Agenda Full - Southwest Ranches, Florida
Transcription
Agenda Full - Southwest Ranches, Florida
S o u thw e s t R a n c he s Tow n C o u n c i l REG REGULAR MEETING Agenda of November 14, 2013 13400 Griffin Road Southwest Ranches, FL 33330 Southwest Ranches Council Chambers 7:00 PM THURSDAY Mayor Jeff Nelson Vice-Mayor Steve Breitkreuz Town Council Doug McKay Gary Jablonski Freddy Fisikelli Town Administrator Andrew D. Berns Town Attorney Keith M. Poliakoff, J.D. Town Financial Administrator Martin Sherwood, CPA CGFO Town Clerk Erika Gonzalez-Santamaria, CMC In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodation, a sign language interpreter or hearing impaired to participate in this proceeding should contact the Town Clerk at (954) 434-0008 for assistance no later than four days prior to the meeting. 1. Call to Order/Roll Call 2. Pledge of Allegiance 3. Presentation – GFOA Financial Reporting Achievement Award 4. Presentation/Resolution - A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF SOUTHWEST RANCHES, FLORIDA, APPROVING AN AGREEMENT BETWEEN THE TOWN OF SOUTHWEST RANCHES AND THE TOWN OF DAVIE FOR THE DELIVERY OF POLICE SERVICES; AUTHORIZING THE MAYOR, TOWN ADMINISTRATOR AND TOWN ATTORNEY TO EXECUTE SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE THEREFOR. Quasi-Judicial Hearings Please be advised that the following items on the Council agenda are quasi-judicial in nature. All witnesses who will testify on any item in this portion of the Agenda will be sworn. Participants who are members of the general public need not be sworn and will not be subject to cross-examination if they are not sworn. However, the Council shall not assign un-sworn testimony the same weight or credibility as sworn testimony in its deliberations. The applicant has the burden of proof. After the applicant’s concluding remarks, the hearing will be closed and no additional testimony, material or argument will be allowed unless the Council chooses to request additional testimony. The members of the Town Council will then deliberate. All evidence relied upon by reasonably prudent persons in the conduct of their affairs may be considered in these proceedings, regardless of whether such evidence would be admissible in a court. Hearsay evidence may supplement or explain other evidence, but shall not alone support a conclusion unless it would be admissible over objection in court. The material in the Town Council agenda will be considered as evidence without authentication. Anyone representing an organization must present written evidence of his or her authority to speak on behalf of the organization in regard to the matter under consideration. Each person who appears during a public hearing shall identify himself or herself and give their address, and if appearing on behalf of an organization state the name and mailing address of the organization. The Council may, on its own motion or at the request of any person, continue the hearing to a fixed date, time and place. No notice shall be required if a hearing is continued to a fixed date, time and place. Any Applicant shall have the right to request and be granted one continuance; however, all subsequent continuance shall be granted at the discretion of the Council and only upon good cause shown. 5. Delegation Request – Consideration of Delegation Request application number DE-018-13, to eliminate a left turn lane requirement, change the street name on the plat, and amend the non-vehicular access line, relating to the Bella Acre Estates Plat, as recorded in Plat Book 177, page 58, of the Broward County Public Records. Generally located on the east side of 172 nd Avenue, 300 feet south of SW 49th Street. Jeff Spear, petitioner; Bella CES, LLC., owner. REGULAR TOWN COUNCIL MEETING 6. November 14, 2013 PAGE 2 Site Plan Modification – Consideration of Site Plan modification application number SP-05413. Jeff Spear, petitioner; Bella CES, LLC., owner. The applicant is seeking approval for a temporary construction trailer, relocate the perimeter fence closer to the edge of the right-ofway line of SW 172nd Avenue, and revise the entry feature and signage. Property is generally located on the east side of 172nd Avenue, 300 feet south of SW 49th Street. End of Quasi-Judicial Items 7. Public Comment All Speakers are limited to 3 minutes. Public Comment will last for 30 minutes. All comments must be on non-agenda items. All Speakers must fill out a request card prior to speaking. All Speakers must state first name, last name, and mailing address. Speakers will be called in the order the request cards were received. Request cards will only be received until the first five minutes of public comment have concluded. 8. Board Reports 9. Council Member Comments 10. Legal Comments 11. Administration Comments 12. Resolution – A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF SOUTHWEST RANCHES, FLORIDA, APPROVING A YEAR END BUDGET ADJUSTMENT FOR THE FISCAL YEAR 2012/2013 BUDGET; AND PROVIDING FOR AN EFFECTIVE DATE. 13. Resolution – A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF SOUTHWEST RANCHES, FLORIDA, APPROVING THE TOWN COUNCIL MEETING SCHEDULE FOR THE CALENDAR YEAR 2014; AND PROVIDING AN EFFECTIVE DATE. 14. Resolution – A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF SOUTHWEST RANCHES, FLORIDA, APPROVING THE TOWN HOLIDAY SCHEDULE FOR THE CALENDAR YEAR 2014; AND PROVIDING AN EFFECTIVE DATE. 15. Resolution – A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF SOUTHWEST RANCHES, FLORIDA, APPOINTING COUNCIL MEMBER AS THE NEW VICE MAYOR OF THE TOWN OF SOUTHWEST RANCHES; AND PROVIDING AN EFFECTIVE DATE. 16. Approval of Minutes a. 17. Minutes for October 24, 2013 – Council Meeting Adjournment PURSUANT TO FLORIDA STATUTES 286.0105, THE TOWN HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT FOR SUCH PURPOSE, THE AFFECTED PERSON 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 TO BE BASED. THIS NOTICE DOES NOT CONSTITUTE CONSENT BY THE TOWN FOR THE INTRODUCTION OR ADMISSION OF OTHERWISE INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW. RESOLUTION NO. 2014 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF SOUTHWEST RANCHES, FLORIDA, APPROVING AN AGREEMENT BETWEEN THE TOWN OF SOUTHWEST RANCHES AND THE TOWN OF DAVIE FOR THE DELIVERY OF POLICE SERVICES; AUTHORIZING THE MAYOR, TOWN ADMINISTRATOR AND TOWN ATTORNEY TO EXECUTE SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE THEREFOR. WHEREAS, both the Town of Southwest Ranches (“Ranches”) and the Town of Davie (“Davie”) are contiguous municipalities located within Broward County, Florida; and WHEREAS, Ranches and Davie are desirous of entering into an interlocal agreement, pursuant to 166.0495, Florida Statutes, whereby Davie would provide police services to Ranches; and WHEREAS, the provision of police services by an adjoining municipality through an interlocal agreement is in compliance with Section (2)(c), Article VIII, of the Florida Constitution; and WHEREAS, the provision of police services to a neighboring municipality within the same County, has been deemed to be a valid exercise of a municipality’s police powers by the Attorney General of the State of Florida; and WHEREAS, Ranches believes that the entering into this Interlocal Agreement is in the best interest, of the health, safety, and welfare of its residents; and WHEREAS, Davie believes that the entering into this Interlocal Agreement is in the best