CITY OF DEERFIELD BEACH

REGULAR CITY COMMISSION MEETING MINUTES

Tuesday, September 6, 2005 at 7:00 P.M.

The meeting was called to order at 7:05 p.m. by Mayor Capellini 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.

            Also Present:             Larry Deetjen, City Manager

                                                Andy Maurodis, City Attorney

                                                Ada Graham-Johnson, CMC, City Clerk

 INVOCATION AND PLEDGE OF ALLEGIANCE

There was a moment of silent prayer dedicated to the victims of Hurricane Katrina, followed by the Pledge of Allegiance to the Flag.

Katrina Relief Efforts -  Jim Mathie, Deputy Fire Division Chief, stated that the City decided to do a drive for Hurricane Katrina relief.  He said that certain products will be collected at the Chamber of Commerce, Westside Park, and the Warehouse located on the corner of Hillsboro Boulevard and Powerline Road.  He said that they are requesting that personal hygiene items be placed in a shoebox; in addition they will be collecting water and other items also.  He also stated that they are looking for volunteers to work at the locations and asked that they call Kimberly Spill.

Vice Mayor Gonot stated that the Firefighters collected for MDS and Hurricane Katrina victims approximately $40,000 this weekend.  Also for the 9/11 they raised $60,000.  He requested the Commission’s approval to allow them to go out again this weekend, boot drive, to collect for the hurricane victims.

Commissioner Poitier stated that Cassandra Bookman, attended Dillard University in Louisiana, remained their after graduation, the daughter of Mary and Alfred Bill lived in New Orleans and lost everything.  

Katrina Relief Efforts – Continued

Mayor Capellini stated that former Commissioner Peggy Noland’s daughter also attends school in Baton Rouge, Louisiana as well as others from this area.  He further stated that his son’s mother and father in-law loss everything as well.

Commissioner Poitier suggested that a certificate or a plaque be attached and given. 

She requested that Cassandra’s picture be placed at Westside Park to put a face to show those that are being assisted and that hopefully all the money would go to the victims.

Mayor Capellini stated that any donation would be greatly appreciated and thanked everyone for participating.

APPROVAL OF MINUTES                                                TAPE 1, COUNT 178

June 2 and June 13, 2005 Special City Commission Meeting

June 7, 2005 Regular City Commission Meeting  

MOTION was made by Commissioner Poitier and Seconded by Vice Mayor Gonot to approve the June 2 and 13, 2005, Special City Commission Meetings and June 7, 2005 Regular City Commission Meeting minutes, as submitted. Roll Call: YEAS: Commissioner Militello, Commissioner Poitier, Commissioner Popelsky, Vice Mayor Gonot and Mayor Capellini.  NAYS: None.

ACKNOWLEDGEMENT OF BOARD MINUTES         TAPE 1, COUNT 143

1)  Code Enforcement Board Meeting – May 9, 2005

2)  Uniformed Civil Service Board Meetings – May 24 and June 7, 2005

Vice Mayor Gonot acknowledged the above-mentioned board minutes.

APPROVAL OF THE AGENDA                                   TAPE 1, COUNT 191

September 6, 2005

Gerald Ferguson, Director of Planning and Growth Management, requested that, Item 4, Public Hearing, P.H. 2005-287 – Rezoning – Lots 1, 2, and 3, Block 12 of Ocean Vue at 261 NE 19^th Avenue  be stricken at this time.

MOTION was made by Vice Mayor Gonot and Seconded by Commissioner Militello to approve the agenda of September 6, 2005 as amended. Roll Call: YEAS: Commissioner Militello, Commissioner Poitier, Commissioner Popelsky, Vice Mayor Gonot and Mayor Capellini.  NAYS: None.

PRESENTATIONS

Presentation regarding Resource Recovery  -  The Honorable Ilene Lieberman, Broward County Commissioner, presented the City with a return of $406,701.94 from the Resource Recovery System excess funds.  She said that this program has been good for the partner cities and the County by allowing away recycle through the material recovery facility and that there is disposable capability for trash generated by residents. She said that each year money is returned to the partner cities.

Continuing, Commissioner Lieberman stated that for the past two years the County has distributed excess funds to the partner cities.  Deerfield Beach has received $793,159.75; the material recovery facility, thanks to the efforts of all the City’s residents properly recycling materials, total of $1,870,764.00 has been made to the City for recycling.  She further stated that the total thus far for the first six months of this year totals, $363,530.00.  From the bond interest this year, the City of Deerfield Beach will receive, $98,695.00 for a total of $960,486.00.  In summary she said that the Resource Recovery System has return to the city $3,624,410.34. 

Commissioner Lieberman also thanked Cheryl Miller, Recycling Specialist, and Mario Reboa, Recycling Superintendent, for their efforts and partnership with the County with solid waste and recycling issues.  She further urged the Commission to place the 10^th Amendment to the Interlocal Agreement, which would change the makeup of the Resource Recovery Board so that it would be by population.  Therefore, the cities would be a majority of the members on this board, and the County Commission would be a small minority of members on this board.    

Community Improvement Video – The Community Improvement Video showed highlights of the CRA Improvements, the dedication of the swimming pool will be held on Saturday, September 17, 2005.  Also were highlights of Hurricane Katrina Relief Collection locations requesting items be dropped off between September 6  - September 9, 2005. 

Commissioner Poitier’s Birthday  -  Mayor Capellini and the City Commission wished Commissioner Poitier a happy 70^th birthday.

American Flag flown over the Capitol   - Mayor Capellini stated that Congressman E. Clay Shaw presented the City with an American flag that was flown over the Capitol Building in Washington, D.C. in honor of the City of Deerfield Beach.  He presented it to City Manager Larry Deetjen and requested that it be flown at the beach; new improvements. 

Proclamation presented to Carlos Rodon, Postmaster of Deerfield Beach – Mayor Capellini presented a proclamation to Carlos Rodon, Postmaster of Deerfield Beach, proclaiming September 6, 2005 as “Carlos Rodon Day” in the City of Deerfield Beach.

PRESENTATIONS - CONTINUED

Mr. Rodon thanked the Commission and Administration for their support.

Waste Disposal -  Mayor Capellini stated that Commissioner Lieberman outlined the amount of resource recovery that the City receives, and reported that the City’s waste disposal at the County is $15 million a year.

 WRITTEN REQUESTS

Request to use the City’s showmobile, sound system and  waiver of the fee -  Janice Fulmore-Tigner, Hospice by the Sea, request to use the City’s showmobile, sound system, tents and waiver of the fee, for Hospice and Homecare by the Sea, Inc. grand opening on Saturday, September 10, 2005, at Morris Learning Center from 9:00 a.m. to 1:00 p.m.   She said that this outreach center is to educate African Americans at large about hospice and health care services.

Mayor Capellini stated that this is a great organization that helps the end of life.

He stated that they are attempting to reach out to the African Americans and Hispanic community because they are under served.  He said that medic-care and medic-cade benefits that pays for this service. He said that in reviewing the proposed budget for fiscal year 2005/2006 there is a line item indicated that $9,730 for Hospice by the Sea, and requested that the Commission consider approving it this year, if not next year to assist with this outreach center.  He said that with the care of Hospice by the Sea would result to less 911 calls and less use of emergency medical services by people being transported to hospitals that are in the last stage of dying.  He urged the Commission to consider approving the line item in the proposed budget.

In response to Mayor Capellini’s question, the hospice representative replied that there is an office located in Boca Raton, Palmetto Park Road, but the outreach center will be located at Morris Learning Center, Dixie Highway, Deerfield Beach. 

Mayor Capellini stated that his fiancé died several months ago, and commended Hospice by the Sea for their assistance during this trying time in his life.

Commissioner Poitier stated that she commented on this line item at the budget workshop, and she was informed that the $9,730 was not recommended this year, because it was not requested this year.  She requested clarification regarding this item.

Larry Deetjen, City Manager, stated that Hospice by the Sea did not requested funds this year, but said amount was requested in the previous year. 

Commissioner Poitier stated that she support this cause, and was one of the founding members for the May Bowman Center, approximately 26 years ago.   

WRITTEN REQUESTS - CONTINUED

MOTION was made by Commissioner Poitier and Seconded by Commissioner Popelsky to approve the request. Roll Call: YEAS: Commissioner Militello, Commissioner Poitier, Commissioner Popelsky, Vice Mayor Gonot and Mayor Capellini.  NAYS: None.

Requests the use of the showmobile for the Fall Harvest Picnic  -  Carin West, Community Presbyterian Church, requested the use of the showmobile for the Fall Harvest Picnic on October 3, 2005 from 10:00 a.m. to 2:30 p.m.

Commissioner Militello stated that it is her understanding that the showmobile will be used on this date.

Ms. West stated that she discussed this with Carla Deluiz, Parks and Recreation, and requested to use the showmobile from 10:00 a.m. to 2:00 and the showmobile would be at its new location by 4:00 p.m.

In response to Commissioner Poitier’s question, Ada Graham-Johnson, City Clerk, replied that she advised Vince Kendrick, Parks and Recreation Director, that the City Commission had approved the use of the showmobile at its August 16^th meeting, to allow Christian Love Fellowship to use it on October 30 as well; however, she was not certain of the time they requested to use it.

Commissioner Poitier suggested that the request be approved to use the showmobile from 10:00 a.m. to 1:30 p.m. and to waive the fee.

MOTION was made by Commissioner Poitier and Seconded by Commissioner Militello approve the request. Roll Call: YEAS: Commissioner Militello, Commissioner Poitier, Commissioner Popelsky, Vice Mayor Gonot and Mayor Capellini.  NAYS: None.

