TOWN OF DAVIE Town Council Meeting Meeting Agenda  Wednesday, July 24, 2024 at 6:30 p.m.  PLEDGE OF ALLEGIANCE  II. ROLLCALL  The meeting was called to order at 6:30 p.m. Present at the meeting were Mayor Paul, Vice Mayor Starkey, and Councilmembers Whitman, Hattan, and Luis. Also in attendance were Town Administrator Lemack, Deputy Town Administrator Lewis, Assistant Town Administrator Holste,  Assistant Town Attorney Sherwin, and Assistant Clerk Brewster.  III. PUBLIC COMMENTS  Susan Anderson stated that she wanted to speak about the trees, specifically, the oak trees on Pine Island Road. Ms. Anderson noted that there were twenty-seven trees (27) from Nova Drive and 36th Street and forty (40) trees taken down on Orange Drive that were going to be taken down. Ms. Anderson asked the Town of Davie to help her get in contact with someone in Broward County to Stephen Amarant commended the Town of Davie for everything done for veterans. Mr. Amarant explained that he was appointed to the Veteran's Advisory Committee and understood there was now a quorum sO the committee could meet. Mr. Amarant asked ifi it was possible to have the final councilmember expedite their appointment sO that the committee could move forward. He suggested having representatives from the Honor Flight attend the Veteran's Breakfast.  save the trees.  IV. PRESENTATIONS  1. Aden Perry Hero Life Ring Initiative, Assistant Chief Daniel Moran  Chief Moran provided an update ont the Aden Perry Hero Life Ring Initiative. ChiefN Moran stated that the Town of Davie was thankful to the Aden Perry Good Samaritan and Scholarship Foundation for their generous donation oft ten (10) life rings. These rings were put in place to aid ini the prevention of water-related tragedies. Chief Moran thanked the Town Council for their support and the Public Works and Parks, Recreation, and Cultural Arts departments for installing the rings. Joining this initiative allowed the Town of Davie to payt tribute to Aiden Perry for his heroic actions and selfless Sarah Perry, the mother of Aden Perry, thanked the Town Council for their support andi for attending the event. Ms. Perry shared that it was a great day because Aden's life rings were now a part oft the Town, which meant al lot tol her because Davie Fire Rescue was thet first to respond toi the call ont the  bravery, sacrificing his life to save a driver who drove into al lake.  night of the incident.    V. APPROVAL OF CONSENT AGENDA  Vice Mayor Starkey moved to table item #341 to August 21, 2024. Councilmember Whitman seconded Councilmember Hattan moved to approve the consent agenda. Councilmember Luis seconded the  the motion. In a roll-call vote, motion carried by a majority vote! 5/0.  motion. Motion carried by a majority vote 5/0. 1. May 1, 2024 Meeting Minutes (Regular) 2. May 15, 2024 Meeting Minutes (Regular) 3. June 5, 2024 Meeting Minutes (CIP Workshop)  Minutes  Resolution Administration  4. AGREEMENT AMENDMENT: A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING THE SECOND AMENDMENTTOTHE DEVELOPER'SAGREEMENT BETWEEN THETOWN OF DAVIE, THE TOWN OF DAVIE COMMUNITY REDEVELOPMENT AGENCY, AND EL-AD THE DISTRICT, LLC; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN 5. HOLD HARMLESS AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING A HOLD HARMLESS AGREEMENT BETWEEN THE TOWN OF DAVIE AND PRESTIGE DAVIE PARTNERS 6325, LLC FOR THE PROPERTY LOCATED AT 6101 SW 36TH COURT (FORMER WASTEWATER PROPERTY FOLIO NUMBER 504126192070); AND AUTHORIZING THE MAYORTO EXECUTE THE HOLD HARMLESS AGREEMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR  EFFECTIVE DATE.  CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.  Budget & Finance  6. AGREEMENT AMENDMENT- A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING THE FIRST AMENDMENT TO THE AGREEMENT WITH GREENBERG TRAURIG, P.A. TO PERFORM LEGAL MATTERS FOR BOND/DISCLOSURE COUNSEL SERIVCES; PROVIDING FOR CONFLICTS; 7. FIRE ASSESSMENT A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, RELATING TO THE PROVISION OF FIRE PROTECTION SERVICES, FACILITIES AND PROGRAMS IN THE TOWN OF DAVIE, FLORIDA; ESTABLISHING THE ESTIMATED ASSESSMENT RATES AND DESCRIBING THE METHOD OF ASSESSING FIRE PROTECTION ASSESSED COST AGAINST ASSESSED PROPERTY LOCATED WITHIN THE TOWN OF DAVIE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2024; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE THEREOF; AND PROVIDING AN EFFECTIVE DATE.  PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.  PAGE2 20F 14  07242024    8. SOLID WASTE 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 RESIDENTIAL PROPERTY LOCATED WITHIN THE TOWN OF DAVIE, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2024; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE THEREOF; 9. AGREEMENT MILLAGE RATES -A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, ESTABLISHING THE PROPOSED MILLAGE RATES TO BE PLACED ON THE TRUTH-IN-MILLAGE (TRIM) NOTICE FOR OPERATING PURPOSES AND FOR VOTED DEBT SERVICE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2024 AND ENDING SEPTEMBER 30, 2025; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 10. STORMWATER ASSESSMENT A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, RELATING TO THE PROVISION OF STORMWATER MANAGEMENT SERVICES; PROVIDING PURPOSE, DEFINITIONS, INTERPRETATION, AND CERTAIN LEGISLATIVE FINDINGS; CREATING THE STORMWATER SERVICE AREA; ESTIMATING THE COST OF STORMWATER MANAGEMENT SERVICES PROVIDED BY THE TOWN'S STORMWATER UTILITY; DETERMINING THAT CERTAIN REAL PROPERTY WILL BE BENEFITED THEREBY; ESTABLISHING THE METHOD OF ASSESSING THE COST OF STORMWATER MANAGEMENT: SERVICES AGAINST THE REALI PROPERTY THATI WILL BE BENEFITED THEREBY; DIRECTING THE TOWN ADMINISTRATOR TO PREPARE OR DIRECT THE PREPARATION OF THE INITIAL STORMWATER ASSESSMENT ROLL BASED UPON THE METHODOLOGY SET FORTH HEREIN; ESTABLISHING A PUBLIC HEARING FOR THE PROPOSED STORMWATER SERVICE ASSESSMENTS AND DIRECTING THE PROVISION OF NOTICE IN CONNECTION IN ADDITION TO THAT; PROVIDING FOR ADJUSTMENT OF ESUS; PROVIDING FOR CONFLICTS; PROVIDING FOR: SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.  AND PROVIDING AN EFFECTIVE DATE.  Information Technology  11. SCRIVENER'S ERROR - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, CORRECTING A SCRIVENER'S ERROR CONCERNING RESOLUTION NO. 2019-245;TO CLARIFY THE CORRECT START DATE AND RENEWAL OPTIONS; PROVIDING FOR SEVERABILITY; PROVIDING  FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.  Parks, Rec, & Cultural Arts  12. CONTRACT A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING THE FLORIDA BUY STATE COOPERATIVE PURCHASING AGENCY CONTRACT 22-168 FOR THE PURCHASE OF SCOREBOARDS, MARQUEES, DIGITALSIGNAGE, RELATED PRODUCTS AND: SERVICES INCLUDING INSTALLATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING  FOR AN EFFECTIVE DATE.  PAGE 30F14  07242024    Police  13. AGREEMENT A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT BETWEEN THE SCHOOL BOARD OF BROWARD COUNTY AND THE TOWN OF DAVIE TO PROVIDE A SCHOOL RESOURCE OFFICER FOR THE 2024 SUMMER SCHOOL PROGRAM SERVING AT SILVER RIDGE ELEMENTARY SCHOOL FOR A THREE (3) WEEK PERIOD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FORAN 14. AGREEMENT AMENDMENT A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING THE THIRD AMENDMENT TO THE NOVA SOUTHEASTERN UNIVERSITY (NSU) POLICE OFFICER AGREEMENT AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT AMENDMENT, PROVIDING FOR CONFLICTS FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE.  EFFECTIVE DATE.  Public Works  15. BID SELECTION A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, ACCEPTING THE BID RECOMMENDATION FOR BID ITB-RS-24-32 SW 148TH DRAINAGE IMPROVEMENTS FROM HUURR HOMES, LLCI INT THE AMOUNT OF $162,360.00; PROVIDING FOR CONFLICTS; PROVIDING 16. CONTRACT- A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE APPROVAL OF A PIGGYBACK CONTRACT 10-07 AWARDED BY REGION XIV EDUCATION SERVICE CENTER CONTRACT TO GREENFIELDS OUTDOOR FITNESS, INC. FOR PLAYGROUND EQUIPMENT, OUTDOOR FITNESS EQUIPMENT, SITE FURNISHING, SURFACING, AND RELATED PRODUCT/SERVICES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND 17. CONTRACT- A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE APPROVAL OF A PIGGYBACK CONTRACT THROUGH REGION 4 EDUCATION SERVICE CENTER (ESC) CONTRACT R191804 AWARDED TO THE HON COMPANY, LLC FOR FURNITURE, INSTALLATION AND RELATED SERVICES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND 18. POLICY AMENDMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING THE FIRST AMENDMENT TO THE TOWN POLICY AND GUIDELINES FOR NAMING OR RENAMING THE TOWN OF DAVIE PARKS, OPEN SPACES, PUBLIC FACILITIES, STREETS, AND PARK FURNITURE, AND THE PLACEMENT OF TREES AND MEMORIAL MARKERS ON TOWN PROPERTY OR RIGHTS- OF-WAY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FORAN  FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.  