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Town Council agenda 05/17/06
TOWN OF DAVIE
REGULAR MEETING
MAY 17, 2006
7:00 P.M.


1.      PLEDGE OF ALLEGIANCE

2.      ROLL CALL

3.      PRESENTATIONS
3.1.    Part 150 - Leigh Fisher and Associates and Dickey Consulting
3.2.    Forensic Auditor - Mayer Hoffman McCann, PC
3.3.    Regional Activity Center - EDSA

4.      APPROVAL OF CONSENT AGENDA
Minutes
4.1.    March 29, 2006 (Regular Meeting)
4.2.    April 5, 2006 (Regular Meeting)

Resolutions
4.3.    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)  (tabled from May 3, 2006)

4.4.    PURCHASE - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING THE PURCHASE OF VARIOUS FURNISHINGS FOR THE OAKES ROAD FIRE RESCUE STATION #104 FROM PRIDE INDUSTRIES, INC., OF FLORIDA.  ($40,557.93)

4.5.    AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, RATIFYING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE TOWN OF DAVIE AND THE FLORIDA STATE LODGE, FRATERNAL ORDER OF POLICE, INC., GENERAL EMPLOYEES BARGAINING UNIT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

4.6.    AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT WITH AKERBLOM CONTRACTING, INC. FOR REHABILITATION OF LIFT STATION #5.  ($310,000)

4.7.    WAIVER - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING A WAIVER REQUEST TO THE SCENIC CORRIDOR REQUIREMENTS OF SECTION 12-282 OF THE LAND DEVELOPMENT CODE FOR THE WESTRIDGE PROJECT LOCATED AT 4450 FLAMINGO ROAD, PURSUANT TO SECTION 12-282 OF THE LAND DEVELOPMENT CODE OF THE TOWN OF DAVIE, FLORIDA, CONTAINING AN EFFECTIVE DATE.

4.8.    CONTRACT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE MAYOR TO SIGN THE CONTRACT WITH MATVEST, INC. D/B/A BERMEX, INC. FOR WATER METER READING SERVICES.  ($59,929)

4.9.    CONTRACT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH R&S INTEGRATED PRODUCTS AND SERVICES, INC. FOR THE CREATION OF AN AGENDA AUTOMATION WORKFLOW SOFTWARE SOLUTION, AND PROVIDING FOR AN EFFECTIVE DATE.  ($25,910 plus maintenance)

4.10.   BID - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, ACCEPTING THE BIDS FOR ATHLETIC EQUIPMENT.  ($70,000/year)

4.11.   BID - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE MAYOR TO ACCEPT THE BID RECOMMENDATION FOR THE PAVILION FOR THE EAST DAVIE NATURE PARK.  (Playspace Services, Inc. - $19,563.37)

4.12.   BID - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA APPROVING THE FLORIDA STATE CONTRACT BID AWARD FOR BLEACHERS (CONTRACT NUMBER 650-001-04-1).  (not budgeted - $57,570.86; Town to be fully reimbursed by FEMA and Town insurer)

4.13.   EASEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE MAYOR AND TOWN ADMINISTRATOR TO APPROVE A GRANT OF EASEMENT FOR THE REGENCY PLAT; TO ACKNOWLEDGE SUCH APPROVAL BY AFFIXING THE SIGNATURES AND THE TOWN SEAL TO SAID EASEMENT; AND PROVIDING FOR AN EFFECTIVE DATE.

4.14.   PLAT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING THE PLAT KNOWN AS “WESTRIDGE OAKS” 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 5-4-05, Westridge Oaks, 4450 South Flamingo Road) Planning and Zoning Board recommended denial

4.15.   AMENDED AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE TENTH AMENDMENT TO THE INTERLOCAL AGREEMENT WITH BROWARD COUNTY FOR SOLD WASTE DISPOSAL SERVICE, WHICH INTERLOCAL AGREEMENT IS DATED FOR CONVENIENCE NOVEMBER 25, 1986, BY AND BETWEEN BROWARD COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, BY AND THROUGH ITS BOARD OF COUNTY COMMISSIONERS AND THE MUNICIPALITIES WHO ARE THE PARTIES TO THE INTERLOCAL AGREEMENT.

