CITY OF DEERFIELD BEACH
REGULAR CITY COMMISSION MEETING MINUTES
Tuesday, April 5, 2005 at
7:00 P.M.
The meeting was called to order at 7:00 p.m. by Vice
Mayor Gonot on the above date in the City Commission Chamber, City Hall.
Roll Call:
Present:
Commissioner Pam Militello
Commissioner Sylvia Poitier
Commissioner Martin Popelsky
Vice Mayor Steve Gonot
Mayor Albert Capellini, P.E. - Absent
Also Present:: Larry Deetjen, City Manager
Andy
Maurodis, City Attorney
Ada Graham-Johnson, CMC, City Clerk
INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation was offered by
Pastor Tony Guadagnino, Christian Love Fellowship Church, followed by the
Pledge of Allegiance to the Flag.
APPROVAL OF MINUTES
TAPE 1, COUNT 62
March 15, 2005 Regular City Commission Meeting and
March 29, 2005 Special City Commission Meeting
MOTION was
made by Commissioner Poitier and Seconded by Commissioner Militello to approve
the March 15, 2005 Regular City Commission Meeting and March 29, 2005 Special
City Commission Meeting minutes, as submitted. Roll Call: YEAS: Commissioner
Militello, Commissioner Poitier, Commissioner Popelsky and Vice Mayor
Gonot. NAYS: None.
ACKNOWLEDGEMENT OF BOARD MINUTES
TAPE 1, COUNT 72
1) Board of Adjustment Meeting – January 27, 2005
2) Planning and Zoning Board Meeting –
February 3, 2005
3) Code Enforcement Board Meeting – February
14, 2005
4) Police Pension Board Meeting – September
29 and November 17, 2004
Commissioner
Popelsky acknowledged the above-mentioned board minutes.
APPROVAL OF THE AGENDA
TAPE 1, COUNT 82
April 5, 2005
It was the consensus of the Commission to approve the
addendum as follows: to table Item 6, and 24, Lanzo Construction Corporation
until May 3, 2005; as requested by the applicant.
MOTION was
made by Commissioner Militello and Seconded by Commissioner Poitier to approve
the agenda of April 5, 2005 as amended. Roll Call: YEAS: Commissioner
Militello, Commissioner Poitier, Commissioner Popelsky and Vice Mayor
Gonot. NAYS: None.
PRESENTATIONS
Community Improvement Video – The Community Improvement Video showed highlights
of the Easter Events and the Beauty Spot Awards. The Awards were as follows:
Single Family: Janet Williams, 323 NW 4th Place; Andrew Vuksic, 3901
NW 6th Street and Heiko & Michelle Freitag, 1110 Little Harbor
Drive. Business: Youth Automotive Training Center, 399 SW 3rd
Street. Also were highlights of the landscape improvements at the Utility Engineering Administration Building, Goolsby Boulevard. There were also highlights
of ongoing construction projects throughout the City, i.e. CVS Pharmacy Store,
Howard Johnson’s Restaurant and the USA Parking Garage retail spaces.
Announcement for upcoming events were as follows: Deerfield Beach Relay for
Live Yard Sale, Sunday April 10, 2005 at 8:00 a.m. – 5:00 p.m. at Constitution Park; Arbor Day Plant Sale, Saturday, April 16, 2005 at 9:00 a.m. – 4:00 p.m. at Constitution Park and the Cuisine of the Region on Wednesday, April 27, 2005 at 5:30 –
9:00 p.m.
Beauty Spot Awards – Ruth Blacketer, Chair, Beautification Authority, presented Beauty
Spots Awards to the following individuals and businesses: Single Family: Janet
Williams, 323 NW 4th Place; Andrew Vuksic, 3901 NW 6th
Street and Heiko & Michelle Freitag, 1110 Little Harbor Drive. Business:
Youth Automotive Training Center, 399 SW 3rd Street.
Proclamation presented to Butch Santy, BSO - Vice Mayor Gonot read and presented a
proclamation to Deputy Butch Santy, Broward Sheriff’s Office for being a
nominee for the BSO Deputy of the Year Award. He also read the many
accomplishments Deputy Santy has achieved during his tenure as a BSO Deputy, to
include School Resource Deputy at Deerfield Beach High School for the past 18
years and being responsible for the after school security assignments. Deputy
Santy also assisted with several special events including the MADD “Student
Alcohol Awareness Day,” the City of Deerfield Beach Fire Department “Mass
Casualty Drill,” Founder’s Day, and Deerfield Beach High School Homecoming. He
has been instrumental in helping to
PRESENTATIONS - CONTINUED
moderate tension between the Haitian and Black
American students who attend Deerfield Beach High school. In addition, he has
assisted several BSO countywide units, including both the gang unit and
criminal investigations. Deputy Santy is most noted for initiating an
outstanding community program with the University of Miami Football Team known
as “Canes on Patrol,” where he worked closely with UM Football Players,
exposing them to careers in law enforcement and produced a public relations
poster the “Canes on Patrol” program highlights. This year, 12,000 of these
posters will be distributed by Broward County School Resource Deputies and by
members of the District 10 Community Affairs team and proclaimed April 5, 2005
as Deputy Butch Santy Day.
Vice Mayor Gonot stated that Deputy Santy is truly an
asset to the City.
Chief Ron Reffett, District Commander, stated that
Deputy Santy has made a difference in the community and is a rare commodity.
He said that Deputy Santy is a positive individual who makes a positive
influence in the community and gives it his all. In closing, Chief Reffett
said that it is a privilege to work with Deputy Santy.
Deputy Santy thanked the City Commission and
Administration for all their support. He said that it is his pleasure to have
worked for the City of Deerfield Beach for 29 years. He said that he resides
in the City and his children also graduated from Deerfield Beach High School.
WRITTEN REQUESTS
Appointment to the Planning and Zoning Board – Mark Rothenberg, 901 SE 11th Avenue, Deerfield Beach, presented his resume and requested to be appointed to the Planning and
Zoning Board as a regular member. He said he recently read an article in the
Florida Bar Journal regarding non conforming uses and grandfather uses, which
is something the City of Deerfield Beach will struggle with like other South Florida cities, in dealing with redevelopments. He said that he is a land use
attorney, representing cities and developers, but does not practice in the City
of Deerfield Beach, but would like to volunteer his services. He also said
that he will be willing to serve as an alternate member on the Planning and
Zoning Board, which he previously served but resigned to run for City
Commissioner, District 1.
Vice Mayor Gonot thanked Mr. Rothenberg for his
contribution to the City and said that the Commission will keep his request
under consideration.
Request to use the City’s showmobile and waiver of
fee - William J. Ruswick, Musical
Director, Deerfield Beach Elementary, request to use the City showmobile on
May 12, 2005 and a waiver of the fee for their Spring Show.
WRITTEN REQUESTS - CONTINUED
Vice Mayor Gonot stated that the fee is $100 and
cannot be waived. He suggested that Mr. Ruswick contact him to seek assistance
from the Kiwanis or Rotary Club.
Commissioner Poitier suggested that the members of the
City Commission each donate $20 to cover said cost.
MOTION was
made by Commissioner Poitier and Seconded by Commissioner Militello to approve
the request and have the members of the City Commission each donate $20 to
cover said cost, the $100 fee. Roll Call: YEAS: Commissioner Militello,
Commissioner Poitier, Commissioner Popelsky and Vice Mayor Gonot. NAYS:
None.
Discussion of trash, debris, and dirt from
Construction projects - Elizabeth
Willett, 48 NE 19th Terrace, Deerfield Beach, complained about the
problems caused to neighboring properties by developers during construction.
