Here’s The Scoop……KICKED TO THE CURB OR CAT GOT OUT OF THE BAG?…
May 23, 2009 by Barbara
THE LAST ONE’S OUT ?…
Dear Readers…The Palm Club was promised sewers…both by Pompano Beach and LBTS…and depending on who you speak to…it would be done under the annexation agreement along with their neighbors using septic and living on public streets or it would be done for the “greater good” along with the other private road Sunset Lane …due to, some say, the potential environmental hazard they posed for the Town if left in place….
As the Palm Club waited its turn and watched its neighbors including Sunset Lane, the “cat got out of the bag” and was heard by those in the dark concerning Palm Club’s “horizontal co-op/condo” status…until outgoing Mayor Parker said he had just become aware of its “status” when he had gone to Palm Club to see about purchasing a property there…Residents of the Palm Club and others involved in the annexation agreement said Mayor Parker absolutely knew from the get-go and he was giving Palm Club payback for not backing him to make another run for Mayor…Whichever was true…this news became a hot potato in the next election…pitting those who wanted to honor the agreement, and hung their hats on the environmental issue vs. those who lived in condos such as Sea Ranch Club, who were vehemently against using taxpayer monies on a private property…And when Sunset Lane was brought up as the reason to go forward with Palm Club…the response coming from these “vertical” condos was “make them pay it back!”…..Readers will recall in the Sausage Series (cat.) the recounting of the campaign for CIC candidates and the McIntee-MacMillan push for the sewers…trying to make the CIC candidates change their stance and back them…While Peanuts Wick happily “flip-flopped” as he was counseled by the M & Ms…Candidates Clottey and Dodd stood their ground opposing it….Readers will also recall that then- Comm. McIntee did a 180 at a debate practice night once he saw that the votes against the sewers would give the CIC in the win from SRC ….far outnumbering Palm Club’s votes….Recently Vice- Mayor McIntee gave the Palm Club another dose of “pulling the rug out” from underneath them with his P.R. stunt of saying he thought they qualified for the Shovel Ready Stimulus Program being offered from the Federal Government…conveniently leaving out the fact that Palm Club was a private property (“details” he said)…Eventually it went the way most thought it would…We hear Congressman Klein said the fund could not be for a private property (hearsay)…All the while the Town was assisting Palm Club with VM McIntee…….the Town knew Palm Club was preparing to follow through on their Bert J. Harris suit…with boxes of public records requests being produced in Town Hall…resulting in a double standard of the Town’s actions…when compared to the Marchelos brothers and the Town’s refusal to speak to them, much less help them in any capacity!…
Count III of the May 19,2009 Palm Club complaint deals with the sewers….
Public record…also to be discussed in a “shade session” on May 26,2009 with the Town Atty. and the Commission…
Excerpts and description of the sections of the complaint…
COUNT III
Specific Performance Of Annexation Agreement With Regard To Sewer Installation
The Palm Club re-alleges paragraphs 1-13…(same as previous post for property/heights)….This is an action for specific performance of a written contract to install sewers with a value in excess of $15,000, located in Broward County, Fl….Under the Annexation Agreement , the Town and SBCA (South Beach Civic Assoc) acknowledged that: There will be excess revenues generated from real and personal property located within the Intracoastal/Beach Area including ad valorem taxes, franchise , utility or other fees, or special assessments or service charges net of cost and expenses of the Town in providing municipal services to the Intracoastal/ Beach Area. Consistent with its legal authority to do so, the Town agrees that, for a period of no less than ten years, such excess revenues will be expended upon capital improvements to be provided within the Intracoastal/Beach Area…Anticipated capital improvements include, but are not limited to, sanitary sewers, including mains, laterals and points of connections to private property….Annex. Agreement paragraph 11 also provides the Town acknowledges that SBCA is relying upon Town’s representatives as to its authority to enter into and perform its obligations under this agreement…in furtherance of its obligations under the Annex. Agreement , the Town adopted Town Resolution 2005-06…Annex. Agreement , adopted in Town Resolution 2000-1458 and further implemented through Town Res. 2005-06 is a valid agreement between Town and SBCA, that was intended to benefit Palm Club among other entities and persons…Town Res. 2005-06 provides that the Town was “authorizing and directing the appropriate town officials to include the Sunset Lane and Palm Club Drive in the Town’s pending sewer improvement project” through the adoption of Town Res. 2005-06…intended to implement the Intracoastal/Beach Area Capital Improvement Program that upon information and belief included installation of sanitary sewers on Palm Club Drive within the Home Property….Town expressly contemplated cessation of use of septic tanks in the areas that would be connected to the sanitary system…In reliance on Town Res. 2005-06 Palm Club continued to rely on the applicable provisions of the Annex. Agreement and the Town’s repeated representations that the sewer lines were to be constructed on Pal Club Drive with the Home Property ….The town put the sewers in on Sunset Lane …Sunset Lane was annexed in at the same time…Sunset Lane is a private road with private residences….Pursuant to the Annex. Agreement and in addition to Sunset Lane the Town put sewers in all the residences and real property in the Intracoastal/ Beach Area/annexed area ecept for Pal Club Drive and the residences on the Home Property…Pursuant to the Annex. Agreement the Town is obligated to install sanitary sewers on Palm Club Drive and within the Home Property, to which the residents of Palm Club will hook- up their single-family homes….Upon information and belief the Town already incurred expenses and began to perform under its obligations relating to the installation of the sanitary sewers for Palm Club, including but not limited to already having ordered and received the 60% and 90% engineering plans in preparation for beginning the installation of the sewers that were promised…Furthermore upon information and belief the Town secured funding to complete the installation of such sewers…Notwithstanding the foregoing, in May of 2008, the Town adopted Res. 2008-14…provides that Res. 2005-06 is hereby amended to omit all references to Palm Club Drive…By its adoption the Town determined that it will not install sewers in Palm Club…By the adoption of Res. 2008-14, the Town has confirmed the Town’s breach of the Annex. Agreement…SBCA and Palm Club have to date fully performed their obligations under the agreement…If court was to award compensatory damages to palm Club for Town’s breach of Annex. Agreement, such damages would be inadequate to afford complete justice between parties, because no amount of damages will result in the Town itself performing its obligations under the Annex. Agreement…A judgment against the Town for specific performance of the Annex. Agreement is appropriate because damages would be adequate to compensate Palm Club for the Town’s breach of the Annex. Agreement…the Plaintiff Palm Club respectfully demands judgment the Town of LBTS be required to perform its obligation under Annex. Agreement and install sewers along Palm Club and within Home Property…that Palm Club recover costs pursuant to Fl. Statute…and Court grant such other and further relief in favor of Palm Club as the Court deems appropriate and just…
Count IV
Breach Of Annexation Agreement With Regard To Sewers Installation
This action seeking damages in excess of $15,000, and is pleaded in alternative to Count III…As result of Town Resolution 2008-14, Town breached the Annex. Agreement….Upon information and belief, if Palm Club is required to perform the Town’s obligations itself, it will cost Palm Club in excess of $3,350,000 to install sanitary sewers along Palm Club Drive and within the Home Property…As such, Palm Club has been damaged as a result of the Town’s failure to install sewers the Town represented it would install in an amount necessary to install sewers to provide service to its residents…Wherefore the Plaintiff Palm Club respectfully demands judgment for damages against Defendent, Town of LBTS including all expenses of Palm Club to install sewers and that Palm Club recover costs pursuant to Fl. Statute…and Court grant such other and further relief in favor of Palm Club as the Court deems appropriate and just…
Count VII…Declaratory Relief With Regard To Sewer Installation…
Equal Protection….
The Town has installed sanitary sewer improvements for private residences on Sunset Lane …cost at least $750,000,….for a significantly lower number of Town residents and taxpayers than number residing in Palm Club….the Home Property is only real property in Intracoastal/Beach Area /annexed area of the Town on which the Town has not installed sewers…Palm Club has an actual, practical, present, need for declaration as to whether the Town’s adoption of Resolution 2008-14 constitutes unequal and inequitable treatment of Palm Club as compared to the other property owners and residents in the Intracoastal/ Beach Area/ annexed area and the Town in violation of the Equal Protection Clauses of the Constitutions of the State of Fl. and the U.S…and a need for declaration as to whether the Town’s refusal to abide by its agreement constitutes a violation of the Equal Protection Clauses of the Constitutions of the State of Fl. and the U.S….Palm Club and the Town have antagonistic and adverse interests in the subject matter of the above-set forth controversies….The antagonistic and adverse interests relative to the above-set forth controversies are all before this Court…Palm Club does not have an adequate legal remedy with respect to the above-set forth controversies….Palm Club reserves any and all rights it has to seek supplementary relief as a result of any declaration made by this Court pursuant to Fl. Statute…
BC- So…. the “horizontal co-op/condo” we have used to explain Palm Club’s status is now to be referred as the “Home Property”….and the Palm Club is seeking what they say is equal treatment in the Intracoastal/Beach Area…. ..asking the Town to abide by the annexation agreement with the SBCA who represented the whole Intracoastal/Beach Area and agreed to sewers for all….
more to come….
