JULY 18, 2007
7:00 PM
1. PLEDGE
OF ALLEGIANCE
2. ROLL CALL
3. OPEN
PUBLIC MEETING
4. APPROVAL
OF CONSENT AGENDA
Minutes
4.1 May 15, 2007 (Goal Setting
Session)
4.2 May 16, 2007 (Workshop
Meeting)
4.3 May 16, 2007 (Regular
Meeting)
4.4 June 4, 2007 (Workshop
Meeting)
4.5 June 18, 2007 (Workshop
Meeting)
Home Business Tax Receipts
4.6 Absolute
Rehabilitation Corp., 13163 SW 16 Street
4.7 Bella
Mujer Swimwear, 11501 SW 9 Street
4.8 South
Florida Staffing Solutions, Inc., 13163 SW 16 Street
Resolutions
4.9 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.
(tabled from June 20, 2007)
4.10 AIRPORT
OPPOSITION - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, OPPOSING THE RATIFICATION OF ITEM NUMBER 1A, THE
EXPANSION OF THE SOUTH RUNWAY TO 8,000 FEET AT THE FT LAUDERDALE-HOLLYWOOD
INTERNATIONAL AIRPORT, ON JUNE
5, 2007, BY THE BROWARD COUNTY BOARD OF COMMISSIONERS.
4.11 CONTRACT EXTENSION - A RESOLUTION OF THE
TOWN OF DAVIE, FLORIDA, APPROVING AN EXTENSION TO THE CONTRACT BETWEEN THE TOWN
AND ASHBRITT ENVIRONMENTAL SERVICES, INC.
FOR DISASTER RECOVERY DEBRIS REMOVAL SERVICES. (not budgeted - FEMA reimbursement)
4.12 CONTRACT - A RESOLUTION OF THE TOWN OF DAVIE,
FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE A
CONTRACT WITH BERGERON EMERGENCY SERVICES, INC. FOR DISASTER RECOVERY SERVICES.
(not
budgeted - FEMA reimbursement)
4.13 AGREEMENT - A RESOLUTION OF THE TOWN OF
DAVIE, FLORIDA, AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT BETWEEN THE
ARCHDIOCESE OF MIAMI ST. BERNADETTE'S CHURCH AND
THE TOWN OF DAVIE POLICE DEPARTMENT FOR TRAFFIC CONTROL.
4.14 BID - A
RESOLUTION OF THE TOWN OF DAVIE, FLORIDA,
AWARDING THE BID FOR FILTER MEDIA
REPLACEMENT TO ACCU TEC SYSTEMS, INC. ($128,700)
4.15 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. (cost
dependent upon projects)
4.16 SELECTION OF FIRM - A
RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, SELECTING THE FIRM
OF PROFESSIONAL CONCESSIONS, INC. TO PROVIDE CONCESSIONAIRE SERVICES AT THE
BERGERON RODEO GROUNDS AND AUTHORIZING THE
TOWN ADMINISTRATOR OR HIS DESIGNEE TO NEGOTIATE AN AGREEMENT FOR SUCH SERVICES.
4.17 SELECTION OF FIRM - A
RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, SELECTING THE FIRM
OF BOCA SWIM ACADEMY, INC. TO PROVIDE
AQUATIC PROGRAMMING SERVICES AT PINE ISLAND PARK POOL
AND BETTY BOOTH ROBERTS PARK POOL
AND AUTHORIZING THE TOWN ADMINISTRATOR OR
HIS DESIGNEE TO NEGOTIATE AN AGREEMENT FOR SUCH SERVICES.
4.18 ASSESSMENT
- A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, RELATING TO THE COLLECTION AND
DISPOSAL OF SOLID WASTE IN THE TOWN OF DAVIE, FLORIDA; ESTABLISHING THE
ESTIMATED ASSESSMENT RATE FOR SOLID WASTE
SERVICE ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED WITHIN THE TOWN OF DAVIE,
FLORIDA FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2007 DIRECTING THE PREPARATION OF AN
ASSESSMENT ROLL; AUTHORIZING A PUBLIC
HEARING AND DIRECTING THE PROVISION OF
NOTICE THEREOF; AND PROVIDING AN EFFECTIVE
DATE.
4.19 ASSESSMENT
- A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, RELATING TO THE PROVISION OF FIRE
RESCUE SERVICES, FACILITIES AND PROGRAMS IN
THE TOWN OF DAVIE, FLORIDA; ESTABLISHING THE ESTIMATED ASSESSMENT RATE
FOR FIRE RESCUE ASSESSMENTS FOR THE FISCAL
YEAR BEGINNING OCTOBER 1,
2007; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL;
AUTHORIZING A PUBLIC HEARING AND DIRECTING
THE PROVISION OF NOTICE THEREOF; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
4.20 GREEN BUILDING - A RESOLUTION OF THE TOWN OF
DAVIE, FLORIDA, ENCOURAGING CONSTRUCTING, AND
OPERATING FACILITIES TO MINIMIZE ENVIRONMENTAL IMPACTS BY INCORPORATING THE USE
OF RESOURCES AND ENERGY EFFICIENT MATERIALS,
RENEWABLE RESOURCES, ALTERNATIVE ENERGY SOURCES, WATER CONSERVATION, WASTE
REDUCTION, POLLUTION PREVENTION AND OTHER
STRATEGIC ACTIONS TO PROMOTE
SUSTAINABILITY AND GREEN BUILDING
DESIGN.
4.21 MEMBERSHIP - A
RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, REQUESTING APPROVAL FOR THE TOWN TO
JOIN AND BECOME MEMBERS OF THE U.S. GREEN
BUILDING COUNCIL (USGBC), THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY’S
ENERGY STAR PROGRAM AND
THE FLORIDA GREEN BUILDING COALITION. ($3,600; not budgeted)
4.22 EASEMENT AGREEMENT - A A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA AUTHORIZING THE TOWN
ADMINISTRATOR TO ENTER INTO A BRIDLE PATH
EASEMENT AGREEMENT BETWEEN THE TOWN OF DAVIE, AND
WEST CITY POINTE WEST COMMERCE I L.P., FOR
THE GRANTING OF AN EASEMENT FOR BRIDLE PATH
PURPOSES RELATING TO PARCEL E OF THE ICW NORTH PLAT; TO ACKNOWLEDGE SUCH
APPROVAL BY AFFIXING HIS SIGNATURE TO SAID AGREEMENT; AND
PROVIDING FOR AN EFFECTIVE DATE. (DA 4-1-07, ICW North Plat - Bridle Path Easement Agreement,
generally located on the north side of Point West Drive, between Weston Road
and I-75)
4.23 EASEMENT AGREEMENT - A RESOLUTION OF THE
TOWN OF DAVIE, FLORIDA AUTHORIZING THE TOWN ADMINISTRATOR TO ENTER INTO A
BRIDLE PATH EASEMENT AGREEMENT BETWEEN THE
TOWN OF DAVIE, AND POINTE WEST PROPERTY
OWNERS ASSOCIATION, INC., FOR THE GRANTING OF AN EASEMENT FOR BRIDLE PATH
PURPOSES LYING WITHIN TRACTS 5 AND 6 OF THE
ICW NORTH PLAT; TO ACKNOWLEDGE SUCH APPROVAL BY AFFIXING HIS SIGNATURE TO SAID
AGREEMENT; AND PROVIDING FOR AN EFFECTIVE
DATE (DA 4-2-07, ICW North Plat - Bridle Path Easement Agreement,
generally located on the north side of Point West Drive, between Weston Road and
I-75)
4.24 PLAT - A RESOLUTION OF THE TOWN OF DAVIE,
FLORIDA, APPROVING A PLAT KNOWN AS “DWELL” 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-1-3-06, Dwell, 2340 SW 130th Avenue) Planning and Zoning Board recommended approval
4.25 PLAT - A RESOLUTION OF THE TOWN OF DAVIE,
FLORIDA, APPROVING A PLAT KNOWN AS THE “GREAT FLORIDA BANK CENTER” 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 7-1-06,
Great Florida Bank Center, 4700-4900 SW 78 Avenue) [see related items 4.29, 6.3, 6.6 and 6.11] Planning and Zoning Board recommended approval
4.26 AMENDMENT
- A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING A DELEGATION REQUEST
TO AMEND THE NOTE ON THE PLAT KNOWN AS “YOUNG WORLD”; AND
PROVIDING AN EFFECTIVE DATE.