interest, of the health, safety, and welfare of its residents; and WHEREAS, the Ranches and Davie believe that the Interlocal Agreement and terms and conditions stated therein are mutually beneficial and that it is in the best interest of the public to enter into this Interlocal Agreement; 1 NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Southwest Ranches, Florida, as follows: Section 1. The above recitals are true and correct and are incorporated herein by reference. Section 2. The Town Council hereby approves the Interlocal Agreement between Town of Southwest Ranches and the Town of Davie for the delivery of police services, in substantially the same form as that attached hereto as Exhibit “A”. Section 3. The Town Council hereby authorizes the Mayor, Town Administrator and Town Attorney to enter into the Interlocal Agreement in substantially the same form as that attached hereto as Exhibit “A” and to make such modifications, additions and/or deletions which they deem necessary and proper to effectuate the intent of this Resolution. Section 4. Effective Date. immediately upon its adoption. This Resolution shall become effective PASSED AND ADOPTED by the Town Council of the Town of Southwest Ranches, Florida, this day of November, 2013, on a motion by and seconded by . Nelson Breitkreuz Jablonski Fisikelli McKay Ayes Nays Absent Abstaining [Signatures on Following Page] 2 ___________________________ Jeff Nelson, Mayor ATTEST: ______________________________________ Erika Gonzalez-Santamaria, CMC, Town Clerk Approved as to Form and Correctness: ______________________________ Keith M. Poliakoff, Town Attorney 11310448 3 Exhibit A Not Available at Time of Publication Agreement Pending Final Review Town of Southwest Ranches 13400 Griffin Road Southwest Ranches, FL 33330-2628 Town Council Jeff Nelson, Mayor Steve Breitkreuz, Vice Mayor Doug McKay, Council Member Freddy Fisikelli, Council Member Gary Jablonski, Council Member (954) 434-0008 Town Hall (954) 434-1490 Fax Andy Berns, Town Administrator Keith M. Poliakoff, Town Attorney Erika Gonzalez-Santamaria, CMC, Town Clerk Martin D. Sherwood, CPA CGFO, Town Financial Administrator COUNCIL MEMORANDUM TO: Honorable Mayor Nelson and Town Council THRU: Andy Berns, Town Administrator FROM: The Mellgren Planning Group DATE: November 5, 2013 SUBJECT: BELLA ACRE ESTATES PLAT DELEGATION REQUEST APPLICATION NO. DE-018-13 Recommendation 1. The Council could choose to deny this application finding that the applicant has failed to show by competent substantial evidence that they have met the requirements of the ULDC. 2. The Council could choose to approve this item finding that the applicant has shown by competent substantial evidence that they have met the requirements of the ULDC. 3. The Council could table this item to seek additional information. 4. The Council could choose to approve this item with conditions, such as the conditions recommended in the staff report. Issue The applicant is seeking approval to make the following modifications to the approved Bella Acre Estates Plat and associated conditions of approval: 1. Approval to eliminate the requirement for a left turn lane on SW 172nd Avenue. The Town’s speed limit reduction on SW 172nd no longer mandates construction of a turn lane. 2. Approval for a temporary opening in the Non Vehicular Access Line along SW 172nd Avenue to allow for a temporary driveway to provide initial access to the construction/sales office trailer. This request is associated with accompanying site plan modification requests (SP-54-13) for a construction/sales office trailer, 1 and a temporary driveway onto SW 172nd Avenue until the internal subdivision street is completed and a new access to the trailer is provided from same. Background The Bella Acre Estates Plat was approved by Town Council in December, 2005 for eight (8) homes on 8.7 acres. The original developer encountered financial difficulty and essentially abandoned the project before constructing the internal street, drainage infrastructure and other improvements. A single residence was built to approximately 90 percent completion, but cannot be issued a Certificate of Occupancy without the improvements first being completed. The Town placed several liens on the property for unpaid code enforcement fines that accrued under previous owners, all of which the new owner has paid. Fiscal Impact N/A Staff Contact Jeff Katims, AICP, CNU-A, Deputy Town Planner 2 TOWN OF SOUTHWEST RANCHES TOWN COUNCIL AGENDA REPORT November 14, 2013 Council Meeting SUBJECT: Delegation Request Application DE-018-13; Bella Acre Estates Plat LOCATION: Generally located on the east side of 172nd Avenue, 290 feet south of SW 49th Street. OWNER/ PETITIONER: Bella CES, LLC 3921 SW 47th Avenue, Suite 1013 Fort Lauderdale, FL 33314 LAND USE PLAN DESIGNATION: RE—Residential, 1 DU/Acre ZONING: RE—Rural Estate PUBLIC NOTICE: 191 Mail notices and an ad in Miami Herald EXHIBITS: Plat, aerial photograph, notification map and mailing label list, Lobbyist Registration and Ethics Form BACKGROUND AND ANALYSIS The Town Council approved the Bella Ranch Estates Plat on December 8, 2005, via Resolution No. 2006-020. The plat consists of eight (8) single-family residential lots fronting a private cul-de-sac street situated on 8.72 acres. The plat is located along the east side of SW 172nd Avenue, approximately 300 feet south of SW 49th Street. Site Plan Amendment Application No. SP-54-13 accompanies this request. PLAT MODIFICATION REQUESTS The petitioner is requesting a modifications to the recorded plat and a modification to a condition of plat approval, as follows. Request 1. The first request is to eliminate the requirement for constructing a left turn lane into the development. The turn lane was a requirement of Broward County as a condition of plat approval because the speed limit at that time was 35 miles per hour 1 or greater. Subsequent to plat approval, the Town reduced the speed limit on SW 172nd Avenue to 30 miles per hour and added traffic calming devices. The Broward County Land Development Code does not require left turn lane on a Trafficways with a speed limit of less than 35 mile per hour. The applicant is requesting that the Town Council pass a resolution stating that it has no objection to the removal of the left turn lane. The Broward County Commission must ultimately authorize the elimination of the turn lane requirement. Request 2. The second request is to modify the Non-Vehicular Access Line (NVAL) along SW 172nd Avenue on a temporary basis to allow for a driveway that serves a construction and sales trailer that is the subject of site plan modification request Application No. SP-54-13. Once the internal subdivision street is constructed, the developer will be required to remove this temporary driveway, pursuant to the staff recommendation for approval of Application No. SP-54-13. Staff has no objection to this request. RECOMMENDATION 1. The Council could choose to deny this application finding that the applicant has failed to show by competent substantial evidence that they have met the requirements of the ULDC. 2. The Council could choose to approve this item finding that the applicant has shown by competent substantial evidence that they have met the requirements of the ULDC. 3. The Council could table this item to seek additional information. 