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HomeMy WebLinkAboutMinutes_Special Meeting_11/18/1999 VILLAGE OF TEQUESTA Post Office Box 3273 250 Tequesta Drive Suite 300 Tequesta, Florida 33469-0273 (561) 575-6200 Fax: (561) 575-6203 VILLAGE OF TEQUESTA SPECIAL VILLAGE COUNCIL MEETING MINUTES NOVEMBER 18, 1999 I. CALL TO ORDER AND ROLL CALL The Tequesta village Council held a special meeting at the village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, November 18, 1999. The meeting was called to order at 7:00 P.M. by vice Mayor Elizabeth A. Schauer. A roll call was taken by Betty Laur, Recording Secretary. Councilmembers present were: Vice Mayor Elizabeth A. • Schauer, Councilmember Joseph N. Capretta, and Councilmember Basil Dalack. Also in attendance were: village Manager Thomas G. Bradford, Village Attorney John C. Randolph, village Clerk Joann Manganiello, and Department Heads. II. APPROVAL OF AGENDA Couacilmember Capretta made a motion to approve the Agenda as submitted. Councilmember Dalack seconded the motioa. The vote on the motioa was: Elizabeth A. Schauer - for Joseph N. Capretta - for Basil Dalack - for The motion eras therefore passed and adopted and the Agenda was approved as submitted. • IV. CONNiJNICATION FROM CITIZENS Recycled Paper • VILLAGE COUNCIL SPECIAL NESTING MINUTES November 18, 1999 PAGE 2 Hattie Siegel, 498 Dover Road, asked who hired Special Master Ruf and Attorney Betty Resch in connection with her Code Enforcement case. Mrs. Siegel was requested to bring this matter up under the next agenda item. Wade Griest, 494 Dover Road, commented that staff had made an excellent presentation at the Y2K meeting but only three people had attended. Mr. Griest commented in regard to the Village Council having too many members from the Country Club that 6 of the 7 applicants for the vacant seat were from the Country Club. Mr. Griest urged residents to attend the Special Master Hearing the next day. • IV. CONSIDERATION OF APPOINTMENT OF ALAN F. RUF, ESQ., AS SPECIAL MASTER FOR TH8 SIEGEL CODS ENFORCEMENT CASE Village Attorney Randolph explained that on January 14, 1999, the Village Council had authorized hiring an attorney meeting the requirements of the Village ordinance to serve in lieu of Special Master Paulette Torcivia, who the Siegels through their attorney had requested be recused from their Code Enforcement case. The Village Attorney explained that the ordinance required that the Special Master be an attorney and a member of the Florida Bar. Village Attorney Randolph read from the minutes of the January 14, 1999 meeting that he indicated on January 14, 1999 although he did not feel it was necessary that Paulette Torcivia be recused, Mr. Randolph had stated that out of an abundance of caution he believed it would serve the village best to have her recused and to hire another Special Master just for that case. Mr. Randolph recommended and the Village Council authorized hiring attorney Randy Selden if available, or if not, to hire another attorney who met the qualifications of the Village • ordinance. A motion was made by Vice Mayor Hansen at that meeting that the village authorize hiring attorney Randy • VILLAGE COUNCIL SPECIAL FETING MINUTES November 18, 1999 PAGE 3 Selden if available, or if not, another attorney meeting the qualifications of the Village ordinance to hear the Siegel code enforcement Case. That motion was made, seconded, and approved at that meeting. The village Attorney reported that subsequent to that, after Mr. Ruf had been hired by Mr. Bradford as a result of the Village Council's motion, it was alleged in a court proceeding filed by Mr. and Mrs. Siegel through their attorney that the Special Master was not properly appointed by the Village, apparently taking the position that he needed to be appointed by name. Village Attorney Randolph expressed his disagreement with that position and stated he thought the actions of the Village Council were entirely appropriate, very clear, and in accordance with Village code; however, in order to address the concern stated by • Mr. and Mrs. Siegel and their attorney, the Village Attorney recommended that the village Council this evening specifically appoint Alan Ruf by name to serve as the Special Master for the Siegel code enforcement case. Vice Mayor Schauer inquired of the Village Attorney if the purpose of this meeting was to cross the is and dot the i's. The Village Attorney responded that he felt what the Village Council had done before was clear, and his recommendation tonight was being done to meet the concern stated, and even though the Village Attorney did not feel it was necessary, he requested that Mr. Ruf be specifically appointed by name. Hattie I. Siegel, 498 Dover Road, came to the podium. Vice Mayor Schauer read the question Mrs. Siegel had typed on her card requesting to speak: Why was Special Master Ruf not approved at a regular meeting, and when was this date chosen? Vice Mayor Schauer stated that from what the Village Attorney had just said that in January the Village Council gave Mr. Randolph and Mr. Bradford direction to • hire someone else; and today's date was chosen Monday of this week because she had been out of town Friday and could . VILLAGE COUNCIL SPImCIAL NESTING MINUTES November 18, 1999 PAGE 4 not be reached to make up a quorum of three. Mrs. Siegel inquired who called this special meeting. Village Manager Bradford stated he had called this meeting in accordance with the Tequesta code. Mrs. Siegel read from the village Charter, stating special meetings shall be held when called by the Mayor or by any two