HomeMy WebLinkAbout2023-03-22 - City Commission Regular Meeting MinutesREGULAR CITY COMMISSION MEETING MINUTES
WEDNESDAY, MARCH 22, 2023
6:30 PM
COMMISSION CHAMBERS
CALL TO ORDER
Mayor Michelle J. Gomez called the Wednesday, March 22, 2023, City Commission meeting,
being held in Commission Chambers, to order at 6:32 p.m.
ROLL CALL
Present were Mayor Michelle J. Gomez, Vice Mayor Marlon D. Bolton, Commissioner Kicia
Daniel, Commissioner Morey Wright Jr., and Commissioner Elvin Villalobos.
Also present were City Manager Levent Sucuoglu, Assistant City Manager Maxine Calloway, City
Attorney Hans Ottinot, and City Clerk Kimberly Dillon.
PLEDGE OF ALLEGIANCE
Commissioner Wright led the Pledge of Allegiance and moment of silence.
1. CITY ATTORNEY REPORT
City Attorney Ottinot had no report.
2. CITY MANAGER REPORT
2.a. Women's History Month Proclamation
Mayor Gomez read proclamations from the members of Commission; each
recognized a member of the community in honor of Women's History Month:
Mayor Gomez — Barbara Tarnove
Vice Mayor Bolton — Yvette Evans
Commissioner Wright — Ameerah Adejola
Commissioner Villalobos — Lurow May Hill
Commissioner Daniel — Dr. Valerie Smith Wanza
Mayor Gomez recognized former District 4 Commissioner Debra Placko, who was
in attendance.
2.b. Investment Report — January 2023
City Manager Sucuoglu had no report.
Minutes
March 22, 2023 — Regular Commission Meeting
3. PUBLIC PARTICIPATION
Page 2
Mayor Gomez noted the number of people signed up to speak exceeded the Commission's
allotted time for the item.
Moved by Mayor Gomez; seconded by Commissioner Villalobos to extend Public
Participation to allow three (3) minutes per speaker signed up to speak.
Motion Approved: 5-0.
Voting For: Mayor Gomez, Vice Mayor Bolton, Commissioner Daniel,
Commissioner Wright, and Commissioner Villalobos. Voting Against: None.
City Attorney Ottinot read the rules for public participation. Mayor Gomez opened the
floor to comments from the public.
1) Darcy Schiller, Kings Point, Tamarac, asserted the City Attorney had been hired
illegally and stated the residents should demand he pay back his salary. She stated
Commissioner Daniel should not get credit for the fire truck, as Carol Mendelson and
the previous Commission should receive recognition.
2) Carol Mendelson, Woodmont, Tamarac, referenced a recent Tamarac Post article
which stated the City was trying to save taxpayers money by looking into Broward
Sheriff's Office (BSO) Fire and stated if they wanted to save money, the
Commissioners should reduce their salaries, car allowances, staffing, and travel
budgets. She discussed reasons the community supports keeping Fire Rescue services
in Tamarac and issues with the behavior of Vice Mayor Bolton.
3) Ronald Wasserman, Shangri La, Tamarac, spoke on the importance of being screened
for cancer. He stated the City supports BSO, and Fire Rescue speaks for itself. He
discussed issues with a developer and stated his community had been targeted.
4) Sarahca Peterson, Tamarac, thanked the Commission and stated she sees their work.
She stated if the Commissioners are looking to save the residents money, that is a good
thing. She asserted it was positive for the City to look into BSO Fire and stated it was
a good organization that other cities were utilizing.
5) David Schneider, 7416 Corkwood Terrace, Tamarac, stated the Commission had
perturbed him a lot over the past 10 years. He stated he has been a first responder for
four (4) years and asserted Fire Rescue services need to stay in Tamarac. He added that
there were issues with the Commission and the way it is run, and stated they should be
embarrassed.
6) William Goffernet, 5106 Bayberry Lane, Tamarac, asked the Commission whether
there were any other 275 acre parcels available in Tamarac. He continued to ask
questions of the Commission and the audience.
Minutes
March 22, 2023 — Regular Commission Meeting
4. CONSENT AGENDA
Page 3
City Manager Sucuoglu stated there were no changes to the agenda.
Moved by Mayor Gomez; seconded by Commissioner Villalobos to approve the
Consent Agenda.
Motion Approved: 5-0.
Voting For: Mayor Gomez, Vice Mayor Bolton, Commissioner Daniel,
Commissioner Wright, and Commissioner Villalobos. Voting Against: None.
4.a. Approval of February 13, 2023, Strategic Planning Workshop Minutes
4.b. Approval of February 22, 2023, Strategic Planning Workshop Minutes
4.c. TR13908 - A Resolution of the City Commission of the City of Tamarac, Florida,
accepting a grant in the amount of $414,367 from the Florida Department of
Environmental Protection Resilient Florida Program; authorizing the
appropriate City Officials to execute an agreement between the Florida
Department of Environmental Protection and the City of Tamarac for grant
funding in the amount of $414,367, from the Resilient Florida Program for the
Development of a Vulnerability Assessment; providing for conflicts; providing for
severability; and providing for an effective date.
4.d. TR13912 - A Resolution of the City Commission of the City of Tamarac, Florida
adopting a Resolution of Support for three Municipal Capital Projects for the
Broward County Mobility Advancement Program (30-Year One Percent Surtax
For Transportation) funding; acknowledging that the projects are located within
the City of Tamarac; authorizing the appropriate City officials to take any and all
actions necessary to apply and receive the funding for three Municipal Capital
Projects in an amount not to exceed $3,353,459; providing for conflicts; providing
for severability; and providing for an effective date.
