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HomeMy WebLinkAbout2009-01-14 - City Commission Regular Meeting MinutesCITY OF TAMARAC CITY COMMISSION REGULAR MEETING WEDNESDAY, JANUARY 14, 2009 7:00 P.M. CALL TO ORDER: Mayor Flansbaum-Talabisco called the regular meeting of the City Commission to order on Wednesday, January 14, 2009, at 7:00 p.m. in Chambers, at Tamarac City Hall, 7525 NW 88 Avenue, Tamarac, FL PRESENT: Mayor Beth Flansbaum-Talabisco, Vice Mayor Patricia Atkins -Grad, Commissioner Pamela Bushnell, Commissioner Diane Glasser, and Commissioner Harry Dressler. ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Samuel S. Goren, and City Clerk Marion Swenson. PLEDGE OF ALLEGIANCE: Vice Mayor Atkins -Grad led the Pledge of Allegiance. 1. PROCLAMATIONS AND PRESENTATIONS: a. Arbor Dav_Proclamation: Presentation of a proclamation by Mayor Flansbaum- Talabisco proclaiming January 18, 2009 as "Arbor Day" in the City of Tamarac. b. Presentation of Certificate of Completion to Mavor Flansbaum-Talabisco — 2008 Advanced_ _Innstitute for Elected Municipal Officials: Presentation of a Certificate of Completion for the 2008 Advanced Institute for Elected Municipal Officials awarded to Mayor Beth Flansbaum-Talabisco. C. Presentation of Proclamation — Broward Countv Diiversitv Month: Presentation by Mayor Flansbaum-Talabisco of a proclamation proclaiming January as "Broward Diversity Community Month". REPORTS 2. City Commission_ Mayor Flansbaum-Talabisco called for a moment of silence in memory of Assistant Director of Human Resources Dorothy Cummings, who passed away over the weekend. Commissioner Bushnell expressed her condolences to the family of Dorothy Cummings and said she will be missed. Commissioner Bushnell spoke of the civic meeting she and Mayor Flansbaum-Talabisco attended, and the upcoming Town Hall meeting for District 1 which is scheduled for Monday, January 26, 2009 at 6:30 p.m. in the Mainlands 1 and 2 Clubhouse. Commissioner Bushnell said there are many different types of residents in the community, and she has dealt with many of them over the past few weeks. Vice Mayor Atkins -Grad said she has been dealing with many issues of serious concern, e.g. the vacant units and the shortfall in maintenance fees. These issues affect the entire City, not just one district. The new legislation in Tamarac gives Code City Commission Regular Meeting Wednesday, January 14, 2008 Page 1 of 8 Enforcement more power and authority to address many of these issues, and the economic downfall of the country affects Tamarac in many ways. The homeowner associations must work with the management companies to keep the issues in the communities from becoming code violation issues. Crime in Broward County is up, but Tamarac BSO has stepped up its enforcement actions to keep Tamarac safe. Enforcement of deed restrictions is outside the purview of the City Commission and we need to educate our neighborhood leaders with regard to what the City Commission can and can not do and our areas of responsibility. Mayor Flansbaum-Talabisco said this is an excellent topic for us to explore and perhaps staff could put something together for the Mayor and City Commission to bring to the communities. Commissioner Glasser said she attended many events over the past few weeks, such as the Swearing -In Ceremony for Sheriff Lamberti, supported the Chamber in the ribbon cutting ceremony with the new Humana Office located at Kings Point Plaza and Nob Hill Road, and she assisted a constituent, who recently became widowed, in getting services from TOPS in order to get to the doctor's appointments and other places she needed to go. Additionally, the most significant thing she did was to connect a 53 year old man with the proper parties in order to acquiring a liver transplant, which will ultimately save his life. The Town Hall meeting for District 3 will be held in the Kings Point Cabaret Room on February 18 at 6:30 p.m. Commissioner Glasser is currently contacting neighborhood leaders in District 3 and invites everyone to attend. Mayor Flansbaum-Talabisco said with regard to helping residents with medical issues, all of the commissioners would attempt to do the same for any resident, because we can reach out to others at hospitals and transplant foundations when issues arise, but people may not think to call us. Commissioner Dressler expressed condolences to the family of Dorothy Cummings. Commissioner Dressler said he hoped everyone had a happy New Year. The MPO will meet on a joint basis with the Palm Beach MPO and Commissioner Dressler will give a report on the meeting. Commissioner Dressler said his name was submitted for a seat on the Broward County Ethics Commission; the Commission will define a code of ethics for the Broward County Commission. These are economically challenging times, but he is confident the City Commission will meet the challenge for the benefit of our residents. Monday we will celebrate Dr. Martin Luther King Day; diversity and cultural acceptance are positive social values and should be celebrated. Mayor Flansbaum-Talabisco said she and Commissioner Bushnell attended the Homeowner Association meeting in Mainlands 6 and it was a great meeting. Commissioner Bushnell was well informed and we were well received. BSO had a representative there also and presented the attendees with a very good report. Ralph Baer was also there, representing Senator Ring. It was a positive and productive meeting. Mayor Flansbaum-Talabisco assured them that District 1 is front and center for this Commission as issues arise. Mayor Flansbaum-Talabisco said she spoke with Russ Klenet, the Broward League Lobbyist, and he gave her an update on the special session, where they are discussing taking money out of every fund they possibly can. City Commission Regular Meeting Wednesday, January 14, 2008 Page 2 of 8 Mr. Klenet said, while it is not cast in stone, he feels a new penny sales tax could be on the agenda. Mayor Flansbaum-Talabisco said Friday afternoon she will be going to Washington, D.C. for the U.S. Conference of Mayors, returning home Sunday evening. Commissioner Glasser will be at the inauguration, attending as a private individual and member of the National Democratic Party. The biggest issue on the table is how to get money filtered from the federal government to the cities. Mayor Flansbaum-Talabisco said she has requested the addition of an item to the consent agenda, and asked that a letter from Broward County Commissioner Lieberman be added to the record, (attached hereto and incorporated herein as part of these minutes) requesting the Mayor to make two suggestions of appointment to the Broward County Planning Council. Mayor Flansbaum-Talabisco said her recommendations are Arthur Spector, a former judge and lawyer, and Commissioner Bushnell. 3. City Attorney. City Attorney Goren said at Monday's workshop he presented an update regarding the Traffic Magistrate matter. He recently spoke with Representative Porth who assured him allocations were made to fund the Traffic Magistrates now and in the future. Additionally, City Attorney Goren spoke of discussions held at Monday's workshop meeting regarding the Honest Services Act, and said he would provide a copy to the staff. The Mayor and City Commission have already received their copies. Tamarac has an ethics ordinance/compact in place and it has significant meaning. It is a compact between ourselves and the residents (those who the Mayor and City Commission serve), and City Attorney Goren reminded the Mayor and City Commission that they are fiduciary of the public trust. Mayor Flansbaum-Talabisco thanked Ralph Baer for his attendance at the many meetings each week and said he is a great liaison to the Mayor and City Commission. 