CITY OF DEERFIELD BEACH REGULAR CITY COMMISSION MEETING MINUTES Tuesday, October 7, 2008 at 7:00 PM

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1 CITY OF DEERFIELD BEACH REGULAR CITY COMMISSION MEETING MINUTES Tuesday, October 7, 2008 at 7:00 PM The meeting was called to order at 7:03 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 Rabbi Yisroel Edelman, Young Israel Rabbi Edelman was not present; Mayor Capellini offered a moment of silence followed by the Pledge of Allegiance. APPROVAL OF THE MINUTES Regular City Commission Meeting Minutes - September 16, 2008 Special City Commission Meeting Minutes - September 12, 2008 MOTION was made by Commissioner Pam Militello and seconded by Commissioner Steve Gonot to approve the Regular City Commission Meeting Minutes of September 16, 2008 and the Special City Commission Meeting Minutes of September 12, Voice Vote: YEAS: Commissioner Steve Gonot, Commissioner Pam Militello, 1

2 ACKNOWLEDGEMENT OF BOARD MINUTES 1) Community Redevelopment Agency Minutes - September 16, ) Code Enforcement Board Minutes - August 11, ) Community Appearance Board Minutes - August 13, August 27, and September 10, ) Police Pension Fund Minutes - May 15, ) Board of Adjustment Minutes - August 28, 2008 The Board minutes were acknowledged by Commissioner Gonot. APPROVAL OF THE AGENDA October 7, 2008 MOTION was made by Vice Mayor Sylvia Poitier and seconded by Commissioner Steve Gonot to approve of the agenda as amended. Voice Vote: YEAS: Commissioner Steve Gonot, Commissioner Pam Militello, PRESENTATIONS 1) Presentation of award to Mayor Albert R. Capellini for providing his professional services by Faye Adams. Faye Adams, Century Village, thanked Mayor Capellini for the work he performed for Ventura B. She stated that she contacted him 2 ½ years ago when they were experiencing problems with resolving building issues. Mayor Capellini offered support from his company, Crane Engineering, Inc., to assist them in the reconstruction and recovery of their homes due to a fire. Mayor Capellini stated that the building was uninsured. He thanked Congressman Robert Wexler and Senator Ted Deutch for their assistance with the insurance companies. He said that Ms. Adams and many of her fellow residents of Ventura B spent three (3) years moving around because they were not able to move forward with work on the building. Mayor Capellini also thanked the Building Department for their assistance. 2) Selection of lots for staggered Commission terms. Ada Graham-Johnson, City Clerk, administered the selection of staggered terms to determine, which districts would serve two (2) years or four (4) years terms. 2

3 PRESENTATIONS - CONTINUED Mayor Capellini stated as a result of the voter approved charter amendment, the City Commissioners will select lots to determine which districts will serve two (2) year terms or four (4) year terms. He said the districts that select two (2) year terms will serve two (2) years and thereafter, they will serve four (4) year terms. This will allow the Commissioners to serve staggered terms to avoid the entire Commission changing at the same time. The results were as follows: Districts 1 and 2 selected two (2) year terms and District 3 and 4 selected four (4) year terms effective the March 9, 2009 Municipal Election. Mayor Capellini requested a motion to reaffirm the results of the selection of lots for staggered terms. MOTION was made by Vice Mayor Sylvia Poitier and seconded by Commissioner Pam Militello to approve lot selections for staggered terms for City Commissioners, Districts 1 and 2 will serve a 2 year term; and Districts 3 and 4 will serve 4 year terms effective March 10, Roll Call: YEAS: Commissioner Steve Gonot, Commissioner Pam Militello, Mayor Capellini said that we now have staggered terms after having discussed this for 20 years. 3) Presentation by Ad Hoc Telecommunications Committee to the City Commission. Andrew Maurodis, City Attorney, recognized the Ad Hoc Committee members. He said that Bill Ganz will address the Commission, but that the Committee worked long and hard with much staff support from Gerald Ferguson, Director of Planning and Growth Management/ Building. He said that the Committee has developed a set of recommendations and a report, which they provided the Commission. William Ganz introduced the Ad Hoc Committee: Todd Drosky, Dave Gravelle, Karl Jesaitis and Ira Somerset. He said that they were supported by City staff, Gerald Ferguson, Director of Planning and Growth Management/ Building, City Attorney, Andrew Maurodis, and Daidre Mitchell, Office Supervisor, Planning and Growth Management. Mr. Ganz stated that the purpose of the Committee was outlined in Resolution 2007/192, which stated that the The committee shall review the City s present regulations on telecommunications towers and facilities, review regulations from other cities, and make recommendations as it deems 3

