CITY OF DEERFIELD BEACH REGULAR CITY COMMISSION MEETING MINUTES
Tuesday, March 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 Commissioner Steve Gonot
Commissioner Amadeo Trinchitella Vice Mayor Peggy Noland
Mayor Albert Capellini, P. E.
Also Present: Larry Deetjen, City Manager Andrew Maurodis, City Attorney
Ada Graham-Johnson, City Clerk

INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation was offered by Pastor Brian Brightly, Trinity United Methodist Church, followed by the Pledge of Allegiance to the flag.

OUTGOING COMMENTS BY VICE MAYOR PEGGY NOLAND & ADMINISTER OATH OF OFFICE TO VICE MAYOR CLARKE-REED
Remarks by outgoing Vice Mayor Noland
Vice Mayor Noland stated that this has been a very busy year and is looking forward to next year and thanked all for allowing her to serve as Vice Mayor during the year March
2001-2002. She also congratulated Commissioner Clarke-Reed incoming Vice-Mayor will serve as President of the Broward League of Cities, and is the first Deerfield Beach
City Commissioner to be appointed as President of the Broward League of cities.
Oath of office administered for incoming Mayor and Commissioners
Ada Graham-Johnson, City Clerk, administered the Oath of Office to Gwyndolen Clarke-Reed as Vice Mayor for the year 2002-2003.

Certificate of Completion to Vice Mayor Clarke-Reed
Mayor Capellini presented a Certificate of Completion for the International Academy 2001, Basic Course, sponsored by the Florida League of Cities to Vice Mayor Clarke-Reed,
in which she attended the course in October 2001, Tampa Florida. 1
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REGULAR CITY COMMISSION MEETING MARCH 19, 2002
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OUTGOING COMMENTS BY VICE MAYOR PEGGY NOLAND & ADMINISTER OATH OF OFFICE TO VICE MAYOR CLARKE-REED CONTINUED
Remarks by incoming Vice Mayor Clarke-Reed
Vice Mayor Clarke-Reed stated that this is her third term as Vice Mayor and she is looking forward to continuing the growth of the City. She said that it is an honor to
become president of the Broward League of Cities, also she is the first African-American female in Broward County and the first elected official in the City of Deerfield
Beach to achieve such honor.
APPROVAL OF THE MINUTES TAPE 1, COUNT 70
Regular City Commission Meeting March 5, 2002
MOTION was made by Commissioner Clarke-Reed and Seconded by Vice Mayor Noland to approve the Regular City Commission Meeting minutes of March 19, 2002; as
submitted. Roll Call: YEAS: Commissioner Clarke-Reed, Commissioner Gonot, Commissioner Trinchitella, Vice Mayor Noland and Mayor Capellini. NAYS: None.

ACKNOWLEDGEMENT OF BOARD MINUTES
1. Deerfield Beach Code Enforcement February 11, 2002 2. Beach Advisory Committee February 25, 2002

There was no action taken on this item.
APPROVAL OF THE AGENDA TAPE 1, COUNT 80
March 19, 2002 -Added Addendum Item 16a and Deferred Item 16 until the Mid Year Budget is completed.

MOTION was made by Commissioner Clarke-Reed and Seconded by Vice Mayor Noland to add Addendum Item 16a, and tabled Item 16 to the agenda. Roll Call: YEAS:
Commissioner Clarke-Reed, Commissioner Gonot, Commissioner Trinchitella, Vice Mayor Noland and Mayor Capellini. NAYS: None.

PRESENTATION
Community Improvement Video The community improvement video showed highlights of the Relay for Life at Quiet Waters Park held the weekend of March 8-9, 2002. Also
highlights of the groundbreaking of the JM Family Workplace & Facility Construction/ Daycare that was spearheaded by Pat Moran, CEO, JM Family.

Mayor Capellini said that the JM Family is ranked 50 in the Fortune 500. 2
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PRESENTATION
TAPE 1, COUNT 379
Resolution to rename NW 12 th Avenue to Jim Moran Boulevard Commissioner Trinchitella said that Jim Moran has given to the community in many ways, especially
for the teens. And is worthy of the recognition of having the NW 12 th Avenue to be renamed the Jim Moran Boulevard.

MOTION was made by Commissioner Trinchitella and Seconded by Commissioner Noland to rename NW 12 th Avenue to Jim Moran Boulevard. Roll Call: YEAS:
Commissioner Gonot, Commissioner Noland, Commissioner Trinchitella, Vice Mayor Clarke-Reed and Mayor Capellini. NAYS: None.

BellSouth 10 Digit Program Implementation Evelyn Wulff, Account Manager, BellSouth, 13450 W. Sunrise Boulevard, Suite 600, Sunrise, Fl 33323, stated effective
April 1, 2002, there will be a new area code (754) for Broward County. She said that area codes (954) and (754) will be the two area codes; therefore, all calls would require
ten digit dialing. She provided a brochure that explains what the caller must do when making calls. She said that the area code would be required when making local calls
and the long distance would be the same, dialing 1 + area code + number. She reminded all to reprogram their fax and memory call to include the ten-digit dialing.
Thereafter, Ms. Wulff entertained questions by the Commission and the audience.
Proclamation proclaiming April 1-7, 2002, National Community Development Week -Mayor Capellini presented a proclamation to Gerald Ferguson, Planning and Growth
Management Director, proclaiming April 1-7, 2002 as National Community Development Week.

Proclamation presented to Leonard J. Kleinman, Vice President, Accurate Title Agency, Inc. first on block to pay the new Fire Assessment Fee. Mayor Capellini presented a
proclamation to Leonard J. Kleinman, Vice President, Accurate Title Agency, Inc. for being the first on his block to pay the new Fire Assessment Fee without official
notification.
Mr. Kleinman stated that he was honored to receive the proclamation.
Update on Deerfield Beach Middle School Construction and City of Deerfield Beach Proposed New Recreational Facilities -Commissioner Noland stated that she and
Vice Mayor Clarke-Reed, Larry Deetjen, City Manager met with the School Board regarding the construction of the new recreational facilities at the Deerfield Beach
Middle School and are waiting for feedback from Dr. Bob Parks, the City's School Board Representative, as there are concerns regarding the construction at the school. 3
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PRESENTATIONS -CONTINUED
Vice Mayor Clarke-Reed stated that there are three areas, in which funding has not been allocated to complete the construction at the Middle School, with the exception of
the proposed swimming pool facility. She said that the Middle School Renovation Project began in 1995 and has yet to be completed. However, there have been several
schools in the western part of the County that has been designed and built, to include some with additions. She said that she will continue to attend the meetings regarding
this project along with City staff to insure that the process moves forward. Further, Vice Mayor Clarke-Reed said that Phil Swinson, Advisory Chair, and PTA member, have
diligently stayed abreast of this project and continues to urge Dr. Parks to complete this project.

Commissioner Noland further stated that the sixth graders attended the elementary school for the last two years and will be returning to the Middle School. And without the
school construction being completed, to include the expansion, there will not be adequate space to house the sixth graders.

Presentation of final plans for Deerfield Beach Middle School Park and Pool Improvements -Vince Kendrick provided an update of the Deerfield Beach Middle
School park and pool improvements and said that the majority of the construction would be performed during the summer months while the students are on school break. He
said that C3TS, Corzo, Castella, Carballo, Thompson and Salman, Engineers, Architects, and Planners have been hired as the firm for the project and introduced
Terrance Glunt, P. E., Principal Associate of C3TS.
Vice Mayor Clarke-Reed said that summer school would not be held in Broward County this year and the students will enter into the jump start program, returning to school
earlier in the fall. Therefore, construction would begin when students return to school for the jump-start program.

