Town of Davie, FL - Town Council Agenda 05/07/08

1. PLEDGE OF ALLEGIANCE

3. OPEN PUBLIC MEETING

4. APPROVAL OF CONSENT AGENDA

4.1 March 5, 2008 (Regular Meeting)

4.2 March 19, 2008 (Regular Meeting)

4.3 April 2, 2008 (Regular Meeting)

Business Tax Receipt

4.4 Davie Road Investments, 3636 Juniper Lane

4.5 DELEGATION REQUEST - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING A DELEGATION REQUEST TO INDICATE ALL IMPROVEMENTS REQUIRED BY THE PLAT KNOWN AS “POINTE WEST CENTER NORTH” HAVE BEEN FULFILLED, AND PROVIDING AN EFFECTIVE DATE. (DG 2-1-08, Rick Case) (tabled from April 16, 2008) [see related items 4.31 and 6.5]

4.6 BID - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, ACCEPTING THE BIDS FOR HORTICULTURAL CHEMICALS.

4.7 BID - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AWARDING THE BID FOR SUPPLY AND INSTALLATION OF MOBILE VIDEO DIGITAL CAMERA SYSTEMS FOR THE DAVIE POLICE DEPARTMENT. (Decatur Electronics, Inc. - $34, 480)

4.8 TERM EXTENSION - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, EXTENDING THE TERM OF THE AGRICULTURAL ADVISORY BOARD UNTIL APRIL 2009; AND PROVIDING AN EFFECTIVE DATE.

4.9 TERM EXTENSION - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, EXTENDING THE TERM OF THE BUDGET ADVISORY COMMITTEE UNTIL APRIL 2009; AND PROVIDING AN EFFECTIVE DATE.

4.10 TERM EXTENSION - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, EXTENDING THE TERM OF THE OPEN SPACE ADVISORY COMMITTEE UNTIL APRIL 2009; AND PROVIDING AN EFFECTIVE DATE.

4.11 TERM EXTENSION - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, EXTENDING THE TERM OF THE PARKS AND RECREATION ADVISORY BOARD UNTIL APRIL 2009; AND PROVIDING AN EFFECTIVE DATE.

4.12 TERM EXTENSION - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, EXTENDING THE TERM OF THE SENIOR CITIZENS ADVISORY COMMITTEE UNTIL APRIL 2009; AND PROVIDING AN EFFECTIVE DATE.

4.13 TERM EXTENSION - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, EXTENDING THE TERM OF THE YOUTH EDUCATION AND SAFETY ADVISORY BOARD UNTIL APRIL 2009; AND PROVIDING AN EFFECTIVE DATE.

4.14 SUNSET - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, SUNSETTING THE WATER AND ENVIRONMENTAL ADVISORY BOARD; AND PROVIDING AN EFFECTIVE DATE.

4.15 AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE TOWN OF DAVIE TO ENTER INTO AN AGREEMENT BETWEEN THE TRANSPORTATION EMERGENCY RESCUE COMMITTEE (TERC, USA) INC. AND THE TOWN OF DAVIE, FOR THE USE OF THE BERGERON RODEO GROUNDS FOR AN EXTRICATION CHALLENGE AND REQUESTING TO WAIVE RENTAL FEES. (waiver of fee - $3,000)

4.16 AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE TOWN OF DAVIE TO ENTER INTO AN AGREEMENT WITH SCOUTMASTER’S CAMPOREE, SOUTH FLORIDA COUNCIL, BOY SCOUTS OF AMERICA AND THE TOWN OF DAVIE FOR UTILIZING THE BERGERON RODEO GROUNDS AND HOLDING A MEMORIAL DAY PARADE AND WAIVING RENTAL FEES AND GRANTING PERMISSION FOR THE USE OF SERVICES AND EQUIPMENT. (waiver of fee - $3,686)

4.17 AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE TOWN OF DAVIE TO ENTER INTO AN AGREEMENT WITH BURTON & ASSOCIATES, INC. TO PROVIDE A COMPREHENSIVE IMPACT FEE STUDY. ($32,141)

4.18 AMENDED AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING AND EXECUTING THE 2008 AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE TOWN OF DAVIE, PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM BROWARD COUNTY FIFTH CENT ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL FOR TRANSIT, AND PROVIDING FOR AN EFFECTIVE DATE.

