CityWatch | COMMISSION MEETING 01.04.00

REGULAR MEETING OF THE CITY OF DEERFIELD BEACH

CITY COMMISSION

Tuesday, January 4, 2000 7:00 P.M.

The meeting was called to order at 7:08 P.M. by Mayor Capellini on the above date in the City Commission Room, City Hall.

Roll Call showed:	

Present:

Commissioner Kathy Shaddow

Commissioner Gwyndolen Clarke-Reed

Vice Mayor Peggy Noland

Mayor Albert Capellini

Absent:

Commissioner Amadeo Trinchitella

Also Present:

City Attorney Andrew Maurodis

City Manager Larry Deetjen

City Clerk Felicia Bravo

INVOCATION AND PLEDGE OF ALLEGIANCE

The invocation was offered by Minister Kelly Nevius, New Covenant Church, followed by the Pledge of Allegiance to the flag.

APPROVAL OF MINUTES

There was none.

ACKNOWLEDGEMENT OF BOARD MINUTES

Community Appearance Board – November 17, 1999.

PRESENTATIONS

COMMUNITY IMPROVEMENTS VIDEO

There was a short video showing City of Deerfield Beach employees on the job, the new Deerfield Beach Tri-Rail Station and the Westside Park Christmas pageant.

BROWARD LEAGUE OF CITIES MILLENNIUM DAY PROCLAMATION

Commissioner Noland accepted the proclamation on behalf of the Broward League of Cities.

CERTIFICATE OF ACHIEVEMENT – MARGE STAFFORD, JM FAMILY ENTERPRISES,

Marge Stafford received a certificate of achievement for being chosen an Outstanding Mentor at the 1999 Project Impact Summit. Ms. Stafford thanked the Commission.

CERTIFICATE OF APPRECIATION – JAY JASKIEWICZ, PUBLIX PLANT MANAGER

Jay Jaskiewicz, Publix Plant Manager, received a certificate of appreciation for hosting a senior management team meeting on December 8, 1999. City Manager Deetjen commented that once a month the management team visits Deerfield Beach corporations and holds a staff meeting at that location.

CERTIFICATES OF APPRECIATION – RECOGNITION OF THOSE INVOLVED IN CONSTRUCTING THE PIONEER HOUSE

Certificates of Appreciation were given to Charlie James, John Melton, Dennis Booth, Ken Hastings, Bruce Dooley, Gary Propps, Don Green, Craig Connor, Nancy Ruback, Fred Scott, Roland Dominquez, Landon Kennedy, Steve Datzyk, Darryl Simpson, Scott Vogel, and George Tyson in recognition of their involvement in constructing the Pioneer House for the 75th Anniversary Documentary.

CERTIFICATES OF ACHIEVEMENT – PUBLIC WORKS GROUNDS MAINTENANCE AND LIFEGUARD STAFF

Public Works Grounds Maintenance and Lifeguard staff were given certificates of achievement for their contribution in the City’s achieving the 1999 Blue Wave Award.

CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING

Finance Director Dave Bok and Assistant Finance Director Sally Siegel were given a Certificate of Achievement for Excellence in Financial Reporting by the Government Finance Officers' Association of the United States and Canada.

WRITTEN REQUEST TO ADDRESS THE COMMISSION

WAIVER OF FEES FOR FOUNDERS' DAY 2000

Will Derian requested the City Commission waive permit fees for Founders’ Days 2000 which will be held February 17 - 20, 2000.

A motion to approve the waiving of fees for permits made by Commissioner Shaddow was seconded by Commissioner Noland. Roll call showed: YEAS: Commissioners Shaddow and Clarke-Reed, Vice Mayor Noland and Mayor Capellini. NAYS: None.

DISCUSSION OF RIVIERA APARTMENTS

Mayor Capellini announced that an anonymously written flyer was being circulated through the community regarding the Riviera Apartments also known as Florida House at 809 SE 5 Court. The City of Deerfield Beach is investigating the apartment complex due to complaints that it is a halfway house. To date, the city has not been able to find that the complex is supported by federal, state or county subsidies or that it provides programs such as drug treatment for the tenants. The landlord is scheduled to appear before the Code Enforcement Board to answer questions regarding deficiencies of the property.

PUBLIC HEARINGS – CHANGE OF USE

MICRO DATA SOLUTIONS GROUP, INC.

Mayor Capellini advised this was the time and place scheduled for a public hearing on the following:

Change of use from warehousing and storage to computer sales at 270 Lock Road.

