CITY OF DEERFIELD BEACH

REGULAR CITY COMMISSION MEETING MINUTES

Tuesday, March 20, 2001 at 7:00 P.M.

 

 

 

The meeting was called to order at 7:00 p.m. by Mayor Capellini on the above date in the City Commission Room, City Hall.

 

Roll Call :

 

                        Present:                        Commissioner Gwyndolen Clarke-Reed

                                                Commissioner Peggy Noland

                                                Commissioner Amadeo Trinchitella

                                                Vice Mayor Kathy Shaddow

                                                Mayor Albert Capellini, P.E.

 

                        Also Present:                        Larry Deetjen, City Manager

                                                Andrew Maurodis, City Attorney

                                                Ada Graham-Johnson, City Clerk                                      

 

INVOCATION AND PLEDGE OF ALLEGIANCE

 

The invocation was offered by Pastor Anthony Davis, Church of Brotherly Love, followed by the Pledge of Allegiance to the flag.

                                                                       

                        TAPE 1. COUNT  106

 

APPROVAL OF THE MINUTES

 

            Regular City Commission Meeting minutes of March 6, 2001

 

MOTION was made by Trinchitella and Seconded by Commissioner Clarke-Reed to approve the minutes as submitted.  Roll Call:  YEAS:  Commissioner Clarke-Reed, Commissioner Noland, Commissioner Trinchitella, Vice Mayor Shaddow, and Mayor Capellini.  NAYS: None.

 

     ACKNOWLEDGEMENT OF BOARD MINUTES

 

Deerfield Beach Police Pension Board, November 6, 2000

Deerfield Beach Police Pension Board, December 6, 2000

Planning & Zoning Board, February 1, 2001

Community Appearance Board, January 24, 2001

Community Appearance Board, February 21, 2001

Code Enforcement Board, February 12, 2001

Deerfield Beach Beautification Authority, February 26, 2001

 

There was no action on this item.

 

                        TAPE 1, COUNT 126

 

INSTALLATION CEREMONIES

 

Presentation and remarks for outgoing Commissioner

 

Mayor Capellini extended best wishes to Vice Mayor Shaddow and said that she has served the City well over the last eight (8) years, and it has been a pleasure serving on the Commission with her over the years.  Thereafter, he presented her with flowers and a plaque with her picture.

 

Remarks by outgoing Commissioner and City Commission

 

Vice Mayor Shaddow stated that this is a bittersweet night for her because she decided not to seek re-election, although it was not an easy decision.  She said for the past eight (8) years she has done her best to serve the City of Deerfield Beach.  She said that she viewed the office of city commissioner as one of service to the community, and an opportunity to serve on a fantastic team.  Being elected as city commissioner eight (8) years ago, was a great challenge to sit on the dais, however, she has a greater challenge of watching her three daughters grow up into beautiful women.  Thereafter, she introduced her daughters, Jacqueline, Kelly and Megan.

 

Continuing, Vice Mayor Shaddow commended the City's staff for doing a great job, as well as her colleagues on the dais, to include Larry Deetjen, City Manager and Andy Maurodis, City Attorney.

 

In conclusion, she quoted President Ronald Reagan, "That every individual life is incidentally precious.  And that every one of us put on this world has been put there for a reason and have something to offer."  Therefore, it is her hope that she has offered something worthwhile over the last eight years.

 

The Deerfield Beach Firefighters Association presented Vice Mayor Shaddow with an angel expressing a token of their appreciation for her service and wished her well in the future.

 

                        TAPE 1, COUNT 394

 

Oath of office administered for incoming Mayor and Commissioners

 

Ada Graham-Johnson, City Clerk, administered the Oath of Office to the incoming Mayor and Commissioners.

 

Albert Capellini              -  Mayor

Peggy Noland                -  City Commissioner, District 1

Gwyndolen Clarke-Reed    -  City Commissioner, District 2

Amadeo Trinchitella               -  City Commissioner, District 3

Steve Gonot              -  City Commissioner, District 4

 

 

                        TAPE 1, COUNT 695

 

Selection of Vice Mayor by lot, for the following four years.

 

Ada Graham-Johnson, City Clerk, administered the selection of Vice Mayor by lot, for the following four years, and the results were:

 

2001-2002          Peggy Noland

2002-2003 Gwyndolen Clarke-Reed

2003-2004 Amadeo Trinchitella

2004-2005 Steve Gonot

 

Commissioner Gonot stated that he is very humble and thanked his many supporters to include: Boy Scout Troop 326, Ventures at the Teen Center, Firefighters, as well as his campaign manager, friends and family, his wife, Debbie, children, Steve and Katie and his parents.  In addition, Commissioner Gonot thanked Karen Van Matre, opponent, and her supporters and volunteers for a vigorous campaign, as well as the Commissioners, for they have earned his respect and he hopes to earn theirs in the near future. 

 

Vice Mayor Noland also thanked those that assisted her during her campaign, but most of all thanked her family.

 

Commissioner Clarke-Reed thanked her constituents for their confidence in her by not having an opponent, and to be re-elected unanimously. 

 

Commissioner Trinchitella also thanked his constituents for their vote of confidence in re-electing him for three (3) terms without any opposition.

 

Mayor Capellini thanked everyone for their support, particularly the 71% of the voters that voted for him.  He also thanked the Police and Fire Departments for their endorsements, as well as the other organizations throughout the city, particularly three individuals who really worked hard on his campaign, the Kleinman brothers and others.  He further thanked Robert Boutwell for running a competitive race, which gave him competition and raising important issues.

 

Continuing, Mayor Capellini stated that the most important aspect of managing the City of Deerfield Beach is the financial responsibility of the Commission. The Commission has been fortunate over the last eight years, particularly the last five years, to have no tax increase and/or rate increase in the water and sewer charges; however, it is uncertain how long this will continue.  But the Commission will try their best to ensure the residents and business community that the quality of service experienced now will  continue with as little impact as possible. 