4.19 AMENDED AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING AND EXECUTING THE 2008 AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE TOWN OF DAVIE, PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS OF THE BROWARD COUNTY SIXTH CENT LOCAL OPTION GAS TAX IMPOSED BY THE BROWARD COUNTY LOCAL OPTION GAS TAX ORDINANCE, AND PROVIDING FOR AN EFFECTIVE DATE.

4.20 AMENDED AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING AND EXECUTING THE 2008 AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE TOWN OF DAVIE, PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY “ADDITIONAL” LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE, AND PROVIDING FOR AN EFFECTIVE DATE.

4.21 GRANT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE APPLICATION FOR A $6,327.00 GRANT FROM THE BULLETPROOF VEST PARTNERSHIP PROGRAM ADMINISTERED BY THE U.S. DEPARTMENT OF JUSTICE WHICH WILL REIMBURSE A PORTION OF THE COST OF BALLISTIC VESTS TO THE TOWN OF DAVIE POLICE DEPARTMENT, AND AUTHORIZING ACCEPTANCE AND EXECUTION OF THE GRANT, IF AWARDED.

4.22 GRANT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, SUPPORTING AND AUTHORIZING THE APPLICATION FOR A $126,250.00 GRANT FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE IMPLEMENTATION OF AN AGGRESSIVE DRIVING CAMPAIGN AND AUTHORIZING THE EXECUTION OF THE GRANT, IF AWARDED.

4.23 SELECTION OF FIRM - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, SELECTING THE FIRM OF VERMONT SYSTEMS, INC. TO PROVIDE RECREATION MANAGEMENT SOFTWARE AND TRAINING AND AUTHORIZING THE TOWN ADMINISTRATOR OR HIS DESIGNEE TO NEGOTIATE AN AGREEMENT FOR SUCH PRODUCTS AND SERVICES.

4.24 BOND REFUNDING - A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION REFUNDING BONDS, SERIES 2008A OF THE TOWN OF DAVIE, FLORIDA, IN THE AGGREGATE PRINCIPAL AMOUNT OF $7,250,000 FOR THE PURPOSE OF REFUNDING THE TOWN’S OUTSTANDING GENERAL OBLIGATION BONDS, SERIES 1989; AWARDING THE SALE OF THE BONDS TO WACHOVIA BANK, NATIONAL ASSOCIATION; PROVIDING FOR SECURITY FOR THE BONDS; CONTAINING OTHER PROVISIONS RELATING TO THE BONDS; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE.

4.25 BOND REFUNDING - A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION REFUNDING BONDS, SERIES 2008B OF THE TOWN OF DAVIE, FLORIDA, IN THE AGGREGATE PRINCIPAL AMOUNT OF $1,541,250 FOR THE PURPOSE OF REFUNDING THE TOWN’S OUTSTANDING GENERAL OBLIGATION BONDS, SERIES 1999; AWARDING THE SALE OF THE BONDS TO WACHOVIA BANK, NATIONAL ASSOCIATION; PROVIDING FOR SECURITY FOR THE BONDS; CONTAINING OTHER PROVISIONS RELATING TO THE BONDS; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE.

4.26 BOND REFUNDING - A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE ISSUANCE OF PUBLIC IMPROVEMENT REVENUE REFUNDING BONDS, SERIES 2008A OF THE TOWN OF DAVIE, FLORIDA, IN THE AGGREGATE PRINCIPAL AMOUNT OF $1,825,000 FOR THE PURPOSE OF REFUNDING THE TOWN’S OUTSTANDING PUBLIC IMPROVEMENT REVENUE BONDS, SERIES 1999; AWARDING THE SALE OF THE BONDS TO WACHOVIA BANK, NATIONAL ASSOCIATION; PROVIDING FOR SECURITY FOR THE BONDS; CONTAINING OTHER PROVISIONS RELATING TO THE BONDS; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE.

