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Town Council Agenda 02/21/07
TOWN OF DAVIE
REGULAR MEETING
FEBRUARY 21, 2007
6:30 PM

1.      PLEDGE OF ALLEGIANCE

2.      ROLL CALL

3.      PRESENTATIONS
3.1     FAU Hometown Tour -Vice-President Joyanne Stephens

4.      APPROVAL OF CONSENT AGENDA
Minutes
4.1     November 1, 2006 (Regular Meeting) (tabled from February 7, 2007)
4.2     November 15, 2006 (Regular Meeting)
4.3     November 30, 2006 (Special Meeting)

Resolutions
4.4     AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA AUTHORIZING THE MAYOR AND THE TOWN ADMINISTRATOR TO AMEND THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF DAVIE AND EDSA FOR THE REGIONAL ACTIVITY CENTER (RAC) MASTER PLAN; PROVIDING FOR AN AMENDED SCOPE OF SERVICE TO COMPLETE SAID MASTER PLAN; PROVIDING FOR A FEE SCHEDULE AND PROJECT PHASING; AND TO ACKNOWLEDGE SUCH APPROVAL BY AFFIXING THEIR SIGNATURES TO SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE.  (tabled from February 7, 2007)

4.5     AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF AGREEMENT TO MODIFY BULK WATER AND SEWAGE USER AGREEMENT BETWEEN THE TOWN OF DAVIE AND FERNCREST UTILITIES TO PROVIDE BULK WATER AND SEWAGE SERVICE; AND PROVIDING AN EFFECTIVE DATE.  (tabled from February 7, 2007)

4.6     AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE A LEASE AMENDMENT TO AN EXISTING LEASE AGREEMENT BETWEEN THE TOWN OF DAVIE AND AMERICAN TOWER CONCERNING THE MONOPOLE TELECOMMUNICATIONS TOWER LOCATED AT 3600 FLAMINGO ROAD; AND PROVIDING FOR AN EFFECTIVE DATE.    (tabled from February 7, 2007)

4.7     CONTRACT EXTENSION - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING AN EXTENSION OF THE CONTRACT BETWEEN THE TOWN AND AMERICAN COACH LINES OF MIAMI, INC. FOR BUS TRANSPORTATION SERVICES.  ($3,000 - senior programs; $10,400 - summer programs; and $16,250 - Summer Daze program)

4.8     CONTRACT EXTENSION - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING AN EXTENSION OF THE CONTRACT BETWEEN THE TOWN AND SUNSHINE AFTER SCHOOL CHILD CARE, INC. TO RENT DAVIE PINE ISLAND MULTIPURPOSE CENTER FOR AFTER SCHOOL, EARLY RELEASE DAYS, SCHOOL DAYS OFF, WINTER BREAK AND SPRING BREAK AND EXTENDED SUMMER DAY CARE PROGRAMS.  ($4,750 revenue)

4.9     CONTRACT EXTENSION - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING AN EXTENSION OF THE CONTRACT BETWEEN THE TOWN OF DAVIE AND THE SOUTH BROWARD SOFTBALL UMPIRES ASSOCIATION, INC. FOR A PERIOD OF ONE YEAR FOR ADULT AND FAST PITCH SOFTBALL OFFICIALS.  ($18,000/year)

4.10    CONTRACT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH WILLIAMS PAVING CO., INC. TO CONSTRUCT HIATUS ROAD AT ORANGE DRIVE TURN LANE IMPROVEMENTS.  ($909,898)

4.11    AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT BETWEEN SADDLEBROOK @ DAVIE HOA, INC. AND THE TOWN OF DAVIE POLICE DEPARTMENT FOR TRAFFIC CONTROL AND AUTHORITY TO ENTER PREMISES.

4.12    AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE TOWN OF DAVIE FIRE RESCUE TO ENTER INTO AN AGREEMENT WITH THE SCHOOL BOARD OF BROWARD COUNTY (SBBC) TO ALLOW ADULT STUDENTS TO PARTICIPATE IN EMERGENCY MEDICAL SERVICE (EMS) FIELD CLINICALS

4.13    AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE APPROPRIATE TOWN OFFICIALS TO ENTER INTO A REVOCABLE LICENSE AGREEMENT WITH BROWARD COUNTY FOR THE INSTALLATION OF A SPECIAL AIR MONITORING DEVICE AT FIRE STATION 91 AND AUTHORIZING THE APPROPRIATE TOWN OFFICIALS TO ACKNOWLEDGE SUCH APPROVAL BY AFFIXING THEIR SIGNATURES TO SUCH DOCUMENT.

