REGULAR MEETING OF THE CITY OF DEERFIELD BEACH

CITY COMMISSION

Tuesday, October 3, 2000, 7:05 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 Amadeo Trinchitella

Vice Mayor Kathy Shaddow

Mayor Albert Capellini, P.E.

Absent: Commissioner Peggy Noland

 

Also Present: Assistant City Attorney Charles Seaman

City Manager Larry Deetjen

City Clerk Felicia Bravo

 

INVOCATION AND PLEDGE OF ALLEGIANCE

 

Mayor Capellini lead a moment of silence before the Pledge of Allegiance to the flag.

 

APPROVAL OF MINUTES

 

1.      Regular Meeting of the Commission - September 19, 2000

2.      Special Meeting of the Community Redevelopment Agency - September 19, 2000

 

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

 

ACKNOWLEDGEMENT OF BOARD MINUTES

None

 

PRESENTATIONS

 

COMMUNITY IMPROVEMENT VIDEO

 

There was a short video of Dunn's Run and the events that followed.

 

PROCLAMATION: JOHN TOWNLEY DAY

 

The mayor honored John Townley for his dedication to senior softball and becoming a Senior Softball Hall of Fame player.

 

PROCLAMATION: DAY OF LITERACY BY KAREN VAN MATRE

 

The mayor invited Karen Van Matre to address the commission regarding the Day of Literacy.

 

Ms. Van Matre thanked the City Commission on behalf of Quiet Waters Elementary School and the Deerfield Beach Innovation Zone. On October 14, 2000 at various locations throughout the city, there will be character readings.

 

Commissioner Clarke-Reed added that everything is being done to keep Deerfield Beach's schools out of the F category of the A+ Plan. Parents should be aware of the reading programs in the schools.

 

TRAFFIC LIGHT FOR WATERWAYS BOULEVARD AND INDEPENDENCE DRIVE

 

Mayor Capellini invited Bill Keith to approach the City Commission regarding this matter.

 

Mr. Keith explained that the poles were permitted and installed in the 1980's. In the late 80's the lights were removed because of lack of traffic.

 

Broward County and FDOT have been apprised of the history of the lights at this location and the signals are warranted at this time according to both agencies.

 

Mayor Capellini stated that one of the reasons for reluctance on the part of the FDOT was that the poles no longer meet the specifications for hurricane resistance post Hurricane Andrew. They will allow the city to install the lights temporarily until the new poles arrive in six to eight months.

 

A motion to draft a joint agreement with the state and to negotiate with Broward County for the temporary lights was made by Vice Mayor Shaddow and seconded by Commissioner Clarke-Reed. Roll call showed: YEAS: Commissioner Clarke-Reed, Commissioner Trinchitella, Vice Mayor Shaddow, and Mayor Capellini. NAYS: None.

 

WRITTEN REQUEST TO ADDRESS THE COMMISSION

 

PRESENTATIONS OPPOSING BEACH PARK REFERENDUM

 

Angela Comotto, 208 Tilford A, spoke regarding the water feature portion of upcoming referendum. Her PAC's attorney asked for and she requested televised meetings regarding the pros and cons of the referendum. She does not want the water feature added to the park because the beach has the ocean. Place a water feature at another park.

 

Martha McGeary, 1442 SE 6 Street, spoke regarding traffic flow related to the proposed parking garage portion of the upcoming referendum. She asked for a televised meeting regarding the referendum. She contested the idea that congestion is caused by people looking for parking. She believes traffic flowing onto AIA and trying to cross the bridge is the problem. She does not see a resolution to this unless another bridge is constructed. Adding more parking will not reduce the traffic congestion. Many of the spaces will be required by code for the proposed commercial properties. She asked how eliminating access streets would ease traffic congestion. She asked on what streets would the cars enter the parking garage. She asked where the fire station would be located and the proposed exits for those vehicles. She asked how many parking spaces would the Conrad property hold.

 

PRESENTATIONS IN FAVOR OF BEACH PARK REFERENDUM

 

Bill Longstreth, Deerfield Beach Kiwanis Club, spoke in favor of the Deerfield Beach Ocean Park project. Kiwanis is involved with the project to provide more green spaces, trees and recreational area at the beach. Kiwanis portion of the project is to underwrite the amphitheater for the numerous concerts currently staged in showmobile. The park would add parking as well as beautify the beach.