PROVIDING FOR AN EFFECTIVE DATE.  PROVIDING FOR AN EFFECTIVE DATE.  EFFECTIVE DATE.  PAGE 40F14  07242024    Procurement  19. PROPOSAL SELECTION A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, QUALIFYING AND AWARDING THE FIRMS IN RESPONSE TO REQUEST FOR QUALIFICATIONS NO. JA-24-21 ENGINEERING AND LANDSCAPE ARCHITECTURAL SERVICES, AUTHORIZING THE TOWN ADMINISTRATOR OR DESIGNEE TO NEGOTIATE A CONTRACT, PROVIDING FOR SEVERABILITY, 20. RFQ SELECTION A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, QUALIFYING AND AWARDING THE SHORTLIST OF PROFESSIONAL ENGINEERING FIRMS IN RESPONSE TO REQUEST FOR QUALIFICATIONS NO. RS-24-30 DESIGN SERVICES FOR ORANGE DRIVE FROM SW 92 AVENUE TO SW 67 AVENUE, AUTHORIZING THE TOWN ADMINISTRATOR OR DESIGNEE TO NEGOTIATE A CONTRACT, PROVIDING FOR SEVERABILITY, PROVIDING FOR CONFLICTS, AND 21. RFP SELECTION - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, QUALIFYING AND AWARDING THE TOP THREE RANKED PROPOSERS IN RESPONSE TO REQUEST FOR PROPOSALS NO. RS-24-14 UTILITY AUGMENTATION SERVICES, AUTHORIZING THE TOWN ADMINISTRATOR OR DESIGNEE TO NEGOTIATE CONTRACTS, PROVIDING FOR SEVERABILITY, PROVIDING FOR  PROVIDING FOR CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE.  PROVIDING FOR AN EFFECTIVE DATE.  CONFLICTS, AND PROVIDING FOR. AN EFFECTIVE DATE.  Town Attorney  22. INTERLOCAL: AGREEMENT- Al RESOLUTION OF THE TOWN OF DAVIE, FLORIDA APPROVING THE INTERLOCAL AGREEMENT BETWEEN THE BROWARD METROPOLITAN PLANNING ORGANIZATION AND THE TOWN OF DAVIE FOR ADMINISTRATIVE SERVICES AND. AUTHORIZING THE APPROPRIATE TOWN OFFICIALS TO EXECUTE THE ILA; PROVIDING FOR CONFLICTS;  PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.  Utilities  23. BID SELECTION - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, ACCEPTING THE BID AWARDED TO USSI, LLC, PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY, AND 24. BID SELECTION - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, ACCEPTING THE BID AWARDED TO LINE-TEC, LLC, PROVIDING FOR CONFLICTS, PROVIDING FOR: SEVERABILITY, AND  PROVIDING FOR AN EFFECTIVE DATE.  PROVIDING FOR AN EFFECTIVE DATE. Quasi-Judicial Consent Agenda Avenue, zoned CF)  25. SITE PLAN - SP23-091 DeGeorge Boys and Girls Club of Broward (1220 Southwest 130th  VI. DISCUSSION OF CONSENT AGENDA ITEMS  PAGE 50F14  07242024    VII. PUBLICI HEARING Resolution  26. CIP AMENDMENT- A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING THE FOURTH AMENDMENT TO THE 10-YEAR CAPITAL IMPROVEMENTS PROGRAM FOR THE TOWN OF DAVIE FOR FISCAL YEARS 2024-2033; PROVIDING FOR SEVERABILITY; PROVIDING FOR  CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Assistant Town Attorney Philip Sherwin read the resolution by title. Mayor Paul opened the public hearing portion of the meeting.  As no one else spoke, Mayor Paul closed the public hearing portion oft the meeting.  Councilmember Whitman moved to approve item #26 CIP Amendment. Vice Mayor Starkey seconded the motion. In a roll call vote: Vice Mayor Starkey yes; Councilmember Luis yes; Mayor Paul - yes; Councilmember Whitman - yes. and Councilmember Hattan - yes. Motion carried by a  majority vote 5/0.  Ordinance Second and Final Reading  27. PENSION PLAN AMENDMENT-  AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, AMENDING THE DEFINED BENEFIT PLAN; OF THE TOWN'S RETIREMENT PLAN AND TRUST FOR THE MANAGEMENT AND GENERAL EMPLOYEES OF THE TOWN OF DAVIE, AMENDING ARTICLE 6, SECTION 6.02, BENEFIT AMOUNTS AND ELIGIBILITY, TO ALLOW CERTAIN MANAGERIAL EMPLOYEES WITH PRIOR GENERAL EMPLOYEE SERVICE THE ABILITY TO BEGIN RECEIPT OF IN- SERVICE DISTRIBUTION OF MANAGERIAL BENEFITS AND ACTUARIALLY REDUCED GENERAL BENEFITS SIMULTANEOUSLY, AMENDING ARTICLE 18, SECTION 18.09, OPTION TO PURCHASE PRIOR CREDITED SERVICE, TO ALLOW FOR THE PURCHASE OF PRIOR PART-TIME SERVICE FOR CURRENT FULL-TIME REGULAR EMPLOYEES; PROVIDING FOR PUBLICATION; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR: SEVERABILITY; AND PROVIDING FOR Al REPEALER. (Approved on first reading on June 5, 2024. Councilmember Hattan made a motion to approve the item. The motion was seconded by Vice Mayor Starkey. In a roll call vote: Councilmember Luis - yes; Vice Mayor Starkey - yes; Mayor Paul - yes; Councilmember Hattan = yes;  Councilmember Whitman yes.)  