4 PRESENTATIONS - CONTINUED appropriate with regard to regulation of telecommunications towers and facilities within the City. Mr. Ganz said that the committee met monthly beginning January They reviewed the City s existing regulations as well as state and federal regulatory framework. They raise reviewed regulations of other cities particularly Boca Raton, Coral Springs, Hollywood, Vero Beach and Weston; the cities were chosen based upon proximity and how recently they had updated their telecommunications ordinances. He said that there was considerable discussion over several meetings concerning the relevancy of the existing Telecommunication Facilities Master Plan. He provided a map of all the City s owned properties within the City of Deerfield Beach. He said that the current ordinance requires telecommunication companies to look to City properties first when deciding on a location for a tower. He said that they reviewed and considered that City properties, based on the current code, are exempt from Code requirements. This streamlines the process, but it also creates problems in areas such as public notification. Mr. Ganz stated that there was considerable discussion regarding public notification awareness and opportunities for input and extensive discussion on aesthetics zoning and limits on the City s regulatory authority. The Committee also considered the availability of supporting technical data for justification of amendments. Continuing, Mr. Ganz outlined the committee s recommendations in the following three categories: Policy, Technical, and Future Examination and outlined each. He thanked the Commission for appointing him to the Committee. He said that he was proud to serve on this committee. Mayor Capellini said that the Committee addressed existing buildings and asked if they considered future buildings too. He further asked if the Commission wished to direct the City Attorney to incorporate these recommendations in an ordinance. Dave Gravelle addressed the Mayor s concerns. He said that existing buildings are frequently addressed by the Community Appearance Board with regard to the placement of antennas. He said that new buildings would be in the same situation. He said that there was no intention to exclude them. Mr. Maurodis thanked the Committee for their hard work. He said that they were a pleasure to work with. He further stated that staff is favorable with the recommendations. He recommended that the Commission consider a Motion authorizing the presentation of the ordinance incorporating the Committee s recommendations. 4

5 PRESENTATIONS - CONTINUED MOTION was made by Commissioner Steve Gonot and seconded by Commissioner Marty Popelsky to authorize the City Attorney to draft an ordinance incorporating telecommunications recommendations. Roll Call: YEAS: Commissioner Steve Gonot, Commissioner Pam Militello, Commissioner Militello stated that the notification to the public was seven (7) days, and recommended 14 days notification. Mr. Maurodis said that a draft will be presented to the Commission and changes can be made at the first reading of the ordinance and it will not affect the title. Commissioner Gonot thanked Chairman Ganz and the entire committee. WRITTEN REQUESTS 1) Bett Willett, 48 NE 19th Terrace, Deerfield Beach, requests to address the Commission regarding the designation of A1A as a scenic highway. Bett Willett, 2646 Emerald Way Circle, stated that the Broward County Metropolitan Planning Organization Division of Environmental Protection and Growth Management has initiated the process of getting A1A in Broward County from the southern end to the most northern end as an official Scenic Highway. She said that they have indicated that designating A1A a scenic highway gives several benefits. It protects natural resources, helps establishes community vision, enhances the travel experiences for tourist as well as residents. It helps improves the quality of life, increase community pride and recognition, promotes tourism and economic development, encourages community partnering, along with providing education and history appreciation. Continuing, Ms. Willet stated that by selecting a Florida Scenic Highway, travelers expand their experience beyond just reaching a designation. She said that scenic corridors promote a heightened awareness of Florida s exceptional resources and unique history. The process for the designation is divided into three (3) phases; Eligibility, Designation and Implementation, which she elaborated on each of them. She requested letters of support from the City Commission, homeowners associations, and other organizations for this effort. She provided sample letters for both individuals and groups. She further explained the final process in determining the approval of the corridor being designated as a scenic highway. After the Scenic Highway designation is official, it becomes eligible for any number of federal grants to provide such things as signage along the road. 5

6 WRITTEN REQUESTS - CONTINUED Mayor Capellini said that he will have Gerald Ferguson, Director of Planning and Growth Management/Building Department look into this matter. Ms. Willet advised that Mr. Ferguson sent a member of his staff to the meeting. Commissioner Gonot said that through his efforts with the DOT and also on the MPO, program he whole heartedly supports this program. He said that he has known about this program for many years; in fact, it is long overdue. MOTION was made by Commissioner Gonot and seconded by Commissioner Militello to have the Commission support this effort to allow the City of Deerfield Beach put forth an effort as well as individuals. Mayor Capellini said that a motion is not needed. In response to Vice Mayor Poitier s question, Ms. Willet replied that Gladys Leeks, Associate Planner Broward Metropolitan Planning Organization Division, provided the documents. Vice Mayor Poitier said that in 1995 the MPO designated all of A1A a Scenic Route from St. Augustine, Florida to the Florida Keys. Ms. Willet stated that the State has not designated our portion in Broward County as a Scenic Highway. She said that we do not have that official designation. Commissioner Gonot agreed with Ms. Willet. He asked that the City Commission reaffirm the support. Ms. Willet said that the initial documentation was sent to the State and it was returned that there was not enough community participation. There is no evidence in the application showing community support. She said that she would leave the sample letters for those interested in this project. Commissioner Gonot said that this requires the Commission approval to have the City support the effort. MOTION was made by Commissioner Steve Gonot and seconded by Commissioner Pam Militello to support the effort to designate A1A as a scenic highway. Voice Vote: YEAS: Commissioner Steve Gonot, Commissioner Pam Militello, 6

