HomeMy Public PortalAboutLTC 028-2022 - Village Attorney Annual Report–
JMG/MH
To:Village Council, Bal Harbour Village
Cc:Village Manager Jorge M. Gonzalez
From:Susan L. Trevarthen, Village Attorney
Date:January 31, 2022
RE: Annual Report of Village Attorney
In 2021, the Council established a process that I provide an annual report to them by the end
of January, on a calendar year basis beginning in 2022. The purpose of this Report is to
provide a framework for an evaluation of the Village Attorney in accordance with the
Amended Engagement Letter dated 7.20.21, attached as Exhibit 1. This is the first annual
report, covering the calendar year 2021. Distribution of this Report will be followed by
individual meetings with each Councilmember, and then the scheduling of a workshop.1
for 2021 (January 1, 2021 December 31, 2021)
Our role as the Village Attorney is to advise and to assist the Village Council in achieving what
is in the best interest of the Village. As such, the majority of what we do is in partnership with
Village Administration to carry out the Council s vision and strategic plan. We have a
productive relationship with the Administration and, in a real sense, our accomplishments
are shared.
I am pleased to report that, as of this writing, the Village continues to have no significant
litigation against it.have worked with your
Administration to avoid litigation where possible, and to resolve it efficiently where it was
unavoidable. While we remain ready and able to fight for the Village where the Council
deems it necessary to do so, our first effort is always to find a way to accomplish Village goals
in a less costly and antagonistic manner.
the Village, with a strong team of attorneys who are expert in the practices most important
to the Village. We strive to work efficiently and effectively, while remaining attuned to the
or its Village Attorney function has stabilized
1 Exhibit 2 is an updated list of the Village Attorney Team. Exhibit 3 is an evaluation form is provided that can be
used if desired to provide written performance feedback.Exhibit 4 to this Report includes background information
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MIAMI I FT. LAUDERDALE I BOCA RATON I TAMPA I WSH-LAW.COM
while supporting an ambitious and widespread agenda of improvement established by the
Village Council and led by the Village Administration.
While the following does not capture everything we do for the Village and the vast majority
of what we do is in partnership with the Village Administration as outlined in the Village
Manager s Annual Report, our significant accomplishments have included the following,
organized by department or topic:
Legislation and Advice to Administration
Worked with the Manager and Clerk to draft an ordinance2 for Charter Amendments
to avoid further litigation and uncertainty regarding the relevant procedures. Revised
the Code to clarify run-off election procedures.
Worked with the Manager and Building Official to draft an ordinance to implement
the Village Council-sponsored Charter Amendment for height on single-family
properties.
Worked with Finance Director to create the Auditor Selection Committee and procure
the auditor for the next fiscal year.
Worked with the Administration to revise the Solid Waste Code provisions.
Worked with the Administration to develop and adopt the Beach Management
Ordinance in a manner that avoids the need for future Code changes while allowing
the staged implementation of the program, and applied the process enumerated in
the Code to implement the second phase of regulation for all beach equipment.
Revised the Code related to use of beach path and regulations related to dogs and dog
leashes.
Drafted an Ordinance (heard on First Reading) to regulate fractional shared
ownership of single family residences. Drafted an Ordinance to streamline the notice
processes for the special assessments. Worked with the Administration to draft the
perimeter wall Code provision. Drafted and revised a possible ordinance to regulate
understories west of Collins Avenue (not yet heard by Council).
Reviewed the Village Code and history concerning Pension Ordinance changes
drafted by pension counsel.
Participated
COVID-19 emergency, which included drafting emergency orders, tracking and
interpreting of orders from County/state/federal governments, monitoring
developments, addressing personnel-related issues. Provided advice regarding
termination of COVID-19 state of emergency. Provided advice regarding CARES and
American Rescue Plan Act funding to support Village activities impacted by COVID-
19.
Reviewed various correspondence and cases, and drafted correspondence regarding
the valuation of the Village Hall site.
Gave advice regarding the declaration of a state of emergency due to the Champlain
Towers South building collapse. Advised staff on the development of a comprehensive
2 All references to drafting ordinances to revise the Code may be understood to refer to adopted ordinances. Where
we drafted something that was not adopted during the timeframe of this Report, it will be so noted.
