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Home My WebLink About2023-07-12 - City Commission Regular Meeting MinutesREGULAR CITY COMMISSION MEETING MINUTES WEDNESDAY, DULY 12, 2023 7:00 PM COMMISSION CHAMBERS CALL TO ORDER Mayor Michelle J. Gomez called the Wednesday, July 12, 2023, City Commission meeting, being held in Commission Chambers, to order at 7:02 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 Pamala Ottinot, and Assistant City Clerk Monica Barros. PLEDGE OF ALLEGIANCE Vice Mayor Marlon Bolton 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. Legislative Update Presentation by State Representative Dan Daley State Senator Rosalind Osgood shared a brief update on the recent legislative session. He discussed increased divisiveness in the legislature and priorities such as rising property insurance costs. He highlighted bills he had worked on, including referral incentives for the National Guard and a student bill that will put instructions for choking emergencies in high schools. He noted he had again supported Jaime's Law, also known as the Ammunition Background Check Act, but it did not make it to the House floor. He briefly discussed funding secured and introduced his team. Item 2b was heard prior to item 2a. 2.b. Legislative Update Presentation by Edward Mejia and Kobe Kirschner on behalf of U.S. Representative Sheila Cherfilus-McCormick Edward Mejia and Payton Davis of U.S. Representative Sheila Cherfilus- McCormick's office shared a brief update on recent priorities, including initiatives Minutes July 12, 2023 — Regular Commission Meeting Page 2 to support transportation programs for local schools, healthcare for first responders, safety improvements to roads, a $15.4 million grant for Broward County Railroad Crossing Elimination (RCE) program to help reduce trail collision fatalities, addressing the housing crisis, keeping disposable vapes away from children, and protecting veterans and seniors. 2.c. City of Tamarac's 6011 Anniversary Proclamation 2.d. Video Presentation Celebrating Parks & Recreation Month 2.e. Presentation of Plaque to the City Commission by Randy Hibshman, Challenger Little League Baseball Team — Item was pulled from the agenda 21. Investment Report — May 2023 City Manager Sucuoglu made a presentation of the City Manager's Report which is on file in the City Clerk's Office. 3. PUBLIC PARTICIPATION Mayor Gomez noted the rules for public comment were posted and opened the floor to comments from the public. 1) Dr. Darcy Schiller, Kings Point, Tamarac, apologized to Commissioner Wright for an inaccurate comment she made during the last meeting regarding his position on the Commission car allowance. 2) Dr. Kate Johnson, Mainlands 4, Tamarac, thanked the Commission for listening to their constituents and pulling the golf course item from the agenda. She spoke in support of adopting the Life Ring initiative and providing free swimming lessons, as the programs may save lives. She noted that backup materials are necessary to make agenda items transparent to the public. 3) Annette Bowden, 6562 NW 16th Court, Margate, Parent Leadership Training Institute (PLTI), along with Madeline Noel, Carla Figueroa, Aretha Wimberly, Jessie Alley, Sandra Shaffer and Crystal Swinton, thanked the Commission for their support of the program and presented the City with a certificate of appreciation for helping parents learn to advocate for their children. 4) Ron Wasserman, 8577 Jade Drive, Tamarac, asked everyone listening to get screened for cancer. He recognized Korean War Veteran John Ambrose on his recent passing. He talked about the importance of advocating for yourself on important issues. 5) Jeffrey Shapiro, 6104 Orchard Tree Lane, Tamarac, stated the City should be ashamed of the rezoning decision for the Woodlands, as it only helped the owner of the course. He asserted the City had no plan or development agreement, and the golf course land had increased in value as a result of the decision. Continuing, he discussed the impacts of global warming. Minutes July 12, 2023 — Regular Commission Meeting Page 3 6) Patti Lynn, Mainlands, Tamarac, commended the Parks and Recreation Department and Historical Society for their efforts in the community. She noted she has been dealing with a Code Enforcement issue due to an issue in her homeowners' association and thanked Code Compliance Manager Scott Krajewski for a job well done. She noted infants younger than two (2) and senior citizens should also be considered when discussing item 10b. 7) Linette Smith, 6341 NW 90th Avenue, Tamarac, stated the City needs to be doing a lot more to increase business in the City so that residents don't have to drive to Coral Springs to have a nice dinner. 8) Stewart Webster, Versailles Garden, Tamarac, thanked the City for its constantly improving public events and asked whether transportation was considered for those in the eastern part of the City. He stated he attended the July 10 workshop and noted the absence of a Commissioner. He asserted that a representative of the PGA or similar tour should have been invited to participate in the discussion about Colony West. He suggested all three (3) search contracts should not be awarded to the same company. 4. CONSENT AGENDA City Manager Sucuoglu stated there were no changes to the consent 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 the May 24, 2023 Commission Meeting Minutes. 4.b. Approval of the June 14, 2023 Regular Commission Meeting Minutes. 4.c. Approval of the June 21, 2023 Commission Budget Workshop Minutes. 4.d. TR13971 — A Resolution of the City Commission of the City of Tamarac, Florida, approving a Project Development Agreement (PDA) with Johnson Controls Inc. (JCI) for the development of a turnkey project to upgrade the customer water metering system at a cost not to exceed $74,140 utilizing pricing available through Sourcewell Contract Number 070121-JHN; authorizing the appropriate City Officials to take all necessary steps to effectuate and administer the PDA; authorizing expenditures from the appropriate accounts; providing for conflicts; providing for severability; and providing for an effective date. 4.e. TR13974 - A Resolution of the City Commission of the City of Tamarac, Florida, approving and authorizing the purchase of budgeted replacement of turf and ballfield maintenance equipment for Grounds Maintenance Division, utilizing the Minutes July 12, 2023 — Regular Commission Meeting Page 4 OMNIA Partners, City of Mesa Cooperative Contract No. 2017025, in an amount not to exceed $70,802.89; authorizing an expenditure in the amount not to exceed $70,802.89 from the appropriate accounts; providing for conflicts; providing for severability; and providing for an effective date. 4.f. TR13977 - A Resolution of the City Commission of the City of Tamarac, Florida, approving Change Order No. 2 to RFP Bid No. 20-15R, approved by City Commission of the City of Tamarac via Resolution Number R-2021-127 on October 27, 2021 and authorizing the appropriate City Officials to authorize and execute Change Order #2 with MBR Construction, Inc., to provide project scope modifications on the Caporella Park Enhancements Project in accordance with MBR Construction, Inc.'s Contract Agreement for an amount not to exceed $149,585.04, as authorized by Resolution No. R-2021-127; authorizing the appropriate City Officials to execute said change order; authorizing an expenditure from appropriate accounts; providing for severability; and providing for an effective date. Items Sh and 5i were heard prior to item Sa. 5. REGULAR AGENDA 5.a. TR13953 - A Resolution of the City Commission of the City of Tamarac, Florida, approving the proposed millage rate of 7.1766 mills for general operating purposes; approving September 14, 2023 at 5:05 p.m. at the Tamarac Commission Chambers, 7525 N.W. 88th Avenue, Tamarac, Florida, as the date, time and place for the first Public Hearing to set the tentative millage rate and budget for Fiscal Year 2024; approving September 26, 2023 at 5:05 p.m. at the Tamarac Commission Chambers, 7525 N.W. 88th Avenue, Tamarac, Florida, as the date, time, and place for the second Public Hearing to adopt the millage rate and budget for Fiscal Year 2024; authorizing the City Manager to send the proposed millage rate of 7.1766 and the date, time and place for both the first and second Public Hearings to the Broward County Property Appraiser for Fiscal Year 2024; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Ottinot read the title for the record. Moved by Commissioner Villalobos; seconded by Commissioner Wright to approve the resolution as presented. Mayor Gomez opened the floor to comments from the public, however there being no one to speak, closed public participation. Budget Manager Jeff Streder provided a presentation of the Proposed FY2024 Budget and Millage Rate, which is on file in the City Clerk's Office. Minutes July 12, 2023 — Regular Commission Meeting Page 5 Budget Manager Streder stated the General Fund Operating Millage Rate Operating Millage Rate was proposed at 7.1766 mills. He stated the Rolled -Back Rate for Fiscal Year 2024 was 6.3441 mills or 13.12 percent less than the proposed Millage Rate. He explained this rate would constitute a not to exceed rate for the September budget hearings and explained the rates were updated since the budget workshop to utilize the July 1 certified numbers. Commissioner Villalobos asserted that the Commission had fought hard to keep the Millage Rate to 7.000. He stated he was in favor of maintaining that rate. Commissioner Daniel noted she had wanted to see the not to exceed rate higher so the Commission could have the option of keeping the Fire Assessment flat. Vice Mayor Bolton clarified that the rate was a not to exceed amount and could be lowered during the budget hearings. Motion Approved: 4-1. Voting For: Mayor Gomez, Vice Mayor Bolton, Commissioner Daniel, and Commissioner Wright. Voting Against: Commissioner Villalobos. 5.b. TR13954 - A Resolution of the City Commission of the City of Tamarac, Florida, relating to the provision of Fire Rescue services, facility and programs in the City of Tamarac, Florida; establishing the estimated assessment rate for Fire Rescue Assessments for the Fiscal Year beginning October 1, 2023; directing the preparation of an Assessment Roll; authorizing a public hearing and directing the provision of notice thereof; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Ottinot read the title for the record. Moved by Mayor Gomez; seconded by Commissioner Villalobos to approve the resolution as presented. Mayor Gomez opened the floor to comments from the public, however there being no one to speak, closed public participation. Budget Manager Jeff Streder provided a presentation, which is on file in the City Clerk's Office. Commissioner Villalobos asked whether the General Fund would make up the difference in the cost of fire rescue services if the Fire Assessment was not approved. Budget Manager Streder stated relying more heavily on an appropriation from fund balance would also be an option, or a combination of both. Commissioner Villalobos asserted that all residents pay the same Fire Assessment fee, whether they are in a condo or a large house, but if the expense came out of the General Fund, residents would be paying the expense proportionally. Minutes July 12, 2023 — Regular Commission Meeting Page 6 Mayor Gomez asked for additional explanation as to how the service would be maintained without the increase. Finance Director Cajuste noted fund balance would be utilized. Budget Manager Streder added that at some point, the savings would dwindle to nothing, and it would be detrimental to the service. Motion Approved: 3-2. Voting For: Mayor Gomez, Vice Mayor Bolton, and Commissioner Daniel. Voting Against: Commissioner Wright and Commissioner Villalobos. 5.c. TR13955 - A Resolution of the City Commission of the City of Tamarac, Florida, relating to the provision of stormwater management provided by the City's Stormwater Utility; determining that certain real property will be specifically benefited thereby; establishing and confirming the method of calculating the cost of stormwater management service against the real property that will be specifically benefited thereby; directing the City Manager to prepare or direct the preparation of a preliminary Stormwater Utility Management Fee Roll based upon the methodology set forth herein; establishing a public hearing for the proposed Stormwater Utility Management Fees and directing the provision of notice in connection therewith; providing for conflict; providing for severability; and providing for an effective date. City Attorney Ottinot read the title for the record. Moved by Commissioner Villalobos; seconded by Commissioner Wright to approve the resolution as presented. Mayor Gomez opened the floor to comments from the public, however there being no one to speak, closed public participation. Budget Manager Jeff Streder provided a presentation, which is on file in the City Clerk's Office. Mayor Gomez asked for clarification on what was covered by the fees. Director of Public Services John Doherty outlined the operations and capital improvements covered by the fee. He noted salaries and the master pump stations are included. Motion Approved: 5-0. Voting For: Mayor Gomez, Vice Mayor Bolton, Commissioner Daniel, Commissioner Wright, and Commissioner Villalobos. Voting Against: None. 5.d. TR13956 - A Resolution of the City Commission of the City of Tamarac, Florida, relating to the provision of residential solid waste collection services and facilities and programs in the City of Tamarac, Florida; providing for purpose and definitions; providing for legislative determinations; establishing the estimated rate for the Residential Solid Waste Collection Services Assessment for the Fiscal Minutes July 12, 2023 — Regular Commission Meeting Page 7 Year beginning October 1, 2023; directing the preparation of a Residential Solid Waste Collection Services Special Assessment Roll; authorizing a public hearing and directing the provision of notice thereof; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Ottinot read the title for the record. Moved by Commissioner Villalobos; seconded by Commissioner Wright to approve the resolution as presented. Mayor Gomez opened the floor to comments from the public, however there being no one to speak, closed public participation. Budget Manager Jeff Streder provided a presentation, which is on file in the City Clerk's Office. There was no Commission discussion. Motion Approved: 5-0. Voting For: Mayor Gomez, Vice Mayor Bolton, Commissioner Daniel, Commissioner Wright, and Commissioner Villalobos. Voting Against: None. 5.e. TR13957 - A Resolution of the City Commission of the City of Tamarac, Florida, relating to the provision of nuisance abatement on certain real properties by the city in accordance with Chapter 9, Article II, Division V of the City's Code of Ordinances; determining that certain real property has been specially benefited by the city's abatement of nuisances thereon; directing the City Manager to prepare or direct the preparation of a Preliminary Nuisance Abatement Assessment Roll; establishing a public hearing for the proposed levy of unpaid Nuisance Abatement Assessments on the annual tax bill and directing the provision of notice in connection therewith; providing for conflict; providing for severability; and providing for an effective date. City Attorney Ottinot read the title for the record. Moved by Commissioner Villalobos; seconded by Commissioner Wright to approve the resolution as presented. Mayor Gomez opened the floor to comments from the public, however there being no one to speak, closed public participation. Budget Manager Jeff Streder provided a presentation, which is on file in the City Clerk's Office. There was no Commission discussion. Motion Approved: 5-0. Voting For: Mayor Gomez, Vice Mayor Bolton, Commissioner Daniel, Commissioner Wright, and Commissioner Villalobos. Voting Against: None. Minutes July 12, 2023 — Regular Commission Meeting Page 8 51. TR13952 - A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City Officials to execute a 60-month lease agreement with Yamaha Motor Finance Corporation, USA for the lease of 100 Yamaha golf carts at a monthly rate of $10,564.99; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Ottinot read the title for the record. Moved by Vice Mayor Bolton; seconded by Commissioner Villalobos to approve the resolution as presented. Mayor Gomez opened the floor to comments from the public, however there being no one to speak, closed public participation. Commissioner Villalobos asked how many golf carts are used. Director of Parks and Recreation Greg Warner cited the number of rounds per month played on each of the courses. Commissioner Wright inquired as to the reason for the large increase in the lease payment amount. Director of Parks and Recreation Warner explained that when the City took over the golf course in 2011, golf carts were purchased, but in 2019 it was deemed more fiscally sound to lease carts and the owned carts were traded in to offset the lease cost. Mayor Gomez asked whether the carts were covered by user fees. Director of Parks and Recreation Warner confirmed. Motion Approved: 5-0. Voting For: Mayor Gomez, Vice Mayor Bolton, Commissioner Daniel, Commissioner Wright, and Commissioner Villalobos. Voting Against: None. 5.g. TR13979 - A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City Officials to award RFP 23-22R and execute an Agreement with Beefree, LLC, dba Freebee for the provision of OnDemand Rideshare Services for a three (3) year Agreement at an amount not to exceed $1,049,992.30, plus a contingency in the amount of $150,000.00 for a total three (3) year budget of $1,199,992.30; providing for the extension and renewal of the agreements or approval of assignments and other amendments to the agreements by the City Manager or appropriate City Officials; authorizing the appropriation of funds; providing for conflicts; providing for severability; and providing an effective date. City Attorney Ottinot read the title for the record. City Manager Sucuoglu sought and received consensus to pull the item from the agenda. Commissioner Villalobos was opposed. Minutes July 12, 2023 — Regular Commission Meeting Items Sh and Si were heard prior to item 5a. Page 9 5.h. TR13972 - A Resolution of the City Commission of the City of Tamarac, Florida, approving feasibility study and advisory services proposals between the City of Tamarac and Colliers International Florida LLC for study of city -owned properties including a new government campus and the Colony West Glades Golf Course; utilizing the terms and conditions for advisory services per the City of Tamarac term agreement with Colliers International Florida LLC effective July 5, 2022 through May 28, 2024 from the City of Fort Lauderdale piggyback agreement RFP No. 12630-225; approving the use of this agreement and approving aggregate funding in an amount not to exceed $92,000.00 in total for both proposals; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Ottinot read the title for the record. Moved by Mayor Gomez; seconded by Commissioner Villalobos to amend the resolution to remove Colony West from consideration and to amend the not to exceed amount. Mayor Gomez opened the floor to comments from the public. Commissioner Wright asked the City Manager whether there was a restrictive covenant to maintain the Colony West golf course as a golf course into perpetuity. Mayor Gomez asserted it was a good question but would be addressed in order. 1) John Deutschmann, 6331 NW 89"' Avenue, Tamarac, stated Commissioner Wright's question was the reason so many people are present at the meeting. He thanked the Commission for choosing to remove Colony West from consideration for the study. He asserted the opening of the Fairfield Marriott development would help to spur economic development in the community and bring the course more business. He stated Tamarac's grandchildren's children deserve the opportunity to enjoy the green space, and it should be protected. 2) Pamela Bushnell, Mainlands, Tamarac, noted she was Mayor of Tamarac in 2011 when the City signed the agreement to purchase Colony West. She stated the golf course should not be developed, and the Commission should listen to the residents. 3) Dr. Darcy Schiller, Kings Point, Tamarac, stated she was very much opposed to a new government campus. She noted that according to the discussion, the City does not have the money in its budget for the project. She stated this is not the time, and the entire agenda item should be scratched. 4) Dr. Kate Johnson, Mainlands 4, Tamarac, thanked the Commission for listening to their constituents and removing Colony West from the discussion. She noted Minutes July 12, 2023 — Regular Commission Meeting Page 10 a recent presentation regarding how well the course was doing. She stated adding miniature golf and a driving range could be accomplished with upgrades. She pointed out City Hall was built in 1978, so is newer than most houses in Tamarac. She asked questions regarding the project and alternatives and asserted that while the City talks about needing things on the east side of Tamarac, they are talking about moving the government complex further west, and this was not accessible for all residents. 5) Steven Golob, Colony West, Tamarac, stated he and Commissioner Wright would be arrested together if anyone tries to bulldoze the golf course. He asked whether there was a cancelation agreement with Colliers, because the attachment showed the agreement went through 2024. He discussed flooding on the course and stated it needed to be addressed. 6) Wendy Soto, 6370 NW 90t' Avenue, Tamarac, stated she loves the community of Tamarac and is hearing a lot of panic about possible construction at Colony West. She asked what she can do as a citizen to express her support for preserving the course. 7) Elmer Orellana, 6390 NW 90'' Avenue, Tamarac, thanked his neighbors for showing up to support Colony West. 8) Patricia Officer, 6370 NW 89t' Avenue, Tamarac, stated residents thought the Colony West issue was resolved 12 years ago. She said she was glad the item was being removed but wanted more. 9) Linette Smith, 6341 NW 90t' Avenue, Tamarac, stated her concern is with Colony West and what the development plans are for the golf course. She stated she wanted to know if there were buildings going up behind her or not. 10) David Garcia, 6710 NW 80 Avenue, Tamarac, stated he and his wife are concerned with development of the golf course. He noted living next to the course is pleasant and a charming experience. He asserted if the property is developed, the details of the plan could change in the process. He expressed concern with facilities for the homeless population expanding. 11) Manuela Tarroja Keller, 9743 North Grand Duke Circle, Tamarac, thanked the Commission for removing Colony West from the discussion. She shared the concern of previous speakers that there were no assurances the issue would come back up in the future. She suggested a resolution that any further studies of Colony West would exclude residential and commercial development. 12) Stewart Webster, Versailles Garden, Tamarac, commented on how the RFP for the studies was advertised. He asserted the presentation from Colliers about City Hall was lackluster and cookie cutter. He stated staff should do better, and Minutes July 12, 2023 — Regular Commission Meeting Page 11 noted a compact City Hall could be built on the western side of the existing site or on a site on the eastern side of Tamarac. He added that a wider search for an architect was needed. 13) Dawn Wisdom, Tamarac, stated the residents were sad to have heard about the study from the newspaper, instead of the City. She asserted communication should be more open, and stated she looked forward to the answer to Commissioner Wright's question. 14) Lynn Makowski, Tamarac, stated she does not live on the golf course, but is concerned about the City losing its green spaces. She noted a Broward County meeting that showed Tamarac with the least amount of tree canopy in the County and noted she wanted to encourage expanded green space. 15) Jennifer Lacey, Colony West, Tamarac, expressed appreciation that Colony West was taken off the study, and stated her concern was that she found out about the item from a neighbor who read it in the newspaper. She stated there are a number of unfinished projects in the City, and she does not think the focus should be on developing this course with all of that going on. She added that other communities have parks, and Tamarac has golf courses. Mayor Gomez closed public participation. Commissioner Villalobos asked staff to clarify the origins of the agenda item. Assistant City Manager Calloway explained the idea had come out of a strategic planning session, and staff was asked to look at the viability of options to improve the property. She noted what was on the agenda was an exploratory study, and had nothing to do with development, building, or construction. Commissioner Villalobos asked staff to explain the notification process. Assistant City Manager Calloway outlined the process briefly, noting significant notice would be required for any construction project. City Manager Sucuoglu provided additional detail regarding transparency of agenda items. Commissioner Wright asked counsel whether a restrictive covenant that would ensure the golf course remains perpetuity was possible. City Attorney Ottinot responded that if the Commission wanted a restrictive covenant that runs with the land, that was an option and staff could be directed to work toward that goal. Mayor Gomez noted the Colony West golf course has maintenance needs and discussed efforts to encourage citizen engagement. Vice Mayor Bolton asked Ken Krasnow, Vice Chairman of Institutional Investor Services with Colliers to review his qualifications. Mr. Krasnow outlined his background and that of Colliers briefly. Discussion continued regarding Mr. Krasnow's past projects in Tamarac and other communities. Minutes July 12, 2023 — Regular Commission Meeting Page 12 Vice Mayor Bolton asked for additional clarification on past and pending contracts with Colliers. Keith Glatz, Purchasing and Contracts Manager, explained past expenditures and the value of contracts on the agenda. Vice Mayor Bolton inquired as to the contract process. Assistant City Manager Calloway stated it was a piggyback contract with the City of Fort Lauderdale. She explained that Colliers had served as an economic development partner for approximately six (6) years. Vice Mayor Bolton asked the City Manager's spending authority. City Manager Sucuoglu stated it was $65,000. Commissioner Villalobos stated that two (2) months ago, he proposed a moratorium on any new construction until capacity was determined. He asserted he is not in support of this item as there are a large number of pending projects in the City. Commissioner Wright asked whether the City Manager had the authority to spend the $12,500 and conduct a study without the knowledge of the Commission. City Manager Sucuoglu stated that theoretically he could, but the reason for the agenda item was that staff values transparency. Commissioner Wright asserted that while Commissioner Villalobos had put up the idea of a moratorium, he had also voted in support of development in the Woodlands. Commissioner Wright agreed with the resident comment that the Colliers presentation related to City Hall was lackluster. He stated if the City was going to invest in a new City Hall, it was a big investment, and he was not excited by the knowledge shown by the expert. Mr. Krasnow clarified that the data at the end of the study would be real numbers that the Commission could use to make decisions. Discussion continued regarding the scope of the study. Vice Mayor Bolton asserted he would not entertain the study because the residents are asking for commercial development, and the study could give answers the residents do not want, so it is not needed. Mayor Gomez asserted the Commission is not in the business of giving the answers about what is possible. She stated Colliers has the experience to educate the Commission on what can be brought in, including restaurants. Mayor Gomez asked staff to review projects pending on City -owned and private property, as well as projects of the City's fagade improvement program. Director of Economic Development Lori Funderwhite and Assistant City Manager Calloway reviewed the list. Commissioner Daniel asked whether staff could conduct the research instead of hiring an outside firm. Assistant City Manager Calloway stated the scope of work, including viability of projects, a space assessment for efficient management of all Minutes July 12, 2023 — Regular Commission Meeting Page 13 City staff in one (1) location, and the valuation of City property, was outside of the purview of staff. Mayor Gomez noted the Commission had discussed leaving the community center at its current location during the workshop earlier in the week. She asked whether an evaluation of that option was included in this study. City Manager Sucuoglu confirmed that it was. Moved by Mayor Gomez; seconded by Commissioner Villalobos to amend the resolution to remove Colony West from consideration and remove the associated amount of $12,500 from the proposal. Motion Approved: 5-0. Voting For: Mayor Gomez, Vice Mayor Bolton, Commissioner Daniel, Commissioner Wright, and Commissioner Villalobos. Voting Against: None. Moved by Mayor Gomez; seconded by Commissioner Villalobos to approve the resolution as amended, including a note to exceed budget amount of $79,500. Motion Failed: 1-4. Voting For: Mayor Gomez. Voting Against: Vice Mayor Bolton, Commissioner Daniel, Commissioner Wright, and Commissioner Villalobos. Mayor Gomez sought and received consensus to direct staff to explore a restrictive covenant covering the Colony West golf courses and bring forward a resolution for discussion at a future workshop. Mayor Gomez called for a recess at 9:30 p.m. Mayor Gomez called the meeting to order at 9:47 p.m. 51 TR13981 - A Resolution of the City Commission of the City of Tamarac, Florida, approving a purchase and sale agreement between the city of Tamarac and Shaker Village Condominium Association, Inc., in the amount of one million nine hundred forty thousand dollars ($1,940,000.00) in substantially the same form as Exhibit "1" attached hereto; to acquire the old Shaker Village Clubhouse property located on Canterbury Lane, property id # 4941 11 01 0170, as more particularly described in the legal description attached in Exhibit "A", pursuant to section 2-316 of the city of Tamarac code of ordinances; directing the City Manager and City Attorney to negotiate a shared use agreement subject to the approval of the City Commission with Shaker Village Condominium Association for the use of a proposed city community center to replace the old Shaker Village Clubhouse; authorizing the City Manager and the City Attorney to take all necessary actions to effectuate the purchase; authorizing the appropriation of Minutes July 12, 2023 — Regular Commission Meeting Page 14 funds; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Ottinot read the title for the record. Moved by Vice Mayor Bolton; seconded by Commissioner Villalobos to approve the resolution as presented. Mayor Gomez stated there was an addendum on the dais and asked City Attorney Ottinot to summarize the changes. City Attorney Ottinot stated the workshop discussion had included consensus that a portion of proceeds from the sale go toward drainage repairs in Shaker Village. He explained staff had added a clause to the agreement requiring the City hold $1.5 million from the sale specifically for Shaker Village to undertake the needed drainage improvement documented by City staff in 2021. He noted this condition would require the approval of the City Commission and the Shaker Village Homeowners Association (HOA) Board of Directors. Mayor Gomez noted scrivener's errors in the addendum. Mayor Gomez opened the floor to comments from the public. 1) Roselyn Honyghan, 56 Canterbury Lane, Tamarac, stated she is a homeowner in Shaker Village and due diligence had been done to explore Mayor Gomez's concerns regarding multiple deeds to the clubhouse, but the concerns had not been substantiated. 2) Dr. Kate Johnson, Mainlands 4, Tamarac, stated this issue brings up a lot of questions. She asserted the City was rescuing private property, and others could use new windows. She stated Vice Mayor Bolton lives in Shaker Village and would benefit financially from the purchase, so should recuse himself from the vote. She discussed the history of the agreement and argued Tamarac taxpayers were being asked to foot the bill for an ineptly run private association. She recommended the property be condemned and assumed for outstanding debt. 3) Dr. Darcy Schiller, Kings Point, Tamarac, stated she would like to see the clubhouse demolished and rebuilt with multiple stories, along with a swimming pool, tennis courts, and a basketball court. She discussed the need for children to have places to play. She stated she was not opposed to sharing the clubhouse with Shaker Village, but it should be done strategically. 4) Jeffrey Shapiro, 6104 Orchard Tree Lane, Tamarac, stated he was against the use of City dollars for this project. He noted he did not see a benefit at all, and asserted what happened in Shaker Village should have been dealt with by that community. Minutes July 12, 2023 — Regular Commission Meeting Page 15 5) Stewart Webster, Versailles Garden, Tamarac, complimented the new members of the Shaker Village HOA. He stated while he is in favor of this project, he is concerned with the agreement and wants the City to do its due diligence. 6) Carol Mendelson, Woodmont, Tamarac, stated there are discrepancies between districts throughout the community. She argued all of the City events in Tamarac are on the west, and people on the east have to travel at least 15 minutes in traffic to get to services. She stated she does not know all of the facts about Shaker Village, but feels it is time to have equity between the east and west and stop forgetting District 1. 