CITY OF DEERFIELD BEACH REGULAR CITY COMMISSION MEETING MINUTES Tuesday, March 18, 2014 at 6:45 PM

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1 CITY OF DEERFIELD BEACH REGULAR CITY COMMISSION MEETING MINUTES Tuesday, March 18, 2014 at 6:45 PM The meeting was called to order on the above date by Mayor Jean Robb at 6:47 p.m. in the City Commission Chambers, City Hall, Deerfield Beach, Florida. Present: Also Present: Absent: Commissioner Bill Ganz Commissioner Ben Preston Commissioner Richard Rosenzweig Vice Mayor Joe Miller Mayor Jean Robb Burgess Hanson, City Manager Andrew Maurodis, City Attorney Samantha L. Gillyard, CMC, Deputy City Clerk None INVOCATION AND PLEDGE OF ALLEGIANCE DIGITAL TIME STAMP: 6:48:11 The invocation was offered by Bishop Anthony Pelt, Radiant Living Worship Center, followed by the Pledge of Allegiance INSTALLATION CEREMONY DIGITAL TIME STAMP: 6:49:30 1) Presentation/remarks for outgoing Vice Mayor Joseph Miller Vice Mayor Joe Miller said this is his second time serving as Vice Mayor and thanked everyone for their support. 2) Oath of office administered by City Clerk to Commissioner Ben Preston, Incoming Vice Mayor The Oath of office was administered to Commissioner Ben Preston, who was inducted as Vice Mayor for March 2014 March PRESENTATIONS DIGITAL TIME STAMP: 6:55:02 1) Certificate of Recognition presented to Jordan Murphy. (Requested by Commissioner Ben Preston) Vice Mayor Preston presented certificates to the following individuals: Steve Collazo, Jordan Murphy, and Deputy Butch Santy. He said that Mr. Murphy is a boxer and is a part of the PAL Program, a National Champion who resides in the City. He acknowledged his parents for their contributions to his success. Additionally, Mr.

2 PRESENTATIONS CONTINUED Collazo and Deputy Santy teach the children the importance of education and giving back to the community. In addition to the certificate, Vice Mayor Preston presented a trophy to Mr. Murphy for his boxing accomplishments. 2) Community Improvement Video The Community Improvement Video highlighted the Women s Black Heritage Event and other events throughout the City. PUBLIC TO BE HEARD DIGITAL TIME STAMP: 7:03:53 James Flick - Accolades to Deerfield Beach Fire Rescue James Flick, 1238 Hillsboro Mile, Hillsboro Beach, explained how Deerfield Beach Fire Rescue, BSO, assisted his son through several episodes, specifically, Lt. Noland and Lt. Kellogg giving his son time during their time off. Barbara Miranda Community Gardens Barbara Miranda, 160 Ventnor J, Deerfield Beach, expressed dissatisfaction with the City Commission and Staff for not implementing community gardens. Bernie Parness Item 12 - Cove Parking Lot Meters Bernie Parness, 3074 Hardwood F, Deerfield Beach, made several suggestions how to maintain the Cove Parking Lot without installing meters; to include common area maintenance based on the square footage of the property. Rob Riebe Item 12 - Cove Shopping Center Retailer's League Rob Riebe, 201 SE 15 th Terrace, Deerfield Beach, said that the Cove Shopping Center Retailer s League was formed to assess options available for the City and the Cove property owners. The membership consists of 40 property owners in the Cove Shopping Center and they are self financed. He said that they would like to provide recommendations to the City Manager for consideration. Aaron Lyons, Item 9 Placement of Items in Right-of-Way Aaron Lyons, 1490 SW 9 th Avenue, Deerfield Beach, provided photos of how he landscaped and refurbished his property. He said he installed rounded grass stones in his yard to prohibit parking on his grass in the swale; but was cited by Code Enforcement because the stoppers are not allowed, as of January 21 st. After riding through his community, he said that others have the same stoppers and other things in the swale area that could be addressed and focused on. He said his goal is to keep the City and his property beautiful and the City should support that and asked that Item 9 be supported. Mayor Robb said that the she thought the round stoppers were permissible and the only ones that she believed are prohibited are the ones that stick out of the ground. Mr. Lyons commented that his neighbor said someone from the City approved hers, but would not allow the pointy ones. 2

3 PUBLIC TO BE HEARD CONTINUED Mr. Lyons said that Code Enforcement has advised that he will be fined every day until they are removed. Andrew Maurodis, City Attorney, said the amendment (to the ordinance) will resolve that issue. Mayor Robb said that it will be taken care of. Matthew Competiello - American Lung Association - Tobacco Free Holiday Matthew Competiello, 2020 S. Andrews Avenue, Fort Lauderdale, said he serves as the Program Manager for the American Lung Association. Thereafter, he provided an information packet to the Commission regarding the events that they offer. He spoke specifically on the Tobacco Free Holiday and highlighted a sign that they offer to other cities; Lighthouse Point, Miramar, Sunrise, Lauderhill, and other organizations. In closing, he offered himself as a resource to the City for issues such as this. Katy Freitaug City Commission Meeting Format Katy Freitaug, 418 SE 2nd Street, Deerfield Beach, said that the City Commission meeting flow was recently changed; however, when the Commissioners give additional information, it does not allow the public to react. She asked that there be consideration to allow the public to respond. Ms. Freitaug also commented on a resident who advocated for parking meters in the Cove; whereas, she believes the individual s advocacy was self serving. Lastly, Ms. Freitaug announced that there is a Women s Club meeting tomorrow night at 7:30 PM. Caryl Berner City Commission and Housing Authority Actions Caryl Berner, 3130 Cambridge F, Deerfield Beach, commented on a City Commissioner that belittles a (Housing Authority) Board member, but not a previous Board member for worse infractions, i.e. nepotism. She further commented on a former Housing Authority employee embezzling funds and the City s accountability. She also commented on the past action of three (3) Housing Authority Board members stepping down and the BSO Fire merger. Joe Hines Median Landscaping Contract Joe Hines, 559 NW 47th Terrace, Deerfield Beach, commented on the difference in cost between the contractor s price and in house cost. He also commented on the City being able to verify whether workers are undocumented. Lastly, he asked that Staff explain the procurement policy. Mayor Robb said that it will be explained later in the meeting. James Benefield Respect James Benefield, 533 NW 3rd Way, Deerfield Beach, said that everyone wants respect; however, when others disrespect the Mayor, and the Commissioners do not address that individual, they are also disrespecting the Mayor. Rita Masi Respect Rita Masi, NE 19th Avenue, Deerfield Beach, objected to Mr. Benefield s example and said she feels disrespected. 3