4.27 BOND REFUNDING - A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE ISSUANCE OF PUBLIC IMPROVEMENT REVENUE REFUNDING BONDS, SERIES 2008B OF THE TOWN OF DAVIE, FLORIDA, IN THE AGGREGATE PRINCIPAL AMOUNT OF $6,010,000 FOR THE PURPOSE OF REFUNDING THE TOWN’S OUTSTANDING PUBLIC IMPROVEMENT REVENUE BONDS, SERIES 2001; AWARDING THE SALE OF THE BONDS TO WACHOVIA BANK, NATIONAL ASSOCIATION; PROVIDING FOR SECURITY FOR THE BONDS; CONTAINING OTHER PROVISIONS RELATING TO THE BONDS; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE.

4.28 MITIGATION - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING A REQUEST FOR MITIGATION OF CODE COMPLIANCE LIENS IN CASE NO.07-1217 FROM $5,000.00 IN AMOUNT TO $ 1,635.98; AND PROVIDING AN EFFECTIVE DATE.

4.29 MITIGATION - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING A REQUEST FOR MITIGATION OF CODE COMPLIANCE LIENS IN CASE NO.07-1357 FROM $41,250.00 IN AMOUNT TO $ 12,005.23; AND PROVIDING AN EFFECTIVE DATE.

4.30 PLAT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING A PLAT KNOWN AS THE “BRIERWOOD ESTATES” AND AUTHORIZING THE MAYOR AND TOWN CLERK TO ACKNOWLEDGE THE APPROVAL BY AFFIXING THE MAYOR’S SIGNATURE AND THE TOWN SEAL TO SAID PLAT; AND PROVIDING AN EFFECTIVE DATE. (P 2-2-06, Brierwood Estates, 1385 SW 131 Terrace) Planning and Zoning Board recommended approval [see related items 4.32 and 6.4]

Quasi-Judicial Consent Agenda

4.31 SPM 8-6-07, Rick Case Hyundai Dealership, 3550 Weston Road (tabled from April 16, 2008) (BP) (tabled from April 16, 2008 Site Plan Committee recommended approval subject to the planning report [see related items 4.5 and 6.5]

4.32 MSP 12-8-05, Brierwood Estates, 1385 SW 131 Terrace (A-1) Site Plan Committee recommended approval subject to Vice-Chair Engel’s conditions regarding the asphalt recreational trail (the conditions being that the asphalt recreational trail shall meet the Town of Davie development standards for recreational trails); 2) subject to Ms. Lee’s landscape recommendations which were a) that the developer provide a landscape buffer along the western perimeter which backed up to lots 13 through 16, b) to add an additional street tree as required by Code in the rear yards, and c) to talk with the landscape architect about changing out the Bald Cypress which were located in the buffers with canopy trees that would be full and thick all year long; 3) that the developer would come back before the Committee with all their elevations; 4) make the floor plans reflect the elevations and it was okay for the site plan to proceed forward; 5) that the driveways on lots 1 and 38 be as close as possible to the western property lines of those two lots; 6) that the driveway for lot 28 be at the northern most portion of that lot; 7) that there be a backup generator at the lift station; 8) that the developer would consider some type of landscaping on the south side of SW 14th Street; and 9) that the entrance monument be shown on the site plans [see related items 4.30 and 6.4]

