HomeMy WebLinkAbout2012-06-27 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
W ED N ES DAY, JUNE 27, 2012
CALL TO ORDER: Mayor Talabisco called the regular meeting of the City Commission to
order at 9:00 a.m. on Wednesday, June 27, 2012 in City Commission Chambers, Tamarac
City Hall, 7525 NW 88 Avenue, Tamarac, FL 33321.
ROLL CALL: Mayor Beth Talabisco, Vice Mayor Diane Glasser, Commissioner Pamela
Bushnell, Commissioner Michelle J. Gomez and Commissioner Harry Dressler were in
attendance.
Also in attendance were City Manager Michael C. Cernech, City Attorney Samuel S. Goren
and City Clerk Peter M.J. Richardson.
PLEDGE OF ALLEGIANCE: Commissioner Michelle J. Gomez led the Pledge of Allegiance.
1. PROCLAMATIONS AND PRESENTATIONS:
a. Presentation of a proclamation by Mayor Beth Talabisco proclaiming the month of July
2012 as "Parks & Recreation Month". (Requested by Parks & Recreation Director Greg
Warner)
b. JUNE EMPLOYEE SERVICE AWARD
10-Year Award:
Melissa Petron, Special Events Coordinator, Parks & Recreation
2. CITY COMMISSION REPORTS:
a. Commissioner Bushnell:
Noted that the annual Fishing Tournament event at Caporella Park last Saturday was
enjoyed by everyone in attendance. She also commended City staff for a comprehensive
and informative update on the City's proposed budget. Commissioner Bushnell noted that
the Tamarac Historical Society was presently reviewing the contents of Tamarac's 25th
Anniversary time capsule, including items from every City department.
b. Commissioner Gomez:
Expressed grateful appreciation to the City's Parks and Recreation and Utilities Departments
for doing a great job of coordinating all of the logistics relative to the recent Father's Day
Fishing Tournament at Caporella Park. Commissioner Gomez also commended City staff for
a very informative budget update meeting last Tuesday. Commissioner Gomez urged
everyone to support and thank our nation's veterans for protecting our freedom as American
citizens.
Page 1 of 7 REGULAR COMMISSION MEETING June 27, 2012
c. Vice Mayor Glasser:
Noted that she had attended a very interesting and entertaining educational program, held in
Boca Raton, regarding scams impacting both elderly and younger people. Vice Mayor
Glasser said she would look into the possibility of hosting a similar educational program for
Tamarac residents in the near future. Vice Mayor Glasser also noted that the Aging and
Disability Resource Council (ADRC) of Broward County was presently reviewing potential
alternative funding sources due to reduce funding levels from the State of Florida.
d. Commissioner Dressler:
Commissioner Dressler presented an overview of the City's Investment Report. He also
commended Financial Services Director Mark Mason and his staff for continuing to do an
excellent job of managing the City's investments in a very challenging overall environment.
e. Mayor Talabisco:
Expressed best wishes to everyone for a Happy 4th of July and invited all interested persons
to attend the City of Tamarac's Independence Day festivities on Wednesday evening at the
Sports Complex.
Mayor Talabisco noted that she had attended the U.S. Conference of Mayors event in
Orlando last weekend with Mr. Cernech to receive the Livability Award on behalf of the City of
Tamarac. She stated that the City of Tamarac was one of only twenty cities nationwide to
receive this very special award on an annual basis from the U.S. Conference of Mayors.
3. CITY ATTORNEY REPORT:
Mr. Goren noted that the City Commission was being asked to consider two motions today
relative to the reimbursement of legal fees to Mayor Beth Talabisco. Mr. Goren noted that
due to a direct personal interest in the matter, Mayor Talabisco would not be able to discuss
or vote on any of the subject matter. Mr. Goren requested that Mayor Talabisco pass the
gavel to Vice Mayor Glasser until these matters were disposed of on today's City
Commission agenda. Mr. Goren also stated that Mayor Talabisco would be signing and filing
a Form 8B relative to this matter with the City Clerk's Office. Mayor Talabisco noted for the
record that the gavel had been passed to Vice Mayor Glasser and also noted that she would
be abstaining from voting on these matters. Mr. Goren stated that at the April 25, 2012 City
Commission meeting, the City Commission had made a finding of a public purpose and legal
entitlement relative to the repayment of reasonable attorney's fees and costs to Mayor
Talabisco. Mr. Goren briefly described the process utilized to engage a third -party, Mr.
Howard Greitzer, to conduct an in-depth review of the reasonableness of the attorney's fees
charged by Mr. Davis, Mayor Talabisco's legal counsel. Mr. Goren noted that Mr. Greitzer
was in attendance to present his findings to the City Commission.
Mr. Greitzer
provided an
in-depth summary of
his review
relative to the
reasonableness of
Mr.
Davis' fees
and charges
in defense of Mayor
Talabisco.
Mr.
Greitzer
said that following
his
Page 2 of 7 REGULAR COMMISSION MEETING June 27, 2012
rigorous and detailed review of Mr. Davis' retainer agreement, he found that all of the fees
and charges were legally reasonable. Mr. Greitzer and Mr. Goren responded to questions
from the Vice Mayor and members of the City Commission.
Commissioner Dressler moved, seconded by Commissioner Gomez, to accept Mr. Greitzer's
report and recommendations. The motion was approved unanimously (4-0), with Mayor
Talabisco abstaining.
Mr. Goren noted that Mayor Talabisco and her husband had agreed to sign a promissory
note, a pledge agreement, and an escrow agreement, to isolate these funds and to protect
against potential future collection, should the appellate court reverse the trial court and send
the case back for consideration by Judge Imperato. At Mr. Goren's request, Mr. Cernech
confirmed that the Talabisco family had concurred with this course of action.
Commissioner Dressler moved, seconded by Commissioner Gomez, to accept an equal
division of funds of total legal fees ($137,000.00), with one-half ($68,500.00) being
reimbursed to Mayor Talabisco and the remaining one-half ($68,500-00) being placed into an
interest -bearing escrow account. The motion was approved unanimously (4-0), with Mayor
Talabisco abstaining. Electronic copies of Mayor Talabisco's executed Form 8B and
previously referenced promissory note and related documents are attached hereto.
4. CITY MANAGER REPORT:
Mr. Cernech said that the City of Tamarac had received notification from the State of Florida
Department of Health of the receipt of two EMS state -matching grants, one for $49,197.00 for
one hydraulic -lift patient stretcher and an additional $22,500 for a cardiac monitor. Mr.
Cernech also noted that members of the Tamarac CERT team had recently participated in a
mock disaster response exercise, utilizing the National Incident Management System (NIMS)
model.
Mr. Cernech stated that more than seventy registered golfers and twenty-five sponsors had
participated in the first annual golf tournament to benefit the Tamarac Parks and Recreation
Foundation. He noted that over $10,000 had been raised to benefit Tamarac's parks and
recreation programs, events and facilities. Commissioner Gomez commended City staff for
the excellent event. Mr. Cernech also noted that a total of forty-six people had attended the
recent Father's Day Fishing Tournament on Saturday, June 16th at Caporella Park.
Mr. Cernech reminded all interested persons about the upcoming luncheon with "Uncle Sam"
and "Betsy Ross" on Thursday, June 28th at 12 Noon at the Community Center. He noted
that the $5.00 participation fee included lunch, music and dancing, with tickets sold on a first -
come, first -served basis, to the first 150 participants. He also reminded everyone about the
City's annual All American celebration event on Wednesday evening, July 4th, between 6:00
p.m. and 9:30 p.m., at the Sports Complex. Mr. Cernech noted that the celebration included
rides, arts and crafts, games, face painting, music and fireworks. Mr. Cernech also said that
round-trip shuttle transportation would be available from 5:30 and 8:30 p.m. and following the
fireworks from City Hall and the Community Center.
Page 3 of 7 REGULAR COMMISSION MEETING June 27, 2012
Mr. Cernech also noted that the City of Tamarac had recently received notification that the
Prestige Homes appeal had been dismissed and that the City would be pursuing legal
avenues to recover applicable fees and expenses relative to this matter.
5. PUBLIC PARTICIPATION:
Sharon Aron Baron suggested that the Mayor and City Commission consider the possibility of
having a student lead the Pledge of Allegiance at future City Commission meetings. Mayor
Talabisco noted that the City of Tamarac had many existing activities which involved the
community's children and younger residents at City Commission meetings and other
community events throughout the City of Tamarac and Broward County. Ms. Aron Baron
also said that she had requested, but not received, information from City staff regarding the
City's recent purchase of "robo-call" system software to inform snipe sign owners about
violations of the City's signage codes. Finally, Ms. Aron Baron requested that the City
consider taking action to prevent individuals from seeking monetary donations along
community roadways. Ms. Aron Baron said she had recently witnessed some unsupervised
students, from Piper High School, seeking monetary donations along roadways in Tamarac.
6. CONSENT AGENDA: Mayor Talabisco asked Mr. Cernech whether there were any
changes or additions to this morning's Consent Agenda. Mr. Cernech said there were no
changes or additions to the Consent Agenda. Commissioner Gomez moved, seconded by
Commissioner Dressler, to approve the Consent Agenda as presented. The motion was
adopted unanimously (5-0).
a. APPROVAL OF THE JUNE 13, 2012 REGULAR COMMISSION MEETING MINUTES
APPROVED
b. TR12211 - WASTEWATER MAIN REHABILITATION INFLOW & INFILTRATION (I & 1)
PROJECT: A Resolution of the City Commission of the City of Tamarac, Florida, authorizing
the appropriate City of Tamarac Officials to accept and execute the agreement between the
City of Tamarac and SAK Construction, LLC, utilizing Choice Facility Partners (CFP) Contract
#10/039MP-01 for an amount not to exceed $840,000.00 for the FY12 Wastewater Main
Rehabilitation Inflow and Infiltration Project; authorizing the appropriate City Officials to
administer the contract; providing for conflicts; providing for severability; and providing for an
effective date.
RESOLUTION R-2012-74
c. TR12212 - APPROVE EXECUTION OF TASK AUTHORIZATION 012-06E FOR DESIGN
AND PERMITTING OF 108TH TERR/80TH ST. DRAINAGE AND RESURFACING
IMPROVEMENT PROJECT: A Resolution of the City Commission of the City of Tamarac,
Florida, approving Execution of Task Authorization No. 012-06E with Mathews Consulting,
Inc. to provide Professional Engineering Services for the design and permitting of the 108th
Terr/80th St. Drainage and Resurfacing Improvement Project, in accordance with the City's
Continuing Service Agreement as authorized by Resolution R-2011-87; authorizing an
expenditure for said purpose in an amount not to exceed $91,546.00; authorizing budget
Page 4 of 7 REGULAR COMMISSION MEETING June 27, 2012
amendments as needed for proper accounting
severability; and providing for an effective date.
