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HomeMy WebLinkAbout2023-09-13 - City Commission Regular Meeting MinutesREGULAR CITY COMMISSION MEETING MINUTES WEDNESDAY, SEPTEMBER 13, 2023 7:00 PM COMMISSION CHAMBERS CALL TO ORDER Mayor Michelle J. Gomez called the Wednesday, September 13, 2023, City Commission meeting, being held in Commission Chambers, to order at 7:05 p.m. ROLL CALL Present were Mayor Michelle J. Gomez, Vice Mayor Marlon D. Bolton, Commissioner Kicia Daniel, Commissioner Morey Wright Jr., and Commissioner Elvin Villalobos. Also present were City Manager Levent Sucuoglu, Assistant City Manager Maxine Calloway, City Attorney Hans Ottinot, and Assistant City Clerk Monica Barros. PLEDGE OF ALLEGIANCE Commissioner Kicia Daniel led the Pledge of Allegiance and moment of silence. Mayor Gomez recognized former Tamarac Mayor Beth Talabisco, present on behalf of Broward County Commissioner Michael Udine. 1. CITY ATTORNEY REPORT City Attorney Ottinot shared that he had recently taken a bus tour with City Manager Sucuoglu and staff to view three (3) properties previously deemed a public nuisance which had been cleaned up. 2. CITY MANAGER REPORT 2.a. Suicide Prevention Awareness Month Proclamation Requested by Mayor Michelle J. Gomez Mayor Gomez read the proclamation and presented it to Patti Lynn, who accepted the proclamation on behalf of the Broward League of Women Voters. 2.b. Proclamation Celebrating 3011 Anniversary of Nina's Jewelry in Tamarac Requested by Mayor Michelle J. Gomez Mayor Gomez read the proclamation and presented it to the family. 2.c. Hunger Action Month Proclamation Requested by Mayor Michelle J Gomez Minutes September 13, 2023 — Regular Commission Meeting Page 2 Mayor Gomez read the proclamation and presented it to Michael Wilson of Feeding South Florida. Proclamation Recognizing Parks and Recreation Director Greg Warner Requested by Mayor Michelle J. Gomez Mayor Gomez read the proclamation in recognition of and the retirement of Parks and Recreation Director Greg Warner, who began with the City of Tamarac in 1999, and proclaimed September 13, 2023, as Greg Warner Day in the City of Tamarac. 2.d. 2023 First Semi -Annual Neighborhood Beautification Recognition Award Winners Citywide Commercial Property — Tamarac SS Associates, LLC (CUBESMART), 8251 W McNab Road District 1 — Cathleen Kessler, 2624 NW 54 Street District 2 — Matthew Santiago and Xaymara Acevedo, 9608 NW 66 Street District 3 — William Miller, 10501 NW 70 Street District 4 — Pedro Silva, 8250 NW 69 Avenue 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) Patti Lynn, Mainlands 8, Tamarac, stated Deerfield Beach is getting a wonderful employee in Greg Warner. She noted Broward Sheriff's Office (BSO) did a great job during the first week of managing traffic in school zones. She highlighted the City employees as what make the City, and stated they are always polite, kind, and helpful. 2) Dr. Darcy Schiller, Kings Point, Tamarac, commented that she hoped the people crowding the meeting would continue to be involved, as outlined the importance of the budget meetings on September 14 and September 26. 3) Dr. Kate Johnson, Mainlands 4, Tamarac, reminded the Commission and City Attorney that they work for all of the residents of Tamarac and have an obligation to do due diligence on any issue that comes before the Commission. She stated all materials and contracts should be examined for what is best for all residents of the City. She commented on the timeline for Central Park improvements and asked why the commitment was not a priority. She asserted that what happens in one (1) district affects all districts and residents are watching. Minutes September 13, 2023 — Regular Commission Meeting Page 3 4) Ron Wasserman, 8577 Jade Drive, Tamarac, highlighted ongoing issues like littering, drag racing, and break-ins. He asked that residents think of a cohesive community. He thanked Mayor Gomez for her support of cancer issues and encouraged everyone to be screened for cancer. He thanked Captain Cooper, BSO, and the Fire Department for their past assistance in calls to his home. 5) Elizabeth Griffith, North Lauderdale, thanked the Commission for referring her to help, and asked for additional assistance in her fight for the pension of her husband, a Tamarac firefighter who died of a heart attack in 2018. Mayor Gomez apologized that the connection previously made was unable to help, and stated she would connect her with another member of staff to assist. 6) Stewart Webster, Versailles Garden, Tamarac, commented on the t-shirts worn by those representing their views on opposing issues, and stated that Commissioners needed to be aware of the City's history. He reminded residents of a past recall of a Tamarac Commissioner and stated leaders in a particular district should take action. He thanked Greg Warner for his time in Tamarac. 7) Janelle Lena, Tamarac, stated it is the collective responsibility of the residents and Commissioners to ensure Commissioners are treated with respect regardless of their background. She commented on past handling of comments, citing several examples, and stated there was not equal treatment on the dais. 8) Rob Alfonso, Tamarac, highlighted the monthly car allowance and stated four (4) of the Commissioners continue to collect it. He noted they can each opt out at any time and encouraged those who promised to vote to get rid of the allowance to do the right thing and opt out today. 9) Rich Bobker, Tamarac, stated it was offensive that he needed to remind Vice Mayor Bolton that he is a civil servant, and not on the dais to represent himself. He asserted Vice Mayor Bolton had made a statement at a previous meeting which led people to believe that Mr. Bobker was driving drunk and hit a monument sign at Kings Point. He stated he wanted to clear the air by explaining he is legally blind and has not driven a car in over 18 years. He commented on defamation and asserted a Commissioner should not be speaking that way about any resident. 10) Herbert Stein, Fairfax Condominiums, Tamarac, commented on the signs being held up by the public gathered. He asserted he was sad to hear about the grifting that goes on by the Commission and asserted that the newly elected Commissioners needed to think about what is best for all of Tamarac. 11) Jodi Ann Reed, Tamarac, stated that given the temperature of topics on the agenda for the meeting, it must be acknowledged that equal and fair treatment is a cornerstone of our democracy. She stated it is imperative that no resident of Commissioner is treated Minutes September 13, 2023 — Regular Commission Meeting Page 4 differently due to their race, background, or any other factor, and asked for a commitment to fairness in the City. 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. TR13982 - A Resolution of the City Commission of the City of Tamarac, Florida, to approve a liability waiver agreement renewal with the Broward Sheriffs Office (BSO) to purchase emergency medical and firefighting equipment and supplies from Broward County Sheriffs Office Fire Rescue Regional Logistics Unit in an amount of one hundred and fifty thousand (150,000) dollars for FY24 and one hundred sixty thousand (160,000) dollars for FY25 for a total amount not to exceed three hundred and then thousand (310,0000) dollars for a two year period and authorize the City Manager to extend the total dollar amount by an additional thirty thousand (30,000) dollars annually based upon exigent circumstances; authorizing the appropriate City Officials to execute a liability waiver agreement for the purchases; providing for conflicts; providing for the severability; and providing for an effective date. 4.b. TR13999 - A Resolution of the City Commission of the City of Tamarac, Florida, approving Change Order No. 3 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 #3 with MBR Construction, Inc., to provide project scope modifications to the Caporella Park Enhancements Project in accordance with MBR Construction, Inc.'s contract agreement for an amount not to exceed $139,840.00, 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. 