01/15/2013 - Deerfield Beach

CITY OF DEERFIELD BEACH
REGULAR CITY COMMISSION MEETING MINUTES
Tuesday January 15 2013 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
Present
at 7 05
Commissioner Joe Miller
Commissioner Ben Preston
Commissioner
Marty Popelsky Attended by Telephone
Mayor Bill Ganz
Mayor Peggy Noland
Vice
Also
Keven
Klopp
Assistant
City Manager
City Attorney
Ada Graham Johnson MMC City Clerk
Present
Andrew Maurodis
Absent
None
INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation
followed
by
the
was
offered
Pledge
by
Pastor
George Bowles Bread of Life Christian Center
of Allegiance
APPROVAL OF THE MINUTES
Regular City Commission Meeting Minutes December 4 2012
Special City Commission Meeting Minutes November 29 December
January 2 2013
18
2012 and
by Commissioner Ben Preston and seconded by Commissioner Joe
Miller to approve the Regular City Commission Meeting Minutes of December 4 2012
and the Special City Commission Meeting Minutes of November 29 December 18
2012 and January 2 2013
Motion
was
Voice
Vote
made
Commissioner
YEAS
Commissioner
Marty Popelsky
Vice
Joe
Mayor Bill
None
1
Miller
Commissioner
Ganz and
Mayor Peggy
Ben
Preston
Noland
NAYS
Regular City Commission Meeting Minutes
January 15 2013
ACKNOWLEDGEMENT OF BOARD MINUTES
Community Redevelopment Agency Meeting Minutes November 13 2012
Code Enforcement Special Magistrate Meeting Minutes October 8 2012
Motion
made
by Commissioner Joe Miller and seconded by Commissioner Ben
acknowledge the Community Redevelopment Agency Meeting Minutes
of November 13 2012 and Code Enforcement Special Magistrate Meeting Minutes of
was
Preston
to
October 8 2012
Voice
Vote
Commissioner
YEAS
Commissioner
Joe
Marty Popelsky Vice Mayor
Miller
Commissioner
Bill Ganz and
Mayor Peggy
Ben
Preston
Noland
NAYS
None
APPROVAL OF THE AGENDA
January
15 2013
was made by Commissioner Joe Miller and seconded
by Commissioner Ben
Preston to approve the January 15 2013 agenda as amended tabling Items 17 18 and
24 until February 12 2013 and adding Items 25 and 26
Motion
Voice
Vote
YEAS
Commissioner
Joe Miller
Preston
Commissioner Ben
Commissioner Marty Popelsky Vice Mayor Bill Ganz and Mayor Peggy Noland NAYS
None
Mayor Noland announced that City Manager Burgess Hanson is
Klopp Assistant City Manager is sitting in for him
out with the flu
Keven
PRESENTATIONS
1
Mavor PeoQV Noland to cresent certificates of award to Quiet Waters Elementary
School students for their carticication in the Comclete Streets coster contest
Amanda Martinez
Senior Planner
briefly outlined the Complete Streets Program and
how they
encouraged the students at Quiet Waters Elementary School to enter a poster
contest by drawing streets they enjoy walking or riding their bike on and what element
of the streets make that enjoyable for them The posters will be on display at the Art
Festival She announced the winners from
Certificates will also be
1st grade
and the winner from the
5th Grade
provided to those students who participated Thereafter she
to visit the City s website and asked them to participate by
encouraged the public
completing a survey which information will be used to draft guidelines
improvements on areas that need more pedestrian and bicycle facilities
2
to make
Regular City Commission Meeting Minutes
PRESENTATIONS
2
January 15 2013
CONTINUED
Commissioner Ben Preston to oresent certificates of aooreciation to volunteers in
recoonition of their volunteer efforts at the District 2 Cleanuo on December 15
2012
presented certificates of appreciation to volunteers in recognition
of their volunteer efforts at the District 2 Cleanup on December 15 2012 He thanked
the City Administration for their assistance He stated that there were more than 150
volunteers that participated to make the City cleaner for the Christmas holidays He
thanked everyone that was involved as it was a massive success He thanked Mayor
Noland for also participating He said that the Brazilian community came out and
participated and many of the leaders from the churches were very humble He also
thanked the students from Deerfield Beach High School that participated in the clean
Commissioner Preston
up
3
Mayor Noland recoonizino the Deerfield Beach Housino Authority for receivino
8 6 million from the U S Deoartment of Housino and Urban Develooment
Mayor Noland thanked the Deerfield Beach Housing Authority Board for choosing the
new Housing Authority Director
Dr Jarmon
Dr Jarmon stated that Chairman Keith
to
but
could
not
and
sends his regrets
Thereafter she
be present
Emery wanted
presented the City of Deerfield Beach with a check for 8 655 million from the US
Department of Housing and Urban Development She briefly explained that this is a
demonstration program and that was only 68 housing authorities in the nation were
awarded this money for the first time There were only three 3 selected in the State of
Florida
She further stated that HUD is testing this program therefore many of the
authorities
housing
opted to take the wait and see position However they thought that
this would be a great opportunity for both the Housing Authority and the City of Deerfield
Beach
Additionally Dr Jarmon said that with any federal money there are service specific
requirements She said that they have a lot of great things that they would like to do with
the funds some of the funds are unrestricted so they will be able to assist in programs
She
that would improve the lives of residents through the City of Deerfield Beach
thanked the Board for giving her their vote of confidence She thanked the Mayor and
the Commission for their support as well She said that this is a new day at the Housing
Authority and they would like to be embraced by the City and the residents She further
advised that she is a citizen of Deerfield Beach and has a vested interest in ensuring
the success of this program She urged the City and residents to rally behind them and
She also recognized her staff that was in
give them their vote of confidence
attendance
3
Regular City Commission Meeting Minutes
PRESENTATIONS
Joan Maurice
January 15 2013
CONTINUED
Board member
said that
they have the pleasure of working with an