RESOLUTION R-2012-75
purposes; providing for conflict; providing for
d. TR12215 - INTERLOCAL AGREEMENT WITH BROWARD CO. - GO SOLAR
PERMITTING PROGRAM: A Resolution of the City Commission of the City of Tamarac,
Florida authorizing the appropriate City Officials to execute the Interlocal Agreement between
Broward County and the City of Tamarac for the Go Solar Permitting Program; providing for
conflicts; providing severability; and providing for an effective date.
RESOLUTION R-2012-75
7. REGULAR AGENDA: There were no Regular Agenda Items scheduled for this meeting.
8. ORDINANCE(S) —FIRST READING
a. T02252 - FLORIDA BLDG CODE AMENDMENTS: An Ordinance of the City Commission
of the City of Tamarac, Florida, amending Part II of the City's Code of Ordinances ("City
Code"), Chapter 2, entitled, "Administration", Article IV entitled, "Departments;" Chapter 5,
entitled "Buildings and Building Regulations", Article II entitled, "Construction Standards,"
Article IV entitled, "Unsafe Structures," Article V entitled, "Irrigation," Article VI entitled,
"Antennae and Aerials," Article VII entitled, "Swimming Pools," Article X entitled, "Minimum
Housing Code;" Chapter 5.5, entitled "Cable Television", Article II entitled, "Franchise
Requirements and Responsibilities;" Chapter 10, entitled, "Land Development Regulations",
Article I entitled, "in General," Article VI entitled, "Land Development and Consistency
Standards;" Chapter 11, entitled "Landscaping;" Chapter 12, entitled "Licenses and Business
Regulations", Article II entitled, "Occupational Licenses," Article V entitled, "Amusement
Center Businesses;" Chapter 13, entitled "Miscellaneous Offences", Chapter 18, entitled,
"Signs and Advertising", Article II entitled, "Signs, Division 2. — Permits", Article II entitled,
"Signs, Division 3.- Criteria; Construction, Location and Design Standards;" Chapter 20,
entitled "Streets and Sidewalks", Article V entitled, "Newsracks Regulation;" Chapter 22,
entitled, "Utilities", Article II entitled, "Service Connections," Article VII entitled, "Backflow and
Cross Connection Control:" Chapter 24, entitled "Zoning", Article III entitled, "District
Regulations, Division 1-Generally, "Article V entitled, "Off-street Parking and Loading," Article
XI entitled, "Telecommunications Towers and Antennas;" providing for the establishment of
the Florida Building Code as the minimum building requirements for the City in accordance
with Chapter 553, F.S., as may be amended from time to time; providing for consistency
between the City Code and the Florida Statutes with regards to minimum building
requirements; providing for codification; providing for conflicts; providing for severability; and
providing for an effective date. Vice Mayor Glasser moved, seconded by Commissioner
Gomez, to approve T02252 on first reading. City Attorney Goren read T02252 by title into
the meeting record. The motion was adopted unanimously (5-0).
PASSED ON FIRST READING JUNE 27, 2012
b. T02254 - TOWING SERVICES: An Ordinance of the City Commission of the City of
Tamarac, Florida, authorizing the appropriate City Officials to execute an agreement pursuant
Page 5 of 7 REGULAR COMMISSION MEETING June 27, 2012
to Section 7.19 of the City of Tamarac Charter; awarding an agreement with Westway
Towing, Inc., providing for Towing Services for the City of Tamarac for the period beginning
August 1, 2012 through July 31, 2017; providing for conflicts; providing for severability; and
providing for an effective date. City Attorney Goren read T02254 by title into the record.
Commissioner Bushnell moved, seconded by Commissioner Dressler, to approve T02254 on
first reading. The motion was adopted unanimously (5-0).
PASSED ON FIRST READING JUNE 279 2012
9. PUBLIC HEARING(S): City Attorney Goren said TR12217, TR12218 and TR12219 are
companion items and can be heard together but will be voted on individually. City Attorney
Goren read TR12217, TR12218 and TR12219 by title into the record.
a. TR12217 - CDBG 10/11 ACTION PLAN AMENDMENT: A Resolution of the City
Commission of the City of Tamarac, Florida, approving an amendment to the fiscal year
2010/2011 annual action plan for expenditure of the U.S. Housing and Urban Development
Community Development Block Grant Funds for the eleventh program year to provide for
reallocation of funds; providing for conflict; providing for severability; and providing for an
effective date.
b. TR12218 - FY 2011/2012 CDBG ACTION I
Commission of the City of Tamarac, Florida,
2011 /2012 Annual Action Plan for expenditure
'LAN AMENDMENT: A Resolution of the City
approving an amendment to the Fiscal Year
of the U.S. Housing and Urban Development
Community
Development Block
Grant funds for the
twelfth program
year to provide for
reallocation
of
funds;
providing
for conflict;
providing
for severability;
and providing for an
effective date.
c. TR12219 - CDBG 12/13 ACTION PLAN: A Resolution of the City Commission of the City of
Tamarac, Florida, approving the projects recommended for inclusion in the fiscal year 2012
Annual Action Plan for expenditure of the U.S. Housing and Urban Development Community
Development Block Grant funds estimated to be $307,277 for the twelfth program year;
providing for conflicts; providing for severability; and providing for an effective date.
