REGULAR MEETING OF THE CITY OF DEERFIELD BEACH

CITY COMMISSION

 Tuesday, February 6, 2001 at 7:00 P.M.

 

The meeting was called to order at 7:07 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 AmadeoTrinchitella

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 Pastor Nathaniel Knowles, Emmanuel Christian Center, followed by the Pledge of Allegiance to the flag.

 

APPROVAL OF MINUTES

 

            Regular Meeting of the Commission – January 23, 2001

Special Meeting of the Commission – January 29, 2001

 

A motion to approve the minutes 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.

 

ACKNOWLEDGEMENT OF BOARD MINUTES

           

1.      Board of Adjustment – December 21, 2000

2.      Development Review Committee – December 14, 2000

 

The Commission acknowledged the above board minutes.

 

PRESENTATIONS

 

COMMUNITY IMPROVEMENT VIDEO

 

A short video was shown of the city employees at various departments and locations throughout the City of Deerfield Beach. Children were shown enjoying the new Fort Riverbend Playground as well. The video recapped the previous year’s happenings.

 

PROCLAMATION FOR EDWARD KASSAB

 

Mayor Capellini said a few words about Mr. Kassab and mentioned that he has been involved in this city about 40 years and was a great man. Mayor Capellini read the proclamation. Mr. Kassab’s company also designed the 75th Anniversary logo with no cost to the city, which the city will continue to use for many years.

 

Commissioner Noland mentioned that Stainless, which Mr. Kassab founded, was a great asset to this community and a big contributor to the Fort Riverbend Playground project. Commissioner Clarke-Reed agreed and added that he was also a large contributor to the Boys and Girls Club.

 

Rob Kassab thanked the commission and said all of the above mentioned projects were fun projects to do and his father was always ready, willing and able to put back into the community. He enjoyed an excellent relationship with everyone in the community. Rob introduced his brother Tom to speak a few words.

 

Tom said his father brought the business to Deerfield Beach from Detroit Michigan in 1969. He could have chosen anywhere but after researching the area selected Deerfield Beach. They have created jobs for approximately 200 people. His father loved Deerfield Beach and will be missed.

 

Mayor Capellini stated that Edward Kassab will be missed. 

 

CERTIFICATE OF APPRECIATION FOR MAUREEN KENNY

 

Mayor Capellini introduced Maureen Kenny and read the proclamation. He announced that he thinks the area in which the trees were planted is beautiful.

 

Maureen Kenny stated that she could not have accomplished the work without Commissioner Noland and City Manager Larry Deetjen. She also thanked May Johnson of Hampton Gardens for her help and contributions.

 

MR. JOHN PISULA OF THE STATE FARM GOOD NEIGHBOR HOUSE DISCUSSED UPCOMING EVENTS.

 

Mayor Capellini introduced Mr. John Pisula. Mr. Pisula thanked the commission and stated that after watching the video he is reminded why he loves working in Deerfield Beach although he lives in Davie. He showed a short video without the sound to show upcoming events. “Our House” is built to withstand a category 4 hurricane without the need for hurricane shutters. The walls and roof are built to withstand a minimum category 5 hurricane. Dr. William Grey will visit Tuesday, February 12, 2001 from 11:00 A.M. to about 2:00 P.M. at the Good Neighbor House. Deerfield Beach was chosen for the Good Neighbor House because of being dedicated to resisting hurricanes. On February 20, 2001 Bill Markham’s office will be available to fill out papers for homestead exemption. On March 3rd there will be a free barbecue and open tour.  Also the fire department will be doing child seat safety checks.

 

MAYOR CAPELLINI INTRODUCED DEERFIELD BEACH BOTTLED WATER/FIRST EDITION FOR FOUNDERS’ DAY

 

Mayor Capellini says the Deerfield Beach bottled water is a collector’s item and will be available at the Founders Day celebration.

