REGULAR MEETING OF THE CITY OF DEERFIELD BEACH
Tuesday March 6, 2001 at 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
Vice Mayor Kathy Shaddow
Mayor Albert Capellini, P.E.
Also Present: City Attorney Andrew Maurodis
Finance Director Dave Bok
Acting City Clerk Lynn Barnes
Absent: Commissioner AmadeoTrinchitella
City Manager Larry Deetjen
The invocation was offered by Pastor George Bowles, Bread of Life Christian Center, followed by the Pledge of Allegiance to the flag.
Regular City Commission Meeting minutes of February 20, 2001
A motion to approve the minutes was made by Commissioner Noland and was seconded by Commissioner Clarke-Reed. Roll Call: YEAS: Commissioner Clarke-Reed, Commissioner Noland, Vice Mayor Shaddow, and Mayor Capellini. NAYS: None.
COMMUNITY IMPROVEMENT VIDEO
There was a short video about the Marina One Dedication and the newly painted “artistic” dumpsters. The video also showed the Hillsboro Commons construction.
Mayor Capellini announced he had received a notice of a public hearing from the Department of Environmental Protection regarding the Pompano Power Plant for March 26, 2001 at 7:30 p.m. at Pompano Beach Civic Center in the Banquet room.
DON FREEDLAND TO DISCUSS TRASH RECEPTACLES TO PROMOTE RECYCLING ON THE BEACHES
Don Freedland distributed brochures of the proposed trash containers for possible use at the beach and bus stops. Currently there are nine containers being used in a pilot program which requires dumping every four weeks and will save on manpower. He suggested advertising on the containers to help in the funding of the containers. The cost would be $100.00 per month to the business that is advertising.
Mayor Capellini requested that the legal department advise if this is allowable.
The cost of the container is $1100.00.
Commissioner Clarke-Reed and Mayor Capellini suggested these containers would be nice to have at the bus stops as well.
MAYOR CAPELLINI PRESENTED CERTIFICATES OF APPRECIATION TO PEOPLE WHO HELPED WITH THE MARINA ONE DEDICATION.
Carlos Baia thanked all those that participated in the Marina One Dedication. Certificates were presented to Ed Smith of Coral Cadillac (not present), Jackie Harrison of Marina One (not present), Estell Gravois, Deerfield Beach High School Band, Ron Ruback, Mitigation Coordinator, Janyce Becker, Chamber of Commerce, Jan Muenzenmier and Barbara Miller of Parks and Recreation.
BRAD CHALKER PRESENTED CERTIFICATES OF APPRECIATION TO GUY GAMACHE AND MAYOR CAPELLINI ON BEHALF OF THE CUB SCOUTS PACK 119.
Mr. Chalker presented, along with the Cub Scout troop, Firefighter Guy Gamache a certificate of appreciation for assisting with first aid training, and to Mayor Capellini for inviting them to tour a construction site and assisting them achieving their engineering pin.
KATHY LLOYD SPOKE OF TREE CITY USA AND TREE CITY USA GROWTH AWARD
Ms. Lloyd announced that the City of Deerfield Beach won the Tree City USA award for the eleventh consecutive year, as well as the Tree City USA Growth award, which is hard to achieve. Only 472 communities in 44 states were recipients of this award. She also stated that a grant was awarded this past year and was used to publish a tree manual with information on tree care and maintenance.
Commissioner Noland asked Ms. Lloyd to explain what was happening with the 6th Avenue project. Ms. Lloyd explained that due to the drought this program has been postponed until June 1, 2001. Notices will be sent out.
Commissioner Clarke-Reed asked Ms. Lloyd to also explain that the irrigation in district two is being held up because of the drought. Ms. Lloyd agreed that is the case.
RON RUBACK TO ANNOUNCE GRANT FOR CERT TRAINING.
Mr. Ruback was absent from the meeting. Mayor Capellini announced that the City of Deerfield Beach has received a $21,000 grant for CERT Training.
WRITTEN REQUEST TO ADDRESS THE COMMISSION
JEAN CLAY, DEERFIELD BEACH HIGH SCHOOL REGARDING HOSA FUNDS.
Brooke Pascar, President, HOSA (Health Occupation Students of America), stated that they are lacking approximately $4,000 to attend the state seminar.
Mayor Capellini asked, if the commission made a motion to offer $3,000 could they raise the other $1,000. He then offered to contribute $100.00 himself.
Commissioner Noland made a motion to give $3,000 to HOSA, it was seconded by Vice Mayor Shaddow. Roll Call: YEAS: Commissioner Clarke-Reed, Commissioner Noland, Vice Mayor Shaddow, and Mayor Capellini. NAYS: None.
