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TOWN OF DAVIE
REGULAR MEETING
JULY 19, 2006
7:00 P.M.
1. PLEDGE OF ALLEGIANCE
2. ROLL CALL
3. APPROVAL OF CONSENT AGENDA
Minutes
3.1. June 7, 2006 (Regular Meeting)
Resolutions
3.2. AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH GEOWEB CONSULT SERVICES FOR DISTRICT BOUNDARY REVIEW CONSULTANT SERVICES, AND PROVIDING FOR AN EFFECTIVE DATE. ($11,910) (tabled from July 5, 2006)
3.3. CONTRACT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH GABY & GABY, INC. FOR WILDLIFE BIOLOGIST SERVICES. (cost dependent on the number of projects authorized and budget availability)
3.4. CONTRACT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH KEITH AND SCHNARS, P.A. FOR WILDLIFE BIOLOGIST SERVICES. (cost dependent on the number of projects authorized and budget availability)
3.5. CONTRACT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH T.Y. LIN INTERNATIONAL/H.J. ROSS FOR WILDLIFE BIOLOGIST SERVICES. (cost dependent on the number of projects authorized and budget availability)
3.6. GRANT APPLICATION - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE APPLICATION FOR AN $85,000 GRANT FROM THE BROWARD COUNTY HISTORIC PRESERVATION CHALLENGE GRANT PROGRAM; AND AUTHORIZING ACCEPTANCE AND EXECUTION OF THE GRANT IF AWARDED (WITH $10,000 IN-KIND SERVICES MATCH).
3.7. GRANT APPLICATION - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE APPLICATION FOR AN EMERGENCY SUPPLEMENTAL URBAN AND COMMUNITY FORESTRY GRANT OF $50,000; AND AUTHORIZING ACCEPTANCE AND EXECUTION OF THE GRANT, IF AWARDED (WITH $16,881 IN-KIND MATCH).
3.8. GRANT APPLICATION - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE COUNTY EMS GRANT PROGRAM IN PARTNERSHIP WITH OTHER MUNICIPALITIES; AND AUTHORIZING ACCEPTANCE AND EXECUTION OF THE GRANT, IF AWARDED (WITH NO MATCHING FUNDS).
3.9. ACKNOWLEDGEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, ACKNOWLEDGING THAT A PORTION OF THE SR7/441 TRANSIT ORIENTED CORRIDOR IS LOCATED WITHIN THE 60 DNL NOISE CONTOUR LINE OF THE 2020 AIRPORT FLIGHT PATH; ACKNOWLEDGING THAT THE TOWN OF DAVIE WILL ENSURE APPROPRIATE NOISE MITIGATION MEASURES WILL BE REQUIRED FOR ANY NEW RESIDENTIAL OR OTHER INCOMPATIBLE USE BY THE DEVELOPER/BUILDER; AND ACKNOWLEDGING THAT THE TOWN OF DAVIE WILL NOT REQUEST MONETARY COMPENSATION BY THE BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS FOR IMPACTS ASSOCIATED WITH
IMPACTS WITHIN THE 60 OR GREATER DNL NOISE CONTOUR LINES FOR NEW RESIDENTIAL UNITS LOCATED WITHIN THE TOC; PROVIDING FOR AN EFFECTIVE DATE.
3.10. ENGINEERING SERVICES - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, SELECTING THE FIRM OF CALVIN, GIORDANO & ASSOCIATES INC. TO PROVIDE ENGINEERING SERVICES FOR WASTEWATER TREATMENT PLANT IMPROVEMENTS AND AUTHORIZING THE TOWN ADMINISTRATOR OR HIS DESIGNEE TO NEGOTIATE AN AGREEMENT FOR SUCH SERVICES.
3.11. EXPENDITURE - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE EXPENDITURE OF FUNDS IN THE AMOUNT NOT TO EXCEED $10,000 TO THE PINE ISLAND RIDGE CIVIC ORGANIZATION, INC. TO PAY FOR THEIR LEGAL FEES AND PROFESSIONAL SERVICES ASSOCIATED WITH THE PRE-ANNEXATION AGREEMENT BETWEEN THE PINE ISLAND RIDGE COUNTRY CLUB, INC. AND THE TOWN OF DAVIE, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE.