4. The Council could choose to approve this item with conditions such as: a) The temporary NVAL opening shall expire March 31, 2015. b) Applicant shall pay to the Town of Southwest Ranches an amount equal to the total expenses incurred by the Town in the processing and finalizing of this site plan, including, but may not be limited to, expenses for engineering, planning, legal, advertising, five (5) percent administrative fee, and any related expenses that the Town has or will incur as a direct cost of this application. 2 Application No. DE-18-13 3 November 14, 2013 Mailed on November 5, 2013 PLEASE TAKE NOTICE OF A QUASI-JUDICIAL PUBLIC HEARING THAT WILL BE CONDUCTED TO CONSIDER SITE PLAN MODIFICATION AND DELEGATION REQUEST APPLICATIONS THAT HAVE BEEN FILED. INFORMATION IS AS FOLLOWS: Applicant: Bella CES, LLC Location: Generally located on the east side of 172nd Avenue, approx. 300 feet south of SW 49th Street (see attached location map). Application(s): SP-054-13 and DE-018-13 Request: SP-054-13. The applicant is proposing to shift the location of a portion of the perimeter fence and landscaping along SW 172nd Avenue for logistical reasons, increase the height of the entrance feature by one (1) foot, install a construction/sales office trailer, and change the street name from “Bella Drive” to “Reserve Court”. DE-018-13. The applicant is proposing to eliminate the left turn lane requirement on SW 172nd Avenue and to allow for temporary access from SW 172nd Avenue to the construction/sales office trailer. This matter will be considered by the Town of Southwest Ranches Town Council at an advertised public hearing that will be conducted as follows: Date: Thursday, November 14, 2013 Location of Hearing: Southwest Ranches Town Hall Council Chambers 13400 Griffin Road Southwest Ranches, FL 33330 Time: 7:00 p.m. Applications and backup material shall be available for inspection at the Town Clerk’s office one (1) week prior to the meeting, within normal business hours. The Public may appear and be heard at the meeting, subject to proper rules of conduct. The hearing may be continued from time to time as necessary. Any written comments filed with the Town will be entered into the record. Any decision made by the Town Council may be appealed; appeal of the Town Council’s decision shall be by petition for Writ of Certiorari to the circuit court pursuant to the Florida Rules of Civil Procedure, within thirty (30) days of the rendition of the Town Council’s findings. Any person who decides to appeal a decision made at the public hearing is advised they will need a record of the proceedings and accordingly, may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which such appeal is to be based. Persons with disabilities requiring accommodations in order to participate should contact the Town Clerk at (954) 434-0008 at least twenty-four (24) hours in advance of the public hearing to request such accommodation. 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SONTHONAX,LIN & SOOY,KARLA J SOUTAR-FREEMAN,BETTY MAE H/E SOUTH BROWARD DRAINAGE DISTRICT SPATAFORA,SALVATORE III SPRECHMAN,DAVID & STADTHAGEN,MICHELE STANDER,ALAN E & NINA A STATLER,ANN & STRIGHT,WALTER B H/E SUNDY,WILLIAM L & TAPOROWSKI,BRETT V & ALANE K TERRY,ANDREW J JR LE TIERNEY,RICHARD W JR & KIM E TIME 48 INC TORRES,JULIO CESAR & BETANIA TOWN OF SOUTHWEST RANCHES VALLINA,MANUEL O & MARYBET VEGA,VIVIAN M VELEZ,LEON JAIRO VILLARREAL,ANA J & VIRATA,HAYDEE WACHTEL,YEHUDA WESTBROOK,MATTHEW WHITE,MICHAEL B & BETTY J WILLIAMS,HILDA J RUIZ,RASIEL SIERRA,JOSE SONTHONAX,IRVELINE POITEVIEN LEWIS,ROBERT E FREEMAN,MICHAEL SPRECHMAN,DEBBY STADTHAGEN,THOMAS STATLER,JERRY STRIGHT,PATRICIA E H SUNDY,CATHERINE M ETAL TERRY,LILA T LE TIERNEY FAM TR BERRIO,FRANCY JANET JARAMILLO,SILVIA BLANCO,WILFREDO A Address 17400 SW 48TH ST 4921 SW 170 AVE 5310 SW 172 AVE 950 NAUTICA DR 4711 SW 168TH AVE 4800 SW 172 AVE 4820 SW 172 AVE 17521 SW 52 CT 17421 SW 48 ST 10350 PARK MEADOWS DR 4920 SW 168 AVE 16810 SW 52 PL 5100 SW 170 AVE 5110 THOROUGHBRED LANE 5101 SW 167 AVE 4901 SW 173RD WAY 5050 SW 168TH AVE 17004 GRIFFIN ROAD 17060 SW 49TH ST 16740 SW 52ND PL 16710 SW 52 PL 17001 SW 48TH ST 5031 SW 168TH AVE 115 S ANDREWS AVE RM 326 17401 SW 54TH ST 17250 SW 52 CT 4810 SW 172 AVE 4437 NW 93 DORAL CT 17121 SW 54 ST 5210 SW 167 AVE 950 NAUTICA DR 5101 SW 173 WAY 5001 SW 168 AVE 5300 SW 172 AVE 4840 SW 172 AVE 5011 SW 168 AVE 17019 SW 49 ST 5001 SW 170TH AVE 4980 SW 158 AVE 5031 SW 167 AVE 5131 SW 167 AVE 16830 SW 52 PL 4800 SW 170 AVE 5021 SW 170 AVE 4560 SW 170TH AVE 4830 SW 170 AVE 5240 SW 172 AVE 6851 FEARN DR 4801 SW 168 AVE City, State, Zip SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 WESTON FL 33327 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 LITTLETON CO 80124 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 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SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 PEMBROKE PINES FL 33029 PARRISH FL 34219 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 DAVIE FL 33325 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 DAVIE FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 HOLLYWOOD FL 33027 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 16750 SW 48 ST 4930 SW 168 AVE 16700 SW 52 PL 1900 NE 22 TER 4621 SW 170 AVE 17041 SW 48 ST 17251 SW 52 CT 4901 SW 167 AVE 16760 SW 48TH ST 17327 SW 54TH ST 17080 SW 49TH ST 17201 SW 48 ST 5220 SW 172ND AVE 5120 SW 172ND AVE 4841 SW 168 AVE 5120 SW 170 AVE 4620 SW 172 AVE 17100 SW 48 ST 4970 SW 170 AVE 6591 SW 160 AVE 5011 SW 170 AVE 16730 SW 52 PL 15042 SW 17TH ST 19440 SW 2ND ST 5030 SW 168 AVE 17101 SW 48TH ST 4825 SW 170TH AVE 5001 SW 167 AVE 4900 SW 172 AVE 17041 SW 49 ST 998 NE 167 ST 5041 SW 170 AVE 13400 GRIFFIN RD 5121 SW 170 AVE 5110 SW 173 WAY 17320 SW 48 ST 7791 NW 46 ST STE 421 5030 SW 170 AVE 5050 SW 178 AVE 5040 SW 168 AVE 16741 SW 49TH ST 4830 SW 172ND AVE SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 FORT LAUDERDALE FL 33305 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 DAVIE FL 33326 PEMBROKE PINES FL 33029 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 MIAMI FL 33162 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33330 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 DORAL FL 33166 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 Town of Southwest Ranches 13400 Griffin Road Southwest Ranches, FL 33330-2628 Town Council Jeff Nelson, Mayor Steve Breitkreuz, Vice Mayor Doug McKay, Council Member Freddy Fisikelli, Council Member Gary Jablonski, Council Member (954) 434-0008 Town Hall (954) 434-1490 Fax Andy Berns, Town Administrator Keith M. Poliakoff, Town Attorney Erika Gonzalez-Santamaria, CMC, Town Clerk Martin D. Sherwood, CPA CGFO, Town Financial Administrator COUNCIL MEMORANDUM TO: Honorable Mayor Nelson and Town Council THRU: Andy Berns, Town Administrator FROM: The Mellgren Planning Group DATE: November 5, 2013 SUBJECT: RESERVE AT THE RANCHES, A.K.A. BELLA ACRE ESTATES SITE PLAN MODIFICATION APPLICATION SP-054-13 Recommendation 1. The Council could choose to deny this application finding that the applicant has failed to show by competent substantial evidence that they have met the requirements of the ULDC. 2. The Council could choose to approve this item finding that the applicant has shown by competent substantial evidence that they have met the requirements of the ULDC. 3. The Council could table this item to seek additional information. 