REGULAR MEETING OF THE CITY OF DEERFIELD BEACH

CITY COMMISSION

Tuesday, October 17, 2000, 7:00 P.M.

The meeting was called to order at 7:20 P.M. by Mayor Capellini on the above date in the City Commission Room, City Hall.

Roll Call showed:

Present: Commissioner Gwyndolen Clarke-Reed

Commissioner Peggy Noland

Commissioner Amadeo Trinchitella

Vice Mayor Kathy Shaddow

Mayor Albert Capellini, P.E.

Also Present: City Attorney Andrew Maurodis

City Manager Larry Deetjen

City Clerk Felicia Bravo

INVOCATION AND PLEDGE OF ALLEGIANCE

The invocation was offered by Pastor followed by the Pledge of Allegiance to the flag.

APPROVAL OF MINUTES

Special Meeting of the Commission - September 28, 2000

Regular Meeting of the Commission - October 3, 2000

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

ACKNOWLEDGEMENT OF BOARD MINUTES

1. Board of Adjustment - August 24, 2000

2. Code Enforcement Board - March 13, 2000

3. Code Enforcement Board - April 10, 2000

4. Code Enforcement Board - May 8, 2000

5. Code Enforcement Board - June 12, 2000

6. Code Enforcement Board - July 10, 2000

7. Code Enforcement Board - August 14, 2000

8. Code Enforcement Board - September 11, 2000

9. Community Appearance Board - August 9, 2000

10. Community Appearance Board - August 23, 2000

11. Community Appearance Board - September 13, 2000

12. Planning and Zoning Board - September 7, 2000

The Commission acknowledged the above board minutes.

PRESENTATIONS

COMMUNITY IMPROVEMENT VIDEO

A short video was shown featuring Pioneer Days, the Peter Yarrow concert and the Fife and Drum Corps.

PRESERVATION 2000 UPDATE

City Manager Larry Deetjen updated the City Commission regarding the Surfside Mobil station, which is south of the North Pavilion at the beach. For seven year the city has tried to acquire the property for a beachfront park and for extension of the mile long walkway to include areas north of the pier.

The gasoline station has been an illegal non-conforming use for almost 40 years. It is under new ownership. In 1997, the city received a grant for $1.4 million to acquire the property, but the previous owners did not want to sell the property to the city. The new owners are in negotiation.

Mr. Doug Haddaway, Trust for Public Lands (TBL), described the mission of his organization as conserving land for people. The TBL is assisting the city with the acquision process.

Dennis Mele, representing Surfside Mobil's owners, stated his clients met with Mr. Haddaway and the city to see if they could negotiate a deal.

City Attorney Andrew Maurodis announced that both the city and the owners would like to see the property conveyed to the city. The city is concerned about the environment cleanup of the site. He asked the City Commission to acknowledge that this is an endeavor they would like to pursue, have administration work out the details and return a complete package to the commission. The package would include a cost, interim provisions, environmental cleanup, removal of the gas station and all other necessary covenants

Commissioner Clarke-Reed asked that a public hearing be held with regard to the details of the package when it is returned for commission consideration.

A motion authorizing the administration to move forward with negotiations, keep the City Commission abreast of all developments as they occur during negotiation and to provide a final settlement package was made by Commissioner Noland and seconded by Vice Mayor Shaddow. Roll call showed: YEAS: Commissioner Clarke-Reed, Commissioner Noland, Commissioner Trinchitella, Vice Mayor Shaddow, and Mayor Capellini. NAYS: None.

PROCLAMATION: RED RIBBON WEEK

The mayor proclaimed Red Ribbon Week in the City of Deerfield Beach. Lt. Reffett accepted the proclamation on behalf of BSO. Mr. Deetjen welcomed Lt. Reffett to District X.

PROCLAMATION: DOMESTIC VIOLENCE AWARENESS MONTH

Ada Amado of Women in Distress thanked the City Commission for raising the awareness of domestic violence in the City of Deerfield Beach.

