Loading...
HomeMy Public PortalAbout1994-04-04 Special MeetingCOUNCIL MINUTES SPECIAL MEETING - APRIL 4. 1994 The special meeting of the Bal Harbour Village Council was held on Monday, April 4, 1994, in the Council Chamber at Bal Harbour Village Hall. The meeting was called to order at 4:08 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 Manager Jeanette Horton, Village Clerk Richard J. Weiss, Village Attorney As a quorum was determined to be present, the meeting commenced. 2. Status Legal Representation Re: Amphitheater: Mayor Spiegel stated the purpose of the meeting, and requested comments from the Council. Councilman Boggess stated that at one point he was very upset with Holland & Knight. But, at the last meeting many of his questions were resolved. He further stated the present litigator is bright and forceful. He then proceeded to explain he does not have a problem at this point, but he would be willing to listen and go along with the decision of the rest the Council. Councilman Taplin stated that the Village has given Holland & Knight a wonderful opportunity, but they have not done much for the Village. Therefore, he feels it is time to make a change. He further suggested that the Village engage Richard Olsen to oversee any attorney the Village engages. Assistant Mayor Blank stated that Holland & Knight has been given every opportunity, and the Village has gotten nowhere. He further stated this is a very serious case, therefore he agrees with Councilman Taplin. Councilman Hirschl stated enough of the case has not opened up yet to see which direction or how forceful Holland & Knight may be. However, everyone is aware of the potential conflict of interest issue, which Holland & Knight did not notice the Village on. He further stated he has no confidence at this time and would like to switch attorneys. He continued to suggest that Dr. Hastings be the liaison attorney. Councilman Hirschl then proceeded to suggest that the Council suggest some names to Mrs. Morris. She then will contact the attorneys and set a special meeting for a 15 minute interview process, so the Council can make their decision. He further restated he feels the Council should have Dr. Hastings as liaison attorney. Mayor Spiegel stated Holland & Knight's representation has been weak. She further stated she has discussed this with Mrs. Morris, and some attorneys names have alrady been submitted. Mrs. Morris stated she will be happy to schedule a special meeting to interview attorneys. Mr. Weiss explained the procedure that the Council should follow. He further explained after an attorney is hired then schedule an executive session to discuss the litigation. Councilman Boggess stated the Council does need an attorney to advise them. He further stated he agrees that other firms should be interviewed, but at this time Holland & Knight should continue to represent the Village.. Councilman Hirschl questioned that if an advisorycouncil is retained, can they be included in executive sessions. Mr. Weiss replied yes, they would be considered a Co- Council, and could also be present at the interviews. Dr. Hastings declined in favor of Mr. Olsen to be engaged as Co - Council. Councilman Boggess questioned Mr. Olsen on the fees he would be charging. Mr. Olsen replied $150 per hour. Councilman Hirschl questioned Mr. Olsen about the type of law he practices. Mr. Olsen replied the bases of his practice has been corporate law. He continued to explain what corporate law encompassed. He then proceeded to explain he has very little experience in land use, but his position would be one of a overseer. Mayor Spiegel asked Mr. Noto if he would be interest in being Co - Council. Mr. Noto stated he does not have experience in this field. He then proceeded to discuss the issue of Mr. Weiss recusal. Mr. Weiss explained the reason for his recusal on this issue. He then proceeded to explain his arrangement with the Village. Dr. Hastings requested the Council to keep Sam Poole of Holland & Knight since his specialty is dealing with Regional Council, and environmental issues. Councilman Boggess stated at this time he is not prepared to dismiss Holland & Knight. A motion was offered by Councilman Taplin and seconded by Assistant Mayor Blank to engage Mr. Olsen as Co Council to oversee Holland & Knight or whoever the new attorney may be and to advise the Council. 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. Discussion followed as to a cut off date on submitting attorneys names to Mrs. Morris. It was the consensus of the Council that Special Council Meeting 4/4/94 2 names be submitted to Mrs. Morris by Wednesday, April 6 so that a special meeting can be scheduled for interviews. Mr. Wolpin, City Attorney of North Miami, stated today, a motion to dismiss has been filed, but he has no intention of filing for a hearing date within the next two weeks. He further stated he still welcomes the Village to work with the City of North Miami on the amphitheater matter. 3. Other Business: None 4. Adjourn: There being no further business to come before the Council, a motion was offered by Councilman Hirschl and seconded by Councilman Boggess to adjourn. 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; and the meeting adjourned at-F4:40 p.m. Mayor Estelle Stern Siege Attest: 0eanette Horton, CMC/AAE Village Clerk Special Council Meeting 4/4/94 3