REGULAR MEETING OF THE CITY OF DEERFIELD BEACH

CITY COMMISSION

Tuesday, September 5, 2000, 7:00 P.M.

The meeting was called to order at 7:15 P.M. by Mayor Capellini on the above date in the City Commission Room, City Hall.

Roll Call showed:

Present: Commissioner Peggy Noland

Commissioner Amadeo Trinchitella

Vice Mayor Kathy Shaddow

Mayor Albert Capellini, P.E.

Absent: Commissioner Gwyndolen Clarke-Reed

Also Present: City Attorney Andrew Maurodis

City Manager Larry Deetjen

City Clerk Felicia Bravo

EXCUSE COMMISSIONER CLARKE-REED'S ABSENCE

A motion to excuse Commissioner Clarke-Reed's absence made by Vice Mayor Shaddow and was seconded by Commissioner Noland. Roll call showed: YEAS: Commissioner Noland, Commissioner Trinchitella, Vice Mayor Shaddow, and Mayor Capellini. NAYS: None.

INVOCATION AND PLEDGE OF ALLEGIANCE

The invocation was offered by Reverend Nathaniel Knowles followed by the Pledge of Allegiance to the flag.

APPROVAL OF MINUTES

Regular Meeting of the City Commission - August 15, 2000

A motion to approve the minutes made by Commissioner Noland and was seconded by Vice Mayor Shaddow. Roll call showed: YEAS: Commissioner Noland, Commissioner Trinchitella, Vice Mayor Shaddow, and Mayor Capellini. NAYS: None.

ACKNOWLEDGEMENT OF BOARD MINUTES

1. Board of Adjustment - July 27, 2000

2. Beautification Authority - July 24, 2000

3. Community Appearance Board - July 12, 2000

4. Community Appearance Board - July 26, 2000

The Commission acknowledged the above board minutes.

PRESENTATIONS

COMMUNITY IMPROVEMENT VIDEO

A short video was shown of the Firefighter Challenge, Neighborhood Initiative reception and the Junior Lifeguard Competition in San Diego.

DEERFIELD BEACH CITIZEN SURVEY 2000

Phil Gonot, PGM Associates, Inc., presented the results of the Deerfield Beach Citizen Survey 2000. The purpose is to ensure that the resources are used property and to measure the successes of the city. The survey sample was 300 and they conducted by telephone. Generally, most of the citizens (97%) rated the city from good to excellent.

PROCLAMATION: SOPHIE SIEMINSKA'S DAY

The mayor presented a proclamation to Ms. Sieminska for more than 11 years of employment with the city. Ms. Sieminska thanked the city.

PROCLAMATION: NAJAIM MUSTO'S DAY

The City Commission presented Mr. Musto with a proclamation and thanked him for his commitment to his work. Commissioner Noland cited his recent trip to San Diego as an example of his extraordinary efforts. Mr. Musto thanked the commission.

PROCLAMATION: NATIONAL POLLUTION PREVENTION WEEK

The mayor proclaimed September 18 - 24 as National Pollution Prevention Week.

SE REGIONAL FIREFIGHTERS' COMBAT CHALLENGE

Fire/Rescue personnel thanked the City Commission for their support of the SE Regional Firefighters' Combat Challenge. Battalion Chief Jim Mathie introduced all who won awards at the competition and expressed his hope that the City Commission would support the firefighters at the national competition in Las Vegas and stated that the firefighters were looking for corporate funding. Mr. Mathie presented a check in the amount of $390.00 for Fort Riverbend which was the proceeds from the beer sales at the Firefighter Challenge.

MUSCULAR DYSTROPHY ASSOCIATION'S (MDA) LABOR DAY BOOT DRIVE

Fire/Rescue retroactively asked the City Commission for permission to raise money for the Muscular Dystrophy Association's (MDA) Labor Day Boot Drive.

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

WRITTEN REQUEST TO ADDRESS THE COMMISSION

ST. AMBROSE CATHOLIC CHURCH CARNIVAL

Gail Kammerer requested a waiver of permit fees for the St. Ambrose Catholic Church Carnival. In addition, she requested that the carnival stay open on Friday and Saturday nights until 11:00 PM.