7) Jodi Ann Reed, President, Shaker Village HOA, stated four (4) members of the five (5) person Board were present to show their commitment. She acknowledged the concerns voiced and agreed that funds given to Shaker Village in 2017 were mismanaged, but pointed out that was an entirely different Board of Directors. She discussed the activism of the current Board in Shaker Village and stated they had worked tirelessly to advance change. She urged the residents to think of Tamarac as a whole. 8) Colleen Raiz, Shaker Village, stated she had witnessed big changes under the leadership of the current HOA Board. She noted the clubhouse is an eyesore, and every community has things it needs assistance with from the City. She stated this purchase was an investment in the future of the community. Mayor Gomez closed public participation. Commissioner Villalobos agreed with the comment that the clubhouse should have been condemned and noted amenities available in Shaker Village. He read from notes he had taken at the workshop regarding ownership of the property, appraisals, insurance funds, HOA dues and budgets, parking, and the lack of partnership from the Shaker Village HOA Board. Commissioner Villalobos asked why the entire purchase price was not being placed in escrow. City Attorney Ottinot stated the amount was based on the estimate for making the drainage repairs. Commissioner Villalobos asserted the City needs money for roads in Colony West and that project should be put forward ahead of Shaker Village. Vice Mayor Bolton asked that staff make a presentation for the item. Assistant City Manager/Community Development Director Maxine Calloway provided a presentation of her report, which is on file in the City Clerk's Office. Vice Mayor Bolton asked when the City had started looking at acquiring this property. Assistant City Manager Calloway stated it was included in the Capital Improvement Plan in 2020, shortly after the feasibility study was completed. Minutes July 12, 2023 — Regular Commission Meeting Page 16 Vice Mayor Bolton stated that several meetings had been held at Shaker Village and various options were offered which they could have utilized, but none were feasible except purchase of the clubhouse at this time. Assistant City Manager Calloway agreed there had been previous options. She noted the purchase option had been presented after the feasibility study made clear the need for services east of University Drive. Vice Mayor Bolton referenced the appraisal and asked for a breakdown by parcel. Assistant City Manager Calloway reviewed the appraisal. Vice Mayor Bolton asked about other properties the City had purchased and whether those sellers were investigated for mismanagement of funds. City Manager Sucuoglu stated purchases in the past had been of commercial properties, and their financial viability was not a part of the process. Vice Mayor Bolton stated he had done research, and it does not matter who the seller is when making a purchase. Commissioner Villalobos argued the information shared did not apply to the specific purchase of property from an HOA. Vice Mayor Bolton stated the HOA's attorney had determined the Board had the authority to sell the property. He asked counsel to share his position. City Attorney Ottinot explained the matter had been sent to his office for legal review in February and reviewed the process which had been followed to evaluate the transaction. Vice Mayor Bolton asked Director of Parks and Recreation Greg Warner to comment on how parks and community centers add value to the City and on the feasibility study. Director of Parks and Recreation Warner discussed the value of community facilities and the feasibility study. He noted that HOAs and common areas within the community were reviewed as part of the study, and Shaker Village was identified as an area suitable for a park property. Vice Mayor Bolton asked counsel to further discuss the validity of the legal opinion provided. City Attorney Ottinot discussed due diligence conducted regarding this purchase and stated he was confident in the opinion. He noted the seller would be required to provide proof that they could legally sell the property. Commissioner Wright asked counsel to comment on potential conflicts of interest. City Attorney Ottinot discussed the law governing conflict of interest in the State of Florida and locally. He asserted there were no conflicts of interest present. Discussion continued. Commissioner Wright commented on the experience and past legal performance of the City's counsel and staff. He stated the Commission should trust the judgment, knowledge, and expertise of their team. Minutes July 12, 2023 — Regular Commission Meeting Page 17 Mayor Gomez submitted a packet for the record and stated it was her review of the contract conducted under her role as a professional real estate attorney. She discussed the documents included in the packet briefly. Mayor Gomez stated she was in favor of helping Shaker Village but had not been invited to participate in meetings. She asked staff questions regarding how the property had been introduced to the study, meetings to negotiate the sale, and past purchases of similar property. Assistant City Manager Calloway responded. Mayor Gomez stated it was not fiduciarily responsible to purchase at the price for residential and put up a community center. Assistant City Manager Calloway explained the methodology utilized in the appraisals. Discussion continued regarding the comparison between this agreement and the Colony West purchase. Mayor Gomez noted that Vice Mayor Bolton owns a portion of the property, and explained how Florida law is applied to common elements. She stated his involvement in the negotiation was an issue. Mayor Gomez referenced the Shaker Village bylaws and stated they were included in the legal packet she had provided, along with case law and other documents. She asserted the item should be tabled to allow for proper negotiation and vetting. Vice Mayor Bolton thanked the residents of Shaker Village for coming out and showing their support. He stated the purchase would improve the City as a whole. Commissioner Villalobos argued that the Commission had agreed to place the entire purchase price in escrow, but the agreement only held $1.5 million. He stated the contract should not move forward because it was not correct. Commissioner Daniel agreed that enough money should be set aside from the purchase price of the property to cover the drainage project. She asked whether there was an updated quote. Assistant City Manager Calloway stated the most recently amended quote was from 2021, for $1.8 million. She added that it would be the responsibility of the HOA to get an updated quote. Commissioner Villalobos argued the full closing proceeds should be placed in escrow and be used on infrastructure to benefit the Shaker Village community. Consensus was that the $1.5 million of the closing proceeds be placed in escrow to be used toward the necessary drainage improvements. Mayor Gomez and Commissioner Villalobos opposed. Moved by Commissioner Villalobos; seconded by Commissioner Wright to extend the meeting to allow the full agenda to be heard. Motion Approved: 5-0. Minutes July 12, 2023 — Regular Commission Meeting Page 18 Voting For: Mayor Gomez, Vice Mayor Bolton, Commissioner Daniel, Commissioner Wright, and Commissioner Villalobos. Voting Against: None. Commissioner Villalobos pointed out there could be a problem if the amount of the quote for the drainage repairs was more than $1.5 million. Commissioner Daniel stated if the quote comes back for more than the funds held, the HOA would only be able to make a $1.5 million portion of the repairs. Mayor Gomez stated it would be up to the HOA to manage the drainage project and assessments as required. Motion Approved: 3-2. Voting For: Vice Mayor Bolton, Commissioner Daniel, and Commissioner Wright. Voting Against: Mayor Gomez and Commissioner Villalobos. Mayor Gomez called for a recess at 11:32 pm. Mayor Gomez called the meeting to order at 11:45 p.m. 6. ORDINANCE(S) — FIRST READING 7. PUBLIC HEARING(S) 7.a. TR13959 - A Resolution of the City Commission of the City of Tamarac, Florida, approving the projects recommended for inclusion in the Fiscal Year 2023/2024 Annual Action Plan for expenditure of the Community Development Block Grant Funds estimated to be $497,807 for the twenty fourth program year, attached hereto as Exhibit "A"; authorizing the appropriate City Officials to submit said Annual Action Plan and related documents to the United States Department of Housing and Urban Development; authorizing the Mayor or appropriate City Officials to execute Fiscal Year 2023-2024 Annual Action Plan federal application for funding; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Ottinot read the title for the record. Moved by Vice Mayor Bolton; seconded by Commissioner Wright to approve Resolution TR13959 as presented. Mayor Gomez opened the floor to comments from the public, however there being no one to speak, closed public participation. There were no presentations and no discussion on the item by the Commission. Motion Approved: 5-0. Voting For: Mayor Gomez, Vice Mayor Bolton, Commissioner Daniel, Commissioner Wright, and Commissioner Villalobos. Voting Against: None. Minutes July 12, 2023 — Regular Commission Meeting 8. ORDINANCE(S) — SECOND READING Page 19 8.a. T02532 - An Ordinance of the City Commission of the City of Tamarac, Florida amending Chapter 10, Article 6, entitled "Rules of Construction and Definitions", by specifically amending Section 10-6.2 entitled "Use Categories and Use Types Defined" of the City of Tamarac Code of Ordinances, to allow for an amendment to the definition of "Child Care Facility" to include private schools and to the definition of "School" to be consistent with Florida Statutes; providing for codification; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Ottinot read the title for the record. Moved by Vice Mayor Bolton; seconded by Commissioner Villalobos to adopt Ordinance T02532. Mayor Gomez opened the floor to comments from the public, however there being no one to speak, closed public participation. There were no presentations and no discussion on the item by the Commission. Motion Approved: 5-0. Voting For: Mayor Gomez, Vice Mayor Bolton, Commissioner Daniel, Commissioner Wright, and Commissioner Villalobos. Voting Against: None. 9. QUASI-JUDICIAL HEARING(S) 10. OTHER 10.a. Discussion and possible motion/consensus to adopt the Life Ring Initiative and appropriate the fiscal impact in the FY24 budget. Requested by Vice Mayor Marlon Bolton Vice Mayor Bolton summarized the item. Commissioner Villalobos stated there was an opportunity to install the rings without cost to the City. He asked how many would be installed. Vice Mayor Bolton explained the cost was for the sign to accompany the rings. Mayor Gomez asked whether locations had been identified. Vice Mayor Bolton suggested that staff be tasked with identifying locations and reporting back. Mayor Gomez commented that her understanding was this conversation as only about City property because they cannot put the rings on private residential. Director of Public Services John Doherty stated Tamarac has approximately 560 acres of waterway, and the majority is on private property. He noted maintenance small easements exist along most of the water's edge. Minutes July 12, 2023 — Regular Commission Meeting Page 20 Mayor Gomez asked if there are ladders on the canal seawalls, and whether Vice Mayor Bolton had investigated the appropriate distance between life rings. Director of Public Services Doherty stated there are not, but there are life rings on all public docks. He added that North Lauderdale has a similar program, and staff can reach out to learn more about their guidelines. Mayor Gomez asked whether there was liability on the City if the rings are broken or missing. Director of Public Services Doherty stated the existing rings are periodically inspected but he was not sure of the associated risk factor. Mayor Gomez asked questions regarding past incidents of drowning and private property considerations. Director of Public Services Doherty responded. Mayor Gomez stated she was not against trying to do something to help, she just did not want to do something that gives warm fnzzies without the appropriate information and consultation with Risk Management. Consensus was to adopt the initiative with an amount not to exceed $5,000, and to director City Manager to identify the appropriate staff to implement the program. Mayor Gomez was opposed. 10.b. Discussion and possible motion/consensus to provide free swimming lessons to Tamarac residents ages 2-17 and to appropriate in the FY24 budget. Requested by Vice Mayor Marlon Bolton Vice Mayor Bolton summarized the item. He referenced a blog post from Big Blue Swim School highlighting the benefits of swim lessons for children. He discussed expanded opportunities offered to young people who are able to swim. Vice Mayor Bolton asked staff to outline the swim programs offered in Tamarac. Director of Parks and Recreation Greg Warner explained the different types of swimming lessons offered in Tamarac, the number of students taught, reimbursements available, and the fiscal impact. Vice Mayor Bolton stated he was asking that the lessons be provided to Tamarac residents for free. Director of Parks and Recreation Warner stated it would be a benefit. He noted there would be challenges to manage regarding limited availability and first come, first served services. Commissioner Daniel asked whether Swim Central would provide reimbursements for expanded small group lessons offered by the City. Director of Parks and Recreation Warner explained the limitations of the program. Commissioner Daniel suggested additional times for Swim Central outside of the school programs. She pointed out that swim lessons fill quickly. Director of Parks and Recreation Warner stated the idea could be investigated, but finding pool time may be an issue. Minutes July 12, 2023 — Regular Commission Meeting Page 21 Commissioner Villalobos asked for clarification on the Water Smart Broward program and the cost to residents. Director of Parks and Recreation Warner explained the program is subsidized so the cost to the resident is $5, but there are requirements to qualify. Discussion continued regarding the number of children to be reached, restricting the program to residents only, and fiscal impact. Commissioner Daniel asked whether there was data available on the number of children who do not know how to swim. Director of Parks and Recreation Warner stated he had not seen any, and noted it was a difficult metric to track. Mayor Gomez asked how many additional people could be impacted if the program were expanded. Director of Parks and Recreation Warner stated the current programs were at capacity. He noted that restricting it to Tamarac residents only, 198 more Tamarac children would be served, as the demand does exist. Mayor Gomez asked whether the vouchers through Water Smart Broward were unlimited. Director of Parks and Recreation Warner responded that he would need to do additional research to determine that answer, but he is not aware of limits. Discussion continued regarding the fiscal impact of the proposal. Mayor Gomez stated she would support beginning level swim lessons being offered free of charge for all ages. Vice Mayor Bolton agreed. Consensus was to direct staff to bring forward an all ages beginning level swim lesson program for discussion and review by the Commission at the first available workshop. 10.c. Discussion to provide further clarity on how agenda items are placed on the Workshop and Regular agendas and provide direction to the City Manager on how the Commission wishes to proceed. Requested by Vice mayor Marlon Bolton Vice Mayor Bolton asked staff to outline the rules in place on how to place items on the agenda. City Attorney Ottinot reviewed the Commission Rules of Procedure. City Manager Sucuoglu provided additional details regarding procedure. Vice Mayor Bolton distributed documentation that Commissioners had placed items on the agenda through the City Manager without first going to workshop. He asserted the six (6) day notice period was also not consistently applied. Discussion continued regarding specific example agenda items and transparency in reviewing materials. Mayor Gomez stated that procedures had been amended due to changes to accommodate COVID-19. She suggested the procedure be clarified to Minutes July 12, 2023 — Regular Commission Meeting Page 22 accommodate the workshop schedule and for "other" to be removed from the agenda for evening meetings. City Manager Sucuoglu provided additional clarification on the process. ADJOURNMENT There being nothing further to discuss, Mayor Gomez adjourned the meeting at 1:45 a.m. Minutes transcribed by Crysta Parkinson, Prototype, Inc. and submitted by Kimberly Dillon, City Clerk. a Kimberly Dillon, City Clerk 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, July 12, 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. i PUBLIC PARTICIPATION SIGN-UP SHEET REGULAR CITY COMMISSION MEETING Date:,i PLEASE PRINT FULL NAME * ADDRESS * PHONE NO. PRINT NAME ADDRESS PHONE ITEM# : %IA Dzihsc wp^ Ay ►�. -2.3S2 =0_1219/ °' ,n � �p(j h�� 5(o &ratr6arj �a►rnGrri� r PL 3331 q clSL) M M5 �� G2 St SZI -Sq1- 4r1t43, S�'13 h Q Ll _(Crr&Q0- ticAAcl 'VA LI�iSO @S7 -T TR'W _P 0 9� l A--C-Z-1 �, ,n ��'l-a . r� � ? �• � s � foo 9 �� Cd�c Mz�dwa� �6� pr w -r& 7? 