Assistant Town Attorney Philip Sherwin read the ordinance by title. Mayor Paul opened the public hearing portion of the meeting.  As no one else spoke, Mayor Paul closed the public hearing portion of the meeting.  Councilmember Hattan moved to approve item #27 Pension Plan Amendment. Councilmember Luis seconded the motion. In a roll call vote: Councilmember Hattan yes; Councilmember Whitman- yes; Councilmember Luis - yes; Vice Mayor Starkey yes; and Mayor Paul yes. Motion carried by  ar majority vote 5/0.  PAGE 60F 14  07242024    Ordinances - First Readings (Second and Final Readings to be held on August 7,2024) 28. CODE AMENDMENT- AMENDING CHAPTER 26, TITLED "COMMERCIAL PHOTOGRAPHY; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN  EFFECTIVE DATE.  Assistant Town Attorney Philip Sherwin read the ordinance by title. Mayor Paul opened the public hearing portion oft the meeting.  As no one else spoke, Mayor Paul closed the public hearing portion of the meeting.  Coundilmember Hattan moved to approve item #28 Code Amendment. Vice Mayor Starkey seconded the motion. In a roll call vote: Mayor Paul yes; Councilmember Hattan yes; Vice Mayor Starkey -yes; Councilmember Luis - yes; and Councilmember Whitman yes. Motion carried by a majority 29. CODE AMENDMENT- AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, AMENDING THE FOLLOWING SECTIONS CHAPTER 12, LAND DEVELOPMENT CODE, ARTICLE XII, SUBDIVISIONS, SITE PLANS, AND CERTIFICATES OF USE; DIVISION 3, SITE PLAN REQUIREMENTS AND PROCEDURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICT; AND PROVIDING  vote 5/0.  FOR AN EFFECTIVE DATE.  Assistant Town Attorney Philip Sherwin read the ordinance by title. Mayor Paul opened the public hearing portion oft the meeting.  Vice Mayor Starkey stated that she could not support this item because as it was written, she believed it gave up the Town Council's responsibilities on oversight which the constituents entrusted them with. This item would remove the Town Council's responsibility for overseeing several major projects in the capital improvement plan. Future projects included the new town hall, the Farm Park, and the new fire station. Vice Mayor Starkey stated that the public and the Town Council needed to be fully aware of how the taxpayer's dollars were being spent and to be part of the process. Vice Mayor Starkey wanted to ensure fiscal responsibility and accountability. She explained that the benefits of a design-build were to expedite the process, and now it was being advised that there also needed to be a change ini the land development code to expedite the process. This gave authority to the town administrator or his designee to approve any site plan changes that may be necessary for projects related to Town of Davie facilities. Vice Mayor Starkey was also concerned that the item mentioned a process implemented in the future, but it did not explain what that process was. She emphasized that she trusted the administration and Town Council and what has been done to ensure accountability and transparency. Her concern was that itv was still being determined who would represent the Town of Davie in the future, and she did not believe enacting this code change was a good idea. Vice Mayor Starkey stated that an ordinance was passed in 2004 to ensure the public could participate in all land development projects. Vice Mayor Starkey noted that, with large projects coming forward, shei felt the land development code should be revised. She said that if the Town Council moved forward with this item, she believed that there would be an opportunity for the Town Council to look at updates to projects at 60% of  design or possibly 80% of design, but even this may be too late ini the process.  