By Diane Emeott
A tentative trial date has just been set for a four-day trialbeginning Oct. 13, 2020 in Ft. Lauderdale at a Jan. 29 Case
Management Conference before Judge David Haimes.
Deerfield Beach Vice Mayor Todd Drosky explained, “The judge
encouraged the parties to resolve the matter on their own, but if not, he set the case for trial in October. A Calendar Call to determine the exact date will be held Sept. 25. The trial period begins on Oct. 13.”
Hillsboro Beach Mayor Deb Tarrant responded, “At the hearing on Jan.
29, Deerfield’s Motion for Partial Summary Judgment was denied. …
the judge pushed the trial date to the week of Oct. 13, with this case
being No. 1 on his docket. He has allocated four days. I’m told this
is a ‘date certain,’ which means we will not be bumped again. It’s
amazing that it takes years to actually get a trial date.”
Hillsboro Beach’s alleged issue with Deerfield Beach over sand dates
back to the early 1960s, and has to do with the alleged adverse impact
of existing adjustable groins and a rock revetment (property owned by
the City of Deerfield Beach at the southern end of Deerfield’s
boundary line) on the beach and shoreline of the Town of Hillsboro
Beach.
Some 53 erosion control structures were reportedly constructed by
Deerfield after, in 1961 the U.S. Army Corps of Engineers issued a
permit allowing construction of a groin to extend into the Atlantic
Ocean, and in 1963 Trustees of the Internal Improvement Trust Fund
issued several permits allowing for placement of adjustable groins and
rock breakwaters on the beach extending into the ocean off Deerfield
Beach.
Ch. 164 language maintains that the permits issued are subject to
specific conditions.
In July 2015, Hillsboro sent a “warning” letter to Deerfield stating
it wanted Deerfield to: 1) remove all remaining revetment groins
placed there 50 years ago -OR- 2) renourish Hillsboro’s beach.
Otherwise, it was going to take legal action.
On Oct. 27, 2015, the first official meeting requesting cooperation
from Deerfield was held. “This was an attempt to bring Regional Sand
Management to the table. The meeting was organized by Florida Dept.
of Environmental Protection (DEP), including representatives from Boca
Raton, Hillsboro Inlet, Deerfield and Hillsboro,” according to
Tarrant.
On Jan. 5, 2016, Hillsboro Beach filed a Florida Statutes Ch. 164
action against Deerfield Beach, which then-Hillsboro Town Manager
Robert Kellogg described as “an attempt to mediate a settlement to
resolve issues with Deerfield Beach regarding the groin situation.”
On Oct. 25, 2017 (after a few failed joint mediation sessions and
Hillsboro filing a lawsuit against Deerfield, seeking to enforce the
permits issued to Deerfield by the Trustees), the case went before
Broward Circuit Court Judge David Haimes at a preliminary hearing,
with high-powered attorney William Scherer representing Deerfield as
special counsel and Ken Oertel of Tallahassee representing Hillsboro
Beach as their special counsel. A trial date was set for the following
year — between Oct. 30 and Nov. 16, 2018.
On Oct. 4, 2019, Hillsboro postponed their vote on a potential
settlement agreement, after which Deerfield Beach cancelled its Oct.
8. Executive Session private “shade” meeting.
DEERFIELD COMMISSION
ADDRESSES CRIME & MORE
Highlights from the Feb. 4 Deerfield Commission meeting included a
Presentation on Crime by Broward Sheriff’s Office (BSO) District
Captain Rodney Brimlow.
Brimlow identified two major issues in Deerfield Beach since he became
“chief” one year ago in January 2019.
1) The first one is Traffic & Parking – with over 18,000 traffic
citations issued by BSO plus an additional 2,000 traffic citations
issued by outside assisting agencies; as well as 18,000 parking
tickets issued.
“There is a general lack of regard for speed and stop signs. One of my
own [Deputy Benjamin Nimtz] was killed earlier this year [July 22,
2019] plus seven other people have been killed in traffic incidents. We continue to enforce drunk driving and parking infractions. A lot of
it is complaint-driven, and where we see accidents,” Brimlow said.
