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Item Q1 CLERK OF THE CIRCUIT COURT MONROE COUNTY BRANCH OFFICE MARATHON SUB COURTHOUSE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33OSO TEL. (305) 289-6027 FAX (305) 289-1745 MONROE COUNTY COURTHOUSE 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3663 BRANCH OFFICE PLANTATION KEY GOVERNMENT CENTER 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 February 20, 2002 Mayor Charles "Sonny" McCoy 530 Whitehead Street Key West FL 33040 Dear Mayor McCoy, Enclosed please find a memorandum to me from James T. Hendrick, County Attorney, dated February 15, 2002, and filed in this office on February 19, 2002, concerning his participation in the special meeting of the Board of County Commissioners on the February 12, 2002, in Marathon concerning Hawk's Cay. Mr. Hendrick is filing this memorandum pursuant to the provisions of Florida Statute 112.3143. I am including a copy of that section of the Florida Statutes for your information. A copy of this memorandum is being forwarded to you as required by the Statute. The memorandum will be included in the minutes of the meeting of February 12, 2002, and will be read into the record at the Board's next regular meeting in Marathon on March 20,2002. Sincerely, cc: County Administrator County Attorney Attachments FILED FOR RECORD MEMORANDUM 2002 fES 19 PH 3: 29 February 15, 2002 to: Danny Kolhage, Clerk of County Commi~t<(kLtl~~ttt~GE from: James T. Hendrick, County Attorney t10HROE COUNTY, FLA. As I declared on the record of the Special Meeting of the BOCC Tnesday evening, I have previously served as attorney for my friend Pritam Singh and several companies in which he is a principal. When I was appointed County Attorney, I had for many years represented real estate development companies headed by Pritam Singh. All of those companies' activities were confined to the City of Key West, which exercises land use jurisdiction to the exclusion of Monroe County. Therefore, my representation of those entities raised no potential conflict of interest with my position as County Attorney, and for several years I represented those entities, whose activities are confmed to Key West. My only remaining client affiliated with Pritam Singh is Key West Golf Club Development, Inc., whose activities are limited to completing the residential development at the Key West Golf Course. An entity in which Mr. Singh is a principal, Village at Hawk's Cay, Inc., ("Village") has a contractual relationship with the owner of Hawk's Cay, a resort property governed by the terms of a previously-approved Development of Regional Impact ("DRI") order. The Hawk's Cay landowner (Hawk's Cay Investors, Ltd; or "HCI") recently applied for an amendment to the DRI, seeking approval to build hotel units and staff housing. I do not know the terms of the agreement between Village and HCI, but it is my understanding that Village would build and sell the additional hotel units authorized under the DRI amendment. The proposed DR! amendment required a public hearing before the Board of County Commissioners. Because that hearing was quasi-judicial in nature, arid therefore subject to heightened scrutiny and review, I recused myself from the February 12 Public Hearing on the DRI amendment. At the commencement of the Hearing, I announced my recusal and declared my association with Mr. Singh. Although I have never represented either HCI or Village at Hawk's Cay, I felt it best that I not participate in these proceedings, due to possible perception that I would not be an impartial advisor to a board sitting in a quasi-judicial capacity. Memorandum, p.2 I have participated as County Attorney, and continue to do so, in other matters related to Hawk's Cay, including drafting of the opinion letter approved by Resolution of the BOCC at the February 12 Special Meeting, explanation of that opinion letter at that same Meeting, and revising and editing the draft contract, prepared by the County Attorney's Office, that was tabled by the BOCC at that Meeting. It is my understanding that Pritam Singh will have a minority ownership interest in a company being formed in anticipation of performing work under the above-referenced draft contract (which draft contract will require extensive revision). I expect to have continuing dialogue with DCA concerning Hawk's Cay. None of those matters will, to my knowledge, inure to the special private gain of any of my clients or to the parent organization or subsidiary of a corporate principal by whom my private law fIrm is retained. However, a local newspaper editorial today suggested that a conflict of interest arises between the performance of my job as a public officer and my association with Mr. Singh. Therefore, in an abundance of caution, I am filing with you this written memorandum, as would be required were the provisions of Florida Statute Section 112.3143 (4) found applicable to the above-described circumstances.