Legally advertised Sun–Sentinel - January 1, 2000

A motion to close the public hearing made by Commissioner Noland was seconded by Commissioner Clarke-Reed. Roll call showed: YEAS: Commissioners Shaddow and Clarke-Reed, Vice Mayor Noland and Mayor Capellini. NAYS: None.

A motion to approve made by Commissioner Noland was seconded by Commissioner Clarke-Reed. Roll call showed: YEAS: Commissioners Shaddow and Clarke-Reed, Vice Mayor Noland and Mayor Capellini. NAYS: None.

SAWGRASS PROMENADE

Mayor Capellini advised this was the time and place scheduled for a public hearing on the following:

Change of use from retail store to take-out Chinese restaurant at 1311 South Military Trail.

Legally advertised Sun–Sentinel - January 1, 2000

OTI PHARMACY AND POSTAL SERVICES

Mayor Capellini advised this was the time and place scheduled for a public hearing on the following:

Change of use from retail store to pharmacy, dispensing prescriptions, postal services, coffee bar and cigarette sales at 821 South Federal Highway.

Legally advertised Sun–Sentinel - January 1, 2000

JOHN A. GAMBARDELLA, CPA

Mayor Capellini advised this was the time and place scheduled for a public hearing on the following:

Change of use from advertising agency to accounting firm at 201 SE 15th Terrace, Suite #208.

Legally advertised Sun–Sentinel - January 1, 2000

MOGERMAN, O’LEARY, AND PATEL II

Mayor Capellini advised this was the time and place scheduled for a public hearing on the following:

Change of use from savings and loan to business office at 301 NE 21st Avenue

Legally advertised Sun–Sentinel - January 1, 2000

QUESTRON DISTRIBUTION LOGISTICS

Mayor Capellini advised this was the time and place scheduled for a public hearing on the following:

Change of use from unclassified 4 and manufacturing to distributor of fasteners and electronic hardware at 1650 South Powerline Road, Suite D.

Legally advertised Sun–Sentinel - January 1, 2000

HOME DISCOUNT CENTER, INC.

Mayor Capellini advised this was the time and place scheduled for a public hearing on the following:

Change of use from printer to retail store providing retail services to the public at discounted prices at 3376 West Hillsboro Blvd.

Legally advertised Sun–Sentinel - January 1, 2000

THE KIELY AGENCY

Mayor Capellini advised this was the time and place scheduled for a public hearing on the following:

Change of use from printer to advertising agency at 588 NW 12th Avenue.

Legally advertised Sun–Sentinel - January 1, 2000

LABOR READY, INC.

Mayor Capellini advised this was the time and place scheduled for a public hearing on the following:

Change of use from second hand clothes to employment agency at 175 West Hillsboro Blvd.

Legally advertised Sun–Sentinel - January 1, 2000

ALL STAR GOLF COMPANY

Mayor Capellini advised this was the time and place scheduled for a public hearing on the following:

Change of use from business office and food processing to authorized Ez-Go golf car dealer at 104 SE 5th Court.

Legally advertised Sun–Sentinel - January 1, 2000

IDX SYSTEMS CORPORATION

Mayor Capellini advised this was the time and place scheduled for a public hearing on the following:

Change of use from business office to computer software development for the health care industry at 800 Fairway Drive.

Legally advertised Sun–Sentinel - January 1, 2000

FOUNTAIN DESIGN GROUP, INC.

Mayor Capellini advised this was the time and place scheduled for a public hearing on the following:

Change of use from distributor to construction and service of floating fountains at 465 Goolsby Blvd.

Legally advertised Sun–Sentinel - January 1, 2000

JOHN SAUER

Mayor Capellini advised this was the time and place scheduled for a public hearing on the following:

Change of use from artist to general contractor at 1342 SW 1st Way.

Legally advertised Sun–Sentinel - January 1, 2000

ACCENT ON INTERIORS WORKROOM, INC.

Mayor Capellini advised this was the time and place scheduled for a public hearing on the following:

Change of use from electric contractor to manufacturer and repair of draperies, cushions and pillows and repair of upholstery at 436 South Military Trail.

Legally advertised Sun–Sentinel - January 1, 2000

KORAL AMERICA CORP.

Mayor Capellini advised this was the time and place scheduled for a public hearing on the following:

Change of use from real estate broker to export/import transaction broker at 1500 SE 3rd Street, Suite #210.

