CITY OF DEERFIELD BEACH
REGULAR CITY COMMISSION MEETING MINUTES
Tuesday, January 8, 2002 at 7: 00 P. M.

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

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

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

INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation was offered by Pastor Tony Farmer, New Life Church of God, followed
by the Pledge of Allegiance to the flag.

GREETINGS FROM THE COMMISSION
Mayor Capellini stated that on behalf of the Commission, he wished everyone a
Happy New Year!

APPROVAL OF THE MINUTES TAPE 1, COUNT 64
Regular City Commission Meeting -December 18, 2001
MOTION was made by Vice Mayor Noland and Seconded by Commissioner Gonot to
approve the Regular City Commission Meeting minutes of December 18, 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. Firefighter's Pension Trust Fund October 15, 2001
There was no action taken on this item. 1
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REGULAR CITY COMMISSION MEETING JANUARY 8, 2002
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APPROVAL OF THE AGENDA
Added Addendum Items 13a and 1 -Written Request to Address the Commission
MOTION was made by Vice Mayor Noland and Seconded by Commissioner Gonot to
add Addendum Items 13a and 1 Written Request to Address the Commission to the
agenda. Roll Call: YEAS: Commissioner Clarke-Reed, Commissioner Gonot,
Commissioner Trinchitella, Vice Mayor Noland and Mayor Capellini. NAYS: None.

PRESENTATION
Community Improvement Video The community improvement video showed highlights
of the Intracoastal Waterway: December Boat Parade, NE Focal Point; Holiday Party
with Commissioner Clarke-Reeds' sorority giving gifts. Crystal Lake Country Club:
Employees Holiday Party Jayne Hayfer won the grand prize. Constitution Park:
Children's' Holiday Party; Santa, snow and hayrides, and the Hillsboro Square
Remodeling. And announced the upcoming events: Martin Luther King, Jr. Celebration
activities on January 21, 2002, beginning with a brunch at Westside Park Recreation on
Saturday, January 19, 2002 at 10: 00 a. m. cost $10.00 and Parade on January 21, 2002
at 10: 00 a. m. beginning at Deerfield Beach High School. Concluding with the 22 nd
Annual Art Festival at Pioneer Park on January 26-27, 2002.

Certificate of Appreciation to Courtney Cox Mayor Capellini presented a Certificate of
Appreciation to Courtney Cox, of Deerfield Beach, Florida, for being selected as the
winner of the Daily Point of Light Award on Thursday, December 27, 2001. He said that
this award is designed to honor individuals and organizations who have made a
commitment to connect Americans through service to help meet critical needs in their
communities and in the nation. Especially, those focused on the goals for children and
youth set by the Presidents' Summit for America's Future.

Courtney Cox thanked the Commission for the award and said that she is 11 years old
and in the fifth grade. She said that she collect cards for neglected and abuse children
who recycle the cards and sell them for profit.

American Cancer Society's "Relay for Life" Program -Maureen Kenny stated that the
City of Deerfield Beach will participate for the first time in the American Cancer Society
"Relay for Life" 24 hour walk, 6: 00 p. m. 6: 00 a. m.

Trina Diya, Special Events Manager, Broward County Unit, American Cancer Society,
stated that the American Cancer society's Deerfield Beach Relay for Life walk will be
held on March 8-9, 2002 at Quiet Waters Park. She said the Relay For Life was born in
1986 and has multiplied across the nation, with 3,100 communities participating in the
Year 2000. She said that Broward County began participating in 1998 with one site,
and has grown to eight, including Deerfield Beach. She invited all cancer survivors to
participate to be honored. Thereafter, she highlighted the events that would take place
during that evening, to include a Candlelight/ Luminaria Ceremony at 8: 00 p. m. 2
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REGULAR CITY COMMISSION MEETING JANUARY 8, 2002
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PRESENTATIONS -CONTINUED
In conclusion, Ms. Diya requested the City's support in donating the City's showmobile
and lights and the participation of the employees and citizens.

WRITTEN REQUEST TO ADDRESS THE COMMISSION TAPE 1, COUNT 326
Request to Use the City's Showmobile Carolyn Young, Teacher, Deerfield Park
Elementary School, requested to use the City's Showmobile for the Peace Day
Celebration.

Commissioner Clarke-Reed stated that Ms. Young is not in attendance and stated that
she received correspondence from Carolyn Young, Teacher, Deerfield Park School of
Performing Arts, requesting the use of the City's showmobile for Peace Day Celebration
to be held on January 17, 2002, at 9: 00 a. m. at the school.

Mayor Capellini recommended that the request be granted and they be charged for
setup fee.

Commissioner Clarke-Reed requested that said fees be charged to the target fund
account.

MOTION was made by Vice Mayor Noland and Seconded by Commissioner Clarke-Reed
to grant the request for use of the showmobile, with setup fees to be charged to
the target fund account. Roll Call: YEAS: Commissioner Clarke-Reed, Commissioner
Gonot, Commissioner Trinchitella, Vice Mayor Noland and Mayor Capellini. NAYS:
None.

