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