members of the Village Council. Mrs. Siegel stated she felt this meeting was illegal and expressed her opinion it was scary for the Village Ntanager to have that power. Vice Mayor Schauer responded that the Village Manager did not have the power without concurrence of the members of the Village Council. Mrs. Siegel expressed her opinion that if the Village Council appointed the Special Master at tonight's meeting after he had been on the village payroll for some months, then everything he had done in the past would be considered illegal and she • would bring that up to the court. Russell Von Frank, 489 Dover Road, commented he was a neighbor of Mrs. Siegel, and suggested that the Village Council give the Village Manager carte blanche to hire another person if there was any adjudication regarding the new Special Master, so that this ongoing scenario could end. Couacilmember Capretta made a motion to appoint Mr. Alan F. Ruf, Esquire as Special Master for the Siegel Code Enforcement Case. Councilmember Dalack stated it had been a long time since he had looked at Roberts Rules, sad asked if this could be discussed before the second or after it was seconded. Village Attorney Randolph advised it was normally after it was seconded. Couacilmember Dalack seconded the motion. Couacilmember Dalack stated that is light of Mr. Voa Franks suggestion he thought the motion should be amended to read something likes Pursuant to the January 14, 1999 vote of the Village Council apgointing a Special Master but leaving the name of the Special Master • black until such time as the Council had the opportunity to...i•m going to have to narrow it down, but I'd like to VILLAGE COUNCIL SPECIAL FETING ~dINUTES November 18, 1999 PALL 5 tie it is with the January 14, 1999 motion. Village Attorney Randolph stated he would like to do that by way of a second motion after the village Council made this appointment by name, sad stated that as he understood, Mr. Dalack was making the motion oa the basis that he did not necessarily thick it was necessary because of the Village Couacil~s previous action but that he wanted to go ahead and specially appoint Mr. Ruf. Village Attorney Randolph stated that for discussion purposes, the second motion that he would call for would be a motion confirming Alan Ruf as the object of the Village Couacil~s previous appointment oa January 14, 1999 and ratifying his actions on behalf of the Village Council to date. Couacilmember Dalack stated he was not a member of the village Council oa January 14, 1999, but his understanding from what Dot. Randolph had Just • said was that the vote of the Council was to name a specific individual who was unable to act and to leave the name of the adaster open in the event that the person originally gamed was usable to do it, and therefore he believed what was being done tonight was consistent with the January motion. Nith that, fir. Dalack stated he would withdraw the amendment sad just leave the second. The vote on the motion Wass Elizabeth A. Schauer - for Joseph N. Capretta - for Basil Dalack - for The motion was therefore passed sad adopted. Village Attorney Randolph suggested a motion to confirm Alan Ruf as the object of the previous appointment on January 14, 1999 and to ratify his actions on behalf of the Council to date. Discussion ensued. Councilmember Capretta commented that this would be appointing the same person the Village Council appointed January 14, 1999. vice mayor • Schauer commented that on January 14, 1999 the Village Attorney had indicated he would look for a person who met • vILLAGE covxclL SPECIAL FETING MINUTES November 18, 1999 PAGE 6 the requirements of the code. village Attorney Randolph clarified that the Village Council had authorized the hiring by the Village of a person who met the requirements of the code, and the first motion made tonight attempted to cover any objection to not naming him specifically. Couacilmember Dalack made a motion to confirm Alaa Ruf as the object of the previous appointment made January 14, 1999 and ratify Mr. Ruf•s actions on behalf of the Council to date. Councflmember Capretta seconded the motion. The vote oa the motion was: 8lizabeth A. Schauer - for Joseph N. Capretta - for Basil Dalack - for • The motion was therefore passed and adopted. Councilmember Capretta commented he was tired of the legal bric-a-brac with Mrs. Siegel and her constant harassment of the Village Council on every legal issue for so many years, and the thousands and thousands of dollars the Village had spent fighting her as well as the money she had spent. Councilmember Capretta commented if the village had more residents like Mrs. Siegel they wouldn~t have enough tax revenue to run the Village, and that he thought the Village should think of legal actions more serious than the ones they were contemplating; and that Mrs. Siegel got up at every meeting and played an innocent lamb but continued to hire lawyers and sue the village. Councilmember Capretta commented as far as he was concerned this was a hobby with Mrs. Siegel and he was getting tired of indulging her hobby. 1CIII. ADJOURNM~IT • Couacilmember Dalack moved that the meeting be adjourned. VILLAGIz COIINCIL SP]3CIAI~ FETING MINnTLS November 18, 1999 PAGE 7 Councilmember Capretta seconded the motion. The vote oa the motion was: Elizabeth A. Schauer - for Joseph N. Capretta - for Basil $. Dalack - for The motion was therefore passed and adopted and the meeting was adjourned at 7:23 P.ffi. Respectfully submitted, • ATTEST: ~_.,~. Joann Manganie to Village Clerk DATE APPROVED: ,d 9, X999 Betty Laur Recording Secretary