5. QUASI-JUDICIAL HEARING(S) — SECOND READING
5.a. TO2402 - An Ordinance of the City Commission of the City of Tamarac, Florida,
adopting a Large Scale Land Use Plan Amendment to the City of Tamarac's
Comprehensive Plan Future Land Use Map in accordance with Chapter 163,
specifically Section 163.3184 of the Florida State Statutes, for said lands situated,
lying, and being in Broward County, Florida, and known as "The Woodlands"
and located at or bounded by West Commercial Boulevard to the North, Rock
Island Road to the East, NW 64 Avenue to the West and NW 44 Street to the
South, and more particularly described in the legal description shown in Exhibit
"A" attached hereto, to change the future land use designation of approximately
165.53 gross acres of land from "Commercial Recreation" to "Low (5)
Residential" to facilitate and allow for the development of a residential use,
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March 22, 2023 — Regular Commission Meeting
Page 4
restricted to (0-3) dwelling units per acre, by Michael Nunziata of 13th Floor
Woodlands HB GP, designated agent for the property owner, Clublink us
Corporation and providing consistency with the Land Development Code in
accordance with the intent of the Comprehensive Plan of the City of Tamarac;
(Case No. 1- LUA-19) authorizing adoption of the Large Scale Land Use Map
Amendment (No. 20-01ESR — Woodlands) and recertification of the City of
Tamarac Future Land Use Map; providing for amendment to the land use plan
to reflect such change; providing for conflicts; providing for severability; and
providing for an effective date.
City Attorney Ottinot outlined the City's procedures regarding Quasi -Judicial
proceedings. He confirmed the public notice items were met.
City Attorney Ottinot stated items 5a and 5b would be heard together. He read the
titles for the record.
City Attorney Ottinot asked for any ex-parte disclosures. Each of the
Commissioners disclosed that they had spoken with residents of the Woodlands and
neighboring communities, the applicant, and applicant's legal counsel.
Mayor Gomez addressed questions regarding whether she had a conflict of interest.
She stated under Florida Statutes, she is eligible to take part in the meeting and to
vote. She reviewed the rules and procedures for the meeting, as well as the agenda.
City Clerk Kimberly Dillon swore in those wishing to provide testimony.
Attorney Scott Backman, of Dunay, Miskel, and Backman, provided a presentation
on behalf of the applicant. The presentation is on file in the City Clerk's Office. He
noted all exhibits associated with the project were a part of the record, along with
all prior proceedings before the City. Lesley Deutsch, Managing Principal, John
Burns Real Estate Consulting and Howard Nelson, Chair of Environmental Practice
Group Bilzin and Sundberg spoke as part of the presentation.
Maxine Calloway, Assistant City Manager/Community Development Director,
provided a presentation on behalf of staff. The presentation is on file in the City
Clerk's Office.
Mayor Gomez called for a recess at 8:35 p.m.
Mayor Gomez called the meeting to order at 8:49 p.m.
Registered Affected Parties in opposition of the application were provided with an
opportunity to speak. A full list of those registered is on file in the City Clerk's
Office. Speakers were as follows:
1) Stanley Tracy, 5708 Walnut Drive, voiced his opposition to the project,
citing destruction of green space, changed character of the community,
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March 22, 2023 — Regular Commission Meeting
Page 5
concerns with traffic, release of chemicals in the soil, and the impacts of
enclosing the community. He stated the current owners had represented
themselves as a company that would rehabilitate the golf course and
asserted the contributions promised by the developer did not have an impact
and were meant as inducements to lobby the Commission.
2) Andy Felix, Tamarac, spoke in opposition to the project. He discussed
concerns with chemicals being introduced to the air during excavation and
construction, citing concerns of breast cancer and stating the costs outweigh
the benefits. He asserted the materials sent to residents in the mail are not
legally binding documents, and stated the developer was not prepared and
did not have professional plans. Continuing, Mr. Felix expressed concern
with an increase in traffic, impacts on emergency response, and increased
accidents. He expressed concern with the developers not being reliable and
stated the developer had thrown parties instead of addressing resident
issues. Mr. Felix registered with an attorney, Robert Hartsell, who did not
make a presentation.
3) Jeffrey Shapiro, 6104 Orchard Tree Lane, Tamarac, submitted an email for
the record and spoke in opposition to the project. He stated the developer's
presentation had left out existing waterways and asserted the proposed site
plan and development agreement moved the water closer to his home. He
expressed concern with space for sidewalks and other amenities, taking land
from property owners, and honesty from the developer. Continuing, Mr.
Shapiro shared concerns regarding arsenic and other chemicals which
would be brought up during excavation and remediation. He discussed
flooding concerns related to changes to waterways, loss of absorption from
open land, drainage from the roads, and drainage for new homes. He
addressed issues with a requirement to widen roads, impact on sewer
capacity, traffic, and changes to entrances. Mr. Shapiro registered with
Sylvia Brenstein, who was not present.
4) Jose Spena, Tamarac, spoke in opposition to the project. He stated he was
concerned the project took up too much useable green space, and once that
was gone, it could not be gotten back. He asked how much of the space
described as "open space" on the plan was water.
Attorney Backman asked for clarification on the process, as it was a Quasi-
judicial hearing. Discussion ensued briefly.
Attorney Backman responded to Mr. Spena's question with an explanation
of the deeded open space and the acreage of the lake and green space.