5. DISCUSSION OF CONSENT AGENDA ITEMS

6. PUBLIC HEARING

Ordinances - Second and Final Reading

6.1 CODE AMENDMENT - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, PROHIBITING GRAFFITI; AND RELATING TO NUISANCES, BY CREATING THE GRAFFITI PREVENTION AND REMOVAL ORDINANCE, PROVIDING DEFINITIONS; DECLARING A NUISANCE; UNLAWFUL ACTIVITIES AND DUTIES OF REMOVAL; DESIGNATING THE TOWN OF DAVIE POLICE DEPARTMENT AND CODE ENFORCEMENT WITH INVESTIGATORY AND ENFORCING AUTHORITY; SETTING FORTH A PROCEDURE FOR IMPLEMENTATION AND A BUDGET FOR FUNDING; PROVIDING FOR CIVIL AND CRIMINAL REMEDIES; PROVIDING FOR CONFLICT, SEVERABILITY, INCLUSION IN THE TOWN CODE; AND PROVIDING FOR AN EFFECTIVE DATE. {Approved on First Reading April 16, 2008. All voted in favor.}

6.2 CODE AMENDMENT - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE, CHAPTER 12, BY ADDING ARTICLE XVII, AFFORDABLE HOUSING INCENTIVE PROGRAM, DIVISION 1; SECTION 12-571 PURPOSE; SECTION 12-572 DEFINITIONS; SECTION 12-573 INCLUSIONARY UNIT REQUIREMENTS; SECTION 12-574 DENSITY BONUSES; SECTION 12-575 INCLUSIONARY HOUSING PLAN; SECTION 12-576 CONSTRUCTION STANDARDS FOR INCLUSIONARY UNITS; SECTION 12-577 EXPEDITED REVIEW OF PLANS; SECTION 12-578 PAYMENT OF FEE IN LIEU OF INCLUSIONARY UNITS; SECTION 12-579 ALTERNATIVE COMPLIANCE AND SUBMITTAL OF PROPOSED DEVELOPERS AGREEMENT FOR APPROVAL BY TOWN COUNCIL; SECTION 12-580 ELIGIBILITY FOR INCLUSIONARY UNITS; SECTION 12-581 SALES AND RENTAL PRICES FOR INCLUSIONARY UNITS; SECTION 12-582 QUALIFICATIONS FOR ELIGIBLE HOUSEHOLDS UNDER THE INCLUSIONARY AFFORDABLE HOUSING PROGRAMS; SECTION 12-583 PRIORITY FOR PARTICIPATION IN AFFORDABLE HOUSING PURCHASE PROGRAMS; SECTION 12-584 PRIORITY FOR PARTICIPATION IN AFFORDABLE HOUSING RENTAL PROGRAMS; SECTION 12-585 AFFORDABLE HOUSING TRUST FUND; PROVIDING FOR INCLUSION IN THE TOWN CODE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. {Approved on First Reading April 16, 2008. The vote was as follows: Mayor Truex - yes; Vice-Mayor Luis - yes; Councilmember Caletka - no; Councilmember Crowley - yes; Councilmember Starkey - yes}

6.3 CODE AMENDMENT - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, APPROVING MOBILE HOME RELOCATION ASSISTANCE, DEVELOPER’S RIGHTS AND RESPONSIBILITIES; PROVIDING FOR THE REPEAL OF ALL CODE PROVISIONS INCONSISTENT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. {Approved on First Reading April 16, 2008. The vote was as follows: Mayor Truex - no; Vice-Mayor Luis - yes; Councilmember Caletka - yes; Councilmember Crowley - yes; Councilmember Starkey - no}

Ordinance - First Reading/Quasi-Judicial Item (Second and Final Reading to be held May 21,

6.4 REZONING - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, APPROVING REZONING PETITION ZB 12-2-05, CHANGING THE CLASSIFICATION OF CERTAIN LANDS WITHIN THE TOWN OF DAVIE FROM A-1, AGRICULTURAL DISTRICT TO R-5, LOW MEDIUM DENSITY DWELLING DISTRICT; AMENDING THE TOWN ZONING MAP TO COMPLY THEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (ZB 12-2-05, Brierwood Estates, 1385 SW 131 Terrace) (tabled from April 16, 2008)

Quasi-Judicial Item

6.5 V 9-1-07, Rick Case Hyundai Dealership, 3550 Weston Road (BP) (to reduce the minimum 70 foot setback from all exterior property lines for stucco-aced concrete block buildings to a 25 foot exterior property line setback from State Road I-75) (tabled from April 2, 2008) Planning and Zoning Board recommended approval [see related items 4.5 and 4.31]

6.6 PLANNING AND ZONING BOARD TABLED TO MAY 14, 2008; COUNCIL CAN TABLE TO JUNE 4, 2008

VACATION - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, APPROVING VACATION APPLICATION VA 9-1-07 “DAVIE PROFESSIONAL PLAZA” VACATING A PORTION OF RIGHT-OF-WAY (O.R.B. 7652, PG 91 AND 92, B.C.R.) LYING IN THE EAST 1/2 OF THE NORTH 1/2 OF TRACT 36, SECTION 33-50-41, EVERGLADES SUGAR AND LAND COMPANY SUBDIVISION, AS RECORDED IN PLAT BOOK 3, PAGE 6 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (VA 9-1-07, Davie Professional Plaza, 5355 SW 76 Avenue)

7.1 Agricultural Advisory Board (one exclusive appointment per Councilmember; terms expire April 2010) (insofar as possible, members shall have experience in agricultural matters, related occupations or other similar skills)

7.2 Budget Advisory Committee Board (one exclusive appointment per Councilmember; terms expire April 2010) (members shall have experience in a financial related occupation, or similar skills)

7.3 Open Space Advisory Committee Agency (two exclusive appointments per Councilmember; terms expire April 2010)

7.4 Parks and Recreation Advisory Board Agency (two exclusive appointments per Councilmember; terms expire April 2010) (members should have a concern with or an interest in the park facilities and recreational needs of the citizens of the Town)

7.5 Senior Citizen Advisory Committee (two exclusive appointments per Councilmember; terms expire April 2010) (members shall be a minimum 60 years of age)

7.6 Water and Environmental Advisory Board (two exclusive appointments per Councilmember; terms expire April 2010) (insofar as possible, one member shall be a licensed engineer)

7.7 Youth Education and Safety Advisory Committee (one exclusive appointment per Councilmember - term expires April 2008) (members shall, whenever possible, have interest and expertise in law enforcement, elementary school instruction, education matters, child psychology, pediatric medicine, parenthood and grandparenthood)

7.8 Planning and Zoning Board/Local Planning Agency (one exclusive nomination per Councilmember; term May 28, 2008 to May 26, 2009) (member must be a resident and qualified voter; nominations require Council approval)

7.9 Unsafe Structures Board (two non-exclusive appointments; terms expire April 2009) (one appointment shall be a plumbing contractor and one appointment shall be a real estate property manager - both members shall be a permanent resident or have their principal place of business within the Town's jurisdiction)

8.1 A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA SUPPORTING THE PROPOSED CENTRAL BROWARD EAST-WEST TRANSIT APPROVED BY THE BROWARD METROPOLITAN PLANNING ORGANIZATION (MPO) AND ENCOURAGING THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) TO CONTINUE TO WORK WITH LOCAL GOVERNMENTS DURING THE ENGINEERING PHASE TO DESIGN A TRANSIT SYSTEM BEST ABLE TO SUPPORT TRANSIT AND PROTECT THE NEEDS OF THE TOWN OF DAVIE. (tabled from April 16, 2008)

9.1 Charter Review Board Recommendations (tabled from April 16, 2008)

9.2 Crime Victims Memorial Garden - Councilmember Starkey and Judy Wong

9.3 “Save My Train” Outreach Effort

9.4 Negotiations for Weekley Site - Councilmember Starkey

10. SCHEDULE OF NEXT MEETING

11. MAYOR/COUNCILMEMBER’S COMMENTS

12. TOWN ADMINISTRATOR’S COMMENTS

13. TOWN ATTORNEY’S COMMENTS

13.1 Litigation Report

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).