Meeting No. 2005-21
Time: 7:00 p.m.
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City of Coconut Creek City Commission Minutes Meeting No. 2005-21 |
| Date: June 9 , 2005 Time: 7:00 p.m. |
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| Kind: Regular | |
| 4800 West Copans Road, Coconut Creek, Florida, 33063 |
1. The meeting was called to order by Mayor Gerber at 7:02 p.m.
2. Mayor Gerber led the Pledge of Allegiance.
3. Present upon roll call:
Mayor Marilyn Gerber
Vice Mayor Jim Waldman
Commissioner Becky Tooley
Commissioner Lou Sarbone
Commissioner Leonard Freund
City Manager John Kelly
City Attorney Paul Stuart
City Clerk Barbara Price
4. Approval of Minutes: Workshop Meeting No. 2005-18 – May 26, 2005
Regular Meeting No. 2005-19 – May 26, 2005
MOTION: Sarbone/Tooley – To approve the Minutes as listed.
Upon roll call, the motion was passed on a 5-0 vote.
5. PROCLAMATIONS
Mayor Gerber announced Sunday, June 12th, as “Alpha Kappa Alpha Day” in the City of Coconut Creek. The Mayor extended congratulations to the members of Alpha Kappa Alpha on the establishment of a graduate chapter.
6. PRESENTATION ON BROWARD COMMUNITY COLLEGE EDUCATION MASTER PLAN: DR. TED WRIGHT, SPECIAL ASSISTANT TO THE PRESIDENT, DR. EILEEN HOLDEN, VICE PRESIDENT OF ACADEMIC AFFAIRS, AND MR. NORM SEAVERS, ASSISTANT VICE PRESIDENT OF ECONOMIC DEVELOPMENT
Using a Power-Point presentation, Dr. Ted Wright related that the Education Master Plan, requested by Dr. Larry Calderone, President of Broward Community College, had been completed in approximately one year. He apologized that Dr. Calderone was not able to be present as he was in California for his daughter’s wedding. Dr. Wright provided a brief presentation of the Education Master Plan. Dr. Eileen Holden provided additional information that BCC services over 60,000 students and that the school strives to find new ways to provide services and procure monies. Mr. Seavers related that BCC presently contracts with many businesses for training services for the students as well as an on-the-job (OJT) component.
7. INPUT FROM RESIDENTS OF COCONUT CREEK: Three (3) minutes per resident on non- agenda items.
None.
8. CITY MANAGER REPORT
A. STAFF REPORTS
None.
9. CITY ATTORNEY REPORT
REQUEST FOR SETTLEMENT NEGOTIATION OR LITIGATION STRATEGY MEETING PURSUANT TO SECTION 286.011(8)
None.
10. COMMISSION COMMUNICATIONS
Commissioner Sarbone reported that he and the Mayor had attended the recent National Council of Legislators from Gaming States (NCLGS) Conference, and he commented that the City enjoyed a good relationship with the Seminole Tribe and possibly a unique relationship in comparison with other states.
Vice Mayor Waldman reported on his attendance at today’s Metropolitan Planning Organization meeting, and one of the agenda items was the 2005 Transportation Enhancement Program. The Vice Mayor noted that the City is ranked number 7 for the Education Corridor, which is under review by the FDOT. The Vice Mayor advised that the Hillsboro Canal Greenway would probably not go forward at this time and that he would provide information regarding this regard to Director of Development Services Sheila Rose for review.
The Vice Mayor reported that he had attended the Broward League of Cities’ Board of Directors’ meeting in which the Community Design Guidebook for Broward County was distributed, and he presented the Guidebook to Mr. Kelly for his review.
Mayor Gerber noted that NCLGS conference had a presentation on a portrait of the American gambler, which she had forwarded to the Commission via e-mail.
Mayor Gerber stated that she had attended the opening of the Broward County Traffic Engineering Division and Transportation Management Center, a new 42,000 square foot state-of the-art facility, which was very impressive.
Mayor Gerber announced an Addendum to the Agenda and requested that it be acted upon first.
ADDENDUM
MOTION: Tooley/Waldman – To adopt Resolution No. 2005-53.
Vice Mayor Waldman questioned if the City could use monies from the Stormwater Fund for this project. Staff Engineer Osama Elshami responded that the funds allocated for this project are from the grant from the South Florida Water Management.
Upon roll call, the motion was passed on a 5-0 vote.
REGULAR AGENDA
RESOLUTIONS
11. MOTION TO ADOPT a resolution authorizing the City Manager to execute the Restated Stipulated Settlement Agreement between the City and Seminole Properties II, Inc., and establishing a code enforcement fine and reducing a parking lot construction bond. (RESOLUTION NO. 2005-51) (City Attorney)
MOTION: Tooley/Freund – To adopt Resolution No. 2005-51.
City Attorney Paul Stuart noted that the Seminole Tribe had completed most of the remedial work, and a variance has been granted for the remainder. He advised that the fine of $18,250 had been paid and, if this were approved, it would conclude this very lengthy process. Commissioner Sarbone questioned if there were outstanding code issues, and Mr. Stuart responded that there were some outstanding issues. Ms. Rose elaborated that Broward County has given the Seminole Tribe a two and a half year variance to correct the lake banks and landscaping issues, and she added that this would allow the City to give the parking lot a certificate of completion so the project could move forward.
Upon roll call, the motion was passed on a 5-0 vote.
12. MOTION TO ADOPT a resolution authorizing the City Manager to execute the Third Amendment to the Interlocal Agreement between the City and The School Board of Broward County. (RESOLUTION NO. 2005-46) (City Manager) (Tabled from May 26th Meeting)
MOTION: Sarbone/Freund – To adopt Resolution No. 2005-46.
Mr. Stuart noted that this was a longstanding issue, and he advised that staff recommended approval to effectuate its conclusion, even though issues were raised at the last meeting regarding the construction of the road. He added that the alternatives to not entering into the Agreement were speculative and uncertain at best.
Upon roll call, the motion was passed on a 3-2 vote with Commissioner Sarbone and Vice Mayor Waldman voting nay.
ORDINANCES/SECOND READINGS/PUBLIC HEARINGS
13. MOTION TO ADOPT an ordinance approving the rezoning request for the property known as Tracts 10, 11, and 12, Block 84, of the Palm Beach Farms Company Plat No. 3, from RM-10 (Residential Multiple Family – 10 DU/AC) and A-1 (Agricultural) to PUD (Planned Unit Development). (ORDINANCE NO. 2005-015 – SECOND READING) (PUBLIC HEARING) (QUASI-JUDICIAL) (Development Services)
Ordinance No. 2005-015 was read by title by Mr. Stuart.
MOTION: Waldman/Freund – To adopt Ordinance No. 2005-015.
Mayor Gerber opened the public hearing. There were no questions or comments, and the hearing was closed.
Upon roll call, the motion was passed on a 5-0 vote.