7 WRITTEN REQUESTS - CONTINUED Ms. Willet asked that each of the Commission members send a letter individually as well. Commissioner Militello thanked Ms. Willet for her efforts in this matter. 2) Dean Kallan, 3250 SW 2nd Court, Deerfield Beach, requests to address the Commission concerning Deer Run. Dean Kallan, 3250 SW 2 ND Court, President of Deer Run Neighbors, Inc., addressed the City Commission regarding the traffic calming device on SW 34 th Court. He said that a permanent table top was installed in front of the park on SW 34 th Court on the north side by Hillsboro Boulevard. He said that there is also a speed cushion on that road. Mr. Kallan said that they had originally requested the removal of the speed cushion once the permanent one was installed. He submitted a petition of 172 signatures to remove the temporary speed hump and seven (7) requested to keep the speed cushion. He requested the immediate removal of the speed cushion on SW 34 th Court on the north of the park. Additionally, Mr. Kallan requested that they be allowed to meet with Carl Peter, Director of Public Works and Environmental Services, and his assistant, to a plan that is conducive to their neighborhood. He said that the money will not come from the City, as the developer is willing to allow them to use the money that he put up originally for the plan that could not be done and provided a copy of said document. Mayor Capellini asked what kind of effort it would take to have the City Engineer to put it in and take out the traffic calming devices. Charles DaBrusco, Assistant City Engineer, replied that the material will cost approximately $1, to relocate it. In response to a brief discussion amongst the Commission, Commissioner Gonot said that this matter has been discussed several times. He said this issue of the two (2) that were put in was based on not so much traffic calming for the whole neighborhood. This is a misrepresentation of the facts. He said that the two traffic calming devices were there to deter traffic from going into Deer Run. He further stated if Deer Run wishes to have a look at traffic calming then we can do so. But as we have done with many neighborhoods, the Cove, Coral Manors, and the Northwest section, it takes years. He said that it is very difficult to get a consensus on what traffic calming devices need to be installed. 7

8 WRITTEN REQUESTS - CONTINUED Additionally, Commissioner Gonot said that if the Commission does this it should be a systematic approach and to adhere to the normal traffic calming policy. He further stated that there are other neighborhoods that have asked for traffic calming, Mayor Capellini said that this is different. He said that 172 people have indicated that they do not want the traffic calming. Vice Mayor Poitier said to call the question on a motion. Mayor Capellini said that he will not call the question at this time. He said that he would like to discuss this matter because it is the last time he wishes to. He further stated that the Commission should not get involved with putting stop signs around town and closing roads as was previously stated by Former Mayor, Jean Robb. He said that these two (2) issues usually divide the community because half supports it and the other half does not. Continuing, Mayor Capellini said that he previously asked the City Engineer if the guidelines to install traffic calming met traffic standard, are they far enough apart or too close. What is the final objective of what we are trying to derive and not to settle disputes between neighbors? In response to Mayor Capellini s question, Mr. Kallan replied that there are approximately 500 homes in the neighborhood. He said that they surveyed the north half of the neighborhood that would be affected by the traffic calming. He explained what he sees as the problem with the current traffic calming devices; specifically, the second speed cushion is too much. He said that it affects one part of the neighborhood but it really hurts the rest of the neighborhood. He reiterated that they are requesting the removal of the extra one on that street. The permanent traffic calming addresses the safety of the kids at the park and the calming on that street. He said that the studies that the City performed did not show that it required more than one; the traffic calming was not high enough. He asked that it be removed; he said that it would take less than four (4) hours to take it out. He urged that it be done immediately. He further stated that they did not want the permanent hump down before the meeting. A lengthy discussion pursued regarding this matter. Vice Mayor Poitier called the question. MOTION was made by Vice Mayor Sylvia Poitier and seconded by Commissioner Steve Gonot to move the agenda and not discuss this matter anymore. 8

9 WRITTEN REQUESTS - CONTINUED Michael Mahaney, City Manager, asked that the City Commission read the petition before voting on the matter. He said that he does not understand the petition. Mr. Kallan explained the petition and clarified the petition. Mayor Capellini directed City Manager Mahaney to read the petition. In response to Vice Mayor Poitier s comments, Mayor Capellini said that he would like the City Manager to read the petition as the wording on the petition is wrong and will not count if it is misleading. Mr. Kallan said that there are a lot of people who do not want the speed cushion and few who do. Mr. Mahaney said that the bottom line is that he does not understand. He read the petition in part..request that the temporary speed cushion presently on SW 34 th Avenue (north of SW 2 nd Court...) be remove and be reinstalled on SW 34 th Avenue (north of SW 2 nd Court) just north of its current position. Mr. Kallan explained that is one petition. He said they gave people a choice to decide if they wished to have the speed table moved on that one or removed which is the other petition. He said that there are two petitions, one is to move it and the other is to remove it. Mr. Mahaney clarified that there are two (2) different petitions, which he did not understand. Mr. Kallan said that there were seven (7) people who signed that they wanted it moved and 172 that wanted it removed. He asked that the 172 people be heard. Roll Call: YEAS: Commissioner Steve Gonot, Commissioner Pam Militello, 3) Dr. Charles Barr, Lynn University, requests approval to hold a two-day beach volleyball tournament on October 24th & 25th, on the north side of the beach pier. Dr. Charles Barr, 520 SE 3 rd Place, introduced some of his students from HA308, Special Events Planning and Management, requested to host a volleyball tournament on Deerfield beach on October 25th. He said that this is a class project and all proceeds benefit the Make a Wish Foundation for a nine (9) year old 9

