HomeMy WebLinkAbout2023-11-08 - City Commission Regular Meeting MinutesREGULAR CITY COMMISSION MEETING MINUTES
WEDNESDAY, NOVEMBER 8, 2023
7:00 PM
COMMISSION CHAMBERS
CALL TO ORDER
Mayor Michelle J. Gomez called the Wednesday, November 8, 2023, City Commission meeting,
being held in Commission Chambers, to order at 7:00 p.m.
ROLL CALL
Present were Mayor Michelle J. Gomez, Vice Mayor Marlon D. Bolton, Commissioner Kicia
Daniel, Commissioner Morey Wright Jr., and Commissioner Elvin Villalobos.
Also present were City Manager Levent Sucuoglu, Assistant City Manager Maxine Calloway, City
Attorney Hans Ottinot, and City Clerk Kimberly Dillon.
PLEDGE OF ALLEGIANCE
Commissioner Morey Jright Jr. led the Pledge of Allegiance and moment of silence.
1. CITY ATTORNEY REPORT
City Attorney Ottinot had no report.
2. CITY MANAGER REPORT
2.a. Presentation by Dr. Jeff Holness, Broward County School Board Member,
District 5
Dr. Jeff Holness made a presentation which is on file in the City Clerk's Office.
2.b. Investment Report
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) William Goffernet, 5106 Bayberry Lane, Tamarac, distributed a document to the dais.
He shared concerns regarding arsenic at Winter Park and stated the Woodlands project
was not good stewardship of the environment.
City Attorney Ottinot stated the City was not a parry in the case which was referenced
in the document distributed. He noted he would review the document.
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November 8, 2023 — Regular Commission Meeting
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2) Darcy Schillinger, Kings Point, read a quote from Albert Einstein regarding doing the
same thing over and again and expecting different results. She referred to an increase
to the Initiative Funds and stated she hoped purchase orders and receipts would be
required. She highlighted a recent District 3 event and stated it had been a disaster and
encouraged cultural sensitivity. She thanked the Commission for getting Life Ring into
Tamarac and for the vote overview provided on social media.
3) Robert Alphonso, Tamarac, stated he had read the OIG report and discussed the use of
travel funds without providing receipts. He asserted this was corruption and the
Commission was corrupt.
4) Patti Lynn, Mainlands 8, stated there must be a generational gap, because people used
to run for office to serve their communities, and she did not think that was happening
anymore. She asserted residents are struggling to survive, especially those on fixed
income, and meanwhile the Commission was collecting a car allowance and increasing
the Enterprise Fund during an election year.
5) Jodi Ann Reed, Shaker Village, Tamarac, asserted Shaker Village residents speaking
at the October 11 meeting had spoken up to correct the record and despite not raising
the voices or being disrespectful, they had been interrupted and met with
microaggressions. She stated there was a consistent insinuation that the Shaker Village
residents were not intelligent enough to speak for themselves, yet no one had
questioned the more than 150 residents provided with busses to speak in opposition.
She asserted the Shaker Village residents had been caught up in politics that had
nothing to do with them and urged the Commissioners to address barriers to
participation.
6) Nadine Gordon, Shaker Village, Tamarac, discussed comments previously made from
the dais in reference to the Shaker Village budget, insurance, and zoning. She stated it
was important to set the record straight, and noted the Board was perplexed by personal
attacks against them. She asserted the residents of Tamarac should reject rhetoric and
come together as a community, as it is in their shared interest to build a more cohesive
community and foster unity and understanding.
7) Errol Heron, Tamarac, stated residents had questioned the appropriateness of Vice
Mayor Bolton participating in the Shaker Village issue due to his residence in that
community. He asserted a more clear conflict of interest was the professional
connection between the attorney behind the Shaker Village lawsuit and Mayor Gomez.
He discussed emails sent to Mayor Gomez by the attorney and questioned the
appropriateness of her engagement in the lawsuit. He asked the Commission to support
the Shaker Village project.
8) Barbara Watkins, Woodlands, Tamarac, thanked Mayor Gomez for her assistance, as
the lights she had previously complained about are now working. She stated she is
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November 8, 2023 — Regular Commission Meeting
ashamed of the condition on Rock Island, and while she had contacted the management
company, she was getting unclear responses as to whose responsibility it was to put the
road back in the condition it was in 20 years ago.
9) Janelle Lena, Tamarac, stated she had spoken at the September 13 regarding the
responsibility to treat everyone on the Commission with respect regardless of their
backgrounds. She asserted the injustices continued, citing examples where residents
were allowed to speak directly to some Commissioners and not others. She asked that
they strive for a community where everyone's voice is heard and valued.
10) Latoya Boyd, Tamarac, discussed comments made by Commissioner Villalobos
regarding property owned by the Shaker Village Homeowners Association. She stated
it was crucial to understand that a third party cannot sell a property without settling the
outstanding mortgages and liens. She asserted the community was being misled and
asked that there be fairness in the treatment of residents of Shaker Village.