4. City Manager: City Manager Miller expressed condolences for the family of Dorothy Cummings and said she was a very knowledgeable person with regard to personnel matters. She was a woman of great integrity and professionalism, and she had a wonderful sense of humor. Ms. Cummings will be missed by all who dealt with her. She personified the City motto: Committed to excellence . . . always. Ms. Cummings had a distinguished career with the State of Florida before coming to Tamarac, and one day she told City Manager Miller she hated her job with the State, but she never knew, until she came to Tamarac how much she would enjoy working here. She greatly appreciated her job and he co-workers. We will bring back to the Mayor and City Commission a way to memorialize Ms. Cummings. City Manager Miller said we received news from Homeland Security and FEMA that the grant for portable air filling stations and 25 masks has been approved in the amount of $66,000. Also a small grant from the Department of Law Enforcement was approved in the amount of $4,053 for overtime for police during our summer camp program. City Manager Miller said he is pleased to announce we raised over $15,000 for United Way this year, and thanked the employees and Andy Berns, the head of the Committee. We began our open enrollment program for the first time home buyers in order to try to tackle the foreclosure issue in the City. We have 20 applicants so far and it is estimated about 60% will qualify. We ran an advertisement "call to realtors" in the newspaper and a meeting has been scheduled for January 21. Hopefully this should generate about 100 more City Commission Regular Meeting Wednesday, January 14, 2008 Page 3 of 8 applicants. Fire Department Lt. Michael Wilton has been deployed to Iraq; this is his third tour and he expects to be home in June. We wish Lt. Wilton well. Parks and Recreation held a winter camp over the holidays with 22 participants. A Winter Dance was held for grades four -six with over 200 in attendance. The last concert was very successful with over 200 in attendance. The next concert is scheduled for February 13. Mayor Flansbaum-Talabisco said she attended the concert and it was a beautiful evening; she suggested that since the Mayor and City Commission all have blast email they use that to let more people know about the concert series. It is a great way to get information out to the public. Vice Mayor Atkins -Grad said the event was financially supported by an outside source so it did not cost the city any money. Additionally, people are attending from other cities. Commissioner Glasser asked if the first time home buyers program is limited to 100 people and City Manager Miller said no, the goal it to achieve 100 applicants because not everybody will qualify. 5. PUBLIC PARTICIPATION: Burt Schneider, 8016 NW 72 Street, Tamarac, welcomed the new members to the Commission and wished everyone a happy, healthy, and productive year for themselves and for the City of Tamarac. Mr. Schneider said he hopes as this Commission moves forward they continue the great work for the community that has been accomplished in the past. Mr. Schneider thanked Commissioner Glasser for her good works on behalf of the residents who needed medical assistance. Gabby Goetgeluck, 8231 NW 68 Avenue, Tamarac, spoke of a Pit Bull attack she suffered last month while walking her dog. (A copy of the police report, city code, Broward County Animal Care and Regulations, and citations are attached hereto and incorporated herein as part of these minutes.) Sallie James, 8231 NW 68 Avenue, Tamarac, spoke of Tamarac's Pit Bull Ordinance, dangerous dogs and breed specific ordinances. Community Development Director Bramley said staff is aware of the incident and our Code is written for breed specific dogs. There is a police report and animal control was on the site. What occurred does not fit under the auspices of our Code, and she is meeting with the City Attorney tomorrow and we are working on the issue of the way our code is written. City Attorney Goren said there is a dangerous dog statute and we are looking at amending our code to embrace the state statute. However, in the state statute, the first bite is "free", and is this session of the legislature there are several Bills being reconsidered regarding dangerous dogs as this is of great public concern. This Commission has paid close attention to the matter. BSO Chief Duguay said BSO has a good working relationship with Code Enforcement and there is a great push on to identify Pit Bulls in Tamarac. Additionally, BSO goes to the Homeowner Association meetings and asks people to call Code Enforcement or BSO and report the dogs. Commissioner Dressler said when staff meets tomorrow he would like them to consider language in the ordinance "substantially conforms" and the fact that our code does not allow for a first bite event; he would ask staff to look at language requiring a muzzle, and consider an interpretation City Commission Regular Meeting Wednesday, January 14, 2008 Page 4 of 8 of the language. Mayor Flansbaum-Talabisco said she would also like consideration given at the meeting to what happens if a dog is tethered with a rope and chews through the rope and runs free. Commissioner Bushnell asked if it is legal for an association to have stronger rules than the City or State and City attorney Goren spoke about deed restrictions or restrictive covenants, which can not be enforced by the court system. They can, however, be more stringent and do not require first bite language. The problem is with enforcement by the associations. Mayor Flansbaum-Talabisco announced that Ken Gillespie, a Tamarac resident, has been appointed by Governor Charlie Crist to serve as a Circuit Court Judge. Jeffrey Armand, 5600 NW 59 Street, Tamarac, said he is president of the Wood Glen Homeowners Association, and of the 40 units, eight are in foreclosure. Mr. Armand asked for assistance under the Neighborhood Stabilization Act and asked for assistance with the liens and fines Code Enforcement has placed on the community. Mayor Flansbaum-Talabisco suggested Mr. Armand speak with Community Development Director Bramley and the Commissioner from District 1, Commissioner Bushnell. Commissioner Bushnell said Mr. Armand needs to write a letter and as soon as it is received she will discuss the matter with him. CONSENT AGENDA 6. City Manager Miller said at the workshop meeting on Monday there was discussion regarding pulling Item 6(h) on the consent agenda for discussion and a presentation. All were in agreement. City Manager Miller announced the addition of Temporary Resolution No. 11566 to the consent agenda as item 6(1): A resolution of the City Commission of the City of Tamarac, Florida, recommending the appointment of City Commissioner Pamela Bushnell and Arthur Spector to the Broward County Planning Council; directing the city Clerk to transmit a copy of this Resolution to the Board of County Commissioners for Broward County; providing for conflicts; providing for severability; providing for an effective date. Commissioner Dressler seconded by Vice Mayor Atkins -Grad moved the addition of Temporary Resolution 11566 to the consent agenda as Item 6(i). On roll call Commissioner Glasser voted "yes", Commissioner Dressler "yes", Commissioner Bushnell "yes", Vice Mayor Atkins -Grad "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried. Vice Mayor Atkins -Grad seconded by Commissioner Glasser moved approval of all items on the consent agenda with the exception of Item 6(h), which had been pulled for discussion. On roll call Commissioner Glasser voted "yes', Commissioner Dressler "yes", Commissioner Bushnell "yes", Vice Mayor Atkins -Grad' "yes', and Mayor Flansbaum-Talabisco "yes". Motion carried. a. APPROVAL OF MINUTES: Approval of minutes from the December 10, 2008 regular city commission meeting. APPROVED b. TR11538 — EDI GRANT AWARD AGREEMENT: A Resolution of the City Commission of the City of Tamarac, Florida, accepting