02/21/2012 - Deerfield Beach
Transcription
02/21/2012 - Deerfield Beach
I j CITY OF DEERFIELD BEACH REGULAR CITY COMMISSION MEETING MINUTES Tuesday February 21 2012 at 7 00 PM The p m meeting was called to order on the above date by Mayor Peggy Noland in the City Commission Chambers City Hall Deerfield Beach Florida at 7 03 ROLL CALL Commissioner Bill Ganz Commissioner Joe Miller Present Commissioner Ben Preston Vice Mayor Marty Popelsky Mayor Peggy Noland Also Burgess Hanson City Manager Andrew Maurodis City Attorney Present Ada Graham Johnson MMC City Clerk None Absent INVOCATION AND PLEDGE OF ALLEGIANCE The invocation by the Pledge was of offered by Bishop Patrick Kelly Cathedral Church of God followed Allegiance APPROVAL OF THE MINUTES Regular City Commission Meeting Motion Minutes February 7 2012 Miller to approve the by Commissioner Bill Ganz and seconded by Commissioner Joe Regular City Commission Meeting Minutes of February 7 2012 Voice Vote YEAS Commissioner Bill Ganz was made Ben Preston Vice Commissioner Joe Miller Commissioner Mayor Marty Popelsky and Mayor Peggy Noland NAYS None ACKNOWLEDGEMENT OF BOARD MINUTES 1 2 Non Uniformed Employees Pension Board Minutes Community Appearance Board Minutes January 4 Motion by Commissioner Joe Miller acknowledge the Board Minutes was Preston to made October 6 2011 2012 and seconded by Commissioner Ben 1 C I 1 o Regular City Commission Meeting Minutes February ACKNOWLEDGEMENT OF BOARD MINUTES Voice Vote Vice CONTINUED Commissioner Bill Ganz Commissioner Joe Miller Commissioner YEAS Ben Preston 21 2012 Mayor Marty Popelsky and Mayor Peggy Noland NAYS None APPROVAL OF THE AGENDA February 21 2012 Motion made was by Commissioner Joe Miller and seconded by Commissioner February 21 2012 agenda as submitted Ben Preston to approve the Voice Vote YEAS Ben Preston Vice Commissioner Bill Ganz Commissioner Joe Miller Commissioner Mayor Marty Popelsky and Mayor Peggy Noland NAYS None PRESENTATIONS Mayor Noland 1 introduced County Commissioner Chip LaMarca Community Improvement Video The There were highlights of Community Improvement Video was shown Annual Founders Day Parade and weekend activities the NE Focal Point Show Red Tails Movie Experience Complete Streets Workshop FRPA Exposition and the Fishing Pier Reconstruction Project 2 the 65th Fashion Vendor Lt Colonel Grav TuskeQee Airman to present Certificates of Appreciation and prizes awarded to students that participated in the Red Tails Excursion Essav Contest Commissioner Preston thanked everyone for coming out It is important that we spend time in the development of our children and encourage them to make good decisions A few months back he envisioned taking some of the kids to the Red Tails movie Initially he wanted to take the kids that were in the low economic area to the movie to but later decided to open it up to the entire City He former Director of the Deerfield Beach Housing Authority and shared his idea and she began to organize things on her end Thereafter he contacted spend some time with them contacted Pam Davis City Manager and shared the idea and he had staff to assist with organizing and contacting the theater to make it a reality He briefly outlined the agenda for the day of the event with kids from all races participating representing America After viewing the movie he challenged the kids to write an essay which he outlined the topics As a result of the essays they selected four 4 winners the Continuing Commissioner Preston said that County Commissioner Chip LaMarca was very instrumental in putting him in touch with Lt Colonel Joe Gray Tuskegee Airmen He thanked the City Manager and staff for their assistance He also thanked the 2 Regular City Commission Meeting Minutes PRESENTATIONS February 21 2012 CONTINUED Housing Authority for making this a reality He thanked Ms Davis and Housing Authority Board Members for their participation He said that not very often do you get a chance to see meet and greet history he introduced Lt Co John Gray retired member of the Air Force Tuskegee Airmen Deerfield Beach her staff and the City encouraging kids with respect to He said that the Miami Chapter Tuskegee Airmen covers the scholastic aptitude areas Greater Miami that include Palm Beach Broward and Miami Dade counties They give out academic scholarships to graduating high school seniors but they are having problems with students applying for the scholarship They only had two applicants this year one from Naples Florida and the other one from South Africa no one from the tri county areas He challenged the Commission and public to encourage students to apply for the scholarship 1500 next year They would be required to write an essay on the Airmen well as other requirements Thereafter he briefly commented on as Tuskegee Lt CoGray said that he is glad to see the the Red Tails movie Co presented Lt Gray with a Certificate of Appreciation for his in making the Red Tails Excursion Contest a country support Commissioner Preston service to his great and his success County Commissioner LaMarca commented on the community improvement video and the City s activities that he has participated in MLK Parade and Founders Day Parade He further stated that last year he had the honor to lay a reef at Port Everglades with Mr Abe Stein an Army Mechanic who was involved in Pearl Harbor He briefly outlined Mr Stein s military career He further stated that it is an honor to meet Lt Co Gray He commended Commissioner Preston and commented on how they were able to work on In closing County Commissioner patriotism and the Red Tail movie experience LaMarca thanked the Commission for what they are doing in the community as well as Burgess Hanson City Manager He offered his continued assistance to the City Commissioner Preston gave words of encouragement to the youth Thereafter he announced the winners of the essay 4th Place Juliann Burke 3rd Place Julia Burke 2nd Place Nerissa Ann Rampersad and 1st Place winner Kristin Sanders Continuing The winners as a photo were with Lt presented a certificate of appreciation and Co Gray and Commissioner Preston a monetary award Mayor Noland commended Commissioner Preston for a great job She County Commissioner LaMarca for attending the movies and taking part She further encouraged the adults to share the history of this country and and women fought for our freedom as well also thanked in this event how the 3 i men Regular City Commission Meeting Minutes PRESENTATIONS February 21 2012 CONTINUED Commissioner Preston encouraged the public to read the essays which the media has indicated they will publish He further thanked the representatives from Deerfield Beach High School for their participation Mayor Noland recommended Mayor Noland reconvened 3 the brief recess to allow photos with Lt Co Gray meeting Woodmen of the World to donate U S FlaQs to the City of Deerfield Beach David Santucci Mr a Purchasing Agent introduced Jeff Paige Woodmen of the Paige stated that Woodmen of the World profit fraternal mainly an insurance company financial services To maintain a non profit status they supply fraternal benefits many including giving flags to government bodies and non profit box of U S Flags for various City facilities agencies He donated a 4 is World a non Mavor Noland to present a proclamation to Carl Peter Director of Public Works for his years of service to the City Mayor Noland presented a proclamation to Carl Peter Director of Public Works for his Mr services to the City She briefly outlined his accomplishments during his tenure Peter will retire on February 24 2012 Mayor Noland proclaimed February 21 2012 as Carl Peter Day Mr Peter thanked the City Commission as well as Burgess Hanson City Manager He said that he has worked with the City of Deerfield Beach for 8 years and a total of almost 43 years since graduating with an engineering degree He thanked his staff to include those that have already retired Bernard Adams Jimmy Graham Wayne Miller who were three 3 key people who helped keep this City moving He Mayor and thanked everyone to include the residents for their support WRITTEN REQUESTS 1 Pastor Keith Howard Beacon LiQht Men s Ministries wishes to address the Commission concerninQ the awareness of absenteeism and disenQaQement of st fathers from parentinQ and kickoff ofthe 1 Annual LeadinQ Dad s Walk Pastor Keith Howard Light Men s Ministries said that they are a non profit organization and introduced the Leading Dad s Walk event Pastor Howard said that their ministry is to encourage and equip men to become more like God The Leading Dad s walk will be held at Mayo Howard Park after his father the first African American Police Officer Therefore the focus will be to honor his father and to bring awareness to The event will take place on Friday June fathers on the absenteeism of fatherhood Beacon 4 February 21 2012 Regular City Commission Meeting Minutes WRITTEN REQUESTS CONTINUED 15th they will introduce the movie Courageous movie is from 6 30 to 9 00 p m Leading Dad s Walk will take place on Saturday June 16th from 8 00 a m to 12 00 noon He briefly outlined the agenda for Saturday s event Pastor Howard invited the Commission to come out and participate closing Pastor Howard said that he grew up in this community his mother still lives here and will celebrate her 80th birthday next month March Moreover this is a passion for him due to his father s involvement in his life Therefore he would like to bring that He invited all the men from the motto and mentorship back to the community the community especially clergymen In 2 Pam Militello 884 SE 19th Avenue Deerfield wishes to address the Beach Commission concerninQ the City s beach 19th Pam Militello 884 SE regarding makes our this the our Avenue to install proposal unique beach is the Deerfield Beach made a Power Point presentation along the main beach She said what ocean view and easy access People love dunes vegetation outstanding remarkable unobstructed view of the ocean but what if is blocked by sea oaks and other vegetation planted to beach because it has such view a disappears supposedly stop beach erosion Ms Militello said that erosion occurs at the shoreline Ms Militello said that six 6 years and not the grass line at the main beach Continuing ago after much public input our residents insisted that no dune vegetation be placed on our beach An existing dune near the Cove Beach Club was used as an experiment planted with sea oaks and other vegetation The view of the ocean is already vanishing behind the spreading vegetation She highlighted many