 

MAYOR CAPELLINI DISCUSSED BOCA AIRPORT ISSUE

 

Mayor Capellini updated the audience regarding the flight patterns at Boca Raton Airport. He and City Manager Larry Deetjen met with the FAA officials and the people who control the flight patterns in Washington D.C. to discuss the situation and they promised to look into it. Their next step is to meet with some of the flight controllers at Boca Raton Airport to see if they would direct the planes around Deerfield Beach rather than over the populated areas.

 

MAYOR CAPELLINI ADVISED THE ASH BARGE WAS DENIED ACCESS

 

Mayor Capellini announced that the Governor had repealed his order to have the ash disposed of in Broward County.

 

MAYOR CAPELLINI ANNOUNCED WELLFIELDS DENIED

 

Hillsboro Beach had asked to have the support of the city commission to not site the Atlantic Industrial Facility near the wellfields of Hillsboro Beach, which turned out successful.

 

WRITTEN REQUEST TO ADDRESS THE COMMISSION

 

            None

 

 

 

 

PUBLIC HEARINGS – CHANGE OF USE

 

FREDDY’S DRIVING SCHOOL

 

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

 

Freddy’s Driving School

 

Change of Use from retail store (Rose Uniform of Florida) to driving school at 2227 West Hillsboro Boulevard.

 

Jerry Ferguson says we do not have parking regulations that govern this type of facility, so they chose a vocational school for the purposes of determining number of parking spaces needed. They need a total of 45 parking spaces; currently ten spaces are allocated, and are requesting a technical parking deviation for 35 spaces. Classes will be held in the evening when other businesses will not be in operation.

 

The applicant said the classes would be held in the evenings and on the weekends.

 

Mayor Capellini stated this shopping center is crowded. Applicant stated classes would be on Monday and Saturdays. Mondays will be after 5:00 and Saturday in the afternoon.

 

Vice Mayor Shaddow stated that Rose Uniform requires 7 parking spaces, the new business will require 45. There are 3 employees for the driving school. This is for classroom only not driving. The driving is taught at their location on Oakland Park.

 

A motion to close the public hearing 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.

 

Motion to deny was made by Commissioner Trinchitella.

 

Commissioner Clarke-Reed stated Jerry Ferguson said there is no parking regulations governing this type of school, he used a vocational school for this purpose, but this is definitely not a vocational school. The applicant claims that they only expect about 20 students and no driving will be taught.

 

Vice Mayor Shaddow concedes the point but still believes that the plaza is already too crowded and agrees with Commissioner Trinchitella to deny.

 

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

 

Mayor Capellini suggested the shopping center where the Sports Ticket is located.

 

 

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 said no videos would be permitted and a fifteen-minute time limit will be imposed.

 

Bob Harris, 301 S. Bruno # 200, Tallahassee, Florida. This is a 30-year activity. He feels that the commission does not have jurisdiction to pass this ordinance. The State Wildlife Commission will take action on this in May. Regarding the Garcia case, it basically says that you create a liability for yourselves. However, Mr. Harris states that is not the case when you go off the coast and allow citizens to partake in an activity on their own. He is concerned with the lack of facts the commission is basing their decision on. One in three hundred million would be the odds of getting bitten by a shark anywhere in the world. That calculates to six times the chance of winning the Florida lottery. The odds of being bitten are .000000167 on any given day. More people are killed by bee stings, alligator bites, cat and dog bites.  The average person is 150 times more likely to being struck by lightening than being bitten by a shark. Shark fatalities, worldwide, are about 7 ½ per year. There are over 300 shark feeding sites in the world.  There has not been one incident of a shark attack reported in 30 years. Sharks do not leave the shark feeding sites and attack sunbathers. Chumming attracts sharks; such is done off of the fishing pier. Pompano Beach, when presented with the issue, determined that first of all they did not have jurisdiction, then looked to see if they had a problem. What they found was there really had not been a problem. The other side is trying to create fear by distributing flyers that are not true.

 

John Stewart of Dive Market International, 3951 N. Haverhill Road Ste. 215, West Palm Beach, Fl. has been diving around the world for over 31 years. He has been full time in the industry for 25 years. Mr. Stewart works closely with the Bahaman Government and diving association. The activity the commission is trying to band has been safely performed for over 30 years around the world. The Bahamas is one example and considered by everyone in the diving industry to be the shark diving capital of the world. They have been offering shark dives for over 27 years. Shark experts agree that sharks do not perceive humans as a food resource. If the shark does not find food they leave. Also they are not a threat to snorkelers or swimmers that are near the shark feeding sites. From 1973 through 2000 there were no reports of shark bites to swimmers within one nautical mile of shark feeding sites. During the same period there were over 240,000 divers that participated in shark dives in the Bahamas with a total of 8 bite incidences.  Statistically that makes shark diving safer than bowling or playing tennis.

 

Professor Ray McAllister, 4850 N.E. 28 Ave., Lighthouse Point, Fl. has been scuba diving for 49 ½ years and have fed marine wildlife in approximately 20 places including Deerfield Beach. Professor McAllister is appalled at the lack of information. Sharks will possibly “mouth” a surfer but will not attack because he does not taste right.  Shark diving in his opinion is safe. The propaganda being passed around is lies.

 

Commissioner Noland held up a book and asked if Professor McAllister published the book, which he sells in the dive shop. He replied yes.

 

Greg Holt, Scuba Radio, 4650 Tiffany Woods, Olvito, Fl. has been studying shark feeding issues for the past year and ½ to see if there is a problem. They have determined it is not. He asked everyone to stand who could attest that there are no problems with shark feeding.

 

Mayor Capellini asked everyone standing that were not residents of Deerfield Beach to please take a seat.

 

Mr. Holt then stated that this is not a Deerfield Beach issue. When an ordinance such as this is issued it has a rippling effect to other cities. The facts point out that there is more fish being put off the pier than any shark dive operation ever could. 

 

Steve Dipuso, Scuba Network, 199 North Federal Highway, Deerfield Beach understands there are concerns as with any other sport. Over the past 4 years he has put thousands of people on these dives and has never had an incident. He is concerned that the commission is banning something they do not really know about. He is also concerned with the economic effects of passing this ordinance. He suggests that we wait on the decision of the state before passing the ordinance.

 

Dave Kaplan, Hollywood, Florida dives in this area. He expressed that he has dived for 30 years and watched the industry progress. The industry is developing guidelines.

 

Spencer Slate, 51 Garden Gate Drive, Key Largo, Florida states over one million divers visits Key Largo alone. He personally has taken over 50 thousand people on dive excursions. Marine life feeding attracts thousands of people to Florida each year.  There is currently no intention of banning marine life feeding in the Florida Keyes.

 

Manny Quigg, P O Box 432117 ,Big Pine Key, Florida of Extreme Contact, a television show. They teach education rather than fear. The more you know the more you understand and therefore have less fear. If you take away the feeding you take away the education and research. They have worked with almost every type of shark known to Florida. When the food supply is gone the sharks leave the area.

 

Linda Woodhouse, 1003 S.E. 5th Court, of Deerfield Beach is a scuba instructor. She has taken many students to these feeding sites and it is every educational. It changes people’s perception of sharks and they no longer fear “Jaws”. She is a member of the Pompano Beach Rotary Club and has taken a group of people to the shark-feeding site. This included young children. People were diving off the boat after the shark feeding and the sharks did not accost them.

 

Bruce Paul, 525 N. Ocean Boulevard, Pompano Beach is a long time diver in this area. He has no financial interest in the dives; he is interested only in the environment. He feels it is not fair to the animal to feed it.

 

Ken Guinsine, 159 NW 70 Street, Boca Raton shared a story about a dive that happened in the Deerfield Beach area and was attacked by an eel. He required seven stitches. He feels that attack victims do not get allot of attention.