6-1 Jai o IN W LleyA' 0/1 tv, ' v�- Kul PUBLIC PARTICIPATION SIGN-UP SHEET REGULAR CITY COMMISSION MEETING Date: �,OZ3 PLEASE PRINT FULL NAME * ADDRESS * PHONE NO. ,PRINT NAME ADDRESS PHONE ITEM# 04 l'SL% �\ 762 1515�D Nw 9 0+111 3-�____i y5, ,9,t � 3-70 "wo A,e yd - � Vi a- Li �-Y��,-mac l 33�'/ Y� cl ylti ° � av -7/� 17 r� C1--V/ S U , d q �A fa JI'. r �Ir CJ a v► u rr�J 46� c,1 �f 3 ►"J bra n� D�� RSq Gt..J l/¢ (� F v3�w cq-A W& ik4- C/tje Kimberly Dillon From: Kate Johnson <kate.johnson502O@gmai1.com> Sent: Wednesday, July 12, 2023 6:53 AM To: City Clerk Subject: [EXTERNAL] Shaker Village Project You don't often get email from kate.johnson502O@gmail.com. Learn why this is important This message has originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. I am voicing my objection to purchasing Shaker Village property as a city owned property. Shaker Village is responsible for their own property and we, the taxpayers, should not rescue them. They received money from their insurance to help rebuild and have chosen not to do so. They now sit on multiple million dollar fines from the city for the disrepair. If they want to settle their debt, they can turn over the land to the city, who in turn can choose what to do with the land. The 1.5 million dollar property is a small down payment for the 12 million they owe. They should not benefit from poor management at our expense. Dr. Kate A. Johnson, LMHC Kimberly Dillon From: amdpsych70 <amdpsych70@aol.com> Sent: Tuesday, July 11, 2023 10:17 PM To: City Clerk Subject: [EXTERNAL] Wednesday's Meeting u, You don't often get email from amdpsych70@aol.com. Learn why this is important This message has originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. Hello City Commissioners! This email comes from a very concerned resident of Tamarac. Why is this Shaker Village clubhouse situation someone else's responsibility? What happened to the insurance money that the Shaker Village community received when they filed claim for damages to said clubhouse? This needs to be answered! If they cannot maintain their own property, and there are other communities with HOA's within Tamarac (that are strapped for cash) allowed to petition and receive money and or funding from the city for upkeep of their property and its structures? I would like this concern/comment brought up at Wednesday's meeting. Thanking you in advance, Alicia Sent from my Galaxy Kimberly Dillon From: Jackie Cowit <jaxon@surfree.com> Sent: Monday, June 26, 2023 3:20 PM To: City Clerk Subject: [EXTERNAL] Re: Ongoing Negotiations re Shaker Village This message has originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. I To whom it may concern: I am vehemently against the purchase of the Shaker Village former clubhouse property to build an additional city 'community center' in it's place. Wan outrageous proposal that would be a complete waste of $2million, likely more, of Tamarac taxpayer money! Tamarac already has a Community Center just down the road on Commercial Blvd from where this new one would be. This new one would also have space dedicated to Shaker Village to hold meetings etc. This is actually getting Shaker Village off the hook of rebuilding their own clubhouse that was destroyed years ago by a hurricane. And, BTW, what did Shaker Village HOA board do with the insurance money they received? Are we also looking at mismanagement of funds by that board?? Corrupt HOA boards are not new. City Att'y Ottinot must immediately stop 'negotiating' with Shaker Village. This maneuver of claiming Tamarac would have another (unnecessary) 'community center' is a complete sham. Legally and morally Tamarac taxpayers should not be getting a private HOA off the hook. This would set a dangerous precedent. Respectfully submitted 1 Jackie Cowit 9728 Malvern Drive Tamarac FI 33321 Kimberly Dillon From: Jennifer Haines <jhaines74@yahoo.com> Sent: Sunday, July 9, 2023 5:34 PM To: Michelle J. Gomez; Marlon Bolton; Morey Wright Jr.; Elvin Villalobos; Kicia Daniel; City Clerk; Eliane Benjamin; Levent Sucuoglu; Maxine Calloway; Greg Warner Subject: [EXTERNAL] Urgent Appeal to preserve Colony West Golf Course as a Green Space You don't often get email from fhaines74@yahoo.com. Learn why this is important r his message has originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. Dear City Commission, I hope this email finds you well. I am writing to express my deep concern regarding the upcoming vote on July 12th regarding the approval of a study for development on Colony West Golf Course, specifically the glades course (TR13972). As a resident of this community, I strongly believe that it is crucial to preserve our green spaces and protect the quality of life for all residents. Colony West Golf Course holds immense value as a sanctuary for nature, a recreational area for families and friends, and a peaceful retreat for many. The city's promise to maintain it as a green space should not be taken lightly. Allowing development into apartments and businesses would not only contradict this promise but also have detrimental effects on the surrounding communities. The introduction of more housing and commercial establishments would inevitably lead to increased traffic congestion, noise pollution, and the overall urbanization of the area. This, in turn, would undoubtedly decrease property values and disrupt the tranquility that the residents have come to cherish. While the proposed entertainment options, such as putt putt golf and restaurants, may seem appealing to some, they do not outweigh the importance of preserving our green spaces. These options can be found in numerous other locations within the city, but the opportunity to enjoy nature and open green areas is limited. I urge you to reconsider the plans for development and prioritize the preservation of our green spaces. The benefits of these spaces to our physical and mental well-being cannot be overstated. They provide a much -needed respite from the hustle and bustle of urban life and contribute to the overall health and happiness of our community. I implore you to listen to the voices of the residents who have come together to voice their concerns. We are united in our belief that Colony West Golf Course should remain a green space, as promised by the city. By doing so, we can ensure that future generations will have the opportunity to enjoy the beauty and serenity of this cherished area, just as we have. In one day alone, 76 people have signed a petition in support of preserving Colony West Golf Course as a green space. Soon to be many more in support. I kindly request that you take this into consideration and share our concerns with the entire city commission. Thank you for your attention to this matter. I trust that you will make the right decision for the well-being of our community and the preservation of our green spaces. Each and every commissioner will run on a preservation of green space. As an elected official, you will be accountable on your position and actions. Sincerely, Todd and Jennifer Lacey Tamarac, FL Jhaines74@yahoo.com 954.214.9486 Sent from Yahoo Mail for iPhone Kimberly Dillon From: Jennifer Haines <jnimety@icloud.com> Sent: Saturday, July 8, 2023 12:11 PM To: Michelle J. Gomez; City Clerk Subject: [EXTERNAL] Notice to provide public comment for commission meeting 7/12 You don't often get email from jnimety@icloud.com. Learn why this is important This message has originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. We need to preserve our green spaces and protect the quality of life for the residents in our communities. The city's promise to keep Colony West Golf Course as a green space should not be taken lightly. It serves as a sanctuary for nature, a recreational area for families and friends, and a peaceful retreat for many. On July 12th, the city commission will vote on approving a study for development on Colony West golf course, specifically the glades course. (TR13972) Allowing development into apartments and businesses would not only contradict the city's promise but also have detrimental effects on the surrounding communities. The introduction of more housing and commercial establishments would increase traffic congestion, noise pollution, and the overall urbanization of the area. This would undoubtedly decrease property values and disrupt the tranquility that the residents have come to cherish. Moreover, the proposed entertainment options, such as putt putt golf and restaurants, may seem appealing to some, but they do not outweigh the importance of preserving our green spaces. These options can be found in numerous other locations within the city, but the opportunity to enjoy nature and open green areas is limited. It is crucial for us to unite and remind the city of their commitment to maintaining Colony West as a green area. We must voice our concerns and make it clear that we do not need more housing and development. Instead, we need to prioritize the preservation of our green spaces, which provide numerous benefits to our physical and mental well-being. Let us stand together and advocate for the protection of our green spaces, urging the city to reconsider their plans for development. By doing so, we can ensure that future generations will have the opportunity to enjoy the beauty and serenity of Colony West Golf Course, just as we have. Sent from my Whone 1 Kimberly Dillon From: amdpsych70 <amdpsych70@aol.com> Sent: Tuesday, July 11, 2023 10:17 PM To: City Clerk Subject: [EXTERNAL] Wednesday's Meeting You don't often get email from amdpsych70@aol.com. Learn why this is important This message has originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. Hello City Commissioners! This email comes from a very concerned resident of Tamarac. Why is this Shaker Village clubhouse situation someone else's responsibility? What happened to the insurance money that the Shaker Village community received when they filed claim for damages to said clubhouse? This needs to be answered! If they cannot maintain their own property, and there are other communities with HOA's within Tamarac (that are strapped for cash) allowed to petition and receive money and or funding from the city for upkeep of their property and its structures? I would like this concern/comment brought up at Wednesday's meeting. Thanking you in advance, Alicia Sent from my Galaxy Section 1 — Brief History and Rightful Ownership of the Clubhouse: • Developer built Phase I of Shaker Village Condominium. Developer expected multiple phases throughout the area to include multiple condominium phases. • In July 1975, the Developer: o entered into a Recreation Lease for 99 years with Shaker Village Association. o conveyed the parcels to Shaker Village Recreation • In July 1979, Shaker Village Recreation: o conveyed the property to Shaker Village Condominium, while keeping the terms of the 1975 lease. o Assigned the Lease to Shaker Village Condominium. • On March 5, 1986, the Waiver of Rent and Covenant of Non - Disturbance was executed by Shaker Village Condominium and recorded. This document (attached) clearly states that the Unit owners purchased the Clubhouse: "that the unit owners of SHAKER VILLAGE CONDOMINIUM, PHASE I, according to the Declaration .... have all paid their allocable share of the purchase price of the demised premises (i.e., the assessment levied against their unit by ASSOCIATION), ..... and hereby covenants that it [Shaker Village Condominium Association] shall not disturb the possession, use or enjoyment of the subject property by the unit owners in the Condominium for so long as the unit owners continue to pay their share of the common expenses of the Condominium attributable to ..." the property. (capitalization from original document.) It is indisputable that the Clubhouse was paid for through unit owner assessments and the property is a common element to each unit owner of Shaker Village Condominium. Page 1 of 9 8a- 8.�207 KNOW ALL MEN BY THESE PRESENTS, that SHAKER VILLAGE CONDOMINIUM ASSOCIATION, INC. (herein "ASSOCIATION"), the Lessor under that certain Recreation and Community Facility Lease, entered into on March 29, 1973, and recorded in Official Records Book 5224, page 225, .at sea., of the Public Records of Broward County, Florida, which Lease was assigned to ASSOCIATION under that certain Assign- ment of Lease, dated July 31, 1979, and recorded in Official Records Book 8362, page 59, p-t sea., of the Public Records of Broward County, Florida, hereby acknowledges that the unit owners of SHAKER VILLAGE CONDOMINIUM, PHASE 1, according to the Declaration of Condominium thereof, recorded in Official Records Book 5224, page 154, gt-sgg., of the Public Records of Broward County, Florida, have all paid their allocable share of the purchase price of the demised premises (i.e., the assessment levied against their unit by ASSOCIATION), and does hereby release and waive all rights to the rent under the Lease, which rent is net of all taxes, main- tenance and insurance, and any other costs and expenses associ- ated with the property, and hereby covenants that it shall not disturb the possession, use or enjoyment of the subject property by the unit owners in the Condominium for so long as the unit owners continue to each pay their share of the common expenses of the Condominium attributable to the leased premises, other than the net rental. f IN WITNESS WHEREOF, we have hereunto affixed our hands and the seal of said corporation, this _r' day of V_ 1986, at 1 + ur , Broward County, Florida. SHAKER VILLAGE CONDOMINIUM ASSOCIATION, INC. (SEAL) By Attest F. T. STATE OF FLORIDA SS: COUNTY OF BROWARD I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledg- ments, and H:, e rzc_ _ rr1 respectivcly, of SHAKER TILLAGE C0?Jn0MT t)M ASSOCIA ION, INC., named in the foregoing instrument, and that they severally acknowl- edged executing the same freely and voluntarily under authority duly vested in them by said corporation, and that the seal affixed thereto is the true corporate seal of said corporation. WITNESS my hand and official seal in the State and County last aforesaid, this S day of.. iL/gi4 , 1986. NOTARY PU LIC, STATE OF FLORIDA My Commission Expires: ai f'AtiN UI 1'1< is - BECKLR P011A K01-1' tr 1TR41 r ILI, D 1'A. IS AN I WI fit+ A% I` I'I I'I ICI IgluI lu+'+{EURIDA.S I+141uti7 YiC F �fhHu if j . �` I110,11-INI I10%) rI • tV -v s ,N w co M m n C3'1 Section 2 — Declaration of Condominium Shaker Village Condominium, Phase I Relevant sections and corresponding Florida Statutes (Pages attached) Page 2, Declaration of Condominium Section 2.7 — Common Element means the portions of the condominium property not included in the apartments and in addition thereto, all other items as stated in this Declaration as well as the items stated in the Condominium Act. Florida Statutes 718.108 expressly states — Common elements includes within its meaning that Condominium property which is not included within the units (the living quarters — or "apartments" as stated in the Shaker Village Condominium Declaration.) Page 7, Declaration of Condominium Section 7: The fee title of each condominium parcel shall include both the condominium unit and an undivided interest in the common elements, said undivided interest in the common elements to be deemed to be conveyed or encumbered with its respective condominium unit, even though the description in the instrument of conveyance may refer only to the fee title to the condo unit. ANY attempt to separate and/or action to partition the fee title to a condo unit from the undivided interest in the common elements appurtenant to each unit SHALL be null and void. The Declaration mirrors the Florida Statutes 718.107 — Restraint upon separation and partition of common elements: 1) the undivided share in the common elements which is appurtenant (meaning belonging to another thing) to a.unit shall not be separated from it and shall pass with the title to the unit, whether or not separately described. 