CITY OF DEERFIELD BEACH
REGULAR CITY COMMISSION MEETING MINUTES
Thursday, June 14, 2001 at 4: 00 P. M.

The meeting was called to order at 4: 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 (tardy 4: 15 p. m.)
Mayor Albert Capellini, P. E.

Also Present: Larry Deetjen, City Manager
Andrew Maurodis, City Attorney
Lynn Barnes, Acting 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.

APPROVAL OF THE MINUTES
None
ACKNOWLEDGEMENT OF BOARD MINUTES
Code Enforcement Board, May 14, 2001
Planning & Zoning Board, May 3, 2001

There was no action taken on this item.
PRESENTATION
Community Improvements Video -The community video included an overview of
construction of the new Water Plant and also a preview of the upcoming Mango
Festival.

Carlos Baia announced that Deerfield Beach is a finalist in the competition for the All
America's City award. This award recognizes community spirit and grass-roots
involvement which Deerfield Beach has in abundance. Some of the participants from
the Westside Park Program gave a brief performance of the presentation they have
planned for the upcoming event. Mr. Baia further stated that they are taking as many
residents on the trip to Atlanta as possible and in an effort to defray costs are asking for
contributions.

Frank Volinsky, S& B Marine Engineering regarding utility connection. Mr. Volinsky said
he is a consultant for Joseph Nastasi who is the owner of the property. August 15, 2000
the plat was approved by the Commission and has recently been approved by Broward
County as well. However, the issue is there are no utility connections on the property,
and attempts to have the adjacent property owners consent to allow hook-up at the end
of N. E. 9 Avenue have been to no avail. This has been on-going for three years. A
hearing was scheduled April 2, 2001 to have the courts assess a value to the easement
and a "fair market value" would be paid for the use of the property. The attorney for the
adjacent property owner appeared at the hearing and argued against a value being
placed on the property at this time and attached additional issues as well. He continued
by stating that the attorney representing Mr. Nastasi and himself advised that this could
end up in Appellate Court and could take an additional year or more to resolve. Mr.
Volinsky asked that the City Commission proclaim eminent domain or to act as a
catalyst to help resolve this matter.

City Attorney, Andrew Maurodis said the City has a responsibility to provide water and
sewer to all residents. Mr. Maurodis suggested that the easement be condemned at the
cost of the person platting the property.

Mayor Capellini asked Mr. Maurodis to specifically outline what directive the
Commission needs to give him in order to put it to a vote.

Mr. Maurodis said that the Commission would need to instruct him to begin the
procedures for condemnation concurrent with an agreement from the owner of the
property agreeing to pay legal fees and fees associated with the condemnation act.

Mayor Capellini asked how these fees would be determined and was answered by Mr.
Maurodis that an appraisal would need to done and that the owner would incur these
fees as well. Also the owner would be asked to put up an irrevocable letter of credit that
the City could draw on at will.

MOTION was made by Commissioner Trinchitella and Seconded by Commissioner
Clarke-Reed to begin the process of the condemnation act, order the appraisal and
have owner submit letter of credit.. Roll Call: YEAS: Commissioner Clarke-Reed,
Commissioner Gonot, Commissioner Trinchitella, Vice Mayor Noland and Mayor
Capellini. NAYS: None.

Commissioner Trinchitella regarding touch screen voting for Broward County.
Commissioner Trinchetta was contacted by Miriam Oliphants office asking all cities in
Broward County to adopt a resolution supporting the touch screen voting machines.
These machines will replace the existing, outdated machines that caused so much
trouble and confusion in the past elections. The new voting machines will be paid for by
Broward County.

MOTION was made by Commissioner Clarke-Reed and Seconded by Vice Mayor
Noland to adopt a resolution for the new touch screen voting machines. Roll Call:
YEAS: Commissioner Clarke-Reed, Commissioner Gonot, Commissioner Trinchitella,
Vice Mayor Noland and Mayor Capellini. NAYS: None.

Mayor Capellini read Resolution for Urban Forest Initiative to increase tree canopy in
Broward County.

MOTION was made by Commissioner Clarke-Reed and Seconded by Vice Mayor
Noland to adopt Resolution 2001/ 092 supporting the Urban Forest Initiative. Roll Call:
YEAS: Commissioner Clarke-Reed, Commissioner Gonot, Commissioner Trinchitella,
Vice Mayor Noland and Mayor Capellini. NAYS: None.

Representative Weissman reporting on uncoming annexation policy. Representative
Weissman thanked the City of Deerfield Beach, Administration, the Mayor and the
Commission for his office space. And said for the citizens of District 90 to stop by
anytime they needed to that he and his staff have an open door policy and would be
happy to speak with anyone.

A bill that recently passed, and is waiting for the Governor's signature, is the bill
regarding billboards which will make it almost impossible for cities to remove billboards
and without great expense.

Furthermore, the education budget did not provide the money thought necessary to
provide for education however $175,000,000 was provided in tax breaks for mostly
wealthy Floridians, which would have provided about 5,000 new teachers. Over the next
ten years it is estimated that there will be a shortage of approximately 160,000 teachers
in the State of Florida and will be competing against every state in the nation.
Massachuttes is giving a signing bonus of $20,000 for new teachers. An $850 signing
bonus was authorized in this legislation. Recently a teacher in Miami-Dade was offered
twice the salary in the State of Georgia as she was making working for the Dade County
School System.

