REGULAR MEETING OF THE CITY OF DEERFIELD BEACH

CITY COMMISSION

 Tuesday, August 15, 2000  7:00 P.M.

 

The meeting was called to order at 7:04 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

Vice Mayor Kathy Shaddow

Mayor Albert Capellini, P.E.

           

 

Also Present:             City Attorney Andrew Maurodis

                                    City Manager Larry Deetjen

City Clerk Felicia Bravo

 

INVOCATION AND PLEDGE OF ALLEGIANCE

 

The invocation was offered by Rabbi Samuel April, followed by the Pledge of Allegiance to the flag.

 

APPROVAL OF MINUTES

 

Regular Meeting of the Commission - August 1, 2000

Special Meeting of the Commission - August 8, 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, Vice Mayor Shaddow, and Mayor Capellini. NAYS: None.

 

ACKNOWLEDGEMENT OF BOARD MINUTES

           

1.      Board of Adjustment - May 25, 2000

2.      Community Appearance Board - June 28, 2000

3.      Planning and Zoning Board - July 6, 2000

 

The Commission acknowledged the above board minutes.

 

PRESENTATIONS

 

MAYOR UPDATES RESIDENT ON CURRENT EVENTS

 

Mayor Capellini announced that the three year collective bargaining agreement of the general employees union would be ratified this evening.  The traffic lights at Independence Bay and the Waterways would be installed as soon as possible.  A resolution on the beach renourishment issue would be passed this evening.  The debate centers around the removal of sand from offshore of northern Broward County to southern Broward County.  The Deerfield Beach Citizens' Survey 2000 results were returned.  All of the individual departments approval results were over 80%. Citizens approve of the way in which Deerfield Beach city officials spend their tax dollars.  The city is moving forward with a rezoning of Broward County School Board property. The Juvenile Intervention Facility should be fully funded to stay at capacity.  The budget is to be presented tonight without an increase in the millage rate.

 

COMMUNITY IMPROVEMENT VIDEO

 

There was a short video about the Northeast Focal Point Intergenerational Child Care Program, the Northeast Focal Point Thrift Shop expansion, the Moonlight Melodies concert, and the new marina on Federal Highway.

 

PROCLAMATION:  JEAN “SUE” COOK DAY

 

The Mayor presented Ms. Cook with a proclamation honoring her ten years of employment with the City.  Ms. Cook thanked the City Commission for the honor.

 

FAU RESEARCH AND DEVELOPMENT AUTHORITY UPDATE

 

Mr. Scott Ellington updated the City Commission and residents on the FAU Research and Development Authority (FAU/RDA).  FAU is built-out on the Boca Raton campus.  For this reason, the FAU/RDA would like build a research park in Deerfield Beach.  FAU is the fastest growing university in the United States and was recently rated one of the top100 best-buys for college education. The purpose of the park is to have people and business to do research using university students.  Each business would develop a proposal that would be of interest to a college at the university.  The professors, along with their students would work along the businesses on research.  FAU/RDA has selected a developer.  He said the businesses would be e-business or biological research, as FAU is opening its first medical school in conjunction with the University of Miami. The research park in Boca Raton employees 1,800 researchers and those researchers earn approximately 30% more than the average professional employee in Boca Raton.  He asked if anyone had any questions.

 

Mayor Capellini said the city could expect approximately 2,500 to 2,800 jobs to be created by the research park in Deerfield Beach. 

 

Commissioner Clarke-Reed said this project would not prevent the MOC I center and the fire station from being built.

 

Commissioner Trinchitella said that Broward County Sheriff Ken Jenne committed to placing a regional center for communications at the MOC I.

 

Mr. Ellington urged the citizens to vote favorably regarding the lease of property referendum to be held on September 5, 2000.

 

CENSUS 2000 UPDATE

 

Mr. Ned Mandel, U.S. Census Bureau, updated the City Commission and residents on Census 2000.  Mr. Mandel thanked the city official for all of their assistance and said that he was involved with the census ten years ago and felt that the census was more sophisticated and thorough this time. The census was finished and expressed confidence that all of Deerfield Beach’s residents were enumerated.

 

Commissioner Clarke-Reed thanked the US Census and Commissioner Poitier for their assistance and mentioned that she received a certificate recognizing her participation.

 

BEACH FOUNTAIN AND AMPHITHEATER

 

Michael Kourhy, Deerfield Beach Rotary Club president elect, said that the Rotary has a Deerfield Beach 75th Anniversary Committee. The committee received $150,000 from a local business owner toward the construction of a fountain and another $150,000 for the construction of an amphitheater to be located at the main beach parking lot.  The project has the support of the Deerfield Beach Kiwanis Club.  Mr. Kourhy gave the mayor a letter from the Kiwanians and the Rotary supporting the project.  The site would also contain a limited amount of commercial space plus and a parking garage.  By charter, this proposal requires a referendum.  He requested the City Commission consider placing an item on the November 7, 2000 ballot asking voters to approve a project.

 

A motion to approve the request and direct the City Attorney to draft the ballot language made by Commissioner Trinchitella was seconded by Commissioner Noland.  Roll call showed: YEAS: Commissioner Clarke-Reed, Commissioner Noland, Commissioner Trinchitella, Vice Mayor Shaddow, and Mayor Capellini. NAYS: None.

 

UPDATE ON CABLE FRANCHISE

 

Commissioner Trinchitella updated the City Commission regarding new developments involving cable franchises.  MediaOne has not completed the installation of broadband within the city and the contract is still not signed because MediaOne is refusing to submit to some of our requests.

 

At the beginning of 2001, a new cable company, which has received its state and federal licensing, will begin negotiations with the City of Deerfield Beach.  This increase the competition and hopefully will result in the rates being lowered and/or service being improved.

 

WRITTEN REQUEST TO ADDRESS THE COMMISSION

 

None

 

PUBLIC HEARINGS – CHANGE OF USE

 

CHANGE OF USE APPLICATION - NORTHCO

 

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

 

Change of use application - Northco

 

Change of use from Beauty supply store (Isra Beauty Supply, Inc) to Employment agency – labor staffing at 811 W Sample Road.

 

This item was continued from the August 1, 2000 meeting.

 

Commissioner Noland asked the applicant what type of employment agency this was.

 

J.R. Harper, 811 W. Sample Road, stated that his agency skilled carpenters and only skilled labor.

 

Commissioner Noland asked if the temps would be waiting in front of the agency each morning looking for work.

 

Mr. Harper replied that most of the temps were contacted by phone for work.  They would, however, come to the storefront to fill out an application.  Very few would come in the morning to look for work.

