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TOWN OF DAVIE
REGULAR MEETING
MAY 3, 2006
7:00 P.M.
1. PLEDGE OF ALLEGIANCE
2. ROLL CALL
3. OPEN PUBLIC MEETING
4. APPROVAL OF CONSENT AGENDA
Minutes
4.1. February 15, 2006 (Regular Meeting) (tabled from April 19, 2006)
4.2. March 1, 2006 (Regular Meeting) (tabled from April 19, 2006)
Proclamation
4.3. National Police Week (May 15, 2006) and Peace Officers’ Memorial Day (May 5, 2006)
Parade Permit
4.4. Boy Scouts of America, South Florida Council (May 29, 2006)
Resolutions
4.5. PLAT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING A PLAT KNOWN AS THE “LORSON 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 8-3-04, Lorson Estates, 1275 SW 130 Avenue) (tabled from April 19, 2006) Planning and Zoning Board recommended denial
4.6. FUNDING SUPPORT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, SUPPORTING THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL’S APPLICATION FOR FUNDING FROM THE 2006 TRANSPORTATION ENHANCEMENT PROGRAM FOR MULTI-MODAL SHELTERS ALONG STATE ROAD 7 IN DAVIE.
4.7. CONTRACT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH SUNSHINE AFTER SCHOOL CHILD CARE, INC., TO RENT DAVIE PINE ISLAND MULTIPURPOSE FACILITY FOR AFTER SCHOOL, EARLY RELEASE DAYS, SCHOOL DAYS OFF, WINTER BREAK AND SPRING BREAK AND EXTENDED SUMMER DAY CARE PROGRAMS.
4.8. AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT BETWEEN UNIVERSITY ASSOCIATES, LTD. AND THE TOWN OF DAVIE POLICE DEPARTMENT FOR TRAFFIC CONTROL.
4.9. 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
4.10. CONTRACT RENEWAL - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING A RENEWAL TO THE CONTRACT AWARDED BY BROWARD COUNTY, CONTRACT E-7-04-156-M1-1, FOR MAINTENANCE OF GENERATORS.
4.11. CONTRACT EXTENSION - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING AN EXTENSION TO THE CONTRACT BETWEEN THE TOWN AND TRIANGLE FIRE, INC. FOR PORTABLE FIRE EXTINGUISHER MAINTENANCE. (Triangle Fire, Inc. - $7,000)
4.12. CHANGE ORDER - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE CHANGE ORDER #3 WITH SELDIN CONSTRUCTION, INC. FOR THE “FIRE AND PUBLIC WORKS ADMINISTRATION BUILDING AND PUBLIC WORKS STORAGE BUILDING”. (INCREASE OF $8,726)
4.13. BID - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, ACCEPTING THE BID FOR WATER METER READING SERVICES. (Matvest, Inc., DBA Bermex, Inc. - $59,929/year)
4.14. BID - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE APPROPRIATE TOWN OFFICIALS TO ACCEPT THE BID RECOMMENDATION FOR THE PLAYGROUND FOR THE EAST DAVIE NATURE PARK. (Playmore West, Inc. - $26,925)
4.15. BID - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING THE BID AWARDED BY THE CITY OF MIAMI GARDENS (BID #04-05-016 SOUTH FLORIDA GOVERNMENT COOPERATIVE GROUP) FOR THE INSTALLATION AND REPAIR OF CONCRETE RECREATIONAL TRAILS. (Homestead Concrete & Drainage - $30,000)
4.16. BID - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, ACCEPTING THE BID FOR REHABILITATION OF LIFT STATION #5. (Akerblom Contracting, Inc. - $310,000)
4.17. BID - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, ACCEPTING THE BID AWARDED BY PALM BEACH SCHOOL BOARD CONTRACT NO. 06C-31R-TERM TO MOTOROLA FOR THE PURCHASE OF EMERGENCY SERVICES 800 MHZ PORTABLE RADIOS FOR $51,749.60.
4.18. AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, FOR AN AGREEMENT (MEMORANDUM OF UNDERSTANDING) BETWEEN THE TOWN OF DAVIE AND THE DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF STATE FIRE MARSHAL, IN ORDER TO RECEIVE FUNDING FOR THE TOWN OF DAVIE FIRE RESCUE DEPARTMENT TECHNICAL RESCUE TEAM.
4.19. PURCHASE - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING THE FLORIDA STATE CONTRACT # 250-000-03-1 FOR THE PURCHASE OF LAPTOP COMPUTERS AWARDED TO DELL COMPUTER CORPORATION. ($73,757.96)
4.20. AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE MAYOR TO ENTER INTO THE SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT WITH THE BROWARD COUNTY METROPOLITAN PLANNING ORGANIZATION.
Temporary Use Permits
4.21. TU 2-3-06, Bradford Marine Inc., 3051 West State Road 84
4.22. TU 3-4-06, Young at Art, 11584 West State Road 84
Quasi-Judicial Consent Agenda
4.23. SP 8-12-04, Lorson Estates, 1275 SW 130 Avenue (A-1) (tabled from April 19, 2006) Site Plan Committee recommended approval based on the planning report and the rezoning; that on the site plan, take the entrance feature wall and mirror it on both sides of the entry and increase it to approximately 35-feet long in order to buffer the side entry garages; access lot number four from the side street; label models on the floor plan so that they are clear; readdress the landscaping along the perimeter buffers, specifically SW 14 Street, because it does not
appear to be any type of buffer to the neighbors across the street; on model number one, add shutters to the front window, look at the gable over the garage, correct the rear elevation and make it correct to the actual configuration; on model two, look at the front fake balcony as possibly being a real balcony or a large recessed window; show the “box outs” on the floor plan that represent the architectural elements on the front; offer three different colors for the brick pavers for the driveways; add windows with some decoration to each garage; and show the roof slope at “4 to 12” and would recommend a steeper slope to give it more presence
4.24. MSP 7-4-05, Flamingo Village, 800 South Flamingo Road (RM-5) Site Plan Committee recommended approval subject to the staff recommendation report items number one, three, four and five; that the side elevations on the end units shall be per the Jeff Evans’ initialed sketches; that the lake bank area next to the retention pond shall have a five-foot flat area adjacent to the patios next to all the buildings before the slope begins; to delete the south-side signage in order to increase visibility for traffic; to change the roof material to a blended
flat-tile, shake style concrete roof; to provide back to the Site Plan Committee a sample of the roof material and color boards; and, to increase the radius on the fire truck turn-around to a 38-foot inside radius in both directions and increase the depth to 30-feet deep
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, AMENDING ORDINANCE NO. 2002-9; AMENDING SECTION 2-73(b) OF THE DAVIE CODE OF ORDINANCES BY MERGING THE CHILD SAFETY BOARD AND THE DAVIE SCHOOL ADVISORY BOARD; DELETING SECTION 2-73(f) OF THE DAVIE CODE OF ORDINANCES”; AND PROVIDING FOR AN EFFECTIVE DATE. {Approved on First Reading April 19, 2006 - all voted in favor with Councilmember Paul being out of the room}
6.2. CODE AMENDMENT - AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF DAVIE, FLORIDA AMENDING CHAPTER 13, LICENSES AND BUSINESS REGULATIONS OF THE CODE OF ORDINANCES BY DELETING ARTICLE IV ADULT ENTERTAINMENT AND MASSAGE PARLORS IN ITS ENTIRETY. PROVIDING ARTICLE IV ENTITLED SEXUALLY ORIENTED BUSINESS. PROVING FOR PURPOSE AND INTENT PROVIDING FOR DEFINITIONS; PROVIDING FOR A CLASSIFICATION OF SEXUALLY ORIENTED BUSINESSES, PROVIDING FOR LICENSING AND REGULATION OF SUCH BUSINESSES; PROVIDING FOR FEES; PROVIDING FOR THE INSPECTION,
EXPIRATION, SUSPENSION AND REVOCATION OF SEXUALLY ORIENTED BUSINESS; PROVIDING FOR HEARING AND APPEALS; PROVIDING FOR HOURS OF OPERATION; PROVIDING SUPPLEMENTAL REGULATIONS AND DESIGN STANDARDS PERTAINING TO SEXUALLY ORIENTED BUSINESS USES; PROVIDING FOR PENALTIES AND ENFORCEMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. {Approved on First Reading April 19, 2006 - all voted in favor}
6.3. CODE AMENDMENT - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA AMENDING CHAPTER 12 ENTITLED LAND DEVELOPMENT CODE OF THE CODE OF ORDINANCES PROVIDING FOR AN AMENDMENT TO SECTION 12-32 TABLE OF PERMITTED USES PERTAINING TO THE PROVISIONS OF ZONING DISTRICTS THAT WILL ALLOW SEXUALLY ORIENTED BUSINESS USES; AND TATTOO PARLORS. PROVIDING FOR AN AMENDMENT TO SECTION 12-34 DETAILED USE REGULATIONS PERTAINING TO LOCATION, DISTANCE AND CLASSIFICATION OF SEXUALLY ORIENTED BUSINESS USES; PROVIDING FOR AN AMENDMENT TO SECTION 12-503 DEFINITIONS