4.c. TR13996 - A Resolution of the City Commission of the City of Tamarac, Florida, awarding Bid 23-34B to Miller Electric Company, and approving the purchase from, and replacement of Access Control System (ACS) card readers and panels by, Miller Electric Company at a cost of $68,112.81, also to include a contingency of $1,887.19 for permits and other unforeseen needs, providing for a total project Minutes September 13, 2023 — Regular Commission Meeting Page 5 budget of $70,000.00; authorizing expenditures from the appropriate accounts; authorizing the City Manager or his designee to make changes and issue change orders in accordance with the thresholds and provisions delineated in Section 6- 147(J)(2) of the Tamarac Procurement Code; providing for conflicts; providing for scrivener errors; providing for severability; and providing for an effective date. 4.d. TR14004 — A Resolution of the City Commission of the City of Tamarac, Florida amending Resolution R-2023-069, by adding "Community Based Connections, Inc.", to the list of Charitable Entities with whom the City of Tamarac recognizes a formally approved relationship for the express purpose of compliance with Section 1-19(c)(5)(a)(4) of the Broward County Code of Ordinances; providing for conflicts; providing for severability; and providing for an effective date. 4.e. TR14005 - A Resolution of the City Commission of the City of Tamarac, Florida, establishing zero percent (0%) adjustment factor to be applied to the annual water and sewer rate schedule for the fiscal year beginning October 1, 2023; providing for conflicts; providing for severability; and providing for an effective date. 5. ORDINANCE(S) — FIRST READING 6. PUBLIC HEARING(S) 7. ORDINANCE(S) — SECOND READING 7.a. TO2534 - An Ordinance of the City Commission of the City of Tamarac, Florida, adopting a Small Scale Local Land use Plan Amendment to the City of Tamarac's Comprehensive Plan Future Land Use Map in accordance with Chapter 163, specifically Section 163.3187 of the Florida state statutes, for an area of approximately 3.0 net acres in size, located on the Northeast corner of Northwest 21 Avenue and West Prospect Road, addressed as 2099 West Prospect Road, fully described as Parcel "A," "Prospect Plaza" according to the plat thereof, as recorded in Plat Book 136, page 2 of the public records of Broward County, Florida, to change the future land use designation from "Low -Density Residential" to "Low -Medium Residential" in order to allocate one (1) flexibility unit to facilitate the allowance of a school use and provide consistency with the Land Development Code in accordance with the intent of the comprehensive plan of the City of Tamarac; (Case No. 1- LUA-23) authorizing transmittal of the Small Scale Land Use Map Amendment to the Department of Economic Opportunity and the Broward County Planning Council for recertification of the City of Tamarac Future Land Use Map; providing for amendment to the land use plan to reflect such change; providing for conflicts; providing for severability; and providing for an effective date Minutes September 13, 2023 — Regular Commission Meeting Page 6 City Attorney Ottinot noted items 7a, 7b, and 8a were related. He read each of the titles for the record. Moved by Vice Mayor Bolton; seconded by Commissioner Villalobos to adopt Ordinance T02534. Attorney Keith Poliakoff, Government Law Group, was present to answer any questions on behalf of the applicant. He submitted a presentation, which is on file in the City Clerk's Office. 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. 7.b. T02535 - An Ordinance of the City Commission of the City of Tamarac, Florida, amending the Official Zoning Map of the City of Tamarac referenced in Section 10-2.1(B) of Chapter 10 of the City of Tamarac Code of Ordinances to reflect the rezoning of certain real estate property fully described as Parcel "A," "Prospect Plaza" according to the Plat thereof, as recorded in Plat Book 136, Page 2 of the public records of Broward County, Florida, from the current RE (Residential Estate) zoning classification to R-3 (MultiFamily Residential) zoning classification, for the subject property located at 2099 West Prospect Road, in order to allocate one (1) flexibility unit to facilitate the allowance of a school use and provide consistency with the Land Development Code in accordance with the intent of the Comprehensive Plan of the City of Tamarac; (Case No. 5-Z23 & 1- FLX-23); providing for amendment to the Official Zoning Map to reflect such change; providing for conflicts; providing for severability; and providing for an effective date. Moved by Vice Mayor Bolton; seconded by Commissioner Wright to adopt Ordinance T02535. 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 September 13, 2023 — Regular Commission Meeting 8. QUASI-JUDICIAL HEARING(S) Page 7 8.a. TB079 - Board Order approving/denying Special Exception application for a proposed School use in an R-3 (MultiFamily Residential) zoning district, pursuant to the Tamarac Code of Ordinances. Moved by Vice Mayor Bolton; seconded by Commissioner Wright to approve the TB079 as presented. City Attorney Ottinot outlined the City's procedures regarding Quasi -Judicial proceedings. He confirmed the public notice items were met for the items and asked for any ex-parte disclosures, and there were none to disclose. City Clerk Kimberly Dillon swore in those wishing to provide testimony. Mayor Gomez opened the floor to comments from the public, however there being no one to speak, closed public participation. Motion Approved: 5-0. Voting For: Mayor Gomez, Vice Mayor Bolton, Commissioner Daniel, Commissioner Wright, and Commissioner Villalobos. Voting Against: None. 8.b. TB080 - Board Order approving/denying a Variance application requesting relief from the requirements of Section 10-4.10(E)(1)(a), Table 10-4.11: Monument and Entrance Sign Standards, of the City's Code of Ordinances for Legacy at Tamarac located at 6170-6190 Rock Island Road, Tamarac, Florida 33319. City Attorney Ottinot read the title for the record. City Attorney Ottinot confirmed the public notice items were met for the item and asked for any ex-parte disclosures. Vice Mayor Bolton stated the applicant had called him a week ago. Moved by Vice Mayor Bolton; seconded by Commissioner Wright to approve the TB080 as presented. Eric Valderrama provided a presentation on behalf of the applicant, which is on file in the City Clerk's Office. 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 September 13, 2023 — Regular Commission Meeting 9. REGULAR AGENDA Page 8 9.a. TR14001 - A Resolution of the City Commission of the City of Tamarac, Florida, providing notice to the public of a pending ordinance and directing staff to develop and process for adoption an ordinance to provide for certification of compliance of affordable housing projects and other land development regulations addressing affordable housing, mixed -use and multi -family projects; and providing an effective date and an expiration date of six (6) months. 