Terrance Glunt, P. E. Principal Associate, C3TS, provided an update of the proposed park and pool improvements at the Deerfield Beach Middle School and highlighted the
plans. He said that the plans are 100% complete and are being reviewed for final comments, and some has been submitted for applications and permit. He said that the
proposed project would include a new aquatic facility where the existing tennis courts are currently located, and a quad of baseball and activity fields surround a two-story
activity building designed for construction and meetings. Also included, is a 440 track around a full size football and soccer complex, and an additional concession, restroom
and announcing facility. He said that the park entrance would be on 6 th Avenue with several entrances to maintain traffic control and public safety. Thereafter, Mr. Glunt
entertained questions by the Commission. 4
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PRESENTATION -CONTINUED
Commissioner Noland stated that a portion of the subject project is funded by bond money. Also, with Mr. Kendrick diligence, the City was awarded a grant of $1.5 million
from Swim Central, a program that encourages every child in Broward County the opportunity to learn to swim. She said that the School Board also received funds for the
swimming pool project for replacement of the pool that was once in use at the Middle School.

Mr. Kendrick said that the total project is $4.1 million and he is looking forward to the project moving forward to construction.
Vice Mayor Clarke-Reed stated that it is very important that Dr. Parks insure that the funds are received and allocated to the subject project, as it would impede the City
moving forward with its contract with the developers. Therefore, she urged the citizens to contact Dr. Parks to move forward with this project.

Larry Deetjen, City Manager, stated that the City cannot begin the bid processing or award a contract, as advised by the City Attorney, if the contractor cannot gain access
to the site for safety purposes. He said that it is the City's intent to begin the demolition this summer, it is very important that a decision is made within the next several weeks,
therefore, the School Board must respond rapidly.
Commissioner Noland recommended that Dr. Parks telephone number be announced and urged the residents to contact him regarding this matter.

Mayor Capellini stated that two-thirds of the residence taxes are paid to the County, with a great percentage being for school taxes. He said that the Middle School was over
crowded and deplorable in 1995-1996 when his son attended, and has yet to be renovated, therefore, he too urged all to contact Dr. Parks, the City's representative,
regarding this matter and be accountable for the tax dollars.
Andrew Maurodis, City Attorney, recommended that the City request a binding commitment from the School Board, because once the City enters into a contract, it can
be responsible for delay of damage.
Mayor Capellini agreed with Mr. Maurodis. He said that if the School Board delays the project, and the City does not enter into a contract to avoid liability, then the City would
be held responsible due to it being the local governing agency. Notwithstanding, it is the School Board that has not been cooperating with the progress of this project.

Consideration to operate a hot dog cart at 1997 NE 2 nd Street Deerfield 66 Gas Station Timothy Welch, 1930 NE 5 th Street, Deerfield Beach, stated that he believes in giving
back to the community and outlined a list of charities in which he supported to include Home Depot, Teen Depot a volunteer organization that builds parks and improves. 5
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WRITTEN REQUEST TO ADDRESS THE COMMISSION -CONTINUED
schools; Building Better Health, blood and charity drives for the Lung Association. He requested that he be allowed to operate a hot dog cart at the 1997 NE 2 nd Street
Deerfield Beach 66 Gas Station, and said that 15% of his proceeds would be donated to Kids in Distress.

Commissioner Noland stated that the area in which Mr. Welsh is requesting to place a hot dog cart is located on the beach. She said that there are existing restaurants in the
location and the City's ordinance is stringent on A1A and recommended that the request be denied because if approved, it would set precedence.

Andrew Maurodis, City Attorney, stated that the City Commission has approved two requests due to unusual circumstances and said that the subject operations are
prohibited by the City Code and to allow them on this type of basis would prejudice the Commission from prohibiting others requesting the same. Therefore, he concurred with
Commissioner Noland that it be denied.
MOTION was made by Commissioner Noland and Seconded by Commissioner Gonot to deny the request.. Roll Call: YEAS: Commissioner Gonot, Commissioner Noland,
Commissioner Trinchitella, Vice Mayor Clarke-Reed and Mayor Capellini. NAYS: None.

Street Closure of NW 10 th Street to SW 15 th Street for Mango Festival -Beaulah Hill, 1320 SW 10 th Avenue, Deerfield Beach, stated that representatives from the Common
Highlands Homeowners Association would like to speak in opposition to the proposed location for the Mango Festival.

Mary Cooper, 601 SW 15 th Street, Deerfield Beach, requested that the Commission not allow the Mango Festival to be moved to the proposed location, Dixie Highway, from
SW 10 th to SW 15 th Street. She said that the proposed area is a residential area and they are opposed to the traffic coming into the area. Ms. Cooper also presented a
petition with approximately 300+ signatures opposing the proposed location.
Street Closure of NW 10 th Street to SW 15 th Street for Mango Festival -Anna Hernandez, 600 NE 15 th Court, Park Ridge Estate, stated that the residents of the
Park Ridge Estate, also opposes the proposed location, Dixie Highway, for the Mango Festival. She said the previous festival drew approximately 60,000 people, and they are
opposed to such large crowd in their neighboring community. She also expressed concerns with the festival being held on Dixie Highway near the railroad tracks.

Larry Deetjen, City Manager, stated that an application has been submitted to the Florida Department of Transportation (FDOT) by the City's Community Service
Department and Broward Sheriff's Office, District X, to sponsor and host the 2002 Mango Festival on Dixie Highway, from SW 10 th Street to SW 15 th Street. 6
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WRITTEN REQUEST TO ADDRESS THE COMMISSION -CONTINUED
Additionally, Ms. Hill expressed concerns regarding the traffic in which the Mango Festival would generate, therefore, the homeowners signed a petition opposing the
proposed location and asked that the Commission to consider the homeowners., as well as the safety of it being held along the railroad tracks. She said that the Mango Festival
is not for everybody and many have requested that it be held at its current location, Martin Luther King, Jr., Boulevard, MLK. Further, Ms. Hill said that the Festival would
generate approximately 60,000 to 70,000 people from the tri-county area and throughout the State, that will generate traffic congestion, loud music and debris, which
is left behind for the City and the nearby neighbors to clean up. In conclusion, Ms. Hill said that she is not against the Mango Festival but would like it to remain at its current
site.
Vice Mayor Clarke-Reed stated that the Delray Festival is held near the railroad crossing and security is posted at the tracks. In addition, a fence would be installed
along the tracks for safety precautions if the FDOT and the Festival Committee approve the application, however, they have not received approval from the FDOT at this time.

Mayor Capellini recommended that Ms. Hill meet with the Administration and Vice Mayor Clarke-Reed to discuss this matter.
Vice Mayor Clarke-Reed suggested that Ms. Hill express her concern to the Mango Festival Committee.
In conclusion, Mayor Capellini recommended that Ms. Hill meet with him, Vice Mayor Clarke-Reed and Mr. Deetjen to resolve this matter.
Over spillage of lighting from the Mobil Station -Floyd, complained about the trash being thrown on his property from the Mobil Station located on SW 11 th Drive and SW
10 th Street.
Larry Deetjen, City Manager, stated that Beaulah Hill, President of the Common Highlands Homeowners Association, and Mr. Floyd, previously appeared before the
Commission regarding this matter. And as a result, a meeting was held with him, Vice Mayor Clarke-Reed and other City officials, as well as the manager from the Mobil
Station. He said that Mr. Floyd's concerns were discussed to include the issue of the wall, nevertheless, he would instruct Code Enforcement to review the matter.

