CITY OF DEERFIELD BEACH
REGULAR CITY COMMISSION MEETING MINUTES
Tuesday, May 15, 2001 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 - Absent
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 Nathaniel Knowles, Emanuel Christian Center, followed by the Pledge of Allegiance to the flag.
TAPE
1. COUNT 198
APPROVAL
OF THE MINUTES
Regular
City Commission Meeting minutes – May 1, 2001
Special
City Commission Meeting minutes – April 25, 2001
MOTION
was made by Vice Mayor Noland and Seconded by Commissioner Clarke-Reed to
approve the Regular City Commission Meeting minutes of May 1, 2001 and Special
City Commission Meeting minutes of April 25, 2001 as submitted. Roll Call:
YEAS: Commissioner Clarke-Reed, Commissioner Gonot, Vice Mayor Noland and
Mayor Capellini. NAYS: None.
ACKNOWLEDGEMENT OF BOARD
MINUTES
Planning & Zoning Board -
April 5, 2001
Firefighters’ Pension Trust Fund
– March 29, 2001
Beautification Authority – April
23, 2001
Ad Hoc Energy Committee Meeting –
April 26, 2001
Board of Adjustment – March 22,
2001
School Advisory Board – March 22,
2001
There was no action taken on this
item.
PRESENTATION
Community Improvements Video
- The community video included highlights of The WIZ production and the
Goolsby Boulevard Water Treatment Plant Improvement Project., in addition to a
video highlighting improvements of the infrastructure of the City by using
state-of-the art technologies to repair existing sewer lines. By allowing
technicians to use video cameras to accurately review the pipelines from one
end of the street to the other.
Mayor Capellini stated that the
City has performed a number of infiltration studies throughout the City over
the years and when the rain water gets into the sewer system, the sewer water
is treated by the County and the City is charged for each gallon. Therefore,
this procedure would reduce the City’s cost for the treatment for wastewater
and also keep the lines from deteriorating.
Update on Washington D.C.
meeting - Mayor Capellini provided an update on the Washington D.C.
meetings he and Larry Deetjen, City Manager, and Darrick Green, Administrative
Assistant to City Manager, attended to include meetings with the Housing Urban
Development Agency, HUD, which entitles the City to Community Development Block
Grant (CDBG) funds and a Section 108 Loan to assist with the improvements of
the Hillsboro Boulevard Streetscaping; U.S. Postal Service regarding assigning
addresses to the residents that were annexed into the City of Deerfield Beach
from the Crystal Lake and Park Ridge Estate. He further stated that while
there the Postal Service Board of Governors met regarding the increase of
postage for classes of mail other than the regular mail to meet their $2
billion deficit. He said new post offices will not be built out west for the Crystal Lake and Independence Bay area but will be considered a West Deerfield Beach
address until things have improved financially.
In addition, Mayor Capellini
stated that they met with FEMA. He advised that the City has submitted a
$700,000 grant application to FEMA, and out of 19,000 applications submitted,
only 3,000 would be awarded. He said that the information submitted in the
City’s grant, such as protective mass and other appraises, may possibly allow
the City to be awarded one of the 3,000. He further stated that they also
discussed Project Impact, Community Mitigation Center, and met with the Urban
Land Use Institute to discuss the old City Hall district and the future plan.
PRESENTATION - CONTINUED
Further, Mayor Capellini
recognized the Mayor of Hillsboro Beach and Commissioner Connie Caloggero. He
said they met with Mr. Reese, an expert in Coastal Planning, who once worked
for the Army Corps of Engineers. Mr. Reese informed them of a report written
in 1996 by the Army Corps of Engineers, which was never published. However,
the report indicated that Deerfield Beach and Hillsboro Beach had the highest
benefit cost ratio of all the other communities in Broward County. He explained that there are several sectors, Deerfield Beach and Hillsboro Beach are in Sector 1, but unfortunately for unknown reasons, it was not included in the
Federal Government’s Re-nourishment Program. He said the value of
benefits for cost ratio is eight to one, and the dollar benefit in maintaining
the City’s beaches is valued at approximately $7 million.
Continuing, Mayor Capellini
stated the City of Deerfield Beach has one of the only beaches that does not
have a dramatic deterioration. He said the City of Deerfield Beach would
continue to join with Hillsboro Beach in reaching a solution with Broward County. He said if the Washington, D.C. trip was successful, the City would
benefit in receiving a couple million dollars between the HUD Grant and FEMA,
as well as receiving a West Deerfield Beach address.
“Make an Impact Week”, -
Mayor Capellini presented a proclamation proclaiming May 20-26, 2001 "Make
an Impact Week".
Women’s League of Hillsboro
Beach for their “China Moon” fundraiser - Mayor Capellini presented a
proclamation to the Women's League of Hillsboro Beach proclaiming May 15, 2001,
"Women's League of Hillsboro Beach's Special Recognition Day" for
their "China Moon" fundraiser to benefit N.E. Focal Point CASA Inc.
By raising over $135,000 to provide scholarships for low-income families for
the N.E. Focal Point's Intergenerational Child Care Center and Adult Day
Services Center as well as support the future expansion of the Center in
recognition of the Center's 20 years of service.
Chris Smith, President, of the
Women’s League of Hillsboro Beach presented a check to the City of Deerfield
Beach for their “China Moon” Fundraiser to benefit the N.E. Focal Point CASA,
Inc. for the amount of $138,419. She said that it was a pleasure to work with
the NE Focal Point CASA Inc.
“Civility” for the month of
May - Mayor Capellini read a proclamation proclaiming the month of May
"Pledge of Civility Month". And said that civility assist in
reaching consensus on diverse issues and allows for mutually respectful ongoing
relationships. And uplifts our daily life and makes it more pleasant to live
in an organized society. Also the City, County and Local Government Law
section of the Florida Bar urges the adoption of a pledge of civility by all
citizens in the State of Florida.
