JUNE 20, 2007

6:30 PM

 

 

1.         PLEDGE OF ALLEGIANCE

 

2.         ROLL CALL

 

3.         PRESENTATIONS

3.1          Marina Mile Association - Margaret Croxton, Executive Director

3.2          Vehicle Access in the Everglades Preservation Area - Matthew Schwartz, Sierra Club

3.3          Pirtle Construction “Green” Headquarters - Bill Ellis, Assistant Vice-President

3.4          Green Building Concepts - Jeff Evans Associates, P.A.

3.5          Leadership in Energy and Environmental Design (LEED) - US Green Building Council

            3.6          Airport Legal Counsel

 

4.         APPROVAL OF CONSENT AGENDA

Minutes

4.1          April 18, 2007 (Regular Meeting)

4.2          May 2, 2007 (Regular Meeting)

 

Home Business Tax Receipt

4.3          Joan Maurer Real Estate, 10741 SW 51 Street

 

Resolutions

4.4          DISASTER RECOVERY SERVICES - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, SELECTING THE FIRM OF BERGERON EMERGENCY SERVICES, INC. TO PROVIDE SECONDARY DISASTER RECOVERY SERVICES AND AUTHORIZING THE TOWN ADMINISTRATOR OR HIS DESIGNEE TO NEGOTIATE AN AGREEMENT FOR SUCH SERVICES.  (tabled from June 6, 2007)

 

4.5          BID - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, ACCEPTING THE BIDS FROM WEEKLEY ASPHALT PAVING, INC. AND GENERAL ASPHALT CO., INC.  FOR ASPHALT OVERLAY.  (tabled from June 6, 2007)

 

4.6          BID - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, ACCEPTING THE BIDS FOR ATHLETIC EQUIPMENT.

 

4.7          BOARD - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, CREATING THE CHARTER REVIEW BOARD, WHICH IS CREATED FOR THE PURPOSE OF REVIEWING THE CHARTER OF THE TOWN OF DAVIE AND MAKING RECOMMENDATIONS TO THE TOWN COUNCIL; AND PROVIDING AN EFFECTIVE DATE.


4.8          CHANGE ORDER - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE CHANGE ORDER #10 WITH SELDIN CONSTRUCTION, INC. TO CHANGE THE CONTRACTED SCOPE OF WORK AS DESCRIBED IN THE ATTACHED CHANGE ORDER #10.  (increase of $56,251)

 

4.9          CONTRACT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH CPZ ARCHITECTS, INC. FOR MISCELLANEOUS ARCHITECTURAL SERVICES.

 

4.10        SUPPORTING PURCHASE - A  RESOLUTION  OF  THE  TOWN OF  DAVIE, FLORIDA, SUPPORTING  BROWARD COUNTY'S EFFORTS TO PURCHASE 1.3 ACRES  OF  VACANT  OPEN  SPACE, OTHERWISE KNOWN AS THE PINE ISLAND RIDGE ADDITION, CONSERVATION LAND SITE 403B; AND PROVIDING FOR AN EFFECTIVE DATE.

 

4.11        MODIFICATION - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, TO REQUEST A MODIFICATION OF BROWARD COUNTY LAND USE PLAN FLEXIBILITY ZONE BOUNDARIES BETWEEN FLEXIBILITY ZONES 101 AND 102 IN ACCORDANCE WITH THE BROWARD COUNTY LAND USE PLAN AND THE ADMINISTRATIVE RULES DOCUMENT: BROWARD COUNTY LAND USE PLAN; AND PROVIDING FOR AN EFFECTIVE DATE.

 

4.12        AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA AUTHORIZING THE MAYOR AND THE TOWN ADMINISTRATOR TO ENTER INTO AN AGREEMENT BETWEEN THE TOWN OF DAVIE AND THE FLORIDA DEPARTMENT OF TRANSPORTATION TO CONSTRUCT A FEDERALLY FUNDED MASTER SIGNAGE PLAN BY THE TOWN OF DAVIE; TO ACKNOWLEDGE SUCH APPROVAL BY AFFIXING THEIR SIGNATURES TO SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE.