In response to Vice Mayor Gonot’s question, Commissioner Poitier stated that her motion was to wave the $100 setup fee.  She said that this is a non-profit organization.

Vice Mayor Gonot stated that typically the City Commission does not waive the $100 fee because it covers the cost of setup.  He further stated that the fee is actually $500 to rent the showmobile, but the City charges $100 for setup.

Mayor Capellini stated that he would assist them in paying the $100.

Advisory Boards – Gregg Cesario, 609 Emery Way West, Deerfield Beach, expressed concerns regarding the current process of citizen board candidate nomination, appointment and potential violations of the City’s code.  He said that there appears to be unqualified board members holding positions, which risk is to the City’s taxpayers when exposed to increased taxation and are not represented in key municipal

WRITTEN REQUESTS - CONTINUED

decisions.  He further stated that he received information from the Clerk’s office on several boards, i.e. Code Enforcement, Planning and Zoning, Fireman’s Pension Trust Fund and the Police Officers Retirement Trust Fund.  After reviewing the information it appears to be an overall non-compliance with the City’s Code.  He expressed great concern regarding the fire pension board.  He said approximately 17% funding shortfall to taxpayers $12.5 million at 100% actuarial coverage of fireman retirement benefits not including recent proposal to increase benefits.  Currently, at the course and speed the City would be obligated to approximately $2 million in contributions for 2005.

In summary, Mr. Cesario requested that immediate attention be given to the current board process, candidate qualification review and enforcement.  He further requested that qualified candidates are appointed to the boards and that the Commission adhere to the Code.

There were no comments made by the Commission.

Request to hold a surf contest  - Michael Sammarintano, Underground Surf Company, Inc., 1330 S. Federal Highway, Deerfield Beach, requested to hold a surf contest and team tryouts at the beach at the end of September or early October to introduce his company to the City of Deerfield Beach.   He said that they are considering having the event on October 16, 2005 or October 23, 2005 but will depend on the surf condition.    He also requested a certified lifeguard be present at the event from 8:00 a.m.  – 12:00 noon or 7:00 – 11:00 a.m. If the City could not provide a lifeguard they would be able to do so.

Vice Mayor Gonot stated that he does not object to the event but requested that Mr. Sammaritano review this request with Parks and Recreations for its approval. 

Larry Deetjen, City Manager, stated that a permit is required for this type of event and recommended that Mr. Sammarintano meet with the Parks and Recreation department regarding this matter.

PUBLIC HEARINGS

Andrew Maurodis, City Attorney, stated that there would be two public hearings on the millage rate ordinance and the budget ordinance.  Then proceed to the adoption of the millage rate ordinance first, then the budget ordinance.  There after he read the both Ordinances by title only.

PUBLIC HEARINGS

              ITEM 1                                             TAPE 1, COUNT 1101

P.H. 2005-306:  Ordinance 2005/ - AN ORDINANCE ADOPTING THE MILLAGE RATE TO BE LEVIED BY THE CITY OF DEERFIELD BEACH OF BROWARD COUNTY, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2005, AND ENDING SEPTEMBER 30, 2006; AND STATING THE PERCENTAGE CHANGE IN PROPERTY TAXES AS SUCH CHANGE IS DEFINED IN FLORIDA STATUTES, SECTION 200.065.

The Ordinance was read by title only.

Andrew Maurodis, stated that the operating millage is 5.9949; the debt service millage is .5051.  The total proposed millage is 6.5000.  The public may have the opportunity to speak on this matter.  He said that the City of Deerfield Beach is a taxing authority.  The roll back rate is 5.4388.  The percentage increase over the rollback rate is 10.22%; the millage to be levied is 5.9949.  The operating millage rate of 5.9949 mils will result in 10.22% property taxes.  This is the increase and percent by which the operating millage rate is left to be levied if more than the rollback rate as set forth and computed in Section 200.065.

Mayor Capellini highlighted the fiscal year 2005/2006 budget.  He said that during the budget workshops, the City Commission reduced the recommended millage that was presented by the City Manager, which was 6.69 to 6.50.  This resulted to some items being removed from the budget; some or reoccurring and others were one time expenditures.  There were also some additions to the budget.  In general, the total increase and projected revenues into the City is 9.06 into the general fund.  The ad valorem revenue is over $34 million.  The City’s general fund revenue categories that were expected to grow in 2006; franchise fees are 27%; state share revenues increased by 26%; charges for service for cultural and recreational increased by 184% in interest on income. He said that that this is a result of the City taking over the pier; resulting to increase revenues.  Thereafter, he highlighted the pie chart in the fiscal year 2005/2006 proposed budget.  General Property taxes is approximately 52%; franchise fees; users fees; administration fess/fines and forfeitures; and special assessments.  However, the majority of taxes that are received in the general fund are from the general property tax.  He explained that the ad valorem taxes increase is 14%; represents only 6 or 7% of the total general fund budget. 

Continuing, Mayor Capellini highlighted the expenditures:  2001 the general fund expenditure was approximately $33 million, and the proposed 2005/2006 budget is $53 million.   During the budget workshops discussions pursued regarding the following which that were key contributors to the proposed budget, they were:  annexation,

PUBLIC HEARINGS – 1st READING - CONTINUED

pension fund and payments to the pension has contributed $3.3 million; health insurance has increased approximately $900,000 since 2002.  Inflation is calculated by the US Government, which has also increased since 2002, by 11.7%.  Adding these factors, the budget increase is not necessarily double digits, because, more employees were added to the workforce; but due to other things that are not related to adding manpower to the budget.  He further stated that this is another example of City’s contributions to pension’s plans.  In 2001 the firefighters’ contribution that the City made to maintain it actuarially sound was $330,000.  In 2006, the City’s contribution to keep the plan actuarially sound is $1.5 million.  He said that these dollars are reoccurring and increasing at the same time. 

Further, Mayor Capellini stated that the City Manager’s original budget that was proposed to the Commission was $121,909,000.00; a slight decrease in millage rate to 6.69 from last year.  He also proposed a increase in the communications service tax that was supported by the Commission.  Also proposed was the beachfront parking fees.  He did not recommend a change in the fire assessment fee; no change to water and waste water fees; an increase in solid waste fees for only commercial accounts. 

Mayor Capellini stated that the Commission also met on yesterday, Labor Day to finalize the budget.  The Commission agreed to increase the police zone; affecting the proposed budget by one-half-year, totaling $362,000; the reoccurring cost in the subsequent years not counting inflation, etc. for a full year is estimated at $724,000 annually.  Due to the delay of the numbers being reported by the actuarial, resulted to an increase above the City Manager’s estimate; $455,000 into the fire rescue pension plan.  In addition, Arlington Park Family Trust for Senior Services was increased $30,000.  The Historical Society was increased by $20,000.  The expenditures totaled $867,000.  He further stated that the Commission agreed to raise the fire assessment fee to $61.80.  There was a cash carry over of $200,000 into the budget.  Also, $87,000 was added to the contingency.  Total revenue was $522,578. Mayor Capellini stated that the Commission also discussed reductions and agreed to the following:  reduce the fire rescue overtime $258,000; $670,000 was reduced – Improvements for Station 66; MOC audio video equipment was also taken out, $147,000; fire rescue litigation fund $100,000; Weather Bug Software, $25,000; miscellaneous material on maintenance vehicles, total $20,000; fire rescue command vehicle, $3,867; beatification for medians, $65,000; city wide publications, WAVE, $35,000; City Clerk’s budget, election $154,000; Webcast software, $40,000; total reduction was $1.4 million; netting with the amount added resulted in a net reduction of $999,240 from the City Manager’s original proposal. 

Senior Services -  Mayor Capellini stated that the total revenue and expenditures are expected to increase by approximately 4%.  The City’s contributions to Senior Services, NE Focal Point increased $490,000. 

PUBLIC HEARINGS – 1st READING - CONTINUED

State Revenue Sharing Fund -  The state revenue sharing fund, revenue is expected to increase by 25%; franchise projected revenues will increase slightly and the CDBG fund is expected to decrease by approximately 5%.   He further stated that the state sales tax, revenue sharing increased due to last year’s hurricane which resulted to greater spending.  The sales tax revenue increase and the City receives a portion. 

Utility Fund -  Additionally, Mayor Capellini stated that the utility fund, road and bridge fund remained at the same funding level as the previous year.  There was an increase proposed for commercial backflow prevention, a total of $30,000 revenue expected.  Also proposed was an increase for private commercial fire line fee; revenue expected $138,000.  There was no significant change in the budget for the solid waste fund. He also commented on the solid waste fund, commercial accounts and recycling cardboard. 

Insurance Fund  -  Mayor Capellini stated that there would be a 6.5% increase in the  insurance fund in both revenues and expenditures in the next coming year.  He said that this is due to the increase medical cost and workers’ compensation and pension cost to maintain the actuarial soundness of various programs. 

Vice Mayor Gonot stated that this is his 5^th budget presentation that he as been apart of that was made by Mayor Capellini; and is the first presentation that he has disagreed with Mayor Capellini.   He said that the proposed budget was an increase of 9% that included adding code enforcement for the newly annexed area. Also added was 2.5 employees to Public Works, double entry was submitted for the Wave publication and it was recommended that it be reduce by $35,000 from the original $150,000. He requested that Mayor Capellini consider these items in his presentation for the final budget hearing.

Commissioner Poitier requested that Edith Lederberg, Area wide Aging Agency, cme forward.

Mayor Capellini stated that the Area Agency on Aging was approved for over $62,000+.