PRESENTATION - CONTINUED
Knights of Phthias and Phthian
Sisters - Mayor Capellini read a proclamation proclaiming May 24, 2001,
"Knights of Pythias and Pythian Sisters Day". The Order promotes
such philanthropical endeavors as summer camps for under privileged children;
homes for the aged; a contribution to hospitals; institutions and health projects.
As well as founding the National Rare Blood Bank; international support for
cerebral palsy, international support for Special Olympics; and the Ronald
MacDonald House; are a few of their special projects along with several other
worthy charities, which they support locally and internationally. On May 24,
2001, the Order of the Knights of Pythias and Pythia Sisters will hold their
Annual Florida State Convention at the Hilton in Deerfield Beach.
The WIZ Production -
Certificate of Congratulations - Commissioner Clarke-Reed presented
certificates of congratulations to the cast members of The WIZ production, held
on May 4 -5, 2001 at Deerfield Beach High School for their outstanding
performance. She said that the cast members included kids from the After
School Program at Westside Park and community members.
Glen Miller Unit 287 for
“Poppy Day” - Mayor Capellini read and presented a proclamation to
Bertha Reagin proclaiming May 26, 2001, as "Poppy Day". He
said that the American Legion Glen Miller Unit 287 is conducting a Poppy Drive
to help veterans that are hospitalized and needy, regardless of their race,
color or creed. And that the American Legion Glen Miller Unit 287 is a
dedicated group of volunteers that can meet the needs of people in a way that
government cannot serve.
Stand for Children Day -
Mayor Capellini read and presented a proclamation to Commissioner Clarke-Reed
proclaiming Sunday, June 3, 2001, as "Stand for Children Day".
Commissioner Clarke-Reed stated
that this proclamation would be displayed at the Riverwalk on Sunday, June 3,
2001 with the events that are taking place recognizing “Stand for Children
Day”.
National Public Works Week.
- Mayor Capellini read and presented a proclamation to Donald Freedland,
Public Works Director, proclaiming May 20-26, 2001 as "National Public
Works Week". He said this year’s theme “Proud to Care” is attributed to
positive improvements the Public Works employees have made in this community.
WRITTEN REQUEST TO ADDRESS
THE COMMISSION
Coral Manor Neighborhood
Traffic Calming Project - Matt Patten, Chair, Coral Manor Traffic Calming
Committee, addressed the Commission regarding the neighborhood traffic calming
project in the Coral Manor area. He said that the Commission approved the
forming of the Committee several months ago and they have met on numerous
occasions and requested the Commission’s approval to proceed with authorizing
the City’s traffic consultant, McMahon Associates, to conduct a traffic calming
survey. He
WRITTEN REQUEST TO
ADDRESS THE COMMISSION - CONTINUED
said the survey would assist them
in continuing their efforts in improving and safeguarding their
neighborhood. The Commission discussed this item under Item J-5 of the
agenda, which was taken out of order.
“Spirit of the Bucks”, Deerfield Beach High School
Band - Ms. Gravois, Band
Director, thanked the City for it’s support and encouragement for their trip
in allowing them to attend the American Musical Salute in Washington D.C. from
April 17-22, 2001. She said the Band made an 8 ft. thank you card, signed by
the Band members which is on display in the lobby of City Hall. She also gave
a special thanks to Vice Mayor Noland for a wonderful send off as well as the
Kiwanis Club, and the parents and students. A video was also shown of the Band
performing in Washington D.C.
Mayor Capellini stated that he and Commissioner Trinchitella had
previously indicated that they would assist the Band in raising funds to attend
this trip, however, due to circumstances, they have not been able to do so.
After further discussion, it was recommended that the Commission adopt
a resolution contributing $2,000 to the Deerfield Beach High School Band to
assist in paying their outstanding bills related to the Washington, D.C. trip.
Larry Deetjen, City Manager, recommended that the funds be taken from
the General Fund account.
Gary Lother, Fire Chief, pledged that the Kiwanis Club would match the
dollars contributed by that of the Rotary Club.
MOTION was made by Commissioner Gonot and Seconded by Vice
Mayor Noland to contribute $2,000 to
the Deerfield Beach High School Band to assist with their outstanding bills
related to the Washington, D.C. trip. Roll Call: YEAS: Commissioner Clarke-Reed, Commissioner Gonot, Vice Mayor Noland
and Mayor Capellini. NAYS: None.
“Beach Blowout” May 18th
and 19th. - Jim Mathie, Division Chief, Deerfield Beach Fire
Department, invited all to attend the Fourth Annual Beach Blowout on Friday and
Saturday, May 18th and 19th. He said that the Beach
Blowout would begin with Project Impact and building a disaster resistant
community to educate the public of the City’s emergency preparedness. He said
that this year’s event would also include the Firefighter’s Challenge as well
as other events. Chief Mathie also introduced Firefighter-Paramedic Samatha
Washington, who is on the award winning, Women Relay Team, No. 2 in the World.
In conclusion, Chief Mathie
stated that what began as the Southeast Regional Firefighters Challenge is now
becoming a world event with participants from Canada, Maine and Wisconsin. He
said that the proceeds would be contributed to the Community Emergency Response
Team (CERT), an extension to Fire Rescue Service.
WRITTEN REQUEST TO ADDRESS
THE COMMISSION - CONTINUED
Update of Jet Ski Accident of
Hollie Wilson McVicker’s daughter - Chief Mathie also provided an update
of Hollie Wilson, Firefighter-Paramedic’s daughter, Heather was involved in a
jet-ski accident on Friday, April 13, 2001, which was near drowning and
traumatic injury to her abdominal and chest areas. And following the accident,
a blood
drive was held for Heather following in which over 300
pints of blood was donated. He said Heather was in a comma up until this past
week but remains on a respirator and in intensive care. Chief Mathie solicits
the prayers of everyone for the McVicker’s family.