3.12. DEVELOPER’S AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE MAYOR AND THE TOWN ADMINISTRATOR TO ENTER INTO AN AGREEMENT BETWEEN THE TOWN OF DAVIE AND THE “PROVENCE HOMEOWNER ASSOCIATION INC.” FOR THE PLACEMENT OF AN ENTRANCE MONUMENT SIGN, LANDSCAPING WITHIN THE TOWN’S RIGHT-OF-WAY; AND PROVIDING AN EFFECTIVE DATE. (DA 6-1-06, Povence, generally located on the southwest corner of SW 14 Street between Flamingo Road and SW 127 Avenue)
3.13. REVISION - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING A REVISION TO THE NON-VEHICULAR ACCESS LINE OF THE “SPIELMAN-MARGOLIS REPLAT,” AND PROVIDING AN EFFECTIVE DATE. (DG 9-5-05, Wal-Mart, 7921 SW 45 Street)
3.14. BOND ISSUANCE - A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $16,500,000 IN AGGREGATE PRINCIPAL AMOUNT OF TOWN OF DAVIE, FLORIDA GENERAL OBLIGATION BONDS, SERIES 2006, TO PAY COSTS OF A PORTION OF THE PROJECT DESCRIBED HEREIN AND COSTS OF ISSUANCE; PROVIDING THAT SUCH GENERAL OBLIGATION BONDS SHALL CONSTITUTE GENERAL OBLIGATIONS OF THE TOWN AND THAT THE FULL FAITH, CREDIT AND TAXING POWER OF THE TOWN SHALL BE IRREVOCABLY PLEDGED FOR THE PAYMENT OF THE PRINCIPAL OF AND THE INTEREST ON SUCH
GENERAL OBLIGATION BONDS; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; PROVIDING CERTAIN DETAILS OF THE BONDS; DELEGATING CERTAIN MATTERS IN CONNECTION WITH THE ISSUANCE OF THE BONDS TO THE MAYOR; AUTHORIZING THE NEGOTIATED SALE OF THE BONDS TO THE ORIGINAL PURCHASER; APPOINTING A PAYING AGENT AND A BOND REGISTRAR; APPROVING THE FORM AND EXECUTION OF A BOND PURCHASE AGREEMENT; PROVIDING FOR A PRELIMINARY OFFICIAL STATEMENT AND AUTHORIZING THE EXECUTION OF AN OFFICIAL STATEMENT; AUTHORIZING OBTAINING A BOND INSURANCE POLICY AND ANY NECESSARY COVENANTS WITH RESPECT THERETO; COVENANTING TO PROVIDE CONTINUING DISCLOSURE IN CONNECTION WITH THE BONDS IN ACCORDANCE WITH SECURITIES AND EXCHANGE COMMISSION RULE 15c2-12 AND AUTHORIZING THE EXECUTION OF A COMMITMENT WITH RESPECT THERETO; AUTHORIZING A BOOK-ENTRY REGISTRATION SYSTEM FOR THE BONDS; AUTHORIZING CERTAIN OFFICIALS AND EMPLOYEES OF THE TOWN TO TAKE ALL ACTIONS REQUIRED IN CONNECTION WITH THE ISSUANCE OF SAID
BONDS; AND PROVIDING AN EFFECTIVE DATE
3.15. BOND ISSUANCE - A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $25,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF TOWN OF DAVIE, FLORIDA LIMITED GENERAL OBLIGATION BONDS, SERIES 2006, TO PAY COSTS OF A PORTION OF THE PROJECT DESCRIBED HEREIN AND COSTS OF ISSUANCE; PROVIDING THAT SUCH LIMITED GENERAL OBLIGATION BONDS SHALL CONSTITUTE LIMITED GENERAL OBLIGATIONS OF THE TOWN AND THAT THE FAITH, CREDIT AND TAXING POWER OF THE TOWN SHALL BE IRREVOCABLY PLEDGED FOR THE PAYMENT OF THE PRINCIPAL OF AND THE
INTEREST ON SUCH LIMITED GENERAL OBLIGATION BONDS, UP TO A MAXIMUM OF THE TAX LIMITATION AS DEFINED HEREIN; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; PROVIDING CERTAIN DETAILS OF THE BONDS; DELEGATING CERTAIN MATTERS IN CONNECTION WITH THE ISSUANCE OF THE BONDS TO THE MAYOR; AUTHORIZING THE NEGOTIATED SALE OF THE BONDS TO THE ORIGINAL PURCHASER; APPOINTING A PAYING AGENT AND A BOND REGISTRAR; APPROVING THE FORM AND EXECUTION OF A BOND PURCHASE AGREEMENT; PROVIDING FOR A PRELIMINARY OFFICIAL STATEMENT AND AUTHORIZING THE EXECUTION OF AN OFFICIAL STATEMENT; AUTHORIZING OBTAINING A BOND INSURANCE POLICY AND ANY NECESSARY COVENANTS WITH RESPECT THERETO; COVENANTING TO PROVIDE CONTINUING DISCLOSURE IN CONNECTION WITH THE BONDS IN ACCORDANCE WITH SECURITIES AND EXCHANGE COMMISSION RULE 15c2-12 AND AUTHORIZING THE EXECUTION OF A COMMITMENT WITH RESPECT THERETO; AUTHORIZING A BOOK-ENTRY REGISTRATION SYSTEM FOR THE BONDS; AUTHORIZING CERTAIN OFFICIALS AND EMPLOYEES OF
THE TOWN TO TAKE ALL ACTIONS REQUIRED IN CONNECTION WITH THE ISSUANCE OF SAID BONDS; AND PROVIDING AN EFFECTIVE DATE.
