CITY OF DEERFIELD BEACH

REGULAR CITY COMMISSION MEETING MINUTES

Tuesday, April 17, 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 Steve Gonot

            Commissioner Amadeo Trinchitella

            Vice Mayor Peggy Noland

            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 Pelt, Cathedral Church of God, followed by the Pledge of Allegiance to the flag.

                                   

Mayor Capellini acknowledged Commissioner Joseph Varsallone, City of Margate and Commissioner Connie Caloggero, Town of Hillsboro Beach.

 

Commissioner Varsallone extended best wishes from the City of Margate to the City of Deerfield Beach.  He said that no matter how the Commission addresses the issues, so as long as they are done with the best interest of the entire community, the Commission has performed its job.

 

            TAPE 1. COUNT  30

 

APPROVAL OF THE MINUTES

 

            Regular City Commission Meeting minutes of March 20, 2001

 

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

 

 

 

 

 

ACKNOWLEDGEMENT OF BOARD MINUTES

 

Code Enforcement Board, 3/12/01

Planning and Zoning Board, 3/1/01

Board of Adjustment, 1/25/01

Community Appearance Board, 2/28/01

Ad Hoc Energy Committee Minutes, 3/28/01

Ad Hoc Energy Committee Minutes, 4/5/01

 

There was no action taken on this item.

 

MOMENT OF PRAYER

 

Mayor Capellini asked that there be a moment prayer for Hollie McVictor, Firefighter, whose daughter Heather, 13 years of age, was in a jet ski accident over the weekend and is in critical condition.

 

PRESENTATION

 

Community Improvements Video

 

Mayor Capellini announced that the Community Improvements Video would consist of highlights of the Easter Egg Hunt and other community activities throughout the City.

 

Gary Press, Publisher of South Florida Business Journal

 

Carlos Baia, Economic Development , stated that Gary Press, Publisher of South Florida Business Journal, SFBJ, could not be present this evening; however, he welcomed the new business to the City.  And that the Journal and 45 of its employees will be a new tenant in the Hillsboro Commons Office Building.  The South Florida Business Journal is a weekly newspaper with a readership of approximately 200,000 and is considered one of the premiere sources of business news and information in the region.  The Journal is very well recognized in the world of business and its association with the Deerfield Beach is a tremendous advantage to the City's economic development efforts

 

CRA Capital Improvement Project

 

Gerald Ferguson, Director of Planning and Growth Management, stated that the private sector has shown a good example of investment in the newly constructed Hillsboro Commons Building and requested that the City does it part by approving the CRA/Hillsboro Boulevard Streetscape project.  He said the project will begin at Federal Highway to the Intracoastal Bridge and is listed in the CRA plan. Mr. Ferguson introduced Henry Iler, Iler Planning Group, the CRA consulting team and Doug Smith, EDSA.

 

 

 

CRA Capital Improvement Project - Continued

 

Mr. Iler stated that the CRA was formed approximately 15 months ago and the plan that was adopted at said time has produced a tax base growth of approximately 4.1 percent in the first year in the CRA.  And there are approximately eight (8) or nine (9) major projects underway, including the Hillsboro Commons and the Hillsboro Square as well as others towards the beach and the Cove Shopping Center. 

 

Doug Smith, EDSA, outlined the graphics, design and cost estimate of the project.   Mr. Smith stated that currently, in the area, there are a lot of overhead utility lines that will be underground and major landscaping medians, custom street lighting and upgrading pavement on walkways, pedestrian areas, bus stops and shelters facilities.  In addition, there would be custom signage throughout the section of the corridor including theme elements to identify each area, Federal Highway and the Intracoastal Bridge.

 

Wilson Sanchez, Keith and Associates, outlined the cost estimate for the proposed project.  He said that the unit price that was used for the cost estimate was based on a current project, Broward Boulevard Reconstruction in Fort Lauderdale, Florida.  The cost estimate was broken down into demolition work, utility improvements, relocation of the FPL from overhead to underground, hardscape, special paving and entrance features, etc.; landscape site amenities, bus stops; and lighting.   The total budget is estimated at $3.75 million, and some funding has been identified for the proposed project.  It includes; FDOT, CRA Revenue Bond.

 

Mr. Ferguson requested direction from the Commission to proceed with the project.

 

In response to Mayor Capellini's question, Mr. Sanchez replied that funds from the DOT will consist of ISTEA or T21 funding and is not on the approved list, but is communicating with the DOT staff to start said process.