Commissioner Michael Hudak asked, “All of these tickets, where does
the revenue go?”
Brimlow replied that the bulk goes to the state and judicial system.
“BSO or the city does not receive funds from these tickets. There is
no financial incentive to write tickets,” he said.
2) Drugs and Violent Crime have picked up in recent times, according
to the chief, who said Narcan is issued to deputies to save them on a
call. “1 oz. of Fentanyl divided 12,000 times will kill you. If a
deputy responds to the scene and they touch it, they’re in big
trouble!” Brimlow spoke of drugs, everything from marijuana cigarettes
to heroin being laced with Fentanyl. “Some 22 residents OD’d
(overdosed) where my folks and Matt’s folks [BSFR District Fire Chief
Matt Pellitteri] couldn’t save them. Another 33 narcotics search
warrants have been issued. We seized what we could. Drug dealers are
getting the message: Deerfield Beach is not their place. They will
probably wind up in the back of a squad car, or with their car
impounded,” he said.
On the plus side, Personal Crimes are down by 6 percent, and Property
Crimes are down by 18 percent. Arrests are also down by 18 percent,
Brimlow said.
The chief noted a disturbing trend that an increase in shooting
activity is starting to happen. Deerfield reported 90 calls of a
shooting, of which 80 percent were unfounded and 18 were actual
shootings. Of those shootings, 14 happened in policing zones 1005,
1006, 1007, 1008, from I-95 to Dixie.
- Commissioner Ben Preston announced that he will host a Town Hall
meeting at Cathedral Church of God on Tuesday night, Feb. 25 regarding
“some of these shootings.” The Church, pastored by Bishop Patrick Kelly, is at 365 S. Dixie Hwy, Deerfield,334441.
WASTE MANAGEMENT RECYCLING
Attorney Dennis Mele, representing Waste Management in a Quasi-Judicial Hearing, sought major site plan approval to construct a 73,950 sq. ft.
recycling facility and a 5,400 sq. ft. support facility at 1801 SW 42
Way, off Wiles Road (across from Monarch Landfill) and Powerline Road.
To address Vice Mayor Drosky’s concerns about noise and dust, and
protecting Independence Bay and Waterways residents, Mele said the big
machine in the Deerfield location would be quieter than in Waste
Management’s Davie location because the machine here would be
insulated and have a canopy over it (unlike in Davie). By implementing
a Truck Circulation Route here, there would also be less beeping and
backing up noise, though there will be some. Consistent with the Noise
Ordinance, the facility would only operate between 6 a.m. and 6 p.m.
Monday to Friday.
Dust mitigation measures, such as water misters, a water tank truck,
and street sweeping on Wiles Road will also keep the amount of dust
generated from construction material down.
Asked what would happen in the event of a hurricane, Mele said the
facility meets wind loads for a Cat. 5 Hurricane. Regarding what would
be done with recyclables, Mele said, “First, they would sell as much as
they can. Then, take the rest to the landfill and bury it.”
The facility will also bring jobs to Deerfield. It is to hire 20 employees.
Deerfield Commission gave unanimous approval.
ITALIAN FEST
A 2nd Annual “Italian Festival on the Beach” one-day event has been
approved for Saturday, April 4, even though the city has not budgeted
funding for it. The street in front of the Wyndham will have to be
closed. There is an $8270 cost to the city, including garbage pick-up,
etc. Last year’s event featured a spaghetti-eating contest, grape
stomping, music and dancing. Claude DuBois, Rotary President Kirsten
Charlson and Rotary Event Chair John Diprato presented the Italian
Fest on Feb. 4 last year. They said last year it netted $17,000 — toward $20,000 Rotary gave away in scholarships. Last year, Rotary gave $80,000 total back to the city, said Diprato.
This year, Rotary invites service-oriented groups, such as GFWC Woman’s Club and Kiwanis to participate.