Ms. Hill stated that the light spillage has not been corrected and requested that this be reviewed as well. 7
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REGULAR CITY COMMISSION MEETING MARCH 19, 2002
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WRITTEN REQUEST TO ADDRESS THE COMMISSION -CONTINUED
Mr. Deetjen said that the station was built according to specifications and the manager indicated that he would forward the request regarding the light spillage to the Corporate
Office and the Regional Office for their approval.
Mayor Capellini stated that although the illumination plans are submitted for approval to insure that there is no light spillage, he is not certain that there is an inspection to make
certain of this. He said that he has the proper equipment to measure the lighten spillage and recommended that Code Enforcement use it to make certain that it meets
code requirements.
Mr. Floyd also expressed concern regarding the height of the wall and requested that the wall be extended to six feet. He said that the children are walking on the wall and
two have been injured on his property, therefore, he expressed concern regarding liability

Vice Mayor Clarke-Reed stated that she witnessed a gentleman stepping across the fence to avoid walking around to the entrance of the station.
Historical Society requesting funding of ($ 20,000) -Ed Dietrich, Jr., 19780 118 th Trail South, Boca Raton, President, Deerfield Beach Historical Society, introduced the
leadership of the Historical Society. Thereafter, he outlined their accomplishment and announced that the Historical Society will be meeting at the Tri-Rail Station, on
Wednesday, March 20, 2002, (tomorrow). Also, Burgess Hanson, Assistant to the City Manager will be attending the meeting in preparation of a possible exhibition of their
1951 Sea Board Boost of the Railway Station.
Mr. Dietrich stated that although the Historical Society is worth over $500,000, to include two houses in excsess of $380,000, thereafter, he listed their other assets and
said that it is all held in a public trust for their use, enjoyment, visitation by the citizens, students, tourist and visitors to the community. However, none of the items can be
collieries or financial leverage, therefore, he requested funding in the amount of $20,000 for the Historical Society for educational programming, restoring and maintaining
National Register sites and serving the public of Deerfield Beach. He said that in CDBG FY 2001-2005, approved by the Commission in August 2002.

In response to Mayor Capellini's question, Mr. Dietrich stated that they were referred to the Community Development Block Grant, CDBG, and was granted $6,000, in August
2002. And in the preceding year, they requested $35,000 and were granted said amount.

Vice Mayor Clarke-Reed stated that CDBG funds should not be used for the Historical Society, although funds were awarded in August 2002 from said fund. 8
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PRESENTATION -CONTINUED
Commissioner Noland stated that the Commission has had to make difficult decisions, to include the implementation of the Fire Assessment fee, although many citizens were
opposed and suggested possible layoffs. She said that the water rate has increased by 30%, taxes increased and it has been a difficult year for everyone.

Mayor Capellini stated that he and the Administration recently returned from Washington, D. C. and they were surprised to see that the average age of the personnel
that are making decisions is 21 years of age, but are allocating billions of dollars to the states. He said that they have decided to cut the Police Program funds, therefore, the
City will have to fund two or three police deputies, totaling approximately $150,000. In addition, they have cut the funding for infrastructure by approximately 60% and the
federal sharing funds for CDBG will be less, as well as the revenue funding from the State. He said that everyone is having a difficult time, which is one reason the fire
assessment was imposed.
Continuing, Mayor Capellini said that he suspects there will be an additional tax increase next year due to the short falls in revenue. And recommended that this item
be deferred until the Mid-Year Budget review is completed prior to making a decision on this item.

Commissioner Gonot stated that the Florida Department of Transportation offers grants for historic preservations, however, the funding source is for three years and the
application deadline is May 1, 2002. He said that we are currently halfway through the budget and offered to assist the Historical Society in the outer year.

Commissioner Noland encouraged the citizens to join the Historical Society, and said that the membership is $30.00 and suggested a possible membership drive.
Update of FEMA Evaluation Study -Perter R. Gallo, P. E., Engineering group provided an update on the FEMA Evaluation Study for the City of Deerfield Beach. He said that
he was retained to prepare an evaluation of the FEMA flood plain within the City and determine whether or not the residents should be required to have flood plains
insurance for their residence. This insurance is required by FEMA and by their mortgage company or bank if it is determined that their property is located in a flood
zone.
Continuing, Mr. Gallo stated that in reviewing the City and County records to establish if the roadway and home elevations were within the flood plain areas it was determined
that there are four distinctive flood plains area within the City of Deerfield Beach: 1) Deer Creek 2) Independence Bay and Meadow Lakes 3) Crystal Lakes and 4) the Cove
and Round One Corridor.
He said that the beach is also within a flood plain area but is in a velocity zone, which cannot be affected by flood plain area. 9
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PRESENTATION -CONTINUED
Mr. Gallo stated that in his research he found that 80% of the houses in the flood plain area could be eliminated from the National Flood Plain Insurance Program, which
means that residents with homes of $100,000 can save approximately $600 -$800 a year for required insurance. He said that if they can be removed from the flood plain,
they would not be required to obtain flood insurance for their homes. Thereafter, he outlined the elevation findings for each of the four areas. He said that Deer Creek the
FEMA elevation is 12 and the average elevation of the homes are approximately 12 15.5; Independence Bay the FEMA elevation is 14 and the average ranges between 15
-17.5; Crystal Lake the FEMA elevation is 14 and the average range is 15 16.5; and along the Round One corridor the FEMA elevation is 6 and the elevations are 6 8.5.

Mayor Capellini stated that there is a required form that the homeowners can complete and have certified by a surveyor or engineer, which states that their elevation is above
the flood elevation and would eliminate them from paying the flood insurance.
In conclusion, Mr. Gallo recommended that the Commission have the Administration notify the residents and homeowners association of his findings and to obtain the
necessary information in order to remove their dwellings from the flood plain designation.

Commissioner Noland stated that she had a similar issue and contacted the City who verified that she was no longer in a flood plain and offered to write a letter on her behalf
and asked if this is a task in which staff can perform?
Mr. Gallo stated that there are three different procedures in which this matter can be performed: 1) an individual resident can apply to FEMA; 2) homeowners association
can apply to FEMA; or 3) the City can apply to FEMA. He recommended that it be done on a basis with the homeowners, which is the most economic way.

Vice Mayor Clarke-Reed asked if the City could submit one application listing all areas that are not in the flood plain?
Mr. Gallo replied that would be monumental task, to include surveys of the designated areas to be removed, which is a very expensive proposition if the City would undertake
said task, but would be less expensive if an association performed the task.
Mayor Capellini stated that the windstorm insurance can also be eliminated by having a licensed engineer evaluate your shelters and have said element removed from the
insurance policy, which cost approximately $1,000 as well. 10
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PUBLIC HEARINGS -CHANGE OF USE
ITEM 1 TAPE 1, COUNT 2053
P. H. 2002-173:
Applicant: Spread Enterprises, Inc.
COMMENTS: Location: 1672 W Hillsboro Blvd. Proposed Use: merchant/ restaurant
Previous Use: merchant/ addressing/ mailing (Mail Plus)
ITEM 2 TAPE 1, COUNT 2058
P. H. 2002-174:
Applicant: BeSatisfied, LLC
COMMENTS: Location: 3475 W Hillsboro Blvd. Proposed Use: business consultant
Previous Use: merchant (Jo-Ann Store, Inc.)
ITEM 3 TAPE 1, COUNT 2060
P. H. 2002-175:
Applicant: M & L Shipping Services
COMMENTS: Location: 1449 SW 1 st Way Proposed Use: import/ export
Previous Use: merchant (Reeflife Decreations, Inc)
ITEM 4 TAPE 1, COUNT 2063
P. H. 2002-176:
Applicant: National Automotive Transporters
COMMENTS: Location: 3310 SW 11 th St. Proposed Use: business office/ warehousing
Previous Use: engineering contractor/ manufacturing (East Coast Asphalt Corp.)