PAGE70F14  07242024    Mayor Paul stated that there were some special circumstances involved with this item. The Town Council was involved in the design-build process to a great extent. Mayor Paul believed that the item gave the Town Council oversight at specific intervals. The Town has remained transparent about project and open to the public for participation. Mayor Paul stated that the motion could include specific internals in which the Town Council may provide input. She believed that this change could be better because it could be looked at a little bit at a time instead of waiting until Mr. Lemack stated that the approval of this item allowed the Town Council the flexibility for an alternative site plan process on an as needed basis. One example of this included the Town Hall project. The project was under Town Council control; there was an extensive public design process, which led to a schematic design for the project. The project reflected elements that would be approved as part of the site plan process and all development review committees were included int the planning. The schematic design was brought to Town Council for approval at a publicly advertised meeting. Mr. Lemack emphasized the importance of the Town Council's participation ini the new Town Hall building process, which supported the design-build approach and the request for a contractor proposal at the 30% mark of the drawings, not the final design. This approach allowed the design of a facility that reflected the Town of Davie's history and future while controlling the costs and expediting the development process. Everything has and will continue to be brought for public input. Mr. Lemack stated that if this item were not approved, there would be a delay in awarding the contractor for the developer, which would add to the project timeline and incur additional costs. Mr. Lemack advised that the plan was to bring the project back to the Town Council at 60% and 90% for continued approval coupled with quarterly updates on the Vice Mayor Starkey stated she was still concerned because what came forward was the schematic design rather than the final site plan design. She was concerned that a final site plan would not be Mayor Paul requested that the project be returned to the Town Council at 50%, 80%, and 95%  the end of a project.  progress of the project once construction started.  brought forward. completion.  As no one else spoke, Mayor Paul closed the public hearing portion oft the meeting.  Councilmember Luis moved to approve item #29 Code Amendment with the condition that site plan applications would return to the Town Council for review at 50%, 80%, and 95% completion. Councilmember Hattan seconded the motion. In a roll call vote: Councilmember Whitman yes; Mayor Paul yes; Vice Mayor Starkey no; Councilmember Hattan yes; and Councilmember Luis  -yes. Motion carried by a majority vote 4/1.  PAGE80F14  07242024    30. BUDGET AMENDMENT- AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE THIRD AMENDMENT TO THE FISCAL YEAR 2024 BUDGET; PROVIDING FOR CONFLICT;  PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Assistant Town Attorney Philip Sherwin read the ordinance by title. Mayor Paul opened the public hearing portion of the meeting.  As no one else spoke, Mayor Paul closed the public hearing portion oft the meeting.  Coundilmember Hattan moved to approve item #30 Budget Amendment. Councilmember Whitman seconded the motion. In a roll call vote: Councilmember Luis - yes; Councilmember Whitman yes; Councilmember Hattan yes; Vice Mayor Starkey yes; and Mayor Paul yes. Motion carried  by a majority vote 5/0. Quasi-Judicial Public Hearing Ordinance Second and Final Reading  31. REZONING- AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, APPROVING REZONING APPLICATION ZB23-073 5500 DAVIE, CHANGING THE ZONING DESIGNATION OF CERTAIN LANDS WITHIN THE TOWN OF DAVIE FROM AGRICULTURAL (A-1) DISTRICT TO LOW DENSITY DWELLING (R-2); AMENDING THE TOWN ZONING MAP TO COMPLY THEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. (5500 Davie Road currently zoned A-1). Supermajority required per Sec. 12-307(B)(3)] (Approved on first reading on June 5, 2024. Councilmember Whitman made a motion to approve the item. The motion was seconded by Vice Mayor Starkey. In a roll call vote: Vice Mayor Starkey - yes; Mayor Paul - yes; Councilmember Hattan = yes;  Councilmember Whitman yes; Councilmember Luis yes.) Assistant Town Attorney Philip Sherwin read the ordinance by title. Mayor Paul opened the public hearing portion of the meeting.  