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COUNCIL MINUTES
SPECIAL MEETING - APRIL 12, 1994
The special meeting of the Bal Harbour Village Council was
held on Tuesday, April 12, 1994, in the Council Chamber at Bal
Harbour Village Hall. The meeting was called to order at 4:09 p.m.
by Mayor Spiegel. The roll was called and those present were:
Also present:
Mayor Estelle Spiegel
Assistant Mayor Matthew B. Blank
Councilman James E. Boggess
Councilman Andrew R. Hirsch'
Councilman Sol M. Taplin
Carole Sherouse Morris, Village Manager
Jeanette Horton, Village Clerk
Richard Olsen, Special Council
Absent: Richard J. Weiss, Village Attorney
As a quorum was determined to be e
present, the meeting
commenced.
2. Interview Attorneys - Munisport/Amphitheater Litigation:
Mayor Spiegel explained the purpose of this meeting is to interview
attorneys concerning the Munisport/Amphitheater litigation.
Mrs. Morris explained she had copied the Council on the memorandum
sent to each of the attorneys. She further explained they were
provided with the amended complaint, the two motions relative to
reassignment of the case, and the motion to dismiss. She_continued
to explain since this a public meeting, and the Council may wish to
speak to the attorneys about their knowledge; experience;
background, but not about strategy issues. She then proceeded to
name the attorneys that are to be interviewed.
Dan Paul - Jorden, Burt, Berenson & Klingensmith:.
Mr. Paul addressed the Council and explained he has reviewed the
documents sent to him by Mrs. Morris. He further stated he
appreciates the Council considering him, but he may be called as a
witness for the City of North Miami. Therefore, he must defer to
the other two attorneys. The Council thanked Mr. Paul for
appearing today.
Steven Zack - Zack, Hamzman, Ponce, Tucker, Korge et al:
Mrs. Morris distributed to the Council material that Mr. Zack
brought with him explaining some of his general background. Mr.
Zack addressed the Council and introduced his partner Debra
Goodstone.
Councilman Hirsch' explained the Council is considering retaining
another attorney to represent them, in the active pursuit against
the building of the amphitheater in North Miami. He then proceeded
to question Mr. Zack on how he would fit into the situation. Mr.
J. V V
Zack replied he has not been accused of not being aggressive
enough. He continued to explain some of his background in detail,
and that he is licensed to practice in the States of Florida and
Texas. He proceeded to explain he is an A B rated lawyer in
Martindale Hubbel. Mr. Zack named other municipalities he had
represented, as well as, the Federal Government.
Councilman Taplin questioned if he had handled anything somewhat
similar to this case. Mr. Zack replied yes.
Councilman Boggess requested Mr. Zack outline his capabilities, and
those of his firm, about lobbying for or against pending
legislation both on the State and County level. Mr. Zack explained
his experience on prior lobbying, and that presently he is lobbying
several issues for other municipalities. Councilman Boggess then
requested Mr. Zack describe his experience with the South Florida
Regional Planning Council and the Department of Community Affairs.
Mr. Zack replied that he is familiar with both organizations and
has dealt with both in the past.
Assistant Mayor Blank questioned if there would possibly be a
conflict of interest. Mr. Zack replied he had to check with
certain clients to make sure there would not be a conflict
situation, and as far as he can tell there would be no conflict.
The Council thanked Mr. Zack for appearing today.
Gerald Richman - Floyd, Pearson, Richman, Greer et al:
Mr. Richman addressed the Council and gave a brief resume of his
background. He further explained he is the President of his firm,
and they have approximately 22 lawyers and specialize in complex
litigation. He continued to explain he was special Council for the
City of Boca Raton in their growth cap litigation. Mr. Richman
stated he is aware of the Council's concern, as to who would he
work with if engaged to represent the Village. He stated he would
consider associating Joe Fleming with him on this litigation. He
continued to explain Mr.xFleming is listed in the Best Lawyers of
America for specializing in environmental law.
