May 16, 2007

7:00 PM

 

 

1.         PLEDGE OF ALLEGIANCE

 

2.         ROLL CALL

 

3.         APPROVAL OF CONSENT AGENDA

Minutes

3.1          March 22, 2007 (Regular Meeting)

3.2          April 4, 2007 (Regular Meeting)

 

Proclamation

3.3          Emergency Medical Services Week  (May 20-26, 2007)

 

Resolutions

3.4          ASSET VALUATION SERVICES - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, SELECTING THE FIRM OF AMERICAN APPRAISAL ASSOCIATES, INC. TO PROVIDE ASSET VALUATION  SERVICES FOR GASB 34 COMPLIANCE AND AUTHORIZING THE TOWN ADMINISTRATOR OR HIS DESIGNEE TO NEGOTIATE AN AGREEMENT FOR SUCH SERVICES.

 

3.5          ELECTRICAL ENGINEERING SERVICES - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, SELECTING THE FIRM OF GLE ASSOCIATES, INC. TO PROVIDE ELECTRICAL ENGINEERING SERVICES FOR THE GENERATORS, PHASE II PROJECT AND AUTHORIZING THE TOWN ADMINISTRATOR OR HIS DESIGNEE TO NEGOTIATE AN AGREEMENT FOR SUCH SERVICES.

 

3.6          AgREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT BETWEEN LONG LAKE RANCHES WEST HOMEOWNERS ASSOCIATION, INC. AND THE TOWN OF DAVIE POLICE DEPARTMENT FOR TRAFFIC CONTROL.

 

3.7          AgREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AFFIRMING IT’S INTENT TO ENTER INTO AN AGREEMENT WITH THE FRIENDS OF THE FARM PARK, INC. FOR THE PURPOSE OF COOPERATIVE JOINT EFFORT IN THE DEVELOPMENT AND OPERATION OF THE DAVIE FARM PARK.


3.8          AgREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING AND EXECUTING THE 2007 AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE TOWN OF DAVIE, PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM BROWARD COUNTY FIFTH CENT ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL FOR TRANSIT, AND PROVIDING FOR AN EFFECTIVE DATE.

 

3.9          AgREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING AND EXECUTING THE 2007 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.

 

3.10        AgREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING AND EXECUTING THE 2007 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.

 

3.11        AgREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE TOWN OF DAVIE TO ENTER INTO AN AGREEMENT WITH SAPOZNIK INSURANCE & ASSOCIATES, INC. FOR HEALTH INSURANCE CONSULTANT SERVICES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

3.12        AgREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE TOWN OF DAVIE AND NOVA SOUTHEASTERN UNIVERSITY FOR COMMUNITY ORIENTED POLICE OFFICERS.

 

3.13        gRANT APPLICATION - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE FDOT INTERMODAL DEVELOPMENT PROGRAM ON BEHALF OF NOVA SOUTHEASTERN UNIVERSITY FOR SIGNAGE AND KIOSKS AND AUTHORIZING THE TOWN TO ACT AS THE GOVERNMENTAL SPONSOR FOR SUCH APPLICATION.

 

3.14        PLAT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING A PLAT KNOWN AS THE “M & U PROPERTIES” 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 11-1-05, M & U Properties Plat, 8280 Griffin Road) (B-2) Planning and Zoning Board recommended  approval


3.15        PLAT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING A PLAT KNOWN AS THE “ROUNTREE PLAT” 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 6-3-06, Rountree Plat, Linda Strutt Consulting, Inc./200 Harvard Corp., 4561, 4575, and 4595 Oakes Road and 3520 and 3540 Burris Road) (B-2) Planning and Zoning Board recommended approval [see related item 5.6]

 

4.         DISCUSSION OF CONSENT AGENDA ITEMS

 

5.         PUBLIC HEARING

Ordinances - Second and Final Reading

5.1          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.  {Approved on First Reading on May 2, 2007.  The vote was as follows: Mayor Truex - yes; Vice-Mayor Caletka - yes; Councilmember Crowley – out of room;  Councilmember Luis - yes; Councilmember Starkey - yes}

 

5.2          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.  {Approved on First Reading on May 2, 2007.  All voted in favor}

 

Ordinances – First Reading (Second and Final Reading to be held June 6, 2007)

5.3          CODE AMENDMENT - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE, CHAPTER 12, ARTICLE II, SECTION 12-24, STATEMENT OF PURPOSE AND INTENT OF ZONING DISTRICTS; ARTICLE III, SECTION 12-32, TABLE OF PERMITTED USES; SECTION 12-33 GENERAL REGULATIONS; SECTION 12-34, DETAILED USE REGULATIONS – STANDARDS ENUMERATED; ARTICLE V, SECTION 12-83, COMMERCIAL CONSERVATION STANDARDS; ARTICLE VI, SECTION 12-107, LANDSCAPING STANDARDS FOR LOTS AND SITES; ARTICLE VII, SECTION 12-208, REQUIREMENTS FOR OFF STREET PARKING; ARTICLE XI, ADDING SECTION 12-349 REVIEW OF APPLICATIONS FOR DEVELOPMENT OF LAND FORMERLY IN HACIENDA VILLAGE OR UNINCORPORATED BROWARD COUNTY CURRENTLY USED FOR RECYCLING, SCRAP METAL PROCESSING, AND AUTOMOBILE WRECKING YARD; AND AMENDING ARTICLE XIV, SECTION 12-503, DEFINITIONS; AMENDING RECYCLING, SCRAP METAL PROCESSING, AND AUTOMOBILE WRECKING YARDS AS EXISTING LEGAL USES IN THE M-3 ZONING DISTRICT WHEN THE PROPERTY WAS DESIGNATED FOR JUNKYARD USE UNDER HACIENDA VILLAGE OR BROWARD COUNTY CODES AND THE EXISTING USE IS LEGALLY PERMITTED; PROVIDING FOR INCLUSION IN THE TOWN CODE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (tabled from April 4, 2007) Local Planning Agency recommended  approval subject to the amendments previously set forth which were:  1) an amendment to Subsection (U), page 4, four lines up from the bottom of the page, it should read “…practices otherwise conform to generally accepted Recycling, Scrap Metal Processing and Automobile Wrecking Yard business practices, the operation does not emit noxious odors, is in conformance with all applicable environmental regulations, and otherwise conforms with the nuisance standards as defined by the Town code.”;  2) page 5, with (HH), add to the end of the last sentence:  “…which shall not be deemed to include the permanent storage of said inventory or material.”; and 3) in the same definition as (HH) after the previously added wording, add the sentence:  This definition shall not be deemed to include the reduction of concrete to a powder like form.” (Motion carried 5-0)

 

5.4          CODE AMENDMENT - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, AMENDING CHAPTER 25 OF THE TOWN CODE ENTITLED “UTILITIES“, BY AMENDING SECTION 32 ENTITLED “WATER CONSERVATION” BY REVISING THE MONTHLY WATER RATE CHARGES AND BLOCK ADJUSTMENTS AND PROVIDING FOR YEAR ROUND WATER CONSERVATION, PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. 

 

Ordinances - First Reading/Quasi-Judicial Items (Second and Final Reading to be held June 6, 2007)

5.5          REZONING - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, APPROVING REZONING PETITION ZB 1-2-06, CHANGING THE CLASSIFICATION OF CERTAIN LANDS WITHIN THE TOWN OF DAVIE FROM MH-1, MOBILE HOME RESIDENTIAL 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 1-2-06, Brennand, 12700 SW 14 Place) Planning and Zoning Board recommended  approval

 

5.6          REZONING - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, APPROVING REZONING PETITION ZB 6-1-06, CHANGING THE CLASSIFICATION OF CERTAIN LANDS WITHIN THE TOWN OF DAVIE FROM M-3 HACIENDA VILLAGE TO M-3, PLANNED INDUSTRIAL PARK DISTRICT; AMENDING THE TOWN ZONING MAP TO COMPLY THEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.  (ZB 6-1-06, Linda Strutt Consulting, Inc./200 Harvard Corp., 4561, 4575, and 4595 Oakes Road and 3520 and 3540 Burris Road) Planning and Zoning Board reommended approval  [see related item 3.15]

 

Quasi-Judicial Item

5. .7        V 12-02-06,  Pico, 15031 Brighton Lane (PUD, County) (reduce the required west side setback from 15 feet to 10 feet in order to install a dock in the rear of the yard)  Planning and Zoning Board recommended approval subject to compliance with all of staff’s comments including the engineering requirements of obtaining a marine engineer that would provide marine engineering plans to the Town of Davie for approval


6.         APPOINTMENTS

6.1          Mayor Truex

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

 

6.1.2       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)

 

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

 

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

 

6.1.5       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)

 

6.2          Vice-Mayor Caletka

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

 

6.3          Councilmember Luis

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

 

6.4          Councilmember Starkey

6.4.1       Airport Advisory Board (one exclusive appointment - terms expire December 2007)

 

6.5          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)

 

7.         OLD BUSINESS

7.1          Response to FAA's and Broward County’s Draft EIS

7.2          Bid Specifications for Legal Services

7.3          Naming of Basketball Court (Mayor Truex)


8.         NEW BUSINESS

8.1          Selection of Auditing Service

8.2          Increase in Police Off-Duty Detail Fee (Vice-Mayor Caletka)

8.3          Downtown Davie Project - Request for Assistance

 

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).

 

 


3.1

APPROVAL OF CONSENT AGENDA

May 16, 2007

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:                 March 22, 2007 Minutes

 

AFFECTED DISTRICT:         not applicable

 

ITEM REQUEST:                

 

TITLE OF AGENDA ITEM:  March 22, 2007 (Regular Meeting)

 

REPORT IN BRIEF:     Council minutes from the March 22, 2007 Council meeting.

 

 

PREVIOUS ACTIONS:  n/a

 

CONCURRENCES:  n/a

 

 

FISCAL IMPACT: 

 

Has request been budgeted?    

 

RECOMMENDATION(S):  Motion to approve

 

Attachment(s):  Minutes


TOWN OF DAVIE

REGULAR MEETING

MARCH 22, 2007

 

 

1.         PLEDGE OF ALLEGIANCE

The meeting was called to order at 7:35 p.m. and was followed by the Pledge of Allegiance.

 

2.         ROLL CALL

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

 

3.         INVOCATION

Pastor Daryl Sturenberg, from Gloria Day Lutheran Church, led the Council in the invocation.

 

4.         CERTIFICATION OF RESULTS - March 13, 2007

Town Clerk Muniz read the results into the record:  By virtue of running unopposed, Vice-Mayor Crowley retained his seat in District 2.  Councilmember Starkey was re-elected in District 3, receiving 36.32 % of the vote.  Marlon Luis was elected in District 4, receiving 62.96% of the vote.

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

 

5.         OUTGOING COUNCILMEMBER’S MESSAGE - Councilmember Paul

Mayor Truex presented Councilmember Paul with a plaque in recognition of her service to the Town as a member of Council.  Councilmember Paul said she had spent the morning at the Broward County School Board Site Selection Committee meeting and announced that the Committee had not selected the site in Davie for a new high school.

Councilmember Paul advised that she intended to stay active with the preservation issue, which was important to her.  She thanked Town employees who had made the past nine years wonderful for her, stating that their attentiveness to her needs and their desire to serve their community through her was outstanding.  Councilmember Paul stated she was proud of her record, and hoped to be remembered by one of her campaign slogans: “Promises made are promises kept” or “Being a voice of the people.” 

Councilmember Paul said she had tried to stay true to their mission statement, the Town’s comprehensive plan, and the future land use map.  She noted she had been on the losing side of a vote many times, but she had never let this deter her from her mission: she loved Davie, she had great hopes for Davie for the future and she loved all of the people who made it a great place to live.

Councilmember Paul wished Mr. Luis success and reminded him to be true to his heart, and be a man of his word, use common sense and sound judgment, and remember that his allegiance was to his constituents.

Councilmember Paul thanked everyone for nine great years, and said she was looking forward to her future as an activist.

 

6.         RECESS

Mayor Truex recessed the meeting at 7:40 p.m. and reconvened at 7:55 p.m.

 

7.         OATH OF OFFICE

Doug Bell of the Central Broward Water Control district swore in Mr. Crowley.  Judge Dishowitz swore in Ms. Starkey.  Ms. Paul swore in Mr. Luis.

 


8.         SELECTION OF VICE-MAYOR

Vice-Mayor Crowley nominated Councilmember Caletka for the position.  Councilmember Luis seconded the nomination.  In a voice vote, with Mayor Truex and Councilmember Starkey dissenting, all voted in favor.  (Motion carried 3-2) 

 

9.         INCOMING COUNCILMEMBER’S COMMENTS

Councilmember Crowley jokingly remarked that it had been a tough campaign and thanked residents for their faith in him to elect him for another three years.  He thanked, and said goodbye as well, to Ms. Paul.

Councilmember Starkey said that the District 3 race had been “spicy” and thanked everyone who had worked in the campaigns.

Councilmember Luis thanked his friends and the residents who had supported him and shared their ideas, frustrations and hopes for a better Davie.  He promised to incorporate those ideas into his approach to his new position.  Councilmember Luis said he had learned much from Ms. Paul and hoped to maintain her high standards of providing service to her constituents.  Councilmember Luis thanked many who had helped in his campaign and supported him, and said he looked forward to working with his new colleagues.

 

Mayor Truex advised that there had been a request to table item 10.7.

Councilmember Starkey made a motion, seconded by Councilmember Crowley, to table to the second meeting in April [April 18, 2007].  In a voice vote, all voted in favor.  (Motion carried 5-0)

 

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,

R-2007-84           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,

R-2007-85           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,

R-2007-86           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

R-2007-87          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

Councilmember Starkey pulled items 10.4 and 10.10 from the consent agenda.

Councilmember Crowley made a motion, seconded by Councilmember Starkey, to approve the consent agenda minus items 10.4 and 10.10.  In a voice vote, all voted in favor.  (Motion carried 5-0)

 

10.4        Councilmember Starkey did not agree with co-locating any cell tower co-providers on this monopole because the Town was considering redesigning the Fire Station 68 site or finding a new site.  She felt there were other options, such as disguising it as a flagpole.  Mr. Shimun confirmed for Mayor Truex that co-locating was the preferred alternative, and he thought it would be similar to what was already there.

Councilmember Crowley assumed the item had been tabled a couple of times to iron out some potential issues.  He wanted to hear explaining what issues existed.  Chief Don DiPetrillo said there were several issues.  First, the existing site was not being maintained properly.  This amendment presented an opportunity to get the owner to do what was necessary.

Program Manager Phillip Holste said American Tower was not interested in relocating the tower, and the Town would have to bear that expense.  He informed Vice-Mayor Caletka that the Town realized $60,000 in revenue each year from this and the additional co-location would add $12,000.

Mayor Truex felt Council should approve it, but wanted to find a way to ensure that it was maintained.  Mr. Cherof said this was possible, but it was not currently a provision of the contract.  They could add this to the amendment, but it would then become negotiable.  Mayor Truex thought this should be added.  Mr. Holste explained that the amendment included bringing the site up to code regarding the landscape buffer and similar issues.  There was a 10-day deadline for this, and if they failed to comply, the Town could make the improvements and charge the tower owner for the work.

Councilmember Starkey made a motion to deny.  Motion died for lack of a second.

Councilmember Crowley made a motion, seconded by Vice-Mayor Caletka, to approve.  In a voice vote, with Councilmember Starkey dissenting, all voted in favor.  (Motion carried 4-1)


10.10      John Santulli, Vice President of Nova Southeastern University (NSU), introduced Kona Gray from EDSA, and Adolpho Kotia from Akai Associates, and presented the annual update to the campus Master Plan.

Mr. Gray explained they had created a campus within a campus for the K-12 Program for safety.  Mr. Kotia presented the rendering for the Center for Collaborative Research and described its configuration.

Councilmember Starkey asked about tax revenues the Town would receive from the private school.  Mr. Santulli stated that the taxable portion was the academical village, which would begin construction in approximately one year.  Mr. Santulli informed Councilmember Luis they would apply for permitting in approximately one year for the academical village and the research building.  For the university school buildings, they would apply in approximately eight months.

Councilmember Crowley asked Mr. Santulli if the Town had indicated they could meet the new building’s water needs.  Mr. Santulli believed the Town currently had the capacity, but reminded Councilmember Crowley that the infrastructure agreement Council had approved two weeks ago included a provision allowing the school to build the Town’s capacity if it impeded the NSU from moving forward, and to be reimbursed when other projects tied in.  Councilmember Crowley thought the water might not be available and wanted to know whether the Town would be able to provide the water before large developments such as this moved forward.

Councilmember Starkey remembered discussions with NSU regarding plans for the taxing district so it would not cost the Town to build the water infrastructure for the not-for profit and university schools.  Mr. Santulli said the Community Development District would be brought forward next month, and that would play a role in this.  The infrastructure agreement also included road improvement projects, water and sewer improvements and a new lift station.

Development Services Director Mark Kutney confirmed for Mayor Truex that the agreements Council had already approved were the product of several months’ negotiations, and included contingencies stipulating that if there were a problem, Nova would assist the Town.

Regarding the water issue, Mr. Shimun informed Council that staff recognized that within the next three years, they would need to come up with something, and were actively seeking alternative sites.  Councilmember Crowley felt this indicated that when a master plan such as this came before them, staff must work closely in a partnership with the applicant.

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

 

12.       PUBLIC HEARING

Ordinance - Second and Final Reading

12.1        CODE AMENDMENT - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA,

2007-6                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}


Mr. Cherof read the ordinance by title.

Mayor Truex opened the public hearing portion of the meeting.  As no one spoke, Mayor Truex closed the public hearing.

Councilmember Crowley made a motion, seconded by Vice-Mayor Caletka, to approve.  In a roll call vote, the vote was as follows:  Mayor Truex - yes; Vice-Mayor Caletka - yes; Councilmember Crowley - yes; Councilmember Luis - yes; Councilmember Starkey - yes.  (Motion carried 5-0)

 

Resolution

12.2        AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA,

R-2007-88          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)

Mr. Cherof read the resolution by title.

Mayor Truex opened the public hearing portion of the meeting.  As no one spoke, Mayor Truex closed the public hearing.

Councilmember Crowley believed the price was “up in the double digits as far as percentage over the average appraised value.”  He wanted staff to negotiate further with the owner and offer 6% above the average appraised value.