 

Jeff Terrode, 23141 Lyons Road, Boca Raton, owns and operates South Florida Diving Headquarters and president of the Greater Ft. Lauderdale Dive Association.  He is the person in question regarding the shark feedings. He would like to address a few things stated by the opposition. We should stop the destruction of marine life and embrace it. We should be going after the shark killers rather than the feeders.  Are we worried about eels and stingrays dragging people off the beach? What are we accomplishing by passing this ordinance? Shark attacks usually occur in murky water and is simply mistaken identity.

 

Bill Longstreth, 911 SE 16 Street, Deerfield Beach, has been a scuba diver since 1970. He has been spear fishing for most of that time. He has noticed over the last 6 or 7 years eels becoming more aggressive. He is in favor of the ban.

 

Louise Albright, 8597 Via Julia, Boca Raton, was on a marine feeding with Jeff and watched his hand go down the mouth of an eel. The fact that he was a trained individual and knew not to pull his hand out is what saved him from possibly loosing a hand. She feels there are more attacks by eels since shark feeding has been around.

 

Conrad Mix of 1313 S. Deerfield Ave., Deerfield Beach is opposed to the feeding of all wildlife.

 

Bob Diamond 1332 SE 7 Street, Deerfield Beach, believes it is common sense to ban the feeding of sharks. He collected 3,000 signatures in the Deerfield Beach area opposed to shark feeding.

 

Bruce Hermille, 25 SE 2 Avenue, Miami, Florida, an attorney speaking on the behalf of the Marine Safety Group which is a non profit organization. Scientific opinion shows that their studies show conclusively that when animals are fed by humans that their behavior changes. Mr. Hermille defends the state of Florida and explained that the Garcia Case teaches us that any governmental agency that is aware of a situation that can cause harm can be held liable. The organization commends the commission for taking the steps to ban shark feeding.

 

Randolph Gosnell 4733 SW 11 Court, Plantation, Florida has been diving and fishing in this area for 30 years. From past experience his opinion is to stop the feeding now before someone is hurt.

 

Donna Albert, 2066 North Ocean Boulevard, Boca Raton, an attorney in Fort Lauderdale, defending cases of insurers in the dive industry. Personally in 15 years she has never had a lawsuit involving the feeding of marine wildlife.  There is no additional premium for this activity in connection with this industry.

 

Deana White,  Pembroke Pines, Florida, and a member of the Animal Rights of Florida. She has been observing wildlife her entire life. She feels there is no correlation between feeding a bear and feeding a shark. Her opinion is that it is not dangerous to feed sharks. She is not in opposition of shark feeding.

 

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.

 

 

 

Commissioner Trinchitella asked if they are going to vote on the ordinance tonight, how do they consider the information given them tonight.

 

Mayor Capellini said Deerfield Beach is only one mile long and does not think passing this ordinance will have that great of an impact on the diving industry. It is a two-part risk, the first part is: what is the probability of someone getting bitten by a shark, second part is: how serious is it if someone does get bitten. The commission represents the community and their welfare so the only thing they can do is pass the ordinance. If we waited for the state, we would have tons of ash in our incinerators, our citrus trees would have been cut down, we would have 3,000,000 cubic yards of sand taken off our beach.  If we wait on the state to take action someone could, in the meantime, get bitten by a shark. Mayor Capellini is in favor of passing the ordinance. 

 

Commissioner Noland stated she brought this ordinance to the commission because of some of the information she received. We are not banning shark feeding anywhere except Deerfield Beach. The people who spoke in favor of it are paid to speak in favor of it. Her concern is the people of the community.

 

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

 

QUASI-JUDICIAL HEARINGS

 

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

 

City Attorney Andrew Maurodis asked the applicant if he would like to waive his rights to a quasi-judicial hearing.

 

Stephanie Toothacher-Walker, representative for the applicant, waived the right.

 

APPLICATION 00-B1-153 AND CASE # 1752, MOGERMAN, O’LEARY & PATEL III, INC. BY PRAKASH PATEL

 

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

 

Application 00-B1-153 and Case # 1752, Mogerman, O’Leary & Patel III, Inc. by Prakash Patel.