14. MOTION TO ADOPT an ordinance amending Chapter 13, Code of Ordinances, entitled “Land Development Code,” by amending Article I, “Administration, Regulations, and Procedures,” by amending Division 4, “Fee Schedules,” which amends Section 13-86 by reducing the fees for yearly recertification of backflow preventers. (ORDINANCE NO. 2005-018 – SECOND READING) (PUBLIC HEARING) (Utilities & Engineering)
Ordinance No. 2005-018 was read by title by Mr. Stuart.
MOTION: Sarbone/Freund – To adopt Ordinance No. 2005-018.
Mayor Gerber opened the public hearing. There were no questions or comments, and the hearing was closed.
Upon roll call, the motion was passed on a 5-0 vote.
15. MOTION TO ADOPT an ordinance amending Chapter 13, Code of Ordinances, entitled “Land Development Code,” by amending Article III, “Zoning Regulations,” by amending Division 4, “Accessory Uses and Structures,” by amending Subdivision IV, “Landscape Standards and Requirements,” which amends Sections 13-444 and 13-448 to bring the City’s Landscape Code to be consistent with the Broward County Tree Preservation Ordinance. (ORDINANCE NO. 2005-019 – SECOND READING) (PUBLIC HEARING) (Development Services)
Ordinance No. 2005-019 was read by title by Mr. Stuart.
MOTION: Tooley/Freund – To adopt Ordinance No. 2005-019.
Mayor Gerber opened the public hearing. There were no questions or comments, and the hearing was closed.
Upon roll call, the motion was passed on a 5-0 vote.
16. MOTION TO ADOPT an ordinance amending Chapter 18, Code of Ordinances, entitled “Taxation,” by amending Article II, “Occupational License Taxes,” by amending Section 18-37, “Schedule,” by increasing the tax by five (5) percent. (ORDINANCE NO. 2005-020 – SECOND READING) (PUBLIC HEARING) (Development Services)
Ordinance No. 2005-020 was read by title by Mr. Stuart.
MOTION: Tooley/Freund – To adopt Ordinance No. 2005-020.
Mr. Stuart noted on Page 10 of the Ordinance that under Item No. 104-100, Insurance Agency, the fee had been omitted, and it should be stated as $121.54.
MOTION: Tooley/Freund – To amend Ordinance No. 2005-020.
Upon roll call, the motion was passed on a 4-1 vote with Vice Mayor Waldman voting nay.
Mr. Stuart clarified, for the record, that the required advertisement was placed in the newspaper; however, due to a glitch in the e-mail transfer, certain items were deleted in the ad. Mr. Stuart noted that the Erata sheet would reflect what the ad should have read and presented it to the Commission, and he added that the Ordinance was correct; the only change would be the one just made to add the insurance agency number.
Mayor Gerber opened the public hearing. There were no questions or comments, and the hearing was closed.
Upon roll call, the motion, as amended, was passed on a 4-1 vote with Vice Mayor Waldman voting nay.
17. MOTION TO ADOPT a resolution, pursuant to Section 2-603, Code of Ordinances, authorizing the expenditure from the Community Improvement fund for land acquisition of property in the Creek Commons Project area in an amount not to exceed $1.4 Million Dollars. (RESOLUTION NO. 2005-52) (Finance & Administrative Services)
MOTION: Sarbone/Freund – To adopt Resolution No. 2005-52
Upon roll call, the motion was passed on a 5-0 vote.
18. MOTION TO ADOPT an ordinance approving the purchase of Parcel “A” of the “Amoroso Plat,” containing 2.35 acres, more or less. (ORDINANCE NO. 2005-021 –SECOND READING) (PUBLIC HEARING) (City Attorney)
Ordinance No. 2005-021 was read by title by Mr. Stuart.
MOTION: Waldman/Freund – To adopt Ordinance No. 2005-021.
Mayor Gerber opened the public hearing. There were no questions or comments, and the hearing was closed.
Vice Mayor Waldman asked the amount of land now owned in this area, including this purchase. Ms. Rose and Deputy City Manager Dave Rivera both provided information that the total was 43 acres, including the property near the high school.
Upon roll call, the motion was passed on a 5-0 vote.
MOTIONS - ORDINANCES/FIRST READING
19. MOTION TO ADOPT an ordinance amending Chapter 21, Code of Ordinances, “Personnel Administration,” by amending Article I, “Civil Service Code,” by amending various Sections, and by amending Article II, “Exempt Employees Policies and Procedures,” by amending various Sections. (ORDINANCE NO, 2005-022 - FIRST READING) (Human Resources)
Ordinance No. 2005-022 was read by title by Mr. Stuart.
MOTION: Sarbone/Freund – To adopt Ordinance No. 2005-022.
Commissioner Sarbone referred to Pages 11 and 40 relating to the longevity benefit, and he asked for an explanation as to how that worked. Human Resources Manager Pam Kershaw explained that after the completion of three years of employment, employees are eligible to receive a lump sum bonus each year. The amount is not cumulative, and the actual amount is listed.
Commissioner Sarbone then referred to Page 48, regarding merit pay for performance, and asked what would happen if the employee did not meet the requirements. Ms. Kershaw explained that this section was for Administrative Officers, who are employees at will and having evaluations being done by the City Manager or Deputy City Manager. Ms. Kershaw noted there was an opportunity to receive less than those amounts; however, for an Administrative Officer if performance is poor for a year, termination is possible.
Vice Mayor Waldman referred to Page 13 regarding the Voluntary Tuition Reimbursement Program, Section 21-9.4, and asked if there was a requirement for the employee to stay with the City once the education is completed. Ms. Kershaw advised that if an employee leaves within one year, they are required to pay back any money reimbursed in the past year, which would be deducted from their final paycheck. If the check does not cover the amount, the employee would be billed for the balance. Ms. Kershaw and Mr. Stuart noted that employees sign an agreement regarding the reimbursement procedure.
Upon roll call, the motion was passed on a 5-0 vote.
20. MOTION TO ADOPT an ordinance amending Ordinance No. 2003-030, which Ordinance authorized various Loan Agreements by amending and restating the Series 2003D Note and amending and restating the Loan Agreement related to the series 2003D Note to provide for a fixed rate of interest, revising the principal repayment terms, and adding agreements of the City relating to the tax exemption of the interest. (ORDINANCE NO. 2005-023 - FIRST READING) (Finance & Administrative Services)
Ordinance No. 2005-023 was read by title by Mr. Stuart.
MOTION: Tooley/Freund – To adopt Ordinance No. 2005-023.
Vice Mayor Waldman asked if the loan amount was being reduced. Director of Finance and Administrative Services Karen Brooks confirmed that the amount would be reduced, as well as the term changed and the rate fixed. Additionally, it would change from a taxable to a non-taxable loan.
Upon roll call, the motion was passed on a 5-0 vote.
21. MOTION TO ADOPT an ordinance authorizing the execution of an Agreement for Purchase and Sale between the City and Elster Rocatica, LLC, for the conveyance of Parcel “A” of the Amoroso Plat and authorizing the execution of a Deed. (ORDINANCE NO. 2005-024 - FIRST READING) (City Manager)
Ordinance No. 2005-024 was read by title by Mr. Stuart.