 

Vice Mayor Noland stated that the tentative timeframe to complete the proposed project is 2006-2008 and asked would that remain?

 

Mr. Ferguson replied that the project would be moved up; therefore, the estimated completion would be FY 2003. 

 

Mayor Capellini stated that once the application is completed and submitted to the Metropolitan Planning Organization, MPO, he and Commissioner Varsallone would attempt to have it processed more rapidly.

 

 

 

 

PRESENTATION - CONTINUED

 

CRA Capital Improvement Project - Continued

 

Commissioner Varsollone stated that Mayor Capellini is the main member and he is the alternate to the MPO, and they would do whatever they can to assist in processing this more rapidly.  He said that in the past he and Mayor Capellini have been considered in reference to other communities to assist them in moving projects ahead without any reservation.  Therefore, he and Mayor Capellini working in conjunction with the City of Deerfield Beach Commission will make every effort to move the proposed project ahead. 

 

Thereafter, Mr. Ferguson entertained questions by the Commission.

 

MOTION was made by Vice Mayor Noland and Seconded by Commissioner Clarke-Reed to authorize staff to proceed with the proposed project.

 

Did not vote on motion.

 

Update on Beach Re-nourishment

 

Mayor Capellini stated that the City has been in discussion with the County and the Federal Government on the congressional level.  The City received a telephone call this week from the EP and Congressman Wexler regarding Broward County's plan to escavate the 3 million cubic yard of dirt off the coast of Deerfield Beach.    He said that it appears that the Federal Government will fund the operation; therefore, the City had to secure guarantees.  By communicating with Steve Somerville and guarantee that if there are any adverse impacts along the coastline of the City of Deerfield Beach, those impact would be mitigated at the cost of the County. 

 

In addition, the City has requested that an outside coastal planning consultant be hired at the expense of Broward County to evaluate this matter to determine if any damages are expected to occur off the beach.  He said that the City has recommended ATM Consultants, West Palm Beach, Florida, and was approved according to Mr. Somerville, the consultants were accepted by DPEP, and will be forwarded to the County for its approval.

 

Litter on Beach

 

Mayor Capellini stated that he received a complaint and picture showing litter throughout the beach, which is usually not the case during the summer months. Nevertheless, he said that currently the City has been directed by the Department of Natural Resource not to rake the beach in order to prevent damaging the turtle nesting during this time of the year.  Therefore, he asked that the public consider this and not view the City employees as not performing their job, i.e. picking up trash and raking.

 

PRESENTATION - CONTINUED

 

Vince Johnson, Broward Alliance, welcomes Cosmo to the City of Deerfield Beach, introduces Resolution 2001/063

 

Vince Johnson, Broward Alliance, stated that the Broward Alliance is the official economic development partnership for Broward County, and the City of Deerfield Beach is a proactive investor in the Broward Alliance.  He said that they keep companies in Broward County by using economic incentive programs funded by the County, the State, as well as local municipalities to retain companies and expand companies within Broward County.

 

Mr. Johnson introduced Cosmo International, an international perfume manufacturer to Broward County and the City of Deerfield Beach.   Currently, Cosmo International is located in the City of Fort Lauderdale with retention issues that hinder their growth at the current site and became a retention project of the Broward Alliance.   He said that Cosmo International is an example of business retention and expansion.  He said there will be retention of 80 jobs into the City of Deerfield Beach and create 40 additional jobs with an average annual salary of $36,000.   The capital expansion for the project is $3.53 million in Phase I.  Phase II would take place in approximately two (2) years.  This would consist of an additional 20,000 square feet of space and is estimated at $1.4 million. 

 

Further, Mr. Johnson stated that Cosmo International is a good corporate citizen and its community focus and would remain sensitive to the community at large.  The company was incorporated in the State of Florida in 1986 and is a part of a group of related entities engaged in distribution and manufacturing and sales of perfume, cosmetics, and jewelry.  The sales revenues continue to increase with the company; and the Company expects over a 15% increase in revenues from 1999-2001 earnings remained strong, which result in a positive net worth of the Company.  Based upon the strength of the Company, as well as the positive return on investment of over 500%. During a four-year period for the City of Deerfield Beach, in taxes and its ability to create value-added jobs, the Broward Alliance recommends approving Cosmo International for Florida's qualified targeted industry incentive and job growth incentive programs. 

