1
CITY OF DEERFIELD BEACH REGULAR CITY COMMISSION MEETING MINUTES
Tuesday, April 23, 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 Chamber, City Hall.
Roll Call:
Present: Commissioner Steve Gonot Commissioner Peggy Noland
Commissioner Amadeo Trinchitella Vice Mayor Gwyndolen Clarke-Reed
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 Anthony Davis, Church of Brotherly Love, followed by the Pledge of Allegiance to the flag.

APPROVAL OF THE MINUTES TAPE 1, COUNT 44
Regular City Commission Meeting – April 9, 2002
MOTION was made by Vice-Mayor Clarke-Reed and Seconded by Commissioner Noland to approve the Regular City Commission Meeting minutes of April 9, 2002; as
submitted. Roll Call: YEAS: Vice-Mayor Clarke-Reed, Commissioner Gonot, Commissioner Trinchitella, Commissioner Noland and Mayor Capellini. NAYS: None.

ACKNOWLEDGEMENT OF BOARD MINUTES
1. Beautification Authority – March 25, 2002 2. Beach Advisory Committee (RAC) – April 1, 2002

3. Code Enforcement Board – March 11, 2002
There was no action taken on this item. 1
1 Page 2 3
REGULAR CITY COMMISSION MEETING MINUTES APRIL 23, 2002
2
APPROVAL OF THE AGENDA
April 23, 2002 -Added Addendum Item 48 – Consent Agenda
MOTION was made by Commissioner Gonot and Seconded by Commissioner Trinchitella to add Addendum Item 48 to the agenda. Roll Call: YEAS Commissioner
Gonot, Commissioner Noland, Commissioner Trinchitella, Vice-Mayor Clarke-Reed, and Mayor Capellini. NAYS: None.

PRESENTATION
Community Improvement Video – The community improvement video showed highlights of Deputy Ware, Broward Sheriff's Office receiving an award for his heroism while off
duty and responding to an armed robbery. Also, highlights of the Peanut Butter Jam at Pioneer Park on Saturday mornings, which introduces young children to music.

Proclamation for Municipal Clerks Week – Mayor Capellini presented a proclamation to Ada Graham-Johnson, City Clerk, for Municipal Clerks Week, April 20-28, 2002.
Proclamation in Observance of Earth Day – Mayor Capellini presented a proclamation to Mario Reboa, Recycling Superintendent, in observance of Earth Day, April 22, 2002
and Earth Month.
Proclamation for Women's League of Hillsboro Beach's special Recognition Day, – Mayor Capellini read a proclamation proclaiming Tuesday, April 23, 2002 as Women's
League of Hillsboro Beach's Special Recognition Day for improving the quality of life in this community and throughout Broward County. He said that they have been in
existence since 1989 raising over $1.2 million for several charitable organizations. The members of the Women's League give of their time, talent and generosity to benefit the
lives of other, and were acknowledge by the Northeast Focal Point CASA honored those women at the second annually Cuisine of the Region fundraiser on Wednesday,
April 24, 2002 at the Deerfield Country Club.
"Redistricting Plans before the State Legislature" and Resolution to reconsider redistricting of Florida State House and Senate Districts -Mayor Capellini gave an
update of the redistricting plans before the State legislature. He said that the Stated Legislative body has redistricted the congressional legislative areas. He said the City
previously had one or two state legislatures, there would be approximately four or five, which weakens the City's support to accomplish action being taken on issues of
concerns because the City does not become an intricate part of any single representatives district. He requested the Commission's support authorizing him to 2
2 Page 3 4
REGULAR CITY COMMISSION MEETING MINUTES APRIL 23, 2002
3
PRESENTATION -CONTINUED
forward correspondence to the State Legislative and forward a copy to the Governor, expressing the City's opposition to the redistricting. Also, Mayor Capellini stated that
State Representative Weissman has requested the Commission to approve the Resolution urging the Florida Legislature to reconsider the redistricting of Florida State
House and Senate districts.
MOTION was made by Commissioner Trinchitella and Seconded by Commissioner Trinchitella to adopt Resolution 2002/ 047 and to authorize Mayor Capellini to forward
correspondence opposing to the redistricting. Roll Call: YEAS: Commissioner Gonot, Commissioner Noland, Commissioner Trinchitella, Vice-Mayor Clarke-Reed, and Mayor
Capellini. NAYS: None.
Sixth Annual Deerfield Beach Super Boat Grand Prix -Vincent Kendrick, Director of Community Services and John Carbonell, President, Super Boat International
Productions, Inc., provided an update on the July 12-14 Sixth Annual Deerfield Beach Super Boat Grand Prix. Mr. Carbonell presented to the Commission the original art
work from last year's poster, designed by George Bartel, a famous artist for NASCAR, as well as Super Boat Internationals. Mr. Carbonell said that the first race of the season
was held last weekend at the Miami Super Boat Grand Prix and they received the most press they have received in the 12 years in which they have been racing in Miami. He
said that Jason Priestly, Star of the hit television series Beverly Hills 90210, is racing with them for the season along with Dan Campbell. He said that Mr. Priestly had an
accident in the Miami race, his boat ran into another boat, however, no one was injured.

Mayor Capellini recommended that the proper paper work and procedures are adhered to regarding this event, to include the road closure, parking and organizing with the
Broward Sheriff's Office.
Mr. Kendrick replied that they are in the process the planning stage and will report to the Commission upon completion. Also, in response to Mayor Capellini's question, Mr.
Kendrick replied that the expected crowd is approximately 40,000 due to the City's beach being one of the best sites for the public to view the race.

WRITTEN REQUEST TO ADDRESS THE COMMISSION
Opposing the Closure of NE 4 th Street -Leann Kenny, NE 8 th Avenue, stated that those opposing the closure of NE 4 th Street were not aware of such action until the
Commission approved the request from the requested residents. She asked that the Commission reconsider its decision and perform a traffic study, and incorporate traffic
calming and beautification of the community surrounding NE 4 th Street. Thereafter, she read a quote from the AAA Magazine, "No one I think has set forth the responsibility of
the American people more plainly than that vigorous patriot Teddy Roosevelt who said, 3
3 Page 4 5
REGULAR CITY COMMISSION MEETING MINUTES APRIL 23, 2002
4
WRITTEN REQUEST TO ADDRESS THE COMMISSION
'The government is us, we are the government, You and I. You and I, those words hold the key to freedom. You and I as individuals are responsible for the success and
failures of our America. What we the people do or fail to do as citizens will add up to the strength or the weaknesses of our great nation".

Harry Ameen, 523 NE 8 th Avenue, Twin Oaks Development, spoke in opposition of the closure of NE 4 th Street and outlined the various reasons why said street should not be
closed. He said that the subject community is a multi-use area with duplexes, multi-family and single family residents, the Elementary School, park, City Hall and the BSO
station. He said that on March 5, 2002 the Commission approved the closure of NE 4 th Street, by Resolution No. 2002/ 031. He said many in the area was unaware of the
closure of the street, and has had an opportunity to review the Commission's action and is now before the Commission requesting that it reconsider its decision. He said that this
issue has polarized the community because the neighbors think that they do not care about children, which is not the case. He said that they do care about children and that
there are approximately 500 children at the elementary school that travel the streets of NE 8 th Avenue and NE 2 nd Street twice a day, with an accident waiting to happen and
has existed for approximately five (5) years. Petitions were needed to address the concern and challenges there, which is a key element to the growth and safety of this
area. Mr. Ameen said that NE 4 th Street closure has not helped the problem on SE 2 nd Street.

Thereafter, Mr. Ameen outlined the reasons in which NE 4 TH Street should not be closed and presented a petition signed by 77 concerned citizens to reopen said street.
In conclusion, Mr. Ameen requested that the Commission conduct a traffic study prior to the permanent closure of this street and plan to incorporate the needs of the area for
the next five years by involving the community. Therefore, he urged the Commission not to close said street.

Supporting the Closure of NE 4 th Street -April Bolowich, 899 NE 4 th Street, spoke in favor of the closure of said street and read correspondence in which she forwarded to
the Commission, (see attached) She provided a petition with 180 signatures, with 118 from residents that are directly affected, and 47 that lives within two blocks of the
closure. She said that a percentage of the drivers through the area were drinking, and that the Road House Grill has happy hour and drink specials, which promote drinking,
and increase the number of impaired drivers through their neighborhood. She commented on possible accidents that could have resulted in major injuries or possible
fatal. She said the those that are in opposition are not directly affected by the closure of NE 4 th Street because they live in an isolated area or blocks away and are not aware of
the problems with drunk drivers. She said that they have spoken to MADD on both the County and State level and they are eager to become involved if needed. Mrs.
Bolowich said that the elementary school is in close proximately of NE 4 th Street and 4
4 Page 5 6
REGULAR CITY COMMISSION MEETING MINUTES APRIL 23, 2002
5
WRITTEN REQUEST TO ADDRESS THE COMMISSION -CONTINUED
urged the Commission to place a permanent barrier at this location and to choose safety over convenience.

Sean Cronin, 869 NE 4 th Street, 16 year residents, spoke in favor of NE 4 th Street closure. He said that there are children in attendance and they are requesting the street
closure for the children safety. Mr. Cronin stated that he is in favor of meeting with those in opposition to design a permanent barrier. He said you and I will pay for what
we fail to do, if we fail to protect the children what have we done? We have failed to protect Deerfield Beach and its future.

In conclusion, Mr. Cronin urged the Commission to leave the temporary barriers in place and allow both parties to meet to discuss this matter and resolve the issue.
Mayor Capellini recommended that previously when the Dragon Club was in the community, there were pictures of unacceptable things taking place in the nearby
neighborhood, and the residents requested that the Commission close the road, which it did. Since then, the road was reopened and the residents once again requested that
the road be closed due to the cut through traffic and the safety of the children, therefore, the Commission acted on the request and closed NE 4 th Street.

