MAY 2, 2007

7:00 PM

 

 

1.         PLEDGE OF ALLEGIANCE

 

2.         ROLL CALL

 

3.         OPEN PUBLIC MEETING

 

4.         APPROVAL OF CONSENT AGENDA

Minutes

4.1          February 21, 2007 (Regular Meeting)

4.2          March 7, 2007 (Regular Meeting)

 

Resolutions

4.3          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 March 7, 2007)

 

4.4          CONSULTING SERVICES - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, SELECTING THE FIRM OF AON CONSULTING, INC. TO PROVIDE HEALTH INSURANCE CONSULTANT SERVICES AND AUTHORIZING THE TOWN ADMINISTRATOR OR HIS DESIGNEE TO NEGOTIATE AN AGREEMENT FOR SUCH SERVICES.  (tabled from April 18, 2007)

 

4.5          BID - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, ACCEPTING THE BIDS FOR FIRST AID SUPPLIES AND EQUIPMENT.  (lowest bidder - $120,000)

 

4.6          BID - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE APPROPRIATE TOWN OFFICIALS TO ACCEPT THE BID RECOMMENDATION FOR ASPHALT RECREATIONAL TRAIL OVERLAY.  (United Underground Contractor Corp. - $15,000)

 

4.7          CONTRACT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH  GEOGRAPHIC TECHNOLOGIES GROUP FOR GIS SERVICES.


4.8          CONTRACT EXTENSION - A RESOLUTION OF THE TOWN OF DAVIE FLORIDA, APPROVING AN EXTENSION OF THE CONTRACT BETWEEN THE TOWN AND KEMP GROUP INTERNATIONAL CORPORATION FOR SCHOOL CROSSING GUARDS FOR THE POLICE DEPARTMENT.  ($250,000)

 

4.9          AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE MAYOR TO SIGN AN INTERLOCAL AGREEMENT FOR A REGIONAL BIOSOLIDS MANAGEMENT AND PLANNING STUDY BETWEEN THE CITY OF PLANTATION BROWARD COUNTY, CITY OF FORT LAUDERDALE, CITY OF MARGATE AND TOWN OF DAVIE.  ($100,000)

 

4.10        AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE TOWN OF DAVIE TO ENTER INTO AN AGREEMENT BETWEEN THE HISTORY OF CHIVALRY AND THE TOWN OF DAVIE FOR THE RENTAL OF THE BERGERON RODEO GROUNDS FOR A PROFESSIONAL MEDIEVAL KNIGHT COMPETITION.  ($750 arena rental fee)

 

4.11        AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE AUTHORIZING THE APPROPRIATE TOWN OFFICIALS TO EXECUTE AN INTERLOCAL AGREEMENT WITH BROWARD COUNTY FOR THE ACQUISITION, IMPROVEMENT, OPERATION AND MANAGEMENT OF THE DAVIE FARM PARK (OS-133); AND AUTHORIZING THE EXECUTION AND FILING OF A DECLARATION OF RESTRICTIVE COVENANTS FOR THE SITE.

 

4.12        MANAGEMENT PLAN - A RESOLUTION OF THE TOWN OF DAVIE PROVIDING THAT THE TOWN WILL PROGRAM THE OBLIGATIONS SET FORTH WITHIN THE CONCEPTUAL PARK MANAGEMENT PLAN FOR THE DAVIE FARM PARK (OS-133), INTO THE TOWN’S 5-YEAR CAPITAL IMPROVEMENTS PROGRAM WITHIN TWO YEARS. 

 

4.13        QUIT CLAIM DEED - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE MAYOR AND TOWN ADMINISTRATOR TO ACCEPT A QUIT CLAIM DEED FOR RIGHT-OF-WAY FROM D & L INVESTMENT PROPERTIES, INC.; AND PROVIDING FOR AN EFFECTIVE DATE.

 

4.14        EXPENDITURE - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE EXPENDITURE OF LAW ENFORCEMENT TRUST FUNDS IN THE AMOUNT OF $3,620.00 (PLUS ASSOCIATED SHIPPING AND HANDLING COSTS) FOR THE PURCHASE OF GUN HOLSTERS FOR THE DAVIE POLICE DEPARTMENT'S PLAIN CLOTHES OFFICERS AND DETECTIVES.  (National Law Enforcement Distributors, Inc.)


4.15        PLAT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING A PLAT KNOWN AS THE “STONE BRIDGE 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 3-2-06, Stone Bridge Estates Plat, SW 26 Street and Flamingo Road) (tabled from April 4, 2007) [see related items 4.18 and 6.2] Planning and Zoning Board recommended approval subject to the understanding that the Board was not making a judgment on the appropriateness of the SW 26 Street access

 

Temporary Use Permits         

4.16        TU 3-2-07, Commerce Bank, 5997 Stirling Road (construction trailer)

4.17        TU 4-1-07, Young at Art, 11584 W State Road 84 (children’s festival)

 

