11/24/1992 - Laserfiche WebLink

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_1 BOOK 88 F-aGE I19 Attorney Vitunac commented that the only way for the County to remain neutral would be if both parties made payments to the Court Registry. That also would save significant penalties and interest. Commissioner Bird understood that Judge Kanarek ordered mediation, and the Board made its decision on October 20 based on the fact that the parties would be going through the mediation process. Attorney Brown related that -the Court withdrew its order to mediate because of the Board's decision on October 20. Attorney Vitunac confirmed that after the Court learned that Attorney Barkett, who represents the mobile home park residents, appeared before the Board of County Commissioners, the Court said there was nothing to mediate because, in effect, the BCC is acting as a mediation board. Commissioner Bird asked, and Attorney Brown responded that the current indebtedness is $75,000 -to $80,000 and is increasing at about $15,000 a month. Utility services Director Terry Pinto added that during the winter season the bills will be about $20,000 per month. Commissioner Adams asked whether an alternate water source is available to Heritage Village. Attorney Brown explained that Heritage Village Mobile Home Park originally had a private utility system which provided free water to the tenants, which cost the park owner about $8.00 per month per lot. When the mobile home park was connected to County utilities last year, the mobile home park owners reduced the tenants' rent by $8.00 per month and the individual tenants were expected to pay for water. However, the tenants want their rent reduced by the amount the County is charging for water. Attorney Vitunac stressed that staff has been asking both parties to make payments into the Court Registry all along. This will allow the current utility charges to be paid from those funds and the prevailing party would receive the balance of the funds. Attorney Larry Barkett, representing the Heritage Village Mobile Home Park residents, pointed out that the tenants have offered to pay this water bill if the park owner would reduce the rents accordingly because the park owner agreed in the rental contracts to pay the utility charges. Attorney Vitunac disagreed, and advised that the County's contract requires the property owner to pay only up -to the 30 -day rule. He felt Attorney Barkett is asking the County to decide the issue, but Judge Kanarek should decide the issue. Commissioner Bird asked, and Attorney Vitunac responded that the 30 -day rule is based on a County ordinance. The County's 18