3.16. BID - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, ACCEPTING THE BIDS FOR SUPPLY AND INSTALLATION OF CHAIN LINK AND PASTURE FENCE. (chain link fence - Action Fence Corporation - primary source and Tropic Fence, Inc. - secondary source; 5 foot pasture fence - Little Critters Corral, Inc)
3.17. FIRE ASSESSMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, RELATING TO THE PROVISION OF FIRE RESCUE SERVICES, FACILITIES AND PROGRAMS IN THE TOWN OF DAVIE, FLORIDA; ESTABLISHING THE ESTIMATED ASSESSMENT RATE FOR FIRE RESCUE ASSESSMENTS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2006; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE THEREOF; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
3.18. CONTRACT AMENDMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE MAYOR OR HIS DESIGNEE (TOWN ADMINISTRATOR) TO EXECUTE CONTRACT AMENDMENT #1 WITH CORZO, CASTELLA, CARBALLO, THOMPSON, SALMAN, P.A. (C3TS), FOR ADDITIONAL SERVICES FOR CONSTRUCTION ADMINISTRATION FOR THE OAKES ROAD FIRE STATION AS DESCRIBED IN THE CONTRACT AMENDMENT. ($22,320)
Temporary Use Permits
3.19. TU 5-2-06, Florida Street Rods, Inc., 1904 South University Drive (weekly auto show)
3.20. TU 6-2-06, NSU 5-K Run-Walk at Nova Southeastern University, 3301 College Avenue
Quasi-Judicial Consent Agenda
3.21. PETITIONER REQUESTING A TABLING TO SEPTEMBER 20, 2006
SP 10-2-04, Dunkin Donuts Restaurant, 3884 SW 64 Avenue (B-2) (tabled from July 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
3.22. SPM 5-1-06, Stonebrook Estates, 12885 and 12855 Stonebrook Drive (E) Site Plan Committee recommended approval
3.23. MSP 6-1-05, Wal-Mart - Margolis Site, northwest corner of Orange Drive and University Drive (B-2) Site Plan Committee recommended approval the site plan subject to Planning and Zoning Division Recommendations, under Site Plan, excluding numbers 2, 3, and 4; under Landscape Plan, excluding numbers 1, 2, and 3; and all other recommendations stay in tact. Also include the following: 1) that the applicant agrees to modify the entry curve on the southern University Drive entrance including the divider island; 2) the compactor wall needs to be brick clad
and all other walls will be of stone and brick materials; 3) the eight-foot screen wall on Orange Drive will match the brick and stucco facades; 4) the western wall is to be extended to the southern curb as far as possible in the truck loading dock area; 5) clarify that the garden center storage is reflected accurately on plans A0.1; 6) create a loading area for the garden area that is not in a drive aisle; 7) that the applicant agrees not to have outside garden areas or displays, ever; 8) the retaining walls on University Drive that had been discussed will be of brick and stone facades, with additional decorative sections, or stone columns, or landscaped “hardscape” walls; 9) cart corrals will not have Wal-Mart signage on them at any location (and make them look attractive); 10) add stop bars, stop signs and arrows by the rear loading dock area where missing; 11) adjust light levels in the parking lot and review with Town staff so that there would not be excessive
lighting in areas where not needed; 12) on the north side buffer, add Oak trees every 30 feet staggered forward and back on the ten-foot buffer that begins on the corner of the property and goes to the conservation area; 13) applicant will use best efforts to vacate and/or get permission to plant in the northern utility easement, and if permission is obtained, spread out the landscaping to match the staggering Oak tree plan; 14) add Cocoplum hedge/understory in the Oak tree area as described in item number 12; 15) add staggered Oaks on the northeast corner of the landscape buffer (right side of preserve/conservation area); 16) match entry trees on University Drive entrances and at the corner of Orange Drive and University Drive by adding clusters of Royal Palms and each area will be clusters of five trees except for the corner of Orange Drive and University Drive, on that corner there will be a cluster of nine Royal Palms on the corner feature; 17) add retaining walls in the berms