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

PUBLIC HEARINGS – CHANGE OF USE

BEN SIEGEL REPTILES

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

Change of use application - Ben Siegel Reptiles

Change of use from real estate sales and broker (Landmark Properties Group, Inc.) to retail reptile store at 2245 West Hillsboro Blvd.

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

Vice Mayor Shaddow asked if staff could ensure that the applications for business licenses were complete prior to the commission reviewing them.

Gerald Ferguson said he would notify the appropriate department in writing.

Motion to approve was made by Vice Mayor Shaddow and was seconded by Commissioner Noland. Roll call showed: YEAS: Commissioner Noland, Commissioner Trinchitella, Vice Mayor Shaddow, and Mayor Capellini. NAYS: None.

PUBLIC HEARINGS

ADOPT MILLAGE RATE FOR FY 2001

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

ORDINANCE NO. 2000/025

AN ORDINANCE ADOPTING THE MILLAGE RATE TO BE LEVIED BY THE CITY OF DEERFIELD BEACH, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2000, AND ENDING SEPTEMBER 30, 2001; AND STATING THE PERCENTAGE CHANGE IN PROPERTY TAXES AS SUCH CHANGE IS DEFINED IN FLORIDA STATUTES, SECTION 200.065

Mayor Capellini explained that the city is not in a cash crisis as reported in the newspaper. He recapped the highlights of the budget. The budget has increased by $4 million, but the millage rate did not increase for the third year in a row. He mentioned that insurance costs went up 23% this year, but the city is reluctant to increase the cost of healthcare to its employees. The city has $2 million in its reserve account. The city is spending approximately the same amount per capita as it was in 1995.

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

Motion to set public hearing for September 19, 2000 was made by Vice Mayor Shaddow and was seconded by Commissioner Trinchitella. Roll call showed: YEAS: Commissioner Noland, Commissioner Trinchitella, Vice Mayor Shaddow, and Mayor Capellini. NAYS: None.

ADOPT BUDGET FOR FY 2001

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

ORDINANCE NO. 2000/027

AN ORDINANCE ADOPTING A BUDGET FOR THE CITY OF DEERFIELD BEACH, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2000, AND ENDING SEPTEMBER 30, 2001

City Attorney Andrew Maurodis read the particulars of the budget in accordance with state law.

Irv Schwartzwald, 1056 Cambridge C, discussed the $200,000 in the Utilities budget for the purchase of backflow preventors, repair kits and boxes. An additional $180,000 would be needed for personnel to compete these services. Mr. Schwartzwald asked why the homeowners are not paying for this as required by the city code. He also asked why the meters need to be changed every five years. He cited a response he received from the American Waterworks Association, which was inconclusive as to whether or not it is recommended that the meters be changed on a 5 year basis. Meters are tested every 4 to 14 years, depending on the state. He asked where the good meters are. He requested that the replacement program be changed to a testing and repair program.

Mayor Capellini responded that the installation of backflow preventors was mandated by the state of Florida. This mandate became unmanageable as many people could not afford to have them installed. The mayor said the commission agreed to waive the fee for residents in order to comply with the state regulations.

Vice Mayor Shaddow concurred and added that it was costing the city more money to enforce the mandate than it would if the city absorbed the cost.

Regarding the meters, Mayor Capellini said the meter replacement helps us reduce the amount of unmetered water loss. The City of Deerfield Beach has a water loss rate that is half of the national average. He said the meters have to be removed to be tested, then they are rebuilt.

Vice Mayor Shaddow said that the plan is a responsible maintenance plan.

Dale Allen, Deerfield Beach Historical Society, spoke briefly about the expenditures of funds give to the historical society in FY 1999/2000. He asked for funds for special events in the amount of $35,000.00. He stated their income from grants was $40,000.00. City Manager Larry Deetjen said that the funding would not come from the general fund, but possibly from the CDBG funds when those funds become available. At that time, he will make a presentation along with the other community organizations applying for CDBG funding.

Commissioner Trinchitella recalled that last year the historical society did not request funds, but said they would come back to the City Commission if they needed money. They came back and the city gave them $25,000.00.

Vice Mayor Shaddow recommended that if the CDBG funds do not come through, the city will provisionally fill the funding request.

Marcia Bronson, Hospice by the Sea, asked for $15,000.00 to recover unreimbursed expenses.

Mayor Capellini said she would get $9,375.00.