FY2008 Special Project Grant City Commission Regular Meeting Wednesday, January 14, 2008 Page 5 of 8 No. B-08-SP-FL-0156 in the amount of $147,000 from the Department of Housing and Urban Development; authorizing the appropriate City Officials to execute a grant agreement between the Department of Housing and Urban Development (HUD) and the City of Tamarac for reconstruction of the Tamarac Recreation Center; providing for conflicts; providing for severability; and providing an effective date. RESOLUTION NO. R2009-001 C. TR 11527 DESIGN SERVICES FOR MEDIAN IMPROVEMENTS ON NOB HILL ROAD: A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City Officials to execute an agreement with Corzo Castella Carballo Thompson Salman, P.A., for professional design services for median improvements to Nob Hill Road, from Westwood Drive to Southgate Boulevard, to include design for landscaping, irrigation, curbing and brick pavers within the medians for an amount not to exceed $45,800.00; authorizing budget amendments as needed for proper accounting purposes; providing for conflicts; providing for severability; and providing for an effective date.. RESOLUTION NO. R2009-002 d. TR11529 SIDEWALK RESTORATION: A Resolution of the City Commission of the City of Tamarac, Florida, authorizing an expenditure not to exceed $50,000 for sidewalk repair and replacement utilizing the Southeast Florida Governmental Purchasing Cooperative Agreement with Straightline Engineering Group; authorizing budget amendments for proper accounting purposes; providing for conflicts; providing for severability; providing for an effective date. RESOLUTION NO. R2009-003 e. TR11537 FIRST AMENDMENT TO CINGULAR WIRELESS PCS LEASE AGREEMENT: A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City officials to execute first amendment to the PCS site lease agreement with new Cingular Wireless PCS, LLC, to amend the notices paragraph, and to relocate existing antennas located at one hundred feet to a new height of eighty-eight feet on the cell tower located at the Water Treatment Plant. RESOLUTION NO. R2009-004 f. TR11546 SUPPORTING "BUILDING CITIZENSHIP IN THE COMMUNITY: BACK TO BASICS" INITIATIVE: A Resolution of the City Commission of the City of Tamarac, Florida recognizing the "Building citizenship in the Community: Back to Basics" Initiative of the Florida League of Cities, Inc., and pledging support for this statewide effort; providing for conflicts; providing for severability; providing for an effective date. RESOLUTION NO. R2009-005 g. TR11547 —.EXPANDED AIR TRAVEL TO TALLAHASSEE: A Resolution o the city Commission of the City of Tamarac, Florida, urging the Board of County Commissioners for Broward County, the Broward County Aviation Department, and the Federal Aviation Administration to provide or arrange to provide expanded air travel service between the Fort Lauderdale — Hollywood International Airport. RESOLUTION NO. R2009-006 h. TR11543 RELAY FOR LIFE EVENT — IN -KIND SUPPORT: A resolution of the City Commission of the City of Tamarac, Florida, approving a request on behalf of the American Cancer Society for an in -kind support for the Tamarac Relay for Life Event City Commission Regular Meeting Wednesday, January 14, 2008 Page 6 of 8 benefitting the American Cancer Society to be held at Tephford Park beginning at 6:00 p.m. on Friday, April 17, 2009, and ending on Saturday, April 18, 2009, at Noon; providing for permits, proper insurance and execution of hold harmless agreement; providing for conflicts; providing for severability; and providing for an effective date. REMOVED FROM CONSENT AGENDA FOR DISCUSSION i. TR11566 RECOMMENDING APPOINTMENTS TO BROWARD PLANNING COUNCIL: A Resolution of the City Commission of the City of Tamarac, Florida recommending the appointment of City Commissioner Pamela Bushnell and Arthur Spector to the Broward County Planning Council; directing the City Clerk to transmit a copy of this Resolution to the Board of County Commissioners for Broward County; providing for conflicts; providing for severability; providing for an effective date. RESOLUTION NO. R2009-007 END OF CONSENT AGENDA h. TR11543 RELAY FOR LIFE EVENT — IN -KIND SUPPORT: A resolution of the City Commission of the City of Tamarac, Florida, approving a request on behalf of the American Cancer Society for an in -kind support for the Tamarac Relay for Life Event benefitting the American Cancer Society to be held at Tephford Park beginning at 6:00 p.m. on Friday, April 17, 2009, and ending on Saturday, April 18, 2009, at Noon; providing for permits, proper insurance and execution of hold harmless agreement; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Goren read Temporary Resolution 11543 by title. Commissioner Dressler seconded by Vice Mayor Atkins -Grad moved approval. Director of Parks and Recreation Warner gave a presentation. Mayor Flansbaum-Talabisco said she is very satisfied with the answers to the Mayor and City Commission's questions at Monday's workshop meeting, and announced the Fran Wilson is here representing the community and making this event a partnership with the City. Commissioner Bushnell said she is impressed with staffs diligent work in answering the Mayor and City Commission's questions in such a short time. Commissioner Dressler questioned grading at the pump station and Director of Parks and Recreation Warner explained it is cleaning out downed trees and there is no direct fiscal impact to the City. Commissioner Dressler questioned the rationale for overnight camping and Mia Whitman, American Cancer Society, 3363 W. Commercial Boulevard, explained the event starts in the evening, because cancer never sleeps and we bring the community together to remember those who are survivors and those who lost their lives to the disease. We show support throughout the night; sundown is the cave of those suffering the disease and sunlight brings new hope. Commissioner Glasser said she is satisfied with the security for the event. Mayor Flansbaum-Talabisco said she is also satisfied with the explanation of the different types of grass and the fact that the grass at the site is durable; Mayor Flansbaum-Talabisco suggested sending a blast email throughout the City so people will know about the event. On roll call Commissioner Glasser voted "yes", Commissioner Dressler "yes", Commissioner Bushnell "yes", Vice Mayor Atkins -Grad "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried. RESOLUTION R2009-001 City Commission Regular Meeting Wednesday, January 14, 2008 Page 7 of 8 REGULAR AGENDA ORDINANCE(S) -- FIRST READINGS There were no ordinances for first reading. PUBLIC HEARING(S) 7:00 PM OR THEREAFTER RDINANCE(S) — SECOND READINGS 7. TO2170 - RED LIGHT CAMERAS: Motion to adopt Ordinance on first reading creating Chapter 14.5 of the Code of Ordinances of the City of Tamarac to be called "the Tamarac Dangerous Intersection Safety Act"; and new Sections 14.5-1 through 14.5-15 providing for intent and definitions; establishing an enforcement program within the City; authorizing the City to permit and implement the use of unmanned cameras/monitoring devices for red light infractions; providing enforcement procedures, including notice, appeal hearings, penalties, imposition of administrative charges and collection; providing for exceptions; providing for codification; providing for severability; providing an effective date. City Attorney Goren read Temporary Ordinance 2170 on first reading by title. Commissioner Dressler seconded by Vice Mayor Atkins -Grad moved adoption. City Attorney Goren gave a presentation. Mayor Flansbaum- Talabisco opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Commissioner Dressler voted "yes", Commissioner Bushnell "yes", Vice Mayor Atkins -Grad "yes", Commissioner Glasser "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried. ORDINANCE NO. 0-2009-001 QUASI-JUDICIAL HEARING(S) There