She specifically complained about the developers constructing the new
condominium development, Puerta Del Sol. She said that during construction,
their property was subjected to sheets of plastic and trash of all sorts. She
said that dust was swept from the balconies; they experience two years of dust
and concrete masonry dust on their patio furniture, landscaping and vehicles.
She further complained that the construction dust severely damaged their in
ground fiberglass swimming pool, by staining the bottom gray from the concrete
dust and rust line. Additionally, they were informed that the construction
workers threw nuts, bolts and nails into the pool from the upper floors of the
buildings, which their pool maintenance worker had to clean up on a weekly
basis.
Continuing, Ms. Willett stated that this matter was
reported to Code Enforcement and the workers were instructed to be more
careful, but the problem continued. She said that they asked that the
developers to reimburse them for some of the monetary damages that were caused
by the construction, but have not heard from them as of this date. She asked
that the Commission consider stricter enforcement to protect the residents of
this City and not let the developers abuse the citizens.
Vice Mayor Gonot asked Sergeant Swift, Code
Enforcement Supervisor to meet with Mrs. Willet regarding her complaints.
Request to post signs in the City to promote the
Deerfield Beach Relay for Life event
- Lenny Chesser, Past Chair, Relay for Life, requested permission to install
signs around the City to promote the Relay for Life event, May 6 -7, 2005 at
Quiet Waters Park. Thereafter, he provided a brief history about the event. He
said that the American Cancer Society raises money for prevention and training
programs to assist individuals with cancer. The relay honors survivors and
remembers those who have lost the fight. He said that they exceeded last
year’s goal of $46,000 and this year’s goal is $55,000. He urged everyone to
participate by sponsoring or joining a team.
WRITTEN REQUESTS - CONTINUED
Arleen Uria-Speed, Associate Director American Cancer
Society, request authorization to post signs in the City to promote the
Deerfield Beach Relay for Life event on May 7-8, 2005 at Quiet Waters Park. The locations are as follows: for 3x6 signs: Powerline and Hillsboro Boulevard,
US1 and Hillsboro Boulevard and A1A and Hillsboro Boulevard, in addition to
smaller signs around the City.
MOTION was
made by Commissioner Militello and Seconded by Commissioner Poitier to approve
the request. Roll Call: YEAS: Commissioner Militello, Commissioner Poitier,
Commissioner Popelsky and Vice Mayor Gonot. NAYS: None.
Discussion of round-a-bouts in Deerfield Beach Gardens – Maureen Kenny, 615 SE 7th
Avenue, stated that Mayor Capellini is absent this evening because he lost
his fiancée to cancer. She also stated that she also lost her husband to
cancer and thanked the Commission for their support with the Relay for Life
event. She further stated that a Memory Mass will be held at St. Ambrose
Catholic Church on Tuesday, April 12, 2005 at 12:00 noon in honor of Debra
Fredrick.
Continuing, Ms. Kenny said that she does not oppose
traffic calming on 7th Street and 7th Avenue, from the Deerfield Beach Middle School to Federal Highway. She complained about the traffic from 6th
to Federal Highway and welcomed the traffic calming, specifically the
round-a-bouts.
Additionally, Ms. Kenny requested that the
Administration would consider allowing the Public Works crews, garbage pickup,
to place the trash cans to the side of the house to assist with the prevention
of theft and the trash can form being left in the right-of-way until residents return
home from work.
Traffic Calming Project Phase II, Bonita Park – Marybeth Hamberger, 338 SE 2nd Street
discussed the traffic calming project in the Bonita Park and Coral Manor areas,
specifically SE 2nd Street. She said that she previously addressed
the Commission at its March 15, 2005 meeting regarding traffic calming on SE 2nd Street, SE 6th Avenue and SE 4th Avenue regarding
the round-a-bouts that were scheduled to be installed in the area. She said
that they are grateful for the City addressing the speeding throughout the
neighborhoods by proposing traffic calming devices. However, there appears to
be a breakdown in communication as to the final plans. She said that many were
not aware of the City’s Traffic Calming Workshop held on February 11, and May
20, 2004 that was held at Pioneer Park Recreation Center; which is when they
would have been able to address the concerns, offer suggestions and given
specifics about the plans.
WRITTEN REQUESTS - CONTINUED
Continuing, Ms. Hamberger thanked Commissioner
Militello, Burgess Hanson, Assistant to the City Manager and Carl Peter for meeting with them and help to explore alternatives to the proposed round–a-bouts
on SE 2nd Street and urged the Commission to approve the revisions.
She further requested that Commission revisit the further installations of
round-a-bouts throughout the City and felt that table tops, stop signs and
speed cushions were better suited to solve the
traffic problems. In closing, Ms. Hamberger said that they agree that there is
a problem with speeding traffic and does not wish to see the project halted but
to provide safety for the pedestrians.
Traffic Calming Project, Phase II – Marcia Yollman Smalley, 581 SE 2nd
Street, Deerfield Beach, stated that she was the past chair for the Coral
Manor Traffic Calming Committee and has worked with McMahon and Associate to
address the traffic calming in the community. She said that there were some
problems but they have since been addressed, specifically on the corner of the
6th and 2nd main thoroughfare from Hillsboro Boulevard
and 10th Street. She said that there are children crossing the
street daily that do not look before crossing the street. She urged the
Commission to consider the revisions that were submitted.
Deerfield Beach Arboretum Annual Arbor Day Sale – Richard Florin, 560 Via Verona, Deerfield Beach,
Friends of the Deerfield Beach Arboretum, requested to place signs around the
City to promote the Annual Arbor Day Sale on April 16, 2005.
MOTION was
made by Commissioner Militello and Seconded by Commissioner Popelsky to approve
the request. Roll Call: YEAS: Commissioner Militello, Commissioner Poitier,
Commissioner Popelsky and Vice Mayor Gonot. NAYS: None.
Vice Mayor Gonot stated that there are several eagle
scout projects that have been completed on the Arboretum.
Moratorium on placing names on City Facilities and
Streets – Donna Canady-Spence,
President of the Greater Carver Heights Association, 200 SW 2nd
Street, Deerfield Beach, requested that the Commission consider placing a
moratorium on placing names on City facilities and streets. She also requested
that guidelines be set to determine the naming of City facilities/streets, i.e.
a resident of the City for 20 years, in good standing, has contributed to the
City and after they are decease. She said that there are many pioneers, Mr.
Jones and Mr. Butler, that have contributed to this City and should be
considered prior to those that are just passing through.
Commissioner Poitier stated that she agreed with Ms.
Canady-Spence, but the Sylvia Poitier Business Skill Center, which is owned by
the Deerfield Beach Housing Authority, was named after her for her assistance
with funding while serving on the Broward County Board of County Commissioners. She welcomed the suggestion of having guidelines put in place.
WRITTEN REQUESTS - CONTINUED
Vice Mayor Gonot also agreed that guidelines should
be adopted and suggested possibly working with the Historical Society in this
endeavor.
In response to Commissioner Militello’s question, Ms.
Canady-Spence replied that the renaming of streets should also adhere to these
guidelines. .
Code of Ethics and Public Apology - Caryl Berner, Century Village, stated that she
would like to address her comments to Mayor Capellini however, he is absent and
requested that she be allowed to speak at the April 19, 2005 meeting. She
further extended her condolence to Mayor Capellini.