2) the share in the common elements appurtenant to a unit cannot be conveyed or encumbered except together with the unit. 3) The shares in the common elements appurtenant to units are undivided, and no action for partition of the common elements shall lie. (Meaning exists.) The Statutes and the Declaration clearly shows that the common elements belong to the unit owner. Page 2 of 9 Declaration of Condominium Shaker Village Condominium, Phase I Relevant sections and corresponding Florida Statutes — continued (pages attached) Page 8, paragraph 11.2.2 of the Dec Alteration and Improvements of Common Elements: There shall be no alteration or further improvement of real property constituting the common elements without prior approve in writing by the owners of not less than seventy-five 75% of the members of the Association except provided by the By -Laws. (Majority of ownership voting is only for amending the Declaration and the By -Laws. This Declaration has not been amended to date.) The Declaration mirrors the Florida Statutes 718.113 (2) Statutes 718.113 (2) Case law: "Material alteration or substantial addition" means to "palpably or perceptively vary or change the form, shape, elements, or specifications ... from its original design or plan, or existing condition, in such a manner as to appreciably affect or influence its function, use, or appearance." See Sterling Village Condominium, Inc. v. Breitenbach, 251 So. 2d 685, 687 (Fla. 4th DCA 1971) (where the court found that the replacement of a screen enclosure with jalousies was a material alteration). Page 3 of 9 7bs L lrll4414+PK lh.,ts��+4 DeKfsc�k�e1e(�lbtr�jt�i/�"�'<y+/�IQ� ��R' u,cic la lc % 3 — 61,7157 DECLARATION OF CONDOMINIUM Ff t-` ,,Fl c rkl,L of SHAKER VILLAGE CONDOMINIUM, PHASE I THIS DECLAP,ATIOr! OF CONDOMINIUM made by MACCARI BUILDING AND ' CONSTRUCTION COMPANY, INC., an Illinois corporaticn authorized to do business in the State of Florida hereinafter referred to as "Developer" for itself, its successors, grantees and assigns. WHEREIN, the Developer makes the following declarations- 1. Purpose. The purpose of this Declaration is to submit the lands described in this instrument and improvements on such lands and improvements to be constructed upon such lands to the condominium form of ownership and use in the manner provided by Chapter 711, Florida Statutes, hereinafter referred to as "Condominium Act". 1.1 The name by which this condominium is to be identified is SHAKER VILLAGE CONDOMINIUM, PHASE I. 1.2 The lands owned by the Developer, which by this instrument are submitted to the condominium form Of ownership, are those certain lands lying in Broward County, Florida, as described in Exhibit A attached hereto, and made a part hereof, which shall hereinafter be referred to as "the land". Said lands shall be subject to conditions, restrictions, limitations and easements of record and reservations. E 1.3 Effect of Declaration. All restrictions, reservations, covenants, conditions and easements contained herein constitute covenants running with the land and sha•11 rule perpetually unless terminated as provided herein, and shall be binding upon all unit owners as hereinafter defined, and in consideration of receiving and by acceptance of grant, devise or mortgage, all grantees, devisees or mortgagees, their heirs, personal representatives, successors and assigns, and all parties claiming by, through or under such persons agree to be bound by the provisions hereof, the By -Laws and Articles of Incorporation. Both the turdens imposed and the benefits shall run with each unit as herein defined. 2. Definitions. The terms used in this Declaration and in the Articles of Incorporation and the By -Laws of SHAKER VILLAGE CONDOMINIUM ASSOCIATION, INC., a Florida corporation not for profit, shall have the meaning stated in -the Condominium Act and as follows unless the context otherwise requires. 2.1 Aoartment means a part of the condominium property which is to be subject to private ownership. The word unit, as used herein is synonymous with the word apartment as defined herein. hi a word townhouse, as used herein, is synonymous with the words apartment and unit as defin' d herein. The words unit, apartment and townhouse may be used interchangeably herein and in other s y documents which relate to the condominium. 2.2 Aoartment owner means the owner of a condominium parcel. The words unit owner and townhouse owner are synonymous with the words apartmenih� os•:rer as defined herein. -o 2.3 Association means the SHAKER VILLAGE CONDOMINIUM ASSOCIATION, INC., and its successors. 2.4 Assessments means a share of the funds required for the payment' of the condominium expenses which from time to time are assessed against the individual owner. (1) 06 2.5 Building shall mean and include each of the individual apartment/townhouse buildings either constructed or to be constructed as herein provided. 2.6 BY -Laws means the By -Laws for the government of the condominium as they exist from time to time. 2.7 Common element means the portions of the condominium property not included in the apartments and in addition thereto, all other items as stated in this Declaration as well as the items stated in the Condominium Act. 2.8 Common expenses means the expenses for which the apartment or unit owners are liable, which shall include but not be limited to the following: 1. Expenses of administration and management of the condominium property. 2. Expenses of maintenance, operation, repair or replacement of common elements. 3. Expenses declared common expenses by the provisions of this Declaration or by the By -Laws. 4. Any valid charge against the condominium as a whole. 5. Any expenses of, charge to or assessment by the Association as provided for in this Declaration, the Articles of Incorp- oration and/or the By -Laws. 6. Expenses, including rentals, under the Recreation and Community Facility Lease. Vja%vCd- A- 14&5V 2.9 Conmon surplus means the excess of all receipts of the Association, including but not limited to assessments, rents, profits and revenues on account of the cannon elements, over the amount of common expenses. 2.10 Condominium 1s that form of ownership of condominium property under which u— nits of improvement are subject to ownership by one or more owners, and there is appurtenant to each unit as part thereof an undivided share in the common elements. 2.11 Condominium parcel means a unit together with the un- divided share in the common elements which is appurtenant to the unit. 2.12 Condominium property_ means and includes the land in this condominium, whether or not contiguous, and all improvements thereon and all easements and rights appurtenant thereto intended for use in connection with the condominium. 2.13 Declaration, or Declaration of Condominium, means the instrument or instruments by which this condominium is created, and said instrument or instruments as they may be from time to time amended. 2.14 Operation, or operation of the condaminium, means and includes the administration and managerent of the condominium property. 2.15 Institutional Mortgagee is the own=r and holder of a mortgage encumbering a condominium parcel, which owner and holder of said mortgage shall be either a bank, life insurance company, federal or state savings and loan association, real estate or mortgage investment trust, or a lender generally recognized in the community as an institutional Ul N type lender. lU 2.16 Utility services, as used in the Condominium Act and as construed with reference to this condominium, and as used in the Declaration and By -Laws, shall include but not be limited to, electric power, gas, hot and cold crater, heating, refrigeration, air conditioning, W garbage and sewage disposal. Cil Whenever the context so permits, the use of the singular shall include the plural and the plural shall include the singular, and the use of any gender shall be deemed to include all genders. (2) 5.7 Easement for overhanging troughs or gutters. downspouts, and the dischage therefrom of rainwater and the subsequent flow thereof over condominium units or any of them. 5.8 Easement for unintentional and non -negligent encroachments. In the event that any apartment unit shall encroach upon any common elements for any reason not caused by the purposeful or negligent act of the apartment unit owner or owners, or agents of such owner or o:;mers, then an easement appurtenant to such apartment unit shall exist for the continuance of such encroachment unto the common elements for so long as such encroachment shall naturally exist; and, in the event that any portion of the common elements shall encroach upon any apartment unit, then an easement shall exist for the continuance of such encroachment of the common elements into any apartment unit for so long as such encroachment shall naturally exist. 5.9 Easements and Cross -Easements. Inasmuch as this condominium constitutes one phase of a condominium community known as Shaker Village there are hereby created easements in favor of the unit owners of this condo- minium, the unit owners of other condominiums comprising a portion of Shaker Village, either established or to be established, Shaker Village Condominium Association, Inc. and the members of said Association, their immediate families, guests and invitees, for ingress, egress and utilities, including but not limited to those necessary to provide power, electric, telephone, sewer, water, lighting facilities, irritation, drainage, television transmission facilities, security services, electronic and other facilities in connection therewith, and the like. Developer, for itself, its successors, nominees and assigns, and the Association, reserves the right to impose upon the common elements henceforth and from time to time such easements and cross - easements for any of the foregoing purposes as it deems to be in the best interests of, and necessary and proper for this condominium and other condominiums in Shaker Village and surrounding lands. 5.10 Easements of Record. It is recognized that the creation of this condominium is subject to restrictions, reservations and easements, which have been placed of record prior to the formation and filling hereof. The existing restrictions, reservations and easements of record include, but are not limited to, certain easements for ingress and egress across, upon and through the condominium property and therefore, the use of the condominium property shall continue at all times to be subject to said easements. It is further recognized that the Developer has granted unto the Association certain non-exclusive easements for purposes of ingress and egress onto and from dedicated thoroughfares in order to assure ingress and egress throughout this condominium and the other condominiums comprising Shaker Village for the benefit of the condominium owners of all units within the Shaker Village Community. 6. Ownershi 6. TTvoe of 0timership. Ownership of each condominium parcel may be in fee simple, or in any other estate in real property recognized by the law and at least subject to this OzO aration and restrictions, reservations, limitation or record. 6.2 Association Membershio. The owners of record of the apartments shall be members or the Association. There shall be one membership for each apartment and if there is more than one record owner per apartment, then such membership shall be divided among such owners in the same manner and proportion as is their ownership in the apartment. 6.3 Unit Owners' Rights. The owner of a unit is entitled to the exclusive possession of is unit. He shall be entitled to use the common elements in accordance with the purposes for which they are intended, but no such use shall hinder or encroach upon the lawful rights of owners of other units. There shall be a joint use of the common elements and a joint mutual easement for that purpose is hereby created. (6) 7. Restraint U on Separation and Partition of Common Elements. The tee title of each condominium parcel shall inc ude ot?h the condominium unit and an undivided interest in the common elements, said un- divided interest in the corm -on elements to be deemed to be conveyed or en- cumbered with its respective condominium unit, even though the description in the instrument of conveyances may refer only to the fee title to the condominium unit. Any attempt to separate and/or action to partition the fee title to a condominium unit from the undivided interest in the common elements appurtenant to each unit shall be null and void. 8. Percentage of Ownership of Common Elements. Each of the apart- ment owners of the condominium shall own an undivided interest in the common elements, stated as a fraction, the numerator of which shall be one and denominator of which shall be the total number of apartments in this condo- minium. 9. Common Expense and Common Surplus. 9.1 The common expenses to be borne by each apartment owner shall be a portion of the total expenses and costs of the Association. Each apartment owner shall be responsible for a portion of the common expenses computed by multiplying all of the common expenses by a fraction, the numerator of which shall be one and the denominator of which shall be the total number of apartment units in all condominiums submitted to the condo- minium form of ownership under the development plan, as aforementioned, and becoming the responsibility for the operation and maintenance by the Assoc- iation on the date of assessment. 9.2 Any common surplus of the Association shall be owned by each of the apartment or unit owners in the same proportion as their percentage liability for common expenses. 10. Automobile Parkina:Spaces. The common elements include parking areas for automobiles for the apartment owners. Parking will be available for use pursuant to the regulations of the Association, which regulations shall provide that the owners of each apartment shall be entitled to parking for two automobiles. The parking areas will initially be assigned by the Developer, and once assigned, such parking spaces may not thereafter be separately assigned, conveyed hypothecated, transferred, encumbered or otherwise dealt with and the right to use thereof shall be assigned simultaneously with the conveyance of title to the apartment to which they are appurtenant, except that in cases where more than two parking spaces have been assigned to an apartment, the owner of said apartment shall re -assign to the Association at the time of conveyance of the apartment, any parking spaces in excess of two parking spaces. 11. Maintenance, Alterations and Improvements. Responsibility for the maintenance of the condominium property and restrictions upon its alterations and improvements shall be as follows: 11.1 Apartments. 1. 8y the association. The Association shall maintain, repair and replace, at the Association's expense: a. All portions of an apartment building con- tributing to the support of the apartment building, which portions shall include, but not be limited to outside walls of the apartment building and all fixtures on its exterior, those portions of boundary walls not a part } of apartments, floor and ceiling slabs, load -bearing columns and load bearing tira l l s ; Cn b. All conduits, ducts, plumbing, wiring and M other facilities for the furnishing of utility services contained in the portion of an apartment maintained by the Association; and all such facilities r contained within an apartment that services part of parts of the condominium m other than the apartment within which contained; CM (7) c. Aii incidental damage caused to an apartment by such work immediately above -described shall be repaired promptly at the expense of the Association. 2. By apartrent owner. The responsibility of the apartment owner shall be as follows: a. To keep and maintain his apartment, its equipment and appurtenances in good order, condition and repair, and to perform promptly all maintenance and repairwork within his apartment which, if omitted, would affect the condominium in its entirety or in a part belonging to other owners or would affect other condominiums subject to the foregoing plan of development, being expressly responsible for the damages and liability which his failure to do so may engender. Notwith- standing anything contained in this Declaration, the owner of each apart- ment shall be liable and responsible for the maintenance, repair and re- placement, as the case may be, of all windows and all exterior doors, in- cluding sliding glass doors and all air conditioning and heating equipment, stoves, refrigerators, fans and other appliances and equipment, including pipes, wiring, ducts, fixtures and/or their connections required to provide water, light, power, air conditioning and heating, telephone, sewage and sanitary service to his apartment which may now or hereafter be situated in his apartment. b. To maintain, repair and replace any and all walls, ceilings and floor interior surfaces, painting, decorating and furnishings, and all other accessories which such owner may desire to place or maintain in his apartment. c. Where applicable, to maintain and keep in a neat and trim condition the floor, interior walls, screening and railings of sundecks and balconies. d.: To promptly report to the Association any defect or need for repairs for which the Association is responsible. 3. Alteration and Improvement. Except as elsewhere reserved to Developer, neither an apartment owner nor the Association shall make any alteration in the portions of an apartment that are to be raintained by the Association, or remove any portion of such, or make any additions to them, or do anything that would jeopardize the safety or soundness of the apartment building, or impair any easement, without first obtaining approval in writing of owners of all apartments in the building in which such work is to be done and approval of the board of directors of the Association. A copy of plans for all such work prepared by an architect licensed to practice in this state shall be filed with the Association prior to the start of the work. 11.2 Conron Elements. 