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HomeMy WebLinkAbout2005-03-23 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING WEDNESDAY MARCH 23, 2005 CALL TO ORDER: Mayor Schreiber called the regular meeting of the City Commission to order at 9:00 A.M. on Wednesday, March 23, 2005, in Chambers at Tamarac City Hall, 7525 NW 88 Avenue, Tamarac, FL. PRESENT: Mayor Joe Schreiber, Vice Mayor Marc L. Sultanof, Commissioner Edward C. Portner, Commissioner Beth Flansbaum-Talabisco, and Commissioner Karen L. Roberts. ALSO PRESENT: Assistant City Manager Diane Phillips, City Attorney Mitchell S. Kraft, and City Clerk Marion Swenson. PLEDGE OF ALLEGIANCE: Commissioner Beth Flansbaum-Talabisco led the pledge of allegiance. INTRODUCTION 1. PROCLAMATIONS AND PRESENTATIONS: a. Presentation by Mayor Schreiber of a proclamation proclaiming the week of May 15- 21, 2005 as National Public Works Week. Public Works Director Strain accepted, thanked everyone and said Public Works is part of the city team, trying to make Tamarac a better place in which to live. b. Presentation by Mayor Schreiber of a proclamation proclaiming the month of April as Water Conservation Month. Utilities Director Gagnon and Laboratory Manager Oney accepted. Laboratory Manager Oney thanked everyone and said conservation is a year- round effort. C. Presentation by Mayor Schreiber of employee service awards: Chief Budzinski announced that on Saturday Joseph "Tony" Chin was promoted to Lieutenant. 5-year awards: Joseph Chin, Firefighter 2, Shad Kirshenbaum, Firefighter 3, Adriana Lucker, Purchasing Coordinator, Robert Schild, Wastewater Service Worker, Van Schoen, Community Education Preparedness Specialist, William Sweginnis, Lieutenant 5, Eric Viveros, Lieutenant 5, and Darlene Williams, Firefighter 3 10-year award: Trevor Feagin, GIS Manager 15year awards: Glenn Martinez, Maintenance Worker III and Mark Micciche, Fire Inspector/Plans Examiner 25year_awards: Edward Heck, Wastewater Service Worker and Steven Taylor, Lt. 1 REPORTS 2. City Commission: Mayor Schreiber said it is nice to see employees receiving their service awards and the city is improving. Mayor Schreiber read a letter from the Office of the Secretary of Defense dated February 27, 2005 into the record and presented the city March 23, 2005 Page 1 of 8 with a Statement of Support for the Guard and Reserve (attached and made a part of these minutes). Commissioner Portner said he received the same letter which he turned over to the City Manager for signature and display. Commissioner Roberts congratulated the dedicated employees who were recognized this morning and said it is good to see that our employees are here to stay. Vice Mayor Sultanof congratulated the men and women who serve our city. Vice Mayor Sultanof spoke about civility and said 90% of the time our commission votes 5-0. Vice Mayor Sultanof expressed his displeasure in Tamarac not being represented on the County Library Committee, and no one negotiating for Tamarac with regard to the closure of the small library on McNab Road, while the City of Coral Springs was able to negotiate to keep their small library open. Vice Mayor Sultanof said he is concerned that the mall in which the library was situated will lose business and may become blighted. Vice Mayor Sultanof also commented on the Mayor and City Commission traveling on behalf of the city and asked that any commissioner who does so tender a written report to the Mayor and City Commission in a professional manner. Commissioner Flansbaum-Talabisco thanked all staff who participated in this morning's award ceremony, adding she would like the employees to remain in Chambers through the Mayor and City Commission reports so they can receive congratulations from the Mayor and City Commission. Commissioner Flansbaum-Talabisco added she thinks of the employees as 'Team Tamarac'. Commissioner Flansbaum-Talabisco said Sunday is Easter Sunday and she wished Commissioner Roberts and family a Happy Easter and a happy holiday to staff. Mayor Schreiber responded with regard to the closure of the small library on McNab Road, that the City of Coral Springs spends $300,000 per year to keep their small library open, and Tamarac had the same option. 3. City Attorney: City Attorney Kraft had no report. 4. City Manager: Assistant City Manager Phillips advised that Community Development is in the process of drafting proposed guidelines for the Main Street/57 Street Project, to be brought before the Mayor and City Commission this spring. The Fire Department reports that the Community Emergency Response Team (CERT) Advanced Training class was completed on March 191h; it is anticipated that 400 members will be trained by the end of the program. Tamarac's program is being considered for additional State funding and will serve as a model program for Florida. Parks and Recreation reports that the Lunch With Peter Cottontail event held on March 12th at the Tamarac Community Center was well attended. The Night of the Irish event on March 16th at the Tamarac Community Center and the Spring Fest on March 19th at Tamarac Park were also well attended. Everyone is invited to the 3rd in our series of concerts on April 1st at the Tamarac Sports Complex from 7.00 p.m. — 9:00 p.m. Summer camp packets are available at Tamarac Park and the Tamarac Community Center. Public Works reports that work has begun on the Veterans Park boat ramp and the existing parking lot is being reconfigured. 5. PUBLIC PARTICIPATIO N:..There was no public participation. March 23, 2005 Page 2of8 CONSENT AGENDA 6. Commissioner Roberts seconded by Vice Mayor Sultanof moved to pull Item 6(I) from the consent agenda and table said item until such time as the outstanding stormwater fees are paid. Item 6(I). FIRST AMENDMENT TO WATER AND SEWER DEVELOPER'S AGREEMENT — MAINSTAY SUITES PROJECT: (TR10635) Executing a First Amendment to the Water and Sewer Developer's Agreement with Tamarac Hotels, Inc., for the Mainstay Suites Project, located at 8301 West Commercial Boulevard, requiring an additional 27.3 ERC's for water and 27.3 ERC's for sewer establishing additional contribution charges in the amount of $87,360.00; authorizing and directing the City Clerk to record said agreement in the Public Records of Broward County. On roll call Vice Mayor Sultanof voted "yes", Commissioner Flansbaum-Talabisco "yes", Mayor Schreiber "yes", Commissioner Roberts "yes", and Commissioner Portner "yes". Motion carried. Commissioner Portner seconded by Commissioner Flansbaum-Talabisco moved approval of all items on the consent agenda with the exception of 6(I). On roll call Commissioner Flansbaum-Talabisco voted "yes", Mayor Schreiber "yes", Commissioner Roberts "yes", Commissioner Portner "yes", and Vice Mayor Sultanof "yes". Motion carried. a. APPROVE the minutes of the March 9, 2005 Regular City Commission meeting. APPROVED b. APPROVE the minutes of the March 15, 2005 Special City Commission meeting. APPROVED C. TAMARAC WATER AND SEWER UTILITY EASEMENT — FIRST EAST SIDE SAVINGS BANK PROJECT: (TR10640) Executing a "Tamarac Water and Sewer Utility Easement" with First East Side Savings Bank, for the First East Side Savings Bank Project, located at 9399 West Commercial Boulevard, to allow legal access by City Utility Personnel for installing, maintaining, and operating the Water Distribution and Sewage Collection System Improvements; authorizing and directing the City Clerk to record said agreement in the Public Records of Broward County. RESOLUTION NO. R2005-39 d. BILL OF SALE ABSOLUTE — FIRST EAST SIDE SAVINGS BANK PROJECT: (TR10641) Accepting a Bill of Sale Absolute from First East Side Savings Bank, for the Water Distribution and Sewage Collection System Improvements installed for the First East Side Savings Bank Project, located at 9399 West Commercial Boulevard, for City ownership; authorizing and directing the City Clerk to record said document in the public records of Broward County. RESOLUTION NO. R2005-40 e. BILL OF SALE ABSOLUTE — WESTWOOD APARTMENTS: (TR10652) Accepting a Bill of Sale Absolute from Nob Hill Landings, L.L.C., for the Water Distribution and Sewage Collection System Improvements installed for the Westwood Apartments Project, located on the north side of Westwood Drive just east of Nob Hill Road, for City ownership; authorizing and directing the City Clerk to record said document in the public records of Broward County. RESOLUTION NO. R2005-41 f. TAMARAC WATER AND SEWER UTILITY EASEMENT — WESTWOOD APARTMENTS: (TR10653) Executing a "Tamarac Water and Sewer Utility Easement" with Nob Hill Landings, L.L.C., Inc., for the Westwood Apartments Project, located on the north side of Westwood Drive just east of Nob Hill Road, to allow legal access by City Utility Personnel for installing, maintaining, and operating the Water Distribution and Sewage March 23, 2005 Page 3 of 8 Collection System Improvements; authorizing and directing the City Clerk to record said agreement in the Public Records of Broward County. RESOLUTION NO. R2005-42 g. AMENDING EXPENDITURE BUDGET AND BUDGET OF ESTIMATED REVENUES FOR FY2005: (TR10645) Amending the expenditure budget for the Fiscal Year 2005; amending the budget of estimated revenues for the Fiscal Year 2005. RESOLUTION NO. R2005-43 h. NEW DEVELOPMENT SITE PLAN APPLICATION FEE REFUND -- TAMARAC AQUATIC COMPLEX PROJECT: (TR10669) Refunding $3,000.00 to Catalfumo Construction, L.L.C. for New Development Site Plan fees collected in error for the Tamarac Aquatic Complex Project (Case No. 4-MI-05). RESOLUTION NO. R2005-44 i. AMENDMENT TO AGREEMENT — ZAMBELLI INTERNATIONALE FIREWORKS MANUFACTURING COMPANY. INC.: (TR10663) Executing an amendment to the agreement between the City of Tamarac and Zambelli Internationale Fireworks Manufacturing Company, Inc., exercising the option to renew for the 2005 fireworks at a cost of $25,000.00. RESOLUTION NO. R2005-45 j. TAMARAC WATER AND SEWER UTILITY EASEMENT — TOSHIBA PROJECT: (TR10637) Executing a "Tamarac Water and Sewer Utility Easement" with Sunrise Box, L.L.C., for the Toshiba Project, located at 6401 Nob Hill Road, to allow legal access by City Utility Personnel for installing, maintaining, and operating the Water Distribution and Sewage Collection System Improvements; authorizing and directing the City Clerk to record said agreement in the public records of Broward County. RESOLUTION NO. R2005-46 k. BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT — TOSHIBA PROJECT: (TR10642) Executing a Blanket Public Safety Ingress/Egress Easement with Sunrise Box L.L.C., for the Toshiba Project, located 6401 Nob Hill Road, to provide proper access to the property for municipal services such as utility, canal, fire and police protection, emergency and other public safety services; authorizing and directing the City Clerk to record said document in the public records of Broward County. RESOLUTION NO. R2005-47 I. FIRST AMENDMENT TO WATER AND SEWER DEVELOPER'S AGREEMENT — MAINSTAY SUITES PROJECT: (TR10635) Executing a First Amendment to the Water and Sewer Developer's Agreement with Tamarac Hotels, Inc., for the Mainstay Suites Project, located at 8301 West Commercial Boulevard, requiring an additional 27.3 ERC's for water and 27.3 ERC's for sewer establishing additional contribution charges in the amount of $87,360.00; authorizing and directing the City Clerk to record said agreement in the Public Records of Broward County. TABLED UNTIL THE OUTSTANDING STORMWATER FEES ARE PAID M. REVISED RELEASE AND WAIVER FORM FOR PURCHASE OF FIRE AND MEDICAL SUPPLIES: (TR10658) Executing a revised Release and Waiver of Liability form for the purchase of fire and medical supplies from the Broward County Fire Rescue Division Logistics Warehouse eliminating the requirement for countersignature by the Broward Sheriff's Office. RESOLUTION NO. R2005-48 n. FY04-05 ALLOCATION — STATE OF FLORIDA'S STATE HOUSING INITIATIVES PARTNERSHIP (SHIP)„PROGRAM FUNDS: (TR10657) Amending the State of Florida's State Housing Initiatives Partnership (SHIP) Program budget of estimated revenues and expenditures in the amount of $422,627.00 by accepting the Fiscal Year 2004-2005 allocation of the program funds to be utilized according to the City's Local Housing March 23, 2005 Page 4 of 8 n Assistance Plan and Housing Delivery Goals Chart; appropriating said funds, including any and all necessary budget transfers (Case No. 2-MI-05). RESOLUTION NO. R2005-49 o. BILL OF SALE ABSOLUTE — TOSHIBA PROJECT: (TR10656) Accepting a Bill of Sale Absolute from Sunrise Box, L.L.C., for the Water Distribution and Sewage Collection System Improvements installed for the Toshiba project, located at 6401 Nob Hill Road, for City ownership; authorizing and directing the City Clerk to record said document in the public records of Broward County. RESOLUTION NO. R2005-50 P. RIGHT-OF-WAY BEAUTIFICATION AGREEMENT — MCNAB ROAD MEDIANS FROM UNIVERSITY DRIVE TO THE EAST CITY LIMITS: (TR10666) Executing a Right -of - Way Beautification Agreement between Broward County and the City of Tamarac for landscaping improvements within McNab Road medians from University Drive to SW 83rd Avenue and for the maintenance thereafter of said landscape improvements. RESOLUTION NO. R2005-51 q. GRANT AWARD AND INTERLOCAL AGREEMENT — SHATHER PARCEL: (TR10654) Entering into an Interlocal Agreement with Broward County accepting a grant award up to the amount of $1,600,000 for the acquisition, improvement, enhancement, operation and management of open space site OS-117 Water's Edge Park (a.k.a, Shather Parcel) and accepting the conceptual open space park management plan included in the agreement for the development of OS-117; authorizing the appropriate city officials, upon approval and receipt of the Interlocal Agreement by Broward County, to execute and record the declaration of restrictive covenants and return to the county for funding. RESOLUTION NO. R2005-52 r. GRANT AWARD AND INTERLOCAL AGREEMENT — CUMMINGS PARCEL: (TR10655) Entering into an Interlocal Agreement with Broward County accepting a grant award up to the amount of $782,000 for the acquisition, improvement, enhancement, operation and management of open space site OS-118 Swim Central Park Addition (a.k.a. Cummings Parcel) and accepting the conceptual open space park management plan included in the agreement for the development of OS-118; authorizing the appropriate city officials, upon approval and receipt of the Interlocal Agreement by Broward County, to execute and record the declaration of restrictive covenants and return to the county for funding. RESOLUTION NO. R2005-53 S. FLORIDA INLAND NAVIGATION GRANT: (TR10674) Submitting an application to the Florida Inland Navigation District Waterways Assistance Program for funding to construct a fishing pier at Southgate Linear Park in the amount of $25,000 providing for a city match of $25,000; providing for acceptance of the terms and conditions in F.I.N.D. Rule 6613-2 F.A.C. as part of the project agreement; ensuring that the program will match proposal requirements; assuming operation and maintenance responsibility for the project; providing for non-discrimination according to Title VI of the Civil Rights Act of 1964 and statutes relating to handicapped accessibility; ensuring availability of all records of expense to F.I.N.D. if requested; providing for acceptance of the award and execution of documents upon approval. RESOLUTION NO. R2005-54 END OF CONSENT AGENDA March 23, 2005 Page 5 of 8 REGULAR AGENDA 7. ELECTING A VICE MAYOR TO SERVE FOR A ONE YEAR TERM: (TR10660) Motion to approve Resolution electing Commissioner to serve as Vice Mayor for a one (1) year term beginning March 23, 2005 with no succession. City Attorney Kraft read Temporary Resolution 10660 by title. Vice Mayor Sultanof seconded by Commissioner Roberts moved approval. Vice Mayor Sultanof moved the election of Commissioner Flansbaum-Talabisco as Vice Mayor. On roll call Commissioner Roberts voted "yes", Vice Mayor Sultanof "yes", Commissioner Portner "yes", Commissioner Flansbaum-Talabisco "yes", and Mayor Schreiber "yes". Motion carried. Commissioner Roberts seconded by Commissioner Portner moved approval of Temporary Resolution 10660, as amended, electing Commissioner Beth Flansbaum-Talabisco as Vice Mayor to serve a one year term beginning March 23, 2005, with no succession. On roll call Commissioner Roberts voted "yes", Vice Mayor Sultanof "yes", Commissioner Portner "yes", Commissioner Flansbaum-Talabisco "yes", and Mayor Schreiber "yes". Motion carried. RESOLUTION NO. R2005-55 8. AUTHORIZING SIGNATURES FOR BANK ACCOUNTS AT WACHOVIA BANK NATIONAL ASSOCIATION: (TR10659) Motion to approve Resolution authorizing signatures for bank accounts at Wachovia Bank, National Association. City Attorney Kraft read Temporary Resolution 10659 by title. Commissioner Sultanof seconded by Vice Mayor Talabisco moved approval. On roll call Mayor Schreiber voted "yes", Commissioner Roberts "yes", Commissioner Sultanof "yes", Commissioner Portner "yes", and Vice Mayor Talabisco "yes". Motion carried. RESOLUTION NO. R2005-56 ORDINANCE — FIRST READING 9. COMMERCIAL GARBAGE FRANCHISE AGREEMENT — ACE WASTE SERVICES, LLC.: (T02081) Motion to adopt Ordinance on first _reading authorizing the appropriate city officials to execute a Commercial Garbage Franchise Agreement between the City of Tamarac and Ace Waste Services, LLC, City Attorney Kraft read Temporary Ordinance 2081 on first reading by title. Commissioner Portner seconded by Commissioner Sultanof moved approval. Commissioners Roberts and Portner asked if a representative from Ace Waste Services was in the audience. Commissioner Sultanof said when the item comes before the Mayor and City Commission for second reading he would like to see a representative of the company at the meeting. Public Works Director Strain said he would inform the applicant of the commission's wishes. On roll call Vice Mayor Talabisco voted "yes", Commissioner Portner "yes", Mayor Schreiber "yes", Commissioner Sultanof "yes", and Commissioner Roberts "yes". Motion carried. APPROVED ON FIRST READING MARCH 23, 2005 PUBLIC HEARINGS 9:00 A.M. OR THEREAFTER ORDINANCES — SECOND READINGS 10. THIRD ADDENDUM TO FRANCHISE AGREEMENT FOR SINGLE FAMILY SOLID WASTE COLLECTION — ALL SERVICE REFUSE INC.: (T02078) Motion to adopt Ordinance on second reading executing a third addendum to the 1994 agreement between the City of Tamarac and All Service Refuse, Inc. for furnishing single family solid waste collection for an additional term to begin April 1, 2005 and end December 31, 2009. City March 23, 2005 Page 6of8 Attorney Kraft read Temporary Ordinance 2078, revision No. 1, on second reading by title. Commissioner Sultanof seconded by Vice Mayor Talabisco moved approval. Commissioners Roberts and Portner expressed their pleasure with the contract. Commissioner Portner confirmed that John Ferguson was in the audience. Mayor Schreiber opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Commissioner Portner voted "yes", Commissioner Roberts "yes", Vice Mayor Talabisco "yes", Mayor Schreiber "yes", and Commissioner Sultanof "yes". Motion carried. APPROVED ON FIRST READING MARCH 9, 2005 APPROVED ON SECOND READING MARCH 23, 2005 ORDINANCE NO. 0-2005-05 11. ADDENDUM TO FRANCHISE AGREEMENT FOR RESIDENTIAL RECYCLING COLLECTION _-_ALL SERVICE REFUSE, INC.: (T02079) Motion to adopt Ordinance on second reading executing a third addendum to the 1994 agreement between the City of Tamarac and All Service Refuse, Inc. for furnishing residential recycling collection for an additional term to begin April 1, 2005 and end December 31, 2009. City Attorney Kraft read Temporary Ordinance 2079, revision No. 1, on second reading by title. Commissioner Sultanof seconded by Vice Mayor Talabisco moved approval. Mayor Schreiber opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Commissioner Sultanof voted "yes", Vice Mayor Talabisco "yes", Mayor Schreiber "yes", Commissioner Roberts "yes", and Commissioner Portner "yes". Motion carried. Commissioner Portner thanked John Ferguson and Staff and Howard Kusnick, Attorney for All Service Refuse for their efforts. APPROVED ON FIRST READING MARCH 9, 2005 APPROVED ON SECOND READING MARCH 23, 2005 ORDINANCE NO. 0-2005-06 12. CLARIFICATION AND CONFIRMATION OF ORDINANCE NO. 0-92-26: (T02080) Motion to adopt Ordinance on second reading clarifying and confirming that Ordinance No. 0-92-26 (Petition 2-LUA-91) allocated twelve (12) flexibility units to land described as the east 380 feet of Parcel "R" of Woodland Lakes and located south of McNab Road, east of NW 881h Avenue (Pine Island Road) comprising 1.29 acres; directing the City Clerk to provide copies to the members of the Broward County Planning Council (Case No. 11-Z- 05). City Attorney Kraft read Temporary Ordinance 2080 on second reading by title. Commissioner Sultanof seconded by Vice Mayor Talabisco moved approval. Mayor Schreiber opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Commissioner Roberts voted "no", Commissioner Sultanof "yes", Commissioner Portner "yes", Vice Mayor Talabisco "yes", and Mayor Schreiber "yes". Motion carried. APPROVED ON FIRST READING MARCH 9, 2005 APPROVED ON SECOND READING MARCH 23, 2005 ORDINANCE NO. 0-2005-07 Sam Eisenwasser, 9820 Malvern Drive congratulated Commissioners Portner and Sultanof on their re-election. QUASI-JUDICIAL HEARING 13. AMENDING PRIOR ZONING --- PORTION OF PARCEL "R" OF THE "WOODLAND LAKES" PLAT, A/K/A_CYPRESS WALK: (T02082) Motion to adopt Ordinance on first March 23, 2005 Page 7 of 8 reading amending prior zoning of certain real estate property Woodland Lakes (aka: Cypress Walk) from B-2 (Planned Community Business District) to R-3 (Low -Density Multi - Family Residential District), lands commonly known as a portion of Parcel "R" of the "Woodland Lakes" Plat, according to the Plat thereof as recorded in Plat Book 71, Page 18 of the Public Records of Broward County, Florida, located on the south side of McNab Road, approximately 415 feet east of NW 88t" Avenue (Pine Island Road) (Case No. 7-Z- 05); providing for amendment of the official zoning map to reflect such change. City Attorney Kraft read Temporary Ordinance 2082 on first reading by title. Commissioner Sultanof seconded by Vice Mayor Talabisco moved approval. City Attorney Kraft explained the quasi-judicial procedures and John Milledge, Attorney for Prestige Homes waived his quasi-judicial rights on behalf of the petitioner. Community Development Director King gave a presentation. Commissioner Portner asked how the project would be secluded from McNab Road and Walgreens. Community Development Director King explained the placement of the project on the site. Mayor Schreiber opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Mayor Schreiber voted "yes", Commissioner Roberts "no", Commissioner Sultanof "yes", Commissioner Partner "yes", and Vice Mayor Talabisco "yes". Motion carried. APPROVED ON FIRST READING MARCH 23, 2005 END OF QUASI-JUDICIAL HEARING END OF PUBLIC HEARINGS There being no further business to come before the Mayor and City Commission, Mayor Schreiber adjourned the meeting at 9:40 a.m. a MARION SWENSO , CMC CITY CLERK March 23, 2005 Page 8 of 8 ' J E SCHREIBER, MAYOR 1 1 OFFICE OF THE SECRETARY OF DEFENSE NATIONAL COMMITTEE FOR EMPLOYER SUPPORT OF THE GUARD AND RESERVE 1555 W ILSON BOULEVARD, SUITE 200 ARLINGTON, VA 22209-2405 27, February 2005 Joe Schreiber Mayor City Of Tamarac 7525 N.W. 88Th Ave. Tamarac, FI 33321-2401 Joe, Greetings from the Office of the Secretary of Defense for Reserve Affairs I want to thank you for your recent visit to the Employer Support of the Guard and Reserve booth at the National League of Cities Conference in Indianapolis. By employing members of the National Guard and Reserve, you join a patriotic group of American Employers who willingly share our greatest national resource — the men and women who voluntarily and devotedly serve our nation. We are as proud of you as we are of them. Enclosed with this letter is a Statement of Support. Thousands of employers across the country have signed this document to signify their support for the men and women who serve in the Guard and Reserve. This document is intended to be an affirmation statement for you to display in an appropriate place within your company. It lets your employees and customers know that you support their service. We ask that you sign and display the Statement of Support, and that you fill out the employer confirmation card and mail it to us in the postage -paid envelope. Your response will enable us to provide you with useful information and updates on Guard and Reserve utilization and its impact on employers. We will also list your organization as an outstanding employer on our web site at www.esgr.mil. For more information, please contact LtCol John Tansill of the National Committee for Employer Support of the Guard and Reserve (ESGR) at 1.800.336.4590, extension 532 or visit our website at www.esgr.mil. Sincerely, Bob Hollingsworth _f Executive Director 0 STATEMENT OF SUPPORT FOR THE GUARD AND RESERVE We recognize the National Guard and Reserve as essential to the strength of our nation and the well-being of our communities. In the highest American tradition, the patriotic men and women of the Guard and Reserve serve voluntarily in an honorable and vital profession. They train to respond to their community and their country in time of need. They deserve the support of every segment of our society. If these volunteer forces are to continue to serve our nation, increased public understanding is required of the essential role of the Guard and Reserve in preserving our national security. Their members must have the cooperation of all American employers in encouraging employee participation in Guard and Reserve. Therefore, we join other employers in pledging that: 1. Employment will not be denied because of service in the Guard or Reserve; 2. Employee job and career opportunities will not be limited or reduced because of service in the Guard or Reserve; 3. Employees will be granted leaves of absence for military service in the Guard or Reserve, consistent with existing laws, without sacrifice of vacation; and 4. This agreement and its resultant policies will be made known throughout our organization. Certifying for Me Employer ChVame Secretary of Defense National Connr EmployerSupport ofthend Reserve Print Name Date me EMPLO YER SUPPORT OF THE GUARD AND RESERVE Join Thousands of Other American Employers ... Earn Five Star Recognition for your support of the men and women now serving proudly in America's National Guard and. Armed Forces Reserve. Your state's Employer Support of the Guard and Reserve Committee can and will work with you to provide you with assistance and guidance in keeping your Guard and Reserve member employees on the job and in the ranks. You can earn the recognition you deserve by providing demonstrated support for the volunteers who serve our nation: 1. Sign a Statement of Support and tell your community that you stand behind our troops — your employees — in peace, in crisis and in war. 2. Review your Human Resource Policies to ensure that your policies comply with the provisions of the Uniformed Services Employment and Reemployment Rights Act (USERRA, Title 38, US Code, Public Law 103-353). ESGR can assist you. 3. Train your Managers and Supervisors and give them the tools they need to effectively manage your Guard and Reserve member employees — ask your ESGR volunteers for training assistance. 4. Adopt 'Over and Above' Policies in your company that provide your Guard and Reserve member employees with more support than that required by law. Your ESGR volunteers can tell you about the best practices adopted by thousands of other employers across the nation. 5. Support ESGR. YOU can make a difference with your time, energy, effort and contributions. Ask your ESGR volunteer how you can get involved in your state ESGR Committee and how you can reach out to other employers. NCESGR Form 15B-200405-1