Councilman Boggess questioned the lobbying capabilities of his
firm, both on the State and County level. Mr. Richman replied they
do lobbying on the personal contact level, and he does not employ
a lobbyist.
Assistant Mayor Blank questioned if he would possibly have a
conflict of interest if he was engaged to represent the Village.
Mr. Richman replied he did a conflict check, and as far as he knows
he would not have any conflict.
Councilman Hirschl explained the experience the Village had with
Holland & Knight. He further questioned if the Village did engage
Mr. Richman's firm would he be doing the work on this case. Mr.
Richman replied in any case he handles he is hands on, and no
Special Council Meeting 4/12/94 2
pleading goes out without him seeing it, as well as nothing is
filed without his seeing the document.
Councilman Taplin questioned if he has experience in land use
cases. Mr. Richman replied yes, and explained he has been involved
in zoning matters; pollution cases; and represented Boca Raton in
growth cap litigations.
Councilman Boggess requested clarification on one matter, is Joe
Fleming a member of his firm. Mr. Richman replied no. Mr. Fleming
is a single practitioner who specializes in environmental law, and
labor law. The Council thanked Mr. Richman for appearing.
Mayor Spiegel called for a five minute recess.
The special meeting of the Bal Harbour Village Council was
reconvened by Mayor Spiegel at 5:05 p.m.
3. Other Business: Mr. Whitman addressed the Council and
explained that for some time he has been trying to work out an
arrangement with the Church to relocate. But, the problem has been
with the Public Works building. He further explained his
conversations with Arthur Teele, Chairman of the Dade County
Commission. According to Mr. Teele the County Commission will be
meeting next Tuesday, and if a Resolution is adopted by the Village
requesting the County convey two acres of land to the:Village. He
would present it to the Commission, so that the question could be
placed on the next general election ballot. Mr. Whitman then
proceeded to explain he had discussed this matter at the
Beautification Dinner with Mayor Spiegel and Village Attorney
Richard Weiss. He then read a Resolution drafted by Mr. Weiss
requesting that Dade County convey two acres of land in Haulover
Park for the use as a Public Works Complex. Discussion followed on
how the land would be conveyed if approved, and what would happen
to the water tank if the .public works department is moved. Mrs.
Morris explained that this Resolution just acquires property.
A motion was offered by Councilman Boggess and seconded by
Assistant Mayor Blank to adopt this Resolution. The motion carried
with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank
aye; Councilman Boggess aye; Councilman Hirschl aye; Councilman
Taplin aye, thus becoming
RESOLUTION NO. 497
A RESOLUTION OF BAL HARBOUR VILLAGE,
FLORIDA REQUESTING THAT METROPOLITAN
DADE COUNTY CONVEY APPROXIMATELY TWO
ACRES OF LAND IN HAULOVER PARK FOR
USE AS A PUBLIC WORKS COMPLEX AND
PROVIDING FOR AN EFFECTIVE DATE.
Attorney Issue: Mr. Olsen explained he has reviewed the
Special Council Meeting 4/12/94 3
background of both firms that are under consideration. He further
explained in view of the capabilities of each firm. Therefore, he
would recommend the Council engage both law firms.
A motion was offered by Councilman Hirschl and seconded by
Assistant Mayor Blank to engage Gerald Richman and Steven Zack as
attorneys to work on the Amphitheater litigation for the Village.
Discussion followed.
Councilman Boggess stated he would like it understood Holland &
Knight has not been dismissed. The Council agreed.
The motion carried with the vote as follows: Mayor Spiegel aye;
Assistant Mayor Blank aye; Councilman Hirschl aye; Councilman
Boggess aye; Councilman Taplin. -
4. Adjourn: There being no further business to come before
the Council, a motion was offered by Councilman Boggess and
seconded by Councilman Hirschl 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, and the meeting adjourned at 5:30 p.m.
Mayor Estelle Stern S''iege
Attest:
"'Jeanette Horton, CMC/AAE
Village Clerk
Special Council Meeting 4/12/94 4