Commissioner Gomez moved, seconded by Vice Mayor Glasser, to approve TR12217,
TR12218 and TR12219 as presented. Housing Administrator Angela Bauldree presented a
brief overview of all three items.
Mayor Talabisco opened the public hearing on TR12217 and with no one wishing to speak
closed the public hearing.
The motion to approve TR12217 was adopted unanimously (5-0).
RESOLUTION R-2012-77
Mayor Talabisco opened the public hearing on TR12218 and with no one wishing to speak
closed the public hearing.
Page 6 of 7 REGULAR COMMISSION MEETING June 27, 2012
I
The motion to approve TR12218 was adopted unanimously (5-0).
RESOLUTION R-2012-78
Mayor Talabisco opened the public hearing on TR12219 and with no one wishing to speak
closed the public hearing.
The motion to approve TR12219 was adopted unanimously (5-0).
RESOLUTION R-2012-79
10. ORDINANCE(S) —SECOND READINGS:
a. T02255 - AMENDING ORDINANCE 2011-12 FY 2012 BUDGET: An Ordinance of the City
Commission of the City of Tamarac, Florida, amending Ordinance 2011-12, which adopted
the City of Tamarac Operating Budget, Revenues and Expenditures, the Capital Budget, and
the Financial Policies for the Fiscal Year 2012, by increasing the total revenues and
expenditures by a total of $5,199,663 as detailed in Exhibit A attached hereto; providing for
and effective date of May 1, 2012 for position reclassifications and creations; providing for
conflicts; providing for severability and providing for an effective date. Commissioner Gomez
moved, seconded by Commissioner Dressler, to approve T02255 on second and final
reading. Mr. Goren read T02255 by title into the record of the meeting. The motion was
adopted unanimously (5-0).
PASSED ON FIRST READING JUNE 139 2012
PASSED ON SECOND READING JUNE 279 2012
ORDINANCE NO. 0-2012-13
11. QUASI-JUDICIAL HEARING(S): There were no Quasi -Judicial Hearings(s) items
scheduled for this morning's meeting.
12. OTHER:
There being no further business to come before the City Commission, Mayor Talabisco
adjourned the meeting at 10:29 a.m.
City Clerk
Page 7 of 7
Beth Talabisco, Mayo
M, CMC
REGULAR COMMISSION MEETING June 27, 2012
No Text
FORM 813 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHERLOCAL PUBLIC OFFICERS
LAST NAME --FIRST NAME —MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
Talabisco, Beth City Commission of the City of Tamarac, Florida
MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
7525 NW 88 Ave WHICH I SERVE IS A UNIT OF:
CITY COUNTY QCITY ❑ COUNTY []OTHER LOCAL AGENCY
Tamarac Broward NAME OF POLITICAL SUBDIVISION:
City of Tamarac, Florida
DATE ON WHICH VOTE OCCURRED MY POSITION 1S:
June 27, 2012 [Z] ELECTIVE APPOINTIVE
WHO MUST FILE FORM 813
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163,357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
No Text
APPOINTED OFFICERS (continued)
A copy of the form must be provided immediately to the other members of the agency.
The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording: the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
I
Beth Talabisco
DISCLOSURE OF LOCAL OFFICER'S INTEREST
hereby disclose that on June 27 2012
(a) A measure came or will come before my agency which (check one)
E inured to my special private gain or loss;
inured to the special gain or loss of my business associate, ;
inured to the special gain or loss of my relative,
inured to the special gain or loss of by
whom I am retained; or
inured to the special gain or loss of , which
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
Consideration of the reimbursement of attorney's fees and costs following the entry of an Order
of Dismissal on March 14, 2012, in the case of State of Florida v. Beth Flansbaum--Talabisco,
Broward County Criminal Case No. 11-004274CF10A.
Date Filed
Signature
Z-1
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 8B - EFF. 1/2000 PAGE 2
No Text
J
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME --FIRST NAME---M IDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
Talabisco, Beth City Commission of the City of Tamarac, Florida
MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
7525 NW 88 Ave WHICH i SERVE IS A UNIT OF:
CITY COUNTY QCITY ❑ COUNTY OTHER LOCAL AGENCY
Tamarac Broward NAME OF POLITICAL SUBDIVISION:
City of Tamarac, Florida
DATE ON WHICH VOTE OCCURRED MY POSITION 1S:
June 27, 2012
[✓] ELECTIVE APPOINTIVE
WHO MUST FILE FORM 813
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also Is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS;
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
x
APPOINTED OFFICERS
Although you must abstain from voting in the situations described above, you otherwise May participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
r
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must Incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, Beth Talabisco , hereby disclose that on June 27 . 20 12 '
(a) A measure came or will come before my agency which (check one)
IZI inured to my special private gain or loss;
inured to the special gain or loss of my business associate,
inured to the special gain or loss of my relative,
inured to the special gain or loss of by
whom I am retained; or
inured to the special gain or loss of , which
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
Consideration of the reimbursement of attorney's fees and costs following the entry of an Order
of Dismissal on March 14, 2012, in the case of State of Florida v. Beth Flansbaum-Talabisco,
Broward County Criminal Case No. 11-004274CF10A.