Minutes
March 22, 2023 — Regular Commission Meeting
Page 6
Lindsay Murphy, Urban Design Studio, explained the number of acres of
the open space would be new and existing water, and stated the rest would
be passive open space.
Mr. Spena asked whether the lakes were designed to retain the runoff from
rain and when the clubhouse would be built. Attorney Backman and
Assistant City Manager Calloway directed him to the backup materials.
Mr. Spena asked whether the land could be sold between the rezoning and
approval of the development agreement. City Attorney Ottinot explained
the binding nature of the agreement.
Mr. Spena inquired regarding the mix of houses included in the project and
asked whether the City had put together a risk assessment in dealing with
an active construction site for upward of eight (8) years. City Attorney
Ottinot stated that Mr. Spena could also set up a meeting with the City
Manager's office to discuss the details of the evidence.
Mr. Spena discussed concerns with financial gain for the City and stated the
project did not benefit the residents enough. He asserted they should
consider keeping a golf course on the site.
5) Christopher Hodgkins, Tamarac, stated there was supposed to be a final site
plan at this point in the process. He asserted there had not been appropriate
notice of the Commission workshop, and the final hearing had been rushed.
He stated pictures shown of degradation in the Woodlands were all on the
golf course property, which had been neglected. He discussed concerns with
traffic, including a Florida Department of Transportation (FDOT) opinion
and ingress and egress from the community. He expressed concern with
arsenic levels. Mr. Nelson responded regarding the arsenic concerns.
Mr. Hogkins asked to call an attorney to give additional testimony.
Discussion ensued regarding the procedure for Mr. Hodgkin's calling an
attorney he had not registered in advance, and the request was denied.
Mr. Hodgkins shared concerns regarding compatibility and drainage. He
questioned the timeline of moving forward with the project after a lengthy
time and stated the Commission needed to do better. He asked that the City
come up with a project that makes sense.
6) Sandra Hill, Banyon Lane, discussed her pride in the community of
Woodland Hills. She expressed concern with the group in opposition to the
project and stated not everyone against the development was part of a
faction. She stated she was now in support of the development.
Minutes
March 22, 2023 — Regular Commission Meeting
Page 7
Registered Affected Parties in support of the application were provided with an
opportunity to speak. A full list of those registered is on file in the City Clerk's
Office. Speakers were as follows:
1) Harvey Quinton, Woodlands, Tamarac, spoke in support of the project. He
drew a comparison between the Woodlands development process and a
doctor developing a treatment plan over time, revising again and again until
the plan becomes great. He asked that the Commission support the residents
in breathing new life into the neighborhood and not listen to the loud
opposition.
2) Patrick Sherlock, Woodlands, Tamarac, spoke in support of the
redevelopment. He stated he had liked having a golf course, but time moves
on. He discussed issues with vermin since the golf course closed down, as
well as use of the clubhouse by the homeless. He stated the plans had been
codeveloped with the homeowners' associations, and the developer had
been responsive.
3) Cecilia Kleinrichert, 3262 Banyon Lane, Tamarac, stated the Woodlands
had been beautiful but she had seen it deteriorate, and 13th Floor was the
savior. She asserted that most people she talked to either did not have an
opinion or want the project.
4) Patricia Fox, Mulberry Drive, Tamarac, thanked 13th Floor for listening to
the community and making changes to the site. She stated she thought the
development was a great thing for the community and for the City, and
noted she looks forward to meeting her new neighbors. She expressed
concern with what would happen to their investments if the project did not
move forward.
5) Armondo Perez, 4609 Holy Drive, stated that he had purchased his dream
place, and now it was unrecognizable. He asserted the golf course was
dangerous and had issues with trash. He discussed concerns with the
homeless and those coming to fish.
Mayor Gomez called for a recess at 10:45 p.m.
Mayor Gomez called the meeting to order at 11:05 p.m.
Moved by Vice Mayor Bolton; seconded by Commissioner Wright to extend the
meeting past 11:30 p.m.
Motion Approved: 5-0.
Voting For: Mayor Gomez, Vice Mayor Bolton, Commissioner Daniel,
Commissioner Wright, and Commissioner Villalobos. Voting Against: None.
Minutes
March 22, 2023 — Regular Commission Meeting
Page 8
Mayor Gomez opened the public hearing. A complete list of those registered to
speak is on file in the City's Clerk's Office. Speakers were as follows:
1) Ray Martin, Lauderhill Vice Mayor, shared concern regarding ingress and
egress on NW 64th Avenue. He stated without mitigation of that issue, his
city's residents are in opposition to the project. He read an excerpt from a
Lauderhill Resolution passed in 2019 and 2021 voicing that opposition.
2) Erwin E. Kendall, Tamarac, asked whether the City had looked into a
positive alternative such as a hotel on the site with the amenity of two (2)
golf courses.
3) Jeffrey Smalley, 4714 Banyon Lane, Tamarac, spoke in opposition to the
project. He stated residents had been duped by the developer as they could
not get funding or move forward with flood plans or other steps without a
site plan. He asserted blocking public streets was illegal under Florida Law.
4) Sonya Rose, Water Oak Place, Tamarac, went on record in opposition to the
project.
5) Kristin Leonard Angulo, Tamarac, stated since Clublink has taken over the
golf course grounds, they have gone derelict. She asserted she has a vision
of being retired and traversing the golf courses, and with this plan that is
gone. She stated the situation could be turned around.