ESTELL GRAVOIS, BAND DIRECTOR FOR DEERFIELD BEACH HIGH SCHOOL REGARDING “SPIRIT OF THE BUCKS” BAND PROGRAM.
Ms. Gravois announced that the Deerfield Beach High School band received an invitation to attend the American Musical Salute in Washington D.C.. The American Musical Salute is a celebration of 225 years of the signing of the Declaration of Independence. The cost of the trip is $40,000. She said that the band lost their largest source of fund raising, which was the Rotunda. She outlined a list of fundraisers the band sponsored which raised $20,000, however, they requested additional financial support from the Commission.
Mayor Capellini said the Commission could assist by raising funds from the outside. And said between himself and Commissioner Trinchitella they could raise approximately $5,000. The Commission made a motion to donate $10,000.
Vice Mayor Shaddow made a motion to contribute $10,000, it was seconded by Commissioner Noland. Roll Call: YEAS: Commissioner Clarke-Reed, Commissioner Noland, Vice Mayor Shaddow, and Mayor Capellini. NAYS: None.
DALE ALLEN, CHAIR PERSON FOR THE SCHOOL ADVISORY COMMITTEE, REGARDING STUDENT PARTICIPATION IN THE TESTING MANDATED BY STATE LEGISLATURE AND THE BROWARD COUNTY SCHOOL BOARD.
Mr. Allen and Vice Chairperson Brenda Rahming acknowledged the hard work the students have shown preparing for the FCAT Testing. They encouraged the students to keep up the good work and also stressed the importance to the parents to have their children prepared. They also encouraged the parents to make sure that their children get plenty of rest, eat a good breakfast and be on time and attendance during testing.
Ms. Rahming stated that the FCAT started in the 1990’s. This year testing will commence on March 12th through the 18th and is mandatory by the State that all students 3rd through 10th grade take the test. She also distributed handouts that explained everything information regarding the FCAT testing.
Commissioner Clarke-Reed explained that it was her wish to have Mr. Allen and Ms. Rahming address the FCAT testing to emphasize the importance of the test. Because those wishing to locate to our community look at the education system. Schools, both private and public, are closely examined and therefore, she emphasized the importance of students attendance during testing.
ANDREW PRATT, REGARDING COMMISSION APPROVAL OF DATES FOR THE MANGO FESTIVAL.
Mr. Pratt announced that the Mango Festival tentative dates are June 15, 16, and 17, 2001. He said that June 15th is the kick off night which will consist of a banquet. They are expecting about 80,000 in attendance during the festival. He requested the Commissioners approval of the times as follows: 9:00 a.m. to 10:00 p.m. on Saturday, and 12:00 p.m. to 8:00 p.m. on Sunday. Mr. Pratt also asked to have the fees waived.
Commissioner Noland made a motion to approve the dates and was seconded by Commissioner Clarke Reed. Roll Call: YEAS: Commissioner Clarke-Reed, Commissioner Noland, Vice Mayor Shaddow, and Mayor Capellini. NAYS: None.
Commissioner Noland stated that she previously requested that new businesses be required to upgrade their landscaping. And requested that the landscaping on SW 1st Way be improved.
Commissioner Clarke-Reed stated that “Help Me Howard” has suggested that municipalities grant businesses reasonable time to comply, due to the drought, when asking for landscaping improvements.
Vice Mayor Shaddow stated that there had recently been a site plan approval for a business expansion located behind the 7-Eleven and landscaping was not a consideration and should have been. She suggested that a condition on the approval be made.
City Attorney Andrew Maurodis stated that, where applicable, the language could be added regarding the stipulations for the landscaping. The Change of Use applications for F1, F3 and F7 shall have the stipulations regarding landscaping.
Mr. Allen Burrows, First Strike Fulfillment, Inc. (F7), stated that his area of business is all paved and furthermore, he does not own the building.
Mayor Capellini advised it is the owners responsibility to upgrade the landscaping.
Commissioner Noland suggested possibly placing plants in pots near the entrance of the building.
Mr. Burrows stated that it would be very difficult to comply with the landscaping requirements due to the dumpsters and the overhang on the building.
Vice Mayor Shaddow suggested that some type of greenery be placed at said location and recommended that the matter be tabled until a solution is reached.
Mr. Burrows stated that they also have had problems with theft.
