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CITY OF DEERFIELD BEACH REGULAR CITY COMMISSION MEETING MINUTES
Tuesday, February 19, 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 Nathaniel Knowles, Emmanuel Christian Center, followed by the Pledge of Allegiance to the flag.

APPROVAL OF THE MINUTES TAPE 1, COUNT 68
Regular City Commission Meeting – February 5, 2002 and September 19 and 26, 2001

MOTION was made by Vice Mayor Noland and Seconded by Commissioner Trinchitella to approve the Regular City Commission Meeting minutes of February 5, 2002 and
September 19 and 26, 2001, as submitted. Roll Call: YEAS: Commissioner Gonot, Commissioner Trinchitella, Vice Mayor Noland and Mayor Capellini. NAYS: None. 1
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REGULAR CITY COMMISSION MEETING MINUTES FEBURARY 19, 2002
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ACKNOWLEDGEMENT OF BOARD MINUTES
1. Uniform Civil Service Board – August 1, September 10, September 25, 2001 2. Deerfield Beach Beautification Authority – January 28, 2002
3. Deerfield Beach Code Enforcement Board – January 14, 2002 4. Community Appearance Board – October 24, November 14 and 28,
December 12, 2001, and January 9 and 23, 2002
There was no action taken on this item.
APPROVAL OF THE AGENDA
February 19, 2002
MOTION was made by Vice Mayor Noland and Seconded by Commissioner Gonot to approved the February 19, 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 Founders Day and Little League Baseball Tournament.

Presentation of Ronald McDonald's Shoe -Vice Mayor Noland stated that Ronald McDonald participated in the Founder's Day Parade on Saturday, February 16, 2002,
and presented his shoe to the Founder's of Deerfield Beach, in which she presented to the City.

Proclamation in honor of Engineers' Week -Mayor Capellini read a proclamation in honor of Engineers' Week, proclaiming February 17-23, 2002 National Engineers
Week.. He said that he is a professional engineer and thanked Anthony Viola, City Engineer and all the engineers that work with him for the fine job in providing the
infrastructure for the City of Deerfield Beach.
WRITTEN REQUEST TO ADDRESS THE COMMISSION
Request Street Closure at NE 4 th Street -April Bolowich, 899 N. E. 4 Street, request that the Commission close N. E. 4 Street at the Road House Grill Restaurant and the
entrance of Federal Highway for the safety of the neighborhood children due to the cut through traffic. She said that a petition of the surrounding neighborhood was submitted
with 44 names in favor of the road closure. 2
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REGULAR CITY COMMISSION MEETING MINUTES FEBURARY 19, 2002
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WRITTEN REQUEST TO ADDRESS THE COMMISSION -CONTINUED
Request Street Closure at NE 4 th Street -Sawn Cornick, 869 NE 4 th Street, also requested that the Commission close NE 4 th Street for the safety of the neighborhood
children. He said that it is being used as a shortcut for through traffic and there is no access to any other neighborhood. Mr. Cornick further stated that a wall had been
constructed to prevent cut through traffic however, prior to the Road House Grill Restaurant opening, it was removed.

Vice Mayor Noland requested that the Commission take action on this item tonight.
Andrew Maurodis, City Attorney, stated that this item would have to be heard in a public hearing forum and that it must be advertised to notify the public prior to the
Commission taking any action. Therefore, he recommended that the item be placed on the March 5, 2002 City Commission Agenda.

MOTION was made by Vice Mayor Noland and Seconded by Commissioner Trinchitella to place the item on the March 5, 2002 City Commission Meeting Agenda as a public
hearing. Roll Call: YEAS: Commissioner Gonot, Commissioner Trinchitella, Vice Mayor Noland and Mayor Capellini. NAYS: None.

Request the approval of the Mango Festival dates and waiver of fees to use the City's Showmobile -Andrew Pratt, , Mango Festival Committee, 495 NW 3 rd Terrace,
Deerfield Beach request the Commission's approval of the Mango Festival dates for June 14 –16, 2002 and the waiver of fees to use the City's Showmobile.

Vice Mayor Noland asked if the Committee had selected a site for the Mango Festival to be held this year?
Mr. Pratt stated that they have not selected a site at this time and that the dates must be approved prior to any decision.
MOTION was made by Commissioner Trinchitella and Seconded by Vice Mayor Noland to approve the dates of June 15 –16, 2002 and 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.

PUBLIC HEARINGS -CHANGE OF USE 3
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REGULAR CITY COMMISSION MEETING MINUTES FEBURARY 19, 2002
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ITEM 1 TAPE 1, COUNT 490
P. H. 2002/ 140 -Applicant: Shane Crane and Transport, Inc.
COMMENTS: Location: 3300 SW 11 th Street Proposed Use: heavy construction/ business office
Previous Use: engineering contractor/ manufacturing (East Coast Asphalt Corp.)

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 Trinchitella 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 508
ORDINANCE NO. 2002/ 005 – ORDINANCE TO VACATE AND ABANDON A PORTION OF A WATER EASEMENT

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH VACATING AND ABANDONING A PORTION OF A
WATER EASEMENT DESCRIBED AS A PORTION OF TRACT "A", "HILLSBORO-95 OFFICE PARK", ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 105, PAGE 30 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA;
DETERMINING THE NECESSITY THEREFORE; AND DIRECTING THAT A COPY HEREOF BE FILED WITH THE PROPERTY
APPRAISER'S AND COUNTY RECORDER'S OFFICES IN AND FOR BROWARD COUNTY, FLORIDA. (660 Hillsboro Boulevard)

The Ordinance was read by title only.
There was no discussion on this item.

