tuesday at 7

CITY OF DEERFIELD BEACH

REGULAR CITY COMMISSION MEETING MINUTES

Tuesday February 12 2013 at 7 00 PM

The meeting was called to order on the above date by Mayor Peggy Noland at 7 05

p m in the City Commission Chambers City Hall Deerfield Beach Florida

Present Commissioner Joe MillerCommissioner Ben Preston

Commissioner Marty Popelsky Attended by TelephoneVice Mayor Bill Ganz

Mayor Peggy Noland

Also Burgess Hanson City ManagerPresent Andrew Maurodis City Attorney

Ada Graham Johnson MMC City Clerk

Absent None

INVOCATION AND PLEDGE OF ALLEGIANCE

The invocation was offered by Reverend Dennis Fulmore Church of the Living Godfollowed by the Pledge of Allegiance

APPROVAL OF THE MINUTES

Regular City Commission Meeting Minutes January 15 2013

Motion was made by Commissioner Ben Preston and seconded by Commissioner Joe

Miller to approve the Regular City Commission Meeting Minutes of January 15 2013

Voice Vote YEAS Commissioner Joe Miller Commissioner Ben PrestonCommissioner Marty Popelsky Vice Mayor Bill Ganz and Mayor Peggy Noland NAYSNone

ACKNOWLEDGEMENT OF BOARD MINUTES

Code Enforcement Special Magistrate Meeting Minutes December 10 2012

Motion was made by Commissioner Joe Miller and seconded by Commissioner BenPreston to acknowledge the Code Enforcement Special Magistrate Meeting Minutes of

December 10 2012

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February 12 2013Regular City Commission Meeting Minutes

ACKNOWLEDGEMENT OF BOARD MINUTESCONTINUED

Voice Vote YEAS Commissioner Joe Miller Commissioner Ben Preston

Commissioner Marty Popelsky Vice Mayor Bill Ganz and Mayor Peggy Noland NAYS

None

APPROVAL OF THE AGENDA

February 12 2013

Motion was made by Commissioner Joe Miller and seconded by Commissioner Ben

Preston to approve the February 12 2013 agenda as amended tabling Items 1 14 and

22 until March 5 2013 and adding Item 13A

Roll Call YEAS Commissioner Joe Miller Commissioner Ben Preston Commissioner

Marty Popelsky Vice Mayor Bill Ganz and Mayor Peggy Noland NAYS None

PRESENTATIONS

1 Mayor Peaay Noland intro ucina Sheriff Scott Israel Broward Sheriff s Office

Mayor Noland introduced Sheriff Scott Israel Broward Sheriff s Office and brieflyoutlined his resume

Sheriff Israel thanked the Community and those that voted for him There are also those

who did not vote for me but hopes that he does such a great job that they would

consider voting for him in four 4 years if it is God s will that he run again He further

stated that he is tne Sheriff for the entire County and not just a certain group of peopleThereafter he outlined the direction of the Broward Sheriff s Office agency 1 To bringa cultural change to an agency that is in dire need of it The agency was unfortunatelyrun by fear retaliation and intimidation which was used as a means of motivation that

will never happen Ggain He said that leaders need to respect their people They will

discipline those when needed and will take care of those that take care of our citizens

Sherifflsrael said that rTlOrale has increased in the agency and is as high as it has ever

been 2 Diversity Sheriff Israel said that diversity is not making sure that you have two

2 African Americans two 2 Whites two 2 women but that people in an agency are

judged fairly ar d get opportuniti s that they have never gotten before They need the

opportunity to prove themselves He said that the heriff s agency looks more

differently th rf it ever looked before which they will cont nue to do 3 Children theyare going to work hard to measure their success by the kids they keep out of jail and

not the kids they put in jail

Continuing Sheriff Israel said that they are looking forward to working with the CountyCommission and making changes He acknowledged Chief Schnackenberg Interim

Police Chief District X Deerfield Beach He also acknowledged City Manager BurgessHanson and the City Commission and thanked them for their communications He

further announced that Lt Glassman has been promoted to Captain and will be Chief

for the City of Tamarac He briefly commented on the PAL Program and said that

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Regular City Commission Meeting Minutes February 12 2013

PRESENTATIONS CONTINUED

Deerfield Beach has the finest PAL Program in Broward County He recognized DeputyButch Sante and his staff for doing an extraordinary job in the PAL Program

In closing Sheriff Israel recognized his Chief of Staff Lisa Castillo and Colonel of Law

Enforcement Officer AI Pollock He also recognized Chad Brocato BSO DeerfieldBeach Fire Chief

5 Special presentation bv Kara Petty Assistant Director of Parks Recreationreaardina West Pompano Beach Hiahlands Park and development of a

community center

Kara Petty Assistant Parks and Recreation Director requested that Broward CountyMayor Kristin Jacobs and County Commissioner Chip LaMarca join her at the podium to

present a check

Mayor Jacobs presented a check for 1 million for the new park in the City of DeerfieldBeach West Pompano Beach Highlands Park

County Commissioner LaMarca said that he is glad to be a part of this and that the Cityof Deerfield Beach had some input in developing the park

2 Mavor Peaav Noland to present a certificate of recoanition to Mr John DiPratofor his commitment to the children in the Community

Mayor Noland read and presented a certificate of recognition to Mr John DiPrato for his

generous financial contributions to benefit the youth of our Community

Mr DiPrato stated that Deputy Harold Morrison has been involved in numerous creative

programs One of which the Rotary and his family personally supports the book baggive away to some of our challenged students They give to the students a book bagwith supplies to about 1500 students He presented a check to Deputy Morrison to

assist with the purchasing of book bags for this program

4 Mavor Peaav Noland to present a certificate of recoanition to Melissa TavlorLewis Senior Budaet Analvst for budaet preparation from the GovernmentFinance Officers Association

Mayor Noland presented a certificate of recognition to Melissa Taylor Lewis Senior

Budget Analyst for budget preparation from the Government Finance OfficersAssociation

Ms Taylor Lewis thanked the Commission for their recognition She also thanked HughDunkley Finance Director for his guidance and support

Mr Dunkley said that Ms Taylor Lewis is the chief architect of our budget He further

stated that this is the City s 17hconsecutive year that we have won this award The

City s

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PRESENTATIONS CONTINUED

budget is reviewed each year by a panel of independent reviewers He again thankedMs Lewis for her excellent work He also thanked the Commission for their support

3 Commissioner Ben Preston to present certificates of appreciation to variousindividuals for their contributions to the Community

Commissioner Preston stated that there are some extraordinary people in the

Community that truly care He presented a certificate of appreciation to Mr and MrsGeorge McCleod for their contributions to the Community He said that Mr and MrsMcCleod planted flowers that were not well maintained They also brought water to thatsite everyday to make sure they were watered Mr McCleod said that it was his wife s

project and he joined in to help her

Commissioner Preston also recognized Martha Henry for her contributions to the

Community with a certificate of appreciation He explained that Ms Martha constantlyshows a commitment to the Community and keeps him abreast of the activities that takeplace in the park near her She shows a commitment to the kids in the Community

8 Mavor Noland to represent a proclamation to the FLL Robotics Team of WestDeerfield

Mayor Noland presented a proclamation to the FLL Robotics Team of West DeerfieldBeach Thereafter the team presented a brief skit explaining the product they created to

improve the quality of life for seniors by helping them to continue to be independentengaged and connected in their Community They chose a senior partner who sufferswith cataracts and has vision problems so they created the bionic eye which consistsof a laser scanner circuit board a pair of glasses and earphones This allows thesenior to scan the existing bar code of products decode the product and present it to

the user in an audible way Thus the scanner reads the name of the product and saysit in the user s ears through the ear piece