 

4.13        AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, RATIFYING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE TOWN OF DAVIE AND THE DAVIE PROFESSIONAL FIREFIGHTERS, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL 2315; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

4.14        FIRE MANAGEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, SETTING FORTH CERTAIN BENEFITS FOR FIRE MANAGEMENT BATTALION CHIEF, FIRE INSPECTOR SUPERVISOR, FIRE MARSHAL, ASSISTANT FIRE CHIEF AND DEPUTY FIRE CHIEF; PROVIDING FOR IMPLEMENTATION AND AN EFFECTIVE DATE.

 

Quasi-Judicial Consent Agenda

4.15        SP 12-05-06, Forest Lawn Funeral Home, 6530 State Road 84 (B-2) Site Plan Committee recommended approval subject to staff’s recommendations

 


4.16        MSP 7-1-06, The Colonnades @ University/New Dawn Davie, 5500-5550 South University Drive (CC) Site Plan Committee recommended approval subject to the staff report and the following items:  1) clarify the parking deck locations on the colored site plan before it is presented to the Town Council; 2) hire a certified arborist to evaluate each tree for its assessed value before it is removed, which will be presented to staff and the total amount to be paid into the tree preservation fund or plant trees of the same value throughout the Town under staff’s supervision; 3) tree mitigation must be completed before a clearing and grubbing permit is issued; and 4) include ‘T’ turn-arounds at the dead ends on each parking deck

 

4.17        SPM 4-2-07, Rick Case Smart Dealership, 3500 Weston Road (BP) Site Plan Committee recommended approval subject to staff’s report and the following provisions:  1) that the applicant install a temporary landscape buffer to meet with staff’s approval on the future development area behind the building and that the landscaping would be removed or relocated when the future development area was developed; 2) connect the sidewalk along the front of the building to the vehicle display area on the southwest corner of the property; 3) adjust site plan lighting to make the foot-candle levels consistent with the adjacent Hyundai Dealership; and 4) to make a note on the approval that if the parcel is ever sold to a separate ownership, a dumpster site must be added

 

5.         DISCUSSION OF CONSENT AGENDA ITEMS

 

6.         PUBLIC HEARING

Ordinances - Second and Final Reading

6.1          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 June 6, 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.” {Approved on First Reading May 16, 2007.  All voted in favor.}

 

6.2          CODE AMENDMENT - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE, CHAPTER 12, ARTICLE VIII, SIGNS, LIGHTING, DIVISION 1, SIGNS, SECTION 12-243, DETAILED SIGNS REGULATIONS, D) TEMPORARY SIGNS, 2) REAL ESTATE SIGNS, d) OPEN HOUSE SIGNS; TO PROVIDE FOR RESIDENTIAL TRANSITORY SIGNS FOR ONE DAY ACTIVITIES; PROVIDING FOR INCLUSION IN THE TOWN CODE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.  {(Local Planning Agency approved subject to 1) remove the text which stated “which may be displayed for one (1) day only;” 2) that subsection 5 be deleted; and 3) amend subsection 4 to include after “…the same calendar day, but no later than 9:00 p.m., and if not, the signs may be removed by the Town{Approved on First Reading June 6, 2007.  All voted in favor.}

 

6.3          CODE AMENDMENT - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE, CHAPTER 12, ARTICLE XIII, SPECIAL PLANNING AREAS AND DISTRICTS, ADDING DIVISION 5, UNITED RANCHES; ACKNOWLEDGING THE ANNEXATION AGREEMENT SPECIFYING THAT BROWARD COUNTY ZONING CLASSIFICATIONS, RULES AND REGULATIONS ARE TO REMAIN IN EFFECT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.  {Approved on First Reading June 6, 2007.  All voted in favor.}

 

Resolutions

6.4          AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE MAYOR AND APPROPRIATE TOWN OFFICIALS TO EXECUTE THE PURCHASE AND SALE AGREEMENT WITH HARRY WAYNE BATTEN FOR THE PROPERTY KNOWN AS BATTEN'S FARM; AND PROVIDING FOR AN EFFECTIVE DATE.  ($4,000,000; Town’s share - $2,040,377)

 

6.5          AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE MAYOR AND APPROPRIATE TOWN OFFICIALS TO EXECUTE THE PURCHASE AND SALE AGREEMENT WITH PAMELA PELKEY-ROSE AND MARCO ROSE FOR THE PROPERTY KNOWN AS SUNNY LAKE EXPANSION; AND PROVIDING FOR AN EFFECTIVE DATE.  ($830,000; Town’s share - $423,527)

