REGULAR MEETING OF THE CITY OF DEERFIELD BEACH

CITY COMMISSION

 Tuesday, September 19, 2000 7:00 P.M.

 

The meeting was called to order at 7:08 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 (left at 8:18 PM)

                        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 Chairman Owen Gustafson, the Baha'i Faith, followed by the Pledge of Allegiance to the flag.

 

APPROVAL OF MINUTES

 

Workshop of the Commission - August 22, 2000

Meeting of the Community Redevelopment Agency - September 5, 2000

Regular Meeting of the Commission - September 5, 2000

 

A motion to approve the minutes made by Commissioner Noland and 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.

 

ACKNOWLEDGEMENT OF BOARD MINUTES

           

1.      Planning and Zoning Board - August 3, 2000

 

The Commission acknowledged the above board minutes.

 

PRESENTATIONS

 

COMMUNITY IMPROVEMENT VIDEO

 

A short video honoring Jeff Rink, demonstrating the roadside weight monitoring by Code Enforcement and the Butler House Harvest Supper festivities was shown.

 

BEACH FRONT CONCERT

 

Mayor Capellini announced that Peter Yarrow of Peter, Paul and Mary would play at the main beach parking lot on October 15, 2000.  Additionally, the US Fife and Drum Corps would perform.

 

NORTHEAST FREE "B" MINIBUS

 

Bob Fossa and Sylvia Smith, Broward County Transit, discussed the Northeast Free "B" minibus.  Ms. Smith explained that the County received a job access reverse commute grant to provide door to door bus service.  Many seniors take advantage of the program as well.  The service area is bounded by the turnpike to the west, Hillsboro to the north and Atlantic Boulevard to the south and the ocean to the east.  All one would need to do is call the Free "B" bus phone number and a bus would be sent to pick up the individual.  The service is available for any transportation need.

 

DISTRICT I MEETING AT PIONEER PARK

 

Commissioner Noland updated the City Commission on a District I meeting to be held at 7:00 PM at Pioneer Park on September 28th which would provide information on water and music park referendum issue.  The Kiwanis and Rotary Clubs would be present to respond to questions.

 

REQUEST TO PURCHASE FDOT PARCELS

 

Blake Harmon, Patterson and Harmon, PA, asked the City Commission to consider allowing his client, Midwest Diversified Development Corporation, to purchase parcels acquired from the Florida Department of Transportation to open a Burger King franchise.  The property in question is the northwest and southwest corners of Dixie Highway and SW 10 Street.

 

Mr. Harmon said another party was interested in the property, namely the House of God Church.  A meeting was arranged between Mr. Harmon's client and the church and both are still interested in the property.  He asked if the city would commence negotiations for the purchase of the property, but not a commitment to sell.

 

Mr. Cabrera, Midwest Diversified Development Corporation, stated that he placed his Burger King restaurants in areas that needed some economic development.  They design the projects tastefully and see their projects as a catalyst for additional influx of quality developments in depressed areas.

 

Pastor Victor Carter mentioned that he had meetings with Larry Deetjen, Commissioner Clarke-Reed and let them know that they would like to build a learning center on the parcel in question.  The learning center's proximity would be ideal and additional parking is needed for the church.

 

Mayor Capellini stated they commission would take the matter under advisement.

 

WRITTEN REQUEST TO ADDRESS THE COMMISSION

 

SHARK FEEDING OFF OF THE DEERFIELD BEACH SHORELINE

 

Robert Dimond discussed shark feeding off of the Deerfield Beach shoreline. Commercial and recreational divers who seek an interactive diving experience with sharks and other dangerous fish feed them to attract them to the divers.  He said this practice poses a danger to nearby surfers and bathers. It is unreasonable to feed sharks so that they learn to associate and expect food from humans.  He collected 4,000 signatures to ban this activity in Florida waters and brought them to the state regulatory agency involved.  The state has asked that Mr. Dimond's group meet with the professional divers' association.  He asked the commission to follow-up with the state to have this banned.

 

Mayor Capellini directed the city attorney to look into this matter.