Renaming SW 10TH Street to Avenida Brasil - Jorge Ciccone, 816 SE 9th Street,
requested that the City Commission consider honoring a whole country by
renaming SW 10th Street to Avenida Brasil. He said that the
Brazilian community has contributed economic growth to this community and has
made the City of Deerfield Beach their home. He said that the City is growing
daily with Brazilian businesses and specialty stores, and populating an area of
town that a few years ago, was not so trendy. He said that they have obtained
a report from the Brazilian Chamber of Commerce, as suggested by the City
Manager, to assist with the Commission’s decision. He further stated that they
have also provided this information to the members of the Brazilian press and
the International Brazilian paper and other communities in preparation for this
to take place, with the Commission’s consent, on the Fourth of July weekend, as
a salute to their country and the fighting men and women overseas. He said
that the festivities new theme would be to welcome the new residents, their
families, their labors and customs with an all out American embrace. He said
that as a young country of emigrants he requested that the Commission give them
a little part of Deerfield Beach as a symbol to remember their homeland. He
further stated that they will cover the expense related to this request.
Vice Mayor Gonot directed the City Manager to work
with Commissioner Poitier in forming criteria and have it under advisement.
Traffic Calming in Deer Run – Kathy Maggi, 125 SW 34th Avenue,
Deerfield Beach, requested that traffic calming be consider on SW 34th
Avenue in Deer Run. She complained about the speeding cars and the community
being used as a cut through for the major roadways of Hillsboro Boulevard and Powerline Road. She said some of the streets in the subdivision have been addressed by
having stop signs, or speed humps installed, but SW 34th Avenue has
not been addressed. She said that there is a park on this street, it is in a
school zone, and has two bus stops, and solicited the Commission’s assistance
with addressing this matter.
WRITTEN REQUESTS - CONTINUED
Vice Mayor Gonot stated that there has been a number
of measures that have taken place in the area and advised that the Commission
will look into this matter. He further said that there has been a number of
issues that have been addressed relating to traffic calming throughout the City
and even after implementation of some of the plans there is still feedback
and/or concerns. He said that he and Burgess Hanson will continue to work with
Ms. Maggi.
PUBLIC HEARINGS – 2nd READING
ITEM
1
TAPE 1, COUNT 1727
Ordinance
2005/ - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH,
PROVIDING FOR THE REFERRAL OF CASES INVOLVING THE VIOLATION OF A MUNICIPAL
PARKING ORDINANCE TO A HEARING OFFICER FUNDED BY BROWARD COUNTY AND
ADMINISTERED BY THE CLERK OF THE COURT; CONTAINING A PROVISION FOR INCLUSION IN
THE CITY CODE; CONTAINING A SEVERABILITY CLAUSE; CONTAINING AN EFFECTIVE DATE
Andrew Maurodis, City Attorney, stated that although
the addendum to the agenda indicates that this item is stricken, he requested
that it be continued to April 19, 2005.
ITEM
2
TAPE 1, COUNT 1733
Ordinance 2005/012 - AN ORDINANCE OF
THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH AMENDING SECTION 66-58,
PARKING PROHIBITED ON CERTAIN STREETS, TO INCLUDE A NEW SUBSECTION (51) FOR THE
PURPOSE OF PROHIBITING PARKING AT THE WEST END OF 54TH STREET AT THE
EAST LINE OF THE CSX RAILROAD IN HIGHLAND MEADOWS ESTATES; PROVIDING FOR
INCLUSION IN THE CITY CODE; PROVIDING FOR AN EFFECTIVE DATE.
The Ordinance was read by title only.
There was no public discussion on this matter.
MOTION was
made by Commissioner Popelsky and Seconded by Commissioner Militello to close
the public hearing. Roll Call: YEAS: Commissioner Militello, Commissioner
Poitier, Commissioner Popelsky and Vice Mayor Gonot. NAYS: None.
Commissioner Poitier asked if the Highland Meadows
Estate is a trailer park.
Commissioner Popelsky replied yes and it dead ends to
the railroad tracks.
PUBLIC HEARINGS – 2nd READING - CONTINUED
Commissioner Poitier stated that she met with the
Homeowners Association President and asked if they were aware of this proposed
Ordinance.
Larry Deetjen, City
Manager, replied that the request came from the homeowners.
Commissioner Poitier asked if there is sufficient
parking for visitors?
Mr. Deetjen replied yes.
MOTION was
made by Commissioner Poitier and Seconded by Commissioner Popelsky to adopt
Ordinance 2005/012. Roll Call: YEAS: Commissioner Militello, Commissioner
Poitier, Commissioner Popelsky and Vice Mayor Gonot. NAYS: None.
PUBLIC HEARINGS – CHANGE OF USE
Andrew
Maurodis, City Attorney, stated that if there is no objection Items 3 and 4 can
be approved in concert.
ITEM
3
TAPE 1, COUNT 1816
P.H. 2005-172: Applicant: Law
Office of Corey Leifer, P.A.
Location: 816 S.E. 9th Street, Suite A
Previous
Use: merchant (Tranquil Body Care)
Proposed
Use: law firm
ITEM
4
TAPE 1, COUNT 1818
P.H. 2005-173: Applicant: Tiki Tan and
Boutique, LLC
Location: 1645 S.E. 3rd Ct., Ste. 102
Previous
Use: merchant (Teeze Lingerie & Swimwear)
Proposed
Use: tanning salon and retail items
There was no discussion on Items 3 and 4.
MOTION was
made by Commissioner Poitier and Seconded by Commissioner Popelsky to close the
public hearing. Roll Call: YEAS: Commissioner Militello, Commissioner Poitier,
Commissioner Popelsky and Vice Mayor Gonot. NAYS: None.
MOTION was
made by Commissioner Poitier and Seconded by Commissioner Militello to approve
Items 3 and 4. Roll Call: YEAS: Commissioner Militello, Commissioner Poitier,
Commissioner Popelsky and Vice Mayor Gonot. NAYS: None.
QUASI-JUDICIAL PUBLIC HEARINGS
Andrew Maurodis, City Attorney, placed under oath
all individuals that wish to speak on item 5 16-18, to include staff.
ITEM
5
TAPE 1, COUNT 1851
P.H. 2005-162: APPLICATION 05-B1-177
Applicant: POP’S FISH MARKET, by
Jack Hawk
Proposal: Site plan
modification to construct additional parking and landscape improvements.
Location: A 0.69-acre parcel described as Lots 10 thru 13, Block 4, CLOPTON
ADDITION, located at 131 W. Hillsboro Blvd.
Andrew Maurodis, City Attorney, asked if the applicant
was present, however, he was not. He said that the applicant has been notified
but is not present and advised the Vice Mayor that he may consider the matter
or table it.
Gerald Ferguson, Director of Planning and Growth
Management, stated that this is a proposal to modify the site plan for Pop’s
Fish Market for parking lot improvements that would include paving, landscaping
and irrigation of the landscaping. He said that it meets all Code
requirements. This item has been approved by the Planning and Zoning Board and
the Community Appearance Board.
Beulah Hill, 1320 SW 10th Avenue, Deerfield Beach, President of the Common Highlands Association, stated that additional
parking is needed and urged the Commission to approve the request.
MOTION was
made by Commissioner Militello and Seconded by Commissioner Poitier to close
the public hearing. Roll Call: YEAS: Commissioner Militello, Commissioner
Poitier, Commissioner Popelsky and Vice Mayor Gonot. NAYS: None.
Commissioner Militello stated that it is her
understanding that there will be future expansion and asked if it would only
include the fish market or would it be an additional expansion.
Mr. Ferguson stated that on the plans for the parking
lot, shown was an area for future building expansion. However, that area is
not a part of this approval and would require a site plan modification. He said
in the interim the subject area will be sodded and irrigated.
Commissioner Poitier asked if the applicant expands
the building in the future, would the fish market be able to extend as far as
the CSI Building. She further stated that both of her buildings are hidden by
CSI and asked that nothing is placed in the way of that.