7 Deerfield Beach Current video

The video was in honor of Black History Month There were highlights of various cityemployees and elected officials quoting remarks by Dr Martin Luther King Jr and

expressing why Black History Month is important to them

6 Mavor Peaav Noland to present a proclamation in honor of Black History Month

Mayor Noland read a proclamation in recognition of Black History Month

WRITTEN REQUESTS

1 Mel Weinzimer 229 Prescott L Deerfield Beach wishes to address the CityCommission to reauest reconsideration of beach parkina permit restrictions

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WRITTEN REQUESTS CONTINUED

Mr Weinzimer 229 Prescott L Deerfield Beach spoke in opposition of seasonalresidents not being able to purchase beach parking stickers He spoke on behalf of a

group of seasonal residents who feel that the action taken by the Commission was

discriminatory and unfair to their population He said that it further hurts the Cityfinancially which he explained Notwithstanding the ordinance was passed adopted in

July when the seasonal residents are not here and their voices could not be heard In

closing Mr Weinzimer asked that the Commission reconsider this ordinance and allow

the seasonal residents to purchase beach parking stickers

Mr Weinzimer s time ran out but was extended however he did not complete his

comments Therefore he was advised that he can complete his comments at the endof the meeting under Public to Be Heard

2 Patricia Saunders 252 SW 34th Avenue Deerfield Beach wishes to address theCity Commission on plantina of Ficus trees and approvina permits over theproperty line

Patricia Saunders stated that her neighbors ficus trees have caused damage to her

property She further complained that the roots of her neighbor s tree have caused

approximately 6 000 damage to her sewer pipe lines Therefore she asked that theCommission consider passing an ordinance prohibiting ficus trees being planted next to

residential homes and businesses Additionally Ms Saunders commented on

approving permits over property lines She briefly shared an experience she had withthe Building Department in which she was advised that the inspectors do not look at the

property lines prior to them signing off on permits as they are not surveyors and do not

check the property line but what they are approving the permit for is fences structures

etc She asked that the City check the property line on the survey If this is not checkedthen the neighbor assumes that because the permit is approved by the City inspectorthat they have the right to more property By checking it would avoid the neighborsfrom building or putting their fence on their neighbor s property

Mayor Noland said that they will look into this

CONSENT AGENDA

Mayor Noland stated that Keven Klopp Assistant City Manager would like to speak on

Item 4

ITEM 1 DIGITAL TIME STAMP

Resolution 2013 A Resolution of the City Commission of the City of Deerfield BeachFlorida chanaina Commission Meetina dates

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CONSENT AGENDA CONTINUED

ITEM 2 DIGITAL TIME STAMP 07 59 44

Resolution 2013 021 A Resolution of the City of Deerfield Beach expressina the City s

support of a arant application by the City of Boca Raton to the Florida Inland NaviaationDistrict for permittina and dredaina within portions of the Hillsboro Canal channelprovidina for severability providina for repealer providina an effective date


Resolution 2013 022 A Resolution of the City Commission of the City of DeerfieldBeach Florida uraina the Florida Leaislature to repeal certain sections of FloridaStatutes that prevent local aovernments from exercisina their Home Rule Authority to

reaulate and or prohibit firearms in public parks and other local aovernment ownedfacilities and property


Resolution 2013 023 A Resolution of the City Commission of the City of DeerfieldBeach Florida approvinQ a arant aareement with the Florida Inland Naviaation DistrictFIND for the Sullivan Park expansion Phase I Project for a 50 reimbursement arant

in an amount not to exceed 307 000 00

Item 4 was discussed out of order


Resolution 2013 024 A Resolution of the City Commission of the City of DeerfieldBeach Florida authorizina the acauisition of Microsoft License maintenance andservices throuah Software House International Inc by utilizinQ the State of Floridacontract for a three 3 year term at an annual cost of 44 980 00 Funds from Account

001 1400 513 30 04 Software Maintenance


Resolution 2013 025 A Resolution of the City Commission of the City of DeerfieldBeach Florida findina that the Construction Manaaer at Risk process would be in thepublic interest for the NE 3rd Avenue Roadway Improvements Project and authorizinathe release of a Reauest for Qualifications usina the Construction Manaaer at Riskprocess for the proiect Funds from Account 399 8000 541 61 12 JPA Constructionin Process


Resolution 2013 026 A Resolution of the City Commission of the City of DeerfieldBeach Florida authorizina a sole source purchase of RFID Taas and Readers from

Sonrai Systems for commercial collection operations in the amount of 148 300

Funds from Account 182 8000 534 60 43 105 335 84 RRB Grant Account 4504051 534 60 43 30 000 Other Machinery Eauipment Account 450 4051 534 3999 12 964 16 Continaency

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Resolution 2013 021 A Resolution of the City Commission of the City of DeerfieldBeach Floiida 8pprovinatheaVliardof RFP 2012 13 ofto Rock Tenn CP LLC forpayment processina and recyclina of comrTlerciaLmaterials for which the City willreceive approximately 268 608 per year for a three 3 year contract with an option ofthree 3 1 yeanenewals


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Resolution 2013 028 A Resolution of the City Commission of the City of DeerfieldBeach Florida repealinq Resolution 2012 088 which approved a development and

temporary easement aQreement between the Citv of Deerfield Beach and Yoss

Prashkovsky LLC


ORDINANCE 2013 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OFDEERFIELD BEACH AMENDING THE LAND DEVELOPMENT CODE AMENDINGSECTION 66 47 ORDERS ANDJUDGMENTS OF THE SPECIAL MASTER DELETINGTHE REQUIREMENT THAT THE ORDERS BE REDUCED TO JUDGMENT ANDFILED IN THEPUBLlG RECORDS CONTAINING APROVISIONFOR INCLUSION INTHE CITY CODE CONTAINING A SEVERABILITY CLAUSE CONTAINING ANEFFECTIVE DATE


ORDINANCE 2013 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OFDEERFIELD BEACH CREATING SECTION 46 37 DOORTO DOORISOLlCITATION

AND CANVASSING PROVIDING FOR DEFINITIONS PROHIBITIONS EXCEPTIONSAND pENAl17IES CONTAINING A PROVISION FOR INCllJSION IN THE CITYCODE CONTAINING A SEVERABILlTY CLAUSE CONTAINING AN EFFECTIVEDATE


Ordinance 2013 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OFDEERFIELD BEACH AMENDING SEGTION 38 156 SALE OR LEASE OF CITY

PROPERTY PROVIDING FOR APPROVAL OF THE SALE OF CITY OWNEDPROPERTY BY RESOLUTION INSTEAD OF BY ORDINANCE PROVIDING FOR THESALE OF NEIGI7iBORHOOD STABILIZATION PROGRAM PROPERTIESCONTAINING A PROVISION FOR INCLUSiON IN THE CITY CODE CONTAINING A

SElERABILlTY CLAUSE CONTAINING AN EFFECTIVE DATE

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Ordinance 2013 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OFDEERFIELD BEACH APPROVING A LEASE OF THE PIER RESTAURANTCONTAINING A SEVERABILITY CLAUSE CONTAINING AN EFFECTIVE DATE

ITEM 13A DIGITAL TIME STAMP 08 01 31

Resolution 2013 029 A Resolution of the City Commission of the City ofDeerfield Beach Florida approvinQ a 5 year extension to the aQreement between

the City of Deerfield Beach and the Kiwanis Club for bus benches and shelters


Preston to approve the Consent Agenda Items 2 3 and 5 13A




Resolution 2013 023 A Resolution of the City Commission of the City of DeerfieldBeach Florida approvina a qrant aareement with the Florida Inland Naviaation DistrictFIND for the Sullivan Park expansion Phase I Proiect for a 50 reimbursement arant

in an amount not to exceed 307 000 00

Keven Klopp Assistant City Manager stated that this grant is a reimbursement grantTherefore the City needs to fulfill certain navigation improvements in order to receivefull funding on the grant as reimbursement He further advised that there is a complexownership arrangement underneath the bridge at Hillsboro Boulevard and Sullivan Parkas a result of that complex arrangement which does involve some private parties theState the City and the County it is very possible that we may not fulfill all of the

navigational improvements included in this grant Consequently if they are not fulfilledthere is a possibility that we will not receive full reimbursement of this grantNotwithstanding there are adequate funds by the CRA Community RedevelopmentAgency set aside for this project regardless of whether or not we get the full grant In

closing Mr Klopp reiterated that this full amount mayor may not be achieved

Motion was made by Commissioner Joe Miller and seconded by Vice Mayor Bill Ganz

to approve Item 4 adopted Resolution 2012 023

Voice Vote YEAS Commissioner Joe Miller Commissioner Ben Preston

Commissioner Marty Popelsky Vice Mayor Bill Ganz and Mayor Peggy Noland NAYSNone

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Regulaf City Qommission Meeting Minutes February 12 201 3

PUBLICHEARINGS 1ST READING


P H 2013 040 Ordinance 2013 AN ORDINANCE OF THE CITY COMMISSION OFTHE CITY OF DEERFIELD BEACH FLORIDA AMENDING SECTION 98 53 B B 1

GOMMUNITYBUSINESS ADDING SUBSTANCEABUSE TREATMENT FACILITYLICENSED ORREQUIRED TO BE L10ENSEDPURSUANT tO FS 397 31118 ASA PERMITTED USE AMENDING SECTION 9853 C DELETING SUBSTANCEABUSE TREATMENT FACILITY AS A CONDITIONAL USE CONTAINING A

PROVISION FOR INCLUSION IN THE CITY CODE CONT INING A SEVERABILITYCLAUSE CONTAINING ANEFFECTIVE DATE Tabled from Januarv 15 2013


P H 2013 052 Ordinance 2013 AN ORDINANCE OF THE CITY COMMISSION OFlHE CITY OF DEERFIELOCiSEACH AMENDING THE LAND DEVELOPMENTCODEAMENDING THE DEFINITION OF COMPATIBILITY IN SECTION 983 AMENDINGSECtION 98 17 15 RELATING TO THE COMPATIBILITY REqUIREMENTS FORPLATS SITE PLANS AND BUILDING PERMITS CONTAINING REVISEDCOMPATIBILITY REQUIREMENTS TO INCLUDE SECURITY AND SAFETY ISSUESCONTAINING A PROVISION FORdNCLU810NIN THE CITY CODE CONTAINING ASEVERABILITY CLAUSE CONTAINING AN EFFECTIVE DATE

The Ordinance was read by title only

Andrew Maurodis City Attorney said that this is one of two 2 public hearings on the

cbmp tibilityordi nance ASPr vio usly stated the proposeg ordinance expands our

compatibility revieW which up to nOJlit was a revieW on odqrs traffic and site noise

This is an attempt tojakec rta insecurity issues into consideration to the extent that we

legally can even though the Cities have a number of restrictions on what they can do

Nonetheless this broadens corripatibility iSo that we can look at safety issues especiallyas they affect children

Mayor Noland opened the public hearing

Marge Hilton 1101 NE 5th Court Deerfield Beach spoke in favor of the proposedordinarice to provide additional protection such as security and safety issues She saidthat this would be a step in the right direction to afford some protection to childrenschools and residents against uses that might threaten their safety and security

Nancy Marchione 1100 SE 5th Court Deerfield Beach spoke in favor of the proposedordinance as it will provide additional protection for the security and safety of the

residents schools and the children in Deerfield Beach

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Regular City Commission Meeting Min te February 12 2013

PUBLIC HEARINGS 1ST READING CONTINUED

Donna Capobianco 4109 Oakridge V Deerfield Beach stated that she also supportsthe orqinance but would like to see an for seniors to the ordinance as there are many

security risks to them also

Mr Maurodis said th9twe will need to do a separate ordinance as it may not fit within

the context of this one however it is a worthwhile goal for us to entertain and move

forward with reviewing it

Mayor Noland closed the public


Preston to approve Item 15 first reading and set second public hearing for March 5

2013



PUBLlC HEAR NGS 2ND READING


Ordinance 2013 001 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY

OF DEERFIELDBEACH AMENDING SECTION 98 98 OF THE CITY CODE

RELATING TO COMMUNiCATioNS TOWERS AND ANTENNAS AND WIRELESS

COMMUNICATIONS FACILITIES CREATING A NEW SECTION 98 98

ESTABLISHING REVIENPROCEDURES REQUIREMENTS CRITERIA AND

PROCESSES FOR PERMITTING OF SAID FACILITIES AND REGULATIONS ON

SAID FACILlTIES IMPOSING STANDARDS ON SITING LOCATION SIZE AND

DIMENSIONS AS WELL AS OTHER REGULATIONS AND REQUIREMENTS

CONTAINING A PROVISION FOR INCLUSION IN THE CITY CODE CONTAINING A

SEVERABILITY CLAUSE CONTAINING AN EFFECTIVE DATE Tabled from Januarv

15 2013

The Ordinance wa read by title only

The public hearing was opened

Janna Lhota Attorney Holland Knight 515 E Las Olas Fort Lauderdale representingVerizonWireless Personal Communications thanked the City for its consideration of the

industry comments over the past several months She further thanked Staff and the

City Attorney for listening to the industry on their thoughts and comments on the

ordinance She further stated that the document is much more balanced and adheres

to the State and Federal guidelines on the subject

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PUBLIC HEARINGS 2ND READING CONTINUED

Ardrew Maurodis City Attorney stated that was in fact one of the major goals as theState and Federal guidelines has changed so significantly and restricted our ability to

regulate Therefore we wanted to make sure that we were within those guidelines andthe proposed ordinance does that

Mayor Noland closed the public hearing

Commissioner Miller saidthaHhe recommendation from Staff was that we continue with

the ad hoc committee and asked if we should approve this and add an ad hoc

committee or will it be a separate motion

Mr Maurodis explained that the concept was that we were following through with the adhoc committee s recommendation

Vice Mayor Ganz said that the previous ad hoc committee had asked that the Cityreview this periodically as opposed to waiting several years as they had done in the

past to makechanges to coincide with both law and protect the citizens as new

technology develops

In response to Commissioner Miller s question Mr Maurodis replied that if theCorilmissionwishes todo t at they would need to setup aseparate committee in 3 or 4

years a this point it is comp leted He further stated that in 2012 the major changesthat the f deral government imposed upon cities were buried in the Job Creation Acttherefore wemay have to create one in the future

Motion was made by Commissioner Joe Miller and seconded by Vice Mayor Sill Ganzto approve Item 16 adopted Ordinance 2013 001




