REGULAR MEETING OF THE CITY OF DEERFIELD BEACH

CITY COMMISSION

Tuesday, November 7, 2000 7:00 P.M.

The meeting was called to order at 7:07 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

Vice Mayor Kathy Shaddow (in at 7:20 PM)

Mayor Albert Capellini, P.E.

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 Pastor George Bowles followed by the Pledge of Allegiance to the flag.

APPROVAL OF MINUTES

1. Regular Meeting of the Commission - October 17, 2000

2. Workshop of the Commission - October 23, 2000

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

ACKNOWLEDGEMENT OF BOARD MINUTES

1. Code Enforcement Board - October 9, 2000

The Commission acknowledged the above board minutes.

PRESENTATIONS

CERTIFICATE OF APPRECIATION: LILLIAN KAMINSKY

Mayor Capellini presented a Certificate of Appreciation to Lillian Kaminsky on her retirement from the Northeast Focal Point. Ms. Kaminsky thanked the city for the honor and privilege of working for the city.

MAKE A WISH FOUNDATION THANKS FIRE/RESCUE DEPARTMENT

Jim Campo, Make a Wish Foundation, to thank Fire/Rescue Department for making a young patient's wish come true by picking him up in a fire truck and taking him to the firehouse. They toured the firehouse and staged an alarm for him. Afterward, everyone ate pizza.

PAY AND CLASSIFICATION STUDY

Palmer and Cay Consulting Group discussed the Pay and Classification Study with the commission. Barry Miles, Managing Director of Palmer and Cay, asked the commission if they had questions. City Commission asked how long the process would take.

They were advised that the study would take three to four months collect the data. Analyzing the data would be an additional two months. The City Commission would have the results in time for the FY 2001/2002 budget process.

A motion to approve a contract with Palmer and Cay subject to form and content by the City Manager and City Attorney was made by Commissioner Clarke-Reed and seconded by Commissioner Noland. Roll call showed: YEAS: Commissioner Clarke-Reed, Commissioner Noland and Mayor Capellini. NAYS: None.

WRITTEN REQUEST TO ADDRESS THE COMMISSION

OCEAN PLAZA REQUESTS FLAG VARIANCE

Robert Couf, South Florida Properties, asked if the Ocean Plaza sales office could place flags in the ground during their office hours. He told the commission that the flags are 5x7 on six foot poles.

It was agreed that the flags would remain the same size and be displayed between 9:30 AM and 5 PM. After six months, Mr. Couf could come before the City Commission and ask for another extension.

A motion to approve a six month variance with the above mentioned conditions made by Commissioner Noland and was seconded by Commissioner Clarke-Reed. Roll call showed: YEAS: Commissioner Clarke-Reed, Commissioner Noland and Mayor Capellini. NAYS: None.

PUBLIC HEARINGS – CHANGE OF USE

B.H. PARTS, INC.

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

B.H. Parts, Inc.

Change of use from construction clean-up (Kevin Conklin) to export of car parts, business office at 1155 SW 1^st Way.

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

Vice Mayor Shaddow arrives at 7:20 PM.

Commissioner Noland asked the applicant if the site would be an office only or if auto parts would distributed from this location.

Carmino Santos, applicant, responded it would be an office processing paperwork.

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

AMERICAN TECHNICAL SUPPORT, INC.

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

American Technical Support, Inc.

Change of use from distributor (Cool Carts) to consulting for emergency/standby power systems at 264 S. Military Trail.

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

ERM SOLUTIONS

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

ERM Solutions

Change of use from Carpet rug cleaning (J.P. Miller & Sons) to executive recruiting at 229 S. Goolsby Blvd.

SUPERIOR QUALITY ROOFING

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

Superior Quality Roofing

Change of use from Wholesale merchant (2000 T-shirt, Inc.) to roof sales & inspections at 220 S. Military Trail

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

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

SEA TURTLE PROTECTION

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

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

George Cavros, 1939 NE 6 Street, thanked the commission for adopting the ordinance. Mr. Cavros introduced and thanked turtle protection and lighting specialists who were in attendance at the meeting for lending their expertise to this matter.

