CITY OF DEERFIELD BEACH
REGULAR CITY COMMISSION MEETING MINUTES
Tuesday, January 22, 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 George Bowles, Bread of Life Christian Center,
followed by the Pledge of Allegiance to the flag.

APPROVAL OF THE MINUTES TAPE 1, COUNT 44
Regular City Commission Meeting – January 8, 2002
MOTION was made by Vice Mayor Noland and Seconded by Commissioner Clarke-Reed
to approve the Regular City Commission Meeting minutes of January 8, 2002; 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. Planning & Zoning Board, November 1, 2001
2. Code Enforcement Board, December 10, 2001

There was no action taken on this item. 1
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REGULAR CITY COMMISSION MEETING MINUTES JANUARY 22, 2002
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APPROVAL OF THE AGENDA
Added Addendum Item 16a
MOTION was made by Commissioner Clarke-Reed and Seconded by Vice Mayor
Noland to add Addendum Items 16a 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 Martin Luther King, Jr. Celebration activities on January 21, 2002. And
announced the 22 nd Annual Art Festival at Pioneer Park on January 26-27, 2002.

WRITTEN REQUEST TO ADDRESS THE COMMISSION
None

PUBLIC HEARINGS -CHANGE OF USE
ITEM 1 TAPE 1, COUNT 177
P. H. 2002/ 110 -
Applicant: Quizno's Subs
COMMENTS: Location: 3796 W Hillsboro Blvd.
Proposed Use: restaurant
Previous Use: optometrist/ merchant (Deerfield Optometric Center)

ITEM 2 TAPE 1, COUNT 180
P. H. 2002/ 111 -
Applicant: Parsi Herbs
COMMENTS: Location: 132 N Federal Hwy.
Proposed Use: massage therapy, acupuncture, merchant
Previous Use: business office (Bio-Mark International)

ITEM 3 TAPE 1, COUNT 183
P. H. 2002/ 112 -
Applicant: National Research & Recovery, Inc.
COMMENTS: Location: 4100 N Powerline Rd.. #M5
Proposed Use: repossession agency
Previous Use: distributor (Pride VI, Inc.) 2
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REGULAR CITY COMMISSION MEETING MINUTES JANUARY 22, 2002
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PUBLIC HEARINGS -CHANGE OF USE – CONTINUED
ITEM 4 TAPE 1, COUNT 185
P. H. 2002/ 113 -
Applicant: Souza Plastics, Inc.
COMMENTS: Location: 1234 SW 1 st Way
Proposed Use: wholesale
Previous Use: air conditioning repair (A Cool Control, Inc.)

ITEM 5 TAPE 1, COUNT 190
P. H. 2002/ 114 -
Applicant: NutrLife
COMMENTS: Location: 100 S Military Trail. Bay 22-24
Proposed Use: mail order (office only)
Previous Use: merchant (Anything goes Outlet, Inc.)

ITEM 6 TAPE 1, COUNT 195
P. H. 2002/ 115 -
Applicant: Cobbler 12
COMMENTS: Location: 284 S Federal Hwy.
Proposed Use: shoe repair
Previous Use: podiatrist (Richard Nettbou/ Martin Shank)

There was no discussion on items 1-6.

MOTION was made by Commissioner Clarke-Reed and Seconded by Commissioner
Gonot 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 1-6. Roll Call: YEAS: Commissioner Clarke-Reed,
Commissioner Gonot, Commissioner Trinchitella, Vice Mayor Noland and Mayor
Capellini. NAYS: None. 3
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REGULAR CITY COMMISSION MEETING MINUTES JANUARY 22, 2002
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PUBLIC HEARINGS -CHANGE OF USE – CONTINUED
ITEM 7 TAPE 1, COUNT 201
P. H. 2002/ 116 -
Applicant: Curves for Women
COMMENTS: Location: 3944 W Hillsboro Blvd.
Proposed Use: health club, private school, merchant
Previous Use: merchant (Array Gift and Clothing)

Vice Mayor Noland asked if the proposed business is a private school?
Peter Wiercinski, 5382 214 th Court South, Boca Raton, Florida, replied that Curves for
Women is a 30 minutes exercise center designed for women.

Commissioner Clarke-Reed asked what type of merchandise would they sell?
Mr. Wiercinski replied that they would only sell the service, a 30-minute workout. He
said that they will have shirts and items, but they are given as gifts or awards as the
individuals improve their posture and health.

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.

PUBLIC HEARINGS
ITEM 8 TAPE 1, COUNT 266
P. H. 2002/ 103 -Ordinance 2002/ 001 -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.

Burk Bracy, 207 SW 5 th Court, Deerfield Beach, Florida, stated he has been a resident
of the City since 1956 and is speaking on behalf of the pioneers of Deerfield Beach. He
said that they are in opposition of the proposed abandonment to close the 10-foot wide
alley because pedestrians use it. 4
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REGULAR CITY COMMISSION MEETING MINUTES JANUARY 22, 2002
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PUBLIC HEARINGS -CONTINUED
Gerald Ferguson, Planning and Growth Management Director, highlighted the subject
parcels, Lots 5,6,7 and 8 and the adjacent properties to the alley. He said that the
subject alley has not been used.

Commissioner Clarke-Reed stated that she was not aware that the residents in the area
were opposed to abandoning the subject alley. She has not received any telephone
calls or correspondence expressing such opposition.

Sylvia Poitier, representative for applicant, Verdell Stone, stated that currently the alley
does not allow thorough access. She said that Mr. Stone previously met with Mr. Bracy
and inquire if he wish to abandon his property that is located south of 8 th Street, he said
no; therefore, it was not made a part of the abandonment request. Ms. Poitier further
stated that although, Mr. Bracy resides on 5 th Court, and owns three properties south of
8 th Street, the proposed abandonment would not affect his properties even though it is
adjacent to his property.

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 stated that Ms. Poitier has indicated that the proposed
abandonment would not affect Mr. Bracy's property, lot 9, and asked if that is correct?

Mr. Ferguson replied no, it is not in the same block.
MOTION was made by Commissioner Clarke-Reed and Seconded by Commissioner
Trinchitella to adopt Ordinance No. 2002/ 001. Roll Call: YEAS: Commissioner Clarke-Reed,
Commissioner Gonot, Commissioner Trinchitella, Vice Mayor Noland and Mayor
Capellini. NAYS: None.