11) Dr. Kate Johnson, Mainlands 4, Tamarac, stated the residents of Shaker Village say
they want one Tamarac while spewing vitriol and creating division. She asserted Shaker
Village owns condominiums, and mortgages and liens are paid at sale, not in advance,
so the argument against selling them was a red herring. She stated it was good that a
new board was in place at Shaker Village, but those residents should have held their
previous board accountable instead of using tax dollars to fix the problem. She argued
the issue was not east versus west or about race, but residents did not want their money
used for a private community. She discussed fines and liens on the property.
4. CONSENT AGENDA
City Manager Sucuoglu requested to pull item 5b from the agenda at the request of the
petitioner.
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 Villalobos, and Commissioner Wright. Voting Against: None.
4.a. Approval of the September 27, 2023, Regular Commission Meeting Minutes.
4.b. Approval of the October 9, 2023, City Commission Workshop Meeting Minutes.
4.c. Approval of the October 11, 2023, Regular Commission Meeting Minutes.
4.d. TR14002 - A Resolution of the City Commission of the City of Tamarac, Florida,
authorizing the adoption and implementation of the Job Classification and
Compensation Plan prepared by Human Resources Compensation Consultants,
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November 8, 2023 — Regular Commission Meeting
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LLC ("HRCC"); providing for conflicts; providing for severability; and
providing for an effective date.
4.e. TR14018 - A Resolution of the City Commission of the city of Tamarac, Florida,
awarding Bid No. 23-39B to and approving an Agreement with Shenandoah
General Construction, LLC for Citywide Stormwater Culvert Cleaning,
Inspection, and Repair; authorizing an expenditure from the appropriate
accounts not to exceed the approved budget annually, or as may be amended by
City Commission, for said purpose; effective upon approval through December
12, 2026; authorizing proper City Officials to execute Contract renewals;
providing for conflicts; providing for severability; and providing for an effective
date.
4.f. TR14023 - A Resolution of the City Commission of the City of Tamarac, Florida,
designating Hydra Service, Inc., as a sole source provider for pumps and
appurtenances utilized at sixty-five (65) city wastewater pump stations, and to
authorize expenditures for the purchase of pumps and appurtenances from Hydra
Service, Inc., for an amount not to exceed the annual budget for said purpose for
a period of twenty-four (24) months; authorizing an annual expenditure from the
appropriate accounts not to exceed the annual budget for said purpose; providing
for conflicts; providing for severability; and providing for an effective date.
4.g. TR13968 - A Resolution of the City Commission of the City of Tamarac, Florida,
approving and authorizing the appropriate City Officials to execute the
Reinstatement and Second Amendment to the Communications Site Lease
Agreement with T-Mobile South LLC, extending the lease term and reducing the
annual lease escalation for the cell tower site located at 7801 NW 61st Street in
Tamarac, FL; providing for conflicts; providing for scrivener errors providing
for severability; and providing for an effective date.
4.h. TR14028 - A Resolution of the City Commission of the City of Tamarac, Florida,
adopting revisions to the existing Traffic Calming Policy; providing for conflicts;
providing for severability; and providing for an effective date.
5. ORDINANCE(S) — FIRST READING
5.a. TO2544 - An Ordinance of the City Commission of the City of Tamarac, Florida
granting a one year extension, nunc pro tune to March 9, 2024, by approval of the
first amendment to the amended and restated development agreement, attached
hereto as Exhibit "A", between the City of Tamarac, Pulte Home Corporation
("Pulte"), and Woodmont Country Club, Inc., for the development of property
located within the Woodmont plat, as recorded in Plat Book 88, page 20, of the
public records of Broward County, Florida, , and authorizing the appropriate
City Officials to do all things necessary to effectuate the intent of this ordinance;
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providing for codification; providing for conflicts; providing for severability; and
providing for an effective date.
City Attorney Ottinot read the title for the record.
Moved by Vice Mayor Bolton; seconded by Commissioner Villalobos to approve
Ordinance T02544 on first reading.
There were no presentations and no discussion on the item by the Commission.
Voting For: Mayor Gomez, Vice Mayor Bolton, Commissioner Daniel,
Commissioner Villalobos, and Commissioner Wright. Voting Against: None.
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Item 5b was pulled from the agenda.
6. ORDINANCE(S) — SECOND READING
6.a. T02540 - An Ordinance of the City Commission of the City of Tamarac, Florida,
awarding a towing services franchise agreement to D&G Towing & Recovery,
LLC through July 31, 2027 including an option to renew for one additional five
(5) year period and providing for month to month extensions as required;
authorizing the collection of an administrative fee of 25% of the maximum towing
rates to cover the City's cost pursuant to the requirements of Section 323.002(4),
Florida Statutes; in accordance with the maximum towing rates as established
under the Broward County Administrative Code part IX, chapter 40.50;
authorizing the appropriate City Officials to execute the agreement providing for
conflicts; providing for severability; and providing for an effective date.