Legally advertised Sun–Sentinel - January 1, 2000

PUBLIC HEARINGS

APPLICATION 99-A-147 – PAUL PERKINS

Mayor Capellini advised this was the time and place previously scheduled for a public hearing on the following:

Continued from November 16, 1999 meeting and December 7, 1999 meetings. To vacate and abandon a portion of a 12-foot wide utility easement at 750 East Hillsboro Boulevard.

Legally advertised – October 24, 1999.

City Attorney Maurodis read the following ordinance in written form by title only:

ORDINANCE NO. 1999/026

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH VACATING AND ABANDONING A PORTION OF A 12-FOOT WIDE UTILITY EASEMENT DESCRIBED AS THE WEST 6 FEET OF LOT 1, TOGETHER WITH THE EAST 6 FEET OF LOT 20, BLOCK 2 OF DEERFIELD BEACH ESTATES; 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

Director of Planning and Growth Management Gerald Ferguson stated that it is an unused easement and was approved by the Development Review Committee.

A motion to approve made by Commissioner Shaddow was seconded by Commissioner Noland. Roll call showed: YEAS: Commissioners Shaddow and Clarke-Reed, Vice Mayor Noland and Mayor Capellini. NAYS: None.

QUASI-JUDICIAL HEARINGS

APPLICATION 99-RSO-14 AND CASE NO. 1694 – PAUL PERKINS

Mayor Capellini advised this was the time and place scheduled for a public hearing on the following:

Continued from November 16, 1999 meeting and December 7, 1999 meetings. To construct a 4,200 square-foot two-story office building; AND seeking four (4) variances as follows: 1) to allow construction of a 4,200 square-foot building 2) to provide a 4-foot landscape buffer along Hillsboro Boulevard 3) to provide parking spaces that are 18.5 feet in length; and 4) to erect a trellis structure which will be located 9 feet from the corner street side property line at 750 East Hillsboro Boulevard.

Legally advertised – October 24, 1999.

Mr. Ferguson advised that at the applicant's request, the item be continued to the next meeting.

Motion to continue to January 25, 2000 made by Commissioner Shaddow was seconded by Commissioner Clarke-Reed. Roll call showed: YEAS: Commissioners Shaddow and Clarke-Reed, Vice Mayor Noland and Mayor Capellini. NAYS: None.

CASE 1699 – VALERIE GILLION

Mayor Capellini advised this was the time and place scheduled for a public hearing on the following:

Continued from December 7, 1999 meeting. Seeking conditional use approval to allow a private club in the B-1 zoning district; and seeking change of use approval from retail store to private club at 286 S. W. 1st Terrace, #116.

Legally advertised – October 24, 1999.

Bruce Parpell, speaking on Valerie Gillion's behalf, said that a private organization wanted to use this property to meet about cleaning up the neighborhood.

Mr. Ferguson reminded the Commission that this was a conditional use approval and a change of use, which meant that the applicant had to meet certain criteria to the Commission's satisfaction for approval. He commented that the Commission's back-up packet contained little information about the organization and its intentions other than the property was to be used as a social hall. He then directed the Commission's attention to a report submitted by the Chief George Brennan, BSO District X, relating to a high amount of call for service activity to this property. Based on the occupational license form and the BSO report, staff recommended to deny the application because the basis for conditional use had not been met.

A motion to close the public hearing made by Commissioner Noland was seconded by Commissioner Shaddow. Roll call showed: YEAS: Commissioners Shaddow and Clarke-Reed, Vice Mayor Noland and Mayor Capellini. NAYS: None.

Commissioner Clarke-Reed told the applicant that based on the BSO report she could not allow the organization to open at that site. She asked that the group continue its search for an alternative location.

Mr. Parpell inquired as to the process once a new location was found.

Commissioner Clarke-Reed responded he would have to come before the Commission once again for approval.

Mr. Parpell commented that it would be difficult for the group to come up with the $175 application fee and requested that it be waived.

A motion to deny and waive a future application fee made by Commissioner Clarke-Reed was seconded by Commissioner Shaddow. Roll call showed: YEAS: Commissioners Shaddow and Clarke-Reed, Vice Mayor Noland and Mayor Capellini. NAYS: None.