QUASI-JUDICIAL PUBLIC HEARINGS
MOTION was
made by Commissioner Poitier and Seconded by Commissioner Militello to approve
Item 5. Roll Call: YEAS: Commissioner Militello, Commissioner Poitier,
Commissioner Popelsky and Vice Mayor Gonot. NAYS: None.
ITEM
6
TAPE 1, COUNT 82
P.H. 2005-137: APPLICATION
03-M3c-10
Applicant: LANZO CONSTRUCTION CORPORATION, by Gallo
Architects
Proposal: To construct three (3) industrial buildings
totaling 41,000 square feet with a 30-foot wide greenway buffer. Location: A
5.938-acre parcel described as Parcel C and a portion of Parcel D of the LANZO
PLAT, more particularly described in the file, located at 4200 N.W. 19th
Avenue.
(tabled from March 15, 2005)
This item was tabled until May 3, 2005 under the
approval of the agenda at the applicants’ request.
GENERAL
ITEMS
ITEM
7 TAPE
1, COUNT 1957
Consideration to remove the school
crossing along with signage, pavement markings, and overhead span wire school
flashers at Martin Luther King Boulevard and SW 2nd Street.
Commissioner Poitier stated that after reviewing her
agenda backup she visited the area and noticed two additional signs and asked
which sign is being removed.
Larry Deetjen, City
Manager, stated that this is a request from Broward County Traffic
Engineering. Many years ago there was not a sidewalk on the west side of Martin Luther King Boulevard from Westside Park leading south to Deerfield Park Elementary School; therefore, a new crossing was requested in front of the school which is
manned. Through time, with development like the Youth Automotive Training
Center, YATC, B’nai B’rith the sidewalk was installed along the entire length
so youth that are walking to school on the west side do not have to make a
crossing until they reach the school and there is a manned school crossing
guard. He further stated that the subject sign is a duplicate crossing and is
unmanned and creates a liability issue and the County has requested that it be
removed.
GENERAL
ITEMS - CONTINUED
Commissioner Poitier stated that she is very familiar
with the site and the children. She said that many of these children’s parents
leave home early in the morning for work and they have no one to chaperone them
to and from school. They cross the street and do not stay on one side of the
street, and the subject sign is a new sign that is installed in front of Westside Park, 1st Court and ends on 2nd. This sign was installed
because there was no crossing guards at 2nd Street and most of these
kids live in the Stanley Terrace Apartment Complex. She further said there is
no other area in the country that you would witness such young children, three,
and four and five year olds walking to and from school alone. Therefore, the
subject sign is a necessary tool for safety.
Continuing, Commissioner Poitier stated that she
would like to inform the parents of this matter. She further stated that she
could not support the removal of the sign unless the City places a crossing
guard at this location to protect the safety of the children.
Mr. Deetjen recommended that the Commission table
this item. He further stated that there are currently crossing guards at the
intersection of MLK Boulevard and Hillsboro Boulevard and the official parking
in front of Deerfield Beach Park Elementary School.
Commissioner Poitier said that all of the traffic is
being diverted off of Hillsboro Boulevard onto Martin Luther King Boulevard.
Mr. Deetjen said that he will come back with the
options as recommended by Commissioner Poitier.
MOTION was
made by Commissioner Poitier and Seconded by Vice Mayor Gonot to table until a
time uncertain. Roll Call: YEAS: Commissioner Militello, Commissioner Poitier,
Commissioner Popelsky and Vice Mayor Gonot. NAYS: None.
ITEM
8 TAPE
1, COUNT 2151
Consideration of a recommendation of the
Broward Sheriff’s Office regarding parking spaces in front of the Howard
Johnson’s Resort.
Commissioner Militello stated that it appears that
one of the concerns is Howard Johnson’s view from the new restaurant that will
be opening. She said that the City should not be removing parking spaces so
that the view for patrons in a restaurant is more convenient. She further
addressed the concern for delivery trucks and suggested that a standing area be
considered when the pier parking lot is improved; therefore, she is not in
favor of approving this request.
Commissioner Poitier asked if this was to restrict
large vehicles, fo example trucks and not cars?
GENERAL
ITEMS - CONTINUED
Commissioner Militello replied that they are
recommending no trucks but compact cars only to not restrict the view for the
restaurant patrons. She said trucks should not be parked there anyway due to
it being an awkward corner.
After further discussion Commissioner Militello
recommended that this item be denied.
MOTION was made by Commissioner Militello and Seconded by Commissioner
Popelsky to deny the request. Roll Call: YEAS: Commissioner Militello,
Commissioner Poitier, Commissioner Popelsky and Vice Mayor Gonot.
NAYS: None.
ITEM
9 TAPE
1, COUNT 2300
Consideration of the $10,100 expense
stipend of the City Commission.
Vice Mayor Gonot stated that the previous Commission
had discussed that the compensation previously included expense dollars that
was treated as salary. Therefore, they recommended that it be treated as such
and were lumped as one. However, the Commission was silent on the issue of
expenses. Although there was no dollar amount indicated, it is clear that
expense money would not be given but be reimbursed. The expense money was previously
given on a W-2 and not on a 1099. Further the Commission never addressed
whether it would give expense or not, but the compensation and the Commission’s
filing fees is based on the amount of compensation that the Commission
receives, clearly indicated that expenses were rolled into salary and that
would be on the W-2.
Commissioner Poitier stated that she addressed the
Commission regarding this matter at its November 16, 2004 meeting. She asked
if a Commissioner would be responsible for travel expenses from their salary to
attend a league conference, i.e. National League of Cities.
Vice Mayor Gonot replied no, the Commissioner would
be reimbursed.
Commissioner Poitier stated that this is not written
and asked who determines the guidelines.
Commissioner Popelsky stated that he understands the
view of the previous Commission, if an invested employee, because it would be
ideal to include on W-2. Once in the W-2 it adds to the investments later,
when the employee becomes vested, which most of the previous commissioners were
all vested. He said that he would like to see the salary remain as is on W-2.
Andrew Maurodis, City Attorney, stated that the
$25,000 salary is by charter.
GENERAL ITEMS -
CONTINUED
In response to Commissioner Popelsky’s question, Mr.
Maurodis replied that $10,000 was given as expense money in 26 equal payments;
therefore, the Commission must determine if they wish to continue this practice
or have a different number or be reimbursable.
Vice Mayor Gonot stated that this would clearly be on
a reimbursable basis, because if on 26 regular payments that would be non
reviewable compensation addressed on the W-2 and is different for what we voted
on. In addition, from the City Clerk’s standpoint she is required to impose a
filing fee which is the total compensation, and the expense in this case would
be considered compensation. He said that the previous commission set the
compensation for this Commission; therefore, the compensation is set. As far
as reimbursable, in the past the Commission, out of pocket expense was
reimbursed.
In response to Commissioner Popelsky’s question, Mr.
Maurodis that this was placed on the agenda for clarification and it is that
the $10,000 payment would be discontinued and a reimbursable situation would be
substituted.
Larry Deetjen explained
the procedure for travel reimbursement, to include that the City Manager’s
office would assist in making reservations through the travel agency and hotel,
and expense reports would be submitted upon return of the trip for out of
pocket expenses.
ITEM
10
TAPE 1, COUNT 2522
Consideration of a “no interest” loan to B’nai B’rith
in the amount of $50,000 for approximately seven to eight months.
Commissioner Poitier said that this is a loan and it
is her understanding that there is $200,000 plus in a trust account and
recommended approval for this item. She further provided a brief history of
what happened during the initial approval for the first building for B’nai
B’rith, a 501 C 3 non profit organization that provides affordable housing for
the elderly. She said that this is the last phase, and they are requesting a
loan that would be reimbursed at closing.