PERTAINING TO SEXUALLY ORIENTED BUSINESS USE DEFINITIONS; PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS, PROVIDING FOR AN EFFECTIVE DATE. {Approved on First Reading April 19, 2006 - all voted in favor}
Ordinance - First Reading (Second and final reading to be held May 17, 2006)
6.4. REZONING - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, APPROVING REZONING PETITION ZB 8-2-04, 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 8-2-04, Lorson One, LLC/POA, Acecon Construction Corp., 1275 SW 130 Avenue) (tabled from April 19, 2006) Planning and Zoning Board recommended denial for the following reasons:
that the proposed change will adversely affect living conditions in the neighborhood. The Board having received substantial credible evidence from those testifying determines that the proposed change will adversely affect the living conditions in this surrounding neighborhood; Subsection (e), the Board having received substantial credible evidence has determined that the proposed change will create or excessively increase automobile and vehicular traffic congestion above that which would be anticipated with permitted intensities or otherwise affect the public safety; Subsection (i), the Board having received substantial credible evidence from those testifying believes that there is not substantial reasons why the property cannot be used in accord with the existing zoning; therefore, the Board respectfully moves that the rezoning be denied
Quasi Judicial Item
6.5. SPECIAL PERMIT - SE 2-1-06, Lazanno and Carico/Trammell Crow Corp., 6300 Stirling Road (B-2) (placement of a modular unit to be used as a bank while repair/construction to the primary structure is being performed) Site Plan Committee recommended approval
Item to be withdrawn or tabled
6.6. PLANNING AND ZONING BOARD TABLED TO MAY 10, 2006; COUNCIL CAN TABLE TO JUNE 7, 2006
VARIANCE - V 7-3-05, DuPont, 3344 Meadowbrook Way (tabled from April 5, 2006)
6.7. TO BE WITHDRAWN BY THE PETITIONER
TRANSMITTAL - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, APPROVING FOR TRANSMITTAL APPLICATION LA 11-1-05, AMENDING THE TOWN OF DAVIE COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE PLAN MAP DESIGNATION OF CERTAIN LANDS FROM “COMMERCIAL” TO RESIDENTIAL, 16 DU/AC”; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (LA 11-1-05, Herity Realty Group, LLC/Bank of America) (tabled from March 1, 2006)
7.1. Agricultural Advisory Board (one exclusive appointment - Mayor Truex, Vice-Mayor Crowley and Councilmember Starkey; terms expire April 2008) (insofar as possible, members shall have experience in agricultural matters, related occupations or other similar skills)
7.2. Budget Advisory Committee (one exclusive appointment - Vice-Mayor Crowley; term expires April 2008) (members shall have experience in a financial related occupation, or similar skills)
7.3. Open Space Advisory Committee (one exclusive appointment - Mayor Truex, and Councilmembers Caletka and Starkey; terms expire April 2008)
7.4. Parks and Recreation Advisory Board (one exclusive appointment - Mayor Truex, Vice-Mayor Crowley and Councilmembers Caletka and Starkey; terms expire April 2008) (members should have a concern with or an interest in the park facilities and recreational needs of the citizens of the Town)
7.5. Planning and Zoning Board/Local Planning Agency (one exclusive nomination per Councilmember; term May 24, 2006 to May 22, 2007) (member must be a resident and qualified voter; nominations require Council approval)
7.6. Senior Citizen Advisory Committee (one exclusive appointment - Mayor Truex and Councilmember Caletka; terms expire April 2008) (members shall be a minimum 60 years of age)
7.7. Unsafe Structures Board (two non-exclusive appointments; terms expire April 2009) (members shall be permanent resident or have their principal place of business within the Town's jurisdiction) (one appointment shall be a plumbing contractor and one appointment shall be a real estate property manager)
7.8. Water and Environmental Advisory Board (one exclusive appointment - Mayor Truex, Vice-Mayor Crowley and Councilmembers Caletka and Starkey; terms expire April 2008) (insofar as possible, one member shall be a licensed engineer)
7.9. Youth Education and Safety Advisory Board (two exclusive appointments per Councilmember; terms expire 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.
8. OLD BUSINESS
8.1. Community Chest (deferred from April 5, 2006)
9. NEW BUSINESS
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).
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