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HomeMy Public PortalAbout2015-11-17 AttorneyClient In The Matter Of The Church By The Sea CASE 15-25961CA081 2 3 4 5 6 7 8 9 10 11 12 1 3 BAL HARBOUR V ILL AGE ATT ORNEY/C LIENT SESS I ON I N THE MATTER OF THE CHURCH BY THE SEA IN C . V. 14 BAL HARBOUR VILLAGE 1 5 CASE NUMBER : 15 -2 5961 CA 08 1 6 17 18 19 20 21 22 23 24 2 5 BAL HARBOUR VILLAG E HALL 655 96th STREET BAL HARBOUR , FLORIDA 33154 TUESDAY, NOVEMBER 1 7 , 20 1 5 5 :41 p .m . -6 :1 7 p .m. Taken before Mary G . Stephenson , FP R , Notary Public for t he State of Flo r ida TAYLOR REESE AND ASSOC I ATES , INC . (305) 4 4 4-7331 1 1 2 APPEARANCES : 3 COUNCILMEMBERS : 4 MARTI N PACK E R, MAYOR PATR I CIA COHEN , ASS I STANT MAYOR 5 GABR I EL GROISMAN SE T H E . SA L VER 6 7 8 VILLAGE MANAGER : 9 JORGE M. GONZALEZ 10 11 1 2 13 14 15 VILLAGE ATTORNEY : WEISS SEROTA HELFMAN PASTORIZA COLE & BON I SKE , P .A . BY : RICHARD JAY WE ISS , ESQ . JOSEPH SEROTA , ESQ. 16 VILLAGE CLERK : 17 DWI GH T S . DAVIE (PRESENT ONLY DURING P UBL I C PORT I ON} 18 19 20 21 22 23 24 25 TAYLOR REESE AND ASSOC I ATES , INC. (305) 444-7331 2 3 1 T hereupo n, t he f o llowing proceed i ngs were had : 2 3 4 5 6 7 8 9 10 11 12 13 1 4 15 16 17 18 19 2 0 21 2 2 2 3 2 4 25 MAYOR PACKER : Call ing th i s public meeting to order . Clerk, please ca l l the ro l l . THE CLER K: Yes , roll ca ll . Mayor Packer . MAYOR PACKE R : Here . THE CLERK : Assistant Mayor Cohen . ASSISTANT MAYO R COH EN : Here . THE CLERK : Counci l man Groisman . COUNCILMAN GROISMAN : Here . THE CLERK : Counci l man Salver is not here. Counci l man Sanz is no t here. We have a quorum . MAYOR PACKER : The time i s now 5:41 . We are about to have an attorney/client session in acco r dance with Florida Statute 286.011(8) regarding the litigat i on styled as The Church By The Sea Incorporated ve r sus Bal Harbo u r Village in the Eleventh Judicia l Circuit, Miami -Dade County , Case Number 15-25961 CA 08. The session is estima te d a last one ha l f of an hou r and the following people wi ll be attendance at this mee t i ng : Myself, Martin Packer , Assistant Mayor Patricia Cohen , Councilman TAY LOR REESE AND ASSOCIATES , INC . (305) 4 44-73 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1 8 1 9 20 21 22 23 24 25 4 Gabr i el Groisman . Councilman Salver is absent , Councilman Jaime Sanz is absent . Vi l lage Manager Jorge Gonzalez, Village Attorney Richard J . Weiss, Village Attorney Joseph H . Serota. These proceedings wi ll be recorded by a certified court repo r ter and , at the litigation of al l litigation discussed , the transcript wil l be made part of the public record . Al l those individuals who I have not named should now leave at this time . MR. SEROTA : We can leave . MR . WEISS : You can s t ay . We can go into another room . Thank you . (Thereupon, the session was resumed in another room . ) (Thereupon , Counci l man Sa l ver entered the room. ) MAYOR PACKER : Let the record show that Councilman Salve r is here. MR . WE ISS : I think you all know my partner Joe Serota . MR . SEROTA : We have been here before for executive sessions, but let me jus t spend a mo ment again reminding all of you that this case, The Church By The Sea case , by the way, can go on for TAYLOR REESE AND ASSOCIATES , INC. (305) 444 -733 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a while. It's also the kind of case that can be reso l ved very quickly. Once the case is resol ved , anything I say, anything you say here will become public record . We need your i nput. I am going to talk to 5 you about what I have got, but I just make ment i on to you that within, specia ll y for this case, within a relativel y short per i od, we can h ave this t ranscript will be public . Let me just ta lk to you a little bit about the background of this case, what the case is , what the issues are, some of the facts that we found, and then see i f Jorge has anything to add in terms of facts, and any questions that you have, and th en ultimately we want to have some direction from you . The church is the plaintiff in this case. Church By The Sea is suing the village in seek i ng two forms of relief . T hey are seeki ng declaratory judgment, which is basically a ruling from the court on a legal i ssue . What th ey are asking is they are saying that the village has interfered with the building official 's responsibilities. MR . WEISS: Vil l age council. MR . SEROTA: At times, it 's the village , TAYLOR REESE AND ASSOCIATES, I NC. (305) 444 -7331 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and at times, it 's the village council has interfered with the bu i lding