were no quasi-judicial hearings scheduled for this meeting END OFQUASI-JUDICIAL HEARING(S) END OF PUBLIC HEARING(S) There being no further business to come before the Mayor and City Commission, Mayor Flansbaum-Talabisco adjourned the regular meeting of the City Commission at 8:55 p.m. eiL Marion SWenson, CMC City Clerk Beth Flansbaum-Talc isco, Mayor City Commission Regular Meeting Wednesday, January 14, 2008 Page 8 of 8 1 1 A RIM F.m L_ 6 R Ilene Lieberman Commissioner, District 1 e-mail: ilieberman@broward.org JAN 8 2009 December 16, 2008 Mayor Beth Talabisco City of Tamarac 7525 NW 881h Avenue Tamarac, F 33 1 Desiree H. Barnes, Aide Dorothea Lantz, Admin. Coordinator 954-357-7001 FAX 954.357-7295 District office: Scott Medvin, Admin. Coordinator 1 North University Dr., Room 111A Plantation, FL 33324 954-357-8550 FAX: 954-577-2331 I would like to take this opportunity to request your assistance in suggesting two individuals who would sit as my appointees to the Broward County Planning Council. Each County Commissioner individually appoints two members from their respective nine County Commission districts, one member in each district being an elected municipal official and one being an elector not holding elected public office who is a resident of my District. I am asking that all of the Cities within my district adopt a resolution naming two individuals. One must be a municipal official. The other must be an elector not holding public office, who must reside in my district. In the essence of time, I would ask that you please do this as soon as possible. I will then choose my appointees from among those suggested. Thank you in advance for your consideration and cooperation on this matter. If you have any additional questions, please feel free to contact me at your convenience. sion, District 1 Board of County Commissioners, 1.15 South Andrews Avenue, Room 417, Fort Lauderdale, Florida 33301-1801 •- eli',•:;r ruatn, e and eft i.t,V0 Y 11s n Css.7r,:iainn; 7r1 Cnu 1s J BERGER SINGERMAN 4t t. t. c) r t, e ys a l l a w Arthur 1. Spector (954) 712-5159 aspector@bergersingerman.com ARTHLTR J. SPE CTOR Arthur Spector is a shareholder and serves as the team manager for the firm's Business Reorganization Team, resident in the firm's Fort Lauderdale office. Mr. Spector focuses his practice on business reorganization and litigation on behalf of debtors, creditors, trustees, committees, parties interested in acquiring companies or assets, and parties sued by any of the foregoing. Mr. Spector is admitted to practice in Florida, Michigan and New York. He was a United States Bankruptcy Judge in the Eastern District of Michigan for eighteen years (1984-2002), where he was Chief Judge the last three years. He authored 170 published judicial opinions, including 25 in the Dow Corning case alone. Before taking the bench, Mr. Spector was engaged in the general practice of law in Bay City, Michigan, with an emphasis on bankruptcy and litigation. From 1974 through 1976, Mr. Spector served as an assistant district attorney in New York County, New York Mr. Spector is a contributing editor for NORTON BANKRUPTCY LAW & PR.A.CnCE II. He has authored numerous law review articles and monographs. Mr. Spector was an adjunct Professor of Law at the Thomas M. Cooley Law School in Lansing, Michigan, and instructed at law schools, and innumerable professional and judicial seminars, including MatVs Asbestos Bankruptcy Conference, December 6-7, 2004. Mr. Spector's publications include the following: "Sug�fftiorz Plug the No-Fadt Act's Notoriw LoTW4" 1997 Detroit College of Law at Michigan State University Law Review 777 (1997); "Who Watches the WatdxW. ," NACTT Quarterly, Vol. 10, No. 1 (October 1997); `Bankruptcy," 1998 Detroit College of Law at Michigan State University Law Review 365 (1998); "Bankruptcy," 1999 Detroit College of Law at Michigan State University Law Review 317 (1999); "Bankruptcy" 2000 Detroit College of Law at Michigan State University Law Review 563 (2000); "Disdkarges of Nor -Debtor Parties," American Bankruptcy Institute's Central States Bankruptcy Workshop 2000: Educational Materials 131 (June 2000); "Tnistees to PRPs: -Pk ase Join Me in Cleaning Up This Mess," American Bankruptcy Institute Journal, Vol. NMI, No. 5 (f une, 2003); "Ayrrnd Rule 2014(a) to Indude a Rule of Reason or Safe Hater Guidelirxs," American Bankruptcy Institute Journal (December/January, 2005); co-authored Defense of BankruptcyE ze Payrrerrts Likely to Be Easier, Daily Business Review, March 30, 2005; co-authored "Banknrptcy Cale Recision Fawn Cov� Landlords," Florida Real Estate Journal (May 16-31, 2005); co-authored "Urnlis� Hortnte2d Exemptions Meet BAPCPA' 522(p)," Bankruptcy Court Decisions, Volume 45, Issue 12 (November. 1, 2005); co-authored "Liberalization of Section 547(c)(2) Gw Defendants a Pouerful Choxr," Bankruptcy Reform 2005 LRP Publications; co-authored "Thanks to Chapter 15, South Florida Should See Wave of Transnational Insolvencies", International Quarterly (Spring 2007); authored "Making Sense of New Rule 6003. Interim Approval of the Retention of DIP Professionals", Bankruptcy Court Decisions, Vol. 49; Issue 11 (Feb. 19, 2008) and authored "Second Cirmit Clarifies that the Bankruptcy Cart Lackal Junsduzion to Enter `Clarifying Oizler' in Jams-Manule, Norton Bankruptcy Law Adviser (May 2008). 350 East Las Olas Boulevard Suite 1000 Fort Lauderdale, Florida 33301 Telephone 954-525-9900 Fax 954-523-2872 Arthur J. Spector Page 2 He is a member of the American Bankruptcy Institute and of the National Conference of Bankruptcy Judges, where he served on the Board of Governors and committees. Mr. Spector earned his juris doctorate cum laude in 1974 at the Boston University School of Law and his Bachelor of Arts degree at the City College of New York in 1971. He was ranked in Bankruptcy/Restructuring in Chambers & Partners USA Guide (2005-2008), an annual listing of the leading business lawyers. He is also listed in The Best Law)m in A nznr a 2009 in the area of Bankruptcy and Creditor -Debtor Rights Law. Since 2006, Mr. Spector has been named to the "Florida Stor Lav�m" list compiled by Law & Politics magazine, which recognizes Florida's leading lawyers as chosen by their colleagues. Mr. Spector has achieved an AV rating in Martindale -Hubbell. Significant Representations: • Coordinated worldwide litigation on behalf of committee of creditors overseeing the liquidation of a debtor post -chapter 11 plan confirmation regarding allegedly fraudulent schemes by a former director and numerous accomplices involving dozens of companies on several continents and over $160 million • Represented low-cost airline with large antitrust claim in negotiations and potential litigation against legacy air carrier in its chapter 11 case. • Represented purchaser of larger bankrupt retailer's intellectual property and website • Designed and executed strategy to obtain confirmation of large restaurant chain's reorganization plan in heated competition with a creditor's plan 350 East Las Olas Boulevard Suite 1000 Fort Lauderdale, Florida 33301 Telephone 954-525-9900 Fax 954-523-2872 City of Tamarac Page 1 of 1 Welcome City Government City Departments Employment Opportunities Online Services Businesses Other Links Mayor Beth Talabisco Vice Mayor Atkins -Grad Comm. Bushnell Comm. Glasser Comm. Dressler C iy_ Sys � }m;rtswG . Comm. Bushnell Pamela Bushnell - District 1 Gommunity S,eryl.cv • Current President, Mainlands 1 & 2 • Graduate, Tamarac University (2008) • Participant, BSO COP (Citizens Observer Patrol) Program • Past Secretary, Treasurer, & Board Director, Mainlands 1 & 2 • Editor, Mainlands 1 & 2 Monthly Newsletter • Volunteer, Calvary Chapel (Fort Lauderdale) • Secretary & Treasurer, Mainlands 1 & 2 Women's E-mail Commissioner Bushnell Club PamelaBO.Tamarac.org • Board Member, City of Margate Committee for the Disabled • Board Member, Town of Sutton Zoning Board (New Hampshire) • Chairman, Adopt -A -Highway Program (Sutton, New Hampshire) • Board Member, Schenectady County Community College (New York) • Board Member, Financial Development Chair. & Counselor, Haven of Schnectady (New York) • First "Woman of the Year" Award Recepient, Schenectady (New York) • Member, American Professional and Executive Women • Big Sister, Schnectady Big Brothers/Big Sisters • President, Vice President, Financial Development Chairman, & Corporate Giving Chairman, The Arthritis Foundation of Northeastern New York • Publicity Chairman & Chorus Member, Albany Institute of History & Art (New York) • Choral Director, Corning Senior Citizen's Center (Albany, New York) • Teacher & Fundraiser, Junior Achievement of New York • Softball Coach, NYS Association for the Blind (New York) Professional Experience • Office Manager, Turtle Pond Tree Service, 2005 - 2007 • Thrift Shop Manager, Junior League of Greater Fort Lauderdale. 