Executive Director that has tremendous experience She said that Deerfield Beach is
extremely blessed to have Dr Jarmon She said we are going to see wonderful things in
Deerfield Beach
Commissioner Preston stated that Annette Scott Woods also participated in the District
2 Clean up therefore he will make sure that she receives a certificate of participation
as
well
4
He thanked her for her efforts
Mayor Peooy Noland to oresent
Traffickino Awareness Month
Mayor
Noland
read
Awareness Month
a
She
a
oroclamation in recoonition of National Human
proclamation in recognition of National Human Trafficking
proclaimed January as National Human Trafficking Awareness
Month
5
Mayor Peooy
Noland to oresent a oroclamation to Ms Doreene J
Urso
Deoartment of Financial Services for 29 years of dedicated service to the City
Mayor Noland
read
and
dedicated service to the
presented a proclamation to Doreene Urso for 29 years of
City of Deerfield Beach Ms Urso retired on January 2 2013
her continued
The
City wishes
Ms
Urso thanked the
success
in her retirement
City Commission for the certificate She said that it has been a
good 29 years and a good family to work for and great people She thanked the
Finance Department as they are family and a team
Hugh Dunkley Finance Director thanked Ms Urso and said that she is the defecto
enforcer of accounting policy and procedures
He thanked Ms Urso for her years of
service
He said that she will be sorely missed
He wished her much success in her
retirement
6
Deerfield Beach Current video
Deerfield Beach Current video showed
highlights of Pete Sudler former Police Chief
BSO District X and the many activities he participated in during his tenure as Chief of
Police for the City of Deerfield Beach The video depicted both elected officials and the
general public who spoke about how Chief Sudler touched the Community
Thereafter
to the
read and presented a proclamation to Pete Sudler for all of
service and dedication to the City of Deerfield Beach and bringing pride
Mayor Noland
his assistance
City and the various community groups
4
t
Regular City Commission
PRESENTATIONS
Meeting Mi
t
January 15 2013
s
CONTINUED
Sgt Randy G eshamand others from the BSO Department showed their appreciati9n
qy presenting Chief Sudler with a plaque from the Community Affairs Team
Chief Sudler thanked the Commission for their support and acknowledging him He said
that it has been four 4 weeks since he received the dreaded em ail advising him thathe
would not
longer be the Chief of this great city
is humbled for being
proclamation Moreover he is
disappointed for having
great city wasJully complete
however the lesson that he has learned from his circumstances only make him a much
stronger person He listed some of his most important achievements over the last
several years First and foremost in a profession that exceeds the national average of
divorce in this country he has remained faithful and devoted to his best friend in the
world his wife Jennifer He said that her unshakable faith keeps him grounded and
moving forward every day When he was appointed chief in 2010 his vision of course
He wanted to
was to reduce crime but he wanted a relationship with the Community
same
were
less
and
that
had
the
fortunate
opportunity as
help kids that
ensuring
they
other kids in the City
He wanted the Community to know how much they appreciate
their commitment to the City
He also wanted residents to feel their high level of
customer service They accomplished all of those things and even more The crime is
down for the second year in a row despite major staff reductions that occurred in 2010
honored
and
thanked
the
Nevertheless he
Commission
for
the
to leave before his vision for this
Additionally Chief Sudler briefly commented on other major accomplishments to
include closing down a pill mill in the City tackled the problem of gambling in youth
football to assure that the youth had a safe place to play sports He said that the
relationship between the Deerfield Beach command and the public has never been
better because he took every effort to open the command to the residents offering ride
alongsand presenting crime information through cyber vision messages HOAmeetings
and neighborhood watch meetings He said that he loved the new paradigm of having
meetings on residents front lawn He spent a great portion of his time in the District 2
area because he was not satisfied with the relationship with the Black community and
work tirelessly with his staff to earn trust and respect through their adopt a church
initiative breakfast with the chief initiatives and built relationships and trust which is
now strong
He briefly commented on the Owls on Patrol Program taking kids to
football games and the FAlJScholarship Program
He said that Deerfield Beach has
the best PAL Program in the County The Backpack Give away Sheriff s Community
Day are areas that we must continue to grow no matter who the Chief or Sheriff are
In
closing Chief Sudler thanked the City Commission the Community and the City
Management team and Staff He also extended a special thank you to Amanda Shafer
Andy Maurodis City Attorney and City Manager Burgess Hanson Additionally he
thanked Sheriff AI Lamberti Colonel Tim Gillette the partners of the Community as well
as Jan Moran and the JM Family Enterprise organization
Ffnally he thanked the BSO
Deerfield Beach team He also thanked Scott Gooding a great friend
He thanked his
his dad for instilling in him the principles that have helped him achieve success
family
5
1
I
I
I
l
Regular City Commission Meeting Minutes
PRESENTATIONS
in his life
january
15 2013
CONTINUED
his brother and sister their unconditional lov
and constant support has made
this difficult transition in his life bearable
He thanked his daughter son and wife
I
the
Chief
Sudler
said
love
of
Deerfield
Beach and always will
Finally
City
WRITTEN REQUESTS
1
Dymie Sorzano
Commis ior
1
2 15 SE11
Street Deerfield Beach wishes
to address the City
reoardino home reoairs
Mr Sorzano withdrew his
2
th
request
to addressthe Commission
Maureen Kenny 615 SE 7 hAvenue Deerfield Beach wishes to address the City
Commission reoardino animatino the oier facility on Christmas and New Year s
Day
Maureen
Kenny
and it
