CITY OF DEERFIELD BEACH REGULAR CITY COMMISSION MEETING MINUTES Tuesday, October 21, :00 P.M.

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1 CITY OF DEERFIELD BEACH REGULAR CITY COMMISSION MEETING MINUTES Tuesday, October 21, :00 P.M. The meeting was called to order at 7:00 p.m. by Mayor Capellini on the above date in the Commission Chambers, City Hall. CALL TO ORDER AND ROLL CALL Present: Also Present: Absent: Commissioner Steve Gonot Commissioner Pam Militello Commissioner Marty Popelsky Vice Mayor Sylvia Poitier Mayor Albert R. Capellini, P.E. Michael Mahaney, City Manager Andrew Maurodis, City Attorney Ada Graham-Johnson, City Clerk None INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Tony Guadagnino, Christian Love Fellowship The invocation was offered by Pastor Tony Guadagnino, followed by the pledge of allegiance. APPROVAL OF THE MINUTES TAPE 1, COUNT 0047 Regular City Commission Meeting Minutes October 7, 2008 Mayor Capellini stated that on page 25 of the aforementioned minutes, there was a brief discussion regarding the Boinis property and the vote made at the March 1, 2005 Commission Meeting, Item 6a. He said he made a motion to not accept Mr. Boinis s proposal and asked that this information be included in the record. Commissioner Gonot stated that the comment was not made on October 7, 2008 and the minutes are an accurate reflection of the discussion. Mayor Capellini stated that he made a statement that he wish to have reflected in the record that he made at the October 7 th meeting concerning his vote from March 1,

2 APPROVAL OF THE MINUTES (CONTINUED) Discussion pursued amongst the Commission regarding Mayor Capellini statement. Commissioner Militello stated that the City Clerk has advised her that a verbatim will have to be done on that portion as she cannot change the minutes from their current format. MOTION was made by Vice Mayor Sylvia Poitier and seconded by Commissioner Steve Gonot to approve the Regular City Commission Meeting Minutes of October 7, 2008 and provide verbatim minutes for Item 25, Boinis beach property. Voice Vote: YEAS: Commissioner Steve Gonot, Commissioner Pam Militello, ACKNOWLEDGEMENT OF BOARD MINUTES TAPE 1, COUNT ) Community Appearance Board Minutes September 24, ) Code Enforcement Board Minutes September 8, 2008 The Board minutes were acknowledged by Commissioner Gonot. APPROVAL OF THE AGENDA TAPE 1, COUNT 0131 October 21, 2008 Mayor Capellini acknowledged the addendum and stated that he would like to add an item to the agenda, relative to the Arboretum. Mayor Capellini stated that the Arboretum would like to present a check to the City. Ada Graham-Johnson, City Clerk, stated that it could be included as a presentation. MOTION was made by Vice Mayor Sylvia Poitier and seconded by Commissioner Steve Gonot to approve the agenda as amended. Voice Vote: YEAS: Commissioner Steve Gonot, Commissioner Pam Militello, 2

3 WRITTEN REQUESTS Walter DaSilva, 1069 NE 43 rd Street, Oakland Park, requests to address the Commission regarding Petitto s Ice Cream. Mr. DaSilva thanked the Commission for the opportunity to address them. He said that it is his opinion that allowing an ice cream truck to sell in the City can be done in a very safe manner. He provided material to the Commission concerning safety information and testimonies from various residents. Further, Mr. DaSilva stated that he believes this venture will be pleasing to the children and may be very feasible. He also suggested allowing the sale of ice cream for six (6) months and thereafter to check the progress. If satisfactory, they will allow for an extension for an additional six (6) months. He urged the Commission consider his request. Jeff Munsell, 1631 Riverview Road, #803, Deerfield Beach, requests to address the Commission regarding the Boinis property. Jeff Munsell read from a prepared statement asking that the City Commission reconsider the purchase of the Boinis property. He provided four (4) recommendations to the Commission: 1) Have the property appraised for its latest, real market value; 2) develop a realistic figure between the $300,000 and real appraisal based on comfort level; 3) direct the Parks & Recreation Department to pursue additional grants, if necessary; 4) tender your final responsible offer. He said that it is time to work on behalf of current and future generations of public beach goers. He thanked the Commission for their consideration. Andrew Maurodis, City Attorney, stated that at the October 7, 2008 City Commission Meeting, the impression was given that the $310,000 grant was a matching grant. The Administrators has since determined that that is incorrect. However, there is a likelihood of obtaining a FRDAP grant for $200,000. Thus, the Commission may combine those funds together and present a final offer of $510,000, which maybe acceptable. Additionally, the transaction would not require any City funds. MOTION was made by Commissioner Militello and seconded by Vice Mayor Sylvia Poitier to pursue the FRDAP Grant of $200,000 to assist with the purchase of the Boinis beach property. Voice Vote: YEAS: Commissioner Steve Gonot, Commissioner Pam Militello, Barbara Miranda, 160 Ventnor J, Deerfield Beach, requests to address the Commission regarding the economy and the Iraq War. 3