Quasi-Judicial Consent Agenda

4.18        MSP 11-2-05, Stone Bridge Estates, SW 26 Street and Flamingo Road (AG) [see related items 4.15 and 6.2] (tabled from April 4, 2007) 03/13/07 - Site Plan Committee recommended approval based on the seven items left over from the last meeting and the following:  1) that the applicant provide tree wells or retaining walls as required for the trees which were to remain and which the applicant would build around; 2) that the entrance road would not have any driveways connected onto it (just for that length of road that comes from Flamingo Road down to the loop); 3) check with Central Broward Water Control District on the berm and drainage easement; 4) add the sidewalk on the west side of the entrance road that enters the loop; 5) add 2x4 wood barricades for tree protection on all trees slated to remain on the tree landscape plan; 6) have a minimum Code black vinyl chain-link fence that separates the recreation trail from the site to be constructed before land development and to have gates from each lot into that pedestrian trail; 7) that the sheet L-1, dated 3/6/07 mitigation, will be done before the first certificate of occupancy is issued at this project; 8) that the southern property line and a portion of the western property line be cleaned up and the fence repaired (clean up is defined as removing the “invasive and exotics” on the applicant’s property and those that have fallen onto the applicant’s property); 9) that on each of the seven southern lots and when the landscaping was installed for the house that was being built, that four Oak trees 14-feet tall, be planted on each of those lots in addition to the Code requirement; and 10) that if the Central Broward Water Control District does not grant the variances that are needed, return to show the revisions to the Committee; 02/06/07 - Site Plan Committee tabled to March 13, 2007, subject to meeting with the Town’s Urban Forester and Ms. Lee in order to walk the site and assess the buffer issue as well as label trees as discussed; subject to the Development Review Agency’s [Committee’s] comments; subject to staff’s recommendations; and the following provisions: 1) exclude the ten-foot buffer at the northeast corner entrance from lot ‘2’ and adjust the square footage of that lot accordingly; 2) install pavers or stamped concrete across the road to delineate the horse trail crossing with a fence and bollards installed to prevent motor vehicles from


accessing the horse trail; 3) add a fence in addition to the hedge between the horse trail and the lots in the northern section at the time of lot construction so people do not incorporate the horse trails into their backyards; 4) site plan approval will be required for each individual house; 5) change the horse trail surface to stabilized sod; 6) provide a perimeter hedge along the buffer on Flamingo Road; and 7) continue the recreational trail coming from the northern boundary line along the west side of the entrance road until it reaches the sidewalk. 

 

5.         DISCUSSION OF CONSENT AGENDA ITEMS

 

6.         PUBLIC HEARING

Ordinances - Second and Final Reading

6.1          REZONING - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, APPROVING REZONING PETITION ZB 12-2-04, CHANGING THE CLASSIFICATION OF CERTAIN LANDS WITHIN THE TOWN OF DAVIE FROM MH-10, MOBILE HOME DISTRICT TO RM-10, MEDIUM DWELLING DISTRICT; AMENDING THE TOWN ZONING MAP TO COMPLY THEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.  (ZB 12-2-04, Colonnade Construction Group/Ponderosa Development, Inc., 4701 and 4631 SW 73 Avenue) (tabled from February 7, 2007) Planning and Zoning Board recommended denial {Approved on First Reading on January 17, 2007.  The vote was as follows: Mayor Truex - yes; Vice-Mayor Crowley - yes; Councilmember Caletka - no; Councilmember Paul - no; Councilmember Starkey - yes}

 

6.2          REZONING - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, APPROVING REZONING PETITION ZB 11-1-05, CHANGING THE CLASSIFICATION OF CERTAIN LANDS WITHIN THE TOWN OF DAVIE FROM AG, AGRICULTURAL DISTRICT TO R-1, ESTATE DWELLING DISTRICT; AMENDING THE TOWN ZONING MAP TO COMPLY THEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (ZB 11-1-05, Rhon Ernest-Jones Consulting Engineers/Nichols Associates, Ltd., southwest corner of Flamingo Road and SW 26 Street) (tabled from April 4, 2007) [see related items 4.15 and 4.18] Planning and Zoning Board recommended approval  {Approved on First Reading on April 4, 2007 subject to Central Broward Water Control District review; tree survey and relocation, protection from vehicle on radius; decorative guardrail around water body; redesigning lot 6 because of oak trees; stone-walk along bridge; bonding for trees; brick pavers; revised plat for review. All voted in favor}

 

Ordinances - First Reading (Second and Final Reading to be held May 16, 2007)

6.3          CODE AMENDMENT - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA AMENDING THE TOWN CODE OF ORDINANCES TO REPLACE THE TERM “OCCUPATIONAL LICENSE” WITH “BUSINESS TAX”; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.


6.4          CODE AMENDMENT - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, AMENDING CHAPTER 2, ARTICLE V, BOARDS AND COMMITTEES OF THE CODE OF ORDINANCES, ADDING A NEW SECTION 2-77 TO AUTHORIZE CANCELLATION OF BOARDS/COMMITTEES MEETINGS WHEN NO ITEMS ARE ON THE BOARDS/COMMITTEES’  CURRENT AGENDA OR WHERE THE BOARDS/COMMITTEES MEETING’S START TIME IS DELAYED MORE THAN THIRTY (30) MINUTES DUE TO A LACK OF QUORUM; PROVIDING FOR INCLUSION IN THE TOWN CODE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

 

7.         APPOINTMENTS

7.1          Mayor Truex

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

 

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

 

7.1.3       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 Caletka

7.2.1       Planning and Zoning Board/Local Planning Agency (one exclusive nomination; term May 26, 2007 to May 21, 2006) (member must be a resident and qualified voter; nominations require Council approval)

 

7.3          Councilmember Luis

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

 

7.4          Councilmember Starkey

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

 

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

 


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          Municipal Attorney Survey Information

 

9.         NEW BUSINESS

9.1          Airport Attorneys/Consultant's Scope of Work and Budget

 

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).


4.1

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, Assisatnt Town Clerk

 

SUBJECT:                 February 21, 2007 Minutes

 

AFFECTED DISTRICT:         N/A

 

ITEM REQUEST:                

 

TITLE OF AGENDA ITEM:  February 21, 2007 (Regular Meeting)

 

REPORT IN BRIEF:     Council minutes from the February 21, 2007 Council meeting