6) Bryce Short, White Oak Lane, Tamarac, noted both sides are not happy with
the state of affairs. He stated because the developer is working with Club
Link, they are also responsible for the derelict. He asserted people are afraid,
and that is not a reason to vote in support of the project. He stated this was
all about money and asked that the Commission take into account what was
being said when making their decisions.
7) Dave Pesch, White Oak Lane, Tamarac, stated he and his husband had
moved to Tamarac because they were tired of congestion in Fort
Lauderdale. He asserted games were being played with the money related
to the project. He discussed the possibility of residents developing the
property collectively and projected the developer's profits.
8) Wanda Bartley, Lauderhill, expressed concern regarding increases to
traffic. She stated the project on Rock Island had already resulted in traffic
jams every day of the week.
9) William Goffernet, 5106 Bayberry Lane, Tamarac, stated other plans could
not be heard unless the project was voted down at this meeting. He asserted
a project on the. property should be higher -end and less dense. He stated it
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March 22, 2023 — Regular Commission Meeting
Page 9
was heavy-handed to remove the golf course and asserted people bought
there for the course.
10) Lindsay Rainer Foster, Central Park, Tamarac, stated she owns a 13t` Floor
home, and discussed how much she enjoys her neighborhood. She spoke in
support of the project and noted it would be an opportunity for others to
become homeowners of a quality built home. She stated she has also been
employed by 13th Floor for nine (9) years and knows they care about people.
11) Liz Cruz, Woodlands, Tamarac, spoke in support of the project. She stated
she loves the City and the people behind it and believes with more
homeowners there will be more people to volunteer and more funds to
invest in the City. She referenced the article commented on regarding breast
cancer and stated they forgot to mention that arsenic is a common ingredient
in weed killer. She added that the sidewalks would be beneficial. She
addressed concerns regarding traffic and referenced hybrid and virtual work
and stated residents had not supported the golf course when it was open.
12) Zoila Crescimbeni, 4609 Holly Drive, Tamarac, stated Woodlands needs a
drastic change. She asserted the community is being rapidly destroyed, and
the golf course has turned into a jungle, as well as a filthy and dangerous
place to be. She added that she supports the development by 13th Floor.
13) Jodi Sierra, Tamarac, spoke in support of the development. She stated she
believed it was the best option for maintaining the integrity and beauty of
the Woodlands which they had been known for since the 1970s. She noted
it was a neighborhood which needed trails to bike and walk.
14) Diane L. Rechner, Village of Woodland Lake, Tamarac, spoke in
opposition. She cited traffic issues and stated more people are not needed,
and asserted that as a breast cancer survivor, she was concerned about the
arsenic people would breathe during the development.
15) Linda Goran, Woodlands, Tamarac, stated her parents were among the first
to build a house in Woodlands, and she had lived there 54 years. She
asserted the Woodlands made the City what it was, and was responsible for
the entrance and exit on the turnpike. She argued against raised rates due to
gating the community and noted ongoing issues with flooding.
16) Marilyn Tippenhauer, 6110 White Oak Lane, Tamarac, stated like many
others, she bought her house for the golf course. She asserted there is traffic
at all hours of the day, and she does not see how adding more than 300
homes would reduce traffic. She stated the developer was bending over
backward for profits, not the residents, and stated the project would make
her home a nightmare.
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March 22, 2023 — Regular Commission Meeting
Page 10
17) Kathleen Latemps, Laurel Circle, Tamarac, stated she would be affected by
the project through three (3) generations of her family. She asserted for 13'
Floor to make decisions on property they do not own by closing off the
street was wrong. She noted that she was responsible for the costs of
cleaning up her home during the Manor Park construction, and the noise
was atrocious. She stated the project did not make sense.
18) Micele Alcier, Woodlands, Tamarac, stated her home was her sanctuary and
her heaven, and she was disappointed that people run for office and tell
people all the good things they will do, then turn around and do the opposite.
She asserted she was all for change, but it could not be a lie.
19) Judith Jagoda, 6101 Royal Poinciana Lane, Tamarac, stated she had been
affiliated with Woodlands since its inception, and remembers the good days.
She noted she would like to have a golf course, but it is not going to happen.
She stated 13th Floor had spent time and money explaining what they are
going to do and how they will do it, and it is time to vote yes and let them
build their homes to make Woodlands the jewel it was before.
20) Wendy Conforme, Coral Gables, shared her experience as an engineer with
FDOT and addressed concerns regarding traffic. She explained the capacity
of some of the State roads adjacent to the Woodlands has already been
exceeded. She discussed the traffic report completed by Kimley Horn and
stated the Comprehensive Plan criteria was not met by the project.
21) Wayne Wise, Woodlands, Tamarac, discussed changes to the community
since he and his husband Alan had moved there. He stated the changed plan
was an asset and would be in keeping with the existing mix of homes. He
noted he did not want the decision on development to take another 5-10
years and asked that the Commission consider approving this project as it
would only make the diverse community better.
22) Georgia Scott, 5700 South Travelers Palm Lane, Tamarac, stated she moved
to the Woodlands because it was beautiful and quiet. She noted concern was
with quality of life. She discussed traffic and overpopulation, and stated she
had come in against the project, but understood the need to move forward.
23) Jim McDaniel, Royal Poinciana Lane, Tamarac, stated he was in support of
the 13'h Floor project and asked the Commissioners to vote yes.
24) Attorney Shai Ozery, Robert N Hartsell PA, representing Save the
Woodlands, asked that his previously submitted letter be entered into the
record.