PUBLIC HEARINGS -CHANGE OF USE
ITEM 1 TAPE 1, COUNT 364
P. H. 2002/ 097 -Applicant: Padaria-Brasil Bakery
COMMENTS: Location: 841 W Sample Rd.
Proposed Use: bakery/ restaurant
Previous Use: merchant (Okiku, Inc. women's apparel)

ITEM 2 TAPE 1, COUNT 368
P. H. 2002/ 098 -Applicant: Speert International
COMMENTS: Location: 601 N. W. 12 th Ave.
Proposed Use: wholesale
Previous Use: business office/ assembling (Cool Care Consulting, Inc.) 3
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REGULAR CITY COMMISSION MEETING JANUARY 8, 2002
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PUBLIC HEARINGS -CHANGE OF USE -CONTINUED
ITEM 3 TAPE 1, COUNT 373
P. H. 2002/ 099 -Applicant: Latino's Meat Market
COMMENTS: Location: 1718 W Hillsboro Blvd.
Proposed Use: meat market/ merchant
Previous Use: merchant (OTI Beepers and Accessories, DBA)

There was no discussion on items 1-3.
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, 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 1-3. Roll Call: YEAS: Commissioner Clarke-Reed,
Commissioner Gonot, Commissioner Trinchitella, Vice Mayor Noland and Mayor
Capellini. NAYS: None.

QUASI JUDICIAL HEARINGS
Mayor Capellini advised that Items 4 through 10 are quasi-judicial hearings and anyone
that would like to speak on these items must be sworn in.

Andrew Maroudis, City Attorney, placed under oath all individuals, including staff
addressing the City Commission on items 4 through 10.

Gerald Ferguson, Director of Planning and Growth Management, stated that the
Planning and Zoning Board has recommended approval of Items 4 10, and is
approved by the Community Appearance Committee.

In response to Mayor Capellini's question, none of the applicants objected to staff
report. 4
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REGULAR CITY COMMISSION MEETING JANUARY 8, 2002
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QUASI JUDICIAL HEARINGS -CONTINUED
ITEM 4 TAPE 1, COUNT 375
P. H. 2002/ 071 -APPLICATION 01-B2-92 and CASE NO. 1789
Applicant: PAUL BLADE (TABLED FROM DECEMBER 18, 2001)

COMMENTS: Proposal: Minor site plan modification to add a fence to an
existing commercial building; AND seeking a VARIANCE from the
provisions of Section 98-77( 1)( a) of the Deerfield Beach Land
Development Code in order to allow a fence which will be located 0 feet
from the front and side street property lines rather than 5 feet as required
by Code. Location: A portion 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 515 South Federal Highway.

Vice Mayor Noland asked how high is the fence that is being installed.
Gerald Ferguson, Director of Planning and Growth Management, stated that the
application indicates 5 feet high and the Code allows 6 feet. He said that the height was
not an issue in the variance but rather the setback.

Paul E. Blade, 515 South Federal Highway, Deerfield Beach, applicant, stated that he
requested a 5' fence, however, they obtained estimates for both four and five and
requested that they be allowed a 4' fence.

Vice Mayor Noland stated that the applicant has expressed concerns regarding the cars
at the Deerfield Beach Middle School and asked if he was experiencing problems with
the cars and walk through traffic?

Mr. Blade replied that they are not currently experiencing a problem with the cars,
however, they are with the pedestrian traffic walking through the parking lot and his
elderly clients does not always review their surroundings when backing out.

MOTION was made by Vice Mayor Noland and Seconded by Commissioner Clarke-Reed
to approve Item 4. 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 Item 4, PH 2002/ 071. Roll Call: YEAS: Commissioner Clarke-Reed,
Commissioner Gonot, Commissioner Trinchitella, Vice Mayor Noland and Mayor
Capellini. NAYS: None. 5
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REGULAR CITY COMMISSION MEETING JANUARY 8, 2002
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QUASI-JUDICIAL HEARINGS -CONTINUED
ITEM 5 TAPE 1, COUNT 608
P. H. 2002/ 090 -APPLICATION 01-RM25-66 and CASE NO. 1793
Applicant: HILLSBORO CONDOMINIUMS, LLC, by Gustavo Carbonell

COMMENTS: Proposal: To construct a 30,442 square-foot 14-unit multi-family
residential structure; 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 feet wide by 20 feet
long rather than 10 feet wide by 20 feet long; 2) from Section 98-61 in
order to allow a lot coverage of 50 percent rather than the maximum 40
percent; 3) from Section 98-61 in order to allow the structure to be located
9 feet from the front property line rather than 25 feet AND 4) from Section
98-61 in order to allow the structure to be located 15 feet from the rear
property line rather than 32 feet 6 inches as required by Code. Location: A
.48-acre parcel described as Lots 9, 10 and 11, Block 7 of DEERFIELD
BEACH, located at 9 N. E. 20 th Avenue.

Gerald Ferguson, Director of Planning and Growth Management, stated that Application
01-RM25-66 and Variance Case No. 1793, Hillsboro Condominiums, LLC, by Gustavo
Carbonell is requesting to construct a 30,442 square-foot 14-unit multi-family residential
structure at the intersection of A1A and Hillsboro Boulevard. The previous structure an
old hotel building. He highlighted the location and the proposed structure, with parking
at ground level, and covered parking spaces, which are associated with the setback a
variances that are being requested. Mr. Ferguson further stated that the applicant has
also requested 9 foot wide parking spaces rather than 10 feet, and lot coverage of 50%
rather than 40%, which relates to the covered parking spaces. The applicant is also
requesting a 9 foot setback from the front property line rather than 25 feet, because the
property is zoned RM-25, and a 15 foot rear setback rather than a 32' x 6" as required
by the Code. He said that the Community Appearance and the Planning and Zoning
Boards has recommended approval.

In response to Commissioner Clarke-Reed's question, Mr. Ferguson replied that the
building would be six (6) stories high, to include parking, however, it does meet the 55
feet height requirement limit. Therefore, the proposed building is 55 feet as measured
by the Code, which included the top of the roof but not the parapet.

Gustavo Carbonell, Architect for the proposed project, stated the proposed building
meets all of the City's requirements to include the landscape area. Also, after becoming
familiar with the City's Community Redevelopment Agency vision, they have proposed a
building that would be pedestrian friendly, therefore, they are proposing covered parking
along the street. He said they are requesting variances for parking space size, building
setbacks, lot coverage along A1A, and an extension of the ground floor for parking. 6
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REGULAR CITY COMMISSION MEETING JANUARY 8, 2002
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QUASI JUDICIAL HEARING -CONTINUED
In addition, Mr. Carbonell said that they are proposing to build 14 units of luxury
condominiums that would sell from $379,000 to $670,000 with covered parking to
protect the cars from the nearby traffic and landscaping near the intersection of
Hillsboro Boulevard and A1A. They are also creating a half-wall with decorative mason
to protect the vehicles.

Bertha Orosz, 9160 NE 1 st Street, Deerfield Surf Club, asked where would the driveway
be located?

Mr. Ferguson replied that the driveway is located on the north side of the property off of
A1A, with a two-way drive. He said that the pavement is 23 feet wide with a 5 feet
landscape buffer along the property line. He further stated the front of the proposed
building would face A1A and the back facing the west.

Ms. Orosz stated that her building is located next to the driveway, therefore, the building
will obstruct her view; however, she does not oppose the proposed condominiums.

Jim Gadgin, 48 NE 19 th Terrace, expressed concern with the number of variances
being granted and asked what was the height of the wall and if the balconies would be
placed on the west side of the building?

Mr. Ferguson replied that the proposed wall would be 6 feet and that the balconies
would be on both side of the buildings.

Mr. Gadgin stated that the motel and the parking lot were eyesores, however, the
previous structure was only one story high and the proposed structure would be six
stories high. Therefore, he is loosing a lot of privacy but does not oppose the proposed
project.

Mr. Carbonell stated that next to Mr. Gadgin's property would be a six foot wall,
screening the vehicles from the night lights and a 15 ft. landscape buffer. He said that
they are requesting a variance for approximately 9 -10 ft high to cover the parking
spaces and the actual tower would be approximately 30 ft from the neighboring property
line.

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

Commissioner Clarke-Reed asked if there would be additional landscaping along the
west wall? 7
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REGULAR CITY COMMISSION MEETING JANUARY 8, 2002
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QUASI JUDICIAL HEARING -CONTINUED
Mr. Ferguson replied no, and that the wall is not required by Code because it is
residential abutting residential. And is offered by the applicant as a measure to screen
the west property from the parking spaces.

In response to Commissioner Clarke-Reed's question, Mr. Carbonell replied that the
landscaping would consist of six (6) coconut palms, two (2) 18 ft gumbo limbos, which
are very large trees.

Vice Mayor Noland asked if the proposed building is similar in height to the Comfort
Suite across the street?

Mr. Ferguson replied that the proposed structure is not as tall as the Comfort Suite.
MOTION was made by Commissioner Trinchitella and Seconded by Commissioner
Gonot to approve Item 5, P. H. 2002/ 090. Roll Call: YEAS: Commissioner Clarke-Reed,
Commissioner Gonot, Commissioner Trinchitella, Vice Mayor Noland and Mayor
Capellini. NAYS: None.

ITEM 6 TAPE 1, COUNT 350
P. H. 2002/ 091 -APPLICATION 01-B3-86
Applicant: SUNSHINE STORAGE by J. W. Schmalz

COMMENTS: Proposal: Modification of two existing site plans to construct
two warehouse buildings totaling 6,657 square feet as part of an existing
warehouse complex for a total of 19,461 square feet. Location: A 1.07-
acre parcel described as Lots 5, 6, 7, 8, and 9, Block 31 of ARLINGTON
PARK, located at 801 South Deerfield Avenue.