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. Joey Blair, Tamarac, asked a question regarding development type and price. Mayor Gomez explained the item briefly. Mayor Gomez 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.b. TR14000 - A Resolution of the City Commission of the City of Tamarac, Florida approving a second amendment to agreement between Broward County and the City of Tamarac, attached hereto as Exhibit "1" to provide for bus stop improvements at an additional forty five (45) locations throughout the city; authorizing the appropriate City Officials to execute the second amendment to agreement attached hereto as Exhibit "1" and incorporated herein; 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. 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 September 13, 2023 — Regular Commission Meeting Page 9 9.c. R14007 - A Resolution of the City Commission of the City of Tamarac, Florida, approving in substantially the same form a shared use agreement between the City of Tamarac and Shaker Village Condominium Association, Inc., a Florida Not For Profit Corporation, attached hereto as Exhibit "A", pursuant to a purchase and sale agreement and addendum to commercial contract to acquire the property located at Canterbury Lane, property ID No. 4941 11 01 0170 for the purpose of constructing a community center; authorizing the City Manager and the City Attorney to take all necessary actions to effectuate this resolution; 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 the resolution as presented. Mayor Gomez reviewed changes agreed upon by the Commission at the September 12 Workshop. Discussion ensued regarding approval of changes by the attorney for Shaker Village. Mayor Gomez opened the floor to comments from the public. 1) Myron E. Siegel, Hollywood, explained he was an attorney representing a resident of Shaker Village and had filed a lawsuit on September 12 on behalf of that resident against the Shaker Village Homeowners Association (HOA). He explained the suit was asking the Court to determine whether the HOA has a right to sell the clubhouse property to the City. He stated based on his analysis, they do not have that right without a vote of the owners. He suggested the discussion be tabled pending a Court ruling and explained he had taken the case pro bono. 2) Colleen McCormick, Canterbury Lane, Tamarac, spoke in support of the project. She stated a lot of money had been put into west Tamarac, and it is gorgeous as a result. She noted all community centers are in west part of the City where the older generation lives, and the families in east Tamarac need community centers, as well. She asserted this project would improve Commercial Boulevard and have an impact on the community. 3) Jeffrey Shapiro, 6104 Orchard Tree Lane, Tamarac, spoke in opposition to the project. He stated it was the City bailing out a failed community due to issues with maintenance of infrastructure. He asserted it was not fair to the residents of other communities and would set a precedent. 4) Paul Gordon II submitted a speaker card in support of the agreement. 5) Delroy Thompson submitted a speaker card in opposition. 6) Colin Johnson Gordon submitted a card in support. Minutes September 13, 2023 — Regular Commission Meeting 7) Verwin Thompson submitted a speaker card in opposition of the item. 8) Lauren Butka submitted a card in support. 9) Dolores Taglioso submitted a speaker card in opposition of the item. 10) Karlena Mitchell submitted a card in support. 11) Ellen Wong submitted a speaker card in opposition of the item. 12) Edna Rodney submitted a card in support. 13) Sylvia Marguielles submitted a speaker card in opposition of the item. 14) Mel Marguielles submitted a speaker card in opposition of the item. 15) Willy Davis submitted a card in support. 16) Tamara Davis submitted a card in support. 17) Joseph Boise submitted a speaker card in opposition of the item. Page 10 18) Nadine Gordon, Shaker Village, Tamarac, stated she had been a Shaker Village resident for 25 years and believed the project had the potential to benefit the entire community. She noted the purchase was not to rebuild the Shaker Village Clubhouse but was a vision to build a community center which would serve as a beacon of inclusivity in the community. She stated most of the City's buildings are on the west side of Tamarac and east side residents are not being served by amenities and services. She urged the Commission and staff to support the project. 19) Beth Finchler submitted a speaker card in opposition of the item. 20) Camilla Allen submitted a card in support. 21) Carolyn Thompson submitted a speaker card in opposition of the item. 22) Corrine Graham, Shaker Village, Tamarac, commented on rumors in the community related to Code violations and liens in Shaker Village. She asserted Commissioner Villalobos had been making inaccurate statements and had access to the facts. She stated decisions should be made based on accurate and verified information. 23) Rich Bobker, Kings Point, Tamarac, stated his biggest question is how the Commissioners will explain to the residents of their districts that it is a good idea to pour public money into a private project. He asserted the Shaker Village Board had a fiduciary responsibility to take care of their property, and it is not up to the taxpayers of Tamarac. He discussed increases to insurance, inflation, and other costs. He encouraged the new Commissioners to break from Vice Mayor Bolton on this decision and become the leaders the community expects. Minutes September 13, 2023 — Regular Commission Meeting Page 11 24) Judith Fetzer submitted a speaker card in opposition of the item. 25) Barry Schwartz, Tamarac, provided additional clarification regarding the proposed community center. He stated it had been reported that the center would cost the community $24 million, but that number was not accurate and had contributed to the confusion and concern of residents. He reviewed the City's budget allocations for the project and others briefly. He stated the community center was intended for the benefit of all residents. 26) enise Goldberg, Fairfax Drive, Tamarac, stated she did not understand several things about the situation, including the insurance proceedings received by Shaker Village to repair the clubhouse. She noted everyone is dealing with higher costs related to insurance and safety, and asked whether everyone should be asking the City for assistance with their extra costs. 27) Kathy Horsford, Tamarac, stated the Commission made a significant financial decision to spend $10 million enhancing the Colony West Golf Club and courses, and asserted the benefits should be compared with the Shaker Village community center project. She discussed the percentage of the population that golfs and stated it is a sport favored by a specific demographic, while a community center is a place of inclusivity that caters to the needs of the entire community. 28) Joan Florsheim, Kings Point, Tamarac, asserted it was her understanding that the money spent on the golf course would be paid back over time. She expressed concern regarding how the situation had gotten to this point. She stated when a member of the clergy, who is supposed to act in a way that is upright, ethical, and moral, has acted in a way that was not, and had persuaded members to follow them without forming their own opinions, she finds that distressing. She noted that she hopes all the Commissioners will stand up for what they think is right. 29) Thomas Smith, Shaker Village, Tamarac, stated the statements should be made on accurate information. He advised Commissioner Villalobos had previously referenced five (5) units owned by the Shaker Village HOA which could be sold, but the reality is funds are not available to settle the mortgages as would be required prior to making a sale. He stated Shaker Village was not asking for their clubhouse to be rebuilt and was not asking for a handout. He noted if he believed the misinformation going around, he also would not support the project in Shaker Village. 