 

Continued from January 23, 2001. To demolish an existing gas station and construct an 11,599 square-foot restaurant; AND seeking CONDITIONAL USE approval as provided in Section 98-53 (c) (p) of the Deerfield Beach Land Development Code to allow outdoor seating in excess of twelve for a restaurant at 300 North Ocean Boulevard.

 

Jerry Ferguson says the proposed restaurant is consistent with the community redevelopment plan. There were issues with parking spaces that have since been resolved and approved by the Community Appearance Board and is being recommended to be approved by the Planning & Zoning Board. It has been approved with conditions regarding parking. The parking lot across the street will be providing parking spaces for the restaurant but is 30 spaces short of the code requirements. A Developers Agreement is necessary for parking deviation.

 

Andrew Maurodis stated the building permit is contingent on the Developer providing an agreement, to acknowledge parking agreements to insure appropriate parking, to the city attorney’s office and must be recordable.

 

Commissioner Noland asked if there was a way that 30 parking places could be accommodated by any other facilities across the street.

 

Stephanie Toothacher-Walker, representative for the applicant, stated that the location for the proposed restaurant is where the gas station has just been torn down. She presented various renditions of the proposed restaurant depicting a Key West style.

 

Andrews Maurodis stated, for the record, that the city is requesting a binding agreement regarding the parking.

 

They will need a technical deviation for parking. The parking will be valet parking at a cost of $2.00. There are 70 spaces across the street, which belong to Mogerman, O’Leary and Patel III, Inc. that will be available for parking for the restaurant. Rates will be between $2.00 and $5.00.

 

Commissioner Noland asked if the 30 spaces located in the glass building be used at night until the parking lot is completed. Her question was addressed to Mike O’Leary.

 

Mr. O’Leary replied that the 70 remaining spaces are not to be dedicated to anyone. They will be open to the public for use during week end and evening hours.

 

Ms. Toothacher-Walker stated highest traffic would be at night. If the parking spaces are tied to the restaurant they could only be used for the restaurant.

 

Mr. O’Leary does not want to block out anyone, including establishments such as Whales Rib, etc.

 

Craig Powers, 333 N. Ocean Boulevard, was asked by the Board to relay to the commission they are in support of the restaurant.

 

Marty McGeary, 1442 SE 6 Street, asked if they did not need the extra outdoor seating would they still need the extra parking spaces.

 

Vice Mayor Shaddow explained when you have a technical deviation for parking anywhere in the city they have to put a certain amount of money in a reserve fund until parking is provided per code.

 

Ms. McGeary is concerned that parking is a problem on the beach.

 

Commissioner Noland stated, at night, parking is not a problem.

 

James Higgins, 325 NE 20 Avenue, lives across the street from the parking lot. He is in favor of the restaurant and looks forward to the improvement of the neighborhood.

 

Mr. Kendall, 612 NE 20 Avenue, sees the improvement already and supports the restaurant 100%.

 

Vivian Jeffers, 401 N.E. 19 Avenue, asked about a pathway to the beach. She asked why the city did not buy the gas station as planned

 

Larry Deetjen advised the commission that he hopes to come before the commission in late March, having negotiated a purchase agreement for the walkway Ms. Jeffers is referring to.

 

 

 

Mayor Capellini said there are several lots that are not for public use, but is private property. The Ranch House, Howard Johnson’s, and the proposed restaurant being built, to name a few, is all private property. They are nice enough to let the public enjoy the beach.  

 

Mr. O’Leary stated all tanks and lines have been removed from the property completely. There is a minor contamination that is in the ground water. They are part of a state program that will be starting soon to have that cleaned up.

 

Ms. Jeffers said we loose parking every time something is done at the beach. She feels more business and restaurants will mean we will loose more parking

 

Mayor Capellini asked if she means that we should not have rebuilt the pavilion and should have left the gas station where it was.