City Attorney Ottinot read the title for the record.
Moved by Vice Mayor Bolton; seconded by Commissioner Villalobos to adopt
Ordinance T02540.
Mayor Gomez opened the floor for comments from the public, however there being
no one to speak, closed public participation.
Mayor Gomez stated she had shared extensive comments at the first reading, and,
she hoped that in the future the City would put out bids that were clear.
Motion Approved: 4-1.
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Voting For: Vice Mayor Bolton, Commissioner Daniel, Commissioner Villalobos,
and Commissioner Wright. Voting Against: Mayor Gomez.
6.b. T02539 - An Ordinance of the City Commission of the City of Tamarac, Florida,
adopting the Second (2nd) Budget Amendment to the City of Tamarac operating
budget, revenues and expenditures, the capital budget, and the financial policies
for the Fiscal Year 2023, by increasing the total revenues and expenditures by a
total of $4,596,514 as detailed in Attachment "A" attached hereto and
summarized in Attachment "B" attached hereto and incorporated herein;
providing that the 2nd Amendment is being adopted in the same manner as the
original budget and serves as the new adopted budget: providing for conflicts;
providing for severability; and providing for an effective date.
City Attorney Ottinot read the title for the record.
Moved by Vice Mayor Bolton; seconded by Commissioner Villalobos to adopt
Ordinance T02539.
Mayor Gomez opened a public hearing.
Dr. Kate Johnson, Mainlands 4, asked whether an inability to manage the budget
was the reason the amendment was required and asserted each Commissioner has
a responsibility to do their due diligence before making unwise decisions. She
discussed potential improvements and stated if it truly for public use, people won't
mind going down the road for a splashpad. She commented on the estimates for a
community center in Sabal Palms and the Initiative Fund.
Mayor Gomez closed the public hearing.
Vice Mayor Bolton asked staff to identify the departments positively or negatively
affected by the budget amendment. Christine Cajuste, Director of Financial
Services, reviewed the changes. She stated the General Fund had an increase to
legal fees, and most other amendments were non -departmental.
Vice Mayor Bolton asked about Ms. Cajuste's background working for other cities,
experience with budget amendments, and affiliation with professional
organizations. Director of Financial Services Cajuste responded briefly. She
explained budget amendments are necessary to ensure all dollars are appropriated
and to comply with State regulations.
Vice Mayor Bolton asked Assistant City Manager and Community Development
Director Maxine Calloway about her experience with budget amendments in other
cities she had worked for and about the legalities of the process. Assistant City
Manager Calloway stated her experience was consistent with the way the current
budget amendment was being processed and was consistent with Florida Statute.
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November 8, 2023 — Regular Commission Meeting
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Vice Mayor Bolton asked staff to explain discussions regarding $20,000 at the
Commission Workshop held on November 6. Director of Financial Services
Cajuste explained the Initiative Fund and travel allowance briefly.
Motion Approved: 5-0.
Voting For: Mayor Gomez, Vice Mayor Bolton, Commissioner Daniel,
Commissioner Villalobos, and Commissioner Wright. Voting Against: None.
6.c. T02543 - An Ordinance of the City Commission of the City of Tamarac, Florida,
amending Chapter 10 of the City of Tamarac Code of Ordinances, entitled "Land
Development Code" amending Article 2, entitled "Zoning Districts" amending
Section 10-10-2.7(C), entitled "Woodlands Overlay District", by specifically
amending Subsection 10- 2.7 (C)(4) entitled "General Maintenance Standards" to
remove certain restrictions on fences; providing for codification; providing for
conflicts; providing for severability; and providing for an effective date.
City Attorney Ottinot read the title for the record.
Moved by Vice Mayor Bolton; seconded by Commissioner Daniel to adopt
Ordinance T02543.
Mayor Gomez opened a public hearing.
Jeffrey Shapiro, 6104 Orchard Tree Lane, stated he spoke as an individual and not
as a member of the Master Association in sharing that he believes this to be a
positive change.
Mayor Gomez closed the public hearing.
Motion Approved: 4-1.
Voting For: Mayor Gomez, Vice Mayor Bolton, Commissioner Daniel, and
Commissioner Villalobos. Voting Against: Commissioner Wright.
Item 8a was heard prior to item 6d.
6.d. T02488 - An Ordinance of the City Commission of the City of Tamarac, Florida,
providing notice of intent to approve a development agreement between
Woodlands Club Holdings, LLLP and the City of Tamarac, for the development
of a maximum of 335 single family dwelling units, not to exceed 30 ft. in height,
located within residential pods, developed at a maximum density of 2.4 dwelling
units per gross acre; a new clubhouse and amenity campus, not to exceed 60 ft. In
height, located within the recreation pod; and accessory commercial uses
incidental to the single family dwelling units; and a minimum of 160 acres of open
space, for the development of property known as "the woodlands" bounded by
West Commercial Boulevard to the north, Rock Island Road to the east, NW 64
Avenue to the west, and NW 44 Street to the south; as more fully described in the
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Development Agreement attached hereto as Exhibit "A"; authorizing the
appropriate city officials to do all things necessary to effectuate the intent of this
ordinance; providing for conflicts; providing for severability; and providing for
an effective date.