4 WRITTEN REQUESTS CONTINUED Barbara Miranda stated that the word fiduciary should be omitted from the dictionary as it has become meaningless. She commented on the Wall Street Bailout and stated that it was designed to help the same corporations and lobbyists. She stated that these incompetents destroy working people, retirees pension plans, 401ks, IRAs, etc. Ms. Miranda continued to comment on the market and how the actions of corporations and lobbyists have left the working class at a disadvantage. Continuing, Ms. Miranda stated that the bailout was not a stimulus package on behalf of working people. She said that more than 70% of people want an immediate end to the war, their will is ignored and the military industrial war profiteer budget is increasing. Further, she stated that the working class have power in numbers and can bring big business and government to a halt. She asked that the Commission vote tonight for a straw ballot and the immediate end of the Iraq War. Ms. Miranda continued to voice her opinions concerning the Bush Administration and today s economy. PRESENTATION TAPE 1, COUNT 0427 Mayor Capellini stated that the Arboretum is a 501c3 and was chartered in 1999 and has raised approximately $205,000 over the last four (4) years, as well as many hours of volunteerism. He said they are planning to create a rainforest in the near future, which will showcase the tropical, high rainfall environment. Jerry Behan, 520 SE 18 th Avenue, Deerfield Beach, stated that in 2005, he entered into a verbal agreement with former City Manager Larry Deetjen concerning an Urban Forestry Hurricane Recovery Grant. The terms of the grant would pay up to 3 to 1 for approved expenditures to recover from the disasters of the 2004 hurricane season. The City would fund the grant, paying the vendors, while the Friends of the Arboretum would administer it and return any grant funds to the City. Total expenditures for this grant were $71, and the 3 to 1 match meant that a check was returned to the Friends of the Arboretum in the amount of $53, The Friends of the Arboretum has always spent 100% of its funds in the development and furtherance of the Arboretum. No member receives a salary, nor do they profit from the organization. Furthermore, they are ready to assist the City in finding new funding by partnering with the Parks & Recreation Department on future grants. Mr. Behan presented a check to the City in the amount of $53, Mr. Behan showed the artist rendering of the rainforest. He also explained that the illustration is roughly ¾ of an acre of the approximate 10 acres of Constitution Park. They are proposing two (2) different waterfalls with stream beds, running pumps from the canal and back into the canal. There will be foot paths and bridges over these streams. The forest will also include large canopy trees, irrigation that simulates rainfall will be in the trees, so it will rain every day. He said the main part of the forest is a large ficus tree, approximately 100 feet wide and 50 feet tall. He said other trees will be planted at approximately 100 feet tall. 4

5 PRESENTATION CONTINUED Mayor Capellini stated that the park has many exotic fruit trees, to include papaya trees, a banana tree, and a coffee bean tree. Mayor Capellini introduced Mr. Welch another member of the Arboretum. Steve Welch, Deerfield Beach, said that everything that has been done in the Arboretum is a result of volunteer workers. He provided a brief history of the Arboretum and how other cities have asked them to start an arboretum in their city. CONSENT AGENDA ITEM 1 TAPE 1, COUNT 0675 Resolution 2008/252 - A Resolution of the City Commission of the City of Deerfield Beach approving a contract with Tropichem Enterprises for the purchase of polymer for the Department of Engineering and Utilities, at a total estimated annual expenditure of $48,960.00, pursuant to the terms and conditions of the City of Cocoa Beach Bid #B CC, and specifying the source of funds therefore. (Funds from Account # Materials & Supplies/Chemicals) ITEM 2 TAPE 1, COUNT 0675 Resolution 2008/253 - A Resolution of the City Commission of the City of Deerfield Beach, Florida, approving a Water Use Permit Application Processing Fee for the 20 Year Permit from South Florida Water Management District in the amount of $11, (Funds from Account # Water Plant) ITEM 3 TAPE 1, COUNT 0675 Resolution 2008/254 - A Resolution of the City Commission of the City of Deerfield Beach authorizing the proper City officials to purchase a 2009 Caterpillar Tractor for beach cleaning, from Kelly Tractor, for the purchase price of $63,007.00, and specifying the funds therefore. (Funds from Account # Capital Outlay Machines & Equipment, Automotive) ITEM 4 TAPE 1, COUNT 0675 Resolution 2008/255 - A Resolution of the City Commission of the City of Deerfield Beach authorizing the proper City officials to purchase a Beach Tech 2000 beach cleaning machine from Kassbohrer All Terrain Vehicles, Inc. for the price of $43,750.00, and specifying the funds therefore. (Funds from Account # Capital Outlay Machines & Equipment, Automotive) 5

6 CONSENT AGENDA CONTINUED ITEM 5 TAPE 1, COUNT 0675 Resolution 2008/256 - A Resolution of the City Commission of the City of Deerfield Beach, Florida, approving the purchase as a sole source bid of Naviline and One Point Software in the purchase amount of $83, (Funds from Account # Software) ITEM 6 TAPE 1, COUNT 0675 Resolution 2008/257 - A Resolution of the City Commission of the City of Deerfield Beach approving the purchase from Don Reid Ford of one 2009 Ford Explorer Utility Vehicle for the Department of Fire Rescue, pursuant to the terms and conditions of the Florida Sheriff s Association, Florida Association of Counties and Florida Fire Chief s Association Bid # , for a total cost not to exceed $23,652.00, and specifying the funds therefore. (Funds from Account # Capital Outlay, Automotive Equipment) ITEM 7 TAPE 1, COUNT 0675 Resolution 2008/258 - A Resolution confirming the election results for members to the Non-Uniformed Board of the City of Deerfield Beach, Florida. Trent Lacy, Sr. was unopposed in the election. ITEM 8 TAPE 1, COUNT 0675 Resolution 2008/259 - A Resolution confirming the election results for members to the Board of Trustee s Police Officer s Retirement Trust Fund. Andrew Gianino was unopposed in the election. ITEM 9 TAPE 1, COUNT 0675 Ordinance 2008/ - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH, FLORIDA, AMENDING CHAPTER 34, ARTICLE III PERTAINING TO NUISANCES IN ORDER TO STREAMLINE PROCEDURES FOR ABATTING PUBLIC NUISANCES THAT CONSTITUTE AN IMMEDIATE DANGER TO HUMAN LIFE OR HEALTH; PROVIDING FOR INCLUSION IN THE CITY CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE 6

