CITY OF DEERFIELD BEACH
REGULAR CITY COMMISSION MEETING MINUTES
Tuesday, February 5, 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 -Absent
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

Mayor Capellini said that Commissioner Clarke-Reed's absence is excused.
INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation was offered by Pastor Anthony Pelt, Cathedral Church of God, followed
by the Pledge of Allegiance to the flag.

APPROVAL OF THE MINUTES TAPE 1, COUNT 68
Regular City Commission Meeting January 22, 2002
MOTION was made by Vice Mayor Noland and Seconded by Commissioner Gonot to
approve the Regular City Commission Meeting minutes of January 22, 2002; as
submitted. Roll Call: YEAS: Commissioner Gonot, Commissioner Trinchitella, Vice
Mayor Noland and Mayor Capellini. NAYS: None.

ACKNOWLEDGEMENT OF BOARD MINUTES
1. Deerfield Beach Police Pension Board, November 5, 2001
2. Deerfield Beach Beautification Authority, November 26, 2001

There was no action taken on this item. 1
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REGULAR CITY COMMISSION MEETING MINUTES FEBURARY 5, 2002
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APPROVAL OF THE AGENDA
February 5, 2002
MOTION was made by Vice Mayor Noland and Seconded by Commissioner Trinchitella
to approved the February 5, 2002 agenda as submitted. Roll Call: YEAS:
Commissioner Gonot, Commissioner Trinchitella, Vice Mayor Noland and Mayor
Capellini. NAYS: None.

PRESENTATION
Community Improvement Video The community improvement video featured
highlights of the Art Festival held at Pioneer Park on January 26-27, 2002. The
Lifeguard of the Year for the State of Florida was awarded to Mike Brown and Lifeguard
of the Year for the City of Deerfield Beach was awarded to Aline Patterson. And the
55 th Annual Founders Day Event will be held February 14-17, 2002.

Proclamation presented to Jeffrey Graves -Mayor Capellini presented a proclamation
to Jeffrey Graves, photographer, who has provided pictures for the best of the beaches
and the 2002 Annual Directory. He is an award winner photographer from the
Professional Photographers of America, Inc. with 25 years of experience working as an
industrial and commercial photographer in a studio and on locations around the world.
Mr. Graves is also a member of the Deerfield Beach Chamber of Commerce. Mayor
Capellini said that the City is honored to have Mr. Graves who is willing to share his
remarkable talent by displaying his work at City Hall for the enjoyment of all. And
proclaimed Tuesday, February 5, 2002 Jeffrey Graves Day.

Janyce Becker, Deerfield Beach Chamber of Commerce, distributed copies of the 2002
Annual Directory, Deerfield Chamber of Commerce, which included the Best of the
Beaches Brochures and features Mr. Graves' photos.

Mr. Graves stated that he is honored to display his photos of Deerfield Beach City Hall.
Certificate of Recognition to Aline Patterson Lee Magnuson, Captain Ocean Rescue,
presented a Certificate of Recognition to Aline Patters, Lifeguard of the Year for the City
of Deerfield Beach. He said that this award began 24 years ago in response to a
Deerfield Beach Lifeguard that was killed on his lunch break; it is the longest running
award of this type in the State of Florida. Captain Magnuson stated that Aline is a
dedicated employee, with a strong desire to work hard to improve, and has been
employed with the City for two years. 2
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PRESENATION -CONTINUED
Certificate of Recognition to Mike Brown -Lee Magnuson, Captain Ocean Rescue,
presented a Certificate of Recognition to Mike Brown for receiving the "Chief's
Association Lifeguard of the Year for the State of Florida" award. Captain Magnuson
read Mr. Brown's biography and said that he has been employed with the City for five
years. Mr. Brown is a National and State certified Emergency Medical Technician,
Member of the United States Lifesaving Association, an excellent role model for the
youths, and an instructor for the Junior Lifeguard program, and Head Swim Teach
Coach for 165 youths.

Mike Brown thanked the Commission and said that he is honored to represent the City
of Deerfield Beach amongst all the cities in the State of Florida. He said that he is
enthused about going to work daily and he is honored and blessed to be able to go to a
job that he truly loves and is a part of the City of Deerfield Beach.

Vice Mayor Noland stated that the Lifeguards and the Junior Lifeguards will be traveling
to San Diego, California, in August 2002, and are attempting to raise monies to cover
their expense. She requested consideration be granted to allow the Lifeguards and
Junior Lifeguards during Founder's Day, February 16 17, 2002, man the City's
property that is located between the Presbyterian Church and Community Center and
charge for parking and use said monies for their fundraiser projects.

It was the consensus of the Commission to grant the request.
WRITTEN REQUEST TO ADDRESS THE COMMISSION
Waiver of fees to use the City's Showmobile -Donald Ricks, Charity of HOPE, stated
that they are a non-profit organization, with a Victims of Crime Advocacy Program and
received funds from the State Attorney's Office as well as the City's CDBG. He said
that April 21-26, 2002 is National Crime Victims Rights Week and the Broward County
Victims Coalition has requested to have the opening ceremonies for Broward County in
the City of Deerfield Beach at Pioneer Park. In attendance would be Sheriff Ken Jenne,
the State Attorney and other dignitaries throughout the County. And requested that the
Commission consider waiving the fees for the use of the City's Showmobile and sound
equipment.

MOTION was made by Commissioner Trinchitella and Seconded by Vice Mayor Noland
to waive the fees for use of the City's showmobile and sound equipment. Roll Call:
YEAS: Commissioner Gonot, Commissioner Trinchitella, Vice Mayor Noland and Mayor
Capellini. NAYS: None. 3
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PUBLIC HEARINGS -CHANGE OF USE
ITEM 1 TAPE 1, COUNT 464
P. H. 2002/ 130 -Applicant: Wireless Hut, Inc.
COMMENTS: Location: 505 S Federal Hwy., #1
Proposed Use: merchant
Previous Use: business office (Handicapped and Retired People)

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

MOTION was made by Vice Mayor Noland and Seconded by Commissioner Gonot to
approve Item 1. Roll Call: YEAS: Commissioner Gonot, Commissioner Trinchitella, Vice
Mayor Noland and Mayor Capellini. NAYS: None.

PUBLIC HEARINGS
ITEM 2 TAPE 1, COUNT 474
ORDINANCE 2002/ 003
AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF DEERFIELD BEACH, FLORIDA; RELATING TO THE
PROVISION OF FIRE RESCUE SERVICES, FACILITIES, AND
PROGRAMS THROUGHOUT THE INCORPORATED AREAS OF
DEERFIELD BEACH, FLORIDA; AUTHORIZING THE IMPOSITION AND
COLLECTION OF FIRE RESCUE ASSESSMENTS AGAINST
PROPERTY; PROVIDING CERTAIN DEFINITIONS INCLUDING A
DEFINITION FOR THE TERM "FIRE RESCUE ASSESSMENT";
ESTABLISHING A PROCEDURE FOR IMPOSING FIRE RESCUE
ASSESSMENTS; PROVIDING THAT FIRE RESCUE ASSESSMENTS
CONSTITUTE A LIEN ON ASSESSED PROPERTY UPON ADOPTION
OF ASSESSMENT ROLL; PROVIDING THAT THE LIEN FOR A FIRE
RESCUE ASSESSMENT COLLECTED PURSUANT TO SECTIONS
197.3632 AND 197.3635, FLORIDA STATUTES, UPON PERFECTION
SHALL ATTACH TO THE PROPERTY ON THE PRIOR JANUARY 1,
THE LIEN DATE FOR AD VALOREM TAXES; PROVIDING THAT A
PERFECTED LIEN SHALL BE EQUAL IN RANK AND DIGNITY WITH
THE LIENS OF ALL STATE, COUNTY, DISTRICT, OR MUNICIPAL
TAXES AND ASSESSMENTS AND SUPERIOR IN DIGNITY TO ALL
OTHER PRIOR LIENS, MORTGAGES, TITLES, AND CLAIMS; 4
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PUBLIC HEARINGS -CONTINUED
AUTHORIZING THE IMPOSITION OF INTERIM ASSESSMENTS;
PROVIDING A PROCEDURE FOR THE COLLECTION OF FIRE
RESCUE ASSESSMENTS; PROVIDING A MECHANISM FOR THE
IMPOSITION OF ASSESSMENTS ON GOVERNMENT PROPERTY;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.

There was no discussion on this item.
Commissioner Trinchitella asked if the subject Ordinance procedural, and does not
include an amount?

Andrew Maurodis, City Attorney, replied yes it is only procedural, however, it also gives
the City the authority to collect, and that the subject Ordinance does not include an
amount.

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

MOTION was made by Commissioner Trinchitella and Seconded by Commissioner
Gonot to adopt Ordinance No. 2002/ 003. Roll Call: YEAS: Commissioner Gonot,
Commissioner Trinchitella, Vice Mayor Noland and Mayor Capellini. NAYS: None.

ITEM 3 TAPE 1, COUNT 528
ORDINANCE 2002/ 004
AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF DEERFIELD BEACH PROVIDING FOR HEALTH
INSURANCE BENEFITS FOR PERSONS WHO HAVE SERVED ON THE
CITY COMMISSION FOR A PERIOD OF EIGHT YEARS OR LONGER;
CONTAINING PROVISIONS FOR IMPLEMENTATION; PROVIDING AN
EFFECTIVE DATE

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

MOTION was made by Commissioner Trinchitella and Seconded by Commissioner
Gonot adopt Ordinance No. 2002/ 004. Roll Call: YEAS:, Commissioner Gonot,
Commissioner Trinchitella, Vice Mayor Noland and Mayor Capellini. NAYS: None. 5
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QUASI-JUDICIAL HEARINGS
Mayor Capellini advised that Item 4 is a quasi-judicial hearing and anyone that would
like to speak on this item must be sworn in.