City Attorney Ottinot read the title for the record.
Moved by Vice Mayor Bolton; seconded by Commissioner Villalobos to approve
Ordinance TO2488.
Mayor Gomez disclosed that should anything which would come up during the item
be of benefit to the owners in the Woodlands, she does own two (2) properties
within the Woodlands and waives any direct benefit to herself or a family member.
Vice Mayor Bolton asked counsel whether a conflict with any item within the
presentation would represent a conflict for the entire item and require Mayor
Gomez to abstain. City Attorney advised that Mayor Gomez does not have a legal
conflict with the item and was offering a voluntary proffer.
Attorney Scott Backman, Dunay, Miskel, and Backman, LLP, requested to
combine the presentations for Item 6d and Item 9a, as they were related. Discussion
ensued, and it was determined Mr. Backman would make both presentations, but
Item 9a would not be discussed until the quasi-judicial hearing.
Attorney Scott Backman, Dunay, Miskel, and Backman, LLP, was sworn in and
made a presentation which is on file in the City Clerk's Office.
Mayor Gomez called for a recess at 9:22 p.m.
Mayor Gomez called the meeting to order at 9:48 p.m.
Mayor Gomez opened a public hearing.
1) William Goffernet, 5106 Bayberry Lane, Tamarac, stated the applicant had made a
good presentation, but it did not address how they plan to mitigate the arsenic.
City Attorney Ottinot clarified this question should be asked during discussion of
the Site Plan.
Mr. Goffernet asked whether community development bond would be used, and
asked how much the developer was going out of pocket.
City Attorney Ottinot explained this was a self -financed development, and the City
was not financing the project.
2) Jeffrey Shapiro, 6104 Orchard Tree Lane, Tamarac, asked who Woodlands
Development Holdings, LLP was, as 13'h Floor was making the presentation. He
inquired as to whether the existing owner, Club Link, had set up the holding
company.
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Page 9
3) Patti Fox, Woodlands, Tamarac, voiced her support for 13"' Floor. She stated the
way they had been working with the residents and the project is phenomenal. She
asserted the project should move forward and help to reestablish the Woodlands.
4) Walt Sawirka, Woodlands, Tamarac, stated he had bought his property with the
understanding that the development was coming and had supported 13' Floor since
day one. He asserted they are a good builder that has bent over backwards to make
the Woodlands and the City a better place.
5) Jim McDaniel, Royal Poinciana Lane, Tamarac, expressed his support for the
developer and the redevelopment project.
6) Gail Bouie, Lauderhill, stated she is the President of the Cypress Hollow
Homeowners Association west of the project. She explained the residents of her
community and the Forest Lake community are vehemently opposed to an entrance
to the Woodlands being created on 64't' Avenue to accommodate travel to and from
Commercial Boulevard.
City Attorney Ottinot clarified this question should be asked during discussion of
the Site Plan.
7) Duncan Westrock, Bayberry Lane, Tamarac, stated he was very much in support of
the development and thought property values would go through the roof. He
asserted it would make the neighborhood look that much better.
8) Wayne Hockron, Mango Circle, Tamarac, noted there are many people opposed to
this development, but they are wrong. He stated he wants to see the value of his
home go up, so he hopes the Commission will approve the project. He asserted
Mayor Gomez is entitled to increase her value when they increase the value of the
Woodlands. He stated this is two (2) dead golf courses.
9) Dr. Kate Johnson, Mainlands 4, Tamarac, stated she had nothing against this
project. She asserted the requirements being placed on the developers were not
good business. She referenced Assistant City Manager Calloway's presentation at
the November 6 Commission Workshop and stated the funds for a community
center should be used in Sabal Palm, not Shaker Village. She asked who had chosen
the charities the developer was to donate to, and asserted special interests were
involved and the money could be used differently.
10) Ilene Lieberman Michaelson, 4809 Woodlands Boulevard, advised she agreed with
staff that the Development Agreement was the most important part of the proposal,
because it was the tool for keeping the developer to its promises. She stated the
presentation, Development Agreement, and Site Plan did not match on several
subjects, including the pocket parks, exercise stations,
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Page 10
11) Barry Bleidt, 5007 North Travelers Palm Lane, Tamarac, stated when he first heard
of the development, he was opposed, but as time went on, he had become strongly
in favor. He stated the developer had listened, and he would appreciate a yes vote.
12) Bob Wood, Woodlands, Tamarac, stated 13`h Floor had made the residents very
comfortable and would do a fine job.
13) Karen Wood, Woodlands, Tamarac, stated she approves of this development and is
excited for it to start.