ITEM 5 TAPE 1, COUNT 2068
P. H. 2002-177:
Applicant: Florida Fan Service
COMMENTS: Location: 224 S Military Trl. Proposed Use: repair
Previous Use: wholesale/ electrical contractor (South Eastern Sound and Communication)

There was no discussion on items 1-5. 11
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REGULAR CITY COMMISSION MEETING MARCH 19, 2002
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PUBLIC HEARINGS -CHANGE OF USE -CONTINUED
MOTION
was made by Commissioner Noland and Seconded by Commissioner Gonot to close the public hearing. Roll Call: YEAS: Commissioner Gonot, Commissioner
Noland, Commissioner Trinchitella, Vice Mayor Clarke-Reed and Mayor Capellini. NAYS: None.

MOTION was made by Commissioner Noland and Seconded by Commissioner Trinchitella to approve Items 1-5. Roll Call: YEAS:, Commissioner Gonot, Commissioner
Noland, Commissioner Trinchitella, Vice Mayor Clarke-Reed and Mayor Capellini. NAYS: None.

PUBLIC HEARINGS
ITEM 6 TAPE 1, COUNT 2073
P. H. 2002/ 166 -APPLICATION FOR RENEWAL OF A BEACH PARKING PERMIT

Applicant: MOGERMAN, O'LEARY & PATEL IV, INC. by Prakash Patel
COMMENTS: Proposal: Renewal of 3-year off-street Beach Parking Permit for 62 spaces. Location: Atlantic Pavilion, 245 North Ocean

Boulevard.
Gerald Ferguson stated that the applicant is requesting that the City Commission renew the existing beach parking permit for an additional three years. He said that the
Commission amended the Code in 1998 allowing commercial lots to charge the public. The applicant purchased the property in 1999

Mayor Capellini stated that during the Beach Advisory Committee (RAC) meetings it has been discovered that many of the operations in the beach area may contribute to the
traffic jams, such as the trucks that unload on A1A for Kahunas's and the Ranch House. And asked why the trucks stop in the road to unload rather than the parking lot to load or
unload? He further stated that if the Commission grants the permit for 62 spaces that all the delivery trucks must load and unload in the parking lots and not on A1A on the s-curve.

Michael O'Leary, Mogerman, O'Leary and Patel, II, Inc. stated that they own the property located on 245 North Ocean Boulevard and said that the application should read
Mogerman, O'leary & Patel, II instead of IV. And replied that the subject area has a ramp to the second level of the deck, and trucks cannot enter, and the lot next door has
been designated for the new restaurant. 12
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PUBLIC HEARINGS -CONTINUED
In addition, Mr. O'Leary stated that they no longer have ownership in the Beach House; however, they can request that Kahunas accepts deliveries in the rear of the garage, NE
20 th , safely unload. He said that they will advise their tenants of this request.
Vice Mayor Clarke-Reed recommended that citations are issued to the trucks that are loading and unloading on A1A.

Further, Mr. O'Leary said that they recently landscaped the right-of-way, which was very expensive, and the sod is replace on a bi-weekly basis due to trucks and vehicles
parking in the right-of-way. Therefore, they will instruct the drivers to park in the rear and welcome parking enforcement to issue citations accordingly.

Commissioner Trinchitella recommended that "No Loading" signs be installed along the subject area.
Commissioner Noland recommended that a visual barrier be installed along A1A.
Mr. O'Leary stated that they are willing to cooperate in anyway that they can and welcomed the City's suggestions.

Tom Connick, 411 East Hillsboro Boulevard, Deerfield Beach, stated that the MOP, II has an obligation to make sure that trucks do not load on A1A, irrespective of parking
citations being issued. He further stated that in 1998, when the previous request was approved, there were six (6) conditions and suggested a seventh (7 th ) condition, "that
there would be no unloading along A1A but in the rear". In addition, Mr. Connick stated that the existing ordinance allows the maximum renewal of the contract in increments up
to three years, and recommended that the Commission grant the contract for one (1) year to allow them to revisit and address any issues or concerns.

Continuing, Mr. Connick stated that the Original Save Our Beach has discussed this matter and does not object to the concept. He also commented on the area of traffic
deviation and said that in 1974, the applicant requested 62 spaces be permitted for parking for fee, although there were a total of 74. And Kahunas' Restaurant was
approved thereafter, and has 12 spaces allocated with 11 being under the parking deviation, which means that there is no allocation of the 11 spaces. Mr. Connick stated
that it is his understanding that there is an obligation for Kahunas to have 23 parking spaces, and requested that the Commission assure that there are 23 parking spaces of
the 74 used for Kahanas to provide sufficient parking for said restaurant. 13
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PUBLIC HEARINGS -CONTINUED
In conclusion, Mr. Connick summarized the conditions in which he requested that the Commission consider: 1) the six conditions that were made in 1998; 2) the 7 th condition
is that loading is in the rear and is prohibited on A1A; 3) and that the contract be approved for one (1) year instead of three (3) years; 4) that 23 spaces be allocated to
Kahunas and the remaining used for others.
Mr. O'Leary stated that they have been in the community for approximately three (3) years and has been operating the garage with little or no complaints while servicing the
community. Notwithstanding, the City does have a parking shortage and they are adhering to the Code in their request for the renewal of the 62 parking spaces. And
although he agrees with the loading and unloading on A1A, he is not in favor of the contract being renewed on an annual basis to allow opportunities for dissatisfaction.

Mayor Capellini said that there is a parking shortage because businesses were allowed to operate in the subject area, in hopes that a garage would be built in some future date,
which is uncertain. Therefore, the Commission must readdress this matter because the spaces for parking are limited. And though the proposed plan has no variances and will
not house any additional parking spaces, the Commission is obligated to grant approval, however, it would limit the option of parking additional cars. He further stated that it is
not unreasonable to request that 23 spaces be reserved for Kahunas because if they were built anywhere else the spaces would be required.

Mr. O'Leary stated that being that the Kahunas Restaurant is adjacent to the parking garage, Kahunas' customers utilize the parking facilities, and are already utilizing said
spaces. By requesting that they reserve those spaces, they would be granting Kahunas' rights by guaranteeing said spaces, and they would have no value, which is not
economical to them.
Mayor Capellini disagreed with Mr. O'Leary and said that for any building that is constructed, a required amount of parking spaces is needed.

Commissioner Noland asked if the Commission can amend the term of the contract upon renewal?
Andrew Maurodis, City Attorney, replied yes conditions can be placed at the time of renewal.
In response to Commissioner Trinchitella's question, Mr. O'Leary stated that he agrees to the "no loading" on A1A and the one year, but not the 23 parking spaces for Kahunas'

After further discussion amongst the Commission and Mr. O'Leary, Mr. O'Learye requested that this item be tabled until he can further review the matter. 14
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REGULAR CITY COMMISSION MEETING MARCH 19, 2002
15
PUBLIC HEARINGS -CONTINUED
MOTION
was made by Commissioner Noland and Seconded by Commissioner Gonot to close the public hearing. Roll Call: YEAS: Commissioner Gonot, Commissioner
Noland, Commissioner Trinchitella, Vice Mayor Clarke-Reed and Mayor Capellini. NAYS: None.