Ordinance 2013 002 AN ORDINANCE OFTHE CITY COMMISSION OF THE CITYOF DEERFIELD BEACH FLORIDA AMENDING THE DEFINITION OF PRIVATECLUB IN SECTION 6 1 AMENDING THE DEFINITION OF PRIVATE CLUB INSECTION 6 56 TO BE JHE SAME HEFINITION AS SET F0RrH IN SECTION 6 1AMENDING THE EFINITION OF PRIVATE CLUB dN SECTION 98 3 OF THE CITYOF DEERFIELD BEACH LAND DEVELOPMENT CODE CONTAINING A PROVISIONFORJNCLUSION IN THE CITY C08E CONTAINING A SEVERABILITY CLAUSE

CONfAINING AN EFFECTIVEDATE


MayorNoland opened the public hearing

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PUBLIC HEARINGS 2ND READING CONTINUED

Rita Masi 19th Avenue Deerfield Beach said that the definition for private clubs seems

so vague She asked for clarification

Andrew Maurodis City Attorney explained that we have certain regulations with regardto private clubs therefore we are attempting to broaden the definition of private clubs tomake sure that we include all the various types of facilities that can be private clubs

Although the definition appears in several different places we want to make sure it isconsistent throughout the document However the definition of private club is most

likely found in 98 3 we are trying to have one definition that deals with the entire code


Motion was made by Commissioner Joe Miller and seconded by Vice Mayor Bill Ganzto approve adopted Ordinance 2013 002




Ordinance 2013 003 AN ORDINANCE OF THE CITY COMMISSION OF THE CITYOF DEERFIELD BEACH CREATING A NEW SECTION 46 31 REGULATINGDONATION BINS AND PROVIDING FOR CERTAIN CLOTHING DONATION BINS TOBE PERMITTED UPON CERTAIN CONDITIONS PROVIDING FOR REGULATIONSA PERMITTING PROCESS AND IMPLEMENTATION CONTAINING A PROVISIONFOR INCLUSION IN THE CITY CODE CONTAINING A SEVERABILITY CLAUSECONTAINING AN EFFECTIVE DATE


Mayor Noland opened the public hearing there was none She closed the publichearing

Motion was made by Vice Mayor Bill Ganz and seconded by Commissioner Joe Millerto approve Item 18 adopted Ordinance 2013 003



Mayor Noland said that we need to keep a lookout as she received a call last week that

there is a white truck that says donation to help children She urged the public that if

they see this truck to call the police because we now have this ordinance on the books

and they can be cited

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QUASIJUDICIAL PUBLIC HEARINGS

If any Commissioner has had any oral ex parte communications regarding a quasi judicialmatter on the agenda you must state on the record at the beginning of the quasi judicialproceeding the subject of the communication and the identity of the person group or entity with

whom the communication took place If any Commissioner has received a written ex partecommunication regarding a quasi judicial matter on the agenda you must state on the record atthe beginning of the quasi judicial proceeding the subject of the written communication and the

identity of the person group or entity with who sent the written communication and provide a

copy of the written communication to the City Clerk for the official record

Andrew Maurodis City Attorney administered the oath of office to all those that wish to

speak on Items 19 and 20 to include Staff


P H 2013 054 APPLICATION 08 B2 107 REVISION 4 AND CASE NO 2309

Applicant TIJUANA TAXI COMPANY Represented by Jack Hawk Proposal Site planmodification to construct a 5 017 sauare foot restaurant with drive thru and outdoorseatina area in excess of 12 seats as a part of the existina 146 999 sauare footRivertowne Sauare Shoppina center totalina 152 016 sauare feet of commercial use

AND seekina CONDITIONAL USE approval from Section 98 54 c 1 of the DeerfieldBeach Land Development in order to allow 79 outdoor seats for the restaurant TheCode permits 12 outdoor seats with a restaurant in the B 2 Hiahway Business zoninadistrict Location A 049 acre outparcel of the 13 93 acre total shoppina center parceldescribed as a portion the NW of the NE of Section 7 Township 48 South Ranae43 East located at 1015 S Federal Hiahway

Andrew Maurodis City Attorney asked the applicant if he wished to waive the quasijudicial proceedings

Jack Hawk 125 NE 2nd Avenue Deerfield Beach replied yes He said that this is a

small 5 000 square foot restaurant on the old Crabby Jack s site He said that it is a

family owned restaurant and has outside seating which has a hard covered roof more

of a veranda style with limited views into the inside or outside depending on which side

you are on He said that it is more of a window type atmosphere and is not reallyoutside seating from a standpoint that you are out on a deck and is perfectly visible

Judy Smith 1001 SE 6th Avenue Riverside Deerfield Beach spoke in opposition of theoutdoor seating for 79 Code allows 12 Moreover she feels there may be a noise

problem She said that when it was Crabby Jack s they had both outside seating and

indoor seating and there was a lot of noise She said that she has lived in the apartmentcomplex right behind the Rivertowne Square and there are a lot of residential condosand houses behind this location She urged the Commission to consider no more than12 outdoor seating versus the 79 being requested

Mr Hawk said that there will be no live music but there will be some music albeit low

scale He said that it is more of a family restaurant as opposed to Crabby Jack s

therefore they do not intend on having any issues with regard to noise

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QUASIJUDICIAL PUBLIC HEARINGS CONTINUED

Commissioner Preston said that when he originally read this he had a concern as therequest is asking to go from 12 as recommended by the City to 79 that is a bigincrease He further explained to Ms Smith that the applicant is not breaking code as itis a conditional use he is not asking for a variance He further expressed concern that ifthere are 79 outdoor seating would that be a distraction for traffic on Federal Highway

Mr Hawk said that it is more based on the demand for outdoor seating by people He

said that this is a concealed outdoor seating area and not like the old Crabby Jack s

In response to Commissioner Preston s question Mr Hawk said that they will adhere tothe noise ordinance He reiterated that this is more of a family type restaunmt and will

not have the activities in which Crabby Jack s had

Phil Silverthorne owner of Tijuana Taxi Restaurant stated that when the previousproperty was Crabby Jack s it had open exposure it was open totally to the west He

explained that the way in which they have reconfigured it there is no exposure to the

west He further explained that it is a semi enclosed outdoor area as opposed to

Crabby Jack s which was completely open to the west south and the east They have

done their best to control their noise Crabby Jack s had live entertainment they will not

have loud entertainment and will abide by the City s sound ordinance and looks forward

to being a business within the City of Deerfield Beach

Vice Mayor Ganz inquired about the wall to the west The open area that is there is

facing toward Federal Highway and asked if that is correct

Mr Hawk replied yes

Vice Mayor Ganz briefly expounded on a similar situation with Bru s Room and theyinstalled a wall that helped deter the noise He said it appears that is what they havedone here in that same design He further inquired about the hours of operation

Mr Silverthorne said that they would like to follow their current format which is Sundaythrough Wednesdays until 12 and Thursday through Saturday until 2 00 a m

Vice Mayor Ganz asked if this can be granted without the permission for live music as a

stipulation

Mr Maurodis recommended a stipulation to not allow live music therefore the

resolution will have to be amended stating such

Vice Mayor Ganz asked the applicants if they were opposed to the stipulation to not

allow live music

Mr Silverthorne replied that he has no problem agreeing to that stipulation

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Regular City pommission Meeting Minutes February 12 2013


Mr Phil said that this is not his first restaurant he has opened with intent of an outdoorarea but this is the fourth He said that in all three 3 of the previous locations theyhave beenaware of noise problems that other restaurants have had some on Federal

Highway However their architects desigi1has attempted tQcorrect it so that there are

no issues with the residents He advised that they have two 2 locations in Coral

Springs and a location in Davie but have had no issues wittlin the last 7 or 8 years