615 SE
th
Avenue
stated that hewenton the beach
on
Christmas
was empty
So she
Day
packed
whenshegorto the
pier
thought about the City having animation So she went back on Sunday and there was a
guy playing the guitar near thecpier area and the people applauded him and were
thanking him Therefore she asked that the Commission consider having animation on
the pier on Christmas and New Year s Day
3
was
But
n
w
area
it
Michel St Jean
172 Durham C Deerfield Beach wishes to address the City
Commission concerniriQ satellit
dish widnQiristallation notbeirio uo to Code
Michel St Jean 172 Durham C st ted that he is snowbird and whe n they returned in
November those that have satellite 9ishes rec eived ai warning that their satellite is not
up to code Several of the Canadians came several times to the permitting department
of this date they do not knowifthey need to repairtheir dishes or not First they
were told that the wiring inside their units was not correct then they were told to hire an
electrician to do the work because it was low voltage below 98 volts After hiring
and
as
electricians to do the work they were told that it was not the wiring in the units but the
dish itself They were then told that the dish
had be grounded He said that each unit
to
owner that has a satellite and a rec
der isbeing a ked to pay 100 for a
The
permit
electricians are asking 150 per unit to pickupthe
far it is difficult to find out whatexacitIY has to
permitand perform the work Thus
If the wiring in the unit is
1e
bedo
correct and it is the dish that has tbbe grounded then why does each unit owner have
to pay 100 for a permit wtwnth y do notg tapermiti p wthat dish
He said that a
dish can serve up to 16 units Moreover J6units should nothave topay 100eachJor
a permit or
150 for one dish Hesaidsdmething is wrong because all 16 units should
not have
o
I
each pay
Continuing Mr St Jean said that th yhave received 79 warnings and ihave come to
see the inspector He briefly comm nte d on Articl
18 regarding communication towers
and antennas and wireless communications which relates to their situa ion
He said
6
T
1
j
January 15 2013
Regular qity Coml11ission Meeting Minutes
WRITTEN REQUESTS
CONTINUED
that there are no wires it is cable In closing Mr St Jean asked what
City of Deerfield Beach really need so it can be relayed to the people
exactly
does the
Mayor Noland s comment Gerald Ferguson Director of Planning and
DevelopmenfSeniices said thathe is not able to address it because he does not know
any of the specifics However he asked Mr St Jean to provide his contact information
and he will contact him and
situated
tttifs
ge
In response to
l
4
Caryl Berner
3130CambridoeF
Deerfield Beach
Commission reoardiriothe creation of Public Safety
Caryl Berner
3130
Carnpridge
F
wishes to address the City
Emeroencv Manaoement
said that due to the circumstances with Chief Sudler
notgiv he presentation at this time in regards to the Public Safety
Emergency Manag f
1 ent Department as it may not be necessary but may speak about
it at another time However she did thank Chief Sudler for his support for assisting at
Stanley Terrace by putting more patrol there when she served on the Housing Authority
she would rather
CONSENT AGENDA
ITEM
DIGITAL TIME STAMPED 08 16 34
1
A Resolution of the City Commission of the City of Deerfield
Resolution 201 3 002
Beach Florida apoointin Q tl1ree 3 trustees to the Board of Trustees Firemen
s
Pension Trust Fund
ITEM
2
DIGITAL TIME STAM
ED
08 16 38
Resolution 2013 003
Beach
Florida
Authority to
A Resolution of the City Commission of the City of Deerfield
aooointin o Annette Scott Woods to the Deerfield Beach Housino
serve as
the resident Commissioner member
ITEM 3
DIGITAL TIME STAMPED 08 16 43
A Resolution of the City Commission of the City of Deerfield
Florida aooointino members to the Cultural Committee of the Citv ofDeerfield
Resolution 2013 004
Beach
Beach
DIGITAL TIME STAMPED 08 16 45
ITEM 4
A Resolution of the City Commission of the City of Deerfield
Resolution 2013 005
Beach
Florida
Trust Fund
Community Readino Oasis in all of the Elementary Schools in the
authorizino the
use
of
28 800 00 from the
Enforcement
Law
for the creation of a
CitY ofDeerfield Beach
7
1
f
r
A
Regular City Commission Meeting Minutes
CONSENT AGENDA
ITEM
January 15 2013
CONTINUED
5
DIGITAL TIME STAMPED 08 16 52
A Resolution of the City Commission of the City of Deerfield
Resolution 2013 006
Beach Florida aoorovino the award of RFP
2012 13 06 to Zambelli Fireworks
Manufacturino Co for fireworks disolays for an amount uo to a total of 40 000 00 as
aooroved and budoeted by the City Commission or CRA Board for events for
one 1
year with the ootion of three 3 one year renewal oeriods
ITEM
6
Resolution 2013 007
a
term of
DIGITAL TIME STAMPED 08 17 10
A Resolution of the City Commission of the City of Deerfield
Beach Florida authorizino the City Manaoer to aooly for a temoorarv road and bridae
closure as described in the aoolication to the FDOT for the 66th Annual Founder s Day
Festival on Februarv 14th throuoh Februarv 17 2013 the waiver of oarkino fees in the
amount of 26 265 00 and the authorization to sell alcoholic beveraoes at the event site
ITEM
7
DIGITAL TIME STAMPED 08 17 16
Resolution 2013 008
A Resolution of the City Commission of the City of Deerfield
Beach Florida authorizina the City Manaoer to enter into an aQreement with Laroe
Maroe Productions for manaoement of the 66th Annual Founder s Day Festival Not to
exceed
25 000
Fundino from CRA Festival Revenues and
ITEM
8
or
soonsorshios
DIGITAL TIME STAMPED 08 17 24
Resolution 2013 009
A Resolution of the City Commission of the City of Deerfield
Beach Florida acceotino the City of Deerfield Beach Affordable Housino Advisorv
Committee AHAC Affordable Housino Incentive Reoort
ITEM
9
DIGITAL TIME STAMPED 08 17 36
Resolution 2013 010
A Resolution of the City Commission of the City of Deerfield
Beach Florida aoorovino a Worker s Comoensation settlement aoreement with Herold
Jean for
325 000
Funds from Account 606 0900 519
40
30
Worker s
Comoensation
Medical
ITEM
Consideration
to
10
DIGITAL TIME STAMPED 08 17 42
reimbursement of attorney fees incurred by former