The nursing home industry was facing a major crisis and some relief and additional care
was granted for the 7,000 residents in the nursing homes in the State of Florida.

Reapportionment will be addressed at the next session. The calendar for next year will
be January 22 through July, 2002 which means that the local bills will be moved up as
well including annexation. Maps of District 90 was distributed to the Commission
showing population numbers.

Mayor Capellini said there would be a meeting at 2: 00 in Parkland at 2: 00 P. M. on
Friday, June 15, 2001 regarding annexation.
Representative Weissman continued by saying there would be a "Family Fun Day" for
District 90 in Deerfield Beach at Pioneer Park on Sunday June 24, from 1: 00 to 5: 00
P. M.

Lastly, Representative Weissman presented a Proclamation from the Florida House of
Representatives regarding the Fort Riverbend Playground.

WRITTEN REQUEST TO ADDRESS THE COMMISSION
Barbara Dandron, 613 N. W. 43 Way, regarding conference on Velo-Cardio-Facial
Syndrome. Ms. Dandron announced the conference will be held on July 20 through July
22, 2001 at the Deerfield Beach Hilton. More than two hundred people are expected to
attend including doctors, scientist and therapists. One in every 2000 births are affected
by VCFS. Many children go undiagnosed until severe complications arise such as;
congenital heart disease, low to absent immune systems, feeding disorders,
developmental delay, hearing and speech loss, leg pain, bi-polar disorder, just to name
a few. The purpose of the conference is for education and to seek funding. Donations
are desperately needed for further research.

Rick Pribell, 216 S. E. 19 Avenue, regarding the beach area. Mr. Pribell expressed
concern regarding traffic at the Hillsboro Boulevard and A1A intersections. The
problems are heightened on week-ends, holidays and during season. The problem is
further compounded by the J. D. Butler Bridge and the approved development of the
Ocean Plaza. After conversations with FDOT Mr. Pribell determined that the City is
responsible for the future traffic flow. And said this would normally be the responsibility
of FDOT but since the inception of the CRA this responsibility now lies with the City
Commission. Mr. Pribell continued by asking for a statement from the Commission
advising how they intend to resolve this future traffic flow problem.

Vice Mayor Noland said she encouraged Mr. Pribell to come before the Commission
after he had contacted her asking about the various traffic calming committees in
surrounding communities. She further explained to Mr. Pribell that if he and his fellow
neighbors had concerns, this would be a way for them to become actively involved in
helping to resolve the traffic problems.

Mayor Capellini clarified that the City of Deerfield Beach is not responsible for state,
county, or federal roads, and Hillsboro Boulevard and A1A are not city roads. The City
has a concept plan for general flow patterns and suggested that if Mr. Pribell is
interested in forming a committee and coming up with some new concepts, that would
be fine and the cost they would incur could be reimbursed with funds from the CRA as it
becomes available. The developer has to come before the Commission with the site
plans and the CRA can make the determination as to where the curb cuts will be
located.
Mr. Pribell said that they are afraid that the new development will create worse traffic
concerns than already exists and is only trying to be proactive in insuring someone is
overseeing the situation.

Mayor Capellini said there is currently a CRA Conceptual Plan that illustrates general
traffic flow and ideas for realigning Hillsboro Boulevard and A1A and suggested that Mr.
Pribell review said plan.

Vice Mayor Noland said that she would like to make a motion to start a traffic calming
committee by the beach and have Mr. Pribell be part of the traffic calming committee.

Commissioner Clarke-Reed asked if Mr. Pribell was referring to future re-development
at the beach area and inquired if he is asking for a plan to be in place for "future" traffic
problems or is he addressing the "current" traffic problems.

Mr. Pribell answered that FDOT is insistent that they do not have any authority insuring
that re-development is concurrent with traffic. And said he feels it is a possibility that
frontage of the property that is being redeveloped should be given to FDOT to create an
island, since A1A is a two-way road, in an effort to re-direct the traffic.

F. PUBLIC HEARINGS -CHANGE OF USE
ITEM F-1

P. H. 2001/ 099 -Applicant: Fast Forward Communications, Inc.
COMMENTS: Location: 1351 S. Military Tr.
Proposed Use: Retail Cell Phone Sales
Previous Use: Travel Agency (Nice & Easy Travel)

ITEM F-2
P. H. 2001/ 100 -Applicant: Canario & Company, Inc.
COMMENTS: Location: 61 N. E. 3 rd Ave.
Proposed Use: Design Center Business Office
Previous Use: Caterer/ Take-Out Restaurant (Lewis & Bowe Jamerican
Take-Out)

There was no discussion on Items F-1 through F-2.
MOTION was made by Commissioner Clarke-Reed and Seconded by Vice Mayor
Noland to close 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 F-1 through F-2. Roll Call: YEAS: Commission
er Clarke-Reed, Commissioner Gonot, Commissioner Trinchitella, Vice Mayor
Noland and Mayor Capellini. NAYS: None.