Temporary Use Permit
4.27 TU 6-1-07, Miami Dolphins Modular Buildings, generally located
on SW 30 Street between University Drive and College Avenue
Quasi-Judicial Consent Agenda
4.28 SP 12-05-06, Forest Lawn Funeral Home, 6530 State Road 84 (B-2) Site Plan Committee recommended approval
subject to staff’s recommendations
4.29 SP 7-4-06, Great Florida Bank Center, 4700-4900 SW 78
Avenue (B-2) (tabled from June
20, 2007) [see related items
4.25, 6.3, 6.6, 6.10 and 6.11] Site Plan
Committee recommended approval subject to the staff report and the
following provisions: 1) place
crosswalks at the main entrance, the east and west ends of SW 48 Street and
curve the sidewalk at the southeast entrance into the site; 2) delineate the
zoning areas on the site plan prior to going before Town Council; and 3) change
the east elevation to match the floor plan
5. DISCUSSION
OF CONSENT AGENDA ITEMS
6. PUBLIC
HEARING
Resolutions
6.1 CAPITAL PROJECTS
- A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, ADOPTING THE 5-YEAR CAPITAL
PROJECTS PROGRAM FOR THE TOWN OF DAVIE FOR FISCAL YEARS 2008-2012. (tabled from June 6,
2007)
6.2 DUE DILIGENCE - A RESOLUTION OF THE TOWN OF DAVIE,
FLORIDA, AUTHORIZING THE INITIATION OF DUE
DILIGENCE PROCEDURES FOR THE LAUDERDALE PROPERTY.
6.3 FLEX UNITS - A
RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE ALLOCATION OF
RESIDENTIAL TO COMMERCIAL FLEXIBILITY TO THE “GREAT FLORIDA BANK CENTER” PLAT
UNDER THE FIVE (5) PERCENT RESIDENTIAL TO
COMMERCIAL FLEXIBILITY RULE 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. (FX 7-1-06, Great Florida Bank Center, 4700-4900 SW 78
Avenue) [see related items 4.25, 4.29,
6.6, 6.10 and 6.11]
Ordinances - Second and Final Reading
6.4 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. {Approved
on First Reading June 20, 2007.
The vote was as follows:
Mayor Truex - yes; Vice-Mayor Caletka - yes; Councilmember Crowley - yes;
Councilmember Luis - yes; Councilmember Starkey - out of room}
Ordinances - First Reading (Second and Final Reading to
be held August 1, 2007)
6.5 REGIONAL ACTIVITY CENTER - AN AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA,
DESIGNATING THE TOWN OF DAVIE “REGIONAL ACTIVITY CENTER,” ENCOMPASSING THE LAND
LYING BETWEEN UNIVERSITY DRIVE AND THE
FLORIDA TURNPIKE AND BETWEEN STATE ROAD
84 AND GRIFFIN ROAD,
AS AN AREA SUITABLE FOR APPLICATION OF
INCREASED DEVELOPMENT OF REGIONAL IMPACT THRESHOLDS PURSUANT TO CHAPTER 380,
FLORIDA STATUTES; APPROVING THE SUBMITTAL OF THE PROPOSED ORDINANCE TO THE FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS FOR CONSISTENCY; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
6.6 VACATION - AN ORDINANCE OF THE TOWN OF
DAVIE, FLORIDA, APPROVING VACATION APPLICATION VA 7-2-06 “GREAT FLORIDA BANK CENTER” VACATING A
PORTION OF RIGHT-OF-WAY (O.R.B. 3326, PG 750, B.C.R.) LYING IN TRACT 2,
EVERGLADES SUGAR AND LAND
COMPANY SUBDIVISION, AS RECORDED IN PLAT BOOK 3, PAGE
67 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE. (VA 7-2-06, Great Florida Bank Center, 4700-4900 SW 78
Avenue) [see related items 4.25, 4.29
6.3, 6.10 and 6.11] Planning and Zoning Board recommended
approval
Ordinances - First Reading (Second and Final Reading to
be held at a later date)
6.7 TEXT
AMENDMENT - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, APPROVING
FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS, APPLICATION LA(TXT)
4-1-07 AMENDING THE
TEXT OF THE TOWN OF DAVIE COMPREHENSIVE PLAN