4. The Council could choose to approve this item with conditions, such as the conditions recommended in the staff report. Issue The applicant is seeking approval to make the following minor modifications to the approved Bella Acre Estates site plan: 1. Approval of a temporary construction and sales office trailer on Lot 1. 2. Approval to shift the perimeter fence and landscaping along SW 172nd Avenue approximately 12 feet to the west (i.e. closer to SW 172nd Avenue), instead of the current 17-foot setback. 3. Slightly enlarge the entrance feature by increasing the overall height from five (5) feet to six (6) feet. 1 4. Change the name of the street within the subdivision from “Bella Drive” to “Reserve Court” to reflect the new name of the community, “The Reserve at the Ranches.” Background The Bella Acre Estates site plan was approved by Town Council in December, 2007 for eight (8) homes on 8.7 acres. The original developer encountered financial difficulty and essentially abandoned the project before constructing the internal street, drainage infrastructure and other improvements. A single residence was built to approximately 90 percent completion, but cannot be issued a Certificate of Occupancy without the improvements first being completed. The Town placed several liens on the property for unpaid code enforcement fines that accrued under previous owners, all of which the current owners have paid. Fiscal Impact N/A Staff Contact Jeff Katims, AICP, CNU-A, Deputy Town Planner 2 TOWN OF SOUTHWEST RANCHES TOWN COUNCIL AGENDA REPORT November 14, 2013 Council Meeting SUBJECT: Site Plan Amendment Application SP-054-13; Reserve at the Ranches, a.k.a. Bella Acre Estates LOCATION: Generally located on the east side of 172 nd Avenue, 290 feet south of SW 49th Street. OWNER/ PETITIONER: Bella CES, LLC 3921 SW 47th Avenue, Suite 1013 Fort Lauderdale, FL 33314 LAND USE PLAN DESIGNATION: RE—Residential, 1 DU/Acre ZONING: RE—Rural Estate PUBLIC NOTICE: 191 mail notices, an ad in the Miami Herald and on-site sign posting EXHIBITS: Amended site plan sheets, temporary signage elevations, aerial photograph, notification map and mailing label list, and Lobbyist Registration and Ethics Form BACKGROUND AND ANALYSIS The Town Council approved the Bella Ranch Estates Site Plan on December 13, 2007, via Resolution No. 2008-027. The site plan consists of eight (8) single-family residential lots fronting a private cul-de-sac street situated on 8.72 acres. The site is located along the east side of SW 172nd Avenue, approximately 300 feet south of SW 49th Street. Construction of one (1) home on Lot 6 commenced in 2008 under the original developer. Although the home is substantially complete, the Town has withheld issuing a Certificate of Occupancy because the original developer abandoned the project and did not undertake construction of Bella Drive and other improvements that are required pursuant to the site plan and plat approvals. The lender foreclosed on the mortgage in January, 2009, and the property changed hands twice before being acquired by the current owner. SITE PLAN MODIFICATION REQUESTS The petitioner is requesting four (4) modifications to the approved site plan. 1 Request 1. The first request is to place a temporary construction office/sales trailer with parking facility and landscaping on Lot 1 (see attached temporary trailer location and landscaping plan). Section 045-030 of the Unified Land Development Code (ULDC) permits a temporary trailer during the construction of residential subdivisions of two (2) or more lots. The prerequisites for placement of the trailer and timeframe for removal of the trailer are also governed by this section, and are listed as conditions of approval at the end of this report. The proposed trailer location has a 114-foot setback from SW 172nd Avenue and 91 feet from the adjacent property to the north. Both setbacks exceed the minimum requirements of 50 feet and 25 feet, respectively. Landscaping for the trailer area will include 15 Cuban Royal Palms, 5 Live Oaks, and 2 Date Palms. The trailer will be screened from SW 172nd Avenue by three rows of trees and a hedge that will be part of the permanent landscaping for the development. The applicant has also filed an accompanying application to amend the Non-Vehicular Access Line (NVAL) on the plat to allow the temporary driveway opening onto SW 172 nd Avenue. Upon construction of the internal street for the subdivision, the developer will remove the driveway from SW 172nd Avenue and open a new, temporary driveway onto the internal street. Sales center signage for the trailer is regulated by ULDC Section 070110, which allows one (1) sign not more than seven (7) feet in height and 32 square feet in area. The proposed sales center signage is attached. Request 2. The second request is to relocate the future five (5)-foot perimeter fence closer to the property line along SW 172nd Avenue. The approved site plan shows the portion of the fence north of the subdivision entrance encroaching into the side yard of Lot 1, which although a corner lot, is a standard-sized lot that is not wider than the interior lots. The approved fence location is seventeen (17) feet from the SW 172nd Avenue rightof-way, to the rear of a perimeter hedge and Live Oak Trees. The proposed modification would relocate the fence, hedge and ten (10) Live Oak Trees approximately ten to twelve (10-12) feet to the west. The fence and landscaping relocation plan is attached. It is noted that the fence was originally set back seventeen (17) feet from the 172nd Avenue right-of-way in order to line up with the fence and landscaping on the south side of the entrance drive, where the property line is twelve (12) feet further east to accommodate a possible right turn lane. The right turn lane is no longer being required by Broward County. The relocated fence and landscaping will not in any way interfere with the SW 172nd Avenue multi-use trail and associated landscaping within the right-of-way, and the Live Oaks will maintain close to thirty (30) feet of separation from power lines in the rightof-way, part of which the developer will move underground. Request 3. The third request is to slightly enlarge the portion of the entrance feature that can be used for signage, from three (3) feet in height to four (4) feet in height in order to better accommodate the new name of the development in two (2) lines of copy. The proposed modification will still result in a smaller sign area than permitted by the Town’s ULDC. The proposed entrance feature elevation is attached. 2 Request 4. The final request is to change the name of the internal street from Bella Drive to Reserve Court. RECOMMENDATION 1. The Council could choose to deny this application finding that the applicant has failed to show by competent substantial evidence that they have met the requirements of the ULDC. 2. The Council could choose to approve this item finding that the applicant has shown by competent substantial evidence that they have met the requirements of the ULDC. 3. The Council could table this item to seek additional information. 