REGULAR MEETING OF THE CITY OF DEERFIELD BEACH

CITY COMMISSION

 Tuesday, January 9, 2001,  7:00 P.M.

 

The meeting was called to order at 7:08 P.M. by Mayor Capellini on the above date in the City Commission Room, City Hall.

 

Roll Call showed:

           

            Present:                      Commissioner Gwyndolen Clarke-Reed

                                    Commissioner Peggy Noland

                                    Commissioner Amadeo Trinchitella

Vice Mayor Kathy Shaddow

Mayor Albert Capellini, P.E.

           

 

Also Present:             City Attorney Andrew Maurodis

                                    City Manager Larry Deetjen

City Clerk Felicia Bravo

 

INVOCATION AND PLEDGE OF ALLEGIANCE

 

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

 

APPROVAL OF MINUTES

 

Special Meeting of the Commission - January 9, 2001

Regular Meeting of the Commission - January 9, 2001

 

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

 

ACKNOWLEDGEMENT OF BOARD MINUTES

           

None

 

PRESENTATIONS

 

COMMUNITY IMPROVEMENT VIDEO

 

A short video about the mulching of Christmas trees, the new inline skating rink at Pioneer Park, and West Water Plant expansion construction.

 

PROCLAMATION - NORTHEAST FOCAL POINT'S 20TH ANNIVERSARY

 

Nancy Reichenbach thanked the City Commission for the proclamation and the community for their support over the past 20 years.  She introduced her staff and the board of directors for CASA, Inc., which is the fundraising arm of the organization.

 

YOUTH AUTOMOTIVE TRAINING CENTER GROUNDBREAKING

 

Mayor Capellini announced today was the groundbreaking of the Youth Automotive Training Center (YATC).  JM Family Enterprises backs this organization and commits numerous resources to it.  Several hundred people attended the event.

 

WRITTEN REQUEST TO ADDRESS THE COMMISSION

 

None

 

PUBLIC HEARINGS CHANGE OF USE

 

None

 

PUBLIC HEARINGS

 

PROHIBIT OFFSHORE FEEDING OF MARINE WILDLIFE

 

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

 

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

 

Mayor Capellini announced that this item needed to be tabled in order to comply with legal advertising statutes and to allow the diving industry to be heard.  He recommended February 6, 2001 for the public hearing.

 

Motion to table until February 6, 2001 was made by Commissioner Noland and 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.

 

CREATE FEE FOR TELECOMMUNICATION COMPANIES

 

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

ORDINANCE NO. 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

 

Mayor Capellini announced that this item needed to be tabled in order to comply with legal advertising statutes.  He recommended January 23, 2001 for the public hearing.

 

Motion to table until January 23, 2001 was made by Commissioner Noland and 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.

 

AMEND TREE PRESERVATION PROVISIONS

 

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

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

 

Mayor Capellini announced that this item needed to be tabled in order to comply with legal advertising statutes.  He recommended January 23, 2001 for the public hearing.

 

Motion to table until January 23, 2001 was made by Commissioner Noland and 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.

 

REPEAL REQUIRING PROTECTIVE HEADGEAR FOR MOTORCYCLISTS

 

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

 

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

 

Mayor Capellini announced that this item needed to be tabled in order to comply with legal advertising statutes.  He recommended January 23, 2001 for the public hearing.

 

Motion to table until January 23, 2001 was made by Commissioner Noland and 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.

 

QUASI-JUDICIAL HEARINGS

 

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

 

APPLICATION 00-I-74, LEDDS ENTERPRISES BY DANIEL MANCINI

 

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

 

Application 00-I-74, Ledds Enterprises by Daniel Mancini

 

To construct a 49,440 square-foot office/warehouse building at 1601 Green Road.

 

Gerald Ferguson, Director of Planning and Growth Management, said it met all departmental requirements.  It was approved by the Community Appearance Board and the Planning and Zoning Board. 

 

Mr. Daniel Mancini agreed with Mr. Ferguson's statement.

 

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 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.

 

GENERAL ITEMS

 

BSO TRAFFIC ENFORCEMENT IN TIVOLI PARK

 

RESOLUTION NO. 2001/001

                                                              

A  RESOLUTION OF  THE  CITY  COMMISSION  OF  THE  CITY  OF  DEERFIELD BEACH APPROVING  AN AGREEMENT WITH TIVOLI MASTER  ASSOCIATION FOR ENFORCEMENT  OF TRAFFIC CONTROL ON PRIVATE  OR LIMITED ACCESS ROADS

 

Commissioner Clarke-Reed stated that other associations that requested BSO traffic enforcement had to comply with requirements put forth by the City and BSO.

 

Commissioner Noland asked if the resolution could be passed contingent upon the association meeting those requirements.

 

Commissioner Clarke-Reed responded that approval should be conditioned upon the submittal of documents evidencing that the requirements were met.

 

Robert Dallin, Tivoli Park Master Association, informed the city commission that there was correspondence between the city and the association.  All of the requirements set forth by the city have been met and the proper documentation sent to the city.  It was his understanding that the only left to do was to execute an agreement.

 

Commissioner Clarke-Reed asked if they had a traffic study conducted.

 

Mr. Dallin stated at no time was he informed that one was needed.

 

City Manager Larry Deetjen interjected that a traffic study certified by an engineer is always warranted in these situations.  In 1997, information was given to the association by BSO indicating that a traffic study was needed.

 

A motion to approve if all of BSO's requirements were met, including proper signage and a traffic study, 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.

 

AGREEMENT WITH RUBIN GROUP

 

RESOLUTION NO. 2001/002

                                                            

A  RESOLUTION  OF  THE  CITY COMMISSION  OF  THE  CITY  OF   DEERFIELD  BEACH,  FLORIDA, APPROVING  AN  AGREEMENT  WITH   THE   RUBIN  GROUP  FOR  REPRESENTATION  OF  THE  CITY  OF   DEERFIELD  BEACH  BEFORE  THE  FLORIDA LEGISLATURE FOR THE   2001  CALENDAR  YEAR, WITH AN EFFECTIVE DATE OF JANUARY 1,  2001

 

Commissioner Clarke-Reed asked what the fee was.

 

Mr. Deetjen replied it was $5,000.00 per month, which was the same as last year.

 

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

 

CONSENT AGENDA

 

AMENDING BOAT LIFT REGULATIONS

 

ORDINANCE NO. 2000/033

                                                              

AN  ORDINANCE  OF  THE  CITY  COMMISSION  OF THE CITY OF      DEERFIELD BEACH  AMENDING  SECTION 98-87 (c) OF THE CITY OF  DEERFIELD  BEACH  LAND  DEVELOPMENT CODE RELATIVE TO BOAT LIFTS; REVISING REQUIREMENTS REGARDING THE DISTANCE A BOAT LIFT MAY EXTEND OVER CERTAIN WATERWAYS; PROVIDING FOR INCLUSION  IN  THE LAND DEVELOPMENT CODE;  PROVIDING FOR A  SEVERABILITY  CLAUSE;  PROVIDING FOR AN EFFECTIVE  DATE

 

A motion to set the public hearing for January 23, 2001 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.

 

AMENDING POLICE PENSION

 

ORDINANCE NO. 2001/002

 

AN ORDINANCE AMENDING SECTION 54-106 OF THE DEERFIELD BEACH CITY CODE; PROVIDING FOR NORMAL RETIREMENT UPON THE COMPLETION OF TWENTY YEARS OF SERVICE OR AGE 47 WITH TEN YEARS OF SERVICE ONCE THE PLAN HAS BEEN CLOSED TO NEW MEMBERS FOR TEN YEARS; FURTHER AMENDING SECTION 54-106 TO DELETE THE 60 DAY WRITTEN NOTICE REQUIREMENT; PROVIDING A SOURCE OF PAYMENT FOR THE LOWER RETIREMENT AGE NOT FUNDED BY THE CITY; PROVIDING A SEVERABILITY CLAUSE;  PROVIDING AN EFFECTIVE DATE.

 

A motion to set the public hearing for January 23, 2001 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.

 

CONTRACT WITH DUVAL FORD

 

RESOLUTION NO. 2001/003

                                                                  

A  RESOLUTION OF  THE  CITY  COMMISSION  OF  THE  CITY  OF     DEERFIELD  BEACH  AUTHORIZING THE PROPER CITY OFFICIALS TO     ENTER INTO A  CONTRACT WITH DUVAL FORD FOR THE PURCHASE OF     ONE SUPER DUTY  PICKUP  TRUCK AND ONE 14 FOOT CUBE VAN FOR      THE DEPARTMENT  OF  ENGINEERING AND UTILITIES, FOR A TOTAL      COST OF $47,509.00, AND SPECIFYING THE FUNDS THEREFORE

 

A motion to approve 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.

 

CONTRACT WITH COMPAQ COMPUTER CORPORATION

 

RESOLUTION NO. 2001/004

                                                           

A  RESOLUTION OF  THE  CITY  COMMISSION  OF  THE  CITY  OF DEERFIELD  BEACH  AUTHORIZING  THE  CITY  TO  ENTER INTO A  CONTRACT WITH  COMPAQ  COMPUTER CORPORATION FOR SERVICE TO THE COMPUTER SYSTEM  EQUIPMENT AT THE WEST WATER PLANT FOR A PRICE OF $15,744.00

 

A motion to approve 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.

 

CONTRACT WITH WOOL WHOLESALE PLUMBING

 

RESOLUTION NO. 2001/005

                                                                                                                              

A  RESOLUTION  OF THE  CITY  COMMISSION  OF  THE  CITY  OF    DEERFIELD  BEACH  APPROVING A CONTRACT WITH WOOL WHOLESALE     PLUMBING  FOR  THE  PURCHASE  OF  BACKFLOW  PREVENTERS AND     PRESSURE   VACUUM   BREAKERS  FOR  USE  BY  THE  UTILITIES     MAINTENANCE DIVISION, AS PER THE SPECIFICATIONS, TERMS AND     CONDITIONS OF THE CITY OF DEERFIELD BEACH BID #2000/01#01, FOR THE PURCHASE PRICE OF $50,000.00

 

A motion to approve 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.

 

AUTHORIZATION OF LEASE AGREEMENT WITH IBM CREDIT CORPORATION

 

RESOLUTION 2001/006

 

A RESOLUTION OF THE CITY OF DEERFIELD BEACH CITY COMMISSION AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A 36-MONTH TERM LEASE SUPPLEMENT WITH IBM CREDIT CORPORATION FOR THE ACQUISITION OF COMPUTER EQUIPMENT THROUGH MIDRANGE SUPPORT AND SERVICES, INC., AN IBM BUSINESS PARTNER AND SALES AGENT

 

A motion to approve 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.

 

EXECUTE PURCHASE AGREEMENT WITH B'NAI B'RITH

 

RESOLUTION NO. 2001/007

                                                            

A  RESOLUTION  OF  THE  CITY  COMMISSION  OF  THE  CITY OF  DEERFIELD  BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER OR  MAYOR  TO  EXECUTE  A  PURCHASE CONTRACT AND ALL NECESSARY  DOCUMENTS  FOR  THE  PURCHASE  OF  A PORTION OF TRACT "A",  B'NAI  B'RITH SENIOR CITIZENS PLAT, WHICH PROPERTY IS MORE  PARTICULARLY DESCRIBED ON THE ATTACHED EXHIBIT "A" 

       

A motion to approve 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.

 

RENEW CONTRACT WITH G & K SERVICES

 

RESOLUTION NO. 2001/008

                                                             

A  RESOLUTION OF  THE  CITY  COMMISSION  OF  THE  CITY  OF   DEERFIELD BEACH APPROVING THE RENEWAL OF A CONTRACT WITH G  & K SERVICES  FOR  AN  ADDITIONAL TWO YEAR PERIOD, FOR THE  PURCHASE OF  UNIFORM  RENTAL SERVICE, UNDER THE SAME TERMS  AND CONDITIONS  OF  THE  CITY OF HOLLYWOOD BID #F-3568-TF, FOR  THE   TOTAL   ESTIMATED   ANNUAL  CONTRACT  PRICE  OF $56,000.00

 

A motion to approve 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.

 

ADMINISTRATIVE ACTIONS AND CITY MANAGER COMMENTS

 

DEERFIELD BEACH INTERNATIONAL FISHING PIER FIRE

 

City Manager Larry Deetjen described the damage caused by the fire on the pier.  City administration wants to move quickly to repair the damage; however, some changes need to be made to the pier's design to make it less susceptible to vandalism and other crime.  Electrical service, water fountains and the ability to clean with a pressure hose would be available. Mr. Deetjen presented a conceptual drawing of the changes and asked the city commission to approve them.

 

Commissioner Clarke-Reed asked if the vending machine and a telephone would still be available to the fishermen.

 

Mr. Deetjen responded that electricity would still be available on the pier, as well as a telephone and vending machines if required.

 

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

 

COMMENTS BY MAYOR AND COMMISSIONERS

 

FORT RIVERBEND CONSTRUCTION

 

Commissioner Noland announced that additional work still needed to be done at Fort Riverbend.  The finishing touches for the grand opening on January 20th.

 

DR. MARTIN LUTHER KING, JR. CELEBRATION

 

Commissioner Clarke-Reed invited everyone to the weekend's festivities, which include a carnival and a parade in the Westside Park area.  Dr. Edwin Hamilton is the guest speaker.

 

DUMPSTER AT THE BEACH

 

Michelle Langlois, a daughter of a city employee, is painting the dumpster for community service hours and has done a remarkable job.  Commissioner Noland invited everyone to see her art work.

 

PUBLIC TO BE HEARD

 

Ginger Alverez, North Broward Citizens' Action Group, stated that Atlantic Industrial (gas/oil storage tanks) is thinking of locating off of Dixie Highway near the environmental site.  The location's proximity to the Hillsboro Water Plant is of concern.  She asked the city commission to support group in this effort.  She stated that her group met with Broward County Commissioner Kristin Jacobs.  Each association has filed complaints and letters of support from Hillsboro Beach and Broward County Parks and Recreation Division were sent.  Commissioner Jacobs informed the group the night before that the county was denying the permits, but Ms. Alverez did not know on what basis.  Commissioner Jacobs told the group that the county could not prevent them from developing the property in accordance with uses permitted in a M-3 district as the property is zoned.

 

Mayor Capellini stated that the property should have been rezoned because of its proximity to the environmental site.  The contour lines for draw-downs around wellfields demand it.  The city would be happy to support the association with a letter to the county.

 

Vice Mayor Shaddow added that phone calls from the commission might be helpful as well.

 

ADJOURNMENT

 

The meeting was adjourned at 7:43 PM.

 

 

 

 

                                                                       

                                                             ALBERT R. CAPELLINI, P.E., MAYOR

 

 

Attest:

 

 

 

 

FELICIA M. BRAVO, CITY CLERK