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-rise buildings, reviewing and revising recertification
letters to buildings covered by the 40-year recertification program in response to
collapse. Drafted an Ordinance mandating the disclosure of Condominium Engineer
Reports by condominium associations to unit owners and occupants reflect building
conditions.
R
finalized memorandum related ARPA Public Health and Economic Impact and
Premium pay category. We drafted addenda to Village agreements for contractors
receiving future ARPA-funded payments.
Advised the Police Department on developments with open carry issues and mutual
aid agreements and continued to work with the Police Department and Village Clerk
concerning ongoing public records, including request for Internal Affairs files of
Police Officers.
Significant Agreements
Extensive negotiation
of key Village benefits in the Bal Harbour Shops Development Agreement, and failure
to timely comply with monetary conditions of the Development Agreement. Assisted
the Village Manager with negotiations over an addendum to the Development
Agreement with the following conditions:
o Accelerated payment of the value of the new Village Hall
o Payment of overdue amounts of voluntary contributions
o Accelerated transfer of and closing on the Fairfield property
Worked with the Administration on the very active capital improvements program
underway, resulting in agenda items and agreements at nearly every Council meeting.
Drafted the construction agreement with NV2A for the construction of the new Village
Park and Community Center Project. Drafted the administration service agreement
with Zyscovich for the construction of the new Bal Harbour Village Hall. Drafted
amendments for additional services with MikYoung Kim Design for services related
to the Jetty Project.
Participated in the negotiations of a three-year collective bargaining agreement
between the Dade County Police Benevolent Association and the Village, ratified by
the Council at its November 2021 meeting. Handled grievances re police pension and
reprimand under the Collective Bargaining Agreement. Worked with the
Administration on the implementation of the changes.
Drafted an agreement with Central Square Technologies to provide, install and
support community land management software to automate applications and
permits in the Building Department and drafted an agreement with Blue Digital
Corporation for Building Department Scanning Services
Negotiated contracts with several artists for Village branding activities, an outdoor
concert series performed by the South Florida Symphony Orchestra, and a contract
with L Diaz Design to provide a photo services. Renegotiated and/or terminated
professional services agreements with domestic and foreign travel sales
representatives due to the continued impact of the COVID-19 pandemic.
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Worked with the Finance Director on extensive negotiations with two separate
vendors, and finally obtaining a Merchant Agreement with terms more favorable to
the Village.
Gated Community Activities
Reviewed the contracting authority of the BHCA regarding the Security Systems
Project, and worked with staff on all of the related agreements and agenda items.
Worked with staff on inquiries regarding the FPL easement, and completed our
review of the latest Graham litigation and related expense reimbursements.
Drafted the agreement with Vetted Security Systems for security system
enhancements for the Gated Residential Community, along with a construction
agreement with Naim Development for the provision of construction renovation
services at the Gated Residential Community Security Guardhouse.
State and County Legislation
Prepared an analysis of the impact of state amendments to local emergency
declarations/orders and discussed with the Village Manager.
Analyzed and drafted a summary of the constitutional amendments restricting
lobbying by local elected officials and prepared a memorandum as to the effect of the
re the Village on
procurement matters.
Reviewed and analyzed new state law concerning the inspection of sanitary sewer
connections and discussed with staff.
Finalized the Memorandum of Law regarding internet-only publication of legal
notices
Conducted a review of a proposed County Ordinance regarding an amendment to
Article VI, Chapter 33 of the Miami-Dade County Code that could affect cities.
Drafted resolutions taking positions on state legislation and activities.
Coordinated with the Florida League of Cities on ideas to respond to potentially
harmful legislation in the 2022 Legislative Session.
Litigation:
The only pending litigation matters against the Village in 2021 were liability claims
being defended by insurance counsel. We continued to work with the Village Manager
to work proactively to resolve various controversies that could lead to litigation. This
sometimes involves engaging Firm litigators to assist in resolving matters before the
filing of any claim.
Analyzed the dismissal of the litigation over the park properties in the gated
Where required, we will continue to provide regular email updates to Council on
significant developments in any significant pending litigation, and schedule Council
executive sessions if needed to manage litigation.