Larry Deetjen, City
Manager, stated that B’nai B’rith will receive, at the end of the federal
fiscal year, $7.6 million to build the housing and all administrative costs.
He said that they are asking for a bridge loan with no interest from the City
so that they can proceed with the process.
GENERAL ITEMS -
CONTINUED
Commissioner Poitier asked that the loan be referred
to as a gap loan instead of a bridge loan. She said that many developers will
expect this, but if the City indicates that it is going to help B’nai Brith
with their shortfalls until closing, they would most likely be reimbursed
especially if they put it in their soft cost. She recommended that the funds
be taken from the City’s trust fund and be allocated to B’nai B’rith and
reimbursed at their closing, with final approval by the City Attorney and an
agreement.
In response to Commissioner Popelsky’s question,
Commissioner Poitier replied that this is not a precedent.
MOTION was
made by Commissioner Poitier and Seconded by Commissioner Militello to approve
subject to final approval by the City Attorney. Roll Call: YEAS: Commissioner
Militello, Commissioner Poitier, Commissioner Popelsky and Vice Mayor
Gonot. NAYS: None.
ITEM
11
TAPE 1, COUNT 2733
Consideration to approve the Coral Manor Traffic
Calming Project and negotiate a change order with the contractor.
Commissioner Militello stated that the two areas that
were of major concern were SE 2nd Street and 4th Avenue
and SE 2nd Street and 6th Avenue, with the round-a-bouts
that were proposed to be installed. Since then it has been agreed that the
round-a-bouts would not be installed but medians and table tops instead; in
addition, the 30 year old mahogany tree will not be taken out. She further
stated that there was also concern regarding a median on SE 7th
Avenue because the median goes into the swale and the children play in the
yards and there was concern about the cars being closer to the children. She
recommended approval of the change order and that the Administration looks into
the concerns of SE 7th Avenue median to see if there is an
alternative.
MOTION was
made by Commissioner Militello and Seconded by Commissioner Poitier to approve
Item 11. Roll Call: YEAS: Commissioner Militello, Commissioner Poitier,
Commissioner Popelsky and Vice Mayor Gonot. NAYS: None.
ITEM12 TAPE
1, COUNT 2793
Consideration
to review the sidewalk waiver policy.
Vice Mayor Gonot stated that Mayor Capellini requested
that this item be considered and recommended that it be tabled until April 19,
2005 due to his absence.
MOTION was
made by Commissioner Poitier and Seconded by Commissioner Militello to
table until April 19, 2005. Roll Call: YEAS: YEAS: Commissioner Militello,
Commissioner Poitier, Commissioner Popelsky and Vice Mayor Gonot.
NAYS: None.
GENERAL ITEMS -
CONTINUED
ITEM
13
TAPE 1, COUNT 2809
Consideration to direct the City Administration regarding
the Cove Shopping Center.
Commissioner Militello stated that she met with the
City Manager and others this week and the Cove area was one of the topics of
discussion. She suggested that public input be considered to determine the
direction for the Cove Shopping area and would not like to move forward without
the public’s input.
Larry Deetjen, City
Manager, stated that it is his understanding that Commissioner Militello will
be holding district meetings and this could be one of the topics and welcomed
the input.
ITEM
14
TAPE 1, COUNT 2864
Update on BSO Dispatch Transition Issue
by Fire Chief Gary Lother.
Ada Graham-Johnson, City Clerk, stated that a
memorandum was placed on the Commission’s dais requesting that this item be
tabled until April 19, 2005.
ITEM
15
TAPE 1, COUNT 2893
Consideration to remove the official Regional Activity Center application from Broward County.
Commissioner Militello stated that it appears that Broward County will not be approving any Regional Activity Centers on any of the barrier
islands and recommended that the RAC application with the County be officially
withdrawn.
MOTION was
made by Commissioner Militello and Seconded by Commissioner Popelsky to
approve Item 15. Roll Call: YEAS: Commissioner Militello, Commissioner Poitier,
Commissioner Popelsky and Vice Mayor Gonot. NAYS: None.
CONSENT
AGENDA
ITEM
16
TAPE 1, COUNT
Resolution 2005/ - A Resolution of the City of Deerfield
Beach, Florida to approve an Interlocal Agreement with Howard C. Forman, Clerk
of Court for the Seventeenth Judicial Circuit of the State of Florida to
provide for the processing of municipal parking tickets; authorizing the
appropriate City officials to execute the necessary documents to effectuate
this resolution; providing for conflicts; providing for severability; and
providing for an effective date.
Larry
Deetjen, City Manager, requested that
this item be tabled until April 19, 2005; which was approved under the approval
of the agenda.
CONSENT AGENDA
ITEM
17
TAPE 1, COUNT2983
Resolution 2005/054 - A Resolution approving a work
authorization agreement with Keith and Associates for Kester Point/Sullivan
Park.
Commissioner Militello stated that she expressed a
concern regarding the submerged areas and recommended that the Administration
review to determine if any leases are on the property in the beginning phases
to avoid future delays. She said that the owners that purchased the Riverview
Restaurant have a long lease on the property, and the City is attempting to do
improvements with the marina.
MOTION was
made by Commissioner Popelsky and Seconded by Commissioner Poitier to
adopt Resolution 2005/054. Roll Call: YEAS: Commissioner Militello,
Commissioner Poitier, Commissioner Popelsky and Vice Mayor Gonot.
NAYS: None.
ITEM
18
TAPE 1, COUNT 2942
Resolution 2005/055 - A Resolution to
approve an addendum to the agreement with Keith and Schnars for design changes
for the Public Works/Environmental Services Facility in the amount of
$19,115.00. (Tamara Peacock for $13,750 and Keith and Schnars for $5,365)
CONSENT
AGENDA-CONTINUED
ITEM
19
TAPE 1, COUNT 2944
Resolution 2005/056 - A Resolution
supporting the Local Mitigation Strategy (LMS) adopted by the Broward County Board of County Commissioners.
ITEM
20
TAPE 1, COUNT 2946
Ordinance 2005/ - AN ORDINANCE OF THE
CITY COMMISSION OF THE CITY OF DEERFIELD BEACH AUTHORIZING THE CONVEYANCE OF
REAL PROPERTY TO LEON FRAZIER.
ITEM
21
TAPE 1, COUNT 2948
Resolution 2005/057 - A Resolution
awarding bid #2003-04/#13 for minor home repairs on privately owned homes
within the City of Deerfield Beach to James Joyce Construction in the amount of
$49,630.00.
ITEM 22
TAPE 1, COUNT 2950
Resolution 2005/058 - A Resolution
approving the renewal of a contract with Fireworks Partners, Inc. d/b/a The Mad
Bomber, Inc. for 4th of July fireworks display for the contract
price of $30,000.00.
ITEM
23
TAPE 1, COUNT 3062
Resolution 2005/059 - A Resolution
authorizing an agreement with Proturf, Inc. for dock improvements at the
Villages of Hillsboro Park.
Commissioner Militello requested clarification on the
invoicing for MKI Marine. She said that there was no breakdown of the charges
and it appears that some of the invoices are different from the statement and
the balance due.
Larry Deetjen stated that
this is a project to improve the docking which was in disrepair at the Villages
of Hillsboro Park. The City went to bid and accepted the lowest compliant bid
and the contractor has been unable to finish the work. However, working with
the City Attorney’s office, funds have been retained and are now recommending
were to enter into an agreement with Proturf, Inc. to finish the work with less
dollars that was retained. Upon completion of the project the Administration
hopes to settle with the original contractor.
