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