PROCLAMATION: STUDENT GOVERNMENT DAY 2000

Commissioner Clarke-Reed announced October 25, 2000 would be the seventh annual Student Government Day in recognition of Student Government Week in the state of Florida. She invited the public to attend the mock commission meeting to be conducted by the students of local area schools.

CERTIFICATES OF APPRECIATION

Certificates of Appreciation were given to Jimmetta Williams, Keith Abbott, Lance Armbruster, Chris DeClaire, and Patricia Wirtz for assisting Brian Clarke who was in a minor bicycle accident. By insisting that he go to the hospital, a routine examination revealed a brain tumor, which would have otherwise gone undetected.

Mr. Clarke thanked all involved.

BEAUTY SPOT AWARDS

Beauty Spot Awards were given to Ocean Reef Luxury Apartments, Irene Robinson, Richard and Eleanor McCarthy, St. Mary's Episcopal Church, CDA Intercorp for their upkeep of their property and enhancing the neighborhood with landscaping.

WRITTEN REQUEST TO ADDRESS THE COMMISSION

SPEAKERS OPPOSED TO BEACH PARK REFERENDUM

Thomas Connick asked the public to vote no on the referendum. Currently the access is safe and convenient. More commercial development will bring more traffic. He said he asked for the site plan and did not receive it from the city manager. He believes the citizens have no protection. He expressed concern about the amount of parking needed for the commercial development taking away parking for beachgoers.

James McGeary, he said the building would be 1.5 times the space of a nearby grocery store. Because the building could go up 3 - 4 stories, he believes the development would be a behemoth. The traffic would be increased in the area. A fifty year lease would not guarantee the quality of renters in the building.

SPEAKERS IN FAVOR OF BEACH PARK REFERENDUM

Scott Ellington noted that many of the improvements in Deerfield Beach did not require a vote and yet the projects are beautiful. The public should trust the elected officials to do the right thing. The project will be subject to many public hearings regarding the site and its appearance. Many people in the area including the parishioners of First Presbyterian Church. He urged all to vote yes.

Tom Treacy was pleased to see the community come together. He updated his house and believes the beach needs improvement too. The beach should be rejuvenated. The beach is for everyone, not just for the few who live there next to the ocean.

Greg Rogers has lived in Deerfield Beach for 43 years. Years ago the rocks on the beach would have been bucked those opposed to this project. They would have opposed the pier and the North Pavilion. The beach does not have ADA required access. The opposition should be concerned about the sand that the county wants to dredge from off of our shoreline.

Commissioner Joe Tractenberg said he beautified the beach and has always advocated progress. A park would beautify the beach. There are always people opposed to progress. Some commercial will be on the property, but that will improve the tax base. Taking power away from the Commission will destroy our form of government.

PUBLIC HEARINGS

AMEND POLITICAL SIGN ORDINANCE

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

ORDINANCE NO. 2000/023

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH AMENDING SECTION F OF ORDINANCE NO. 1998/038 RELATING TO FLAGS AND POLITICAL SIGNS; ELIMINATING ADVANCE NOTICE RELATIVE TO POLITICAL SIGNS AND THE NEED FOR APPROVAL OF SAME; PROVIDING FOR INCLUSION IN THE CITY OF DEERFIELD BEACH LAND DEVELOPMENT CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE

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

Vice Mayor Shaddow asked that paragraph (i) not be eliminated from the ordinance. She cited instances of when Code Enforcement needs to have the power to remove those signs.

A motion to set the second public hearing date for November 7, 2000 was made by Vice Mayor Shaddow and seconded by Commissioner Clarke-Reed. Roll call showed: YEAS: Commissioner Clarke-Reed, Commissioner Noland, Commissioner Trinchitella, Vice Mayor Shaddow, and Mayor Capellini. NAYS: None.