Councilmember Crowley made a motion, seconded by Mayor Truex, to direct staff to offer the owner 6% above the average appraised value of the property.

Councilmember Starkey agreed, noting that funds from Tallahassee would be difficult to come by this year.  She advised staff to also work with the Trust for Public Lands, which might intercede in the purchase.  Mayor Truex said this additional staff direction would be added to the motion.

Mr. Cherof recommended that Council approve the contract with an adjusted purchase price, to recalculate the price to 6% over the appraised value, and return the contract to them with that figure.  Councilmember Crowley amended his motion to include Mr. Cherof’s recommendation, and Mayor Truex agreed.  In a roll call vote, the vote was as follows:  Mayor Truex - yes; Vice-Mayor Caletka - yes; Councilmember Crowley - yes; Councilmember Luis - yes; Councilmember Starkey - yes.  (Motion carried 5-0)

 

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)

            No appointment was made.

 

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

Mayor Truex reappointed Betty Gemma.

 

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)

            No appointment was made.


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)

            No appointment was made.

 

13.2        Councilmember Luis

Councilmember Luis stated that he had served on a number of advisory boards and obtaining a quorum was one of the major issues.  He suggested that if a board member was absent and a quorum could not be reached, this would count as an absence.  Mayor Truex questioned how this would work if the meeting was cancelled because of no quorum prior to the meeting being held.  Town Clerk Muniz advised that staff currently did not include absences when meetings were cancelled.  Mayor Truex asked that staff look into how to implement Councilmember Luis' suggestion.

 

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

            No appointments were made.

 

13.3        Councilmember Starkey

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

            No appointment was made.

 

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

            No appointment was made.

 

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)

            No appointment was made.

 

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)

            No appointments were made.

 

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

Vice-Mayor Caletka made a motion, seconded by Councilmember Starkey, to appoint Councilmember Crowley the Director, Councilmember Starkey the alternate, and Vice-Mayor Caletka the second alternate.  In a voice vote, all voted in favor.  (Motion carried 5-0)

 


14.       OLD BUSINESS

14.1        SW 8 Street Park Site Fencing

Parks and Recreation Director Dennis Andresky reminded Council of their discussion to identify a funding source and advised that open space bond funds were available for that district.  He explained that the fence was needed to prevent people visiting the site at night and creating a neighborhood nuisance.

Councilmember Starkey said there was a law enforcement issue in the park.  She objected to spending so much money on such a small park, and felt Council should include this in the capital plan instead of utilizing bond money.  Councilmember Crowley agreed this should be part of the capital project plan, and they should wait to fence it until there were improvements on the parcel.  Mr. Andresky noted that fencing would prevent vehicles from entering the area.

Councilmember Starkey made a motion to approve this with the fencing, along with the other improvements in funding in the capital project.  Mr. Andresky reminded Council that a portion of the bond fund was for parks improvements.  Councilmember Starkey asked Mr. Andresky if this could be part of a FRDAP grant.  Mr. Andresky responded in the affirmative.  Councilmember Starkey said she did not object to the funds coming from the district bond money and then pursuing a FRDAP grant as soon as possible.

Councilmember Starkey clarified her motion, seconded by Councilmember Crowley, to use the district fund money, and allow it to be reimbursed through the FRDAP grant, and to apply for that as soon as possible.  In a voice vote, all voted in favor.  (Motion carried 5-0)

 

15.       NEW BUSINESS

            There was no new business discussed.

 

16.       MAYOR/COUNCILMEMBER’S COMMENTS

MAYOR TRUEX

SILVER RIDGE ELEMENTARY.  Mayor Truex reported that the school had an ecology project, and wanted to start recycling at Bamford Park.  He indicated that he had spoken with a representative from Waste Management, who informed him it was possible, but noted that in his experience, this was often unsuccessful.  Mayor Truex still wanted to do it, but wanted to get the students involved in a public awareness program.  Council agreed that Mayor Truex should work with the school’s ecology club to work toward this.

PROPERTY TAX SITUATION IN THE LEGISLATURE.  Mayor Truex said he had not attended Broward Days, but he understood the Senate would take this issue, and he would travel to Tallahassee then to lobby on behalf of the Town.  He felt it was not too early to be concerned and felt they must prepare alternative budget scenarios.

AIRPORT MITIGATION.  Mayor Truex said that he and Councilmember Starkey had recently attended a Broward County Commission meeting where airport expansion mitigation was discussed.  He said many of the proposals would displace people, and would dramatically impair the quality of life in Town.

TOWN ATTORNEY.  Mayor Truex stated that he would like to see Council appoint Mr. Cherof as the permanent town attorney.  Mayor Truex said he was favorably impressed with Mr. Cherof and his firm’s performance, and noted this position was not something the Town was required to bid.  He asked if Council wanted to place this issue on an agenda.

Vice-Mayor Caletka wanted to examine hiring an in-house attorney and he thought Mr. Cherof was “doing a fine job.”  Vice-Mayor Caletka also wanted Councilmember Luis to have the opportunity to provide input as well.  Councilmember Crowley also wanted Councilmember Luis to have some input and wanted the item put on the agenda as well.  He agreed that Mr. Cherof was doing an excellent job.


Councilmember Starkey agreed they should get the figures for hiring an in-house attorney and agreed that Mr. Cherof was doing an excellent job.  She also wanted this issue on a future agenda.

Councilmember Luis said he had met with Mr. Cherof and was very impressed, and agreed they should “look at the numbers” before a decision was made.

Council agreed to put this item on the agenda in one month.

 

COUNCILMEMBER LUIS  

COUNCIL.  Councilmember Luis said he was looking forward to working with Council.

 

COUNCILMEMBER STARKEY

PROPERTY TAX ISSUE.  Councilmember Starkey discussed the property tax debate being discussed in Tallahassee and thanked staff for providing her with an impact analysis that she presented to the legislators.  She said that the House intended to move forward with their proposal, but there would be no consensus until after the holiday.  Councilmember Starkey felt the Town must prepare for the “worst case scenario” regarding the budget because it would be a very tight budget year in Tallahassee.

HOUSE BILL 259 - MOBILE HOMES.  Councilmember Starkey said she had worked with the Bill’s creator, Representative Frank Atkinson, who pledged to work with the Town.  Councilmember Starkey said Senator Baker would present a companion bill and he was leaning toward what Representative Atkinson would provide.

Councilmember Starkey said the committee was chaired by Representative Mike Davis, and she had provided testimony on behalf of the Town based on the Town’s moratorium issue.  She reported that the bill had passed “with those concerns and possible bifurcating the financial impacts and letting it go forward allowing the cities to conduct studies of how individually…from one city around this state to the next that it would provide an impact, they would have to have an impact study.”  Councilmember Starkey said that the legislators had understood that the relocation amount could not relocate a mobile home.

Councilmember Starkey stated that she would provide a written report to Council and agreed to brief Mr. Shimun further on what the Town needed to do.

DAVIE POLICE/FIRE MEMORIAL.  Councilmember Starkey stated that she had been proud to unveil the memorial and asked everyone to visit the statue.  She was pleased to see children visiting the memorial and hoped it would inspire them to become public servants in the future.

 

COUNCILMEMBER CROWLEY

LOBBYIST REPORT.  Councilmember Crowley hoped the Town’s lobbyists would provide a written report within the next two weeks on their activities in Tallahassee.

FDOT PRESENTATION.  Councilmember Crowley asked if the presentation on the I-595 Corridor improvements had been scheduled yet.  Town Engineer Larry Peters confirmed that FDOT would give a presentation on April 18th.

WATER RESTRICTION ENFORCEMENT.  Mr. Peters confirmed for Councilmember Crowley that Code Enforcement would handle enforcement of water restrictions.

TREE LEGACY PROGRAM.  Councilmember Crowley wanted an update on this item.  Mr. Peters said Urban Forester Tim Lee would manage this program.

 

VICE-MAYOR CALETKA

BROWARD DAYS.  Vice-Mayor Caletka said he had represented the Town at Broward Days and thanked Councilmember Starkey for recommending that he become involved with the Broward League of Cities.  He said his goal had been to bring home appropriations related to water, but had been informed that no appropriations would be approved this year.


CONGRATULATIONS TO.  Vice-Mayor Caletka congratulated Councilmembers Crowley, Starkey, and Luis on their elections.  

 

17.       TOWN ADMINISTRATOR’S COMMENTS

BROWARD DAYS.  Mr. Shimun thanked Councilmember Starkey and Vice-Mayor Caletka for attending Broward Days.

PROPERTY TAX ISSUES.  Mr. Shimun said he had experience managing in a municipality that had rather draconian tax laws, and he referred to this as “managing under decay.”  He described how this decay progressed and hoped the Legislature would lead by example and examine their own budget and spending history over the last several years, and would take a path that made sense.

 

18.       TOWN ATTORNEY’S COMMENTS

WAL-MART.  Mr. Cherof reported that special counsel Andy Maroudis had been successful, and the court had ruled in the Town’s favor.

 

19.       ADJOURNMENT

            There being no further business to discuss and no objections, the meeting was adjourned at 9:48 p.m.

 

 

Approved________________________                               ____________________________________

                                                                                               Mayor/Councilmember

 

_________________________________

Town Clerk

 

 


3.2

APPROVAL OF CONSENT AGENDA

May 16, 2007

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:                 April 4, 2007 Minutes

 

AFFECTED DISTRICT:         not applicable

 

ITEM REQUEST:                

 

TITLE OF AGENDA ITEM:  April 4, 2007 (Regular Meeting)

 

REPORT IN BRIEF:     Council minutes from the April 4, 2007 Council meeting.

 

 

PREVIOUS ACTIONS:  n/a

 

CONCURRENCES:  n/a

 

 

FISCAL IMPACT: 

 

Has request been budgeted?    

 

RECOMMENDATION(S):  Motion to approve

 

Attachment(s):  Minutes


TOWN OF DAVIE

REGULAR MEETING

APRIL 4, 2007

 

 

1.         PLEDGE OF ALLEGIANCE

The meeting was called to order at 7:01 p.m. and was followed by the Pledge of Allegiance.

 

2.         ROLL CALL

Present at the meeting were Mayor Truex, Vice-Mayor Caletka, Councilmembers Crowley, Luis and Starkey.  Also present were Town Administrator Shimun, Town Attorney Cherof, and Assistant Town Clerk McDaniel recording the meeting.

 

3.         OPEN PUBLIC MEETING

            Mayor Truex explained the procedures for the open public hearing.

Damiano Pignato, 6920 SW 56 Court, reported that the Parks and Recreation Advisory Board had voted to request Council to allow Camp Integration for autistic children to be held at Robbins Lodge from July 29th to August 3rd at a rate of $150 per day, or the resident rate.  He introduced Melissa Tobin and Julia Harper, to describe the camp.

Ms. Tobin explained that she and Ms. Harper had created the camp two years ago, and their mission was to provide intense occupational, physical, speech and behavior therapy to children with autism, learning disabilities, and other exceptionalities.  Ms. Harper explained that this camp allowed kids to combine a camp experience with the intensive therapy to prepare them to be functional before the school year began.  Ms. Tobin said they were applying for non-profit status, and in the future, they could request a donation for the camp.  She asked to be able to use Robbins Lodge at the reduced rate so the costs would not need to be passed on to the parents.  Ms. Tobin stated they were pursuing grants for funding.

Mayor Truex recommended that staff create a resolution for the next meeting agenda.  Councilmember Starkey felt this was a special category, and noted the scarcity of programs like this for autistic kids.  Ms. Harper explained that all of their licensed therapists carried liability insurance, and they would also purchase insurance to cover Robbins Lodge.

Linda Owen described the EASE Foundation and thanked Council for all their help over the years.  The Foundation had allowed Davie families to be provided with food and financial assistance.

Todd Bothelm, Executive Director of the Old Davie School, invited everyone to the April 13th Art Social student show opening titled “Everglades Eyes.”  He also advised that the School’s “Generations of Taste” event, featuring pioneer home-cooking recipes, would be held on April 14th.

Mr. Bothelm said he had been in Tallahassee the previous week for the General Operating Support Grant Panel Review, and the Old Davie School ranked fourth in the State for small museums.

Judy Paul, 14421 SW 24 Street, discussed their intent to create a trail on the section of SW 6 Street located west of 148th.  She had spoken with one property owner, who was amenable to the proposal, and Ms. Paul hoped that at least this section could be done.

Ms. Paul was hopeful that the firefighters’ contract situation would soon be resolved.  She was concerned about the water usage situation and wanted to know what measures the Town was taking to ensure compliance with the restrictions.

John Pisula congratulated Councilmembers on their elections.  Mr. Pisula stated that he was concerned with access to Western High School fields and felt that the Town had some recourse regarding their lighting expenditure.  He hoped the Broward County School Board would grant them use of the field.  Regarding Shenandoah Park, Mr. Pisula hoped to arrange a meeting in that park with Councilmembers within two weeks to show them the dilapidated state of the fields there.

 

Mr. Pisula said the Youth Education and Safety Board had discussed education, and wanted Davie to more assertive in getting things accomplished.  Residents were especially concerned about sexual predator notifications.

Councilmember Luis advised that he had an appointment to meet someone at Shenandoah Park.

Mayor Truex asked staff to prepare an explanation of the lighting issue brought up by Mr. Pisula for Council’s next meeting.

Councilmember Starkey asked to make sure the sexual predator link was still on the Town’s website.  She pointed out that the Town needed a middle school and asked Mr. Pisula to have the Youth Education and Safety Board look into this.

Don Lunny, representing Steven, Amanda and Travis Rodriguez, explained that the Rodriguez’s driveway led onto SW 13th Street, and they had purchased their section of the road from the previous owner.  During permitting to rebuild their home, they had been informed that they were responsible to build the roadway up to public standard, or to move the driveway.  Mr. Lunny had met with Town staff and adjacent owners to try resolve the situation.  An arrangement had been devised to give government access and give licenses to adjacent homeowners to use their land.  He asked Council to allow Mr. Rodriguez to obtain the certificate of occupancy.

Councilmember Crowley asked staff if Mr. Lunny’s proposal was feasible.  Development Services Director Kutney explained the problem and the request, noting that staff had no discretion because of how the Code was currently written.  He requested Council’s direction.  Mayor Truex wanted Mr. Cherof’s input before giving any direction, and Councilmember Crowley agreed.

Mr. Cherof said he would review this issue and felt amending the code might be a solution.  He recommended placing this issue on Council’s next agenda.

 

David Sigerson, the Town’s lobbyist, provided an interim report on legislative issues.  He noted that the property tax problem was the biggest issue in Tallahassee now and explained that the rollback would not affect voter-approved debt, only ad valorem taxes.  The rollback would calculate from 2002, using a strict growth plus CPI only growth in revenue.  The constitutional amendment piece included an additional statewide penny sales tax to replace the local effort toward school tax, and the options to enact an additional penny, and/or half-penny local sales tax county by county.  Mr. Sigerson felt the House and Senate would not settle this issue prior to the end of this regular session.

Mayor Truex asked how the “replacement sales tax” would come back to the Town.  Mr. Sigerson explained the different sales tax incomes in different areas of the State, and said the redistribution formula was still being negotiated.

Councilmember Starkey advised staff to work with the Budget Advisory Committee to keep them apprised of the situation, and of the possible impact the changes would have on the Town’s budget.  She felt the public should be involved in the process as well.  Mr. Shimun said they were tracking the budget process, and would have a good idea of what was going on by the end of the session.

Vice-Mayor Caletka was concerned about taxing a fluctuating item as opposed to property, and about giving the control of the tax to the State instead of to local government.  Mr. Sigerson agreed with Vice-Mayor Caletka’s concerns.  Mr. Sigerson felt the Senate realized how complex the property tax system was, and that it would take years to resolve the situation.

Mr. Sigerson said the mobile home relocation bill was of great concern to Davie as well.  The current bill would require the municipality or county allowing the rezoning to pay the shortfall in relocation costs between what was now allowed and actual costs.  Mayor Truex remarked on the dearth of parks to which a mobile park owner could relocate, and Mr. Sigerson agreed this was a severe problem with the bill.  He and Councilmember Starkey had discussed this with the bills’ sponsor, and they were disappointed that the sponsor believed municipalities should be responsible for relocation costs, which could total $15,000.  Mr. Sigerson estimated that the Town’s liability would total approximately $70,000,000.

Regarding the Town’s Community Budget request, Mr. Sigerson said there was $450,000 available for Davie water projects.

Mr. Sigerson said Davie’s report on the mobile home park rezoning issue was appreciated in Tallahassee, and the staff and consultants should be commended.

Councilmember Starkey said the governor would remove the cap on the Sadowski funds, and these could be used for additional relocation funding.  Mr. Sigerson said using these funds and SHIP funds toward the relocation costs could be allowed by Statute, but this would probably not happen.

Mayor Truex felt property owners would argue that they had a right to the rezonings, and he wanted the State to allow municipalities more discretion to deny the rezonings.  Councilmember Starkey said this was one of the options being considered.  Mr. Shimun noted the inequity of making municipalities responsible, since school and special districts benefited without paying for any of the benefits.

Mr. Cherof said there was a bill pending that determined a moratorium exceeding one year fell under the Burt J. Harris claims procedure, and said this was a bill that should be followed.  Mr. Sigerson had discussed adding a provision to a bill that would recognize a municipality’s right to a moratorium under certain conditions.

Mr. Shimun said the true benefactor would be the developer, and wondered why they did not model Davie’s conversion plan that required developers to present a relocation plan.  Mr. Sigerson said the answer was politics, and developers’ influence over the legislation.

 

Mayor Truex said staff requested item 6.4 be tabled to May 16, 2007.

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

 

Mayor Truex said 4.20 and 4.21 needed to be added to the agenda.

Councilmember Crowley made a motion, seconded by Councilmember Starkey, to add items 4.20 and 4.21.  In a voice vote, all voted in favor.  (Motion carried 5-0)

 

4.         APPROVAL OF CONSENT AGENDA

            Minutes

4.1          January 17, 2007 (Regular Meeting)

4.2          February 7, 2007 (Regular Meeting)

 

Parade Permit (5K Run)

4.3          A Child is Missing, Inc. (April 29, 2007)

 

Resolutions

4.4          TRUSTEE - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA,

R-2007-89          APPOINTING MERRILL LYNCH BANK & TRUST CO., FSB AS TRUSTEE FOR THE TOWN OF DAVIE DEFERRED COMPENSATION PLAN; AND PROVIDING AN EFFECTIVE DATE.