Defended red light camera program from procedural challenges.
Supported police regarding employment actions.
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Supported Village Clerk in records requests and maintenance activities related to
litigation matters.
The Review Process
There are many examples of performance evaluations of municipal attorneys who are full-
time employees of an individual local government, usually serving under a contract assuring
them a defined term of service accompanied by benefits, pensions, and protections such as
severance packages. Performance involves two main dimensions: what is accomplished,
including the extent, efficiency and effectiveness of accomplishment of expectations, and
how it is accomplished, including leadership skills, personal qualities, and other subjective
factors that can be hard to define and measure.
Evaluations of municipal attorneys are usually conducted on a one-on-one basis with each
Councilmember. Like any review process, these meetings should be candid but constructive
and based on the overall performance, backed up by specific comments or examples as
appropriate. The Council has indicated that, following such individual meetings, it will
convene in a workshop to discuss the evaluation.
I have prepared an evaluation form that may be used, if desired, to structure each
Exhibit 3. Please recall that written
information related to the review is subject to Sunshine Law. Alternatively, it is understood
that the Councilmember may choose to forego use of the form, and only provide oral
feedback through the one-on-one meeting and/or at the workshop.
Conclusion
In conclusion, it is an honor and a privilege to continue to serve as the Village Attorney for
Bal Harbour Village, and we look forward to receiving your feedback so that we can keep
doing what is working well and learn where improvements or changes are needed.
Exhibits
1. 7.20.21 Executed Amended Engagement Letter to Serve as Village Attorney
2. Updated Village Attorney Team 1.31.22
3. Optional Form for Evaluation of Village Attorney
4. Background Information on the Village Attorney
Exhibit 1
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governmental rate of $273.00 per hour for attorneys and $125.00 per hour for paralegals. For Hourly
Services, it is our practice to charge for actual time expended on your behalf, but not less than 2/10ths of
an hour for each activity.
C. Additional Flat Fees: If mutually agreed by the Firm and the Village, matters involving
Hourly Services may alternatively be provided at flat rates, to be individually negotiated as those matters
arise.
D. Amendments: The parties may further amend this Agreement at any time as mutually
agreed by the Firm and the Village.
E. Evaluation: The Village Attorney will submit a written report to the Village Council of the
prior year's activities by February 1. The Village Council will evaluate the Village Attorney's performance
and this Agreement on a calendar year basis, no later than March 31 of the following year. The Flat Fee
and Hourly rates herein may be increased for each performance review in the amount deemed appropriate
by the Village Council.
4. Costs. In addition to the fees discussed in paragraph 3, we anticipate that certain expenses may
be incurred and advanced on your behalf. These expenses may include filing fees, recording costs, out-
of-town travel expenses, delivery charges, long distance telephone charges, photocopies (xerox), special
postage (express mail, certified mail and the like), computer research charges, court reporter expenses
(including cost of transcript and court reporter's fee for attendance), court costs (such as filing fees, service
of process, newspaper publication costs, subpoena costs, witness fees, recording fees, etc.), accounting
and appraisal fees, fees and expenses of experts necessary to assist in the preparation and hearing of your
case, investigation costs, word processing fees, computer charges and applicable lobbyist registration fees.
In addition to our fees for legal services, you agree to pay us for such out-of-pocket expenditures. In the
event unusually large costs or advances are anticipated, we reserve the right to require an additional cost
deposit from you prior to undertaking the expenditures of funds on your behalf.
5. Payment of Fees and Costs. Our invoices are submitted to you on a monthly basis and each
invoice is due and payable when rendered. The flat fee component will be billed as a single charge, without
detailed time entries; any charges for Hourly Services will be accompanied by detailed time entries. You
must understand that if any invoice remains unpaid for more than 30 days after it is rendered, we reserve
the right, in our discretion, to cease to provide further legal services to you. You will, however, be liable to
us for the payment of any fees earned and any costs incurred by us to the date of termination.
6. Termination or Withdrawal of Representation. We serve at the pleasure of the Village Council,
and may be terminated at any time, with or without cause, with the Village only being liable for any fees and
costs incurred through the date of termination. We, likewise, reserve the right to withdraw from representing
the Village if you have misrepresented or failed to disclose material facts to us, or if we disagree about the
course of action which should be pursued.