MOTION was made by Vice Mayor Clarke-Reed and Seconded by Commissioner Noland to table Item 6. Roll Call: YEAS: Commissioner Gonot, Commissioner Noland,
Commissioner Trinchitella, Vice Mayor Clarke-Reed and Mayor Capellini. NAYS: None.
ITEM 7 TAPE 1, COUNT 3049
ORDINANCE NO. 2002/ 009
-AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH VACATING AND
ABANDONING A PORTION OF S. E. 15TH STREET LYING BETWEEN FEDERAL HIGHWAY AND S. E. 8TH AVENUE, DESCRIBED AS A
PORTION OF THE NE 1/ 4 OF SECTION 7, TOWNSHIP 48 SOUTH, RANGE 43 EAST, MORE PARTICULARLY DESCRIBED IN THE
FILE; 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

The Ordinance was read by title only.
Gerald Ferguson, Director of Planning and Growth Management, stated that the abandonment does not go all the way through to SE 8 th Avenue, but is adjacent to the
commercial property.
Larry Deetjen, City Manager, stated that the proposed ordinance is a request from the business directly to the north, Sir Speedy, which is concerned that the right-of-way is
not maintained. And if vacated, subject to the utility easement, the owner and tenant would jointly engage in some beautification.

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

MOTION was made by Vice Mayor Clarke-Reed and Seconded by Commissioner Noland to adopt Ordinance No. 2002/ 009. Roll Call: YEAS: Commissioner Gonot, 15
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REGULAR CITY COMMISSION MEETING MARCH 19, 2002
16
Commissioner Noland, Commissioner Trinchitella, Vice Mayor Clarke-Reed and Mayor Capellini. NAYS: None.
QUASI-JUDICIAL HEARINGS
Mayor Capellini advised that Items 8-10 are quasi-judicial hearings and anyone that would like to speak on these items must be sworn in.

Andrew Maurodis, City Attorney, placed under oath all individuals, including staff addressing the City Commission on these items.
ITEM 8 TAPE 1, COUNT 3171
P. H. 2002/ 163 -APPLICATION 01-RM25-66 Revision 1 and CASE NO. 1801

Applicant: HILLSBORO CONDOMINIUMS, LLC
COMMENTS: To modify an existing approved site plan to add architectural roof elements AND seeking the following 2 VARIANCES
from the provisions of the Deerfield Beach Land Development Code: 1) from Section 98-80 (b) in order to provide a 6 foot 6 inch landscape buffer,

rather than the required 10-foot landscape buffer along abutting rights-of-ways AND 2) from Schedule C in order to allow a building height of 66 feet
rather than the maximum 55 feet as required by Code. Location: a .48-acre parcel described as Lots 9, 10 and 11, Block 7 of DEERFIELD
BEACH, located at 9 N. E. 20 th Avenue.
Gerald Ferguson, Director of Planning and Growth Management, stated that the proposed application was originally for two variances: 1) to provide a 6 foot 6 inch
landscape buffer, rather than the required 10 foot landscape buffer along abutting rights-of-way; 2) to allow a building height of 66 feet rather than the maximum 55 feet as
required by Code on a .48-acre parcel described as Lots 9, 10 and 11, Block 7 of Deerfield Beach, located at 9 NE 20 th Avenue. However, the applicant has met the
requirements for the height issue and no longer requests said variance; so, the applicant is only seeking a variance for the landscaping. Mr. Ferguson said that FDOT
is requiring additional right-of-way which requires them to move their 5 foot sidewalk to approximately 3 feet into their property near the encroachment area, which reduces
the landscape area therefore, they are requesting a 6.5 landscape buffer rather than a 10 foot buffer.

Gustavo Carbonell, Architect, stated that prior to beginning this project, John B. Smith, their Civil Engineer, met with FDOT and indicated that there is no additional need for
right-of-way at the subject intersection. However, during the permitting process, FDOT advised them that to improve the conditions at this intersection the two southbound 16
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17
lanes are located further west than expected. Therefore, they are requiring that they provide a 2 foot gutter and curbing to prevent
QUASI-JUDICIAL HEARINGS -CONTINUED
cars from driving over the sidewalk. This results to having to encroach on their property 3 feet, and provides a right-of-way easement.

Further, Mr. Carbonell said that during the design of this project they have concentrated a tremendous amount of landscaping on the intersection of Hillsboro and A1A. He said
that although 10 feet is required, they have proposed 25 feet of landscaping along Hillsboro Boulevard. Additionally, Mr. Carbonell said that the building has been
designed with the redevelopment concept in mind, with covered parking on the roof; and a pedestrian friendly building.

Tom Connick, representative for the Original Save Our Beach, 411 East Hillsboro Boulevard, stated that the Original Save Our Beach does not have any opposition with
the request for a variance concerning the additional property that FDOT is requiring. He further complimented Joseph Falso, P. E., and developer for addressing their concerns
and working with them to obtain a resolution.
Rod Cornelius, 233 SE 21 st Avenue, Deerfield Beach, stated that he has no objection to the proposed project; however, it has been recommended throughout the CRA area that
buildings not exceed 5 stories and are step backed in nature. In addition, the survey indicated that the designs be Old Florida or Key West in nature and suggested that the
Commission direct Staff to communicate such to developers.
MOTION was made by Commissioner Noland and Seconded by Commissioner Gonot to close the public hearing. Roll Call: YEAS: Commissioner Gonot, Commissioner
Noland, Commissioner Trinchitella, Vice Mayor Clarke-Reed and Mayor Capellini. NAYS: None.

Commissioner Noland said that if the building was constructed smaller with less than 14 units, less parking would be required, and the building setback could be further on the
lot, therefore, a variance would not be needed. She said that in observing the subject lot it appears that this building will be too intense for the intersection. Further, the
proposed building will overpower the Surf Club Condominium. And said that currently the plan calls for a jacuzzi on the roof and it appears that the developer will submit a
variance for a swimming pool.
MOTION was made by Commissioner Noland to deny the request.
This motion died for a lack of a second. 17
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18
MOTION was made by Commissioner Gonot and Seconded by Vice Mayor Clarke-Reed to approve Item 8. Roll Call: YEAS: Commissioner Gonot, Commissioner
Trinchitella, Vice Mayor Clarke-Reed. NAYS: Commissioner Noland.
Mayor Capellini did not vote on this item because he left the room temporarily.
QUASI-JUDICIAL HEARINGS -CONTINUED
ITEM 9 TAPE 1, COUNT 3155
P. H. 2002/ 164 -APPLICATION 01-RM15-41 Revision 1 and CASE NO. 1802

Applicant: HELMUT JANSSEN by William Gallo
COMMENTS: Proposal: To modify an approved site plan to add screen enclosure accessory structures AND seeking a VARIANCE from the
provisions of Section 98-73 (l)( a) of the Deerfield Beach Land Development Code to allow 13 of the screen enclosures to encroach into
the required 25-foot front street setback. The encroachment varies with each screen enclosure and ranges from 11 inches to 7 feet 8 inches.
Location: a 5.62-acre parcel described as Parcel A of the RACQUET CLUB OF DEER CREEK, located at 2950 Deer Creek Country Club
Blvd.