photos as a result of the dunes after only six 6 years the dune is already blocking the view of the ocean Notwithstanding sea oaks are rapidly spreading across our beach outward from this dune The south beach has always been kept more natural six 6 years ago the dunes were expanded on the south beach and the ocean is no longer visible from the sidewalk She said that sea oaks commonly reach 7 to 8 feet in height however these sea oaks are already taller than her Additionally walking on dunes is forbidden and pathways must be created for residents to access the beach She continued to show photos of the dune vegetation and how it has affected the view of the ocean In closing Ms Militello urged the Commission to help the residents save the view of the ocean and 3 Donna Garcia 1539 SE 8th Street Deerfield Beach wishes to address the Commission concerninQ residential zoninQ codes Donna Garcia Garcia will be 1539 SE speaking 8th Street Deerfield Beach on behalf of both of them 5 stated that her husband Manuel Regular City Commission Meeting Minutes WRITTEN REQUESTS Mr Garcia said that February 21 2012 CONTINUED they received a favorable code enforcement violation that occurred in a hearing from a magistrate regarding dock behind his house a However what interesting about this process which took almost two 2 months was how powerless and helpless they felt during this process He thanked staff and Mayor was Noland for their interest in this matter but powerless the administration and elected officials were in the same situation he was facing Therefore it is clear that the government has trouble enforcing the Code in the City of Deerfield Beach Although this has been resolved for him he expressed concern with the risk of others having to go through this process due to the vague language in the Code of Ordinances He said that the magistrate rendered an opinion but also had problems with the language He urged the Commission to amend the language in the Code and strengthen it before the end of the year Secondly Mr Garcia said that the work in Code Enforcement should be given the authority to render fines and infractions as opposed to just notifying that there is an issue going on He said that normally for parking infractions a ticket is issued and a fine imposed if ignored possibly the vehicle can be towed resulting in even higher fines However this does not happen with Code Enforcement he asked that these two 2 issues be addressed by the Commission expressed concern over how In response to the audience Mrs Garcia said that the issue at hand was that the diving boat that is owned by Dixie Divers of Deerfield Beach the Lady Go Diver has been illegally parked at a residential dock on Pelican Canal since January 4th Finally they February 13th and today February 21st the decision was rendered by Justice Steinfeld given that they had a special magistrate last Monday She said that for a total of 53 days there was an illegal vessel parked in a residential zone She said that they felt extremely powerless It has taken almost 2 months to have this resolved She further stated that the owner of the home has been given an additional 14 days to resolve this matter Hopefully the Commission will be able to strengthen the language to give Code Enforcement the ability to start fining and addressing the issue immediately in a positive proactive way had a hearing on CONSENT AGENDA ITEM 1 Resolution 2012 024 DIGITAL TIME STAMPED 08 01 16 A Resolution of the City Commission of the City of Deerfield Beach Florida establishinQ ITEM 2 a Fund Balance Policv arid providinQ for an effective date DIGITAL TIME STAMPED 08 01 19 Resolution 2012 025 Beach Florida A Resolution of the City Commission of the City of Deerfield supportinQ the efforts of Students WorkinQ AQainst Tobacco SWAT the Tobacco Free Partnership of Broward County restrict the sale of flavored tobacco products 6 and the American Cancer Society to February 21 2012 Regular City Commission Meeting Minutes CONSENT AGENDA CONTINUED DIGITAL TIME STAMPED 08 01 23 ITEM 3 Resolution 2012 026 City Commission of the City of Deerfield 2011 12 08 with Supersports of Broward County Inc A Resolution of the Beach Florida approvinQ RFP 466 25 00 and Officials of Florida for 7005 572 32 99 Inc for 8 780 00 Funds from Account 001 Contractual Services DIGITAL TIME STAMPED 08 01 30 ITEM 4 A Resolution of the City Commission of the City of Deerfield Resolution 2012 027 Beach Florida approvinQ Work Authorization No 20 with Camp Dresser McKee COM for the East Water Treatment Plan Decommissionina Phase I for the amount of 49 535 00 ITEM 5 Resolution 2012 028 DIGITAL TIME STAMPED 08 01 34 A Resolution of the the City of Deerfield 429 11 DIGITAL TIME STAMPED 08 01 45 ITEM 6 Resolution 2012 029 use of City Commission of 10 from the Law Enforcement Trust Fund for attendance bv local youth and counselors to the Annual National Conference on Funds from Law Enforcement Trust Fund PreventinQ Crime in the Black Community Beach Florida authorizinQ the A Resolution of the City Commission of the City of Deerfield Florida approvinQ the renewal of a contract with HD Supplv Waterworks LTD for the purchase of backflow preventers and pressure vacuum breakers Beach ITEM 7 Resolution 2012 030 Beach Florida DIGITAL TIME STAMPED 08 01 49 A Resolution of the City Commission of the City of Deerfield opposinQ Florida House Bill 4025 and Florida Senate Bill 760 which bills would repeal Chapter 205 of Florida Statutes and eliminate the Local Business Tax Act resultinQ in a loss of revenue to local Qovernments providina an effective date ITEM 8 Resolution 2012 031 DIGITAL TIME STAMPED 08 02 00 A Resolution of the City Commission of the City of Deerfield Beach Florida supportinQ the operation of the Hillsboro Beach LiQhthouse four 24 hour basis j There was no discussion on Consent Items 1 7 8 on a twentv Regular City Commission Meeting Minutes CONSENT AGENDA Motion Ganz to February 21 CONTINUED by Commissioner Joe Miller 8 approve the Consent Agenda Items 1 was made Roll Call YEAS Preston Vice 2012 and seconded Bill by Commissioner Commissioner Bill Ganz Commissioner Joe Miller Commissioner Ben Mayor Marty Popelsky and Mayor Peggy Noland NAYS None PUBLIC HEARING ITEM 9 Resolution 2012 032 Beach Florida was by the title only There public hearing was none to speak she closed the by Commissioner Joe Miller and seconded by Commissioner approve Item 9 adopted Resolution 2012 032 was Preston to CAPER for HousinQ and Community Development ProQrams read Mayor Noland opened public hearing Motion A Resolution of the City Commission of the City of Deerfield approvinQ the ProQram Year 2010 Consolidated Annual Performance and Evaluation Report The Resolution DIGITAL TIME STAMPED 08 02 19 made Ben Roll Call YEAS Commissioner Bill Ganz Commissioner Joe Miller Commissioner Ben Preston Vice Mayor Marty Popelsky and Mayor Peggy Noland ITEM 10 NAYS None DIGITAL TIME STAMPED 08 02 51 A Resolution of the City Commission of the City of Deerfield Resolution 2012 033 Beach approvinQ the amendment to the Community Redevelopment Plan modifvinQ the Real Estate Acquisition Policv to allow property to be acquired bv the CRA when such property acquisition achieves CRA Plan Goals and Obiectives The Resolution was read Mayor Noland opened public hearing Motion was made by by title only the There public hearing was none to Commissioner Joe Miller and seconded Preston to approve Item 10 adopted speak she closed the by Commissioner Ben Resolution 2012 033 Roll Call YEAS Commissioner Bill Ganz Commissioner Joe Miller Commissioner Ben Preston Vice Mayor Marty Popelsky and Mayor Peggy Noland NAYS None 8 Regular City Commission Meeting Minutes PUBLIC HEARINGS ITEM P H THE 1 ST READING February 21 2012 CONTINUED 11 DIGITAL TIME STAMPED 08 03 24 2012 032A Ordinance 2012 AN ORDINANCE OF THE CITY COMMISSION OF OF DEERFIELD CITY BEACH REZONING A PROPERTY IN AN ANNEXED AREA FROM BROWARD COUNTY ZONING M 3 ACRES TO CITY ZONING 1 2 SAID 17 77 ACRES AND M 4 160 81 PROPERTY DESCRIBED ON ATTACHED EXHIBIT A CONTAINING A PROVISION FOR REVISION OF THE CITY ZONING MAP CONTAINING A SEVERABILITY DATE Tabled from December 6 The Ordinance was read by title CLAUSE CONTAINING AN EFFECTIVE 2011 only Andrew Maurodis matter City Attorney stated that this is the first of two 2 readings on reading will be held on March 20th both will be public hearings hearing will be heard through the procedure for quasi judicial hearing The second the second Mayor Noland opened Daniel Mancini Mancini Trust the 15th Street Mancini Deerfield Inc zoning of the property County M 4 Powerline stated that they are objecting to the Deerfield Beach 1 2 to the down zoning Deerfield Beach objected to the zoning changes He further stated that they occupational license to allow for a crematory an already approved zone M 4 for this property He referenced an emission comparison report generated by a crematory equipment company which indicated that having a crematory gives substantially less emissions compared to a diesel truck or a restaurant He further read a letter in regards to the human crematory impact on the environment and the surrounding areas He outlined the impact that it would have which was minimum In closing Mr Renzulli restated that they have applied for an occupational license for this location and urged the Commission not to change the zoning Edward Renzulli 1805 S M 3 said that on behalf of the representing Carl and Summer Beach also International Jobson of Premiere Automobile Sales Broward but public hearing 3100 SW Property this have filed for Capitol Court Independence Bay Deerfield Beach stated that at the last hearing he addressed a few points regarding crematories At which time he 70 crematories that came from referenced pages regarding England Ireland Austria and other countries and the medical people from those particular countries stated that crematories should not be in a neighborhood community because they do produce vaporized mercury all the time and they have the burning process He further stated that he visited the crematory facility here in Deerfield Beach located on 40th Street and Mancini Way and on top of the buildings are two huge stacks at least 15 feet high He that it should not be built in a not because reemphasized only neighborhood community of the vaporized mercury and all the other problems to the human body specifically to Syl Melone 13 an I 9 Regular City Commission Meeting Minutes PUBLIC HEARINGS children He healthy 1 ST READING urged the Commission without any crematory February 21 2012 