PUBLIC HEARINGS -CONTINUED 4
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REGULAR CITY COMMISSION MEETING MINUTES FEBURARY 19, 2002
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MOTION was made by Commissioner 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 adopt Ordinance No. 2002/ 005. Roll Call: YEAS: Commissioner Gonot, Commissioner
Trinchitella, Vice Mayor Noland and Mayor Capellini. NAYS: None.
ITEM 3 TAPE 1, COUNT
ORDINANCE NO. 2002/ 008 –AMENDING ORDINANCE 2000/ 013 TO LIMIT CONSTRUCTION HOURS

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH, FLORIDA, AMENDING ORDINANCE NO. 2000/ 013
TO LIMIT CONSTRUCTION HOURS DURING WORK DAYS AND SATURDAYS AND PROHIBITING SUCH ACTIVITIES ON SUNDAYS
AND HOLIDAYS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CITY CODE; PROVIDING FOR AN EFFECTIVE
DATE.
The Ordinance was read by tile only.
Vice Mayor Noland requested that this item be tabled to allow the City Attorney to amend the language.

Andrew Maurodis, City Attorney, stated that the language would be amended to be more stringent as requested by the Commission and it would have to be readvertised.
Commissioner Trinchitella requested that the proposed ordinance be tailored after the Crystal Lake to prohibit construction on Saturdays, Sundays and holidays and from 8: 00
a. m. to 5: 00 p. m.
Mayor Capellini stated that there are instances when large quantities of concrete is required to be poured in the late night hours and requested that the Commission be
aware of these cases. He further recommended that language be incorporated that when late night pours are required proper notice be given to the City Commission and
administraion.
Commissioner Trinchitella recommended that the proposed ordinance be adopted and if the contractor requires a late pour that they appear before the Commission for approval. 5
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PUBLIC HEARINGS -CONTINUED
Commissioner Gonot stated that there has been construction on Sundays and agreed that the proposed ordinance prohibits constructions on Sundays. He said that there has
been numerous complaints regarding the construction on the Graebel site, which has been disruptive to the neighborhood and requested that the Commission consider
adopting the proposed ordinance to go into effect tonight.
Larry Deetjen, City Manager, stated that unlike government, the private sectors work on holidays and asked that the Commission consider such.

Andrew Maurodis, City Attorney, recommended that the Commission table the item until March 5, 2002 and make it in a comprehensive fashion.
Commissioner Gonot recommended that the Commission adopt the proposed ordinance and have the City Attorney amend the language making it more restrictive
and place it back on the March 5, 2002 agenda.
In response to Commissioner Trinchitella's question, Mr. Maurodis stated that the agreement with Crystal Lake supercedes the proposed ordinance if adopted.

Mayor Capellini recommended that the contractors that have active permits be notified of the adopted ordinance immediately.
Mr. Deetjen stated that staff would do its best to notify the contractors. However, there are numerous sites throughout the City that have active permits. He further stated that
it has been routine through the years to construct on holidays such as President's Day, although the City is closed, the private sectors were open for business. He said that the
Commission is making a major change in policy, which would change a course of action that is predominately throughout Broward and Palm Beach County as well as
throughout the Country.
Additionally, Mr. Deetjen said that many contracts have been approved and that the Contractors have a schedule to adhere to and the Commission has altered a policy
midstream for many of the businesses.
Mr. Maurodis stated that construction is routinely allowed on certain holidays.
Vice Mayor stated that the ordinance states that approval can be granted if warranted, so if homes are not in the nearby area it could be considered.

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. 6
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REGULAR CITY COMMISSION MEETING MINUTES FEBURARY 19, 2002
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PUBLIC HEARINGS -CONTINUED
MOTION
was made by Vice Mayor Noland and Seconded by Commissioner Gonot adopt Ordinance No. 2001/ 008. Roll Call: YEAS:, Commissioner Gonot, Commissioner
Trinchitella, Vice Mayor Noland and Mayor Capellini. NAYS: None.
ITEM 4 TAPE 1, COUNT 767
ORDINANCE NO. 2002/ 007 – ORDINANCE AMENDING THE DEERFIELD BEACH MUNICIPAL FIREFIGHTERS PENSION TRUST
FUND
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH AMENDING SECTION 54-251 TO ALLOW FOR
THE PURCHASE OF PRIOR MILITARY SERVICE; 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
RETIREMENT OPTION PLAN (" DROP") AND TO AMEND THE DROP PLAN TO PERMIT ENTRY AT NORMAL RETIREMENT DATE;
PROVIDING FOR A REPEAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR
AN EFFECTIVE DATE.
The Ordinance was read by title only.
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 Trinchitella to adopt Ordinance No. 2002/ 007. Roll Call: YEAS: Commissioner Gonot,
Commissioner Trinchitella, Vice Mayor Noland and Mayor Capellini. NAYS: None.

