HomeMy WebLinkAbout2015-08-26 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
WEDNESDAY, AUGUST 26, 2015
CALL TO ORDER: Mayor Harry Dressler called the Regular Commission Meeting of the City
of Tamarac to order at 9:07 p.m. on Wednesday, August 26, 2015 in City Commission
Chambers, Tamarac City Hall, 7525 NW 88th Avenue, Tamarac, FL 33321.
ROLL CALL: Mayor Harry Dressler, Vice Mayor Pamela Bushnell, Commissioner Michelle J.
Gomez, Commissioner Diane Glasser and Commissioner Debra Placko were in attendance.
Also in attendance were City Manager Michael C. Cernech, City Attorney Samuel S. Goren
and City Clerk Patricia A. Teufel.
PLEDGE OF ALLEGIANCE: Mayor Dressler led the Pledge of Allegiance.
INTRODUCTION
1. PROCLAMATIONS AND PRESENTATIONS:
Mayor Dressler moved out of the order of the agenda to take up items 1(b), 1(c) and 1(d) as
Representative Moskowitz had not yet arrived
b. Presentation of a proclamation by Mayor Harry Dressler commending BSO Deputy Henry
Guzman for his critical actions in saving the life of a child (Requested by Fire Chief Mike
Burton)
c. Presentation of a check to the Mayor and Commission by the Woodmont Community
Association President Lee Viverette for the American Flag Retirement Box Project.
d. Presentation by Mayor Harry Dressler of Employee Service Awards:
10 - Year Awards: Simi Preetam, Customer Service Rep II, Financial Services; Dina
Michael, Code Enforcement Officer, Community Development; Alfred Wilson, Aquatic Spray
Technician, Public Services, Martin Dagostine, Senior Engineering Technician, Utilities; Gary
Meyer, Senior Chemist, Utilities.
15 - Year Award:
Luis De Pena, Water System Operator I, Utilities
25 - Year Award:
Elkin Suarez, Water Accountability Supervisor, Utilities
a. Legislative Update - Representative Jared Moskowitz: Rep. Moskowitz said this legislation
session was a very interesting year; talked about the budget; $400,000,000 in projects
vetoed; Medicaid Expansion and the Special Session. Rep. Moskowitz said they talked about
Medicaid Expansion and passed a budget in the Special Session. The Special Session cost
the taxpayers over $100,000,and noted that money could have been used for other projects.
Rep. Moskowitz said Tamarac's representatives worked hard to get the City $150,000 for a
water project. Rep. Moskowitz talked about being on the Redistricting Committee and not
being able to meet the deadline to pass a map. Rep. Moskowitz talked briefly about two bills
that he worked on and got passed: adding college text books to the tax exemption list; tax
Page 1 of 12 REGULAR COMMISSION MEETING August 26, 2015
cuts for commercial real estate, cell phone and cable and gaming. Rep. Moskowitz ended by
saying it has been a pleasure to represent the City of Tamarac.
2. CITY COMMISSION REPORTS:
a. Vice Mayor Bushnell: Vice Mayor Bushnell commented that it was nice to see some
Mainlands 6 residents in the Chambers. Vice Mayor Bushnell noted that the Mayor and
Commission members do not stop working during the summer hiatus. Vice Mayor Bushnell
spoke about the new fad "Crazy Cart Drifter" and how dangerous it is that children are riding
them in the streets and urged people to be cautious when driving. Vice Mayor Bushnell
wished Commissioner Gomez a belated Happy Birthday.
b. Commissioner Gomez: Commissioner Gomez noted that it has been a very busy hiatus.
Commissioner Gomez thanked the Chamber of Commerce for putting on a six city Multi -
Chamber event and congratulated the Kiwanis Club on the success of their Christmas in July
event. Commissioner Gomez said she attended the Historical Society Hall of Fame event; the
TDB for change event; the Broward Housing Authority meeting regarding Section 8 housing
and the Broward County Water Advisory Board meeting.
c. Commissioner Glasser: Commissioner Glasser said she was in New York City for vacation
and talked about her positive experience using Uber to get around the City. Commissioner
Glasser attended the BSO National Night Out event and the ADRC funding meeting where
they discussed additional fund raising events to make up for the loss of State funds due to
budget cuts.
d. Commissioner Placko: Commissioner Placko said HOA's don't go on vacation and she
spent a lot of time meeting with HOA's and individuals within her district during the hiatus.
Commissioner Placko thanked everyone she had met with for being open and honest and
wanted to let them know that she gets it. Commissioner Placko invited people to attend the
unveiling of the "Flag Drop Box" on September 13, 2015 at 10:00 a.m.
e. Mayor Dressler: Mayor Dressler said he was part of a Mayor's conference with the Deputy
Secretary of Homeland Security regarding illegal immigrants who arrive in the US and have a
history of major crimes, etc. This conference call was coordinated by the US Conference of
Mayors and staff members at the White House. Mayor Dressler noted that there are some
cities that do not contact ICE when these individuals have been arrested for other crimes,
which is frustrating for Homeland Security. Homeland Security has come up with a program,
Priority Enforcement Program "PEP", where they want to be notified when anyone with a
violent record gets arrested. Mayor Dressler said after the conference call he checked with
City Administration and Captain Glassman to make sure that Tamarac adheres to PEP.
Mayor Dressler noted that he was honored to talk with staff members in Homeland Security
and the White House.
Mayor Dressler said he watched six hours of a Broward County Commission meeting
regarding people that were in favor of Uber. Mayor Dressler said he was contacted by people
from Uber and he and a few other Mayor's expressed their support of Uber in a full page
open letter in the Sun Sentinel that asked Mayor Ryan to take the lead on this issue and bring
back options like Uber to Broward County. Commissioner Ritter suggested that the County
find a way to accommodate Uber and Lyft and to find a way to establish a level playing field
Page 2 of 12 REGULAR COMMISSION MEETING August 26, 2015
for taxi companies. Direction was given to county staff to come up with different options for
Uber and other "transportation network companies". Mayor Dressler spoke about using Uber
on a recent trip to Orlando and his positive experience and the significant difference in cost of
using Uber compared to using a taxi. Mayor Dressler said it is safer to use Uber and will
continue to be involved in this issue and hopes Broward County will come up with something
reasonable.
Mayor Dressler said Monday was the first day of school and talked about greeting the
children as they arrived at Tamarac Elementary and how the school provides breakfast for all
the children.
Commissioner Placko invited people to attend the unveiling of the Lady Justice Mural at BSO
Tamarac District Office tonight at 6:00 p.m.
3. CITY ATTORNEY REPORT: City Attorney Goren said on June 15th former Mayor
Talabisco was acquitted by a jury. Shortly after the acquittal former Mayor Talabisco asked
the City to consider reimbursement for legal fees. City Attorney Goren noted that the City
Attorney's office had previously supplied the Commission with a memo regarding the
reimbursement determination of entitlement and reasonableness. City Attorney Goren spoke
briefly about the process when it was used the first time the charges were dismissed against
former Mayor Talabisco and hiring Attorney Howard Greitzer to determine the
reasonableness of Attorney Davis's legal fees then. City Attorney Goren noted that the
Commission took action in early June of this year and as such Attorney Greitzer was again
hired to determine the reimbursement determination of entitlement and reasonableness of the
defense attorney's fees. City Attorney 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 former Mayor Talabisco. Mr. Greitzer said that
following his in-depth review of Mr. Davis' fees, and that of his legal team, he found that
reimbursement for Mr. Davis and his legal team's fees in the amount of $451,000 to be fair,
reasonable and justified. Mr. Greitzer and City Attorney Goren responded to questions from
the Commission. Mayor Dressler asked if anyone on the Commission had any disclosures,
and there were none. City Attorney Goren said that it will be former Mayor Talabisco's
obligation to pay her legal team their fees.
Commissioner Gomez seconded by Commissioner Placko moved approval to accept Mr.
Greitzer's findings. Motion passed unanimously (5-0).
Commissioner Gomez seconded by Commissioner Placko moved approval to direct staff to
make payment of $451,000 to former Mayor Talabisco. Motion passed unanimously (5-0).
4. CITY MANAGER REPORT: City Manager Cernech said staff appreciates the summer
break and everyone is ready to get back in the game. City Manager Cernech reported that
Tamarac received notice from the Dept. of Homeland Security awarding Tamarac a regional
grant of nearly $3 million involving six cities that represent eight fire departments (Coral
Springs/Parkland, Hallandale Beach, Lauderhill, North Lauderdale, Margate/Coconut Creek
and Sunrise). The funds will allow for the purchase of much needed equipment and improve
Page 3 of 12 REGULAR COMMISSION MEETING August 26, 2015
interoperability throughout the community. Tamarac will be responsible for the administration
of the grant as it spearheaded this effort.
City Manager Cernech said the Community Development Dept. would like to remind
residents that open enrollment for the City's state and federally funded Home Rehabilitation
Program began on August 17th and will run through August 28th. Residents can pick up an
application at the Community Development Dept., Room 206, in City Hall or download an
application to submit in person or apply on line from the City's website www.tamarac.orq
during the enrollment period.
Upcoming Events: Lady Justice Mural dedication will take place this evening at 6:00 p.m. at
the BSO Tamarac District Building, located at 7515 NW 88th Ave. and light refreshments will
be served in the City Hall Atrium afterwards. The Flag Retirement Box Dedication will take
place on Sunday, September 13th at Veteran's Park at 10:00 a.m. and the 6th Annual Play
Day will take place on Thursday, September 17th from 1:30 p.m. to 3:30 p.m. at Tamarac
Park, 7501 N. University Drive.
City Manager Cernech announced that the Tamarac Community Center is the 2015 Florida
Assoc. of Senior Center's Florence R. Goldmann Award winner. This award is presented to
the State's most outstanding Senior Center that has shown distinguished service excellence
in the development and promotion of Senior Centers.
Past Events: TD Bank Bring Change program which took place on July 10th benefiting the
Tamarac Parks & Recreation Foundation netted the Foundation $2,396.24 and these funds
will support program grants for families in need. The launch of a Health & Recreation
Program Workshop held at the Community Center on August 25th helped communities offer
additional recreational activities. The workshop provided HOA board members and property
managers resources and partnerships that the City is offering for cost-effective programs.
Additional workshops will follow.
City Manager Cernech reported that the Sunset Point Park Renovation Project is in its
beginning phase and it is estimated the completion date will be in December 2015. The
Citywide Pavement Rejuvenation Project which began in March is now considered
substantially complete with only a few minor punch list items remaining.
City Manager Cernech said that before the summer break there was a workshop discussion
regarding vacation rentals and everyone expressed a level of concern and interest in
vacation rentals. At that time staff advised the Commission that the legislature was
considering action on vacation rentals, which they ultimately took, and that several cities were
looking at those regulations to develop regulations which will take into account the State
legislation. Staff is now in possession of that legislation and will be looking at it to see if it may
apply to Tamarac. Staff will place a discussion on an upcoming workshop to talk about what
opportunities exist for Tamarac to coexist with the vacation rental legislation to preserve
Tamarac's neighborhoods.
City Manager Cernech reported that the Commission is aware that over the commission
break we had an instance to become displeased with one of our partner organizations. One
of the things that staff tried to do moving forward, instead of being displeased and angry with
some of our partner organizations, is that we worked hard to minimize that anger and is
Page 4 of 12 REGULAR COMMISSION MEETING August 26, 2015
pleased to inform the Commission that Risk/Safety Manager Patty Tomaszewski is working
through that process on everyone's behalf. City Manager Cernech said he expects to have
some news for the Commission in the near future about how successful Patty T. will be in
that regard.
City Manager Cernech said both he and Community Development Director Calloway gave
depositions recently in the Woodmont litigation. City Manager Cernech said Tamarac is not a
party to that litigation; however, we are involved because of the approval processes. At the
same time the litigation is going on the Woodmont group has submitted a site plan for a new
clubhouse parking lot, pool and cart barn that is going forward to the Planning Board and will
ultimately come before the Commission for consideration sometime in the near future.
City Manager Cernech said that Representative Moskowitz made mention of the staggering
amount of legal fees expended by the State to argue about items over the last session. The
State Legislature fought over Medicare and Medicaid among themselves and ultimately with
the Governor. The House of Representatives walked out and ended the legislative session
which impacted upon thousands of cities and organizations by killing a lot of legislation. They
spent a lot of money which ultimately cost the taxpayers a lot of money. City Manager
Cernech noted that the City has spent a considerable amount of money over the last five
years defending our elected officials. City Manager Cernech talked about an article regarding
our Inspector General investigating Margate Commissioner Lee Peerman and issuing a
scathing ethics review of her for essentially getting married and in lieu of accepting gifts she
asked for donations to be made to specified charities which amounted to several hundred
dollars. Whether she was right or wrong and didn't file the appropriate paperwork is not the
point. City Manager Cernech said the point is that we spent a lot of money in the Inspector
General's Office looking for corruption and gross mismanagement and if this is what he is
spending his time doing he has some grave concerns. This is a direct expense to the
taxpayers, not only to the City of Margate but the elected official and all taxpayers in Broward
County that fund this activity.
Mayor Dressler recessed the meeting at 10.56 a.m. and reconvened the meeting at 11:14
with all present as before
5. PUBLIC PARTICIPATION: Mayor Dressler opened Public Participation and the following
individuals spoke: Ronald B. Barish, 7555 NW 99th Ave., spoke about additional taxes, Uber,
Illegal immigrants, bullying and the impending tropical storm; Stewart Webster, 7900 Colony
Circle So., expressed his indignation that his picture that was displayed on the Tamarac
Community was vandalized and removed; James Franko 8114 NW 100th Terr. spoke about
Fire Rescue response times to communities bordering Southgate Blvd. and asked staff to see
if there was some way Coral Springs could respond to those calls as they are closer. City
Manager Cernech advised Mr. Franko that we already have a mutual aid agreement with
Coral Springs for response to calls when we are not able to respond. City Manager Cernech
addressed Mr. Webster's comments and said that the art display was installed by a group of
volunteers and was very challenging to install. There was a host of problems from the onset,
some of the photos started to come off the wall almost immediately and the Public Art
Committee tried to repair the photos. City Manager Cernech stated that there was no
vandalism and due to weather conditions a number of photos came down before they should
have with some being so badly damaged they had to be removed. City Manager Cernech
Page 5 of 12 REGULAR COMMISSION MEETING August 26, 2015
said this project was a disappointment and there was no malicious vandalism. With no one
else wishing to speak, Mayor Dressler closed Public Participation.
6. CONSENT AGENDA: Mayor Dressler asked City Manager Cernech if there were any
changes/additions to the Consent Agenda and City Manager Cernech said TR12685 - Drilling
and/or Fracking - was discussed at the August 24, 2015 Commission Workshop and is
currently listed on the August 26, 2015 Consent Agenda as Item No. 6 (g) has been amended
as follows: The title and Section 2 have been amended to clarify the City's objection to oil
drilling within the Florida Everglades in Water Conservation areas overall, in addition to
opposing the exploratory oil drilling permit application submitted to the Florida Department of
Environmental Protection by Kanter Real Estate LLC. Section 4 has been amended per City
Commission request to add Broward Water Resources Task Force and the Florida League of
Cities to the Resolution distribution list. City Manager Cernech added that we will further
revise the item to add the Broward County Water Advisory Board to the distribution list.
Commissioner Gomez seconded by Commissioner Glasser moved approval of the Consent
Agenda with TR12685 as amended. Motion passed unanimously (5-0).
a. Approval of the July 8, 2015 Regular Commission Meeting Minutes — APPROVED
b. TR12659 - Special Magistrate Amendment: A Resolution of the City Commission of the
City of Tamarac, Florida, approving and authorizing a name change to the City's Code
Enforcement Special Magistrate from Eugene M. Steinfeld to Eugene M. Steinfeld, P.A.;
providing for conflicts; providing for severability; and providing for an effective date.
RESOLUTION R-2015-66
c. TR12668 - Awarding Bid No. 15-16B for the Veteran's Boat Dock Installation Project: A
Resolution of the City Commission of the City of Tamarac, Florida, awarding Bid No. 15-16B
to and approving an Agreement with Ray Qualmann Marine Construction, Inc. for the
construction of the Veteran's Park Boat Dock Installation Project in accordance with Bid No.
15-16B for a contract amount of $214,340.00; a contingency in an amount of $21,434.00 will
be added to the project account, for a total project budget of $235,774.00; authorizing an
expenditure from the appropriate accounts; providing for conflicts; providing for severability;
and providing for an effective date.
RESOLUTION R-2015-67
d. TR12669 - ADPI Agreement Extension: A Resolution of the City Commission of the City of
Tamarac, Florida approving the agreement extension with Advanced Data Processing, Inc.
(DBA Intermedix) and authorizing the appropriate City Officials to execute the Agreement
Extension to provide for the administration, processing and receipt of payments associated
with transporting Emergency Medical Service (EMS) patients on behalf of the City of
Tamarac Fire Rescue Department; providing for conflicts; providing for severability; and
providing for an effective date.
RESOLUTION R-2015-68
e. TR12673 - Broward Schools Emergency Medical Services Internship Prg. Agreement: A
Resolution of the City Commission of the City of Tamarac, Florida, to approve a five (5) year
Agreement between the City of Tamarac and the School Board of Broward County and
authorizing appropriate City Officials to execute the Agreement to allow Emergency Medical
Services (EMS) students an opportunity to receive education and training from Tamarac Fire
Page 6 of 12 REGULAR COMMISSION MEETING August 26, 2015
Rescue personnel in an EMS Student internship program beginning upon execution of the
Agreement through August 31, 2020; providing for conflicts; providing for severability; and
providing for an effective date.
RESOLUTION R-2015-69
f. TR12683 - Purchase Land NW 73 Terrace: A Resolution of the City Commission of the City
of Tamarac, Florida approving and authorizing the proper city officials to execute that certain
real estate purchase and sale contract for the purchase of real property located at NW 73rd
Terrace, Tamarac, Florida in the amount of $36,000 attached hereto as Exhibit "A" and
incorporated herein; providing for the approval of the contract and authorizing the proper city
officials to consummate the transaction contemplated by the contract for purchase and sale;
providing for conflicts; providing for severability; and providing for an effective date.
RESOLUTION R-2015-70
g. TR12685 - Drilling and/or Fracking: A Resolution of the City Commission of the City of
Tamarac, Florida, opposing the oil drilling within the Florida Everglades in water conservation
areas and the permit application submitted by Kanter Real Estate LLC to the Florida
Department of Environmental Protection seeking oil drilling rights on property located in the
Florida Everglades, supporting efforts opposing hydraulic fracturing, acid fracturing, and any
extreme well stimulation activities; providing for distribution; providing for conflicts; providing
for severability; and providing for an effective date.
RESOLUTION R-2015-71
h. TR12686 - Third Amendment to the Interlocal Agreement-Broward Metropolitan Planning
Organization: A Resolution of the City Commission of the City of Tamarac, Florida, approving
the Third Amendment to the Interlocal Agreement for the creation of the Broward
Metropolitan Planning Organization ("MPO"), attached hereto as Exhibit "A" and. incorporated
herein, authorizing and directing the appropriate City officials to execute all documents
necessary to effectuate the intent of this resolution; directing the City Clerk to provide a copy
of this Resolution, along with the executed Interlocal Agreement to the MPO for recordation;
providing for conflicts; providing for severability; providing for an effective date.
RESOLUTION R-2015-72
i. TR12688 - Approval of the 2015 Amendment of the American Traffic Solutions (ATS)
Professional Services Agreement: A Resolution by the City Commission of the City of
Tamarac to approve the 2015 Amendment to the Professional Services Agreement with
American Traffic Solutions, Inc. ("ATS"); authorizing the appropriate city officials to execute
the 2015 Amendment; providing for conflicts; providing for severability and providing for an
effective date.
RESOLUTION R-2015-73
7. REGULAR AGENDA: There were no Regular Agenda items scheduled for this meeting.
8. ORDINANCE(S) - FIRST READING: There were no Ordinance(s) — First Reading
scheduled for the meeting.
9. PUBLIC HEARING(S): There were no Public Hearing(s) items scheduled for this meeting.
Page 7 of 12 REGULAR COMMISSION MEETING August 26, 2015
10. ORDINANCE(S) - SECOND READING: There were no Ordinances(s) — Second Reading
scheduled for this meeting.
11. QUASI-JUDICIAL HEARING(S):
City Attorney Goren said items 11 (a) and 11 (b) are companion items and he would read both
titles into the record.
a. Temporary Board Order No.06 - The Atlantic: Special Exception: Special Exception use
pursuant to Section 24-434 of the City of Tamarac Code of Ordinances, Land Development
Regulations ("LDRS"), to allow the use of a proposed passive private park/dog park
consisting of a mail kiosk with seven (7) parking spaces.
b. TR12656 - The Atlantic: New Development Site Plan: A Resolution of the City Commission
of the City of Tamarac, Florida, granting New Development Site Plan approval (with
conditions) for the Atlantic Private Park project, to allow for a proposed passive private
park/dog park consisting of a mail kiosk with seven (7) parking spaces, for the subject
property located on the south side of West Commercial Boulevard approximately one third of
a mile to the east of State Road 7/441 (Specifically all of Parcel "A", together with a portion of
Parcels "B" and "C", Headway Office Park according to the Plat thereof as recorded in Plat
Book 125, Page 49 of the public records of Broward County, Florida) (Case No. 5-SP-15);
providing for conflicts; providing for severability; and providing for an effective date.
City Attorney Goren read item 11 (a) TBO No. 06 and item 11 (b) TR12656 by title into the
record. City Attorney Goren went over the Quasi -Judicial procedures and City Clerk Teufel
swore in all affected parties. Community Development Director Calloway appeared and said
staff is asking that these items be deferred to the September 9, 2015 Commission Meeting in
order to get more information for the staff memo. Attorney Dennis Mele appeared on behalf
of the applicant and said he neither supports nor objects to the deferral.
Vice Mayor Bushnell seconded by Commissioner Gomez moved to defer item 11 (a) TBO No
06 — The Atlantic: Special Exception and item 11 (b) TR12656 — The Atlantic: New
Development Site Plan to the September 9, 2014 Commission Meeting. Motion passed
unanimously (5-0).
DEFERRED FROM THE JUNE 24, 2015 COMMISSION MEETING
DEFERRED FROM THE JULY 8, 2015 COMMISSION MEETING
DEFERRED TO THE SEPTEMBER 9, 2015 COMMISSION MEETING
City Attorney Goren said items 11 (c), 11 (d) and 11 (e) are companion items and would be
read into the record together; however, each item will have a separate motion for approval.
c. T02330 - Broward County Commercial - Small Scale Land Use Plan Amendment: An
Ordinance of the City Commission of the City of Tamarac, Florida, adopting a Small Scale
Land Use Plan Amendment to the City of Tamarac's Comprehensive Plan Future Land Use
Map in accordance with Chapter 163, specifically Section 163.3187 of the Florida State
Statutes, for three (3) subject properties approximately 3.83 acres in size, addressed as
3101, 3650, and 3660 West Commercial Boulevard, to change the Broward County
"Commercial" future land use designation to the City of Tamarac "Commercial" future land
Page 8 of 12 REGULAR COMMISSION MEETING August 26, 2015
use designation in order to provide for a future land use designation consistent with the intent
of the City of Tamarac Comprehensive Plan (Case No. 1-LUA-15); providing for amendment
to the Official Future Land Use Map to reflect such change; providing for conflicts; providing
for severability; and providing for an effective date.
d. T02328 - Amoco at Commercial: Rezoning: An Ordinance of the City Commission of the
City of Tamarac, Florida, amending the Official Zoning Map of the City of Tamarac referenced
in Section 24-3 of Chapter 24 of the City of Tamarac Code of Ordinances to reflect the
Rezoning of certain real estate property legally described in Exhibit "A", from the current
Broward County B-3 (Intense Commercial Business District) zoning classification to City of
Tamarac B-2 (Planned Community Business District) zoning classification, for the subject
property located on the Northwest Corner of NW 31 Avenue and West Commercial Boulevard
at 3101 West Commercial Boulevard, in order to provide for consistency with the Land
Development Regulations in accordance with the intent of the Comprehensive Plan of the
City of Tamarac; (Case No. 4-Z-15); providing for amendment to the Official Zoning Map to
reflect such change; providing for conflicts; providing for severability; and providing for an
effective date.
e. T02329 - Broward County B-3 — Rezoning: An Ordinance of the City Commission of the
City of Tamarac, Florida, amending the Official Zoning Map of the City of Tamarac referenced
in Section 24-3 of Chapter 24 of the City of Tamarac Code of Ordinances to reflect the
rezoning of certain real estate properties legally described in Exhibit "A", from the current
Broward County B-3 (Intense Commercial Business District) zoning classification to City of
Tamarac B-3 (General Business District) zoning classification, for two (2) subject properties
located on the south side of West Commercial Boulevard, east of. North State Road 7, at
3650 and 3660 West Commercial Boulevard, in order to provide for consistency with the land
development regulations in accordance with the intent of the Comprehensive Plan of the City
of Tamarac; (Case No. 5-Z-15); providing for amendment to the official zoning map to reflect
such change, providing for conflicts; providing for severability; and providing for an effective
date.
City Attorney Goren read item 11 (c) — T02330: Broward County Commercial — Small Land
Use Plan Amendment; 11 (d) - T02328 - Amoco at Commercial: Rezoning and 11 (e)
T02329 - Broward County B-3 — Rezoning by title into the record. City Attorney Goren went
over the Quasi -Judicial Procedures and City Clerk Teufel swore in all affected parties.
Community Development Director Calloway made staffs presentation on 11 (c); 11 (d) and 11
(e), a copy of which is on file in the City Clerk's Office, and ended by saying staff and the
Planning Board recommend approval of all three items. Community Development Director
Calloway responded to questions from the Commission.
Mayor Dressler opened the Public Hearing and the following individual spoke: Raquel
Rothman appeared on behalf of the property owner and opposed the Rezoning of the
property as it would place an undue burden on the owner of the property. With no one else
wishing to speak Mayor Dressler closed the Public Hearing.
Commissioner Placko seconded by Commissioner Gomez moved approval of item No. 11
(c): T02330 - Broward County Commercial - Small Scale Land Use Plan Amendment on first
reading. Motion passed unanimously (5-0).
PASSED ON FIRST READING AUGUST 26, 2015
Page 9 of 12 REGULAR COMMISSION MEETING August 26, 2015
Commissioner Placko seconded by Commissioner Gomez moved approval of item No. 11
(d): TO2328 - Amoco at Commercial: Rezoning on first reading.
Motion passed unanimously (5-0).
PASSED ON FIRST READING AUGUST 26, 2015
Commissioner Gomez seconded by Commissioner Glasser moved approval of item No. 11
(e): TO2329 - Broward County B-3 — Rezoning on first reading
Motion passed unanimously (5-0).
PASSED ON FIRST READING AUGUST 26, 2015
f. TR12680 - Golfview Townhomes - New Development Site Plan: A Resolution of the City
Commission of the City of Tamarac, Florida, granting New Development Site Plan approval
(with conditions) for Golfview Townhomes, to allow for the proposed twelve (12) unit
townhouse development, for the subject property located on the south side of West McNab
Road approximately 925 feet east of Pine Island Road at 8400 West McNab Road
(Specifically a portion of Parcel "R" of the "Woodland Lakes" Plat, according to the Plat
thereof as recorded in Plat Book 75, Page 18 of the public records of Broward County,
Florida) (Case No. 27-SP-14); providing for conflicts; providing for severability; and providing
for an effective date. City Attorney Goren read TR12680 by title into the record. City Attorney
Goren went over the Quasi -Judicial procedures and City Clerk Teufel swore in all affected
parties. Community Development Director Calloway appeared and gave staff's presentation,
a copy of which is on file in the City Clerk's Office, and ended by saying that the Planning
Board and staff recommend approval of TR12680. Attorney William Riley appeared on behalf
of the applicant and gave a brief statement. Attorney Riley said he had a pleasant experience
working with staff on this project and said he concurs with staffs recommendations and
accepts all conditions.
Mayor Dressler left the meeting at 12:15 p.m. and returned at 12:17 p.m.
Community Development Director Calloway and Attorney Riley responded to questions and
concerns regarding parking from Commissioner Gomez. Mayor Dressler opened the Public
Hearing and with no one wishing to speak, closed the public hearing.
Commissioner Gomez seconded by Commissioner Placko moved approval of TR12680 with
the conditions agreed upon. Motion passed unanimously (5-0).
RESOLUTION R-2015-74
City Attorney Goren said item 11 (g) - TR12682 and item 11 (h) - TR12681 can be
considered together.
g. TR12682 - Central Parc South — Plat: A Resolution of the City Commission of the City of
Tamarac, Florida, granting Plat approval for the "Central Parc South Plat", to allow for various
tracts to accommodate proposed single-family dwelling units associated buffers, roadways,
waterways and recreation parcels within the proposed community; dedication of utility
easements for utility and cable television services, a blanket ingress and egress easement for
the provision of municipal services, maintenance to existing canals, fire protection, police
protection, emergency and other safety services, a drainage easement for drainage
purposes, and lake easements and lake maintenance easements for lake and drainage
Page 10 of 12 REGULAR COMMISSION MEETING August 26, 2015
purposes, in association with the redevelopment of the Central Parc South property for the
proposed use of two hundred and forty-three (243) single family homes, replacing the
previously approved one hundred and seventy four (174) single family homes; as requested
by Scott Backman, Esq., of Dunay, Miskel, Backman & Plattner, LLP, designated agent for
the property owner, SPL Holdings, LLC, and SPL South Holdings, LLC, for the properties
located on the south side of West Commercial Boulevard, west of the Florida Turnpike, (Case
No. 5-P-14); providing for conditions of approval; providing for execution of said plat;
providing for conflicts; providing for severability; and providing for an effective date.
h.: A Resolution of the City Commission of the City of Tamarac, Florida, granting Major
Revised Site Plan approval (with conditions) to allow for the redevelopment of the Central
Parc South property through structural and architectural modifications and landscaping
improvements for the proposed use of two hundred and forty-three (243) single family homes,
replacing the previously approved one hundred and seventy four (174) single family homes,
for the subject properties located on the south side of West Commercial Boulevard, west of
the Florida Turnpike (A portion of Saba[ Palm by Prestige Plat as recorded in Plat Book 178,
Page 71 of the public records of Broward County, Florida) (Case No. 32-SP-14); providing for
conflicts; providing for severability; and providing for an effective date.
City Attorney Goren read item 11 (g) - TR12682 and 11 (h) TR12681 by title into the record.
City Attorney Goren went over the Quasi -Judicial procedures and City Clerk Teufel swore in
all affected parties. Community Development Director Calloway appeared and gave staff's
presentation on the plat, a copy of which is on file in the City Clerk's Office, and ended by
saying that the Planning Board and staff recommend approval of TR12682.
Attorney Scott Backman appeared on behalf of the applicant and asked that City staff make
their presentation on the site plan at this time. Community Development Director Calloway
gave staff's presentation on the Site Plan, a copy of which is on file in the City Clerk's Office,
and ended by saying that staff and the Planning Board recommend approval with staff's
conditions of approval.
Attorney Backman gave a presentation, a copy of which is on file in the City Clerk's Office.
Mayor Dressler recessed the meeting at 1:32 p.m. and reconvened the meeting at 1:48 p.m.
with all present as before.
Community Development Director Calloway, as well as Attorney Backman, Trent Ebersole,
Mike Nunziata, Warner Vaughn and David Deka, experts for the applicants, responded to
questions and concerns from the Commission regarding traffic, lack of parking spaces at the
Pool Cabana, lack of amenities, berms, buffering, landscaping, canals, drainage, sufficient
lighting, maintenance of the community, background checks of potential buyers and
restricting construction starting times.
City Manager Cernech left the meeting with Assistant City Manager Diane Phillips taking
over.
At the request of Attorney Backman Mayor Dressler recessed the meeting at 3:02 p.m. and
reconvened the meeting at 3:13 p.m. with all present as before. City Manager Cernech
returned to the meeting at 3.20 p.m.
Page 11 of 12 REGULAR COMMISSION MEETING August 26, 2015
Commissioner Gomez requested that Attorney Backman meet with the residents of the
abutting Woodlands Community to discuss the Central Park South Project and Attorney
Backman agreed to do so.
Mayor Dressler opened the Public Hearing and the following individual spoke: Charles
Matteson, 5005 NW 50th Court, advised that he is on the Board of Directors for Mainlands 6
and spoke about the positive experience dealing with the new developers regarding the
project; the lack of traffic calming measures in Mainlands 6 and his concern about 50th St.
access to Rock Island being dangerous. With no one else wishing to speak, Mayor Dressler
closed the Public Hearing.
Attorney Backman spoke about the applicant being the type of client you want to have and
while there are real issues here, they are trying to bring the best community forward. The
applicant is trying to address issues about density, additional parking and turn lanes and the
applicant is willing to do all of these things.
It was agreed to defer item 11 (g) - R12682 - Central Parc South — Plat and item 11 (h)..
TR12681 - Central Parc South - Major Revised Site Plan to the September 9, 2015
Commission Meeting in order to make the changes/conditions that were discussed and
resubmit for staffs review to make sure that all the changes/conditions have been met.
Commissioner Gomez seconded by Commissioner Glasser moved approval to defer item 11
(g)-TR12682 - Central Parc South — Plat and item 11 (h): TR12681 - Central Parc South -
Major Revised Site Plan to the September 9, 2015 Commission Meeting. Motion passed
unanimously (5-0).
Item 11 (g) - TR12682 - Central Parc South — Plat
DEFERRED TO THE SEPTEMBER 9, 2015 COMMISSION MEETING
Item 11 (h): TR12681 - Central Parc South - Major Revised Site Plan
DEFERRED TO THE SEPTEMBER 9, 2015 COMMISSION MEETING
12. OTHER
There being no further business
adjourned the meeting at 3:53 p.m.
Patricia Teufel, CMC
City Clerk
to come before the City Commission, Mayor Dressler
4 Ajve-�
Harry dressler, Mayor
Page 12 of 12 REGULAR COMMISSION MEETING August 26, 2015
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1
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HOWARD L. GREITZER, P.A.
Attorney at Law
12 Southeast Seventh Street, Suite 706
Fort Lauderdale, Florida 33301
Howard L. Greitzer, Esq.
HGreitzer@GreitzerLaw.com
August 25, 2015
VIA E-MAIL
Sam Goren, Esquire
Goren, Cheroff, Doody & Ezrol, P.A.
3099 E Commercial Boulevard, Suite 200
Fort Lauderdale, FL 33308
RE: CITY OF TAMARAC
Telephone (954)467-8701
REVIEW OF ATTORNEY'S FEES REQUESTED REGARDING STATE OF
FLORIDA vs. BETH FLANSBAUM-TALABISCO
CIRCUIT COURT CASE NUMBER 11-004274CF l 0A
FOURTH DISTRICT COURT OF APPEAL CASE NUMBER 4D12-946
FLORIDA SUPREME COURT CASE NUMBER SC13-1988
Dear Mr. Goren:
Pursuant to my initial engagement on or about May 1, 2012 and my subsequent
engagement on June 25, 2015, I have conducted an independent investigation which
encompassed the review of documents, transcripts, and pleadings and I have had telephone
conversations with the parties involved and others. I have conferred with Lawrence Davis,
Esquire, Shana Korda, Esquire, Richard Rosenbaum, Esquire, and Gene Reibman, Esquire.
Mr. Davis, Ms. Korda, and Mr. Rosenbaum provided the legal representation for which the claim
has been made to the City of Tamarac for the repayment of attorneys' fees on behalf of the
elected official Beth Flansbaum-Talabisco as a result of the rendition of the verdict of not guilty.
Mr. Reibman was contacted in regard to appellate issues and would be called as an expert
regarding same. I have been provided with the names of additional potential experts that the
claimant -attorney has consulted and would utilize at any evidentiary hearing in this cause. I have
been provided with the names of Alvin Entin, Esquire and Benedict P. Kuehne, Esquire, both of
whom are experienced and highly regarded criminal defense lawyers in the South Florida legal
community. Mr. Reibman, along with Mr. Entin and Mr. Kuehne, would be considered experts
in the event the issue of reimbursement becomes litigious.
My retention is more complicated as a direct result of the type and nature of the
undertaking, considering the status of the case upon my first review and evaluation and where it
presently stands after having been tried to verdict.
Sam Goren, Esquire
August 25, 2015
Page 2
As I had previously indicated to you on or about June 26, 2012, Mr. Davis had a pre -
Indictment agreement executed on March 25, 2010 with Mrs. Talabisco in the sum of $7,500.00.
The terms of the subsequent retainer agreement dated March 2, 2011 applied said $7,500.00 to a
$125,000.00 fee contract plus costs.
I had previously determined and presented to you and to the commission my assessment
that the fees of $125,000.00 and the costs incurred between March 8, 2011 and April 27, 2012 in
the sum of $11,998.39 were both reasonable and necessary and substantiated by the
documentation and trust account records provided to me.
As noted in my correspondence of June 26, 2012, the State had filed a Notice of
Interlocutory Appeal regarding the original dismissal of charges against Mrs. Talabisco.
In my capacity as having been retained, I have reviewed the entire case from its
commencement through verdict and commenced my analysis subsequent to the June 26, 2012
date through the rendition of the billing in this cause. I would defer to you, as the City of
Tamarac's legal representative, any determinations as to the entitlement to reimbursement for
attorneys' fees and any opinions regarding same.
As I previously have done, my responsibility as independent counsel is guided by the
factors set forth under the rules regulating The Florida Bar 4-1.5, the factors considered therein,
and determining the reasonableness of fees and costs, as you have advised in your memorandum
referred to above and which I will reiterate.
The provisions as set forth in The Florida Bar regulations are as follows:
(A) The time and labor required, the novelty, complexity, and difficulty of the questions
involved, and the skill requisite to perform the legal service properly;
(B) The likelihood that the acceptance of the particular employment will preclude other
employment by the lawyer;
(C) The fee, or rate of fee, customarily charged in the locality for legal services of a
comparable or similar nature;
(D) The significance of, or amount involved in, the subject matter of the representation,
the responsibility involved in the representation, and the results obtained;
(E) The time limitations imposed by the client or by the circumstances and, as between
attorney and client, any additional or special time demands or requests of the attorney by the
client;
(F) The nature and length•of the professional relationship with the client;
Sam Goren, Esquire
August 25, 2015
Page 3
(G) The experience, reputation, diligence, and ability of the lawyer or lawyers performing
the service and the skill, expertise, or efficiency of effort reflected in the actual providing of such
services; and
(H) Whether the fee is fixed or contingent, and, if fixed as to amount or rate, then
whether the client's ability to pay rested to any significant degree on the outcome of the
representation.
In conjunction with my investigation, I engaged in extensive conversations and meetings
with Mr. Davis and had complete and unfettered access to some 17 boxes containing pleadings,
depositions, investigative material, and telephone records. His records also included various
municipal records, including planning board, minutes of committee meetings, development
review committee records, and commission meeting agendas, all of which would be necessary
and reasonable for an independent inquiry and investigation as defense counsel based upon the
allegations as contained in the original charging document.
Costs and Reimbursable Expenses
I have been provided with trust records in regard to the receipt of cost funds and the
expenditure of sums to cover said costs from March 8, 2011 through April 27, 2012 and
additional reimbursable costs from May 11, 2012 through June 9, 2015. As previously referred
to, initial costs of $11,998.39 were reasonable and necessary and are reimbursable through
April 27, 2012. The additional costs and expenses incurred in the sum of $8,993.10 were also
reasonable and necessary and are reimbursable expenses, so that the total from March 8, 2011
through June 9, 2015 reflects a total costs and expenses subject to reimbursement and to which I
would recommend payment of $20,991.49.
Attorneys' Fees Sought by Larry Davis
As a result of the State's appeal of the original dismissal entered by Judge Imperato,
Mr. Davis submitted time records and documentation in support of his claim for fees for
representation during said appeal in the aggregate sum of $59,600.00. Mr. Davis's records seek
reimbursement at a rate of $400.00 per hour to cover the time period commencing on June 18,
2012 through August 30, 2012 for the preparation of the briefing materials and research for the
interlocutory appeal. The briefs were submitted in August 2012. An invoice was provided for
the preparation and the oral argument before the Fourth District Court of Appeal covering the
period of time from February 16, 2013 through the oral arguments on March 7, 2013 for a total
of 53 hours equaling $21,200.00. Upon the Fourth District Court of Appeal reversing the
decision of the trial court and, thus, reinstating the charges, a subsequent a third invoice was
generated as a result of the Petition for Writ of Certiorari seeking to have the Supreme Court of
the State of Florida accept jurisdiction. Said invoice encompassed periods of time from July 29,
2013 through October 22, 2013 for a total of 31 hours at $400.00 per hour, or $12,400.00. Thus,
the total sought for appellate representation by Mr. Davis was in the sum of $59,600.00, all of
which is supported by invoices and time expended. Considering the scope and nature of the
issues presented and the hourly rate charged, this sum is both reasonable and necessary. One can
Sam Goren, Esquire
August 25, 2015
Page 4
dispute whether a criminal defendant need have representation when the State seeks to overturn
an interlocutory order of dismissal. This is a case where this Defendant defended the ruling of
the trial court, indicating that it was just and proper, and further sought intervention by the
Florida Supreme Court when the case was reversed by the Fourth District Court of Appeal. The
raising of the Petition for Writ of Certiorari and the responsive pleadings to the State's briefing
and appeal were reasonable and necessary and are typically not included in the costs of
representation of trial work. Thus, the total numbers expended by Mr. Davis in regard to the
appellate process was 149 hours equating $59,600.00. Said sum was reasonable and necessary.
Attorneys' Fees Sought by Richard Rosenbaum
As to the fees sought by Richard Rosenbaum, I have been provided with four separate
invoices from Richard Rosenbaum, an appellate specialist who is often retained by trial counsel
to prepare and assist in the preparation of pleadings and briefs.
Mr. Rosenbaum initially became involved in this matter in May 2012. He submitted an
invoice from May 19, 2012 through September 5, 2012 at the rate of $400.00 per hour for a total
Of K640.00. A second invoice was submitted from February 18, 2013 through March 7, 2013
at the rate of $450.00 per hour for 14 hours, for a total of $6,300.00. A third invoice dated
November 1, 2013 was submitted for the period from September 27, 2013 through October 18,
2013 at the rate of $400.00 per hour for 8.9 hours, for a total of $3,560.00. A fourth invoice
dated June 4, 2015 was submitted from July 16, 2014 through May 28, 2015 at the rate of
$450.00 per hour for 63.2 hours, for a total of $28,440.00. The total sought by Mr. Rosenbaum
for his participation in the representation of Mrs. Talabisco from May 19, 2012 through May 28,
2015 is $47,940.00.
Upon a close review of the detailed reports submitted by both Mr. Rosenbaum and
Mr. Davis, coupled with the review of the expenditures which the undersigned also reviewed in
regard to Shana Korda, Esquire, though Mr. Rosenbaum provided significant contributions to the
defense of the Defendant in this cause and assisted and supported same, the undersigned cannot
find that same is in all respects necessary and/or reasonable given the expertise and experience of
Mr. Davis and the assistance provided by Shana Korda, Esquire. However, having been
personally familiar with Mr. Rosenbaum's area of expertise (appeals), I do find that his guidance
and assistance as requested by the Defendant was valuable and that it is within the trial lawyer's
purview to seek out other professionals when necessary and recommend their retention.
Mr. Rosenbaum was retained with the full knowledge and consent of the Defendant, Beth
Flansbaum-Talabisco. In my conversations with Mr. Davis, Mrs. Talabisco, and Ms. Korda, one
cannot discount Mr. Rosenbaum's contribution to the appellate matters in this cause. As such, it
is my responsibility to independently evaluate this situation. I feel that a blended amount,
considering the time expended by Mr. Davis for the handling of the appellate work in this matter
would be a total of $75,000.00 for the work performed by Mr. Rosenbaum and Mr. Davis.
Though Mr. Rosenbaum was involved at various portions of the trial and provided assistance on
other matters, it is my position that a reasonable blended rate of $75,000.00 is appropriate and
would encompass both the $59,600.00 previously analyzed as to Mr. Davis's fees and an
additional $15,400.00 for Mr. Rosenbaum.
Sam Goren, Esquire
August 25, 2015
Page 5
Shana Korda's Attorney Fees
Shana Korda's billing is from January 2014 through May 2015. The sum is 300 hours at
$150.00 per hour for a total of $45,000.00. Ms. Korda was a law student who worked for
Mr. Davis during the discovery process leading up to the original Motion to Dismiss and the
subsequent Motion to Dismiss. None of the time billing reflected herein deals with any of the
expenditures or billing prior to the dismissal by the trial judge and subsequent appeals.
However, Ms. Korda had a unique position, having lived this case with Mr. Davis starting in
2011 and continued to provide extensive support to Mr. Davis as an attorney at all phases of the
trial. Her intricate knowledge of the factual materials provided her with the unique ability to be
Mr. Davis's right hand throughout the trial. The utilization of a paralegal and/or associate
attorney is common in a case wherein there are voluminous depositions and/or documents, and
the extensive knowledge that Ms. Korda had of this case was evident in my multiple meetings
with her, going through the pleadings and extensive documentation provided by the State as part
of discovery as well as the independent investigation conducted by Mr. Davis and Ms. Korda.
Thus, I find the fees incurred in the amount of $45,000.00 for Ms. Korda are reasonable and
necessary.
As a result of the decision of the Fourth District Court of Appeal reversing the trial
court's ruling and reinstituting the charges against the Defendant along with the denial by the
Florida Supreme Court of the Defendant's Petition for Writ of Certiorari, work commenced at
the trial level. Numerous things had arisen in the almost two years from the dismissal, including
the reassignment of the original judge. Upon the mandate being issued and the case being
brought back before the Broward County Circuit Court, hearings were held before various circuit
court judges resulting in at least two recusals and, finally, the assignment in late May 2014 of
Judge Andrew Siegel who ultimately presided over the trial.
Timeline/Background Information
On February 23, 2012, the original trial court conducted a hearing on the Defendant's
Sworn Motion to Dismiss. On March 14, 2012, the trial court issued an order granting
Defendant's Sworn Motion to Dismiss. Thereafter, the State timely filed a Notice of Appeal.
On July 24, 2013, the Fourth District Court of Appeals reversed the trial court's order of
dismissal. Rehearing was denied on September 18, 2013 and the Defendant's Motion to Stay
Issuance of Mandate was denied on October 9, 2013. On January 14, 2014, the Florida Supreme
Court declined to accept jurisdiction of the matter.
In the early part of 2014, the State filed a supplemental discovery adding additional
witnesses and providing additional documentation. Depositions of Cynthia Baker, Ilene
Lieberman (two times), Bruce and Shawn Chait (three times), state attorney investigator Angelo
Pazienza (two times), Beverly Stracher, and Mayor Dressler were held prior to the
commencement of trial on or about May 11, 2015. These depositions (some of which were
extensive), along with the corresponding documentation and the length of time between the
original depositions and those now taken as supplemental, warranted further preparation and
1.
Sam Goren, Esquire
August 25, 2015
Page 6
review far beyond that which one would expect given the breadth and nature of this case. As the
case continued, it appeared that various reports and issues arose relative to the nature of the
production and that various discovery hearings and motions were filed warranting the trial judge
Andrew Siegel making a determination as to the disclosure of certain investigative reports which
had not previously been made available. The State, based upon the pleadings the undersigned
reviewed, continued to supplement its position with either witnesses and/or documents, to some
extent changing the theory under which it sought to pursue a prosecution as late as January 26,
2015 when the State moved to amend the Information. The Court granted said amendment over
the objection of the Defendant, though trial had been expected to begin on February 9, 2015 and
was now postponed until May 2015.
The time expended, based upon the invoices from January 20, 2014 through the trial of
May 27, 2015 encompasses 516 hours at $400.00 per hour, or a total of $206,400.00. The
undersigned has closely reviewed the invoices and the documents from that date forward.
Though there is block billing rather than itemization of the time expended, the undersigned
cannot find that the time expended and sought is unreasonable nor is the hourly fee unreasonable
given all of the factors referred under Florida Bar Rule 4-1.5.
I reiterate that many of the witnesses retained independent counsel requiring various
hearings to be held prior to the depositions taking place.
The undersigned on July 29, 2015 spoke with Catherine Maus who indicated that, in her
estimation, much of the re -deposing of witnesses was unnecessary and unwarranted and that she
filed various motions for protective order to seek to limit the defense from taking the depositions.
Further conversations were had with Assistant State Attorney Carolyn McCann who is
called upon whenever there is a Chapter 119 (public records) request. Ms. McCann indicated
that in her capacity numerous hours were spent due to the extent of the file and the nature of the
requests, resulting in hearings being held and many hours being spent between herself and
Ms. Maus, the State's trial counsel, in regard to compliance with the provisions of Chapter 119.
My purpose in speaking with both prosecutors was to ascertain the reasonableness and nature of
the work performed and to verify either the need for same and/or the complexity of the issues
involved.
Significant discovery was undertaken as a result of the fourth or possibly fifth deposition
of the State's investigator, Angelo Pazienza, as well as two additional depositions of Ilene
Lieberman directly as a result of the supplemental discovery.
One must be also mindful that the files of Mr. Davis and the review and preparation for
trial after these many years now included over 2,000 pages of trial and deposition transcripts of
former Commissioner Patricia Atkins -Grad, transcripts of the trial of Stephanie Kraft, and
deposition transcripts from both her and her husband Mitchell's investigative situation. Upon
information and belief, Mr. Davis and Ms. Korda sat through significant portions of both the trial
of Stephanie Kraft and that of her husband Mitchell Kraft to evaluate trial technique, jury
reaction, evidentiary issues presented to the Court, demeanor of witnesses, and, generally, to get
r
Sam Goren, Esquire
August 25, 2015
Page 7
a preview for their upcoming trial. None of the time spent in these trials are reflected in their
billing records and no compensation is being sought for same. As an experienced trial lawyer, I
know that reading a cold transcript can only provide so much information. Being able to observe
the actual witnesses testifying and being subjected to vigorous cross-examination in similar
proceedings is invaluable and every nugget picked up inures to the benefit of one's client.
I also had occasion to speak with Jack and Beth Talabisco and discussed with them their
legal representation. In my telephone conversation with them, the emotional and financial stress
placed upon them was clearly evident. The criminal process and being accused of wrongful
conduct in such a manner can be debilitating and emotionally difficult. Over these many years,
based upon my conversation with Mr. and Mrs. Talabisco, it was clear to me that the process had
taken its toll. The lawyers now seeking reimbursement of fees were, in Mrs. Talabisco's
opinion, life savers. She and her husband expressed great appreciation to her defense team for
their hard work, legal abilities, and compassion throughout the process. Thus, a public official
charged with a crime had to endure many years of extensive and complicated litigation, suffering
through financial difficulties, as well as emotional and physical difficulties during the process.
In conclusion, the total costs incurred from May 11, 2012 through June 9, 2015 in the
amount of $8,993.10 and the additional costs incurred from March 8, 2011 through April 27,
2012 in the sum of $11,998.39 for a total of $20,991.49 are both reasonable and necessary. The
legal fees for representation of Beth Flansbaum-Talabisco from commencement on March 2,
2011 through June 9, 2015 by Messrs. Davis and Rosenbaum and Ms. Korda in the sum of
$451,000.00 are reasonable and necessary.
I believe I have adequately explained that which I have investigated and relied upon in
making this assessment and rendering my opinion. I have reviewed a number of documents and
other information which are within the care, custody, and control of Mr. Davis.
If after your review of this letter, should you have any questions or wish to discuss same
in greater detail, please do not hesitate to contact me.
HLG/agk
L. GREITZER