 

Vice Mayor Shaddow noticed the application said the business had ten employee and yet the business only had two parking spots.

 

Mr. Harper explained that he only has two permanent employees, but more may be added later.

 

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

 

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

 

CHANGE OF USE APPLICATION - BUY OR RENT, INC.

 

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

 

Change of use application - Buy or Rent, Inc.

 

Change of use from retail store (Elaine’s Dolls) to real estate broker at   3365 W. Hillsboro Blvd.

 

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

 

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

 

CHANGE OF USE APPLICATION - US WIRELESS SYSTEMS, INC.

 

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

 

Change of use application - US Wireless Systems, Inc.

 

Change of use from insurance company (Allstate Insurance) to retail sales of cellular phones and service at  414 S. Powerline Road.

 

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

 

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

 

PUBLIC HEARINGS

 

PROHIBIT FRONT YARD STORAGE

 

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

 

ORDINANCE NO. 2000/024

                                                           

AN ORDINANCE  OF  THE  CITY  COMMISSION  OF  THE CITY OF   DEERFIELD BEACH  PROHIBITING  STORAGE  OF  MATERIALS  OR   OTHER DEPOSITING OF STORED MATERIALS OR STORAGE CONTAINERS IN THE FRONT YARD OF RESIDENTIAL DWELLINGS; CONTAINING A   PROVISION  FOR  IMPLEMENTATION;  CONTAINING  A  PENALTY;  CONTAINING  A  SEVERABILITY CLAUSE; CONTAINING AN EFFECTIVE DATE

 

Mayor Capellini explained that this ordinance was aimed at reducing the length of time the storage pods could remain in one's driveway.

 

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

 

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

 

CITRUS CANKER CONTROL PROCEDURES

 

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

ORDINANCE NO. 2000/026

                                                                

AN  ORDINANCE  OF  THE  CITY  COMMISSION  OF THE CITY OF      DEERFIELD BEACH, FLORIDA ADOPTING A METHOD TO BE ADHERED      TO  BY  LAWN  MAINTENANCE  OPERATIONS WITHIN THE CITY OF      DEERFIELD BEACH;  PROVIDING FOR CODIFICATION IN THE CITY OF DEERFIELD  BEACH  CITY CODE; PROVIDING FOR CONFLICTS;       PROVIDING FOR  SEVERABILITY;  PROVIDING FOR AN EFFECTIVE      DATE                                                      

 

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

 

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

 

QUASI-JUDICIAL HEARINGS

 

City Attorney Andrew Maurodis swore in all those who would provide testimony in the following items.

 

APPLICATION 99-B3-80, JASON BIBI BY LAWRENCE KRAMER

 

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

 

Application 99-B3-80, Jason Bibi by Lawrence Kramer

 

To construct a general business facility consisting of two buildings totaling 14,046 square feet at 2573 West Hillsboro Boulevard.

 

Legally advertised Sun-Sentinel - August 6, 2000

 

Director of Planning and Growth Management Gerald Ferguson reminded the City Commission that this item has been before them on several occasions, most recently at a meeting in May.  Since that time the applicant has changed the use from automotive related services to permitted B-3 uses.  This application was remanded back to the Planning and Zoning Board, which heard the application in June.  They recommended approval of this site plan with a recommendation of the erecting the north buffer wall to be built at eight feet with additional landscaping and trees.

 

Mr. Dick Coker, attorney for the applicant, said this is the third time the application has come before the City Commission.  Initially, the application was for an auto service center, which was the previous use, but required a variance.  That was denied.  The site plan was redrawn to remove that as a use.  At the last meeting, the City Commission decided it needed more input from the Planning and Zoning Board and remanded the site plan back, which was approved by a 6-1 vote.  Mr. Coker reiterated the Planning and Zoning Board's recommendations regarding the height of the buffer wall and the landscaping.  Mr. Bibi agreed to those changes at the Planning and Zoning Board. 

 

Mr. Larry Kramer, architect, said the location was quasi-industrial.

 

Mr. Coker presented photographs of the property as Exhibit A.

 

Mr. Kramer proposed two separate structures on a 1.2 acre property with a wall and landscape buffer.  The site would be only permitted uses in a B-3 district. 

 

Mr. Coker presented a rendering of the site as Exhibit B.

 

Mr. Kramer continued that the design characteristics are the same in the front and the back of the buildings.  The buildings are sandwiched between a tire store and an auto use on either side of the property.  This site would be a commercial property.

 

Mayor Capellini asked what the use would be on the back building.

 

Mr. Kramer responded that it would be the same use as the front building, a non-automotive use.

 

Mr. Coker presented a colored rendering of the site as Exhibit C.

 

Mr. Kramer stated that the applicant has complied with all aspects of the code and all additional requests of the city.  The Community Appearance Board gave unanimous approval and 6-1 approval of the Planning and Zoning Board. 

 

Mr. Coker advised with respect to the staff reports, that they be incorporated as part of the record. 

 

Mayor Capellini opened the hearing to the public.

 

George Andrews, 425 NW 1 Terrace, asked if Exhibit A could be shared with the public.

 

Commissioner Noland asked if the site was between Vrchota Trucking and Tire Kingdom.

 

Everyone responded yes.

 

Brian Ginsberg, 111 Deer Creek Blvd., asked if the property was sold, would the conditions still apply.

 

City Attorney Maurodis replied that the conditions would still apply, but if the new owner wanted changes, he/she would have to submit a new site plan. 

 

Mr. Ginsberg asked about the traffic impact in the area.

 

Mary Elizabeth Purbanick, 159 Deer Creek Blvd., state she opposed the site plan.  She said the building looked upscale, but asked what was facing Hidden Woods.  She believed that 9 X 12 doors were facing Hidden Woods.  She walked from the first building to the wall, which was approximately 100 feet.  She did not think that the distance was enough to maintain the Hidden Woods' quality of life.  She asked what B-3 zoning permitted uses were, if the inside of the building's ceilings were 27 feet high and if the building would be air-conditioned.  She stated she was concerned that the residents would hear the noise from the businesses if the bay doors were up because the building was not air-conditioned.

 

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

 

Dick Coker said the rear buffer wall would be 8 feet high and the rear wall of the building would be 50 feet from the buffer wall with landscaping.  The property was below any level that required a traffic study and there were no concurrency issues and no platting issues.  This was an issue that had not been previously raised by the city and they have complied with all of the city requirements to date.  The building was zoned for office/warehouse and retail storefront with storage, neither which required a traffic study.

 

Vice Mayor Shaddow asked if there was a turning lane on the property.

