HomeMy WebLinkAboutDocumentation_Regular_Tab 01_10/11/2007Memorandum on legal services performed in September 2007
To: Village Council and Village Manager
From: Scott G. Hawkins
Date: September 28, 2007
This memorandum briefly reviews legal services furnished by Jones, Foster, Johnston &
Stubbs, P.A. in September 2007.
The following matters were generally addressed during this period:
1. Arena /Tequesta Litigation.
a. Communications with opposing counsel and Village Manager re litigation
and negotiations;
b. Prepare for and conduct settlement conference at Village Hall with
opposing counsel and Mr. Arena;
c. Follow-up communications with opposition, staff and Mayor re tentative
settlement;
d. Receipt and review of court order re litigation and preparation of appellate
record per court order;
e. Review, revise Joint Motion to Abate litigation pending consummation of
tentative settlement.
2. JMZ v Village of Tequesta.
a. Litigation has been pending for over two years but has been essentially
dormant as the Plaintiff has undertaken little action;
b. The matter was dismissed by the court for lack of activity but Court has
recently allowed the matter to be re-opened given activity by the Plaintiff
that the Court was not aware of;
c. The Plaintiff has set a deposition of a representative of the Village with the
most knowledge concerning this dispute-this deposition will likely be
conducted in October and Mayor Humpage will be the Village's
representative because the dispute concerns matters which arose several
years ago.
3. Village Hall negotiations-Review.
a. Counsel has discussed with the Village's Manager and Finance Director,
and Mayor Humpage, a tentative resolution negotiated by the Village
Manager to resolve final payment as to Village Hall;
b. This resolution involves the Architect / Engineer and the General
Contractor on the project .
4. Village Manager Contract Review.
a. At Mayor's request, reviewed certain portions of the Manager's
Employment Agreement relative to issues raised during the September
Village Council Meeting;
b. At Mayor's request, a letter was prepared and submitted relative to such
review;
c. John Randolph also reviewed, at Mayor's request, files regarding the
formation of the Employment Agreement and issued correspondence in
this regard.
5. Charter Review. John Randolph has participated in discussions meetings
relative to Charter Review which the Village Council voted to undertake. Effort is
concluding.
6. Ongoing matters. During September the Firm attended to various ongoing
matters including:
a. Preparation for and attendance at September Village Council meeting and
follow-up review;
b. Review of Waste Management Contract;
c. Miscellaneous communications regarding above matters as necessary.
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