14) Josh Boudreau, 5712 Coco Palm Drive, Tamarac, expressed his support of the 13t`
Floor project. He stated the Woodlands needs a makeover and he will be happy
when it gets started. He noted he is also concerned with wildlife and was glad it
was being addressed.
Mayor Gomez closed the public hearing.
Commissioner Wright stated he was not in support of the development. He noted
he had met with the applicants and shared some of the issues he heard in the
community, and some had been addressed.
Vice Mayor Bolton asked that the Commission be sworn in to address the quasi-
judicial item, as well, so they do not run afoul of the requirements. City Attorney
Ottinot explained that to speak on both items, they would need to introduce Item 9a
and give the applicant due process. Discussion continued and the applicant advised
that they had no objection to opening both items.
The remainder of Item 6d was heard in conjunction with Item 9a.
Item 7a was heard following Item 9a.
7. REGULAR AGENDA
7.a. TR14026 - A Resolution of the City Commission of the City of Tamarac, Florida,
authorizing the appropriate City Officials to execute a locally funded agreement
between the State of Florida Department of Transportation (FDOT) and the City
of Tamarac, attached hereto as Exhibit "1", and incorporated herein; to provide
financial assistance in the amount of One Hundred Fourteen Thousand Nine
Hundred Sixty Four Dollars and no cents ($114,964.00), in connection with
FDOT'S construction of an adaptive traffic signal control system and associated
upgrades along SR870/Commercial Boulevard from Rock Island Road to
SR5/US-1 in Broward County, Florida; Project # FM no. 441944-1-52-01; funded
in Fiscal Year 2023/2024; providing for conflicts; providing for severability; and
providing for an effective date.
City Attorney Ottinot read the title for the record.
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Moved by Commissioner Villalobos; seconded by Mayor Gomez to approve
Resolution TR14026 as presented.
Mayor Gomez opened the floor to comments from the public, however there being
no one to speak, closed public participation.
Motion Approved: 4-1.
Voting For: Mayor Gomez, Commissioner Daniel, Commissioner Villalobos, and
Commissioner Wright. Voting Against: Vice Mayor Bolton.
8. PUBLIC HEARING(S)
8.a. T02541 - An Ordinance of the City Commission of the City of Tamarac, Florida,
adopting a large 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 163.3184 of the Florida State Statutes, for said lands situated,
lying, and being in Broward County, Florida, and located at or bounded by west
Commercial Boulevard to the north, Rock Island Road to the east, NW 64 Avenue
to the.west and NW 44 Street to the south, and more particularly described in the
legal description shown in Exhibit "A" attached hereto, to change the future land
use designation of approximately 109.93 gross acres of land within the former
Woodlands Country Club golf course from "Commercial Recreation" to
"Recreation" to facilitate the reservation of land for community recreation and
open space and satisfy condition La of Broward County Land Use Plan
Amendment PC20-2 to provide consistency with the Broward County Adopted
Future Land Use Plan Map in accordance with the intent of the comprehensive
plan of the City of Tamarac; (Case No. 3-LUA-23) authorizing transmittal of the
large scale land use map amendment to the Department Of Economic
Opportunity and the appropriate reviewing agencies and the Broward County
Planning Council for review, approval and recertification of the City of Tamarac
Future Land Use Map; providing for amendment to the land use plan to reflect
such change; providing for conflicts; providing for severability; and providing for
an effective date.
City Attorney Ottinot read the title for the record.
Moved by Mayor Gomez; seconded by Vice Mayor Bolton to approve Ordinance
T02541 on first reading.
Attorney Scott Backman, Dunay, Miskel, and Backman, LLP, made a presentation
which is on file in the City Clerk's Office.
Mayor Gomez opened a public hearing.
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November 8, 2023 — Regular Commission Meeting
Page 12
Ilene Lieberman Michaelson, 4809 Woodlands Boulevard, stated she supports the
change to Recreation from Commercial Recreation, as the Land Use Plan
Amendment was already approved, and this will restrict uses.
Mayor Gomez closed the public hearing.
Vice Mayor Bolton asked which pieces of the golf course property were being
transitioned. Mr. Backman pointed to the areas on the map that would be
Recreation. He noted this was one of many layers of protection being put in place.
Vice Mayor Bolton asked about a small section which would remain Commercial
Recreation. Mr. Backman explained that piece was not under contract for sale to
13th Floor, remains owned by Club Link, and is not part of any application.
Motion Approved: 5-0.
Voting For: Mayor Gomez, Vice Mayor Bolton, Commissioner Daniel,
Commissioner Villalobos, and Commissioner Wright. Voting Against: None.