MOTION: Waldman/Tooley – To adopt Ordinance No. 2005-024.
Upon roll call, the motion was passed on a 5-0 vote.
MOTIONS/ORDINANCES/ FIRST READING/QUASI-JUDICIAL
22. MOTION TO ADOPT an ordinance approving a small scale amendment to the Future Land Use Element of the City of Coconut Creek Comprehensive Master Plan by changing the land use designation for the properties known as Lots 34, 35, and 41, Block 85, Palm Beach Farms Company Plat No. 3 from OP (Office Professional) to IND (Industrial). (ORDINANCE NO. 2005-025 - FIRST READING) (PUBLIC HEARING) (QUASI-JUDICIAL) (Development Services)
Ordinance No. 2005-025 was read by title by Mr. Stuart.
MOTION: Tooley/Freund – To adopt Ordinance No. 2005-025.
Mayor Gerber opened the public hearing. There were no questions or comments, and the hearing was closed.
Upon roll call, the motion was passed on a 5-0 vote.
23. MOTION TO ADOPT an ordinance approving the Plat of “Rain Forest Estates” located on the south side of Northwest 74th Place, west of Lyons Road, containing 2.9 acres, more or less. (ORDINANCE NO. 2005-026 - FIRST READING) (PUBLIC HEARING) (QUASI-JUDICIAL) (Development Services)
Ordinance No. 2005-026 was read by title by Mr. Stuart.
MOTION: Sarbone/Tooley – To adopt Ordinance No. 2005-026.
Mayor Gerber opened the public hearing. There were no questions or comments, and the hearing was closed.
Upon roll call, the motion was passed on a 5-0 vote.
24. MOTION TO FIND AND DETERMINE, pursuant to Section 723.083, Florida Statute, that adequate mobile home park housing or other suitable facilities exist for the relocation of mobile home owners in Coral Lake Mobile Home Park as a prerequisite for the consideration of the rezoning of Coral Lake MHP. (City Attorney)
MOTION: Tooley/Freund – To find and determine that adequate mobile home park housing or other suitable facilities exist for the relocation of mobile homeowners in Coral lake Mobile Home Park as a prerequisite for the consideration of the rezoning of Coral Lake MHP.
Mr. Stuart explained that this was a series of four items: Agenda Item Nos. 24, 25, 26 and 27, relating to the Coral Lake Mobile Home project on the corner of Lyons and Wiles Roads. He read the governing statute pertaining to a determination that suitable facilities for relocation of the mobile home owners exist. He also advised that the burden of proof was on the petitioner, who had prepared a report and would present evidence and witnesses.
Attorney Barbara Hall, of Greenberg Taurig, representing Wood Partners, the prospective developers of the property, addressed the Commission. Ms. Hall introduced Attorney Mike Moskowitz, who represented the property owner, and noted that they would be making the presentation together under Florida Statute Section 723.083. Mr. Stuart advised that a translator had been retained by the applicant. Theresa Nazereth introduced herself and stated that she had been a member of the American Translator Association for two years and was fluent in Portuguese as well as Spanish. Ms. Nazereth asked the audience for a show of hands of those persons requiring Spanish or Portuguese interpretation. Mr. Stuart noted, for the record, there were no respondents for Portuguese translation, so only Spanish would be used.
Ms. Hall once again introduced herself and translation into Spanish began by Ms. Nazereth.
Attorney Moskowitz introduced himself and stated that he represented Coral Lake MHC Limited Partnership, the owner of Coral Lake MHP. Mr. Moskowitz noted that this process began approximately one year ago, when the first notice of an application of rezoning was presented to the residents. He emphasized that no one has vested rights to reside in a particular type of community because owner can end the use of that property, and he compared this situation to an apartment building being converted to condominiums. Mr. Moskowitz noted that Chapter 723, Florida Statutes, sets forth specific procedures in the event there is an application of a rezoning of a mobile home park. For instance, a six-month notice is required, a specified amount of compensation is to be paid, and the rezoning is considered by the local municipality. Mr. Moskowitz noted that the fourth item on tonight’s agenda would involve the owner and the developer of the property voluntarily creating a fund to provide the residents with compensation well above the excess of that required by the Statute.
Ms. Hall noted that essentially this property was not useful as a mobile home park any longer as the infrastructure is no longer adequate to provide reasonable living conditions. Ms. Hall introduced Patrick Figurella to provide a brief review on the infrastructure. Mr. Figurella, a professional engineer in the State of Florida, stated that in his review of the Coral lake MHP infrastructure, he had distinguished three separate systems. First, the sewer system, which is currently experiencing infiltration problems wherein rainwater is entering the sewer system creating additional treatment by the City system that is not required. The amount of water flowing out of the site exceeds the amount of drinking water coming into the site. Second, the drainage system, which is in a poor state of repair, and the surface water flow is inefficient. Third, the roadway system, in which the roads have exceeded their useful life and are in a very poor state of repair. Mr. Figurella added that the perimeter access road on the east side encroaches the operation of Lyons Road.
Vice Mayor Waldman interjected that because of the translation process, it was very difficult to follow the presentation. Ms. Hall stated that the presentation was being done in this manner for the benefit of the Spanish-speaking people in the audience who would not be able to understand the proceedings. Following discussion, there was agreement to move the translator and those Spanish-speaking residents into the press room for translation of the presentation. It was also explained that anyone wishing to comment or ask questions in Spanish would be heard and their comments translated.
Howard Steinholtz, President of the Urban Group, addressed the Commission regarding the relocation advisory service. Mr. Steinholtz explained that he was a real estate broker and an urban planner. Mr. Steinholtz advised that his firm had provided a relocation study in conjunction with Edward Hicks, who had provided information on available mobile home lots. Mr. Steinholtz stated that the report identified 604 available mobile home lots for relocation of residents. The report also identified rental properties available as well as single-family housing. The consensus of the report was that adequate mobile home lots as well as other types of housing were available within a 50-mile radius.
Ms. Hall asked regarding the number of two or three-bedroom apartments in the area and information relating to single-family homes. Mr. Steinholtz noted that rentals for one-bedroom apartments were 51 in the $700 range; two-bedroom apartments were 451 for $1,100; and there were 275 rental properties in the range of $1,700. He also stated that the sale properties included $50,600 (9), $84,000 (25), $135,000 (211), all two-bedroom units. Mr. Steinholtz noted that the highest property was three-bedroom (46) in the range of $200,000. Ms. Hall passed out Petitioner’s Exhibit 1, (a Listing of Rental Properties) and Petitioner’s Exhibit 2, (the Consultant Resource Study). Vice Mayor Waldman asked that the whole report be published.
