Docstoc

WHEREAS_ the honeybee is an indispensible asset to mankind and

Document Sample
WHEREAS_ the honeybee is an indispensible asset to mankind and Powered By Docstoc
					                       AGENDA


                  WELCOME TO YOUR CITY COMMISSION MEETING

                      YOUR INPUT IS ENCOURAGED DURING
                   “COMMENTS FROM THE PUBLIC” AND DURING
                       ANY SCHEDULED PUBLIC HEARING

           REGULAR CITY COMMISSION MEETING
                    TUESDAY, July 13, 2010
            7:00 P.M. - COMMISSION CHAMBERS


1. CALL TO ORDER

   a. Invocation – Father John Joseph Reid of the Divine Mercy Shrine

   b. Pledge of Allegiance

2. ROLL CALL

3. INTRODUCTION OF GUESTS - Vice Mayor Justin S. Flippen

4. PROCLAMATIONS

   a. Parks and Recreation Month Proclamation

5. PRESENTATIONS

   a. Presentation by America’s Moms for Soldiers, by Judy Smith

   b. Presentation of a Certificate of Appreciation to David Morgenstern by Chief of
      Police Rick Perez, for his contribution to the community

   c. Presentation of Accreditation to the City of Wilton Manors Police Department by
      Chief of Police Rick Perez

   d. Presentation of the Leisure Services’ Parks’ Master Plan

6. COMMENTS FROM THE PUBLIC
   Any member of the Public may speak on any issue for three (3) minutes.
                                                                               Page 1of 4
7. CONSENT AGENDA
   Items listed under Consent Agenda, Item 7, are viewed to be routine, and the
   recommendation will be enacted by ONE MOTION in the form listed below. If
   discussion is desired, then the item(s) will be removed from the Consent Agenda and
   will be considered separately.

   a. Minutes:

       1. Regular City Commission Meeting from June 8, 2010

   b. Invoices Submitted By:

       1. Goren, Cherof, Doody & Ezrol, P. A.

          a. Statement No. 1                      dated 07/01/10        $ 1,757.50

          b. Statement No. 75                     dated 07/01/10        $ 1,498.50

          c. Statement No. 4                      dated 07/01/10        $   758.50

          d. Statement No. 214                    dated 07/01/10        $   391.75

          e. Statement No. 5                      dated 07/01/10        $   573.50

          f. Statement No. 4                      dated 07/01/10        $ 2,644.50

          g. Statement No. 4                      dated 07/01/10        $   481.00

          h. Statement No. 11                     dated 07/01/10        $   518.70

          i. Statement No. 252                    dated 07/01/10        $ 9,084.85

       2. URS Corporation

          a. Invoice No. 4312380                  dated 05/28/10        $11,023.64

          b. Invoice No. 4354476                  dated 06/15/10        $24,836.75

          c. Invoice No. 4340921                  dated 06/15/10        $13,952.00

   c. Purchases:

       1. Motion to approve the pay off amount for a seized vehicle at an amount not to
          exceed $ 28,394.99. (Police Department)




                                                                             Page 2 of 4
  d. Resolutions: (Consent)

     1. Resolution No. 3573:
     A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS,
     FLORIDA, CREATING A WILTON DRIVE TASK FORCE; PROVIDING FOR CONFLICTS;
     PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

     2. Resolution No. 3574:
     A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS,
     FLORIDA, APPROVING AND AUTHORIZING THE PROPER CITY OFFICIALS OF THE
     CITY OF WILTON MANORS TO EXECUTE AN AGREEMENT WITH MBR
     CONSTRUCTION, INC., FOR THE DESIGN/BUILD OF AN EMERGENCY GENERATOR
     AT ISLAND CITY PARK PRESERVE COMMUNITY CENTER; PROVIDING FOR
     CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE
     DATE.

     3. Resolution No. 3576:
     A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS,
     FLORIDA, CONSENTING TO AN EXTENSION OF THE JOINT PARTICIPATION
     AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF WILTON MANORS
     FOR HOUSEHOLD HAZARDOUS WASTE COLLECTION EVENTS; PROVIDING FOR
     CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE
     DATE.

     4. Resolution No. 3577:
     A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS,
     FLORIDA, ADOPTING THE PARK, RECREATION AND OPEN SPACE MASTER PLAN;
     PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN
     EFFECTIVE DATE.

(End of Consent Agenda)

8. UNFINISHED BUSINESS

  a. Motion to Approve an Event Permit allowing Wilton Manors Main Street to host
     the Wicked Manors Block Party on Saturday, October 30, 2010 along Wilton
     Drive.

9. REPORTS FROM BOARDS AND ADMINISTRATIVE OFFICIALS

  a. City Manager’s Report

  b. City Attorney’s Report

10. NEW BUSINESS

  a. Motion to appoint a member of the City Commission to the City’s Auditor
     Selection Committee.

  b. Motion to cancel the second City Commission meeting in August for summer
     break (August 24th).
                                                                        Page 3 of 4
11. REQUEST FOR PLACEMENT OF ITEMS ON NEXT MEETING AGENDA

12. REPORTS FROM ELECTED OFFICIALS

13. ADJOURNMENT

      The next City Commission Meeting is scheduled for Tuesday, July 27, 2010
                 at 7:00 p.m. in the City Hall Commission Chambers.



Pursuant to FS. 286.0105, if a person decides to appeal any decision made by the
Board, Agency or Commission with respect to any matter considered at such
meeting, or hearing, he will need a record of the proceedings and that for such
purposes he may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is based.

Any person requiring Auxiliary Aids and Services for the Meeting may call the
ADA Coordinator at 390-2122 at least two working days prior to the meeting. If
you are Hearing or Speech impaired, please contact the Florida Relay Services by
using the following phone numbers: 1-800-955-8770 (Voice) 1-800-955-8771 (tdd).




                                                                           Page 4 of 4
                          PROCLAMATION



WHEREAS, parks, recreation activities, and leisure experiences provide opportunities
for young people to live, grow, and develop into contributing members of society, and

WHEREAS, parks and recreation create lifelines and enrich life experiences for older
members of our community, and

WHEREAS, parks generate opportunities for people to come together and experience a
sense of community through fun recreation pursuits, and

WHEREAS, park and recreation agencies provide outlets for physical activities,
socialization, and stress reducing experiences, and

WHEREAS, parks, playgrounds, nature trails, open spaces, community and cultural
centers, libraries and historic sites make communities attractive and desirable places to
live, work, play, and visit to contribute to our ongoing economic vitality, and

WHEREAS, parks, greenways, and open space provide a welcome respite from our fast
paced, high tech lifestyles while protecting and preserving our natural environment, and

WHEREAS, parks and recreation agencies touch the lives of individuals, families,
groups, and the entire community which positively impacts upon the social, economic,
health, and environmental quality of our community,

     NOW, THEREFORE, I, GARY RESNICK, MAYOR OF THE CITY OF
WILTON MANORS, FLORIDA HEREBY PROCLAIM, THE MONTH OF JULY AS

                     PARKS AND RECREATION MONTH
in the City of Wilton Manors and encourage all citizens to celebrate by participating in
their choice of pleasurable recreation, library, park, and leisure activities with family,
friends, and neighbors.


                                                 IN WITNESS WHEREOF I HAVE
                                                 HEREUNTO SET MY HAND AND
                                                 CAUSED THE SEAL OF THE CITY
                                                 OF WILTON MANORS, FLORIDA
                                                 TO BE AFFIXED ON THIS 10TH DAY
                                                 OF AUGUST, 2010.

                                                 __________________________________
                                                 GARY RESNICK
                                                 MAYOR
                           MINUTES


           REGULAR CITY COMMISSION MEETING
                    TUESDAY, June 8, 2010
            7:00 P.M. - COMMISSION CHAMBERS


CALL TO ORDER

Father William Collins of the Poverello Center gave the invocation.
The Pledge of Allegiance was led by Mayor Resnick.

ROLL CALL
Deputy City Clerk Patricia Staples called the roll. Present were Commissioner Ted
Galatis, Commissioner Tom Green, Commissioner Scott Newton, Vice Mayor Justin
Flippen and Mayor Gary Resnick. Also present were City Manager Joseph Gallegos and
City Attorney Kerry Ezrol and City Clerk Kathryn Sims.

INTRODUCTION OF GUESTS - Vice Mayor Justin S. Flippen
Vice Mayor Flippen thanked the audience for participating in local government. He then
recognized former first Vice Mayor Diane Cline, former Commissioner Julie Carson,
Scott Herman, Chairman of the Resource, Conservation and Development Board of
North Carolina

PROCLAMATIONS
Gay and Lesbian Pride Month
Mayor Resnick read the proclamation for Gay and Lesbian Pride Month. Corey Boyd
from Pride of Greater Fort Lauderdale accepted the proclamation from Mayor Resnick
and spoke on the Stonewall Festival taking place on Sunday, June 20, 2010.

Proclamation honoring 50 years of priesthood to Father William Collins, founder of
The Poverello Food Bank
Mayor Resnick read the proclamation honoring Father William Collins. Mayor Resnick
presented the proclamation to Father Collins and pictures were taken. Father Collins
addressed the Commission and audience.

Mayor Resnick spoke on the Mexicana Day for Wilton Manors Elementary School which
occurred on June 3rd, stating that he and Commissioner Galatis were in attendance. He
had the pleasure of hosting the representatives from Coba, Mexico along with students
                                                                            Page 1 of 9
from Wilton Manors Elementary in the Commission Chambers for a presentation of gifts
and speeches given by students. Mayor Resnick thanked Officer Franz Petitpapa for
escorting the students to and from City Hall.

PRESENTATIONS
Employee of the Quarter Awards presented by QWL
Charles Matthews, president of the QWL Board, explained the Employee of the Quarter
Award. Linda Bachewicz accepted the award for Lee Ann Archacki of Community
Services.
Chief of Police Rick Perez read a letter of commendation written by himself stating the
reasons why he chose to honor Ana Teston and Stacey Siegmund of Leisure Services.

Business of the Quarter Award presented by Wilton Manors Main Street to Bruce
Bogan, owner of “Copy This”
Doug Blevins, President of Wilton Manors Main Street presented the Business of the
Quarter Award to Bruce Bogan of “Copy This”. Mr. Bogan thanked Main Street and the
community for their support.

Presentation of City FY 08/09 Financial Report, By: Ronald Thompkins, TCBA
Watson Rice LLP, City Auditors
Ronald Thompkins, City Auditor with Watson Rice LLP, presented the financial report
for Fiscal Year 08/09. He explained to the Commission that the reason the report was
given to them directly by Watson Rice was in order to be in compliance with
transparency laws set by State Statute.
Mayor Resnick expressed his concern regarding items that were highlighted in the draft
compliance report such as the fact that nightly reconciliations were not being performed
in a timely manner. Mr. Thompkins stated that when the accounting firm is rendering
such comments they are rendered under best practices but that staff size is taken into
account.
Assistant Finance Director Mays stated that the final report will be filed within a week.
Mayor Resnick recognized the Budget Review Committee for the hard work on budget
and as an extra set of eyes.

COMMENTS FROM THE PUBLIC
David Bonelzoni, 141 NW 23rd Street– came tonight to applaud Father Collins. He also
spoke on the Wilton Drive two lane initiative, stating his excitement for the proposed
project.

Diane Cline, 2325 NE 19th Ave – stated that on behalf of the Historical Society, she
presented a framed picture of the twin towers and a book on Wilton Manors to the
students and director of the school in Coba, Mexico during the Sister City exchange.

Paul Kuta, 500 NE 28th Street – verbatim minutes attached.

Fabio Rodriguez with the Gables – stated that in less than 6 months the Gables is 100%
occupied and are discussing various retail agreements. He also stated that the Gables
owners are interested in redeveloping Wilton Drive said that the owners of the Gables are
still interested in the old City Hall parcel. He invited the Commissioners to tour the
property.
                                                                               Page 2 of 9
Betty Winslow, 801 NW 30th Street – spoke on National Night Out being held on August
3, 2010 which is designed to heighten crime and drug prevention awareness.

Doug Blevins, President Wilton Manors Main Street – offered his thanks to the
Commission for their decision to not pursue a referendum question regarding Wilton
Drive. He stated that residents have said that if we see improvements they are willing to
pay additional taxes in order to go forward with the two lane and ownership of Wilton
Drive.

Ben Little, 2525 NW 3rd Avenue – spoke on Resolution 3560, opposing oil drilling off
the coast of Florida. He asked for the cost of producing such a resolution. He
recommended the Commission not approve the resolution.

Resolution No. 3561 was taken out of order, moved from “Resolutions” to before
“Consent Agenda” by Mayor Resnick
Resolution No. 3561:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA
APPOINTING FOUR (4) MEMBERS AND ONE (1) ALTERNATE MEMBER, TO THE PLANNING
AND ZONING BOARD OF THE CITY OF WILTON MANORS, FLORIDA; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
City Manager Gallegos explained that all members presently serving on the board with
the exception of Stephen Zollo have expressed their interest in serving another term.
Robert Allica, Nicholas Berry, Jayant Goyle, Scott Herman, Brett Nein, Debra Rochlin,
Constance Ruppender and Patrea St. John spoke on their qualifications. Chuck Poole
was absent but submitted a letter to that effect. Michael Wright was not present.
Mayor Resnick spoke on the tremendous community support and thanked everyone for
applying and encouraged the applicants to reapply if not chosen at this time.

While City Manager Gallegos and Finance Director Rabon calculated the results the
Commission approved the Consent Agenda.

CONSENT AGENDA
Vice Mayor Flippen moved to approve the consent agenda as it is stated below.
Commissioner Green seconded the motion which prevailed with a unanimous roll call
vote.

Invoices Submitted By:
Goren, Cherof, Doody & Ezrol, P. A.
Statement No. 211                   dated 05/11/10         $ 30.00
Statement No. 212                   dated 05/24/10         $ 100.00
Statement No. 3                     dated 06/02/10         $ 832.50
Statement No. 3                     dated 06/02/10         $ 573.50
Statement No. 3                     dated 06/02/10         $ 795.50
Statement No. 251                   dated 06/02/10         $9100.60
Statement No. 14                    dated 06/02/10         $ 166.85
Statement No. 3                     dated 06/02/10         $ 536.50
Statement No. 2                     dated 06/02/10         $ 129.50
Statement No. 4                     dated 06/02/10         $ 222.00
Statement No. 13                    dated 06/02/10         $ 92.50
                                                                               Page 3 of 9
Statement No. 22                  dated 06/02/10        $ 499.00
Statement No. 213                 dated 06/02/10        $ 552.80
Statement No. 1                   dated 06/02/10        $1202.50
Statement No. 4                   dated 06/02/10        $1868.50
Statement No. 74                  dated 06/02/10        $ 277.50

Biehn and Associates, Inc.
Add # 7 / Billing Summary # 8      dated 06/01/10       $3600.00

Resolutions: (Consent)
Resolution No. 3560:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA,
OPPOSING THE APPROVAL OF OIL DRILLING IN FLORIDA’S WATERS IN AREAS OTHER
THAN THOSE ALREADY APPROVED FOR OIL LEASING AND OIL EXPLORATION; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

Resolution No. 3562:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA,
PROCLAIMING THE MONTH OF JUNE AS GAY AND LESBIAN PRIDE MONTH; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

Resolution No. 3563:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA,
APPROVING AND AUTHORIZING CITY MANAGER TO EXECUTE AMENDMENTS TO THE
MEMORANDUM     OF    AGREEMENTS     WITH   THE    FLORIDA   DEPARTMENT     OF
TRANSPORTATION (“FDOT”); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING AN EFFECTIVE DATE.

Resolution No. 3565:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA,
OPPOSING THE PUBLIC SAFETY EMPLOYER-EMPLOYEE COOPERATION ACT OF 2009
(S.3194); DIRECTING CITY ADMINISTRATION TO TRANSMIT A CERTIFIED COPY OF THIS
RESOLUTION TO SENATE MAJORITY LEADER HARRY REID (D-NEV.), REPRESENTATIVES
ILEANA ROS-LEHTINEN [R-FL], KATHY CASTOR [D-FL], ALCEE HASTINGS [D-FL], DEBBIE
WASSERMAN-SCHULTZ [D-FL], RON KLEIN [D-FL], THE PRESIDENT OF THE UNITED
STATES, SPEAKER OF THE HOUSE NANCY PELOSI, THE BROWARD LEAGUE OF CITIES, THE
FLORIDA LEAGUE OF CITIES; THE BROWARD COUNTY LEGISLATIVE DELEGATION AND
ANY OTHER INTERESTED PARTIES; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

Resolution No. 3566:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA,
APPROVING AND AUTHORIZING THE PROPER CITY OFFICIALS OF THE CITY OF WILTON
MANORS TO EXECUTE AN AMENDMENT TO THE ORIGINAL AGREEMENT WITH MIAMI
WRECKING COMPANY AUTHORIZING ASBESTOS ABATEMENT; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

Travel Authorization:
Motion to approve budgeted travel for Detective Biagio Balistreri to attend the 17th
Annual Sexual Crimes Investigators Training Conference in Sanibel, Florida

(Item removed from the Consent Agenda)
Minutes:
Regular City Commission Meeting from May 25, 2010
                                                                           Page 4 of 9
Vice Mayor Flippen moved to approve the Minutes from May 25, 2010. Commissioner
Green seconded the motion.
Mayor Resnick made corrections and stated the need for clarification on items.
Mayor Resnick made a friendly amendment to Vice Mayor Flippen’s motion to change
and clarify the sections mentioned. The motion prevailed with a unanimous roll call vote.

Resolution No. 3561: (continued from before Consent Agenda)
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA
APPOINTING FOUR (4) MEMBERS AND ONE (1) ALTERNATE MEMBER, TO THE PLANNING
AND ZONING BOARD OF THE CITY OF WILTON MANORS, FLORIDA; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
City Manager Gallegos gave the results from the scores made by the Commission.

Commissioner Galatis moved to appoint, in order of lowest to highest score, Brett Nein,
Constance Ruppender, Patrea St. John, Chuck Poole and Robert Allica as 1st Alternate
and Jayant Goyle as 2nd Alternate. Vice Mayor Flippen seconded the motion which
prevailed by a unanimous roll call vote.

PUBLIC HEARINGS – N/A

ORDINANCES – N/A

RESOLUTIONS
(Resolution No. 3561 was moved to before Consent Agenda)

NEW BUSINESS – (moved to before Unfinished Business by Mayor Resnick)
Approval by motion of the City Commission of the Grievance Settlement Agreement
with Police Benevolent Association
City Manager Gallegos explained the grievance settlement agreement with the Police
Benevolent Association on behalf of Officer David Jones.
When asked by Mayor Resnick about the costs incurred by the City, City Manager
Gallegos stated that if the agreement is not approved and Officer Jones remained
employed the cost incurred would be $93,000 as opposed to the $33,000 stated in the
settlement agreement.
Vice Mayor Flippen moved to approve the grievance settlement agreement.
Commissioner Galatis seconded the motion which prevailed by unanimous vote.
Commissioner Newton commended Officer David Jones on the thirty years he has
devoted to the community of Wilton Manors.
Chief Perez also commended Officer Jones, stating his reputation is above reproach.

UNFINISHED BUSINESS
Lanier Parking, Inc. Update and Discussion
Appeals Process and Debt Service and Parking Option for the old City Hall Site
Assistant Finance Director Mays the following updates to the Commission.
   • A subcontract agreement with Green Hopper has been approved.
   • City Attorney Ezrol, Eddie Richardson of Lanier Parking and Mr. Mays met with
       Howard Forman, Clerk of Courts, his Chief Counsel, Vanessa Steinhurtz and
       Suzie Warren, Head of the Parking Division. The meeting produced an
       agreement for appeals citation and therefore Lanier Parking can begin writing
       citations on Monday, June 21st, the day after the Stonewall Street Festival.

                                                                               Page 5 of 9
       Mayor Resnick asked how the community is being noticed of the start date to
       which Mr. Mays responded by saying 8 ½ x 11 flyers, cards and the lighted
       message boards will be used.
   •   Park Mobile is fully operational and free applications for smartphones are
       available.
   •   The Lanier Parking office at the Gables is undergoing the last of their renovations
       and should be relocating to their new site during the weekend of June 20th.

Mayor Resnick asked Mr. Mays and Mr. Richardson if a customer could pay for more
than on hour at a time at the manual parking meters located on Wilton Drive, to which
both responded in the affirmative adding that up to four hours can be paid by coin.
Mayor Resnick suggested telling this information to business owners
In response to the question posed by Commissioner Galatis regarding the oversight and
accountability during the collection of money, Mr. Richardson explained the process by
saying such collections are performed once or twice a week, never at the same time, with
at least two employees, one with a handheld device and one with keys to open the meters.
The count and pick up are overseen by Mr. Richardson himself.

Mayor Resnick asked that all flyers and handouts also be given to the Commission in
order for them to remain updated.

Discussion on “E-911” Dispatch Emergency Call System
Chief of Police Rick Perez stated that the system is working properly, but that the data is
five years old. Chief Perez explained that they are working with Karl Maracotta of MDE
Computer Consultants to find the least expensive avenue to pursue an updated database.

Lanier Parking, Inc Update and Discussion (continued after the Discussion on “E-
911” Dispatch Emergency Call System)
Debt Service and Parking Option for the old City Hall Site.
Assistant Finance Director Mays spoke on the interest shown by banks for the financing
of a parking option, but stated he did not recommend financing at this time.
Commissioner Green stated his remembrance of a past meeting in which the Commission
directed staff to research a temporary parking lot for the old City Hall site. City Manager
Gallegos responded that this was an option provided by Chen and Associates and
understood that there was a consensus of the Commission to research a paved lot with
drainage and landscaping. In order for permitting to occur, drainage must be resolved.
Commissioner Newton suggested a public/private ownership alternative for the property.
Commissioner Green stated he would like to see parking only and no store fronts.
Discussion ensued amongst the Commissioner regarding parking options on the Drive
and the old City Hall site.

Commissioner Newton stated that he has had requests from residents to install a walkway
in front of City Hall, which would assist them in unfavorable weather conditions.
Mayor Resnick stated that he has had residents ask if a utility payment box could be
placed near the curb so that customers can drop off payments without leaving their
vehicles. Assistant Finance Director stated such box would incur a cost of $1000.

Mayor Resnick also stated that a left hand turn lane into the shopping center on the east
side of NE 15th Avenue, just south of NE 26th Street had been added.
                                                                                 Page 6 of 9
REPORTS FROM BOARDS AND ADMINISTRATIVE OFFICIALS
City Manager’s Report
City Manager Gallegos discussed the Island City Foundation charity and volunteer
luncheon with the Commission. July 31, 2010 was decided upon for the date of the
luncheon.

City Attorney’s Report
City Attorney Ezrol gave an update on the Aquachamps litigation case and said they have
petitioned for a writ of certiorari.

Commissioner Green requested the City Attorney find information on Amendment 4
before the Town Hall Meeting. Mayor Resnick stated that Clarence Anthony with
Citizens for Lower Taxes and a Strong Economy will be speaking at the Town Hall
Meeting.

NEW BUSINESS
Mayor Resnick stated that Broward County has asked for volunteers for Pioneer Day and
asked the Historical Society to assist in those appointments.

Commissioner Newton stated he wants to make sure that the police office position that is
vacant is filled and wants to make sure police department is fully staffed.
City Manager Gallegos stated that one police officer is on medical leave and one will
soon be available for street patrol. He is not recommending filling the position until the
bottom line of the Police budget is finalized. Commissioner Newton respectfully
disagreed.
Discussion ensued amongst the Commission with the Mayor stating he did not want to
micromanage the Chief or City Manager during the budget process.

Vice Mayor Flippen suggested the Commission sanction a task force to help with the two
lane Wilton Drive initiative and to work on a long term goal.

REQUEST FOR PLACEMENT OF ITEMS ON NEXT MEETING AGENDA
Vice Mayor Flippen requested placement of the above mentioned task force for Wilton
Drive for discussion purposes.

Mayor Resnick requested a motion to allow the flying of flags during the Pride event as
requested by residents who have stated that Condominium Associations and Homeowners
Association are not allowing the flying of flags.
Consent was given to Mayor Resnick to write a letter to such Condominium Associations
and Homeowners Associations.

REPORTS FROM ELECTED OFFICIALS
Commissioner Newton
Wished everyone a nice Memorial Day

Commissioner Green
Concerned about sidewalk furniture and bike racks in front of Gables, and asked why the
Gables have not yet complied.
                                                                                Page 7 of 9
Questioned a code enforcement issue regarding a caved in roof which is now propped up
at a home next to 604 NW 27th Street.
Questioned a small unfinished area near the crosswalk near City Hall that needed to be
addressed.
Attended the Sunrise Middle School Art Presentation on June 6th. They applauded the
funds donated by the City and he thanked the Stadnicks for their hard work.
Attended the Community Affairs Advisory Board and Special Magistrate meeting on
June 6th.
Attended the Taste of Island meeting and the date of October 25, 2010 was decided upon
for the event.
Attended the Broward County Commission meeting for two separate events; interim
report for the Government Efficiency Study Committee, and the TOC land use change for
the City of Wilton Manors. He thanked Acting Community Services Director Peter
Dokuchitz for the work done on the item.
Will be attending an MPO meeting on the FEC Corridor. He stated that MPO will be
holding public hearings in September and have eliminated two types of transportation.
He also stated that the Wilton Manors proposed rail station is still being considered.

Commissioner Galatis
Attended the Wilton Manors Elementary School Mexicana Day on May 22, 2010.
Attended King Wilkinson’s 72nd birthday party.
Attended his weekly appointment with Insight for the Blind.
Will be attending the California Pizza Kitchen Philanthropizza event for Island City
Foundation on June 9, 2010

Vice Mayor Flippen
Stated his appreciation for the unanimous support for the oil drilling resolution and the
interest in seeking alternative resources. He stated that without vision people perish and
that the event with a 10% impact on Florida the catastrophe will cause 39,000 jobs to be
lost.

Mayor Resnick
Applauded Vice Mayor Flippen for bringing the oil drilling resolution to the
Commission’s attention and stated that if every mayor signed, the state and federal
government will be hard pressed to ignore the issue. He asked that the City Attorney and
City Clerk list all legislative delegation members on such resolutions.
Attended the Realtors Annual Breakfast for Mayors and stated that every mayor in
Broward County attended.
Attended and co-hosted the Wilton Manors Elementary School Mexicana day. He
commended Police Officer Petitpapa for his assistance in escorting the children to and
from the school for the event.
Attended Sunrise Middle School art gallery even and stated that the artwork is of a very
high caliber. He stated he is looking forward to art being hung at Cith Hall. He
announced that the art teacher at the middle school has been surplused and expressed his
dismay that no member of the School Board or their staff was at either event.
Received a letter from Pride Center at Equality Park requesting tennis classes for adults
new to the game.
Will be in attendance at the California Pizza Kitchen’s Philanthropizza for Island City
Foundation on Wednesday, June 9th and encourage all to attend.
                                                                                Page 8 of 9
Will be attending the Oakland Park/Wilton Manors “Business After Hours” as it is a
general request that a city member attend all meetings.

ADJOURNMENT
Mayor Resnick adjourned the meeting at 9:55 p.m.


                       These minutes were approved by the
                   City Commission on Tuesday, June 22, 2010.


__________________________________                 _________________________
Kathryn Sims, City Clerk                           Date Signed




                                                                         Page 9 of 9
COMMISSION AGENDA REPORT
MEETING DATE: July 13, 2010

From:       Richard E. Perez, Chief of Police
Prepared by:      Julie Kunz, Administrative Coordinator

(a) Subject: Motion to approve the pay off amount for a seized vehicle at an amount
not to exceed $ 28,394.99.

(b) City Manager Recommendation: Recommend Approval

(c) Report In Brief:     The Police Department is requesting authorization to pay off a
seized vehicle.

(d) Discussion: A 2009 Mercedes Benz was seized during a Felony Narcotics arrest.
A Final Order of Forfeiture was awarded to the City of Wilton Manors for this vehicle.
Once the pay off is made and the vehicle’s title is signed over to the City of Wilton
Manors the Mercedes will be declared surplus and auctioned at a later date. The pay
off amount of $28,394.99 will be paid for using Forfeiture Funds. The current NADA
(National Automobile Dealers Association) selling price for this vehicle is listed between
$41,000 and $48,000.

Monies have been allocated for this purpose from Forfeited Funds.

(e) Strategic Plan Consistency: Goal #2 Fiscally Sound City Government Objective
#4 Cost Effective Delivery of City Services

(f) Concurrences: None

(g) Fiscal Impact: $ 28,394.99 (Forfeiture Funds)

(h) Alternatives: None

(i) Attachments: City Attorney Memorandum of Notification and
                  Final Order of Forfeiture
                    OFFICE OF THE CITY ATTORNEY
                  CITY OF WILTON MANORS, FLORIDA
                                                  MEMORANDUM

TO:               Edward Costello, Captain, City of Wilton Manors Police Department

FROM:             Jamila V. Alexander, Assistant City Attorney                     (fl//$

DATE:             May 12,2010

SUBJECT:          City of Wilton Manors v. Guillermo Ledo and U.S. Bank
                  Forfeiture of 2009 Mercedes Benz, V.I.N.: WDBWK58F09F190787
                  Broward County Circuit Case No.: 09-046305(11)


The City Attorney's Office is pleased to inform you that we have successfully obtained an Final
Order of Forfeiture in the above-referenced matter. Enclosed, for your review and files, are
conformed copies of the Amended Default Final Judgment and Final Order of Forfeiture executed
by the Court, After the Court entered this Order, Mr. Ledo's attorney attempted to make one last
claim on the vehicle by setting a Motion to Amend the Final Order for hearing, That Motion was
withdrawn after we presented arguments and caselaw to show that his claim was without merit and
therefore, the attached order is the final order in the matter.

The attached order gives the City a title interest superior to that of Guillermo Ledo in the 2009
Mercedes Benz. Pursuant to Section 932.7055(1), Fla. Stat, the Police Department may now elect
to either (a) retain the vehicle for the agency's use, (b) sell the vehicle at public auction or by sealed
bid to the highest bidder; or (c) salvage, trade, or transfer the vehicle to any public or nonprofit
organization. With whichever option chosen, the Final Order must be taken to a local tax
collector's office for processing.

As previously discussed, at the time of the vehicle's seizure and prior to the initiation of these
forfeiture proceedings, US Bank was a bona fide lien holder against the vehicle. Attached to this
memorandum is a copy of the Court Order preserving US Bank's lien on the Vehicle and directing
the Police Department to satisfy US Bank's lien. Please take note that pursuant to Section
932.7055(3), Fla. Stat., where the forfeited vehicle is subject to a lien, as in this matter, the agency
must (a) sell the vehicle with the proceeds being used toward satisfaction of any liens; or (b) have
the lien satisfied prior to taking any action authorized by Fla. Stat. §932.7055(1). Therefore, the
WMPD must satisfy US Bank's lien immediately upon the sale of the vehicle or prior to talcing any
action with regards to the transfer or use of the vehicle.

 We are pleased that we could be of assistance on this matter. Should you require any additional
 information or assistance in this matter, please feel free to contact me.

 JVA/mp
 Enclosure(s)

 H:\1992\920129.WM\MEMO.10\2010-003 Costello (Ledo forfeiture).doo
                                  IN THE CIRCUIT COURT OF tHE : i7 T H JUDICIAL CIRCUIT
                                       IN AND FOR BROWARD,COUNTY, FLORIDA                                    : i
                                                                             •:•.•'• • . . : .           '         ? v : • • ' • • ; •            ••'.     •



IN RE: FORFEITURE OF 2009 MERCEDES                                                       ' v. •.. j :,„\. •,
BENZV.I.N.:WDBWK58F09F190787.                                                                  ' *"U
FLA. TAG: U27-9VI                                                                                ', .: • :......

CITY OF WILTON MANORS,                                                                        .:,•                              vj/CASENQ,: 09.046305(11)
             Petitioner,                                                                 •••"'•
v   .                                                                                .    •   -          •     •    •   •   •   •   .    •   •




GUILLERMO LEDO,
     Claimant.
                                                                               I

             AMENDED DEFAULT FINAL JUDGMENT AND FINAL ORDER OF FORFEITURE
             THIS CAUSE having come before this Court on Petitioner's Motion for Default Final Judgment and

following the Clerk's February 17, 2010 entry of Default against Claimant, GUILLERMO LEDO, and
                                                                                 •       •• • v

    Claimant having failed to file any answer or other responsive pleading in this cause, and pursuant to the

Florida Rules of Civil Procedure, Rule 1.500, it is:. . . M ;; -i \                                                                                      •• •

             ORDERED AND ADJUDGED

              1.        Any rights and interest Claimant, G^^|iSp4^'^ES5v'inay-'haVe ! had or!asserted in the

    2009 MERCEDES BENZ V.I.N.: WDBWK58F09F190787, FLA. TAG: U27-9VI seized in the above-

    styled matter is hereby forfeited to the use of the Petitioner, CITY OF WILTON MANORS.

             2.         Claimant, GUILLERMO LEDO's rights and interests in and title to the above-described

    property is perfected in the Petitioner nuncpro tune to the date of seizure, July 30,2009.

              3.        Claimant's, U.S. BANCORP d/b/a U;S. BANK,NA., lien in the above-described property

    must be satisfied pursuant to this Court's Agreed Order on US Bank's Motion for Summary Judgment.

              DONE AND ORDERED in Chambers at Fortjiauderdale, Broward County, Florida this                                                                                           day

    of March, 2010.                                                                                          :. •••. "V^l
                                                                                                  '..;       t.\                                                    ANA I. GARDINER

                           •'-"•- '•: lV " ;:   :
                                                    •• ':r: "•••;-   -:':"       '"                      -T^gpNORABLEAlsfAI.
                                                                                                                                                                :
    r    .   ,.    .   W 1   .         -•           • •                                                      ;Circu^Judge. - '                                       A   TRUE COPY
    Copies iurnished to:                                                                                       . ^                                                        "
    JamilaV. Alexander, Esq.                                                                  ' •
    Richard Petrovich, Esq.
    Guillermo Ledo                                                   • •. 1 ; . rt'•.;>.•nv. : .                                                  ;

    539399v 1200021.0006                                                                                                                         • '
COMMISSION AGENDA REPORT
MEETING DATE:       July 13, 2010

From:               Joseph L. Gallegos, City Manager

Prepared by:        Leigh Ann Henderson, Assistant City Manager

(a) Subject: Resolution No. 3573 Creating a Wilton Drive Task Force

(b) City Manager Recommendation:         Recommend Approval

(c) Report In Brief: Approval of Resolution No. 3573 creates the Wilton Drive Task
Force.

(d) Discussion: The Wilton Drive Task Force will be established to study Wilton Drive
and make reports and recommendations to the City Commission regarding narrowing
Wilton Drive from four lanes to two lanes and improving pedestrian safety along the
corridor. Further, the Task Force will identify sources of funding and conduct
fundraising efforts to accomplish the scope of the project recommended by the Task
Force and approved by the Commission.

The Task Force shall be comprised of: the City Manager, or his designee; an individual
with technical expertise such as an Architect, Planner or Engineer to be appointed by
the City Commission; a member of the Wilton Manors Planning & Zoning Board to be
selected by the Planning & Zoning Board; two residents of the City, at least one residing
outside the geographical area of Wilton Drive, both to be appointed by the City
Commission; a member designated by the Wilton Manors Business Association; and a
member designated by Wilton Manors Main Street.

(e) Strategic Plan Consistency: Approval of this resolution would further Goal No. 1:
Sustainable Urban Village; and Goal No. 4: Wilton Drive: Destination Point

(f) Concurrences:

(g) Fiscal Impact: None

(h) Alternatives: None recommended

(i) Attachments: Resolution No. 3573
               OFFICE OF THE CITY ATTORNEY
             CITY OF WILTON MANORS, FLORIDA

                                      MEMORANDUM

TO:           Kathryn Sims, City Clerk (via e-mail)
              Patricia Staples, Deputy City Clerk (via e-mail)

FROM:         Kerry L. Ezrol, City Attorney

DATE:         July 2, 2010

SUBJECT:      Wilton Manors “City of”/General Matters – Revised Resolution No. 3573,
              Creating a Wilton Drive Task Force


Enclosed, for your review and placement on the July 13, 2010 City Commission Meeting
Agenda, please find Revised Resolution No. 3573, Creating a Wilton Drive Task Force.

Should you require any additional information, please contact me.



KLE:bp
Enclosure
 1                                     RESOLUTION NO. 3573
 2
 3          A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
 4          WILTON MANORS, FLORIDA, CREATING A WILTON DRIVE
 5          TASK FORCE; PROVIDING FOR CONFLICTS; PROVIDING
 6          FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
 7
 8          WHEREAS, the City Commission of the City of Wilton Manors, does hereby deem it

 9   to be in the best interests of the citizens and residents of the City of Wilton Manors to create a

10   Wilton Drive Task Force.

11          NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF

12   THE CITY OF WILTON MANORS, FLORIDA, THAT:

13          Section 1.      The foregoing "WHEREAS" clause is true and correct and hereby

14   ratified and confirmed by the City Commission.

15          Section 2.      The City Commission of the City of Wilton Manors, Florida, hereby

16   creates a Wilton Drive Task Force as follows:

17          WILTON DRIVE TASK FORCE
18
19          1.      Creation. A Wilton Drive Task Force is created as a committee of the City and
20                  shall consist of members as follows:
21
22                  a. The City Manager, or his designee;
23                  b. An individual with technical expertise such as an Architect, Planner or
24                     Engineer to be appointed by the City Commission;
25                  c. A member of the Wilton Manors Planning & Zoning Board to be selected by
26                     the Planning & Zoning Board;
27                  d. Two residents of the City, at least one residing outside the geographical area
28                     of Wilton Drive, both to be appointed by the City Commission;
29                  e. A member designated by the Wilton Manors Business Association; and
30                  f. A member designated by Wilton Manors Main Street.
31
32          2.      Membership; Compensation; Chairman. A Wilton Drive Task Force shall be
33                  appointed by the City Commission on an as needed basis and shall serve at the
34                  pleasure of the City Commission without compensation. The Committee shall
35                  select a chairperson.
36
37
38


                                                Page 1 of 3
 1   3.   Removal of Members. Wilton Drive Task Force members appointed or
 2        approved by the City Commission serve at the pleasure of the City Commission
 3        and shall be removed at any time by a majority vote of the City Commission.
 4
 5   4.   Resignation of Members. Resignation by a Wilton Drive Task Force member
 6        made orally or in writing will be deemed accepted by the City Commission
 7        when the Wilton Drive Task Force member announces his resignation to the
 8        Wilton Drive Task Force, City Manager or City Commission. The City
 9        Commission need not take any formal action to accept the resignation. Failure
10        of a member to attend three (3) consecutive meetings shall be deemed a
11        resignation.
12
13   5.   Powers and Duties. The Wilton Drive Task Force shall, subject to review and
14        approval of the City Commission, have the power and the duty to make written
15        reports and recommendations to the City Commission.
16
17        a.     Improving pedestrian safety on Wilton Drive;
18        b.     Narrowing Wilton Drive from four (4) lanes to two (2) lanes; and
19        c.     Identifying sources of funding and conducting fundraising to accomplish
20               the scope of the project recommended by the Task Force and approved
21               by the City Commission.
22
23        The written report and recommendation presented by the Wilton Drive Task
24        Force shall separately identify majority and minority positions. A minority
25        positions is defined as a position supported by at least two members of the Task
26        Force. A majority position is defined as a position supported by at least three
27        members of the Task Force.
28
29        In the event the Wilton Drive Task Force needs funding, such request shall be
30        subject to review and approval by the City Commission.
31
32   6.   Rules of Procedure. The Wilton Drive Task Force shall conduct its meetings
33        pursuant to Robert’s Rules of Order, Newly Revised, and all applicable laws,
34        including Section 286.011, Florida Statutes and Chapter 119, Florida Statutes.
35
36   7.   Meetings. The Wilton Drive Task Force shall meet a least once every two
37        months at a regularly scheduled time which is to be approved by the City Clerk.
38        The Wilton Drive Task Force may determine its own vacation period not to
39        exceed more than one (1) cancelled meeting per year.
40
41   8.   Liaisons.
42
43        a.     Staff liaison. The Wilton Drive Task Force may have a staff person
44               assigned to it by the City Manager to serve in an advisory capacity. Any
45               requests on the part of the Wilton Drive Task Force for information or
46               services from the administration shall be made by the Chairperson of the
47               Wilton Drive Task Force to the City Manager or through the staff liaison


                                    Page 2 of 3
 1                                 if one is assigned.
 2
 3
 4
 5             Section 3.          This Resolution shall sunset 18 months after the effective date of this

 6   Resolution, unless extended by the City Commission.

 7             Section 4.          All resolutions or parts of resolutions in conflict herewith, be and the

 8   same are repealed to the extent of such conflict.

 9             Section 5. If any Section, sentence, clause or phrase of this Resolution is held to be

10   invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no

11   way affect the validity of the remaining portions of this Resolution.

12             Section 6. This Resolution shall become effective immediately upon its passage and

13   adoption.

14   PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF WILTON
15   MANORS, FLORIDA, THIS ___ DAY OF JULY 2010.
16
17
18                                                     CITY OF WILTON MANORS, FLORIDA
19
20
21                                                     By:________________________________
22                                                           GARY RESNICK, MAYOR
23
24   ATTEST:                                                     RECORD OF COMMISSION VOTE
25
26   __________________                                          MAYOR RESNICK               _____
27   KATHRYN SIMS                                                VICE MAYOR FLIPPEN          _____
28   CITY CLERK                                                  COMMISSIONER GALATIS        _____
29                                                               COMMISSIONER GREEN          _____
30                                                               COMMISSIONER NEWTON         _____
31   I HEREBY CERTIFY that I have
32   approved the form of this Resolution.
33
34   ______________________________
35   KERRY L. EZROL
36   CITY ATTORNEY
37
38
39   H:\1992\920129.WM\RESO.10\3573 (creating Wilton Drive Task Force) revised 7.1.10.docm


                                                            Page 3 of 3
COMMISSION AGENDA REPORT
MEETING DATE: July 13, 2010

From: Patrick Cann, Director of Leisure Services

Prepared by: Wayne Sheppard, Special Projects and Grants Coordinator


(a) Subject: Resolution No. 3574, authorizing the City to award a bid and
    execute a contract agreement with MBR Construction, Inc. for the
    Design/Build of an emergency generator at Island City Park Preserve
    Community Center.

(b) City Manager Recommendation: Recommend approval.

(c) Report In Brief: Approval of Resolution No. 3574 authorizes the award of
    bid and execution of a contract with MBR Construction, Inc. in the
    amount of $73,000 for the design and construction of an emergency
    generator at Island City Park Preserve Community Center.

(d) Discussion: The City was awarded funding under the 35th Year
    Community Development Block Grant program (CDBG) for the design
    and construction of an emergency generator at Island City Park
    Preserve Community Center.

   An RFP for bids was advertised and two responses were received. MBR
   Construction, Inc. was the low bidder. Broward County Housing Finance
   and Community Development Division, which is responsible for
   administration of CDBG programs reviewed the bid and determined that
   it met all the requirements of the RFP. They have provided authorization
   to award the bid to MBR Construction, Inc.

   Resolution No. 3574 provides for the award of bid and execution of a
   contract with MBR Construction, Inc. in the amount of $73,000.

(e) Strategic Plan Consistency: The construction of an emergency
    generator at Island City Park Preserve supports Goal 1, Objective 3 of
    Wilton Manors’ Strategic Plan by providing a “Sustainable Urban
    Village” with livable neighborhoods integrating commercial and
    residential and Goal 6, Objective 4 providing for ‘Quality City Services
   valued by our Citizens” with well maintained City facilities and
   infrastructure.

(f) Concurrences: Finance Director; Utilities and Emergency Management
Director

(g) Fiscal Impact: Grant funds in the amount of $73,000. No City matching
    funds are required.

(h) Alternatives: None recommended

(i) Attachments: Resolution No. 3574 and contract.
                OFFICE OF THE CITY ATTORNEY
              CITY OF WILTON MANORS, FLORIDA

                                      MEMORANDUM

TO:           Kathryn Sims, City Clerk (via e-mail)
              Patricia Staples, Deputy City Clerk (via e-mail)

FROM:         Kerry L. Ezrol, City Attorney

DATE:         July 1, 2010

SUBJECT:      Wilton Manors “City of”/General Matters – Resolution No. 3574, Approving
              and Authorizing the Proper City Officials to Execute an Agreement with
              MBR Construction, Inc., for the Design/Build of an Emergency Generator at
              Island City Park Preserve


Enclosed, for your review and placement on the July 13, 2010 City Commission Meeting
Agenda, please find Resolution No. 3574, Approving and Authorizing the Proper City
Officials to Execute an Agreement with MBR Construction, Inc., for the Design/Build of an
Emergency Generator at Island City Park Preserve.

The Agreement is also attached hereto. Should you require any additional information,
please contact me.



KLE:bp
Enclosure
 1                                      RESOLUTION NO. 3574
 2
 3          A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
 4          WILTON MANORS, FLORIDA, APPROVING AND AUTHORIZING
 5          THE PROPER CITY OFFICIALS OF THE CITY OF WILTON
 6          MANORS TO EXECUTE AN AGREEMENT WITH MBR
 7          CONSTRUCTION, INC., FOR THE DESIGN/BUILD OF AN
 8          EMERGENCY GENERATOR AT ISLAND CITY PARK PRESERVE
 9          COMMUNITY    CENTER;   PROVIDING  FOR   CONFLICTS;
10          PROVIDING FOR SEVERABILITY; AND PROVIDING AN
11          EFFECTIVE DATE.

12          WHEREAS, the City Commission of the City of Wilton Manors, Florida, deems it to

13   be in the best interests of the residents and citizens of Wilton Manors to enter into the

14   Agreement with MBR Construction, Inc., for the design/build of an Emergency Generator at

15   Island City Park Preserve Community Center.

16          NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF

17   THE CITY OF WILTON MANORS, FLORIDA, THAT:

18          Section 1.      The aforementioned "Whereas" clause is hereby ratified and confirmed

19   as being true and correct and is incorporated herein.

20          Section 2.      The City of Wilton Manors, Florida, hereby approves the terms and

21   conditions of the Agreement with MBR Construction, Inc., for the design/build of an

22   Emergency Generator at Island City Park Preserve Community Center, said Agreement having

23   been submitted for consideration to the City Commission in written form, a copy of which is

24   attached hereto and made a part hereof.

25          Section 3.      The proper City Officials of the City of Wilton Manors be, and they are

26   hereby authorized and directed to execute said Agreement.

27          Section 4.      All resolutions or parts of resolutions in conflict herewith, be and the

28   same are repealed to the extent of such conflict.



                                            Page 1 of 2
 1             Section 5.           If any Section, sentence, clause or phrase of this Resolution is held to be

 2   invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no

 3   way affect the validity of the remaining portions of this Resolution.

 4             Section 6.           This Resolution shall become effective immediately upon its passage and

 5   adoption.

 6   PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF WILTON
 7   MANORS, FLORIDA, THIS ___ DAY OF _______________ 2010.
 8
 9
10                                                      CITY OF WILTON MANORS, FLORIDA
11
12
13                                                      By:________________________________
14                                                            GARY RESNICK, MAYOR
15
16   ATTEST:                                                       RECORD OF COMMISSION VOTE
17
18   __________________                                            MAYOR RESNICK                                  _____
19   KATHRYN SIMS                                                  VICE MAYOR FLIPPEN                             _____
20   CITY CLERK                                                    COMMISSIONER GALATIS                           _____
21                                                                 COMMISSIONER GREEN                             _____
22                                                                 COMMISSIONER NEWTON                            _____
23   I HEREBY CERTIFY that I have
24   approved the form of this Resolution.
25
26   ______________________________
27   KERRY L. EZROL
28   CITY ATTORNEY
29
30
31
32
33
34
35
36   H:\1992\920129.WM\RESO.10\3574 (Agmt with MBR Construction for emergency generator at ICPP) 7.13.10mtg.doc




                                                      Page 2 of 2
                    CITY OF WILTON MANORS, FLORIDA
                  CONTRACT FOR CONSTRUCTION SERVICES
THIS CONTRACT, made and entered into this ______ day of _______, 2010, by and between the
CITY OF WILTON MANORS, a municipal corporation of Florida, hereinafter called the “CITY” or
“OWNER” and MBR CONSTRUCTION, INC., a Florida Corporation, hereinafter called
“CONTRACTOR”.

                                          WITNESSETH

        WHEREAS, The City has heretofore invited bids for a City construction project (“Project”)
identified by the bid title, bid number and project number listed above and commonly referred to as:

                       “Island City Park Preserve – Emergency Generator”

       WHEREAS, Contractor, in compliance with the bidding requirements announced by the City,
submitted a bid on the 29th day of June, 2010, for the total bid amount of $73,000.00; and

        WHEREAS, On the 13th day of July, 2010, the City Commission designated CONTRACTOR
as having submitted the bid that was most advantageous to the City and authorized the execution of this
Agreement; and,

        WHEREAS, the Parties agree that the Project is scheduled to achieve Substantial Completion
without interruption within 38 calendar days after Notice To Proceed, subject to CITY approved time
extensions. Construction work to be completed in 38 calendar days and prior to September 30, 2010.

       NOW, THEREFORE, in consideration of these premises and the mutual conditions and
covenants contained herein, the parties agree as follows:

AGREEMENT

       1.1.    The Parties agree that:

               1.1.1. The foregoing "Whereas" clauses are true and correct and incorporated herein
                      by this reference.

               1.1.2. The CITY does hire and employ the DESIGN / BUILD CONTRACTOR to
                      provide construction services for completion of the Project.

               1.1.3. The CONTRACTOR does accept this Contract and does agree to furnish the
                      necessary labor, tools, equipment, materials and supplies, etc., and to
                      complete the Project by performing all the work as set forth in the this
                      Contract and the Contract Documents for the price and amounts set forth in
                      Contractor’s bid.

               1.1.4. Contractor is an independent contractor as that term is set forth in the General
                      Conditions for Construction GC-2, INDEPENDENT CONTRACTOR.


                                                 D-1
            1.1.5. Unless otherwise provided, all time frames referenced in all Contract
                   Documents shall be calendar days.

2. SCOPE OF SERVICES

     2.1.   The Project consists of those improvements described and set forth in the Contract
            Documents.

     2.2.   The "Contract Documents" are the compilation of the following individual
            documents:

            2.2.1. Invitation to Bid

            2.2.2. Instructions for Bidders
            2.2.3. Bid Proposal
            2.2.4. Bid Bond
            2.2.5. General Conditions for Construction (GC) – all references to “GC” shall
                    be to section numbers
            2.2.6. Construction Contract
            2.2.7. Certificate of Insurance
            2.2.8. Public Construction Bond
            2.2.9. Technical Specifications
            2.2.10. Contract Drawings and Plans
            2.2.11. Addenda
            2.2.12. Written directives or interpretations
            2.2.13. Manufacturers warranties


3. OBLIGATIONS OF DESIGN / BUILD CONTRACTOR

     3.1.   Design / Build Contractor shall:

            3.1.1. Furnish all materials, supplies, machines, equipment, tools, superintendents,
                   labor, insurance, and other accessories and design services necessary to
                   complete said project in accordance with the conditions and prices as stated
                   in the Contract Documents.

            3.1.2. Perform all the work and labor pursuant to this contract and all of the
                   materials furnished shall be in strict conformity with the Contract
                   Documents. CONTRACTOR further accepts and consents to the conditions
                   contained in said Contract Documents and expressly agrees to comply with
                   every requirement and stipulation therein contained.

            3.1.3. Furnish all tools, equipment, materials and supplies and to do all the work
                   above mentioned in a first-class, substantial and workmanlike manner, and in
                   conformity with the detail for said work on file in the office of the Project
                   Manager and strictly in accordance with the Contract Documents.

            3.1.4. CONTRACTOR shall furnish each subcontractor or material supplier with a
                   copy of his Public Construction Bond within five (5) days of subcontractors’
                                               D-2
                   work or material supplying and shall maintain records to establish that notice.
                   A copy of said notice shall be provided to the City’s Project Manager at time
                   of issuance.

            3.1.5. Guarantee all work and materials for a period of one (1) year, as set forth in
                   the General Conditions for Construction GC-24, WARRANTY.

            3.1.6. Pay promptly, before final settlement, any and all claims or liens by
                   subcontractors or material suppliers, incurred in and about this work.

            3.1.7. Remove and clean up all rubbish, debris, excess material, temporary
                   structures, tools and equipment from streets, alleys, parkways and adjacent
                   property that may have been used or worked on by the CONTRACTOR in
                   connection with the project promptly as such section or portion is completed
                   and ready for use, leaving the same in a neat and presentable condition.

            3.1.8. Observe and comply with the provisions of the charter, ordinances, codes and
                   regulations of the City of Wilton Manors, Florida.

            3.1.9. Obtain written approval from the CITY of all subcontractors not disclosed in
                   the Contractor’s bid document.

            3.1.10. Perform such other tasks as set forth in the Contract Documents.

            3.1.11. Shall provide all required bonds, insurance certificates and any other required
                    security for performance of the Project within ten (10) of the Award of the
                    Project.

     3.2.   The CONTRACTOR will be held responsible for the care, protection and condition
            of all work until final completion and acceptance thereof, and will be required to
            make good at his own cost any damage or injury occurring from any cause resulting
            from their acts or omissions, or the acts or omissions of their subcontractors or
            suppliers.

4. CITY’S OBLIGATIONS

     4.1.   City shall provide a written Notice to Proceed.

     4.2.   Make timely payments for the work in accordance with the procedures and time
            frames set forth in the Contract Documents.

     4.3.   On satisfactory completion of the Project, provide a written final acceptance and
            payment for the entire project.

5. COMMENCEMENT OF WORK

     5.1.   CONTRACTOR hereby agrees to prepare plans and details and obtain all required
            permits within 15 days from the date of contract award. CONTRACTOR shall
            complete construction within 28 days from receipt of permits.


                                             D-3
     5.2.   Time is the essence of the contract. In the event the CONTRACTOR shall fail to
            timely commence the work following Notice to Proceed or fail in the performance of
            the work specified and required to be performed within the time limit set forth in the
            contract, after due allowance for any extension or extensions of time made in
            accordance with the Contract Documents, the CONTRACTOR shall be liable to the
            CITY, as liquidated damages, the amount stipulated in Section 6.0 hereinbelow for
            each and every calendar day that the CONTRACTOR shall be in default of achieving
            certification of Substantial Completion.

     5.3.   CONTRACTOR shall notify the Project Manager in writing of any change in the
            names and addresses of each subcontractor proposed for principal parts of work, and
            any changes in subcontractors from those proposed in CONTRACTOR’s bid
            proposal, and for such others as the Project Manager may direct, and shall not
            employ any that CITY may, within a reasonable time, object to as incompetent or as
            unfit.

6. LIQUIDATED DAMAGES

     6.1.   The CONTRACTOR further agrees to pay $500.00 per day as liquidated damages,
            for failure to begin within ten (10) days of CITY’s issuance of the “Notice to
            Proceed” or failure to achieve Substantial Completion within 38 calendar days from
            the Commencement Date as indicated in the written “Notice to Proceed”. The CITY
            shall have the right to deduct said liquidated damages from any amount due, or that
            may become due the CONTRACTOR, or to collect such liquidated damages from
            the CONTRACTOR or his Surety.

     6.2.   Punch list items recorded as a result of inspections for Substantial Completion are to
            be corrected by the CONTRACTOR within thirty (30) calendar days and prior to any
            request for Final Inspection, Testing and Acceptance as stated in the General
            Conditions for Construction (GC-50). If the Substantial Completion punch list items
            have not been corrected by the CONTRACTOR within the thirty (30) calendar day
            period, at the discretion of the Project Manager, Liquidated Damages may be applied
            as described in Section 6 above.

7. PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS

     7.1.   The CONTRACTOR warrants that quoted prices include the protection and
            continuous use of all existing work in process, property or operations of the CITY.

8. INDEMNIFICATION

     8.1.   The CONTRACTOR shall indemnify and save harmless and defend the CITY, its
            agents, servants, and employees from and against any claim, demand, or cause of
            action of whatsoever kind or nature arising out of error, omission or negligent act of
            CONTRACTOR, its agents, servants, or employees in the performance of services
            under this Agreement.

     8.2.   CONTRACTOR shall indemnify and save harmless and defend CITY, its agents,
            servants and employees from against any kind and all causes, claims, demands,

                                             D-4
             actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and fees
             (including without limitation reasonable attorney’s and paralegal expenses at both
             the trial and appellate levels) of whatsoever kind or nature for damages to persons or
             property caused in whole or in part by any act, omission, or default of the CITY, its
             agents, servants or employees arising from this contract or its performance. The
             CONTRACTOR and the CITY hereby agree and covenant that the CONTRACTOR
             has incorporated in this original bid, which constitutes the Contract sum payable by
             the CITY to the CONTRACTOR, specific additional consideration in the amount of
             ten dollars ($10.00) sufficient to support this obligation of indemnification provided
             for in this paragraph. The indemnification required pursuant to the Contract shall in
             no event be less than $1 million per occurrence or no more than the limits of
             insurance required of the CONTRACTOR by the Contract, whichever is greater. It
             is the CITY’S and CONTRACTOR’S full intention that this provision shall be
             enforceable and said provision shall be in compliance with Section 725.06, Florida
             Statute.

     8.3.    The execution of this Agreement by the CONTRACTOR shall obligate
             CONTRACTOR to comply with the foregoing indemnification provision, as well as
             the insurance provisions which are set forth in the General Conditions for
             Construction. However, the indemnification provision, and the insurance provision
             contained in the General Conditions for Construction are not interdependent of each
             other, but rather each one is separate and distinct from the other.

     8.4.    The obligation of the CONTRACTOR to indemnify the CITY is not subject to any
             offset, limitation or defense as a result of any insurance proceeds available to either
             the CITY or the CONTRACTOR.

9. PAYMENT BY CITY

     9.1.    The CITY agrees to pay the CONTRACTOR in current funds for the performance of
             the contract, subject to additions and deductions as provided in the Contract
             Documents.

10. CHANGES IN THE WORK

     10.1.   The CITY, without invalidating the Contract, may order extra work or make changes
             by altering, adding to or deducting from the work, the Contract sum being adjusted
             accordingly. All such work shall be executed under the conditions of the original
             Contract. Any claim for extension of time caused thereby shall be made in writing at
             the time such change is ordered. Changes in the work must be processed as set forth
             in the General Conditions for Construction GC-46, FIELD CHANGE
             DIRECTIVES/CHANGE ORDERS.

     10.2.   All change orders and adjustments shall be in writing and approved by the Project
             Manager, otherwise, no claim for extras will be allowed.

     10.3.   Claim of payment for extra work shall be submitted by the CONTRACTOR upon
             certified statement supported by receipted bills. Such statements shall be submitted
             for the current contract payment for the month in which the work was done. No

                                              D-5
             claim for extra work shall be allowed unless same was ordered, in writing, as
             aforesaid and the claim presented at the time of the first estimate after the work is
             completed.

11. PROJECT ENGINEER (DESIGN / BUILD CONTRACTOR) and CITY’S
    DESIGNATED REPRESENTATIVE

     11.1. The DESIGN / BUILD CONTRACTOR shall provide the Project Engineer for this
     Project, which will include the preparation of the Final Plans, and Contract Documents and
     procurement of all required permits.

     11.2.   The CITY’S DESIGNATED REPRESENTATIVE shall perform construction
             observation and contract administration activities on behalf of the City. The CITY’S
             DESIGNATED REPRESENTATIVE is the agent of the CITY only to the extent
             provided in the Contract Documents and when in special instances he has the
             authority by CITY to act, and in such instances he shall, upon request, show
             CONTRACTOR such authority in writing. He has authority to stop the work
             whenever such stoppage may be necessary to insure the proper execution of the
             Contract.

     11.3.   As the CITY’S DESIGNATED REPRESENTATIVE is, in the first instance, the
             interpreter of the conditions of the contract and the judge of its performance, he shall
             side neither with CITY nor with CONTRACTOR, but shall use his authority
             pursuant to the Contract to enforce its faithful performance by both parties.

     11.4.   In the event of a dispute, the role of the CITY’S DESIGNATED
             REPRESENTATIVE is to make recommendations to the Project Manager who shall
             make the final decision.

12. INSURANCE

     12.1.   The Contractor shall obtain and maintain insurance as set forth in the General
             Conditions for Construction GC-27, INSURANCE.

13. CONTRACT CONTROLS

     13.1.   This Contract must be construed with all other Contract Documents, a master set of
             which shall be maintained by the City Clerk of the CITY. In the event of a dispute,
             only the master set of documents, or copies thereof certified by the City Clerk, shall
             be used as evidence.

     13.2.   In the event of a conflict between the requirements or specifications set forth in the
             Contract Documents, the conflict shall be resolved by written interpretation by the
             CITY, or its representatives as set forth in the General Conditions for Construction
             (GC-17, CONTRACT INTERPRETATION. In reconciling conflicting provisions of
             the Contract Documents, the Contract shall have the greatest weight, followed by the
             General Conditions for Construction and finally by the balance of the Contract
             Document.



                                              D-6
14. TIME OF ESSENCE

     14.1.   Inasmuch as the provisions of the Contract Documents relating to the times of
             performance and completion of the work are for the purpose of enabling the CITY to
             complete the construction of a public improvement in accordance with a
             predetermined program, all such time limits are of the essence of the Contract.

15. REMEDY FOR DELAY

     15.1.   In the event of any delay in the project caused by any act or omission of the CITY,
             its agents or employees, by the act or omission of any other party other than the
             CONTRACTOR, his agents, employees or subcontractors, or delay caused by
             weather conditions or unavailability of materials, the sole remedy available to
             CONTRACTOR shall be by extension of the time allocated to complete the project.

     15.2.   NO MONETARY DAMAGES SHALL BE CLAIMED OR AWARDED TO
             CONTRACTOR IN ASSOCIATION WITH ANY DELAY IN THE PROJECT
             CAUSED BY AN ACT OR OMISSION OF THE CITY, ITS AGENTS OR
             EMPLOYEES. CONTRACTOR ACKNOWLEDGES THIS LIMITATION ON
             RECOVERY AND ASSUMES ALL MONETARY RISK ASSOCIATED WITH
             THIS LIMITATION.


     DESIGN / BUILD CONTRACTOR hereby acknowledges that he has read and
     understands the above provision. _________
               INITIALS

     15.3.   Failure on the part of CONTRACTOR to timely process a request for an extension of
             time to complete the work shall constitute a waiver by CONTRACTOR and
             CONTRACTOR shall be held responsible for completing the work within the time
             allocated by this contract.

     15.4.   All requests for extension of time to complete the work shall be made in accordance
             with the General Conditions for Construction GC-23, EXTENSION OF TIME/NO
             DAMAGES FOR DELAY.

     15.5.   For the purpose of this section, the phrase “the CITY, its agents and employees”
             shall include but shall not be limited to the Project Engineer and Project Manager.

16. DISPUTES

     16.1.   Disputes shall be resolved as set forth in the General Conditions for Construction
             GC-18, DISPUTES.

     16.2    Upon resolution of a dispute by the Owner, either party may request the appointment
             of a mediator.




                                            D-7
     IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its City
Manager, attested to by the City Clerk with the Corporate Seal of the said CITY and the
CONTRACTOR has executed these presence the day and year herein before written.

                                                                      CITY
ATTEST:                                                               CITY OF WILTON MANORS


                                                                      BY:
                                                                            MAYOR GARY RESNICK
Katherine Sims
CITY CLERK

APPROVED AS TO FORM.


KERRY L. EZROL
CITY ATTORNEY
                                                                     CONTRACTOR
WITNESSES:                                                           MBR CONSTRUCTION, INC.

                                                                      BY:
                                                                            MICHAEL BOSS, President


ATTEST:

SECRETARY

STATE OF FLORIDA                        )
                                        )SS:
COUNTY OF BROWARD                       )

         BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments,
personally appeared Michael Boss, as President, of MBR Construction, Inc., an organization, authorized to
do business in the State of Florida, and acknowledged executed the foregoing Agreement as the proper
official of MBR Construction, Inc. for the use and purposes mentioned in it and affixed the official seal of
the corporation, and that the instrument is the act and deed of that corporation:

        IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County
aforesaid on this day of           , 2010.


                                                                                NOTARY PUBLIC
My Commission Expires:


H:\1992\920129.WM\AGMT 2010\3574 (Amgt MBR Construction for ICPP Emergency Generator) 7.13.10mtg.doc




                                                               D-8
COMMISSION AGENDA REPORT
MEETING DATE: July 13, 2010

From:           David J. Archacki, Emergency Management/Utilities Director
Prepared by:    Rita Leseberg, Administrative Coordinator, EM/Utilities Dept.


(a) Subject:    Resolution No. 3576 authorizing on the Consent Calendar the
                exercising of the first one-year option to the Joint Participation
                Agreement with Broward County to host an Household Hazardous
                Waste Event

(b) City Manager Approval: Recommend approval

(c) Report In Brief: The Joint Participation Agreement (“JPA”) with Broward County for
    the City to host an annual Household Hazardous Waste Drop-off Event expires on
    August 5th, 2010, but allows for three additional one-year options.

(d) Discussion:       The City’s annual Household Hazardous Waste Event has been
    extremely well attended by City residents in the seven years it has been held.
    Statistics show that, during the February 2010 event alone, this single event resulted
    in a total of 453 vehicles participating, with over 20,000 lbs. of household hazardous
    waste collected, and presumably prevented from entering landfills. There is no cost
    to the City for hosting this event (other than wages for two City staff members for
    traffic control and survey activities), as the event is included in the interlocal
    agreement for integrated waste management.

(e) Strategic Plan Consistency: Approval of this Resolution promotes Strategic Plan
    Goal 2: Strong Community Identity and Pride – Objective 4, More “Community
    Building” Events and Festivals; and Objective 5, People Working Together for Our
    Community – “Best for Wilton Manors”.

(f) Concurrences:     Broward County, other participating municipalities.

(g) Fiscal Impact:    None.

(h) Alternatives:

(i) Attachments:      Resolution No. 3576; June 18, 2010 Letter from Broward County
    extending the Joint Participation Agreement for the first additional one-year period
               OFFICE OF THE CITY ATTORNEY
             CITY OF WILTON MANORS, FLORIDA

                                      MEMORANDUM

TO:           Kathryn Sims, City Clerk (via e-mail)
              Patricia Staples, Deputy City Clerk (via e-mail)

FROM:         Kerry L. Ezrol, City Attorney

DATE:         July 1, 2010

SUBJECT:      Wilton Manors “City of”/General Matters – Resolution No. 3576,
              Consenting   to   an   Extension of the     Joint   Participation
              Agreement between Broward County and City of Wilton Manors for
              Household Hazardous Waste Collection Events


Enclosed, for your review and placement on the July 13, 2010 City Commission Meeting
Agenda, please find Resolution No. 3576, Consenting to An Extension of the Joint
Participation Agreement between Broward County and City of Wilton Manors for
Household Hazardous Waste Collection Events.

Should you require any additional information, please contact me.



KLE:bp
Enclosure
 1                                       RESOLUTION NO. 3576
 2
 3           A RESOLUTION OF THE CITY COMMISSION OF THE CITY
 4           OF WILTON MANORS, FLORIDA, CONSENTING TO AN
 5           EXTENSION OF THE JOINT PARTICIPATION AGREEMENT
 6           BETWEEN BROWARD COUNTY AND THE CITY OF WILTON
 7           MANORS    FOR   HOUSEHOLD    HAZARDOUS   WASTE
 8           COLLECTION EVENTS; PROVIDING FOR CONFLICTS;
 9           PROVIDING FOR SEVERABILITY; AND PROVIDING AN
10           EFFECTIVE DATE.

11           WHEREAS, the City Commission of the City of Wilton Manors, Florida, deems it to

12   be in the best interests of the residents and citizens of Wilton Manors to consent to the extension

13   of the Joint Participation Agreement between Broward County and the City of Wilton Manors

14   for Household Hazardous Waste Collection Events.

15           NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF

16   THE CITY OF WILTON MANORS, FLORIDA, THAT:

17           Section 1.      The aforementioned "Whereas" clause is hereby ratified and confirmed

18   as being true and correct and is incorporated herein.

19           Section 2.      The City of Wilton Manors, Florida, hereby consents to the extension of

20   the Joint Participation Agreement between Broward County and the City of Wilton Manors for

21   Household Hazardous Waste Collection Events through August 5, 2011.

22           Section 3. All resolutions or parts of resolutions in conflict herewith, be and the same

23   are repealed to the extent of such conflict.

24           Section 4. If any Section, sentence, clause or phrase of this Resolution is held to be

25   invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no

26   way affect the validity of the remaining portions of this Resolution.

27           Section 5. This Resolution shall become effective immediately upon its passage and

28   adoption.

                                                    Page 1 of 2
 1
 2   PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF WILTON
 3   MANORS, FLORIDA, THIS ___ DAY OF JULY 2010.
 4
 5
 6                                                     CITY OF WILTON MANORS, FLORIDA
 7
 8
 9                                                     By:________________________________
10                                                           GARY RESNICK, MAYOR
11
12   ATTEST:                                                     RECORD OF COMMISSION VOTE
13
14   __________________                                          MAYOR RESNICK                                  _____
15   KATHRYN SIMS                                                VICE MAYOR FLIPPEN                             _____
16   CITY CLERK                                                  COMMISSIONER GALATIS                           _____
17                                                               COMMISSIONER GREEN                             _____
18                                                               COMMISSIONER NEWTON                            _____
19   I HEREBY CERTIFY that I have
20   approved the form of this Resolution.
21
22   ______________________________
23   KERRY L. EZROL
24   CITY ATTORNEY
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46   H:\1992\920129.WM\RESO.10\3576 (Extension to Joint Participation Agmt wBC re Household Hazardous Waste Event) 7.13.10mtg.doc



                                                             Page 2 of 2
COMMISSION AGENDA REPORT
MEETING DATE: July 13, 2010

From: Patrick Cann, Director of Leisure Services
Prepared by: Same

(a) Subject: Resolution No. 3577 adopting the attached Parks, Recreation and
    Open Space Master Plan.

(b) City Manager Recommendation: Recommend approval.

(c) Report In Brief: Approval of Resolution No. 3577 authorizes the City to adopt
    the Parks, Recreation and Open Space Master Plan as presented by AECOM
    Planning Consultant.

(d) Discussion: The City partnered with AECOM to develop a parks system
    master plan to provide guidance to the City in evaluating suggestions for
    future visioning and planning of parks, programs and amenities. The process
    in developing this plan consisted of identifying and recording an existing
    system analysis, performing a needs and priorities assessment, developing a
    long range vision and developing an implementation strategy.

   The final plan is long-term and reveals the potential partners and
   collaborations to maximize resources while meeting quality of life standards
   during leisure time for our residents. It also establishes a fairness and equity
   policy by guiding the City with redevelopment initiatives that were revealed by
   citizen participation, elected officials, City staff and planning experts.

   The Parks System Master Plan serves as a pillar for back-up information
   necessary to qualify for grant funding and prioritizes general and alternative
   funding for future Capital Improvement Program. Adopting this master plan
   also maximizes the value of individual, community, environmental and
   economic benefits that ensure a high quality of life.

(e) Strategic Plan Consistency: Adopting a parks, recreation and open space
    master plan supports Goal 1: Sustainable Urban Village, Objectives 4 & 5,
    Small-Town Feeling with Access to Beach and Urban Amenities and
    Maintaining a Distinctive Community Identity. It also Supports Goal 2:
    Financially Sound City Government, Objectives 3, 4 & 5, Adequate Revenue
    to Support Services, Cost-Effective Delivery of City Services and Increase
   Non-property Tax Revenue and Outside Resources and Goal 6: Quality City
   Services, Valued by our Citizens, Objective 5; services provided in the most
   cost-effective manner.

(f) Concurrences: Mayor and Commission, City Manager, all City Departments,
City Boards and Public

(g) Fiscal Impact: N/A

(h) Alternatives: None recommended

(i) Attachments: Resolution No. 3577; Parks System Master Plan
               OFFICE OF THE CITY ATTORNEY
             CITY OF WILTON MANORS, FLORIDA

                                      MEMORANDUM

TO:           Kathryn Sims, City Clerk (via e-mail)
              Patricia Staples, Deputy City Clerk (via e-mail)

FROM:         Kerry L. Ezrol, City Attorney

DATE:         July 7, 2010

SUBJECT:      Wilton Manors “City of”/General Matters – Resolution No. 3577, Adopting
              the Park Recreation and Open Space Master Plan


Enclosed, for your review and placement on the July 13, 2010 City Commission Meeting
Agenda, please find Resolution No. 3577, Adopting the Park Recreation and Open Space
Master Plan.

Patrick Cann will provide you with a copy of the Master Plan. Should you require any
additional information, please contact me.



KLE:bp
Enclosure
 1                                       RESOLUTION NO. 3577
 2
 3          A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
 4          WILTON MANORS, FLORIDA, ADOPTING THE PARK,
 5          RECREATION AND OPEN SPACE MASTER PLAN; PROVIDING
 6          FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
 7          PROVIDING AN EFFECTIVE DATE.

 8           WHEREAS, the City Commission of the City of Wilton Manors, Florida, deems it

 9   to be in the best interests of the residents and citizens of Wilton Manors to adopt the Park,

10   Recreation and Open Space Master Plan.

11           NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF

12   THE CITY OF WILTON MANORS, FLORIDA, THAT:

13           Section 1.      The aforementioned "Whereas" clause is hereby ratified and

14   confirmed as being true and correct and is incorporated herein.

15           Section 2.      The City of Wilton Manors, Florida, hereby adopts the Park,

16   Recreation and Open Space Master Plan, said Master Plan having been submitted for

17   consideration to the City Commission in written form, a copy of which is attached hereto

18   and made a part hereof.

19           Section 3.      All resolutions or parts of resolutions in conflict herewith, be and the

20   same are repealed to the extent of such conflict.

21           Section 4.        If any Section, sentence, clause or phrase of this Resolution is held

22   to be invalid or unconstitutional by any court of competent jurisdiction, then said holding

23   shall in no way affect the validity of the remaining portions of this Resolution.

24           Section 5.      This Resolution shall become effective immediately upon its passage

25   and adoption.

26

                                           Page 1 of 2
 1   PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF
 2   WILTON MANORS, FLORIDA, THIS ___ DAY OF JULY 2010.
 3
 4
 5                                                      CITY OF WILTON MANORS, FLORIDA
 6
 7
 8                                                      By:________________________________
 9                                                            GARY RESNICK, MAYOR
10
11   ATTEST:                                                       RECORD OF COMMISSION VOTE
12
13   __________________                                           MAYOR RESNICK           _____
14   KATHRYN SIMS                                                 VICE MAYOR FLIPPEN      _____
15   CITY CLERK                                                   COMMISSIONER GALATIS    _____
16                                                                COMMISSIONER GREEN      _____
17                                                                COMMISSIONER NEWTON     _____
18   I HEREBY CERTIFY that I have
19   approved the form of this Resolution.
20
21   ______________________________
22   KERRY L. EZROL
23   CITY ATTORNEY
24
25
26
27
28
29
30   H:\1992\920129.WM\RESO.10\3577 (adopt Parks System Master Plan) 07.13.10mtg.doc




                                                      Page 2 of 2
                    OFFICE OF THE CITY ATTORNEY
                  CITY OF WILTON MANORS, FLORIDA
                                          MEMORANDUM

TO:            Mayor Gary Resnick
               Members of the City Commission

CC:            Joseph Gallegos, City Manager

FROM:          Kerry L. Ezrol, City Attorney

RE:            City Attorney Report

DATE:          July 6, 2010


I.      Litigation - Insurance

        A)     Wilton Manors adv. Rosalyn Halliday as parent and Natural Guardian of Katrina
               Austin, a minor child: City has received notice alleging that the City negligently
               supervised during a City sponsored after school program occurring on October 5,
               2004. Matter referred to the Florida League of Cities for handling. No suit filed.

        B)     Wilton Manors adv. MS Sr., PS (minor): City received notice from Keith Chasin,
               Esquire alleging that the City negligently supervised during a City sponsored after
               school program “BASH” while minor was a victim of a sexual assault by another child
               in the program. Matter referred to the Florida League of Cities to handle. City was
               served with Summons/Complaint on March 6, 2006 which was sent to the Florida League
               of Cities to respond. Bruce Johnson is defending the City.

        C)     Wilton Manors adv. Marlon DeMoya: City received notice regarding an accident
               (3.19.06) involving an individual named Marlon DeMoya from Charles H. Cohen,
               Esquire and referred the matter to the Florida League of Cities for handling. DeMoya
               filed suit against the City on October 13, 2009.

        D)     Wilton Manors adv. Gary Hancock: On November 9, 2006 City received notice from
               Jason A. Deitch, Esquire of Boone & Davis, alleging that Gary Hancock sustained
               injuries as a result of a bicycle accident when he hit a hole in the roadway made by a
               sunken pipe. The matter has been referred to Florida League of Cities for handling.

        E)     Wilton Manors v. State of Florida, Department of Management Services, Division of
               Retirement: Pension Board and City filed Petitions for the State to release the chapter
               monies. Matter is being handled by Bob Klausner, Pension Board Attorney.
               City/Pension Board prevailed. Division of Retirement objected. City/Pension Board
               to appeal.

                                                  1
II.   Litigation - City Attorney

      A)     Wilton Manors v. Peter Yawt: Complaint filed against Yawt for Code Enforcement
             Lien Foreclosure. Case settled.     Joint Stipulation for Entry of Agreed Order
             Approving Settlement and Final Order of Dismissal along with the Agreed Order
             Approving Settlement and Final Order of Dismissal was entered June 12, 2006.
             Payment of $30,000.00 to be paid at closing on or before December 31, 2006. No
             payment. Amount bears interest. Court Order authorizing Sale entered August 11,
             2008. Due Diligence contact made.

      B)     Wilton Manors adv. BankUnited FSB: City served with Summons/Complaint on
             October 22, 2008 as defendants in Complaint for Mortgage Foreclosure. City has a
             Lawn lien on the subject property. Answer filed.

      C)     Wilton Manors adv. JPMorgan Chase Bank, N.A.:                     City served with
             Summons/Complaint on October 30, 2008 as defendants in Complaint for Mortgage
             Foreclosure. City has a Utility lien on the subject property. Answer filed.

      D)     Wilton Manors adv. Deutsch Bank National Trust Company (Arthur Stengel): City
             served with Summons/Complaint on December 15, 2008 as defendants in Complaint
             for Mortgage Foreclosure. City has two Utility liens and Notice of Non-Compliance
             on the subject property. Answer filed.

      E)     Wilton Manors adv. Aurora Loan Services, LLC (Arthur Stengel): City served with
             Summons/Complaint on December 15, 2008 as defendants in Complaint for Mortgage
             Foreclosure. City has two Utility liens and Notice of Non-Compliance on the subject
             property. Answer filed.

      F)     Wilton Manors adv. Allan Shanks: City served with Summons/Complaint on March
             12, 2009. Complaint for Declaratory Judgment & Motion for Injunction challenging
             the Sexual Predator Ordinance. Answer filed.

      G)     Wilton Manors adv. Robert J. Sher and Nancy Nuevelt v. Jean M. Blanc, et al.:
             Foreclosure action. City has Utility Lien. Answer filed.

      H)     Wilton Manors adv. Stevenson (Aqua Champs Swim School): Appeal relating to
             conditional use. First Amended Complaint for Certiorari served on the City on June
             16, 2009. City’s response filed July 15, 2009. Oral Argument set for April 6, 2010.

      I)     Wilton Manors adv. Ocean Bank v. Sandra Patricia Rueda Herran: Foreclosure Sale
             scheduled for August 4, 2009. Ocean Bank’s and Gateway’s Motion for Summary
             Judgment scheduled for August 19, 2009. Foreclosure Sale scheduled for November
             25, 2009.

      J)     Wilton Manors adv. Citimortgage, Inc. v. Greg S. Langsett: City served with
             Summons/Complaint on March 4, 2009 as defendants in Complaint for Mortgage
             Foreclosure. City has a Code lien on the subject property. Answer filed.

                                               2
         K)       Wilton Manors adv. Robert J. Sher and Nancy Nuevelt v. Jean M. Blanc, et al.:
                  Foreclosure action. City has Utility Lien. Answer filed.

         L)       Wilton Manors adv. Chase Home Finance, LLP:                         City served with Foreclosure
                  Complaint April 8, 2009. Answer filed.

         M)       Wilton Manors adv. Bank of New York Mellon:                         City served with Foreclosure
                  Complaint April 28, 2009. Answer filed.

III.     Litigation – Police Department – Civil Forfeitures/Seizures

         A)       Wilton Manors v. Kulmene Dulcio: On September 1, 2009, the Police Department
                  seized $41,497 in currency from Kulmene Dulcio following his arrest for narcotics
                  violations and a search of his Fort Lauderdale residence. A Petition for Forfeiture has
                  been filed in the Circuit Court for Broward County and this matter is currently being
                  litigated.

Should you have any questions concerning the above, please do not hesitate to contact me.




H:\1992\920129.WM\MEMO.10\CITY ATTORNEY REPORT MEMO\Atty Report for July 13th, Final.doc




                                                              3
COMMISSION AGENDA REPORT
MEETING DATE:        July 13, 2010

From:                Lisa C. Rabon, Finance Director

Prepared by:         Bob Mays, Assistant Finance Director

(a) Subject: Motion to appoint a member of the City Commission to the City’s
Auditor Selection Committee.

(b) City Manager Recommendation: Recommend Approval of Selection by
Motion.

(c) Report In Brief: Selection of a member of the City Commission to serve on
the selection committee pursuant to the issuance of a Request for Proposals for
external auditor services. With the submittal of the FY 09 audit, the contract with
the current auditing firm of TCBA Watson Rice LLP has expired.

(d) Discussion:       Chapter 218.391 of the Florida Statutes sets forth auditor
selection procedures. Municipalities are required to establish an audit committee
to carry out the auditor selection process. Although it is not a requirement of the
statutes for a Commission member to be a member of the audit committee, staff
recommends that a Commissioner serve on the audit committee along with the
City Manager, Finance Director and Assistant Finance Director.

It is anticipated that the RFP for Auditor Services will be released on July 19, with
responses due from proposers by August 19. The audit committee will have its
first meeting the week of August 30-September 2 to evaluate the proposals. If an
additional meeting is necessary, it will be held during the following two week
period. Contract approval by the Commission will be September 14.

(e) Strategic Plan Consistency: Goal 2: Financially Sound City Government

(f) Concurrences: N/A

(g) Fiscal Impact: None

(h) Alternatives:   None Recommended

(i) Attachments: Audit Committee Timeline
                                City of Wilton Manors

                             Audit Committee Timeline



•   7/19/10      Issuance of RFP

•   7/26/10      Submission deadline for written questions 5:00 PM Eastern Time

•   7/28/10      Issuance of Addendum (if needed)

•   8/19/10      Proposals due by 2:00 PM Eastern Time

    Week of
•   8/30 – 9/2   First meeting of Audit Committee for RFP Evaluation

    Week of
•   9/7 - 9/9    Second meeting of Audit Committee (if needed)

•   9/14/10      Award of Contract by Wilton Manors City Commission

•   11/1/10      Auditor Services Commence

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:17
posted:11/5/2011
language:English
pages:85