Mayor Maddox, City of
Tallahassee, Florida - Mayor Maddox stated that he is honored to visit the
City of Deerfield Beach not only as Mayor of the City of Tallahassee but as the
President of the Florida League of Cities. As president of the FLC he pledged
that he would visit every city in the State of Florida, which there are 405
cities, and has visited 200. He said that he has visited nine cities today in
Broward County and one of the first things he asked when visiting a city is how
the city is progressing. However, Mayor Maddox stated that he would not ask
these questions because he is very much aware of the City of Deerfield Beach
thanks to Commissioner Clark-Reed being the best cheerleader that the City
could have. He said that the City of Deerfield Beach is not only known
throughout the State of Florida, but throughout the Nation, with the National
League of Cities.
In conclusion, Mayor Maddox thanked
the City Commission for doing an outstanding job on behalf of the City of
Deerfield Beach citizens and the citizens of Florida. And extended an
invitation to assist the City in Tallahassee wherever possible.
F.
PUBLIC HEARINGS - CHANGE OF USE
Change of Use - Applicant is Top
Nails III
Located at 1604 S.E. 3rd
Ct. Proposed use is a Nail Salon, previous use: Merchant (Part of Ed’s
Hardware) P.H. 2001/062
ITEM F-2 TAPE
1, COUNT 4181
Change of Use - Applicant: Proad Visual Communications
Located at 188 N. Federal Hwy.
Proposed use is Merchant, previous use: Travel Bureau (American Vision Travel
and Tours) P.H. 2001/61
There was no discussion on Items F-1
and F-2.
PUBLIC HEARINGS - CHANGE
OF USE - CONTINUED
MOTION was made by Vice Mayor Noland and Seconded by
Commissioner Clarke-Reed to close public hearing. Roll Call: YEAS: Commissioner
Clarke-Reed, Commissioner Gonot, Vice Mayor
Noland and Mayor Capellini. NAYS: None.
MOTION was made by Vice Mayor Noland and Seconded by
Commissioner Clarke-Reed to approve Items F-1 and F-2. Roll Call: YEAS:
Commissioner Clarke-Reed, Commissioner
Gonot, Vice Mayor Noland and Mayor Capellini. NAYS: None.
G.
PUBLIC HEARINGS
ITEM G-1 TAPE 1. COUNT 4220
Ordinance
2001/009 – Creating a Teen Center Advisory Board
P.H. 2001/060
COMMENTS:
Ordinance creating a teen center.
MOTION was made by Vice Mayor Noland and Seconded by
Commissioner Gonot to close the public hearing. Roll Call: YEAS: Commissioner
Clarke-Reed, Commissioner Gonot, Vice Mayor
Noland and Mayor Capellini. NAYS: None.
Commissioner Clarke-Reed recommended that a teen be
appointed to the Teen Center Advisory Board.
Commissioner Gonot stated that
there is an ad hoc board that consist of teens that would participate with the
Teen Center Advisory Board.
Mayor Capellini recommended that
the Ordinance be amended stipulating that a teen be appointed to the Board.
MOTION was made by Vice Mayor Noland and Seconded by
Commissioner Gonot to amend the Ordinance to stipulate that a teen be appointed
to the Teen Center Advisory Board. Roll Call: YEAS: Commissioner Clarke-Reed, Commissioner Gonot, Vice Mayor Noland
and Mayor Capellini. NAYS: None.
ITEM G-2 TAPE
1, COUNT 4326
Ordinance
2001/008 - Amending Ordinance 2000/013 limiting construction hours P.H.
2001/ 040
COMMENTS: Proposed
Ordinance to amend Ordinance 2000/013 regarding construction activities on
weekends.
Mayor Capellini recommended that this item be tabled due to
Commissioner Trinchitella’s concerns who is absent tonight.
PUBLIC HEARINGS - CONTINUED
MOTION was made by Vice Mayor Noland and Seconded by
Commissioner Gonot to close the public hearing. Roll Call: YEAS: Commissioner
Clarke-Reed, Commissioner Gonot, Vice Mayor
Noland and Mayor Capellini. NAYS: None.
H. QUASI-JUDICIAL
HEARINGS
Mayor Capellini advised that
Items H-1 through H-6 are quasi-judicial hearings and anyone that would like to
speak on these items must be sworn in.
Andrew Maroudis, City Attorney,
placed under oath all individuals, including staff addressing the City
Commission in items H-1 through H-6.
ITEM H-1 TAPE 1, COUNT 4427
Review of
Decision of Board of Adjustment, Case No. 1763, Brian Doherty - P.H. 2001/053
COMMENTS: Seeking a
variance to allow construction of a swimming pool which will be located 6 feet
7 inches from the rear property line, rather than 7 feet 6 inches located at
4124 N.W. 1 Drive.
There was no discussion on this matter.
MOTION was made by Commissioner Clarke-Reed and Seconded by
Vice Mayor Noland to approve Item H-1, P.H. 2001/053. Roll Call: YEAS:
Commissioner Clarke-Reed, Commissioner
Gonot, Vice Mayor Noland and Mayor Capellini. NAYS: None.
ITEM H-2 TAPE
1, COUNT 4430
Sign Variance,
Case No. 569 – South Florida Business Journal - P.H. 2001/055
COMMENTS: Seeking a
variance to allow a building sign, which will not front on a right-of-way (on
west side of building) located at 1000 East Hillsboro Boulevard.
Gerald Ferguson, Director of Planning and Growth
Management, stated that the proposed sign would be displayed on the west side
of the Hillsboro Commons office building. He said that the sign would be
visible from Federal Highway but does not have frontage from Federal Highway.
He further stated that item H-3 is the same sign but signage would be placed on
the south side of the shopping center.
QUASI-JUDICIAL HEARINGS – CONTINUED
MOTION was made by Commissioner Clarke-Reed and Seconded by
Vice Mayor Noland to close the public hearing. Roll Call: YEAS: Commissioner
Clarke-Reed, Commissioner Gonot, Vice Mayor
Noland and Mayor Capellini. NAYS: None.