4.14    AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE APPROPRIATE TOWN OFFICIALS TO ENTER INTO A MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF HEALTH TO STORE CHEMICAL ANTIDOTE KITS KNOWN AS CHEMPACKS AND AUTHORIZING THE APPROPRIATE TOWN OFFICIALS TO ACKNOWLEDGE SUCH APPROVAL BY AFFIXING THEIR SIGNATURES TO SUCH DOCUMENT.

4.15    GRANT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE APPROPRIATE TOWN OFFICIAL TO ENTER INTO AN APPLICATION WITH BROWARD COUNTY TO ACCEPT A GRANT FROM BROWARD COUNTY AND THE URBAN AREAS INITIATIVE (UASI) WITH THE FINANCIAL ASSISTANCE FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY IN THE AMOUNT OF $37,800.00 AND AUTHORIZING THE APPROPRIATE TOWN OFFICIALS TO ACKNOWLEDGE SUCH APPROVAL BY AFFIXING THEIR SIGNATURES TO SUCH DOCUMENT.

4.16    BID - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, ACCEPTING BID NUMBER E106020B2 AWARDED BY BROWARD COUNTY TO EVERGLADES FARM EQUIPMENT FOR GENERATORS (NON-SHELTERED MARKET) UTILIZING GRANT FUNDING FROM THE EMERGENCY MANAGEMENT, PREPAREDNESS AND ASSISTANCE TRUST FUND TO PURCHASE A PORTABLE GENERATOR.  ($36,504)

4.17    PURCHASE - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE PURCHASE OF SIX (6) AUTOPULSE, AUTOMATIC CHEST COMPRESSION DEVICES (ACCD) AND RELATED ACCESSORIES FROM ZOLL MEDICAL CORPORATION UNDER A STATE OF FLORIDA EMS MATCHING GRANT ($98,835.00).

4.18    EXPENDITURE - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE EXPENDITURE OF LAW ENFORCEMENT TRUST FUNDS NOT TO EXCEED $14,000.00 FOR THE PURCHASE OF NEW FIREARMS FROM SIGARMS TO REPLACE OBSOLETE EQUIPMENT AND REPLACE WITH NEW ADVANCED EQUIPMENT FOR THE TOWN OF DAVIE POLICE DEPARTMENT.

4.19    DELEGATION - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING A DELEGATION REQUEST TO CHANGE THE RESTRICTIVE NOTE ON THE PLAT KNOWN AS THE “NEW TOWN COMMERCE CENTER,” AND PROVIDING AN EFFECTIVE DATE.  (DG 1-1-07, 4041 SW 47 Avenue)

4.20    PLAT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING A PLAT KNOWN AS THE “SADDLE BRIDGE” 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 9-1-05, Saddle Bridge, generally located on the south side of Griffin Road between SW 76 Avenue and SW 78 Avenue) [see related items 4.30 and 6.5] Planning and Zoning recommended denial

4.21    PLAT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING A PLAT KNOWN AS THE “YOHIMBEE 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 6-1-06, Yohimbee Estates, 6125 SW 59 Court) Planning and Zoning recommended approval

4.22    AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE METROPOLITAN CENTER AT FIU AND CARRAS COMMUNITY INVESTMENT INC., TO UNDERTAKE PLANNING, RESEARCH, AND POLICY DEVELOPMENT RELATED TO THE TOWN’S AFFORDABLE HOUSING CRISIS AND THE IMPACT OF MOBILE HOME REDEVELOPMENT ON DAVIE RESIDENTS, AND SERVE AS THE TOWN’S FACILITATOR FOR DAVIE’S MOBILE HOME TASK FORCE.

4.23    EXPENDITURE - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE TOWN MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE TOWN OF DAVIE AND BROWARD COUNTY FOR THE EXPENDITURE OF FY 2003/04 AND FY 2004/05 HOME INVESTMENT PARTNERSHIP PROGRAM (HOME) FUNDS IN THE TOTAL AMOUNT OF $312,704 TO PROVIDE FOR CLOSING COSTS AND DOWN PAYMENT ASSISTANCE TO FIRST-TIME HOMEBUYERS WHOSE INCOMES ARE AT OR BELOW 80% OF THE ANNUAL MEDIAN INCOME (AMI) LEVEL.