Commissioner Gloria Battle in the defense of an ethics comolaint filed for actions she
took as City Commissioner
aoorove
8
Regular City Commission Meeting Minutes
CONSENT AGENDA
January 15 2013
CONTINUED
ITEM 11
DIGITAL TIME STAMPED 08 17 49
of the City Commission of the City of Deerfield
Beach Florida aoprovino ahaareement with the Cbrhmunity Redevelooment Aoencyof
the CitvofDeerfield Beach relatino lo the tJse of certain bond proceeds by theCRA
Res lution
01
19
1
f Rcasoluti n
DIGITAL TIME STAMPED 08 18 04
ITEM 12
A Resolution of the City Commission of the City of De erfield
Resolution 2013 012
contract with Sunoard Public Sector Inc for softWare
aoolications to suooort integrated workflow between the City s Fina riceandHuman
Resource Deoartmerits
Funds from Account
001 1400 513 30 04
SoftWare
Beach
Florida
authorizino
a
29 760 96
Main tenance
DIGITAL TIME STAMPED 08 18 08
ITEM 13
A Resolution of the City Commission of the City of Deerfield
Beach Florida aoProvinothe Substantial Amendment to the Neiohborhood Stabilization
Prooram NSP 1 to addn3 ssnecessarv budoet chanoes to comoleteNSP 1 Proiects in
Resolution 2013 013
the
aooroximate
amount of
409 034 55
DIGITAL TIME STAMPED 08 18 15
ITEM 14
A Resolution of the
Resolution 2013 014
City Commission of the City of Deerfield
Beach Florida aoorovinathe Substantial Amendment to the Neidhborhood Stabilization
Prooram NSP 3 toadaress neCeSSary budaefchanaes to coriu lete the imolementation
of the City
s
NSP 3 Prooram
ITEM
Ordinance 2013
Prooram fundino is available city wide
DIGITAL TIME STAMPED 08 18 20
15
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DEERFIELD BEACH
FLORIDA AMENDING THE DEFINITION OF PRIVATE GLUB IN
AMENDING THE DEFINITION OF PRiVATE CLUB IN SECTION 6 56
TO BETHE
DEFINITION
SAME
AS SET FORTH IN SECTION 6 1 AMENDING THE
98
3 OF THE CITY OF DEERFIELD
DEFINITION OF PRIVATE CLUB IN SECTION
SECTION
BEACH
1
6
LAND
INCLUSION
IN
OEVELOPMENT
THE
CITY
CODE
CODE
CONTAINING
CONTAINING AN EFFECTIVE DATE
9
r
CONTAINING
A
A
PROVISION
SEVERABILlTY
FOR
CLAUSE
Regular City Commission Meeting Minutes
January 15 2013
I
CONSENT AGENDA
CONTINUED
ITEM 16
DIGITAL TIME STAMPED 08 18 33
AN ORDINANCE OFTHE CITY CQMMISSION OF THE cITY OF
DEERFIELD BEACH
CREATING A NEW SEGliION 46 31
REGULATING
DONA TIONBINS AND PR OVIDING fOR CERTAIN CLOTHINGDONATION BINS TO
Ordinance 2013
CONOITIONS PRbVIDING FOR REGULATIONS
INlPLEMENTATION CONTAINING Jf PROVi SION
FOR INCLUSION IN THE CITY CODE GONTAINING A SEVERABILITY CLAUSE
BE PERMITTED UPON CERTAIN
A PERMITTING RROCESS AND
CONTAININGAN EFFECTIVE DAT E
There
was no
Motion
was
discussion
made
on
Consent Items 1
4 and 6
16
by Commissioner Joe Miller anq
condedby Commissioner Ben
Items
1
16
Agenda
amending Item 5
Preston to approve the Consent
Roll Call YEAS
Marty
P pelsky
Commissioner Joe lVIi11er Commissioner Ben Preston Commissioner
Vice MayorBiIlGani ahd ayor
Noland NA YS None
Peggy
PUBLIC HEARINGS
ITEM
1 ST
j
READING
17
DIGITAL TIME STAMPED
P H
2013 040 Ordinance 2013
AN ORDINANCE OF THE GITYCOMMISSION OF
THE CITY OF UEERFIELD BEA8H FLORIDA AMENDING SEGTION
53 8 B 1
98
COMMUNITY BUSINESS ADDING
cE ABUSE TREATMENt FACILITY
SUBSTAN
ICENSED PURSUANT TO F S
397 311 18LAS
PERMITTED USE AMENDING SECTION 98 53 C
OEL
ETING SUBSTANCE
ABUSE TREATMENT FACILITY AS A GbNDITION LUSE CONTAINING A
REQUIRED
LICENSED OR
TO
Hg
A
PROVISION FORINCLUSION IN lHE CITY
ODE CONTAINING A SEVERABILITY
CLAUSE CONTAINING AN EFFECTIVE DATE
The Ordinance
was
tabled until
February
12
10
01 3
u ndet
the appr val of the
agenda
January 15 2013
Regular City Commission Meeting Minutes
2ND READING
PUBLIC HEARINGS
ITEM
DIGITAL TIME STAMPED
18
AN ORDINANCE OF THE CITY COMMISSION OF
DEERFIELD
BEACH
AMENDING SECTION 98 98 OF THE CITY
THE CITY OF
CODE RELATING TO COMMUNICATIONS TOWERS AND ANTENNAS AND
P H
2013 005A Ordinance 2013
WIRELESS COMMUNICATIONS FACILITIES
ESTABLISHING
PROCESSES
SAID
REVIEW
PROCEDURES
REQUIREMENTS
FOR PERMITTING OF SAID
FACILITIES
DIMENSIONS
IMPOSING
AS
WELL
STANDARDS
AS
OTHER
CREATING A NEW SECTION 98 98
AND
CRITERIA
FACILITIES AND REGULATIONS ON
ON SITING
REGULATIONS
LOCATION
SIZE AND
AND
REQUIREMENTS
CONTAINING A PROVISION FOR INCLUSION IN THE CITY CODE CONTAINING A
SEVERABILITY CLAUSE CONTAINING AN EFFECTIVE DATE
The Ordinance
tabled until
was
12 2013
February
under the
approval of
the
agenda
QUASI JUDICIAL PUBLIC HEARINGS
If any Commissioner has had any oral ex parte communications regarding
you must state on the record at the beginning of the quasi judicial
quasi judicial matter on the
proceeding the subject of the
communication and the identity of the person group or entity with whom the communication took place If
any Commissioner has received a written ex parte communication regarding a quasi judicial matter on the
agenda you must state on the record at the beginning of the quasi judicial proceeding the subject of the
written communication and the identity of the person group or entity with who sent the written
communication and provide a copy of the written communication to the City Clerk for the official record
a
agenda
Andrew Maurodis
on
Items 19
administered the oath of office to all
City Attorney
ITEM
19
to
speak
DIGITAL TIME STAMPED 08 19 13
P H 2013 037 APPLICATION 12 P 192 Aoolicant
bY Jane Storms for Dollar General
Prooosal
wishing
20 to include Staff
To olat
a
DOLLAR GENERAL reoresented
1 5 acre oarcel for commercial retail
use
and to be known
as
the
DOLLAR GENERAL AT DEERFIELD PLAT
Location
A oortion of the N
of the S
of the NE
of Section 12 Townshio 48
South Ranoe 42 East located at 1377 South Dixie Hiohway
Andrew Maurodis
wished to waive the
Jane Storms
City Attorney
quasi judicial
representing
the
asked the
applicant
to state their
was no one
There
was no
present
to
and if slhe
process
applicant
replied that she wished
to waive the
judicial process
There
name
speak against the applicant
discussion amongst the Commission
11
regarding
this item
quasi
Regular City Commission Meeting Minutes
JUDICIAL
QUASI
PUBLIC HEARINGS
Motion
was
Voice
Vote
January
15 2013
CONTINUED
made
by Commissioner Ben Preston and seconded by Commissioner
Miller to approve Item 19 adopted Resolution 2013 015
YEAS
Commissioner
Commissioner
Marty Popelsky
Vice