Mr. Steinholtz noted that the Consultant Resource Study provided information on the available mobile home lots, which total 604 surveyed. The Vice Mayor asked if these were vacant lots, with Mr. Steinholtz confirming they were vacant sites where mobile homes could be relocated. The Vice Mayor also asked if there was information regarding existing vacant mobile homes in the area. Mr. Steinholtz stated that a recent survey had been done of other mobile home parks and it found 89 listing prices (used) ranging from $6,000 to $88,000. There was a second mobile home park with 16 listings (used) ranging from $7,000 to $102,000. Mr. Steinholtz added that new mobile homes ranged from $37,900 to $135,000. There was a park (Mom & Pops) with mobile homes (34) ranging from $4,900 to $88,000. This information would be listed as Exhibit 3 and placed into evidence. Three providers of mobile homes were used: Top Value Homes, Payless Mobile Homes and Mom and Pops Mobile Home Sales. Mr. Stuart noted that would be Composite Exhibit 3.
Commissioner Sarbone noted that the package indicated that over 50 percent of the tenants would prefer to relocate their home to another park and he inquired how the lot rental amounts compared with what is being paid currently by the residents now in the 475 lots indicated available. Mr. Steinholtz noted that the average was at a slightly lower rate.
Mr. Hicks related that he had been in the manufactured housing industry for approximately 43 years and that he is a licensed real estate broker in Florida as well as a national consultant for developers and owners of manufactured communities. Mr. Hicks stated that, after extensive research, he had not received specifications from other mobile homes parks as to what they would accept (within a 50-mile radius). He had reviewed many of the homes in Coral Lakes MHP and felt that many of them would not be acceptable to the other communities due to age, condition, or esthetics. Mr. Hicks felt that at least 50% of them could not be moved and perhaps would be unsafe.
After questioning by Commissioner Sarbone regarding the City’s liability to finding adequate alternative living arrangements for the residents, Mr. Stuart noted that the Statute was very broad and there was no case law for guidance. Mr. Stuart stated that substantial, competent evidence must be found that there is adequate mobile home parks or other suitable facilities that exist for the relocation of mobile home owners. Mr. Stuart noted that there is no mandate or requirement in the law that the Commission must review the condition of the homes or the affordability of the move or the income of the residents.
Mayor Gerber questioned that, if the mobile homes were in disrepair, do they meet the City codes. Mr. Stuart noted that code enforcement has been very active in levying fines so that problems could be repaired. He added that the City is not aware of any health, safety and welfare issues that make it unsafe to live in these homes.
Mr. Moskowitz pointed out that that Florida Statute 723.0612 addresses two circumstances. One is the relocation of mobile home for which a specific monetary compensation is provided and, two, the abandonment for which a different formula is provided.
Ms. Hall requested that Mr. Hicks address the issue of purchasing homes at other sites for people not able to relocate their homes. Mr. Hicks noted that several parks have homes, both new and used, available for sale.
Commissioner Sarbone confirmed that, if a home was abandoned and there is a mortgage attached that must be paid off, and then the homeowner would have to try to buy something new. Mr. Hicks stated that was correct but felt that many of the older mobile homes for sale were seller financed.
Mr. Stuart requested that Ms. Hall put the report into evidence as Petitioner’s Exhibit 4. Ms. Hall noted that the Urban Group report would be put into evidence with Mr. Stuart clarifying it was called The Coral Lake Mobile Home Park Replacement Housing Study prepared for Coral Lake MHC Limited Partnership prepared by the Urban Group and dated March 5, 2005.
In summary, Ms. Hall stated that the results of the study indicated 604 available sites at the time of the report. She added that there are numerous sites with homes that are available throughout Broward County. One of the sellers had 89 units, another 16, and another had 34 sites available at prices between $5,000 and $88,000. Ms. Hall indicated she would put into evidence that there are numerous apartments available for rent and houses for sale under $200,000. She concluded that there were a sufficient number of units to replace the approximately 184 units to be relocated from the mobile home park. Ms. Hall also noted that Coral Lake resident Aaron Vantrease had submitted a report showing sites well in excess of the 184 sites that are in the Coral Lake MHP.
Mr. Stuart introduced Marty Pozgay, who had been retained by the City to review the Urban Group study. Mr. Pozgay provided credentials that he was president and owner of two firms based in St. Petersburg, Florida, known as Florida Community Services Group and Community Relocation Services. In addition, he is a licensed real estate broker in Florida, a community association manager, and a mobile home installation contractor. He stated that since 1978 he has consulted or managed over 150 mobile homes parks in the State of Florida in excess of 50,000 homes. He has managed mobile home communities in California, Texas and New Mexico. Since 1984 he has supervised or consulted on the resident purchase or the resident relocation of 41 communities in the State of Florida and has served on committees of both the Florida Manufactured Housing Association and the Federation of Manufactured Homeowners of Florida, and acted as a consultant in the Legislative efforts for both associations. Mr. Pozgay stated that he had reviewed the Coral Lake Mobile Home Park Replacement Housing Study dated March, 2005, at Mr. Stuart’s request. He confirmed that the governing Statute is very broad and allows for a broad interpretation; however, after research he felt that the requirements of the Statute had been met.
Mr. Stuart clarified that, based upon the study marked Petitioner’s Exhibit 4 dated March 2005, the other exhibits placed in evidence, as well as testimony provided, the Commission may make a finding that adequate mobile home parks exist or that other suitable facilities exist for the relocation of mobile home owners pursuant to Section 723.083 Florida Statute. Mr. Pozgay confirmed and concurred with this statement.
Mayor Gerber referred to the transcript of yesterday evening’s Planning and Zoning Board meeting that had been distributed to the Commission. Mr. Stuart stated, for the record, that a certified verbatim transcript of the previous evening’s meeting prepared by Maryann Collier & Associates, Inc., was made available to the Commission. He then asked and received confirmation from each Commissioner that each one had reviewed the transcript. Mr. Stuart noted that this would the City’s Exhibit No. 1.
The Mayor invited the public opportunity for comments.
Robert Perkis, 4701 Lyons Road, #61, stated that the study done by the Urban Group, which was submitted to the City on April 12, 2005, did not meet the requirements of Florida Statute 723.083. He felt that the study contained many unsupported assumptions and he noted that missing from the report were the addresses and phone numbers, as well as a calculation of the distance from Coral Lake MHP. Other information omitted was the parks’ amenities, whether it is a RV park or a mobile home park, and the criteria for admittance. Mr. Perkis noted that due to age restrictions relating to the mobile homes, as well as other restrictions, many parks would not accept the residents’ mobile homes. Mr. Perkis stated that after research on his own, he felt the report was false and should not be supported.
Tape 2
Janice Ellery, 4701 Lyons Road, #141, submitted into evidence a report that she had prepared in rebuttal to the Urban Group report. After research she found only one park that would accept mobile homes older than the year 2000, which was located in Davie. She also pointed out an error in the Urban report regarding number of sites available and concluded her comments by stating that the Statute had not been met, and there was not enough available housing. This was entered into evidence as Homeowners’ Exhibit 1.
Tracy McCall, 4701 Lyons Road, asked that the families being displaced be taken into consideration with this upheaval.
Jose Delgado, 4701 Lyons Road, #170, felt that the residents should be given compensation for at least first, last and security on a future rental.
Attorney Janet Riley of Legal Aid was present on behalf of Aaron Vantrease, and requested that he be sworn in. Mr. Vantrease was sworn in by the court reporter. Ms. Riley distributed copies of Florida Statute 723.03 and noted that this Statute provides for protection to mobile home owners. Ms. Riley also presented documents showing that the fair market rent in Broward County for an efficiency was $743.00; a one-bedroom, $830.00; a two-bedroom, $998.00; and a three-bedroom, $1,380.00, which these residents cannot afford. Ms. Riley presented another document that showed the income needed to meet these rentals, and pointed out that subsidized housing is not available and, therefore, there is no waiting list for subsidized housing.
Upon questioning by Ms. Riley, Aaron Vantrease, 4701 Lyons Road, testified that he did his own research by calling each mobile home park on the Urban Group report. Mr. Vantrease noted that the figures on the report were off by approximately 89% and provided information in that regard. For example, Aztec Mobile Homes was listed as having 171 verified lots but the report did not mention that any home had to be 1995 or newer. Mr. Vantrease gave several more examples of discrepancies and stated that after his research he had concluded that there were approximately 20 available lots, mostly in Davie. He noted similar discrepancies regarding Palm Beach and Miami Dade lots available.
Ms. Riley offered into evidence the referenced documents: The Out of Reach 2004 Study, which Mr. Stuart labeled Homeowner’s Composite Exhibit 2 and a study titled Broward, a spreadsheet of vacancies and restrictions into the parks, which was labeled Homeowner’s Exhibit 3.
Vice Mayor Waldman requested clarification on a discrepancy relating to Everglades Mobile Home Park. Ms. Hall explained that there was an error in background supplemental data, and it did not affect the number of 604 units testified to by Mr. Hicks. The Vice Mayor requested and received confirmation from Mr. Pozgay that the total was 604.
Ms. Riley requested that a letter dated June 6th regarding Mr. Vantrease’s rebuttal on the Urban Group report be placed into evidence. Mr. Stuart noted it would be Homeowner’s Composite Exhibit 4. She stated her point, which was that there is no adequate alternative housing because of housing costs and not enough lots available. Ms. Riley requested that the testimony provided by Mr. Vantrease and her be entered into evidence and incorporated into the quasi-judicial hearing for the rezoning. Mr. Stuart stated that could be discussed at the appropriate point in the meeting.
Russell MacKechnie, 4701 Lyons Road, #137, questioned Mr. Stuart’s comment that at present there is not a safety issue with the infrastructure at the mobile home park. Mr. Stuart explained that Code Enforcement, which had been fixed, had addressed the issues. Mr. McKeckney noted that due to his mobile home’s age he could not move it and would suffer significant financial harm with this issue.
Steven Williams, 4701 Lyons Road, # 114, asked regarding the supplemental fund. Mayor Gerber explained that would be the last item on the agenda.
Hayde Arroyo, 4701 Lyons Road, # 156, stated that she had lived in the park a little over a year and there had never been a disclosure to her regarding the rezoning. As a single mother with three children, she has investigated the mobile home park in Davie and found it unsafe for children. Ms. Arroyo noted that her mobile home was too old to move and she would essentially be left homeless.
Brett White, 11644 Venetian Avenue, Boca Raton, a former Coral Lake MHP resident (#142) noted that his old mobile home did not meet hurricane standards and could not be moved. Mr. White stated that most parks would not take homes unless there were built in 1995 or after. Mr. White asserted that that the park had not been maintained and there were safety issues.
Patty Evans, 4701 Lyons Road, #t 132, stated that many people in the mobile home park cannot afford any thing else in terms of housing.
Joshua Sternfield, 4701 Lyons Road, # 72 offered an explanation as to why the mobile homes built before 1995 could not be moved, which related to their being in Wind Zone 1 and unable to withstand a substantial hit from a hurricane.
Sandra Percoco, 4701 Lyons Road, a 25-year Coral Lake resident, was devastated, as she cannot afford to buy anything else.
Juanita Broeder, 4701 Lyons Road, # 167, stated that she was a six-month resident of Coral Lake and that, due to finances and family health problems, cannot afford anything else.
Kevin Beck, 4701 Lyons Road, # 58, requested compassion in this transaction.
Ken Kennedy, 3741 Lyons Road, # 166, asserted that he had purchased his home a year ago, without being notified by Top Value, who sold him the home, of the rezoning issue
Jesse Ward, 4701 Lyons Road, stated that this sale would put him out of work as well as out of his home.
Barbara Mobley, 4701 Lyons Road, # 91, felt that the financial settlement was not enough.
Ms. Hall announced that the Spanish translator had to leave due to her not feeling well, as she had been involved in a car accident earlier. However, before leaving, Ms. Nazareth had asked if any Spanish speaking person wanted to make a statement, and no one answered affirmatively.
Anna Nava, 4701 Lyons Road, # 138, a seven-year resident, requested consideration for residents with children in neighborhood schools.
Ms. Hall responded to Mr. Vantrease’s report and clarified that 2,874 units were available as a result of a broad JTL survey but it was not the number relied on for the complete study. She explained that number of 604 units provided by Mr. Hicks was from written responses signed by the mobile home owners. Mr. Hicks had spot checked and confirmed this information the day before this meeting. Mr. Hicks added that he had copies of the reports signed by the park owners or the managers. Ms. Hall noted that Mr. Vantrease’s report indicated 432 units and there are 184 people being relocated. She noted that the residents are not required to provide their income level or any specifics regarding their family situations. Ms. Hall stated that the Statute requirements had been met, as there are adequate sites.
Ms. Hall noted that Exhibit 5 placed into evidence as a Community Information sheet, the result of Mr. Hick’s study. Mr. Stuart noted it would be Composite Exhibit 5.
Commissioner Tooley asked Mr. Moskowitz why residents were allowed to buy mobile homes until a few months ago. Mr. Moskowitz stated that there had not been any purchases in the last year and the leases are done on a month-to-month basis on existing facilities. Discussion ensued regarding discrepancies as to purchases within the last year.
Dave Aherns, Community Manager for Coral Lake, stated that there were no homes sold without the person being fully disclosed on the park issue of sale and rezoning. This generated dissention from the audience, and the Mayor called for order to resume the proceedings.
Ms. Riley stated that the Statute requires adequate mobile home space or suitable alternatives and she asserted that if affordability is taken away, there is not a lot remaining for these residents. Vice Mayor Waldman responded that, if the affordability issue was attached, there would be no way a mobile home park in Broward County, Palm Beach County or Dade County could be sold. While he noted that the Commission has heard some very heart wrenching stories at the meeting, he stated that the Statute cannot be avoided. Ms. Riley noted that the Statute does not define the word suitable; however, the Vice Mayor stated that was not required, and suitable does not mean affordable.
Mr. Perkis added that the property could be sold to another park owner rather than a new development.
Commissioner Sarbone commented that the Statute contemplated the abandonment in terms of the fund, and he thanked Janice Ellery for her report. He felt that the report prepared by Urban Group was not prepared with due care and the numbers should have been changed before the report was issued. He added that he had focused on the number of available mobile home sites, which is adequate according to the Statute.
Vice Mayor Waldman noted that anyone who recently purchased a mobile home in this park obviously had been taken advantage of by the seller, and not necessarily the park owner. He felt the burden has been met and agreed with Commissioner Sarbone that there were adequate other mobile home parks or other suitable facilities for relocation. Mr. Stuart submitted that substantial, competent evidence had been put into the record to substantiate Vice Mayor Waldman’s statements, and the legal standard had been met by having substantial, competent evidence and relying upon that evidence in this vote.
Upon roll call, the motion was passed on a 5-0 vote.
25. MOTION TO ADOPT an ordinance approving the rezoning request for the property known as Tracts 1, 13, and 14, in Block 89, of the Palm Beach Farms Company Plat No. 3, from MH-1 (Mobile Home Park) to PUD (Planned Unit Development). (ORDINANCE NO. 2005-027 - FIRST READING) (PUBLIC HEARING) (QUASI-JUDICIAL) (Development Services)
Ordinance No. 2005-027 was read by title by Mr. Stuart.
MOTION: Waldman/Tooley – To adopt Ordinance No. 2005-027.
Mr. Stuart noted that at the request of Janet Riley the prior testimony and exhibits would be incorporated into this item. Mr. Stuart noted that, for the record, the Commission so approved.
The Mayor called a five-minute recess at 10:20 p.m.
The meeting was reconvened at 10:30 p.m.
Mr. Stuart requested that all intending to speak on the item be sworn in by the court reporter.
Director of Development Services Sheila Rose gave a brief introduction. Ms. Rose noted that the property would be rezoned to a Planned Unit Development (PUD) category and that the property is just over 29 acres and would provide for 244 townhouse units and 56 garden condo units. The project would be two- and three-story U-shaped buildings that provide for parking courts with the garage doors located on the interior of the property. She stated that following review by the Development Review Community and the Planning and Zoning Board both had recommended approval. Ms. Rose requested that the Staff Report and the PUD documents be entered into the record. Mr. Stuart asked if this application met all the codes and requirements of the City, and Ms. Rose confirmed affirmatively. Mr. Stuart noted that the Staff Report dated June 8, 2005 was a Composite Exhibit.
Ms. Rose advised that an additional page (page 3-2) of the 2004 Coral Lake/Coconut Creek Planning Design Guidelines would be Exhibit 1; the Paloma Lakes PUD document revised May 27, 2005 would be Exhibit 2; and the transcript from the Planning and Zoning Board hearing on June 8, 2005, along with its exhibits would be Exhibit 3 and would be placed into evidence.
Attorney Barbara Hall, representing Wood Partners, the prospective developer of this property, reviewed the graphics and provided a Power-Point presentation. She introduced Miguel Portela, the architect for this project.
Mr. Portela of Solotongo Architects explained that a neo-traditional design has been incorporated so that the buildings would be placed closer to the street. He also noted that there would be 21 buildings with front porches and balconies surrounding the perimeter. There are three lakes incorporated into the design, which can be seen from the street as well as a pool and clubhouse. Mr. Portela noted that the architecture was two-story townhouse condominiums, coach homes and three-story townhouse condominiums. The units would include a two bedroom (1,570 sq. ft.) and a three bedroom (2,064 sq. ft.) in an Anglo-Caribbean style as is found in St. Augustine.
Mike Woodman of Calvin Giordano & Associates, also representing the developers, addressed the Commission. Mr. Woodman spoke as to the planned greenways, which would be placed along Wiles, Lyons and Hilton Roads and would connect to the existing Hilton Road greenway. He provided further explanation as to the planned landscaping and lighting for the greenways.
Ms. Hall requested that the Power-Point presentation be placed into evidence as Petitioner’s Exhibit 1. Mr. Stuart clarified that the paper copy of the presentation should be used instead.
Ms. Rose pointed out that as part of the greenway process all of the overhead utilities would be placed underground, which would affect the view of Lyons Road in that area. Ms. Hall added that, in summary, the rezoning would create a wonderful area not just for the project but the residents in the existing residences, as the landscaping, sidewalks and the pedestrian would be parts of the public area. Ms. Hall stated that it would also provide a connection to the areas of the north and the new MainStreet area.
Mr. Stuart noted at this point cross-examination would be allowed. Mr. Stuart requested that anyone who had questions of the applicant to so direct.
Mr. Perkis questioned if trees would be planted on the swale. Mr. Woodman verified that there would be plantings in the public right-of-way and he explained that meetings had taken place with Broward County and an agreement would be worked out with the County. Ms. Rose added that the plans had been reviewed by the City’s Engineering Department, and the drainage has met both the City Code and Broward County requirements.
Mayor Gerber opened the public hearing.
Robert Perkis, 4701 Lyons Road, Lot 61, stated that he has lived in the City since 1991, and he felt that the City was not protecting its citizens with this rezoning. He requested that, as part of the rezoning, the mobile homes should be appraised and the owners paid a fair market value.
There were no further questions or comments, and the public hearing was closed.
Commissioner Sarbone noted that the September 15th response letter indicated that the applicant did not agree with some of the staff or DRC comments. Ms. Rose explained that, since that time, the plans have been revised, and this is only background information. The Commissioner then asked regarding the letter dated May 31, 2005, also a DRC comment response letter, specifically relating to page 4–2 regarding the greenway path being reduced from 12 feet to 10 feet relating to FPL’s requirement for a 12-foot easement with 8-foot clearance. Ms. Rose stated the staff approved that change and it would enable the City to have a heavily planted strip between the travel lanes and the greenway on Lyons Road. Commissioner Sarbone also questioned the total number of parking spaces allotted, particularly for the three-bedroom units, and Ms. Rose stated that the final parking analysis would be completed through the site plan approval process.
Vice Mayor Waldman also questioned the parking and noted the absence of guest parking and the lack of room for emergency vehicles to enter if people were parking everywhere. Mr. Portelo stated that there would be parallel parking, with a total of 193 spaces and he advised that the streets were 24- feet wide and each parallel parking space was 23 by 8 feet. The Vice Mayor stated that was approximately 2 ½ parking spaces per unit, which he did not consider a sufficient amount. Although he felt the design was very nice, the parking issued needed to be resolved. Mr. Portelo pledged to add more parking prior to the site plan, even though the parking already established meets City Code.
Mr. Stuart cautioned that that the site plan was not the issue at this time, as this was a rezoning. He added that the applicant could be directed to add more parking but it did meet the City Code parking parameters. Mr. Woodman added that the parking is in the PUD design guidelines is two off-street parking (garage) for two-bedroom units, two and a half off-street for three- bedroom units, and one parallel space for guest parking.
Mayor Gerber was pleased with the underground utility lines and the lakes; however, she requested a change in the shape of the lakes from strictly rectangular. She also questioned how the lakes would be visible from the outside. Mr. Portelo explained that he had meant that the lakes would be visible from the streets inside the community, and they could put some curves in the lake design.
John Stevens of Wood Partners pointed out that the applicant was working with City staff and the South Florida Water Management to bring some of the landscaping down into the lake maintenance areas to add curvature. Mr. Stevens added butterfly plants would be put into the lakes beds, which normally would be grass only.
Upon roll call, the motion was passed on a 5-0 vote.
26. MOTION TO ADOPT an ordinance approving the Plat of “Paloma Lakes” located on the northwest corner of Wiles And Lyons Road, containing 29.242 acres, more or less. (ORDINANCE NO. 2005-028 - FIRST READING) (PUBLIC HEARING) (QUASI-JUDICIAL) (Development Services)
Ordinance No. 2005-028 was read by title by Mr. Stuart.
MOTION: Tooley/Waldman – To adopt Ordinance No. 2005-028.
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Ms. Hall requested that the staff report be put in the record and become an exhibit. Mr. Stuart suggested incorporating all of the prior exhibits from the previous agenda item on the rezoning and reincorporate all exhibits from all sides into this agenda item. Ms. Rose added that the staff report for this agenda item should be included. Mr. Stuart noted that there were no objections and requested that the record reflect the same exhibits were in this item for the ordinance relating to the plat.
Mayor Gerber opened the public hearing.
Robert Perkis, noting that he had already been sworn in, read a prepared statement. Mr. Perkis stated that the residents should be paid the full value of their homes. He commented that the people requesting this rezoning do not live in the community and are trying to replace working class people with richer people, which he considered “snob rezoning”.
Sheila Delgado, noting that she had been sworn in, questioned that on the site plan there was only one entrance shown for the community. Ms. Rose stated that there was only one entrance from Lyons Road, but there was an emergency access to Wiles Road, in case of a problem at the entrance.
Frantz Duclervil, noting that he had been sworn in, stated these residents have voted for the Commissioners and now they are the ones losing out on this project. Mr. Duclervil noted that although the developers would make money and the City would make tax money, the residents would lose their homes with no fair compensation.
Brett White, noting that he had been sworn in, was present on behalf of his father, who has numerous health issues and lives on retirement. Mr. White said that his niece also lives in the park and it is her first home. He noted that most of the people live in the park are struggling financially.
Mr. Stuart asked the audience if anyone had questions of the applicant. There were no questions.
Mayor Gerber closed the public hearing.
Vice Mayor Waldman stated that the Commission was duty bound to uphold the law, and they are doing what they have to based upon the law. He noted that it was an unfortunate situation for the residents living in the park and they would be displaced; however, the law in Florida allotted a certain amount of money for relocation and alternate housing and, although clearly that it is not enough money, as citizens the residents should pursue the legislature and convince them to raise the amount. The Vice Mayor also suggested that the residents speak to the park owner and the purchaser for a negotiation and he pointed out that doing so was not in the Commission’s purview. The Vice Mayor stated that the Commission was compassionate and did care about what happened to the residents of the park.
Upon roll call, the motion was passed on a 5-0 vote.
27. MOTION TO DISCUSS AND AUTHORIZE the drafting of a proposed Fourth Modification to the Coral Lake MHP Settlement Agreement for the purpose of establishing a fund for a replacement housing assistance program for the benefit of the current tenants at Coral Lake MHP. (City Attorney)
MOTION: Waldman/Tooley – To approve a motion for discussion of a proposed Fourth Modification of the Coral Lake MHP Settlement Agreement.
Mr. Moskowitz, representing Coral Lake MHC Limited Partnership, introduced Cliff Dobitz, who was present on behalf of Coral Lake Mobile Home Park. Mr. Moskowitz noted that in the last twelve months no units had been sold by the park owner; however, that seven units had been sold by private owners. Of he seven sold, three of the new owners signed letters of disclosure acknowledging the rezoning application. Additionally, new owners normally have to be approved by the park owner, but three of these new purchases were not submitted to the park owner for approval. Mr. Moskowitz noted this was a factual answer for the previous question by Commissioner Tooley.
Mr. Moskowitz stated that the current owners did care about the residents’ situation and were trying to work out some additional funding for them. He noted that the Statute provided for a schedule that is largely funded by the owner, who would deposit the monies into the State Fund. He also spoke regarding the fine due to the City on September 9, 2005, in the amount of $400,000 and he proposed that fine be reduced to $100,000 and the balance of $300,000 placed into a fund for the residents. Mr. Moskowitz reiterated that none of the money would be used for anything other than to help the residents and noted that, if the City agreed to that, Wood Partners and Coral Lake MHC Limited Partnership would each contribute another $150,000 to the fund. Mr. Moskowitz noted that neither of those firms were obligated to donate any money, but they would like to do it to help the process. This would bring the fund total to $600,000 in addition to the monies from the State. He further explained that the money would be deposited with Mr. Steinholtz, of the Urban Group, a licensed real estate broker whose escrow accounts are governed in the same manner as an attorney’s escrow account. An accounting of how the funds are used would be maintained and this information would be provided to the City, if requested. He noted that funds might be provided if a resident vacates prior to the six-month period to make the whole process easier. As to the fines due the City, Mr. Moskowitz stated that City fines are normally settled in concurrence with the type of costs and expenses incurred by City staff and he felt that $100,000 should cover those costs. Mr. Moskowitz noted that if any money were left in the fund and not paid to the residents, it would be returned to the City as part of the fine.
Commissioner Sarbone stated he would have been more impressed if the fund from the two firms had already been set up for the $300,000 contribution and a fine reduction then requested. Mr. Moskowitz responded that the intent is to put that money into the fund, regardless of how the City votes on the fine issue. Commissioner Sarbone noted that his concern with this issue was the $400,000 is being taken away from all the residents of the City while the two firms are willing only to put up half of what the City would be contributing. Commissioner Freund agreed and felt that the City should not pay twice the amount that either of the firms would contribute.
Mayor Gerber stated that the purpose of code enforcement fines are to enforce the codes of the City rather than raise monies for the City, and she felt that it would not be taking money out of the City if the contribution was made to the residents fund; however, she hoped that the two firms each would contribute $300,000, if not more, and she felt that the mobile home park should contribute a larger share since they have made money from the residents over the years. Commissioner Tooley agreed with the Mayor regarding the fine money going into the fund and also wanted the firms to contribute more money.
Vice Mayor Waldman stated his opinion that no matter how much money was contributed, the residents would not be happy, and he would like to help knowing that this would be appreciated. The Vice Mayor asked to hear from the residents on this money issue.
Tracey McCall stated that her mortgage, rent, and insurance was approximately $1,200, and all she would like is to pay off her mortgage, which is $26,000; however, she could possibly settle for less.
Sheila Delgado stated that many residents did not trust the Urban Group and were afraid this would not be handled properly. The Vice Mayor responded that this was an important issue, but he wanted to know what it would take to make the residents happy. The Vice Mayor asked if everyone got $10,000, would that be satisfactory and Ms. Delgado responded no. The Vice Mayor commented that there was not a number achievable to make everyone happy. Mayor Gerber emphasized that the City could not fund the whole amount and would not be in charge of the fund. Ms. Delgado asked if the residents could handle the fund. Mr. Stuart explained this was premature as the fund has not been created yet and he felt that the focus should be on whether to have the fund and how much should be in it.
