARCELS FROM FDOT WHICH ARE LOCATED AT VARIOUS LOCATIONS ALONG DIXIE HIGHWAY

A motion approve made by Commissioner Clarke-Reed was seconded by Commissioner Noland. Roll call showed: YEAS: Commissioner Clarke-Reed, Commissioner Noland, Commissioner Trinchitella, and Mayor Capellini. NAYS: None.

ADMINISTRATIVE ACTIONS AND CITY MANAGER COMMENTS

None

COMMENTS BY MAYOR AND COMMISSIONERS

MEDIAONE CUSTOMER SERVICE

Commissioner Noland tried to call MediaOne for assistance and was on hold for a lengthy period of time. She never reached a live person. On the south end of her district where broadband was installed, residents are losing their cable for a week at a time. When residents do reach someone, they are out of Jacksonville, Florida.

Commissioner Trinchitella advised MediaOne has denied all of the City's requests. He suggested that we place the residents of Greater Crystal Lake under the Telemedia franchise. MediaOne has worked for a year and a half without a contract, perhaps a new technology will come along and bump MediaOne out of the market.

BEACH LIGHTS AND SEA TURTLES

Commissioner Noland said the City is in contact with the county to make sure that we are doing everything possible to ensure that a solid sea turtle protection ordinance is passed.

PUBLIC TO BE HEARD

Mr. David London, 1480 SW 11 Way, commented on the city engaging John Lambey, for an environmental sustainability structure in Deerfield Beach. He also asked if anyone from the City Commission was able to attend the Mayors' Conference on Litter. Additionally, he inquired about the community shuttle.

Greg Rogers spoke in favor of the Commission's opposition to the offshore dredging of sands. He reminded the residents and Commission that there used to be a road further east of Ocean Drive, which is no longer there.

ADJOURNMENT

The meeting was adjourned at 8:30 P.M.

 

 

 


ALBERT R. CAPELLINI, P.E., MAYOR

 

Attest:

 

 


FELICIA M. BRAVO, CITY CLERK