7. Representation of Other Clients. We are bound by rules of legal ethics not to represent any
client if the representation of that client will be directly adverse to the interests of another client, unless each
such client consents to such representation after consultation. Should such a situation arise, you will be
immediately informed, and we will propose a method of addressing the conflict.
If this agreement is acceptable, please acknowledge your understanding and agreement by signing this
letter and delivering it to us. We appreciate your confidence in our Firm and we assure you that we will
continue to make every effort to perform our services in a prompt and efficient manner.
Sincerely,
WEISS SEROTA HELFMAN
COLE & BIERMAN, P.L.
By:
Susan L. Trevarthen
l/let/AAAw----
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APPROVED BY VILLAGE COUNCIL AGREED AND ACCEPTED
of ��t�l 20
2021
cc: Jorge Gonzalez, Village Manager
Dwight S. Danie, Village Clerk
ONIX/ 23 ,2021
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MIAMI I FT. LAUDERDALE I BOCA RATON I TAMPA I WSH-LAW.COM
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Exhibit 1
Updated Village Attorney Team
Village Attorney: Susan L. Trevarthen
Deputy Village Attorney: Robert Meyers
Team:
*Jose L. Arango: Code enforcement, municipal
Candice Balmori: Municipal
Mitchell Burnstein: Eminent domain and real property litigation
Milton R. Collins: Collective bargaining and labor/employment advice
Elizabeth Coppolecchia: Litigation, construction agreements
*Maria Victoria Currais: Real estate, agreements
Jeff DeCarlo: Public finance, bond
Elen Gantner: Municipal
Paul Gougelman: Municipal, land use
*Edward G. Guedes: Appellate, litigation
Eric Hockman: IT, Litigation
Sarah L. Johnston: Municipal
*Michael S. Kantor: Labor/employment claims
*Michael J. Kurzman: Construction
*Lori Smith-Lalla: Public finance, bond
*Matthew Mandel: Litigation, Police defense
*Aleida Martinez Molina: Bankruptcy, litigation
*Ed Martos: Environmental, Value Adjustment Board, Land Use
*Robert Meyers: Ethics, municipal
*Joseph Natiello: Police, litigation, municipal
Matthew J. Pearl: Municipal
Roger C. Pou: Municipal
John J. Quick: Litigation, ADA
Joseph H. Serota: Litigation
*Brett J. Schneider: Collective bargaining and labor/employment
David N. Tolces: Municipal
*Peter Waldman: Eminent domain, utilities, litigation
Richard Jay Weiss: Municipal, County issues
Laura Wendell: Appellate, litigation
James E. White: Land use, municipal
David M. Wolpin: Municipal, finance
*Chanae Wood: Land use, telecommunications
Samuel I. Zeskind: Litigation, public records
*Key contact for practice area or pending matters
Note: Litigation contact depends on the case. Ed Guedes and Matt Mandel lead the appellate and litigation
practices
6.1.21
58
Exhibit 2
Village Attorney Services
Included in Flat Fee
• General Legal Counseling and advice as generally provided by a chief legal advisor.
• All in -person meetings, telephone calls, emails, teleconferences and video
conferences with individual Village Councilpersons, the Village Manager, Village
residents, and Village staff.
• Preparation or review and revision of ordinances and resolutions.
• Preparation of agenda memos and item summaries for agenda items for any Village
Board or the Village Council originated by the Village Attorney or as discussed with
Village Manager.
• Review, comment and revision of agenda materials originated by the Village Manager,
Village staff, or Councilpersons for Village Council or other Village Board meetings.
• Preparation for and attendance at Village Council meetings, workshops and retreats.
• Preparation for and attendance at Architectural Review Board meetings.
• Preparation for and attendance at Resort Tax Committee meetings.
• Training of Village Council or Village Boards on request.
• Orientation of newly elected Councilpersons or Mayors.
• Legal research, analysis, and drafting of memos and correspondence responding to
inquiries.
• Drafting, review and revision of contracts/agreements.
