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Minutes 02-10-77MINUTES OF SPECIAL CIT~ COUNCIL MME~TING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD IN CITY HALL, THURSDAY, FEBRUARY 10, 1977 PRESENT Joseph F. Zack, Ma~or Emily N. Jackson, Vice Mayor Richard D. Caldwell, Councilman Joseph DeMarco, Councilman Norman F. Strnad, Councilman Frank Kohl, City Manager Tereesa Padgett, City Clerk Gene Moore, City Attorney Hayer Zack welcomed everyone and called the meeting to order at 3:00 P. M. He announced it was a Special Meeting called in accordance with Section 56 of the City Charter of the City o£ Boynton Beach Eot the p~rpose to discuss Village Royale, Inc. Mayor Zack announced that they finally r~ceived a letter from Mr. Bludworth and he requested Mr. Kohl to read it. Mr. Kohl read the attached letter from Mr. Bludworth. Mr. Caldwell made a motion that the City Council direct the City Attorney to petition for a rehearing on this case based on this informatio~ just read into the record by City Manager Frank Eohl. Ms. DeMarco seconded the motion and requested that the letter be made part of the minutes. Under discus- sion, Mayor Zack requested an opinion from the City Attorney and Mr. Moore replied that addressing h~elf to the motion, his firm recommendation would be to accept ¥~. M¢Cartk¥'s settlement proposaliin his letter of February 4 in the best interest of the City and taxpayers as a whole. In this sit- uation, he thinks Mrs. ~ludworth has i~jected himself into a purely local matter and he questions the advisability of the interference. He explained how he felt this was asking the City to place in jeopardy their t axpayers and each Council member s~bject to the final decision. He further explained how there was a strong p~bility that a malicious prosecu- tion suit would result against the City and taxpayers. is an individual civil matter and should be ~esolved hy the parties; the City aud taxDayers have no place being in this litigation. The only purpose which could be effe~tedl by getting involved in an appeal would be the determination that Judge McIntosh was incorrect in his appligatio~ of the law regarding statute limitations. In re~iewmng t~e transcript, it is replete with errors.. He discussed this mat~er with Mr. Bludworth and he specifically withdrew a~y ievat~a~ion. Hr. Bludworth has not rea~ the transcript an~ ~w caml he advise them to appeal it with not having:rea~ i~? He re- quested him to read.it and c~ll him bagk, bnt h~ has not heard from him. Thms could Be detrime~%al to the m~nici- palities in Florida, There is a serious question imhis mind as to whether or not it is correct~ and he feels it is not. _Mr. Strnad stated that he feels the taxpayers of this City are entitled to whatever ~id_we ca~ g~ve them in pursuing this. He sees no reason wna=ever ~o ±eave something of this MINUTES - ~PECI&L CITY COUNCIL MEETING FEBRUAR~ 10, 1977 ~0YNTON BEACH, FLORIDA magnitude go by the wayside. These people voted for us and we should give them help. Mr. Caldwell stated that he knows this started about two yea~s ago. He also knows that the former members of the Council suggested perhaps that the City might indeed take Village Royal~, Inc. to court provided the residents do not sue the City. Unfortunately, this put all future Councils in a jeopardized position. He concurs with Mr~ Moore that at the onset, it should have been resolved by the individual owners and constructing corporation~ How~er because our involvement has been so binding', he feels if we were to back out we would not only be doing all the residents an injus- get involved at the Beginning; however, a decision was made mad it is our responsibility at this time to follow through involved in as far as purchasing from a builder, etc. thiuP~ it also should serve notice that this Dartic~lar Council is determ~ued to defend the r° ~ ' ~ghts of the of Boynt~n Beach as a whole. We have comi~edourselves to defend the residents of the Laurel Hills ar~a vs. ~em on the basis of peace of mi~d and health and welf~ made the motion so the DeoDle k~ow this Co~cil is ~t another s~ction. It is the questio~ of estab~ishing~-order as t~_~w t_his ~.o~.~il and smbS~uent C0u~¢ils wiI1 de£end the r~gn~s oz ineiVidual ¢itizeas in the City, Mayor Zack asked j~st what lie~ befome them if they went as far as they could and lost ~u% and Mr. Moore replied that ~rocedurely there is a time limit to petition for a rehear- · ng. Judge McIntosh can grant it and possibly rehear the ~o~_c~a~_~ or t~e i~sue o~h$ stat~tefof limitations. If ~ a~e~ a renear~ug anG set aside a decision or Dart of it~ then t~e City ~st makethe decision whether to-appeal that decision and it goes te the district court of appeals. H? cannot judge what would hapoen if it went against the C~ty all t~e way. Village ~o~le, Inc~ have indicated they wi]/ go against the City an~ ~wners for damages. Mr. Caldwell 8~ked if in the event Judge McIntosh did grant a rehearing and reversed his decision on the statute of limitations, would it not revert to retrail of the entire case and M~. MOore replied: no and he referred to the first sentence of the order for clarification. He explained that it basically meant that he could leave that part stand and then the City would be back in the position again of decid- ing whether to have the City request the State Attorney to -2- MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 10, 1977 proceed with bringing the man to trial. In a companion case, the City is under an injunction not to prosecute this man. He explained how this was another civil suit which may be continued if the Council decides. He t~nks they are going to run back into the injunction. He thinks it will be made perfectly clear that ~. Bludworth is only interested in the aspect of the case ruling regarding the statute of limita- tions. Mr. Bludworth has not read the transcript. Judge Mcintosh could simply reverse or change his decision on the statute of limitations. He exp~ed how Mr. Dittman told him that particular aspect was not eve~ argued. Mr~ Caldwell stated that if he did receive an unsust trial, weuldn, t it be best to give the man a fair trial to be exonerated or convicted? In reply, Mr. Moore invited him to read the evi- dence submitted by the City to see if he t~oaght he should be given a retrial~ ~. DeMarco referred to the possibility of a precedent being set and stated that this could be an important decision throughout the State. Mayor Zack stated that he personally feels since Mr. Bludworth has taken this position, he must be sure a hearing will be granted. ~. Moore replied that Mr. Bludworth has heartburn about the statute of limitations, but it really does not have much to do with the overall problem. He does not know about the fact there are various other civil suits pending. He could win his point and we will be left with the convic- tion overturned and the inability to get that reversed. That part of the order would stand. Mrs. Jackson questioned what heppened in the meantime with the other part and Mr. Moore replied that we are under aa injunction not to prosecute the developers until the civil suit is resolved. Thatapparently is at issue and possibly could he set for trial in the latter part of this year. The civil court would only resolve whether or not these charges were justifiably brought against this. It is very involved getting into the basic defenses he raised a~d also, M~. Gross did not have control of the condominiums. Mr. Gross had turned the condominiums over to the owners when he was accused of doing certainth~ngs.' These are issues in- volved in the court. The same basic complaints were made against him in the civil suit and also these criminal pro- ceedings which were appealed. Mrs. Jackson asked if this would be violating the injunction and >~. Moore replied that he did not think so, but the technical point is that someone could alledge they did. Mrs. JacP~on asked if they could turn to ~. Bludworth to bail them out and Mr. Moore replied that they could. ~. Moore added that in reference to the charges, they must pay for the cost of the appellate record which would be $500 to $600. Asrrequested, F~s. Padgett then took a roll call vote on the motion as follows: -3- MINUTES - SPECIAL. CITY_ COUNCIL MEETING FEBRUARY 10, 1977 BOYNTON BEACH, FLORIDA Councilman Caldwell - Aye Councilman DeMarco - Aye Vice Ma~or Jackson Aye Councilman Strnad - Aye Mayor Zack Aye Motion carried 5-0. Mr. Moore referred to the motion directing the City Attorney proceeding with this and stated ~Z~ is very involved and was just dumped on him and he would recommend that M~. Dittman, who has handled it all the way through, be asked to conti~ue. Mr. Joseph Aranow appeared before the Council a~d requested that they hear him first. He advised that he did not want to say a~ything while they were contemplating this as he did not want to ~uterfere. He has a statement to make, which he thinks is very important. They h~ve mi~ed up~a lot of civil cases with a criminal case. This is a criminal case and based upon the law of Florida and ordinance of ~oynton Beach. Because of a violation on this property being short of.parking spaces, it is a criminal offense.. The only person which couid bring criminal charges rightfully is the City of Boynton Beach and not him as a citizen as Mr. Moore cls~med last night. Mr. Aranow continued that insofar as Mr. Dittman ha_~dling this, he does not know if Mr. Dittman had any charge of this. Ne objects to him handling it. Mr. Bludworth has sta~ed he will prepare all the papers necessary if Mr. Moore tells him the City C~?-~cil.has passed this. Also, the le~tter states in the event there ls an appeal or new trial, Mr. Bludwor~h will take care of the whole thing. From what he heard read, it states if this is sent back to the lower court, Mr~ Bludworth will be able to proceed with it as though it was a newissue. InsoE~r as Mr. Dittman, he does not know iflthe City Council ~veMr.,Dittman the authDmity and Mayor Zack informed him at the~ had. Mr. Aranow continued that he strongly objected to Mr. B~ttma~going ahead, The case Judge McIntosh de~ided the paP~ng ~iolati0ns on was overruled ~ the Supreme Court of Alabama~ Judge Mctntosh stated he did ~ot have the help necessar~ to check all certai~ aspects and he ca~ understand how he o~erlooked checking the reversal of this case. He can Eorgive ~dge'McIntosk, ~ut n~t Mr. Dittma~who was represent- ing the ~ity for not checking the case to find out if the .~as~wa~verruled. Mr. Dittma~ should h~Ve found the cases ~lor~a governing in this matter.. Under the circumstances, all ~ ~o0re has to do is tell Mr. Bludworth to go ahead. He does mot have to worry about who will be in court to answer or what. Mayor ~ack asked for the Council members opinions regarding the representation by Mr. Moore or Mr. Dittman. MI~JTES - SPECI.~L CITT COUNCIL MEETING FEBRUARY 10~ 1977 BOYNTON BEACH, FLORIDA Mrs. Jackson stated that she would have more confidence in having Mr. Moore handle this than ~. Dittman. She feels Mr. Moore is more experienced and can draw up the papers. Me. Moore advised that the statement made by ~o Aranow was not correct. He referred to the letter and pointpd out that the State Attorney has no standing in the petition for re- hearing, He offered his personnel to do research, but the City must have someone file the petitions and go through the arg~m~ents, Me can help in the back~round at this point in the proceeddugs. If the overall decision is reversed, his office could cBme into it at that point. He has no standing to f~tiom anyone to appear in court. Mayor Zack stated that he agreed with the Vice Mayor that the City Attorney should handle this case because M~. Dittman does not have the experience. He will definitely go along with Mr. Moore. Mr. Caldwell added that Mr. Moore took the position to handle all cases for the City for $25,000 per year and he is duly charged by the Council to hamdle matters such as this. Mrs. Jackson stated again that she feels Moore is qualified and Mr. DeMmrco agreed. ~v~, Moore stated that this was putting him in an position with him giving adviee not to pursue and then send- ing him to court to defend it. He thinks Mr. Aranow is not in agreement with having him the counsel. He does not want to go there and have it happen and then be accused on the other hand by these people that he took a dive. They would feel better and have influenced the Council in their decision. He thinks Mr. Aranow would feel better in this particular case to have someone who feels more affirmative about the City's position. He recommended Mr. Dittman because he has been working on this case throughout. Mr. DeMarco replied that he didn't feel Ms. Dittmanwas as ~ualified. M~. Caldwell stated that the Council made the decision to hire a City Attorney to handle the City,s affairs. They made the decision to hire Mr. Moore. They were elected to maintain a budget in the legal area and it was set at $25,000 per year and they have made a commitment to that. He made a com~Ttment to hire Mr. Moore to handle the City's affairs and this commitment should not be shirked. Mayor Zack referred to M~. Moore feeling he would be blamed if they lose the case and he thinks this should be considered. Mrs. Jackson added that she believes Mr, Moore has taken Cases before which he did not firmly believe im ~d fought for him client and did a good job. Mr. DeMarco moved to hire Mr. Moore. He has full confidence in him and doesn't think he will take a dive. ~ it is nec- essary toggive him help, they could provide it later. Mrs. Jackson seconded and Mr. Strnad explained that a motion was not in order. ~. DeMarco clarified that it was just a sug- gestion. -5- See 2-15-77 Minutes MI~KGTES - SPEC IAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 10, 1977 Adjournment Mrs~ Jackson moved to adjourn, Motion carried unanimously and adjourned at 3:35 P- M. seconded by NEo DeMarco. the meeting was properly CITY OF BOETON BEACH, FLORIDA ATTES_. Vice Mayor Council Member Council Member ~City Cerk Recording Secretary (One Tape) -6-