9. QUASI-JUDICIAL HEARING(S)
9.a. TR14013 - A Resolution of the City Commission of the City of Tamarac, Florida,
granting site plan approval (major) with conditions to allow for the development
of the subject property, formerly known as the Woodlands Golf Course, to permit
the construction of three hundred thirty-five (335) single family homes in nine (9)
separate pods for properties located south of W Commercial Boulevard, North of
NW 44 Street, East of NW 64 Avenue, and West of Rock Island road, situated on
various portions of the former "Woodlands Golf Course", Tamarac, Florida (Case
No. 14-SP-19); providing for conflicts; providing for severability; and providing
for an effective date.
City Attorney Ottinot outlined the City's procedures regarding Quasi -Judicial
proceedings. He confirmed the public notice items were met for the items and asked
for any ex-parte disclosures.
City Clerk Kimberly Dillon swore in those wishing to provide testimony.
Mayor Gomez asked the Commission to advise of any ex -party disclosures. Vice
Mayor Bolton stated he had met with the representatives of 13m Floor, as well as
several members of the public, including Jeffrey Shapiro and Ilene Lieberman
Michaelson. Commissioner Daniel stated she had met with 14th Floor
representatives and their attorney, as well as a number of residents.
Mayor Gomez disclosed that she had met with the applicant, their attorney, and a
large number of residents over the course of six (6) years. Commissioner Villalobos
stated he had spoken with the applicant and dozens of residents. Commissioner
Wright disclosed the same.
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Page 13
Mr. Backman asked that his presentation, including the associated list of experts
available, as well as testimony from this evening and the Planning Board meeting
be entered into the record for the discussion.
Assistant City Manager and Community Development Director Maxine Calloway
advised that staff did not have a presentation but wished to enter the previous
presentation into the record, along with the staff memorandum and backup
materials included in the Commission packet. She provided a list of professional
staff available to respond to questions and noted they had been sworn.
Mayor Gomez advised that the City of Lauderhill and Winston Grace had registered
as affected parties and were not present. City Attorney Ottinot stated a third affected
party had submitted their application the previous day and advised that she could
be heard and cross-examined.
Mr. Backman stated an objection had been filed, as the Code clearly provides for
seven (7) days' notice.
Ilene Lieberman Michaelson, 4809 Woodlands Boulevard, spoke as an affected
party. She advised that the Site Plan and presentation did not match, citing a
discrepancy over the number of pods, bicycle lanes, and signage. She provided a
photo showing residents unable to get out onto Commercial in the morning due to
traffic blocking the intersection and stated the Site Plan needed to show that it
would not exacerbate an already unacceptable situation.
Mayor Gomez opened the floor to comments from the public.
1) William Goffernet, 5106 Bayberry Lane, Tamarac, stated the applicant had not
remediated the arsenic at Manor Park correctly and asked about their remediation
plan for this site. He asserted the site was on the Broward County inventory of
contaminated sites and buyers should be informed.
2) Jeffrey Shapiro, 6104 Orchard Tree Lane, Tamarac, stated he speaks on behalf of
the residents on his street and advised there was a possible situation with the
waterway along the back of the homes impacting homes. He asserted this land
needed to be stabilized and asked that the agreement be amended to protect the
homeowners.
3) Gail Bouie, Lauderhill, stated she is the President of the Cypress Hollow
Homeowners Association west of the project. She explained the residents of her
community and the Forest Lake community are vehemently opposed to an entrance
to the Woodlands being created on 641h Avenue to accommodate travel to and from
Commercial Boulevard. She stated they are not opposed to the development, but
are concerned with safety, impact on property values, and traffic.
Ms. Bouie provided a copy of a petition to the City Clerk.
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November 8, 2023 — Regular Commission Meeting
Page 14
4) Carlston Gray, Orchard Tree Lane, Tamarac, stated he wanted to make sure the
residents are not adversely affected by the development. He noted the plans are very
good, but he would like to see expanded views to see how the waterway changes
would impact homes on his street.
5) Sandra Hill, Banyon Lane, Tamarac, commented on the arsenic concerns. She
stated for the past four (4) years, weeds had not been sprayed and walkers, children,
dogs, coyotes, and owls all use the space, so she did not believe it was a big problem
in this situation.
Mayor Gomez closed the public hearing.
Mr. Backman responded to questions and concerns brought up during public
comment, including efforts to ensure all of the documents match, the development
entities, public outreach, impacts to 64'' Avenue, and northern bank adjacent to
homes on Orchard Tree Lane. Attorney Howard Nelson, Bilzin Sumberg, outlined
his experience with environmental law and addressed the arsenic question briefly.
Commissioner Wright reiterated that he had been against this project due to traffic,
arsenic, and other issues. He stated he was here to fight for the needs of his
constituents in case the project is approved and asked about improvements adjacent
to pod H. Mr. Backman explained the applicant was not intending to modify or
improve the north bank adjacent to pod H. Ryan Wheeler, Civil Engineer, Caulfield
& Wheeler, provided additional clarification.
Commissioner Wright commended the removal of pod E, and stated he was not in
support of shifting seven (7) homes to other places in the community. He asserted
the two (2) story homes in Pod G were not compatible with the community. He
suggested a security detail during construction. He asked for details on the pocket
parks, the location of the sales center, construction traffic, and contributions within
the agreement. Mr. Backman responded.
Commissioner Wright stated it was fair and just for the Woodlands HOA to be
included in the contributions.
Commissioner Villalobos thanked the developers for going above and beyond in
making concessions in response to feedback. He asserted this was a good
partnership. He noted he did not agree with Commissioner Wright's comments
regarding the relocation of the seven (7) homes and stated he believed there was a
market for the two (2) story homes. He commented on arsenic remediation,
previous iterations of plans, and annual updates, and added that contributions
should go into a fund rather than directly to the HOAs.
Minutes
November 8, 2023 — Regular Commission Meeting
Page 15
Vice Mayor Bolton discussed concerns with traffic, asserting $750,000 was not
enough to mitigate issues in District 1, and reviewing areas that would be impacted
by diverted traffic. Mr. Backman responded.
Vice Mayor Bolton asked about removal of pod E, placement of the additional
seven (7) homes and traffic signal relocation. Mr. Backman explained.
Moved by Vice Mayor Bolton; seconded by Commissioner Villalobos to extend
the meeting past 11:30 p.m. to finish the agenda.
Motion Approved: 5-0.
Voting For: Mayor Gomez, Vice Mayor Bolton, Commissioner Daniel,
Commissioner Villalobos, and Commissioner Wright. Voting Against: None.
Vice Mayor Bolton asked the stacking capacity of the main entrance. Chris Hagen,
Traffic Engineer, Kimley Horn and Associates, stated there are approximately 200
feet from the edge of pavement to where the gates would be at the main entrance at
Woodlands Boulevard.
Vice Mayor Bolton asked whether there would be a staffed guard house. Mr.
Backman stated it would not be manned, there would be access with a bar code.
Discussion continued regarding the resident entrances.
Vice Mayor Bolton inquired as to the locations of model homes, construction
traffic, management of coyotes, and location of the basketball court. Mr. Backman
and Mr. Nelson responded.
Vice Mayor Bolton asked Assistant City Manager and Community Development
Director Maxine Calloway how many more police officers the City would need for
the additional population created by the development, as well as how many more
school buses would be needed and what the impact on the City budget would be.
Assistant City Manager Calloway stated she would gather the information and
report back.
Mr. Backman noted an analysis of the economic benefit to the City had been
submitted as part of the preliminary plans, along with capacity assurances received.
Vice Mayor Bolton asked about burrowing owls. Mr. Backman responded
regarding plans to manage any protected species on the site.
Commissioner Daniel stated she did not have a problem with the seven (7) homes
being relocated but would prefer to see that first in case there are other impacts. Mr.
Backman explained it would be a Site Plan amendment, so it would have to go
through the approval process separately.
Commissioner Daniel asked about access to the Woodlands from Lauderhill in an
emergency. Mr. Backman explained the design of the community was that entrance
Minutes
November 8, 2023 — Regular Commission Meeting
Page 16
would require a barcode, and the only public access would be off Woodlands
Boulevard. Discussion continued, and Mayor Gomez provided additional
clarification regarding the lack of through roads.
Commissioner Daniel asked for clarification on the waterway concern brought up
by residents, signage, and rights -of -way. Mr. Backman explained.
Mayor Gomez asked for further clarification on availability of rights -of -way. Mr.
Backman stated the improvements are being made either on existing City right-of-
way or on property which currently is owned by Club Link, and no private property
is being taken.
Mayor Gomez asked about potential impacts on irrigation in neighboring
communities. She expressed appreciation for the removal of pod E and stated she
was happy for the applicant to attempt to relocate the seven (7) homes. She asked
for clarification on the maximum height of the two (2) story homes. Mr. Backman
explained briefly.
Mayor Gomez commented on the amenity campus, asked about the cost of bar
codes for residents, and reviewed additional items briefly. She noted she had
attempted to set a meeting in Lauderhill and had not been successful, and reiterated
previous comments that the impact fees should be put into a single fund.
Commissioner Wright stated a lot of amendments had been made to the plan
between the November 6 Commission Workshop this meeting, and agreed with
Commissioner Daniel's comments that she did not want to fix one (1) person's
problem by creating a problem with someone else.
Moved by Commissioner Wright to table the Site Plan and Development
Agreement until such time as the developer submits an amended Development
Agreement.
Motion failed for lack of a second.
Mr. Backman provided additional clarification on the timeline for the project and
requested that the item move forward.
City Attorney Ottinot clarified, and discussion ensued regarding the procedures.
Mayor Gomez called for a recess at 11:51 p.m.
Mayor Gomez called the meeting to order at 12:00 a.m.
City Attorney Ottinot advised there was a motion on the floor, and moving forward
with Commissioner Wright's motion would require that motion be rescinded.
