HomeMy WebLinkAbout2012-03-14 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
WEDNESDAY, MARCH 14, 2012
CALL TO ORDER: Mayor Bushnell called the regular meeting of the City Commission to
order at 7:04 p.m. on Wednesday, March 14, 2012 in City Commission Chambers, Tamarac
City Hall, 7525 NW 88 Avenue, Tamarac, FL 33321.
Mayor Pamela Bushnell, Vice Mayor Diane Glasser and Commissioner Harry Dressler were
in attendance. Commissioners Marion Swenson and Michelle J. Gomez were absent.
Also in attendance were City Manager Michael C. Cernech, City Attorney Samuel Goren and
City Clerk Peter M. J. Richardson.
PLEDGE OF ALLEGIANCE: Peter Pappas led the Pledge of Allegiance
a. Presentation of a proclamation by Mayor Pamela Bushnell commending Peter Pappas on
his heroic actions. (Requested by Mayor Pamela Bushnell)
b. Presentation of a proclamation by Mayor Pamela Bushnell proclaiming March 14, 2012 as
"Elder Services Resource Network Day". Accepting Paul Keefe, President of ESRN; Sharon
Cofar, VP of Publicity for ESRN and Melissa Rapkin, VP of Community Relations for ESRN.
(Requested by Parks & Recreation Director Greg Warner)
2. CITY COMMISSION REPORTS:
a. Vice Mayor Glasser:
Announced that spring baseball season for the City of Tamarac was underway. She
also noted that the recent community garage sale at the Tamarac Community Center
was a very popular event and was very well attended. Vice Mayor Glasser stated that
it was her pleasure to attend a recent ribbon cutting for a new Subway sandwich shop
in Tamarac, located near US 441 and Commercial Boulevard. Vice Mayor Glasser
also noted that she recently had the pleasure to attend a local meeting of the National
Association of Federal Retired Employees. She also expressed grateful appreciation
to Broward Sheriff Al Lamberti and BSO Tamarac Chief Marc Duguay and their staff
for making a recent presentation regarding mailbox and identity theft to residents of
the King's Point community.
b. Commissioner Dressler:
Noted that he had recently attended a Governance Committee of the Metropolitan
Planning Organization, in his capacity as Vice Chair of this Committee, to discuss
redistricting from a transportation standpoint. Commissioner Dressler also said that it
was very enjoyable for the Mayor and members of the City Commission to throw out
the first pitch in honor of the new Tamarac baseball season on March 3rd at the City's
Sports Complex.
Page 1 of 7 REGULAR COMMISSION MEETING March 14, 2012
Commissioner Dressler also noted the growing level of concern about the profound
negative impact of Burmese Pythons on the ecosystem of the Florida Everglades. He
stated that there were an estimated 30,000 to 100,000 in the Miami -Dade, Broward
and Palm Beach portion of the Everglades. Commissioner Dressler stated that the
number of sightings of mammals such as rabbits, raccoons, opossums, and deer in
the Everglades had decreased dramatically during the past eight to ten years, since
the introduction of this invasive species. Commissioner Dressler said he would
present additional information about this important subject at future City Commission
meetings, including educational programs to inform people about the dangers of
owning these invasive creatures as pets.
c. Mayor Bushnell:
Noted that City Manager Michael Cernech and herself had recently had the honor and
opportunity to have lunch with Ken Behring, the founder of the City of Tamarac.
Mayor Bushnell stated that the City of Tamarac would soon be marking the 50tn
anniversary of our community.
Stated that she was pleased to serve as a judge at the Broward County History Fair.
Mayor Bushnell congratulated Greg Warner and his staff for coordinating the City's
baseball leagues and programs for the community's youth. Mayor Bushnell said that
following the first pitch of the City's new baseball season, she attended the ribbon
cutting for the new Subway restaurant on State Road 441 near Commercial
Boulevard, and had the opportunity to meet Steven Frazier, the Manager of Sunshine
Plaza, and to visit the site of the soon to be opened Marshall's store at this location.
Mayor Bushnell noted that she had recently attended a meeting of the State Road 7
Corridor Cooperative, including communities from Broward, Miami Dade and Palm
Beach Counties. She noted that the Cooperative had established a committee to
evaluate the organization's membership fee structure, possibly basing fees on a
percentage of miles along the State Road 7 corridor, rather than the present structure
of basing fees on the population of individual member cities.
Noted that she would miss teaching English to some French Canadian neighbors and
having the opportunity to learn French from these same individuals. Mayor Bushnell
also extended best wishes for a Happy St. Patrick's Day to everyone.