MOTION was made by Vice Mayor Noland and Seconded by
Commissioner Clarke-Reed to approve Item H-2, P.H. 2001/055. Roll Call: YEAS:
Commissioner Clarke-Reed, Commissioner
Gonot, Vice Mayor Noland and Mayor Capellini. NAYS: None.
ITEM H-3 TAPE
1, COUNT 4516
Sign Variance,
Case No. 570 – South Florida Business Journal - P.H. 2001/056
COMMENTS: Seeking a variance to
allow a building sign, which will not front on a right-of-way (on south side of
building) located at 1000 East Hillsboro Boulevard.
This
item was discussed under Item H-2.
MOTION was made by Vice Mayor Noland and Seconded by
Commissioner Clarke-Reed to close the public hearing. Roll Call: YEAS:
Commissioner Clarke-Reed, Commissioner
Gonot, Vice Mayor Noland and Mayor Capellini. NAYS: None.
MOTION was made by Vice Mayor Noland and Seconded by
Commissioner Clarke-Reed to approve Item H-3, P.H. 2001/056. Roll Call: YEAS:
Commissioner Clarke-Reed, Commissioner
Gonot, Vice Mayor Noland and Mayor Capellini. NAYS: None.
ITEM H-4 TAPE
1, COUNT 4559
Sign Variance Case No. 571 – Avian Kitchens - P.H. 2001/057
COMMENTS: Seeking a
Variance to change the face on existing freestanding sign which is
non-conforming due to size located at 1401 South Federal Highway.
Gerald Ferguson, Director of
Planning and Growth Management, stated that in conjunction with changing the
name of the restaurant the existing sign is 108 square feet in size. He said
that the Community Appearance Board has approved the proposed sign and it is
staff’s recommendation that all non-conforming signs in the City be brought
into conformance by January 5, 2004.
Tom Tracey, 1114 Little Harbor Drive, Deerfield Beach,
stated that the City has adopted an ordinance to help beautify the City and the
proposed sign is too large and requested that the new sign be made smaller to
stay within the existing phase of beautifying the City.
QUASI-JUDICIAL HEARINGS - CONTINUED
MOTION was made by Commissioner Clarke-Reed and Seconded by
Vice Mayor Noland to close the public hearing. Roll Call: YEAS: Commissioner
Clarke-Reed, Commissioner Gonot, Vice Mayor
Noland and Mayor Capellini. NAYS: None.
Mayor Capellini agreed with Mr. Tracey in that the City
has adopted an ordinance to bring all signs into conformance by January 5,
2004. And it was the Commission’s recommendation that when face changes on
signs are requested that they be brought into conformance.
Vice Mayor Noland stated that the
sign at this location was changed in July 2000 and recommended that it be
brought into conformance and to deny the request.
MOTION was made by Vice Mayor Noland and Seconded by
Commissioner Gonot to deny the request. Roll Call: YEAS: Commissioner Clarke-Reed, Commissioner Gonot, Vice Mayor Noland
and Mayor Capellini. NAYS: None. (Denied by a 4-0 vote)
ITEM H-5 TAPE
1, COUNT 4868
Sign Variance
Case No. 572 – Lucky’s Antique Gallery (P.H. 2001/058)
COMMENTS: Seeking a
variance to allow 2 additional building signs (for a total of 3) located at
3212 West Hillsboro Boulevard.
Gerald Ferguson, Director of Planning and Growth Management, stated
that the applicant is requesting to allow a total of three building signs added
together to display the official name of the business “Lucky’s Designer
Furnishings and Fine Antiques”. The signs combined would not exceed the
square footage which would be allowed if the signs were designed as one (100
square feet). Also, the Community Appearance Board has approved the sign and
staff has no objection.
MOTION was made by Commissioner Clarke-Reed and Seconded by
Vice Mayor Noland to close the public hearing. Roll Call: YEAS: Commissioner
Clarke-Reed, Commissioner Gonot, Vice Mayor
Noland and Mayor Capellini. NAYS: None.
Mayor Capellini stated that the Commission just denied a request for a
non-conforming sign; however, it is approving this applicant’s request.
Vice Mayor Noland clarified that the previous request was for a
free-standing sign and this request is for signage on the building.
MOTION was made by Commissioner Gonot and Seconded by Vice
Mayor Noland to approve H-5, P.H. 2001/058. Roll Call: YEAS: Commissioner
Clarke-Reed, Commissioner Gonot, Vice Mayor
Noland and Mayor Capellini. NAYS: None.
QUASI-JUDICIAL HEARINGS - CONTINUED
ITEM H-6 TAPE
1, COUNT 5131
Sign Variance
Case No. 573 – Lucky’s Antique Gallery- P.H. 2001/059
COMMENTS: Seeking a
variance to allow a face change on an existing freestanding sign which is
non-conforming due to size and height located at 3212 West Hillsboro Boulevard.
Gerald Ferguson, Director of Planning and Growth
Management, stated that the applicant is requesting to change the face on an
existing structure to the wording of the new business, “Lucky’s Designer
Furnishings and Fine Antiques”. He said that the request has been approved by
the Community Appearance Board on the basis of the applicant stating that the
sign will be changed to conform with the current code by the January 5, 2004,
deadline. Mr. Ferguson recommended, that the sign be changed to conform to the
current code now.
Stewart E. Kaufman, applicant,
stated that they will conform to the Ordinance and meet the deadline of January
5, 2004. He said that they are a new business just starting and currently they
do not have a name on the sign. He further stated that they have submitted a
hardship letter and would like the opportunity to become known in the area
prior to the sign being destroyed. Mr. Kaufman stated that there is no sign on
the building at this time.
Tom Tracey, 1114 Little Harbor Drive, suggested that the
City conform to the existing Code in that the sign be made smaller to help
beautify the City. And said that the signage on the building would be well
seen from the street therefore, urged the Commission to comply with the Ordinance
and required that the applicant place a smaller free-standing signage for
advertisement of the business.