 

In addition, Mr. Johnson said that the economic incentive amount of $12,000 under Enterprise Florida Qualified Target Industry Program, $50,000 under the Broward County Jobs Growth Direct Cash Program, and the Broward County Board of County Commissioners has approved the economic incentive at the County level.  He further commended Larry Deetjen, City Manager, Gerald Ferguson, Director of Planning and Growth Management, and staff for their assistance in courting Cosmo International into the City of Deerfield Beach.

 

 

 

 

PRESENTATION - CONTINUED

 

Rodolfo Santamaria, Director of Operations, Cosmo International, thanked Mayor Capellini and the Administration for initiating the opening to have them relocate into the City of Deerfield Beach.  He said that Cosmo International is similar to Avon.  They are the Avon of South America, with investments in five countries, and 75,000 salespople on the road daily selling their products.  Mr. Santamaria stated that they are hoping to enhance the export by having the product filled in their own containers and given directly to the salespeople.  Which operation is currently being performed in Latin America and hope to grow in the City of Deerfield Beach.  He said they are currently providing perfume for major providers.   He further stated that one stockholder, Mr. Velmart, Peru, has given him the opportunity to invest $3.5 million into the City of Deerfield Beach with another $1.5 - $2 million for expansion within the next few years.  Thereafter, he introduced his other colleagues from Cosmo International and again thanked the City for its assistance.

 

MOTION was made by Commissioner Clarke-Reed and Seconded by Vice Mayor Noland  to approve Resolution No. 2001/063 expressing its support to Broward County for the designation of Cosmo International Corporation and its expansion as a "Qualified Target Industry Business" under the State of Florida Qualified Target Industry Tax Refund Program.  Roll Call: YEAS: Commissioner Clarke-Reed, Commissioner Gonot, Commissioner Trinchitella, Vice Mayor Noland and Mayor Capellini.  NAYS:  None.

 

 “Municipal Clerks Week”

 

Mayor Capellini read and presented a proclamation for "Municipal Clerks Week" to Ada Graham-Johnson, City Clerk.

 

Presentation to Dr. Wayne T. Moses, President and Mr. Louis J. Labadini, Vice President, Founder of the Humanitarian Society for donating the "Tree of Life" for the Senior Center.

 

Mayor Capellini also read and presented a proclamation to Dr. Wayne T. Moses, President and Mr. Louis J. Labadini, Vice President, Founder of the Humanitarian Society for donating the "Tree of Life" for the Senior Center.  He thanked them for their support of the Northeast Focal Point Center by donating furniture, various items and financial support for the Center's thrift shop.  And proclaimed April 17, 2001, Dr. Wayne Moses and Mr. Louis Labadini special recognition day.

 

Nancy Richenbach, Director Senior Services, thanked Dr. Moses and Mr. Labadini for all their support.  She said the "Tree of Life donation will bring in $37,000 to the Senior Center when all the leafs on the "Tree of Life" are filled.  So, she encouraged all to make a donation in memory of a love one.

 

 

 

PRESENTATION - CONTINUED

 

 Presentation to Hillsboro Beach Commissioner Connie Caloggero

 

Mayor Capellini further read and presented a proclamation to Commissioner Connie Caloggero, Town of Hillsboro Beach, for her commitment to improving the quality of life for seniors in this community.  He said that Commissioner Caloggero currently serves as the Chair of the North Broward Hospital District Community Relation Board, and voluntarily accepted for the last six years.  She also founded the Women's League of Hillsboro Beach in 1989 whose primary purpose is to conduct annual fundraising events for worthwhile charities.  The League has raised over $1 million for local charities and this year has raised over $135,000 for the Northeast Focal Point CASA, Inc. in Deerfield Beach, a not-for-profit corporation serving Children, Alzheimer's patients, Seniors and Adult Services.

 

Mayor Capellini stated Commissioner Caloggero has assisted in raising $30,000 to fulfill their pledge for the future building and expansion of the Northeast Focal Point.  And proclaimed April 25, 2001 as Commissioner Connie Caloggero day.

 

Again, Nancy Richenbach, Director Senior Services, thanked Commissioner Caloggero she said that the fundraiser will be held Wednesday, April 25, 2001 at the Deerfield Beach Country Club.  The event will consist of a wine and food tasting with 12 restaurants that will be presenting some of their famous entrees.  The VIP hour would be from 5:00 - 6:00 p.m., honoring Commissioner Caloggero and to meet the shelf's, cost $100 per person.