After further discussion, Mayor Capellini recommended that the City's traffic, consultant's McMahon and Associates conduct a traffic study. He further recommended
that the City Manager and the Police Chief review the matter. He said that the traffic calming is a long process, which the Cove Homeowners Association met for
approximately 18 months to discuss, plan and design a traffic calming that would satisfy the community.

Commissioner Noland said that NE 4 th Street goes into a neighborhood and does not connect Federal Highway to Dixie Highway, such as 2 nd Street. She said that many
uses the street as a convenience and cut through the neighborhood.
Commissioner Trinchitella stated that Mr. Cronin had suggested that both groups meet to discuss this matter and come up with a solution, recommended that they meet with
the City Manager thereafter.
Larry Deetjen, City Manager, said that the City has closed roads in Xavier Homes and Freedom Marine, Northwest Neighborhood. He recommended that both groups
proceed to the City Manager's Conference room with Burgess Hanson, Assistant to City Manager, and discuss their concerns and plan to attend the Coral Manor Association
Meeting regarding traffic calming. He said that bond money was used to conduct the traffic study and analysis. 5
5 Page 6 7
REGULAR CITY COMMISSION MEETING MINUTES APRIL 23, 2002
6
In conclusion, Mayor Capellini recommended that McMahon and Associates conduct a traffic study.
WRITTEN REQUEST TO ADDRESS THE COMMISSION -CONTINUED
Neighborhood's concern regarding Noise and Ongoing Turnpike Construction Plans -Richard Collins, 487 NW 48 th Avenue, Riverglen, stated that in 1995 the Turnpike
Authority recommended that the Austrian pines be removed that divided their homes from the turnpike. Although they could view the turnpike traffic it diverted the noise from
the neighborhood, however, when the trees were removed, the noise is very loud. He said that they have attempted to have a wall installed along the turnpike such as in
Boca Raton and south of SW 10 th Street along Interstate 95. Mr. Collins said that there is approximately a 2½ mile stretch from 10 th Street to the canal and they have been
informed that the Florida Department of Transportation is not willing to install a wall barrier along the turnpike behind the Riverglen community for the next 10 years. He
further asked the Commission's support in assisting them in having a wall barrier installed.

Commissioner Gonot stated that he and Larry Deetjen, City Manager, has met with Mr. Collins and agreed that the noise is very loud. He said that Senator Klein has been very
instrumental in having noise barrier walls installed along 441 and the Turnpike in Boca Raton and recommended that a meeting be coordinated with him and Mr. Collin
regarding this matter. He further stated that Turnpike Authority has increased the scope of the project and future expansion that was originally from SW 10 th Street, to south in
the County has been moved to the Broward County line. In conclusion, he requested that the Administration contact Senator's Klein's office to schedule a meeting regarding
this matter.
In response to Mayor Capellini's question, Mr. Collins stated that he last met with FDOT representatives on February 4, 2002.

PUBLIC HEARINGS -CHANGE OF USE
ITEM 1 TAPE 1, COUNT 1454
P. H. 2002-212:
Applicant: R. A. R. Z. Enterprises, Inc. COMMENTS: Location: 133 SE 4 th St, #13
Proposed Use: window glazing Previous Use: personal storage

ITEM 2 TAPE 1, COUNT 1474
P. H. 2002-213:
Applicant: Brazilian Depot, Inc
COMMENTS: Location: 700 SW 10 th Street, #19 6
6 Page 7 8
REGULAR CITY COMMISSION MEETING MINUTES APRIL 23, 2002
7
Proposed Use: restaurant Previous Use: merchant (Woodcraft Supply)
PUBLIC HEARINGS – CHANGE OF USE – CONTINUED
Eallucio DeOliveira, 700 SW 10 th Street, #19, stated that they have been at the current location for four (4) years, as a restaurant and is seeking to expand their facility to
include a grocery store. He further stated that he also owns the hair salon that is next door to the restaurant. He said that the current facility is 1,100 square feet, which is
rather small, therefore, he is seeking to expand. Mr. DeOliveira said that they have not encountered any problems in the area and has attempted to be a good neighbor.

Vice Mayor Clarke-Reed said that Mr. DeOliveira has indicated that he is seeking to open a grocery store, however, the application does not indicate such.
Gerald Ferguson, Director of Planning and Growth Management, stated that the applicant is responsible for completing the application, and has described the business
operation in full as: bakery, subs, pizza, grill, ice cream, take-out, eat in and beer and wine.

Mr. DeOliveira said that the aforementioned would be for Bay #19, and would like to expand the grocery store in Bay #5.
Mr. Ferguson explained that the current use of the facility is retail, therefore a change of use application is not required.
Vice Mayor Clarke-Reed asked for clarification of the proposed application?
Mr. Ferguson said that the entire shopping plaza would be converted into one store. He said that originally the businesses located in the plaza were the Wood Crafters and the
Brazilian Depot, Inc. The Brazilian Depot is taking ownership of the entire plaza to expand its sales operation, which would not require a change of use. Nevertheless,
Bay 19 will be a restaurant that would require a change of use for the amount of space, which is before the Commission tonight. He said if it is the Commission's desire to
review the entire floor plan of the plaza he will do so.
Vice Mayor Clarke Reed recommended that Item 2 be tabled until the May 7, 2002, City Commission meeting to allow her to review the request in its entirety.

MOTION was made by Vice-Mayor Clarke-Reed and Seconded by Commissioner Noland to table Item 2 until May 21, 2002. Roll Call: YEAS: Commissioner Gonot,
Commissioner Noland, Commissioner Trinchitella, Vice-Mayor Clarke-Reed, and Mayor Capellini. NAYS: None. 7
7 Page 8 9
REGULAR CITY COMMISSION MEETING MINUTES APRIL 23, 2002
8
PUBLIC HEARINGS – CHANGE OF USE – CONTINUED
ITEM 3 TAPE 1, COUNT 1458
P. H. 2002-214:
Applicant: Dryclean USA
COMMENTS: Location: 3716 W Hillsboro Blvd, #1006 Proposed Use: drycleaner
Previous Use: travel agency (Deerfield Travel)
ITEM 4 TAPE 1, COUNT 1460
P. H. 2002-215:
Applicant: Enviro-Mold Indoor Air Quality Services, Inc.
COMMENTS: Location: 265 Goolsby Blvd Proposed Use: cleaning service
Previous Use: wholesale (Sunwise Swimwear, Inc.)
ITEM 5 TAPE 1, COUNT 1462
P. H. 2002-216:
Applicant: William V. Longstreth, D. C.
COMMENTS: Location: 824 S. E. 9 th Street Proposed Use: chiropractor
Previous Use: business office (Wildman Productions)

There was no discussion on Items 1, 3-5.
MOTION was made by Commissioner Noland and Seconded by Commissioner Clare-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 Commissioner Noland and Seconded by Vice-Mayor Clarke-Reed to approve Items 1, 3-5. Roll Call: YEAS: Commissioner Gonot, Commissioner
Noland, Commissioner Trinchitella, Vice-Mayor Clarke-Reed and Mayor Capellini. NAYS: None. 8
8 Page 9 10
REGULAR CITY COMMISSION MEETING MINUTES APRIL 23, 2002
9
PUBLIC HEARINGS
ITEM 6 TAPE 1, COUNT 1613
P. H. 2002/ 193 -CASE NO. 1805
Applicant: KENNETH S. GEGERSON, D. M. D.

COMMENTS: Proposal: Seeking a TECHNICAL DEVIATION for four (4) parking spaces in accordance with the provisions of Section 98-88 (q)( ii)
of the Deerfield Beach Land Development Code. Location: 1644 W Hillsboro Boulevard.

Gerald Ferguson, Director of Planning and Growth Management Director, stated that the applicant is requesting to add a dentist to an existing dentist operation and the
addition of another dentist requires four parking spaces at the 1644 W. Hillsboro Boulevard.

Kenneth Gegerson, D. M. D., Courthouse Square, 1664 West Hillsboro Boulevard, Deerfield Beach, said that ninety percent of the patients reside in Century Village and
walk to their appointments.
Commissioner Trinchitella said that he has no objection to the request.
MOTION was made by Commissioner Noland 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 Commissioner Trinchitella and Seconded by Vice-Mayor Clarke-Reed to approve Item 6, P. H. 2002/ 193, Case No. 1805. Roll Call: YEAS:
Commissioner Gonot, Commissioner Noland, Commissioner Trinchitella, Vice-Mayor Clarke-Reed and Mayor Capellini. NAYS: None.

ITEM 7 TAPE 1, COUNT 1653
Ordinance 2002/ 010 -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 that the City has adopted the Florida Building Code. 9
9 Page 10 11
REGULAR CITY COMMISSION MEETING MINUTES APRIL 23, 2002
10
PUBLIC HEARINGS -CONTINUED
Andrew Maurodis, City Attorney, stated that the proposed Ordinance is 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.
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.

MOTION was made by Commissioner Trinchitella and Seconded by Commissioner Noland to adopt Ordinance No. 2002/ 010. Roll Call: YEAS: Commissioner Gonot,
Commissioner Noland, Commissioner Trinchitella, Vice-Mayor Clarke-Reed and Mayor Capellini. NAYS: None.

ITEM 8 TAPE 1, COUNT 1589
Ordinance 2002/ 011 -An Ordinance amending the Deerfield Beach Municipal Police Retirement Trust

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.
There was no discussion on this item.
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 adopt Ordinance No. 2002/ 011. Roll Call: YEAS: Commissioner Gonot,
Commissioner Noland, Commissioner Trinchitella, Vice-Mayor Clarke-Reed and Mayor Capellini. NAYS: None.