G. PUBLIC HEARINGS
The following Ordinance was read by Charles Seaman, Assistant City Attorney.
ITEM G-1
Proposed Amendment to Land Development Code Pertaining to Check Cashing
Stores

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DEERFIELD BEACH, FLORIDA, AMENDING SECTION 98-3 OF THE CITY
OF DEERFIELD BEACH LAND DEVELOPMENT CODE RELATING TO THE
DEFINITION OF CHECK CASHING STORE TO CLARIFY THE DEFINITION
OF CHECK CASHING STORE; PROVIDING FOR INCLUSION IN THE CITY
LAND DEVELOPMENT CODE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE

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 Vice Mayor
Noland to adopt. Roll Call: YEAS: Commissioner Clarke-Reed, Commissioner Gonot,
Commissioner Trinchitella, Vice Mayor Noland and Mayor Capellini. NAYS: None.

Charles Seaman, Assistant City Attorney read the following Ordinance.
ITEM G-2
Proposed Amendment to Land Development Code Pertaining to
"Community Residential Homes"

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DEERFIELD BEACH, FLORIDA, AMENDING THE CITY OF DEERFIELD
BEACH LAND DEVELOPMENT CODE SECTION 98-93 PROVIDING FOR A
NEW SECTION (h) RELATED TO COMMUNITY RESIDENTIAL HOMES TO
PROVIDE FOR A PROCEDURE CONSISTENT WITH CHAPTER 419,
FLORIDA STATUTES (2000) TO PROVIDE PROCEDURES FOR PROCESSING
APPLICATIONS FOR COMMUNITY RESIDENTIAL HOMES AS DEFINED BY

CHAPTER 419, FLORIDA STATUTES (2000); AMENDING SECTION 98-93( b)
TO PROVIDE FOR A 1,000 FOOT SEPARATION DISTANCE RATHER THAN
1,500 FEET IN ORDER TO COMPLY WITH CHAPTER 419, FLORIDA
STATUTES (2000); PROVIDING FOR INCLUSION IN THE CITY LAND
DEVELOPMENT CODE; PROVIDING FOR SEVERABILITY; PROVIDING
FOR AN EFFECTIVE DATE

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

H. QUASI-JUDICIAL HEARINGS
Mayor Capellini advised that Items H-1 through H-8 are quasi-judicial hearings and
anyone that would like to speak on these items must be sworn in.

Charles Seaman, Assistant City Attorney, placed under oath all individuals, including
staff addressing the City Commission in items H-1 through H-8.

ITEM H-1
P. H. 2001/ 072 -APPLICATION 01-P-158 (Tabled from 6/ 5/ 01)
COMMENTS: Applicant: E. E. SEILER, JR., & ANNE E. SEILER by Bob Smith.
Proposal: to plat a .72-acre parcel to be known as SEILER PLAT. Location: a portion of
the NE 1/ 4 of the NW 1/ 4 of the SE 1/ 4 of Section 6, Township 48 South, Range 43
East, more particularly described in the file, located at 455 South Federal Highway.

Jerry Ferguson, Director of Planning & Growth Management said this item had been
recommended for approval by the Planning and Zoning Board.

MOTION was made by Commissioner Clarke-Reed and Seconded by Vice Mayor
Noland to close the public hearing 2001/ 072. Roll Call: YEAS: Commissioner Clarke-Reed,
Commissioner Gonot, Commissioner Trinchitella, Vice Mayor Noland and Mayor
Capellini. NAYS: None.

Vice Mayor Noland said at the last Commission meeting there had been a question
regarding five (5) parking spots for guests.
Jerry Ferguson said that potion was withdrawn and is not a part of this plat approval.
The site plan was not recommended for approval and is being revised.

MOTION was made by Vice Mayor Noland and Seconded by Commissioner Clarke-Reed
to approve public hearing 2001/ 072. Roll Call: YEAS: Commissioner Clarke-Reed,
Commissioner Gonot, Commissioner Trinchitella, Vice Mayor Noland and Mayor
Capellini. NAYS: None.

ITEM H-2
P. H. 2001/ 087 -APPLICATION 01-RM25-65 and CASE NO. 1760
MOGERMAN, O'LEARY & PATEL V, INC., by Lisa Zelch.

COMMENTS: Proposal: To modify an existing 10-unit apartment complex to add
a pool, reconfigure parking and make associated landscape improvements; AND
seeking a VARIANCE from the provisions of Section 98-88( e) of the Deerfield
Beach Land Development Code in order to allow existing off-street parking,
which must back into a right-of-way, to remain and to allow double stacking in
four of the spaces; AND seeking a VARIANCE from the provisions of Schedule B
of the Deerfield Beach Land Development Code in order to allow 14 rather than
15 parking spaces for ten one-bedroom dwelling units. Location: A .32-acre
parcel described as Lots 27 and 28, Block 6 of OCEAN VUE, located at 612 N.
E. 20 th Avenue.

Jerry Ferguson said this was approved by the Planning & Zoning Board by a vote of 4-
3. Parking spaces will be double stacked (one behind the other).

Mayor Capellini asked Mr. Ferguson for his opinion, if he would approve or deny and
was answered that it is the applicants responsibility to prove a hardship to the
Commission to receive their approval for a variance.

Denis Mealy, applicant, said that these will be one bedroom rentals. Each apartment will
have two parking spaces, but will be back to back. Similar to owning a single family
home with a "one car" driveway, where you would park one car behind the other.

Mayor Capellini asked if they could stipulate in the lease agreement that residents can
only have two parking spaces, and was answered by Mr. Mealy that yes that could be
done.

MOTION was made by Commissioner Clarke-Reed and Seconded by Commissioner
Trinchitella to close the public hearing 2001/ 087. Roll Call: YEAS: Commissioner
Clarke-Reed, Commissioner Gonot, Commissioner Trinchitella, Vice Mayor Noland and
Mayor Capellini. NAYS: None.
Mayor Capellini asked what happens if there are 10 units and 2 parking spaces are
assigned to each unit, that amounts to 20 parking spaces and there are only 14
available.

Mr. Mealey replied said a certain number of units will be restricted to 1 parking space.
Commissioner Gonot asked where visitors would park.
Mike O'Leary, Mogerman, O'Leary and Patel, said there are commercial areas to the
south of the development where guest would be able to park.

MOTION was made by Commissioner Trinchitella and Seconded by Commissioner
Clarke-Reed to approve Item H-2, P. H. 2001/ 087 with conditions that parking be
addressed in their leases.. Roll Call: YEAS: Commissioner Clarke-Reed, Commissioner
Gonot, Commissioner Trinchitella, and Vice Mayor Noland. NAYS: None.

ITEM H-3
P. H. 2001/ 088 -APPLICATION 01-B1-154 Revision 1
WOOLBRIGHT HILLSBORO, LTD., by Denis Beaulieu.

COMMENTS: Proposal: Site plan modification to relocate and reconstruct the
existing Farm Stores structure. Location: A 14.35-acre parcel described as a
portion of the N of the SE of the NE of Section 6, Township 48 South,
Range 43 East, more particularly described in the file, located at 151 S. E. 12 th
Avenue.

Jerry Ferguson said this site is located in the Publix in Palm Aire Plaza. It has
been approved by the Planning & Zoning Board and is in the process of being
platted.

Mayor Capellini asked if this configuration is because of the new Publix.
Bill Swain, Woodbright Development, said yes that is correct. This is to allow
room for the new driveway, a nicer entrance to the shopping center, and also
more room for the expansion of Publix.

Jerry Ferguson said this complies with the CRA request to provide for the space
for the boulevard concept.

MOTION was made by Vice Mayor Noland and Seconded by Commissioner
Clarke-Reed to close the public hearing, P. H. 2001/ 088. Roll Call: YEAS:
Commissioner Clarke-Reed, Commissioner Gonot, Commissioner Trinchitella,
Vice Mayor Noland and Mayor Capellini. NAYS: None.
Mayor Capellini asked when they intend to begin the expansion and was
answered that they are in for permit now and are waiting for the plat on the Farm
Store.

MOTION was made by Vice Mayor Noland and Seconded by Commissioner Trinchitella
to approve Item H-3, P. H. 2001/ 088. Roll Call: YEAS: Commissioner Clarke-Reed,
Commissioner Gonot, Commissioner Trinchitella, Vice Mayor Noland and Mayor
Capellini. NAYS: None.

ITEM H-4

P. H. 2001/ 089 APPLICATION 01-B1-157 and CASE NO. 1770, Phillip
Pierson

COMMENTS: Proposal: Renovation and conversion of an existing 2,725 square-foot
commercial building to office space; AND seeking the following 3
VARIANCES
from the provisions of the Deerfield Beach Land Development
Code: 1) from Schedule "C" to allow parking spaces to be 9 feet by 18 feet in size
rather than 10 feet by 20 feet; 2) from Section 98-88( e) to allow 4 parking spaces
which will require backing into a right-of-way; and 3) from Section 98-80( b) to
allow parking lot landscape buffers 2.5 feet and 3 feet in width rather than 5 feet.
Location: A .166-acre parcel described as Lot 10, less the North 5 feet, Block 1,
EDGECOMB ADDITION TO DEERFIELD, located at 70 S. W. 1 st Court.

Jerry Ferguson said with the exception of the variances that are requested the proposal
meets the code requirements. It has been approved by the Planning & Zoning Board
and the Community Appearance Board.

Derrick Vanderplude, Architect, representing Phillip Pierson, said that the building was
constructed in 1964-65 and is in a sorry state. At present the building is non-conforming
and the idea is to reconstruct the building and bring it into compliance and is located in
an area of Dixie Highway where there is an effort being made to regenerate that
corridor. And continued by stating that Mr. Pierson intends to have his offices located in
this building.

MOTION was made by Vice Mayor Noland and Seconded by Commissioner Clarke-Reed
to close the public hearing 2001/ 089. Roll Call: YEAS: Commissioner Clarke-Reed,
Commissioner Gonot, Commissioner Trinchitella, Vice Mayor Noland and Mayor
Capellini. NAYS: None.

Commissioner Clarke-Reed said she hoped regarding the landscaping they would add
as much color as possible.