4.16.   AMENDED AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING AND EXECUTING THE 2006 AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE TOWN OF DAVIE, PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY FIFTH CENT ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL FOR TRANSIT, AND PROVIDING FOR AN EFFECTIVE DATE.

4.17.   AMENDED AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING AND EXECUTING THE 2006 AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE TOWN OF DAVIE, PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS OF THE LOCAL OPTION GAS TAX IMPOSED BY THE BROWARD COUNTY LOCAL OPTION GAS TAX ORDINANCE, AND PROVIDING FOR AN EFFECTIVE DATE.

4.18.   AMENDED AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING AND EXECUTING THE 2006 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.

4.19.   MITIGATION - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING A REQUEST FOR MITIGATION OF THE CODE COMPLIANCE LIENS IN CASE NO. 05-862 FROM $5000.00 IN AMOUNT TO $1635.98, AND PROVIDING AN EFFECTIVE DATE.

Quasi-Judicial Consent Agenda
4.20.   WITHDRAWN BY STAFF
SP 10-2-04, Dunkin Donuts Restaurant, 3884 SW 64 Avenue (B-2) (tabled from April 5, 2006) Site Plan Committee recommended denial because the Committee was of the opinion that the Town would never accomplish what it expected of the downtown if it continued to approve parcel-by-parcel items which did not meet the intent of the Western Theme.  The Committee decided on an addendum to its recommendation that the following comments be implemented into the site plan should the Council decide to reverse the Committee’s recommendation to deny:  1) address the covered walkway on the north side of the building to be extended the entire length and that the east side of the building was totally barren; 2) the pavers at the corner are to match the current pattern; 3) look at the handicapped space location do to slope into the building; 4) bike racks are missing; 5) the Committee did not like the signage colors; and 6) parking arrangement has a dead end, no outlet parking area which does not work

5.      DISCUSSION OF CONSENT AGENDA ITEMS

6.      PUBLIC HEARING
Ordinance - Second and Final Reading
6.1.    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 {Approved on First Reading April 19, 2006 - all voted in favor, with Councilmembers Caletka and Paul dissenting}

Ordinances - First Reading (Second and final reading to be held June 7, 2006)
6.2.    VACATION - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, APPROVING VACATION PETITION VA 5-1-05 LONG KEY – FLAMINGO PARK, VACATING AND DEDICATING RIGHT-OF-WAYS AS SHOWN ON THE PLAT OF “FLORIDA FRUIT LANDS COMPANY’S SUBDIVISION NO. 1”, AS RECORDED IN PLAT BOOK 2, PAGES 17, OF THE PUBLIC RECORDS OF BROWARD COUNTY; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.  (VA 5-1-05, Long Key-Flamingo Park, southwest corner of Flamingo Road and SW 36 Street) (tabled from April 19, 2006) Planning and Zoning Board recommended approval contingent upon meetings with the resident and the retention for Bellsouth, if necessary

6.3.    REZONING/FLEX UNITS - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, APPROVING REZONING PETITION FX 7-1-05 WESTRIDGE OAKS, CHANGING THE CLASSIFICATION OF CERTAIN LANDS WITHIN THE TOWN OF DAVIE FROM: AG, AGRICULTURAL DISTRICT; TO: B-2, COMMUNITY BUSINESS DISTRICT, R-1, ESTATE DWELLING DISTRICT, AND RM-5, MULTI-FAMILY LOW MEDIUM DWELLING DISTRICT THROUGH THE ALLOCATION OF 44 RESIDENTIAL FLEXIBILITY UNITS IN ACCORDANCE WITH THE ADMINISTRATIVE RULES DOCUMENT OF THE BROWARD COUNTY LAND USE PLAN; AMENDING THE TOWN ZONING MAP TO COMPLY THEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.  (ZB 7-6-05 and FX 7-1-05, Stiles Development Company/Moersch, northeast corner of Flamingo Road and Orange Drive Planning and Zoning Board recommended denial