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March 22, 2023 — Regular Commission Meeting
Page 11
Mayor Gomez confirmed that a 22-page letter dated May 2021 had been
entered into the record.
Mr. Ozery stated his client is a non-profit organization which opposes
development of the Woodlands and supports preserving open space. He
asserted the issues which was demonstrably in violation of Florida law and
in conflict with the City's Comprehensive Plan was the adverse impact to
the traffic and level of service on roadways. Continuing, Mr. Ozery stated
the traffic study included cherry -picked data and still found there were
adverse impacts in excess of the one (1) percent standard. He stated despite
mitigation efforts, the project should be denied.
City Attorney Ottinot clarified that under the Quasi -Judicial rules,
statements made by an attorney were not considered evidence.
25) Demitria Rawls, Lauderhill, stated she felt the project would negatively
affect her. She discussed the impact of traffic on the safety of students
getting on and off school busses, and stated the developers had never
contacted the Forest Lake Estate community to bring them to the table. She
asked that the Commission vote against the development.
26) Dr. Olebade, West Palm Circle, Tamarac, stated he had purchased his dream
property on a cul-de-sac the year before. He noted the only problem is that
when it rains, the golf course floods, but it is clean and beautiful. He asserted
additional homes would make the flooding worse, and arsenic poisoning
would be a real issue for the children and grandchildren in his
neighborhood. He noted his daughter loves the burrowing owls which come
to his atrium, and stated he believed they were protected, and the developers
should apply for a permit to protect them.
27) Hernan Gonzalez, 4911 Woodlands Boulevard, Tamarac, reminded the
Commissioners they were on the dais to work on behalf of the community.
He stated the trucks involved in the project would destroy the street, and
asserted he did not want the people to be affected by arsenic poisoning. He
asked that the Commission vote no.
28) Mark Nagaben, Woodlands, Tamarac, spoke in support of the project. He
stated he was a science and math enthusiast and was very upset by the
arguments made by Save the Woodlands. He asserted there is arsenic all
over, and it was a fabricated argument to sow fear and doubt, doing a
disservice to the community.
29) Walt Siwierka, Royal Poinciana Lane, Tamarac, stated he supports 13th
Floor. He asserted they had bent over backward to try to please everyone in
the community. He noted none of the residents own the golf course, and if
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March 22, 2023 — Regular Commission Meeting
Page 12
the owners want to sell it, they have the right to do so. He stated
redevelopment was needed, and that if the residents were concerned with
arsenic, they would not allow their children to play on the golf course. He
discussed his pride in the City and his home.
30) Richard Grinnage, 5400 White Oak Lane, Tamarac, quoted Sam Cook
regarding change, and stated he hoped change was going to come in a good
way. He discussed his efforts to campaign for members of the Commission
and asserted COVID-19 had taught people what they need, what they don't
need, and who they can trust. He stated 17 of the 18 people in his section
are against the development and asked the Commission to do the right thing.
Mayor Gomez closed the public hearing.
Attorney Backman presented his rebuttal to the public comments, including a
statement objecting to the admission and consideration as evidence testimony
presented by Affected Parties on their own behalf without establishing the basis or
qualification for that testimony, and objecting to the admission and consideration
of any hearsay statements made without supporting evidence.
Attorney Backman stated volumes of material had been submitted by the applicant
and reviewed by staff and consultants, and asserted they had provided competent,
substantial evidence that they meet all appropriate criteria. He addressed concerns
voiced regarding 13th Floor, past and ongoing performance of the developer, and
meetings with Lauderhill.
Mayor Gomez opened the floor to Commission deliberation.
Commissioner Villalobos thanked everyone for taking the time to voice their
opinions. He stated he was initially in opposition, until he gave 13th Floor the
opportunity to share their updated plan. He noted the Commission was unable to
vote based on their emotions and asked that counsel reiterate the rules governing
Quasi-judicial proceedings and evidence. City Attorney Ottinot provided a brief
description of the City's procedures regarding Quasi -Judicial proceedings and
explained which items presented could be considered as evidence, and the
discretion of the Commission.
Commissioner Villalobos asked how the Planning Board had voted on the item.
Assistant City Manager Calloway stated the vote had been 3-2 in favor.
Continuing, Commissioner Villalobos asked questions regarding the Site Plan
process, planned restrictions to access to the Woodlands, and the poor condition of
the golf course. Attorney Backman responded to each question in turn.
Commissioner Wright noted Attorney Backman had clarified questions regarding
green space in the project at the March 20 workshop, and asked that he repeat those
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March 22, 2023 — Regular Commission Meeting
Page 13
details for the record. Attorney Backman stated the applicant had agreed to a
minimum of 160 acres of deed restricted green space within the development, but
the plan is for approximately 190 acres of actual green space within the community.
Commissioner Wright asked questions regarding outreach to the City of Lauderhill,
traffic impacts, relocation of utilities, maximum heights, home designs, and health
concerns. Attorney Backman responded to each question in turn.
Commissioner Wright stated he had grown up coming to the Woodlands, and
discussed his experience in the community. He asserted he would not be supporting
the project because he did not believe compatibility existed.
Commissioner Villalobos referenced the chart from the staff presentation regarding
the number of emails received related to the project and noted the numbers were
accurate and the 426 emails in support, 180 emails in opposition, one (1) neutral
email were on file in the City Clerk's Office.
Commissioner Villalobos asked a follow-up question regarding removal of arsenic
from the property. Howard Nelson, Chair of Environmental Practice Group Bilzin
and Sundberg, addressed remediation of arsenic and the safety of the public.
Vice Mayor Bolton asked staff to reiterate the result of the vote when the
development was first before the City Commission. Assistant City Manager
Calloway shared a timeline of hearings for the Land Use Plan Amendment dating
back to June 5, 2019 review by the Planning Board. She stated the City had
conceded at that time that the applicant met the requirements of the City Code.
Vice Mayor Bolton inquired as to compatibility. Assistant City Manager Calloway
explained the amendment which had been recommended and the changes made by
the applicant. In response to a follow up question, she stated the density proposed
was compatible with the existing build in the surrounding area.
Continuing, Vice Mayor Bolton asked Assistant City Manager Calloway to review
subsequent decisions. Assistant City Manager Calloway stated the Broward
Planning Council had reviewed the application and recommended approval in
January 2020, the Broward County Commission had approved the project in
October 2020, and the State of Florida provided a letter of no comments in
November 2020.
Vice Mayor Bolton shared his experience with the process and asked for an
explanation of the Land Use, Zoning, Development Agreement, and Site Plan
processes. Assistant City Manager Calloway explained as appropriate.
Vice Mayor Bolton asked the applicant to address resident concerns that there was
not a Site Plan at this time. Attorney Backman discussed the commitment to move
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March 22, 2023 — Regular Commission Meeting
Page 14
forward with a site plan and stated the plan is in the review process and is attached
to the development agreement.
Vice Mayor Bolton stated residents are concerned that 13t' Floor is not doing what
they say they are going to do, and asserted the development agreement should not
move forward to a second reading without the site plan. City Attorney Ottinot
clarified the separation between the processes.
Vice Mayor Bolton asserted that while he hears the concerns of the neighbors, the
golf course is not their property and developers also have rights. He stated it is the
City's job to balance the two and come to a fair decision. He added that he has
always thought something needed to be done in the Woodlands, but he does not
know if this project is it.
Vice Mayor Bolton inquired as to whether the applicant was trying to sway votes
with proffers within the development agreement. Attorney Backman stated that
they absolutely are not.
Vice Mayor Bolton asked whether the applicant felt they were under duress in any
way. Attorney Backman responded that they do not and are addressing impacts of
the development to the benefit of the City.
Mayor Gomez noted she had missed a speaker during the public hearing. She
apologized for the oversight and reopened the hearing to allow the resident to speak.
31) Donna Williams, Tamarac, stated a lot of people may be thinking residents
in opposition to the project are afraid of change, but while she thinks
something needs to be done, it is a matter of what is being done and at what
price. She discussed the beauty of her home on the golf course and
expressed concern about other developments.
Mayor Gomez closed the public hearing.
Commissioner Daniel noted residents had expressed concern regarding noise and
asked whether there would be an agreement restricting hours of construction work.
Attorney Backman stated the Code provides for reasonable hours from 8 a.m. to 6
p.m., and 4 p.m. on Saturday, with no work on Sunday.
Commissioner Daniel asked whether a construction fence to protect neighboring
homes. Mr. Backman explained there would be a construction management plan,
which would include silt fence and dust control, along with dollars being allocated
in the development agreement for cleanup.
Commissioner Daniel inquired regarding the concerns with arsenic, and asked
whether the company would be able to meet the requirements. Mr. Nelson stated
the requirement is to come down to Code levels or cap it over. He explained
Minutes
March 22, 2023 — Regular Commission Meeting
Page 15
background concentrations of arsenic and stated the developer would be touching
all the dirt on the site under the supervision of Broward County.
Commissioner Daniel stated she was continually hearing about arsenic concerns,
and asked for confirmation that the City would not allow the project to be built on
land with arsenic levels that were too high. Mr. Nelson stated City, County, and
Department of Environmental Protection staff would be monitoring the issue and
making sure the developer lives up to the requirements. Mr. Backman added that
permits would not be issued if the requirements were not met.
Mayor Gomez expressed appreciation for everyone's respectful comments. She
stated it was the Commission's responsibility to listen and make a decision in the
best interest of the community. She discussed the Woodlands Country Club and its
failure. She shared her personal experience with the Woodlands since she was two
(2) years old and discussed lack of participation in helping the golf course to
survive. She asserted as a Woodlands homeowner she understands the concerns and
cares deeply.
Continuing, Mayor Gomez addressed gating the community of Woodlands, and
noted the Woodlands Neighborhood Improvement District was created at the
specific request of the residents for the limited purpose of gating the entire
community, beautifying, and landscaping. She shared renderings created by
residents at the time of the district's creation and noted the images were for
demonstrative purposes only. Mayor Gomez reiterated comments that the golf
course was not public property, and stated if the development goes through, there
will be safe public walking trails and sidewalks for people to walk their dogs, run,
and travel safely.
Mayor Gomez stated as a breast cancer survivor, she is not blaming anyone for her
experience and cannot allow fear tactics to dictate how she votes. She discussed
issues of access by emergency responders and stated that while golf courses do not
count as green space, this project will include green space that runs with the land
for eternity and offer protections to the community. Mayor Gomez stated in her 12
years on the Commission, she had not seen any other developer listen and change
projects the way 13t' Floor had. She noted it was not easy to watch the community
die as it had been, and asserted they should not be afraid to be great.
Moved by Commissioner Villalobos; seconded by Vice Mayor Bolton to adopt
Ordinance TO2402 on second reading.
Motion Approved: 3-2.
Voting For: Mayor Gomez, Commissioner Daniel, and Commissioner Villalobos.
Voting Against: Vice Mayor Bolton and Commissioner Wright.
Minutes
March 22, 2023 — Regular Commission Meeting
Page 16
5.b. T02403 - 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
10-2.1(B) of Chapter 10 of the City of Tamarac Code of Ordinances for said lands
situated, lying, and being in Broward County, Florida, and known as "The
Woodlands" and located at or bounded by West Commercial Boulevard to the
North, Rock Island Road to the East, NW 64 Avenue to the West and NW 44 Street
to the South, and more particularly described in the legal description shown in
Exhibit "A" attached hereto, to rezone approximately 165.53 acres from RC
(Recreation) zoning classification to RE (Residential Estate) zoning classification,
to facilitate the development of a residential use by Michael Nunziata of 13th Floor
Woodlands HB GP, designated agent for the property owner, Clublink us
Corporation and provide consistency with the Land Development Code in
accordance with the intent of the comprehensive plan of the City of Tamarac;
(Case No. 3-Z19); providing for amendment to the official zoning map to reflect
such change; providing for conflicts; providing for severability; and providing for
an effective date.
Items 5a and 5b were heard together.
Moved by Commissioner Villalobos; seconded by Vice Mayor Bolton to adopt
Ordinance T02403 on second reading.
Motion Approved: 3-2.
Voting For: Mayor Gomez, Commissioner Daniel, and Commissioner Villalobos.
Voting Against: Vice Mayor Bolton and Commissioner Wright.
6. ORDINANCE(S) — FIRST READING — PUBLIC HEARING
6.a. T02488 - An Ordinance of the City Commission of the City of Tamarac, Florida,
providing notice of intent to approve a development agreement between
Woodlands Club Holdings, LLLP and the City of Tamarac, for the development
of a maximum of 335 single family dwelling units, not to exceed 30 ft. In height,
located within residential pods, developed at a maximum density of 2.4 dwelling
units per gross acre; a new clubhouse and amenity campus, not to exceed 60 ft. In
height, located within the recreation pod; and accessory commercial uses
incidental to the single family dwelling units; and a minimum of 160 acres of open
space, for the development of property known as "The Woodlands" bounded by
West Commercial Boulevard to the North, Rock Island Road to the East, NW 64
Avenue to the West, and NW 44 Street to the South; as more fully described in the
development agreement attached hereto as Exhibit "A"; authorizing the
appropriate City Officials to do all things necessary to effectuate the intent of this
ordinance; providing for conflicts; providing for severability; and providing for
an effective date.
Minutes
March 22, 2023 — Regular Commission Meeting Page 17
City Attorney Ottinot read the title for the record.
Moved by Commissioner Villalobos; seconded by Vice Mayor Bolton to approve
Ordinance T02488 on first reading.
There were no presentations and no discussion on the item by the Commission.
Motion Approved: 3-2.
Voting For: Mayor Gomez, Commissioner Daniel, and Commissioner Villalobos.
Voting Against: Vice Mayor Bolton and Commissioner Wright.
Mayor Gomez asked for a proffer that the development agreement on second
reading be presented with a Site Plan attached. Mr. Backman agreed.
7. REGULAR AGENDA
7.a. TR13911 - A Resolution of the City Commission of the City of Tamarac, Florida,
authorizing the appropriate City Officials to execute a locally funded agreement
between the State of Florida Department of Transportation (FDOT) and the City
of Tamarac, attached hereto as Exhibit "1", and incorporated herein; to provide
financial assistance in the amount of One Hundred Fourteen Thousand Nine
Hundred Sixty Four Dollars and no cents ($114,964.00), in connection with
FDOT's construction of an adaptive traffic signal control system and associated
upgrades along SR870/Commercial Boulevard from Rock Island Road to
SR5/US-1 in Broward County, Florida; project # FM NO.441944-1-52-01; funded
in Fiscal Year 2023/2024; providing for conflicts; providing for severability; and
providing for an effective date.
City Attorney Ottinot read the title for the record.
Assistant City Manager Maxine Calloway explained the obligation for payment
within the agreement was predicated on the development agreement in Item 6a be
approved and asked that the item be tabled to the same agenda as the second reading
of that agreement.
Mayor Gomez stated the item was tabled until such time as the development
agreement was before the Commission for second reading.
8. ORDINANCE(S) — SECOND READING
9. PUBLIC HEARING(S)
10. OTHER
ADJOURNMENT
There being nothing further to discuss, Mayor Gomez adjourned the meeting at 2:11 a.m.
Minutes
March 22, 2023 — Regular Commission Meeting Page 18
Minutes transcribed by Crysta Parkinson, Prototype, Inc. and submitted by Kimberly Dillon, City
Clerk.
Kimberly Dillon, CMC
Michelle J. Gomez, Mayor
Note to the reader: The above signature is the City Clerk, of the City of Tamarac, Florida. If the
minutes you have received are not signed, or completed as indicated above, they are not the official
minutes of the Regular City Commission Meeting held Wednesday, March 22, 2023.
Pursuant to Chapter 286.0105, Florida Statutes, if a person decides to appeal any decision made
by the City Commission with respect to any matter considered at such meeting or hearing, he may
need to ensure that a verbatim record of the proceedings is made which record includes the
testimony and evidence upon which the appeal is based.
The City of Tamarac complies with the provisions of the Americans with Disabilities Act. If you
are a disabled person requiring any accommodations or assistance, please notify the City Clerk's
Office at (954) 597-3505 of such need at least 48 hours (2 days) in advance. Additionally, if you
are hearing or speech impaired and need assistance, you may contact the Florida Relay Service
by dialing 7-1-1.