Joe
Mayor
Miller
Commissioner
Bill Ganz and
Mayor Peggy
Ben
Joe
Preston
Noland NAYS
None
ITEM 20
DIGITAL TIME STAMPED 08 20 06
P H 2013 038 A APPLICATION 96 B1 131 REVISION 2 AND CASE NO 2306
Aoolicant WALMART STORES EAST LLP reo resented by Kimley Horn
Prooosal
Site olan modification to remove the existinQ wheel stoos in the Walmart
leased oarkino area of the Palm Trails Plaza Shoooino Center AND seekino a
VARIANCE from Schedule C of the Deerfield Beach Land Develooment Code in order
to allow oarkino soaces without wheels stoos or extruded curbino The Code reauires
all oarkino soaces to orovide either wheel stoos or excluded curbino olaced 30 inches
from the end of the
Location
soace
1101 South Military Trail
In response to Andrew Maurodis
City Attorney question Lucas Anthony Kimley
Associates replied that he does wish to waive the quasi judicial process
Mr
s
Maurodis asked if there is anyone
There
present
that wishes to
speak against
Horn
this item
was none
Mayor Noland closed
the
public hearing
Gerald
Ferguson Director of Planning and Development Services stated that this is a
plan modification with a variance request to not have the wheel stops in the parking
That is the only change to the site plan there is no other physical change
spaces
However the Code does require wheel stops at the head of all parking spaces in L
shaped parking lots Mr Ferguson stated that the applicant has submitted a variance
application form addressing the criteria in the Code for variances but it is solely upon
the applicant to make its case to the Commission
The application is in the agenda
material
backup
site
Vice
Mayor Ganz
referred to the
the
applicant has included examples
of other stores in various cities that do not have wheel stops
He said that this is
does
allow
that
the
not
and
asked
something
City
why the comparison with those cities
and do those cities have the same type of rules as the City of Deerfield Beach
backup whereby
Mr
Anthony said that they were used for comparison purposes as they have similar
layouts to this parking lot angled parking one way drive aisles and head to head
parking with no wheel stops He said that many municipalities no longer require wheel
12
Regular Ci y Commission Meeting
PUBLIC HEARINGS
JUDICIAL
QUASI
stgps
etween head
to head
January 15 2013
Minutes
parking
CONTINUED
and
those
examples
were
used
specifically
because of that
Vice
that
Mr
Mayor Ganz
asked if the cities
Anthony replied that he believes
Therefore there is
Vice Mayor
no
or
in
if
they applied fora
all those
cases
variance that allowed
it is allowed
by Code
variance
spolicy is that they ar concerned with beingsued
hazard and it is the reason they have that
Ganz said thatWalMart
and feel that it is
Mr
require
a
Anthony replied that is
correct
Mayor Ganz said that this is a hazard for the people who are parking and trying to
manage through the lot He said there is a reason why the City of Deerfield Beach has
that why it does not necessarily coincide with WalMart s corporate policy he thinks it is
He said that he can only
a policy that the City has established and has served well
in
scenarios
that
if
we
not
have
certain parking
did
them the type of situation
imagine
we would have
Therefore at this time he does not support the request
Vice
In response to Commissioner Miller s question Mr Anthony said that the first reason
would be for safety He said that WalMart operates 4 000 stores across this country and
defends itself against hundreds oflawsuits for
However
reaso n
their standard
parking
lot
layout
trip
and fall in many cases justlike this
incly p wheel stops for that very
does not
He said tha
henth y looked at this
written to requirewhe el stops for
case
in Deerfield Beach
it appears that
specific purpose That purpose is to
protect landscaping to prevent the vehicles from damaging the landscaping However
in this case there is no landscape island between the parking therefore they didn t feel
He
that the wheel stops serVed the purpose that they were originally intended for
the code i
a
originally approved the only place that the
wheel stops were required were in the opened parking fill In areas where there is
Because of that they feel
additional landscaping provided wheel stops were removed
that this application meets the requirements of a variance and asked that the
further stated that when the site
Commission approve it
on
it for
the benefits
Ferguson why the City has
landscapin forother
outWeigh
was
that merit
Commissioner Miller asked Mr
stops is
plan
reasons
the cost benefit
that he is not
the ordinance for the wheel
aware
of
He further asked if
relationship
Mayor Noland said that at the Publix on Hillsboro Boulevard and Federal Highway there
is no landscaping in between and there are wheel stops
13
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JUDICIAL
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PUBLIC HEARINGS
January 15 2013
CONTINUED
Mr
Ferguson said that it is true that wheel stops that are true to curving protects
landscaping But in cases like this where there is no landscaping it helps with traffic
circulation control Without the wheel stops there is an empty space ahead of you cars
can pull through and then they will be going in the
wrong direction on a one way traffic
circulation pattern
Vice
Mayor Ganz said that the applicant highlighted two Publix s in Coconut Creek
however the WalMart in Coconut Creek 441 and Hillsboro Boulevard has wheel stops
He said that he is thrilled that Walmart is coming to the City and does not think this will
stop WalMart from coming to the City of Deerfield Beach because they did it at 441 and
Hillsboro therefore he recommended that the item be denied
Motion
was
to
Item 20
deny
made
by Vice Mayor Bill Ganz and seconded by Commissioner Joe Miller
adopted Resolution 2013 016
Roll Call YEAS Commissioner Joe Miller
Marty Popelsky Vice Mayor Bill Ganz
ITEM
21
Commissioner Ben Preston
and
Commissioner
Mayor Peggy Noland NAYS None
DIGITAL TIME STAMPED 08 27 30
P H 2013 039 SIGN CASE NO 716 Aoolicant
reoresented by Barron Sion Manufacturino
BROWARD HEALTH NORTH
Aooeal
Seekino the followino 2 SIGN VARIANCES from the orovisions of the
