Town of Davie
Town Council Agenda 12/21/05
TOWN OF DAVIE
REGULAR MEETING
DECEMBER 21, 2005
6:30 P.M.

1.      PLEDGE OF ALLEGIANCE

2.      ROLL CALL

3.      PRESENTATIONS
3.1.    Community Redevelopment Agency

4.      APPROVAL OF CONSENT AGENDA
Proclamation
4.1.    Scott Prouty, Lee Swasey and Adriel Forbes - Lifesaving Heroes

Resolutions
4.2.    SETTLEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA AUTHORIZING THE TOWN COUNCIL TO EXECUTE A SETTLEMENT AGREEMENT BETWEEN CARMAX AUTO SUPERSTORES, INC. AND THE TOWN OF DAVIE IN CASE NUMBER 04-011773(08), AND PROVIDING FOR AN EFFECTIVE DATE.  (tabled from December 7, 2005)

4.3.    BOARD EXTENSION - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, EXTENDING THE AIRPORT ADVISORY BOARD FOR ONE YEAR.  (tabled from December 7, 2005)

4.4.    AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE A SOFTWARE LICENSING AGREEMENT WITH ZOLL DATA SYSTEMS.  ($11,000)

4.5.    AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE TOWN OF DAVIE TO ENTER INTO AN AGREEMENT BETWEEN THE DAVIE RODEO ASSOCIATION, INC. AND THE TOWN OF DAVIE, FLORIDA FOR THE RENTAL OF THE BERGERON RODEO GROUNDS, OF DAVIE FLORIDA.  (Jack Pot Rodeo)

4.6.    AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, ENTERING INTO AN AGREEMENT BETWEEN THE OBEDIENCE TRAINING CLUB OF PALM BEACH COUNTY FOR THE RENTAL OF THE BERGERON RODEO GROUNDS FOR DOG OBEDIENCE COMPETITION.

4.7.    AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE TOWN OF DAVIE TO ENTER INTO AN AGREEMENT BETWEEN THE DAVIE RODEO ASSOCIATION, INC. AND THE TOWN OF DAVIE, FLORIDA FOR THE RENTAL OF THE BERGERON RODEO GROUNDS, OF DAVIE FLORIDA.  (High School State Championship Youth Rodeo Competition)

4.8.    AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING AN AGREEMENT BETWEEN THE BROWARD COUNTY SUPERVISOR OF ELECTIONS AND THE TOWN OF DAVIE FOR THE PURPOSE OF ENGAGING POLL WORKERS FOR MUNICIPAL ELECTIONS.

4.9.    AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA,  RENEWING AN AGREEMENT BETWEEN THE TOWN OF DAVIE AND DAVID K. SIGERSON, JR. OF ERICKS CONSULTANTS, INC. TO REPRESENT THE TOWN OF DAVIE FOR LEGISLATIVE AND GOVERNMENTAL CONSULTING SERVICES FOR FISCAL YEAR 2005/2006.  ($38,000)

4.10.   BID - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, ACCEPTING THE BID FOR THE CONSTRUCTION OF AN IRRIGATION SYSTEM FOR WELL SYSTEMS 3 & 4 AT LINEAR PARK.  (Windmill Sprinklers, Inc. - $142,500)

4.11.   BID - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, ACCEPTING THE BIDS FOR FIRST AID SUPPLIES AND EQUIPMENT.  (lowest bidder for each group - $120,000)

4.12.   BID - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, WAIVING FORMAL BIDDING AND ACCEPTING THE BID TO REPAIR THE ROOF AT IVANHOE FIRE STATION DAMAGED DURING HURRICANE WILMA.  (Olen Waldrep & Sons Roofing, Inc. - $102,320)

4.13.   BID - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE CHANGE ORDER NUMBERS 1 AND 2 TO THE CONTRACT BETWEEN THE TOWN AND BUDGET CONSTRUCTION COMPANY, INC. FOR THE DAVIE/COOPER CITY CHAMBER OF COMMERCE PARKING MODIFICATIONS.  (increase of $31,815.98)

4.14.   QUIT CLAIM DEED - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE MAYOR AND TOWN ADMINISTRATOR TO ACCEPT A QUIT CLAIM DEED FOR 10’ OF SW 148 AVENUE RIGHT-OF-WAY FROM CLARK AND BARBARA HUTCHESON, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.

4.15.   QUIT CLAIM DEED - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE MAYOR AND TOWN ADMINISTRATOR TO ACCEPT A QUIT CLAIM DEED FOR 10’ OF SW 148 AVENUE RIGHT-OF-WAY FROM CHARLES AND SUSAN ANDERSON, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.