Date Filed
Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 813 - EFF. 1/2000 PAGE 2
r
PROMISSORY NOTE
$%500.00
Tamarac, Florida
June , 2012
FOR VALUE RECEIVED the undersigned, Beth Talabisco and John J. Talabisco
(hereinafter referred to as "Maker"), jointly and severally promise to pay to the order of the
City of Tamarac, a Florida municipal corporation, its successors and/or assigns (hereinafter
referred to as the "Holder') whose address is 7525 NW 88th Avenue, Tamarac, Florida
3 3 3 21, or such other place as the Holder hereof may, from time to time, designate in writing,
the principal sum of Sixty Eight Thousand Five Hundred and o 0/ 100 ($68,500.00)
DOLLARS, with interest thereon from the date hereof until maturity, the aforesaid principal
sum as hereafter provided to be paid in lawful money of the United States of America, which
shall be legal tender in payment of all debts and dues, public and private, at the time of
payment as follows:
Interest on this Promissory Note ("Note'} shall accrue at the then prevailing interest
rate for investments held in the City's municipal investment portfolio. In the event an
appellate court of the State of Florida issues an opinion which overturns the
dismissal entered on March 14, 2012 in Broward County Criminal Case No. H--
004274CF.10A, State of Florida v. Beth Flansbaum-Talabisco, the Maker shall pay
the principal, in full, to the .,Molder no later than fifteen (15) days after the date of the
appellate court decision becomes final, and no further appeals are filed, (the
".Maturity Date'). In the event an appellate court affirms the dismissal entered on
March 14, 2012 in Broward County Criminal Case No. 11--0042 74CFI0A, State of
Florida v. Beth Flansbaum-Talabisco, then this Note shall be null and void, and the
Folder shall return this Note to the .Maker.
It is hereby agreed that if any payment of principal or interest or any installment
thereof, is not made within five (5) days of the due date as above provided, then, the entire
amount of principal of this Note, shall, at the option of the holder of this Note and without
notice (the Maker expressly waives notice of such default), become and be due and
collectible, time being of the essence of this Note. If this Note shall not be paid at Maturity
Date or according to the tenor thereof and strictly as above provided, it may be placed in the
hands of any attorney at lave for collection, and in that event, each party liable for the payment
thereof, as Maker, endorser, or otherwise, hereby agrees to pay the holder hereof, in addition
to the sums above stated, a reasonable sum as an attorneys fee, which shall include attorneys
fees at the trial level and on appeal, together with all reasonable costs incurred. After
maturity or default, this Note shall bear interest at the highest rate permitted under then
applicable law.
Page 1 of 2
11
As to this Note, the Maker severally waives all applicable exemption rights, whether
under the State Constitution, Homestead laws or otherwise, and also severally waives
valuation and appraisement, presentment, protest and demand, notice of protest, demand and
dishonor and nonpayment of this Note, or any payment hereunder, may be extended from
time to time without in any way affecting the liability of the Maker.
Nothing herein contained, nor in any instrument or transaction related hereto, shall be
construed or so operated as to require the Maker, or any person liable for the payment of the
loan made pursuant to this Note, to pay interest in an amount or at a rate greater than the
highest rate permissible under applicable law. Should any interest or other charges paid by
the Maker, or any parties liable for the payment of this Note, result in the computation or
earning of interest in excess of the highest rate permissible under applicable law, then any and
all such excess shall be and the same is hereby waived by the holder hereof, and all such
excess shall be automatically credited against and in reduction of the principal balance, and
any portion of said excess which exceeds the principal balance shall be paid by the holder of
the Maker and any parties liable for the payment of the loan made pursuant to this Note, it
being the intent of the parties hereto that under no circumstances shall the Maker, or any
parties liable for the payment hereunder, be required to pay interest in excess of the highest
rate permissible under applicable law.
This Note is to be construed according to the applicable laws of the State of Florida
and the United States of America and venue shall be in Broward County, Florida.
MAKER.:
Talabisco
HA GOV CLIENTSUAM 2704NO501 d4 GMWISCUalabisco - Promissory Note.doc
Page 2 of 2
r
ESCROW AGREEMENT
THIS AGREEMENT is made this 2-6 'k day of 00(0t , 2012 by and between City of
Tamarac, a Florida municipal corporation (hereinafter the "City"), and Beth Talabisco and John J.
Talabisco, (hereinafter collectively the "Recipient").