 

City Manager Larry Deetjen stated that there was only a curb cut and no de-acceleration lane.

 

Mr. Kramer announced that the amount of traffic did not require a de-acceleration lane.

 

Vice Mayor Shaddow stated that would be a problem, because there are already too many accidents from cars slowing to enter properties off of Hillsboro in that area.

 

City Manager Deetjen said the city required J&J Farms to install a de-acceleration lane on their property for this same issue.

 

Mr. Coker said that all of the requirements for this property were reviewed, extensive technical analysis was performed and the site plan was presented to each board.  The site plan complies with all standards in the City Code, including those standards that apply to traffic engineering.  Out of the three or four times this application has been before the City Commission, this is the first time this issue was raised.   He added that the City Engineer did not raise this issue in his review.

 

Vice Mayor Shaddow clarified that the City Commission never made it to the point of asking about the traffic because what was on the site plan was at issue.  Before the traffic concerns could be raised, the plan was remanded back to Planning and Zoning, first because they did not like the conditional use and secondly because of the site plan itself.  Now that a different site plan is before the Commission, they are reviewing it.

 

Mr. Coker noted that the site plan was exactly the same, only one use was different.

 

Vice Mayor Shaddow said that it was not the same site plan, because Sammie's is not in this plan.  She asked if Mr. Bibi would be willing to install a de-acceleration lane?

 

Mr. Coker said he not covered this issue with Mr. Bibi, but there is a matter of the right-of-way.  He has no idea if there is sufficient right-of-way for a de-acceleration lane.

 

Mayor Capellini said it would be blocking someone else's driveway.

 

Vice Mayor Shaddow said that issues could be raised about anything, but she was trying to find a solution to a problem of traffic.

 

Mr. Coker stated that he did not know if the turn lane was feasible, but he did know that it was not a Code requirement. 

 

Vice Mayor Shaddow answered that she understood and that is why she asked if Mr. Bibi would be willing to consider the matter.

 

Mr. Coker said that Hillsboro Boulevard was a state road and any work would require a state permit. 

 

Mayor Capellini said that other businesses had made concessions and that Vice Mayor Shaddow's concerns were valid.  The City is concerned with traffic safety not only at this location, but in other hazardous locations around the city as well.

 

Vice Mayor Shaddow asked about future owners placing an automotive use on the site if the building was sold.

 

City Attorney Andrew Maurodis responded that it is a conditional use  on this site and would have to go before the City Commission as a new site plan.

 

Mr. Coker added that it would actually be prohibited altogether because of the setback requirement imposed on this site plan.

 

City Attorney Andrew Maurodis clarified that certain structures on this site would preclude an automotive use.

 

Vice Mayor Shaddow asked again about future tenants using this location for automotive uses.

 

City Attorney Maurodis re-emphasized that this site plan would make it impossible even as a conditional use.

 

Commissioner Noland inquired as to whether or not the building was air conditioned. 

 

Mr. Coker said it depended upon what would be needed by the tenant.  The rear wall could be altered to accommodate the tenant's use.

 

Commissioner Noland said that the concerns of Hidden Woods are valid, because if the tenant did not need air-conditioning, the bays could be open and emit noise.

 

Mr. Coker said nothing could be done in violation of City Code.

 

Commissioner Noland continued that if the building was not air-conditioned, saws could be running all day.

 

Commissioner Trinchitella said he needed to study the matter more.

 

Mayor Capellini asked what Mr. Coker expected the noise level to be and if the bay doors would be open.  He also asked if environmental studies had been conducted, as the property was previously used for automotive purposes.  He requested that they look into the issue of the de-acceleration lane and that a certified letter from a traffic engineer be presented stating that there would be no impact and it is below the standard.

 

Vice Mayor Shaddow mentioned that there may be a cut in the center median permitting traffic to cross the roadway, but it may be in front of Vrchota. 

 

Mr. Coker asked if those were all of the items the City Commission wanted addressed. 

 

Vice Mayor Shaddow stated that these were areas of concern by both the City Commission and the public.

 

Mr. Coker rebutted that all of these issues were either directly addressed or were not issues raised under the City Code.  City staff reviewed the site plan for technical compliance and none of these issues were raised by them.  He said that every aspect of the site plan complied with City Code and the applicant is entitled to an approval.  The issues are outside the City Commission's ability to raise at this level and if the City Commission continued this matter to another meeting, he would consider it to be a de facto denial and would act accordingly.

 

City Attorney Andrew Maurodis clarified that this was not a denial, but a continuation to a date certain.

 

A motion to continue to September 19, 2000 was made by Commissioner Trinchitella and seconded by Commissioner Noland. Roll call showed: YEAS: Commissioner Clarke-Reed, Commissioner Noland Commissioner Trinchitella, Vice Mayor Shaddow, and Mayor Capellini. NAYS: None.

 

APPLICATION 00-P-150 AND CASE NO. 1709, F & G NATIONAL CONSTRUCTION CO. BY HUGH R. DAVIS AND SYLVIA POITIER

 

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

 

Application 00-P-150 and Case No. 1709, F & G National Construction Co. by Hugh R. Davis and Sylvia Poitier

 

Continued from August 1, 2000 meeting. To plat a 4.041-acre parcel to be known as JOSEPH & BLANCHE ELY PLAT; AND seeking 3 VARIANCES from the Deerfield Beach Land Development Code as follows:  1) From the provisions of Section 98-61 of in order to allow 19 single-family lots in an RS-5 zoning district which will be less than 70 feet in width as required by Code.  The proposed lot widths range from 54 feet to 66.68 feet.  2)  From the provisions of Section 98-61 to allow Lots 7, 8, 9, 17, 18 and 19, which will be less than 7,000 square feet,  in an RS-5 zoning district.  The lot areas of Lots 7, 8, 9, 17, 18 and 19 are proposed to range from 6,000 square feet to 6,676 square feet.  AND 3)  From the provisions of Section 98-19(5) to allow  proposed local street rights-of-way which will be less than 60 feet in width.  The proposed local street right-of-way will be 50 feet in width.  Property is located at 578 North Deerfield Avenue.

 

Legally advertised Sun-Sentinel - July 23, 2000

 

Sylvia Poitier stated that previously she would speak to the Commissioners separately prior to the hearing, but did not. She spoke with the mayor and city manager, though.  She discovered that the concern was that the houses would degrade the area.  She assured the City Commission that it would be an upscale neighborhood.  She said this would not be a subsidized housing project.  She pledged that it would be one of the better neighborhoods.

 

Mayor Capellini opened the hearing to the public.