MOTION was made by Commissioner Clarke-Reed and Seconded by Vice Mayor
Noland to approve P. H. 2001/ 089. Roll Call: YEAS: Commissioner Clarke-Reed,
Commissioner Gonot, Commissioner Trinchitella, Vice Mayor Noland and Mayor
Capellini. NAYS: None.
ITEM H-5 TAPE 1 COUNT 3350
P. H. 2001/ 090 -APPLICATION 01-B2-90
AMERICAN WAY PLAZA, LLC by Kenneth Carlson.

COMMENTS: Proposal: To construct a 9,786 square-foot retail building.
Location: A 1.063 acre parcel described as Tract A-2, less the West 330 feet
thereof, of ANGLO-AMERICAN PLAT ONE, located at 1151 South Powerline
Road.

This is replacing the restaurant site plan that was originally approved. Planning & Zoning
recommended a landscape buffer rather than a wall since it is so close to a residential area.

Ken Carlson, Architect, representing the owner said he was the architect when the owner was
intending to build a restaurant and there was no discussion of a wall being required at that time.
However, it is everyone's opinion that a landscape buffer would be more aesthetically pleasing
than a wall.

Jerry Ferguson said there was representation from Independence Bay and they are in
agreement that a landscape buffer would be preferable to a wall.

Syl Malone, 13 Capitol Court, Independence Bay, said they have no objection to this particular
building and think it will enhance the area.

MOTION was made by Commissioner Clarde-Reed and Seconded by Vice Mayor
Noland to close the public hearing 2001/ 090. Roll Call: YEAS: Commissioner Clarke-Reed,
Commissioner Gonot, Commissioner Trinchitella, Vice Mayor Noland and Mayor
Capellini. NAYS: None.

MOTION was made by Commissioner Gonot and Seconded by Commissioner
Trinchitella to approve H-5, P. H. 2001/ 090 with the recommendation of the landscape
buffer. Roll Call: YEAS: Commissioner Clarke-Reed, Commissioner Gonot,
Commissioner Trinchitella, Vice Mayor Noland and Mayor Capellini. NAYS: None.

ITEM H-6
P. H. 2001/ 091 -APPLICATION 83-I-3 Revision 1
PIONEER CONCRETE TILE by Robert McIntire.

COMMENTS: Proposal: To construct a 13,864 square-foot addition to an existing
tile manufacturing facility. Location: A 4.86-acre parcel described as Lots 4, 5, 6
and 9, together with the North of Lot 8, Block 9 of POWERLINE INDUSTRIAL
PARK, located at 1340 S. W. 34 th Avenue.
Jerry Ferguson said this proposal is to expand the existing building and is an old site
where they are grandfathered in with the exception of anything new they may want to
add. There are no variances associated with this.

MOTION was made by Commissioner Trinchitella and Seconded by Vice Mayor Noland
to close the public hearing 2001/ 091. Roll Call: YEAS: Commissioner Clarke-Reed,
Commissioner Gonot, Commissioner Trinchitella, Vice Mayor Noland and Mayor
Capellini. NAYS: None.

Mayor Capellini asked Robert McIntire, Architect for owner, if the hours of operation are
going to change in which he replied not to his knowledge.

Gary Reed, representing the owner, said most of the work will be contained inside, and
though they may work two 10-hour shifts there have been no complaints in this regards.

MOTION was made by Commissioner Gonot and Seconded by Vice Mayor Noland to
approve H-6, P. H. 2001/ 091. Roll Call: YEAS: Commissioner Clarke-Reed,
Commissioner Gonot, Commissioner Trinchitella, Vice Mayor Noland and Mayor
Capellini. NAYS: None.

ITEM H-7
P. H. 2001/ 092 -APPLICATION 98-I-67 Revision 1 and CASE NO. 1764
RAPID ROLLOFF & RECYCLING, INC.

COMMENTS: Proposal: Modification of existing site plan to add landscaping and
fencing and to revise on-site traffic circulation; AND seeking a VARIANCE from
the provisions of Section 98-56( a) of the Deerfield Beach Land Development
Code in order to allow work activity to take place outside rather than within a
fully-enclosed building. Location: A 1.3-acre parcel described as Lots 22, 23 and
24 of POWERLINE PARK, together with a portion of the N of the SW of the
SW of the NW of Section 10, Township 48 South, Range 42 East, more
particularly described in the file, located at 1410 South Powerline Road.

Jerry Ferguson explained this is a request for a variance to work outdoors with the
construction demolition debris and re-cycling operation. They are proposing to add
landscaping and fencing to visually screen the outdoor aspect of the operation. It has
been approved by the Community Appearance Board with regards to the landscaping
and fencing material, however the Planning & Zoning Board recommended it not be
approved stating that this type of work activity should not take place outside.

Denis Mealy, representing the applicant, stated this is an area where there is very
heavy industrial activity. The owner has agreed to limit the piles to ten feet in height so
that you may not see it from outside the property. There was a concern that the gypsum
board would smell and the National Gypsum said if handled properly it would not smell.
Dust was another concern, however the Water Management District has given approval
to continue use of the sprinkler system that is used to "tamp" the dust. This system had
not been used since the mandated water restrictions have been in place.