WITNESSETH
WHEREAS, the City Commission for the City of Tamarac previously made a finding that
Beth Talabisco was legally entitled to the payment of, and further authorized the payment of
attorney's fees and costs In the amount of One Hundred Thirty Seven Thousand and 00/100 Dollars
($1373000, 00) (the "Funds"), to Recipient following the entry of an Order of Dismissal on March 14,
20123 in the case of State of Florida v. Beth Flansbaum-Talabisco, Broward County Criminal Case
No. 11--004274CF 1 OA (hereinafter the "Order"); and
WHEREAS, the State of Florida appealed the Order. As a result, the appellate court could
reverse the Order. In the event the appellate court reverses the Order, the criminal case against Beth
Talabisco could be reopened, and Beth Talabisco could be suspended from office during the
pendency of a new trial; and
WHEREAS, in the event the Order is reversed, the City would be entitled to have the Funds
returned to the City; and
WHEREAS, the City has agreed to pay to the Recipient one half of the Funds, equal to Sixty
Eight Thousand Five Hundred and 00/100 Dollars ($68,500.00), with remaining half of the Funds,
equal to Sixty Eight Thousand Five Hundred and 00/100 Dollars ($68,500.00), being placed into an
escrow account pursuant to the terms of this Escrow Agreement.
WHEREAS, in order to insure that the City has the ability to have the funds returned due to
the fact that an appellate court reverses the Order, the parties have agreed to have the Funds placed in
escrow, and have GOREN, CHEROF, DOODY & EZROL, P.A. serve as Escrow Agent; and
WHEREAS, the City and Recipient acknowledge that GOREN, CHEROF, DOODY &
EZROL, P.A., serves as the City Attorney for the City of Tamarac, and upon execution of this
Agreement waive any conflict that may exist or arise as a result of the Escrow Agent's actions
pursuant to this Agreement, as provided by the Florida Bar Rules of Professional Conduct.
NOW THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the parties hereto agree as follows:
1. Appointments — GOREN, CHEROF, DOODY & EZROL, P.A. (the "Escrow Agent") is
hereby appointed depository and payment agent for City and Recipient with respect to the
subject matter of this Agreement, upon the terms and conditions hereinafter set forth.
2. Escrow Funds;Duties of Escrow Aunt - Escrow Agent hereby agrees to hold Sixty Eight
Page 1 of 5
.
Thousand Five Hundred and 00/100 Dollars ($68,500.00) to be provided by City in an
interest bearing escrow account. Such account shall be opened up in the name of the Escrow
Agent but under the identification number of the beneficiary of the interest provided that
beneficiary provides Form W-9. All interest or other yield earned thereon for all periods in
which the Escrow Fund shall be so held and invested shall remain in said account and be
paid out at the same time and to the same party who shall receive the principal as hereinafter
specified. The rate of interest shall be that provided on the deposit by the institution in which
the deposit is placed.
In performance of duties hereunder, Escrow Agent shall give consideration only to the
provisions of this Agreement, and Escrow Agent is not a party to, nor is it bound by, nor
need it give consideration to, the terms, and provisions of any other agreements or
undertakings between City and Recipient or either of them and third parties, and Escrow
Agent has no duty to determine or inquire into the happening or occurrence of any event or
contingency or the performance or failure of City or Recipient with respect to other
provisions of this Agreement or with respect to arrangements, agreements or contracts with
each other or others. In no event may Escrow Agent exercise any discretion on City's or
Recipient's behalf; Escrow Agent's sole duty hereunder shall be to comply with the terms
and provisions of this Agreement.
3. Termination -- City and Recipient shall jointly execute and deliver to the Escrow Agent
instructions specifying to whom Escrow Agent is to pay over the Escrow Funds, at any time
but not exceeding twenty four (24) months from the date the Escrow Agent executes this
Agreement. Upon such disbursement by the Escrow Agent, Escrow Agent shall thereby be
discharged and released in respect to its obligations under this Agreement, and whereby this
Agreement shall be terminate and the parties shall have no further obligations hereunder.
4. Notices - Any notice or demand given or required by any party hereunder shall be in writing
and shall be sufficiently given or served by being deposited, postage prepaid, in a United
States Post Office depository, sent by registered mail or certified mail, return receipt
requested as follows. -
if to City.. City of Tamarac
7525 NW 88t" Avenue
Tamarac, Florida 33321
Attention: Michael C. Cernech, City Manager
With a Copy to: Samuel S . Goren, Esq.
GOREN, CHEROF, DOODY & EZROL, P.A.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, Florida 33308
Tel: (954) 771-4500
If to Recipient: Beth Talabisco
John J. Talabisco
Page 2 of 5
5215 white Oak Lane
Tamarac, Florida 33319
If to Escrow Agent: Samuel S. Goren, Esq.
GOREN, CHEROF, DOODY & EZROL, P.A.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, Florida 33308
Tel: (954) 771-45 00
Fax: (954) 771-4923
Simultaneous with any notice or written instruction by City or Recipient, such party shall
send a copy to the other at its address above set forth. Escrow Agent may act upon any
written notice, request waiver, certificate, receipt, authorization, power of attorney or other
instrument or document which complies with the terms hereof and which Escrow Agent in
good faith believes to be genuine and to be what it purports to be.
5. Disputes; Exculpation
(1 } In the event that a dispute shall arise as to the disposition of any portion of Escrow
funds, Escrow Agent shall either hold the same or at Escrow Agent's election,
deposit the same with a court of competent jurisdiction pending the decision of such
court, and Escrow Agent shall be entitled to rely upon the decision of such court with
respect to the disposition of such funds, after the expiration of any appeal period.
(2) In the event of any dispute, Escrow Agent shall be entitled to consult with its counsel
and be reimbursed for all expenses of such consultation with respect to its duties as
Escrow Agent and shall be further entitled to all reasonable expenses incurred in
connection with such consultation. All such expenses shall be paid from funds
deposited herein to the extent such funds are sufficient.