1. By the Association. The maintenance and operation of the common elements shall be the responsibility of the Association and a common expense. 2. Alteration and Improvement. After the completion of the improvements included in the common elements contemplated by this Declaration, there shall be no alteration or further improvement of the real property constituting the common elements without prior approval in writing by the owners of not less than seventy-five (75%) percent of the menbers of the Association except as provided by the By -Lams. Any such C1 alteration or improvement shall not interfere with the rights of any N apartment owners without their consent. The cost of such work shall not M be assessed against an institutional Mortgagee, as defined in paragraph b 2.15 herein that acquires its title as the result of owning a mortgage n upon the apartment owned, unless such owner shall approve the alteration or irprovement and this shall be so whether the title is acquired by deed from the mortgagor or through foreclosure proceedings. The share of any cost F-► not so assessed shall be assessed to the other apartment owners in the proportion that their shares for the common expenses bear to each other. (8) Select Year: 12022 Go The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B) Title XL Chapter 718 View Entire Chapter REAL AND PERSONAL PROPERTY CONDOMINIUMS 718.108 Common elements.— (1) "Common elements" includes within its meaning the following: (a) The condominium property which is not included within the units. (b) Easements through units for conduits, ducts, plumbing, wiring, and other facilities for the furnishing of utility services to units and the common elements. (c) An easement of support in every portion of a unit which contributes to the support of a building. (d) The property and installations required for the furnishing of utilities and other services to more than one unit or to the common elements. (2) The declaration may designate other parts of the condominium property as common elements. History.—s. 1, ch. 76-222. Copyright © 1995-2023 The Florida Legislature • Privacy Statement • Contact Us Select Year: 12022 Go The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B) Title XL Chapter 718 View Entire Chapter REAL AND PERSONAL PROPERTY CONDOMINIUMS 718.107 Restraint upon separation and partition of common elements.— (1) The undivided share in the common elements which is appurtenant to a unit shall not be separated from it and shall pass with the title to the unit, whether or not separately described. (2) The share in the common elements appurtenant to a unit cannot be conveyed or encumbered except together with the unit. (3) The shares in the common elements appurtenant to units are undivided, and no action for partition of the common elements shall lie. History.—s. 1, ch. 76-222. Copyright © 1995-2023 The Florida Legislature • Privacy Statement • Contact Us Select Year: 12022 v Go The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B) Title XL Chapter 718 View Entire Chapter REAL AND PERSONAL PROPERTY CONDOMINIUMS 718.113 Maintenance; limitation upon improvement; display of flag; hurricane shutters and protection; display of religious decorations.— (1) Maintenance of the common elements is the responsibility of the association. The declaration may provide that certain limited common elements shall be maintained by those entitled to use the limited common elements or that the association shall provide the maintenance, either as a common expense or with the cost shared only by those entitled to use the limited common elements. If the maintenance is to be by the association at the expense of only those entitled to use the limited common elements, the declaration shall describe in detail the method of apportioning such costs among those entitled to use the limited common elements, and the association may use the provisions of s. 718.116 to enforce payment of the shares of such costs by the unit owners entitled to use the limited common elements. (2)(a) Except as otherwise provided in this section, there shall be no material alteration or substantial additions to the common elements or to real property which is association property, except in a manner provided in the declaration as originally recorded or as amended under the procedures provided therein. If the declaration as originally recorded or as amended under the procedures provided therein does not specify the procedure for approval of material alterations or substantial additions, 75 percent of the total voting interests of the association must approve the alterations or additions before the material alterations or substantial additions are commenced. This paragraph is intended to clarify existing law and applies to associations existing on July 1, 2018. (b) There shall not be any material alteration of, or substantial addition to, the common elements of any condominium operated by a multicondominium association unless approved in the manner provided in the declaration of the affected condominium or condominiums as originally recorded or as amended under the procedures provided therein. If a declaration as originally recorded or as amended under the procedures provided therein does not specify a procedure for approving such an alteration or addition, the approval of 75 percent of the total voting interests of each affected condominium is required before the material alterations or substantial additions are commenced. This subsection does not prohibit a provision in any declaration, articles of incorporation, or bylaws as originally recorded or as amended under the procedures provided therein requiring the approval of unit owners in any condominium operated by the same association or requiring board approval before a material alteration or substantial addition to the common elements is permitted. This paragraph is intended to clarify existing law and applies to associations existing on July 1, 2018. (c) There shall not be any material alteration or substantial addition made to association real property operated by a multicondominium association, except as provided in the declaration, articles of incorporation, or bylaws as originally recorded or as amended under the procedures provided therein. If the declaration, articles of incorporation, or bylaws as originally recorded or as amended under the procedures provided therein do not specify the procedure for approving an alteration or addition to association real property, the approval of 75 percent of the total voting interests of the association is required before the material alterations or substantial additions are commenced. This paragraph is intended to clarify existing law and applies to associations existing on July 1, 2018. (3) A unit owner shall not do anything within his or her unit or on the common elements which would adversely affect the safety or soundness of the common elements or any portion of the association property or condominium Section 3 Board Not Authorized to Sell Property without 75% Unit Owners' Approval Per memo from Straley and Otto states: 1) Recreation Area was not a common element — Disagree. As already shown in the March 5, 1986, the Waiver of Rent and Covenant of Non -Disturbance was executed by Shaker Village Condominium and recorded, the property became a common element of the Association. 2) Board has authority to vote to sell the property per the By -Laws section 4.1 — Disagree. Review of 4.1 (attached) of the By -Laws does not give the specific right to sell the common elements, relates back to Section 11.2.2 the Declaration of Condominium that states that the sale of the clubhouse is a material alteration and needs 75% of the Unit Owners approval. 3) Article III 2n of the Articles authorizes the sale. — Disagree. The Articles of Incorporation is not applicable here due to: Page 8, paragraph 11 2 2 of the Declaration and Florida Statues 718.113 (Please see Section 1) Alteration and Improvements of Common Elements: There shall be no alteration or further improvement of real property constituting the common elements without prior approve in writing by the owners of not less than seventy-five 75% of the members of the Association except provided by the By -Laws. Case law: "Material alteration or substantial addition" means to "palpably or perceptively vary or change the form, shape, elements, or specifications ... from its original design or plan, or existing condition, in such a manner as to appreciably affect or influence its function, use, or appearance." See Sterling Village Condominium, Inc. v. Breitenbach, 251 So. 2d 685, 687 (Fla. 4th DCA 1971) (where the court found that the replacement of a screen enclosure with jalousies was a material alteration). Page 4 of 9 BY-LAWS of SHAKER VILLAGE CONDOMINIUM ASSOCIATION, INC. A corporation not for profit under the laws of the State of Florida 1. Identity. These are the By -Laws of SHAKER VILLAGE COi`fDOMINIUM ASSOCIATION, INC., herein called the Association, a corporation not for profit under the laws of the State of Florida, the Articles of Incorporation of which were filed in the office of the Secretary of State on The Association has been organized for the purpose of administering the operation and management of all condominiums to be established in accordance with the Condominium Act of the State of Florida, and pursuant to the development plans set forth in the various declarations of condominium upon the property described upon Exhibit A attached hereto and made a part hereof, which entire area comprises and shall hereinafter be referred to as "Shaker Village". 1.1 The office of the Association shall be at 5601 West Commercial Bou evl ard, Ft. Lauderdale Florida or at such other place or places as the oar of directors may determine from time to time. 1.2 The fiscal year shall be the calendar year. 1.3 The seal ;of the Association shall have inscribed thereon the name of the Association, the year of its organization and the words "corporation not for profit". Said seal may be used by causing it or a facsimile thereof to be impressed, affixed, reproduced or otherwise. 2. Membershio and Members' Meetings. 2.1 Qualification. The members of the Association shall consist of —eTT of the record owners of apartments in the condominiums comprising Shaker Village and such membership shall become effective immediately upon a party becoming a record title owner of an apartment in the condominium. .2 Change of Membership. After receiving approval of the Association elsewhere required, change of membership in the Association shall be established by recording in the Public Records of Broward County, Florida, a deed or other instrument establishing a record title to an apartment of the condominium, and delivery to the Association of a certified copy of such instrument, the grantee in such instrument thereby immediately becoming a member of the Association in the place and stead of the prior owner. The membership of a prior owner shall thereby be terminated, 2.3 The annual rrie_mber's meeting shall be held at the office of the corporation at 7:30 p.m. Eastern Standard Time, do the third Friday in February of each year for the purpose of elect- ing directors and transacting any other business; provided that if the date for the first annual meeting of members subsequent to re- linquishment of control by Developer is less than six months after 1' 7 3.6 Special meetings of the directors may be called by the President and must be called by the Secretary at the written request of one-third of the directors. Not less than three days' notice of the meeting shall be given personally or by mail, telephone or telegraph, which notice shall state the time, place and purpose of the meeting. 3.7 Waiver of notice. Any director may waive notice of a meeting before or after the meeting and such waiver shall be deemed equivalent to the giving of notice. 3.8 A quorum at directors' meetings shall consist of a majority of the entire board of directors. The acts approved by a majority of those present at a meeting at which a quorum is present shall constitute the acts of the board of directors, except where approval by a greater number of directors is required by the Declaration of Condominium, the Articles of Incorporation or these By-laws. 3.9 Adjourned meetings. If at any meeting of the board of directors there be less than a quorum present, the majority of those present may adjourn the meeting from time to time until a quorum is present. At any adjourned meeting any business which might have been transacted at the meeting as originally called may be transacted without further notice. 3.10 Joinder in meeting by approval of minutes. The Joinder of a director in the action of a meeting by signing and concurring in the minutes thereof shall constitute the presence of such director for the purpose of determining a quorum. 3.11 The presiding officer of directors' meetings shall be the chairman of the board if such an officer has been elected; and if none, the President shall preside. In the absence of the presiding officer, the directors present shall designate one of their number to preside. 3.12 The order of business at directors' meetings_ shall be: 1. Calling of roll 2. Proof of due notice of meeting 3. Reading and disposal of any unapproved minutes 4. Reports of officers and committees 5. Election of officers 6. Unfinished business 7. New business S. Adjournment 3.13 Directors' fees, if any, shall be determined by the members. 4. Powers and duties of the Board of Directors. L� 4.1 All of the powers and duties of the Association existing under the Condominium Act, Declaration of Condominium, Articles of Incorporation and these By -taws shall be exercised exclusively by the board of directors, its agents, contractors O (5) 00 or employees, subject only to approval by apartment owners when such is s ecif�ically required. Such powers and duties of the directors s`- hall inc -Tu�e, 6'ut shall not be limited to the following, subject, however, to the provisions of the Declarations of Condominium, the Articles of Incorporation and these By-laws: I. To purchase insurance upon the condo- minium properties and insurance for the protection of the Association and its members. 2. To contract for management of the Condominiums and to delegate to the contractor all power and duties of the Association except such as are specifically required by the Declarations of Condominium or these By-laws to have approval by the board of directors or the members of the Association. 3. To acquire and enter into agreement whereby it acquires leaseholds, memberships and other possessory or use interests in lands, or facilities whether or not contiguous to the lands of the condominiums intended to provide for the enjoyment, recreation or other use and benefit of the apartment owners, and to declare expenses in connection therewith to be common expenses. 4. To pay all costs of power, gas, water, sewer and other utility services rendered to the condominium and not billed to the owners of the separate private apartments. S. To enforce by legal means, the provisions of the Articles of Incorporation and By-laws of the Association, the Declaration of Condominium and the regulations hereinafter promulgated governing use of the condominium properties. 6. To approve or disapprove proposed purchasers and lessees of apartments in the manner specified in the Declaration of Condominium. 4.2 The Board of Directors shall adopt such rules and regulations relative to the condominium as they shall deem necessary and proper from time to time; provided, however, that the Developer reserves the right to establish such rules and regulations until such time as the Developer terminates its control of the Association. 4.3 The undertakings, leases and contracts authorized by the initial board shall be binding upon the Association in the same manner and with the same effect as though such undertakings, leases and contracts had been authorized by the first board of directors, duly elected by the membership after the Developer has relinquished control of the Association, notwithstanding the fact that members of the initial board of directors may be directors or officers of, or otherwise associated with the Developer, or the lessor of the recreational facilities, or other entities doing business with the Association. 5. Officers. 5.1 The executive officers of the corporation shall be a President, who shall be a director; a Vice -President, who shall be a director; a Treasurer; a Secretary and an Assistant Secretary, all of whom shall be elected annually by the board of directors and who may be peremptorily removed by vote of the directors at any meeting by concurrence of a majority of all of the directors. Any person may hold two or more offices except that the President shall (6) Section 4 — Title Report compared to a Title Commitment 1) The Title Report conducted by Jennifer Levin, P.A., was done through Attorneys' Title Fund Services (a/k/a The Fund), attached. It only shows the title on the property and the exceptions to insuring any title. The exceptions listed include the Waiver (page 3 of 6, paragraph 3, last document. Please see Section 1 of this packet). 