HomeMy WebLinkAbout2007-10-16 - City Commission Special Meeting MinutesCITY OF TAMARAC
SPECIAL CITY COMMISSION MEETING
Mayor Flansbaum-Talabisco called the Special Meeting of the City Commission to order
at 9:35 a.m. on Tuesday, October 16, 2007, in Conference Room 105 at Tamarac City
Hall, 7525 NW 88 Avenue, Tamarac, FL.
PRESENT: Mayor Beth Flansbaum-Talabisco, Vice Mayor Marc L. Sultanof,
Commissioner Patty Atkins -Grad, and Commissioner Harry Dressler.
ABSENT: Commissioner Edward C. Portner.
ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Samuel S. Goren,
Assistant City Attorney Mike Cirullo, Ed Dion, Special Counsel, Nabors Giblin
Nickerson, Victoria Paez Neil, Court Reporter and City Clerk Marion Swenson.
Mayor Flansbaum-Talabisco led the pledge of allegiance.
City Attorney Goren explained the purpose of the Shade Session is that he desires
advice concerning litigation regarding the following two lawsuits: B. Commercial, Inc., a
Florida corporation, Tamarac Main Street land, LLC, a Florida limited liability company,
Wen -North Holdings, Inc., a Florida corporation, M&M South Properties, LLC, a Florida
limited liability company, Active Senior Living Residence, Inc., a Florida corporation,
and Sultan Family Ltd. Partnership, a Florida limited partnership v. City of Tamarac,
Florida, a municipality of the State of Florida, (Case No. 0725250 02), and Cinnamon
Tree Plaza, Inc., a Florida corporation v. City of Tamarac, Florida, a municipal
corporation of the State of Florida, (Case No. 07025413 04). City Attorney Goren
advised the two lawsuits have been consolidated into one case before Judge
Rosenberg.
Mayor Flansbaum-Talabisco recessed the special meeting at 9:37 a.m. and reconvened
the special meeting at 10:05 a.m., with all present as before.
City Attorney Goren explained he had provided TR 11311 to the Mayor and City
Commission during the Shade Session and direction was given to the City Attorney and
Special Counsel Dion with regard to the lawsuit. City Attorney Goren read Temp. Reso.
11311 by title: A resolution of the City Commission of the City of Tamarac, Florida,
repealing Resolution R2007-150 relating to the Main Street (Phase 1) Assessment Area;
directing that the assessments authorized by Resolution 2007-150 be cancelled, and
that the special assessments be removed from the tax bills for the fiscal year beginning
October 1, 2007; directing that a copy of this Resolution shall be delivered to the
Broward County Revenue Collection Division, the Broward County Property Appraiser's
Office and assessed property owners; authorizing and directing city administration to
effectuate the terms of this resolution; providing for conflicts; providing for severability;
and providing for an effective date. Commissioner Dressler seconded by
Commissioner Atkins -Grad moved approval. City Attorney Goren explained this
Resolution repeals the existing Main Street Assessment Resolution but it does not put
an end to the Main Street Project. Certified copies of the Resolution will be filed in the
October 16, 2007
Page 1 of 2
court and provided to counsel today. The emergency hearing scheduled for Tuesday,
requesting injunctive relief and the substance of the lawsuit will become legally moot.
On roll call Commissioner Atkins -Grad voted "yes", Vice Mayor Sultanof "yes",
Commissioner Dressler "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried.
RESOLUTION NO. R2007-162
City Attorney Goren cautioned the Mayor and City Commission with regard to
comments to the media, as the litigation is still pending. Mayor Flansbaum-Talabisco
thanked the legal and administrative staff and made the following statement: The City
of Tamarac is proud of its record and strongly supports the enhancement and financing
of programs for seniors. The City will continue to provide the highest quality of life for
every citizen of every age. Tamarac has funded programs for seniors and we have won
awards for our senior programs, as well as the livability award. The notion that this
commission would intentionally put any senior out of their residence or jeopardize
anyone's home is absurd and personally offensive and misrepresents the Mayor and
City Commission's position. During today's meeting the Mayor and City Commission
decided to repeal the Main Street Assessment and we will revisit the project. This
project is important to Tamarac's future and has been in the making for many years.
The residents of Tamarac support this project and are excited about it. Mayor
Flansbaum-Talabisco said when she became Mayor of Tamarac one of the decisions
that had to be made was the financing of the needed infrastructure. Two options were
given to the Mayor and City Commission 1) tax all residents; and 2) tax the property
owners of Main Street. Four of the five commissioners agreed not to tax the residents,
and that is how the decision for the assessment was originally arrived at. The Mayor
and City Commission has instructed staff to revisit the entire project and do what is in
the best interest for all residents and property owners in the City.
There being no further business to come before the Mayor and City Commission, Mayor
Flansbaum-Talabisco adjourned the special meeting at 10:15 a.m.
Marion Swenson, CMC
City Clerk
October 16, 2007
Page 2 of 2
Beth •.um- I alaDISCO
Mayor
1