QUASI JUDICIAL HEARINGS
Mayor Capellini advised that Items 9 through 19 are quasi-judicial hearings and anyone that would like to speak on these items must be sworn in. 10
10 Page 11 12
REGULAR CITY COMMISSION MEETING MINUTES APRIL 23, 2002
11
Andrew Maroudis, City Attorney, placed under oath all individuals, including staff addressing the City Commission on items 9 through 19.
QUASI JUDICIAL HEARINGS -CONTINUED
Gerald Ferguson, Director of Planning and Growth Management, stated that the Planning and Zoning Board has recommended approval of Items 9 –19, and approved
by the Community Appearance Board.
In response to Mayor Capellini's question, none of the applicants objected to staff's report.

ITEM 9 TAPE 1, COUNT 1727
P. H. 2002/ 185: APPLICATION 02-P-165
Applicant: CITY OF DEERFIELD BEACH

COMMENTS: Proposal: To plat a 16.94-acre parcel to be known as the "Deerfield Beach FAU/ MOC-1 Plat". Location: A portion of Section 11,
Township 48 South, Range 42 East, more particularly described in the file, located at 1345 to 1601 SW 11 th Way.

Gerald Ferguson, Director of Planning and Growth Management, stated that the proposed is to plat a 16.94 acre parcel to be known as the "Deerfield Beach FAU/ MOC-1
Plat, described as a portion of Section 11, Township 48 South, Range 42 East, located at 1345 to 1601 SW 11 th Way. He said that the first reading for the rezoning of
this plat is on tonight's consent agenda to make it community facility. He said that the land use amendment went into affect on April 19, 2002.

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 Item 9, P. H. 2002/ 185, application 02-P-175. Roll Call: YEAS:
Commissioner Gonot, Commissioner Noland, Commissioner Trinchitella, Vice-Mayor Clarke-Reed and Mayor Capellini. NAYS: None

ITEM 10 TAPE 1, COUNT 1793
P. H. 2002/ 186: APPLICATION 02-B2-95 and CASE NO. 1806
Applicant: VONA INVESTMENTS, INC. by John Obarowski

COMMENTS: Proposal: To construct a 7,900 square-foot commercial building AND seeking A VARIANCE from the provisions of Schedule
C of the Deerfield Beach Land Development Code in order to allow 11
11 Page 12 13
REGULAR CITY COMMISSION MEETING MINUTES APRIL 23, 2002
12
parking spaces 9 feet wide by 20 feet long rather than 10 feet wide by 20 feet long. Location: A .58-acre lot described as parcel 2 of the HR-II, Ltd.
Plat, and located at 411 S Federal Highway. QUASI JUDICIAL HEARINGS -CONTINUED

Gerald Ferguson, Director of Planning and Growth Management, stated that the proposed application is to construct a 7,900 square foot commercial building and
seeking a variance form the provision of Schedule C of the Deerfield Beach Land Development Code in order to allow parking spaces 9 x 20 rather than 10 x 20 parking
spaces on a .58 acre lot described as a Parcel 2 of the HR-II, Ltd. Plat, located at 411 South Federal Highway. He said that the both Planning and Zoning Board and the
Community Appearance Board has approved the request, with the exception of the variance requested for parking space sizes. He said that the applicant has complied and
agreed to all departmental and code requirements.
Vice Mayor Clarke-Reed stated that there has been much discussion regarding the parking spaces and it was her understanding that the Commission directed Staff to
review possibly amending the language due to the number of variances that requires the Commission's approval.

Mr. Ferguson said that is correct, however, the Commission did not approve the proposed ordinance that was amended.
Commissioner Noland stated that she too requested that the Administration consider parking spaces for compact cars, 9 x 18; and for the larger vehicles, 9 x 20.
Mr. Ferguson stated that there was discussion regarding the various sizes however, the Commission did not vote on said matter.
John Obarowski, Architect, 2848 NW 2 nd Avenue, Boca Raton, stated that they are requesting a variance and hardship because the lot is very narrow which provides very
limited access. He said the access from Federal Highway was eliminated when the warehouse was constructed. Therefore, they are only able to enter the property by
making a right on Federal Highway. In addition, the lot size does not allow for double parking, only single parking with a maximum of 65% of the allowable built in area. Mr.
Obarowski stated that the owner of the shop would like to lease a small restaurant, sandwich shop, 300 feet of customer area, which requires an additional four spaces.
Further, the building to the north of them projects 30 feet beyond their building therefore blocking them in.

Commissioner Noland asked how close is the proposed building to the residential area? She said that she does not foresee a restaurant going into the small area and require an
additional four parking spaces.
Mr. Ferguson outlined the storage facility, residential area and the proposed building by highlighting it on the map. 12
12 Page 13 14
REGULAR CITY COMMISSION MEETING MINUTES APRIL 23, 2002
13
Vice Mayor Clarke-Reed asked if the applicant is requesting to construct a restaurant or an investment company.
QUASI JUDICIAL HEARINGS -CONTINUED
Mr. Obarowski stated that the property owner would like to build commercial spaces, with a restaurant and a small sandwich shop.

In response to Commissioner Noland's question, Mr. Ferguson replied that the use would be a multi-tenant building.
Commissioner Noland asked if the Commissioner does not approve the request for the restaurant, would the applicant have adequate required parking spaces?
Mr. Ferguson replied yes.
Vice Mayor Clarke-Reed stated that before the Commission is an application for an investment company and not a restaurant.

Mr. Obarowski stated that he submitted an application for a restaurant to the Planning and Zoning Board.
Mr. Ferguson stated that the investment portion is the applicant's name, and does not necessarily indicate what would be in the building, only the development. He said that
the application is for a multi-use building that would permit B-2 uses; in addition to providing additional parking to allow them the ability to have a restaurant. Therefore, if
10 foot parking spaces were installed, there would be adequate spacing for the basic 1-300 square foot retail – commercial requirements, but would not be adequate spaces for
a restaurant.
Commissioner Noland stated that she is not comfortable with granting the request, due to the parking problems throughout the City.

Mr. Obarowski stated that they are only requesting an additional three spaces for a restaurant.
Commissioner Noland stated that she would rather grant the variance for the three parking spaces and have the parking spaces remain at 10 x 20. She said that the
business would receive a number of walking customers from the surrounding businesses.

Mr. Ferguson stated that the first reading for the vacation and the abandonment for easements as a part of the subject project was originally on the April 9, 2002 consent
agenda; therefore, the second reading would have to coincide with the site plan and first reading, which was advertised for tonight's meeting. He said that the proposed
application would be subject to the vacation of the easements. 13
13 Page 14 15
REGULAR CITY COMMISSION MEETING MINUTES APRIL 23, 2002
14
Mayor Capellini asked Mr. Obarowski while serving on the Board of Adjustment did he object to any of the variance requests?
QUASI JUDICIAL HEARINGS -CONTINUED
Mr. Obarowski replied that he served on the Board of Adjustment for six (6) years as well as the Planning and Zoning Board and the Unsafe Structure Board, however, he
did not object to the variances because they were rarely requested.
Mayor Capellini stated that when attending a meeting in Fort Lauderdale, the parking space was so small that they had to take up two parking spaces, thereby losing six
inches to every car.
Commissioner Noland said that the applicant is requesting 9 x 20 parking spaces instead of 10 x 20, and she would like to grant a variance for three (3) parking spaces
rather than reduce the size and asked if this is allowable?
Andrew Maurodis, City Attorney, replied that it is allowable, however, the variance would have to be readvertised and noticed to appear before the Commission at the May
7, 2002 meeting.
Mr. Obarowski stated that he is uncertain what direction the owner would like to take.
Commissioner Noland recommended that Item 10 be tabled until the May 7, 2002 City Commission meeting

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 Gonot to table Item 10 until May 7, 2002. Roll Call: YEAS: Commissioner Gonot,
Commissioner Noland, Commissioner Trinchitella, Vice-Mayor Clarke-Reed and Mayor Capellini. NAYS: None

ITEM 11 TAPE 1, COUNT 2299
P. H. 2002/ 188: APPLICATION 02-B1-161
Applicant: POLLO OPERATIONS, INC. by Jean Gallagher

COMMENTS: Proposal: To construct a 3,013.45 square-foot fast food restaurant. Location: A portion of parcel A of Colonnade Business Center
1, more particularly described in the file, located at 1051 S Military Trail. 14
14 Page 15 16
REGULAR CITY COMMISSION MEETING MINUTES APRIL 23, 2002
15
Commissioner Trinchitella asked if the proposed applicant is requesting to construct a restaurant at the previous location of the McDonald's Restaurant, in which they agreed
to an intricate due to the difficult entrance and exit, and asked why they withdrew their application?

QUASI JUDICIAL HEARINGS -CONTINUED
Gerald Ferguson, Director of Planning and Growth Management, replied that it was due to a civil matter between McDonald and Wendy's.

Commissioner Trinchitella asked if the proposed applicant, Pollo Operations, Inc. has agreed with an intricate entrance and exit?
Mr. Ferguson replied that it would be a change from the McDonald's Restaurant.
Commissioner Trinchitella recommended that Items 11 – 15 be tabled to allow him an opportunity to meet with the applicant to discuss the traffic concerns and entrance and
exit of the proposed restaurant.
MOTION was made by Commissioner Trinchitella and Seconded by Commissioner Gonot to table Items 11 – 15 until a time uncertain. Roll Call: YEAS: Commissioner
Gonot, Commissioner Noland, Commissioner Trinchitella, Vice-Mayor Clarke-Reed and Mayor Capellini. NAYS: None.

Bernard Francis, Pollo Tropical, representative for Glen Rosenski, Vice President, of Real Estate and Construction, said that Mr. Rosenski met with Commissioner
Trinchitella to present the project.
Commissioner Trinchitella stated that he does not recall said meeting and recommended that the items be tabled.