 

E.  WRITTEN REQUEST TO ADDRESS THE COMMISSION

 

Beulah Hill, Common Highlands Homeowners Association, regarding code enforcement of trash pick-up, lighting and keeping area clean.

 

Johnnie Mae Singletary, Commons Highlands Homeowners Association complained about the trash that is in the right-of-ways of the Park Ridge Estates which was recently annexed into the City complained that Waste Management is not picking up the bulk trash. And although Code Enforcement is siting the homeowners, the trash in the right-of-ways is not pickup and whiich causes the neighborhood to deteriorate.

 

Larry Deetjen, City Manager, stated that Mrs. Singletary is not the first resident to complain about the trash not being picked up by Waste Management.  He said that prior to the area being annexed into the City of Deerfield Beach, the Broward County Commissioners approved a long-term agreement with Waste Management.  Therefore, State Statutes does not allow the City of Deerfield Beach to pick up the bulk trash.  He said that Staff will contact Waste Management regarding this matter because they  are suppose to pickup the bulk trash twice a week just as the City,

 

WRITTEN REQUEST TO ADDRESS THE COMMISSION - CONTINUED

 

In addition, Mr. Deetjen requested that Ms. Singletary and Ms. Hill provide specific homes and locations so that Code Enforcement can pursue this matter. 

 

Ms. Singletary further complained about streetlights not being installed in the neighborhoods.

 

Mr. Deetjen stated that FPL was requested to upgrade street and intersection in the subject area to be consistent with the same standard as that of the City of Deerfield Beach.  He again requested that specifics be provided to further review this matter.

 

Ms. Singletary stated that many if not all of the streets are without lighting.

 

Commissioner Clarke-Reed stated that there is absolutely no lighting in the subject area, with the exception of Park Ridge Elementary School.  She said that she has discussed this matter on numerous occasions and nothing has transpired. And this area has been annexed into the City approximately two years ago, and lighting has still not been installed.  She further commented on the fact that she complained that the Broward Sheriff Office was not providing street patrol and answering calls, at night due to the lighting.

 

Mr. Deetjen recommended that the City Commission authorize him to request that FPL conform to the City's request.

 

MOTION was made by Vice Mayor Noland and Seconded by Commissioner Gonot to direct the Administration to forward a letter to FPL requiring them to conform to the City's request.

 

In response to Commissioner Clark-Reed's question, Mr. Deetjen replied that FPL has been contacted and they advised that the lights would be installed when time is allotted. 

 

Commissioner Clarke-Reed stated that said response is totally unacceptable, and the City should not accept such an answer especially when there has been children killed on said streets due to inadequate lighting.

 

After further discussion regarding Ms. Singletary and Ms. Beulah Hill's complaints, Mayor Capellini recommended that the City Manager and Staff meet with them to resolve the matter.

 

Commissioner Trinchitella suggested that the City not pay FPL or Waste Management until they conform to the City's request. 

 

Andrew Maroudis, City Attorney, stated that he would have to review this prior to the City not paying the bill for legality purposes. 

 

WRITTEN REQUEST TO ADDRESS THE COMMISSION - CONTINUED

 

Bealah Hill, President, Common Highlands Homeowners Association, reiterated the complaints of Ms. Singletary and said that the swale areas are not kept clean by the homeowners and although Code Enforcement has sited them, the trash remains.  Therefore, she requested that further action be taken to correct the matter.

 

Mr. Maroudis stated that there are several steps that can be explored to attempt to rectify this problem.  First, to enforce as a judgement.  Second, consider prosecuting as a municipal code violation in County Court.

 

Mr. Deetjen said that in order for the subject area to be successful, the neighbors must get involved in cleaning their area to improvement and beautify the neighborhood. 

 

Commissioner Gonot recommended that notice be included in the utility bills to educated the community/homeowner to assist in keeping the swale area cleaned.

 

After further discussion regarding this matter, it was the consensus of the Commission to have the City Manager and Staff meet with Ms. Singletary and Ms. Beulah Hill on tomorrow morning, April 18, 2001, at 9:00 a.m.

 

Commissioner Trinchitella stated that this type of situation would continue to reappear before the City Commission.  He said that there is possibility that 20,000 people have been annexed into the City in the future that would require the same attention as the subject association.  He said that the County was required to allocate $200,000 or more to the City to improve the area that was annexed, Crystal Lake and Park Ridge Estate area but did not. And the same problem will be inherited, i.e. Waste Management and FPL.  He recommended that the Commission contacted the County Commission and required that they provide the funds that were required.  The County has invested $200 million on infrastructure at the South end of the County, Hollywood area, and was suppose to do the same in the north end, but did not do anything.  

