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Letter to the editor

Judge's order prompts commission to hire lawyer

The attorney asks for extra time to meet a deadline for a special election.

By NICK JOHNSON, Times Staff Writer
Published December 19, 2007

ST. PETE BEACH - City commissioners scrambled to hire an attorney Monday in response to a circuit judge's order forcing a special election for the Save Our Little Village petition items.

The result of the special meeting was the hiring of attorney Thomas W. Reese, who was in the process of filing a motion for an emergency time extension Tuesday to meet a deadline set by Judge David A. Demers.

Reese, an environmental land use attorney, was one of three parties who came to the meeting seeking to represent the city and commissioners who have been sued by Save Our Little Village for refusing to put six prodevelopment items, including a new comprehensive plan, on the January ballot.

The suit was followed by an order from Demers to hold an election on the six proposed ordinances between Dec. 19 and Feb. 17 in compliance with the city's charter.

The lawsuit and subsequent resignation of city attorney Timothy Driscoll forced the commission to make a last-minute decision on representation for a Thursday court date.

"I was impressed by how many comprehensive plan suits he has been involved in," Commissioner Linda Chaney said about Reese.

The decision to hire him was approved by the four commissioners, with the mayor casting the only opposition vote.

"I think it's bad public policy to hire an attorney on the spot," Mayor Ward Friszolowski said, lamenting Driscoll's resignation. "Tonight was the classic example of us being in a rush when we shouldn't have been, had we listened to our city attorney."

Reese said he would need more time to review the proposed ballot items, but felt that Save Our Little Village's petition for a new comprehensive plan would be pre-empted by the state's Growth Management Act that requires state agencies to review proposed plans to ensure consistency.

"The referendum cannot be the sole way to enact a comprehensive plan. You still have to go through the public hearing process," Reese said.

"That's not what the Growth Management Act envisioned and that would not be sound land use planning."

The commission has hired Reese to act as interim counsel but will still hear proposals for a special counsel to handle the Save Our Little Village case in its entirety.

They will also be taking proposals for the position of city attorney.

Reese said that he would be happy to act as special counsel, but was not interested in the position of city attorney.

No decisions were made on whether the commission would attempt to keep the proposed ordinances off the ballots indefinitely.

Nick Johnson can be reached at nickjohnson@sptimes.com or 893-8361.

[Last modified December 18, 2007, 21:49:28]