offic ial's responsibility. They want a declaration that says that has happened factually, and, number two, they want a declaration that the village and village council is precluded from interfe re nce i n the future. That is the first thing they are looking for is a declaratory judgment . The second thing that they are looking for is what is called a wr i t of mandamus . A writ of mandamus is a ruling from the court that requires the building official to do someth i ng. mandate is really what i t is. It is a 6 The building official here, what they are asking is that the bu il ding offic i al affirmatively grant two permits. One is for asbestos removal, and one is for the demo l ition permit relating to the church. Now , the law is pretty clear that the judge can't rule what the result is, but it is true that the judge could rule tha t the building official must make a decision. MR . WEISS: The judge can 't tell her or him --it 's actually Raul. Can 1 t tell him what to TAYLOR REESE AND ASSOCIATES, INC. (305) 444 -7331 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 7 do . He can just say, listen . Th e judge could say , listen, you d o whatever you want to do, but you have to make a decis i on. MR . SEROTA : Ma k e a decision . MR . WEISS : That is what they are asking the court to do . MAYOR PACKER: T i me lim it? MR. SEROTA : Within whatever the reasonable per i od of time is, whenever it should be done . ASSISTANT MAYOR COHEN: Obvious l y . MR. SEROTA : I n order for t h at to h appen , for the judge to rule this way , the judge has to find this is what is called a ministerial sanction as opposed to a discretionary func t io n . Ministerial meaning t h at every t hing i s there . have to make a decision . You The f act i s that t he r e are o t her cases out there in which things like this h ave happened before , and where the judge has required the building officia l to make a dec i s i on . So that is what t h ey are as k i ng for . Just to bring you up to date, it was just filed. We haven 't responded yet . T he r e is a hearin g in the mo r n ing tomorrow mo rning . The r e is a hearing just on thei r action to --they want a TAYLOR REESE AND ASSOCIATES , I NC. (305) 444-7331 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 case management conference to expedi t e this whole action . COUNCILMAN GROISMAN : I s there an actual case manageme nt conference tomorrow? MR. SE ROT A : Case management conference, yes, 9:30 in the mo r ning. At that time , they are asking for the judge to k i nd o f set up a schedule, wh i c h i s if there 's depositions that are needed, d i scovery , maybe a 8 fina l hearing da t e . that. Chances a re the j u dge wi l l do COUNCILMAN SALVER : Are we ab l e to be deposed in this? P otentially. Potentially . We MR. SEROT A : will get into that. Yes , pote n t i ally , you could be deposed because they are accusing the council of interfering . So t h a t could happen. T he l ega l issue is can the building officia l be compelled to issue permits , which is what they asking for . Number t wo is can the council be enjoined or stopped from in terfering. The answer to the f i rs t question, I 'll tell you legally, is the bu i ld i ng official can be compelled t o act , not to i ssue perm i ts . TA YLOR REESE AND ASSOCIATES , INC. (305) 444 -7331 Okay? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 9 Can the council be enjoined from interfering? You k now , maybe . Maybe. I mean under --there is a Florida statute relating to building officials that says a building official has to be able to make his or her decision without i nterference from nonlicensed people. Meaning, if you are not a licensed building official . Now , in your charter , it says you guys can 't direct staff, that you go through the manager, and the manager d i rects staff. So these issues, these legal issues are kind of r elated . I n terms of t he facts , and, again , I would ask if Jorge may have closer facts because these are more recent facts because this is really hour to hour in terms of what we have . My understanding i s that the building official doesn 't yet have a to tal pac ka ge to make a decision relating to the building --to the demolition permit, t ha t there is still a vegetation plan tha t was needed, a DERM approval and a bond. Jorge , is that your un d erstand ing? MR . GONZALEZ : Let me kind of fill in as of noon today. What Joe is talking about, TAYLOR REESE AND ASSOCIATES, INC. (305) 444 -7331 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 7 18 19 20 21 22 23 24 25 10 understand, there are like two sets of permits that have been requested . There is the