FLORIDA MUNICIPAL LOAN COUNCIL

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

ORDINANCE 2000/037

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH, FLORIDA, AUTHORIZING THE NEGOTIATION OF A LOAN IN AN AGGREGATE AMOUNT NOT TO EXCEED $2,821,152.50 FROM THE FLORIDA MUNICIPAL LOAN COUNCIL; APPROVING THE ACQUISITION, CONSTRUCTION AND ERECTION OF CERTAIN CAPITAL PROJECTS; APPROVING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT WITH THE FLORIDA MUNICIPAL LOAN COUNCIL; APPROVING THE EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT; APPROVING THE EXECUTION AND DELIVERY OF A DISCLOSURE AGREEMENT; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION WITH THE MAKING OF SUCH LOAN; AND PROVIDING AN EFFECTIVE DATE

Motion to approve subject to the approval of the exhibits was made by Commissioner Noland and seconded by Vice Mayor Shaddow. Roll call showed: YEAS: Commissioner Clarke-Reed, Commissioner Noland, Vice Mayor Shaddow, and Mayor Capellini. NAYS: None.

QUASI-JUDICIAL HEARINGS

APPLICATION 00-P-154, ABDO INVESTMENTS, INC., BY PETER SABGA

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

Application 00-P-154, Abdo Investments, Inc., by Peter Sabga

To plat 5.919 acres to be known as Hillsboro Commerce Park located at 232-288 S. W. 12^th Avenue.

A motion to continue the hearing to November 21, 2000 made by Commissioner Noland was seconded by Commissioner Clarke-Reed. Roll call showed: YEAS: Commissioner Clarke-Reed, Commissioner Noland, Vice Mayor Shaddow, and Mayor Capellini. NAYS: None.

APPLICATION 92-B1-105 REVISION 1 AND CASE NO. 1745, KOSTAS & KATHY ALEXOPOULOS D/B/A MIAMI SUBS

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

Application 92-B1-105 Revision 1 and Case No. 1745, Kostas & Kathy Alexopoulos d/b/a Miami Subs

To modify existing site plan to remove the use restriction on 2,050 square feet of floor area; AND seeking a VARIANCE from Section 18-143 of the Deerfield Beach City Code to allow more than 14 amusement games in a building that is less than 10,000 square feet in size; AND seeking a TECHNICAL DEVIATION for 14 parking spaces in accordance with the provisions of Section 98-88(q) of the Deerfield Beach Land Development Code at 3317 West Hillsboro Boulevard.

CASE NO. 1744 AND CHANGE OF USE, ANDRE LEWIS

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

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

Case No. 1744 and Change of Use, Andre Lewis

Seeking a VARIANCE from the provisions of Schedule B of the Deerfield Beach Land Development Code in order to allow a hair salon with 4 parking spaces rather than 6 spaces as required by Code; AND seeking CHANGE OF USE approval to occupy space previously occupied by an insurance company (A-Southern No Fault Insurance) at 209 West Hillsboro Boulevard.

Gerald Ferguson, Director of Planning and Growth Management, stated that there were no staff objections.

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

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

SIGN CASE NO. 563, OTI PHARMACY

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

Sign Case No. 563, OTI Pharmacy

Seeking a VARIANCE from the provisions of Section 102-7(12) of the Deerfield Beach Land Development Code in order to allow two (2) portable signs for a retail business. The Code prohibits portable signs with the exception of “moveable menu boards” for restaurants at 1718 West Hillsboro Boulevard.

SIGN CASE NO. 564, BURGER KING BY GLENN LEVINS

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

Sign Case No. 564, Burger King by Glenn Levins

Seeking a VARIANCE from Section 102-8(c)(2) of the Deerfield Beach Land Development Code in order to allow two (2) building signs which will not front on a right-of-way at 1303 South Military Trail.

GENERAL ITEMS

CASE NO. 1727 – RICHARD TROIA - APPEAL OF BOARD OF ADJUSTMENT DENIAL OF VARIANCE REQUEST

Mr. Troia asked to appeal the BOA decision denying a variance for a boat lift at 1597 SE 8 Street.

A motion to continue the matter to November 21, 2000 made by Commissioner Noland was seconded by Commissioner Clarke-Reed. Roll call showed: YEAS: Commissioner Clarke-Reed, Commissioner Noland, Vice Mayor Shaddow, and Mayor Capellini. NAYS: None.

CONSENT AGENDA

APPLICATION 00-R-127, KEVIN KRAFT BY LEIGH ROBINSON KERR TO REZONE PROPERTY

Application 00-R-127, Kevin Kraft by Leigh Robinson Kerr asks to rezone a 33.05-acre parcel from A (Agriculture) to I (Industrial); AND to rezone a 6.85-acre parcel from A (Agriculture) and I (Industrial) to B-3 (General Business) at 600 South Powerline Road.