30) Dr. Kate Johnson, Mainlands 4, Tamarac, stated this agreement was another example of the City Attorney not looking out for the best interests of the City. She asserted he refused to acknowledge a lawsuit filed against the City or a lack Minutes September 13, 2023 — Regular Commission Meeting Page 12 of title commitment, which is required for the City to be protected. She advised that a resident would not buy a house with title issues, and neither can the City. She stated the deal reeks of collusion and suggested a community center be built on the City -owned property near Central Park. She added that if other HOAs have to pay rent to use City facilities, so should Shaker Village. 31) Damian Golding, Shaker Village, Tamarac, discussed the insurance proceeds received for repairs to the Shaker Village clubhouse. He reviewed the amounts dispersed and noted the HOA lacks the means to verify deposits and receipts. He stated a lawsuit had been filed. 32) Andrea Grecco, Mainlands, Tamarac, stated she was already disgusted with the way that some of the Commissioners consider their own needs before those of the residents, and wondered how much worse it could get. She asserted residents living in HOAs pay money to the HOA to provide services such as a pool or clubhouse, and it was incomprehensible that any HOA would ask the City to purchase land, build, and maintain their clubhouse at taxpayer expense. She stated residents are being asked to foot the bill, so they have the right to know what happened to the insurance proceeds. She added that another community center was not needed. Mayor Gomez called for a recess at 9:28 p.m. Mayor Gomez called the meeting to order at 9:48 p.m. 33) LaToya Boyd, Shaker Village, Tamarac, clarified Shaker Village's requests within the Shared Use Agreement. She stated just like any other HOA, Shaker Village was requesting a specific time slot for reservation. She reviewed reservations at the City's existing reservations over the past nine (9) years and asserted the requests would have minimal impact. She commented on the importance of community connections and stated the community center would be a symbol of those shared connections. 34) Sanford Rothberg submitted a speaker card in opposition of the item. 35) Janelle Lena submitted a card in support. 36) Neil Goldberg, Kings Point, stated some inappropriate things had been said during the meeting. He noted he is a golfer and would never play a race card. He advised that he does not come to meetings often, because he believes the Commissioners have the best interest of the community at heart. He commented on the optics of an opinion piece about what this project would cost having been picked up by the Sun Sentinel. He discussed the costs outlined in the piece briefly and stated the Commissioners would need to defend that spending in the next election. Minutes September 13, 2023 — Regular Commission Meeting Page 13 37) Monique Bradford, Tamarac, stated she is a young resident of Tamarac, and her generation believes in inclusion and equality for all. She noted the comments provided highlight a divide between the east and west of the City. She referenced comments on Facebook and stated the disparity in spending between the districts leads to a lack of understanding of those facing challenges. She stated the community is stronger when it stands together and works for a brighter future for all. 38) Herbert Stein, Fairfax Condominiums, Tamarac, asserted that he is not for or against the Shaker Village project, but from a business aspect with concerns regarding the judicious use of money. He stated he is not supportive of the government taking care of problems for a non-profit corporation, and argued Shaker Village should build their own community center as they see fit. He noted the City could help with bus service to transport people from the east side of Tamarac to the existing community center. 39) JoAnn Mitty, Shaker Village, stated that in the face of unprecedented challenges in Tamarac and the world, it is important to remember we are all in this together. She asserted these are times for unity, compassion, and a collective effort to uplift one another. She asserted the situation faced by Shaker Village was caused by a few individuals and is not the fault of the entire community. She stated the sale was not a bail out, but a mutually beneficial arrangement that will benefit every resident of Tamarac. 40) Harriet Fried, Kings Point, Tamarac, stated she did not realize the City was so divided into east and west. She noted there is a phenomenal park to welcome young people, and her neighborhood is not just for seniors. She asserted this project is opening a Pandora's Box and allowing every community and association to ask for help. She stated the City cannot allow taxpayer money to go for this project. 41) Jodi Ann Reed, Tamarac, stated she spoke as a Board Member of Shaker Village, but also as someone who has dedicated time and energy to correcting the legacy of mismanagement that has plagued the community. She referenced comments from Commissioner Villalobos on social media related to Board members having liens on their properties, and asserted no Board members have outstanding liens. She asserted it is very disheartening when publicly elected officials spread misinformation online, and reminded residents they have the resources available to verify information with the City. She noted the spirit of community transcends personal attacks and is about overcoming challenges to create a brighter future for everyone. 42) Lynn Caggiano, Tamarac, advised that she was against the issue because it sets bad precedent to bail out one private community when there are other Minutes September 13, 2023 — Regular Commission Meeting Page 14 communities that lack the funds to repair their clubhouses, pools, and other needs. She stated the City does not have money to help every private community. Continuing, she noted she does not like the idea of a shared use agreement. She stated if a community center is needed on the east side of the City, it should be built so there is not shared use and the City has complete control over it. She highlighted that Vice Mayor Bolton lives in Shaker Village, and asserted it is a conflict of interest and he should recuse himself. 43) Tricia Somen, Central Park, Tamarac, asked that the Commission support the new community center at Shaker Village so the residents of the east side can have access to City services. She stated she sees loads of activities and sports on the City website, but they all happen west of University, so her family does not take advantage of them. 44) Pamela Bushnell, Mainlands I & II, stated she was a former Commissioner from District 1. She asserted in the past 15 years, no amenities have been given to the residents of Shaker Village. She noted there are tennis courts that are locked up and rotten, a pool that has not been used, and the clubhouse which met its demise in 2017. She stated she wonders where the money the people of Shaker Village had paid for amenities had gone and asked if they had questioned this. She argued Tamarac is one City, not east and west, and there are community centers available on University and Commercial which anyone can make use of. She stated it was ridiculous to say it was too far for east side residents to go, and highlighted public transportation options. 45) Nicholas Ramos, Tamarac, commented on the use of the term "bail outs" and stated Shaker Village was being compared to the banks being bailed out by the U.S. Government. He stated he was hearing a lot of hate and did not understand the division between east and west. He asked why the issue of trying to do something for the City was being spun as something personal. 