 

Commissioner Trinchitella further recommended that the City Commission must inform the Legislature Delegation of the infrastructure, otherwise those annexed into the City will experience the same problem.

 

F.  PUBLIC HEARINGS - CHANGE OF USE

 

The following items were pulled for discussion, F1, F2, F6, F9 and F11.

 

            ITEM  F-1 TAPE 1, COUNT 2053

 

            Change of Use Application – Open Door Bible Church

 

F.  PUBLIC HEARINGS - CHANGE OF USE - CONTINUED

 

            COMMENTS: Change of use from merchant (Sportscards Unlimited) to a

            church. Located at 2243 West Hillsboro Boulevard.

 

Gerald Ferguson, Director of Planning and Growth Management, stated Open Door Bible Church, 2243 W. Hillsboro Boulevard, Shoppes of Hillsboro, was approved by the Commission at its April 20, 1999 meeting with a membership limit of 25 due to parking requirement.  The Church is now requesting that they be allowed to relocate and hold services in the bay two doors away, 2247 W. Hillsboro Boulevard, and keep the existent bay for administrative offices.

 

Ken Casse, Pastor, Open Door Bible Church, stated that they have requested to move because their current neighbor is a reptile store and has not taken care of the smell in the bay, so the landlord has allowed them to move two bays down.

 

In response to Commissioner Trinchitella's question, Mr. Ferguson stated that they has not been any complaints regarding the Church in the two years that they have been there and it is located in Commissioner Gonot's district.

 

MOTION was made by Commissioner Gonot 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 F-2 TAPE 1, COUNT 2118

 

            Change of Use Application -  Fast Cash Money Corporation

 

            COMMENTS: Change of use from podiatrist to business consultant services (no loan, no check cashing). Location is 1668 West Hillsboro Boulevard.

 

Gerald Ferguson, Director of Planning and Growth Management, stated that although the name of the business is Fast Cash Money Corp, it is not a check-cashing store but provide business consultant services and money transfer.  He said their license would indicate for clarification restriction that no check cashing or loans would be allowed.

 

Commissioner Trinchitella asked why is the applicant retaining the name "Fast Cash Money Corporation?"

 

Judy Ana Qualino, 3961 N Federal Highway, stated that because the corporation has offices in California, Orlando and other parts of Florida. She said that the services that they provide are organizational and translation services, as well as the transfer of money in the United States and other countries.  They have obtained Florida licenses with the Department of Banking and Finance that was submitted with the name Fast Cash Money Corporation

PUBLIC HEARINGS - CHANGE OF USE - CONTINUED

 

Pedro Porto-Filho, 8210 Cleary Boulevard, #2106 Plantation, Florida, stated that they are an agent for the Orlando Corporation and the licenses has been extended for remittance.  He said that they are directly related to the Brazil market wire transfer between Brazil and the United States.

 

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

 

            ITEM F-3 TAPE 1, COUNT 2050

 

            Change of Use Application – Kristal’s Atelier Designs and Alterations, Inc.

 

            COMMENTS: Change of use from merchant (Quality Magnifying Service) to alteration services. Location is 4040 West Hillsboro Boulevard.

 

There was no discussion on this item.

 

            ITEM F-4 TAPE 1, COUNT 2051

 

            Change of Use Application – Weber Accessibility Systems, Inc.

 

            COMMENTS: Change of use from business office (Forward Industries) to elevator contractor. Location is 1802 Green Road, Suite E.

 

There was no discussion on this item

 

            ITEM F-5 TAPE 1, COUNT 2051

 

            Change of Use Application – Med-Care Pharmacy, Inc.

 

            COMMENTS: Change of use from business office (Bendinger Uniforms) to mail order pharmacy. Location is 65 N.E. 3 Avenue.

 

There was no discussion on this item.

 

            ITEM F-6 TAPE 1, COUNT 2216

 

            Change of Use Application – Bella Tours & Travel

 

            COMMENTS: Change of use from merchant (UAI Brazilian Store) to travel agency. Location is 626 South Federal Highway.