3. CITY ATTORNEY REPORT:
Mr. Goren noted that earlier today he had forwarded correspondence to Deputy General
Counsel Thomas Winokur in Governor Scott's Office, confirming that earlier today Circuit
Court Judge Cynthia Imperato had dismissed all criminal charges previously filed against
Mayor Beth Talabisco. Mr. Goren further noted that "Pursuant to Section 112.51(6) F.S., the
authority and duty to revoke Mayor Talabisco's suspension and restore her to office is vested
solely within the governor's jurisdiction. The City Attorney's Office is prepared to provide any
additional information that we can offer to help facilitate this anticipated course of action." A
copy of Mr. Goren's correspondence to Mr. Winokur of March 14, 2012 is attached hereto.
Page 2 of 7 REGULAR COMMISSION MEETING March 14, 2012
Mr. Goren stated that his staff had provided the Mayor and City Commissioners with a
comprehensive update on the recently concluded session of the Florida legislature, a copy of
which is attached hereto. He noted that there were far more bills which failed, rather than
passed, during the most recent session. Mr. Goren said that the summary was divided into:
(1) bills which had reached the Governor for passage into law and (2) proposed constitutional
amendments which may be placed on upcoming ballots for consideration as referenda. Mr.
Goren said that he would be pleased to respond to any questions from the Mayor and City
Commissioners relative to these matters. Mayor Bushnell noted that a proposed bill to
prevent texting while driving had been defeated, in part because some legislators feared that
their ability to text would be limited and therefore the legislative process altered.
Commissioner Dressler said the prohibition of texting while driving should be rationally linked
as a public safety issue. Mr. Goren responded to questions from the Mayor and City
Commissioners about several bills which had been passed in the most recent session and
their potential impacts on local governments.
4. CITY MANAGER REPORT:
Mr. Cernech reported that effective February 25tn, Captain Jim Megna had been reassigned
to the Fire Department's Training Division to train with Chief Pat Kendrick, Division and
Safety Training Chief, who will be retiring from the City's Fire Department on March 31, 2012.
Mr. Cernech also stated that a specialist from the Federal Bureau of Investigation had offered
a weapon of mass destruction threat and response class at the Fire Station 15 training room
on March 5-7. He noted that this training was offered to both City employees and employees
from neighboring agencies and was an awareness class related to potential chemical,
biological, radiological and nuclear weapon threats.
Mr. Cernech also said that the Caporella Aquatic Center Pool had re -opened on March 1st
and was open Monday through Saturday between 10:00 a.m. and 6:00 p.m. and between
10:00 a.m. and 4:00 p.m. on Sundays. He also said that there would be daily prize drawings
at the Aquatic Center, leading up to a grand prize drawing for an IPod Touch on Friday,
March 16tn. Finally, Mr. Cernech stated that applications for swimming lessons for all levels
would be accepted at the Aquatic Center beginning on Monday, March 19tn
Mr. Cernech noted that the Community Garage Sale held on March 3rd at the Community
Center was a very successful event. He said that the next Community Garage Sale would be
held on Saturday, August 18tn, at the Community Center, beginning at 7:30 a.m. He also
stated that the Tamarac Teen Summit event had been held on Saturday, February 25tn, at the
Tamarac Community Center, with more than one hundred teens in attendance at the event.
Mr. Cernech invited all interested persons to attend the upcoming twilight concert events on
Friday, March 16tn, between 7 and 9 p.m. at the Tamarac Sports Complex, featuring Jimmy
and the Stowaways. He also said that there would be a free twilight concert on Friday, April
13tn, at the same time and location, featuring the Strange Brew Band, a variety rock band. Mr.
Cernech said that the "April Splash with Peter Cottontail" event would be held on Saturday,
April 14tn, between 9:30 and 11:00 a.m. at the Aquatic Center, for children ages 2-5, with a
fee of $4.00 per child for City residents and $6.00 for non-resident children.
Page 3 of 7 REGULAR COMMISSION MEETING March 14, 2012
Mr. Cernech said that the City had recently hired two additional code enforcement officers,
bringing the total number of code enforcement officers to six, enhancing the City's code
compliance capabilities relative to weekend hours, removal of snipe signs and assisting in
ensuring that bulk trash pick-ups were not put out too early for collection by residents over
the weekend. Mr. Cernech also stated that the City's emergency communication systems
would be costing more in the future, depending upon the mechanism selected. He said this
would be good for the City's Fire and Rescue operational efficiencies in the long run.
Mr. Cernech stated that six recently hired City employees had participated in a new employee
orientation session held earlier today. He noted that one of the employees said that he was
especially proud to serve the citizens in his capacity with the Public Services Department.
5. PUBLIC PARTICIPATION: Mayor Bushnell opened public participation. There were no
public speakers and Mayor Bushnell closed this portion of the meeting.
6. CONSENT AGENDA: Mayor Bushnell asked City Manager Cernech whether there were
any changes or additions to today's Consent Agenda. City Manager Cernech said there were
no changes or additions to the Consent Agenda. Commissioner Dressler moved, seconded
by Vice Mayor Glasser, to approve the Consent Agenda as presented. The motion to
approve the consent agenda as presented was adopted unanimously (3-0).
a. APPROVAL OF THE FEBRUARY 22, 2012 REGULAR COMMISSION MEETING
MINUTES.
APPROVED
b. TR12159 - COMMERCIAL ARTERIAL REDEVELOPMENT STUDY: A Resolution of the
City Commission of the City of Tamarac, Florida, approving the award and execution of an
agreement to provide consulting services to provide for a complete Commercial Arterial
Redevelopment Study and Related Ancillary Services for the City of Tamarac to Calvin,
Giordano and Associates, Inc.; in an amount not to exceed $174,260 providing for conflicts;
providing for severability; and providing an effective date.
RESOLUTION R-2012-32
c. TR12162 - FLORIDA MEDICAL TRAINING INSTITUTE (FMTI) STUDENT RIDER
AGREEMENT: A Resolution of the City Commission of the City of Tamarac, Florida, to
approve an Affiliation Agreement between the City of Tamarac and Florida Medical Training
Institute (FMTI), and to authorize the appropriate City officials to execute the Agreement to
allow Emergency Medical Services (EMS) students an opportunity to receive education and
training from Tamarac Fire Rescue personnel in an EMS student preceptorship program for
five years from date of execution by all parties; providing for conflicts; providing for
severability; and providing for an effective date.
RESOLUTION R-2012-33
d. TR12163 - CITY COLLEGE STUDENT RIDER AGREEMENT: A Resolution of the City
Commission of the City of Tamarac, Florida, to approve an Affiliation Agreement between the
City of Tamarac and City College, and to authorize the appropriate City officials to execute
the Agreement to allow Emergency Medical Services (EMS) students an opportunity to
receive education and training from Tamarac Fire Rescue personnel in an EMS student
preceptorship program for five years from date of execution by all parties; providing for
conflicts; providing for severability; and providing for an effective date.
Page 4 of 7 REGULAR COMMISSION MEETING March 14, 2012
RESOLUTION R-2012-34
e. TR12165 - HOME FY 2010/2011 1 ST AMENDMENT: A Resolution of the City Commission
of the City of Tamarac, Florida, approving the first amendment to Interlocal Agreement
between the City of Tamarac and Broward County to provide for an amendment to the term
of the agreement to reflect a commencement date retroactive to October 1, 2010 for FY
2010/2011 HOME Program funds; providing for conflict; providing for severability; and
providing for an effective date.
RESOLUTION R-2012-35
f. TR12166 - DELL - MASTER LEASE AGREEMENT - PC LEASE: A Resolution of the City
Commission of the City of Tamarac, Florida, authorizing the appropriate City officials to
execute a Master Lease Agreement with Dell Financial Services to lease eighty-two (82)
desktops and thirty (30) laptops for four (4) years at an annual cost of $25,681.38, for a total
cost of $102,725.52 at the end of four (4) years, providing for conflicts; providing for
severability; and providing for an effective date.
RESOLUTION R-2012-36
g. TR12175 - SUNRISE -MEDICAL MONITORING AND REHAB EQUIPMENT: A Resolution
of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City
officials to execute an Agreement between the City of Tamarac, a sub -grant participant, and
Sunrise Fire Rescue, the sub -grantee project coordinator for the receipt of Medical Monitor
and Rehabilitation equipment for personal safety and observation under a Broward County
Emergency Medical Services (EMS) Grant, as part of the State EMS County Grant funds;
providing for conflicts; providing for severability and providing for an effective date.
RESOLUTION R-2012-37
h. TR12177 - GENESIS APPLICATION FEE REFUND: A Resolution of the City Commission
of the City of Tamarac, Florida, authorizing a refund of $1,881.39 submitted by Hopeton
McMillan of Genesis Restaurant and Banquet Center, Designated Agent for the property
owner Shahrad Mabourakh / SR Dale Center, LLC, for a Special Exception application fee
collected for the Genesis Nightclub project (Case No. 10-MI-12); providing for conflicts;
providing for severability; and providing for an effective date.