46) Richard Levine, Granville, Tamarac, stated the most important thing about this evening is TEAM effort. He asked why the City should pay for the errors of past boards of Shaker Village. He asserted the City has always worked together, and asked where the property managers, insurance adjusters, and City officials were over the years while funds were being mismanaged and commented on fiduciary duty. He noted the City already owns land on the east side of Tamarac, and would get no return on its investment in this arrangement. He commented on rising costs and stated this was not the right thing to do at this time, as well as being unethical and a conflict of interest. 47) Roslyn Hennigan, Tamarac, applauded the strategy of having Attorney Myron E. Seigel speak first, and asserted it was worthy noting that there was a review on Google saying he was a fraud. She stated in contrast, the law firm that Minutes September 13, 2023 — Regular Commission Meeting Page 15 represents Shaker Village is the highest rated in South Florida. Continuing, she read negative reviews from Mayor Gomez's business page on Google, and stated she trusts the opinion of the firm hired by Shaker Village. 48) Larry Lerner, Kings Point, Tamarac, stated he is a Certified Public Accountant, and since he was a freshman in college it has been embedded in him that he has a fiduciary duty when doing work for a client, and must avoid the appearance of any impropriety. He stated a Commissioner residing in the community in question gives this appearance. He suggested a committee made of residents of the east and west should have been made to make recommendations as to what is needed, what is not needed, and what is cost effective and follows the fiduciary responsibility. He stated he had submitted a letter to the Office of the Inspector General and believed the City should conduct an investigation, as well, and to let the public have transparency. 49) Patrick Harris submitted a speaker card in support of the item. 50) Patti Lynn, Mainlands, Tamarac, stated she had lived in Tamarac for more than 20 years and did not realize there was an east and a west. She asserted the main issue here was brought forward by the attorney, and stated the City's attorney did not understand the basic rules of condominiums regarding common elements, and there was something wrong with the counsel being received. She stated Vice Mayor Bolton had tried to fund this project in other ways and has a vested interest. She asserted he should recuse himself and the remaining members of the Commission should find out what the law is for themselves. 51) Kadicia Clark submitted a speaker card in support of the item. 52) Mona Perlman, Kings Point, Tamarac, spoke about budgeting in her HOA. She stated most of the condominiums in the area are senior residences and asked whether the seniors living on fixed income had been considered. She noted she understood that Shaker Village previously had a poor board that did not represent them properly, but that should not be the fault of the seniors in Tamarac. She noted in other communities, they have had to save and budget. 53) Artnel Baldeo submitted a speaker card in support of the item. 54) Andrea Baldeo submitted a speaker card in support of the item. 55) Barbara Bick, Kings Point, Tamarac, stated she feels bad that this was not resolved when Shaker Village had their clubhouse demolished. She asserted they had a board with a responsibility to the owners and should have gotten contractors and permits. She noted Vice Mayor Bolton lives in Shaker Village, and asked what was preventing him from picking up the phone back then to determine whether anything was being done. She stated he ignored the problem, Minutes September 13, 2023 — Regular Commission Meeting Page 16 and now the Board has to take action. She highlighted a piece of land owned by the City on the east side and stated it would be more appropriate for parking and ambulance access than Shaker Village. 56) Maureen Kerr submitted a speaker card in support of the item. 57) Dr. Darcy Schiller, Kings Point, Tamarac, stated Shaker Village is their own property, and what they do on that property is their own business. She asserted should a community center be needed in the east, it should be built based on a survey of the community and of land. She stated she agrees a center may be needed but does not agree that it should be on private property. She argued that she faults City Attorney Ottinot completely for this deal. 58) Serita Golding submitted a speaker card in support of the item. 59) Ron Wasserman, 8577 Jade Drive, Tamarac, stated he has lived on the west side of Tamarac for a long time, and has finally made it to retirement. He asserted those who want this project had a HOA who let them down, and that does not mean the residents of the community do not want unity. He stated he had tried to be friendly with everyone on the Commission, but he is disappointed in his representation. 60) Marie Judy submitted a speaker card in support of the item. 61) David Lipson, Kings Point, stated to him, a clubhouse should be a clubhouse, not a community center. He asserted the HOA has more than enough money to rebuild what they need and added that Vice Mayor Bolton had a conflict. 62) Audrey Davis submitted a speaker card in support of the item. 63) Jennifer Sproul, Tamarac, stated she does not know how much of what was said was true and how much was not, but her taxes are crushing. She asserted she does not know how residents will handle it if the City adds on more and more expenses. She stated the HOA board let Shaker Village down and she is sorry, but they should get a loan and increase assessments to rebuild. She added that someone needed to start caring about the property taxes assessed. 64) Don Boyd submitted a speaker card in support of the item. 65) Bob Mundo, Woodmont, Tamarac, stated he previously lived on the east side of the community, and it does not take more than 10 minutes to get to the community center Tamarac already has. He asked if a proper hearing on the issue was being conducted, including inspections. He stated he was sorry the people of Shaker Village had elected bad board members, but the residents of the City had also made some errors in electing its Commissioners, and hopefully both situations would be corrected. He asserted waiving liens would represent a loss in addition to the cost of a community center. Minutes September 13, 2023 — Regular Commission Meeting Page 17 66) Carl Williams, Tamarac, stated he wanted to remind the residents of the City that renters cannot participate in community votes. He asserted Vice Mayor Bolton is a renter, therefore he would have no say in who sits on the board of the Shaker Village HOA and what decisions they make but is doing what he can to get rid of an eyesore in the community. He stated Mayor Gomez sits on the same board as the attorney suing Shaker Village, and Commissioner Villalobos previously sued an HOA. He argued when a Commissioner sues an HOA, it is the residents who suffer. He thanked Vice Mayor Bolton, Commissioner Wright, and Commissioner Daniel for their support. 67) Jackie Calawic submitted a speaker card in opposition of the item. 68) Mervin Bramwell, Tamarac, stated he is grateful the Country does not have the same chain of thought as those speaking against the community center. He asserted he believes in the power of community, and understands the well-being of one neighborhood can have a ripple effect on the entire City. He stated with this perspective, he supports the new community center. Continuing, he discussed statistics regarding the benefit of non-profit community organizations on crime rates and stated diversity is a source of strength. 