Ms. Lederberg thanked the Commission for its support.  She also welcomed the new Commissioners, Commissioner Popelsky and Commissioner Militello and Commissioner Poitier.  She commended Commissioner Poitier for her support through the many years.  Thereafter, she gave a brief report on the Agency assistance for the Deerfield Beach area.  In closing she commended Nancy Reichenbach and Donna DeFonzo, for their assistance and support.

Sally Laws, Family Central, is required by the State of Florida to request local matched dollars.  She said that they are the state designated administrative of child care subsidy for the working poor families in Broward County.   She said that $1,000 in contributions can draw down more than $65,000 to assure that parents are able to go to work and put

PUBLIC HEARINGS – 1st READING - CONTINUED

their child in a safe environment.  She said that the City’s contribution last year allowed them to provide child care subsidy to 61 children in Deerfield Beach.  She said that in the upcoming year they anticipate that 428 in Deerfield Beach would need child care subsidy and requested that the City contribute $20,263.00 to assure the these children can be served in a child care setting during the day. She thanked the Commission for its contribution last year and urged them to consider them for the upcoming fiscal year.

Mayor Capellini stated that the Commission approved $7,500 to Family Central in the proposed budget.

James McGeary, 1442 SE 6^th Street, requested clarification regarding discussion during one of the budget workshop, i.e. the Mango Festival and Founder’s Day.  She said that Commissioner Poitier had indicated that the Mango Festival received less than $10,000 from the City, specifically $7,300.  However, the budget line item indicates $50,000.

Larry Deetjen, City Manager, explained that past City Commission requested that the expenses be broken out.  He said that the $7,300 is a contribution that the City gives annually to Mango and also to Founder’s Day that goes directly to that non-profit entidy for their use.  He said that the $50,000 line item in the proposed budget is for the expenses, the cost of fire rescue, police details, clean up, setup and assistance, which is an expense item in the Parks and Recreation Budget.

Mr. McGeary asked if the Mango Festival self-supporting this year?

Mr. Deetjen replied that there are no self-supporting community events.

Commissioner Poitier stated that they hope to make the Mango Festival self-supporting in the future.  She further stated that the Mango Festival Committee has decided to name the festival after the former commissioner, Carl J. Nixon Mango Festival Day, which would result to more people in attendance.  Nonetheless, the City always sees its profit.

Mr. McGeary also asked what was the net loss on the boat race last year?

Mr. Deetjen replied that he was not certain, but said information was previously provided to the Commission, and informed Mr. Geary that he would provide him with the information at a later date.   He said that the net loss was less for last year, than the prior year.

In response to Mr. McGeary questions regarding the budget line item for fire litigation, $1 million, Mr. Deetjen replied that the subject case was taken care from the current fiscal year 2005 budget, which expires on September 30, 2005.  He said that the City

PUBLIC HEARINGS – 1st READING - CONTINUED

has yet to receive an order from the Court.  Upon receipt of an official order, and the charges are transmitted it would be taken care of.  The money would be transferred out of the general fund balance, which is un-obligated expenditures and revenues, and transferred to the legal department for distribution.

Mr. McGeary stated that if the litigation had not occurred, these monies would have appeared in the fiscal year 2005/2006 budget as surplus money and used to reduce the City’s rate. 

Mr. Deetjen stated that is not correct, and explained why.

Vice Mayor Gonot stated that the $1 million was undesignated funds and could have gone to renovations of a fire house or used as part of the City’s reserved.

Commissioner Poitier stated that it would not have been used to reduce the rate, because the City is below the fund balance.  She said that each year, it is her intent to be fiscally responsibility she would be in favor of raising the fund balance to a 15% level.  Example, a disaster like Hurricane Katrina could have also occurred here.  She said that these dollars would be used for a national disaster funds/undesignated funds.  She said that she does not agree with operating a budget with less than 10%; it is not a good fiscal policy.

Aaron Pritchion, Broward County Chapter of Acorn, thanked the Commission for allowing them to make a presentation.  He said that the organization assist individuals by educating them how to save money during the tax season and keep it in the local economy.  He requested that the Commission grant them $10,000 to help fund their outreach program.  He said that these funds would allow them to canvas the neighborhoods of Deerfield Beach six days a week, for approximately 5 months educating the citizens about the pit falls of refund and anticipation loans and other high price bank products.  In addition, they will prepare the tax return free of charge, and said money used to assist with other necessities.  He said that if the Commission cannot fund the full amount to consider $5,000.  He thanked the Commission for their assistance.

Mayor Capellini stated that the Commission did not fund this program.  He said that it is the City policy not to fund new organization, because it would continue to escalate the cost of the contributions that are being provided.

Commissioner Poitier stated that she spoke with Nicholas from Acorn, and advised him that it had not made the dead line, and that the Commission had spent many hours to decrease the budget.  She said that she would like to see the volunteer groups assist in this endeavor, along with the Family Success Centers with the EITC.  She said that

PUBLIC HEARINGS – 1st READING - CONTINUED

there is a need for this service in the community; and maybe next year the City will be able to assist. 

Ruth Cousin, Manager of the CVE/Deerfield Beach Symphony Orchestra, requested that the Commission consider increase their contributions for fiscal year 2005/2006 to $8,000 from $7,500.  She said that they provided two (2) free concerts at the Community Presbyterian Church and were well received by the residents and visitors.  She said that with the support of Reverend Dalton and the Community Presbyterian Church they will provide two free concerts again this season, January 23, 2006, very talented violinist, Ms. Mei Mei Luo, who will perform the Mendelssohn Violin Concerto, and the second concert on March 27^th with another very talented violinist, Leonid Sigal, who will perform the Beethoven Violin Concerto.   She invited all to attend these concerts.

She said that the 2006 Concerts would be dedicated in memory of the late Amadeo Trinchitella. 

Mayor Capellini advised that the Commission approved an amount of $7,500.

Diane Smith, Executive Director of the Broward Homebound Program, provided a brief report of how the City’s contribution has assisted the citizens in this community.  She thanked the Commission for its support.  She further stated that they have moved their office from Pompano Beach to Deerfield Beach.  Ms. Smith stated that this has been a difficult year; the state has not allowed them to add any additional clients to their case load in 2004 and 2005.  Nor are they allowing them to increase the case load in fiscal year 2006. Nor or they allowed to ask for additional services for the clients that are currently being served.  Their waiting list has increased dramatically, with over 323 Broward County residents waiting for in-home services.  Notwithstanding, there is no other agency in Broward County to provide these in-home services.  Leaving the people that they are serving, the only alternative is nursing home placement at a much higher expense to all of the residents here in Broward County.

Continuing, Ms. Smith requested an additional funding increase to $18,000 and urged the Commission to please grant the request to allow them to meet the needs of the citizens.  She said that they are grateful for the support and thanked the Commission for its assistance.

Mayor Capellini advised that the Commission approved $15,000 in contribution.

Ms. Smith stated that they had received $16,500 last year.

Jennifer Stewart, Women in Distress, thanked the Commission for its continued support.  Thereafter she gave a brief outline of the services that they provide.  She said that with the City’s contributions last year, they were able to provide safe shelter and supportive

PUBLIC HEARINGS – 1st READING - CONTINUED

services to eight moms and children from the City of Deerfield Beach that have come to seek safety and support.  She requested that they have been able to provide shelter and support to eight mothers, 19 residents with outreach supportive case management, as well as other services, totaling approximately $75,000 worth of services over the past year.  She asked that the Commission continue supporting them during fiscal year 2006.

Mayor Capellini said that he Commission approved $5,000 for Women in Distress for fiscal year 2006.

Marcus Valley, President of Deerfield Beach Little League, thanked the Commission for its continued support over the past 20 years.  He said that they hope to extend the program to the newly annexed area and other areas in Pompano Beach; and currently have approximately 350 and hope to extend to 450.   He requested $12,500 to fund Little League baseball.

Mayor Capellini advised that the Commission did grant the request of $12,500.

MOTION was made by Commissioner Poitier and Seconded by Commissioner Militello to close the public hearings for Items 1 and 2.  Roll Call: YEAS: Commissioner Militello, Commissioner Poitier, Commissioner Popelsky and Mayor Capellini.  NAYS:  None.  (Vice Mayor Gonot did not vote, he left the room temporarily)

Mr. Maurodis read that the City’s rollback rate is 5.4388; the percentage of increase over the rollback rate is 10.22% the millage rate to be levy.  The operating millage is 5.9949; debt service millage is .5051; total proposed millage is 6.500.  The rollback rate is defined as the operating millage rate that would generate the same operating ad valorem tax revenues as received the prior year.  The calculation does not include such items as any new construction and annexation which may have occurred since the prior year. 

Mayor Capellini stated that if the Commission approve the proposed millage rate tonight, at the first reading, it cannot go higher, it may go lower, but not higher.

Vice Mayor Gonot returned to the room, 8:25 p.m.

Mr. Maurodis further stated that the original Ordinance before the Commission had an operating millage rate of 6.1849; and the Ordinance that is being considered has an operating millage rate of 5.9949.

Prior to voting on the first reading, there was a brief discussion regarding the fire assessment fee.  Commissioner Poitier expressed concern that she is not in favor of increasing the fire assessment fee, but is in favor of the millage.

PUBLIC HEARINGS – 1st READING - CONTINUED

MOTION was made by Commissioner Popelsky and Seconded by Vice Mayor Gonot to approve Item 2, first reading.  Roll Call: YEAS: Commissioner Militello, Commissioner Poitier, Commissioner Popelsky, Vice Mayor Gonot and Mayor Capellini.  NAYS:  None.