 

BEACH STICKER PARKING

 

Margaret Hilton, 1101 SE 5 Ct, discussed the beach sticker parking.  She asked that the City Commission pass an ordinance allowing those with beach parking stickers to park at the meters on North Ocean Way without paying.  She asked that the voters defeat the November referendum regarding the beach fountain and amphitheater on the grounds that it would eliminate too many parking spaces, allow for commercial activity and cause congestion.  The safe and easy access should be preserved.

 

Mayor Capellini responded that he met with Ms. Hilton, Nancy Marchione and others regarding this matter.  He offered the change they requested providing that they agreed with the parking garage concept.  Mayor Capellini said that beach access must be available for all and not restricted to Deerfield Beach residents.

 

Mayor Capellini further explained that the beach development would allow for a better public use of the space than a parking lot and the green/open space would be increased.  The parking would be compressed and add an additional 150 spaces.  A fountain and an amphitheater would be part of the project, with only 30% commercial use.

 

Vice Mayor Shaddow said that the revenue from the commercial development could support the upkeep of the public space.

 

Mayor Capellini added that the proposed use is not primarily commercial, but public recreational use on a valuable piece of property which is currently being used as a parking lot. 

 

Commissioner Noland stated that on September 28th everyone would have an opportunity to speak.

 

Vice Mayor Shaddow concurred.

 

Discussion ensued regarding the amount of parking spaces at the beach that were dedicated to beach parking stickers and meters.  Vice Mayor Shaddow asked for an official accounting of the amounts and type of parking.

 

Commissioner Trinchitella said that the issue that will be decided at the referendum and back and forth discussion regarding the metered and sticker parking was futile.

 

Trinchitella left the meeting at 8:18 PM

 

Carmen McGarry, Deerfield Beach Rotary, said her organization spearheaded the effort for this project.

 

Felix Tester, Independence Bay, said that the project would bring the city forward.  Additional parking is needed.

 

Martha McGeary, 1442 SE 6 Street, stated it takes 45 minutes to get from the beach over the bridge.  There is too much congestion. 

 

The mayor said the congestion is caused by people waiting to find parking.

 

Ms. McGeary said the problem is leaving the beach to cross the bridge.

 

Donna White, SE 19th Avenue, said she agreed with Ms. McGeary.  She said that the beach is too full with people.  We should try and naturalize the beaches as they are in the North.  She did not like the idea of a parking garage at the beach.

 

Vivian Jeffers, 401 NE 19th Avenue, asked if they were discussing the North Pavilion parking.

 

Mary Beiberger, 1913 NE 3 Street, she said there are 322 spaces at the beach.  She asked how much parking would be required for the commercialization of 30% of the development.  She enjoys parking so close to the beach.

 

Mayor Capellini said the public has the right to vote on the project, but need to be aware of the facts.  He added that people would not drive to the beach just to visit a particular shop.  It would service those who are already at the beach.

 

PUBLIC HEARINGS

 

ADOPT MILLAGE RATE FOR FY 2001

 

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

ORDINANCE NO. 2000/025

                                                              

AN ORDINANCE  ADOPTING THE MILLAGE RATE TO BE LEVIED BY THE  CITY OF DEERFIELD BEACH, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2000, AND ENDING SEPTEMBER 30, 2001;  AND STATING  THE  PERCENTAGE  CHANGE  IN PROPERTY TAXES AS SUCH  CHANGE  IS  DEFINED  IN FLORIDA STATUTES,  SECTION 200.065

 

Mayor Capellini gave a brief presentation on the budget and its particulars.  He mentioned the Citizens' Survey and the high approval rating the city enjoys.  The majority of the budget is for police and fire/ems services.  Deerfield Beach spends approximately $250 per capita.  Some costs, like those for Senior Services, went down while items like insurance costs went up.  The city's undesignated fund is approximately $2 million.

 

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

 

A motion to approve was made by Vice Mayor Shaddow and seconded by Commissioner Clarke-Reed. Roll call showed: YEAS: Commissioner Clarke-Reed, Vice Mayor Shaddow, and Mayor Capellini. NAYS: Commissioner Noland.