4 APPROVAL OF THE MINUTES DIGITAL TIME STAMP: 7:37:05 Regular City Commission Meeting Minutes - March 4, 2014 MOTION was made by Commissioner Joe Miller and seconded by Commissioner Richard Rosenzweig to approve the Regular City Commission Meeting Minutes of March 4, Voice Vote: YEAS: Commissioner Bill Ganz, Commissioner Joe Miller, Commissioner Richard Rosenzweig, Vice Mayor Ben Preston, and Mayor Jean Robb. NAYS: None. ACKNOWLEDGEMENT OF BOARD MINUTES DIGITAL TIME STAMP: 7:37:26 1) Community Redevelopment Agency Meeting Minutes - January 21, ) Deerfield Beach Police Pension Fund Meeting Minutes - November 15, 2013 MOTION was made by Commissioner Joe Miller and seconded by Commissioner Richard Rosenzweig to acknowledge the Board minutes. Voice Vote: YEAS: Commissioner Bill Ganz, Commissioner Joe Miller, Commissioner Richard Rosenzweig, Vice Mayor Ben Preston, and Mayor Jean Robb. NAYS: None. APPROVAL OF THE AGENDA DIGITAL TIME STAMP: 7:37:43 MOTION was made by Vice Mayor Ben Preston and seconded by Commissioner Joe Miller to approve the March 18, 2014 agenda as amended, adding Item 11a, and tabling Item 11 until April 1, Roll Call: YEAS: Commissioner Bill Ganz, Commissioner Joe Miller, Commissioner Richard Rosenzweig, Vice Mayor Ben Preston, and Mayor Jean Robb. NAYS: None. QUASI-JUDICIAL PUBLIC HEARINGS Andrew Maurodis, City Attorney, administered the oath of office to those offering testimony on Items 1 3, to include Staff. ITEM: 1 DIGITAL TIME STAMP: 7:39:26 P.H : APPLICATION 90-RM25-27 REVISION 11 AND CASE NO Applicant: DEERFIELD 21 CORPORATION, represented by Sam Poole Proposal: Site plan modification to an existing hotel complex to increase the outdoor seating area for two restaurants on an existing patio from 1,192 square feet to 2,073 square feet; AND seeking a VARIANCE from Section of the Deerfield Beach Land Development Code in order to allow 56 outdoor seats for the first restaurant and 40 outdoor seats for the second restaurant for a total of 96 outdoor seats rather than the maximum of 48 seats (24 seats per restaurant). Location: A 2.16-acre parcel described as Lots 3, 4, and 5, Block 4; Lots 1 thru 6, less the feet thereof Block 3; and all of Lots 1, 5, 6, 7 and 4

5 QUASI-JUDICIAL PUBLIC HEARINGS CONTINUED 9; and the west 55 feet of Lots 2, 3, and 4, Block 6 of the DEERFIELD BEACH plat, more particularly described in the file, located at 2096 N.E. 2nd Street. Sam Poole, Berger Singerman Law Firm, 350 East Las Olas, Fort Lauderdale, waived the quasi-judicial procedure. The application is for a variance to allow additional outdoor seating at the Wyndham Hotel, the two (2) restaurants, and the application speaks for itself. Andrew Maurodis, City Attorney, asked if the application and the entire file is being made a part of the record. Mr. Poole replied yes. Mayor Robb opened the public hearing; there was none to speak and she closed the public hearing. MOTION was made by Commissioner Joe Miller and seconded by Vice Mayor Ben Preston to Approve Item 1, adopted Resolution 2014/060. Roll Call: YEAS: Commissioner Bill Ganz, Commissioner Joe Miller, Commissioner Richard Rosenzweig, Vice Mayor Ben Preston, and Mayor Jean Robb. NAYS: None. ITEM: 2 DIGITAL TIME STAMP: 7:40:54 P.H : APPLICATION 89-PUD-3R REVISION 1 AND CASE NO Applicant: TIVOLI LAKES CLUB INVESTORS, represented by Investments Limited Proposal: Site plan modification to convert 3,700 square feet of an existing clubhouse into a childcare center with an additional 1,392 square feet of covered outdoor play area; AND seeking a TECHNICAL DEVIATION for 14 parking spaces in accordance with Section (q) (i) of the Deerfield Beach Land Development Code to accommodate a childcare center. Location: The property is located at 602 Anderson Circle. Chuck Marchitello, CJM Construction, waived the quasi-judicial procedure. In representation of the property owners, Mr. Marchatello said the application was before the Commission in 2008 and is clear in terms of the daycare center located at the site; however, it has expired. Mayor Robb asked if the daycare center approved then was for the use of the residents only. Mr. Marchitello replied he does not know as he is the general contractor. This (application) originated from a violation based on work without a permit which led to the file whereby a deficiency was discovered and they are bringing the property into compliance with regard to the zoning issue. 5

