Loading...
HomeMy Public PortalAbout1994-04-12 Special MeetingJo-tS¢7 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