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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 ft&d ThmTray Fain tnswwce 8oQ3ab-7'019 Page 3 of 4 No Text