10 WRITTEN REQUESTS - CONTINUED girl name Kayla, who suffers from congenital heart disease. Her wish is to go to Disney World. MOTION was made by Commissioner Marty Popelsky and seconded by Vice Mayor Sylvia Poitier to approve the two day beach volleyball tournament. Voice Vote: YEAS: Commissioner Steve Gonot, Commissioner Pam Militello, 4) Jean Robb, 380 SE 2nd Avenue, Deerfield Beach, wishes to address the Commission concerning various situations. Jean Robb stated that recently, the Deerfield Commission awarded a $450,000 contract for the resurfacing of 18 th Street. The money was to come from Road and Bridge funds. Five (5) of those streets are in the CRA designated area. The City is spending part of $6 million of CRA money to pave state road Hillsboro Boulevard. Why isn t the same money being used for those five (5) streets. She said that there must be other streets in the City that will benefit from the money saved from the Road and Bridge Fund. Continuing, Ms. Robb said that at budget time, taxpayers were told that there were 90 vacant positions in the budget. What was not told was that 50% of those vacant positions were approved. If those positions continued to be vacant what happens to the money that was allocated for them in the budget. If there is to be a $6 million shortfall next year, according to Mayor Capellini, what is being done now to increase revenue; nothing. Additionally, Ms. Robb said having the pier operated by City employees is a no win situation. It has been tried in the past and it did not work then. She said that this manager has resisted efforts to look at what the income would be to a lease agreement. The City of Pompano Beach is now in the process of negotiating for the leasing of their pier. The offer is $300,000 annually. She said to say that the City is realizing $600,000 by operating the pier with 12 City employees is a joke. The figures given out by the Manager includes the pier admission, the pier parking, and cabana rental and pier merchandise sale. The income from the pier operation alone is $250,000, and the City s budget for pier operation is $386,090 with the 12 employees. Moreover, Ms. Robb said that pay and display mechanism will be the instrument for the parking and the pier lots. Most of which is generated by people parking there to go to the beach and not to fish. That would eliminate the need for City employees to handle parking money. What did it cost the City to buy the 10

11 WRITTEN REQUESTS - CONTINUED equipment for the cabanas and how much were the increases for public rentals? Over and above what was charged in the past. No attempt has been made to do away with beach parking stickers where 63,200 taxpayers are subsidizing the 1800 that are buying parking stickers at a bargain price. That cost a loss of needed income of approximately $350,000. Action to eliminate needs to be taken soon. Ms. Robb asked where the attempt to equalize the multi-family base water and sewer rates are. She said that in the ten (10) months since the 2007 rates went into effect, the City has loss $278,640 because of the special rates afforded to Century Village. She said that the same 10 month period in 2008 cost the City $278,650 making a total lost of income of $557,288 which has been placed on the backs of the City water and sewer users. She said that there is another avenue to explore to lessen the outrageous water and sewer charges. Although Deerfield Beach has surfaced storm water runoff, it does not charge for it. However, when other cities are realizing figures in excess of $2 million added to their water and sewer accounts. She asked if the upcoming municipal election has kept the Commission from doing anything for fear of jeopardizing their reelection. Vice Mayor Poitier said that out of all of the City s enterprise accounts, there has never been a way for the City to provide sustainable economic development. She said that when she voted for the beach pier, for many years the City received $36,000 annually for the pier; however, in Ms. Robb s report, she indicated that the City made $250,000 compared to the $36,000 that the City received on the 20 year lease. Ms. Robb stated that her lease was for $100,000 with DaBrino. Vice Mayor Poitier said now that the City is operating the pier, there can be a vendor for economic development, especially in the redevelopment area. What portion are you going to give to economic development? Ms. Robb said she did not make the beach a redevelopment area. She said that she left office in 1990, and referred it to Mayor Capellini. Vice Mayor Poitier said that in the redevelopment area, there should be economic sustainability in the redevelopment area. She asked why Deerfield Beach has the CRA. She said that the financial reason is that the beach was not up to par and they designated it a community redevelopment agency; which is suppose to provide economic development, affordable housing, and removal of blight and dilapidation; that is the purpose of a Community Redevelopment Agency. She further stated that the pier is the only valuable thing that provides a livelihood. 11

12 WRITTEN REQUESTS - CONTINUED Mayor Capellini said that since the CRA inception, we have been able to mass $7 million. Commissioner Gonot said that the City does not use CRA funds to repave the streets because it is maintenance. He said that you cannot use CRA money for City operations and maintenance. Mayor Capellini said that you cannot use CRA to buy machinery. Ms. Robb asked why the City is using a part of the CRA money to pave Hillsboro Boulevard which is a state road. Commissioner Gonot replied because it is a State Highway system and the City entered into an exchange with DOT for the research park. He said that it was a part of the agreement. Ms. Robb said that the City gave the research park away for $1.00. Commissioner Gonot said that it was land that was given by the State to the City of Deerfield Beach and what we paid for that was to do the repaving on Hillsboro Boulevard. CONSENT AGENDA ITEM: 1 TAPE 1, COUNT 1699 Resolution 2008/231 - A Resolution of the City Commission of the City of Deerfield Beach approving a five (5) year deferred payment housing rehab loan for Edna Jackson in the amount of $13, to complete repairs utilizing 2005 Hurricane Disaster Recovery Initiative (DRI) funds. (Funds from Disaster Recovery Initiative) ITEM: 2 TAPE 1, COUNT 1699 Resolution 2008/232 - A Resolution of the City Commission of the City of Deerfield Beach approving a five (5) year deferred payment housing rehab loan for Albert & Lorna Gordon in the amount of $39, to complete repairs utilizing 2005 Hurricane Disaster Recovery Initiative (DRI) funds and State Housing Initiative Partnership (SHIP) funds. (Funds in the amount of $20, from DRI and $18, from SHIP) 12