• Provide on site (Village Hall) office hours by an attorney listed on Exhibit 1 averaging
one day a week or whatever alternative schedule is agreed between the Village
Manager and Village Attorney. The intent is for the office hours to be productive time
handling Village business, and they will be scheduled accordingly. As such, some
weeks may involve multiple sessions while others may not have any scheduled office
hour sessions, in response to the deadlines and demands of Village business.
1 Any services listed below that relate to a matter not included in the Flat Fee, such as research/meeting/
correspondence/drafting related to a lawsuit or a special project, will be billed as part of that separate matter.
59
Exhibit 2
Village Attorney Services
Not Included in Flat Fee
• All services provided on litigation matters, including all adversarial proceedings
before any administrative tribunals, courts, mediators, arbitrators and appellate
tribunals.2
• All services provided on behalf of the Residential Gated Community, funded in
through the residential gated special assessment.
• All services provided on special projects, such as but not limited to a rewrite of the
Code of Ordinances or Land Development Regulations, collective bargaining with
unions, development or substantial redevelopment application reviews and
negotiations for ocean front properties and for projects greater than 1 acre (excluding
a single family residential dwelling unit), an opinion of title, or a general obligation
bond issue.
2 The Village carries liability insurance, and insurance counsel currently defends covered matters. It is expected
that this will continue to be the Village's preferred approach. On occasion, there may be a need for the Village
Attorney to participate in the defense of such matters to protect the Village's interests. If provided, such services
will be handled and billed as Hourly Services.
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1.31.22
Exhibit 2
Updated Village Attorney Team
Village Attorney: Susan L. Trevarthen
Deputy Village Attorney: Robert Meyers
Team:
*Jose L. Arango: Code enforcement, municipal
Candice Balmori: Municipal
Mitchell Burnstein: Eminent domain and real property litigation
Milton R. Collins: Collective bargaining and labor/employment advice
Elizabeth Coppolecchia: Litigation, construction agreements
*Maria Victoria Currais: Real estate, agreements
Jeff DeCarlo: Public finance, bond
Elen Gantner: Municipal
Paul Gougelman: Municipal, land use
*Edward G. Guedes: Appellate, litigation
Eric Hockman: IT, Litigation
Sarah L. Johnston: Municipal
*Michael S. Kantor: Labor/employment claims
*Michael J. Kurzman: Construction
*Lori Smith-Lalla: Public finance, bond
*Matthew Mandel: Litigation, Police defense
*Ed Martos: Environmental, Value Adjustment Board, Land Use
*Robert Meyers: Ethics, municipal
*Joseph Natiello: Police, litigation, municipal
Matthew J. Pearl: Municipal
Roger C. Pou: Municipal
John J. Quick: Litigation, ADA
Joseph H. Serota: Litigation
*Brett J. Schneider: Collective bargaining and labor/employment
David N. Tolces: Municipal
*Peter Waldman: Eminent domain, utilities, litigation
Richard Jay Weiss: Municipal, County issues
Laura Wendell: Appellate, litigation
James E. White: Land use, municipal
David M. Wolpin: Municipal, finance
*Chanae Wood: Land use, telecommunications
Samuel I. Zeskind: Litigation, public records
*Key contact for practice area or pending matters
Note: Litigation contact depends on the case. Ed Guedes and Matt Mandel lead the appellate and litigation
practices
1
1 Poor: Fails to meet
most expectations
Performance is well below expectations in most areas of
responsibility. Serious performance deficiencies that inhibit
adequate performance in the position. Should be evaluated for
termination.
2 Fair: Meets most
expectations
Often fails to meet performance expectations of the position.
Performance is generally adequate but is deficient in one or
more key areas and will require improvement.
3 Good: Meets
expectations
Meets all expectations of the position and is competent in the
performance of responsibilities.
4 Very Good: Meets
expectations and
exceeds some
expectations
Occasionally exceeds performance expectations of the
position. Performs the most difficult parts of the job competently
and thoroughly. Contributes significant results on their own
initiative. Works with a high level of independence, initiative and
concern for the quality of the service produced by and for the
Village.