Commissioner Miller said that there is a trend in restaurants that people like to sitoutdoors

Motion was made by Commissioner Joe Miller and seconded by Vice Mayor Bill Ganzto approve Item 19 as amended with the stipulation that no live entertainment beoutside adopted Resolution 2013 030




P H 2013 055 SIGN CASE NO 717 Appellant ISLAND WATER SPORTSRepresented bv Lindsey CottrellAppeal Seekina toamend the stipulation of approvalon Sian Variance Case No 675 approved on April 7 20 09amendina the stipulationthatJhe six display panels contain only Iifestylescenes with nO wordina loa os or

advertisina and that nosionat all be placed on the windows sOHas to allow wordinaand orloaos on five ofthe displaypanels advertisina onone ofthe display panels anda lifestyle scene on one oHhe twowiridows Location 1985 N E 2pd Street

Linsey Cottrell Island Water Sports 816 SE 16th Court Deerfield Beach and owner ofIsland Water Sports replied yes she will waive the quasi judicial proceedings She said

that they were here three 3 years ago asking for more on their signage She brieflyprovided a PowerPoint presentation of their currentsignage at the store They have 6

large displays they are not windows or light boxes but they have currently putthemselves in a variance where none of those windows could have writing wording or

advertising She said about two 2 months ago they were in violation of that because ofsome of their signagehad wording on it even though it was not direct advertising She

highlighted pictures of the signage that was in violation

Continuing Ms Cottrell said that their approach when branding Island Water Sports is

to organically advocate the nautical lifestyle similar to what the City ofUeerfield Beach

does Their goal is to utilize their building not as a billboard butto bring authenticity to

what they do as a business which helps them to separate themselves from the rest

and helpthem to exist as a business in the surfing industry She said that the youth are

very intune to what is real and what is fake Representing themselves with thesebusinessesidoes help them bring that to the Community Therefore she requested that

t ey bothave a restriction on wording so that they are able toembracecampaigns fromQxiEfand Billabong and limited logo control to work with thenldvertisers She further

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stated that 100 of the time if their logo is not allowed to be included with the

campaign it is very difficult for them to provide those images to Island Water SportsShe further stated that they are the host for the Deerfield Beach Surf Camp she

outlined the camp schedule and asked that they be allowed to use the windows duringthe appropriate months for one window to the west of their doors to have the surf camplogo The logo would also consist of the City of Deerfield Beach logo and the main

sponsor

Vice Mayor Ganz asked if they are paid by the companies to have the advertisement

Ms Cottrell replied no they provide the image She further explained that to providethe images for the windows yearly would be approximately 18 000 therefore without

having the support of the companies to help them with the windows they would not be

able to provide them because of the cost Although they do not pay for them they do

pay to have them made

Vice Mayor Ganz asked if it is considered in kind

Ms Cottrell replied yes

Vice Mayor Ganz said that there are two 2 outstanding code violations One is

regarding the displaying of the unapproved signs which was immediately after the

stipulation was put in place in 2009 almost immediately signage was installed what was

not permitted He further stated that the Community Appearance Board allowed them to

put things in the window and allowed the windows of this size However part of the

stipulation for the extra windows was to limit the advertisement

Gerald Ferguson Director of Planning and Development Services clarified that theCAB approved no wording and no logos

Vice Mayor Ganz expressed concern with it being violated immediately after theyprovided a stipulation He further stated that he would like to stick to what the

Community Appearance Board agreed to back in 2009 and suggested that theCommission not grant this request

Commissioner Preston said that the Community Appearance Board approved it with a

stipulation however he was not aware of any code violations He further stated thatMs Cottrell is asking that the Commission go against the Community AppearanceBoard even though they gave the approval to Island Water Sports with the stipulationthat it not have the writing

Ms Cottrell said that before going against the Community Appearance Board theylocked themselves into this variance when they originally drew it up to have the

windows to display She further explained that they put themselves in a bind because

they later discovered that the companies that help them with the windows would not

provide the image without having some sort of tie in to their branding Therefore it was

16


QUASIZJUDICIAL PUBLIC HEARINGS CONTINUED

not that the Community Appearance Board asked them to do this but that they agreedto in order to meet them halfway

In regards to Commissioner Preston s question regarding the Code violation MsCottrell explainedthCitshe wa not orking at that time and this isthe first time that sheis hearing of it ahdapologizedthatit wasn t addressed Notwithstanding the violation

that came on December 5th assoon as they were cited ttle windows were taken downand the logos were covered Thereasonthey are asking to put in t e variance to have

some wording is to avoid them from stepping over their boundaries She said that thewindows add value to the business and value to the area as opposed to them beinglight boxes if they are not allowed to put images in the windows

Ms Cottrell continued to entertain questions by the Commission

Vice Mayor Ganz said that when Island Water Sports choseto do that that was the

stipulation agreed to at the time Although Island Water Sports is wonderful and doesso much for the Gityandhe appreciates that he has seen the signs that are on thewindows and they go beyond just simple small logos and wording They are large and

they are billboards and hat becomes a problem In fairness ifwe are stopping otherbusinesses from doing it he do s not see how we can allow this here

Ms Cottrell said that she is not goingto compare their business to others because that

is no tasteful but the fact of the matter is that identical windows thatthey have beencited on from Code Enforcement exist in other businesses identical images It is her

understanding that they have not been cited therefore she sees a little unfair treatment

towards a business that ha been in the City since 1978 and has worked very diligentlywith the City They are not trying to utilize the windows as billboards but to stayauthentic to their customers Nonetheless they will be happy to work with CodeEnforcement on having the images approved before printed and put up

Mayor Noland said that she understands both Vice Mayor Ganzand Ms Cottrell s pointof view however there are businesses on the beach that have shot glass in thewindows tee shirts bathing suits which looks Iike the Festival Flea Market She saidthat is one of our major concerns She said that she understands thaUhey are sayingbillboards but she has not seen one that is offensive She Jurther understands that for

advertisement purposes that is how you get it paid With tile economic times thatwehave all experienced you have to receive assistanceas much aspossible She furthersaid that lsland Water Sports has been in the CbmmunityJor a long time there are

young people that work there from the Community they reach out to the Communityand youth groups in this Community and she has never seen anything offensive

Therefore she would like to be able to help them out and possibly limit them to a

couple of signs She further stated that she would like to see the business stay in our

City

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Ms Cotlrell said that they are open to suggestions and meeting with the CommunityAppearance Board to determine whatis appropriate and fair

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Mayor Noland asked if they can go back to the Community Appearance Board to figuresomething out to give them some relief and also stay within the Code

Mr Maurodis said that you can refer it back to the Community Appearance Board for a

renewed recommendation and it will come back to the City Commission

Mr Ferguson said that these are here even with the stipulation by variance he asked if

the Commission would want it to come back for approval

Mr Maurodis said that it would have to come back to the Commission as the

Community Appearance Board could not alter the terms of the variance It would onlybe to solicit input

Commissioner Miller said that it is his recollection that there were pictures up in 2009that had logos and asked if they were covered

Ms Cottrell said that in 2009 before they did the remodeling the plans were for setbackwindows but due to hurricane code and insurance they were forced to redo the frontwindows The safest and most cost effective method was to put in shadow boxes and

it appeals much nicer to the front of the store

Commissioner Miller said as a small business owner himself he sees 18 000 as a

financial hardship He asked if there could be a compromise and have the vendor who

provides the sign go with a smaller logo

Ms Cottrell outlined what they are proposing a specific size limit for the signs The

windows would not display products but lifestyle images Branding will be slogans fortheir campaigns She said that is more discrete

Commissioner Miller said that he hopes that they can come to a compromise with some

one s logo and tag line would not be a big deal

Vice Mayor Ganz said that you cannot declare a financial hardship when you havecreated it yourself He said that this is about trying to attack Island Water Sports theyare fantastic but you are setting precedent which can be hard to go back on Althoughthis is a unique situation and it would be easy to say yes but this will open up Pandora s

Box He briefly commented on a tattoo parlor in District 4 that is in constant codeviolation due to window signage This is not about comparing ourselves and how greatthis business is compared to others This is about setting a precedent which is his onlyconcern

Mayor Noland said that we can also review on a case by case basis on a business She

suggested that we go back to the Community Appearance Board

Ms Cottrell said that she would be happy to meet with the Community AppearanceBoard

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RegularCityGommission Meeting Minutes February 12 2013

QUASI UOICIAL PUBLIC HEARINGS CONTINUED

1

Commissioner Preston said that we may still end up in the same position We are all

sympatheticto the cause but we can still end up in the saT1e position and that is votingagainst the Community Appearance Board In addition ahother business may ask that

you consider giving them the same latitude If we are unable to do that then thatcreates an imbalance and the issues that we would have to deal with Therefore theVice Mayor Ganz s comments are appropriate He asked what do we gain by goingback to the Gommun ity Appearance Board

Ms Cottrell said that it is her understand that a variance is on a case by case basis forthe person who has applied for it Although she understands it in regards to concern forthe other businesses however if this was approved on the evariance of Island Water

Sports then would it not pertain to them and their particular variance

Mr Maurodis replied yes variances are done on a case by case basis But if someone

can come and show a similar type situation then the relief grantea here can come into

play Then at that point YOlJ have precedence value otherWise they are considered on

a case by case basis

Mayor Noland opened discussion to the public

Rita Masi 19th Avenue Deerfield Beach said that she ca not believe what she is

hearing This isa business that has been in the City for ver 40 years Island Water

sports is an outstanding citizen and they have done so much for this Community We

are in hard times and we are being so small She further said that Island Water Sportsis a historical site for peerfield Beach ndexpressecJ opposition in how they are beingtreated She furtherstatedJhat they received a variance and if they made mistakes we

all have She said that she canno believe what we are going through for Island Water

Sports she urged the Commission to vote on this matter

Caryl Berner 3130 Cambridge F Deerfield Beach referenced the tattoo parlor and

agreed with Vice Mayor Ganz and Commissioner Preston s comments She furtherstated that this would bea case by case discrimination what is good for one is good for

all Unfortunately Island Water Sports is advertising

Shannon Booty 1173 SE 1 stWay Deerfield Beach spoke in favor of Island Water

sports being granted their request She said that they constantly give back to the

Co mmunity

Shannon Cissone 1002 SE6th Street Deerfield Beach said she has been in the Cityfor 25 years She said that she has two 2 kids and Island Water Sports gives back so

much to tnese public schools they donate to the Community They have worked hard18 000 is a hardship they keep the children off the street It is a positive image that

she would like her children to see and urged the Commission to approve the request

Richard Rosenzweig 97 Fordham E Deerfield Beach asked what constitutes a

billboard thesize appearance etc Also it can be modified to make it conform to the

egu l tiorlof size if that is the issue or what needs to be done to bring it into

compliance He asked what the aefinitionof a billboard is

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Vice Mayor Ganz said that we talked about hardship you must take the name of the

company and the business and not make it personal You must look at what the rules

state and what you are going to create in the future When you apply for a variance

you have to present a hardship however a hardship cannot be self created and it

cannot be one of the costs of doing business

Mr Maurodis said the sign variance is dealing with the ability of seeing the sign and

things of that sort not economic issues

Mr Ferguson provided the definition of a billboard and what the Code allows The

graphic displays are considered signs He outlined Island Water Sports originalvariance The variance was approved with a stipulation that the additional 229 squarefeet not have any wording and logos they already have the wording on the 38 squarefoot sign that was existing The request tonight is to remove that stipulation of no

wording and logos on this additional 229 square feet of signage

Discussion pursued regarding the variance and allowing wording and logos

Commissioner Miller asked if there is a compromise here as this is a 40 year old

business it is a landmark business He asked if they would be willing to compromisewhere they could and have a phrase without a logo

Ms Cottrell said that it is a compromise to use wording with no logo and is willing to goback to the Community Appearance Board to see what they think is best suited for the

City She said that it is a gracious compromise if they are allowed to use wording with a

restriction on logos Currently they are restricted between logos wording and

advertising as a whole They are not allowed anything on the windows except images

Patricia Saunders 252 SW 34th Avenue Deerfield Beach made comments that there is

too many billboards there should be some inside view She said some of the billboardsshould be placed with hurricane impact windows


Commissioner Preston said that the compromise that Commissioner Miller put on the

table seems to be a workable compromise and asked what the opinion of the other

Commissioners is

Mayor Noland said she has no problem with that She spoke in favor of having either

the wording or the logo but not both

Vice Mayor Ganz said that he is open to the idea

Commissioner Popelsky suggested that each of the Commissioners have a workable

solution He agreed with Commissioner Miller that we must look at this as an individualsituation They have 40 years on the beach they are losing money lets try to help them

and let them go back to the Community Appearance Board see if they can come up

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Reg Lilar City Commission Meeting Minutes February 12 2013


with some kind of solution and the next meeting on this matter will be differentNonetheless we should look at it as suggested by Commissioner Miller on an individualbasis

Mayor Noland said that if ttJere are enough of us 1hat feel thatway they will not have to

go back to the Commu 1ity Appearance Board She further stated that it appears that

Commissioner Miller is g oing to amend his motion to allow sayings only and not allow

logos

Motion was made by Commissioner Joe Miller and seconded by Commissioner MartyPopelskyto approv as amend d to have a compromise situation to allow the wordingwithout their logo or their name just their catch phrase adopted Resolution 2013 031

Roll Call YEAS Commissioner Joe Miller Comm ssioner Ben Prestpn Commissioner

Marty Popelsky and MayorPeggy Noland NAYS Vice Mayor Bill Ganz

GENERAL ITEMS

ITEM 21 DIGITAL TIMESTAMP 09 08 13

Resolution 2013 032 A Resolution of the City Commission of the City of DeerfieldBeach aPprovinaan Interlocal Aareement with SroWard Countv to provide the City withthe optional services of the Keep Broward Beautiful Proaram in the amount of

18 004 00 for FY 2014andqh HouseholdHazardous Waste Proaram in the amount

154 537 OO for FY2014 Funds from Account450 A051 534 32 14 DisposalFees FY 14 new budaet cateaorv CountY SerVices line item TBD


Preston to approve Item 21 adopted Resolution 2013 032


Marty Popelsky Vice MayorBiII Ganzand Mayor Peggy Noland NAYS None

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GENERAL ITEMS CONTINUED

ITEM 22

Ordinance 2013 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF

DEERFIELD BEACH FLORIDA AMENDING CITY CODE CHAPTER 54 ARTICLE IV

DIVISION 1 AMENDING SECTION 54 161 ADMINISTRATION OF PLAN

APPOINTMENT AND TERMS OF MEMBERS TO INCREASE TRUSTEE TERMS

FROM TWO TO FOUR YEARS AMENDING SECTION 54 185 TERMINATION OFPLAN AND DISTRIBUTION OF TRUST FUND TO FOLLOW RECENT LEGISLATIONCONCERNING PROCEDURE FOR TERMINATION OF PENSION PLANSAMENDING SECTION 54 217 BENEFITS NOT ASSIGNABLE TO BROADENPARTICIPANT AUTHORIZATION FOR THIRD PARTY BENEFIT PREMIUM