As no one else spoke, Mayor Paul closed the public hearing portion oft the meeting.  Councilmember Hattan moved to approve item #31 Rezoning Application ZB23-073. Councilmember Whitman seconded the motion. In a roll call vote: Councilmember Luis yes; Vice Mayor Starkey yes; Mayor Paul - yes; Councilmember Hattan - yes; and Councilmember Whitman yes. Motion  carried by a majority vote 5/0.  Resolutions  32. VARIANCE- A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, TAKING FINAL ACTION ON VARIANCE APPLICATION V23-064 GARNER; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE (V23-064 GARNER, 1601 SW 136  Avenue, Zoned R-1).  Assistant Town Attorney Philip Sherwin read the ordinance by title. Mayor Paul opened the public hearing portion oft the meeting.  PAGE 90F14  07242024    Matthew Garner, the applicant, stated that the purpose of the variance was to be able to build a workshop in his backyard. There was an existing slab on the property, but when he went to apply for a permit, staff advised him that the slab wasi too close to the fence line, which is why he applied  for a variance.  As no one else spoke, Mayor Paul closed the public hearing portion of the meeting.  Mayor Paul stated that she was not happy with the variance because there needed to be al hardship. Mayor Paul noted that the same structure could be built on a small scale. Mayor Paul felt that the size of the building was unreasonable for the location right on 136th Avenue, across from a future Mr. Garner stated that he was ini the corner house; the building was not visible from 136th Avenue, only from the front of his home. He said that he was willing to work on the size of the building, maybe 30 X 40 feet, but wanted it to be large enough to place his mud truck and airboat. He also explained that his hardship was that the property had a large Bischofia tree and Laurel Oak in the backyard; if he followed the Town of Davie's setback code, then the building would have to be  passive park.  placed where the trees were.  Mayor Paul stated her concern was the building's height and size.  Councilmember Luis moved to table item #32 Variance Application V23-064 to September 18, 2024. Mayor Paul seconded the motion. In a roll call vote: Vice Mayor Starkey yes; Councilmember Hattan - yes; Councilmember Whitman - yes; Mayor Paul - yes; and Councilmember Luis - 33. VARIANCE - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, TAKING FINAL ACTION ON VARIANCE APPLICATION V24-068 BUITRAGO; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. (V24-068 BUITRAGO, 12880 Southwest  yes. Motion carried by a majority vote 5/0.  15th Street, Zoned MH-1)  Assistant Town Attorney Philip Sherwin read the ordinance by title. Mayor Paul opened the public hearing portion oft the meeting.  Julio Buitrago, the applicant, explained that this item had been previously approved but he ran into delays with the mobile home manufacturer. A septic tank was not installed and when he went to apply for a permit for the house, he found that the variance application had expired. As no one else spoke, Mayor Paul closed the public hearing portion of the meeting.  Councilmember Luis moved to approve item #33 Variance Application V24-068. Mayor Paul seconded the motion. In a roll call vote: Councilmember Hattan - yes; Councilmember Whitman yes; Councilmember Luis yes; Vice Mayor Starkey yes; and Mayor Paul yes. Motion carried by a  majority vote 5/0.  PAGE100F14  07242024    34. VARIANCE  A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, TAKING FINAL ACTION ON VARIANCE APPLICATION V21-121 BONFINI; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. (V21-121 BONFINI, 7591Southwest 42nd  Court, Zoned R-3)  VIII. APPOINTMENTS  35. Committee/Board Appointments  Councilmember Whitman appointed Rylin Rossano to the Agricultural and Environmental  Advisory Committee.  