Minutes 02-09-77MINUTES OF SPECIAL CITY COUNCIL MEETING OF THE CITY OF BOYNTON
BEACH, FLORIDA, HELD IN CITY HALL, W ~
EDNESDAY, FEBRUARY 9, 1977
PRESENT
Joseph F. Zack, Mayor
Emily M. Jackson, Vice Mayor
Richard D. Caldwell, Councilman
Joseph DeM~urco, Councilman
Frank Kohl, City Manager
Tereesa Padgett, City Clerk
Mayor Mack called the Special Meeting to order at 9:30 P. M.
Ee announced the purpose of the meeting was to report infor-
mation from State Attorney David Bludworth~s Office in refer-
ence to Village Royale on the Green.
Fmyor Zack announced that the City Manager tried to get this
information, but was unable to as Mr. Bludworth was in Tal~a-
hassee. Mr. Kohl read the attached report regarding his
activities today in this matter. Nayor Zack apologized for
not having this information and being unable to proceed as
intended tonight. They must wait for the informatien from
Mr. Bludworth before proceeding. If am appeal is going to
be made, it m~st be made by February 14 and they will ask
Mr. Bludworth for an extension of time amd if not possible,
a special meeting will be called Before the~.
Mr. Joseph Aranow appeared before the Comncil and stated
that he coutd~nderstand the fact that they must hear from
_Mr. Bludworthin order to elucidate to some extent the con-
~e~ts of his letter. He th~ it is imoer~t~w~
i~ must do som ....
t~ r . e~nzng.by ~February 1~. Mr, Moore mndicated
~_n~_~ ~ ~ens~gn_ of t%me would be given.andlhe does not
~ow zx~z~ ¢ou+e De ha~ or not. PerhaPS %helCou~cil could
reconsider wh~t he suggested yesterd~and possibly give
authority to the State Atto~ne~ to re~ ~%~he City in
.~nn~o~. ~ith ~$. rehear~nglon the di~ hinct ~nderstand_
~ ~nere wm±± ~e no charge to the £ tY 0f Boynton
Beach. If the Council dOe~ that, it will be Protected By
answering that letter and indicting ~h~ ~nd~tions upom
which consent would be g!~m. I.f~tis
~_S~t~! A~tg.rney, the~ will ~ be
~on ~na~ a= ~ne presen~ time.
Mayor Zack replied that as previously mentioned, they must
make a decision prior to February 14. As stated last night,
they will wait for information fromMr. Bludworth.
Mr. Aramow asked if another meeting would be called and Fmyor
Mack replied: definitely. Mr. Ara~ow asked when and Mayor
Mack informed him that this would be followed through tomor-
row morning. Mrs. Jackson referred to the possibility of an
extension of bime being considered in view of the fact that
this has come about this way and if it is not granted, there
will be a special meeting. If we get an extension of time,
it will not be necessary to have a special meeting.
MINUTES - SPECIAL CITY COUNCIL MEETING
BOYNTON ~EACH, FLORIDA
FEBRUARY 9, 1977
Mr. Ara~ow continued that he could understand the position of
the City Council and sympathizes, but they must remember two
things. Judge McIntosh set the date down as the date upon
which $ rehearing could be had. He thi~s it is most advis-
able tohhave a rehearing to give Judge McIntosh an opportun-
ity to correct his decision if he desires when he finds o~t
the case h~ based his decision w~was over-ruled. He th~W~
he should be able to correct his obvious mistake. Also,
the statute provides a 30 day time limit to take the appeal
from the decisio~ and there is no way to get an extension~
He thinks it woul~ be mos~ advisable to give Jmdge MeIntosh
the opport~uity to ~dke a correction.
~o DeMarco asked if they would be sticking out their necks
if they made this agreement to turn this over to the County
and ~. Aranow replied that inttheir position, he would only
accept a reply from F~. Bludworth. Ne ~s sure as soon as
contact is made with Mr. ~ludwerth, his statements will be
verified 100%. If Mr. Bludworth comes i~ tomorrow, he thiaks
there still would be sufficient time to prepare and submit
the papers to Judge McIntosh. Mayor Eack replied that they
planned to do this.
Mayor Zack clarified that the City F~nager was instructed to
contact Mr. Bludworth intthe morning to ask for an extension
of time. ~f Mr. Bludworth consents, he will make the arrange-
ments from there on. Mr~ Aranow stressed the importance of
the time element and Mayor Zack replied that there would ~e
no problem of having the members attend a special meeting.
~. Aranow then thanked the Council for the cooperatio~ they
are now getting. He will make every effort to contact both
the Council and Mr. Bludworth to see how soon this can be
accomplishe~. Mayor Zack asse~ed him that this would be
followed up tomorrow morning. Mr. Aran~w replied that he
woul~ be at Mr. Bludworth,s office at 8.00 A. M. and would
try to have contact made from there.
Mayor Zack referred to the wonderful attendance being present
and apologized for having them all come out. He announced
this was the best the City Council could possibly do.
After discussion, it was agreed to set a tentative special
meeting for 3:00 P. M. tomorrow on the condition that the
information is received from Mr. ~ludworth.
Adjournment
Mrs. Jackson moved to adjourn,
Motion carried unanimously and
adjourned at ~:40 P. M.
seconded by Mr. DeMarco.
the meetiag was properly
-2-
MI~JTES - SPECIAL CITY COUNCIL ~TING
BOYNTON BEACH, FLORIDA
FEBRUARY 9, 1977
CITY OF BOYNTON BEACH, FLORIDA
~/vice ~or
Member
ATTEST:
CoUncil Member
.~t ty Clerk
Recording Secretary
(One Tape)
MEMORANDUM
February 9~ 1977
TO: Honorable Mayor & City Council Members
RE: Village Royale on the Green
At last night's meeting~ it was decided that I was to call the
State Attorney's Office to secure information regarding the law
suits on the above.
At 8:55 A~M. today~ I placed a call to David Bludv~rth and was
informed that~he was in Tallahassee. I then asked for Barry
Cohen. He was in a conference~ I left a message for Mro Cohen
to returm my call which he did at'approximately 10:00 A~M~
When Mr. Cohen returned my call~ before I had an opportnhity to
explain why I was calling, he immediately stated that he would
prefer not to say very much about the Village Royale on the Green
law suit inasmuch as David Bludworth was in Tallahassee and he
did not want to answer for the State Attorney.
I then asked Mr. Cohen a question~ but prefaced it by saying I
was going to have my secretary on the line to take his answer
verbatim. He t~en informed me that he would not answer any questions
pertaining to Village Royale on the Green. ~e further stated that
he would attempt to contact David Bludworth today and would let me
know between 1:00 and 2:00 P.M. today~
About i:~5 P.M~ Mr. Barry Kirshna called me from the State Attorney's
Office and informed me that Barry Cohen was unable to locate David
Bludworth. However, Mr. Bludworth was expected tomorrow and he would
ask him to return my call at that time~
This is for informational purposes onlyo
FK:pb
City: Manager'
CC: Hon. Gene MOOre
Central File