ITEM 9 TAPE 1, COUNT 515
P. H. 2002/ 104 -Ordinance 2002/ 002 -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

Gerald Ferguson, Planning and Growth Management Director, stated that Item 9 is in
conjunction with Item 8 with a site plan to refurbish and add landscaping and parking to
the Dell's Place Lunge and Grill on South Dixie Highway. 5
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REGULAR CITY COMMISSION MEETING MINUTES JANUARY 22, 2002
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PUBLIC HEARINGS -CONTINUED
Sylvia Poitier, representative for the applicant, stated that Yvonne Lacy Dunlap owns lot
8 and has consented to the proposed rezoning, although her property is adjacent to the
lot 8.

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

In response to Vice Mayor Noland's question, Gerald Ferguson, Planning and Growth
Management Director, replied lot 8 is not before the Commission tonight.

MOTION was made by Commissioner Clarke-Reed and Seconded by Commissioner
Trinchitella to adopt Ordinance No. 2002/ 002. Roll Call: YEAS: Commissioner Clarke-Reed,
Commissioner Gonot, Commissioner Trinchitella, Vice Mayor Noland and Mayor
Capellini. NAYS: None.

ITEM 10 TAPE 1, COUNT 563
P. H. 2002/ 109: CONSIDERATION TO ENTER INTO A PROPERTY
ACQUISTION AGREEMENT BETWEEN THE CITY OF DEERFIELD
BEACH AND PROCACCI/ CIOCE. THE ADMINISTRATION IS
RECOMMENDING THAT THE LAND PURCHASE POLICY BE
AMENDED WITH REGARDS TO SELLING BACK TO THE OWNER OF
THIS PROPERTY A PORTION OF THE LAND TO DEVELOP WITH
VOLUNTARY COVENANTS AN OFFICE AND THE SOUTHERN END
WOULD BE RETAINED BY THE CITY TO EXPAND THE HOWARD
MAYO PARK.

COMMENTS: Administration is requesting that the policy be changed with
regards to selling back to the owner of this property a portion of the land to
develop with voluntary covenants an office and the southern end would be
retained by the City to expand the Howard Mayo Park.

Joseph Floyd, 1031 SW 8 th Avenue, Deerfield Beach, stated that he resides east of the
subject property and asked if the proposed property is being rezoned from residential to
commercial?

Andrew Maurodis, City Attorney replied no, rather it is considering to allow the owner to
repurchase his property. However, if the owner is granted authorization to repurchase
his property and wishes to rezone it, he would have to go through the appropriate
rezoning process to do so. 6
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REGULAR CITY COMMISSION MEETING MINUTES JANUARY 22, 2002
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PUBLIC HEARINGS – CONTINUED
Andrew Pratt, 495 NW 3 rd Terrace, Deerfield Beach, asked what is the City's reason for
selling the property back to the property owner.

Larry Deetjen, City Manager, stated that initially the City enter into an agreement to
purchase the property and is making payments to the owner; therefore, the City has not
acquiree the deed to the property. He said that it is his belief that if the entire property
is developed, and offices are constructed, it would compliment the property east of the
park. To include the proposed FAU Research Center that is to be constructed directly
across the street, and also reduce the amount of vandalism that is now being
experienced at the Mayo Howard Park. He said that there is also a potential day care
facility, and offices whose employees will utilize the park, which will help with security
and reduce vandalism. Also, the City will receive tax base should the developers build
a complex, and expand the parking lot at the Mayo Howard Park. Therefore, he
envisions the purchase of the property by the owner as a positive position for the City.

In response to Mr. Pratt's question, Andrew Maurodis, City Attorney, replied that the
City has a lease with an option to purchase the property after 10 years. He said that the
City as the right of occupancy with the option to purchase the property.

Mr. Pratt further asked what portion of the property is being sold back to the owner?
Mr. Deetjen replied because of the Commission's decision some years ago with the
owner, the City will have to negotiate the agreement and the site plan. In addition, the
owner would be required to secure the survey and the preparation of the legal
document indicating what portion of land would be deeded to the City and the land that
would remain privately owned by the developer. He said that he recommended that the
southern end of the property be deeded to the City for future expansion of the park, for
$1.00 as opposed to $140,000.

Sylvia Poitier asked if Mr. Procacci was present at the meeting?
Mr. Deetjen replied no, however, he had attended two meetings in which this item was
scheduled but was tabled.

Ms. Poitier asked if Mr. Procacci dedicated any land to the City when he developed the
strip mall that is located on SW 10 th Street? She said when she sat on the Broward
County Board of County Commissioners, she assisted him in acquiring the property
back because he was the only living member of the Board of Directors of
Commonwealth Development. And he promised her that if the County did not use the
land within 10 years, it had to revert back to its owner. She said that many of the
citizens before the Commission have lived in this City for all their lives and have
donated property to the 7
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REGULAR CITY COMMISSION MEETING MINUTES JANUARY 22, 2002
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PUBLIC HEARINGS -CONTINUED
City for the widening of SW 10 th Street, however, Mr. Procacci has not donated any
property.

Mayor Capellini stated that it is his understanding that Mr. Procacci acquired the
property back for the right-of-way of SW 10 th Street.

Ms. Poitier stated that she placed the item on the Board of County Commission Agenda
and as a result of placing the item on the agenda, the County did not purchase the
property and Mr. Procacci acquired it free. She further stated that Mr. Procacci
promised that for the strip mall, he would dedicate the land to the City for open space,
for a park. She also stated that there are many children in the area of SW 10 th to SW
15 th Street, and that there is no park, with the exception of Mayo Howard Park.
Therefore, the City cannot diminish the park and Mr. Procacci had promised to donate a
portion of the land for a park.

Commissioner Trinchitella asked how was Mr. Procacci able to acquire the property
free?

Ms. Poitier replied that the law states that if the County or a City condemns your
property for a public use, and is not used in 10 years, it may revert back to the owner.
She further stated that SW 10 th Street was originally planned for a six-lane highway and
not four. However, the FDOT recommended a four-lane and a flyover that was
defeated by Century Village. Thereafter, there were no intentions of constructing SW
10 th Street into a six-lane highway. She said that Mr. Procacci was granted the
opportunity to develop the Mobil Station and the strip mall without having to dedicate the
City any land.

