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Home My Public Portal About1994-03-02 Special MeetingCOUNCIL MINUTES SPECIAL MEETING - MARCH 2, 1994 The special meeting of the Bat Harbour Village Council was held on Wednesday. March 2, 1994, in the Council Chamber at Bal Harbour Village Hall. The meeting was called to order at 2:35 p.m. by Mayor Spiegel. The roll was called and those present were: Mayor Estelle Spiegel Assistant Mayor Matthew B. Blank Councilman James E. Boggess Councilman Andrew R. Hirschl Councilman Sol M. Taplin Also present: Carole Sherouse Morris, Village Clerk Jeanette Horton, Village Clerk As a quorum was determined to be present, the meeting commenced. Mayor Spiegel stated that speakers on the next agenda item will be limited to 5 minutes. 2. Public Discussion Proposed Amphitheater: Mr. Poole, of the firm Holland & Knight 701 Brickell Avenue. stated that Councilman Glick of Bay Harbor Islands has proposed to act as a mediator. He further stated he informed Councilman Glick that he expected the Village would want to first serve the lawsuit and then consider any mediation. Councilman Glick of Bay Harbor Islands addressed the Council, and explained that the Town of Bay Harbor has requested him to try and mediate this issue. He further stated he has met with Mr. Wolpin of the City of North Miami, and he has agreed to present to the City of North Miami Council the issue of mediation. Charles Brown, Chairman of the Citizens Committee. referred to the Resolution passed by the Citizens Advisory Committee. He explained the Resolution has been sent to the Council and is self explanatory. He further stated in his opinion the lawsuit should be served first and then mediate. John Fletcher addressed the Council and explained he has spoken to Councilman Glick. But, he is not sure the results of any mediation, and it is his opinion, mediation is better after the litigation has been filed. Dr. Lawrence Hastings stated the Village has an advantage with two attorneys, and if Mr. Fletcher is asked he will give his views. He continued to state that Mayor Spiegel should chair the joint session this afternoon, since Mayor Colodney of North Miami chaired the last joint session. Special Council Meting 3/2/94 Richard Olsen. President of the Hal Harbour Civic Association. stated the Civic Association is 100 percent behind the Resolution adopted by the Citizens Advisory Committee. He further stated in reference to mediation this should be looked into after the lawsuit has been served. Charles Brown stated that Mrs. Schindler was present at a Council meeting of the North Miami Beach Council. They passed a Resolution to fight the amphitheater. Assistant Mayor Blank questioned if the mediation would hurt the litigation process. Mr. Poole replied it comes down to the issue of trust. He further stated there is no reason why the Village cannot amend the complaint, serve it on the City of North Miami, and then enter into mediation. Mr. Poole reported the legislation filed by Representative Gordon was in sub committee. He further explained Holland & Knight's representative attended and spoke with the Department of Environmental Protection and they are now strongly opposed to the legislation. Their representative also spoke with members of the sub committee and believes there is opposition to the legislation. Councilman Boggess questioned if action of the Council is required to authorize the funds necessary to lobby this issue in Tallahassee. Mrs. Morris stated she has authorized funds up to $2,500. but the cost could be approximately $20,000. A motion was offered by Councilman Boggess and seconded by Assistant Mayor Blank to authorize the Village Manager to spend up to $20,000 with the firm of Holland & Knight for the purpose of defeating both the Senate and House bills. The motion carried unanimously with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye; Councilman Taplin aye. Councilman Boggess questioned if the Resolution opposing this legislation was sent to just Senator Silver. Mrs. Morris replied the Resolution opposing this legislation was sent to all the members of the Senate and House. She further stated that the Town of Bay Harbor Islands passed a similar Resolution, which she has forwarded a copy to Mickie Canton. Assistant Mayor Blank stated that he would appreciate Councilman Glick presenting the information he has heard today to his Council. Mayor Spiegel asked Councilman Glick that when citizens speak they should advise if they have a conflict. Councilman Hirschl referred to a letter all the Council of Bay Harbor Islands received from Mr. Tate, in which he stated if funds are appropriated to fight the amphitheater he will enact a movement to find the Council personally liable. He further stated it is his Special Council Meting 3/2/94 understanding that Mr. Tate is one of the contractors to construct the amphitheater, as well as a member of the Council works for him. Councilman Glick replied that although Councilma❑ Meiselman works for Mr. Tate, he has independent mind and thinking. He then referred to the letter he received from Mr. Tate and stated anyone can write a letter, but that would not effect his decision. He further stated he does not know if Mr. Tate is the contractor for the amphitheater. Councilman Boggess stated the Village has tried reconciliation, and they would be willing to try whatever procedure that would bring this issue to a conclusion. After the litigation is firmly in the courts. 3. Executive Session: The purpose of this session is to discuss the litigation of Case #94-00623 Village of BaI Harbour v, City of North Miami. At this time the Executive Session was convened and the Village Clerk left the meeting. At the end of the Executive Session Mayor Spiegel reconvened the special meeting of the Hal Harbour Village Council. 4. Adjourn: There being no further business to come before the Council, a motion was offered by Councilman Taplin and seconded by Assistant Mayor Blank to adjourn. The motion carried unanimously, and the meeting adjourned at 3:45 p.m. 1_4- Mayor Estelle Stern bSpi gel Attest: Stanette Horton, CMC/AAE Village Clerk /jh Special Council Meting 3/2/94 3