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HomeMy Public PortalAbout1994-01-10 Special Meeting93 COUNCIL MINUTES SPECIAL MEETING - JANUARY 10, 1994 The special meeting of the Bal Harbour Village Council was held on Monday, January 10, 1994, in the Council Chamber at Bal Harbour Village Hall. The meeting was called to order at 4:10 p.m. by Mayor Spiegel. The roll was called and those present were: Mayor Estelle Stern Assistant Mayor Matthew B. Blank Councilman James E. Boggess Councilman Andrew R. Hirpchl Councilman Sol M. Taplin Also present: Carole Sherouse Morris, Village Manager Jeanette Horton, Village Clerk Richard J. Weiss, Village Attorney As a quorum was determined to be present, the meeting commenced. 2. Continuing Discussion of Amphitheater: Mr. Poole, of the firm Holland and Knight, addressed the Council, and introduced Mr. Tom Ferrari, the head of the litigation practice at Holland and Knight. He explained since the last meeting he has reviewed the options as to filing of a lawsuit against the City of North Miami. He further explained according to the Council's instructions he has consulted with Mr. Fletcher. Mr. Poole stated that since this is a public meeting, therefore the discussion on litigation strategy would become a public record. He continued to explain once litigation has been filed, an executive session would be allowed out of the sunshine. He proceeded to suggest to the Council they just discuss the issues to be included in the lawsuit. such as, seeking a declaratory judgement, plus damages for the amount of funds expended. In addition, a_declaration from the Court that Bal Harbour retains the right to file litigation at the time the noise studies are complete, or prior to the issuance of a building permit. He proceeded to explain another issue to consider including is have the City of North Miami revoke their Ordinance No. 888. Mr. Poole stated with the Council's direction as to the issues to be included, he would complete the complaint with the counts and then submit to the courts tomorrow. Mrs. Morris explained the change in the Sunshine Law, allowing the Council to meet in executive session once the litigation has been filed. Councilman Hirschl questioned if citizens could be included in the executive sessions. Mr. Weiss replied the statute only allows the elected Council, its lawyer and chief executive officer. Mr. Poole explained the provision in Chapter 164, of the Florida 1 Councilman Taplin arrived during Mr. Poole's presentation. y4 Statutes, which sets out a duty for Local Governments to notify one another when they are preparing to sue. He continued to explain the sub paragraph that states, if the municipality finds that an immediate danger to the health, safety or welfare of the public, that immediate action be taken no notice or public notice shall be required. Assistant Mayor Blank questioned the legal rights of the Village, such as suing and for what, and did the City of North Miami breach the agreement they had with the Village. Mr. Poole replied the issue is what the Court will be asked to decide whether or not they breached the agreement. He then proceeded to explain the decision the Council must make today is to direct Holland and Knight to file the complaint, or not to file. He further stated in his view that by the action of filing an affidavit the City of North Miami did breach the agreement. Councilman Hirschl questioned if the case would be a jury trial or heard by a Judge. Mr. Poole replied whether this would be a jury trial would be determined later. He continued to explaig the type of issues that were before Judge Soloman, were all prior to having a jury impaneled. Mr. Ferrari replied he could request a jury trial. He further explained if you have the right to a jury trial on one issue, you get the jury trial on all issues. But, before a jury is impaneled and makes a decision as to the facts, certain legal steps must be taken. Mr. Poole then proceeded to explain the Court process to the Council. Mayor Spiegel stated it was her understanding if the decision is made today to file, the Village would have the right to amend later with other issues. Mr. Ferrari stated the Village would have the right to amend at any time before a responsive pleading is filed. He continued to explain the rules as to service of process. Councilman Boggess questioned the cost of this type of litigation. Mr. Ferrari replied in his experience litigation could rarely be tried for less than $100,000. Councilman Boggess then proceeded to question if the legal fees could be included in the damages. Mr. Ferrari replied he was not aware of a rule that would permit recovery of attorneys fees. He continued to explain when attorneys fees could be claimed. Councilman Boggess stated it is his understanding that the issue of challenging the City of North Miami Ordinance No. 888 should be included in the initial complaint. Mr. Ferrari replied that is correct. A motion was offered by Councilman Hirschl and seconded by Councilman Boggess that there is a danger to the health and welfare to the citizens of Bal Harbour. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye; Councilman Hirschl aye; Councilman Boggess, Councilman Taplin aye. A motion was offered by Councilman Hirschl and seconded by Special Council Meeting 1/10/94 2 Councilman Taplin to engage the firm of Holland and Knight to institute a lawsuit on behalf of the Village breaching the contract the Village had signed, recovering damages pertaining to breaching the of that contract, and reserve the right to fight litigation at a later date, and challenge Ordinance No. 888. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye; Councilman Hirschl aye; Councilman Boggess aye; Councilman Taplin aye. Mr. Weiss explained to the Council the procedure under the statutes for setting, and conducting an executive session. Mr. Poole requested a meeting with the Council in executive session to review the issues for the litigations. Dr. Hastings questioned the availability of Mr. Poole, to the citizens, to answer questions regarding the litigation: It was the consensus of the Council that Mr. Poole be available to private citizens, for discussions during the interim period. A motion was offered by Councilman Boggess and sectonded by Councilman Taplin to schedule an executive session immediately followed the regular Council meeting of January 18th. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye; Councilman Taplin aye. 3. Other Business: 4. Adjourn: There being no further business to come before the Council, a motion was offered by Councilman Taplin and seconded by Councilman Hirschl to adjourn. The motion carried unanimously (5-0), and the meeting adjourned at 4:35 p.m. ayor Estelle Spiegel Attest: eanette Horton, CMC/AAE Village Clerk /jh Special Council Meeting 1/10/94 3