CITY OF DEERFIELD BEACH
REGULAR CITY COMMISSION MEETING MINUTES
Tuesday, September 4, 2001 at 7: 00 P. M.

The meeting was called to order at 7: 15 p. m. by Mayor Noland on the above date in the
City Commission Chambers, City Hall.

Roll Call:
Present: Commissioner Gwyndolen Clarke-Reed
Commissioner Steve Gonot
Commissioner Amadeo Trinchitella
Vice Mayor Peggy Noland
Mayor Albert Capellini, P. E. -Absent

Also Present: Larry Deetjen, City Manager
Andrew Maurodis, City Attorney
Ada Graham-Johnson, CMC, City Clerk

INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation was offered by Pastor Anthony Davis, followed by the Pledge of
Allegiance to the flag.

APPROVAL OF THE MINUTES
Regular City Commission Meeting -June 19, 2001
Regular City Commission Meeting -August 14, 2001

MOTION was made by Vice Mayor Noland and Seconded by Commissioner Clarke-Reed
to approve the Regular City Commission Meeting minutes of June 19, 2001 and
August 14, 2001 as submitted. Roll Call: YEAS: Commissioner Clarke-Reed,
Commissioner Gonot, Commissioner Trinchitella, Vice Mayor Noland and Mayor
Capellini. NAYS: None.
ACKNOWLEDGEMENT OF BOARD MINUTES
1. City of Deerfield Beach, Code Enforcement Board July 9, 2001
2. Community Appearance Board -June 27, 2001
3. Community Appearance Board July 11, 2001
4. Beautification Authority July 23, 2001
5. Firefighter's Pension Trust Fund June 28, 2001

There was no action taken on this item.
PRESENTATION
Community Improvements Video -A community improvements video showed highlights
of the JM Automotive Youth Training Center, and the City of Deerfield Beach Staff vs
the Deerfield Beach High School Boys Varsity Basketball Team.

Florida Recreation Assistance Program Grant -State Representative Weissman stated
that it is a pleasure to be present at the Commission meeting and said that his office is
located here, in City Hall and welcomed the public to stop by to visit. Continuing,
Representative Weissman presented a check in the amount of $200,000 from the
Division of Parks and Recreation, Florida Recreation Assistance Program Grant for
Westside Park.

Teacher of the Year, 2002 Award -Mayor Capellini read and presented a proclamation
to Henry Brown, III, recipient of the Teacher of the Year, 2002 Award, proclaiming
September 4, 2001 Henry Brown, III day.

Commissioner Clarke-Reed said that Mr. Brown is the Teacher of the Year, 2002 for the
State of Florida as well as Broward County.

Mr. Brown said that he was delighted to accept the proclamation for Teacher of the
Year, 2002 Award and is proud to be a resident of the City of Deerfield Beach. He said
that when named Florida Teacher of the Year, 2002, it was the most exciting day in his
life. Considering that many had indicated that he would not be successful in life, i. e. in
jail or dead. But as an example, he said that failure is a temporary condition, and while
there is life, there is hope.

In addition, Mr. Brown extended an invitation to the Commission to assist the City
wherever possible.

National Pollution Prevention Week -Mayor Capellini read a proclamation proclaiming
National Pollution Week, September 16 22, 2001.
PRESENTATION -CONTINUED
City of Coconut Creek vs. City of Deerfield Beach -Mayor Capellini stated that the City
of Coconut Creek is currently attempting to convince the City of Coral Springs to join
suit against the City of Deerfield Beach, in regards to the Enron Power Plant.

Pompano Beach BSO Facility Vice Mayor Noland stated that the Pompano Beach
Broward Sheriff's Office holding facility has been closed down due to lack of funding
support by Broward County. This has result in deputies being delayed in responding to
calls within their zone because of the extended time that is required of them to drive a
detainee to the Fort Lauderdale facility. Therefore, she recommended that the City
Commission direct the Administration to draft a letter encouraging the Broward County
Commission to provide funding to operate the Pompano Beach BSO Facility.

MOTION was made by Commissioner Clarke-Reed and Seconded by Commissioner
Gonot to direct the Administration to draft a letter for the Mayor's signature encouraging
the Broward County Commission to provide funding to operate the Pompano Beach
BSO Facility. Roll Call: YEAS: Commissioner Clarke-Reed, Commissioner Gonot,
Commissioner Trinchitella, Vice Mayor Noland and Mayor Capellini. NAYS: None.

JM Family of the State Recycling Award -Cheryl Miller, Solid Waste/ Recycling
Supervisor, presented the Recycling Florida Today Institute and Business State
Recycling Award to JM Family Enterprises. She thanked them for encouraging
recycling and their many contributions to the City of Deerfield Beach throughout the
many years. The recipients were Larry McGinnes, Paul Kelburger and Kiernan Moylan.
of JM Family Enterprises.

Commissioner Trinchitella left the meeting at this time due to illness.
E. WRITTEN REQUEST TO ADDRESS THE COMMISSION
2001 World Police Fire Games -Joe Langlois, Broward Sheriff Deputy, thanked the
Commission for their support in sponsoring him in the 2001 World Police Fire Games.
He said that approximately five years ago the Fire Department decided to compete in
various events throughout the world, which challenged the Police Department to
complete in the State Olympics. They also volunteered to support the department in its
endeavors to bring medals and certificates back to the community.

Mr. Langlois stated that he has been competing for approximately 12 years and has
been undefeated in the State of Florida for 11 consecutive years; to include participating
in international and world games for approximately five (5) years. This past year, the
City Commission supported him to compete in Indiana, where he competed in tennis,
singles and doubles. He said he placed runner up second in the singles in the World,
and won the doubles in 2001. And presented a plaque to the Commission for its
continued support in the 2001 World Police Fire Games held in Indianapolis, Indiana,
Winner Men Masters A Doubles, Runner Up Men Masters A Singles.
WRITTEN REQUEST TO ADDRESS THE COMMISSION -CONTINUED
Mango Festival -Andrew Pratt, Chairperson, Mango Festival, and the committee
presented a check in the amount of $10,000 to the City Commission, funds earmarked
for the Community Services Department. He said that the Mango Festival is held
annually, the third weekend of June. They welcomed volunteers and sponsors to make
this festival a continued success.

Request to Waive Platting Fees -Avis Swenson, 265 SE 10 th Street, C-5, Deerfield
Beach, Florida, represent owners of property located at 1401 S. Dixie Highway,
Deerfield Beach, requested that the Commission consider waiving platting fees. She
said they are attempting to rezone the property due to it being split zoning as it currently
stands. Neither part of the property can be built on since there isn't enough property
with landscaping and parking including the building. Thus far, she has been
unsuccessful and requested the Commission's consideration in this matter.

In response to Commissioner Clarke-Reed's question, Ms. Swensen replied that she is
not appealing the Planning and Zoning Board's decision, but requesting that the
Commission waive the platting fees and thereafter, she will appeal the Board's decision.

Commissioner Clarke-Reed stated that the Commission could not waive the platting
fees.

Andy Maurodis, City Attorney, stated that the platting fees could not be waived unless
there is another source to reimburse said fund.

Mayor Capellini stated that when platting, it requires approval by Broward County, which
fees are paid to the County. And the County grants an indefinite loan that does not
require payment until the structure is built.

Ms. Swenson stated that she was advised that to appeal the zoning, she must plat.
Mr. Maurodis replied that is incorrect and stated that the City Commission will hear the
appeal on the rezoning, however, the plat is separate from the rezoning.

Ms. Swenson stated that the rezoning was placed on the August 14, 2001 City
Commission Agenda, but was stricken by Commissioner Clarke-Reed.

Gerald Ferguson, Director of Planning and Growth Management, stated that there are
some rezoning that must take place prior to the platting to be consistent with the zoning.