CONTINUED to pass the ordinance across so that they can live and feel from the lake Marcia Lamar 24 Capitol Court Independence Bay Deerfield Beach stated that the Waterways and Independence Bay residents were very happy for the outcome of the historic vote at the last meeting as the Commission listened to the residents She said that she thanked those bye mail that participated in the vote she also commended them for their courage She said that they anticipate that the Commission will finish what they started and apply the new ordinance to the property and hold strong for the residents of those two communities because they need the support Noland closed the Mayor public hearing Commissioner Ganz said that when we started the process he verbally asked the Commission that once this process was finished and the zoning established that they would make sure that area came under City control He said that this is the first step to doing that Motion was Popelsky made by Commissioner reading Item to approve first Bill Ganz and seconded by Vice Mayor Marty 11 Roll Call YEAS Commissioner Bill Ganz Commissioner Joe Miller Commissioner Ben Preston Vice Mayor Marty Popelsky and Mayor Peggy Noland NAYS None Mr Maurodis stated that the second reading will be held on March 20th and will be a quasi judicial hearing JUDICIAL QUASI PUBLIC HEARINGS Andrew Maurodis speak on City Attorney administered the oath of office to those wishing Hearings Items 12 16 to include staff ITEM 12 P H DIGITAL TIME STAMPED 08 14 38 2012 059 APPLICATION 97 B1 135 REVISION 8 CORPORATION an to the Quasi Judicial Applicant MCDONALD S bv RosanQela DeMello Proposal Site plan modification to demolish 810 square foot existinQ McDonald s plav land area and construct a 414 square foot addition to the restaurant with drive thru lane to create a an outdoor seatinQarea and to modify the existinQ side bv side drive thru confiQuration Location A portion of Parcel A LIVING LEGENDS CENTER 3901 W Hillsboro Boulevard more particularlv described in the file located at Tabled from FebruarY 7 2012 10 Regular City Commission Meeting Minutes PUBLIC HEARINGS JUDICIAL QUASI February 21 2012 CONTINUED City Attorney asked the applicant if he wished to waive the strict quasi judicial proceedings and briefly explained the procedures if they wish to waive Andrew Maurodis Craig McDonald Corporate Property Services on behalf of McDonald USA LLC 1239 E Newport Center Drive Suite 113 Deerfield Beach Florida stated that they will waive the quasi judicial proceedings Mr McDonald requested a site plan approval modification 3901 W Hillsboro Boulevard west of Powerline Road They are proposing to eliminate the play place area and construct an addition to the dining room in its place with a nice outdoor seating area They are also proposing to modify the side by the single drive through to create a side by side drive through By doing so they will be removing some parking that is along the north side of the building He briefly explained and highlighted on overhead the existing drive through and parking area He said that during lunch time the cars back up and block the parking spaces so they are not useable spaces Continuing Mr McDonald said that creating a side by side drive through configuration will allow more cars to get in the queue and when someone is not sure what they want to order in one lane the other lane can keep moving as they will have two people taking orders There are cameras in the back of the building to match the orders to the cars so that they do not miss or confuse any of the orders In addition they will create a strip area which will keep the drive through lane separate from the two way driveway that is immediately adjacent to the north in front of the other restaurants Therefore circulation will definitely be improved Additionally they are adding landscaping to the rear of the building which he outlined on the overhead In closing Mr McDonald said that they will also be modifying the elevations They have a new contemporary building to include remodeling the dining room and the bathroom an where areas it will be upgrade people can come in and use the Wi Fi Commissioner Ganz requested clarification installed frontage along Hillsboro Boulevard Scott Aklore on the new landscaping Landscape Architect explained that they currently with a couple of existing trees in the corner lines in the location There scattered the buffer now underneath that will be have overhead power and a couple that are smaller trees in the corner and a few that are existing on filled it in with silver buttonwood trees which FPL approved are some So they the power lines He continued to entertain questions regarding the landscaping Vice Mr Mayor Popelsky screen TV s is for taking away the 810 foot play getting it is not as big with video games that kids as s reason was area away from the playland areas for most of of demand for that He said that inside they will have McDonald said that McDonald its restaurants flat asked what the seem 11 to enjoy more which is the trend Regular City Commission Meeting Minutes JUDICIAL QUASI PUBLIC HEARINGS Vice the Mayor Popelsky said that liability on the outside Mr McDonald said that it is a CONTINUED he heard that other McDonald s were doing it because of corporate decision she too heard it Mayor Noland said that February 21 2012 was because of the sanitation it is not sanitary anymore Commissioner Ganz said that the tandem lines do not work very well in his experience Additionally he agreed that there is a situation where there is useless parking there because of the poor layout of the entire shopping center which he elaborated on The possibly be remedied through Code Enforcement at the takeout pizza place with illegal parking However he is not so sure if what McDonald s is looking to put in there is going to remedy that problem but it is not their fault that it exists and does not want to penalize them for being successful Nonetheless he does not agree with McDonald s or any other corporation that thinks that these tandem lines are successful because with his experience they have not been other issue which can Motion was made by Commissioner Bill Ganz and seconded Miller to approve Item 12 adopted Resolution 2012 034 Roll Call YEAS Preston Vice Commissioner Bill Ganz Commissioner Joe Miller Commissioner Ben Mayor Marty Popelsky Mayor Peggy Noland NAYS None and ITEM 13 P H 2012 065 Joe by Commissioner DIGITAL TIME STAMPED 08 22 48 SIGN CASE NO 710 Applicant McDONALD S CORPORATION bv Corporate Property Services Proposal Seekina the followinQ 3 VARIANCES from the provisions of the Deerfield Beach Land Development Code 1 additional buildinQ siQns on from Section 102 8 c sides of the buildinQ not frontinQ 2 in order to allow three 3 a street a 14 sa ft sign and 39 5 sa ft siQn on the east elevation and a 14 sa ft siQn on the north elevation The Code allows one buildinQ siQn per streetfrontaae 2 from Section 102 8 f 3 b in order to allow three allows 3 outdoor outdoor menu board menu 1 boards with two 2 order windows The Code order window AND 3 from Section 102 8 f 3 b 2 in order to allow the displav surface area of the menu boards to be 34 8 sa ft in size one per rather than the maximum 24 sa ft Location as permitted bv Code The siQns will be located at 3901 W Hillsboro Boulevard Andrew Maurodis City Attorney asked if the judicial proceedings 12 applicant wished to waive the quasi Regular City Commission Meeting Minutes JUDICIAL QUASI February PUBLIC HEARINGS CONTINUED will waive He said that Craig McDonald replied they 21 2012 they are asking for a few sign waiver variances pictures existing facility to show what they currently have First the request is for wall signage The maximum number of signs for the building is one 1 per street frontage They only have frontage on Hillsboro Boulevard therefore they are proposing the same size sign but a new sign on the front of the building there is currently an M which is 14 square feet and the play place is 84 square feet therefore they are proposing a single M 14 square feet and 39 5 square feet McDonald s which would be more appealing with the multi colors and the M put together on that side Currently they have a 14 square foot arch on the rear of the building west side and proposed to place the arch over the main entry on the north He said that it is a branding image for McDonald s and the new concept side Secondly the next variance they can only have one outdoor menu board per order window With side by side they will have two 2 menu boards with two 2 order windows They also have a presale board and asked for one not two at the beginning of the lane Third they are asking for a variance for the outdoor menu board the size The City s Code now allow for 24 square feet which is the size they currently have but it does not allow them to capture all of their food menus as the expending menu that McDonald s has today Mr McDonald summarized that they are requesting variances for the same menu board sizes that they currently have presale menu board and the three 3 wall signs He distributed of the Mayor Noland clarified that Mr McDonald indicated that the currently have is not conducive for their new menus Mr McDonald replied the 24 square foot yes menu they menu board that will not be able to advertise all of their menu they items on board Commissioner Ganz asked what the size of the existing replied 34 8 square feet if you do it will be 43 66 if you square off the metal framing Mr McDonald Commissioner Ganz asked if they were is panel by panel granted a He further stated that variance when they first came in there Mr McDonald say if a replied that he did not do any agreement approval therefore he was granted or if the City s code was different back then Commissioner Ganz said that the Gerald Ferguson Director of existing one is 34 and the code Planning Services said Commissioner Ganz said that they should not have they either applied 13 I cannot variance for requires 24 the maximum is 24 a variance or they got 10 feet that Regular City Commission Meeting Minutes PUBLIC HEARINGS JUDICIAL QUASI February 21 2012 CONTINUED Mr McDonald clarified that each of the drive through lanes has a canopy to protect from the weather and menu board to order from And there will be only one presale board at the beginning of the line the same exact menu Mayor Noland opened the public hearing public hearing Commissioner Ganz said that the side they want He asked if the Mr board There was none to speak She closed the lettering that they are looking to do