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
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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.
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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
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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
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September 13, 2023 — Regular Commission Meeting
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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
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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.
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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.
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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.
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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.
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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.
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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
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September 13, 2023 — Regular Commission Meeting
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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.
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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
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September 13, 2023 — Regular Commission Meeting
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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
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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,
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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
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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.
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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.
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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.