4. The Council could choose to approve this item with conditions such as the following, all of which shall be satisfied prior to issuance of the first building permit unless otherwise specified: Drainage and road improvements 1. Within fifteen (15) business days of the date of approval of Application No. SP054-13, and prior to the issuance of any building permit, owner shall record a declaration of restrictive covenants that has been approved by the Town Attorney, acknowledging that the owner must construct or cause the construction of all paving and drainage improvements required by the Town, and that said improvements must be found acceptable by the Town Engineer prior to the issuance of any building permit, except as follows. Failure to comply with this condition with the prescribed period shall render the approval of SP-054-13 null and void. a. The Town may issue a building permit for the completion of the existing dwelling on Lot 6, provided that the Town will not issue a Certificate of Occupancy until the aforementioned improvements have been completed and approved by the Town. If the Florida Building Code has changed since the initial construction has begun, the Applicant shall bring the home into compliance with today’s standards..; Trailer and temporary driveways 2. Obtain a building permit for completion of the existing single-family dwelling prior to issuance of the building permit for the construction/sales trailer. 3. Remove the existing asphalt driveway at north end of the property prior to issuance of a Certificate of Occupancy for the trailer. 4. Install all required perimeter and street landscaping shown on the approved site plan along SW 172nd Avenue within 120 calendar days of the date the building permit is issued for the trailer. Prior to issuance of a building permit for the trailer, provide a letter of credit acceptable to the Town Attorney for the cost of removing the trailer should the landscaping not be installed and pass Town inspection within the 120 day period. 3 5. The trailer, parking area improvements, sales office signage and temporary project sign shall be removed within ten (10) calendar days of the date that a building permit is issued for the final dwelling unit. 6. Town Council approval of Application DE-18-03, and County Commission approval and subsequent recordation of temporary vehicular access agreement are required prior to temporary SW 172nd Avenue driveway construction. Driveway shall be removed the earlier of March 31, 2015, or within thirty (30) calendar days after the trailer site has approved driveway access from the completed internal street, whichever is sooner. Homeowner Association (HOA) 7. Developer shall provide final HOA documents to the Town Attorney for review and approval prior to recordation. 8. Pursuant to an unfulfilled condition of the original site plan approval, owner shall record an agreement deemed acceptable by Town Attorney allowing police access and citation authority, and access by Town officials and agents in the course of official duties. 9. Owner shall record an agreement deemed acceptable by the Town Attorney obligating the HOA to maintain the multi-use trail and landscaping in the rightof-way adjacent to the plat, and shall indemnify the Town for any liability resulting from landscaping within the right-of-way. 10. HOA documents shall not restrict the keeping of horses or animals except as restricted by the ULDC. Further, HOA documents shall specifically advise potential purchasers that the community cannot be gated, in accordance with the Town’s Comprehensive Plan. Miscellaneous 11. A tree removal permits is required prior to removal of any tree. 12. Update and provide all plan sheets necessary to reflect relocated fence, perimeter hedge and Live Oak Trees. 13. Applicant shall pay to the Town of Southwest Ranches an amount equal to the total expenses incurred by the Town in the processing and finalizing of this site plan, including, but may not be limited to, expenses for engineering, planning, legal, advertising, five (5) percent administrative fee, and any related expenses that the Town has or will incur as a direct cost of this application. 4 Site Location Map Bella Acre Estates /Reserve at the Ranches Site Plan Amendment SUBJECT SITE Scale: 1” = 750 feet 5 B A S I GNS5 ’ S E TBACKT OPROPE RTYL I NE 3’4” AN ELLISH-SPEAR COMMUNITY 6’ 4’8” 954.915.8011 REPRESENTED BY: THE HOPKINS TEAM www.reserveattheranches.com POST: 4”x4” 3’4” AN ELLISH-SPEAR COMMUNITY 6’ 4’8” SALES CENTER POST: 4”x4” November 14, 2013 Mailed on November 5, 2013 PLEASE TAKE NOTICE OF A QUASI-JUDICIAL PUBLIC HEARING THAT WILL BE CONDUCTED TO CONSIDER SITE PLAN MODIFICATION AND DELEGATION REQUEST APPLICATIONS THAT HAVE BEEN FILED. INFORMATION IS AS FOLLOWS: Applicant: Bella CES, LLC Location: Generally located on the east side of 172nd Avenue, approx. 300 feet south of SW 49th Street (see attached location map). Application(s): SP-054-13 and DE-018-13 Request: SP-054-13. The applicant is proposing to shift the location of a portion of the perimeter fence and landscaping along SW 172nd Avenue for logistical reasons, increase the height of the entrance feature by one (1) foot, install a construction/sales office trailer, and change the street name from “Bella Drive” to “Reserve Court”. DE-018-13. The applicant is proposing to eliminate the left turn lane requirement on SW 172nd Avenue and to allow for temporary access from SW 172nd Avenue to the construction/sales office trailer. This matter will be considered by the Town of Southwest Ranches Town Council at an advertised public hearing that will be conducted as follows: Date: Thursday, November 14, 2013 Location of Hearing: Southwest Ranches Town Hall Council Chambers 13400 Griffin Road Southwest Ranches, FL 33330 Time: 7:00 p.m. Applications and backup material shall be available for inspection at the Town Clerk’s office one (1) week prior to the meeting, within normal business hours. The Public may appear and be heard at the meeting, subject to proper rules of conduct. The hearing may be continued from time to time as necessary. Any written comments filed with the Town will be entered into the record. Any decision made by the Town Council may be appealed; appeal of the Town Council’s decision shall be by petition for Writ of Certiorari to the circuit court pursuant to the Florida Rules of Civil Procedure, within thirty (30) days of the rendition of the Town Council’s findings. Any person who decides to appeal a decision made at the public hearing is advised they will need a record of the proceedings and accordingly, may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which such appeal is to be based. Persons with disabilities requiring accommodations in order to participate should contact the Town Clerk at (954) 434-0008 at least twenty-four (24) hours in advance of the public hearing to request such accommodation. FOR THE TOWN OF SOUTHWEST RANCHES, ELIZABETH TSOUROUKDISSIAN THE MELLGREN PLANNING GROUP Phone: (954) 475-3070, ext. 803 BCPA_TAX_1 504030000120 504032020126 504032020067 504031010043 504029010382 504029010420 504029010410 504031010032 504030020010 504032020175 504032020159 504032110040 504032020179 504032160030 504032020076 504031010045 504032020153 504029010449 504032020123 504032110050 504032080060 504029010436 504032020166 504029010446 504031010048 504031010024 504029010422 504032180080 504032020064 504032020021 504031010018 504031010055 504032020168 504032020066 504029010413 504032020169 504029010415 504032020128 504032020060 504032020075 504032020078 504032110020 504029010421 504032020130 504029010438 504029010417 504032120020 504031010040 504029010393 Name BCPA_TAX_3 ADILI,MIRMOHAMMAD & SUAREZ,DONNA L ADLER,MARIO AGUDEL,MARIBEL H/E MEJIA,JUAN DIEGO AGUDELO,CLARA CARDENAS,LUIS E ALEGRET,JORGE R & EYDA L AMIN,MOHAMED FEROZE SINGH,KALAWATIE AMY,JOSEPH C PALACIOS,ANDREA 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RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 DAVIE FL 33326 PEMBROKE PINES FL 33029 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 MIAMI FL 33162 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33330 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 DORAL FL 33166 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 SOUTHWEST RANCHES FL 33331 Town of Southwest Ranches 13400 Griffin Road Southwest Ranches, FL 33330-2628 (954) 434-0008 Town Hall (954) 434-1490 Fax Town Council Jeff Nelson, Mayor Steve Breitkreuz, Vice Mayor Freddy Fisikelli, Council Member Gary Jablonski, Council Member Doug McKay, Council Member Andy Berns, Town Administrator Keith M. Poliakoff, Town Attorney Erika Gonzalez-Santamaria, CMC, Town Clerk Martin D. Sherwood, CPA, CGMA, CGFO, Town Financial Administrator COUNCIL MEMORANDUM TO: Honorable Mayor Nelson and Town Council THRU: Andy Berns, Town Administrator FROM: Martin D. Sherwood, CPA, CGMA, CGFO Town Financial Administrator DATE: November 14, 2013 SUBJECT: FY 2012 / 2013 Year-end Budget Adjustment Recommendation It is recommended that the Town Council adopt the attached resolution adjusting the FY 12/13 Town Budget as presented to prevent Departmental expenditures from exceeding budgeted approved Departmental appropriations. Background/Issue Each municipality within the State of Florida is required by State Statute to adopt a balanced budget through a formal public process and to not exceed the appropriations adopted through that process. For the Town of Southwest Ranches, the level for assessing expenditures and appropriations is at the Fund and Departmental levels. None of the Towns five funds (General, Transportation, Capital Projects, Debt Service or Solid Waste) had expenditures that exceeded their adopted budget which would result in a violation of State Statute. Additionally, during this first full fiscal year that a formal budget was ratified, the Southwest Ranches Volunteer Fire Rescue, Inc. (a financial reporting component unit) also did not exceed its adopted budget. However, while none of the funds exceeded budget, a couple of the individual Departments did exceed their approved budgets. For each of those Departments the Town, in accordance with its charter, needs to adjust the impacted departmental budgets. Adoption of the attached resolution and exhibit A “cleans up” the FY 12/13 budget for Town charter compliance. Fiscal Impact/Analysis Four of the five Town funds need no revision as no allocation centers (Departments) exceeded budget. The only fund which needs to be addressed is the General Fund. In that fund, two departments exceeded their appropriations. Those departments are: 1) Town Attorney, 2) Building - Permitting Services. The Town Attorney’s expenditures were exceeded due to unusual, extraordinary and unanticipated litigation on behalf of the Town ($53,400). The Building - Permitting Services Department expenditures were primarily exceeded due to regulatory and contractual costs associated with additional permitting ($29,350). These expenses are offset by increased revenues received. Fortunately, most revenue collected and accounts receivables pertaining to revenues also exceeded budgetary expectations. By adjusting for these unexpected increases or decreases in advalorum taxes ($14,869), utility taxes ($23,389), franchise fees ($78,001), communication services taxes ($13,221), building – permitting fees ($89,674), In-house engineering fees ($19,033), and code enforcement recoveries ($9,852), tree inventory ($138,848), the above mentioned departmental expenditures are balanced and the General Fund unassigned Fund Balance (reserves) are left intact. Therefore, this resolution increases the current total budget of the General Fund for Fiscal Year 2012 / 2013 by $82,750 without the need to use any General Fund unassigned Fund Balance (reserves). On a final note, unrelated to the budgeting resolution presented above, the unaudited General Fund net change in fund balance (a/k/a: surplus/excess of revenues over expenditures/increase to reserves) is in excess of $450,000 as of agenda date. Staff Contact Martin D. Sherwood, CPA, CGMA, CGFO Town Financial Administrator Peter Brill, Controller RESOLUTION NO. 2014 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF SOUTHWEST RANCHES, FLORIDA, APPROVING A YEAR END BUDGET ADJUSTMENT FOR THE FISCAL YEAR 2012/2013 BUDGET; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 1, 2012, pursuant to Ordinance No. 2012-09, the Town Council approved and adopted the fiscal year 2012/2013 budget; and WHEREAS, State law and the Town’s Ordinance adopting the fiscal year 2012/2013 budget provides for the adjustment of the approved and adopted Budget Ordinance via a Resolution; and WHEREAS, the Town of Southwest Ranches operates as a municipality within the State of Florida and is subject to the laws of the State of Florida related to Municipal Finance; and WHEREAS, one such provision of law prohibits the expenditure of funds in excess of adopted appropriations; and WHEREAS, in accordance with the External Auditor requirements, and sound budgetary process, year-end budget adjustments are necessary within 60 days of fiscal year end in order to balance the Fiscal Year (FY) 2012/2013 Budget to comply with Florida State Statutes and WHEREAS, The Town Council has determined that it is desirable to adjust the Fiscal Year 2012/2013 Adopted Budget to account for variances in actual expenditures and revenues in relation to the current Fiscal Year 2012/ 2013 budget, NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Southwest Ranches, Florida: Section 1: Recitals. The above recitals are true and correct and are incorporated herein by reference. Section 2: Authorization. The Town Council of the Town of Southwest Ranches does hereby approve the year-end budget adjustment for Fiscal Year 2012/ 2013 as attached hereto and incorporated herein by reference as Exhibit “A”. Section 3: Effective Date. This Resolution shall become immediately upon its adoption and retroactive for Budget Year 2012/2013. 1 effective PASSED AND ADOPTED by the Town Council of the Town of Southwest Ranches, Florida, this day of November, 2013 on a motion by and seconded by . Nelson Fisikelli _______ _______ Ayes Nays _______ _______ Breitkreuz _______ Absent _______ Jablonski McKay _______ _______ ________________________________ Jeff Nelson, Mayor ATTEST: ________________________________ Erika Gonzalez-Santamaria, CMC, Town Clerk Approved as to Form and Correctness: ________________________________ Keith M. Poliakoff, J.D., Town Attorney 11310563 2 Town Attorney Building - Permitting General Fund Department Advalorum Taxes Utility Taxes Franchise Fees Communication Svcs Taxes Building - Permiting Fees In-house Engineering Fees Code Enforcement Recoveries Tree Inventory General Fund Revenue 385,000 238,000 FY 12/13 Current Budget 4,074,912 630,000 492,200 388,000 275,000 15,000 175,000 0 FY 12/13 Current Budget $4,089,781 $653,389 $570,201 $374,779 $364,674 $34,033 $184,852 ($138,848) $438,400 Unusual, Extraordinary, and Unanticipated Litigation $267,350 Permit Processing Costs Offset By Increased Revenues Explanation $82,750 Total increase to expenditures 53,400 29,350 Budget FY 12/13 ChangeRevised Increase/ Current (Decrease) Budget Explanation