 

ADOPT BUDGET FOR FY 2001

 

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

ORDINANCE NO. 2000/027

                                                              

AN ORDINANCE ADOPTING A BUDGET FOR THE CITY OF DEERFIELD BEACH, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2000, AND ENDING SEPTEMBER 30, 2001                     

 

Doug Watler, 20981 Shady Vista Lane, Boca Raton, asked for the installation of vents at the main firehouse and at the Century Village location.  The diesel soot kicks out when the trucks are started and seeps into the living/working quarters of the firehouse.  It is a known carcinogen.  He also asked for the thermal imaging camera, which assists firefighters in locating victims in a building.  The exhaust vents would cost approximately $45,000.00 and the cameras would cost approximately $15,000.00.

 

Walter Shafer, 1520 SE 14 Drive, stated he was involved with the demonstration of the imaging camera and he thought that they were quite useful.

 

Fire/Rescue Chief Gary Lother announced that the grant for the imaging camera was approved, but it would be approximately one year before the funds become available.  Commissioner Noland suggested we purchase the camera and reimburse the city with the grant.

 

Mayor Capellini asked about the fumes from the fire trucks.

 

Chief Lother stated it was a problem.

 

Vice Mayor Shaddow asked to conduct air study at the firehouse.

 

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

 

Commissioner Noland asked about the calls that are responded to beside the EMS calls.  She has 150 2 1/2 year old fire inspections that are past due.  She expressed concern over the inspections which have not been conducted in Hillsboro Beach per our contract with them.  State law dictates that anyone who has a businesses and multi-family dwellings have to have fire inspections once a year.

 

Chief Lother corrected that it was a county ordinance and Broward County was the only one in the state with that strict of an ordinance.

 

Commissioner Noland stated the city must be in compliance.  She asked why a full-time inspector in the budget.  She said that keeping the tax rate at the same level was going to catch up with the city, because many departments are understaffed just to keep the millage rate the same.  She asked about the level of accountability of part-time employees. 

 

Chief Lother said the city would hire its full-time employees to come in on their day off to do inspections on  a part-time basis.

 

Commissioner Noland asked if that would be over-time pay.

 

Chief Lother responded it was in negotiation with the firefighters' union.

 

Commissioner Noland asked if the positions were cut out of the budget before it was received by the City Commission or if it was never included.

 

Chief Lother stated that in the past few years, funding has focused on operations where it was needed.  Now the emphasis has changed to inspections.  He said this time next year every fire inspection will be up to date.

Commissioner Clarke-Reed said the city would save money by hiring part-time inspectors.

 

Mayor Capellini added that many of the inspections were not intensive and could be done quickly if scheduled properly.

 

Commissioner Noland mentioned that two people used to handle the processing of   occupational licenses. One person handles this function.  If that person is out, there is nobody to help our customers.

 

Vice Mayor Shaddow suggested cross-training employees. 

 

Commissioner Noland asked when old equipment would be replaced.  Many of the items requested by Public Works were cut from the budget.  She believes grounds maintenance needs more help.  Only so much can be accomplished with the resources we have.

 

City Manager Larry Deetjen said if a citizen is not receiving service, he/she should come and see the City Manager. 

 

Commissioner Clarke-Reed said that the budget needs some adjustments and the commission was telling him now. 

 

Mr. Deetjen referred to the Citizens' Survey, which says the residents are pleased with the level of service they receive.

 

Commissioner Noland rebutted that the city uses survey results when it suits the city's needs and ignores results when it does not.  She asked again when equipment would be replaced.

 

Vice Mayor Shaddow commented that the budget was amendable.  If during the year something needed to be adjusted, it could be.

 

Commissioner Clarke-Reed cautioned the commission about employees who are out due to work related stress.  Many employees have health issues because of work related stress.

 

Vice Mayor Shaddow said that employees should be pressed to be more productive.

 

Commissioner Clarke-Reed said that work related stress effects our insurance costs.  Something is being strained in the workforce and the productivity study needs to be completed as soon as possible.

 

Brian Ginsberg, 111 Deer Creek Boulevard, was concerned that the inspections were 18 months behind schedule and believed that this leaves the city liable and places the residents in danger.

 

Don Bradley, Coconut Creek, agreed with Commissioner Clarke-Reed about work related stress and the need for equipment to be replaced.  He said that diesel fuel generators are used at the Water Plant and the air quality should be checked.  Blowers blow chlorine into the air and it is inhaled.

 

Mayor Capellini asked if Mr. Bradley had spoken to City Manager Deetjen about these matters.