APPLICATION 89-B1-91 REVISION 2 AND CASE NO. 1695, MURPHY’S RANCH HOUSE BY DONALD E. BRYAN

Mayor Capellini advised this was the time and place scheduled for a public hearing on the following:

To add 120 square feet to the existing deck and to convert the existing wood walkway to the south of the building to a 420-square foot outdoor customer service area; and seeking conditional use approval per Section 98-53(c)(3)(p) of the Deerfield Beach Land Development Code for outdoor seating in excess of two for a restaurant; and seeking a technical deviation for parking for 7 parking spaces per Section 98-88(q)(iv) of the Deerfield Beach Land Development Code on a .422-acre parcel described as Lots 34 and 35, the North ½ of Lot 36, Lots 72 and 73, and the North ½ of Lot 74, Block 1 of Long’s Pleasant Beach, more particularly described in the file, located at 234 North Ocean Boulevard.

Legally advertised - December 26, 1999

Mr. Ferguson explained the application was for a revision to an existing site plan to add 120 square feet of deck to the east side of the building and to convert the existing deck on the south side to customer service area. This would require seven additional parking spaces. The applicant has agreed to enter into a developer's agreement for a technical deviation at a cost of $6,000.00 per space. The application was approved by the Development Review Committee, Community Appearance Board and the Planning and Zoning Board.

Ms. Lois Pallaria advised that she and her husband owned the Ranch House and were in the process of rearranging the seating and are adding no space to the south side of the building. On the east side of the building, no space was being added, but they were replacing the wooden deck destroyed by Hurricane Irene. They are recouping the 22 spaces they lost by closing the breakfast bar and moving them to the outside deck which would probably be used as a take-out stand. The new configuration would give the restaurant 131 seats and they are approved for 138.

City Attorney Andrew Maurodis advised Ms. Pallaria that she could introduce any witnesses or documentary evidence at this point.

Ms. Pallaria declined.

Tony Hearst, Board of Directors, Tierra East, said the condominium was concerned with the enlargement of the service area. She said there is a wooden deck and in October, they had about 24 seats outside and a pass-through bar. The concerns of Tierra East are mostly with regard to noise level and pedestrian traffic along the roadway.

Ms. Pallaria rebutted that there is no wooden deck.

Mr. Ferguson clarified that there is a 120 square foot addition to the east that is existing, but it was never approved. The east deck under the canopy was approved for seating by the Commission in 1995. A variance was approved for two parking spaces before 1995.

Commissioner Noland remarked that the only seating on the south side of the building was two concrete picnic benches. She did not recall additional seating being approved for that location.

Mr. Ferguson said that was correct.

Mayor Capellini asked the applicant to explain the hardship and how she complies with the provisions of the conditional use section of the Land Development Code. He also asked Mr. Ferguson if staff had anything further to add.

Mr. Ferguson commented the landscaping would need to meet the code after construction and reiterated his comments concerning the developer's agreement.

Commissioner Shaddow stated it was unclear what was and was not approved at the Ranch House.

Barry Gorsun, Vice President of Board of Directors for Tierra East, said that he is confused by the discussion. There is a deck with seating, although he did not believe it sat 22 people. He explained that the pass-through hot dog stand is now a full-liquor bar which encompasses the entire pass through area. He said that he concurred with Ms. Hearst's opinion about the noise level. Mr. Gorsun does not believe the area needs another bar. He requested that the Commission truly understand what was there prior to making a decision.

Mayor Capellini questioned whether they could have a bar at that location.

Mr. Ferguson replied it was zoned properly and a bar is an accessory use of a restaurant.

Mr. Gorsun said the nature of the business has changed significantly from how it is being represented.

Commissioner Shaddow asked if there were any code violations.

Mr. Ferguson responded the seating on the south side was never approved. The owner was cited by Code Enforcement. The applicant is before the Commission now to seek approval. He visited the property three weeks ago and the seats were gone.

Ms. Pallaria summarized when she took ownership of the property, she was told there were three different seating occupancies. She took the least, 138 seats, and used this number to apply to the state. She deliberately stopped using the counter in order to use those seats on the south deck. She has not increased the seating, but decreased it by nine seats. The deck on the front was approved for 32 seats and was part of the 138 seats. She is trying to convert the indoor seating to outdoor by removing the 20 seats from the breakfast bar and use them on the outside patio. The CAB asked that they change the railing to something more attractive and they would go along with it because they want tables and chairs.

Commissioner Shaddow asked Ms. Pallaria if she understood that indoor and outdoor seating are two separate approvals.