RESOLUTION R-2012-38
i. TR12178 - GRANT SUBMITTAL: FEDERAL TRANSPORTATION ASSISTANCE (FTA) —
HYBRID BUS: A Resolution of the City Commission of The City of Tamarac, Florida,
approving and authorizing the appropriate City Officials to submit an application via Broward
County Transit to the Federal Transit Administration, an operating administration of the US
Department of Transportation, for Federal Transportation Assistance Funds for the purchase
of a hybrid bus and related equipment in the amount of $166,000, providing for a 17% match
in local funds in the amount of $34,000 plus a 10% Broward County administrative fee in local
funds in the amount of $16,600 in the event of approval of the application; providing for
acceptance of the award and executing of documents upon approval of the application;
providing for conflicts; providing for severability; and providing for an effective date.
RESOLUTION R-2012-39
j. TR12179 - GRANT SUBMITTAL: FEDERAL TRANSPORTATION ASSISTANCE (FTA) —
BUS SHELTERS: A Resolution of the City Commission of the City of Tamarac, Florida,
Page 5 of 7 REGULAR COMMISSION MEETING March 14, 2012
approving and authorizing the appropriate City Officials to submit an application via Broward
County Transit to the Federal Transit Administration, an operating administration of the US
Department of Transportation, for Federal Transportation Assistance Funds for the purchase
and installation of 13 kaleidoscope bus shelters in the amount of $401,440, providing for a
20% match in local and/or in -kind funds in the amount of $100,360 plus a required 10%
Broward County administrative fee in local funds in the amount of $40,144 in the event of
approval of the application; providing for acceptance of the award and executing of
documents upon approval; providing for conflicts; providing for Severability; and providing for
an effective date.
RESOLUTION R-2012-40
k. TR12181 - ACCEPTANCE OF RESOURCE RECOVERY BOARD SINGLE -STREAM
RECYCLING CART GRANT: A Resolution of the City Commission of the City of Tamarac,
Florida, accepting the Resource Recovery Board, Single -Stream Recycling Grant in an
amount of $588,312.04; authorizing the appropriate City Officials to execute an Agreement
between the City of Tamarac and the Resource Recovery Board for the Single -Stream
Recycling Cart Grant Funds; authorizing budget amendments as needed for proper
accounting purposes; providing for conflicts; providing for severability; and providing for an
effective date.
RESOLUTION R-2012-41
7. REGULAR AGENDA: There were no Regular Agenda items scheduled for this meeting.
8. ORDINANCE(S) — FIRST READING: There were no Ordinances — First Reading items
scheduled for this evening's meeting.
9. PUBLIC HEARING(S):
a. TR12172 - NSP3 2ND AMENDMENT TO THE FY 2010/2011 ANNUAL ACTION PLAN: A
Resolution of the City Commission of the City of Tamarac, Florida, amending the Community
Development Block Grant ("CDBG") Program, fiscal year 2010/2011 Annual Action Plan tenth
program year -Neighborhood Stabilization Program Round 3 to provide for the inclusion of
eligible activity "financing mechanisms"; providing for conflicts, providing for severability;
providing for an effective date. City Attorney Goren read TR12172 by title into the record.
Vice Mayor Glasser moved, seconded by Commissioner Dressler, to approve TR12172.
Mayor Bushnell opened the public hearing and with no one wishing to speak, closed the
public hearing.
The motion to approve TR 12172 was adopted unanimously (3-0)
RESOLUTION R-2012-42
10. ORDINANCE(S) —SECOND READINGS:
a. T02243 - REVISIONS TO CITY PURCHASING CODE: Motion to adopt an Ordinance of
the City Commission of the City of Tamarac, Florida, on second reading repealing Tamarac
Code Chapter 6 entitled "Finance and Taxation" Article V, "Purchasing Procedures", in its
entirety and enacting Chapter 6, "Finance and Taxation", Article V, to be titled the "Tamarac
Procurement Code", providing for codification; providing for conflicts; providing for
severability; and providing for an effective date. City Attorney Goren read T02243 by title into
Page 6 of 7 REGULAR COMMISSION MEETING March 14, 2012
the record. Vice Mayor Glasser moved, seconded by Commissioner Dressler, to approve
TO2243 on second reading.
