Tuesday May 3. Mayor Peggy Noland Burgess Hanson City Manager Andrew Maurodis City Attorney

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1 CITY OFDEERFIfi LD BEACH REGULAR CITY COMMISSION MEETING MINUTES Tuesday May at 7 00 P M The meeting was called to order on the above date by Mayor Peggy Noland at 7 00 p m in the City Commission Chambers City Hall Deerfield Beach ROLL CALL Present Also Present Absent Commissioner Bill Ganz Commissioner Joe Miller Mayor Peggy Noland Burgess Hanson City Manager Andrew Maurodis City Attorney Ada Graham Johnson MMC City Clerk Vice Mayor Marty Popelsky Mayor Noland stated that Vice Mayor Popelsky has an excused absence INVOCATION AND PLEDGE OF ALLEGIANCE Rabbi Tzvi Dechter Chabad of North Broward Beaches The invocation was offered by Rabbi Tzvi Dechter Chabad of North Broward Beaches followed by the Pledge of Allegiance APPROVAL OF THE MINUTES Regular City Commission Meeting Minutes April BudgetWorkshop Meeting Minutes May 24 and April Motion was made by Commissioner Joe Miller and seconded by Commissioner Bill Ganz to approve the Regular City Commission Meeting Minutes of April and the Budget Workshop Meeting Minutes of May 24 and April Voice Vote YEAS Commissioner Bill Ganz Commissioner Joe Miller and Mayor Peggy Noland NAYS None 1

2 ACKNOWLEDGEMENT OF BOARD MINUTES 1 Community Redevelopment Agency Minutes April 12 and March Planning Zoning Board Minutes February 3 and March Code Enforcement Special Master Minutes March Beautification Authority Minutes February Motion was made by Commissioner Joe Miller and seconded by Commissioner Bill Ganz to acknowledge the Board minutes Voice Vote YEAS Commissioner Bill Ganz Commissioner Joe Miller and Mayor Peggy Noland NAYS None APPROVAL OF THE AGENDA May Andrew Maurodis City Attorney said that we have a request to table a number of items because only three 3 members are present It was decided that those matters that require immediate action would remain on the agenda until the next meeting when there are four 4 members present The matters that do not will wait Motion was made by Commissioner Joe f0iller and seconded by Commissioner Bill Ganz to approve the agenda tabling items A Note Item 37 was added as an addendum Roll Call YEAS Commissioner Bill Ganz Commissioner Joe Miller and Mayor Peggy Noland NAYS None PRESENTATIONS 1 Proclamation presented by Mavor Peggy Noland to the American Cancer Society in recognition of the American Cancer Society Relay for Life of Deeifield Beach Mayor Noland read and presented a proclamation to the American Cancer Society in recognition of the American Cancer Society Relay for Life The 10th AnnLial American Cancer Society Relay of Life of Deerfield Bea h will be held on May 14 15th at Quiet Waters Park The City of Deerfield encouraged all to part cipate community event which is held overnight to present the fact that cancer never sleeps She proclaimed May American Cancer Society Relay for Life Weekend in this 18 hour 1 Jay Event Chair encouraged everyone to participate in the Relay for Life on May 14th This is not only a night that they raise money but they honor survivors of cancer and remember those that have died of cancer celebration remembrance and an all night party He said that this is an event of He encouraged all to participate 2

3 l PRESENTATIONS Lastly he said there are 30 teams throughout the community that come together to fight cancer and to remember those that are both survivors and those who have passed away 2 Certificate of Recognition presented bv Mayor Peggy Noland to Zion Lutheran Christian School s Middle School Basketball Team for attending the Lutheran Basketball Association of America National Tournament Mayor Noland read and presented a certificate of recognition to Zion Lutheran Christian School s Middle School Boys Basketball Team in recognition of attending the Lutheran Basketball Association of America National Tournament with a 3 2 record that there were 800 She said schools nationwide that qualified for the tournament 300 schools applied and only 32 teams were accepted Zion Lutheran won the South Florida Regional Lutheran School Tournament to qualify for State They also won the Florida Lutheran School State Basketball Tournament the first time since 1990 which qualified them for Nationals 3 Proclamation presented bv Mavor Peggv Noland in recognition of Public Service Recognition Week and Water Plant presentation Mayor Noland read and presented a proclamation in recognition of Public Service Recognition Week She encouraged the residents to recognize the employees if they see them out this week as they are the ones that take care of our City She proclaimed the week of May as Public Service Recognition Week Charlie DaBrusco Environmental Services Director stated that next month they will have the new 3MGD Water Treatment Plant the Reverse Osmosis Plant operational Beginning May 2011 which the federal government requires one person on every water crew that repairs the water main must have a level class 3 license He said that 6 out of 12 have already passed their test He recognized them by listing their names and thanked each of them 4 Certificate of Recognition presented bv Mavor Peagv Noland to Hugh Dunklev Finance Director for Government Finance Officers Association Mayor Noland read and presented a Certificate of Recognition to Melissa Lewis Budget Analyst from the Government Finance Officers Association of the United States and Canada She said that this certificate is presented to those individuals who have been instrumental in their government unit achieving a distinguished budget presentation award This award is the highest award in governmental budgeting and is extended to those government units whose budgets are judged to adhere to program standards Ms Lewis thanked Mayor Noland for the recognition She said that the Finance Department will continue to do a great job She gave a special thank you to Hugh Dunkley 3

4 PRESENTATIONS 5 Proclamation presented by Mayor Peggy Noland to Ada Graham Johnson MMC City Clerk in recognition of Municipal Clerk s Week Mayor Noland read and presented a proclamation to Ada Graham Johnson City Clerk in recognition of Municipal Clerk s Week May She said that the office of municipal clerks is the oldest amongst public servants The City Clerk serves as a vital part of local government throughout the world It provides a professional link between the citizens the local governing bodies and agencies of the government at other levels The Clerk s office also serves as the information center on functions of local government and community Ms Graham Johnson thanked everyone for their support She gave a special thank you to her staff and the City Manager City Attorney and elected officials for their support 6 Update of trees alonq Hillsboro Boulevard Burgess Hanson City Manager stated that they have decided to put a halt on the Hillsboro Streetscape Project from Dixie Highway to Powerline Road will meet with the Florida Department of Transportation FOOT He said that they to try to get them to ease their requirements about the trees particularly the larger tress so that they will not have to be removed He further stated that Commissioner Ganz has been in communication with County Commissioner Kristin Jacobs and others about this project We do not want to lose the to improve those medians thus they will try to resolve the issues with FOOT He said that if FOOT does not move on it the City will walk away from the project at this time Commissioner Ganz stated that he talked to Greg Stewart of the Broward MPO who pointed out that some of the guidelines that FOOT may be following may not be entirely accurate He further stated that County Commissioner Jacobs has been opposed to what FOOT has mandated He said that she has worked very hard to make sure we have some clarification She has also advocated to make sure that the number of trees and the larger sizes are not removed Also if the money for the Broward Beautiful Project were granted it cannot be used for the project along Hillsboro Boulevard that it stays in Deerfield Beach for another beautification project WRITTEN REQUESTS 1 Carolvn GaQhan 815 SE 19th Avenue Deerfield Beach wishes to address the City Commission regardinq protection for manatees Carolyn Gaghan expressed concerns regarding the speeds of the boats on the Intracostal She said that the manatees only move 5 miles per hour and it is very hard for them to get out of the way of the boats She said that she spoke with the police who patrol the Intracostal waterway and they recommended that she asked the Commission to petition the Fish and Wildlife Commission to reduce the speed zone to a no wake zone to help protect the manatees Ms Gaghan further stated that they have witnessed 4

5 WRITTEN REQUESTS the Hillsboro Police and sometimes the Fish and Wildlife Commission patrol the waterways but not very often She said that she does not know if it is an issue of enforcing the current rules more patrol or a no wake zone she is not certain She urged the Commission to help the manatees She referenced a sign to warn of the manatees during November 1 March mph during certain hours Mayor Noland referenced signs in the past being posted in Street in Boca Raton She said that we will look into this and see who we can contact a no wake zone on 19th Commissioner Miller asked if it is the BSO Marine Patrol that patrols our waters He said it was his understanding that due to their budget cuts we are not being patrolled previously were Chief Pete Sudler BSO District 10 as we Deerfield Beach said that they still patrol but not as frequent He said that the patrol is through the Sheriff s Office regional resource as they do not have a marine unit assigned to the City of Deerfield Beach He further stated that they are not the only ones that patrol the waterways as Ms Gaghan stated 2 David Cody Deerfield Beach wishes to address the City Commission regarding myriad topicsc6ncernih idistrict 2 David Cody 441 NW 2nd Avenue Deerfield Beach stated that in 1765 Mr James Otis made a statement that still rings true today especially in District 2 Taxation without representation is tyranny Mr Cody commented that the City Manager seems to think it is okay to run our city funds derived from the layoffs of our residents and to make proposals that would further strain our personal finances Currently District 2 does not have a representative to ensure that the district is not adversely affected by any proposals that would see our finances strained He commented on them having representation during discussion on items that could possibly financially impact each citizen He distributed tea bags to the Commissioners that stated District 2 says No This is symbolic to the Boston Tea Party when the colonists dumped tea into the Boston Harbor Additionally Mr Cody said that District 2 is currently galvanizing its citizens to playa more iatrical part in the City s development They are willing to change and help better our community and be a part District 2 of District 2 He further commented on the inequalities in In closing Mr Cody referenced the District 2 meeting that they held last evening and will continue to have to help improve their district There is blight in the community they do not have black owned businesses in the community that can donate funds to the Packer Rattlers organization Mango Festival and the Brazilian Festival when it took place Therefore they have to come to the City he asked that the Commission look at the totality of the situation and lend a hand 3 Chaz Stevens 1425 SE 14th Avenue Deerfield Beach wishes to address the City Commission reaardingflorida s women s prison facilities Mayor Noland stated that Mr Stevens submitted a note that he will not be present 5

6 CONSENT AGENDA Commissioner Miller requested to pull item 10 for discussion ITEM 1 DIGITAL TIME STAMPED Resolution A Resolution of the City Commission of the City of Deerfield Beach Florida approving the closure of the Deerfield Beach Fishing Pier for the 4th Annual Pier and Beach Cleanup from 9 00 AM until PM on June and a waiver of parking fees for ten spaces in the Main Beach Parking Lot to provide free parking for event participants ITEM 2 DIGITAL TIME STAMPED Resolution A Resolution of the City Commission of the City of Deerfield Beach Florida authorizing the use of from the Law Enforcement Trust Fund for attendance by local youth and counselors to the National Conference on Preventing Crime ih the Black Community ITEM 3 DIGITAL TIME STAMPED Resolution A Resolution of the City Commission of the City of Deerfield Beach Florida calling a Special Election to fill a temporary vacancy in the Office of Commissioner for District 2 ITEM 4 DIGITAL TIME STAMPED Resolution A Resolution of the City Commission of the City of Deerfield Beach Florida approving an agreement with the Supervisor of Elections providing the necessary services reauired for the Special Election ITEM 5 DIGITAL TIME STAMPED Resolution 2011 A Resolution of the City Commission of the City of Deerfield Beach Florida supportinq House Bill 211 and Senate Bill 1070 amendinq Florida Statutes to limit the State preemption of the regulation of smoking to indoor smokinq ITEM 6 DIGITALTIME STAMPED Resolution A Resolution of the City Commission of the City of Deerfield Beach Florida opposina Senate Joint Resolution 658 Senate Joint Resolution 210 Senate Joint Resolution 390 and House Joint Resolution 381 proposinq amendments to the Florida Constitution to prevent increases in the assessed value of homestead property if the fair market value of the property decreases and to reduce the limits on annual assessment increases on non homestead real property 6

7 CONSENT AGENDA ITEM 7 DIGITAL TIME STAMPED Resolution 2011 A Resolution of the City Commission of the City of Deerfield Beach Florida opposinq Senate Joint Resolution 616 proposing an amendment to the Florida Constitution to limit the maximum amount of Ad Valorem Taxes that may be collected on a parcel of real property ITEM 8 DIGITAL TIME STAMPED Resolution 2011 A Resolution of the City Commission of the City of Deerfield Beach Florida opposing Sen ate Bill 270 amending Florida Statutes to increase the property tax discounts for earlv payment of property taxes ITEM 9 DIGITAL TIME STAMPED Resolution 2011 A Resolution of the City Commission of the City of Deerfield Beach Fiorida approving an aqreement between the City of Deerfield Beach and American Express for the State of Florida Commercial Account ProQram ITEM 10 DIGIT AL TIME STAMPED Resolution A Resolution of the City Commission of the City of Deerfield Beach Florida approving the FEMA Safer Grant Award EMW201 0 FH to fullv fund the hiring of six 6 firefighters for two 2 years to replace personnel lost through attrition and agree to fund the six 6 firefiqhters for one 1 year past the fundinq period to the extent permitted bv law Item 10 was discussed out of order ITEM 11 DIGITAL TIME STAMPED Resolution A Resolution of the City Commission of the City of Deerfield Beach Florida granting a waiver as authorized in Section 54 1 of the City Code with respect to the restriction on r employment compensation to Charles 0 Aries Sign Inspector Funds from Account RegiJlar Salarv ITEM 12 DIGITAL TIME STAMPED Resolution A Resolution of the City Commission of the City of Deerfield Beach Florida approving an amendment to an agreementwith the Areawide Council on Aaing of Broward County Inc amending Contract Remewal JZ for Alzheimer s Services 7

8 CONSENT AGENDA ITEM 13 DIGITAL TIME STAMPED Resolution A Resolution of the City Commission of the City of Deerfield Beach Florida approving an amendment to an agreement with the Areawide Council on Aoing of Broward County Inc amendina Contract Renewal JL for Adult Davcare and Transportation Services ITEM 14 DIGITAL TIME STAMPED Resolution A Resolution of the CitvCommission of the City of Deerfield Beach Florida approving contract JP between the Areawide Council on Agino of Broward County Inc and the City ofdeerfield Beach Northeast Focal Point Senior Center for Emergencv Home Energv Assistance Program for the Elderlv ITEM 15 DIGITAL TIME STAMPED Resolution A Resolution of the City Commission of the City of Deerfield Beach Florida approving the 12th Amendment to the Resource Recovery Board Interlocal Agreement providing that the tipping fees shall be set by the Resource Recovery Board instead of an automatic escalation based upon the consumer price index ITEM 16 DIGITAL TIME STAMPED Resolution 2011 A Resolution of the City Commission of the City of Deerfield Beach Florida amending Resolution relatinq to the Memorial Committee for the purpose of naming City local streets ITEM 17 DIGITAL TIME STAMPED Resolution A Resolution of the City Commission of the City of Deerfield Beach Florida appointing Mark Berman as Code Enforcement Special Master ITEM 18 DIGITAL TIME STAMPED Ordinance 2011 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH IMPOSING A PUBLIC SERVICE TAX ON EVERY PURCHASE OF ELECTRICITY METERED OR BOTTLED GAS FUEL OILS AND WATER CONTAINING PROCEDURES FOR IMPLEMENTATION AND COLLECTION IMPOSING AN OBLIGATION ON THE SELLER TO COLLECT THE TAX CONTAINING A PROVISION FOR INCLUSION IN THE CITY CODE CONTAINING A SEVERABILITY CLAUSE CONTAINING AN EFFECTIVE DATE 8

9 CONSENT AGENDA ITEM 19 DIGITAL TIME STAMPED Ordinance 2011 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH FLORIDA AMENDING SECTION 78 2 RELATIVE TO THE CONSTITUTION OF the B0ARD AND TERMS AMENDING SECTION 78 3 RELATING TO A QUORUM AMENDING SECTION 78 4 RELATING TO PROCEDURES AMENDING 78 5 RELATING TO THE EFFECT OF COMMUNITY APPEARANCE BOARD APPROVAL PROVIDING FOR INCLUSION IN THE CITY LAND DEVELOPMENTCODE PROVIDING FOR SEVERABILITY PROVIDING FOR AN EFFECTIVE DATE ITEM 20 DIGITAL TIME STAMPED Ordinance 2011 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH FLORIDA AMENDING SECTION OF THE LAND DEVELOPMENT CODE REGARDING THE PLANNING AND ZONING BOARD AMENDING SECTIONS AND 6 RELATING TO MEMBERSHIP AND TERMS AND CREATING A NEW SUBSECTION 8 RELATING TO THE TIME PERIODS FOR ACTION BY THE BOARD CONTAINING A PROVISION FOR INCLUSION IN THE CITY CODE CONTAINING A SEVERABILITY CLAUSE CONTAINING AN EFFECTIVE DATE ITEM 21 DIGITAL TIME STAMPED Ordinance 2011 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH FLORIDA REPEALING ORDINANCE NO AND ORDINANCE WHICH PROVIDE FOR A COMMUNITY RELATIONS BOARD AND RE CREATING THE COMMUNITY RELATIONS BOARD AS AN AD HOC BOARD AND PROVIDING FOR MEMBERSHIP TERMS POWERS AND DUTIES CONTAINING A PROVISION FOR INCLUSION IN THE CITY CODE CONTAINING A SEVERABILITY CLAUSE CONTAINING AN EFFECTIVE DATE ITEM 22 DIGITAL TIME STAMPED Ordinance 2011 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH FLORIDA REPEALING ORDINANCE AND ORDINANCE RELATING TO THE TEEN CENTER BOARD RE CREATING THE TEEN CENTER BOARD AS AN AD HOC TEEN ADVISORY BOARD CONTAINING A PROVISION FOR INCLUSION IN THE CITY CODE CONTAINING A SEVERABILITY CLAUSE CONTAINING AN EFFECTIVE DATE 9

10 CONSENT AGENDA ITEM 23 DIGITAL TIME STAMPED Ordinance 2011 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH FLORIDA AMENDING CHAPTER 2 DIVISION 2 OF THE CITY CODE REGARDING THE BEAUTIFICATION AUTHORITY AMENDING SECT ION 2 36 REGARDING MEMBERSHIP AND TERMS AMENDING SECTION 2 38 REGARDING DUTIES AMENDING SECTION 2 41 REGARDING SOLICITATION OF FUNDS AND MATERIALS AND AMENDIN 3 SECTION OF THE LAND DEVELOPMENT CODE RELATING TO PERMIT FEES AND FINES CONTAINING A PROVISION FOR INCLUSION IN THE CITY CODE CLAUSE CONTAINING AN EFFECTIVE DATE CONTAINING A SEVERABILITY ITEM 24 DIGITAL TIME STAMPED Ordinance 2011 AN ORDINANCE OF THE CITY OF DEERFIELD BEACH AMENDING CHAPTER 50 PARKS AND RECREATION CREATING A NEW SECTION 50 3 PROVIDING FOR THE CREATION OF A PARKS AND RECREATION DEPARTMENT TRUST FUND PROVIDING FOR INCLUSION IN THE CODE PROVIDING FOR SEVERABILITY PROVIDING FOR AN EFFECTIVE DATE ITEM 25 DIGITAL TIME STAMPED Ordinance 2011 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH FLORIDA REZONING A 5 0 NET ACRE GROSS ACRE PARCEL FROM S 2C OPEN SPACE AND PUBLIC RECREATION TO RM 25 RESIDENTIAL MULTIFAMILY SAID PROPERTY BEING A PORTION OF PARCEL B AND C OF THE CRYSTAL LAKE 1ST SECTION PROVIDING FOR IMPLEMENTATION CONTAINING A SEVERABILITY CLAUSE CONTAINING AN EFFECTIVE DATE ITEM 26 DIGITAL TIME STAMPED Ordinance 2011 DEERFIELD BEACH AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF FLORIDA CREATING A NEW SECTION PROVIDING FOR VARIANCES TO CtJRE ZONING NONCONFORMINTIES CREATED AS A RESULT OF STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION EMINENT DOMAIN PROCEEDINGS EAST OF THE INTRACOASTAL WATERWAY PROVIDING FOR INCLUSION IN THE CODE PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE 10

11 CONSENT AGENDA ITEM 27 DIGITAL TIME STAMPED Ordinance 2011 AN ORDINANCE OF THE CITY OF DEERFIELD BEACH AMENDING SECTION 2 4 OF THE CITY CODE RELATING TO PUBLIC RECORD PRODUCTION AND FEES AND COSTS FOR CERTIFIED DOCUMENTS AND NOTARY SERVICES CONTAINING A PROVISION FOR INCLUSION IN THE CITY CODE CONTAINING A SEVERABILITY CLAUSE AND CONTAINING AN EFFECTIVE DATE ITEM 27A DIGITAL TIME STAMPED Ordinance 2011 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH FLORIDA AMENDING SECTION OF THE LAND DEVELOPMENT CODE TO PROVIDE FOR VARIANCES CONDITIONAL USES AND APPEALS TO BE HEARD BY A ZONING APPEALS SPECIAL MASTER INSTEAD OF A BOARD OF ADJUSTMENT CONTAINING A PROVISION FOR INCLUSION IN THE LAND DEVELOPMENT CODE CONTAINING A SEVERABILITY CLAUSE CONTAINING AN EFFECTIVE DATE There was no discussion on Consent Items and 25 Items and 27a were tabled Motion was made by Commissioner Joe Miller and seconded by Commissioner Bill Ganz to approve Consent Items and 25 Roll Call YEAS Commissioner Bill Ganz Commissioner Joe Miller and Mayor Peggy Noland NAYS None ITEM 10 DIGITAL TIME STAMPED Resolution A Resolution of the City Commission of the City of Deerfield Beach Florida approving the FEMA Safer Grant Award EMW2010 FH 00045to fully fund the hiring of six 6 firefighters for two 2 years to replace personnel Iost throuoh attrition and agree to fund the six 6 firefighters for one 1 year past the funding period to theextent permittedbv law Commissioner Miller expressed concerns with accepting the funds as we are at the beginning of negotiations with our Fire Union If we accept this money we would have accepted six 6 positions that are not currently being filled He requested clarification of the risk in having to keep these positions after the two 2 years they have committed to fund them we are going to stand with the new budgetary process He further asked what the risk is without us knowing where Burgess Hanson City Manager said that if we do hire these six 6 individuals they will be new employees in the negotiation contract that we are currently proposing to the Firefighters Local Chapter of the Firefighter Union He said that they will not go in the old pension plan as the contract will begin on October 1 will be hired after they

12 CONSENT AGENDA that date Additionally Mr Hanson said that this grant not only pays for the salary and benefits but also provides money towards their retirement Their 401 is what we are proposing to the fire union to end the old defined benefit Continuing Mr Hanson said that when we accept the proposal and receive the proposal from BSO it will have no impact on any decisions one way or the other relating to BSO Commissioner Miller said that if they became BSO Fire Department how will that work Mr Hanson said that they would just administer the grant and we would pay BSO the money He said that Dania Beach recently transitioned to the Broward Sheriff s Office and they have actually done that He said that they had approximately 9 or 10 firefighters when they went to BSO and there were no problems there He further stated that they apprised the Sheriff as well as BSO Fire Chief DeJesus of this grant A brief discussion pursued thereafter with motion to follow Motion was made by Commissioner Joe Miller and seconded by Commissioner Bill Ganz to approve Item 10 adopting Resolution Commissioner Ganz said that it indicates that this grant will have no fiscal impact for the City for and There will be salary benefits for five 5 months in FY and seven 7 months for FY it is a minuscule cost for what we are able to get them for However there is possibly a long term cost should they stay on with us At this point what we are able to get out ofthis is a great deal Mayor Noland said that it is her understanding that this is to replace firefighters that have retired Commissioner Miller said that is the attrition thing we have been doing City not replacing people who have left for any reason in the entire Mr Hanson said that over the next 2 to 3 years you are going to see quite of few people leaving the City as a result of retiring He said you do not want to bring in new recruits but have some experienced firefighters on staff Roll Call YEAS Commissioner Bill Ganz Commissioner Joe Miller and Mayor Peggy Noland NAYS None 12

13 PUBLIC HEARING ITEM 28 DIGITAL TIME STAMPED P H Resolution A Resolution of the City Commission of the City of Deerfield Beach Florida approving the amendment to the Deerfield Beach CRA Plan The Resolution was read by title only Mayor Noland opened the public hearing closed the public hearing There was no one to speak on this item she Commissioner Miller requested that Keven Klopp CRA Director outline the modification of the plan Keven Klopp CRA Director stated that this is an amendment to the Community Redevelopment Agency Plan He advised that the amendments to the original CRA Plan adopted in 1999 were housekeeping He stated that there was language in the plan that referred to the Palm Aire Shopping Center and is now called Hillsboro Square Additionally there are other amendments that delete language referring to reconfiguration of traffic patterns in the S Curve He briefly outlined the language that was changed The proposed plan also eliminates the recommendation that there be structured parking considered in the main beach parking lot As well as language that refers to a mixed use redevelopment in the residential neighborhood known as the Cove Gardens He continued outlining the proposed amendments as outlined in the backup to include inserting language regarding property acquisition maintaining projects with Tax Increment Funds TIF revitalization and expansion of Sullivan Park entryway feature at th corner of Hillsboro Boulevard and A1A northeast corner of the intersection and finally pedestrian enhancement throughout the redevelopment area Motion was made by Commissioner Bill Ganz and seconded by Commissioner Joe Miller to adopt Resolution Roll Call YEAS Commissioner Bill Ganz Commissioner Joe Miller and Mayor Peggy Noland NAYS None PUBLIC HEARING 2ND READING ITEM 29 DIGITAL TIME STAMPED Ordinance 2011 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OEERFIELD BEACH FLORIDA AMENDING SECTIONS OF THE CITY CODE PARKING ON RESIDENTIALLY ZONED LOTS AMENDING SECTION OF THE CITY CODE PARKING OF COMMERCIAL VEHICLES ON PUBLIC STREETS AND COMMERCIALLY ZONED PROPERTY PROVIDING FOR INCLUSION IN THE CITY CODE PROVIDING FOR A SEVERABILITY CLAUSE PROVIDING AN EFFECTIVE DATE 13

14 PUBLIC HEARING 2ND READING The Ordinance was read by title only Mayor Noland opened the public hearing There was none to speak therefore she closed the public hearing Mayor Noland said that Code Enforcement and the Planning Department have met to review the ordinances as some have not been revised for several years Reviewing them will assist with cleaning up the neighborhoods She further stated that there has been a lot of commercial vehicles that have been parking in residential neighborhoods that are not allowed and the residents have complained Therefore this is tightening up some of our rules and regulations Commissioner Miller said that the proposed ordinance does allow for one commercial vehicle per residential neighborhood Commissioner Ganz noted with limitation Motion was made by Commissioner Joe Miller and seconded by Commissioner Bill Ganz to approve Item 29 adopting Ordinance Roll Call YEAS Commissioner Bill Ganz Noland NAYS None Comm issioner Joe Miller and Mayor Peggy Ordinance ITEM 30 DIGITAL TIME STAMPED AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH FLORIDA AMENDING SECTION ADDING THE DEFINITION OF LOCAL BUSINESS AMENDING SECTION PROVIDING FOR A LOCAL PREFERENCE PROGRAM CONTAINING A PROVISION FOR INCLUSION IN THE CITY CODE CONTAINING A SEVERABILITY CLAUSE CONTAINING AN EFFECTIVE DATE The Ordinance was read by title only Andrew Maurodis City Attorney stated that the proposed ordinance would provide for a local preference provision in our purchasing code Mayor Noland opened the public hearing There was no one to speak public hearing She further stated that this will give preference Deerfield Beach and our residents that own businesses in the City County has a similar ordinance as well as other Cities Commissioner Ganz requested clarification on the propos d language 7 Local business means a business which at least one year prior of the initial solicitation He expressed concern with people from olltside who would setup shop to get preferential treatment on a potential bid She closed the to businesses in She said that the in Section to the release date of the area He said that the proposed wording prevents that and asked if it is one year before the actual bid goes out 14

15 PUBLIC HEARING 2ND READING Mr Maurodis said that you want them to be established a year prior to the solicitation not even prior to the opening Commissioner Ganz said that with government it takes a long time to get these projects off the ground So if there are rumon that these projects are coming we will have people carpet bagging their way in to get preferentialtreatment Mr Maurodis said that opening a business takes a little time probably more than a year He further stated that while there is a local preference it is a local preference that gives the lowest responsible local bidder the opportunity to match the lowest price So you are not going to award a contract at a higher price We are trying to balance the preference of the local busine s with trying to run our business It will allow a local business to get a bid at a higher price Commissioner Miller further clarified the language Motion was made by Commissioner Bill Ganz and seconded by Commissioner Joe Miller to approve Item 30 adopting Ordinance Roll Call YEAS Commissioner Bill Ganz Commissioner Joe Miller and Mayor Peggy Noland NAYS None ITEM 31 DIGITALTIME STAMPED Ordinance AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH FLORIDA AMENDING CITY C0DE CHAPTER 54 ARTICLE IV DIVISION 1 AMENDING SECTION ADMINISJ TION OF PLAN APPOINTMENT AND TERMS OF MEMBERS PROVIDING FOR SEVERABILITY PROVIDING FOR INCLUSION IN THE CITY CODE PROVIDING FOR A FUNDING CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE The Ordinance was read by title only Mayor Noland opened the public hearing on this Item She closed the public hearing There was no one from the public to speak Motion was made by Commissioner Bill Ganz and seconded by Miller to approve Item 31 adopting Ordinance Commissioner Joe Roll Call YEAS Commissioner Bill Ganz Commissioner Joe Miller and Mayor Peggy Noland NAYS None QUASI JUDICIAL PUBLIC HEARINGS Andrew Maurodis City Attorney said that Items 32 and 33 are quasi judicial items administered the oath to all those wishing to speak on these items to include staff 15 He

16 QUASI JUDICIAL PUBLIC HEARINGS CONTiNUED ITEM 32 DIGITAL TIME STAMPED P H APPLICATION 96 RSO 12 REVISION 1 ASH BRITT by Betty Masi AND CASE 2266 Applicant Proposal Site plan modification to construct a perimeter wall with two entry gates AND seeking a VARIANCE from the provisions of Section c of the Deerfield Beach Land Development Code in order to allow a masonry wall to be 8 feet high rather than 5 feet as reauired bv Code Location Lots 5 thru 15 Block 9 of the DEERFIELD DEVELOPMENT LAND COMPANY SUBDIVISION located af5e5 E HiIIshoro Boulevard Andrew Maurodis City Attorney asked the applicant to step forward and to indicate whether s he wished to waive the quasi judicial hearings which he explained the process Edward Masi Seawood Builders presenting Ashbritt replied he does not wish to waive the quasi judicial hearing process Mr Masi stated that Ashbritt recently purchased their building at 565 E Hillsboro Boulevard He said that they are seeking approval for a site plan for the entrance gates and walls at the f ast and west entrance to the property which there are no issues relative to that In addition they are requesting a variance relative to a permanent wall to the north He said that they feel there is some ambiguity in the Code because of the RSO district He said that the RSO code requires a five 5 foot hedge or masonry wall Mr Masi said that if they were to construct a 5 foot masonry wall in speaking with Gerald Ferguson Director of Planning and Growth ManagementBuilding they would have to come before the council because of the word or Continuing Mr Masi said that their client Ashbritt requested a higher wall as they assumed it was a commercial property however in the code it is up for interpretation The code for commercial property would allow for an 8 foot wall and 6 feet for residences He distributed pictures of the property He said that they have owned the property for 13 years and have been good citizens here in the City for 23 years They have been a big part of the community Seawood Builders Betty and Ed Masi They are not asking for anything outlandish He further stated that he spoke with Richard the neighbor this afternoon and he voiced some legitimate concerns when they saw security gates and an 8 foot wall Th YCJre thinking c ompound and what are we hiding etc They are here to make a simple request the hedge at its current stage is 7 feet high in some areas and in most areas it is 6 6 high Mr Masi said that they think it would be better for security it will enhance the property and architecturally it will integrate what they plan to do with the entry features and entry walls a lot better He was not in favor of a 5 foot wall If not approved they will leave the 6 6 hedge and still put the entry gate in Mr Masi said that they have a signature property locat d on Hillsboro Boulevard and the City has used their color schemes architectural design as a benchmark for other buildings Most notably LA Fitness He said that is what they are going to do and will not denigrate the property They understand the concerns and if they have to they are willing to put hedges on the other side of the wall to soften that for the clients They will landscape both sides 16

17 QUASI JUDICIAL PUBLlC HEARINGS In closing Mr Masi said that their hardship is not economic butbelieves that therei an ambiguity here The RSO district is a strange district He said over the years when Hillsboro Boulevard was wiqened and became State Road 810 the property basically diminished to where you had nothing The City s solution was making it commercial because no one was going to build a house on Hillsboro Boulevard so you are stuck with this 60 or 70 foot strip of land you could not do anything with Th re has been some hardships placed on the RSO district relative to that specifically the zoning He further commented on being able to have an 8 foot wall is fair Richter Bruno stated that he is the owner of the property 48 NE 5th Avenue Deerfield Beach which is directly on the north side of the subject property He expressed opposition to an 8 foot high wall He said that such a wall will reduce the quality of life on his property He further stated that his property is one story and the lower level of the roof is about 8 feet Therefore an 8 foot wall will definitely feel boxed in and will have no view for the Commission s review He also commented on the zoning of the property and distributed photos Mr Masi asked if Mr Bruno rented this property Mr Bruno replied yes Kathi Maggi 125 SW 34th Avenue Deerfield Beach asked if the wall is going on the east and west sides of the lot or just along the back of it She commented on having an 8 foot wall erected in her backyard to divide commercial from residential Although it is a different type of commercial than what is being proposed and the wall in her backyard was installed as a security wall She said that it does help but it is an overpowering wall as a resident in a dwelling you get very limited in things Richard Vespia 57 NE 6th Avenue Deerfield Beach stated that he owns the home that is on the east side of this property right north of it He did have a discussion today to determine what they are trying to hide behind an 8 foot wall ano he was told nothing Mr Vespia said that he suggested that they install a 6 footwall with 2 foot aluminum to match the building so that it looks aesthetically fine He said that he also inquired about landscaping He said that Mr Masi has not been a problem over the years as they are very understanding and will work with him and will take him at his word Mr Vespia said that a 7 foot wall would be the most he would want to see in concrete Anthony Caruso 62 E Hillsboro Boulevard Deerfield Beach st ated that his property CPA Practice is located immediately east of the Seawood buildin g He said that they bought the property 11 years ago and renovated it extensively not only to code but above and beyond in terms of landscaping and aesthetics because the area directly north of them is all residential and they wanted to blend in and let it be a seamless transition into the area He said that Seawood is a beautiful building but expressed concerns to having an 8 ft wall He asked why an 8 foot wall If there is going to be storage of construction equipment etc If the code does not allow that type of storage adding a wall that big really takes that beautiful building correctional institution than the fine property that it is and makes it look more like a 17

18 QUASI JUDICIAL PUBLIC HEARINGS In closing Mr Caruso said that his property is a business property but this is a beautiful area and the City has done a tremendous job in renovating this area and making it something to be very proud of He said that landscaping w uld not soften an 8 foot wall Mr Masi asked Mr Caruso if he is aware that the hedge that is there now is 6 ft 6 to 7 feet high Mr Caruso replied that a hedge along the rear of the property be it 5 ft 6 ft or 8 ft is a hedge that is green is landscaped isa beautiful thing if it is maintained However an 8 foot concrete wall with stucco and paint is an entirely different concept they are not comparable in terms of height He said that it is not a height issue Dorothy Vespia 57 NE 6th Avenue Deerfi ld each stated that she is wondering what is going on behind that 8 foot wall others will wonder what is going on behind the wall She said that if something is going on back there she will not be able to see it She further stated that they have been keeping an eye on that property because it is close by them She further stated that she kind of fears that others will come to the neighborhood to see what is going on She said that there are residential houses on Hillsboro Boulevard and expressed opposition to an 8 foot wall She suggested perhaps a 6 foot wall with an ornament is enough to deter people from hopping the wall if that is a concern Mr Masi asked if the council has had a chance to look at the picture of the existing hedge Moreover Mr Mas said that the 8 foot wall is not etched in stone They have no problem negotiating from 8 feet He further stated that he understands the arguments relative to this is not a purely commercial property However most zoning municipalities and districts would certainly c1assify an office building as a commercial property or a commercial entity They are not trying to hide anything He further commented on people sleeping in their cars in the residential property but he did not report them Continuing Mr Masi said that what inspired th whole wall is they are not considering a site plan modification but as a site plan approval They are going to have low walls with the matching railing detail on th parapets of the building There will be nothing offensive east and west They are here to do what they believe is best for the community and to negotiate what is the fairest for both sides He agreed to a compromise however he said 5 feet is ridiculous He further stated that the wall will enhance the property architecturally He said that they are happy with a 6 6 high hedge but believes that a block wall shielded on the residential side by hedges and on the inside effectively you are talking about s ndwiching a wall in between green Additionally Mr Masi said that there used to be a 15 foot alley and it was abandoned He said that property owners on both sides of the property picked up 7 5 feet for free So this is not an 8 foot wall 7 5 feet from the building between is what they would like to see the council approve 18 He said that somewhere in

19 QUASI JUDICIAL PUBLIC HEARINGS Mayor Noland referenced the pictures that were distributed to the Commission by Mr Masi Commissioner Ganz asked if the building was built with the existing zoning in place Mr Masi said that he believed that it was built with the existing zoning He further stated that they purchased the property and built the building He said that at that time they had the option of doing a hedge or a masonry wall Commissioner Miller said that he loves the spirit of cooperation and compromise He said that he measured the ficus and it corresponded to exactly what was stated He measured some at 7 and some areas a little less If a 7 ft wall with landscaping on both sides is recommended he will be in favor of that Mr Masi said that he is sure his client will be fine with that Commissioner Ganz said that looking at the Community Appearance Board minutes it was approved with the stipulation that landscaping be brought to the standards of the approved plan on file He asked if it would be accurate to say that the current landscaping is not in compliance with the approval Mr Masi explained the landscaping that was damaged during Hurricane Wilma He said that they do not have a problem with putting those back in He further outlined their future landscaping plans to sealcoat and restripe He continued outlining the improvements that they have made to the building as well as near future improvements Commissioner Ganz said that Ashbritt is a waste recovery c mpany and asked if these are the type of vehicles that will be parked there Mr Masi said that the type of vehicles that will be parked at this location will be nice Ford F 150 s and very nice cars He explained the type of business Ashbritt does they send management teams to disaster sites and they manage that process He said that they have no in house staff labor at all There will not be any storage of dump trucks or machinery they have none Motion was made by Commissioner Joe Miller to approve the 7 landscaping on both sides foot wall with Mayor Noland asked if this will include the decor A brief discussion pursued regarding the wall and the ornamental and it being visual Mr Masi said that they would like the architect to determine whether it is going 14 or 24 inches they would like to get the massing right Mr Masi agreed wall and whatever decoration the Commission would like on top 19 to be 12 to a 7 foot

20 QUASI JUDICIAL PUBLIC HEARINGS In response to Commissioner Miller s comment Mr Masi said that he would like to see a continuous hedge as it would look the same He said that he would have a hedge on both sides Motion was made by Commissioner Joe Miller and seconded by Commissioner Ganz to approve the 7 foot wall with landscaping on both sides with an ornamental on top of the wall as approved by staff adopting Resolution as amended Commissioner Ganz asked if this would have to go back to the Community Appearance Board since there has been a change Mr Maurodis said this is not a part of the motion Mayor Noland said that they approved it with the ornamental so they do not need to go back Mr Masi said that the ornamental is for the entry gates Mr Ferguson said that the ornamental is just on the side have ornamental on the wall that that you are talking about now He said that the CAB did not Mayor Noland said that they had an 8 foot solid wall and they approved that Mr Maurodis restated the motion for the record which is to approve the application except that the wall will be limited to 7 feeti ith an ornamental feature on top of it as approved by staff as far as design and size Presently stated the motion does not provide for the Community Appearance Board re review Commissioner Miller reiterated that the motion also includes landscaping on the north and south side Motion was made by Commissioner Joe Miller and seconded by Commissioner Bill Ganz to approve the application except that the wall will be limited to 7 feet with an ornamental feature on top of it as approved by staff as far as design and size landscaping on the north and south sides Approve as amended with Item 32 adopted Resolution Roll Call YEAS Commissioner Bill Ganz Commissioner Joe Miller and Mayor Peggy Noland NAYS None ITEM 33 DIGITALTIME STAMPED P H SIGN CASE NO 706Applicant VERIZON WIRELESS bv Oakhurst Sians Proposal Seeking asign VARIANCE from the provisions of Section c 2 of the Deerfield Beach Land Development Code in Order to allow a sauare foot sign on a building side which does not front on a street right of way The Code allows only one buildina sign per streehrontage location The sign will be located at W Hillsboro Boulevard 20

21 QUASI JUDICIAL PUBLIC HEARINGS Andrew Maurodis City Attorney asked the applicant to come forward and state his her name and if they wished to waive the quasi judicial procedures Henry Engelkay representing Oakhurst Signs said that he does not wish to waive the quasi judicial procedures He further stated that they have applied for a variance on a Verizon Wireless sign The Code says that it is one side per street frontage The second side that they want to put up is on the front of the building facing a parking lot which is why they are asking for the variance this request He also distributed pictures regarding Mayor Noland said that this is the outer parcel in the shopping center on Hillsboro and Powerline Road Commissioner Ganz asked what the hardship is Mr Engelkay reiterated that the code says that you can have one sign on a building facing a street frontage however that side of the building is facing the parking lot where they want to apply the second sign Mayor Noland further clarified the view of the storefront without the signage Motion was made by Commissioner Bill Ganz and seconded by Commissioner Joe Miller to approve Item 33 adopting Resolution Roll Call YEAS Commissioner Bill Ganz Commissioner Joe Miller and Mayor Peggy Noland NAYS None GENERAL ITEMS ITEM 34 DIGITAL TIME STAMPED Resolution A Resolution of the City Commission of the City of Deerfield Beach Florida approving a 66 month interlocal agreement with Broward County for participation in the BrowardCountv Water Conservation Incentives Program for the amount of for lhe first year Funds from Account Government Fees Permits The Resolution was read by title only Commissioner Miller said that in reviewing his backup material he read that 174 gallons per person is used per day Charles DaBrusco Director of Environmental Services replied that is correct He said that gallons of irrigation water it includes everything He further explained per capital and how much goes through that meter 21

22 GENERAL ITEMS Commissioner Ganz asked how many other cities in Broward County are participating in this Mr DaBrusco said that it is a countywide plan he is not sure of the names of the other cities that are involved Commissioner Ganz asked if there is a set amount that it will cost the city in order to participate in this program He further asked if that amount will fluctuate due to a lack of participation throughout the county Mr DaBrusco replied no it will not change based on someone else not entering agreement He said that we have fixed dollar amounts into the In response to Commissioner Miller s question Mr DaBrusco explained what is required for the City s 20 year water use permit One of the requirements is this Interlocal Agreement with Broward County He further stated that this was stated in 2010 that this is how we will deal with this Therefore this is a follow through on the acquisition of the permit because the actual permit has requirements on the conservation However the County is doing a lot of the work for us which saves us time In summary this is what was agreed to in the past by the City Commission in May 2010 Commissioner Ganz asked if these rebates are going back to our citizens for water conservation Mr DaBrusco replied correct Motion was made by Commissioner Joe Miller and seconded by Ganz to approve Item 34 adopting Resolution Commissioner Bill Roll Call YEAS Commissioner Bill Ganz Commissioner Joe Miller and Mayor Peggy Noland NAYS None ITEM 35 DIGITAL TIME STAMPED Resolution A Resolution of the City Commission of the City of Deerfield Beach Florida approvinq a contract with HD Supply Waterworks to purchase backflow preventers and pressure vacuum breakers for the estimatecf amount of 10lOOO 00 Funds from Account Meters Pipes The Resolution was read by title only Mayor Noland said that she sees the workers out there they are installing neighborhood them in her 22

23 GENERAL ITEMS Charles DaBrusco Director of Environmental Services said that there is a major increase in cost they saw it coming Therefore they had already purchased a lot of these backflow weventers in last year s budget to avoid running into this Therefore they will not spend the whole that is budgeted He further stated that there was a 30 increase Although they purchased some they will have to purchase more this year but not nearly the budgeted amount Motion was made by Commissioner Joe Miller and seconded by Commissioner Bill Ganz to approve Item 35 adopting Resolution Commissioner Ganz said that this dwindles that account down He asked if there are any other major expenses that they anticipate in that area or is this one of the biggest increases He said that if there has been an increase in the backflow preventers there is probably been an increase in piping Mr DaBrusco replied correct In response to Commissioner Ganz s comment Mr DaBru co said that that they knew how much the increase was going to be that is why they did the major purchase before hand Commissioner Ganz asked if Mr DaBrusco built in purchase and estimated that 30 increase as well for any piping that we need to Mr DaBrusco replied for this year correct Roll Call YEAS Commissioner Bill Ganz Commissioner Joe Miller and Mayor Peggy Noland NAYS None ITEM 36 DIGITAL TIME STAMPED Resolution A Resolution of the City Commission of the City of Deerfield Beach Florida authorizina a sole source purchase of 225 StoneliOht Bollards utilizina Sea Turtle Grant Funds in the amount of Funds from Account Sea Turtle Grant Funds The Resolution was read by title only Commissioner Ganz requested an explanation of the single source bid Chad Grecsek Assistant to the Public Works Director stated that in November 2010 the City was awarded a grant from the Fish and Wildlife Conservation Commission in the amount of He said that part of that process was working with the Commission to identify solutions that would address some of the lighting issues at the beach He said that they basically handpicked this bollard to meet their specifications As such they implemented the bollards on SE 9th street as a part of that project 23

24 GENERAL ITEMS Therefore with the Fish and Wildlife requirements the consistency of the beach and making sure the fixtures looked the same they felt this was the need for sole source Commissioner Ganz said that the actual design is unique to the brand that they are purchasing Mr Grecsek replied yes these are handmade bollards Motion was made by Commissioner Bill Ganz and seconded by Miller to approve Item 36 adopting Resolution Commissioner Joe Commissioner Miller asked if every one has to be installed before you turn them on Mr DaBrusco said that they are in zones So no they do not but they are almost there He said that the subject bollards will be in three 3 different zones therefore they would be put in separately Commissioner Miller said that we started in the south and asked if we are going to move section by section or could we skip overto the pier and work back down Mr DaBrusco replied that they are starting at the north and working south Mr Grecsek clarified that with this grant they will start at the north pavilion and move south A brief discussion was held regarding the bollards and when they would be lit Roll Call YEAS Commissioner Bill Ganz Commissioner Joe Miller and Mayor Peggy Noland NAYS None ITEM 37 DIGITAL TIME STAMPED Resolution A Resolution of the City Commission of the City of Deerfield Beach Florida adoptina a zoning in proaress related to substance abuse treatment facilities in the B 2 Hiahwav Business and B 3 General Business Zonina Districts The Resolution was read by title only Andrew Maurodis City Attorney recommended that the Commission add residential district to the zoning in progress Ada Graham Johnson City Clerk asked if that would be as amended Mr Maurodis replied yes He further stated that this declares the fact that we are considering some zoning regulations in this regard to treatment facilities in B 2 B 3 and residential zoning districts We are putting everyone on notice to that and requiring that any new application be consistent with what is adopted Commissioner Miller said that is what he talked to Mr Maurodis about Commissioner Ganz asked why was this such a late addition on something like this 24

25 GENERAL ITEMS Mr Maurodis said that Commissioner Miller had some concerns with regards to discussions with residents after the agenda had been done and because of the two 2 week gap in between However with the zoning in progress you want to get it out as soon as possible Therefore he requested that we add it on tonight s meeting rather than wait two weeks Commissioner Ganz commented that the agenda states that this was requested by Vice Mayor Popelsky Mr Maurodis clarified the reason and said that it was his fault Motion was made by Commissioner Joe Miller and seconded by Commissioner Bill Ganz to approve Item 37 adopting Resolution as amended Roll Call YEAS Commissioner Bill Ganz Commissioner Joe Miller and Mayor Peggy Noland NAYS None ADMINISTRATIVE ACTIONSfAND CITY MANAGER COMMENTS Citv Manaoer Citv Attornev No Report No Report Citv Clerk No Report COMMENTS BY MAYOR AND COMMISSIONERS Commissioner Ganz Cuisine of the Reoion Commissioner Ganz thanked N E Focal Point Donna DeFronzo Senior Services Director and staff for a great event the Cuisine of the Region He said that they do a great job every year and seem to improve it each year Easter Eoo Flashlioht Hunt Commissioner Ganz thank the COP Citizens on Patrol for their support He said that they worked very hard and we really appreciate their volunteering Countv Proiect on Militarv Trail and Hillsboro Boulevard Commissioner Ganz thanked staff and the Wildwood HOA and Deer Creek Perry Cohen Steve Bellerose and the residents for coming out and participating on the County project on Military Trail and Hillsboro He said that County Commission Chip LaMarca and his staff has really been helpful in making sure that the residents are pleased with the construction that is going on Recoonize BSO Commissioner Ganz thanked BSO for doing a great job He said that not only has Chief Sudler been able to respond to some of the issues they have had out west and dropping plans on very short notice to come and address some HOA s but BSO through the help of an anonymous tip was able to make an arrest on the Brazilian Depot Food Court robbery that took place in January He thanked them for a great job 25

26 COMMENTS BY MAYOR AND COMMISSIONERS District 4 Meetin Commissioner Gariz announced that he will have a District 4 meeting on May 16 at 7 00 p m at Constitution Park The agenda will be out shortly Commissioner Miller Wine and Food Taste Commissioner Miller said that he attended the event at the last hour and it appears that it was successful as they were out of food and wine The event was successful in spite of the cost for tickets RecoQnize the Volunteered COP s COP s Citizens on Patrols for directing traffic and such Commissioner Miller thanked the volunteer Island Homeowners Association MeetinQ Commissioner Miller said that he attended the Island Homeowners Association meeting and there was a sentiment there for increasing code enforcement whichc was also a part of his campaign He said that Officer Baker was in attendance and is on board with having the City conform to the Code He said that they are going to be stepping up on the code He also heard from citizens concerned with potential rehab facilities He commented on one currently with a permit in progress on Federal Highway which does backup to a residential neighborhood Although we will not be able to do much about this one with the Resolution that was adopted tonight we will be able to address things in the future There were also concerns with rehab residential facilities Currently in the City we cannot disallow citizens from living anywhere they would Iike to live have a counseling facility in the same complex as their living facility but they cannot Andrew Maurodis City Attorney said that it can be counseling but if it crosses the line into treatment then we require that to be in a commercial area Commissioner Miller said that Item 37 was about us reviewing that until we make modifications or if they come before us they will be on hold Mr Maurodis clarified that Item 37 would require them to comply with the regulations that we have adopted Commissioner Miller further stated that folks under rehab circumstances certainly have their rights and law to live where they want and obey the law as all us have Recoonition of Staff Commissioner Miller said that he is thankful that the beach is looking good and for all the staff working so hard National Dav of Praver Commissioner Miller announced that the National Day of Prayer will be held on Thursday May 5th at the flag pole of City Hall There will be about 9 or 10 ministers there Mavor Noland Wine and Food Tastino Mayor Noland stated that she attended the Wine and Food Tasting event She said that it was a great event and well attended She said that about 6 30 or 6 45 they were running out of refreshments but everyone had a wonderful time 26

27 COMMENTS BY MAYOR AND COMMISSIONERS Recoonize PAL Mayor Noland thanked Butch Sante and the PAL S kids for their hard work at the Wine and Food Tastihg event They are always helping they also helped with the art festival on the beach and wherever they are needed Recoonized Staff for Easter Eoo Hunt Mayor Noland recognized staff for their hard work with the three 3 Easter Egg Hunts She said that she attended all of them She commented that there were eggs and they were all gone in a split second She said that the kids erijoyed it National Praver Dav Mayor Noland also announced that the National Day of Prayer will be held on Thursday May 5th at City Hall at noon Closino of the Aauatics Center Mayor Noland announced that the Aquatics Center will be closed on May 13 16th because of an invitation swim meet that will be held at the facility Trail Dedication at Milvo Howard Park Mayor Noland announced that there will be a trail dedication at Mayo Howard Park on May 14th She invited everyone to come out to participate in this event Deerfield Beach Relav for Life Mayor Noland announced that the Deerfield Beach Relay for Life for the American Cancer Society will be held on May 14th at Quiet Waters Park Closino of the Aauatics Center Mayor Noland announced that the Aquatics Center will be closed on May 20 23rd for maintenance to prepare for the swim classes and swim teams for this summer CRA Meetino Mayor Noland announced that the CRA Meeting Tuesday May 10th at 6 30 p m in the City Commission Chambers will be held on New Businesses Mayor Noland announced the new businesses that opened in the City from April 1 28th by districts 1 in District 1 District 2 1 District 3 and District 4 4 She said that this is a good sign that new people are moving into our business community Citv s Open House Mayor Noland announced that the City s open house scheduled for May 21st has been canceled She explained what the open house was about PUBLIC TO BE HEARD Trees alono Hillsboro Boulevard Bett Willet 2646 Emerald Way Circle Deerfield Beach thanked the Commission for checking into the situation on the trees She said that when the residents started too question the Commission listened and responded She thanked Commissioner Ganz and County Commissioner Kristin Jacobs for their assistance and the Commission for trying to find a way to use the grant money if possible She also thanked Kathi Maggi for taking the initiative in informing everyone of this situation She thanked all of the residents who expressed concern about cutting down the trees on Hillsboro Boulevard 27

28 PUBLIC TO BE HEARD Complaint on BSO Carmitta Scarlett 230 SW 4th Street Deerfield Beach stated that there was an issue that took place at her house on Easter Sunday that was very traumatizing and very frightening They said that it was a mistake and the wrong address was given Then the wrong house was entered into She said that a gun was pointed at her and her granddaughter was taken out at gun point Her sister Judge Ilona Holmes also came out She said that Deerfield has a problem Whether we close our eyes to it we have a problem and it needs to be addressed She said that it is not only happening to people of color but it was in her neighborhood She said that it is not unusual to see a black man her husband Neville Scarlett in the kitchen washing dishes and feeling as though there is a crime that has been committed Ms Scarlett continued outlining what happened and urged everyone to take a stand She said that she kept announcing that she was the homeowner She appealed to everyone as we are all connected We all walk this earth and breathe the same air We must meet in the middle and find a way to resolve the problem She said that she has never had a problem with the cops before but that night she was traumatized to no end She has never had a gun pointed at her She urged the Commission to address this matter As we live here in this City together need to find a solution United we stand divided we will fall therefore we Complaint on BSO Eric Holmes 3769 NW 121 Avenue stated that Mrs Scralett is his sister He said that he left the house approximately an hour before to take food to a family in need He said that he received a call from his sister around 9 30 p m who was hysterical stating that the police had dragged them all out of the house BSO They have never had a problem at this residence the 36 years they have been there He said that this is very traumatic to receive a call from his family with these circumstances There is a problem and the problem needs to b addressed If police officers are surrounding a house and see people going about their daily business a simple knock on the door would have defused this whole thing He asked that the Commission consider these matters when entering into a contract with BSO He further commented that there are good BSO officers and he has friends that Cire with BSO but they did not show up at his sister s house that night He urged the Commission to speak with the upper brass to make sure the citizens are safe and respected and not treated like the lowest scum of the earth He said that a few of them that is the way they see us as people that are not of uniform with them Complaint on BSO Neville Scarlett husband ofcarmetta 230 SW 4rd Stre t Deerfield Beach said that what happened on Easter Sunday wasterrible He said that his wife is still having problems she cries and cannot sleep because of what took place there He said that BSO should have asked for identification after they informed them that they were the owner of the house Mr Scarlett said that he has never heard of them coming through the back door instead of coming through the front door He further stated that they informed the police over and over that they were afttie wrong ho se but they never stopped to check He said that they even turned on the outdoor lights for them if there was a thief in the house why would they turn on lights for the pc lice He was the black man at the window He explained what transpired with the incident He continued to ask questions that he thought BSO should have done 28

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