4.24    MOBILE HOME TASK FORCE - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, CREATING A TASK FORCE FOR THE STATED PURPOSE OF STUDYING AND RECOMMENDING SOLUTIONS TO THE AFFORDABLE HOUSING PROBLEMS WITHIN THE TOWN OF DAVIE WHICH ARE EXCASERBATED BY THE DISPLACEMENT OF MOBILE HOME RESIDENTS.

4.25    EXPENDITURE - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE EXPENDITURE OF LAW ENFORCEMENT TRUST FUNDS IN THE AMOUNT OF $11,575.00 FOR THE PURCHASE OF POWER DMS SOFTWARE FROM INNOVATIVE DATA SOLUTIONS FOR SOFTWARE MANAGEMENT OF THE DAVIE POLICE DEPARTMENT'S GENERAL ORDERS.

Temporary Use Permits
4.26    TU 12-1-06, Regency Square Parcel A, 4765 SW 148 Avenue (construction trailer)
4.27    TU 1-1-07, Saint David’s Catholic Church, 3900 South University Drive (two carnivals)
4.28    TU 1-2-07, Grif’s Western, Inc., 6211 Orange Drive (outside sales event)
4.29    TU 1-3-07, Burkhard’s Tractor & Equipment, Inc., 4180 South University Drive (sales event)

Quasi-Judicial Consent Agenda
4.30    CMSP 9-2-05, Saddle Bridge, Griffin Road, east of University Drive (Griffin Road Corridor) [see related items 4.20 and 6.5] Site Plan Committee recommended - 09/26/06 - approval subject to staff comments and the following additional comments:  1) regarding the bridge over the lake, the applicant will provide a detail of the bridge to add to the plans, that four column posts will be added, one in each corner of the bridge with post lighting to add lighting to the bridge, and the detail will include the stone as described at this meeting; 2) add lighting details to the plans as far as lighting fixtures for the community which had not been provided at this meeting; 3) on the office/retail/commercial building, revise the openings and roof design to increase the enclosure of both stairways and add additional Bahamas shutters for closures; 4) on the office/retail/commercial building the decorative roof brackets need to be coordinated in order to be consistent with the rendering; 5) on the residential units, correct the rendering to reflect that the doors on the street side near the garages are to match the plans which show the door in front and not on the side; 6) add a crosswalk between buildings five and eight; 7) on the commercial building, create a “sign band” area for all the retail spaces which will be accomplished by raising the canopy and addressing the scoring designs to provide for that; and 8) the developer would work with staff to come up with a development agreement similar to Willow Grove as to the timing and completion of the commercial structure; 01/23/07 - the Committee would like the old site plan back with two-story townhouses and 40,000 square-feet of commercial, and if it could be done without access onto 76th Avenue, they had no objections

4.31    SP 2-1-06, EFFCU - Lakeside Town Shops, northeast corner of Stirling Road and University Drive (CC) Site Plan Committee recommended approval subject to the staff report and the staff’s recommendation number one and the following conditions:  1) that the awning colors are maintained as shown; 2) that the applicant substitute the “High Rise Live Oaks” with Live Oaks and substitute the Madagascar Olives with Cassia Surattensis; 3) that the parking and main drive isles maintain a minimum lighting of three-foot candles and other areas may exceed three-foot candles; and 4) minimize the size of the air conditioning screens and revisit the location of units

5.      DISCUSSION OF CONSENT AGENDA ITEMS

6.      PUBLIC HEARING
Ordinances - Second and Final Reading
6.1     MORATORIUM - An Ordinance of the Town of Davie, providing for a a Moratorium on the acceptance of development applications for the redevelopment of mobile home parks within the corporate limits of the Town; providing for exemptions; providing for vested rights; providing for appeals; providing for exhaustion of Administrative Remedeies; providing a term; providing for severability; and providing for an effective date.  {Approved on First Reading on January 17, 2007 - all voted in favor}

6.2     VACATION - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, APPROVING VACATION PETITION VA 7-1-05 “THREE OAK BUSINESS CENTER”, VACATING PUBLIC RIGHT-OF-WAY AS SHOWN ON THE PLAT OF “DAVIE TROPICANA REPLAT”, AS RECORDED IN PLAT BOOK 165, PAGES 12, OF THE PUBLIC RECORDS OF BROWARD COUNTY; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.  (VA 7-1-05, Three Oaks Business Center, 5951 Orange Drive) Planning and Zoning Board recommended approval {Approved on First Reading on January 17, 2007 - all voted in favor}

