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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 u 7-7 LJ 1 K 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