on the east to do the actual arch and their logo the McDonald s lettering at the top arch is considered signage that Ferguson replied attention to the business Commissioner Ganz new sign by definition is anything that So that would be a part of the sign a spoke in opposition is intended to draw presale sign He said that it is not necessary policies of taking away play grounds and putting in more TV s and then wanting to expand the menu full of questionable food it is disturbing He said he will agree with the existing signage if they wish to go with it but he does not agree with the presale sign The rest is an improvement of the have He if the menu boards have created further asked Staff PlayPlace they currently He further commented on to the McDonald s any site issues thus far Mr Ferguson replied no Motion was made by Commissioner Bill Ganz and seconded Miller to approve Item 13 with the exception of the presale adopted Resolution by Commissioner Joe signage as amended 2012 035 Roll Call YEAS Commissioner Bill Ganz Commissioner Joe Miller Commissioner Ben Preston Vice Mayor Marty Popelsky and Mayor Peggy Noland NAYS None Mr Maurodis stated that the resolution in the Commission s package will be changed to reflect the reduced variance ITEM P H 2012 062 14 DIGITAL TIME STAMPED 08 29 43 APPLICATION 12 P 190 Applicant RAMCO ACQUISITIONS bv Jane Storms Proposal To plat a 0 886 acre parcel to be known as the TO BANK RIVERTOWNE PLAT Location 43 East A portion of the NW more of the NE of Section 7 Township 48 South RanQe particularlv described in the file located at 1011 S Federal HiQhwav 14 Regular City Commission Meeting Minutes PUBLIC HEARINGS JUDICIAL QUASI Andrew Maurodis wished to waive the Scott Backman February 21 2012 CONTINUED City Attorney asked if the applicant quasi judicial proceedings will identify himself and if he representing the applicant stated that they will waive that the next two Gerald Ferguson Director of Planning Services said together one is a plat and the other is a site plan Mr Maurodis asked Mr Backman if he Mr Backman had no objected to doing both items at the 2 items go same time objection Mr Backman stated that he is representing TO Bank and the property is RAMCO Acquisition the owner of the overall shopping center He referenced Continuing owner the overhead and identified the location Square Shopping Center The first of 10th Street Highway just application is a plat He commented on the site overhead as the existing Denny s Restaurant which is the proposed TO Bank site The overall larger shopping center is actually not platted At the time in which it was developed 30 plus years ago platting was not a requirement in Broward County for that particular development However part of the development plans for the TO Bank will include the demolition of the Denny s which according to current County planning rules requires a plat in order to construct a new building It does not require a plat for the overall shopping center but for the parcel that this being proposed for the development The plat is limited in nature just to a portion of the shopping center This is a ground lease not a purchase and will Mr Backman said that under remain part in parcel of the overall shopping center common ownership it is simply because of the Broward County platting rules in effect that we need to plat this portion of the property in order to construct the TO Bank located on as the Rivertowne the west side of Federal south Secondly Mr Backman outlined Item 15 which is the actual TO Bank branch that is being proposed He said that it is a plus or minus 3 000 square foot bank He outlined the proposed construction of the facility The most substantial improvement is the access and site circulation Currently the access point off of Federal Highway into the Denny s parking lot is almost immediately as you turn in off Federal Highway The plat and the development of the Walgreens just to the north of this require that the access point be moved in 100 or 125 feet which is a County requirement Therefore in working with City Staff and Broward County as a part of the platting process they redesigned and reconfigured the access point to move back to line up directly across from Walgreens across the way He said that it is a much safer condition for vehicles entering and exiting the shopping center onto Federal Highway as well as providing circulation into this area of the shopping center 15 Regular City Commission Meeting Minutes PUBLIC HEARINGS JUDICIAL QUASI February 21 2012 CONTINUED Commissioner Miller thanked him for explaining that the platting is due to the County s requirement but it is common ownership we did not want this to turn into another Cove Shopping Center which has multiple owners and is difficult to get anything accomplished He asked could it someday be sold separately Mr Backman clarified that However what is not the potential does exist to sale the done at the moment which is needed parcel separately paperwork to create a He said that is simple being separate tax parcel and actually subdivide to sell the property paperwork as there is no reason why that cannot be done Mr Backman further stated that the site has been designed in such a way although it is a part of the overall larger shopping center with the exception of cross access of which already exists and are in place throughout the entire shopping center including this parcel the majority of the City s development regulations have been complied with internal to this site In closing Mr Backman said that they meet most of the other development standards that would otherwise be in effect for this property Therefore the City would not be creating any problem if in fact that were to occur Commissioner Miller Mayor Noland said spoke in favor of the that she likes new TO Bank located there Denny s Commissioner Miller asked what the timing of the project is if it gets approved Mr Backman said if approved the engineering firm will begin the permitting application almost immediately He explained the platting application process which will take about 4 to 6 months to get through the County s process and have the plat recorded by that time they will be ready to pull permits and come out of the ground Mayor Noland opened public hearing Mr the public hearing Maurodis advised the Commission if 14 and 15 Motion was none to She closed the speak on both by Commissioner Joe Miller and seconded by Commissioner approve Items 14 and 15 adopted Resolutions 2012 036 and 2012 037 Ben they desire they can make a motion together was Preston to There made Roll Call YEAS Preston Vice Commissioner Bill Ganz Commissioner Joe Miller Commissioner Ben Mayor Marty Popelsky and Mayor Peggy Noland NAYS 16 None Regular City Commission Meeting Minutes JUDICIAL QUASI PUBLIC HEARINGS ITEM 15 P H 2012 063 February 21 2012 CONTINUED DIGITAL TIME STAMPED APPLICATION 08 B2 107 REVISION 2 TO BANK bv Applicant Bohler EnQineerinQ Proposal Site plan modification to demolish an existinQ 5 808 sQuare foot Dennv s a 2 964 sQuare foot bank with drive thru in the Rivertowne restaurant and construct SQuare ShoppinQ Center A 13 acre parcel described as a portion of the NW Y4 of the NE Y4 of Location 93 Section 7 Township 48 South RanQe 43 East more particularlv described in the file and located at 1011 S Federal HiQhwav Item 15 was discussed and approved under DIGITAL TIME STAMPED 08 37 07 ITEM 16 P H 2012 064 Item 14 APPLICATION 00 B3c 4 REVISION 1 Applicant MOSHE ZEEV bv James GilQenbach Site plan modification to add parkinQ and site improvements Proposal Location A 0 51 acre parcel described a vacant lot to the site plan with landscapinQ Tract A JERRY RIORDAN PLAT tOQether as with Parcel A ANTHONY S PLAT located at 4921 4931 N Dixie HiQhwav Andrew Maurodis City Attorney asked the applicant if he wished to waive the quasi judicial procedures James Gilgenbach representing the owner architect 1249 E Newport Center Drive Deerfield Beach replied yes he wished to waive the quasi judicial procedures He said they have an existing used car business that is occupying the southern portion of site and they are adding the northern portion to this site in order for the business to the site to display their cars Mayor Noland opened the public hearing There public hearing Commissioner Preston asked when the site was none to speak She closed Gilgenbach said that as soon as he finds the contractors to do it he right away he also mentioned there being some outstanding citations question 17 1 I 1 use the plan will be completed Mr In response to Commissioner Preston s approximately six 6 months to a year this Mr is going Gilgenbach replied that to start it will take Regular City Commission Meeting Minutes PUBLIC JUDICIAL QUASI Motion was HEARINGS February 21 2012 CONTINUED by Commissioner Ben Preston and seconded by Commissioner Joe adopted Resolution 2012 038 made Miller to approve Item 16 Roll Call YEAS Commissioner Bill Ganz Commissioner Joe Miller Commissioner Ben Preston Vice Mayor Marty Popelsky and Mayor Peggy Noland NAYS None GENERAL ITEMS ITEM DIGITAL TIME STAMPED 08 17 Resolution 2012 039 Beach Florida A Resolution of the City Commission of the City of Deerfield authorizinQ sole a antiscalantlantifoulant chemical maximum amount of was source for the purchase membrane of water hvp ersperse read by title MDC700 plant for the Techrioloqies Funds treatment 139 OOO do from GE Water Process from Account 401 5020 533 35 11 The Resolution 39 18 Chemicals only was made by Commissioner Joe Miller and seconded Preston to approve Item 17 adopted Resolution 2012 039 Motion by Commissioner Ben Roll Call YEAS Commissioner Bill Ganz Commissioner Joe Miller Commissioner Ben Preston Vice Mayor Marty Popelsky and Mayor Peggy Noland NAYS None ITEM Discussion 18 reQardinQ DIGITAL TIME STAMPED 08 39 44 time limit for public Requested bv Commissioner Ben Preston to speak at Commission Tabled from February 7 2012 meetinQs Commissioner Preston said that this actually started last year and over a period of time quite frequently public is addressing the Commission that the 3 minute time limit did not serve to be adequate He said that they all will have he noticed that three when the to admit that the three 3 minute time limit has past its time Commission extent the time to a maximum of five 5 He asked that the minutes with the discretion of the Mayor if the person is being redundant and repeating themselves their time will be up But for those that did not complete their thoughts the time will be considered He also asked that the Commission consider when the elderly people come up and by the time they get their thoughts together and begin t6 express them the time is up He further commented on those with speech impediments He asked that the Commission extend the three 3 minute time limit Mayor Noland said that she tries to give people hear comments from the other Commissioners 18 extra time when needed She asked to 1 r Regular City Commission Meeting Minutes GENERAL ITEMS February CONTINUED Commissioner Ganz said that he thinks that three plenty of time to and outlined his speak voted and 3 minutes for written requests is for such to include preparation to reasoning address the Commission He further commented that 21 2012 the time when on that the three they speak minute time has 3 on items its being agreed day Unfortunately we cut people off when they are getting to a point however if they have a point to be made and they are getting to that point and being abruptly cut off because of the three 3 minute rule Although the Mayor has been very liberal with it which is good consistency is needed He suggested keeping the three 3 minutes and extent it to four 4 minutes up to five 5 minutes max as long as they are getting to a point If they are redundant and they are not we move forward with that motion He also suggested that this apply to the public to be heard at the end of the meeting to allow 4 minutes In summary Commissioner Ganz suggested that under written requests at the beginning of the meeting to allow three 3 minutes discussion on public hearings and at the end of the meeting will be a three 3 minute time frame and extended to four 4 are minutes up to five on 5 seen minutes Commissioner Preston recommended that the time be extended to four 4 with a maximum of five 5 minutes and not to keep the three 3 Commissioner Ganz asked if Commissioner Preston minutes then 4 minute then four three 3 minutes from the a Commissioner Preston Andrew Maurodis amended Mayor a five 5 s minute minutes concern is that taking three 3 they as the rules will have to be beginning replied correct City Attorney requested clarification it to five 5 this in Tallahassee that will have minutes with the minutes Commissioner Preston asked that the Commission consider five Mayor Noland said that if will be worried about the Noland clarified that the motion would be to extent it to four 4 discretion of minutes maybe an a effect moot point due to some 5 minutes rules that are changing up on us Mr Maurodis said that there is public debate and a bill in legislature being considered with mandatory requirements on the City as commissioners However we do not know what it is end but it is to a mandate exactly going up happening Commissioner Preston mandate takes place suggested that we address this matter to address it at that time r 19 now and if the State Regular City Commission Meeting Minutes GENERAL ITEMS rude many times that we are cutting people off allow to continue beyond the three 3 minutes are there others therefore the current trend is not consistent nonetheless he understands it seems are we items that 4 vote on to give He agreed people to gather their thoughts etc he is willing to compromise to four 4 and for 5 Therefore he recommended allowing four limit to allow the with there being merit in having Even though he likes the three 3 min a we 21 2012 CONTINUED Commissioner Miller stated that there and it February s them five minutes and at the Mayor s discretion to extend the time if needed In summary Commissioner Miller said he would like to go vvith the four 4 instead of the five 5 and maybe longer on the quasi judicial or items that are being voted Commissioner Preston asked what is wrong with the five is being redundant to inform them to wrap it up Discussion pursued regarding Commissioner Ganz stated that he does not agree with Motion a minutes and if the person 5 the extension of time to allow on a person to speak wide open five 5 minutes by Commissioner Ben Preston and seconded by Commissioner Joe Miller to approve extending to 4 minutes with a maximum of 5 minutes at the discretion of the Mayor was made Vice Mayor Popelsky said that three 3 minutes is more than enough Notwithstanding we always left it up to the chairperson to decide if we should go beyond that If If a somebody has a point to make the Mayor has allowed them to continue wishes allow Commissioner to the person to continue they request to have their time extended He said that if we allow more than 3 4 or 5 minutes then you will request 10 minutes therefore he recommended staying with three 3 minutes He furthe stated that under the three 3 minute time limit we understand almost immediately what they are saying but if they are redundant we do not cut them off after three 3 minutes but if the Mayor wishes to allow them to continue speaking then to do so Vice Mayor to we the outline his reasoning why should uphold three 3 minute Popelsky continued rule as opposed to extending it have Commissioner Preston said that he has seen people cut off at three 3 minutes even though they did not complete their thought while others are granted extended time Therefore we do not have a good rule Commissioner Ganz asked that the motion be clarified The motion was clarified Roll Call YEAS Commissioner Bill Ganz Commissioner Joe Miller Commissioner Ben Preston and Mayor Peggy Noland NAYS Vice 20 Mayor Marty Popelsky Regular City Commission Meeting Minutes GENERAL ITEMS February 21 2012 CONTINUED DIGITAL TIME STAMPED ITEM 19 08 55 12 A Resolution of the City Commission of the City of Deerfield Resolution 2012 040 Beach Florida authorizinQ Staff to apply for a Coastal Partnership Initiative CPI Grant from the National Oceanic and Atmospheric Administration NOAA administered bv the Florida Department of Environmental Protection for approximatelv 30 000 00 for dune installation alonQ the coastline MatchinQ Qrant proQram fundinQ pendinQ approval The Resolution was read by title only Commissioner Miller said that in considering this item he walked on the beach with Tuesday and advised him that he likes the idea of a compromise by dunes in certain locations But since then he has spoken with a lot the put in which he listed many business owners on the beach He said that he is against it Commissioner Miller said that with the unique view that we have Chad Grecsek on to agreeing of people absolutely there is nothing like it a quarter to a half mile We have nature on both the north and south side of the beach which is very unique He further stated that he walks the beach on a daily basis and commented on the view of those in wheelchairs because with this where would the beach do viewing the ocean He further commented on the many people that sit on the grass because they do not want to be in the sand but they like the beach He said that our beach is unique for 50 miles which makes us special Although it will be more maintenance they only put up the black nets maybe 4 to 6 times a year He spoke in favor of leaving it like it as is as it brings in tourist dollars and there is nothing like our beach vegetation they see Commissioner Preston said that when there is beautify because listen to be if the So beaches it is a good good idea However an we to receive funds to aide in opportunity money to have to look at the entire issue improving the City we must also residents He said that he goes to the pier a lot and envisions how it would vegetation were installed in the central part of the beach and he did not like it listen to the s Day come he heard to Deerfield people and of the beach view s people commenting on how nice the beach is beach because of its view the pier and on the south end of the beach recommended that the central part be left like it is Commissioner Ganz requested type of dune by the Thereafter he He said began to they repeatedly stated that they come to this beach for the He suggested if we can get the money and install the dunes around some to receive our people beauty it is although Founder on that our exclude them from we clarification if restaurant Commissioner Miller said that is going to be 21 he is by permitting in favor of that we are required to but put in February 21 2012 Regular City Commission Meeting Minutes CONTINUED GENERAL ITEMS Commissioner Ganz said that is not what was stated by Commissioner Miller He said it is understanding that we are required to put it over there otherwise the general consensus is to not put it in at all But we are required to do it therefore we do not want to say no Thus he recommended that we pursue the grant because we are required to go on a portion on the north side of the pier He asked Staff if the vegetation dunes are required to be installed in some portion City Manager said that is the International Fishing Pier required by Protection yes we do have to put a dune in Burgess Hanson Commissioner Ganz said that therefore whether we He said that the Florida part of getting the was a want to do it correct or not we are as a requirement for Department of EPA to sign off to do that required Environmental permit suggested on our He pursuing the grant He agreed that we do not need to put it in any other area except where we are required to do so for this particular project He further stated that it does not belong on the central beach it does not belong anywhere else Additionally Commissioner Ganz said that he would like to see some restrictions on exactly what will be installed Although we have some verbal ideas this is the first drawing we have received Notwithstanding we know what people want and we know what the beauty of our beach is However he does not want us to kill a grant that we need because it helps pay for better signage and other things we are required to put up Commissioner Miller asked for a clarification because in the takes into consideration the plantingsthat we have to do Mr Hanson said that the CRA budget does in fact have it we can get money from another source budget but for construction why spend it CRA money when Commissioner Miller in favor of He said that he was a construction spoke thought it using the grant for only where we are required to given that the planting was going to go in the new area Mayor Noland said that it would be put where Commissioner Ganz said that he wanted to we only put this where clarify mandated to install the dunes this and agreed we are etc 22 to with Commissioner He further put required asked if we are able to keep it within the perimeters where we are required to do it because there is some concern about whether or not we are going to be able to contain He He said that the natural progreSsion of foot traffic will squelch it this in that area in there what are to in there what we are to we asked put going put required exactly Miller that need to we are in there Regular City Commission Meeting GENERAL ITEMS February Minutes 21 2012 CONTINUED Vice Mayor Popelsky agreed with what has been said He said that Staff recommends the installation of dunes vegetation in strategic locations along the City s coastline to protect the coastal infrastructure reduce beach erosion reduce maintenance cost and promote education and awareness and suggested that we leave it up to Staff to make the recommendations and report back to the Commission rather than deny the money He suggested that we apply for the grant match the funds and determine where the vegetations should go Commissioner Miller said that he believes it is defined where the where the permit allows it to go no further vegetation goes only exactly the reason why we brought it up a couple of weeks ago because we knew it was going to create this type of issue therefore we wanted to get it out to the public and to the Commission to make a decision before we apply for a grant When we apply for the grant we want to be able to inform them of all the details of this project Mr Hanson said that this is Chad Grecsek have Assistant Director of Environmental Services the to do authorization said that without the the we would not dune pier project vegetation we that flew up to component absolutely something they required Tallahassee and that was something they were not going to budge on This is a grant to allow us to use some federal money to augment what we are going to do as a part of He said that the pier project and save some of the CRA money for something else there will be some signage that we can do and a variety of dune vegetation that will be put in there which much of it is spelled out in the pier plans already gotten He said that it was Commissioner Miller asked if in the to do with the money and where Mr Grecsek said that there is this is when do a we application do we are going to spend with what we have as apply if Mr Grecsek said that we we can no the beach match do not want the dune we get federal money have to do this Commissioner Miller said he has intend flexibility in the grant He further said that guarantee that we are going to get this money 30 000 so it will not go very far but will help us part of the Commissioner Miller reiterated that beach but is wise to on we no we more it exactly what level of some there is competitive grant apply for it He said that it is so tell them to help along the rest of the us regardless objection Commissioner Ganz asked what is drawn on 23 to proceeding the map the with the grant portion required to the south Regular City Commission Meeting Minutes GENERAL ITEMS Mr Grecsek stamped he He said that it is the replied absolutely their approvals expressed concern on Mr Grecsek said that dune people that the State he agrees that the money is not going to go very how far this vegetation is going to go beyond this He although perimeter we have to make wild like some people suggested there it is not approved plan on asked what kind of not run 21 2012 CONTINUED Commissioner Ganz said that far February going vegetation is going Therefore to grow sure that it can be contained and does to grow where people aren t If there it basically controls itself Commissioner Ganz said what required are we are happens if it gets beyond the bare minimum that prevented from manicuring that and keeping it contained is is it protected Mr Grecsek said once a dune is installed it is Commissioner Ganz said that are we once prevented from changing protected the dune is in and the that vegetation starts to a part of the system Commissioner Ganz asked what is likely out course Mr Grecsek said that if you read the letter of law that would be considered dune finger less required what type of vegetation would be to travel Mayor Noland asked that Harold have better idea a Mr Grecsek said that the this area project Commissioner Ganz said that the where we are sort of Hoyt City Landscape has consensus some research to who is very well versed in of the Commission is that we have to put it area Commissioner Preston said that we must also understand that to go after grants to improve our City remember what the residents want He landscape architect do required to put it and no more Additionally we would like to see some vegetatior plant that does not travel out beyond those perimeters and infest the 1 rest of our beach solved a Architect referenced the suggested eliminating one backup it does not He further that there the central part help us if although is it is a idea good happy problem is already possible locations and no one we must stated that the are three 3 of the beach and asked if that is correct 24 Regular City Commission Meeting Minutes GENERAL ITEMS February 21 2012 CONTINUED it is the decision of the Hanson said that Commissioner Preston is correct Commission to direct staff where they would like staff to apply for the grant as far as the Mr location which is why we are exercising this process suggested that the motion indicate that we are applying for the grant and the dunes vegetation is to be put only where it is mandatory from the EPA why we are doing the new pier and the bait house This will eliminate where the vegetation will be Mayor Noland installed Commissioner Ganz said that he would like to make the motion and asked if specify what Mr Grecsek type o vegetation replied no we need to will go there there is flexibility In response to the public s comment but by State Law we have to put the is that the money would be used Mr Mayor Noland said that we know what you want vegetation in The consensus of the Commission for that area only no other area on the beach Hanson said that it is for sand dunes signage to that on on large signs on that part of the beach but we can use the parts of the beach which will be used for educational signage similar along the coastal system Nor are we talking about small signs other Red Reef Park habitat but by Commissioner Joe Miller and seconded by Commissioner Bill application for the grant and use only for necessary places where we agreed to put the dune vegetation where DEP permit requires and restrict the type of vegetation to make sure that it can be self contained and the signage Motion was made Ganz to approve an Roll Call YEAS Commissioner Bill Ganz Commissioner Joe Miller Commissioner Ben Preston Vice Mayor Marty Popelsky and Mayor Peggy Noland NAYS None ADMINISTRATIVE ACTIONS AND CITY MANAGER COMMENTS City Manaaer No Report City Attornev No Report City Clerk Report No 25 Regular City Commission Meeting Minutes February 21 2012 COMMENTS BY MAYOR AND COMMISSIONERS Commissioner Miller Little Leaaue Backaround Checks stated that last year the Commission approved that any coaches children need Levell or adults that work with However he asked agreed be a new they only required to have a Level 1 once they have already passed a Level II background check as it is putting a burden on the families and sponsors of the Little League He said that it is his understanding that it cost about 5 000 to retest the same people that have coached the year before Additionally they have agreed to do Level 1 s which will show an arrest within the last year notwithstanding he did not realize the burden the original motion requiring a Level II every year would place on the league Therefore he suggested the original Level II to participate followed by Level 1 s which are less expensive considering that the City is not able to help the funding for them This has placed an unfunded mandate on them which they cannot afford at this time a background that the Commission consider check which he Commissioner Miller with motion that Commissioner Ganz expressed his concern with this matter He said that this is one of government makes with a knee jerk reaction and starts backtracking on stuff notwithstanding we are dealing with a lot of misinformation that is out there He expressed dissatisfaction with the information that has been given and what has been taking place This late hour Little League opening day is this weekend and we are still at this issue when they have known about this for some time He further commented on the e mail from the League s president as well as other letters that were received from other participants the mistakes that Continuing Commissioner Ganz said that it is a good policy that we put in place a Level II background check As we have seen what happened within the City s limit with the when a contractor s employee molested some kids in Quiet Waters Park thus County the decision was good Last year the Little League s tab was paid by the City of Deerfield Beach as well as the other athletic leagues because it was an unfunded mandate on them However they have known all this time that this was required at least since December according to e mails Yet funding becomes an issue when it is near opening day Thursday a week before opening day He listed reasons why this could have been delayed by them but stated he hopes that is not the case to say that Level II background checks are wrong Moreover Commissioner Ganz stated that the City of Deerfield Beach will be like many other cities requiring Level II background checks Consequently if you wish to hand out desserts at an elementary middle or high school as a volunteer parent you are required by law to have a Level II background check The fact thatwe are using middle school fields and have coaches stepping on those grounds is more of a sign of mismanagement in the Parks and Recreation division up until this point than anything else It is required that if you use those fields a Level II background check is required The City of Fort Lauderdale requires it yearly because you do not have one Level II background check in your life and then have free range to do whatever you want in that time period Nevertheless he agreed that it is an unfunded mandate So as a 26 Regular City Commission Meeting Minutes February 21 2012 COMMENTS BY MAYOR AND COMMISSIONERS partnership and as a City that has made it right thing by requiring Level II background that it is not fair to priority a checks to we protect our children and do the need to subsidize that He said organizations He further commented on coming advising League baseball has about 80 000 in reserves in their bank This was confirmed by the then Parks and Recreation Director George Edmunds Not knowing that it was an unfair burden on them and assuming that they had the money the first priority was protecting the children whereby it should have been in their budget He said that may have been an unfair assumption Based on the letter that he has seen it appears that Little League is not financially sound and it is becoming an increased burden to maintain their solvency regardless of this 5 000 cost that is being imposed on them He said that we have had ex coaches some put that full burden CONTINUED on these to him and him that Little statements that Commissioner Ganz stated it is his understanding that through and suggested that the City 400 1 League approximately not just for the Little League but for all of the youth athletic leagues because pay 50 the City made it a priority and should share in that burden as a partnership He commented on the City s expense wherein the leagues are not charged to use the City s field and has free use of everything that the City owns which is not the case in other cities He briefly outlined the City s expense for full time staff 10 000 part time 14 used is 10 000 There no for maintenance of the staff 000 and power is change ball field He suggested that the City began to seriously look at some of these leagues are that struggling to make ends meet that we take it over We do not ask for the What we ask for is a books or how much they bring in for concession stands etc safe clean organization Additionally donations the In has collected League is essential to the City of Deerfield Beach as is football and any youth athletic league that is not already being funded by the City and not under our umbrella but is an outside organization that we seriously consider putting that under City control By doing so we will know exactly what is being spent and if we mandate a Level II background check we cover the bill He reiterated that we need to make it a priority and determine what we want to do He that this be now no resolved between and this He said he has suggested Sunday objection with the assisting with money for the Level II background checks but if it doesn t happen then it doesn t take place He recommended that the rules be clarified that Level II background checks will be required every year In addition to clarify that if the coach participates in soccer and gets a Level II background check then it does not have to be repeated for Little League a month later 120 days is the standard but will leave Staff to clarify what would be a good amount of time He said that this is a good the Commission because it is an unpopular thing or not to change policy and urged because it becomes a problem down the road The issue here is financial and not the policy closing Commissioner Ganz said that Little I 27 Regular City Commission Meeting Minutes COMMENTS BY MAYOR AND COMMISSIONERS Commissioner Preston said that children error then he is inconvenience it is the going on one to 21 2012 February always CONTINUED come first If some think that this is an the kids He said that it dm be an and others want to get involved with kids parents must understand that there is a responsibility on the side of err on the side of hand but when good thing hence we City to make sure that those a children are protected Commissioner Miller said that he is in favor of Level II and had the distinct impression that a Level I would show if a person was arrested or had done something and disqualified him herself Therefore he suggested that all coaches and volunteers must have a initially thereafter they can do a Level 1 He said that these are people This will still allow us to h Ve safe coaches which is what he that want to serve Level II desires along with fiscal responsibility In response to the Commission s question Sharon Cruz Assistant City Attorney stated that a Level II is a nationwide search and a Level 1 is just through the State of Florida Mayor Noland said that they could have gone to New York and done something registered here in the State of Florida which is why we require a that she hopes the Little League understands why it is required would not have II She said and it Level Commissioner Ganz checks for every partnership Motion that was Miller to pay and for every of the Level II background suggested that the City fund 50 in the Beach He said that it is a part of the league City of Deerfield we have with these groups made by Commissioner Bill Ganz and seconded 2 500 00 towards the Level II league in the City to background by Commissioner Joe checks for the Little League be consistent Burgess Hanson City Manager said that to cover all Level II background checks for all leagues in the City of Deerfield Beach at a 50 cost it will be approximately 15 000 00 annually Commissioner Ganz said that he thinks that is support a worthy investment and is willing to that Roll Call YEAS Preston Vice Commissioner Bill Ganz Commi Mayor Marty Popelsky and sioner Joe MiII r Commissioner Ben Mayor Peggy Noland NAYS None Noland stated that next year the City will pay 50 and they will have to come up with 50 for the level II background checks Additionally they mList come up with the rest of the money Mayor Commissioner Ganz said that it is of outside organizations that 1100 that are more they must come than willing to assist 28 up with there are plenty Regular City Commission Meeting Minutes February 21 2012 COMMENTS BY MAYOR AND COMMISSIONERS CONTINUED Commissioner Miller stated that he likes the Temporary Restrooms at the Pier the new the contractor etc however there is one thing that is absent of planning pier problem notwithstanding someone was arrested a week ago off the pier related to not having bathrooms He said that he spoke with Julian Felder and suggested a temporary facility on the east side of the building be constructed to let people enter the building on the ocean side he had no objection He asked the Administration to look into this matter restrooms for the fishermen He said that this is a City Manager said that they are working on something as they know it is an issue and they certainly do not want to provide an inconvenience for the public so we are working on something but would like it to be less obvious He said that we do Burgess Hanson need any Commission Commission action not Vice but the Administration will Mayor Popelsky suggested working Commissioner Preston out something with the report back to the Wyndham Restrooms for An lIers Public Commissioner Preston at the restroom issue as he had discussed this thanked the City Manager for looking Klopp Assistant City Manager but he had mostly to do with Anglers However he did not think about the many people who pay to visit the pier and took their kids to the restroom He shared that the other day he witnessed sight seers on the pier and the kid was crying because he had nowhere to go to the bathroom and expressed opposition to this He said that we can do better He further stated that his matter with Keven initial concern was of fishermen and now for fishermen because he fishes and how inconvenient it is for Moreover there people pay to go on the pier and there a lot restrooms before were are none District 2 MeetinCl Commissioner Preston announced that there will be meeting Friday February 24 2012 at 7 00 p m a District 2 he invited District 2 at Westside Park residents and friends to attend Mavor Noland will be held on District 1 MeetinCl Mayor Noland announced Thursday February 23 2012 at 7 00 p m that in a the District 1 meeting City Commission Chamber Commissioner Ganz public for Marissa attending District 4 MeetinCl and Commissioner Ganz thanked staff and the in his district assisting He specifically thanked meeting great job that she does Constitution Park for all of her assistance and the Commissioner Ganz Operate a City like a Business Knee ierk Commissioner Ganz said that he loves the level of discussion that that it is easy to have information seems to a knee run people just complicate reaction to we had reaction tonight and of the stuff But for whatever reason jerk wild out there Sometimes some of the stuff is so simple but it for whatever some reason 29 although they do not intent to sometimes Regular City Commission Meeting Minutes February COMMENTS BY MAYOR AND COMMISSIONERS it He mentioned that happens 21 2012 CONTINUED people always talk about running the city like a business but you cannot do it One of the main reasons is that some employees think they do not have to follow policies or rules from their boss by circumventing the process and to the community or the commissioners He informs you of a policy and you do not like it going said that in private a sector if and the employee goes to the your boss customer and asks them to go to the Board of Directors and have them change the rules the employee s would end up in the unemployment line In closing Commissioner Ganz said that he is getting a little tired of some of the shenanigans that are going on around here People do not realize how good they have it There are rules and they are not to go ahead and find an alternative to buck something that you do not like simply because there are politics involved He said that is why cities and all sorts of governments get in big trouble because the cities are made based on politics and not by good sound business decisions Therefore he would hope that it comes to an end quickly because he would love to start introducing people to the private sector because they will soon find out what the reality of the situation is Mayor Noland agreed where are we with Commissioner Ganz and said that need to allow sharing with the some public on of those things Commissioner Ganz said that it is not Nor is it information do things right to employees are going that right to especially Mayor Noland said that it gets to the point to address the Commission that they on put people against each other with false put Commissioners against each other He said that it would not be stood for in the stood for here maybe when people get what they she could not agree with him private paid it is not the way to sector and should not be are more Deerfield Beach Little LeaQue Mayor Noland announced that the Deerfield Beach Little League opening ceremonies will take place Sunday February 26 Mavor Noland 2012 at 3 00 p m at the Deerfield Beach Middle School Athletic Green Market Mayor Noland announced that Sunday February 26th from 8 00 a m to 1 00 theme will be an Complex the Deerfield Beach Green Market is p m through April 1 st This month s orchid show 