Quasi Judicial Items
6.4.    VARIANCE - V 11-3-05, Stiles Development Company/Moersch, northeast corner of Flamingo Road and Orange Drive (AG) (to increase the maximum building height from 50 feet to 35 feet; to increase the maximum building size from 40,000 square feet to 60,000 square feet; to increase the maximum total building area from 100,000 square feet to 119,000; to allow the required 10 foot wide curbed medians for head-to-head parking to be redistributed throughout the center) Planning and Zoning Board recommended denial

6.5.    VARIANCE - V 2-4-06, Clarke, 14450 SW 23 Street (R-1) (to reduce the minimum west side of the property from 25 feet to 0 feet so that an exiting carport additional may remain and to reduce the minimum on the east side of the property from 25 feet to 19.96 feet so that an existing screened patio may remain) Planning and Zoning Board recommended denial

Items to be tabled
6.6.    PLANNING AND ZONING BOARD TABLED TO MAY 10, 2006; COUNCIL CAN TABLE TO JUNE 7, 2006
VARIANCE - V 2-1-06, Hollingsbrook and Mather/O’Connor, 2273 SW 132 Way

6.7.    PLANNING AND ZONING BOARD TABLED TO MAY 10, 2006; COUNCIL CAN TABLE TO JUNE 7, 2006
VARIANCE - V 2-2-06, Hollingsbrook and Mather/Rousseau, 2461 SW 131 Terrace

7.      APPOINTMENTS
7.1.    Mayor Truex
7.1.1.  Airport/Transportation Advisory Board (one exclusive appointment - term expires December 2006)

7.1.2.  Agricultural Advisory Board (one exclusive appointment - term expires April 2008) (insofar as possible, members shall have experience in agricultural matters, related occupations or other similar skills)

7.1.3.  Open Space Advisory Committee (one exclusive appointment - term expires April 2008)

7.1.4.  Parks and Recreation Advisory Board (one exclusive appointment - term expires April 2008) (members should have a concern with or an interest in the park facilities and recreational needs of the citizens of the Town)

7.1.5.  Senior Citizen Advisory Committee (one exclusive appointment - term expires April 2008) (members shall be a minimum 60 years of age)

7.1.6.  Youth Education and Safety Advisory Board (two exclusive appointments - 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.

7.2.    Vice-Mayor Crowley
7.2.1.  Budget Advisory Committee (one exclusive appointment - term expires April 2008) (members shall have experience in a financial related occupation, or similar skills)

7.2.2.  Parks and Recreation Advisory Board (one exclusive appointment - term expires April 2008) (members should have a concern with or an interest in the park facilities and recreational needs of the citizens of the Town)

7.2.3.  Planning and Zoning Board/Local Planning Agency (one exclusive nomination -  term May 24, 2006 to May 22, 2007) (member must be a resident and qualified voter; nomination requires Council approval)

7.2.4.  Youth Education and Safety Advisory Board (two exclusive appointments - 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)

7.3.    Councilmember Caletka
7.3.1.  Airport/Transportation Advisory Board (one exclusive appointment - term expires December 2006)

7.3.2.  Open Space Advisory Committee (one exclusive appointment - term expires April 2008)

7.3.3.  Parks and Recreation Advisory Board (two exclusive appointments - 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)

7.3.4.  Senior Citizen Advisory Committee (one exclusive appointment - term expires April 2008) (members shall be a minimum 60 years of age)

7.3.5.  Youth Education and Safety Advisory Board (two exclusive appointments - 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)

7.4.    Councilmember Starkey
7.4.1.  Open Space Advisory Committee (one exclusive appointment - term expires April 2008)

7.4.2.  Parks and Recreation Advisory Board (one exclusive appointment - term expires April 2008) (members should have a concern with or an interest in the park facilities and recreational needs of the citizens of the Town)

7.4.3.  Youth Education and Safety Advisory Board (two exclusive appointments - 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)

7.5.    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)

8.      OLD BUSINESS
8.1.    Noise from Seminole Hard Rock Casino- Councilmember Caletka
8.2.    Green Bus Route - Councilmember Caletka

9.      NEW BUSINESS
9.1.    School Board Site Selection
9.2     Metropolitan Planning Organization Review - Councilmember Paul

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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