Unanticipated Collections Unanticipated Collections Unanticipated Collections Collections less than anticipated Town permitting higher than anticipated In-house Engineering fees higher than anticipated Code enforcement recoveries higher than anticipated Asset no longer considered resaleable $82,750 Total increase to revenues 14,869 23,389 78,001 (13,221) 89,674 19,033 9,852 (138,848) Budget FY 12/13 ChangeRevised Increase/ Current (Decrease) Budget TOWN OF SOUTHWEST RANCHES FYE 2012 / 2013 BUDGET ADJUSTMENTS EXHIBIT A Town of Southwest Ranches 13400 Griffin Road Southwest Ranches, FL 33330-2628 Town Council Jeff Nelson, Mayor Steve Breitkreuz, Vice Mayor Doug McKay, Council Member Freddy Fisikelli, Council Member Gary Jablonski, Council Member (954) 434-0008 Town Hall (954) 434-1490 Fax Andrew D. Berns, Town Administrator Keith M. Poliakoff, Town Attorney Erika Gonzalez-Santamaria, CMC, Town Clerk Martin D. Sherwood, CPA CGFO, Town Financial Administrator COUNCIL MEMORANDUM TO: Honorable Mayor Nelson and Town Council THRU: Andy Berns, Town Administrator FROM: Erika Santamaria, CMC, Town Clerk DATE: November 8, 2013 SUBJECT: Town Council Meeting Schedule for Calendar Year 2014 Recommendation: Town Staff is requesting Town Council’s consideration and approval of the Council Meeting Schedule presented for 2014. Issue: Section 4.01 of the Town Charter requires the Council to hold at least 11 monthly meetings in each fiscal year. Special meetings may be held on the call of the Mayor or upon the call of three members of the Council. Background: Currently, the meetings are held the second and fourth Thursday of each month with one meeting held in January, November and December. Fiscal Impact: No impact. Staff Contact: Andy Berns, Town Administrator Erika Santamaria, CMC, Town Clerk RESOLUTION NO. 2014 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF SOUTHWEST RANCHES, FLORIDA, APPROVING THE TOWN COUNCIL MEETING SCHEDULE FOR THE CALENDAR YEAR 2014; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Article IV, Section 4.0.1 (a) of the Charter of the Town of Southwest Ranches provides that the Town Council shall hold at least eleven (11) monthly meetings each year; and WHEREAS, in an attempt to have some consistency with its meeting dates, when conflicts do not exist, the Town desires to have regular meetings on the second and fourth Thursday of the month; and WHEREAS, the Town Council has the authority to establish additional meetings and to change meetings dates as may be necessary. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Southwest Ranches, Florida: Section 1: The above-referenced recitals are true and correct and are incorporated herein by reference. Section 2: The Town Council hereby approves the meeting schedule, attached hereto and incorporated herein by reference as Exhibit “A”, for the Town Council meetings for calendar year 2014. Section 3: The Town Council reserves the right to amend this Resolution to establish additional meetings and to change meetings dates as may be necessary. Section 4: Nothing stated herein shall be interpreted to prevent special meetings to be called in accordance with the Town’s Charter. Section 5: This Resolution shall become effective immediately upon its adoption. 1 PASSED AND ADOPTED by the Town Council of the Town of Southwest Ranches, Florida, this day of November 2013, on a motion by __________ and seconded by _________________. Nelson Fisikelli Breitkreuz Jablonski McKay ____ ____ ____ ____ ____ Ayes Nays Absent ____ ____ ____ Jeff Nelson, Mayor Attest: _________________________________ Erika Gonzalez-Santamaria, CMC, Town Clerk Approved as to Form and Correctness: _________________________________ Keith M. Poliakoff, J.D., Town Attorney 11310536 2 Exhibit A Regular Town Council Meetings to be held at 7:00 PM on the SECOND and FOURTH THURSDAY each month. JANUARY 23 FEBRUARY 13, 27 MARCH 13, 27 APRIL 10, 24 MAY 8, 22 JUNE 12, 26 JULY 10, 24 AUGUST 14, 28 SEPTEMBER 4, 18 (Meeting dates changed due to holiday) OCTOBER 9, 23 NOVEMBER 13 DECEMBER 11 3 Town of Southwest Ranches 13400 Griffin Road Southwest Ranches, FL 33330-2628 Town Council Jeff Nelson, Mayor Steve Breitkreuz, Vice Mayor Doug McKay, Council Member Freddy Fisikelli, Council Member Gary Jablonski, Council Member (954) 434-0008 Town Hall (954) 434-1490 Fax Andrew D. Berns, Town Administrator Keith M. Poliakoff, Town Attorney Erika Gonzalez-Santamaria, CMC, Town Clerk Martin D. Sherwood, CPA CGFO, Town Financial Administrator COUNCIL MEMORANDUM TO: Honorable Mayor Nelson and Town Council THRU: Andy Berns, Town Administrator FROM: Erika Santamaria, CMC, Town Clerk DATE: November 8, 2013 SUBJECT: Town Holiday Schedule for Calendar Year 2014 Recommendation: Town Staff is requesting Town Council’s consideration and approval of the Town holiday schedule for calendar year 2014. Issue: 2014 holiday schedule is consistent with the 2013 holiday schedule. Background: These holidays are consistent with the local and federal government schedules for calendar year 2014. Fiscal Impact: No Impact. Staff Contact: Andy Berns, Town Administrator Erika Santamaria, CMC, Town Clerk RESOLUTION NO. 2014 – A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF SOUTHWEST RANCHES, FLORIDA, APPROVING THE TOWN HOLIDAY SCHEDULE FOR THE CALENDAR YEAR 2014; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council desires to establish an official 2014 holiday schedule for the Town of Southwest Ranches; and WHEREAS, the Town’s administrative offices shall be closed in observance of the holidays delineated below. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Southwest Ranches, Florida: Section 1: The above-referenced recitals are true and correct and are incorporated herein by reference. Section 2: The Town Council hereby approves the following official holiday schedule for the Town of Southwest Ranches for calendar year 2014. Schedule: Month Date Holiday Day January January February May July September November November November December 1st 20th 17th 26th 4th 1st 11th 27th 28th 25th New Year’s Day Martin Luther King, Jr. Day President’s Day Memorial Day Independence Day Labor Day Veteran’s Day Thanksgiving Day After Thanksgiving Christmas Day Wednesday Monday Monday Monday Friday Monday Tuesday Thursday Friday Thursday 1 PASSED AND ADOPTED by the Town Council of the Town of Southwest Ranches, Florida, this day of November 2013, on a motion by ____________ and seconded by ______________. Nelson Fisikelli Breitkreuz Jablonski McKay ___ ___ ___ ___ ___ Ayes Nays Absent ___ ___ ___ Jeff Nelson, Mayor Attest: _________________________________ Erika Gonzalez-Santamaria, CMC, Town Clerk Approved as to Form and Correctness: _________________________________ Keith M. Poliakoff, J.D., Town Attorney 11310587 2 Town of Southwest Ranches 13400 Griffin Road Southwest Ranches, FL 33330-2628 Town Council Jeff Nelson, Mayor Steve Breitkreuz, Vice Mayor Doug McKay, Council Member Freddy Fisikelli, Council Member Gary Jablonski, Council Member (954) 434-0008 Town Hall (954) 434-1490 Fax Andrew D. Berns, Town Administrator Keith M. Poliakoff, Town Attorney Erika Gonzalez-Santamaria, CMC, Town Clerk Martin D. Sherwood, CPA CGFO, Town Financial Administrator COUNCIL MEMORANDUM TO: Honorable Mayor Nelson and Town Council THRU: Andy Berns, Town Administrator FROM: Erika Santamaria, CMC, Town Clerk DATE: November 8, 2013 SUBJECT: Proposed Resolution Appointing the New Vice Mayor of the Town of Southwest Ranches Recommendation: Town Staff is requesting Town Council’s consideration and appointment of Vice Mayor of the Town of Southwest Ranches for the upcoming year. Issue: Section 2.03 of the Town’s Charter addresses the position of Vice Mayor. The Vice Mayor shall be elected from among Council Members. It requires a majority vote of the Council. This Resolution serves to comply with the Town’s Charter by appointing a new Vice Mayor. Background: The vote takes place in November of each year. The Vice Mayor shall serve for a period of one year. No Council Member shall serve consecutive terms as Vice Mayor unless no other Council Member is willing to serve as Vice Mayor. Fiscal Impact: No impact. Staff Contact: Andy Berns, Town Administrator Erika Santamaria, CMC, Town Clerk RESOLUTION NO. 2014 – A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF SOUTHWEST RANCHES, FLORIDA, APPOINTING COUNCIL MEMBER AS THE NEW VICE MAYOR OF THE TOWN OF SOUTHWEST RANCHES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on November 4, 2003 the Town’s electorate amended Section 2.03 of the Town’s Charter to provide for the annual appointment of the Town’s Vice Mayor; and WHEREAS, on November 7, 2006 the Town’s electorate further amended Section 2.03 of the Town’s Charter to provide that the Vice Mayor shall be elected from among Council Members for a period of one year by a majority of the Council in November of each year; and WHEREAS, no Council Member shall serve consecutive terms as Vice Mayor unless no other Council Member is willing to serve as Vice Mayor; and WHEREAS, this Resolution serves to comply with the Town’s Charter by appointing a new Vice Mayor. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Southwest Ranches, Florida: Section 1: The above-referenced recitals are true and correct and are incorporated herein by reference. Section 2: The Town Council hereby appoints Vice Mayor of the Town of Southwest Ranches. as the new Section 3: This Resolution shall become effective immediately upon its adoption. 1 PASSED AND ADOPTED by the Town Council of the Town of Southwest Ranches, Florida, this _______ day of November 2013, on a motion by _____ and seconded by __________. Nelson Jablonski Breitkreuz Fisikelli McKay ___ ___ ___ ___ ___ __ __ __ __ __ Ayes Nays Absent ______ ______ ______ ___________________________ Jeff Nelson, Mayor ATTEST: _____________________________________ Erika Gonzalez-Santamaria, CMC, Town Clerk Approved as to Form and Correctness: _______________________________ Keith M. Poliakoff, J.D., Town Attorney 11310484 2 REGULAR MEETING MINUTES OF THE TOWN COUNCIL Southwest Ranches, Florida Thursday 7:00 PM Present: Mayor Jeff Nelson Vice Mayor Steve Breitkreuz Council Member Gary Jablonski Council Member Freddy Fisikelli Council Member Doug McKay October 24, 2013 13400 Griffin Road Andrew Berns, Town Administrator Keith Poliakoff, Town Attorney Erika Santamaria, Town Clerk Martin Sherwood, Town Financial Administrator Regular Meeting of the Town Council of Southwest Ranches was held at 13400 Griffin Road in the Southwest Ranches Council Chambers. The meeting, having been properly noticed, was called to order by Mayor Nelson at 7:15 PM. Attendance was noted by roll call and was followed by the Pledge of Allegiance. 3. Presentation – Representative Stark recognizing resident Lance Oppenheim Representative Stark presented Lance Oppenheim with a proclamation and recognized his accomplishments for creating a phone application for volunteers looking for community hours in their area. 4. Discussion and Possible Action – Police Services The Town Council discussed the item and the following motion was made by by Vice Mayor Breitkreuz, seconded by Council Member McKay and passed by 5-0 roll call vote. The vote was as follows: Council Members Jablonski, Fisikelli, McKay, Vice Mayor Breitkreuz and Mayor Nelson voting Yes. MOTION: TO DIRECT THE TOWN ADMINISTRATOR AND TOWN ATTORNEY TO NEGOTIATE A CONTRACT WITH THE TOWN OF DAVIE FOR POLICE SERVICES FOR CONSIDERATION AT THE NEXT COUNCIL MEETING SCHEDULED FOR NOVEMBER 14TH. 5. Public Comment – The following members of the public addressed the Town Council: Bob Hartmann, Manny Hagen, Mark Modrich, Dee Schroeder, and Jo Ann Hollingsworth. 6. Board Reports – Dee Schroeder provided an oral report on the Historical Society. 7. Council Member Comments Council Member Jablonski congratulated the winners of the Town’s photo contest. He reminded the public that the Hazardous Waste Pick-up Event at Rolling Oaks Park on October 26th, and Rolling Oaks HOA will host the annual Halloween Party on October 31st at Rolling Oaks Park. He also announced that there will be a Food Truck event sponsored by the School Advisory Board on November 2nd at the Equestrian Park and Aster Knight Parks Foundation Annual event will take Regular Council Meeting October 24, 2013 place on November 16th at the Davie School Museum. On December 14th will be the Horse Fun Show at Equestrian Park from 8:00 am to 5:00 pm. Council Member Fisikelli gave an update on the progress at Fishing Hole Park. He also briefly discussed the landscaping in Town. Vice Mayor Breitkreuz also addressed some landscaping issues. He requested that the election sign form be revised and updated. He also requested an update and timetable from the Town Administrator on the traffic issue. Council Member McKay invited the public to his home to look at all the Halloween decorations. He also thanked BSO for attending the council meeting. 8. Legal Comments The Town Attorney provided an update on the Pembroke Pines plat approval for Franklin Academy. He discussed the contract negotiations with BSO. 9. Administration Comments The Town Administrator also elaborated on BSO negotiations. He addressed some issues with the recycling carts. He provided a brief timeline as far as the traffic issue and he will write an article for the newsletter. He reported on the status of the fire study and that it is moving along. 10. Discussion – Transportation Surface and Drainage Ongoing Rehabilitation (TSDOR) Program/Assessment Study Implementation Town Administrator provided an oral presentation on the item. The Town Council provided a consensus that they would like to conduct a special meeting and that they would like to pursue a referendum on the issue so that the residents can elect how they would like to fund the project. 12. Approval of Minutes a. Minutes for October 10, 2013 – Council Meeting The following motion was made by Council Member Fisikelli, seconded by Vice Mayor Breitkreuz and passed by 5-0 roll call vote. The vote was as follows: Council Members Jablonski, Fisikelli, McKay, Vice Mayor Breitkreuz and Mayor Nelson voting Yes. MOTION: TO APPROVE THE MINUTES. 15. Adjournment – Meeting was adjourned at 10:10 p.m. 2|P a g e Regular Council Meeting October 24, 2013 Respectfully submitted: Erika Gonzalez-Santamaria, CMC, Town Clerk Adopted by the Town Council on this 14th day of November, 2013. Jeff Nelson, Mayor PURSUANT TO FLORIDA STATUTES 286.0105, THE TOWN HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT FOR SUCH PURPOSE, THE AFFECTED PERSON MAY NEED TO ENSURE THAT VERBATIM RECORD OF THE PROCEECING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED THIS NOTICE DOES NOT CONSTITUTE CONSENT BY THE TOWN FOR THE INTRODUCTION OR ADMISSION OF OTHERWISE INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW. 3|P a g e