             ITEM 2                                  TAPE 1, COUNT 2869

            P.H. 2005-307:  Ordinance 2005/ - AN ORDINANCE OF THE CITY OF DEERFIELD BEACH OF BROWARD COUNTY, FLORIDA, ADOPTING THE FINAL BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2005, AND ENDING SEPTEMBER 30, 2006.

The Ordinance was read by title only.

MOTION was made by Vice Mayor Gonot and Seconded by Commissioner Popelsky to approve Item 1, first reading.  Roll Call: YEAS: Commissioner Militello, Commissioner Poitier, Commissioner Popelsky, Vice Mayor Gonot and Mayor Capellini.  NAYS:  None.

             ITEM 3                                               TAPE 1, COUNT 2877

P.H. 2005-308:  Ordinance 2005/ - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH, FLORIDA, APPROVING A BUDGET FOR THE DEERFIELD BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2005, AND ENDING SEPTEMBER 30, 2006, AND PROVIDING FOR FUNDING THROUGH THE TAX INCREMENT INANCING AS SET FORTH IN PART III, CHAPTER 163, FLORIDA STATUTES.

The Ordinance was read by title only.

Carlos Baia, Economic Development Manager, stated that the CRA Budget was presented at the regular CRA meeting in August.  He said that at the September 20, 2005 CRA meeting the budget resolution will be presented to the Board.  He said that in the proposed CRA Budget for fiscal year 2005/2006 was a request for a project engineer; with a half a salary position; which was cut from the City’s general fund during the Commission’s workshop; therefore it will also be eliminated from the CRA budget.  Also being added was an additional $14,000 for contractual service, totaling to $264,000 for additional City Attorney cost.  The total budget is anticipated at $1,839,675.00.  He said that the funds for the deleted position will be transferred to the contingency line item, which is $664,897.00.

PUBLIC HEARINGS – 1st READING - CONTINUED

MOTION was made by Vice Mayor Gonot and Seconded by Commissioner Militello to close the public hearing.  Roll Call: YEAS: Commissioner Militello, Commissioner Poitier, Commissioner Popelsky, Vice Mayor Gonot and Mayor Capellini.  NAYS:  None.

MOTION was made by Vice Mayor Gonot and Seconded by Commissioner Militello to approve 1^st reading.  Roll Call: YEAS: Commissioner Militello, Commissioner Poitier, Commissioner Popelsky, Vice Mayor Gonot and Mayor Capellini.  NAYS:  None.

PUBLIC HEARINGS – 2^nd READING

             ITEM 4                                               TAPE 1, COUNT

            P.H. 2005-287: Ordinance 2005/ - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH REZONING A .54 ACRE PARCEL FROM RM-25 (RESIDENTIAL, MULTI-FAMILY) TO RM-10 (RESIDENTIAL MULTI-FAMILY), SAID PARCEL DESCRIBED AS LOTS 1, 2, AND 3, BLOCK 12 OF OCEAN VUE, LOCATED AT 261 NE 19^TH AVENUE; CONTAINING A PROVISION FOR REVISION OF THE CITY ZONING MAP; CONTAINING A SEVERABILITY CLAUSE; CONTAINING AN EFFECTIVE DATE. (tabled from August 16, 2005)

Gerald Ferguson, Director of Planning and Growth Management, requested that this item be stricken under approval of the agenda, and was granted the request.

 ITEM 5                                  TAPE 1, COUNT 2970

            Ordinance 2005/024 - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH, AMENDING SECTION 98-81 OF THE CITY CODE RELATING TO TREE PRESERVATION; REVISING REGULATIONS REGARDING PRESERVATION OF TREES AND REMOVING AND REPLACING TREES; PROVIDING FOR INCLUSION IN THE CITY CODE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE.

The Ordinance was read by title only.

Andrew Maurodis, City Attorney, stated that the proposed Ordinance is to show continuous compliance with the County’s regulation that the City is required to comply with. 

PUBLIC HEARINGS – 2^nd READING

MOTION was made by Vice Mayor Gonot and Seconded by Commissioner Militello to close the public hearing.  Roll Call: YEAS: Commissioner Militello, Commissioner Poitier, Commissioner Popelsky, Vice Mayor Gonot and Mayor Capellini.  NAYS:  None.

MOTION was made by Vice Mayor Gonot and Seconded by Commissioner Militello to adopt Ordinance 2005/024.  Roll Call: YEAS: Commissioner Militello, Commissioner Poitier, Commissioner Popelsky, Vice Mayor Gonot and Mayor Capellini.  NAYS:  None.

             ITEM 6                                              TAPE 1, COUNT 3002

            Ordinance 2005/025 - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH, FLORIDA, AMENDING SECTION 98-115 (1) OF THE CITY OF DEERFIELD BEACH LAND DEVELOPMENT CODE, RELATING TO THE PLANNING AND ZONING BOARD, TO INCLUDE A REPRESENTATIVE OF THE BROWARD COUNTY SCHOOL BOARD AS A NON VOTING MEMBER OF THE PLANNING AND ZONING BOARD; PROVIDING FOR INCLUSION IN THE CITY LAND DEVELOPMENT CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.

The Ordinance was read by title only.

There was no discussion on this item.

MOTION was made by Vice Mayor Gonot and Seconded by Commissioner Popelsky to close the public hearing.  Roll Call: YEAS: Commissioner Militello, Commissioner Poitier, Commissioner Popelsky, Vice Mayor Gonot and Mayor Capellini.  NAYS:  None.

MOTION was made by Vice Mayor Gonot and Seconded by Commissioner Militello to adopt Ordinance 2005/025.  Roll Call: YEAS: Commissioner Militello, Commissioner Poitier, Commissioner Popelsky, Vice Mayor Gonot and Mayor Capellini.  NAYS:  None.

             ITEM 7                                              TAPE 1, COUNT 3026

            Ordinance 2005/026- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH, FLORIDA, AMENDING SECTION 98-15 OF THE CITY OF DEERFIELD BEACH LAND DEVELOPMENT CODE, ELIMINATING CITY COMMISSION REVIEW OF CHANGE OF USE APPLICATIONS; PROVIDING FOR INCLUSION IN THE CITY LAND DEVELOPMENT CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.

The Ordinance was read by title only.

PUBLIC HEARINGS- 2^ND READING- CONTINUED

Amy Kay Tanner, 111 SE 5^th Avenue, Deerfield Beach, requested clarification of the proposed Ordinance.  She asked who would review the change of uses in lieu of the Commission.

Mayor Capellini replied staff will review the change of uses.

Andrew Maurodis, City Attorney, stated that by eliminating the Commission review would allow the process to be quicker and more efficient.

MOTION was made by Vice Mayor Gonot and Seconded by Commissioner Militello to close the public hearing.  Roll Call: YEAS: Commissioner Militello, Commissioner Poitier, Commissioner Popelsky, Vice Mayor Gonot and Mayor Capellini.  NAYS:  None.

Vice Mayor Gonot requested that the Commission be provided notification to address concerns if needed, especially for new businesses.

In response to Commissioner Militello’s question, Andrew Maurodis, City Attorney, replied that if it was an automobile dealership and the parking was the same and was a permitted use under the code, and met all requirements, it would not come before the Commission.  

Gerald Ferguson, Director of Planning and Growth Management, stated that if it was a conditional use the item would be reviewed by the Board of Adjustment. 

Mr. Maurodis further stated that if the applicant meets all the requirements, then as a matter of law and right they must be approved.

Mayor Capellini explained how changes of uses were initially placed on the agenda, relating to the Boston Market on Hillsboro Boulevard and Military Trail. 

Mr. Ferguson stated that his office receive change of uses on a daily basis; therefore, when the Commission receive the information, there is a possibility that the application would be processed.  He said that he would provide the Commission a weekly report in the CIL and requested that they respond quickly with concerns.

MOTION was made by Vice Mayor Gonot and Seconded by Commissioner Militello to adopt Ordinance 2005/026, with instruction to staff.  Roll Call: YEAS: Commissioner Militello, Commissioner Poitier, Commissioner Popelsky, Vice Mayor Gonot and Mayor Capellini.  NAYS:  None.

PUBLIC HEARINGS- 2^ND READING- CONTINUED

             ITEM 8                                              TAPE 1, COUNT 3251

            Ordinance 2005/027 - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH, AMENDING SECTION 98-101 RELATIVE TO SIGN SIZE LIMITATIONS FOR CLARIFICATION PURPOSES; AND AMENDING THE CITY OF DEERFIELD BEACH LAND DEVELOPMENT CODE, SECTIONS 98-45, 98-46, 98-47, 98-48, 98-49, 98-50, 98-51, 98-52, 98-52(A), 98-53, 98-53(A), 98-54, 98-55, 98-56, 98-57, 98-58, 98-59, 98-60, 98-61, AND 98-62 TO SPECIFICALLY STATE THAT NO SIGN SHALL BE CONSTRUCTED OR ERECTED WHICH IS HIGHER THAN THE TALLEST BUILIDNG ON THE SAME LOT OR HIGHER THAN THE MAXIMUM HEIGHT FOR A SIGN AS SET FORTH IN THE LAND DEVELOPMENT CODE, WHICHEVER IS LESS; PROVIDING FOR INCLUSION IN THE CITY CODE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.

The Ordinance was read by title only.

In response to Mayor Capellini’s question, Andrew Maurodis, City Attorney, that the proposed Ordinance provides extra protection in the event that the City’s sign code was challenged.  He said that there is a provision in the Code specifically limiting the height and size of signs, to possibly limit the ability of a billboard.

