HomeMy WebLinkAbout2013-01-09 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
WEDNESDAY, JANUARY 9, 2013
CALL TO ORDER: Mayor Talabisco called the regular meeting of the City Commission to
order at 7:03 p.m. on Wednesday, January 9, 2013 in City Commission Chambers, Tamarac
City Hall, 7525 NW 88 Avenue, Tamarac, FL 33321.
ROLL CALL: Mayors Beth Talabisco, Commissioner Pamela Bushnell, Commissioner Patricia
Atkins -Grad, Commissioner Diane Glasser and Commissioner Harry Dressler were in
attendance.
Also in attendance were City Manager Michael C. Cernech, City Attorney Samuel S. Goren
and Interim City Clerk Patricia Teufel.
PLEDGE OF ALLEGIANCE: Commissioner Pamela Bushnell led the Pledge of Allegiance.
1. PROCLAMATIONS AND PRESENTATIONS:
a. Presentation of a Proclamation by Mayor Beth Talabisco proclaiming January 18, 2013 as
"Arbor Day". (Requested by Public Services Director Jack Strain)
b. Presentation of a Proclamation by Mayor Beth Talabisco proclaiming January 2013 as
"Broward County Diversity and Inclusive Community Month". (Requested by Mayor Beth
Talabisco)
2. CITY COMMISSION REPORTS:
Commissioner Dressler: Read a statement into the record which is attached hereto and
incorporate herein. Mayor Talabisco thanked Commissioner Dressler for his candor.
Commissioner Bushnell: Said she is profoundly saddened by the two deaths that occurred
today in the Mainlands. Commissioner Bushnell wished everyone a very Happy, Safe and
Healthy New Year and thanked everyone for coming to the meeting tonight.
Mayor Talabisco said it was a difficult day for Tamarac, for staff and for families in the
Mainlands as two people lost their lives today in District 1. Mayor Talabisco wanted to make
it clear that even though the Commission talks about their respective districts the
Commission represents the City as a whole.
Commissioner Atkins -Grad: Said it was great to be back. It was an extremely stressful time
and one she is eager to put behind her. Commissioner Atkins -Grad said she regrets that so
much of the negative aspects of this spilled over to her colleagues and to Tamarac but she
feels vindicated when the jury found no wrong doing on her part. She is truly grateful for the
support she received from her constituents, friends and from her family who helped her get
through a most difficult ordeal. Commissioner Atkins -Grad thanked Michelle Gomez who
carried so ably in her absence. Commission Atkins -Grad said this is a closed chapter in her
Page 1 of 9 REGULAR COMMISSION MEETING January 9, 2013
life and she is ready to move forward and to resume serving the residents of istrict 2 and
Tamarac and is eager to get up to speed on current issues. Commissioner Atk ns-Grad said
God Bless this great country of our system of justice. i
Commissioner Glasser: Wished everyone a very Happy and Healthy New Year
all the bad things that have taken place are in the past and looks to the future
things that will happen.
e. Mayor Talabisco: Welcomed everyone to City Hall and said it looks like there
talk about which will be done during Public Participation and asked that every
respectfully. Mayor Talabisco wished everyone health because when you are hE
wealthy. Mayor Talabisco said there are a lot of things going on in the City di
Anniversary celebration for juniors, seniors and in-betweeners, including a kick
March featuring the group of Blood Sweat and Tears and invited everyone to a
Talabisco said that as the Mayor she felt strongly about leading the City forward
to deal with each other in a respectful way and concentrate on the positive.
ind hopefully
for the good
is an issue to
thing be said
althy you are
je to the 50th
off concert in
tend. Mayor
and we need
3. CITY ATTORNEY REPORT: City Attorney Goren said that on the dais is a m
mo that they
prepared dated December 21St and he has to present it to the Commission a
a matter of
legal acumen and direction. It is a memo with regard to Commissioner Atkins
Grad and as
you know on December 11 th a Broward County jury acquitted CommissionerAtkins-Grad
of
all criminal charges filed against her by the State Attorney's Office and Governor
Scott
removed her suspension on December 18th which essentially returned her to
office as a
matter of law. A copy of Governor Scott's Order is attached to the memo. There
are several
things under state law under Chapter 112 that does not require your direction.
Because the
Commissioner was acquitted she has a legal entitlement as an official to full back
pay and
such other emoluments or allowances to which she would have been entitled
for the full
period of the suspension. This is being handled by administration and the Commission
does
not have to take any legal action this evening. However, there is another aspec
of this issue
which does require public review and attention and that is related to attorney'
fees. It is a
two prong approach, one of which is the Commission must make a public findin
and the law
which supports that finding is set forth in the memo of entitlement. Having beer
acquitted by
a jury of her peers and based upon the fact that in the performance of her duties,
based on
the charges that were alleged, there is a legal basis and premise on which this
Commission
must take action to publically ratify and confirm what is called legal entitlement
to legal fees.
There is under Florida common law recognized case decisions and legal pre
edent which
requires and obligates local government for that specific legal obligation. Asa second
prong
to that task, which is called reasonableness of fees, the Commission needs to,
by motion,
ratify, the issue of entitlement and once the Commission makes a decision as to
entitlement it
would then be his obligation to engage a third party independent lawyer to review
the fees
that will be submitted by Commissioner Atkins -Grad attorney. This will be take
1 back to the
Commission at a later time as to what that fee might be. At this time there are so
a rules that
must be followed as this is something that does require some legal a
tion by the
Commission. First, Commissioner Atkins -Grad cannot vote nor debate on this
opic. Under
Chapter 112, which governs ethics of public officials, she would benefit byte
vote and,
therefore, cannot vote and
for the
purpose of
the record
she
will
not
vote or debate
the
topic
Page 2 of 9 REGULAR COMMISSION MEETING January9, 2013
and will file a voting conflict Form 8 within 15 days after today's discussion by the
Commission. I have also been advised that Mayor Talabisco wants to make a statement
regarding her position on the issue before we even begin any discussion or motion that would
be entertained by the Commission.
Mayor Talabisco said she is recusing herself consistent with ethics advisory opinion CEO-07-
5. Although she was informed there is no conflict she felt that there is the appearance of
conflict preventing her from voting on this item. Therefore, in an abundance of caution, and
as stated in F.S. 286.012, she will abstain from voting on this item and will file a Form 8 with
the Clerk. City Attorney Goren said the statute that Mayor Talabisco referred to is section
286.012 which is part of the Florida Sunshine Law which suggests that in the event there is
what appears to be a possible conflict of interest under Section 112, the Mayor has taken the
position that she will not vote or debate the subject matter as well. The consequence of which
is we have two members of the Commission that cannot vote or debate on the subject which
is the motion for entitlement under Florida law to reimburse Commissioner Atkins -Grad for
the lawyer's fees incurred in defending herself in the Circuit Court of Broward County. In light
of the fact that we have an absent Vice Mayor this evening the most senior member last
entitled to the Vice Mayor position is Commissioner Glasser and asked Mayor Talabisco to
pass the gavel to acting Vice Mayor Glasser. Mayor Talabisco passed the gavel to Acting
Vice Mayor Glasser. City Attorney Goren said for the purpose of the record the Acting Vice
Mayor is simply acting as the gate keeper for this discussion because the Mayor and
Commissioner Atkins -Grad cannot vote. The memo that was presented to the Commission
supports the premise on which you are proceeding this evening which will be to entertain a
Motion to find entitlement for legal fees for Commission Atkins -Grad which will set in motion
several things. When this is approved we will then engage a third party outside expert who
will review the fees and expenses incurred by Commissioner Atkins -Grad which will come
back to the Commission for a later vote. At this time you are not voting on the amount of the
fees, you are voting on the legal right to collect the fees. City Attorney Goren said he and
administration cannot make this decision and you as a public body must make it and on the
record. City Attorney Goren responded to questions and concerns from Commissioners
Glasser and Dressler.
Commissioner Dressler, said based upon the presentation of the City Attorney, and upon
review of his CAO Memo #2012-207, dated December 12, 2012, a copy of which is on the
dais, I move to find that Commissioner Atkins -Grad is entitled to reimbursement of her
reasonable attorneys fees incurred in the defense of her criminal case, and based on a
finding that the legal requirements for entitlement have been met, subject to a later finding of
reasonableness, to be determined by an outside, independent attorney expert, at a later date.
Commissioner Bushnell seconded the Motion. Motion passed (3-0). City Attorney Goren
said that for the record the Mayor has recused herself from voting or debating as earlier
described by him as well as Commissioner Atkins -Grad. From this point forward he will take
whatever actions are appropriate to engage a third party expert to review the fees and costs,
within the next 30 to 45 days if not less, which will be the subject matter of a further public
examination as some future time. Acting Vice Mayor Glasser turned the gavel back over to
Mayor Talabisco.
Page 3 of 9 REGULAR COMMISSION MEETING January 9, 2013
4. CITY MANAGER REPORT: Wished everyone a Happy New Year and thanked the
Commission members that were able to attend the Employee Recognition event earlier
today. Our employees are doing great things and it means a lot to us to be able to recognize
them and it means a lot to the employees that you are able to be there to celebrate their
successes.
City Manager Cernech was happy to report that we have a new Economic I
Manager on board and we are working diligently to get our Main Street project o
and the addition of Ana will greatly improve our chances with this project. We
second, of at least three, Neighborhood Consensus Building meetings in the We
evening. The first meeting went well and the second meeting went well also. V
to narrow some of the issues down to a manageable number and we will be
them sometime next month. When there are some conclusions he will bring ther
Commission. In conjunction with Community Development we will look to utili;
process in some of our other neighborhoods where we are facing issues c
consensus on issues that impacting those neighborhoods.
development
ff the ground
also held the
)odlands last
le were able
meeting with
n back to the
:e that same
f community
City Manager Cernech said he is happy to report that Steve Stillwell has been promoted to
Division Chief of Professional Standards; Firefighter Dan Mariano was selected as the 2013
Fire Fighter of the year and he will be presented with a proclamation at the next commission
meeting; the Tamarac CERT group will be starting a class on January 11th which will conclude on January 26 th and if anyone is interested they can contact Van Schoen at Fire
Administration; the Fire Rescue Cadets started an Emergency Management Technician class
on January 7th, the cadets can take this certification course during their last semester of High
School.
City Manager Cernech reported that approximately 1,000 people attended t
Winter Wonderland event that was held at Tamarac Park on December 14th.
Cernech invited everyone to attend the Groundbreaking Ceremony for the no
Park on Friday, January 25, 2013 starting at 5:00 p.m. At approximately 6:00 p.
be able to enjoy a movie from 1963 "Charade" in celebration of Tamarac's 50th /
5. PUBLIC PARTICIPATION: Mayor Talabisco said a number of people this eve
to speak about the football league and invited Parks & Recreation Director Gr,
give some information on the issue at hand. Parks & Recreation Director
background on the Tamarac Youth Football League issue.
Mayor Talabisco opened public participation and the following individuals spo
keeping Mike Bergdorf as President of Tamarac Youth Football as well as the
members: Elliot Meiseles, 11040 Palm Ridge Ln.; Maribeth Walton, 8290 N
Carin Flores, 11176 NW 1st PI., Coral Springs; Craig Kachadorrian, 8810 NW
Brown, 6703 NW 98th Ave.; Troy Charles, 4460 NW 62nd St.; Jean Durocher, i
St., Lauderhill; Kimberly Bonadovia (no address provided); Patricia Meiseles,
Ridge Ln.; Kevin & Lorraine Morris, 10976 Royal Palm Blvd.; Rodney Halila,
Terr., No. Lauderdale; Henry Williams, 10071 NW 107th Ln.; Mike Bergdorf,
St.; Daniella Martinez, 9511 NW 80th St.; Cascus Freeman & Son, 2080 NW 88tr
e Rudolph's
;ity Manager
N Mainlands
i. people will
iniversary.
ing are here
g Warner to
)rovided the
ce in favor of
-,%,urrent board
N 68th Terr.;
770 Ct. ; Lisa
201 NW 48th
11040 Palm
31 NAW 76th
511 NW 80th
Ave.
Page 4 of 9 REGULAR COMMISSION MEETING January9, 2013
Mayor Talabisco thanked everyone for coming this evening and said they are the future of
Tamarac and asked to be invited to a game. Mayor Talabisco asked City Manager Cernech
to address the issue. City Manager Cernech said parents are the foundation of youth sports
and he was fortunate to participate in youth sports as a child and knows how important this is
in children's lives and to have parents and other adults involved as volunteers who serve as
role models for our children. One positive thing he heard tonight was that everyone believes
in their children and this program and what it does for the children. He said he was very
impressed with how proud they are to be here in Tamarac. Youth sports and what you do as
parents and volunteers keep our children safe, out of trouble and is a vital function in any
community. We don't ever want to be construed as trying to diminish that and the efforts of
all the parents and volunteers who make all of our leagues so viable. He has heard of
problems from parents and volunteers before about other sports leagues within our
community as we have made changes and improvements over the years and he has never
experienced a situation that Mr. Warner was unable to resolve or work out satisfactorily,
which unfortunately may not be satisfactory for everyone. He has always done a good job at
resolving these issues for the majority of the people who participate in these programs. Mr.
Warner did not say that there would not be youth football in Tamarac and he is as committed
as you are to youth sports as his own children participate in youth sports leagues. City
Manager Cernech said he is certain that we will be able to resolve this issue with the league
in a manner that allows us to continue to have youth football in Tamarac and Mr. Warner will
be in touch with the league to begin to resolve this issue. Lastly, it is not often that we have
so many people come to these meetings and bring so much positive energy with them and
complimented everyone for the positive way that they presented themselves and for the
support that they have shown for one another and the football program and most importantly
for their children.
Mayor Talabisco recessed the meeting at 8:50 p.m. and resumed the meeting at 9:03 p.m.
with all present as before.
Mayor Talabisco continued with Public Participation: Dr. Marcia Becker, 8258 Cassia Terr.,
asked for TR12289 to be tabled and spoke of possible negative effects it could have on
Woodmont. Dr. Becker submitted various documents to the Interim City Clerk which are on
file in the City Clerk's Office; Steve Buck, 4508 King Palm Drive, spoke of the coyote problem
in the Woodlands; George Stroker, 5504 Water Oak PI.; was opposed to the return of
Commissioner Atkins -Grad to the Commission; Melissa Anderson representing Crown Castle
spoke about item No. 7 (a) on the Regular Agenda TR12295 - Zoning in Progress —
Installation of Wireless Communication Facifitv ; Patti Lynn -6411 NW 50th St., spoke of BSO,
the Cougar football league and was opposed to the return of Commissioner Atkins -Grad to
the Commission; Anthony Epifanio, 7526 Granville Dr., spoke of the purchase of Colony West
Country Club by the City; Bob Storch, 4622 NW 45th Court, talked about traffic concerns on
Commercial Blvd.; Bill Hardy, 8074 Buttonwood Ln., spoke in opposition to TR12289 and
proposed bikelane; Judy Margolis, 4704 Queen Palm Ln., opposed the return of Commission
Atkins -Grad to the Commission; Sharon Aaron Baron, 4709 Woodland Blvd., opposed the
return of Commissioner Atkins -Grad to the Commission and Jaemi Levine, 2461 NW 95th
Ave., supported Commissioner Atkins -Grad return to the Commission.
Page 5 of 9 REGULAR COMMISSION MEETING January 9, 2013
With no one else wishing to speak, Mayor Talabisco closed Public Participation.
6. CONSENT AGENDA: Mayor Talabisco asked City Manager Cernech if there were any
additions/changes to the Consent Agenda. City Manager Cernech said Item 6 (d) TR12296
has been amended to reflect the appointment of Harry Dressler to serve as Vic Mayor until
November 2013. Commissioner Bushnell seconded by Commission Atkins- rad moved
approval of the Consent Agenda with Item 6 (d) TR12296 as amended. M tion passed
unanimously (5-0).
a. APPROVAL OF THE DECEMBER 12, 2012 REGULAR COMMISSIOI
MINUTES
APPROVED
MEETING
b. TR12289 - Awarding Bid No. 12-07B to and approving an Agreement with Kailas, Corp.,
for the Tamarac Bikeway/Walkway System Project — Phase 2: A Resolution of the City
Commission of the City of Tamarac, Florida, awarding Bid No. 12-07B to and pproving an
Agreement with Kailas, Corp., for the Tamarac Bikeway/Walkway System Proje t — Phase 2,
beginning at McNab Road heading north on NW 70th Avenue; continuing westward on NW
82nd Street and including NW 71 st Avenue; continuing west on NW 82nd Avenue and
crossing University Drive; then heading south on NW 80th Avenue to McNab Road, in
accordance with Bid No. 12-07B for a contract amount of $1,395,734.00; a contingency in the
amount of $104,266-00 will be added to the project account, for a total project budget of
$1,500,00.00; authorizing an expenditure from the appropriate accounts; autho izing budget
amendments for proper accounting purposes; providing for conflicts; providing for
severability; and providing for an effective date.
RESOLUTION R-2013-01
c. TR12287 -Approving Amendment #10 to Agreement with Ronald L. Book
Services A Resolution of the City Commission of the City of Tamarac, Floric
Amendment #10 to the Agreement between the City of Tamarac and Ronald L
for Lobbying
a; approving
Book, P.A.,
for lobbying services, extending the agreement through January 26, 2014, at cost not to
exceed fifty-nine thousand four hundred dollars ($59,400.00) per year; authorizing the
appropriate city officials to execute the Amendment to the Agreement for lobbying services;
providing for conflicts; providing for severability; and providing for an effective da e.
RESOLUTION R-2013-02
d. TR12296 - Selection of Vice Mayor: A Resolution of the City Commission
Tamarac, Florida, appointing Harry Dressler to fill the vacancy in the position (
pursuant to section 4.03 of the City Charter; providing for conflicts; providing f
and providing for an effective date.
RESOLUTION R-2013-03
e. TR12294 - Applebee's Special Extended Hours Permit: A Resolution
Commission of the City of Tamarac, Florida, granting approval of a Special Ex
Permit, requested by George W. Werden, representative of Applebee's Neighbi
Bar in the Washington Mutual Plaza, located at 6005 North University Drive,
)f the City of
Vice Mayor,
r severability
of the City
;nded Hours
rhood Grill &
) extend the
Page 6 of 9 REGULAR COMMISSION MEETING January 9, 2013
hours of the on -premise sale and consumption of alcoholic beverages on Sundays, beginning
at 11:00 a.m. (Case No. 26-MI-12); providing for conflicts; providing for severability; and
providing for an effective date.
RESOLUTION R-2013-04
7. REGULAR AGENDA:
a. TR12295 - Zoning in Progress - Installation of Wireless Communication Facility: A
Resolution of the City Commission of the City of Tamarac, Florida, confirming and ratifying
the City Manager's Amended Administrative Order dated December 19, 2012 declaring
Zoning In Progress and Prohibiting the Issuance of Building Permits, Engineering Permits, or
development Orders for the communications facility as defined under Section 365.172,
Florida Statutes, in any public rights -of- way or in any residential zoning district within the City
of Tamarac, Florida; authorizing and directing the City Manager to undertake study and
review of the City's regulations regarding the same; providing that upon the adoption of this
Resolution no permits shall be issued within the affected areas during the time period
covered by this Resolution; providing for conflicts; providing for severability; and providing for
an effective date. City Attorney Goren read TR12295 by title into the record. Vice Mayor
Dressler seconded by Commissioner Bushnell moved approval of TR12295. Vice Mayor
Dressler asked for clarification of the item. City Attorney Goren responded that Ms. Anderson
who made a presentation during public participation represents Crown Castle who has
sought application status with regard to the city's review of her client's interest in locating
certain sites within the city for telecommunications facilities. Any documents which were
referred to are now part of the record which will be reviewed by staff in the event the
Commission ratifies this resolution. This simply says we are going to take some time out and
review the matter and allow for city staff to review and evaluate what is being asked for, not
just for this applicant, but for any other applicant that may seek access to public rights -of -way
for these kinds of telecommunications facilities. The objective of this is that third parties have
offered their assistance, guidance and their points of view which will be considered during
this period of time. Vice Mayor Dressler said this is procedural and is not specific to the
merits of anyone who may want to have further discussion. Commissioner Bushnell asked if
Ms. Anderson will have due process and be able to speak to this item and Mayor Talabisco
responded no. City Attorney Goren clarified that this was not a public hearing item and Ms.
Anderson was advised of this earlier and was given an opportunity to speak during public
comment. Whatever rights she sought to preserve on behalf of Crown Castle have been
preserved and whatever data, docume-nts, background materials she sought to have staff
review, among others that might be submitted by other third party interested parties, are also
part of the record.
Motion passed unanimously (5-0)
RESOLUTION R-2013-05
8. ORDINANCE(S) -FIRST READING: There were no Ordinance(s) —First Reading items
scheduled for this meeting.
9. PUBLIC HEARING(S): There were no Public Hearing(s) items scheduled for this meeting.
Page 7 of 9 REGULAR COMMISSION MEETING January 9, 2013
10. ORDINANCE(S) - SECOND READING:
a. T02267 - School Special Exception Code Amendment: An Ordinance
Commission of the City of Tamarac, Florida, to amend the regulations pertaining
schools by specifically amending Chapter 24, "Zoning," of the Code of Ordinanc(
of Tamarac, Florida; providing for codification; providing for conflicts; I:
severability; and providing for an effective date. City Attorney Goren read T0226
the record. Vice Mayor Dressler seconded by Commissioner Atkins -Grad move(
T02267 on second reading.
Mayor Talabisco opened the public hearing and with no one wishing to spe
public hearing.
01 PASSED ON FIRST READING DECEMBER 12, 2012
PASSED ON SECOND READING JANUARY 9, 2013
ORDINANCE 0-2013-01
11. QUASI-JUDICIAL HEARING(S):
Mayor Talabisco said since TR12290 and TR12291 are companion items
Goren would read both titles into the record; however, both items would
separately.
a. TR12290 - Bank United at Midway Plaza Special Exception: A Resolutior
Commission of the City of Tamarac, Florida, approving a Special Exception to
operation of a bank with a drive -through facility to be located within an existini
building in Midway Plaza, 5819 North University Drive (A portion of Parcel "A
Plaza" according to the plat thereof as recorded in Plat Book 126, page 14
records of Board County, Florida)(Case No 9-Z-12); providing for conditions
providing for conflicts; providing for severability; and providing for an effective dal
b. TR12291 - Bank United at Midway Plaza Major Revised Site Plan: A Resoluti(
Commission of the City of Tamarac, Florida, issuing revised Development Ordi
and granting Major Revised Site Plan approval to allow for a modification tc
stand-alone building for a Bank United Financial Institution with a drive-thr
located in the Midway Plaza at 5819 North University Drive (A portion of F
"Midway Plaza" according to the plat thereof as recorded in Plat Book 126, pa
public records of Board County, Florida)(Case No. 21-SP-12); providing 1
providing for severability; and providing for an effective date.
of the City
to the use of
s of the City
roviding for
7 by title into
approval of
closed the
ity Attorney
e voted on
of the City
allow for the
1 standalone
of "Midway
A the public
of approval;
n of the City
r No. 176.3
an existing
)ugh facility
arcel "A" of
ie 14 of the
or conflicts;
City Attorney Goren read TR12290 and TR12291 by title into the record. Commissioner
Bushnell seconded by Commissioner Glasser moved approval of TR12290. Vice Mayor
Dressler seconded by Commissioner Bushnell moved approval of TR12291. ity Attorney
Goren went over the Quasi -Judicial proceedings and Interim City Clerk Teuf
ell swore in all
stakeholders.
Planning
& Zoning
Manager Frank ZlCkar appeared and gave a
Carlos
Balbe
appeared
on
behalf
of
the applicant.
resentation.
Page 8 of 9 REGULAR COMMISSION MEETING January 0, 2013
Mayor Talabisco opened the public hearing: Joel Davidson, 4608 Norfolk Island Pine Drive,
asked if there would be an ATM and Mr. Balbe responded yes in the drive thru lane. Interim
City Clerk Teufel, swore in Jeanette Eschenbrenner, 7309 NW 57th Place, who questioned
the type of palm trees that would be planted and Planning & Zoning Manager Zickar
responded that there would be a combination of various high quality palm trees planted. With
no one else wishing to speak, Mayor Talabisco closed the public hearing.
Motion passed unanimously (5-0) on TR12290 - Bank United at Midway Plaza Special
Exception
RESOLUTION R-2013-06
Motion passed unanimously (5-0) on
Site Plan.
RESOLUTION R-2013-07
12. OTHER:
TR12291 - Bank United at Midway Plaza Major Revised
There being no further business to come before the City Commission, Mayor Talabisco
adjourned the meeting 10:03 p.m.
Beth Talabisco,
Patricia Teufel, q
Interim City Clerk
ayo r
Page 9 of 9 REGULAR COMMISSION MEETING January 9, 2013
I
ATIONS-GRAD STATEMENT BY COMM. HARRY DRESSLER
"I HAVE A STATEMENT WHICH IS DIRECTED THROUGH THE CHAIR.
I BELIEVE THIS TO BE PROCEDURALLY CORRECT. I DO NOT SEEK
ARGUMENT AND I DERIVE NO PLEASURE IN THIS. QUITE TO THE
CONTRARY I AM EMOTIONALLY DISCOMFORTED BUT MY COMMENTS
TONIGHT ARE SADLY AND SIMPLY NECESSARY.
J
NOW THAT THE CRIMINAL PHASE OF THE CHAIT POLITICAL CORRUPTION
CASE IN COMM ATKINS-GRAD' S CASE IS CONCLUDED, THE ETHICAL
ISSUES RAISED MUST BE ADDRESSED.
NOW IS MY FIRST OPPORTUNITY TO DO SO.
IT IS UNFORTUNATE THAT I AM COMPELLED TO SPEAK OUT ON AN ISSUE
THAT IN AN IDEAL WORLD WOULD HAVE BEEN RESOLVED DISCRETELY
THROUGH PRIVATE CONVERSATIONS BETWEEN APPROPRIATE CITY STAFF
AND COMMISSIONER ATKINS-GRAD.
SUCH A RESOLUTION WOULD HAVE SAVED ALL INVOLVED THE
EMBARASSMENT AND UNPLEASANTNESS OF HAVING TO DO SO IN A
PUBLIC FORUM. THIS IS NO REFLECTION UPON CITY STAFF WHO I HOLD IN
THE HIGHEST ESTEEM.
REGARDING COMM. ATKINS-GRAD, ACCEPTING MONIES FROM A PARTY
INVOLVED IN CITY BUSINESS PRIOR. TO A COMMISSION VOTE REQUIRES A
FULL DISCLOSURE OF SUCH IN ACCORDANCE WITH Chapter 112, F.S., the State
Ethics Code. THIS ETHICS CODE REQUIRES SUCH DISCLOSURES IN ORDER. TO
AVOID CONFLICTS OF INTEREST AND/OR. THE APPEARANCE OF SUCH
CONFLICTS.
IN THE RECENT CRIMINAL CASE OF NOW REINSTATED COMM. ATKINS
GRAD, THE DEFENSE STIPULATED TO THE ACCEPTANCE OF MONIES BY
COMM. ATKINS-GRAD FROM THE CHAITS,
IN MY OPINION, THAT COMM. ATKINS-GRAD DID NOT DISCLOSE SUCH
SELF -ENRICHING PECUNLAA RY BENEFITS CONSTITUTES A MATERIAL
BREACH OF Chapter 112, F.S. as noted, AS WELL AS ACCEPTED PROFESSIONAL
STANDARDS OF FIDUCIARY DUTY.
IN THIS CASE, THE DUTY IS OWED TO THE RESIDENTS OF THE CITY OF
TAlVIARAC WHO PLACE THEIR. TRUST IN THOSE THEY ELECT.
THE ISSUE TONIGHT IS NOT THE MONEY RECEIVED PER SE BUT THE
FAILURE TO PUBLICLY DISCLOSE MATERIAL FACTS THAT WOULD HAVE
OR. SHOULD HAVE DISQUALIFIED COMM. ATKINS-GRAD FROM VOTING ON
ANY ISSUES PERTAD41NG TO THE CHAITS AND ANY DEVELOPMENT
APPLICATION RELATED DIRECTLY TO THEM.
THE PERSONAL RELATIONSHIP BETWEEN THE COMMISSIONER AND THE
CHAITS SHOULD ALSO HAVE BEEN DISCLOSED AND WOULD HAVE OR
SHOULD HAVE ACTED AS ANOTHER DISQUALIFICATION FROM HER
VOTING.
THESE ARE SIGNIFICANT ETHICS ISSUES THAT CAN NEITHER BE
OVERLOOKED NOR GO UNCHALLENGED.
AS DISTURBING AS THIS ANALYSIS IS, FOR COMM. ATKINS-GRAD TO
REMAIN ON THIS CITY COMMISSION REPRESENTS, IN MY OPINION, A
CONTINUING MORAL HAZARD. L AND LIKE MINDED PEOPLE, WILL
CONTINUE TO QUESTION THE INTEGRITY OF HER ACTIONS.
COMM. ATKINS-GRAD MAY HAVE, ESCAPED CR1 41NAL CONVICTION. SHE
SHOULD NOT ESCAPE THE CONSEQUENCES OF HER CLEARLY UNETHICAL
AND NEGLIGENT BEHAVIOR. I REFER. TO NEGLIGENCE REGARDING HER
FAILURES OF FIDUCIARY DUTY TO THIS CITY.
I, THEREFORE, AM OFFICIALLY ASKING COMM. ATKINS-GRAD TO DO THE
RIGHT THING AND RESIGN HER MUNICIPAL OFFICE FOR THE SAFE OF ALL
TAMARAC RESIDENTS, AS WELL AS FOR THE SAKE OF THE EMPLOYEES OF
THIS CITY WHO ARE UNJUSTLY PAINTED WITH THE SAME BRUSH.
INCOMPETENCE IS NO DEFENSE AGAINST UNETHICAL ACTIONS
THE RESIGNATION SHOULD BE IMMEDIATE OR WITHIN A REASONABLE
TIME FRAME IN WHICH THE COMMISSIONER CAN CONSULT WITH CITY OR
OTHER. COUNSEL, AS WELL AS FINALIZE ANY MONIES LEGALLY DUE HER
BY THE CITY UNDER STATE LAW, SPECIFICALLY Ch. 112, F.S., the State of
Florida Ethics Code, GIVEN HER. ACQUITAL IN THE CR1MINAL PHASE OF THIS
ISSUE.
THANK. YOU."
FORM 86 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY., MUNICIPAL. AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME —FIRST NAME --MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
Talabisco, Beth City Commission
MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
5215 white Oak Lane WHICH I SERVE 1S A UNIT OF:
CITY COUNTY [ZICITY ❑ COUNTY []OTHER LOCAL AGENCY
Tamarac Broward NAME OF POLITICAL SUBDIVISION:
City of Tamarac
DATE ON WHICH VOTE OCCURRED MY POSITION IS:
January 9, 2013 El ELECTIVE APPOINTIVE
WHO MUST FILE FORM 88
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. 163.3516 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 "businessassociate" 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 INTENDTO 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)
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 hereb disclose that on January 9 2D 13
v
i 1 ..........__•
(a) A measure came or will come before my agency which (check one)
�✓ 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:
.accordance wi h ire ire
On January 9, 2013, the City of Tamarac City Commission, In with the qu menu
of law, voted on the entitlement of the reimbursement of attorney's fees ,for the defense of
Commissioner Patricia Atkins-Grad's criminal matter. The subject matter of Commissioner
Atkins-Grad's criminal charges is related to the dismissed criminal charges previously filed
against me, which are now on appeal. The matter before the City Commission constituted an
appearance of a conflict under Section 286.012, F.S.; and, l abstained from voting on the matter.
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 $101000.
CE FORM 813 - EFF.1/2000 PAGE 2
FORM 813 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME —FIRST NAME —MIDDLE NAME I NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
Atkins -Grad Patricia City Commission
MAILING ADDRESS
5903 Blue Beech Place
CITY COUNTY
Tamarac Broward
DATE ON WHICH VOTE OCCURRED
January 9, 2013
THE BOARD, COUNCIL,, COMMISSION, AUTHORITY OR COMMITTEE ON
WHICH i SERVE IS A UNIT OF:
WCITY j,,,, COUNTY
NAME OF POLITICAL SUBDIVISION:
City of Tamarac
MY POSITION IS:
ELECTIVE
WHO MUST FILE FORM 813
LOCAL AGENCY
APPOINTIVE
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 goverment 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 influencethe decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
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 OP LOCAL OFFICER'S INTEREST
I Patricia Atkins -Grad hereb disclose #hat on January 9 20 13
> Y 6
(a) A measure came or will come before my agency which (check one)
✓ 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:
On December 11, 2012, 1 was acquitted by a jury of all criminal charges filed against me by the
State Attorney's Office. On January 9, 2013, the City of Tamarac City Commission, in
accordance with the requirements of law, voted on the entitlement of the reimbursement of
attorney's fees for the defense of the criminal matter. This matter would inure to my special
private gain or loss and, therefore, I abstained from voting on the matter.
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 8B - EFF. 1 /2000 PAGE 2