CONSENT
AGENDA-CONTINUED
MOTION was
made by Commissioner Militello and Seconded by Commissioner Poitier to
adopt Resolution 2005/059. Roll Call: YEAS: Commissioner Militello,
Commissioner Poitier, Commissioner Popelsky and Vice Mayor Gonot.
NAYS: None.
ITEM
24
TAPE 1, COUNT
Resolution 2005/ - A Resolution approving
a Development Agreement with Quirino D’Alessandro regarding a public access
easement and greenway along Crystal Lake.
Larry Deetjen, City
Manager, requested that this item be tabled until May 3, 2005.
ITEM
25
TAPE 1, COUNT 2953
Resolution 2005/060 - A Resolution
urging the Legislature to vote against HB 1521 and SB 2060, in that this
legislation would amend part III, Chapter 163, Florida Statutes, with the
effect of severely reducing the ability of Community Redevelopment Agencies to
accomplish their statutory redevelopment tasks.
ITEM
26
TAPE 1, COUNT 2962
Resolution 2005/061 - A Resolution approving an
addendum to the agreement with Keith and Schnars for the Public Works Facility
for construction inspection services by the engineer and architect in the
amount of $140,350.00. (Tamara Peacock for $79,350 and Keith and Schnars for
$61,000).
Items 27 and 28 were added during the Commission’s
Reports.
ITEM
27
TAPE 1, COUNT
Resolution 2005/062 – A Resolution of the City
Commission of the City of Deerfield Beach, Florida, appointing Gerald Alter as
a regular member of the Planning and Zoning Board of the City of Deerfield
Beach, Florida, as the appointee of Commissioner Martin Popelsky, providing an
effective date.
ITEM
28
TAPE 1, COUNT
Resolution 2005/063 – A Resolution of City Commission
of the City of Deerfield Beach, Florida, appointing Allen Davis as a regular
member of the Planning and Zoning Board of the City of Deerfield Beach, Florida
as the appointee of Vice Mayor Steve Gonot; providing an effective date.
CONSENT
AGENDA-CONTINUED
There was no discussion on Items 18, 19 -22 – 25 and
26.
MOTION was
made by Commissioner Poitier and Seconded by Commissioner Militello to
approve the Consent Agenda, Items 17, 19-23 and 25-28. Roll Call: YEAS:
Commissioner Militello, Commissioner Poitier, Commissioner Popelsky and Vice
Mayor Gonot. NAYS: None.
ADMINISTRATIVE ACTIONS AND CITY MANAGER COMMENTS
City Manager - No Report.
City Attorney – No Report.
City Clerk – No Report.
COMMENTS BY MAYOR AND COMMISSIONERS
Commissioner Militello – Bus Benches -
Commissioner Militello request that bus benches be re-installed at bus stops 50
and 92. She also requested that additional benches be installed at Sullivan
Park.
District 1 Meeting – Commissioner Militello announced that she will
have a District 1 meeting on Thursday, May 5, 2005 at 7:00 – 9:00 p.m. at Pioneer Park Recreation Center, and encouraged the public to attend to address their
concerns. She said that the Cove will be one of the topics of discussion.
Commissioner Poitier – District 2 Meetings - Commissioner Poitier announced that she
will have District 2 meetings on Wednesday’s from 5:30 – 6:30 p.m. at the Old
School House. She further stated that she can be contacted by telephone any
time, but will have office hours in City Hall every Wednesday. She encouraged
the other Commissioners to send representatives to the District 2 meetings to
inform her of their interest and to keep her abreast of what is going on in
their districts.
Sunshine Law - Commissioner Poitier stated that she asked the City Manager if there
was anyway that she could discuss an item out of the Sunshine and he advised
her no and not to discuss it out of the sunshine. She said that the sunshine
is the Commission dais and because of such she would like to discuss an issue
of concern, the Mango Festival.
COMMENTS BY MAYOR AND COMMISSIONERS
Mango Festival - Commissioner Poitier stated that said that she explained to the
City Manager, the manger of this corporation, that she has a great concern
about the Mango Festival; however, one Commissioner cannot dictate nor direct,
but would like them to be aware of her concerns. She informed the City Manager
that she is adamantly opposed to having a police on every corner in this City
during the Mango Festival. She said two years ago she attempted to get the
streets open and not stop an individual for going in and out of the Mango
Festival. Commissioner Poitier said that she had worked for 28 years for this
area to be a good place to live, work and have fun.
Continuing, Commissioner Poitier said that the Mango
Festival is considered a Black Festival, but hopes to one day be like Founders
Day where everyone can come together in a unified effort. She said that she
cannot accept having the black community locked down on a festival day.
Additionally, she said that she was informed that the BSO representative
advised her that they are the law professionals and must provide public safety.
Nonetheless, public safety can also be used to hinder the growth of the
festival by discouraging others from surrounding cities to attend the
festival. She asked her colleagues to support the effort of equal treatment in
the City of Deerfield Beach.
Mango Festival Committee – Commissioner Poitier further stated that she met
with the City Manager and requested the resignation of some of the Mango
Festival Committee members.
Larry Deetjen, City
Manager, stated that these are members of a volunteer committee and not city
employees.
Commissioner Poitier stated that the Mango Festival
Committee uses taxpayers’ dollars to fund this event.
Mr. Deetjen stated that he previously indicated that
this is not a City Manager issue; therefore, he is not involved in this matter.
Commissioner Poitier said that she does recall this
being indicated. She said that the City Manager is the only one that controls
this matter, because the issue is placed on the agenda by the City Manager for
the Commission’s approval. She further said that the City Manager directs
Vince Kendrick, Parks and Recreation Director, as to what to do as it relates
to special events.
Mr. Deetjen requested clarification and said that he
understands the concerns relative to traffic safety and the plan for the
policing a major event in this community. However, he said that he does not
make appointments to the Mango Festival Committee nor the Commission;
therefore, it is not a City Manager issue to determine what volunteer citizens
serve on this committee. As administrators, we work with the Committee and
will continue to assist them.
COMMENTS BY MAYOR AND COMMISSIONERS
Commissioner Poitier reiterated that the City Manager
is responsible for placing the item request from the Committee on the agenda;
which is approved by the Commission.
Vice Mayor Gonot stated that as it relates to the
Mango Festival the previous Commission expressed concerns with the dollars that
the City gave to the Mango Festival. He thanked Commissioner Poitier for her
oversight on the Mango Festival because there had been previous concern and
said he supports her efforts.
Commissioner Popelsky – Update of the Additional Homestead Exemption – Commissioner Popelsky
stated that Lori Parrish, Broward County Property Appraiser, requested an
update of the additional homestead exemption for senior citizens.
Andrew Maurodis, City Attorney, advised that he would
draft an ordinance and place it on the April 19, 2005 agenda for first reading.
Commissioner Popelsky stated that the homestead
exemption of $25,000 has been increased to $50,000 for senior citizens. He
said that 25 neighboring cities have applied and accepted, however, the City of
Deerfield Beach does not have this additional exemption. Therefore, he has
requested the City Attorney to review this and report back to the Commission
for its review and approval.
Update of Home Elevators - Commissioner Popelsky also requested an update
regarding the home elevators.
Larry Deetjen, City
Manager, stated that the neighboring community use community development block
grant, CDBG, monies for retrofitting some units with elevators. He said that
the Administration is attempting to obtain information regarding this. However,
this item would have to adhere to the HUD guidelines to include public hearings
as to how funding is spent every year in the target communities of Deerfield Beach.
Commissioner Poitier asked if elevators are
considered under housing and if so housing dollars could be used, if it is to
meet the ADA requirements.
Commissioner Popelsky stated that he has spoken with
individuals at Windmoore, whom used approximately $170,000 grant money to
install elevators in some of the two level buildings. Therefore, he would like
to determine if this too can be done for communities throughout the City of Deerfield Beach.