Mayor Capellini recommended that Ms. Swenson meet with Mr. Ferguson regarding this
matter because it does not require action by the Commission.
F. PUBLIC HEARINGS -CHANGE OF USE
ITEM F-1 TAPE 1, COUNT 772
P. H. 2001/ 175 -Applicant: SN Travel NYC, Inc.
COMMENTS: Location: 199 N. Federal Hwy
Proposed Use: travel bureau
Previous Use: merchant/ repair shop/ private school/ rental management office
(Scuba Network)

ITEM F-2 TAPE 1, COUNT 774
P. H. 2001/ 176 -Applicant: Israel Humanitarian Foundation
COMMENTS: Location: 211 Goolsby Blvd.
Proposed Use: non-profit
Previous Use: wholesale/ contractor (Timeless Wood/ HR Builder)

ITEM F-3 TAPE 1, COUNT 776
P. H. 2001/ 177 -Applicant: Qwest Air Parts, Inc.
COMMENTS: Location: 4100 N. Powerline Rd., Suite D-2
Proposed Use: merchant
Previous Use: sign company (Atlantic Sign & Graphic)

ITEM F4 TAPE 1, COUNT 776
P. H. 2001/ 178 -Applicant: Blaire Window & Screen Co. Inc.
COMMENTS: Location: 1980 N. W. 44 th St., Bay 2
Proposed Use: general contractor
Previous Use: warehousing, auto repair, wrecker service (Capy's Towing &
Recovery Inc.)

ITEM F5 TAPE 1, COUNT 776
P. H. 2001/ 179 -Applicant: Brunier Brazilian Boutique
COMMENTS: Location: 1021 E. Hillsboro Blvd.
Proposed Use: merchant
Previous Use: business office (Tracers Information Specialist)
PUBLIC HEARINGS CHANGE OF USE CONTINUED
ITEM F6 TAPE 1, COUNT 776
P. H. 2001/ 180 -Applicant: J & B Tire Service, Inc.
COMMENTS: Location: 259 S. E. 1 st Ter., Bay 11
Proposed Use: warehousing
Previous Use: mechanical contractor (Steve Harris)

ITEM F7 TAPE 1, COUNT 776
P. H. 2001/ 181 -Applicant: AK Distributors
COMMENTS: Location: 612 S. Military Tr.
Proposed Use: distributor/ wholesale
Previous Use: equipment rental (Crown Bank Leasing)

There was no discussion on Items F-1 through F-7.
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 Vice Mayor Noland and Seconded by Commissioner Clarke-Reed
to approve Items F-1 through F-7. Roll Call: YEAS: Commissioner Clarke-Reed,
Commissioner Gonot, Commissioner Trinchitella and Vice Mayor Noland. NAYS: None.

G. PUBLIC HEARINGS
The following Ordinance was read by Andy Maurodis, City Attorney.
ITEM G-1 TAPE 1, COUNT 787
Ordinance 2001/ -Adopt Millage rate for FY 2002
AN ORDINANCE ADOPTING THE MILLAGE RATE TO BE LEVIED BY
THE CITY OF DEERFIELD BEACH, FLORIDA, FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 2001, AND ENDING SEPTEMBER 30, 2002;
AND STATING THE PERCENTAGE CHANGE IN PROPERTY TAXES AS
SUCH CHANGE IS DEFINED IN FLORIDA STATUTES, SECTION
200.065

The Ordinance was read in its entirety.
PUBLIC HEARINGS CONTINUED
Mayor Capellini stated that State law requires that the adoption of the budget must
follow the adoption of the millage rate.

Andy Maurodis, City Attorney, stated that during the hearing on the millage the public
can discuss the budget, however, there will be a separate public hearing for the budget.
He said that the second public hearing on both the budget and the millage will be held
on Wednesday, September 19, 2001 at 7: 00 p. m. in the City Commission Chamber,
City Hall, City of Deerfield Beach. And that he will make this announcement again at
the end of the meeting, to address the dates and time of the public hearings for the
budget and millage rate.

Mayor Capellini highlighted on the overhead the comparison of the City's operating
budget. For FY2000-2001, the Operating budget millage was 6.2278 and FY 2001-2002
the proposed millage is 6.5392, a five percent increase in the millage rate.
Fortunately, Broward County millage rate for FY2000-2001 of 7.52 is being reduced to
7.4005 for FY2001-2002, a reduction of 1.7%. Also, the School Board of Broward
County millage rate is being reduced from 8.9553 to 8.7451, which results in (2.4%). In
addition, the North Broward Hospital District has increased its millage rate from 3.283 to
3.5238, which results to a 9.5% increase. The total millage rate paid to the County, to
include the City of Deerfield Beach taxes, is 26.2086, last year was 25.9264, results an
increase of 1.1% millage rate.

Continuing, Mayor Capellini highlighted the City's expenditures from 1996 2002. He
said that the two largest departments are Police and Fire Department, which is
approximately 55% of the City's budget, the others, Debt Service, General Government,
Cultural and Recreation, and Physical Environment. He said that their charts indicate a
slight increase in the Fire Department, which is due to the recent annexation.

In addition, Mayor Capellini stated that the City has been able to lower its growth rate, to
below 6% in expenditures, compared to 1986, the expenditure was 14%. There has not
been any additional personnel hired in the City Manager, City Clerk, and the
Management and Budget Offices. Also, there have been decreases in personnel in
Public Works and Human Resources, total non-uniformed employees for FY2002 in the
Broward Sheriff's Office is 18; uniformed there is 99, the same as last year. The total
full time employees from FY2000 to present are 117 people, indicating that there has
been no new staff hired in the last two (2) years.

Further, Mayor Capellini outlined the residential rates across the County for garbage,
recycling, fire, utility taxes, franchise fees, non property tax, taxable value base on
$100,000. The City of Deerfield Beach is 20 th on the list, prior to the FY2002 Budget the
City had no Fire fee or utility tax; there is only three or four communities in the entire
County that does not have a fire fee. There is only three that does not have a utility tax,
they being Deerfield Beach, Tamarac and Hillsboro Beach. Considering the $50 fire
PUBLIC HEARINGS CONTINUED
assessment fee, would keep the City at the low end of the chart, total comparison to
others for a house of $100,000, would be $1,019.82 compared to the highest being, the
City of Hollywood, the same house would be $1,420.51.

In conclusion, Mayor Capellini stated that the total budget for FY2001-2002 has
increased 10.3%; General Fund increased -7.8%; Senior Services (11.4%);
Revenues Sharing (2%); Franchise Fees, Road and Bridge has increased. The City's
total dollar change is $7,898,226; an increase from $76,653,000 to $84,552,000. He
said that the Commission is in the process of having budget workshops and anticipates
a slight tax increase this year but hope to minimize said increase as much as possible.
He further stated that the proposed millage rate has been advertised therefore, the
Commission cannot exceed said rate.

Mr. Maurodis stated that a 10% increase was indicated and in adopting the tentative
millage rate, the Commission will be adopting the maximum 10% that was sent to the
notices to the property owners. However, the rate can be lower at the second and final
reading held by the City Commission on September 19, 2001, but it cannot be raised.
For that reason, the City Commission is adopting the budget with a total proposed
millage of 6.8506.

James McGeary, 1442 SE 6 th Street, Deerfield Beach, Fl, expressed concerns with
regards to the millage rate of 6.8506 quoted by Mr. Maurodis, and the chart reflected
6.5.

Mayor Capellini stated that the 6.5 rate is the budget rate and the 6.8506 was
published.

Commissioner Gonot stated that the 6.8506 is the maximum rate allowed, to allow the
City to adjust if needed.

In response to Mr. McGeary's question, Commissioner Gonot replied that the rate does
include the proposed fire fee recommended by the City Manager. Thereafter, Mr.
McGeary continued to express concerns regarding the proposed budget.