 

 

PUBLIC HEARINGS - CHANGE OF USE - CONTINUED

 

Gerald Ferguson, Director of Planning and Growth Management, stated that the Bella Tours & Travel is a travel agency to be sharing space with another Brazilian Store, and is not a normal accessory use to have a travel service with a convenient store.  He said that the clients coming to the travel agency are not the same as those of the convenient store so parking would be a concern.

 

In response to Commissioner Clarke-Reed question, Mr. Ferguson stated that in regards to co-locating the two businesses in the same building, the zoning is a permitted use.   

 

Belizana  S. Martignetti, 3250 SW 154 Court, Deerfield Beach, Florida, stated that the travel agency clients would be the same as those using the convenient store so they would not need additional parking spaces.

 

Vice Mayor Noland asked where is the business located?

 

Mr. Ferguson replied in the Deerfield Square Shopping Center.

 

Vice Mayor Noland stated that the shopping center currently has parking problem.  Therefore, it is impossible to take one business and adding another, that would require additional parking spaces.

 

Mr. Martignetti stated that they would not be placing any signs outside to solicit business.

 

Commissioner Clarke-Reed asked if the parking requirement the same for a convenient store as it is for a travel agency?

 

Mr. Ferguson replied that a convenient store would require more.  A convenient store in the subject-shopping plaza would require one space for every 150 square feet. And a travel agency would require one space for every 300 square feet. 

 

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

 

            ITEM F-7 TAPE 1, COUNT 2050

           

            Change of Use Application – Web Service Company, Inc.

 

            COMMENTS: Change of use from distributor (Logan Pharmaceutical) to business office, repair service. Location is 1320 S.W. 32 Way.

 

There was no discussion on this item.

PUBLIC HEARINGS - CHANGE OF USE - CONTINUED

 

            ITEM F-8 TAPE 1, COUNT 2050

 

            Change of Use Application – Century Plaza Associates

 

            COMMENTS: Change of use from restaurant to business offices – physical therapy. Location is 1868A West Hillsboro Boulevard.

 

There was no discussion on this item.

 

            ITEM F-9 TAPE 1, COUNT 2050

 

            Change of Use Application – Stephen Goldin, D.C.

 

            COMMENTS: Change of use from consignment shop (Hanky Panky’s) to chiropractor’s office. Location is 2745 West Hillsboro Boulevard.

 

Gerald Ferguson, Planning and Growth Director, requested that this item be discussed under Item G-1

 

            ITEM F-10 TAPE 1, COUNT 2050

 

            Change of Use Application – Go Falcon Enterprises, Inc.

 

            COMMENTS: Change of use from general contractor (J. Dimarzo Construction) to business office. Location is 233 Goolsby Boulevard.

 

There was no discussion on this item.

           

            ITEM F-11 TAPE 1, COUNT 478

 

            Change of Use Application: Centro Cristiano 1ra

 

            COMMENTS: Tabled from March 20, 2001 Commission Meeting. Change from retail (Flowers by Linda) to personal service. Location is 12 NE 2 Avenue.

 

Gerald Ferguson, Director of Planning and Growth Management, stated that the Commission previously tabled this item.

 

Vice Mayor Noland stated that this item was tabled and staff was directed to meet with the applicant and come to some resolution regarding the location.

 

Larry Deetjen, City Manager, stated that he requested that Carlos Baia, Economic Development Manager, to schedule a meeting with the applicant with himself, Mr. Baia and Mr. Ferguson and they were advised of the plans for the target area and the City Hall Business District.  As well as the efforts in

 

PUBLIC HEARINGS - CHANGE OF USE - CONTINUED

 

revitalizing the subject area.  He said that they explained to the applicant that there was incapability with their proposed use in the subject district and that the City would assist them with other sites. 

 

Mr. Deetjen further stated that the applicant expressed a difficulty in finding comfortable space, and the City provided them with suggestion.  Therefore, the Administration position is that the request be denied to locate in the business district.

 

Claudia Rivera, Agent, stated that they met with the City Administration and Staff and thanked them for their assistance.  However, they would like to have the subject site because the rent is within their budget.  She said that their lease will be for two years and has received a letter from the landlord, William Oakley, as well as correspondence by other tenants in the plaza supporting them locating in the area.  Ms. Rivera stated that the office will be open during the day to schedule appoints for evenings.  She said the outreach center is to assist the people, and after the two-year lease, they hope to have established a large business, so, that financially they would be able to move to a larger facility.

 

Commissioner Clarke-Reed asked if at the end of the two-year lease period, would Ms. Rivera and the outreach center did not find a sufficient space would they not renew the lease?