stuff that you do before you demolish . You have to clear the building of any hazardous material, asbestos, and the like. That application has been received and is in th e process of b e ing reviewed for approval . It has not been granted yet, bu t it is in t hat p ro cess. That is here in our building . You need to have that removed prior to demolishing the building. They have then proceeded to pursue a demolition permit and in doing so, one of the f i rst things you do is you n eed a DERM app r ova l from Miam i-Dade County. They come in , they get their application stamp e d by the building department here and take i t t o the county . Tha t DERM approval if it has been secured or not I am not aware, but an approved se t of p l ans from DERM has not been received by o u r bu i lding department. MAYOR PACKER: They submi tt ed it to t hem ? MR. GONZALEZ: They have submitted it to DERM , b ut i t has not come back to us. Once it would come back to us, it would come back to us and then it would have to go through the various disciplines that we have, TAYLOR REESE AND ASSOCIATES , INC. (30 5 ) 44 4 -733 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 mechanical , e l ectr i ca l, zoning, et cetera , and each of t hem wou l d do their review , and upon completing all those reviews in an affirmative way , then they a l so t h en have to have completed the asbestos removal. They must also have to provide utility connect letters i ndicating that utilities have come in and removed the meters , et cetera, and have to post a bond for vegetation . 11 There are things stil l that need to happen before we can issue them a full demolition permit . MR . SEROTA : Jorge, are you think i ng a week? Do you have any idea? MR. GONZALEZ : I t's h ard to say . What we have done for them as a courtesy that is extended to anybody who wants to do business and build in Bal Harbour is we have done what is called a dry run. What t hat means is while the permits are a t the county being reviewed by DERM , they have submi t ted t h e same set of plans to us and we a re do i ng a d r y run . We are running it through our building, electrical, mechanical , et cetera, so we can give them some comments. So that theoretically when they get their permits reviewed by DERM, they make the changes TAYLOR REESE AND ASSOCIAT ES, I NC . (305) 444 -7331 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 they need to make from t he comments that we provided to them and when we do our fo r mal review -- MAYOR PACKER: I t 's done quickly. MR. GONZALEZ: --i t 's done a l itt l e faster. That is a co u r t esy. We h ave done that for everybody. We have not denied that courtesy to the church in th i s in stance, b u t that said, until he gets the p l a n s from DER M, there is not really a set of app l ications that we a re evaluat i ng. MR . SEROTA: Jorge, your understandi ng is that the asbestos permit is re l a t ed to the demolition permit? MR. GONZALEZ: No . They are two different permits. MR. SEROTA: I know they are two different permits , but -- MR. GONZALEZ : So t hat was a request . MR. WEISS: It's a pre MR. GO NZ ALE Z: I t 's a precursor to that. 12 In short order, we might be ready to provide them that permit, which al l ows them to begin to remove tile and AC duct work and other things that might be asbestos or hazardous materials . TAYLOR REESE AND ASSOC I ATES , INC. (305) 444-7331 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 You need to show that completed before you demolish. MR. WEISS: It's c l ear l y a first step. COUNCILMAN GRO I SMAN: From a factual 13 perspective, I think that the complaint, which is obviously political l y motiva ted, is false on its face . The premise of the entire suit is that the village council has directed the building official not to issue the permit. MR. SEROTA: Well, there's a couple of th ings that are false on the face l isten i ng to Jorge . Number one is t hat it 's not ready to be issued by anybody . Number one. Number two, you are r i ght, that the issuance is being slowed down or stopped by the village council or interfered with by the village council, both are factually incorr ec t . MAYOR PACKER: We should answer this that we have not interfered. MR. SEROTA: Right. We just deny the interference. We deny the interference. We also deny the fact that the building official has done anything wrong. Now, the fact is this is moving so quick ly, TAY LOR REESE AND ASSOCIATES, INC. (305) 444-7331 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 by the time it comes around to filing an answer, which is probably not due for another couple of weeks, the whole thing could go away