13 CONSENT AGENDA - CONTINUED ITEM: 3 TAPE 1, COUNT 1700 Resolution 2008/233 - A Resolution of the City Commission of the City of Deerfield Beach approving a five (5) year deferred payment housing rehab loan for Carlene Lima in the amount of $32, to complete repairs utilizing 2005 Hurricane Disaster Recovery Initiative (DRI) funds and State Housing Initiative Partnership (SHIP) funds. (Funds in the amount of $12, from DRI and $19, from SHIP) ITEM: 4 TAPE 1, COUNT 1700 Resolution 2008/234 - A Resolution of the City Commission of the City of Deerfield Beach approving a five (5) year deferred payment housing rehab loan for Fritz & Jacquline Joseph in the amount of $46, to complete repairs utilizing 2005 Hurricane Disaster Recovery Initiative (DRI) funds and State Housing Initiative Partnership (SHIP) funds. (Funds in the amount of $22, from DRI and $24, from SHIP) ITEM: 5 TAPE 1, COUNT 1701 Resolution 2008/235 - A Resolution of the City Commission of the City of Deerfield Beach approving a five (5) year deferred payment housing rehab loan for Thomas & Sarah Carey in the amount of $58, to complete repairs utilizing Disaster Recovery Initiative (DRI) funds and State Housing Initiative Partnership (SHIP) funds. (Funds in the amount of $19, from DRI and $38, from SHIP) ITEM: 6 TAPE 1, COUNT 1701 Resolution 2008/236 - A Resolution of the City Commission of the City of Deerfield Beach authorizing the proper City officials to purchase curbside carts from Otto Environmental Systems, LLC, pursuant to the terms and conditions of Bid # /04, for a total cost not to exceed $72,426.00, and specifying the funds therefore. (Funds from Account # Capital Outlay/Other Machines and Equipment) ITEM: 7 TAPE 1, COUNT 1702 Resolution 2008/237 - A Resolution of the City Commission of the City of Deerfield Beach authorizing the proper City officials to enter into a one (1) year contract with Pacific Waste Corporation for the replacement lids, casters and repairs and refurbishment of steel containers, for an estimated amount of $80,000, and specifying the funds therefore. (Funds from Account # Materials and Supplies/Material to Maintain Other) 13

14 CONSENT AGENDA - CONTINUED ITEM: 8 TAPE 1, COUNT 1702 Resolution 2008/238 - A Resolution of the City Commission of the City of Deerfield Beach authorizing the Mayor to enter into Modification #1 to the subgrant agreement between the City of Deerfield Beach and Florida Division of Emergency Management for a Hazard Mitigation Grants Program. ITEM: 9 TAPE 1, COUNT 1703 Resolution 2008/240 - A Resolution authorizing the proper City officials of the City of Deerfield Beach to enter into a contract with Richard J. Paley, M.D., as a medical director for the Advanced Life Support Services provided by the Deerfield Beach Fire/Rescue Department. (Funds from Account # Other Contractual Services) ITEM: 10 TAPE 1, COUNT 1703 Resolution 2008/241 - A Resolution of the City Commission of the City of Deerfield Beach authorizing the appropriate City officials to submit a grant application to the State of Florida Department of Transportation for the Broward Beautiful Grant Program for the proposed landscape beautification project within the confines of Hillsboro Boulevard between Federal Highway and Florida s Turnpike. ITEM: 11 TAPE 1, COUNT 1704 Resolution 2008/242 - A Resolution of the City of Deerfield Beach City Commission declaring its intent to reimburse the General Fund and Solid Waste Fund from the proceeds of a future lease-purchase financing for certain capital expenditures approved in the Fiscal Year 2009 Budget. ITEM: 12 TAPE 1, COUNT 1704 Ordinance 2008/ - 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. ITEM: 13a TAPE 1, COUNT 1705 Resolution 2008/243 - A Resolution of the City Commission of the City of Deerfield Beach authorizing the expenditure of $49, from the Law Enforcement Trust Fund for a parking lot security enhancement project. (Funds from the LETF) 14

15 CONSENT AGENDA - CONTINUED ITEM: 13b TAPE 1, COUNT 1705 Resolution 2008/244 - A Resolution of the City Commission of the City of Deerfield Beach authorizing the expenditure of $50, from the Law Enforcement Trust Fund to fund the PAL Programs. (Funds from the LETF) ITEM: 13c TAPE 1, COUNT 1706 Resolution 2008/245 - A Resolution of the City Commission of the City of Deerfield Beach authorizing the expenditure of $5, from the Law Enforcement Trust Fund to fund the Crime Prevention Fund. (Funds from the LETF) There was no discussion on Consent Items 1 13c. MOTION was made by Vice Mayor Sylvia Poitier and seconded by Commissioner Pam Militello to approve the Consent Agenda as amended. Voice Vote: YEAS: Commissioner Steve Gonot, Commissioner Pam Militello, Capellini. NAYS: None PUBLIC HEARINGS - 2ND READING ITEM: 13 TAPE 1, COUNT 1731 Ordinance 2008/032 - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH, FLORIDA, AMENDING CHAPTER 2 "ADMINISTRATION," ARTICLE V "CIVIL SERVICE SYSTEMS," DIVISION 3 "POLICE AND FIRE DEPARTMENTS," OF THE CITY CODE TO COMPLY WITH THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY AND THE DEERFIELD BEACH FIREFIGHTERS AND PARAMEDICS ASSOCIATIONS, LOCAL 1673, BY ELIMINATING THE CIVIL SERVICE BOARD AS IT RELATES TO THE FIRE DEPARTMENT; PROVIDING PROCEDURES FOR DISCIPLINARY APPEALS AND PROMOTIONS; CONTAINING A PROVISION FOR INCLUSION IN THE CITY CODE; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; CONTAINING AN EFFECTIVE DATE. The Ordinance was read by title only. There was no discussion on this item. Mayor Capellini closed the public hearing. 15