Deerfield Beach Land Develooment Code 1 from Section 102 8 c 2 a in order to
allow an additional new 70 square foot buildino sion on a buildino side not facino a
street South Elevation
from Section 102 8
buildino sion
one
The Code allows
2
c
in order to allow
a
buildino side notfacino
buildino sion oer street frontaoe
Location
one
on a
a
buildino sion
an
additional
street
oer
new
street frontaoe AND 2
37 7 sauare foot
North Elevation
The Code allows
The orooosed sion will be located at 201 East Samole Road
Richard Fitzsimons Barron Sign stated that he would like to waive the quasi judicial
procedure He further stated that they presented at the Community Appearance Board
CAB
meeting and it
signage
was
unanimously approved
He said that there
was
definitely
a
need for the
Mayor Noland opened
public hearing
Motion
public hearing
there
made
was no one
to
speak
She closed the
by Commissioner Joe Miller and seconded by Commissioner
Approve
adopted Resolution 2013 017
was
Preston to
the
Item 21
14
Ben
Regular City Commi sion Meeting Minutes
PUBLIC HEARINGS
JUDICIAL
QUASI
January 15 2013
CONTINUED
P eston
Commissioner
Joe
Miller
Commissioner Ben
YEAS
Vice
Bill
Nol
nd
NAYS
Commissioner Marty Popelsky
Ganz and Mayor Peggy
Mayor
Voice
Vote
None
GENERAL ITEMS
DIGITAL TIME STAMPED 08 28 29
ITEM 22
A Resolution of the City Commission of the City oLDeerfield
Resolution 20 13 018
Beach Florida aoorovina a one 1 year renewal with Bermex lnc for meter readinQ
services under the same terms and conditions for the aooroximate amount of
Other Contractual
Funds from Account
401 5030 536
99
180 000 00
32
Services
The Resolution
Motion
d
by title only
by Commissioner Ben Preston and seconded by Commissioner
Item
22 adopted Resolution 2013 018
approve
was
Miller to
was re
made
Roll Call YEAS
Commissio ner
Joe Miller Commissioner Ben Preston
Bill Ganz and
Marty Popelsky Vice Mayor
Mayor Peggy Noland NAYS
DIGITAL TIME STAMPED
ITEM 23
Joe
Commissioner
None
08 28 53
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
Ordinance 2013
DEERFIELD BEACH AMENDING THE LAND DEVELOPMEN1 CODE AMENDING
THE DEFINIT IONOF COMPATIBILlTY IN SECTION 98 a AMENDING SECTION 98
RELATING TO THE COMPATIBILITY REQUIREMENTScEOR PLATS
INCL JSION
PLANS AND BUILDING PERMITS CONTAINiNG APROVISION FO R
17 15
THE
CITY
CODE
EFFECTIVE
CONTAINING A SEVERABILITY CLAUSE
SITE
IN
CONTAINING AN
DATE
The Ordinance
was
read
by
title
only
City Attorney said if approved by the Commission he asked that the
public hearing be set for February 12th and sec0nd public hearing for the first meeting
in March
The proposed ordinance is a result of a request by Commissioner Miller at
V Maurodis
Andre
the December
1Sthmeeting
the
and discussion of the whole Commission
codes to determine if
regard
reviewing
City
vario
Js
regulatory authority in the appropriate
to
our
our
children and residents
s
way to
Nevertheless this
was
This
was
in the wake of the Newtown incident
acknowledged that not hing that we were going to develop as
ordinan
going to relate directly to preventing thattype0f incidence but made
First reviewed was the City s compatibility
aware of safety and security issues
W i1e
it
was
ce
was
15
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in
of
taking advantage
provide safeguard to the security of
we are
an
us
Regular City Commission Meeting Minutes
GENERAL ITEMS
January 15 2013
CONTINUED
ordinance in
conjunction with the Planning Staff The City s compatibility ordinance that
requires development be found to be compatible when approved it is a limited
compatibility ordinance that deals with things like odors noise traffic issues and maybe
some lighting issues things of that sort
Mr Maurodis said that as a result of the Commission s request
they tried to
little further He said that providing a secure environment for our residents and
Continuing
go a
children
especially is
an
important element
in
compatibility
Therefore
when
we
a
improve
compatible
security standpoint it isn t creating a threat If there is a real and substantial threat
created by any particular use the goal of this ordinance especially when there is a
threat to places where children gather schools parks day care centers then what can
the City do to request that the applicant mitigate that threat Would it be a security wall
that is higher than we normally allow would it be on site security or even in certain
case s
background checks What we would like to do to the extent that the Court
would allow us and then it would be monitored we would like to have that as a
part of
our development process
That is what the proposed ordinance attempts to do
a
Finally Mr
it
new
use
we
want to make
Maurodis said that
as a
sure
result of the
the Chairman
and the
that the
use
is
also from
and
Zoning Board approving
a provision
that every
issues
is an
This
safety
Planning
suggestion by
they
applicant will have to affirmatively address security and
opportunity to make initial comments as the Commission will get this twice
Mayor Noland
come
forward
said that in
She
some
expressed
situations
have added
we
have
some
concerns about some
more
businesses that have
of the schools locations
already
She said
because of the location of some of the facilities is there any way possible that the
forfeiture funds would be able to put cameras outside of the schools that are in the
same
neighborhoods as some of these businesses She said that she feels bad where
some of the schools are located
Mr Maurodis said that
certainly seems to be a law enforcement purpose and if it is the
they can review and establish some sort of grant program
desire of the Commission
with Law Enforcement Trust Funds LETF Staff will look at
Commissioner Preston read the definition of compatibility He further commented
wording
and conditions
which could pose a significant risk
condition could be anything therefore the definition is very
vague
Mr Maurodis consider the
SEPTAG regulations which is crime
design that program maybe integrated
can possibly bring about some balance
environmental
Mr Maurodis
some
replied
of the SEPTAG
that is
a
principle
good
in the
idea
and
proposed
16
into what
agreed that
ordinance
we
we
on
the
and said that the
He
suggested that
prevention through