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 5 TAPE 1, COUNT 846 7
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REGULAR CITY COMMISSION MEETING MINUTES FEBURARY 19, 2002
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P. H. 2002/ 134 -APPLICATION 01-B1-155 Revision 1 and CASE NO. 1789 Applicant: MOGERMAN, O'LEARY & PATEL IV, INC., by Prakash
Patel
COMMENTS: Proposal: To construct a 393-space 5-level parking garage with 16,250 square feet of retail space on the first floor AND seeking the
following 5 VARIANCES from the provisions of the Deerfield Beach Land Development Code: 1) from Schedule C in order to allow parking spaces 9
feet wide by 18 feet long rather than 10 feet wide by 20 feet long; 2) from Section 98-61 in order to allow a lot coverage of 80 percent rather than the
maximum 50 percent; 3) from Section 98-61 in order to allow a floor area ratio of 2.7 rather than the maximum of 1.0, 4) from Section 98-61 in order
to allow the structure to be located 5.5 feet from the corner front property line rather than 10 feet, AND 5) from Section 98-88 (m) in order to
eliminate the required loading zone as required by Code. Location: A 1.08-acre parcel described as Lots 1,2 and 3, the E 1/ 2 of Lot 18, and all of
Lots 19, 20 and 21, Block 1 of DEERFIELD BEACH, located at 120 NE 20 th Avenue.
. Mayor Capellini requested that the audience extend courtesy to the Commissioners and
each other when commenting on this issue without any interruptions.
Jerry Ferguson, Planning and Growth Management Director, stated included in the Commission's backup material is a copy of the Development Review Committee report.
He said that this proposal is to construct a 393 space five-level parking garage with 16,250 square feet of retail space on the first floor. They are also seeking four (4)
variances, originally, five (5) variances was advertised, however the plan has been revised to eliminate the fifth variance. He said that the application was approved by the
Community Appearance Board and the Planning and Zoning Board. The following variances are being requested: 1) parking spaces size of 9 x 18 feet rather than 10 x
20. 2) lot coverage of 80 percent rather than the maximum 50 percent. 3) A floor area ratio of 2.7 rather than the maximum of 1.0, and 4) and a 4.5 foot setback
encroachment on the south side of NE 1 st Street. Originally, a variance was requested for a loading
QUASI-JUDICIAL HEARINGS -CONTINUED

zone but the plans were revised to include the load zoning. Mr. Ferguson further stated that with the exception of the variances requested the plans meet all the Code
requirements.
Dennis Mele, representing the applicant, displayed a rendering of the proposed building and stated that the property is 1.08 acres and the site would be approximately 43 feet in
height with 45 feet being the maximum allowable in the B-1 zoning district. The ground floor has retail on the eastern portion and surfaces
parking behind the retail, with a service drive between the parking and the retail itself, 8
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with the service drive being available for loading into the retail area. Also, for passing through from the parking to the retail area, and it serves the beach parking across the
street. The upper floors are public parking areas for people that are using businesses in the area and beach goers. The total number of parking spaces is 390 with the ground
floor spaces serving the retail and the upper spaces being for the public.
Mr. Mele further stated that the public has indicated that the City would be involved in the garage, and said that the application is for a site plan and variance for private
construction. And does not presuppose any involvement by the City of Deerfield Beach financially or otherwise, other than the issues that are placed on the agenda. Many
private companies have expressed a great deal of interest due to the need for parking on the beach. In addition, Mr. Mele said that the site plan has been approved by the
Community Appearance Board and the Planning and Zoning Board. He continued by outlining the variances and the Code criteria for each of them.

Additionally, Mr. Mele said that in each case they have requested the minimum that would make the proposed project work to provide a feasible parking environment and
still respect the height limitations. The grant of the variance would be in harmony with the general intent and purpose of the Code and such variance would not be in jurist to
the area involve or otherwise detrimental to the public welfare. He said that the general intent and purpose of the Code and a main item of any Land Development Code is to
implement the Comprehensive Plan. He said that both the City's Community Redevelopment Plan and Land Development Code was adopted under Chapter 163 of
the Florida Statutes, and deem to be consistent with the City's Comprehensive Plan and calls for the provision of parking on the beach for the public. He said that the
proposed plan of the parking garage and a retail parking plan works well for the site and the neighborhood by channeling the traffic towards A1A and away from the
neighborhood.

QUASI-JUDICIAL HEARINGS -CONTINUED
Tom Connick, Boutwell & Connick, 411 East Hillsboro Boulevard, stated that he wrote a letter and forwarded a copy to the City Manager and the City Attorney requesting the
previous application from the applicant, Application No: 00-B1-155, Case No. 1765 and asked if it was available?

Mr. Ferguson replied that the file is available, however, he was not aware of said request.
Mr. Connick requested that it be marked as Exhibit #1 and that the memorandum of law be marked as Exhibit #2. He said that the applicant does not meet the legal criteria for
the variances requested because development requires a number of criteria among which are the criteria pursuant to the City's Code. He said that the subject property
consist of 1.08 acres, which is approximately 47,078 square feet. 9
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Continuing, Mr. Connick said that approximately eight months ago, May 2001, the applicant requested approval of the City Commission of a ground level parking facility,
which the City Commission granted. A special significance was that as a part of the request, it was rezoning .4 acres from Multi-Family to B-1 commercial (this .4 acres is
17,424 square feet of the entire parcel of 47,078 square feet). Without the rezoning of this. 4 acres from Multi-family to B-1 commercial, the Applicant would not have been
able to get approval for the ground level parking facility that it desired back in May 2001.
Further, Mr. Connick said that the current variance requested by the applicant are outrageous, analogous to attempting to squeeze a size 18 building structure into a
petite size 3 property. Remember that Code Requirements are maximums allowed under the Code, and properties are most often developed under the maximum allowed.
Code Requirements are not a loose requirement to be casusally ignored. An analogy is a speed limit in a school zone of 20 miles per hour. The driver can drive under the
speed limit of 20mph but is not to drive over 20 mph. Thereafter, he outlined each of the four variances and continued outlining correspondence presented as Exhibit 2.

In conclusion, Mr. Connick said that the applicant appeared before the Commission approximately eight or nine months ago requesting approval of an 111 parking space
facility at which time the Commission granted a .4 acre change from multi-family to commercial to allow them to accomplish that purpose. Which showed their reasonable
expectation and the use of the property. Now, they report back to the Commission with a massive request, and legally it does not meet the requirements for a variance,
therefore, he urged the Commission to deny the request..

QUASI-JUDICIAL HEARINGS -CONTINUED
The following individuals spoke in opposition to the proposed parking garage: Rod Cornelius, 233 SE 2 nd Avenue, Deerfield Beach; Rich Lorraine, 109 NE 9 th Avenue;
Edward Landy, 3022 Oakridge, D; Milton R. and Jean Landy, 2037 Cambridge, B; Bett Geoghegn, 48 NE 19 th Terrace; JC Sean Geoghegan, 48 NE 19 th Terrace; Martha
McGeary, 1442 SE 6 th Street, Mary Beiaigen, 1926 NE 7 th Street, Apt. 4; Marge Hilton, 1101 SE 5 th Court; Pam Milton, 884 SE 19 th Avenie, #11; Frank Calahan, 1970NW 3 rd
Street; Jim Perry, 6530 NE 21 st Court; Molly Lavacent, 2060 NE 1 st Street; Kim Lapier, 1941 NE 1 ST Street; Stephanie Fintz, 1941 NE 1 st Street; Robert Land, 1600 SE 3 rd
Court; Mendel Bernstein, 330 SE 20 th Avenue; P. Salvo, 330 SE 20 th Avenue; Janet Frey, 1960 NE 1 st Street; Charles Mavrikis, 333 N. Ocean Boulevard; Angela Comotto,
208 Tilford Strreet; James Langley, 1949 NE 19 th Street; Rick Pridbell, 216 SE 19 th Avenue; Kim Grandbell, 233 SE 21 Avenue.

The following individuals spoke in favor of the proposed parking garage: Lou Sherwin, 2009 NE 2 nd Street; Anthony Fienmonte, 333 North Ocean Boulevard; John Chellahan,
333 N. Ocean Boulevard; John Onaman, 1 VP Terre Eastman; Craig Powers, 333 N. 10
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Ocean Boulevard; Paul G. Cotton, 333 N. Ocean Boulevard; Robert Wilzman, 333 N. Ocean Boulevard; Jane Bracken, Evelyn and Jack Silverman, 333 N. Ocean Boulevard,
Betty Busch, 155 SE 19 th Avenue; James Higgins, 325 NE 20 th Avenue, George Williams, Whales Rib, Inc, 1609 SE 5 th Street and residence, 2031 NE 2 nd Street;
Darien Gall, Chamber of Commerce, 1601 E. Hillsboro Boulevard, Janyce Becker, 1601 E. Hillsboro Boulevard, Julian Felder, Manager, Howard Johnson Plaza Restaurant,
Jerry Behan, 520 SE 18 th Avenue, Tom Treacy, 1114 Little Harbor Drive, Greg Shaw, 612 NE 20 th Avenue, #1; Tina Fox, 601 N. Ocean Boulevard, #1; Paul Hebert, 601 N
Ocean Boulevard, #1; Anil Kumar, Manager, Comfort Inn, 50 SE 20 th Avenue; Michael E. Bellefeuille, 1919 NE 1 st Street; Todd Cassidy, 273 NW 37 th Way; Damaso Saavedra,
312 SE 17 th Street; Jeff Falkanger, 888 South Andrews Avenue; Mike O'Leary, 123 NE 20 TH Avenue; Dan Follese, 1203 SE 1 st Way; Don Livoti, 1418 SE 12 th Avenue, and
Chris Miller, 907 SE 10 th Court.
Mr. Mele gave a brief response to address the public comments.
Mike O'Leary, 123 NE 20 TH Avenue, stated that his group approached the City approximately three years ago and observed that the City of Deerfield Beach was
moving in a positive direction and they wished to be a part of that. Therefore, they made a substantial investment in the area to include paying over $100,000 in property
taxes last year. He said that they have been awaiting for the CRA to take place, however, it has not taken off to this date, with the exception of what they have done.
Mr. O'Leary said that they are proposing to provide the parking that is much needed, and yet they are receiving such opposition. He said that he attended a meeting at the
Ranch House Restaurant with representatives from the Save Our Beach Representatives who at which time indicated that they were in
QUASI-JUDICIAL HEARINGS -CONTINUED

favor of the proposed project. In addition, they also attended the Planning and Zoning meeting and expressed support as well. However, they are now expressing opposition.
He said that they have been forthcoming on all issues and have not forced themselves in any manner. They have met with City staff and the Commission to seek direction on
this project and the cost of the project. He said that it is very expensive and risky, in which they are prepared to construct alone, if they do not receive the assistance of the
City as a partnership.
Further, Mr. O'Leary stated that if the Commission does not approve the proposed project, it will send a message to other potential developers that it is very difficult to get
assistance from the City of Deerfield Beach. Although, many are against change in the community, but changes will soon have to take place but hopefully they would be in an
orderly fashion consistent with a Master Plan to benefit all the residents of Deerfield Beach and not just the residents that live nearby the beach. In closing, Mr. O'Leary
thanked the Commission for its time and requested that they consider voting in favor of the proposed project. And said that they did meet with the nearby neighbors to attempt 11
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to make this project the best possible. He further submitted correspondence from the Little Harbor Homeowners Association supporting the project.
In response to Mr. Connick's question, Andrew Maurodis, City Attorney, stated that Mr. Mele's comments were just a rebuttal argument by the applicant and the attorney. And
said it is his opinion that there is no comments to cross-examine. He said that the Commission is aware of the situation and said that Mr. Connick may want to note an
objection which is acceptable. However, it is his opinion that Mr. Mele's comments were closing argument.

MOTION was made by Commissioner Gonot and Seconded by Commissioner Trinchitella to close the public hearing. Roll Call: YEAS: Commissioner Gonot,
Commissioner Trinchitella, Vice Mayor Noland and Mayor Capellini. NAYS: None.
Mayor Capellini stated that this is the Commission's first opportunity to review the application. And although the public has indicated that the Commission was involved
with this project, which is not the case. He said that they have not had a thorough discussion of this project and said that they received literature on Friday regarding the
project. He said that in reviewing the memorandums from the City Manager, Mr. Mele and the O'Leary Group, there is an understanding that the City was planning to lease
the garage. He said there is also a memorandum from the City Attorney to hire a bond counsel, which was all without the Commission's knowledge. Mayor Capellini
expressed opposition to the Administration having proceeded to take such action without the Commission having any opportunity to make any input. He said that the
other
QUASI-JUDICIAL HEARINGS -CONTINUED
Commissioners have not reviewed the memorandum, however, was provided a copy by Mr. Connick who submitted a public records request for said records.

Continuing, Mayor Capellini read a portion of the correspondence: "The City parking garage shall serve as a location for the 99 spaces that were obligated contained under
that certain lease between MOP and the Boil Beach House."
He said that it further indicated the amount the City would pay for leasing and language relating to retaining
bond counsel. He said that this project has four variances and each require four votes, therefore, any declining vote would deny the project. Further, he is uncertain that the
Commission is ready to approve or deny the project. He said that the City has also performed a revenue projection, which would indicate to the public some justified
dishonesty on behalf of the Commission. However, the Commission was not aware of all the correspondence between the Administration and the applicant and the applicant's
counsel.
Thereafter, Mr. Mele entertained questions by the Commision. 12
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After further discussion amongst the Commission it was the consensus of the Commission to table this item.
MOTION was made by Commissioner Trinchitella and Seconded by Vice Mayor Noland to table Item 4, PH 2002/ 134, Application 01-B1-155, Revision 1 and Case No. 1789.
Roll Call: YEAS: Commissioner Gonot, Commissioner Trinchitella, Vice Mayor Noland and Mayor Capellini. NAYS: None.

MOTION was made by Commissioner Gonot and Seconded by Commissioner Trinchitella to take Item 6 and 7 out of order. Roll Call: YEAS: Commissioner Gonot,
Commissioner Trinchitella, Vice Mayor Noland and Mayor Capellini. NAYS: None.
ITEM 6 TAPE 1, COUNT 810
P. H. 2002/ 135 -CASE NO. 1797 Applicant: ALLSTATE METAL RECYCLING by Edward Schneider

COMMENTS: Proposal: Seeking a CONDITIONAL USE approval for recycling non-ferrous metals as provided for in Section 98-55( c)( 2) of the
Deerfield Beach Land Development Code; AND seeking CHANGE OF USE approval for said operation to occupy space previously occupied by a
countertop manufacturer. Location: 292 NW 2 nd Street.
Jerry Ferguson, Director of Planning and Growth Management, stated that the applicant has requested that this item be stricken.

QUASI-JUDICIAL HEARINGS -CONTINUED
It was the consensus of the Commission to strike Item 6.
ITEM 7 TAPE 1, COUNT 822
P. H. 2002/ 136 -SIGN CASE NO. 589 Applicant: JM FAMILY ENTERPRISES by Bob Freeman

COMMENTS: Proposal: Seeking a VARIANCE for section 102-8 (c) (l) to allow a 66 square-foot freestanding monument sign, rather than a 40 square-foot sign as allowed
by code. Location: 190 NW 12 th Avenue.
Jerry Ferguson, Planning and Growth Management Director, stated that this item has been approved by Community Appearance Board and that a variance is required for the
sign. 13
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In response to Mayor Capellini's question, Mr. Ferguson replied that it is located on NW 12 th Avenue.
MOTION was made by Commissioner Trinchitella 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 Commissioner Trinchitella and Seconded by Commissioner Gonot to approve Item 7, PH 2002/ 136, Sign Case No. 589. Roll Call: YEAS:
Commissioner Gonot, and Mayor Capellini. NAYS: Vice Mayor Noland.
Motion passed by a 3-1 vote.
GENERAL ITEMS
ITEM 8 TAPE 2, COUNT 32
P. N. 2002/ 137 -Case 1794: LEOPOLD COX
COMMENTS: Seeking 3 VARIANCES from the provisions of Section 98-61 of the Deerfield Beach Land Development Code for the purpose of
constructing an awning/ carport: 1) to allow a side setback of 1 foot rather than 7.5 feet as required by Code; 2) to allow a front setback of 20 feet
rather than 25 feet as required by Code; AND 3) to allow a lot coverage of 39% rather than the maximum 35%.
GENERAL ITEMS -CONTINUED

Vice Mayor Noland said that the Commission is only allowed to speak on this matter, and that the Board of Adjustment approved it.
MOTION was made by Vice Mayor Noland and Seconded by Commissioner Gonot to approve Item 8, PH 2002/ 137, Case No. 1794. Roll Call: YEAS: Commissioner Gonot,
Commissioner Trinchitella, Vice Mayor Noland and Mayor Capellini. NAYS: None.
ITEM 9 TAPE 2, COUNT 54
Proposal for Neighborhood Traffic Calming Agreement for Starlight Cove, Deer Isle and the Gates of Hillsboro prepared by McMahon
Associates.
COMMENTS: Proposal for neighborhood Traffic Calming Agreement for Starlight Cove, Deer Isle, and the Gates of Hillsboro, prepared by
McMahon Associates, Inc. and recommended for approval by City Engineer, Tony Viola 14
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15
There was no discussion on this item.
MOTION was made by Commissioner Gonot and Seconded by Vice Mayor Noland to adopt Resolution No. 2002/ 018. Roll Call: YEAS: Commissioner Gonot, Commissioner
Trinchitella, Vice Mayor Noland and Mayor Capellini. NAYS: None.
ITEM 10 TAPE 2, COUNT 61
Proposal for Neighborhood Traffic Calming Agreement for Coral Manor

COMMENTS: Proposal for neighborhood Traffic Calming Agreement for Coral Manor
Vice Mayor Noland asked if the proposed traffic calming agreement is verifying that they have performed the traffic study and that there will be a workshop in February or March
to address the concerns of the residents. She further stated that although the agreement states Coral Manor, other areas to the south of Hillsboro Boulevard and west
of Federal Highway are included.
Larry Deetjen, City Manager, stated that the proposed agreement is to compensate the Consultants for the services that they have rendered to date..

GENERAL ITEMS – CONTINUED
MOTION
was made by Vice Mayor Noland and Seconded by Commissioner Gonot to adopt Resolution No. 2002/ 019. Roll Call: YEAS: Commissioner Gonot, Commissioner
Trinchitella, Vice Mayor Noland and Mayor Capellini. NAYS: None.
ITEM 11 TAPE 2, COUNT 114
Resolution 2002/ 020 -Amending the Personnel Rules and Regulations to include Workplace Violence Prevention Policy

COMMENTS: Recommendation from Marva Gordon, Director of Human Resources, to amend the Personnel Rules and Regulations to include
Workplace Violence Prevention Policy.
There were no discussion on this item.
MOTION was made by Commissioner Trinchitella and Seconded by Vice Mayor Noland to adopt Resolution No. 2002/ 020. Roll Call: YEAS: Commissioner Gonot,
Commissioner Trinchitella, Vice Mayor Noland and Mayor Capellini. NAYS: None.
ITEM 12 TAPE 2, COUNT 124 15
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16
Broward County, Traffic Engineering, requesting the removal of eastbound and westbound stop signs and stop bars at the
intersection of SW 15 Street and SW 6 Avenue/ NE 9 Avenue.
COMMENTS: Ahmed E. Aburahmah, Traffic Operations Engineer, Broward County, is requesting that the existing eastbound and westbound
stop signs and stop bars located at SW 15 Street and SW 6 Avenue/ NE 9 Avenue be removed and is prepared to conduct a new traffic study to see
if said signs are warranted.
Vice Mayor Noland stated that although Broward County Traffic Engineering has stated that the stop signs are not warranted at the subject intersection she is opposed to
removing them. She said that they have indicated that traffic signals are not warranted throughout the City and recommended that the City Engineer review the intersection
prior to accepting the County's recommendation.

GENERAL ITEMS – CONTINUED
In response to Mayor Capellini's question, Larry Deetjen, City Manager, stated that the stop signs were installed at the subject intersection at the direction of the Commission.
Upon being notified by a County personnel that the stop signs were installed, Mr. Aburahmah, Broward County Traffic Operations Engineer is requesting that they be
removed.
Mayor Capellini agreed with Vice Mayor Noland that they should not be removed and recommended that the Administration moved forward with installing stop signs at SW
32 nd Avenue and SW 4 th Street.
In addition, he requested that a radar unit be placed on SW 32 nd Avenue to deter speeding.

MOTION was made by Vice Mayor Noland and Seconded by Commissioner Gonot to deny the request. 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 Trinchitella to install signs at SW 32 Avenue and SW 4 th Street. Roll Call: YEAS: Commissioner
Gonot, Commissioner Trinchitella, Vice Mayor Noland and Mayor Capellini. NAYS: None.

ITEM 13 TAPE 2, COUNT 211
Budget recommendation for FY 2002 regarding the Fire Protection Fee
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17
COMMENTS: Recommendation from Sally Siegel, Finance Director, for establishing a budget for Fiscal Year 2002 for the Fire Protection Fee.
Mayor Capellini stated that he is delighted to say that he has received his notice to pay the $49 fire protection fee and although it indicated that it was not a bill, the language
was very strong to impress the severity of the consequence for not paying the assessment.

Vice Mayor Noland stated that she is not certain that $140,000 would be adequate funds for improvements at the fire stations. Although recommendations were made to
renovate the bathrooms and sleep quarters to provide separate quarters for the men and women, she asked what improvements would be made and the status of the bond
money that was approved for the SW 11 th Drive Fire Station?

GENERAL ITEMS – CONTINUED
Larry Deetjen, City Manager, stated that Gary Lother, Fire Chief, submitted recommendations for improvements for the fire stations, which were included in the
Commission's Information package. And that the information that is included in the agenda backup is an outline from Sally Siegel, Finance Director, summarizing the cost
based upon the project fire protection fees. Further, Chief Lother addressed the items that the Commission directed him to address, specifically the air handling systems. And
that he is not certain that the $140,000 include other improvements that are listed and are in the capital improvements budget for the stations. In conclusion, he said that the
aforementioned amount only includes two main stations that does not have air handling systems.

Vice Mayor Noland asked if only $140,000 would be allocated for the fire stations from the projected $2.3 million from the fire assessment fee?
Mr. Deetjen replied that is incorrect, however, Chief Lother prioritized and submitted his recommendation as directed. However, if the Commission would like additional
improvements made, they would be considered. He further recommended that the Commission wait until some of the projects are underway and determine how the
revenue is received, prior to allocating additional funds
In response to Commissioner Trinchitella's question, Mr. Deetjen replied if the Commission approved the proposed item it could be amended later.

Commissioner Gonot recommended that input is received from the firefighters that actually live in the facilities. He said that the trailer located on SW 11 th has holes in it 17
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18
which is substandard facility, therefore, he is uncertain how the list was compiled listing the air handling system as top priority.
Mr. Deetjen said that he would have Chief Lother review the prior list.
Commissioner Trinchitella recommended that the item be tabled.
Vice Mayor Noland suggested that Mayor Capellini meet with representatives that use the facility and to inspect the facility himself and report back to the Commission with his
recommendation.
Additionally, in regards to the Bond Issue, Mr. Deetjen stated that he has been communicating with Broward County and has met with Gene Bonnarmen relating to
the communications proposal as recommended by Roger Desjarlais, County Administrator.

Vice Mayor Noland stated that she was only interested in the status of the bond money to build the fire station on SW 11 th Drive.
GENERAL ITEMS – CONTINUED
Mr. Deetjen stated that the fire station is being built as a part of the Florida Atlantic University Research Campus. He said that a site plan was approved and presented to
the City Commission by Tamara Peacock and the architects are proceeding to follow the approval process, such as the Land Use and the County's approval. Mr. Deetjen
further gave an update of the Public Works facility which approval process is ahead of the subject fire station, although they have not received the County's approval to move
forward on the Public Works facility.
In response to Vice Mayor Noland's question, Andrew Maurodis, City Attorney, replied that the lining is almost completed. He said that the plat is awaiting the County's
approval.
Mr. Deetjen further stated as advised by Mr. Maurodis, he has advised his office, that prior to preparing the detailed plans and going to bid, the County's approval is required
to avoid any further delays with the contractors.
Mr. Maurodis recommended that the property be platted and enter into a tri-party agreement to be able to pull permits prior to the plat being recorded, which could take
up to approximately three months to record. Therefore, it should possibly go before the County Commission in April or May 2002. Thereafter, the bidding process would take
place.
Vice Mayor Noland stated that it was her understanding that the City is considering purchasing another trailer for approximately $100,000 to replaced the one that is 18
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19
temporarily housing the firefighters on SW 11 th Drive. She further stated that it could possibly be a trailer that would be located at the Public Works site.
MOTION was made by Commissioner Trinchitella and Seconded by Commissioner Gonot to table until March 5, 2002. Roll Call: YEAS: Commissioner Gonot,
Commissioner Trinchitella, Vice Mayor Noland and Mayor Capellini. NAYS: None.
CONSENT AGENDA
ITEM 14 TAPE 2, COUNT 447
Ordinance 2002/ -Amending the Deerfield Beach Municipal Police Retirement Trust

CONSENT AGENDA -CONTINUED
COMMENTS: Ordinance to amend the Deerfield Beach Municipal Police Retirement Trust to provide for supplemental benefits as provided by the
Board of Trustees paid solely from an actuarial surplus in the plan.
Vice Mayor Noland requested that this item be tabled.
MOTION was made by Commissioner Trinchitella and Seconded by Vice Mayor Noland to table the item until March 5, 2002. Roll Call: YEAS: Commissioner Gonot,
Commissioner Trinchitella, Vice Mayor Noland and Mayor Capellini. NAYS: None.
ITEM 15 TAPE 2, COUNT 450
Ordinance 2002/ -Application 02-R-135, City of Deerfield Beach Rezone a .335 acre parcel from S (open space to B-3 (general
business)
COMMENTS: To rezone a .335-acre parcel from S (Open Space) to B-3 (General Business). Location: A portion of Tract A of NORTHWEST PARK
also described as Lots 8 and 9 of RIVERVIEW INDUSTRIAL PARK.
ITEM 16 TAPE 2, COUNT 466
Resolution 2002/ -Authorizing a lease agreement with IBM Corporation for the acquisition of computer equipment through
Midrange Support & Services, Inc.
19
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20
COMMENTS: Placement of server at the main Fire Station one network server to provide the network users with proper speed capacity,
performance and security.
Vice Mayor Noland commented on the agenda backup material relating to the memorandum dated, February 1, 2002, requesting that funds be transferred from salary
to pay for the network server. And said that she is 150% opposed to any funds being transferred from the Fire Department's salary account to purchase equipment. She
further stated that two resigned from the department and should be replaced by personnel and not equipment.

CONSENT AGENDA -CONTINUED
Larry Deetjen, City Manager, stated that there are actually three transitions of employees, one retired and two firefighters resigned, however, he has interviewed the
recommendations of the Fire Rescue Department and will begin their training in the near future.

Additionally, Mr. Deetjen said that Tony Stravino, Deputy Fire Chief, who oversees the computer operation for the Fire Department, recommended that the network server be
purchased using the funds from the salary account was and approved by him. Further, it was Chief Stravino opinion that there was sufficient funds and that it would not interfere
with fire operations, in which he accepted. Therefore, he recommended that the item be tabled to allow him to meet with Gary Lother, Fire Chief and Deputy Chief Stravino
regarding the transfer of funds and report back to the Commission.
MOTION was made by Commissioner Trinchitella and Seconded by Vice Mayor Noland to table the item until March 5, 2002. Roll Call: YEAS: Commissioner Gonot,
Commissioner Trinchitella, Vice Mayor Noland and Mayor Capellini. NAYS: None.
ITEM 17 TAPE 2, COUNT 458
Resolution 2002/ 021 -Agreement with C & A Contracting, Inc. for water service lines replacement

COMMENTS: Authorization to enter into an agreement with C & A Contracting, Inc. for City Project 11014-P, Phase II, for water service lines
replacement for the contract price of $48,921.00.
ITEM 18 TAPE 2, COUNT 457 20
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21
Resolution 2002/ 022 -Agreement with Weekley Asphalt Paving, Inc. for resurfacing city streets
COMMENTS: Authorization to enter into an agreement with Weekley Asphalt Paving, Inc. for resurfacing city streets, City Project 11043-P,
Phase II for the contract price of $63,526.25.
ITEM 19 TAPE 2, COUNT 458
Resolution 2002/ 023 -Contract with Asphalt Consultants, Inc. for right-of-way improvements

CONSENT AGENDA -CONTINUED
COMMENTS: Contract with Asphalt Consultants, Inc. for right-of-way improvements for City Project 11016-P, S. E. 3 Terrace and S. E. 4 Street
to S. E. 3 Street for the contract price of $96,994.00.
ITEM 20 TAPE 2, COUNT 459
Resolution 2002/ 024 -Contract with Mastec North America for traffic signals along SW 10 Street

COMMENTS: Contract with Mastec North America for City Project 11019-P, for traffic signals along SW 10 Street, for the contract price of
$257,588.80.
ITEM 21 TAPE 2, COUNT 460
Resolution 2002/ 025 -Contract with Allied Universal Corporation to purchase liquid chlorine for the water plant

COMMENTS: Contract with Allied Universal Corporation to purchase liquid chlorine for the water plant for a cost of $110,000.00.
ITEM 22 TAPE 2, COUNT 461
Resolution 2002/ 026 -Authorization to purchase two (2) Multiquip DCA25SSSIU generators from NationsRent.

COMMENTS: Contract for purchase of two Multiquip generators from NationsRent as auxilliary power for the wellpoints and lift stations for a
cost of $35,000.00.
ITEM 23 TAPE 2, COUNT 462 21
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22
Resolution 2002/ 027 -Purchase a 2002 Mack MR688S chassis from Nextran Truck Center for the Public Works Department
COMMENTS: Authorization to purchase a 2002 Mack MR688S chassis with a HESCO Roll-off for the Public Works Department from Nextran
Truck Center for $115,081.68.

CONSENT AGENDA -CONTINUED
ITEM 24 TAPE 2, COUNT 555
Resolution 2002/ 028 -Conceptual Approval Agreement with the Florida Communities Trust for the purpose of imposing terms and
conditions on the use of the proceeds of certain bonds and the lands acquired with such proceeds

COMMENTS: Authorization to enter into an agreement with the Florida Communities Trust, a nonregulatory agency within the State of Florida
Department of Community Affairs for the purpose of imposing terms and conditions on the use of the proceeds of certain bonds and the lands
acquired with such proceeds.
Vice Mayor Noland requested clarification of the proposed Conceptual Approval Agreement.

Larry Deetjen, City Manager, stated that the subject is relating to the grant in which the City received by vote from the Florida Community Trust Board approximately
$1,400,000. He said that the terms and conditions upon accepting the grant is that the City must secure from the landowners their permission to easements and acquisitions to
acquire the property. And advised that the City would continue public accesses along the beach from the pier to the north pavilion. He said that the money is fixed and those
property owners are aware of such. Additionally, the City agreed in the management plan that it will manage the existing sea grapes that are around the beach and provide
handicap access to the beach. Currently, there are two sets of stairs that goes down to the beach, however, he envisions more stairs and maybe even a handicap access ramp
because there currently is not one.
Commissioner Gonot asked if this is related to the purchase of the property from the MOP Group at half of the appraised Value? 22
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23
Mr. Deetjen replied yes.
Vice Mayor Noland asked if this relates to the boardwalk as well?
Commissioner Gonot replied yes, as well as the 20 foot strip of land.
Mr. Deetjen stated that is incorrect, but it is for all the beach property and the 20 feet upland to allow the City to have the public access to extend the walkway as close to the
pavilion seawall and the pier.

CONSENT AGENDA -CONTINUED
In response to Mayor Capellini's comment, Mr. Deetjen replied that the City has been working on this project since 1996, and it is very complex. He said that he has done his
best to gain the cooperation of the private owners along the beach area. And said that the grant was a tremendous achievement on the part of the City and that the
Commission's action, which was merely requesting cooperation, would not discourage the owner. Further, Mr. Deetjen said that the City would acquire an easement from the
owners of the restaurant, which is the subject 20 feet. However, the new restaurant, Beach House, the City would acquire the land on the beach plus 20 feet upland from the
Pallaria and said that the dollar amount has not changed. He further assured the Commission that the appraised value would be 50% for the MOP Group and the
Pallaria. (Also see attached verbatim – Item 24).
MOTION was made by Vice Mayor Noland and Seconded by Commissioner Trinchitella to approve Resolution No. 2002/ 028. Roll Call: YEAS: Commissioner Gonot,
Commissioner Trinchitella, Vice Mayor Noland and Mayor Capellini. NAYS: None.
ITEM 25 TAPE 2, COUNT 463
Resolution 2002/ 029 -Establishing an Ad Hoc Advisory Committee, Entitled the Beach Advisory Committee

COMMENTS: Resolution to establish an Ad Hoc Advisory Committee, entitled the Beach Advisory Committee to meet and hold hearings aimed
at improving the Regional Acitivty Center (RAC), proposal.
ITEM 26 TAPE 2, COUNT 465
Resolution 2002/ 030 -Florida Department of Environmental Protection Recreational Trails Program
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24
COMMENTS: Resolution for Project Agreement 21046, DEP Contract Number CFDA #20.219 T2146 for the Recreational Trails Program for
FY2001-2002.

There was no discussion on Items 15, 17-23, 25 through 26.
MOTION was made by Vice Mayor Noland and Seconded by Commissioner Gonot to approve Items 15, 17 through 23 and 25 through 66. 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
-No Report.
City Clerk
-No Report.
COMMENTS BY MAYOR AND COMMISSIONERS
Commissioner Clarke-Reed
-Absent.
Commissioner Gonot
– No Report.
ADMINISTRATIVE ACTIONS AND CITY MANAGER COMMENTS
Commissioner Trinchitella
-No Report.
Vice Mayor Noland – Founders Day-
Vice Mayor Noland thanked everyone for their participation and support during Founder's Day weekend, February 14-17, 2002. She
further thanked staff, Police, Fire and offered a special thank you to Vince Kendrick.
Mayor Capellini -No Report.
PUBLIC TO BE HEARD
None

ADJOURNMENT
There being no further business, the meeting was adjourned at 10:: 50 p. m. 24
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25
ALBERT R. CAPELLINI, P. E., MAYOR
ATTEST:

______________________________________ ADA GRAHAM-JOHNSON, CMC, CITY CLERK