6 QUASI-JUDICIAL PUBLIC HEARINGS CONTINUED Mayor Robb asked if square footage is being added. Mr. Marchitello said no. Mayor Robb again asked if the daycare is specifically for the residents of Tivoli Park. Mr. Marchitello said he cannot answer that accurately as he is not sure. Mayor Robb said that the Commission needs to know whether this is going to be a commercial enterprise, allowing people from outside the community, or specific to those in the community. Andrew Maurodis, City Attorney, said that is for a parking deviation. Mr. Marchitello said that the application has already been put forth and was submitted as a daycare in 2008; therefore, the issue is parking. He said nothing has changed since then; however, on the County level, paperwork was not finished and has expired. Consequently, they are asking that the parking deviation be completed again then it goes back to the County. The facility is currently operating as a daycare serving the community and a building department violation has to be conformed to. Commissioner Ganz outlined the application whereby the backup information explains that the majority of the students enrolled are family members of the Tivoli residents, but does not state that it is specifically for those residents; nevertheless, he does not think it can be denied. Mr. Marchitello said that this is not a gated community. Mr. Maurodis said that the nature of the daycare being public or private has no reflection on the application; it is strictly for a technical deviation. Mayor Robb opened the public hearing. Robert Ranta, President of Tivoli Trace Condominium Association, 545 Trace Circle, Deerfield Beach, said that the Tivoli Lakes Club/Investments Limited is requesting a change for the Tivoli Lakes Club to modify and convert 3700 square feet of clubhouse space into a child daycare center; Mr. Ranta read from a prepared statement (see attached). Mr. Marchitella answered the questions posed by Mr. Ranta. He said he is not here for an expansion of the daycare center; but what was triggered was a life safety issue brought about by the Broward County Fire Department during a routine inspection. He said resolving these issues required a building permit, which triggered what they found as a lapse from He said no expansion is being requested, the daycare is operating, no walls were changed, the current floor plan is what they are operating out of. Additionally, he said the operation is still being held by Investments Limited and the way they handle their lease, nothing has changed; it still operates the same. 6

7 QUASI-JUDICIAL PUBLIC HEARINGS CONTINUED The playground was done in 2008 and they handled everything that needed to be done on a building permit; again, this is only for a parking deviation. Lastly, Mr. Marchitella said that this will allow the County s Department of Environmental Services to release their plans to be stamped and allow them to clean up a violation. Mayor Robb closed the public hearing. MOTION was made by Vice Mayor Ben Preston and seconded by Commissioner Joe Miller to approve Item 2, adopted Resolution 2014/061, subject to departmental requirements. Roll Call: YEAS: Commissioner Bill Ganz, Commissioner Joe Miller, Commissioner Richard Rosenzweig, Vice Mayor Ben Preston, and Mayor Jean Robb. NAYS: None. ITEM: 3 DIGITAL TIME STAMP: 7:51:37 P.H : APPLICATION 13-PID-1F AND CASE NO Applicant: AQUATERRA DESIGN GROUP, represented by David Rathbun Proposal: Site plan modification to add 5,367 square feet to an existing 13,147 square-foot office/warehouse building for a total of 18,514 square feet; AND seeking a VARIANCE from Section (c) of the Deerfield Beach Land Development Code to not provide the one required interior landscape island. Location: The property is a 1.0 acre parcel described as a portion of Section 36, Township 47 South, Range 42 East, more particularly described in the file, located at 601 Jim Moran Boulevard. Loren Raia, Brenner Architectural Group, waived the quasi-judicial procedures. Mr. Raia said that this request is to remove an interior island from their parking design and add a portion of offices to the building. He further stated that do comply with parking for the square footage of the building but do not have any room for an interior island. Mayor Robb opened the public hearing; there was none to speak and she closed the public hearing. Commissioner Miller asked if removing the island would increase the parking. Mr. Raia replied it is part of the requirement to have an interior island for every 20 parking spaces. He further explained that they would not have the room if all the parking on the site was done; therefore, the choice would be between the island and parking spaces. MOTION was made by Commissioner Joe Miller and seconded by Commissioner Bill Ganz to approve Item 3, adopted Resolution 2014/062. Roll Call: YEAS: Commissioner Bill Ganz, Commissioner Joe Miller, Commissioner Richard Rosenzweig, Vice Mayor Ben Preston, and Mayor Jean Robb. NAYS: None. 7