ORDINANCE NO. 2000/038

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH REZONING A 33.05 ACRE PARCEL FROM A (AGRICULTURE) TO I (INDUSTRIAL), SAID PARCEL DESCRIBED AS A PORTION OF THE SW 1/4 OF SECTION 3, TOWNSHIP 48 SOUTH, RANGE 42 EAST, MORE PARTICULARLY DESCRIBED IN THE FILE, LOCATED AT 600 SOUTH POWERLINE ROAD; CONTAINING A PROVISION FOR REVISION OF THE CITY ZONING MAP; CONTAINING A SEVERABILITY CLAUSE; CONTAINING AN EFFECTIVE DATE

ORDINANCE NO. 2000/039

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH REZONING A 6.85 ACRE PARCEL FROM A (AGRICULTURE) AND I (INDUSTRIAL), TO B-3 (GENERAL BUSINESS) SAID PARCEL DESCRIBED AS A PORTION OF THE SW 1/4 OF SECTION 3, TOWNSHIP 48 SOUTH, RANGE 42 EAST, MORE PARTICULARLY DESCRIBED IN THE FILE, LOCATED AT 600 SOUTH POWERLINE ROAD; CONTAINING A PROVISION FOR REVISION OF THE CITY ZONING MAP; CONTAINING A SEVERABILITY CLAUSE; CONTAINING AN EFFECTIVE DATE

A motion to set the public hearing for December 5, 2000 made by Commissioner Clarke-Reed was seconded by Commissioner Noland. Roll call showed: YEAS: Commissioner Clarke-Reed, Commissioner Noland, Vice Mayor Shaddow, and Mayor Capellini. NAYS: None.

APPLICATION 00-R-130, MOGERMAN, O’LEARY & PATEL, III BY PRAKESH PATEL

Application 00-R-130, Mogerman, O’Leary & Patel, III by Prakesh Patel asked to rezone a .319-acre parcel from RM-25 (Residential, Multi-Family) to B-1 (Community Business) at 313 N. E. 21^st Avenue and 312 N. E. 20^th Avenue.

ORDINANCE NO. 2000/040

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH REZONING A .319 ACRE PARCEL FROM RM-25 (RESIDENTIAL, MULTI-FAMILY) TO B-1 (COMMUNITY BUSINESS), SAID PARCEL DESCRIBED AS LOTS 8 AND 23, BLOCK 5 OF OCEAN VUE, MORE PARTICULARLY DESCRIBED IN THE FILE, LOCATED AT 312 N.E. 20TH AVENUE; CONTAINING A PROVISION FOR REVISION OF THE CITY ZONING MAP; CONTAINING A SEVERABILITY CLAUSE; CONTAINING AN EFFECTIVE DATE

A motion to set the public hearing for November 21, 2000 made by Commissioner Clarke-Reed was seconded by Commissioner Noland. Roll call showed: YEAS: Commissioner Clarke-Reed, Commissioner Noland, Vice Mayor Shaddow, and Mayor Capellini. NAYS: None.

TREE PRESERVATION AMENDMENTS

ORDINANCE NO. 2000/041

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH AMENDING SECTION 98-81 OF THE DEERFIELD BEACH LAND DEVELOPMENT CODE RELATING TO TREE PRESERVATION; CONTAINING A PROVISION FOR INCLUSION IN THE CITY CODE, CONTAINING A PROVISION FOR SEVERABILITY; CONTAINING AN EFFECTIVE DATE

PROHIBIT FEEDING OF WILD BIRDS ON THE BEACH

ORDINANCE NO. 2000/042

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH CREATING A NEW SECTION OF THE CITY CODE PROHIBITING THE FEEDING OF WILD BIRDS ON THE BEACH; CONTAINING A PROVISION FOR INCLUSION IN THE CITY CODE; CONTAINING A SEVERABILITY CLAUSE; CONTAINING AN EFFECTIVE DATE