Larry Deetjen, City Manager, stated that he is required by law to submit and
recommend a balanced budget. The millage indicates an increase from 6.2 to 6.5+,
which is a 5% increase. In addition, he has proposed a fire protection fee that would
generate an estimated $2.5 million. If the fee is not approved, the Commission would
recommend budget cuts, or/ and an additional millage increase not to exceed 10%, the
adjustment would be accordingly.

Mr. McGeary stated that the Commission should be honest with the public when
presenting the budget. He said the proposed budget is indicating a 13.2% increase.
PUBLIC HEARINGS CONTINUED
Mr. Deetjen replied that is incorrect and said that there is a drop in other revenue
sources. He said that the City has flat revenue in several areas, particularly in the fees,
i. e. franchise and licenses.

Mayor Capellini recommended that Mr. McGeary contact Mr. Deetjen and schedule a
meeting to discuss this in further detail.

Mr. Deetjen stated that the City's millage rate has not increased for five fiscal years. He
said that if a property owner has not made any adjustment in their home they are
probably paying fewer taxes today than in the past. If improvements were made to their
homes or an assessment increased based on the County Appraiser, then the millage
rate would remain constant without an increase. However, the total tax bill, only 20%
funds all of the City services; most of the tax bill is for County functions, due to the many
regional services to include schools.

Irwin Schwartzwald, citizen, spoke in opposition to the proposed fire fee and read a
prepared statement, to include State Statute, Section 170, Special Assessment on
Property and Section 1701. He said that the fire fee is a special assessment on
property and has nothing to do with ad valorem taxes. But it must improve property in
order for an assessment to be valid. Mr. Schwartzwald concluded by saying that the
proposed fire fee is a tax on the poor.

Sharon Flemming, new resident of Deerfield Beach, stated that she received her
proposed tax bill and asked what new services are being provided by the City, that
would result in such a high tax increase? She said that her taxes for the City has
increased by $200+, with a total tax increase of $800. Ms. Flemming stated that she
previously lived in the Kendall and Coral Gables area and in speaking with others no
ones taxes has increased to this extent. She said that she has not made any new
improvements to her home that was purchased approximately 13 or 14 months ago.

Mayor Capellini reviewed Ms. Flemming's trim bill from the Property Appraiser's office
and advised that the assessment of her property increased. The property value
increased, from $118,000 to $131,000 and advised that she is being taxed on the sale
of her house. He further recommended that she contact William Markham, Broward
County Property Appraiser or Mr. Deetjen, City Manager.

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

MOTION was made by Commissioner Clarke-Reed and Seconded by Vice Mayor
Noland to adopt the millage at 6.8506. Roll Call: YEAS: Commissioner Clarke-Reed,
Commissioner Gonot, Vice Mayor Noland and Mayor Capellini. NAYS: None.
PUBLIC HEARINGS CONTINUED
Fire Rescue
Mayor Capellini stated that due to the concerns in fire rescue, he highlight by overhead
a graph indicating the response of fire rescue calls throughout the City. He said the
Commission is attempting to establish an equitable basis on how to distribute fire
assessment cost across the board. He said that the percentages indicate the response
times that are six (6) minutes or less. Therefore, it is not a tax on the poor or avoiding
for the rich, but to take the $7 million budget for fire service and distribute it across the
board to keep the citizens safe.

He said that although there are contractual differences, the Commission is very proud of
the Deerfield Beach Fire Department. He said that the men and women take great
pride in what they do and they are one of the best fire departments in Broward County,
if not the State of Florida or other parts of the Country, and the Commission is very
proud of them.

ITEM G-2 TAPE 1, COUNT 1883
Ordinance 2001/ -Adopt budget for FY 2002
AN ORDINANCE ADOPTING A BUDGET FOR THE CITY OF
DEERFIELD BEACH, FLORIDA, FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 2001, AND ENDING SEPTEMBER 30, 2002

The Ordinance was read in its entirety.
James McGeary, 1442 SE 6 th Street, Deerfield Beach, Fl, stated in reviewing the debt
service it appears that some of the City's bonds are very old and asked if consideration
has been given to refinance them at a lower rate?

Larry Deetjen, City Manager, replied that the City has refinanced bonds, most recent
was in the late '90's, in spite of complaints from fellow residents. He said that the last
bond issue was on the ballots in 1998, a referendum for $12.8 million was structure
based upon the maturity of the old bonds to level the financing.

In response to Mr. McGeary's question, Mr. Deetjen replied that if the City receives the
$1 million from Enron, it has not been earmarked at this time. He said that the
proposed budget does not include any anticipated funds from the Enron project, but if
approved those funds would be used to add an additional sector to the West end of the
City. In addition, to construct a fire station in the southwest section of the City that
would serve the newly annexed area, Crystal Lake. And the new tax base that reoccurs
every year from Enron, $1.7 million, would pay for the operation cost for
PUBLIC HEARINGS CONTINUED
police and fire. Thereafter, funds would be considered for ground maintenance. And the
$1 million that is pending would be going to capital and not operations.

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

MOTION was made by Commissioner Gonot and Seconded by Vice Mayor Noland to
adopt the tentative budget for FY2002. Roll Call: YEAS: Commissioner Gonot. NAYS:
Commissioner Clarke-Reed and Vice Mayor Noland.

Motion failed by a 2-1 vote, Mayor Capellini did not vote.
Andy Maurodis, City Attorney, stated that according to State Statute, he strongly
recommended that the Commission adopts the budget tonight and make any changes
needed.

Vice Mayor Noland and Commissioner Clarke-Reed expressed concern regarding the
proposed budget and said that they would not adopt something that they disagree with.

In response to Vice Mayor Noland's comment, Mr. Maurodis stated that the Commission
will not be committing themselves to the budget if they vote in favor of the proposed
budget but continuing the process. If the budget is not adopted by the end of
September, the Commission would not be in compliance with state law. Therefore, if
the Commission does not adopt the tentative budget tonight, it will be impossible to
adopt a budget by the end of September. He said that a tentative budget must be
adopted and two weeks thereafter, the final budget must be adopted. He said that it is
not an option for the City. But Chapter 200 of the Florida Statutes requires that the City
has an outlined guide as to how the City will expend its fund during FY 2001-2002.

Commissioner Clarke-Reed stated if the budget is not adopted tonight, could the
Commission call a special meeting next week to adopt the budget?

Mr. Maurodis replied no, the Commission must adopt a tentative budget tonight
because the freedom for the Commission to change the tentative budget would be
between the first and second reading. He said his advice, as counsel, is to instruct the
City Commission to adopt the tentative budget tonight. And that he is not speaking in
regards to the Commission's concerns regarding the budget, therefore he is not
defending or recommending a particular allegation as they exist, but as counsel the
Commission must by State law adopt a tentative budget this evening.
PUBLIC HEARINGS CONTINUED
Vice Mayor Noland stated that she would change her vote to adopt the tentative budget,
however, she is not in agreement with it. Therefore, she insisted that there be changes
made to it. She further expressed that she is not happy about changing her vote, but
will heed to counsel's advice.

Mr. Maurodis apologized for being strong with Commissioner Clarke-Reed and Vice
Mayor Noland in regards to them voting against the tentative budget. He said that the
Commission can make changes to the budget after the final adoption, as long as the
expenditures equals the revenues.

After discussion amongst the Commission, it was the consensus of the Commission to
schedule the City Commission meeting and second hearing for the final budget on
September 19, 2001 at 5: 01 p. m.

MOTION was made by Vice Mayor Noland and Seconded by Commissioner Clarke-Reed
to schedule the second hearing for the final budget for FY 2002 on September 19,
2001 at 5: 01 p. m. Roll Call: YEAS: Commissioner Gonot, Vice Mayor Noland and Mayor
Capellini. NAYS: Commissioner Clarke-Reed.