ITEM 12 TAPE 1, COUNT 2306
P. H. 2002/ 189: SIGN CASE NO. 590
Applicant: POLLO OPERATIONS, INC. by Jean Gallagher

COMMENTS: Proposal: Seeking a VARIANCE from the provisions of Section 102-8 (c)( 2) of the Deerfield Beach Land Development Code in
order to allow an additional sign on a building side which does not front on a street right-of-way. The Code allows only one building sign per street
frontage. This sign will be in addition to the allowed street frontage sign. Location: A portion of parcel A of Colonnade Business Center 1, more
particularly described in the file, located at 1051 S Military Trail.
This item was discussed under Item 11. 15
15 Page 16 17
REGULAR CITY COMMISSION MEETING MINUTES APRIL 23, 2002
16
QUASI JUDICIAL HEARINGS -CONTINUED
ITEM 13 TAPE 1, COUNT 2309
P. H. 2002/ 190: SIGN CASE NO. 591
Applicant: POLLO OPERATIONS, INC. by Jean Gallagher

COMMENTS: Proposal: Seeking a VARIANCE from the provisions of Section 102-8 (c)( 2) of the Deerfield Beach Land Development Code in
order to allow an additional sign on a building side which does not front on a street right-of-way. The Code allows only one building sign per street
frontage. This sign will be in addition to the allowed street frontage sign. Location: a portion of parcel A of Colonnade Business Center 1, more
particularly described in the file, located at 1051 S Military Trail.
This item was discussed under Item 11.

ITEM 14 TAPE 1, COUNT 2314
P. H. 2002/ 191: SIGN CASE NO. 592
Applicant: POLLO OPERATIONS, INC. by Jean Gallagher

COMMENTS: Proposal: Seeking a VARIANCE from the provisions of Section 102-8 (3)( b) of the Deerfield Beach Land Development Code in
order to allow a drive-thru menu board which will be 39.7 square feet in size rather than the maximum allowed of 24 square feet. Location: A
portion of parcel A of Colonnade Business Center 1, more particularly described in the file, located at 1051 S Military Trail.

This item was discussed under Item 11.
ITEM 15 TAPE 1, COUNT 2321
P. H. 2002/ 192: SIGN CASE NO. 593
Applicant: POLLO OPERATIONS, INC. by Jean Gallagher

COMMENTS: Proposal: Seeking a VARIANCE from the provisions of Section 102-8 (3)( b) of the Deerfield Beach Land Development Code to
allow a second drive-thru menu board. The Code allows only one menu 16
16 Page 17 18
REGULAR CITY COMMISSION MEETING MINUTES APRIL 23, 2002
17
board. Location: A portion of parcel A of Colonnade Business Center 1, more particularly described in the file, located at 1051 S Military Trail.
This item was discussed under Item 11.
QUASI JUDICIAL HEARINGS -CONTINUED
ITEM 16 TAPE 1, COUNT 2411
P. H. 2002/ 206: APPLICATION 89-B1-91 Revision 4 and Case No. 1810
Applicant: LOIS PALLARIA

COMMENTS: Proposal: To modify an existing site plan by demolishing the existing building and constructing a new 5,512 square-foot, single story
restaurant AND seeking CONDITIONAL USE approval in accordance with the provisions of Section 98-79 of the Deerfield Beach Land Development
Code in order to allow outdoor seating in excess of twenty-four in the beach area; AND seeking a TECHNICAL DEVIATION for 32 parking
spaces in accordance with the provisions of Section 98-88 (q) (iv)( a) of the Deerfield Beach Land Development Code. Location: A .44-acre parcel
described as all of Lots 34 and 35, the N ½ of Lot 36, all of Lots 72 and 73, and the N ½ of Lot 74, Block 1 of LONG'S PLEASANT BEACH, more
particularly described in the file, located at 234 NE 21 st Avenue.
Lois Pallaria, owner of the Murphy Ranch House, stated that her legal counsel was not able to attend tonight's meeting because this item was originally scheduled for the April
9, 2002 City Commission meeting. Therefore, she will not be able to address the concern from a legal ramification but will address other concerns. She said that the new
restaurant is not their first desire, which was a two-story building. However, for the past two years, they have been in negotiations with the City to purchase land in front of the
restaurant in order to construct a public boardwalk for pedestrian safety purposes. Mrs. Pallaria said that plans for the restaurant were downsized on three occasions, leaving
them with the same size of the existing facility. Notwithstanding, they will be loosing parking spaces due to the building having had to be moved wes in order to
accommodate the boardwalk.
Further, Mrs. Pallaria said that loosing parking spaces could possibly cause an hardship for her business because it could result to them loosing business as well. Nevertheless,
they are willing to take such risk in hope that they would be able to make up the difference by building a new facility and the new development on the beach. She said
that they will be non-operable for approximately 5 ½ months to construct the new facility. In addition, Mrs. Pallaria said that she and her husband had originally requested
a technical deviation because it was the only resource available to them in order to comply with the project. Although, they have experienced great hardship, Larry
Deetjen, City Manager, has worked diligently for 2 ½ years to assist them in this project. She said that the public will gain a greater value with safety. 17
17 Page 18 19
REGULAR CITY COMMISSION MEETING MINUTES APRIL 23, 2002
18
Continuing, Mrs. Pallaria said that although she is not totally in agreement with the parking deviation, they are willing to discuss and negotiate the matter. She further said
due to their hardships, they should have been offered a variance instead of a parking deviation.
QUASI JUDICIAL HEARINGS -CONTINUED
Andrew Maurodis, City Attorney, said that the option of applying for a parking deviation or a variance is the decision of the applicant. He said that with a variance, the applicant
must prove hardship requirements and must receive a four out of five vote. Also, a variance must show an undue hardship and that it is unusual to the land or building and
that the circumstances affecting the applicant is particular and different from others in the neighborhood. And show that it was not self created and that the literal enforcement
of the zoning application would work for the applicant's disadvantage and create the undue hardship. The parking deviation is somewhat different and requires a three out
of five vote.
Further, Mrs. Pallaria said that she would proceed with the application because time does not allow her to begin a new process, although she would rather have a variance
She also expressed support of a garage being built on the beach.
Tom Connick, Boutwell & Connick, P. O. Box 1186, Deerfield Beach, representing the Original Save Our Beach, said that they support the proposed application to modify the
site plan on the condition. However, they expressed a major difference concerning the parking situation in that it is not in fairness appropriate to technical deviations but is
instead appropriate for a grant of variance on the basis of a hardship. He said that for the City to demand technical deviations in this situation is wrong and unfair.

Continuing, Mr. Connick stated that the approval of the site plan, with the grant of the conditional use and the grant of the variance must be conditional upon the applicant
selling the property to front the Ranch House to the City for one-half of appraised value, which the applicant has publicly promised to do. There can be no other terms to the
sale of the beachfront property to the City for one-half of appraised value, and these approvals must be conditional on the sale of the beachfront property to the City for one-half
of the appraised value.
Mr. Connick said that the Original Save Our Beach has thoroughly reviewed this matter since the Planning and Zoning Board hearing. He provided a handout suggesting what
the City Commission's position be concerning the proposed site plan except for the unique and exceptional fact that the City needs the applicant's property in order to have
adequate property for a boardwalk to the North Pavilion. He further suggested that the proposed boardwalk be built and operated by the City without commercial use.
Additionally, Mr. Connick stated that the Original Save Our Beach supported the City in its efforts to obtain funding for the subject property, one of the conditions expressed in
its letter of support was " ….. that property never be utilized for commercial purposes." Further, if the City acquired this property by eminent domain, it would be required to pay 18
18 Page 19 20
REGULAR CITY COMMISSION MEETING MINUTES APRIL 23, 2002
19
the applicant a considerable sum to include hardship that is created by the needs of the City. For which reason, the applicant should not be required to obtain a parking
technical deviation, but be entitled to a variance as a result of this unique and exceptional circumstance. Therefore, the only legitimate reason for approving the
revised site plan
QUASI JUDICIAL HEARINGS -CONTINUED
with conditional use and variance is on the condition that the applicant sells the property in front of the Ranch House to the City for one-half of appraised value.

In conclusion, Mr. Connick urged the Commission to approve the site plan with the conditional use and variance approvals conditioned upon the applicant selling the
property in front of the Ranch House to the City for one-half of appraised value. He said that the Original Save Our Beach supports fairness to commercial interests, and
reasonable development. They also support the City's efforts in obtaining the grant for State funding to acquire the subject property. In addition, they support the proposed
site plan with conditional use and variance provided the applicant sells the property in front of the Ranch House to the City for one-half of appraised value.

Rod Cornelius, 2333 SE 23 rd Avenue, expressed opposition to granting technical deviations because it creates a partnership between businesses and tax dollars;
therefore, businesses should provide their own parking. However, the Ranch House is a unique circumstance, although the owner has not applied for a hardship to the City,
the fact that by reducing the purchase price of the property by approximately $400,000, the City should extend a credit. Thereby, approving a technical deviation as requested,
it provides an opportunity whereas the technical deviation funds would encourage the City to proceed in creating a partnership with the businesses and the tax funds.

Continuing, Mr. Cornelius said that it has been determined that adequate funding in the Community Redevelopment Agency is available to construct a parking garage and
expressed opposition between a partnership between the businesses to fund a parking garage. He urged the Commission not to approve a technical deviation but to grant
Mrs. Pallaria credit in access of $400,000 and stated that he supports the application.
Karen Kiser, 1520 SE 4 th Court, said that she is a 23 year resident and has gotten to know Mrs. Pallaria, owner Ranch House Restaurant, who is an accommodating person,
and would want to attract her as a good neighbor and business owner. Therefore, she urged the Commission to approve the applicant's request.