(3) Escrow agent is hereby released and exculpated of all liability whatsoever arising out
of or in connection with its activities as Escrow Agent hereunder, except to the extent
of loss or damage caused by its willful misconduct or gross negligence.
(4) Escrow Agent may act or refrain from acting in respect to any matter referred to
herein in full compliance upon and by and with the advice of counsel which may be
selected by Escrow Agent and shall be fully protected in so acting or in refraining
from acting upon the advice of such counsel.
(5) City and Recipient hereby agree to indemnify and hold Escrow Agent harmless from
and against any and all claims, liabilities, judgments, attorney(s) fees and other
expenses of every kind or nature arising out of this Agreement, other than such
claims resulting from the willful misconduct, or gross negligence of Escrow Agent.
(6) Escrow Agent shall not be required to institute or defend any action or legal process
Page 3 of 5
.
involving any matter referred to herein which in any manner affects its duties or
liabilities hereunder, unless or only as requested to do so by City and Recipient and
then only upon receiving full indemnity in an amount, and of such character, as
Escrow Agent shall reasonably require, against any and all claims, liabilities,
judgments, attorney (s) fees and other expenses of every kind in relation thereto. Any
such sums are to be paid by the party whose position is not sustained.
6. Counterparts - This Agreement may be executed in several counterparts, each of which
shall be deemed an original, and such counterparts shall constitute and be one and the same
instrument.
7. Captions -- The paragraph headings of this Agreement are for convenience or reference only
and shall not be construed as defining or limiting the scope of any provisions hereof.
8. Controlling Law - This Agreement shall be construed and enforced in accordance with the
laws of the State of Florida.
9. Conflict. The City and Recipient acknowledge, through their execution of this Agreement
that the Escrow Agent serves as the City Attorney for the City of Tamarac. Furthermore,
through the execution of this Agreement, the City and Recipient waive any conflict that may
exist or arise under the Florida Bar Rules of Professional Conduct as a result of Escrow
Agent's performance of its duties and responsibilities pursuant to the terms and conditions of
this Agreement.
IN WITNESS WHEREOF, the parties have hereunder set their hands as of this day and
year first above written.
CITY 4F TAMAR.A.C, a Florida municipal
corporation
MIC.;I i.A EL L . UE" ECi 5
CITY MANAGER
PETER M.J RICHARDSON, CRM,
CITY CLERK
APPROVED AS TO FORM:
BY:
CE dF tA# CITY ATTORNEY
Page 4 of 5
WITNESSES*
Pri t Na e: rc.t_ C'� �rt
STATE OF FLORIDA
COUNTY OF BROWARD
RE, CIP
The foregoing instrument was acknowledged before nee this day of June, 2012 by Beth
Talabisco and John J. Talabisco, who are personally known to me or have produced Florida Driver's
License as identification. A
NOTAR
ESCROW AGENT:
GOREN, CHEROF, DOODY & EZROL, P.A.
By
Title:
Signed on _ 02-6 , 2012
SSG:DNT:dnt
HAl GOV CLIENTSITAM 2704\050164 GMIAGMTS\Escrow Agreement (Talabisco).doc
Page 5 of 5
C
This document was prepared by
Samuel S. Goren, Esquire
Goren, Cherof, Doody & Ezrol, P.A.
3099 E, Commercial Boulevard, Suite 200
Fort Lauderdale, Florida 33308
PLEDGE AND HYPOTHECATION AGREEMENT
KNOW ALL MEN BY THESE PRESENTS, that, in consideration of any financial
accommodation heretofore or now or hereafter at any time made or granted to Beth Talabisco
and John J. Talabisco thereinafter referred to as "Maker"), and the City of Tamarac, a Florida
municipal corporation (hereinafter collectively called "City"), including but not limited to that
certain payment as evidenced by the Promissory Note of even date herewith in the amount of
Sixty Eight Thousand Five Hundred and 00/100 Dollars ($68,500.00), (the "Promissory
Note"), delivered to the City, which shall include its successors and assigns, the undersigned
warrants and agrees with City that, to secure the payment of the liabilities hereinafter defined,
City has and shall have a lien upon, security title to, and a security interest in the following
property which has been or is hereby pledged, assigned or conveyed to, or deposited with or
delivered to the City:
SEE EXHIBIT "A " WHICH IS ATTACHED HERETO
together with all property at any time delivered, pledged, assigned, conveyed or transferred by
the undersigned to the City and any other property of every kind or description of the
undersigned, now or hereafter in the possession or under the control of City for any reason,
and all other rights incident to, declared or granted in connection with any property
hereinabove described or referred to (and all the foregoing may herein be called the
"Collateral"). As used herein the term "liabilities" means and includes the obligations created
by the Promissory Note. The undersigned waives notice of the contracting, creation and
existence of all and any of the liabilities.
1. The Maker, who has delivered, pledged, assigned or transferred any property
to the City warrants to the City that such undersigned is the sole and lawful owner of such
property, flee of all claims and liens, with full right to deliver, pledge, assign, convey and
transfer such property to the City as Collateral hereunder.