ITEM G-3 TAPE 1, COUNT 2368
Ordinance 2001/ -Community Redevelopment Agency budget
AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY
OF DEERFIELD BEACH COMMUNITY REDEVELOPMENT AGENCY
ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 2001, AND ENDING SEPTEMBER 30, 2002

The Ordinance was read in its entirety.
Larry Deetjen, City Manager, stated that the anticipated revenues for the Community
Redevelopment Agency (CRA) for fiscal year 2002, is $256,725; Total proposed
expenditure $256,725, include: Personal Services $89,692; Operating Expenditures
$121,386; Capital Outlay $6,390; and Contingency $39,257.

Andy Maroudis, City Attorney, stated that the Ordinance has been advertised as the
section of the meeting for the Community Redevelopment Agency and the City
Commission is sitting as the Community Redevelopment Agency for the City of
Deerfield Beach.

MOTION was made by Vice Mayor Noland and Seconded by Commissioner Gonot to
close the public hearing. Roll Call: YEAS: Commissioner Clarke-Reed, Commissioner
Gonot, Vice Mayor Noland and Mayor Capellini. NAYS: None.
PUBLIC HEARINGS CONTINUED
MOTION
was made by Commissioner Clarke-Reed and Seconded by Vice Mayor
Noland to adopt the Community Redevelopment Agency budget. Roll Call: YEAS:
Commissioner Clarke-Reed, Vice Mayor Noland and Mayor Capellini. NAYS: None.

Commissioner Gonot did not vote on this item because he left the room
temporarily.

ITEM G-4 TAPE 1, COUNT 2478
P. H. 2001/ 151 Rezoning 1.254 acre parcel from RS-5
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DEERFIELD BEACH REZONING A 1.254 ACRE PARCEL FROM RS-5
(RESIDENTIAL, SINGLE FAMILY), TO RSO (RESIDENTIAL/ OFFICE),
SAID PARCEL DESCRIBED AS LOTS 1, 2, 3, AND 20, BLOCK 1 OF
PINEHILL ACRES, LOCATED AT 556 EAST HILLSBORO
BOULEVARD; CONTAINING A PROVISION FOR REVISION OF THE
CITY ZONING MAP; CONTAINING A SEVERABILITY CLAUSE;
CONTAINING AN EFFECTIVE DATE

Vice Mayor Noland stated that she previously requested that this item be tabled until the
developer has completed a pedestrian traffic study, after school begins, due to the
closeness of the school zone.

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

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

ITEM G-5 TAPE 1, COUNT 2478
P. H. 2001/ 152 -Ordinance regarding the sale/ lease of City Property
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DEERFIELD BEACH REPEALING CITY CODE SECTION 38-156
RELATING TO THE SALE OR LEASE OF CITY PROPERTY;
PROVIDING FOR NEW REGULATIONS RELATING TO THE SALE OR
LEASE OF CITY PROPERTY; INCORPORATING THE CHARTER
PROVISION ADOPTED PURSUANT TO A CITY REFERENDUM;
PROVIDING THAT THE SALE OF ANY PROPERTY WITH A FAIR
PUBLIC HEARINGS -CONTINUED
MARKET VALUE IN EXCESS OF $750,000.00 OR ANY LEASE OF
SAID PROPERTY WITH A FAIR MARKET VALUE IN EXCESS OF
$750,000.00 MUST FIRST BE APPROVED BY A MAJORITY OF THE
ELECTORS VOTING AT A REFERENDUM ELECTION; REQUIRING A

PUBLIC HEARING AND A RESOLUTION TO AUTHORIZE ALL OTHER
SALES OR LEASES OF CITY PROPERTY UNDER $750,000;
PROVIDING FOR INCLUSION IN THE CITY CODE; PROVIDING FOR A
SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.

Mayor Capellini requested that Item G-5 be tabled.
MOTION was made by Vice Mayor Noland and Seconded by Commissioner Gonot to
close the public hearing. Roll Call: YEAS: Commissioner Clarke-Reed, Commissioner
Gonot, Vice Mayor Noland and Mayor Capellini. NAYS: None.

MOTION was made by Vice Mayor Noland and Seconded by Commissioner Clarke-Reed
to table Item G-5. Roll Call: YEAS: Commissioner Clarke-Reed, Commissioner
Gonot, Vice Mayor Noland and Mayor Capellini. NAYS: None.

ITEM G-6 TAPE 1, COUNT 2639
Ordinance No. 2001/ 017 -Ordinance regarding Florida Public Utilities
Company

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DEERFIELD BEACH, FLORIDA, RELATING TO THE GRANTING TO
FLORIDA PUBLIC UTILITIES COMPANY, ITS SUCCESSORS AND
ASSIGNS, A GAS FRANCHISE; IMPOSING PROVISIONS AND
CONDITIONS RELATING THERETO; PROVIDING A CONFLICTS
CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES

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

In response to Commissioner Clarke-Reed's question, Andy Maurodis, City Attorney,
replied that the City will receive 6% of gross revenues.

Larry Deetjen, City Manager, stated that the Florida Public Utilities Company currently
operates in Boca Raton, and wish to extend service and lines through the beach area,
PUBLIC HEARINGS CONTINUED
particularly down A1A in the Whales Rib area, commercial and some residential
property. However, he does not anticipate much revenue, but it is important to have an
alternative service for business and residents a like. He further stated that he has
requested that the Company install inserts for municipal gas lines, for future use, which
they have agreed to do so.

In response to Commissioner Gonot's question, Mr. Deetjen replied that the service
would be east of the Intracostal predominately in the business district, A1A. And would
consider the west part of the City in the future.

MOTION was made by Vice Mayor Noland and Seconded by Commissioner Gonot to
adopt Ordinance No. 2001/ 017. Roll Call: YEAS: Commissioner Clarke-Reed,
Commissioner Gonot, Vice Mayor Noland and Mayor Capellini. NAYS: None.

ITEM G-7 TAPE 1, COUNT 2739
P. H. 2001/ 154 -Late fees for late payment of water bills
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DEERFIELD BEACH, FLORIDA, AMENDING SECTION 70-1, RELATED
TO IMPOSITION OF LATE FEES FOR LATE PAYMENT OF WATER
BILLS; CREATING A LATE FEE OF 1.5% OF THE PAST DUE BALANCE
INSTEAD OF THE FLAT FEE OF $10.00 PRESENTLY CHARGED;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CITY CODE; PROVIDING FOR AN EFFECTIVE DATE

Larry Deetjen, City Manager, stated that the City Attorney recommended that this item
be stricken due to language being amended in the title of the ordinance.

MOTION was made by Vice Mayor Noland and Seconded by Commissioner Clarke-Reed
to strike Item G-7. Roll Call: YEAS: Commissioner Clarke-Reed, Commissioner
Gonot, Vice Mayor Noland and Mayor Capellini. NAYS: None.

ITEM G-8 TAPE 1, COUNT 2737
Ordinance No. 2001/ 018 -Communications Facilities in Public
Rights-of-Ways

AN ORDINANCE OF THE CITY OF DEERFIELD BEACH, FLORIDA,
RELATING TO COMMUNICATIONS FACILITIES IN PUBLIC RIGHTS-OF-
WAY; PROVIDING FOR TITLE; PROVIDING FOR INTENT AND
PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING FOR
REGISTRATION FOR PLACING OR MAINTAINING COMMUNICATIONS
PUBLIC HEARINGS CONTINUED
FACILITIES IN PUBLIC RIGHTS-OF-WAY; PROVIDING FOR NOTICE
OF TRANSFER, SALE OR ASSIGNMENT OF ASSETS IN PUBLIC
RIGHTS-OF-WAY; PROVIDING FOR PLACEMENT OR MAINTENANCE
OF A COMMUNICATIONS FACILITY IN PUBLIC RIGHTS-OF-WAY;
PROVIDING FOR SUSPENSION OF PERMITS; PROVIDING FOR
APPEALS; PROVIDING FOR INVOLUNTARY TERMINATION OF
REGISTRATION; PROVIDING FOR EXISTING COMMUNICATIONS
FACILITIES IN PUBLIC RIGHTS-OF-WAY; PROVIDING FOR
INSURANCE; PROVIDING FOR INDEMNIFICATION; PROVIDING FOR
CONSTRUCTION BOND; PROVIDING FOR SECURITY FUND;
PROVIDING FOR ENFORCEMENT REMEDIES; PROVIDING FOR
ABANDONMENT OF A COMMUNICATIONS FACILITY; PROVIDING
FOR FORCE MAJEURE; PROVIDING FOR RESERVATION OF RIGHTS
AND REMEDIES; PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DATE.