 

Ben Troxell, 724 Emerald Way West, spoke in favor of the beach park referendum. While the specifics of the project remain to be determined, he is impressed with the concept. He is concerned about a letter he read in the Deerfield Beach Observer by Tom Connick regarding Mayor Capellini. He voted in favor of the 1998 Save Our Beach referendum and this year will vote in favor of the beach project because he believes in the beautification and enhancement of the system. He resents the idea that there is a conspiracy regarding the project.

 

HOMING PIGEONS AS PETS

 

Fred Wagner, 183 SE 10 Court, asked the city to allow homing pigeons as pets and requested a variance to allow a non-attached structure to house the pigeons. His neighbors agreed to the idea.

 

The City Commission took the matter under advisement.

 

PUBLIC HEARINGS CHANGE OF USE

 

WHEELCHAIRS ON THE GO, INC.

 

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

 

Wheelchairs on the Go, Inc.

 

Change of use from business office (Advanced Prof Computers) to sales of motorized wheelchairs at 828 S.E. 8th Avenue.

 

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

 

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

 

SUMMIT SERVICES, INC.

 

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

 

Summit Services, Inc.

 

Change of use from wholesale Merchant (2000 T-Shirts, Inc.) to roofing contractor at 220 S. Military Trail.

 

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

 

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

 

G.S. COLEMAN CONSTRUCTION, INC.

 

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

 

G.S. Coleman Construction, Inc.

 

Change of use from wholesale Merchant (2000 T-Shirts, Inc.) to general contractor at 220 S. Military Trail.

 

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

 

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

 

PUBLIC HEARINGS

 

AMENDMENT TO LAND DEVELOPMENT CODE PERTAINING TO SIGNS

 

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

 

ORDINANCE NO. 2000/035

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH AMENDING SECTIONS 102-3, 102-7, 102-10, AND 102-15 OF THE CITY OF DEERFIELD BEACH LAND DEVELOPMENT CODE RELATING TO SIGNS; REVISING THE DEFINITION OF COMMERCIAL SIGNS; CREATING A DEFINITION OF NON-COMMERCIAL SIGNS; LIMITING THE SIZE OF ALL FREE STANDING SIGNS; PROHIBITING SIGNS THAT ARE ATTACHED TO A BUILDING AND EXCEED THE HEIGHT OF THE BUILDING; REVISING REGULATIONS RELATING TO DESIGN CRITERIA; REVISING THE APPEAL PROCESS; PROVIDING FOR INCLUSION IN THE LAND DEVELOPMENT CODE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE

 

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

 

Motion to set second public hearing for October 17, 2000 was made by Commissioner Trinchitella and was seconded by Vice Mayor Shaddow. Roll call showed: YEAS: Commissioner Clarke-Reed, 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 00-CF-29, CITY OF DEERFIELD BEACH YOUTH AUTOMOTIVE TRAINING CENTER

 

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

 

Application 00-CF-29, City Of Deerfield Beach Youth Automotive Training Center

 

To construct a 15,963 square-foot office and training facility at 399 S. W. 3rd Avenue.

 

Gerald Ferguson, Planning and Growth Management Director, stated that the city decided to apply the same standards that a private organization would have to meet for approval of this project. The property is at the south end of the B'nai B'rith property. It has been designed to comply with all departmental requirements.

 

Commissioner Clarke-Reed asked why the project is referred to as the Deerfield Beach Youth Automotive Training Center and not JM Family Youth Automotive Training Center. She asked who it actually belonged to.

 

Larry McGinnes, JM Family Enterprises, replied that the Youth Automotive Training Center was a non-profit entity with 501 ( c ) 3 status with Jim Moran as the chairman of the board and an independent board of directors.

 

Commissioner Clarke-Reed asked about the city's liability with the Youth Automotive Training Center.

 

City Manager Larry Deetjen responded that the training center is a self-sufficient non-profit entity. The city does not own the facility. The city transferred land to allow the non-profit to operate and will be a neighbor on the same site.

 

Commissioner Clarke-Reed said that it was misleading to read Deerfield Beach in front of the name.

 

City Manager Larry Deetjen apologized for any confusion.

 

Mr. McGinnes noted that many of the board of directors were not affiliated with JM Family Enterprises. He reiterated that it is an independent organization.

 

Mayor Capellini opened the meeting to the public.

 

Maureen Kenny asked what the name of the facility is.

 

Larry Deetjen state he had not discussed the official name of the organization with Mr. McGinnes.

 

Ms. Kenny suggested it be called JM Family Enterprises of Deerfield Beach Youth Automotive Training Center.

 

Rosa Galler, 538 SW Natura Avenue, complained that she did not want more noise or fumes in the area.

 

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

 

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

 

APPLICATION 00-P-153, CITY OF DEERFIELD BEACH PUBLIC WORKS FACILITY

 

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

 

Application 00-P-153, City Of Deerfield Beach Public Works Facility

 

To plat a 21.2-acre parcel to be known as Deerfield Beach Public Works Facility Plat located at 401 S. W. 4th Street

 

Gerald Ferguson, Planning and Growth Management Director, stated that the city decided to apply the same standards that a private organization would have to meet for approval of this project. The plans were approved by the Community Appearance Board and the Development Review Committee. The Planning and Zoning Board voted against approval.

 

John Hart said the city was conscientious about following the code. Working with the residents' input and city administration, the plan was modified not to include the solid waste operations to the new site. The trash transfer station that is currently housed on the site will be moved to the current Public Works complex.

 

Peter Gallo, Keith and Schnars, worked for the past nine months with the administration studying the impact of the site. He explained the ingress and egress of the property. At the front would be a cul-de-sac for recyclable materials drop-off. The parking will be in excess of the required number. An automatic gating system will be installed. Heavy landscaping will hide the 6 foot perimeter wall. A retention pond with ficus trees will have a walkway. Vehicles will be maintained at this site. Grounds Maintenance will store small equipment at the site and other materials needed for their tasks.

 

Jose Rodriguez, Keith and Schnars traffic engineer, studied the traffic impact of the site on the surrounding neighborhood. The traffic volume is 7,000 vehicles daily and has a capacity of 17,000 vehicles daily. The traffic could double and still be adequate. The impact of the heavy trucks would generate 538 trips would be generated. Without the heavy vehicles, 305 trips is the estimate. This is a 5% increase in traffic at 3rd Avenue and 4th Street.

 

He continued by discussing the traffic as it pertains to Deerfield Park Elementary. Approximately 51 children cross the street in the morning and 58 in the afternoon. He suggested a school crossing guard at 4th Street.

 

Vivian Jeffers, 401 NE 19 Avenue, asked if the Public Works complex was supposed to be part of the MOC 1.

 

Mayor Capellini said that the recycling facility was moved to Goolsby Road so that none of the residents would be disturbed by it, but this was the original plan.

 

Lucette Tarzette, 3123 SW Natura Blvd, asked what an almost heavy truck was.

 

Jose Rodriguez replied that the site would have lower scale vehicles. The recycle transfer would be removed from the site to Goolsby Blvd.

 

Mayor Capellini explained that this site would be an office complex with the repair of light trucks.

 

Anna Haimowitz, 411 East Natura Avenue, her residence used to be rural and is now urban. She hopes that on MLK where there are a lot of children, there would be a tot park and some other small amenities. The plans for Westside Park should be incorporated into the new site. She thanked Commissioner Clarke-Reed for her assistance.

 

Edward Schwartz, 3111 SW Natura Avenue, stated that his home would be within 50 yards of where he lives. He was concerned about the dirt, diesel and noise created by the site. He recently found out the site used to be a dump. He does not want more dirt. He asked for more trees and grass along MLK.

 

Mayor Capellini advised Mr. Schwartz that only light trucks would be at the facility, the dump would be cleaned under EPA regulations and oversight.

 

Belva Russell asked where the dump trucks would be repaired.

 

City Manager Larry Deetjen said the repairs would be at this facility, but would not be there for any other reason.

 

Ms. Russell continued that approximately 90% of the children walk to Deerfield Park Elementary and contested the numbers as they were presented.

 

Mr. Deetjen described the methodology for accessing the amount of children crossing the street. The trucks that would be dispatched from the area would leave the site before the children went to school and return after school let out.

 

Mavis Ward, 409 NW 2 Way, expressed concern about the construction and the associated heavy truck traffic.

 

Mr. Deetjen advised that the dump would be capped. There would be a green belt and a small park. There will be noise and activities associated with construction.

 

Ms. Ward asked about the amount of parking at the site.

 

Mr. Deetjen said there would be sufficient parking on the site.

 

Marvin McDonald, 179 SE 3 Street, met with the City Manager and was assured that the trucks would not be parked at the site. Currently there are 4 monitoring wells checking the ground water quality. The neighborhood children would be safe and the landscaping would be beautiful. He supported the project as it has been presented with the modifications.

 

Angela Storr, 1041 SW 8 Avenue, does not want the Public Works complex on the site. She asked if the recycling bins would be visible from the road.

 

Mr. Gallo stated there would be a cul-de-sac where recycling would be available to the public.

 

Ms. Storr asked for a traffic signal. She asked about landscaping along MLK between Hillsboro to 10th Street.

 

City Manager Deetjen said that MLK needed to be realigned at Hillsboro Blvd and curbing needed to be installed along with drainage. He said a median is planned. The whole project will need funding and will be handled on a phased basis.

 

Ms. Storr requested that the beautification take place all at once.

 

Mr. Deetjen said that Westside Park, Sand Pines Preserve, the cemetery and the school are all well kept. This project would be a substantial investment. The whole area has been upgraded.

 

Ms. Storr said that the school board property still has not been purchased. She repeated her request to upgrade the whole street at one time.

 

Commissioner Trinchitella said the property was to be purchased for $50,000.00. A scandal occurred at the school board and the offer was rescinded. The current appraised value was raised to $750,000.00. Two school board members have made suggestions on how the city can acquire the property and the city is continuing to negotiate.

 

Anna Haimowitz asked if trucks would be repaired and washed at the site.

 

Mr. Deetjen said the fueling and washing would remain at Goolsby Blvd, but the repairs would be done at the new location.

 

Sylvia Poitier commended the city administration changing the plans. She asked if the students at the Youth Automotive Training Center would be learning from the city vehicles. She asked if a perimeter road off of I-95 could come across to the site. The trucks that are coming for repairs will add noise and dirt. If the access road could come across, it would lessen the impact on the neighborhood. Ms. Poitier gave a brief history of the dump.

 

Mayor Capellini said the dump should have been cleaned-up long ago.

 

Edward Schwartz stated that Natura Avenue had an old rusty fence near where the perimeter wall is proposed.

 

Peter Gallo responded that the fence and underbrush would be cleaned and a buffer wall added.

 

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

 

Commissioner Clarke-Reed clarified that Mr. Hart stated he did not know there was controversy until he attended the Planning and Zoning meeting. This is untrue because on August 22, 2000 a memo was sent to a number of people, including Mr. Hart, informing them that at the August 16th District 2 meeting there was controversy. The consultants knew ahead of time. She added that the 1999 bond issue did include the Public Works complex at the MOC 1 site. The perimeter road mentioned by Ms. Poitier should be considered. She is unhappy with the project, but she could live with it. It is her understanding to place the project at a different location, property would have to be purchased.

 

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

 

APPLICATION 00-CF-30, CITY OF DEERFIELD BEACH PUBLIC WORKS FACILITY

 

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

 

Application 00-CF-30, City Of Deerfield Beach Public Works Facility

 

To construct a 37,995 square-foot office and facilities maintenance complex at 401 S. W. 4th Street.

 

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

 

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

 

APPLICATION 00-RM25-62 AND CASE NO. 1732, FRANCIS DADAH BY JACK HAWK

 

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

 

Application 00-RM25-62 and Case No. 1732, Francis Dadah by Jack Hawk

 

To convert a 2,724 square-foot duplex into a four-plex; AND seeking 3 VARIANCES from the Deerfield Beach Land Development Code: (1) from the provisions of Section 98-80(c) in order to allow a 1-foot wide planting area around the parking area instead of 5 feet as required by Code; (2) from the provisions of Schedule B(13) in order to allow 4 parking spaces rather than 7 as required by Code; AND (3) from the provisions of Section 98-88(e) in order to allow parking spaces which require backing into a public right-of-way. Code requires off-street parking with no backing into the right-of-way at 670 S. E. 19th Avenue.

This proposal is to legalize a property which has existed without city approval since the late 1960's. It was built as a duplex and changed without permitting. The improvements, with the exception of the variances, will bring the property into compliance with the code. He modified his original plan to per Planning and Zonings recommendations

 

Jack Hawk, 201 N. Federal Highway, said the four units had four separate entrances originally. It has been operating as a four-plex for 30 years.

 

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

 

Mr. Deetjen said he met with the owner and he has agreed to enter into a developer's agreement that would state in time the property would be torn down and replaced with a new facility.

 

Mr. Hawk confirmed that his client had agreed to enter a developer's agreement to the above-stated effect.

 

Motion to approve conditioned upon the execution of a developer's agreement was made by Vice Mayor Shaddow and was seconded by Commissioner Trinchitella. Roll call showed: YEAS: Commissioner Clarke-Reed, Commissioner Trinchitella, Vice Mayor Shaddow, and Mayor Capellini. NAYS: None.

 

APPLICATION 00-PID-2AR AND CASE NO. 1739, NEWPORT PRC, INC. BY MALCOLM BUTTERS

 

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

 

Application 00-PID-2AR and Case No. 1739, Newport PRC, Inc. by Malcolm Butters

 

To construct a 39,800 square-foot office building; 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 spaces as required by Code at 1192 East Newport Center Drive.

 

Gerald Ferguson said the application met all departmental requirements.

 

Mr. Butters said the additional parking spaces would attract a higher-caliber tenant.

 

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

 

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

 

APPLICATION 00-PID-2AS, FURITZ, L.L.C. BY MALCOLM BUTTERS

 

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

 

Application 00-PID-2AS, Furitz, L.L.C. by Malcolm Butters

 

To construct a 24,060 square-foot manufacturing/warehouse building at 1371 West Newport Center Drive.

 

Gerald Ferguson said the plan met all departmental requirements.

 

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

 

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

 

SIGN VARIANCE CASE NO. 562, KFC RESTAURANT BY JOHN MCNEILL

 

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

 

Sign Variance Case No. 562, KFC Restaurant by John McNeill

 

Seeking a VARIANCE from the provisions of Section 102-8(c)(2) of the Deerfield Beach Land Development Code in order to allow a building sign which will not front on a right-of-way at 3349 West Hillsboro Boulevard.

 

Gerald Ferguson said the tenant would like the sign to face the parking lot near K-Mart.

 

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

 

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

 

GENERAL ITEMS

 

REMOVAL OF SAND OFF DEERFIELD BEACH SHORELINE

 

The City Commission discussed the letter received from the Florida Department of Environmental Protection in response to the City Commission's passage of Resolution 2000/122 opposing the removal of sand off of the Deerfield Beach shoreline for beach renourishment in south Broward County.

 

Mr. Deetjen explained that 2 - 3 million cubic yards would be removed from the ocean floor off of Deerfield Beach. The ocean floor profile would be change and effect the wave action. The wave action would increase the rate of erosion along the beach to an irreversible extent.

 

Mayor Capellini, speaking from his experience as a civil engineer, said wave propagation is a major component of erosion.

 

Mr. Deetjen asked for a resolution to send to Governor Bush stating that his response is unacceptable.

 

A motion to draft a resolution to send to Governor Bush and to contact Commissioner Kristin Jacobs was made by Commissioner Trinchitella and seconded by Commissioner Clarke-Reed. Roll call showed: YEAS: Commissioner Clarke-Reed, Commissioner Trinchitella, Vice Mayor Shaddow, and Mayor Capellini. NAYS: None.

 

SECURE MEETING SPACE FOR CHILDREN'S ORGANIZATIONS

 

Mayor Capellini expressed concern regarding the availability of space for children's organizations to meet. The public schools have now disallowed the Boy Scouts to use their facilities due to constitutional issues. He has been asked if city facilities could be made available to the Boy Scouts.

 

Commissioner Shaddow said the city already does this and to pass a resolution it implies that the city disapproves of the school board's decision.

 

Mayor Capellini asked if the fees could be waived.

 

Commissioner Clarke-Reed said we do that already.

 

NOVEMBER COMMISSION MEETINGS

 

The City Commission decided not to change the meeting dates in November.

 

CONSENT AGENDA

 

CONFIRM ELECTION OF BOARD MEMBER TO THE POLICE OFFICERS' RETIREMENT TRUST FUND

 

RESOLUTION 2000/133

 

A RESOLUTION CONFIRMING THE APPOINTMENT OF A MEMBER TO THE BOARD OF TRUSTEES - POLICE OFFICERS' RETIREMENT TRUST FUND

 

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

 

REAPPOINT BOARD MEMBERS TO THE CULTURAL COMMITTEE

 

RESOLUTION NO. 2000/134

A RESOLUTION RE-APPOINTING MEMBERS TO THE DEERFIELD BEACH CULTURAL COMMITTEE

 

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

 

REAPPOINT BOARD MEMBERS TO THE BEAUTIFICATION AUTHORITY

 

RESOLUTION NO. 2000/135

A RESOLUTION RE-APPOINTING MEMBERS TO THE DEERFIELD BEACH BEAUTIFICATION AUTHORITY

 

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

 

REAPPOINT BOARD MEMBERS TO THE SCHOOL ADVISORY BOARD

 

RESOLUTION NO. 2000/136

A RESOLUTION RE-APPOINTING MEMBERS TO THE DEERFIELD BEACH SCHOOL ADVISORY BOARD

 

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

 

REAPPOINT BOARD MEMBERS TO THE BOARD OF ADJUSTMENT

 

RESOLUTION NO. 2000/137

A RESOLUTION RE-APPOINTING MEMBERS TO THE BOARD OF ADJUSTMENT

 

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

 

REAPPOINT BOARD MEMBERS TO THE CODE ENFORCEMENT BOARD

 

RESOLUTION NO. 2000/138

A RESOLUTION RE-APPOINTING MEMBERS TO THE CODE ENFORCEMENT BOARD OF THE CITY OF DEERFIELD BEACH, FLORIDA

 

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

 

APPOINT BOARD MEMBER TO THE HOUSING AUTHORITY

 

RESOLUTION NO. 2000/139

A RESOLUTION RE-APPOINTING A MEMBER TO THE DEERFIELD BEACH HOUSING AUTHORITY

 

Mayor Capellini asked that his appointment to the board would be Bill Gallo.

 

Commissioner Shaddow asked about an expired term limit of another member in June. She said she had some names of people who would like to serve. She would bring it up at the next meeting.

 

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

 

DECLARATION OF INTENT - REIMBURSE CERTAIN FISCAL YEAR 2001 CAPITAL EXPENDITURES

 

RESOLUTION NO. 2000/140

 

A RESOLUTION OF THE CITY OF DEERFIELD BEACH CITY COMMISSION DECLARING ITS INTENT TO REIMBURSE THE GENERAL FUND AND SOLID WASTE FUND FROM THE PROCEEDS OF A FUTURE LEASE-PURCHASE FINANCING FOR CERTAIN CAPITAL EXPENDITURES APPROVED IN THE FISCAL YEAR 2001 BUDGET

 

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

 

AUTHORIZATION TO ENTER AGREEMENT WITH CORZO, CASTELLA ET AL

 

RESOLUTION NO. 2000/141

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH CORZO, CASTELLA CARBALLO THOMPSON SALMAN, P.A.(CONSULTANT) TO PROVIDE GENERAL ENGINEERING, ARCHITECTURE, PLANNING AND GRANT ADMINISTRATION SERVICES RELATIVE TO DEERFIELD BEACH MIDDLE SCHOOL PARK, PROVIDING FOR EXECUTION SUBJECT TO APPROVAL OF TERMS AND FORM BY THE CITY MANAGER AND THE CITY ATTORNEY