Mayor Capellini stated that he was on the Commission at said time and voted against
the Commission approving the development for the Mobil Station and the strip mall that
is located on SW 10 th Street.

Mr. Deetjen stated that in 1994-1995 the Commission, with the exception of
Commissioner Gonot, entered into an agreement with Mr. Procacci. He said that land
could have been developed commercially through the subject agreement, but the City
stopped that from happening. At this time the City has an opportunity to have the land
donated for park purposes.

Ms. Poitier asked what land did Mr. Procacci donate for the shopping center, and if
none, she suggested that the City condemn it and take the property. She further stated
that as concerned citizens they need to know why Mr. Procacci was able to build up to
SW 10 th Street and not dedicate to the City any land. Additionally, she said that no
other development has been able to build out its entire property and not dedicate any
land. 8
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REGULAR CITY COMMISSION MEETING MINUTES JANUARY 22, 2002
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PUBLIC HEARINGS – CONTINUED
Fred Scott, 1321 SW 5 th Terrace, stated that the neighbors in the community police the
park and also pay BSO to police the area while citizens are working and during the night
hours. He further stated that the City originally purchase the property to assure that the
developer would not be able to build commercial establishments directly behind the
homes, yes the City approved the Mobil Station and shopping mall in which the
community opposed. Mr. Scott said currently the strip mall that is located on SW 10 th
Street is half-vacant and the property is not being maintained. Therefore, he expressed
opposition to another complex being constructed and suggested that the City use the
property to expand the park.

Mr. Deetjen said that he is not here to defend anyone, but would like the facts to be told.
He said that for years since the strip mall was built, space was leased by Woodcraft,
who unfortunately made a decision to consolidate and is no longer a tenant. Further,
the existing tenants, Brazilian Deli, are in the process of expanding their business and
are under construction in the subject strip mall. In addition, Mr. Deetjen said that each
time he has visited the area behind the mall it has been well maintained. He also said
that the City cannot expand the park without acquiring the land for $150,000.

Mr. Scott suggested that the parking lot at Mayo Howard Park be expanded to prevent
parking on the grass.

Mr. Deetjen replied that it is his job to make recommendations and the City Commission
must make the policy decision. He said that he has a budgetary responsibility and the
City just made an interest payment of $15,000 in December for the subject property.
So, he must review the area, the existing park, the level of maintenance, and the
problems that are existing, and attempt to resolve those problems, as well as the
compliment of the research park that will be developed in the area. Therefore, he is
only presenting an alternative to the Commission and they will make the final decision.

In conclusion, Mr. Scott urged the Commission to listen to the people and deny the
Administration's recommendation.

Sheila Foster, 570 SW 14 th Street, stated that she is a resident of the Commonwealth
Manor and distributed pictures of the subject park. She said as a parent and resident
she would like to see the park expanded, and to use the property for what was planned,
and that is a park. The park is well utilized and she was not aware of the vandalism as
indicated by the City Manager, and asked that it be maintained the same as the other
parks throughout the City. Although the Administration has indicated that it would like to
accommodate the FAU Research Center, she said that those that work and visit FAU
would come and go, however, the residents of the community would like to see the park
expanded. She said that the park represents beauty and is a safe place for the children
in the community. 9
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REGULAR CITY COMMISSION MEETING MINUTES JANUARY 22, 2002
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PUBLIC HEARINGS -CONTINUED
Angelia Storr, 1041 SW 8 th Avenue, stated that she would like to make known the
wishes of the majority of the homeowners association and asked that this Item be tabled
due to the short notice that they received. And to allow the homeowners to fully
research and study the Administration's recommendation. She said that the property
was given back to Mr. Procacci because he was the only living member, for the original
owner of the development. She said that the County gave the property back to Mr.
Procacci and the Commission allowed him to construct the Mobil Station, waive the
variances, change the building code from residential to commercial, fully aware that the
residents in the area did not want the gas station. Ms. Storr stated that they were
informed that the City purchased the property, however, the item before the
Commission is to sell the property back to the owner and allow him to build another strip
mall.

Additionally, Ms. Storr stated that she was not able to obtain a copy of the Florida
Statutes relating to reverting property back to the owner. Therefore, she requested that
this item be tabled or deny the City's Manager's recommendation. She said that the
citizens have elected this Commission and trust that when decisions are made that they
should not police the Commission. She further stated that the citizens were told that the
City would purchase the property and expand the park to correct the wrong that was
done to the homeowners in the subject area, which was stated by Commissioner
Trinchitella.

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

Mayor Capellini recommended that the Commission deny the application. He further
stated that he previously voted against rezoning the property, and once it was rezoned,
Angelia addressed the Commission and he asked her would she like Procacci to own
the property or Mobil? If Mobil, the community would have a better neighbor and the
property would be better maintained. Mayor Capellini said that Mr. Procacci owns the
property adjacent to the Mobil Station and it is beginning to deteriorate and the Mobil
Station has been maintained.

Additionally, Mayor Capellini stated that the agreement expires in 2005 and suggested
that the Administration determine how much it would cost the City to acquire the
property.

Commissioner Trinchitella said that the property was sold for use as a park, therefore, it
should remain as such. 10
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REGULAR CITY COMMISSION MEETING MINUTES JANUARY 22, 2002
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PUBLIC HEARINGS -CONTINUED
Commissioner Clarke-Reed asked that the subject property be on the list for Broward
County to purchase land for use of a park.

MOTION was made by Vice Mayor Noland and Seconded by Commissioner Clarke-Reed
to deny the Administration's recommendation. 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 11 through 13 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 11 through 13.

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

In response to Mayor Capellini's question, none of the applicants objected to staff's
report.

ITEM 11 TAPE 1, COUNT 1506
P. H. 2002/ 100 -APPLICATION 01-B1-158 and CASE NO. 1784
Applicant: VERDELL STONE by Sylvia Poitier

COMMENTS: Proposal: Renovation of an existing l, 766 square-foot
lounge and restaurant and addition of off-street parking facilities; AND
seeking the following 5 VARIANCES from the provisions of the Deerfield
Beach Land Development Code: 1) from Schedule B in order to allow 16
parking spaces rather than the required 19 spaces; 2) from Schedule C in
order to allow parking spaces 9 feet wide by 19 feet long rather than 10
feet wide by 20 feet long; 3) from Section 98-80( b) in order to eliminate the
10-foot landscape buffer required along abutting rights-of-way and also to
provide a varying rear landscape buffer of 2 to 4 feet rather than the

required 5 feet; 4) from Section 98-88( b) in order to allow parking area
surfaces to extend to the property line rather than set back 5 feet; AND 5)
from Section 98-77( 3) in order to allow a non-residential use abutting a
residential zone to provide a 6-foot wood fence buffer rather than a 6-foot
CBS wall buffer. Location: A .285-acre parcel described as Lots 5, 6 and
7, Block 4 of ARLINGTON PARK, located at 785 South Dixie Highway. 11
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REGULAR CITY COMMISSION MEETING MINUTES JANUARY 22, 2002
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QUASI JUDICIAL HEARINGS -CONTINUED
ITEM 12 TAPE 1, COUNT 1511
P. H. 2002/ 101 -APPLICATION 01-B3-85 and CASE NO. 1786
Applicant: SUNSHINE STORAGE by J. W. Schmalz

COMMENTS: Proposal: To construct a 5,787 square-foot warehouse
building; AND seeking the following 2 VARIANCES from the provisions of
the Deerfield Beach Land Development Code: 1) from Section 98-61 in
order to allow a 0-foot rear setback rather than the required 10 feet; and 2)
from Section 98-77( 3) to eliminate the required concrete block wall
screening the existing residential use from the proposed industrial
development. Location: A .305-acre parcel described as Lots 1 and 2,
Block 30 of ARLINGTON PARK, located at 60 S. W. 8 th Court.

ITEM 13 TAPE 1, COUNT 1517
P. H. 2002/ 102 -APPLICATION 01-PID-1AB and CASE NO. 1795
Applicant: JM FAMILY ENTERPRISES

COMMENTS: Proposal: To construct a 14,000 square-foot day care
facility; AND seeking CONDITIONAL USE approval in accordance with
the provisions of Section 98-57( c)( 1) of the Deerfield Beach Land
Development Code in order to allow a child day care center in a PID
zoning district. Location: A 1.631-acre parcel described as Parcel 8A of
HILLSBORO PLAZA, located at 640 N. W. 12 th Avenue.

There was no discussion on Items 11-13.
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 11-13. Roll Call: YEAS: Commissioner Clarke-Reed,
Commissioner Gonot, Commissioner Trinchitella, Vice Mayor Noland and Mayor
Capellini. NAYS: None. 12
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REGULAR CITY COMMISSION MEETING MINUTES JANUARY 22, 2002
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GENERAL ITEMS
ITEM 14 TAPE 1, COUNT 1535
Annexation update by Larry Deetjen, City Manager
COMMENTS: Larry Deetjen, City Manager to present report with regards
to updating the Commission on the annexation issue.

Larry Deetjen, City Manager, stated included in the Commission's backup is the latest
bill language for annexation, which was circulated to the Annexation Sub-Committee of
the Broward Delegation. He said that it is not the bill that the City Commission voted on
and the policy that it approved. Mr. Deetjen further stated that the Broward Delegation
would consider the annexation tomorrow or Thursday in Tallahassee. And advised that
the City Clerk has on two occasions forwarded copies of the Resolution adopting the
City's policy on annexation.

Vice Mayor Noland recommended that a copy of Resolution No. 2001/ 173 to the
delegations in Tallahassee.

MOTION was made by Vice Mayor Noland and Seconded by Commissioner Clarke-Reed
to direct the Administration to forward a copy of Resolution No. 2001/ 173 to
delegations in Tallahassee. Roll Call: YEAS: Commissioner Clarke-Reed,
Commissioner Trinchitella, Vice Mayor Noland and Mayor Capellini. NAYS:
Commissioner Gonot.

ITEM 15 TAPE 1, COUNT 1583
Consideration to waive impact fees related to the JM Youth
Automotive Center.

COMMENTS: JM Family Enterprises is requesting that the City waive all
impact fees in conjunction with JM Youth Automotive Center.

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

ITEM 16 TAPE 1, COUNT 15
Boca Raton Airport Authority seeking an appointment to serve on
the Airport Authority Noise Compatibility Advisory Committee
(NCAC)
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REGULAR CITY COMMISSION MEETING MINUTES JANUARY 22, 2002
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GENERAL ITEMS -CONTINUED
COMMENTS: Boca Raton Airport Authority requesting that the City
appoint two (2) individuals to serve on their new Noise Compatibility
Advisory Committee (NCAC). Possible recommendations from the City
Manager are Bob Ferguson, an airline pilot for American Airlines and a
resident of Deerfield Beach, and Robert Dimond, also a Deerfield Beach
resident who worked closely with the City on the "no feeding of marine
animals" Ordinance.

Mayor Capellini stated that he has attended a number of meetings with the Boca
Raton Airport Authority along with State Representatives and Senators regarding
having representatives from the neighboring cities serve on the Airport Authority.
He said currently on the seven-member board, five of the members are from the
City of Boca Raton, and one from Palm Beach County. Since the Senators and
State Representatives have expressed their desire to have representation on the
Airport Authority, a letter was forwarded advising that the Boca Raton Airport
Authority is preparing to restart the former Noise Compatibility Committee (NCC).
And requested that the cities of Highland Beach, Delray Beach, Deerfield Beach
and Hillsboro Beach appoint members to serve on this committee.

Further, Mayor Capellini stated that the NCC is an advisory committee with no
voting authority. Therefore, he recommended that the Administration forward a
letter to the Boca Raton Airport Authority until a decision is made by the
legislators as to whether the neighboring cities would be allowed to have
representation on the Airport Authority.

It was the consensus of the Commission to direct the Administration to send a
letter to the Boca Raton Airport Authority and delay appointments.

ADDENDUM
ITEM 16a TAPE 1, COUNT
Discussion of language proposed by Electric Company relating to
local government approval to locate electric substations in
urban/ suburban areas.

COMMENTS: The Florida League of Cities, Inc, has notified the City that
language is being proposed by Electric Company, who contends that they
have been having problems obtaining local government approval to locate
electric substations in urban/ suburban areas, particularly infill areas.

There was no discussion on this item. 14
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REGULAR CITY COMMISSION MEETING MINUTES JANUARY 22, 2002
15
GENERAL ITEMS -CONTINUED
MOTION
was made by Vice Mayor Noland and Seconded by Commissioner Clarke-Reed
to direct the City Attorney to draft communication opposing the language, adopted
Resolution No. 2002/ 010. Roll Call: YEAS: Commissioner Clarke-Reed, Commissioner
Gonot, Commissioner Trinchitella, Vice Mayor Noland and Mayor Capellini. NAYS:
None.

CONSENT AGENDA
ITEM 17 TAPE 1, COUNT 1677
Resolution 2002/ 006 -Resolution amending Section 8.02 of the
personnel rules and regulations (tabled from January 8, 2002
meeting)

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

ITEM 18 TAPE 1, COUNT
Resolution 2002/ 007 -Tower License Agreement with Nextel South
Corp. D/ B/ A Nextel Communications (tabled from the January 8, 2002
meeting)

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

ITEM 19 TAPE 1, COUNT 1680
Ordinance 2002/ -Fire Rescue Assessment Program
COMMENTS: Proposed ordinance for the Fire Rescue Assessment
Program

Vice Mayor Noland asked if this item would appear on the agenda for second reading
as a public hearing?

Andrew Maurodis, City Attorney, replied yes. 15
15 Page 16 17
REGULAR CITY COMMISSION MEETING MINUTES JANUARY 22, 2002
16
CONSENT AGENDA -CONTINUED
ITEM 20 TAPE 1, COUNT
Resolution 2002/ 008 -Resolution authorizing the purchase of a 2002
Ford F-350 truck for the Public Works Department from Duval Ford.

COMMENTS: Resolution authorizing the purchase of a 2002 Ford F-350
truck for the Public Works Department, Recycling Division from Duval
Ford for $29,999.00.

ITEM 21 TAPE 1, COUNT 1685
Ordinance 2002/ -Providing for health insurance benefits for
persons who have served on the City Commission

COMMENTS: Ordinance pertaining to providing health insurance benefits
for persons who have served on the City Commission for a period of eight
years or longer.

Commissioner Clarke-Reed asked if the proposed ordinance would be effective for the
current Commissioners or would it also be extended to all former Commissioners?

Andrew Maurodis, City Attorney, replied that the proposed ordinance would not apply to
many because it stipulates eight years or more, nevertheless, he would review the
legality of said matter and report back to the Commission on the second reading.

Commissioner Clarke-Reed stated that she is concern with the health of former
commissioners would effect the cost of the health insurance benefits.

ITEM 22 TAPE 1, COUNT 1731
Resolution 2002/ 009 -Resolution authorizing the proper City Official
to enter into an Agreement with William Markham, Broward County
Property Appraiser related to the fire rescue services fee.

COMMENTS: Resolution between the City and William Markham,
Broward County Property Appraiser to develop and implement a non-ad
valorem assessment roll for the year 2002 and succeeding years, to
provide funds from property owners within the City for fire rescue services.

.
Commissioner Gonot asked if the trim notice for November 2002 would include the fire
assessment fee for January 1, 2002 to December 31, 2002?

Larry Deetjen, City Manager, replied yes. 16
16 Page 17 18
REGULAR CITY COMMISSION MEETING MINUTES JANUARY 22, 2002
17
CONSENT AGENDA -CONTINUED
Commissioner Gonot further asked if the proposed fee that the City would charge the
residents for services rendered for January 1, 2001 to December 31, 2001?

Commissioner Clarke-Reed replied that it would be for 2002.
Commissioner Gonot asked for clarification for the fees on the trim notices for
November 2002.

Andrew Maurodis, City Attorney, replied that the fee would be on the bill but it is not a
tax. He said that if the Commission approves the resolution adopting an assessment
bill and whoever owns the properties would certainly be assessed.

There were no discussion on Items 17, 18 and 20
MOTION was made by Vice Mayor and Seconded by Commissioner Clarke-Reed to
approve Items 17 through 22. Roll Call: YEAS: Commissioner Clarke-Reed,
Commissioner Gonot, Commissioner Trinchitella and Mayor Capellini. NAYS: None.

ADMINISTRATIVE ACTIONS AND CITY MANAGER COMMENTS
Larry Deetjen, City Manager – No Report.
City Attorney -No Report.
City Clerk
-No Report.
COMMENTS BY MAYOR AND COMMISSIONERS
Commissioner Clarke-Reed -Broward County Commission Meeting Re:
Redistricting
– Commissioner Clarke-Reed stated that she attended the Broward
County Commission today and redistricting was discussed. And she addressed the
issue of the new boundary for District 4 and one of the criteria was community of
interest. She said that a portion of the City would split in the community of interest
ruling. Commissioner Clarke-Reed further stated that after a lengthy discussion after
the meeting, there might be a possibility that this matter would be reconsidered.

Firefighters Pension Plan – Commissioner Clarke-Reed requested the status relating
to the Firefighters military service issue, and asked if it has been resolved. 17
17 Page 18 19
REGULAR CITY COMMISSION MEETING MINUTES JANUARY 22, 2002
18
COMMENTS BY MAYOR AND COMMISSIONERS
Andrew Maurodis, City Attorney, replied that Mr. Cohen forwarded him a proposed
redraft of the ordinance amending the pension plan and his staff has reviewed it and
would place it on the February 5, 2002 agenda.

Commissioner Gonot – Waiver of Liability for Northeast Focal Point Center–
Commissioner Gonot requested the Commission's consideration to waive the liability
form to allow a long time resident, Mr. McFadden who is 86 years old, to attend the
Northeast Focal Point Center. He said that Mr. McFadden personal aide would assist
him at the center for two days.

Andrew Maurodis, City Attorney, stated that if the Commission does not object to
Commissioner Gonot's request, it might direct the Administration to waive the
requirement the individual would normally sign.

Vice Mayor Noland said that the City must be careful with the liability.
Larry Deetjen, City Manager, stated that Mr. McFadden has alzheimer and has been a
resident in the City for approximately 20 years and recently loss his wife. He said that
his daughter visited the area and spoke with Commissioner Gonot and they also
received a call from their attorney requesting that the City consider waiving the liability
form. Mr. Deetjen said that the City has a well constructive document to protect the City
from liability. He said that a couple of years ago the gentleman wondered off campus of
NEFP, however, the City was fortunate to find the gentleman at a local establishment
watching football.

MOTION was made by Commissioner Trinchitella and Seconded by Commissioner
Gonot to waive the liability form to allow Mr. McFadden to attend the Northeast Focal
Point Center. Roll Call: YEAS: Commissioner Clarke-Reed, Commissioner Gonot,
Commissioner Trinchitella and Mayor Capellini. NAYS: None.

Noise at the Gates of Hillsboro Park -Commissioner Gonot stated that at a previous
meeting, he addressed the noise by motorized vehicles at the Gates of Hillsboro Park
and received a telephone call from a resident whom had recorded the noise. He said
that signs have been posted, prohibiting motorized vehicles and asked that the City
Manager contact the Broward Sheriff's Office to begin enforcing said code.

Traffic Calming -In addition, Commissioner Gonot asked for the status of the Traffic
Calming.

Larry Deetjen, City Manager, replied that McMahon and Associates have contacted the
City and they are adhering to the traffic calming process and it will be sent out for bid
soon. 18
18 Page 19 20
REGULAR CITY COMMISSION MEETING MINUTES JANUARY 22, 2002
19
COMMENTS BY MAYOR AND COMMISSIONERS
Additional BSO Police Zone
-Commissioner Gonot requested that an item be placed
on the February 5, 2002 Agenda for consideration to add an additional BSO Police zone
in the western portion of the City, west of I-95. He said that there are five zones in the
western portion of the City and statistics indicate that another one is definitely needed.

Mayor Capellini asked what would the cost be to add an additional zone?
Larry Deetjen, City Manager, stated that by adding a new sector it would require
additional administrative help, i. e. a lieutenant and sergeant, community service aide,
etc. He said that he has requested that Chief Brennan provide him with a cost analysis
to add a new sector because it is not a budgeted item. Mr. Deetjen further stated that
when he spoke with Commissioner Gonot he asked that the Commission consider the
fire rescue assessment fee, prior to addressing this matter.

Mayor Capellini recommended that the fire assessment fee be discussed prior to
discussing this matter.

Commissioner Trinchitella asked why is the Administration recommending that the fire
assessment fee be discussed prior to considering a police zone, and asked if the law
requires that the fire rescue fee be used for fire only?

Mr. Deetjen replied that is correct. However the more the City funds the fire services the
higher the fee, which would free up the ad valorem budget for other services. He said
that the cost to add a sector in the western portion of the City is approximately
$800,000.

Commissioner Gonot said that when he spoke with Chief Brennan he indicated that the
cost would be approximately $540,000; however, since the addition would take place in
the last quarter, it would be one-fourth of said cost.

Vice Mayor Noland asked how many deputies would be added?
Commissioner Gonot replied that approximately 5.5 employees.
Mr. Deetjen said that to fund a zone for 24 hours it would require an additional five
patrol officers, that is based in aa additional zone and another supervisor level, which
would require a lieutenant and a sergeant as well.

Vice Mayor Noland asked that the Administration determine the ratio for the officers and
supervisors. She said that the personnel that are in the administration offices and not
responding to calls are not doing the community any good, but the City needs the men
and women on the streets in the cars responding to the residents. She further said that
there are not enough officers to cover the school zones. In addition, there are officers 19
19 Page 20 21
REGULAR CITY COMMISSION MEETING MINUTES JANUARY 22, 2002
20
COMMENTS BY MAYOR AND COMMISSIONERS
that are being transferred from the Fort Lauderdale Administration office, which she is
not pleased with and said that the Commission should further review this matter and
address it accordingly. In conclusion, she said that it is important that District 4 is
provided with the service that Commissioner Gonot is requesting, as well as throughout
the City because there are not enough officers.

Commissioner Gonot stated that it was indicated that the City is paying 1.6 officers for
1,000 which is a certainly lower than surrounding by a large margin.

Mayor Capellini reminded the Commission to keep in mind that if another sector is
added that next year during the budget workshop the Commission must be prepared to
address the citizens because this would result in a tax increase.

Commissioner Gonot stated that he thinks that this is the appropriate time to add an
additional sector because it is scheduled for the last quarter, the impact would be at a
minimum and for planning purposes it helps both the City and the BSO.

Mayor Capellini further stated that the City is receiving less federal and state aid so the
Commission should expect a tax increase next year, unless the medical expenses are
cut.

Commissioner Clarke-Reed and Vice Mayor Noland disagree with the medical
expenses being cut.

Commissioner Trinchitella -No Report.
Vice Mayor Noland -Schedule CRA Workshop
-Vice Mayor Noland requested that
a Community Redevelopment Agency, CRA, workshop meeting be scheduled and to
invite the City of Delray Beach, Boca Raton and other surrounding cities that have
adopted a CRA. She said that there is correspondence to and from developers without
the CRA's knowledge; however, the Commissioners who sit on the CRA Board should
be made aware of said correspondence.

Mayor Capellini recommended that the Planning Directors and other staff members that
were involved in creating the CRA in the surrounding cities be invited to attend the
workshop meeting. He further suggested that consideration be given to have a forum
so that the public can address the developers as well.

Vice Mayor Noland stated that she would like to have a workshop to inquire how the
other cities created their CRA. And who sit as members, if they have an outside
attorney and the involvement of the City Commission and staff.

Commissioner Gonot suggested that staff invite the City of Fort Lauderdale also. 20
20 Page 21 22
REGULAR CITY COMMISSION MEETING MINUTES JANUARY 22, 2002
21
COMMENTS BY MAYOR AND COMMISSIONERS
Mayor Capellini stated that all correspondence to Carlos Baia, Economic Development
Manager, should be copied to the Commission.

Art Festival at Pioneer Park -Vice Mayor Noland invited all to attend the Art Festival
at Pioneer Park this weekend, January 26-27, 2002.

Traffic Signal Installed at NE 2 ND Avenue/ 6 th Way -Vice Mayor Noland stated that
she has been notified that the traffic signals for the school zone at 2 nd Avenue/ 6 th will go
out for bid and once the bids are accepted, the signal will be installed in approximatley
313 days.

Parking Meters in the Public Right-of-Ways -In addition, Vice Mayor Noland stated
that she has noticed that beach goers are parking in the Presbyterian Church parking
lot, Howard Johnson and the right-way. Therefore, she requested that the Commission
consider installing meters in the right-of-way in the areas surrounding the beach. She
further suggested that meters be installed at the Presbyterian Church and to allow
parking on the days that they have services, because the City is loosing a lot of revenue
by not having meters in the aforementioned areas.

Larry Deetjen, City Manager, said that the areas behind the Howard Johnson and the
Buccaneer have private signs, they are public property and asked if meters can be
installed in the subject areas?

Andrew Maurodis, City Attorney, replied that the City can install meters in the public
rights-of-way.

MOTION was made by Vice Mayor and Seconded by Commissioner Clarke-Reed to
install meters at the following locations: Presbyterian Church, Howard Johnson,
Buccaneer and the right-of-ways. Roll Call: YEAS: Commissioner Clarke-Reed,
Commissioner Gonot, Commissioner Trinchitella and Mayor Capellini. NAYS: None.

Hillsboro Beach Report -Vice-Mayor Noland said that the Commission has not
received the Hillsboro Beach Report relating to the Fire Rescue Services, therefore, the
amount of revenue to be received from them cannot be determined. She further asked
what rate would the City charge Hillsboro Beach, is it the 3% CPI, or 7%?

Larry Deetjen, City Manager, stated that he has asked Gary Lother, Fire Chief, to
provide an analysis of the island with the true cost for fire rescue services for Hillsboro
Beach and provide said data to the consultants. The consultants would present an
update for the February 5 th public hearing. 21
21 Page 22 23
REGULAR CITY COMMISSION MEETING MINUTES JANUARY 22, 2002
22
COMMENTS BY MAYOR AND COMMISSIONERS
Commissioner Clarke-Reed asked if the Town of Hillsboro Beach's cost may be less
than the cost in which the City is charging its residents?

Mr. Deetjen replied that since the City has contracted with Hillsboro Beach to provide
services, every year the cost has incrementally increased. He said since being City
Manager, he asked staff to review the contract and it has been changed to include the
CPI. He further stated that he is comfortable with the contract and it is a fine contract
for Hillsboro Beach however, they will respectfully disagree because they feel they are
paying their fair share. Mr. Deetjen further stated that Station No. 3 is the least busy on
the island, and to divide the number of calls that goes to Hillsboro Beach to arrive at the
number, which is not how the cost should be analyzed. Therefore, he has asked Chief
Lother to have his staff to determine the true cost.

Mayor Capellini recommended that the Administration review the fees for the Building
Department also because they are backlogged due to them serving Hillsboro Beach and
Lighthouse Point. He said that the same thing is true with the fire department, the City
is debating whether to add personnel to the fire department, and Hillsboro and
Lighthouse Point are paying a small fee and not having to deal with the benefits of the
employees. And if the City's fee becomes to expensive they may seek other means for
service, which would leave the City with personnel that has been accounted for, but now
would no longer be utilized.

Mr. Deetjen said that Vice Mayor Noland referred to the 2.8 and is correct. And
Commissioner Trinchitella is also correct that if the City raises the fire assessment fee it
establishes a separate fund, fire rescue fee funds. He said those monies from said fund
go towards the general fund, for the fire rescue. The City would not pay for the full fire
because no community does, but is included with the ad valorem and fire rescue.
However, to fund an additional police sector would result in a higher fire rescue fee.
Therefore, the City would be funding more of the fire rescue services through a fee
freeing up the ad valorem to provide police services, a policy decision that must be
made by the Commission if it desires to add a police zone.

Commissioner Clarke-Reed said that the fee that the City charges it residents should
also be charged to Hillsboro Beach because fire service is fire service.

Mr. Deetjen explained the objectivity of how the fees are determined.
Vice Mayor Noland suggested that the Finance Director addresses this, so that when
the contract is renegotiated, the CPI that remained at 3% must be changed to 7%, the
same as the City's residents. She said that she addressed this matter during the
budget workshop because it was her opinion that when it increased 7% for the City's
residents, the contract should have increased for Hillsboro Beach also. 22
22 Page 23 24
REGULAR CITY COMMISSION MEETING MINUTES JANUARY 22, 2002
23
COMMENTS BY MAYOR AND COMMISSIONERS
Mr. Deetjen said that the Commission would make the decision whether to continue to
provide the services, plus the actual fee they would be charged. Whether it is 7%, plus
a fire rescue fee, or 10% more, it would be based on the Commission's decision and the
bill would be established. He said that the Town of Hillsboro Beach has been very
cooperative and is waiting on the decision of this Commission.

Vice Mayor Noland stated that there is no other station on the island that can service
Hillsboro Beach like the City of Deerfield Beach. Therefore, the residents on the island
want the convenience of knowing that Deerfield Beach rescue is within close proximity
to serve them.

Mr. Deetjen agreed with the Commission's comments, and said that as a customer of
the City, they have requested that the City provide them with an analysis of the fees,
which have increased based on the CPI for the last six years. And thinks that the City is
obligated to provide said analysis with the true cost, since it is considering adopting a
fire assessment fee.

Mayor Capellini stated that he does not think that the City is obligated to provide them
with the exact cost to have fire rescue serve them. He said that the City gives them a
number that is reasonable, and if they can contract with someone for less, then have
them provided the service. He suggested that the same be considered for the building
department and that the City should charge whatever it deems is appropriate.

In conclusion, Mr. Deetjen stated that he would report back to the Commission regading
this matter.

Mayor Capellini -Broward County Planning Council Meeting – Re: Land Use Plan
Land -
Mayor Capellini announced that the Broward County Planning Council meeting
will be held on Thursday, January 24, 2002, at 10: 00 a. m., at the Broward County
Governmental Center, Room 402, Fort Lauderdale, relating to the public hearing on the
Broward County Land Use Plan, Regional Activity Center Land Use Designation, (RAC),
which application was submitted by the City of Deerfield Beach. He said that the
"Original Save Our Beach" Committee will provide a bus to transport those interested in
attending the meeting. The bus will depart form the main beach parking lot at 8: 30 a. m.

PUBLIC TO BE HEARD
Update on Regional Activity Center (RCA) -Marge Hilton, 1101 SE 5 th Court, Deerfield
Beach asked if there have been any changes made to the original RAC application
dated September, 2001? 23
23 Page 24 25
REGULAR CITY COMMISSION MEETING MINUTES JANUARY 22, 2002
24
PUBLIC TO BE HEARD -CONTINUED
Mayor Capellini said that the County denied the application and recommended that the
density remain the same and asked Gerald Ferguson, Planning and Growth
Management Director, to provide an update.

Mr. Ferguson stated that the City's original proposal for the RAC area, was proposing
2000 total dwelling units. He said that the adopted Land Use Plan that is currently in
effect allows 1525 dwelling units. And for various reasons within turnalization and
traffic the City could not accommodate said increase, the Planning Council said that the
City could not support an overall increase of the density. So, the City agreed by
correspondence and agreed to reduce the total allowable dwelling units to what is
currently allowed in the plan. He further stated that the Planning Council supports said
revisions to the amendment and would require the Commission's approval.

Beach Parking Stickers -Sue Cordova, 358 Durham K, Century Village, Deerfield
Beach, stated that when special event activities are held at the beach, the event usually
uses the main beach parking lot which is where the sticker parking is allowed.
Therefore, she asked that the Commission consider allowing sticker parking in other
areas of the beach during special events, since they have increased to $50.

Commissioner Clarke-Reed suggested that covers be placed over the meters
designating sticker parking during special events.

Larry Deetjen, City Manager, stated that he would review the matter.
Built Out from I-95 to Dixie Highway and 48 th Street to the Hillsboro Canal -Sylvia
Poitier stated that District 2 residents are planning a community meeting. And
requested that Commissioner Clarke-Reed and Mr. Ferguson, Planning and Growth
Management Director, provide the built out between 1-95 and Dixie Highway, the
anticipated growth, how far the City is from the built out, and what is being proposed.
She said that she would like said information by Thursday, January 24, 2002.

Mr. Ferguson said that he would not be able to provide the information by the requested
date, because it is not broken down accordingly. He further said that between SW 15 th
Street and 48 th Street is a part of the County's plan and he would not have said
information as requested by Ms. Poitier.

Ms. Poitier asked if the annexed area is under the City or County ordinances?
Andrew Maurodis, City Attorney, replied that the Comprehensive Plan Amendment and
to include the newly annexed area the process takes approximately six to nine months,
it will take approximately two additional months. 24
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REGULAR CITY COMMISSION MEETING MINUTES JANUARY 22, 2002
25
PUBLIC TO BE HEARD -CONTINUED
Ms. Poitier volunteered to be Chair of said Committee that is requesting this information.
She further said that there have been much discussion regarding the two buildings that
were recently constructed on Dixie Highway south of SW 15 th Street.

Four-Way Stop Sign at 15 th Street and NW 6 th Avenue -Beulah Hill, 1320 SW 10 TH
Avenue, Deerfield Beach, requested an update on the status of a four-way stop sign
being installed at the intersection of SW 15 th Street and NW 6 th Avenue.

Vice Mayor Noland asked how the City could restore its right to control the traffic
signals, since it does not appear that the Broward County Engineering Department is
cooperating with what is recommended by the Administration and the Commission?

Andrew Maurodis, City Attorney, replied that if the City Commission wishes to restore
the City's right, it would involve cost by maintaining all the traffic signals. He said that
every City in Broward County has entered into an interlocal agreement with the County
for traffic calming.

After discussion amongst the Commission, Mayor Capellini directed the Administration
to have the Public Works Department install stop signs at the intersection of SW 15 th
Street/ SW 6 th Avenue.

Left Turn Lane at Hillsboro Boulevard and MLK Boulevard -Andrew Pratt, 495 NW 3 rd
Terrace, requested an update of the left turn lane at Hillsboro Boulevard and MLK
Boulevard.

Larry Deetjen, City Manager, stated that the Administration has requested that the
County install a left turn lane at the subject intersection and they have indicated that a
left hand turn signal is not "warranted".

Commissioner Clarke-Reed stated that she has requested that this be reconsidered due
to the JM Youth Automotive Center and the new Public Works Complex that would be
constructed. And said that MLK Boulevard would be more heavily utilized and hopefully
they will reconsider the matter once the buildings are open. She further stated that she
met with the Administration and Staff regarding the realignment of the subject roadway,
and said that construction should begin around the Summer, 2002.

Noise at the Gates of Hillsboro Park -Carol Arlene, 4151 NW 6 th Court, complained
about the noise from the motorized vehicles at the Gates of Hillsboro Park and asked
that the Commission enforce the code because the small children are being forced off
the bike path. She further stated that the fence was replaced with the exception of a
piece of the guardrail near the canal, and the fence is not being locked at night nor are 25
25 Page 26
REGULAR CITY COMMISSION MEETING MINUTES JANUARY 22, 2002
26
the restrooms, and asked that this be looked into. Ms. Arlene also said that the
motorized vehicles are destroying the landscaping that is being planted at the park.
PUBLIC TO BE HEARD -CONTINUED

Commissioner Gonot thanked Ms. Arlene for contacting him and advising him of these
concerns.

Administration Proposal Re: The Purchase of the Procacci/ Cioce Property -Angela
Storr, 1041 SW 8 th Avenue, thanked the Commission for denying the City Manager's
recommendation regarding the Procacci/ Coice land purchase..

Traffic Light at 9 th /Federal Highway -Harold Fink, 1519 SE 7 th Court, requested the
status of the traffic light at 9 th /Federal Highway, near 7 th Count.

Mayor Capellini stated that the project is listed on the MPO, however, the Commission
is not certain when the project will begin.

Century Village East's Wastewater System -Mr. Fink also asked if the Commission
would be assisting the Century Village East in upgrading its wastewater system?

Mayor Capellini replied that the City would not be allowed to assist them.
Commissioner Trinchitella said that he did not ask the Commission to assist Century
Village, therefore, why should it.

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

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