MCBRIDE RESOURCES & ASSOCIATES
Mayor Capellini opened the floor for discussion on McBride Resources & Associates and advised this is a public hearing
Mayor Capellini advised that this is a quasi judicial in nature and anyone who wishes to testify must be sworn in. He advised that Case No. 1757, Change of Use for a private school in a B-1 zoning district was legally advertised in the Sun Sentinel newspaper.
City Attorney Andrew Maurodis placed all individuals under oath.
Seeking CONDITIONAL USE approval to allow a private school in a B-1 zoning district. Specifically, the school will provide classes in CPR, first aid, and continuing medical education to practitioners; AND also seeking CHANGE OF USE approval for same (previous use: sales) 230 South Powerline Road.
Louis Garcia, owner of Medical Continuing Education, explained that they offer training seminars for health care professionals, CPR, first aid, etc. that would be held in the class room.
A motion to approve based on the afore mentioned condition was made by Vice Mayor Shaddow and seconded by Commissioner Noland. Roll Call: YEAS: Commissioner Clarke-Reed, Commissioner Noland, Vice Mayor Shaddow, and Mayor Capellini. NAYS: None.
RESOLUTION NO. 2001/034
A RESOLUTION APPOINTING REGULAR MEMBERS TO THE HOUSING AUTHORITY BOARD.
There was no discussion on this item.
A motion to approve Resolution 2001/034 was made by Commissioner Clarke-Reed and seconded by Vice Mayor Shaddow. Roll Call: YEAS: Commissioner Clarke-Reed, Commissioner Noland, Vice Mayor Shaddow, and Mayor Capellini. NAYS: None.
APPOINT MEMBER FROM ALTERNATE TO REGULAR MEMBER ON THE CODE ENFORCEMENT BOARD
RESOLUTION NO. 2001/035
A RESOLUTION APPOINTING A REGULAR MEMBER TO THE CODE ENFORCEMENT BOARD
There was no discussion on this item.
A motion to approve Resolution 2001/035 was made by Vice Mayor Shaddow and seconded by Commissioner Noland. Roll Call: YEAS: Commissioner Clarke-Reed, Commissioner Noland, Vice Mayor Shaddow, and Mayor Capellini. NAYS: None.
ENTER INTO A CONTRACT WITH NEDERMAN SYSTEMS FOR A VEHICLE EXHAUST REMOVAL SYSTEM FOR FIRE STATION NO. 2
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH AUTHORIZING THE CITY TO ENTER INTO A CONTRACT WITH NEDERMAN SYSTEMS FOR A VEHICLE EXHAUST REMOVAL SYSTEM FOR FIRE STATION #2, FOR A TOTAL PRICE OF $19,178.58
Mayor Capellini stated that he is in favor of the proposed item with the stipulation that the air conditioning system, within this station, ducts are changed. He also recommended that sheet metal ducts be installed.
Andrew Maurodis, City Attorney, recommended that the motion include instructing the City Manager to have the ductwork changed.
Motion to approve Resolution 2001/036 was made by Vice Mayor Shaddow and was seconded by Commissioner Noland. Roll call showed: YEAS: Commissioner Clarke-Reed, Commissioner Noland, Vice Mayor Shaddow, and Mayor Capellini. NAYS: None.
There was no discussion on this item.
Motion to approve Resolution 2001/037 was made by Vice Mayor Shaddow and was seconded by Commissioner Noland. Roll Call: YEAS: Commissioner Clarke-Reed, Commissioner Noland, Vice Mayor Shaddow, and Mayor Capellini. NAYS: None.
Commissioner Clarke-Reed requested that this item be tabled because she is uncertain where these buses are going. She requested that this matter be reviewed prior to approving the resolution.
Vice Mayor Shaddow agreed with Comr. Clarke-Reed.
Motion to table Resolution 2001/038 was made by Commissioner Clarke-Reed and was seconded by Commissioner Noland. Roll Call: YEAS: Commissioner Clarke-Reed, Commissioner Noland, Vice Mayor Shaddow, and Mayor Capellini. NAYS: None.
There was no discussion on this item.
Motion to approve Resolution 2001/039 was made by Vice Mayor Shaddow and was seconded by Commissioner Noland. Roll Call: YEAS: Commissioner Clarke-Reed, Commissioner Noland, Vice Mayor Shaddow, and Mayor Capellini. NAYS: None.
RESOLUTION NO. 2001/040
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH, FLORIDA, APPROVING AN ESSENTIALLY BUILT-OUT AGREEMENT FOR THE NEWPORT CENTER DEVELOPMENT OF REGIONAL IMPACT WITH DANIEL S. CATALFUMO AND THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
There was no discussion on this item.
