CITY OF DEERFIELD BEACH REGULAR CITY COMMISSION MEETING MINUTES Tuesday, August 17, 2010 at 7:00 PM

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1 CITY OF DEERFIELD BEACH REGULAR CITY COMMISSION MEETING MINUTES Tuesday, August 17, 2010 at 7:00 PM The meeting was called to order by Mayor Noland at 7:00 p.m. on the above date in the City Commission Chambers, City Hall. CALL TO ORDER AND ROLL CALL Present: Also Present: Absent: Commissioner Bill Ganz Commissioner Sylvia Poitier Commissioner Marty Popelsky Vice Mayor Joseph Miller Mayor Peggy Noland Burgess Hanson, Interim City Manager Andrew Maurodis, City Attorney Ada Graham-Johnson, MMC, City Clerk None INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was offered by Bishop Anthony Pelt, Radiant Living Worship Center, followed by the Pledge of Allegiance. APPROVAL OF THE MINUTES Regular City Commission Meeting Minutes - August 3, 2010 Motion was made by Vice Mayor Joseph Miller and seconded by Commissioner Sylvia Poitier to approve the Regular City Commission Meeting Minutes of August 3, Voice Vote: YEAS: Commissioner Bill Ganz, Commissioner Sylvia Poitier, Commissioner Marty Popelsky, Vice Mayor Joseph Miller, and Mayor Peggy Noland. NAYS: None. 1

2 ACKNOWLEDGEMENT OF BOARD MINUTES Code Enforcement Special Master Meeting Minutes - July 12, 2010 Motion was made by Vice Mayor Joseph Miller and seconded by Commissioner Bill Ganz to acknowledge the Code Enforcement Special Master Meeting Minutes of July 12, Voice Vote: YEAS: Commissioner Bill Ganz, Commissioner Sylvia Poitier, Commissioner Marty Popelsky, Vice Mayor Joseph Miller, and Mayor Peggy Noland. NAYS: None. APPROVAL OF THE AGENDA August 17, 2010 Mayor Noland said that the Island, (Item 10, Application 10-S-16 and Case No. 2237, Deerfield Island Park, Broward County Parks and Recreation Division) will be pulled because Broward County Commissioner Kristen Jacobs and Mayor Keechl is not familiar with this project. She explained that Commissioner Ganz contacted them as well as Burgess Hanson, Interim City Manager, and they have asked that this item be tabled. Commissioner Popelsky asked that item 15 be discussed out of order. In response to Shelia Pascar, resident, Commissioner Ganz stated that Item 10, Island Park, will be tabled until September 7, He further explained that when he contacted County Commissioner Jacobs and Mayor Keechl regarding this project they were not familiar with the project; therefore, they asked that it be tabled. Motion was made by Commissioner Bill Ganz and seconded by Commissioner Marty Popelsky to approve the August 17, 2010 agenda; Item 15 is being discussed out of order and Item 10 will be tabled until September 7, Voice Vote: YEAS: Commissioner Bill Ganz, Commissioner Sylvia Poitier, Commissioner Marty Popelsky, Vice Mayor Joseph Miller, and Mayor Peggy Noland. NAYS: None. PRESENTATION Certificate of Appreciation presented by Gloria Battle to Mayor Noland/City Commission for the 2010 Census. Gloria Battle, 2010 Census, read and presented a plaque to Mayor Noland/City Commission for participating in the 2010 Census. She also presented a plaque to 2

3 PRESENTATION - CONTINUED Gerald Ferguson, Director of Planning and Growth Management/Building Department on behalf of Amanda Martinez, who was the City s liaison for the 2010 Census. She thanked Mayor Noland for the City s participation. Ms. Battle also reported that the City of Deerfield Beach had a 69% goal, which was a 2% increase over 2000, and keeping with the County and the Nation. Mr. Ferguson thanked Ms. Battle on Mrs. Martinez s behalf. He said that she enjoyed working with the Census. He also thanked the members of the Census Committee who assisted Mrs. Martinez in the City s efforts for the census count. CONSENT AGENDA The following items were pulled from the Consent Agenda for discussion; Items 1, 6, and 7. ITEM: 1 TAPE 1, COUNT 261 Resolution 2010/170 - A Resolution of the City Commission of the City of Deerfield Beach, Florida, approving an agreement for funding of School Resource Deputies with the Jim Moran Foundation. Item 1 was discussed out of order. ITEM: 2 TAPE 1, COUNT 239 Resolution 2010/171 - A Resolution of the City Commission of the City of Deerfield Beach, Florida, awarding a contract to Life Scan Wellness Centers to conduct physical examinations in accordance with the Firefighters and Battalion Chiefs Collective Bargaining Agreement. ITEM: 3 TAPE 1, COUNT 240 Resolution 2010/172 - A Resolution of the City Commission of the City of Deerfield Beach, Florida, approving an agreement with Broward County for Emergency and/or Supplemental Support Building Inspection Services. ITEM: 4 TAPE 1, COUNT 242 Resolution 2010/173 - A Resolution of the City Commission of the City of Deerfield Beach, Florida, approving a Regional Interlocal Agreement with the Broward County Sheriff s Office for Communications Technology. 3

