MARCH 22, 2007

7:30 PM

 

 

1.         PLEDGE OF ALLEGIANCE

 

2.         ROLL CALL

 

3.         INVOCATION

 

4.         CERTIFICATION OF RESULTS - March 13, 2007

 

5.         OUTGOING COUNCILMEMBER’S MESSAGE - Councilmember Paul

 

6.         RECESS

 

7.         OATH OF OFFICE

 

8.         SELECTION OF VICE-MAYOR

 

9.         INCOMING COUNCILMEMBER’S COMMENTS

 

10.       APPROVAL OF CONSENT AGENDA

            Minutes

10.1        December 20, 2006 (Regular Meeting) (tabled from March 7, 2007)

10.2        January 3, 2007 (Special Executive Session)

10.3        January 3, 2007 (Regular Meeting)

 

Resolutions

10.4        LEASE AMENDMENT - 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 21, 2007)

 

10.5        CONTRACT EXTENSION - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING AN EXTENSION OF THE CONTRACT BETWEEN THE TOWN AND ARCHIVESONE FOR OFF-SITE RECORD STORAGE SERVICES.  ($5,600 storage fees)

 


10.6        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.  (All Power Generators Corp. - $60/visit plus $35/hour labor)

 

10.7        AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH GYM-BAZ, LLC TO PROVIDE A GYMNASTIC PROGRAM AT THE DAVIE PINE ISLAND MULTIPURPOSE CENTER.  (not budgeted - instructor to be compensated 75% of the fee)

 

10.8        AGREEMENT - A Resolution of the Town of Davie, Florida authorizing the Mayor to execute an Agreement with the Florida Power and Light (FP&L) Company for the Eastside Street Lighting Project to be funded through the Town's Community Development Block Grant (CDBG) Program; authorizing the monthly maintenance fee of $1,227.40 from the Town's General Fund; and authorizing an effective date.

 

            Temporary Use Permit

10.9        TU 2-1-07, Rick Case, R+R Davie LLC, 3550 Weston Road (2 tent sales events)

 

Master Site Plan Amendment

10.10      Nova Southeastern University, 3301 College Avenue, Davie Florida

 

11.       DISCUSSION OF CONSENT AGENDA ITEMS

 

12.       PUBLIC HEARING

Ordinance - Second and Final Reading

12.1        CODE AMENDMENT - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE, CHAPTER 12, ARTICLE XII., DIVISION 3 SITE PLAN REQUIREMENTS AND PROCEDURES, SECTION 12-373, EXPIRATION OF SITE PLANS; SECTION 12-380 EFFECTIVE PERIOD OF APPROVAL; EXTENDING SITE PLAN AND MASTER PLANNED DEVELOPMENT APPROVAL EXPIRATION TO EIGHTEEN (18) MONTHS; PROVIDING FOR INCLUSION IN THE TOWN CODE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.  Planning and Zoning Board recommended approval  {Approved on First Reading on March 7, 2007.  The vote was as follows:  Mayor Truex - yes; Vice-Mayor Crowley - yes; Councilmember Caletka - yes; Councilmember Paul - no; Councilmember Starkey - yes}

 


Resolution

12.2        AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE MAYOR AND APPROPRIATE TOWN OFFICIALS TO EXECUTE THE PURCHASE AND SALE AGREEMENT WITH DAVIE 2005 LLC FOR THE PROPERTY KNOWN AS THE OLD DAVIE SCHOOL ADDITION; AND PROVIDING FOR AN EFFECTIVE DATE.  (not budgeted - $2,283,827) (Supermajority vote required)

 

13.       APPOINTMENTS

13.1        Mayor Truex

13.1.1     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)

 

13.1.2     Senior Citizen Advisory Committee (two exclusive appointment - terms expire April 2008) (members shall be a minimum 60 years of age)

 

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

 

13.1.4     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)

 

13.2        Councilmember Luis

13.2.1     Airport Advisory Board (two exclusive appointments; terms expire December 2007)

 

13.3        Councilmember Starkey

13.3.1     Airport Advisory Board (one exclusive appointment; term expires December 2007)

 

13.3.2     Mobile Home Task Force (one exclusive appointment - one representing a mobile home park owner/manager)

 

13.3.3     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)

 

13.4        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)

 


13.5        Broward League of Cities (appointment of Director, Alternate and Second Alternate; term is October 2007 - September 2008)

 

14.       OLD BUSINESS

14.1        SW 8 Street Park Site Fencing

 

15.       NEW BUSINESS

 

16.       MAYOR/COUNCILMEMBER’S COMMENTS

 

17.       TOWN ADMINISTRATOR’S COMMENTS

 

18.       TOWN ATTORNEY’S COMMENTS

 

19.       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).


10.1

APPROVAL OF CONSENT AGENDA

TOWN OF DAVIE

TOWN COUNCIL AGENDA REPORT

 

 

TO:                             Mayor and Councilmembers

 

FROM/PHONE:        Barbara McDaniel, MMC, Assisatnt Town Clerk (954) 797-1023

 

PREPARED BY:       Barbara McDaniel, MMC, Assistant Town Clerk

 

SUBJECT:                 Minutes

 

AFFECTED DISTRICT:  n/a

 

TITLE OF AGENDA ITEM:  December 20, 2006 (Regular Meeting)

 

REPORT IN BRIEF:  Council minutes from the December 20, 2006 Council meeting

 

 

PREVIOUS ACTIONS:  At the March 7, 2007 meeting, Council tabled this item to the March 22, 2006 meeting to allow items 4.21 and 4.29 to be transcribed verbatim.

 

CONCURRENCES:  n/a

 

 

FISCAL IMPACT: 

 

Has request been budgeted?    

 

If yes, expected cost:  $

 

          Account Name: 

 

If no, amount needed:  $

 

        What account will funds be appropriated from: 

 

Additional Comments: 

 

RECOMMENDATION(S):  Motion to approve

 

Attachment(s):  Minutes


TOWN OF DAVIE

REGULAR MEETING

DECEMBER 20, 2006

 

 

1.                  PLEDGE OF ALLEGIANCE

The meeting was called to order at 6:30 p.m.  and was followed by the Pledge of Allegiance.

 

2.                  ROLL CALL

Present at the meeting were Mayor Truex, Vice-Mayor Crowley, and Councilmembers Caletka, Paul and Starkey.  Also present were Town Administrator Shimun, Town Attorney Kiar, and Town Clerk Muniz recording the meeting.

 

3.                  PRESENTATIONS

3.1.                   Take A Kid Fishing - Everglades Bass Anglers

Special Projects Director Bonnie Stafiej explained the program and thanked those involved.  Mayor Truex named those involved in the program and presented certificates of appreciation to Bob McDaniel, John Niedam, and Barbara McDaniel.  Mr. McDaniel thanked Council for their encouragement of this and other kids’ sports programs in Town.

 

3.2.                   Rodeo Arena Recognition - Ron Bergeron, Troy Weekley, Tindall Growers and Davie Rodeo Association

Ms. Stafiej thanked Ronnie Bergeron for his work, and for his family’s donation for capital improvements.  Mr. Bergeron said his family was delighted to be involved and thanked Council for preserving the Town’s culture.  Mayor Truex remarked that this rodeo was a large part of the Town’s identity.  He presented Mr. Bergeron with a certificate of appreciation.

 

Ms.  Stafiej thanked Tindall Groves for the donated trees and Troy Weekley, and Leann Sullivan from the Davie Rodeo Association. 

 

3.3.                   Bike Rally - Scott Spages

Ms.  Stafiej thanked Mr. Spages for his work with the rally.

 

3.4.                   Relay for Life

A volunteer from the American Cancer Society thanked the Town for their help with the event.  Council agreed to view the Relay for Life video at a future Council meeting.

 

3.5.                   Open Space Advisory Committee -Chair Joyce Steward

Chair Joyce Steward explained the Committee’s work for the past few months and showed a PowerPoint presentation depicting the properties they were recommending for acquisition.

Mr. Shimun agreed to put a resolution regarding the acquisition sites on Council’s next agenda. 

Vice-Mayor Crowley asked if the resolution would include all of the sites in the presentation and Mr. Shimun confirmed that it would.  Councilmember Starkey also wanted to contact the Trust for Public Lands to help with the acquisitions. 

Councilmember Caletka asked if the proposed dog park at Betty Booth Roberts Park would interfere with human use of the oval track.  Ms. Steward explained that the dog park would be located inside that track area and would not hinder human use of the track.

Councilmember Paul asked if the Losee property would be ranked and indicated that the Town had received a “willing seller” letter.  Ms. Steward said they would gladly rank any property that was presented to the Committee.

Mayor Truex advised that staff was requesting that items 6.5 and 6.6 be tabled to January 3, 2007.

Councilmember Starkey made a motion, seconded by Vice-Mayor Crowley, to table.  In a voice vote, all voted in favor.  (Motion carried 5-0)

 

Mayor Truex said the petitioner had requested that item 4.30 be tabled.

Vice-Mayor Crowley made a motion, seconded by Councilmember Starkey, to table item 4.30 to January 17, 2007.  In a voice vote, all voted in favor.  (Motion carried 5-0)

 

Mayor Truex said staff had requested tabling items 4.4 and 4.31 to January 17, 2007.

Vice-Mayor Crowley made a motion, seconded by Councilmember Starkey, to table items 4.4 and 4.31 to January 17, 2007.  In a voice vote, all voted in favor.  (Motion carried 5-0)

 

Mayor Truex explained that item 6.1 concerned one or two of the individual mobile homes south of Griffin Road.  He added that the petitioner had requested this item be tabled.

Vice-Mayor Crowley made a motion, seconded by Councilmember Starkey, to table item 6.1 to January 17, 2007.  In a voice vote, all voted in favor.  (Motion carried 5-0)

 

Mayor Truex explained that item 9.1, regarding a high school in west Davie, needed to be added.

Councilmember Starkey made a motion, seconded by Mayor Truex, to add item 9.1 to their agenda.  Councilmember Caletka advised that he would be abstaining as he worked for the Broward County School.  Councilmember Starkey objected to the abstention.  Mayor Truex stated that the abstention would stand and if someone wanted to “do some parliamentary stuff and overrule me, that was up to them.”  In a voice vote, with Councilmember Caletka abstaining, all voted in favor.  (Motion carried 4-0)

 

4.                  APPROVAL OF CONSENT AGENDA

Minutes

4.1.                   October 18, 2006 (Special Executive Session - Part I)

4.2.                   October 18, 2006 (Special Executive Session - Part II)

4.3.                   October 18, 2006 (Regular Meeting)

 

Resolutions

4.4.                   DELEGATION REQUEST - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE DELETION TO THE NON-VEHICULAR ACCESS LINE OF THE “W.A.B. II INVESTMENTS,” AND PROVIDING AN EFFECTIVE DATE.  (DG 5-1-06, Eddie’s Collision Experts, 4375 SW 60 Avenue) (tabled from November 15, 2006)

 

4.5.                   PLAT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING A PLAT

R-2006-313          KNOWN AS THE “LIVE OAK 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 12-1-05, Live Oak Estates, 15250 SW 20 Street) (tabled from December 6, 2006) Planning and Zoning Board recommended approval

 

4.6.                   BOARD EXTENSION - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA,

R-2006-314          EXTENDING THE AIRPORT/TRANSPORTATION ADVISORY BOARD FOR ONE YEAR.

 

4.7.                   CHANGE ORDER - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE CHANGE ORDER #6 WITH SELDIN CONSTRUCTION, INC. TO REVISE THE 2ND FLOOR OFFICE LAYOUT WITH ADDITIONAL CABINETRY AS DESCRIBED IN THE CHANGE ORDER.  (increase of $15,820)

 

4.8.                   AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA,

R-2006-315          AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE TOWN OF DAVIE AND BROWARD COMMUNITY COLLEGE FOR COMMUNITY ORIENTED POLICE OFFICERS.  (payment of $60,000 for two officers/year)

 

4.9.                   AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA,

R-2006-316          APPROVING AN AGREEMENT BETWEEN THE BROWARD COUNTY SUPERVISOR OF ELECTIONS AND THE TOWN OF DAVIE FOR THE PURPOSE OF ENGAGING POLL WORKERS FOR MUNICIPAL ELECTIONS.

 

4.10.                AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE TO ENTER INTO AN

R-2006-317          AGREEMENT WITH THE GOLD COAST DOG CLUB, INC. FOR THE RENTAL OF THE BERGERON RODEO GROUNDS FOR WEEKLY DOG CLASSES.  ($4,250 arena rental)

 

4.11.                AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA,

R-2006-318          AUTHORIZING THE TOWN OF DAVIE TO ENTER INTO AN AGREEMENT BETWEEN THE DAVIE PRO RODEO INC AND THE TOWN OF DAVIE FOR MONTHLY PROFESSIONAL RODEO.  ($1,000 arena rental fee per event)

 

4.12.                AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA,

R-2006-319          AUTHORIZING THE TOWN OF DAVIE TO ENTER INTO AN AGREEMENT BETWEEN THE DAVIE RODEO ASSOCIATION, INC. AND THE TOWN OF DAVIE, FLORIDA FOR THE RENTAL OF THE BERGERON RODEO GROUNDS, FOR A HIGH SCHOOL RODEO.  ($1,585 arena rental waiver request)

 

4.13.                AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA,

R-2006-320          AUTHORIZING THE TOWN OF DAVIE TO ENTER INTO AN AGREEMENT BETWEEN THE DAVIE RODEO ASSOCIATION, INC. AND THE TOWN OF DAVIE, FLORIDA FOR THE RENTAL OF THE BERGERON RODEO GROUNDS, FOR WEEKLY RODEOS.  ($3,000 arena rental)

 

4.14.                AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA,

R-2006-321          AUTHORIZING THE TOWN OF DAVIE TO ENTER INTO AN AGREEMENT BETWEEN THE GOLD COAST DOG CLUB, INC. FOR THE RENTAL OF THE BERGERON RODEO GROUNDS FOR UKC DOG CONFORMATION AND OBEDIENCE TRIALS.  ($1,200 arena rental)

 

4.15.                AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA,

R-2006-322          ACCEPTING THE BID FOR SPORTS PHOTOGRAPHY SERVICE AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR SAID SERVICE WITH TSS SPORTS PHOTOGRAPHY.  ($6,700 revenue to the Town)

 

4.16.                AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA,

R-2006-323          AUTHORIZING THE MAYOR TO EXECUTE A TENANT LEASE AGREEMENT WITH EDWARD SUAREZ FOR THE CONTINUATION OF THE RESIDENTIAL SECURITY PROGRAM AT WOLF LAKE PARK. 

 

4.17.                CONTRACT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING

R-2006-324          AN EXTENSION OF THE CONTRACT BETWEEN THE TOWN OF DAVIE AND JOSEPH KELLJCHIAN FOR KARATE INSTRUCTOR SERVICE.  ($15,000 revenue to the Town)

 

4.18.                CONTRACT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA

R-2006-325          AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH TOBY’S CONCESSION SERVICES, INC. FOR CONCESSIONAIRE SERVICES AT DAVIE PINE ISLAND PARK.  ($15,000 revenue to the Town/plus $150 per event for program playoffs and tournaments)

 

4.19.                CONTRACT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA,

R-2006-326          AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH ADVANCED ROOFING, INC. TO REPAIR, RE-ROOF, OR PROVIDE NEW ROOF SYSTEMS FOR SHINGLE, TILE, FLAT OR METAL ROOFS.