Barbara Erikson, Kids Voting, said that they have given books and study materials to the schools.

Mayor Capellini said they would give Kids Voting the same funding as the year before.

Ruth Cousin, CVE Deerfield Beach Symphony Orchestra, thanked the City Commission for their previous support and discussed the concerts at Century Village for students and the concert at First Presbyterian Church.

The mayor announced the orchestra would receive $7,500.00.

Marcus Valle, Deerfield Beach Little League, thanked the commission for its support. The 9/10 year olds won 2 place in districts and the 12 year olds came in first place.

Leslie Tobin, Family Central, said that the City of Deerfield Beach had four centers which were supported by Family Central and Family Central served 146 children in Deerfield Beach. She requested $19,000.00 more than last year.

Mayor Capellini advised that she would receive the same amount as last year and that all of the organizations would receive the same funding as last year.

Diane Smettze, Broward Homebound, thanked the City Commission.

Toni Sisken, DeHornle Pavilion, thanked the commission.

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

RENAME SW 11 WAY TO FAU RESEARCH PARK BOULEVARD

Mayor Capellini announced that the FAU lease referendum passed by 77%. The city received a request from Scott Ellington to rename SW 11 Way to FAU Research Park Boulevard.

Motion to rename SW 11 Way to FAU Research Park Boulevard was made by Commissioner Trinchitella and was seconded by Vice Mayor Shaddow. Roll call showed: YEAS: Commissioner Noland, Commissioner Trinchitella, Vice Mayor Shaddow, and Mayor Capellini. NAYS: None.

COMMUNITY REDEVELOPMENT AREA BUDGET

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

ORDINANCE NO. 2000/029

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH, FLORIDA, APPROVING THE BUDGET ADOPTED BY THE COMMUNITY REDEVELOPMENT AGENCY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2000, AND ENDING SEPTEMBER 30, 2001, AND PROVIDING FOR FUNDING THROUGH THE TAX INCREMENT FINANCING AS SET FORTH IN PART III, CHAPTER 163, FLORIDA STATUTES

PASSING OF DICK DAVIS

Mayor Capellini informed the community that Dick Davis passed away. He had platted a lot of land in Deerfield Beach.

APPLICATION 00-R-128, CITY OF DEERFIELD BEACH

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

ORDINANCE NO. 2000/030

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH REZONING 1.54 ACRES FROM RM-15 TO CM, SAID PARCEL DESCRIBED AS A PORTION OF TRACT A OF B'NAI B'RITH SENIOR CITIZENS PLAT, MORE PARTICULARLY DESCRIBED IN THE FILE, LOCATED AT 399 S.W. 3RD AVENUE; CONTAINING A PROVISION FOR REVISION OF THE CITY ZONING MAP; CONTAINING A SEVERABILITY CLAUSE; CONTAINING AN EFFECTIVE DATE

Commissioner Noland asked if Commissioner Clarke-Reed had any objections to this rezoning.

City Manager Larry Deetjen stated Commissioner Clarke-Reed was aware of the rezoning and had no objections.

Motion to set public hearing for September 19, 2000 was made by Commissioner Trinchitella and was seconded by Vice Mayor Shaddow. Roll call showed: YEAS: Commissioner Noland, Commissioner Trinchitella, Vice Mayor Shaddow, and Mayor Capellini. NAYS: None.

Noland out at 8:34 PM

CHANGE OF ADDRESS FOR GREATER CRYSTAL LAKE

Mayor Capellini explained that he and Commissioner Trinchitella met with the people of Crystal Lake and were told that they would like their address to change from Pompano Beach, FL 33064 to Deerfield Beach, FL 33442.

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

Motion to take whatever action is necessary to change the address was made by Commissioner Trinchitella and was seconded by Vice Mayor Shaddow. Roll call showed: YEAS: Commissioner Trinchitella, Vice Mayor Shaddow, and Mayor Capellini. NAYS: None.

Noland in at 8:39 PM

BEACH FOUNTAIN AND AMPHITHEATER

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

RESOLUTION NO. 2000/126

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH, FLORIDA, SETTING A REFERENDUM ELECTION FOR NOVEMBER 7, 2000, ON THE LEASE OF A PORTION OF CITY PROPERTY LOCATED AT SOUTH OCEAN WAY AND SOUTHEAST SECOND STREET FOR COMMERCIAL USE AS PART OF A PLANNED DEVELOPMENT WHICH WILL ALSO INCLUDE A WATER FEATURE, A MUSICAL AMPHITHEATER, AND A PARKING GARAGE

Mayor Capellini explained that this project was brought to the City Commission by the Rotary Club for placement on the November ballot.

Motion to approve was made by Commissioner Trinchitella and was seconded by Vice Mayor Shaddow.

Commissioner Noland interrupted the vote to state that she received many phone calls regarding this matter. The Rotary Club asked for this to be on the November ballot and the voters would decide if they wanted the project. Commissioner Noland explained that they had the opportunity to come and discuss it before the City Commission during the public hearing. She asked if they wanted to come forward to speak and a response from the audience said yes.

Motion to reopen public hearing was made by Commissioner Trinchitella and seconded by Commissioner Noland. Roll call showed: YEAS: Commissioner Noland, Commissioner Trinchitella, Vice Mayor Shaddow, and Mayor Capellini. NAYS: None.

Vivian Jeffers, NE 19 Avenue, asked if any organization could recommend if a measure could be placed on the ballot.

Vice Mayor Shaddow stated that the Rotary has collected substantial funds for the fountain and asked that this matter go before the voters for consideration. She said she believed it was worthy to be placed on the ballot.

Ms. Jeffers said the beach is safe now, but if there are shops and restaurants, crime will come. She questioned how there could be green space if shops were in the area. She alleged they would need service roads.

Mayor Capellini and the other commissioners said this was the reason the voters would have an opportunity to decide the matter.

Margaret Hilton, 101 SE 5 Court, asked where the plans are for the development.

Mayor Capellini said that the Rotary Club had the plans and they would need to be contacted if Ms. Hilton wanted to view them.

City Manager Deetjen informed the City Commission that the Rotarians, the Kiwanians and others have raised in excess of $300,000.00 for this project. Because the plan was privately funded, the Rotary has held onto the plan. Carmen McGarry or Michael Khoury could meet with the residents.

Ms. Hilton asked if the Rotary could spend money on plans before it was approved by the voters.

Mayor Capellini explained if was the Rotary's money.

Vice Mayor Shaddow concurred.

Commissioner Noland responded that philanthropic organizations raise money throughout the year and then decide how to spend that money in the community.

Ms. Hilton asked if it was correct that if an organization raised money for a project, that they could have a matter placed on the ballot without having to collect signatures the way the Save Our Beach political action committee did.

Vice Mayor Shaddow explained that one way to have something placed on the ballot was to collect signatures and another was for an organization to request it from the City Commission.

City Attorney Andrew Maurodis said that the ballot language reads up to 30%.

Nancy Marchione, 1100 SE 5 Court, said it would cost more than $300,000.00 for the project and asked who would pay for the difference.

City Manager Deetjen said this project was not to that stage. If the project is passed by the voters, the project would have to go through the Planning and Zoning Boards, Community Appearance Board and the City Commission.

Ms. Marchione said she believed that the voters should know all of the details before it is on the ballot. She asked how much of the cost the city would pay.

Mayor Capellini said the city would not subsidize the project. It is impossible to know the particulars because many of the details cannot be determined until the public decides it wants the project. He used the financing as an example. This is the first step.

Ms. Marchione asked where the public events will take place if the parking lot is gone.

Mr. Deetjen stated this is why only 30% would be commercial. The rest would be public space designed with the recognition of how the city likes to utilize the beachfront.

Ms. Marchione claimed it would be a burden to handicapped individuals to walk from a parking garage to the beach.

Mary Beiriger, 1973 NE 3 Street, said the parking is perfect the way it is now. She said it would be difficult to carry chairs and other beach accessories from a garage to the beach. As it is now, it is not a problem. She is disappointed that she had to collect signatures while another group merely asked the City Commission to place this on the ballot. The city does not need an amphitheater because we already have the showmobile.

Mayor Capellini said this is why it is going before the voters.

Ms. Beiriger complained about the difficulty of notifying voters at this late date.

Vice Mayor Shaddow said the referendum that was passed by required the city to take it to the voters.

Ms. Beiriger replied that it did not have to be placed on the ballot at all.

