Meeting No. 2005-22
Time: 7:00 p.m.
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City of Coconut Creek City Commission Minutes Meeting No. 2005-22 |
| Date: June 23 , 2005 Time: 7:00 p.m. |
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| Kind: Regular | |
| 4800 West Copans Road, Coconut Creek, Florida, 33063 |
Tape 1
1. The meeting was called to order by Mayor Gerber at 7:01 p.m.
2. Mayor Gerber led the Pledge of Allegiance.
3 Present upon Roll Call:
Mayor Marilyn Gerber
Vice Mayor Jim Waldman
Commissioner Lou Sarbone
City Manager John Kelly
City Attorney Paul Stuart
City Clerk Barbara Price
The Commissioners gave consensus to excuse the absences of Commissioners Tooley and Freund.
4. Approval of Minutes: Workshop Meeting No. 2005-20 – June 9, 2005
MOTION: Sarbone/Waldman – To approve the Minutes of Meeting No. 2005-20.
Upon roll call, the motion was passed on a 3-0 vote.
5. PROCLAMATIONS
None.
6. PRESENTATION BY DR. CLAIRE CRAWFORD, BROWARD CULTURAL COUNCIL
Dr. Crawford thanked the Commission for the opportunity to speak and explained the operations of the Broward County Cultural Council, including the distribution of grant funds and acting in an advisory capacity to the County Commission. Dr. Crawford stated that there were several programs in which municipalities can participate. One is a Design Arts Program, which receives some funding from the National Endowment of the Arts and assists cities with the design of signage and logos. There is also an Arts & Community Education Program, which has funding available for cities, often for summer camp or after school programs. Dr. Crawford announced that the Public Arts Program is 30 years old this year, and a County-wide celebration called Light Up Broward is planned. Dr. Crawford noted that the Council’s Marketing Director Jody Horne-Leshinsky could assist the City in linking up its website with the Broward Cultural Council to provide information regarding the cultural activities in the community, and she provided contact numbers for grants assistance and provided handouts for the City Commission.
7. INPUT FROM RESIDENTS OF COCONUT CREEK: Three (3) minutes per resident on non- agenda items.
None.
8. CITY MANAGER REPORT
A. STAFF REPORTS
City Manager John Kelly advised that the County had notified the City that it could opt out of the Community Development Block Grant program, in which the City has participated for many years. He indicated a review would be made in order to reach a decision by July 15th.
9. CITY ATTORNEY REPORT
REQUEST FOR SETTLEMENT NEGOTIATION OR LITIGATION STRATEGY MEETING PURSUANT TO SECTION 286.011(8)
None.
10. COMMISSION COMMUNICATIONS
Vice Mayor Waldman noted that he was acknowledged at the Broward County Commission meeting for the City’s receiving the Backyard Wildlife Habitat Certification as the first municipality to do so in the State of
The Vice Mayor also advised that the County Commission had approved the distribution of the Resource Recovery funds, and the City should be receiving approximately a quarter of a million dollars within the next 30 days.
Mayor Gerber advised that she had represented the City at the Naturescape Broward Task Force meeting and had participated in an exchange of ideas with the mayors of Parkland,
The Mayor reported in her attendance at the Regional Planning Council’s meeting at which the City’s proposed Regional Activity Center for the Creek Commons area was approved virtually without discussion. She thanked Director of Development Services Sheila Rose, MainStreet Project Coordinator Jim Hetzel and Planning & Zoning Manager Scott Stoudenmire for a fantastic job.
Vice Mayor Waldman requested pulling Consent Agenda Item No. 14.