Andrew Maurodis, City Attorney, placed under oath all individuals, including staff
addressing the City Commission on this item.

ITEM 4 TAPE 1, COUNT 547
P. H. 2002/ 127 -APPLICATION 01-B1-159 and CASE NO. 1792
Applicant: DORINA MOLDOVAN by Gordon Buck

COMMENTS: Proposal: Modification to existing office building to construct
a 113.88 square-foot addition for a total of 1,230.1 square feet; AND
seeking a VARIANCE from the provisions of Section 98-61 of the
Deerfield Beach Land Development in order to allow an addition to an
existing commercial building which will be located 1.7 feet from the street
side (corner) property line rather than 10 feet as required by Code.
Location: A .42-acre parcel described as a portion of Lots 44 and 45A of
PALM PLAZA, more particularly described in the file, located at 901 S. E.
8 th Avenue.

Jerry Ferguson, Planning and Growth Management Director, stated that the proposed
application is requesting to modify the existing office building located in Plum Plaza to
construct a 113.88 square-foot addition for a total of 1,230.1 square feet. The applicant
is seeking a variance to allow an addition to an existing commercial building which will
be located 1.7 feet from the street side (corner) property line rather than 10 feet as
required by the Code. Mr. Ferguson said that although the application has been
approved by the Community Appearance Board, however, the Planning and Zoning
Board has expressed concerns and voted 6 to 1 that the application be denied. The
Planning and Zoning Board has expressed concerns relating to traffic safety and
visibility problems that may be created at the Robinson Road entrance into the Plum
Plaza Shopping Center.

Gordon Buck, presented pictures to the Commission of the subject building and outlined
their plans to expand the building. He said that there appears to be ample enough
visibility available for safety when exiting the shopping center.

Mayor Capellini stated that the City has recently acquired the Sylvester Building located
at the intersection of Federal Highway and SW 10 th Street. He said that the building will
be demolished and the roadway redesigned, therefore, he is uncertain how the
applicants proposed project would affect the road project. In addition, as required by 6
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QUASI-JUDICIAL HEARINGS
Code the expansion of the building cannot extend to the edge of the property. And when
the cars exit the shopping center, their view would be blocked west and northwest of
Robinson Road because the stop sign would be in alignment and the driver( s) will not
be able to see the oncoming vehicles.

Additionally, Mayor Capellini suggested that this item be tabled and reconsidered after
the decision of widening SW 10 th Street and Federal Highway.

In response to Mayor Capellini's question, Larry Deetjen, City Manager, replied that
Keith and Associates was granted authorization to secure permits for SW 10 th Street
and Federal Highway.

Mr. Buck asked if the photos that he has presented do not indicate ample vision if the
building is expanded?

Mayor Capellini replied that when driving a car there is a certain amount of sight
distance that is required to avoid a driver and oncoming cars to react to a situation.

Maureen Kenny, 615 SE 7th Avenue, Deerfield Beach, stated that she visited the
subject location and it does not appear that the expansion will obstruct the view of the
drivers.

Mayor Capellini said that with the realignment of the road there is a possibility that the
building would obstruct the view.

Vice Mayor Noland asked if the Administration had a time estimate as to when the
drawings would be submitted for the road to be widened?

Mr. Deetjen replied that he his uncertain because the City's Planner, Keith and
Associates, requested authorization today, on behalf of the City, to seek the appropriate
permits from the County

Dorina Moldovan, applicant and dentist that practice in the subject building, asked if the
road widen would take place this year or next year and if the parking lot would be
resurfacing.

Mayor Capellini replied that the road alignment would take place in approximately three
months and he is uncertain if the parking lot of her building would be resurfaced.

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. 7
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QUASI-JUDICIAL HEARINGS
MOTION
was made by Vice Mayor Noland and Seconded by Commissioner Gonot to
table Item 4, PH 2002/ 127. Roll Call: YEAS: Commissioner Gonot, Commissioner
Trinchitella, Vice Mayor Noland and Mayor Capellini. NAYS: None.

GENERAL ITEMS
ITEM 5 TAPE 1, COUNT 950
Resolution 2002/ 011 -Initial Assessment for the Fire Rescue
Assessment Program

COMMENTS: Resolution relative to the provision of Fire Rescue Services,
Facilities and Programs, describing the method of assessing Fire Rescue
assessed costs against assessed property, directing the preparation of an
assessment roll and provision of notice thereof.

Larry Deetjen, City Manager, stated that the City's Fire Rescue Assessment
Consultants, from Government Services Group, Inc., GSG and Nabors, Giblin &
Nickerson, P. A., Tallahassee, Florida are present to address the concerns of the
Commission. He recommended a fee structure of $49 for residential property and an
accompany fee based on square footage for commercial, industrial./ warehouse and
institutional. Additionally, that "non-profit" institutions be exempt from the fire
assessment fee, and for profit institutions will be assessed.

In response to Commissioner Trinchitella's question, Larry Deetjen, City Manager,
replied that his recommendation is included in the Commission's backup material under
Item 5, Appendix D, D-1.

Virginia Delegal, Nabors, Giblin & Nickerson, P. A., Tallahassee, Florida, stated that they
have worked with many of the Broward County communities within the last 10 years
relating to fire rescue assessments. She said that Nabors, Giblin & Nickerson has
been involved with 16 of the municipalities in Broward County and Government
Services Group, Inc has been involved with approximately 20 of the municipalities. Mrs.
Delegal stated that the City of Oakland recently implemented the fire assessment fee,
with public hearings being held in December and sent bills out a few weeks ago. Also,
the City of Boynton Beach implemented the assessment fee in August 2001.

Continuing, Mrs. Delegal stated that they were hired to provide a defensible method of
allocating the cost of the City's fire rescue services in order to provide an alternative
way to fund fire protection and rescue services within the City. She said beginning last
fall they began reviewing the data provided by the fire department and analyzing the fire
rescue budget. And gathering property data from the Property Appraiser's office and
combining all the data together to provide a series of rate scenario. 8
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GENERAL ITEMS -CONTINUED
Additionally, Mrs. Delegal explained the process of implementing the fire assessment
fee and said that the City has held the second reading and adoption of the Ordinance
tonight, which was a procedural ordinance to setup the process to follow. The proposed
resolution is the first legal document that contains the gest of the program. It embodies
the method that was used to allocate the cost, and establish a date and time for a public
hearing, direct the Administration and staff to mail and publish notices for the public
hearing, and contains a preliminary rate schedule, which would become the basis of the
notices. It also provides a series of legislative findings and declarations including a
public purpose finding for institutional tax exempt property, such as churches,
synagogues, the Lions Club and school board property.

Vice Mayor Noland asked Mrs. Delegal to explain to the public that the fire assessment
fee is separate from the fire rescue fee.

Mrs. Delegal stated that the fire assessment fee does not contain cost relating to
advance life support or transport, rather relates to rescue features that are part and
parcel to being a firefighter. Such as, the 40 hours of training that is required to be a
certified firefighter and first respond rescue.

Commissioner Trinchitella stated that the Commission previously raised the question as
to the cost to rehabilitate the fire station and asked if said funds could be used for this
purpose?

Mayor Capellini asked if the monies collected from the fire assessment fee could be
used towards any of the Fire Department's need? He said there are fire stations that
need to be rehabilitated to include separate sleeping quarters for men and women. And
said that some of the funds should be applied for this purpose.

Mrs. Delegal replied that said fees can only be used for fire rescue purposes in the fire
department. Mrs. Delegal said that she is not certain if the subject item was allocated
for this year's budget but can be included in that FY 2003 line item budget.

Mayor Capellini stated that the Commission has attempted to complete this project over
the years. And said that last year an exhaust system was installed to prevent diesel fuel
from entering the building. Therefore, he recommended that funds be allocated in this
year's budget to begin this project, even if it is completed in phases.

Commissioner Trinchitella recommended that the Commission have the Administration
provide a cost analysis and report back to the Commission. 9
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GENERAL ITEMS-CONTINUED
Mr. Deetjen stated that he is confident, upon the Commission's approval of the fee
schedule that was recommended that there would be sufficient funds to begin the
subject project, at a cost of-$ 100,000 -$250,000. He said that the Consultants has
indicated that when the fee structure is approved and the revenues are collected, fees
from the following year can also be allocated for capital projects that are submitted by
the Fire Chief. Therefore, Mr. Deetjen said that he would have the Fire Chief prioritize
the capital items and report back to the Commission with recommendations.

Commissioner Gonot clarified that the Commission is not setting the line item, but that
the City Manager has indicated that the monies that is allocated for fire is in excess of
the revenue that is raised, but would alleviate the funds from general revenue. Further,
the Commission is recommending a specific line item for accounting purposes the funds
would be transferred accordingly from the general revenue.

Mrs. Delegal clarified that it was not taken into account any specific rehabilitation cost
no knowledge if the project would be in excess of $1 million or $150,000, but the
expenditure of this revenue for said purpose to rehabilitate the fire stations would be
legal.

In response to Vice Mayor Noland's question, Camille Tharpe, GSG, replied that they
used the adopted fiscal year 2001/ 2002 budget, line item by line item. And allocated
said budget between fire and emergency medical services, EMS, and cost, which
resulted in a portion of the budget that can be legally funded through the assessment,
$7 million that can be funded out of the $11 million budget through assessments. She
said that the $49 recommendation would only fund $2.8 million of the $11 million budget
for fire rescue services. Therefore, the exercise that Mrs. Delegal referenced was a
budget allocation exercise to determine what part of the budget could be legally funded
through assessment, which would be $7 million.

Vice Mayor Noland stated that the fees are for fire assessment and asked if they can be
used for the fire service? And asked if $100,000 is transferred, would it be taken from
the fire department's budget?

Mr. Deetjen replied that when he presented the budget in the fall, he recommended a
$50 fire assessment fee, however, the Commission approved a lower amount. At which
time a projection was made as to the amount of monies that would be received, prior to
engaging GSG and Nabors and Giblin & Nickerson, P. A. However, he now has a
forecast, and as recommended, there would be ample enough funds, therefore, some
can be used for reserve or for fire rescue, or expenditure. Further, in addition to using it
for reserve there would be the ability to spend less and increase the ad valorem by
applying more of the fire rescue fee to engage additional police services. He said that if
it is the Commission's desire to do so this year, said fees could be used for additional 10
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GENERAL ITEMS -CONTINUED
police services and the rehabilitation of the fire stations. However, the revenue has not
been collected and upon receipt of the bills, the citizens may or may not pay the fee,
therefore, based on the amount that is collected said decision could best be determined.

Commissioner Gonot asked what is the recommended budgeted amount to reserve?
Mr. Deetjen replied that the project gross amount if the Commission approved his
recommendation would be an estimated $2.7 million. If exempt the non-profit school,
churches, institutions the amount would be less, $170,000 200,000, which total would
be $2.5 million. Further, to account for those individuals that does not pay their bill,
approximately $2.2 million, therefore, he budgeted a net of $1,450,000. And
approximately $600,000 can be placed in reserve to rehabilitate the fire station as well
as add an additional police zone.

Commissioner Trinchitella stated that the money was not factored in the recovery
money from medicare patients when they call for emergency transport service.
Therefore, there should be ample monies to implement the additional patrol zone.

Vice Mayor Noland stated that the Commission donated approximately $15,000 to the
schools, and recommended that the institutional organizations should pay because they
received funds from the City on a regular basis. And suggested that the fee be placed
in a separate account to distribute to the schools and churches upon request for
donations.

Andrew Maurodis, City Attorney, stated that this is not allowed because it would be
taking a fire assessment fee and placing it for a specific purpose.

Mayor Capellini and Commissioner Gonot agreed that all institutions should pay the fire
rescue assessment fee.

After further discussion, Commissioner Trinchitella recommended that the houses of
worships be exempted.

In response to Mayor Capellini's question, Mr. Deetjen outlined the fee schedule for
institutions.

Vice Mayor Noland asked how much revenue would be generated if the institutions are
charged?

Ms. Tharpe replied the amount would be approximately $115,000 at the $49 rate.
Mayor Capellini stated that if the Commission exempts the houses of worship could this
be challenged in the courts? 11
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GENERAL ITEMS -CONTINEUD
Mrs. Delegal replied yes.
In response to Commissioner Trinchitella's question, Mrs. Delegal replied that all the
municipalities throughout Broward County has exempted the institutional group from the
fire rescue assessment fee, and only one municipal within the State of Florida has
charged this group of properties within the last 10 years. She said that the rational is
that the elected officials in the communities have used the fact that the membership of
these institutions are also residents and business owners and have already paid once
through the property that they actually own. As well as the fact, that there are certain
services that are provided by the institutions that the City may otherwise be called on to
provide. Most municipalities have chosen to exempt the institutional property, but the
City has the legal authority to charge them through the fire assessment program
because they are not exempt otherwise, with the exception of some of the governmental
entities.

Commissioner Gonot asked for clarification relating to governmental entities.
Mrs. Delegal stated that when dealing with government versus government, the City has
the authority to charge another governmental agency and send them a bill, however, if
they do not pay and the City attempts to enforce the payment of the bill it would be
difficult to enforce the payment.

Commissioner Gonot stated that he would like to forward a bill to the Broward County
School Board because there are many school organizations that they do not properly
assist financially, and the organizations request assistance from the City.

Mrs. Delegal stated that instead of enforcing the payment the City can negotiate
service, i. e. use of their facility with the School Board.

Vice Mayor Noland stated that if the School Board is taxed, she recommends that the
houses of worship be taxed as well. And said that the Commission has yet to receive
the report from the Town of Hillsboro Beach, although the City Manager has indicated
that he is confident that they will accept the fee that they will be charged

Mr. Deetjen said that the City has a good working relationship with the neighboring
communities, Hillsboro Beach and Lighthouse Point. And that the City's Administration,
to include the Finance Director and Fire Chief, have met with Hillsboro Beach, therefore,
he is confident that when the City completes its analysis they will pay their fair share just
as the residents and businesses of the City of Deerfield Beach.

Mayor Capellini stated that he has spoken with Mayor Howard Sussman and he has
indicated that they would be willing to pay their fair share of the fire rescue assessment
fee, as well as the contract fee. 12
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GENERAL ITEMS -CONTINUED
Mr. Deetjen stated that no analysis was previously done for fees for services contracted
with Hillsboro Beach. Therefore, the Administration is attempting to objectively and
analytically determine the analysis for the service contract with Hillsboro Beach and
request that they pay their fair amount. He said that it might be more, but will be a fair
amount, and Gary Lother, Fire Chief has been directed to prepare said analysis.

Commissioner Gonot stated that the fire assessment fee has increased to $49 because
in August the Commission approved $30 and a 10% ad valorem. And said that the fees
have been increased across the board to include garbage. He said that the proposed
fee is impacting the business community and the City is doing a disservice, particularly
to the small business owner.

Mr. Deetjen said that the Commission has not made a decision on the health insurance
issue and four months have past. And the September 11, 2001 tragedy has occurred,
as well as the State revenue sharing, and the simplified communication tax all have an
impact on the budget. Therefore, the revenue that is generated from the fire rescue
assessment would be a policy decision on how the monies are reserved, spent or
applied to next year's budget.

Mayor Capellini stated that the City is uncertain what next year would bring in revenue
sharing and may decrease 40% and the Commission would have to use the reserve to
make up the deficit from Federal and State revenue sharing. Therefore, the time to
make the decision is now and not a year from now when the Commission is faced with a
$4 million tax surplus that may result in raising the ad valorem taxes or implement a
service fee. So, it is the Commission's duty to adopt the appropriate rate, $49 fee, and
to assure that the Administration is accountable for said funds.

Commissioner Trinchitella recommended that the Commission adopt the $49 fire rescue
assessment fee and to exempt houses of worship only and to implement an additional
police zone.

Andrew Maurodis, City Attorney, stated that there is no distinction in the institutional
category, therefore the Commission could not exempt only the houses of worship but
must exempt the class as a whole.

Mrs. Delegal stated that the issue of concerns is that of constitutional concerns
regarding the separation of State and Churches and that the classification gets created
to bring in the other non-profits, therefore, the advice is to expand the classification to
include all the non-profit tax exempt property.

It was the consensus of the Commission that all institutional be charged the fire rescue
assessment. 13
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GENERAL ITEMS -CONTINUED
In response to Mr. Maurodis question, Mrs. Delegal replied that the proposed resolution
would be amended to delete the exemption for institutional.

MOTION was made by Commissioner Trinchitella and Seconded by Commissioner
Gonot to adopt Resolution No. 2002/ 011 as amended. Roll Call: YEAS: Commissioner
Gonot. Commissioner Trinchitella, and Mayor Capellini. NAYS: Vice Mayor Noland

ITEM 6 TAPE 1, COUNT 2198
Consideration to add an additional patrol zone in the western
portion of the City

COMMENTS: Consideration to add an additional police zone in the
western portion of Deerfield Beach (The administration recommends that
this item be considered only if the Fire Protection fee is implemented).

Larry Deetjen, City Manager, stated that he has some concerns relative to the
administrative aspect of adding an additional patrol zone in the western portion of the
City. Although, he supports adding the zone and implementing it in the forth quarter, he
would like to meet with Chief Brennan to discuss said concerns and report back to the
Commission with a budget and scheduling.

Vice Mayor Noland stated that she has spoken with Chief Brennan in regards to using
existing personnel for the additional zone or a different position and asked if this has
been a factor in the proposal?

George Brennan, District Commander, Chief, replied no.
Mayor Capellini asked when the additional zones are added would other zones be
compressed?

Chief Brennan replied yes it would compress the zones on the western portion of the
City and increase police presence, but would eliminate having to send the east cars
west to respond to calls.

MOTION was made by Commissioner Trinchitella and Seconded by Vice Mayor Noland
to approved the request and that the final figures must be approved by the City
Commission and implemented by July 1, 2002. Roll Call: YEAS: Commissioner Gonot,
Commissioner Trinchitella, Vice Mayor Noland and Mayor Capellini. NAYS: 14
14 Page 15 16
REGULAR CITY COMMISSION MEETING MINUTES FEBURARY 5, 2002
15
GENERAL ITEMS -CONTINUED
ITEM 7 TAPE 1, COUNT 2495
Discussion to amend the Non-Uniformed Employees Defined
Pension Plan

COMMENTS: Reports prepared by Marva Gordon, Human Resources
Director and Sally Siegel, Finance Director, regarding Non-Uniformed
Employees Defined Pension Plan and administrations recommendations.

There was no discussion on this item.
It was the consensus of the Commission to strike Item 7.

CONSENT AGENDA
ITEM 8 TAPE 1, COUNT 2367
Resolution 2002/ -Amending the Personnel Rules and regulations
pertaining to workplace violence

COMMENTS: Resolution amending the Personnel Rules and Regulations
to include a workplace violence prevention policy.

Andrew Maurodis, City Attorney, requested that Item 8 be stricken.
ITEM 9 TAPE 1, COUNT 2374
Resolution 2002/ 012 -Authorizing the Mayor and City Manager to
enter into the First Amendment to the Agreement with Freedom
Marine Corp.

COMMENTS: Resolution amending the Agreement with Freedom Marine
Corporation for the exchange of real property

ITEM 10 TAPE 1, COUNT 2380
Resolution 2002/ 013 -Authorizing the Mayor to enter into an
Agreement with the Department of Finance and Administrative
Services
15
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REGULAR CITY COMMISSION MEETING MINUTES FEBURARY 5, 2002
16
CONSENT AGENDA -CONTINUED
COMMENTS: Resolution authorizing the Mayor to enter into an
Agreement with the Department of Finance and Administrative Services
for the purpose of establishing and agreeing upon the undertaking of the
responsibilities for the City Commission to implement the Uniform Method
for the notice, levy, collection, and enforcement of non-ad valorem
assessments.

ITEM 11 TAPE 1, COUNT
Ordinance 2002/ -Vacating & abandoning a portion of a 12' water
easement in Tract A of Hillsboro 95 Office Park

COMMENTS: Ordinance regarding the vacation of a 12' water easement
in Track A of Hillsboro 95 Office Park, located at 660 West Hillsboro
Boulevard.

ITEM 12 TAPE 1, COUNT 1680
Resolution 2002/ 014 -Regarding Community Development Block
Grant Social Service Agencies

COMMENTS: Resolution pertaining to the funding of Social Service
Agencies such as; Doyle P. Scott Charity of Hope, Back on Track,
Deerfield Beach Historical Society, Deerfield Beach Housing Authority,
Boys & Girls Club of Broward County, Emanuel Christian Center and
Brotherly Love Social Services.

ITEM 13 TAPE 1, COUNT
Resolution 2002/ 015 -Authorizing the purchase of 2002 Ford F450
and 2002 Ford Expedition for Fire Rescue from Don Reid Ford

COMMENTS: Resolution authorizing the purchase of a 2002 Ford F450
truck and a 2002 Ford Expedition for Fire Rescue from Don Reid Ford for
a total of $60,622.00

ITEM 14 TAPE 1, COUNT
Resolution 2002/ 016 -Waterways at Quiet Waters/ Traffic Control
Request

COMMENTS: Resolution to enter into an Agreement with Waterways at
Quiet Waters to have BSO patrol the private roads within the community. 16
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REGULAR CITY COMMISSION MEETING MINUTES FEBURARY 5, 2002
17
CONSENT AGENDA -CONTINUED
MOTION
was made by Vice Mayor Noland and Seconded by Commissioner Gonot to
reconsider Item 14. Roll Call: YEAS: Commissioner Gonot, Commissioner Trinchitella,
Vice Mayor Noland and Mayor Capellini. NAYS: None.

Vice Mayor Noland stated that there is currently a shortage of police presence in the
western portion of the City, and that the proposed item is requesting police presence in
a gated community which she expressed concern. And suggested that prior to
approving said request to wait until the additional zone is added in the western portion
of the City.

Mayor Capellini stated that this is done with all the communities and is not an isolated
case. However, there are some communities that elect not to have the police or was
not aware that the Commission approval was required to request said services.

Larry Deetjen, City Manager, said the officers' respond to calls, whether they are gated
or non-gated. He said that the proposed request is for patrol services within, and traffic
enforcement within the area, which is of great concern because it would require
additional police coverage. Mr. Deetjen said it is the Association's responsibility to
engage a professional engineer, and assure that all signs within the community are at
their expense.

Tyler Powell, Sachs, Sax & Klein, P. A., Northern Trust Plaza, Suite 4150, 301 Yamato
Road, Boca Raton, Florida, representative for the Waterways at Quiet Waters, stated
that the signs were installed and the traffic bars were marked in November 2001.

Mr. Deetjen said that he is not aware of the aforementioned as indicated by Mr. Powell
and has not received any communications regarding the installation of signs, nor has
the City Engineer received any such communication, therefore, he requested that a
report be forwarded for the City's review.

Andrew Maurodis, City Attorney, said that if it is the Commission's desire, they can
approve the request and execute the Agreement upon receipt of the report.

ITEM 15 TAPE 1, COUNT
Resolution 2002/ 017 -Authorizing a contract with C. B. Butler, Inc.
D/ B/ A Leaderscape for the Cove Traffic Calming Landscape and
Irrigation Installation

COMMENTS: Resolution authorizing the proper City Officials to enter into
a contract with C. B. Butler, Inc. D/ B/ A Leaderscape, for City project No.
11002A-P for the Cove Traffic Calming Landscape and irrigation
installation for $60,412.45.
. 17
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REGULAR CITY COMMISSION MEETING MINUTES FEBURARY 5, 2002
18
CONSENT AGENDA -CONTINUED
ITEM 16 TAPE 1, COUNT
Ordinance 2002/ -Amending the Deerfield Beach Municipal
Firefighters Pension Trust Fund to allow for the purchase of prior
military service

COMMENTS: Ordinance amending Section 54-306 to change the normal
retirement date and the amount of normal retirement income and to permit
self directed investments in the Deerfield Beach Retirement Option Plan
(DROP Plan) to permit entry at normal retirement date.

There was no discussion on Items 9 through 16
MOTION was made by Vice Mayor Noland and Seconded by Commissioner Gonot to
approve Items 8 through 16. Roll Call: YEAS: Commissioner Gonot, Commissioner
Trinchitella, Vice Mayor Noland and Mayor Capellini. NAYS: None.

ADMINISTRATIVE ACTIONS AND CITY MANAGER COMMENTS
City Manager
No Report.
City Attorney City Commission Health Insurance
-Andrew Maurodis, City
Attorney, stated that in regards to Ordinance No. 2002/ 004 relating to the City
Commissioners health insurance, Section 1, the language states that the ". are
declared eligible to participate in the City of Deerfield Beach health insurance plan
(in
the same manner as City employees)
after completion of at least eight years of
service on the Deerfield Beach City Commission.
He said that the benefits discontinue
for employees at the age of 65 and said that it would not benefit all on the current
Commission.

Commissioner Trinchitella said that the language should not be amended for his benefit
because it would not affect him, because he would be 87 years of age when his term
expired on the City Commission.

City Clerk -No Report.
COMMENTS BY MAYOR AND COMMISSIONERS
Commissioner Clarke-Reed
-Absent.
Commissioner Gonot
No Report. 18
18 Page 19 20
REGULAR CITY COMMISSION MEETING MINUTES FEBURARY 5, 2002
19
ADMINISTRATIVE ACTIONS AND CITY MANAGER COMMENTS
Commissioner Trinchitella
-No Report.
Vice Mayor Noland Founders Day
-Vice Mayor Noland reminded all that Founder's
Day is February 14-17, 2002 and invited everyone to attend.

Mayor Capellini Regional Activity Center (RAC) Ad Hoc Committee -Mayor
Capellini stated that the RAC is scheduled to appear before the County Commission on
February 26, 2002. And the likelihood of not having severe objections is unlikely. He
said that the County amends the land use plan on a bi-annual basis and it was the
City's desire to have the RAC completed by June, however, due to it not meeting the
February 26, 2002 date it would be extended until October 2002. Therefore he
recommended that the Commission appoint six (6) people to serve on an ad hoc
committee to address the concerns of the citizens and said that he would serve as Chair
of said committee. Mayor Capellini recommended that this item be placed on the
February 19, 2002 City Commission meeting.

Jerry Ferguson, Planning and Growth Management Director, clarified that the
Commission directed staff to defer the RAC amendments to the County until October
2002.

MOTION was made by Commissioner Trinchitella and Seconded by Commissioner
Gonot to establish an ad hoc committee to discuss the issues concerning the proposed
Regional Activity Center and defer submitting the RAC to the County until October
2002. Roll Call: YEAS: Commissioner Gonot, Commissioner Trinchitella, Vice Mayor
Noland and Mayor Capellini. NAYS: None.

PUBLIC TO BE HEARD
RAC Town Hall Meeting -Martha McGeary, Court, Deerfield Beach, asked if public
input would be allowed at the RAC Ad Hoc Committee meeting that Mayor Capellini has
recommended be established?

Andrew Maurodis, City Attorney, stated that the committee is being established as a
result of a meeting that Mayor Capellini had regarding this issue and it was agreed that
a series of meetings would be held and commonage into a town meeting. He said that
the committee meeting would also allow public input.

Status of Construction on 13 th Avenue -Martin Gregory, 1259 SE 7 th Court, requested
an update status of the traffic calming on SE 13 th Avenue.

Larry Deetjen, City Manager, stated that the traffic calming in the Cove is a six-phase
process, with the most difficult phase being 15 th Avenue, which was the first phase. He
said that there are two round-abouts to be constructed, drainage issues to be 19
19 Page 20
REGULAR CITY COMMISSION MEETING MINUTES FEBURARY 5, 2002
20
PUBLIC TO BE HEARD
addressed and the construction of the median near the Cove Shopping Center. Mr.
Deetjen said that the contract has committed that work would begin around 15 th Avenue
next week and the final area would be 13 th Court. Further, 12 th Avenue and 4 th would
be performed in Phase 2 and 3, in approximately three weeks..

In addition, Mr. Gregory commented on the beach renourishment project, the RAC and
the beach jetties.

RAC Ad Hoc Committee -Nancy Marcello, 1100 SE 5 th Court, asked if the Mayor
would select the names for the committee because Tom Connick has already been
recommended and asked if he would serve on said committee?

Mayor Capellini replied that a selection of names would be presented to the
Commission for its approval and said that Mr. Connick would serve on the committee.

Introduction of Lt. Donald McCuaig, BSO -George Brennan, District 10 Commander,
introduced Lt. Donald McCuaig as his assistant.

Lt. McCuaig said that he is looking forward to working with the citizens of Deerfield
Beach and working with the Commission, Administration and staff.

ADJOURNMENT
There being no further business, the meeting was adjourned at 8: 45 p. m.

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