Ordinance - First Reading (Second and Final Reading to be held March 7, 2007)
6.3     RELEASE - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, APPROVING A PETITION FOR THE RELEASE OF A CANAL RESERVATION AND ROAD RIGHTS-OF-WAY FOR THE NORTHEAST CORNER OF FLAMINGO ROAD AND ORANGE DRIVE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.  (tabled from February 7, 2007)

Resolutions
6.4     LOCAL PROJECTS - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING THE SUBMISSION OF COMMUNITY BUDGET ISSUE REQUESTS TO THE FLORIDA LEGISLATURE AND APPROPRIATION REQUESTS TO THE U.S. CONGRESS TO SEEK SUPPORT FOR THE TOWN'S PRIORITY LOCAL PROJECTS. (tabled from January 17, 2007)

6.5     FLEX ALLOCATION - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE ALLOCATION OF RESIDENTIAL RESERVE UNITS TO THE “SADDLE BRIDGE” PLAT; AND PROVIDING FOR AN EFFECTIVE DATE.  (FX 9-1-05, Saddle Bridge, generally located on the south side of Griffin Road between SW 76 Avenue and SW 78 Avenue) [see related items 4.20 and 4.30] Planning and Zoning recommended denial

Quasi Judicial Items
6.6     SPECIAL PERMIT - SE 2-2-06, Laystrom and Voight/Iryn Farm, LLC, 5241 SW 82 Avenue (CF) (for a private equestrian facility with a trailer to be used as an office) (tabled from February 7, 2007) Planning and Zoning Board recommended approval subject to the following stipulations:  1) the temporary use permit is for 18 months; 2) no commercial use; 3) no access from 82 Avenue; 4) no more than 16 horses to be stabled; 5) no audio equipment; 6) security lighting only; and 7) practice best method for horse manure disposal

6.7     SPECIAL PERMIT - SE 11-01-06, Point West Center - I/AN Imports on Weston Road, Inc., 4050 Weston Road (BP) (to allow outdoor storage of vehicles) (tabled from February 7, 2007) Planning and Zoning Board recommended approval subject to a temporary special permit for 12 months subject to Town’s Code Enforcement or other Town representative taking a visual observation of the site to look for any oil spills that may be hazardous and for the applicant to clean up any of those spills before proceeding with the installation of the mulch; and that the applicant accepts the conditions made by the Development Review Committee and will continue to comply with those conditions

7.      APPOINTMENTS
7.1     Mayor Truex
7.1.1.  Mobile Home Task Force (two exclusive appointments - one representing a mobile home park owner/manager and one representing a mobile home renter or occupant)

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

7.1.3.  Water and Environmental Advisory Board (one exclusive appointment; term expires April 2008) (insofar as possible, one member shall be a licensed engineer)

7.1.4.  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)

7.2     Vice-Mayor Crowley
7.2.1   Mobile Home Task Force (two exclusive appointments - one representing a mobile home park owner/manager and one representing a mobile home renter or occupant)

7.3     Councilmember Caletka
7.3.1   Mobile Home Task Force (two exclusive appointments - one representing a mobile home park owner/manager and one representing a mobile home renter or occupant)

7.4     Councilmember Paul
7.4.1   Airport Advisory Board (two exclusive appointments; terms expire December 2007)

7.4.2   Mobile Home Task Force (two exclusive appointments - one representing a mobile home park owner/manager and one representing a mobile home renter or occupant)

7.5     Councilmember Starkey
7.5.1   Airport Advisory Board (one exclusive appointment; term expires December 2007)

7.5.2   Mobile Home Task Force (two exclusive appointments - one representing a mobile home park owner/manager and one representing a mobile home renter or occupant)

7.5.3   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)

7.6     Mobile Home Task Force (two non-exclusive appointments)

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)

8.      OLD BUSINESS
8.1     McBroom Conservation Easement - Councilmember Starkey [deferred from February 7, 2007]
8.2     Recovery Negotiations Report (Forensic Audit)

9.      NEW BUSINESS
9.1     Return of Credit Cards by Council - Councilmember Caletka [deferred from February 7, 2007]

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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