2. City shall exercise reasonable care in the custody and preservation of the
Collateral to the extent the City takes possession of any Collateral, and as may be required by
applicable statute, and shall be deemed to have exercised reasonable care if it takes such
action for that purpose as the Maker (or if more than one, such of the undersigned as the City
shall have knowledge has an ownership interest in such Collateral) shall reasonably request in
writing, but no omission to do any act not so requested shall be deemed a failure to exercise
reasonable care, and no omission to comply with any such request shall of itself be deemed a
failure to exercise reasonable care. City or its nominee need not collect interest on or
principal of any Collateral or give any notice with respect to it.
3. City may, from time to time, without notice to the Maker, (a) retain or obtain
security title to or a security interest in any property, in addition to the Collateral, to secure
any of the liabilities; (b) retain or obtain the primary or secondary obligation of any party or
Page 1 of 4
parties, in addition to the undersigned or any of them, with respect to any of the liabilities; (c)
extend or exchange any of the liabilities or release or compromise any of the liabilities or any
party or parties primarily or secondarily liable thereon;
4. Upon payment when due, (whether by declaration or otherwise) of any
amount payable on the Promissory Note, or upon the happening of any event of default as
defined in the Promissory Note evidencing any of the liabilities or in any other agreement or
instrument securing or otherwise relating to any of the liabilities, or upon the occurrence of
any event giving City any right to declare any of the liabilities due and payable, the City (i)
shall have and may exercise without demand any and all the rights and remedies granted to a
secured party upon default otherwise available to City, including those available under the
Promissory Note or any promissory note or agreement or other written instrument evidencing
or securing or otherwise relating to any of the liabilities or any security therefor; and (ii) may,
without demand or notice of any kind, appropriate and apply toward payment of such of the
liabilities, and in such order of application, as City may from time to time elect, any balances,
credits, deposits, accounts, items, or monies of the undersigned, or any of them. If any
notification of intended disposition of any of the Collateral or any other intended action is
required by law, such notification shall be deemed reasonably and properly given if mailed at
least five (5) days before such disposition or other intended action, postage prepaid,
addressed to the undersigned (or if more than one, to such of the undersigned as City shall
have knowledge has an ownership interest in such collateral), either at the address of the
undersigned appearing on the records of the City. Any proceeds of any disposition of any of
the Collateral may be applied by City to the payment of expenses in connection with
Collateral, including reasonable attorneys fees and legal expenses, and any balance of such
proceeds may be applied by City toward the payment of such of the liabilities, and in such
order of application, as the City may from time to time elect. All rights and remedies of the
City expressed herein are in addition to all other rights and remedies possessed by it,
including those under any other agreement or instrument relating to any of the liabilities or
any security therefor. No waiver by City of any of its rights or remedies or of any default
shall operate as a waiver of any other right or remedy or of any other default or of the same
right or remedy or of the same default on a future occasion. No delay or omission on the part
of the City in exercising any right or remedy shall operate as a waiver thereof, and no single
or partial exercise by City of any right or remedy shall preclude any other or further exercise
thereof or the exercise of any other right or remedy. No action of City permitted hereunder or
under any agreement or instrument relating to any of the liabilities or any security therefor
shall impair or affect the right of City in and to the Collateral. The singular when used herein
shall include the plural and the neuter shall include masculine and feminine. If more than one
party shall execute this agreement, the term "undersigned" shall mean all parties signing this
agreement and each of them, jointly and severally.
5. This agreement shall be binding upon the heirs, executors, administrators, and
assigns of each of the Maker. This agreement has been delivered in the State of Florida and
shall be construed in accordance with the laws of Florida.
(SIGNATURE PAGE TO FOLLOW)
Page 2 of 4
EXHIBIT "A"
LIST OF SECURED PROPERTY
1. Real Property located at 5215 white Oak Lane, Tamarac, Florida 33319, legally
described as follows:
Lot 155 THE WOODLANDS THIRD SECTION, according to the
Plat thereof, recorded in Plat Book 66, Page 24, of the Public
Records of Broward County, Florida
Folio Number: 49 41 14 04 0150
2. Proceeds paid to Recipient in the amount of $68,500.00
3. Proceeds held in escrow account at Goren, Cherof, Doody & Ezrol, P.A. in the
amount of $68,500,00.
4. Any other property delivered, pledged, assigned, conveyed or transferred by the
Maker to the City.
Page 4 of 4
J
IN WITNESS WHEREOF, this Agreement has been duly executed this bra day of
�IUW .2012.
A.TTEST.:
PETER M.J. P
CITY CLERK
CHARDS ON, CRM,
APPROVED AS TO FORM:
BY:
CE`"OF
ES:
CITY OF TAMARAC, a Florida municipal
corporation
ITY ATTORNEY
Print'Name: #' SRpqjk S,- tcafe�j
Print Name:
STATE OF FLORIDA
COUNTY OF BROWARD
MICHAEL C. CERNECH,
CITY MANAGER
1 aiaeisco
The foregoing instrument was acknowledged before me this _Z_(A day of June, 2012 by Beth
Talabisco and John J. Talabisco, who are personally known to me or have produced Florida
Driver's License as identification.
SSG:DNT:dnt
H:1 GQV CLIENTSUAM 2704\050164 WMISCUalabisco Pledge(6-25-12).doc
TARP P
0►�� r SAMUEL S. GOREN
Commission # EE 065978
Expires ,tune 18, 2015
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