8 CONSENT AGENDA DIGITAL TIME STAMP: 7:53:47 MOTION was made by Vice Mayor Ben Preston and seconded by Commissioner Richard Rosenzweig to approve Items 4-6, 8-10, and 11a of the Consent Agenda. Voice Vote: Commissioner Bill Ganz, Commissioner Joe Miller, Commissioner Richard Rosenzweig, Vice Mayor Ben Preston, and Mayor Jean Robb. NAYS: None. ITEM: 4 DIGITAL TIME STAMP: Resolution 2014/063 - A Resolution of the City Commission of the City of Deerfield Beach, Florida, authorizing the execution of certification documents for the State of Florida Voluntary Pre-Kindergarten Education Program for the Northeast Focal Point Preschool for the 2014 summer and fall program. ITEM: 5 DIGITAL TIME STAMP: Resolution 2014/064 - A Resolution of the City Commission of the City of Deerfield Beach, Florida, approving the sale and serving of alcoholic beverages at the 7th Annual South Florida Surfers for Autism Beach Festival to be held on April 25, 26 and 27, ITEM: 6 DIGITAL TIME STAMP: Resolution 2014/065 - A Resolution of the City Commission of the City of Deerfield Beach, Florida, approving a tower license agreement extension with SBA 2012 TC Assets, LLC to ITEM: 7 DIGITAL TIME STAMP: 7:54:22 Ordinance 2014/ - AN ORDINANCE OF THE CITY OF DEERFIELD BEACH AMENDING SECTION OF THE CITY OF DEERFIELD BEACH CODE OF ORDINANCES AMENDING THE TIMEFRAME FOR PARKING ON A PORTION OF N.E. 21ST AVENUE (OCEAN WAY); PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Commissioner Miller said the intention of the ordinance was to allow the areas close to the restaurants to have additional parking until 12 midnight, but on the west side of the Wyndham is SE 20th Terrace, a non residential street, and is a part of the s-curve right across from Flannigan s from the pier to the fire station. Andrew Maurodis, City Attorney, explained that said language can be added since it is first reading and recommended that the ordinance be approved as amended. MOTION was made by Commissioner Joe Miller and seconded by Commissioner Richard Rosenzweig to approve Item 7 as amended and setting the public hearing for April 1, Roll Call: YEAS: Commissioner Bill Ganz, Commissioner Joe Miller, Commissioner Richard Rosenzweig, Vice Mayor Ben Preston, and Mayor Jean Robb. NAYS: None. 8

9 CONSENT AGENDA CONTINUED ITEM: 8 DIGITAL TIME STAMP: Ordinance 2014/ - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH AMENDING THE CITY S ADOPTED COMPREHENSIVE PLAN BY UPDATING THE CAPITAL IMPROVEMENTS ELEMENT (CIE) INCLUDING THE FIVE YEAR SCHEDULE OF CAPITAL IMPROVEMENTS IN ORDER TO UPDATE THE CIE IN CONFORMANCE WITH SECTION , FLORIDA STATUTES, AS MORE SPECIFICALLY SET FORTH IN EXHIBIT "A"; CONTAINING AN EFFECTIVE DATE. ITEM: 9 DIGITAL TIME STAMP: Ordinance 2014/ - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH, FLORIDA, AMENDING SECTION RELATING TO THE PLACEMENT OF OBJECTS IN THE RIGHT- OF-WAY; CONTAINING A PROVISION FOR INCLUSION IN THE CITY CODE; CONTAINING A SEVERABILITY CLAUSE; CONTAINING AN EFFECTIVE DATE. ITEM: 10 DIGITAL TIME STAMP: Ordinance 2014/ - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH CREATING SECTION OF THE CITY OF DEERFIELD CODE OF ORDINANCES, PROHIBITING THE SALE OF NICOTINE VAPORIZERS OR LIQUID NICOTINE TO ANY PERSON UNDER THE AGE OF EIGHTEEN (18) YEARS OLD, PROHIBITING THE SALE OF NICOTINE VAPORIZERS OR LIQUID NICOTINE IN VENDING MACHINES, PROVIDING FOR PENALTIES; CONTAINING A PROVISION FOR INCLUSION IN THE CITY CODE; CONTAINING A SEVERABILITY CLAUSE; CONTAINING AN EFFECTIVE DATE. ITEM: 11 DIGITAL TIME STAMP: Ordinance 2014/ - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH, FLORIDA, AMENDING SECTION 10-2, PROVIDING FOR DEFINITIONS RELATING TO THE SALE OF DOGS AND CATS; CREATING A NEW SECTION RELATING TO THE SALE OF DOGS AND CATS, PROVIDING FOR REGULATIONS, EXEMPTIONS AND AMORTIZATION; CONTAINING A PROVISION FOR INCLUSION IN THE CITY CODE; CONTAINING SEVERABILITY CLAUSE; CONTAINING AN EFFECTIVE DATE. Item 11 was tabled under approval of agenda. 9

10 CONSENT AGENDA CONTINUED ITEM: 11A DIGITAL TIME STAMP: Resolution 2014/066 - A Resolution of the City Commission of the City of Deerfield Beach approving an application for a Broward MPO Grant under the Transportation Alternative Program for funding of proposed sidewalk and bicycle lane improvements on Military Trail between SW 10 th Street and Hillsboro Boulevard. GENERAL ITEMS ITEM: 12 DIGITAL TIME STAMP: 7:56:12 Discussion regarding the Cove Parking Lot Burgess Hanson, City Manager, provided a PowerPoint presentation addressing the Cove parking lot issues. Mr. Hanson said that he has spoken with Mr. Gold, attorney representing the Cove Retailer s League, which was a positive meeting with good input. Additionally, he suggested meeting with other property owners or tenants not covered by the league. Why Mr. Hanson said that this is being evaluated partly because of revenue, but to essentially address the parking demands. The Blue Waters site plan has been submitted which will be located on the old Pal site, north of Two Georges; once the area is constructed, a lot of the area being used for parking will be eliminated, creating more of a parking issue on the weekends. He outlined other reasons why the parking lot should be addressed: such as, no parking for business patrons, costs associated with parking lot maintenance, loss of revenue from beach parking. Parking Study Mr. Hanson said that back in March 2013, the City conducted a brief parking study for two (2) eight (8) hour periods on a Tuesday and Saturday which illustrated that on the weekend, nearly 40% of the parked vehicles were headed to the beach. During the weekdays, 97% of the vehicles parked were using the lot for Cove businesses. This year 40% could be slightly higher as it is difficult to find parking during season. Parking Zones Mr. Hanson explained the map configuration of the Cove parking area. The purple zone (zone 3) has the most beach parking. Option 1 Mr. Hanson said that Staff provided a brief synopsis of four (4) options for the Commission which may be discussed with the property owners and business tenants in the Cove. The first option would be a special assessment that would cover costs including, but not limited to landscape maintenance, utilities and lighting, routine maintenance and replacement of signs, lights, administrative costs related to parking enforcement, due to the 2 hour parking around the perimeter; and others. 10