The Commission reviewed the books that had been distributed earlier by Mr. Mealy.
Syl Malone, 13 Capitol Court, Independence Bay, said that when they had previously
made objections, the piles were 35 feet tall. Rapid Rolloff has since cleaned up the area
and there are not further problems with seeing the piles outside of the property.

MOTION was made by Vice Mayor Noland and Seconded by Commissioner Trinchitella
to close the public hearing 2001/ 092. Roll Call: YEAS: Commissioner Clarke-Reed,
Commissioner Gonot, Commissioner Trinchitella, Vice Mayor Noland and Mayor
Capellini. NAYS: None.

Commissioner Gonot expressed his concerns to Mr. Mealy and said allot of things had
changed since the April 20, 1999 Commission Meeting when a representative from
Rapid Rolloff said nothing would ever be left outside. He further asked what guarantees
Rapid Rolloff is giving that they will follow the rules.

Mr. Mealy said the County makes their inspections once a month and they will be happy
to forward the results of these inspections to the City. Also Code Enforcement is
keeping a close eye on Rapid Rolloff.

Commissioner Gonot continued by saying that according to the minutes from that
meeting Rapid Rolloff was having a cash flow problem which was why the "pile" had
gotten so high.

Mr. Mealy said he had read that as well, but felt that was a mis-statement. The
commitment is a ten foot maximum and again, Code Enforcement is keeping a close
eye.

Mayor Capellini said that as long as Independence Bay does not have any objection,
and the promise is kept to keep the height of the piles lower than the wall, it would meet
with his approval.

MOTION was made by Commissioner Trinchitella and Seconded by Vice Mayor Noland
to approve H-7, P. H. 2001/ 092. Roll Call: YEAS: Commissioner Clarke-Reed,
Commissioner Gonot, Commissioner Trinchitella, Vice Mayor Noland and Mayor
Capellini. NAYS: None.

Mr. Mealy said the Commission had instructed the City Attorney to file a
ITEM H-8
P. H. 2001/ 093 -APPLICATION 84-PID-4H Revision 1
COSMO INTERNATIONAL CORP. by Alan Bittman.

COMMENTS: Proposal: Modification of existing site plan to alter portions of the
floor plan, landscaping and loading docks. Location: A 2.714-acre parcel
described as Parcel H of L. C. L. PLAT, located at 601 Fairway Drive.

MOTION was made by Vice Mayor Noland and Seconded by Commissioner Trinchitella
to close the public hearing 2001/ 093. Roll Call: YEAS: Commissioner Clarke-Reed,
Commissioner Gonot, Commissioner Trinchitella, Vice Mayor Noland and Mayor
Capellini. NAYS: None.

MOTION was made by Commissioner Gonot and Seconded by Vice Mayor Noland to
approve H-5, P. H. 2001/ 093. Roll Call: YEAS: Commissioner Clarke-Reed,
Commissioner Gonot, Commissioner Trinchitella, Vice Mayor Noland and Mayor
Capellini. NAYS: None.

I. GENERAL ITEMS

City Attorney, Andrew Maurodis read Resolution 2001/ 094.
ITEM 1-1 COUNT 756 TAPE -1
Resolution 2001/ 094 -Approving an agreement relating to the use and
development of real property with Deerfield Beach Energy Center

COMMENTS: Resolution approving an agreement related to the use and
development of real property with Deerfield Beach Energy Center (DBEC)

Mayor Capellini explained that the following resolution is not an approval of the power
plant rather it is an agreement in the event the DRC approves the Enron Power Plant it
can be used as a negotiating tool for the Commission. And further stated that this is not
a Public Hearing so the public will not be invited to speak.

Andrews Maurodis thanked the attorney's for Enron and the City of Coconut Creek and
said they served a very useful purpose in presenting their arguments. Mr. Maurodis said
that when the Enron issue was first being considered it was his determination and his
understanding that the location of the proposed power plant was in an area zoned M-4
as set forth in Broward County. He then contacted Broward County for re-assurance
that a power plant would be allowed in an M-4 zone and was told that it is permitted.
Coconut Creek had two concerns; if this area was indeed zoned M-4, and is a power
plant approved by the Broward County Land Use Plan. The legislative act adopted in
1990 annexed this property into the city limits of the City of Deerfield Beach. This act
placed a number of conditions on the property and land used and zoned the property.
Council for the City of Coconut Creek pointed out that two sections of the special act
that referred to the implementation of the Broward County Code of Ordinances "as may
be amended" with regards to parking, noise standards, signs, building setbacks,
building heights, and concurrency requirements and other regulations. Council also
cited another area of the code with regards to procedural aspects "as amended" would
be applied. Their conclusion is that "as amended" is the key and these two provisions
governed and argue that the property is in zoning limbo. Mr. Maurodis does not agree
with council and explained that if this were the case residents or property owners in this
area could do anything to their property as they pleased because there would be no
zoning ordinance to enforce. Mr. Maurodis read the portion of the legislature special act
which said; said property is zoned limited heavy industrial, M-4, pursuant to the Broward
County Ordinance as same as exist on the effective date of this act. This reference in
the special act was made 5 pages prior to the section that council for Coconut Creek
was citing when focusing on the "as amended". The Legislature of the State of Florida
took the action of saying this zoning district is M-4 not as "may be amended" but as it
exist as the effective date of this act. The Legislature chose to freeze in time the M-4
zoning in this area. Mr. Maurodis concluded that it is his belief that this property is not in
a "zoning limbo" or a "no zone" area and that M-4 is what the Legislature imposed on
this Commission when this property was annexed into the City of Deerfield Beach.