Appointment to the Planning and Zoning Board - Commissioner Popelsky requested that Gerald Alter
be appointed to the Planning and Zoning Board as a regular member.
COMMENTS BY MAYOR AND COMMISSIONERS
MOTION was
made by Commissioner Popelsky and Seconded by Commissioner Poitier to
appoint Gerald Alter to the Planning and Zoning Board as a regular member,
adopted Resolution No. 2005-062. Roll Call: YEAS: Commissioner Militello,
Commissioner Poitier, Commissioner Popelsky and Vice Mayor Gonot.
NAYS: None.
Vice Mayor Gonot – Appointment to the Planning and
Zoning Board - Vice Mayor Gonot
requested that Allen Davis be appointed to the Planning and Zoning Board as a
regular member, replacing Anita Cruz, District 4 appointee.
Vice Mayor Gonot also recommended that Mark
Rothenberg be appointed to the Planning and Zoning Board as an alternate
member.
Commissioner Poitier recommended that Gloria Battle
be appointed to the Planning and Zoning Board as an alternate member.
Commissioner Militello said that she has individuals
that she would like to appoint as an alternate, too.
Vice Mayor Gonot recommended that the alternate
members be addressed at a later time.
MOTION was
made by Commissioner Popelsky and Seconded by Commissioner Poitier to
appoint Allen Davis to the Planning and Zoning Board as a regular member,
adopted Resolution No. 2005-063. Roll Call: YEAS: Commissioner Militello,
Commissioner Poitier, Commissioner Popelsky and Vice Mayor Gonot.
NAYS: None.
Fire Department Overtime - Vice Mayor Gonot stated that at the April 5,
2005 City Commission meeting there was discussion regarding the Fire Dispatch
issue and would like to continue. He said that he met with the City Manger and
the Fire Chief regarding this issue; however it was mentioned that there were
memorandums that were included in the CIL, Commission Information Letter, and
would like to address them. 1) Chief Lother indicated that he will meet with
the dispatch supervisor upon her return from vacation to discuss the overtime
hours, specifically 600 + hours, and asked if that has occurred.
Chief Lother replied that the numbers or hours are
correct. He explained that there is approximately 17 slots on a weekly basis
that must be filled and is done with overtime personnel. The overtime should
diminish because they are in the process of hiring a person for one full-time
position. He said that in surveying other cities, Coral Springs is down 4
dispatchers, Sunrise Police and Fire, down 4; Hollywood Fire is down 7
dispatchers; Boca Raton is down 9 dispatchers; Delray is down 2 dispatchers;
COMMENTS BY MAYOR AND COMMISSIONERS
Boynton Beach Fire is down 5 dispatchers, and all are
using overtime personnel to fill those vacancies. He said that this is a
regional problem that would require the Commission’s assistance. Chief
Lother said that he would submit some recommendations as to how to address this
matter at the April 19, 2005 meeting.
Vice Mayor Gonot stated that it was also indicated
that there was a large response to the need for filling this position.
Chief Lother replied that is correct and some were
interviewed and may be considered for part-time dispatchers.
In response to Vice Mayor Gonot’s question he said
that there were approximately three advertisements; one in-house and two in the
newspaper. He said that from the last advertisement they interviewed several
people and selected two applicants that are qualified for full time position,
although there is only one full time position open, they would like to possibly
request the Commission’s approval to add two additional full-time positions; as
well as two part time positions. This will reduce or eliminate most of the
overtime in the dispatch center.
Chief Lother stated that they were uncertain as to
whether they were going to expand due to the possibility of them merging with
BSO. Therefore, until this decision is made, they did not want to make this
final because BSO would have absorbed these costs in personnel.
Thereafter, Vice Mayor commented on a memorandum
relating to the overtime, $1 million, and said that he was disturbed about the
category shift from salaries to overtime that was in the $400,000 range. He
said that this overtime amount, as it relates to category change from salaries
to overtime, can be done with the approval of the City Manager but has not, and
should be. He continued to outline the amount of dollars that was spent in
overtime and salary as well as the shortfall.
Chief Lother said that the expenditure was 16% of the
overtime budget and they are 42% into the budget year. He said that much of
the overtime was spent during the first 3 months of this budget year to cover
the annexation area.
Thereafter discussion pursued regarding the testing
and the hiring of new firefighter personnel for the annexation area.
Vice Mayor Gonot further stated that the budget that
was approved by the last Commission was based on the recommendation of the Fire
Chief and the City Manager. He said that there is a lot of overtime that
amounts to 2 ½ times more than the Police Department. Furthermore, he was not
satisfied with the answers provided by the City Manager and Fire Chief during
their meeting. He said that 680 hours of dispatchers overtime is a lot
COMMENTS BY MAYOR AND COMMISSIONERS
of overtime in one month. Additionally, the amount
of overtime, $1 million, is excessive and brings much concern. Also the report
generated by Sally Siegel, Finance Director’s office, relating to professional
services, salaries and overtime, indicates 47%.
Chief Lother agreed that $1 million is a lot in
overtime and said they are doing everything they can and hope to remain within
budget with the help of the Commission.
In response to Vice Mayor Gonot’s question, Chief
Lother replied that the individuals that are filling the overtime for dispatch
are firefighters, engineers, supervisors and a lieutenant, as well as the
telecommunicators.
Vice Mayor Gonot recommended that Chief Lother have a
representative from Broward County to attend the April 19, 2005 City Commission
meeting to address these concerns and asked that the tape be shown at that
time.
Commissioner Poitier stated that the Administration
must understand that the Commission is a different Commission and is concerned
with who gets the overtime and how it is distributed. She said that the
Commission as legislators cannot sit and allow staff to indicate that the
Commission does not have judgment as to what takes place in a department if
that is done, then we are not fulfilling our jobs.
Continuing, Commissioner Poitier expressed concerns
about the distribution of the overtime equally and said that she does not
object to overtime as long as it is for the public’s safety.
Meeting with the South Florida Water Management
District/Deer Creek Improvements Association - Vice Mayor Gonot requested an update regarding
the City Manager contacting Michael Jackson, South Florida Water Management
District.
Larry Deetjen, City
Manager, stated that his office has contacted Mr. Jackson and he has indicated
that he will schedule a meeting but is not certain when Mr. Jackson and the operational
staff will be available to meet.
Vice Mayor Gonot stated that it appears that the Deer
Creek Improvement Association, DCIA, has met with Mr. Jackson. Although he met
with Mr. Jackson on the 15th, as it relates to issues along the Hillsboro Ca nal, certainly in District 4, he would like to be aware of them. He further
stated that it appears that member of the DCIA has a closer relationship in
communicating with the SWFMD and other groups than he. He said that he has
been cut out of the process through the DCIA, which is where he lives.
COMMENTS BY MAYOR AND COMMISSIONERS
Continuing, Vice Mayor Gonot expressed concern that
the City Manager or any member of his immediate family should be on boards
inside the City because it can appear to be a conflict, i.e. communication
problems. He further said that the City Manager works for this Commission.
The City Manger does not make policy, the Commission does and expects 100% of
the City Manager’s efforts in supporting all of the Commission.
Mr. Deetjen explained that Vice Mayor Gonot visited
his office and asked him to have his wife to resign as president of an elected
homeowners association. She said that his wife is a volunteer and does a super
job on this board. He further indicated that issues relating to the homeowners
association should be addressed directly with his wife. Additionally, he
informed Vice Mayor Gonot in his office today that he would not ask his wife to
resign, which was an inappropriate request.