Mayor Bushnell opened the public hearing and with no one wishing to speak, closed the
public hearing.
The motion to approve TO2243 was adopted unanimously (3-0)
PASSED ON FIRST READING FEBRUARY 22, 2012
PASSED ON SECOND READING MARCH 14, 2012
0-2012-
11. QUASI-JUDICIAL HEARING(S): There were no Quasi -Judicial Hearing items scheduled
for this meeting.
12. OTHER:
a. TR12171 - RESOLUTION FOR ACQUISITION/REHABILITATION/DISPOSITION OF
NSP3 PROPERTIES: A Resolution of the City Commission of the City of Tamarac, Florida
authorizing the Mayor, Vice Mayor, or City Manager to take action, pursuant to the City of
Tamarac Charter, and consistent with the Neighborhood Stabilization Program Round 3
("NSP3") Grant Agreement entered into between the City of Tamarac and the United States
Department of Housing and Urban Development, including the execution of purchase and
sale agreements for either the acquisition or conveyance of property pursuant to the NSP3
guidelines, and to authorize the Mayor, Vice -Mayor, City Manager, or Assistant City Manager
to execute other documents necessary to proceed to closing either on the acquisition or
conveyance of qualified properties within the NSP3 target area in a manner consistent with
the respective purchase and sale agreements; waiving the procurement procedures pursuant
to Section 6-148 of the City of Tamarac Code of Ordinances with respect to contracts for the
rehabilitation of qualified properties acquired with NSP3 funds; authorizing the City Manager
and Assistant City Manager to execute contracts with qualified contractors for the
rehabilitation of properties acquired with NSP3 funds; authorizing the City Manager to
execute Change Orders associated with those contracts with qualified contractors for the
rehabilitation of properties acquired with NSP3 funds; providing for severability; providing for
an effective date. City Attorney Goren read TR12171 by title into the record. Vice Mayor
Glasser moved, seconded by Commissioner Dressler, to approve TR12171. The motion
was adopted unanimously (3-0).
RESOLUTION R-2012-
There being no further business to come before the City Commission, Mayor Bushnell
adjourned the meeting at 8:03 p.m.
;)i'wl Z�1
_ 6,
Beth Talabisco, Mayor
Peter M. J. Richar son, RM, CMC
City Clerk
Page 7 of 7 REGULAR COMMISSION MEETING March 14, 2012
SAMUEL S. GOREN
JAMES A. CHEROF
DONALD J. DOODY
KERRY L. EZROL
MICHAEL D. CIRULLO, JR.
JULIE F. KLAHR
DAVID N. TOLCES
GOREN, CHEROF, DOODY & EZROL, P.A.
ATTORNEYS AT LAW
SUITE 200
3099 EAST COMMERCIAL BOULEVARD
FORT LAUDERDALE, FLORIDA 33308
PHONE: (954) 771-4500
FAX: (954) 771-4923
www.cityatty.com
DELRAY BEACH OFFICE:
76 N.E. FIFTH AVENUE
DELRAY BEACH, FL 33483
PHONE: (561) 276.9400
PLEASE REPLY TO FORT LAUDERDALE
March 14, 2012
VIA FACSIMILE, FEDERAL EXPRESS AND E-MAIL
Thomas Winokur, Deputy General Counsel
Office of Governor Rick Scott
State of Florida - The Capitol
400 S. Monroe Street
Tallahassee, FL 32399-0001
Re: City of Tamarac / Dismissal of Criminal Charges
Dear Deputy General Counsel Winokur:
JACOB G. HOROWITZ
SHANA H. BRIDGEMAN
STACEY R. WEINGER
BRIAN J. SHERMAN
STEVEN L. JOSIAS, OF COUNSEL
I am sending this correspondence in my official capacity as City Attorney for the City of Tamarac, Florida (the
"City"). As a follow up to our earlier discussion, this letter shall confirm that on March 14, 2012, Circuit Court
Judge Cynthia Imperato dismissed all criminal charges previously filed against Mayor Beth Talabisco. A
copy of the dismissal documentation is attached for your review.
You may recall that on March 9, 2011 the State Attorney's Office for the Seventeenth Judicial Circuit in
Broward County filed four (4) criminal charges against Mayor Talabisco. The mayor was subsequently
suspended from office by Governor Scott pursuant to Executive Order 2011-047.
Pursuant to Section 112.51(6), F.S., the authority and duty to revoke Mayor Talabisco's suspension and restore
her to office is vested solely within the governor's jurisdiction. The City Attorney's Office is prepared to
provide any additional information that we can offer to help facilitate this anticipated course of action.
