02/21/2012 - Deerfield Beach

Transcription

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
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
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
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
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
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
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
Resolution 2012 025
Beach
Florida
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
CONSENT AGENDA
CONTINUED
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
ITEM 4
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
A Resolution of the
the City of Deerfield
429
11
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
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
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
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
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
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
approve Item 9 adopted Resolution 2012 032
was
Preston to
CAPER for HousinQ and Community Development ProQrams
read
Mayor Noland opened
public hearing
Motion
approvinQ the ProQram Year 2010 Consolidated Annual Performance
and Evaluation Report
The Resolution
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
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
Preston Vice Mayor Marty Popelsky and Mayor Peggy Noland NAYS None
8
PUBLIC HEARINGS
ITEM
P H
THE
1 ST READING
February
21 2012
CONTINUED
11
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
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
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
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
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
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
Mayor Peggy Noland NAYS None
and
ITEM 13
P H 2012 065
Joe
by Commissioner
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
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
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
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
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
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
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
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
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
Mayor Marty Popelsky and Mayor Peggy Noland NAYS
16
None
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
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
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
Preston Vice
GENERAL ITEMS
ITEM
DIGITAL TIME STAMPED 08
17
Resolution 2012 039
Beach
Florida
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
ITEM
Discussion
18
reQardinQ
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
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
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
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
mandate takes
place
suggested
that
we
address this matter
to address it at that time
r
19
now
and
if the State
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
Preston and
Mayor Peggy Noland
NAYS Vice
20
GENERAL ITEMS
February 21 2012
CONTINUED
DIGITAL TIME STAMPED
ITEM 19
08 55 12
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
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
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
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
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
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
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
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
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
ADMINISTRATIVE ACTIONS AND CITY MANAGER COMMENTS
City Manaaer
No
Report
City Attornev
No
Report
City Clerk
Report
No
25
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
February 21 2012
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
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
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
Minutes
February 21 2012
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
out
something
with the
report back
to the
Wyndham
Restrooms for An lIers Public
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
February
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
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
February 21 2012
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
February 21
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
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
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

02/21/2012 - Deerfield Beach

Transcription

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