REGULAR MEETING OF THE CITY OF DEERFIELD BEACH
CITY COMMISSION
Tuesday, December 19, 2000 7: 00 P. M.

The meeting was called to order at 7: 03 P. M. by Mayor Capellini on the above date in
the City Commission Room, City Hall.

Roll Call showed:
Present: Commissioner Gwyndolen Clarke-Reed (in at 7: 25 PM)
Commissioner Peggy Noland
Commissioner Amadeo Trinchitella
Vice Mayor Kathy Shaddow (in at 7: 07 PM)
Mayor Albert R. 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 Pastor David Ricks, followed by the Pledge of Allegiance
to the flag.

Vice Mayor Shaddow arrived at 7: 07 PM

APPROVAL OF MINUTES
Regular Meeting of the Commission -November 21, 2000
A motion to approve the minutes made by Commissioner Noland and was seconded by
Vice Mayor Shaddow. Roll call showed: YEAS: Commissioner Noland, Commissioner
Trinchitella, Vice Mayor Shaddow, and Mayor Capellini. NAYS: None.

ACKNOWLEDGEMENT OF BOARD MINUTES
1. Board of Adjustment -October 26, 2000
2. Code Enforcement Board -November 13, 2000
3. Community Appearance Board -October 11, 2000
4. Community Appearance Board -November 8, 2000
5. Planning and Zoning Board -November 2, 2000

The Commission acknowledged the above board minutes.
PRESENTATIONS
COMMUNITY IMPROVEMENT VIDEO
A short video about the tree lighting ceremony was shown.
2000 HOLIDAY CARD PRESENTATION
The Deerfield Beach Chamber of Commerce presented the 2000 Holiday Card winners
from local area schools. The event was sponsored by Office Depot.

Janyce Becker, Executive Director of the Deerfield Beach Chamber of Commerce,
described the project and the process of selecting the winners. She introduced the
selection committee members, school principals, teachers and students. Ms. Becker
distributed holiday cards to the members of the Commission. Samantha Cardillo, 4 th
Grade, St. Ambrose School, and Jessica Berman, 12 th Grade, Deerfield Beach High
School, won the grand prizes. This was Jessica's second year winning the grand prize.

Mayor Capellini presented all of the children with Certificates of Achievement for their
efforts.

DEERFIELD BEACH HIGH SCHOOL CHORUS
The Deerfield Beach High School Chorus sang holiday songs for the City Commission
and those in attendance at the meeting.

PROCLAMATIONS AND CERTIFICATES OF APPRECIATION FOR FORT
RIVERBEND

Proclamations and Certificates of Appreciation were given to the Fort Riverbend
Committee and the construction captains by Mayor Capellini.

Director of Community Services Vincent Kendrick thanked all of those who were
involved with the building of the playground and made special mention of the efforts of
Sue Hasson and Bill Hunter.

Commissioner Clarke-Reed arrived at 7: 25 PM
DREDGING OF BOCA INLET
Mayor Sussman of Hillsboro Beach described the circumstances surrounding the
accumulation of sand at the Boca Inlet and the process by which the City of Boca Raton
is supposed to pass the sand to the communities to the north or south. The inlet has
accumulated 500,000 square yards of sand.
The Town of Hillsboro Beach sent a letter Boca Raton Mayor Carol Hanson asking why
the sand has not been passed to Deerfield Beach and Hillsboro Beach. Mayor
Sussman asked the City Commission to join them in a request asking Boca Raton
permission to move sand from the Boca Inlet to Deerfield Beach and Hillsboro Beach.

Mayor Capellini added that the City of Deerfield Beach asked Boca Raton to realign
their pipe to pump the sand south. He hoped that cooperation between the three cities
could be achieved. He added that the north end of Broward County was left out of the
federal beach renourishment legislation, which would have provided financial assistance
in this matter. The city is still lobbying its congressional representatives for assistance.

RESOLUTION NO. 2000/ 186
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEERFIELD
BEACH, REQUESTING THE CITY COMMISSION OF THE CITY OF BOCA RATON
TO COOPERATE BY PERMITTING THE MOVEMENT OF SAND THAT IS NOW
BEING DEPOSITED ON THE NORTH SIDE OF THE BOCA RATON INLET TO THE
SOUTH SIDE IN ORDER TO SERVICE THE COMMUNITIES OF DEERFIELD BEACH
AND HILLSBORO BEACH

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.

BOCA RATON AIRPORT FLIGHT PATTERNS
Mayor Capellini updated residents regarding the Boca Raton Airport flight patterns.
The mayor and city manager met with the airport authority manager. There is dissenting
opinion among the members of the authority about the flight patterns. The Boca Raton
Airport Authority sent a letter to Deerfield Beach, which stated that its flight patterns do
not go over Deerfield Beach. Until December 1, 2000, the airport did not have a control
tower. Now that it does, the flight patterns will be better regulated. The city has also
contacted the Federal Aviation Administration as well.

RESOLUTION NO. 2000/ 179
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEERFIELD
BEACH OPPOSING ANY ALTERNATIVE FLIGHT PATTERNS FOR THE BOCA
RATON AIRPORT THAT IMPACT THE CITY OF DEERFIELD BEACH

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.

PUBLIC WORKS EMPLOYEES OF THE MONTH
Public Works Employees of the Month for October 2000 and November 2000 are
William Lacy and Corey Battie respectively. Donald Freeland presented them with the
honor and described their extraordinary dedication to their work.

DEERFIELD BEACH ELEMENTARY THANKS CITY COMMISSION FOR
SUPPORTING DAY OF UNITY

Principal John Hodge of Deerfield Beach Elementary School thanked the City
Commission for supporting the United Way's Day of Unity, which provided volunteers
and materials for landscaping at the school.

MEDIAWORKS CORPORATION MOC 1 PRESENTATION
Andy Clayman and Rick Velleu of Mediaworks Corporation showed a video of the Fire
Zone in New York City. They said they could create an exhibit for the MOC 1 that would
be similar, but pertaining to hurricanes.

CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING
Congratulations were given to Finance Director David Bok and Assistant Finance
Director Sally Siegel for receiving the Certificate of Achievement for Excellence in
Financial Reporting from the Government Finance Officers' Association twenty years in
a row.

HOT DOG CART AT BRANDSMART
Vice Mayor Shaddow presented a check to the city from the proceeds of the hot dog
cart at Brandsmart. Mr. Carl Vitale is dividing the proceeds between the city and Kids in
Distress.

WRITTEN REQUEST TO ADDRESS THE COMMISSION
DEERFIELD BEACH HIGH SCHOOL MARCHING BAND REQUESTS FUNDING
Cynthia Fortney, representing the Deerfield Beach High School Marching Band,
requested funding for the band's third trip to Washington D. C.

A motion to approve $2,500.00 in funds 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.

Ms. Fortney thanked the commission for the funds and announced that the band has
new uniforms. She invited everyone to a concert the following evening.
PUBLIC HEARINGS CHANGE OF USE
BACH HOLDINGS, INC.
Mayor Capellini advised this was the time and place scheduled for a public hearing on
the following:

Change of use application -Bach Holdings, Inc.
Change of use from pool contractor (Aquatic Isles Pool Service) to mail order sports &
exercise videos at 1717 S. W. 1 st Way #18.