Vice Mayor Gonot stated that Mr. Deetjen’s statements
are inaccurate and stated he suggested that it would be better that your wife
not serve on the DCIA because in this city there have been numerous complaints
of intimidation and the like. In addition, he has been unsuccessful in
contacting Michael Jackson because he does not have the cooperation of the City
Manager; and he cannot obtain information from his homeowners association
because he does not have the cooperation of Mrs. Deetjen. Nonetheless, the
fact of the matter is that the City Manager works for the Commission and does
not make policy. Therefore, if there is an appearance of impropriety or
special treatment then the DCIA should receive different treatment from any of
the other homeowners association in this city.
Continuing, Vice Mayor Gonot stated that he would
like to meet with Mr. Jackson regarding an easement that runs the entire length
of the Hillsboro Canal that includes the DCIA. In addition, when there is a
presentation with city employees that he is not aware of, but instead gets a
special meeting in which that information is excluded, is definitely a
problem. He further stated that he sent Mrs. Deetjen a letter and she has not
responded.
Mr. Deetjen explained that the issue is relating to
the DCIA Beautification Committee, who applied for a Broward County
Beautification Grant for approximately $15,000 and was successful in this
endeavor. Approximately one year ago, they asked Harry Belton, landscape
architect that lives in Deer Creek, to draw up some conceptual plans to take
vacant land and create an extension of the arboretum, which he did; as well as
other contractors were willing to give back to the community. They latter
contacted the SFWMD but shortly thereafter Mr. Jackson stop returning his
telephone calls until recently, when the SFWMD met with the DCIA in advance and
then the City Administration at the Villages of Hillsboro Park. He said that
the DCIA has not requested financial assistance from the City, but is simply
beautifying the land that they
COMMENTS BY MAYOR AND COMMISSIONERS
own, with walking trails and a gazebo and benches.
Mr. Deetjen further said that they also have the easement from the SFWMD since
the 1980’s. And requested Mr. Jackson’s presence to attempt to have the SFWMD
beautify their property or work with them in this project.
Vice Mayor Gonot further stated that while in Mr.
Deetjen’s office today, he was asked to leave and was threatened by him that a
deputy would be called to have him removed. He advised Mr. Deetjen that he
works for this Commission and as a member of this body, he does not wish to be
told to leave anywhere in City Hall.
Mr. Deetjen said that he asked Vice Mayor Gonot to be
civil and if he could not be respectful he would have to ask him to leave.
In closing, Vice Mayor Gonot stated that Mr. Deetjen
works for the Commission and all the Commission.
Mr. Deetjen stated that he fully understands the
council/manager form of government and has high respect for this form of
government. He further stated that he fully understands that the Commission is
elected by the people and he works for the Commission and serves the
Commission.
Commissioner Poitier stated that he appears that
there is some healing that is taking place and that the Commission will not get
anything accomplished at this time and suggested that that the Commission and
City Manager work together.
PUBLIC TO BE HEARD
Trash/Bulk Pickup in the Newly Annexed Area - Robert Potter, 3701 NW 37th Avenue,
stated that there were 71 houses in the newly annexed area that were not pickup
by Waste Management. He said that he reported this to the City’s Public Works
and Environmental Services office today.
Commissioner Poitier asked if the City had an
Interlocal agreement outlining the scheduled times for bulk pickup. She also
suggested that the Commission write a letter to Waste Management regarding said
service.
Andrew Maurodis, City Attorney, stated that he has
written on two occasions to Waste Management regarding the statutory provision
that they are to provide equivalent services and they indicated to him that
they would respond, but have not to this date. Therefore, the next action
would be to take action at their County franchise. He said that it appears
that they are not in compliance with the state statue.
PUBLIC TO BE HEARD - CONTINUED
Mr. Potter said that he has no complaints regarding
the garbage pickup by Waste Management; however, the bulk pickup is not
adequate.
Commissioner Popelsky stated that he previously spoke
with Mr. Potter regarding this matter and has contacted Carl Peter, Director of
Public Works and Environmental Services, and was advised that the newly annexed
area will continue to be serviced by
Waste Management for 5 years, ending 2009.
Thereafter, he read a letter that was drafted to Mr. Potter outlining the steps
that staff will take to improve this issue of concern. He said that the City
will continue to assist in this matter wherever possible.
North Broward Action Group Meeting - Mr. Potter also invited Commissioner Militello,
Commissioner Poitier and Commissioner Popelsky to attend the North Broward
Action Group meeting on Tuesday, April 12, 2005 at 7:30 p.m. at the North
Broward Hospital District.
Commissioner Militello stated that she will not be
able to attend due to a prior commitment.
Commissioner Poitier and Commissioner Popelsky stated
that they will attend the meeting.
Commend Citizens and City Officials - Cal Shercrot, 2400 Deer Creek Country Club
Boulevard, stated that Lynn Deetjen does an excellent job as president of the
DCIA. Larry Deetjen does a fantastic job. Steve Gonot does a great job as the
District 4 Commissioner.
Concern regarding the City Manager requesting BSO to
escort Vice Mayor Gonot out of Office
- Rita Massey, 349 NE 19th Avenue expressed concern regarding the
remarks that Vice Mayor Gonot made that the City Manager telephoned the Broward
Sheriff’s Office to have him remove due to their disagreement today. She asked
that the Commission look into this matter because if this was done to the Vice
Mayor it could also be done to other commissioners in the future. She said
that this is unacceptable.
Vice Mayor Gonot said that the Commission and the
City Manager will work this matter out.
Bike Path on Hillsboro Boulevard Bridge - George Penaton, SE 6th Street,
stated that while walking over the Hillsboro Boulevard bridge, he was hit by a
bicyclist on the sidewalk and asked that the City Commission consider
designating the north side of the sidewalk for pedestrian and the south side
for bicyclists.
Vice Mayor Gonot advised that these comments will be
forwarded to the appropriate agency, the Department of Transportation,
PUBLIC TO BE HEARD - CONTINUED
Reimbursement for Hurricane Cleanup in Private
Communities - Chris Peacock, 753
Verona, Deer Creek, Deerfield Beach, asked if the City will reimburse them for
any of the expenses, $72,000, that were incurred in cleanup as a result of the
Hurricanes. Although they are in a gated community they would like to be
reimbursed just as other communities.
Larry Deetjen, City
Manager, stated that this was a problem statewide. He said that in Florida most municipalities have not received full reimbursement, the City has received 20%
of what was invoiced to the Federal Government for the cleanup work. Many of
the private homeowners associations in the City hired private firms to cleanup
and some had insurance companies and others did not. However, the work was
done in addition to the work that the City did. The City is only allowed to
submit to FEMA the invoices per the regulation for the work that was done, in
access of $2 million; and have only received $421,000 to date. He suggested
that Mr. Peacock contact FEMA regarding reimbursement and offered to provide
him with the City’s contact person at FEMA.
In response to Commissioner Poitier question, Vice
Mayor Gonot stated that the FEMA guidelines did not allow private communities
to be reimbursed.
Mr. Deetjen said that the City did cleanup every
neighborhood to include Mr. Peacock’s, which is a private gated neighborhood of
the greater Deer Creek as well as other private communities. He said that the
City submitted for reimbursement for all work that was done by staff or the
City’s contractors that was approved by FEMA. In addition to that work, there
are homeowners associations throughout the City that incurred expenses. Some
were reimbursed and others took days, weeks or months to cleanup, but it is not
reimbursed by FEMA.
ADJOURNMENT
There
being no further business, the meeting was adjourned at 10:05 p.m.
_________________________________
ALBERT R. CAPELLINI, P.E., MAYOR
ATTEST:
______________________________________
ADA GRAHAM-JOHNSON,
CMC, CITY CLERK