Thank you for your prompt attention to this important matter.
cerely,
XeS. G N
City Attorney
SSG/JGH
Cc: Mayor Pamela Bushnell
Members of the City Commission
Michael Cernech, City Manager
H:\2005\050164 TAMARAC\Letters 2012\Ltr. to Gov Scott from P. Richardson re Talabisco.docx
IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
STATE OF FLORIDA, )
j Plaintiff, ) CASE NO.: 11-4274CF10A
V. ) JUDGE: IMPERATO
BETH FLANSBAUM-TALABISCO, )
I )
Defendant. )
)
ORDER GRANTING DEFENDANT'S SWORN MOTION TO DISMISS
THIS CAUSE came before the Court upon the Defendant's Sworn Motion to
Dismiss, pursuant to Florida Rule of Criminal Procedure 3.190(c)(4). The Court having.
considered said motion, the State's Traverse and Response, the Defendant's Response
to the State's Traverse, having conducted a hearing, and otherwise being fully advised
in the premises, finds as follows:
The Defendant is charged by Information with (count one) Unlawful
Compensation, (count two) Bribery, (count three) Official Misconduct, and (count four)
Conspiracy to Commit Unlawful Compensation. This Court denied the Defendant's
I
previous Amended Motion to Dismiss Without Prejudice on January 20, 2012. The
Defendant filed this legally sufficient Sworn Motion to Dismiss on February 8, 2012.
The State filed its sworn Traverse and Response to, Defendant's Motion to Dismiss on
February 13, 2012. The Defendant filed a Response to State's Traverse on February
21, 2012.
This Court finds that the undisputed facts do not establish a prima facie case of
guilt against the Defendant as to the crimes charged in the Information. The undisputed
Page 1 of 3
facts do not establish the necessary element that Beth Flansbaum-Talabisco accepted
or received "any pecuniary or other benefit not authorized by law." The facts do show
that the Defendant, while a City Commissioner for the City of Tamarac, and a candidate
for the office of major of that city, did knowingly receive campaign funds from Shawn
Chait and/or Bruce Chait.
It is
undisputed
that the Chait's
provided financial contributions
to
help the
Defendant
get elected
mayor because
they wanted candidates elected
to
office in
Tamarac, that were favorably inclined to vote for a housing project they wanted to
develop, to replace a golf course. it is also undisputed that Beth Flansbaum-Talabisco
supported the project before she met the Chait's, and before her campaign received
financial assistance from the Chait's. The evidence that at times her support waivered,
is speculative and insufficient to show that she changed her position, and voted for the
project because her vote had been purchased by the Chait's.
There is no evidence that Beth Flansbaum-Talabisco benefitted personally in
any manner. All of the evidence presented establishes the only benefit was to the
campaign and the ECO that had been formed . It is typical off all election campaigns,
that candidates for office seek campaign funds, and other campaign assistance, from
those that share similar positions. it is also typical that individuals, organizations, and
companies, seek out and contribute to candidates for office that are likely to vote.
favorably for their causes. There are times when candidates run for office on a single
issue. The campaign funds they accept are from those that have the same position on
that issue. This does not equate to the candidate selling their vote, and they are not
prosecuted for unlawful compensation, bribery, or official misconduct, because they
maintain their position and vote accordingly.
Page ?-of 3,
In this case there was nothing improper with the candidate for mayor, and her
campaign manager, having a meeting with supporters in' a lawyer's office where
a
campaign strategy was discussed. There is nothing inherently illegal about conducting
polls, forming Florida Electioneering Communication Organization's (ECO), or 527's.
i The undisputed facts do not establish a prima facie case against Beth Flansbaum-
i .
I Talabisco for receiving any benefit not authorized by law or failing to disclose a voting
conflict of interest.
It is therefore:
ORDERED AND ADJUDGED that Defendant's Sworn Motion to Dismiss is
GRANTED. The Information for this case is DISMISSED.
DONE AND ORDERED in Chambers, at Fort Lauderdale, Broward County,
r,� �, 4 2Q1
Florida, A _ day o2f March, 2012. CYNTHIA Is. INIPERATO
MAR, 1 tt 2012
CYNTHIA Fa. M NATO
CIRCUIT COURT JUDGE
Copies furnished:
Assistant State Attorney, Catherine A. Maus
Larry S. Davis, Esq.
Attorney for Defendant
1926 Harrison Street
Hollywood, Florida 33020
Page 3 of 3