A motion to close the public hearing 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.

Motion to approve was made by Vice Mayor Shaddow 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.

PUBLIC HEARINGS
APPLICATION 00-R-127, KEVIN KRAFT BY LEIGH ROBINSON KERR
Mayor Capellini advised this was the time and place scheduled for a public hearing on
the following:
ORDINANCE NO. 2000/ 038

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD
BEACH REZONING A 33.05 ACRE PARCEL FROM A (AGRICULTURE) TO I
(INDUSTRIAL), SAID PARCEL DESCRIBED AS A PORTION OF THE SW 1/ 4 OF
SECTION 3, TOWNSHIP 48 SOUTH, RANGE 42 EAST, MORE PARTICULARLY
DESCRIBED IN THE FILE, LOCATED AT 600 SOUTH POWERLINE ROAD;
CONTAINING A PROVISION FOR REVISION OF THE CITY ZONING MAP;
CONTAINING A SEVERABILITY CLAUSE; CONTAINING AN EFFECTIVE DATE

ORDINANCE NO. 2000/ 039
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD
BEACH REZONING A 6.85 ACRE PARCEL FROM A (AGRICULTURE) AND I
(INDUSTRIAL), TO B-3 (GENERAL BUSINESS) SAID PARCEL DESCRIBED AS A
PORTION OF THE SW 1/ 4 OF SECTION 3, TOWNSHIP 48 SOUTH, RANGE 42
EAST, MORE PARTICULARLY DESCRIBED IN THE FILE, LOCATED AT 600 SOUTH
POWERLINE ROAD; CONTAINING A PROVISION FOR REVISION OF THE CITY
ZONING MAP; CONTAINING A SEVERABILITY CLAUSE; CONTAINING AN
EFFECTIVE DATE

Gerald Ferguson, Planning and Growth Management Director, recapped the project.
They agreed to a landscape buffer.

Leigh Kerr, 808 East Las Olas, Fort Lauderdale, the property has long been proposed
as being industrial and now they would like to rezone it as industrial. The will commit to
certain restrictions so that the property is more like the Newport Center. It will be like a
PID. It was agreed that a buffer of 25 feet along the abutting residential portion of the
property would be created. The front of the property, which is B-3, they agreed to
restrict auto and auto repair type uses.

A motion to close the public hearing 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.

Commissioner Trinchitella said the development had to be exactly like Newport Center.
The restrictions must include the drainage system.

Vice Mayor Shaddow asked about the conditional uses. Did the Krafts agree to
voluntarily agree to restrict truck and transportation terminals?

Mr. Kerr answered they agreed to restrict commercial bakeries, commercial kitchens, a
recycling operation and dry cleaning.

Vice Mayor Shaddow asked again about the trucking and transportation terminals
restriction and outside storage.

Mr. Kerr said it was not their intent to have a transportation terminal, although there may
be trucks coming and going.

Vice Mayor Shaddow asked if he would add that to his restrictions.
Mr. Kerr replied yes.
Vice Mayor Shaddow asked what happens if the property is sold.
Assistant City Attorney Charles Seaman said the restriction would go with the land.
Mr. Kerr said it was their intention to put in the drainage pipe.
Motion to approve with voluntary restrictions was made by Vice Mayor Shaddow 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.

QUASI-JUDICIAL HEARINGS
Assistant City Attorney Charles Seaman swore in all those who would provide testimony
in the following items.

APPLICATION 00-P-151, KEVIN KRAFT BY LEIGH ROBINSON KERR
Mayor Capellini advised this was the time and place scheduled for a public hearing on
the following:

Application 00-P-151, Kevin Kraft by Leigh Robinson Kerr
To plat a 39.9-acre parcel to be known as Kraft Plat at 600 South Powerline Road.
Gerald Ferguson stated this plat would require the 25 foot landscape buffer, sewer and
drainage and the voluntary restrictions (no commercial bakeries, commercial kitchens,
recycling operations, dry cleaning or truck and transportation terminals).

Mr. Leigh Kerr agreed.
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.

Commissioner Trinchitella stated he met twice with the 15 residents of Newport and
Tilford. Everyone agreed on what would happen to the property.

A lady from the gallery asked how high the buildings could be.
City Manager Deetjen responded that they were no more than three stories.
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 00-RM25-64 AND CASE NO. 1738 BERTRAM WASSERMAN BY JACK
HAWK

Mayor Capellini advised this was the time and place scheduled for a public hearing on
the following:
Application 00-RM25-64 and Case No. 1738 Bertram Wasserman by Jack Hawk
To convert an existing apartment building into an 8-unit motel; AND seeking 8
VARIANCES from the Deerfield Beach Land Development Code: (1) from the
provisions of Section 98-61 to allow 20% minimum landscaped area rather than 25% as
required by Code; (2) from the provisions of Section 98-73( 3) to allow an existing
shuffleboard court to be located 8 inches from the south property line rather than 10 feet
as required by Code; (3) from the provisions of Section 98-73( 3) to allow an existing
patio to be located 1 foot 4 inches from the east property line and 2 feet 4 inches and 0
feet from the north property line rather than 5 feet as required by Code; (4) from the
provisions of Section 98-80( b)( 1) in order to allow no perimeter landscape buffer along
S. E. 7 th Street rather than a 10-foot wide buffer as required by Code; (5) from the
provisions of Section 98-80( b)( 2) in order to allow no perimeter landscape buffer along
the north property line rather than a 5-foot wide buffer as required by Code; (6) from the
provisions of Section 98-80( b)( 2) in order to allow a 3-foot 8-inch wide perimeter
landscape buffer along the east property line rather than 5 feet as required by Code; (7)
from the provisions of Section 98-88( e) in order to allow parking which will necessitate
that vehicles back into the right-of-way (the Code requires off-street parking with no
backing into the right-of-way); AND (8) from the provisions of Schedule C in order to
allow said parking spaces to be 12 feet long rather than 20 feet as required by Code;
AND also seeking CONDITIONAL USE approval in accordance with the provisions of
Section 98-49( c)( 1) of the Deerfield Beach Land Development Code in order to convert
the apartments into a motel. Property is located at 696 S. E. 20 th Avenue.

Gerald Ferguson said there were life safety issues at the last meeting.
Jack Hawk, on behalf of the applicant, said there would be a sidewalk on 7 th and A1A.
The landscaping was already covered. Changes could be made to the shuffleboard
court if necessary. The life safety issues in terms of the handicapped issues would be
addressed. An inspector would be hired for the electrical wiring, etc. (Mr. Hawk did not
elaborate) would be hired to look into these matters.

Commissioner Noland read a letter from a resident complaining about the occupational
license which allows the rental of six units, but eight are rented by Mr. Wasserman. Mr.
Wasserman is trying to sell the building to make money and the new buyer will have to
bring it up to code. The writer asked if there was a permit for the coin-operated washer
and dryer.

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.

Commissioner Clarke-Reed asked about the water bill.
Mayor Capellini said if there was one meter and it was a multiple unit, it would be a
violation.

Commissioner Noland asked if the washer and dryer issues could be looked into as
well. She continued that the difficulty with this property is that if they make the owner
use it as six units, then the city will not have any leverage to have the property
improved. At least by approving the variances with restrictions, the city maintains some
control.