if it's granted . If it 's denied , that is fine too. If 14 it's denied , by the way, then they have to take an appeal. MR. GONZALEZ: If what is denied? MR. SEROTA: If the permits are denied. If the permits are denied, they can take an appeal to the County Board of Ruling and appeal. is a process. So there MR . GONZALEZ : That is appealing the building official's dec i s i on . that is not uncommon either. That is some t hing COUNCILMAN GROISMA N: That is separate and apart from this lawsuit , right? MR . SEROT A: I th ink the lawsuit goes away. As long as the bui l ding official makes a decision either granting or denying these two permits, my understanding is the case goes away. MR. WEISS : I t hink to go back to the question that Seth asked, which was as long as this case is pending because this is a suit in equity , and mandamus is given some priority by the courts in sort of movi ng forward because they are TAYLOR REESE AND ASSOCIATES , INC. (305) 444-7331 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15 trying to get the governmen t to take some action, the judge could set a pretty aggressive discovery schedu l e . He could say , you know , you have to have your interrogator i es in by th is t i me, depos i t i ons have to be taken by that time . So it is possi ble , to answer your question , tha t they i mmediate l y s t art se t ting down depos i t i ons . COUNCILMAN GROISMAN: What if we stipulate that the village council isn't interfering wi t h the bui l d i ng? MR . WE I SS : It is in t erfering or is not? COUNCI L MAN GRO I SMAN : Isn 't . MR . SERO T A : T he re is nothing to stipulate . They are saying we are and we are saying we are not . COUNC IL MAN GROISMAN : No. They are just saying we are . We haven 't saying anything yet. MR. SEROTA : We haven 't said anything . there is no stipulat i on. MR . WEISS: Th e only way to avo i d that So issue is to stipulate t hat you are. That makes a the i ssue moot , but , certainly , we don 't want to do that . That is a bad thing. COUNCILMAN GRO I SMAN: I would consider TAYLOR RE ESE AND ASSOCIATES, I NC. (305) 444-7331 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 really serving a 57.105 . The entire thing is so frivolous on its face, and it's an abuse of the whole system for political purposes . MR. SEROTA : Well , listen, I agree with you. I was thinking abo u t the same thing. They have no --well, the point is I don't know what evidence they have or what they have heard relating to the first i ssue --o k ay? --whether there has been any --l isten, an inquiry, was 16 someone's inquiry --you guys are elected . If you make an inquiry as to what is going on, I don 't think that is interference. Okay? I'm making it up . I haven't talked to any of you. I don't know if any of you had any contact whatsoever. COUNCI L MAN GRO I SMAN: T he bui l ding official you are saying? MR. SEROTA : T he b uildin g official. COUNCILMAN GROISMAN: I hope not. MR. SEROTA : T he fact is that , listen, Jorge works for you guys. I f yo u have a question, that is why you get elected , you certa inl y ask Jorge . There is nothing wrong wi t h that . That is not interference . You are just doing your job . COUNCILMAN GRO I SMAN : Did anyone here have contact with the bu ildi ng official? TAYLOR REESE AND ASSOCIATES, INC. (305) 444 -7331 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 17 MAYOR PACKER: I haven 't spoken to her . COUNCILMAN GRO I SMAN: You, Seth? Patricia? ASSISTANT MAYOR COHEN : Not about this . I have spoken to Jo rge. MR. GONZALEZ: When t hey say the v i llage council , do we take the definition that it's the council as a body? Because the counc il as a body can 't even operate unless the public can take a vote or tha t , in a sense, wi ll it be defined as the village council , one individual? MR . SEROTA : They are saying the village council has interfered. Now , they haven 't sued the village MR . GONZALEZ: My po in t is I'm trying to distinguish between the body versus the village council person. ASSISTANT MAYOR COHEN : T hat is a very good question . MAYOR PA CKER : Village council memb ers. MR. GONZALEZ: I t doesn't say members. says village co u ncil . MR. SEROTA: Keep in mind, they are no t asking for money. They are ask in g for -- MR. GONZA L EZ: Action . TAYLOR REESE AND ASSOCIATES, INC . (305) 44 4 -73 31 It 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2 3 24 25 18 MR . SEROTA : --action. So let 's say in the first count what they are saying is t h at they want a declaration that the vi ll age council , that the village through the v ill age council has violated this Florida statute that says you can 't interfere with building o f fic i a l s . COUNCILMAN GRO I SMAN: What if we agree to the writ? MR. SEROTA : We co uld . MAYOR PACKER : Why shou ld we? COUNCI L MAN GROISMAN : Because the bu i lding official has to dec i de it . MR . GONZA LEZ : They are go i ng to do that whether we are sued or not . COUNCILMAN GROISMAN: We can't interfere wi t h the building of fi cia l anyways. So i nstead of being dragged into a l awsuit for nothing, for something that we can 't do anyways . COUNCILMAN SALVER : And risking having to get deposed . COUNCILMAN GROISMAN : We can get deposed . I don 't ca r e . MR. SEROTA: I don't like the idea of agreeing to the writ because you are essentially --it could be seen as you are TAYLOR REESE AND ASSOCIATE S, INC. (305) 444-7331 1 2 3 4 5 6 7 8 9 10 11 12 13 1 4 15 16 17 18 19 20 21 22 23 24 25 19 admitting that they are entitled to it . As I understand the truth , okay? The truth is the building official is doing the job the building official is appo i nted to do. Tha t is , waiting for a complete application, waiting for all the permits. I mean, for all the requirements, and then we will iss ue a ruling. COUNCILMAN SALVER: There is two permits, though. There is the asbestos permit that is not waiting on anything. MR. WEISS: What we are saying is based upon the indication that we have, even the asbestos permit is being processed. MR. GONZALEZ: I t 's processed. It's pending right now . The last thing we talked about is the church is an entity made up of individuals. So there is someone that signed an applicat i on saying, I 'm authorized to s i gn saying thus and such. We want to make sure that was properly done , you know, because it 's not an application to change windows. It's an application that is going to tear down stuff. So we can 't want it done in a manner that is improper . So we need to validate that either through minutes or some other affirmation of their law yers or something to say TAYLOR REESE AND ASSOCIATES, INC. (305) 444-7331 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 20 yes . MR . WEISS: Of course, that issue was an issue that was raised in the other l awsuit -- MR. GONZALEZ : Precisely . MR . WE I SS: which is the one that Lynn Bloch Mullen filed against the church. What she said was that these decisions that were made to sell to the shops , to do a ll t h ese things were not properly noticed and not properly authorized by the church. So we haven 't made that inquiry because the truth is a t the hearing t hat I have sent you a bunch of information that happened last week , the judge could have said , you know what , you are right, there is not proper --Lynn Bloch Mullen is correct. But we didn't want to issue a decision in advance of t he judge doing that because that would have been --now we know that the judge has ruled that L ynn Bloch Mullen doesn 't have standing. I think I have talked to you about standing . injunction . And also den ied her her motion for an So it is back in our court now because we now still have to process the bui l ding permit . we will go ahead and do wha t we talked about, So Jorge, which is have the bui l ding official write a TAYLOR REESE AND ASSOCIATES, INC. (305) 444-7331 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 21 letter to the church and say we would like to see the minutes that authorized reverend whoever it was to sign this document. MR. SEROTA: Now, Gabe, when you say it is politically motivated, this is not the first mandamus act i on that we have defended wi th Shubin on the other side . We just went through a case representing Grove Isle where he filed almost an identical mot i on asking the C i ty of Mi ami. We weren't representing the C it y o f Mi am i . rep resent ing Grove Is l e . We were I don 't think it's so much politically motivated as i t is just to push us to make a decision because we are sitting around here and we are all talking abou t i t i nstead of this is the kind of thing that you guys p r obably never even think about. COUNCILMAN GROISMAN: T hat is wha t I mean. I meant the same thing . ASSISTANT MAYOR COHEN: I think, okay, you correct me, but I think it's to intimidate us. It feels bully. I t feels ungrounded. You don 't have to be an attorney to f i gure this out . There is no basis and it 's just to scare us. that effect on me . It doesn 't have TAYLOR REESE AND ASSOCIATES, INC . (305) 444 -7331 1 2 3 4 5 6 7 8 9 10 11 12 13 1 4 15 16 1 7 1 8 1 9 20 21 22 23 24 25 MR . WEISS : I t 's saber rattling to try to -- ASSISTANT MAYOR COHEN : Exactly. MR . WEISS : --to try to let you know how se r ious. I don't really ge t --a lot of us have talked about it . doing this. I don't get the politics of MR . SEROTA: Well , it gives him a 22 mechanism. If it doesn't happen , they now are in court with a judge , with a process , and they can take action . COUNC ILMA N GROISMAN : Normally , I wou l d have done it after adverse --I don 't know if i t's a ruling , but if the judge granted it , we would be at the point -- MR . SEROTA: Right , they are doing it preemptive l y . But, Jorge , let me just ask you this because th i s is something we can say to the judge tomorrow . On e way or the o t her do you think that a decis i on is going to be made on both of these things within two weeks? MR . GONZALEZ: With respect to the asbestos removal , absolutely. With respect to the demolition permit, it 's TAYLOR REESE AND ASSOCIATES, INC. (305) 44 4-7331 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 23 a function of when we get the permits from DERM. MR. SEROTA: I understand that. COUNCILMAN GROISMAN: Once we get them . MR. GONZALEZ: Once we get the permits from DER M we can probably do our review within the week. ASSISTAN T MAYOR COHEN: Assuming that you get clearance from wh omever you are going to contact. MR. GONZALEZ: Our review, which is the parts related to mechanical, electr ical, plumbing , et cetera. MR. WEISS: Which , by the way, the issue that Patricia was just rai sing , it 's a l ittle dicey because it's the subject of a pending lawsuit, but we have to do our jobs, and we have to look at the mat e ria l tha t they give us. We have to make the best dec is ion as we can. But it 's interesting because --interesting to lawyers . Not so interesting to you , but it 's int erest ing that th e iss ue, that issue -- MR . GONZALEZ: The heart of t heir case. MR . SEROTA: The heart of their case that L y nn fi led is a decision t h at we have to make anyway . TAYLOR REESE AND ASSOC I ATES , INC . (305) 444-7331 1 2 3 4 5 6 7 8 9 10 11 12 13 1 4 15 16 17 18 19 20 21 22 23 24 25 24 MR. GONZAL E Z : Where I was going w i th this , what we don't con t rol is the u t ility connects and the MR . SEROTA : The only reason I ask is tomorrow we can say to the judge, listen, we think a decision , we can 't guarantee it, we are not here to have an order entered saying we have to do it, but we think it 's a matter of two weeks . MR . GONZALEZ : Two to three weeks assuming we get to there . That is the first question. The other thing we are saying MR . WEISS : about the authority issue is that once the let 's assume for a moment that the village comes to the conclusion they did have authority , and she issues a building permit, then Lynn Bloch Mullen or the people that are opposed to the issuance of the permit can f i le the same kind of appeal and say, you know what, they didn 't have the authority . So they have their own remedies even af t er . The fact that the village issues a decision one way or another doesn 't necessarily . COUNCILMAN GROISMAN : Who is that appeal made to? MR. SEROTA : Board of Rules and --BORA it 's called , Dade County . TAYLOR REESE AND ASSOCIATES, I NC . (305) 444 -733 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 25 COUNCI L MAN GROISMAN : So , again, not the village council . MR . WEISS: Not t he village council. You guys are out of it . What Joe is saying is important , t hat the law is that the idea of a building official is that he or she is making decisions based upon more th i ngs that would be in Seth 's world as opposed to arguments. There 's 1 7 things that need to be checked , and once you have those things checked yo u make your decision as opposed to, well, I l ike it, I don't like it . It 's not subjective . It's mostly objective , and t h e cases that we researched in Grove Isle, the cases where the mandamus does not get granted are ones where they can show there is some subjective elements . Like the zoning , there is an issue of interpre t ation of the zoning code , which are a little bit more subjective or there is policy. So even if Raul issues the building permit for demo li tion, then Lynn Bloch Mullen and whoever wants to co u ld go and challenge . MR. SEROTA : If they have standing. MR . WEISS: If they have standing . The problem she is going to have is t hat the judge has TAYLOR REESE AND ASSOCIATES, INC . (305) 444-7331 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ruled she doesn 't ha ve standing. COUNCILMAN GRO I SMAN : We wil l l i kely get dragged into that lawsuit too , right? MR . SEROTA : Tha t is what Shubin said was that one of the --that there was a lack of indispensable part i es. MR . W.E I SS: We are ta l king about the suit that Lynn has brought agai n s t the church, that John Shubin said the v il lage needs to be brought into this as well as the county because they are the ones that have some control over these permits . MR . SEROTA : So un l ess you people have any 26 other directio n at this point , as I understand it, the staff wi ll go forward and do what the staff has to do . I would tell you we have no evidence that any of you have interfered in any way. would tell you, respectfully, you shouldn't. I Okay? If you have any questions , you have the manager. He 's in charge of s t a ff , and that is it. Now , I would h ope --we wi l l f i nd out tomorrow how aggressive they a r e. I mean, i f we tel l the j udge that we think , judge, we think it 's p r obably, we are probab l y ta lk ing about a coup l e of weeks h ere and we can't guarantee it because we TAYLOR REESE AND ASSOCIATES, INC . (3 05) 444-7331 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 are wa i ting for information from the other side . MR . GONZA L EZ : They will want some more definitiveness on the asbestos removal because that gets them started. 27 MR. SERO TA : Wel l , l isten, we are not going to comm i t to anything tomorrow. We are basically going to tell , judge , we think this whole thing will like ly go away within a coup le of weeks, but, Your Honor, you can do whatever you want. MR . WEISS: By the way, the conference is scheduled tomorrow, I don't know what time it i s when the historica l preservation board meets. MAYOR PACKER : 2 :00 o 'clock. COUNCILMAN GROISMAN: Who is the judge in t his case? MR. SEROTA: I was afraid you were going to ask . COUNCILMAN GROISMAN: Is it the same judge as -- ASSISTAN T MAYOR COHEN : The other one is Rosa. What was her name? MR . WEISS : Rosa Rodriguez . ASSISTANT MAYOR COHEN : I heard she i s really smart. MR. SEROTA : Yes, 08. I don 't know. TAYLOR REESE AND ASSOCIATES, INC. (305) 444-7331 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 should know , but I don't know. MR. WEISS: So tha t i s who that is. MR. GONZALEZ : Th i s i s the first part of i t , which is t h e asser t ion tha t the in t erference took plac e. We shou l d res pond to that somewhat. MR . SEROTA: It 's in front of Gisella Cardonne . COUNCILMAN SA L VE R: Is i t in county court? MR. WEISS: No. MR. SEROTA: Circuit court. ASSISTANT MAYOR COHEN : Gisella Cardonne. MR . SEROTA : Gise ll a Cardonne Ely. MR . WEISS : So on t he mandamus count, we 28 are basically going t o te ll the court that we are processing these permits in accordance with our normal procedures. MR . SEROTA : And we haven't done anything wrong. MR. WEISS: And we haven't done anything wrong . MR. GONZALEZ: They haven 't submitted the papers. MR . WEISS: We do n 't have the informa t ion we need to process permits, and th at we wil l process them in the norma l cou r se. T AY LOR REESE AND ASSOCIATES , I NC. (305) 44 4-7331 i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 29 In t he other count, we are going to te ll , we are going to bas i ca l ly when we have to , we are going to deny the fact that you guys have interfered. MR . SEROTA : I think the important thing is I would take a, I am not going to say aggressive, a very strong position tomorrow , which i s, judge , this is an unfounded situation. You know, just so the court knows , there has been no interference , and t he only reason t h at a decision hasn't been mad e i s because the applications and the information tha t we need is not complete , and we believe that a decision will be made within a couple of weeks . This is much ado about nothing . That is i t . COUNCILMA N GROISMAN : T here is no need to waste the court 's time . MR . SEROTA: Right . Now , I don 't know what the judge will say. The judge could say , you know , wait a coup l e of weeks and see , or if they want to start taking depos i tions or something , which really would be an unnecessarily nasty thing to do, that t hey cou l d do it for the i ntimidation factor . MR . WEISS: Spec i a ll y people that are TAYLOR REESE AND ASSOCIATES , INC . (305) 4 44-7331 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 30 trying to get three votes together . MR . SEROTA: We would ask the court to a t least wait two weeks . Th i s may go awa y. Just so we don't have any unnecessary fees generated . That is really it. COUNCILMAN SA L VER : When is this taking place? Is it tomorrow at 9 :30? MR . SEROTA: Righ t . COUNCILMAN SALV E R : So we will know . MR . WEISS : As soon as we know something, I text you and I e -mai l you and send you everyth i ng. MAYOR PACKER : Can the judge take that under advisement , not give a decision right then and there? COUNCILMAN GRO I SMAN : T hey are not asking for anything