11 GENERAL ITEMS CONTINUED Additionally, Mr. Hanson said that in 2029, the CRA could be eliminated and the general fund would become responsible for long term renewal and replacement of items within the Cove parking lot. He explained that for a special assessment, the handling would be similar to the City s fire assessment fee; whereby, a firm is hired to evaluate the various businesses, the usage as well as the square footage. For example, a 2,000 square foot facility could have very little demand on parking, whereas; an 800 square foot facility could have high parking demand. If this were considered, it could be placed on the property tax bill thus reducing litigation issues; notwithstanding, there would also be annual evaluations which are slightly less expensive. Mayor Robb said that this does not protect the businesses from people who will park in the Cove and go to the beach. Mr. Hanson said that this option would cover a parking enforcement officer that would address the issue; nevertheless, there would have to be an ordinance for no beach parking, if allowed. Continuing, Mr. Hanson said that if meters or gate controls were installed, it would allow owners and property owners to purchase discount parking rates for their employees and could cover patron costs. However, using a special assessment would also allow general funds to be placed in the designated fund balance reserve for other projects. Option 2 Mr. Hanson said Option 2 involves installing a Cale Parking System similar to what is on the beach. If that was done, a reasonable hourly rate could be implemented and it would remain constant, or it can be adjusted throughout the day or weekend. There will be an initial upfront cost and an annual operating cost(s), which is approximately $85,000 - $115,000 to include a second enforcement vehicle; provided by BSO, but the City would install the equipment. There would also be minimal maintenance costs for the system stations and a part time parking enforcement officers would have to be hired. Moreover, if a pay system were installed, there would be dissatisfaction from customers. Consequently, revenue is dependent on the hourly rate and if the rate is too low, it will not cover costs of meters, maintenance, and enforcement; however, if too high, it will not be utilized. Option 3 Mr. Hanson said that he does not have any costs associated with controlled access parking (Option 3). The device scans the license plate upon entry, when exiting the patron would pay at a station for their time. This feature would allow for controlled time stamp for business patrons and an employees discounted parking rate; and the exit gate only opens if paid. Additionally, there would have to be a staff person on site to address possible issues. Option 4 Mr. Hanson said that some of the restaurants would like to use valet parking (Option 4) which would be for evenings & weekends only. For this option, a private contractor is recommended as they would assume the liability for parking vehicles. After 5 pm and on weekends; there would not be any self parking with the exception of employees and owners. Once Water's Edge opens, there will be a need for more parking; thus, if there is valet, you will be able to park more vehicles. He said that there is also potential for additional revenue, such as car detailing while at the parking lot; nonetheless, he is open to hearing the ideas from the Cove Retailer s. 11

12 GENERAL ITEMS CONTINUED Estimated Expenditures - Mr. Hanson said that the City currently expends $66,240 for general maintenance which includes landscape maintenance, paver cleaning, graffiti removal, light replacement and others. If the Commission decided to utilize parking enforcement, there would need to be meters installed whether they were charged or not as it would determine how long a person has been at the center. He provided rough estimates for this expense; approximately $77,000 overall; Monday thru Thursday 5 pm 11 pm, an additional $17,000; from Friday evening to Sunday close, approximately $27,000, all options include enforcement officers, training, and any other miscellaneous items. Mayor Robb said that she would like the Commission to have an opportunity to review the information provided as well as information from the Cove Retailers. Unfortunately, Option 1 does not protect the Cove owners from people parking at the shopping center and patronizing the beach. She suggested a workshop be held to hear from the stakeholders, including the public. In response to Mayor Robb s comment, Mr. Hanson said that he would provide the presentation to both Mr. Riebe and Mr. Gold. Daily Revenue Totals Mr. Hanson outlined possible revenue for meter systems; however, the figures do not take out any expenditures for purchasing equipment, operating or maintenance costs. With seasonal fluctuation, the total annual revenue stream would be approximately $778,000 which is 7 days per week at $0.50/hour from 6 am 5 pm Monday thru Friday, then Friday 5 pm to close at $1/hour. He said he is not advocating for any of the fees, but wanted to illustrate the potential revenue of meters. What s Next Mr. Hanson asked that the Commission give direction to either leave the lot status quo or that something will be done; i.e. meet with property owners and the attorney representing the Cove Retailer s, and/or develop a parking model that addresses parking issues, revenue and costs while improving the center for patrons and businesses. Mayor Robb reiterated her desire to have a workshop for all stakeholders possibly in April since there is only one (1) City Commission Meeting scheduled. Additionally, she said if anything is done in the Cove, she suggested that something be done in Palm Plaza as well. She further recommended that the City Manager determine a date for a workshop once all the material has been received. ITEM: 13 DIGITAL TIME STAMP: 8:15:18 Request approval for the Deerfield Beach travel delegation to speak on behalf of the City Commission in support of funding for NE 3rd Avenue/SW 11th Way roadway improvement project, Sober Home Legislation, Funding for the Deerfield Beach Teen Center and any other items the City Commission would like for them to discuss with the Members of the Florida House of Representatives and Senate. 12

13 GENERAL ITEMS CONTINUED Mayor Robb said that she does not have any issues with the Commissioners attending the function, but expressed opposition with the City spending money for Commissioners to attend various events, i.e. Chamber of Commerce Gala. She said that both she and Commissioner Rosenzweig contributed $100 each for a Founder s Day ad; thereafter, she listed various events that she spent money to either purchase tickets or tables. She said if the City wants to purchase an ad for Founder s Day, that is acceptable, as well as the Art Festival. Burgess Hanson, City Manager, explained that the item addresses what the attending Commissioners will have the authority to speak on in Tallahassee; therefore, the Commission will need to approve the Tallahassee agenda. Topics include sober homes, sober homes legislation, funding for SW 11 th Way, and the Teen Center. He explained that it is important for the Commission to approve it because in the community budget request for State Legislation, it asks if the City/County Board approved the topics. Mayor Robb said that when sober homes are discussed, to explain that the biggest problem is when residents of sober homes are discharged, they are left in the city with nowhere to go. Commissioner Ganz said that he would like to add funding for the sound wall along the Turnpike in the north Broward section to the Tallahassee itinerary. He said that litigation has been going on for years, and has prevented the expansion of the Turnpike in that area. Furthermore, because they will not construct a sound wall without an expansion, there is an issue with a gas pipeline. The residents have been suffering with Turnpike noise for years. Therefore, he asked that it be addressed as an expansion has been done to the north, but the pipeline has created an issue. Mr. Hanson named the Representatives that would be responsible for the area; Representative Clarke-Reed, Representative Waldman, and Senator Clemmons. Vice Mayor Preston said to buy a ticket for a Commissioner to attend an event is fair as he too does a lot of things and is not reimbursed by the City. Commissioner Ganz agreed with Vice Mayor Preston, that he also attends as a Deerfield Beach representative without an entourage. Commissioner Miller also agreed that the Commission should not have to pay for events when they are representing the City and if their spouses attend, the Commissioners pay for them. Commissioner Ganz commented on a past practice; whereby, City Staff would play golf during work hours which was paid for by the City and how things have changed. Mayor Robb continued the meeting and moved onto Comments by Mayor and Commissioners. 13

14 ADMINISTRATIVE ACTIONS AND CITY MANAGER COMMENTS City Manager No report. City Attorney No report. City Clerk No report. COMMENTS BY MAYOR AND COMMISSIONERS DIGITAL TIME STAMP: 8:26:00 Mayor Jean M. Robb Records Request Mayor Robb said that when she makes a request for information in the City Clerk s Office, the information is shared with every Commissioner. She said that does not hold true for every department. Mayor Robb said she has been blindsided as she has not received information that other Commissioners research through other departments. She suggested that the City Manager amend the procedure in the City Clerk s Office and not require information to be disseminated to every Commissioner. Commissioner Ganz said that the City Clerk s Office has the same policy for each Commissioner. Mayor Robb also suggested that the City Manager have the secretaries that research information provides it to everyone. Lot Selection Mayor Robb said that at the last meeting, the Commission decided to bid the vacant lots and asked if any were selected. Keven Klopp, Assistant City Manager, replied no, but he has collected examples of solicitations for the development of affordable housing on City owned lots from other cities and has received a proposal from the Broward Alliance for Neighborhood Development to assist in implementing a workshop for the Commission on how to proceed with this solicitation. He advised that eight (8) parcels have been identified and is analyzing the other City owned properties for the workshop. In response to Mayor Robb s statement, Mr. Klopp said that the solicitation will not be based on five (5) lots, but there will be an analysis to determine how many lots and which lots are appropriate. Burgess Hanson, City Manager, said that Mr. Klopp has been working diligently on this and has also spoke with Habitat for Humanity. Mr. Klopp said that he has spoken with the Executive Director of Habitat, Mr. Eckton, who advised that he would rather participate in an open solicitation process to avoid the appearance of a negative implication that the lots were handed to the organization which is a similar response from approximately six (6) other interested organizations. Community Development Division - Mayor Robb said that in 2011, the City Manager privatized the Community Development Division because the City received a $395,000 penalty because said division failed to follow Federal regulations and HUD sought those funds from the City, for money misspent during the hurricane season. She asked if the bid process has been complete. 14