Jean Manus, a 21 ½ year resident of Coral Lake, stated that she has paid in excess of $150,000 in lot rent and she requested $10,000 to get out and start again.
Dave McCall noted that the government fund was only to help move the mobile home and it would not go to the resident—it would go to the movers. He added that those who abandoned their mobile home would receive $1,000.
Joe Delgado stated that he appreciated the City doing something for the residents and requested $10,000.
Sheila Ullom requested the amount to pay off her mortgage, $26,000.
Kevin Beck accepted the $10,000, even though it would not cover his mortgage.
Brett White noted that the offer was great but suggested in the interim to reduce the lot rent by one-half so that the residents would have time to put some money aside.
Joshua Sternfield, on behalf of his mother, noted that she would settle for enough money to have first, last and security to move.
Herbert Gill requested $500 to buy the grass to cover code violations. He noted it had been done but would appreciate reimbursement.
Robert Shipman requested $20,000 to cover remodeling and landscaping costs.
Ken Kennedy requested to pay off his mortgage in the amount of $8,000.
Frantz Duclervil stated that $10,000 would be fine and that he be given six months to find another place to live.
Guillermo Zapata, speaking also for this father and brother, felt that $10,000 would help them find another location.
A person (name inaudible), #131, noted that $10,000 would help and also not having to pay any more lot rent to be able to save additional money.
Janet Parado said that any money would be appreciated and it would be more than the State is offering. She thanked the Commission for their help.
Robert Perkis stated that the residents had been offered to buy homes when Florida Law and Park Management guaranteed they would be paid fair market value if displaced by the park owners. He requested that an ombudsman be appointed to audit the fund, handle complaints, and keep all parties honest. Mr. Perkis spoke briefly regarding the fund and summarized at $6,000 for a single- wide and $10,000 for a double-wide.
Heather Dixon, # 110, noted that her mortgage was $9,000 but would appreciate $5,000 and no lot rent for the remainder until she could move.
Vice Mayor Waldman asked Mr. Moskowitz for a proposal now that the residents had stated what they would like in the way of settlement. Mr. Moskowitz noted the Urban Group fee would be paid by Coral Lake MHC Partnership Limited; it would not come out of the fund. He clarified that the money coming from the fund would go only to the residents and emphasized that none of the money would go back to either Wood Partners or Coral Lake MHC Partnership Limited. Only the City would receive any remaining monies because of the code fine. Mr. Moskowitz added that a full accounting would be done monthly.
Mr. Moskowitz offered that Wood Partners and Coral Lake MHC Partnership Limited would each match $300,000 to that being contributed by the City for a total of $900,000, which would be in addition to the money from the State, which is estimated at $400,000. The Vice Mayor suggested rounding out the fund to a $1 million, which would be $200,000 from the City, and the rest from Wood Partners and Coral Lake MHC Partnership Limited. The Vice Mayor reiterated that the Commission has a responsibility to the all of the City’s residents, and he pointed out that all the work done on this had cost the City money. Mr. Moskowitz countered that, if the City would contribute the $300,000, he would talk to the developer and owner at this time to see if the $1 million could be established. The Vice Mayor made a counteroffer of $200,000 from the City and $700,000 from the developer and owner, along with one-month free rent for all the park residents. Commissioner Sarbone commented that this offer was the only one he would support. Mr. Stuart clarified that the fine was actually $475,000, the Vice Mayor noted that it had been reduced to $400,000. Mr. Moskowitz requested a five-minute recess to consult with the park owner and the developer.
The meeting recessed at 12:10 a.m.
The meeting reconvened at 12:21 a.m.
Mr. Moskowitz stated that Wood Partners and Coral Lake MHC Partnership Limited would deposit a total of $700,000 in cash into the fund and the residents would have one month’s free rent which would be their last month in the park. He emphasized that this was with the understanding that the residents must remain current on their obligations in order to participate in the fund and would only receive the monies in vacating within six months after notice is sent. Mr. Moskowitz noted that this was premised with the City contributing $200,000.
Vice Mayor Waldman stated that would be acceptable but cautioned that at this point it was conceptual because the specifics had to be written out in a settlement agreement. The Vice Mayor proposed that a board be set up to distribute the monies so the resident were comfortable with the arrangement, and he suggested the board be comprised of Mr. Steinholtz and Mr. Perkis, who would select a third person. The board would distribute the money in an equitable manner without involvement from the City.
Mr. Stuart stated that all sides were contributing to this process but there was the cloud of a lawsuit. Noting that it would cost the City considerable money to defend a lawsuit, which would be borne by all of its taxpayers, he requested the caveat that the fund would not be established with City’s money until after the 30-day appellate period had expired.
Mr. Moskowitz stated that the commitment by the firms to put in the $700,000 and one month free rent was with implicit recognition that this move forward without a lawsuit. He agreed that if a lawsuit were filed to delay the process, the fund would not be set up.
Commissioner Tooley requested clarification on the monies and gave her understanding that the City was reducing the fine to $200,000 and remainder of the money would be coming from Wood Partners and Coral Lake MHC Partnership Limited, which was confirmed by Mr. Moskowitz.
Mayor Gerber inquired if the Urban Group would still assist the residents in relocation. Mr. Moskowitz noted that at the January 31st meeting, there was discussion that the Urban Group would do a needs assessments for the residents and to date 31 have been done. They need to complete the process with the cooperation of the residents.
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Vice Mayor Waldman noted that Mr. Perkis has been selected to observe, monitor and assist in this process as the City does not want to be involved, nor should it be involved from a legal stand point.
In response to comments by residents, Mr. Stuart reiterated his earlier comments relating to possible litigation, which could tie this up for a year or two in the court system. He pointed out that the City had an obligation to all of its taxpayers and, if there was a lawsuit, no money could be put into the fund. Mr. Stuart added that the cut-off date to file a lawsuit was 30 days starting on June 24th, the first day after the second reading of the ordinance.
Mr. Moskowitz recapped that three elements were considered on this agenda: relocation, rezoning and the plat, and all three elements must be approved by the City Commission in order for this to proceed. Mr. Moskowitz stated that if any of those elements were challenged, the transaction cannot be completed and the fund would not be established.
Vice Mayor Waldman felt the arrangements were fair and he, too, stated that if there were litigation, the fund would not established. He noted that in 45 days all concerned would know if there was a deal.
Mr. Moskowitz noted that he would request the court reporter to type this discussion after the previous break so that he could draft a memo and submit it to Mr. Stuart. The Vice Mayor stated that all of the park residents need to be aware of this resolution and notice should be sent to each of the residents regarding their rights.
MOTION: Waldman/Tooley - To direct the City Attorney to draft an agreement consistent with the discussion and the understanding reached verbally.
Upon roll call, the motion was passed on a 5-0 vote.
28. ADJOURNMENT
The meeting was adjourned at 12:40 a.m.
Barbara S. Price, CMC
City Clerk