Ms. Pallaria replied she did not know that it was a separate approval. She thought if she kept the amount of the total seats the same or below, that she would not need additional approval. She said she had no intention of having a late night bar or even a jukebox. She said she has approval from the Department of Hotels and Hospitality for the outdoor seating.

Mayor Capellini added that the approval was contingent upon approval by the local planning authority, which in this case was the City Commission.

Commissioner Shaddow remarked the application asked for additional customer service area and not outdoor seating. This was creating confusion.

Ms. Pallaria said that tables and chairs outside were part of additional customer service areas.

Commissioner Shaddow responded that the customer service area was the pass-through window from which they could bus and wait.

Mr. Ferguson stated that when the deck and pass-through were approved in 1990, the approval specifically stated that there was not to be a customer service area.

Commissioner Shaddow asked if the pass-through changing into a liquor bar was ever brought up at any of the meetings.

Mr. Ferguson answered no.

Commissioner Noland added if the area was serving alcohol, the area had to be contained.

Mr. Ferguson said that the application was confusing because of various issues such as the number of seats, customer service area and parking. There are different codes that apply to capacity such as the building code, fire code and the land development code. Zoning for parking purposes is divided into two categories: customer service area and all other area. Customer service area is the area which the customer has access to and has food service. Our Land Development Code says it is based on square footage for parking purposes. Because it is a conditional use, the applicant is now requesting to add additional seating on the east side of the building. At the Planning and Zoning Board, Ms. Pallaria stated that she would have seating on the south side, but would not increase the overall total of seats the restaurant has.

Commissioner Shaddow asked where in her back-up it stated that there would be 22 outdoor seats on the south side. She further asked if that would be an additional approval.

Ms. Pallaria said she was told that the amount of seating had nothing to do with the amount of parking.

Mr. Ferguson advised that the conditional use requirement was triggered by when there is an excess of 24 seats, but they already had thirty-some seats. Therefore, anything they would add on would be a conditional use. The advertisement says in excess of 24 seats. There was no specification in the application requirement to specify the amount of seats.

because the applicant did not meet the conditional use criteria, a motion to deny made by Commissioner Noland was seconded by Commissioner Shaddow. Roll call showed: YEAS: Commissioners Shaddow and Clarke-Reed, Vice Mayor Noland and Mayor Capellini. NAYS: None.

APPLICATION 99-B1-144, THE SHACK BY JAMES GELFAND

Mayor Capellini advised this was the time and the place for a public hearing on the following:

To construct a 675 square-foot restaurant with a 336 square-foot covered porch for a total of 1,011 square feet on a .515-acre parcel described as Lots 1, 2 and 3 of Powerline Park, located at 1380 South Powerline Road.

Legally advertised - December 26, 1999.

A motion to continue to January 25, 2000 made by Commissioner Shaddow was seconded by Commissioner Clarke-Reed. Roll call showed: YEAS: Commissioners Shaddow and Clarke-Reed, Vice Mayor Noland and Mayor Capellini. NAYS: None.

APPLICATION 99-B3-80 AND CASE NO. 1681, JASON BIBI BY LAWRENCE KRAMER

Mayor Capellini advised this was the time and the place for a public hearing on the following:

To construct an automotive repair/service and general business facility consisting of two buildings totaling 14,046 square feet; and seeking conditional use approval per Section 98-55(c)(1) of the Deerfield Beach Land Development Code in order to continue the existing automobile repair shop in a new building; and seeking a variance from Section 98-55(c) of the Deerfield Beach Land Development Code for said conditional use to be on property which is less than 100 feet from residentially-zoned property. The proposed location abuts residentially-zoned property (RM-15) on a 1.21-acre parcel described as Parcel A of Harb Corporation Plat, located at 2573 West Hillsboro Boulevard.

Legally advertised - December 26, 1999.

APPLICATION 99-CB3-1, JARF ENTERPRISES, INC. BY ROBERT SMITH

Mayor Capellini advised this was the time and the place for a public hearing on the following:

To construct a 5,405 square-foot commercial/retail building on a 1.4-acre parcel described as Tract A of Sumcot Executive Plaza Plat, located at 3840 Powerline Road.

Legally advertised - December 26, 1999

Mr. Jack Donnlon, President JARF Enterprises, stated he wished to construct a tire store like Tire Kingdom.

Mr. Ferguson said that it complied with all code requirements and staff recommended approval.