A motion to approve with stipulations 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.

SIGN CASE NO. 563, OTI PHARMACY
Mayor Capellini advised this was the time and place scheduled for a public hearing on
the following:

Sign Case No. 563, OTI Pharmacy
Seeking a variance from the provisions of Section 102-7( 12) of the Deerfield Beach
Land Development Code in order to allow two (2) portable signs for a retail business.
The Code prohibits portable signs with the exception of "moveable menu boards" for
restaurants at 1718 West Hillsboro Boulevard.

Gerald Ferguson recommended disapproval due to sidewalk clutter. He showed a photo
of the window with extensive signage.

Mayor Capellini said signs on the sidewalk were dangerous.
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, Commissioner Trinchitella, Vice Mayor Shaddow, and Mayor
Capellini. NAYS: None.

A motion to deny 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.

SITE PLAN EXTENSION SITE PLAN 98-B3-76, MWI CORPORATION
Mayor Capellini advised this was the time and place scheduled for a public hearing on
the following:

Site Plan Extension Site Plan 98-B3-76, MWI Corporation
To construct a 19,604 square-foot warehouse facility and parking area on 2.538 acres
at 310 North Deerfield Avenue.

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 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 00-I-73 REVISION 1, LEDDS ENTERPRISES BY DANIEL MANCINI
City Attorney Andrew Maurodis announced that the applicant requested to table the
matter.

Commissioner Clarke-Reed asked if the city was obliged to table under those
circumstances.

Mr. Maurodis advised the City Commission was not and could proceed with
consideration of the request.

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

Application 00-I-73 Revision 1, Ledds Enterprises by Daniel Mancini
Request to modify the conditions of approval given on October 17, 2000, with respect to
the hours of operation at 2900 S. W. 15 th Street.

Gerald Ferguson, Director of Planning and Growth Management, recapped the October
17, 2000 decision of the commission which placed conditions on the approval of the
application. He cited the lighting restriction and physical changes to the site. One was a
restriction on hours of operation. The applicant was requesting removal of this
restriction.

Blake Harmon, attorney for the applicant, requested a modification of the previous site
plan approval. He state that three conditions were placed on the site plan, namely no
outdoor PA system, no light spillage onto neighboring areas and hours limited to 6: 30
AM to 5: 30 PM, except during the summer. The hours would be extended to 8: 00 PM.
They are requesting the removal of the restriction on the hours.
Mr. Harmon said Mr. Mancini agreed to the first two conditions, but did not agree to the
hours of operation nor was that his intention. There was discussion, but he never
expressly agreed to the limit on hours.

Vice Mayor Shaddow asked for clarification about Mr. Mancini's denial of agreement to
the hours of operation.

Mr. Harmon stated that there was discussion, and suddenly the matter was voted on by
the Commission.

City Attorney Maurodis interjected that the condition was imposed because to provide
compatibility with the surrounding neighborhood, as required by the Code. Mr. Mancini
did not object nor appeal the decision.

Vice Mayor Shaddow stated the restriction was in fact agreed to after consultation with
the others in his party that evening.

Mayor Capellini said the applicant agreed to conform.
Vice Mayor Shaddow continued that she did not object to the applicant requesting to
change the conditions, but did not like the assertion that it was never agreed to by the
applicant. She would listen to an argument as to why the condition should be removed.

Mr. Harmon said to whatever extent his client agreed, they were there to request
removal of the condition. He began to give background on the site plan and Graebel.

Commissioner Clarke-Reed restated Vice Mayor Shaddow's assertion that the
commission would listen to an argument as to why the condition should be removed.

Mr. Harmon began to speak about the site plan and its design. The site plan is
designed to be compatible with the neighbor, which is evidenced by the parking, traffic,
loading and unloading to be taken place on the west side or south side of the building.
Mr. Harmon introduced Steve Brown of Graebel to speak.

Mr. Brown, Regional Vice President for Graebel, said he has been in South Florida for
many years. He apologized for not being at the October 17, 2000 meeting. Graebel
needs 24 hour access, not business, for their drivers. There may be two trucks a week
coming in and need a safe yard for the evening. This would be after business hours.
During a normal day the warehouse men come in at 6: 30 AM. By 8: 00 AM, the crews
are dispatched and return at 5: 30 PM for the household goods portion of their business.
This is 85% of their business. Part of the business is office moving. At the customer's
request, the crews work after 5: 00 PM. The workers return around 12 midnight, park
the equipment without unloading and go home. The facility would have 23 office
personnel, four managers and 40-50 production workers. He said he would never treat
his employees or the residents in the manner a former trucking company in the area did.
Specifically, he would not have his drivers lined up on residential streets with their
trucks running all night. He provides secured lots for them to park their vehicles.

Vice Mayor Shaddow asked how the restriction placed on the site plan would prevent
Graebel from doing what Mr. Brown explained. She added that the city was aware and
spoke of the occasion when the circumstances Mr. Brown described. As long as they
are coming to park and not be loading and unloading, she did not see a conflict with the
restriction.

Commissioner Trinchitella asked to listen to public comment.
Mayor Capellini said the commission struggled that evening with the issue and tried to
make the restrictions compatible with the neighborhood. The city does not normally
change their mind on a negotiated item. He suggested the company think about the
families that live in the area that would have to live with the noise from the trucks.

Mr. Harmon asked if this matter could be tabled again. He added that he believes this
operation would be compatible with the neighborhood.

Mayor Capellini advised Mr. Harmon that the city has executed many developer's
agreements that have been violated. These then become an enforcement problem and
the businesses are cited. He suggested that Graebel meet with the residents and with
their involvement come up with a plan that would serve everyone's interests.

Mr. Harmon reiterated that he would like to table the matter. An attempt was made the
previous week to meet with the homeowners. They would like to see what can be done
to alleviate the concerns of the residents. He added that Graebel has 55 facilities
nationwide and this is the only one with restrictions on hours of operation.

Mayor Capellini replied what other communities do is not our concern. If Graebel
makes an agreement with the homeowners, the city will address this matter at that time.
The City Commission is accountable to the residents and the Code requirements. If the
drivers were pulling in and parking, the commission could accept that.

Mr. Harmon said they would not be coming in and unloading. They would be parking
the trucks, getting in their cars and driving home.

Vice Mayor Shaddow again stated that the restriction has not effect on that activity. She
did not see a conflict.

Commissioner Trinchitella observed that nothing new was said that would indicate the
original condition was not necessary for compatibility. He believes that proposed
modification would cause the site plan to be incompatible with by virtue of the noise and
light the extended hours would create. He did not want to hear the public because he
already knew where they stand. The commission is there to protect the public. The
commission is not against development. There has been tremendous development in
the city with Larry Deetjen and this commission over the past eight years. The
commission would handle development the right way and this development does not
belong in an area. The people need to be protected.

Mr. Harmon said he did not want the site plan to die. He asked that the request be
tabled so they would have an opportunity to meet with the property owners, explain
what they are doing and come back to the commission with an agreement that will make
the homeowners happy.

Commissioner Clarke-Reed asked if Graebel was seeking no restriction on hours of
operation. Would Graebel want to operate whatever times they wanted?