MOTION was made by Vice Mayor Gonot and Seconded by Commissioner Militello to close the public hearing.  Roll Call: YEAS: Commissioner Militello, Commissioner Poitier, Commissioner Popelsky, Vice Mayor Gonot and Mayor Capellini.  NAYS:  None.

In response to Commissioner Poitier’s question, Mr. Maurodis replied that the sign code is an Ordinance.  He said that the proposed Ordinance does not amend the sign Code but the land development code.

MOTION was made by Commissioner Poitier and Seconded by Commissioner Militello to adopt Ordinance 2005/027.  Roll Call: YEAS: Commissioner Militello, Commissioner Poitier, Commissioner Popelsky, Vice Mayor Gonot and Mayor Capellini.  NAYS:  None.

 ITEM 9                                  TAPE 1, COUNT 3344

            Ordinance 2005/023 - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH AMENDING THE DEERFIELD BEACH FUTURE LAND USE PLAN, AMENDING THE TEXT RELATED TO POLICY 2.1.1 RELATIVE TO PARKS AND OPEN SPACE

The Ordinance was read by title only.

PUBLIC HEARINGS- 2^ND READING- CONTINUED

Gerald Ferguson, Director of Planning and Growth Management, stated that the proposed Ordinance is a follow up of the Ordinance that was before the Commission at its August 16, 2005 meeting.  He said that this is a technicality that must be re-read for the text amendment relating to the recreation open space land use plan.

MOTION was made by Commissioner Militello and Seconded by Vice Mayor Gonot to close the public hearing.  Roll Call: YEAS: Commissioner Militello, Commissioner Poitier, Commissioner Popelsky, Vice Mayor Gonot and Mayor Capellini.  NAYS:  None.

MOTION was made by Commissioner Poitier and Seconded by Commissioner Militello to adopt Ordinance 2005/023.  Roll Call: YEAS: Commissioner Militello, Commissioner Poitier, Commissioner Popelsky, Vice Mayor Gonot and Mayor Capellini.  NAYS:  None.

QUASI –JUDICIAL PUBLIC HEARINGS

Andrew Maurodis, City Attorney, placed under oath all individuals that wish to speak on items 10 – 12, to include staff.

             ITEM 10                                    TAPE 1, COUNT 3401

            P.H. 2005-199:  APPLICATION 00-B1-150 REVISION 2

            Applicant:     JB’S ON THE BEACH, Mark Lotterman

            Proposal: Modification of an existing parking lot to construct a 6-foot high masonry wall and to revise the landscape area. Location: A 0.957-acre parcel described as Lots 8, 9, 10, 21, 22 and 23, Block 5 of OCEAN VUE, located at 301 N.E. 21^st  Avenue. (tabled from June 7, June 21, and August 16, 2005)

Andrew Maurodis, City Attorney, stated that this item was tabled, in addition at the August 16^th meeting the applicant requested to make two points: 1) dealing with a prior development agreement.  2) procedural point with how discussion was made relating to a major development review.  After discussion the decision was made to not re-open the quasi judicial hearing until proper notice was given, which was done.  Mr. Maurodis recommended that the Commission limit the matter to the two new points raised by the applicant and to allow the public or interested party to rebut. 

Glen Smith, representing JB’s on the Beach, stated that this is the fourth hearing on this matter.  He said that he raised an objection at the last meeting as to whether this should be a major site plan review or a minor.  He said that this issue was already addressed; therefore he would not address it tonight.  Continuing, Mr. Smith stated that he would like to discuss the issue of an agreement.  He said that at a previous meeting, Mr. Ferguson testified and evidence came before the Commission that the amended site plan complied

QUASI –JUDICIAL PUBLIC HEARINGS – CONTINUED

with the City’s code; therefore, the applicant should be able to change the landscape buffer to build a wall and a 5 foot landscape buffer, which is required by the Code.  He said that some of the participants from the public spoke at the meeting and raised the question whether there was an agreement in place between the parties, which affected the Commission’s decision making on the issue.  Mr. Smith said that no evidence was put into the record as to the existence of an agreement, but there was discussion of it and the Commission expressed concern regarding said agreement, although they objected and said that the Commission should not be enforcing a private agreement, but the Code.  After researching, they discovered that there is an existent written agreement between Tiara East Condominium and the prior owners of the subject parcel, and requested to distribute it to the Commission.

Tom Connick, presenting Charles and Phyllis Mavrikis objected to the agreement being distributed to the Commission for the following reasons.  1)   There is no authentication to the agreement. 2) Also in reviewing Mr. Smith’s documents he wish to present to the Commission to night, on its face the agreement is not complete.  He said that exhibits are not attached that are referenced in the agreement.  He further stated that Mr. Smith has an amendment to a land use agreement that refers to an Exhibit “C” which is an amendment declaration of covenant, there is no such exhibit.  Also there is a second amendment to the land use agreement, but has two paragraphs missing for that agreement.  He said that the paragraph jumps from 1 to 4; not showing 2 or 3.

In reviewing the agreement, Mr. Maurodis stated that the subject agreement is between Morgerman, O’Leary and Patel and Tiara East. 

Vice Mayor Gonot stated that Mayor Capellini left the room temporarily and asked the applicants if they wished to wait until he returned.

The applicants agreed to wait.

Mr. Maurodis stated that this is an agreement between two private parties and the City is not a party to this agreement, nor is JB’s on the Beach, although it is a success for an interest.  He asked Mr. Smith what was his purpose for submitting the agreement for evidence; and what would it prove to have this Commission determine that they should grant the site plan application amendment.

Mr. Smith replied that at the close of discussion at the first hearing where evidence was introduced, the issue was raised whether there was an agreement in place.

Mr. Maurodis clarified that there was questions made as to whether representations were made to the Commission and the Planning and Zoning Board.

QUASI –JUDICIAL PUBLIC HEARINGS - CONTINUED

Mr. Smith reiterated that question was also raised as to rather an agreement exist between Tiara East and MOP concerning the buffer area, and was the agreement in place and binding upon JB’s.

Mr. Maurodis stated that it is his opinion that the subject agreement is irrelevant, because the City Commission will not enforce it.  He said that they may find relevant the representations made to the Commission and the Planning and Zoning Board, minutes that were introduced, but not the agreement.  In summary, Mr. Maurodis rejected the request to submit the agreement into evidence, but stated that Mr. Smith can submit it for the record.

Mr. Smith stated the agreement is between Tiara East Condominium and MOP does not bind his client and was never recorded.  He said that the document is being held in escrow by Becker and Poliakoff to date.  Mr. Smith stated that there are conditions between the parties that had to be satisfied before the document became binding.  He requested that the agreement be marked as Item #1 for identification.

Mr. Connick stated that in June 2005 the process was followed and hearings were held by the Community Appearance Board, the Planning and Zoning Board and the City Commission.  He said that this matter is regarding six lots, more specifically two lots that abut Tiara East, lots 23 and 8, the City Commission, the aforementioned boards and the public were informed that the rezoning of lots 23 and 8, which were multi-family and the subject parking lot could not have been built unless there was a rezoning.  He said that the residents of Tiara East were told that there was going to be a 20 foot buffer; and many relied upon this buffer.  Now, JB’s has come on a technicality, on the one thing that was a benefit to the people, and attempt to change it to build a wall that no one wants, and to reduce the buffer from 20 feet to 5 feet is wrong.

James Higgins, 325 NE 20 ^th Avenue, Deerfield Beach, agreed with Mr. Connick’s comments.

Mr. Smith stated that Mr. Connick represented the Mavarikis, owners of a unit in Tiara East, who are represented by the Tiara East Board of Directors, and they are bound by the agreement that was submitted as identification #1.  He further stated that Board of Directors of Tiara East relied on some statements made, however, Tiara East had a written agreement; therefore, other things that are being relied upon that are not in the agreement should not be accepted.  In closing, Mr. Smith stated that the under Florida Law, if the proposed amended site plan complies with the City’s Code, then the City Commission has no discretion and must approve it.  He said that the Code allows the construction of a wall and a five foot landscape buffer, which is what the proposed site plan presents and said that his client is entitled to approval of their request.  Mr. Smith further stated that when his client appeared before the Commission in the fall with a minor site plan, which was supported by the Tiara East Board of Directors, a law suit was filed

QUASI –JUDICIAL PUBLIC HEARINGS - CONTINUED

that challenged the plan, by Mr. Connick on behalf of the Mavarikis, that left his client with no choice with trying to provide additional parking to address some of the parking and traffic concerns in this area.  He urged the Commission to please follow the law.

MOTION was made by Vice Mayor Gonot and Seconded by Commissioner Militello to close the public hearing.  Roll Call: YEAS: Commissioner Militello, Commissioner Poitier, Commissioner Popelsky, Vice Mayor Gonot and Mayor Capellini.  NAYS:  None.

Commissioner Militello expressed concern that Tiara East was promised some things that not only did they assume would be there, but also the surrounding community.   She said that although the property was sold, the new owners do not want to honor what was presented and agreed to by the people that live in Tiara East.  She said that JB’s Restaurant has created a lot of problems for that area, and now they are requesting that they be allowed to increase the number of parking spaces to address the parking concern.  She further stated that a parking garage has been built and it was her understanding that JB’s was going to lease some spaces in the parking garage.  Additionally, they are proposing to increase the number of valet parking spaces that would go back and forward across A1A, which would increase traffic problem.  She said that JB’s is sending a terrible statement to the residents from a business that wants to work within this community, and have adopted the attitude that they have.  She said that the neighborhood has been very accepting of the problems that the valet parking has caused in the area.   She said that it has been reported that the valet parking attendants click the key to find the car, by having the alarm to go off. 

Vice Mayor Gonot stated that the City Commission is in a situation where either side will sue, but this does come to a matter of law.  He said that when this matter was originally before the Commission, it was ideal that there was only one issue.  When MOP came before the then sitting Commission, they asked for three variances.  He questioned how this is addressed, because it was a package, an agreement for all three.  Now, the applicant is coming back and wants to go back to the letter of the law on only one of those variances.  The Commission at that time, that approved the request, approved all three.  Therefore, it appears that the applicant, although he bought the entity, is coming back and requesting another site plan approval. 

Mayor Capellini stated that he met with Mr. Boyle, his representative, and Mr. Connick regarding this matter and reviewed site plans.  He further stated that he met with Mr. Boyle’s parking experts, ESDA, on last week  to explain to him that they could not move the site over to gain additional parking spaces; which was indicated that it was more complicated than discussed and was not recommended.  Continuing, Mayor Capellini read an expert from minutes when this matter came before the Commission and his statements to Mr. Higgins, regarding the change of the site plan.  He said that JB’s may have the right to construct the wall; however, the Tiara East residents have made clear that they do not want the wall. 

QUASI –JUDICIAL PUBLIC HEARINGS - CONTINUED

In response to Mayor Capellini’s question, Andrew Maurodis, City Attorney, agreed with Mr. Smith, that the general rule is that if the site plan application meets all the requirements of the Code and there is no showing of any adversely to that, then the Court rules that it becomes an administrial responsibility and discretion vanishes.  Additionally, as indicated by Vice Mayor Gonot, that this is a matter where a rezoning site plan was applied for and required three variances; and were approved on that basis.  He said that they were not separate votes the site plan required three variances.  However, the applicant has taken out one of the variances to comply with the Code and is seeking the Commission’s approval.  He said that this is somewhat selective, and disagreed with Mr. Smith as to whether this is an absolute sure thing.  He said that that there was representation made, that are recorded in the minutes that indicated that there would be a 20 foot buffer and not a wall; with only one vote on the site plan plus three variance applications as a package.  Therefore, the Commission would have some discretion with regards to not allowing the package to be broken up. 

Commissioner Poitier stated that she too met with Mr. Boyle regarding this matter.  She said that when she spoke to the owners she asked what it would take to solve this matter and asked if anything has been done towards this effort.

Mr. Connick stated that he has sought to have a meeting and resolve this matter.  He further stated that it is his belief that JB’s has not been interested in resolving this matter.  As relating to the litigation, Mr. Connick stated that the 20 foot buffer should remain.  However, he does not have a problem dismissing the lawsuit as long as JB’s would drop the site plan it submitted last November.  He said that it is his opinion that this has been a tactic to enforce the dropping of the lawsuit.  Mr. Connick further stated that there was a meeting held with the residents to attempt to workout this matter.  He said that he would like to work out a resolution, as do Tiara East, the Mavriskis, and Mr. Higgins.  He suggested having a meeting with JB’s parking experts to discuss this matter. 

Discussion pursued regarding the parking, 20 foot landscape buffer and the wall being built.

In response to Mayor Capellini’s question, Mr. Smith stated that they are not willing to meet with Mr. Connick again.  He said that the variance that was before the Commission in the fall, allowed them to get the additional parking they thought they needed and to help the area, but also left approximately 10 or 11 feet of landscape buffer between Tiara East and their property.  This is not being challenged which is why they went back to the Code, itself.  He said that he is not certain that meeting with Mr. Connick again would help.  He asked that the Commission vote per the law, in their view that is no discretion.

After further discussion, Commissioner Poitier recommended that this matter be tabled until November 1, 2005. 

QUASI –JUDICIAL PUBLIC HEARINGS - CONTINUED

MOTION was made by Commissioner Poitier and Seconded by Commissioner Militello to table until November 1, 2005.  Roll Call: YEAS: Commissioner Militello, Commissioner Poitier and Commissioner Popelsky,  NAYS:  Vice Mayor Gonot and Mayor Capellini.

Andrew Maurodis, City Attorney, stated that Items 11 and 12 have no variances and if no one objects, and the applicants are willing to accept staff’s conditions, they can be voted in one vote.

             ITEM 11                                            TAPE 1, COUNT 5500

            P.H. 2005-313:  APPLICATION 05-I-91 AND CASE NO. 2023

            Applicant:     MEDICS AMBULANCE SERVICE, INC., by Mitchell Cohen

            Proposal: Seeking a site plan modification to designate an outdoor storage area for 15 ambulances; AND seeking CONDITIONAL USE approval in accordance with Section 98-56 (c)(1) of the Deerfield Beach Land Development Code in order to allow a transportation terminal consisting of ambulance service; AND seeking a TECHNICAL DEVIATION for 3 parking spaces in order to accommodate said business.  Location: A 3.6-acre parcel described as a portion of the INTERCENTER PLAT, located at 160 S.W. 12^th Avenue, Ste. 107A

ITEM 12                                   TAPE 1, COUNT 3253

            P.H. 2005-314:  CASE NO. 2027

Applicant:     MEDICS AMBULANCE SERVICE, INC., by Mitchell Cohen

Proposal: Seeking CONDITIONAL USE approval in accordance with Section 98-55(c)(1) of the Deerfield Beach Land Development Code in order to allow automotive repair; AND seeking a TECHNICAL DEVIATION for 16 parking spaces in order to accommodate said business to occupy space previously used as a commercial bakery (Rosario’s Corner Bakery). Location:         159 N.W. 1 ^st Street, Bay 1

MOTION was made by Vice Mayor Gonot and Seconded by Commissioner Militello to close the public hearing.  Roll Call: YEAS: Commissioner Militello, Commissioner Poitier, Commissioner Popelsky, Vice Mayor Gonot and Mayor Capellini.  NAYS:  None.

Commissioner Militello expressed concerns with the technical deviation for 16 parking spaces and asked the applicant if maintenance would be done on the vehicles at this location.

QUASI –JUDICIAL PUBLIC HEARINGS - CONTINUED

Mitchell Cohen stated that although the Ordinance allows for 16 parking spaces, they only need two (2) parking spaces.

Gerald Ferguson, Director of Planning and Growth Management, stated that the Ordinance requires that there be 18 spaces, and there is only 2. He said that automotive service requires a space for every 150 square feet.  The applicant is presenting that he is his own customers, and that they public does not come here; therefore, he controls how many vehicles that are there; therefore, he does not need the 16 extras spaces that the Code requires.

 In response to Commissioner Militello’s question, Mr. Cohen, applicant, replied that they should only have two vehicles parked outside at any time.  If they are working on a vehicle, it would be parked inside the bays, and they have three (3) bays.

There was no discussion on Item 11.

MOTION was made by Commissioner Poitier and Seconded by Commissioner Militello to approve items 11 and 12.  Roll Call: YEAS: Commissioner Militello, Commissioner Poitier, Commissioner Popelsky, Vice Mayor Gonot and Mayor Capellini.  NAYS:  None.

GENERAL ITEMS

             ITEM 13                                               TAPE 1, COUNT 5670

            Consideration to allow an accessory use determination – truck rentals as an accessory use to a self-storage facility – BMS Self-Storage Facility, 150 South Powerline Road.

Mayor Capellini asked if a truck rental accessory use to a self-storage facility is allowed.

Andrew Maurodis, City Attorney, stated that this item is before the Commission because he and Mr. Ferguson, Director of Planning and Growth Management, did not feel that they could opined that this use was permitted.  He said that the applicant requested to make a presentation to the Commission to get an interpretation because what they are suggesting is not a full truck rental facility but to allow a self storage facility to have a small number of trucks to rent to their customers. 

In response to Mayor Capellini’s question, Mr. Ferguson replied that they allow accessory uses at a customary incidental to the principal business.  He said that self storage is in B-2 zoning and is a conditional use; and one of the conditional uses in B-2 is not on self-storage and industrial or B-3 is that there be no other businesses licensed there.   Mr. Ferguson stated that the applicant has stated that this is a customary incidental accessory use.  He said that there are several self-storage facilities in the City

GENERAL ITEMS - CONTINUED

and none of them have truck rentals, therefore, he cannot say that in Deerfield Beach that is a customary incidental use.

Mayor Capellini asked how many self-storage facilities are located in Deerfield Beach.

Mr. Ferguson replied approximately 10 or more.

Mayor Capellini stated that if the Commission approves this request it would be setting a precedent for other self-storage facilities.  Mayor Capellini asked if this was a conditional use and requires a public hearing?

Mr. Ferguson replied that it is his opinion that it is not allowed.  

Dennis Mele, representing BMS Self-Storage Facility, stated that in their letter included in the Commission’s backup material, they have outlined what they are proposing to do which he highlighted.  1) There would be four (4) trucks.  2) The trucks are not rented to the public, but only made available to customers renting bays at the facility. This would allow them to rent the truck to move their belongings.  He said that the trucks are parked behind the wall under cover of the building and cannot be seen from the streets. 

Mayor Capellini stated that he experience an incident with Sure Guard Storage that also offered a truck to their customers to move their belongings to the bay(s).  He said that the City requested that they discontinue this service because it received complaints from other storage facilities in the City.

Ms. Mele stated that BMS Self Storage Facility has locations throughout South Florida and they routinely offer this service.  Mr. Mele further stated that Mayor Capellini was opposed to the facility when it was approved by the Commission, but the only issue is that they are requesting to place two trucks undercover and extend the rental of these trucks to their customers that do not have access to a truck.  He said that there will be no separate advertising.  No separate occupational license.  Mr. Mele requested that the Commission approve the request with these conditions so that they would not be allowed to put u-huals out front. 

Vice Mayor Gonot stated that it appears that this is a part of the operation for the customers and asked was there a demand of this service?

Mr. Mele replied that this facility located on Powerline Road and Hillsboro Boulevard has 900 bays, and the four (4) trucks are adequate.

Jay Shepario, Budget Mini-Storage, Miami, Florida, stated that they have 11 facilities and recently opened their 12^th facility in Cooper City.  He said that they have this type of truck rental in all of their facilities for their customers.  He said that they have been opened for 7months and the facility is 48% occupied. 

GENERAL ITEMS - CONTINUED

Mr. Mele suggested making the use of the truck(s) a part of the rental of the units and there not be a separate charge for the truck.  

Commissioner Poitier suggested that Mr. Mele consider an ancillary use of four trucks parked in the rear with no advertising on it. 

Mr. Mele agreed with Commissioner Poitier and requested the ancillary use for four trucks at 150 S. Powerline Road with no advertisement on the vehicles; and the condition that only be parked in the rear. 

Commissioner Militello asked if at the other BMS locations, how many trucks do they usually start out with, and if it would remain at the original requested amount.

Mr. Mele replied that the number that they originally request is the number they keep.  They do not expand. 

Commissioner Militello said she must agree with Mayor Capellini and expressed concern with setting a precedent. 

In response to Vice Mayor Gonot’s question, Mr. Mele replied that the resident nearby will not be able to see the trucks either. He said that that the trucks will not be visible from the roads or other perimeters of the property either.

Vice Mayor Gonot stated that he would not want this facility to look like an auto repair shop with trucks. 

Mayor Capellini stated that the Planning and Growth Management Director has advised that this type of business is not allowed, which is why it is before the Commission and does not understand how the Commission could rule like this. 

Mr. Maurodis suggested that if it is the Commission’s desire, to declare a zoning in progress and amend the cone for this particular section to impose these as absolute requirements.  As opposed to a policy they would be a requirement. 

Mayor Capellini requested that there be a public hearing on the code to allow the people to express their concern.

After further discussion, it was the consensus of the Commission to direct the City Attorney to draft an Ordinance to allow truck rentals as an accessory use to a self-storage facility to allow public input. 

GENERAL ITEMS - CONTINUED

  ITEM 14                                              TAPE 1, COUNT 6952

            Consideration to allow Golden Cockatoo Exotic Birds, 360-366 South Powerline Road, to store a POD container on their property to hold donations for the troops and K-9 units in Iraq and Afghanistan until September 19, 2005.

There was no discussion on this item.

MOTION was made by Commissioner Militello and Seconded by Commissioner Poitier approve item 14.  Roll Call: YEAS: Commissioner Militello, Commissioner Poitier, Commissioner Popelsky, Vice Mayor Gonot and Mayor Capellini.  NAYS:  None.

              ITEM 15                                           TAPE 1, COUNT 6998 and TAPE 2

            Resolution 2005/156 - A Resolution authorizing the purchase of curbside carts from Toter Incorporated, pursuant to the terms and conditions of the Houston-Galveston Area Council Cooperative Purchasing Program (Contract GC0-1-05), for a total cost not to exceed $141,244.86.

In response to Commissioner Poitier and Commissioner Militello’s question, Larry Deetjen, City Manager, explained that the curbside carts are garbage containers that are provided to the residents, and are budgeted annually to provide carts throughout the city. 

MOTION was made by Commissioner Poitier and Seconded by Commissioner Popelsky to adopt Resolution 2005/156.  Roll Call: YEAS: Commissioner Militello, Commissioner Poitier, Commissioner Popelsky, Vice Mayor Gonot and Mayor Capellini.  NAYS:  None.

ITEM 16                                             TAPE 2, COUNT 21

            Consideration to replace a blinking traffic signal in front of the USA Parking Garage and Island Water Sports with two poles mounted pedestrian warning signs with flashing lights (one in each direction).

In response to Mayor Capellini’s question, Carlos Baia, Economic Development Manager, replied that this request is apart of the S-curve improvement project.  They are attempting to eliminate the pole that is stuck in the middle of the new sidewalk.

GENERAL ITEMS - CONTINUED

MOTION was made by Commissioner Popelsky and Seconded by Commissioner Militello to approve Item 16.  Roll Call: YEAS: Commissioner Militello, Commissioner Poitier, Commissioner Popelsky, Vice Mayor Gonot and Mayor Capellini.  NAYS:  None.

ITEM 17                                 TAPE 2, COUNT 45

            Consideration to appoint a voting delegate and alternate for the National League of Cities’ Annual Business Meeting on Saturday, December 10, 2005 at the Congress of Cities in Charlotte, North Carolina.

Mayor Capellini stated that he will be attending the National League of Cities’ Annual Business Meeting in Charlotte, North Carolina and would like to be appointed as a voting delegate.

Commissioner Poitier recommended that Mayor Capellini be appointed as voting delegate and Vice Mayor Gonot as alternate.

Vice Mayor Gonot stated that he is not certain if he will be attending and suggested that an alternate be appointed closer to the time of the conference.

MOTION was made by Commissioner Poitier and Seconded by Vice Mayor Gonot to appoint Mayor Capellini as delegate.  Roll Call: YEAS: Commissioner Militello, Commissioner Poitier, Commissioner Popelsky, Vice Mayor Gonot and Mayor Capellini.  NAYS:  None.

 ITEM 18                                TAPE 2, COUNT 76

            Resolution 2005/ - A Resolution approving an agreement with Richard Mancini Equipment Company for repairs of the Pioneer Park Play Center.

Vice Mayor Gonot asked if this was the only proposal received for the repairs of the playground at Pioneer Park.

Larry Deetjen, City Manager, replied that he is not certain if another proposal was received.  However, Vince Kendrick, Director of Parks and Recreation, has recommended that Richard Mancini Equipment Company be awarded the contract.  He said this was due the emergency work that Mr. Mancini repairs on the pier due to an emergency basis and the rates that are competitive.  

Vice Mayor Gonot requested that the Administration secure another quote.

GENERAL ITEMS - CONTINUED

Commissioner Militello expressed concern that other companies in the community are not given an opportunity to submit a proposal for this project in the City.        

It was the consensus of the Commission to direct the Administration to provide additional bids. 

 ITEM 18A                             TAPE 2, COUNT 112

Consideration to direct staff to proceed with amendments to the permissible uses for Industrial zoning to allow the Velocity Sports Performance Center.

Vice Mayor Gonot stated that he provided the Commission with a package on yesterday that was submitted by Velocity Sports Performance Center. 

In response to Mayor Capellini’s question, Andrew Maurodis, City Attorney, replied that this would allow the Administration to provide an amendment to the Industrial zoning to allow a type of use that is provided by Velocity Sports Performance Center.

Vice Mayor Gonot stated that the location is the east side of Powerline Road on the southeast quadrant of Powerline Road and SW 10^th Street. 

Mayor Capellini asked does it meet the parking requirements.

Mr. Maurodis replied that specific requirements would be created for this use.

MOTION was made by Vice Mayor Gonot and Seconded by Commissioner Poitier to approve Item 18A.  Roll Call: YEAS: Commissioner Militello, Commissioner Poitier, Commissioner Popelsky, Vice Mayor Gonot and Mayor Capellini.  NAYS:  None.

CONSENT AGENDA

                        ITEM 19                                  TAPE 2, COUNT 179

            Resolution 2005/157 - A Resolution approving an amendment to the agreement between the City of Deerfield Beach and the Deerfield Beach Firefighters and Paramedic Union Local 1673. (tabled from August 16, 2005)

CONSENT AGENDA - CONTINUED

ITEM 20                                 TAPE 2, COUNT 182

            Ordinance 2005/ - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH VACATING AND ABANDONING A 24-FOOT WIDE ACCESS EASEMENT DESCRIBED AS A PORTION OF PARCELS A AND B, MACHLER PLAT; DETERMINING THE NECESSITY THEREFORE; AND DIRECTING THAT A COPY HEREOF BE FILED WITH THE PROPERTY APPRAISER’S AND COUNTY RECORDER’S OFFICES IN AND FOR BROWARD COUNTY, FLORIDA

             ITEM 21                                  TAPE 2, COUNT 

            Consideration to enter into an Agreement for Representation with Disability Assistance, Inc. to provide continuing ADA consulting services to Deerfield Beach to meet the terms of the Settlement Agreement in the recent Title II lawsuit.

 ITEM 22                                            TAPE 2, COUNT 210

            Resolution 2005/158 - A Resolution creating a Memorial Committee for the purpose of naming City streets and parks.

Commissioner Poitier requested that the Commission consider appointing Amy Tanner to the Memorial Committee as the representative for the Historical Society, as the convener.

Andrew Maurodis, City Attorney, suggested that the Commission adopt the resolution creating the board, and then adopt resolution appointing members to the board, like Amy Tanner.

Commissioner Poitier stated that she would like to adopt a resolution appointing Amy Tanner as the convener of the Memorial Committee.  She said that Mrs. Tanner has been a part of the community for many years.

Mr. Maurodis recommended that the resolution be amended to include Commissioner Poitier’s request appointing Amy Tanner as the convener of the meeting. 

MOTION was made by Commissioner Poitier and Seconded by Vice Mayor Gonot to adopt Resolution 2005/158 as amended.  Roll Call: YEAS: Commissioner Militello, Commissioner Poitier, Commissioner Popelsky, Vice Mayor Gonot and Mayor Capellini.  NAYS:  None.