2) Emails** from Attorneys' Title Fund Services between myself and Senior Examiner, Karla Swartz: a) On March 24, 2023 — response to my ordering a Title Commitment for the Shaker Village Clubhouse: "I reviewed this with u/w and am posting their notes below on what would be needed to sell these lands: We would need deeds from all unit owners, releases from all mortgages and lienholders of the units, and a resolution from the board of the association consistent with the declaration approving the sale. (This would require a search to be ran on every unit)" b) On April 24, 2023 — response to my request to convert Title Commitment for the Shaker Village Clubhouse due to Ms. Swartz notice of searched required for each unit: "A title search report would only state what is of record, it would not call for curative action. We would need to do one for each unit... Is that what you are asking for — to see what is out there for each unit in the complex?" ** Emails are on the pages following the Title Search Report. Page 5 of 9 Section 4 — Title Report compared to a Title Commitment (continued) A Title Search Report does not provide the requirements that the title agent will have to complete in order to provide the Buyer (City of Tamarac in this instance) with Clear and Marketable Title. The City is on Notice that the title to all 358 units will have to be searched, releases from the mortgage holders and lien holders would have to be provided. This is also subject to first obtaining 75% of 358 unit owners approval (269 units). Jennifer Levin, P.A. uses the same Title Underwriter that Saunders, Curtis, Ginestra & Gore, P.A. (SCGGPA) uses. When Jennifer Levin, P.A. moves to the next step to obtain a Title Commitment, she will be advised the same thing that Karla advised SCGGPA. Everything above was confirmed with Senior Underwriting Counsel on July 11, 2023. Page 6 of 9 TITLE SEARCH REPORT Fund File Number: 1356949 A3 The information contained in this title search is being furnished by Attorneys' Title Fund Services, LLC. If this report is to be used by a title insurance agent for evaluation and determination of insurability by the agent prior to the issuance of title insurance, then the agent shall have liability for such work. Provided For: Jennifer Levin, P.A. Agent's File Reference: 10058.002 INFORMATION REMOVED BECAUSE NOT ISSUING A POLICY. Rev. 12/10 Page 1 of 6 TITLE SEARCH REPORT Fund File Number: 1356949 Effective Date of approved base title information: January 1, 1900 Effective Date of Search: February 6, 2023 at 11:00 PM Apparent Title Vested in: Shaker Village Condominium Association, Inc., a Florida not -for -profit corporation and Robert P. McManus and Bettie M. McManus (1/358 interest) Description of real property to be insured/foreclosed situated in Broward County, Florida. See Exhibit A Muniments of Title, including bankruptcy, foreclosure, quiet title, probate, guardianship and incompetency proceedings, if any, recorded in the Official Records Books of the county: 1. Warranty Deed from Louis H. Hauser and Betty Hauser, his wife, Milton W. Richter and Mildred M. Richter, his wife, Alvin Benjamin and Rose Benjamin, his wife and Appleton Properties, Inc. to Rudolph R. Maccari and Thomas R. Maccari, recorded April 27, 1972 in O.R. Book 4846, Page 475, Public Records of Broward County, Florida. 2. [REVISED - A3] Quit Claim Deed from Thomas R. Maccari, joined by Carol E. Maccari, his wife to Shaker Village Recreation Association, Inc., a Florida not -for -profit corporation, recorded August 27, 1975 in O.R. Book 6315, Page 413, Public Records of Broward County, Florida. 3. [ADDED - Al] Quit Claim Deed from Rudolph R. Maccari, joined by Nora B. Maccari, his wife to Shaker Village Recreation, Inc., a Florida corporation, recorded August 27, 1975 in O.R. Book 6315, Page 415, Public Records of Broward County, Florida. 4. [ADDED - Al] Warranty Deed from Shaker Village Recreation, Inc., a Florida corporation to Shaker Village Condominium Association, Inc., a Florida not -for -profit corporation, recorded August 2, 1979 in O.R. Book 8362, Page 56, Public Records of Broward County, Florida. 5. [REVISED - A3] Warranty Deed from Shaker Village Condominium Association, Inc., a Florida not - for -profit corporation to Horace H. Bente and Kathryn B. Bente, his wife, recorded December 9, 1980 in O.R. Book 9290. Page 332, Public Records of Broward County, Florida. Note: Deed references that it conveys a one/three hundred fifty -eights (1/358) interest in the property. 6. [REVISED - A2] Warranty Deed from Horace H. Bente and Kathryn B. Bente, his wife to Joel E. Brander and Julie Brander, his wife, recorded December 9, 1980 in O.R. Book 9290, Page 337, Public Records of Broward County, Florida. Note: Deed references that it conveys a one/three hundred fifty - eights (1/358) interest in the property. 7. [REVISED - A3] Warranty Deed from Joel E. Brander and Julie Brander, his wife to Barry S. Young, a single person, recorded October 14, 1987 in O.R. Book 14874. Page 348, Public Records of Broward County, Florida. Note: Deed references that it conveys a one/three hundred fifty -eights (1/358) interest in the property. 8. [REVISED - A3] Warranty Deed from Barry S. Young, a single person to Robert P. McManus and Bettie M. McManus, his wife, recorded October 1, 1992 in O.R. Book 19923, Page 844, Public Records of Broward County, Florida. Note: Deed references that it conveys a one/three hundred fifty - eights (1/358) interest in the property. Robert P. McManus and Bettie M. McManus, his wife, subsequently conveyed their interest to Sheryl P. Grant pursuant to Warranty Deed recorded in O.R. Book 24492, Pace 358, in which property was subsequently conveyed to Karen Jean Pierre, pursuant to Warranty Deed recorded in O.R. Book 34396, Page 1538; however neither deed included the 1/358 fractional interest in the legal description. Rev. 12/10 Page 2 of 6 TITLE SEARCH REPORT Fund File Number: 1356949 Mortgages, Assignments and Modifications: Nothing Found Other Property Liens: FOR INFORMATIONAL PURPOSES ONLY: 2022 taxes are EXEMPT for Parcel/Account ID# 494111010170. Restrictions/Easements: 1. All matters contained on the Plat of Fort Lauderdale Truck Farms, as recorded in Plat Book 4, Page 31, Public Records of Broward County, Florida. 2. Declaration of Condominium of Shaker Village Condominium, Phase I, and all exhibits attached thereto, recorded April 2, 1973 in O.R. Book 5224 Page 154, together with amendments thereto recorded in O.R. Book 5246, Page 552, O.R. Book 5246, Page 556, O.R. Book 5262. Page 409, O.R. Book 5262, Page 412, O.R. Book 5266, Page 290, O.R. Book 5284, Page 499, O.R. Book 5284, Pace 502, O.R. Book 5311. Page 784. O.R. Book 5311, Page 787, O.R. Book 5392, Page 25, O.R. Book 5340, Page 308, O.R. Book 5392, Page 28, O.R. Book 5392, Pale 22, O.R. Book 5431, Page 454, O.R. Book 5431. Page 457, O.R. Book 5442, Page 475, O.R. Book 5453. Page 181, O.R. Book 5457, Page 635, O.R. Book 5475, Page 646, O.R. Book 5475, Page 649, O.R. Book 5501, Pase 538, O.R. Book 5501, Page 541. O.R. Book 5524, Page 376, O.R. Book 5524, Page 379, O.R. Book 5547 Page 151, O.R. Book 5547, Page 154, O.R. Book 5564, Page 53, O.R. Book 5570, Page 825, O.R. Book 5570, Page 828, O.R. Book 5610, Page 601, O.R. Book 5610, Page 604, O.R. Book 5627, Page 980, O.R. Book 5634. Page 903, O.R. Book 5648 Page 733, O.R. Book 5654, Page 416, O.R. Book 5654, Page 419, O.R. Book 5659, Page 91, O.R. Book 5666. Page 847, O.R. Book 5684, Page 553, O.R. Book 5684, Page 556, O.R. Book 5686, Page 42, O.R. Book 5690, Page 552, O.R. Book 5704 Page 581, O.R. Book 5716. Page 46, O.R. Book 5758, Page 308, O.R. Book 5758, Page 311, O.R. Book 5770, Page 75, O.R. Book 5770. Page 78, O.R. Book 5770, Page 81, O.R. Book 5816, page 872, O.R. Book 5827, 344, O.R. Book 5827, Page 347, O.R. Book 5855, Page 826, O.R. Book 5855. Page 829, O.R. Book 5873. Page 684 O.R. Book 5901, Page 850, O.R. Book 5930, Page 872, O.R. Book 5930, Page 8 99, O.R. Book 5940, Page 711, O.R. Book 5966, Page 943, O.R. Book 5994, Page 407, O.R. Book 6027, Page 181O.R. Book 6047, Page 774, O.R. Book 11490. Page 525, O.R. Book 17237, Page 549, O.R. Book 193b, Page 135, O.R. Book 26554, Page 448, O.R. Book 26554, Page 450, O.R. Book 29633, Page 1716, O.R. Book 30069, Page 344 and O.R. Book 30570 Page 1796, Public Records of Broward County, Florida (hereinafter "Declaration"). Such Declaration may establish and provide without limitation for easements, liens, charges, assessments, an option to purchase, a right of first refusal, and/or the prior approval of a future purchaser or occupant. 3. Recreation and Community Facility Lease recorded in O.R. Book 5224, Page 258, as assigned by O.R. Book 6315. Page 413, O.R. Book 6315, Page 415, O.R. Book 6315 Page 434, O.R. Book 6315, Page 439, O.R. Book 8362, Page 59, and affected by the Waiver of Rent and Covenant ofNon-Dance recorded in O.R. Book 13245. Page 387, Public Records of Broward County, Florida. 4. Developer Agreement with Tamarac Utilities, Inc. recorded in O.R. Book 4508, Page 447, together with modification thereto recorded in O.R. Book 6734, Page 945, Public Records of Broward County, Florida. 5. Easements recorded in O.R. Book 5246. Page 537, O.R. Book 5492. Page 606, O.R. Book 5724, Page 805, O.R. Book 6233, Page 359, O.R. Book 6233. Page 363, O.R. Book 6269. Page 847 (modified by Rev. 12/10 Page 3 of 6 TITLE SEARCH REPORT Fund File Number: 1356949 O.R Book 6488. Page 553), O.R. Book 6453, Page 746, O.R. Book 6517, Page 817 and O.R. Book 6582. Page 876, Public Records of Broward County, Florida. 6. Boat Ramp Installation Agreement recorded in O.R. Book 46549 Page 898, Public Records of Broward County, Florida. 7. Note: The subject property appears to border on a body of water. Rights of the lessees under unrecorded leases. Other Encumbrances: Nothing Found REAL PROPERTY TAX INFORMATION ATTACHED Proposed Insured: N/A STANDARD EXCEPTIONS INFORMATION REMOVED BECAUSE NOT ISSUING A POLICY. Rev. 12/10 Page 4 of 6 TITLE SEARCH REPORT Exhibit A Fund File Number: 1356949 A parcel of land in Section 11, Township 49 South, Range 41 East; said parcel including a portion of Tract 15 in said Section 11, according to the Plat of FORT LAUDERDALE TRUCK FARMS, as recorded in Plat Book 4, Page 31 Public Records of Broward County, Florida, and being more particularly described as follows: Commencing on the South line of said Section 11, at an intersection with the Southerly projection of a line 880 feet East of, as measured at right angles, and parallel with the West line of said Tract 15; thence run North 0° 06' 02" West, (on an assumed bearing), 163.03 feet along said parallel line and its projection; thence run North 89' 02' 05" West 40.01 feet parallel with said South line of Section 11, to the Point of Beginning; thence continue North 89' 02' 05" West 360.61 feet along said parallel line, to a point of intersection with a curve running Northwesterly to the left, a radial at said point bearing South 860 00' 40" West; thence run Northwesterly 159.31 feet along the arc of said curve to the left, having a radius of 921.83 feet, a central angle of 9° 54' 07" to an intersection with a line 455 feet East of, as measured at right angles and parallel to said West line of Tract 15; thence run North 0° 06' 02" West 135.28 feet along said parallel line; thence run South 891 02'05" East 385.06 feet parallel with said South line of said Section 11, to an intersection with a line 840 feet East of as measured at right angles, and parallel to said West line of Tract 15; thence run South 0° 06' 02" East 292.05 feet along said parallel line, to the Point of Beginning. AKA: Recreation Parcel No. 1 Shaker Village Condominium Phase I Rev. 12/10 Page 6 of 6 From: Karla Swartz <KSwartz@TheFund.com> Sent: Friday, March 24, 2023 11:11:40 AM To: Michelle J. Gomez <michelle@scggpa.com> Subject: RE: Shaker Village Clubhouse // Canterbury Lane // 1381661 Good Morning Michelle, I reviewed this with u/w and am posting their notes below on what would be needed to sell these lands: We would need deeds from all unit owners, releases from all mortgages and lienholders of the units, and a resolution from the board of the association consistent with the declaration approving the sale. (This would require a search to be ran on every unit) Please let me now how you would like to proceed — cancel the order, or have a title search ran on every unit, etc.. etc.. to proceed with sale of the lands. If you will be proceeding, I will get with my manager to price out the search (initial parcel search is $125; typically each additional search runs $50/parcel). Regards... Karla Swartz Senior Examiner Branch Operations Office: 954-771-0150 [EXT. 6249] Toll -free: 800-363-3863 Email: kswart4_ DLhejund.colrJ Ou. TheFund.com () a(D 0 The sender believes that this E-mail and any attachments were free of any virus, worm, Trojan horse, and/or malicious code when sent. By reading the message and opening any attachments, the recipient accepts full responsibility for taking protective and remedial action about viruses and other defects. Attorneys' Title Fund Services, LLC is not liable for any loss or damage arising in any way from this message or its attachments. From: Karla Swartz <KSwartz@TheFund.com> Sent: Monday, April 24, 2023 3:45:43 PM To: Michelle J. Gomez <michelle@scggpa.com> Subject: RE: Shaker Village Clubhouse // Canterbury Lane // 1381661 Hi Michelle, A title search report would only state what is of record, it would not call for curative action. We would need to do one for each unit... Is that what you are asking for— to see what is out there for each unit in the complex? Regards... Karl4i ` v"'Iart4 Senior Examiner Branch Operations Office: 954-771-0150 [EXT. 6249] Toll -free: 800-363-3863 Email kswartz@thefund.com From: Michelle J. Gomez <michelle@scggpa.com> Sent: Monday, April 24, 2023 3:29 PM To: Karla Swartz <KSwartz@TheFund.com> Subject: RE: Shaker Village Clubhouse // Canterbury Lane // 1381661: CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Karla, I am sorry, not yet. Can we convert this to a report on what needs to be done if there should be a sale of the property? Please let me know the cost. Best, Michelle From: Karla Swartz <KSwartz@TheFund.com> Sent: Monday, April 24, 2023 10:36 AM To: Michelle J. Gomez <michelle@scggpa.com> Subject: RE: Shaker Village Clubhouse // Canterbury Lane // 1381661: Good Morning Michelle, I wanted to check if a decision has been made regarding this transaction. Thank you... Karla Swarrtz Senior Examiner Branch Operations Office: 954-771-0150 [EXT. 6249] Toll -free: 800-363-3863 Email: kswartz ,thefUnd.com The 0 TheFund.com 0000 The sender believes that this E-mail and any attachments were free of any virus, worm, Trojan horse, and/or malicious code when sent. By reading the message and opening any attachments, the recipient accepts full responsibility for taking protective and remedial action about viruses and other defects. Attorneys' Title Fund Services, LLC is not liable for any loss or damage arising in any way from this message or its attachments. Section 5 —Additional reading Declaration Cannot Take Away Common Elements in a Condominium Posted by David Ad(.L_ h n. The recent case of IconBrickell Condominium No. Three Association, Inc. v. New Media Consulting, LLC, 45 Fla. L. Weekly D2272a (Fla. 3d DCA 2020) is an interesting case discussing the common elements of a condominium where the trial court, affirmed by the appellate court, found that the Declaration governing a condominium violates Florida's Condominium Act (Florida Statutes Chapter 718) because it "impermissibly divested residential unit owners of their undivided share in the common elements of the condominium." Because the Declaration took away common elements from residential unit owners, it was determined that doing so was contrary to the law. The condominium at -issue consisted of residential units, certain commercial units, and a luxury hotel. The Declaration attempted to minimize common elements owned by the Page 7 of 9 residential owners by designating them as "shared facilities" owned by the hotel, even though the cost for these "shared facilities" were passed to residential unit owners. One of the residential unit owners filed a lawsuit claiming the Declaration was violative of Florida's Condominium Act by taking away common elements and reclassifying them as shared facilities owned by the hotel. The appellate court agreed with a worthy discussion of condominium ownership and, importantly, the definition of common elements under Florida's Condominium Act: "A condominium unit is a hybrid interest in real estate, entitling an owner both to the exclusive ownership and possession of a unit and an undivided interest as a tenant in common with other