16 PUBLIC HEARINGS - 2ND READING - CONTINUED MOTION was made by Commissioner Steve Gonot and seconded by Commissioner Pam Militello to adopt Ordinance 2008/032. Voice Vote: YEAS: Commissioner Steve Gonot, Commissioner Pam Militello, QUASI-JUDICIAL PUBLIC HEARINGS ITEM: 14 TAPE 1, COUNT 1749 P.H : APPLICATION 08-P-186 Applicant: CENTRUM HILLSBORO LLC, by Michael Rose Proposal: To plat a acre parcel to be known as the CENTRUM HILLSBORO SUBDIVISION. Location: A portion of government lot 1, Section 6, Township 48 south, Range 43 east together with a portion of the southeast one-quarter of Section 31, Township 48 south, Range 43 east unrecorded, more particularly described in the file, and located at 1025 E. Hillsboro Blvd. Dennis Mele, representing the applicant, 200 East Broward Boulevard, Fort Lauderdale, said that they will waive the quasi judicial process. Andrew Maurodis, City Attorney, asked if there is anyone in the public who wishes to speak against this application. There were none. Mr. Maurodis said that if it is the Commission s desire, the request may be approved subject to departmental recommendation. Mayor Capellini asked if it meets all requirements. Commissioner Militello said that she spoke with Mr. Mele regarding this application. MOTION was made by Commissioner Pam Militello and seconded by Commissioner Marty Popelsky to approve the request. Roll Call: YEAS: Commissioner Steve Gonot, Commissioner Pam Militello, 16

17 QUASI-JUDICIAL PUBLIC HEARINGS - CONTINUED ITEM: 15 TAPE 1, COUNT 1769 P.H : APPLICATION 08-B1-185 Applicant: AGUA SEAFOOD & STEAK, by John Lamb Proposal: Site plan to renovate an existing restaurant and construct an additional 576 square feet of commercial space. Location: A 0.21 acre parcel, described as Lot 30 & the West 12.5 of Lot 31 in Block 11 of OCEAN VUE, more particularly described in the file, and located at 1967 N.E. 2nd Street. Dennis Mele, representing the applicant, 200 East Broward Boulevard, Fort Lauderdale, said that they will waive the quasi judicial procedure. Andrew Maurodis, City Attorney, asked if there is anyone present who wished to speak against the application. If not, the Commission may approve it subject to staff s recommendation. Commissioner Militello stated that she spoke with Mr. Mele regarding this project. Vice Mayor Poitier acknowledged that she too spoke to Mr. Mele regarding this project. MOTION was made by Commissioner Pam Militello and seconded by Vice Mayor Sylvia Poitier to approve the request. Roll Call: YEAS: Commissioner Steve Gonot, Commissioner Pam Militello, ITEM: 16 TAPE 1, COUNT 1786 P.H : APPLICATION 08-RS5-6 AND CASE NO Applicant: RADIANT LIVING WORSHIP CENTER, by Norman Jones Proposal: Site plan to construct a 9,608 square-foot house of worship; AND seeking the following 2 VARIANCES from the provisions of the Deerfield Beach Land Development Code: 1) from Section (c) in order to allow a church in an RS-5 zoning district with a 150-foot street frontage, rather than 200 feet; 2) from Section (f) in order to allow 23 trees and 489 shrubs, rather than 56 trees and 1,120 shrubs as required by Code AND seeking CONDITIONAL USE approval in accordance with the provisions of Section (c) (1) of the Deerfield Beach Land Development Code in order to allow a church or other house of worship in the RS-5 zoning district. Location: A 0.48-acre parcel described as Lots 8, 9 and 12 of the W.L. BRACKNELL SUBDIVISION together with portions of Section 31, Township 47 South, Range 43 East, totaling 0.56-acres for parking purposes, more particularly described in the file, located at 341 N.E. 1st Avenue. 17

18 QUASI-JUDICIAL PUBLIC HEARINGS - CONTINUED Andrew Maurodis, City Attorney, asked if there is anyone present who wished to speak against this application. Mayor Capellini said that there is no objection. Vice Mayor Poitier asked if the number of technical deviations affect the project. She said that the applicant has downsized. Commissioner Militello clarified that these were landscaping deviations. She said that the parking has been taken care of now and they have reduced the size of the seating. MOTION was made by Vice Mayor Sylvia Poitier and seconded by Commissioner Pam Militello to approve the request. Roll Call: YEAS: Commissioner Steve Gonot, Commissioner Pam Militello, Commissioner Militello acknowledged that she met with the applicant for Radiant Living Worship Center. ITEM: 17 TAPE 1, COUNT 1816 P.H : APPLICATION 07-RM10(5)-43 Applicant: CITY OF DEERFIELD BEACH, by Timothy O Neil, P.E. Proposal: Site plan to construct a pump/equipment building for two (2) new aquifer water wells. Location: A 3.61-acre parcel described as Parcels A and B of the CRYSTAL HEIGHTS PLAT, located at 2450 & 2650 S.W. 10th Street. Andrew Maurodis, City Attorney, asked if there was anyone present who is against this application. If not, the Commission may approve subject to staff s recommendation. MOTION was made by Commissioner Pam Militello and seconded by Vice Mayor Sylvia Poitier to approve the application. Roll Call: YEAS: Commissioner Steve Gonot, Commissioner Pam Militello, 18