Mr. Harmon said Graebel could not live with the restriction as it is now.
Mayor Capellini asked if the homeowners' association had any chairperson or
spokesman.

Commissioner Trinchitella asked for the request to be withdrawn. The applicant would
have an opportunity to meet with the community.

Mr. Harmon announced he was withdrawing the application.
Vice Mayor Shaddow clarified that they did not withdraw the site plan, just the request
for the modification of the hours of operation restriction.

CASE NO. 1748 AND CHANGE OF USE, THE SCHOOL OF FINGERS, FACES &
TOES BY GLORIA ST. GERMAINE

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

Case No. 1748 and Change of Use, The School of Fingers, Faces & Toes by Gloria St.
Germaine

Seeking CONDITIONAL USE approval to expand an existing vocational school (beauty)
in a B-1 zoning district as provided for in Section 98-53( c)( 3) of the Deerfield Beach
Land Development Code; ALSO seeking TECHNICAL DEVIATION from the parking
requirements of Section 98-88( q) of the Deerfield Beach Land Development Code for 12
parking spaces; AND seeking CHANGE OF USE approval to occupy space previously
occupied by a retail store at 100 South Military Trail.

Gerald Ferguson said that this property was in Woolfie's Plaza and the applicant wanted
a technical deviation for parking spaces.

A motion to deny was made by Commissioner Noland and seconded by Commissioner
Clarke-Reed. Roll call showed: YEAS: Commissioner Clarke-Reed, Commissioner 13
Noland, Commissioner Trinchitella, Vice Mayor Shaddow, and Mayor Capellini. NAYS:
None.

CASE NO. 1750 AND CHANGE OF USE, MAGDALENA POPOV
Mayor Capellini advised this was the time and place scheduled for a public hearing on
the following:

Case No. 1750 and Change of Use, Magdalena Popov
Seeking CONDITIONAL USE approval to convert an existing apartment building into a
9-unit motel in accordance with the provisions of Section 98-49( c)( 1) of the Deerfield
Beach Land Development Code; AND seeking CHANGE OF USE approval for same at
814 S. E. 19 th Avenue.

Gerald Ferguson explained that the applicant wanted to change from an apartment to a
hotel. The site plan is approved.

Maggie Popov, 1343 Walnut Terrace, Boca Raton, said she just bought the building.
They are landscaping, painting and adding central air. They would like to rent it to
tourists on a seasonal basis. They would not be absentee owners and would upkeep
the property.

Joan Gould said she lives in an apartment next door to the property. There are motels
all along A1A. Her neighborhood is quiet, but the property in question was
deteriorating. None of the neighbors want to see this property become a motel because
it is residential.

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 deny 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.

SIGN CASE NO. 565, KING TOYOTA
Mayor Capellini advised this was the time and place scheduled for a public hearing on
the following:

Sign Case No. 565, King Toyota
Seeking a VARIANCE from the provisions of Section 102-8( 2)( a) of the Deerfield Beach
Land Development Code in order to increase an existing building sign which, by a
previous variance granted, exceeds the number and size allowed by Code. The Code
allows one building sign not to exceed 100 square feet. The previous variance allows
four signs totaling 132 square feet. This request will result in four signs totaling 148
square feet at 1441 South Federal Highway.

Gerald Ferguson said it was approved by the Community Appearance Board and staff
has no objections.

The applicant chose not to speak..
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 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.

GENERAL ITEMS
CRYSTAL LAKE DREDGING
Commissioner Trinchitella advised the residents that the city stop the dredging of
Crystal Lake for 15 months. The developer has permits from the environmental agency,
the county and everyone else who must permit the project. It was taken to court and
stopped for 15 months. The court wants to clear the matter from the calendar. The
commission hoped that the county, through the $400 million parks bond issue, would
approve the purchase of the property. But with some of the problems the county has
had with its dealings, they instituted eligibility through a system of points. Speaking
with five of the commissioners, there is no way they will purchase the property. Crystal
Lake is not eligible.

The City of Deerfield Beach negotiated 28 acres to be given to the city and the rest will
be developed with certain restrictions on how it will look. Linda Mooney, who is a
resident of Crystal Lake, is on the Planning and Zoning Board. She will see the plans
prior to development.

The developer has negotiated as much as they can and now the city must move
forward. He asked that the City Commission empower City Attorney Andrew Maurodis
to meet with the developer and draft an agreement with certain conditions. The
conditions include dredging will take place from 8 AM to 5 PM only. No dredging will be
allowed on Saturday and Sunday. The dredging must be complete within a year and a
half.

A motion for the City Attorney to draft a developer's agreement and bring it back before
the commission 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.

DEVELOPER'S AGREEMENT WITH MOGERMAN, O'LEARY AND PATEL
A draft of a developer's agreement was presented to the City Commission.
City Attorney Andrew Maurodis read the following title, stipulating that the agreement
was on file with the City Clerk's Office in substantially the same form, but subject to
modification by the City Manager and the City Attorney. It would also be subject to the
provision of a release that Mr. Mele has in escrow for a parking facility, provided that we
come to an accommodation as to the third paragraph of that release, that the city will
not use that third paragraph. The agreement would be subject to getting the release
under the proper terms with Mr. Mele, Mr. Mele to acknowledge that he has the release,
that it is available to us upon our agreement.

RESOLUTION NO. 2000/ 187
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEERFIELD
BEACH AUTHORIZING THE CITY MANAGER TO ENTER INTO A DEVELOPER'S
AGREEMENT WITH MOGERMAN, O'LEARY & PATEL, III, INC. RELATIVE TO THE
TEMPORARY USE OF A1A GAS STATION PROPERTY, AS SUBSTANTIALLY SET
FORTH IN THE ATTACHED AGREEMENT, SUBJECT TO APPROVAL OF TERMS
AND FORM BY THE CITY MANAGER AND THE CITY ATTORNEY

Mayor Capellini simplified the above by stating one of the restrictions is that the it is not
renewable. The city does not want it to go on into perpetuity.

Mr. Mele for the applicant acknowledged that he does have the release and he will be
releasing it under the conditions described. In addition to the normal site plan process,
there is a coastal construction permit needed from the Department of Environmental
Protection in Tallahassee. The way the agreement is drafted permits an extension only
if due diligence and good faith efforts are made.

Commissioner Noland recapped the circumstances surrounding this matter by stating
the gas station on the beach is asking the City Commission to allow them to take the
gas station down with the hope of redevelopment in the future. In the meantime, a
parking lot would be erected and the public would be charged for use. If they cannot
pull the permits within 18 months, they will have the opportunity to come before the
commission and ask for two extensions, which would consist of two years (12 months
for each extension). This would bring the total to 3 1/ 2 years of possibly having a
parking lot on the beach. The only way the developer would be eligible for the
extensions would be if they could demonstrate that they were making progress in
receiving the permits.

City Attorney Andrew Maurodis added that they must also demonstrate that the site has
a full environmental clean up at their expense.

Vice Mayor Shaddow agreed that she did not want a parking lot at this location for 3 1/ 2
years either.

Commissioner Noland explained this is the same developer that has the parking lot
directly across the street where the bank used to be. An ordinance is in existence
which prohibits parking lots east of A1A. The developer knew all this when purchasing
the property.

Vice Mayor Shaddow agreed that a parking lot is not the best use of this property, but
the plan is to redevelop the property. Those properties are more difficult to develop
east of A1A.

Mr. Mele interjected that the parking lot would have paving, striping and landscaping.
The gas station is a permitted use in that zoning district and did not have to be torn
down. The developer wanted to remove it. The site plan has already been submitted
for review by the Planning and Zoning Board and the Community Appearance Board.
As soon as the permit from the state is received, the clean-up will begin. Their efforts to
date demonstrate that they are interested in developing the property as a restaurant and
that is where they will make their money. The applicant is one of the first developers to
come into the area to redevelop and are looking to recoup some of their initial losses in
the investment as an interim step. They are prepared to ask for only one 12 month
extension.

Mayor Capellini said he did not mind approving the extension, but it should not be
automatic. It should come before the commission to extend more than 18 months.

Commissioner Noland asked for the hours of operation to be limited to the same hours
as the city parking lots and city parking meters, which operate until 11: 00 PM. She also
asked that the costs be limited to $5.00 a day and $10.00 a day for special events.

Michael O'Leary said he was happy to be in the city. His group spent $5,000,000.00 on
property and are interested in working with the city during the development.

A motion to approve with the 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.
CASE 1746: ROBERT RUIZ, REVIEW BOARD OF ADJUSTMENT DECISION
Mr. Ruiz is seeking a variance from the provisions of Section 98-61 of the Deerfield
Beach Land Development Code in order to increase the size of an existing single-family
home which will result in maximum lot coverage of 41.9% (3,165 square feet) rather
than 35% (2,646 square feet) as allowed by Code. The property is described as Lot 18,
Block 2 of EASTWAY PARK, located at 1212 S. E. 10 th Terrace. This application was
previously approved by the Board of Adjustment on November 16, 2000.

A motion to approve 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.

DEER CREEK RACQUET CLUB DEVELOPMENT
The developer requested that the City Commission allow a mobile office/ clubhouse to
be erected prior to the construction of a new clubhouse/ condominium complex on the
site of the old Deer Creek Racquet Club.

Bill Gallo, on behalf of the applicant, asked if a sales trailer could be opened on the site
while the site plan was going through the approval process. The intention for the trailer
is to sell memberships to the tennis club and to use it as a sales trailer for the
townhouses. Of the 18 courts, six would be removed. The plan is to build 41
townhouses, a permanent clubhouse facility, a swimming pool, parking, and erect a wall
with appropriate landscaping.

Mayor Capellini said the first restriction would be to have landscaping shelter and
screen the construction area.

Mr. Gallo asked if the wall could be erected prior to construction for this purpose.
Mayor Capellini said the second restriction was that the developer's agreement would
only allow 41 townhouses.

Mr. Gallo said the site plan would look substantially like the conceptual drawing. It
contains a landscape wall with canopy trees along the wall. The townhouses all have
two and three bedrooms. The developer would like to begin operating the tennis courts
as soon as possible.

Mr. Barry Solomon, President Villa D'Este, had concerns about the condition of the
courts and what the clubhouse would contain.

Steve Riggin, 2770 Kelly Brook Lane, says the property is an embarrassment. Clay
courts are needed in Deerfield Beach. The tennis club could once again be a viable
entity. He asked the commission to look favorably on the proposal.
Paula Pazone, 3529 Palladium Circle, likes the proposal. The courts must be redone.
The construction must be handled in a timely fashion.

Harold Stein, 526 Wildwood, said the property could have 90 townhouses on it because
it is zoned RM-15. He is concerned that the mobile unit has not gone before the
Community Appearance Board. He does not think the city should rush through the
process.

Mayor Capellini said the proposal still had to go through the process.
The City Commission asked that the developer meet with City Landscaper Kathy Lloyd
for the approval of appropriate landscaping and fencing around the mobile unit and
construction site.

A motion to close public hearing was made by Commissioner Trinchitella 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 with the above stated conditions 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.

REQUEST AIRCRAFT NOISE REDUCTION
Due to the noise from aircraft using the Boca Raton Airport, the City Commission
requested Congress to amend the Airport Noise and Capacity Act of 1990. The
requested amendment would reduce noise from smaller aircraft.

RESOLUTION NO. 2000/ 178
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEERFIELD
BEACH REQUESTING THAT THE UNITED STATES CONGRESS AND THE
FEDERAL AVIATION ADMINISTRATION (FAA) ADOPT AN AMENDMENT TO THE
AIRPORT NOISE AND CAPACITY ACT OF 1990 TO PROVIDE THAT ALL NON-STAGE
3 DOMESTIC AND FOREIGN SUBSONIC TURBOJET AIRPLANES,
INCLUDING THOSE WEIGHING LESS THAN 75,000 POUNDS, BE PHASED OUT
OF SERVICE COMPLETELY BY JANUARY 1, 2005, OR AS SOON AS
REASONABLY POSSIBLE ON AN AGGRESSIVELY ACCELERATED SCHEDULE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING
AN EFFECTIVE DATE

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

PROPOSAL TO EXCHANGE PROPERTY WITH FREEDOM MARINE
The City Commission considered an exchange of property with Freedom Marine for
land contiguous to McKeithen Park.

Blake Harmon, representing Todd Littlejohn of Freedom Marine, advised the
commission that Mr. Littlejohn was interested in exchanging his parcel of 1.7 acres for
one owned by the city of .3 acres.

Commissioner Clarke-Reed said this would square things off at the park and permit the
improvements to move forward.

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.

Mayor Capellini left the dais at 10: 10 PM.
DEERFIELD BEACH MIDDLE SCHOOL MASTER PLAN
Director of Community Services Vincent Kendrick and C3TS requested authorization for
construction drawings to commence regarding the Deerfield Beach Middle School
master plan.

Mr. Terry Glunt, C3TS, explained the current configuration of the middle school's 14
acres. Meetings were held and the site plan presented was the one selected by
consensus. The use would be high density. He asked that the conceptual drawing be
approved and to allow the city to begin meetings with the community. The next phase
would be to draft construction drawings, meet with user groups and residents in the
area.

Commissioner Clarke-Reed said she was concerned about the pool and its costs.
Mr. Glunt replied that determining exactly what else was needed on the property would
allow for the calculation of costs, thus providing a figure as to what funds would be left
over for the pool. At a later date there would be public input.

A motion to approve was made by Commissioner Noland and seconded by
Commissioner Clarke-Reed. Roll call showed: YEAS: Commissioner Clarke-Reed,
Commissioner Noland, Commissioner Trinchitella, and Vice Mayor Shaddow. Nays:
None.
Mayor Capellini returned to the dais at 10: 13 PM.
RAPID ROLL-OFF SITE PLAN NON-COMPLIANCE
Sgt. Bruce Swift updated the City Commission on Rapid Roll-Off's (RRO) non-compliance
with its site plan. Rapid Roll-Off initially made reductions in the piles of
recyclable materials left outside, but once again the pile started to increase. Rapid Roll-Off
will be coming before the Code Enforcement Board on January 11, 2001 for a
hearing. Code Enforcement is working with the management and added sod. They
agreed to tree plantings.

Vice Mayor Shaddow asked if Rapid Roll-Off was going to ask the commission to
reconsider the condition of no outside storage.