The Ordinance was read by title only.
There was no discussion on this item.
MOTION was made by Vice Mayor Noland and Seconded by Commissioner Clarke-Reed
to close the public hearing. Roll Call: YEAS: Commissioner Clarke-Reed,
Commissioner Gonot, Vice Mayor Noland and Mayor Capellini. NAYS: None.

MOTION was made by Vice Mayor Noland and Seconded by Commissioner Clarke-Reed
to adopt Ordinance No. 2001/ 018. Roll Call: YEAS: Commissioner Clarke-Reed,
Commissioner Gonot, Vice Mayor Noland and Mayor Capellini. NAYS: None.

ITEM G-9 TAPE 1, COUNT 2769
Ordinance No. 2001/ 019 -Amending Section 74-56 of City Code
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DEERFIELD BEACH, FLORIDA, AMENDING SECTION 74-56 OF THE
CITY CODE RELATING TO BEACHES, IN ORDER TO CLARIFY
REGULATIONS PROHIBITING THE OPERATION OF MOTOR
VEHICLES ON THE BEACH; CONTAINING A PROVISION FOR
INCLUSION IN THE CITY CODE; CONTAINING A SEVERABILITY
CLAUSE; CONTAINING AN EFFECTIVE DATE
Vice Mayor Noland asked if the ordinance would include the truck is always
parked on the sand on the south end of the beach that delivers the equipment?

Andy Maurodis, replied yes, anything on the public beach.
PUBLIC HEARINGS CONTINUED
MOTION
was made by Vice Mayor Noland and Seconded by Commissioner Clarke-Reed
to close the public hearing. Roll Call: YEAS: Commissioner Clarke-Reed,
Commissioner Gonot, Vice Mayor Noland and Mayor Capellini. NAYS: None.

MOTION was made by Vice Mayor Noland and Seconded by Commissioner Clarke-Reed
to adopt Ordinance No. 2001/ 019. Roll Call: YEAS: Commissioner Clarke-Reed,
Commissioner Gonot, Vice Mayor Noland and Mayor Capellini. NAYS: None.

H. QUASI-JUDICIAL HEARINGS
Mayor Capellini advised that Items H-1 through H-12 are quasi-judicial hearings and
anyone that would like to speak on these items must be sworn in.

Andy Maurodis, City Attorney, placed under oath all individuals, including staff
addressing the City Commission on items H-1 through H-12.

ITEM H-1 TAPE 1, COUNT 2769
P. H. 2001/ 159 -APPLICATION 00-P-155
Applicant: NEASHAM PROPERTIES LIMITED PARTNERSHIP by David
Rohal.

COMMENTS: Proposal: To plat a 10.432-acre parcel to be known as DCB
JYNX THE PLAT. Location: a portion of the SW1/ 4 of the NW1/ 4 of the
NW1/ 4 of Section 3, Township 48 South, Range 42 East, more particularly
described in the file, located at 150 South Powerline Road.

Gerald Ferguson, Director of Planning and Growth Management, stated that the
applicant has requested that this item be stricken.

ITEM H-2 TAPE 1, COUNT 2742
P. H. 2001/ 160 -APPLICATION 01-P-159
Applicant: SOUTHEASTERN CONFERENCE OF SEVENTH DAY
ADVENTISTS, INC. by Paul Davis.
COMMENTS: Proposal: to plat a .844-acre parcel to be known as
DEERFIELD BEACH SEVENTH DAY ADVENTIST CHURCH. Location: a
portion of the SW 1/ 4 of the SW 1/ 4 of the SW 1/ 4 of Section 31,
Township 48 South, Range 43 East, more particularly described in the file,
located at 150 N. W. 3 rd Court.
QUASI JUDICIAL-CONTINUED

There was no discussion on this item.
MOTION was made by Vice Mayor Noland and Seconded by Commissioner Clarke-Reed
to close the public hearing. Roll Call: YEAS: Commissioner Clarke-Reed,
Commissioner Gonot, Vice Mayor Noland and Mayor Capellini. NAYS: None.

MOTION was made by Vice Mayor Noland and Seconded by Commissioner Gonot to
approved Item H-2. Roll Call: YEAS: Commissioner Clarke-Reed, Commissioner Gonot,
Vice Mayor Noland and Mayor Capellini. NAYS: None.

ITEM H-3 TAPE 1, COUNT 2642
P. H. 2001/ 161 -APPLICATION 01-P-160
Applicant: FIRST UNION NATIONAL BANK by Daniel Fee

COMMENTS: Proposal: to plat a 3.03-acre parcel to be known as FIRST
UNION/ DEERFIELD BEACH PLAT. Location: a portion of the N 1/ 2 of
the NW 1/ 4 of the NE 1/ 4 of Section 7, Township 48 South, Range 43
East, more particularly described in the file, located at 1007 South
Federal Highway.

There was no discussion on this item.
MOTION was made by Vice Mayor Noland and Seconded by Commissioner Clarke-Reed
to close the public hearing. Roll Call: YEAS: Commissioner Clarke-Reed,
Commissioner Gonot, Vice Mayor Noland and Mayor Capellini. NAYS: None.

MOTION was made by Vice Mayor Noland and Seconded by Commissioner Gonot to
approved Item H-3. Roll Call: YEAS: Commissioner Clarke-Reed, Commissioner Gonot,
Vice Mayor Noland and Mayor Capellini. NAYS: None.

ITEM H-4 TAPE 1, COUNT 2656
P. H. 2001/ 162 -APPLICATION 91-RM10-28 Revision 1 and CASE NO.
1771

Applicant: SOUTHEASTERN CONFERENCE OF SEVENTH DAY
ADVENTISTS, INC., by Keith Dennis.
COMMENTS: Proposal: to construct an 7,600 square-foot worship center;
AND seeking CONDITIONAL USE approval in accordance with the
provisions of Section 98-47( c) of the Deerfield Beach Land Development
Code in order to expand an existing church facility; AND seeking the
following 4 VARIANCES from the provisions of the Deerfield Beach Land
Development Code: 1) from Schedule C in order to allow parking spaces 9

QUASI JUDICIAL -CONTINUED
feet wide by 19 feet long rather than 10 feet wide by 20 feet long; 2) from
Schedule B in order to allow 59 spaces instead of the required 93 spaces:
3) from Section 98-47( c)( 2)( d) in order to allow a lot coverage of 27.3
percent rather than 25 percent; and 4) from Section 98-80( f) to allow 778
shrubs instead of the required 1,140 shrubs. Location: a 1.24-acre parcel
described as a portion of the SW 1/ 4 of the SW 1/ 4 of the SW 1/ 4 of
Section 31, Township 48 South, Range 43 East, more particularly
described in the file, together with Lots 2, 3 and 6, Block 2 of DEERFIELD
DEVELOPMENT & LAND COMPANY SUBDIVISION, located at 150 N.
W. 3 rd Court.

There was no discussion on this item.
MOTION was made by Vice Mayor Noland and Seconded by Commissioner Clarke-Reed
to close the public hearing. Roll Call: YEAS: Commissioner Clarke-Reed,
Commissioner Gonot, Vice Mayor Noland and Mayor Capellini. NAYS: None.

MOTION was made by Vice Mayor Noland and Seconded by Commissioner Gonot to
approved Item H-4. Roll Call: YEAS: Commissioner Clarke-Reed, Commissioner Gonot,
Vice Mayor Noland and Mayor Capellini. NAYS: None.

ITEM H-5 TAPE 1, COUNT 2657
P. H. 2001/ 163 -APPLICATION 99-RSO-14
Applicant: PAUL PERKINS
COMMENTS: Proposal: to request a 12-month extension for site plan
previously approved on January 25, 2000. Location: a .29-acre parcel
described as a portion of Lots 1 and 20 in Block 2, DEERFIELD BEACH
ESTATES, more particularly described in the file, located at 750 East
Hillsboro Boulevard.

Mayor Capellini stated that he performed work on this job, therefore, he abstained from
voting.
MOTION was made by Vice Mayor Noland and Seconded by Commissioner Clarke-Reed
to close the public hearing. Roll Call: YEAS: Commissioner Clarke-Reed,
Commissioner Gonot and Vice Mayor Noland. NAYS: None.

MOTION was made by Vice Mayor Noland and Seconded by Commissioner Clark-Reed
to approved Item H-5. Roll Call: YEAS: Commissioner Clarke-Reed, Commissioner
Gonot and Vice Mayor Noland. NAYS: None.

QUASI JUDICIAL -CONTINUED
ITEM H-6 TAPE 1, COUNT 2658

P. H. 2001/ 164 -APPLICATION 01-RSO-16
Applicant: ANTHONY CARUSO by Gregory Miklos
COMMENTS: Proposal: to convert an existing 3,706 square-foot
residence to an office building. Location: a .501-acre parcel described as
a portion of Lots 8 through 18 of SCHOOL PARK, more particularly
described in the file, located at 629 East Hillsboro Boulevard.

There was no discussion on this item.
MOTION was made by Vice Mayor Noland and Seconded by Commissioner Clarke-Reed
to close the public hearing. Roll Call: YEAS: Commissioner Clarke-Reed,
Commissioner Gonot, Vice Mayor Noland and Mayor Capellini. NAYS: None.

MOTION was made by Vice Mayor Noland and Seconded by Commissioner Gonot to
approved Item H-6. Roll Call: YEAS: Commissioner Clarke-Reed, Commissioner Gonot,
Vice Mayor Noland and Mayor Capellini. NAYS: None.

ITEM H-7 TAPE 1, COUNT 2659
P. H. 2001/ 165 -APPLICATION 00-B1-151 Revision 1 and CASE 1769
Applicant: OLYMPIA FLAME DINER by Allen Davis
COMMENTS: Proposal: Site plan modification to add a .18-acre parking
lot to existing restaurant property; AND seeking the following 3
VARIANCES from the provisions of the Deerfield Beach Land
Development Code: 1) from Section 98-80( b) in order to allow a landscape
buffer abutting a right-of-way to be less than 10 feet; the buffer will vary
between 10 feet and 3.5 feet in width; also to provide no buffer on the east
property line rather than a 5-foot buffer; 2) from Section 98-80( c) to allow
landscape islands to be 6 feet wide rather than 10 feet; and 3) from
Schedule C in order to allow parking spaces to be 9 feet wide by 20 feet
long rather than 10 feet wide by 20 feet long . Location: Lots 12, 13, 14
and 15, Block 1, THE COVE 6 TH SECTION, together with a portion of the
N 1/ 2 of the SE 1/ 4 of the NE 1/ 4 of Section 6, Township 48 South, Range
43 East, more particularly described in the file, located at 80 South
Federal Highway.

There was no discussion on this item.

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

MOTION was made by Vice Mayor Noland and Seconded by Commissioner Gonot to
approved Item H-7. Roll Call: YEAS: Commissioner Clarke-Reed, Commissioner Gonot,
Vice Mayor Noland and Mayor Capellini. NAYS: None.

ITEM H-8 TAPE 1, COUNT 2660
P. H. 2001/ 166 -APPLICATION 01-B1-154 Revision 2
Applicant: WOOLBRIGHT HILLSBORO, LTD., by Denis Beaulieu
COMMENTS: Proposal: to construct a 1,625 square-foot restaurant with
drive-thru. Location: a .5878-acre parcel described as HILLSBORO
SQUARE PARCEL A, located at 130 South Federal Highway.

There was no discussion on this item.
MOTION was made by Vice Mayor Noland and Seconded by Commissioner Clarke-Reed
to close the public hearing. Roll Call: YEAS: Commissioner Clarke-Reed,
Commissioner Gonot, Vice Mayor Noland and Mayor Capellini. NAYS: None.

MOTION was made by Vice Mayor Noland and Seconded by Commissioner Gonot to
approved Item H-8. Roll Call: YEAS: Commissioner Clarke-Reed, Commissioner Gonot,
Vice Mayor Noland and Mayor Capellini. NAYS: None.

ITEM H-9 TAPE 1, COUNT 2682
P. H. 2001/ 167 -APPLICATION 01-I-77
Applicant: LEDDS ENTERPRISES by Daniel Mancini
COMMENTS: Proposal: to construct a 119,950 square-foot
industrial/ office/ warehouse building. Location: an 8.835-acre parcel
described as a portion of Parcel C of ACME PLAT NO. 1; together with a
portion of Parcel A of ACME PLAT NO. 2; together with a portion of the S
1/ 2 of Section 10, Township 48 South, Range 42 East, more particularly
described in the file, located at 2900 S. W. 15 th Street.

QUASI JUDICIAL -CONTINUED
Dennis Mele, 200 East Broward Boulevard, Fort Lauderdale, Fla, counsel for applicant,
requested that the item be tabled until the September 19, 2001, to have a full
Commission.

MOTION was made by Vice Mayor Noland and Seconded by Commissioner Clark-Reed
to table Item H-9. Roll Call: YEAS: Commissioner Clarke-Reed, Commissioner Gonot,
Vice Mayor Noland and Mayor Capellini. NAYS: None.

ITEM H-10 TAPE 1, COUNT 2963
P. H. 2001/ 168 -SIGN CASE NO. 575
Appellant: THE POOL PEOPLE, INC., by McNeill Signs, Inc.
COMMENTS: Appeal: Seeking a VARIANCE from the provisions of
Section 102-8( 2) of the Deerfield Beach Land Development Code in order
to allow a building sign which does not front on a right-of-way. Location:
2150 SW 10 th Street.

There was no discussion on this item.
MOTION was made by Vice Mayor Noland and Seconded by Commissioner Clarke-Reed
to close the public hearing. Roll Call: YEAS: Commissioner Clarke-Reed,
Commissioner Gonot, Vice Mayor Noland and Mayor Capellini. NAYS: None.

MOTION was made by Vice Mayor Noland and Seconded by Commissioner Clark-Reed
to table Item H-10 until September 19, 2001. Roll Call: YEAS: Commissioner Clarke-Reed,
Commissioner Gonot, Vice Mayor Noland and Mayor Capellini. NAYS: None.

ITEM H-11 TAPE 1, COUNT 2965
P. H. 2001/ 169 -SIGN CASE NO. 576
Appellant: THE POOL PEOPLE, INC., by McNeill Signs, Inc.
COMMENTS: Appeal: Seeking a VARIANCE from the provisions of
Section 102-8( 2) of the Deerfield Beach Land Development Code in order
to allow a second building sin on a street frontage side. The Code allows
one sign per street frontage. Location: 2150 S. W. 10 th Street

There was no discussion on this item.

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

MOTION was made by Vice Mayor Noland and Seconded by Commissioner Gonot to
approve Item H-11. Roll Call: YEAS: Commissioner Clarke-Reed, Commissioner Gonot,
Vice Mayor Noland and Mayor Capellini. NAYS: None.

ITEM H-12 TAPE 1, COUNT 2966
P. H. 2001/ 170 -SIGN CASE NO. 578
Appellant: PAPA JOHN'S by Denis Tranchida
COMMENTS: Appeal: Seeking a VARIANCE from the provisions of
Section 102-8( 2) of the Deerfield Beach Land Development Code in order
to allow a building sign which does not front on a right-of-way. Location:
1420 South Federal Highway.

There was no discussion on this item.
MOTION was made by Vice Mayor Noland and Seconded by Commissioner Clarke-Reed
to close the public hearing. Roll Call: YEAS: Commissioner Clarke-Reed,
Commissioner Gonot, Vice Mayor Noland and Mayor Capellini. NAYS: None.

MOTION was made by Vice Mayor Noland and Seconded by Commissioner Gonot to
approve Item H-12. Roll Call: YEAS: Commissioner Clarke-Reed, Commissioner Gonot,
Vice Mayor Noland and Mayor Capellini. NAYS: None.

I. GENERAL ITEMS
ITEM 1-1 TAPE 1, COUNT 3000
City Commission policy regarding Fire Protection Fee

COMMENTS: City Attorney recommends engaging Nabors, Giblin &
Nickerson, P. A. Government Services Group, Inc. (GSG) to provide
specialized assistance to the City and it's staff for fire protection fee

Andy Maurodis, City Attorney, stated that there are representatives from Government
Services Group, (GSG) Inc. present, which he recommended be retained if the
Commission desires to proceed with the fire protection fee.

GENERAL ITEMS -CONTINUED
Commissioner Clarke-Reed recommended that the Commission reschedule GSG to
appear before the Commission at a later date.

Robert Sheets, Chief Executive Officer, GSG, Inc. stated that based on the Commission
conversations, the fire protection fee is a very important nature to the City. And said
that he will not feel comfortable as a firm the City may choose to hire to guide it through
this discussion as a squat box. He said that the Commission must be able to look into
someone's eyes and understand what they are saying is true and have confidence in
them. Especially, if they are going to march forward in this organization to help the
Commission to make one of the most important decisions.

Further, Mr. Sheets stated that September 19, 2001 does conflict with board meetings.
He said that all of the cities have the same public hearing requirements and he would
not want to have a junior staff person to address the Commission on this issue, it would
be himself or Camille Tharpe, Senior Project Manager, Fire Assessment Programs.

Mr. Maurodis stated that he would like to have the Commission meet with GSG to have
them address its concerns. In addition, he has questions regarding enforceability.

Mr. Sheets stated that their clients consist of many if not all of the Broward County cities
that have adopted the fire assessment fee, as well as cities throughout the State of
Florida. Therefore, they are extremely busy during the month of September but that they
would entertain a conference call.

After further discussion, it was the consensus of the Commission to have the
Administration to contact Mr. Sheets referencing the next available date that they can
meet or have a conference call.

MOTION was made by Vice Mayor Noland and Seconded by Commissioner Gonot to
table Item I-1. Roll Call: YEAS: Commissioner Clarke-Reed, Commissioner Gonot, Vice
Mayor Noland and Mayor Capellini. NAYS: None.

ITEM 1-2 TAPE 1, COUNT 3280
Change City Commission Meeting date to December 11, 2001

COMMENTS: Commissioner Clarke-Reed to discuss changing
Commission meeting from December 4 th to December 11 th , 2001

Commissioner Clarke-Reed stated that she will be attending the League of Cities
Conference in Atlanta, Georgia, during the week of December 4, 2001. She said that
the Commission usually has one meeting during the month of December and requested
that the date be changed to December 11 th or the 18 th .

GENERAL ITEMS -CONTINUED
After further discussion it was the consensus of the Commission to cancel the
December 4, 2001 meeting and meet on December 18, 2001 only.

MOTION was made by Vice Mayor Noland and Seconded by Commissioner Gonot to
cancel the December 4, 2001 Commission meeting. Roll Call: YEAS: Commissioner
Clarke-Reed, Commissioner Gonot, Vice Mayor Noland and Mayor Capellini. NAYS:
None.

ITEM 1-3 TAPE 1, COUNT 3283
Policy position regarding sale of School Board property
COMMENTS: Commission to discuss request from Broward County
School Board regarding sale of School Board property in the City of
Deerfield Beach

Mayor Capellini requested that this item be stricken.
Larry Deetjen, City Manager, stated that the School Board notified him and has
requested a decision in writing prior to September 16, 2001, on whether or not the
Commission wishes to exercise its option as the right of first refusal on the subject
property. He said when the sealed bids were received, the highest bid was from an
investment group, that exceeded the appraised value. And that the City does not have
any source of local funding to purchase the property.

In the meantime, an investment group has contacted him and is requesting to propose a
recreational project. He said that he recommended that the investment group meet with
the City's architect that performed the master plan for Westside Park. As well as
scheduling a meeting with Vince Kendrick, Community Service Director, to determine if
the private sector will be able to achieve the City's mutual goals as well as Westside
Park. He said that the initial bid group recommended a commercial project, i. e. lodging.

In response to Commissioner Clarke-Reed's question, Mr. Deetjen replied that they
reviewed the land in the rear to determine if more baseball fields can be added. They
have indicated that they would like to construct a recreational building, add additional
parking to serve their needs, and add all the ball fields except one; (the original
recommendation was two softball fields and two little league fields).

Further, Mr. Deetjen stated that the recreation complex that is being proposed is for
indoor sports, in addition for space for other uses, volleyball and basketball.

Commissioner Clarke-Reed stated that she would like to know what the investors' plans
are so that she may inform the community of the status for the five (5) acres.
Furthermore she would like to know who the company is and their plans.
GENERAL ITEMS -CONTINUED

Mr. Deetjen stated that the company consists of a group of investors with different
talents and backgrounds that have been involved with recreation, particularly in the ice
hockey, and have financial backing with multi-commercial developers.

Commissioner Clarke-Reed asked if the investors plan to have an admission fee for
their service?

Mr. Deetjen replied that they will discuss with the Community Service Director to
possibly allow open skating, i. e. hockey, figure skating, on the public aspect, but
privately they would contract for ice time, which is in demand. He said that they are
also receptive to making the land available to the City.

Commissioner Clarke-Reed asked that they meet with her as the Commissioner for the
District. She said that it is her intent to call County Commissioner Jacobs, regarding
$300,000 that might be available for this property.

In conclusion, Mr. Deetjen said that the best use of the subject property is for
recreational purposes, however, the City does not have any funds to purchase this land.
And that, the high bidder has indicated that his main goal was not consistent with that of
the City, rather he would like to build a hotel or some type of commercial use.

Commissioner Clarke-Reed recommended that the item be tabled.
MOTION was made by Vice Mayor Noland and Seconded by Commissioner Gonot to
table Item I-1. Roll Call: YEAS: Commissioner Clarke-Reed, Commissioner Gonot, Vice
Mayor Noland and Mayor Capellini. NAYS: None.

J. CONSENT AGENDA
ITEM J-1 TAPE 1, COUNT 3696
Amendment to Ordinance 2001/ -regarding late fees on water bills
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DEERFIELD BEACH, FLORIDA, AMENDING SECTION 70-1, RELATED
TO IMPOSITION OF LATE FEES FOR LATE PAYMENT OF WATER
BILLS; CREATING A LATE FEE OF 1.5% OF THE PAST DUE BALANCE
PLUS $10.00 INSTEAD OF THE FLAT FEE OF $10.00 PRESENTLY
CHARGED; PROVIDING FOR A SERVICE CHARGE IF SERVICE IS
SCHEDULED FOR DISCONNECTION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CITY CODE;
PROVIDING FOR AN EFFECTIVE DATE

CONSENT AGENDA -CONTINUED
In response to Commissioner Clarke-Reed's question, Sally Siegel, Finance Director,
replied that the proposed Ordinance is recommending that the late penalties on water
bills be amended to include the $10.00 late fee in addition to 1.5% interest rate which is
consistent with what other companies charge for late fees. She said that the people
that would be mostly affected by this change would be those with large outstanding bills.

The 1.5% is not a sizeable amount for the customer, but will encourage them to pay
their bill in a more timely manner.

Commissioner Clarke-Reed expressed opposition to having a $10 fee plus 1.5% of the
bill. She said that Florida Power & Light (FPL) only charges 1.5% for late fee, but they
not both. Therefore, she recommended that it be one or the other.

Commissioner Gonot recommended that the language be amended to read $10.00 or
1.5%, which ever is greater. He said a $10 late fee for a residential bill of $50 would be
sufficient, but for a $200 bill the 1.5% would be in effect.

Andy Maurodis, City Attorney, stated that he would amend the language to read, $10.00
or 1.5% of the past due balance whichever is greatest."

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

ITEM J-2 TAPE 1, COUNT 3721
Ordinance 2001/ -Amend Section 98-81 of City Code
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DEERFIELD BEACH, FLORIDA, AMENDING SECTION 98-81,
SUBSECTION (n)( 4), OF THE CITY CODE RELATING TO EXCEPTIONS
FROM THE TREE PRESERVATION ORDINANCE TO ELIMINATE THE
LANGUAGE WHICH MAKES FICUS TREES EXEMPT ONLY WHERE
THE REMOVAL OF SAME WOULD VIOLATE THE REQUIREMENTS OF
A SITE PLAN; PROVIDING FOR INCLUSION IN THE CITY CODE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE

ITEM J-3 TAPE 1, COUNT 3721
Resolution 2001/ 123 -Lease agreement with John Deere Company
COMMENTS: Resolution to enter into lease agreement with John Deere
Company for a 2001 tractor with cab

CONSENT AGENDA-CONTINUED
ITEM J-4 TAPE 1, COUNT 3754
Resolution 2001/ 124 -Purchase of child safety seats
COMMENTS: Resolution to purchase child safety seats through the
Department of Transportation Grant Program

Commissioner Clarke-Reed asked who would receive these seats, and how would they
be distributed, and when?

Commissioner Gonot replied that in the past Fire Rescue issued the seats at various
locations, to include the pre-schools. He said that the grant is through the Department
of Transportation.

MOTION was made by Commissioner Clarke-Reed and Seconded by Vice Mayor
Noland to adopt Resolution No. 2001/ 124. Roll Call: YEAS: Commissioner Clarke-Reed,
Commissioner Gonot, Vice Mayor Noland and Mayor Capellini. NAYS: None.

ITEM J-5 TAPE 1, COUNT 3577
Resolution 2001/ 125 -Agreement between the City and Motorola
COMMENTS: Resolution to enter into agreement with Motorola for radio
equipment maintenance for Fire Rescue

ITEM J-6 TAPE 1, COUNT 3580
Resolution 2001/ 126 -Contract with Conquest Engineering Inc.
COMMENTS: Resolution to enter into contract with Conquest Engineering
for Deerfield Highlands Drainage Improvements

ITEM J-7 TAPE 1, COUNT 3583
Resolution 2001/ 127 -Site Lease Agreement with Omnipoint
Holdings, Inc. dba VoiceStream Wireless

COMMENTS: Resolution to enter into agreement with VoiceStream
Wireless for installation of antennas on the East Water Tower Facility

CONSENT AGENDA CONTINUED\
ITEM J-8 TAPE 1, COUNT 3585
Resolution 2001/ 128 -Co-location agreement for lease of ground
space with Metro PCS

COMMENTS: Resolution for Co-location Agreement with Metro PCS for
installation of their antennas on the Cingular Wireless, LLC
telecommunication tower at the West Water Plant

ITEM J-9 TAPE 1, COUNT 3588
Resolution 2001/ 129 -Contract renewal for Medical Director
COMMENTS: Resolution to renew contract with Dr. Richard Paley M. D.
Medical Director

ITEM J-10 TAPE 1, COUNT 3591
Resolution 2001/ 130 -Contract for exterior repairs of soffit and roof
area, BSO District Office

COMMENTS: Per the specifications, terms and conditions of Bid #2000-
01/ 19. Recommendation of award to: ICON Construction

ITEM J-11 TAPE 1, COUNT 3593
Resolution 2001/ 131 -Election results Police Officer's Retirement
Trust Fund

COMMENTS: Resolution confirming election results for Police Officer's
Retirement Trust Fund

ITEM J-12 TAPE 1, COUNT 3600
Resolution 2001/ 132 -Agreement with First Union National Bank
COMMENTS: Resolution authorizing the City to enter into an agreement with
First Union National Bank for the lease purchase of equipment

ITEM J-13 TAPE 1, COUNT 3603
Ordinance 2001/ -Ordinance amending sections 70-72 and 70-127 of
the City Code for a water and wastewater rate adjustment

CONSENT AGENDA CONTINUED
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DEERFIELD BEACH AMENDING SECTIONS 70-72 AND 70-127 OF THE
CITY CODE TO PROVIDE FOR A WATER AND WASTEWATER RATE
ADJUSTMENT TO BE EFFECTIVE FOR BILLINGS RENDERED AFTER
OCTOBER 1, 2001; CONTAINING A PROVISION FOR INCLUSION IN
THE CITY CODE; CONTAINING A SEVERABILITY CLAUSE;
CONTAINING AN EFFECTIVE DATE

ITEM J-14 TAPE 1, COUNT 3609
Report on Audit of Financial Statements and Supplemental
Information for the Deerfield Beach Housing Authority

COMMENTS: Sally Siegel, Director of Finance to present report on Audit
of Financial Statements and Supplemental Information for the Deerfield
Beach Housing Authority for fiscal year ended September 30, 2000.

ITEM J-15 TAPE 1, COUNT 33612
Resolution 2001/ 133 -Consideration to change the December 2001
City Commission Meeting Date

COMMENTS: Resolution changing Commission Meeting from September
18, 2001 to September 19, 2001

ITEM J-16 TAPE 1, COUNT 3619
Resolution 2001/ -Amendment to Agreement with Deerfield Beach
Energy Center

COMMENTS: Resolution amending agreement due to litigation and court
schedule

There was no discussion on items J-2 through J-8 and J-10 through J-15.
MOTION was made by Commissioner Clarke-Reed and Seconded by vice Mayor
Noland to approve Items J-2 through J-8 and J-10 through J-15. 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 Manager -No Report.
City Attorney
-No Report.
COMMENTS BY MAYOR AND COMMISSIONERS
Commissioner Clarke-Reed List of Consultants and their Cost
-Commissioner
Clarke-Reed reminded Larry Deetjen, City Manager, to provide
her with a list of request for proposal that the City has entered into a contract and
the total cost.

Larry Deetjen, City Manager, replied that he has received response from two
departments, Engineering and Planning and Growth Management, whom have
indicated that they do not have any. However, he is awaiting information from
Donna Council, Purchasing Agent.

Commissioner Gonot Budget Workshop Schedule. -Commissioner Gonot
requested clarification regarding the budget workshops.

Vice Mayor Noland replied that a budget workshop is scheduled for tomorrow,
September 5, 2001 at 5: 00 p. m. And an Executive Session will be held on
September 6, 2001 at 5: 00 p. m.

Vice Mayor Noland No Report.

PUBLIC TO BE HEARD
None.
ADJOURNMENT
There being no further business, the meeting was adjourned at 9: 25 p. m.
_________________________________
ALBERT R. CAPELLINI, P. E., MAYOR

ATTEST:

______________________________________
ADA GRAHAM-JOHNSON, CMC, CITY CLERK