MOTION was made by Commissioner Noland and Seconded by Commissioner Gonot to close the public hearing. Roll Call: YEAS: Commissioner Gonot, Commissioner
Noland, Commissioner Trinchitella, Vice Mayor Clarke-Reed. NAYS: None.
MOTION was made by Commissioner Gonot and Seconded by Commissioner Trinchitella to approve Item 9. Roll Call: YEAS: Commissioner Gonot, Commissioner
Noland, Commissioner Trinchitella, Vice Mayor Clarke-Reed. NAYS: None.
Mayor Capellini abstained from voting on Item 9.
ITEM 10 TAPE 1, COUNT 3718

P. H. 2002/ 165 -CASE NO. 1797 and CHANGE OF USE
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. 18
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19
Steven Schneider, 1126 se 14 TH Avenue, stated that they are requesting to move the current location from 198 NW 2 nd Street to 292 NW 2 nd Street. He said that they have
been in the current location for 12 years, they have an indoor operation.

QUASI-JUDICIAL HEARINGS -CONTINUED
Ronald Rolle, 214 NW 3 rd Avenue, Deerfield Beach, spoke in opposition of the applicant relocating his business to the new site. He said that it would increase traffic and
increase debris in the area, as well as noise.
Alicia Rolle, 214 NW 3 rd Avenue, Deerfield Beach, also spoke in opposition of the applicant relocating his business to the new location. She expressed concern for the
school children's safety and the possibility of them coming in contact with the metal debris. She also expressed concern regarding the traffic and said that the proposed
business would increase traffic.
Arnold Moore, 277 NW 2 nd Street, Deerfield Beach, stated that he is a resident of 14 years and constantly contacts Code Enforcement regarding violations in the
neighborhood, which has increased in the last five years. He said that the proposed business would be an eyesore to the area and urged the Commission to deny the
request.
Ron Rolle, 214 NW 3 rd Avenue, Deerfield Beach, expressed major concern with the tidiness of the facility and said that the existing location is not well kept. And that the
proposed location is closer to a residential area in which the residents of said area has taken pride to maintain and asked the Commission to consider this in its decision.

Mr. Schneider said that school children currently cut through their area and they have not had any problems.
Larry Deetjen, City Manager, stated that the wood flooring company that is in the subject location has taken pride in its facility and placed landscaping and installed
awnings to beautify the area which is an asset to the neighborhood.
In response to Mr. Schneider's comments, Vice Mayor Clarke-Reed stated that the residents have complained about the business operating outside of the building and the
noise that it creates.
MOTION was made by Vice Mayor Clarke-Reed and Seconded by Commissioner Noland to close the public hearing. Roll Call: YEAS: Commissioner Gonot,
Commissioner Noland, Commissioner Trinchitella, Vice Mayor Clarke-Reed and Mayor Capellini. NAYS: None. 19
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20
MOTION was made by Vice Mayor Clarke-Reed and Seconded by Commissioner Noland to deny the request. Roll Call: YEAS: Commissioner Gonot, Commissioner
Noland, Commissioner Trinchitella, Vice Mayor Clarke-Reed and Mayor Capellini. NAYS: None.

GENERAL ITEMS
ITEM 11 TAPE 1, COUNT 4002
Proposal to sponsor Teri Van Dyke as a Women's Professional Beach Volleyball Athlete

COMMENTS: Teri Van Dyke is requesting sponsorship for herself as a Women's Professional Beach Volleyball Athlete

Teri Van Dyke, 3210 SW 1 st Street, Deerfield Beach, stated that she is an employee at the NE Focal Point and moved to the City of Deerfield Beach three years ago to play
beach volleyball. Therefore, she was attracted to the City because of the support that it gives to volleyball players on a high school, college and professional level. She travel
throughout the State, 25 stops throughout the year, as well as other States and international events and requested the Commission's support to sponsor her.

In response to Vice Mayor Clarke-Reed's question, Ms. Van Dyke replied that she has performed on the Nickelodeon television show, Deerfield Times, Observer and the Sun
Sentinel and would promote and market the City of Deerfield Beach in her interviews, as well as wear the City's t-shirts, hats and logo.

Mayor Capellini recommended that this item be deferred until the mid-year budget is completed.
ITEM 12 TAPE 1, COUNT 4107
Consideration to upgrade the microphone system in the City Commission Chamber

COMMENTS: Consideration to upgrade the microphone system in the Commission Chambers with the goose neck microphones, total cost
$3,860.00; with funds to come from the FY 2002 general fund contingency budget.

MOTION was made by Vice Mayor Clarke-Reed and Seconded by Commissioner Noland to approved Item 12. Roll Call: YEAS: Commissioner Gonot, Commissioner
Noland, Commissioner Trinchitella, Vice Mayor Clarke-Reed and Mayor Capellini. NAYS: None. 20
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GENERAL ITEMS -CONTINUED
ITEM 13 TAPE 1, COUNT 4118
Ordinance 2002/ -An Ordinance amending the Deerfield Beach Municipal Police Retirement Trust (TABLED FROM 3/ 5/ 02)

COMMENTS: An Ordinance amending 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.
In response to Mayor Capellini's question, Commissioner Noland stated that she was informed that there would be no cost.

MOTION was made by Vice Mayor Clarke-Reed and Seconded by Commissioner Noland approved first reading. Roll Call: YEAS: Commissioner Gonot, Commissioner
Noland, Commissioner Trinchitella, Vice Mayor Clarke-Reed and Mayor Capellini. NAYS: None.

ITEM 14 TAPE 1, COUNT 4137
Proposal to allocate the remaining Project Impact Grant Funds as recommended by Gary Lother, Fire Chief

COMMENTS: The Project Impact grant has approximately $49,000 remaining that must be allocated by March 31, 2002. Chief Lother is
proposing to use $30,000 for the Comprehensive Emergency Management Plan and $19,000 for shuttering N. E. Focal Point

Gary Lother, Fire Chief, stated that there is approximately $49, 000 remaining in the Project Impact Grant that was awarded several years ago, and requested that said
funds be used to install shutters on the NE Focal Point facility, $19,000; and $30,000 for the Comprehensive Emergency Management Plan. He recommended hiring ERI,
Seattle Washington to perform a comprehensive study and create a plan that will revise the cumbersome Hurricane Manual into a user-friendly pocket sized reference guide
that covers a variety of emergencies
Vice Mayor Clarke-Reed recommended that the print be larger in the proposed pocket sized manual. 21
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22
MOTION was made by Commissioner Noland and Seconded by Vice Mayor Clarke-Reed approved Item 14. Roll Call: YEAS: Commissioner Gonot, Commissioner Noland,
Commissioner Trinchitella, Vice Mayor Clarke-Reed and Mayor Capellini. NAYS: None.

GENERAL ITEMS CONTINUED
ITEM 15 TAPE 1, COUNT 4239
.Proposal to upgrade the temporary fire station located at the I-95 rest area as recommended by Fire Chief, Gary Lother

COMMENTS: Fire Chief, Gary Lother, is requesting to upgrade the temporary trailer, which houses fire/ rescue personnel, located at SW 11th
Drive , cost not to exceed $28,000.
Gary Lother, Fire Chief, stated that when the City annexed the Park Ridge area and began servicing said area, the trailer was located at Interstate 95, I-95, rest area, which
trailer had been used prior to the Fire Department manning it. He said that it appears that the trailer would be needed for approximately two years prior to the station being
completed. Therefore, he requested that the Commission approve upgrading the existing trailer to one that would be designed to house fire/ rescue personnel, located at
SW 11 th Drive.
In response to Vice Mayor Clarke-Reed's question, Chief Lother replied that during the three to five day period that the trailers would be removed and replaced, the fire/ rescue
personnel must be housed, and the Hampton Inn has agreed to provide rooms at a reduced rate during said time. He said that the personnel will use the radio to
communicate.
Commissioner Noland requested an update of the status for the new station.
Gerald Ferguson, Director of Planning and Growth Management, stated that the City received a notice from the State today, that the Notice of Intent will be published on
tomorrow. And if no one files a complaint within 21 days upon notice, it will go into affect, approximately, April 21, 2002.