AMENDMENT TO SIGN CODE

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

ORDINANCE NO. 2000/035

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH AMENDING SECTIONS 102-3, 102-7, 102-10, AND 102-15 OF THE CITY OF DEERFIELD BEACH LAND DEVELOPMENT CODE RELATING TO SIGNS; REVISING THE DEFINITION OF COMMERCIAL SIGNS; CREATING A DEFINITION OF NON-COMMERCIAL SIGNS; LIMITING THE SIZE OF ALL FREE STANDING SIGNS; PROHIBITING SIGNS THAT ARE ATTACHED TO A BUILDING AND EXCEED THE HEIGHT OF THE BUILDING; REVISING REGULATIONS RELATING TO DESIGN CRITERIA; REVISING THE APPEAL PROCESS; PROVIDING FOR INCLUSION IN THE LAND DEVELOPMENT CODE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE

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

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

COVE TRAFFIC CALMING PLAN

Raymond LaVoy, SE 7 Court, introduced members of the Cove Traffic Calming Committee. The committee worked for 16 months developing traffic calming techniques for the area. They asked that the city adopt the plan and revisit the locations in 9 months to see if the measures had any effect.

John DePalma, McMahon Associates, worked with the committee. Two public workshops were held, surveys were conducted, and everyone who was interested was invited to participate. Additionally, the firm worked with residents and potential residents individually regarding the prospective changes. The plan was reworked 6 times and contains 20 treatments. Some of the highlights include gateway features at the main neighborhood entrances with curbing, brick pavers and landscaping.

A schedule was developed with includes meeting with Public Works and finalize the plans by January. Around February the plan will go out for bid for 45 days. Around May 1, 2001, a notice of receipt will be issued for construction, which should commence around August 2001.

Commissioner Clarke-Reed asked if other areas that have traffic calming needs would be addressed.

City Manager Larry Deetjen said Crystal Lake and Starlight Cove asked about traffic calming and the city will look into it.

Mayor Capellini advised that many families with small children live in the community now and the neighborhood was initially designed for retirees. Now accommodations have to be made to make the neighborhood safe for everyone. It may not be the answer to everyone's problem, but it is a starting place and the greater benefit is to reduce the injury to residents. He thanked the residents for working on the project and developing solutions.

Commissioner Noland thanked the committee and expressed hope for the plan's success.

Vice Mayor Shaddow agreed. The City Commission tried to solve the problem to no avail. The commission turned the responsibility over to the residents and they in turn solved the problem. She expressed her gratitude.

Mayor Capellini opened the meeting to the public.

Wayne Grimditch, who owns a commercial property at SE 15 Avenue and SE 3 Court, said he believed the business community was overlooked in terms of participation. He does not remember receiving notice, although he was told he did. The restrictions will hurt business and reduce property values. He said he was told that the SE 15 Avenue entrance would not be closed. He asked that a decision be postponed by the City Commission. His address is 2900 14^th Street Causeway, Pompano Beach.

Ken Gulden, owner of the Cove Restaurant, said he did not receive a notice to attend any of the meetings concerning traffic calming. He believes the notices should have been sent to the Cove Shopping Center owners. It will create a problem to have one entrance to the Cove Shopping Center. It will especially interrupt his valet parking to St. Ambrose. He is no longer able to valet in the Cove Shopping Center and had to move it to St. Ambrose. This change will impede his valet parking attendants.

Marge Hilton, 1101 SE 5 Ct, state she did not want any traffic calming measures in the Cove. She never saw any traffic problems that great in the Cove area. She continued that most of the people on the committee live on 7^th Court and 4^th Court.

Vice Mayor Shaddow reminded the residents that a 12 year old girl was killed on SE 12 Avenue by a speeding vehicle. Years and years of residents have come before the commission begging for relief from the speeding traffic. Not everyone on the committee was from the two streets Ms. Hilton mentioned. Anyone who wanted to join the committee was welcome at any time. All of the meetings were well publicized. The city was under no legal obligation to mail notices to anyone, but did as a courtesy. Businesses did not attend the meetings because they did not like to listen to residents complain about their patrons.

Cole Morgan, 1517 SE 4 Street, says he sees visible deaths on a monthly basis in the Cove. He named numerous recent fatal and near fatal accidents that have occurred on SE 15 Avenue. This is for the residents. It is time for this problem to stop.

Mayor Capellini added that this is not stopping traffic or closing entrances, it is to make the streets safer for the children who live in the neighborhood.

Cindy Schaupodeclaudo, owner of Floral Designs by Cindy, asked about installing speed bumps.

Mayor Capellini advised that speed bumps are not allowed in the city and there would be no closing of roads.

Todd Oliveri stated he was never told that 1800 cars a day would pass by his home. The cars race down his street. If people cannot drive 25 MPH, then additional measures must be taken to slow the traffic.

Karen Kiser, 1520 SE 4 Court, thanked the commission and the committee. She is a patron of the Cove Shopping Center and believes the committee did take into consideration the businesses there.

Bill Knott, 505 SE 20 Avenue, realizes the residents' concerns. The Cove Restaurant wants to be a good neighbor and have the matter discussed further. It is better that the parking remains in the plaza, rather than overflow to other areas. He believes the current plan will only push the traffic to other streets; it will not solve the problem.

Commissioner Noland clarified that no changes are being considered with regard to valet parking.

Janet Nederlanden, 1325 SE 4 Street, asked about the installation of additional lighting and sidewalks. She is worried that older drivers will run into the roundabouts. The cut though traffic is minimal. The light at 12^th Avenue and Hillsboro Boulevard is a problem. The CRA should be left alone until it is known what will be in the CRA area.

Mr. Deetjen explained a sidewalk was approved by the City Commission for the north side of SE 10 Street that will link SE 12^th to SE 15 Avenue. Part of the agreement with Hillsboro Commons is the upgrading of the signals, lighting, curbing and landscaping from Federal Highway to the intracoastal bridge.

Ms. Nederlanden stated that the deaths occurred because there were no sidewalks.

Mayor Capellini advised that there was great opposition to the sidewalks when they were first installed. The city is trying to improve the safety throughout the city by installing sidewalks. The streets are not wide enough for the amount of traffic they handle. The city does not have control over the traffic signals.

Commissioner Trinchitella said that the matter would come before the City Commission again in nine months for review and should be given an opportunity.

Commissioner Clarke-Reed asked out of consideration to the business community, that the matter be continued to the next meeting.

Commissioner Trinchitella replied that nothing would be resolved in two weeks that hasn't been resolved in the past 16 months.

Commissioner Clarke-Reed said the city is spending money. We should look at the change the business community is looking for and give them an opportunity.

David Morgan, 380 SE 15 Avenue, said he was originally for closing the street completely. The business community did know about the meetings. The problem did not start 16 months ago. The businesses have known about the problem and are trying to delay a decision.

Ted Moraskin agreed that the businesses have known about the meetings, but never showed up to the meetings.

Brach Redgrave thanked the City Commission for their consideration of the plan.

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

Commissioner Noland stated that she has been on the commission for 8 years and has seen many people speed through that community.

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

QUASI-JUDICIAL HEARINGS

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

APPLICATION 00-RM15-40 AND CASE NO. 1729, DARIEL AUBAIN

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

Application 00-Rm15-40 and Case No. 1729, Dariel Aubain

To modify an existing residence to a 2,426 square-foot three-dwelling unit structure; AND seeking 2 VARIANCES from the Deerfield Beach Land Development Code: (1) from the provisions of Section 98-80(b)(2) in order to allow a 5-foot wide landscape buffer rather than 10 feet as required by Code; AND (2) from the provisions of Section 98-88(e) in order to allow parking which will necessitate that vehicles back into the right-of-way at 309 S. E. 12^th Avenue.

Gerald Ferguson, Planning and Growth Management Director, said the parking would back out onto SE 3^rd Street. The Planning and Zoning Board approved the plan without the parking variance. Mr. Ferguson stated that the concerns of the P&Z Board was for the safety and the consideration of the CRA plan, rather than the aesthetics.

Dariel Aubain told the commission that she was interested in improving the property. This current configuration was the only one that would work with the addition of the third apartment.

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

Commissioner Noland said she would not approve the landscape variance, either.

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

Mayor Capellini left the dais at 9:22 PM.

APPLICATION 88-I-38 REVISION 1,1360 POWER, INC. BY ALLEN DAVIS

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

Application 88-I-38 Revision 1,1360 Power, Inc. by Allen Davis

Site plan modification to construct two additional warehouse/office buildings (28,109 square feet and 19,923 square feet) for a total of 71,776 square feet at 1280 and 1310 South Powerline Road.

Gerald Ferguson, Director of Planning and Growth Management, said the plan meets all departmental requirements.

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

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

Mayor Capellini returns to dais at 9:25 PM.

APPLICATION 00-I-73 AND CASE NO. 1741, LEDDS ENTERPRISES BY DANIEL MANCINI

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

Application 00-I-73 and Case No. 1741, Ledds Enterprises by Daniel Mancini

To construct an 119,950 square-foot moving and storage company warehouse building; AND seeking a TECHNICAL DEVIATION for 18 parking spaces at 2900 S. W. 15^th Street.

Gerald Ferguson said that site plan met all departmental requirements. He described the access points to the property and how the property abutted a residential neighborhood. There is no activity on the side that abuts the property.

Sylvia Jaygaudae, 2801 SW 15 Street, told the commission that she was concerned about the development. She asked the City Commission for protection from noise such as an outdoor PA system and trucks running their engines for air conditioning in the night. She asked for reasonable hours of operation like from 7:30 AM to 8:00 PM. When the property was initially annexed into the city, the residents were told the entrance would be off of Green Road. She asked that no flood lights shine onto the residential neighborhood and if the lights were too high, to increase the height of the wall. She was told by the facilities manager of Graebel that they would not be using an outside PA system. If the truckers are allowed to entrance off of SW 15^th, there would be trucks visible to the villas.

Ed Moniger lives in the townhouse east of the property. Trucks come down 15^th Street and get lost. When this happens, they have to make 3-point turns by backing onto people's lawns. People on the second floor will be looking onto the property. He is concerned about crime, because their parking lot is not patrolled by BSO. Trucks will sit all night with the engines running. He asked that the city deny the application and if they did not do that, he asked that the city commission meet all of their needs.

Mayor Capellini said BSO could patrol their property if the homeowners' association requested it from the city. Mayor Capellini said the application came to the City Commission with only one variance and the city will do its best to accommodate all involved.

City Manager Deetjen said the sign on SW 15 Street is not as visible as it could be and the city will improve the signage to prevent stray trucks from entering.

Mr. Moniger asked when his neighborhood would be transferred to city water.

Mr. Deetjen explained that the county floated a bond to pay for those improvements and would be unwilling to forego the revenue. If the city paid off the bond, the county would permit the transfer.

Steve Arnold said he hears trucks a couple times a month trying to turn. The Rexall-Sundown building used to be North American Van Lines. When trucks would arrive in the middle of the night, they would line the street with their engines running all night. This is what the neighborhood is trying to avoid.

Diane Bruson, 1458 SW 28 Avenue, requested the restrictions Ms. Jaygaudae recommended.

Mayor Capellini asked for no light spillage and no PA system.

Dan Mancini, applicant, introduced Craig Stanford of Graebel. Mr. Stanford said none of their facilities used PA systems.

Mr. Mancini said the regular hours of operation are 6:30 AM to 5:30 PM. Occasionally, the operations would go to 9:00 PM at the latest. The trucks that arrive at the facility park, and no work is done until the morning.

Vice Mayor Shaddow asked about the amount of trucks the operation has.

Mr. Mancini said he has a contract with Graebel for 10 years with an option to purchase. Graebel does $500 million in business per year and has 500 trucks at 58 facilities.

Commissioner Clarke-Reed asked about using Green Road as an entrance.

Mr. Mancini replied that the south side of Green Road was all residential areas and the driveway would be lengthy.

Vice Mayor Shaddow said it would be easier for trucks to access the property off of Green Road because there would be less traffic. She believes that SW 15 will cause confusion for some of the out of town drivers. She asked how much of the business was local.

Mr. Stanford answered 20 trucks would be local and the rest would be over-the-road.

Vice Mayor Shaddow asked about the out of town drivers and how they are accommodated.

Commissioner Clarke-Reed asked that the trucks not be allowed on the property after a certain hour.

Commissioner Trinchitella does not believe this operation belongs in the area.

Mayor Capellini reminded the commission that it is not a conditional use.

Mr. Mancini asked how the problem could be resolved.

Mayor Capellini said Mr. Mancini does not need the technical deviation. Mr. Mancini already agreed to no PA system, no light spillage, reasonable hours of operation, an entrance sign and a wall on the south side.

Vice Mayor Shaddow asked to resolve the problem of out of town trucks stacking in the road.

Mr. Mancini said the south side wall was six feet high on a 3 foot berm.

Mayor Capellini went over the conditions again: no light spillage, no PA system, operation hours of 6:30 AM to 5:30 PM.

Mr. Mancini said that during the summer months they may be open as late as 8:00 PM.

After much discussion, the commission asked if the trucks could enter the property after hours and park in the south area.

Mr. Mancini agreed to an overnight parking facility for up to four trucks.

Mayor Capellini recapped the conditions: no light spillage, no PA system, operation hours of 6:30 AM to 5:30 PM (until 7:30 PM in the summer).

Mr. Mancini asked about the hours of operation.

Mayor Capellini replied 6:30 AM to 5:30 PM (until 8:00 PM in the summer).

A motion to approve with the above conditions was made by Commissioner Noland and seconded by Vice Mayor Shaddow. Roll call showed: YEAS: Commissioner Noland, Commissioner Trinchitella, and Vice Mayor Shaddow. NAYS: Commissioner Clarke-Reed.

CASE NO. 1740 AND CHANGE OF USE, LANGUAGE INSTITUTE BY SYLVIA PEREIRA

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

Case No. 1740 and Change of Use, Language Institute by Sylvia Pereira

Seeking CONDITIONAL USE approval to allow a private language school for adults in a B-1 zoning district 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 mortgage loan company (Crossland Mortgage Corp.) at 1761 West Hillsboro Boulevard, Suite 202.

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

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

GENERAL ITEMS

CITRUS CANKER DISCUSSION AND UPDATE

Mayor Capellini advised that the Department of Agriculture is going to cut down 1500 trees in Deerfield Beach because of the potential canker disease. He advises that we can not do anything about it. We have gone to the governors’ office and apparently the secretary of agriculture has the power to do this. They have given us a stay of a week or two before they continue the program. We have asked them to limit their cuttings but they have their own agenda and the city can not help any further.

Vice Mayor Shaddow states they are eliminating 1500 trees in our city, and we are a tree city and they should have a little more respect. Also they have no tree replacement plan.

Commissioner Noland asked about the injunction that south Miami is trying for. Is there anything we can do?

A citizen asked if the state workers could come on her property even if the gate is locked or her dogs are out. Mayor Capellini answers, apparently they can.

Commissioner Clarke-Reed states that the workers were in her neighborhood and they were rude and not customer friendly. She suggests someone give them sensitivity training.

Commissioner Noland told of an instance with an elderly lady in the south end of the county, someone posed as a state worker and came in her house and robbed her. She states this is something that should not be taken lightly.

Ken Bailey introduced himself as the Program Director for the Citrus Canker Eradication Program for southeast Florida along with Dr. Tim Schubert, Chief Pathologist from the Gainesville Quarantine Facility and laboratory. Mr. Bailey acknowledges there are a lot of complaints and disgruntled employees. He also acknowledges that the department is aware of there being a problem with some of the two thousand employees involved in the program regarding attitude. Sensitivity training is supplied along with cultural diversity training. Weekly and daily training sessions are supplied with regard to customer service. Mr. Bailey asked for fifteen minutes to give a brief summary of the events taking place in Deerfield Beach in regard to citrus canker and where they currently are in the program.

Mayor Capellini stated the commission meeting would need to be extended to 11:00 P.M. if this was going to take a long time.

Commissioner Trinchitella stated that it should only take one minute. The citizens and the commissioners need to hear that there is a plan that has some civility for our citizens.

Commissioner Noland stated that Sunday’s Sun-Sentinel paper did not reflect Deerfield Beach’s zip code in relation to where the trees are being removed. She awoke Monday morning to fifteen trucks in a four - block radius from her home.

City Manager Larry Deetjen stated to Mr. Bailey he had requested no further work continue in the City of Deerfield Beach until they have respected the rules of the community. He suggested a contractor meeting so that everyone knows who is in charge and exactly what the plan is. During the meeting they should be prepared to answer questions as to why employees are leaving the site without going through proper de-contamination. It was agreed that the meeting would take place on Thursday morning at 9:30 A.M.

Mr. Bailey stated he had no authority to stop the work, however if the city manager had gained permission to have the work stopped from the commissioner’s office, then they of course would honor that commitment. Mr. Bailey states there is an honest concern for how the program is going. There is a commitment made by the commissioner of agriculture that by the end of January every known positive and exposed tree in this area will be gone. That equates to about two months to cut 65,000 trees. That is a commitment that was made by the commissioner, to congress and the legislature, to receive the funds to remove citrus canker from Florida. There is a concern for all municipalities, not only the citrus industry. There is no single source they are trying to help, and there is a concern for re-forestation. Deputy Craig Meyer is the person that directly answers to the commissioner and he will relate to the community exactly what will or won’t be done in regards to the program.

Mayor Capellini asked when the infected trees are cut and the crews are moving into other areas with the dander of the infected tree, are they spreading contamination?

Dr. Schubert replied that this innoculem that spreads the disease is a problem when it is wet and windy. The material that is chipped from exposed trees and from diseased trees poses a risk in the immediate vicinity for a short while. The innoculem that may be on the hands or clothing can be dealt with by using the anti-bacterial sprays. The risk of moving the disease during dry weather is very low.

There was further discussion as to why different contractors were not hired to accomplish the task of removing the trees. Preferably some one with arbor care experience. Also it was again discussed that it seems there is not a plan of action.

Commissioner Clarke-Reed stated that thirty cities in Broward County have tried to obtain answers and stop this program with no response from the state.

Mayor Capellini thanked Mr. Bailey and Dr. Shubert for their time and adjourned this part of the meeting.

A motion was made by Commissioner Noland to move items I-3, I-4, and I-5 into the consent agenda. It was seconded by Vice Mayor Shaddow. Roll called showed: YEAS: Commissioner Clarke-Reed, Commissioner Noland, Commissioner Trinchitella, Vice Mayor Shaddow, Mayor Capellini. NAYS: None.

CONSENT AGENDA

AGREEMENT WITH KEITH AND SCHNARS

RESOLUTION NO. 2000/132

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO A CONTRACT WITH KEITH AND SCHNARS, P.A. FOR PROFESSIONAL CONSULTING SERVICES FOR DEVELOPMENT OF THE CITY LANDFILL AT THE NORTHWEST CORNER OF S.W. 3RD AVENUE AND S.W. 4TH STREET IN THE CITY OF DEERFIELD BEACH, FOR THE CONTRACT PRICE OF $19,775.00

CONTRACT WITH CAMP DRESSER & MCKEE, INC.

RESOLUTION NO. 2000/150

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 MEMBRANE PLANT CONCENTRATE DISCHARGE MAIN DESIGN, PERMITTING AND BIDDING, CITY PROJECT NO. 10903-P, PHASE IV, FOR THE CONTRACT PRICE OF $198,000.00

CONTRACT WITH CAMP DRESSER & MCKEE, INC.