 

In addition, Mayor Capellini stated that there were two important issues that were discussed during his campaign: First,  The "beach".  He said that the City of Deerfield Beach has one of the most beautiful beaches and is known throughout the nation, the State of Florida and Broward County, and is a very important element in the City. During the campaign it was insinuated that the Commission, particularly himself, intended to "sell out" to commercial enterprises.  Nor has or will ever be the intentions of the Commission.  Furthermore, the Commission has not given, sold, leased or transferred any beach property to any private organization.  Conversely, the City is seeking in the near future to enter into a number of purchases of additional beach property, which are currently owned by private enterprises, in an attempt to provide the public with more, not less, beach access.

 

Also, Mayor Capellini stated that the Commission would continue to defend and fight beach erosion, opposing Broward County's plan to remove sand from the beach and transport it to the south portion of Broward County.  Therefore, the City will join with the Cities of Hillsboro Beach and Boca Raton and take the necessary steps to protect the City's beach.

 

Secondly, the "power plant " issue affects many of the people in the western portion of the City.  And as Mayor, along with the Commissioners, he expressed concern regarding the proposed power plant facility being located in the City of Deerfield Beach.  He said the Commission will announce an initiative to seek out the facts regarding the issues of the Enron Power Plant.  He said the purpose of the initiative would be to develop an advisory committee to the Mayor and Commission that would be composed of mostly people from the western portion of the City, i.e. Independence Bay, Century Village, Waterford, Waterways and Deer Creek, that would be most affected. 

 

Mayor Capellini further proposed that the Commission support the Committee as a professional organization by recovering the cost through a cost recovery system that currently exists.  And Enron would pay to have the City's owns consultant to find the facts and other pertinent information regarding the proposed energy power plant facility.

 

Thirdly, Community Redevelopment Agency; Mayor Capellini said that no healthy community can continue to advance by remaining stagnate, therefore, the City of Deerfield Beach needs to have redevelopment.  He said redevelopment does not mean commercial entities coming in and taking over the City, but demolishing old buildings that are no longer being used and rebuilding to make the City a better place to live. The Broward County Commission has approved a conceptual plan that was submitted by the Deerfield Beach City Commission, and the City will continue to work with the community and businesses to assure that the plan is implemented in a caring and thoughtful manner.

 

Further, Mayor Capellini stated that the Commission has no intention of taking away parks, which was indicated during the campaign, but will continue togrow and construct and repair the infrastructure of the City.  He said that the new water plant will soon be completed meets the latest environmental standards regulated by the federal government.  The construction of the water plant cost $27 million and will serve the City's water needs through the early part of the 21st Century. And that the City used financial tools such as the State Revolving Fund, an extremely low-interest rate, and the Florida Finance Commission to reduce the cost in interest to the City.

 

Continuing, Mayor Capellini briefly talked about the City's Strategic Plan and said that the City of Deerfield Beach is one of a few cities in Broward County that has long acknowledged the importance of the strategic planning tool to build a legacy of good local government.  He said the City's goal is to have a cleaner and greener city,  revitalize the businesses in districts and various neighborhoods, provide quality customer service, encourage a close working relationship between the public and private sector, proactively address issues that affect the quality of life of the City, and to ensure the financial health of the City government, provide a safe and healthy environment, advance employee development and satisfaction and effectively communicate among all levels of the organization with the public. 

 

In closing, Mayor Capellini recommended that there be more open government by involving the public.  He said that in the past, the Commission has been more involved in performing other tasks to create this government, which has placed the public in the rear.  Therefore, he requested the Commission's support in correcting this matter by having the public informed of all negotiations prior to the administration and staff discussing with developers, by advising the City Commission of such in an open forum.

 

Thereafter, he thanked everyone for taking the time to vote and demonstrate their faith in the present Commission.  And said that the Commission will continue to do its best in making the City of Deerfield Beach the best city in the United States.

 

PRESENTATION

 

Community Improvements Video

 

Mayor Capellini announced that the Community Improvements Video will consist of highlights of the March 13, 2001, General Election as well as other community activities throughout the City.

 

Proclamations

 

Proclamation to Sherman Cohen, Code Enforcement

Mayor Capellini presented a proclamation to Sherman Cohen, Code Enforcement Board, for his dedicated service.  He said that Mr. Cohen has served as a member of the Code Enforcement Board since May 7, 1991 and has played a vital role in the improvement and progress of the community.  And he was presented with a certificate for dinner for two at the Road House Grill Restaurant.

 

Proclamation to Dave Bok

Mayor Capellini also presented a proclamation to Dave Bok, Director of Finance, for his dedication to public service as a City of Deerfield Beach employee for 25 years.  He said Mr. Bok's outstanding performance as the City's Finance Director earned him a promotion to retirement relocating him to nearby Boca Raton.  During his leadership, the City was afforded the feeling of peace and financial security. He extended deep appreciation to Mr. Bok for his distinguished service and wished him success in the future. 

 

 

PROCLAMATIONS - CONTINUED

 

Mr. Bok thanked the Mayor, City Commission, Administration and Staff for their support and congratulated Steve Gonot on winning the election as City Commissioner, District 4.

 

Honorary Taster -Starter Pharters All-American Chili Cook-Off Team

The “Starter Pharters All-American Chili Cook-Off Team” of Deerfield Beach Finance Department presented David Bok with a Certificate of Appreciation for Honorary Taster for participating in the Beach Blowout Chili Cook-off.

 

Beauty Spot Awards

 It was announced that due to the water restrictions, the Beautification Committee would not perform any projects within the next few months until the water restrictions are lifted. 

 

Thereafter the Beautification Committee presented Beauty Spot Awards for 2001 to the following:

 1)   Mary Murphy Ocean Breeze Condominiums - 1962

105th NE 7th Street, Deerfield Beach, FL

 

                        2)           Mr. & Mrs. George Barnett     701 NW 40TH Terrace                                 

                        Deerfield Beach, FL

 

                        3)    Mr. Andrew Foseo 634 Island Pine Lane

                                    Deerfield Beach, FL

 

4)           Karen Allen 1790 West Hillsboro Boulevard

Chevron Station Deerfield Beach, FL

 

 

Employee of the Month Award

Donald Freedland, Director of Public Works, presented Gerald Claridge, Street Maintenance Division, Employee of the Month Award for February 2001.  He said that Mr. Claridge has outstanding attendance, a terrific attitude, and is always willing to assist others.  Mr. Freedland further stated that Mr. Claridge is the individual that vacuums up floods in the City, especially at special events. 