MOTION was made by Commissioner Clarke-Reed and Seconded by
Vice Mayor Noland to close the public hearing. Roll Call: YEAS: Commissioner
Clarke-Reed, Commissioner Gonot, Vice Mayor
Noland and Mayor Capellini. NAYS: None.
Mr. Kaufman stated that they
would like the opportunity to become established in the community prior to the
large freestanding sign being removed. He said that they have made a great
commitment in cost and purchasing and renovating the building, as well as
stocking the merchandise. He said that they should not be penalized for
attempting to establish a business when the City’s existing ordinance remains
in compliance for the next three years. Furthermore, they are a business and
located in a commercial area and requested that they be allowed to compete with
the other business signs that currently exist in the area until the January 5,
2004 deadline.
QUASI-JUDICIAL HEARINGS -
CONTINUED
Vice Mayor Noland stated that
existing businesses must comply to the signage code by January 5, 2004,
however, new businesses are required to conform when said business is
established in the City.
Mayor Capellini stated that the
City has been working on this ordinance for approximately 12 years and that
there have been many businesses throughout the City that were required to place
monument signs which is required by the Ordinance. Therefore, Mr. Stewart’s
business is not the first to have to conform to the existing Ordinance. He
said that the Ordinance was adopted approximately ten years ago, and becomes
mandatory January 5, 2004.
After further discussion, it was
the consensus of the Commission to deny the request.
In response to Mayor Capellini’s
question, Mr. Ferguson replied that there is a temporary freestanding sign that
was approved by the Community Appearance Board, which is provided by the Code
for new businesses. He said that temporary signage is in effect until the Commission
acts on the application. He further stated that he is not certain of the time
requirements for temporary signage.
MOTION was made by Commissioner Gonot and Seconded by Vice
Mayor Noland to deny the request. Roll Call: YEAS: Commissioner Clarke-Reed, Commissioner Gonot, Vice Mayor Noland
and Mayor Capellini. NAYS: None. (Denied by 4-0 vote)
I.
GENERAL ITEMS
ITEM
I-1 TAPE 1, COUNT 6232
Solid Waste Rate
Increase
COMMENTS: First
reading of Solid Waste Rate Increase
There
was no discussion on this item.
This item was tabled.
ITEM
1-2 TAPE 1, COUNT 6307
Sidewalk along the east side of SE 1st Way,
just north of SE 10 Street
COMMENTS: Motion by
Commission to notify the Selkirk Construction Company to install a sidewalk
installed or have the City of Deerfield Beach to install and charge the company
at an estimated cost of $2,000.
GENERAL ITEMS – CONTINUED
Larry Deetjen, City Manager, stated the proposal is to construct a
sidewalk along the east side of SE 1st Way, north of SE 10th
Street to have a continuous sidewalk which is in accordance with the
Commission’s policy. The owners would first be notified that the Commission has
approved to have the sidewalk installed and what the City’s estimated cost
would be to construct the sidewalk. And if the builder does not proceed in
constructing the sidewalk, the City would construct it and bill the owners.
MOTION was made by Commissioner Clarke-Reed and Seconded by
Vice Mayor Noland to approve I-2. Roll Call: YEAS: Commissioner Clarke-Reed, Commissioner Gonot, Vice Mayor Noland
and Mayor Capellini. NAYS: None.
ITEM 1-3 TAPE
1, COUNT 6400
EMS
Transportation Fee Schedule – Rate Increase
COMMENTS: Presented
by Fire Chief Gary Lother, recommends adjusting EMS billing rates to $480.00.
Mayor Capellini stated that the
rate increase is not a cost to the taxpayers but is paid through Medicaid and
Medicare.
Andrew Maroudis, City Attorney,
recommended that the Ordinance be amended to include that the non-specialized
services would be $350 and a category, ALS !!, Specialize Service $480.00 would
be added. Also, adding a category, BLS Service $350.00, which was recommended
by Gary Lother, Fire Chief.
Gary Lother, Fire Chief, also recommended that a $7.00
per mile transport fee be added as well.
MOTION was made by Vice Mayor Noland and Seconded by
Commissioner Clarke-Reed to approve I-3 as amended on First Reading and to set
a public hearing. Roll Call: YEAS: Commissioner Clarke-Reed, Commissioner Gonot, Vice Mayor Noland and Mayor Capellini.
NAYS: None.
ITEM 1-4 TAPE
1, COUNT 6516
Request for
waiver of sidewalk requirement by Gregory Mire for Centex Homes
COMMENTS: Tabled
from May 1, 2001 City Commission meeting. Section 98-19 (19) of the Land
Development Code requires that sidewalks be constructed along both sides of all
streets. The same section also provides “The City Commission may waive sidewalk
requirements where no need is demonstrated for the sidewalk.”
GENERAL ITEMS - CONTINUED
Greg Mire, Craig A. Smith and Associates, 1000 West McNab Road, Pompano
Beach, Florida, represented the applicant Centex Homes, stated that this item
was tabled at a previous City Commission meeting. And they are attempting to
wave a sidewalk requirement to construct a sidewalk along a portion of the
south side of SW 10th Street from the entrance of Waterways west to
the Florida Turnpike. He said that there are letters from the Turnpike
Authority opposing the request stating that it creates a dangerous situation
where people end up walking to the Turnpike although pedestrians are not
allowed. In addition, Anthony Viola, City Engineer has submitted
correspondence agreeing with the Florida Turnpike Authority. Therefore, he
requested that the waiver be granted.
Mr. Mire further stated that as a condition of waiving the request,
they spoke with Larry Deetjen, City Manager, and it was agreed that Centex
would enter into an agreement in a joint venture to construct a sidewalk on
the north side. However, at the May 1, 2001, City Commission meeting, the City
Manager stated that there was a bond for the traffic signal at the intersection
which was released, and after researching said matter found that this was
accurate. He said that he spoke with several individuals in various branches
of government and no one is certain who installed the original light, and as a
result the Bond was released.