Michael O'Leary, Mogerman, O'Leary & Patel, owner of property located at 245 North Ocean Boulevard, directly across from the Ranch House, spoke in support of Mrs.
Pallaria'' application. He said that for the past year there has been much discussion amongst him, Mrs. Pallaria and City staff regarding the boardwalk. Although, they have
not always agreed Mrs. Pallaria has been fair and has kept the City's interest regarding the boardwalk and has modified her building to reduce the square footage to address 19
19 Page 20 21
REGULAR CITY COMMISSION MEETING MINUTES APRIL 23, 2002
20
the safety concern of the City. Currently, there is no sidewalk along A1A, however, Mrs. Pallaria would be required to construct one as required by the site plan. Secondly, she
has agreed to sell her beach property to the City for one-half the appraised value. Thirdly, there would be access to travel from the immediate north area to the south
walkway to enjoy the beach. Therefore, he urged the Commission to
QUASI JUDICIAL HEARINGS -CONTINUED
approve the request to allow them to move forward with the construction projects and complete them, which would enhance and beautify the community.

In addition, the following individuals spoke in favor of Lois Pallaria, Application 89-B1-91 Rev. 4 and Case No. 1810 request: Janyce Becker, Executive Director, Deerfield
Beach Chamber of Commerce, 1601 East Hillsboro Boulevard; Tom Tracey, Little Harbor, Deerfield Beach; Dave Grebel, 2025 SE 1 st Street.

MOTION was made by Commissioner Noland 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.

Mayor Capellini asked for clarification from Mr. Connick, counsel for the Original Save Our Beach, which organization has expressed opposition to the parking deviation. The
City Commission is in receipt of correspondence from said organization, which has suggested that the proposed projects be approved if the restaurant agrees to pay the
fee. If they can live without the parking,, then so can we. There is plenty of parking at the beach anyway. Especially, at night when most patrons are out to eat, we should not
nick pick the proposal to death that or otherwise worthy of approval. The same goes for the MOP parking garage proposal. It may need to be scaled back some from the
original scheme, which required too many variances.
Mr. Connick stated that his comments and exhibits provided urged the Commission to approve the request and that it was unfair that the applicant is being charged for a
technical deviation, when in fact there is a hardship and she should not be charged for the technical deviation. Mr. Connick further stated that the Original Save Our Beach is
in support of the Ranch House on the condition that there is the conveyance to the City to purchase the property for one-half of the appraised value.

In response to Commissioner Gonot's question, Mrs. Pallaria replied that she last spoke with her counsel five (5) days ago and has been in business for 35 years.
Andrew Maurodis, City Attorney, stated that the Code requires that the applicant enter into the parking deviation agreement, which the applicant desires not to lose nine (9)
parking spaces as a result of moving the building, which would be a condition of the parking deviation agreement. 20
20 Page 21 22
REGULAR CITY COMMISSION MEETING MINUTES APRIL 23, 2002
21
MOTION was made by Commissioner Noland and Seconded by Commissioner Trinchitella to approve 16, with condition as indicated by Mr. Maurodis, City Attorney.
Roll Call: YEAS: Commissioner Gonot, Commissioner Noland, Commissioner Trinchitella, Vice-Mayor Clarke-Reed and Mayor Capellini. NAYS: None

QUASI JUDICIAL HEARINGS -CONTINUED
ITEM 17 TAPE 1, COUNT 3409
P. H. 2002/ 207: APPLICATION 02-B3-87 and Case No. 1811
Applicant: DEERFIELD BUILDERS SUPPLY by Jack Hawk

COMMENTS: Proposal: To modify an existing site plan to construct an 8,100 square-foot building AND seeking a TECHNICAL DEVIATION for
16 parking spaces in accordance with the provisions of Section 98-88 (q) (iii) of the Deerfield Beach Land Development Code. Location: Lots 7-
13 inclusive, Block 1, together with Lots 6, 8-14, Block 2 and Lots 3-7 inclusive and a portion of Lot 8, Block 3 and Lots 1-4, 7, 8, Block 4, TOWN
OF DEERFIELD SUBDIVISION, more particularly described in the file, located at 77 SE 2 nd Avenue.

Gerald Ferguson, Director of Planning and Growth Management, stated that this is a proposal to modify an existing site plan to construct an 8,100 square-foot building. He
said that Deerfield Builders Supply proposal is to move a portion of their current outside operation in the building. He said that the parking spaces based on building square
footage and not outdoor activity square footage. Thereby constructing a building they are generating a parking requirement for spaces that would not be provided. The code
requires an additional 16 spaces, which is why they are requesting a technical deviation based on the fact that they do not need the spaces due to the unique character in their
operation. He further stated that the applicant's request has been approved by the Community Appearance Board.

Jack Hawk, Deerfield Builders Supply, stated that they are proposing to take an outdoor use and placing it indoor and improving it aesthetically.
Mayor Capellini stated that technical deviations have been used in cities throughout the United States, to include Boca Raton. He said that the misconceptions of technical
deviations are not accurate.
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. 21
21 Page 22 23
REGULAR CITY COMMISSION MEETING MINUTES APRIL 23, 2002
22
MOTION was made by Vice-Mayor Clarke-Reed and Seconded by Commissioner Trinchitella to approve 17. Roll Call: YEAS: Commissioner Gonot, Commissioner
Noland, Commissioner Trinchitella, Vice-Mayor Clarke-Reed and Mayor Capellini. NAYS: None

QUASI JUDICIAL HEARINGS -CONTINUED
ITEM 18 TAPE 1, COUNT 3534
P. H. 2002/ 208: CASE NO. 1809 and CHANGE OF USE
Applicant: SUNSHINE STORAGE

COMMENTS: Proposal: Seeking CONDITIONAL USE approval as provided for in Section 98-55 (c)( 1) of Deerfield Beach Land Development Code in order to
allow automotive repair and body work; AND seeking CHANGE OF USE approval for said business to occupy space designated through site plan
approval for uses requiring parking at a rate of 1 space per 500 square feet; AND seeking a VARIANCE from the provisions of Schedule B of the Deerfield Beach
Land Development Code in order to operate said business while providing 13 parking spaces rather than the required 40. Location: 833 S Deerfield Avenue.

Gerald Ferguson, Director of Planning and Growth Management, stated that this site plan was previously approved is an existing building which Sunshine Storage purchase
the subject property and the property next to it and consolidated them into one site plan for General B-3 use and the parking accommodate B-3. He said that the applicant is
requesting that the 6,000 square feet was used for auto repair through conditional use and a variance and is being approved as same. He said for the 6,000 square feet 13
spaces are available on the approved site plan and auto body repair requires 40 spaces; therefore, the applicant is requesting a conditional use approval for the auto
body repair and the change of use, as well as a variance for the 27 spaces.
In response to Commissioner Noland's question Gerald Ferguson, Director of Planning and Growth Management, replied that there were concerns with the previous owner
regarding cars being parked outside, however the new owner will modify the parking as well as additional landscaping.

John William Schmalz, III, President , Sunshine Storage, Inc., stated that he is the owner of Lots 5 – 9, which has been combined as one unity of title, and recorded by
Broward County. Mr. Schmalz stated that when he purchased the building in the rear from G. S. Automotive it was his understanding that the variance was included and
asked that he be allowed to continue to rent said portion of the building to auto repair tenants. He said that his contracts with the tenant do not allow overnight parking or
storage. 22
22 Page 23 24
REGULAR CITY COMMISSION MEETING MINUTES APRIL 23, 2002
23
Commissioner Noland stated that she has not had any complaints regarding Mr. Schmalz and recommended approval.
Randy Gruer, tenant of Sunshine stated that he is a small business, auto repair, and would lease approximately 2,000 square feet of the building.

QUASI JUDICIAL HEARINGS -CONTINUED
Commissioner Noland recommended that if Mr. Schmalz sell the property in the future that the variance not be included with the purchase.

Bill Schmalz, II, stated that he owns lot 10 and due to the construction, the tenants Sunshine Storage are dumping in his dumpster, and expressed opposition to Mr.
Schmalz III tenants, Sunshine Storage, parking on his property.
Commissioner Noland said that she recommended that the applicant's request be approved due to his history of maintaining a clean facility and adhering to code.

MOTION was made by Commissioner Trinchitella, 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.

MOTION was made by Commissioner Noland and Seconded by Commissioner Gonot to approve 18. Roll Call: YEAS: Commissioner Gonot, Commissioner Noland,
Commissioner Trinchitella, Vice-Mayor Clarke-Reed and Mayor Capellini. NAYS: None
ITEM 19 TAPE 1, COUNT 3914
P. H. 2002/ 209: CASE NO. 1812 and CHANGE OF USE
Applicant: LANGUAGES INSTITUTE

COMMENTS: Proposal: Seeking a CONDITIONAL USE approval as provided for in Section 98-53 (c)( 3)( g) of the Deerfield Beach Land
Development Code to allow a private language school for adults in a B-1 zoning district; AND seeking CHANGE OF USE approval for said
operation to occupy space previously occupied by a business office (A Peace of Mind Cleaning). Location: Lots 16, 17, Block 12, more
particularly described in the file, located at 18 NE 2 nd Avenue.
Sylvia Pereirc, President, Languages Institute, stated that they teach Spanish and was originally located in the plaza on NE 2 nd Avenue, but moved. However, due to the
tragedy of September 11, 2001 they have had to downsize and is requesting a conditional use and change of use at 18 NE 2 nd Avenue. 23
23 Page 24 25
REGULAR CITY COMMISSION MEETING MINUTES APRIL 23, 2002
24
MOTION was made by Vice-Mayor Clarke-Reed and Seconded by Commissioner Trinchitella to close the public hearing. Roll Call: YEAS: Commissioner Gonot,
Commissioner Noland, Commissioner Trinchitella, Vice-Mayor Clarke-Reed and Mayor Capellini. NAYS: None.