 

Mr. Bradley replied he had not.  He continued by stating many employees are under work related stress.  He cited the shortage of three people at the water plant as an example. The existing staff is not allowed overtime pay.

 

City Manager Deetjen stated that in six years the employees have not taken a grievance to the Civil Service Board, which had occurred prior to his tenure.  Any concerns of employees are resolved at the supervisory level, with the department head or with the City Manager's involvement.  The turnover rate is very low in the city.  The workforce has not decreased.  Based on annexation, positions have increased.  Part-time positions have been added.  The fleet  and facilities were upgraded.  Our workforce has been asked to be as productive as possible and they have accomplished that.  He asked that Mr. Bradley go through the chain of command with his concerns.  The contract was approved 183 to 40.

 

Mr. Bradley said that was not open for discussion because of possible legal action.  He said the workforce was being stretched to its limits and there were some budgets that needed to be looked at again.

 

A motion to approve was made by Vice Mayor Shaddow and seconded by Commissioner Clarke-Reed. Roll call showed: YEAS: Commissioner Clarke-Reed, Vice Mayor Shaddow, and Mayor Capellini. NAYS: Commissioner Noland.

 

COMMUNITY REDEVELOPMENT AREA BUDGET

 

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

 

ORDINANCE NO. 2000/029

                                                              

AN ORDINANCE OF THE  CITY  COMMISSION  OF  THE  CITY  OF DEERFIELD BEACH, FLORIDA,  APPROVING  THE BUDGET ADOPTED BY THE COMMUNITY  REDEVELOPMENT  AGENCY  FOR  THE FISCAL  YEAR BEGINNING OCTOBER 1, 2000, AND ENDING SEPTEMBER 30, 2001,  AND  PROVIDING   FOR   FUNDING  THROUGH  THE  TAX INCREMENT FINANCING AS SET  FORTH  IN  PART III, CHAPTER 163, FLORIDA STATUTES

 

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

 

APPLICATION 00-R-128, CITY OF DEERFIELD BEACH

 

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

ORDINANCE NO. 2000/030

                                                           

AN ORDINANCE OF THE CITY COMMISSION OF THE  CITY  OF  DEERFIELD BEACH REZONING 1.54  ACRES  FROM  RM-15 TO CM, SAID PARCEL DESCRIBED AS A  PORTION  OF TRACT A OF B'NAI B'RITH SENIOR CITIZENS PLAT, MORE PARTICULARLY DESCRIBED IN THE FILE, LOCATED AT 399 S.W. 3RD AVENUE;  CONTAINING A  PROVISION  FOR  REVISION  OF  THE  CITY  ZONING  MAP;  CONTAINING  A   SEVERABILITY   CLAUSE;   CONTAINING   AN  EFFECTIVE DATE

 

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

 

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

 

INCREASE COMMERCIAL SOLID WASTE COLLECTION FEES

 

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

ORDINANCE NO. 2000/032

 

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH AMENDING SECTIONS 58-38 OF THE CITY CODE TO PROVIDE FOR A SOLID WASTE RATE INCREASE FOR GENERAL SERVICE ACCOUNTS TO BE EFFECTIVE FOR BILLINGS RENDERED AFTER OCTOBER 1, 2000; CONTAINING A PROVISION FOR INCLUSION IN THE CITY CODE; CONTAINING A SEVERABILITY CLAUSE; CONTAINING AN EFFECTIVE DATE

 

Walt Shafer, 1520 SE 14 Drive, asked how much the rates would increase.

 

Commissioner Noland read the changes in rates to Mr. Shafer.

 

Mr. Shafer asked for a percentage.

 

City Manager Deetjen said that the rates have not been raised since 1995.  The increase is approximately 15%, but still places Deerfield Beach in the lowest quartile of rates.

 

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

 

A motion to approve was made by Commissioner Clarke-Reed and seconded by Commissioner Noland. Roll call showed: YEAS: Commissioner Clarke-Reed, Commissioner Noland, 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.

 

Continued from August 15, 2000 meeting.

 

A motion to table indefinitely at the request of the applicant was made by Commissioner Noland and seconded by Commissioner Clarke-Reed. Roll call showed: YEAS: Commissioner Clarke-Reed, Commissioner Noland, Vice Mayor Shaddow, and Mayor Capellini. NAYS: None.

 

CASE NO. 1735 AND CHANGE OF USE MEDICAL CONTINUING EDUCATION BY LUIS GARCIA

 

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

 

Case No. 1735 and Change Of Use Medical Continuing Education by Luis Garcia

 

Seeking CONDITIONAL USE approval to allow a continuing education business for advanced medical training (CPR, first aid, different levels of life support, along with medical equipment training), specifically to physicians, nurses, paramedics, respiratory therapists, public safety personnel and allied health personnel, in a B-1 zoning district as provided for in Section 98-53(c)(h) of the Deerfield Beach Land Development Code; AND also seeking CHANGE OF USE approval for said operation to occupy space previously occupied by an accounting business at 230 South Powerline Road.

 

Continued from September 5, 2000.

 

A motion to table indefinitely  at the request of the applicant was made by Commissioner Clarke-Reed and seconded by Commissioner Noland. Roll call showed: YEAS: Commissioner Clarke-Reed, Commissioner Noland, Vice Mayor Shaddow, and Mayor Capellini. NAYS: None.

 

APPLICATION 94-B3-58 REVISION 1 AND CASE NO. 1730 BY WALTER SHAFER

 

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

 

Application 94-B3-58 Revision 1 and Case No. 1730 by Walter Shafer

 

To construct a 2,150 square-foot addition to an existing warehouse building for a total of 11,150 square feet; AND seeking 2 VARIANCES from the Deerfield Beach Land Development Code:  (1) from the provisions of Section 98-80(b)(1) in order to allow a 5-foot wide perimeter landscape buffer along South Deerfield Avenue rather than 10 feet as required by Code; AND (2) from the provisions of Section 98-80(f)(1) in order to allow 9 trees rather than 13 trees as required by Code at 36 S. W. 9th Street.

 

Gerald Ferguson stated that the applicant met all code requirements and the plan was approved by both the Planning and Zoning Board and Community Appearance Board.

 

John Schmaltz, owner of a warehouse at 849 S. Deerfield Avenue, complained that the applicant should have to comply with the code without being granted variances. 

 

Walt Shafer rebutted that the code has changed and he is not allowed to place trees under the power lines.  In order for the parking lot to work, he must have a landscaping variance to accommodate the problems with the power lines. 

 

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

 

A motion to approve conditioned upon the applicant supplying additional shrubs or greenery where trees were required was made by Commissioner Noland and seconded by Vice Mayor Shaddow. Roll call showed: YEAS: Commissioner Clarke-Reed, Commissioner Noland, Vice Mayor Shaddow, and Mayor Capellini. NAYS: None.

 

APPLICATION 97-B3-73 REVISION 1 AND CASE NO. 1731 BY WALTER SHAFER

 

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

 

Application 97-B3-73 Revision 1 and Case No. 1731 by Walter Shafer

 

To construct a 2,025 square-foot addition to an existing warehouse building for a total of 12,069 square feet; AND seeking 3 VARIANCES from the Deerfield Beach Land Development Code:  (1) from the provisions of Section 98-61 in order to allow the rear building setback to be 0 feet rather than 10 feet as required by Code; (2) from the provisions of Section 98-80(b)(1) in order to allow a 5-foot wide perimeter landscape buffer along South Deerfield Avenue rather than 10 feet as required by Code; AND (3) from the provisions of Section 98-80(f)(1) in order to allow 8 trees rather than 11 trees as required by Code at 37 S. W. 9th Street.

 

Gerald Ferguson explained this was the building to the north.  The zero set back would be consistent with an existing variance and would even up the wall.

 

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

 

A motion to approve conditioned upon the applicant supplying additional shrubs or greenery to replace trees was made by Commissioner Noland and seconded by Commissioner Clarke-Reed. Roll call showed: YEAS: Commissioner Clarke-Reed, Commissioner Noland, Vice Mayor Shaddow, and Mayor Capellini. NAYS: None.

 

CASE NO. 1736 AND CHANGE OF USE, ATA BLACK BELT ACADEMY BY JOHN PEEK

 

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

 

Case No. 1736 and Change Of Use, Ata Black Belt Academy by John Peek

 

Seeking CONDITIONAL USE approval to allow a martial arts school in a B-1 zoning district as provided for in Section 98-53(c) of the Deerfield Beach Land Development Code; AND seeking CHANGE OF USE approval for said operation to occupy space previously occupied by a restaurant at 3535 West Hillsboro Boulevard.

 

The school would train students from 5 years to 62 years of age.  His school would have a board break to raise money for various charities.  His school teaches self-confidence and gives children the ability to turn away from confrontation.

 

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

 

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

 

APPLICATION 00-B1-151 AND CASE NO. 1737, OLYMPIA FLAME DINER BY ALLEN DAVIS

 

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

 

Application 00-B1-151 And Case No. 1737, Olympia Flame Diner by Allen Davis

 

Modification of an existing restaurant to allow a 216 square foot addition on 0.41 acres AND seeking two VARIANCES from the Deerfield Beach Land Development Code:  (1) from the provisions of Section 98-88 (n) in order to allow three compact car parking spaces for a restaurant in the B-1 zoning district.  The Code allows such spaces only in the industrial zoning districts for industrial users; AND (2) from the provisions of Schedule C in order to allow said spaces to be 14 feet long rather than 16 feet as required by Code at 80 South Federal Highway.

 

Gerald Ferguson said it would allow compact parking spaces.

 

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

 

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

 

 

GENERAL ITEMS

 

VOTING MEMBER FOR METROPOLITAN PLANNING ORGANIZATION

 

Deerfield Beach was reinstated as a member of the MPO based on a population increase.  Mayor Capellini asked if the City Commission would appoint him as the voting member for the MPO.

 

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

 

CASE 1728 BY  MARK WILSON

 

The applicant was seeking a variance from the provisions of Section 98-75(1)(b) of the Deerfield Beach Land Development Code in order to allow a fence which will be located 4 feet 8 inches from the side corner property line rather than 15 feet as allowed by Code.  The property is described as Lot 12, Block 5 of Shorewood, located at 1272 S. E. 2nd Avenue.  This application was approved by the Board of Adjustment on August 24, 2000.

 

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

 

CONSENT AGENDA

 

AMEND THE DEERFIELD BEACH MUNICIPAL POLICE OFFICERS RETIREMENT TRUST FUND

 

ORDINANCE NO. 2000/036

 

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH, FLORIDA, AMENDING THE DEERFIELD BEACH MUNICIPAL POLICE OFFICERS RETIREMENT TRUST FUND TO CONFORM WITH CHAPTER 185, FLORIDA STATUTES; AMENDING SECTION 54-89 OF THE DEERFIELD BEACH CITY CODE TO PROVIDE THAT BENEFICIARIES MAY BE NAMED JOINTLY OR SEQUENTIALLY AND PROVIDING FOR PAYMENT TO THE MEMBER'S ESTATE; AMENDING SECTION 54-90 TO PROVIDE FOR THE DEPOSIT OF CITY CONTRIBUTIONS ON A QUARTERLY BASIS; ADDING A NEW SECTION 54-91 PROVIDING FOR THE DEPOSIT OF STATE MONEY WITHIN FIVE DAYS OF RECEIPT AND PROVIDING FOR THE DEPOSIT OF MEMBER CONTRIBUTIONS IMMEDIATELY AFTER EACH PAY PERIOD; AMENDING SECTION 54-106 TO PROVIDE FOR  BENEFIT ACCRUAL OF NO LESS THAN 2% PER YEAR; AMENDING SECTION 54-108 TO PROVIDE FOR PAYMENT OF NO LESS THAN THE MEMBER'S ACCRUED BENEFIT IN THE CASE OF A SERVICE CONNECTED DISABILITY AND PERMITTING THE SELECTION OF OPTIONAL FORMS OF RETIREMENT FOR DISABILITY RETIREES; AMENDING SECTION 54-109 TO PROVIDE FOR PAYMENT OF AN ACTUARIALLY REDUCED BENEFIT ON OR AFTER THE PARTICIPANT'S EARLY RETIREMENT DATE; AMENDING SECTION 54-109 TO PROVIDE FOR PAYMENT OF THE FULL ACCRUED BENEFIT AT THE MEMBER'S NORMAL RETIREMENT DATE; AMENDING SECTION 54-109 TO PROVIDE FOR REPURCHASE OF WITHDRAWN CONTRIBUTIONS WITHIN NINETY DAYS OF RE-EMPLOYMENT; AMENDING SECTION 54-110 TO PROVIDE FOR AN OPTIONAL 66 2/3 JOINT AND SURVIVOR BENEFIT, PROVIDING FOR AN UNREDUCED TEN YEAR CERTAIN BENEFIT AS THE NORMAL FORM OF RETIREMENT, AND PROVIDING FOR A SINGLE LIFE ANNUITY OPTION; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR A REPEALER; AND PROVIDING FOR AN EFFECTIVE DATE

 

A motion to set the public hearing date for September 28, 2000 was made by Commissioner Noland and seconded by Commissioner Clarke-Reed. Roll call showed: YEAS: Commissioner Clarke-Reed, Commissioner Noland, Vice Mayor Shaddow, and Mayor Capellini. NAYS: None.

 

AGREEMENT WITH CLINICAL PROVIDER ORGANIZATION, INC.

 

RESOLUTION NO. 2000/125

                                                                   

A  RESOLUTION  OF  THE  CITY  COMMISSION  OF  THE  CITY  OF   DEERFIELD BEACH AUTHORIZING  THE CITY TO RENEW THE CONTRACT WITH CLINICAL  PROVIDER ORGANIZATION TO PROVIDE AN EMPLOYEE ASSISTANCE PROGRAM FOR  CITY  EMPLOYEES FOR ONE YEAR ENDING SEPTEMBER  30,  2001,  FOR THE CONTRACT PRICE OF $13,395.00 AND SPECIFYING THE FUNDS THEREFORE

 

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

 

BROWARD BOATING IMPROVEMENT PROGRAM GRANT

 

RESOLUTION NO. 2000/130

                                                               

A RESOLUTION OF THE CITY COMMISSION  OF  THE  CITY  OF DEERFIELD  BEACH  AUTHORIZING  THE  CITY  MANAGER  OR  HIS     DESIGNEE  TO  APPLY  FOR  A  BROWARD  BOATING  IMPROVEMENT  PROGRAM GRANT

 

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

 

OPPOSE FLIGHT PATTERNS CHANGES AT BOCA RATON AIRPORT

 

RESOLUTION NO. 2000/131

 

A RESOLUTION  OF  THE  CITY  COMMISSION  OF  THE  CITY OF DEERFIELD BEACH OPPOSING  ALTERNATIVE  FLIGHT PATTERNS FOR THE BOCA RATON AIRPORT AUTHORITY

 

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

 

ADMINISTRATIVE ACTIONS AND CITY MANAGER COMMENTS

 

None

 

COMMENTS BY MAYOR AND COMMISSIONERS

 

TRAFFIC LIGHT AT GREEN ROAD AND 2ND

 

Mr. Bud Ackerly asked Commissioner Clarke-Reed for a light.  

 

Mr. Deetjen said he most likely wrote to Broward County Traffic Engineering Division to find out if one was warranted, and would look into the matter again.

 

PUBLIC TO BE HEARD

 

PUBLIC RUNNING RED LIGHTS

 

Cornell Dansue, 1329 SE 2 Avenue, complained about people running the red light at SE 10 Street and SE 2 Avenue.  He asked if something could be done.

 

Mr. Dansue was given a number to Traffic Engineering at Broward County.

 

Commissioner Noland agreed that this was a terrible problem and people should be ticketed.

 

Vice Mayor Shaddow suggested that a public relations campaign informing the public that Deerfield Beach would be a city that would ticket people who run red lights.

 

TRAFFIC LIGHT AT SW 10 STREET

 

Steve Gonot, asked about the traffic lights on SW 10 Street.

 

Mayor Capellini said the Turnpike Authority said it was in the county's hands.  Kristin Jacobs was concerned and looking into it.

 

Vice Mayor Shaddow asked that we hold the county to their timeline.

 

ADJOURNMENT

 

The meeting was adjourned at 9:50 PM.

 

 

 

 

                                                                       

                                                             ALBERT R. CAPELLINI, P.E., MAYOR

 

 

Attest:

 

 

 

 

FELICIA M. BRAVO, CITY CLERK