There was no discussion on this item.
MOTION was made by Vice Mayor Noland and Seconded by Commissioner Clarke-Reed
to approve Item 6. 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 Item 6, P. H. 2002/ 091. Roll Call: YEAS: Commissioner Clarke-Reed,
Commissioner Gonot, Commissioner Trinchitella, Vice Mayor Noland and Mayor
Capellini. NAYS: None. 8
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QUASI JUDICIAL HEARINGS -CONTINUED
ITEM 7 TAPE 1, COUNT 355
P. H. 2002/ 092 -APPLICATION 01-CM1-1
Applicant: PETER WOLFF

COMMENTS: Proposal: Site plan modification to add landscaping and
parking and to modify parking layout. Location: A 6.93-acre parcel
described as a portion of Parcel A of ORIOLE INDUSTRIAL PARK, more
particularly described in the file, located at 4600 North Powerline Road.

There was no discussion on this item.
MOTION was made by Vice Mayor Noland and Seconded by Commissioner Clarke-Reed
to approve Item 7. 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 Item 7, P. H. 2002/ 092. Roll Call: YEAS: Commissioner Clarke-Reed,
Commissioner Gonot, Commissioner Trinchitella, Vice Mayor Noland and Mayor
Capellini. NAYS: None.

ITEM 8 TAPE 1, COUNT 358
P. H. 2002/ 093 -APPLICATION 01-CM3-6
Applicant: ATLANTIC COAST TOWER OF FLORIDA, INC., by Alan
Gabriel

COMMENTS: Proposal: To construct a 115-foot tall monopole
communication tower with associated equipment. Location: A .06-acre
parcel described as a portion of Parcel A of CRYSTAL BLUE PLAT, more
particularly described in the file, located at 1951 N. W. 44 th Street.

There was no discussion on this item. 9
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REGULAR CITY COMMISSION MEETING JANUARY 8, 2002
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QUASI JUDICIAL HEARINGS -CONTINUED
MOTION
was made by Vice Mayor Noland and Seconded by Commissioner Clarke-Reed
to approve Item 8. 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 Item 8, P. H. 2002/ 093. Roll Call: YEAS: Commissioner Clarke-Reed,
Commissioner Gonot, Commissioner Trinchitella, Vice Mayor Noland and Mayor
Capellini. NAYS: None.

ITEM 9 TAPE 1, COUNT 360
P. H. 2002/ 094 -SITE PLAN EXTENSION SITE PLAN 98-B3-76
Applicant: MWI CORPORATION

COMMENTS: Proposal: To construct a 19,604 square-foot warehouse
facility and parking area on 2.538 acres. Location: All of Lots 13, 14, 15
and 16 and a portion of Lots 17, 18, 19, 20, 21, 22, 23, 24 and the 10-foot
alley vacated per Ordinance 1988/ 33, of W. L. BRACKNELL
SUBDIVISION, together with a portion of the NE 1/ 4 of the NW 1/ 4 of the
NW 1/ 4 of Section 6, Township 48 South, Range 43 East, more
particularly described in the file, located at 310 North Deerfield Avenue.

There was no discussion on this item.
MOTION was made by Vice Mayor Noland and Seconded by Commissioner Clarke-Reed
to approve Item 9. 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 Item 9, P. H. 2002/ 094. Roll Call: YEAS: Commissioner Clarke-Reed,
Commissioner Gonot, Commissioner Trinchitella, Vice Mayor Noland and Mayor
Capellini. NAYS: None. 10
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REGULAR CITY COMMISSION MEETING JANUARY 8, 2002
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QUASI JUDICIAL HEARINGS -CONTINUED
ITEM 10 TAPE 1, COUNT 362
P. H. 2002/ 095 -SIGN CASE NO. 588
Applicant: NEWPORT COMMONS, TIC

COMMENTS: Proposal: Seeking a VARIANCE from the provisions of
Section 102-8( 2)( a) of the Deerfield Beach Land Development Code in
order to allow two additional 75 square-foot building signs. This request
will result in three signs totaling 250 square feet. Location: 1166 West
Newport Center Drive.

There was no discussion on this item.
MOTION was made by Vice Mayor Noland and Seconded by Commissioner Clarke-Reed
to approve Item 10. 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 Item 10, P. H. 2002/ 095,. Roll Call: YEAS: Commissioner Clarke-Reed,
Commissioner Gonot, Commissioner Trinchitella, Vice Mayor Noland and Mayor
Capellini. NAYS: None.

GENERAL ITEMS
ITEM 11 TAPE 1, COUNT 1021
Consideration to reaffirm the City's Annexation Policy adopted at the
November 26, 2001 Special City Commission Meeting.

COMMENTS: Commission to reaffirm the City's Annexation Policy
adopted at the November 26, 2001 Special City Commission Meeting
(Commissioner Trinchitella was not able to attend the meeting due to
illness).

There was no discussion on this item.
MOTION was made by Vice Mayor Noland and Seconded by Commissioner Clarke-Reed
to affirm the adoption of the North County Bill 11A d/ b/ a the Alvarez Bill. Roll Call:
YEAS: Commissioner Clarke-Reed, Commissioner Trinchitella, Vice Mayor Noland and
Mayor Capellini. NAYS: Commissioner Gonot. 11
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REGULAR CITY COMMISSION MEETING JANUARY 8, 2002
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GENERAL ITEMS -CONTINUED
ITEM 12 TAPE 1, COUNT 1047
Consideration of improvements for Pineview Cemetery and Memorial
Cemetery. (TABLED FROM 12/ 18/ 01 and 11/ 20/ 01)

COMMENTS: The City Manager's office is recommending approval of the
design concepts for both Pineview Cemetery and Memorial Cemetery
entrances features.

Larry Deetjen, City Manager, stated that the bus route currently travels on NW 4 TH
Court, however, there is a through street just south of the cemetery that links Dixie
Highway to Martin Luther King, Jr. Boulevard. And advised that a meeting is scheduled
with Broward County Transit on Monday, January 14, 2002, and he does not foresee
any problems. However, he expressed that all departments have reviewed the closure
of street and approved the concept.

Commissioner Clarke-Reed stated that she communicated with Phyllis Barrie, Broward
County Transit, and it was agreed that the bus route be discontinued in the residential
area because of the narrowing of the streets. She recommended that when the
Administration meets with Broward Transit, that they consider having the bus route
travel west of Dixie Highway to SW 10 th Street to MLK, Boulevard, and then North on
MLK Boulevard to Hillsboro east.

Mr. Deetjen concurred with the recommendation and stated that the route was
previously proposed, nevertheless, he would again make said recommendation.

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

ITEM 13 TAPE 1, COUNT 1116
Discussion to amend the Non-Uniformed Employees Pension Board
Retirement Plan to allow employees to retire at age 50 with 10 years
of service.

COMMENTS: Chairman of Non-Uniformed Employees Pension Board to
discuss with the City Commission amending the retirement plan to allow
employees to retire at age 50 with 10 years service.

Mayor Capellini referred Item 13 to the Administration to review and report back to the
Commission. 12
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REGULAR CITY COMMISSION MEETING JANUARY 8, 2002
13
GENERAL ITEMS -CONTINUED
In response to Commissioner Clarke-Reed's question, Larry Deetjen, City Manager,
replied that this is a request from the General Employees that are in the defined benefit
plan, which include those employees that were employed with the City prior to 1990.
He said that there are 89 participants that are currently in the system, and six that are
vested and no longer with the City.

Commissioner Clarke-Reed requested that the Administration also provide the status of
the new, non-uniform employees that are in the ICMA

Mayor Capellini recommended that the Commissioners meet with the Administration
individually and provide him with questions of concern and to have him report back to
the Commission.

Commissioner Gonot concurred with Commissioner Clarke-Reed in that this should not
be piece mill and recommended that it be tabled until the February 5, 2002 City
Commission meeting.

MOTION was made by Vice Mayor Noland and Seconded by Commissioner Trinchitella
to table Item 13 until February 5, 2002. Roll Call: YEAS: Commissioner Clarke-Reed,
Commissioner Gonot, Commissioner Trinchitella, Vice Mayor Noland and Mayor
Capellini. NAYS: None.

ADDENDUM
ITEM 13a TAPE 1, COUNT
Consideration to extend the Fire Rescue Service Agreement with the
Town of Hillsboro Beach to September 30, 2002.

COMMENTS: Consideration to extend the Fire Rescue Service
Agreement with the Town of Hillsboro Beach to September 30, 2002, with
a provision to open the Contract upon completion of the Fire Assessment
Fee Study to permit additional monies to be paid by the Town of Hillsboro
Beach to finance Fire Rescue Services on a fair and equitable basis.

Mayor Capellini directed the City Attorney to draft an agreement with the Town of
Hillsboro Beach to permit additional monies to be paid by them to finance the Fire
Rescue Services on a fair and equitable basis.

MOTION was made by Vice Mayor Noland and Seconded by Commissioner Clarke-Reed
to direct the City Attorney to draft an agreement with the Town of Hillsboro Beach
to finance the Fire Rescue Services on a fair and equitable basis. Roll Call: YEAS:
Commissioner Clarke-Reed, Commissioner Gonot, Commissioner Trinchitella, Vice
Mayor Noland and Mayor Capellini. NAYS: None. 13
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REGULAR CITY COMMISSION MEETING JANUARY 8, 2002
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CONSENT AGENDA
ITEM 14 TAPE 1, COUNT 1254
Resolution 2002/ -Tower License Agreement with Nextel South
Corp. D/ B/ A Nextel Communications.

COMMENTS: Resolution authorizing Tower License Agreement with
Nextel Communications for the location of an 80 foot monopole structure
in the City of Deerfield Beach.

Larry Deetjen, City Manager, recommended that this item be stricken until he receive
further information regarding the item.

MOTION was made by Vice Mayor Noland and Seconded by Commissioner Clarke-Reed
to strike Item 14. Roll Call: YEAS: Commissioner Clarke-Reed, Commissioner
Gonot, Commissioner Trinchitella, Vice Mayor Noland and Mayor Capellini. NAYS:
None.

ITEM 15 TAPE 1, COUNT 1268
Resolution 2002/ 001 -Authorization to renew the Annual Contract
with Wool Wholesale Plumbing for the purchase of backflow
preventers and pressure vacuum breakers.

COMMENTS: Resolution authorizing the renewal of the annual contract
for backflow preventers and pressure vacuum breakers with Wool
Wholesale Plumbing, for use by the Utilities Maintenance Division.

ITEM 16 TAPE 1, COUNT 1271
Resolution 2002/ 002 -Authorization to renew the Annual Contract
with Neptune Technology Group, Inc. for water meters.

COMMENTS: Resolution authorizing the renewal of an annual contract
with Neptune Technology Group, Inc. for the purchase of water meters for
use by the Utilities Maintenance Division. 14
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CONSENT AGENDA -CONTINUED
ITEM 17 TAPE 1, COUNT 1279
Resolution 2002/ 003 -Authorization to enter into a Contract with
Duval Ford for the purchase of a Ford Ranger Pickup Truck for the
Water Plant and the purchase of F250 Pickup Truck and a Ford
Explorer from Don Reid Ford

COMMENTS: Resolution to enter into contract with Duval Ford for the
purchase of a Ford Ranger Pickup Truck for the Water Plant for a cost of
$15,843.00 and the purchase of a F250 Pickup Truck and Ford Explorer
from Don Reid Ford for $42,670.00.

ITEM 18 TAPE 1, COUNT 1282
Resolution 2002/ 004 -Authorization to enter into an Agreement with
MBIA MuniServices for revenue enhancement services.

COMMENTS: Resolution to enter into agreement with MBIA MuniServices
for revenue enhancement services. Agreement will authorize MBIA to
provide for property tax discovery which evaluates property taxes
collected by Broward County and verifies that the City of Deerfield Beach
is correctly receiving funds for properties situated within the City
boundaries.

ITEM 19 TAPE 1, COUNT 1284
Ordinance 2002/ -Application 01-R-133, Verdell Stone by Sylvia
Poitier.

COMMENTS: To rezone approximately .108 acre from RS-7 (Residential,
Single Family) to B-1A (Business Flex District) 794 S. W. 2 Avenue

ITEM 20 TAPE 1, COUNT 1286
Ordinance 2002/ -Application 01-A-149, Verdell Stone by Sylvia
Poitier.

COMMENTS: To vacate and abandon approximately 83 feet of a 10-foot
wide alley lying adjacent to Lots 5,6,7 and 8 , Block 4 of Arlington Park,
located at 795 South Dixie Highway. c 15
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REGULAR CITY COMMISSION MEETING JANUARY 8, 2002
16
CONSENT AGENDA -CONTINUED
ITEM 21 TAPE 1, COUNT 1293
Resolution 2002/ 005 -Authorization to enter into an Agreement with
Area Agency on Aging of Broward County for paratransit services

COMMENTS: Authorization to enter into an Agreement with Area Agency
on Aging of Broward County for paratransit services.

ITEM 22 TAPE 1, COUNT 1288
Resolution 2002/ -Resolution amending Section 8.02 of the
personnel rules and regulations

COMMENTS: Resolution regarding personnel rules and regulations with
regard to insurance benefits.

Vice Mayor Noland stated that in the last paragraph of the proposed Resolution the age
47 still remains in the proposed Resolution and asked that it be amended accordingly.

Andrew Maurodis, City Attorney, replied that there are a couple of issues that should be
amended including language regarding vested employees.

Larry Deetjen, City Manager, stated that in 1990 the City Commission made the
decision for all general employees to close the pension system and that all employees
hired since 1990 would be in a defined contribution. So, when they retire they may
make a decision on how their money is invested and, therefore, can control the
investment and their money. He said that the City does not calculate a pension for
them because they are in a 401-pension plan and can retire regardless of age, and are
vested after five (5) years. And said that the majority of the employees are in the 401-
pension plan.

MOTION was made by Commissioner Vice Mayor Noland and Seconded by
Commissioner Gonot to table Item 22 until January 22, 2002. Roll Call: YEAS:
Commissioner Clarke-Reed, Commissioner Gonot, Commissioner Trinchitella and
Mayor Capellini. NAYS: None.

There were no discussions on items 15-21.
MOTION was made by Vice Mayor Noland and Seconded by Commissioner Clarke-Reed
to approve Items 15 through 21. Roll Call: YEAS: Commissioner Clarke-Reed,
Commissioner Gonot, Commissioner Trinchitella and Mayor Capellini. NAYS: None. 16
16 Page 17 18
REGULAR CITY COMMISSION MEETING JANUARY 8, 2002
17
ADMINISTRATIVE ACTIONS AND CITY MANAGER COMMENTS
Larry Deetjen, City Manager -Meeting with City's Fire Assessment Fee
Consultants
Larry Deetjen, City Manager, stated that on Tuesday, January 15, 2002,
the City's Fire Assessment Fee Consultants, Government Services Group, Inc. and
Nabors, Giblin & Nickerson, P. A., will be available to meet with the Commissioners on
an individual basis to address any questions or concerns from 10: 00 11: 30 a. m. He
further stated that the first reading for the fire assessment fee would be held on January
22, 2002. followed by the public hearing on February 5, 2002.

In response to Commissioner Trinchitella's question, Mr. Deetjen replied that the
Commission did not adopt an ordinance regarding fire assessment fees, but adopted
the budget that planned for a fire assessment fee.

Commissioner Trinchitella asked if it was required that the City hire a consultant to
substantiate how much of the budget the citizens can afford for said fee.

Andrew Maurodis, City Attorney, stated that legally if the Commission supports the fee,
the study is required to assure that the amount that the Commission chose, is
apportioned in the appropriate way.

Commissioner Trinchitella stated that the Commission has recommended that the
assessment fee be $30.00 and asked if the Administration would adhere to that
amount?

Mr. Deetjen said that the study indicates that over $6 million of the Fire Rescue budget
is eligible for an assessment fee, therefore the City can charge as much as $100.00;
however, he does not recommend said amount. He said in reviewing the budget and
projections, as well as the estimated correction fee, he recommended that the fee be
$49.00.

Commissioner Clarke-Reed asked if the $30.00 fee would be assessed this year and
the fee increased next year when it is included with the taxes?

Mr. Deetjen recommended that he meet with the Commissioners individually to address
their questions and concerns regarding this matter.

City's Washington D. C. Firm -Mr. Deetjen further stated that the City must continue
to fight for its share of monies to fund projects. He announced that the City's annual
meeting, with its Washington DC lobbyist, will be held on Wednesday, January 16,
2002, at 3: 00 p. m., and encouraged the Commission to attend said meeting. 17
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REGULAR CITY COMMISSION MEETING JANUARY 8, 2002
18
ADMINISTRATIVE ACTIONS AND CITY MANAGER COMMENTS
Sound Walls along Riverglen Homeowners
--Mr. Deetjen stated that there has been
an ongoing matter at Riverglen Homeowners Association that abuts the Florida
Turnpike. He announced that there will be a meeting at Mr. Collins home, on Thursday,
January 24, 2002 at 1: 30 p. m. to discuss sound barriers, possibly a wall or landscaping.

Commissioner Gonot requested that the City Engineer and/ or a representative from the
Engineering Department attend said meeting.

City Attorney -No Report.
City Clerk
-No Report.
COMMENTS BY MAYOR AND COMMISSIONERS
Commissioner Clarke-Reed -Martin Luther King, Jr. Celebration
Commissioner
Clarke-Reed announced the activities for the Martin Luther King Celebration: Thursday,
January 17, 2002, opening of carnival at Westside Park. Presale tickets are available at
Westside Park or the Community Services Department, Pioneer Park. Saturday,
January 19, 2002, the annual brunch at Westside Park Recreation Center, 10: 00 a. m.,
tickets are $10.00. Monday, January 21, 2002, the parade/ march, begins at Deerfield
Beach High School and end at Westside Park/ Leo J. Robb Gymnasium. She urged all
to participate, civic organizations, businesses and citizens.

Commissioner Gonot Motorized Vehicles at the Village of Hillsboro Park
Commissioner Gonot stated that he has received several complaints regarding
motorized vehicles at the Village of Hillsboro Park after hours, therefore, he requested
that the Administration review the matter.

AT& T Broadband Cable TV-Commissioner Gonot requested the status of the cable
situation. He said that he read that AT& T Broadband Cable TV may possibly merge
with Comcast and asked if there is any relief regarding cable for the Deer Creek and
Independence Bay area to include possibly receiving services from Comcast.

Larry Deetjen, City Manager, stated that there is no indication that AT& T Broadband is
completing the service in the City, specifically the subject communities. He said that
some residents have indicated that AT& T have indicated that they would like individual
signed easement agreements from every homeowner in Deer Creek prior to them
servicing the area. 18
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REGULAR CITY COMMISSION MEETING JANUARY 8, 2002
19
Commissioner Gonot suggested possibly contacting the state representatives regarding
this matter. He said that the two neighborhoods are in isolated areas and have no relief
without cable services.

COMMENTS BY MAYOR AND COMMISSIONERS
Mayor Capellini stated that it has been estimated at approximately $2 million capital
improvement to install broadband in the two communities.

Commissioner Trinchitella stated that the MediaOne (AT& T Broadband) contract with
the City was delayed and not entered into because they refused to enter into an
agreement with the City outlining the following: Prior to MediaOne implementing a fee
increase to the citizens, they must provide a 60 day notice, allow the City to audit their
books to justify the increase, and cover the cost for said audit.

Commissioner Trinchitella -Ordinance to allow City Commissioners to Purchase
Insurance
Commissioner Trinchitella request that the Commission consider an
ordinance allowing the City Commissioners to maintain the City's insurance upon
retirement from office at his/ her expense.

It was the consensus of the Commission to have the City Attorney to draft an ordinance
with said stipulation.