unit owners in the common areas." "The declaration of condominium, which is the condominium's `constitution,' creates the condominium and `strictly governs the relationships among the condominium unit[ ] owners and the condominium association.'" As condominium ownership is created only by statute, such acts also regulate the operation of condominiums. Accordingly, in Florida, all provisions of a condominium declaration must conform to the Act, "and to the extent that they conflict therewith, the statute must prevail." The Act defines a condominium as "that form of ownership of real property created pursuant to this chapter, which is comprised entirely of units that may be owned bV one or more persons, and in which there is, appurtenant to each unit, an undivided share in common elements." As the shares are undivided, the separate sale of the common elements is prohibited. The condominium association is "responsible for the operation of common elements," ... and in mixed -use and residential condominiums, "the common expenses of the condominium and common surplus of the condominium shall be the same as the unit's appurtenant ownership interest in the common elements." Under the Act, the "common elements" consist of "the portions of the condominium property not included in the units," ... along with the following: (b) Easements through units for conduits, ducts, plumbing, wiring, and other facilities for the furnishing of utility services to units and the common elements. (c) An easement of support in every portion of a unit which contributes to the support of a building. (d) The property and installations required for the furnishing of utilities and other services to more than one unit or to the common elements. This language is clear and unambiguous, hence we "need not look behind the statute's plain [wording] or employ principles of statutory construction to determine legislative Page 8 of 9 intent." Despite this plainly penned legislative preemption, here, intrepidly mirroring the words of the Act, the Declaration designates all "property and installations required for the furnishing of utilities and other services to more than one unit or to the Common Elements, if any," along with the "wires, conduits, pipes, ducts, transformers, cables," residential lobby and elevators, and communal trash disposal systems as shared facilities. This recharacterization, and the resultant expropriation of undivided common ownership, indubitably contravenes the edict of the Act. IconBrickell Condominium No. Three Association, Inc., supra, (internal citations omitted). Please contact David Adelstein at dadelstein@gmail.com or (954) 361-4720 if you have questions or would like more information regarding this article. You can follow David Adelstein on Twitter @DavidAdelstein1. Cited: https://provemyfloridacase.com/declaration-cannot-take-away-common- elements-in-a- condominium/#:—:text=The%20Act%20defines%20a%20condominium,shar es%20are%20undivided%2C%20the%20separate Case attached as well. Page 9 of 9 Tbt'tb �t5trtct �:ourt of APPUlt State of Florida Opinion filed October 7, 2020. Not final until disposition of timely filed motion for rehearing. No. 3D19-0521 Lower Tribunal No. 1 S-3869 IconBrickell Condoininium No. Three Association, Inc., et al., Appellants, vs. New Media Consulting, LLC, Appellee. An appeal from the Circuit Court for Mianu-Dade County, Daryl E. Trawick, Judge. Greenberg Traurig, P.A., and Mark F. Bideau (West Palm Beach), Elliot H. Scherker, Brigid F. Cech Samole, and Katherine M. Clemente; and Kaye Bender Rembaum, P.L., and Lauren T. Schwarzfeld (Pompano Beach), for appellants. Annesser Armenteros, PLLC, and John W. Annesser, and Megan Conkey Gonzalez, for appellee. Before SCALES, MILLER, and GORDO, JJ. MILLER, J. Appellant, IconBrickell Condominium No. Three Association, Inc. (the "Association"), challenges an adverse summary declaratory judgment rendered in favor of appellee, New Media Consulting, LLC. We have jurisdiction. Fla. R. App. P. 9.030(b)(1)(A). On appeal, the Association contends the lower tribunal erred in finding its declaration terms impermissibly divested residential unit owners of their undivided share in the common elements of the condominium. For the reasons articulated below, we affirm the cogent order under review. BACKGROUND Developed in 2008, IconBrickell is a multi -condominium community comprised of three towers. All three edifices are subject to a master declaration of condominium known as the Declaration of Covenants, Restrictions and Easements for IconBrickell. The third building, Tower No. Three, a mixed -use condominium consisting of hundreds of residential units, several commercial units, and the W Miami Hotel, a luxury boutique hotel owned by Senyar Miami Holding, LLC, is further governed by the Declaration of IconBrickell Condominium No. Three (the "Declaration"). New Media is the owner of a residential unit located within Tower No. Three. As relevant to these proceedings, while the Declaration, recorded in February 12, 2009, submits "to the condominium form of ownership and use in the manner provided for in the Florida Condominium Act as it exists on the date hereof and as it may be hereafter renumbered," section 2.14 provides: The Condominium has been established in such a manner to minimize the Common Elements. Most components which are typical "common elements" of a condominium have instead been designated herein as part of the Shared Facilities of the Hotel Unit, including, without limitation, all property and installations required for the furnishing of utilities and other services to more than one Unit or to the Common Elements, if any. Consequently, the common elements are limited to property not included within the units. along Nvith: (1) "[a]n easement of support in every portion of a Unit which contributes to the support of the Building;" and (2) "the surface water management system." Conversely, "shared facilities" specifically include, any and all structural components of the Improvements, ... balconies, terraces and/or facades attached or affixed thereto ... ; all utility, mechanical, electrical, telephonic, telephone switchboard, Life Safety Systems, telecommunications, plumbing and other systems, including, without limitation, all wires, conduits, pipes, ducts, transformers, cables and other apparatus used in the delivery of the utility, mechanical, telephonic, telecommunications, electrical, plumbing, Life Safety Systems and/or other services or systems; ... all elevator shafts, elevator cabs, elevator cables and/or systems and/or equipment used in the operation of the elevators [traversing] the Condominium Property; and all trash rooms, trash chutes (if any) and any and all trash collection and/or disposal systems. In addition, the Shared Facilities include the following areas ... the main hotel lobby and the residential lobby. The shared facilities are subject to the ownership and control of Senyar, the owner of the W Hotel. Notwithstanding the absence of common ownership, the Declaration enlburdens residential unit owners with those expenses incurred by 3 Senyar in furtherance of the maintenance, repair, replacement, improvement, management, and operation of the shared facilities. At the same time, Senyar remains unencumbered by certain statutory provisions regulating condominium association assessments. In early 2018, citing the designation of statutorily circumscribed common elements as shared facilities, New Media filed a single -count action in the lower court, seeking a judicial determination that the Declaration runs afoul of chapter 718, Florida Statues. Thereafter, when ripe for decision, the trial court granted summary judgment in favor of New Media. The instant appeal ensued. STANDARD OF REVIEW "[A] declaratory judgment is accorded a presumption of correctness." Three Keys, Ltd. v. Kennedy Funding Inc., 28 So. 3d 894, 903 (Fla. 5th DCA 2009) (citation omitted). Nonetheless, because here, the trial court's interpretation and application of both the Florida Condominium Act and Declaration present pure questions of law, our standard of review is de novo. See Courvoisier Courts, LLC v. Courvoisier Courts Condo. Ass'n, Iiic., 105 So. 3d 579, 580 (Fla. 3d DCA 2012) ("A trial court's interpretation of a condominium's declaration is also reviewed de novo.") (citation omitted); State v. J.L.M., 926 So. 2d 457, 459 (Fla. Ist DCA 2006) ("The trial court's interpretation and application of a statute is a pure question of law subject to de novo review.") (citation omitted). Gl LEGAL ANALYSIS Although the lower tribunal found multiple violations of law, the dispositive threshold question before us is whether the Association is endowed with the discretion to reclassify certain amenities as "shared facilities." Two autonomous yet convergent sources of law guide our resolution of this issue. The first is the Florida Condominium Act (the "Act") codified in chapter 718, Florida Statutes, and the second is the Declaration. "A condominium unit is a hybrid interest in real estate, entitling an owner both to the exclusive ownership and possession of a unit and an undivided interest as a tenant in common with other unit owners in the common areas."' 3C Sutherland Statutory Construction §78:1 (8th ed. 2019). "The declaration of condominium, which is the condominium's `constitution,' creates the condominium and 'strictly ' "[T]he legal doctrine of condominium ownership has its roots ... in twelfth century Germany, during which time houses were owned by floors known as stocku,erkseigentum — `story property."' William P. Sklar, Concept of Condominium and Homeowner Association Ownership, CONDO FL-CLE 1-1 (2018). "One of the earliest identifiable statutory recognitions of the condominium is found in the Napoleonic Code of 1804. The first sophisticated U.S. condominium statute was enacted in 1958 by the Commonwealth of Puerto Rico." Richard J. Kane, The Financing of Cooperatives and Condominiums: A Retrospective, 73 St. John's L. Rev. 101, 101-02 (1999). Shortly thereafter, the Federal Housing Administration "gave great impetus to the condominium concept when, in 1960, .. . [it] issued [a] ... Model Statute for the creation of apartment ownership ... , creating the first generation of condominium acts that were eventually passed by all [fifty] states by 1970." William P. Sklar, Concept of Condominium and Homeowner Association Ownership, CONDO FL-CLE 1-1 (2018). 5 governs the relationships among the condominium unit[] owners and the condominium association."' Neuman v Grandview at Emerald Hills, Inc., 861 So. 2d 494, 496-97 (Fla. 4th DCA 2003) (quoting Woodside Vill. Condo. Ass'n v. 3ahren, 806 So. 2d 452, 456 (Fla. 2002)); see Cohn v Grand Condo. Ass'n, Inc., 62 So. 3d 1120, 1121 (Fla. 2011) ("A declaration of condominium ... operates as a contract among unit owners and the association, `spelling out mutual rights and obligations of the parties thereto."') (citation omitted). As condominium ownership is created only by statute, such acts also regulate the operation of condominiums. 3C Sutherland Statutory Construction §78:1 (8th ed. 2019). Accordingly, in Florida, all provisions of a condominium declaration must conform to the Act, "and to the extent that they conflict therewith, the statute must prevail." Winkelman v. Toll, 661 So. 2d 102, 105 (Fla. 4th DCA 1995); see Tranquil Harbour Dev., LLC v. BBT, LLC, 79 So. 3d 84, 86 (Fla. 1st DCA 2011) ("Because a condominium is strictly a creature of statute, the language of the statutes in effect on the date of the declaration of condominium `is as controlling as if engrafted onto"' the declaration itself.) (citation omitted); see also § 718.102, Fla. Stat. ("Every condominium created and existing in this state shall be subject to the provisions of this chapter."); § 718.303(2), Fla. Stat. ("A provision of this chapter niay not be waived if the waiver would adversely affect the rights of a unit owner or the purpose of the provision."). r, The Act defines a condominium as "that form of ownership of real property created pursuant to this chapter, which is comprised entirely of units that may be oNmed by one or more persons, and in which there is, appurtenant to each unit, an undivided share in common elements." § 718.103(11), Fla. Stat. As the shares are undivided, the separate sale of the common elements is prohibited. § 718.107(1), Fla. Stat. ("The undivided share in the common elements which is appurtenant to a unit shall not be separated from it and shall pass with the title to the unit, whether or not separately described."). The condominium association is "responsible for the operation of common elements," § 718.103(2), Fla. Stat., and in mixed -use and residential condominiums, "the common expenses of the condominium and common surplus of the condominium shall be the same as the unit's appurtenant ownership interest in the common elements." § 718.115(2), Fla. Stat. Under the Act, the "common elements" consist of "the portions of the condominium property not included in the units," § 718.103(8), Fla. Stat., along with the following: (b) Easements through louts for conduits, ducts, plumbing, wiring, and other facilities for the fiirnishing of utility services to units and the common elements. (c) An easement of support in every portion of a unit which contributes to the support of a building. (d) The property and installations required for the furnishing of utilities and other services to more than one unit or to the common elements. § 718.108, Fla. Stat. h This language is clear and unambiguous, hence we "need not look behind the statute's plain [wording] or employ principles of statutory construction to determine legislative intent." English v. State, 191 So. 3d 448, 450 (Fla. 2016) (citations omitted). Despite this plainly penned legislative preemption, here, intrepidly mirroring the words of the Act, the Declaration designates all "property and installations required for the furnishing of utilities and other services to more than one unit or to the Common Elements, if any," along with the "wires, conduits, pipes, ducts, transformers, cables," residential lobby and elevators, and communal trash disposal systems as shared facilities. This recharacterization, and the resultant expropriation of undivided common ownership, indubitably contravenes the edict of the Act. See § 718.107, Fla. Stat. In closing, we decline to embrace the broader proposition that the transfer of ownership and control of any amenities traditionally designated as common elements violates the spirit, if not the letter, of the law. Nonetheless, here, compliance with the remainder of the Act remains wholly contingent upon a proper classification of the minimally required common elements.' Hence, this threshold misnomer necessarily engendered the litany of additional statutory violations comprehensively delineated in the order below. See § 718.108(1)(d), Fla. Stat. '- "[I]f it is not necessary to decide more, it is necessary not to decide more." PDK Labs. Inc. v. U.S. D.E.A., 362 F.3d 786, 799 (D.C. Cir. 2004) (Roberts, J., concurring). M. ("`Common elements' includes within its meaning ...[t]he property and installations required for the furnishing of utilities and other services to more than one unit."); § 718.113 (1), Fla. Stat. ("Maintenance of the conunon elements is the responsibility of the association. The declaration may provide that certain limited common elements shall be maintained by those entitled to use the limited common elements."); § 718.115(2), Fla. Stat. (In a "mixed -use condominium ... each unit's share of the common expenses of the condominium and common surplus of the condominium shall be the same as the unit's appurtenant ownership interest in the common elements."); § 718.116(9)(a), Fla. Stat. ("A unit owner may not be excused from payment of the unit owner's share of common expenses unless all other unit owners are likewise proportionately excluded from payment."); § 718.404(3), Fla. Stat. ("[F]or mixed -use condominiums ... the ownership share of the common elements assigned to each unit shall be based either on the total square footage of each unit in uniform relationship to the total square footage of each other unit in the condominium or on an equal fractional basis."); § 718.3026(1), Fla. Stat. ("If a contract for the purchase, lease, or renting of materials or equipment, or for the provision of services, requires payment by the association on behalf of any condomnium operated by the association in the aggregate that exceeds [five] percent of the total annual budget of the association, including reserves, the 9 association shall obtain competitive bids for the materials, equipment, or services."). Accordingly, we discern no error and affinn.3 Affinned. 3 The Association contends the trial court further erred in ordering reformation. Because the order on appeal merely directed the Association to "reform" the Declaration to comply with Florida law, we find no such error. See Reform, The American Heritage Dictionary (5th ed. 2020) ("To improve by alteration, correction of error, or removal of defects; put into a better form or condition."). 10