 

 

WRITTEN REQUEST TO ADDRESS THE COMMISSION

 

Joe Langlois to speak to Commission regarding sponsorship for World Police/Fire Games

 

Doug Watler stated that Firefighter Langlois was currently on duty, therefore, on his behalf, he requested that the Commission sponsor Firefighter Langlois for the 2001 World Police/Fire Games.  He said that in the past, Mr. Langlois has represented the City in three games and hopes to do the same this year.

WRITTEN REQUEST TO ADDRESS THE COMMISSION - CONTINUED

 

Vice Mayor Noland stated that there is no dollar amount requested and asked what amount is being requested?

 

Mr. Watler replied $2,000 at this time.

 

In response to Commissioner Clarke-Reed's question, Larry Deetjen, City Manager, replied the City did make the donation last year.

 

Commissioner Clarke-Reed recommended that the Commission donate the same amount as last year and requested that the Administration determine last year's amount and proceed with the request.

 

MOTION was made by Commissioner Clarke-Reed and Seconded by Vice Mayor Noland to donate the same amount as last year.  Roll Call:  YEAS:  Commissioner Clarke-Reed, Commissioner Gonot, Commissioner Trinchitella, Vice Mayor Noland and Mayor Capellini.  NAYS:  None.

 

Establishing a Mayor's Ad Hoc  Energy Committee

 

Mayor Capellini requested that the Commission make a motion creating a Mayor's Ad Hoc Energy Committee.

 

MOTION was made by Commissioner Trinchitella and Seconded by Commissioner Clarke-Reed to create a Mayor's Ad Hoc Energy Committee. Roll Call:  YEAS:  Commissioner Clarke-Reed, Commissioner Gonot, Commissioner Trinchitella, Vice Mayor Noland and Mayor Capellini.  NAYS:  None.

 

Mayor Capellini recommended that the following individuals whom live in the northwest area be appointed to the Committee:  Syl Malone, Howard Hanson, Chris Higgins, Anita Cruz, Harvey Bernstein, Benjamin Troxell, Scott Isabella.  And opened the floor to the Commissioners for further appointments.

 

Commissioner Trinchitella recommended that the Committee not be to large and adhere to members listed.

 

Andy Maurodis, City Attorney, recommended that a resolution be drafted establishing an Energy Ad Hoc Committee for the purpose of fact finding with regards to any proposed power plants siting within the City of Deerfield Beach.  He further stated that as requested by the Mayor, the City would hire an expert to assist which funds will come from the cost recovery.

 

In addition, Mr. Maurodis stated that the Committee will be governing by the Sunshine Laws and notices will be posted announcing the meetings should it be adopted by resolution.

 

MOTION was made by Commissioner Trinchitella and Seconded by Commissioner Clarke-Reed to direct the City Attorney to draft a resolution establishing an Ad Hoc Energy Committee. Roll Call:  YEAS:  Commissioner Clarke-Reed, Commissioner Gonot, Commissioner Trinchitella, Vice Mayor Noland and Mayor Capellini.  NAYS:  None.

 

PUBLIC HEARINGS - CHANGE OF USE

 

           

                        ITEM G-1      TAPE 1, COUNT 1835

           

                        Change of Use – Monarch Knitting Machinery

 

Mayor Capellini stated that the floor was opened for discussion on request for change of use by Monarch Knitting Machinery and advised this is a public hearing.

 

A request for a change of use from merchant (Treasure Trove of South Florida) to business office located at 260 Lock Road, Deerfield Beach, FL.

 

MOTION was made by Commissioner Clarke-Reed and Seconded by Vice Mayor Noland to close the public hearing. Roll Call: YEAS: Commissioner Clarke-Reed, Commissioner Gonot, Commissioner Trinchitella, Vice Mayor Noland and Mayor Capellini.  NAYS:  None.

 

MOTION was made by Commissioner Clarke-Reed and Seconded by Commissioner Trinchitella to approve the request. Roll Call: YEAS: Commissioner Clarke-Reed, Commissioner Gonot, Commissioner Trinchitella, Vice Mayor Noland and Mayor Capellini.  NAYS:  None.

 

 

                                    ITEM G-2      TAPE 1, COUNT 1837

 

                        Change of Use – Inrecon, L.L.C.

 

A request for a change of use from fabricator (Ego Underwear) to general contractor located at 1520 South Powerline Road.

 

MOTION was made by Commissioner Clarke-Reed and Seconded by Vice Mayor Noland to close the public hearing. Roll Call: YEAS: Commissioner Clarke-Reed, Commissioner Gonot, Commissioner Trinchitella, Vice Mayor Noland and Mayor Capellini.  NAYS:  None.

 

MOTION was made by Commissioner Clarke-Reed and Seconded by Commissioner Trinchitella to approve the request. Roll Call: YEAS: Commissioner Clarke-Reed, Commissioner Gonot, Commissioner Trinchitella, Vice Mayor Noland and Mayor Capellini.  NAYS:  None.

 

 

 

 

                                    ITEM G-3      TAPE 1, COUNT 1837

 

 

                        Change of Use – Centro Cristiano 1ra

 

This item is a continuation from City Commission Meeting of February 20, 2001.

 

A request for a change of use from retail (Flowers by Linda) to personal service located at 12 N.E. 2nd Avenue.

           

Jerry Ferguson, Director of Planning and Growth Management stated that the applicant has requested that the item be tabled until the April 17, 2001, City Commission meeting.

 

It was the consensus of the Commission to grant the request.

 

PUBLIC HEARINGS

 

            None

 

QUASI-JUDICIAL HEARINGS

 

Mayor Capellini advised that Items I1 - I5 are quasi-judicial hearings and those interested in speaking on the items must be sworn in by the City Attorney.

 

Andy Maurodis, City Attorney, placed all individuals under oath wishing to speak on Items I1 - I5.

 

                                    ITEM I-1        TAPE 1, COUNT 1861

 

Case No. 1762 and Change of Use, The Family Vending Company, Inc. by Barry Frankel

 

            Seeking Change of Use approval to add a food vending cart operation accessory use to an existing retail sales business; AND seeking a VARIANCE in order to allow said food sales business to be conducted outside of a fully-enclosed building, located at 821 SW Natura Boulevard (BrandsMart).

 

 

Gerald Ferguson, Director of Planning and Growth Management, stated that the proposed item is a request for a change of use to add an accessory food vending sales to the existing retail sales for BrandsMart.  He said that a variance is required for a food-vending cart to be located outside of the building.  Mr. Ferguson further stated that included in the Commission's backup material is a letter of hardship, a drawing, and a picture, indicating where the food cart would be located, which was submitted by the applicant.

 

QUASI-JUDICIAL HEARINGS - CONTINUED

 

MOTION was made by Commissioner Trinchitella and Seconded by Vice Mayor Noland to close the public hearing. Roll Call: YEAS: Commissioner Clarke-Reed, Commissioner Gonot, Commissioner Trinchitella, Vice Mayor Noland and Mayor Capellini.  NAYS:  None.

 

In response to Commissioner Trinchitella's question, Barry Frankel, representing Family Vending, replied that there was previously a food-cart located outside, however, it did not work out as well as planned.  He further replied the charitable contribution would remain as the original agreement.

 

Commissioner Clarke-Reed asked if the agreement would remain with regards to no additional signage being installed at BrandsMart?

 

Larry Levine, Vice President, BrandsMart, replied yes. 

 

Andy Maurodis, City Attorney, recommended that as a condition BrandsMart not install any additional signage on the property. 

 

Mr. Ferguson stated that the license application is for a not-for-profit operation and asked for clarification whether contributions would be given. 

 

Vice Mayor Noland stated that when the applicant previously addressed the Commission he submitted his application to make additional revenue for his business.  However, when he requested the approval, he volunteered to make a percentage of his contribution to a charitable organization.  And the City recommended that a donation be made to the Teen Center, etc.

 

Commissioner Trinchitella recommended that the request be approved subject to the applicant donating ten percent of his profit to a charitable organization.  

 

Mr. Levine stated that with the induction of the new commission, BrandsMart is very proud to be associated with the City of Deerfield Beach over the last ten (10) years.  He said the City is extremely well ran and everyone in the City has performed in a responsible manner. 

 

MOTION was made by Commissioner Clarke-Reed and Seconded by Commissioner Trinchitella to approve the request subject to ten percent of the profit being donated to charity.   And as a condition, there would be no additional signage placed on the property by BrandsMart.  Roll Call: YEAS: Commissioner Clarke-Reed, Commissioner Gonot, Commissioner Trinchitella, Vice Mayor Noland and Mayor Capellini.  NAYS:  None.

 

 

 

 

QUASI-JUDICIAL HEARINGS - CONTINUED

 

                                                ITEM I-2                        TAPE 1, 2058

 

Application 00-CRM15-1 Crystal Lake Properties, Inc., by the Bensch Group

 

A request to construct 70 townhouse units on a 5.09-acre parcel described as Lots 15,16,17,18,19 and 20, Block 3 of Crystal Lake 2nd Section, located at 4101 Crystal Lake Drive.

 

Gerald Ferguson, Planning and Growth Management Director, stated that the applicant is requested to construct 70 townhouse units on a vacant parcel located near the lake.  He said the request has been approved by the Community Appearance Board and the Planning and Zoning Board; however, the plans have been revised to comply with all departmental requirements as specified in the Development Review Committee  (DRC) report. 

 

In addition, Mr. Ferguson stated the property was platted in 1979, therefore, the City Commission must determine the traffic concurrency.  The applicant has also submitted a traffic study report that was prepared by McMahon Associates, Inc. and a summary of the report was included in the Commission's backup; however, a complete copy is available upon request.   He further stated that the report indicated that there is less than one percent affect on the capacity of growth in the area. 

 

Jennifer Ferraro, Counsel, representing Crystal Lake Properties, Inc., stated that there is only one potential issue that is not resolved with the site plan.   She said that the City has required the dedication of a bike path; therefore, they are requesting a stipulation be entered into where the bike path would be located along the perimeter.  And any rights that they have such as open space, setback and drainage requirements would be vested pursuant to the site plan as it is today. 

 

Andy Maurodis, City Attorney, recommended that the agreement be approved subject to entering into a satisfactory developer's agreement with the applicant for the location of the bike path along the property either through dedication easement or acceptable means.  And that the bike path be considered as open space for the setback and other development review purposes.  He further recommended that no building permits be issued until the satisfactory developer 's agreement is entered into.

 

Mr. Ferguson stated the bike path is a part of an open space recreation commitment that the City made to Crystal Lake when annexing said area into the City.  He said the bike path would be constructed around the lake and a connecting loop throughout the area.  

 

MOTION was made by Vice Mayor Noland and Seconded by Commissioner Trinchitella to close the public hearing. Roll Call: YEAS: Commissioner Clarke-Reed, Commissioner Gonot, Commissioner Trinchitella, Vice Mayor Noland and Mayor Capellini.  NAYS:  None.

 

QUASI-JUDICIAL HEARINGS - CONTINUED

 

 

MOTION was made by Commissioner Trinchitella and Seconded by Commissioner Gonot to approve the request subject to entering into a satisfactory development agreement. Roll Call: YEAS: Commissioner Clarke-Reed, Commissioner Gonot, Commissioner Trinchitella, Vice Mayor Noland and Mayor Capellini.  NAYS:  None.

 

                                                ITEM 1-3                        TAPE 1, COUNT 2204

 

Application 01-B1-154 and Case No. 1761, Woolbright Hillsboro, Ltd.