19 QUASI-JUDICIAL PUBLIC HEARINGS - CONTINUED ITEM: 18 TAPE 1, COUNT 1837 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. Commissioner Militello stated that this has been tabled until October 21, ITEM: 19 TAPE 1, COUNT 1840 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 18 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 six (6) parking spaces rather than 24 parking spaces as required. Location: 5117 N. Dixie Highway. Andrew Maurodis, City Attorney, asked if there was anyone present who is against this application. Gerald Ferguson, Director of Planning and Growth Management/Building Department, stated that he sent a memorandum this afternoon requesting that this item be stricken. He said that the application has been changed; therefore, it must be readvertised. Vice Mayor Poitier said that the House of God Church is located on 9 th Street. She said that the backup material states the location is 375 feet from the House of God. Mr. Ferguson said that there is one in the storefront in the strip center on Dixie Highway, north of there. Vice Mayor Poitier said if it is near Ali Market that is near 15 th Street. 19

20 QUASI-JUDICIAL PUBLIC HEARINGS - CONTINUED Commissioner Militello said that they are fairly new, and is near Tony s Market and the barbershop. Vice Mayor Poitier said that she advised the applicant to contact the School Board to determine if the district member had any concerns. She further asked if it is permissible to have the Commission to change that policy; or if a policy change is needed regarding beer and wine. Mr. Maurodis said that the Ordinance will have to be amended. Mr. Ferguson explained that they need a variance to be closer than the 1,000 feet. However, Mr. Maurodis indicated that if the applicant wishes to change the 1,000 foot rule, the Commission would need to amend the ordinance. Mr. Maurodis agreed. He said that the applicant is applying for a variance. This item was stricken at the request of the Administration. GENERAL ITEMS ITEM: 20 TAPE 1, COUNT 1911 Resolution 2008/246 - A Resolution confirming the election results for members to the Board of Trustees - Firemen s Pension Trust Fund. The Resolution was read by title only. There was no discussion on this item. MOTION was made by Commissioner Steve Gonot and seconded by Commissioner Pam Militello to adopt Resolution 2008/246; confirming the election of the Firemen s Pension Trust Board members. Voice Vote: YEAS: Commissioner Steve Gonot, Commissioner Pam Militello, ITEM: 21 TAPE 1, COUNT Resolution 2008/247 - A Resolution reappointing a member to the Cultural Committee of the City of Deerfield Beach, Florida. The Resolution was read by title only. 20

21 GENERAL ITEMS - CONTINUED MOTION was made by Commissioner Pam Militello and seconded by Commissioner Steve Gonot to adopt Resolution 2008/247; reappointing Norbert LaRochelle as a member to the Cultural Committee. Voice Vote: YEAS: Commissioner Steve Gonot, Commissioner Pam Militello, ITEM: 22 TAPE 1, COUNT 1918 Resolution 2008/248- A Resolution of the City Commission of the City of Deerfield Beach approving the purchase from Wheeled Coach for one 2009 Wheeled Coach Ambulance for the Department of Fire Rescue, for a total purchase price not to exceed $257,249.00, and specifying the funds therefore. (Funds from Account # Capital Outlay/ Automotive Equipment) The Resolution was read by title only. Vice Mayor Poitier asked if the ambulance cost this much, or is it a truck. She asked if the truck is fully equipped. Tony Stravino, Fire Chief, said that there is minor equipment on the truck; however, the life of the truck is approximately 10 years. He further stated that some of the equipment is taken off of the older ambulances. MOTION was made by Vice Mayor Sylvia Poitier and seconded by Commissioner Pam Militello to adopt Resolution 2008/248. Voice Vote: YEAS: Commissioner Steve Gonot, Commissioner Pam Militello, ITEM: 23 TAPE 1, COUNT 1994 Resolution 2008/249 - A Resolution of the City Commission of the City of Deerfield Beach approving a contract with Chemical Lime Company for the purchase of bulk quicklime at a total estimated cost of $465,000.00, pursuant to the Southeast Florida Governmental Cooperative Group Bid #06-33, and specifying the source of funds therefore. (Funds from Account # Material and Supplies/Chemicals) The Resolution was read by title only. 21

22 GENERAL ITEMS - CONTINUED There was no discussion on this item. MOTION was made by Vice Mayor Sylvia Poitier and seconded by Commissioner Pam Militello to adopt Resolution 2008/249. Voice Vote: YEAS: Commissioner Steve Gonot, Commissioner Pam Militello, ITEM: 24 TAPE 1, COUNT 2008 Discussion regarding NE 2nd Avenue Local Agency Project. Commissioner Militello said that this is something that the Commission discussed years ago; however, it is not moving forward regarding the improvements down here. She asked if a motion is needed to cancel the LFT. Andrew Maurodis, City Attorney, replied yes. In response to Commissioner Gonot s question, Commissioner Militelllo replied that the subject improvements were to be made from Hillsboro Boulevard down NE 2 nd Avenue. Mayor Capellini replied they were to made in front of City Hall. Commissioner Gonot said that he does not want to lose the funding on this project; however, if it is not adequate, he suggested having discussion with the Department of Transportation, DOT, to roll the monies into the overpass project. He said whatever the $90,000 could pay would be fine. He said that DOT did this with the train station. Instead of cancelling and losing the fund, ask to give it back to the DOT and let the project funds be used for the overpass. MOTION was made by Commissioner Pam Militello and seconded by Vice Mayor Sylvia Poitier to cancel improvement on NE 2nd Avenue. In response to Commissioner Militello s comments, Commissioner Gonot said that it was no need for a motion and instructed the City Manager to contact DOT. It was the consensus of the Commission to have the City Manager contact DOT regarding this matter. Voice Vote YEAS: Commissioner Steve Gonot, Commissioner Pam Militello, (Note: Although it was intent of the Commission to take a voice vote, they did not.) 22