 

Luciana Brust, SW 8th Street, Boca Raton, stated she owned property at 71, 81 and 93 NE 7 Court.  She opposes the project.  She stated that the neighborhood had the potential to quite nice, but not if low-income housing was permitted.  She would like to see middle class or upper-middle class single family homes to be built in the area.  Low-income housing would keep the neighborhood down. 

 

Mayor Capellini asked what the definition of cost of a low-income housing unit was.  He asked if the cost was $143,000.

 

Mr. Gerald Ferguson replied there were various levels: very-low, low and moderate.  Xavier Homes, which is affordable housing, started at $85,000 initially, but became $105,000.

 

Mayor Capellini commented that many people believe low-income housing is for people who make $20,000.  But he said it was much higher than that.

 

Ms. Brust asked about the lot size.

 

Mr. Ferguson answered that it ranged from 6,200 sq. ft. to 7,500 sq. ft.

 

Commissioner Trinchitella asked how long the property has been empty.

 

Mr. Ferguson replied it was always empty. 

 

Commissioner Trinchitella asked Ms. Brust why it has not been developed until now.

 

Ms. Brust responded that many areas of Deerfield Beach were like this and it had potential.  She said that low-income housing was not suitable here.

 

Ms. Gloria Babalin, 1240 SW 6 Way, stated that anything would be an improvement.  She added that because it would be low-income, it did not mean it would become an eye-sore.  With staff's help, the property could be beautiful.

 

City Attorney Andrew Maurodis advised that whether the housing was low-income or not could not be a consideration of the City Commission.

 

Todd Littlejohn, 790 NW 1 Avenue, state he was the largest property owner in the area and owned property directly across the street from this site.  He said non-subsidized housing would be great for the area.  Many nice, new houses are already back in the area and this will improve it.

 

Janyce Becker, Executive Director of the Deerfield Beach Chamber of Commerce, spoke in favor of the project.  She believed it would bring additional economic growth.

 

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, Vice Mayor Shaddow, and Mayor Capellini. NAYS: None.

 

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

 

Vice Mayor Shaddow said that the notion of low income housing scared people.

 

Ms. Poitier clarified that she never said it would be low income housing.

 

Vice Mayor Shaddow stated that the application said it was low income housing.

 

Commissioner Clarke-Reed corrected that it said affordable housing.

 

Ms. Poitier reiterated that it was to be affordable, not low income housing.

 

Vice Mayor Shaddow commented that there was a misconception that the housing would be subsidized.  She liked the elevation renderings and asked if they would go before the Community Appearance Board.

 

Ms. Poitier said she did not need to take the homes before the CAB, but would keep the elevations as presented.

 

Commissioner Clarke-Reed added that single family homes did not need to go before the CAB for approval. 

 

Vice Mayor Shaddow asked Ms. Poitier to promise that it would not be subsidized housing and that the homes would look as beautiful as the renderings.

 

Ms. Poitier agreed.

 

APPLICATION 99-P-146, JOE NASTASI BY ERIC B. HOLLY

 

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

 

Application 99-P-146, Joe Nastasi by Eric B. Holly

 

To plat a 2.63-acre parcel to be known as THE PENINSULA A portion of the N½ of the SE¼ of Section 31, Township 47 South, Range 43 East, more particularly described in the file.

 

Legally advertised Sun-Sentinel - August 6, 2000

 

Mr. Gerald Ferguson explained that this application was to plat a vacant property, on which would be built four single-family homes.  Private ingress and egress via an access easement would allow access to the property from 9th Avenue.  There are no utility easements abutting the property. The applicant is proposing the water/sewer lines be provided via an existing easement which runs along the south property line of Marina One from Federal Highway to the north/south canal, which separates the property from Marina One.  The water/sewer lines would run under the canal to the property.  The Deerfield Beach Engineering and Utilities Department does not have the expertise to install or maintain subaqueous utility lines and asks that the water/sewer lines be constructed and maintained by the owner.  The Planning and Zoning Board questioned whether the owner would be able to maintain the subaqueous lines and recommended 4-3 that the subaqueous lines not be approved.   In his memo and the DRC report, the proposal is consistent with the city's land use plan and the zoning for the property. 

 

Mr. Eric Holly, representative for Joe Nastasi, asked if the commission had questions. 

 

Jeff West, 514 NE 8 Avenue, stated he had concerns about the subaqueous utilities.  He said it had been suggested that deed restrictions be placed on the subaqueous lines and that this would hamper clean-up efforts in the event of a sewer leak.  He added that it is a low-lying ecosystem and home to plants and animals.  The Australian pines provide a noise and visual buffer.  The city has a history of non-compliance with regard to this and other properties.  Mr. West did not elaborate on this point.  Construction would disturb the neighborhood.  Litigation is pending regarding access issues.  Any docks built would impede the navigability of the canal.  The property would best serve the community as a passive park in its natural state.

 

Susan Delegal, representing local area resident Dan Thomas, who purchased his property from Mr. Nastasi in 1993.  A forty foot easement was granted for ingress/egress by Mr. Thomas to Mr. Nastasi.  Currently litigation is pending between Mr. Nastasi and Mr. Thomas.  She quoted the city code with reference to the establishment of utility easements.  Staff indicated that the owner did not have the expertise to construct or maintain a subaqueous system.  Her client believes that there is a question as to whether or not the applicant can use the 25-foot right-of-way for utility purposes.  Mr. Nastasi must first purchase the right to run utilities at a reasonable price.  If the two parties cannot come to terms, the court will determine the terms for them.  Mr. Thomas has not been approached by Mr. Nastasi to negotiate terms.

 

Mayor Capellini heard that easement was offered to Mr. Nastasi at $300,000.00.  He added that the city's utility easement ended at that property line and the city had the right to condemn the property for an easement because the city has the obligation to provide water and sewer to the property owner.

 

Ms. Delegal continued that the access road was designed without consideration to Mr. Thomas' quiet enjoyment of his property.  The court enjoined the applicant from selling or conveying any of the properties which would use the access easement without first offering it to Mr. Thomas at a reasonable price.  The roadway would not be able to be constructed if he sold any of the lots unless he offered to sell a buffer strip to Mr. Thomas.   The court has reserved the right to determine the selling price if the two parties cannot reach agreement.  The subaqueous system does not comply with the city's requirement for safe and adequate wastewater services.  She asked for denial of the plat or for the City Commission to place conditions upon the plat approval.  The conditions were as follows:

 

1.      Satisfactory evidence of title to submerged lands, subject to the utility easement

2.      The applicant obtain the utility easement from Mr. Thomas in compliance with the temporary injunction

3.      Proof of the legal right of the applicant to connect to the private system of Marina One with a statement that the additional flow will not overburden the system

4.      Proof of the legal right of the applicant to use the 25-foot right-of-way for a utility easement, as opposed to just right-of-way

5.      A maintenance plan, including a bond, for the privately maintained system and submission of recordable covenants establishing the obligations of the owners regarding the maintenance of the subaqueous lines

6.      Reconfiguration of the access road so that it does not impinge upon the rights of Mr. Thomas and takes into consideration the buffer strip

 

Ms. Delegal advised that the court said that the width of the road as it enters the property should be at the same width as NE 9 Avenue, which is between 16-17 feet and as far to the west as possible.