A motion to close public hearing by Commissioner Clarke-Reed was seconded by Commissioner Noland. Roll call showed: YEAS: Commissioners Shaddow and Clarke-Reed, Vice Mayor Noland and Mayor Capellini. NAYS: None.

A motion to approve by Commissioner Clarke-Reed was seconded by Commissioner Noland. Roll call showed: YEAS: Commissioners Shaddow and Clarke-Reed, Vice Mayor Noland and Mayor Capellini. NAYS: None.

GENERAL ITEMS

CONTRACT AWARD – CAMP DRESSER & MCKEE

City Attorney Maurodis read the following resolution in written form by title only:

RESOLUTION 2000/001

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO A CONTRACT WITH CAMP DRESSER & MCKEE INC. FOR CONCENTRATE DISCHARGE MODELING, PERMITTING AND ROUTING ANALYSIS FOR WATER PLANTS, CITY PROJECT NO. 10903-P, FOR THE CONTRACT PRICE OF $188,336.

Victor Pujals, Camp, Dresser & McKee, stated he would be happy to answer any questions.

A motion to approve by Commissioner Noland was seconded by Commissioner Clarke-Reed. Roll call showed: YEAS: Commissioners Shaddow and Clarke-Reed, Vice Mayor Noland and Mayor Capellini. NAYS: None.

CONTRACT AWARD TO COLONNA CONSTRUCTION CO.

City Attorney Maurodis read the following ordinance in written form by title only:

RESOLUTION 2000/002

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO A CONTRACT WITH COLONNA CONSTRUCTION CO., INC., FOR PROJECT NO. 10953-P, FOR SIDEWALK INSTALLATION ALONG SW 11TH WAY FOR THE CONTRACT PRICE OF $24,100.00 AND SPECIFYING THE FUNDS THEREFORE

City Manager Deetjen explained a sidewalk was needed because employees of area businesses were walking on SW 11 Way. Having a sidewalk would make it safer for them.

A motion to approve by Commissioner Noland was seconded by Commissioner Shaddow. Roll call showed: YEAS: Commissioners Shaddow and Clarke-Reed, Vice Mayor Noland and Mayor Capellini. NAYS: None.

NEEDS ASSESSMENT FOR ROLLER HOCKEY RINK

Director of Community Services Vincent Kendrick advised that roller hockey is the fastest growing sport over the last 7 - 8 years in the United States. Additionally, more people in the South are becoming interested in hockey. South Florida in particular has a very popular professional hockey team. Also, the equipment has come down in price. The rink would be multi-purpose, allowing other sports to be played on it as well. The cost would be about $164,000.00. Staff recommends building a regulation size rink in Pioneer Park because there is demand for it. A marketing program would be developed to support the program.

Mayor Capellini complimented Mr. Kendrick on his comprehensive report. He suggested that Community Services work closely with Commissioner Noland to avoid the public relation problems the city had when the rink at the Villages of Hillsboro Park was constructed and initially used.

A motion to approve by Commissioner Noland was seconded by Commissioner Shaddow. Roll call showed: YEAS: Commissioners Shaddow and Clarke-Reed, Vice Mayor Noland and Mayor Capellini. NAYS: None.

REVIEW OF BOA DECISION – CASE NO. 1701, ANN & HUGH MCCARTHY

Mayor Capellini stated the applicant was seeking a variance from the provisions of Section 98-75 of the Deerfield Beach Land Development Code in order to allow a fence which will be located 2.5 feet from the side property line rather than 15 feet as required by Code at 4193 NW 4th Court.

A motion to approve by Commissioner Noland was seconded by Commissioner Shaddow. Roll call showed: YEAS: Commissioners Shaddow and Clarke-Reed, Vice Mayor Noland and Mayor Capellini. NAYS: None.

CONSENT AGENDA

FLORIDA EAST COAST RAILWAY BICYCLE PATH AGREEMENT

City Attorney Maurodis read the following resolution in written form by title only:

RESOLUTION 2000/003

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE FLORIDA EAST COAST RAILWAY COMPANY FOR THE LEASE OF SPACE FOR A NON-EXCLUSIVE SIX FOOT PATHWAY

A motion to approve by Commissioner Clarke-Reed was seconded by Commissioner Noland. Roll call showed: YEAS: Commissioners Shaddow and Clarke-Reed, Vice Mayor Noland and Mayor Capellini. NAYS: None.