23 GENERAL ITEMS - CONTINUED ITEM: 25 TAPE 1, COUNT 2085 Discussion regarding acquisition of Boinis property. Mayor Capellini said that the City applied for a grant application and received $310,000 and the owner was asking $600,000. He said that they did not want to negotiate down. So we will return the money to the State unless the Commission wishes to approve the other $300,000. Michael Mahaney, City Manager, said that the City received $310,000 through the County. There was a FRDAP application that was time sensitive that the Administration submitted the end of September. He said that the maximum award is $200,000 and you can use the $310,000 from the County for the required match. He said that the Administration will proceed on the game plan, which would give the City $510,000 of grant money, since the owner is asking $600,000; this is the first decision before the Commission. The second decision is if the Commission is so inclined, this afternoon, he received an from Parks and Recreation advising that there is also a grant through DEP, the Coastal Management Program, which can award up to $50,000 which is due before the Commission meets again on October 21, Mr. Mahaney said that this would be a mirror image of the September 30 th application. If the City is successful it would place the City at $560,000; which would be slightly below the owner s asking price. He requested approval to move forward with the grant that was submitted and the new one. In response to Vice Mayor Poitier s question, Commissioner Militello replied that we received $310,000. She further stated that the Commission s discussion has been to purchase said property with grant money. Commissioner Gonot asked if the Commission started this process approximately one (1) year ago. He asked when the application was submitted for the $310,000. Mr. Mahaney replied said shortly after the property was surveyed, approximately six (6) months ago. He further stated that there has been much change with regard to the value of the price. Mayor Capellini said that he never thought that the value of the property should be that high to begin with. Commissioner Militello said that the owner does not want to reduce the price. Although he paid $200,000 for it; nevertheless, this property and the pier tore this City apart. And we are still trying to heal from the damage that was done from 23

24 GENERAL ITEMS - CONTINUED that. She further stated that although he is being adamant about this, she would like to use grant money because it has cost the City enough already. Mayor Capellini asked if the City would have to give any of the $310,000 back. Mr. Mahaney replied yes, if the City does not purchase the property. Mayor Capellini suggested that the Commission offer the $310,000 and see if he refuses it. Commissioner Militello said that it is her understanding that said offer was made but the owner rejected it. Mr. Mahaney said that it is his understanding that the owner refused the $310,000. Mayor Capellini suggested that the Commission make a motion to have the owner respond in 10 days, or we send the money back. Vice Mayor Poitier asked if we want to send the money back immediately. Andrew Maurodis, City Attorney, said that the City can hold onto the money for one (1) year. Mayor Capellini said that Commissioner Militello has stated that we are working to get the owner more money. However, as Commissioner Gonot stated, the property is not worth it and does not believe he can do anything with it. He said that the subject property is 50 feet wide down to the beach. Vice Mayor Poitier said that the owner can delay the City from constructing the bathrooms. She further suggested that the city uses it s lobbyist Mitch Ceasar to assist in this matter. Mayor Capellini said that neither he, Commissioner Gonot, or Commissioner Militello wish to pay anymore for the property. Commissioner Popelsky asked Commissioner Militello, District Commissioner, if she would like to make a motion to cancel the whole thing. Make the offer for the $310,000 and give him 10 days and based upon that, a yes or a no. He further stated that he does not think the property is worth more than a couple $100,000; which is what he paid. Additionally, Commissioner Popelsky said that the owner is aware that the City is attempting to get him more money. He further stated that he would like to end this matter as we have been discussing it for six (6) months now. 24

25 GENERAL ITEMS - CONTINUED Vice Mayor Poitier said that you cannot tell a person who owns property what it is worth. Commissioner Popelsky said that both the City Commission and the owner know that the property is over priced. At what point do we say that we do not want to go any further. Mayor Capellini said that the owner cannot do anything with the piece of property. Commissioner Militello said that she is not sure if the City will be successful in obtaining the grant; however, if we have the opportunity to go forward with it. Mr. Mahaney suggested that if the Commission does not continue to apply for the $200,000 FRDAP and the DEP grant, it will be given to someone else. He said that the City has already applied and does not need assistance applying. Further, the City has been very successful in completing the application(s). He asked if the City Commission wished to proceed with the grant application for state funds. Or, does the Commission prefer that they give the $260,000 to someone else. Mayor Capellini said that we are negotiating in a public forum. He said that you would never tell your seller what you are willing to pay or sell something. He said that he is not certain if the other $200,000 grant can be used for something else. But to tell the property owner that you are trying to meet his price is not right. MOTION was made by Commissioner Popelsky to offer the property owner $310,000 and give him 10 or 20 days what ever is reasonable and if he refuses that concludes the offer. Commissioner Militello said that she asked that this offer be made and it was her understanding that he would not accept it. Mayor Capellini said that he finds for the property owner to request such an exorbitant amount of money for a property that he cannot build anything on it, it is deplorable. A brief discussion pursued regarding the vote of a proposed restaurant project for the subject property. Mayor Capellini said that even if it is a grant it is still taxpayer money. Commissioner Popelsky s motion failed for lack of a second. 25