36. FLOC Designation of Voting Delegates  Mayor Paul moved to appoint Vice Mayor Starkey as the Florida League of Cities Voting Delegate. Councilmember Hattan seconded the motion. Motion carried by a majority vote 5/0.  37. Historic Preservation Board - Term Expirations  Mayor Paul appointed Gary Kaufman to the Historic Preservation Board.  Councilmember Hattan reappointed Lindsay Glasscock to the Historic Preservation Board.  IX. REPORTITEMS  X. COMMITTEE RECOMMENDATIONS  XI. OLD BUSINESS XII. NEW BUSINESS  XIII. SCHEDULE OF NEXT MEETING  38. Utilities Divestiture Update Workshop, proposed for August 7, 2024 at 5:00 p.m.  Future Town Council Meetings  Wednesday, August 7, 2024 at 6:30 p.m. Wednesday, August 21, 2024 at 6:30 p.m. XIV. MAYOR AND COUNCILMEMBER COMMENTS  ADEN PERRY- Mayor Paul stated that the Aden Perry event was excellent and shared a newsarticle WILDFLOWERS - Mayor Paul advised that the wildflower project was planted. Another item she wanted to do was add a ground cover that would creep and cover a lot of the area. Mayor Paul checked the status of the ground cover, and it was growing into the grass and would get cut. This LANDSCAPING Mayor Paul stated that she understood that the contract expired in. January. Mayor  about the event.  meant insufficient room was made available for the ground cover.  PAGE110F14  07242024    Paul wanted to participate in this. If there was a Request for Proposal (RFP), she tried to include some control over landscaping companies who do not maintain the grounds well. ACTT THEATER- Mayor Paul advised that the Actors Community Theater had their first musical over the weekend. She was happy to see a younger audience in attendance supporting the actors. NATIONAL NIGHT OUT Mayor Paul announced that National Night Out was scheduled for August ORANGE BLOSSOM PARADE Mayor Paul stated that since the construction was completed along Davie Road, she wanted the Town Council's support to move the Orange Blossom parade back to the downtown location, the rest of the festival activities would: stay at the Bamford Sports Complex. SPEEDING Mayor Paul advised that several emails were received about speeding along Pine Ridge Drive especially around the Tangerine and Whitehall area. Residents were requesting a speed table METROPOLITAN PLANNING ORGANIZATION (MPO) Mayor Paul stated that the Town of Davie received a request from the MPO to provide a letter of support for a federal grant related to EV charging and alternative fueling infrastructure. The grant was part of President Biden's bipartisan infrastructure law and was intended to deploy publicly accessible electric charging and alternative fuelingi infrastructure. The MPO created an electricvehicle master plan that identified keyl locations, some extending through the Town of Davie. The Town Council expressed their support.  6at various locations.  The Town Council supported relocating the parade.  int the area.  COUNCILMEMBER WHITMAN  BACKPACK GIVEAWAY - Councilmember Whitman announced that the Town was hosting three  back-to-school backpack giveaway events. The events were as followed: Thursday, August 1 at the Rick and Rita Case Boys and Girls Club from 4-6 pm. Tuesday, August 6 at the Florence de George Boys and Girls Club from 2-3:30 pm.  Monday, August 5 at the Davie PAL from 2-3:30 pm.  TAKE-A-KID FISHIN - Councilmember Whitman stated that the Take-A-Kid Fishin' event was scheduled for Saturday, August 3, from 8-10 am at the Davie Golf Course. The event was open to HAPPY BIRTHDAY - Councilmember Whitman wished those celebrating a birthday in July, a Happy METROPOLITAN PLANNING ORGANIZATION (MPO) - Councilmember Whitman stated that the Broward MPO requested an appointment with the Citizens' Advisory Committee. VIXENS Councilmember Whitman stated that on February 7, 2024, Councilmember Luis brought up a request from Vixens regarding their operating hours. He sought to have more information regarding the request brought back to the Town Council. Councilmember Luis moved to bring the item forward, for lack ofa a second. Councilmember Whitman explained that on May 3, 2024, Vixen's requested a pre-application meeting with the Planning and Zoning Division to modify the settlement agreement which Mr. Lemack and Mr. Sherwin subsequently canceled. It was explained to the applicant that since this was a modification of the original settlement agreement ordered by the court, there was an avenue to have their request heard. Councilmember Whitman was advised that the only way the applicant could be heard was to have the Town Council direct Mr. Lemack to bring back an agenda item for discussion and direction. Councilmember Whitman explained that she  children ages five (5) to twelve (12).  