 

4.20.                CONSOLIDATED PLAN AMENDMENTS - A RESOLUTION OF THE TOWN OF

R-2006-327          DAVIE, FLORIDA, AUTHORIZING THE AMENDMENTS TO THE TOWN OF DAVIE’S CONSOLIDATED PLAN FOR FEDERAL FUNDS 2002-2007 WHICH CONTAINS THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) BUDGETS; EXPANDING THE SOUTHERN BOUNDARY OF THE EASTERN CDBG TARGET AREA TO COINCIDE WITH THE DAVIE REDEVELOPMENT AREA (CRA) AND ENCOMPASS THE NEW NEIGHBORHOOD SERVICE CENTER/ONE-STOP-SHOP; AUTHORIZING AND PROVIDING AN EFFECTIVE DATE.

 

4.21.                REAFFIRMATION - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA,

R-2006-328          REAFFIRMING THE TOWN’S POLICY REGARDING THE REDEVELOPMENT OF MOBILE HOME PARKS FOR ANY USE WHICH WOULD REQUIRE THE PERMANENT AND INVOLUNTARY DISPLACEMENT OF DAVIE RESIDENTS; AND REQUIRING SUBMISSION OF AN EXIT/RELOCATION PLAN SATISFACTORY TO THE TOWN; AND, REAFFIRMING THE LACK OF AFFORDABLE HOUSING AVAILABLE IN SOUTH FLORIDA AND IT’S DETRIMENTAL IMPACT ON SENIOR CITIZENS ON FIXED-INCOMES AND LOW AND MODERATE INCOME FAMILIES AND INDIVIDUALS.

 

4.22.                GRANT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING

R-2006-329          THE APPLICATION FOR A $50,000 GRANT FROM THE HISTORICAL RESOURCES GRANTS-IN-AID SMALL MATCHING GRANT PROGRAM; AND AUTHORIZING ACCEPTANCE AND EXECUTION OF THE GRANT IF AWARDED (WITH $50,000 CASH MATCH).  (not budgeted)

 

4.23.                SELECTION OF FIRM - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA,

R-2006-330          SELECTING THE FIRM OF ILER PLANNING GROUP TO UPDATE THE TOWN'S COMPREHENSIVE PLAN AND AUTHORIZING THE TOWN ADMINISTRATOR OR HIS DESIGNEE TO NEGOTIATE AGREEMENTS FOR SUCH SERVICES.

 

4.24.                SELECTION OF FIRM - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA,

R-2006-331          SELECTING THE FIRMS OF CALVIN, GIORDANO & ASSOCIATES, INC., MILLER LEGG, LEIGH ROBINSON KERR & ASSOCIATES, INC. AND LAND DESIGN INNOVATIONS INCORPORATED TO PROVIDE COST RECOVERY CONSULTANT SERVICES AND AUTHORIZING THE TOWN ADMINISTRATOR OR HIS DESIGNEE TO NEGOTIATE AGREEMENTS FOR SUCH SERVICES.

 

4.25.                BUYOUT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING

R-2006-332          THE BUYOUT OF THE GE CAPITAL TERM LEASE MATTER AGREEMENT AND TERM LEASE SUPPLEMENT FOR LEASE AGREEMENT ASSOCIATES WITH LEASE NUMBERS 7248117-001, 7248117-002, AND 7248117-003.  ($98,716.17)

 

4.26.                DELEGATION REQUEST - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING FOR THE AMENDING OF THE PLAT NOTE RESTRICTION OF THE “PINE ISLAND COMMERCIAL,” AND PROVIDING AN EFFECTIVE DATE.  (DG 2-3-06, Pine Island Office Centre, 8501 Orange Drive)

 

4.27.                DELEGATION REQUEST - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA,

R-2006-333          APPROVING A DELEGATION REQUEST TO CHANGE THE FINDING OF ADEQUACY DATE ON THE PLAT KNOWN AS THE “GRIFFIN 78,” AND PROVIDING AN EFFECTIVE DATE.  (DG 11-1-06, Griffin 78/B & R Development, 7780 Griffin Road)