with stone facades on University Drive and Orange Drive (agreed to have three on the south end, one between each of the entrances on University Drive, and one on the hardscaped corner); 18) with regard to the landscaping, the landscaping plan is to come back before the Committee for a final review; 19) add decorative lighting on the sidewalks in front of the store along with some bollard lighting in addition to just the wall lighting; 20) with regard to traffic issues, Wal-Mart will continue to diligently pursue a signal light on University Drive throughout the approval process; 21) Wal-Mart has agreed to contribute $100,000 towards the 76th Avenue improvements; 22) Wal-Mart has agreed to provide the left-turn lane at the bridge on Orange Drive; 23) Wal-Mart has agreed that there will be no overnight parking of RVs’ or campers on the property and that will be a deed restriction on the property; 24) Wal-Mart has agreed that there will be no deliveries between 11:00 p.m. and
7:00 a.m.; 25) that Wal-Mart will do a redesign of the sidewalk that comes down University Drive, around the retention area, around the Snyder property and connecting into Orange Drive and the sidewalks on Orange; and that this approval is subject to the Town Attorney giving a legal opinion that the Development Agreement is still valid
4. DISCUSSION OF CONSENT AGENDA ITEMS
5. PUBLIC HEARING
Ordinance - First Reading (Second and final reading to be held August 2, 2006)
5.1. RETIREMENT PLAN AMENDMENT - AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF DAVIE, FLORIDA, AMENDING THE TOWN OF DAVIE RETIREMENT PLAN AND TRUST FOR THE MANAGEMENT AND GENERAL EMPLOYEES; AMENDING THE DEFINITION OF MANAGEMENT EMPLOYEE TO EXCLUDE DEPUTY AND ASSISTANT FIRE AND POLICE CHIEFS; PROVIDING FOR CONTINUATION OF EXISTING MEMBERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR A REPEALER; AND PROVIDING FOR AN EFFECTIVE DATE. (tabled from July 5, 2006)
Items to be Tabled
5.2. PLANNING AND ZONING BOARD TABLED TO AUGUST 23, 2006; COUNCIL CAN TABLE TO SEPTEMBER 20, 2006
V 2-1-06 O’Connor, 2273 SW 132 Way
5.3. PLANNING AND ZONING BOARD TABLED TO AUGUST 23, 2006; COUNCIL CAN TABLE TO SEPTEMBER 20, 2006
V 2-2-06 Rousseau, 2461 SW 131 Terrace
5.4. AS THE PLANNING AND ZONING MEETING OF JUNE 28, 2006 WAS CANCELLED, THIS ITEM WAS DEFERRED TO JULY 12, 2006; COUNCIL CAN TABLE TO AUGUST 2, 2006
VARIANCE - V 4-1-06, Rodriguez, 10061 SW 15 Place (PRD 3.4)
6.1. Mayor Truex
6.1.1. Airport/Transportation Advisory Board (one exclusive appointment - term expires December 2006)
6.1.2. 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)
6.1.3. 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)
6.1.4. Senior Citizen Advisory Committee (one exclusive appointment - term expires April 2008) (members shall be a minimum 60 years of age)
6.2. Vice-Mayor Crowley
6.2.1. 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)
6.2.2. Community Redevelopment Agency (one exclusive appointment - term expires April 2008) (member shall either reside or engage in business within the jurisdiction of the Town)
6.3. Councilmember Caletka
6.3.1. Youth Education and Safety Advisory Board (one exclusive appointment - 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)
6.4. Councilmember Paul
6.4.1. District Boundaries Review Committee (one exclusive appointment from the respective Councilmember’s district; term expires upon submittal of recommendation to the Town Council) (members shall be a registered voter)
6.5. Councilmember Starkey
6.5.1. District Boundaries Review Committee (one exclusive appointment from the respective Councilmember’s district; term expires upon submittal of recommendation to the Town Council) (members shall be a registered voter)
6.6. 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)
6.7. Florida League of Cities Voting Delegate and Alternate
7. OLD BUSINESS
7.1. Home Occupational License Update - Development Services Director Mark Kutney
8. NEW BUSINESS
8.1. Review of Site Work Permit Fees for Downtown Davie
9. MAYOR/COUNCILMEMBER’S COMMENTS
10. TOWN ADMINISTRATOR’S COMMENTS
11. TOWN ATTORNEY’S COMMENTS
12. 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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