CONSENT AGENDA – CONTINUED

In response to Commissioner Poitier’s question, Mr. Maurodis replied that the Memorial Committee will consist of seven (7) members: 5 members the Mayor and each Commissioner appointment, 1 at large member and the appointment representing the Historical Society.

Commissioner Poitier also requested that the Commission consider appointing Flora Philpart, retired BSO Deputy, as the at large member.

MOTION was made by Commissioner Poitier and Seconded by Vice Mayor Gonot to appoint Flora Philpart as the at large member to the Memorial Committee.  Roll Call: YEAS: Commissioner Militello, Commissioner Poitier, Commissioner Popelsky, Vice Mayor Gonot and Mayor Capellini.  NAYS:  None.

                         ITEM 23                                            TAPE 2, COUNT 185

            Ordinance 2005/ - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH, FLORIDA, RE-ESTABLISHING A COMMUNITY RELATIONS BOARD FOR THE CITY OF DEERFIELD BEACH, REPEALING THE PRIOR ORDINANCES RELATING TO COMMUNITY RELATIONS BOARDS, AS SET FORTH IN CITY CODE SECTION 2-81 THROUGH 2-87, AND ORDINANCE NO. 2004/015; CONTAINING A PROVISION FOR INCLUSION IN THE CITY CODE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.

 ITEM 24                                            TAPE 2, COUNT 188

            Resolution 2005/159 - A Resolution urging FP&L to review and make improvements to their emergency response system to respond to future storm related incidents.

 ITEM 25                                TAPE 2, COUNT 190

            Resolution 2005/160 - A Resolution authorizing the Second Amendment to the Interlocal Agreement for creation of the Broward County Metropolitan Planning Organization.

CONSENT AGENDA – CONTINUED

ITEM 26                                             TAPE 2, COUNT 192

            Resolution 2005/161 - A Resolution authorizing the Mayor to enter into a Joint Participation Agreement with the Florida Department of Transportation for the funding of traffic operational improvements at the intersection of Hillsboro Boulevard and Century Boulevard – City Project No. 11124-P.

 ITEM 27                                            TAPE 2, COUNT 194

            Resolution 2005/162 - A Resolution authorizing the Mayor to enter into a Joint Participation Agreement with the Florida Department of Transportation for the funding of traffic operational improvements at the intersection of Hillsboro Boulevard and Goolsby Boulevard – City Project No. 11125-P.

                           ITEM 28                              TAPE 2, COUNT 195

            Ordinance 2005/ - AN ORDINANCE REGARDING BACKFLOW PREVENTOR RE-CERTIFICATION FEE FOR COMMERCIAL ESTABLISHMENTS.

 ITEM 29                                              TAPE 2, COUNT 197

            Consideration to transfer $90,000.00 from the Contingency fund to replace an emergency lift station.

                       ITEM 30                                                 TAPE 2, COUNT 204

            Resolution 2005/163 - A Resolution confirming the appointment of John Lucas to the Firemen’s Pension Trust Fund.

There was no discussion on Items 19-21 and 23-30

MOTION was made by Commissioner Poitier and Seconded by Vice Mayor Gonot to approve the Consent Agenda, Items 19-21 and 23-30.  Roll Call: YEAS: Commissioner Militello, Commissioner Poitier, Commissioner Popelsky, Vice Mayor Gonot, and Mayor Capellini.  NAYS:  None.

ADMINISTRATIVE ACTIONS AND CITY MANAGER COMMENTS

City Manager – No Report.

City Attorney –  No Report.

City Clerk – No Report.

COMMENTS BY MAYOR AND COMMISSIONERS

Commissioner Militello – Commend Staff for Cleanup of Hurricane Debris – Commissioner Militello thanked the City employees for cleaning up the area after Hurricane Katrina.  She also encouraged all to join the CERT, Citizen Emergency Response Team; especially after witnessing the devastation in New Orleans as a result of Hurricane Katrina.  She encouraged people from all neighborhoods to join the CERT Program. 

Commissioner Poitier  -  No Report. 

Commissioner Popelsky – Budget Workshops -  Commissioner Popelsky commended the City Administration and staff for their assisting him during the budget process.  He said that they are very professional and put in many hours to put the budget together. 

Vice Mayor Gonot  - MPO Ranking Deerfield Beach Hillsboro Canal Trail and Pioneer Park Green Trail – Vice Mayor Gonot stated that he received material for the MPO meeting that will be held on Thursday morning.  He said that the agenda would include ranking of enhancement projects.  There are two projects for the City of Deerfield Beach and he requested direction from the Commission.  He said that the Hillsboro Canal Green Trail Project will go from Pioneer Park to Villages of Hillsboro Park.  He said that there is a homeowner association that does not concur with the project.  Also there are two homeowners associations, Verona of Deer Creek and Validesta of Deer Creek do not have knowledge of the project and suggested that the Commission not move forward with.  This project is for $500,000.   Vice Mayor Gonot stated that the other project is the Beautification on Dixie Highway for landscaping that was for $500,000, but was lacking some information on the material submitted.  He suggested that the Commission move forward with this project. 

In response to Mayor Capellini’s question, Vice Mayor Gonot stated that the Hillsboro Canal Green Trail Project is ranked 10^th and the Beautification on Dixie Highway was ranked 20^th.

In response to City Manager Larry Deetjen’s question, Vice Mayor Gonot replied that it appears that there may be funding for the first 15 projects; but this depends on the dollar amount.  He said that he was not certain what was allocated for the enhancement projects.  Nevertheless, they go down the list until the amount is consumed.

COMMENTS BY MAYOR AND COMMISSIONERS - CONTINUED

Discussion pursued and Vice Mayor recommended that the Beautification of Dixie Highway project be moved up to number 10; and was agreed to amongst the Commission. 

Letter from Fire Chief Gary Lother  - Vice Mayor Gonot commented on the letter he received from Fire Chief Gary Lother regarding comments he made during the budget workshop hearings, specifically managing the department like a drunken sailor.  He read a prepared statement saying that the comment was taken out of context.   He said that it was an expression he used and not a comment demeaning Chief Lother’s character. His comment was “spending like a drunken sailor.” Vice Mayor Gonot said he was not insulting the Chief’s character. Nonetheless, he will respond to the Chief’s memo in writing. 

Mayor Capellini – No Report.

PUBLIC TO BE HEARD

CodeRed Alert System – Carol Berner, Century Village, thanked the Commission for the CodeRed Alert System that was used to send out messages regarding Hurricane Katrina.  She further expressed concerns regarding the situation in New Orleans, Louisiana, Alabama and Mississippi and stated that she hope that the City would be prepared to respond to a storm of this magnitude.  She urged the Commission to work together in its efforts and not as individuals.

Additionally, Ms. Berner requested an update on the shelter for the City.

Mayor Capellini stated that Temple Beth Israel has requested that he look at their recreation facility on a professional basis, as an engineer.  He said that the Commission is seeking to provide shelter. 

Ms. Berner asked that there be a coordinated effort in preparing for emergency disaster and that the City not be caught off guard. 

Mayor Capellini stated that he accepted an award at the Hilton Hotel on Canal Street in New Orleans on behave of the City of Deerfield Beach, for a Hurricane Preparedness Award in 2000.  He said that the City has been coordinating its efforts since Project Impact.  He referenced articles that were written stating that the City of New Orleans was not prepared for such disaster.  Mayor Capellini further stated that the City of Deerfield Beach received funding from the federal government to shelter residents homes, under Project Impact to help prepare for disaster.  He said that he also testified before Congress under the guidance of James Lee Whitt, to prepare for disasters.

COMMENTS BY MAYOR AND COMMISSIONERS - CONTINUED

CodeRed System - Gwyndolen Clarke-Reed, 1430 SW 6^th Way, stated that she spoke with Mr. Deetjen earlier regarding many homes that did not receive the CodeRed message, hers is being one of them. She suggested that the Commission provide more outreach to the community to encourage everyone to register if they are not receiving the CodeRed messages.  She said that it appears that the message is not being received if a block is on an individual phone. She asked that they consider upgrading the system. She also asked that the local media consider printing the form as well. She further suggested that the students be offered community service hours to input data in the system to register them.

Vice Mayor Gonot suggested possibly inserting the form in the water bill.

Commissioner Poitier stated that she met with Jim Mathie and Ron Dearing, National Safety Council, regarding the CERT Program.  She encouraged residents, specifically African Americans to join the program to assist in responding to disasters.  She also commented about the City flood zone. She requested Mayor Capellini’s assistance in soliciting the Corp of Engineering to identify the flood zone.

Continuing, Commissioner Poitier advised former Commissioner Clarke-Reed that earlier during tonight’s meeting the Commission identified three locations that are receiving donations for the hurricane victims.  She further requested that donations be made for the Hurricane Katrina Relief to be given to charities.  She said that she is supporting Tom Journey to assure that the victims receive the funding.

Maureen Kennedy stated that she attended the Kiwanis meeting today and they agreed to collect donations at the Broward County Fair, which would be donated to the Tom Journey Organization to assist the victims of Hurricane Katrina.

CERT Program – Robert Potter, stated that they have members of the CERT Program that reside in the newly annexed area, some being African American.  He further commented that he too did not receive a message from the CodeRed System.

ADJOURNMENT

There being no further business, the meeting was adjourned at 10:50 p.m.

                                                                                                                                                                                                                                    _________________________________

ALBERT R. CAPELLINI, P.E., MAYOR

ATTEST:

______________________________________

ADA GRAHAM-JOHNSON, CMC, CITY CLERK