Vice Mayor Noland -Florida WWII Memorial Committee -Vice Mayor Noland
stated that the Commission is in receipt of correspondence from the Broward County
World War II Memorial Committee requesting all cities within Broward County to help
raise $2.6 million needed to fund a permanent and traveling state memorial to create a
curriculum to educate our youth about the lessons of World War II, and the sacrifices
our country and its people made to save freedom. Therefore, she suggested that the
Commission contribute $1000 toward the permanent memorial in the Museum of Florida
History in Tallahassee, public education materials, and programs in schools and
communities statewide.

MOTION was made by Vice Mayor Noland and Seconded by Commissioner Gonot to
contribute $1000 to the Florida WWII Memorial. Roll Call: YEAS: Commissioner Clarke-Reed,
Commissioner Gonot, Commissioner Trinchitella, Vice Mayor Noland and Mayor
Capellini. NAYS: None.

Traffic Caution -Vice Mayor Noland urged the citizens to take precaution when driving
and adhere to the traffic laws, to include stopping at the stop signs, and red lights.. She
said that many of the tourists are back in the area, in addition to the current traffic,
therefore she urged all to be cautious when driving, especially in the school zones.

Tractor Trailers Parked throughout the City -Vice Mayor Noland stated that there
have been several tractor trailers parked overnight in the Cove Shopping Center, the
Middle School, and K-Mart and requested that the Commission consider an ordinance 19
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REGULAR CITY COMMISSION MEETING JANUARY 8, 2002
20
prohibiting such. She said that the City of Boca Raton does not allow them to park
overnight so they are now coming into the City of Deerfield Beach.

COMMENTS BY MAYOR AND COMMISSIONERS
Vice Mayor Noland Continued
Dedication of Ed Dietrich, Sr. Street
-Vice Mayor Noland further announced that on
Thursday, January 17, 2002 at 10: 00 a. m. Ed Dietrich, Sr. Street will be dedicated.

Mayor Capellini -Request for Stop Sign at 32 nd Avenue and 33 rd Terrace Mayor
Capellini stated that he received a call form a citizen complaining about the cars
speeding on SW 4 th Street between 32 nd Avenue and 33 rd Terrace and requested that a
stop sign be installed. He directed the Administration to look into the matter.

Land Acquisition regarding the Purchase of Property along Dixie Highway -Mayor
Capellini stated that as a member of the Metropolitan Planning Organization,
(MPO) he was informed that the Florida Department of Transportation, FDOT, informed
them that they have began the land acquisition for the purchase of property along Dixie
Highway for the Dixie Highway Flyover. However, they have yet to make one purchase
or contact any of the owners along said corridor. Therefore, he requested that
Commissioner Gonot being an employee with FDOT provide the Commission with an
updated status if possible.

Commissioner Gonot explained that when FDOT is in the acquisition process they first
contact the appraisers, in which they have done. He said that there are mechanisms,
which recently became available that the owners of the Mouthful can take advantage of,
by claiming a hardship and requesting to accelerate the acquisition process. However,
the Mouthful owners have decided not to proceed with the hardship, but are waiting for
the regular acquisition process.

Commissioner Clarke-Reed asked if the City expends the funds to purchase the two
pieces of property along Dixie Highway that very much needs to be purchased due to
the health of the owners, would FDOT reimburse the City?

Mayor Capellini recommended that he and the Administration contact Richard Chesser
with FDOT regarding the status of the land acquisition. He also stated that they would
contact E. Clay Shaw, and inquire about the $1.5 million that was allocated for the City
of Deerfield Beach, Dixie Highway Flyover project because he has been advised that
the $1.5 million would be transferred to FDOT, which he is not in favor of

Commissioner Gonot stated that he would attempt to contact Mr. Chesser tomorrow
regarding the City's concern and report back to the Commission. 20
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REGULAR CITY COMMISSION MEETING JANUARY 8, 2002
21
Commissioner Trinchitella also asked that inquiries be made regarding the agreement
that the City entered into five years ago with FDOT regarding the widening of SW 10 th
Street to six (6) lanes.

Mayor Capellini stated that said project is not ranked high on the list.
PUBLIC TO BE HEARD TAPE 1, COUNT 1906
Gina Zollo, 913 SE 13 th Court, complained about the speeding traffic on SE 13 TH Court
and asked if the Commission and Administration could look into the matter. She also
requested a status of the traffic-calming project in her area.

Mayor Capellini asked the Administration to meet with Ms. Zollo regard the traffic
concerns.

Vice Mayor Noland stated that with the new Target Store, a median would be
constructed in the area to prevent traffic from going into the neighborhood.

Larry Deetjen, City Manager, stated that he would be meeting with Target's counsel
regarding an update on issues at the Store. In addition, the street improvements have
began on SE 15 TH and completion of the project is scheduled for March or April,
therefore, work will be completed prior to the summer season.

ADJOURNMENT
There being no further business, the meeting was adjourned at 8: 15 p. m.

ALBERT R. CAPELLINI, P. E., MAYOR
ATTEST:
______________________________________
ADA GRAHAM-JOHNSON, CMC, CITY CLERK 21