EXTEND ZONING IN PROGRESS

City Attorney Maurodis read the following resolution in written form by title only:

RESOLUTION 2000/004

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH EXTENDING THE ZONING IN PROGRESS WITH REGARD TO REVISIONS TO THE LAND DEVELOPMENT CODE AND LAND DEVELOPMENT REGULATIONS OF THE CITY OF DEERFIELD BEACH UNTIL MARCH 31, 2000

A motion to approve by Commissioner Clarke-Reed was seconded by Commissioner Noland. Roll call showed: YEAS: Commissioners Shaddow and Clarke-Reed, Vice Mayor Noland and Mayor Capellini. NAYS: None.

APPLY FOR CULTURAL AFFAIRS GRANT

City Attorney Maurodis read the following resolution in written form by title only:

RESOLUTION 2000/005

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPLY FOR GRANTS FROM THE BROWARD CULTURAL AFFAIRS COUNCIL FOR COMMUNITY ARTS AND EDUCATION AND CHILDREN'S CULTURAL PROGRAMS

A motion to approve by Commissioner Clarke-Reed was seconded by Commissioner Noland. Roll call showed: YEAS: Commissioners Shaddow and Clarke-Reed, Vice Mayor Noland and Mayor Capellini. NAYS: None.

ADMINISTRATIVE ACTIONS AND CITY MANAGER COMMENTS

SCHEDULE OF BROWARD COUNTY LEGISLATIVE DELEGATION

City Manager Deetjen advised the Commission that the Broward County Legislative Delegation would be meeting the same evening as the next Commission meeting. Mr. Deetjen would ask Sandy Harris to schedule Deerfield Beach at 6:00 P.M. so that he, Commissioner Trinchitella and Mayor Capellini could be back in time for the Commission meeting.

AUTHORIZE RETENTION OF STUART MICHAELSON AND TRANSFER OF FUNDS

City Attorney Maurodis advised that the City had a prosecution coming before the Code Enforcement Board and asked that the City retain Stuart Michaelson for that purpose. He also asked that $6,000.00 be transferred from the Special Litigation Fund to the Legal Services Fund for the Assistant City Attorney position to be held by Charles Seaman.

RESOLUTION 2000/006

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH, FLORIDA, AUTHORIZING A TRANSFER OF $6,000.00 FROM THE SPECIAL LITIGATION LINE ITEM TO THE LEGAL SERVICES LINE ITEM IN THE CITY ATTORNEY'S BUDGET

A motion to approve by Commissioner Shaddow was seconded by Commissioner Noland. Roll call showed: YEAS: Commissioners Shaddow and Clarke-Reed, Vice Mayor Noland and Mayor Capellini. NAYS: None.

COMMENTS BY MAYOR AND COMMISSIONERS

HAPPY NEW YEAR

Vice Mayor Noland said that New Year's Eve was quiet and wished all of the residents a Happy New Year.

BROWARD LEAGUE OF CITIES HIRES LOBBYIST

Commissioner Clarke-Reed reported that the league was considering hiring a lobbyist in Washington, D.C. She advised the league that the City of Deerfield Beach had a lobbyist and that they were impressed with the City's foresight.

CULTURAL ARTS GRANT

Commissioner Shaddow asked if the grant could be extended to programs other than those at Westside Park. She would like to see programs at Constitution Park and the teen center funded.

Darrick Green, Assistant to the City Manager, stated that the programs Commissioner Shaddow stated would probably not be eligible this year, but he would look into alternative funding sources.

PUBLIC TO BE HEARD

David London asked if Broward Sheriff's Office adopted the district schools as was mentioned at a breakfast meeting.

Commissioner Clarke-Reed responded that Sheriff Jenne has asked the City to work with Carol Andrews. A meeting would be set up and Mr. London could contact her directly to find out when it would be.

Mr. London also inquired about the MOC I completion date and was advised that it would be a couple of years. He continued that he spoke with David Rivera, Assistant City Manager, Coconut Creek, regarding the Community Shuttle Program. Mr. Rivera indicated that their service would extend to Deerfield Beach Mall.

Yolanda Gayle, 1507 SW 4 Terrace, said that the homeowners in her neighborhood, Xavier Homes, would like the street closed off due to excessive traffic. She does not believe it will negatively impact the area in terms of fire safety if the street is closed.

ADJOURNMENT

The meeting was adjourned at 8:50 P.M.

					 ALBERT R. CAPELLINI, P.E., MAYOR

Attest:

FELICIA M. BRAVO, CITY CLERK