4 CONSENT AGENDA - CONTINUED ITEM: 5 TAPE 1, COUNT 244 Resolution 2010/174 - A Resolution of the City Commission of the City of Deerfield Beach, Florida, approving a grant of a Non-Exclusive Easement to FPL Fibernet. ITEM: 6 TAPE 1, COUNT Resolution 2010/175 - A Resolution of the City Commission of the City of Deerfield Beach authorizing the proper City officials to approve the expenditure of Neighborhood Stabilization Program (NSP) Funds in an amount not to exceed $70,702.50, including a 10% contingency amount for approval of a contract for the rehabilitation of one (1) single family home located at 511 NE 7th Terrace, Deerfield Beach, Florida. Items 6 and 7 were discussed out of order. ITEM: 7 TAPE 1, COUNT Ordinance 2010/ - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH, FLORIDA, CREATING A NEW SECTION OF THE CITY CODE "VIBRATING COMPACTION OPERATIONS, LIMITATIONS", TO LIMIT THE USE OF DRIVER-OPERATED VIBRATING COMPACTORS THROUGHOUT THE CITY, TO REGULATE THE TIMES FOR USES OF SOIL COMPACTING EQUIPMENT AND PROVIDING FOR ENFORCEMENT; PROVIDING FOR SEVERABILITY, PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. ITEM: 8 TAPE 1, COUNT 248 Ordinance 2010/ - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH, FLORIDA, CREATING A NEW SECTION 5-80 PROVIDING FOR BACKGROUND SCREENING FOR VOLUNTEERS PARTICIPATING IN YOUTH SPORTS ORGANIZATIONS, SPONSORED OR FUNDED BY THE CITY OR UTILIZING CITY FACILITIES; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Tabled from August 3, 2010) The Resolutions were read by title only. There was no discussion on Consent Items 2-5 and 8. Motion was made by Vice Mayor Joseph Miller and seconded by Commissioner Bill Ganz to approve Consent Items 2-5 and 8. Roll Call: YEAS: Commissioner Bill Ganz, Commissioner Sylvia Poitier, Commissioner Marty Popelsky, Vice Mayor Joseph Miller, and Mayor Peggy Noland. NAYS: None. 4

5 CONSENT AGENDA - CONTINUED ITEM: 1 TAPE 1, COUNT 261 Resolution 2010/170 - A Resolution of the City Commission of the City of Deerfield Beach, Florida, approving an agreement for funding of School Resource Deputies with the Jim Moran Foundation. Mayor Noland stated that Melanie Burgess, representative from JM Family, is present and asked her to address the Commission. She further stated that JM Family has been hosting meetings for the community on Teen Violence; and they have learned that the violence starts in third grade. She thanked Ms. Burgess for their assistance. Ms. Burgess said that the Jim Moran Foundation and JM Family started the conversation about youth violence here in Deerfield Beach, the City in which they are headquartered and where Mr. Moran called home. She said that working with and listening to the community, they realized that there were effective programs that already exist that they could partner with that will give parents and children a tangible knowledge that they are working together to create safer neighborhoods. She said that they have worked with the City, the Broward Sheriff s Office, and Broward County School Board; which has been a wonderful partnership. She announced that they will fund three (3) school resource deputies, SRD, at the five (5) elementary schools here in the City of Deerfield Beach. In closing, Ms. Burgess said that this is more than about creating a level of security, but about building relationships with our children. She said that the SRD s are aware of what is going on in the community and can be the resource that they are. Mayor Noland said that Colin Brown CEO, JM Family is also present. Mr. Brown said that they are proud to be a part of the Deerfield community. He said that this is Jim Moran s Foundation sponsored collaboration. He said that they are proud to be able to fund most of the Jim Moran Foundation. Mayor Noland thanked them for their support. Motion was made by Commissioner Sylvia Poitier and seconded by Vice Mayor Joseph Miller to approve Item 1, adopting Resolution 2010/170. Roll Call: YEAS: Commissioner Bill Ganz, Commissioner Sylvia Poitier, Commissioner Marty Popelsky, Vice Mayor Joseph Miller, and Mayor Peggy Noland. NAYS: None. 5

6 CONSENT AGENDA - CONTINUED ITEM: 6 TAPE 1, COUNT 321 Resolution 2010/175 - A Resolution of the City Commission of the City of Deerfield Beach authorizing the proper City officials to approve the expenditure of Neighborhood Stabilization Program (NSP) Funds in an amount not to exceed $70,702.50, including a 10% contingency amount for approval of a contract for the rehabilitation of one (1) single family home located at 511 NE 7th Terrace, Deerfield Beach, Florida. Commissioner Ganz stated that Item 6 was tabled from last week, (should be two (2) weeks). He said that Commissioner Poitier had indicated that she would contact HUD by phone to see if we could adjust the schedule; therefore, he asked for the status on this matter. Commissioner Poitier said that Item 6 was not the item that she was going to call on. She said that she advised the City Manager earlier that she would not contact HUD anymore because she spoke with Peter Parkin, Community Development Manager, and he explained to her what the project consisted of on SW 3 rd Street. He further asked her to consider approving his long range plan on the NSP fund. She said that she is sure that they will be going through 2015; therefore, she withdrew her opposition and is ready to vote on this item tonight. Commissioner Ganz said that we tabled this for two (2) weeks which the deadline is September 2, He said that it is his opinion that when Congress set this up ; it was to fail, by giving unrealistic deadlines, and unrealistic thresholds that we had to meet; hoping that we would have to give some money back. Nevertheless, he said that he hopes that we do not continue to put up obstacles. There is a possibility that we may have to give some of the money back like most municipalities; however, he expressed concern regarding the Commission spending time at the last minute placing obstacles to further delay the process as was done. He said that at the last meeting, it was pretty much stated that there was going to be some guarantees that a phone call would allow us to extend or change our plan; clearly, that did not happen. Commissioner Ganz concluded that he hopes, in the future, that we do not have this happen again. Commissioner Poitier reiterated that after having spoken with the director, Mr. Parkin, she made a decision, as she had attended a meeting in Orlando, Florida, along with Gerald Ferguson, Director of Planning and Growth Management/Building Department and Mr. Parkin, and has the complete set of NSP funding requirements; and is aware of what he is doing. However, to allow Mr. Parkin to put something on his resume as to what he has accomplished here in the City of Deerfield Beach, she made a decision to give him a chance. She said that it only takes a vote to spend the money, and Mr. Parkin can spend it faster than we can get it; therefore, she does not see her suggestion as an obstacle. 6

7 CONSENT AGENDA - CONTINUED Motion was made by Vice Mayor Joseph Miller and seconded by Commissioner Sylvia Poitier to approve Item 6, adopting Resolution 2010/175. Roll Call: YEAS: Commissioner Bill Ganz, Commissioner Sylvia Poitier, Commissioner Marty Popelsky, Vice Mayor Joseph Miller, and Mayor Peggy Noland. NAYS: None. ITEM: 7 TAPE 1, COUNT 428 Ordinance 2010/ - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH, FLORIDA, CREATING A NEW SECTION OF THE CITY CODE "VIBRATING COMPACTION OPERATIONS, LIMITATIONS", TO LIMIT THE USE OF DRIVER-OPERATED VIBRATING COMPACTORS THROUGHOUT THE CITY, TO REGULATE THE TIMES FOR USES OF SOIL COMPACTING EQUIPMENT AND PROVIDING FOR ENFORCEMENT; PROVIDING FOR SEVERABILITY, PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. Commissioner Ganz said that some of the residents in Little Harbor had talked about the potential of putting a cap on this type of construction, taking place in the evening hours. He said currently, the City s ordinance allows construction until 7:00 p.m. He suggested amending the ordinance to address construction that abuts against residential neighborhoods to shortening the hours, so they will not have to deal with construction after they get home from work. He asked if the commission would like to further pursue this issue. Otherwise, he would accept Item 7. Commissioner Popelsky asked if we have a noise ordinance. Gerald Ferguson, Director of Planning and Growth Management/Building Department, replied yes, there is a noise ordinance; however, it is not a part of the zoning; therefore, he is not familiar with it. Andrew Maurodis, City Attorney, stated that the ordinance limits the hours for heavy equipment operations to 7:00 p.m. Commissioner Ganz said that for construction that abuts residential, he would like to consider shortening the hours. He said that it may be a problem and hinder progress, which he does not wish to do, but would like to address this at this time as it was brought to the Commission s attention by the residents. Burgess Hanson, Interim City Manager, asked if this is for any construction or compaction. 7

8 CONSENT AGENDA - CONTINUED Commissioner Ganz replied that the compaction would be covered with this; but this is talking about any construction. However, he does not want to approve or disapprove at this time, but asked that staff explore it and get the Commission s input on this matter. Vice Mayor Miller said that the origin of this ordinance was to address the concerns of the residents abutting the new Walgreens. He said that Commissioner Ganz s time is sort of a separate issue; however, if this is approved, it could avoid possible damage to homes and buildings. Therefore, he recommended that Item 7 be approved. Motion was made by Commissioner Bill Ganz and seconded by Vice Mayor Joseph Miller to approve the ordinance first reading. Roll Call: YEAS: Commissioner Bill Ganz, Commissioner Sylvia Poitier, Commissioner Marty Popelsky, Vice Mayor Joseph Miller, and Mayor Peggy Noland. NAYS: None. GENERAL ITEMS As requested by Commissioner Popelsky, Mayor Noland recommended that Item 15 be discussed out of order. ITEM: 15 TAPE 1, COUNT 518 Discussion regarding the City Manager s employment with the City of Deerfield Beach. (Requested by Commissioner Marty Popelsky) (Tabled from August 3, 2010) Commissioner Popelsky said that two (2) meetings ago he had requested the possibility of eliminating or deleting the word interim with the city manager. He said that he believes that the City Manager should be called the City Manager at this point and given a contract. He suggested that the City Attorney draft a contract and place on the next agenda. He requested the support from the Commission to give Burgess Hanson, the official title as City Manager. Motion was made by Commissioner Marty Popelsky and seconded by Vice Mayor Joseph Miller to authorize the City Attorney to draft a contract and resolution appointing Burgess Hanson as City Manager with contract and terms and place on the September 7, 2010 agenda. Roll Call: YEAS: Commissioner Bill Ganz, Commissioner Sylvia Poitier, Commissioner Marty Popelsky, Vice Mayor Joseph Miller, and Mayor Peggy Noland. NAYS: None Mr. Hanson thanked the Commission for their support. 8

9 PUBLIC HEARINGS - 2ND READING ITEM: 9 TAPE 1, COUNT 558 Ordinance 2010/019 - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH, FLORIDA, PROVIDING FOR METERED AND STICKERED PARKING FOR WATERCRAFT AND WATERCRAFT TRAILERS AT PIONEER PARK, PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The Ordinance was read by title only. The public hearing was opened. There was no one to speak on this matter. Mayor Noland closed the public hearing. Continuing, Mayor Noland said that she was at Pioneer Park on yesterday and they were parked all over the grass. The proposed ordinance will clean up our park as it is long overdue. She said that we are the only free game in town for boat trailers and watercrafts. She said that all the neighboring cities charge; and the only way we can charge is through the meters or stickers. Motion was made by Commissioner Bill Ganz and seconded by Vice Mayor Joseph Miller to approve Item 9, adopting Ordinance 2010/019. Roll Call: YEAS: Commissioner Bill Ganz, Commissioner Sylvia Poitier, Commissioner Marty Popelsky, Vice Mayor Joseph Miller, and Mayor Peggy Noland. NAYS: None. QUASI-JUDICIAL PUBLIC HEARINGS ITEM: 10 TAPE 1, COUNT P.H : APPLICATION 10-S-16 AND CASE NO Applicant: BROWARD COUNTY PARKS AND RECREATION DIVISION, by Martin Gross Proposal: Site plan approval to construct 263 lineal feet of dock; AND seeking a VARIANCE from the provisions of Section (a) (1) of the Deerfield Beach Land Development Code in order to allow a portion of the dock to be located 18 feet from the mean high water line within the Hillsboro Canal and 78 feet from the mean high water line in the Intracoastal Waterway. The Code permits docks to be located a maximum of 8 feet from the mean high water line in the Hillsboro Canal and a maximum of 20 feet from the mean high water line in the Intracoastal Waterway. Location: A acre parcel described as Government Lots 2 and 3, more particularly described in the file, located at 1700 Deerfield Island Park. Item 10 was tabled under approval of the agenda. 9

10 QUASI-JUDICIAL PUBLIC HEARINGS - CONTINUED ITEM: 11 TAPE 1, COUNT 582 P.H : PLAT NOTE AMENDMENT - LEDDS ENTERPRISES II PLAT Applicant: PRIME REALTY CAPITAL, LLC, by Darryl Lee Proposal: Request to amend the restrictive note on the Ledds Enterprises II plat to allow an additional 25,000 square feet of building area. Location: The property is located at 1750 S.W. 43rd Terrace. Andrew Maurodis, City Attorney, administered the oath to all individuals who wished to speak on this item, to include staff. Ada Graham-Johnson, City Clerk, announced that pursuant to Ordinance 2009/006, Section 9 of the Code of Ethics, campaign contributions were given to Marty Popelsky, during 2009 Election cycle. In response to Mr. Maurodis, Philip Medico, applicant, said that he would waive the quasi-judicial proceedings. Mr. Medico stated that he is vice-president of Southern Waste Systems and Sun Recycling. Prime Realty is the applicant; and this item was previously approved. He asked that Gerald Ferguson, Director of Planning and Growth Management/Building Department, give the background as set forth with detail and specificity in the notice that was sent out by the City staff. He said that the facility is approximately 3.6 acres and approved for construction and demolition debris, as well as a solid waste transfer station. He outlined the location of the facility which is north of Wiles Road. Continuing, Mr. Medico said that this facility was originally approved by staff, allowing for a building of approximately 40,000 square feet. The site is under the County zoning designation as M4-C; which allows the maximum building coverage of 35%. He said that 35% of the building coverage would allow a 54,124 square foot building area on the site. Their approved site plan that was previously approved by staff includes 40,033 square feet of building area, or about 26% of the building coverage; which is 9% less than the maximum allowed. The current available building square footage is 19,654 square feet, which his building s coverage of about 13% slightly more than 1/3 of the building area allowed by Code. They are seeking an additional 25,000 square feet to be added to the plat; and their approved site plan would utilize 20,434 square feet of this additional building area. The entire industry park is comprised of approximately 29.6 acres. The proposed maximum building area in the entire plat is proposed to be expanded from 320,000 feet to 345,000 square feet; which is approximately 27% of the Code allowed in the building area. Any future applicant will have the ability to use the remaining square footage or procure additional building area while meeting these requirements of the M4-C for zoning district. 10

11 QUASI-JUDICIAL PUBLIC HEARINGS - CONTINUED Additionally, Mr. Medico said that they have looked at the standard site, Institute of Traffic Engineers and Generation for Industrial Uses; which is approximately 6.97 trips per thousand square feet of building area. Therefore, a 40,000 square foot industrial building will generate approximately 280 trips per day. He further stated that they anticipate that their facility would employ approximately 30 workers. There will be approximately 75 trips per day, which is about 50 in bound and 25 out bound. The daily trips will be about 135; this equates to about 19,400 square feet of the building area, housing the industrial use standard site traffic generation standards. He further stated that they will generate less than 50% of the amount of trips, currently generated by standard industrial designation percentage of the outgoing trips; therefore, the length will effectively reduce the trips. Moreover, Mr. Medico said that he has met with Carl Peter, Director of Public Works and Chad Grecsek, Assistant to the Public Works Director, and explained to them that this will be a state of the art facility, and the operation thereof. He further stated that they are the contractor for the City, and the City s bulk trucks would use this transfer station to drop the curbside residential bulk on an open floor; as opposed to driving down to Pompano Beach for processing of the construction, bulk material; which comprises of a substantial portion of the material that will be generated. Mr. Medico further stated that at the request of Commissioner Ganz and Mr. Hanson on February 1 st, he attended the Independence Bay and the Waterways Homeowners Association meeting and disclosed the type of facility that they would design and build. This facility, as their other facility, will be a state of the art and will have dual walls; line insulation and will cover dust, mud, litter control and any noise. The hours of operation will be between 6:00 and 5:00 p.m. He said that this will require the County s approval; therefore, he respectfully requested the City Commission s approval. Further, this facility will serve future solid waste disposal needs, not only for the City of Deerfield Beach, but for all of Broward County, in the event that there is a need to do so. Mr. Medico stated that this will not violate any of the terms of the existing memorandum of understanding that was entered into by this Commission and approximately 26 governmental entities that is engaged in a completion of an Interlocal Agreement and a service agreement with the deadline of December 31 st. This facility will complement that process and not interfere. Notwithstanding, Mr. Medico said in the interim basis, while they are going to the County, as part of their contract, they were awarded the prices for the processing of hurricane debris. However, in meeting with staff, they determined that their prices were lower than Phillips and Jordon for processing, not collection. Consequently, this site along with their Sun 7 Facility, which is located at 1850, in the Independent Bay area, west of United Rentals, has served to assist the City in its hurricane post disaster debris effort. In the interim basis, the containers will be removed and the area has been designated by the County as a hurricane debris staging area. They will have spotting towers in the event that their Sun 7 Facility and Sun 2 could not handle the volume, they 11

12 QUASI-JUDICIAL PUBLIC HEARINGS - CONTINUED would stock pile the volume and transfer it to their processing facility in Pompano Beach. He further stated that Scott Benowitz, Sun Recycling Planning Department, is present to entertain questions by the Commission. Mayor Noland opened the public hearing; there were none to speak. Thereafter, she closed the public hearing. Vice Mayor Miller requested clarification if Mr. Medico indicated that half as many would be leaving as coming in. Mr. Medico said that there are small trucks coming in that will drop the material on the floor, loose, and there will be 20 yard containers, or 28 yard trucks, that will have 100 yard outbound trailers. He said that is the efficiency of scale and minimizes the City and their vehicle windshield time. Additionally, they are keeping the project facility in the City and thus creating jobs. As a general rule, they would like to draw from the employment pool from the City of Deerfield Beach. Commissioner Ganz said that at the February 1 st meeting, the Independence Bay residents inquired about the hours of operation and suggested work commencing at 7:00 a.m.; he asked if that is possible. Mr. Medico said that they will consider that request in the application process. This is a plat amendment and must also be approved by the County Commission. He further stated that as neighbors to those residents, they would like to be good neighbors. He said that they also have a facility in Lantana and the operation hours are 7:00 a.m. to 6:00 p.m. If said time will accommodate those citizens, they will comply, and stated that they do not want to disturb anyone s quiet, peace, and enjoyment. Notwithstanding, this will not be an outdoor facility, but with dual walls, and state of the art sound insulation. Commissioner Ganz said that 9% of the maximum is being requested than when the plat was originally submitted. The decision was made at that time to go 9% less, and they only paid impact fees for what was requested. He said that the plat agreement goes for not only what has been built there, what is planned to be built, and what was platted at the time. Therefore, he asked if it is possible that Sun Recycling purchase some of the other lots, and uncleaned portions that is already plotted; as opposed to granting this extension. Mr. Medico said that they explored that possibility prior to and it did not serve to be a fruitful process. He said that a lot of the land owners are holding on, but they did explore it as an alternative, but it was not available to them. Commissioner Ganz commented that this site is considered to be a possible hurricane staging area. 12

13 QUASI-JUDICIAL PUBLIC HEARINGS - CONTINUED Mr. Medico clarified that the subject area is already designated as an interim emergency debris staging area, based on demonstration of need. He said that the County has designated this and most of their sites in the County. Commissioner Ganz asked if the designation was in place at the February 1 st meeting. Mr. Medico replied he does not believe so. He said that a Beck Disaster has done a comprehensive study designating their sites. This site, the Mancini Property, and their Sun 7 facility was used in Hurricane Wilma to the maximum extent because there was such an inordinate amount of debris. He emphasized that it is a contingency site, as the primary site, Sun Site #7, is the recipient for the vegetative material and the horticultural debris, the co-mingled debris will go to Sun site #2, in Pompano Beach. Based upon the generations, if hit with a category 2, 3, or 4, every one of these sites will become invaluable to the recovery of Deerfield Beach and the neighboring cities. In response to Commissioner Ganz s question, Mr. Medico replied that this site will have vegetative material, co-mingled C&D; and stumps in excess of 24 inches will go to Sun 7. They also have another site in Pompano, behind the Festival Flea Market, that consists of approximately 7 acres; this site is approximately 4 acres. However, depending on the extent of the storm, and need, they will make a decision with the City where they think the best place is, in the event that they need to stock pile this debris. Obviously, they would like to continue to process it on a regular basis without opening the temporary sites. Commissioner Ganz asked if that still will be done indoors, or outdoors. Mr. Medico said that the building is not built because it is a plat amendment; there is no building so it would be outdoors. Commissioner Ganz said that this is a contingency location and it will be outdoors, and expressed concerns as it is totally different than what was discussed with the residents at Independence Bay. As they had voiced some concerns, and Mr. Medico made a presentation of the type of facility it is; however, as for the facility that he has presented, this is a plat amendment and some of the questions were answered. Furthermore, there are some citizens concerns and there will be more knowing now that this is a potential contingency site for emergency hurricane debris and is directly across the lake from the residents. He said that residents are not aware of this matter considering that he was made aware of it tonight. He further stated that because of the zoning of this particular area, the City does not have much jurisdiction, as much of it is done on the County level. Mr. Medico said that he wanted to provide full and complete disclosure of what the status of the site is now, what the interim potential use may be, and what the future long term goals of the site is. 13

14 QUASI-JUDICIAL PUBLIC HEARINGS - CONTINUED Commissioner Ganz asked if by granting this plat amendment, would it be approving this as a contingency site, or giving them extra space. Mr. Maurodis said that the sole purpose of this plat amendment is to indicate that presently, there is permitted 320,000 square feet; and you are allowing more building. He said that whatever the permitted uses are now, are the permitted uses. He said that we do not specify usage area. Mr. Ferguson replied that is correct, not at this point. Commissioner Ganz expressed frustration that we are finding out tonight, as he is not certain when this site was designated, but at the February 1 st meeting, they agreed that the public should be notified as to what happens. He said he is not certain why they were not noticed prior to this. Mayor Noland said that during Hurricane Wilma, that area was used by the County for debris drop off. Mr. Medico stated yes, but not specifically the subject property, but the Mancini track. In response to Commissioner Ganz s question, Mayor Noland replied that it was along the lake. Mr. Medico showed where the property was. He explained that they have a site that runs along the lake; located west of United Rentals, the Sun 7 site, the recipient facility, is on Independence Bay. Mayor Noland said that the Mancini property along the lake was used and the County gave them an emergency debris removal site permit. A brief discussion was held regarding how the decision was made in the past to use the referenced sites. Additionally, Mr. Medico assured the Commission that this was a small site; although they will probably use the seven (7) acre site behind the Festival Flea Market, because it is bigger and closer to Sun 2, and was used in the past. Nonetheless, Mr. Medico said that he wanted to make a full and complete disclosure about what the interim use may be, because it is a permissible use by right. In the event of a disaster, it should be known that this site would be used. In closing, Mr. Medico said that the objective is to build a building there, and wants to use it only in the event of an emergency; which is activated by the County through special permits. He said that they do not have complete unilateral authority to make 14

15 QUASI-JUDICIAL PUBLIC HEARINGS - CONTINUED that decision, but it must be the consent of the City and the County; with appropriate environmental controls. Commissioner Poitier requested clarification regarding bulk and vegetation. She asked if the City s bulk will be put in this building. Mr. Medico explained that currently, the City s bulk is picked up on curbside residential material; however, in the event that the County approves this, when this facility is constructed and in operation, they will have the City s material go to this location instead of the Pompano Beach location, on 16 th Street, west of Powerline Road. This will decrease the City s operation in maintenance and time for dumping and return to get back to the streets; thus, improving the efficiency of the City s operation. They are administrating that contact and they are honored to have the City s business. He said that this is a part of their built out strategy. Vice Mayor Miller said that Mr. Medico indicated that there would be approximately 30 new employees in Deerfield Beach. He suggested considering those that were laid off. Mr. Medico said that they will give them priority as they understand the tough economic times that they are all going through. He commented that they had 600 employees and were reduced to 400+, as it is a painful process. Motion was made by Commissioner Sylvia Poitier and seconded by Vice Mayor Joseph Miller to adopt Resolution 2010/176. Voice Vote: YEAS: Commissioner Bill Ganz, Commissioner Sylvia Poitier, Commissioner Marty Popelsky, Vice Mayor Joseph Miller, and Mayor Peggy Noland. NAYS: None. GENERAL ITEMS ITEM: 12 TAPE 1, COUNT 1275 Resolution 2010/177 - A Resolution appointing/reappointing a regular member(s) to the Community Appearance Board of the City of Deerfield Beach, Florida. The Resolution was read by title only. In response to Mayor Noland s question, Commissioner Ganz said that Harry Belton did reply; that is good. Motion was made by Commissioner Bill Ganz and seconded by Commissioner Marty Popelsky to adopt Resolution 2010/

16 GENERAL ITEMS - CONTINUED Roll Call: YEAS: Commissioner Bill Ganz, Commissioner Sylvia Poitier, Commissioner Marty Popelsky, Vice Mayor Joseph Miller, and Mayor Peggy Noland. NAYS: None. ITEM: 13 TAPE 1, COUNT 1287 Resolution 2010/178 - A Resolution of the City Commission of the City of Deerfield Beach authorizing the proper City officials to approve the expenditure of Neighborhood Stabilization Program (NSP) funds in an amount not to exceed $140,000 for approval of a contract for the construction of one (1) single family home to be constructed on the vacant and abandoned property located at 249 SW 3rd Street, Deerfield Beach, Florida. (Tabled from August 3, 2010) The Resolution was read by title only. Commissioner Poitier recommended approving Item 13 based on her earlier clarification of her vote. Motion was made by Commissioner Sylvia Poitier and seconded by Vice Mayor Joseph Miller to adopt Resolution 2010/178. Roll Call: YEAS: Commissioner Bill Ganz, Commissioner Sylvia Poitier, Commissioner Marty Popelsky, Vice Mayor Joseph Miller, and Mayor Peggy Noland. NAYS: None. ITEM: 14 TAPE 1, COUNT 1299 Discussion regarding levying a municipal public service tax on the purchase of electricity, metered natural gas, liquefied petroleum gas, manufactured gas, fuel oil, and water service. (Tabled from August 3, 2010) Burgess Hanson, Interim City Manager, said that the City s proposed budget, general fund, and enterprise fund, are all balanced. He said that tonight s discussion about the public service tax is simply discussion to determine whether the Commission wishes to continue exploring whether they want to have public service tax or not. He said that it has no bearing on the budget. Continuing, Mr. Hanson said that during the public budget work sessions and other meetings, it was brought to the Administration and staff s attention that the Commission wished to explore other options than just increasing the millage rate and having that burden on the property owners, both residential and business. This discussion would clarify what the public service tax is, why it was created by the State Legislature and what it can be used for. It can be used to offset and lower the City s millage rate. It can also be used to fund capital improvement projects, i.e. parks, community facility, fire station. This would also enable us to stabilize and build the City s undesignated fund balance. This current fiscal year, it is projected that about $9 million will be expended; 16

17 GENERAL ITEMS - CONTINUED thanks to the efforts of the department directors and staff, they were able to spare $6 - $7 million of that amount. Instead of ending up with only $9 million in the undesignated fund balance, it will be closer to $12 million. Additionally, Mr. Hanson suggested that the Commission consider that this tax is because the assessed property values in Broward County continue to decline; however, a majority of the City s budget is based on the property tax. He said that not only will we be able to lower it, but it will not impact the City in the long run with solely relying on property owners to keep buying for services. This is a consumption based users tax and it also impacts non-owner occupied houses and renters; which the fire assessment fee and the millage rate does not impact them, but they do impact our services. He said that this is the first of presentations if the Commission wishes to move forward with this. Hugh Dunkley, Finance Director, stated that the municipal public service tax is commonly referred to as the utility tax. The major revenue sources in the City s budget is the ad valorem tax, the public service tax, which is what we are discussing this evening, the special assessment, fire assessment, the franchise fees, the communication services tax, the state share revenue, which is the half-cent sales tax; the state revenue sharing which are sales tax monies that are redistributed to local entities based upon populations. Continuing, Mr. Dunkley said that municipalities must consider how to raise sufficient revenues to pay for the services in an equitable manner. The Florida Constitution grants municipalities certain rights to levy certain taxes; which is most notably the property tax. However, there is a caveat in the Florida Statute that states no municipal charter may prohibit or limit the authority of the governing body, which is the City Commission, to levy ad valorem taxes, or utility service taxes as authorized. Originally, the Administration thought that through referendum it was not permissible. However, during research, they discovered that the City and other cities levied the municipal service tax as a major revenue source to have a variable revenue base, which will enable them not to depend too heavily on the property tax. He reiterated that the intent of state and local government taxation is for the municipality not to rely too heavily on one revenue source Moreover, Mr. Dunkley said that they did a brief survey of the Broward County cities that levy the utility tax, and it was found that only three (3) entities do not levy the utility tax: Hillsboro Beach, which has a population of 2,200; Lazy Lake, has 39 citizens, and Sea Ranch Lakes has 700 residents. The City of Deerfield Beach is the only municipality of its size, 72,216 residents, in Broward County that does not levy the municipal public service tax. He said that from the neighboring cities, they found that some of the major revenue sources are ad valorem taxes, franchise fees, charges for services, intergovernmental revenue, and the communication services tax; these top five (5) revenue sources comprise approximately 60% to 72% of the total revenue base of most municipalities. 17

18 GENERAL ITEMS - CONTINUED Nonetheless, Mr. Dunkley said that in most entities, specifically Pompano Beach, the utility tax comprises 8% of their total revenue base. Coconut Creek is slightly smaller in their total general fund revenue, but their utility tax comprises 14% of their general fund revenue base. He said that the ad valorem tax that is collected by Coral Springs only amounts to $31 million, but the City of Deerfield Beach is slightly higher, but they account for some of their users fees and charges, as well as their taxes, in what is termed fire funds. The $91 million total in general funds amounts to a 10% total; of which the utility tax comprises. Notwithstanding, Mr. Dunkley said that the City of Deerfield Beach does not have a utility tax; therefore, it essentially shifts the burden onto the property tax payers which was never the intent of state and local government taxation, but to spread the cost of providing the services to all of the individuals, tax payers, and owner occupied residencies. He provided examples and said that one aim of the utility tax is to make the City s revenue base more variable as well as more equitable. He showed a comparison chart of entities of similar size in population that collect utility tax; but yet, the City does not provide the same services, i.e. public safety, fire and police, as the citizens expect a level of service which the City intends to provide. Mr. Dunkley briefly outlined what is taxable on the public service tax. He said that tax is taxed on the purchase or consumption of electricity, fuel, oil, kerosene, bottled and metered gas. The major source of utility tax is derived from electric utility tax and the water utility tax. Given that fact, they requested an analysis from FPL from August 2009 to current, and based on the total franchise payments and consumption, kilowatt hours; based on the total consumption pattern of the city; the estimated utility taxes is about $5.1 million for the City. They also looked at the utility tax and did an analysis by the users, customer class; residential, commercial, and estimated that the typical potential residential customer will pay about $80 a year; the industry will pay about $114,000. Mr. Dunkley also showed a slide of the yearly utility tax rate by municipalities and other comparison slides to include a sample FP&L bill and what the bill would be. He further stated that the state statue limits the amount that municipalities can charge customers. They can only be charged the increase in the fuel change from 1973; therefore, the fuel charge equals about 20%. The fuel charge would be taxed 20% for the utility tax. Continuing, Mr. Dunkley said that this tax was not deliberated by the state legislature recently, but was introduced into legislation in June, The first municipality to impose the tax was in In Broward County, some of the municipalities have imposed this tax as far back as He said that the City is behind in terms of whether this tax should be brought into the revenue base. He said that this will be at the discretion of the Commission. Commissioner Poitier asked when the City imposed the public service tax before, was it done by referendum. 18

19 GENERAL ITEMS - CONTINUED Mr. Maurodis said that it was imposed without a referendum and repealed by referendum. Commissioner Poitier asked if it would require a referendum to re-impose it. Mr. Maurodis said that as a result of the State Statute, he does not believe that we would have to have another referendum. He said that Commissioner Poitier is probably referring to the provision in the City s Charter that refers to when an action is done by referendum the repeal of that can only be done by another referendum. That would imply that because the utility tax was repealed by referendum, that we can only impose it by another referendum. However, the Statute provides that no provision of a charter, which prohibits or limits the ability of a governing body to impose the utility tax is valid. He further stated that the State Statute states that no municipal charter may prohibit or limit the authority of the governing body to levy ad valorem taxes or utility taxes. Therefore, his belief is that we could. He said that a representative from the Florida League of Cities was here and had the same opinion. Commissioner Poitier requested clarification regarding renters paying taxes. Mr. Dunkley said that they receive services, but the aim of the utility taxes is to spread a broader net. He said that they will pay for some of the services that they receive through utility tax. Commissioner Poitier said that the owners pay all fees and assessments, along with ad valorem and pass it onto the renters. Mr. Dunkley provided a comparison, and said that the utility tax would allow the City to lower the millage rate and create some equity since the owner of the property is not there on the premises receiving the services. Therefore, it enables the City to lower the millage rate; he continued to explain the type of services that the tenants receive, and how this would create some equity. Commissioner Poitier asked if we impose a utility tax, is it the same as ad valorem and is deductible for IRS taxes. Mr. Dunkley said that it is not a deductible. Commissioner Poitier said that if ad valorem is deductible, she suggested increasing it as it is deductible. A brief discussion pursued regarding what taxes are deductible. Mayor Noland left the meeting temporarily at 8:20 p.m. 19

20 GENERAL ITEMS - CONTINUED Commissioner Poitier continued posing questions to Mr. Dunkley regarding a tax increase as opposed to a utility tax. Mr. Dunkley continued trying to explained to Commissioner Poitier how to. Mayor Noland reentered the meeting at 8:23 p.m. Mayor Noland said that the reason this was brought to the Commission s attention is because the burden has been on the taxpayers for the last 75 years in the City of Deerfield Beach. Therefore, we are looking at ways to spread out the users fees by taxation. Whereby, the people who own homes continue to pay their taxes and the property values are going down; however, everyone wants facilities to be upgraded and want new parks, as such, we have to maintain our infrastructure. She said that this is another way that everyone that lives in the City of Deerfield Beach is taxed, as we are the only city of this size that does not impose said tax. She said that the renters use our services, but it is the homeowners that are carrying the burden of supplying these services. She commented on the western district in the city needing lights at the parks and that Pioneer Park recreation center needs rebuilding. The facilities are lacking due to the shortage of funds and we cannot keep charging single family homeowners. She assured everyone that prior to the Commission taking action, a public hearing will be held. She also commented that people are going to move to Coral Springs, Coconut Creek and other cities because their ball fields are state of the art, as well as their facilities, which is due to the utility tax that helps offset cost. Mr. Hanson said that the utility tax is not only about improving the infrastructure; parks, etc, but more so about not having all of our eggs in one basket, i.e. ad valorem; and to start to lower the millage rate. He said that the proposed millage rate has increased; however, it is to the rollback rate. Nevertheless, we would like to be competitive with other cities and lower the millage rate and to spread the net so that everyone is paying their share of fees; so that the burden is not carried by homeowners and business. He further reiterated that the budget is balanced but not based on this tax. Commissioner Ganz commended Mr. Dunkley and Mr. Hanson for an outstanding job. In the past, they were told that this was not possible; as it was a lack of effort by the previous Administration to follow through. Additionally, Commissioner Ganz stated that initially, he was against this as a tax, but having had extensive conversations with Mr. Hanson and Mr. Dunkley, he has a better understanding of this. In Broward County, we are one (1) of four (4) cities that are not utilizing this and the other three (3) are very small municipalities; therefore, we must have been doing something wrong all along. During the budget hearings last year, there were concerns about how high the City s millage rate is in comparison to other cities. The then city manager reminded everyone the reason was because we did not have a utility tax. He said that the only way that he will support a utility tax is if it came directly in a reduction in the millage rate because the burden is not spread evenly. He provided examples of city services being used and 20

21 GENERAL ITEMS - CONTINUED how a person in a more expensive home pays more; however the proposed utility tax will give more equity in moving it across the board. He further provided an example of how a renter will pay their share and not just the owner. Commissioner Ganz expressed concern of the burden that will fall on industries and businesses in this city. He said that he does not want to create equity in one area, while creating an inequity in another area. He requested that the Administration and staff provide numbers that shows the millage rate reduction for businesses and industries to determine what they will be paying in utility taxes. Although, it is based on their consumption, there are certain areas in this city that provide great services and are great industries that we do not want to lose or force them out. However, if they leave and go elsewhere they will have a utility tax. Vice Mayor Miller said that he does not like new taxes at all. However, he understands the times that we are living in. When he initially read the proposal, he questioned starting at 10%, but realized it s what the other cities have done. He said that it is a testimony to good stewardship that we have been able to run the City without it all this time; nevertheless, it may be time. Additionally, Vice Mayor Miller said that he likes the idea of all the users sharing, to include the renters. Since we have been able to go this far without it, he recommended that the Administration explore half of the 10%. He too expressed concerns regarding industries as it has been an advantage for businesses to move into this city and not have this tax. We will lose that if we are the same as others. Moreover, he said that the big businesses are hurting also. If they have to pay over $100,000 for this tax, they may have to lay off workers. Although this is positive from a revenue standpoint; however, from a practical view, there could be more people going into foreclosure because they cannot pay their mortgage. Therefore, he suggested that a graduated scale be considered for the businesses and industries; and capping and diminishing percentages after a certain amount. Vice Mayor Miller agreed with Commissioner Poitier that landlords pass their fees onto the renters. He further suggested possibly excluding water and consider electric to be fair. In closing, he said that he does not want to discourage industries and businesses in the community as they provide jobs for those unemployed. Mr. Hanson said that a rate schedule has not been set. The 10% was considered in comparison to what other cities charge, but it will be at the discretion of the Commission. At this time, he is requesting direction from the Commission, if they wish to have the Administration to continue with this project. Vice Mayor Miller said to explore it. Mayor Noland asked that the City Attorney determine if this is something that the Commission can consider. If the City decides to impose it, what is the percentage, and is there a cap on the percentage. 21