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Lobbyist Conflict: We the People. You Decide
• Should a Margate lobbyist profit at the expense of taxpayers?
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Tuesday,
July 21, 2009
Margate City Attorney, Eugene Steinfeld, went on record Wednesday night saying that there is no conflict of interest regarding Margate lobbyist, Jack Tobin representing private clients before the Margate City Commission while under the city’s employ as a lobbyist. In fact, Tobin’s contract with the city was amended in 2005, said Steinfeld, to allow for the activity.
Tobin, representing Aztec RV Resort Inc. at a Special Commission Meeting Wednesday, easily convinced the City Commission, 4-1, to move forward with rezoning the old AZTEC mobile home park to accommodate a $30 million, 646-vehicle Luxury RV community.
At Wednesday’s meeting, Tobin sat in the back of City Hall sniffing fine cigars handed him by Aztec RV Resort Inc. investors.
Tobin is paid a salary of $37,500 by Margate taxpayers to represent Margate as a lobbyist – primarily during Florida’s legislative session on important issues that impact the city.
He also, in the past, has raised campaign funds for Margate City Commissioners when they ran for re-election as incumbents.
Tobin stands to profit significantly should he ultimately convince elected officials to pass rezoning for the Aztec RV Resort Inc. project - the same officials who have benefited from Tobin’s campaign resources in the past.
Is it ethical for Margate lobbyist, Jack Tobin, to profit by representing private clients before city commissioners for whom he has raised campaign funds in the past?
Here are details of the Luxury RV Resort project for which four of five Margate City Commissioners approved on first reading (Bross, Varsallone, Talerico and McLean).
• Aztec RV Resort Inc. is petitioning to rezone land they don’t own. This may be in conflict with Margate rezoning laws. Uniprop Manufactured Housing Company currently owns the land.
• Aztec RV Resort Inc. is listed incorrectly in city rezoning documents as owners of the Aztec property.
• Aztec RV Resort Inc. has yet to put forward any proof of sufficient liquidity to complete the project, which offers no guarantee that the project won’t go belly up, similar to the last project proposed for the property.
• The Margate City Commission publicly endorsed the project prior to its review by the city’s Planning & Zoning Board (P&Z), which is procedurally incorrect, as the P&Z Board is a recommending Board put in place to protect the best interest of Margate residents.
• Margate City Manager, Frank Porcella, doesn’t fully support the project and has recommended to both the city’s Planning & Zoning Board and City Commission to stay the project for the time being.
• Margate City Planner, Ben Ziskal doesn’t support the project, suggesting to both the city’s Planning & Zoning Board and City Commission that a conventional housing project would be more suitable for the city.
• Numerous residents have spoken up against the project at both P&Z and City Commission meetings. Residents speaking in support of the project have offered anecdotal comments, at best.
• Tobin lobbied for a failed 700-unit housing complex (scheduled to be built on the Aztec site) which was approved by the Margate City Commission in fall 2007. At the time, Tobin represented property owners, Uniprop Manufactured Homes.
• As a result of City Commission approval of Tobin's failed 700-unit project, hundreds of Margate residents were displaced from their homes.
It appears as though the rezoning of AZTEC is being rushed through the city process and is fraught with flaws and inconsistencies – and may be raising a number of legal and ethical questions.
Although you can see by reading Tobin’s contract in the attached file at the top right of this page (see page 21 of the contract "Conflict of Interest"), he is well within his contractual right to profit from decisions he negotiates before the Margate City Commission.
Who exactly does Jack Tobin represent and in what capacity and when?
• The best interest of Margate taxpayers who pay his lobbyist salary?
• The private clients he brings before the City Commission who may or may not have the best interest of Margate taxpayers in mind?
• The City Commissioners for who he has raised campaign funds in the past and who are elected to represent the best interests of Margate taxpayers?
You decide.
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Copyright Cassius Group 2009
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