 

Ms. Jeffers said the roof has been fine for years. She complained there is no drain in the bathrooms (for house keeping).

 

Commissioner Noland said there are sanitary reasons why the drains could not be built.

 

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 with the stipulation that there will be $6,000 per parking space and the glass building across the street be kept open at night for additional parking, and seconded by Commissioner Trinchitella. Roll call showed: YEAS: Commissioner Clarke-Reed, Commissioner Noland, Commissioner Trinchitella, Vice Mayor Shaddow, and Mayor Capellini. NAYS: None.

 

CASE NO. 1753 AND CHANGE OF USE – MATTHEW E. MCDERMOTT

 

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

 

Case No. 1753 and Change of Use – Matthew E. McDermott

 

Seeking conditional use approval as provided in Section 98-55  ( c ) (2) of the Deerfield Beach Land Development Code to allow fabrication of granite and marble countertops; AND seeking change of use approval from assembling/machine shop (Florida Precision Aerospace, Inc.) to a fabrication operation at 98 S. E. 7th Street.

 

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.

 

CASE NO. 1754 AND CHANGE OF USE, SIR WINSTON’S RESTAURANT BY WINSTON G. HENRY

 

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

 

Case No. 1754 and Change of Use, Sir Winston’s Restaurant by Winston G. Henry

 

Seeking a variance from the provisions of Section 98-92 (b) of the Deerfield Beach Land Development Code in order to expand a legal non-conforming use, specifically, to expand an existing restaurant which is located in a B-3 zoning district; AND seeking change of use approval for said restaurant expansion to occupy space previously used as a beauty parlor at 107 S. E. 10th Street.

 

Jerry Ferguson said this has always been a restaurant but Sir Winston’s wants to expand into the next bay, formerly a beauty salon. There is not a parking problem.

 

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

 

REVIEW BOARD OF ADJUSTMENT DECISION – CASE #1749: BRAD AND BETH WALTER

 

Seeking a variance from the provisions of Section 98-61 of the Deerfield Beach Land Development Code in order to allow a garage addition to an existing single-family home which will be located 15 feet from the front property line rather than 25 feet as required by Code. The property is described as Lot 9, Block 39 of THE COVE 2ND SECTION, located at 1510 S.E. 8th Street (Approved 12/21/00).

 

Commissioner Noland said it was approved with restrictions. She has no problem with approving if they go along with the Board’s recommendations.

 

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.

 

APPROVAL OF FUNDING RECOMMENDATIONS FOR CDBG PROGRAM

 

RESOLUTION 2001/024

                                                                  

A  RESOLUTION OF  THE  CITY  COMMISSION  OF  THE  CITY  OF      

DEERFIELD  BEACH  AUTHORIZING  THE  CITY  MANAGER  OR  HIS      

DESIGNEE  TO  MAKE  APPLICATION  WITH  THE  BROWARD COUNTY      

COMMUNITY DEVELOPMENT  BLOCK GRANT PROGRAM FOR GRANT FUNDS FOR LEGAL AID  OF  BROWARD  COUNTY,  INC.,  FOR A TOTAL OF      

$5,000.00,  AND   AUTHORIZING  THE  CITY  MANAGER  OR  HIS      DESIGNEE TO  APPLY  FOR  COMMUNITY DEVELOPMENT BLOCK GRANT      

FUNDS FOR THE BROTHERLY LOVE SOCIAL SERVICES, INC.  IN THE      

AMOUNT OF $28, 580.00, AND AUTHORIZING THE CITY MANAGER OR      

HIS DESIGNEE TO  APPLY  FOR  GRANT  FUNDS FOR THE DOYLE P.      

SCOTT CHARITY HOPE,  INC. IN THE AMOUNT OF $29,920.00, AND      

AUTHORIZING THE CITY  MANAGER OR HIS DESIGNEE TO APPLY FOR      

GRANT FUNDS  FOR  THE DEERFIELD BEACH HOUSING AUTHORITY IN

THE AMOUNT OF $25,000.00  

 

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.

 

AUTHORIZATION FOR CITY MANAGER TO EXECUTE AGREEMENT WITH BROWARD COUNTY FOR FIRST TIME HOMEBUYERS AGREEMENT

 

RESOLUTION NO. 2001/025

                                                               

A  RESOLUTION OF  THE  CITY  COMMISSION  OF  THE  CITY  OF   

DEERFIELD BEACH AUTHORIZING  THE  PROPER CITY OFFICIALS TO   

ENTER INTO  AN AGREEMENT WITH BROWARD COUNTY TO ADMINISTER   

A COMMUNITY  DEVELOPMENT  BLOCK  GRANT  PROGRAM  AWARD  OF   

$30,000.00 FOR THE FIRST TIME HOMEBUYERS PROGRAM             

 

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.

 

 

AUTHORIZATION FOR CITY MANAGER TO EXECUTE AGREEMENT WITH BROWARD COUNTY FOR THE REALIGNMENT OF MLK AT HILLSBORO BOULEVARD

 

RESOLUTION NO. 2001/027

                                                               

 A  RESOLUTION OF  THE  CITY  COMMISSION  OF  THE  CITY  OF   

 DEERFIELD BEACH AUTHORIZING  THE  PROPER CITY OFFICIALS TO   

 ENTER INTO AN AGREEMENT WITH BROWARD COUNTY TO ADMINISTER   

 A COMMUNITY  DEVELOPMENT  BLOCK  GRANT  PROGRAM  AWARD  OF   

 $91,000.00  FOR  THE PARTIAL FUNDING OF THE REALIGNMENT OF   

 MARTIN LUTHER KING AND HILLSBORO INTERSECTION                

                                                               

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.

 

 

WAIVER OF INTERIM SERVICE FEES

 

Request to waiver interim service fees for Ms. Dorothy Edwards in the amount of $482.41.

 

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.

 

 

 

CONSENT AGENDA

 

Commissioner Noland asked for an explanation on resolution 2001/023. She is concerned that employee’s should be aware this is their retirement pension.

 

Larry Deetjen explained that there are two deferred plans. The 401, which does permit loans, and the 457 which does not.  He has spoken with Marva Gordon, Human Resources Director, and they both agree that employees will receive counseling before loans are made.

 

There was general discussion among the commissioners as to the perception employees will have over being able to borrow against their 457. Counseling was recommended by all.

 

REAPPOINT MEMBER TO SCHOOL ADVISORY BOARD

 

RESOLUTION NO. 2001/019

                                                                      

A   RESOLUTION  RE-APPOINTING A MEMBER  TO  THE DEERFIELD BEACH SCHOOL ADVISORY COMMITTEE

                                                                      

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

 

APPOINT MEMBER TO THE CULTURAL COMMITTEE

 

RESOLUTION NO. 2001/020                                                                   

                                                                    

A RESOLUTION APPOINTING A MEMBER TO THE DEERFIELD BEACH  CULTURAL COMMITTEE

 

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

 

CONTRACT WITH MATVEST, INC. (DBA BERMAX, INC.)

 

 

RESOLUTION NO. 2001/021

                                                                

A  RESOLUTION OF  THE  CITY  COMMISSION  OF  THE  CITY  OF   

DEERFIELD BEACH  APPROVING  THE RENEWAL OF A CONTRACT WITH   

MATVEST,  INC.  D/B/A  BERMEX,  INC.  FOR  CONTRACT  WATER   

METER  READING   SERVICES   AT   AN  APPROXIMATE  COST  OF   

$124,000.00, AND SPECIFYING THE SOURCE OF FUNDS THEREFORE    

 

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

 

CONTRACT WITH ALLIED UNIVERSAL CORPORATION FOR USE OF LIQUID CHLORINE BY ENGINEERING AND UTILITIES IN THE AMOUNT OF $100,000.00

 

RESOLUTION NO. 2001/022

                                                               