Vice Mayor Shaddow answered that the city would not deny a philanthropic organization the opportunity to enhance the city if the voters agreed. She added that not everyone in the city may want to preserve the asphalt at the beach. There may be other ideas for open space that could enhance the area. She urged that Ms. Beiriger meet with the Rotary to discuss the plans.

Ms. Jeffers reminded the City Commission that the benches on the beach used to have advertisements and those benches were handled by the Kiwanis Club.

Motion to approve was made by Commissioner Trinchitella and was seconded by Vice Mayor Shaddow. Roll call showed: YEAS: Commissioner Trinchitella, Vice Mayor Shaddow, and Mayor Capellini. NAYS: Commissioner Noland.

Commissioner Noland asked Mr. Deetjen to set up a meeting for the residents with the Rotary Club at Pioneer Park.

There was brief discussion about changing the ballot language. Commissioner Trinchitella thought changing the language would skew the neutrality of the vote. The ballot language was not changed.

QUASI-JUDICIAL HEARINGS

City Attorney Andrew Maurodis swore in all those who would provide testimony in the following items.

APPLICATION 95-B3-66 REVISION 1 AND CASE NO. 1717, PATRICIA & JOHN PENNELL

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

Application 95-B3-66 Revision 1 and Case No. 1717, Patricia & John Pennell

Modification of existing site plan to revise façade of building, to increase dry boat storage capacity from 140 to 186, and to add six finger piers for a total of nine; AND seeking a VARIANCE from the provisions of Section 98-87(a)(1) and 98-87(a)(4) in order to allow the addition of six finger piers which will extend 15 feet into the waterway rather than 8 feet; AND seeking CONDITIONAL USE approval in accordance with the provisions of Section 98-55(c)(3) of the Deerfield Beach Land Development Code and the restrictive note on the face of the PENNELL FAMILY PLAT in order to increase dry boat storage capacity from 140 to 186 at 418 N. E. River Drive.

This item was continued from August 15, 2000 meeting. City Attorney Andrew Maurodis stated he had a check from the Pennells in the amount of $15,000.00 and the agreement is signed.

Gerald Ferguson recapped the case. The existing boat storage racks are not being expanded. They will add a third level and what was parking area will be dry boat storage. The parking is currently in excess of the requirement and after the change, they will still have more parking than is required.

Robert Eisen said they agreed to everything.

Commissioner Noland said there is no road to the property according to her documents, but she contested it.

Mr. Eisen commented it is not a public road, but a 25 foot strip. The owners have granted an easement for access.

Mike Pennell said that the renderings demonstrated what the changes would look like.

Tom Treacy, 1115 Little Harbor Drive, stated that he has seen oil slicks come past his property (on the water side) which have been traced back to marinas. He asked if the oil and gasoline storage would be upgraded as well.

Mr. Eisen said the mechanical area would remain the same. Mr. Eisen advised that there should be no increase in the oil slicks coming from the marina.

Mr. Pennell stated he was not aware of any environmental complaints against his marina.

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

Commissioner Noland explained it would be safer because of the upgrading in fire safety equipment.

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

APPLICATION 00-RM25-61 AND CASE NO. 1718, CARRIAGE HOUSE RESORT MOTEL BY PHILLIP ST. LOUIS

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

Application 00-RM25-61 and Case No. 1718, Carriage House Resort Motel by Phillip St. Louis

To construct a 5-story 15-unit addition to an existing 24-unit motel for a total of 39 units; AND seeking CONDITIONAL USE approval in accordance with the provisions of Section 98-49(c)(1) of the Deerfield Beach Land Development Code in order to expand the motel; AND seeking 3 VARIANCES from the Deerfield Beach Land Development Code: (1) from the provisions of Section 98-80(b)(1) in order to allow a 4-foot wide perimeter landscape buffer along S. E. 20^th Avenue rather than 10 feet as required by Code; (2) from the provisions of Section 98-80(b)(1) in order to allow a 6-foot wide perimeter landscape buffer along S. E. 3^rd Street rather than 10 feet as required by Code; AND (3) from the provisions of Section 98-80(c) in order to allow a terminal parking island to be 5 feet in width rather than 10 feet as required by Code at 250 South Ocean Boulevard.

Mr. Ferguson said that at some points the landscape would be as narrow as 4 feet. It was approved by the Community Appearance Board and he changed the plan to meet all departmental requirements. The building is in the CRA.

Commissioner Noland enthusiastically expressed her support for the project.

Philip St. Louis, for the applicant, agreed with the staff report.

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

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

APPLICATION 00-RM25-63 AND CASE NO. 1733 ROLANDO JORGE BY LAWRENCE KRAMER

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

Application 00-RM25-63 and Case No. 1733 Rolando Jorge by Lawrence Kramer

To construct a 18,222 square-foot 8-unit 4-story condominium building; AND seeking 3 VARIANCES from the Deerfield Beach Land Development Code: (1) from the provisions of Section 98-61 in order to allow side building setbacks of 13 feet and 18 feet rather than 27 feet as required by Code; (2) from the provisions of Section 98-61 in order to allow a rear building setback of 15 feet rather than 32 feet as required by Code; AND (3) from the provisions of Section 98-71(c)(5) in order to allow the second-floor balconies to encroach 4.25 feet into the front building setback at 2070 N. E. 1^st Street.

Mr. Ferguson explained that it was approved by the Planning and Zoning Board and the Community Appearance Board. The applicant complied with all departmental requirements with the exception of a couple of variances. It was reviewed by the CRA consultant.

Lawrence Kramer showed the commission the property's location. The units would sell for between $300,000.00 to $500,000.00. The street front view takes into account the continuation of 20th Terrace.

Molly Lamont, 2060 NE 1 Street, representing Siesta Condominium, said that the variances were an affront to her condominium. The 4 story building will tower over their development and prevent the air and light from reaching their units. The solar pool heating system will be effected. The back of the building will be noisy and dirty. The building is too large for the lot with minimal landscaping.

Richard Ramierez, for Howard Johnson's, asked for the city to postpone action on this application because they have not had time to determine the impact of the variances. They are also concerned about the continuation of 20^th Terrace, which will bisect their property.

Commissioner Noland asked Mr. Ramierez if he received notice regarding the Planning and Zoning Board meeting and Community Appearance Board meetings.

Gerald Ferguson stated that it was noticed for the P & Z meeting and for the commission meeting tonight.

Mr. Ramierez said Howard Johnson's wanted time to determine where 20^th Terrace would go.

Commissioner Noland said the eventual path of 20^th Terrace had nothing to do with the Rolando Jorge's property and what he intended to do with it.

Mr. Ramierez explained that the presentation of the property was on the proposed roadway and that is why he would like it postponed.

Commissioner Noland commented she thought the project was wonderful and most of the properties would need a variance because of the odd shaped lots.

Mike DeMarne of Siesta Condominium believes the building will tower over his condominium. The variances are too great. If there were no variances, he would be happy with the building.

Harry Rettger, 100 NE 20^th Terrace, agreed with Mr. Ramierez about the postponement of the approval because of the proposed extension of 20^th Terrace.

Mr. Kramer stated that the development projected what it would look like if the street was built. Even if the street is not built, which is a gamble on the owner's part, the position of the building would be the same.

Vice Mayor Shaddow reiterated that the design took into account future redevelopment of the area.

Mike DeMarne advised he was concerned about the variances.

Vice Mayor Shaddow said the owners have a right to develop their property.

Mayor Capellini added that the city was trying to have discussions with the business owners in the area for over two years. Now that there is a development, the business owners are interested.

Mr. Kramer said that the undulations of the building give it character and appeal. The portion that requires the variance is only a small portion of the wall, not the entire wall.

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

APPLICATION 89-CF-17 REVISION 3 ARCHDIOCESE OF MIAMI BY RICHARD ROTH

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

Application 89-CF-17 Revision 3 Archdiocese of Miami by Richard Roth

To construct a 7,274 square-foot library building for an existing church/school facility at 360 S. E. 12^th Avenue.

Mr. Ferguson said it met all code requirements and was approved by the P & Z Board and the Community Appearance Board.

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

APPLICATION 00-A1-1 AND CASE NO. 1719, RICHARD KNOLL BY ALLEN DAVIS

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

Application 00-A1-1 And Case No. 1719, Richard Knoll by Allen Davis

To construct a 3,780 square-foot addition to an existing building to be used for offices for a total of 8,352 square feet; AND seeking a VARIANCE from the provisions of Section 39-253 of the Broward County Zoning Code to allow a plot coverage of 21% rather than 20% as allowed by Code; and seeking a VARIANCE from Section 39-255 of the Broward County Zoning Code to allow a side building setback of 11 feet rather than 25 feet as allowed by Code at 411 N. E. 48^th Street.