1996 - 2003 • Marketing Operations Director, The Lawrence Group, 1982 -1996 • Administrative Assistant, The Lawrence Group, 1980 .1982 Edt{ootion • Graduate, CAM (Community Association Management) • State A&H and P&C Licenses (New York & New Hampshire) • Wheaton Community High School Personal Bom: July 21, 1942 Family: 3 Children (David, Deborah, Suzanne) and 5 Grandchildren (Alexander, Allison, Christopher, Joseph, Kayla) ® lm� © ® M iM* IC E•wi.n Fr•pata a•vltch IWwn Porluq�6. E.pmma ".0 E>.k"t , akWe I. Not* PRxRR 113iot 8*9. QjagI lmjf I gontact Us I §gggestians I ftCittlietutnd.RgLU I I.ap City of Tamarac 7525 NW Beth Avenue, Tamarac - Florida 33321 Main Phone Number (954) 597-3500 Under Florida Law, email addresses are public records. If you do not want your email address released in response 1. a public records request, do not send electronic mail to this entity. Instead contact this office by phone or in writing. http://wrww.tamarac. org/city-government/comm-bushnell.aspx 1 / 14/2009 01/13/2009 14:37 9547970927 ESO PIO • TM08-12-03382 Broward Sheriff's Office Event Repot Ashley, Scott 8329 FVPft kkFftk utATWw E V E N T V a V C T w i T N E S 5 P R 1 V C T t M W T N E s s a PAGE 01 12/31/2W8 6:18-45 AM Page 1 of 3 Inforwatian - PnlicAs iNi:he�Y: Retail In Description IwelA�r �W NO111 12/30/Aa OlyI Tuesday Tpr 12/3WO Taasday TU.A 7L1:iS Td 11:28 OO'd i � Original i6831 "W 84th Street Tawarac Florida 33321 zVw 770S Su f lower Housing - other Housing: Specif 9 ❑ Juvenile ❑ Hate Crime (� Domoxtic Valence ❑ Tnmf t ❑ Trsspasa 1 c4a. No rnry NO [] Gang [] Crirn*s Against Elderly (Speaal Erdoroement Code) 2/ g� li�.-17 Ali 2 M 11:27 c12 :3 Associated Affidavit ❑ PC / ❑ Prco" El ❑ on.. F.rwN Forms Transcript ReceiQ► Storage t ONAtiA� OV►y. QCN A-ke-s cow r —Ow r . vk+rws w,w..iea CCM i'►rrau. �� • r P,*—*6 E KA. Cawwtwwft 91nA1.. yVe�1M t�{ 0, A L qr N— w vk" i—ww VMR OmwW r wa fdI1.1 V"M 9a N"M V+uk. 9u06+AW Adr... PP er n Reporting M t Sallie rwrw Rom White Mrs me Fawn le 08/Al2/61 cos 47 eieary yin Mon Nis is Orkin 8231 NW 68th Ave. Taa:urac Florida 33321 9< 54> 722-1627 ceft> ego -vow 4 g02..-925N TT — Weak AM— w Oft— w D•he• CPMG N.te.. AdL..E rrrr &gcn►w+et /8mor Sun Sentinel �"P"tla"r°rds Re rter 9-00yMON AALO 6501 Nab Hill Rd Tawarac Florida 33321 OVO NOW <954> 572-2080 P*AWW 6r TWO MR OW 4YbrM Akai. 4 WO.." Full Year lieIb AAIAAM pdAwAA�„.. ••----__. V-"City 0 ❑ Q H/� dmawr�, A Edo �rt•rnv. None MiA KM/H i OM- ►Yw U is t im �..� w,r PiM W^. a Luck (iwbriQ la ►�sw reap White HWO AANerr Fewa7a B?/2o/49 9 Won HI*Vanic Ori in 8231 NIA 68th Ave_ Tanarac Florida 33321 <954> 722-1627 EINW Adds <Bt> 0AN-00N(� C888> LwAt A. We" 00 01• p Woomm t one G.wnn N.me edw.w rt.w,r 1 e•vror•em ixa,oa o.aa stu ent t AM war Pnwr � O' City d�Y �Yiwd1 No ..AYI••GII F r Mu© ApQgq Vt'MIMIYM mom"** t VWf 0 a N/Rh A p b ow.4.. E,+a+d �1vr �r rpA HXnor Laceration r bi9atct VN r MM7 r -ffiE 2291 ' Pence^ C4n'P�^er'W S�rNx�ed V Feleyanchq W vd de !A=40 F019WW Pa•Mal+ ., .. E Ij tp�aWAcSutiiM4 h to VeIIiCM SQKW F4ehaee I I Paean C. L W.aV EYSA Co Na". A¢rr.m. Phone E Lon HONer Nemo. Addeal, MOM Vaeeel Name Vemi NMoh Null A�Isy) Reco.mv LocdOoA fiscw.y Adml Roo -sly Code Q%Irvel RWnWq AaancV VMIc* PORE verwA7 COnw"kcm Awwwoo.r• PVeow By 7 NrG7eWyp* A To.k� COlRparly NM'M T**N CDmpgnY Addreaa, PharM V c T M w T N E s s v R 3 V I Ci T m POW e Wpphla. Bm Type aaM AemvereA vewe Remvered Repar! Number +.sir` a;• .. Pereon Type Mentioned Last M r PRiumra Find lMmo Michael MiaNs Nerve A. Face eaa DW Ape US** «.,.....•••.•• White Male 18/18/89 i9 Hispanic Ori in Hang Addr.ee 6631 NW 84th Street Tamarac Florida 33321 $ 0" phww Paver NunEe I c.AUI wU"t r t?•Mee Addees <954) 366-6984 (000) Rios-B800 (954) 865-7165 Local Ad"ft anr} Phaq y CW%reM OR* CaMb.1 Ne-e, Ammm. Phaw &noftawn / &RIM Publix Orxwwwrr/ wea Ba or F+'roft-.M Add.. 814B W. McNala Rd N_ Lauderdale Florida Walk Dh- (954) 722-0599 Fe.danay Typo P.auwraY Full Bteh.a Drug MIAri+pe KAiMNIM+arlae AfhaTVl VlCp.hryYerbee Year NendpmMCity A eae n ar.Adn BateM al lnlury M_�+ryAym TYP+ "A"A Hone FNI A F.roOA Type Leaf NAme Flnl Nan* _ watYa Nerve Feoe Ber bpg Ag. ElhnkeY Wab A41rpe woaw P"WW power NLrrr�r GeWM Nunpr E,Morl rkbsea W Local Addletl hrd Pho M 0,Nererd I T ofw C-40 i Name. Addroee, Pharq N 6 En ployrrMnl / Sa)w E^�Ymem A106" P R needy TYIM %MI Jio a plerder FYI Legal Nae vk*sm BoµyeV Name 8 v- ahn9 pkmbe nq Stow Drug km — all yType vlp;m DuwMw Noma IDDe I �— I Crida WeA. Phase Atalal IMar�np Altdav} WCIN/vWarNq Ransnpk Vv.e 0 0 lMby Tree vktmf 0u61rae Plwrr -. •.• ._..__—. 2291 01/13/2003 14:37 9547970927 BSO P1O PAGE 03 t TMOS-124n=2 Broward Sheriff's Office Event Report 12f312008 6=18:45 AM Ashley. Scott 8329 Page 3 of 3 On 12/20/08. at approximately 1120 hrs. I was dfsfPatchid to 5831 MW 84th Street. Tamarac. FL, in riferesnce to anin3ury caused by a laoan dog. Upon ax-rival I n►et with James, Sallie_ She told VW that her. daughter, Oontgeluck. Gabriela. was wa]-Uing an the sidewalk and a neighbors dog scratched her leg. When I arrived Tamarac Rescue was treating Gootgeluck. GAbriola for a wretch an her loft leg. It atarted just below )+or shorts and went down to just above her knee_ The seratch was Miner and she was reloased on scene_ Gnetgeluch. G briela told ne that she was with her friend who walking her dog when two days; ran towards theme f"m 6931 MW 84th Streit_ one of the doffs ju-Wed on her causing the aCratch on her leg. The Other dog grabbed her friends dug by timit back and dragged It into the back yard of 6831 NW 84th Steles!. The yard had x chain link fences. i+awowma the gate was OpOn, Several, neighbors aszlstsd and followed the dog: :into the yard. They wee -a able to reaovar the dog that was dragged into the yard_ The dog was app*rintly not 3.njwred_ 1 spoke with Rivera. Michael who Hues at 6831 MW 84th Stroet and owns the dogs. He told kwa that the dogs ware in the back yard with the renca gato closed,. hnwevor No said that peoples cut thriugh hie back yard fram the Mission Lakes Rpartgents all the aline, and they leave the gate to the fence open. I suggested that he purchases at pad lock and keep the gate locked_ He =aid he was going to look into hawing the fence meth highea- so tkhmt the dogs wrul.d no71e able to JUMP Over it_ I gave .fames, 8a111s a case card and told !bar how *be could get a copy of the report_ Sig at Sgt. R. Cobb. # 9333 22911 01/14/2009 10:10 9543596294 ANIMAL CARE BR©WARD PAGE 01 COMMUNITY SERVICES DEPARTMENT ANIMAL CARE AND REGULATION DIVISIO 1 E,70 Southwest 39 h Street Fort Lauderdale, Florida 33315 Phone. 