The second issue was with regards to the Broward County Land Use Plan. Mr.
Maurodis said the definition of "utility" includes power plants.

He continued by saying the final conclusion will be made by the DRC as to whether it
meets the criteria to under M-4 for a power plant.

The Assistant City Attorney for Coconut Creek submitted a letter from the Mayor of the
City of Coconut Creek, for the record, to the City Clerk pertaining to the power plant
issue.

Mayor Capellini recognized the members of the Energy Ad-Hoc Committee who helped
with the issue of the power plant. This Committee held eight public hearings and
submitted a final report of their "fact finding" to the City and the DRC. In addition, the
Commission had directed the City Attorney to find any way possible to challenge the
Broward County Land Use Plan but could find no evidence that the City could, by
zoning ordinances, deny the facility being built. The letter of the law was followed and
even if Broward County is successful in stopping the process by passing a moratorium
against building power plants, the State has submitted a letter that states they think that
Broward County is wrong, and can not enforce the moratorium. He further said that the
signing of the agreement with Enron does not mean that the power plant will be built.
This agreement is strictly a formality in the event that the power plant is found in
compliance and approved by the DRC.

Commissioner Gonot asked to go on the record that he supports Broward County
imposing a moratorium, however the revenue that is realized by this agreement will be
used to help mitigate impacts such as capitol outlay in District 4 in the form of public
service facilities, park and recreation, landscaping, etc.
Mayor Capellini said that if the County is successful in imposing the moratorium it will of
course be honored as well as the City of Coconut Creek challenging the Broward
County Land Use that also will be honored.

Mayor Capellini asked Andrew Maurodis to outline the terms of the agreement.
Mr. Maurodis said the agreement provides that there shall be a landscape plan that
exceeds the Broward County Land Development Code, for the purposes of cost
recovery there will be a payment made in September in the amount of $500,000 and a
$1,000,000 payment made to the City at the time of obtaining the first building permit.
There is a possibility that utility companies may go to the state to exempt themselves
from paying ad volorem taxes to municipalities, so the City Manager wanted to insure
that the City would not have to budget for items such as landscaping, beautification, fire,
etc. He therefore stipulated in the agreement that Enron would pay a minimum of
$1,726,000 per annum (this was calculated on estimated taxes being $1,044,000)
regardless if their taxes decreased from depreciation. Of course if their taxes go up they
will pay more, but if their taxes decrease that will pay a minimum of $1,726,000. The
reasoning for this is that the City will always have to provide a number of services for
the power plant and the City Manager is trying to insure that there is money to cover
these incurred expenses.

Mr. Maurodis concluded by saying the above are the basic terms of the agreement.
Commissioner Trinchitella said that in 1977 a trash burning system was installed at
Waste Management and through the campaigning of the Commission and the citizens
of Deerfield Beach they were forced to install scrubbers and filters. He stated he
personally has had many health concerns, as well as many of his constituants. He
assured that he would never endorse any type of facility that he felt would be harmful to
the residents. And further stated he had fought against the over pass being built at 10 th
street, which in his opinion would have caused environmental problems. This
Commission was instrumental in stopping the ash from being brought in to the land fill
and when the area of land known as Independence Bay was annexed into the City the
Commission fought to have the zoning changed from M-6 to M-3.

Commissioner Trinchitella continued by saying that Century Village is experiencing
black outs and people are getting stuck in elevators. He said that the late Jerry
Thompson, County Commissioner, had the foresight to have the Sawgrass Expressway
built. Today cities such as Weston, Plantation, Miramar are thriving because Mr.
Thompson had the foresight to see what was needed. And concluded by saying that it is
his intention to have the foresight to address the shortage of electricity before it
happens.

MOTION was made by Commissioner Trinchitella and Seconded by Vice Mayor Noland
to approve. Roll Call: YEAS: Commissioner Clarke-Reed, Commissioner Gonot,
Commissioner Trinchitella, Vice Mayor Noland and Mayor Capellini. NAYS: None.
Commissioner Trinchitella thanked Mayor Capellini for all of his efforts and the way in
which he has handled all of the meetings regarding the power plant issue.

Mayor Capellini said the height of the land fill has been increased and dredging permits
which were issued by the County for Crystal Lake, had to be interceded by the City of
Deerfield Beach to stop it. And said he does not understand why the County is stepping
in now, and asked where were they when the height of the land fill was increased and
why didn't they help stop the dredging in Crystal Lake. The population is growing by 2
1/ 2% per year and there is going to be a need for additional power plants to keep up
with the population. The State Energy Department stated that we only have 7% capacity
and said the Miami Herald correctly reported that FPL has 36 plants that are reserve
capacity, however they are 30 years old. The proposed Enron plant is not a reserve
plant, it is a peaking plant and will only be used when needed. The Commission does
not have a right to vote on the power plant, up or down, but does have the right and the
fiduciary duty to make sure the interest of the public is carried out by the fullest extent.
He concluded by thanking the Commission for all of their efforts and support.