Director of Planning and Growth Management Gerald Ferguson advised that this building is in the newly annexed area and is under county zoning as agriculture. The property is currently a plant nursery. The applicant wants to expand. The applicant would like to rezone to Deerfield Beach B-1 and have it platted so he can expand it further. The property cannot be platted and rezoned until the land use plan is amended. Once rezoned, these variances would not apply. It would be within code.

The applicant had no objection

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

CASE NO. 1734 AND CHANGE OF USE QUICK-SPEAK SCHOOL OF LANGUAGE BY CLOE TAYLOR

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

Case No. 1734 and Change Of Use Quick-Speak School Of Language by Cloe Taylor

Seeking CONDITIONAL USE approval for a language arts school as provided for in Section 98-53(c)(3)(g) of the Deerfield Beach Land Development Code; AND seeking CHANGE OF USE approval for said operation to occupy space previously occupied by a business office (Suite #207) and a business consultant (Suite #202) at 900 S. E. 8^th Avenue, Suites 202 and 207.

Cloe Taylor, applicant, stated this was her school.

CASE NO. 1735 AND CHANGE OF USE MEDICAL CONTINUING EDUCATION BY LUIS GARCIA

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

Case No. 1735 and Change Of Use Medical Continuing Education by Luis Garcia

Seeking CONDITIONAL USE approval to allow a continuing education business for advanced medical training (CPR, first aid, different levels of life support, along with medical equipment training), specifically to physicians, nurses, paramedics, respiratory therapists, public safety personnel and allied health personnel, in a B-1 zoning district as provided for in Section 98-53(c)(h) of the Deerfield Beach Land Development Code; AND also seeking CHANGE OF USE approval for said operation to occupy space previously occupied by an accounting business at 230 South Powerline Road.

The applicant was not in attendance, therefore the commission informally decided to continue the public hearing until September 19, 2000.

SIGN VARIANCE CASE NO. 559 ACROPOLIS FAMILY RESTAURANT BY MICHAEL DARBY

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

Sign Variance Case No. 559 Acropolis Family Restaurant by Michael Darby

Seeking a VARIANCE from the provisions of Section 102-9 of the Deerfield Beach Land Development Code in order to allow a face change to an existing sign which is non-conforming. The sign is 110 square feet in size. The Code allows a maximum size of 24 square feet at this location (16-foot setback) at 1401 South Federal Highway.

Commissioner Noland said this was the former Wildwood Grill Restaurant. When this sign went from Swiss Chalet to Wildwood, it received a variance. Commissioner Noland would like to see this sign conform to code.

Vice Mayor Shaddow said the commission could give it a two year time limit.

Mr. Ferguson said that it would have to be changed in three years anyway in accordance with the code on January 5, 2004.

Commissioner Noland told the applicant that they may want to conform now because it will only become more costly in the future.

SIGN VARIANCE CASE NO. 560 AND APPEAL OF C.A.B. DECISION, THE SPORTS MALL BY ROBERT TODOROFF

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

Sign Variance Case No. 560 and Appeal of C.A.B. Decision, The Sports Mall by Robert Todoroff

Seeking a VARIANCE from the provisions of Section 102-7(10) of the Deerfield Beach Land Development Code in order to allow an off-premise monument sign; AND APPEALING THE COMMUNITY APPEARANCE BOARD’S DENIAL of the proposed sign at 1001 South Powerline Road.

Rob Todoroff told the commission that the sign on 10^th Street is not visible from the road, which is over one hundred feet from the road. He asked Gas City if he could place a sign on their property.

Vice Mayor Shaddow said she did not want to add more signage to the area.

A motion to deny made by Commissioner Noland was seconded by Vice Mayor Shaddow. Roll call showed: YEAS: Commissioner Noland, Commissioner Trinchitella, Vice Mayor Shaddow, and Mayor Capellini. NAYS: None.

SIGN VARIANCE CASE NO. 561 AND APPEAL OF C.A.B. DECISION THE SPORTS MALL BY ROBERT TODOROFF

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

Sign Variance Case No. 561 and APPEAL OF C.A.B. Decision The Sports Mall by Robert Todoroff

Mr. Ferguson advised that this sign would have tenant signage on it. It was approved by the Community Appearance Board with the tenant signage being removed and to alter the 10^th Street sign.

