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.
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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
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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
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