BY AMENDING THE TRANSPORTATION ELEMENT TO ESTABLISH A POLICY RESTRICTING ACCESS
FROM INTERSTATE 75 (I-75) PART OF THE FLORIDA INTRASTATE HIGHWAY SYSTEM (FIHS)
ONTO LOCAL ROADS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
6.8 TEXT
AMENDMENT - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, APPROVING
FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS, APPLICATION LA(TXT)
4-2-07, AMENDING
THE TOWN OF DAVIE COMPREHENSIVE PLAN BY
ADDING A POLICY TO THE FUTURE LAND USE
ELEMENT (POLICY GROUP 10: REGIONAL ACTIVITY CENTER USE) TO INCREASE THE
THRESHOLDS AT WHICH PROJECTS WOULD HAVE TO GO UNDER REVIEW AS A DEVELOPMENT OF
REGIONAL IMPACT PURSUANT TO CHAPTER 380, FLORIDA STATUTES; PROVIDING FOR
CONFLICT; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
6.9 TEXT AMENDMENT - AN ORDINANCE OF THE TOWN OF
DAVIE, FLORIDA, APPROVING FOR ADOPTION TO THE DEPARTMENT OF COMMUNITY AFFAIRS,
APPLICATION LA(TXT) 4-3-07, AMENDING THE TOWN OF DAVIE
COMPREHENSIVE PLAN BY UPDATING THE CAPITAL
IMPROVEMENTS ELEMENT WITH THE ADOPTED 5-YEAR CAPITAL PROJECTS PROGRAM PURSUANT
TO CHAPTER 163, FLORIDA STATUTES; PROVIDING FOR FILING WITH THE DEPARTMENT OF
COMMUNITY AFFAIRS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
Ordinance - First Reading/Quasi-Judicial Item (Second
and Final Reading to be held August 1,
2007)
6.10 REZONING - AN ORDINANCE OF THE TOWN OF
DAVIE, FLORIDA, APPROVING REZONING PETITION ZB 7-3-06, CHANGING THE CLASSIFICATION OF CERTAIN
LANDS WITHIN THE TOWN OF DAVIE FROM A-1, AGRICULTURAL DISTRICT TO B-2,
COMMUNITY BUSINESS DISTRICT; AMENDING THE TOWN ZONING MAP
TO COMPLY THEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE. (ZB 7-3-06, Great Florida Bank Center, 4700-4900 SW 78
Avenue) [see related items 4.25, 4.29, 6.3, 6.6 and 6.10] Planning and Zoning Board recommended
approval
Quasi-Judicial Items
6.11 VARIANCE - V 11-1-06, Great Florida Bank Center, 4700-4900 SW 78
Avenue (B-2 and A-1) (to reduce the required landscape buffer from 30 feet to
10 feet along University Drive that runs adjacent to the western boundary line
of the property) [see related items
4.25, 4.29, 6.3, 6.6 and 6.11]
Planning and Zoning Board recommended approval
6.12 VARIANCE - V 4-1-07, Camacho, 14190 SW 20 Street (R-1) (allow a shadow box
fence outside the building envelope - at the property line) Planning and Zoning Board recommended approval
subject to the condition that should 50% or more of the fence be damaged or
destroyed, and if they so choose to reconstruct a fence, they shall be required
to reconstruct the entire fence up to the current Code standards
Items to be Withdrawn
6.13 PROPERTY OWNER REQUESTING A WITHDRAWAL
V 7-2-06, Davis, 6070 Griffin Road (Griffin Corridor District,
EGZ) (tabled from January 3, 2007)
6.14 ITEM
WITHDRAWN AT THE JUNE 20,
2007 COUNCIL MEETING
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 Senior
Citizen Advisory Committee (one exclusive appointment - term expires April
2008) (members shall be a minimum 60 years of age)
7.1.2 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 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 Town
Administrator Evaluation
8.2 Audio/Video Surveillance -
Mayor Truex
8.3 Outstanding Airport Issues
9. NEW BUSINESS
9.1 Legislative Update - Representative
Martin Kiar
9.2 2005 Comprehensive Annual Finance
Report
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
July 18, 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: May
15, 2007 Minutes
AFFECTED DISTRICT: not
applicable
ITEM REQUEST:
TITL