7 CONSENT AGENDA CONTINUED ITEM 9A TAPE 1, COUNT 0675 Resolution 2008/260 - A Resolution of the City Commission of the City of Deerfield Beach authorizing the proper City officials to enter into an Interlocal Agreement with Broward County for a Feasibility Study, Preliminary Design, or related services for projects recommended under the Broward Countywide Integrated Water Resource Plan to be performed in partnership with Local Water Managers. There was no discussion on Consent Items 1 9a, they were approved in concert. MOTION was made by Vice Mayor Sylvia Poitier and seconded by Commissioner Popelsky to approve Items 1 9a of the Consent Agenda. Voice Vote: YEAS: Commissioner Steve Gonot, Commissioner Pam Militello, PUBLIC HEARINGS 2 ND READING ITEM 10 TAPE 1, COUNT 0681 Ordinance 2008/033 - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH, AMENDING SECTION 66-13(C) OF THE CITY CODE RELATIVE TO STREETS DESIGNATED AS NO THROUGH TRUCK ZONES; CONTAINING A PROVISION FOR INCLUSION IN THE CITY CODE; CONTAINING A SEVERABILITY CLAUSE; CONTAINING AN EFFECTIVE DATE. Ordinance was read by title only. Andrew Maurodis, City Attorney, opened the discussion to the public. Mayor Capellini closed the public hearing MOTION was made by Commissioner Gonot and seconded by Commissioner Militello to adopt Ordinance 2008/033. Voice Vote: YEAS: Commissioner Steve Gonot, Commissioner Pam Militello, 7

8 QUASI-JUDICIAL PUBLIC HEARINGS ITEM 11 TAPE 1, COUNT 0699 P.H : APPLICATION 98-I-67 REVISION 2 Applicant: CAPITAL SCRAP METAL, by Barry Witlin Proposal: Site plan modification to remove a condition of approval limiting outdoor storage debris piles to 10 feet in height. Location: A 1.3-acre parcel described as Lots 22, 23 and 24 of POWERLINE PARK, together with a portion of the N ½ of the SW ¼ of the SW ¼ of the NW ¼ of Section 10, Township 48 South, Range 42 East, more particularly described in the file, located at 1410 S. Powerline Road. (Tabled from October 7, 2008) Ada Graham-Johnson, City Clerk, stated that Item 11 was tabled. ITEM 12 TAPE 1, COUNT 0706 P.H : PLAT NOTE AMENDMENT ROWAN RE PLAT Applicant: RUDEN MCCLOSKY, by Thomas F. Mullin Proposal: Amending the restrictive note on the plat increasing the number of beds at the detention facility from 600 to 894 beds. Location: The property is described as a portion of the N.E. ¼ of Section 14, Township 48 South, Range 42 East, more particularly described in the file, located at 3900 N. Powerline Road. Andrew Maurodis, City Attorney, provided the oath for Items 12 and 14. Thomas Mullin, Ruden McCloskey, 200 East Broward Boulevard, Fort Lauderdale, representing the application stated that he wished to waive the quasi-judicial proceedings. Gerald Ferguson, Director of Planning & Growth Management/Building Department, stated that this is a request to amend the plat, increasing the number of beds at the detention center on Powerline Road. The current bed limit is 600; the increase would be to 894. There are no zoning issues associated with that note amendment. Mayor Capellini opened the discussion to the public. Ginger Alvarez, 4700 NE 1 st Terrace, Deerfield Beach, stated that when the center was first constructed, it was called the Wackenhut Work Release facility. She said her husband served on the board at the time. However, approximately one year ago, she became aware that it had been converted to an immigration facility. She said due to the increase in beds, she asked staff if there were any plans for expansion. Staff informed 8

9 QUASI-JUDICIAL PUBLIC HEARINGS CONTINUED her that there would be another structure built for offices and the old offices would be used for the beds; however, she does not believe it to be feasible. Continuing, Ms. Alvarez stated that it is her understanding that this facility is for illegal immigrants without a criminal history. She asked for clarification. Jonathan Dobre, Broward Transitional Center Warden, 3900 N. Powerline Road, Pompano Beach, replied that these are undocumented non-criminal detainees. Ms. Alvarez asked how many beds per room are housed at the facility. Mr. Mullin replied that some rooms currently have four (4) or five (5) detainees, but will increase to six (6). He said that there is a federal requirement pertaining to room size; the center currently exceeds the requirement with regard to personal space that each detainee is provided. The facility was recertified in February and the certification allows six (6) detainees per room. It is a three (3) year certification from the American Correctional Association. Ms. Alvarez asked if the detainees are confined to a single room or if there are community areas so they can leave the room. Mr. Mullin replied yes. He provided an aerial and stated that there is a large outdoor area at the center of the building, but he is not certain of what the scheduled times are that they are allowed to go outside, but there are outdoor activities. Ms. Alvarez asked what happens if the weather is inclement. Mr. Dobre replied that the facility was originally created as a LaQuinta Inn. Therefore, the room sizes are those of a local hotel size; however, there are three (3) bunk beds in each room, as well as a bathroom and shower for each room. In the center of the compound, there is basketball, soccer, volleyball areas and a large covered area for table games. Since these are non-criminal undocumented aliens, they are out of the room for approximately 16 hours of the day, moving around at their leisure. He elaborated on other activities offered at the facility. Ms. Alvarez asked what the typical length of stay is. Mr. Dobre replied that it depends on their status with immigration; the immigrants from Mexico, Central and South America, who voluntarily decide to return home, are there from one (1) to two (2) weeks. Those who wish to contest their stay will enter into a prolonged interaction with the immigration court. He said there is a federal judge and attorneys on site to interact with the detainees. Ms. Alvarez asked what the longest period of time that someone has remained there is. 9

10 QUASI-JUDICIAL PUBLIC HEARINGS CONTINUED Mr. Dobre replied approximately two (2) years; it was a very long and protracted case. Ms. Alvarez asked if health care is available. Mr. Dobre replied that there is an onsite health practitioner, eight (8) assigned staff, a contract doctor, etc. For acute cases there is a contract with North Broward Medical Center, and for psychological issues, there is a contract with Atlantic Shores. Ms. Alvarez stated that her concern is the housing for the additional beds. Mr. Dobre stated that they are proposing the construction of another large building that will house all the federal agencies that are in partnership with them, the Immigration of Customs Enforcement agents, Immigration Courts, and attorneys that are currently in the administrative offices will move to the new building. At the present time, the support staff are in rooms; once they are moved to the new building, that space will become available for the detainees. Mr. Mullin stated that there are 18 rooms on the first floor of the facility. Mr. Ferguson stated that a site plan application has been submitted and will be going before the Planning & Zoning Board, then to the City Commission; however, the addition is being done within the existing plat note square footage allowance. However, the bed increase is being considered this evening; and is being done properly. The site plan will be presented at a later Commission Meeting, but does not require plat note amendment. In response to Mayor Capellini s question, Mr. Ferguson replied that the plat note amendment does mention 600 beds. He further stated that the plat note was originally approved while still a part of unincorporated Broward County. Mr. Mullin stated that the GEO Group purchased it from Wackenhut and now it is more of a federal agency detainee, and not work release. From a traffic standpoint, it is less of an impact because the detainees do not leave for work and there are only visitors on the weekend. Ms. Alvarez asked if there is a maximum number of people that would no longer be allowed to come in. Mr. Mullin replied six (6) per room, but it is also based on square footage and how much each detainee is provided. He reiterated that they currently exceed the federal requirements, but would not be able to create more space for seven (7) detainees as that would exceed federal requirements. 10

11 QUASI-JUDICIAL PUBLIC HEARINGS CONTINUED Ms. Alvarez stated that a number of years the Plastics Line facility was to be transformed into a detention facility for Haitian immigrants; it was a dilapidated warehouse. She stated that they had to fight to keep it from happening, because there was concern about how people were being treated. She stated that it is important that the individuals have adequate space and livable conditions. Vice Mayor Poitier stated that she remembers the Plastics Line facility; however, the federal requirements cannot be exceeded. She stated that she shares Ms. Alvarez s concerns about treatment and whether the individuals will be overcrowded. Commissioner Popelsky requested clarification that this is an internal modification and not an external build. Mr. Mullin stated that is correct. Mayor Capellini closed the public hearing. MOTION was made by Commissioner Popelsky and seconded by Commissioner Militello to approve Item 12. Roll Call: YEAS: Commissioner Steve Gonot, Commissioner Pam Militello, ITEM 13 TAPE 1, COUNT 0709 P.H : APPLICATION 01-B1-155 REVISION 3 AND CASE NO Applicant: USA PARKING GARAGE, by Michael Sears Proposal: Site plan modification to reduce the existing landscape area by 47 square feet; and seeking a VARIANCE from the provisions of Section of the Deerfield Beach Land Development Code in order to allow 14.9% (7,015 square feet) to be landscaped rather than 15% (7,062 square feet) as required by Code. Location: The property is described as Lots 1, 2 and 3, the E ½ of Lot 18, and all of Lots 19, 20 and 21, Block 1 of DEERFIELD BEACH, more particularly described in the file, located at 123 N.E. 20 th Avenue. Ada Graham-Johnson, City Clerk, stated that Item 13 has been tabled. 11

12 QUASI-JUDICIAL PUBLIC HEARINGS CONTINUED ITEM 14 TAPE 1, COUNT 1176 P.H : CASE NO Applicant: JANICE THOMPSON Proposal: Seeking a VARIANCE from the provisions of Section of the Broward County Zoning Code in order to allow an alcoholic beverage establishment to be located 25 feet from an educational center (Pine Ridge Elementary School) and to be located 375 feet from a place of worship (House of God Church) rather than at least 1,000 feet as required by Code; AND seeking a TECHNICAL DEVIATION for 46 parking spaces in accordance with the provisions of Section (q)(1) of the Deerfield Beach Land Development Code as to allow said alcoholic beverage establishment with 12 parking spaces rather than 58 parking spaces as required. Location: 5117 N. Dixie Highway. Andrew Maurodis, City Attorney, asked if anyone wished to speak against the application. He asked if Ms. Thompson wished to waive the quasi-judicial proceedings. Shandia Thompson, applicant s daughter, agreed. Gerald Ferguson, Director of Planning & Growth Management/Building Department, stated that the applicant is proposing to open a 3,000 square foot establishment in an existing commercial facility. The Code requires that an alcoholic beverage establishment for consumption be located at least 1,000 feet from a church or school; this business will be 25 feet from Park Ridge Elementary School and approximately 375 feet from a church. In addition, the business would require a total of 58 parking spaces, there are 12 spaces available at this site; thus the applicant is requesting a technical deviation for the total spaces. Mayor Capellini explained the Code requirements to the public. Ms. Shandia Thompson stated that with regard to the school, hours of operation for the establishment will begin once the children have been released from school; any students still on the premises will be given to their parents or guardian, since they will be in the after care program. She stated that with regard to the church, the establishment will not infringe upon their religious practices, even though they are within 1,000 feet. Further, she stated that there is a business south of their location that currently sells alcohol for off premise consumption, as well as another establishment conducting the same business. She stated that they will not be the only organization selling alcoholic beverages; nonetheless, they will only offer on premise consumption. Ms. Shandia Thompson stated her address, 860 NE 51 st Street, Deerfield Beach. 12

13 QUASI-JUDICIAL PUBLIC HEARINGS CONTINUED In response to Vice Mayor Poitier s question, Ms. Thompson replied that the hours of operation will be from 4:00 PM 2:00 AM. She stated that they will only be open 6 days and week, to exclude Monday. Continuing, she stated that she has received 100 signatures for petitions of people in the neighborhood who are open to having the business in the area. She stated that most of the traffic will be walk in traffic from the neighborhood. The entire common area parking lot has 77 spaces, except two (2) of the businesses are closed by 6:00 PM, the barber shop, with five (5) parking spaces, and the corner store, who has a very high turnover of traffic will remain open. Moreover, Ms. Thompson stated that based upon her research, the average person spends approximately an hour to 1.5 hours at lounges; therefore, there will be significant traffic turnover, not to mention the individuals who walk in. Commissioner Gonot stated that the establishment is in close proximity to the school s baseball field and the children would most likely be there after 4:00 PM. Vice Mayor Poitier said not at Park Ridge Elementary. Ms. Thompson stated that the after care program is held in the cafeteria, on the other side of the property. Vice Mayor Poitier stated that beer and wine are already being sold on the property s premises. She said when they encouraged building along Dixie Highway, much of this was taken into consideration that these types of businesses would be in close proximity to the school, as the school was built in the early 1970 s. Commissioner Gonot stated that Ms. Thompson has stated that much of her traffic will be walking in traffic which is why she has requested the variance for 46 parking spaces. He stated that the purpose of the Code was to keep these sorts of things away from the school; therefore, he cannot accept allowing the establishment at 25 feet, when Code indicates 1,000. Ms. Thompson stated that they are not expecting to start business right at 4:00 PM; the after school program is over at 6:00 PM. Commissioner Gonot stated that children do not disappear right at 4:00 PM. Having a baseball diamond at the school will attract the children. Ms. Thompson stated that the diamond is not for the neighborhood children, but school use. She said that the after school care program does not utilize the baseball diamond. There is also a gate that separates the property and both of the corner stores have alcohol that leaves the premises. 13

14 QUASI-JUDICIAL PUBLIC HEARINGS CONTINUED Additionally, Ms. Thompson stated that the school gate is locked after hours. Commissioner Gonot suggested finding a new location. Ms. Thompson stated that they are trying to target the working class of Deerfield Beach. She explained their target market and stated that this is a central location. Further, they have attempted to find other locations, but this continues to be the same issue. She stated that they have resided in Deerfield Beach for over 20 years and would like to service the people. There is not a place in Deerfield Beach where African American individuals can unwind, network, and mingle. Commissioner Militello asked if there was a shopping center that was recently refurbished, north of this location on Dixie Highway. She said she understands Ms. Thompson s stance, as she has witnessed people sitting outside on crates drinking beer in the parking lot. She said the rules are in place to protect school areas and to open this establishment because school closes at 4 PM is not a good reason. She said her concern is that the property abuts the fence of the school. She asked if Ms. Thompson had considered Highland Plaza, as they have begun improvements to the area. Ms. Thompson asked if the Commission would consider allowing operation hours to begin at 6:00 PM. Commissioner Militello replied that Code requires 1,000 feet from the school. She stated that parents are constantly communicating that their children are growing up to fast and seeing too many things, and to place the establishment so close to the school would be precarious. Ms. Thompson stated that she has spoken with Dr. Bob Parks, School Board Member, his secretary and another member of the School Board, and they have stated that they have no problem with the location of the establishment. Commissioner Gonot stated that he would like to see that in writing. Ms. Thompson stated that they could not get anything in writing. With regard to Highland Plaza, she said there are many businesses already housed there. She said that the location she has selected is much nicer, Commissioner Militello reiterated Code requirements of 1,000 feet. Ms. Janice Thompson stated that children should have a curfew and when the drinking begins at 10 PM or later, children would be inside and not on the street. She said that parents have to be responsible for what their children are exposed to. She again asked that the Commission consider later operating hours. Ms. Thompson expressed her personal opinion regarding children s exposure and curfew. 14

15 QUASI-JUDICIAL PUBLIC HEARINGS CONTINUED Vice Mayor Poitier stated that she met with the applicants in her office. She asked when Tony s Market opened, because he has a beer and wine license. Mr. Ferguson replied that the 1,000 foot requirement does not apply to off premise consumption establishments, only on premise consumption. Vice Mayor Poitier asked that the item be tabled to allow the applicant time to find a new location. The City of Deerfield Beach does need a social place for African-Americans; most people go to Pompano Beach, Boca Raton, and Delray Beach. She stated that she may be able to assist them with a location. Janice Thompson stated that although the rule applies to in-house drinking; there are unemployed males who sit outside and drink beer at 7:00 AM. They do not leave; they will sleep outside in the grassy areas. Vice Mayor Poitier stated that there is a location on 7 th Street and Dixie Highway, which has parking, which is already a licensed beer and wine establishment. She provided Ms. Thompson with the contact person, Mr. Stone, and offered her assistance. MOTION was made by Vice Mayor Poitier and seconded by Commissioner Popelsky to table until a time uncertain. Commissioner Militello asked if the area has open containers to enforce the City s laws, since the applicant has an establishment where liquor is not allowed off the premises, but there are people in the parking lot with open containers. Commissioner Popelsky stated that Code Enforcement would handle that. Vice Mayor Poitier asked that the Commission not get involved with said matter. Roll Call: YEAS: Commissioner Steve Gonot, Commissioner Pam Militello, GENERAL ITEMS ITEM 15 TAPE 1, COUNT 1784 P.N : CASE NO. 2172: ANITA STEELE seeking a VARIANCE from the provisions of Section of the Deerfield Beach Land Development Code in order to allow a porch addition on a single-family home to be located 11.6 feet from the rear property line rather than 15 feet as required by Code. The property is described as Lot 5, Block 18 of CRYSTAL HEIGHTS, located at 1473 S.W. 25 th Way. (Approved September 25, 2008) 15

16 GENERAL ITEMS CONTINUED There was no discussion on Item 15. MOTION was made by Commissioner Gonot and seconded by Commissioner Militello to approve Item 15. Voice Vote: YEAS: Commissioner Steve Gonot, Commissioner Pam Militello, ITEM 16 TAPE 1, COUNT 1792 Discussion regarding the selection of a voting delegate for the National League of Cities. Commissioner Popelsky recommended Vice Mayor Poitier as the voting delegate. Vice Mayor Poitier declined. She stated that the Mayor should attend. Commissioner Gonot stated that he will not be able to attend. Mayor Capellini stated that he will agree, but has to check his schedule. Ada Graham-Johnson, City Clerk, stated that the registration card has to be sent. Vice Mayor Poitier stated that the Mayor will attend. ITEM 17 TAPE 1, COUNT 1850 Resolution 2008/261 - A Resolution of the City Commission of the City of Deerfield Beach, Florida, approving a payment of $125,577.41, to GlobeTec Construction, LLC for the concentrate pumping station and transmission pumping. (Funds from State Revolving Loan Funds) There was no discussion on Item 17. MOTION was made by Commissioner Popelsky and seconded by Commissioner Militello to adopt Resolution 2008/261. Voice Vote: YEAS: Commissioner Steve Gonot, Commissioner Pam Militello, 16

17 GENERAL ITEMS CONTINUED ITEM 18 TAPE 1, COUNT 1858 Resolution 2008/262 - A Resolution of the City Commission of the City of Deerfield Beach approving the purchase from Global Traffic Technologies, LLC, of 19 Opticom Traffic preemption devices for the Department of Fire Rescue, for a total cost not to exceed $162,900.00, subject to City Attorney approval, and specifying the funds therefore. (Funds from Account # ) Resolution was read by title only. Commissioner Popelsky asked if the funds were budgeted. Commissioner Militello replied yes. MOTION was made by Commissioner Popelsky and seconded by Vice Mayor Poitier to adopt Resolution 2008/262. Voice Vote: YEAS: Commissioner Steve Gonot, Commissioner Pam Militello, ITEM 19 TAPE 1, COUNT 1871 Consideration to renew reverter clause for Faye Bailey on former City property (located on the northwest corner of SW 2 nd Street and Dixie Highway). Vice Mayor Poitier asked if anyone was present to represent Faye Bailey, such as a builder or engineer. She stated that she has not spoken with Ms. Bailey, but would like to table the item. MOTION was made by Vice Mayor Poitier and seconded by Commissioner Militello to table the time until a time uncertain. Voice Vote: YEAS: Commissioner Steve Gonot, Commissioner Pam Militello, ITEM 20 TAPE 1, COUNT 1888 Discussion regarding parking in public streets and direction to the City Administration regarding said matter. (Tabled from October 7, 2008) 17

18 GENERAL ITEMS CONTINUED Mayor Capellini stated that he would like to hear from the neighbors in the area regarding the matter. Debbie Anders, 4000 NW 4 th Avenue, stated that street parking presents a problem for the neighborhood. There have been occasions where she has contacted the police because people park around 43 rd, turn into 6 th Avenue, and when you come around the corner, there have been near missed head on collisions. Moreover, people drive off in opposite directions and opened that this encourages boarding houses, as opposed to the residential code that they are required to live by. She continued to explain her concerns. Mayor Capellini asked if swale parking is acceptable. Ms. Anders replied that they are not sure about the swale, but if there is a choice between the two, they would prefer to keep the streets open for traffic. Mayor Capellini stated that there were two (2) different options; one option was to prohibit street parking from the hours of 1 AM 6 AM. Ms. Anders stated that they requested no street parking 24/7. Mayor Capellini again asked about the swale area. Ms. Anders stated that the swale is a part of the City Ordinance, which prohibits parking. Vice Mayor Poitier stated that some parking in the swale should be permitted, but only limited. Ms. Anders stated the units are very small, most are two (2) and three (3) bedroom units. She complained that one resident owns eight (8) cars, he has four (4) in the street, two (2) in the driveway and grass, and two (2) are parked in the street in front of the unit. Mayor Capellini read the Code; and stated the code currently prohibits parking on the paved portion of a public street. He said there is no need to do another ordinance. There is no city wide restriction on parking in the swales, unless an Ordinance is created for that, which was done for the beach area. He suggested creating an ordinance that only allows people to park in the swales who are associated with the housing unit. Commissioner Gonot stated that the Commission previously requested that the Assistant City Attorney send letters to the homeowner associations, as there are different jurisdictions because some of the streets are public and some are not. The 18

19 GENERAL ITEMS CONTINUED problem is, if the Commission addresses the Woodsetter area, then it has to be done City wide, which presents other problems, in other areas. He asked Andrew Maurodis, City Attorney, what was the response from the homeowner associations. Mayor Capellini stated that according to Section 66-58; creates a certain residential parking permit zone that restricts parking in certain areas to only residents. Vice Mayor Poitier stated that that pertains to the beach. Mayor Capellini stated that it can be expanded. Vice Mayor Poitier asked Mr. Robert Potter if that would be acceptable. Robert Potter, 3701 NW 4 th Avenue, Deerfield Beach, stated that if a permit is required, without charge, for a party, or wake, most police officers will not bother residents who are having a party, if the cars are not blocking the road. He suggested that business trucks be allowed to park in the road for delivery, and other services. Mayor Capellini stated that a document has to be created that can stand up in court. Mr. Maurodis stated that it can be done. Mayor Capellini stated that he does not like the idea of towing a vehicle. Mr. Potter suggested issuing a ticket, but after three (3) or four (4) tickets, that the vehicle be towed. Vice Mayor Poitier stated that many people are parking in the roads, conversing before going into parties, and playing music outside, which is what they would like to prohibit. Thus, there should be a strict enforcement of no parking in the street, which must be enforced. Commissioner Militello stated that that avenue has been approached, and did not work. She said that there are subdivisions off of Green Road wherein the driveway is only large enough for one car. If there is a blanket statement that street parking is not allowed anywhere, somehow, the City or County approved the housing development without any parking. She said a blanket ordinance does not work for this situation, but there should be flexibility that if there are areas where it becomes a problem that the City installs no parking signs for the road; for easier enforcement. In response to Mayor Capellini s question, Mr. Potter stated that there is a gentleman in particular that cannot get to his house because of the street parking. Mayor Capellini suggested restricted parking between certain hours. 19

20 GENERAL ITEMS CONTINUED Mr. Potter stated that no one is out from midnight till 6 AM; thus, it would not assist with the current issue. Mayor Capellini asked that the police department assist with providing information on what is occurring in the area. Mr. Potter continued to voice his concerns regarding street parking during the day. Mayor Capellini stated that individual cases can be resolved, but the everyday issues, such as people not being able to get into their driveway should be addressed. Commissioner Popelsky stated that the Commission is procrastinating. He asked Mr. Potter what the homeowners are interested in pursuing. Mr. Potter replied that they would like no street parking, which is what it was before the annexation. He said the sheriff s department enforced it. Mayor Capellini reiterated the Code; our code currently prohibits parking on the paved portion of a public street which is not marked for parking or for motor vehicles. He said there are no exceptions. Vice Mayor Poitier say it is valid, but no one enforces it. Mr. Potter said no one asked the Commission to put it aside and the Sheriff s Department will not enforce it, since they were asked to hold off on it. Commissioner Popelsky said that in talking with various residents, a majority of the residents said one option is to prohibit street parking between the hours of 1:00 AM 6:00 AM. He asked if he would be satisfied with this. Mr. Potter replied no. Ms. Anders stated that part of the problem is that people are living in boarding houses. In response to Commissioner Popelsky s comment, Ms. Anders said that the residents who support no parking from 1:00 AM 6:00 AM are most likely single family homeowners. Mayor Capellini stated that before, many people were being ticketed, but now, the residents are requesting something else. Michael Mahaney, City Manager, suggested making an exception. Commissioner Popelsky stated that would not be feasible, it should be either yes or no. 20

21 GENERAL ITEMS CONTINUED Commissioner Gonot stated that some homeowner associations did not ask for enforcement of that rule; there are some areas wherein they like having street parking and it does not present a problem. He stated that what is being requested is selective enforcement, which does not work. Ms. Anders said there are approximately five (5) cul-de-sacs in Woodsetter and she had the County install no parking signs at various points in the cul-de-sac. She stated that there is a resident on the cul-de-sac who cannot get out of her driveway because people are parking in between the no parking signs in the cul-de-sac. Mayor Capellini stated that he has heard this story before. He said he does not have a solution to the problem. Discussion pursued amongst Vice Mayor Poitier and Mr. Potter. Vice Mayor Poitier stated that Mr. Potter should have the order enforced with the City Manager and Code Enforcement, in an area that he is being disturbed and place no street parking signs in the road. Commissioner Gonot invited others to speak on the issue, from other homeowner associations. Todd Drosky, 4183 NW 6 th Court, Deerfield Beach, stated that he is the Vice President of the Star Light Cove Homeowner s Association and is unaware as to what the residents of Woodsetter are facing; thus, he stated that it is not his intent to cast any aspersions on them. Nevertheless, at the December 2007 homeowners association meeting, BSO provided a form allowing three (3) options as to how to draft the City ordinance for parking; parking in the street, no parking in the street, and parking in the street between 1 AM and 6 AM. Currently, the association does not permit parking in the swale areas, they are encouraged to park on the street; however, Deer Isle discourages parking on the street. Additionally, Riverglen does not encourage parking on the street, but in the swale; and the Harbors do encourage street parking. Moreover, he stated that there are four (4) associations with varying rules. He stated that it will be difficult to craft something that will please everyone; it will be neighborhood against neighborhood. He cautioned the Commission and homeowner s association to consider this a City wide ordinance and not just a particular community having a problem. Ginger Alvarez, 4700 NE 1 st Terrace, Deerfield Beach, stated that every neighborhood has different needs and when they originally started, it was understood that there was a mismatch. She further noticed that different parking ordinances were passed for different areas. Now, the Commission is stating that there is an ordinance and the only thing they have ever wanted was enforcement. She stated that the 12 AM 6 AM no parking signs can work for their neighborhood because there are two (2) schools in the back of their neighborhood and there is quite a bit of traffic in the morning. She said 21