Affected Parties that registered
For
Harvey Quinton
Patrick Sherlock
3) Gilles Boudreau )4
4) Robert A Wood X
5) Karen Wood 7
6) Tao Pan
Cecilia Kleinrichert
.�) Patricia Fox
Armando Perez
Against
1) Laurence Mellgram —
,2� Sandra Hill — sAJc� Ste- t
✓af Stanley Tracey
4) Gordan and Deborah Merritt
Andy Felix & Witness, Robert Hartsell, ESQ.
Jeffrey Shapiro / Sylvia Brenstein
�7) Jose Spena
✓8) Christopher Hodgkins
Monica Barros
From: Kimberly Dillon
Sent: Wednesday, March 22, 2023 9:26 PM
To: Monica Barros
Subject: Fwd: [EXTERNAL] Stop 13th Floor - Save The Woodlands!
Print for me plz. Asap
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From: jsstoy@aol.com <jsstoy@aol.com>
Sent: Sunday, March 12, 2023 10:50:40 AM
To: Michelle J. Gomez <Michelle.Gomez(ptamarac.org>; Morey Wright Jr. <Morey.Wright@tamarac.org>; Marlon Bolton
<Marlon.Bolton@tamarac.org>; Elvin Villalobos <Elvin.Villalobos@tamarac.org>; Kicia Daniel
<Kicia.Daniel@tamarac.org>; Kimberly Dillon <Kimberly.Dillon @tamarac.org>; Maxine Calloway
<Maxine.Calloway@tamarac.org>; info@savethewoodlands.org <info@savethewoodlands.org>
Subject: [EX-1 ERNAL] Stop 13th Floor - Save The Woodlands!
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Dear Mayor and Commissioners,
I'm writing to you in opposition of the current proposal submitted by 13th Floor to the City. Please VOTE NO on the 13th
Floor proposal and save our community from destruction! My name is Jeffrey Shapiro and reside at 6104 Orchard Tree
Lane with my 91-year-old mother, Sylvia Bronstein, in the Woodlands Community.
The reasons for my house holds opposition are numerous: Here just a few of the major reasons:
1) There is Arsenic in the golf course soil, and redevelopment of the land will just release the arsenic into the air causing a
major health hazard (causing Cancer and other major breathing health ailments) to the community and outside the
community to Lauderhill residents. Arsenic has no smell, and is invisible in the air, and will be released with all the dirt and
dust in the air form what the redevelopment of the golf course land will have.
2) Flooding - Broward County Code is that any redevelopment has to be at a much higher elevation that what the
Woodlands Community was built at over 50 years ago. There will be also the loss of absorption from the golf course land
which is has had and was designed for over 50 years ago. With the Woodlands golf course land being replaced by mainly
asphalt and concrete the absorption is lost and science tells you that water only runs down -hill. This will result in major
Flooding, expanding the waterways is not going to resolve this issue because of the amount of absorption content that will
be lost is so much greater than what expanding of what the waterways will be is not enough, and will not offset the
amount of absorption lost from the Woodlands golf course land. With the new elevation higher and loss of moisture
content, the Flooding risks become much greater than what they are today.
3) Household Sewer System - The original sewer system pipes were all relined on the inside of the pipes narrowing the
diameter of the original piping throughout the Woodlands Community to the residence of the Woodlands. This lowered the
capacity inside the pipes. As of 3 years ago, the sewer system for the Woodlands Community is operating at full capacity.
Development of additional home sites would have to be tied in and connected to our existing sewer system, but there is
no room for all the additional waste in the sewer system pipes because it is already operating at full capacity. If this is
done, we wilt ,have exploding sewer pipes just like what had happened 2 years ago in downtown Ft. Lauderdale off of Las
Sol Las Blvd` to the residence there. This can also cause sewage to backup into our homes. This is a potential health
hazard.
4) Traffic - Commerical Blvd. is already an 'F" rating by FDOT (Florida Department of Transportation). The traffic currently
in the mornings backs up going Eastbound to White Oak Lane on Commerical Blvd from US 441 (which is also known as
State Road 7). The back up is so bad it becomes a very slow -moving parking lot. It is this way currently for hours, and I
just experienced it again on March 10, 2023. FDOT had stated in a report that the traffic would have to be improved "prior
to" approving any additional new development inside the Woodlands Community, from US 441 to NW 64th Avenue for
both East -bound and West -bound traffic. This has not been done. The current rating is still an "F".
5) Entering and Exiting the Woodlands Community - Currently, and the way the Woodlands Community was designed
aver 50 years ago has 6 Entrance's and 6 Exit's. The development plan calls for there only being one main entrance at
the intersection Woodlands Blvd and Commerical Blvd with a smaller entrance on Rock Island Road. Exiting the
Woodlands Community there would be the main entrance and only 3 other exit places. This will divert much more traffic to
exit the Woodlands Community and the intersection of Woodlands Blvd & Commerical Blvd, putting much more traffic on
to Commerical Blvd than currently. This will also directly impact response time of Fire Rescue putting life and health at
risk, especially if it is a life -or -death situation at the time. This is a horrible plan for the Woodlands Community and the
homeowners.
This is just some of my reasons to oppose the Woodlands Country Club project, Case No. Petition 1-LUA19: Large -Scale
Land Use Plan Amendment and Case No. Petition 3-Z-19: Rezoning along with Case Petition Development.
Sincerely,
Jeffrey Shapiro
(954) 873-4425.