REAPPOINT MEMBER TO CULTURAL COMMITTEE

RESOLUTION 2000/152

A RESOLUTION RE-APPOINTING MEMBERS TO THE DEERFIELD BEACH CULTURAL COMMITTEE

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

APPOINT NEW MEMBER TO BEAUTIFICATION AUTHORITY

RESOLUTION NO. 2000/153

A RESOLUTION APPOINTING A NEW MEMBER TO THE DEERFIELD BEACH BEAUTIFICATION AUTHORITY

APPOINT NEW MEMBER TO COMMUNITY APPEARANCE BOARD

RESOLUTION NO. 2000/154

A RESOLUTION APPOINTING A MEMBER TO THE DEERFIELD BEACH COMMUNITY APPEARANCE BOARD

APPOINT NEW MEMBER TO CODE ENFORCEMENT BOARD

RESOLUTION NO. 2000/155

A RESOLUTION APPOINTING AN ALTERNATE MEMBER TO THE DEERFIELD BEACH CODE ENFORCEMENT BOARD

CONFIRM ELECTION TO FIREMEN'S PENSION TRUST FUND

RESOLUTION 2000/156

A RESOLUTION CONFIRMING THE RE-APPOINTMENT OF MEMBERS TO THE BOARD OF TRUSTEES - FIREMEN’S PENSION TRUST FUND

AUTHORIZE APPLICATION FOR FLORIDA RECREATION DEVELOPMENT ASSISTANCE GRANT

RESOLUTION NO. 2000/158

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPLY FOR A FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM GRANT (FRDAP) IN THE AMOUNT OF $200,000 FOR VARIOUS WESTSIDE PARK IMPROVEMENTS

AUTHORIZE APPLICATION FOR ENHANCED MARINE LAW ENFORCEMENT GRANT

RESOLUTION NO. 2000/159

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH SUPPORTING THE APPLICATION FOR THE ENHANCED MARINE LAW ENFORCEMENT GRANT (EMLEG) PROGRAM RENEWAL FOR THE FISCAL YEAR 2000/2001 AND PURCHASE OF MARINE PATROL ENFORCEMENT EQUIPMENT

AUTHORIZE APPLICATION FOR HISTORIC PRESERVATION GRANT AND AID PROGRAM GRANT

RESOLUTION NO. 2000/160

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPLY FOR A GRANT FROM THE HISTORIC PRESERVATION GRANTS AND AID PROGRAM TO PROVIDE FINANCIAL ASSISTANCE FOR THE RESTORATION OF PHASE II AND III OF THE DEERFIELD BEACH OLD SCHOOLHOUSE

PURCHASE 30 SCOTT AIR PAKS

RESOLUTION NO. 2000/161

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH AUTHORIZING THE CITY TO ENTER INTO A CONTRACT WITH SAFETY EQUIPMENT COMPANY FOR THE PURCHASE OF THIRTY SCOTT AIR PAKS, FOR THE DEPARTMENT OF FIRE RESCUE FOR THE SAFETY AND PROTECTION OF THE DEPARTMENT'S PERSONNEL, FOR A TOTAL PRICE OF $107,404.00, AND SPECIFYING THE FUNDS THEREFORE

PURCHASE BULK QUICK LIME

RESOLUTION NO. 2000/162

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH APPROVING A CONTRACT WITH THE CHEMICAL LIME COMPANY FOR THE PURCHASE OF APPROXIMATELY 3,500 TONS OF BULK QUICKLIME AT A COST OF $354,690.00, PURSUANT TO THE BROWARD COUNTY COOPERATIVE PURCHASING GROUP BID #01-02B, AND SPECIFYING THE SOURCE OF FUNDS THEREFORE

PURCHASE FIRE BOOTS AND BUNKER GEAR

RESOLUTION NO. 2000/163

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH AUTHORIZING THE CITY TO ENTER INTO A CONTRACT WITH SAFETY EQUIPMENT COMPANY FOR THE PURCHASE OF TWENTY-THREE PAIRS OF FIRE FIGHTER BOOTS AND FORTY SETS OF BUNKER GEAR TO INCLUDE JACKETS AND PANTS, PURSUANT TO THE TERMS AND CONDITIONS OF THE BROWARD COUNTY GOVERNMENTAL COOPERATIVE PURCHASING GROUP CONTRACT, FOR THE DEPARTMENT OF FIRE RESCUE FOR THE SAFETY AND PROTECTION OF THE DEPARTMENT'S PERSONNEL, FOR A TOTAL PRICE OF $54,559.50, AND SPECIFYING THE FUNDS THEREFORE

PURCHASE 2001 FORD EXPLORER

RESOLUTION NO. 2000/164

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO A CONTRACT WITH DUVAL FORD FOR THE PURCHASE OF ONE FORD EXPLORER FOR USE BY THE DEPARTMENT OF ENGINEERING AND UTILITIES MAINTENANCE, FOR A TOTAL COST OF $21,318.00, AND SPECIFYING THE FUNDS THEREFORE

TRI-PARTY DEVELOPER'S AGREEMENT BETWEEN THE CITY OF DEERFIELD BEACH, BROWARD COUNTY AND OUR LADY OF MERCY (ARCHDIOCESE OF MIAMI)

RESOLUTION NO. 2000/165

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH BROWARD COUNTY AND OUR LADY OF MERCY FOR A TRAFFIC CONCURRENCY ACTION PLAN

ADMINISTRATIVE ACTIONS AND CITY MANAGER COMMENTS

None

COMMENTS BY MAYOR AND COMMISSIONERS

Commissioner Noland asked residents to apply for the Board of Adjustment. The problem they are experiencing is in order for a variance to pass, it must have four votes. If one member is missing and the vote is 3-1, the variance will not carry. She also asked for volunteers for Fort Riverbend. Additionally, she asked that the city look into also naming Second Avenue Ed Dietrich Avenue.

HOTDOG STAND AT BRANDSMART

Vice Mayor Shaddow distributed materials she received from Carl Vitale. Mr. Vitale asked if he could place a hotdog cart at Brandsmart. Some of the proceeds would be donated to Kids in Distress. He has permission from Brandsmart. She suggested that he consider donating some of the proceeds to the Girls and Boys Club or the Tower Club teen center.

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

Vice Mayor Shaddow asked that his permits be approved and expedited.

Commissioner Noland agreed that the proceeds should benefit the teen center.

Commissioner Clarke-Reed suggested the proceeds rotate to other groups that may be in need.

BURNING RUBBER AT HARDRIVES, INC.

Vice Mayor Shaddow received complaints about the smell of burning rubber at Hardrives, Inc. She suspects they are burning rubber and asked about the possibility of having their variances revoked. She stated that the old asphalt and tires could be the source of the problem.

Sgt. Bruce Swift, Code Enforcement Supervisor, said he contacted Department of Planning Environmental Protection (DPEP) and learned that Hardrives has a contract with the Florida Department of Transportation to collect used tires, melt them and add it to asphalt. The incinerator they are using is not supposed to release fumes and if it is, it is not working properly.

Vice Mayor Shaddow asked if our City Code addresses this type of activity. Hardrives advised the City Commission previously that they used old asphalt to make recycled asphalt, but never mentioned the melted tires.

Sgt. Swift said an inspector would be going to the site the next day. Sgt. Swift would look into the Code to see if it covers matters like this.

RAPID ROLLOFF COLLECTING DEBRIS

Vice Mayor Shaddow stated that Rapid Rolloff was not given permission to sort debris outside and the City Commission was assured that would not happen. Rapid Rolloff has a large pile of debris outside. Vice Mayor Shaddow believes that working with the businesses to come to a compromise has led to problems with enforcement of the conditions of approval and added the City Commission should think carefully before negotiating to such degrees.

Sgt. Swift reviewed the site plans and stated the City Commission was clear in its intent. Rapid Rolloff is not allowed to sort outdoors. He offered Rapid Rolloff an opportunity to correct this and other problems on the site, such as not having the required landscaping in place. Some of Hardrives' trucks on parking on 14^th are destroying the swale, so no parking signs may have to be installed. The internal movement of traffic is also not in compliance with the site plan. Trucks are supposed to enter on Powerline and exit on 14^th.

Commissioner Noland asked if their occupational license was renewed.

Sgt. Swift said he is handling this as a code enforcement issue and as long as they are on this site, they must comply.

Vice Mayor Shaddow said they had their occupational license in place when they came before the commission for the site plan.

PUBLIC TO BE HEARD

AIRCRAFT AND JETSKIS ON CRYSTAL LAKE

Gene Ash, 960 Crystal Lake Drive, said an aircraft and jetskis are making noise on Crystal Lake. A seaplane that looks like a boat has been taking off and landing on Crystal Lake creating a lot of noise. The jetskis are very noisy, too. He said he would call Code Enforcement tomorrow.

ADJOURNMENT

The meeting was adjourned at 7:45 PM.

ALBERT R. CAPELLINI, P.E., MAYOR

Attest:

FELICIA M. BRAVO, CITY CLERK