City Manager Larry Deetjen replied that was his understanding and he anticipated this
request from Rapid Roll-Off.

Sgt. Swift said it appeared as though there would be no way for RRO to abide by the
restrictions and will probably ask for an amendment to the site plan.

Vice Mayor Shaddow explained the commission went out of its way to be business-friendly
and if RRO could not comply, they needed to find a different location. RRO
agreed to the restriction and proceeded to generate business in excess of what they
could handle within the restriction.

Sgt. Swift asked if the Code Enforcement Board should put its weight behind the
restrictions.

Commissioner Noland and Vice Mayor Shaddow replied yes.
CHANGE OF DATES FOR JANUARY 2001 CITY COMMISSION MEETINGS
The City Commission discussed changing the dates of the City Commission meetings in
January due to conflicts in schedules.

The dates were changed from January 2, 2001 and January 16, 2001 to January 9,
2001 and January 23, 2001.

The first vote took place at the beginning of the meeting and the second vote was taken
toward the end of the meeting.

A motion to change the January 2, 2001 meeting to January 9, 2001 was made by
Commissioner Noland and seconded by Vice Mayor Shaddow. Roll call showed: YEAS:
Commissioner Noland, Commissioner Trinchitella, Vice Mayor Shaddow, and Mayor
Capellini. Nays: None.
A motion to change the January 16, 2001 meeting to January 23, 2001 was made by
Commissioner Noland and seconded by Commissioner Clarke-Reed. Roll call showed:
YEAS: Commissioner Clarke-Reed, Commissioner Noland, and Mayor Capellini. Nays:
Commissioner Trinchitella and Vice Mayor Shaddow.

APPOINT MEMBER TO BOARD OF ADJUSTMENT
Commissioner Noland expressed concern about the need to fill vacancies on this board.
She recommended the new member's term to be for three years.

RESOLUTION NO. 2000/ 176

A RESOLUTION APPOINTING A MEMBER TO THE BOARD OF ADJUSTMENT
A motion to approve 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.

CONSULTANT PRESENTATIONS FOR WATERWAYS AND INDEPENDENCE BAY
TRAFFIC SIGNALS

McMahon Associates and Tinter Associates, Inc. made presentations regarding the
design, inspection and construction services they could provide for the traffic signals at
the Waterways and Independence Bay.

John DePalma, McMahon Associates, along with Bill Keith, Keith and Associates,
informed the commission that traffic signals were originally located at these two sites.
Due to storm conditions, the signals were relocated to other sites. Mr. McMahon and
Mr. Keith live in the area in questions. He presented the qualifications of the firm,
stating that they have worked with Martin, Indian River, Broward and Palm Beach
counties. The firm has 70 years of collective experience and 100 employees. They are
familiar with Deerfield Beach's staff and the Code. McMahon Associates worked on the
Cove Traffic Calming Plan.

Mayor Capellini left the meeting at 10: 25 PM.
Dennis Miller, Tinter Associates, Inc. came forward and stated his firm's qualifications.
He said they performed the same type of work in Dade, Broward, Martin, Indian River
and Palm Beach counties. He referenced the work they have done with the City of
Weston. The current signalization is a concrete pole. They would use a mast arm
assembly. There are inductive loops in the road that control the turn lane. They would
upgrade that to a microwave detection system.
Commissioners Noland and Clarke-Reed commented on the need for back-up
information in their agenda packets for items such as these.
A motion to approve McMahon Associates was made by Commissioner Trinchitella and
seconded by Commissioner Clarke-Reed. Roll call showed: YEAS: Commissioner
Clarke-Reed, Commissioner Noland, Commissioner Trinchitella, and Vice Mayor
Shaddow. Nays: None.

APPOINT MEMBER TO CIVIL SERVICE BOARD -FIRE/ RESCUE DEPARTMENT
RESOLUTION 2000/ 195
A RESOLUTION TO APPOINT A MEMBER TO THE CIVIL SERVICE BOARD -FIRE
DEPARTMENT

Vice Mayor Shaddow asked about the two different applicants that applied for this
appointment.

Commissioner Clarke-Reed clarified that the appointment was for the Fire/ Rescue Civil
Service Board.

Commissioner Noland added that the appointee must be a city resident and the second
applicant, William Ludwig, was a resident.

Vice Mayor Shaddow said it was her understanding that members of these boards could
be non-residents.

Commissioner Clarke-Reed said she questioned that too, but was informed that the
commission appointment does have to be a city resident.

Assistant City Attorney Charles Seaman commented that originally the appointees did
not have to be residents. However, in 1990 a charter amendment was adopted by
referendum and it became a requirement. Originally, the board was not created
pursuant to the charter.

Vice Mayor Shaddow asked if that change effected one specific board or all boards.
Mr. Seaman responded it included all boards, but prior to 1990 the civil service boards
were not included.

Vice Mayor Shaddow asked that this matter be tabled because there were too many
questions surrounding the issue that she wanted clarified. She continued that she had
concerns about a memo she received from the City Clerk about individuals who were
elected by the Fire Civil Service Board and wanted to see the results of the election.

City Clerk Felicia Bravo explained that the memo referred to the two individuals who
came forward to appear on the Fire Civil Service Board ballot. There were three
vacancies which needed to be filled via an employee election, one principal and two
alternate positions. Because only two people applied, both would be placed on the
board: one as a regular member and one as an alternate member. This was to be
determined by the electors of the Fire Civil Service Board (i. e. employees).

Vice Mayor Shaddow asked if only two people voted.
Ms. Bravo replied there were two candidates. The employees would decide which
candidate would be chosen as a regular member and which would be chosen as an
alternate member.

Vice Mayor Shaddow asked how these two candidates were selected.
Ms. Bravo responded a notice was sent to the Fire/ Rescue employees asking for
nominations. These two individuals came forward.

Vice Mayor Shaddow again asked for the process by which the two candidates were
elected and the results. She expressed deep concern over the quality of the candidates
and her reluctance to confirm the results of an election.

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

CONSENT AGENDA
PROHIBIT OFFSHORE FEEDING OF MARINE WILDLIFE
This item was taken out of order at the beginning of the meeting. Commissioner Clarke-Reed
had not yet arrived.

ORDINANCE NO. 2000/ 043
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD
BEACH CREATING A NEW SECTION OF THE CITY CODE PROHIBITING THE
FEEDING OF MARINE WILDLIFE IN PROXIMITY TO THE PUBLIC BEACH;
CONTAINING A PROVISION FOR INCLUSION IN THE CITY CODE; CONTAINING
A SEVERABILITY CLAUSE; CONTAINING AN EFFECTIVE DATE

A motion to set public hearing for January 9, 2001 was made by Commissioner Noland
and seconded by Vice Mayor Shaddow. Roll call showed: YEAS: Commissioner
Noland, Commissioner Trinchitella, Vice Mayor Shaddow and Mayor Capellini. Nays:
None.

CREATE FEE FOR TELECOMMUNICATION COMPANIES
ORDINANCE 2000/ 044
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD
BEACH, FLORIDA, CREATING A NEW SECTION 2-466 OF THE CITY CODE,
ASSESSING A FEE ON TELECOMMUNICATIONS COMPANIES THAT OCCUPY
MUNICIPAL RIGHTS-OF-WAY FOR TELECOMMUNICATIONS FACILITIES;
PROVIDING FOR WHEN PAYMENTS ARE DUE; PROVIDING FOR INTEREST;
PROVIDING FOR REVIEW OF RECORDS; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR AN EFFECTIVE DATE

A motion to set public hearing for January 9, 2001 was made by Commissioner Clarke-Reed
and seconded by Commissioner Noland. Roll call showed: YEAS: Commissioner
Clarke-Reed, Commissioner Noland, Commissioner Trinchitella, and Vice Mayor
Shaddow. Nays: None.

AMEND TREE PRESERVATION PROVISIONS
ORDINANCE NO. 2000/ 045
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD
BEACH AMENDING SECTION 98-81 OF THE CITY OF DEERFIELD BEACH CITY
CODE RELATING TO THE PROVISIONS OF THE TREE PRESERVATION
ORDINANCE; PROVIDING FOR INCLUSION IN THE CITY CODE; PROVIDING FOR
A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE

A motion to set public hearing for January 9, 2001 was made by Commissioner Clarke-Reed
and seconded by Commissioner Noland. Roll call showed: YEAS: Commissioner
Clarke-Reed, Commissioner Noland, Commissioner Trinchitella, and Vice Mayor
Shaddow. Nays: None.

REPEAL REQUIRING PROTECTIVE HEADGEAR FOR MOTORCYCLISTS
ORDINANCE NO. 2000/ 046
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD
BEACH REPEALING SECTION 66-2 OF THE CITY CODE RELATING TO
PROTECTIVE HEADGEAR FOR MOTORCYCLES

A motion to set public hearing for January 9, 2001 was made by Commissioner Clarke-Reed
and seconded by Commissioner Noland. Roll call showed: YEAS: Commissioner
Clarke-Reed, Commissioner Noland, Commissioner Trinchitella, and Vice Mayor
Shaddow. Nays: None.

APPOINT MEMBERS TO CULTURAL COMMITTEE
RESOLUTION NO. 2000/ 174
A RESOLUTION APPOINTING MEMBERS TO THE DEERFIELD BEACH CULTURAL
COMMITTEE

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, and Vice Mayor Shaddow. Nays:
None.

APPOINT MEMBER TO COMMUNITY APPEARANCE BOARD
RESOLUTION NO. 2000/ 175
A RESOLUTION APPOINTING MEMBERS TO THE DEERFIELD BEACH
COMMUNITY APPEARANCE BOARD

Gerald Ferguson, Director of Planning and Growth Management, asked that Denis
Tranchida be moved to the regular position and William Butte placed as an alternate.

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

APPOINT ALTERNATE MEMBER TO PLANNING AND ZONING BOARD
RESOLUTION NO. 2000/ 177

A RESOLUTION APPOINTING AN ALTERNATE MEMBER TO THE PLANNING &
ZONING BOARD

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, and Vice Mayor Shaddow. Nays:
None.

PURCHASE 20 DECORATIVE STREET LAMPS
RESOLUTION NO. 2000/ 196
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEERFIELD
BEACH AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO A
CONTRACT WITH BEST LIGHTING SUPPLY FOR THE PURCHASE OF TWENTY
DECORATIVE STREET LAMPS FOR THE N. E. FOCAL POINT SENIOR CENTER,
FOR A TOTAL COST OF $18,458.00, AND SPECIFYING THE FUNDS THEREFORE

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, and Vice Mayor Shaddow. Nays:
None.

CONTRACT AWARD TO COLONNA ASPHALT RESTORATION
RESOLUTION NO. 2000/ 180
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEERFIELD
BEACH AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO A
CONTRACT WITH COLONNA ASPHALT RESTORATION, INC. FOR PROJECT NO.
11003-P FOR ACCESS DRIVE TO WELL #18, FOR THE CONTRACT PRICE OF
$16,450.00, AND SPECIFYING THE FUNDS THEREFORE

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, and Vice Mayor Shaddow. Nays:
None.

CONTRACT AWARD TO MAN-CON, INC.
RESOLUTION NO. 2000/ 181
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEERFIELD
BEACH AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO A
CONTRACT WITH MAN-CON, INC. FOR PROJECT NO. 11022-P, FOR DRAINAGE
IMPROVEMENT -N. W. CORNER OF S. E. 10 STREET AND S. E. 10 TERRACE,
FOR THE CONTRACT PRICE OF $9,700.00, AND SPECIFYING THE FUNDS
THEREFORE

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, and Vice Mayor Shaddow. Nays:
None.

CONTRACT WITH ALTEC INDUSTRIES, INC.
RESOLUTION NO. 2000/ 182
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEERFIELD
BEACH AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO A
CONTRACT WITH ALTEC INDUSTRIES, INC. FOR THE PURCHASE OF ONE 2000
ALTEC MODEL AT35G, 35 FT AERIAL BUCKET TRUCK FOR THE PUBLIC
WORKS DEPARTMENT, IN ACCORDANCE WITH THE GENERAL SERVICES
ADMINISTRATIVE FEDERAL CONTRACT, #GS-30F-1028G, FOR THE PURCHASE
PRICE OF $63,500.00, AND SPECIFYING THE FUNDS THEREFORE

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, and Vice Mayor Shaddow. Nays:
None.

RENEW CONTRACT WITH BROWARD SHERIFF'S OFFICE
RESOLUTION NO. 2000/ 183
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEERFIELD
BEACH APPROVING THE RENEWAL OF AN AGREEMENT BETWEEN THE
SHERIFF'S OFFICE OF BROWARD COUNTY, FLORIDA AND THE CITY OF
DEERFIELD BEACH FOR POLICE SERVICES

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, and Vice Mayor Shaddow. Nays:
None.

CONTRACT WITH METRICOM, INC.
RESOLUTION NO. 2000/ 184
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEERFIELD
BEACH AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT
WITH METRICOM, INC., TO LEASE A PORTION OF THE WATER TOWER, AS
SUBSTANTIALLY SET FORTH IN THE ATTACHED AGREEMENT, SUBJECT TO
APPROVAL OF TERMS AND FORM BY THE CITY MANAGER AND THE CITY
ATTORNEY

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, and Vice Mayor Shaddow. Nays:
None.

ROADWAY MAINTENANCE AGREEMENT WITH FLORIDA DEPARTMENT OF
TRANSPORTATION

RESOLUTION NO. 2000/ 185
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEERFIELD
BEACH AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AN
AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR
HIGHWAY LIGHTING FOR STATE ROAD 845 (POWERLINE ROAD) FROM
SAMPLE ROAD TO S. W. 10TH STREET TO BE CONSTRUCTED BY THE FLORIDA
DEPARTMENT OF TRANSPORTATION UNDER STATE PROJECT NO. 86065-3511
W. P. I. NO. 4110765

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, and Vice Mayor Shaddow. Nays:
None.