Larry Deetjen, City Manager, recommended that the item be tabled. He
said that he spoke with the applicant, Centex Homes, and explained that he was
not certain why the Bond was released but the sum of the Bond was $99,000.
And the cost to install the two traffic signals would be $266,000 and the State
is only pledging $166,000, which would leave the City with a $100,000 balance.
Mr. Deetjen further stated that temporary lights have been installed at
Independence Bay and Waterways, however, they are only temporary and to
expedite the project the Commission approved last fall to hire McMahon and
Associates to conduct a traffic study. He said a few weeks ago, the City
Engineer informed him that the State would only provide a certain amount of
dollars towards this project, and said that it is his opinion that Centex
should be responsible for $99,000, the amount of the Bond. Therefore, he urged
that the Commission table the item.
Thereafter, Mr. Mire’s gave a brief history of the original plat and
traffic signal, as well as the Bond.
After further discussion amongst the Commission, it was the consensus
of the Commission to table the item.
MOTION was made by Vice Mayor Noland and Seconded by
Commissioner Gonot to table Item I-4. Roll Call: YEAS: Commissioner Clarke-Reed, Commissioner Gonot, Vice Mayor Noland
and Mayor Capellini. NAYS: None.
J. CONSENT
AGENDA
ITEM
J-1 TAPE 2, 369
Resolution
2001/ - Agreement with Coca-Cola Company and Coca-Cola Enterprises, Inc.
COMMENTS: Resolution
entering into an advertising agreement with Coca-Cola Company and Coca-Cola
Enterprises, Inc.
Andy Maroudis,
City Attorney, requested that Item J-1 be stricken.
ITEM J-2 TAPE
2, 394
Resolution
2001/070 - Contract with Johnson-Davis, Inc. for city project
COMMENTS: Resolution
to enter into contract with Johnson-Davis, Inc. for Project No. 11032 – P, for
S.E. 7 Court drainage improvements – S.E. 12 Avenue to S.E. 15 Avenue for the
contract price of $44,500.00.
ITEM J-3 TAPE
2, 398
Resolution
2001/071 - Resolution appointing member to Civil Service Board – Fire
Department
COMMENTS: William
Ludwig to be appointed as regular member to Civil Service Board-Fire
Department, requested by Vice Mayor Noland.
ITEM J-4 TAPE
2, 402
Resolution
2001/072- Appoint members to Code Enforcement Board
COMMENTS:
Appointment of Code Enforcement Board Members, Winnie Frazer as a regular
member and Chris Higgins as an alternate member.
ITEM J-5 TAPE
1, 2680
Consideration of
the continuing contract for traffic calming services with McMahon Associates
COMMENTS:
Continuance of contract for traffic calming services with McMahon Associates.
Agreement not to exceed $17,300.00.
CONSENT AGENDA – CONTINUED
MOTION was made by Vice Mayor Noland and Seconded by
Commissioner Clarke-Reed to approve Item J-5. Roll Call: YEAS: Commissioner
Clarke-Reed, Commissioner Gonot, Vice Mayor
Noland and Mayor Capellini. NAYS: None.
ITEM J-6 TAPE
2,
Ordinance 2001/ - and set 1st
public hearing date;
Resolution
2001/073 – Local Housing Assistant Plan for FY 2001-2004, presented by Darrick
Green, Administrative Assistant to City Manager.
COMMENTS: Submittal
of Local Housing Assistant Plan for Fiscal Year 2001-2004 (SHIP Program)
There was no discussion on Items J-2 through J-4 and J-6.
MOTION was made by Commissioner Clarke-Reed and Seconded by
Vice Mayor Noland to approve Items J-2 – J4 and J-6. Roll Call: YEAS:
Commissioner Clarke-Reed, Commissioner
Gonot, Vice Mayor Noland and Mayor Capellini. NAYS: None.
ADMINISTRATIVE ACTIONS AND CITY MANAGER COMMENTS
City Manager –
Representative Mark Weissman to meet with Commission - Annexation -
Larry Deetjen, City Manager, stated that Representative Weissman wanted to meet
with all of the Commissioners regarding the annexation, and Commissioner Steve
Gonot will not be available, so he asked if it is possible to meet on May 29th?
Vice Mayor Noland said that would not suit her schedule. The Legislature has an
early session and probably will have committee meetings in August. Since the
Commission doesn’t meet in July it is necessary to commit to a date before July
to meet with him.
Mayor Capellini stated that he
felt everyone has the same feelings for the annexation issues, and Commission
Gonot would have to put his faith in his fellow Commissioners. The City of
Deerfield Beach cannot afford to take in anymore communities.
Commissioner Clarke-Reed stated
she thought that the delegation should have a meeting and iron out some issues
before they began asking cities to start annexing again.
Commissioner Gonot said he agreed
and would not support any annexation. He thinks the proposal is to annex the
area north of Sample to Deerfield Beach, and if that is the proposal, he hopes
that will include the landfill area as well.
ADMINISTRATIVE ACTIONS AND CITY MANAGER COMMENTS-CONTINUED
Mayor Capellini stated that would
be a County issue not a State issue. Unless there are enough funds given to
Deerfield Beach to make the infrastructure improvements that are needed,
Deerfield Beach will not accept any further annexation. The City did a study
and also hired professional consultants, and based on that information, it is
not beneficial to have more land annexed into the area unless there is a tax
increase. He further stated that if there were any drastic changes to be made
the Commission would wait until Commissioner Gonot was back in town before
making a decision.
Commissioner Gonot agreed that
was a fair plan.
City Attorney - No
Report.
COMMENTS BY MAYOR AND COMMISSIONERS
Commissioner Clarke-Reed - Flyers regarding the City’s
Water – Commissioner
Clarke-Reed stated that there was a flyer distributed throughout the City to
day advising residents that there was something wrong with the water. She
stated that this is inaccurate, and nothing is wrong with the City’s water or
the Broward County Health Department and requested that the residents disregard
the flyer. She further stated that the flyer was possibly a promotion for a
business selling water filters.
Mayor Capellini stated that the City’s water meets all
the Federal and future standards and there is no reason to spend the money that
is indicated in the flyers.
Dixie Highway Redevelopment
Workshop Meeting - Commissioner Clarke-Reed announced that there will
be a Workshop meeting regarding the Dixie Highway Redevelopment Project on
Tuesday, May 22, 2001, at 6:30 p.m. to 9:00 p.m. at Westside Park Recreation
Center. She said that all interested parties are urged to attend the meeting
to see what is being proposed for the Dixie Highway corridor.
Commissioner Gonot – Status
regarding Traffic Calming – NW Section of the City
Commissioner Gonot requested an
update on the traffic claming for the northwest section of the City.
Larry Deetjen, City Manager,
stated that it was the Administration and Staff’s intention to proceed with the
Coral Manors traffic calming area. However, he would be happy to meet with the
community organizers regarding the traffic claming for the northwest section of
the City.
Rapid Roll-Off -
Commissioner Gonot stated that Rapid Roll-Off has cleaned up the area recently
and asked if any further attempts have been made with Planning and Growth
Management to clear up the outstanding issues.
COMMENTS BY MAYOR AND COMMISSIONERS- CONTINUED
Gerald Ferguson, Director of
Planning and Growth Management, stated that he spoke with the owner today and
advised that they are planning to address the Commission at one of their June
meetings.
Commissioner Gonot recommended
that they address the Commission at their June 5, 2001 meeting.
Absent from the June 19,
2001 City Commission Meeting - Commissioner Gonot stated that he will
not be able to attend the June 19, 2001 City Commission Meeting as he would be
out of town on business.
Friends of the Arboretum - Commissioner Gonot stated that the Friends of the
Arboretum held their tree sale and it was well attended and thanked all for
their support.
Fire Rescue -
Commissioner Gonot commended and thanked Gary Lother, Fire Chief, and Doug
Watler, President of the Deerfield Beach Firefighters and Paramedic Local Union
1673, for the great service the men and women provide. He said that his family
had to call upon fire rescue over the weekend and thanked them on behalf of his
family.
Commissioner Trinchitella
- Absent.
Vice Mayor Noland - Special Permit for Beach Blowout
Parking - Vice Mayor
Noland stated that a special events permit would be pulled for the Beach
Blowout this weekend and Memorial Day weekend for the parking on the beach. She
further encouraged all to attend the Beach Blowout this weekend for an
education on hurricane preparedness.
Mayor Capellini -
Appointment to the Planning and Zoning Board - Mayor Capellini
recommended that William Derian be appointed as an alternate member to the
Planning and Zoning Board.
MOTION was made by Commissioner Gonot and Seconded by Vice
Mayor Noland to appoint William Derian as alternate member to the Planning and
Zoning Board. Roll Call: YEAS:
Commissioner Clarke-Reed, Commissioner
Gonot, Vice Mayor Noland and Mayor Capellini. NAYS: None.
PUBLIC TO BE HEARD
James McGeary, 1422 S.E. 6
Street, commented on the May 10, 2001 Deerfield Beach Observer article
concerning the negotiations with the Firefighter’s Union and their position on
changing one of the factors from three to four percent. That one percent
difference reflects thirty-three percent variation in the formula for pension
consideration. Their trade-off is only for two years, but this actuarial
projection is going to be for a long
PUBLIC TO BE HEARD - CONTINUED
period of time. When a group of
people such as this does not get a raise for two years, and it deprives some of
the younger people of a raise, the third year of re-negotiation is
going to be catch up time. And
asked that the Commission bear in mind the actuarial report is only an
estimate, and estimates should be interpreted as a non-exact science. The other
article of concern was the potential conflict of interest, specifically Vice
Mayor Noland, which suggested she should suspend her participation. And asked
if that has been or will be done?
Andrew Maurodis, City Attorney,
answered he had similar concerns eight years prior during bargaining
negotiations and after checking with the Ethics Commission found that it is
not a problem nor is it a legal issue.
Mayor Capellini addressed Mr.
McGearys concerns by advising that the City has been in various contract negotiations
for the past eight years, and are very much aware of the actuarial factors
involved, and rather than do the calculations an Actuary is assigned to the
City to supply the precise numbers. Every consideration will be made on every
mathematical factor and a decision will be made based on what is best for the
City.
Kim Yarnell, 233 S.E. 21 Avenue,
a member of the “Original Save Our Beach Committee”, distributed a letter to
the Commission that she had written and addressed to Mayor Capellini, which she
understood had never been received. The Committee is offering their support for
saving the sand off the shores of Deerfield Beach.
Mayor Capellini welcomed their
help and invited Ms. Yarnell to attend the discussions with Hillsboro Beach,
and the consultants, (who are to be hired and paid for by the County) to
address the issue of the sand. Mr. Reese, the Consultant, worked for the Army
Corps of Engineers and has a tremendous amount of coastal planning experience.
He produced a report written in 1996, which was never published. And in that
report it demonstrated conclusively that the best placed money, for beach
re-nourishment, would be in Deerfield Beach and Hillsboro Beach. The question
then, is why would Deerfield Beach have been left out of the County’s plan and
omitted in the congressional re-funding. The benefits of maintaining Deerfield
Beach is around seven million dollars, compared to Hallandale which is
somewhere around two hundred thousand dollars. The money is definitely better
placed in Deerfield Beach. To answer Ms. Yarnell’s question, approximately
three million cubic yards of sand are planned to be removed, but the time
frame is still undecided as they do not yet have the funding. The Broward
County beach re-nourishment was broken down into three sections, Deerfield
Beach and Hillsboro Beach made up Section 1, Pompano Beach and Ft. Lauderdale
was Section 2, and the 3rd Section was south of Ft. Lauderdale. Section 1 was
left out of the re-nourishment plan and the reason is not clear.
Beaulah Hill, SW 10 Avenue,
regarding the lighting issue with FPL, which was tabled from the previous
Commission meeting until there had been a chance to meet with FPL.
PUBLIC TO BE HEARD - CONTINUED
Larry Deetjen, City Manager, a
meeting was planned with FPL, and personnel from the School Board, and City
Staff. Ms. Hill claims that no one from FPL or the School Board
attended the meeting. Mr. Deetjen
spoke with Mr. Newbold, representing FPL, but has not spoken with anyone from
the School Board. However, Mr. Newbold reported that FPL is looking into the
additional cost of having a light.
Ms. Hill is concerned with FPL
and would like to know something specific. And asked when Mr. Deetjen expects
to have an answer from FPL. Also she was under the impression that FPL had
conducted a survey and would like to know if the City Manager knows anything
about said survey.
Commissioner Clarke-Reed replied
that she was not sure if that was FPL doing the survey
Mr. Deetjen said that it may well
have been FPL in the area and there may be some problems dealing with lights
and poles that would be located in the rear yard rather than in the street
right-of-way. A month ago FPL had used this as a concern for not moving quickly
on this issue. He further stated that as soon as he had an answer from FPL,
specifically Mr. Newbold, he would advise Ms. Hill of the outcome.
Doug Watler, 209 Shady Vista
Lane, President of the Local 1673 Union, reported that the negotiation session
for the Firefighters went well.
Larry Deetjen disagreed with Mr.
Watler. He claimed nothing was resolved at the session with regard to solving
the Fire Inspector issue. Commissioner Trinchitella had made a suggestion to
hire a part time inspector which was approved by a 4-1 vote by the Commission
and included in the budget. However, due to disagreements with the Union this
has not been accomplished.
Commissioner Clarke-Reed asked
why the inspectors have not been hired and it is almost the end of the budget
year.
Mr. Deetjen explained that the
City Attorney has informed the Commission, as well as the Manager and Fire
Chief, that the City cannot unilaterally pursue the hiring of an inspector
without first bargaining with Local 1673.
Commissioner Clark-Reed asked why
if the decision was made and voted on by the Commission to hire part time
inspectors, it has not been allowed thus far?
Mr. Deetjen said that management
is reporting that they have been bargaining in good faith but have not been
able to reach an agreement. In such a situation an impasse would be declared
and an arbitrator would intervene. Of course it would be desirable to come to
terms with Local 1673 rather than hire an arbitrator. In answer to Commissioner
PUBLIC TO BE HEARD - CONTINUED
Clarke-Reed’s question he would
prefer to hire off duty Deerfield Beach Firefighters which is legal.
Gary Lother, Fire Chief, advised
that under the Fair Labor Standard Act you can only hire the Deerfield Beach
Firefighters if you agree to pay them time and a half, unless it is negotiated.
Commissioner Clarke-Reed added
that it would be more expensive to hire an arbitrator
than it would be to hire two
part-timers, and asked why not hire one full time person?
Mr. Deetjen replied that it was
concluded that the City would get better service and flexibility from two part
timers than from one full time person. Broward County is the only county in
the state of Florida that has to have inspections done by firefighters. There
is a supply of trained workers who could do the inspections and the City is being
prevented from having this accomplished.
Commissioner Gonot added that he
is concerned that all negotiations are completed before the Commission breaks
for the summer.
Mayor Capellini suggested that
the City Attorney should further investigate the Fair Labor Standard Act to
determine if the City has other alternatives.
Commissioner Clarke-Reed asked
what the hourly rate would be for a firefighter, should we pay them time and a
half. And was answered by Chief Lother that it would be approximately $35 per
hour for a certified firefighter. That would be opposed to paying a part time
person $23 per hour. A full time inspector would cost the City approximatley
$85,000 per year.
Mayor Capellini suggested that
Chief Lother further investigate hiring from the outside. And asked if he knew
of any other cities that practiced this at which Chief Lother answered that
Coral Springs does. He further added that this matter needs to be resolved
immediately one way or the other.
Vice Mayor Noland reminded the
Commission that she had brought this up at the last Commission meeting and is
concerned about the safety issues.
Chief Lother, in answer to the
Mayor’s question, said hiring a full time inspector would not be covered by the
revenue generated from the income of the inspections.
Vice Mayor Noland asked if there
had been any recent comparison to see if the City of Deerfield Beach’s fee for
the inspections are in line with what the other cities are charging.
PUBLIC TO BE HEARD - CONTINUED
Doug Watler on behalf of Local
1673 stated he thought there would have been resolutions by now as well. The
Union is attempting to play fair, are negotiating in good faith, but things
seem to be changing on the hour.
MOTION was made by Vice
Mayor Noland and Seconded by Commissioner Gonot to close the public meeting.
Roll Call: YEAS: Commissioner Clarke-Reed, Commissioner Gonot, Vice Mayor
Noland and Mayor Capellini. NAYS: None.
Commissioner Gonot commented that
every effort should be made to get the negotiations moving so the issue can be
resolved.
Commissioner Clarke-Reed said
that the salaries for the two part time people have been sitting in the budget
waiting to be used until someone was hired. Why not go ahead and hire a full
time person temporarily until the new budget year, or the issue is resolved.
And was answered by Mr. Deetjen that he would not advise it. The Commission, on
a four-to-one vote, had agreed to hire two part time people, in which this has
not been accomplished and is deeply disappointed.
Vice Mayor Noland requested that
there be an inquiry as to how much other cities are charging for their
inspections.
The Commission continued their
discussion on the negotiations with Local 1673 regarding hiring two part time
people for fire inspections.
It was the consensus of the
Commission to hire two part time firefighters, pay them time and a half until
the budget or negotiations have been completed.
ADJOURNMENT
There being no further business, the meeting was
adjourned at 9:55 p.m.
ALBERT R.
CAPELLINI, P.E., MAYOR
ATTEST:
______________________________________
ADA GRAHAM-JOHNSON, CMC, CITY
CLERK