 

4.5          GRANT AWARD CALCULATION - A RESOLUTION OF THE TOWN OF DAVIE,

R-2007-90          FLORIDA, APPROVING THE FLORIDA COMMUNITIES TRUST GRANT AWARD CALCULATION STATEMENT FOR THE DAVIE FARM PARK PROJECT.


4.6          DECLARATION OF RESTRICTIVE COVENANTS - A RESOLUTION OF THE

R-2007-91          TOWN OF DAVIE, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE A DECLARATION OF RESTRICTIVE COVENANTS WITH THE FLORIDA COMMUNITIES TRUST FOR THE DAVIE FARM PARK PROJECT SITE.

 

4.7          AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA,

R-2007-92          AUTHORIZING THE TOWN ADMINISTRATOR TO ENTER INTO AN AGREEMENT WITH THE BROWARD COUNTY SCHOOL BOARD FOR THE PROVISION OF SUMMER FOOD MEAL SERVICE FOR THE TOWN'S FLORIDA DEPARTMENT OF EDUCATION SUMMER FOOD SERVICE PROGRAM.  ($13,000)

 

4.8          AGREEMENT - A Resolution of the Town of Davie, adopting the

R-2007-93          Local Housing Assistance Plan (LHAP) for 2007/08 to 2009/10 under the State Housing Initiatives Partnership (SHIP) Program; authorizing the Mayor to execute the Interlocal Agreement with Broward County for the establishment and administration of a Joint Local Housing Assistance Program for 2007/2008; approving Davie’s SHIP Housing Delivery Goals/Budget Strategies for FY 2007/08; and providing for an effective date.

 

4.9          CONTRACT EXTENSION - A RESOLUTION OF THE TOWN OF DAVIE,

R-2007-94          FLORIDA, APPROVING AN EXTENSION OF THE CONTRACT BETWEEN THE TOWN AND FIRST AMERICAN TELECOMMUNICATIONS FOR PAY TELEPHONES.  ($332.50/month less revenues)

 

4.10        CONTRACT EXTENSION - A RESOLUTION OF THE TOWN OF DAVIE,

R-2007-95          FLORIDA, APPROVING AN EXTENSION TO THE CONTRACT BETWEEN THE TOWN AND ZAMBELLI FIREWORKS, MANUFACTURING CO., INC. d/b/a ZAMBELLI FIREWORKS INTERNATIONALE FOR AN INDEPENDENCE DAY FIREWORKS DISPLAY.  ($20,000)

 

4.11        CONTRACT EXTENSION - A RESOLUTION OF THE TOWN OF DAVIE,

R-2007-96          FLORIDA, APPROVING AN EXTENSION OF THE CONTRACT BETWEEN THE TOWN AND LARUE PLANNING AND MANAGEMENT SERVICES, INC. FOR MISCELLANEOUS PLANNING SERVICES.

 

4.12        CONTRACT EXTENSION - A RESOLUTION OF THE TOWN OF DAVIE,

R-2007-97          FLORIDA, APPROVING AN EXTENSION OF THE CONTRACT BETWEEN THE TOWN AND DUNCAN ASSOCIATES FOR MISCELLANEOUS PLANNING SERVICES.

 

4.13        CONTRACT EXTENSION - A RESOLUTION OF THE TOWN OF DAVIE,

R-2007-98          FLORIDA, APPROVING AN EXTENSION OF THE CONTRACT BETWEEN THE TOWN AND ILER PLANNING GROUP FOR MISCELLANEOUS PLANNING SERVICES.

 


4.14        ARCHITECTUAL SERVICES - A RESOLUTION OF THE TOWN OF DAVIE,

R-2007-99          FLORIDA, SELECTING THE FIRMS OF CPZ ARCHITECTS, INC. AND ACAI ASSOCIATES, INC. TO PROVIDE MISCELLANEOUS ARCHITECTURAL SERVICES AND AUTHORIZING THE TOWN ADMINISTRATOR OR HIS DESIGNEE TO NEGOTIATE AGREEMENTS FOR SUCH SERVICES.

 

4.15        RELEASE OF SECURITY LIEN - A RESOLUTION OF THE TOWN OF DAVIE,

R-2007-100        FLORIDA, AUTHORIZING THE APPROPRIATE TOWN OFFICIALS TO EXECUTE A RELEASE OF LIEN RELEASING A SECURITY LIEN TO SECURE THE REQUIRED SUBDIVISION IMPROVEMENTS FOR THE DASILVA PLAT; AND PROVIDING FOR AN EFFECTIVE DATE.

 

4.16        BID - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, ACCEPTING THE

R-2007-101        BID FOR A TRAILER MOUNTED SEWAGE PUMP.  ($49,856 - Premier Pump, LLC)

 

4.17        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, Stonebridge Estates, generally located on the southwest corner of SW 26 Street and Flamingo Road) [see related items 4.19 and 6.1] 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

 

Quasi-Judicial Consent Agenda

4.18        SPM 12-03-06, Garden Mausoleum #3, Forest Lawn Memorial Gardens South, 2401 SW 64 Avenue (A-9, Cemetary District - Broward County) Site Plan Committee approved subject to the planning report

 

4.19        MSP 11-2-05, Stonebridge Estates, generally located on the southwest corner of SW 26 Street and Flamingo Road (AG) [see related items 4.17 and 6.1] 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

 

Items to be added - Proclamations

            4.20     Water Conservation Month (April 2007)

            4.21     Aids Walk Ft. Lauderdale

Vice-Mayor Caletka pulled items 4.2, 4.7, 4.13 and 4.14.  Councilmember Crowley pulled items 4.11, 4.17 and 4.19.  Councilmember Starkey pulled item 4.12.  Mayor Truex pulled items 4.10, 4.18, 4.20 and 4.21.

Councilmember Starkey made a motion, seconded by Mayor Truex, to approve the Consent Agenda less items 4.2, 4.7, 4.10, 4.11, 4.12, 4.13, 4.14, 4.17, 4.18, 4.19, 4.20 and 4.21.  In a voice vote, all voted in favor.  (Motion carried 5-0)

 

5.         DISCUSSION OF CONSENT AGENDA ITEMS

4.2          Vice-Mayor Caletka asked to table this item, as he wanted to be sure the concessions offered by the developer had been included.

Vice-Mayor Caletka made a motion, seconded by Councilmember Crowley, to table to their next meeting [April 18, 2007].  In a voice vote, all voted in favor.  (Motion carried 5-0)

 

4.7          Vice-Mayor Caletka recused himself from this item.

Councilmember Crowley made a motion, seconded by Councilmember Starkey, to approve.  In a voice vote, with Vice-Mayor Caletka abstaining, all voted in favor.  (Motion carried 4-0)

 

4.10        Mayor Truex was not sure he favored this $20,000 expenditure this year, given the uncertainty of the upcoming budget year.

Councilmember Crowley supported this yearly planned event for the residents.  Councilmember Starkey supported it as well.  Councilmember Luis supported it, but feared it might be the last time it was included in their budget.

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

 

4.11        Councilmember Crowley objected to the increase from the existing $125 per hour to $140 per hour.

Councilmember Crowley made a motion, seconded by Vice-Mayor Caletka, to approve based on the existing $125 per hour price, with no increase.

Councilmember Starkey said that Council had not received all of the paperwork regarding insurance and corporate information that they requested be attached to these items.  Mr. Kutney could not state that this had been researched, because the Finance Department had done this last year, and he could not be sure.  Mayor Truex recommended that Council approve subject to this being done.

Mr. Kutney referred to the original rate and price schedules from 2004, and noted that staff did not find a problem with the increases for LaRue and Iler because neither had asked for increases to which they had been entitled for the past four contract years.  Mr. Kutney noted that Duncan and Associates had been receiving $175 since 2004, and the LaRue and Iler increases did not approach this amount.

Vice-Mayor Caletka said he took serious objection to staff’s determination that this was a reasonable increase, especially to Iler’s request in item 4.13, which represented a 45% increase.  Mr.


Kutney said this was reasonable because they had not requested an increase earlier, and because the request was still not even close to the Duncan Associates’ price.  Vice-Mayor Caletka thought staff should not recommend increases that exceeded 3% per year.  Mr. Kutney asked Council for specific guidelines in this regard, stating they had been trying to be fair in this case.

Mr. Kutney reminded Council that the Town had yet to actually use Duncan to work on a project as yet.  He noted that Duncan was a very well-regarded firm and this was one reason they recommended keeping the contract.  The Town used Iler and LaRue because they were local, and therefore more accessible.  Mr. Kutney stated that this was the last extension year for LaRue, and if Council did not agree to their rate, the Town would not use them.

Councilmember Crowley added the conditions regarding insurance and SunBiz information to his motion.  In a voice vote, with Mayor Truex dissenting, all voted in favor.  (Motion carried 4-1)

 

4.12        Councilmember Starkey noted that this item lacked the backup they had requested as well.

Councilmember Starkey made a motion, seconded by Councilmember Crowley, to approve subject to the research through SunBiz, licensing and insurance.  In a voice vote, all voted in favor.  (Motion carried 5-0)

 

4.13        Vice-Mayor Caletka made a motion, seconded by Councilmember Crowley, to approve subject to no increase, and to check SunBiz and insurance.  In a voice vote, with Mayor Truex dissenting, all voted in favor.  (Motion carried 4-1)

 

Mayor Truex wondered what would happen if the two firms to whom they had denied increases declined the contract.  He felt it was a good idea to have multiple firms.

 

4.14        Vice-Mayor Caletka noticed there was a tie for second place and he had hoped to get a copy of all proposals for those two companies to review.  He referred to a letter from a vendor claiming she had been shut out of the process for perhaps being one minute late.  Vice-Mayor Caletka wondered how they could agree on the time, or argue over one minute.

Councilmember Crowley had received a letter from the vendor as well, and said he did not want to micro-manage, but suggested that the 5:00 p.m. closing time be adopted as the deadline.  He noted that the highest-rated architect had been rated first by every staff member, so there was no question about that firm’s selection.

Councilmember Starkey said notice of another bid acceptance she received yesterday used the words “on or about two o’clock” she did not know if other bid notifications were more specific.  She agreed that changing the deadline to close of business would help resolve the issue.

Councilmember Luis said it was common for bids to be rejected for lateness.  He noted that after the deadline, bids were opened.  He did not favor changing the time.

Mr. Shimun pointed out that there was a difference between the “drop dead” time for receipt of the bid, and the bid opening time.  This might be the explanation for the “on or about” time to which Councilmember Starkey referred.

Mr. Cherof said deadlines were appropriate, legal, and defendable.  He explained to Councilmember Crowley that the deadline was for handing the package over to the correct person.

Vice-Mayor Caletka did not like having the two contracts under one agenda item for approval.  He reiterated his request to table the item to their next meeting.

Vice-Mayor Caletka made a motion, seconded by Councilmember Crowley, to table.


Mr. Shimun clarified for Councilmember Crowley that Council could confirm just the highest-ranked firm and wait on the second.  Vice-Mayor Caletka amended his motion to approve only the first-ranked firm.  In a voice vote, all voted in favor.  (Motion carried 5-0)

 

Vice-Mayor Caletka made a motion, seconded by Councilmember Crowley, to table approval of the second-ranked firm to the next meeting.  In a voice vote, with Mayor Truex dissenting, all voted in favor.  (Motion carried 4-1)

 

4.17 and 4.19   Councilmember Crowley asked to table 4.17 and 4.19 to the first meeting in May to allow the applicant to request variances from the Water Management District and to review the tree survey.  He wanted to hear the rezoning item this evening, pointing out that two hearings were required.

Rhon Ernest-Jones, representing the applicant, said there were a number of issues other than water management that required review.  He described problems experienced with plan review and stated it had taken 18 months to complete a process that should have taken 6 months, and another delay would “kill it.”  

Councilmember Starkey said she wanted to discuss aspects of the site plan and Councilmember Crowley said he could wait until after Council and public comment to move to table the item.

Vice-Mayor Caletka felt it should go to the Water Management District prior to a Council vote.

Councilmember Crowley recommended moving 4.17 and 4.19 to be heard with item 6.1 and withdrew his request to table.  (Items 4.17 and 4.19 were subsequently tabled to May 2, 2006.)

 

4.18        Mayor Truex apologized for having pulled this item in error.

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

 

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

 

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

 

6.         PUBLIC HEARING

Ordinance - First Reading/Quasi Judicial Item (Second and Final Reading to be held April 18,

2007)

6.1          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 4.17 and 4.19] Planning and Zoning Board recommended approval

Mr. Ernest-Jones agreed to hearing all three items [items 4.17, 4.19 and 6.1] together.

Mr. Cherof swore in witnesses and explained the rules of evidence.

Mr. Cherof read the resolution and ordinance by title.  Ms. Nolan summarized the planning report.

Mike Woodman, the applicant‘s engineer, said site access was an issue.  He advised that they had held the first community meeting in January 2006, where they proposed an access through SW 26 Street. 


Mr. Woodman stated that the residents had expressed concern that SW 26 Street would “punch through” to their neighborhood, and the plan was revised for access from Flamingo Road.  This had been based on a verbal commitment from FDOT for a secondary access in that area.  This change had been acceptable to the residents and the applicant had agreed to petition the Town to vacate SW 26 Street and rededicate that area as open space.  FDOT later informed the applicant that they would not allow the access point from Flamingo Road and they must access it from SW 26 Street.  Mr. Woodman believed they had complied with outstanding Development Review Committee’s comments, and concurred with the Site Plan Committee and Planning and Zoning Board conditions.

Mr. Ernest-Jones reiterated that they had not been trying to deceive the neighbors about FDOT and the Flamingo Road access.  He acknowledged the neighbors’ concern about SW 26 Street and agreed to do anything reasonable to protect their interests, including adding a plat note restricting access.  They would also vacate the right-of-way through Broward County’s vacation process to alleviate concern about the County/Town vacation.  Mr. Ernest-Jones offered to make this a private ingress/egress easement, but the lake right-of-way must be public per rural lifestyle regulations. 

Councilmember Luis was concerned that SW 26 Street not open all the way through and asked if vacation from the County would protect them from SW 26 Street’s ever opening up.  Mr. Cherof said this would protect them and this could be addressed through plat notes. 

Councilmember Starkey had been concerned about this as well and wanted this added to the plat, with the assurance that vacated area west of the access point would be dedicated to the Town for a trail and open space.  She thought Council should also dedicate it as a conservation area.

Mr. Ernest-Jones felt that making the road private would further allay the fears of residents to the west, as this would prevent future public access.  Councilmember Starkey noted the costs of maintaining a public road.

Councilmember Starkey wanted flat stones used instead of the current construction of the culvert, and for its elevation to be increased.  Mr. Ernest-Jones said this was possible.  Councilmember Starkey was concerned about the landscaping buffer versus property owners’ desire to fence in entire lots.  After discussing this with Acting Planning and Zoning Manager Marcie Nolan, Councilmember Starkey said Council’s only alternative to avoid this problem in the future was a text amendment to allow a fence to be constructed through the landscaping easement.

Ms.  Nolan said the fence problem affected this site plan’s northeast corner only.  She explained that the landscape buffer was exclusive of the lot lines and became a common area, in which the Code did not allow property owners to erect a fence.  This caused resentment on the part of the property owners.  Ms. Nolan said staff was willing to amend this provision to allow the owner to fence through a landscape buffer, if this was the desire of the homeowner’s association, or to not fence it if the homeowner’s association would take full responsibility.  She reiterated that this provision only went into effect when property was adjacent to a right-of-way.

Councilmember Starkey asked about the south lots.  Mr. Ernest-Jones said the carrot wood trees formed the buffer here, but these would be removed as the lots were developed.  They had agreed to put four additional oak trees on all of the south lots.

Mr. Ernest-Jones informed Mayor Truex he did not anticipate the need for any variances.

Councilmember Crowley asked about the success rate of relocating the oak trees.  Mr. Ernest-Jones said his experience moving trees had a very high success rate.

Mr. Ernest-Jones said the applicant understood and had no problem with the Planning and Zoning Division’s 11 comments.  He said the Division had advised them not to change the plans submitted to Council because they wanted Council to see the same plans the Site Plan Committee had seen.  Councilmember Crowley said there were also nine comments from Engineering.  Mr. Ernest-Jones stated the nine engineering comments had already been addressed.


Ms. Nolan said the second review by the Site Plan Committee was specifically for the tree mitigation plan and tree survey.  The applicant must address all of these conditions prior to achieving staff sign off.  Ms. Nolan stated that the applicants bonded the large tree removals for five years, for up to $50,000.  If a tree died before the five-year mark, the money was provided to the Town to plant mitigation trees.

Mr. Ernest-Jones agreed to all the Site Plan Committee recommendations.  He said they also proposed a guardrail at strategic locations around the lake.  Councilmember Starkey wanted to be sure the trees were bonded and any trees that died would be replaced with a tree of comparable size.  Mr. Ernest-Jones said they had no choice.  He also agreed to the stonework on the culvert to make it look like a bridge.  Councilmember Crowley was concerned about one particular tree on one lot, and Mr. Ernest-Jones agreed to create a special layout for this lot to work around the tree. 

Mr. Cherof opened the public hearing portion of the meeting.

Judy Paul, 14421 SW 24 Street, advised that she had discussed the tree situation with the applicant.  She was concerned that SW 26 Street never be allowed to go through as well, and said this should be included in all motions.  Ms. Paul suggested that pavers be included where the trail crossed the road, and that horse-crossing signs be used to alert motorists and pedestrians to the trail.  She asked that a see-through guardrail be used were needed around the lake.

Mr. Cherof closed the public hearing.

Council disclosed communications they had regarding this item.

Councilmember Crowley made a motion, seconded by Councilmember Starkey, to table item 4.17 to May 2, 2006, incorporating many of the suggestions Council had given.  In a voice vote, all voted in favor.  (Motion carried 5-0)

 

Councilmember Crowley made a motion, seconded by Councilmember Starkey, to table item 4.19 to May 2, 2006 to include the comments Council made.  In a voice vote, all voted in favor.  (Motion carried 5-0)

 

Councilmember Crowley made a motion, seconded by Councilmember Starkey, to approve the ordinance on first reading, with the conditions that were stipulated and the restrictions on the plat.  Councilmember Crowley indicated that the second reading would be held on May 2, 2007.   Council clarified that the conditions included:  the Planning and Zoning Division and Site Plan Committee recommendations; redesigning lot 6, the one with the oak tree in the center; protection of vehicles from the lake; the stonework along the bridge; higher access; bonding for the trees; brick pavers suggested by Ms. Paul; and the decorative guardrail.  Mr. Cherof said that Council also expected to see the revised plat for review.

In a roll call vote, the vote was as follows:  Mayor Truex - yes; Vice-Mayor Caletka - yes; Councilmember Crowley - yes; Councilmember Luis - yes; Councilmember Starkey - yes.  (Motion carried 5-0)

 

Quasi-Judicial Items

6.2          VARIANCE - V 12-1-06, Moses, 2353 SW 132 Way (A-1) (to reduce the south side setback from 30 feet to 25 feet in order to accommodate an addition to the existing home) Planning and Zoning Board recommended approval

Mr. Cherof referred to a memorandum he had created outlining the requirements for a variance and reminded Council that every question in his memo must be answered in the affirmative to grant the variance.

Acting Deputy Planning and Zoning Manager David Abramson summarized the planning report.


Thomas Moses, the applicant, stated that they wanted to improve their home without introducing a jog in the building to accommodate the addition.  They were trying to make the addition appear original to the home.

            Councilmember Starkey asked Mr. Abramson if the new Code revisions required the variance.  Mr. Abramson explained that the new requirements added five feet to each property’s setback.  Councilmember Starkey said she preferred maintaining the house line.  Mr. Kutney said the test of whether the hardship was self-created was whether the addition could be made without the variance.  In this case, the owner could construct an addition on the house without the variance, regardless of the new regulations.  Mr. Cherof agreed and said variances should be granted only when denial of the variance would deny the owner use of the property.  Councilmember Starkey noted that there were cases such as this that when the owner purchased the property this would have been allowed, but subsequent Code changes necessitated the variance.  She felt these changes should be applied to new development only and wondered if the Code should be changed to reflect this.  Mr. Cherof said he had pointed out in his memo that these types of issues should be addressed in the Code because granting a variance to a single property owner could appear to be favoritism.

Mr. Abramson confirmed for Councilmember Luis that the Planning and Zoning Board and homeowner’s association had both approved the variance.  Adjacent neighbors to the north and south approved as well.  Councilmember Luis said he had no problem with the request.

Councilmember Crowley said he appreciated the memo, and asked if "by law," Council could approve the variance if it did not meet the requirements.  Mr. Cherof explained that if Council answered any question in his memo with a “no,” they should deny the variance.  If this were followed, any variance they granted could be defended.  If they granted variances where the seven standards were not met, it would be difficult to defend.  Mr. Cherof said Council could request that staff examine the variance section of the Code and create “something perhaps a little bit more forgiving and a little bit more benign to give you the flexibility that I’m hearing you’d like to have.”

Mayor Truex and Councilmember Crowley felt all the criteria had been met.

Councilmember Starkey felt they should look at the rural lifestyle amendments to “eliminate the need for all of these various variances that we could look at easily to fix.”

Mr. Cherof opened the public hearing portion of the meeting.  As no one spoke, he closed the public hearing.

Council had no disclosures on this item.

Vice-Mayor Caletka felt this request met all the criteria, and that “a legal argument is considerably weakened if they don’t actually come out to protest this variance in the first place.”

Councilmember Starkey made a motion, seconded by Councilmember Luis, to approve adding that they wanted to be very careful that they were not opening up that as well, and to allow Mr. Cherof to look into a better way to handle this, especially if it came to the support of the community and homeowner’s association.  In a roll call vote, the vote was as follows:  Mayor Truex - yes; Vice-Mayor Caletka - yes; Councilmember Crowley - yes; Councilmember Luis - yes; Councilmember Starkey - yes.  (Motion carried 5-0)

 

6.3          SPECIAL PERMIT - SE 9-1-06, Stiles Corporation d/b/a Stiles Landscape Company, 2100 SW 154 Street (A-1) (to allow the installation of a modular trailer to be used as a storage and shelter office and to allow the staging of mulch on the subject property) Planning and Zoning Board recommended approval subject to the posting of a sufficient bond to be set by Town Council for pest removal and road repairs if required; and a note to Council - it was the consensus of the Board that the special permit was not required for the “use”

Ms. Nolan summarized the report.


Councilmember Starkey said there were Code violations throughout the Town for excessive mulching and wondered why staff would support something like this.  Mr. Kutney acknowledged there were several Code violation cases proceeding, but advised Council to weigh the evidence in this specific case.  Councilmember Starkey felt this was a compatibility issue and an environmental problem.  Mr. Kutney said if this site were operated as proposed, it would be appropriate.  Councilmember Starkey asked him to “go over some of the ideas for when it wouldn’t be appropriate, because I do believe that these are incompatible, especially in residential areas, and I have a problem with mulching.”  Ms. Nolan explained that this was an agricultural zoning district, in which staff wanted to encourage agricultural activities.  She indicated that the land was being looked at for nursery business activities, which was different from many of the cases to which Councilmember Starkey referred.  Ms. Nolan added that the applicant was here to allow Council to apply conditions which they could then regulate.  Based on the applicant’s written commitments, staff had found the use could be compatible with the surrounding uses.  Councilmember Starkey noted that the Agricultural Advisory Board had recommended changes to the Code regarding mulching issues.  Mr. Kutney stated that this was based on people’s attempt to use the agricultural exemption to perform activities that did not truly qualify for the agricultural exemption.  That was not true in this case.

Councilmember Luis asked if the special permit could be revoked in six months if the owner was not honoring the conditions.  Ms. Nolan responded that the special permit was only valid for 18 months, whereupon the applicant must return to Council to request renewal.  She felt Council could put a condition on the approval that any violation would be brought to Council to decide what to do about the license.

Don Winset, president of Stiles Landscaping, agreed to all of the conditions, and to providing a bond for any possible damage.

Councilmember Crowley asked about traffic issues.  Mr. Winset said a truck would deposit the mulch three or four times per week.  Councilmember Crowley said he had passed by the site and it appeared very clean.  He had no objection, but suggested Council review the permit renewal in one year instead of 18 months and that the applicant post a $20,000 bond for damage.

Mr. Cherof opened the public hearing portion of the meeting.

Karen Stenzel-Nowicki, 5480 SW 55 Avenue, felt that the agricultural use of mulching was the concern, not the exemption.  She noted the continuing Code enforcement problem between 58th and 61st Avenues at another landscape nursery.  Ms. Stenzel-Nowicki pointed out that mulching could present a very serious problem far beyond the boundaries of the property on which it was allowed.  Councilmember Crowley reminded Ms. Stenzel-Nowicki that this request was to store mulch, not to create it, which Mr. Winset confirmed.

Council had no disclosures on this item.

Vice-Mayor Caletka said he would vote against this, as he believed it was not in line with the surrounding neighborhoods.  Councilmember Starkey said she would vote against it because of the mulch itself, not the nursery use.  Councilmember Crowley said he would oppose a site that made mulch, but this was not that type of operation.  Councilmember Luis had received calls from neighbors who were only concerned with whether mulch was made at the property and were not concerned with mulch being stored there.

Ms. Nolan confirmed that all of the conditions would be contained in the special permit order.

Councilmember Crowley made a motion, seconded by Councilmember Luis, to approve the request, subject to a one-year renewal that came back to Council, and a $25,000 bond for street repair.  In a roll call vote, the vote was as follows:  Mayor Truex - yes; Vice-Mayor Caletka - no; Councilmember Crowley - yes; Councilmember Luis - yes; Councilmember Starkey - no.  (Motion carried 3-2)


Items to be tabled

6.4          STAFF REQUESTING A TABLING TO MAY 16, 2007

               AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE, CHAPTER 12, ARTICLE II, SECTION 12-24, STATEMENT OF PURPOSE AND INTENT OF ZONING DISTRICTS; ARTICLE III, SECTION 12-32, TABLE OF PERMITTED USES; SECTION 12-33 GENERAL REGULATIONS;  SECTION 12-34, DETAILED USE REGULATIONS – STANDARDS ENUMERATED; ARTICLE IV, SECTION 12-54, NON-RESIDENTIAL PERFORMANCE STANDARD – COMMERCIAL CONSERVATION; ARTICLE V, SECTION 12-83, COMMERCIAL CONSERVATION STANDARDS; ARTICLE VI, SECTION 12-107, LANDSCAPING STANDARDS FOR LOTS AND SITES; ARTICLE VII, SECTION 12-208, REQUIREMENTS FOR OFF STREET PARKING; ARTICLE XII, SECTION 12-375, MASTER PLANNED DEVELOPMENTS; AND ARTICLE XIV, SECTION 12-503, DEFINITIONS; AMENDING RECYCLING, SCRAP METAL PROCESSING , AND AUTOMOBILE WRECKING YARDS AS EXISTING LEGAL USES IN THE M-3 ZONING DISTRICT WHEN THE UNDERLYING LAND USE CLASSIFICATION IS INDUSTRIAL AND THE EXISTING USE IS LEGALLY PERMITTED; PROVIDING FOR INCLUSION IN THE TOWN CODE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

            This item was tabled earlier in the meeting.

 

7.         APPOINTMENTS

7.1          Mayor Truex

7.1.1       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)

Mayor Truex appointed Doug Notman.

 

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

No appointment was made.

 

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)

No appointment was made.

 

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)

No appointment was made.

 


7.2          Councilmember Luis

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

No appointments were made.

 

7.3          Councilmember Starkey

7.3.1       Airport Advisory Board (one exclusive appointment; terms expire December 2007)

Councilmember Starkey appointed Sidney Calloway.

 

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

No appointment was made.

 

7.3.3       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)

Councilmember Starkey appointed John Pisula.

 

7.4          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)

No appointments were made.

 

8.         OLD BUSINESS

            There was no old business to be discussed.

 

9.         NEW BUSINESS

            There was no new business to be discussed.

 

10.       MAYOR/COUNCILMEMBER’S COMMENTS

COUNCILMEMBER LUIS

BOARD ATTENDANCE.  Councilmember Luis agreed with the suggestion last month that absence from a meeting that resulted in lack of a quorum should be considered an absence.  Assistant Town Clerk McDaniel said that staff had requested a legal opinion on this issue and on a few other issues which should make the boards work better.

 

COUNCILMEMBER CROWLEY

WATER RESTRICTIONS.  Councilmember Crowley felt residents must be kept aware of this serious problem and felt the Town must scrutinize developments and encourage them to use best management practices to conserve water.  He wanted the Town to be the first in Broward County to institute year-round restrictions and asked staff to create some pros and cons and to place this item on an upcoming agenda.

 


VICE-MAYOR CALETKA

PLANNING AND ZONING BOARD APPOINTMENTS.  Vice-Mayor Caletka asked if there were any members of the Planning and Zoning Board who “ruffled feathers.”  He was checking on an appointment of his who had been considered contentious and whom he wanted to re-appoint.

GREEN BUSES.  Vice-Mayor Caletka wanted to create a resolution to encourage the Broward County Commission to consider green buses for any future acquisitions.

WATER RESTRICTIONS.  Vice-Mayor Caletka supported increased water restrictions.

 

MAYOR TRUEX 

SALES TAX PRESENTATION.  Mayor Truex said Bob Legg wanted to give a presentation regarding sales taxes.

MAYORS’ INITIATIVE ON GLOBAL WARMING PRESENTATION.  Mayor Truex said the Broward County Audubon Society wanted to give a presentation of the Mayors’ Initiative on Global Warming and the creation of a “green committee” to discuss and create green policies.

MOBILE HOME ORDINANCE.  Mayor Truex asked if staff had addressed the question of whether the mobile home ordinance would prevent someone from installing a new mobile home or a shed.  Mr. Kutney said this should be addressed by the Housing and Community Development Department or by the Town Attorney.  He agreed to let Council know if there were any issues they should address.

ILLEGAL ATV USE.  Mayor Truex asked how the Town was dealing with the use of these vehicles.  Police Captain James Moyer explained that depending on the situation, the vehicle could be towed and a citation issued.  Mayor Truex felt the vehicles should be impounded or towed to serve as a deterrent.  

 

11.       TOWN ADMINISTRATOR’S COMMENTS

GOAL SETTING SESSION.  Mr. Shimun advised that two Councilmembers had a conflict with the proposed April 13th goal setting session and asked for direction.  After a brief discussion, Council agreed to the session being held in the afternoon.

CONFERENCE.  Mr. Shimun advised that the ICMA was sponsoring a post-disaster recovery conference May 2-4, 2007 and he asked approval for Mr. Cohen to take his place at the Council meeting.  Council had no objections.

 

12.       TOWN ATTORNEY’S COMMENTS

            No comments were provided.

 

13.       ADJOURNMENT

            There being no further business to discuss and no objections, the meeting was adjourned at 10:55 p.m.

 

 

Approved________________________                               ____________________________________

                                                                                               Mayor/Councilmember

 

_________________________________

Town Clerk

 

 


3.3

APPROVAL OF CONSENT AGENDA

May 16, 2007

TOWN OF DAVIE

TOWN COUNCIL AGENDA REPORT

 

TO:                             Mayor and Councilmembers

 

FROM/PHONE:        Donald DiPetrillo, Fire Chief 954-797-1213

 

PREPARED BY:       Julie Downey, Assitant Chief, 954-797-1189

 

SUBJECT:                 EMS Week Proclamation

 

AFFECTED DISTRICT:         N/A

 

ITEM REQUEST:                

 

TITLE OF AGENDA ITEM:  PROCLAMATION CELEBRATING EMERGENCY MEDICAL SERVICES (EMS) FOR THE WEEK OF MAY 20-26, 2007

 

REPORT IN BRIEF:     TheEMS week theme for 2007 is "Extraordinary People, Extraordinary Service".  This slogan celebrates the expectional service being provided to countless patients every day, often under incredibily challenging circumstances.  They are selfless professionals who put their own lives on hold, day after day, to respond to the emergency needs of others.

 

PREVIOUS ACTIONS: 

 

CONCURRENCES: 

 

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):  Approve Proclamation

 

Attachment(s):  

Proclamation


 

PROCLAMATION

 

 

WHEREAS, emergency medical services is a vital public service; and

 

WHEREAS, the members of emergency medical services teams are ready to provide lifesaving care to those in need 24 hours a day, seven days a week; and

 

WHEREAS, access to quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness or injury; and

 

WHEREAS, the emergency medical services system consists of emergency Physicians, emergency nurses, emergency medical technicians, Paramedics, firefighters, educators, administrators and others; and

 

WHEREAS, the members of emergency medical services teams, engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skills; and

 

WHEREAS, it is appropriate to recognize the value and the

accomplishments of emergency medical services providers by designating Emergency Medical Services Week; and

 

NOW THEREFORE BE IT PROCLAIMED, that the Mayor and Town Council of  the Town of Davie,  commend the Town of Davie Firefighter’s and Emergency Medical Personnel for their efforts and do hereby proclaim the week of May 20-26, 2007, as

 

EMERGENCY MEDICAL SERVICES WEEK

 

  With the theme, Extraordinary People, Extraordinary Service and I encourage        the community to observe this week with appropriate programs, ceremonies and activities.

 

 IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of May, 2007.                                                                                                                                                                                                                                                   

 

                                                            ___________________                                                             

                                                                                     Tom Truex, Mayor         

 

 

 

3.4

APPROVAL OF CONSENT AGENDA

May 16, 2007

TOWN OF DAVIE

TOWN COUNCIL AGENDA REPORT

 

 

TO:                             Mayor and Councilmembers

 

FROM/PHONE:        Herb Hyman/797-1016

 

PREPARED BY:       Herb Hyman/797-1016

 

SUBJECT:                 Resolution

 

AFFECTED DISTRICT:         All

 

ITEM REQUEST:                

 

TITLE OF AGENDA ITEM:  A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, SELECTING THE FIRM OF AMERICAN APPRAISAL ASSOCIATES, INC. TO PROVIDE ASSET VALUATION  SERVICES FOR GASB 34 COMPLIANCE AND AUTHORIZING THE TOWN ADMINISTRATOR OR HIS DESIGNEE TO NEGOTIATE AN AGREEMENT FOR SUCH SERVICES.

 

REPORT IN BRIEF:     The Town solicited competitive sealed proposals for asset valuation services for GASB 34 compliance.  RFP documents were sent to eighteen (18) prospective proposers.  Additionally, the bid was advertised state-wide in Florida Bid Reporting and nationally in BidNet and also posted on the Town’s web site.  The Town received three responses (two (2) proposals and one (1) "no bid" response).  The selection committee invited both submitting firms to make an oral presentation.  American Appraisal Associates, Inc. made their presentation.  However, Accountable Assets, Inc. failed to appear at their scheduled time.  When contacted, Accountable Assets claimed that they weren't aware that they were scheduled to make a presentation although the letter that the Town sent was never returned by the US Postal Service.  The selection committee was completely comfortable with the qualifications of American Appraisals and although the specifics of a contract could not be negotiated until the Town Council approved this selection, preliminary discussions indicate that American Appraisal Associates' fees will be well within the budgeted amount for this project.  Following oral presentations, the selection committee ranked the firms.  The recommendation is for American Appraisal Associates, Inc. as the top ranked firm in accordance with the ranking totals attached hereto. 

 

 

PREVIOUS ACTIONS:  Not applicable.  

 

CONCURRENCES: The firm of American Appraisal Associates, Inc. was chosen by the selection committee.  

 

 

FISCAL IMPACT: 

 

Has request been budgeted?    

 

If yes, expected cost:  To be negotiated with the highest ranked firm.

 

          Account Name:  Budget & Finance Department-Contractual Services  Account   

 

RECOMMENDATION(S):  Motion to approve the resolution.

 

 

Attachment(s):  

Procurement Authorization

Selection Committee Rankings

Incorporation information


 

RESOLUTION NO. ________

 

 

A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, SELECTING THE FIRM OF AMERICAN APPRAISAL ASSOCIATES, INC. TO PROVIDE ASSET VALUATION SERVICES FOR GASB 34 COMPLIANCE AND AUTHORIZING THE TOWN ADMINISTRATOR OR HIS DESIGNEE TO NEGOTIATE AN AGREEMENT FOR SUCH SERVICES.

 

WHEREAS, the Town solicited proposals for asset valuation services for GASB 34 compliance; and

WHEREAS, the selection committee has selected American Appraisal Associates, Inc. as the firm best qualified to provide the required services; and

WHEREAS, it is in the Town's best interest to execute a contract for such services.

 

NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF DAVIE, FLORIDA:

SECTION 1.  The Town Council of the Town of Davie does hereby accept the selection of American Appraisal Associates, Inc. as the firm best qualified to provide the required services and authorizes the Town Administrator or his designee to negotiate an agreement for such services and present that contract for approval at a future meeting date.  Should no agreement be reached with the highest ranking firm, then the Town Administrator or his designee shall negotiate with the next ranked firm and present that agreement for approval.

SECTION 2.  This resolution shall take effect immediately upon its passage and adoption.

 

PASSED AND ADOPTED THIS __________ DAY OF ________________________, 2007

 

 

                                                                                                       _________________________________

                                                                                                       MAYOR/COUNCILMEMBER

Attest:

_____________________________________

 TOWN CLERK

APPROVED THIS __________ DAY OF ________________________, 2007

 



 


 

 

 

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3.5

APPROVAL OF CONSENT AGENDA

May 16, 2007

TOWN OF DAVIE

TOWN COUNCIL AGENDA REPORT

 

TO:                             Mayor and Councilmembers

 

FROM/PHONE:        Herb Hyman/797-1016

 

PREPARED BY:       Herb Hyman/797-1016

 

SUBJECT:                 Resolution

 

AFFECTED DISTRICT:         All

 

ITEM REQUEST:                

 

TITLE OF AGENDA ITEM:  A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, SELECTING THE FIRM OF GLE ASSOCIATES, INC. TO PROVIDE ELECTRICAL ENGINEERING SERVICES FOR THE GENERATORS, PHASE II PROJECT AND AUTHORIZING THE TOWN ADMINISTRATOR OR HIS DESIGNEE TO NEGOTIATE AN AGREEMENT FOR SUCH SERVICES.

 

REPORT IN BRIEF:     The Town solicited competitive sealed proposals for electrical engineering services for the generators, phase II project.  RFP documents were sent to twenty (20) prospective proposers.  Additionally, the bid was advertised state-wide in Florida Bid Reporting and nationally in BidNet and also posted on the Town’s web site.  The Town received two (2) proposals.  The selection committee heard oral presentations from both firms.  Following oral presentations, the selection committee ranked the firms.  The recommendation is for GLE Associates, Inc. as the top ranked firm in accordance with the ranking totals attached hereto. 

 

PREVIOUS ACTIONS:  Not applicable.  

 

CONCURRENCES: The firm of GLE Associates, Inc. was chosen by the selection committee.  

 

FISCAL IMPACT: 

Has request been budgeted?    

 

If yes, expected cost:  To be negotiated with the highest ranked firm.

          Account Name:  Capital Improvement-Generators Account   

 

Additional Comments: 

RECOMMENDATION(S):  Motion to approve the resolution.

 

Attachment(s):  

Procurement Authorization

Selection Committee Rankings

Incorporation information


 

RESOLUTION NO. ________

 

 

A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, SELECTING THE FIRM OF GLE ASSOCIATES, INC. TO PROVIDE ELECTRICAL ENGINEERING SERVICES FOR THE GENERATORS, PHASE II PROJECT AND AUTHORIZING THE TOWN ADMINISTRATOR OR HIS DESIGNEE TO NEGOTIATE AN AGREEMENT FOR SUCH SERVICES.

 

WHEREAS, the Town solicited proposals for electrical engineering services for the generators, phase II project; and

WHEREAS, the selection committee has selected GLE Associates, Inc. as the firm best qualified to provide the required services; and

WHEREAS, it is in the Town's best interest to execute a contract for such services.

 

NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF DAVIE, FLORIDA:

SECTION 1.  The Town Council of the Town of Davie does hereby accept the selection of GLE Associates, Inc. as the firm best qualified to provide the required services and authorizes the Town Administrator or his designee to negotiate an agreement for such services and present that contract for approval at a future meeting date.  Should no agreement be reached with the highest ranking firm, then the Town Administrator or his designee shall negotiate with the next ranked firm and present that agreement for approval.

SECTION 2.  This resolution shall take effect immediately upon its passage and adoption.

 

PASSED AND ADOPTED THIS __________ DAY OF ________________________, 2007

 

 

                                                                                                       _________________________________

                                                                                                       MAYOR/COUNCILMEMBER

Attest:

_____________________________________

 TOWN CLERK

APPROVED THIS __________ DAY OF ________________________, 2007


 



 

 

                 

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3.6

APPROVAL OF CONSENT AGENDA

May 16, 2007

TOWN OF DAVIE

TOWN COUNCIL AGENDA REPORT

 

TO:                             Mayor and Councilmembers

 

FROM/PHONE:        Chief John George/(954) 693-8320

 

PREPARED BY:       Nina B. Valdez

 

SUBJECT:                 Resolution

 

AFFECTED DISTRICT:         District 3

 

ITEM REQUEST:                

 

TITLE OF AGENDA ITEM:  A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT BETWEEN LONG LAKE RANCHES WEST HOMEOWNERS ASSOCIATION, INC. AND THE TOWN OF DAVIE POLICE DEPARTMENT FOR TRAFFIC CONTROL.

 

REPORT IN BRIEF:     Long Lake Ranches West Homeowners Association, Inc. would like to enter into an agreement with the Town of Davie Police department, wherein the owner/association specifically grants the Town power and authority to enforce traffic control on the property of the owner/association, which is required by law to enable enforcement of traffic laws on private roadways and streets within this community.

 

PREVIOUS ACTIONS: 

 

CONCURRENCES: 

 

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): 

 

Attachment(s):  

 

RESOLUTION __________________

 

A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT BETWEEN LONG LAKE RANCHES WEST HOA, INC. AND THE TOWN OF DAVIE POLICE DEPARTMENT FOR TRAFFIC CONTROL.

 

 

                        WHEREAS, Long Lake Ranches West HOA, Inc. and the Davie Police Department would like to enter into an “Agreement for Traffic Control” and

                        WHEREAS, Long Lake Ranches West HOA, Inc. has the authority to sign said agreements, and have done so; and

                        WHEREAS, the Davie Police Department requests the Mayor add his signature to said Agreement;

 

NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF DAVIE, FLORIDA

 

                        SECTION 1.  The Town Council of the Town of Davie hereby authorizes the Mayor to execute the “Agreements for Traffic Control,” attached hereto as Exhibit A.

                        SECTION 1. This resolution shall take effect immediately upon its passage and adoption.

 

PASSED AND ADOPTED THIS ____________ day of ____________________, 2007

 

 

                                                                                                __________________________________

                                                                                                            MAYOR/COUNCIL MEMBER

ATTEST:

 

_________________________

TOWN CLERK

 

APPROVED THIS __________ DAY OF ___________________ 2007

 

 

 

 

 

 

 

 

 

 

 

 


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


3.7

APPROVAL OF CONSENT AGENDA

May 16, 2007

TOWN OF DAVIE

TOWN COUNCIL AGENDA REPORT

 

 

TO:                             Mayor and Councilmembers

 

FROM/PHONE:        Dennis Andresky, Parks & Recreation Director    797-1150

 

PREPARED BY:       Dennis Andresky, Parks & Recreation Director

 

SUBJECT:                 Partnership Agreement, T.O.D./Friends Of The Farm Park, Inc.

 

AFFECTED DISTRICT:         4

 

ITEM REQUEST:                

 

TITLE OF AGENDA ITEM:  A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AFFIRMING IT’S INTENT TO ENTER INTO AN AGREEMENT WITH THE FRIENDS OF THE FARM PARK, INC. FOR THE PURPOSE OF COOPERATIVE JOINT EFFORT IN THE DEVELOPMENT AND OPERATION OF THE DAVIE FARM PARK

 

REPORT IN BRIEF:     The Town of Davie has acquired a 53 acre site for development and use as a Farm Park.  A citizen group known as The Friends of the Farm Park is currently in the process of obtaining 501c not for profit incorporation status and seeks to form an agreement with the Town to assist in the parks development and operation.  The groups mission is: to preserve and protect the past, present and future of Davie's agriculture and natural resources through education and demonstration. The group has been instrumental in providing formative planning and direction for site developmnent and is actively working to obtain key sponsorships of material goods and human services.  The expected benefits to the Town from this agreement include a reduction in cost to the Town for site development and long term operation; increased civic pride from direct citizen involvement and participation, a sharing of roles and responsibilities and assistance in obtaining and utilizing human, financial, technological, material and structural resources.   Staff recommends approval of the resolution as presented.    

 

 

PREVIOUS ACTIONS: n/a

 

CONCURRENCES: 

 

 

FISCAL IMPACT: 

 

Has request been budgeted?    

 

If yes, expected cost:  Fiscal impact is a significant though yet undetermined savings in development and operational cost for this park.

 

          Account Name: 

 

If no, amount needed:  $

 

        What account will funds be appropriated from: 

 

Additional Comments: 

 

RECOMMENDATION(S):  Approval of Resolution

 

Attachment(s):  

 

 

 

 


RESOLUTION ___________

 

 

A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AFFIRMING IT’S INTENT TO ENTER INTO AN AGREEMENT WITH THE FRIENDS OF THE FARM PARK, INC. FOR THE PURPOSE OF COOPERATIVE JOINT EFFORT IN THE DEVELOPMENT AND OPERATION OF THE DAVIE FARM PARK

 

              WHEREAS, the Town of Davie has acquired a fifty-three acre park for development and use

 

as the Davie Farm Park; and

 

            WHEREAS, a citizen group known as The Friends of the Farm Park seeks to form an agreement with the Town for the specific purpose of assisting the Town in the development and operation of said park; and

            WHEREAS; The Friends of the Farm Park group is in the process of obtaining 501C Not For Profit Incorporation status; and

            WHEREAS, the Town of Davie recognizes the value and benefit such cooperative effort will have in the success of the Davie Farm Park and in the growth of civic pride; and

            WHEREAS, the Town wishes to enter into such an agreement with The Friends of the Farm Park for the purpose so stated.

NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF DAVIE, FLORIDA.

 

            SECTION 1. The Town Administrator is hereby authorized to negotiate an agreement with The Friends of the Farm Park to assist the Town with the development and operation of the Davie Farm Park.  

            SECTION 2. The Town Administrator shall upon completion, present the final agreement to the Town of Davie Town Council for execution.

            SECTION 3.  This resolution shall take effect immediately upon its passage and adoption.

PASSED AND ADOPTED THIS _____ DAY OF______________, 2007

 

 

                                                                                                   ________________________________

                                                                                                   MAYOR/COUNCILMEMBER

 

ATTEST:

 

 

___________________________

TOWN CLERK

 

APPROVED THIS _____ DAY OF______________, 2007

 


 

 

 

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3.8

APPROVAL OF CONSENT AGENDA

May 16, 2007

TOWN OF DAVIE

TOWN COUNCIL AGENDA REPORT

 

 

TO:                             Mayor an d Councilmembers

 

FROM/PHONE:        Gary P. Shimun, Town Administrator

 

PREPARED BY:       Russell C. Muniz, MBA, CMC, Town Clerk

 

SUBJECT:                 Resolution

 

AFFECTED DISTRICT:         Town-Wide

 

ITEM REQUEST:                

 

TITLE OF AGENDA ITEM:  :        A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING AND EXECUTING THE 2007 AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE TOWN OF DAVIE, PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM BROWARD COUNTY FIFTH CENT ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL FOR TRANSIT, AND PROVIDING FOR AN EFFECTIVE DATE.

 

REPORT IN BRIEF:     Broward County collects and distributes the fifth cent additional local option gas tax.  Proceeds are distributed at a ratio of 48% for Broward County and 52% for county municipalities.  Of the 52% distributed to municipalities 26% is based on population and 26% is distributed by grant agreement for community shuttle services through Broward County.  Funding distribution formula for the Town of Davie reflects a population increase of 5,910 and an increase in percentage from 1.267083% to 1.343139%.          

 

 

PREVIOUS ACTIONS:  R-2004-099, R-2005-147, and R-2006-149.

 

CONCURRENCES:  Requires execution by the County.

 

 

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:  Motor fuel for transit gas taxes are used to support to the Town’s mini bus transit system. 

 

RECOMMENDATION(S):  Motion to approve the resolution. 

 

Attachment(s):  Resolution, 2007 Amendment to Interlocal Agreement


RESOLUTION _____________

 

A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING AND EXECUTING THE 2007 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.

 

            WHEREAS, on June 13, 2000, the Board of County Commissioners enacted Ordinance No. 2000-25, effective January 1, 2001, through December 31, 2031, pursuant to Section 336.025 (1)(b), Florida Statutes, extending the levy of the fifth-cent local option gas tax for thirty years and providing for a method of distribution of the proceeds of the tax; and

 

            WHEREAS, it is necessary for the Town of Davie to approve the execution of the attached amendment to the interlocal agreement in order to receive its eligible distribution.

 

NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF DAVIE, FLORIDA:

 

Section 1.  The appropriate Town officials are herby authorized to execute the Amendment to the Interlocal Agreement, attached hereto as Exhibit “A”. 

 

Section 2.  This Resolution shall take effect immediately upon its passage and adoption.

 

 

 

PASSED AND ADOPTED THIS __________ DAY OF ____________________, 2007.

 

 

                                                                                                                                                                                                                                                            _______________________________                                                                                                          MAYOR/COUNCILMEMBER

 

ATTEST:

 

 

__________________________________

TOWN CLERK

 

 

APPROVED THIS _______DAY OF ____________________, 2007.


2007 AMENDMENT

 

to

 

INTERLOCAL AGREEMENT

 

between

 

BROWARD COUNTY

 

and

 

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

 

            This 2007 Amendment to Interlocal Agreement made and entered into by and between:  BROWARD COUNTY, a political subdivision of the state of Florida, hereinafter referred to as "COUNTY,"

 

AND

 

            Town of Davie, a municipal corporation, existing under the laws of the state of Florida, hereinafter referred to as "MUNICIPALITY."

 

            WHEREAS, Section 336.025(1)(b), Florida Statutes, authorizes the counties to extend the levy of the five (5) cent local option gas tax upon every gallon of motor fuel and special fuel sold in Broward County for a period not to exceed thirty (30) years on a majority vote of the governing body of the COUNTY; and

 

            WHEREAS, on June 13, 2000, the Board of County Commissioners enacted Ordinance No. 2000-25, effective January 1, 2001, through December 31, 2031, pursuant to Section 336.025(1)(b), Florida Statutes, extending the levy of the fifth-cent local option gas tax for thirty years and providing for a method of distribution of the proceeds of the tax; and

 

            WHEREAS, pursuant to said Ordinance, the method for distribution of the proceeds is the execution of an Interlocal Agreement with one or more of the municipalities representing a majority of the population of the incorporated area within the County which establishes the distribution formulas for dividing the proceeds of the tax among the County and all eligible municipalities within the County; and

 

            WHEREAS, paragraph 4 of the Interlocal Agreement, requires annual adjustment of the population of the individual municipalities and unincorporated Broward County in accordance with the population figures set forth in the most current edition of "Florida Estimates of Population," published by the Bureau of Economics and Business Research, Population Division, University of Florida;  NOW, THEREFORE,

 

            IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth and pursuant to Section 336.025(1)(b), Florida Statutes, for transportation expenditures set forth in Section 336.025(7)(a), Florida Statutes, the COUNTY and MUNICIPALITY agree as follows:

 

1.         Paragraph 2 of the Interlocal Agreement, is hereby amended to read as follows:

 

2.1       Forty-eight percent (48%) of said proceeds shall be distributed to the COUNTY.  The remaining Fifty-two percent (52%) shall be distributed to the eligible municipalities in the following manner:

 

2.1.1    Twenty-six percent (26%) shall be distributed to the eligible municipalities based on population as follows:

 

                        Population of Individual CITY 

                        Total incorporated area Population    X 26.0000%

                                               

 

Recipient

FY 2008 Population

FY 2008 Percent
Share of Proceeds

Coconut Creek

48,300

0.723745%

Cooper City

29,993

0.449426%

Coral Springs

129,615

1.942200%

Dania

28,555

0.427879%

Davie

89,636

1.343139%

Deerfield Beach

75,603

1.132864%

Fort Lauderdale

175,836

2.634792%

Hallandale

35,844

0.537100%

Hillsboro Beach

2,234

0.033475%

Hollywood

143,287

2.147066%

Lauderdale-by-the-Sea

5,831

0.087374%

Lauderdale Lakes

32,161

0.481912%

Lauderhill

66,776

1.000597%

Lazy Lake

41

0.000614%

Lighthouse Point

10,899

0.163315%

Margate

55,332

0.829115%

Miramar

110,322

1.653106%

North Lauderdale

41,584

0.623110%

Recipient

FY 2008 Population

FY 2008 Percent
Share of Proceeds

Oakland Park

42,427

0.635742%

Parkland

22,293

0.334047%

Pembroke Park

5,740

0.086010%

Pembroke Pines

151,786

2.274418%

Plantation

84,891

1.272038%

Pompano Beach

101,103

1.514965%

Sea Ranch Lakes

730

0.010939%

Southwest Ranches

7,415

0.111109%

Sunrise

89,669

1.343634%

Tamarac

59,259

0.887959%

Weston

61,629

0.923472%

West Park

13,804

0.206844%

Wilton Manors

12,546

0.187994%

 

 

 

Total Incorporated

1,735,141

26.000000%

 

 

 

Unincorporated Area

18,021

 

 

 

 

Total County

1,753,162

 

 

The population figures set forth above are based on the figures contained in the document referred to as the “Florida Estimates of Population,” published on an annual basis by the Bureau of Economic and Business Research, Population Division, of the University of Florida.  The population figures to be utilized in the formula described in this section, for the distribution of the Fifth Cent, shall be adjusted annually based on the current Florida Estimates of Population.

 

2.1.2    Twenty-six percent (26%) shall be distributed by COUNTY to the Municipalities by grant agreement for Community Shuttle Services.

 

2.         This 2007 Amendment to Interlocal Agreement shall become effective on the date last executed by the parties hereto provided that those eligible municipalities representing a majority of the incorporated area population and Broward County have executed this Interlocal Agreement prior to June 1, 2007.