PAYMENTS AMENDING SECTION 54 226 OPTIONAL FORMS OF RETIREMENT

INCOME TO ALLOW RETIRED PARTICIPANTS TO CHANGE JOINT ANNUITANTSUP TO TWO TIMES WITHOUT APPROVAL OF RETIREMENT COMMITTEE ORJOINT ANNUITANT BEING REMOVED PROVIDING FOR A REPEALER PROVIDINGFOR A SAVINGS CLAUSE PROVIDING FOR CODIFICATION PROVIDING FOR AN

EFFECTIVE DATE Tabled from November 6 December 4 2012 and January 15

2013

Item 22 was tabled under the approval of the agenda

ADMINISTRATIVE ACTIONS AND CITY MANAGER COMMENTS

City ManaQer No Report

City Attorney No Report

City Clerk No Report

COMMENTS BY MAYOR AND COMMISSIONERS

Vice Mayor Ganz Beach ParkinQ Stickers Vice Mayor Ganz commented on the

beach parking stickers He said that there is a misunderstanding regarding the rules of

signing up to speak and having a time limit He said that he has spoken to several

people about this and the original reason that this was put forward was more because

there is a limited commodity He further stated that there are limited beach parkingsticker areas

Burgess Hanson City Manager clarified the designated areas where beach sticker

parking is allowed

Vice Mayor Ganz said that no one has been denied the ability to purchase these

stickers However we have raised the bar very high and is very difficult for people to

achieve it But it was not done as a discriminatory move but was based on complaintsthat we had sold more beach parking stickers than we have spaces available The Citydoes bend over backwards to accommodate our seasonal residents Most of theconstruction and projects are done out of

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Regul rCity Commission Meeting Minutes February 12 2013

COMMENTS BY MAYOR AND COMMISSIONERS CONTINUED

season However we burden the full time residents with having construction projectsdone during the time that it is going to inconvenience them therefore there are prosand cons He understands their issue He asked that they try to meet the criteria and

they explained if they do then they would ose the benefits that of where they resideelsewhere He aid that they are trying to have their cake and eat it too The biggestconcern is not so much the beac stickers but the inconvenience of this antiquatedsystem of putting quarters in the meter They are less concerned about cost but more

concerned over the absolute inconvenience that this provides But they hurt themselveswhen they make the argumentthatthey will take their business to Boca Raton which

does not have beachside restaurants and also has the same policy as the City of

Deerfield Beach He said that they contradict thems lve when they say that It is a

limited commodity that we have and we had to put some guidelines on it

In closing Vice Mayor Ganz said if the Commission does not change the rule that is in

place we need to make ita priqrity in the upcoming budg t to go to pay and displaytype parking to eliminate the inconvenience portion of it

Mayor Noland said that she has spoken with the City Manager about it and it is in the

upcoming budget that we are looking for pay and display She further stated that this

was not an intentional thing to try and to discriminate against anyone but there is not

enough parking spaces on our Beach It is cheaper for the seasonal residents to pay at

the meters than to pay 100 for the stickers However it is convenience

Vice Mayor Ganz said that if we continue to sale more stickers than we have parkingspaces it will eventually get to the point that no one has the benefit regardless of whatcriteria they meet to be able to enjoy beach sticker parking He said that we are limitedto what we can do when it comes to parking at the beach Therefore because of that

limitation there are certain things that have to give This is what we were looking at as

opposed to it being a discriminatory move He further stated that there are other

seasonal residen s that are affected by this and not just Canadians it affects everybodyNotwithstanding we have a limited commodity

t

Gospel Festival Vice Mayor Ganz said that John DiPrato saidthattheir Rotary Club is

going to cover the cost of food for the Gospel Festival at WestsidePark He said 2500

is the cost and they are going to put up the money

Vice Mayor Ganz said that we appreciate Mr DiPrato and the Rotary Club

District 4 MeetinCl Vice Mayor Ganz annoulced that he will be having a District 4

Meeting on February 25th at 7 00 p m at Constitution Park

Commissioner Preston Beach Stickers Commissioner Preston stated that he does

not know the answer regarding the beach parking stickers However when we have

residents whether seasonal or permanent when they feel that they are not apart of the

process we are obligated to look at that He further stated that he did not consider at

thEt time i ofthe vote that they did not have 8 representative present tospeakonJheirbehalf that isan issue which is unfair even though we may have still voted the waywe

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did In closing he said that we are obligated to find a compromise as difficult as it mayseem there is an answer The seasonal residents have brought money into the Cityonly to feel now that they are being excluded this is not right Therefore we must findout what that compromise is it is not going to be easy as we could be selling more

stickers than spaces what is the compromise He suggested that we find thecompromise we should never have a segment of our community to feel that they are

excluded

Lacrosse Clinic Commissioner Preston said that there will be a free Lacrosse Clinicon Saturday February 23 2013 at Westside Park from 12 30 p m until 2 00 p m He

would like to see it at Westside and in the City of Deerfield Beach He said thatLacrosse is one of the fastest growing sports in the State of Florida He further statedthat it is another alternative that assists with scholarships

Beach Sticker Parkinl Mayor Noland said that when it came up in July we did not

think of the impact of the seasonal residents We only looked at the fact that we were

being inundated with no parking on the beach and how many stickers were being soldand not being able to accommodate the parking She said that she did not think about it

being in July So she apologized

Commissioner Miller Beach Parkinl Sticker Commissioner Miller suggested that

City move forward with pay and display as soon as possible and eliminates parkingstickers He said that we only have so many spots and there should be a user fee tomaintain that beach because it costs money He suggested eliminating beach parkingstickers so no one feels discriminated against and put in pay and display that isconvenient to operate

Scrap Metallndustrv Commissioner Miller said that a number of months ago ScraperJohn addressed the Commission He further stated that he is of the opinion that everyweek there is a new scraper in our town He directed Staff to look into some regulationsfor this scraping industry He said that he is seeing new trucks overloaded daily andsuggested that it be regulated He further suggested that they be required to get a

permit and to have a fee and prove that they have insurance and a license to operatetheir vehicle and that trucks are not allowed to do scraping at night

After a brief conversation amongst the Commission Burgess Hanson City Managerstated that Staff will look into it

Mayor Noland New Businesses Mayor Noland announced that from January 182013 to February there were 32 new businesses opened in the City There were 7 in

District 1 8 in District 2 8 in District 3 and 9 in District 4

Upcominl events Mayor Noland announced the upcoming events 66th Annual

Founders Day Celebration will be held February 14th 1ih the parade is SaturdayFebruary 16th which begins at 10 00 a m at Pioneer Park carnival and fireworks are on

Saturday night Presidents Day City Hall is closed on Monday February 18th Black

Heritage Women s History Month Banquet will be held on Saturday March 2 2013

24



at Westside Park at 7 00 p m Tickets are 25 00 a Salute to Hometown Heroes and

Congressman Alcee Hasting is the Keynote speaker

PUBLIC TO BE HEARD

Beach Parkina Stickers Daniel Benzacar 2086 Oakridge U Deerfield Beach said that

the beach sticker problem is a good problem as there are many people that want to goto the beach He has been retired for 8 years He use to go to the beach very often but

there is a problem with the parking He appealed to the City s sense of fairness He

urged the Commission to consider allowing all residents to purchase the tickets and not

allow stickers on weekends and holidays

Beach Parkina Stickers Judy Smith said that the permanent residents are here

throughout the year it will be an injustice to them to remove the stickers mainly forconvenience we support the businesses and are here the hottest months of the yearour utility taxes are higher than the seasonal residents and we are supporting the