15 COMMENTS BY MAYOR AND COMMISSIONERS CONTINUED Mr. Hanson said that Staff is working to develop specs for the bid. He said after the last City Commission Meeting, he spoke with Armando Fauna, HUD, who thought the City was going in the right direction. He further advised that there was no need for a sudden policy shift away from current operations and commended the City on doing a good job. Mayor Robb said she would send Mr. Hanson an received from Mr. Fauna. Meeting Format Mayor Robb said that previously, anyone who wanted to speak about something that was not on the agenda could send a request to the City Clerk s Office. She said she would like to go back to allowing the public to speak at the beginning of the meeting on non agenda items and leave the meeting open to allow the public to speak during those items. Mayor Robb asked that the City Attorney explain the current requirement. Andrew Maurodis, City Attorney, said that the legislature passed a law indicating that the public has the right to be heard one (1) time at a meaningful occasion prior to the adoption of any action by the Commission on a substantive matter. The change would mean that the Commission is opening a public hearing on first and second reading; however, some distinctions should be considered. Mayor Robb said that the Commission talks about things, but the public is not able to rebut. Bid Procurement Burgess Hanson, City Manager, said that David Santucci, Purchasing Manager, will address the bid procurement; moreover, he said that the landscape maintenance contract went through the proper procurement. Mayor Robb asked that Mr. Santucci explain the process for the affordable housing bid and community development. Mr. Santucci said that in considering sourcing, which entails investigating possible options, vendors, and how to go about the procurement process; here is no set protocol and every situation has to be looked at individually. It is true that the City has an exemption in the procurement code, as most agencies have exemptions to contracting directly with government agencies or non-profits. Thereafter, he provided an example of what the procurement process entails. Andrew Maurodis, City Attorney, said that he has been advised that a Motion is needed on Item 13, to include the sound wall. GENERAL ITEMS CONTINUED ITEM: 13 DIGITAL TIME STAMP: 8:38:54 Request approval for the Deerfield Beach travel delegation to speak on behalf of the City Commission in support of funding for NE 3rd Avenue/SW 11th Way roadway improvement project, Sober Home Legislation, Funding for the Deerfield Beach Teen Center and any other items the City Commission would like for them to discuss with the Members of the Florida House of Representatives and Senate. 15

16 GENERAL ITEMS CONTINUED MOTION was made by Commissioner Bill Ganz and seconded by Vice Mayor Ben Preston to approve Item 13, allowing discussion on all topics listed above and to include the sound wall. Roll Call: YEAS: Commissioner Bill Ganz, Commissioner Joe Miller, Commissioner Richard Rosenzweig, Vice Mayor Ben Preston, and Mayor Jean Robb. NAYS: None. COMMENTS BY MAYOR AND COMMISSIONERS CONTINUED Commissioner Joseph Miller District 1 Meeting Commissioner Miller said that there will be a District 1 meeting on April 24 th at 6:30 pm, in the City Commission Chambers. Rent a Bike Commissioner Miller asked that Staff look into having rent a bike at the beach. Mayor Robb said she believes Island Water Sports offers that and wondered if it would interfere with their operations. Burgess Hanson, City Manager, replied that they do have some rentals as do other bike shops; notwithstanding, this is a Countywide initiative and was started by Broward County a couple of years ago. Commissioner Rosenzweig said he has been working on that. Dog Walking on Beach Pavers Commissioner Miller said that the signs that read No Dogs Allowed are fairly high and believes some people walking their dogs may be unaware of them. He asked if new signage is underway and if so, the timeline for them. Mayor Robb said that she has encountered problems with pet scooping and suggested larger signs to hinder this, but there must also be enforcement. Wayfinding Commissioner Miller asked for a status on the wayfinding program. Mr. Hanson said it was started by the Community Redevelopment Agency but took a back burner due to other large capital projects. The idea was to start it on the barrier island in the CRA area and expand into the rest of the City eventually. Beach Visitors Commissioner Miller said that there are many more beach visitors as the garage was completely filled and closed when he visited Sunday afternoon. Vice Mayor Preston - Illegal Dumping in District 2 Vice Mayor Preston said that he is starting to see an improvement in District 2 regarding illegal dumping. He thanked the Sanitation Division for their assistance and said that they have helped to address the issue. 16

17 COMMENTS BY MAYOR AND COMMISSIONERS CONTINUED Tallahassee Vice Mayor Preston said that he will be traveling tomorrow to Tallahassee and hopes that it will make a difference; to include bringing jobs back to the City. Commissioner Richard Rosenzweig District Meeting Commissioner Rosenzweig said there will be a District 3 meeting on March 27 th at the Century Village party room and the BSO Substation that afternoon. Sidewalks in District 3 Commissioner Rosenzweig said that he received a phone call concerning sidewalks in the Crystal Lake area and asked that the resident attend a meeting to discuss this matter. Lights outside the East Gate of the Century Village Commissioner Rosenzweig said that people complain about how dark it is around the east gate of Century Village and asked that Staff address the issue. Diseased Trees in Century Village Commissioner Rosenzweig said that the residents have been notified that approximately trees must be taken down because they have become diseased or are dying. Notwithstanding, he has spoken with Code Enforcement and they will be lenient on giving fines; as some of the residents are leaving and cannot take care of the trees. Last year, there was a program on Arbor Day whereby trees were given to the residents and he was hoping trees could be obtained from there. Broward MPO - Bike Safe Street Program Commissioner Rosenzweig said that Fort Lauderdale had a meeting on transportation and bikes were a big part of it. Tallahassee Visit Commissioner Rosenzweig said that he will be discussing sober houses with his representative; however, it is only a preliminary step. The Senate has been working on it and has recommendations and standards; but, they cannot be enforced because Federal ADA takes precedence. Nevertheless, he will ask his representative to rigorously communicate with the ADA as it affects cities throughout the State. Commissioner Bill Ganz - Condolences Commissioner Ganz said that former Fire Chief Chad Brocato s father passed over the weekend and offered his condolences. Light Synchronization Commissioner Ganz asked that Staff contact FDOT about light synchronization along Powerline Road and Hillsboro Boulevard as they were suppose to resolve an issue there, but does not think it was resolved. FDOT Projects/ Issues Commissioner Ganz said that an FDOT representative was present at the West Deerfield Community Alliance and advised that they will be doing resurfacing on Powerline Road. They also discussed other issues, such as the light at Deerfield Mall on Hillsboro Boulevard across from McDonalds; there are no left turn signals, but only two (2) green lights. The representative said that due to the proximity to Powerline Road, they would not be able to install a turn light; nevertheless, 17

