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HomeMy WebLinkAboutMinutes_Special Meeting_03/28/2005• VILLAGE OF TEQUESTA SPECIAL VILLAGE COUNCIL MEETING MINUTES MARCH 28, 2005 L Call to Order and Roll Call The Tequesta Village Council held a Village Council Special Meeting at the Tequesta Recreation Center, 399 Seabrook Road, Tequesta, Florida, on Monday, March 28, 2005. The meeting was called to order at 6:34 p.m. A roll call was taken by Gwen Carlisle, Village Clerk. Council Members present were: Mayor Jim Humpage, Vice Mayor Pat Watkins, Council Member Geraldine A. Genco, Council Member Edward D. Resnik, and Council Member Tom Paterno. Also in attendance were: Village Attorney Scott Hawkins, Village Manager Michael R. Couzzo, Jr., and Village Clerk Gwen Carlisle. II. PLEDGE OF ALLEGIANCE Mayor Humpage led the Pledge of Allegiance. III. APPROVAL OF AGENDA • MOTION: Vice Mayor Watkins moved to approve the agenda; seconded by Council Member Resnik, motion passed S-0. 1) DISCUSSION AND POSSIBLE ACTION REGARDING THE VILLAGE OF TEQUESTA VS HATTIE SIEGEL LITIGATION Attorney Hawkins suggested the following procedure for the three separate actions that had been explained to the Council: First, with regard to the action in the foreclosure suit that the Village Council authorize substituting a name in the bankruptcy filing, permitting the Village of Tequesta to be replaced by Silver Fidelity as the real party interest. In the Federal lawsuit, a decision needs to be made as to whether or not Tequesta wants to continue to prosecute its motion for attorneys' fees in the amount of approximately $12,500. Third, the third lawsuit that was recently filed, the issue there is whether or not to authorize filing a motion to dismiss. The Village Council decided to make three separate motions for the above items: MOTION: Council Member Genco moved that on the first item, on the specific assignment of the judgment from the date of the assignment, that Silver Fidelity Trust be substituted as a party of interest in place of the Village of Tequesta. Motion was seconded by Council Member Resnik. Motion carried by unanimous 5-0 vote. • • VILLAGE COUNCIL SPECIAL MEETING MINUTES March 28, 2005 Page 2 MOTION: Council Member Genco moved that on the second item, which was the case filed for legal fees in the amount of $12, 500, that the Village Attorney be directed to withdraw that. Motion was seconded by Council Member Resnik. Motion carried by unanimous 5-0 vote. MOTION: Council Member Genco moved that on the new State case filed by Mrs. Siegel claiming that the Village had violated her constitutional rights, that the Village Attorney go into Court to see if he could get that dismissed. Motion was seconded by Vice Mayor Watkins. Motion carried by unanimous S-0 vote. 2) MOTION AND APPROVAL FOR AGENDA ITEM PREVIOUSLY PRESENTED AT THE MARCH 10, 2005 VILLAGE COUNCIL REGULAR MEETING REGARDING THE INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY FOR MUTUAL AID ASSISTANCE Mayor Humpage recalled that the Village Council had discussed this item and had voted for it unanimously; however, they had forgotten to make a motion. MOTION: Council Member Genco moved approval of Resolution 46-04/05. Motion was • seconded by Vice Mayor Watkins. During discussion of the motion, Council Member Resnik commented he supported this action, but he had seen in the newspaper about a week ago that in south county both Boca Raton and Delray Beach fire rescue people had told the county they were not going to participate in their mutual aid and 911, and were going to do it themselves, and wanted the county to stop taxing them for it. Council Member Resnik stated he thought Chief Weinand had presented his briefing on this matter very well, and the Village had to participate in order to maintain sufficient staffing, because the Village was able to keep a double shift on by participating in this mutual aid, and he did not believe the Village was being taxed like the larger fire rescue departments in Boca Raton and Delray Beach. Council Member Resnik explained he had wanted to mention that he had looked into this, in case any other members of the Council had seen the newspaper article, and he believed it was a very good agreement and the Council should vote for it. Motion carried by unanimous S-0 vote. IV. ADJOURNMENT MOTION: Council Member Resnik moved to adjourn the Special Meeting; seconded by Vice Mayor Watkins, motion passed S-0. Therefore, the meeting was adjourned at 6:41 p. m. • Village Clerk Gwen Carlisle