are trying to do and
may want to
incorporate
January 15 2013
Regulaf qity Commission Meeting Minutes
GENERAL ITEMS
CONTINUED
made
by Vice Mayor
Motion
was
to approve Item 23 to
Joe Miller
Bill Ganz and seconded
by Commissioner
set the first public hearing for February 12 2013
Roll Call YEAS Commissioner Joe Miller Commissioner Ben Preston Commissioner
Marty Popelsky Vice Mayor Bill Ganz and Mayor Peggy Noland NAYS None
ITEM
24
DIGITAL TIME STAMPED
08 37 37
AN ORDINANCE OF THE CITY COMMISSIGN OF THE CITY OF
Ordinance 2012
FLORIDA AMENDING CITY CODE CHAPTER 54 ARTICLE IV
AMENDING
54 161
ADMINISTRATION
OF PLAN
SECTION
DEERFIELD BEACH
DIVISION
1
TO INCREASE TRUSTEE TERMS
FROM TWO TO FOlJR YEARS AMENDING SECTION 54 185 TERMINATION OF
PLAN AND DISTRIBUTION OF TRUST FUND TO FOLLOW RECENT LEGISLATION
APPOINTMENT
CONCERNING
AND TERMS
PROCEDURE
OF MEMBERS
FOR
TERMINATION
OF
PENSION
TO
AMENDING SECTION
BENEFITS NOT ASSIGNABLE
FOR
THIRD
PARTY
BENEFIT
PARTICIPANT
AUTHORIZATION
54 217
AMEN
ING SECTION 54 226
PAYMENTS
PLANS
BROADEN
PREMIUM
OPTIONAL FORMS OF RETIREMENT
INCOME TO ALLOW RETIRED PARTICIPANTS TO CHANGE JOINT ANNUITANTS
UP TO TWO TIMES WITHOUT APPROVAL OF RETIREMENT COMMITTEE OR
JOINT ANNUITANT BEING REMOVED PROVIDING FOR Ii REPEALER PROVIDING
FOR A SAVINGS CLAUSE PROVIDING FOR CODIFICATION PROVIDING FOR AN
Tabled from November 6 and December 4 2012
EFFECTIVE DATE
Item 24
was
tabled under the
ITEM
approval of the agenda
25
DIGITAL TIME STAMPED 08 37 46
A Resolution of the City Commission of the City of Deerfield
authorizino the City Manaoer to waive the 50 000 oer unit limit in
individualoroiects in order toadeauately address code health safety and other blioht
issues so lonoas the cumulative amount for all NSP Rehabilitation Proiects does not
Resolution 2013 019
Beach
Florida
exceed the aooroved budoet amount
The Resolution
was
ITEM
read
title
only
DIGITAL TIME STAMPED 08 37 59
26
Resolution 2013 020
Beach
by
A Resolution of the City Commission of the City of Deerfield
Floridarimoosino the zonino
soace zonino
in orooress for the City of Deerfield Beach
cateoorv
The Resolution
was
read
by title only
17
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Regular City Commission Meeting Minutes
GENERAL ITEMS
Motion
was
January 15 2013
CONTINUED
made
by Commissioner
Ben Preston and seconded
by Commissioner
Joe
Miller to approve Items 25 and 26
Roll Call
YEAS
Marty Popelsky
Commissioner Joe Miller Commissioner Ben Preston Commissioner
NAYS None
Mayor Bill Ganz and Mayorr
Vice
PeggyNoland
ADMINISTRATIVE ACTIONS AND CITY MANAGER COMMENTS
City Manaaer
No
Report
City Attorney
No
Report
City Clerk
Report
No
COMMENTS BY MAYOR AND COMMISSIONERS
Vice
Mayor Ganz
Vice Mayor Ganz th nked Charles
Recoanition of Staff
Director of Environmemtal S ivicesand Staff for the repaving project He
thanked Amanda Martinez Senior
lPlnerar
forh rwork with the Compete Streets
DaBrusco
Programs and working with Quiet Wat rsPark Elementary School
principal and the teachers that were irr attendance
He also thanked the
Unopposed Candidate Vice Mayor Galz hanked the residents of District 4 for their
confidence in him as he is unopposed He said that it is humbled and honored and
looks forward to serving four 4 more years
MLKHolid y
Commissioner Preston
Commissioner Preston announced that the
Martin Luther King Celebration will be held on Monday January 21 2013
He invited
everyone to come out and be a part o the event He further stated that the MLK
Parade route has changed and outlined the previous route and
therol
Jte
that will be
taken Currently the City is still negotiating with the
that it should be finalized on tomorrow
Commissioner Miller
it
was
nice for the
City
keynote speaker
he
was
informed
Appreciation to Pete Sudler Commissioner Millerstated that
to shoW its appreciationtb Pete Sudler and his family He said
that he will miss him and knows that he will be fine
Mayor Noland
Acknowledaed Parks and Recreation Staff
1
Bob Harbin and the P a
arici Recre
AsConsdocmiantiouhnl
Tierra East
Road Improvement
inquiries r
s
garding
Department
on
the
SW
dump
Team
tibn
for cu
ing
10th Street
trucks
of Transportation is
on
Ma
SW
working on
a
18
on beh alf of Mr
back
or
Mayor
theseagrapes
Noland
said
Noland thanked
Grosl1lan
and the
near
theircondo
th tthere
have been
10t Street Sheadvlsed thatthe Florida
project nd listed the dates for the closing
Regular City Commission Meeting Mi ute s
January 15 2013
COMMENTS BY MAYORAND COMMISSIONERS
of the lanes
and what the
completion is expected
New Business
City they
has five
projects
February
Mayor Noland listed
follows
were as
Mayor
include
new
The cost
new
2
million and
new
businesses
Noland listed the
upcoming
place they are as follows Festival of
King Birthday Celebration at Westside Park
would take
Martin Luther
is
completion
businesses that
openedin e
t
businesses District 2 has 2i District 3
the number of
District 1 has 7
5 and District 4 has 11
Upcoming events
they
in
CONTINUED
Announcement of Candidate for Mavor
Mayor
events in the
the Arts
Noland
City
and when
Green Market and
announced that she is
running for re election as Mayor for the City of Deerfield Beach in the March
12 2013
Election
Introduction of New Police Chief
Mayor No land introduced the
new
Police Chief
Robert Schnakenberg
Schnakenberg introduced himself He said that he is not here to replace Chief
but hoped that everyone will give him the opportunity to prQve himself to the
City He said that he started herein 1986 asan original City of Deerfield Beach police
officer He spent 14 years in the City prior to going to the downtown office in 2000
This is an honor for him to come back and serve this City He said that Sheriff Israel will
attend the next City Commission meeting to make a formal presentation
Chief
Sudler
PUBLIC TO BE HEARD
Public Safety Manaoement
E
Deerfield
Richard Rosenzweio
Richar d Rosenzweig 97 Farnham
been
resident
He
has
a
for seven 7 years
the Commission for tabling the issue of the Public Safety Management
Beach
congratulated
Department He
also
stated that he
thanked the City Clerk s Office for their assistance
while
filing as a
candidate for District 3 Although he cannot replace Commissioner Marty Popelsky he