AUTHORIZE GRANT APPLICATIONS FOR VARIOUS COMMUNITY SERVICES
PROJECTS

RESOLUTION NO. 2000/ 191
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEERFIELD
BEACH AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPLY
FOR A CHALLENGE GRANT IN THE AMOUNT OF $500,000 FOR VARIOUS
WESTSIDE PARK IMPROVEMENTS

RESOLUTION NO. 2000/ 192
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEERFIELD
BEACH AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPLY
FOR A CHALLENGE GRANT IN THE AMOUNT OF $500,000 FOR RENOVATION
AND CONSTRUCTION OF A MULTI-FIELD SPORTS COMPLEX AT THE DEERFIELD
BEACH MIDDLE SCHOOL

RESOLUTION NO. 2000/ 193
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEERFIELD
BEACH AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPLY
FOR A CHALLENGE GRANT IN THE AMOUNT OF $500,000 FOR
CONSTRUCTION OF A MULTI-PURPOSE COMMUNITY CENTER AND DOCK AT
PIONEER PARK

RESOLUTION NO. 2000/ 194
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEERFIELD
BEACH AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPLY
FOR A SWIM CENTRAL GRANT IN THE AMOUNT OF $1,500,000 FOR THE
CONSTRUCTION OF A POOL COMPLEX AT THE DEERFIELD BEACH MIDDLE
SCHOOL
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, and Vice Mayor Shaddow. Nays:
None.

AUTHORIZE EXPENDITURE FROM BEAUTIFICATION TRUST FUND
RESOLUTION NO. 2000/ 188
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEERFIELD
BEACH DIRECTING THE EXPENDITURE OF FUNDS IN THE AMOUNT OF
$40,000 FROM THE BEAUTIFICATION TRUST FUND FOR THE ADDITION OF
130 FOXTAIL PALMS IN THE AREA OF S. E. 6TH AVENUE, S. E. 7TH AVENUE,
S. E. 5TH COURT, S. E. 4TH STREET, AND S. E. 7TH STREET, AND THE ADDITION
OF 30 FOXTAIL AND QUEEN PALMS IN THE AREA OF S. E. 14TH STREET, S. E.
14TH DRIVE, S. E. 14TH COURT, AND S. E. 17TH TERRACE

Commissioner Clarke-Reed inquired about the maintenance agreements on these
projects. The residents of District 2 were required to sign maintenance agreements.
She expects this same requirement for these projects as well.

City Manager Larry Deetjen informed Commissioner Clarke-Reed that these residents
were required to provide irrigation and the annual upkeep of the trees.

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

DONATE TWO SURPLUS VEHICLES
RESOLUTION NO. 2000/ 189
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEERFIELD
BEACH AUTHORIZING THE DONATION OF TWO SURPLUS VEHICLES, ONE
1975 SQUAD TRUCK AND ONE 1970 BRUSH TRUCK, TO THE MCALPIN
VOLUNTEER FIRE DEPARTMENT

Commissioner Noland stated that the Toys for Tots truck was a squad truck. She asked
that the brush truck be given to McAlpin and the squad truck be given to the Firefighters'
Association. The association agreed to repair and maintain the squad truck and use it
for Santa Claus and Toys for Tots. Santa Claus is now on a large fire truck and he is
too high up in the air.
Fire/ Rescue Chief Gary Lother came forward to advise the commission that the squad
truck was no longer safe and it was difficult to acquire the parts for repair. If it is given
to the [Firefighters'] Benevolent Association, then a hold harmless agreement should be
executed. It has not been in service for 10 to 15 years.

Vice Mayor Shaddow asked why we were donating it.
Fire Chief Lother answered that the McAlpin was in an area susceptible to brush fires
and McAlpin believes they can obtain the parts.

Commissioner Trinchitella asked why this matter was brought before the City
Commission. It should have been mediated between the Fire Chief, the union and the
City Manager.

Fire Chief Lother reiterated his concern about the safety of the vehicle.
The matter was informally referred back to the City Manager for resolution.
PAYMENT TO FLORIDA DEPARTMENT OF TRANSPORTATION
RESOLUTION NO. 2000/ 190
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEERFIELD
BEACH AUTHORIZING PAYMENT OF THE SUM OF $10,370.00 FOR RELEASE
OF THE PUBLIC PURPOSE RESTRICTION ON A PORTION OF PROPERTY
INITIALLY CONVEYED TO THE CITY OF DEERFIELD BEACH, SAID PROPERTY
BEING LOCATED ALONG I-95, FOR THE PURPOSE OF LOCATING A STEALTH
ANTENNA

Commissioner Clarke-Reed asked what was going to be transferred.
City Manager Deetjen replied that this action was being taken after the fact. A stealth
antenna is in place. The city receives a payment in the of $25,000.00 and it is located
in the State Farm House parking lot. The city entered into a lease with State Farm,
which the FDOT approved. It was then brought up that this was not a public purpose
and FDOT would like a payment for the land. The city signed an agreement with ATT
stipulating that in the event the state decided it was not a public purpose, we would be
reimbursed for the cost. It is a one-time cost.

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

INVESTMENT POLICY AND INTERNAL CONTROLS CERTIFICATION
Acknowledgement by City Commission that the Finance Director reviewed and certified
the investment policy and procedures.

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, and Vice Mayor Shaddow. Nays:
None.

ADMINISTRATIVE ACTIONS AND CITY MANAGER COMMENTS
DEERFIELD BEACH HISTORICAL SOCIETY REQUESTS FUNDING

City Manager Deetjen stated that during the budget process, the City Commission told
the historical society that they could apply for CDBG funds. The federal government
advised the city that this was not an appropriate use of the funds, thereby making the
historical society ineligible. The historical society requested $35,000.00, which could be
taken from the contingency fund of the general fund. Currently there is $80,000.00 in
that budget for the entire year.

A motion to approve funding to the Deerfield Beach Historical Society in the amount of
$35,000.00 was made by Commissioner Trinchitella and seconded by Commissioner
Clarke-Reed. Roll call showed: YEAS: Commissioner Clarke-Reed, Commissioner
Noland, Commissioner Trinchitella, and Vice Mayor Shaddow. Nays: None.

COMMENTS BY MAYOR AND COMMISSIONERS
DUMPSTER AT THE BEACH
Commissioner Noland is disgraced by the condition of the dumpster at the beach. She
would like the concrete enclosure painted. She asked for $5,000.00 to have it painted,
although she believed it would cost less.

Commissioner Clarke-Reed asked that the project be given to the Deerfield Beach High
School art students.

Commissioner Noland agreed.
BSO TRAFFIC ENFORCEMENT AT TIVOLI PARK
Commissioner Noland informed the commission that in October the Tivoli Park Master
Association requested BSO traffic enforcement. The paperwork was lost and the
master association was told they could not have this matter go before the City
Commission until January.
Mr. Deetjen said he had a recent request by Tivoli Park Master Association requesting
these services. He asked that this matter be placed on the January agenda because
the December meeting was so lengthy.

TEEN CENTER BUDGET
Vice Mayor Shaddow asked the City Manager to review the Teen Center budget. The
teens have met with the parents. The teens would like money spent on a better disc
jockey and were told there is not any money in the budget for this.

PUBLIC TO BE HEARD
Doug Watler wished the City Commission and residents a safe and happy holiday.

ADJOURNMENT
The meeting was adjourned at 11: 00 PM.

ALBERT R. CAPELLINI, P. E., MAYOR
Attest:

FELICIA M. BRAVO, CITY CLERK