Mayor Capellini called for a 5 minute recess.
The Meeting was called to order by Vice Mayor Noland at 5: 30 P. M.

ITEM I-2
Resolution 2001/
-Police Station Roof Repair
COMMENTS: Commission to decide how to pay for repairs of roof and
vote on Resolution

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

ITEM I-3
Risk Management regarding Employee/ Dependent Health Rate Increase
COMMENTS: Commission to hear from Risk Management regarding raising
rates by 10% effective 7/ 1/ 01

MOTION was made by Vice Mayor Noland and Seconded by Commissioner Clarke-Reed
to deny using the "Dimes for Disaster" money. Roll Call: YEAS: Commissioner
Clarke-Reed, Commissioner Gonot, Commissioner Trinchitella, Vice Mayor Noland and
Mayor Capellini. NAYS: None.

ITEM I-4 TAPE 1 COUNT 3450

Resolution 2001/ -FDOT regarding +/-4 acres of surplus property
COMMENTS: FDOT requiring additional resolution stating the +/-4 acres of
surplus property will be used for the FAU Research Park

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

ITEM I-5
Update on Mitigation Operation Center Design/ Phase 1 by the Tamara
Peacock Company, Architects

COMMENTS: Update of the Mitigation Operation Center Design/ Phase 1
Construction of Fire Rescue Station No. 4

MOTION was made by Vice Mayor Noland and Seconded by Commissioner Clarke-Reed
to appoint Richard Sales to the Housing Authority, Donna Canady-Spence to the
Beautification Authority, and Erma Jordan to the School Advisory Board. Roll Call:
YEAS: Commissioner Clarke-Reed, Commissioner Gonot, Commissioner Trinchitella,
Vice Mayor Noland and Mayor Capellini. NAYS: None.

ITEM I-6 TAPE 1, COUNT
Consideration of vacating property between Brookfield Gardens and
Deerfield Beach Middle School

COMMENTS: Consideration by the City to vacate property between Brookfield
Gardens and Deerfield Beach Middle School for parking for Brookfield Gardens

MOTION was made by Vice Mayor Noland and Seconded by Commissioner Clarke-Reed
to table the item until the June 14, 2001 meeting. Roll Call: YEAS: Commissioner
Clarke-Reed, Commissioner Gonot, Commissioner Trinchitella, Vice Mayor Noland and
Mayor Capellini. NAYS: None. COMMISSION MEETING MINUTES June 5, 2001
19
J. CONSENT AGENDA
ITEM J-1
Resolution 2001/ -Contract with C & A Contracting
COMMENTS: Contract for Project No. 11037-P for drainage improvements, N. W.
1 Terrace Hillsboro Boulevard to N. W. 1 Street

ITEM J-2
Resolution 2001/ -Contract with Schlumberger Resource Management
Services

COMMENTS: Contract for purchase of Neptune Water Meters
ITEM J-3
Resolution 2001/ -Contract with U. S. Filter Distribution, Sunstate Meter &
Supply, Inc., Lehman Pipe and Plumbing Supply and Ferguson
Underground

COMMENTS: Contract for the purchase of brass water service fittings
ITEM J-4
Resolution 2001/ -Authorization for Mayor and City Manager to
execute agreement with State of Florida, Department of Community
Affairs

COMMENTS: Agreement relative to the disbursement of funds for emergency
management grants

ITEM J-5
Resolution 2001/ -Contract with Keep Safe Industries
COMMENTS: Contract with Keep Safe Industries for the building and installation
of safe room systems in privately owned homes within the City of Deerfield
Beach

ITEM J-6

Resolution 2001/ -Authorization for the Mayor to execute an amendment to
the agreement with Beached Management, Inc.

COMMENTS: Authorization for the Mayor to execute and amendment to existing
contract with Beached Management

ITEM J-7

Resolution 2001/ -Authorization for City Manager or his Designee to apply
for grant from the Department of Environmental Protection

COMMENTS: Grant from the Department of Environmental Protection for the
Federal Land and Water Conservation Fund Program for the Fiscal Year 2000-
2001

ITEM J-8
Resolution 2001/ -Appoint alternate member of Code Enforcement Board
to regular member

COMMENTS: Commissioner Gonot is requesting to have Chris Higgins
appointed as a regular member to replace Edward Loesch, who has tendered his
resignation from the Code Enforcement Board, effective immediately.

MOTION was made by Commissioner Clarke-Reed and Seconded by Vice Mayor
Noland to adopt J-1 through J-8. Roll Call: YEAS: Commissioner Clarke-Reed,
Commissioner Gonot, Commissioner Trinchitella, Vice Mayor Noland and Mayor
Capellini. NAYS: None.

ADMINISTRATIVE ACTIONS AND CITY MANAGER COMMENTS
City Attorney
No Comments
COMMENTS BY MAYOR AND COMMISSIONERS

PUBLIC TO BE HEARD
ADJOURNMENT
There being no further business, the meeting was adjourned at 9: p. m.

ALBERT R. CAPELLINI, P. E., MAYOR

ATTEST:
______________________________________
LYNN W. BARNES, ACTING CITY CLERK