Larry Deetjen, City Manager, stated this item is related to the Florida Atlantic University Research Center, which will be placed on the April 9, 2002 City Commission meeting
agenda.
MOTION was made by Commissioner Noland and Seconded by Commissioner Trinchitella approved Item 15. Roll Call: YEAS: Commissioner Gonot, Commissioner
Noland, Commissioner Trinchitella, Vice Mayor Noland and Mayor Capellini. NAYS: None. 22
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23
GENERAL ITEMS CONTINUED
Item 16 was taken out of order, discussed under Approval of the Agenda.
ITEM 16 TAPE 1, COUNT 80
Consideration to approve City Manager's longevity pay
COMMENTS: Memorandum from Mayor Capellini regarding longevity pay for the City Manager, which is standard for employees of five (5) years or
more.
This item was deferred at the request of Vice Mayor Clarke-Reed until the mid-year budget is completed.

ITEM 16A TAPE 1, COUNT 4309
Consideration to purchase the NEDERMAN Magna Series Exhaust/ Contaminant Removal Systems for Fire Stations #1
and #3.

COMMENTS: Memorandum from Gary Lother, Fire Chief, recommending the purchase of the NEDERMAN Magna Series Exhaust/ Contaminant
Removal Systems for Fire Stations #1 and #3 for safety concerns; cost not to exceed $92,680.00.

Larry Deetjen, City Manager, stated that the City's vendor, NEDERMAN Magna, installed the exhaust/ contaminant removal system at Fire Station #2, located on
Powerline Road, which has been in operation for approximately one year and has performed the required standards. And requested the Commission's authorization to
approve the purchased the NEDERMAN Extraction Systems for Fire Stations #1 and #3, without going out to bid, due to an emergency basis, for health and safety concerns
for the employees. Notwithstanding, that there were certain vendors that objected to the original Fire Station #2 purchase without bidding.

Andrew Maurodis, City Attorney, stated that the Commission is permitted to authorize purchase without bid for any emergency or extraordinary circumstances under the
Purchasing Act.
MOTION was made by Commissioner Noland and Seconded by Vice-Mayor Clarke-Reed to adopt Resolution No. 2002/ 039 as amended, by adding the new western zone. 23
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REGULAR CITY COMMISSION MEETING MARCH 19, 2002
24
Roll Call: YEAS: Commissioner Clarke-Reed, Commissioner Gonot, Commissioner Trinchitella, Vice Mayor Noland and Mayor Capellini. NAYS: None.
CONSENT AGENDA
ITEM 17 TAPE 1, COUNT 4401
Resolution 2002/ 040 -Contract with Asphalt Consultants for City Project #11049-P

COMMENTS: Resolution to enter into a contract with Asphalt Consultants for City Project #11049-P, Water Main Improvements 2002, for the
contract price of $57,493.
Commissioner Noland asked if Asphalt Consultants performed the water main or the asphalt, and if it is the same company that performed work at the Cove?

Larry Deetjen, City Manager, replied that this is the contract for the water main improvements and a separate contract will follow for the resurfacing of the streets. He
said that the company that is performing the asphalt work in the Cove is a subcontractor and is not Asphalt Consultants.

MOTION was made by Commissioner Noland and Seconded by Vice Mayor Clarke-Reed to adopt Resolution No. 2002/ 040. Roll Call: YEAS: Commissioner Gonot,
Commissioner Noland, Commissioner Trinchitella, Vice Mayor Clarke-Reed and Mayor Capellini. NAYS: None.

ITEM 18 TAPE 1, COUNT 4371
Ordinance 2002/ -An Ordinance amending Section 14-1 of the City Code relative to adoption of the South Florida Building Code; and
amending said provision to adopt the Florida Building Code
COMMENTS: An Ordinance amending Section 14-1 of the City Code relative to the adoption of the South Florida Building Code, amending said
provision to indicate the City has adopted the Florida Building Code.
ITEM 19 TAPE 1, COUNT 4430
Resolution 2002/ 041 -A Resolution authorizing the annual contract for janitorial services to Best Maintenance & Janitorial Service, Inc.
for various city-wide facilities
24
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REGULAR CITY COMMISSION MEETING MARCH 19, 2002
25
COMMENTS: Authorization to award the annual contract to Best Maintenance & Janitorial Service, Inc. for various city-wide facilities, under
the terms and conditions of Bid #2001-02/ 04 for a recommended total cost of $123,108.00.

CONSENT AGENDA -CONTINUED
In response to Commissioner Noland's question, Larry Deetjen, City Manager, stated that the City is terminating the current contractor for janitorial services prior to its
expiration due to issues with theft, in which the Broward Sheriff's Office was called upon to investigate the matter. Therefore, the contract was sent out for re-bid, and that Best
Maintenance & Janitorial Service, Inc. was awarded said bid.
MOTION was made by Commissioner Noland and Seconded by Vice Mayor Clarke-Ree to adopt Resolution No. 2002/ 041. Roll Call: YEAS: Commissioner Gonot,
Commissioner Noland, Commissioner Trinchitella, Vice Mayor Clarke-Reed and Mayor Capellini. NAYS: None.

Janitorial Service, Inc. was the lowest bidder. He stated each bidder was required to submit references of municipalities that they served and field inspections were taken of
those facilities. Further, Mr. Deetjen stated that due to a clause in the contract, the current service contractor is providing interim services until the new contractor comes
begins.
Commissioner Noland stated that she has not been pleased with the services in which the janitorial services have provided, especially with the restrooms on the beach and the
recreation centers.
ITEM 20 TAPE 1, COUNT 4376
Resolution 2002/ 042 -A Resolution authorizing the purchase of two (2) 28 cubic yard Lodal Evo Side Loader Trucks from Container
Systems & Equipment, Inc.
COMMENTS: Authorization to purchase two (2) 28 cubic yard Lodal Evo Side Loader Trucks from Container Systems & Equipment, Inc. for use by
the Solid Waste Division, for the total cost of $310,004.00.
ITEM 21 TAPE 1, COUNT 4380
Resolution 2002/ 043 -A Resolution authorizing the purchase of two (2) 2002 Mack MR688S Chassis with Heil Bodies from Nextran Truck
Center
25
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26
COMMENTS: Authorization to purchase 2 (two) 2002 Mack MR688S Chassis with Heil Bodies from Nextran Truck Center, for use by the Public
Works Department, for a total cost of $324,753.36.

CONSENT AGENDA CONTINUED
ITEM 22 TAPE 1, COUNT 4384
Resolution 2002/ 044 -A Resolution to enter into a Project Agreement with the FDEP for the Land and Water Conservation Fund Grant for
the Villages of Hillsboro Park
COMMENTS: A Resolution to enter into a Project Agreement with the Florida Department of Environmental Protection for the Land and Water
Conservation Fund Grant Program for the Villages of Hillsboro Park.

ITEM 23 TAPE 1, COUNT 4517
Ordinance 2002/ -An Ordinance amending 2001/ 008 to limit construction hours

COMMENTS: An Ordinance amending Ordinance No. 2001/ 008 to limit construction hours during work days and Saturdays and prohibiting such
activities on Sunday and Holidays.
Commissioner Gonot stated that the proposed Ordinance prohibits construction on holidays, which are consistent with the United States Post Office and recommended
that holidays be consistent with those of the commercial standard, which are less holidays. Therefore, he recommended that the item be tabled to time uncertain.