RESOLUTION NO. 2000/151

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 WELLFIELD CAPACITY AND SITING EVALUATION, CITY PROJECT NO. 11020-P, FOR THE CONTRACT PRICE OF $97,750.00

SEA TURTLE PROTECTION

ORDINANCE NO. 2000/034

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH RELATING TO THE PROTECTION OF SEA TURTLES; CREATING SECTION 34-96, CODE OF ORDINANCES, RELATING TO BEACH AREA OUTDOOR LIGHTING RESTRICTIONS; PROVIDING A PURPOSE; PROVIDING A PENALTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE

A motion to set public hearing for November 7, 2000 was made by Commissioner Noland and seconded by Vice Mayor Shaddow. Roll call showed: YEAS: Commissioner Clarke-Reed, Commissioner Noland, Commissioner Trinchitella, Vice Mayor Shaddow, and Mayor Capellini. NAYS: None.

CONTRACT WITH ASPHALT CONSULTANTS, INC.

RESOLUTION NO. 2000/147

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO A CONTRACT WITH ASPHALT CONSULTANTS, INC. FOR PROJECT NO. 10994-P, PHASE II, FOR WATER SERVICE LINE REPLACEMENT FOR THE CONTRACT PRICE OF $98,440.00, AND SPECIFYING THE FUNDS THEREFORE

PURCHASE PARCEL AT 427 NE 2 STREET

RESOLUTION NO. 2000/148

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH AUTHORIZING THE PURCHASE OF A PARCEL OF PROPERTY LOCATED AT 427 N.E. 2ND STREET FOR A PURCHASE PRICE OF $85,000.00

PAYMENT FOR QUIET WATERS PLAZA PARCEL

RESOLUTION NO. 2000/149

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH AUTHORIZING THE PAYMENT OF UP TO THE AMOUNT OF $100,000.00 TOWARDS THE COST OF ACQUISITION BY BROWARD COUNTY OF A PARCEL OF PROPERTY ON HILLSBORO BOULEVARD IN THE CITY OF DEERFIELD BEACH FOR PARK PURPOSES

ADMINISTRATIVE ACTIONS AND CITY MANAGER COMMENTS

None

COMMENTS BY MAYOR AND COMMISSIONERS

Commissioner Noland says there will be trees at Deerfield Beach Middle school removed. The tent is ten feet and the palm trees that are currently there are in the way. The trees will be moved on to the swale on 2^nd.

PUBLIC TO BE HEARD

Dan Bracewell, substitute speaker for John Goland, has remarks regarding the beach. He has been in Florida for 50 years. He questions is it wise to increase the commercial density of our beach to gain some of the glamour of a Beach Place? His family recently chose to move to Deerfield Beach for what it is and also what it is not. Deerfield Beach is somewhere to come and sit in lawn chairs and enjoy the peace. Fort Lauderdale thought they wanted to increase their density and are now realizing they have a monkey on their back. Ask Hillsboro Beach residents if they would like to exchange some of their back yard for some commercial development and their answer would most likely be no. His message is that Florida has 1400 miles of beach around the state and there is something for everyone. Deerfield Beach has a unique personality and should be left alone.

Commissioner Clarke-Reed said St. Mary’s Church will be having a Friends and Family Day on November 4, 2000 and they want a temporary banner on the church property to announce that. They also asked for a waiver of the permit fee. A motion was made by Commissioner Clarke-Reed. It was seconded by Vice Mayor Shaddow. Roll call showed: YEAS: Commissioner Clarke-Reed, Vice Mayor Shaddow, Mayor Capellini. NAYS: None.

Mary Beireger says with regard to the beach referendum, which voters are voting on, you are calling this a park, but voters are voting on a 30% commercialization of ocean front property. She feels this is too much commercialization even for an already commercialized area. Extra parking could be given to the public via the 6.5 acres of land that have been acquired, and not increase the density by commercialization.

Brad Chalker supports the beach park referendum. His family also has a long history in the City of Deerfield Beach. He has been very happy and supportive of the community service organizations. He asks for support of the Rotary and the Kawanis, and to vote yes on the beach park referendum.

ADJOURNMENT

The meeting was adjourned at 11:00 P.M.

ALBERT R. CAPELLINI, P.E., MAYOR

Attest:

________________________________

FELICIA M. BRAVO, CITY CLERK