954-359-1313 Fax. 954-359-1349 TO: Sally James DATE: 1 /14109 Sun Sentinel FAX it. 954-5722070 PAGES: 7 (Including cover page) FROM; LFDavis Broward County Animal Care & Regulation SUBJECT: Incedent Report on 12/30A)8 - Gregory Baez Dear Ms. James: Per your request, find attached a copy of the Animal Care Records for the incident involving 2 dogs that were loose but did not bite another animal or human. If you have any further requests, please: do not hesitate to contact the undersigned. Cordially, LFDavis groward County Aimal Care & Regulation (954) 359-1313 Ext. 2484 (954) 359-6294 Fax Ifdavis@broward.org Attachments 01/14/2009 10:10 9543596294 ANINIAL CARE BROWARI PAGE 02 , GARB AND REOULATION DPnF:-7 .........__ _ L I'O ANIMAL BITE REPORT WORKS VICTIM INFORMATION BITE ANIMAL, & O*WEP, JNFORMATION Name of Britb= Animal Dwyer: Sally James PO 1%456 Address 1231 NW 63 Avemh¢ Taixwac, Fl. 3.1321 Home Phoebe (954) 722-1627 Phone— (954) 8112JR50 ame o Fd—m hrn Age Se Date ofBitc: 12/30/09 Address V am I site Occhhnred: Nam ofBite Animal's Owner: - Address. 61131 NW 94 Stre t'if ff m Fl. 33321 Hom P Alt Phcmc (954) Des<aiptim of Anuoai- 2 K-9 BreedPit Bh>Il Agate M Naam ofBhc Animal's Ve rian;- Addmss of Pusan Rcpo&mg Bite: SAA Pb, sae Number Vaccinated (Circle one) p c 1(95 t) SAA Yes (Date: ) No uniomown Bid a Taken g� I ' D8 Tak ra - Yes (1�emr-) o Ualaropwn atcurasrances o xteS: t tear FriendiTiu� a Two . s hn� ese to look Place of Qumamine: � ConwofmcedL their Attacked pangs and �ged ow into yard. Nei bob assisted with 19 yr old owner w d gat -dogs into their yaord The lock on the back gate w1�he the dogs came from is not smxwc. No bite Nahms and Location IDFNM9— Dude Released Was 1MtAniuwl Vaccbmed7 (Circle One) ITc-3: -) No - Uukaawn Victim Notified At End of Qwnw6ne Period? Yes (Date) No .;" t amarac, assisted in the rescue of the pup aloe; with the 19 year old f m the bite dogs .me.' p T'amww BSO Report OU4)r1203392. Paws were not Mums Need to -check on current vaccines and liOmw On pit bulls a & well as cite forat larr, e. Officer Remarks: CA30MI # Bite Number - Poem (Rcvased D * Quairmti". (circle One) Ani ind Died was Dame Explaiii Under Remarks laboratory Findings FEES: Due at Tithe of picim p Owned Animal Pidmp Fee: $ 3o,00 Doe at find of Qnwndw Period ' Bite Investigarian Feae$ 35.00 Bowling Fee .___ t140.00 t Muzzle Order (Circle One) Oific er ID ) Yes �Noj Bite Animal ID: Ayg PLEASE FAX COMrPLETED FORM To- (954) MLQ9� Pkase report all bites to: (954) 359-1.313 Ext.: 484 Mon — Thursday 9.00 — 4.30 Fri 8:00 am —12.00 pm 01/14/2009 10:10 9543596294 ANIMAL CARE BR©WARD PAGE 03 BROW ARD COUNTY ANINLkL CARE & REGULATION kCT IVITT Y LUGS Date: l �,ZC'� Activityfi: A08-103723 Handling Officer: Al. 311S 4. Comments: S Nnz Li GL1 �- o cF cr sae Z Date: Handling Officer: Comments: Date: Handling Offli cer: #: Comments: 01/14/2009 10:10 W 44893, 9543596294 ANIMAL CARE BRQWARP Broward County CnrmunityServices Department ANIMAL G-ARE AND REGULATION DIVISION 30-DAY VIOLATION WARNING FORM Fort Lauderdale Animal Sh elter 1870 S•W. 3911' Street Fort Lauderdale, Florida 33;:15 954-359.1319 Pompano Beach ANmal Shelter 3100 N.W.19t' Terrace Pompano Beach, Florida 33064 954-970.0130 PAGE 04 / � Chapter 4 Y'S'ection 4-10 Rabies Vaccin 3tion 3� Section 4-11 Licensing of Dogs and Cats Owner's/Caregiver's Name: a-r— Number of Animals: Address: f City/Statezp: ;114 i a'YLC 4 hDrlry"Id�s b —Drivers L ic/Other ID: Z6©z _ Birth Date: Officer's Comments; ,� _ A s Time: 6reedr2ij- _ Color Sex Name d v Breed 11 Color Sex Name Breed Color Sex Name Breed Color Sex Name Breed ColoF Sex Name Breed Color Sex Name NOTICE You will receive a citation with fines ,)f $60 per Section violated for each animal in violation of Section 4-10 (Rabies Vaccinatio i) and/or Section 4.11 (Licensing of Dogs and Cats) if you do not comply within 30 calendar days from the date of this warning, it is our e o sif,iii to avide co oft to ra ies v_ accination cer�L�lWiti ® o Aa C e +117�3Q days. Do NOT rely on your veterinary clinic to mall us the proof. See the back page for Three Steps To Avoid Fines you must follow. All fines and late fees incurred are enforceable through the Broward County Clerk of the Court ;. If you ,have questions about this warning, call 964.359-1319 between 10:30 am and 6 pm Monday o Friday. Officer's Signature: Date: .3 fc> e, Owner or Responsible Person's Signaturg f? , Date: 3aa.aiz www.broward. org/animal �. v-1-7) oft Copy. AnFinal Care acid Regulation Division -Hard Copy; Animal Owner 01/14/2009 10:10 9543596294 ANIMAL CARE BROWARD PAGE 05 VIN AIVI DN ANI1HAt, CARE ,�I11D "XUTLNOON BROWA M COUPM MD COUNTY I 9013VWFSr 39 STREET a= oua FORT LAUDERDALE, FLORXDA 33315 FM UIWMMA77ON Fr t AiJMDALF ............... (9$4) 359-131$ GREGORY BAE.Z FOWAN EACH ........... (954) 359,Mg 6831 NW 84 ST TAMARAC FL. 33320 LICI NSE & RABIES VACCINATION CERTIFICATE TAG INFORMATION New Tag Issued; LOW 5520 Receipt #: R08-002361 Date Issue(L11 /27Q )Amouni ANIMAL INFORMA'L'ION Animal Name: BRUNO Animal, ID Number. A124885$ Species: DOG Prominent Breed: MASTLFF Secondary Breed: PIT BLJJ-L Coior(s): GOLD/WW FE Sex: M VACCINATION INFORMATION Date Vaccinated: 7 008 Vaccination Expires: 1 " /27/20Qg Vaccine: Serial No: Veterinarian: HUMANE SOCIETY OF BROWARD COUNTY License #: G000079 Person ID #: P0337206 Last Name: BAEZ Addres.5: 6931 NW 84 91, CO.- TAMARAC Home Phone #: 8267050 OWNER INFORMATION First Name: GRtOORY Scats: FL Zip: 33320 Other Phone #: $267622 01/14/2009 1a;10 9543596294 ANIMAL CARE $ROWARD PAGE 06 d �►N o a a a� 4 CITATION NO. �f�lllilfl!l�fllfl111111f 1I�I�f��llflffl A"° 0125024 i�fl�ff�if �l�l111� Brewers County Board of County C4mmisswrws D ANIMAL CARE AND RI GVLATJOH 0"S" 1r3� CQ Violation , Date 421, i—o e 0 SX:II AM PM LmlpB s Mme r Agemy Officer's S' nature Badge (� Violators Name Last First MI or Address LLB city fate Tip hung rlvpCg llicense 323 �� 2ao 2'27 The updersig ed Icer C OAS that h e s prohaN That caupg to believe on: p .. Breedt � t7olor� � Sex Animal Name 9 # Browgrd unry Urdtnence Chapter 4 �;lOn dt Penalty 4-3 $ 4-10 $ 4-11 4 _ 4-317 $ 4-17 $414.5(A) $_ — 413 S 4-29E $— 4 $ Total Penalty $ Pursuant to Chapter2ffi.FS., a person dgcid(hg to appeal MM decision of a tmari g dicer will need to ensure that a verbatim rebZrd of the P-o"dings Is maize. Each fine lncludea a $5 surgFmrge and a $7.50 Clerk proce$sing W. MLLFUL REFUSAL TO SIGN AND ACCEPT CITATION I$ A MISDEMEANOP. Signature ly ack owledges recelpt of dhation And does not constNuta an admi n dui . Violator's Signature i]ete If you ehoase to contest this citgtion, the hearing li Scheduled in the West Flgglonal Cpurth0um, Room 240. 100 N. Pine I�and (Rd., Plantation at I Time, i -4 0 Data: You must appear on your scheduled hearing Oam and d Contest this ditatlan. +o�attlnr1,Mn(Ak2uo7avna) 'MM 4;k*OfC&J1&'PN FWM.MAN1LbD�hrly/� ` I 01/14/2009 10:10 9543596294 ANIMAL CARE BROWARIb PAGE 07 e l II I f if ANO 0123175 Brower county Qoar4 of County Cotnmissionera ANIµAL CARE AND R9GUL n0N SIoN KVCVM Violation Date I" d TirY+e �d 0 � oC>Lj AM PM Violas Lp0 t0 _OG' _gl k c0 VC IV K/ jekVr t �JQ-- � C Officer's signature 8a0ge 3 !' Viclatoris Name Last First 3 MI a 'C Z �r r Address (.41r3 41AI $' , city State zip has probable Cause to believe $ 4-10 $ 4-11 a (Penalty 4-317 $ 4-17 S 4-14.6(A) $ 4-13 $ 429E $4 / $ Total ftnalty$ Ifs F Purauarn to Chapter ZS6, FS„ a person dWiCfulg io appeal eny decislon of a Ffeadng Officer will n8m to ensure that a verf atim recpfd of the proceedings is made. Each tine includes a $s aurcharge and a $7.$0 cleric processing fee. WILLFUL REFUSAL To SIGN AND ACCEPT CITATION IS A MISDEMEANOR. Slgt only aclutowledges raealpt of citation and does not constitute an isa of au V1010ttars S- o gnature If you choose m contest this citation, the hearin - eduled in the West Fle9lona Cou►thouse, ROOM 240, 100 N, Pine laland Rid.- Ptantgt/ton at: Est ap ear on your acNxlyied Bng,� riyt and 'W7) IAN}OM3D7N) ATE-C+6rk a da+fe.� t0 GOfrteSf this CitdtiDn. •DRMr1n� Broward County Animal Care and Regulation issued two citations to dog owner Greg Baez: (1731 Al W $ 4 1) Dogs at large, fine $67 2) One dog without a license, fine $67 Total in fines: $134 City of Tamarac has requirements for keeping pit bulls which are NOT being obeyed. 