 

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

 

TRANSFER FUNDS FOR YOUTH SUMMER EMPLOYMENT PROGRAM

 

RESOLUTION NO. 2000/142

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH TRANSFERRING THE SUM OF $7,266.00 FROM THE TARGET AREA TRUST FUND TO THE GENERAL FUND FOR EXPENDITURES RELATED TO THE ADMINISTRATION OF THE YOUTH SUMMER EMPLOYMENT PROGRAM

 

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

 

MAINTENANCE AGREEMENT WITH FDOT

 

RESOLUTION NO. 2000/143

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE MAINTENANCE OF LANDSCAPING ON STATE ROAD 845 (POWERLINE ROAD) FROM NORTH OF SAMPLE ROAD TO S.W. 10TH STREET

 

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

 

MAINTENANCE AGREEMENT WITH MOTOROLA

 

RESOLUTION NO. 2000/144

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH APPROVING A SERVICE AGREEMENT BETWEEN THE CITY OF DEERFIELD BEACH AND MOTOROLA FOR RADIO EQUIPMENT MAINTENANCE FOR THE DEPARTMENT OF FIRE RESCUE FOR THE TOTAL ANNUAL COST OF $28,938.96, AND SPECIFYING THE FUNDS THEREFORE

 

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

 

AUTHORIZE AN APPLICATION FOR THE LOCAL LAW ENFORCEMENT BLOCK GRANT

 

RESOLUTION NO. 2000/145

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPLY FOR A LOCAL LAW ENFORCEMENT BLOCK GRANT FROM THE UNITED STATES DEPARTMENT OF JUSTICE FOR THE AMOUNT OF $52,196.00

 

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

 

FIFTH ADDENDUM TO THE BSO CONTRACT

 

RESOLUTION NO. 2000/146

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH AUTHORIZING THE MAYOR AND THE CITY MANAGER TO EXECUTE A FIFTH ADDENDUM TO LAW ENFORCEMENT SERVICE AGREEMENT BETWEEN THE CITY OF DEERFIELD BEACH AND KENNETH C. JENNE, II, SHERIFF OF BROWARD COUNTY

 

Commissioner Clarke-Reed asked about this position being filled by a uniformed officer.

 

City Manager Larry Deetjen said this would add no cost to the city.

 

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

 

ADMINISTRATIVE ACTIONS AND CITY MANAGER COMMENTS

 

None

 

COMMENTS BY MAYOR AND COMMISSIONERS

 

HOMESTEAD EXEMPTION

 

Commissioner Clarke-Reed announced that the Broward County Property Appraiser's would be accepting homestead exemption applications at the Good Neighbor House from 5 -7 PM on October 17th, November 21st, December 19th, January 16th and February 20th.

 

PRESIDENTIAL DEBATE

 

National Public Radio was in the building with a few residents watching the debate, with a discussion to follow.

 

PUBLIC TO BE HEARD

 

Steve Gonot asked about the cable in Deer Creek and wondered what was happening.

 

Mayor Capellini said he met with ATT and told them that they had to put in lines for the city to sign the franchise agreement. ATT will not put in the lines unless the city signs the agreement. The city is trying to work out a 30 day agreement, but ATT will not consider it. The city received a letter today stating that the rates will be raised again.

 

Commissioner Trinchitella said by the end of the month the city should have a response from another company that wishes to serve the area.

 

Martha McGeary asked if she could receive a response to her questions. She turned them over to City Clerk Felicia Bravo for her to turn them over to the City Commission.

 

Vivian Jeffers said she did not know that the parking lot was part of the CRA.

 

Mr. Deetjen said it was always in the CRA. There were many public hearings both of the Community Redevelopment Agency and the City Commission.

 

Ms. Jeffers asked about the bond money for the drainage at the beach.

 

Mr. Deetjen said the money was used to improve the drainage in front of the Cove Beach Club.

 

ADJOURNMENT

 

The meeting was adjourned at 9:21 PM.

 

 

 

 

ALBERT R. CAPELLINI, P.E., MAYOR

 

 

Attest:

 

 

 

FELICIA M. BRAVO, CITY CLERK