QUASI JUDICIAL HEARINGS -CONTINUED
MOTION
was made by Commissioner Noland and Seconded by Commissioner Gonot to approve Item 19. YEAS: Commissioner Gonot, Commissioner Noland,
Commissioner Trinchitella, Vice-Mayor Clarke-Reed and Mayor Capellini. NAYS: None.

GENERAL ITEMS
ITEM 20 TAPE 1, COUNT 3982
Resolution 2002/ 048 -Information Systems Policies and Procedures Manual

COMMENTS: I. S. Department developed a policies and procedures manual to establish guidelines for employees as they relate to the
computer system, presentation by: Guy Buzzelli, I. S. Manager,
MOTION was made by Vice-Mayor Clarke-Reed and Seconded by Commissioner Noland to adopt Resolution No. 2002/ 048. Roll Call: YEAS: Commissioner Gonot,
Commissioner Noland, Commissioner Trinchitella, Vice-Mayor Clarke-Reed and Mayor Capellini. NAYS: None.

ITEM 21 TAPE 1, COUNT 4009
Memorandum from Boca Raton Airport Authority requesting the Commission to appoint members to serve on the Noise Compatibility
Committee (NCC)
COMMENTS: Memorandum from Boca Raton Airport Authority requesting the Commission to appoint two (2) members to serve on the Noise
Compatibility Committee (NCC), and a copy of bylaws for said committee.
Mayor Capellini stated that the Commission previously responded to the Boca Raton Airport Authority urging that that the City of Deerfield Beach have representation on the
voting board and not the advisory board. He further recommended that the Commission not appoint a representative to the Noise Compatibility Committee and instructed the
Administration to forward correspondence expressing the desire to serve on a voting board. 24
24 Page 25 26
REGULAR CITY COMMISSION MEETING MINUTES APRIL 23, 2002
25
It was the consensus of the Commission to direct the Administration to forward a letter to the Boca Raton Airport Authority requesting to serve on a voting board.
GENERAL ITEMS -CONTINUED
ITEM 22 TAPE 1, COUNT 4058
Consideration to schedule the Mid-Year Budget Review Workshop meeting.

COMMENTS: Commission to schedule six-month budget workshop..
Larry Deetjen, City Manager, stated that the deadline for the submission of the Fire Protection fee is May 5, 2002 and recommended that the workshop meeting be held
thereafter.
MOTION was made by Commissioner Noland and Seconded by Commissioner Gonot to schedule the Mid-Year Budget Review Workshop meeting date for May 14, 2002 at
6: 00 p. m.. Roll Call: YEAS: Commissioner Gonot, Commissioner Noland, Commissioner Trinchitella, Vice-Mayor Clarke-Reed and Mayor Capellini. NAYS: None.

ITEM 23 TAPE 1, COUNT 4129
Consideration to authorize Habitat for Humanity to take possession of property located at 259 SW 4 Street.

COMMENTS: BSO Code Enforcement is recommending Habitat for Humanity take possession of the property at 249 SW 4 Street, for the
purpose of constructing a home to service their clientele.
Vice Mayor Clarke-Reed stated that Habitat for Humanity has requested property from the City for the purpose of constructing a home to service their clientele and
recommended approval.
MOTION was made by Vice-Mayor Clarke-Reed and Seconded by Commissioner Noland to approve the request. Roll Call: YEAS: Commissioner Gonot, Commissioner
Noland, Commissioner Trinchitella, Vice-Mayor Clarke-Reed and Mayor Capellini. NAYS: None.

ITEM 24 TAPE 1, COUNT 4146 25
25 Page 26 27
REGULAR CITY COMMISSION MEETING MINUTES APRIL 23, 2002
26
Consideration to authorize Zion Evangelical Lutheran Church to hang banners on their recreational field fences.
COMMENTS: Zion Evangelical Lutheran Church is requesting to hang banners on their recreational field fences.
GENERAL ITEMS -CONTINUED
MOTION
was made by Commissioner Noland and Seconded by Vice-Mayor Clarke-Reed to approve the request. Roll Call: YEAS: Commissioner Gonot, Commissioner
Noland, Commissioner Trinchitella, Vice-Mayor Clarke-Reed and Mayor Capellini. NAYS: None.

ITEM 25 TAPE 1, COUNT 4164
Resolution 2002/ 049 -A Resolution reappointing board members to the Community Appearance Board and consideration of two (2) new
applicants requesting to serve on Board of Adjustment
COMMENTS: Reappointment of Jack Hugentugler, Brian Herbert and William Joseph Butte to the Community Appearance Board and
consideration of two new applicants to serve on the Board of Adjustment .
Commissioner Gonot stated that there are two new applicants for the Board of Adjustment and asked who recommended them.

Commissioner Noland stated that Karen Kaiser recommended Gail DeHaven for the Board of Adjustment, which she supports.
After further discussion, it was the consensus of the Commission to have the new members be appointed as alternate members and the alternate members as regular
member( s).
MOTION was made by Commissioner Noland and Seconded by Commissioner Gonot to adopt Resolution No. 2002/ 049. Roll Call: YEAS: Commissioner Gonot,
Commissioner Noland, Commissioner Trinchitella, Vice-Mayor Clarke-Reed and Mayor Capellini. NAYS: None.

ITEM 26 TAPE 1, COUNT 4165
Resolution 2002/ 050 -A Resolution re-appointing a board member to the Code Enforcement Board

COMMENTS: Reappointment of Andrew Pratt, Sr. to the Code Enforcement Board. 26
26 Page 27 28
REGULAR CITY COMMISSION MEETING MINUTES APRIL 23, 2002
27
This item was discussed under Item 25.
MOTION was made by Commissioner Noland and Seconded by Commissioner Gonot to adopt Resolution No. 2002/ 050. Roll Call: YEAS: Commissioner Gonot,
Commissioner Noland, Commissioner Trinchitella, Vice-Mayor Clarke-Reed and Mayor Capellini. NAYS: None.
GENERAL ITEMS -CONTINUED
ITEM 27 TAPE 1, COUNT 4168
Resolution 2002/ 051 -Confirming results of election to the Non-Uniformed Civil Service Board – Classified Service.

COMMENT: Resolution confirming the results of the election for the Non-Uniformed Civil Service Board – Classified Service.
This item was discussed under Item 25
MOTION was made by Commissioner Noland and Seconded by Commissioner Gonot to adopt Resolution No. 2002/ 051. Roll Call: YEAS: Commissioner Gonot,
Commissioner Noland, Commissioner Trinchitella, Vice-Mayor Clarke-Reed and Mayor Capellini. NAYS: None.

ITEM 28 TAPE 1, COUNT 4278
Review decision of Board of Adjustment – Case No. 1803, Mariangela Motta

COMMENTS: Commission to review the decision of the Board of Adjustment – Case No. 1803, Mariangela Motta, seeking a variance from
the provisions of Section 98-73 (1)( b)( 1) of the Deerfield Beach Land Development Code for the purpose of constructing a trellis with a side
setback of 1.67 feet.
MOTION was made by Commissioner Noland and Seconded by Commissioner Gonot to approved the decision of the Board of Adjustment – Case No. 1803. Roll Call: YEAS:
Commissioner Gonot, Commissioner Noland, Commissioner Trinchitella, Vice-Mayor Clarke-Reed and Mayor Capellini. NAYS: None.

MOTION was made by Commissioner Trinchitella Noland and Seconded by Commissioner Noland to add Item 28 to the agenda. Roll Call: YEAS: Commissioner
Gonot, Commissioner Noland, Commissioner Trinchitella, Vice-Mayor Clarke-Reed and Mayor Capellini. NAYS: None.

ITEM 28A TAPE 1, COUNT 3244 27
27 Page 28 29
REGULAR CITY COMMISSION MEETING MINUTES APRIL 23, 2002
28
Discussion a parking garage being constructed at the main beach parking lot.
COMMENTS: Discussion of constructing a parking garage at the main beach parking lot.
GENERAL ITEMS -CONTINUED
Mayor Capellini stated that under sworn testimony many have indicated a need and desire to have a parking remedy at the beach area, to include those that spoke at the
Beach Advisory Board (RAC) meeting. He said that it was suggested that a parking garage be constructed at the main beach-parking lot. Mayor Capellini said that Kim
Cornelius suggested a two or three story-parking garage to resolve the problem, which is what the City originally agreed to. He further suggested that the MOP garage be
discussed when appropriate.
Commissioner Trinchitella recommended that an item be placed on the agenda.
Mayor Capellini recommended the Administration obtain proposals from designed built firms to construct the garage with a time certain prior to the season. He further
recommended that it be built pursuant to current codes without commercial entity and variations or deviations.

MOTION was made by Commissioner Noland and Seconded by Commissioner Trinchitella to instruct the Administration to obtain proposals from designed built firms to
construct a garage on the main beach parking lot and report back to the Commission. Roll Call: YEAS: Commissioner Gonot, Commissioner Noland, Commissioner
Trinchitella, Vice-Mayor Clarke-Reed and Mayor Capellini. NAYS: None.

CONSENT AGENDA
ITEM 29 TAPE 1, COUNT 4296
Resolution 2002/ 052 -A Resolution to enter into an Agreement with Sun-Sentinel to provide various media and promotional services

COMMENTS: A Resolution to enter into an agreement with Sun-Sentinel to provide various media and promotional services.
ITEM 30 TAPE 1, COUNT 4298
Resolution 2002/ 053 -A Resolution authorizing the purchase of five (5) C02 monitors for the Lifepak Defibrillator Units for Fire Rescue
from Medtronic Physio-Control Corporation
28
28 Page 29 30
REGULAR CITY COMMISSION MEETING MINUTES APRIL 23, 2002
29
COMMENTS: Resolution authorizing the purchase of five (5) CO2 monitors for the Lifepak Defibrillator Units for Fire Rescue from Medtronic
Physio-Control Corporation, cost not to exceed $24,971.50.