1) Dog must be kept inside or other non-public LOCKED premises. There was no lock. 2) Within a totally enclosed, lockable pen with a TOP, a 6-foot high chain link fence. Fence here is about 4 feet high. Gate was unlocked. 3) Dogs are often loose outside the house early in the morning or late at night. 4) City requires $1 million liability insurance policy. City Code Enforcement has the ability to force these people to comply. Code enforcement was contacted about these dogs in August 2008, again in December 2008, plus BSO has a report on record from my incident, and Broward County Animal Care and Regulation cited the owners. 0 a C ANIMALS ARTICLE I. IN GENERAL Sec. 4-1. Definition. The word "animal" as used in this chapter means dogs, cats and other nonhuman living creatures. (Code 1975, § 4-1) Cross reference —Definitions and rules of construction generally. § 1-2. See. 4-2. Animals running at large; impound- ment. (a) No animal shall be allowed upon the public street of the city or in any public place or upon property other than that of its owner unless such animal is securely under control or fastPnPd to a suitable leash of dependable strength not to ex- ceed eight (8) feet in length. (b) Proof of ownership of any such animal found in any public place or upon property other than that of its owner shall be prima facie evi- dence of a violation of this chapter. (c) In the event of a violation of this chapter, the animal involved may be picked up by a police officer of the city, public health officer of the county, the humane society of the county, or any other appropriate and autborized. official, and shall be placed with the humane society of the county or any other similar agency and retained by such agency for at least five (5) days. As a condition of repossession of such animal, the owner shall pay to the humane society or other agency all costs. (d) The term "owner" as used in this section shall be defined as any person owning, harboring or maintaining custody of an animal. (Code 1975, § 4-2) Cross references —Buildings and building regulations, Ch, 5; health, sanitation and nuisances, Ch, 9; parks and recreation, Ch. 1.5; streets and sidewalks, Ch. 20; zoning, Ch. 24. Sec. 4-3. Animal bites; reporting; quaran- tine of animal. (a) If any person is bitten by an animal within the corporate limits of the city, it shall become the duty of such person or the owner of the animal with knowledge thereof to report such incident to Supp. No. 41 279 § 4-26 the police department of the city, or to the appro- priate county department, within twenty-four (24) hours thereafter. (b) Any animal reported to have bitten a per- son shall be kept in quarantine for such period of time as may be designated by the appropriate county department for laboratory analysis by a licensed veterinarian. No liability for compensa- tion to the owner of such animal shall attach to the city by virtue of any such procedure by such county department. (Code 1975, § 4-3) See. 4-4. Duty to remove excrement; excep- tion. It shall be unlawful for any person in control of, causing or permitting any animal to be on any property, public or private, not owned or pos- sessed by such person to fail to scoop and remove excrement left by.such animal to a proper recep- tacle located on property owned or possessed by such person. In accordance with state statute, this provision is waived for blind persons assisted by Seeing -Eye dogs and non -human primates of the genus Cebus, used by a person with paraple- gia or quadriplegia, specially trained and provid- ing personal care services to a paraplegic or quadriplegic person. (Code 1975, § 4-4; Ord. No. 2001-17, § 2, 10-10-01) Sec. 4-5. Feeding animals. It shall be unlawful for any person to feed or cause to be fed or leave foodstuffs for the consump- tion by any duck, wildlife, non -domesticated ani- mals or animals riot owned by the person within the city limits. (Code 1975, § 4-7; Ord. No. 2001-19, § 2, 10-10-01) Secs. 4-6-4-25. Reserved. ARTICL II. PIT BULL DOGS See. 4-26. Definition and description. (a) The term "pit bull' as used in this article shall refer to any dog which exhibits those distin- guishing characteristics which: (1) Substantially conform to the standards established by the American Kennel Club for American Staffordshire Terriers or Staffordshire Bull Terriers; or § 4-26 TAMARAC CODE (2) Substantially conform to the standards established by the United Kennel Club for American Pit Bull Terriers. Such standards of the American Kennel Club and the United Kennel Club referred to above are set out in subsection (b) below- (b) The following are the American Kennel Club standards for the breeds listed: (1) American Staffordshire Terrier: a. Head —Medium length, deep tluough, board skull, very pronounced cheek muscles, distinct stop, and ears are set high. Ears --Cropped or uncropped, the lat- ter preferred. Uncropped ears should be short and held half rose or prick. Full drop to be penalized. Eyes —Dark, and round, low down in skull and set far apart. No pink eyelids. Muzzle —Medium length, rounded on upper side to fall away abruptly be- low eyes..laws well defined. Underjaw to be strong and have biting power. Lips close and even, no looseness. Upper teeth to meet tightly outside lower teeth in front. Nose definitely black. b. Neck ---Heavy, slightly arched, taper- ing from shoulders to back of skull. No looseness of skin. Medium length. C. Shoulders —Strong and muscular with blades wide and sloping. d. Back —Fairly short. Slight -loping from. withers to rump with gentle short slope at rump to base of tail. Loins slightly tucked. e. Body- -Well-sprung ribs, deep in rear. All ribs close together. Forelegs set rather wide apart to permit chest development. Chest deep and broad. f. Tail -Short in comparison to size, low set, tapering to a fine point; not curled or held over back. Not docked. Supp. No. 41 280 g. Legs —The front ]begs should be straight, large or round bones, pas- tern upright. No resemblance of bend in front. Hindquarters well -muscled, let down at hocks, turning neither in nor out. Feet of moderate size, well arched and compact. Gait must be springy but without roll or pace. h. Coat —Short, close, stiff to the touch, and glossy. i. Color ---Any color, solid, parti, or patched is permissible; but all white, more than eighty (80) percent white, black and tan, and liver not to be encouraged. j. Size —Height and weight should be in proportion. A height of about eigh- teen (18) to nineteen (19) inches at shoulders for the male and seven- teen (17) to eighteen (18) inches for the female is to be considered pref- erable. (2) Staffordshire Bull Terrier: a- Head and Skull —Short, deep 40 through, broad skull, very pronounced cheek muscles, distinct stop, short foreface, black nose. Pink (Dudley) nose to be considered a serious fault. b. Eyes —Dark preferable, but may bear some relation to coat color. Round, of medium size, and set to look straight ahead. Light eyes or pink eye rims to be considered a fault, except that where the coat surrounding the eye is white the rim may be pink. C. Ears - -Rose or half -pricked and not large. Full drop or full prick to be considered a serious fault. d. Mouth —A bite in which the outer side of the lower incisors touches the inner side of the upper incisors. The lips should be tight and clean. The badly undershot or overshot bite is a serious fault. e. Neck —Muscular, rather short, clean in outline and gradually widening toward the shoulders. C ANT NLAIS f Forequarters —Legs straight and well - boned, set rather far apart, without looseness t►t the shoulders and show- ing no wFakness at the pasterns, from which point the feet turn out a little. Supp No 41 280.1 § 4-26 ANIMALS g. Body —The body is close coupled, with a level topline, wide front, deep brisket and well -sprung ribs being rather light in the loins. h. Hindquarters —The hindquarters should be well -muscled, hocks let down with stifles well -bent. Legs should be parallel when viewed from behind. i. Feet --The feet should be well -padded, strong and medium size- Dewclaws, if any, on the hind legs are generally re- moved. Dewclaws on forelegs may be removed. j. Tail —The tail is undocked, of medium length, low set, tapering to a point and carried rather low. It should not curl much and may be likened to an old- fashioned puinp handle. A tail that is too long or ton badly curled is a fault. k. Coat—Sinooth, short and close to the skin, not to be trimmed or dewhiskered. 