 

Kevin Rice, 526 NE 8 Avenue, said that he owns Parcel A, which runs the entire west side of the peninsula.  He asked why every property needed to be developed.  He added that it is the City Commission's duty to serve and protect the residents. 

 

Jim Bass, 550 NE 8 Avenue, the impact of the construction on the area would be noisy.  Deed restrictions as a method of ensuring the maintenance of the subaqueous lines would not work.  The city has no way of enforcing the restrictions short of litigation.

 

Wilbur Smith, 227 NE 8 Terrace, is a directional bore specialist.  The subaqueous system would not be a public utility and a resident would have difficulty maintaining it.

 

Hugh Woody, 474 NE 9 Avenue, was concerned about the navigability of the canal.  The canal's seawall has collapsed and there is extensive erosion.  Marina One was dredging and the damn broke.  It leaked back into the canal.  When Marina One was built, they took up about a third of the canal.  The boats were parked in the canal on Saturday.  Marina One agreed not to park boats along the canal.  His biggest concern is that boats will be tied up on both sides of the canal and he will not be able to pass his boat through the canal.

 

Jim Bass, 550 NE 8 Avenue, Marina One was built by a relative of Mr. Nastasi.  The original plans did not have tiers above and below, but were later added and never approved by the city. 

 

Mayor Capellini announced that the now-defunct Dragon Club was not approved by any of the people who sit on the City Commission presently.  No one on the present City  Commission was involved with Marina One.  References to incite anger by raising the Dragon Club specter are inappropriate.  The City Commission is in place to protect and serve not only the rights of the residents, but also the property owner's right to develop his property.  The City Commission would consider the conditions outlined by Ms. Delegal.  The state is seeking to eradicate the Australian pines because they are an exotic species.  The commission has concerns about the aquatic life in the area.  The City Commission must consider all aspects and weigh them accordingly.

 

Mr. Bass complained about the noise from the Dragon Club and claimed that the construction on this site would be bothersome.

 

Mayor Capellini said there is always noise from construction.

 

Mr. Bass further complained that he city never enforced his deed restrictions and doubted the city would enforce any deed restrictions made with the property in question.

 

City Manager Larry Deetjen rebutted that the City Commission worked diligently to solve a problem created by the former mayor.  The city approached the Department of Environmental Protection and the Army Corps of Engineers to overturn a written recommendation by the former mayor. The city tried to negotiate a compromise with the property owner with the dock and the neighbors, but was unsuccessful.

 

Barbara VanLynch, NE 5 Street, stated she was concerned with traffic and the destruction of the mangroves.

 

Bill Taliot, 486 NE 9 Avenue, mentioned that the original agreement with the Boat Hotel was not enforced.  The noise emanating from Marina One begins at 7:00 AM.  Boats are parked along the canal.  He is concerned with the navigability of the canal. 

 

Raymond VanPelt, 482 NE 8 Avenue, raised concerns about traffic.  On the corner of NE 8th Avenue and NE 5th Street poses a hazard to children.  The construction will compound the problem. 

 

Mr. Deetjen responded that there is a 90 degree turn where a sidewalk was installed at the request of the Twin Oaks neighborhood. Additionally, Mr. VanPelt parks his police vehicle in an area which needs curbing and a swale.  He asked if Mr. VanPelt would be willing to agree to the curbing and swale. 

 

Mr. VanPelt agreed.

 

Veldina Kesey, 508 NE 8 Avenue, said that the people who were involved with the Dragon Club are the same people involved with this plat.  She believes they cannot be trusted.

 

Mr. Jim Kesey, 508 NE 8 Avenue, asked if elected officials cannot be held responsible for their predecessors actions, why should the community believe that the situation will be alright after this commission is gone.  If the city cannot uphold its commitments, then the city should not enter into agreements.

 

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, Vice Mayor Shaddow, and Mayor Capellini. NAYS: None.

 

Mayor Capellini asked if there was rebuttal from the applicant.

 

Mr. Holly said the applicant would agree to narrowing the access road.  All of the regulatory agencies that oversee wetlands and mangroves have been contacted and it is an ongoing process.  A 1/4 acre was set aside around the mangroves which will not be filled or otherwise touched.  A plan from a subaqueous crossing engineer and directional boring contractor were submitted and believe it is safe.

 

Commissioner Noland asked if Mr. Nastasi and Mr. Thomas negotiated for the utility easement.

 

Mr. Holly stated it was his client's preference to go through Mr. Thomas' property and did not know if they had negotiated.

 

City Attorney Andrew Maurodis advised that it was discussed, but they cannot come to an agreement.

 

Vice Mayor Shaddow recommended that the utilities go through Mr. Thomas' property, especially since the court would intercede if necessary.

 

City Attorney Andrew Maurodis suggested the following conditions to the plat:

 

1.       Satisfactory evidence of title to the submerged lands at the time of recordation of the plat

2.       Obtain utility easement from Mr. Dan Thomas as required by Section 4 of the temporary injunction (request for subaqueous system denied)

3.       Clarification on vacating the right-of-way on the plat

4.       Department of Planning and Environmental Protection of Broward County review the environmental issues

5.       Any docks would have to have special permits and be reviewed by the City Commission to ensure navigability of the waterway

 

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

 

APPLICATION 86-B1-64 REVISION 3 AND CASE NO. 1726, J & J FARMS BY ALLEN DAVIS

 

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

 

Application 86-B1-64 Revision 3 and Case No. 1726, J & J Farms by Allen Davis

 

To modify site plan to add 3,320 square feet to an existing 3,814 square-foot building for a total of 7,134 square feet; AND seeking CONDITIONAL USE approval in accordance with the provisions of Section 98-53(c)(a) of the Deerfield Beach Land Development Code in order to allow the expansion of a residential dwelling unit in the B-1 zoning district at 2777 West Hillsboro Boulevard.

 

Legally advertised Sun-Sentinel - August 6, 2000

 

Allen Davis announced that all of the code enforcement issues were resolved. 