Birthday.  PAGE 120F14  07242024    would like to learn more about the request and sought Town Council's support in bringing back  additional information.  Councilmember Luis stated that he supported this.  Mayor Paul and Vice Mayor Starkey both stated that they were not in support.  Vice Mayor Starkey explained that she opposed this because there was as settlement agreement. Councilmember Whitman moved to request that Mr. Lemack bring the item back on the agenda for discussion. Councilmember Luis seconded the motion. In a roll call vote: Vice Mayor Starkey no; Councilmember Luis yes; Councilmember Whitman yes; Mayor Paul - no; and Councilmember  Hattan yes. Motion carried by a majority vote 3/2.  COUNCILMEMBER STARKEY outreach and call for action.  WORLD DAY AGAINST HUMAN' TRAFFICKING- - Councilmember Starkey announced that. July 30 was World Day Against Human Trafficking. The Florida Alliance to End Human Trafficking was hosting an Councilmember Starkey stated that Soroptimist also put together backpacks of supplies provided to human trafficking victims. Additional backpacks were going to be provided to. Justice for Kids as well. PUBLIC ART- Councilmember Starkey thanked the staff who assisted with the Public Art Committee and stated that she was able to review the great art renderings. Those that were chosen would be BOYS AND GIRLS CLUB - Councilmember Starkey announced that the Boys and Girls Club was DAVIE SOROPTIMIST Councilmember Starkey said that the Davie Soroptimist was also hosting a STAFF Councilmember Starkey thanked staff for addressing some requests that she received from  presented to the Town Council for further review.  hosting their annual golf tournament and was accepting sponsorships.  golf tournament. residents in Davie West. COUNCILMEMBER HATTAN No Comments COUNCILMEMBER LUIS  TAKE-A-KID FISHIN - Councilmember Luis stated that the Take-A-Kid Fishin' event was scheduled SCHOOL SUPPLIES Councilmember Luis announced that the Town of Davie was having a school BUDGET Councilmember Luis thanked Mr. Lemack and Mr. Ackerman for all the work they did on CRA OFFICERS - Councilmember Luis read a report from the CRA monthly police report and  for Saturday, August 3 from 8 -10 am at the Davie Golf Course.  supplies drive. the budget.  commended the officers that assisted a resident. XV. TOWN ADMINISTRATOR COMMENTS RICHARD J. LEMACK  FIRE DEPARTMENT Chief Moran stated that the Fire Rescue Department was awarded the Mission Lifeline EMS Gold Achievement Award from the American Heart Association for the fifth year in a FOURTH OF JULY Mr. Lemack summarized the Fourth of July event. The event had one thousand  row.  PAGE 130F14  07242024    one hundred seventy (1,170) people whoy pre-registered, only one person per household. Abouti two thousand (2,000) peopleattended the event but did not pre-register. The estimated attendance was about nine thousand five hundred (9,500) residents. Staffs surveys what districts the residents were from; District 1 had 23%, District 2 had 20%, District 3 had 45%, and District 4 had 12%. Mr. Lemack shared a video clip of the drone show and stated that the attendees received it well. CERTIFICATES - Mr. Lemack announced that the Town received the 100 Best Fleets in America Program recognition in peak public and commercial fleet operations performance. In addition, the  Town was awarded with Certificate of Achievement award from  XVI. TOWN ATTORNEY COMMENTS PHILIP N. SHERWIN No comments XVII. ADIOURNMENT  There being no further business to discuss and no objections, the meeting was adjourned at  7:55 p.m.  Approved on: September 18,2024 03  B  Town Clerk  PAGE: 140F14  07242024