 

Consideration for an overall renovation of an existing shopping center resulting in a net increase of 34,415 square feet of commercial floor area for a total of 159,787 square feet; AND seeking CONDITIONAL USE approval in order to allow outdoor seating in excess of 12 for a restaurant, located at 300 South Federal Highway (Hillsboro Square, formerly Palm Aire, Shopping Center.

 

Gerald Ferguson, Director of Planning and Growth Management, stated that the applicant is requesting to completely modernize and revamp, the Palm Aire Shopping Center, Hillsboro Square, 300 South Federal Highway.  He said the entrance off of Federal Highway would remain at its location with reconfiguration to eliminate the sharp turn and landscape buffers along the stores.  Also parking would be reconfigured to accommodate pedestrian safety, as well as adding landscaped islands in the parking lot. He further stated that the proposal also consist of future expansion of the Publix Supermarket from its present 38,000 sq. ft. to approximately 54,000 sq. ft.  

 

In addition, Mr. Ferguson stated that the project would consist of the creation of two out parcels, Federal Highway and in the future the north end of the property, adding a patio for the existing Japanese Restaurant for outdoor dining, and a complete renovation of the exterior.  He said that because an excess of 12 seats would be outdoors for dining, a conditional use approval is required. 

 

In closing, Mr. Ferguson stated that the Community Appearance Board at its February 12, 2001 meeting approved the plan, subject to several revisions.  The Planning and Zoning Board also approved the plan based on meeting departmental requirements.

 

Dennis Beaudrea, Woolbright Hillsboro, Ltd,, stated that they have met with staff on several occasions and have taken all the suggestions recommended by the Community Appearance Board and incorporated them into the plan.  They have also incorporated the boulevard feature for the Community Redevelopment Agency (CRA) plans and is currently working with the Farm Store for possible relocation behind the Publix Supermarket.  This would allow them to incorporate the boulevard into the current phase instead of a future phase. 

 

 

QUASI-JUDICIAL HEARINGS - CONTINUED

 

Mayor Capellini asked if the creation of the CRA was one of the motivating forces to renovate the shopping center?

 

Mr. Beaudrea replied that it was an incentive for them to redevelop extensively.  He further stated that Woolbright Development has made arrangements with the Hillsboro Commons to ease some of the parking problems. 

 

Stanley Greeson, 500 SE 4th Street, asked how would the renovations to the proposed shopping center affect the proposed traffic calming in the Coral Manor neighborhood at the intersection of Federal Highway and the Walgreen Shopping Center? 

 

Larry Deetjen, City Manager, stated that when the developers originally approached the City with plans for the proposed shopping center, this question was referred to the City's consultant, McMahon Associates, Inc., representative of the Cove Traffic Calming Committee, therefore they incorporated the plans.  He further stated that the plans are in the final design and upon completion they will be placed on the agenda for the Commission's approval for bid. The bid should be received prior to Memorial Day and construction should begin in the Cove Neighborhood Traffic Calming Plan at the end of May, Memorial Day.

 

Vice Mayor Noland stated that many of the Publix shoppers from the Coral Manor area will continue to shop there, which is why the developers have proposed to renovate the entrance into the shopping center from Federal Highway to make it safer.  She further stated that the problem is the Walgreen and the red light runners at the intersection of Federal Highway and Walgreen.

 

Mayor Capellini stated that the entrance into the Walgreen Shopping Center is to close to the corner and with today's standard it would not be approved because of the limited stacking area. 

 

Tom Tracey, 1114 Little Harbor Drive, complained about the north entrance, bank< of the shopping center, on Hillsboro Boulevard, when drivers exit using the center lane to make u-turns to go west and asked that this matter be reviewed, and possibly install a no u-turn sign.

 

MOTION was made by Vice Mayor Noland and Seconded by Commissioner Trinchitella to close the public hearing. Roll Call: YEAS: Commissioner Clarke-Reed, Commissioner Gonot, Commissioner Trinchitella, Vice Mayor Noland and Mayor Capellini.  NAYS:  None.

 

MOTION was made by Vice Mayor Noland and Seconded by Commissioner Trinchitella to approve the request with all the stipulations recommended by the City Attorney. Roll Call: YEAS: Commissioner Clarke-Reed, Commissioner Gonot, Commissioner Trinchitella, Vice Mayor Noland and Mayor Capellini.  NAYS:  None.

 

 

QUASI-JUDICIAL HEARINGS - CONTINUED

 

 

                                                ITEM 1-4                        TAPE 1, COUNT 2638

 

            Application 01-B2-88 and Case No. 1759 Joseph Tirinkian

 

Site plan modification to convert the 2nd floor of an existing building from office space and one (1) residential apartment to four (4) residential apartments; AND seeking CONDITIONAL USE approval in order to increase the number of residential units from 1 to 4, located at 819 South Federal Highway.

 

Gerald Ferguson, Director of Planning and Growth Management, stated that the applicant is requesting to convert the second floor of an existing building from office space and one residential apartment to four (4) residential apartments, three (3), two (2), bedroom apartments and one (1), one bedroom.  He said with no changes to the building or site, the parking does meet requirement. 

 

Mr. Ferguson further stated that within the zoning, residential in a commercial building on the second floor is a conditional use therefore, a conditional use approval is required to increase the number of residential units from one to four.

 

Vice Mayor Noland asked if this site is in the Palm Plaza?

 

Mr. Ferguson replied that it is next to the plaza on Federal Highway.  He stated that the access to the parking in the rear is through Palm Plaza.  He said that there is adequate parking in the front and rear for the businesses down stairs, there is a total of 24 parking spaces.

 

Vice Mayor Noland said that she has not had any complaints regarding this area in the past and wanted to assure that there was adequate parking for both residential and businesses.

 

Commissioner Clarke-Reed asked if a site plan approval would be required because 25% of the building is being renovated?

 

Mr. Ferguson replied because there are no changes to the exterior a site plan approval modification was not required; however, if it is the Commission's desire to require such then he would proceed accordingly.

 

Joseph Tirinkian, 1001 E. Camino Real, #207, Boca Raton, stated that approximately 30% of the upstairs are occupied and they are requesting approximately 25%.  Although they are not renovating any of the downstairs, they are renovating a portion of the upstairs to increase the number of apartments.

 

 

 

QUASI-JUDICIAL HEARINGS - CONTINUED

 

In regards to Commissioner Clarke-Reed's question, Mr. Ferguson explained that the code in which she was referencing is actual 10% or greater affect addition to the building or affecting the site.  Since the proposed request is not affecting the site and is not an addition to the building, his staff did not request a site plan approval, however, if it is the Commission discretion if so desired. 

 

MOTION was made by Commissioner Clarke-Reed and Seconded by Vice Mayor Noland to refer the item to the Planning and Zoning Board for its review. Roll Call: YEAS: Commissioner Clarke-Reed, Commissioner Gonot, Commissioner Trinchitella, Vice Mayor Noland and Mayor Capellini.  NAYS:  None.

 

 

                                                ITEM I-5                        TAPE 1, COUNT 2898              

 

Application 00-B1-152 – John Artuso by William Osborn

 

Continued from February 20, 2001 Commission Meeting. To construct a 6,570 square-foot two-story office/retail building on a .17 acre parcel described as Lots 28,29,30 and 31 of Palm Plaza, located at 811 SE 8 Avenue.

 

Gerald Ferguson, Director of Planning and Growth Management, stated that the Commission at its previous meeting tabled the proposed item, which the applicant is requesting to construct a 6,570 sq. ft. two story office/retail building on a 17 acre parcel described as Lots 28,29,30 and 31 of Palm Plaza.   He said the Planning and Zoning Board and the Community Appearance Board has approved the applicant's request, and it does meet all code requirements with the exception of the parking.  The parking falls within the blanket variance that was granted in 1982, for the Palm Plaza Shopping Center.

 

Vice Mayor Noland said she previously requested the item be tabled to allow staff to review for additional parking because there is not adequate parking for the businesses that are currently there.  And although they had their engineers review the parking as requested, they provided modification to the parking lot with landscaping and lighting, which resulted in less parking spaces.  She asked if there were any suggestions as to how the City or applicant can accommodate additional parking?

 

William Osborn stated that by not allowing a business to locate in the subject building because of the parking situation, the land becomes useless.  He said that they are proposing to construct 6,570 sq. ft. of office/retail space, with the average office being approximately 500 to 900 sq. ft. 

 

Vice Mayor Noland said that currently there is a hardship in the shopping center, due to parking, and to add additional businesses would only create additional parking problems.

 

 

QUASI-JUDICIAL HEARINGS - CONTINUED

 

Andy Maurodis, City Attorney, stated that if it is the Commission's desire to deny the request,  it would have to be based on the granting of the blanket variance in 1982.

 

Mr. Osborn requested that the Commission table the item to allow them the opportunity to further review the parking situation and provide a solution.

                                                                       

MOTION was made by Vice Mayor Noland and Seconded by Commissioner Gonot to table the item. Roll Call: YEAS: Commissioner Clarke-Reed, Commissioner Gonot, Commissioner Trinchitella, Vice Mayor Noland and Mayor Capellini.  NAYS:  None.

 

 

GENERAL ITEMS

 

                                    ITEM J-1      TAPE 1, COUNT 3084

 

Request for waiver of sidewalk requirement by William T. Maher for Residence located at 177 SW 5 Court

 

Section 98-19 (19) of the Land Development Code requires that sidewalks be constructed along both sides of all streets. The same section also provides “The City Commission may waive sidewalk requirements where no need is demonstrated for the sidewalk.”

 

Mayor Capellini stated that Items J-1 and J-2 have been pulled at the request of the applicants.

 

 

                                    ITEM J-2      TAPE 1, COUNT 3085

 

Request for waiver of sidewalk requirement by Gregory Mire for Centex Homes

 

Section 98-19 (19) of the Land Development Code requires that sidewalks be constructed along both sides of all streets. The same section also provides “The City Commission may waive sidewalk requirements where no need is demonstrated for the sidewalk.”

 

This item was pulled at the request of the applicant. 

                                   

           

 

 

 

 

 

GENERAL ITEMS -CONTINUED

 

 

                                    ITEM J-3      TAPE 1, COUNT 3087

 

Commissioner Clarke-Reed requesting from Commission to re-schedule the first meeting of April, 2001.

 

Commissioner Clarke-Reed will be out of town April 4th, 2001 and is asking to the have the April 3rd meeting rescheduled.

 

Commissioner Clarke-Reed stated that the Florida League of Cities Legislative Day is scheduled for April 3 and 4, 2001, and requested that the Commission consider rescheduling or canceling the April 3, 2001 City Commission Meeting due to her and other commissioners that may be attending those legislative sessions.  

 

After discussion amongst the Commission it was the consensus of the Commission to cancel the April 3, 2001 City Commission Meeting and schedule one meeting for April 17, 2001.

 

MOTION was made by Commissioner Clarke-Reed and Seconded by Vice Mayor Noland to change the City Commission Meeting in the month of April to one meeting,  April 17, 2001 City Commission. Roll Call: YEAS: Commissioner Clarke-Reed, Commissioner Gonot, Commissioner Trinchitella, Vice Mayor Noland and Mayor Capellini.  NAYS:  None.

 

ITEM J-4 TAPE 1, COUNT 3209

 

 

Appeal from Freddy’s Driving School

 

Freddy’s Driving School wishes to appeal the decision of the Commission at its meeting of February 6th, 2001 regarding change of use from Rose Uniforms to driving school.

 

Mayor Capellini stated that Item J-4 is an appeal from Freddy's Driving School, which are very much needed. 

 

Andy Maurodis, City Attorney, stated that someone on the prevailing side must make a motion for reconsideration.

 

MOTION was made by Commissioner Trinchitella and Seconded by Vice Mayor Noland to reconsider the appeal from Freddy's Driving School. Roll Call: YEAS: Commissioner Clarke-Reed, Commissioner Gonot, Commissioner Trinchitella, Vice Mayor Noland and Mayor Capellini.  NAYS:  None.

 

 

 

GENERAL ITEMS - CONTINUED

 

Commissioner Gonot moved that the variance for technical deviation for Freddy's Driving School be approved.

 

Mayor Capellini recommended that the motion be amended to have the applicant encourage patrons to park their cars on the west side of the parking lot of the school.

 

MOTION was made by Commissioner Gonot and Seconded by Vice Mayor Noland to approve the request with the condition that applicant encourages his patrons to park in the west side of the parking lot of the school. Roll Call: YEAS: Commissioner Clarke-Reed, Commissioner Gonot, Commissioner Trinchitella, Vice Mayor Noland and Mayor Capellini.  NAYS:  None.

 

 

ITEM J-5 TAPE 1, COUNT 3256

 

Resolution 2001/038 – Amendment to an agreement between Broward County and the City of Deerfield Beach for public transportation services.

 

Commission to review Resolution 2001/038 regarding the agreement between Broward County and the City of Deerfield Beach for public transportation services.

                       

Commissioner Clarke-Reed stated that she had requested that this item be tabled at a previous meeting so that she could discuss with Nancy Richenbach, Director of Senior Services, how this bus would be used and the routes, after her discussion with Ms. Richenbach, she recommended that the item be approved.

 

Irvin Minney, Contract Grants Administrator, Broward County Community Services Department, Mass Transit Division, 3201 W. Copans Road, stated that there is a scrivener's error on 42.21 it should read, "3" instead of 1.  He said that the correction would be provided by Wednesday, March 21, 2001.

 

MOTION was made by Commissioner Clarke-Reed and Seconded by Commissioner Gonot to approve subject to correction of the scrivener's error. Roll Call: YEAS: Commissioner Clarke-Reed, Commissioner Gonot, Commissioner Trinchitella, Vice Mayor Noland and Mayor Capellini.  NAYS:  None.

 

 

 

 

 

 

 

 

 

 

CONSENT AGENDA

 

                                    ITEM K-1      TAPE 1, COUNT 3315

 

Resolution 2001/042  Confirm new members to the Deerfield  Beach Non Uniformed Civil Service Board – Classified

 

Confirmation of new members to the Deerfield Beach Non-Uniformed Civil Service Board – Classified

 

                                    ITEM K-2      TAPE 1, COUNT 3316

 

Resolution 2001/043  Renew contract with Fireworks Partners, Inc., d/b/a The Mad Bomber Production.

 

 Renewal of contract for 4th of July fireworks display to Fireworks Partners, Inc. d/b/a/ The Mad Bomber Production.

 

                                    ITEM K-3      TAPE 1, COUNT 3329

 

Resolution 2001/044   Resolution authorizing  the City Manager or his designee to apply for a Recreation Trail Program Grant

 

Authorization to apply for a Recreation Trail Program Grant in the amount of $80,000

 

                                    ITEM K-4      TAPE 1, COUNT 3356

           

Resolution 2001/045  Agreement with Brotherly Love Social Services, Inc.

 

Agreement with Brotherly Love Social Services, Inc. to provide for youth counseling, education and outreach services to the “At Risk Youth”.

 

                                    ITEM K-5      TAPE 1, COUNT 3357

 

Resolution 2001/046  Agreement with Deerfield Beach Housing Authority

 

Agreement with Deerfield Beach Housing Authority to provide economic development, education and training services to the citizens.

 

                                   

 

 

 

 

 

CONSENT AGENDA  - CONTINUED

 

                                    ITEM K-6      TAPE 1, COUNT 3358

           

Resolution 2001/047 Agreement with D.P. Scott Charity of H.O.P.E., Inc.

 

Agreement with D.P. Scott Charity of H.O.P.E. to provide victims of violent crime, education and outreach services to the citizens.

 

                                    ITEM K-7      TAPE 1, COUNT 3359

Resolution 2001/048  Agreement with Legal Aid Service of Broward County

 

Agreement with Legal Aid Service of Broward County to provide clear title search, education and outreach services to the citizens.

                       

Resolution 2001/049  Accepting the results of the Broward County Canvassing Board for the Municipal General Election

 

Resolution accepting the results of the Municipal General Election

 

                                    ITEM K-8      TAPE 1, COUNT 3360

 

            Consideration of the City Manager's appointment of City Clerk.    

 

In accordance with Section 4.06 of the City’s Charter consent to the City Manager’s appointment of City Clerk, Ada Graham-Johnson

 

ITEM K-10 TAPE 1, COUNT 3362

 

Consideration of Special Limited Release for Settlement Agreement with Broward County regarding Coastal Carting v. Broward County.

 

The County negotiated a provision, which would entitle each of the cities to receive a release from Coastal Carting of any and all claims.  Coastal Carting and Waste Management are requiring a reciprocal release from the cities.

 

There was no discussion on Consent Agenda Items K-1 through K-10.

 

MOTION was made by Commissioner Clarke-Reed and Seconded by Commissioner Gonot to approve consent items K-1 through K-10. Roll Call: YEAS: Commissioner Clarke-Reed, Commissioner Gonot, Commissioner Trinchitella, Vice Mayor Noland and Mayor Capellini.  NAYS:  None.

 

 

ADMINISTRATIVE ACTIONS AND CITY MANAGER COMMENTS

 

 

COMMENTS BY MAYOR AND COMMISSIONERS

 

Commissioner Clarke-Reed - Water Restrictions -  Commissioner Clarke-Reed stated that last week she attended a meeting with the Broward League of Cities and it was discussed at that time that Phase 3 would be entered into on the 28th.  And reminded the public to be more accountable of the use of water by reducing the use of dishwashers, laundry, etc. 

 

Commissioner Gonot_- A Child is Missing Program -  Commissioner Gonot advised the Commission that A Child is Missing Program, a non-profit organization that assist the police in the first few hours when a child disappear by making telephone calls and alerting the public. He said that Sheriff Jennings is in support of the program as well as other law enforcement agencies. Therefore, he requested the Commission's support the program by having the Administration forward a letter to the Florida Legislature not to cut the program funding.

 

MOTION was made by Commissioner Gonot and Seconded by Commissioner Clarke-Reed to direct the Administration to forward a letter to the Florida Legislature urging them not to cut funding for the A Child Is Missing Program. Roll Call: YEAS: Commissioner Clarke-Reed, Commissioner Gonot, Commissioner Trinchitella, Vice Mayor Noland and Mayor Capellini.  NAYS:  None.

 

Commissioner Trinchitella  -  Correspondence from Rapid Roll-Off  - Commissioner Trinchitella requested clarification of the correspondence that was received from Rapid Roll-Off.

 

Andy Maurodis, City Attorney, stated that as directed by the City Commission at its meeting of March 6, 2001 his office filed against Rapid Roll-Off to abate it as a public nuisance, which was filed today.

 

In response to Commissioner Trinchitella's question, Mr. Maurodis replied that Rapid Roll-Off has agreed to cooperate.

 

Mr. Maurodis stated that since the papers were filed today, there is ample time to meet with Rapid Roll-Off.  Therefore, if it is the Commission's desire to settle with them, he will proceed as directed.

 

Mayor Capellini stated that he received a call from Mr. Peppertone, Rapid Roll-Off, that they are willing to modify their operation to satisfy the City's request.

 

Mr. Maurodis stated that he would work with the Mayor in regards to Mr. Peppertone's modifications to their operation.

 

 

COMMENTS BY MAYOR AND COMMISSIONERS - CONTINUED

 

Commissioner Gonot stated that Rapid Roll-Off has met with Sgt. Swift, Code Enforcement, to rectify this problem.

 

Vice Mayor Noland -  Fire Inspections  -  Vice Mayor Noland requested that the Administration and Staff provide an update of the fire inspections at the April 17, 2001 City Commission meeting.  She said that the Commission was advised six (6) months ago that it would be completed in one year. 

 

Crosswalks  -  Vice Mayor Noland stated that she would like to have the crosswalks repainted on the beach near Deerfield Manor, near Big Daddy's and the north end of A1A.

 

Parking at the Community Presbyterian Church  - Vice Mayor Noland stated that there were many complaints regarding parking during the Election.  And recommended that she and the City Manager meet with the staff at the Community Presbyterian Church to discuss this matter to correct this situation.

 

Additional Revenue - Parking Meters  -  In addition, Vice Mayor Noland said that there are many parking spaces that belong to the City in which revenues are not being generated.  Therefore, she requested that she, the City Manager and the City Engineer meet and review the various areas on the beach where additional parking for residents along the beach area can be used to generate additional revenue from parking meters.

 

Re-Election  -  In closing, Vice Mayor Noland thanked everyone for re-electing her and said that she will do her best and encourage those to call her if they need assistance.  She also commended her opponents for a job well done.  She further thanked the firefighters and family members and friends for their support.  And she looks forward to continuing to do a good job for the community.

 

Target Construction Operating Hours  -  Vice Mayor Noland stated that the construction operating hours have changed and the construction workers are on Target's construction site at seven o'clock in the morning on Sundays.  And requested that the ordinance be amended to not allow construction work to begin on commercial sites on or before 7:00 a.m. on Sundays.  

 

PUBLIC TO BE HEARD

 

Jet Skis  -  Jean Ash, 960 Crystal Lake Drive, complained about the jet skis and the air craft activities that have been ongoing in Crystal Lake.  He said that he has addressed the Commission on several occasions regarding this matter and was advised that the matter was being looked into, however, he has not seen a change. Mr. Ash also provided a petition from the residents of his condominium with regards to this matter.

 

Mayor Capellini advised that the City Attorney's office is in the process of drafting an ordinance to address this matter which takes time.

 

 

PUBLIC TO BE HEARD - CONTINUED

 

Andy Maurodis, City Attorney, stated that they are researching the City's jurisdiction and to what extent the City can regulate the noise.  He further requested that Mr. Ash call him regarding this matter.

 

Congratulated Commissioner on Election  -  Doug Watler, 209 ? Vista Lane, congratulated the commissioners on their election.

 

Fire Act Fund  -  Mr. Watler further stated that President Bush has slated the Fire Act Funding is to be cut next year.  He said that this would greatly affect the City of Deerfield Beach in terms of $750,000.  The International Association of Firefighters has requested that all union presidents request that their City Commission forwards a proclamation urging the disapproval of said funding being cut.  He said included in this funding is the City's Project Impact money, in which the City of Deerfield Beach is the first project impact community.

 

Larry Deetjen, City Manager, stated that Jim Davenport and Skip have contacted FEMA to arrange meetings.  He said that the City has expressed its opposition to President Bush's Administration on this issue, however, they will continue to obtain additional information on this matter.

 

Mr. Deetjen further stated that funds are available for the current year.  The City has also applied for $750,000 grant money, to be applied to the mock center and others for additional training effort in the fire rescue.  Therefore, money is available in the current year, approximately $22 million, but President Bush's proposed budget would eliminate the funding for next year. 

 

Deerfield Beach Middle School Athletic Complex -  Stanley Crisson, 500 SE 4th Street, requested an update on the Deerfield Beach Middle School Athletic Complex Improvements.

 

Mayor Capellini stated that he has been informed that Broward County had a draftsperson and an engineer to begin the plans.

 

Vice Mayor Noland stated that Vince Kendrick, Community Service Director, would schedule a meeting once he has heard from the School Board, since it is School Board property.

 

 

 

 

 

 

 

 

 

 

ADJOURNMENT

 

There being no further business, the meeting was adjourned at 9:05 p.m.

 

 

 

                                                             __________________________________

                                                                      ALBERT R. CAPELLINI, P.E., MAYOR

 

 

ATTEST:

 

 

 

______________________________________

ADA GRAHAM-JOHNSON, CMC, CITY CLERK