 

Mr. Ferguson said that the Planning and Zoning Board and the Community Appearance Board approved this application.

 

Mr. Davis stated the outside storage would be enclosed.

 

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

 

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

 

APPLICATION 95-B3-66 REVISION 1 AND CASE NO. 1717, PATRICIA & JOHN PENNELL

 

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

 

Application 95-B3-66 Revision 1 and Case No. 1717, Patricia & John Pennell

 

Modification of existing site plan to revise façade of building, to increase dry boat storage capacity from 140 to 186, and to add six finger piers for a total of nine; AND seeking a VARIANCE from the provisions of Section 98-87(a)(1) and 98-87(a)(4) in order to allow the addition of six finger piers which will extend 15 feet into the waterway rather than 8 feet; AND seeking CONDITIONAL USE approval in accordance with the provisions of Section 98-55(c)(3) of the Deerfield Beach Land Development Code and the restrictive note on the face of the PENNELL FAMILY PLAT in order to increase dry boat storage capacity from 140 to 186 at 418 N. E. River Drive.

 

Legally advertised Sun-Sentinel - August 6, 2000

 

Mayor Capellini asked if the code enforcement issues were resolved.

 

Mr. Robert Eisen, for the applicant, stated they decided to upgrade the site before addressing those issues.

 

Mayor Capellini said the fines on the property were $400,000.00 and were negotiated down to a few thousand dollars.  He thought that would be an incentive to make the corrections to the site.

Mr. Mike Pennell, 418 N. River Drive, stated that part of the negotiation was that there would be approval of these upgrades along with the reduction in the fine.

 

Mayor Capellini replied that an agreement was drafted and the applicant never signed it.

 

Mr. Pennell claimed that one of the provisions of the agreement regarding fire suppression had an unreasonable time frame in which to comply.

 

Mayor Capellini said he went to extraordinary lengths to bring down the fine and the applicant has ignored those efforts.  He suggested the City Commission should always consider whether or not code enforcement issues are resolved prior to approving applicants' requests.

 

Mr. Eisen apologized on behalf of his client and asked if the matter could be continued to the next meeting to allow the applicant time to address the Mayor's concerns.

 

A motion to continue to September 5, 2000 was made by Commissioner Clarke-Reed and seconded by Commissioner Noland. Roll call showed: YEAS: Commissioner Clarke-Reed, Commissioner Noland, Commissioner Trinchitella, Vice Mayor Shaddow, and Mayor Capellini. NAYS: None.

 

APPLICATION 99-B2-86 REVISION 2 AND CASE NO. 1720, DAYTON HUDSON CORP. BY AARON J. BOWLES

 

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

 

Application 99-B2-86 Revision 2 and Case No. 1720, Dayton Hudson Corp. by Aaron J. Bowles

 

To demolish an existing building and construct a 153,758 square-foot 2-story department store; AND seeking a VARIANCE from the provisions of Section 98-61 of the Deerfield Beach Land Development Code in order to allow a front building setback of 41.86 feet in a B-2 zoning district rather than 50 feet as required by Code; AND seeking a VARIANCE from the provisions of Schedule C of the Deerfield Beach Land Development Code in order to allow 9-foot wide parking spaces rather than 10-foot wide parking spaces as required by Code at 1200 South Federal Highway.

 

Legally advertised Sun-Sentinel - August 6, 2000

 

Mr. Ferguson advised this was the Target store on Federal Highway.  The store would be demolished and rebuilt on another part of the parcel and a two level parking garage would be constructed where the existing building stands. The access ports would remain the same. The Planning and Zoning Board did not recommend approving the front setback variance, but did approve the reduction is parking space size.

 

Commissioner Clarke-Reed asked about the hardship for the setback.

 

Vice Mayor Shaddow asked if the parking configuration would increase traffic on 13th.

 

Mayor Capellini and Commissioner Noland announced that they separately met with the applicant.

 

Ed Stacker, attorney for the applicant, announced that this would be the first two-story Target in Florida.  By having a two-story building and decked parking the store will be able to expand while staying in Deerfield Beach.  Target prefers to have 5 spaces for every 1000 square feet of store area. Narrowing the spaces created 688 spaces, far in excess of what the code requires (432 spaces), but still 80 spaces less than Target would like.  Constructing the building further away will eliminate the residents from seeing the back of the building, which currently towers over their property.  The parking deck is set back far enough away to prevent residents from seeing it.  Additionally, very heavy landscaping will be placed between the rear buffer wall and the deck.  The circulation pattern for traffic will be enhanced and will eliminate the bottleneck, which exists at the entrance today.

 

Mr. Stacker continued that the City Code required a 50 foot setback and a 10 foot landscape buffer.  While the proposed building encroaches on the required setback by nine feet, because there will be no parking on the west side of the building, the landscape buffer will be 41 feet.  The landscaping will be proportional to the site.

 

Jeff Wilson, 1167 SE 9 Avenue, stated he was concerned about the noise from the parking deck ramp and asked if it could be moved to the north.

 

Rocky Vivy, architect, said that the traffic circulation would be impeded if the ramp were moved.  Also, the store would lose approximately 1/3 of the spaces.  He added that the deck would not be visible from the east residences.  The ramp has vertical walls that shield the cars from visibility and help buffer noise.

 

Mr. Wilson pointed out that there will be about 35 spaces against the wall to the south of the ramp.  He is concerned about noise from the vehicles.

 

Vice Mayor Shaddow asked if they could be removed and an additional landscape buffer added.

 

Mr. Stacker said that Target is already below the parking space numbers that they would like and diminishing it further would create a problem.

 

Mayor Capellini asked if we could just eliminate 20 spaces.

 

Mark Johnson, Regional Real Estate Manager for Target, stated that the plan was the best to meet the needs of the city and Target.  Target needs better efficiency from the property by improving the parking and traffic flow. 

 

Mr. Stacker asked about subgrading for grass parking.

 

Gerald Ferguson pointed out that if the landscape buffer was added and the 20 spaces were moved back from the wall, it would only eliminate 8 spaces.

 

Mr. Stacker agreed to this suggestion.

 

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

 

A motion to approve with the elimination of 8 spaces and additional landscaping was made by Commissioner Noland and seconded by Commissioner Clarke-Reed. Roll call showed: YEAS: Commissioner Clarke-Reed, Commissioner Noland Commissioner Trinchitella, Vice Mayor Shaddow, and Mayor Capellini. NAYS: None.