69) Stewart Webster submitted a speaker card in opposition of the item. 70) Amarie White submitted a card in support. 71) Joey Blair submitted a speaker card in opposition of the item. 72) Elizabeth McPhearson submitted a card in support. 73) Edward Birch submitted a speaker card in opposition of the item. 74) Adaline Lynch submitted a card in support. 75) Darcy Burman submitted a speaker card in opposition of the item. 76) Lyla Peters submitted a card in support. 77) Iris Freedman submitted a speaker card in opposition of the item. 78) Gloria Street submitted a card in support. 79) Robert Alfonso submitted a speaker card in opposition of the item. 80) Sandra Walker submitted a card in support. 81) Andrew Lane submitted a speaker card in opposition of the item. 82) Margo Luxe -Cruz submitted a card in support. 83) Julia LaShore submitted a speaker card in opposition of the item. 84) Margie Adino submitted a card in support. Minutes September 13, 2023 — Regular Commission Meeting 85) Sarah Jean Rose submitted a speaker card in opposition of the item. 86) Beverly Plummer submitted a card in support. 87) Cat Gitler submitted a speaker card in opposition of the item. 88) Mel Gitler submitted a speaker card in opposition of the item. 89) Leroy Allwood submitted a card in support. 90) Jay Gittens submitted a speaker card in opposition of the item. 91) Tina Shawn submitted a card in support. 92) Michael King submitted a speaker card in opposition of the item. 93) Joy Hart submitted a card in support. 94) Kevin J. Cain submitted a speaker card in opposition of the item. 95) Elaine Peterskin submitted a card in support. 96) Howard Phillips submitted a speaker card in opposition of the item. 97) Elise White submitted a card in support. 98) Robert Carpenter submitted a speaker card in opposition of the item. 99) Sharon Bedasse submitted a card in support. 100) Keith A. Smith submitted a speaker card in opposition of the item. 101) Ricardo Bedasse submitted a card in support. 102) David Rose submitted a speaker card in opposition of the item. 103) Kristin Bedasse submitted a card in support. 104) Khalif Thompson submitted a card in support. 105) Julie Gonzales submitted a speaker card in opposition of the item. Page 18 106) Audrey Allen submitted a card in support. 107) Joseph Willem -Gardner submitted a speaker card in opposition of the item. 108) Jomalere Franco submitted a card in support. 109) Jay Babker submitted a speaker card in opposition of the item. 110) Armandine Camille submitted a card in support. 111) Donald Abrams submitted a speaker card in opposition of the item. 112) Richard Calder submitted a speaker card in opposition of the item. 113) Rita Edwards submitted a card in support. 114) Craig Dentiente submitted a speaker card in opposition of the item. Minutes September 13, 2023 — Regular Commission Meeting Page 19 115) Mark Mitchell submitted a card in support. 116) Kathy Ekus submitted a speaker card in opposition of the item. 117) Matthew Dinhaumer submitted a card in support. 118) April Calder submitted a speaker card in opposition of the item. 119) Carmen L. Ordano submitted a card in support. 120) Sharon Spring submitted a speaker card in opposition of the item. 121) Geraldo Joseph submitted a card in support. 122) Larry Flax submitted a speaker card in opposition of the item. 123) Audrey Livingstone submitted a card in support. 124) Sharon Bonner submitted a speaker card in opposition of the item. 125) Peter Shaheed submitted a card in support. 126) Helen Suraski submitted a speaker card in opposition of the item. 127) Sange Young submitted a card in support. 128) Sandra Safeman submitted a speaker card in opposition of the item. 129) Victoria Thomas submitted a card in support. 130) Ann Bailey submitted a speaker card in opposition of the item. 131) Patrick Robinson submitted a card in support. 132) Larry Bailey submitted a speaker card in opposition of the item. 133) Lorna Tomekas submitted a card in support. 134) Ann Less-Carmella submitted a speaker card in opposition of the item. 135) Camille Burke submitted a card in support. 136) Stuart Harris submitted a speaker card in opposition of the item. 137) Ronald Safeman submitted a speaker card in opposition of the item. 138) Randy Caplan submitted a speaker card in opposition of the item. 139) Bonnie Schultz submitted a speaker card in opposition of the item. 140) Efron Aroyo submitted a speaker card in opposition of the item. 141) Wesley F. Borner submitted a speaker card in opposition of the item. 142) William Phillipas submitted a speaker card in opposition of the item. 143) Lucy Seigel submitted a speaker card in opposition of the item. 144) Helen Bell submitted a speaker card in opposition of the item. Minutes September 13, 2023 — Regular Commission Meeting Page 20 145) Cliff Sietels submitted a speaker card in opposition of the item. 146) Doreen Seja submitted a speaker card in opposition of the item. 147) Marie English submitted a card in support. 148) Brenda Newfield submitted a speaker card in opposition of the item. 149) Hugh Howell submitted a speaker card in opposition of the item. 150) Shelby M. Peters submitted a speaker card in opposition of the item. 151) Barry Roeder submitted a speaker card in opposition of the item. 152) Vincent Giglio submitted a speaker card in opposition of the item. 153) Sue Rubek submitted a speaker card in opposition of the item. 154) Sherry Lewis submitted a speaker card in opposition of the item. 155) Fred R. Lewis submitted a speaker card in opposition of the item. 156) Honey Werman submitted a speaker card in opposition of the item. 157) Joyce Canter submitted a speaker card in opposition of the item. 158) Helen Siverson submitted a speaker card in opposition of the item. 159) Linda Finkelstein submitted a speaker card in opposition of the item. 160) Lynn Guberman submitted a speaker card in opposition of the item. 161) Bridgit Belamonde submitted a speaker card in opposition of the item. 162) Susan Warren submitted a speaker card in opposition of the item. 163) Nancy Caruso submitted a speaker card in opposition of the item. 164) Leslie Schuester submitted a speaker card in opposition of the item. 165) Marcia Fisher submitted a speaker card in opposition of the item. 166) Merline Innes submitted a speaker card in opposition of the item. 167) Cheryl Handsome submitted a speaker card in opposition of the item. 168) Reginald Handsome submitted a speaker card in opposition of the item. 169) Petal Morris submitted a speaker card in opposition of the item. 170) John Morris submitted a speaker card in opposition of the item. 171) Donna Kawalski submitted a speaker card in opposition of the item. 172) Susie Swisher submitted a speaker card in opposition of the item. 173) Sandy Cohen submitted a speaker card in opposition of the item. 174) Jacqueline Lerner submitted a speaker card in opposition of the item. Minutes September 13, 2023 — Regular Commission Meeting Page 21 175) Sandra Ostro submitted a speaker card in opposition of the item. 176) Paul Waxman submitted a speaker card in opposition of the item. 177) Carol Cohen submitted a speaker card in opposition of the item. 178) Ronnie Wernik submitted a speaker card in opposition of the item. 179) Sharon Rothbard submitted a speaker card in opposition of the item. 180) Arlene Winner submitted a speaker card in opposition of the item. 181) Joan Changs submitted a speaker card in opposition of the item. 182) Sonia Glass submitted a speaker card in opposition of the item. 183) Roslyn Schraeger submitted a speaker card in opposition of the item. 184) Corky Zeusner submitted a speaker card in opposition of the item. 185) Kate Geller submitted a speaker card in opposition of the item. 186) Gail Epstein submitted a speaker card in opposition of the item. 187) Joy Miller submitted a speaker card in opposition of the item. 188) Phyllis Glet submitted a speaker card in opposition of the item. 189) Rachelle Cohen submitted a speaker card in opposition of the item. 190) Judy Goodman submitted a speaker card in opposition of the item. 191) Toby Hoffman submitted a speaker card in opposition of the item. 192) Carol Brown submitted a speaker card in opposition of the item. 193) LaRowe Paul submitted a speaker card in opposition of the item. 194) Rose Meyer submitted a speaker card in opposition of the item. 195) Lyla Isaacs submitted a speaker card in opposition of the item. 196) Bertha Johnson submitted a speaker card in opposition of the item. 197) Kit Mang -Wong submitted a speaker card in opposition of the item. 198) Patricia Moore submitted a speaker card in opposition of the item. 199) John Moore submitted a speaker card in opposition of the item. 200) Steve Tertian submitted a speaker card in opposition of the item. 201) Marcella Tertian submitted a speaker card in opposition of the item. 202) Katherine Gladson submitted a speaker card in opposition of the item. 203) Morris Gladson submitted a speaker card in opposition of the item. 204) Corrin Linenberg submitted a speaker card in opposition of the item. Minutes September 13, 2023 — Regular Commission Meeting Page 22 205) Susan Abrams submitted a speaker card in opposition of the item. 206) Roberta Crantz submitted a speaker card in opposition of the item. 207) Marilyn Schneider submitted a speaker card in opposition of the item. 208) Jackie Etsel submitted a speaker card in opposition of the item. 209) Ava Flax submitted a speaker card in opposition of the item. 210) Kathy Stalwell submitted a speaker card in opposition of the item. 211) Ros Wopin submitted a speaker card in opposition of the item. 212) Evelyn Borat submitted a speaker card in opposition of the item. 213) Leonore Rosenthal submitted a speaker card in opposition of the item. 214) E. Loraine Jones submitted a speaker card in opposition of the item. 215) Terry Parrott submitted a speaker card in opposition of the item. 216) Willie Johnson submitted a speaker card in opposition of the item. 217) Evelyn Lenoff submitted a speaker card in opposition of the item. 218) Stuart Lenoff submitted a speaker card in opposition of the item. 219) Eileen Topper submitted a speaker card in opposition of the item. 220) Theta Gray submitted a speaker card in opposition of the item. 221) Rita Gonzales submitted a speaker card in opposition of the item. 222) Sophia Pollack submitted a speaker card in opposition of the item. 223) Diane Newburg submitted a speaker card in opposition of the item. 224) Marta Domineche submitted a speaker card in opposition of the item. 225) Leslie Nicole submitted a speaker card in opposition of the item. 226) Mr. A. Levine submitted a speaker card in opposition of the item. 227) Mrs. A. Levine submitted a speaker card in opposition of the item. 228) Rita Scott submitted a speaker card in opposition of the item. 229) Howard Kreitman submitted a speaker card in opposition of the item. 230) Linda Kreitman submitted a speaker card in opposition of the item. 231) Steven Scott submitted a speaker card in opposition of the item. 232) Sandra Harris submitted a speaker card in opposition of the item. 233) Mary Kawalski submitted a speaker card in opposition of the item. 234) Monica Morgan submitted a speaker card in opposition of the item. Minutes September 13, 2023 — Regular Commission Meeting Page 23 235) Evelyn Stark submitted a speaker card in opposition of the item. 236) Helene Morris submitted a speaker card in opposition of the item. 237) Ronnie Zelan submitted a speaker card in opposition of the item. 238) Delene Morris submitted a speaker card in opposition of the item. 239) Charmaine Sax submitted a speaker card in opposition of the item. 240) Diane Libaty submitted a speaker card in opposition of the item. 241) Ethyn Dehanie submitted a speaker card in opposition of the item. 242) Olivia McEshman submitted a speaker card in opposition of the item. 243) Patricia Fox submitted a speaker card in opposition of the item. 244) Jerry Cross submitted a speaker card in opposition of the item. 245) Sandra Hill submitted a speaker card in opposition of the item. 246) Olivia Lopez-Latimir submitted a speaker card in opposition of the item. 247) William Miller submitted a speaker card in opposition of the item. 248) Judy Jagoda submitted a speaker card in opposition of the item. 249) Marvin Kileke submitted a speaker card in opposition of the item. 250) George Hawkenman submitted a speaker card in opposition of the item. 251) Douglas Stout submitted a speaker card in opposition of the item. 252) Karen Long submitted a speaker card in opposition of the item. 253) Lorna James submitted a card in support. Mayor Gomez closed the public hearing. City Attorney Ottinot noted the need to extend the meeting beyond 11:30 p.m. Moved by Commissioner Villalobos; seconded by Commissioner Wright to extend the meeting until the matter is finished. Motion Approved: 5-0. Voting For: Mayor Gomez, Vice Mayor Bolton, Commissioner Daniel, Commissioner Wright, and Commissioner Villalobos. Voting Against: None. Mayor Gomez noted City staff was available to answer questions, as a presentation had been made on first reading. Commissioner Villalobos stated race and unity should not be brought up on this issue and referenced the City's census. He responded to comments made by the public, including his lawsuit against an HOA, ownership of the church where Vice Minutes September 13, 2023 — Regular Commission Meeting Page 24 Mayor Bolton is pastor, the definition of a bail out, parking spaces at the community center, liens against the owners in Shaker Village, and use of insurance funds. Commissioner Villalobos welcomed the Shaker Village HOA Board members present, and said it was a shame the entire board was not at the meeting. He stated he had requested evidence that the Board members were certified to serve, and none had provided the information. He asserted that as a result, the Board did not have the authority to enter into a contract or hire an attorney. Continuing, Commissioner Villalobos stated the Board owns five (5) properties valued at a total of $1.5 million and they should be selling units to put funds into their infrastructure. He discussed potential discrepancies in the number of units in the HOA and in the HOA budget. He asked how the additional infrastructure needs would be funded and stated this was ridiculous. Mayor Gomez called for a recess at 11:30 p.m. Mayor Gomez called the meeting to order at 11:45 p.m. Mayor Gomez stated there were a lot of complicated aspects of this item, and noted it was a shame it had not stayed an open conversation between the members of Shaker Village and the Commission together. She asserted the lawsuit filed was an issue of making sure everyone's voices are heard, and to make sure the process goes through properly for everyone. Mayor Gomez asked counsel whether the City had formally provided the seller with title notice. City Attorney Ottinot confirmed that he had. He added that earlier in the day he had obtained a copy of the lawsuit and forwarded it to the attorney for Shaker Village to make him aware of it. He noted a title defect letter had gone out approximately a week ago to give the seller an opportunity to resolve them. Mayor Gomez asked that counsel outline the title issues included in the letter. City Attorney Ottinot explained there was a recreational lease which needs to be partially terminated, they need to confirm that the Board has authority to sell the property without a vote of the unit owners, and there was an issue related to access to a boat dock. Mayor Gomez inquired as to whether there had been a response from the attorney regarding those items. City Attorney Ottinot explained the attorney had requested an extension of the due diligence period for 90 days to address the lawsuit. Mayor Gomez stated in the proforma previously provided, there were exceptions listed to include the interest of the McManus family. City Attorney Ottinot explained that when the Commission approved the Purchase and Sale Agreement at the July meeting, it was specifically laid out that the purchase would be made Minutes September 13, 2023 — Regular Commission Meeting Page 25 subject to that interest. He stated staff believes the City is in a better position to resolve the title interest than the HOA. Mayor Gomez highlighted the waivers which make the clubhouse a common element and asked how the owners' interests would be terminated as outlined in the requirements section to provide clear title. City Attorney Ottinot responded that the attorney for Shaker Village had indicated he would be able to resolve the issue. Mayor Gomez stated the City no longer has proforma title commitment, as the agent received notice the insurance company canceled. She continued to review the exceptions identified in the documents and asked whether they were included in the list of title objections. City Attorney Ottinot stated he believed it was and added that he would provide the Commissioners with a copy of the letter and response. Continuing, Mayor Gomez asked counsel whether he had previously stated that it was his position the City would not be able to find another title insurance company with a lawsuit pending. City Attorney Ottinot stated he had indicated at the workshop on September 12 that because of the threat of a lawsuit, the title insurance company will not insure. Mayor Gomez advised there are several things which are not resolvable by the timeframe provided. City Attorney Ottinot stated like any real estate contract, timeframes can be extended due to circumstances. He noted he was recommending an extension of the due diligence by 90 days, and if Shaker Village is unable to resolve the items during that time, the City has a right to terminate with no liability on either parry. Mayor Gomez asked that counsel ensure the Shaker Village attorney is aware of all title issues, not just the lawsuit, in writing. Vice Mayor Bolton stated he wanted to correct the record regarding the discussion of Shaker Village. He noted Shaker Village was discussed on the public record on June 19, June 26, and September 13, 2019, January 25, 2021, and January 10, 2022, as part of the East Side Parks Feasibility Study, June 16, 2022, and June 22, 2022. He asserted that through all of those meetings, this Commission and previous Commissioners supported Shaker Village and did not ask any of the questions being asked at this time. Commissioner Villalobos asked whether these were meetings held at Shaker Village where only Vice Mayor Bolton was present, or if it was discussed in a Workshop or Regular Commission Meeting. Vice Mayor Bolton advised this was a question best answered by the City Clerk. Minutes September 13, 2023 — Regular Commission Meeting Page 26 City Clerk Dillon stated she would have to review the record to confirm the answer to the question. Mayor Gomez asked that the full Commission be provided with a list of the dates, types of meetings, and subjects of discussion. Vice Mayor Bolton read his email exchange with City Clerk Dillon for the record. He asserted the only time Shaker Village was not supported by all members of the Commission was in 2023, after 13th Floor made a voluntary proffer to place Shaker Village as one of its beneficiaries. He asserted Tamarac needs to ask whether Mayor Gomez is only fighting against the project because there are private funds available to pay for the clubhouse, which would become a community center. Commissioner Wright asked whether the lawsuit would prolong the closing time. City Attorney Ottinot stated if the Commission gives the City Manager and City Attorney authority to extend the due diligence period, it would automatically extend the closing date, as the date is 30 days after the expiration of the due diligence period. Commissioner Wright asked counsel to review the changes made between the Commission Workshop on September 12 and this meeting. City Attorney Ottinot reviewed the changes. Commissioner Wright asked for clarification on the liens discussed. George Folles, Chief Building Official, stated there are no liens on the specific property the City is purchasing, but there are common area liens totaling $12 million. Commissioner Wright asked whether the City would lose its deposit if the lawsuit were to proceed. City Attorney Ottinot stated the City has an absolute right to terminate the contract. Mayor Gomez clarified that the motion before the Commission was for the Shared Use Agreement with the City amendments. She confirmed the effective date had been changed to the time of closing. City Attorney Ottinot stated he would make the change. Mayor Gomez noted the words "without review of title or opinion of title" had been removed. City Attorney Ottinot stated the attorney for Shaker Village had reviewed the title and agreed to the changes. Motion Approved: 3-2. Voting For: Vice Mayor Bolton, Commissioner Daniel, and Commissioner Wright. Voting Against: Mayor Gomez and Commissioner Villalobos. City Attorney Ottinot outlined the request to give authority to the City Manager and City Attorney to extend the due diligence period to allow for resolution of the litigation and other title defects outstanding. Discussion ensued as to the language of the motion and the amount of time needed. Minutes September 13, 2023 — Regular Commission Meeting Page 27 Vice Mayor Bolton inquired as to what happens if the lawsuit is not resolved in the 90 days. Consensus was that the issue would be brought back to the Commission for discussion. Vice Mayor Bolton asked whether Shaker Village going out for a vote of its membership during the 90 days would result in moving forward to closing. City Attorney Ottinot advised that if the HOA were to meet the requirement, it would in essence negate the lawsuit and resolve that issue. Discussion continued. Commissioner Villalobos asserted votes of the HOA require certain timeframes which would need to be considered. Mayor Gomez highlighted issues with opining about the disposition of a lawsuit. Discussion continued. Moved by Vice Mayor Bolton; seconded by Commissioner Villalobos to extend the due diligence period for 90 days from September 26, 2023, to allow Shaker Village to resolve all outstanding title defects, followed by 14 business days thereafter for buyer's (City Commission) due diligence and then should the Commission decide to proceed, 30 days to close. Motion Approved: 5-0. Voting For: Mayor Gomez, Vice Mayor Bolton, Commissioner Daniel, Commissioner Wright, and Commissioner Villalobos. Voting Against: None. 10. OTHER ADJOURNMENT There being nothing further to discuss, Mayor Gomez adjourned the meeting at 12:41 a.m. Minutes transcribed by Crysta Parkinson, Prototype, Inc. and submitted by Kimberly Dillon, City Clerk. d CPC imberly Dillon, City Clerk Michelle J. Gomez, Mayor Minutes September 13, 2023 — Regular Commission Meeting Page 28 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, September 13, 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 note 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.