Mr. Todoroff said that he received permission last year to construct the same sign that is on 10^th Street now on Powerline Road. He did not construct that sign when he realized that the sign on 10^th Street was not visible. The sign before the City Commission this evening is the same sign as the 10^th Street sign, only improved.

Vice Mayor Shaddow said the signs were so far away from each other that the did not need to be exact.

A motion to approve and overturn the CAB decision made by Commissioner Noland was seconded by Vice Mayor Shaddow. Roll call showed: YEAS: Commissioner Noland, Commissioner Trinchitella, Vice Mayor Shaddow, and Mayor Capellini. NAYS: None.

GENERAL ITEMS

BREAKFAST WITH BROWARD COUNTY SHERIFF KEN JENNE

The City Commission informally decided to choose Friday, September 29, 2000 at 8:30 AM to have a breakfast meeting with Sheriff Ken Jenne. The meeting will be to discuss safety issues in Deerfield Beach.

PETITION FOR A SIDEWALK ALONG SE 10 STREET

The City Commission reviewed a petition by residents of the Cove asking for a sidewalk to run along SE 10 Street between SE 12 Avenue and SE 15 Avenue.

BOCA RATON AIRPORT FLIGHT PATTERN ALTERNATIVES

Mayor Capellini asked that the resolution be drafted in the strongest language. The flight pattern will be over the western part of the city.

Vice Mayor Shaddow agreed the language should be stronger because the FAA will be making the decision. She asked where the noise sensors were placed and if the tower was active 24 hours a day.

CONSENT AGENDA

INCREASE COMMERCIAL SOLID WASTE COLLECTION FEES

ORDINANCE NO. 2000/032

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH AMENDING SECTIONS 58-38 OF THE CITY CODE TO PROVIDE FOR A SOLID WASTE RATE INCREASE FOR GENERAL SERVICE ACCOUNTS TO BE EFFECTIVE FOR BILLINGS RENDERED AFTER OCTOBER 1, 2000; CONTAINING A PROVISION FOR INCLUSION IN THE CITY CODE; CONTAINING A SEVERABILITY CLAUSE; CONTAINING AN EFFECTIVE DATE

A motion to set public hearing for September 19, 2000 made by Commissioner Trinchitella was seconded by Commissioner Noland. Roll call showed: YEAS: Commissioner Noland, Commissioner Trinchitella, Vice Mayor Shaddow, and Mayor Capellini. NAYS: None.

AGREEMENT WITH SUNTRUST LEASING CORPORATION

RESOLUTION NO. 2000/127

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A LEASE-PURCHASE AGREEMENT WITH SUNTRUST LEASING CORPORATION FOR CAPITAL EQUIPMENT FINANCING; AUTHORIZING THE EXECUTION AND DELIVERY OF A MASTER LEASE AGREEMENT, EQUIPMENT SCHEDULE NO. 01, AN ESCROW AGREEMENT, AND RELATED INSTRUMENTS AND DETERMINING

OTHER MATTERS IN CONNECTION THEREWITH

ADDITIONAL FUNDING TO CITY DEPARTMENTS

RESOLUTION 2000/128

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH PROVIDING ADDITIONAL FUNDING TO VARIOUS CITY DEPARTMENTS FOR FISCAL YEAR ENDED SEPTEMBER 30, 2000

AGREEMENT WITH CARR SMITH CORRADINO

RESOLUTION NO. 2000/129

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO A FEE PROPOSAL WITH THE CORRADINO GROUP FOR MASTER PLANNING AND CONCEPTUAL DESIGN STUDIES FOR WESTSIDE PARK, MCKEITHEN PARK, AND CITY CEMETERIES FOR A FEE OF $43,500.00

ADMINISTRATIVE ACTIONS AND CITY MANAGER COMMENTS

None

COMMENTS BY MAYOR AND COMMISSIONERS

None

PUBLIC TO BE HEARD

ADJOURNMENT

The meeting was adjourned at 10:10 P.M.

ALBERT R. CAPELLINI, P.E., MAYOR

Attest:

FELICIA M. BRAVO, CITY CLERK