Discussion ensued as to the amendments to be made. Mr. Backman reviewed the
proposed amendments included in his presentation and noted the parties were not
Minutes
November 8, 2023 — Regular Commission Meeting
Page 17
in agreement on three (3) of the items. He stated all of the changes discussed would
be incorporated into the amended agreement.
Commissioner Daniel stated that after speaking with Assistant City Manager
Calloway during the break and hearing about the time restrictions, she was
comfortable moving forward with the Development Agreement as amended with
the confirmation that the seven (7) homes moved from pod E go through the Site
Plan approval process.
Vice Mayor Bolton suggested changes to the allocations in the Development
Agreement, as follows:
• Reduce Mainlands 6 from $75,000 to $50,000
• Reduce Woodland Place from $75,000 to $25,000
• Reduce Villas Woodland Green from $75,000 to $50,000
• Reduce Shaker Village from $75,000 to $50,000
• Reduce Banyon Lakes from $75,000 to $50,000
• Reduce Bermuda Club from $75,000 to $50,000
• Reduce Chelsea Place from $75,000 to $50,000
• Add Gate Condominium at $10,000
• Add Sabal Palm Village at $15,000
• Place remaining $200,000 in Woodlands Community fund
Mayor Gomez stated there are eight (8) HOAs in the Woodlands, and discussed the
fees associated with the communities. She advocated for a pool that would allow
every home being impacted to benefit.
Commissioner Wright asserted it was fair for each of the HOAs in the Woodlands
to receive funds, because they would be more affected than those in District 1.
Discussion continued related to the impacts and associated contributions within the
community.
City Attorney Ottinot clarified for the record that these are voluntary proffers made
by the developer.
Discussion ensued as to how to manage the funds allocated to the Shaker Village
community center if that project were not to go through.
Vice Mayor Bolton asked Mr. Backman whether the proffers were still voluntary,
based on the discussion. Mr. Backman asserted his client had agreed to the funds
voluntarily in March, and stated his client did not object to the Commission
allocating where the voluntary would go by a majority vote.
Vice Mayor Bolton suggested removing $250,000 from the Shaker Village line
item 21 b and moving that to the payments being made to the Woodlands HOAs.
Minutes
November 8, 2023 — Regular Commission Meeting
Page 18
Commissioner Daniel stated she disagreed with that suggestion, as the whole point
was to get rid of the eyesore in Shaker Village. Commissioner Wright agreed and
Vice Mayor Bolton asked that the fund be left as -is.
Consensus was to place $925,000 in a pool for future equitable allocation by the
Commission between the Woodlands community and the other communities
currently listed in the agreement. Vice Mayor Bolton and Commissioner Daniel
were opposed.
Vice Mayor Bolton advised that he would not be willing to accept an amendment.
Moved by Vice Mayor Bolton; seconded by Commissioner Villalobos to approve
Ordinance T02488 as presented. (restated motion already on the floor)
Motion Fails: 0-5.
Voting For: None. Voting Against: Mayor Gomez, Vice Mayor Bolton,
Commissioner Daniel, Commissioner Villalobos, and Commissioner Wright.
Moved by Commissioner Villalobos; seconded by Mayor Gomez to approve
Ordinance T02488 as amended to include all proffers made by the applicant
presentation, including the removal of pod E with placement of those seven (7)
homes elsewhere on the project subject to approval of a Site Plan amendment, and
to include the previous consensus to place $925,000 in a pool for future equitable
allocation by the Commission.
Motion Approved: 3-2.
Voting For: Mayor Gomez, Commissioner Daniel, and Commissioner Villalobos.
Voting Against: Vice Mayor Bolton and Commissioner Wright.
Mayor Gomez discussed the difficult situation this project had presented over the
past several years, and asserted the community needed the development. She asked
for patience as the project moves forward.
Moved by Commissioner Villalobos; seconded by Mayor Gomez to approve
TR14013 as amended, to include the eight (8) staff conditions.
Motion Approved: 3-2.
Voting For: Mayor Gomez, Commissioner Daniel, and Commissioner Villalobos.
Voting Against: Vice Mayor Bolton and Commissioner Wright.
10. OTHER
ADJOURNMENT
There being nothing further to discuss, Mayor Gomez adjourned the meeting at 12:52 a.m.
Minutes
November 8, 2023 — Regular Commission Meeting Page 19
Minutes transcribed by Crysta Parkinson, Prototype, Inc. and submitted by Kimberly Dillon, City
Clerk.
Kimberly Dillon, City Clerk
/11
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Michelle J. Gomez, Mayor
Note to the reader: The above signature is the City Clerk, of the City of Tamarac, Florida. If the
minutes you have received are not signed, or completed as indicated above, they are not the official
minutes of the Regular City Commission Meeting held Wednesday, November 8, 2023.
Pursuant to Chapter 286.0105, Florida Statutes, if a person decides to appeal any decision made
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need to ensure that a verbatim record of the proceedings is made which record includes the
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