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

ITEM 24 TAPE 1, COUNT 4386
Resolution 2002/ 045 -A Resolution authorizing the City Manager to enter into an Agreement with Target Challenge, Inc. d/ b/ a On Target
Communications
26
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27
COMMENTS: A Resolution authorizing the City Manager to enter into an Agreement with Target Challenge, Inc. d/ b/ a On Target Communications
to conduct a Regional Challenge event and the World Championships for the 2002 Firefighter Combat Challenge.

CONSENT AGENDA -CONTINUED
ITEM 25 TAPE 1, COUNT 4390
Resolution 2002/ 046 -A Resolution authorizing a change in the dates of the City Commission meetings for April 2002.

COMMENTS: A Resolution authorizing the change in the dates of the City Commission meetings scheduled for April 2, 2002 and April 16, 2002, to
April 9, 2002 and April 23 rd 2002.
There was no discussion on Items 18, 20-22 and 24-25
MOTION was made by Vice-Mayor Clarke-Reed and Seconded by Commissioner Noland to approve Items 18, 20-22 and 24-25. Roll Call: YEAS: Commissioner Gonot,
Commissioner Noland, Commissioner Trinchitella, Vice Mayor Clarke-Reed 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 Gonot Teen Center Fashion Show
Commissioner Gonot stated that the Teen Center will be having a pre-prom fashion show on Thursday, March 21,
2002, at 7: 00 p. m. at the Teen Center, located on Powerline Road, and asked all to support the event.

Doug Watler Return from Haiti -Commissioner Gonot commended Doug Watler, Firefighter/ Rescue, recently returned from Haiti with a group that volunteered their
service and assistance where possible. He said that Mr. Watler has given to this community on numerous occasions and has now extended to assist others including
third world countries. . 27
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28
Commissioner Noland Vacation -Out-of-Town -Commissioner Noland stated that she will be out-of-town for two weeks.
COMMENTS BY MAYOR AND COMMISSIONERS
Commissioner Noland -Overnight Parking for Trucks
-Commissioner Noland requested that an ordinance be considered prohibiting tractor trailers, 18 wheeler trucks
from parking overnight in parking lots throughout the City. She witnessed trucks being parked in the Publix Shopping Center, in the Cove, and throughout the City.

Larry Deetjen, City Manager, stated that it is his understanding that while construction is ongoing in the Hillsboro Square, the owner has posted a sign stating that "all authorized
vehicles will be towed at their expense."; therefore, if such vehicles are parking there, they should be towed.

Andrew Maurodis, City Attorney, stated that he would meet with Sergeant Swift, Code Enforcement, and address these concerns and proceed with a draft ordinance.
Deerfield Beach Middle School Upgrades -Commissioner Noland urged the citizens to contact Dr. Bob Parks, School Board Member, representing the City of Deerfield
Beach, regarding funding for the improvements at Deerfield Beach Middle School. She said that the residents of Coconut Creek banded together and as a result a new school
was built.
Commissioner Trinchitella -No Report.
Vice Mayor Clarke-Reed -Mid-Year Budget Review
-Vice Mayor Clarke-Reed asked that the Administration consider scheduling Mid-Year Budget Review in the near
future.
Larry Deetjen, City Manager, stated that he would meet with Sally Siegel, Finance Director, and possibly schedule it for early April 2002.

Special Event Policy for Events that Attracts more than 1,000 -Vice Mayor Clarke-Reed asked if the Administration has considered setting new policies on events
that are held that attracts more than 1,000, specifically the Midnight Madness Youth Event?

Larry Deetjen, City Manager, stated that the owner of Island Water Sports contacted him regarding this event and apologized due to miscommunication between the
promoter and himself which resulted in a much larger crowd than was anticipated. He said that all future events of this nature would require a special event permit and the 28
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REGULAR CITY COMMISSION MEETING MARCH 19, 2002
29
owner is aware of the importance of the police protection and having a special events permit.
Commissioner Gonot stated that he also spoke with the owner and he is willing to cooperate with the City in the future.

COMMENTS BY MAYOR AND COMMISSIONERS -CONTINUED
Mayor Capellini
-No Report.
PUBLIC TO BE HEARD
Commendation to Commission
-Joe Tractenberg, citizen, and former Commissioner, complimented the Commission on a job well done. He said that the meeting was
conducted in the proper order and he enjoyed attending the meeting.
Closure of Post Office located on the Beach -Will Darin, citizen, stated that the Post Office on the beach will be closing due to the owner of the gift shop/ postmaster not
renewing his license and an increase in rent. Therefore, he requested that the Commission consider this matter and assist where possible to keep a branch on the
beach.
Annexation -Rich Lorraine, citizen, stated that there has been much discussion regarding annexation, and a big topic in the newspaper. He said that a previous TVHA
meeting approximately 70 residents with representatives throughout the City, they took a vote of the City placing a straw ballot on the November 2002 Election concerning
whether the residents desire further annexation and the membership vote overwhelmingly was in favor of a straw ballot. Therefore, it is clear that residents wish
to have their voice heard on this issue.
In addition, Mr. Lorraine requested that the Commission consider possibly a provision in the charter requiring a vote on further annexation.

Mayor Capellini stated that the Administration and City Commission received a telephone call for a Special Meeting on Sunday, March 17, 2002, at Broward County
Governmental Center. He advised that the City does not have a choice, because it is the State's obligation to determine the annexation boundaries. However, there has
been extreme disagreement amongst themselves due to legislators outside of the district( s) recommending what boundaries should be annexed, although they do not
represent said area. And recommended that all concerns be forwarded to the County Commission for their consideration.

Additionally, Mayor Capellini stated that the Commission has the City's interest at heart, notwithstanding, neither the City nor the citizens can vote and suggested that the 29
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REGULAR CITY COMMISSION MEETING MARCH 19, 2002
30
citizens hope for the best. He said that only those that would be affected by the annexation would have a right to vote.
In conclusion, Mayor Capellini expressed opposition regarding a straw ballot, and said that would only disappoint the public, because the people will vote against annexation
and it would take place regardless.

PUBLIC TO BE HEARD -CONTINUED
Commissioner Noland stated that prior to annexing additional areas, the City will enter into an interlocal agreement with the County to protect the City.

Commissioner Gonot stated that he is a proponent of the straw ballot, and said that the cost is minimum. And referenced a newspaper article regarding the Sunday meeting,
and said that the arbitrary point is that if a City was to annex more than 30% of its current population must be considered. And said that the 30% should include the
recent annexation of the Crystal Lake and Park Ridge areas.
Vice Mayor Clarke-Reed stated that the 30% are for current population only, not past annexation.

Mayor Capellini stated that the 30% was established to address the issues in the South County, regarding restricting certain areas from being annexed into a particular city. He
said that there are many people involved in the decision making that are from various counties throughout the State, that have never heard of Deerfield Beach. Therefore, he
spoke in opposition of straw ballots.
Commissioner Trinchitella stated that if a decision is not made regarding Pembroke Park, nothing will happen. Commissioner Trinchitella further stated that whether the
Legislature or County considers this matter, the City would have an opportunity to voice its concerns and do its best in representing the City as a whole.

ADJOURNMENT
There being no further business, the meeting was adjourned at 9: 40 p. m.

ALBERT R. CAPELLINI, P. E., MAYOR
ATTEST:
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REGULAR CITY COMMISSION MEETING MARCH 19, 2002
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ADA GRAHAM-JOHNSON, CMC, CITY CLERK