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HomeMy WebLinkAboutCity of Tamarac Resolution R-2011-005Temp. Reso. 11975 January 3, 2011 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2011-a-5 A RESOLUION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE REMOVAL OF MR. LEONARD HIXON FROM THE BOARD OF DIRECTORS OF THE WOODLANDS NEIGHBORHOOD IMPROVEMENT DISTRICT AND PROVIDING FOR AUTHORIZATION TO ADVERTISE FOR A NEW MEMBER TO THE BOARD OF DIRECTORS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on January 13, 2010 the City Commission of the City of Tamarac, Florida (the "City") adopted Ordinance No. 2010-01, a local planning ordinance, pursuant to Section 163.504, F.S.; and WHEREAS, Ordinance No. 2010-01 authorized the creation of a Safe Neighborhood Improvement District, in general, and specifically authorized the creation a Local Government Neighborhood Improvement District pursuant to Section 163.506, F.S.; and WHEREAS, on July 14, 2010 adopted Ordinance No. 2010-14, establishing the Woodlands Local Government Neighborhood Improvement District to be generally located within the Woodlands subdivision with a boundary of Commercial Boulevard to the north, Rock Island Road to the east, N.W. 44th Street to the south and N.W. 64th Avenue to the west excluding Woodlands Country Club subdivision (Plat Book 67, Page 30 Broward County Public Records) and the Fort Lauderdale Truck Farms property; and I GI 11P. Mubu. I l U/ J January 3, 2011 Page 2 WHEREAS, in accordance with Section 163.506(1)(e), F.S., the City Commission also named a Board of Directors for the District with an understanding that those appointed were in support of the district and would work to realize the objectives of the district as articulated in the Safe Neighborhoods Act; and WHEREAS, it has been determined that Board of Directors member, Leonard Hixon does not support the district and is actively working to dissolve it; and WHEREAS, at its October 6, 2010 meeting, the Woodlands Neighborhood Improvement District Board of Directors voted 5-0 to submit a request to the City Commission to approve the removal of Leonard Hixon from the Board of Directors (hereto attached as Exhibit "A", incorporated herein and made a specific part thereof); and WHEREAS, the City Commission finds the removal of Leonard Hixon from the Board of Directors for the Woodlands Community Neighborhood Improvement District to be in the best interests of the citizens and residents of the City. WHEREAS, the City Commission further provides for the use of regular procedures to solicit applications to fill the vacancy on the Board of Directors created by the removal of Leonard Hixon. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AS FOLLOWS: 1 Temp. Reso. 11975 January 3, 2011 Page 3 1 SECTION 1. The foregoing recitals are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof; all exhibits attached hereto are incorporated herein and made a specific part of this resolution. SECTION 2. The City Commission of the City of Tamarac, Florida hereby removes Mr. Leonard Hixon from the Board of Directors of the Woodlands Neighborhood Improvement District. SECTION 3. The City Commission hereby authorizes staff to solicit applications to fill the vacancy on the Board of Directors of the Woodlands Neighborhood Improvement District generated by the removal of Mr. Leonard Hixon. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or in application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 6: adoption. This Resolution shall become effective immediately upon its i ul i ip. musu. i t U 10 January 3, 2011 Page 4 PASSED, ADOPTED AND APPROVED this ATTEST: j- 6 day of , 2011. PETER MHA DSON, CRM, CMC CITY CLEW RECORD OF COMMISSION VOTE: MAYOR TALABISCO L- DIST 1: V/M BUSHNEL DIST 2: COMM. GOMEZ DIST 3: COMM. GLASSE DIST 4: COMM. DRESSL I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM. � t'18AMIJEL S. GOR`EN CITY ATTORNEY 1 1 1 ke-� It WOODLANDS NEIGHBORHOOD IMPROVEMENT DISTRICT October 8, 2010 City of Tamarac, FL City Commission 7525 NW 88 Avenue Tamarac, FL 33321 For the attention of City Commissioners Dear City Commissioners, On October 6th, 2010 at 7:00 PM, the Woodlands Neighborhood Improvement District, The District, held a meeting at the Woodlands Section 2 clubhouse. Chairman Mike Jula, Vice Chairman Leonard Hixon, members Toni Gelman, Larry Torn, Taylor White and William R. Scott were present. Member Ed Browns seat remains vacant, as he has been unable to fulfill city requirements. This letter shall serve to request that the City Commission, at its earliest opportunity, remove Mr. Lenard Mixon from the "District" Board. After a presentation by Assistant City Manager Michael Cernech on what is expected when you are appointed to serve on a City Board; Chairman Mike Jula read into the record the legal definition of Breach of Fiduciary Duty. Larry Torn made a motion, and 2nd by Taylor White to send a letter to the City Commission recommending removing Leonard Hixon from the board of the District. The motion passed 5 -0, over Mr. Hixon's objection, who did not vote. The District board would also request that the City Commission add two Board members to fill the Ed Brown seat and the Leonard Hixon seat, once he is removed from the Board. In open discussion, Chairman Tula nominated Wallace Siegel, 5010 Banyan Lane and Joel Davidson, 4608 Norfolk Pine Drive to fill the 2 openings; with no other Board members nominating anyone else. Both candidates were in the audience and gave brief descriptions of their qualifications indicating they would be honored to fill the vacant positions. We would hope these changes can be made so that we can have a full seven person board in place for the next meeting scheduled for January, 2011. Respectfull , Mike Jula, Chairman CC: Jennifer Bramley Michael Cernech Mayor Beth Talabisco Vice Mayor Dressler Comm. Gomez Comm. Bushnell Comm. Glasser