1. Color —Red, fawn, white, black or blue, or any of these colors with white. Any shade of brindle or any shade of brindle with white. Black-and-tan or liver color to he disqualified. in. Size —Weight: Dogs, twenty-eight (28) to thirty-eight (38) pounds; bitches, twenty-four (24) to thirty-four (34) pounds. Height at shoulder: fourteen (14) to sixteen (16) inches, these heights being related to weights. Nonconfor- mity with these limits is a fault. 4 4-26 e. Nose --Wide open nostrils. Any color ac- ceptable. f. Neck —Muscular. Slightly arched. Ta- pering from shoulder to head. Free from looseness of skin. g. Shoulders —Strong and muscular, with wide sloping shoulder blades. h. Back —Short and strong. Slightly sloping from withers to rump. Slightly arched at loins, which should be slightly tucked. i. Chest —Deep, but not too broad, with wide -sprung ribs. j. Ribs —Close. Well -sprung, with deep back ribs_ k. Tail —Short in comparison to size. Set low and tapering to a fine point. Not carried over back. Bobbed tail not ac- reptahle. 1. Legs —Large, round -boned, with straight, upright pasterns, reasonably strong. Feet to be of medium size. Gait should be light and springy. No rolling or pacing. in. Thigh --Long with muscles developed. Ilocks down and straight. n. Coat —Glossy. Short and stiff to the touch. o. Color —Any color or marking permis- sible. p. Weight —Not important- Females pre- ferred from thirty (30) to fifty (50) pounds. Males from thirty-five (35) to sixty (60) pounds. (3) American Pit Bull Terrier: OCCIPUT TnrL we a. Head —Medium length. Brick -like in FOREHEAD shape. Skull flat and widest at the ears, ''Up "Z2LE with prominent cheeks free from wrin LOIN CR kles. U�aF¢ OG b. Muzzle— Square, wide and deep. Well- T—N s`'0 7'NIVH �r pronounced jaws, displaying strength. po!HT OR Upper teeth should ineet tightly over SII VI.DY.R KNEE )H 'f. { lower teeth, outside in front. c. Ears —Cropped or uncropped (not im- PASTERN JOINT FRONT 4 portant). Should set high on head, and Pp, PERN be free from wrinkles. HOCK d. Eyes —Round. Should be set far apart, PAD low down on skull. Any color accept- (Code 1975, § 4-10) able. 281 JOINT POINT OP MOCK RRAR PASTERN OIL HOCK § 4-27 Sec. 4-27. Keeping generally. TAri1ARAC CODE It shall be unlawful for any person to house, maintain or harbor within the city any dog which substantially conforms to the standards enumer- ated in this article, except in accordance with the regulations contained in this article. (Code 1975, § 4-11) Sec. 4-28. Confinement; muzzling. Every person having the custody, ownership or control of any pit bull dog within the city shall keep the same secure as follows: (1) Within a residence or other nonpublic locked premises; (2) Within a totally enclosed and lockable pen, with a top, constructed of six -foot -high chain link fence, or an equally secure material; or (3) Muzzled and on a leash of a length no greater than eight (8) feet held securely by a person. (Code 1975, § 4-12) Sec. 4-29. Registration. Every person having the custody, ownership or control of any pit bull dog shall register such dog with the city clerk on forms provided for such pur- pose. The clerk shall provide a copy of this article to each person registering a pit bull dog. The reg- istration form shall include or provide for, but not be limited to, the following information: (1) Name, address and telephone number of the owner or lessee of the location where the dog is kept. If the dog is kept at more than one (1) location, information on all such lo- cations must be supplied; (2) The dog's breed, age, sex, color and distin- guished physical characteristics; (3) A color photograph of the dog of at least three-inch by five -inch dimensions and of sufficient clarity to be used for identifica- tion of the dog; 282 (4) A copy of the record indicating that the dog has the require preventive inocula- tions and medications required under local, county and state law; (5) Evidence of the liability insurance policy required pursuant to this article; (6) A duly executed affidavit indicating that the owner has received a copy of and knows the requirements of this article and agrees to abide by the requirements. (Code 1975, § 4-13) Sec, 4-30. Registration foe. At the time of registration of a pit hull dog, the person registering such pit bull dog shall pay a registration fee of fifty dollis ($50.00) in order to defray the costs of registr tion and regulations hereunder. (Code 1975, § 4-14) Sec. 4-31. Insurance req�_rements. Every owner of any pit bull dog which is brought or kept within the city shall, at all times that he owns such dog, maintain a iability policy in full force and effect in a face a ount of one million dollars ($1,000,000.00) to pro =t the general public from any injury or harm that the pit bull dog may cause. (Code 1975, § 4-15) Sec. 4-32. Violation. It is unlawful for any person to be in possession of an unregistered pit bull dog or in possession of a pit hull dog contrary to the conditions of this article. (Code 1975, § 4-16) Sec. 4-33. Judicial enforcement. In addition to the other remedies provided herein and by general law, the city shall, at its discretion, have the right to seek the aid of the courts of the state with respect to the enforcement of the provisions of this article, which rights shall include the right to seek injunctive relief against such persons as may be determined by the city to be in violation of the terms and provisions of this article. If the city thus exercises such discretion and if the city prevails in such judicial efforts, the • ANIMALS 9 city shall have the right to demand and the right to receive, as damages against such persons, all costs of court and expenses, including reasonable attorney's fees, which the city may have suffered as a result of the enforcement of the terms, con ditions and provisions of this article against such person from whom such relief is sought. (Code 1975, § 4-17) r� u C 283 § 4.33 [The next page is 3331 CITY COMISSION ABOUT THE 2 PITBULL MIXES WHO ATTACTED MY DOG Hello my name is Gabby Goetgeluck. I would like to say that I got a gin. long scratch from 2 pitbull mixes. Here is the story, my friend and I were walking around our block with my dogs about 5 houses down and we were looking at our neighbors dog and these 2 pitbull mixes came across the street out of an open gate, and I screamed pick up the dogs!Iwas scared to death! One of the dogs jumped on me and grabbed my dog out of my hands and dragged my dog (which is a pug)into the backyard of the dogs house and luckily a man, a women and my mother came to help. The dogs were about to tear my pug apart but the CITY COMISSION ABOUT THE 2 PITBULL MIXES WHO ATTACTED MY DOG lady screamed at the pitbull mixes and they released my dog who was scared to death and the man had a stick in his hand. The women grabbed my pug and brought him to me. I also screamed at my friend to bring my other pug straight home. The B.S.O. said they could only do something with the pitbull mixes if they bit me or killed my dog.But why take a chance because what if I had to get stitches. What would you do if something like this happened to your kids or you? prtz�ge� l okI Iq (6