HomeMy WebLinkAboutMinutes Executive Session 0907950
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EXECUTIVE SESSION
TOWN COUNCIL
CITY OF PALM BEACH GARDENS
September 7, 1995
7:45 - 7:50 p.m.
PRESENT:
JOSEPH RUSSO, Mayor
BOBBIE HERAKOVICH
LAUREN FURTADO
LINDA MONROE
DAVID CLARK
ERIC JABLIN
THOMAS BAIRD, ESQ.
JANE PASTORE, Court Reporter
r."'-#`E R T I F I E D
COPY
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P R O C E E D I N G S
MR. BAIRD: We are here on Sun Terrace at
the Gardens versus City of Palm Beach Gardens.
The city manager and I participated in two
mediation sessions with a court mediator. What
we wound up with in what we believe is an
agreement and what we would recommend to you as
an agreement is essentially:
We committed the city to no improvements
other than putting up the lights, committed no
dollars to improving MacArthur Boulevard,
installing any landscaping. I don't believe we
even committed any dollars to the parking lot.
In terms of the time as the issue, you
will recall that you all had agreed to install a
timer and have the lights go out at 9:00
o'clock. The issue was left open, though, as to
the weekends.
And when we advanced the position of the
city that we weren't willing to -- we wanted to
be able to go to midnight on weekends, what we
wound up with as a position was they would
accept 9:30 on weekdays, that is Sunday through
Thursday, and 10:00 o'clock on weekends.
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The only other issue was the city's -- the
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issue of the case being filed as a class action.
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It has never been certified as a class, and so
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my position was we don't want to settle this
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case and then be put in a position where
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somebody else comes back later and says, hey,
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I've got a problem with the lights at 9:30, and
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institute their own action.
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So what was agreed to was that the parties
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would execute an agreed order dismissing the
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pending second amended complaint with leave to
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amend and the reference to the class action
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would be deleted.
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So that if the action would be brought
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solely by the members of the homeowners
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association, not in a class but as the
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association, a legal entity, and the plaintiffs,
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then we would settle the case and the plaintiffs
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then would agree to indemnify the city up to
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$3500 in our legal fees in the event anyone from
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the association challenges the stipulation or
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files a lawsuit separate and apart from their
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association.
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And that's it.
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MR. CLARK: Tom, you said the complaint
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would be dismissed with leave to amend.
Why would we allow leave to amend rather
than dismiss suit or enforce the settlement
agreement?
It sounds like it's a good procedural
explanation, and I am just curious what it is.
MR. BAIRD: Because, basically because
they don't want to do it that way.
MR. CLARK: That's a good procedural
explanation.
MS. HERAKOVICH: So the liability there is
what?
MR. BAIRD:
MR. CLARK:
MR. BAIRD:
MR. CLARK:
MR. BAIRD:
suggesting it --
The liability there is --
It could be refiled.
Well --
Conceivably.
The liability, the way you are
MR. CLARK: If the lawsuit is dismissed
with leave to amend, then conceivably it could
be refiled later.
MR. BAIRD: It will be refiled and then
the stipulation will be executed between the
association without the class status. The class
representation will be removed. It will be
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1551 FORUM PLACE, SUITE 500 -B
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refiled. And then we will execute a stipulation
settling the case with the association as the
plaintiff instead of a class of persons as a
plaintiff.
MR. CLARK: Okay, then you have
explained it.
Thank you.
MS. HERAKOVICH: Tom, could you go into a
little bit for the -- the council's viewpoint:
First of all -- and I will do it brief --
an explanation why we said 9:30 and 10:00.
This order will be with us forever; when
there is a Costco or a Pep Boys that's behind
Lake Catherine, and if those turn into rental
units down the road, we are still going to have
this to live with.
If we decide to have a bop - till - you -drop
event, a concert in the park that goes -- the
lights are going to have to go out at 9:30 or
10:00 o'clock.
I just wanted you to understand the
severity of that action. We think that we have
a good settlement. It's more than we had hoped
for.
But I want you to understand that any
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individual can then file us as being in contempt
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of court if the lights are on later than those
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times that we specified. And that's why we gave
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ourselves a little bit of leeway.
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What happens if there is a lightening
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storm and it got broken --
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MR. BAIRD: Not any individual; the
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association would be the only --
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MR. CLARK: They can enforce it.
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MR. BAIRD: -- plaintiff withstanding to
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enforce it. An individual would have to go to
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the homeowner's association and ask them to
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enforce it.
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MS. FURTADO: Considering that area, we
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don't have the parking over there like we do in
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other areas, the chances of us using that park
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for bob- till -you -drop or anything going on late
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is slim to none.
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MR. RUSSO: I think the council has
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committed not to do those things.
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MS. HERAKOVICH: We do use it for
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concerts. So I just want you to know.
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MS. FURTADO: That's the parameter to keep
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in mind.
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MS. HERAKOVICH: We were trying to look
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into the future.
MR. RUSSO: We may have other cites into
the future.
MS. HERAKOVICH: This may not be
important.
MR. RUSSO: I think it's an excellent
settlement and I think we should go forward with
it.
MS. HERAKOVICH: We are pleased.
That still gives the opportunity for the
council, when asking to do a permit with the
city, to say that games must be completed by, or
the last games should start at 8:15 or --
MS. FURTADO: As a parent with kids, I
think that's reasonable.
I'm sorry.
MS. HERAKOVICH: This buys us a little bit
of --
MS. MONROE: She can't get this if two
people are talking at once.
MS. FURTADO: She's good.
MR. RUSSO: What should we do?
MR. CLARK: Aye.
(Aye.)
MR. RUSSO: Let the record show everybody
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1551 FORUM PLACE, SUITE 500 -B
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shows "aye."
(Thereupon, at 7:50 o'clock p.m., the
executive session was adjourned.)
LEY AND MARSAA COURT REPORTERS, INC.
1551 FORUM PLACE, SUITE 500 -B
WEST PALM BEACH, FLORIDA 33401
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Z
C E R T I F I C A T E
THE STATE OF FLORIDA,)
COUNTY OF PALM BEACH.)
I, Jane Pastore, Registered Professional
Reporter, do hereby certify that I was authorized to
and did report the above meeting at the time and place
herein stated, and that it is a true and correct
transcription of my stenotype notes taken during said
meeting.
Dated this 10th day of October, 1995.
Jane Pastore, RPR
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1551 FORUM PLACE, SUITE 500 -B
WEST PALM BEACH, FLORIDA 33401