 

Ms. Rivera said that is correct, they would not renew the lease.

 

Commissioner Clarke-Reed asked if Mr. Oakley has placed the two-year lease non-renewal in the correspondence.

 

William Oakley, Landlord, 12-48 NE 2nd Avenue, Deerfield Beach, stated that the times of operation would be in the evenings and not effect the parking.  He said that it would nice to come to the downtown Deerfield area and see pleasant activities in the evening instead of the bar activities and empty streets.  Therefore, he is in favor of the organization locating in the area and believes in the program.  And will agree with a two-year stipulation on the lease.

 

Vice Mayor Noland stated that there was not a stipulation on the lease, but the area is apart of the redevelopment area.  He said the DOT will be completing the Dixie Highway corridor and currently the business owners have not encouraged café' and other attractive businesses to the area.

 

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

 

PUBLIC HEARINGS - CHANGE OF USE - CONTINUED

 

Mayor Capellini did not vote on this item because he left the room temporally.

 

.Motion to deny failed.

 

Vice Mayor Noland explained that she was voting to deny the request and asked if the Commission was confused on the vote.

 

Commissioners Clarke-Reed and Trinchitella said they were not in favor of denying the request.

 

Andrew Maurodis, City Attorney, stated that the Commission would need a motion in the affirmative to approve the request for a two years.

 

Commissioner Clarke-Reed recommended that the request be a approve with the stipulation for the two-year lease.  At the end of the two-year lease, the organization must relocate.

 

MOTION was made by Commissioner Clarke-Reed and Seconded by Commissioner Trinchitella to approve the request for the period of the two-year lease. Roll Call: YEAS: Commissioner Clarke-Reed, Commissioner Gonot, Commissioner Trinchitella.  NAYS:  Vice Mayor Noland.

 

Mayor Capellini did not vote on this item because he left the room temporally.

 

There was no discussion on Items F3 - F5, F7, F8 and F10

 

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.

 

MOTION was made by Commissioner Clarke-Reed and Seconded by Vice Mayor Noland to approve items F3-F5, F7, F8 and F10. Roll Call: YEAS: Commissioner Clarke-Reed, Commissioner Gonot, Commissioner Trinchitella, Vice Mayor Noland and Mayor Capellini.  NAYS:  None.

           

G.    PUBLIC HEARINGS

 

            ITEM G-1 TAPE 1, COUNT 2833

 

            Case No. 1766 and Change of Use, Stephen Goldin

 

            COMMENTS: Seeking TECHNICAL DEVIATION from parking Requirements for 4 parking spaces; AND also seeking Change of Use approval (previous use: consignment store) – 2745 West Hillsboro Boulevard.

PUBLIC HEARINGS

 

Gerald Ferguson, Director of Planning and Growth Management, stated that included in the Commission's backup material is a letter from Dr. Steven Goldin, D.C., requesting a Technical Deviation to allow an addition four (4) spaces for 546 square feet of space, previously Hanky Panky's Consignment Store, 2745 West Hillsboro Boulevard. He said that Dr. Goldin has indicated that due to his scheduling of appointments, he would not need the additional four (4) spaces that the Code requires.

 

Commissioner Gonot asked what are the office hours?

 

Dr. Goldin replied from 8:30 a.m. - 12:30 p.m. and from 3:00 - 6:00 p.m.  He said that the deli in the shopping center busiest time is from 12:00  noon - 3:00 p.m,, at which time he takes lunch.

 

Commissioner Gonot stated that the deli have high traffic between the hours of 11:30 - !2:30 and asked if Dr. Goldin could adjust his hours accordingly.

 

Dr. Goldin replied yes.

 

In response to Mayor Capellini's question, Dr. Goldin stated that he generally sees approximately four patients per hour which are not scheduled simultaneous and continued to explain his weekly schedule.

 

Mayor Capellini asked how many spaces is required by the Code.

 

Mr. Ferguson replied that the Code requires six spaces.

 

After further discussion regarding the parking problem, Commissioner Gonot requested that the item be tabled until the May 1, 2001, City Commission Agenda to allow for further review of the matter.

 

MOTION was made by Commissioner Gonot and Seconded by Vice Mayor Noland to table the item until May 1, 2001, City Commission meeting. Roll Call: YEAS: Commissioner Clarke-Reed, Commissioner Gonot, Commissioner Trinchitella, Vice Mayor Noland and Mayor Capellini.  NAYS:  None.