Motion to approve Resolution 2001/040 was made by Vice Mayor Shaddow and was seconded by Commissioner Noland. Roll Call: YEAS: Commissioner Clarke-Reed, Commissioner Noland, Vice Mayor Shaddow, and Mayor Capellini. NAYS: None.
RESOLUTION NO. 2001/041
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 2001 FORD E-250 CARGO VAN FOR THE FACILITIES MAINTENANCE DIVISION, FOR A TOTAL COST OF $19,006.00, AND SPECIFYING THE FUNDS THEREFORE
There was no discussion on this item.
ADMINISTRATIVE ACTIONS AND CITY MANAGER COMMENTS
Andrew Maurodis, City Attorney - B'nai B'rith - Mr. Maurodis provided the Commission with a draft agreement with B’nai B’rith on the transfer (exchange) of property regarding YATC and the condition of the soil. He said that the City is receiving a parcel of property valued at $104,000 and B’nai B’rith is receiving a parcel of property valued at $40,000. The City is under an obligation to insure that the soil, from a geotechnical standpoint, can hold a building. Furthermore, that we would remove any trash and environmental contaminates from the site so that the soil may be compacted. He advised that there is a maximum financial cost of $120,000.00 as a worse case scenario if the contaminates cannot be removed from the site or the necessary measures cannot be met to insure the property can withstand a building. He said that the funds would come from B’nai B’rith.
Kiernan Moylan, attorney for the Youth Automotive Training Center, stated that the city has presented that there are no environmental concerns regarding this property.
Derrick Green, Assistant to the City Manager, stated that Keith and Schnars and Nutting Engineers were hired as geotechnical consultants to insure that the site could hold the construction of a building.
Motion to authorize the City Attorney to proceed with the preparation of the agreement was made by Commissioner Clarke-Reed and was seconded by Commissioner Noland. Roll Call: YEAS: Commissioner Clarke-Reed, Commissioner Noland, Vice Mayor Shaddow, and Mayor Capellini. NAYS: None.
COMMENTS BY MAYOR AND COMMISSIONERS
Comr. Noland - Animal Control - Comr. Noland said she is reviewing the possibility of creating an ordinance to control dogs that bite.
Mayor Capellini stated that the City is growing and that within the next year the City should consider hiring an animal control officer.
Vice Mayor Shaddow asked if the County would reimburse the City if it hires an animal control officer.
Mayor Capellini replied that it is possible however the matter should be reviewed.
Second Avenue - Comr. Noland requested the status of having 2nd Avenue renamed Ed Dietrich.
Vice Mayor Shaddow – Pavex Site Review - Vice Mayor Shaddow requested the status of Pavex’s site plan review as well as the burning rubber and the odor.
Mayor Capellini recommended that the recycling plant issue be addressed as well.
Vice Mayor Shaddow said that the entire corridor is out of control.
Sgt. Bruce Swift, Code Enforcement, stated that Rapid Roll Off have never been in compliance and are presently being cited a $100.00 per day fine and that it is Code Enforcement’s intent to lien the property. He said Pavex was given 45 days to comply and the fines started only a few days ago.
Commissioner Clarke-Reed stated that a $100.00 a day fine is not sufficient and will not get their attention.
Mayor Capellini said even if they relocated out of the city, and liens are placed on the property, the city would incur the cost of the clean up.
City Attorney Andrew Maurodis stated if the property is liened there would be other liens against them as well. And said that he will review the matter to see what action can be taken.
Vice Mayor Shaddow asked for clarification on the Pavex situation.
Sgt. Swift stated Bitcom, a subsidiary of Pavex, have applied for their occupational license.
Vice Mayor Shaddow recommended that their license not be approved until the City can determine what is allowable with a business of this caliber. She stated that a company should not be allowed to burn rubber when they are located so close to a residential area. She further requested a response to her call at 4:30 a.m. regarding Pavex burning rubber. And said she also saw a new piece of machinery on their property.
Commissioner Clarke-Reed asked if Bitcom is allowed to co-locate with Pavex on their site?
Mayor Capellini answered no.
Sgt. Swift stated that Bitcom is not burning any material. However, in regards to the issue of co-locating, the owner of Pavex and that plat of land, took exception to the fact that he is not allowed to open businesses on his property without permission. He said that last month the Code Enforcement Board cited Pavex (owner) on two separate occasions. And that both businesses have applied for occupational licenses and are trying to come into compliance.
Vice Mayor Shaddow recommended that they appear before the Development Review Committee (DRC).
Sgt. Swift replied that said procedure is correct.
Vice Mayor Shaddow recommended that the Commission be updated on the site plans to keep them abreast of all situations.
Sgt. Swift stated that once Code Enforcement initiates a case on any business, nothing falls through the cracks. Once a notice is received Code Enforcement will continue to take every action until the matter has been resolved.
Commissioner Noland asked how many businesses are located on this one plat?
Sgt. Swift answered that there are several, it is a large plat.
Commissioner Noland asked what are the steps to obtaining an occupational license?
Jerry Ferguson, Planning and Growth Management Director, explained the process, which includes completing an application with the Occupational License Department, it then is routed to Planning and Growth Management. If it is not a change of use, it goes on the DRC Agenda and distributed to the their members. Then the fire inspections are performed and sanitation creates their account. There after it is signed off and goes back to the Occupational License Department.
Vice Mayor Shaddow asked other than Pavex who has an occupational license to be operating a business on the subject site?
Mr. Ferguson replied that Pavex, Central Concrete and Limbo Rock have occupational licenses.
Vice Mayor Shaddow stated that the DRC should become more subjective when reviewing applications and ask what were the subject operations purpose.
Mayor Capellini replied these companies have specific permits for the work they are performing and the additional businesses cannot piggyback on said permits. He also stated that as of Wednesday, March 7th, the City Attorney and Code Enforcement review shutting down Rapid Roll Off’s operation which will include verifying for permits.
Vice Mayor Shaddow stated that these issues should be resolved which she is determined to see happen.
Dirt Bike - Vice Mayor Shaddow replied that it has been difficult to fully address this matter due to other ongoing matters and suggested that it be reviewed by Code Enforcement.
PUBLIC TO BE HEARD
S- Curve - Martha McGeary, 1442 S.E. 6 Street, stated that she provided Larry Deetjen, City Manager, a copy of correspondence received from FDOT regarding the s-curve on State Road A-1-A. She said that the State responded that a preliminary review revealed that pedestrian warning signs at the two crossings that do not have signals are no longer in place and the crosswalk markings need refurbishment. The letter also states that this matter will be reported to their maintenance department and addressed as soon as their schedule permits. In addition, the lack of vehicular access control to and from various adjacent parking lots further increases the potential for conflicts and is unlikely that this situation can be fully resolved due to the nature of the commercial development. She also expressed concerns regarding the speed limit on the subject s-curve.
Thank You - Mr. Greg Rogers, citizen, thanked Vice Mayor Shaddow for her dedication and commitment during her tenure as Commissioner in District 4.
Thank You - Jean Ash, citizen, also thanked Vice Mayor Shaddow for her dedication and commitment as a Commissioner for District Four.
Jet Ski - Mr. Ash expressed his concern regarding the jet ski noise. He requested that this matter be resolved now before it gets out of control. He requested that an ordinance be created abandoning jet skis.
Mayor Capellini explained that there are jurisdictional restraints because this is private property. And until it becomes city property, there is a limitation on what can be done.
City Attorney Andrew Maurodis replied that he would look into it.
March 13th Election - Maureen Kenny , citizen, wished the commissioners and the Mayor the best on Tuesday’s election. She requested that a stop light be installed at 7th Street and Federal Highway. And she requested the city’s assistance in contacting FDOT regarding this matter. She said that there have been several fatal accidents and others must be prevented by installing a cross light to assist the small children and elderly when crossing.
Commissioner Noland stated that at a previous meeting Larry Deetjen, City Manager, was asked to get our state representatives involved in this matter.
Mayor Capellini explained that the process begins with the local district representatives and moves up the chain of command if necessary.
Girl Scout Troop 185 – Susan Aguila, is helping to celebrate fifty years of Girl Scouts in Broward. The troops are being asked to perform a community service. Therefore, they would like to provide at least fifty packages of toiletries and cleaning products to Our Fathers House Soup Kitchen and requested the City and citizens assistance with this project. She can be contacted at 954-426-2492.
Commissioner Noland suggested that a drop box be placed in City Hall where donations could be dropped off.
Crossing near Pic-N-Pay on Hillsboro Boulevard – Barbara Edwards, citizen, stated that it is a dangerous area and needs a crosswalk or red light. She said there have been too many people hurt or killed in this area and requested the Commission’s urgent attention in this matter.
Commissioner Clarke-Reed said that Sheriff Brennan has reviewed this intersection and suggested a walk light. He further advised that the lighting is also poor due to the trees in the median. She assured Ms. Edwards that the Commission is aware of the situation and is taking steps to resolve the problem.
The meeting was adjourned at 9:05.
ALBERT R. CAPELLINI, P.E., MAYOR
ADA GRAHAM-JOHNSON, CMC, CITY CLERK