A  RESOLUTION OF  THE  CITY  COMMISSION  OF  THE  CITY  OF   

DEERFIELD  BEACH  AUTHORIZING THE PROPER CITY OFFICIALS TO   

ENTER INTO A RENEWAL  OF  THE  ANNUAL CONTRACT WITH ALLIED   

UNIVERSAL CORPORATION FOR  THE PURCHASE OF LIQUID CHLORINE   

FOR USE BY THE WATER TREATMENT PLANT DIVISION, PURSUANT TO   

THE TERMS AND CONDITIONS  OF THE CITY OF CORAL SPRINGS BID   

#00-C-54, FOR A  TOTAL COST OF $100,000.00, AND SPECIFYING   

THE FUNDS THEREFORE                                          

 

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

 

AUTHORIZE AMENDMENT TO CITY’S SECTION 457 DEFERRED COMPENSATION PLAN

 

RESOLUTION 2001/023

 

A RESOLUTION OF THE CITY OF DEERFIELD BEACH, FLORIDA, CITY COMMISSION AUTHORIZING THE AMENDMENT OF THE CITY’S SECTION 457 DEFERRED COMPENSATION PLAN TO PERMIT LOANS TO PLAN PARTICIPANTS

 

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

 

CONTRACT WITH MCMAHON ASSOCIATES, INC. FOR TRAFFIC SIGNAL DESIGN AND PERMITTING, CITY PROJECT # 11019-P

                                                               

RESOLUTION NO. 2001/026

                                                                

A RESOLUTION  OF  THE  CITY  COMMISSION  OF  THE  CITY  OF  

DEERFIELD  BEACH  AUTHORIZING THE PROPER CITY OFFICIALS TO  

ENTER  INTO  A  CONTRACT WITH MCMAHON ASSOCIATES, INC. FOR  

PROJECT  NO.   11019-P,  FOR  TRAFFIC  SIGNAL  DESIGN  AND  

PERMITTING AT  THE  INTERSECTIONS  OF S.W. 10TH STREET AND  

WATERWAYS BOULEVARD  AND S.W. 10TH STREET AND INDEPENDENCE  

DRIVE                                                       

 

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

 

ADMINISTRATIVE ACTIONS AND CITY MANAGER COMMENTS

 

 

Mayor Capellini would like to appoint some people to a couple of the boards. He wants Ludwig appointed to the Civil Service Board.

 

Commissioner Clarke-Reed asked to have these issues addressed on the next agenda.

 

Mayor Capellini said Art Kamm expressed an interest for being on one of the boards and his suggestion is for the Housing Authority Board. They would like to discuss Civil Service, Housing Authority and Planning & Zoning Boards at the next meeting.

 

 

None

 

 

 

COMMENTS BY MAYOR AND COMMISSIONERS

 

Mayor Capellini announced groundbreaking at the Jones’ Professional Building on Friday at 10:00.

 

Commissioner Noland reminded that Founders Day starts February 15th. Festivities run through the 18th.

 

Commissioner Clarke-Reed brought to the attention of the commission that the boards can not remove anyone from the board without the consent of the commission since they did not appoint that person to the board. If there is a need to remove someone from the board they must go through the proper channels and leave it to the commission to remove that person from the board.  Also, to let the commission know she has been chosen to be a participant in the Vision 2010 Broward Millennium Summit. It is a two-day summit and if there are any issues that any of the commissioners would like brought up let her know before the week-end.

 

Vice Mayor Shaddow announced a block party on Saturday in Deer Run sponsored by the City in response to a graffiti problem that they were having in the neighborhood park. Karen Van Matre suggested they get crime watch activated in the community.

 

 

PUBLIC TO BE HEARD

 

ADJOURNMENT

 

The meeting was adjourned at 

 

 

 

 

                                                                       

                                                             ALBERT R. CAPELLINI, P.E., MAYOR

 

 

Attest:

 

 

 

 

Anissa Brathwaite, Deputy City Clerk