22 GENERAL ITEMS CONTINUED there are particular persons who enjoy parking on the streets; one house has three (3) to four (4) cars daily in front of their house. When there is school traffic going in and out, it immensely obstructs the traffic flow. Further, Ms. Alvarez provided an illustration of various situations that have occurred in the neighborhood. Mayor Capellini asked if the Commission would entertain a motion to enforce the current City wide restriction which prohibits parking on the paved road. Commissioner Militello stated that she thinks it is necessary to rescind this ordinance as it was done at the request of citizens; after which time, others started to complain and the police said they could not enforce it. Continuing, Commissioner Militello stated that the ordinance needs to be corrected to avoid confusion in the future. She asked if the Ordinance can be amended. Vice Mayor Poitier stated that the Ordinance does not need to be changed. Commissioner Militello stated that she does not understand why no parking signs cannot be installed in areas where the problems exist. Discussion pursued amongst the Commission concerning changing the Ordinance. Commissioner Militello suggested addressing problems individually, as they come up. She stated that the Ordinance does not apply to the entire city as there are certain neighborhoods that prefer street parking. Mr. Maurodis stated that it is his understanding that the Commission is requesting a Draconian measure, which is no parking in the street, apply only to particular areas and if other communities are in favor of it, then the Ordinance can be amended. Commissioner Militello stated that the Commission should have the authority to designate a particular area as no parking, should the need arise. Mr. Maurodis stated that another ordinance would have to be drafted, but this is done all the time. Commissioner Militello reiterated her stance with no parking signs. Mr. Maurodis stated that he has to be directed to create an ordinance. Caryl Berner, 3130 Cambridge F, Deerfield Beach, stated that the Commission should create a legal notice to let other residents know what is occurring. Mayor Capellini stated that the Commission is trying to decide what draft should be brought before the people so they can hear it, and allow others to speak on the issue. 22

23 GENERAL ITEMS CONTINUED Vice Mayor Poitier stated that the homeowner association president know what is necessary for their neighborhoods. She said what Commissioner Militello just proposed is the answer. MOTION was made by Commissioner Militello and seconded by Vice Mayor Poitier to have the City Attorney draft an ordinance concerning street parking. Voice Vote: YEAS: Commissioner Steve Gonot, Commissioner Pam Militello, Mr. Potter stated that in their neighborhoods, they wish to have no parking on every street. ITEM 21 TAPE 1, COUNT 2784 Discussion regarding Firefighters Pension DROP Program. (Requested by Commissioner Popelsky) Michael Mahaney, City Manager, stated that during his tenure in city government, he has never seen an item of this sort on the Commission agenda. Generally, items such as this would be studied and addressed in contract negotiations by your negotiation team. Since negotiations will take place in the very near future, he recommended that a motion be made to allow the negotiation team to study this issue during negotiations. Commissioner Militello concurred with Mr. Mahaney. She stated that since the negotiations will soon take place, she does not understand why it is being bought up now. She said this should be a part of negotiation and objected to any discussion regarding this matter at this time. Commissioner Popelsky stated when he received information to extend the DROP Program from five (5) to seven (7) years; he requested information from the City Attorney. He said he requested that this item be on the agenda in order to ascertain what the other Commissioners felt about the issue. He said that he understands Mr. Mahaney s standpoint, but would like to have open discussion on it and whether there is any cost involved. Commissioner Militello stated that the discussion should take place during negotiations, not now. Mayor Capellini stated in the shade. 23

24 GENERAL ITEMS CONTINUED Commissioner Militello stated that the Commission is allowed to discuss this in the shade when there is a labor negotiation. To discuss something like this now, especially during these economic times, is ludicrous. Commissioner Popelsky asked if Commissioner Militello has accepted the fact that this is going to cost the City money. Commissioner Militello stated that this is asking for something that the City does not currently have. Therefore, the discussion should take place when negotiations begin. She asked Commissioner Popelsky why it is necessary to continue the discussion. Mayor Capellini replied that the Fire Department has asked that Commissioner Popelsky address the item. Commissioner Popelsky stated that the Fire Department asked the Mayor for assistance. Mayor Capellini replied no. Commissioner Popelsky stated that he is requesting information and he cannot talk to people about this particular subject. Nonetheless, he would like to have a discussion on it. Mayor Capellini stated that he does not wish to express his feelings on this matter; he is in agreement with Commissioner Militello that this is something you address during negotiations. He said it is not practical to uncover your negotiation strategies when it is unsure what the other side will display. He said that the Union has requests and the Commission has to respond to what they are willing to offer and vice versa. He said it would not be prudent to show the Union where the Commission stands. Commissioner Popelsky asked Mayor Capellini if he received his information. Mayor Capellini replied, yes on Wednesday. Commissioner Popelsky asked if Mayor Capellini did not have the information about one (1) month ago. Mayor Capellini replied that he knew nothing of it. MOTION was made by Commissioner Popelsky to determine whether it will cost anything. Commissioner Popelsky stated that if there is a cost, then he will not go forward. 24