18 COMMENTS BY MAYOR AND COMMISSIONERS CONTINUED Commissioner Ganz has asked that FDOT research the matter further as it is a dangerous intersection. Also requested was information concerning Avenue of the Lakes and Powerline as it is a very dark intersection. City Commission Format Commissioner Ganz said that at the January 28 th City Commission Meeting, he commented on being able to recognize when the public wishes to speak; however, clear guidelines must be established to avoid people shouting from the audience. He said that the City Attorney has also advised that the City Commission can reopen public discussion, even with the new format, but should be consistent. Mayor Robb suggested amending public to be heard and when people speak at the beginning, it is a non agenda item and leave the public hearings open for anything on the agenda as the State Statute indicates. Andrew Maurodis, City Attorney, asked if the Commission wishes to allow a public hearing on first reading. Mayor Robb said that on the first reading, the public advises the Commission on what they would like and then it is decided whether to pass it to second reading. Commissioner Ganz said that as the Commission discusses items and more information comes forward, the public standpoint may also change. Mr. Maurodis explained that Mayor Robb is recommending that public to be heard be limited to non agenda items and every item will be open to the public. Vice Mayor Preston asked if the public will be allowed to speak beyond the four (4) minutes. Mayor Robb replied no. In response to Commissioner Miller s question, Mr. Maurodis explained that all items will be open to the public, but the Consent Agenda can still be done in concert and the public will speak before the Commission. He said he will prepare a resolution and bring back to the Commission at the next meeting. Workshop for City Owned Properties Commissioner Ganz asked that the Commission consider a date for a workshop and allow the public to provide input on the City owned properties. Commissioner Ganz said that the workshop will entail a presentation of what properties are available, the pros and cons on them, allow public input, and based on feedback, when the property is transferred, the person in the vicinity has to be notified. Mr. Maurodis asked if the purpose of the workshop is to make determination on which lots are chosen and then direct staff to take action. 18

19 COMMENTS BY MAYOR AND COMMISSIONERS CONTINUED Mayor Robb replied that it is to notify the stakeholders. She further stated that a workshop is needed, but because of Passover in April, it should not be postponed until May. Also, a decision has to be made on the Green Market. Mr. Hanson said that the Green Market is a separate issue; nevertheless, there is no funding budget this fiscal year to install a parking system or anything else. The workshop would be a part of looking at the future as funds were budgeted for the beach area, but not the Cove. Commissioner Ganz said although a date has not been set for the workshop, he would like to be proactive and move things along; however, the Commission did not take an official vote on whether to go out to bid or contract with one entity. Mr. Maurodis said that the workshop would entail the process, what criteria, and implementing the process determined; getting the developers involved via an RFP/RFQ, type of notice, etc. Commissioner Ganz said he does not have a problem with Mr. Maurodis suggestion, and if the Commission chooses to wait until May, that is fine. Mayor Robb said the process provided by Mr. Maurodis could be undertaken at a meeting and once the process is in place, then a workshop is held for the public outlining the Commission s plans. Mr. Hanson said that this parking lot is going to be very complicated as there are many parties involved. Mayor Robb said that nothing will be done until the next budget. Continuing, Mr. Hanson said there would be enforcement issues, as well as consideration to hire additional parking enforcement officers, the use of a Cale parking system or valet parking. He said that he would prefer to go through the process and try to work with as many people as possible to get it resolved without a lot of controversy. Mayor Robb said that once the City is in the budget process, then funds can be allocated properly. There was a lengthy discussion that the Cove Parking Lot should not remain status quo, but the parking lot issues should be addressed due to costs of maintaining the lot. Mr. Hanson said that this is not about the cost of the parking lot or revenue, but to address concerns that the business and property owners have, as well as preparing for the future restaurant and losing the vacant parking area. He said he can reach out to the Cove Retailer s Association and others not involved with the Association. 19

20 COMMENTS BY MAYOR AND COMMISSIONERS CONTINUED MOTION was made by Commissioner Bill Ganz and seconded by Commissioner Richard Rosenzweig to direct the City Manager to move forward with meeting with the Cove Retailer s Association to discuss options for the Cove Shopping Center. Roll Call: YEAS: Commissioner Bill Ganz, Commissioner Joe Miller, Commissioner Richard Rosenzweig, Vice Mayor Ben Preston, and Mayor Jean Robb. NAYS: None. Landscaping Contract Commissioner Ganz asked that Burgess Hanson, City Manager, comment on Mr. Joe Hines s comments regarding illegal aliens/undocumented workers concerning the landscape contract. Mr. Hanson said that Complete Property Services voluntarily go through the e-verify process, a Level 1 Background of not only this contractor, but any contractor that will work in the City; therefore, there are no issues there. Additionally, he said that there were lawsuits; whereby, one has already been settled for $1,800 and another is in mediation concerning employees with a lunch break. Mr. Hanson said that the City does research all the court systems and perform reference checks. Lastly, he said that the City Attorney reviews the contracts thoroughly to make sure they are within the Code and State Statute. Commissioner Ganz asked if there is anything regarding illegal aliens. Mr. Hanson replied no. ADJOURNMENT There being no further business, the meeting adjourned at 9:13 PM ATTEST: JEAN M. ROBB, MAYOR Ada Graham-Johnson, MMC, City Clerk 20