CONSENT AGENDA – CONTINUED
ITEM 31 TAPE 1, COUNT 4300
Resolution 2002/ 054 -A Resolution authorization the City Manager to enter into a Site Lease Agreement with Nextel Communications,
Inc. for installation of a stealth light pole antenna at the Villages of Hillsboro parking lot.

COMMENTS: A Resolution authorization the City Manager to enter into a Lease Agreement with Nextel Communications for installation of a stealth
light pole antenna to be located at the Villages of Hillsboro parking lot.

ITEM 32 TAPE 1, COUNT 4310
Resolution 2002/ 055 -A Resolution authorization the purchase of one (1) 2002 Vac-Con sewer cleaning machine from Southern Sewer
Equipment Sales
COMMENTS: Resolution to authorize the purchase of one (1) 2002 Vac-Con sewer clean machine from Southern Sewer Equipment Sa4910les for

the Public Works Department, Street Maintenance Division, for a total cost of $179,932.00.

ITEM 33 TAPE 1, COUNT 4320
Ordinance 2002/ -An Ordinance amending Section 98-3 of the Land Development Code and Section 98-60 relating to Community
Facilities
COMMENTS: An Ordinance amending Section 98-3, of the Land Development Code, to clarify that university research and development

authority parks are allowed in the Community Facilities zoning district.
ITEM 34 TAPE 1, COUNT 4325
Ordinance 2002/ -An Ordinance creating a new section of the Code, adopting the provisions of the Convenience Business Security Act
29
29 Page 30 31
REGULAR CITY COMMISSION MEETING MINUTES APRIL 23, 2002
30
COMMENTS: An Ordinance adopting the provisions of the Convenience Business Security Act to allow local enforcement of the exact standards
that are established by the state.

CONSENT AGENDA – CONTINUED
ITEM 35 TAPE 1, COUNT 4330
Ordinance 2002/ -An Ordinance amending Ordinance 2001/ 011 providing for fees for emergency medical services.

COMMENTS: An Ordinance amending Ordinance 2001/ 011 providing for fees for emergency medical services for transport of patients by the City
shall be undertaken by advanced life support services (ALS) vehicles by increasing fees.

ITEM 36 TAPE 1, COUNT 4335
Ordinance 2002/ -Application 02-R-139 Laure De Mouawad to rezone a .55 acre parcel from B3 (General Business) to B1
(Community Business) at 101 SE 10 Street
COMMENTS: An Ordinance rezoning a .55 acre parcel from B3 (General Business) to B1 (Community Business) located at 101 SE 10 Street

ITEM 37 TAPE 1, COUNT 4332
Ordinance 2002/ -Application 02-R-136, City of Deerfield Beach, to rezone approximately 17 acres from interstate 95 right-of-way to
Community Facility at 1345 to 1601 SW 11 Way
COMMENTS: An Ordinance rezoning approximately 17 acres from Interstate 95 right-of-way to CF (Community Facility) located at 1345 to
1601 SW 11 Way.
ITEM 38 TAPE 1, COUNT 4338
Ordinance 2002/ -Application 02-A-154, Vona Investments, Inc. to vacate and abandon a portion of a utility easement at 411 S. Federal
Highway
COMMENTS: An Ordinance vacating and abandoning a portion of a utility easement, described as a .002-acre lot of Parcel 2 located at 411 S.
Federal Highway. 30
30 Page 31 32
REGULAR CITY COMMISSION MEETING MINUTES APRIL 23, 2002
31
ITEM 39 TAPE 1, COUNT 4340
Ordinance 2002/ -Application 02-A-153, Vona Investments, Inc. to vacate and abandon a portion of a 10-foot wide utility easement at
411 S. Federal Highway
CONSENT AGENDA – CONTINUED

COMMENTS: An Ordinance vacating and abandoning a portion of a 10-foot wide utility easement described as a .02 acre lot of Parcel 2 at 411 S.
Federal Highway.
ITEM 40 TAPE 1, COUNT 4344
Ordinance 2002/ -Application 02-A-152, Vona Investments, Inc. to vacate and abandon a portion of a 10-foot wide utility easement at
411 S. Federal Highway
COMMENTS: An Ordinance vacating and abandoning a portion of a 10-foot wide utility easement described as a .22 acre lot of Parcel 2 at 411 S.

Federal Highway.
ITEM 41 TAPE 1, COUNT 4341
Resolution 2002/ 056 -A Resolution to renew the Contract with The Mad Bomber Inc. for the Fourth of July Fireworks to Fireworks
Display.
COMMENTS: A Resolution to renew the Contract with The Mad Bomber Production for the 4 th of July fireworks, for the contract price of $25,000.

ITEM 42 TAPE 1, COUNT 4349
Resolution 2002/ 057 -A Resolution to enter into a Contract with Chaz Equipment Co., Inc. for drainage system replacement at SE 4 th
Avenue – SE 11 th Street to SE 10 Street
COMMENTS: A Resolution to enter into a Contract with Chaz Equipment Co., Inc. for drainage system replacement at SE 4 th Avenue – SE 11 th

Street to SE 10 Street, City Project 10989-P Phase II, for a cost of $59,296.00.

ITEM 43 TAPE 1, COUNT 4350 31
31 Page 32 33
REGULAR CITY COMMISSION MEETING MINUTES APRIL 23, 2002
32
Resolution 2002/ 058 -A Resolution enter into the First Amendment to the Agreement between Broward County for Roadway Utility
Improvements
COMMENTS: A Resolution to enter into the First Amendment to the Agreement with Broward County for the Roadway Utility Improvements in

the amount of $91,000.00.

CONSENT AGENDA – CONTINUED
ITEM 44 TAPE 1, COUNT 4351
Resolution 2002/ 059 -A Resolution to enter into a License Agreement with JM Family Enterprises, Inc. for the installation of
communication lines
COMMENTS: A Resolution authorizing the City Manager to enter into a License Agreement with JM Family Enterprises, Inc. for the installation of
communication lines (fiber optic conduits)
ITEM 45 TAPE 1, COUNT 4352
Resolution 2002/ 060 -A Resolution to enter into a Regional Road Concurrency Agreement with Broward County and the Florida Land
Holdings LLC -County Project
COMMENTS: Resolution for Regional Road Concurrency Agreement between Broward County and the Florida Land Holdings LLC to install
video detection equipment at the intersection of Hillsboro Boulevard and Military Trail for the sum of $25,000.

ITEM 46 TAPE 1, COUNT 4357
Resolution 2002/ 061 -Interlocal Agreement between Broward County and the City of Deerfield Beach for the Broward County
Borrow Area Wave Impact Study
COMMENTS: Consideration to enter into an agreement with Broward County for the Broward County Borrow Area Wave Impact Study.

Mayor Capellini said that this is the single most environmentally damaging issue that can happen to the City. He said that he and the Administration has been
communicating with the Corp of Engineers and Mindy Lange, Planner reviewed the draft Environmental Impact Statement and the final impact statement will be issued after the
public hearing has been held. Thereafter a record of decision would be submitted. He 32
32 Page 33 34
REGULAR CITY COMMISSION MEETING MINUTES APRIL 23, 2002
33
read a statement from the report, "The Environmental Impact Statement discusses vegetation, threatened and endangered species, hardbottom communities, fish and
wildlife, resources, air water quality, hazardous waste, noise, aesthetics and recreational resources, navigation, and historic concerns. Some adverse environmental
impacts would be unavoidable. Most, the hardbottom habitat and species in the borrow and fill sites will be lost. These areas should recover within one to three years after
construction. No environmental impacts are expected to last more than five years. The report and EIS do not address the potential changes characteristics affecting the
CONSENT AGENDA -CONTINUED
Deerfield Beach shoreline. Steve Higgins with the Biological Resource Division of Broward County Department of Planning Environmental Protection noted that a wave
refraction study was completed in 1998 assessing the impact of the borrow area on Deerfield Beach. According to Mr. Higgins this study should be on file with the City. "
Continuing, Mayor Capellini said that Mr. Higgins does not have a copy of said report nor has the City been able to locate such study.

Further, Mayor Capellini said that if the bottom slope is changed on any shoreline it would change the wave reaction that is propagated on the beach, which maybe
dangerous to the community during a hurricane or tropical stormm.
Larry Deetjen, City Manager, stated that the draft EIS is a 2,000-page however, Ms. Lange summarized the document. He said there will be construction equipment and
dredging on 108 acres of the City of Deerfield Beach shore, which will be transferred to Hollywood and Dania Beach and potentially could continue over the next 25 years. Mr.
Deetjen said that the City would have an independent study performed by ATM. He further stated that the County is proceeding with the project prior to the independent
study being performed, although the Commission will act on the Interlocal Agreement with Broward County for the Broward County Borrow Area Wave Impact Study tonight.