 

            ITEM G-2 TAPE 1, COUNT 3174

 

            Case No. 1767 and Change of Use - UAI Store and Restaurant, Inc.

 

            COMMENTS: Seeking Technical Deviation from parking requirements for 5 parking spaces; AND also seeking Change of Use approval to add take-out and eat-in food service to an existing Retail (convenience store) business – 626-628 South Federal Highway.

 

 

PUBLIC HEARINGS - CONTINUED

 

Gerald Ferguson, Director of Planning and Growth Management, stated that this the same location but a different applicant requesting an additional five (5) parking spaces.  Currently, there are parking problems at the subject shopping center.

 

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

           

H.    QUASI-JUDICIAL HEARINGS

 

            ITEM H-1 TAPE 1, COUNT 3269

           

            Sign Variance Case No. 567 – Pop’s Fish Market

 

            COMMENTS: Seeking a Variance from the provisions of Section 102-9 (b) of the Deerfield Beach Land Development Code in order to erect a monument sign which will be 24 square feet in size rather than 15 square feet – 131 West Hillsboro Boulevard.

 

Gerald Ferguson, Director of Planning and Growth Management, stated that Pop's Fish Market, 131 West Hillsboro Boulevard, has requested to erect a monument sign.

 

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

 

I.        GENERAL ITEMS

 

            ITEM I-1 TAPE 1, COUNT 3298

 

            Vacation and Abandonment of Right-Of-Way

 

            COMMENTS: Gerald Ferguson, Director of Planning & Growth Management, to discuss the vacation of the South one-half of the right-of-way of what would be S.E. 15th Street, east of Federal Highway, vacated by Lighthouse Point

 

Gerald Ferguson, Director of Planning and Growth Management, stated that Lighthouse Point vacated the south one-half of the right-of-way of what should be SE 15th Street east of Federal Highway years ago.  And half of right of way is vacated and unimproved and does not serve any public purpose.  Therefore, staff is

GENERAL ITEMS - CONTINUED

 

staff is requesting direction from the Commission to proceed with the vacation and abandonment of right-of-way.

 

In response to Vice Mayor Noland's question, Mr. Ferguson stated that the north side would become a part of Deerfield Beach and explained the approval process.

 

MOTION was made by Vice Mayor Noland and Seconded by Commissioner Clarke-Reed to direct staff to proceed with the abandonment of the subject right-of-way. Roll Call: YEAS: Commissioner Gonot, Commissioner Trinchitella, Vice Mayor Noland and Mayor Capellini.  NAYS:  None.

 

Commissioner Clarke-Reed did not vote on this item because she left the room temporally.

 

Vice-Mayor Noland further requested that the City review the abandonment of the property near Deerfield Beach Middle School regarding the Brookfield Gardens walkway.

 

            ITEM I-2 TAPE 1, COUNT 3346

           

            Appeal of Board of Adjustment Decision – Case No. 1758, Charles Bruttell

 

            COMMENTS: Appealing BOA decision denying variance for dock property located at 1306 S.E. 12 Terrace.

 

Gerald Ferguson, Director of Planning and Growth Management, Director, stated that the Board of Adjustment denied the variance and the applicant has appealed the Board's decision.

 

Vice Mayor Noland stated the Board asked the question if the deck was 12 or 17 inches about the seawall, which was never answered.  And the Code requires that the deck be aligned with the seawall.

 

MOTION was made by Vice Mayor Noland and Seconded by Commissioner Gonot to uphold the Board's decision. Roll Call: YEAS: Commissioner Clarke-Reed, Commissioner Gonot, Commissioner Trinchitella, Vice Mayor Noland and Mayor Capellini.  NAYS:  None.

           

 

 

 

 

 

 

 

GENERAL ITEMS - CONTINUED

 

 

            ITEM 1-3 TAPE 1, COUNT 3460

 

            Review of Decision of Board of Adjustment – Case No. 1756, Joseph Floyd

 

            COMMENTS: Seeking Variance to allow a 6 foot tall chain link hedge to be located in the required front yard. The fence will be located 2 feet from the front property line. The Code requires fences to be set back at least 25 feet from the property line and allows hedges to be no taller than 4 feet – 1031 S.W.8 Avenue.

 

There was no discussion on this item.

 

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

 

            ITEM I-4 TAPE 1, COUNT 3428

 

            Adoption of street by Deerfield Beach Seventh-day Adventist Church.