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Home My WebLink About2013-01-23 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING WEDNESDAY, JANUARY 23, 2013 CALL TO ORDER: Vice Mayor Dressler called the regular meeting of the City Commission to order at 9:05 a.m. on Wednesday, January 23, 2013 in City Commission Chambers, Tamarac City Hall, 7525 NW 88 Avenue, Tamarac, FL 33321. ROLL CALL: Vice Mayor Harry Dressler, Commissioner Pamela Bushnell, Commissioner Patricia Atkins -Grad and Commissioner Diane Glasser were in attendance. ABSENT: Mayor Beth Talabisco Also in attendance were City Manager Michael C. Cernech, City Attorney Samuel S. Goren and Interim City Clerk Patricia Teufel. PLEDGE OF ALLEGIANCE: Vice Mayor Dressler led the Pledge of Allegiance. 1. PROCLAMATIONS AND PRESENTATIONS: Presentation of a check by the Mayor, City Commission and Employees of the City of Tamarac, in the amount of $28,000 to the United Way of Broward County, representing the City of Tamarac's 2012 Employee Campaign total. Accepting on behalf of the United Way Kathleen Cannon, President/CEO. (Requested by Public Information & Media Specialist Elise Boston and Assistant Fire Chief Jeff Moral) b. Presentation to the Mayor and Commission of a Certificate of Appreciation by Nina Corbe, Senior Community Development Associate of the Broward Outreach Center. C. Presentation of a Proclamation by Mayor Beth Talabisco proclaiming Firefighter Dan Mariano as "2013 Firefighter of the Year". (Requested by Fire Chief Mike Burton) d. Presentation of a Proclamation by Mayor Beth Talabisco proclaiming February 1, 2013 as "National Wear Red Day" and the month of February 2013 as "American Heart Month" (Requested by Mayor Beth Talabisco) e. Presentation by Mayor Beth Talabisco of employee service awards: 5 - Year Awards: Jarvis Chance, Groundskeeper I, Public Services; Ryan Brown, Water System Operator I, Public Services; Christopher Lyle, Utilities Service Worker, III, Public Services; Richie Gelabert, Technical Support Representative III, Information Technology 10 -Year Award: Gregory Warner, Director of Parks & Recreation, Parks & Recreation 15 - Year Awards: Tessie Gross, Accountant II, Financial Services; Bonnie Rapp, Office Specialist, Public Services 20 - Year Awards: Charles Guidetti, Senior Tradesperson, Public Services; William Franqui, Water Conservation Specialist, Public Services; Kerrick Wiggans, Mechanic II, Public Services Page 1 of 6 REGULAR COMMISSION MEETING January 23, 2013 25 - Year Award: Gary Loney, SCADA System Specialist, Public Services 2. CITY COMMISSION REPORTS: a. Commissioner Bushnell: Read a statement into the record which is attached hereto and incorporated herein. b. Commissioner Atkins Grad: Read a statement into the record which is attached hereto and incorporated herein: c. Commissioner Glasser: Attended the Aging Disability Resource meeting on ThursdaX where she was selected to serve as Vice Chair for the next year. On January 18t Commissioner Glasser attended the swearing in ceremony for newly elected Judges and was proud to announce that Ari Porth, who was Tamarac's former legislator, was sworn in as a Judge and it was a pleasure to see someone who is so deserving of that position sworn in. d. Vice Mayor Dressler: Said he, as well as other Commission members, received emails regarding objections to Commission Atkins -Grad representing the City at organizational events and asked City Goren to comment on the objections to clarify it for everyone. City Attorney Goren said that to the extent that you and others have a similar right and responsibility as public officials to attend public meetings or events that occur, in which the public is otherwise invited, Commissioner Atkins -Grad bears the same relevance that the rest of the Commission does in that regard. However, this Commission has a rich history of — assigning, by delegation or by specific authority, members of the Commission to serve on particular Boards or Committees. As an example Commissioner Glasser is a member on the Broward League of City's Board of Directors, which is a specific board assignment that she has and attends on a regular basis. Last year she also served on a Committee governing ethics which helped draft the County Ethics Code that became effective January 2012. Vice Mayor Dressler has been a member of the MPO for a number of years where he has been delegated the authority for certain very specific allocated services and this is where the Commission has aligned itself with specific delegated relationships. City Attorney Goren said if the meeting is a public meeting Commissioner Atkins -Grad, like everyone else, can attend. But for the purposes of speaking for the City, and the Commission does get to speak on behalf of Tamarac when you attend those meetings, there are instances where items come back to the Commission for consideration and approval that is your job as well. So from that perspective you can dichotomize between general public attendance and those that require specific delegated authority for an express purpose. Other than that, however, Commissioner Atkins -Grad bears the same responsibility and obligations that the rest of the Commission has on a day to day basis. Vice Mayor Dressler spoke of other forms of government and in Europe there is a concept where you have an individual who gets enough votes to get elected but they don't have the full support of either their constituents or colleagues. They are not delegated to direct governmental responsibilities, they can represent themselves, but they are considered to be "ministers without portfolios". Vice Mayor Dressler said that as long as he remains on the Commission, Commissioner Atkins -Grad, unless she resigns, will never have his vote to Page 2 of 6 REGULAR COMMISSION MEETING January 23, 2013 represent Tamarac and considers her a "minister without a portfolio" and urged the other Commissioners to do the same. Vice Mayor Dressler asked City Attorney Goren to explain the technicalities of the recall process which he understands has begun. City Attorney Goren explained in great detail the recall process and what the responsibilities are for the individuals who are circulating the recall petition and for the City. This process is outlined in City Attorney Goren's memo No. 2013-020 which is attached hereto and incorporated herein. Vice Mayor Dressler said he asked Commissioner Atkins -Grad to do the right thing and resign and asked City Attorney Goren to explain the procedures should Commissioner Atkins -Grad decide to resign. City Attorney Goren said that on June 25, 2010 the Commission was provided with a memo dealing with the subject matter of Commissioner Atkins -Grad then suspension by the Governor on June 24, 2012. The memo discussed the series of issues that related to how we are where we are today and how the process evolved over time. At that time the Commission filled that seat temporarily with what is called a temporary vacancy. Commissioner Gomez served in that capacity during Commissioner Atkins -Grad suspension. Tamarac's Charter, Section 4.05(c), essentially says that in the event that there would be a resignation by the Commissioner it would be called an irrevocable resignation, which would create a permanent vacancy and the Commission would then have a legal opportunity to make an appointment to fill that seat for the balance of the term remaining for Commissioner Atkins -Grad. City Attorney Goren responded to questions and concerns from the Commission regarding the payment legal fees incurred by Commissioner Atkins -Grad pre and post trial. Vice Mayor Dressler said that he yielded the floor during his Commission report to Commissioner Bushnell and will now give his report and said that these three points were also discussed yesterday and they are relevant and unfortunate. Vice Mayor Dressler said that he had a discussion with City Attorney Goren that he would not comment in any personal way unless he was subjected to a personal attack. He now finds himself the victim of an attack on his integrity and said that Commissioner Atkins -Grad took the money, did not deny it at trial, took it for personal gain and lied to everyone about the purchase of the BMW. Vice Mayor Dressler said Commissioner Atkins -Grad will not escape the wrath of the rest of the Commission who believe that her behavior represents the pinnacle of unethical and inappropriate behavior. e. Mayor Talabisco: Absent 3. CITY ATTORNEY REPORT: City Attorney Goren had no report 4. CITY MANAGER REPORT: Said that Mayor Talabisco asked him to let everyone know that Jack had a routine medical procedure earlier this week and she is getting ready to bring him home as everything went well. City Manager Cernech said the Mainlands Park ground breaking ceremony and movie will take place on Friday, January 25th starting at 5:00 p.m. The movie being shown is Charade, Page 3 of 6 REGULAR COMMISSION MEETING January 23, 2013 which was filmed in 1963, will be starting approximately 6:00 p.m. The showing of Charade is in celebration of Tamarac's 50th year anniversary. Also the Parks & Recreation Foundation, is holding a bowling tournament fund raiser at 6:00 p.m. on Thursday, February 7th at Tamarac's Sawgrass Lanes. The cost to participate is $40.00 per person and all proceeds will benefit the Foundation. For additional information please contact Carole Courtney, Foundation Chair, at 954-722-9605. City Manager Cernech invited everyone to attend the next Concert in the Park on Tuesday, February 22"d from 7:00 p.m. to 9:00 p.m. at the Tamarac Sports Complex. Music will be provided by the Fabulons, who provide a wide variety of music. Food trucks will also be on site offering a wide variety of food. 5. PUBLIC PARTICIPATION: Vice Mayor Dressler opened Public Participation: Patti Lynn 6411 NW 58th St., spoke of various items and expressed her opposition to Commission Atkins-Grad's return to the Commission; George Stroker, 5504 Water Oak Place, spoke in opposition to Commission Atkins -Grad return to the Commission; Mitch Ceasar, Lobbyist for SunBergeron, Plantation, asked for item 6(e) TR12304 be pulled from the Consent Agenda for discussion; and Charlie Jenkins, 4519 Monterey Drive, spoke in opposition to the Palm Cover Project. 6. CONSENT AGENDA: Vice Mayor Dressler asked City Manager Cernech if there were any additions/changes to the Consent Agenda. City Manager Cernech said there were no — additions/changes to the Consent Agenda. Commissioner Glasser seconded by Commissioner Atkins Grad moved approval of the Consent Agenda as presented. Motion passed unanimously (4-0). a. Approval of the January 9, 2013 Regular Commission Meeting Minutes APPROVED b. TR12301 - Chamber Health & Wellness Expo - In -kind Support and Waiver of Fees: A Resolution of the City Commission of the City of Tamarac, Florida, approving a request from the Tamarac Chamber of Commerce for in -kind support and to waive fees for the Preventative Health and Wellness Expo Event to be held at the Tamarac Community Center on Saturday, February 23, 2013, from 9:00 a.m. to 12:00 p.m.; providing for permits, proper insurance, and execution of a hold harmless agreement; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R2013-08 c. TR12297 - Sabal Palm Amended Declaration of Restrictive Covenants: A Resolution of the City Commission of the City of Tamarac, Florida, approving the request of Siegel, Lipman, Dunay, Shepard and Miskel, LLP on behalf of SPL Holdings, LLC and SPL South Holdings, LLC to amend the declaration of Restrictive Covenants for Sabal Palm as recorded in the official record book 44460, Page 1653 (Case No. 1-MI-13); providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R2013-09 Page 4 of 6 REGULAR COMMISSION MEETING January 23, 2013 d. TR12298 - Approve Change Order for the Colony West Clubhouse Roof Replacement Project: A Resolution of the City Commission of the City of Tamarac, Florida, approving Change Order Number 1 to the Agreement Roofing Concepts Unlimited/Florida Inc. for the replacement of the roofing system at the Colony West Clubhouse Building located at 6800 NW 88th Avenue not to exceed $52,401; authorizing the appropriate City Officials to execute Change Order Number 1; authorizing an advance of $25,000 from Fund 310 Capital Projects Fund; authorizing an appropriation of $25,000; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R2013-10 e. TR12304 - Approving an Interlocal Agreement With Broward County and Participating Communities Providing for Solid Waste Disposal Support Services A Resolution of the City Commission of the City of Tamarac, Florida, approving an Interlocal Agreement with Broward County and participating Communities providing for Solid Waste Disposal Support Services; authorizing the appropriate City Officials to execute said agreement and take all steps necessary to effectuate the intent of the Resolution; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R2013-11 7. REGULAR AGENDA: There were no regular agenda items scheduled for this meeting. 8. ORDINANCE(S) - FIRST READING: a. T02270 Firefighter Pension Plan Amendment: Adopt an Ordinance of the City Commission of the City of Tamarac, Florida, amending Chapter 16, Pensions and Retirement, Article VI Firefighter Pension Plan; amending the definition of "average final compensation" in Section 16-401 of the Plan to exclude other non-taxable reimbursement, leave payments other than at separation, and overtime in excess of 300 hours per year; amending Section 16-408 to increase participant contributions from 9 percent to 10 1/2 percent of total cash remuneration paid for services; amending Sections 16-462, 16-467, 16-470, and 16-489, providing for eight (8) vesting credits for participants hired on or after January 1, 2013; amending Section 16- 468 to lower the interest paid on a return of participant contributions from 5 percent to 2.5 percent; amending Sections 16-496 and 16-497 providing for changes in disability retirement benefits in accordance with disability benefits provided for in the Florida Retirement System; amending Section 16-501 correcting for previous scrivener's error by adding the word "compensation"; amending Section 16-503 increasing pension COLA start date from 3 years to 5 years after January 1st of retirement date for participants that retire on or after June 1, 2013; providing for a savings clause; providing for codification; providing for conflicts; providing for severability and providing for an effective date. City Attorney Goren read T02270 by title into the record. Commissioner Bushnell seconded by Commissioner Glasser moved approval of T02270 on first reading. Motion passed unanimously (5-0) PASSED ON FIRST READING JANUARY 23, 2013 9. PUBLIC HEARING(S): There were no Public Hearing items scheduled for this meeting. Page 5 of 6 REGULAR COMMISSION MEETING January 23, 2013 10. ORDINANCE(S) - SECOND READING: There were no Ordinances — Second Reading items scheduled for this meeting. 11. QUASI-JUDICIAL HEARING(S): a. TR12292 - Palm Cove Major Revised Site Plan: A Resolution of the City Commission of the City of Tamarac, Florida, issuing Revised Development Order No. 338.2 and granting Major Revised Site Plan approval with conditions to allow for the development of the Palm Cove property through structural and architectural modifications and landscaping improvements for the proposed use of sixty-one (61) single-family homes and one hundred and sixty-four (164) townhomes, replacing the previously approved forty-eight (48) single family homes and one hundred and eighty-four (184) townhomes located in all of the Plat of Monterey by Prestige, according to the Plat thereof, as recorded in Plat Book 178, Page 119, of the Public Records of Broward County, Florida. Less and except Tract "D" and "E" thereof, subject to dedications as contained on said Plat of the Public Records of Broward County, Florida (Case No. 20-SP-12); providing for conflicts; providing for severability; and providing for an effective date. City Attorney Goren read TR12292 by title into the record. Commissioner Bushnell seconded by Commissioner Glasser moved approval of TR12292. City Attorney Goren went over the Quasi -Judicial proceedings and Interim City Clerk Teufel swore in all stakeholders. Community Development Director Jennifer Bramley appeared and gave a presentation. Dick Coker, Esquire, appeared on behalf of the applicant. Vice Mayor Dressler opened the public hearing and the following individuals expressed their — concerns and/or opposition to the Palm Cover Project: Bob Malkoff, 4722 NW 44th Ct.; Cynthia Baker, 4621 NW 451h Ct.; Steven Harkner, 4804 NW 47th Terr. and Michael Taylor, 4952 NW 48th Ave. With no one else wishing to speak, Vice Mayor Dressler closed the Public Hearing. City Manager Cernech and City Attorney Goren responded to questions and concerns from the Commission. Motion passed unanimously (4-0) RESOLUTION R2013-12 12. OTHER: There being no further business to come before the City Commission, Vice Mayor Dressler adjourned the meeting at 11:37 a.m. Harry Dressler, Vice, Mayor Patricia Teufel, C�Jj Interim City Clerk �f Page 6 of 6 REGULAR COMMISSION MEETING January 23, 2013 - 1/23/13 Submitted by Pamela Bushnell, Commissioner The 10 Commandments, the Golden Rule, Logic, Common Sense and Honesty are all motivations and goals that have served history well. None of those attributes seem to apply when talking about the Corruption & Bribery trial of Patricia Atkins - Grad. I truly believe in our system of justice and can even entertain some appreciation of how a jury could arrive at a "not guilty" verdict given the caliber of the witnesses for the prosecution. What I simply cannot understand is how a person whose own lawyer declared her politically naive, who never denied taking gifts from a developer, who did not report these gifts as is ethically and legally required, who declared her own incompetence and medical incapacity... can now think of returning to this commission believing it will be "business as usual". Ms. Atkins -Grad can verify that she has entered my office, without invitation, since her return and tried to close the door as she wanted a "private" conversation. It was amazing to me that she had totally forgotten that we are a Sunshine State and not allowed to conduct any business in City Hall behind closed doors. She then proceeded to tell me that, and I quote, "we couldn't stand the sight of each other 2 1/2 years ago but she was not going away and I could just deal with it" I am perfectly comfortable with hearing how Ms. Grad felt about me but do not think she has the right to state how I might have felt about her. I do appreciate her giving me the "go ahead" to deal with it and am doing so just now. Commissioner Grad, it is beyond my comprehension how you can sit meeting after meeting just grinning at whoever is speaking against you and think that that is acceptable. It just makes me think you don't understand the gravity of the situation. Given the fact you will receive the monies due to you under the law, if you care anything about the City of Tamarac and its future, please do the right thing by resigning your position immediatelysg �vC�0U� L�ihS�� I v Ct1� i mentioned last meeting that € was eager to return to my Cluties as a commissioner and these past €env weeks have been good for re - acclimation. There was oni u nne eupnt—thy installatinn ginner for the Council' T"D r gE a U'Disaab iiity teat € ,p }- ar€ A a--o so i as Me to usefully spend 6�4r4 Le_ getting tt u gs oget ter Unfortunately the hope that i expressed last session that .m,i being found innocent of any wrongdoing. by a fury that heard aft the evidence again : s e astoull ud € lose the Issue, € €as proved not, t s Uc: €Pc Cc_c. o'cu,€ly, most of it stems from incorrect reporting of the faits �^d e_vIGence that was presented in court and therefore is based on quicksand. l will not, YY hlsihsi -r take up iih??> t-*-^ discussing these s-s�.ir.#r h� nt#�.s�rt� #�h OM-C-'e:It BLS C Up YOU. .>>::e GISCUSS1.:0 UIE_5� €j%j,s1%,: i. cmvut::(S: .W correct the record as 1 do n t believe that facts Would change anyone's oPfnion. The rumorrnongers and :vwssirjerrs are not in erested in truth, k f ref r r�rslia in fib. it r�sasn rt��r4-aC L•�L f Qif fS E,SL fi fi L tf Leff '.SYYt f�e_ LES�� comments rd ott e'r hand, i {r''S#n (ant #-n r,-<n^nrt tri Vrrn flea v ew nr AcdPr,'c -iro -3-met-1 s from this -imajs -ia—C. . Meeting itt�.. which ft�, t d that It ,.onsi lr re -signing --Well, Vice Mayor Dressler, I did 1 3fnk about #t. and all you lead to say--- and f firmiv rQ er-t your suggestion i Pora13y, of Cor f- ; mere are no &roorI0�' _UrIEI NO3'tbe3'e any i�ait.. 1c, e r,^� r ♦♦.��.,, p�.''�'�y: P.i �Wr...`{ r, .., rd�r tt(...f s, t. j'' �.... a t�,.d s.t `_f a f[w }� 'j'�,. �w.r ..L ).�1c,aI o ?flVf a.i gI a.,s.0 f, �U-1 s. f ou LII Is.i de, ra L.I. oriJ �+.nd.ha.��c .pJ e=.,�r�ises sag c sz�, Wised o^n fact, ar?r` o� that '�� =^'3e ` -'e ct yam+- c€�clUs-1-ons. Stet even if you were to argue that perception is in fait reality, let's not Y^��h++Y. (�.-1�( +ir�I `h.)> ree +r�fn�dffng nn .� t�yr�I )i i, f' i._ground, ri [ You Cn fId �f%)\+V�ri l\.l Li S4it �fVHiY Ziiii)v!t)l�` Vl) )��V}�f tiIN1V Yu I� easily have asked me for my side of the stofy, eWI you cold eve looked in &ie court records. You did neither. Fairness or r accyyurac were sy h �liihf i� ii ►'Ih� sih? il" � +ill`^ �h??Y Ahi`Y t��i -Tih' = �"f ?P'� )"th�'3't ?i fit #` �sliY us,:v:u And it you wish to consider e fCs--one of the t t moral is on-s, a OU learns is "het he who ►s without sin cast � ne Tirst stone.- # his idea is partiCullarly apt, Mr. -Vice Mlayvar, atftc elove s`uLIC s `YotI records on these issues. And the Rabbis were even stronger in their thoughts about speed?. i o r.o. a e.. Lr lk!n _III someone s rid P there ,_ I1u; � ,T Ur1, Loshone Fe F-Fr�-F a �3�3C�-OFF F�' iF= 4�F �:.sF FF�:3�� .� rig; € �i�f " Sfl�€�€�F F F FF:.fF LF�F id-olatry and incest. In fait they argue that with murder �y two people are damaged —the perpetrator and the victim, while with Speal ing so. seone, *;..-;ere are three peopile �,FI;; s are Ula; FagVed- -the speaker.. the one spoken about, and the ofie who "hewrs the words. All are poisoned. Motz's Shern Ra [one who speaks ill, of othersi is COn�suei cu tv be # M7 1 s4 est W. ThgaY� s A the �u .Axcel awr Pr ate-s ecch In the Rideo-Christian tradition- hich VS what 1 suspect Moss of your constituents fall into. Your moral 11%T£I Mi ££Pf%tI dIni £reSrmCe£rgLL3r dearly Fita3i£lf of it iriP there her rT"'id,/Se^ and therefore heT3fo e fnL3 L3.¢it..i1tit this respect you are on your own, -unless of eaurse you represent the Taliban or the Westboro Chur . wbs€le you ay ha -re expertise in coma at''ac a-�n�rti,tl^iirc ten# rr►r�r3taits ; i^4['S# rents of them. Cn r�tats ttfta f a� a,s�j£ f'T i:tff-o 7 CAtt _tftdf£StttaT to ff t= bttt= Wr s=ts _,. —W VS EA i whatever po€local games -you desire; but please dion't lecture us on ethics. CITY OF TAMARAC MEMORANDUM NO. 2013-020 TO: Mayor Beth Talabisco Members of the City Commission CC: Michael Cernech, City Manager Diane Phillips, Assistant City Manager Pat Teufel, Acting City Clerk FROM: Samuel S. Goren, City Attorney Jacob G. Horowitz, Assistant City Attorney DATE: January 22, 2013 RE: City of Tamarac ("City") / Municipal Recall In response to several, independent inquiries from members of the City Commission and the City Administration, the City Attorney's Office has examined the municipal recall process set forth Section 100.361, F.S. This memorandum details the process by which electors in a municipality may recall an elected municipal official. Since the City is divided into districts and City Commissioners are elected by those electors residing in their respective district, only those electors residing in a district may sign the petition needed to recall that particular district commissioner. Further, only those electors residing within the district may vote in a recall election. More specifically, since the instant inquiry is a result of the current efforts to recall Commissioner Atkins -Grad, the District 2 Commissioner, only those electors residing in District 2 are eligible to sign the recall petition and vote in a recall election. This memorandum shall specifically contemplate a potential recall of Commissioner Atkins - Grad by the electors within District 2. A separate analysis would be necessary to examine a recall of any other members of the City Commission, based on the number of electors residing within a particular district or the at -large status of the Mayor. RECALL PETITION a. Content Any effort to recall an elected municipal official must begin with a recall petition (the "Petition"). The Petition must state the name of the person sought to be recalled and the grounds for the recall. The statement of the grounds for the recall may not exceed two hundred (200) words, and must be limited to the following grounds: 1. Malfeasance; 2. Misfeasance; 3. Neglect of duty; 4. Drunkenness; 5. Incompetence; 6. Permanent inability to perform official duties; and 7. Conviction of a felony involving moral turpitude. b. Requisite Signatures The number of signatures required on the Petition is contingent upon the number of electors residing within the district of the commissioner sought to be recalled. The City Attorney's Office has confirmed with the Broward County Supervisor of Elections ("SOE") that are currently 12,600 electors residing in District 2. In accordance with Section 100.361(b)(5), F.S., in a municipality or district of more than 10,000 but fewer than 25,000 registered electors, the Petition must be signed by at least 1000 electors or by ten percent (10%) of the total number of registered electors of the municipality or district as of the preceding municipal election, whichever is greater. The last municipal election occurred in the City in November 20121. At that time, District 2 had 12,496 registered electors. Based on the aforementioned analysis, the Petition to recall Commissioner Atkins -Grad must be signed by no less than 1250 registered electors residing in District 2. All signatures shall be obtained within a period of 30 days, and all signed and dated Petition forms shall be filed at the same time, no later than 30 days after the date on which the first signature is obtained on the Petition. As previously noted, only electors of the district are eligible to sign the Petition. Each elector signing the Petition shall sign and date his or her name in ink or indelible pencil. Each Petition form shall contain lines for each elector's original signature, printed name, street address, city, county, voter registration number or date of birth, and date signed. The Petition form shall also contain lines for an oath, to be executed by a witness who is to verify the fact that the witness saw each person sign the counterpart of the Petition, that each signature appearing on the Petition is the genuine signature of the person it purports to be, and that the Petition was signed in the presence of the witness on the date indicated. ' While there was not a District 2 election in November 2012, this was the last municipal election held within the City. A formal election was not conducted at this time since Commissioner Glasser and Commissioner Bushnell were re-elected without opposition. 2 c. Filing of Signed Petition All signed Petition forms shall be filed at the same time, no later than thirty (30) days after the date on which the first signature is obtained on the Petition. The person designated as the chair of the recall committee shall file the signed Petition forms with the City Clerk. Once filed, the Petition may not be amended. d. Verification of Signatures Immediately after the filing of the Petition forms, the City Clerk shall submit such forms to the SOE. No more than thirty (30) days after the date on which all Petition forms are submitted to the SOE by the Clerk, the SOE shall verify the signatures in accordance with Section 99.097, F.S., and determine whether the requisite number of valid signatures has been obtained for the Petition. The committee seeking verification shall pay, in advance, to the SOE, the sum of ten cents ($.10) for each signature or the actual cost of checking such signatures, whichever is less. Upon filing with the City Clerk, the Petition, and all subsequent paperwork required by the recall statute, must, upon request, be made available in alternative formats by the Clerk. If the SOE determines that the Petition does not contain the requisite number of verified and valid signatures, the City Clerk shall, upon receipt of such written determination, so certify to the City Commission and file the Petition without taking any further action, and the matter shall end. No additional names may be added to the Petition, and the Petition shall not be used in any other proceeding. If the SOE determines that the Petition has the requisite number of verified and valid signatures, then the procedures set forth below must be followed. II. RECALL PETITION AND DEFENSE (SIGNATURES VERIFIED) Upon receipt of a written determination from the SOE that the requisite number of signatures has been obtained, the City Clerk shall at once serve upon the person sought to be recalled a certified copy of the petition. Within five (5) days after service, the person sought to be recalled may file with the City Clerk a defensive statement of not more than two hundred (200) words (the "defensive statement"). Within five (5) days after the receipt of the defensive statement or after the last date a defensive statement could have been filed, the City Clerk shall prepare a document entitled "Recall Petition and Defense." The "Recall Petition and Defense" shall consist of the recall petition, including copies of the originally signed petitions and counterparts. It must contain lines which conform to the provisions of Section 100.361(2)(e), F.S., as detailed above, and the defensive statement or, if no defensive statement has been filed, a statement to that effect. M The City Clerk shall make copies of the "Recall Petition and Defense" which are sufficient to carry the signatures of thirty (30) percent of the registered electors. Immediately after preparing and making sufficient copies of the "Recall Petition and Defense", the Clerk shall deliver the copies to the person designated as the chair of the committee and take his or her receipt therefor. a. Requisite Signatures on Recall Petition and Defense Upon receipt of the "Recall Petition and Defense" the committee may circulate them to obtain the signatures of fifteen percent (15%) of the electors. All signatures shall be obtained and all signed petition forms filed with the City Clerk no later than sixty (60) days after the delivery of the "Recall Petition and Defense" to the chair of the committee. b. Signed Petitions; Request for Striking Name The City Clerk shall assemble all signed petitions, check to see that each petition is properly verified by the oath of a witness, and submit such petitions to the SOE. Any elector who signs a recall petition has the right to demand, in writing, that his or her name be stricken from the petition. A written demand shall be filed with the City Clerk, and upon receipt of the demand, the clerk shall strike the name of the elector from the petition and place his or her initials to the side of the stricken signature. A signature may not be stricken after the clerk has delivered the "Recall Petition and Defense" to the SOE for verification of the signatures. c. Verification of Signatures Within thirty (30) days after receipt of the signed "Recall Petition and Defense," the SOE shall determine the number of valid signatures, purge the names withdrawn, and certify whether fifteen percent (15%) of the qualified electors of the municipality have signed the petitions. The supervisor shall be paid by the persons or committee seeking verification the sum of ten cents ($.10) for each name checked. d. Reporting If the SOE determines that the requisite number of signatures has not been obtained, the City Clerk shall, upon receipt of such written determination from the SOE, certify such determination to the City Commission and retain the petitions. The proceedings shall be terminated, and the petitions shall not be used again. If the SOE determines that at least fifteen percent (15%) of the qualified electors signed the petition, the City Clerk shall, immediately upon receipt of such written determination, serve notice of that determination upon the person sought to be recalled and deliver to the City Commission a certificate as to the percentage of qualified electors who signed. III. RECALL ELECTION 4 If the elected official sought to be recalled filed with the City Clerk, within five (5) days after the aforementioned notice, his or her resignation, the City Clerk shall promptly notify the City Commission of that fact, and the resignation shall be irrevocable. The City Commission shall then fill the vacancy in accordance with the City Charter and other applicable law. In the absence of a resignation, the chief judge of the 17th Judicial Circuit shall fix a day for holding a recall election for the removal of those not resigning. Any such election shall be held not less than thirty (30) days or more than sixty (60) days after the expiration of the five (5) day period and at the same time as any other general or special election held within that period. If no election is scheduled to be conducted within that period, the judge shall call a special recall election to be held within the applicable timeframes. IV. BALLOTS The ballots at the recall election shall conform to the following, with respect to each person whose removal is sought: Shall be removed from the office of by recall? n (name of person) should be removed from office. (name of person) should not be removed from office. V. FILING OF VACANCIES; SPECIAL ELECTIONS Section 100.361, F.S., provides separate procedures for the filling of vacancies for at -large positions and district positions. This memorandum shall only address the filing of vacancies for a district position. Further, the statute contemplates separate procedures for recalling multiple members of the City Commission as opposed to only one (1) member from a district. Specifically, in any recall election of only one (1) District Commissioner, the vacancy created by the recall shall be filled by the City Commission in accordance with the applicable provisions of the City Charter and Florida law. VI. ADDITIONAL CONSIDERATIONS Section 100.361, F.S., provides that no petition to recall any member of the City Commission shall be filed until the member has served one-fourth (1/4) of his or her term of office. Commissioner Atkins -Grad was most recently elected in November 2009. Since more than one- fourth of her current term has expired, she is legally eligible to be subject to a recall petition. 5 n No member of the City Commission removed by a recall, or resigning after a petition has been filed against him or her, shall be eligible to be appointed to the City Commission within a period of two (2) years after the date of such recall or resignation. The City Clerk is legally obligated to preserve all papers comprising or connected with a Petition for recall for a period of two (2) years after they were filed. It is the intent of the legislature to have a uniform, statewide recall procedure and, therefore, all municipal charter and state law provisions which conflict with the provisions of Section 100.361, F.S., are expressly repealed to the extent of such conflict. VII. CONCLUSION This memorandum is intended to provide a general overview and outline of the municipal recall procedures set forth in Section 100.361, F.S. In the event that the current recall initiative against Commissioner Atkins -Grad continues to move forward, the City Attorney's Office is prepared to coordinate the City Clerk and City Administration and assist with all statutory obligations, as appropriate. Please contact our office if there is any additional information that we can provide. SSG/JGH H:\_GOV CLIENTS\TAM 2704\050164 GM\MEMO 2013\2013-021 (Municipal Recall Process - Atkins-Grad).docx C