4.16.   QUIT CLAIM DEED - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE MAYOR AND TOWN ADMINISTRATOR TO ACCEPT A QUIT CLAIM DEED FOR 10’ OF SW 148 AVENUE RIGHT-OF-WAY FROM MARTHA TABARES, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.

4.17.   QUIT CLAIM DEED - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE MAYOR AND TOWN ADMINISTRATOR TO ACCEPT A QUIT CLAIM DEED FOR 10’ OF SW 148 AVENUE RIGHT-OF-WAY FROM NANCY BENITEZ, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.

4.18.   QUIT CLAIM DEED - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE MAYOR AND TOWN ADMINISTRATOR TO ACCEPT A QUIT CLAIM DEED FOR 10’ OF SW 148 AVENUE RIGHT-OF-WAY FROM THOMAS AND SHANNON CALHOON, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.

4.19.   QUIT CLAIM DEED - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE MAYOR AND TOWN ADMINISTRATOR TO ACCEPT A QUIT CLAIM DEED FOR 50’ OF RIGHT-OF-WAY FROM AHMAD TAVAKOLI; AND PROVIDING FOR AN EFFECTIVE DATE.

4.20.   DELEGATION REQUEST - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, DELETING A 20-FOOT DRAINAGE EASEMENT, EXTENDING A 20’ CANAL MAINTENANCE EASEMENT, AND ADJUSTING A 10’ UTILITY EASEMENT ALONG THE EASTERN BOUNDARY LINE OF THE “ZARBAFI ESTATES” PLAT; AND PROVIDING AN EFFECTIVE DATE.  (DG 11-1-05, Pine Island Estates, 5150 South Pine Island Road)

4.21.   CO-LOCATION APPLICATION - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING A WIRELESS COMMUNICATION FACILITY CO-LOCATION APPLICATION BY RG PARTNERS INC. FOR METRO PCS AT THE FP&L GULFSTEAM SERVICE CENTER ON DAVIE ROAD EXTENSION; AND PROVIDING FOR AN EFFECTIVE DATE.

4.22.   AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE RATIFYING AN AGREEMENT BETWEEN THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL AND THE DAVIE COMMUNITY REDEVELOPMENT AGENCY FOR STATE ROAD 7/U.S. 441 DESIGN CHARRETTE IMPLEMENTATION ASSISTANCE; AUTHORIZING THE MAYOR TO ACKNOWLEDGE SUCH APPROVAL BY AFFIXING HIS SIGNATURE TO SAID RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.

4.23.   MONEY PURCHASE PLAN AMENDMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA AMENDING THE TOWN OF DAVIE MONEY PURCHASE PLAN IN ACCORDANCE WITH FEDERAL REGULATIONS AND PROVIDING AN EFFECTIVE DATE.

Quasi-Judicial Consent Agenda
4.24.   SP 1-4-04, Pine Island Estates, 5150 South Pine Island Road (R-3) Site Plan Committee recommended approval subject to the planning report except for the requirement that a tot lot be provided; that on model ‘C’, on the two-story side elevation, add four windows in the family room and add windows on each side of the garage; on model ‘D’, add windows to the side elevation by adding windows to the bedrooms and adding two windows to the garage; on model ‘A’, add one window on the side of the garage; on model ‘B’, add one window to the garage; on the entry sign, remove copper pots, add hip-roof caps, add stone veneer in lieu of other veneers on the base and columns, change the letter font style so that it is not “art deco”, add brackets under the hip-roof caps similar to the residential models

5.      DISCUSSION OF CONSENT AGENDA ITEMS

6.      PUBLIC HEARING
Ordinances - Second and Final Reading
6.1.    STAFF REQUESTING A TABLING TO JANUARY 4, 2006 DUE TO AN ERROR IN ADVERTISING
CODE AMENDMENT - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, APPROVING CODE AMENDMENT APPLICATION ZB(TXT)10-1-05, AMENDING THE CODE OF ORDINANCES OF THE TOWN OF DAVIE, BY AMENDING SECTION 12-286 ENTITLED RURAL LIFESTYLE REGULATION, SUBSECTION (B); PROVIDING SUPPLEMENTAL REGULATIONS FOR FENCES; AMENDING SECTION 12-309(A) ENTITLED REVIEW FOR VARIANCES; PROVIDING FOR FENCE DESIGN VARIANCES IN THE RURAL LIFESTYLE; AMENDING SECTION 12-34 ENTITLED STANDARDS ENUMERATED SUBSECTION (B) ANIMALS ADDING SUBSECTION (12); PROVIDING FOR INTENT SECTION AND  REGULATIONS FOR THE MAINTENANCE OF HOBBY FARMS; AND AMENDING SECTION 12-503 ENTITLED DEFINITIONS; PROVIDING FOR DEFINITIONS FOR HOBBY FARMS; AND PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE.  (tabled from November 7, 2005)

6.2.    STAFF REQUESTING A TABLING TO JANUARY 4, 2006 DUE TO AN ERROR IN ADVERTISING
PENSION PLAN AMENDMENT - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, AMENDING THE TOWN OF DAVIE POLICE PENSION PLAN AS PROVIDED BY THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE TOWN AND THE FRATERNAL ORDER OF POLICE, LODGE 100; PROVIDING FOR SEVERABILITY; PROVIDING FOR A REPEALER; AND PROVIDING FOR AN EFFECTIVE DATE.