Community 12 months out of the year This is an added convenience to the citizens as

there is limited space there We should get some kind of convenience and have a

sticker parking space that is allotted to us She said she doesn t understand why the

people who come down for 3 or 6 months out of the year think that they should be

entitled to the same privileges as the year round residents It is difficult to park at the

beach during holidays and during the season Therefore we should have that privilege

Beach Parkina Stickers Ronald Weise 4030 Oakridge D Deerfield Beach said thatthe speaker before him is advocating discrimination and is justifying it to some manner

according to her belief It is asking for a privilege for a permanent resident that

temporary residents would not have He thanked Commissioner Preston for his insightto the whole issue He said that the thought that there should be some kind of a

process look at it and find the solution which should result in something that is

satisfactory to everybody He requested that if a process is started that there be some

opportunity for a representation from any party that feels that they have a legitimateconcern in the issue

Mayor Noland said that Hollywood Florida Fort Lauderdale Boca Raton and shebelieves Delray all have residents sticker parking compared to the seasonal residentsThis was not something that Staff pulled out of a hat they checked with other citiesNonetheless they will look at this however we are limited

Mr Weise further stated that the snowbirds pay more taxes because they are not

entitled to homestead exemption He said that they also use less service They do not

have children in the school and support the local businesses

Beach Parkina Stickers Ray Capobianco 4109 Oakridge V Deerfield Beach askedthat they clarify the required documents needed to obtain a beach parking sticker He

listed the documents that were mentioned earlier and asked if you are required to be a

resident of Deerfield Beach to get a sticker

25


PUBUCTOBEHEARD CONTINUED

Vice Mayor Ganz read a list of the required documents to purchase a beach parkingsticker

Beach Parkina Stickers Donna Capobianco 4109 Oakridge V Deerfield Beach stated

that win win situations usually make the best answers therefore she really appreciatesthe attitude of a win win situation rather than a win lose In spite of what someone maysay who is not on this commission and what wording they may use she finds it verydifficult in hearing things like have your cake and eat it too as a way to express a

concern She said that is a bit offensive and does not believe that the seasonalresidents are looking to taking it out on someone but rather they are disjointed fromtheir community and not allowed to participate These are people that have come here

tonight that truly care about this City She suggested a lottery system pay and displayShe suggested keeping it respectful and win win

Beach Parkina Stickers Caryl Berner 3130 Cambridge F Deerfield Beach said thatshe has spoken on this subject before when the snowbirds were not here to speak forthemselves She further commented that the snowbirds pay 3 1 2 times more in taxes

than the year round residents do She further stated that there are other solutions and

we have to think outside of the box

Beach Parkina Stickers Rita Masi 19th Avenue Deerfield Beach said this has nothingto do with Canadians or part time residents but it should be based on first come firstserve They too should have a beach sticker because they pay taxes like everybodyelse

Donation Bins Jim Moyer Salvation Army of Broward County Adult Rehabilitation Fort

Lauderdale thanked the Commission for their efforts on behalf of the Salvation ArmyHe also presented Mayor Noland with a plaque thanking the City for all of its efforts

Martin Luther Kina Festival Diane Chisholm 375 NW ih Court Deerfield Beach

expressed how very heavy her heart is She spoke about the programs for the DrMartin Luther King Jr festivities She said that she is an advocate volunteer here in theCity She has never come to the City to ask for anything but has always worked withthe schools from elementary to high schools as well as the City s I agues Ms

Chisholm said that she feels that the City of Deerfield Beach let the Community down

during the Dr Martin Luther King Jr celebration She expressed her disappointmentand how hurt she was as a result of the MLK parade being changed from Pioneer Park

which had been there for many years but was led through the back section of DeerfieldBeach in north Deerfield She asked why it happened how did it happen and hopesthat it never happens again She said that the Community does not ask for much butthe Dr King Celebration should continue to start at Pioneer Park and to HillsboroBoulevard and then to Westside Park She expressed disappointment of the paraderoute under the bridge through the Community and 16 police officers in such a short

distance She further asked why the City didn t reach out to someone who knew what ittakes to put on a program at Westside Park She offered her assistance AdditionallyMs Chisholm asked that the City be considerate of the residents She said that manyasked why the parade route was chosen She asked that the City not come in her

26

Regular City Cmmission Meeting Minutes February 12 2013

PUBLIC TO BE HEARD CONTINUED

community and allow someone to head up Dr Martin Luther King Jr Celebration as itwould be like her organizing Founder s Day which she knows nothing about as it verydisrespectful Ms Chisholm volunteered to assist theCity when it comes to programs in

the Westside area specifically District 2

In closing Ms Chisholm said that she along with theCQmmunity were outraged thatthe march took place in the outer side ofthe City asit N s likErthe City was hiding themand she took offense and asked that the City never do hatagain As this is not a Black

or White side but this is one city and we are one group of people and hopes that we

can all work together as one group but be considerate of each other She further saidth she and the Comnwnity areoutragedo what happened with the Dr King activities

S I li io 8 r Pr t Cthat he too had the ame concerns Regarding th par deroute tie wlshes lie would nave been aware of It and would have addressed It earlierhowever because o theflyover they regulated th parade route Nevertheless it

should have never happened it should have gone from Pione er Park to HillsboroBoulevard He said that there were a lot of concerns as to how this was handled as

this is the one day not just for African Americans but for everybody as Dr ing was a

great American to unify a hought process in America t0 challengeilis tq beli vethat we

can all work together regardless of race

Continuing Commissioner Preston stated that he met with the City Manager and Staff

regarding the concerns and there were ideas that came out of it to address at the next

MLK Holiday He outlined the issues that were addressed and the ideas that they willuse for the next holiday He said that it was a positive meeting He further stated that

they will also include the Cultural Committee s input He said that there were multiplemistakes thatwere made butthey were addressed

Ms Chisholm availed herself to volunteer She further encouraged the City to reach out

to other cities that did get it right

Vice Mayor Ganz thanked s Chisholm for her input He further stated that we shouldnot just limit the volUnteers to one district but when we have a committee that does

citywide evelJts every di trict be represented Therefore her voice will be more thanwelcome on that committee

Pier Restaurant Toula Arhanna Deerfield Beach Cafe said that they will soon openthe pier restaurant She said that they would like to get the Commission s thoughts on

the hours of operation

Keven Klopp Assistant City Manager said that he does not believe that the

Commission can discuss this matter as it is an item on the agenda However Ms

Amanna had some requests for consideration before the date of the next meeting

Andrew Maurodis City Attorney said that they can pose the question but it should bediscussed at the next meeting

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PUBLIC TO BE HEARD CONTINUED

Ms Amanna requested that they be alloYved to open the restaurant 2 rhours as theybelieve that thel neighborhood is extellentcmd that there is a need stJe outlined thevarious reasristo support the requ t They will nofserVe any alcohol after 1 00 a m

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Public Hearinas for March 5th NieetinAdaGrahamJOhnSOn City Cierk state that

becaus w will be m etingon M Jch p Jhe items gn thE1gemda that st tesJtle publichearings will be March 19th theywill be advertised for March 5th

ADJOURNMENT

There being no furthe business th eeting dJ9 urnedat 10 05 p m

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tuesday at 7

Documents