 

CASE NO. 1724, CHILDREN’S RIGHTS COUNCIL OF FLORIDA BY KIMBERLY KATARI

 

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

 

Case No. 1724, Children’s Rights Council of Florida by Kimberly Katari

 

Seeking a VARIANCE from the provisions of Section 98-71(d) of the Deerfield Beach Land Development Code in order to allow a temporary structure to be used for a clothing donation drop-off; AND seeking a VARIANCE from the provisions of Schedule B of the Deerfield Beach Land Development Code to provide 137 parking spaces for the shopping center (Wolfies Plaza) instead of 138 as currently required at 100 South Military Trail.

 

Legally advertised Sun-Sentinel - August 6, 2000

 

Ms. Kimberly Katari described her organization as a non-profit that served children divorced families and one parent families.  Specifically, the organization supporting mediation that would allow children to see both parents.  They had three clothing collection bins in the city, but removed two.  The applicant sought permission to keep the third,  which is located at Wolfies Plaza. 

 

Mr. Ferguson informed the Commission that the bin would remove only one space from the plaza, but the plaza was already below the city's required amount.  The bin would require a variance.

 

Mayor Capellini asked about the grass space.

 

Commissioner Clarke-Reed said it would create a precedent to permit this structure and other agencies would ask for the same consideration.  It is prohibited under the current code.

 

Vice Mayor Shaddow suggested creating rules to govern the placement and types of bins.

 

Commissioner Clarke-Reed asked when she was cited by Code Enforcement.

 

Ms. Katari replied she was before the Code Enforcement Board at the beginning of the year.  She asked the City Manager for temporary permission to place the bins in the city last November.  The board suggested that she receive permission from the Commission.  She suggested ways to impose limitation such as requiring a distance between the bins and the permission of the landowners.

 

Mayor Capellini commented that dumpsters required enclosures.  The bin would have to at least meet that dumpster enclosure requirements.

 

Vice Mayor Shaddow suggested allowing the bins only during certain times of the year.

 

Commissioner Clarke-Reed asked what happened to the clothing after it was collected.

 

Jay Katari, 3606 S. Ocean Blvd., Highland Beach, said the clothing is sold to third-world countries and suggested that this service reduced the impact on landfills. 

 

Commissioner Noland said it was a business that sold clothes to third-world counties.

 

Mr. Katari responded that they installed a hotline for the Children's Rights Council.

 

Commissioner Noland asked if they had bins in Highland Beach or Boca Raton.

 

Mr. Katari answered no, but there were some in west Boca.

 

Vice Mayor Shaddow asked what happened to the profits from selling the clothing and if they had a financial statement.

 

Mr. Katari replied that some was used for the non-profit and some was used for the business administration.

 

Greg Rogers, 659 Hollow Circle, did not believe the structure was allowed under the South Florida Building Code and if it would withstand the statutory windloads.  He said that Boca Raton and Highland Beach were under the Southern Building Code, which was less strict.

 

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

 

Ms. Katari said there was not a bin in Highland Beach because they have one commercial establishment and there is no space there for the bin.

 

Mayor Capellini said there is no space at Wolfies either.

 

A motion to deny and remove the structure and direct staff to check the windload capacity of drop-off structures was made by Vice Mayor Shaddow and seconded by Commissioner Clarke-Reed. Roll call showed: YEAS: Commissioner Clarke-Reed, Commissioner Noland, Commissioner Trinchitella, Vice Mayor Shaddow, and Mayor Capellini. NAYS: None.

 

GENERAL ITEMS

 

SELECT DATES FOR BUDGET WORKSHOPS

 

The City Commission chose Tuesday, August 22, 2000, at 4:00 PM as the date for the budget workshops.  If additional time was needed, August 23, 2000 was selected as a spill-over date.

 

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

 

CHANGE ADDRESS OF GREATER CRYSTAL LAKE AREA

 

The City Commission set a public hearing for the purpose of receiving input from residents of the newly annexed greater Crystal Lake area regarding changing their city address from Pompano Beach, FL 33064 to Deerfield Beach, FL 33442.

 

A motion to set the public hearing for September 5, 2000 was made by Commissioner Clarke-Reed and seconded by Commissioner Noland. Roll call showed: YEAS: Commissioner Clarke-Reed, Commissioner Noland, Commissioner Trinchitella, Vice Mayor Shaddow, and Mayor Capellini. NAYS: None.

 

MEMORANDUM OF SETTLEMENT WITH GOODYEAR TIRE AND RUBBER COMPANY

 

The agreement pertained to terms of issuance of an occupational license at the store located at 2665 West Hillsboro Boulevard.

 

Commissioner Clarke-Reed asked about the amount of the settlement. 

 

City Attorney Andrew Maurodis informed her that it was $5,000.00.

 

Commissioner Clarke-Reed asked if the had an occupational license.

 

Mr. Maurodis said the business was operating without a license and this agreement would allow them to continue operating, but would give the city the opportunity to withdraw permission on 120-days notice without cause.

 

Vice Mayor Shaddow said the agreement shifted the responsibility onto the city to make sure the business was in compliance and said it was different from what we ask other businesses in the city to do, which is to be proactive.

 

Mr. Maurodis added they were cited because they did not have business license, not because there was a citizen's complaint.

 

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

 

AMEND CITY MANAGER'S EMPLOYMENT CONTRACT

 

RESOLUTION NO. 2000/124

                                                                 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY  OF    DEERFIELD BEACH APPROVING AN AMENDED EMPLOYMENT AGREEMENT BETWEEN THE CITY OF DEERFIELD BEACH AND LARRY R. DEETJEN 

 

This resolution would extend the termination of the agreement from November 3, 2001 to November 3, 2005.

 

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

 

TERMINATION OF DEVELOPER'S AGREEMENT WITH VORTEX, LLC'S

 

City Attorney Andrew Maurodis explained that Fountainview Marina. 

 

Commissioner Noland said it was to repair some docks at Marina One.

 

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

 

HIRE GALLO ARCHITECTS AND DEVELOPMENT CONSULTANTS, INC.

  

The City Commission discussed hiring Gallo Architects and Development Consultants, Inc. as "vision architect" for CDBG First Year Action Plan relating to the façade and landscaping improvements along the Hillsboro Boulevard corridor.

 

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, Vice Mayor Shaddow, and Mayor Capellini. NAYS: None.

 

REVIEW BOARD OF ADJUSTMENT DECISION REGARDING CASE 1722:   JESSIE & LANELDA GASKINS

 

The applicant was seeking a  variance  from  the  provisions  of  Section 98-61 of the Deerfield Beach Land Development Code in order to erect a single-family house which will be set back 5 feet from the side property lines rather than 7.5 feet as allowed by Code.  The property is described as Lot 7, Block 1 of DEERFIELD DEVELOPMENT & LAND COMPANY SUBDIVISION, located at 340 N. W. 1st Avenue.  The application was previously approved by the Board of Adjustment on July 27, 2000.