6.3.    STAFF REQUESTING A TABLING TO JANUARY 4, 2006 DUE TO AN ERROR IN ADVERTISING
PENSION PLAN AMENDMENT - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, AMENDING THE TOWN OF DAVIE POLICE PENSION PLAN TO COMPLY WITH CHAPTER 185, FLORIDA STATUTES; AMENDING THE DEFINITION OF COMPENSATION IN SECTION 1.7 TO INCLUDE UP TO 120 HOURS OF OVERTIME; PROVIDING FOR SEVERABILITY; PROVIDING FOR A REPEALER; AND PROVIDING FOR AN EFFECTIVE DATE.

Ordinances - First Reading (Second and Final Reading to be held on January 4, 2006)
6.4.    MORATORIUM EXTENSION - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA EXTENDING THE PRESENT MORATORIUM ON THE FILING OF APPLICATIONS FOR ADULT ENTERTAINMENT FACILITIES OR APPLICATIONS RELATED TO THE USE OF ANY BUILDING FOR THE OPERATION OF AN ADULT ENTERTAINMENT FACILITY FOR A PERIOD OF ONE HUNDRED AND TWENTY (120) DAYS COMMENCING UPON THE ADOPTION OF THIS ORDINANCE; PROVIDING FOR FINDINGS; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.

6.5.    FEE SCHEDULE AMENDMENT - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, AMENDING THE CURRENT FEE SCHEDULES FOR THE ENGINEERING DIVISION OF THE DEVELOPMENT SERVICES DEPARTMENT OF THE TOWN OF DAVIE BY ADDING ENGINEERING PERMIT FEES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

7.      APPOINTMENTS
7.1.    Airport Advisory Board (two exclusive appointments per Councilmember; terms expire December; terms expire December 2006)

7.2.    Community Redevelopment Agency (one exclusive appointment - Councilmember Paul; one non-exclusive appointment; terms expire April 2006) (members shall either reside or engage in business within the jurisdiction of the Town)

7.3.    Fire Employees' Pension Board (two non-exclusive appointments of legal residents; appointing authority should select, from the best qualified persons, minority representation to accurately reflect that population of the area represented by the Board) (term January 2006 - December 2007)

7.4.    Open Space Advisory Committee (one exclusive appointment - Vice-Mayor Hubert; term expires April 2006)

7.5.    Parks and Recreation Advisory Board (one exclusive appointment - Councilmember Crowley; term expires April 2006) (members should have a concern with or an interest in the park facilities and recreational needs of the citizens of the Town)

7.6.    Police Employees' Pension Board (two non-exclusive appointments of legal residents; appointing authority should select, from the best qualified persons, minority representation to accurately reflect that population of the area represented by the Board) (term January 2006 - December 2007)

7.7.    School Advisory Board (two exclusive appointments - Vice-Mayor Hubert; terms expire April 2006) (insofar as possible, members are to have experience in educational matters)

7.8.    Senior Citizen Advisory Committee (one exclusive appointment - Vice-Mayor Hubert; and Councilmember Paul; terms expire April 2006) (members shall be a minimum 60 years of age)

7.9.    Water and Environmental Advisory Board (one exclusive appointment - Mayor Truex and Vice-Mayor Hubert; terms expire April 2006) (insofar as possible, one member shall be a licensed engineer)

8.      OLD BUSINESS

9.      NEW BUSINESS
9.1.    Bicycle Donation to Prestige Club of South Broward

10.     MAYOR/COUNCILMEMBER’S COMMENTS

11.     TOWN ADMINISTRATOR’S COMMENTS

12.     TOWN ATTORNEY’S COMMENTS

13.     ADJOURNMENT


ANY PERSON WISHING TO APPEAL ANY DECISION MADE BY THIS BOARD OR COMMITTEE WITH RESPECT TO ANY MATTER CONSIDERED AT SUCH MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS, AND, FOR SUCH PURPOSES, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS MADE.

Persons with disabilities requiring accommodations in order to participate should contact the Town Clerk at 954-797-1023 at least five business days prior to the meeting to request such accommodations.  If you are hearing or speech impaired, please contact the Florida Relay Service by using the following numbers: 1-800-955-8700 (voice) or 1-800-955-8771 (TDD).