 

Ordinance - First Reading (Second and Final Reading to be held July 18, 2007)

6.6          CODE AMENDMENT - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, AMENDING GARBAGE AND REFUSE, CHAPTER 9, ARTICLE II., COLLECTION AND REMOVAL, SECTION 9-25 RECEPTACLE REQUIREMENTS; THE LAND DEVELOPMENT CODE, CHAPTER 12, ARTICLE III, USE REGULATIONS, DIVISION 2, GENERAL REGULATIONS, SECTION 12-33, GENERAL REGULATIONS ADDING SUBTITLE (JJ) DUMPSTER ENCLOSURES; ARTICLE VI, SITE LANDSCAPING, SECTION 12-111, MINIMUM LANDSCAPING REQUIREMENTS FOR OUTDOOR EQUIPMENT OR FACILITIES; PROVIDING FOR INCLUSION IN THE TOWN CODE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.  (tabled from June 6, 2007) (Local Planning Agency approved subject to 1) remove the text which stated “which may be displayed for one (1) day only;” 2) that subsection 5 be deleted; and 3) amend subsection 4 to include after “…the same calendar day, but no later than 9:00 p.m., and if not, the signs may be removed by the Town

 

Item to be tabled

6.7          STAFF REQUESTING A TABLING TO JULY 18, 2007

               AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, CREATING  ARTICLE IV COST RECOVERY, SECTION 24-100 USER FEES FOR DEPLOYMENT OF PUBLIC SERVICES OF THE TOWN OF DAVIE CODE OF ORDINANCES; ESTABLISHING AND IMPLEMENTING A PROGRAM TO IMPOSE AND COLLECT USER FEES FOR THE DEPLOYMENT OF PUBLIC SAFETY SERVICES RENDERED BY THE TOWN OF DAVIE FOR MOTOR VEHICLE ACCIDENT SERVICES; PROVIDING DIRECTIONS TO THE CODIFIER; AND PROVIDING AN EFFECTIVE DATE.

 

7.         APPOINTMENTS

7.1          Mayor Truex

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

 

7.1.2       Open Space Advisory Committee (one exclusive appointment - term expires April 2008)

 

7.1.3       Parks and Recreation Advisory Board (one exclusive appointment - term expires April 2008) (members should have a concern with or an interest in the park facilities and recreational needs of the citizens of the Town)

 

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

 

7.1.5       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)

 


7.2          Councilmember Starkey

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

 

7.3          Councilmember Luis

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

 

7.4          Charter Review Board (two exclusive appointments per Councilmember)

 

7.5          Unsafe Structures Board (two non-exclusive appointments; terms expire April 2009) (members shall be permanent resident or have their principal place of business within the Town's jurisdiction) (one appointment shall be a plumbing contractor and one appointment shall be a real estate property manager)

 

8.         OLD BUSINESS

8.1          Update Regarding "Affordable" Component for Development Application CMSP 9-2-05, Saddle Bridge

8.2          Town Administrator Evaluation

8.3          Town Attorney Selection Process

 

9.         NEW BUSINESS

 

10.       MAYOR/COUNCILMEMBER’S COMMENTS

 

11.       TOWN ADMINISTRATOR’S COMMENTS

 

12.       TOWN ATTORNEY’S COMMENTS

 

13.       ADJOURNMENT

 

ANY PERSON WISHING TO APPEAL ANY DECISION MADE BY THIS BOARD OR COMMITTEE WITH RESPECT TO ANY MATTER CONSIDERED AT SUCH MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS, AND, FOR SUCH PURPOSES, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS MADE.

 

Persons with disabilities requiring accommodations in order to participate should contact the Town Clerk at 954-797-1023 at least five business days prior to the meeting to request such accommodations.  If you are hearing or speech impaired, please contact the Florida Relay Service by using the following numbers: 1-800-955-8700 (voice) or 1-800-955-8771 (TDD).


4.1

APPROVAL OF CONSENT AGENDA

June 20, 2007

TOWN OF DAVIE

TOWN COUNCIL AGENDA REPORT

 

 

TO: