HomeMy Public PortalAbout2016-08-02 Council-Minutes-Special MeetingBAL HARBOUR
- VILLAGE -
Mayor Martin Packer
Assistant Mayor Patricia Cohen
Councilman Gabriel Groisman
Councilman Seth E. Salver
Councilman Jaime M. Sanz
Village Manager Jorge M. Gonzalez
Village Clerk Dwight S. Danie
Village Attorneys Weiss Serota Helfman
Cole & Bierman, P.L.
VILLAGE COUNCIL
SPECIAL MEETING MINUTES
AUGUST 2, 2016
AT 6:00 P.M.
Bal Harbour Village Hall, 655 96th Street, Bal Harbour, Florida 33154
1. CALL TO ORDER - Mayor Packer called the meeting to order at 6:02 P.M.
The following were present:
Mayor Martin Packer
Councilman Gabriel Groisman
Councilman Seth Salver
Councilman Jaime Sanz
The following were not present:
Assistant Mayor Patricia Cohen
Also present:
Jorge M. Gonzalez, Village Manager
Dwight S. Danie, Village Clerk
Richard Weiss, Village Attorney
Stephanie Marquez, Deputy Village Clerk
2. PLEDGE OF ALLEGIANCE - The Pledge of Allegiance was led by Babak Raheb.
3. A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; AUTHORIZING THE PAYMENT OF LEGAL FEES TO THE LAW
OFFICES OF KENT HARRISON ROBBINS FOR THE PROVISION OF LEGAL
SERVICES; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN
EFFECTIVE DATE.
MOTION: A Motion to discuss the resolution was moved by Councilman Jaime Sanz
and seconded by Mayor Martin Packer.
Mr. Weiss summarized the item, describing the lawsuit filed against Assistant Mayor
Cohen, the authorization provided by Florida Statutes for the Council, if it elects to do
so, to pay the legal fees for her defense, and the selection of Attorney Kent Harrison
Robbins by Assistant Mayor Cohen.
Council Sanz asked for clarification of representation of lawsuits against the Village, to
which Mr. Weiss stated that the Village Attorney would represent the Village and
Assistant Mayor Cohen has chosen to be represented by outside Counsel.
Councilman Groisman stated that there was no cause of action against the Village, that
the Village was named for injunctive purposes. He requested a monthly status report
on the fees, to which Mr. Weiss stated that a report from him should automatically be
added to each Council agenda.
Mr. Weiss then added that he would like to request an Executive Session to discuss
Flamingo Way vs. the Village of Bal Harbour.
Ree Kelly stated that her residence is 77 Camden Drive and asked if the League of
Cities' insurance policy would cover the fees, to which Mr. Weiss responded that there
was a specific exclusion in the policy for this. Ms. Kelley then asked if Village was
addressing in what her opinion is a sham pleading.
Babak Raheb (128 Balfour Drive) commented that he was in support the Council in
voting to pay attorney fees, then asked if the opposing attorneys could recover costs.
Lynn Bloch -Mullen (10150 Collins Ave) spoke is support of the Council voting in favor
of covering attorney fees.
Mr. Weiss reiterated that he would report on the attorney fees on each (Regular
Council) agenda, and the commented that he has not seen where an elected official
had to reimburse attorney fees if they did not prevail in this type of lawsuit. He
commented that if this were proven to be a sham lawsuit, that there is a possibility of
recovering fees, but it would be difficult to do. He then commented that that the
opposing attorney could recover costs in the public records law suit, but not this one.
VOTE: The resolution passed by unanimous voice vote 4-0
Mr. Weiss announced that a discussion on the Zika Virus would follow but that the
discussion is not part of the Special Meeting.
Councilman Groisman conveyed that Chief Mark Overton is chief going through a
tough medical time and wished him a full and speedy recovery.
ADJOURN - The meeting was adjourned at 6:18 PM.
Bal Harbour Village Special Council Meeting Minutes —August 2, 2016
12
Mayor
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Attest:
Dwight S. Danie, Village Clerk
Bal Harbour Village Special Council Meeting Minutes —August 2, 2016 Page 1 3