would like the opportunity to serve the citizens in District 3 also the City of Deerfield
Beach He said that he will try to do his best to represent all of the citizens of Deerfield
Bernie Parness
Prohibitino dish
F
on
multi dwellino buildinos
Harwood
stated that it is
prohibiting roof antenn as on multi story
Village
his
Bernie Parness
that there
understanding
dwellings in the City
is
an
Century
ordinance
Additionally there is an
multi
ruling prohibiting
dwellings and condos
Thirdly building documents within the Village prohibit any outside antenna in Century
Village attached to a building He urged the City to look into those building documents
before issuing a single permit Mr Parness further stated that dishes on roofs are a
hurricane hazard a fire hazard a lighting hazard and become missiles in high winds
FCC
antennas and dishes
on
top of
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Regular City Commission Meeting Minutes
PUBLIC TO BE HEARD
he cannot
Therefore
ordinance
Jim
prohibiting
Salvation
Lauderdale
January 15 2013
CONTINUED
see
the
City issuing permits for roof
antennas
since there is
an
such
Army Bins
Jim
Salvation
thanked the Commission
Army 1901 W Broward Blvd Fort
Administration and the Women s Club of
City
allowing
Deerfield Beach for all of their support in
Deerfield Beach
the Salvation
bins in the
Army
City of
Bett Willet
Salvation Army Bins
Bett Willett 2646 Emerald Way Circle Deerfield
st
Beach stated that it was a year ago October 1 that we got this started nevertheless
she is glad that the Salvation Army can now place their donation bins around the
City
However the other bins have been popping up again the profit bins therefore she
asked that code enforcement look at this
She said that the
they
profit
bins do not
make money and the bins
Amie Kay Tanner
everyone
a
very
111
Happy
SE
are
use
again
and have the for
the clothes to
illegal
She
urged
help the
public not
the
5th Avenue Oda Tanner Way
New Year
Commissioner Popelsky
She said that
Conaratulation
we
profit bins removed
needy but is for profit
to
use
Deerfield
miss Commissioner
to Vice Mayor Ganz
them
Beach
wished
Popelsky
Commissioner
Popelsky congratulated Commissioner Ganz for being unopposed
Ooenino
of the Pier and the Plaaues
she said that she noticed that in the
Mr Tanner said that her dad loved the beach
previous pier entrance there were two plaques one
placed by the City recognizing the visit of President Ford the other one was
placed by the State of Florida in 2000 as part of their 2000 Great Floridian Program
However she noticed that neither one of the plaques were there She said that this was
discussed at a meeting and they were assured that both would be there Ms Tanner
said that she has had a number of people call her regarding this matter and hopes that
it can be rectified
Consequently she noticed that there is a large prominent plaque
recognizing those involved in this current remodeling however there is room on the
wall for two 2 more
She also noticed that there are some historical pictures in the
little room but did not notice any recognition of the Deerfield Beach Historical Society
This is an opportunity to let the visitors know that the Historical Society has a presence
in this City
was
yth Court Deerfield Beach on behalf of the District 2 residents
thanked Commissioner Preston for listening when he has been called upon He has
done a fantastic job with trying to be there for all of the residents in Deerfield Beach in
Diane Chisom
375 NW
District 2
Comolaint about 18 Wheelers
District 2 there
are
Ms
18 wheelers in the
Chisom asked that the
neighborhood parked
20
City please be vigilant
next to homes
She said
in
January 15 2013
Regular City Commission Meeting Minutes
PUBLIC TO BE HEARD
that she witnessed
an
CONTINUED
18 wheeler
being repaired
in the middle of the street for almost 6
Saturday She asked that Code Enforcement to vigilantly keep watch on
these things
She further complained about bulk trash pickup and asked that Code
Enforcement be more vigilant on these types of things in District 2
hours
on a
Sharon Kitt 254 SW 2nd Street Deerfield
Sharon Kitt Dr Martin Luther Kino Event
Beach said that it is the Dr Martin Luther King weekend and the event is Monday
January 21st which
properly announced advertised and lacked communication
Ms Kitt said that the Community is not aware of who the guest speaker is at this late
day
They just received information as to where the parade will start which is
unacceptable She said that she has worked with the MLK Committee for a long time
she further expressed concern with the City not contacting anyone in the Community
about the event She further commented on PHP Production being hired and what is
was
not
their role for this event the theme etc
The MLK Committee
was
not contacted to
see
production company s that the City hired suggestions consisted of She said
spoke with Kara Petty Assistant Parks and Recreation Director and hopefully
they can begin working together on other events in the Community She urged the City
to work with the Community as they have listened to the City and asked that the City
hear their concerns as well She further urged the Commission to do a better job on
what happens at Westside Park
what the
that she
Denise Guarnieri
Beach Parkino Stickers
Denise Guarnieri
400 SE
10th Street
complained about not being able to purchase a beach sticker as a
resident She said that she purchased her condo nine 9 years ago and has lived as a
part time resident One of the reasons she purchased her condo in Deerfield Beach was
because of the beautiful beach and the benefit of being able to purchase a beach
sticker and enjoy the beach She briefly commented on the disadvantages of having to
put money in the meters as opposed to being able to purchase a beach sticker as in the
She said that they pay more taxes because their property is not
past years
homesteaded
Not being able to purchase the beach stickers has changed her life
She urged the Commission to reconsider the ordinance
Deerfield Beach
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January 15 2013
f
ADJOURNMENT
There
being
no
further business the
meetlhg adjourned
at 9 06 p
m
t
p
22