 

3.         In the event this 2007 Amendment to Interlocal Agreement or a portion of this 2007 Amendment to Interlocal Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless COUNTY or MUNICIPALITY elects to terminate this Agreement.  The election to terminate this Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final.

 

4.         All provisions of the Interlocal Agreement and any prior Amendment, not in conflict with this 2007 Amendment to Interlocal Agreement, shall remain in full force and effect.

 

5.         This 2007 Amendment to Interlocal Agreement may be executed in several counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one and the same instrument.

 

[THE REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.]


IN WITNESS WHEREOF, the parties have made and executed this 2007 Amendment to the Interlocal Agreement on the respective dates under each signature:  BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Mayor or Vice Mayor, authorized to execute same by Board action, and MUNICIPALITY, signing by and through its Mayor-Commissioner, duly authorized to execute same.

 

COUNTY

 

ATTEST:                                                                     BROWARD COUNTY, through its

                                                                                    BOARD OF COUNTY COMMISSIONERS

 

______________________________

County Administrator and         Ex-Officio                    By _____________________________

Clerk of the Board of County                                                                            , Mayor

Commissioners of Broward County,

Florida                                                                         ____ day of ________________, 2007.

 

                                                                                    Approved as to form by

                                                                                    Office of County Attorney

                                                                                    Broward County, Florida

                                                                                    Jeffrey J. Newton, County Attorney

                                                                                    Governmental Center, Suite 423

                                                                                    115 South Andrews Avenue

                                                                                    Fort Lauderdale, Florida 33301

                                                                                    Telephone:   (954) 357-7600

                                                                                    Telecopier:  (954) 357-6968

 

 

                                                                                    By ___________________________

                                                                                                Al A. DiCalvo

                                                                                                Assistant County Attorney


2007 AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND 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

 

 

MUNICIPALITY

 

WITNESSES:                                                                          Town of Davie

 

 

______________________________                        By _____________________________

                                                                                                            Mayor

 

 

_______________________________                      ____ day of ________________, 2007.

 

ATTEST:

 

________________________________                    By _____________________________

Town Clerk                                                                                          Town Administrator

 

                                                                                    ____ day of ________________, 2007.

 

            (CORPORATE SEAL)

                                                                                    APPROVED AS TO FORM:

 

                                                                                    By _____________________________

                                                                                                Town Attorney

 

 

 

 

 

 

 

AAD

4/12/2007

GASTAX5_2007.doc«Municipality»

 

 

 


3.9

APPROVAL OF CONSENT AGENDA

May 16, 2007

TOWN OF DAVIE

TOWN COUNCIL AGENDA REPORT

 

 

TO:                             Mayor and Councilmembers

 

FROM/PHONE:        Gary P. Shimun,Town Administrator

 

PREPARED BY:       Russell C. Muniz, MBA, CMC, Town Clerk

 

SUBJECT:                 Resolution

 

AFFECTED DISTRICT:         Town-Wide

 

ITEM REQUEST:                

 

TITLE OF AGENDA ITEM:  :        A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING AND EXECUTING THE 2007 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.

 

REPORT IN BRIEF:     Broward County collects local option gasoline taxes and distributes these funds between Broward County and eligible municipalities at a ratio of 62.5% County and 37.5% Municipal.  The Municipal distribution is calculated in accordance with the population figures set forth in the most current edition of “Florida Estimates of Population”, published by the Bureau of Economics & Business Research, Population Division, University of Florida.  The current incorporated area population formula reflects a population increase in the Town of Davie of 5,910 and an increased distribution percentage from 1.827524 to 1.937220.

 

 

PREVIOUS ACTIONS:  R-2004-097, R-2005-145, and R-2006-150

 

CONCURRENCES:  Requires execution by the County.

 

 

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:  Gas tax funds support roadway construction and maintenance operations within the Town.

 

RECOMMENDATION(S):  Motion to approve the resolution. 

 

Attachment(s):  Resolution, 2007 Amendment to Interlocal Agreement


RESOLUTION _____________

 

A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING AND EXECUTING THE 2007 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.

 

            WHEREAS, on June 14, 1988, the Broward County Board of County Commissioners approved a 30 year extension of the six cent Local Option Gas Tax; and

 

            WHEREAS, the distribution of these funds is adjusted annually to reflect

Population changes; and

 

            WHEREAS, it is necessary that the Town of Davie approve the execution of the 2007 Amendment to receive a distribution of these funds.

 

NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF DAVIE, FLORIDA:

 

Section 1.  The appropriate Town officials are herby authorized to execute the Amendment to the Interlocal Agreement, attached hereto as Exhibit “A”.  

 

Section 2.  This Resolution shall take effect immediately upon its passage and adoption.

 

 

 

PASSED AND ADOPTED THIS __________ DAY OF ____________________, 2007.

 

 

                                                                                                                                                                                                                                                            _______________________________                                                                                                          MAYOR/COUNCILMEMBER

 

ATTEST:

 

 

__________________________________

TOWN CLERK

 

 

APPROVED THIS _______DAY OF ____________________, 2007.


2007 AMENDMENT

to

INTERLOCAL AGREEMENT

between

BROWARD COUNTY

and

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

 

            This is the 2007 Amendment to Interlocal Agreement, made and entered into by and between:  BROWARD COUNTY, a political subdivision of the state of Florida, hereinafter referred to as "COUNTY,"

AND

 

            Town of Davie, a municipal corporation, existing under the laws of the state of Florida, hereinafter referred to as "MUNICIPALITY."

 

            WHEREAS, Section 336.025(1)(a), Florida Statutes, authorizes the counties to extend the levy of the six (6) cent local option gas tax upon every gallon of motor fuel and special fuel sold in Broward County for a period not to exceed thirty (30) years on a majority vote of the governing body of the COUNTY; and

 

            WHEREAS, on June 14, 1988, the Board of County Commissioners enacted Ordinance No. 88-27, effective September 1, 1988, through August 31, 2018, pursuant to Section 336.025(1)(a), Florida Statutes, extending the levy of the six cent local option gas tax for thirty years and providing for a method of distribution of the proceeds of the tax; and

 

            WHEREAS, pursuant to the ordinance, the method for distribution of the proceeds is the execution of an interlocal agreement with one or more of the municipalities representing a majority of the population of the incorporated area within the county which establishes the distribution formulas for dividing the proceeds of the tax among the county and all eligible municipalities within the county, as set forth in Section 336.025(3)(a)1, Florida Statutes; and

 

            WHEREAS, paragraph 4 of the Interlocal Agreement, as amended by the Addendum to the Interlocal Agreement and the prior amendments, requires annual adjustment of the population of the individual municipalities and unincorporated Broward County in accordance with the population figures set forth in the most current edition of "Florida Estimates of Population," published by the Bureau of Economics and Business Research, Population Division, University of Florida;  NOW, THEREFORE,

 

            IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth, COUNTY and MUNICIPALITY agree as follows:

 

1.         Paragraph 2 of the Interlocal Agreement, as amended by the Addendum thereto and the prior amendments, is amended to read as follows:

 

2.         Sixty-two and Five tenths percent (62.5%) of said Local Option Gas Tax proceeds shall be distributed to the COUNTY, and the remaining Thirty-seven and Five tenths percent (37.5%) shall be divided among and distributed to the eligible municipalities within the COUNTY as follows:

 

Population of Individual Municipality x 37.5% = Total Incorporated Area Population

           

Recipient

FY 2008 Percent
Share of Proceeds

Coconut Creek

1.043863%

Cooper City

0.648210%

Coral Springs

2.801249%

Dania

0.617133%

Davie

1.937220%

Deerfield Beach

1.633938%

Fort Lauderdale

3.800181%

Hallandale

0.774663%

Hillsboro Beach

0.048281%

Hollywood

3.096730%

Lauderdale-by-the-Sea

0.126020%

Lauderdale Lakes

0.695066%

Lauderhill

1.443168%

Lazy Lake

0.000886%

Lighthouse Point

0.235550%

Margate

1.195839%

Miramar

2.384288%

North Lauderdale

0.898717%

Oakland Park

0.916936%

Parkland

0.481798%

Pembroke Park

0.124053%

Pembroke Pines

3.280411%

Plantation

1.834671%

Pompano Beach

2.185046%

Sea Ranch Lakes

0.015777%

Southwest Ranches

0.160254%

Sunrise

1.937933%

Tamarac

1.280710%

Weston

1.331931%

West Park

0.298333%

Wilton Manors

0.271145%

Total Incorporated

37.500000%

 

 

 

2.         The population figures set forth herein are based on the most current edition of Florida Estimates of Population, published by the Bureau of Economics and Business Research, Population Division, University of Florida.  In accordance with the population figures, paragraph 3 of the Interlocal Agreement, as amended by the Addendum thereto and the prior amendments, is amended to read as follows:

 

Recipient

FY 2008 Population

Coconut Creek

48,300

Cooper City

29,993

Coral Springs

129,615

Dania

28,555

Davie

89,636

Deerfield Beach

75,603

Fort Lauderdale

175,836

Hallandale

35,844

Hillsboro Beach

2,234

Hollywood

143,287

Lauderdale-by-the-Sea

5,831

Lauderdale Lakes

32,161

Lauderhill

66,776

Lazy Lake

41

Lighthouse Point

10,899

Margate

55,332

Miramar

110,322

North Lauderdale

41,584

Oakland Park

42,427

Parkland

22,293

Pembroke Park

5,740

Pembroke Pines

151,786

Plantation

84,891

Pompano Beach

101,103

Sea Ranch Lakes

730

Southwest Ranches

7,415

Sunrise

89,669

Tamarac

59,259

Weston

61,629

West Park

13,804

Wilton Manors

12,546

Total Incorporated

1,735,141

 

 

Unincorporated Area

18,021

 

 

Total County

1,753,162

 

 

3.         Except to the extent amended, the Agreement shall remain in full force and effect.  In the event of any conflict between the terms of this 2007 Amendment and the prior amendments, the parties hereby agree that this document shall control.

 

4.         This 2007 Amendment shall become effective on the date last executed by the parties hereto provided that those eligible municipalities representing a majority of the incorporated area population and Broward County have executed this 2007 Amendment prior to June 1, 2007.

 

5.         This 2007 Amendment may be simultaneously executed in several counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one and the same instrument.

 

6.         In the event a portion of this 2007 Amendment is found by a court of competent jurisdiction to be invalid, the remaining portions shall continue to be effective.

 

 

            IN WITNESS WHEREOF, the parties have made and executed this 2007 Amendment to the Interlocal Agreement on the respective dates under each signature:  BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Mayor or Vice Mayor, authorized to execute same by Board action, and MUNICIPALITY, signing by and through its Mayor-Commissioner, duly authorized to execute same.

 

COUNTY

 

ATTEST:                                                                     BROWARD COUNTY, through its

                                                                                    BOARD OF COUNTY COMMISSIONERS

 

______________________________

County Administrator and Ex-Officio                By _____________________________

Clerk of the Board of County                                                                            Mayor

Commissioners of Broward County,

Florida                                                             ____ day of ________________, 2007.

 

                                                                                    Approved as to form by

                                                                                    Office of County Attorney

                                                                                    Broward County, Florida

                                                                                    Jeffrey J. Newton, County Attorney

                                                                                    Governmental Center, Suite 423

                                                                                    115 South Andrews Avenue

                                                                                    Fort Lauderdale, Florida 33301

                                                                                    Telephone:   (954) 357-7600

                                                                                    Telecopier:  (954) 357-6968

 

 

                                                                                    By ___________________________

                                                                                                Al A. DiCalvo

                                                                                                Assistant County Attorney

 

 

 

 

 

 

                 

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2007 AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND TOWN OF DAVIE PROVIDING FOR DIVISION AND DISTRIBUTION OF THE LOCAL OPTION GAS TAX IMPOSED BY THE BROWARD COUNTY LOCAL OPTION GAS TAX ORDINANCE

 

 

MUNICIPALITY

 

WITNESSES:                                                  Town of Davie

 

 

_________________________                                  By _____________________________

                                                                                                Mayor

 

 

_________________________                                  ____ day of ________________, 2007.

 

ATTEST:

 

 

By ______________________                                   ________________________________

            Town Clerk                                                                  Town Administrator

 

                                                                                    ____ day of ________________, 2007.

 

            (CORPORATE SEAL)

                                                                                    APPROVED AS TO FORM:

 

                                                                                    By _____________________________

                                                                                                Town Attorney

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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3.10

APPROVAL OF CONSENT AGENDA

May 16, 2007

TOWN OF DAVIE

TOWN COUNCIL AGENDA REPORT

 

 

TO:                             Mayor and Councilmembers

 

FROM/PHONE:        Gary P. Shimun

 

PREPARED BY:       Russell C. Muniz, MBA, CMC, Town Clerk

 

SUBJECT:                 Resolution

 

AFFECTED DISTRICT:         Town-Wide

 

ITEM REQUEST:                

 

TITLE OF AGENDA ITEM:  A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING AND EXECUTING THE 2007 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.

 

REPORT IN BRIEF:     In 1993 Broward County adopted a supplemental “Additional” Local Option Gasoline Tax Ordinance that collects gasoline taxes and originally distributed funds between Broward County and eligible municipalities at a ratio of 62.5% County and 37.5% municipal.  In 1997, the Board of County Commissioners approved a policy providing for increases in the Cities share of the “additional” local option gas taxes to take into account the population shift resulting from annexation.  The 2007 amendment addresses the new distribution ratio of 48.74% to the County and 51.26% to the municipalities.  In 2006, the distribution ratio had been  49.51% to the County and 50.49% to the municipalities.  The funding distribution formula for municipalities reflects a population increase of 5,910 for the Town of Davie and increased our distribution percentage from 2.460579 to 2.648051. 

 

 

PREVIOUS ACTIONS:  R-2004-098, R-2005-146, and R-2006-151

 

CONCURRENCES:  Requires execution by the County.

 

 

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:  Gas tax funds support roadway construction and maintenance operations within the Town.

 

RECOMMENDATION(S):  Motion to approve the resolution. 

 

Attachment(s):  Resolution, 2007 Amendment to Interlocal Agreement


RESOLUTION _____________

 

A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING AND EXECUTING THE 2007 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.

 

            WHEREAS, on September 1, 1993, the Board of County Commissioners

Imposed an “additional” local option gas tax on motor fuel; and

 

            WHEREAS, the distribution of these funds is adjusted annually to reflect population changes; and

 

            WHEREAS, it is necessary that the Town of Davie approve the execution of the attached Amended Interlocal Agreement to receive a distribution of these funds; and

 

            WHEREAS, the Interlocal Agreement shall be effective September 1, 1993, through December 31, 2024.

 .

 

NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF DAVIE, FLORIDA:

 

Section 1.  The appropriate Town officials are herby authorized to execute the Amendment to the Interlocal Agreement, attached hereto as Exhibit “A”.  

 

Section 2.  This Resolution shall take effect immediately upon its passage and adoption.

 

 

 

PASSED AND ADOPTED THIS __________ DAY OF ____________________, 2007.

 

                                                                                                                                                                                                                                                                        _______________________________                                                                                                          MAYOR/COUNCILMEMBER

 

ATTEST:

 

__________________________________

TOWN CLERK

 

APPROVED THIS _______DAY OF ____________________, 2007.


2007 AMENDMENT

 

to

 

INTERLOCAL AGREEMENT

 

between

 

BROWARD COUNTY

 

and

 

Town of Davie

 

providing for

 

DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE

 

            This 2007 Amendment to Interlocal Agreement made and entered into by and between:  BROWARD COUNTY, a political subdivision of the state of Florida, hereinafter referred to as "COUNTY,"

 

AND

 

            Town of Davie, a municipal corporation, existing under the laws of the state of Florida, hereinafter referred to as "MUNICIPALITY."

 

            IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth and pursuant to the authorization of paragraph (1)(b)(2) of Section 336.025, Florida Statutes, the COUNTY and MUNICIPALITY agree as follows:

 

1.         Paragraph 2 of the Interlocal Agreement, as previously amended, is hereby amended to read as follows:

 

2.         Forty-eight and Seventy-four One-hundredths percent (48.74%) of the total proceeds from the Broward County Additional Local Option Gas Tax on Motor Fuel Ordinance shall be distributed to the COUNTY and the remaining Fifty-one and Twenty-six One-hundredths percent (51.26%) of the total proceeds shall be divided among and distributed to the eligible municipalities within the COUNTY as follows:

 

Population of Individual Municipality  x  51.26% =

Total Incorporated Area Population    

 

Recipient

FY 2008 Percent
Share of Proceeds

Coconut Creek

1.426892%

Cooper City

0.886061%

Coral Springs

3.829121%

Dania

0.843579%

Davie

2.648051%

Deerfield Beach

2.233484%

Fort Lauderdale

5.194594%

Hallandale

1.058913%

Hillsboro Beach

0.065997%

Hollywood

4.233023%

Lauderdale-by-the-Sea

0.172261%

Lauderdale Lakes

0.950109%

Lauderhill

1.972714%

Lazy Lake

0.001211%

Lighthouse Point

0.321981%

Margate

1.634633%

Miramar

3.259162%

North Lauderdale

1.228486%

Oakland Park

1.253390%

Parkland

0.658586%

Pembroke Park

0.169573%

Pembroke Pines

4.484103%

Plantation

2.507873%

Pompano Beach

2.986812%

Sea Ranch Lakes

0.021566%

Southwest Ranches

0.219056%

Sunrise

2.649026%

Tamarac

1.750645%

Weston

1.820660%

West Park

0.407801%

Wilton Manors

0.370637%

Total Incorporated

51.260000%

 

 

2.         Paragraph 3 of the Interlocal Agreement, as previously amended, is hereby amended to read:

 

3.         The population figures set out herein are based on the figures contained in the document referred to as the "Florida Estimates of Population," published on an annual basis by the Bureau of Economics and Business Research, Population Division, University of Florida.  The population figures to be utilized in the formula described in Paragraph 2 of this Interlocal Agreement, for the division and distribution of the proceeds from the Broward County Additional Local Option Gas Tax on Motor Fuel Ordinance, shall be adjusted annually based on the current "Florida Estimates of Population."

 

For the purpose of this Agreement, the following population figures are hereby agreed upon:

                                                                       

Recipient

FY 2008 Population

Coconut Creek

48,300

Cooper City

29,993

Coral Springs

129,615

Dania

28,555

Davie

89,636

Deerfield Beach

75,603

Fort Lauderdale

175,836

Hallandale

35,844

Hillsboro Beach

2,234

Hollywood

143,287

Lauderdale-by-the-Sea

5,831

Lauderdale Lakes

32,161

Lauderhill

66,776

Lazy Lake

41

Lighthouse Point

10,899

Margate

55,332

Miramar

110,322

North Lauderdale

41,584

Oakland Park

42,427

Parkland

22,293

Pembroke Park

5,740

Pembroke Pines

151,786

Plantation

84,891

Pompano Beach

101,103

Sea Ranch Lakes

730

Recipient

FY 2008 Population

Southwest Ranches

7,415

Sunrise

89,669

Tamarac

59,259

Weston

61,629

West Park

13,804

Wilton Manors

12,546

Total Incorporated

1,735,141

 

 

Unincorporated Area

18,021

 

 

Total County

1,753,162

           

 

3.         This 2007 Amendment to Interlocal Agreement shall become effective on the date last executed by the parties hereto provided that those eligible municipalities representing a majority of the incorporated area population and Broward County have executed this Interlocal Agreement prior to June 1, 2007.

 

4.         In the event this 2007 Amendment to Interlocal Agreement or a portion of this 2007 Amendment to Interlocal Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless COUNTY or MUNICIPALITY elects to terminate this Agreement.  The election to terminate this Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final.

 

5.         Except to the extent amended, the Agreement shall remain in full force and effect.  In the event of any conflict between the terms of this 2007 Amendment and the Agreement and/or any prior Amendment to the Agreement, the parties hereby agree that this document shall control.

 

6.         This 2007 Amendment to Interlocal Agreement may be executed in several counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one and the same instrument.

 

 

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            IN WITNESS WHEREOF, the parties have made and executed this 2007 Amendment to the Interlocal Agreement on the respective dates under each signature:  BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Mayor or Vice Mayor, authorized to execute same by Board action, and MUNICIPALITY, signing by and through its Mayor-Commissioner, duly authorized to execute same.

 

COUNTY

 

ATTEST:                                                                     BROWARD COUNTY, through its

                                                                                    BOARD OF COUNTY COMMISSIONERS

 

______________________________

County Administrator and         Ex-Officio                    By _____________________________

Clerk of the Board of County                                                                            Mayor

Commissioners of Broward County,

Florida                                                             ____ day of ________________, 2007.

 

                                                                                    Approved as to form by

                                                                                    Office of County Attorney

                                                                                    Broward County, Florida

                                                                                    Jeffrey J. Newton, County Attorney

                                                                                    Governmental Center, Suite 423

                                                                                    115 South Andrews Avenue

                                                                                    Fort Lauderdale, Florida 33301

                                                                                    Telephone:   (954) 357-7600

                                                                                    Telecopier:  (954) 357-6968

 

 

                                                                                    By ___________________________

                                                                                                Al A. DiCalvo

                                                                                                Assistant County Attorney

 


2007 AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND TOWN OF DAVIE PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE.

 

 

MUNICIPALITY

 

WITNESSES:                                                  Town of Davie

 

 

_________________________                                  By _____________________________

                                                                                                Mayor

 

 

_________________________                                  ____ day of ________________, 2007.

 

ATTEST:

 

 

By ______________________                                   ________________________________

            Town Clerk                                                                  Town Administrator

 

                                                                                    ____ day of ________________, 2007.

 

            (CORPORATE SEAL)

                                                                                    APPROVED AS TO FORM:

 

                                                                                    By _____________________________

                                                                                                Town Attorney

 

 

 

 

 

 

 

 

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3.11

APPROVAL OF CONSENT AGENDA

May 16, 2007

TOWN OF DAVIE

TOWN COUNCIL AGENDA REPORT

 

 

TO:                             Mayor and Councilmembers

 

FROM/PHONE:        Mark Alan, Director of Human Resources Management (954) 797-1169

 

PREPARED BY:       Mark Alan, Director of Human Resources Management

 

SUBJECT:                 Health Insurance Consultant Services Agreement

 

AFFECTED DISTRICT:         not applicable

 

ITEM REQUEST:                

 

TITLE OF AGENDA ITEM:  A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE TOWN OF DAVIE TO ENTER INTO AN AGREEMENT WITH SAPOZNIK INSURANCE & ASSOCIATES, INC. FOR HEALTH INSURANCE CONSULTANT SERVICES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. 

 

REPORT IN BRIEF:     Town Council, during the May 02, 2007, Town Council Meeting, directed staff to negotiate an agreement with Sapoznik Insurance & Associates, Inc. for Health Insurance Consultant Services.  Said agreement and associated resolution is provided under separate cover. 

 

 

PREVIOUS ACTIONS:  not applicable

 

CONCURRENCES:  not applicable

 

 

FISCAL IMPACT: 

 

Has request been budgeted?    

 

Cost is described in agreement

 

        From what account will funds be appropriated?:  Self-Insurance Fund

 

Attachment(s):  

 

            Resolution

            Health Insurance Consultant Services Agreement


 

 

 

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3.12

APPROVAL OF CONSENT AGENDA

May 16, 2007

TOWN OF DAVIE

TOWN COUNCIL AGENDA REPORT

 

TO:                             Mayor and Councilmembers

 

FROM/PHONE:        John A. George, Chief of Police 954-693-8320

 

PREPARED BY:       Angela Rodgers

 

SUBJECT:                 Resolution

 

AFFECTED DISTRICT:         Town Wide

 

ITEM REQUEST:                

 

TITLE OF AGENDA ITEM:  A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE TOWN OF DAVIE AND NOVA SOUTHEASTERN UNIVERSITY FOR COMMUNITY ORIENTED POLICE OFFICERS.

 

REPORT IN BRIEF:     Nova Southeastern University has contracted with the Town of Davie Police Department to provide community oriented policing for their main campus located in Davie.  This contract provided two officers to patrol the NSU main campus providing a variety of law enforcement functions.  This contract has allowed the Police Department to effectively patrol the campus and service both NSU and the student community it embodies.  Both the Town of Davie Police Department and NSU have been pleased with the agreement and wish to renew this contract.  A renewal of this contract will allow for a continuous assignment of the officers who have become very familiar with campus needs and have made their policing assignments more effective. 

 

Per the agreement, Nova Southeastern University will pay an amount to offset the salaries/benefits cost of two (2) assigned officers. This agreement is self renewing commencing October 1.  Representatives from both entities are able to meet to determine changes, increases in staffing or amendments to the contract sixty days prior to the renewal date of October 1.

 

PREVIOUS ACTIONS:  Community oriented police officers have previously been approved for Nova Southeastern University with resolution R-2001-330 and R-2001-352. 

 

CONCURRENCES: 

 

FISCAL IMPACT: 

Has request been budgeted?    

 

Additional Comments:         Revenues will be collected through Town of Davie Finance

                                                Department.

 

RECOMMENDATION(S):  Motion to approve resolution

Attachment(s):  Resolution, Contract


RESOLUTION ______

 

A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE TOWN OF DAVIE AND NOVA SOUTHEASTERN UNIVERSITY FOR COMMUNITY ORIENTED POLICE OFFICERS.

            WHEREAS, Town Council has shown support in the past for the community oriented police officers program; and

            WHEREAS, Nova Southeastern University has committed to provide as outlined in the attached agreement, funding for the use of two community oriented policing officers; and

            WHEREAS, the goals and objectives of Nova Southeastern University are consistent with the Town of Davie Police Department’s philosophy to enhance community policing efforts in the Town of Davie; and

            WHEREAS, the agreement between the Town of Davie and Nova Southeastern University outlines the responsibilities of each agency regarding this program.

 

NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF DAVIE, FLORIDA.

 

            SECTION 1.  The Town Council of the Town of Davie hereby authorizes the Mayor to execute the agreement between the Town of Davie and Nova Southeastern University to utilize community oriented police officers.

            SECTION 2.  Town Council authorizes the Budget and Finance Department to complete and submit all invoices and receive collection of payment.

            SECTION 3.  This resolution shall take effect immediately upon its passage and adoption.

 

PASSED AND ADOPTED THIS                       DAY OF                                 , 2007.

                                        

 

 

                                           ____________________________   

                                                                                                MAYOR/COUNCILMEMBER

 

ATTEST:

                       

                                                                                         

TOWN CLERK

 

APPROVED THIS                       DAY OF                                       , 2007.

Contract is currently being reviewed by Nova Southeastern University.  

The contract will be provided under separate cover.


 

 

                 

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3.13

APPROVAL OF CONSENT AGENDA

May 16, 2007

TOWN OF DAVIE

TOWN COUNCIL AGENDA REPORT

 

 

TO:                             Mayor and Councilmembers

 

FROM/PHONE:        Mark Kutney, Development Services Director/954-797-1101

 

PREPARED BY:       Marcie O. Nolan, Acting Planning and Zoning Manager

 

SUBJECT:                 Resolution

 

AFFECTED DISTRICT:         2

 

ITEM REQUEST:                

 

TITLE OF AGENDA ITEM:  A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE FDOT INTERMODAL DEVELOPMENT PROGRAM ON BEHALF OF NOVA SOUTHEASTERN UNIVERSITY FOR SIGNAGE AND KIOSKS AND AUTHORIZING THE TOWN TO ACT AS THE GOVERNMENTAL SPONSOR FOR SUCH APPLICATION.

 

REPORT IN BRIEF:     Nova Southeastern University (NSU) is seeking grant funding from the Florida Department of Transportation (FDOT) for the second phase of the recently constricted bus transit terminal.   The proposed project includes development and implementation of a signage program throughout the NSU campus.  This program will include entry signs, transit signs, pedestrian signs, and parking signs at strategic locations including entry points to the campus and along public streets such as University Drive, SW 30th Street, and College Avenue.  The Town will be involved with the siting and design of those signs planned to be installed along public rights-of-way.

 

NSU has identified the FDOT Intermodal Design Program as a potential funding source.  Since only public agencies are able to apply for this funding, NSU has requested that the Town act as governmental sponsor for the project and submit the funding request on NSU’s behalf. 

 

NSU is requesting $150,000 from FDOT and will supply a $284,000 match.  If FDOT approves the request, agreements with FDOT and NSU will need to be approved by Council to accept and implement the funding.  The project will also need to go through all appropriate local review processes, such as master signage plan review and building permit review, and permitting.

 

 

PREVIOUS ACTIONS:  N/A

 

CONCURRENCES:  N/A

 

 

FISCAL IMPACT: 

 

Has request been budgeted?    

 

If yes, expected cost: 

 

          Account Name: 

 

If no, amount needed:  $ $150,000

 

        What account will funds be appropriated from: 

 

Additional Comments:  This project has not been budgeted for the current 2006/07 fiscal year as either an expenditure or revenue account and will require a budget adjustment of $150,000 to the Planning and Zoning Grants revenue account number  001-0403-341-08-24 with an equal recognition of $150,000 to Planning and Zoning Contractual Services/Grants account number 001-403-515.03-06 (or other appropriate expenditure account).

 

RECOMMENDATION(S):  Motion to approve subject to the approval of a subagreement between NSU and the Town governing NSU procurement procedures and other administrative activities.

 

Attachment(s):  Resolution, Copy of NSU request to FDOT

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

R-2007-______

 

A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE FDOT INTERMODAL DEVELOPMENT PROGRAM ON BEHALF OF NOVA SOUTHEASTERN UNIVERSITY FOR SIGNAGE AND KIOSKS AND AUTHORIZING THE TOWN TO ACT AS THE GOVERNMENTAL SPONSOR FOR SUCH APPLICATION.

 

 

            WHEREAS, Nova Southeastern University (NSU) wishes to seek funding from the Florida Department of Transportation (FDOT) for design and implementation of a master signage program for the NSU campus; and

 

            WHEREAS, only public agencies may submit applications to the targeted funding program; and

 

            WHEREAS, the Town of Davie desires to assist NSU to secure grant funds for this project by acting as the local governmental sponsor for the application and submitting the funding request on behalf of NSU.

 

 

NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF DAVIE, FLORIDA:

 

            SECTION 1:  The Town Council of the Town of Davie hereby authorizes the Town of Davie to be the governmental sponsor applicant for the NSU master signage program to be funded by the Florida Department of Transportation.

 

            SECTION 2:  The Town Council of the Town of Davie authorizes the Mayor and/or Town Administrator to submit a request for funding on behalf of NSU to the FDOT Intermodal Department Program, for the design and implementation of a master signage plan for the NSU campus.

 

            SECTION 3:  This Resolution shall take effect immediately upon its passage and adoption.

 

PASSED AND ADOPTED THIS _________ DAY OF _____________, 2007.

 

 

                                                            ___________________________

                                                            MAYOR/COUNCILMEMBER

 

ATTEST:

 

__________________

TOWN CLERK

 

APPROVED THIS _________ DAY OF _____________, 2007


 

 

                 

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3.14

APPROVAL OF CONSENT AGENDA

May 16, 2007

TOWN OF DAVIE

TOWN COUNCIL AGENDA REPORT

 

 

TO:                             Mayor and Councilmembers

 

FROM/PHONE:        Mark A. Kutney, AICP, Development Services Director/ (954) 797-1101

 

PREPARED BY:       Ingrid Allen, Planner II

 

SUBJECT:                 Plat, P 11-1-05 / M&U Properties / 8280 Griffin Road  / Generally located on the South side of Griffin Rd between S.W. 82nd Ave and S.W. 83rd Terr.

 

AFFECTED DISTRICT:         2

 

ITEM REQUEST:                

 

TITLE OF AGENDA ITEM:  A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING A PLAT KNOWN AS THE “M & U PROPERTIES” 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.

 

REPORT IN BRIEF:     The petitioner requests approval of the plat known as “M & U Properties”.  The plat consists of 1.727 net acres (75,246 square feet) and is restricted to 25,000 square feet of commercial use.  Access onto the site is provided along Griffin Road.  The proposed plat for commercial use can be considered compatible with both existing and allowable uses on the adjacent properties. To the north is C-11 Canal; to the south is mobile home residential; to the west are warehouses; and to the east is a commercial use.

 

 

PREVIOUS ACTIONS:  None

 

CONCURRENCES:  At the April 11, 2007 Planning and Zoning Board meeting, Mr. Stevens made a motion, seconded by Ms. Turin, to approve P 11-1-05.  (Motion carried 4-0. Vice-Chair McLaughlin abstained).

 

 

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):  Staff finds the subject application complete and suitable for transmittal to Town Council for further consideration subject to the following conditions:

 

1.          Sufficient capacity of the regional road network, as determined by Broward County. In the event that sufficient capacity is not met, the plat shall be deemed denied by the Town of Davie.

 

2.            Provide the Planning and Zoning Division a mylar copy of the plat upon recordation.

 

3.            Enter into a Water & Sewer Service Agreement (prior to Water & Sewer Plan Approval)

 

 

Attachment(s):  Resolution, Planning Report, Plat


RESOLUTION NO. _________

 

A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING A PLAT KNOWN AS THE “M & U PROPERTIES” 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.

           

            WHEREAS, the proposed plat to be known as the “M & U Properties” was considered by the Town of Davie Planning and Zoning Board on April 11, 2007:

 

            NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF DAVIE, FLORIDA:

           

            SECTION 1.  The plat known as the “M & U Properties” is hereby approved subject to the conditions stated on the planning report which is attached hereto as Exhibit “A” and made a part hereof.

 

            SECTION 2.  The Mayor is authorized to sign said plat on behalf of the Town and the Town Clerk is directed to affix the Town seal to said plat.

 

            SECTION 3.  Any improvements required to satisfy Traffic Concurrency should be located within the Town of Davie.

 

            SECTION 4.  This Resolution shall take effect immediately upon its passage and adoption.

 

PASSED AND ADOPTED THIS _____ DAY OF _______________, 2007.

 

 

                                                                                                ___________________________

                                                                                                MAYOR/COUNCILMEMBER

 

Attest:

 

 

______________________                                                                          

TOWN CLERK

 

APPROVED THIS _____ DAY OF _______________, 2007.


Exhibit “A”                                                                                         Revisions:  4/23/07

Application:    P 11-1-05 / M&U Properties                                       Original Report Date: 3/22/07

 

TOWN OF DAVIE

Development Services Department

Planning and Zoning Division

Staff Report and Recommendation

 

 

Applicant Information

 

Petitioner:

Name:             McLaughlin Engineering Co.                

Address:         400 N.E. 3rd Avenue               

City:                Fort Lauderdale, FL 33301                             

Phone: 954-763-7611

 

Owner:

Name:             M&U Properties, LLC

Address:         423 Front Street, 2nd Floor

City:                Key West, FL 33040                          

Phone: 305-294-7906

 

 

Background Information

 

Application History:                           No deferrals have been requested

 

Application Request:             Approval of plat known as “M&U Properties”

 

Address:                                 8280 Griffin Road

 

Location:                                South side of Griffin Rd between S.W. 82nd Ave and S.W. 83rd Terr.

 

Future Land Use

Plan Map Designation:          Commercial                             

 

Existing Zoning:                     B-2, Community Business

 

Existing Use:                          Vacant/ Old commercial building (1 story)

 

Proposed Use:                        Commercial building (2 story)

 

Net Parcel Size:                     1.727 acres (75,246 square feet)

 

Gross Parcel Size:                  2.0 acres (87,136 square feet)

 

                                                                                    Surrounding Land

Surrounding Uses:                                                     Use Plan Map Designations:

North:             C-11 Canal                                          North:             Recreation/Open Space           

South:             Mobile Homes                                      South:             Residential 10 DU/AC

East:               Commercial, Mobile Homes                 East:               Commercial/Residential 10DU/AC

West:              Vacant, Warehouse                              West:              Commercial/Industrial

 

Surrounding Zoning:

North:             RS, Recreation & Open Space

South:             MH-5, Mobile Home Residential District

East:               B-2, Community Business District & MH-5/Mobile Home Residential District

West:              MH-1/Mobile Home Residential District & B-2 Community Business District

 

 

Zoning History

 

Related Zoning History:  No record of any zoning changes

 

Previous Requests on same property:          During the period beginning April 1997 through August 1998, the FDOT, through their Representative Ron Ernest Jones-Engineering, submitted a Cure Plan for consideration by the Town Staff. The FDOT at that time was widening Griffin Road and a Cure Plan represents a proposal of how the impacts of the roadway expansion can be reconciled on a particular property. Since FDOT filed the plan (not the owner), there was no formalized application that was ultimately reviewed and approved for final consideration. However, the Town Staff, as part of the review, issued a letter on August 21, 1998 that indicated its opinion as it related to the Cure Plan proposed by FDOT. A copy of that correspondence is attached for your information (see Exhibit 4).

 

Concurrent requests on same property:       Not applicable.

 

 

Application Details

 

The applicant’s SUBMISSION indicates the following:

 

1.      Site:  The subject site consists of 1.727 net (75,246 square feet).

 

2.      Restrictive Note:  The plat is restricted 25,000 square feet of commercial use.

 

3.      Access: Griffin Road, principal arterial.

 

4.      Trails:  There are no existing or proposed trails adjacent to the site.

 

5.      Easements and Reservation:  No existing easements.

 

6.      Dedications:  There is a 10-foot utility easement proposed along the perimeter of the plat.

 

7.      Drainage:  The subject property lies within Central Broward Water Control District, and approval from this agency has been obtained.

 

8.   Local Concurrency: As required by the Land Development Code, Section 12-323, Adopted Level of Services, building permits shall not be obtained unless there is sufficient available capacity to sustain the level of service for Potable Water, Sanitary Sewer, Transportation, Drainage System, Solid Waste, Recreation, Police and Fire.  The parcel will also need to comply with Broward County’s Transit Oriented Concurrency Standards.

 

9.   Compatibility:  The proposed plat for commercial use can be considered compatible with both existing and allowable uses on the adjacent properties. To the north is C-11 Canal; to the south is mobile home residential; to the west are warehouses; and to the east is a commercial use.

 

 

Applicable Codes and Ordinances

 

Article XII of the Land Development Code, Subdivisions and Site Plans.

 

 

Comprehensive Plan Considerations

 

Planning Area:  The subject property falls within Planning Area 10.  This Planning Area is generally located north of Stirling Road, south of Griffin Road, east of Pine Island Road, and west of SW 76 Avenue.  Pine Island Road, a major north/south arterial, on the western limits of this planning area provides through access from Griffin Road to Stirling Road.  Commercial development of retail centers and office buildings line the University Drive corridor.  Commercial development also exists along Griffin Road within this planning area. 

 

Broward County Land Use Plan:  The subject site falls within Flexibility Zone 102

Applicable Goals, Objectives & Policies: 

Future Land Use Plan, Objective 5: Consistency of Development with Comprehensive Plan, Policy 5-2: The (re)zoning, (re)platting, and site planning of land shall be in compliance with the density ranges shown on the Davie Future Land Use Plan map and the applicable Future Land Use Designation provisions as contained in the Permitted Uses portion of the Implementation Section.

 

Future Land Use Plan, Policy Group 7: Commercial Use, Policy 7-1: The Town shall endeavor to expand its economic base through expansion of the commercial sector its economy.

 

Future Land Use Plan, Policy Group 7: Commercial Use, Policy 7-4: Commercial land uses shall generally be located with access to primary transportation facilities including interstates, highways and arterials. Commercial uses located on arterials not designated by the Future Land Use Map as commercial corridors should be limited to the intersection of two arterials or arterials and interstates. Consistent with Policy 7-1, vacant land with such access shall be evaluated for potential commercial use.

 

Future Land Use Plan, Objective 17: Land Use Compatibility and Community Appearance, Policy 17-3: Each development proposal shall be reviewed with respect to its compatibility with adjacent existing and planned uses.

 

Significant Development Review Committee (DRC) Comments

 

These following comments represent significant comments made by the Development Review Committee as part of the review process.  All comments have been addressed unless otherwise indicated.

 

 

Utilities Department: 

1.      Enter into Water & Sewer Service Agreement (must be executed prior to water and sewer plan approval.)

 

Engineering:

1.      Provide 10-foot utility agreement on south limits of plat.

 

 


Staff Analysis

 

The subject site was originally platted according to the Newman Survey as recorded in Plat Book 2, Page 26 of the public records of Dade County, Florida.  The proposed “M&U properties” plat is required by Broward County since the petitioner desires to demolish the existing one-story commercial building and replace it with a larger two-story commercial building.  The proposed plat is consistent with the Comprehensive Plan and Land Development Code as it relates to access, location, size, and use. Development as this site as proposed does not exceed what was anticipated by the Future Land Use Map designation. Broward County requires that the owner pay Transit Oriented Concurrency Fees to mitigate the peak hour traffic impact of the plat.

 

 

Findings of Fact

 

Staff finds that the plat is in conformance with all applicable Codes and Ordinances. The proposed use can be considered compatible with the surrounding properties.

 

 

Staff Recommendation

 

Staff finds the subject application complete and suitable for transmittal to the Planning and Zoning Board and Town Council for further consideration.  In addition, the following conditions shall be met:

 

1.      Sufficient capacity of the regional road network, as determined by Broward County. In the event that sufficient capacity is not met, the plat shall be deemed denied by the Town of Davie.

 

2.   Provide the Planning and Zoning Division a mylar copy of the plat upon recordation.

 

3.    Enter into a Water & Sewer Service Agreement (prior to Water & Sewer Plan Approval)

 

 

Planning and Zoning Board Recommendation

 

At the April 11, 2007 Planning and Zoning Board meeting, Mr. Stevens made a motion, seconded by Ms. Turin, to approve P 11-1-05.  (Motion carried 4-0. Vice-Chair McLaughlin abstained).

 

 

Town Council Action

 

 

 

 

 

Exhibits

 

1.      Future Land Use Plan Map

2.      Zoning and Aerial Map

3.      Conceptual site plan

4.      Cure Plan Letter

5.      Plat

 

 

Prepared by: _____                                                                  Reviewed by: _____





 

 

3.15

APPROVAL OF CONSENT AGENDA

May 16, 2007

TOWN OF DAVIE

TOWN COUNCIL AGENDA REPORT

 

 

TO:                             Mayor and Councilmembers

 

FROM/PHONE:        Mark A. Kutney, AICP, Development Services Director / (954) 797-1101

 

PREPARED BY:       David M. Abramson, Acting Deputy Planning and Zoning Manager

 

SUBJECT:                 Plat Application, P 6-3-06/06-79/Rountree Plat/Generally located on the northeast corner of Oakes and Burris Road

 

AFFECTED DISTRICT:         District 1

 

ITEM REQUEST:                

 

TITLE OF AGENDA ITEM:  A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING A PLAT KNOWN AS THE “ROUNTREE PLAT” 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.

 

REPORT IN BRIEF:     The petitioner requests approval of the plat known as the “Rountree.”  The subject site consists of 6.61 acres (288,083 square feet) and restricted to 3,000 square feet of office 40,280 square feet of industrial use (15,280 square feet existing and 25,000 square feet proposed).  The proposed plat provides vehicular access onto the subject site off Oaks and Burris Road.  There are two (2) access points off Oaks Road located along the southern boundary line.  There are two (2) access points off Burris Road located along the western boundary line.

 

The proposed “Rountree Plat” is required since the petitioner desires to construct additional structures on the subject site.  The subject site was originally platted according to the Newman Survey as recorded in Plat Book 2, Page 26 of the public records of Dade County, Florida.  This proposed plat is consistent and does not exceed what was anticipated in the Comprehensive Plan as it was intended industrial uses.  The traffic generated by this development can be accommodated by an abutting roadway (Oaks Road). 

 

Staff finds that the proposed “Rountree Plat” is in accordance with the Comprehensive Plan and Land Development Code as it relates to access, location, and size.  The proposed additional industrial uses may be considered compatible with existing and future uses with surrounding properties.

 

 

PREVIOUS ACTIONS:  None

 

CONCURRENCES:  At the April 11, 2007 Planning and Zoning meeting, Mr. Stevens made a motion, seconded by Ms. Turin, to approve plat application, P 6-3-06/Rountree. (Motion carried 4-0)

 

 

FISCAL IMPACT: 

 

Has request been budgeted?    

RECOMMENDATION(S): 

Staff finds the subject application complete and suitable for transmittal to the Planning and Zoning Board and Town Council for further consideration.  In addition, the following conditions shall be met:

 

  1.  Shall be subject to sufficient capacity of the regional road network as determined by Broward County.  In the event sufficient capacity is not met, the plat shall be deemed denied by the Town of Davie.
  1. Provide the Planning and Zoning Division a Mylar copy of the plat upon recordation.
  1. Contingent upon approval of the following development applications:
    1. Rezoning Application (ZB 6-1-06), Rountree Plat

 

Attachment(s):  Resolution, Planning Report, Plat

 


RESOLUTION NO. _________

 

A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING A PLAT KNOWN AS THE “ROUNTREE PLAT” 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.

 

            WHEREAS, the proposed plat to be known as the “Rountree Plat” was considered by the Town of Davie Planning and Zoning Board on April 11, 2007;

 

NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF DAVIE, FLORIDA:

 

            SECTION 1.  The plat known as the “Rountree Plat” is hereby approved subject to the conditions stated on the planning report which is attached hereto as Exhibit “A” and made a part hereof.

 

            SECTION 2.  The Mayor is authorized to sign said plat on behalf of the Town and the Town Clerk is directed to affix the Town seal to said plat.

 

            SECTION 3.  Any improvements required to satisfy Traffic Concurrency should be located within the Town of Davie.

 

            SECTION 4.  This Resolution shall take effect immediately upon its passage and adoption.

 

 

PASSED AND ADOPTED THIS _____ DAY OF _______________, 2007.

 

 

 

                                                                                                ___________________________

                                                                                                MAYOR/COUNCILMEMBER

 

Attest:

 

 

______________________

TOWN CLERK

 

APPROVED THIS _____ DAY OF _______________, 2007.


Exhibit “A”

Application:    P 6-3-06/06-79/Rountree Plat

Original Report Date:  4/2/07                                                           Revision(s):  4/16/07

TOWN OF DAVIE

Development Services Department

Planning & Zoning Division

Staff Report and Recommendation

Applicant Information

Owner:

Name:             Ray Parker

                        200 Harvard Corp.

Address:         810 Northeast 20th Avenue

City:                Fort Lauderdale, Florida 33304

Phone: (954) 768-0274

 

Petitioner:

Name:             Linda Strutt

                        Linda Strutt Consulting, Inc.

Address:         227 Goolsby Boulevard

City:                Deerfield, Florida 33442

Phone:             (954) 426-4305

Background Information

 

Application Request:             Approval of the plat known as the “Rountree Plat”

 

Location:                                Generally located on the northeast corner of Oakes and Burris Road

 

Future Land

Use Plan Map:                       Industrial

Existing Zoning:                     M-3, Hacienda Village

Proposed Zoning:                   M-3, Planned Industrial Park

Existing Use(s):                      Industrial Use

Parcel Size:                             6.61 Acres (288,083 square feet)

Proposed Use(s):                    Additional structures for existing industrial use of property

 

Surrounding Land     

Surrounding Use(s):                                                                           Use Plan Map Designation(s):

North:             Industrial Use                                                              Industrial

South:             Industrial Use   (Alder Oaks & McKenzie Tank Line)  Industrial

East:               Industrial Use   (F Group & United Davie)                 Industrial

West:              Industrial Use   (Dixie Southland & Ryder Rental)      Industrial

 

Surrounding Zoning(s):

North:             M-3, Hacienda Village

South:             M-3, (County)

East:               M-3, Hacienda Village

West:              M-3, Hacienda Village


Zoning History

 

Related Zoning History:

 

Previous Request(s) on same property:  n/a

 

Concurrent Request on same property:

Rezoning Application (ZB 6-1-06), the petitioner requests to rezone the approx. 6.61 acre subject site from: M-3, Hacienda Village to: M-3, Planned Industrial Park.

Application Details

 

The applicant’s SUBMISSION indicates the following:

 

  1. Site:  The subject site consists of 6.61 Acres (288,083 square feet).

 

  1. Restrictive Note:  The proposed plat is restricted to 3,000 square feet of office 40,280 square feet of industrial use (15,280 square feet existing and 25,000 square feet proposed)

 

  1. Access:  The proposed plat provides vehicular access onto the subject site off Oaks and Burris Road.  There are two (2) access points off Oaks Road located along the southern boundary line.  There are two (2) access points off Burris Road located along the western boundary line.

 

  1. Trails:  There are no existing or proposed trails adjacent to the proposed plat.

 

  1. Easements and Reservation:  The following easements are proposed by this plat:
    1. Five (5) foot right-of-way easement along the southern boundary line.
    2. Twenty-five (25) foot drainage easement along the eastern boundary line.

 

  1. Dedications:  There are no dedications associated with this proposed plat.

 

  1. Drainage:  Approval from the appropriate water control district shall be obtained prior to issuance of any site development permit.

 

  1. Local Concurrency:  As required by the Land Development Code, Section 12-323, Adopted Level of Services, building permits shall not be obtained unless there is sufficient available capacity to sustain the level of service for Potable Water, Sanitary Sewer, Transportation, Drainage System, Solid Waste, Recreation, Police and Fire.

 

  1. Compatibility:  The proposed plat for additional industrial uses is considered compatible with both existing and allowable uses on and adjacent to this property.  The proposed additional industrial use is consistent with the Town of Davie Comprehensive Plan and Land Development Code as it relates to access, location, and size.

Applicable Codes and Ordinances

 

The effective Code of Ordinances governing this project is the Town of Davie Land Development Code.

 

Article XII Subdivisions and Site Plans.

 

Land Development Code (Section 12-360(B)(1)) platting requirements. 

 

Land Development Code (Section 12-366.1 (A) thru (D)) submission requirements for plats.

 

Land Development Code, Article XII of the Land Development Code, Subdivisions and Site Plans.

 

Land Development Code (Section 12-24), (I) (9) Planned Industrial Park (M-3) District, The M-3 District is intended to implement the industrial classification of the Town of Davie Comprehensive Plan by providing for planned industrial parks which can accommodate light, medium or selected heavier industrial uses in an open, uncrowded and attractive manner through limitations on setbacks and coverage. M-3 districts are not intended for locations abutting residential property. 

 

Land Development Code (Section 12-83) Conventional Non-Residential Development Standards, Minimum parcel requirements, Minimum lot area:  43,560 sq. ft., Minimum Lot Frontage/Width:  150 ft., Minimum Lot Depth: n/a, Maximum building height: 35 ft., Maximum building coverage: 40%, Minimum open space: 20%, Building setbacks: (g): twenty-five (25) feet from all street lines; fifty (50) feet from property lines adjacent to areas zoned, occupied or Land Use Plan designated residential; ten (10) feet from property lines adjacent to areas zoned, occupied or Land Use Plan designated for nonresidential uses; two hundred (200) feet from all property lines for the manufacture, storage or processing of concrete, cement and lime, and for heavy manufacturing, fabrication and industrial uses.

Comprehensive Plan Considerations

 

Planning Area:

The subject property falls within Planning Area 6.  Planning Area 6 includes lands located south of State Road 84, east of University Drive and north of Nova Drive, together with lands located east of the Florida Turnpike and west of State Road 7, south of State Road 84 and north of the south Town limits.  The majority of this planning area is industrially zoned and land used plan designated.  There are small commercial parcels along the State Road 7 corridor with one large retail center being located on the southeast corner of University Drive and State Road 84.  Commercial flexibility has been applied to parcels on Nova Drive.

 

Broward County Land Use Plan:

The subject site falls within Flexibility Zone 58.

 

Applicable Goals, Objectives & Policies:


 

These following comments represent significant comments made by the Development Review Committee as part of the review process.  All comments have been addressed unless otherwise indicated.

 

Planning and Zoning Division:

  1. Proposed restriction note shall be amended on plat.  

 

Engineering Division:

  1. Show proposed points of access to the traffic way.

Staff Analysis

 

The proposed “Rountree Plat” is required since the petitioner desires to construct additional structures on the subject site.  The subject site was originally platted according to the Newman Survey as recorded in Plat Book 2, Page 26 of the public records of Dade County, Florida.  This proposed plat is consistent and does not exceed what was anticipated in the Comprehensive Plan as it was intended industrial uses.  The traffic generated by this development can be accommodated by an abutting roadway (Oaks Road).  Additionally, the plat meets the Land Development Code as it relates to lot size, width, depth, and intent.

Staff Findings of Fact

 

Staff finds that the proposed “Rountree Plat” is in accordance with the Comprehensive Plan and Land Development Code as it relates to access, location, and size.  The proposed additional industrial uses may be considered compatible with existing and future uses with surrounding properties.

Staff Recommendation

 

Staff finds the subject application complete and suitable for transmittal to the Planning and Zoning Board and Town Council for further consideration.  In addition, the following conditions shall be met:

 

  1.  Shall be subject to sufficient capacity of the regional road network as determined by Broward County.  In the event sufficient capacity is not met, the plat shall be deemed denied by the Town of Davie.
  1. Provide the Planning and Zoning Division a Mylar copy of the plat upon recordation.
  1. Contingent upon approval of the following development applications:
    1. Rezoning Application (ZB 6-1-06), Rountree Plat

Planning and Zoning Board Recommendation

 

At the April 11, 2007 Planning and Zoning meeting, Mr. Stevens made a motion, seconded by Ms. Turin, to approve plat application, P 6-3-06/Rountree. (Motion carried 4-0)

Town Council Action

 

 

Exhibits

 

  1. Future Land Use Plan Map
  1. Zoning and Aerial Map

 

Prepared by: _____                                                                                                      Reviewed by: _____

 

File Location: P&Z\David Abramson\Applications\P_Plat\P_06\P 6-3-06 Rountree Industrial


Exhibit 1 (Future Land Use Plan Map)


Exhibit 2 (Aerial, Zoning, and Subject Map)


 

 

                 

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5.1

PUBLIC HEARING

May 16, 2007

TOWN OF DAVIE

TOWN COUNCIL AGENDA REPORT

 

 

TO:                             Mayor and Councilmembers

 

FROM/PHONE:        Mark Kutney, Development Services Director

 

 

PREPARED BY:       Marcie Nolan, Acting Planning and Zoning Manager

 

SUBJECT:                 Ordinance of the Town of Davie amending the Town Code of Ordinances

 

AFFECTED DISTRICT:         Townwide