tomorrow . MR . SEROTA : T omorrow is j u st p l anning. MR. WEISS : Joe wi ll get a little bit of a feel tomorrow about how the judge fee l s about the case . COUNCILMAN GRO I SMAN : And what the i r real strategy is. MR . SEROTA: Exactly. Right. There i s two approaches they can u se. One, they could be , we are in where we are , we are TAYLOR REESE AND ASSOC I ATES , INC. (305) 444-7331 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 willing to wait a couple of weeks, and see what happens. Or they could decide , no , we want to start taking depositions in three days. We want to start deposing the council members . They could take that position . Obvious l y, we w i ll resist 31 that , and I think it will go away . see the emerge n cy her e. I don 't really MR . WE I SS: I tell you, just as a thought , the shops are play ing for --they are p la ying a long game , not the short game. So par t of t h is is you guys may grant the application of the shops and it goes forward and there is no litigation over that . At some poin t in the fu tu re , though , if the applica tions from the shops are denied, then they may use this as a free discovery tool to get information about --they will ask you all sorts of questions . We will protect you, but a deposition is a deposition . MR. SEROTA: Once the building official decides either granti n g or denying, it seems like it 's moot. MR . WEISS: But i f they take the position, they try to take depositions right away -- MR. SEROTA: Right away . TAYLOR REESE AND ASSOCIATES , INC . (305) 444 -7331 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 32 MR. WEISS: --they can use it just to have a chance to put you in the witness stand . MR . SEROTA: I mean, we will resist. We will say , judge, we think this is nothing but an attempt at intimidation. MR. WEISS: We will file a motion for protec t ive order. MR. GONZALEZ : What I suspect is, another thing the village does from time to time as a courtesy, is to al l ow an early start . That means it allows you to star t to work up t o the first inspection while you are p e nd in g your permits . Those co urte s ies have been extended to the shops and to others. I n t his instance given COUNCILMAN GROISMAN : Given the lawsuits . MR . GONZALEZ: Given the g ivens , it's best not to do an earl y start . Let 's get our p ermits a ll aligned and make sure e very t hing i s al l r ight . They may be say i ng or v iewing i t as we are -- MAYOR PACKER: Give us the same p r ivileges that you have done for everybody else . MR . SEROTA: Except they specifically don 't mention that , Jorge, in t he lawsuit, wh i ch I was aware that we didn't grant them an early start because I think t hey recogn iz e that it 's TAYLOR REESE AN D ASSOCIATES , I NC . (305) 444-7331 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 discretio n ary. MR. WEISS: Just an early start on demolition . COUNCILMAN GROISMAN: I thi nk it 's important to dot ou r I 's and cross our T 's on making sure that whoever signed it act u ally has authority on behalf of t he entity . MR. GONZALEZ: That is the la st piece we are wai t ing on that piece. COUNCILMAN SALVER : Do they know we are waiting on that or no? It sounded like we are still MR . GONZALEZ : No . We are going to send them a letter. You wi ll help draft i t? MR . WEISS: Yes . MR. GONZALEZ : My advice is respond. MR . WEISS: Ok a y. COUNCILMAN GROISMAN: Okay . 33 MR . WEISS : Mr. Mayor, if you could just -- obviously, this i s not t he end . You can cal l me, you can call Jorge , ta l k about it with him. MR . GONZALEZ: We have another executive session . MR . WEISS: Yes , we do. TAYLOR REESE AND ASSOCIATES , INC. (305) 44 4 -7331 1 2 3 4 5 6 7 8 9 10 11 1 2 13 1 4 1 5 16 17 18 19 20 21 22 23 24 25 34 MR . SEROTA : Open the door . MAYOR PACKER : I will now r eopen the public meet i ng . MR. WEISS : Any public out here wanting t o come in? No . MAYOR PACKER : The attorney/client sess i o n has now been terminated and members of the general public are now invited to return for any further proceedings or matters . MR . WEISS : Now we are in a public hea ri ng. (The r eupon , t he p r oceedi ngs were a djou r ned at 6 :17 p .m .) TAYLOR REESE AND ASSOCIATES , INC . (305) 444 -733 1 1 2 3 4 C E R T I F I C A T E 5 I, Mary G . Step h enson, FPR, State of Florida at 6 Large, certify that I was au t horized to and did 7 stenographically report the foregoing proceedings and 8 that the transcript is a true and complete record of my 9 stenographic notes . 10 11 Dated this 2nd day of December , 2015. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 TAYLOR REESE AND ASSOCIAT ES , INC. (305) 444-7331 35