65th Founders Dav She commended the Founders Day Committee and all the volunteers for an outstanding job She provided a brief history on Founder s Day as she was involved when it was saved back then when i was called Cracker Day Parade The Lions Club got to the age that they could not do it anymore and the Committee took over just the parade then years later they could not do the barbecue at Pioneer Park because the Lions Club lost their membership with age etc therefore they anymore need young people to join The members on the committee are getting to the age where they are tired She said that Pat Miller who organized and lined up the parade spends 30 I I Regular City Commission Meeting Minutes February 21 2012 COMMENTS BY MAYOR AND COMMISSIONERS six 6 weeks participation nearing the parade on the computer and phone daily to confirm parade She said that it is a lot of work and dedication opened District 4 line up in the New Businesses that CONTINUED in District 1 We Noland announced that there Mayor are opened in District 2 five upward movement not to mention four 4 seeing 6 new businesses 5 in District 3 and nine 9 in were an six an upward movement in gas Mavor Noland other night they McKeithen Park Fire at Jonathan McKeithen Park Mayor Noland stated that the received a text informing them that one of the pavilions at the Johnie was on fire There is approximately 80 000 to 100 000 worth of damage Both she and Commissioner Preston showed up on the scene and the neighbors were upset that this was happening to their neighborhood park This park pavilion and bathrooms were renovated approximately a year ago and the fire damaged the roof There were many at the scene that expressed their concern field and they drive regarding the drug sales in the neighborhood There is an empty st back and forth and Terrace to Deerfield Avenue and they are selling drugs Therefore she spoke with Chief Sudler and he is putting more protection out there She said that the safety of the children is the number come from one side to the other from NW 1 priority in this community We are not going to tolerate drugs being sold anywhere City let alone next to our parks or our schools She reemphasized that This is not going to be tolerated in the City of Deerfield by anyone of the Commissioners or She said that Johnie McKeithen Park Mayo Howard Park Pioneer Park and herself Sullivan Park we are watching you and we are putting a stop to it one in the Black Heritaae Black Heritage Women History BanQuet Mayor Noland announced that the annual Women s History Banquet will be held on Saturday March 3rd at Westside Park at 7 00 p The celebration is m salute to Hometown Heroes a Mayor Noland thanked Staff for all the great things that they doing helping try and pull this community together She further stated that she is proud to sit on the dais with these fine gentlemen Additionally she stated that it is an honor to serve as Mayor of this City and to serve with her fellow Commissioners She said that all though they sometimes make mistakes they are doing a great job Acknowledament of Staff and are to Commissioner Ganz staff place an item on B 3 Indoor Recreation the agenda to discuss a requested that 3 zoning which Commissioner Ganz minor change to our B would allow indoor recreational usage City Manaaer Founders Founders Dav Burgess the City Hanson City Manager thanked the Mayor for all their Commissioners and well Day Committee hard work with Founders Day He also thanked Staff that volunteered their time to He said that make three 3 floats this year for the parade and to walk in the parade as as 31 I Regular City Commission Meeting Minutes February 21 COMMENTS BY MAYOR AND COMMISSIONERS the employees took time out of their personal CONTINUED schedule to This shows their commitment and dedication to the 2012 participate community in this activity PUBLIC TO BE HEARD 19th Avenue Deerfield Beach thanked the Commission for voting as they did tonight on the dune vegetation She further stated that she takes exception that Commissioner Miller did not feel comfortable mentioning the hard work that the Save Our Beach did to prevent this Although they do not need accolades she is tired of them getting a bomb wrap that they do not do the rightthing Beach Dunes Rita Masi 19th Avenue Deerfield Beach thanked the Commission for their vote tonight regarding the beach dunes She further stated that time and time again over the 12 years in which she has been fighting to protect this beach events happen where there is no public input They first heard of the grant at the last City Commission meeting which there was virtually no backup information nor was there an opportunity for the public to speak nevertheless they were able to review the backup information Friday before the Commission meeting When you are talking about making those kinds of changes to the beach it should be automatic by this time Beach Dunes Pam Militello that Staff should step back plantings not on 884 SE She further stated that this this beach that would forever change was a the character of decision to make our beach This is decision that you can take out the plantings six 6 months later if we don t like them This is a dramatic decision for our beach She said that people love the open access that is why they come here She urged the Commission that when it is related a to the beach that grant public they allow the public to get involved She said that in this case the discussed and two 2 weeks later a vote but never a workshop for the input She thanked the Commission and the public for their input was Burgess Hanson City Manager stated that he takes exception to that because Staff did in fact bring it He indicated that staff was open with this project and brought it to the attention of the Commission He commented on the timeline that they have to apply for the grant which was not a lot of time Therefore the discussion was to present it to the Commission at the first meeting in February to allow the public to be aware of it and to exercise their democratic rights and address their concern with the Commission prior to the agenda item tonight He said that this was not put on the agenda in the manner in which it was to not get public input but quite the opposite Mayor Noland project said that the Commission knew what the 32 public s feeling was on this Regular City Commission Meeting PUBLIC TO BE HEARD February Minutes 21 2012 CONTINUED Mary Beiriger 31 Oakridge C Deerfield Beach thanked the Commission for their support She requested that they be allowed to meet with Staff to discuss other alternatives to the sea oats rather than a plant that is almost invasive in the way it spread She asked is there a possibility to get vegetation that does not spread too much Beach Dunes Mr Hanson stated that that they Ms Beiriger said that they are open to ideas and input from the public and suggested meet with Staff 60 000 is too much for the sea Mr Hanson advised that said money is also for the oats design and installation Beiriger said that she hopes that the City takes into consideration what the spread might be and to consider an alternative that will be acceptable by the EPA and satisfy In this their legal requirement and yet not be as offensive as sea oats can be sea oats are She thanked Miller for his offensive Commissioner particular application Ms support as well as the other commissioners Dreyer 884 SE 19th Avenue President Deerfield Beach Island Community Association expressed concerns with regard to the turtle lights He said that they did not expect the lights to come down by the pier on the west side of the street but assumed that they would remain there He further stated that the lights were very beautiful to the community but they lost their banners He further stated that there is a security issue with regard to the lights Turtle Grant Mark Dreyer said that Ocean Harbor SE 8th Street and Ocean Way but prior to the owns a beautiful strip of land on the beach where they have tiki huts turtle lights going in there was a small hedge about 4 or 5 feet and maybe a fence He said that tb ywalk this area daily and prior to the fence coming down which he believes the City put up for Ocean Harbor you can see the ocean arising it was not He commented on the huge privacy fence in which he believes the City intrusive installed in return for the turtle lights they have hedges there that had to be taken out He said that the fence is intrusive He complained about a privacy fence on a public walk way which does not meet City Code due to the height The fence cannot be more than 6 feet high and it is blocking the view He asked that Code Enforcement looked into this and made sure that it meets City Code so that it doe s notblock tl e iyofthe vie View of the Beach Mr beach Turtle LiQhtinQ Rod Cornelius 233 SE 21st Avenue Deerfield Beach agrees regarding the lighting and is not sure if anything however they have had substantial security issues 33 can said that he be done to change it Regular City Commission Meeting Minutes PUBLIC TO BE HEARD February 21 2012 CONTINUED Beach Dunes Mr Cornelius thanked Commissioner Miller for his comments on the sea oats He said that he wonders why the DEP imposed the requirements on the City and asked if went too far with the we could there be compromise a footprint He said that with the sea grapes that if the can sea oats seem to multiply be maintained and trimmed Mr Cornelius said that he has not attended a Extension of Time for Public Input commission meeting in a couple of years and noticed that there has been a change He said that there seems to be a lot of camaraderie and cooperation He commented on Commissioner Preston recommendation s comments to extend the time reconsider Commissioner Preston minutes Mayor as it is s on many to 4 request things minutes but thanked He to extend urged public to be the for the Commission to heard to five 5 important Noland clarified that they approved discretion to extend it to five 5 to extend the time to four 4 minutes with the minutes total Marge Hilton 1101 SE 5th Court Deerfield Beach thanked the support tonight regarding the vote on the beach dunes She said they appreciate the fact that the Commission listened She said that it was not just Beach Dunes Commission for their that him the SOB s but the citizens of Deerfield Beach which is what it is all about Mayor Noland stated that the Commission has another meeting AIDJOURNMENT There being no further business the meeting adjourned 34 at 10 00 p m
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