Vice Mayor Clarke-Reed said that there would be a meeting on Friday, April 26, 2002 regarding the Coastal Cities and urged other Commissioners to attend.
Commissioner Noland said that she will attend said meeting because they will also be discussing the Bed and Breakfast and the Bed tax that would be of interest to the City.
Mr. Deetjen further stated that there are 30 cities in Broward County and the City of Deerfield Beach pays the third greatest amount of revenue of which is not shared with
the City. He said that 2% of said revenue is used to fund the National Car Rental and the balance is allocated for advertisement County-wide, although the City does benefit
from the advertisement.
Mayor Capellini made available a copy of the CD to the public, he said that the document is 2,000 pages but only mentions Deerfield Beach regarding the borrow area.
He further stated that the City was removed from the Study in 1998 when it was 33
33 Page 34 35
REGULAR CITY COMMISSION MEETING MINUTES APRIL 23, 2002
34
discovered that the City of Deerfield Beach had the highest benefit cost ratio to renourishing the beach, which resulted to others on the priority list being moved up.
Angela Comotto, 208 Tilford J, Deerfield Beach, and Shirley Green, Deerfield Times requested copies of the CD, for the EIS.
In response to the Commission's question, Mr. Deetjen recommended that the Commission enter into the Interlocal Agreement with Broward County for the Broward
CONSENT AGENDA -CONTINUED

County Borrow Area Wave Impact Study. He said that the County would reimburse the City up to $26,000 for the study performed by ATM, an independent firm that performs
wave analysis.
Vice Mayor Clarke Reed recommended that the Commission enter into the Interlocal Agreement with Broward County and to also request from the County that the project
does not proceed until the independent study is completed.
MOTION was made by Vice-Mayor Clarke-Reed and Seconded by Commissioner Noland to adopt Resolution 2002/ 061 and to request that the County not proceed with
the project until the independent study is completed. Roll Call: YEAS: Commissioner Gonot, Commissioner Noland, Commissioner Trinchitella, Vice-Mayor Clarke-Reed and
Mayor Capellini. NAYS: None.
ITEM 47 TAPE 1, COUNT
Ordinance 2002/ -Consideration of ordinance to amend City Code Section 66-76 to add new Sections (a) (5) and (a) (6) to meter parking
areas within the City
COMMENTS: Commission to consider ordinance to amend City Code Section 66-76 to add new Sections (a) (5) and (a) (6) to meter parking
areas within the City.
ITEM 48 TAPE 1, COUNT
Resolution 2002/ 062 -A Resolution to enter into a License Agreement with Florida Land Holdings, LLC for the temporary
storage of new, unused waste management containers.
COMMENTS: A Resolution authorizing the City Manager to enter into a License Agreement with Florida Land Holdings, LLC, a Delaware Limited
Liability Company, as Trustee, under an unrecorded Trust Agreement dated as of June 7, 2001, know as the JMFE Land Trust, for the 34
34 Page 35 36
REGULAR CITY COMMISSION MEETING MINUTES APRIL 23, 2002
35
temporary storage of new, unused Waste Management containers at 700 NW 12 th Avenue.
There was no discussion on Items 29 –45 and 47 – 48.
MOTION was made by Commissioner Noland and Seconded by Commissioner Gonot to approved Items 29 –45 and 47 -48. Roll Call: YEAS: Commissioner Gonot,
Commissioner Noland, Commissioner Trinchitella, Vice-Mayor Clarke-Reed and Mayor Capellini. NAYS: None.

ADMINISTRATIVE ACTIONS AND CITY MANAGER COMMENTS
Larry Deetjen, City Manager – No Report.
City Attorney -No Report.
City Clerk
-No Report.
COMMENTS BY MAYOR AND COMMISSIONERS
Commissioner Gonot – Earth Day–
Commissioner Gonot commended the Community Services personnel for a great job on Earth Day at Constitution Park.

Traffic Calming for Northwest Sector -Commissioner Gonot stated that the traffic calming for the northwest sector first meeting will be held on April 24, 2002.
COMMENTS BY MAYOR AND COMMISSIONERS -CONTINUED
Commissioner Noland – Miami Hurricane Football Team
-Commissioner Noland encouraged all to attend the fundraiser event, University of Miami, football players
versus the Broward Sheriff's Office staff, on Saturday, April 27, 2002 at 4: 00 p. m. at the Deerfield Beach Middle School Sports Complex. She said that there would be many
activities for kids to enjoy also, and the main game begins at 7: 00 p. m.
Commissioner Trinchitella – Century Village Sewer Collection System. – Commissioner Trinchitella said that they are going to contact Beth Lionheart, Miami
Herald,
who has requested two outstanding bills from Century Village that has not been paid because he has not given up proof of sewer. He further advised that he would call
a mass protest of the residents of Century Village and demand that Beth Lionheart reports both sides of the story. Commissioner Trinchitella said he would make available
for public record that Century Village purchased the same jet rooter for $20,000 that the City purchase for $17,000 and a camera that cost them $10,000, a total cost of $30,000.

Continuing, Commissioner Trinchitella said that Master Management has agreed to pay $50,000, $5,000 per month, to clear up its sewers, which funds will come from their 35
35 Page 36 37
REGULAR CITY COMMISSION MEETING MINUTES APRIL 23, 2002
36
treasury. Also, Beth Lionheart should report the facts, as well as the Observer, Deerfield Times, and the Sun Sentinel and to report the mass protest of Century Village.
He further requested that the Commission review to determine the amount of money Century Village would have to pay. He said that the remainder of the City has water
delivered to them, their fee is based on what the City recommended. Additionally, he commented on the $262,000 that the City forwarded to Master Management in which
they paid in full at $10,000 per month, and requested that this amount be justified to $162,000 and indicated why they were overcharged with water. Also, he said that one
person has been discrediting Century Village, and defeated in every district in which she ran against him.

COMMENTS BY MAYOR AND COMMISSIONERS -CONTINUED
Commissioner Trinchitella said that he has forwarded correspondence to Robert Wexler, Clay Shaw, Alcee. Hasting and Peter Deutsch who is assisting them with
obtaining funding. He said that Becker and Poliakoff, counsel for Master Management is continuing to review this matter, which is why they have not paid the two outstanding
bills.
Mayor Capellini – Justification for $1.3 Million Federal Grant Application for Century Village Sewer Collection System -Mayor Capellini stated that while in
Washington, D. C., he, Commissioner Gonot, Vice Mayor Clarke-Reed and Larry Deetjen, City Manager visited the Congressmen offices regarding the Century Village
sewer collection system. He said in both the City and Consultant's opinion, this is an environmental concern for the public's health and safety.

Continuing, Mayor Capellini said that the City has submitted a request to the Federal Government for Justification for $1.3 Million Federal Grant Application for Century
Village Sewer Collection System, which he read, (see attachment). After further discussion, Mayor Capellini said that it is important for the health, safety and welfare of
the people and the degradation of the water supply as the sewer system seeps into the water. He said that it is also important to reserve that capacity, therefore, it is the City's
obligation to assist Century Village to find said funds.
Commissioner Trinchitella said that they have entered into a contract with United and will pay them $5,000 per month for 10 months, totaling $50,000, to repair the system.
Because if there is a breakage and the waste enter into a manhole, it is unsanitary; therefore, they must do what is necessary to assure the peoples safety. Nevertheless,
if a break should occur during the late night hours and the maintenance workers are unable to identify where to cut the valve off, and having approximately 10 or 20
buildings without water, they have no other option but to contact the City due to an emergency situation.

In addition, Commissioner Trinchitella said that the County had originally requested $125,000 to conduct the study for the project, however, they have contracted to pay
$50,000, with the equipment alone cosying approximately $30,000. In conclusion, 36
36 Page 37 38
REGULAR CITY COMMISSION MEETING MINUTES APRIL 23, 2002
37
Commissioner Trinchitella said that they could not allow the sewer system to remain in its present condition because there is approximately 16,000 citizens that are affected by
this condition. He further requested that the Administration review the records to determine how and when Century Village paid the City $10,000 a month over a two (2)
year period, totaling approximately $262,000 overage.
Mayor Capellini asked the Commission if it agreed with the letter of justification.
Andrew Maurodis, City Attorney, recommended that the Commission take action by a motion

COMMENTS BY MAYOR AND COMMISSIONERS -CONTINUED
MOTION
was made by Commissioner Noland and Seconded by Commissioner Trinchitella to support the justification for the $1.3 million Federal Grant Application for
Century Village Sewer Collection System. Roll Call: Roll Call: YEAS: Commissioner Gonot, Commissioner Noland, Commissioner Trinchitella, Vice Mayor Clarke-Reed and
Mayor Capellini. NAYS: None.
Vice-Mayor Clarke-Reed -– Vice-Mayor Clarke-Reed stated that on Monday and Tuesday, April 15 and 16, 2002, she attended the Municipal Early Childhood Institute for
the National Leagues of Cities and that the Northeast Focal Point Intergenerational Center was the topic of discussion with focus on their institute manual. She said that
she would meet with Jane Haffer and the School Advisory Committee to discuss and advise of possible funding for 0-3 years of age. She further recommended that an
overview is taken to identify the needs and the recertification of said program, "Welfare Work Act".

Continuing, Vice Mayor Clarke-Reed said many of the City's residents are not able to access the daycare that they need to transfer them from welfare to work.
Parking Space Size -Vice Mayor Clarke-Reed recommended that Gerald Ferguson, Director of Planning and Growth Management, review scernarios surrounding parking
issues, specifically space sizes. She further stated that the Commission should consider granting a combination of compact spaces and regular size parking spaces.

Mr. Ferguson stated that the County spaces are 9 feet wide and the compact spaces are 8 feet wide.
MOTION was made by Vice Mayor Clarke-Reed and Seconded by Commissioner Noland to direct Mr. Ferguson to report back to the Commission surrounding parking
issues, specifically space sizes. Roll Call: Roll Call: YEAS: Commissioner Gonot, Commissioner Noland, Commissioner Trinchitella, Vice Mayor Clarke-Reed and Mayor
Capellini. NAYS: None. 37
37 Page 38
REGULAR CITY COMMISSION MEETING MINUTES APRIL 23, 2002
38
PUBLIC TO BE HEARD
Angela -Angela Comotto, 208 Tilford J, Deerfield Beach, Florida, stated that she visited the beach on last evening and parked at NE 20 th Terrace and Ocean Way, the
south corner of Howard Johnson's, for approximately one-half hour. They went for a walk and returned and the area was flooded and asked where was the water coming
from out of the sewer?
Commissioner Noland replied that water is a result of Howard Johnson draining their pool.

ADJOURNMENT
There being no further business, the meeting was adjourned at 9: 35 p. m.

ALBERT R. CAPELLINI, P. E., MAYOR
ATTEST:
______________________________________ ADA GRAHAM-JOHNSON, CMC, CITY CLERK 38