 

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

 

REVIEW BOARD OF ADJUSTMENT DECISION REGARDING CASE 1723:  ELIZABETH FARMER

 

The applicant was seeking a variance from the provisions of Section 98-73(1)(b) of the Deerfield Beach Land Development Code in order to erect an accessory structure which will be located 0 feet from the side property line rather than 10 feet as required by Code.  The property is described as Lot 14 of TOWN ACRES, located at 270 S. E. 8th Terrace. The application was previously approved by the Board of Adjustment on July 27, 2000.

 

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

 

PRESENTATION OF TENTATIVE FY 00/01 BUDGET BY CITY MANAGER

 

The City Commission acknowledged receipt of the tentative budget.

 

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

 

INTERLOCAL AGREEMENT WITH BROWARD COUNTY MASS TRANSIT

 

RESOLUTION NO. 2000/121

                                                              

A  RESOLUTION OF  THE  CITY  COMMISSION  OF  THE  CITY  OF    DEERFIELD BEACH AUTHORIZING THE CITY TO RENEW AN AGREEMENT     BETWEEN BROWARD COUNTY AND THE CITY OF DEERFIELD BEACH FOR     PUBLIC TRANSPORTATION SERVICES

 

The resolution provides for bus services between the City of Deerfield Beach and the Boca Raton Resort and Club.

 

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

 

CONSENT AGENDA

 

REZONE BROWARD COUNTY SCHOOL BOARD PROPERTY

 

The City Commission directed Gerald Ferguson, Director of Planning and Growth Management, to begin the process of rezoning a vacant property owned by the Broward County School Board and authorize an appraisal based on the new zoning. The 5.18 acre property is located at Natura Boulevard and Natura Avenue. It would be rezoned from B-1 (community business) to CF (community facility).

 

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

 

OPPOSE DREDGING AND REMOVAL OF SAND OFF DEERFIELD BEACH SHORELINE

 

RESOLUTION NO. 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, MEMBERS  OF  THE   BROWARD  DELEGATION, AND THE BROWARD COUNTY COMMISSION URGING BROWARD COUNTY TO EXPLORE ALTERNATIVES RATHER THAN USE  SAND  LOCATED DIRECTLY OFFSHORE OF  THE BEACHES OF  DEERFIELD  BEACH  AND  HILLSBORO  BEACH TO  NOURISH COMMUNITIES IN THE SOUTHERN PORTION OF THE COUNTY

 

The City Commission asked the County Commission to seriously consider alternatives including rail, barge and trucking of compatible sand instead of dredging off the Deerfield Beach shoreline.

 

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

 

APPROVAL OF COLLECTIVE BARGAINING AGREEMENT

 

The agreement is with District 78 IUPAT Union representing the general employees and is from October 1, 2000 to September 30, 2003.  Notable changes in the agreement include 401K vesting timeframes and funeral leave.

 

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

 

CHANGE OPERATIONS POLICY AT THE JUVENILE INTERVENTION FACILITY

 

RESOLUTION NO. 2000/123

                                                            

A  RESOLUTION  OF  THE  CITY  COMMISSION  OF  THE  CITY OF   DEERFIELD  BEACH REQUESTING  THAT  THE  STATE  OF  FLORIDA   DEPARTMENT OF JUVENILE  JUSTICE  TERMINATE  ITS  POLICY OF   RESTRICTING  CERTAIN   YOUTHS  DURING  THE  WEEKNIGHT  AND   WEEKEND HOURS AND  ACCEPT ALL YOUTHS TAKEN INTO CUSTODY BY  LAW ENFORCEMENT OFFICERS

 

This resolution would allow the District X BSO officers to take youths to the facility rather than escorting  them home, thereby allowing officers to attend to more important law enforcement activities.

 

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

 

APPOINT MEMBER TO CULTURAL COMMITTEE

 

RESOLUTION NO. 2000/117

                                                       

A  RESOLUTION APPOINTING A MEMBER TO THE DEERFIELD BEACH   CULTURAL COMMITTEE                                  

 

Per Commissioner Trinchitella's request, Carol Lerner was appointed to the Cultural Committee.

 

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

 

SUPPORT GOLD COAST CLEAN CITIES COALITION

 

RESOLUTION NO. 2000/118

                                                              

A  RESOLUTION OF  THE  CITY  COMMISSION  OF  THE  CITY  OF    DEERFIELD BEACH ENDORSING THE  GOALS  OF  THE  GOLD  COAST    CLEAN CITIES COALITION TO  PROMOTE  THE USE OF ALTERNATIVE    FUELS IN VEHICLES

 

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

 

DECLARE ZONING IN PROGRESS - ADULT ENTERTAINMENT ESTABLISHMENTS

 

RESOLUTION NO. 2000/119

                                                                 

A  RESOLUTION OF  THE  CITY  COMMISSION  OF  THE  CITY  OF       DEERFIELD BEACH  DECLARING  ZONING IN PROGRESS WITH REGARD       TO ALL  ADULT  ENTERTAINMENT  ESTABLISHMENTS  AND  SIMILAR       ESTABLISHMENTS WITHIN THE  CITY,  FOR  THE  PURPOSE OF THE       CITY REVIEWING ITS PRESENT REGULATIONS ON SAID SUBJECT AND      ADOPTING NEW REGULATIONS

 

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

 

RELINQUISH UTILITY EASEMENTS TO FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)

 

RESOLUTION NO. 2000/120

                                                             

A  RESOLUTION  OF  THE  CITY  COMMISSION  OF  THE  CITY OF    DEERFIELD BEACH, AUTHORIZING SUBORDINATION  OF AN EASEMENT    TO THE FLORIDA DEPARTMENT OF TRANSPORTATION

 

Easements would be relinquished via a subordination of city utility interests agreement.

 

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

 

ADMINISTRATIVE ACTIONS AND CITY MANAGER COMMENTS

 

None

 

 

 

COMMENTS BY MAYOR AND COMMISSIONERS

 

Commissioner Noland complimented the Community Services Department and Fire/Rescue for the Firefighters' Challenge.  It was a successful event.

 

PUBLIC TO BE HEARD

 

None

 

ADJOURNMENT

 

The meeting was adjourned at 10:55 PM.

 

 

 

 

                                                                       

                                                             ALBERT R. CAPELLINI, P.E., MAYOR

 

 

Attest:

 

 

 

 

FELICIA M. BRAVO, CITY CLERK