CONSENT AGENDA
MOTIONS/RESOLUTIONS
11. MOTION TO ADOPT a resolution authorizing the City Manager to execute a Lease Agreement between the City and Bruce Rossmeyer’s Fort Lauderdale Harley Davidson for three (3) Police motorcycles. (RESOLUTION NO. 2005-54) (Finance & Administrative Services)
12. MOTION TO ADOPT a resolution authorizing the City Manager to execute a Lease Agreement between the City and Bruce Rossmeyer’s Fort Lauderdale Harley Davidson for one (1) Police motorcycle. (RESOLUTION NO. 2005-55) (Finance & Administrative Services)
13. MOTION TO ADOPT a resolution authorizing the City Manager to execute the Mutual Aid Agreement for Voluntary Cooperation among Member Agencies of the Child Abduction Response Team. (RESOLUTION NO. 2005-56) (Police)
15. MOTION TO ADOPT a resolution authorizing the City Manager to prepare and submit an application to Broward County for Broward Beautiful for the 2005 Community Grant Fund and to enter into the appropriate agreements required to receive funding for the enhancement of the Longpine Greenway. (RESOLUTION NO. 2005-58) (Development Services)
16. MOTION TO ADOPT a resolution adopting an Equal Employment Opportunity Plan and authorizing the City Manager to execute said Plan. (RESOLUTION NO. 2005-59) (Human Resources)
17. MOTION TO ADOPT a resolution authorizing the City Manager and the Chief of Police to execute the Federal Equitable Sharing Agreement between the Federal Government, the City of Coconut Creek, and the Coconut Creek Police Department, which sets forth the requirements for participation in the Federal Equitable Sharing Program valid through September 2005. (Resolution No. 2005-61) (Finance and Administrative Services)
MOTION: Sarbone/Waldman – To approve consent agenda item Nos. 11, 12, 13, 14, 15, 16, and 17.
Upon roll call, the motion was passed on a 3-0 vote.
14. MOTION TO ADOPT a resolution authorizing the City Manager to execute the amendment to the agreement between the City and Pepsi-Cola. (RESOLUTION NO. 2005-57) (Public Works)
MOTION: Waldman/Sarbone – To table Resolution No. 2005-57 to the August 11th Commission meeting.
Upon roll call, the motion to table was passed on a 3-0 vote.
REGULAR AGENDA
18. MOTION TO REJECT all bids submitted for Hosford Park Restroom Building Renovation, Bid No. 01-10-05-10. (Finance & Administrative Services)
MOTION: Sarbone/Waldman – To reject all bids for Hosford Park Building Renovation.
Director of Public Works Scott Sundermeier explained that this project had been unsuccessfully bid twice due to the budget range. He noted that information had been distributed to the Commission regarding the sub-contracted items and in-house items necessary for this project, and he suggested that if the project were done in-house, it could stay within the budget range.
Commissioner Sarbone commented that a budget breakdown had been provided, and he felt that City staff would provide quality work. He stated that all indications showed the City would be saving approximately $50,000 on this project, and he was in favor of that.
Upon roll call, the motion was passed on a 3-0 vote.
Vice Mayor Waldman interjected that there was a Special Commission meeting planned for July 19th, he asked that Resolution No. 2005-57 be tabled to that date rather than August 11th.
MOTION: Waldman/Sarbone – To reconsider the tabling of Resolution No. 2005-57.
Upon roll call, the motion was passed on a 3-0 vote.
MOTION: Waldman/Sarbone – To table Resolution No. 2005-57 to the Special Commission meeting on July 19th meeting.
Upon roll call, the motion was passed on a 3-0 vote.
19. MOTION TO ADOPT a resolution authorizing the City Manager to execute an Agreement between the City and Malcolm Pirnie for the Reclaimed Water Master Plan. (RESOLUTION NO. 2005-60) (Utilities & Engineering)
MOTION: Sarbone/Waldman – To adopt Resolution No. 2005-60.
Upon roll call, the motion was passed on a 3-0 vote.
20. MOTION TO APPOINT one voting delegate to the Florida League of Cities Annual Conference in Orlando on August 18 – 20, 2005. (City Commission)
MOTION: Waldman/Sarbone – To appoint Mayor Gerber as the voting delegate for the FLC Conference.
Upon roll call, the motion was passed on a 3-0 vote.
ORDINANCES/SECOND READINGS/PUBLIC HEARINGS
21. 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 - SECOND READING) (PUBLIC HEARING) (Human Resources)
Ordinance No. 2005-022 was read by title by Mr. Stuart.
MOTION: Sarbone/Waldman – To adopt Ordinance No. 2005-022.
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 3-0 vote.
22. 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 – SECOND READING) (PUBLIC HEARING) (Finance & Administrative Services)
Ordinance No. 2005-023 was read by title by Mr. Stuart.
MOTION: Sarbone/Waldman – To adopt Ordinance No. 2005-023.
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 3-0 vote.
23. 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 – SECOND READING) (PUBLIC HEARING) (City Manager)
Ordinance No. 2005-024 was read by title by Mr. Stuart.
MOTION: Sarbone/Waldman - To adopt Ordinance No. 2005-024.
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 3-0 vote.
24. 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 - SECOND READING) (PUBLIC HEARING) (QUASI-JUDICIAL) (Development Services)
Ordinance No. 2005-025 was read by title by Mr. Stuart.
MOTION: Sarbone/Waldman – 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 3-0 vote.
25. 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 - SECOND READING) (PUBLIC HEARING) (QUASI-JUDICIAL) (Development Services)
Ordinance No. 2005-026 was read by title by Mr. Stuart.
MOTION: Waldman/Sarbone – 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 3-0 vote.
26. 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 - SECOND READING) (PUBLIC HEARING) (QUASI-JUDICIAL) (Development Services)
Ordinance No. 2005-027 was read by title by Mr. Stuart.
MOTION: Sarbone/Waldman – To adopt Ordinance No. 2005-027.
Mayor Gerber opened the public hearing.
Mr. Stuart requested that all intending to provide testimony be sworn in by the court reporter.
Attorney Barbara Hall of Greenberg Traurig noted that this was the second reading of this ordinance. A full presentation had been made at the first reading. Ms. Hall stated that there was evidence in the record for compliance to the standards and code for rezoning, as well as compliance with the City’s Comprehensive Plan. She added that there were two remaining issues from the first hearing. The first issue was parking, about which the Commission expressed concern. Ms. Hall said that the architect had reviewed the plan and could make revisions by providing angled parking along the roadways to add 68 more spaces. The other issue was the lake design. Ms. Hall noted that the engineers have confirmed that there is sufficient space to provide curbed lake banks at the corners of the lakes and still meet the retention requirements.
Mr. Stuart announced that anyone in the audience could address the Commission or ask the developer any questions relating to Agenda Item No. 26 (the rezoning) or Agenda Item No. 27 (the plat).
Attorney Janet Riley of Broward County Legal Aid addressed the Commission. Ms. Riley requested confirmation that the exhibits presented at the first hearing had been incorporated into this record; namely, the Out of Reach 2004 Studies, the Flow Chart prepared by Mr. Vantrease showing the restrictions on mobile home parks, and the letter to Sheila Rose regarding restrictions and the lack of alternative housing. She also requested that Mr. Vantrease’s past testimony, as well as her remarks be incorporated, into this hearing.
Ms. Riley stated that she had received the latest version of the Settlement Agreement. However, Mr. Stuart stated that this was a separate agenda item and would not be heard until the plat and rezoning had been passed. Ms. Riley stated she would defer her comments on that issue until that time.
As to the issue at hand, Ms. Riley stated that the requirements of Florida Statute 723.03 had not been met, and the City could not rezone a mobile home park, which would cause the relocations, unless it found there was adequate mobile home space available or suitable alternative housing.
Juanita Brodeur, 4701 Lyons Road, #167, was sworn in by the court reporter. Ms. Brodeur asked when the residents would receive the money from the State fund, as well as from the fund being set up by the City. Mr. Stuart noted that the Addendum on the Agenda would address that issue, and it should not be discussed until the rezoning and plat were passed.
Sheila Ullom, 4701 Lyons Road, #35, was sworn in by the Court Reporter. Ms. Ullom asked whether there would be assistance in persuading other mobile home parks to accept the Coral Lake residents.
Janice Ellery, 4701 Lyons Road, #141, was sworn in by the court reporter, and noted that some of the residents seemed to have a different interpretation of Florida Statute 723.083. Ms. Ellery felt that it should be addressed by the State court, as the Statute was too vague.
Herbert Gill, 4701 Lyons Road, #119, was sworn in by the court reporter and stated that he was opposed to the rezoning.
Jessie Ward, 4701 Lyons Road, #207, was sworn in by the court reporter and stated that another mobile home park with 400 units was moving as well, and he felt available housing would be taken by those people.
Mayor Gerber closed the public hearing.
Ms. Hall stated a clarification on the parking issue. The additional spaces provided would be 61 not 68, as City staff had requested landscaping that may reduce the number. She indicated that there would be at least 50 additional spaces with 61 as a target.
Upon roll call, the motion was passed on a 3-0 vote.
27. 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 –SECOND READING) (PUBLIC HEARING) (QUASI-JUDICIAL) (Development Services)
Ordinance No. 2005-028 was read by title by Mr. Stuart.
MOTION: Waldman/Sarbone – To adopt Ordinance No. 2005-028.
Mayor Gerber opened the public hearing. Mr. Stuart advised that any comments made on the first reading of the ordinance would be incorporated by reference, as well as any exhibits.
There were no questions or comments, and the Mayor closed the public hearing..
Upon roll call, the motion was passed on a 3-0 vote.
Mayor Gerber noted that Addendum B would be taken first.
ADDENDUM
B. MOTION TO ADOPT a resolution authorizing the City Manager to execute the agreement between the City of Coconut Creek, WP South Acquisitions, LLC, and Coral Lake MHC Partnership for the creation of a housing assistance fund. (RESOLUTION NO. 2005-63)
MOTION: Sarbone/Waldman – To adopt Resolution No. 2005-63.
Mr. Stuart stated that the latest draft of the agreement was being distributed and that he, along with Attorneys Hall and Moskowitz, had prepared the document.
Attorney Michael Moskowitz, representing Coral Lake MHC Limited Partnership was sworn in, and he complimented the Vice Mayor for suggesting that Robert Perkis be appointed to the Board to oversee the fund. Mr. Moskowitz noted that Mr. Perkis had invested quite a bit of time on the drafts pertaining to the establishment of the fund, and his comments were very substantive and helpful.
Mr. Moskowitz recalled that the Board would consist of Mr. Perkis, Mr. Steinholtz of the Urban Group, and a third person chosen by the two of them. The Board would provide for a schedule of payments, guaranteeing a certain amount to every mobile home owner with an increased amount depending upon early vacation, earlier than the six months, and it would have discretionary authority to further increase the amounts based upon special needs, as determined. Mr. Moskowitz proposed one additional change relating to allowing discretion under the special needs to allocate an amount for residents of the park and not only mobile home owners. He clarified that Chapter 723 stated that one must be a mobile home owner in order to receive compensation; however, there are residents leasing from mobile home owners. Mr. Moskowitz requested an amendment that would allow this provision.
Vice Mayor Waldman acknowledged that by appointing Mr. Perkis he felt the mobile home owners would be represented properly. Further, he suggested revising Paragraph 7 to allow for successor language. He suggested that a process should be set up so that a third party could be appointed if Mr. Perkis and Mr. Steinholtz could not agree on the third member, and he suggested that the City Manager be appointed as the person to make that determination. Mr. Moskowitz agreed to both revisions.
Noting that the Commission would not meeting for several weeks, Mr. Stuart suggested that the amendments should be made as the meeting progressed, and he stated that Ms. Hall, representing the developer, would have to agree to the two amendments to Paragraph 7. Ms. Hall stated her agreement and consent.
>MOTION: Waldman/Sarbone - To amend Paragraph 7 as stated herein, including language for the City Manager or his designee.
Upon roll call, the motion was passed on a 3-0 vote.
Mr. Kelly inquired as to how long this might take and if they were close to appointing the third person. Mr. Moskowitz did not believe any discussions in this regard had taken place as they had been working on the draft of the agreement, and he added that the agreement would not be effective until the 30-day litigation period was expired.
Mr. Stuart advised that Mr. Moskowitz was proposing an amendment to Paragraph 8 to allow the Board to fund residents who do not own mobile homes. Mr. Moskowitz clarified that the Board would be allowed to fund residents with leases in the mobile home park but who were not mobile home owners. The amount would be at the discretion of the Board taking into account the resident’s longevity in the park. Ms. Hall stated that the developer would agree to that proposal.
MOTION: Waldman/Sarbone – To incorporate the change into Paragraph 8.
Upon roll call, the motion was passed on a 3-0 vote.
Robert Perkis, 4701 Lyons Road, #61, suggested an amendment to Item 13, which would remove the clause that finds the whole agreement null and void if there is any litigation against the City. Mr. Perkis stated he would give up the $200,000 to be gained but they wanted to retain the $700,000 that the developer would need to clear the park.
Jose Delgado, 4701 Lyons Road, #170, reminded the City that this was just a business deal; however, the people affected are the ones being vacated, and the compensation is very important. Mr. Delgado said that he could not afford to live in Broward anymore.
Ms Riley stated that it was great thing to have the fund, but it was not enough money because the most a person would receive if they left within 60 days would be $4,300. That amount combined with the State compensation totaled approximately $6,000, which does not cover expenses over the long haul. Ms. Riley added that, regarding Paragraph 8, a clean title should be provided in order to receive the State money.
Sheila Ullom stated Mr. Perkis should have a meeting with the homeowners in Coral Lakes so that they could vote on the decisions. Mr. Stuart commented that it needed to be recognized that for matters to proceed, a Board was necessary and there were limitations, and he added that if everyone had a vote in the compensation it would be chaotic. Ms. Ullom felt that Mr. Perkis should communicate more effectively with the residents.
In response, Mr. Perkis noted that he had been involved in this battle for almost a year and that he had set up the website, www.CoralLakeMHP.com, which he updates almost daily. Mr. Perkis noted that also there was a sign on his mailbox with the website information. Additionally, for those without access to the website, he has published a book in both English and Spanish that are kept in the park office for residents’ access. Vice Mayor Waldman and Commission Sarbone added comments regarding Mr. Perkis’s tenacity regarding this issue, including his sending the Commissioners information on a weekly basis, and they felt Mr. Perkis had made a commitment to keep the residents informed and up to date with his communication. Mr. Stuart stated that Mr. Perkis has been the only one from the mobile home park who has attended every Commission meeting for the past year, as well as the Planning and Zoning Board meetings for the past six months. He felt that Mr. Perkis had been a hardworking and dedicated person on behalf of the residents of the mobile home park and commented that the fund would exist largely to Mr. Perkis’s efforts.
Vice Mayor Waldman added that he was not aware of another mobile home park community that had a fund established to help compensate mobile home owners who are displaced, and he felt that the City’s, the park owners, and Mr. Perkis’s efforts should be commended.
Raul Vesquez, 4701 Lyons Road, #89, addressed the Commission and noted that his parents both work two jobs. He stated that the fund money would only last approximately six months and pointed out that affordable housing is very hard to find.
Ms. Hernandez questioned when this would happen and when they would receive the money.
Herbert Gill, 4701 Lyons Road #119, said that he had reviewed the latest edition of the proposed housing assistance fund and found it unacceptable. He felt the Urban Group had a conflict of interest in this matter and stated further that he, not Mr. Perkis, is his own representative. Further, he advised that as of July 8, 2005, the City would have a Hold Harmless Letter from him if he would receive a Release of Lien, or he would sue. Mr. Gill said that Florida Statute 723 is adjudicated in the Court system but he offered to end his part of this fight by being paid $15,000. Mr. Gills said his offer was in effect until July 7, 2005 at 5:00 p.m. at which time it would be withdrawn and null and void. He gave his home phone number and continued with the legalities of this issue, along with criticizing the Vice Mayor.
Lourdes Cortez asked the developers if the money could be used toward a down payment of ownership in Paloma Lakes.
Juanita Brodeur, 4701 Lyons Road, #167, asked when the money would be issued to the residents and if they would receive it in time to help the move. She was not aware of the settlement terms.
In response to Ms. Brodeur, Mr. Stuart explained the agreement was between the developer and the purchaser of the property and the City. Noting that it was available for review; it had been amended and would available in final form in several days. He cautioned that it would not become a formal agreement until after 30 days beginning tomorrow. Proper notice would be given as to when to vacate and on the 31st day everyone would be eligible for monies. Mr. Stuart added that the money should actually be available within a month or so and that the intent of the agreement was to make the monies available for moving purposes.
Mayor Gerber asked that a list be compiled as to how it would affect each homeowner or renter and how much they would be eligible for in the agreement.
Ms. Brodeur asked if the children currently enrolled in the Coconut Creek schools would be able to remain in those schools. Vice Mayor Waldman explained that once a student is enrolled as a resident they would remain until the parent would choose to remove them from that school.
Robert Perkis, spoke regarding his position as a Board member for the fund. He noted that the Urban Group would be distributing the money and he would be a monitor. He then asked Mr. Steinholtz to explain how the money would be disbursed.
In response, Mr. Moskowitz explained that the Urban Group’s role was that of an escrow agent, and at the Board’s request a check would be issued. Also, this fund could not be used as an advance against the State fund, as that would violate Chapter 723, and he provided additional details about the relocation funds and amounts. He advised that at the meeting held in January the residents were advised that the Urban Group had been retained to do several things. They had been retained as relocation experts to assist every resident with their relocation needs, and the first step of that process was to do a needs assessment for each individual resident to determine their circumstances. Mr. Moskowitz stated that to date only 82 needs assessment have been done, and that a number of the residents have declined to do that.
Mayor Gerber requested that all the pertinent information be given to all the residents in a concise, readable form so they know who to call, what to do, what is available to them, as well as be made aware of the fund broken down in steps.
Howard Steinholtz of the Urban Group stated that a procedure had been established and certified letters were sent to all the residents, and unfortunately though some did not get delivered, most did. He advised that there had been meetings at the recreation center, which some of the residents attended and confirmed that over 80 surveys have been done so far on the residents. He stated that the Urban Group wanted to help and were not adversaries. He added that all the information is provided in Spanish and English and bi-lingual staff people are available to assist. Mr. Steinholtz said that the contact person at the Urban Group was Diane Judge and provided the contact phone number.
Commissioner Sarbone requested that information be posted on the City’s website, and Mayor Gerber suggested the residents get the help from the Urban Group and then, if they are not satisfied, to continue on individually.
Mr. Moskowitz again reminded everyone that there is a mandatory six-month notice that must be sent, which has not been sent out yet. He also stated that all of this was predicated on litigation not occurring and that if litigation occurred it would delay the process, as during the course of litigation the developer would not be able to proceed and the whole process would go into limbo. He reiterated that everyone needs to understand that litigation would come at a price because the mobile home park owner would not put money into a fund while at the same time defending litigation, paying legal fees, and not being able to proceed with the sale of the park. Mr. Moskowitz noted that the City’s commitment to the fund was predicated upon the City not being involved in litigation. He added that, if the agreement became null and void, the park owner would have to pay the City the $400,000, $200,000 of which would have been contributed to the fund.
Mr. Stuart addressed some very important issues. One, the City had absolutely no legal obligation to fund or put in any money, and the State statute provides no obligation for the City--State Statute does provide for money from the State. Two, if any litigation were filed within the next thirty days, the agreement and fund would be null and void. Three, he reiterated that if litigation occurred, no money would be available under this fund except the State money. Four, it would be in the City’s best interest if this agreement did not exist because, as Mr. Moskowitz’s pointed out, the City would receive a payment of $400,000 rather than $200,000. Five, once the monies are received by the City, it cannot legally disburse them to the residents. He further explained that the City was not allowed to take taxpayer’s money and give it to the benefit of any individual. Mr. Stuart noted that with this fund, the money would go straight into the fund and would not come to the City. He offered that this information could be typed up for anyone who needed further explanation and that he was available for any questions. Mr. Stuart stated that the Commission represents all of the residents of the City and, therefore, could not be putting this money into the fund and at the same time spending huge monies with the exposure of a lawsuit. Last, Mr. Stuart stated this fund is not something the residents are entitled to by law, but the Commission and Mr. Perkis were trying to do the best for the residents. The Mayor added that the City would be reducing the amount of the violation money, and the mobile home park owner would take the money that would have been paid in fines and put it into the fund.
Frantz Duclervil, after receiving clarification that the rezoning process would not stop and that the fund would be gone if litigation was pursued, stated that the City should consider more than one month of free rent, which he did not consider to be enough for people who are living paycheck to paycheck.
Aaron Vantrease presented a Composite Exhibit to the City and made an official, for the record, records request for the Exhibits presented by the applicant. Mr. Vantrease stated that the first request had been mailed to Director of Development Services Sheila Rose approximately two days previously. He also referred to Paragraph 8 of the agreement, which states that to collect the $4300 the resident must have a clear and free title. Mr. Vantrease noted that in order to go to the Florida relocation fund, the title must be available, and he asked if this was a conflict in the wording.
Mr. Stuart pointed out that until the notices were given and the process in order, no one was entitled to anything from the State.
Jose Delgado, 4701 Lyons Road, #170, felt that if there were no compensation because one person files litigation, it would encourage other residents to file litigation as well. He encouraged all the residents to help prevent anyone from filing litigation.
Sarah (last name inaudible) thanked the Commission for starting the fund and noted the City was not required to do this. She also thanked the seller and developer for redirecting the $200,000.
Ken Kennedy, 4701 Lyons Road, #166, asked if he would be entitled to the money should he move before the 30-day litigation period was over. Mr. Stuart stated that if Mr. Kennedy was a resident who qualified under the terms and if he lived there on June 9th, he would qualify. Adding further clarification, Mr. Moskowitz stated that under the agreement the last month’s rent would be free; however the Board would have to deal with this issue after all the notices have been sent.
Guillermo Zapata, 4701 Lyons Road, Lot 23, asked how anyone would receive title to their mobile me if the home were mortgaged, since title was needed to receive the funds. Mr. Stuart suggested that Mr. Zapata contact his finance company and advised of a special needs clause in the agreement that may provide some assistance with that issue.
A person (Name inaudible), Lot 131, felt that if was unfair to the residents who were in agreement to the settlement if one or more residents decided to sue. Vice Mayor Waldman responded that the answer to the question was that it was not fair, but unfortunately the persons who may ruin the deal for everyone has already left the meeting and chosen not listen to other people. The Vice Mayor suggested that it was up to the residents to convince no one to file litigation so that no one would lose on this agreement, and he stated that the developer, the park owner, and the City had accomplished a great deal for all of the residents; however, unfortunately some residents do not recognize this fact.
Vice Mayor Waldman stated that he had another modification to the agreement.
Mayor Gerber requested a five-minute recess. 9:02 p.m.
The meeting was reconvened at 9:10 p.m.
Vice Mayor Waldman offered an amendment in Paragraph 6 by adding the words “or repay” after forgive in the first sentence. The sentence would then read, “In addition to disbursements from the housing assistance fund provided for by this agreement, Coral Lake shall forgive or repay the final month of rent.” The Vice Mayor explained that this would cover a circumstance in which the resident could be reimbursed if they had paid the last month’s rent. Mr. Moskowitz stated that was acceptable.
MOTION: Waldman/Sarbone – To amend Paragraph 6 as herein stated.
Upon roll call, the motion was passed on a 3-0 vote.
Sheila Ullom stated that the residents were told two weeks ago that they had six months to move and now there is only 60 days or the resident loses the incentive money. Mr. Stuart responded that the residents have not yet received the statutory notice; however, when received it will state the premises must be vacated within six months. He added that the agreement provided different payments within that time period should the resident leave earlier than six months. Mayor Gerber added that two weeks ago there had been conceptual discussion that the payments would be different. Ms. Ullom suggested that the first date for the incentive money should be 90 days because it takes 90 days to move into some apartments. Mr. Stuart stated that the Board would discuss any special needs.
Jose Delgado, 4701 Lyons Road, #170, gave his understanding that the monies were an incentive to leave early and not reduce the initial amount. Mayor Gerber noted there would be a set amount in the fund and whoever leaves earlier would get a larger amount. Vice Mayor Waldman added that the Board would be handling all the special requests and he pointed out that moving within 60 days a resident would receive $4,300; within three or four months $3,500; and months five and six, $2,750. Mr. Moskowitz explained that the intent was to establish a base line number that every resident could count on receiving for the relocation, which was $2,750, plus the last month’s rent free. He added that the incentives and the Board’s addressing special needs were to further help the residents.
Janice Ellery stated that the lawsuit was unfair to the residents and to the person who might want to file the suit and she expressed concern about harassment or physical harm to the person filing suit. Ms. Ellery stated that she was waiving her right to the funds, as she has an issue with the rezoning, and she does not need the funds to relocate.
Steven Williams, 4701 Lyons Road Lot, #114, asked regarding the filing of a class action suit against the City for the penalty of the agreement becoming null and void if one person started litigation. There was continued discussion between the residents and the Commissioners regarding a potential lawsuit.
Mr. Stuart interjected that this was not a debate and that individuals could not repeatedly persist in coming up to the podium to address the Commission. He reminded the audience that the Commission represented the residents of the entire City, which must be taken into consideration with all decisions.
Sheila Delgado, 5061 Wiles Road, thanked the Commission for the funds, which would help her father and her daughter who both live in the park. Ms. Delgado felt that if the Board was established, persons could be persuaded not to file suit. Mr. Stuart cautioned that the Board would not exist for the 31 days. Commissioner Sarbone said none of this would prevent the residents from having a meeting and trying to prevent any lawsuits.
(Name inaudible) # 132, asked how the residents would be notified if a lawsuit was not filed. Mr. Stuart noted that the City would advise the residents. On the 31st day, after determination by the Clerk’s office, the City Manager’s office would work on providing a notice. Ms. Amed thanked the Commission.
Cheryl Hughes, #34, noted that the children would not be able to stay in the Coconut Creek schools if they are not living in the City. Vice Mayor Waldman said that they stay in the school for the school year once enrolled, and Commissioner Sarbone stated that, in order to keep them in the same school, a reassignment must be applied for. Ms. Hughes indicated that the parents were being told different information by the school representatives. Mr. Stuart asked the names of the schools, and Ms. Hughes indicated Tradewinds Elementary and Lyons Creek Middle. Mr. Stuart noted that the City would contact the schools to make sure the information was correct, but he cautioned that the City was not the School Board.
Frantz Duclervil felt by withholding the fund for the 31 days more lawsuits would be generated against the City. The Vice Mayor explained that there was a 30-day period to file litigation.
Robert Perkis explained to the Commission that after the November 10th Planning & Zoning meeting he had consulted with an attorney expert in suing mobile home park owners closing their parks. He advised that, in lieu of a share in the settlement, the attorney wanted $50,000, which would be $250 from each resident in return for more time and double the small amount of money the State provided. He thanked Mayor Gerber, Vice Mayor Waldman and Commissioner Sarbone, and Mr. Kelly for setting up a relocation fund for the residents that they could not have won on their own, and he hoped the City of Coconut Creek would be an example for the rest of Florida when these issues arise with other mobile home parks.
Kevin Beck, 4701 Lyons Road, #58, thanked the Commission for their time and effort and expressed appreciation for all that had been done, although he wished the park owner and the developer could have contributed more toward the relocation fund as the amount being disbursed is not adequate.
Commissioner Sarbone commented that on and before June 9th he had been against this fund since all the residents of the City were not involved. However, he was now convinced that this is the right thing to do. The Commissioner noted that there was no legal obligation for the City to do this, and he felt the City had done the best they could for the residents.
Mayor Gerber credited Vice Mayor Waldman with taking the lead and pulling this together. The Mayor expressed her pride in the Commission for their work on this issue.
Mr. Kelly commented that Mr. Perkis had been tenacious, thorough in his documentation, and a gentleman. Mr. Kelly expressed his respect for Mr. Perkis and his mother, who attended all the meetings.
Vice Mayor Waldman stated his sincere hope that the fund would go forward and that no one would file a suit to harm anyone else involved. The Vice Mayor felt the City could be a model for the State of Florida as to what could be accomplished by working together.
Upon roll call, the motion was passed on a 3-0 vote.
A. MOTION TO ADOPT> a resolution authorizing the City Manager to execute the attached agreement between the City and Grubbs Emergency Services, LLC, for debris and disaster recovery technical assistance. (RESOLUTION NO. 2005-62)
MOTION: Sarbone/Waldman – To adopt Resolution No. 2005-62.
Upon roll call, the motion was passed on a 3-0 vote.
28. ADJOURNMENT
The meeting was adjourned at 9:45 p.m.
Barbara S. Price, CMC
City Clerk