5 Excellent:
Exceeds
expectations
Overall skills and abilities consistently exceed the expectations
of the position. Demonstrates strong expertise within key areas
of responsibilities. Occasionally receives outstanding results
beyond those contemplated in key areas of responsibility.
Anticipates needs and executes plans.
Exhibit 3
Village Council Evaluation Form
for Village Attorney
The purpose of the review is to strengthen the working relationship between the Council and
the Village Attorney, identify performance objectives, and provide feedback regarding those
aspects of the representation that are going well and those where improvement may be
needed. This process recognizes that the Village Attorney is a private law firm retained by
the Village Council.
form if desired, and meet one-on-one with the lead Village Attorney for the firm.
Please rate performance based on the following categories. References to the Village
appropriate, detailed comments should mention which individual attorney is referenced.
0 N/A:No Opinion The evaluator lacks sufficient information to evaluate the
criteria, or does not have an opinion on the criteria.
2
5. Excellent 4. Very Good 3. Good
2. Fair 1. Poor 0. Not Applicable
Comments:
Professionalism: Deals effectively and appropriately with Village Administration, Village
Council, and all stakeholders using common sense and judgment. Works to keep politics and
personal perspectives out of the decision-making process. Follows Council direction
impartially. Devotes sufficient time and energy to the job, and addresses questions and
concerns in a timely manner in light of all of the priorities of the Village. Demonstrates high
ethical standards in the organization. Stays active in professional organizations and stays
abreast of current developments in the law applicable to the Village. Respected in the field of
municipal law. Performs work in a positive and collegial manner. Understands the unique
identity of the Village and tailors the representation appropriately.
5. Excellent 4. Very Good 3. Good
2. Fair 1. Poor 0. Not Applicable
Comments:
Quality and Competency:Possesses and applies a comprehensive understanding and
knowledge of the Village Charter, Code of Ordinances, County Code of Ethics and Florida
Statutes. Possesses and provides an efficient and effective knowledge of and judgment
concerning case law regarding municipal government and issues involving the Village. Has
an extensive understanding of legal issues faced by local governments. Has the ability to
effectively formulate and advance legal strategies that further the goals of the Village.
Provides high caliber recommendations given all existing legal issues and their ramifications.
Regularly provides the legal expertise necessary to meet the Village
policy issues that arise, and proactively identifies potential issues of interest to the Village.
Maintains the Council and the A informing them of risks that
proposed actions may generate for the Village. Works proactively to avoid litigation, while
applying effective litigation skills before trial and appellate level courts and administrative
agencies where necessary.
3
5. Excellent 4. Very Good 3. Good
2. Fair 1. Poor 0. Not Applicable
Comments:
Effectiveness in Working with Village Administration : Demonstrates a positive legal
consultative relationship with the Village Administration in the pursuit of meeting the goals
and objectives of the Village. Responsive to the priorities of the Administration and Council.
Respects the difference between legal and policy determinations, but provides relevant and
helpful input in both areas where appropriate. Works collaboratively with the Administration
and thinks creatively, with an orientation toward solving problems.
5. Excellent 4. Very Good 3. Good
2. Fair 1. Poor 0. Not Applicable
Comments:
Management:Effective in the management, supervisory and interpersonal skills in the
context of both the legal function and the Village, including the ability to establish and maintain
effective working relationships with Village Manager, Village Council, Departments, boards
and committees.rather than identifying
obstacles. Seeks early engagement so that legal issues can be anticipated and avoided.
Creates a collaborative, team-building environment. Recognizes the accomplishments of staff
and other agencies working on behalf of the Village. Develops standard forms and
approaches where appropriate to increase predictability, ensure uniform quality, and
streamline work processes. Accepts full accountability for legal staff and the outcome of
Village projects or decisions. Identifies organizational problems and takes remedial action.
4
5. Excellent 4. Very Good 3. Good
2. Fair 1. Poor 0. Not Applicable
Comments:
Achievements: Identify any particular achievements or strong points you have observed in
Comments:
Objectives: List two to three performance objectives that you feel are important for the Village
Attorney to focus on in the coming year, whether as an improvement to performance or as
additional tasks/goals.
Comments:
Signature:___________________________ Date:______________________
Communication: Positive, courteous and open in communications. Effectively
communicates (orally and in writing) complex issues to Village officials and stakeholders
where diverse viewpoints and goals exist. Ensures that Councilmembers receive important
information in a timely and effective manner. Maintains confidentiality. Presents the Council
with clear and accurate written work product. Responds to correspondence, requests, and
complaints quickly and appropriately in light of all obligations to the Village. Facilitates open
two-way communication and encourages mutual honesty and respect with the Council,
Village Manager, and staff.
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1 The Village carries liability insurance with the Florida Municipal Insurance Trust, which assigns litigators to handle
2 As far as I have been able to determine, I am the first woman to serve the Village in that capacity.
Duties of the Village Attorney
The Village Code defines the duties of the Village Attorney as follows:
The Village Attorney shall be the chief legal adviser of all offices and
departments and of all officers and employees in matters relating to their
official powers and duties. He shall represent the Village in all legal
proceedings. It shall be his duty to perform all services incident to his
position as may be required by statute, by the Village Charter or by
ordinance. The compensation of the Village Attorney shall be fixed by the
Council.
It also provides that the Village Attorney shall be appointed by and be responsible to the
Village Council.
The Firm as Village Attorney
Similar to most other small municipalities, the Village has hired a law firm to serve as the
Village Attorney for decades.1 Weiss Serota Helfman currently serves in this role pursuant
to the 2021 Engagement Letter agreement, attached as Exhibit 1 to the Annual Report.
That agreement specifies that I act as the lead attorney for the firm in this representation,
and that my deputy is Robert Meyers.2 The Firm serves as the Village Attorney using a
team approach to the representation, and each member of that team also represents
other municipal clients. This allows the Village to use only as much of a wide range of
experience and expertise as it needs, just when it is needed. Experience with similar work
performed for other municipal clients enhances the quality of the services that the Village
receives from the Firm, and allows the Village to benefit from the experience of other
communities. The updated team of attorneys serving the Village is attached as Exhibit 2
to the Annual Report.
While we refer the Village to other counsel for areas outside of our core competencies,
the Firm was created as and continues to be a one-stop shop for the vast majority of legal
specialties and practices that a local government like the Village requires. In the
timeframe covered by this evaluation, we have referred matters to outside pensions
counsel related to revisions of the police and general employee pension ordinances. We
Our Firm was founded over 30 years ago and is organized around the conviction that
local governments deserve the same high-level professional legal services as for-profit
businesses. We understand that the Village is a multi-million dollar entity with employees,
complex regulatory systems, and demanding stakeholders, namely, the residents and
Exhibit 4
Background Information on Village Attorney
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Appellate
Election Litigation Real Estate Ethics
Asset forfeiture Eminent
Domain
Land
Use/Zoning
Solid Waste
Management
Constitutional
Code
Enforcement
Employment/
Labor
LegalPolice
Advisor
Special Districts Foreclosure
Community
Redevelopment
Environmental Procurement
and Contracts
Sustainable
Development
Construction
We keep abreast of the latest legislative and judicial developments in municipal law
through a program of in-house training and continuing education. We monitor issues of
home rule authority, which are of such importance to local government effectiveness. We
are frequently requested to publish articles and make presentations to our peers, local
state and national bar associations, related professional organizations, and the Florida
League of Cities.
Most importantly, we understand our role is not to make policy, but to counsel and assist
our clients by providing a legal framework for decision-making. Our services enable our
local government clients to meet their responsibilities, and to earn and retain their
constituents' confidence and trust.
businesses within the community. There are few firms in Florida that can match our
experience counseling local governments. We regularly advise local governments,
elected officials, law enforcement personnel, and individual departments of local
sector clients, whether administratively or in litigation, gives us a unique insight that we
leverage to your benefit.
As former and current city and county attorneys, our municipal lawyers understand how
to provide top-level legal advice that is not clouded by political influences in an effective,
cost-efficient, and clear manner. We efficiently draft and review a multitude of resolutions
and ordinances each year. We strive to draft legislation that is both understandable to the
general public and able to survive legal challenge.
We also serve as expert outside counsel to dozens of in-house city attorneys for their
most important and, often times, sensitive matters. The following represents a small
selection of our areas of expertise as special counsel: